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Implications of EU and National Regulations and the Environment

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Presentation on theme: "Implications of EU and National Regulations and the Environment"— Presentation transcript:

1 Implications of EU and National Regulations and the Environment
Dr Jonathan Derham Head of Climate, Research & Resource Use Programme Environmental Protection Agency Environmental Services Training Group LOCAL AUTHORITY ENVIRONMENT CONFERENCE Hodson Bay Hotel, Athlone, May 2015.

2 Why Regulate ? To Prevent or To Correct
.. an actual or potential environmental harm (including health protection)

3 Environmental Harm Market Failure Failure of the Commons
Public Good V Private Good Natural Monopolies Free Riders Moral hazard Population Economy Education Greed Governance

4 Regulatory Drivers EU Dominant Force in driving Environmental Regulation Common market Health & Wellbeing (e.g. air quality - mortality) Natural Resources Environmental Quality & Biodiversity Climate Change National actions

5 EU Treaties Article 191 (ex Article 174 TEC) 1. Union policy on the environment shall contribute to pursuit of the following objectives: — preserving, protecting and improving the quality of the environment, — protecting human health, — prudent and rational utilisation of natural resources, — promoting measures at international level to deal with regional or worldwide environmental problems, and in particular combating climate change. 2. Union policy on the environment shall aim at a high level of protection taking into account the diversity of situations in the various regions of the Union. It shall be based on the precautionary principle and on the principles that preventive action should be taken, that environmental damage should as a priority be rectified at source and that the polluter should pay. In this context, harmonisation measures answering environmental protection requirements shall include, where appropriate, a safeguard clause allowing Member States to take provisional measures, for non-economic environmental reasons, subject to a procedure of inspection by the Union. [See also Articles 192 and 193]

6 Initiators of Legislative Change
EU Env Action Programme Political & Social Agendas Commission Work Programme Env & Health Assessment & Protection OBJECTIVE Crises ECJ Case Law EU Environmental Action Programmes EU Issue Strategies (e.g. waste strategy) Commission Work Programme European Court of Justice Outcomes Ireland Septic Tanks Waste or By-Product Historical Landfills Contaminated Land Crises SEVESO – Italy Anza Collier Mine in Spain; Baya Mari BSE, Foot & Mouth Politics Single Market Competition law Standard industrial emission norms Etc.. Consequential (Daughter Legislation)

7 EU Waste Policy Map / Timeline - KEY DEVELOPMENTS
1st Waste Directive Incineration Landfill TFS 1 TFS 2 IPPC (2nd) Waste Hazardous Waste OILs Sewage Sludge Directive RoHS Titanium Dioxide Waste Statistics Packaging Waste, Waste Catalogue, Hazardous Waste List WEEE 3rd Waste Batt & Accum Industrial Emissions Directive WEEE II 1975 2005 2000 1980 1995 1990 1985 2010 PRODUCER RESPONSIBILITY INATITIVES (WEEE, ELV, Packaging, PCBs ...) = Strategies

8 Structure of EU Waste Legislation
Incineration, Landfill Packaging, PCBs, RoHS, WEEE, Sewage Sludge, ELVs, etc TFS, Basel Waste Lists, Waste Testing (33/2003), Statistics CLASSIFICATION & REPORTING SUBSTANCE / MATERIAL FRAMEWORK Directive 2008/98/EC TREATMENT MOVEMENT PREVENTION LCA, Eco-design, Green Procurement, IPP, …

9 Inter-relationships with other EU Law
IED Directive EU Statistical Regulations POPs Regulation PRTR Regulations SEA Directive Emissions Trading Directive EIA Directive Water Framework Directive Minimum Inspection Criteria Decision Air Quality Directive A Landfill (Landfill Directive) Groundwater Directive Liability Directive Nitrates Directive Aarhus Regulation ABP Regulations WAC – waste acceptance criteria IPPC – Integrated pollution prevention Control ABP – Animal By-Product EIA – Environmental Impact Assessment PRTR – Pollutant Release & Transfer SEA – Strategic Environmental Assessment ET – Emissions Trading SEVESO Directive Habitats & Birds Directives Waste Acceptance Criteria Decision Public Access to Env. Information Directive EWC Decision

10 Waste Framework Directive & other waste regulation
DUMPING AT SEA EXPLOSIVES CONTAMINATED LAND GENERAL WASTE (WFD) MINING WASTE ANIMAL BY-PRODUCTS RADIOACTIVE WASTE

11 Evolution of the Regulation of Environmental Risk
Resource Protection Exposure Protection Activity Regulation Substance Regulation Behavioural Regulation Product Regulation

12 Regulatory Intervention
The place for Regulation in the Environmental Behavioural Change hierarchy Balance of - Regulation - Demonstration, & - Education - Awareness Regulatory Intervention Early Adopters Followers Persuadables’ Compliers Resistors

13 (COMMERCIAL & INDUSTRIAL)
Regulatory Partners GOVERNMENT WASTE SECTOR PUBLIC Local Authorities BUSINESS (COMMERCIAL & INDUSTRIAL) Agencies NGOs

14 Regulatory Successes (Waste)
Operational Landfills 100+ in late 1990’s to <10 in 2014 Segregated Collection LA led through Permits Producer Responsibility Initiatives WEEE Packaging Plastic bag 100% Compliance with EU targets (32:27:2:3)

15 Regulatory Success

16 PCB Regulations Publication of EPA National Action Plan

17 Air Pollutants Regulation (LCP)
IPPC Licensing Emission Limit Values (Moneypoint) National Emissions Reduction Plan Sulphur limits in Fuel Regulations More Renewables

18 CO2 Emissions Regulation
ETS

19 When we are not sure Research RIA Incrementalism Consultation

20 Challenges Complexity Industrial & SME Burden (‘Red Tape’)
Resources to enforce Scalability Externalities Balance Ex-post analysis Integrated enforcement intelligence

21 Thank You ! Dr Jonathan Derham j.derham@epa.ie
END. Thank You ! Dr Jonathan Derham

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