EU ENVIRONMENTAL LEGISLATION

EU environmental policies and legislation protect natural habitats, keep air and water clean, ensure proper waste disposal, improve knowledge about toxic chemicals and help businesses move toward a sustainable economy.

The following is a list of EU Environment and Climate Change related legislation documents and weblinks that are currently available on Lean Business Ireland.

Long-term Climate Policy – Greenhouse gas emission allowance trading scheme
Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC

To meet its commitments, the EU has established a scheme for GHG allowance trading within the EU. Each allowance represents the permission to emit 1 tonne of carbon dioxide (CO2) or carbon dioxide equivalent over a specified period.

The Emissions Trading System (ETS)* is a cornerstone of EU policy to combat climate change and its key tool for reducing industrial greenhouse gas emissions cost-effectively.

KEY POINTS

The EU ETS was first introduced in 2005. It has evolved over time with series of amendments to the original legislation, Directive 2003/87/EC.

  • The current third phase of the EU ETS began in 2013 and will last until 2020.
  • The EU ETS covers power plants and manufacturing installations, as well as emissions from airlines flying between European airports.
  • Since 1 January 2005, operators installations carrying out the activities covered by the Directive must have an appropriate greenhouse gas emissions permit.
  • The EU ETS system covers emissions of carbon dioxide (CO2) from power plants, a wide range of energy-intensive industry sectors and commercial airlines. Nitrous oxide emissions from the production of certain acids and emissions of perfluorocarbons from aluminium production are also included.
  • National competent authorities issue the permits to emit greenhouse gases if they are satisfied that the operator is able to monitor and report its emissions.
  • Within the single EU-wide cap* on allowances (which decreases by 1.74 % annually), operators receive or buy emission allowances which they can trade with one another as needed. They can also exchange limited amounts of international credits from emission-saving projects around the world for allowances.
  • Operators must monitor and report their emissions to the competent authorities. The reports are checked by independent verifiers.
  • After each year, operators must surrender enough allowances to cover all their emissions, otherwise fines are imposed
  • As of 2013, auctioning of the allowances is the default rule of allocation.
  • The proportion of allowances received for free by manufacturing installations will decrease to 30 % in 2020. In principle, there is no free allocation for electricity production.
  • At least 50 % of the revenues from auctioning allowances should be used by EU countries for climate-related purposes (e.g. reducing the carbon intensity of industry).
  • Each year, EU countries report to the European Commission on how the Directive is applied.
  • A proposal for the revision of the EU ETS for Phase 4 (2021-2030) in line with the 2030 Climate and Energy Policy Framework was adopted in July 2015. The proposal aims to achieve a reduction of EU ETS emissions of 43 % compared to 2005.
View Legislation View Summary
Long-term Climate Policy – Greenhouse gas emissions – monitoring & reporting mechanism
Regulation (EU) No 525/2013 of the European Parliament and of the Council of 21 May 2013 on a mechanism for monitoring and reporting greenhouse gas emissions and for reporting other information at national and Union level relevant to climate change and repealing Decision No 280/2004/EC

This Regulation revises and strengthens the EU’s greenhouse gas (GHG) monitoring and reporting framework, in order to provide a better platform for EU action to tackle climate change.

At the heart of this framework is the GHG monitoring mechanism, established in 1993 to enable the EU and EU countries to track progress in reducing the man-made emissions that contribute to climate change – including the commitment to a 20% European emissions reduction by 2020.

The revised GHG mechanism’s main goals include:

  • improving the quality of data reported;
  • enabling implementation of the 2009 EU Climate and Energy package by accurately tracking the progress of the EU and EU countries towards meeting their emission targets for 2013-20;
  • taking into account the latest international guidance on using measures (global warming potential of gases) and methodologies (IPCC Guidelines) when producing greenhouse gas inventories.
View Legislation View Summary
Long-term climate policy – Launching the European Climate Change Programme (ECCP) [archived]
Communication from the Commission to the Council and the European Parliament on EU policies and measures to reduce greenhouse gas emissions: towards a European Climate Change Programme (ECCP)

The Commission has set up a cooperation body to prepare future measures and policies to combat climate change.

View Legislation View Summary
Long-term climate policy – Reducing man-made greenhouse gases (fluorinated gases)
Regulation (EU) No 517/2014 of the European Parliament and of the Council of 16 April 2014 on fluorinated greenhouse gases and repealing Regulation (EC) No 842/2006

It lays down rules on the containment, use, recovery and destruction of F-gases. It bans the sale of certain products containing F-gases.

It covers hydrofluorocarbons (HFCs)*, perfluorocarbons (PFCs)* and sulphur hexafluorides (SF6)*.

