Description Environmental Intelligence Consulting Presentation Slides from Sustainability Live (25 May 2011; Birmingham, UK) - major forthcoming EU and UK environmental law and policy developments

1. Forthcoming environmental legal and policy developments Dr Catherine Wilson www. env -i- consulting .com Environmental Intelligence Consulting 25 May 2011, Sustainability Live

2. www. env - i - consulting .com Environmental Intelligence Consulting Climate & Energy Developments: CRC Expected publication of the 1 st performance tables Autumn 2011 Expected consultation, following the detailed 2011 review, on proposed draft regulations on amendments to CRC Energy Efficiency Scheme legislation Later, 2011 (postponed) 1 st sales (current, £12/tonne of CO 2) of allowances (following initial review; CRC Energy Efficiency Scheme (amendment) Order 2011) April 2012 (postponed) 1 st phase of CRC Scheme expires (following initial review; CRC Energy Efficiency Scheme (amendment) Order 2011) 31 March 2014 Applicable organisations need to submit their Annual (summary emissions, 1 Apr. 2010-31 Mar. 2011) Reports & 1 st footprint report End July 2011 ‘ Review of the CRC Energy Scheme’ during 2011(simplification) 2011

3. www. env - i - consulting .com Environmental Intelligence Consulting Climate & Energy Developments: Energy Bill First Green Deals expected to start Autumn 2012 Current CERT ends, ECO to start Late 2012 Formal consultation on secondary law for the Green Deal Autumn-Winter 2011 Expected publication of consultation on ECO Late 2011 Expected publication of secondary law and Industry Green Deal Guidance Spring 2012 Expected committee stage in the passage of the Bill June 2011 Expected Royal Assent of Bill becoming Act DECC engages stakeholders, working with potential Green Deal providers Summer 2011 DECC will develop accreditation processes to ensure public confidence in Green Deal measures Autumn, 2011

4. www. env - i - consulting .com Environmental Intelligence Consulting Climate & Energy Developments: Carbon budgets 4 th carbon budget laid before Parliament (as per Climate Change Act 2008) and set in law 30 June 2011 The Gov. policies necessary to meet the 50% red. in CO 2 from 1990 levels by 2025 to be set out. Oct 2011 Under compromise agreement, there will be a DECC review of the carbon budget in 2014 in light of progress on lobbying EU climate negotiations for a 30% EU target for 2020. 2014

5. www. env - i - consulting .com Environmental Intelligence Consulting Climate Developments: Carbon reporting The 2008 Climate Change Act requires the Government to make GHG reporting mandatory by April 2012, or explain to Parliament why not April 2012 New carbon reporting scheme could become operational April 2012 Defra expected to make a decision following the consultation Autumn 2011 Defra consultation closes on carbon reporting – outlining 4 options - 3 mandatory schemes and 1 voluntary scheme 5 July 2011

7. www. env - i - consulting .com Environmental Intelligence Consulting Climate and Energy Developments: others, in brief Revised EU Energy Labelling Directive 2010/30/EU must be transposed into UK law. 20 June 2011 EU Commission must adopt proposed EU ETS Regulations regarding monitoring, reporting , accreditation and verification 31 December 2011 EU Emissions Trading Scheme (EU ETS) consultation on proposed EU Regulations regarding monitoring and reporting and accreditation and verification closes 10 June 2011 EU Carbon Capture Storage (CCS) Directive must be fully transposed into UK law. 25 June 2011 Finalisation and formal approval by Parliament of 6 Energy National Policy Statements (NPS) which will be used as the basis for decision-making on relevant development consent applications. Spring 2011

8. www. env - i - consulting .com Environmental Intelligence Consulting Climate and Energy Developments: others, in brief Inclusion in the EU ETS is mandatory for certain aviation activities, including al flights that arrive or depart from an aerodrome situated in a EU Member State. 1 Jan 2012 Smart metering – draft technical specification is due to be completed, where the EU notification period will be the end of Jan. 2012. Number of implementation dates 2012-14 July 2011 Contract to be awarded for the 1 st CCS demonstration project. Dec. 2011 Expected publication by the EU Commission of the low-carbon economy roadmap. Late 2011 Inclusion in the EU ETS is mandatory for certain aviation activities, including al flights that arrive or depart from an aerodrome situated in a EU Member State. 1 Jan 2012

10. www. env - i - consulting .com Environmental Intelligence Consulting Water Developments: in brief Defra consultation (England) closes on proposals following Walker Review on charging for household water and sewage services 17 June 2011 Expected publication of a final White Paper on water , which will set out how the water industry should develop over the next decade and will include policies on water resources, metering, charging and competition Autumn 2011 Expected designation of Marine Conservation Zone (MZA) (which together with European Marine Sites will form a UK-wide network of Marine Protected Areas (MPAs) as required by the Marine and Coastal Access Act 2009) End 2012

11. www. env - i - consulting .com Environmental Intelligence Consulting Water Developments: in brief Expected designation of final policy statement for waste water (which aims to provide decision-makers in England with a framework for assessing applications for nationally significant waste water infrastructure project), subject to final approval by Parliament July 2011 Expected start of New (inland) Waterways Charity April 2012 Defra Consultation on the future management of inland waterways in England and Wales closes (formation of public trusts through formation of new waterways charity will give users, local communities greater involvement in waterways management) 30 th June

12. www. env - i - consulting .com Environmental Intelligence Consulting Waste Developments: Waste Regulations 2011 Expected insertion of hierarchy conditions in standard environmental permits (following late 2011 consultation) April 2012 Businesses, currently exempt from registration, (including those carrying their own controlled waste) may be required to register with the EA for lower-tier end 2013 Business which collect waste paper, metal, plastic and glass, need to collect that waste separately, and businesses which collect, transport, or receive separately collected wastes should ensure that the waste is not mixed 1 January 2015 Waste producers, holders and carriers will be required to apply the 5-tier waste hierarchy on the transfer of waste AND declare that it has been taken into account on their WTN or CN (for hazardous waste) (Reg. 12) 28 Sep. 2011

