NORTHERN IRELAND ASSEMBLY ALL PARTY GROUP ON EUROPEAN ENVIRONMENTAL DIRECTIVES

European Environmental

Directives in

Northern Ireland

An Introductory Guide

NORTHERN IRELAND ASSEMBLY ALL PARTY GROUP ON EUROPEAN ENVIRONMENTAL DIRECTIVES

NORTHERN IRELAND ASSEMBLY ALL PARTY GROUP ON EUROPEAN ENVIRONMENTAL DIRECTIVES

Acknowledgements: The EU All Party Group would like to acknowledge the support and assistance

of all those who contributed to the production of this document and in particular Sean Kelly, Lisa

Critchley, Dermot McVeigh and Sandra Kilpatrick from NIEL, and the Environmental Policy Division

within the Department of Environment for Northern Ireland.

Photograph Front Cover, pages 12, 18, 26, 34, 36, 38, 40, 46, 50 & Back Cover:

Image credit © European Union, 2014

IMPORTANT NOTICE

This document has been designed as a simple guide to European

Environmental Directives. Inevitably some details have been

omitted as the information provided is for general use only and is

not intended to be relied upon as specific advice for any

transaction or activity that the reader may undertake.

NORTHERN IRELAND ASSEMBLY ALL PARTY GROUP ON EUROPEAN ENVIRONMENTAL DIRECTIVES

Message from the Chairperson

OFMDFM estimate that over two-thirds of

administrative and legislative actions in

Northern Ireland originate from, or are

influenced by, decisions taken in Brussels.

While UK relations with the European

Union are the responsibility of the

Westminster Government,

implementation of EU policies in Northern

Ireland usually falls to the regional

administration. In Northern Ireland the

various Departmental Assembly

Committees therefore have responsibility

for scrutinising the transposition of EU

legislation.

A briefing from our Northern Ireland

Assembly Research and Information

Service to the All Party Group in January

2012 reaffirmed to Members the

importance of keeping abreast of

European legislation as the EU passes laws

on a wide range of environmental issues

of importance to Northern Ireland in areas

such as: air pollution; water pollution;

treatment of waste; noise; dangerous

substances; and nature conservation to

name but a few.

As most European law takes the form of

directives, this Guide is therefore a

welcome addition to helping us

understand and navigate our way through

the European environmental standards

that we are required to meet. I commend

this Guide not only to my APG and

Assembly colleagues but also to anyone

with an interest in the environment of

Northern Ireland.

Finally, I would like to thank Northern

Ireland Environment Link for the

compilation of this informative and

extremely useful document and look

forward to continued cooperation in the

years ahead.

Danny Kinahan, MLA

Chairperson, All Party Group on European Environmental Regulations, Directives and Decisions

June 2014

NORTHERN IRELAND ASSEMBLY ALL PARTY GROUP ON EUROPEAN ENVIRONMENTAL DIRECTIVES

All Party Group on European Environmental Regulations, Directives and Decisions All Party Groups (APGs) provide a forum

by which MLAs and outside organisations

and individuals can meet to discuss shared

interests in a particular cause or subject.

The purpose of the All Party Group on

European Environmental Regulations, Directives

and Decisions (EU APG) is to provide MLAs

with an overview of implementation of

existing European environmental

legislation as well as implications for

Northern Ireland of forthcoming

legislation. The role of EU APG is to

support the work of its membership by

examining ‘high-level’ EU issues in relation

to the environment rather than

consideration of specific ‘local’ issues. The

work of the APG is therefore to provide

‘added–value’ to members and assist

them in fulfilling their roles on Assembly

Committees.

Current Members of EU APG are:

Chairperson: Mr Danny Kinahan, UUP;

Vice-Chairperson: Ms Anna Lo, Alliance;

Secretary: Mr Patsy McGlone, SDLP; Mr

Stephen Agnew, Green Party; Mr Cathal

Boylan, Sinn Féin; Mr John Dallat, SDLP;

Mr Colum Eastwood, SDLP; Mr Sam

Gardiner, UUP; Mr Simon Hamilton, DUP;

Ms Dolores Kelly, SDLP; Mr Oliver

McMullan, Sinn Féin; Mr Peter Weir, DUP;

and Mr Jim Wells, DUP.

Secretarial support for the APG is provided by Northern Ireland Environment Link.

Northern Ireland Environment Link Northern Ireland Environment Link (NIEL)

is the networking and forum body for non-

statutory organisations concerned with

the environment of Northern Ireland. Its

57 Full Members represent over 90,000

individuals have an annual turnover of

£70 million and manage over 314,000

acres of land. Members are involved in

environmental issues of all types and at all

levels from the local community to the

global environment. NIEL brings together

a wide range of knowledge, experience

and expertise which can be used to help

develop policy, practice and

implementation across a wide range of

environmental fields.

NORTHERN IRELAND ASSEMBLY ALL PARTY GROUP ON EUROPEAN ENVIRONMENTAL DIRECTIVES

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CONTENTS

Application of EU Law ........................................................................................ 4

Ambient Air Quality Directive ............................................................................ 5

Bathing Water Directive ..................................................................................... 7

Batteries Directive ............................................................................................. 9

Biofuels Directive ............................................................................................. 11

Birds Directive .................................................................................................. 13

Drinking Water Directive.................................................................................. 15

Energy Efficiency Directive ............................................................................... 17

Environmental Impact Assessment Directive ................................................... 19

Environmental Liability Directive ..................................................................... 21

Environmental Quality Standards Directive ..................................................... 23

Environmental Noise Directive ......................................................................... 25

Floods Directive ............................................................................................... 27

Groundwater Directive .................................................................................... 29

Habitats Directive ............................................................................................ 31

Hydrocarbons Licensing Directive .................................................................... 33

Industrial Emissions Directive .......................................................................... 35

INSPIRE Directive ............................................................................................. 37

Landfill Directive .............................................................................................. 39

Marine Strategy Framework Directive ............................................................. 41

Nitrates Directive ............................................................................................. 43

Packaging Directive .......................................................................................... 45

Plant Health Directive ...................................................................................... 47

Public Participation Directive ........................................................................... 49

Renewables Directive ...................................................................................... 51

Sewage Sludge Directive .................................................................................. 53

Strategic Environmental Assessment Directive ................................................ 55

Urban Waste Water Treatment Directive ........................................................ 57

Waste Framework Directive ............................................................................. 59

Water Framework Directive ............................................................................. 61

Waste Electrical and Electronic Equipment Directive ....................................... 63

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Application of EU Law

DIRECTIVES

EU directives lay down certain end results that must be achieved by every Member State.

National authorities have to adapt their laws to meet these goals, but are free to decide

how to do so. Directives may concern one or more Member State(s), or all of them.

Each Directive specifies the date by which the national laws must be adapted - giving

national authorities the room for manoeuvre within the deadlines necessary to take account

of differing national situations. Directives are used to bring different national laws into line

with each other, and are particularly common in matters affecting the operation of the

single market.

REGULATIONS Regulations are the most direct form of EU law - as soon as they are passed, they have

binding legal force throughout every Member State, on a par with national laws. National

governments do not have to take action themselves to implement EU regulations. They are

different from directives, which are addressed to national authorities, who must then take

action to make them part of national law, and decisions, which apply in specific cases only,

involving particular authorities or individuals.

Regulations are passed either jointly by the EU Council and European Parliament, or by the

Commission alone.

DECISIONS Decisions are EU laws relating to specific cases. They can come from the EU Council

(sometimes jointly with the European Parliament) or the Commission.

They can require authorities and individuals in Member States either do something or stop

doing something, and can also confer rights on them.

EU decisions are:

addressed to specific parties (unlike regulations)

fully binding

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Ambient Air Quality Directive

Aims The aim of Directive 2008/50/EC on ‘Ambient Air Quality and Cleaner Air for Europe’ is to

protect human and environmental health from harmful outdoor air pollutants by setting

legally binding limits for concentrations of major pollutants. This is different from emissions

restrictions which are covered under separate legislation (see Industrial Emission Directive

2010/75/EU).

Objectives Directive 2008/50/EC is a combination of the previous Air Quality Framework Directive

96/62/EC and three Daughter Directives 1999/30/EC, 2000/69/EC, 2002/3/EC as well as

Commission Decision 97/101/EC. Directive 2008/50/EC therefore consolidates and

implements previous air quality provisions and sets limit values for the most significant

ambient air pollutants – particulate matter, sulphur dioxide, nitrogen oxides, lead, benzene,

carbon monoxide and ozone. In addition, it provides a regulatory framework setting binding

standards for fine particle (PM 2.5) pollution in the EU which is considered dangerous to

human health.

The main objective of the Directive is to limit concentrations of pollutants in outdoor air in

order to protect human health and the health of ecosystems. A fourth Daughter Directive -

2004/107/EC – remains in force and sets Target Values for a number of pollutants in

ambient air, including heavy metals and polycyclic aromatic hydrocarbons (PAHs).

National Requirements Member States are responsible for:

The assessment of ambient air quality

Approving measurement systems

Ensuring the accuracy of the measurements

Analysis of the assessment methods

Coordination on their territory and cooperation with other Member States and the

Commission

The Department for Environment, Food and Rural Affairs (Defra) coordinates assessments

and plans for the whole UK though the devolved nations are responsible for their own

implementation.

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Responsible Agency in Northern Ireland The Department of the Environment (DOE) is the responsible agency in Northern Ireland

and the Directive is transposed in Northern Ireland by the Air Quality Standards Regulations

(Northern Ireland) 2010.

Local Authorities (LAs) are responsible for reviewing the state of air quality in their district

(as set out in the Environment (NI) Order 2002). Where air quality is poor, District Councils

are required to declare Air Quality Management Areas, and submit Action Plans.

