Eurobrief January 2009

EDITORIAL ETS - The best acheivable compromise: a formidable challenge ahead January 2009 - The Political Agreement reached in December 2008 on the energy and climate change package, all in first reading, was a real “tour de force” of the French Presidency. Regarding the ETS, much of the credit must also be given to Avril Doyle’s work as Rapporteur (EPP-IRL) in the European Parliament on this part of the package.

HEALTH AND SAFETY REACH - ECHA publishes list of pre-registered substances A list of almost 145,000 substances pre-registered by EU firms between June and December 2008 has now been published by ECHA, the European Chemicals Agency.

EU EMISSIONS TRADING SCHEME Climate and energy package adopted The European Parliament formally approved six new climate and energy laws in December, fulfilling the French Presidency’s stated objective of achieving some form of agreement before the end of the year.

HEALTH AND SAFETY REACH enforcement: status Art 126 of REACH requires Member States to notify the European Commission by 1 December 2008 of the provisions for the penalties applicable for REACH infringements.

EU EMISSIONS TRADING SCHEME Implications of Emissions Trading Scheme revision The most significant aspect of the adopted climate change package is Parliament’s endorsement of the heads of governments’ final compromise on revising the EU ETS, reached on 12 December.

WASTE Municipal waste to reduce greenhouse gas emissions Net greenhouse gas emissions from municipal waste management are expected to drop considerably by 2020 because of increased recycling and incineration with energy recovery, says the European Environment Bureau.

EU EMISSIONS TRADING SCHEME CEMBUREAU highlights issue of carbon leakage The issue of carbon leakage - and the vulnerability of industries such as the cement industry – was highlighted during a CEMBUREAU press conference in December 2008.

WASTE Commission in court over shipments of waste Regulation The European Court of Justice (ECJ) heard the European Commission present its case for the annulment of Regulation (EC) No 1013 on shipments of waste (OJ 2006 L 190, p. 1) this month.

EU EMISSIONS TRADING SCHEME EEA publishes review of first EU ETS trading period The European Environment Agency has published a comprehensive report on the implementation of the EU ETS by Member States, following the termination of the first trading period (2005-2007).

CEMBUREAU CEMBUREAU taks part in Sustainable Energy Week CEMBUREAU is pleased to announce three events which it will be hosting, on 9 February, within the context of the European Union Sustainable Energy Week.

EU EMISSIONS TRADING SCHEME Carbon capture and storage technology will not be mandatory Carbon capture and storage technology (CCS) will not be mandatory for fossil fuel power plants in the EU.

OTHER NEWS European Environment Committee to debate EMAS Commission proposals for an eco-management and audit scheme (EMAS) do not go far enough, says Rapporteur Linda McAvan (Party of European Socialists, UK).

EU EMISSIONS TRADING SCHEME Aviation EU ETS Directive published The Directive to include aviation in the EU Emission Trading Scheme (ETS) has been published in the EU’s Official Journal, and will enter into force on 2 February 2009.

EU EMISSIONS TRADING SCHEME ArcelorMittal legal action fails ArcelorMittal has failed in its challenge against the legality of the Emission Trading Directive (ETD).

ENVIRONMENT MEPs vote on IPPC recast proposal Following the adoption in Parliament’s Environment Committee of 63 compromise amendments on the proposal for a Directive on Industrial Emissions (recast) earlier this month, the Czech Presidency has published suggestions for modifications to the Commission’s proposal

ENVIRONMENT Environmental criminal law comes into force Directive 2008/99/EC of 19 November 2008 on Protection of the Environment through Criminal Law has been published in the EU’s Official Journal (OJ).

ENVIRONMENT Commission names new DG Environment Director General The European Commission has named Karl-Friedrich Falkenberg as the new Director General of DG Environment.

BUILDINGS & BUILDING MATERIALS Construction Products Driective revised and turned into a Regulation MEPs met in January to discuss amendments on Articles 4 and 7 of Catherine Neris’ (Party of the European Socialists, France) Report on the proposed replacement of the Construction Products Directive 89/106/EEC by a Regulation ahead of the vote in the Internal Market Committee on 22/1/09.

BUILDINGS & BUILDING MATERIALS Energy Performance of Buildings Directive This proposal was discussed in ITRE Committee earlier this month. Rapporteur Silvia Ticau (Party of European Socialists, Romania) called for greater fiscal incentives, including national programmes of public works needed in addition to credits, loans, tax breaks and VAT cuts.

BUILDINGS & BUILDING MATERIALS New ISO standard for building sector The new International Standard ISO 23045:2008 is designed to help the building sector achieve energy savings by providing it with specific design guidelines.

HEALTH AND SAFETY List of mandatory harmonised classification of dangerous substances updated Annex I of the Dangerous Substances Directive (DSD - Council Directive 67/548/EEC on the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances) has been amended for the 31st time (2009/2/EC).

HEALTH AND SAFETY Classification, labelling and packaging legislation published - GHS Regulation 1272/2008 on the classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006, has been published in the EU’s Official Journal (OJ).