This is a list of select proposed EHS regulatory changes in Canada, the United States, and the European Union. Nimonik monitors EHS legislation, regulation sand standards in over 30 countries and 400 jurisdictions. If you would like to track EHS legislation in specific regions, jurisdictions or countries, we are happy to help. Please send us a request for more information here and we will get in touch shortly.
Canada
- Federal – Order Adding a Toxic Substance to Schedule 1 to the Canadian Environmental Protection Act, 1999
- Manitoba – New and amended regulations under The Water Resources Administration Act
- Manitoba – Bill 14 – The Budget Implementation and Tax Statutes Amendment Act, 2023
- Manitoba – Renewed Recycling and Waste Diversion Plans
- Northwest Territories – Proposed Amendments to Hours-of-Service Regulations under the Motor Vehicles Act for Electronic Logging Devices
- Nova Scotia – Bill 269 – Construction Projects Labour Relations Act (amended)
- Ontario – Bill 71, Building More Mines Act, 2023
- Ontario – Proposal to make consequential administrative amendments to several regulations under the Mining Act
- Ontario – Proposed regulatory changes to closure plan rehabilitation requirements for advanced exploration and mine production and adding an additional class of facilities to the list of such classes that are excluded from the definition of “mine”.
- Ontario – Moving to a project list approach under the Environmental Assessment Act
- Quebec – Bill 19, An Act respecting the regulation of work by children
- Saskatchewan – Bill 116 – The Plant Health Act
- Yukon – Proposed Resource Roads Regulation
United States
- Hazardous Materials: Adoption of Miscellaneous Petitions and Updating Regulatory Requirements
- Pesticides; Agricultural Worker Protection Standard; Reconsideration of the Application Exclusion Zone Amendments
- Release of Draft Policy Assessment for the Reconsideration of the Ozone National Ambient Air Quality Standards
- Asbestos Part 1: Chrysotile Asbestos; Regulation of Certain Conditions of Use Under Section 6(a) of the Toxic Substances Control Act (TSCA); Notice of Data Availability and Request for Comment
- Emergency Escape Breathing Apparatus Standards
- PFAS National Primary Drinking Water Regulation Rulemaking
European Union
- Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EU) 2019/1242 as regards strengthening the CO₂ emission performance standards for new heavy-duty vehicles and integrating reporting obligations, and repealing Regulation (EU) 2018/956
- Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EU) 2019/1009 as regards the digital labelling of EU fertilising products
- Proposal for a Regulation of the European Parliament and of the Council amending Regulations (EU) 2019/943 and (EU) 2019/942 as well as Directives (EU) 2018/2001 and (EU) 2019/944 to improve the Union’s electricity market design
- Proposal for a Regulation of the European Parliament and of the Council on establishing a framework of measures for strengthening Europe’s net-zero technology products manufacturing ecosystem (Net Zero Industry Act)
- Proposal for a Regulation of the European Parliament and of the Council establishing a framework for ensuring a secure and sustainable supply of critical raw materials and amending Regulations (EU) 168/2013, (EU) 2018/858, 2018/1724 and (EU) 2019/1020
Canada – Federal
Order Adding a Toxic Substance to Schedule 1 to the Canadian Environmental Protection Act, 1999
Published Date: 18 March 2023
Industry Sector: General Industry
The Government of Canada has announced its intention to modify the List of Toxic Substances contained in Schedule 1 of the Canadian Environmental Protection Act, 1999 by adding free cyanide, cyanide salts, and cyanide complexes to the list.
According to the Government of Canada, such substances are “used in industrial applications and in products available to consumers, including corrosion inhibitors and anti-scaling agents, dyes, oil and natural gas extraction, paints and coatings, personal care products and solid separation agents,” as anticaking agents in road salts, and food additives.
Interested persons can make comments concerning this change until 17 May 2023.
Additional information is available here.
Canada – Manitoba
New and amended regulations under The Water Resources Administration Act
Published Date: 7 March 2023
Industry Sector: General Industry
The Government of Manitoba has announced its intention to update rules governing provincial water infrastructure “by introducing a permit system to authorize third-party developments or activities on Provincial Water Infrastructure (PWI), aligning procurement-related provisions for water infrastructure with existing regulation, exempting certain activities from requiring a permit, and allowing transitional validity of existing policy-based authorizations.”