Formulating Action Plans can require input and cooperation from other government

departments and agencies (for example, the Department for Regional Development / Roads

Service, where air pollutant levels have a significant road transport emissions component).

LAs are supported by the UK Air Quality Strategy which indicates standards and objectives

for air pollutants. All of the UK Air Quality Strategy standards are either equivalent to, or

more stringent than, the objectives set out in EU air quality legislation.

Further Information/ Links The Ambient Air Quality Directive, alongside other air quality legislation, is under

review, more information on the review can be found here

Defra air quality policy homepage

Northern Ireland DOE air quality policy homepage

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Bathing Water Directive

Aims The main aims of Directive 2006/7/EC concerning the ‘Management of Bathing Water

Quality’ are to preserve, protect and improve the quality of the environment alongside

protecting human health. The Directive applies to surface waters which can be used for

bathing, except man-made bathing water bodies like swimming pools and spa waters or

bodies separate from surface or ground water.

Objectives The information and services provided by the implementation of the Directive are rooted in

scientific knowledge.

The Directive’s main objectives are to:

Provide quality management rather than only sampling and monitoring of waters

Provide better and earlier information for citizens regarding the quality of bathing

waters

Integrate into all other EU water protection measures through the Water Framework

Directive

National Requirements Member States are required to monitor the bathing waters in their territories every year.

Four samples are required each season with intervals of no longer than a month. Once this

has been carried out for the initial four years, Member States may assess the waters only at

the end of every season. Annual reports of ‘Bathing Water Quality’ are to be produced from

these findings.

The Commission publishes annual summary reports of ‘Bathing Water Quality’ based on the

Member State reports.

The Directive provides water classification statuses (Poor, Sufficient, Good and Excellent)

based on water quality linked to the numerical bacteria quality of the water. The Directive

outlines ‘Sufficient’ as the minimum status to be obtained by all Member States by 2015. If

this is not achieved, Member States must take management and corrective measures. If

they are achieved, measurements must be taken to maintain and / or improve ‘Bathing

Water Quality’.

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Responsible Agency in Northern Ireland The Department of the Environment (DOE) is responsible for ensuring coastal waters are of

good enough quality to bathe in. Water Quality Inspectors collect water samples for analysis

by the DOE Marine Division.

The bathing season in Northern Ireland is from June to mid-September and water quality is

assessed 20 times during the season with weekly updates displayed for the public, beach

operators and on the website.

As of the latest assessments in 2013 all 23 identified bathing waters in Northern Ireland

achieve the Directive’s mandatory standards (87% Excellent, and 13% Good).

Further Information/ Links EU Bathing Waters Directive summary

Environment Agency (England and Wales) bathing waters homepage

Northern Ireland DOE bathing waters homepage

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Batteries Directive

Aims The Directive 2006/66/EC on ‘Batteries and Accumulators and Waste Batteries and

Accumulators’ aims to improve the environmental performance of batteries and minimise

the impact of waste batteries and accumulators on the environment. Treatment of waste

batteries and accumulators raises several environmental concerns, mostly due to the metals

they contain. Mercury, lead and cadmium are by far the most problematic of these

substances. Lead batteries, Ni-Cd batteries and batteries containing mercury are all

classified as hazardous waste. Other metals commonly used in batteries, such as zinc,

copper, manganese, lithium and nickel, may also constitute environmental hazards.

Objectives The main objective of the Batteries Directive is to maximise the separate collection of waste

batteries and accumulators and to minimize their disposal as mixed municipal waste in

order to achieve high levels of recycling. In order to achieve these objectives, the Directive

introduces measures to prohibit the placing on the market of some batteries containing

hazardous substances, as well as measures for establishing schemes aimed at increasing the

level of collection and recycling of batteries with quantified collection and recycling targets.

The Directive sets out minimum rules for producer responsibility and provisions with regard

to labelling of batteries and their removability from equipment.

National Requirements Member States must take whatever measures are needed (including economic instruments)

to promote and maximise separate waste collections and prevent batteries and

accumulators being thrown away as unsorted municipal refuse. A minimum collection rate

of 45% has to be reached by 26 September 2016.

Responsible Agency in Northern Ireland The Department of the Environment (DOE) is responsible for enforcing regulations of the

Batteries Directive within Northern Ireland. The DOE lists the following key requirements of

the Directive:

Restrictions on the use of cadmium and mercury in the design and manufacture of

new batteries

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Labelling requirements – all new batteries to be marked with a crossed out wheeled

bin symbol and the appropriate chemical symbol

Registration of all ‘producers’

Collection target for waste portable batteries of 45% of average annual sales in the

UK by 2016

A ban on the disposal of untreated automotive and industrial batteries in landfill or

by incineration

A requirement for ‘producers’ or third parties acting on their behalf to arrange for

the collection and recycling of waste industrial and automotive batteries

Further information/ Links EU Batteries Directive homepage

Environment Agency (England and Wales) Batteries Directive guidance

Northern Ireland DOE Batteries Directive homepage

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Biofuels Directive

Aims Under the Directive 2003/30/EC on the ‘Promotion of the Use of Biofuels or Other

Renewable Fuels for Transport’, the EU established the goal of reaching a 5.75% share of

renewable energy in the transport sector by 2010.

Objectives Under the Directive 2009/28/EC on the promotion of the use of energy from renewable

sources, this share rises to a minimum 10% in every Member State in 2020. Regarding the

expand of biofuels use in the EU, the main objectives of the Directive are to ensure the use

of sustainable biofuels only, which generate a clear and net GHG saving without negative

impact on biodiversity and land use.

National Requirements Under the Directive 2003/30/EC, Member States are required to show that they are

increasing their use of ‘renewable energy’ over a two-year period. This comprises all types

of energy use, with a cap on the amount of aviation fuel.

Member States are also required to ensure that a minimum proportion of biofuels and other

renewable fuels is placed on their markets and, to that effect, shall set national indicative

targets.

Member States shall ensure that information is given to the public on the availability of

biofuels and other renewable fuels. For percentages of biofuels, blended in mineral oil

derivatives, exceeding the limit value of 5% of fatty acid methyl ester (FAME) or of 5% of

bioethanol, a specific labeling at the sales points shall be imposed.

Under the Directive 2009/28/EC, by 2020 each Member State must ensure that 10% of total

road transport fuel comes from renewable energy, defined to include biofuels and biogas, as

well as hydrogen and electricity from renewable energy.

Responsible Agency in Northern Ireland The Northern Ireland Environment Agency is the leading public body in Northern Ireland

responsible for protecting, conserving and promoting the natural environment and built

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heritage in Northern Ireland. This Agency is responsible for dealing with Bio Fuels in

Northern Ireland.

Further Information/ Links Directive 2009/28/EC of The European Parliament and of the Council

Renewable Transport Fuels Obligation UK here

Producing liquid biofuels in Northern Ireland here

Northern Ireland DOE Waste and Resources here

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Birds Directive

Aims Directive 79/409/EEC on the ‘Conservation of Wild Birds’ was adopted in 1979 and later

amended to form Directive 2009/147/EC on the ‘Conservation of Wild Birds’. It is the oldest

piece of nature legislation of the EU and was formed in response to increasing concern

about the decline in Europe's wild bird populations resulting from damaging anthropogenic

activities. It was also in recognition that wild birds, many of which are migratory, are a

shared heritage of the Member States and that their effective conservation required

international co-operation. The Directive recognises that habitat loss and degradation are

the most serious threats to the conservation of wild birds. It therefore emphasises the

protection of habitats for endangered, as well as migratory, species (listed in Annex I),

especially through the establishment of a coherent network of Special Protection Areas

(SPAs) comprising all the most suitable territories for these species. Since 1994 all SPAs form

an integral part of the NATURA 2000 ecological network.

Objectives The main objectives of the Birds Directive are:

The maintenance of the populations of all wild bird species across their natural range

with the encouragement of various activities to that end

The identification and classification of SPAs for rare or vulnerable species, as well as

for all regularly occurring migratory species, paying particular attention to the

protection of wetlands of international importance

The establishment of a general scheme of protection for all wild birds

Restrictions on the sale and keeping of wild birds

Specification of the conditions under which hunting and falconry can be undertaken

Prohibition of large-scale non-selective means of bird killing

Encouragement of certain forms of relevant research

Requirements to ensure that the introduction of non-native birds does not threaten

other biodiversity

National Requirements The Directive places obligations on Member States to provide protection for all wild birds,

including migratory birds and their habitats. Protection includes establishing SPAs for certain

bird species that are considered a priority for conservation attention. The Directive

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recognises hunting as a legitimate activity and provides a comprehensive system for its

sustainable management and practice.

SPAs are strictly protected sites classified in accordance with Article 4 of the Directive. In

Northern Ireland SPAs are protected by the Conservation (Natural Habitats, etc) Regulations

(Northern Ireland) 1995. There are currently 15 SPA sites designated in Northern Ireland.

Responsible Agency in Northern Ireland The Natural Heritage Team, within the Department of the Environment’s Environmental

Policy Division, is responsible for the preparation of policy and legislation for the protection

of wildlife and important natural habitats in Northern Ireland.

Further Information/ Links The European Commission Birds Directive homepage

JNCC Birds Directive homepage

Northern Ireland DOE Habitats and Species homepage

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Drinking Water Directive

Aims The ‘Directive 98/83/EC on the Quality of Water Intended for Human Consumption’

(Drinking Water Directive) aims to protect the health of consumers by ensuring drinking

water is wholesome and clean on a long-life basis. The World Health Organisation’s

guidelines for water and the Commission’s Scientific Advisory Committee provide the

scientific basis for the quality standards in the water.

Objectives The Directive sets standards for the most common substances, or parameters, which can be

found in drinking water, a total of 48 microbiological, chemical and indicator parameters

must be monitored and texted regularly.

