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Energy Development Unit
DECC / EDU – Offshore Environment and
Decommissioning Branch (OED)
Offshore Oil and Gas (O&G) Environmental Register
EU Environmental Issues
Edition: As at the end of April 2010
Welcome to our EU Environmental Issues Register. We intend to make
updated versions of the Register available on our website on a monthly
basis. The next edition - covering up to the end of May 2010 - will be
published in June 2010. On future editions we will highlight on the
contents page (in bold / italics) those existing entries which have been
subject to amendments. New topics will also be identified on the
contents page (in bold / italics / red text).
For those viewing the Register for the first time, we hope that you find
it useful. Please revert to earlier editions of this Register on our
website (https://www.og.decc.gov.uk/environment/eu_env_reg.htm) for
previous information on the existing issues covered.
We see the provision of information as a `two-way process’.
Therefore, any feedback / suggestions on this document and / or the
notification of any issues you are aware of but which are not included,
plus the details of any other contacts who may find this document
useful, would be gratefully received and should be sent to:
david.foskett@decc.gsi.gov.uk.
NOTE: TO USE THE `HYPERLINKS’ PROVIDED IN THIS
DOCUMENT, YOU MIGHT NEED TO PRESS THE `CTRL’
KEY AND THEN CLICK ON THE ITEM OF INTEREST.
Disclaimer: This Register is primarily for DECC/EDU-OED’s
internal purposes and the information presented reflects our
understanding of the situation on each issue at a particular
point in time. Therefore, circumstances on some of the issues
will inevitably change as things progress and whilst we will
do our best to reflect any variations in future monthly or,
where appropriate, interim editions, we cannot guarantee that
the Register will be exhaustive or current `up to the
minute’.
Page 1 of 26
Register Distribution List
(See embedded list)
Page 2 of 26
CONTENTS PAGE
Contents Page(s)
(Alphabetical Order)
Important EU Environmental Issues for the offshore oil and gas industry
Carbon Dioxide (CO2) Capture and Storage (CCS) 4
Chemicals Policy (REACH) 4, 5, 6 & 7
Emissions Trading System (EU-ETS) 7, 8 & 9
Environmental Liability Directive 9 & 10
European Pollutant Release and Transfer Register (E-PRTR) 10 & 11
Fluorinated Greenhouse Gases and Ozone-Depleting Substances 11, 12 & 13
Regulations
INSPIRE – Spatial Information for Europe 13 & 14
IPPC Directive – Proposed Amendments 14
Marine Environment Thematic Strategy 15
Mercury Strategy (Regulation on banning mercury exports / the safe 16 & 17
storage of metallic mercury)
Natura 2000 Network 17 & 18
Persistent Organic Pollutants (POPs) Regulation 18 & 19
Other relevant EU issues – where DECC/EDU has either a limited or no
direct enforcement role
Prohibiting Organotin Compounds (TBT) on Ships 20
Batteries and Accumulators Directive 20 & 21
Waste Electrical and Electronic Equipment (WEEE) Directive 21 & 22
Waste Prevention and Recycling Strategy and Shipment of Waste Regulation 23, 24 & 25
Contacts Matrix for `Important’ and `Other Relevant’ EU Issues
Annex 1 – Contacts Matrix 26
Issues in italics / bold = amendments since last edition.
Issues in `red text’ / italics / bold = new additions since last edition.
Key: EU = European Commission; EP = European Parliament; Council = Council
of Ministers; and MS = Member States
DECC Acronyms (as used in main document and / or Contacts Matrix (Annex 1):
DECC - EDU = Energy Development Unit
DECC - EMI = Energy Markets and Infrastructure Unit
DECC - ICC = International Climate Change Unit
DECC - SD = Strategy Directorate
BIS = Department for Business, Innovation and Skills
Page 3 of 26
IMPORTANT EU ENVIRONMENTAL ISSUES FOR THE OFFSHORE OIL AND
GAS INDUSTRY
Carbon Dioxide (CO2) Capture and Storage (CCS)
[Directive 2009/31/EC]
Background: On 23 April 2009, the EU issued Directive 2009/31/EC which
establishes a legal framework for stimulating / regulating the environmentally safe
and permanent storage of carbon dioxide (CO2). The Directive is accessible at:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:140:0114:0135:EN:PDF
and MS are to transpose its provisions into national law by 25 June 2011.
EDU has created a dedicated page on the DECC Oil & Gas website to cover
recent developments in relation to Carbon Storage Licensing (as well as those
pertaining to Gas Storage). The page can be accessed at:
https://www.og.decc.gov.uk/regulation/index.htm.
Current Position:
The EU has published a brochure which provides information on the six CCS
demonstration projects granted financial assistance by the European Energy
Programme for Recovery - see further details at:
http://ec.europa.eu/energy/publications/doc/2010_eepr_brochure_co2_en.pdf.
Next Steps:
(a) MS are to endorse amendments to the OSPAR convention to legalise the
geological storage of CO2. The text (based on an EU proposal - available at:
http://register.consilium.europa.eu/pdf/en/09/st16/st16223-re02.en09.pdf) will be
approved by justice ministers and then ratified by OSPAR signatories in
September 2010.
(b) UK Carbon Storage Regulations are likely to enter force in Summer 2010.
(c) EU to review the CCS Directive by 30 June 2015.
DECC / EDU Focal Point: Kevin O’Carroll / Ricki Kiff
[Link to details in Contacts Matrix]
[Back to Contents Page]
Chemicals Policy - REACH
[Regulation (EC) No. 1907/2006]
Background: On 1 June 2007, REACH entered into force (text at: http://eur-
lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2007:136:0003:0280:EN:PDF).
Regulation requires Registration over 11 years of some 30,000 chemical
substances. Management of the Regulation’s requirements at EU level will be
handled by the European Chemicals Agency (ECHA). Day-to-day operation of
REACH in each MS is overseen by their Competent Authorities (CAs). In the UK,
the CA is provided by HSE which is working with Defra / other Government Depts /
Page 4 of 26
Agencies on enforcement aspects. EDU has an offshore enforcement role. HSE is
contactable at: UKREACHCA@hse.gsi.gov.uk.
On 1 December 2008, the REACH Enforcement Regulations 2008 entered into
force. The UK Regulations (together with an overview of enforcement offshore)
plus a REACH Guidance document for the offshore oil / gas sector can be
accessed at: https://www.og.decc.gov.uk/environment/reach/reach.htm (the Guidance
document is to be revised during May / June 2010 and will reflect the latest
position on the developments outlined in item (b) under `Next Steps’ below). The
notes of EDU REACH Working Group meetings plus previous stakeholder updates
are also available from: https://www.og.decc.gov.uk/environment/reach/reach_wg.htm.
The document below sets out the remaining deadlines for REACH implementation.