13. www. env - i - consulting .com Environmental Intelligence Consulting Waste Developments: In brief Expected publication of the final strategy for the management of solid low level radioactive waste from the non-nuclear industry Spring 2011 Expected publication of final industry and Government agreed anaerobic digestion framework strategy May 2011 Expected publication of a final Guidance document on the preparation of a Funded Decommissioning Programme for new nuclear power stations Spring 2011 Expected publication of early results of ‘the Waste Policy and Delivery review’ to inform a forthcoming new Waste Strategy for England – as the Government aims to move towards a ‘zero waste’ economy Spring 2011

14. www. env - i - consulting .com Environmental Intelligence Consulting Biodiversity Developments: EU Biodiversity Strategy EU legislative proposals expected on Invasive Alien Species EU Biodiversity Strategy subject to a mid-term review 2012 2014 EU Biodiversity Strategy, published 3 May 2011, which outlines the EU Commissions blueprint for achieving the EU’s renewed biodiversity targets to 2020, including 6 targets. EU Commission will follow up with different proposals and initiatives listed in the Strategy, including a separate Green Infrastructure Strategy EU Commitment to vision and aim is to protect and ‘appropriately’ restoring biodiversity by the year 2050 By 2050 EU Commitment to ‘halt the loss of biodiversity and the degradation of ecosystem services in the EU by 2020’ By 2020

15. www. env - i - consulting .com Environmental Intelligence Consulting Biodiversity Developments: in brief Expected White Paper for the Natural Environment outlining the Government’s vision, priorities and a framework for practical action for the natural environment, including biodiversity, landscapes, marine environment, water quality, air quality, soils, trees, recreation, woodlands, forests Spring 2011 Expected publication by EU Commission on legal proposals for the Common Agricultural Policy (CAP), beyond 2013 Summer 2011 Expected publication of Defra/Wag Consultation results on minor amendments to the Contaminated Land Regulations 2006 & updating & revising the CL Statutory Guidance in E&W under Part 2A of the EPA1990 Summer 2011 HoL’s, 2 nd Reading of the Localism Bill, 2010-11 , aims to devolve greater powers to LA’s and neighbourhoods, & give local communities control over housing & planning decisions 7 June 2011

16. www. env - i - consulting .com Environmental Intelligence Consulting Chemicals Developments: in Brief ECHA to submit first evaluation draft rolling plan to Member States (article 44(2)) 1 Dec 2011 EU Commission to publish a general report on the experience acquired with the operation of REACH (article 117(4)) 1 June 2012 2 nd Authorisation working list to be published From this date substances of very high concern in articles must be notified to Agency 6 months after appearing on the candidate list (article 7(7)) 1 June 2011 ECHA consultation on testing proposals involving verterbrate animals for 22 substances closes 14 June 2011 ECHA consultation on testing proposals involving vertebrate animals for 10 substances closes 20 May 2011 ECHA consultation on proposals to classify cobalt dichloride as a SVHC closes 31 May 2011 ECHA consultation on testing proposals involving vertebrate animals for 21 substances closes 30 May 2011

18. www. env - i - consulting .com Environmental Intelligence Consulting Chemicals Developments: in Brief Expected consultation on draft legislation for implementing the EU Sustainable Use of Pesticides Directive 2009/128/EC Summer 2011 Deadline for transposing the EU Sustainable Use of Pesticides Directive 2009/128/EC into UK law 26 November 2011 Consultation closes on potential policy options on photovoltaic panels in the context of the proposed recast EU WEEE Directive 17 June 2011 EU Plant Protection Product Regulations 20111107/2009/EC will apply directly in all EU Member States 14 June 2011 Expected agreement on a revised EU WEEE Directive 2002/96/EC June-Dec 2011 Expected publication of a revised EU ROHS Directive 2002/95/EC with expected transposition into UK law, 18 month thereafter Spring-Summer 2011

19. www. env - i - consulting .com Environmental Intelligence Consulting Industrial Regulation Developments: Permits The Environmental Permitting (England and Wales) (Amendment) Regulations 2011 are expected to come into force (and may or may not include civil sanctions, also to include other amendments) 1 October 2011 Expected publication of amendments to the Environmental Permitting Regulations 2010 (SI 2010/675) which transpose Articles 32 and 37 of the EU Carbon Capture Storage (CCS) Directive Summer 2011 Regulations amending the Environmental Permitting Regulations 2010 (SI 2010/675) for England due to be laid before Parliament – inclusion of provisions for civil sanctions? Spring 2011

20. www. env - i - consulting .com Environmental Intelligence Consulting Transport Developments: Aviation HM Treasury consultation on reform of Air Passenger Duty closes 22 June 2011 Expected final aviation policy framework March 2013 Expected publication of a draft aviation policy framework for consultation March 2012 DfT Consultation on developing a sustainable framework for the aviation closes 30 Sept 2011

21. www. env - i - consulting .com Environmental Intelligence Consulting Transport Developments: Vehicles DfT consultation closes on implementing the transport aspects of the EU Renewable Energy Directive 2009/28/EC 2 June 2011 Expected publication of final EU Regulation setting emission performance standards for new light commercial vehicles 2011 Expected coming into force of the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) Regulations 2011 30 June 2011 DfT consultation closes on implementing greenhouse gas intensity reduction requirements in the EU Fuel Quality Directive 98/70/EC 2 June 2011 Expected publication and entry in force for the Cleaner Road Transport Vehicles Regulations 2011 2011