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Water Protection and Management

Water protection and management

Outline of the Community (European Union) legislation about Water protection and management

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These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Environment > Water protection and management

Water protection and management

Some 70% of the Earth’s surface is covered by seas and oceans, and these produce almost three quarters of the oxygen we breathe. We can use directly only 1% of this water, however, and many forms of human activity put water resources under considerable pressure. Polluted water, whatever the source of the pollution, flows one way or another back into our natural surroundings – into the sea or water tables – from where it can have a harmful effect on human health and the environment. One of the most important pieces of legislation in this area is the Water Framework Directive.

GENERAL FRAMEWORK

Water protection and management (Water Framework Directive)
Pricing and long-term management of water
Flood management and evaluation
Droughts and water scarcity
Urban waste water treatment

SPECIFIC USES OF WATER

Quality of drinking water
Bathing water quality (until 2014)
Bathing water quality
Water suitable for fish-breeding
Quality of shellfish waters

MARINE POLLUTION

Strategy for the marine environment
Maritime safety: compensation fund for oil pollution damage
Maritime safety: prevention of pollution from ships
Ship-source pollution and criminal penalties
Maritime safety: prohibition of organotin compounds on ships
Maritime safety: Bunkers Convention

REGIONAL WATERS

European Union Strategy for Danube Region
Baltic Sea Strategy
Environment strategy for the Mediterranean
Strategy to improve maritime governance in the Mediterranean
Black Sea Synergy
Danube – Black Sea region

Regional convention

Barcelona Convention for the protection of the Mediterranean
Helsinki Convention on the protection of the Baltic Sea
Helsinki Convention: trans-boundary watercourses and international lakes
Convention for the Protection of the Rhine
OSPAR Convention

DISCHARGES OF SUBSTANCES

Industrial emissions
Integrated pollution prevention and control (until 2013)
Environmental quality standards applicable to surface water
Protection of groundwater against pollution
Detergents
Stockholm Convention on persistent organic pollutants (POPs)
Agricultural nitrates
Community strategy concerning mercury
Protection of the aquatic environment against discharges of dangerous substances (until 2013)
Other substances: protection of groundwater

Another Normative about Water protection and management

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic

Agriculture > Environment

Water protection and management (Water Framework Directive)

Document or Iniciative

Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy [See amending acts].

Summary

The European Union (EC) has established a framework for the protection of:

inland surface waters *;
groundwater *;
transitional waters *; and
and coastal waters *.

This Framework-Directive has a number of objectives, such as preventing and reducing pollution, promoting sustainable water usage, environmental protection, improving aquatic ecosystems and mitigating the effects of floods and droughts.

Its ultimate objective is to achieve “good ecological and chemical status” for all Community waters by 2015.

Administrative arrangements

Member States have to identify all the river basins * lying within their national territory and to assign them to individual river basin districts *. River basins covering the territory of more than one Member State will be assigned to an international river basin district.

Member States are to designate a competent authority for the application of the rules provided for in this Framework-Directive within each river basin district.

Identification and analysis of waters

By 2004 at the latest, each Member State shall produce:

an analysis of the characteristics of each river basin district;
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 and producing more than 10 m³ per day or serving more than 50 persons.

This analysis must be revised in 2013 and every six years thereafter.

Management plans and programmes of measures

In 2009, nine years after the Framework-Directive entered into force, management plans were produced for each river basin district, 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 then every six years thereafter.

The management plans must be implemented in 2012. They aim 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.

The management plans for river basin districts can be complemented by more detailed management programmes and plans for a sub-basin, a sector or a particular type of water.

Temporary deterioration of bodies of water is not in breach of the requirements of this Framework-Directive if it is the result of circumstances which are exceptional or could not reasonably have been foreseen and which are due to an accident, natural causes or force majeure.

Member States shall encourage participation by all stakeholders in the implementation of this Framework-Directive, specifically with regard to the management plans for river basin districts. Projects from the management plans must be submitted to public consultation for at least 6 months.

From 2010, Member States must ensure that water pricing policies provide adequate incentives for users to use water resources efficiently and that the various economic sectors contribute to the recovery of the costs of water services, including those relating to the environment and resources.

Member States must introduce arrangements to ensure that effective, proportionate and dissuasive penalties are imposed in the event of breaches of the provisions of this Framework Directive.

A list of priority substances selected from among the ones which present a significant risk to the aquatic environment has been drawn up at European level. This list is set out in Annex X to this Framework-Directive.

Key terms used in the act
Inland waters: all standing or flowing water on the surface of the land, and all groundwater on the landward side of the baseline from which the breadth of territorial waters is measured. Surface water: inland waters, except groundwater, transitional waters and coastal waters, except in respect of chemical status, for which territorial waters are also included. Groundwater: all water which is below the surface of the ground in the saturation zone and in direct contact with the ground or subsoil. Transitional waters: bodies of surface water in the vicinity of river mouths which are partly saline in character as a result of their proximity to coastal waters but which are substantially influenced by freshwater flows. Coastal water: surface water on the landward side of a line every point of which is at a distance of one nautical mile on the seaward side from the nearest point of the baseline from which the breadth of territorial waters is measured, extending where appropriate up to the outer limit of transitional waters. River basin: the area of land from which all surface run-off flows through a sequence of streams, rivers and, possibly, lakes into the sea at a single river mouth, estuary or delta. River basin district: the area of land and sea, made up of one or more neighbouring river basins together with their associated groundwaters and coastal waters, which is identified under Article 3(1) as the main unit for management of river basins.

