Planspiel zur neuen EU-Chemikalienpolitik (REACH) in NRW

Aim and Background

In 1999, under German Presidency, the European Council asked the European Commission to set up an approach with new instruments for a new European strategy on chemicals management. In 2001, the Commission subsequently published a White Paper called ‘Strategy for a future European chemicals policy’. After intensive discussions with all involved parties, a proposal for a new Regulation, called REACH, was brought in to Council and Parliament (co-decision procedure) in October 2003. Different impact assessments concerning the strategy of the White Paper presumed dramatically increasing costs for the chemical industry. Due to these discussions, the Government of North Rhine-Westphalia decided to conduct a pilot project on workability of the new requirements in the second half of 2003. The parties involved were administrations, producers, industrial associations, unions and NGOs. The focus was not to test the entire Regulation, but to analyse the practicability of selected processes, evaluations, and communication processes connected with the registration of substances.

Results

Examining the requirements and processes with regard to their realization in practice, resulted in a list of well-founded proposals. These proposals concern modification in the Regulation itself, implementation tools required, and guidelines which will need to be available before the REACH system is launched. The pivot questions of the pilot testing were the acceptance of data of substance-effects and their evaluation in different application areas. The registration Agency (played by the German Competent Authorities) checked the presented documents concerning completeness and plausibility. For all presented papers inquiries were needed In summary, the simulation has provided concrete evidence of where and why REACH may cause problems. Lack of simple instruments and corresponding knowledge for conducting exposition scenarios were noticed. The simulation process facilitated a new communication of all parties along the supply chain. In addition, the development of new networks could be observed to ease co-operation between authorities and those active on the market. These networks continue to exist even after cessation of the pilot trial.     

The EU's double-track pursuit of sustainable development in the 2000s: how Lisbon and sustainable development strategies ran past each other

For almost a decade, the EU has pursued sustainable development not with one but with two overarching strategies: the so-called Lisbon Strategy and sustainable development strategies. While the Lisbon Strategy was a genuinely European policy response to global economic and social pressures, which was superseded by the ‘Europe 2020’ strategy in 2010, sustainable development strategies are ongoing cyclical processes that aim to better coordinate and integrate economic, social and, in particular, environmental policies at both the EU and Member State levels. This paper explores the horizontal governance linkages that existed between the two strategies. It first contrasts the Council rhetoric, emphasizing the complementarity of the two strategies with their different histories and governance arrangements. This paper then shows that the Council rhetoric of complementarity never materialized in the everyday governance routines of the two strategies, and provides three explanations for this finding. Based on these findings, this paper finally provides a brief outlook discussion on how to proceed with the governance of sustainable development in Europe.     

Integrated assessment of agricultural policies with dynamic land use change modelling

With about half of its territory being farmed, agriculture is the main land use in the European Union (EU). As over 10% of the total EU manufacturing output comes from the agri-food sector, it also is an economic factor of great importance. Moreover, EU policy in this sector has far-reaching consequences ranging from the EU's status as a global trade partner to landscape preservation and development. The LUMOCAP Policy Support System is targeted towards policy makers in the European Commission (EC) and its Member States (MS) and aims to provide support in the field of sustainable agricultural and rural development. To this end it incorporates an integrated model with socio-economic and bio-physical processes, operating at different spatial scales. For supporting integrated assessment, a large number of policy levers is included as inputs for these models and outputs are transformed into policy-relevant social, economic and environmental indicators. The whole system is framed in a flexible, modular and easy to use software package that is useable for process experts and policy-analysts alike.This paper describes the integrated model, the individual models and a first calibration of the system. It demonstrates the system's behaviour for typical scenario runs and concludes with a reflection on the current status of the system and some recommendations for further development.     

