EU and England environment law and policy calendar

Transcription

1 EU and England environment law and policy calendar

2 Outlook for 2005 Directive amending Directive 99/32/EC on sulphur content of marine fuels final adoption expected third quarter 2005 Directive 2004/42/CE on the limitation of VOCs due to the use of organic solvents in certain paints and varnishes final date for implementation by Member States 30 th October 2005 Directive on promotion of use of biofuels for transport due to be implemented into UK legislation in 2005 Directive implementing the UN s Globally Harmonised System (GHS) of and Labelling of Chemicals - to be proposed fourth quarter 2005 Regulation 648/2004 on detergents enters into force 8 th October 2005 Air Air Air Transport Chemicals safety Water Directive 2003/105 amending Directive 96/82/EC (Seveso II) on control of major accident hazards involving dangerous to be transposed into national legislation by 1 st July 2005 Commission Directive 30 th Adaptation to Technical Progress of Council Directive 67/548/EEC on the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous to be adopted fourth quarter 2005 Communication on renewable energy sources European Parliament Resolution expected 4-8 July 2005 Dangerous Dangerous Energy Directive on the indication by labelling of the consumption or preservation of energy and other resources by energy-using products expected to be proposed second half 2005 Energy

3 Outlook for 2005 Framework Directive on energy using products final adoption expected third quarter 2005 Energy Review of Regulation 2001/761/EC on EMAS expected to be proposed second quarter 2005 Regulation on fluorinated gases final adoption expected second half 2005 Environmental management Greenhouse gases Directive relating to emissions from air conditioning systems in motor vehicles and amending Council Directive 70/156/EEC final adoption expected second half of 2005 Directive 2004/101/EC amending Directive 2003/87 establishing a scheme for greenhouse gas emission allowance trading in respect of the Kyoto Protocol s project mechanisms implementation by 13 November 2005 Directive to restructure the tax bases of the annual circulation and registration taxes in order to make passenger car taxation more carbon dioxide efficient - expected to be proposed third quarter 2005 Proposal for a Directive on the protection of the environment through criminal law ECJ oral hearing expected 2005 Communication on the use of economic instruments in environment policy expected to be presented second quarter 2005 Greenhouse gases Greenhouse gases Greenhouse gases/transport Liability Miscellaneous

4 Outlook for 2005 Regulation on public participation, access to information and access to justice in Environmental matters to EU institutions and bodies - final adoption expected fourth quarter 2005 Pollution Prevention and Control (England and Wales) Regulations 2000 (SI 2000 No 1973) application deadline for I permits in England and Wales for Part A1 certain inorganic chemicals, chemical fertiliser production, certain waste incineration, certain waste disposal: 31 st August Proposal for Directive amending Directive 96/61/EC concerning integrated pollution prevention and control (I) expected to be proposed second quarter 2005 Report from the Commission to the European Parliament and Council on the implementation of Directive 96/61/EC on integrated pollution prevention and control (I) expected to be proposed first half 2005 Directive 2003/122/Euratom on Control of high activity sealed radioactive sources Deadline for transposition is 31 st December 2005 Directive on public purchasing of energy efficient and clean vehicles expected 2005 Miscellaneous Radioactive Transport Directive on Electrical and Electronic Equipment (WEEE) (2002/96/EC) provisions of Directive take effect on 13 th August 2005, including producers and products become subject to conditions and requirements; systems for take-back of WEEE from private households to be in place Animal By-Products Regulation (EC) No 1774/2002 transitional derogation for certain former foodstuffs expires on 31 st December 2005

5 Outlook for 2005 and Emissions Trading Act 2003 landfill permit trading begins 2005 Directive on management of waste from the extractive industries final adoption expected second half of 2005 Directive on bathing water quality Final adoption expected 2005 Water Review of priority hazardous in water - (review of Decision 2455/2001/EC); - Commission expected to propose June 2005 Communication on the Directive 79/409/EEC on the conservation of wild birds to be presented 1 st half of 2005 Water Dangerous Wildlife and habitats

6 Outlook for March st Merchant Shipping (Prevention of Pollution) (Drilling Rigs and Other Platforms) Order 2005 coming into force Marine 2 nd Review of the UK climate change programme closing date for responses Climate change 3 rd End-of-Life Vehicles (Producer Responsibility) Regulations 2005 in force 4 th Proposal from the European Commission for a LIFE+ Regulation closing date for responses Biodiversity 4 th Directive 75/439/EEC on waste oils: consultation document closing date for responses 7 th A consultation paper on the Landfill (England and Wales) Regulations 2005 closing date for responses 10 th Consultation on water company drought plans regulations closing date for responses Water 12 th Proposals for the genetically modified organisms (Contained Use) Amendment) Regulations 2005 closing date for responses GMOs