Key terms used in the act

Inland waters: all standing or flowing water on the surface of the land, and all groundwater on the landward side of the baseline from which the breadth of territorial waters is measured.
Surface water: inland waters, except groundwater, transitional waters and coastal waters, except in respect of chemical status, for which territorial waters are also included.
Groundwater: all water which is below the surface of the ground in the saturation zone and in direct contact with the ground or subsoil.
Transitional waters: bodies of surface water in the vicinity of river mouths which are partly saline in character as a result of their proximity to coastal waters but which are substantially influenced by freshwater flows.
Coastal water: surface water on the landward side of a line every point of which is at a distance of one nautical mile on the seaward side from the nearest point of the baseline from which the breadth of territorial waters is measured, extending where appropriate up to the outer limit of transitional waters.
River basin: the area of land from which all surface run-off flows through a sequence of streams, rivers and, possibly, lakes into the sea at a single river mouth, estuary or delta.
River basin district: the area of land and sea, made up of one or more neighbouring river basins together with their associated groundwaters and coastal waters, which is identified under Article 3(1) as the main unit for management of river basins.

References

Act	Entry into force – Date of expiry	Deadline for transposition in the Member States	Official Journal
Directive 2000/60/EC	22.12.2000	22.12.2003	OJ L 327 of 22.12.2000

Amending act(s)	Entry into force	Deadline for transposition in the Member States	Official Journal
Decision 2455/2001/EC	16.12.2001	–	OJ L 331 of 15.12.2001
Directive 2008/32/EC	21.3.2008	–	OJ L 81 of 20.3.2008
Directive 2009/31/EC	25.6.2009	–	OJ L 140 of 5.6.2009

The successive amendments and corrections to Directive 2000/60/EC have been incorporated in the original text. This consolidated versionis of documentary value only.

AMENDMENT OF ANNEXES

Annex X – List of priority substances in the field of water policy

Directive 2008/105/EC [Official Journal L 348 of 24.12.2008].

Related Acts

Communication from the Commission of 22 March 2007 – Towards sustainable water management in the European Union – First stage in the implementation of the Water Framework Directive 2000/60/EC [COM(2007) 128 final – Not published in the Official Journal].

In this report the Commission sets out the results provided by the Member States concerning the application of the Water Framework Directive. Among other things, it mentions that there is a considerable risk that several Member States will fail to meet the targets set in the Framework Directive, in particular because of the physical deterioration of aquatic ecosystems, especially as a result of overexploitation of water resources and disturbing levels of pollution from diffuse sources. The Commission also indicates that there have been problems with meeting the deadline for incorporating the Framework Directive into national law and shortcomings in the actual transposition process in some cases. However, the establishment of river basin districts and the designation of the competent national authorities seem to be well under way, although progress does still need to be made with regard to international cooperation in some instances. The Commission also indicates that there are considerable differences in the quality of the environmental and economic assessments made in respect of river basins as well as shortcomings in the economic analyses carried out. The Commission finishes by making a number of recommendations to the Member States with a view to making good the shortcomings reported, integrating sustainable management of water into other national policies and making the most of public participation, and gives advance notice of what it plans to do in future in the context of European water management policy.

Report from the Commission of 1 April 2009 published in accordance with article 18.3 of the Water Framework Directive 2000/60/EC on programmes for monitoring of water status [COM(2009) 156 final – Not published in the Official Journal].

Water Protection and Management in other Legal Encyclopedias

Klamath Basin Water Supply Enhancement Act of 2000 – American Legal Encyclopedia

Coastal Zone Management Act Of 1972 in the American Legal Encyclopedia

Protection of the aquatic environment against discharges of dangerous substances

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Protection of the aquatic environment against discharges of dangerous substances

Outline of the Community (European Union) legislation about Protection of the aquatic environment against discharges of dangerous substances

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Environment > Water protection and management

Protection of the aquatic environment against discharges of dangerous substances (until 2013)

Document or Iniciative

Directive 2006/11/EC of the European Parliament and of the Council of 15 February 2006 on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community (Codified version).

Summary

This Directive lays down rules for protection against, and prevention of, pollution resulting from the discharge of certain substances into the aquatic environment. It applies to inland surface water, territorial waters and internal coastal waters.

Two lists of dangerous substances have been compiled to combat pollution:

discharge of substances in list I must be eliminated; while
discharge of substances in list II must be reduced.

Pursuant to Annex IX of the Water Framework Directive (Directive 2000/60/EC), quality objectives and emission limit values are established by the “daughter directives” of Directive 2006/11/EC. Moreover, emission limit values for pollutants must be based on the best available techniques in line with Article 10 of Framework Directive 2000/60/EC.

All discharges of substances included in list I require prior authorisation by the competent authority in the Member State concerned. The authorisation is granted for a limited period and lays down emission standards which may be more stringent than the thresholds set by Community legislation, particularly to take account of the toxicity or persistence of the substance in the environment into which it is discharged. It is up to the Member States to ensure compliance with the emission standards.

For the substances on list II, the Member States adopt and implement programmes to preserve and improve water quality. All discharges are subject to prior authorisation by the competent authority in the Member State concerned that lays down the emission standards.

The Member States draw up an inventory of the discharges into the waters covered by this Directive and may take more severe measures than those laid down by Community legislation to reduce or eliminate pollution caused by dangerous substances.

The Directive lays down a procedure for revising and adding to the lists or transferring specific substances from list II to list I.

Before 22 December 2012, Member States may carry out surveillance and notification pursuant to Articles 5, 8 and 15 of the Water Framework Directive.

Background

This Directive codifies and replaces Directive 76/464/EEC and its subsequent amendments. This codification leads to the clarification and rationalisation of legislation. It takes into account the adoption of the water framework Directive and the international conventions on the protection of water courses and the marine environment.

The Directive is repealed by the Water Framework Directive as from 22 December 2013.

References

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Directive 2006/11/EC	24.4.2006	–	OJ L 64 of 4.4.2006

Related Acts

Environmental quality standards

Council Directive 82/176/EEC [Official Journal L 81 of 27.3.1982].

This Directive sets limit values and quality objectives for mercury discharges by the chlor-alkali electrolysis industry].
See consolidated version .

Council Directive 83/513/EEC [Official Journal L 291 of 24.10.1983]
This Directive sets limit values and quality objectives for cadmium discharges in the aquatic environment.
See consolidated version .