The main objectives are to:

Ensure drinking water quality is controlled through standards based on latest

scientific evidence

Secure an efficient and effective monitoring, assessment and enforcement of

drinking water quality

Provide the consumers with adequate, timely and appropriate information

Contribute to the broader EU water and health policy

The Directive applies to:

All distribution systems serving more than 50 people or supplying more than 10m3

per day

Drinking water from tankers

Bottled drinking water

Water used in the food-processing industry, unless competent national authorities

are satisfied the water cannot affect the foodstuff

The Directive does not apply to:

Natural mineral waters recognised as such by the competent national authorities

Waters which are medicinal products

National Requirements When translating the Directive into national legislation, Member States:

May include additional requirements, for instance regulating additional substances

relevant to their territory

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May for a limited time depart from chemical quality standards specified in Annex I

provided is does not cause potential danger to human health and that the water

concerned cannot be maintained by any other means

Must provide regular information to consumers

Must report on the drinking water quality to the EC every three years, from this the

EC produces a synthesis report which summarises the quality of the drinking water

and its improvement at a European level

Responsible Agency in Northern Ireland The Drinking Water Directive is transposed into Northern Ireland legislation for public

supplies through the ‘Water Supply (Water Quality) Regulations (NI) 2007’ and the ‘Water

Supply (Domestic Distribution Systems) Regulations (NI) 2010’. The Drinking Water

Inspectorate (DWI) monitors and regulates NI’s drinking water compliance for each

parameter.

The Northern Ireland Environment Agency (NIEA) is the responsible agency in Northern

Ireland.

Further Information / Links European Commission Drinking Water Directive homepage

Drinking Water Inspectorate homepage

Northern Ireland DOE regulations for public water supplies homepage

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Energy Efficiency Directive

Aims The ‘Directive 2012/27/EU on Energy Efficiency’ amends Directives 2009/125/EC (eco-design

requirements) and 2010/30/EU (product information on energy consumption of products)

and repeals Directives 2004/8/EC (heat demand in energy market) and 2006/32/EC (energy

end-use efficiency).

It aims to establish a common framework of measures for promoting energy efficiency

across the EU to ensure the achievement of the 2020 20% target on energy efficiency.

Objectives The Directive aims to help remove barriers and overcome market failures that impede

energy efficiency in the supply and use of energy.

Measures include:

Legal definition and quantification of EU energy efficiency target, with the accession

of Croatia the target was revised to ‘1483 Mtoe primary energy or no more than

1086 Mtoe of final energy’ from 1474 Mtoe and 1078 Mtoe respectively

Obligation for Member States to set an ‘indicative national energy efficiency target’

Obligation for Member States to achieve certain amount of final energy saving over

the obligation period (Jan 2014 – Dec 2020) by using energy efficiency schemes or

other policy measures to drive energy efficiency improvements

Major energy savings for:

- Consumers: easy and free access to data on energy consumption

- Industry: incentives for SMEs to undergo energy audits and disseminate best

practice, large companies to audit their energy consumption to help identify

potential for reduced energy consumption

Public sector to lead by example – renovate 3% buildings owned/occupied by central

governments from Jan 2014, include energy efficiency in public procurement

Efficiency in energy generation – monitor efficiency levels of new energy generation

capacities, national assessments for co-generation and district heating potential,

measures for its uptake to be developed by Dec 2015

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National Requirements The Directive must be implemented by all Member States by 5th June 2014.

All EU-28 countries required to use energy more efficiently at all stages of the energy chain

– from transformation of energy and its distribution to its final consumption.

All Member States have notified the Commission of their ‘national indicative energy

efficiency targets’ pursuant to Article 3 of the Directive.

By 30th April 2014 and every three years after, Member State must submit ‘National Energy

Efficiency Actions Plans’ (NEEAPs) to the Commission.

Responsible Agency in Northern Ireland The Department of Enterprise, Trade & Investment (DETI) is the responsible department in

Northern Ireland and has produced a consultation document for the implementation of the

billing and metering aspects of the Directive.

Further Information / Links European Commission Energy Efficiency Directive homepage

UK DECC Energy Efficiency Directive Consultation homepage

Northern Ireland DETI energy efficiency homepage

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Environmental Impact Assessment Directive

Aims The main aim of Directive 2011/92/EU on the ‘Assessment of the Effects of Certain Public

and Private Projects on the Environment’ (EIA Directive) is to protect the environment and

environmental quality through ensuring that projects likely to affect the environment, due

to size, nature and / or location are subject to an EIA before permission is granted for the

project to proceed.

Objectives The Directive applies to a range of public and private projects which are listed in the

Annexes.

The objectives are:

To ensure each development or project that is likely to impact upon the

environment is assessed according to environmental impacts

To ensure public participation in decision-making so as to strengthen the quality of

decisions

To ensure that environmental issues are addressed in a more rigorous, scientific and

transparent manner

National Requirements The EIA procedure:

Developer requests competent authority to show what is to be covered by the EIA

Developer must provide information on environmental impact

Environmental authorities, the public and other affected Member States must be

informed and consulted

Competent authority decides with consideration of the consultations

Public are informed of the decisions and can challenge it before the courts

In the UK, the Directive has been transposed into domestic legislation by the Town and

Country Planning (EIA) (England and Wales) Regulations. The Planning Authority is the

competent authority in UK.

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Responsible Agency in Northern Ireland The Directive has been transposed into Northern Ireland through the ‘Planning

(Environmental Impact Assessment) Regulations (Northern Ireland) 2012’.

Also in EIA (Agriculture) Regulations (NI) 2007; EIA (Fish Farming in Marine Waters)

Regulations (NI) 1999; EIA (Forestry) Regulations (NI) 2006; EIA and Natural Habitats

(Extractions of Minerals by Marine Dredging) (Eng and NI) Regulations 2007; Marine Works

(EIA) Regulations 2007. DRD: Harbour Works (EIA) Regulations; DETI: Offshore Energy (EIA)

Regulations, inter alia.

Further information/ Links European Commission EIA homepage

UK EIA homepage

The various EIA Regulations in Northern Ireland can be found here

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Environmental Liability Directive

Aims The Directive 2004/35/EC on ‘Environmental Liability with Regard to the Prevention and

Remedying of Environmental Damage’ (Environmental Liability Directive) aims at ensuring

that the financial consequences of certain types of harm caused to the environment will be

borne by the economic operator who caused this harm. The Environmental Liability

Directive (ELD) provides for the financial responsibility of an operator, it lays down a

framework and reinforces the “polluter-pays” principle, making operators financially liable

for threats of or actual damage.

Objectives The Directive creates new responsibilities and liabilities for those operators and operations

where the ELD has strict liability.

Responsibilities:

Duty to report environmental damage or suspected damage to the regulator

Duty to prevent damage to the environment - Preventative Costs

Duty to take action where there is an imminent threat

Liabilities:

Land Damage – significant harm to human health

Water Damage – water as defined in Directive 2000/60/EC

Damage to protected species and natural habitats – biodiversity

National Requirements The Directive requires that Member States take measures to encourage the development of

appropriate financial security instruments (surety bonds, trusts, letters of credit, corporate

guarantees, insurance policies, and financial tests to show evidence of the ability to self-

insure) for businesses to use these as guarantees to cover their liabilities.

Responsible Agency in Northern Ireland Responsibility for enforcing the Regulations lie with Northern Ireland Environment Agency

(NIEA).

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For the purposes of the Directive, the Department of the Environment (DOE) considers

environmental damage to be:

Damage which has significant adverse effects on reaching or maintaining favourable

conservation status of species and natural habitats protected under EC legislation

Damage that significantly adversely affects the ecological, chemical and/or

quantitative status and/or ecological potential of waters falling within the scope of

the Water Framework Directive

Land contamination that creates a significant risk to human health as a result of

direct or indirect introduction in, on or under land of substances, preparations,

organisms and micro-organisms

Further Information/ Links European Commission environmental liability homepage

JNCC environmental liability homepage

Northern Ireland DOE environmental liability homepage

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Environmental Quality Standards Directive

Aims Directive 2008/105/EC on ‘Environmental Quality Standards in the Field of Water Policy’ is a

Daughter directive of the Water Framework Directive and is concerned with setting

environmental quality standards for substances in surface water. It aims to reduce and

eliminate pollution of surface water by the pollutants specified in the Directive.

Objectives The Directive establishes concentration limits for 33 priority substances and 8 other

pollutants in surface waters which must not be exceeded in order to achieve good surface

water chemical status, as provided for in the Water Framework Directive.

National Requirements The Directive requires Member States to:

Progressively reduce pollution from priority substances

Phase out discharges, emissions and losses of priority hazardous substances, which

are a subset of priority substances considered particularly harmful

Establish an inventory of emissions, discharges and losses for all priority substances

and other pollutants

Apply the Environmental Quality Standards for priority substances when assessing

good status for surface waters

Arrange for a long term trend analysis of priority substances

Responsible Agency in Northern Ireland The Directive is transposed into Northern Ireland legislation through the ‘Water Framework

Directive (Priority Substances and Classification) Regulations (Northern Ireland) 2011’ (as

amended). The Department of the Environment (DOE) is responsible for ensuring that the

objectives and requirements of the Directive are fulfilled as part of its overall responsibility

as the competent authority for delivering the objectives of the Water Framework Directive.

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Further Information/ Links European Commission Environmental Quality Standards summary and Directive

Defra and Welsh Assembly Government revised arrangements on consultation of

Environmental Quality Standards

Northern Ireland DOE priority substances and WFD homepage

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Environmental Noise Directive

Aims The aim of the Directive 2002/49/EC relating to the ‘Assessment and Management of

Environmental Noise’ is to provide a basis for developing EU measures to reduce noise

emission from roads, railways, airports and industry.