7 Outlook for March th Consultation on the Directive 91/689/EEC on hazardous waste closing date for responses 14 th Consultation on Fixed-Penalty (Litter and Dog Fouling)(Qualifying Functions) Receipts Regulations closing date for responses 18 th A consultation paper on the Framework Directive (the Landfill Directive) and the Management (England and Wales) Regulations 2005: closing date for responses 24 th Review of Part I of the Wildlife and Countryside Act 1981 (Eng, Wales) closing date for responses 31 st Consultation on changes to Strategy 2000, guidance on Municipal Management Strategies, and proposals for providing central data and forecasting advice closing date for responses 31 st Pollution Prevention and Control (England and Wales) Regulations 2000 (SI 2000 No 1973) application deadline for I permits in England and Wales for Part A1 recovery of waste, certain waste incineration and co-incineration, certain treatment of animal and vegetable matter and food industries and Part A2 waste incineration and co-incineration 31 st March st Incineration Regulations 2002 (SI 2980) under these regulations, all WIC incineration plants need to apply for a permit by 31 st March 2005 to continue to operate; the absolute compliance date for WID is 28 th December 2005 Wildlife & Habitats

8 Outlook for April st Pollution Prevention and Control (England and Wales) Regulations 2000 (SI 2000 No 1973) - processes move from air pollution control processes to LA (Part B installations): service stations/terminals, natural gas odorising, animal processes, glass manufacture including glass fibre reinforced plastic, vegetable processes, tar and bitumen, bulk chemical storage coming into force 1 st Environmental Protection the Landfill Allowances and Trading Scheme (England) Regulations 2004 coming into force 1 st Water Supply (Fluoridation Indemnities) (England) Regulations 2005 coming into force Water 1 st Water Fluoridation (Consultation)(England) Regulations 2005 coming into force Water 4 th Consultation on the draft code of practice and local authority guide on odour nuisance from sewage treatment works closing date for responses 8 th Consultation on proposals for new amending Regulations about the, Packaging and Labelling of Chemicals closing date for responses 11 th Sustainable development in policy and decision making: Consultation closing date for responses Air Pollution Chemicals Sustainable Development

9 Outlook for April th Consultation on technical guidance on capping and restoration of landfills closing date for responses 27th Consultation on draft regulations to transpose amendments to the I Directive made by the public participation Directive closing date for responses Miscellaneous 27 th Consultation on a Strategy for River Basin Planning: Water for Life and Livelihoods closing date for responses 30 th Consultation on adapting to climate change: a checklist for development closing date for responses Water Climate Change 30 th Consultation on proposals for intermediate level radioactive waste substitution Radioactive Substances

10 Outlook for May th Consultation on proposals for transposition and implementation of Directive 2002/49/EC relating to the assessment and management of environmental noise (Wales) closing date for responses Noise

11 Major dates after Regulation implementing UN s Protocol on a Pollutant Release and Transfer Register and amending Decision 2000/479/EC on European Pollutant Emission Register (EPER) - final adoption expected Regulation on general review of EU chemicals policy (REACH) to replace Directive 67/548/EEC on dangerous final adoption expected Directive on pipeline safety to deal with the transport of dangerous through pipelines which are exempt from Seveso II Directive 96/82/EC - expected to be proposed 2006 Directive to amend Directive 76/769/EEC on the marketing and use of dangerous and preparation final adoption expected 2006 Directive on energy performance of buildings (2002/91/EC) to be implemented in UK by 4 th January EU Directive 2002/95/EC RoHS (Restrictions of Hazardous Substances) to be implemented 1 st July 2006 Access to information Chemicals safety Dangerous Dangerous Energy Hazardous 2006 Directive on Access to Justice in Environmental Matters final adoption expected 2006 Miscellaneous 2006 Pollution Prevention and Control (England and Wales) Regulations 2000 (SI 2000 No 1973) application deadline for I permits in England and Wales for Part A1: March 2006.