Since the entry into force of the REACH Regulation, a number of supplementary
legislation has been issued - details on these (including proposed revisions and
expected new measures) - are provided in the enclosed document.
Details of REACH guidance from the ECHA and other sources are outlined in the
document below.
Current Position:
EDU is in the process of preparing a Consequential Order which will apply the
requirements of the REACH Enforcement Regulations and Offshore Chemicals
Regulations 2002 to offshore CCS and gas unloading / storage activities (see
item (a) under `Next Steps’).
The ECHA has launched a consultation seeking views on proposals for testing
substances on vertebrate animals, so as to obtain information on the toxic
effects of such substances as required under the REACH Regulation. The
consultation - with closing dates of 24 May 2010 (for pentasodium triphosphate
and 11-amioundecanoic acid), 10 June 2010 (for ethanaminium, 2-hydroxy-N-
(2-hydroxyethyl)-N,N-dimethyl-, esters with C16-18 and C18 unsaturated fatty
acids, chlorides), 18 June 2010 (for 12-hydroxyoctadecanoic acid, reaction
products with 1,3-benezenedimethanamine and hexamethylenediamine) and
25 June 2010 (for C8-C26 branched and linear hydrocarbons – distillates) - is
Page 5 of 26
accessible from:
http://echa.europa.eu/consultations/test_proposals/test_prop_cons_en.asp).
The ECHA also recently published a list which identified substances that
companies intend to Register under the REACH Regulation in 2010, based on
feedback received and Registrations already submitted. The list (accessible at:
http://echa.europa.eu/doc/echa_chem/list_identified_registrations_2010.pdf ) is
intended to give downstream users, manufacturers and importers the
opportunity to check that Registrations are being prepared for substances that
need to be Registered in 2010. Substances that are not Registered, if required
by the end of 2010, cannot legally be manufactured, imported or used within
the EU after 1 December 2010.
In May 2010, the EU held a workshop to discuss the results of the recent study
on the risks associated with the use of Perfluorooctanoic acid (PFOA) and
Ammonium Perfluorooctanoate (APFO) - the study is at:
http://ec.europa.eu/enterprise/sectors/chemicals/files/docs_studies/final_report_pfoa_p
fos_en.pdf. Following an assessment of the workshop’s conclusions, the EU
will decide whether any further action is required.
The OECD has published a report (details at:
http://www.oecd.org/document/23/0,3343,en_2649_34365_44983063_1_1_1_37465,0
0.html) analysing its system for assessing and managing chemicals and
describing the benefits of developing new test methods and guidelines on
assessing the risks of new / presently used industrial chemicals, and on
harmonised chemical classification and labelling.
In March 2010, the EU issued a consultation seeking views on the scope of the
REACH Regulation so as to assess whether any amendments are required to
avoid overlaps with other relevant EU provisions. The consultation is accessible
at: http://www.reachscope.eu/ and the closing date for responses is 1 December
2010.
Next Steps:
(a) Consequential Order is expected to enter into force in the second-half of 2010.
(b) A second REACH Intersessional Correspondence Group (ICG) meeting was
held on 6 October 2009 to take forward ideas discussed at the first meeting (28 -
29 May) on potential options for harmonising OSPAR chemical procedures with
REACH. Following these meetings, the UK (on behalf of the ICG-REACH)
submitted three papers to OIC 2010 that will more closely align the OSPAR
chemical management regime with the EU REACH Regulation. Following
modifications, all three papers (two Recommendations and one set of Guidelines)
were accepted by OIC and will hopefully be endorsed by the OSPAR Commission
in September 2010. The two Recommendations are: Recommendation 2010/X
Revised Harmonised Pre-Screening Scheme (HMCS) and 2010/X Revised
Harmonised Offshore Chemical Notification Format (HOCNF) - however, these will
not be the exact titles. A document containing revised Guidelines for filling out an
HOCNF was also approved by OIC 2010. If endorsed by the OSPAR Commission
the new Recommendations will come into effect in January 2011. The two draft
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Recommendations and Guidelines will be included in an updated version of the
REACH Industry Guidance document which should be made available in June
2010.
(c) In 2012, the EU will undertake an evaluation to assess whether to amend
REACH to avoid overlaps with other EU legislation.
(d) The EU also has to complete another assessment (and report to the Council by
early 2012) on how and whether relevant existing EU legislation adequately
addresses risks from the combination effects of substances (including endocrine
disruptors) and make recommendations on any changes that might be needed.
DECC / EDU Focal Point: David Foskett
[Link to details in Contacts Matrix]
[Back to Contents Page]
Emissions Trading System (EU-ETS)
[Revised Directive 2009/29/EC]
Background: Directive 2003/87/EC came into force in October 2003, introducing
an emissions trading scheme for industrial sectors across the EU from 1 January
2005. Under Phase 2 (2008-2012) only CO2 emissions are covered.
On 23 April 2009, the EU issued Directive 2009/29/EC which revises the EU-ETS
for the third-phase. The Directive is accessible at: http://eur-
lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:140:0063:0087:EN:PDF and MS
are to transpose the revised Directive into national law by 31 December 2012
(however, provisions concerning the `Adjustment of the EU-wide quantity of
allowances’ and `National implementation measures’ had to be implemented by 31
December 2009).
On 31 December 2009, the Greenhouse Gas Emissions Data and National
Implementation Measures Regulations 2009 entered into force. The Regulations
(details at: http://www.opsi.gov.uk/si/si2009/pdf/uksi_20093130_en.pdf) impose
obligations on: (i) operators of installations that will be introduced into the EU-ETS
in Phase III (which starts on 1 January 2013) to submit greenhouse gas (GHG)
emissions data to the regulator, and (ii) operators who are entitled to free EU-ETS
allowances to submit production and other data to the regulator (by 30 April 2010).
The Carbon Accounting (Amendment) Regulations 2009 (available from:
http://www.opsi.gov.uk/si/si2009/pdf/uksi_20093146_en.pdf) entered into force on 1
January 2010. The Regulations amend an error in Regulation 6 of the Carbon
Accounting Regulations 2009 to ensure that the annual amounts of carbon units
add up to the UK allocation (to be credited or debited from the net UK carbon
account each year) under the EU-ETS for the 2008-2012 period.
The Community Emissions Trading Scheme (Auctioning of Allowances) (No2)
Scheme 2009 (details at: http://www.hm-treasury.gov.uk/d/euetsscheme140909.pdf)
Page 7 of 26
entered into force on 14 September 2009. The Scheme sets out the conduct and
terms of the allocation of allowances in the UK’s auctions in Phase II of the EU-
ETS and provides for both competitive and non-competitive bids. The Scheme
revokes and replaces the Community Emissions Trading Scheme (Auctioning of
Allowances) Scheme 2009.
