israel’s position with regard to oecd council acts and

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Israel’s Position with Regard to OECD Council Acts and Other Relevant Instruments in the Field of Environment – March 2010 1 ISRAEL’S POSITION WITH REGARD TO OECD COUNCIL ACTS AND OTHER RELEVANT INSTRUMENTS IN THE FIELD OF ENVIRONMENT POLLUTER-PAYS PRINCIPLE Recommendation of the council concerning the application of the polluter pays principle to accidental pollution – [C(89)88] Conclusion: Israel accepts this Recommendation. Explanatory comment: The Polluter Pays Principle is incorporated in various ways in the prevention, control and cost of accidental pollution involving hazardous substances. Under the Hazardous Substances Law, 1993, all persons dealing in listed hazardous substances are required to hold a hazardous materials permit for which a differentiated fee is charged based on risk level. The permit specifies obligatory terms and conditions for the operation of the facility, including preventative measures, the implementation costs of which are borne by the operator. In the event of an accident the permit holder is required to take all measures to mitigate the hazard and to remove and cleanup the affected area. In the event of the permit holder's failure to do so, the competent authority can carry out these activities and recoup twice the costs from the permit holder. Additional examples of the application of the polluter pays principle to accidental pollution include: Fines for the accidental or deliberate discharge of sewage or oil into the sea from vessels or land based sources; Fines for pollution over the legal thresholds of pollutants according the environmental legislation, including the Hazardous Substances Law; Fines for unauthorized emissions under the Clean Air Law when it comes into force in 2011; Criminal penalties including fines may be imposed by the courts and recent legislation (the Polluter Pays Law, 2008), enables the imposition of substantial administrative financial sanctions; The costs of certain emergency services are also imposed on the polluter. Recommendation of the council on the implementation of the polluter-pays principle – [C(74)223] Recommendation of the council on guiding principles concerning international economic aspects of environmental policies – [C(72)128] Conclusion: Israel accepts these Recommendations. Explanatory comment:

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Israel’s Position with Regard to OECD Council Acts and Other Relevant Instruments in the Field of Environment – March 2010

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ISRAEL’S POSITION WITH REGARD TO OECD COUNCIL ACTS AND OTHER RELEVANT INSTRUMENTS IN THE FIELD OF ENVIRONMENT

POLLUTER-PAYS PRINCIPLE

Recommendation of the council concerning the application of the polluter pays principle to accidental pollution – [C(89)88]

Conclusion:

Israel accepts this Recommendation.

Explanatory comment:

The Polluter Pays Principle is incorporated in various ways in the prevention, control and cost of accidental pollution involving hazardous substances. Under the Hazardous Substances Law, 1993, all persons dealing in listed hazardous substances are required to hold a hazardous materials permit for which a differentiated fee is charged based on risk level. The permit specifies obligatory terms and conditions for the operation of the facility, including preventative measures, the implementation costs of which are borne by the operator.

In the event of an accident the permit holder is required to take all measures to mitigate the hazard and to remove and cleanup the affected area. In the event of the permit holder's failure to do so, the competent authority can carry out these activities and recoup twice the costs from the permit holder.

Additional examples of the application of the polluter pays principle to accidental pollution include:

� Fines for the accidental or deliberate discharge of sewage or oil into the sea from vessels or land based sources;

� Fines for pollution over the legal thresholds of pollutants according the environmental legislation, including the Hazardous Substances Law;

� Fines for unauthorized emissions under the Clean Air Law when it comes into force in 2011; � Criminal penalties including fines may be imposed by the courts and recent legislation (the

Polluter Pays Law, 2008), enables the imposition of substantial administrative financial sanctions;

� The costs of certain emergency services are also imposed on the polluter.

Recommendation of the council on the implementation of the polluter-pays principle – [C(74)223]

Recommendation of the council on guiding principles concerning international economic aspects of environmental policies – [C(72)128]

Conclusion:

Israel accepts these Recommendations.