12 Major dates after Pollution Prevention and Control (England and Wales) Regulations 2000 (SI 2000 No 1973) application deadline for I permits in England and Wales for Part A1 gasification, liquefaction and refining (most), asbestos, certain organic chemicals, timber and Part A2 gasification, liquefaction and refining: August Directive on classification of aircraft noise Council common position expected first half 2006 Transport Noise 2006 Report on Landfill Directive (1999/31/EC) to be presented Regulation on shipments of waste (amending Regulation (EEC) 259/93) final adoption expected Landfill Directive (1999/31/EC) EU ban on landfilling of shredded tyres comes into effect 16 th July 2006; weight of biodegradable municipal waste going to landfill to be reduced to 75% of 1995 levels by 16 th July 2006 (EU target date) 2006 Directive on Electrical and Electronic Equipment (WEEE) (2002/96/EC) producers have to meet reuse and recovery targets by 31 st December Update of Directive 98/83/EC on quality of drinking water expected to be proposed 2006 Water 2007 Directive 2004/35/CE on environmental liability with regard to the prevention and remedying of environmental damage final date for implementation by Member States 30 th April 2007 Environmental liability

13 Major dates after Pollution Prevention and Control (England and Wales) Regulations 2000 (SI 2000 No 1973) application deadline for I permits in England and Wales for Part A1 certain coating activities: March Pollution Prevention and Control (England and Wales) Regulations 2000 (SI 2000 No 1973) application deadline for I permits in England and Wales for Part A1: January End-of-Life Vehicles Directive (2000/53/EC) free take-back for vehicles already on the market on 1 st July 2002 takes effect 1 st January 2007 Transport 2007 Directive on groundwater pollution Final adoption expected 2007 Water Dangerous 2008 Directive on polluting emissions from heavy-duty vehicles final adoption expected fourth quarter Regulation on anti-fouling paints used on ships, prohibition on organotin compounds date of implementation 1 st January Directive on Electrical and Electronic Equipment (WEEE) (2002/96/EC) targets to be established for recovery and reuse or recycling of WEEE (medical devices) and new targets to be established for other categories Air Chemicals safety

14 Major dates after Directive 2004/12/EC amending Directive 94/62/EC on packaging and packaging waste minimum recovery target of 60% and between 55%-80% recycling target for packaging waste to be met by 31 st December 2008; material specific recycling targets to be set for specific waste streams 2009 Directive 2003/17/EC on Fuel Quality sulphur free petrol and diesel is mandatory throughout the EU from Landfill Directive (1999/31/EC) weight of biodegradable municipal waste going to landfill to be reduced to 50% of 1995 levels by 16 th July 2009 (EU target date) 2009 Water Framework Directive (2000/60/EC) Water Basin Management Plans must be prepared for each river basin district by 22 nd December Directive 2003/122 on Control of high activity sealed radioactive sources Member states must report on implementation of the Directive by 31 st December Landfill Directive (1999/31/EC) weight of biodegradable municipal waste going to landfill to be reduced to 75% of 1995 levels by 16 th July 2010 (UK target date UK s 4 year derogation period expires) 2010 Habitats Directive (92/43/EEC) UK Government target for all relevant permissions to have been reviewed by March 2010 Air Transport Water Radioactive Wildlife and Habitats Water Planning

15 Major dates after Landfill Directive (1999/31/EC) weight of biodegradable municipal waste going to landfill to be reduced to 50% of 1995 levels by 16 th July 2013 (UK target date - UK s 4 year derogation period expires) 2015 Water Framework Directive (2000/60/EC) all ground and surface waters to reach good status by 22 nd December Landfill Directive (1999/31/EC) weight of biodegradable municipal waste going to landfill to be reduced to 35% of 1995 levels by 16 th July 2016 (EU target date) 2020 Landfill Directive (1999/31/EC) weight of biodegradable municipal waste going to landfill to be reduced to 35% of 1995 levels by 16 th July 2020 (UK target date UK s 4 year derogation period expires) 2020 Water Framework Directive (2000/60/EC) the cessation or phasing out of discharges, emissions or losses of priority hazardous by 22 nd December 2020 Water Water Dangerous

16 EU legislative process in brief A proposal for a Directive or Regulation is presented by the European Commission and is reviewed, usually on two occasions, by the European Parliament and the Council. If the European Parliament and Council agree after the first reading (rare), the proposal will be adopted. If no agreement is reached after the second reading, the proposal goes through a conciliation process before being adopted. The Directive or Regulation comes into force after publication in the Official Journal ( OJ ) of the EU. References in the Calendar to 1 st or 2 nd readings are references to the European Parliament s plenary vote during 1 st or 2 nd reading. Directives must be implemented through national legislation in individual Member States, with the deadline usually laid down in the Directive. Regulations come into force in all EU Member States upon publication. Decisions are directly binding on those to whom they are addressed. Communications are prepared by the Commission and may be followed by proposals for legislation. Further information For further information on our environmental services please contact Paul Sheridan on: +44 (0) or paul.sheridan@cmck.com Disclaimer this calendar is provided by way of general guidance only and does not constitute legal or professional advice. While we aim for it to be as up-todate as possible, some recent developments may miss our publication deadline and some dates may change at short notice. The calendar is not intended to cover every policy or legislative initiative, but only major environmental issues. The classifications given are intended for ease of reference only. ( )