A Consolidated version of the UK Greenhouse Gas Emissions Trading Scheme
2002 (as of January 2010) has been published (details at:
http://www.decc.gov.uk/en/content/cms/what_we_do/change_energy/tackling_clima/ccas/
uk_ets/uk_ets.aspx) which sets out rules regarding the use of the UK Emissions
Trading Scheme (UK-ETS). Although the UK-ETS closed to Direct Participants at
the end of Phase I (December 2006), the Scheme continues to operate for holders
of Climate Change Agreements.
Current Position:
EDU is in the process of preparing a Consequential Order which will apply the
requirements of the Greenhouse Gas Emission Trading Scheme Regulations
to offshore CCS and gas unloading / storage activities (see item (a) under
`Next Steps’).
In April 2010, the EU issued:
(i) A draft proposal on the timing, administration and other aspects of
auctioning EU-ETS allowances from 2013 (under Phase III). Under the draft
proposals (available at:
http://ec.europa.eu/environment/climat/emission/pdf/proposed_auctioning_reg.pdf ),
MS will be allowed to opt out of a single EU platform for auctioning CO2
allowances. Any MS not participating in the single EU platform for auctioning
allowances will be required to inform the EU accordingly. MS setting up their
own auctioning platforms will have to take account of any EU opinions, but
ultimately they will be able to put forward their own proposals for when, how
many and in what form CO2 allowances are auctioned.
(ii) A draft Regulation for a standardised and secured system of registries
(details on the draft Regulation are at:
http://ec.europa.eu/environment/climat/emission/pdf/regreg_iv_final_consolid_100416.
pdf). The proposed Regulation will set out general (as well as operational and
maintenance) requirements for a standardised and secured system of
greenhouse gas emission registries (incorporating the independent transaction
log provided for under the EU-ETS), along with a system for communication
between the registries and the independent transaction log established,
operated and maintained by the Secretariat to the United Nations Framework
Convention on Climate Change (UNFCCC). The Regulation is expected to be
adopted / enter into force during Summer 2010 (a previous version of the draft
Regulation was published in February 2010).
The EA has recently published guidance outlining frequently asked questions
and responses relating to the completion of the EU-ETS Phase III baseline
data collection template (as published in February 2010, alongside guidance on
baseline data collection), which installations new to the EU-ETS for Phase III
Page 8 of 26
needed to complete by 30 April 2010 (so as to provide historic verified
emissions data for the years 2005 to 2008). Guidance is at:
http://www.environment-
agency.gov.uk/static/documents/Business/FAQ_Phase_3_%28V2%29_15042010.pdf.
Next Steps:
(a) Consequential Order is expected to enter into force in the second-half of 2010.
(b) EU to issue during 2010 legislative proposals relating to: (i) implementing
measures for the free allocation of ETS allowances (see further details on all
`auctioning’ aspects of the EU-ETS at:
http://ec.europa.eu/environment/climat/emission/auctioning_en.htm);
(ii) harmonisation rules for the application of the definition of `New Entrant’ in the
EU-ETS; (iii) the exact quantity of credits that should be allocated under the CDM;
and (iv) the monitoring and reporting of emissions under the EU-ETS’s third phase.
(c) EU to issue a report - during 2010 - on the outcomes of the negotiations for an
international climate change agreement in Copenhagen (December 2009). Report
may be accompanied by proposals on further emissions reductions under the EU-
ETS as a result of the `Copenhagen Accord’ and any agreements that are
reached following subsequent negotiations for a globally binding climate deal.
(d) EU to issue during December 2011 proposals for a Regulation concerning the
verification of emissions reported under Phase III of the EU-ETS.
DECC / EDU Focal Point: Graeme Cobb
[Link to details in Contacts Matrix]
[Back to Contents Page]
Environmental Liability Directive (ELD)
[Directive 2004/35/EC]
Background: In April 2004, the ELD entered into force. It aims to prevent
imminent threats of environmental damage and ensure complementary /
compensatory remediation for significant environmental damage.
On 1 April 2010, the Environmental Damage (Prevention and Remediation)
(Amendment) Regulations 2010 (at:
http://www.opsi.gov.uk/si/si2010/pdf/uksi_20100587_en.pdf) entered into force. The
Regulations amend the Environmental Damage (Prevention and Remediation)
(Amendment) Regulations 2009 (available at:
http://www.opsi.gov.uk/si/si2009/pdf/uksi_20093275_en.pdf) so that Scottish Ministers
have responsibility for enforcing the prevention and remediation of environmental
damage in the Scottish offshore region when there is significant damage to species
and habitats. The Secretary of State (via EDU) will, however, remain responsible
for enforcing the prevention / remediation of damage caused by oil, gas and CO2
storage activities.
Page 9 of 26
On 6 May 2009, the Damage (Prevention and Remediation) (Wales) Regulations
2009 (at: http://www.opsi.gov.uk/legislation/wales/wsi2009/pdf/wsi_20090995_mi.pdf )
entered into force (the scope of the Regulations extend out to I nm). Defra has also
published revised guidance on the Environmental Damage (Prevention and
Remediation) Regulations - the guidance (for England and Wales) is at:
http://www.defra.gov.uk/environment/policy/liability/pdf/indepth-guide-regs09.pdf.
On 24 June 2009, the Environment Liability (Scotland) Regulations 2009 (at:
http://www.opsi.gov.uk/legislation/scotland/ssi2009/pdf/ssi_20090266_en.pdf ) entered
into force. The Regulations impose obligations on operators of economic activities
in Scotland which requires them to prevent, limit or remediate serious
environmental damage. Where environmental damage has occurred, these
Regulations introduce procedures for the establishment of appropriate remedial
measures (including primary, complementary and compensatory measures), and
are intended to complement existing legislation concerning environmental damage.
On 24 July 2009, the Environmental Liability (Prevention and Remediation)
Regulations (Northern Ireland) 2009 entered into force. These Regulations have
been amended by the Environmental Liability (Prevention and Remediation)
Regulations (Northern Ireland) 2009 which entered force on 14 December 2009
(details at: http://www.opsi.gov.uk/sr/sr2009/pdf/nisr_20090361_en.pdf). Amended
Regulations make it clear that references in Schedule 2 to the ELD Directive
include changes to that instrument.
Next Steps:
EDU to continue assessing the potential impacts of national ELD Regulations on
all existing as well as future offshore related activities.
DECC / EDU Focal Point: Tony Regnier
[Link to details in Contacts Matrix]
[Back to Contents Page]
European Pollutant Release and Transfer Register (E-PRTR)
[Regulation (EC) No. 166/2006]
Background: In February 2006, the E-PRTR Regulation entered into force. It
covers over 90 pollutants from industrial facilities. MS to annually report emissions
and off-site waste transfers. In line with the UN-ECE Protocol on PRTRs, the UK
has developed a publicly accessible national PRTR (the `UK-PRTR’) for capturing
emissions data. Combustion plant <50MWth capacity is not covered by the E-
PRTR Regulation (or UN-ECE Protocol).