Objectives Determine a common approach to avoid, prevent or reduce on a prioritised basis the

harmful effects (including annoyance) from exposure to environmental noise.

There are underlying principles to the Directive which are to:

Determine the exposure to environmental noise, through noise mapping, by

methods of assessment common to Member States

Ensure that information on environmental noise and its effects is made available to

the public

Adopt action plans based upon noise-mapping results, with a view to preventing and

reducing environmental noise where necessary and particularly where exposure

levels can induce harmful effects on human health and to preserve environmental

noise quality where it is good

National Requirements Member States are required to draw up strategic noise maps every 5 years and keep the

public informed. As there are no binding limit values in the Directive, it is at the discretion of

the Member States’ competent authorities to address noise issues through noise reduction

action plans and follow national legislation or Guidance issued by the MS when doing so

Defra is the responsible UK authority.

Responsible Agency in Northern Ireland The Department of the Environment (DOE) Air and Environmental Quality Unit is

responsible for issuing and enforcing legislation and policy on noise control. The DOE has an

overarching responsibility for implementation of the Directive in Northern Ireland. The

Environmental Noise Regulations (Northern Ireland) 2006 designate separate Competent

Authorities to deal with noise from each of the noise sources covered by the Directive. The

Competent Authorities are:

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Department for Regional Development for road noise

Translink for railway noise

Department of the Environment for industrial noise

Belfast International Airport of noise from that airport

George Best Belfast City Airport for noise from that airport

An Action Plan has been made by competent authorities under the ‘Environmental Noise

Regulations (Northern Ireland) 2006’. It outlines how the competent authority is to deliver

obligations under Directive 2002/49/EC and assist in setting out proposed measures for

developing actions plans during the action planning process. This process is assisted by DOE

technical guidance for roads, rails and airports.

The second round of noise mapping was completed in 2011/12 in Northern Ireland and

action plans have been updated.

Further information/ Links European Commission Environment Noise Directive homepage

Defra noise mapping England homepage

Northern Ireland noise maps and Approved Noise Action Plans homepage

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Floods Directive

Aims The aim of Directive 2007/60/EC on the ‘Assessment and Management of Flood Risks’

(Floods Directive) is to reduce and manage the risks posed by floods to human health, the

environment, cultural heritage and economic activity.

Objectives The objectives of the Directive are to identify river basin and coastal areas at risk from

flooding and form management plans focussing on prevention, protection and preparedness

to help reduce and manage the risks posed by flooding.

National Requirements The Directive requires Member States to carry out preliminary assessment by 2011 to

identify river basins and coastal areas at risk and develop flood risk maps by 2013. Flood risk

management plans are to be completed by 2015.

Requires Member States to:

Assess if all water courses and coast lines are at risk from flooding and map out the

flood extent and assets

Determine humans at risk in the area

Take adequate and coordinated measures to reduce the risk

Allow public access to information and to have a say in the planning process

In the UK the ‘Flood Risk Regulations’ implement the requirements of the Directive, in

Scotland the ‘Flood Risk Management (Scotland) Act 2009’ and the ‘The Water Environment

(Floods Directive) Regulations (Northern Ireland) 2009’ in Northern Ireland.

Responsible Agency in Northern Ireland The Department of Agriculture & Rural Development, (DARD), through the Rivers Agency, is the responsible agency.

The ‘Water Environment (Floods Directive) Regulations (Northern Ireland) 2009’ implements

the Floods Directive in Northern Ireland by:

Ensuring the completion of preliminary flood risk assessment by the end of 2011

Producing flood risk/hazard maps for significant risk areas by the end of 2013

Forming flood risk management plans by 2015

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The Rivers Agency has drawn up a four stage strategy to address the requirements of the

Directive:

Stage 1 Create NI legislation to implement the Directive Dec 2009

Stage 2 Undertake a preliminary flood risk assessment to identify Significant Flood Risk Areas (SFRAs)

Dec 2011

Stage 3 Produce flood hazard & flood risk maps for the SFRAs Dec 2013

Stage 4 Produce flood risk management plans – plans will contain objective and measures to manage flood risk in SFRAs

Dec 2015

Implementation has been split into 3 River Basin Districts, each of which is made up of 6

local plan areas.

There is coordination between Rivers Agency and the Office of Public Works who are

responsible in the Republic of Ireland.

Further information/ Links The Floods Directive is a sister Directive to the Water Framework Directive and both operate

under the same unit of management based on a six year planning cycle.

European Commission Floods Directive homepage

Environment Agency (England and Wales) flood risk regulations homepage

Northern Ireland DARD rivers and flooding homepage

Northern Ireland DARD Strategic Flood Map

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Groundwater Directive

Aims The Directive 80/68/EEC on the ‘Protection of Groundwater Against Pollution Caused by

Certain Dangerous Substances’ (Groundwater Directive) is a 'Daughter' Directive of the

Water Framework Directive (WFD) and its purpose is to clarify certain objectives for

groundwater quality in the WFD. In 2006 the EC adopted new Directive: ‘Groundwater

Daughter Directive 2006/118/EC on the Protection of Groundwater Against Pollution and

Deterioration’ which will operate alongside 80/68/EEC until its repeal in 2013.

Objectives The main objective of the Directive is to prohibit or limit the discharge of certain dangerous

substances into groundwater and establish systematic monitoring of the quality of such

water.

The Water Framework Directive sets objectives for groundwater quality:

To meet "good chemical status" by 2015

To prevent or limit the input of pollutants to groundwater, with an additional

objective on pollution trends

The Directive 2006/118/EC focuses on the objectives above and also includes criteria for the

assessment of ‘good chemical status’ and for identifying and reversing upward trends in

pollution. It also details measures to prevent or limit pollutants entering into groundwater.

National Requirements Under the Directive Member States are required to publish a list of substances that they

consider to be hazardous substances on the basis of their intrinsic properties. They may also

introduce more stringent measures than those laid down in this Directive.

Every three years Member States must report on the implementation of the Directive. The

Commission is responsible for publishing a report on the basis of this information.

Responsible Agency in Northern Ireland The discharging of hazardous substances and non-hazardous pollutants to land is subject to

authorisation from the Northern Ireland Environment Agency (NIEA). For the majority of

farms this means an authorisation for the disposal of:

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Waste sheep dip, including cosmetic dips and shampoo

Waste pesticides, including tank washings not sprayed back over the target crop

Groundwater authorisation conditions include:

The identification of the area(s) of land to be used for disposal

The method of disposal used

Essential precautions to be taken and/or conditions under which disposal is to take

place (e.g. the buffer distance from waterways)

The maximum quantity of hazardous substances and non-hazardous pollutants to be

disposed of during specified periods of time

Precautions to be implemented to prevent any pollution of groundwater

If necessary, measures for monitoring the groundwater

A requirement to maintain records of chemicals used, how much and when

Further Information/ Links European Commission Ground Water Directive

UK Groundwater Forum Groundwater Directive homepage

Northern Ireland DOE groundwater authorisations homepage

Northern Ireland DOE groundwater homepage

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Habitats Directive

Aims Council Directive 92/43/EEC on the ‘Conservation of Natural Habitats and of Wild Fauna and

Flora’, commonly known as the Habitats Directive, was adopted in May 1992. The main aim

of the Habitats Directive is to promote the maintenance of biodiversity by requiring

Member States to take measures to maintain or restore natural habitats and wild species

(listed in the Annexes of the Directive) to ‘favourable conservation status’ and introduce

robust protection for those habitats and species of European importance.

Objectives The overall objective of the Habitats Directive is: to maintain and restore, at a favourable

conservation status, natural habitats and species of wild fauna and flora of Community

interest as defined in Article 2. To meet this objective the Directive requires Member States

to:

Contribute to Natura 2000, a coherent European ecological network of protected

sites, by designating Special Areas of Conservation (SACs) for habitats listed on

Annex I and for species listed on Annex II. These measures are also to be applied

to SPAs classified under the Birds Directive (see page 13).

Ensure conservation measures are in place to appropriately manage SACs and ensure

appropriate assessment of plans and projects that are likely to have a significant

effect on the integrity of an SAC. Projects may still be permitted if there are no

alternatives, and there is an issue of overriding public interest. In such cases

compensatory measures are necessary to ensure the overall coherence of the

Natura 2000 network.

Undertake surveillance of habitats and species.

Ensure strict protection of species listed on Annex IV.

Report on the implementation of the Directive every six years, including assessment

of the conservation status of species and habitats listed in the Annexes of the

Directive.

National Requirements The Directive requires the protection of certain natural habitats through the designation of

SACs. The classification of SACs is a matter for Member States, but is subject to supervision

by the Commission. The Commission can initiate legal action against any Member State it

considers has failed to identify and designate SACs according to objective scientific criteria.

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Responsible Agency in Northern Ireland The Natural Heritage Team, within the Department of the Environment’s Environmental

Policy Division, is responsible for the preparation of policy and legislation for the protection

of wildlife and important natural habitats in Northern Ireland. ‘The Conservation (Natural

Habitats, etc.) Regulations (Northern Ireland) 1995’, transpose the Directive into domestic

law. The Environment (NI) Order 2002 provides legal protection for Northern Ireland’s

important habitats through its powers to designate, protect and manage Areas of Special

Scientific Interest (ASSIs). These powers are also used to complement or ‘underpin’

protection and management of Northern Ireland’s SACs, SPAs and Ramsar sites. There are

currently 57 SACs designated in Northern Ireland.

Further Information/ Links European Commission Habitats Directive homepage

JNCC Habitats Directive homepage

Northern Ireland DOE habitats and species homepage

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Hydrocarbons Licensing Directive

Aims The Directive 94/22/EC on the ‘Conditions for Granting and Using Authorisations for the

Prospection, Exploration and Production of Hyrdrocarbons’ (Hyrdrocarbons Licensing

Directive) aims to ensure a competitive, non-discriminatory and transparent European

market and that will improve the security of supply.

