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An Overview of the EUSome Key Environmental Issues for ECI

Brussels, 6 March 2008

Lene Madsen

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Background to ECI Involvement with EU

• Copper makes a strong contribution to the EU’s competitiveness and its sustainable development, e.g.• Energy Efficiency & Renewables• Innovation and technology development supporting resource

conservation, e. g. via downsizing and miniaturisation

• Copper’s long history and wide breadth of applications results in it being identified/listed in many pieces of national and EU legislation

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An Overview of the European Union

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EU - Some Milestones

• The EU is a unique economic and political partnership & institutional framework

• 27 Member States – 495 million citizens• EEC founded in 1958 by the Treaty of Rome (6 countries)• 6 subsequent enlargements: 1973, 1981, 1986, 1995, 2004, 2007• Single Market completed in 1993• Treaty on European Union in 1993• Single Currency introduced in 2002• Lisbon Strategy adopted in 2000• Treaty of Lisbon signed in December 2007

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What does the EU do

• The EU acts in a wide range of policy areas — economic, social, regulatory and financial — where its action is beneficial to the Member States. These include: • solidarity policies (also known as cohesion policies) in regional,

agricultural and social affairs; • innovation policies, which bring state-of-the-art technologies to fields

such as environmental protection, (R&D) and energy.

• The EU funds these policies through an annual budget of more than €120 billion, which is largely paid for by the Member States. It represents a small proportion of the EU’s collective wealth (a maximum of 1.24 % of the combined gross national income of all member states).

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How does the EU work - Main EU Institutions

• The Decision-Making Triangle:• European Commission: Promoting the Common Interest• European Parliament: Voice of the People• Council of Ministers: The Member States Forum

• Other Institutions:• European Court of Justice• Court of Auditors• European Council• European Central Bank

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European Commission

• Led by a College of 27 Members nominated by Member States for a five-year term (one President and 26 Commissioners)

• Civil service: staff of over 20.000 people - Directorates General for policy areas (Environment, Energy, Enterprise, Trade, etc)

• Sole initiator of EU legislation and policy

• Monitors implementation in Member States

• Executive powers

• EU negotiator in trade talks

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European Parliament

• Only directly elected body of the EU

• 785 Members of the European Parliament from all 27 Member States – allocation of seats for each Member State according to size of population

• 11 Plenary Sessions in Strasbourg per year – but detailed work is carried out in Specialised Committees in Brussels

• MEPs sit by political groups

• Co-Legislator with the Council of Ministers

• Power to dismiss the European Commission

• Budgetary powers

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Council of Ministers

• Institution where EU Member State Governments meet

• Meetings sub-divided by policy area – e.g. Energy, Environment, etc.

• Ministers take final decisions but detailed work carried out in technical working groups

• Presidency of Council rotates among Member States

• Co-Legislator with the European Parliament – central role on foreign and security policy as well as coordination of economic policies

• Decisions most often taken by Qualified Majority Voting

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Decision-Making Procedure

• Policy is adopted through a range of tools: Directive, Regulation, Decision, Recommendation,…

• Most legislative proposals of relevance are subject to the co-decision procedure:• European Commission, European Parliament and Council are

involved• European Commission proposes• Final decision by Parliament and Council

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Influencing the EU Process

• Complicated and long procedures

• Powers dispersed within and among Commission, Parliament and Council

• But complexity and lack of resources offer greater lobbying opportunities

• Process is transparent and institutions are open and keen to obtain expert information

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Trade associations &

Industry

MEPs interested in ECI’s related issues

Council of Ministers

NGOs

DG Energy

DG EnvironmentDG Enterprise

MEPs acting as rapporteurs, group spokesmen on relevant EP committees

The Stakeholder Environment

ECI

European Chemicals Agency

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EU Environmental Policy

Action Programme:Environment 2010

Climate Change Natural HabitatsManagement of natural

resources & WasteEnvironment &

Health

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Current Priorities for ECI in EU Environment Policy

• Chemicals:• Voluntary Risk Assessment• REACH

• Waste Policy:• General Framework• End-of-life & recycling legislation

• Industrial Pollution Policy

• Policies on effects to the different media: • Water• Soil• Air

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Copper Risk Assessment - Background

