tms-el02-a-01-02page 1 of 39 overview of eu environmental, health & safety (ehs) legislation tms...

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Overview of EU

Environmental, Health & Safety (EHS) Legislation

TMS Consultancy Ltd.

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Objectives• To obtain an overview of EU EHS Legislation

• To develop an understanding of EMS (such as ISO

14001/EMAS)

• To develop an understanding of OH&S MS (such as

OHSAS 18001)

• To understand the concept of risk assessment

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Agenda• Introduction

• EU Legislative Process

• Underlying Principals

• EU Environmental Legislation

• EU Health & Safety Legislation

• EHS Management Systems (ISO 14000/OHSAS 18000)

• Conclusion and Discussion

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European Union Legislation

EU environment policy is realised through the full range of legal and other measures which can be adopted under the Treaty of Rome.

The Council can adopt:

1. Recommendations and Resolutions

- not legally binding but which exert moral and political pressures.

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2. Regulations which are directly applicable in each Member State

- automatically become part of domestic member state law, eg EU Regulation 259/93 on the Supervision and Control of Shipment of Waste within, into and out of the European Community.

- Usually used for very specific purposes such as trade in products

- not often used for environmental legislation

- it is expected that they will be used more frequently in view of the Single European Act and the Treaty on European Union .

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3. Directives which must be transposed into the

law of Member States

- by national legislation within designated time limits unless the objectives they seek to achieve have already been met by the law of a Member State.

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6th EU Environmental Action Programme (2001-2010)

Environment 2010:

“Our Future, Our Choice”

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6th Environmental Action Programme

The Sixth Environment Action Programme focuses on four priority areas for action:

• climate change• biodiversity• environment and health• sustainable management of resources and wastes

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Sustainable Development

“Development which meets the needs of the present without compromising the ability of future generations to meet their own needs”.

Bruntland Report

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Underlying Principles of EU Legislation

• “Polluter Pays” Principle

• “Proximity” Principle

• “Precautionary” Principle

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EU Environmental Legislation• Waste Management

• Air Pollution

• Water Pollution

• Noise Pollution

• Development Control

• Hazardous Substances

• Access to Information

• Integrated Pollution Prevention and Control (IPPC)

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Definition of Waste

Waste - “any substance or object belonging to a

category of waste specified in the First Schedule or

for the time being included in the European Waste

Catalogue which the holder discards or intends or is

required to discard, and anything which is discarded

or otherwise dealt with as if it were waste shall be

presumed to be waste until the contrary is proved”

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Waste ManagementDefinition of Hazardous Waste

Hazardous waste is defined in EU Directive 91/689/EC Hazardous Waste as(a) Annex I Waste: Generic

(b) Annex II Waste: Properties

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European Waste Catalogue (EWC)• Hazardous and non hazardous waste

• Each waste type is assigned a six digit code made up of 3 “two digit” sub-codes. This code describes the process/industry/sector from which the waste arises and the waste type. In some instances a further two digit sub-code is used

• Hazardous wastes are marked with the symbol * (ref. HWL)

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Council Directive 96/59/EC, 98/101, 91/157/EC Hazardous Waste Directives

• Focus on asbestos, PCBs, PCTs, used batteries,

waste oil and hazardous waste generally

• Reduction at source vs End-of-pipe solution

• Objective is to render hazardous materials less

hazardous, e.g. no batteries with > 0.0005% Hg

• Large producers of waste oil (>500 litres) must

maintain records

• Waste oil must be segregated (including PCB oils)

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Regulation 259/93 on the Supervision and Control of Shipments of Wastes within, into and out of the European Community

• Consignment notes

• Labelling of waste

• Mixture of wastes

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Council Regulation 259/93

• Provides for the “tracking” of movements of hazardous waste

within the state, by means of a system of documentation to be

completed by the consignor (producer), carrier and consignee, of

each waste consignment to be furnished to the appropriate local

authorities.

• The Regulations also provide for compliance with certain EU

requirements regarding the labelling of waste containers and the

mixing of different classes of waste.

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Council Regulation 259/93

• Regulations provide for a certification system and for a

financial guarantee or other equivalent insurance satisfying

the requirements of Article 27 of EC Regulation 259/93 on

the supervision and control of shipments of waste within, into

and out of the European Community, as amended

• No shipment of waste may enter/leave a member state unless

a certificate is issued in accordance with the legislation by

the competent authority.

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Directive on Packaging and Packaging Waste 94/62/EC

• Obligations on all companies which supply packaged goods or packaging.

• Additional obligations are placed on “major producers”, (e.g. in Ireland producers which have packaging output exceeding 25 tonnes and €1.27 turnover in Irish market).

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Directive on Packaging and Packaging Waste 94/62/EC (Continued)

• Main priority is to prevent production of packaging waste.

• Management of packaging and packaging waste.– reuse and recycling of packaging .– recovery of packaging waste.

• Requirements on composition and nature of packaging.

• Targets and deadlines for recovery and recycling.• Limits on concentration of heavy metals in

packaging and packaging waste.

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Directive on Packaging and Packaging Waste 94/62/EC (Continued)

• European Standards on Packaging/Packing Waste.• Database to be maintained for each member state.

- Quantities and types of packaging consumed and reused.

- Quantities of packaging waste recovered, recycled and disposed of.

• Marking and identification system for packaging.

