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target from 70%-100%. Forrecycling targets the range wouldbe set at 45%-55%, 55%-65% or65%-75%, with slightly highertargets for car batteries. Views arealso sought on the introduction ofproducer responsibility, which wouldinvolve establishing free collection andtake back facilities. In addition, highercollection and recycling targets areproposed for batteries containingcadmium, with the possibility of a targetfor cadmium recovery from spentbatteries. Stakeholder input is also beingrequested on banning the use of cadmiumin batteries where commercially viablesubstitutes exist. All views must reach theCommission by 28 April 2003.(European Commission, February 2003)LandfillA Decision for waste acceptance criteriaand procedures at landfills has beenpublished in the Official Journal. TheDecision sets out what types of wasteshould and should not be accepted atparticular kinds of landfill sites. Theworking on incorporating the Decisioninto final guidance.(OJ L 11, 16 January 2003)Waste minimisationThe European Environment Agency (EEA)has published a report containing casestudies on waste minimisation practices inEurope. The report focuses on ten casestudies of the most successful initiatives inEurope in the 1990s to promote andencourage waste minimisation. It isintended to publicise the initiatives so thatother EEA countries can utilise the experiencein meeting their own problemsrelated to waste generation. The study’sother five themes in eight countries includeproducer responsibility, voluntary agreements,legislative requirements,information programmes and waste taxes.The report concludes that the volume ofwaste is continuing to increase, with recyclingshowing a lesser increase over recentyears. However, the report also shows thatencouraging separation at source, reducinglandfilling, increasing recycling and wasteprevention have been developed in manymanagement would have to be to establishthe steps to be taken to achieve this. Theproposal is also an attempt to persuadenational governments to adopt deep undergroundburial as the preferred long-termdisposal route for these waste sources.(COM (03) 32, 30 January 2003)“The Decision sets out what types of waste shouldand should not be accepted at particular kinds oflandfill sites.”Landfill (England and Wales) Regulations2002 (SI 2002 No 1559) require that anoperator must be able to show that wastecan be accepted according to the site’spermit conditions and waste acceptancecriteria. The guidance is relevant to wastecarriers and consignors, as well as landfilloperators when preparing a permit applicationwho also must have theappropriate waste acceptance proceduresin place at sites permitted under PPC. It isparticularly useful for hazardous wasteproducers who now have a clearer viewas to what is required if they wish tocontinue landfill as a disposal option. TheEA issued draft guidance for the UK inSeptember 2002 which already containsthe majority of these measures. It is nowEEA countries and co-operation andexchange of technology and technologyexperience is needed to achieve furtherprogress in waste management.(EEA, January 2003)Radioactive wasteA Directive aimed at ensuring the safemanagement of spent nuclear fuel andradioactive waste has been published bythe European Commission. Intended toprotect the environment from the effects ofionising radiation, it would obligateMember States to ensure spent nuclear fueland radioactive waste was managedwithout contaminating water, soil or airand to appoint an authority to ensure safemanagement of the waste. A programmefor radioactive waste and spent fuelEnvironment Law BulletinApril 200326
SECTION 6Transport and labellingof waste andhazardous substancesUnited KingdomCHIPThe HSE has launched a website giving informationon the Chemicals Hazard Informationand Packaging for Supply (CHIP Regulations2002). The Regulations affect all chemicalsuppliers and are an attempt to ensure thatthose supplied receive the relevant informationrequired to protect themselves, othersand the environment. Suppliers have to identifyhazards such as flammability and toxicity,which together with advice on safe use, hasto be passed on to users, usually throughpackaging labels and safety datasheets. Thewebsite covers an introduction to theRegulations, recent changes and publications,as well as information relating to severalother aspects of CHIP 3 which consolidatesand extends the previous Regulations andcame into force on 24 July 2002.