EU ENVIRONMENTAL LEGISLATION: VIEWS OF THE EUROPEAN COMMERCE SECTOR

1. EU ENVIRONMENTAL LEGISLATION: VIEWS OF THE EUROPEAN COMMERCE SECTOR Christel Davidson, Environment Adviser www.eurocommerce.be

2. 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

3. Federations & Companies Svensk Handel VOSZ NCHC NRZHIU SESME Reál Hungária EuroCommerce represents a unique mix of companies - from world leading international companies all the way down to the corner shop

4. 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”

5. 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

6. Horizontal strategic subjects for commerce • Image of commerce • Competitiveness • Better regulation • Service to consumers

7. 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 The organisation Board & Steering committee: political level Policy Committees: technical level Their work is consensus based

8. EuroCommerce and the Environment • Environment and Logistics Committee • 3 working groups • Stores and Buildings • Products • Logistics

9. The Brussels scene EU Commission Federations (EuroCommerce), NGOs, lobbyists, etc. Press +/- 3.000 journalists -proposes Council 27 Member States - adopts legislation European Parliament 785 MEPs - adopts legislation

10. Competence and Influence European Commission - European Parliament - Council of Ministers Legislation EuroCommerce National Lobby Companies Eurocommerce

11. 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)

12. 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

13. 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

14. 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

15. 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

16. REACH(Registration, Evaluation and Authorisation of Chemicals) • Substances in articles (affected as importers (I), producers (P) of own-brand products) • Only representative

17. 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

18. 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

19. Substances in articles: notification • Notification of all substances of very high concern (svhc) contained in articles: • in quantities above 1 tonne per year AND • present in a concentration above 0.1% weight by weight • 1st candidate list – probably early 2009 (substances CMRs, PBT, vPvB)

20. 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.)

21. 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

22. 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

23. 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

24. WEEE directive • Internet consultation • Relevant elements for the commerce sector • producer responsibility • scope of the directive

25. 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

26. 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

27. Conclusion • More and more environmental constraints on businesses • Need to anticipate, hence the importanceof monitoring EU legislation • Special attention to SMEs

28. Thank you for your attention ! Christel Davidson, Environment Adviser Contact: Ave. Des Nerviens 9-31 1040 Brussels Email: davidson@eurocommerce.be Tel. +32 737.05.90 EuroCommerce The voice of commerce in Brussels