European Territorial Cooperation – MED Programme 2007-2013

Strategic Environmental Assessment, Environmental Report – Fourth Draft

LEGISLATION ANNEX: European Environmental Law Website

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Objective/Relevant Action

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International Treaties
Convention on Wetlands of International Importance especially as Waterfowl Habitat (Ramsar, 1971) (Ramsar Convention)
Decision 75/66 concluding the Convention by the Community (OJ L21 of 28 January 1975)
Convention on International Trade in Endangered Species (Washington, 1973) (CITES)
EC is not a party to the Convention, but it was transposed into EC Law by Regulation 3626/82, now replaced by Regulation 338/97 (OJ L61 of 3 March 1997). See also the EC CITES site, with a reference guide on the EC regulations
Convention for the Protection of the Mediterranean Sea against Pollution (Barcelona, 1975) (Barcelona Convention)
Decision 77/585 concluding the Convention by the Community (OJ L240 of 19 September 1977)
Convention on the Conservation of Migratory Species of Wild Animals (Bonn, 1979) (Bonn Convention)
Decision 82/461 concluding the Convention by the Community (OJ L210 of 19 July 1982)
Convention on the Conservation of European Wildlife and Natural Habitats (Berne, 1979) (Berne Convention)
Decision 82/72 concluding the Convention by the Community (OJ L38 of 10 February 1982)
Convention on Long-range Transboundary Air Pollution (Geneva, 1979) (Geneva Convention)
Decision 81/462 concluding the Convention by the Community (OJ L171 of 27 June 1981)
United Nations Convention on the Law of the Sea (Montego Bay, 1982) (Montego Bay Convention)
Decision concluding the Convention by the Community
Convention for the Protection of the Ozone Layer (Vienna, 1985) (Vienna Convention)
Montreal Protocol on substances that depete the ozone layer (Montreal, 1987) (Montreal Protocol)
Decision 88/540 concerning the conclusion of the Vienna Convention and the Montreal Protocol (OJ L297 of 31 October 1988)
Convention on the Control of Transboundary Movements of Hazardous Wastes and their disposal (Basel, 1989) (Basel Convention)
Decision 93/98 concluding the Convention by the Community (OJ L39 of 16 February 1993)
Convention on Environmental Impact Assessment in a Transboundary Context (Espoo, 1991) (Espoo Convention)
Decision for a Council Decision concerning the conclusion of the Convention by the Community (OJ C104 of 24 April 1992)
Framework Convention on Climate Change (Rio de Janeiro, 1992)
Kyoto Protocol (Kyoto, 1998)
Decision 94/69 concluding the Convention by the Community (OJ L33 of 7 February 1994) and Annex b to the ratification decision. The Kyoto Protocol, hindered by the pulling out of the USA, will probably enter into force in the beginning of 2005, as Russian Parliament on 22 October 2004 voted in favour of ratification.
Directive 2003/87/EC of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC. See for further details on EC climate policy the Commission’s website.
According to the report “Greenhouse gas emission trends and projections in Europe” of the European Environment Agency (EEA), the EU and many Member States will probably fail to meet their promises on cutting greenhouse gases. / Scheme for greenhouse gas emission allowance trading
Meet their promises on cutting greenhouse gases
Convention on Biological Diversity (Rio de Janeiro 1992) (Biodiversity Convention)
Decision 93/626 concluding the Convention by the Community (OJ L309 of 13 December 1993)
Biosafety protocol
Convention on the Transboundary Effects of Industrial Accidents (Helsinki, 1992) (Helsinki Convention)
Decision 98/685/EC concluding the Convention by the Community (OJ 1998 L 326, p. 1)
Convention on Civil Liability for Damage Resulting from Activities Dangerous to the Environment (Lugano, 1993) (Lugano Convention)
Decision concluding the Convention by the Community (OJ L of 19)
Convention to Combat Desertification (Paris, 1994) (CCD Convention)
Decision 98/216/EC concluding the Convention by the Community (OJ 1998 L 83, p. 1)
Proposal for a convention on access to information, public participation in decision making and access to justice in environmental matters
At its tenth session (3-6 March 1998), the Ad Hoc Working Group finalized the draft Convention. It was endorsed by the ECE Committee on Environmental Policy at its special session on 16-18 March 1998 for adoption and signature by the Ministers at the Conference in Århus on 25 June 1998.
Convention on Access to Information, Public Participation in Decision-Making and Access to Justice regarding Environmental Matters (Århus, 1998) (Århus Convention)
Decision 2005/370/EC of 17 February 2005 concluding the Convention.
Several reservations are made by the EC, notably where it concerns access to justice and access to information.
Proposal for a Regulation of the European Parliament and of the Council on the application of the provisions of the Århus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters to EC institutions and bodies/* COM/2003/0622 final
Cartagena Protocol on Biosafety to the Convention on Biological Diversity; Montreal, 29-01-2000
Convention on Persistent Organic Pollutants (POPs) (Stockholm Convention 2004)
By ratifying the Convention, the EU gave itself new powers to further pursue abolition of toxic chemicals.
Parliament and Council Directive 2004/35/CE of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage
A piece of EC legislation aimed at preventing environmental damage by forcing industrial polluters to pay prevention and remediation costs. /