Maritime spatial planning: opportunities &; challenges in the framework of the EU integrated maritime policy

In recent years, maritime spatial planning (MSP) has become an internationally emerging, promising tool for the implementation of integrated ocean management. MSP provides the appropriate framework for public authorities and stakeholders to coordinate their action across sectors and administrative boundaries, and to optimize the use of natural resources. In November 2008 the European Commission adopted the Communication “Roadmap for Maritime Spatial Planning: Achieving Common Principles in the EU” (COM(2008) 791 final) aiming to facilitate the development of MSP by Member States and to stimulate its implementation at national and EU level. Core element of this Roadmap is a set of ten key principles for MSP in Europe. Although endorsed as valid and comprehensive, further discussion and research is needed to identify challenges, measures and tools for the key principle’s practical application. This special issue of the Journal of Coastal Conservation: Planning and Management (JCCPM) seeks to contribute to this discussion. Its purpose is to shed light from different angles on the various aspects of the mentioned ten key principles and provide lessons learned from experience in different maritime areas around the world. Taking a more scientific, rather than a political point of view, the following articles will debate the different principles, their practical handling, as well as the consequences linked to their application.     

Evaluating 22 EU member states’ ‘waste culture’ using Hofstede’s and Schwartz’s cultural dimensions

The issue of municipal solid waste (MSW) arisings has received great attention recently since it is not only a by-product of economic activity but also serves as an input to the economy through material or energy recovery. The main focus of this study is cultural formation and especially the current picture of waste culture and public perception across European Union (EU) member states. Thus, this study will first evaluate environmental efficiency with data envelopment analysis (DEA) based on five parameters: waste, gross domestic product (GDP), labour, capital, and population density for 22 EU Member States and for the years 2005, 2010 and 2015 in order to evaluate which Member States are more efficient. Then the efficiency results are contrasted to Hofstede’s and Schwartz’s cultural dimensions on STATA with the use of regression modelling. Results show that for year 2005 no significant relationship is noticed for both cultural models, whereas for years 2010 and 2015 there appears to be a significant connection. The above-mentioned findings can be associated with the financial crisis that has hit Europe after 2008 making people more sceptical, while EU legislations have laid out some important directives in the field of waste management. Finally, along with the factors above, EU has faced severe environmental challenges due to waste arisings, as well as accidents and injuries for people working in this sector, which in turn have widely modified EU’s waste culture as supported by this study’s results.     

Matches and mismatches between conservation investments and biodiversity values in the European Union

Recently, the European Commission adopted a new strategy to halt the loss of biodiversity. Member states are expected to favor a more effective collection and redistribution of European Union (EU) funds under the current Multiannual Financial Framework for 2014–2020. Because of the large spatial variation in the distribution of biodiversity and conservation needs at the continental scale, EU instruments should ensure that countries with higher biodiversity values get more funds and resources for the conservation than other countries. Using linear regressions, we assessed the association between conservation investments and biodiversity values across member states, accounting for a variety of conservation investment indicators, taxonomic groups (including groups of plants, vertebrates, and invertebrates), and indicators of biodiversity value. In general, we found clear overall associations between conservation investments and biodiversity variables. However, some countries received more or less investment than would be expected based on biodiversity values in those countries. We also found that the extensive use of birds as unique indicators of conservation effectiveness may lead to biased decisions. Our results can inform future decisions regarding funding allocation and thus improve distribution of EU conservation funds.     

Risikobewertung von Perfluortensiden als Beitrag zur aktuellen Diskussion zum REACH-Dossier der EU-Kommission

Background

The analysis of the intrinsic effects of perfluorinated organic surfactants shows the group to have a characteristic overall picture:

-high polarity

-high thermal and chemical stability

-ubiquitous distribution

-non-biodegradability

-multiple toxicity

In addition, certain substances belonging to this group (e.g. PFOS) exhibit a very long retention time in the human body. Toxic properties vary and, like the mechanisms for global distribution, have not been fully clarified. In the meantime, individual members of this substance group have been (are being) removed from the market. This report shows that in future the planned EU chemicals law (REACH) can be used to prevent such substances being regulated after they have been distributed in the environment and thus after damage has already occurred. To this end, however, the requirements for registration for low tonnage substances (1–10 tonnes/a) must be supplemented with specific tests (in particular on biodegradability)

Aim and Scope

The aim of the work was to analyse the intrinsic properties and risks of a subgroup of fluorinated organic substances.

Results

A summarising article describes the toxic effects and properties of a group of substances selected from the approximately 30,000 existing substances. With regard to the ongoing debate on revising the European regulations of existing substances (REACH). it is apparent that standardised test requirements cannot be applied to impact and risk analyses which are at times highly complex. For governments, REACH only provides the starting points for this process in the form of prescribed standard tests. If a substance (or a substance group) draws attention, more detailed tests must be carried out by the industry itself in the framework of responsible care and in the framework of the evaluation step of REACH. It is therefore important that the standard requirements of REACH are selected appropriately. In this respect, the study reveals some serious deficiencies in the Commission proposal.

