Eurobrief October 2010

EDITORIAL EU ETS: Allocation rules will slow down economic recovery and the reduction of CO2 emissions October 2010 - As the EU institutions are scrambling to meet the end-of-year deadline for the adoption of the benchmarks and allocation rules applicable to the free allocation of EUAs, the attention of most stakeholders, including industry, is essentially focused on the allocation process. The anxiety is palpable as everyone is asking: shall I have enough allowances to continue operate in the EU or not?

HEALTH AND SAFETY REACH - ECHA to speed up disclosure of dossier information The European Chemicals Agency (ECHA) aims to speed up the dissemination of non-confidential information on registration dossiers by no longer checking with the companies to see whether the information is indeed confidential.

EU EMISSIONS TRADING SCHEME Decision on 2013 EU ETS Allowance CAP adopted The European Commission Decision adjusting the total volume of EUAs to be issued under the ETS for 2013 was adopted on 22 October 2010 (not yet published in OJEU). It should be borne in mind that each allowance represents the right to emit one tonne of CO2 (or an amount of another GHG giving the same contribution to global warming as one tonne of CO2). Aviation is not included in this Decision.

OTHER NEWS Commission Communication on an Integrated Industrial Policy The European Communication has published a Communication on an integrated industrial policy for the globalisation era, on the initiative of Vice-President Antonio Tajani. The Communication, a flagship initiative of the Europe 2020 Strategy, sets out how Europe can boost growth and jobs by maintaining and supporting a strong, diversified and competitive industrial base while becoming less carbon intensive.

EU EMISSIONS TRADING SCHEME Aviation sector agrees climate change deal A global deal on climate change has been reached by governments participating in the 37th assembly of the International Civil Aviation Organisation (ICAO). A cap on greenhouse gas emissions from international aviation from 2020 has been agreed, along with a move to improve fuel efficiency by 2% annually up to 2050. This is the first time that such a deal has been struck with a specific industry.

OTHER NEWS 11th International Symposium on Concrete Roads 2010 The 11th International Symposium on Concrete Roads, took place in Seville from 13 to 15 October 2010. This edition welcomed more than 500 people from the cement and concrete industry, representing 35 countries.

EU EMISSIONS TRADING SCHEME Commission adopts EU ETS system of registries The Commission adopted a standardised and secured system for registries under the EU Emission Trading Scheme (EU ETS) earlier this month. The Regulation also brings the aviation sector into the EU ETS from 2012. The new rules will apply from 1 January 2012, with the notable exception of anti-fraud provisions, which apply from 15 October 2010.

EU EMISSIONS TRADING SCHEME Council of Ministers unconvinced about minus 30% CO2 reduction Environment ministers have not taken a decision on whether Europe should increase its CO2 reduction target to 30%.

EU EMISSIONS TRADING SCHEME Exchange of views on expected new ETS entrants' reserve An exchange of views was held in October between the European Commission and the Environment Council on the forthcoming Commission Decision setting up a New Entrants’ Reserve under the Emissions Trading System (ETS).

EU EMISSIONS TRADING SCHEME ECJ opinion against disclosing carbon allowance data The European Court of Justice has said that data on carbon allowances sold under the EU’s Emissions Trading Scheme (ETS) are confidential information and cannot be disclosed before the end of a statutory five-year period.

ENVIRONMENT Commission adopts Environmental Liability Directive Report The Commission has adopted a report under the EU Environmental Liability Directive on its effectiveness in terms of remediation and on the availability of financial security to remedy environmental damage. The conclusion is that available information does not yet allow for concrete conclusions to be drawn about the effectiveness of the Directive in remedying environmental damage.

ENVIRONMENT Commission confirms support for amendments to industrial emissions legislation The Commission has published its opinion on the European Parliament’s amendments in second reading to the Proposal for a Directive on industrial emissions. The document confirms that the Commission accepts the set of amendments, which reflect the informal compromise previously reached with the Council, as they are in line with the overall purpose of the proposal.

ENVIRONMENT Economic analysis of NOx/SO2 trading published On 14 October in Brussels, CEMBUREAU participated in the stakeholder meeting on the Entec’s 2nd study concerning wider economic aspects of the possible development of an EU-wide NOx and SO2 emission trading scheme.

ENVIRONMENT Eco-innovation proposal to be published early 2011 The current Environmental Technologies Action Plan (ETAP) by a broader plan expected to be adopted by early 2011, according to the European Commission.

ENVIRONMENT Doubts over need for new EU environmental action programme European Commission officials have questioned the need for a new, seventh EU environmental action programme when the existing one expires in 2012.

ENVIRONMENT Biodiversity guidance for mining sector published Guidelines to clarify rules for non-energy extractive industries operating in protected areas have been published by the European Commission.

ENVIRONMENT Commission to review rules covering environmental financing programme The European Commission is currently deciding whether it should propose new instruments better suited to existing and emerging environmental issues. To this end, it has undertaken a review of rules covering the EU’s LIFE+ environmental financing programme.

HEALTH AND SAFETY REACH - CLP regulation: notification of classification and labelling of Portland cement clinker The CLP Regulation, a comprehensive new system for the classification, labelling and packaging of hazardous substances and mixtures adopted in December 2008, requires substances to be classified, labelled and packaged according to the new system as of 1 December 2010.

HEALTH AND SAFETY List of chemicals registered under REACH to be published The European Chemicals Agency (ECHA) intends to publish a list of all phase-in substances that have been registered so far under the REACH regulation.