On 29 April 2009, Defra launched the UK-PRTR site - http://prtr.defra.gov.uk/ (data
for 2007 from eligible offshore installations was included). The UK’s first data-set
for the E-PRTR was submitted to the Commission in mid-2009. On 9 November
2009, the EU E-PRTR went live - http://prtr.ec.europa.eu/Home.aspx (as of 2010 the
data available on the E-PRTR will be updated annually in April of each year).
Page 10 of 26
Current Position:
On 8 April 2010, the UK-PRTR data relating to 2008 emissions / discharges
from UK industrial facilities (including offshore installations 50MWth +) went
live.
In March 2010, EDU submitted to SEPA the offshore E-PRTR (2008) return
(based on adjustments to the format of the UK-PRTR (2008) return) for onward
transmission to the EU (see item (a) under `Next Steps).
Next Steps:
(a) E-PRTR data for 2008 is expected to be made available during Summer 2010.
(b) EDU to start preparations - probably during the third quarter of 2010 - for the
next UK-PRTR / E-PRTR returns on data concerning 2009 emissions, discharges
and waste transfers from relevant offshore installations.
DECC / EDU Focal Point: David Foskett
[Link to details in Contacts Matrix]
[Back to Contents Page]
Fluorinated Greenhouse Gases Regulation
[Regulation (EC) No. 842/2006]
and
Ozone-Depleting Substances (ODS) Regulation
[Regulation (EC) No. 1005/2009]
Background: In July 2006, the EU F-Gases Regulation entered into force. It aims
to prevent / minimise emissions of hydrofluorocarbons (HFCs), perfluorocarbons
(PFCs) and sulphur hexafluoride (SF6) from refrigeration, air condition units, high
voltage switchgear, heat pumps and fire-protection systems. As well as provisions
for suppliers of equipment, there are obligations on users relating to the
containment of F-gases (i.e. via leakage checking).
On 9 March 2009, the GB Fluorinated Greenhouse Gases Regulations 2009 and
the GB ODS (Qualifications) Regulations 2009 entered into force (revoking the
respective 2008 Regulations). These Regulations (accessible from:
https://www.og.decc.gov.uk/environment/F-Gas2009.pdf and
http://www.opsi.gov.uk/si/si2009/pdf/uksi_20090216_en.pdf) enforce - as appropriate -
additional aspects of supplemental EU Regulations (issued in December 2007 and
April 2008) on: (i) leaking checking / labelling standards for F-gas containing
equipment; (ii) the certification of companies that service / maintain F-gas
containing equipment; and (iii) qualification / certification requirements for
personnel handling and recovering both F-gases and ODS from equipment (details
on the supplementary Regulations can be found at:
http://ec.europa.eu/environment/climat/fluor/actions_en.htm). The GB Environmental
Protection (Controls on Ozone-Depleting Substances) (Amendment) Regulations
2008 (available from: https://www.og.decc.gov.uk/environment/ODSRegs2008.pdf ) will
be replaced in 2010 by amended Regulations which will enforce the obligations of
Page 11 of 26
the new EU ODS Regulation (EC) No. 1005/2009 (see item (a) under `Next
Steps’).
On 12 May 2009, the F-Gases Regulations (Northern Ireland) 2009 entered into
force (Regulations at: http://www.opsi.gov.uk/sr/sr2009/pdf/nisr_20090184_en.pdf). The
NI Regulations will also apply to any offshore installations (along the same lines as
the GB F-Gases Regulations) that may (in the future) be located in NI waters.
EDU has placed on DECC’s Oil & Gas website industry guidance documents on
the EU F-Gases and ODS Regulations - latest versions are available at:
https://www.og.decc.gov.uk/environment/F-Gas.htm and
https://www.og.decc.gov.uk/environment/ods.htm. F-Gas Support has produced
information sheets on all aspects of the F-Gases and ODS Regulations, which are
accessible from: http://www.defra.gov.uk/environment/quality/air/fgas/sectors/index.htm.
More generic Government guidance can be found at:
http://www.bis.gov.uk/policies/business-sectors/environmental-and-technical-
regulations/fluorinated-greenhouse-gases and
http://www.defra.gov.uk/environment/quality/air/ozone/protection/ec-regulation.htm.
Current Position:
EDU is in the process of preparing a Consequential Order which will apply the
provisions of the GB F-Gases Regulations 2009 to offshore installations
involved in Carbon Capture and Storage (CCS) and gas unloading / storage
(GUS) activities (see item (b) under `Next Steps’). However, EDU would not be
the competent authority for enforcing the provisions of the NI F-Gases
Regulations 2009 on any offshore installations undertaking CCS and GUS
activities that might be positioned in Northern Ireland’s territorial waters (this
responsibility would fall to the Department of the Environment in Northern
Ireland (DOE NI)), so these specific Regulations will not be included in the
impending Consequential Order.
On 21 April 2010, the DOE NI launched a consultation on proposed
Regulations for enforcing the obligations of the EU ODS Regulation (EC) No.
1005/2009. The consultation is at:
http://www.doeni.gov.uk/index/protect_the_environment/local_environmental_issues/ai
r_and_environmental_quality/ozone_depleting_substances.htm and the closing date
for comments is 16 September 2010. The proposed NI ODS Regulations 2010
will cover any offshore installations (including those undertaking CCS and GUS
activities) that may, in the future, be located in NI territorial waters.
Proposals for the revised Annex VI (critical use exemptions) to the EU ODS
Regulation (EC) No. 1005/2009 were formally adopted on 23 March 2010. The
revised Annex is expected to enter into force in September or early October
2010 and will subsequently replace the current Annex VI.
Next Steps:
(a) The GB ODS Regulations 2010 (which will cover offshore installations involved
in oil / gas, CCS and GUS activities) may enter force in Autumn 2010. The laying
of these Regulations before Parliament has been delayed so that they can cover
the revised Annex VI to the EU ODS Regulation, once the Annex enters force later
Page 12 of 26
this year (see `third bullet point’ under `Current Position’ above). Otherwise, if the
current proposed GB ODS Regulations entered into force in June as originally
planned, then new amending Regulations would be required soon after.
(b) The Consequential Order - covering the GB F-Gases Regulations 2009 - is
expected to enter into force in the Summer of 2010.
(c) The NI ODS Regulations are expected to enter into force by the end of 2010.
(d) By 4 July 2011, the EU will issue a report on MS enforcement of the F-Gases
Regulation (EU may present proposals for revising certain provisions - which are
likely to be influenced by negotiations on the international phase-down of HFCs).