Council Directive 84/156/EEC [Official Journal L 74 of 17.3.1984]

This Directive sets limit values and quality objectives for mercury discharges in sectors other than the chlor-alkali electrolysis industry.
See consolidated version .

Council Directive [Official Journal L 274 of 17.10.1984].
This Directive sets limit values and quality objectives for discharges of hexachlorocyclohexane in the aquatic environment.

See consolidated version .

Council Directive 86/280/EEC [Official Journal L 181 of 4.7.1986]. This Directive sets limit values and quality objectives for discharges of certain dangerous substances included in List I of the Annex to Directive 2006/11/EC.

See consolidated version .

Directive 2008/105/CE of the European Parliament and of the Council of 16 December 2008 on environmental quality standards in the field of water, amending and repealing Council Directives 82/176/EEC, 83/513/EEC, 84/156/EEC, 84/491/EEC, 86/280/EEC and amending Directive [Official Journal L 348 of 24.12.2008].
This Directive establishes environmental quality standards (EQS) in the field of water. These quality standards aim to combat surface water pollution by 33 priority chemical substances (Annex II). This Directive provides in particular for:

an amendment of the list of priority substances and the corresponding EQS;
transparent criteria to designate so-called “mixing” zones, within which standards may be exceeded under certain conditions;
the preparation of an inventory of emissions, discharges and losses. This inventory will be used to prepare the Commission Report which will check progress achieved in reducing or ceasing emissions of pollutant substances by 2018.

The Directive supplements the legislative framework introduced by the Water Framework Directive. It allows decisions to be made at all levels of governance. Member States have until December 2009 to prepare plans for the management of hydrographical districts and programmes of measures relating thereto.

Improvement of information

Directive 91/692/EEC [Official Journal L 377 of 31.12.1991].

This Directive aims at rationalizing and improving on a sectoral basis the provisions on the transmission of information and the publication of reports concerning certain Community Directives on the protection of the environment.

Decision 92/446/EEC [Official Journal L 247 of 27.8.1992].

This Decision draws up the outlines of questionnaires needed to monitor the implementation of and compliance with the provisions of all Directives in the water sector, including Directives 76/464/EEC, 82/176/EEC, 83/513/EEC, 84/156/EEC, 84/491/EEC and 86/280/EEC.

Transfer Register

Regulation (EC) No 166/2006 [Official Journal OJ L 33 of 4.2.2006].
The EU introduces a European Pollutant Release and Transfer Register to improve access by the public to information and, in the long term, contribute to preventing and reducing pollution.

Industrial emissions

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Industrial emissions

Outline of the Community (European Union) legislation about Industrial emissions

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Environment > Air pollution

Industrial emissions

Document or Iniciative

Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control).

Summary

This Directive brings together Directive 2008/1/EC (the ‘IPPC Directive’) and six other directives in a single directive on industrial emissions.

Sectors of activity

This Directive shall cover industrial activities with a major pollution potential, defined in Annex I to the Directive (energy industries, production and processing of metals, mineral industry, chemical industry, waste management, rearing of animals, etc.).

The Directive shall contain special provisions for the following installations:

combustion plants (≥ 50 MW);
waste incineration or co-incineration plants;
certain installations and activities using organic solvents;
installations producing titanium dioxide.

This Directive shall not apply to research activities, development activities or the testing of new products and processes.

Environmental requirements

Any industrial installation which carries out the activities listed in Annex I to the Directive must meet certain basic obligations:

preventive measures are taken against pollution;
the best available techniques (BAT) are applied;
no significant pollution is caused;
waste is reduced, recycled or disposed of in the manner which creates least pollution;
energy efficiency is maximised;
accidents are prevented and their impact limited;
sites are remediated when the activities come to an end.

Application of best available techniques

Industrial installations must use the best available techniques to achieve a high general level of protection of the environment as a whole, which are developed on a scale which allows implementation in the relevant industrial sector, under economically and technically viable conditions. The European Commission must adopt BAT conclusions containing the emission levels associated with the BAT. These conclusions shall serve as a reference for the drawing up of permit conditions.

Permit conditions

The permit must provide for the necessary measures to ensure compliance with the operator’s basic obligations and environmental quality standards. These measures shall comprise at least:

emission limit values for polluting substances;
rules guaranteeing protection of soil, water and air;
waste monitoring and management measures;
requirements concerning emission measurement methodology, frequency and evaluation procedure;
an obligation to inform the competent authority of the results of monitoring, at least annually;
requirements concerning the maintenance and surveillance of soil and groundwater;
measures relating to exceptional circumstances (leaks, malfunctions, momentary or definitive stoppages, etc.);
provisions on the minimisation of long-distance or transboundary pollution;
conditions for assessing compliance with the emission limit values.

Special provisions

Special provisions shall apply to combustion plants, waste incineration and co-incineration plants, installations using organic solvents and installations producing titanium dioxide.

The emission limit values for large combustion plants laid down in Annex V to the Directive are generally more stringent than those in Directive 2001/80/EC. A degree of flexibility (Transitional National Plan, limited life time derogation) shall be introduced for existing installations.

For other activities subject to special provisions, the provisions of the current directives have been largely maintained.

Environmental inspections

Member States shall set up a system of environmental inspections of the installations concerned. All installations shall be covered by an environmental inspection plan. The plan shall be regularly reviewed and updated.

Based on the inspection plans, the competent authority shall regularly draw up programmes for routine environmental inspections, including the frequency of site visits for different types of installations. The period between two site visits shall be based on a systematic appraisal of the environmental risks of the installations concerned. It shall not exceed one year for installations posing the highest risks and three years for installations posing the lowest risks.

Repeal

Directive 2010/75/EU replaces definitively,

with effect from 7 January 2014:
1. Directive 78/176/EEC on titanium dioxide industrial waste;
2. Directive 82/883/EEC on the surveillance and monitoring of titanium dioxide waste;
3. Directive 92/112/EEC on the reduction of titanium dioxide industrial waste;
4. Directive 1999/13/EC on reducing emissions of volatile organic compounds (VOCs);
5. Directive 2000/76/EC on waste incineration;
6. Directive 2008/1/EC concerning integrated pollution prevention and control;
with effect from 1^er January 2016:
1. Directive 2001/80/EC on the limitation of emissions of certain pollutants from large combustion plants.

