10.2: Environmental legislation

EU legislation on environment policy is now very wide-ranging. The main areas where EU measures have so far been adopted include:

Water pollution: a number of Directives have been approved dealing with the protection of water, surface and underground, fresh and salt, both bathing water and drinking water.
Atmospheric pollution: a number of Directives on such topics as the discharge of sulphur dioxide, the use of chlorofluorocarbons (CFCs) in aerosol cans, the control of pollution from certain industrial premises, pollutants from motor vehicles, general greenhouse gases and sulphur dioxide.
Noise: Directives have been adopted fixing maximum noise levels for cars, lorries, motorcycles, tractors, sub-sonic aircraft, lawnmowers and building-site machinery.
Safety of chemical products.
The transportation of dangerous substances.
Waste disposal: since 1975 Community rules have been in force concerning the collection, disposal, recycling and processing of waste.
Nature protection: the EU is a member of the 1979 Berne Convention on the conservation of wildlife.

More specifically, these pieces of environmental legislation have very direct affects on business:

The EU Directive on Packaging Waste (1994). This was implemented in the UK as the Producer Responsibility Obligations (Packaging Waste) Regulations (1997). They were the first of the EU's "producer responsibility" initiatives, which legally obliged industry to pay for the disposal of their products and/or packaging by recycling rather than by landfill and/or incineration.
The Landfill Directive (1999). The objective is to prevent or reduce as far as possible the effects on the environment from the landfilling of waste, by introducing stringent technical requirements for waste and landfills.
The EC Regulation (2000) on Substances that Deplete the Ozone Layer (Disposal of Refrigeration Equipment). This deals with the disposal of fridges. The Regulation came into force in 2002.
End of Life Vehicles (ELV) Directive (2000). This calls for improvements in the amount of material to be reused, recycled or recovered from vehicles. Another "producer responsibility" initiative.
The Directive on "waste electrical and electronic equipment" (Waste Electrical and Electronic Equipment Directive, WEEED) (2002/03). WEEED's objectives include the obligation for producers (including retailers) of designated equipment responsible for taking it back, free of charge to consumers, and recycling it. This responsibility would be retroactive. Another "producer responsibility" initiative. Equipment covered by WEEED includes:

Large household appliances: electrical and electronic tools (with the exception of large-scale stationary industrial tools).
Small household appliances: toys, leisure and sports equipment.
IT and telecommunications equipment: medical devices (with the exception of all implanted and infected products).
Consumer equipment: monitoring and control instruments.
Lighting equipment: automatic dispensers.

The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment (EEE) Regulations (2006) (RoHS). RoHS was a complement to WEEED.
"REACH" (Registration, Evaluation and Authorisation of Chemicals) Directive (2003) will be enforced in 2007. It will be managed by the new European Chemicals Agency.
The Environmental Liability Directive (adopted in 2004). This is based on the "polluter pays" principle and requires companies that damage the environment to pay for cleaning up.

RL, February 2007