DECC / EDU Focal Point: David Foskett
[Link to details in Contacts Matrix]
[Back to Contents Page]
INSPIRE – Spatial Information for Europe
[Directive 2007/2/EC]
Background: INSPIRE Directive entered force on 15 May 2007. It aims to improve
the availability of EU geographical data for environmental policy making, by
requiring MS to put data on publicly accessible networks.
On 31 December 2009, the INSPIRE Regulations 2009 entered into force. The
Regulations (at: http://www.opsi.gov.uk/si/si2009/pdf/uksi_20093157_en.pdf) transpose
certain provisions of the INSPIRE Directive into UK law, in order to: (i) improve the
joining up of, and access to, location-based data across the EU at a local, regional,
national and international level; (ii) facilitate improvements in the sharing of such
information between public authorities in the UK; and (iii) provide improved public
access to such data - so as to inform policies and activities that may have an
impact on the environment. The INSPIRE (Scotland) Regulations 2009 (available
at: http://www.opsi.gov.uk/legislation/scotland/ssi2009/pdf/ssi_20090440_en.pdf) also
entered into force on 31 December 2009.
Current Position:
The EU is expected to adopt additional measures (details at:
http://inspire.jrc.ec.europa.eu/index.cfm/pageid/47) in relation to:
Article 7 - interoperability of spatial data sets / services. EU to prepare
guidance on developing INSPIRE data specifications (to be adopted in
Autumn 2010).
Article 17 (Data Sharing) - adoption of proposal likely in first-half of
2010.
Next Steps:
(a) EDU to establish how information pertaining to the offshore energy sector -
such as marine environmental data (obtained via the Marine Environmental Data
Page 13 of 26
and Information Network (MEDIN)) and other wider aspects - should be effectively
integrated into the UK’s existing and future INSPIRE implementation plans.
(b) EU to issue in 2010 a proposal for the development of a Shared Environmental
Information System (details at: http://ec.europa.eu/environment/seis/how.htm) and
linking it with the INSPIRE Directive.
DECC / EDU Focal Point: Kevin O’Carroll
[Link to details in Contacts Matrix]
[Back to Contents Page]
Integrated Pollution Prevention and Control (IPPC) Directive
Proposal for Amendments
[Directive 2008/1/EC (codified)]
Background: In December 2007, the EU issued a proposal to revise the IPPC
Directive (proposal at:
http://ec.europa.eu/environment/air/pollutants/stationary/ippc/proposal.htm). Key changes
are: (i) merging IPPC with other Directives; (ii) introducing stricter emission limits;
and (iii) establishing new requirements for plant inspections and permit reviews.
Current Position:
EDU is in the process of preparing a Consequential Order which will apply the
requirements of the Offshore IPPC Regulations to offshore CCS and gas
unloading / storage activities (see item (a) under `Next Steps’).
Common Position on revised IPPC Directive reached at Council in February
2010 (text is at: http://register.consilium.europa.eu/pdf/en/09/st11/st11962-
re02.en09.pdf). EU’s reaction to the Common Position is available from:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2010:0067:FIN:EN:PDF.
Next Steps:
(a) Consequential Order is expected to enter into force in the second-half of 2010.
(b) EDU to continue attending Defra chaired meetings on IPPC revision process.
(c) Amended IPPC Directive to be adopted at the end of 2010, with application to
new installations in 2012 and application to existing installations in January 2014.
(d) EU to review by 30 December 2012 the IPPC thresholds for combustion plants.
DECC / EDU Focal Point: Graeme Cobb
[Link to details in Contacts Matrix]
[Back to Contents Page]
Page 14 of 26
Marine Environment Thematic Strategy Directive (MSD)
[Directive 2008/56/EC]
Background: On 15 July 2008, the MSD (available at: http://eur-
lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:164:0019:0040:EN:PDF) entered
into force. Directive aims to conserve marine ecosystems and promote the
sustainable use of the seas by establishing a framework within which MS are to
take measures to achieve / maintain good environmental status (GES) in the
marine environment by 2020. Measures include the development (by 2015) and
implementation (by 2016) of strategies that take an eco-system based approach to
managing activities. MS to transpose MSD into national law by 15 July 2010.
In November 2008, the EU proposed a set of common principles for maritime
spatial planning (details at:
http://europa.eu/rapid/pressReleasesAction.do?reference=IP/08/1767&format=HTML&age
d=0&language=EN&guiLanguage=en). Paper indicates how MS should plan the full
range of marine activities. Key principles outlined include the need for MS to:
(i) define planning objectives; (ii) develop the maritime area transparently;
(iii) tailor planning according to activity type; and (iv) ensure planning creates a
legally binding framework.
Current Position:
The Scottish Government recently published a report for a Scottish Marine Plan
(details at: http://www.scotland.gov.uk/Resource/Doc/308369/0097119.pdf ) setting out
the development of national marine policies which take into account: (i) the links /
balances between environmental, social and economic issues; and (ii) the
priorities for the sustainable use, development, management and protection of
Scotland’s marine and coastal resources to maximise the health of the marine
ecosystem for the seas which Scotland depends on or operates within.
Next Steps:
(a) UK Regulations implementing the MSD to enter into force on 15 July 2010.
(b) The EU is preparing a Decision (to be issued during the second-half of 2010)
on the criteria for 'Good Environmental Status’ as required by the MSD.
(c) EDU to maintain contact with Defra / Oil & Gas UK on MSD implementation.
DECC / EDU Focal Point: Kevin O’Carroll
[Link to details in Contacts Matrix]
[Back to Contents Page]
Page 15 of 26
Mercury Strategy
[COM(2005)20final]
Banning of Exports and the Safe Storage of Metallic Mercury
[Regulation (EC) No 1102/2008]]
Background: Strategy (adopted in June 2005) aims to protect human health and
the environment from releases of mercury. On 14 November 2008, the EU
Regulation on the banning of exports and safe storage of metallic mercury was
published (details of Regulation at: http://eur-
lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:304:0075:0079:EN:PDF). The
Regulation bans - from 15 March 2011 - EU exports of metallic mercury (Hg),
cinnabar ore, mercury (I) chloride (Hg2Cl2), mercury (II) oxide (HgO) and mixtures
of metallic mercury with other substances (including alloys of mercury with a
mercury concentration of at least 95% weight by weight). In addition, there are
provisions for the temporary and permanent `safe storage’ of mercury gained from
operations such as the cleaning of natural gas.
Defra (lead Government Department) contacted Oil & Gas UK in May 2009 for
details on the amount of mercury from offshore oil / gas installations that may
require storage once the export ban begins in 2011 and to ascertain what the
corresponding costs might be. Oil & Gas UK subsequently confirmed to Defra that
having received responses from a good number of its member companies, they
had not been made aware of any Operators in the upstream industry that were
currently storing or exporting mercury. Therefore, the key obligations on the
offshore industry are likely to concern the reporting of amounts of mercury that
may be gained via the `cleaning of natural gas’ and which is sent to shore for
disposal (should any mercury obtained via the above process be sent by offshore
Operators to shore for disposal, then the vendor taking delivery of the mercury
would be responsible for complying with the export ban / ensuring its safe storage).