Objectives The core objective of the Hydrocarbons Licensing Directive is to ensure non-discriminatory

access for all companies (or other entities), regardless of their nationality or whether they

are public or private, to the activities of prospecting, exploring for and producing

hydrocarbons.

The Directive stipulates that the limits of the geographical areas covered by an authorisation

and the duration of that authorisation must be determined in proportion to what is justified

in terms of the best possible exercise of the activities from an economic and technical point

of view. The aim is to prevent a single entity from having exclusive rights for an area whose

prospection, exploration and production can be carried out more effectively by several

entities.

National Requirements Member States have sovereign rights over hydrocarbon resources within their territories. It

is up to each Member State to determine the geographical areas in which the rights to

prospect, explore for and produce hydrocarbons may be exercised and to authorise entities

to exercise those rights.

Subject to considerations of national security, public safety, public health, security of

transport, protection of the environment and protection of biological resources, Member

States retain the right to exercise the planned management of hydrocarbon resources or to

the payment of a financial contribution or a contribution in hydrocarbons.

Member States are required to annually report on the geographical areas which have been

opened, the authorisations granted, the entities holding those authorisations and the

reserves available in their territory.

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Responsible Agency in Northern Ireland The Department of Enterprise, Trade and Investment (DETI) is responsible for The Hydrogen

Licensing Directive. The Petroleum (Production) Act (Northern Ireland) 1964 ('the 1964 Act')

vests the rights in petroleum in DETI and enables it to grant licences that confer exclusive

rights to 'search for, bore for and get' petroleum.

On 30th April 2010, DETI made two new Statutory Rules:

The Hydrocarbons Licensing Directive Regulations (Northern Ireland) 2010

implement Council Directive 94/22/EC in Northern Ireland by introducing new

arrangements and requirements for granting and using licences relating to the

prospection, exploration and production of hydrocarbons.

The Petroleum Production (Amendment) Regulations (Northern Ireland) 2010 amend

the existing Petroleum Production Regulations (Northern Ireland) 1987 to

complement the Hydrocarbons Licensing Directive Regulations by introducing new

requirements for applications for petroleum licences and new provisions for

licences.

Further Information/ Links European Commission oil licensing homepage

UK DECC oil and gas: petroleum licensing guidance

Northern Ireland Hydrocarbons Licensing Directive Regulations

Northern Ireland Petroleum Production (Amendment) Regulations

Northern Ireland oil and gas exploration homepage

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Industrial Emissions Directive

Aims The aim of Directive 2010/75/EU on Industrial Emissions (IED) is to offer a high level of

protection for the environment and human health by minimising pollution from various

industrial sources across the EU, whilst also simplifying existing legislation and cutting

unnecessary administration costs.

Objectives The Directive’s objectives are to collate and replace ten existing Directives: Large

Combustion Plant (LCP); Integrated Pollution Prevention and Control (IPPC); Waste

Incineration; Solvent Emissions and three on Titanium Dioxide. This is to simplify the already

existing legislation and to cut costs as well as strengthen pre-existing measures.

Operators of industrial installations operating activities covered by Annex I of the Directive

must obtain an integrated permit from authorities. Roughly 50,000 installations were

covered by the IPPC Directive and this will increase under the Industrial Emissions Directive

as it covers new activities.

The IED is based on the following principles:

An integrated approach – whole environmental performance of the plant

Best available techniques (BAT) – permit conditions, including emission limit values

(ELVs) to be based on BAT

Flexibility – allow licensing authorities to set less strict ELVs in specific cases – only

applicable where assessment shows disproportionately higher costs compared to

environmental benefits due to geographical location or technical characteristics of

installation

Inspections – mandatory requirement, Member State to set up system of

environmental inspections and draw up plans accordingly, IED requires site visit at

least every 1-3 years

Public participation – in decision-making process and informed of its consequences

by having access to permit applications (in order to give opinions), permits, results of

monitoring releases and the European Pollutant Release and Transfer Register

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National Requirements Member States were required to transpose the Directive into law by January 6th 2013. There

are several stages in implementation:

The Directive applies to any new installation after January 6th 2013

For installations existing before January 6th 2013 the Directive is to be implemented

by January 6th 2014

Some additional waste activities are covered by the Directive from July 7th 2015

Responsible Agency in Northern Ireland The Department of the Environment (DOE) is the department and NIEA is the regulator.

Further Information/ Links European Commission Industrial Emissions Directive homepage

Defra Industrial Emissions Directive homepage

Northern Ireland DOE industrial pollution homepage

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INSPIRE Directive

Aims The ‘Directive 2007/2/EC establishing an Infrastructure for Spatial Information in the

European Community’ (INSPIRE) entered into force May 2007 and aims to support

Community environmental policies and/or activities that impact on the environment.

The Directive aims to facilitate better environmental policy across the EU by:

Improving the joining up of and access to existing spatial data across the EU at local,

regional, national and international level

Facilitating improvements in sharing spatial data between public authorities

Improving public access to spatial data

Objectives INSPIRE is based on infrastructure for spatial information established and operated by 27

Member States of the EU. It addresses 34 spatial data themes needed for environmental

applications and key components are specified through technical implementing rules,

making the Directive a legislative ‘regional’ approach.

The Directive is based on common principles:

Data should be collected once and kept where it can be maintained effectively

Should be possible to combine seamless spatial information from different sources

across Europe and share with many users and applications

Should be possible for information collected at one level/scale to be shared with all

levels/scales; detailed for thorough investigations, general for strategic purposes

Geographic information needed for good governance at all levels should be readily

and transparently available

Easy to find what geographic information is available

National requirements The Directive requires common Implementing Rules (IR) to be adopted in a number of

specific areas (Metadata, Data Specifications, Network Services, Data and Service Sharing

and Monitoring and Reporting). The IRs are adopted as Commission Decisions or

Regulations and are binding in their entirety.

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Member States must make available, in a consistent format, spatial datasets which come

within the scope of the Directive and create network services for accessing datasets. These

come under one or more of the 34 environmental themes set out in the Annexes.

Member States must submit a monitoring report to the Commission with details of available

datasets every May. Every three years from 2013 Member States must provide the EC with a

report describing structures in place to achieve the implementation of INSPIRE.

Responsible Agency in Northern Ireland The Directive was transposed into NI law under a UK umbrella via a Statutory Instrument

(SI2009 No. 3157) which covers England, NI and Wales. The ‘UK Location Programme’

devised a guide to the INSPIRE regulations which was modified by the ‘NI GI Programme

Office’ to give the ‘NI Guide to the INSPIRE Regulations’.

The Land & Property Services, through the GI Strategy for NI, is leading the implementation

of the INSPIRE Directive in NI.

The Regulations apply to all public authorities – NI Civil Service Departments, Agencies, Non-

Departmental Public Bodies and Local Councils, NI Office, Executive Agencies and PSNI.

Further Information/ Links European Commission INSPIRE Directive homepage

Information on INSPIRE Directive, UK

Guide to INSPIRE Directive in Northern Ireland

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Landfill Directive

Aims The Directive 1999/31/EC on the ‘Landfill of Waste’ aims to prevent or reduce as far as

possible negative effects on the environment and on human health from the landfilling of

waste, by introducing stringent operational and technical requirements for waste and

landfill sites.

Objectives The key requirements of the Directive are:

Reduction in the amount of Biodegradable Municipal Waste (BMW) landfilled

Classification of landfill sites into three categories: Inert, Hazardous and Non

Hazardous

Banning of liquid wastes and certain other hazardous wastes and tyres from landfill

and application of waste acceptance criteria for the various classes of landfill

Treatment of wastes prior to landfill

Specific technical standards for landfill control and monitoring in both operational

and after-care phases, and general requirements for all classes of landfills, including

location considerations

National Requirements The Landfill Directive sets demanding targets to reduce the amount of Biodegradable

Municipal Waste (BMC) sent to landfill in each Member State. For the UK Member State, the

Directive requires reduction of the amount of BMW going to landfill to 35% of the 1995

levels by 2020. Member States must also:

Ensure all landfill sites comply with the provisions of the Directive

Report to the Commission every three years on the implementation of the Directive

The classification of landfill sites, waste acceptance criteria and technical standards for

landfill will affect all new landfill development proposals. In addition, operators of existing

sites were required to complete conditioning plans to demonstrate compliance with the

standards of the Landfill Directive. Sites that could not realistically meet the required

standards were required to close. The Northern Ireland Landfill Allowances Scheme,

introduced in April 2005, sets the maximum amount of local authority collected BMW that

can be disposed of by councils to landfill in each of the scheme years, with these landfill

allowances decreasing year-on-year. Significant financial penalties are associated with

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exceeding allowances. The European Commission recently announced that Member States

may be required to phase out the landfilling of biodegradable waste between 2020 and

2025 under a revision of the 1999 Landfill Directive.

Responsible Agency in Northern Ireland The Landfill Directive was transposed into Northern Ireland law through the Landfill

Regulations (2003), with responsibility for enforcement lying with the Department of the

Environment (DOE). The ‘Landfill Regulations (Northern Ireland) 2011’ came into force on

15th April 2011 to amend the Landfill Regulations (2003) so that they apply to all landfill sites

in Northern Ireland which closed after 16 July 2001. The duty for implementation of these

regulations lies with District Council and private landfill operators.