The changes would be made by amending the Designated Reservoir Areas Regulation and enacting two new regulations, the Contracts Regulation and the Provincial Water Infrastructure Permit Exemptions Regulation.
Interested parties may submit comments here.
Additional information is available here.
Bill 14 – The Budget Implementation and Tax Statutes Amendment Act, 2023
Published Date: 20 March 2023
Industry Sector: General Industry, Building Management & Maintenance
The Government of Manitoba has announced its intention to revise various tax measures, notably concerning carbon and other environmental taxes. According to the government, the changes would “[implement] the carbon tax relief credit,” set limits for certain personal income tax brackets for 2024, – “[make] the green energy equipment tax credit permanent,” and make the mineral exploration tax credit permanent.
The changes would be made by amending documents including The Income Tax Act.
Additional information is available here.
Renewed Recycling and Waste Diversion Plans
Published Date: 27 March 2023
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance
The Government of Manitoba is seeking feedback on “program plans for the responsible management of end-of-life materials for electrical and electronic equipment, household hazardous waste, medical and medical sharps, tires, agricultural packaging, and used oil, oil filters and containers.”
Interested parties may submit comments on any of the fifteen plans until 28 April 2023.
Additional information is available here.
Northwest Territories
Proposed Amendments to Hours-of-Service Regulations under the Motor Vehicles Act for Electronic Logging Devices
Published Date: 13 March 2023
Industry Sector: Road Transportation Industry
The Government of the Northwest Territories has announced its intention to update rules concerning the use of electronic logging devices (ELDs) by commercial vehicles. According to the government, the changes would “require the use of ELDs for commercial vehicles weighing at or above 4,500 kilograms operating in the Northwest Territories (NWT).” They could also include an exemption to this requirement “for commercial vehicles weighing at or under 11,794 kilograms that are only driven in the NWT.”
The changes would be made by amending the Hours of Service Regulations.
Interested parties may submit comments until 13 April 2023.
Additional information is available here.
Nova Scotia
Bill 269 – Construction Projects Labour Relations Act (amended)
The Government of Nova Scotia has announced its intention to expand the applicability of rules governing labour relations in the construction industry. The changes would include the on-site construction of green hydrogen facilities (and associated onshore and offshore wind power facilities) in the definition of “designated construction projects,” to which these rules apply.
The change would be made by amending the Construction Projects Labour Relations Act.
Additional information is available here.
Ontario
Bill 71, Building More Mines Act, 2023
Published Date: 9 March 2023
Industry Sector: Mining & Minerals Industry
The Government of Ontario has announced its intention to update rules for the mining industry that mainly concern closure plans and recovery permits.
According to the government, the changes would notably “provide that a closure plan respecting advanced exploration may be filed even if it does not meet [certain requirements] if the proponent obtains an order from the Minister permitting the filing.” Such an order would provide that outstanding requirements be fulfilled within a specified period. Rules governing the filing of a “closure plan respecting mine production” would be similarly revised “in relation to the filing of an amendment to a filed closure plan.” Other changes would:
- “provide that regulations setting out the requirements for a submitted closure plan or amendment to a closure plan may require that a statement [is] included in the closure plan or amendment [and is] certified by a qualified person or other individual specified by the regulations”;
- “limit the number of circumstances in which a proponent must give notice of a material change in respect of a project”;
- provide that if a change to the financial assurance in a closure plan is approved by the Minister, “an amendment to the closure plan is deemed to have been filed”; and
- “provide that the condition of the land following remediation [after recovery of minerals or mineral bearing substances] must be comparable to or better than it was before the recovery”.
The changes would be made by amending the Mining Act.
The Ontario Ministry of Mines is also conducting various consultations about the proposed changes for which comments may be submitted until 16 April 2023:
- Click here to submit comments on changes concerning “the closure plan framework […] to improve timelines for preparing closure plans, reduce proponents’ up-front expenses for opening or changing a mine, minimize the number of notifications and closure plan amendments required, and improve flexibility in closure planning.”