Conclusion

The standard information for low tonnage substances (1–10 tonnes/a) must be supplemented in particular with an obligatory test on biodegradability. The possibility provided by the REACH dossier to evaluate substances on the basis of group observarions (SAR, QSAR e.g.) is to be welcomed.     

Bewertung der Auswirkungen von Pflanzenschutzmitteln auf Regenwürmer

The fundamental data requirements for the authorization of plant protection products and the inclusion of active ingredients in Annex I of Council Directive 91/414/EEC are described in Annexes II and III of the Directive. The uniform principles for the registration of plant protection products in the Member States described in Annex VI of the Directive were primarily developed to assess the effects on the soil functions with regard to agriculture. A tiered approach was developed to assess the effects of plant protection products on earthworms based on the data requirements of Annex II and III of Directive 91/414/EEC. The risk is assessed using the effect-concentration evaluated in ecotoxicological tests and the predicted or calculated environmental concentration. To protect the whole range of naturally occurring species in terrestrial biocenosis assessment factors need to be considered.     

Bewertungskriterien des Umweltbundesamtes: Auswirkungen von Pflanzenschutzmitteln auf terrestrische Arthropoden

The fundamental data requirements for the authorization of plant protection products and the inclusion of active ingredients in Annex I of Council Directive 91/414/EEC are described in the Annexes II and III of the Directive. Definite guidelines concerning investigations with arthropods are partially deficient. The uniform principles for the registration of plant protection products in the Member States described in Annex VI of the directive were primarily developed to assess the effects on the beneficial capacity of arthropods in agriculture. However, the risk for arthopods as an essential part of the environment need to be assessed, too. Hence, the German Federal Environmental Agency has developed a tiered approach to assess the effects of plant protection products on arthopods based on the data requirements of Annex II and III of the Directive 91/414/EEC. The risk is assessed using the effect-concentration evaluated in ecotoxicological tests and the environmental concentration predicted by validated exposure models. To protect non-target species in terrestrial ecosystems assessment factors need to be considered.     

Spoil disposal

Summary The colliery spoil problem in existing mining areas requires the same attention as that in the new coalfields. The Yorkshire coalfield has particular problems since so much land near collieries has already been tipped on. Suggested short-term and long-term solutions are outlined. Some will be successful, others may not.The Commission on Energy and the Environment has made many recommendations to improve the existing situation in the coalfields. How many of these will the Government support? The National Coal Board promised a high standard of environmental treatment at the Belvoir public inquiry. Will these high standards be reflected in developments on the existing coalfields?Effective day-to-day management can have beneficial results out of all proportion to expenditure. All collieries should match up to the high standards achieved at the better ones. Is there any reason why lagoons should be features of colliery spoil disposal for the next decade? Can colliery spoil be used more extensively as an alternative material in construction? The National Coal Board and the local authorities need a strategic plan for coal development including spoil disposal and in detail need an agreed plan for short-term spoil disposal at each colliery.Commitment and research is needed to look into methods of backstowage — which tackles the problem at source. Can other European experience help in this matter? Fluidised-bed technology may lead to a reduction in spoil. Maximum use will have to be made of local tipping opportunities, whether quarry, voids, opencast coal sites, new land forms or upgrading agricultural land — but they won't happen on their own. Effort and determination will be needed. Long-distance movement of spoil appears expensive. It cannot be financed under the NCB's present system of accounting and certainly not financed by local authorities. Costs may need to be met nationally. The financing of major spoil solutions may well be the major problem in making and progress in any direction — but a national resource such as coal should be developed through a national approach to overall costs.     

Expositionsszenarien nach REACH

Object and Background

Production and use of substances and formulations can result in exposures on humans and the environment. In October 2003, the European Commissions presented a proposal for the registration, evaluation, assessment and restriction of chemicals (REACH). Assessment of exposures will become an essential element of REACH for certain substances. For many manufacturers and users of substances and formulations these tasks are new. Pilot projects to REACH have shown so far that solutions and instruments for these tasks which meet the requirements of real life situations have yet to be developed.