Further Information/ Links European Commission landfill homepage

Environment Agency (England and Wales) landfill homepage

Northern Ireland DOE landfill homepage

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Marine Strategy Framework Directive

Aims The Directive 2008/56/EC establishing a ‘Framework for Community Action in the Field of

Marine Environmental Policy’ (Marine Strategy Framework Directive) was developed in

response to concerns that although existing legislation protected the sea from some specific

impacts, this legislation was sectoral and fragmented. The Marine Strategy Framework

Directive (MSFD) provides a framework to provide more effective protection of the marine

environment across Europe by achieving and maintaining Good Environmental Status (GES)

of EU marine waters by 2020. The stated aims of the Directive are to:

Protect, preserve and prevent deterioration of marine environment and where

possible, restore marine ecosystems that have been adversely affected

‘Prevent and reduce inputs in the marine environment, with a view to phasing out

pollution’ Article 1:2:b

Objectives The Directive establishes a comprehensive structure within which Member States are

required to develop and implement cost effective measures, necessary to achieve or

maintain “Good Environmental Status” in the marine environment (by 2020 at the latest).

GES is where:

Marine waters are ecologically diverse, clean, healthy and productive

The use of the marine environment is at a sustainable level, thus safeguarding

potential for uses and activities by future and current generations.

National Requirements Member States must apply an ecosystem based

approach to the management of human activities, to

ensure such activities are kept within levels compatible

with achieving GES. Also the approach should ensure

the capacity of marine ecosystems to respond to

human pressures is uncompromised but also allows

sustainable use of marine goods and services. GES is

also described in more detail by 11 high-level

Descriptors of GES which Member States must use as

the basis for their GES targets and indicators. The marine strategies to be developed by each

Member State to achieve GES must contain:

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An initial assessment of the current environmental status of that Member State’s

marine waters

A determination of what Good Environmental Status means for those waters

Targets and indicators designed to show whether a Member State is achieving GES

A monitoring programme to measure progress towards GES

A programme of measures designed to achieve or maintain GES

The Directive sets out a timeframe for Member States to meet:

July 2010 Transpose Directive

July 2012 Initial assessment of marine waters; Determine characteristics, targets and indicators to guide progress to GES

July 2014 Establish, implement monitoring programme for on-going assessment of GES

December 2015 Develop programme of cost-effective measures to achieve GES

December 2016 Implement programme of measures

Responsible Agency in Northern Ireland The Department of the Environment, (DOE) is responsible for leading implementation of the

Directive in the Northern Ireland inshore area. As such DOE also works closely with other

bodies responsible for the marine environment to ensure co-ordinated, joined up and

effective implementation at a local level.

As the DOE shares functions in the marine environment with Department of Agriculture &

Rural Development (DARD), Department of Culture, Arts & Leisure (DCAL), Department of

Enterprise, Trade & Investment (DETI), Department for Regional Development, (DRD) and

the Cross Border Foyle, Carlingford and Irish Lights Commission, they all must exercise their

relevant functions so as to secure compliance with the requirements of the MSFD.

Further Information / Links European Commission MSFD homepage

JNCC MSFD homepage

Northern Ireland DOE MSFD homepage

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Nitrates Directive

Aims The Directive 91/676/EEC concerning the ‘Protection of Waters Against Pollution Caused by

Nitrates from Agricultural Sources’ (Nitrates Directive) aims to protect water quality across

Europe by preventing nitrates from agricultural sources polluting ground and surface

waters, and by promoting good farming practices.

The Nitrates Directive forms an integral part of the Water Framework Directive and is one

of the key instruments for protecting waters against agricultural pressures.

Objectives The main objectives of the Nitrates Directive include:

Identification of water polluted, or at risk of pollution, such as:

- surface freshwaters and groundwater containing or that could contain (if no

action is taken to reverse the trend) a concentration of more than 50 mg/l of

nitrates

- freshwater bodies, estuaries, coastal waters and marine waters, found to be

eutrophic or that could become eutrophic (if no action is taken to reverse the

trend)

Designation as "Nitrate Vulnerable Zones"(NVZs) of areas of land which drain into

polluted waters or waters at risk of pollution and which contribute to nitrate

pollution

Member States can also choose to apply measures (see below) to the whole territory

(instead of designating NVZs)

Establishment of Codes of Good Agricultural Practice to be implemented by farmers

on a voluntary basis to include:

- measures limiting the periods when nitrogen fertilizers can be applied on land in

order to target application to periods when crops require nitrogen

- measures limiting the conditions for fertilizer application (steeply sloping ground,

near water courses, etc.) to prevent nitrate losses from leaching and run-off

- requirement for a minimum storage capacity for livestock manure

- crop rotations, soil winter cover, and catch crops to prevent nitrate leaching and

run-off during wet seasons

Establishment of action programmes to be implemented by farmers within NVZs on

a compulsory basis that must include:

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- measures already included in Codes of Good Agricultural Practice, which become

mandatory in NVZs

- other measures, such as limitation of fertilizer application (mineral and organic),

taking into account crop needs, all nitrogen inputs and soil nitrogen supply,

maximum amount of livestock manure to be applied (corresponding to 170 kg

nitrogen /hectare/year)

National Requirements Every four years Member States are required to report on:

Nitrates concentrations in ground waters and surface waters

Eutrophication of surface waters

Assessment of the impact of action programmes on water quality and agricultural

practices

Revision of NVZs and action programmes

Estimation of future trends in water quality

Responsible Agency in Northern Ireland The Northern Ireland Environment Agency (NIEA) is responsible for implementing Nitrates

and Phosphorous regulations and aim to assist farmers and growers through periods of

change.

Further Information/ Links European Commission Nitrates Directive homepage

Environment Agency (England and Wales) nitrate vulnerable zones homepage

Northern Ireland DOE background information on the Nitrates Directive

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Packaging Directive

Aims The Directive 94/62/EC on ‘Packaging and Packaging Waste’ aims to harmonise national

measures in order to prevent or reduce the impact of packaging and packaging waste on the

environment and to ensure the functioning of the Internal Market. It contains provisions on

the prevention of packaging waste, on the re-use of packaging and on the recovery and

recycling of packaging waste.

Objectives The main objectives of the Packaging Directive are to:

Harmonise national measures so as to prevent or reduce the impacts of packaging

on the environment of all Member States and Third Countries and to remove

obstacles to trade and distortion and restriction of competition

Prevent the production of packaging waste, and reduce the amount of waste for

final disposal through packaging re-use, recycling and other forms of recovery

National Requirements The Directive is a single market measure with environmental goals. The Directive applies to

all packaging placed on the market within the EU, and all packaging waste – whether

disposed of at industrial or commercial sites, or from private

homes.

The Directive requires:

Packaging to be minimised

Packaging be designed for recovery and re-use

Recovery targets to be met for waste packaging

Heavy metals in packaging to be restricted

The recovery and recycling targets set by the original Directive

for packaging waste were revised in 2004 by an amending

Directive (2004/12/EC). It increased the recovery and recycling targets for Member States to

60% overall recovery of packaging waste; and 55% minimum to 80% maximum recycling of

packaging waste, and set minimum recycling targets for individual packaging waste streams.

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Responsible Agency in Northern Ireland The ‘Producer Responsibility Obligations (Packaging Waste) Regulations (Northern Ireland)

2007’ and amendments implement the Directive in Northern Ireland. These are designed to

make sure that industry takes full responsibility for packaging wastes produced as a result of

their commercial activities.

The Department of the Environment (DOE) along with the Department for Business,

Innovation and Skills (DBIS) sets a clear direction for packaging policy in the next ten years.

Further Information/ Links On 4th November 2013 the Commission adopted a proposal for a Directive to reduce the

consumption of lightweight plastic bags in the EU which amends the current Directive

94/62/EC.

European Commission packaging and packaging waste homepage

UK environmental regulations packaging and packaging waste information

Northern Ireland DOE packaging waste homepage

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Plant Health Directive

Aims The Directive 91/414/EEC concerning the ‘Placing of Plant Protection Products on the

Market’ (Plant Health Directive) aims to protect European Member States against the

introduction of organisms that are harmful to plants and plant producers from other

Member States or non-EU countries.

It also aims to protect against the spread of harmful organisms within the EU.

Objectives The Directive covers living plants and living parts of plants such as bulbs, cut flowers and

fruit, inter alia, and un-processed plant products.

Harmful organisms include pests of plants belonging to the animal and plant kingdoms or

pathogens, all of which are listed in the Annexes.

The Directive requires the use of plant passports for trading certain plants parts and

products within the EU. The passports are issued on the basis of a plant health inspection

conducted at the production sites and growing environments.

National Requirements Member States are required to carry out a plant health inspection at least annually at

appropriate times (growth period, harvest) at the place of production and growing site for

certain plants (listed in Annexes). If the

inspection identifies concerns or issues, the

plants, products and growing media may be

subject to treatment, controlled movement or

destruction. Member States must notify the

Commission and other Member States and take

measures to eradicate or inhibit the spread of

organisms.

The national body responsible must list the

producers on an official register.

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Responsible Agency in Northern Ireland Plant health is the responsibility of Department of Agriculture & Rural Development (DARD)

in Northern Ireland and is implemented through the ‘Plant Health Order (Northern Ireland)

2006’. Several amendments have been made to this as certain harmful organisms have been

introduced and spread; the most recent of which is ‘The Plant and Health (Wood and Bark)

(Amendment) Order (Northern Ireland) 2012’ introduced following the outbreak of Chalara

Fraxinia (Ash dieback).

Responsibilities within DARD:

Policy – developed by Food, Farming and Rural Policy Division

Science – provided by Departmental Scientific Advisor and AFBI

Delivery – provided by Agri-Food Inspection Branch, Forestry Service and Veterinary

Service Portal.

The Agri-Food Inspection Branch implements statutory controls regarding plant health.

