Environment Committee- 2005 Issues

Corina Hebestreit

The Barytes Association16 November 2005

Outline

Waste REACH – Chemicals Policy Water others

WASTE Issues

Priority Issues Objectives

Mine Waste Directive

Replace Landfill DirectiveEnsure Financial Guarantees are Flexible Ensure Standards are Workable

Thematic Strategy Track & monitor

Framework Directive Track & monitor

Overall Trend:towards industry position

Mine Waste Directive

Non-hazardous, non-inert waste may be exempt from key provisions, including the Financial Guarantee.

Financial Guarantee «or equivalent » required to cover closure & rehabilitation of the « land within the boundaries of the waste management plan ».

Council trying next week to remove the ban on disposal to water-bodies -> otherwise Conciliation.

Council trying next week to limit management of flooded voids, to just those containing backfilled waste.

CEN Technical Committee 292 Working Group 8 is set up for Characterisation of Extractive Wastes.

Revision of Waste Framework Directive

The new Directive introduces minimum standards, definition for recovery and "end of waste" criteria.

Article 7 (Objectives) lists a number of "zero risk" objectives.

The Commission proposes a comitology procedure for setting certain key definitions & minimum standards (???).

Annex IV § 1 suggests economic instruments "affecting the availability and price of primary resources“.

The Directive gives great weight to Life Cycle Analysis, for which the industry will need to watch that the models are appropriate.

REACH Chemicals Policy

Priority Issues Main Activities

Scope Exempt natural raw materials

Implementation Contribute to Plans (RIPs)3.5 Downstream User Requirements3.10 Substance Identity Checks

Overall Trend:Towards Registration of ‘Dangerous’ Minerals

REACH Chemicals Policy

R egistration

E valuation

A uthorisation of

CH emicals

(Restriction) Substitution of Authorised chemicals.

REACH Proposal

Industry Central Agency

Registration Assess risks.Propose testing.

Check completenessPublish.

Evaluation Provide further data if required.

Develop criteria.(MStates evaluate)

Authorisation Submit Applications. Publish applications.Prioritise applications.Draft opinions.(Commission decides)

Restriction Assess socio-economics

Draft opinions.Publish opinions.(Commission decides)

REACH Proposal

Amendments have been tabled to exclude;

Minerals from Registration & Evaluation. Naturally occuring raw materials going to IPPC installations from

Registration, Evaluation & Authorisation.

ENVI Committee currently favouring exemption from Registration & Evaluation only if not classed as ‘Dangerous’.

Council also favouring exemption from Registration & Evaluation.

Any exemptions also likely to depend on whether the material is « chemically modified » or not.

EP second reading

EP first reading

Council first reading

Council second reading

Council Common position

Conciliation procedure

Adoption Proposal rejected

Adoption

Adoption

17 Nov ‘05

Dec 2005

Q1 2006

2007

REACH Timeline

What are RIPs ?

RIP’s = REACH Implementation Projects The aim of the RIP's is to reorient ongoing EU

chemicals activity towards REACH and Develop tools and instruments to implement

REACH when it comes into force. RIP 3 - Guidance Documents: Development of

guidance documents for industry.

RIP’s and the REACH Alliance

REACH Alliance has organised itself to make sure that the voice of the “inorganics” industry is heard

Exchange and identify data needs for the RIP projects

Create and develop support networks between the industries

Raise interest level in existing and future RIP’s Appoints ‘best expert’ to each of the key RIP’s

Timeplan for RIP 3-4 projects

RIP -3: Technical Guidance Documents and Tools for Industry

RIP -3.1: TGD on preparing the Technical dossier for Registration

RIP -3.2-1A: TGD on preparing the CSR (P hase 1A: Scoping)

RIP -3.2-1B: TGD on preparing the CSR (P hase 1B: Draft CSA)

RIP -3.2-2 TGD on preparing the CSR (P hase 2: Guidance development)

R IP -3.3-1: TGD on information requirements (P hase 1: Scoping)

RIP -3.3-2: TGD on information requirements (P hase-2: Guidance development)

R IP -3.4: Guidance Document on data sharing (pre-registration)

