Main EU legislation

Requirements

Classification, packaging and labelling of chemical substances (67/548/EEC)

Classification, packaging and labelling of dangerous preparations (1999/45/EC)

• Gives information about chemical substances and preparations classification and labelling rules, R-and S-phrases etc
• Annexes 1 (http://ecb.jrc.it/) list of dangerous substances with their legal classification, Annex 5 testing methods and Annex 6 guidelines for classification, labelling and packaging
• Producers and importers are obliged to give hazard information by SDS and labels
• Chemicals user company may ask a SDS-information for a preparation which is not classified dangerous but contains at least one substance in concentrations of more than 1% by weight or 0,2% vol for gaseous preparations posing
  • hazards to human health or the environment or
  • for which Community workplace exposure limits exist
• In case substances or preparations are imported which have not been classified by the producers, user company have the duty to self-classify
• Everyone handling hazardous chemicals must have a chemicals database, where identity, hazards and amounts of handled chemicals are recorded.    

Safety Data Sheets (91/155/EC, amended by 01/58/EC)

• Defines structure of safety data sheets
  • Gives users of chemicals the right to request SDS from producers/importers
  • professional users have the right to ask information proportionate to an SDS for preparations not classified dangerous ((components of preparations if contained in concentrations > 1% per weight or 0,2% by volume (gaseous preparations). Lower limits apply to carcinogens)).

Bans, Marketing and Use restrictions (76/769/EEC)

• Requires chemicals users not to use specified chemicals in certain processes or products. Some substances are totally banned.

List of restricted and banned substances relevant for industrial company processes please look from ‘Product safety chapter’.

Related EU legislation

Requirements

IPPC (96/61/EC)

• Addresses priority pollutants from installations (metals, organic substances containing chlorine, other organic and not compounds etc.)
• Requires to identify and list the used hazardous and priority substances when applying for environmental permit – such information can be get from SDS

VOC Directive (99/13/EC)

• Company needs to get information on VOC from SDS: VOC concentration, CMR info, physical-chemical properties

Biocides directive (98/8/EC)

• à Check if you use biocidal product (preservatives, paints), check if they are registered and authorised
• Check if you use these according identified use

SEVESO –Major accidents (96/82/EC)

• Industrial installations handling large amounts of dangerous chemicals listed in the directive annex have to assess the accident risks

Water framework (00/60/EC)

• Hazardous substances to water environment should be identified and limited or substituted

Waste framework directive (75/442/EEC)

Hazardous waste directive (91/689/EEC)

• Prevent that chemicals become hazardous waste
• Classify, label and package hazardous waste according to its hazardous components

Chemical Agents Directive (CAD) (98/24/EC)

General requirements on workers’ health and safety in Directive (89/391/EC)

• Determine whether hazardous chemicals are present at workplaces
• Assess the risk for workers taking into account the hazardous substance properties, the exposure (type, duration, frequency) under normal operating conditions, during specific activities such as cleaning and maintenance and in case of accidents and emergencies, as well as applied risk reduction measures
• Identify and use proper risk reduction measures

Carcinogens and mutagens at work (90/394/EEC)

• Identify carcinogens and mutagens at work
• Substitute carcinogens and mutagens wherever possible; if substitution is not possible apply containment of the respective processes; if containment is also not possible reduce exposure as much as possible.
• Comply with OELs

General Product Safety (01/95/EC)

• Prohibits the placing on the market of products which pose a risk for human health and the environment under normal use of a product
• Lists specific requirements for different articles, e.g. wooden toys, crandles, electronic equipments

Product related legislation – ELV, WEEE, ROHS

• Restricts the use of certain substances in the products
  • ELV: lead, mercury, cadmium, hexavalent Cr
  • WEEE: PCB, Hg, brominated flame retardants, asbestos, CFC, HCFC, HFC, HC, radioactive substances
  • ROHS: lead, mercury, cadmium, hexavalent chromium, polybrominated biphenyls (PBB) or polybrominated diphenyl ethers (PBDE)
• Requires to take certain actions to reduce use of those substances in the products
• Requires to report on measures taken, content of substance in the products.

