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How can we ensure compliance with environmental regulations during business operations?

In simple terms, environmental compliance is the set of laws designed to incentivize, and in some cases, require from companies compliance with regulations, emissions standards and various types of permits. It is important for companies to implement environmental management systems and by staying informed about local and international regulatory updates.

Businesses operating Internationally should strictly follow a complex set of regulations ensuring the safeguarding of natural resources and the reducing of environmental impact. There are a certain number of environmental frameworks, among which we should mention:

  • The Stockholm Convention: A global treaty that aims to protect public health and the environment from persistent pollutants(POPs). It was adopted by the Conference of Plenipotentiaries on May 22, 2001 in Stockholm, Sweden. The Convention entered into force on 17 May 2004. The convention requires parties to take measures to reduce or even eliminate the release of the POPs into the environment.
  • Paris Agreement: According to the UNFCCC, the Paris Agreement is a legally binding international treaty on climate change. It was adopted by 196 Parties at the UN Climate Change Conference (COP21) in Paris, France, on December 12, 2015. It entered into force on November 4, 2016. This global treaty aims to limit global warming to well below 2°C above pre-industrial levels.

In the USA, it is crucial for businesses to comply with the Environmental Protection Agency (EPA) that ensures key laws such as The Clean Air Act, The Clean Water Act, Resource Conservation and Recovery Act (RCRA), Toxic Substance Control Act (TSCA), etc.

In addition, in Europe, the European environmental policy follows a number of principles such as precaution, prevention, rectifying pollution at the source and the implementing and enforcing polluter payments. Let’s not forget about the environmental regulations implemented by the European Union, that can be outlined as:

  • Registration, Evaluation, Authorization and Restriction of Chemicals (REACH): According to ECHA (The European Chemicals Agency is an agency of the European Union ), To comply with the regulation, companies must identify and manage the risks linked to the substances they manufacture and market in the EU. They have to demonstrate to ECHA how the substance can be safely used, and they must communicate the risk management measures to the users. If the risks cannot be managed, authorities can restrict the use of substances in different ways. In the long run, the most hazardous substances should be substituted with less dangerous ones.
  • Natura 2000: According to the European Environment Agency (EEA), member States must take measures within Natura 2000 to maintain and restore the habitats and species in a favourable conservation status, avoiding activities that could significantly disturb these species, result in deterioration of their habitats or damage habitat types.

These European frameworks support not only regulatory compliance, but also cross-border cooperation and sustainability.

When it comes to frameworks implemented by Asia, in 2005, The Asian Environmental Compliance and Enforcement Network (AECEN) was established to promote improved compliance with legal requirements in Asia through regional exchange of innovative policies and practices. 

Between the USA, Europe and Asia, the environmental regulatory motivations are very different, in the sense that in the USA, sustainability is reflected through strict compliance and heavy penalties in case violations occur. However in Europe, it is driven by strong environmental ethics through the regulatory principles, such as the precautionary principle, which could mean protecting the environment even when there is scientific uncertainty. Finally, in the case of Asia, the ensuring of environmental compliance varies across the region. For example, in India, there is a high focus on improving the quality of air, but in Japan, since their emphasis is on technological innovation, the country has robust regulations on industrial waste and emissions. Se we could say that it’s a matter of priority.

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