1. Environment Committee - 2005 Issues Corina Hebestreit The Barytes Association 16 November 2005

2. Outline Waste REACH – Chemicals Policy Water others

3. WASTE Issues Priority IssuesObjectives Mine Waste Directive Replace Landfill Directive Ensure Financial Guarantees are Flexible Ensure Standards are Workable Thematic StrategyTrack & monitor Framework DirectiveTrack & monitor Overall Trend: towards industry position

4. Mine Waste Directive Non-hazardous, non-inert waste may be exempt from key provisions, including the Financial Guarantee. Financial Guarantee «or equivalent » required to cover closure & rehabilitation of the « land within the boundaries of the waste management plan ». Council trying next week to remove the ban on disposal to water-bodies -> otherwise Conciliation. Council trying next week to limit management of flooded voids, to just those containing backfilled waste. CEN Technical Committee 292 Working Group 8 is set up for Characterisation of Extractive Wastes.

5. Revision of Waste Framework Directive The new Directive introduces minimum standards, definition for recovery and "end of waste" criteria. Article 7 (Objectives) lists a number of "zero risk" objectives. The Commission proposes a comitology procedure for setting certain key definitions & minimum standards (???). Annex IV § 1 suggests economic instruments "affecting the availability and price of primary resources“. The Directive gives great weight to Life Cycle Analysis, for which the industry will need to watch that the models are appropriate.

6. REACH Chemicals Policy Priority IssuesMain Activities ScopeExempt natural raw materials ImplementationContribute to Plans (RIPs) 3.5 Downstream User Requirements 3.10 Substance Identity Checks Overall Trend: Towards Registration of ‘Dangerous’ Minerals

7. REACH Chemicals Policy R egistration E valuation A uthorisation of CH emicals (Restriction) Substitution of Authorised chemicals.

8. REACH Proposal IndustryCentral Agency Registration Assess risks. Propose testing. Check completeness Publish. Evaluation Provide further data if required. Develop criteria. (MStates evaluate) Authorisation Submit Applications.Publish applications. Prioritise applications. Draft opinions. (Commission decides) Restriction Assess socio- economics Draft opinions. Publish opinions. (Commission decides)

9. REACH Proposal Amendments have been tabled to exclude; Minerals from Registration & Evaluation. Naturally occuring raw materials going to IPPC installations from Registration, Evaluation & Authorisation. ENVI Committee currently favouring exemption from Registration & Evaluation only if not classed as ‘Dangerous’. Council also favouring exemption from Registration & Evaluation. Any exemptions also likely to depend on whether the material is « chemically modified » or not.

10. EP second reading EP first reading Council first reading Council second reading Council Common position Conciliation procedure AdoptionProposal rejected Adoption 17 Nov ‘05 Dec 2005 Q1 2006 2007 REACH Timeline

11. What are RIPs ? RIP’s = REACH Implementation Projects The aim of the RIP's is to reorient ongoing EU chemicals activity towards REACH and Develop tools and instruments to implement REACH when it comes into force. RIP 3 - Guidance Documents: Development of guidance documents for industry.

12. RIP’s and the REACH Alliance REACH Alliance has organised itself to make sure that the voice of the “inorganics” industry is heard Exchange and identify data needs for the RIP projects Create and develop support networks between the industries Raise interest level in existing and future RIP’s Appoints ‘best expert’ to each of the key RIP’s

13. Timeline for RIPs

14. WATER Issues Priority IssuesMain Activities Groundwater Directive Maintain exemptions for mining activity Prevent pan-European limits (consider natural variation in background levels) Surface Water Directive Prevent pan-European limits (consider natural variation in background levels) Marine StrategyTrack & monitor Overall Trend: towards industry position

15. Groundwater Directive – State of Play EC proposal on a “Directive on the protection of Groundwater against pollution” September 2003 European Parliament adopted its 1st reading opinion 28 April 2005 Council: common position24 June 2005

16. EC proposal on new groundwater daughter directive Good groundwater chemical status Trend identification and reversal Prevent/limit input of pollutants - EU-wide quality standards Thresholds set at MS level for ground waters at risk Link to programme of measures, progressively reduce pollution Direct and indirect discharges - Threshold values to be set for Pb, Cd, As, Hg, Cl & SO 4

17. Surface Water Directive Sets concentration limits for metals at a certain margin above background. Current margins are too small – based on flawed risk assessments for metals. Eurometaux is fighting very hard on this. Leaves specific measures to MStates as one- fits-all-approach is not cost-effective and does not give enough flexibility. Commission due to release the draft in Dec’05

18. OTHER Issues SOIL Thematic Strategy & Directive – monitoring BIODIVERSITY – New Communication due in Dec’05 EPRTR – Data collection for first reporting year (2007) IPPC Review – review of Scope and BREFs AIR Thematic Strategy – regulation of PM2,5 & NO X