References

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Directive 2010/75/EU	6.1.2011	7.1.2013	OJ L 334 of 17.12.2010

Integrated pollution prevention and control

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Integrated pollution prevention and control

Outline of the Community (European Union) legislation about Integrated pollution prevention and control

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Environment > Air pollution

Integrated pollution prevention and control (until 2013)

Document or Iniciative

Directive 2008/1/EC of the European Parliament and of the Council of 15 January 2008 concerning integrated pollution prevention and control.

Summary

This Directive (“the IPPC Directive”) requires industrial and agricultural activities with a high pollution potential to have a permit. This permit can only be issued if certain environmental conditions are met, so that the companies themselves bear responsibility for preventing and reducing any pollution they may cause.

Integrated pollution prevention and control concerns new or existing industrial and agricultural activities with a high pollution potential, as defined in Annex I to the Directive (energy industries, production and processing of metals, mineral industry, chemical industry, waste management, livestock farming, etc.).

Mandatory environmental conditions

In order to receive a permit an industrial or agricultural installation must comply with certain basic obligations. In particular, it must:

use all appropriate pollution-prevention measures, namely the best available techniques (which produce the least waste, use less hazardous substances, enable the substances generated to be recovered and recycled, etc.);
prevent all large-scale pollution;
prevent, recycle or dispose of waste in the least polluting way possible;
use energy efficiently;
ensure accident prevention and damage limitation;
return sites to their original state when the activity is over.

In addition, the decision to issue a permit must contain a number of specific requirements, including:

emission limit values for polluting substances (with the exception of greenhouse gases if the emission trading scheme applies – see below);
any soil, water and air protection measures required;
waste management measures;
measures to be taken in exceptional circumstances (leaks, malfunctions, temporary or permanent stoppages, etc.);
minimisation of long-distance or transboundary pollution;
release monitoring;
all other appropriate measures.

In order to coordinate the permit process required under the Directive and the greenhouse gas emission trading scheme, a permit issued in compliance with the Directive is not obliged to contain the emission limit values for greenhouse gases if these gases are subject to an emission trading scheme, provided there is no local pollution problem. The competent authorities can also decide not to impose energy efficiency measures targeted at combustion plants.

Permit applications

All permit applications must be sent to the competent authority of the Member State concerned, which will then decide whether or not to authorise the activity. Applications must include information on the following points:

a description of the installation and the nature and scale of its activities as well as its site conditions;
the materials, substances and energy used or generated;
the sources of emissions from the installation, and the nature and quantities of foreseeable emissions into each medium, as well as their effects on the environment;
the proposed technology and other techniques for preventing or reducing emissions from the installation;
measures for the prevention and recovery of waste;
measures planned to monitor emissions;
possible alternative solutions.

Without infringing the rules and practice of commercial and industrial secrecy, this information must be made available to interested parties:

the public, using the appropriate means (including electronically) and at the same time as information concerning the procedure for licensing the activity, the contact details of the authority responsible for authorising or rejecting the project and the possibility for the public to take part in the licensing process;
the other Member States, if the project is likely to have cross-border effects. Each Member State must submit this information to interested parties in its territory so that they can give their opinion.

Sufficient time must be allowed for all interested parties to react. Their opinions must be taken into account in the licensing procedure.

Administrative and monitoring measures

The decision to license or reject a project, the arguments on which this decision is based and possible measures to reduce the negative impact of the project must be made public and sent to the other Member States concerned. The Member States must, in accordance with their relevant national legislation, make provision for interested parties to challenge this decision in the courts.

The Member States are responsible for inspecting industrial installations and ensuring they comply with the Directive. An exchange of information on best available techniques (serving as a basis for setting emission limit values) is held regularly between the Commission, the Member States and the industries concerned. Reports on the implementation of the Directive are drawn up every three years.

Regulation (EC) No 166/2006, which establishes a European Pollutant Release and Transfer Register (PRTR), harmonises the rules whereby Member States have to regularly report information on pollutants to the Commission.

Background

Directive 2008/1/EC is replaced by Directive 2010/75/EU on industrial emissions. However, its provisions remain applicable until 6 January 2014.

References

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Directive 2008/1/EC	18.2.2008	–	OJ L 24, 29.1.2008

The successive amendments and corrections to Directive 2008/1/EC have been incorporated into the basic text. This consolidated versionis for information only.

Related Acts

Report from the Commission of 25 October 2010 on the implementation of Directive 2008/1/EC concerning integrated pollution prevention and control and Directive 1999/13/EC on the limitation of emissions of volatile organic compounds due to the use of organic solvents in certain activities and installations [COM(2010) 593 – Not published in the Official Journal].

Promotion of the use of energy from renewable sources

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Promotion of the use of energy from renewable sources

Outline of the Community (European Union) legislation about Promotion of the use of energy from renewable sources

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Environment > Tackling climate change

Promotion of the use of energy from renewable sources

Document or Iniciative

Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directives 2001/77/EC and 2003/30/EC (Text with EEA relevance).

Summary

This Directive establishes a common framework for the production and promotion of energy from renewable sources.

National targets and measures

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 ’20-20-20′ goal for the Community.

Moreover, 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.

National renewable energy action plans

The Member States are to establish national action plans which set the share of energy from renewable sources consumed in transport, as well as in the production of electricity and heating, for 2020. These action plans must take into account the effects of other energy efficiency measures on final energy consumption (the higher the reduction in energy consumption, the less energy from renewable sources will be required to meet the target). These plans will also establish procedures for the reform of planning and pricing schemes and access to electricity networks, promoting energy from renewable sources.

Cooperation between Member States

Member States can “exchange” an amount of energy from renewable sources using a statistical transfer, and set up joint projects concerning the production of electricity and heating from renewable sources.