On 8 March 2010, the Mercury Export and Data (Enforcement) Regulations 2010
(at: https://www.og.decc.gov.uk/en_temp/mercury.htm) entered into force (however,
the obligations relating to prohibitions on `mercury exports’ / `mixing of mercury
with other substances for export purposes’ come into force on 15 March 2011; and
the obligations on the `reporting of data by importers / exporters of mercury’ enter
force on 1 July 2012). The Regulations apply (as appropriate) to offshore
installations. Defra guidance on the Regulations is also available from:
http://www.defra.gov.uk/environment/quality/chemicals/documents/mercury-export-data-
regs.pdf.
Current Position
A recent report commissioned by the EU and written by the Consultancy for
Integrated Solutions (BiPRO) examines facilities for the storage and disposal of
metallic mercury. The report (available at:
http://ec.europa.eu/environment/chemicals/mercury/pdf/bipro_study20100416.pdf ) is
published alongside extended summaries on: (i) possible storage options for liquid
and solidified mercury; (ii) the corresponding acceptance criteria and facility
related requirements; and (iii) pre-treatment technologies for metallic mercury. The
report concludes that salt mines are the most cost effective location for storing
metallic mercury (see item (c) under `Next Steps’).
Page 16 of 26
Next Steps
(a) EDU to liaise with Oil & Gas UK / Operators regards the effective enforcement
offshore of the relevant provisions of the UK Mercury Regulations - see item (b)
below.
(b) EDU to also prepare in May 2010 specific guidance for offshore Operators
highlighting the key obligations that they will need to comply with to meet the UK
Mercury Regulation’s requirements (this includes the submission of annual reports
to the Commission (copying to EDU) which cover: (i) any quantities of mercury
gained from the cleaning of natural gas, and (ii) any quantities of mercury that are
sent to onshore storage / disposal facilities).
(c) Towards the end of 2010, Defra will aim to introduce Regulations to enforce the
EU Mercury Regulation’s requirements on the safe storage of metallic mercury.
(d) The EU is currently undertaking a review of the Community Strategy
Concerning Mercury (adopted in 2005) and will publish a report at the end of 2010.
The review will take into account measures that have been put in place by MS as
well as any developments on the UN’s proposals for a globally binding instrument
on mercury. On the basis of that report, the EU may propose a revision to the EU
Mercury Regulation by 15 March 2013.
DECC / EDU Focal Point: David Foskett
[Link to details in Contacts Matrix]
[Back to Contents Page]
Natura 2000 Network
[Habitats Directive 92/43 EEC]
Background: As required under the Habitats Directive, Natura 2000 is a network
of sites designated for protection by MS. The EU’s plan to halt biodiversity loss -
COM(2006)216 final (available at: http://eur-
lex.europa.eu/LexUriServ/site/en/com/2006/com2006_0216en01.pdf) stressed the need
for effective implementation of the Natura 2000 Network and extending it to the
wider marine environment.
On 1 April 2010, the Offshore Marine Conservation (Natural Habitats)
(Amendment) Regulations 2010 (at:
http://www.opsi.gov.uk/si/si2010/pdf/uksi_20100491_en.pdf) entered into force. The
Regulations amend the existing Offshore Marine Conservation (Natural Habitats)
Regulations so that: (i) functions relevant to marine conservation can be exercised
in compliance with the requirements of the EU Habitats Directive, and (ii) certain
marine nature conservation functions in the Scottish offshore region are devolved
to Scottish Ministers. The Offshore Petroleum Activities (Conservation of Habitats)
(Amendment) Regulations 2007 are at:
http://www.opsi.gov.uk/si/si2007/uksi_20070077_en_1.
Page 17 of 26
Current Position:
EDU is in the process of preparing a Consequential Order which will apply the
provisions of the Offshore Marine Conservation (Natural Habitats) Regulations
and the Offshore Petroleum Activities (Conservation of Habitats) Regulations to
offshore CCS and gas unloading / storage activities (see `Next Steps’ below).
JNCC is still determining the potential boundaries for another candidate SAC -
Dogger Bank.
Next Steps:
Consequential Order is expected to enter into force during the second-half of 2010.
DECC / EDU Focal Point: Kevin O’Carroll
[Link to details in Contacts Matrix]
[Back to Contents Page]
Persistent Organic Pollutants (POPs) Regulation
[Regulation (EC) No. 850/2004]
Background: In May 2004, the POPs Regulation entered into force. The UK has
to record releases of substances including dioxins, furans, PCBs and PAHs and
draw up plans to reduce emissions. Regulation also contains an exemption for
equipment containing PCBs, the use of which is permitted until 2010. By way of
derogation, equipment with PCBs between 50ppm and 500ppm can be disposed of
at the end of its useful life. In line with Article 7, Regulation (EC) No. 1195/2006
amending Annex IV was issued in July 2006. It sets limits for POPs in waste of 50
mg/kg. In March 2007, Regulation (EC) No. 323/2007 amending Annex V
(derogation limits for POPs in waste) was issued. Regulations are at: http://eur-
lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2006:217:0001:0003:EN:PDF and
http://eur-
lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2007:085:0003:0004:EN:PDF.
Operators are to undertake shipments of waste (containing POPs substances) to
shore in line with any EA / SEPA guidance.
Current Position:
One operator to submit data on the re-sampling of PCBs in equipment.
Next Steps:
(a) The EU is expected to issue during the second-half of 2010, a draft Regulation
amending Annexes IV and V (waste provisions) to the POPs Regulation (proposals
may be formally adopted in September 2010).
(b) EDU to liaise with Oil & Gas UK on any future EU proposals on PAH `marine’
releases (which might impact on existing reduction measures under the Offshore
Petroleum Activities (Oil Pollution Prevention and Control) Regulations) and on the
anticipated amendments to Annexes IV and V of the POPs Regulation.
Page 18 of 26
DECC / EDU Focal Point: David Foskett
[Link to details in Contacts Matrix]
[Back to Contents Page]
Page 19 of 26
OTHER RELEVANT EU ISSUES – WHERE DECC / EDU HAS EITHER A
LIMITED OR NO DIRECT ENFORCEMENT ROLE
Prohibiting Organotin Compounds (TBT) on Ships
[Regulation (EC) No. 782/2003]
Background: Regulation entered into force in May 2003. Ships registered under
the flag of any MS were prevented from applying organotin-containing paint from 1
July 2003. In the second phase, from 1 January 2008, all MS ships were required
to remove remaining organotin paints from their hulls, or paint over them with
special sealant preventing contact with water. For fixed and floating platforms
(including FSUs / FPSOs), the provisions do not apply to those built prior to 1 July
2003 and which have not been in dry dock on or after that date. The global IMO
ban on TBT on ships entered into force on 17 September 2008. The EU Regulation
is considered to have been pivotal in securing implementation of the global law.