Discussion and Conclusions

Within the REACH proposal, exposure scenarios are a main element of the chemical safety assessment. This article outlines the contents of exposure scenarios. It reflects experiences with exposure scenarios and discusses possibilities of standardization. It covers exposure steps/categories and possibilities to build product groups. Non-branch specific types of exposure situations are an important element of exposure scenarios. Therefore, exposure steps/categories should be contained in exposure scenarios. Nevertheless, these elements structure only a specific part of the information contained in exposure scenarios. Hence they cannot replace exposure scenarios. Exposure categories do not reveal the uses, the processes and the activities connected with the intended use of substances. These information are important parts of a complete exposure scenario. They are the basis for the following step of risk characterisation. In addition, they provide the necessary transparency regarding the use patteern of substances.     

Aktuelle Entwicklungen bei Umweltindikatorensystemen

The current monitoring of the status of the environment and natural resources is a substantial basis for the implementation of a sustainable development as a model of the environmental policy in the terms of Agenda 21. For the 90s, in particular by the mandate of Rio 1992, both the international institutions (international level), e.g. the OECD, the United Nation Commission of Sustainable Development and the European Environmental Agency, and the environmental protection authorities of the different countries (national level) e.g. Germany, and of the federal states of Germany (regional level) are developing environmental indicator systems. In the context of the Local Agenda 21, indicators for the ecological, economic, social and institutional categories are set up on a communal level. In the environmental indicator systems different issues, e.g. climate change, ozone layer depletion, water quality and water resources, waste, toxic contamination, biodiversity, landscape protection, soil resources, forest resources, etc., are described. Concepts with driving forces, pressure, state, impact and/or response indicators are applied. The German Council of Environmental Advisors (SRU) requires that the selection and aggregation of indicators must be transparent and comprehensibly documented and that the chosen indicators must be oriented at political targets. The following article gives an overview of relevant actual environmental indicator systems, their concepts and structuring, and points to the further research and developmental requirements within this area.     

A Blueprint for the Oceans: Implications of Two National Commission Reports for Conservation Practitioners

Abstract:  In the first comprehensive reviews since 1969, two high-level reports on the status of U.S. marine ecosystems and resources have been released: that of the nongovernmental Pew Oceans Commission in 2003 and that of the congressionally mandated U.S. Commission on Ocean Policy in 2004 . Although the two commissions differed in the breadth and depth of their mandates, their findings on the state of our oceans and need for new management approaches are similar, and their major recommendations for science, governance, management and conservation, and education echo and reinforce each other. The history behind the two commissions and the structure and objectives of each remind us of the crucial roles conservation practitioners and scientists must play in the implementation of report recommendations. The reports suggest priorities for conservation practitioners to improve science, management, conservation, governance, and education to better manage and protect ocean resources and ecosystems. To redirect activities affecting the state of global marine resources, integrated research; education and outreach by terrestrial, aquatic, and marine conservation practitioners; and a clear definition of their roles in the implementation of recommendations is essential. Marine ecosystems provide a test case of society's ability to manage complexity in human and natural systems in an integrated manner, with extensive opportunities for participation by conservation practitioners from all disciplines.     

Prioritization of applicable drivers for green supply chain management implementation toward sustainability in Thailand

ABSTRACT

It is essential that the green supply chain management (GSCM) implementation is effectively supported by several strategic drivers for successful implementation and sustainability, especially for the ‘green’ start-ups with a sustainability-driven organizational strategy. This study aims to determine and prioritize the applicable drivers for GSCM implementation of sustainable development strategies in the electronics industry in Thailand. The applicable drivers and their priorities are obtained by applying the fuzzy group decision-making approaches including fuzzy Delphi and fuzzy Analytic Hierarchy Process, based on Thai experts’ perspectives. In this study, three prominent organizational theories, resource-based view, relational view, and institutional theory, are needed to explain the drivers of sustainability and to develop a hierarchical model for prioritization of the drivers. Finally, based on the findings of this study, several recommendations are made that may help to improve the sustainable development in Thailand through more effective implementation of GSCM.     