- Click here to submit comments on changes concerning “the requirements for obtaining a ‘recovery permit’.”
- Click here to submit comments on changes concerning the reduction of administrative burdens and clarified requirements for site rehabilitation.
Additional information is available here.
Proposal to make consequential administrative amendments to several regulations under the Mining Act
Published Date: 9 March 2023
Industry Sector: Mining & Minerals Industry
The Government of Ontario has announced its intention to update various regulations for the mining industry that mainly concern closure plans and recovery permits pursuant to the changes proposed by Bill 71, Building More Mines Act, 2023.
According to the government, the changes to regulations would notably create “a procedure that mining companies (‘proponents’) can request an order from the Minister providing for the conditional filing of a closure plan,” and amend “the process of providing financial assurance to allow proponents to submit financial assurance associated with their closure plan in phases to match the development/construction schedule of the site (‘phased financial assurance’)”.
The changes would be made by amending regulations including Advanced Exploration, Mine Development and Closure Under Part VII of the Act, General – Mining Act, General – Endangered Species, and Work Permit – Disruptive Mineral Exploration Activities.
Interested parties may submit comments until 23 April 2023.
Additional information is available here.
Proposed regulatory changes to closure plan rehabilitation requirements for advanced exploration and mine production and adding an additional class of facilities to the list of such classes that are excluded from the definition of “mine”.
Published Date: 9 March 2023
Industry Sector: Mining & Minerals Industry
The Government of Ontario has announced its intention to update various regulations for the mining industry that mainly concern closure plans and mine rehabilitation requirements pursuant to the changes proposed by Bill 71, Building More Mines Act, 2023. According to the government, the changes to regulations would notably:
- “[require] that a closure plan contain certifications from one or more qualified persons, stating that the closure plan either:
- “complies with the requirements of each applicable Part of the [Mine Rehabilitation Code] or
- “otherwise meets or exceeds the objective of that Part of the Code”;
- “[modify] certain rehabilitation standards to improve clarity and operational function, or, where appropriate, make them more flexible”;
- add new rules concerning site infrastructure;
- allow, in certain circumstances, “time-consuming studies to be delivered after the commencement of mine development, instead of requiring that such studies be completed and included in a closure plan before development starts”; and
- provide that “facilities that are not co-located with a mine site and that process battery mineral concentrates that will not result in additional tailings” would be excluded from the definition of “mine”, and thus not require closure plans.
The changes would be made by amending Advanced Exploration, Mine Development and Closure Under Part VII of the Act.
Interested parties may submit comments until 23 April 2023.
Additional information is available here.
Moving to a project list approach under the Environmental Assessment Act
Published Date: 10 March 2023
Industry Sector: General Industry
The Government of Ontario has announced an update to its proposal to move its environmental assessment (EA) program to a project list approach, initially published on November 26, 2021. According to the government, the updated proposal would “[move] all transportation (highways and rail) and electricity transmission projects that had been proposed for a comprehensive EA to a streamlined EA process [and] includes a new transition provision for waterfront projects.”
Changes to the proposed EA framework “for waste projects, waterpower facilities [and] large oil electricity generation facilities” have not been modified.
Interested parties may submit comments until 9 May 2023.
Additional information is available here.
Quebec
Bill 19, An Act respecting the regulation of work by children
Published Date: 28 March 2023
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance
The Government of Quebec has announced its intention to update rules governing children’s ability to work.
According to the government, the changes would “prohibit an employer from having work performed by a child under the age of 14 and […] determine the cases in which and conditions on which this prohibition does not apply.” It would also establish “that the number of hours of work that an employer may have performed by a child subject to compulsory school attendance may exceed neither 17 hours per week nor 10 hours from Monday to Friday.”
They would also require employers to identify and analyse in their prevention programs and action plans “the risks that may affect in particular the health or safety of workers who are 16 years of age or under.”
These changes would be made by amending the Act respecting labour standards, An Act respecting Occupational Health and Safety, and the Regulation respecting labour standards.