It is also possible to establish cooperation with third countries. The following conditions must be met:

the electricity must be consumed in the Community;
the electricity must be produced by a newly constructed installation (after June 2009);
the quantity of electricity produced and exported must not benefit from any other support.

Guarantee of origin

Each Member State must be able to guarantee the origin of electricity, heating and cooling produced from renewable energy sources. The information contained in these guarantees of origin is normalised and should be recognised in all Member States. It may also be used to provide consumers with information on the composition of the different electricity sources.

Access to and operation of the grids

Member States should build the necessary infrastructures for energy from renewable sources in the transport sector. To this end, they should:

ensure that operators guarantee the transport and distribution of electricity from renewable sources;
provide for priority access for this type of energy.

Biofuels and bioliquids

The Directive takes into account energy from biofuels and bioliquids. The latter should contribute to a reduction of at least 35 % of greenhouse gas emissions in order to be taken into account. From 1 January 2017, their share in emissions savings should be increased to 50 %.

Biofuels and bioliquids are produced using raw materials coming from outside or within the Community. Biofuels and bioliquids should not be produced using raw materials from land with high biodiversity value or with high carbon stock. To benefit from financial support, they must be qualified as “sustainable” in accordance with the criteria of this Directive.

Context

The Directive is part of a package of energy and climate change legislation which provides a legislative framework for Community targets for greenhouse gas emission savings. It encourages energy efficiency, energy consumption from renewable sources, the improvement of energy supply and the economic stimulation of a dynamic sector in which Europe is setting an example.

References

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Directive 2009/28/EC	25.6.2009	5.12.2010	OJ l140 of 5.6.2009

Related Act

Report from the Commission of 25 February 2010 to the Council and the European Parliament on sustainability requirements for the use of solid and gaseous biomass sources in electricity, heating and cooling [COM(2010) 11 final – Not published in the Official Journal]

This Report is accompanied by an impact assessment (SEC(2010)65 ) and a summary of the impact assessment (SEC(2010)66 ).
This Report sets out the results of the assessment carried out by the Commission on the requirements for a sustainability scheme for energy uses of biomass other than biofuels and
bioliquids (i.e. solid and gaseous fuels in electricity, heating and cooling).
In its analysis of requirements for extending the EU sustainability scheme of solid and gaseous biomass in electricity, heating and cooling, the Commission has considered three principles which a European-wide policy on biomass sustainability has to meet:

effectiveness in dealing with problems of sustainable biomass use;
cost-efficiency in meeting the objectives;
consistency with existing policies.

Based on this analysis, the Report concludes that at this stage it is not necessary to establish a binding and harmonised European scheme in this area. The existing measures are sufficient for ensuring that solid and gaseous biomass consumed at EU level in the electricity heating and cooling sectors is sustainable.
However, the Commission makes recommendations related to sustainability and strongly encourages Member States to take them into account in order to ensure consistency between existing or future national sustainability schemes. The recommendations are mainly based on the sustainability scheme included in Directive 2009/28/EC on biofuels and bioliquids.
The Commission specifies that between now and 31 December 2011, it will report on whether national schemes have sufficiently addressed the sustainability issues related to the use of biomass from inside and outside the EU and whether these schemes have led to barriers to trade and barriers to the development of the bio-energy sector. It will consider if additional measures such as common sustainability criteria at EU level would be appropriate.

Emissions from heavy duty vehicles : certification rules

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Emissions from heavy duty vehicles : certification rules

Outline of the Community (European Union) legislation about Emissions from heavy duty vehicles : certification rules

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Environment > Air pollution

Emissions from heavy duty vehicles (Euro VI): certification rules

Document or Iniciative

Regulation (EC) No 595/2009 of the European Parliament and of the Council of 18 June 2009 on type-approval of motor vehicles and engines with respect to emissions from heavy duty vehicles (Euro VI) and on access to vehicle repair and maintenance information and amending Regulation (EC) No 715/2007 and Directive 2007/46/EC and repealing Directives 80/1269/EEC, 2005/55/EC and 2005/78/EC (Text with EEA relevance).

Summary

This Regulation defines the legal framework for type-approval of motor vehicles, engines and replacement parts with respect to their emissions. It also establishes rules on:

in-service conformity of vehicles and engines;
durability of pollution control devices;
on-board diagnostic (OBD) systems and accessibility of information;
measurement of fuel consumption;
CO₂ emissions.

This Regulation applies to motor vehicles of categories M1, M2, N1 and N2 (see Annex II of Directive 2007/46/EC).

Obligations of the manufacturers

Manufacturers must be able to demonstrate that all new vehicles, engines or spare parts sold, registered or put into service within the Community have been EC type-approved.

Manufacturers must also implement technical measures to guarantee effective limitation of tailpipe emissions.

This Regulation also establishes conditions for pollution control devices according to a mileage and life cycle specific to each vehicle category.

Requirements and tests

Manufacturers must equip their vehicles or engines with components that ensure compliance with the emission limits laid down in Annex I of this Regulation.

The European Commission lays down provisions to ensure compliance with emission limits – mainly measures concerning tailpipe emissions *, pollution control devices, reference fuels and the measurement of engine power.

Access to information

Vehicle manufacturers must guarantee independent operators * access to information on on-board diagnostic (OBD) * systems, and on diagnostic equipment, tools or software.

Manufacturers are also responsible for providing information on vehicle repairs and maintenance *. The final manufacturer shall be responsible for communicating information about the whole vehicle.

The information should be made available on the websites of manufacturers, or, if this is not feasible, in another appropriate format.

Timetable

National authorities shall no longer grant Community or national type-approval for vehicles that do not comply with this Regulation as from 31 December 2012. They are also to prohibit the registration of new vehicles that do not comply with this Regulation as from 31 December 2013.

Financial incentives

Member States may grant financial incentives for the purchase of motor vehicles produced in series which comply with this Regulation until 31 December 2013. Retrofitting measures may also be considered either to adapt in-use motor vehicles or for scrapping.