Current Position:
The Merchant Shipping (Anti-Fouling Systems) Regulations 2009 (available at:
http://www.opsi.gov.uk/si/si2009/pdf/uksi_20092796_en.pdf) - which sets out the
offences and penalties to enforce the requirements of the EU TBT Regulation in
the UK - entered into force on 1 December 2009. The MCA has also prepared a
Marine Information Note (MIN) regarding implementation of the EU TBT
Regulation - MIN is accessible at: http://www.mcga.gov.uk/c4mca/mcga-
mnotice.htm?textobjid=AA648363B275F4B5.
Oil & Gas UK consulted on EU Regulation (August 2002) and had no concerns.
DECC / EDU Focal Point: Craig Bunyan
[Link to details in Contacts Matrix]
[Back to Contents Page]
Batteries and Accumulators Directive
[Directive 2006/66/EC]
Background: The EU Directive on Batteries and Accumulators and Waste
Batteries and Accumulators is a `producer responsibility’ Directive which came into
force in September 2006 (Directive is at: http://eur-
lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2006:266:0001:0014:EN:PDF). The
Directive set new technical requirements affecting the design and manufacture of
all types of new batteries and accumulators (rechargeable batteries) and
requirements for their collection and recycling. Different technical and collection /
recycling requirements apply depending on whether the battery concerned is
defined as `portable’ or `industrial’.
Two sets of UK Regulations for implementing the Directive entered into force in
September 2008 and May 2009 - these Regulations (including associated
guidance) are accessible at:
Page 20 of 26
http://www.berr.gov.uk/whatwedo/sectors/sustainability/batteries/page30610.html.
Offshore Operators are to ensure that any industrial waste batteries and
accumulators are collected / transported to shore for disposal or recycling in
accordance with the regulatory guidance and any advice issued by the EA / SEPA.
Current Position:
The technical requirements in the 2008 Regulations already have effect for all
new batteries being placed on the UK market. Under the 2009 Regulations
(which address waste battery collection / recycling) most of the requirements
took effect from the beginning of 2010.
The EA has issued an updated briefing note (details at: http://www.environment-
agency.gov.uk/static/documents/Business/BatteriesDirective_FAQsv3_MArch_10_DR
AFT.pdf) setting out answers to a range of frequently asked questions on the
obligations under the Waste Batteries and Accumulators Regulations for those
who deal with batteries, place batteries onto the UK market, and who use
batteries but may not know how to dispose of them.
Next Steps:
(a) From 2010, in respect of `industrial’ batteries, the main requirement is that
producers of these batteries will have an obligation to collect waste industrial
batteries from their customers when supplying new ones (this is currently a
commonplace, but voluntary, part of the service that is provided to customers).
Underpinning this, there are further producer responsibility obligations to cover
instances where waste batteries arise, but replacements are not supplied.
(b) Also from 2010, producer responsibility requirements for the collection of waste
portable batteries take effect although these take a different form, recognising the
different ways in which these batteries are supplied / subsequently arise as waste.
(c) EU to issue during the second-half of 2010 a proposal for an amendment to
Annex III of the Batteries and Accumulators and Waste Batteries and
Accumulators Directive. The proposal would amend parts A and B of Annex III of
the Directive laying down among others things the methodology for the calculation
of recycling efficiencies, a description of minimum treatment standards for batteries
and accumulators, criterion for compliance, and criterion for the assessment of
recycling equivalency for the export of waste batteries / accumulators.
DECC / EDU Focal Point: David Foskett
[Link to details in Contacts Matrix]
[Back to Contents Page]
Waste Electrical and Electronic Equipment (WEEE) Directive
[Directive 2002/96/EC]
Background: WEEE Directive came into force in January 2003. Operators will be
responsible for the full costs of the waste disposal process where equipment
supplied before 13 August 2005 is sent to shore for disposal and there is no
Page 21 of 26
intention to replace it with products fulfilling a similar function. However, Operators
would not have to finance the disposal of waste where: (a) equipment was
supplied after 13 August 2005; or (b) equipment provided before that date is
replaced with similar products.
On 5 January 2009, EU Directive 2008/112/EC (details at: http://eur-
lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:345:0068:0074:EN:PDF) entered
into force. This amends the WEEE Directive in accordance with the revised
chemical classification, labelling and packaging (CLP) Regulation (see details on
CLP above under REACH - `Supplementary Regulations’ document). MS have to
apply the Directive’s provisions by 1 June 2010.
On 6 April 2010, the Waste Electrical and Electronic Equipment (Amendment)
Regulations 2010 were laid before Parliament. The Regulations (available at:
http://www.opsi.gov.uk/si/si2010/pdf/uksi_20101155_en.pdf) amend the Waste
Electrical and Electronic Equipment Regulations 2006 (as amended) and enter
into force on 1 June 2010, except for Regulation 2(3) which comes into force on 1
December 2010 and Regulation 2(4) which comes into force on 1 June 2015 - both
of which concern the definition of ‘dangerous substance or mixture’.
On 31 December 2009, the Waste Electrical and Electronic Equipment
(Amendment) (No.2) Regulations 2009 entered into force. The Regulations (details
at: http://www.opsi.gov.uk/si/si2009/pdf/uksi_20093216_en.pdf) amend the Waste
Electrical and Electronic Equipment (Amendment) Regulations 2009 so that details
of electrical and electronic equipment placed on the market for use by users other
than private households are reported annually.
Next Steps:
(a) EDU to continue monitoring developments and ensure Oil & Gas UK is alerted
to any potential impacts for the offshore oil / gas industry.
(b) EU proposals to overhaul the WEEE Directive are expected to be adopted
towards the end of 2010.
(c) The EU is also expected to issue - during the first-half of 2010 - a separate
Decision for amending Annex II to the WEEE Directive. Annex II sets out the
treatment requirements for components of electrical / electronic equipment waste
and includes a list of substances, preparations and components that have to be
removed from any separately collected WEEE.
(d) The EU will begin a full review of Recycling Directives in 2012. The EU’s aim
will be to simplify existing product specific legislation on waste such as the WEEE
Directive and ensure its coherence with the Waste Framework Directive (see WFD
below).
