EU ENVIRONMENTAL LEGISLATION:

VIEWS OF THE EUROPEAN COMMERCE SECTOR

Christel Davidson, Environment Adviser

www.eurocommerce.be

What is EuroCommerce

• EuroCommerce was founded in 1993

• Represents the retail, wholesale and international trade sector

• More than 100 members:

– national trade associations from 29 countries– individual companies – European and national sectorial trade

associations

Federations & Companies

EuroCommerce represents a unique mix of companies - from world leading international companies all the way down to the corner shop

NCHC

SESME

VOSZ

Reál Hungária

NRZHIU

Svensk Handel

Commerce in the EU

• 11% of EU GDP; • 6 millions enterprises, 95% of these are

small enterprises; • Interface between industry and the 493

million consumers across Europe• Providing jobs for 30 million people from all

parts of society

“A thriving sector bringing Wealth to the European Economy”

Our mission

• To promote the common interests of a sector vis-à-vis the EU institutions

• To lobby throughout the legislative process

• To educate EU decision makers to the impact of future legislation

• To provide timely and comprehensive information to members of the federation

Horizontal strategic subjects for commerce

• Image of commerce• Competitiveness• Better regulation• Service to consumers

The organisation

• Corporate Social Responsibility

• Enlargement• Environment and Logistics • Fiscal Affairs • Food Law

• Information and Communication Technologies

• Internal market and consumer protection

• International Trade• Payment systems• Social Affairs• SMEs

Their work is consensus based

Board & Steering committee: political level Policy Committees: technical level

EuroCommerce and the Environment

• Environment and Logistics Committee– 3 working groups

•Stores and Buildings•Products •Logistics

The Brussels scene

European Parliament785 MEPs

- adopts legislation

-proposes

EU Commission

Council27 Member States- adopts legislation

Federations (EuroCommerce),

NGOs,lobbyists, etc.

Press+/- 3.000journalists

Competence and Influence

European Commission

- European Parliament- Council of Ministers

Legislation

EurocommerceEuroCommerce National Lobby

Companies

Why is it important to be present ?

Influence EU legislation – Directives and Regulations before adoption

• Early information: - what is discussed today in Brussels will impact on your activities tomorrow

• Open decision makers to “real life” cases: - concrete and practical examples improve the quality of legislation (important in particular for companies, e.g. own-brand-products)

Communication Tools

• Position Papers (bilateral meetings, consultations, stakeholder meetings etc.)

• Flash

• MEP-Newsletter

• Annual Report

• Press release

• Manifesto

• www.eurocommerce.be (extranet for members)

• CEO Newsletter

Everybody should get involved

Thai businesses can and should also lobby and influence the EU decision-makers directly or by means of: – associations– Thai Permanent Representation to

the EU

Commerce and EU Environmental Legislation

• Environmental Legislation >200 Directives, Regulations etc. covering all areas (waste, nature conservation, products policy etc.)

• Always more legislation, always more complex leading to contradictory and conflicting messages e.g. anti-dumping duties on energy efficient light bulbs

• Does not take into account the realities of the supply chain (timeframes etc.)

• More and more pressure on retailers

Implications for Thai companies

• More pressure put on our suppliers– stricter rules need to be met– late warning resulting in adaptation

periods being very short– better control of the supply chain – more controls

• Important for companies to be well-informed on what is happening and what lies ahead for them

REACH (Registration, Evaluation and Authorisation of

Chemicals)

• Substances in articles (affected as importers (I), producers (P) of own-brand products)

• Only representative

Substances in articles: registration

• Registration of all substances present in articles produced and/or imported:

– in quantities above 1 tonne per year

AND

– which are intended to be released

Substances in articles: registration

• Normally, but not necessarily I, P, will decide which articles have intended release

• Suppliers to provide information on the composition of the article they sell us i.e. the name (CAS-Number) of the substances intended to be released, as well as the quantities of all the substances present in the article which are intended to be released

• I, P, will calculate if 1t threshold is attained. If yes, pre-register before 1 Dec. 2008

Substances in articles: notification

• Notification of all substances of very high concern (svhc) contained in articles:– in quantities above 1 tonne per yearAND– present in a concentration above 0.1%

weight by weight

• 1st candidate list – probably early 2009 (substances CMRs, PBT, vPvB)

Substances in articles: notification

• Suppliers of articles to inform I, P, if svhc contained in articles in concentration >0,1 % (w/w)

• Minimum info. to provide: – name of substance – information allowing the safe use of the article in

a format understandable to the final user • Suppliers to be up to date on contents of the list • Notification to start on 1 June 2010 then at the

latest 6 months after a new substance has been added to the list

• Importers may ask for more information (information to consumer requirements, replacing svhc etc.)

Areas of concern

• Definition of intended to be released vs preparation

• Definition of 0.1 % whole article but some member states are challenging this

• Notification vs information flow discrepancies

Only Representative

• As of 30 November 2008, all chemicals entering the EU market must be pre-registered. If not you may no longer be allowed to sell your products on the EU market.

• Pre-registration by your EU customers • Alternative is to appoint an O.R. is an EU-based

legal entity appointed by you, who in charge of carrying out registration for non-EU manufacturers

• Commission recently clarified that the 1t thresholds applies to each individual company

Next steps

• All the work is now at company level• EuroCommerce members have been

encouraged to raise-awareness among their suppliers

• Identify all preparation and articles with intended release

• Suppliers to provide necessary information to their customers – ensure that they will be pre-registered

• Prepare to pre-register – deadline 30 Nov. 2008• Start keeping an eye opened for candidate list

WEEE directive

• Internet consultation

• Relevant elements for the commerce sector– producer responsibility– scope of the directive

What are we asking for?

• Clear definition of producer and distributor• Placing on EU market rather than national

territory• Harmonisation of financial responsibilities,

frequencies and formats of reporting, registering and making information available

• List or products falling under the scope of the directive

Eco-design of Energy Using Product Directive

• Suppliers will have to comply with new requirements - non-compliant products will not be allowed on the EU market

• Deadlines could be very short• Non-energy products could soon be

targeted• Important to get involved in preparatory

studies

Conclusion

• More and more environmental constraints on businesses

• Need to anticipate, hence the importance of monitoring EU legislation

• Special attention to SMEs

Thank you for your attention !

Christel Davidson, Environment Adviser

Contact:Ave. Des Nerviens 9-31

1040 BrusselsEmail: davidson@eurocommerce.be

Tel. +32 737.05.90

EuroCommerceThe voice of commerce in Brussels