News

Energy performance of buildings

Directive 2010/31/EC, on the energy performance of buildings, aims to improve the energy performance of buildings in the EU and will revoke and replace Directive 2002/91/EC, on the same subject on 1 February 2012.

The European Parliament have long called for the strengthening of the provisions in Directive 2002/91/EC, and the need for the 20% energy efficiency target in 2020 to be made binding. This new Directive will further reduce energy consumption in the building sector by extending and replacing the previous provisions.

Specifically, this Directive sets out requirements for:

• a common method to calculate the combined energy performance of buildings;
• applying minimum energy performance requirements;
• national plans to increase the number of near zero-energy buildings;
• energy certification of buildings;
• regularly inspecting heating and air-conditioning systems in buildings;
• independently controlling energy performance certificates and inspection reports.

Ecodesign requirements

The Ecodesign for Energy-Related Products Regulations SI 2010/2617 implement Directive 2009/125/EC, which establishes a framework for the setting of ecodesign requirements for energy-related products, by making it an offence for those products to be marketed or used unless they:

• comply with certain measures;
• have been declared as complying with those measures; and
• bear a CE marking.

They revoke and replace the Ecodesign for Energy Using Products Regulations SI 2007/2037, which implemented an earlier ecodesign Directive 2005/32/EC, on the same subject.

In addition, a series of civil sanctions are introduced as an alternative to the already established criminal sanctions. These include:

• compliance notices;
• stop notices;
• enforcement undertakings;
• variable monetary penalties.

Detergents Regulation

The Detergents Regulations SI 2010/740, will come fully into force on 1 January 2015 and set out provisions to enforce Regulation (EC) 648/2004, which establishes rules for freely moving detergents and surfactants for detergents in the internal market, while protecting the environment and human health.

They revoke the Detergents Regulations SI 2005/2469, and have been made because Regulation (EC) 648/2004 requires surfactants and detergents containing them to pass a three-tier system of aerobic testing to make sure they meet certain environmental criteria before being placed on the market. Products which pass the ultimate biodegradability test can remain on the market. Those that fail the ultimate biodegradability test, but pass a primary biodegradability test will be allowed to remain on the market if the manufacturer is granted a derogation by the Commission.

Applications for a derogation must be submitted to a Member State.  Although Regulation (EC) 648/2004 applies directly into UK law, the UK was required to make secondary legislation which would set out enforcement mechanisms. While this was achieved through the Detergents Regulations SI 2005/2469, they did not enable the Health and Safety Executive (HSE) or the Chemicals Regulation Directorate (CRD) to recover the full economic cost of evaluating (by risk assessment) an application for a derogation. Under these Regulations, the CRD will recover those costs and perform the functions of the UK competent authority on behalf of the Secretary of State.

These Regulations also prohibit the placing of certain domestic laundry cleaning products on the market, in order to reduce water pollution and contribute to achieving the objectives of Directive 2000/60/EC, establishing Community action in the field of water policy.

Storage of carbon dioxide

The Storage of Carbon Dioxide (Licensing etc.) Regulations SI 2010/2221 form part of the UK's implementation of Directive 2009/31/EC, on geologically storing carbon dioxide.

In doing so, it establishes:

• requirements relating to licensing carbon dioxide storage;
• liabilities of the storage operator both during and after the active operation of the store.

The Regulations are made in accordance with the Energy Act 2008, which establishes a licensing regime for storing carbon dioxide in the offshore area, as well as prohibiting the storage of carbon dioxide except in accordance with a licence granted under that Act.

Batteries legislation in force

On 1 February 2010, the Waste Batteries and Accumulators Regulations SI 2009/890 came fully into force, meaning those who manufacture, import or produce one tonne of batteries or those who place products containing batteries onto the UK market will be responsible for their collection, treatment and recycling.  The system has been made as easy as possible for consumers to recycle their batteries.  Everything from AAA cells to mobile phone batteries and button cells used in hearing aids and watches, must be separated from household rubbish and placed into designated recycling bins in shops or other recycling points.

As a business you have a duty of care to make sure your waste is kept and disposed of safely, including batteries.  If you give waste to someone else you must make sure they are authorised to take it, and can transport, recycle or dispose of it safely.

Distributors of batteries that supply over 32kg per year must offer a free take back facility.  Householders and businesses can use these facilities.

MEPs and Member States have reached an agreement on the Industrial Emissions Directive, which will recast seven existing Directives relating to industrial emissions (including IPPC) into a single, clear and coherent instrument.

The overall aim is that clearer rules for the reduction of harmful industrial emissions across the EU will lead to better protection of human health and the environment, in particular through the better application of Best Available Technique (BAT). A tougher regime regarding emissions will also be introduced, with large combustion plants (including fossil fuel power stations) being required to meet more stringent limits on emissions by 30 June 2020.

The text of the Directive will need to be approved by the full Parliament and Council of Ministers before it becomes law, and it is therefore not expected to be published until early next year. In the meantime, you can view our summary of Proposal COM(2007)844, for a Directive on industrial emissions.