The amount of the financial incentives shall be equal to the additional cost of the technical measures introduced to ensure compliance of the vehicle with emission limits.

This Regulation repeals Directives 80/1269/EEC, 2005/55/EC and 2005/78/EC with effect from 31 December 2013.

Context

The Sixth Community Environment Action Programme highlights the need to reduce air pollution. This Regulation contributes to the Union’s objectives in terms of air quality by establishing a system which constrains the automobile industry to limit the vehicle emissions that it produces.

Key terms of the Act

Tailpipe emissions: emissions of gaseous and particulate pollutants;
On-Board Diagnostic (OBD) system: a system on board a vehicle or connected to an engine which has the capability of detecting malfunctions, and, if applicable, of indicating their occurrence by means of an alert system, of identifying the likely area of malfunction by means of information stored in computer memory, and of communicating that information off-board;
Vehicle repair and maintenance information: all information required for diagnosis, servicing, inspection, periodic monitoring, repair, re-programming or re-initialising or the remote diagnostic support of the vehicle and which the manufacturers provide for their authorised dealers and repairers, including all subsequent amendments and supplements to such information. This information includes all information required for fitting parts or equipment onto vehicles;
Independent operator: undertakings other than authorised dealers and repairers which are directly or indirectly involved in the repair and maintenance of motor vehicles, in particular repairers, manufacturers or distributors of repair equipment, tools or spare parts, publishers of technical information, automobile clubs, roadside assistance operators, operators offering inspection and testing services, operators offering training for installers, manufacturers and repairers of equipment for alternative fuel vehicles.

Reference

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Regulation (EC) No 595/2009	7.8.2009	–	OJ L 188 of 18.7.2009

This summary is for information only. It is not designed to interpret or replace the reference document, which remains the only binding legal text.

Reduction in CO? emissions of new passenger cars

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Reduction in CO? emissions of new passenger cars

Outline of the Community (European Union) legislation about Reduction in CO? emissions of new passenger cars

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Environment > Air pollution

Reduction in CO? emissions of new passenger cars

Document or Iniciative

Regulation (EC) No 443/2009 of the European Parliament and of the Council of 23 April 2009 setting emission performance standards for new passenger cars as part of the Community’s integrated approach to reduce CO? emissions from light-duty vehicles (Text with EEA relevance).

Summary

This Regulation sets standards to frame the CO? emissions of new passenger cars. The limit set by the Regulation is 130 g of CO?/km. From 2020, this level is to be reduced to 95 g of CO?.

Types of vehicles concerned by the Regulation

The Regulation shall apply to vehicles of category M1 as defined in Annex II to the Directive on the type-approval of motor vehicles which are registered in the European Union (EU) for the first time and which have not previously been registered in a third country.

Specific emissions targets

Manufacturers of vehicles have average CO? emission targets, the formulae for which are set out in Annex I to this Regulation.

For each manufacturer, the following percentages of passenger cars are taken into account in order to determine average specific emissions of CO?:

65 % in 2012;
75 % in 2013;
80 % in 2014;
100 % from 2015 onwards.

This Regulation includes specific provisions for vehicles running on a mixture of fuel with 85 % ethanol (E85). In order to determine whether a manufacturer meets their CO? emission targets, the percentage of specific emissions for this type of vehicle is to be reduced by 5 % by 31 December 2015. This reduction target is only applicable if at least 30 % of the service stations in the Member State where the vehicle is registered are able to offer this type of biofuel.

In order to create incentives for the car industry to invest in new technologies, super-credits encourage the development of cars generating less emissions than traditional cars. In calculating the average specific emissions of CO?, each new passenger car with specific emissions of CO? of less than 50 g/km shall be counted as:

3.5 cars in 2012,
3.5 cars in 2013,
2.5 cars in 2014,
1.5 cars in 2015,
1 car from 2016.

Pools of manufacturers

In order to meet targets for specific emissions, manufacturers may form pools. To do this, they shall send the European Commission an information file including the list of participating manufacturers, the name of the manufacturer nominated as pool manager and proof that the latter has the capacity to fulfil their duties.

The members of the pool shall exchange data relating to:

the average specific emissions of CO?;
the specific emissions target;
the total number of vehicles registered.

Monitoring and reporting of average emissions

Member States shall be responsible for collecting data for each new passenger car registered in their territory. They shall send the Commission the following information concerning these vehicles:

their number;
their average specific emissions;
their average mass;
their distribution;
their footprint.

The Commission shall keep a publicly available central register of this data and for each manufacturer shall provisionally calculate:

the average specific emissions of CO? in the preceding calendar year;
the specific emissions target in the preceding calendar year;
the difference between its average specific emissions of CO? in the preceding calendar year and its specific emissions target for that year.

Excess emissions premium

From 2012, manufacturers must pay an additional premium if they exceed their specific emissions target. From 2019, this premium will be calculated in a different way.

Derogations for certain manufacturers

Manufacturers may apply to the Commission for a derogation in the following cases:

they produce fewer than 10,000 new passenger cars registered in the EU;
they do not belong to a pool of manufacturers;
they belong to a pool of manufacturers which represents fewer than 10,000 new passenger cars registered in the EU;
they are part of a pool of manufacturers but operate their own production facilities and design centre.

The Commission may grant a derogation for a period of five years.

Eco-innovation

Suppliers and manufacturers may introduce innovative technologies to reduce CO? emissions. The total contribution of these technologies may reach a maximum of 7 g of CO?/km.

The Commission will re-examine specific emission targets by 1 January 2013 at the latest.

This Regulation repeals Decision No 1753/2000/EC.

Reference

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Regulation (EC) No 443/2009	8.6.2009	–	OJ L 140 of 5.6.2009

Related Act(S)

Commission Regulation (EU) No 1014/2010 on monitoring and reporting of data on the registration of new passenger cars pursuant to Regulation (EC) No 443/2009 of the European Parliament and of the Council (Text with EEA relevance).

