Annex 1
Examples Illustrating Points Made in Paragraphs
12-43
THE INTEGRATED
POLLUTION PREVENTION
AND CONTROL
(IPPC) DIRECTIVE
1. The implementation of the Integrated
Pollution Prevention and Control (IPPC) Directive by the Department
for Environment, Food and Rural Affairs (Defra) through the Pollution
Prevention and Control (PPC) regulations is a good example of
inconsistent implementation and enforcement of EU legislation
in the UK. In 2000, Defra decided to leave out the research development
and testing exemptions contained within the IPPC Directive because
the department considered that there were risks that the exemption
might be abused. In 2004, Defra decided to include the exemption
in the PPC regulations after all, but only with the condition
that operators had to notify their "claim" for exemption
to the regulator. Some of these claims are still in dispute. This
approach by Defra to implementing the IPPC Directive has inflicted
large costs on businesses trying to gain clarity in terms of what
is or is not include, in the PPC regulations. CBI members have
also reported that there are instances of inconsistent enforcement
between regions in the UK. The IPPC Directive is also an example
of different approaches to implementation in different Member
States and where CBI members feel, for example, that implementation
is done in a better way in both Germany and Sweden compared with
the UK. For further information on the IPPC Directive, please
contact Alice Hume— alice.hume@cbi.org.uk
THE WASTE
ELECTRICAL AND
ELECTRONIC EQUIPMENT
(WEEE) DIRECTIVE
1. An example of where the issues discussed
in terms of timing, importance of involving stakeholders and ensuring
consistency across the EU have not been part of the process is
the implementation of the Waste Electrical and Electronic Equipment
(WEEE) Directive.
2. The CBI has had reports that the transposition
of the WEEE Directive has already led to extensive administrative
burdens on firms trying to keep track of the Department of Trade
and Industry's actions related to implementation of this Directive.
CBI members affected by the WEEE Directive agree that the process
of transposing and implementing the Directive in the UK has been
badly managed.
3. The main problems from a business point
of view have been the lack of transparency and poor project management
during the process of bringing WEEE into UK law. This has led
to a situation where regulations are still not in place for a
directive that should have been implemented in 2004. This delay
has meant that some firms that invested in new plants because
they knew that the UK has to implement the Directive in 2004,
are now not really sure what is happening or if they will have
to make further investments. Private investment in new infrastructure
to provide treatment and processing capacity to meet the requirements
of the Directive will be predicated on the certainty provided
by the implementing regulation.
4. The CBI recommendations to government
in terms of implementation of the WEEE Directive included the
need to ensure that timely regulation and guidance are provided.
Without this business will not have the clarity on which to base
investment decisions. Previous experience, for example, with the
End of Life Vehicle, the Landfill Directive or with regulation
dealing with the removal of ozone depleting substances from fridges
where business was given no certainty on investments needed in
new fridge processing infrastructure, illustrate the poor record
the UK government has on implementing EU Environmental directives.
5. In our different submissions on the WEEE
Directive to government, the CBI has recommended the need to ensure
harmonised implementation across all Member States with minimum
scope for variation to avoid the creation of distortions within
the EU. Harmonisation across Europe would ensure that companies
operating within the UK are not at a competitive disadvantage
to similar companies on mainland Europe or have to comply with
25 different interpretations and implementations. Business is
also keen to see harmonised transposition across England, Wales,
Scotland and Northern Ireland, taking into account the local infrastructure.
6. The CBI fully supports the Government's
emphasis on cost efficiency, flexibility and competition in its
proposals for the implementation of the WEEE Directive. These
must remain the focus when agreeing the details on the issues
still outstanding. For further information on WEEE (please
contact Richard Foreman—richard.foreman@cbi.org.uk
THE REGISTRATION,
EVALUATION AND
AUTHORISATION OF
CHEMICALS (REACH) REGULATORY
FRAMEWORK
1. CBI members are concerned that a situation
of regulatory overlap may arise in the process of determining
which agency will be the Competent Authority (CA) for REACH. Although
REACH is a regulation not a Directive, there is still a question
of how the UK deals with its implementation. So far, there are
two bids for CA. One by the Environment Agency (EA) accompanied
by the Health and Safety Executive (HSE) and one by the Pesticides
Safety Directorate (PSD). The former bid is not supported by Scotland,
as the EA has no jurisdiction there, but the Scottish Environment
Protection Agency does not have adequate resources to make a bid.
The latter bid would be supported by Scotland but would still
co-opt resources from the EA and the HSE as the PSD does not have
the adequate resources, or indeed the experience, to manage REACH
either. This example highlights one type of problem that occurs
in the UK implementation process of EU legislation. For further
information on REACH, please contact Alice Hume—alice.hume@cbi.org.uk
THE CONSUMER
CREDIT ACT
1. Another example of where timing will
play an important role is the Consumer Credit Act. The Act is,
of course, completely separate from the EU Consumer Credit Directive
but this Directive is being reviewed, which means that further
legislation will have to be introduced in the not too distant
future. Business finds it surprising that the Government has introduced
this legislation at a time when it is known that there is a Directive
in the pipeline in Europe. For further information on the Consumer
Credit Act please contact Linda Jackson—linda.jackson@cbi.org.uk
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