These include:

Surveys for range of quarantine pests and diseases

Implementing control regarding findings and outbreaks

Ensuring compliance with controls on movement of regulated plants in the EU

Inspection of registered plant products from outside the EU coming into NI

Certification of NI exports of plant material to countries outside the EU

Further information/ Links European Commission plant health and biosecurity EU rules

The Food and Environment Research Agency plant health homepage

Northern Ireland Assembly Overview of Plant Health and Biosecurity

Northern Ireland DARD Plant Passports guidance

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Public Participation Directive

Aims The Directive 2003/35/EC providing for ‘Public Participation in Respect of the Drawing-Up of

Certain Plans and Programmes Relating to the Environment’ (Public Participation Directive)

aims to provide greater scope for the involvement of interested parties, including the

general public, in environmental assessment procedures.

Objectives One of the Directive's primary objectives is to improve public participation within the EIA

Directive. The 2003/35/EC Directive provides for public participation in respect of the

drawing up of certain plans and programmes relating to the environment.

The Directive has been integrated into a number of regulations including the EIA Directive

and Highways Regulations. Public authorities are obliged, under the Aarhus Convention to

actively disseminate environmental information in their possession. They must allow the

public affected, and environmental NGOs, to comment on proposals for projects affecting

the environment or plans and programmes relating to the environment.

National Requirements The Public Participation Directive requires Member States to put in place measures that will

enable the public to participate in the preparation, modification or review of certain plans

and programmes relating to existing environmental legislation

Member States must ensure that the public is given early and effective opportunities to

participate in the preparation and modification or review of the plans or programmes

required to be drawn up under the provisions listed in Annex I.

Member States shall ensure that the public is informed, whether by public notices or other

appropriate means such as electronic media where available, about any proposals for such

plans or programmes or for their modification or review and that relevant information

about such proposals is made available to the public, including:

The public is entitled to express comments and opinions when all options are open

before decisions on the plans and programmes are made

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In making those decisions, due account shall be taken of the results of the public

participation.

Responsible Agency in Northern Ireland The Department of the Environment (DOE) ensures that public participation and community

outreach are integral and effective parts of DOE activities and that decisions are made with

the benefit of significant public perspectives.

Further Information/ Links Public Participation Directive

UK guidance on public participation implementation

Northern Ireland DOE public participation in EIA

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Renewables Directive

Aims The Directive 2009/28/EC on the ‘Promotion of the Use of Energy from Renewable Sources’

(Renewables Directive) aims to promote the use of energy from renewable sources. It also

aims to improve the legal framework for promoting renewable electricity, requiring national

action plans that establish pathways for the development of renewable energy sources,

including bioenergy. The Directive aims to create mechanisms for achieving the targets in a

cost effective manner and establishes the sustainability criteria for biofuels.

Objectives This Directive is strongly linked with the Biofuels Directive 2003/30/EC. The main objectives

of the Renewable Directive 2009/28/EC are to:

Promote the use of energy from renewable sources; this share rises to a minimum

10% in every Member State in 2020

Reach 20% of the EU’s energy consumption through renewable energy sources by

2020

National Requirements Member States were required to submit to the European Commission by 30th June 2010

their National Renewable Energy Action Plans (NREAP), which set out how each Member

State aims to achieve its national target across three sectors (electricity, heating and

cooling, transport).

Each Member State has a target calculated according to the share of energy from renewable

sources in its gross final consumption for 2020. This target is in line with the overall ‘2020

goal’ for the Community.

The share of energy from renewable sources in the transport sector must amount to at least

10% of final energy consumption in the sector by 2020.

In terms of access to operations and grids, Member States should build the necessary

transport infrastructure with regard for integrating the use of renewable energy. They are

expected to:

Ensure that operators guarantee the transport and distribution of electricity from

renewable sources

Provide priority access for this type of energy

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Responsible Agency in Northern Ireland The Northern Ireland Renewables Obligation (NIRO) is the main policy mechanism for

promoting the generation of electricity from renewable sources in line with the Renewables

Directive. Northern Ireland supports international and national commitments to address

climate change by reducing emissions of greenhouse gases. It also addresses the need to

reduce Northern Ireland's high dependency on imported fossil fuels.

The Department of Enterprise, Trade & Investment (DETI) has published a revised Strategic

Energy Framework (SEF) which sets out the scale of Northern Ireland’s ambition in the form

of new and challenging renewable energy targets.

Further Information/ Links European Commission renewable energy homepage

UK National Renewable Energy Action Plan

Northern Ireland DETI energy homepage

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Sewage Sludge Directive

Aims The Directive 86/278/EEC on the ‘Protection of the Environment, and in Particular of the

Soil, When Sewage Sludge is Used in Agriculture’ (Sewage Sludge Directive) aims to

encourage the use of sewage sludge in agriculture and to regulate its use in such a way as to

prevent harmful effects on soil, vegetation, animals and man.

Objectives The primary objective of the Sewage Sludge Directive is to prohibit the use of untreated

sludge on agricultural land unless it is injected or incorporated into the soil. Treated sludge

has either been treated biologically, chemically or with heat, been in long-term storage or

subject to other processes to reduce its fermentability or health risks. To provide protection

against potential health risks from residual pathogens, sludge must not be applied to soil in

which fruit and vegetable crops are growing or grown, or less than ten months before fruit

and vegetable crops are to be harvested.

The Directive also requires that sludge should be used in such a way that account is taken of

the nutrient requirements of plants and that the quality of the soil and of the surface and

groundwater is not impaired.

National Requirements The use of sludge is prohibited by Member States

on:

Grassland or forage crops if the grassland is

to be grazed or the forage crops to be

harvested before a certain period (not less

than 3 weeks) has elapsed

Fruit and vegetable crops during the growing

season, with the exception of fruit trees

Ground intended for the cultivation of fruit and vegetable crops which are normally

in direct contact with the soil and normally eaten raw, for a period of ten months

preceding the harvest and during the harvest itself.

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Sludge and soil must also be sampled and analysed. Member States must keep records

registering the:

Quantities of sludge produced and the quantities supplied for use in agriculture

Composition and properties of the sludge

Type of treatment carried out

Names and addresses of the recipients of the sludge and the places where the sludge

is to be used

Responsible Agency in Northern Ireland The ‘Sludge (Use in Agriculture) Regulations (Northern Ireland) 1990’ implement the

Directive on the protection of public health, the environment and, in particular, soil, when

sewage sludge is used on agricultural land. They prohibit sludge from a waste water

(sewage) treatment works and septic tanks being spread on agricultural land unless

specified requirements are fulfilled.

Enforcement of the legislation, with regard to application to agricultural land, is carried out

by the Agricultural Regulations Team in the NIEA Water Management Unit.

Enforcement of the legislation, with regard to regulation of sludge producers, is carried out

by the Water Utility Regulation Group in the NIEA Water Management Unit.

Where sewage sludge is applied to non-agricultural land (such as forestry), or where it is

stored prior to application to any land, the activity is regulated under The Waste

Management Licensing Regulations by the NIEA Land and Resource Management Unit.

Further Information/ Links European Commission sewage sludge homepage

UK sewage treatment guidance

Northern Ireland DOE sewage sludge homepage

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Strategic Environmental Assessment Directive

Aims The Directive 2001/42/EC on the ‘Assessment of the Effects of Certain Plans and

Programmes on the Environment’ (Strategic Environmental Assessment Directive) aims to

ensure that plans, programmes and projects likely to have significant effects on the

environment are made subject to an environmental assessment, prior to their approval or

authorisation.

Objectives The primary objective of the Strategic Environmental Assessment (SEA) Directive is to

provide a high level of protection to the environment and to contribute to the integration of

environmental considerations into the preparation of projects, plans and programmes with

a view to reducing their environmental impact (as stated in Article 1 of the Directive).

Another objective of the SEA Directive is to ensure public participation in decision-making,

thereby strengthen the quality of decisions.

National Requirements The SEA Directive requires Member States to:

Outline the contents and main objectives of the plan or programme, and the

relationship with other relevant plans and programmes

Consult the environmental authorities at the screening stage

Assess reasonable alternatives

Outline the reasons for selecting the alternatives dealt with and describe how the

assessment was undertaken including any difficulties (such as technical deficiencies

or lack of know-how) encountered in compiling the required information

Monitor the significant environmental effects of the implementation of

plans/programmes in order to identify unforeseen adverse effects and undertake

appropriate remedial action

Ensure that environmental reports are of a sufficient quality

In relation to plans and programmes which are likely to have significant effects on the

environment in another Member State, the Member State in whose territory the plan or

programme is being prepared must consult the other Member State.

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Responsible Agency in Northern Ireland The Directive was ratified in Northern Ireland through the ‘Environmental Assessment of

Plans and Programmes Regulations (Northern Ireland) 2004’.

Regulation four designated the Department of the Environment (DOE) as the Consultative

Body for the SEA process in Northern Ireland. Responsible Authorities should send their

plans and programmes for consultation to Strategic Environmental Assessment

Coordination Unit.

Further Information/ Links European Commission SEA homepage

Environment Agency (England and Wales) SEA homepage

Northern Ireland DOE SEA homepage

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Urban Waste Water Treatment Directive

Aims The Directive 91/271/EEC concerning ‘Urban Waste-Water Treatment’ aims to protect the

environment from the adverse effects of urban waste water discharges and discharges from

certain industrial sectors and concerns the collection, treatment and discharge of:

Domestic waste water

Mixture of waste water

Waste water from certain industrial sectors

Objectives The main objective of the Directive is to reduce the pollution of freshwater, estuarine and

coastal waters by domestic sewage and industrial wastewater – collectively known as urban

waste water.

Another objective of the Directive is the protection of the water environment for the

animals and plants that live in and around water, for recreation, and its use as a resource for

drinking water, sanitation, industry and commerce.

The Directive sets minimum standards for the collection, treatment and discharge of urban

wastewater, and also establishes timetables for achieving these standards.