Saskatchewan
Bill 116 – The Plant Health Act
Published Date: 21 March 2023
Industry Sector: General Industry, Building Management & Maintenance
The Government of Saskatchewan has announced its intention to update rules concerning the protection of plants and control of pests.
The new rules would require owners and occupants of land to “control, destroy and prevent the spread of [pests],” plants, and vegetative materials on their land that contribute to the spread of pests, and would introduce related notification requirements (to the government, occupants, and persons who have access to the land).
They would also establish a framework for appointing pest control officers and setting out their responsibilities. Notably, pest control officers would be able to issue orders to any person compelling them to comply with the requirement to “control and prevent the spread of pests, […] destroy any crop, vegetation, vegetable [or] any seeds, roots, tubers or other vegetative materials,” that may contribute to the spread of pests.
The changes would be made by enacting The Plant Health Act, which would replace the Pest Control Act.
Yukon
Proposed Resource Roads Regulation
Published Date: 8 March 2023
Industry Sector: Mining & Minerals Industry, Oil & Gas Industry, Utilities & Communications Industry
The Yukon Government has announced its intention to introduce rules that would govern the use, decommissioning, and reclamation of resource roads.
According to the government, a resource road “is a road that accesses, or is intended to access, a resource. It is not a public road.” Resources include mines and minerals, oil and gas, aggregate materials, coal, and certain energy generation on public lands (ex. water for hydro, wind, and geothermal energy).
The rules would establish conditions for obtaining permits to construct and access such roads and decommissioning requirements.
This rule framework would be codified by the enactment of a new Resource Roads Regulation.
Interested parties may respond to a survey here until 8 May 2023.
Additional information is available here, here, and here.
United States
Hazardous Materials: Adoption of Miscellaneous Petitions and Updating Regulatory Requirements
Published Date: 3 March 2023
Industry Sector: General Industry
The United States Pipeline and Hazardous Materials Safety Administration (PHMSA) has announced its intention to update rules governing the management of certain hazardous materials. According to PHMSA, the changes would–
- incorporate by reference various industrial standards concerning hazardous materials management from the Compressed Gas Association (CGA), the Institute of Makers of Explosives (IME), and the United Nations (UN);
- modify the definition of “liquid” to include “the test for determining fluidity (penetrometer test) […] as an alternative method for determining if a material is a liquid”;
- “add a new special provision ‘TP48’ to allow the use of IM 101 and 102 portable tanks when transported in accordance with SLP-23“;
- “revise special provision ‘148’ to require materials assigned this provision to be subject to the Vented Pipe Test”;
- reference “special provision TP48” for certain entries in the Hazardous Material Table (HMT);
- “allow an option to use a placard that meets the label specification size requirements in [49 CFR 172 Subpart E Labeling] for combustible liquids transported in [intermediate bulk containers]”;
- add “Division 6.1, PG I materials (no inhalation hazard)” to the list of materials authorized for an exception for transporting certain hazardous materials in de minimis quantities;
- “state that gas mixtures with component(s) that are liquefied gases may be described using the appropriate hazardous materials description of a non-liquefied compressed gas in the HMT” in certain circumstances;
- “clarify that lithium button cell batteries installed in equipment are not subject to any per package or consignment limitations”;
- state that certain bulk packaging requirements for ammonium nitrate are “not applicable when ‘UN3375, Ammonium nitrate emulsion’ is transported in IM 101 or 102 portable tanks in accordance with SLP-23 (2021)”;
- “require that cylinders [used for transporting liquefied compressed gases] be equipped with pressure relief devices sized and selected as to type, location, and quantity, and tested in accordance with CGA S-1.1“;
- “specify packaging restrictions for transporting compressed natural gas and methane in UN seamless steel pressure receptacles”;
- add “a list of [hydrofluorocarbons (HFCs)] that are being phased out for use and transportation” and outline the phaseout dates and related exemptions; and
- “specify that a DOT 3-series specification cylinder that is 12 feet or longer with an outside diameter greater than or equal to 18 inches and supported by the neck mounting surface during transportation in commerce must be inspected at least every 10 years.”