It sets an overall yearly limit on the climate impact of HFCs. This will be gradually reduced between 2015 and 2030.

KEY POINTS

The regulation sets out the following obligations.

  • Intentional release of F-gases is prohibited, unless technically necessary for the intended use of a product. Manufacturers must do their utmost best to limit emissions during the production, transport and storage of F-gases.
  • Operators of equipment containing F-gases must take every precaution to avoid any leakage. They must ensure the equipment is regularly checked for leaks. Requirements vary according to the potential climate impact or whether the equipment is hermetically sealed.
  • National authorities are responsible for setting up certification and training programmes for businesses and people involved in installing, servicing, maintaining, repairing or decommissioning F-gases equipment and in recovering F-gases.
  • It phases in bans from 2015 to 2025 on the sale of new items such as certain categories of fridges and freezers, air-conditioning systems, foams and aerosols containing F-gases where safer, more climate-friendly alternatives exist.
  • It reduces the climate impact of the use of HFCs over time. The annual limit for HFCs on the market in 2030 is 21 % of 2009-2012 levels. To ensure the limits are respected, the Commission allocates annual quotas to producers and importers. These must not be exceeded.
  • Producers, importers, exporters, users of feedstock and businesses that destroy F-gases must report annually to the Commission. Importers of F-gases equipment must do the same and from 2017 provide evidence that the quantities of HFCs in their imported equipment are accounted for.

The Commission will report on the effects of the regulation by 31 December 2022.

View Legislation View Summary
Long-term climate policy – Strategy on climate change for 2020 and beyond [archived]
Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions - Limiting global climate change to 2 degrees Celsius - The way ahead for 2020 and beyond

The Commission assesses the costs and benefits of combating climate change and recommends a package of measures to limit global warming to 2° Celsius. Some of the measures apply to the EU, such as the binding target to reduce greenhouse gas emissions and measures on energy, and others have a broader international scope, such as negotiating an international agreement.

View Legislation View Summary
Long-term Climate Policy- Reducing greenhouse gases by 2020: Effort Sharing Decision
Decision No 406/2009/EC of the European Parliament and of the Council of 23 April 2009 on the effort of Member States to reduce their greenhouse gas emissions to meet the Community’s greenhouse gas emission reduction commitments up to 2020

The Effort Sharing Decision (ESD) sets national emission targets for 2020, expressed as percentage changes from 2005 emission levels. It also fixes how many tonnes of GHG emissions each EU country may emit in each year from 2013 to 2020 in the sectors covered by the decision.

KEY POINTS

  • The emission targets for 2020 have been set on the basis of EU countries’ relative wealth (measured by Gross Domestic Product (GDP) per capita). They range from a 20 % emissions reduction by 2020 (from 2005 levels) for the richest EU countries to a 20 % increase for the least wealthy one, Bulgaria.
  • To ensure a steady progress towards the 2020 target, the ESD also fixes GHG emission limits for each country for each year. These limits are called annual emission allocations (AEAs).
  • At the same time, flexibilities in reaching the targets permit the EU countries to make the emission reductions in a cost-effective way: EU countries can borrow 5 % of their AEAs from the next year and buy AEAs from other EU countries or buy credits from certain projects, for example from a project that helps least-developed countries cut their emissions. Should an EU country reduce its emissions by more than needed, thus exceeding its target for a given year, it can bank the surplus AEAs for later use (until 2020) or sell it to other EU countries.
  • Each country must report its emissions and progress towards its target to the Commission every year.
  • If in 1 year a country emits more GHG than it is allowed to, it has to inform the Commission of how it plans to get ‘back on track’, as well as pay a ‘fee’ in the form of a stricter emission target for the following year.
View Legislation View Summary
Major accidents involving dangerous chemicals
Directive 2012/18/EU of the European Parliament and of the Council of 4 July 2012 on the control of major-accident hazards involving dangerous substances, amending and subsequently repealing Council Directive 96/82/EC

The latest legislation takes account of certain technical European and international changes in the way chemicals are classified. Europeans will be better informed about major threats from industrial plants in their neighbourhood under new rules which came into force on 13 August 2012.

View Legislation View Summary
Making the most of waste electrical and electronic equipment
Directive 2012/19/EU of the European Parliament and of the Council of 4 July 2012 on waste electrical and electronic equipment (WEEE)

Electrical and electronic devices are widely used in our daily lives. Yet once discarded, they contribute to one of the EU's fastest growing waste streams, and the hazardous substances they contain can bring health and environmental risks.

This legislation is designed to prevent electrical and electronic waste by requiring EU countries to ensure the equipment is recovered, reused or recycled.

View Legislation View Summary