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Directive 2002/96/EC on WEEE • Company will be required to minimize waste and

promote recycling• Company may be responsible for collecting as

well as recycling, equipment that has come to the end of its useful life from private households, although not apparently from big commercial organisations, which are deemed to have sufficient recycling schemes already in place

• By 2006, producers will be required to reuse/recycle between 60% and 80% of consumers waste electrical and electronic equipment

• Producers will have to organise and finance the treatment, recovery and disposal of such waste

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Directive 2002/95/EC on the restriction on the use of certain Hazardous Substances in Electrical and Electronic Equipment

• From 1st July 2006, any new equipment manufactured by Company must not contain a variety of dangerous substances, including lead, hexavalent chromium, mercury, cadmium and certain brominated flame retardants

• Implications for companies using soldering

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The 1999 Landfill Directive (1999/31/EC)• Covers 3 types of landfill sites:

– landfill for hazardous wastes– landfill for municipal and non-hazardous

wastes and for compatible wastes– landfill for inert wastes

• Landfill may receive multiple classifications (but in separate areas).

• These sites will require a permit/licence to operate.

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Air Pollution

• Convention on Long Range Transboundary Air Pollution (LRATP)

• Montreal Protocol

• Framework Convention on Climate Changes

• Kyoto Protocol

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Air Pollution

• Council Directive 1999/30/EC, Relating to Limit Values for Sulphur Dioxide, Nitrogen Dioxide and Oxides of Nitrogen, particulate matter and lead in ambient air

• Limitation of Emissions of VOCs Directive 1999/13/EC– in excess of one tonne of solvent in surface cleaning

– company must register with regulatory body

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Air Pollution• The Montreal Protocol regarding Ozone-

Depleting Substances, EU Regulation # 2037/2000 on Substances that deplete the Ozone Layer

• CFCs, halons, carbon tetrachloride, methyl chloroform, HBFCs – production and use currently prohibited

• HCFC consumption phased out after 2015• Methyl Bromide phased out after 2001,

with possible exemptions for critical uses

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Air Pollution

• EU Directive 1999/332/EC relating to a reduction in the sulphur content of certain liquid fuels

• By 2003, 1% by mass for HFO

• Currently 0.2% by mass for gas oil

• By 2008 0.1% by mass for gas oil

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Effluent and Water

EU Framework Directive

• Sets two levels of dangerous substances

– List I (Black List) substances

– List II (Grey List) substances

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Effluent and WaterGroundwater Protection

• Groundwater Directive 80/68/EC

• Dutch Soil and Groundwater Target/Intervention Levels

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Development Control• EC directives 85/337/EEC and 97/11/EC• Seeks to prevent the creation of pollution or

environmental nuisance at source.• Activities in First and Second Schedule of 97/11/EC

are required to carry out an EIA resulting in an EIS.• Strategic Environmental Assessment Directive

2001/42/EC• Applies to ‘plans’ and programme in

– transport - water resource management

– energy - industry– waste management - telecommunications– tourism

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Environmental Impact Assessment

Examine the Impacts on the Environment

Proposed Development

Significant likely adverse impacts

Propose mitigationmeasures

Incorporate revisions into design

Positive, residual or no impacts

Finalise design

Apply for developmentconsent

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Development Control

• Habitats Directive 92/43/EC

• Wild Bird Directive 79/409/EC

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Hazardous SubstancesCPL Directives 98/98/EC and 2000/33/EC • Codify in one single document the law on

CPL of dangerous substances.• Manufacturers of new substances must

supply a notification dossier to the competent body.

• Suppliers must put warning labels on containers, including R&S phases.

• Manufacturers/suppliers must provide 16 point safety data sheets.

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Hazardous SubstancesEU Directive 94/55/EC, 95/50/EC, 98/86/EC and 99/47/EC

• Directives on the Transport of Dangerous Goods by Road.

• Gives effect to European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR Agreement).

• ADR Agreement outlines rules for carriage of Dangerous Goods by road including rules for:– Packaging and Labelling (e.g. transport documents)

– Vehicle construction, equipment and transport operations

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Hazardous SubstancesCouncil Directive 96/35/EC and 2000/18/EC Safety Advisers

• Regulations prohibit undertakings from transporting dangerous goods by road or rail unless a DGSA has been appointed.

• Undertaking: “any person who transports, loads or unloads dangerous goods”.

• DGSA must hold a vocational training certificate appropriate to modes of transport and types of goods transported.

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Freedom of access to information on the environment (EC Directive 90/313)

• All information, correspondence, reports etc. furnished to Public Authorities, unless marked “confidential” can be accessed by member of general public.

• “Confidentiality” exception strictly administered.

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Directive on IPPC 96/61/EC

• Framework piece of legislation.

• Activities listed in Annex I of the Directive are required to obtain IPPC licence, i.e. one licence dealing with emissions to all media.

• Licensing procedure is laid down in the Directive and fees are similarly prescribed.

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Directive on IPPC 96/61/EC (continued)

• The European IPPC Bureau has drafted “BREF Guidance Notes” for different sectors of industry.

• Agency applies standards of BAT (Best Available Technology).

• Higher standard of BAT will generally apply to new industries (as opposed to existing activities).

• Noise has statutory basis.• One of the conditions of the licence is the necessity to

operate an environmental management programme (EMP) and publish an annual Environmental Statement.

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