Interested parties may submit comments until 2 May 2023.
Additional information is available here.
Pesticides; Agricultural Worker Protection Standard; Reconsideration of the Application Exclusion Zone Amendments
Published Date: 13 March 2023
Industry Sector: Agriculture Industry, Forestry Industry, Animal Production & Aquaculture Industry, Chemicals Industry
The United States Environmental Protection Agency has announced its intention to “reinstate certain requirements […] regarding the application exclusion zone (AEZ) requirements” to protect agricultural workers. According to the EPA, the changes would–
- require “pesticide handlers to suspend applications if any worker or other person, other than appropriately trained and equipped handlers involved in the application, enters an AEZ regardless of whether they are on or off the establishment” or “in an area subject to an easement”;
- specify “a distance of 100 feet for ground-based fine spray applications [and] a 25-foot AEZ for ground-based applications using medium or larger droplet sizes sprayed above 12 inches”;
- “reinstate all applicable determination criteria from the 2015 [worker protection standard] with the exception of the Volume Median Diameter (VMD) droplet size criterion when making distance determinations”;
- “replace VMD by citing standards that more accurately define medium droplet sizes”;
- “remove VMD as a criterion for entry restriction distances during enclosed space production pesticide applications and instead [use] the same droplet size standards as those used for outdoor production”; and
- maintain some rules, “such as the provision that clarifies that pesticide applications that were suspended due to individuals entering an AEZ may be resumed after those individuals have left the AEZ, and the exemption that allows farm owners and members of their immediate family (as defined in 40 CFR 170.305) to shelter within closed structures within an AEZ during pesticide applications, provided that the owner has instructed the handlers that only the owner’s immediate family are inside the closed shelter and that the application should proceed despite their presence.”
Interested parties may submit comments until 12 May 2023.
Additional information is available here.
Release of Draft Policy Assessment for the Reconsideration of the Ozone National Ambient Air Quality Standards
Published Date: 15 March 2023
Industry Sector: General Industry, Building Management & Maintenance
The United States Environmental Protection Agency has made available a “Policy Assessment for the Reconsideration of the Ozone National Ambient Air Quality Standards, External Review Draft Version 2 (Draft PA),” to reconsider recent national ambient air quality standards (NAAQS) for ozone (O3).
According to the EPA, when finalized, the PA will “‘bridge the gap’ between the scientific and technical information assessed in the 2020 Integrated Science Assessment for Ozone and Related Photochemical Oxidants (2020 ISA), as well as any air quality, exposure and risk analyses available in the reconsideration, and the judgments required of the Administrator. The primary and secondary O3 NAAQS are set to protect the public health and the public welfare from O3 and other photochemical oxidants in ambient air.”
Interested parties may submit comments until 14 April 2023.
Additional information is available here.
Asbestos Part 1: Chrysotile Asbestos; Regulation of Certain Conditions of Use Under Section 6(a) of the Toxic Substances Control Act (TSCA); Notice of Data Availability and Request for Comment
Published Date: 17 March 2023
Industry Sector: Oil & Gas Industry, Chemicals Industry, Hardware Manufacturing Industry
The United States Environmental Protection Agency (EPA) is requesting feedback on information it received concerning its proposed rules to regulate the use of chrysotile asbestos. The information “[pertains] to chrysotile asbestos diaphragms used in the chlor-alkali industry and chrysotile asbestos-containing sheet gaskets used in chemical production and may be used by EPA in the development of the final rule, including EPA’s determination of what constitutes ‘as soon as practicable’ with regard to the proposed chrysotile asbestos prohibition compliance dates for these uses.”
Interested parties may submit feedback until 17 April 2023.
Additional information is available here and here.
Emergency Escape Breathing Apparatus Standards
Published Date: 22 March 2023
Industry Sector: Rail Transportation Industry
The United States Federal Railroad Administration (FRA) has announced its intention to update rules concerning occupational noise exposure for the rail industry.