Main EU legislation

Requirements

Water Framework Directive (2000/60/EC)

Dangerous Substance Directive (76/464/EEC)

• Defines the lists of the hazardous and priority substances
• Requires to identify the use and emissions of dangerous and priority dangerous substances
• Sets the limits for the emissions to the environment
• Requires development of programmes of measures and reduction programmes

International requirements

Requirements

Helsinki Convention

Recommendation 19/5 on hazardous substances

• Annex 3 of HELCOM Recommendation 19/5 lists the substances of concern due to their negative impact to the Baltic sea 
• Requires to report on emissions, losses and discharges
• Requires to cease listed substances by 2020

Helsinki Convention

Recommendation 23/7 on Reduction of discharges and emissions from the metal surface treatment

• Applies primarily to plants in which surfaces are plated with metals electrolytically or chemically. This involves the following main operations: pre-treatment (e.g. degreasing/cleaning and pickling); electrolytic or chemical deposition of metals, including intermediate treatment; post-plating treatment (e.g. chromating, dyeing); stripping; phosphating
• Apply the precautionary principle, the principle of the Best Available Techniques and the substitution principle, by which is meant substitution of the use of hazardous substances by less hazardous substances or preferably non‑hazardous substances where such alternatives are available
• Recommends measures to be taken to decrease emissions of hazradous substances
• Requires to report on emissions
• Requires to set and periodically re-evaluate limit values

Related EU legislation

Requirements

IPPC (96/61/EC)

EPER (2000/479)

• Addresses priority pollutants from installations (metals, organic substances containing chlorine, other organic and not compounds etc.)
• Requires to identify and list the used hazardous and priority substances when applying for environmental permit
• Requires identify emissions to water from all individual facilities when applying for permit
• to report on the emissions of those substances

Classification, packaging and labelling of chemical substances and dangerous preparations

67/548/EEC)

(1999/45/EC)

• Sets information standards (classification, labelling, safety data sheets) for the chemicals which are used as raw materials – essential for printing company in order to know the hazards of raw materials and prevent emissions of certain substances to water
• Provides the harmonised classification of some substances (Annex 1)

Bans, Marketing and Use restrictions (76/769/EEC)

• Limits the application of certain substances, incl. hazardous to water environment

Biocides directive (98/8/EC)

• Requires registration/ authorisation where also purpose of use, residue limit values to be presented

Product related legislation – ELV, WEEE, ROHS

• Restricts the use of certain substances in the products
  • ELV: lead, mercury, cadmium, hexavalent Cr
  • WEEE: PCB, Hg, brominated flame retardants, asbestos, CFC, HCFC, HFC, HC, radioactive substances
  • ROHS: lead, mercury, cadmium, hexavalent chromium, polybrominated biphenyls (PBB) or polybrominated diphenyl ethers (PBDE)
• Requires to take certain actions to reduce use of those substances in the products
• Requires to report on measures taken, content of substance in the products

Main EU legislation

Requirements

Ambient air quality assessment and management (96/62/EC)

Daughter directives: 1999/30/EC

2000/69/EC

• It sets requirement to control 13 pollutants to air (SO2, NO2, solid particles (smoke), suspended particles, Pb, ozone, benzene, CO, aromatic hydrocarbons, Cd, As, Ni, Hg)

Practical measures and standards laid down in daughter directives:

• 1999/30/EEC – ELV for SO2, NO2, suspended particles, Pb
• 2000/69/EC - ELV for CO and benzene

Limitation of emissions of VOCs due to the use of organic solvents in certain activities and installations

(99/13/EC)

• It applies if solvent consumption t/a is:
  • o        >15 t/a for wood coating
  • o        > 5 t/a for wood lamination, adhesive coating
  • o        >25 t/a for wood impregnation
  • o        > 1 t/a for surface cleaning
• It defines emission reduction targets by means of emission limit values (expressed in terms of the maximum solvent concentration in waste gases) and fugitive emission values (expressed as a percentage of solvent input) to be achieved either by appropriate abatement technologies or by substitution solutions (low-solvent or solvent free technologies)
• New installations have to comply with the requirements immediately at the time they are starting the activity
• Existing installations have to comply with the requirements step by step:
  • compliance with the use of the directive’s reduction scheme: from 31 October 2005
  • compliance with the directive’s emission and fugitive limits: from 31 October 2007
  • substitution of designated risk phrase materials R45, R46, R49, R60, R61 (these are CMRs): shortest possible time
  • controls and limits on releases of designated risk phrase materials R45, R46, R49, R60, R61 and R40 halogenated VOC: from 31 October 2007
  • In addition, operator falling under the requirements of directive must:
  • register the installation
  • annually calculate a solvent management plan for determining the amount of fugitive emissions or negotiate an emission reduction scheme with the authorities; report emitted amounts annually and on request
  • measure C-concentrations in waste gases