National Requirements The Directive requires Member States to:

Draw up lists of sensitive and less sensitive areas which receive the treated waters

with regular updates and treatment according to sensitivity of receiving waters

Monitor both discharges from treatment plants and the receiving waters and publish

a situation report every two years which must be sent to the Commission

Set up national programmes for the implementation of this Directive which must be

presented to the Commission

The Directive lays down specific requirements to prevent discharges of biodegradable

industrial wastewater from certain industrial sectors from entering urban wastewater

treatment plants before discharge to receiving waters. The treatment provided at

wastewater treatment plants can involve:

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Preliminary treatment – to remove grit and gravel and screen large solids

Primary treatment – to settle larger suspended, generally organic, matter

Secondary treatment – to biologically break down and reduce residual organic

matter

Tertiary treatment – to address other pollutants using different treatment processes

Responsible Agency in Northern Ireland The Directive was transposed in Northern Ireland by the ‘Urban Waste Water Treatment

Regulations (Northern Ireland) 2007’.

The Directive requires the Department of the Environment (DOE) to review the

identification of Sensitive Areas at least every four years. A water body must be identified as

a sensitive area if it falls into one of the following groups:

Surface water bodies which are found to be eutrophic or in the near future may

become eutrophic if preventative action is not taken

Surface freshwaters intended for the abstraction of drinking water which could

contain 50mg of nitrate per litre if action is not taken

Areas where further treatment than secondary or equivalent treatment is necessary

to meet other EC Directive obligations

Further Information/ Links European Commission urban wastewater homepage

UK urban waste water treatment implementation

Northern Ireland DOE urban waste water homepage

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Waste Framework Directive

Aims The revised Directive 2008/98/EC on Waste (Waste Framework Directive) entered into force

on 12th December 2008 and established a legal framework for the treatment of waste within

the EU. The Directive is designed to cover the entire waste cycle from generation to

disposal, placing an additional emphasis on recovery and recycling. The overarching aim of

the Directive is to protect the environment and human health through the prevention of the

harmful effects of waste generation and waste management.

Objectives The Directive lays down some basic waste management principles that waste be managed:

Without endangering human health and harming the environment, particularly

regarding risk to water, air, soil, plants or animals

Without causing a nuisance through noise or odours

Without adversely affecting the countryside or places of special interest

The Directive includes a revised ‘waste hierarchy’ as its core principle and sets out five

stages for dealing with waste, ranked according to environmental impact:

Prevention – using less material in production, longer-lasting products, recyclable

Preparing for re-use – checking, cleaning, repairing, refurbishing, whole items or

spare parts

Recycling – including composting

Other recovery – including anaerobic digestion, energy recovery incineration etc

Disposal – landfill and incineration without energy recovery

A key means of encouraging people to manage their waste as high up the hierarchy as

possible and to use waste as a resource, is the polluter pays principle, which is applied by

the Directive.

National Requirements Member States are required to take appropriate measures

to encourage: firstly, the prevention or reduction of waste

production and its harmfulness; and secondly, the recovery

of waste by means of recycling, re-use or reclamation or

any other process with a view to extracting secondary raw

materials, or the use of waste as a source of energy.

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The Directive incorporates provisions on hazardous waste and waste oils, and includes two

new recycling and recovery targets to be achieved by 2020:

At least 50% by weight of waste from households is prepared for re-use or recycled

At least 70% by weight of construction and demolition waste is prepared for re-use,

recycled or recovered

All waste collectors are required to collect recyclables separately (at least paper, glass,

metals and plastics) from 1st January 2015 and to ensure these are not mixed with other

wastes.

Member States are also required to establish Waste Management Plans to be revised every

sixth year. The Directive’s requirements are supplemented by other Directives for specific

waste streams.

These requirements have been transposed into Northern Ireland legislation through the

‘Waste Regulations (Northern Ireland) 2011’. Northern Ireland has had a series of waste

management strategies since 2000 and there are also 3 sub-regional Waste Management

Groups in existence: ARC21, North West Region Waste Management group and Southern

Waste Management Partnership.

Responsible Agency in Northern Ireland The Environmental Policy Division of the Department of the Environment (DOE) has a

number of teams that develop policies and legislation in specific waste areas. The key areas

for which the ‘waste’ section within the Waste and Radioactivity Team has responsibility

include the Waste Framework Directive, Waste Hierarchy and Waste Management

Licensing.

Further Information/ Links European Commission Waste Framework Directive homepage

UK Defra waste legislation and regulations homepage

Northern Ireland DOE waste homepage

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Water Framework Directive

Aims The purpose of the Directive 2000/60/EC establishing a ‘Framework for the Community

Action in the Field of Water Policy’ (Water Framework Directive) is to establish a framework

for the protection of inland surface waters (rivers and lakes), transitional waters (estuaries),

coastal waters (to one nautical mile) and groundwater.

The WFD also includes ‘Daughter Directives’: the Drinking Water Directive; Freshwater Fish

Directive and the Groundwater Directive. These provide further operational guidance and

criteria on how to achieve good status.

Objectives The key principles within the Water Framework Directive (WFD) are the:

Protection and improvement of the aquatic environment and its ecosystems

Organisation and regulation of water management at the level of river basins

Principle of recovery of the costs of water services

The overall aim is for Member States to achieve good chemical and ecological status in

identified water bodies by 2015, including transitional and coastal waters to one nautical

mile.

The ecological and chemical status of surface waters are assessed according to the following

criteria:

Biological quality (fish, benthic invertebrates, aquatic flora)

Hydromorphological quality such as river bank structure, river continuity or substrate

of the river bed

Physical-chemical quality such as temperature, oxygenation and nutrient conditions

Chemical quality that refers to environmental quality standards for river basin

specific pollutants

National Requirements Member States have established River Basin Districts (RBDs) and developed Plans and

Programmes of Measures that detail the actions needed within each District in order that

the water bodies and protected areas within each RBD achieve 'good ecological status' by

2015.

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By 2004 (at the latest) each Member State was required to produce:

An analysis of the characteristics of each RBD

A review of the impact of human activity on water

An economic analysis of water use

A register of areas requiring special protection

A survey of all bodies of water used for abstracting water for human consumption

Management plans have been produced for each RBD, taking account of the results of the

analyses and studies carried out. These plans cover the period 2009-2015. They shall be

revised in 2015 and every six years thereafter. The aim of the management plans is to:

Prevent deterioration, enhance and restore bodies of surface water, achieve good

chemical and ecological status of such water by 2015 (at the latest) and to reduce

pollution from discharges and emissions of hazardous substances

Protect, enhance and restore the status of all bodies of groundwater, prevent the

pollution and deterioration of groundwater and ensure a balance between

groundwater abstraction and replenishment

Preserve protected areas

Northern Ireland has three RBDs: North Eastern RBD, North Western and Neagh Bann, the

latter two of which are international RBDs (IRBD) shared with the Republic of Ireland. One

River Basin Management Plan (RBMP) is produced for each RBD.

Responsible Agency in Northern Ireland The WFD was transposed into Northern Ireland law through the ‘Water Environment (Water

Framework Directive) Regulations (Northern Ireland) 2003’. The Department of the

Environment (DOE) is the competent authority for each RBD and delivery of the WFD rests

with DOE in partnership with the Department of Agriculture & Rural Development (DARD),

Department of Culture, Arts & Leisure (DCAL) and Department for Regional Development

(DRD).

Further Information/ Links European Commission WFD homepage

Environment Agency (England and Wales) WFD homepage

Northern Ireland DOE WFD homepage

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Waste Electrical and Electronic Equipment Directive

Aims A recast of the Directive 2002/96/EC on ‘Waste Electrical and Electronic Equipment’ has

resulted in the publication of the new Directive 2012/19/EU on ‘Waste Electrical and

Electronic Equipment’ (WEEE).

The recast Directive aims to protect the environment and human health by preventing the

adverse impacts of the generation and management of WEEE. It requires all manufacturers

and producers to take responsibility for what happens to the products they sell at the end of

their lives. The Directive bans the disposal of separately collected WEEE which has not been

properly treated and requires Electrical and Electronic Equipment (EEE) producers to pay for

its reuse, recycling and recovery.

Objectives The primary objective of the Directive is to increase the amount of electronic waste that is

appropriately treated and to reduce the volume that goes to disposal.

The Directive also intends to increase the recycling and/or re-use of certain products and

require the substitution of heavy metals such as lead, mercury, cadmium, and hexavalent

chromium and flame retardants with safer alternatives.

National Requirements The new Directive has set minimum recovery targets that producers must meet for

separately collected WEEE. There are also significantly higher Member State targets for the

minimum WEEE collection rate than in the previous Directive 2002/96/EC.

From 1st January 2016 to 2019 the minimum WEEE collection rate will be 45% of the average

total weight of EEE placed on the market rising to 65% by 1st January 2019. In addition, the

opportunity is offered to achieve an alternative target of 85% based on a ‘WEEE generated’

methodology. This methodology is based on estimates of WEEE generated from data on

product lifecycles.

Until the end of 2015, Member States are required to collect at least 4kg on average per

inhabitant per year of WEEE from households, or the same weight of WEE that was

collected on average over the past three years, whichever is the greater.

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Responsible Agency in Northern Ireland The Department of the Environment (DOE) is the responsible body in Northern Ireland for

the regulation and enforcement of the Directive requirements. The Waste Electrical and

Electronic Equipment (Waste Management Licensing) Regulations (NI) 2006 came into force

on the 5th January 2007. These regulations dealt with the site licensing requirements and

WEEE treatment requirements of the WEEE Directive.

The Waste Electrical and Electronic Equipment (Charges) Regulations (Northern Ireland)

2006 came into force on the 2nd January 2007. These prescribed the charges to be paid to

the DOE under the WEEE Regulations 2006.

Further Information/ Links European Commission WEEE homepage

Environment Agency (England and Wales) WEEE homepage

Northern Ireland DOE WEEE homepage

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