Explanatory comment:

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Environment is not a non tariff barrier. Israel does not subsidize energy consumption or polluting energy sources, such as coal or gasoline. However, Israel does not tax the use of coal in the production of electricity. Fuels taxation is similar to the level of OECD countries.

The polluter pays principle has been incorporated into several sector specific legal requirements (listed in the explanatory comment concerning economic instruments) and has recently been strengthened under new legislation - Protection of the Environment (Polluter Pays) Law 2008. The new law significantly increased fines for non compliance and facilitated the use of economic instruments (fines according to polluter profit).

Requests by enterprises for government financial assistance are reviewed for possible adverse environmental impacts. The requests are submitted to a government investment centre in the Ministry of Industry, Trade and Labor. The Ministry of Environmental Protection (MOEP), though an observer, can object to the approval of grants which could constitute government support for a polluter.

ENVIRONMENTAL INFORMATION

Recommendation of the council on environmental information – [C(98)67]

Recommendation of the council on environmental indicators and information – [C(90)165]

Recommendation of the council on reporting on the state of the environment – [C(79)114]

Conclusion:

Israel accepts these Recommendations with a specified timeframe of two years for their implementation (2011).

Explanatory comment:

The MoEP and the Central Bureau of Statistics (CBS) publish documents or upload information on their websites on parameters relevant to the state of the environment, including:

� Environmental indicators included in the annual statistical abstract (CBS); � 15 metrics on sustainable development (Ministry and CBS 2008, to be updated 2009); � ‘A look at the Environment’ (MoEP 2004).

There is no integrated data base of the state of environment in Israel, which could show pressures, conditions and response, and which could show changes over time or monitor policy implementation.

The Ministry, in cooperation with a policy research institute, intends to initiate a new programme to build the necessary information infrastructure. The provisional timetable will be:

� 2009: preparation of work programme and approval of budget (estimated to be 180,000 € over a 3 year period), to be supported by a joint government-research centre initiative. Update of 15 metrics and their comparison with OECD data;

� 2010: identification of the data base needed for a periodic state of the environment (SOE) review, driving forces and the implications for sectorial policy. Publication (on websites) of 1st SOE report to government;

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� 2011: preparation of an environmental outlook to 2030, based on similar methodology and conceptual framework as the OECD Outlook.

The CBS will prepare data as required by the OECD questionnaire and will make it available to the public on its website.

Information is available to the public on request but new regulations under the Freedom of Information Law (Public Access to Environmental Information) 2009, now require a wide range of environmental information held by public authorities on pollution, emissions and wastes, to be accessible to the public, without request or payment. The new regulations specify 22 clauses for which information has to be available on the internet, including air, water and marine pollution, waste, noise, hazardous waste, radiation and soil contamination. The regulations come into force at the end of 2010.

Environmental disclosure by enterprises is required by Israel's Securities Authority (ISA) concerning environmental risks which could constitute financial risks and is available to the public on the ISA Website. The Authority responsible for Public Companies has recently issued a similar requirement.

MATERIAL FLOWS AND RESOURCE PRODUCTIVITY

Recommendation of the Council on Resource Productivity – [C(2008)40]

Recommendation of the council on material flows and resource productivity – [C(2004)79]

Conclusion:

Israel accepts these Recommendations� with a specified timeframe of four years for their implementation (2013).

Explanatory comment:

Israel is not well endowed with mineral (metallic and non-metallic) resources or with biomass. The only significant relevant mineral resources are phosphates, Dead Sea minerals and aggregates for the cement and construction industries.

Information on material flows and stocks and on the life cycle of the materials and products is not currently available. However, representatives of the relevant industries have expressed their willingness to join in formulating and implementing indicators and resource accounting.

The MoEP, together with the Central Bureau of Statistics, recognise the need to establish the means for gathering the relevant data on tracking natural resource stocks and flows and are aware of the current gaps in Israel’s capacity to do so and intend to participate in OECD discussions and activities on this topic.

ENVIRONMENT POLICY INSTRUMENTS

Recommendation of the council on good practices for public environmental expenditure management – [C(2006)84]

Conclusion:

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Israel accepts this Recommendation with a specified timeframe of two years for its implementation (2011).