Limitation of emissions of VOCs due to the use of organic solvents in certain paints and varnishes and vehicle refinishing products

(2004/42/EC)

• It establishes requirements to the solvent content of the paints for use on buildings, their trims and fittings and structures associated to buildings
• It establishes limit values for the maximum VOC contents in the products covered by Directive
• For the paints, the Directive sets up two sets of limit values for the maximum contents of VOCs in grammes per litre of the product ready for use. The first set of limit values shall apply from 1 January 2007. The second, and stricter, set of limit values apply from 1 January 2010.
• Such products shall carry a special label when are placed on the market. The label shall indicate the subcategory of the product and the legal limit value for VOC contents in grammes per litre, and the maximum content of VOC in grammes per litre of the product in its ready to use condition.

National emission ceilings for certain atmospheric pollutants

(2001/81/EC)

• The annual emissions of SO2, NOx, VOC, NH3 should be reduced until set National emission ceilings by year 2010.
• National emission limits are established and applied in the whole territory of country from all emissions sources.

Reduction in the sulphur content of certain liquid fuels

(1999/32/EC)

(93/12/EEC)

It sets requirement:

• For liquid fuel with higher sulphur contamination, which are restricted to import and supply;
• Environmental normative of quality for installations and certain vehicles, which are using liquid fuel with sulphur contamination;

How to prevent, limit and monitor SO2 emissions from stationary sources.

Related EU legislation

Requirements

IPPC (96/61/EC)

EPER (2000/479)

• It applies to installations using more than 150 kg per hour or more than 200 t/a solvents for surface treatment, e.g. coating, printing, waterproofing, sizing, painting, impregnating
• It requires in application for permit to list all solvent containing preparations, their names, quantities, concentration of VOC in preparation, R-phrase
• It requires to identify emissions of VOC to air from all individual facilities when applying for permit
• It requires reporting on the emissions

Attention! VOC Solvents Directive only sets minimum obligations which are not necessarily sufficient to comply with the IPPC Directive. Such compliance may involve more stringent emission limit values, emission limit values for other substances and other media, and other appropriate conditions. Details of emissions from installations falling under both VOC Solvents Directive and IPPC Directive can be accessed via the European Pollutant Emission Register (EPER).

Classification, packaging and labelling of chemical substances and dangerous preparations

(67/548/EEC)

 (1999/45/EC)

• Sets the criteria for classification, labelling and packaging of substances and preparations;
• Provides the harmonised classification of some substances (Annex 1)
• Important for identification of CMR solvents.

Bans, Marketing and Use restrictions (76/769/EEC)

• Limits the application of certain substances, incl. e.g. some halogenated VOC.

Main EU legislation

Requirements

General Product Safety (01/95/EC)

• Generally prohibits the placing on the market of products which pose a risk for human health and the environment under normal use of a product
• So called daughter directives are sector specific and list requirements and procedures for conformity assessment for certain goods which have to be followed:
  • Simple pressure vessels directive, 87/404/EEC
  • Personal protective equipment (PPE), 89/686/EC
  • Machinery, 98/37/EC
  • Lifts, 95/16/EC
  • Pressure equipment, 97/23/EC
  • Equipment explosive atmospheres (ATEX), 94/9/EK
  • Transportable pressure equipment, 1999/36/EC
  • Cableway installations designed to carry persons, 2000/9/EC
  • Electromagnetic compatibility (EMC), 89/336/EEC
  • Low Voltage, 73/23/EEC
  • Radio Equipment and Telecommunications Terminal Equipment and the Mutual Recognition of their Conformity, 99/5/EC
  • Safety of toys, 88/378/EEC
  • Appliances burning gaseous fuels, 90/396/EEC
  • Noise emission in the environment by equipment for use outdoors, 2000/14/EC
  • Construction products, 89/106/EEC
  • Non-automatic weighing instruments, 90/384/EEC 
  • Active implantable medical devices, 90/385/EEC
  • Medical devices, 93/42/EEC
  • Recreational craft, 94/25/EC
  • In vitro diagnostic medical devices, 98/79/EC
  • Efficiency requirements for new hot-water boilers fired with liquid or gaseous fuels, 98/79/EC
  • Interoperability of the trans-European high-speed rail system, 96/48/EC
  • Measuring instruments, 2004/22/EC
  • Energy efficiency requirements for household electric refrigerators, freezers and combinations thereof, 96/57/EC 
  • Energy efficiency requirements for ballasts for fluorescent lighting, 2000/55/EC 

For those articles where no specific directive and EU standards exist, requirements of the general product safety directive have to be followed.  