• December 2000: EU invited the copper industry to undertake a risk assessment for copper and certain copper compounds • Copper, Copper oxychloride, CuSO4, Copper (I) oxide, Copper (II) oxide

• Industry appointed the European Copper Institute to carry out this voluntary initiative

• Primary driving forces were:• To increase the credibility of the copper industry• To anticipate the new REACH proposal• To use as a database for other regulatory frameworks

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Copper Risk Assessment - Status & Next Steps

Status Early 2008:• Human health report fully agreed at TCNES• Environment report: soil, water, sediments aspects agreed• Few risks identified

2008 Remaining discussions:• Environmental dossier (marine effects)

2008 and beyond:• Approval procedure to be finalised• Risk management measures as needed (local industry issues)• Use of the results in EU and Member States’ legislation (REACH, water

legislation, soil legislation,…)

Overall Results:• Many positive conclusions for copper markets• Some more follow-up on certain issues

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REACH

• Registration, Evaluation, Authorisation & Restriction of Chemicals

• Complex system for identifying and evaluating the effects of chemicals in the EU

• Producers or importers of chemicals are to register these with the European Chemicals Agency & provide detailed chemical safety reports

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REACH – Implementation

• 1/06/2007: Entry into force of REACH Regulation

• 2007-2008: Identification of copper materials to be covered by REACH

- Copper cathodes: Substance (heavy requirements)- By-Products: Intermediates (lighter requirements)

• 26/02/2008: Launch of Copper Consortium run by ECI

• 1/12/2008: Pre-Registration of substances;

• 1/12/2010: Registration of substances produced in quantities above 1,000 t/y

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Waste Policy• Framework Legislation on Waste - Waste hierarchy:

• Waste Prevention: less packaging, better manufacturing, consumer awareness

• Recycling & Re-use: legislation on specific waste streams: end-of-life vehicles, batteries, waste electrical and electronic equipment

• Disposal: less and strict control of landfill, controls of incineration

• Proposal to revise overall framework:• Clarification of definitions (eg. by-products)• Link with REACH: When does waste cease to be waste (eg. Scrap)

• New concept: Sustainable production and consumption

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Integrated Pollution Prevention and Control

• Directive sets legal basis for operating permits, based on Best Available Techniques (BAT)

• « BAT » document for Non-ferrous Metals Industry adopted in 2000 – now being revised

• No fundamental revision expected but an update and improvement where necessary

• Issues:• Extensive data but from « good performers »• Fugitive Emissions• Possible future setting of binding emission limit values

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Water Policy

• Water Framework Directive• Proposal to set Environmental Quality Standards

• Background levels and bioavailability included in new legislation

• ECI invited as expert in EC metals working group

• Aim: Avoid copper being on EU and national priority lists

• Revision of Drinking Water Directive• Current limit for copper (2mg/l) to be confirmed as confirmed by WHO

• Risk-based approach: VRA to be taken into account

• Efforts to put in place a European acceptance scheme for products in contact with drinking water

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Soil Policy

• Proposal for Soil Framework Directive• Member States to address soil contamination & degradation

• Discussions difficult – opposition to EU-wide rules

• At National Level: • Soil quality standards being revised in several Member States based

on Copper Risk Assessment (Belgium, UK, Spain, Finland)

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Air Quality Policy

• Air Quality Framework Directive

• Daughter Directives• Most recently: Establishing obligations for Particulate Matter

2.5 (limit value and reduction targets)

• In the future: Possible emissions trading scheme for SO2 and NOx emissions

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Conclusions & Outlook

• EU is an important regulatory environment for copper industry – offering opportunities and setting standards to be met

• Copper industry has invested in gathering of robust scientific data for consideration in EU policy making and regulatory frameworks

• Finalisation of Voluntary Risk Assessment is a major achievement

• Next major milestone is compliance with REACH

• Efforts will be continued to ensure that new EU policy and regulation (in the different areas highlighted) is adopted on the basis of sound science and is workable for copper industry