R IP -3.5-1: TGD on Downstream user requirements (P hase 1: P reliminary study)

RIP -3.5-2: TGD on Downstream user requirements (P hase 2: Guidance development)

R IP -3.6: Guidance on C&L under GHS

RIP -3.7: TGD on preparation of an application for Authorisation

RIP -3.8: Guidance on fulfilling requirements for articles

RIP -3.9-1: Guidance on carrying out an SEA (P hase 1: P reliminary study)

RIP -3.9-2: Guidance on carrying out an SEA (P hase 2: Guidance development)

R IP -3.10: Guidance on performing the substance ID check

RIP -4: Technical Guidance Documents and Tools for Authorities

RIP -4.1: Guidance document on dossier evaluation

RIP -4.2: Guidance document on substance evaluation

RIP -4.3: Guidance document on Inclusion of Substances into Annex XIII

R IP -4.4: Guidance document on preparation of Annex XIV dossiers

RIP -4.5: Guidance document on priority setting for evaluation

RIP -3: Technical Guidance Documents and Tools for Industry

RIP -3.1: TGD on preparing the Technical dossier for Registration

RIP -3.2-1A: TGD on preparing the CSR (P hase 1A: Scoping)

RIP -3.2-1B: TGD on preparing the CSR (P hase 1B: Draft CSA)

RIP -3.2-2 TGD on preparing the CSR (P hase 2: Guidance development)

R IP -3.3-1: TGD on information requirements (P hase 1: Scoping)

RIP -3.3-2: TGD on information requirements (P hase-2: Guidance development)

R IP -3.4: Guidance Document on data sharing (pre-registration)

R IP -3.5-1: TGD on Downstream user requirements (P hase 1: P reliminary study)

RIP -3.5-2: TGD on Downstream user requirements (P hase 2: Guidance development)

R IP -3.6: Guidance on C&L under GHS

RIP -3.7: TGD on preparation of an application for Authorisation

RIP -3.8: Guidance on fulfilling requirements for articles

RIP -3.9-1: Guidance on carrying out an SEA (P hase 1: P reliminary study)

RIP -3.9-2: Guidance on carrying out an SEA (P hase 2: Guidance development)

R IP -3.10: Guidance on performing the substance ID check

RIP -4: Technical Guidance Documents and Tools for Authorities

RIP -4.1: Guidance document on dossier evaluation

RIP -4.2: Guidance document on substance evaluation

RIP -4.3: Guidance document on Inclusion of Substances into Annex XIII

R IP -4.4: Guidance document on preparation of Annex XIV dossiers

RIP -4.5: Guidance document on priority setting for evaluation

Timeline for RIPs

WATER Issues

Priority Issues Main Activities

Groundwater Directive

Maintain exemptions for mining activityPrevent pan-European limits(consider natural variation in background levels)

Surface Water Directive

Prevent pan-European limits(consider natural variation in background levels)

Marine Strategy Track & monitor

Overall Trend:towards industry position

Groundwater Directive – State of Play

EC proposal on a “Directive on the protection of Groundwater against pollution”

September 2003

European Parliament adopted its 1st reading opinion

28 April 2005

Council: common position 24 June 2005

EC proposal on new groundwater daughter directive

Good groundwater chemical status

Trend identificationand reversal

Prevent/limit input of pollutants

- EU-wide quality standards

Thresholds set at MS level for

ground waters at risk

Link to programme of measures,

progressively reduce pollution

Direct and indirect discharges

- Threshold values to be set for Pb, Cd, As, Hg, Cl & SO4

Surface Water Directive

Sets concentration limits for metals at a certain margin above background.

Current margins are too small – based on flawed risk assessments for metals.

Eurometaux is fighting very hard on this. Leaves specific measures to MStates as one-

fits-all-approach is not cost-effective and does not give enough flexibility.

Commission due to release the draft in Dec’05

OTHER Issues

SOIL Thematic Strategy & Directive – monitoring

BIODIVERSITY – New Communication due in Dec’05

EPRTR – Data collection for first reporting year (2007)

IPPC Review – review of Scope and BREFs

AIR Thematic Strategy – regulation of PM2,5 & NOX