Preventing environmental damage

Parliament and Council Directive 2003/4/EC of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC
Considering technical developments, directive 2003/4 secures the right of access to environmental information for the public and a highly electronic availability / Access to environmental information for the public and a highly electronic availability
Council Directive 96/61 of 24 September 1996 concerning Integrated Pollution Prevention and Control (IPPC)
To achieve integrated prevention and control of pollution, this directive lays down measures, designed to prevent or reduce emissions, pollution and waste, without prejudice to the abovementioned directive 1985/337/EEC. / Integrated prevention and control of pollution
DANGEROUS SUBSTANCES
Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006.
On 18 December 2006 the Council approved the new REACH deal, after the European Parliament had already voted in favour on 13 December 2006. The new rules on the registration, evaluation and authorisation of chemicals will come into effect on the 1st of June 2007. The Regulation has been published in the Official Journal of the European Union, L 396/1, 30/12/2006.
Six pesticides have been re-approved, but they will be under very strict control. Of these six pesticides, two have been authorized until the end of 2009 and four have been authorized until the end of June 2008. Needless to say, this is much shorter than the usual ten year time period, which usually applies to active substances. The short authorization clearly demonstrates the reluctance of several member states to authorize these six substances. All six pesticides are dealt with in separate Directives, which were published in the Official Journal of the European Union on 12 December 2006.
Directive 2006/122/EC of the European Parliament and of the Council of 12 December 2006.
This Directive covers PFOS marketing and use restrictions and amends Directive 76/769/EEC for the 30th time. It will apply as of 27 June 2008, limiting concentrations of PFOS to 0.005 per cent by mass in chemical preparations, and to 0.1 per cent by mass in semi-finished products or articles. There are a couple of exemptions for essential industrial uses, for instance fire-fighting foams put on the market before the ban entered force can be used until June 2011. Published in the Official Journal of the European Union on 27 December 2006, L 372/32. /

PFOS marketing and use restrictions

Commission Directive 2006/8/EC of 23 January 2006 amending, for the purposes of their adaptation to technical progress, Annexes II, III and V to Directive 1999/45/EC of the European Parliament and of the Council concerning the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations
The European commission has adopted changes to EU rules on classifying and labelling mixtures of chemical substances. A new directive introduces new warning labels for paints and varnishes containing lead, products containing chlorine, preparations containing cadmium and cements containing chromium, among other technical changes.
Commission Regulation (EC) No 642/2005 of 27 April 2005 imposing testing and information requirements on the importers or manufacturers of certain priority substances in accordance with Council Regulation (EEC) No 793/93 on the evaluation and control of the risks of existing substances
Manufacturers and importers of twelve priority "existing substances" have to carry out a series of extra scientific tests to help risk assessors decide whether further restrictions are needed. These includes biodegradation testing on short-chain chlorinated paraffins, a "long-term toxicity testing" of tetrabromobisphenol-A, and an investigation into the long-term endocrine effects of the phthalate BBP. /