(HSE, January 2003)Carriage of dangerous goodsThe HSE has announced that the preparation ofdraft Regulations on the Carriage of DangerousGoods by Road and Rail is being delayed due tocomplex legal issues. It has stated that it expectsa document to be published in June 2003 for athree-month consultative period. Therefore, it isunlikely that the Regulations will come into forcebefore 1 March 2004. The new Regulations willimplement the 2001 and 2003 texts of RID andADR. Tank manufacturers will not be legallyrequired to manufacture new tanks for use onthe domestic market to approved RID or ADRstandards until the Regulations are in force,although the new standards may be used ifmanufacturers wished to do so. The newRegulations will also complete the implementationof the Transportable Pressure EquipmentDirective (99/36/EC).(Department for Transport, 7 February 2003)A draft statutory instrument intended toamend provisions in existing Carriage ofDangerous Goods Regulations relating tothe construction, inspection, testing anduse of tanks and pressure receptacles hasbeen issued for consultation. This isintended as an interim measure to ensurethere is no gap between existing requirementswhich expire on 1 July 2003 whenrequirements fully implementing equivalentprovisions in RID, ADR and theTransportable Pressure Equipment Directiveare due to be put into place in a single setof consolidated regulations (see above). Asa result, existing requirements will continueto apply until the draft Regulations comeinto force. The amending Regulations,therefore, defer the date when the existingrequirements expire until the end of 2004.Responses to the consultation should havereached HSE by 2 April 2003.European UnionImport and export(HSE, 20 February 2003)An EU Regulation No 304/2003 concerningthe export and import of dangerous chemicalshas entered into force after beingpublished in the Official Journal. It repealsand replaces Regulation (EEC) No 2455/92and implements the Rotterdam Conventionon Prior Informed Consent (PIC) for trade inhazardous chemicals and pesticides. Underthe new Regulation, importers have toexplicitly consent to receiving chemicals thatare banned or severely restricted in the EU.Those that are banned or severely restrictedfor consumer use will continue to form aseparate category and articles containingchemicals that could be released during useor disposal have to be notified for export.Chemicals not likely to affect health or theenvironment in quantities of not more than10 kilograms are exempt. The Commissionhas to review the chemicals listed annually.Gasoline, which contains benzene, is alsoexempt from notification requirements.(OJ L 63, 6 March 2003)“The new Regulations will implement the 2001 and2003 texts of RID and ADR.”InternationalRotterdam ConventionThe UN Food and Agricultural Organisation(FAO) has called for several substances tobe added to the PIC procedure under theRotterdam Convention. The substancesinclude five additional forms of potentiallycarcinogenic asbestos; the pesticidesDNOC, parathion and Benomyl-thiramcarbofuranmixture; and the petrol additivestetraethyl and tetramethyl lead. The recommendationswill be discussed by theinter-government negotiating committee ofthe Rotterdam Convention on priorinformed consent, in November 2003. Ifadopted then these chemicals will becomesubject to PIC.(UN News, 11 March 2003)27Environment Law BulletinApril 2003
Page 1 and 2: Environment LawBulletinApril 2003Re
Page 3 and 4: APRIL 2003ContentsArticles Renewabl
Page 5 and 6: “The Government acknowledges that
Page 7 and 8: Alternative energy sourcesThe Direc
Page 9 and 10: “The time limit for full and tran
Page 11 and 12: SECTION 1Liability inenvironment la
Page 13 and 14: “…it states that the UK is stil
Page 15 and 16: efrigerants with less potent greenh
Page 17 and 18: SECTION 3Water“The proposedlegisl
Page 19 and 20: ships as it relies on shipping for
Page 21 and 22: SECTION 5Waste“A plant will only
Page 23 and 24: guidance for monitoring particulate
Page 25: sible for the pollution cannot be i
Page 29 and 30: “…the report said that there is
Page 31 and 32: “The guidance is intended to help
Page 33 and 34: “Consent has been granted for bui
Page 35 and 36: that environmental protection andim
Page 37 and 38: “The move could have far reaching
Page 39 and 40: “…there were 241 offshore hydro
Page 41 and 42: “The report is likely to be a pre
Page 43 and 44: listing regimes in the UK with thos
Page 45 and 46: HELEN HARRISONhelen.harrison@cmck.c
Page 47 and 48: environmental effects. Finally, the
Page 49 and 50: Health and safety - finesYorkshire
Page 51 and 52: conclude that there was no duty of

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