DECC / EDU Focal Point: David Foskett
[Link to details in Contacts Matrix]
[Back to Contents Page]
Page 22 of 26
Waste Prevention and Recycling Strategy
[COM(2005)666final]
and
Shipment of Waste Regulation
[Regulation (EC) No. 1013/2006]
Background: The European Commission proposed in December 2005 a Thematic
Strategy on the Prevention and Recycling of Waste. The Strategy included
revisions to the Waste Framework Directive (WFD). Proposed key changes to the
WFD involved: (i) simplifying existing legislation (i.e. the repeal of the Hazardous
Waste and Waste Oils Directives and the incorporation of the aspects of those
Directives that remain pertinent into the revised WFD); and (ii) the inclusion of a
definition of recycling.
On 22 November 2008, the EU published the definitive text of the revised Waste
Framework Directive 2008/98/EC - text can be accessed at: http://eur-
lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:312:0003:0030:EN:PDF. MS are
required to transpose the new WFD into national law by 12 December 2010. The
revised WFD lays down a five-step hierarchy of waste management options e.g.
waste prevention / re-use / recycling / recovery / safe disposal. Notions of
recovery, disposal, end of waste status and by-products are clarified. Conditions
for mixing hazardous waste are also defined.
In addition, the revised WFD contains provisions for the development by MS of
national waste prevention programmes to be implemented during December 2013.
The EU has also published guidance designed to assist both MS and other
interested parties with regard to waste prevention and resource efficiency, and
which clarifies important concepts relating to waste as well as outlining the relevant
policy framework. The guidance (details at:
http://ec.europa.eu/environment/waste/prevention/pdf/Waste%20Prevention_Handbook.pd
f) provides step-by-step guidelines on the development of a national waste
prevention programme. National waste prevention programmes are intended to
provide a coordinated national approach to waste prevention, outlining targets and
policies that aim to break the link between economic growth and the environmental
impacts of waste, with the overall goal of reducing and eliminating waste. Best
practices are highlighted throughout the guidance handbook.
(A) Current Position - WFD:
Offshore Operators are to undertake shipments of waste to shore for treatment
/ disposal in line with EA and SEPA guidance (see also section (B) below).
On 26 February 2010, the Scottish Government launched a consultation
seeking views on proposals to consolidate the Waste Management Licensing
Regulations 1994 in Scotland, so as to reduce regulatory burden and
streamline the licensing system. The consultation, with a closing date for
responses of 21 May 2010, is accessible at:
http://www.scotland.gov.uk/Resource/Doc/303702/0095195.pdf. In addition, the
consultation also outlines proposals for the transposition of the revised WFD
and amendments in respect to waste carriers. The consultation document
Page 23 of 26
includes two sets of draft Regulations - the Waste Management Licensing
(Scotland) Regulations 2010 and the Waste (Scotland) Regulations 2010 - and
is published alongside a response form.
The EU has published:
(i) a briefing examining life-cycle thinking and assessment for waste
management, which aims to provide an approach that identifies and
implements the best outcome for the environment (details at:
http://ec.europa.eu/environment/waste/publications/pdf/Making_Sust_Consump
tion.pdf); and
(ii) guidance (details at: http://lct.jrc.ec.europa.eu/pdf-directory/ILCD-
Handbook-General-guide-for-LCA-DETAIL-online-12March2010.pdf) providing
policy-makers and businesses with information on assessing the environmental
impact of products, with a view to promoting sustainable consumption and
production patterns and reducing environmental impacts.
(B) Current Position - Shipment of Waste Regulation (EC) No. 1013/2006:
[Defra has introduced legislation to implement Regulation (EC) No. 1013/2006 -
details at: http://www.defra.gov.uk/environment/waste/strategy/int-ship-controls.htm].
Defra has been in communications with appropriate Competent Authorities e.g.
EA / SEPA and EDU to discuss aspects associated with future management
and administration of the UK Transfrontier Shipment of Waste Regulations
1994. This may include the possibility of EDU adopting a regulatory role with
respect to aspects associated with inspection / enforcement of the Regulations
on offshore installations. EA / SEPA will most likely take the lead role for
issuing permits / approvals for all transfrontier shipments taking place and for
aspects associated with onshore inspection and enforcement.
The EU has issued the following supplementary legislation to the Waste
Shipment Regulation (EC) No 1013/2006:
(i) Regulation (EC) No. 967/2009 (details at: http://eur-
lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:271:0012:0016:EN:PDF)
concerning the export for recovery of specific waste to certain non-OECD
countries. The Regulation entered into force on 5 November 2009.
(ii) Regulation (EC) No. 308/2009 (details at: http://eur-
lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:097:0008:0011:EN:PDF)
amending Annexes IIIA and VI.
(iii) Regulation (EC) No. 669/2008 on Annex IC - movement documents (details
at: http://eur-
lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:188:0007:0015:EN:PDF); and
(iv) Regulation (EC) No. 740/2008 (amending Regulation (EC) No. 1418/2007)
on the rules for waste exporters when sending waste to non-OECD countries
Page 24 of 26
(details at: http://eur-
lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:201:0036:0044:EN:PDF).
Next Steps:
(a) EDU to continue liaising with Oil & Gas UK on the revised WFD and proposals
relating to the Waste Shipment Regulation, so that any requirements that may
impact on the way offshore waste is transported to shore for treatment / disposal
can be appropriately assessed.
(b) Consultancy report - due soon - will examine options (including the creation of
an EU Waste Agency) for improving waste law implementation.
(c) EU is expected to issue during the first-half of 2010 further proposals to update
Annexes III and IV to Regulation (EC) No 1013/2006 in order to ensure conformity
with OECD Decision (2008)156 on certain categories of waste shipments.
(d) EU is expected to issue during the second-half of 2010 proposals to amend
Annex IIIB to Regulation (EC) No 1013/2006. Proposals would aim to define the
waste that should be regarded as `green-listed’ for shipments within the EU only.
(e) In 2010, the EU is expected to finalise guidance on the contents of MS national
waste prevention programmes.
(f) EU is also planning to issue during 2010 proposals to align waste legislation
with the chemical classification, labelling and packaging (CLP) Regulation (see
details on CLP above under REACH - `Supplementary Regulations’ document).
(g) By the end of 2010, the EU is expected to issue:
(i) A proposed Decision on the application and calculation method concerning
recycling / recovery targets for specific waste streams (i.e. paper, metal, plastic
and glass) under the WFD.
(ii) A Communication reviewing the Thematic Strategy on waste prevention
and recycling (which sets out an EU work programme / targets to prevent waste
and encourage recycling in Europe). The review will assess progress on the
achievement of the objectives set out by the Strategy as well as progress on
waste prevention policies and the application of life-cycle thinking to waste
management processes.
DECC / EDU Focal Point: David Foskett
[Link to details in Contacts Matrix]
[Back to Contents Page]
Page 25 of 26
ANNEX 1
Contacts Matrix
For
`Important’ and `Other Relevant’ EU Issues
[Back to Contents Page]
Page 26 of 26