Explanatory comment:

Ministerial budgets and work programmes have been re-oriented over the last 2 years towards results accountability, according to guidelines issued by the Prime Minister's Office. Programmes are required to be designed so that expenditure is clearly linked to objectives and its implementation monitored by measurable indicators. The new orientation is still in process, such as the definition of relevant indicators. It is likely to take 1-2 years before the MoEP can link its programmes clearly to the main objectives and indicators (expected in the year 2011).

Major environmental expenditure is governed by targeted funds for marine pollution prevention, for cleanliness and for the protection of animals. The funds are operated by the MoEP according to decisions of their respective management committees, which include representatives of other Ministries and non-governmental representatives.

Ministerial work programmes and details on the targeted funds are available to the public on the Ministry's website.

A review of practice in Israel in relation to the annex on good practice and checklists will be undertaken by the MoEP during the coming year with a view to implementing changes as needed in the 2011 budget and work programme.

Recommendation of the council on improving the environmental performance of public procurement – [C(2002)3]

Conclusion:

Israel accepts this Recommendation with a timeframe of one year for its implementation (2010).

Explanatory comment:

Government purchasing in Israel is carried out in accordance with the Mandatory Tenders Law 1992, and is subject to guidelines of the Accountant General at the Ministry of Finance. The law does not currently include mandatory guidelines which would grant preference to “green purchasing.” However, the social-economic ministerial cabinet chaired by the Minister of Finance, approved on July, 22, 2008 an amendment to the Tenders Obligation Regulation. According to this decision, the Accountant General will set directives for the encouragement of purchasing products and services which are accredited by an environmental standard, Israeli, international or an internationally accepted practice, acceptable to the MoEP.

Environmental criteria are already incorporated into the public procurement of several products and services through the Governmental Purchasing Administration, including: a) collection of used toner; b) recycled paper; c) Collection of wastepaper; d) office's needs (including purchasing recycled products); e) computer screens (the supplier who wins the bid is compelled to carry out 'trade in' for the existing screens and to take care of a worn-out product according to the directions of the MoEP); f) hybrid vehicles; g) printers (including the requirement for two-sided copies); h) control of costs of electricity and water; i) a system for regulation of goods and amortization (the system will enable computerised management of the

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governmental stock in order to avoid new purchases and encouraging the recycling of unnecessary equipment); j) desalination plants.

The Governmental Purchasing Administration recently established a forum chaired by an official of the MoEP with the following aims: a) to examine the addition of environmental aspects for central tenders which are expected to be published in the near future; b) to identify environmental subjects which justify the carrying out of a central tender on the subject; c) to prepare guidelines for public procurement of products and services which will include environmental criteria. Commencing in 2010, environmental criteria will be incorporated in the purchasing process of approximately 10 additional products each year, including those most commonly purchased by government bodies. Products conforming to these criteria will be assessed preferentially. This initiative is being carried out as part of the 2008 government decision on government procurement, and in cooperation with the Ministry of Finance

Recommendation of the council on improving the environmental performance of government – [C(96)39]

Conclusion:

Israel accepts this Recommendation.

Explanatory comment:

Over the last 2 years, all Government Ministries have prepared work programmes in accordance with goals and targets, in accordance with guidelines issued by the Prime Minister's Office. Optimising energy and water, through reduction, re-use, recycling and recovery measures appear in the work programmes of the responsible Ministries: National Infrastructures and Environmental Protection. The goals and work programmes are accessible to the public on the Prime Minister's Office website.

A government decision on green procurement 2008 requires the incorporation of environmental considerations in procurement of goods and services. It identifies environmental friendly products by Israeli or internationally recognized green labeling. The decision is being implemented through tenders of the government procurement department.

Environmental considerations are incorporated in tenders issued by the Accountant General for major projects, such as recent desalination plants, and in proposals for privatization (Haifa oil refinery).

The Authority for Public Companies issued instructions in June 2009 requiring all Public Companies to submit annual reports on environmental performance to their directorates for discussion.