This Regulation lays down guidelines relating to the collection and reporting of data about each new passenger car. These data are to be used in determining the specific CO? emissions target and in assessing whether manufacturers comply with that target.
These data are based on the information contained in the certificate of conformity of the passenger car concerned. They also concern vehicles which:

generate low CO? emissions;
run on ethanol;
are equipped with innovative technologies.

Non-road mobile machinery: gaseous pollutants

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Non-road mobile machinery: gaseous pollutants

Outline of the Community (European Union) legislation about Non-road mobile machinery: gaseous pollutants

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Environment > Air pollution

Non-road mobile machinery: gaseous pollutants

Document or Iniciative

Directive 97/68/EC of the European Parliament and of the Council of 16 December 1997 on the approximation of the laws of the Member States relating to measures against the emission of gaseous and particulate pollutants from internal combustion engines to be installed in non-road mobile machinery [See amending act(s)].

Summary

The purpose of this Directive is to approximate the laws of the Member States with regard to:

emission standards;
type-approval procedures for engines intended to be fitted to non-road mobile machinery.

For the purposes of the Directive:

“non-road mobile machinery” means any mobile machine, transportable industrial equipment or vehicle with or without bodywork that is not intended to be used to carry goods or passengers on the road, in which an internal combustion engine as specified in Annex I, Section 1 is installed, for example excavators and other construction equipment. This definition to cover locomotives and inland waterway vessels has been extended by Directive 2004/26/EC (see below);
“type approval” means the procedure whereby a Member State certifies that an internal combustion engine type or engine family meets the relevant technical requirements of the Directive with regard to its level of emission of gaseous and particulate pollutants;
“engine type” means a category of engines which do not differ in such essential engine characteristics as specified in Annex II, Appendix 1);
“engine family” means a manufacturer’s range of engines which, as a result of their design, are expected to have similar exhaust-emission characteristics and which comply with the requirements of the Directive.

This Directive applies to compression ignition engines (diesel) and to positive-ignition engines (petrol) which are used in non-road mobile machinery, including locomotives and inland navigation vessels.

Type-approval procedure for engine types or families:

any application for type approval must be submitted by the manufacturer to the approval authority in a Member State. The application should be accompanied by a manufacturer’s information folder (cf. Annex II) [no application in respect of one engine type or engine family may be submitted to more than one Member State (Article 3)];
the Member State receiving the application must grant type approval to all engine types or engine families which conform to the particulars in the information folder and which meet the requirements of Directive 97/68/EC;
an approval certificate must be issued for each engine type or family that has been approved;
each month, the competent authorities in each Member State must send to their counterparts in the other Member States a list of the type approvals by type or family of engine which they have granted, refused or withdrawn during the month in question (Article 4);
any request for amendment or extension of a type approval is to be submitted exclusively to the Member State which carried out the original type approval (Article 5).

The manufacturer must affix the following marks to each unit manufactured:

the trade name or name of the engine’s manufacturer;
the engine type and family, together with an individual engine identification number;
the type approval number.

Member States may not refuse the registration or placing on the market of new engines which meet the requirements of the Directive (Article 8).

Since 30 June 1998 Member States may not refuse to type approve an engine type or family, and may not impose additional approval requirements relating to pollutant emissions if the engine in question meets the conditions laid down in the Directive (Article 9).

The provisions of Article 8 and 9 do not apply:

to engines used by the armed forces;
to engines taken from stocks of end-of-line engines or non-road mobile machinery covered by an exemption under Article 10(2).

Member States are required to provide the Commission with a list of the exemptions granted and the reasons given.

Member States must guarantee that conformity of production is checked effectively before type approval is granted (Article 11).

Engines not meeting the conditions set out in the approval certificate are considered not to conform to the type or family that has been approved. The Member State conducting type approval must take any action needed to ensure that engines in production conform.

The names and addresses of the type approval authorities and of the testing services responsible for matters arising from Directive 97/68/EC must be sent to the Commission and to the other Member States (Article 16).

References

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Directive 97/68/EC	19.3.1998	30.6.1998	OJ L 59 of 27.2.1998

Amending act(s)	Entry into force	Deadline for transposition in the Member States	Official Journal
Directive 2001/63/EC	12.9.2001	30.6.2002	OJ L 227 of 23.8.2001
Directive 2002/88/EC	11.2.2003	11.8.2004	OJ L 35 of 11.2.2003
Directive 2004/26/EC	20.5.2004	30.4.2005	OJ L 146 of 30.4.2004
Directive 2006/105/EC	1.1.2007	1.1.2007	OJ L 363 of 20.12.2006
Regulation (EC) No 596/2009	7.8.2009	–	OJ L 188 of 18.7.2009
Directive 2010/26/EU	1.4.2010	31.3.2011	OJ L 86 of 1.4.2010
Directive 2010/88/EU	16.11.2012	24.11.2012	OJ L 305 of 23.11.2011

The successive amendments and corrections to Directive 97/68/EC have been incorporated in the original text. This consolidated versionis of documentary value only.

Clean and energy-efficient road transport vehicles

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Clean and energy-efficient road transport vehicles

Outline of the Community (European Union) legislation about Clean and energy-efficient road transport vehicles

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Environment > Air pollution

Clean and energy-efficient road transport vehicles

Document or Iniciative

Directive 2009/33/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of clean and energy-efficient road transport vehicles (Text with EEA relevance).

Summary

This Directive aims at promoting and stimulating the development of a market for clean and energy-efficient vehicles. With regard to procurement for public transport, the Directive requires public authorities and some other operators to take into account the impact of these vehicles during their operational lifetime in terms of energy consumption, CO₂ emissions and other pollutant emissions.

Scope

The Directive applies to contracts for the purchase of road transport vehicles entered into by:

contracting authorities and contracting entities;
operators for the discharge of public service obligations under a public service contract.