Bans, Marketing and Use restrictions (76/769/EEC)

• Requires chemicals users not to use specified chemicals in certain products. Some substances are totally banned.
  • Restrictions of brominated flame retardants for furniture and upholstery
  • Restrictions of flame retardants in textile
  • Restrictions for use of CCA (copper, chrome, arsenic) containing preservatives
  • Prohibition of the marketing of wood treated with creosote oil
  • Restricts occurrence of cadmium in the paints and for use in coating, as stabiliser;
  • Prohibits use of hexachlorethane in  processing metals, excluding iron;
  • Restricts use of pentachlorphenol for cleaning;
  • Restricts use of Pb, Hg, Cd, Cr VI, polibrominated biphenyls and their ethers in most of electric and electronic equipment.

More information see under ‘List of restricted and banned chemicals’ in this chapter.

Related EU legislation

Requirements

Classification, packaging and labelling of chemical substances and dangerous preparations

(67/548/EEC)

(1999/45/EC)

• Carcinogenic, mutagenic or reprotoxic substances as listed in Annex I are generally not allowed in any consumer products (preparations meant for consumers)

European Eco–label Award (regulation No1980/2000)

• Makes reference to the content of certain substances for some of the products, e.g. different appliances, such as computers, refrigerators, television, vacuum cleaners or lubricants.

However, applications for the label are voluntary and can therefore not be regarded as legally binding.

Product related legislation – ELV, WEEE, ROHS

• Restricts the use of certain substances in the products
  • ELV: lead, mercury, cadmium, hexavalent Cr
  • WEEE: PCB, Hg, brominated flame retardants, asbestos, CFC, HCFC, HFC, HC, radioactive substances
  • ROHS: lead, mercury, cadmium, hexavalent chromium, polybrominated biphenyls (PBB) or polybrominated diphenyl ethers (PBDE);
• Requires to take certain actions to reduce use of those substances in the products
• Requires to report on measures taken, content of substance in the products

Main EU legislation

Requirments

Waste Framework Directive (75/442/EEC)      (91/156/EEC)

• Sets and defines the key concepts of EU waste legislation
• Waste is defined as something that the waste holder “discards or intends to discard”. It means that waste is interpreted widely. Waste produced by the company can have an economic value and still be waste. Also, waste for recovery is still waste. For example, if wood/paper waste is generated in the company, it will be regarded as waste, no matter how it is handled further (burned in boiler house on company production site, sold to another company, used as a raw material for producing bricks etc)
• Presents the principles of Waste Hierarchy (in decreasing order of environmental preference):

• elimination and minimisation;
• reuse;
• recovery;
• recycling;
• composting;
• incineration with heat recovery;
• disposal.

Please find further reference to waste management options related to waste management hierarchy under Practical tools of this chapter.

• Requires that any company must have a permit for its waste management operations
• Other key principles relevant for companies are:
  • ‘Proximity principle’ – waste for disposal should be dealt with as close as possible to its generation,
  • ‘Polluter pays’ – producer of the waste should pay for its disposal costs,
  • ‘Producer responsibility’ – producer of product is responsible for waste generated.

Hazardous Waste Directive

(91/689/EEC)

• Provides basis for important step in waste management  - waste classification, which is essential for taking appropriate measures in waste handling.
• Requires reporting by the companies to national authorities.
• Defines hazardous waste by providing detailed lists in its Annexes:
  • Annex 1 presents the categories or generic types of hazardous waste listed according to their nature or the activity which generated them. Listed waste types may be liquid, sludge or solid in form
  • Annex II lists the constituents of wastes which render them hazardous
  • Annex III lists the properties of wastes which render them hazardous

Packaging waste Directive (94/62/EC)

(2004/12/EC)

• Establishes criteria clarifying the definition of the term "packaging". Clear examples are given in Annex
• Covers all packaging placed on the market and all packaging waste
• The marketer of the goods is obliged to take back free of charge from the consumer the sales packages and packaging waste of the goods
• The take-back obligation is also valid for the packages of hazardous goods. At the same time, these packages that still contain hazardous waste (e.g. paints, varnishes, solvents) must not be returned by the downstream user before cleaning them