Addressing transboundary conservation challenges through marine spatial prioritization

The Adriatic and Ionian Region is an important area for both strategic maritime development and biodiversity conservation in the European Union (EU). However, given that both EU and non‐EU countries border the sea, multiple legal and regulatory frameworks operate at different scales, which can hinder the coordinated long‐term sustainable development of the region. Transboundary marine spatial planning can help overcome these challenges by building consensus on planning objectives and making the trade‐offs between biodiversity conservation and its influence on economically important sectors more explicit. We address this challenge by developing and testing 4 spatial prioritization strategies with the decision‐support tool Marxan, which meets targets for biodiversity conservation while minimizing impacts to users. We evaluated these strategies in terms of how priority areas shift under different scales of target setting (e.g., regional vs. country level). We also examined the trade‐off between cost‐efficiency and how equally solutions represent countries and maritime industries (n = 14) operating in the region with the protection‐equality metric. We found negligible differences in where priority conservation areas were located when we set targets for biodiversity at the regional versus country scale. Conversely, the prospective impacts on industries, when considered as costs to be minimized, were highly divergent across scenarios and biased the placement of protection toward industries located in isolation or where there were few other industries. We recommend underpinning future marine spatial planning efforts in the region through identification of areas of national significance, transboundary areas requiring cooperation between countries, and areas where impacts on maritime industries require careful consideration of the trade‐off between biodiversity conservation and socioeconomic objectives.     

Evaluating and expanding the European Union's protected-area network toward potential post-2020 coverage targets

The Convention on Biological Diversity's (CBD) strategic plan will expire in 2020, but biodiversity loss is ongoing. Scientists call for more ambitious targets in the next agreement. The nature-needs-half movement, for example, has advocated conserving half of Earth to solve the biodiversity crisis, which has been translated to protecting 50% of each ecoregion. We evaluated current protection levels of ecoregions in the territory of one of the CBD's signatories, the European Union (EU). We also explored the possible enlargement of the Natura 2000 network to implement 30% or 50% ecoregion coverage in the EU member states’ protected area (PA) network. Based on the most recent land-use data, we examined whether ecoregions have enough natural area left to reach such high coverage targets. We used a spatially explicit mixed integer programing model to estimate the least-cost expansion of the PA network based on 3 scenarios that put different emphasis on total conservation cost, ecological representation of ecosystems, or emphasize an equal share of the burden among member states. To realize 30% and 50% ecoregion coverage, the EU would need to add 6.6% and 24.2%, respectively, of its terrestrial area to its PA network. For all 3 scenarios, the EU would need to designate most recommended new PAs in seminatural forests and other semi- or natural ecosystems. Because 15 ecoregions did not have enough natural area left to implement the ecoregion-coverage targets, some member states would also need to establish new PAs on productive land, allocating the largest share to arable land. Thirty percent ecoregion coverage was met by protecting remaining natural areas in all ecoregions except 3, where productive land would also need to be included. Our results support discussions of higher ecoregions protection targets for post-2020 biodiversity frameworks.     

Competitive investment in clean technology and uninformed green consumers

In a market where consumers and the regulatory authorities are not fully informed about the actual production technology or environmental performance of firms that engage in strategic competition, I study the effect of environmental consciousness of consumers on firms׳ incentive to invest in cleaner technology. Firms compete in prices and may signal their environmental performance to uninformed consumers through prices. I also analyze the effect of an expected liability on firms in this setting. Compared to full information, incomplete information generates higher strategic incentive to invest in cleaner technology particularly when consciousness and/or expected liability are not too high. Requiring mandatory disclosure of technology or environmental performance may discourage such investment. Even though consumers and the regulator are uninformed, competition has a positive effect (relative to monopoly) on the incentive to invest.     