Purchase of clean and energy-efficient road transport vehicles

Member States shall ensure that contracting authorities, contracting entities and operators under a public service contract take into account the operational lifetime energy and environmental impacts when purchasing road transport vehicles.

Energy and environmental impacts include:

energy consumption;
emissions of CO₂;
emissions of NOx, NMHC and particulate matter.

In order to fulfil this requirement to take into account the environmental impact of vehicles, contracting authorities, contracting entities and operators of public transport services can choose to set technical specifications for energy and environmental performance in the documentation established when the vehicle is purchased or to include energy and environmental impacts in the purchasing decision.

Methodology for the calculation of operational lifetime costs

The Directive provides for a methodology for calculation which monetises the cost of energy consumption, C0₂ emissions and pollutant emissions during a vehicle’s operational lifetime.

The operational lifetime cost of the energy consumption of a vehicle is calculated using the following method:

fuel consumption per kilometre is calculated in units of energy consumption per kilometre;
the calculation uses a single monetary value per unit of energy;
the operational lifetime cost of the energy consumption of a vehicle is calculated by multiplying the mileage already performed by energy consumption, and then by the cost per unit of energy.

The cost of CO₂ emissions is calculated by multiplying the mileage already performed by CO₂ emissions in kilograms per kilometre, and then by the cost per kilogram.

The cost of pollutant emissions is obtained by adding the costs related to emissions of NOx, HCNM and particulate matter.

Best practice exchange

The Commission must encourage exchange of knowledge and best practice between Member States with regard to promoting the purchase of clean and energy-efficient road transport vehicles.

Context

Greenhouse gas emissions and the pollution due to transport are among the main obstacles to sustainable development, as identified by the Gothenburg European Council of 15 and 16 June 2001. Efforts must be made in this sector in order to implement the 2020 targets for energy efficiency, the use of renewable energy and the reduction of greenhouse gas emissions. The promotion and development of markets for cleaner, smarter, safer and energy-efficient vehicles represents one of the ways to meet these objectives.

REFERENCES

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Directive 2009/33/EC	4.6.2009	4.12.2010	OJ L 120 of 15.5.2009

Environment Policy Review – 2008

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Environment Policy Review – 2008

Outline of the Community (European Union) legislation about Environment Policy Review – 2008

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Environment > General provisions

Environment Policy Review – 2008

The 2008 Environment Policy Review reports on the progress made in European Union (EU) policy during 2008 and analyses future challenges.

Document or Iniciative

Communication from the Commission to the Council and the European Parliament of 24 June 2009: 2008 Environment Policy Review [COM(2009) 304 final Not published in the Official Journal].

Summary

The environment is at the top of the policy agenda. This transversal policy can help the European Union (EU) to emerge from the global economic and financial crisis which affected the European continent in 2008, by paving the way for low-carbon growth and enhancing energy efficiency.

In this Communication, the Commission reviews the events which marked EU environment policy during 2008. It describes in particular the progress made in the four priority areas established by the Sixth Environment Action Programme: climate change, biodiversity, the environment and health, and the sustainable management of resources and wastes.

The fight against climate change was emphasised in December 2008 by a series of legislative proposals forming the climate-energy package and demonstrating the EU’s commitment to reducing its greenhouse gas emissions by 30 % of 1990 levels by 2020 if other developed countries agreed comparable reductions or by at least 20% if they did not. This package aims at improving the Community greenhouse gas emission allowance trading scheme (EU ETS) and extending it to other greenhouse gases and other sectors. It also includes a proposal aimed at promoting renewable energies and another aimed at the reliable deployment of capture technologies and carbon storage.

Aside from the climate-energy package, the EU adopted other measures relating to climate change to reduceemissions on new vehicles and improve fuel quality.

The negotiation programme established at the Poznan conference in December 2008 should lead to a global agreement on climate change at the December 2009 United Nations Climate Conference in Copenhagen. This agreement will replace the Kyoto Protocol when it expires in 2012.

With regard to the loss of biodiversity, the EU has continued its efforts in accordance with the Community Action Plan aimed at halting the reduction of biological diversity by 2010. The main measures that have been implemented consist of developing the Natura 2000 network by creating new sites in Bulgaria and Romania, and combating the spread of invasive species by proposing a number of strategic options including the creation of a Europe-wide early warning system to report new or emerging species.

In 2008, two initiatives were introduced to protect global forests which contribute to tackling climate change and the reduction in biodiversity. The first is a Regulation framing the timber and timber products market in Europe, and the second is a Communication presenting proposals from the Commission in order to combat tropical deforestation.

In the future, work will be directed at increasing biodiversity protection in the high seas under the Convention on Biological Diversity and related to the work of the International Whaling Commission, and at the prohibition of products from seals sacrificed with disregard for animal welfare rules.

In the area of environment and health, 2008 was marked by the entry into force of the REACH Regulation, aimed at reinforcing safety standards for chemicals produced in or imported into the EU. Other measures have been adopted concerning dangerous substances and mercury. The Directive on ambient air quality and pure air for Europe came into force in June. The Commission presented initiatives for sustainable transport and to reduce industrial emissions.

For 2009, work in the area of the environment and health will be concentrated on the amendment of the Directive on biocidal products and the establishment of new standards for vehicle emissions in order to adapt it to the REACH Regulation.

Concerning the management of naturalresources and waste, EU action relates to the protection of the water cycle (surface water and the marine environment), the development of sustainable production and consumption (ecodesign and the Ecolabel Scheme) and the improvement of waste recycling (ship dismantling, electrical and electronic equipment and bio-waste).

In 2009, the EU plans to introduce an environmental technology verification scheme to boost the confidence of buyers in the performance of new environmental technologies.

In 2008, progress was accomplished towards simplifying environment legislation through the development of programmes intended to improve the implementation of Community environmental laws. The Commission plans to use a broad set of tools to prevent breaches of the law, such as targeted use of Community funds and enhanced pre-accession support for enlargement countries.

Context

This annual activity report is a contribution to the Lisbon Process and the European Sustainable Development Strategy, of which the environment is an essential element.