Extra scientific tests to help risk assessors

Parliament and Council Regulation No. 396/2005 of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/414/EEC
Under the new Regulation overhauling EU rules on maximum residue levels (MRLs) of pesticides in food and animal feed, nationally set MRLs will be progressively harmonized at European level. This should reduce legal complexity and eliminate obstacles to trade. The European food safety authority will have a lead role in proposing EU-wide MRLs. / Maximum Residue Levels (MRLs) of pesticides in food and animal feed, nationally set - will be progressively harmonized at European level.
Commission Directive 2003/112/EC of 1 December 2003 amending Council Directive 91/414/EEC to include paraquat as an active substance.
The directive reauthorizes the herbicide paraquat as a permitted active substance and will enter into force on November 2004.
Commission Regulation (EC) No 684/2004 of 13 April 2004 amending Regulation (EC) No 466/2001 as regards dioxins
Regulation 684/2004 amends regulation Commission Regulation 466/2001 of 8 March 2001.
Commission Regulation (EC) No 466/2001 of 8 March 2001 setting maximum levels for certain contaminants in foodstuffs
Commission Regulation 466/2001 of 8 March 2001 sets maximum levels for certain contaminants in food, in order to protect public health. The regulation is purely meant as a documentation tool, providing a non-exhaustive Community list of maximum contaminant contents in food. / Protect public health from contaminant contents in food
Regulation (EC) No 648/2004 of the European Parliament and of the Council of 31 March 2004 on Detergents
Regulation 648/2004 establishes rules designed to achieve the free movement of goods, i.e. detergents and surfactants in the internal market, while at the same time the environment and human health are protected at a high level. The application of the regulation will be evaluated in 2007 and reviewed in 2009. The regulation shall enter into force 8 October 2005. / Environment and human health are protected at a high level by . detergents and surfactants
Regulation (EC) no 2003/2003 of the European Parliament and of the Council of 13 October 2003 relating to fertilizers
This regulation lists all basic requirements for fertilizers in the Community, regarding to the types, contents, packaging, and analysis. In order to achieve a more simple legislation for the internal market (SLIM) and the Action Plan for the Single Market several legislation needed to be replaced by one single legal instrument. This regulation, replacing at least five directives, provides in such an effective legislation. / Basic requirements for fertilizers, regarding to the types, contents, packaging, and analysis
Commission Decision 2004/209/EC of 28 January on the allocation of quantities of controlled substances allowed for essential uses in the Community in 2004 pursuant to Regulation (EC) No 2037/2000 of the European Parliament and of the Council
A non obligatory decision of the Commission on the use of specific substances. A yearly determination of the allowed quantities and the companies that may use them.
Parliament and Council Regulation No 648/2004 of 31 March 2004 on detergents
The Regulation on detergents entered into force on 8 October 2005. It introduces stricter testing methods for the biodegradability of detergent surfactants. Focus is now put on testing the ultimate rather than the primary biodegradability and labelling requirements for the protection of consumer health is also improved, in particular with regard to allergenic substances in detergents. / Stricter testing methods for the biodegradability of detergent surfactants
Commission Decision 2005/747/EC of 21 October 2005 amending for the purposes of adapting to technical progress the Annex to Directive 2002/95/EC of the European Parliament and of the Council on the restriction of the use of certain hazardous substances in electrical and electronic equipment
The Decision makes exemptions from the EU's restrictions on hazardous substances (RoHS) directive, which include the use of lead in optical and filter glass and electronic ceramic parts, and cadmium in electrical contacts. / EU's restrictions on hazardous substances (RoHS) - exemptions
Parliament and Council Directive 2005/59/EC of 26 October 2005 amending for the 28th time Council Directive 76/769/EEC on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations (toluene and trichlorobenzene)
The directive bans health damaging solvents toluene and trichlorobenzene from many applications as of 15 June 2007. The law prohibits toluene in adhesives and spray paints intended for use by the public. It bans all use of trichlorobenzene, except as a chemical intermediate, as a process solvent in certain closed reactions, and in the manufacture of munitions agent TATB. / Bans health damaging solvents toluene and trichlorobenzene
Parliament and Council Regulation No 166/2006 concerning the establishment of a European Pollutant Release and Transfer Register and amending Council Directives 91/689/EEC and 96/61/EC of 18 January 2006
The Regulation expands the EU's existing industrial pollution inventory into a wider European pollutant release and transfer register (PRTR). Annual reporting, based on 2007 data, is due to start under the PRTR scheme in 2009. / European pollutant release and transfer register
Council Decision on the conclusion, on behalf of the European Community, of the UN-ECE Protocol on Pollutant Release and Transfer Registers of 2 December 2005 (2006/61/EC)