Erfahrungen des Umweltbundesamtes mit der EU-Biozid-Richtlinie

Biocides are active substances and products which are intended to destroy (…) any harmful organism by chemical or biological means. Typical applications are for instance wood preservatives, antifouling products or disinfectants. In the European Union the use of biocidal products is regulated since 1998 by the Biocidal Product Directive 98/8/EG (BPD). The BPD was transposed into German law in 2001 by the “Biozid-Gesetz”. The Federal Environment Agency is responsible for the environmental risk assessment of biocidal active substances and products under the “Biozid-Gesetz” in Germany. The European Commission has to evaluate the BPD seven years after endorsement and if necessary, has to submit a proposal for the revision of the directive. It is expected that the European Commission will publish soon a review of the enforcement of the BPD together with suggestions for the revision of the directive. In this article the German Federal Environment Agency summarises suggestions for the revision of the BPD based on its ten years experience with the directive: The scope of the BPD needs an exact clarification of borderlines in order to avoid confusion with other legislation. Food and feeding stuff together with natural products like lavender branches and cedar wood, which are used as attracting or repellent agents, have to be excluded from the scope of the BPD. Special data requirements for natural oils and pheromones should be developed to take the complex composition of these substances into account. The advantages of a centralised and decentralised authorisation procedure are discussed for biocidal products in special product types. Furthermore we stipulate that biocidal active substances which are nano particles are treated as separate active substances with own identities. Due to animal welfare reasons it should be obligatory to share data from vertebrate animal studies as it is already mandatory under the REACH regulation. The import of articles treated with biocidal active substances into the European market should only be allowed, if the active substance is approved for their biocidal use within the EU. Finally we suggest to implement an obligation to report the market shares or consumption rates of biocidal active substances and products. Together with procedural simplifications and adaptation in the scope of the directive, changes of the data requirements will be the key issues during the revision of the BPD. Most important, these changes should not reduce but ideally increase the level of protection for human health and the environment.     

EU vision of sustainable agriculture,land use,forestry and management of natural resources – level of the Slovak state administration convergence to the EU requirements

The EU vision of sustainable agriculture, land use, forestry and management of natural resources contributes to the balanced exploitation of the environment, taking into account rural development strategy. Whilst the EU directs activities through legislative tools, national systems of public administration are responsible for the implementation of the respective laws. Despite there not being acquis communautaire in public administration, non-formal cooperation has nevertheless emerged and systems of national public administration have to meet EU criteria and ensure the effective implementation of legislation. The paper presents an analysis of how Slovak state administration has converged with EU requirements in the field of sustainable agriculture, land use, forestry and natural resources. Administrative convergence is considered through the internal convergence represented by capacities without legal subjectivity, and through external convergence represented by legal and administrative subjectivity. Both approaches are observed at the central level within specialized public authorities. Local state administration is characterized by the creation of internal administrative capacities with the challenging delimitation of which competences are affected by the process of administrative convergence.     

Die Umsetzung des EU Weißbuches zur Chemikalienpolitik

Background

Aim and Scope. Implementation of the European Union White Paper on chemicals policy shall provide more safety and more transparency in chemicals use. In the past, when assessing existing commercial substances there was often a lack of information in the fields of application of the chemicals and the exposures arising in those contexts. The White Paper therefore calls for ‘shared responsibility’. Processors and commercial users of substances are to be involved much more closely in the risk evaluation process than has hitherto been the case. They are to provide data on substance applications and exposures, and, to some extent, they are also to carry out exposure assessments and risk assessments themselves. By analysing case studies, the paper highlights the consequences of this approach.

Results and Discussion

Fear has often been voiced that these new tasks will completely overburden small and medium-sized enterprises. It is assumed that many chemicals are no longer available for smallvolume applications, as — for cost reasons — producers do not include these applications in their registration. The wording of the White Paper is not precise enough to be able to appraise the costs that will be associated with the required intensified communication. In this situation, it is essential to analyse prototypical substances and their applications in order to gain an improved understanding of the principle of shared responsibility.

Conclusions

The concrete study of several product chains has shown that the flow of information required between producers and users is very likely feasible within the context of the REACH system. For the producers of chemicals, the intensified communication will presumably make it simpler to procure information in the fields of application and exposures. However, in order to avoid users being overburdened, it will be important that registration requirements and focuses are shaped in a manner doing justice to practical realities. Users will need to undertake community-wide efforts on an industry federation and branch level. In this context, the protection of company know-how also needs to be ensured.

Recommendation and Outlook

In practice, implementation of the principle of shared responsibility can lead to intensified communication among the producers and users of chemicals. This can greatly facilitate exposure assessments and risk assessments. There is a need to develop manageable procedures that can also be implemented by small and medium-sized enterprises. Numerous proposals have been made in this context, and extensive reference material is now available.