According to the FRA, the changes would primarily “require that railroads provide an appropriate atmosphere-supplying emergency escape breathing apparatus to every train crew member and certain other employees while they are occupying a locomotive cab of a freight train transporting a hazardous material that would pose an inhalation hazard in the event of release during an accident.”
Interested parties may submit comments until 20 June 2023.
Additional information is available here.
PFAS National Primary Drinking Water Regulation Rulemaking
Published Date: 29 March 2023
Industry Sector: General Industry, Building Management & Maintenance
The United States Environmental Protection Agency (EPA) has announced its intention to “establish legally enforceable levels, called Maximum Containment Levels (MCLs) for six [per- and polyfluoroalkyl Substances (PFAS)] substances.”
The rules would “regulate perfluorohexane sulfonic acid (PFHxS), hexafluoropropylene oxide dimer acid (HFPO-DA) and its ammonium salt (also known as a GenX chemicals), perfluorononanoic acid (PFNA), and perfluorobutane sulfonic acid (PFBS), and mixtures of these PFAS as contaminants.”
According to the EPA, PFAS are “useful in a variety of products, including nonstick cookware, waterproof clothing, and firefighting foam, as well as in certain manufacturing processes.” Exposure to these substances is associated with negative health effects, and they “can enter the environment from multiple sources, and because they tend to break down very slowly in the environment, PFAS can end up in the water sources that many communities rely on for drinking water.” They are also known as ‘forever chemicals.’
The proposed regulations for these substances would notably:
- “set the health-based value, the [MCL Goal (MCLG)], for PFOA and PFOS at zero” ;
- set “individual MCLs of 4.0 nanograms per liter (ng/L) or parts per trillion (ppt) for PFOA and PFOS”;
- “use a Hazard Index (HI) approach to protecting public health from mixtures of PFHxS, HFPO-DA and its ammonium salt, PFNA, and PFBS because of their known and additive toxic effects and occurrence and likely co-occurence in drinking water”;
- set “an HI of 1.0 as the MCLGs for these four PFAS and any mixture containing one or more of them because it represents a level at which no known or anticipated adverse effects on the health of persons is expected to occur and which allows for an adequate margin of safety”; and
- “set the MCLs for these four PFAS and for a mixture containing one or more of PFHxS, HFPO-DA and its ammonium salt, PFNA, PFBS as an HI of unitless 1.0.”
MCLGs are “the maximum level of a contaminant in drinking water at which no known or anticipated adverse effect on the health of persons would occur,” whereas MCLs are “the maximum permissable level of a contaminant in water which is delivered to any user of a public water system.”
These changes would be made by amending the National Primary Drinking Water Regulations and the National Primary Drinking Water Regulations Implementation chapters.
Interested parties may submit comments until 30 May 2023. The EPA will also host a public hearing on 4 May 2023.
Additional information is available here, here, and here.
European Union
Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EU) 2019/1242 as regards strengthening the CO₂ emission performance standards for new heavy-duty vehicles and integrating reporting obligations, and repealing Regulation (EU) 2018/956
Published Date: 14 February 2023
Industry Sector: Road Transportation Industry, Hardware Manufacturing Industry
The European Commission has announced its intention to reduce carbon dioxide (CO2) emissions from heavy-duty vehicles in a cost-effective way, while contributing to the EU’s energy security, benefiting European transport operators and users, and strengthening the EU’s industrial technology and innovation leadership. According to the European Commission, the changes would notably:
- expand the scope and set targets for CO2 emissions such as adding trailers, urban buses, coaches and other types of lorries to the scope;
- clarify the definition of certain terms;
- specify the monitoring and reporting of data on new heavy-duty vehicles by Member States and manufacturers;
- remove the zero- and low-emission vehicles (ZLEV) incentive scheme as of 2030; and
- introduce certain exemptions and transfer options for manufacturers.
The changes would be made by amending the Regulation (EU) 2019/1242 and repealing the Regulation (EU) 2018/956.
Additional information about this initiative is available here and here.
Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EU) 2019/1009 as regards the digital labelling of EU fertilising products
Published Date: 27 February 2023
Industry Sector: Chemicals Industry
The European Commission has announced its intention to improve the readability of labels and make it easier for economic operators to manage them while promoting the smooth operation of the internal market and maintaining a high standard of environmental and human health protection. According to the European Commission, the proposed changes would notably:
- introduce voluntary digitization of labels for EU fertilizing products, allowing manufacturers, importers, or distributors to provide all the labelling elements required in a digital format in certain situations;
- require economic operators choosing digital labelling to also provide a physical label containing essential information if the products are sold in packaging to end-users; and
- ensure digitizing labels are accessible free of charge and are easily accessible in the EU.
The changes would be made by amending the Regulation (EU) 2019/1009.
Additional information is available here.
Proposal for a Regulation of the European Parliament and of the Council amending Regulations (EU) 2019/943 and (EU) 2019/942 as well as Directives (EU) 2018/2001 and (EU) 2019/944 to improve the Union’s electricity market design
Published Date: 14 March 2023
Industry Sector: Oil & Gas Industry, Utilities & Communications Industry
The European Commission has announced its intention to optimize the electricity market design to address concerns about short-term price volatility brought on by high fossil fuel prices, to improve the stability and predictability of energy costs, and to increase access to renewable and low-carbon energy sources. According to the European Commission, the proposed changes would notably:
- introduce new rules regarding demand response, forward electricity markets, power purchase agreements, and energy sharing;
- introduce transparency requirements for transmission and distribution system operators;
- introduce new protections for consumers, such as the right to participate in energy sharing, protection from disconnection, and the appointment of suppliers of last resort;
- clarify the role of the European Union Agency for the Cooperation of Energy Regulators in the single allocation platform and investigations of significant cross-border cases; and
- clarify the scope of application of direct price support schemes for renewable energy sources.
The changes would be made by amending Directive (EU) 2018/2001, Regulation (EU) 2019/943, Regulation (EU) 2019/942 and Directive (EU) 2019/944.
Additional information about this initiative is available here and here.
Proposal for a Regulation of the European Parliament and of the Council on establishing a framework of measures for strengthening Europe’s net-zero technology products manufacturing ecosystem (Net Zero Industry Act)
Published Date: 16 March 2023
Industry Sector: Oil & Gas Industry, Utilities & Communications Industry, Hardware Manufacturing Industry
The European Commission has announced its intention to establish a framework of measures for strengthening Europe’s net-zero energy technologies manufacturing ecosystem and to improve the investment environment for the Union’s manufacturing capacity. According to the European Commission, the proposal would notably:
- introduce conditions for manufacturing net-zero technologies;
- provide rules for CO2 injection capacity to accelerate CO2 capture;
- accelerate access to markets for net-zero technologies;
- ensure the availability of a skilled workforce required for net-zero technology industries;
- promote innovation in the field of net-zero technologies by setting up regulatory sandboxes;
- establish governance and monitoring rules to track progress towards the relevant objectives; and
- provide a list of strategic net-zero technologies (e.g., solar photovoltaic and solar thermal technologies, onshore wind and offshore renewable technologies, and battery/storage technologies).
Additional information about this initiative is available here, here, and here.
Proposal for a Regulation of the European Parliament and of the Council establishing a framework for ensuring a secure and sustainable supply of critical raw materials and amending Regulations (EU) 168/2013, (EU) 2018/858, 2018/1724 and (EU) 2019/1020
Published Date: 16 March 2023
Industry Sector: General Industry
The European Commission has announced its intention to address the high supply risk and potential negative environmental and social impacts of critical raw materials (CRMs). According to the European Commission, the proposal would notably:
- identify critical and strategic raw materials;
- establish “[a] framework to strengthen the EU’s strategic raw materials value chain by selecting and implementing Strategic Projects”;
- establish “a mechanism for coordinated monitoring of critical raw materials supply chains and provides measures to mitigate supply risks”;
- lay down “provisions for developing the circularity of critical raw materials markets and lowering the environmental footprint of critical raw materials”; and
- establish “a framework for cooperation on Strategic Partnerships with third countries related to raw materials and to achieve greater synergies between Strategic Partnerships and Member States’ cooperation with relevant third countries”.
Additional information about this initiative is available here and here.
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