Incineration of waste

(2000/76/EC)

• Is important for furniture producers who are operating or planning to operate incineration plant for burning wood waste on their production site
• Applies not only to facilities intended for waste incineration but also to "co-incineration" plants (facilities which use waste as a regular or additional fuel)
• Requires that all incineration or co-incineration plants must be authorised by acquiring a special permit
• Suggests that the heat generated by the incineration process has to be put to good use as far as possible
• Annexes set out limit values for incineration and co-incineration plants emissions to atmosphere

PCB and PCT  (96/59/EC)

Batteries and accumulators containing hazardous substances (91/157/EEC)

• Sets requirements for handling of PCB and PCT containing equipment (old capacitors etc)
• Sets requirements for handling of batteries and accumulators containing certain hazardous substances (Hg, Cd, Pb)

Prevention and reduction of environmental pollution with asbestos (87/217/EEC)

• Sets requirements for handling asbestos containing waste

Product related legislation – ELV, WEEE, ROHS

• Restricts the use of certain substances in the products
  • ELV: lead, mercury, cadmium, hexavalent Cr
  • WEEE: PCB, Hg, brominated flame retardants, asbestos, CFC, HCFC, HFC, HC, radioactive substances
  • ROHS: lead, mercury, cadmium, hexavalent chromium, polybrominated biphenyls (PBB) or polybrominated diphenyl ethers (PBDE)
• Requires to take certain actions to reduce use of those substances in the products
• Requires to report on measures taken, content of substance in the products

Related EU legislation

Requirements

Council Directive concerning integrated pollution prevention and control (96/61/EC)

• Integrated pollution prevention and control concerns highly polluting new or existing industrial plants. The product producer has to check the limit values in the legislation to determine whether the company falls under its coverage
• In order to receive a permit the company must comply with certain basic obligations, e.g. prevent, recycle or dispose of waste in the least polluting way possible. In addition, the decision to issue a permit must contain a number of specific requirements, e.g. waste management measures

Main EU legislation

Requirements

IPPC (96/61/EC)

• For permit application
• all used chemicals (incl. hazardous chemicals) as well as emissions containing hazardous substances to each environmental media should be listed and emissions’ environmental impacts/effects to be specified.
• It requires to prevent pollution by applying BAT and taking appropriate emission reduction measures (e.g. substitution of hazardous substances, containment, engineering control, reduction and/or recycling of wastes).
• The permits must take into account the whole environmental performance of the plant, covering e.g. emissions to air, water and land, generation of waste, use of raw materials, energy efficiency, noise, prevention of accidents, and restoration of the site upon closure.
• The permit conditions including emission limit values (ELVs) must be based on Best Available Techniques (BAT).
• It requires to report on emissions to air and water of substances listed in the annex if the specified thresholds are exceeded.

Related EU legislation

Requirements

EPER (2000/479)

• EPER requires reporting on 50 pollutants released to air and water every three years.
• Next round for data collection is in year 2006 on emissions in 2004.

Attention! EPER will be replaced by the European Pollutant Release and Transfer Register (E-PRTR) from 2007 reporting period onwards.

Protection of groundwater against pollution caused by certain dangerous substances

(80/68/EEC)

• IPPC permit must include any conditions required to stop or limit the discharge of certain listed substances.

No application to make such a discharge may be granted without prior investigation.

Limitation of emissions of VOCs due to the use of organic solvents in certain activities and installations

(99/13/EC)

• Installations using more than 150 kg per hour or more than 200 t/a solvents for surface treatment, e.g. coating, waterproofing, sizing, painting, impregnating, must comply with IPPC requirements.
• The holders of permits under the IPPC who carry out solvent activities should include VOC emissions reduction scheme in IPPC application.

Attention! VOC Solvents Directive only sets minimum obligations which are not necessarily sufficient to comply with the IPPC Directive. Such compliance may involve more stringent emission limit values, emission limit values for other substances and other media, and other appropriate conditions. Details of emissions from installations falling under both VOC Solvents Directive and IPPC Directive can be accessed via the European Pollutant Emission Register (EPER).

Water Framework Directive (2000/60/EC)

Dangerous Substance Directive (76/464/EEC)

• Identify 33 priority hazardous substances on EU level and hazardous substances of national relevance.
• List of raw materials containing those substances should be included into application for permit.
• Emissions of those substances to water environment should be identified and included into application for permit together with emission reduction programme.