The Ministry of Finance department responsible for government office accommodation has started to incorporate environmental requirements in selecting accommodation for purchase or rental.

Environmental Impact Statement on all development projects is an integral part of the planning system as required by the Planning and Building Regulations (Environmental Impact Statements), 1982, revised in 2003.

A government decision of 2003 requires each Ministry to prepare a strategy for Sustainable Development and its revision every 3 years. Strategies have been prepared by the Ministries of Finance, Industry, Trade and Labour, Tourism, Environmental Protection and Israel Lands Authority. The decision

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established a coordinating inter-ministerial committee headed by the Director General of the MoEP, which reports to the Government on an annual basis.

A proposed government decision is due to be submitted shortly by the Minister of Environmental Protection on greening the government. The decision will require Ministries to take measures, commencing 2010, to reduce their consumption of paper, water and electricity, according to set annual targets. The saved budget will remain available to the Ministry for other purposes. Responsibility for implementation will be imposed on a deputy director general and the Ministries will be required to submit an annual report to the government on their performance.

Among the governmental coordinating mechanisms, the NBPB is an important coordinating and consultative mechanism between government, local authorities and other stakeholders.

The MoEP encourages local authorities to adopt environmental management and procurement. Several authorities are ahead of government, such as being accredited by ISO 14001.

Recommendation of the council on integrated pollution prevention and control – [C(90)164]

Conclusion:

Israel accepts this Recommendation with a specified timeframe of two years for its implementation (2011).

Explanatory comment:

In 2006, Israel adopted the principles of IPPC and has identified 150 facilities which will be subject to this process. Implementation has begun with facilities in Israel's major industrial "hot spots" - Ramat Hovav and the Haifa Bay area and in the near future will be extended to the Ashdod Industrial area.

Implementation of IPPC is currently achieved through licensing under the Licensing of Businesses Law. Although separate permits are issued for marine discharge, hazardous substances, and in future, air emissions under the Clean Air Law (when it comes into force in 2011), coordination between the environmental media is achieved through the Business License. The MoEP is responsible for the environmental conditions of all the permits within its staff section responsible for industry and can authorize the installations to abide by BAT. Enforcement is carried out for all media by the same enforcement system of the Ministry. Monitoring is an integral requirement of the permits.

The consideration of potential impact on resources, with particular reference to cultural and aesthetic assets, is undertaken within the land use planning system. Major installations (such as electricity power stations) are required to undergo environmental impact statement procedures. Industries within an approved industrial development area will be required to abide by the environmental regulations in the local and detailed development plan and in the building permit.

The Ministry is currently examining whether administrative, organizational and legislative adjustments are required in order to further implement the IPPC mechanism. A consultant is currently examining the administrative structure of the Ministry and is expected to submit recommendations by the end of 2009. Consultants have also been hired to accompany the IPPC implementation process.

A 2 year timeframe will be needed for implementation, as follows:

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2009: Continued implementation at complex industrial "hot spots" – Ramat Hovav, Haifa Bay and Ashdod.

2010: preparations for full implementation will include:

� Examination of required administrative and organizational adjustments; � Examination of whether new or amended legislation will be required; � Identification of priorities and time frames for IPPC implementation in plants and sectors.

2011: Beginning of full implementation on national level by sectors.

Recommendation of the council on the use of economic instruments in environmental policy – [C(90)177]

Conclusion:

Israel accepts this recommendation.

Explanatory comment:

Israel already has a wide range of economic instruments in its environmental management system, including:

� In the area of water and sewage, economic instruments are the basis of the management system: water prices reflect scarcity and the marginal cost of water to consumers and a levy is charged for sewage discharge and treatment. Water prices for agricultural use have been severely increased and a drought levy has been imposed on domestic users in 2009;

� In the area of solid waste, a landfill levy has been imposed through legislation (2007), whose revenues are allocated to activities which will achieve landfill reduction and provide alternatives to landfill. The income is transferred to the Maintenance of Cleanliness Fund;

� A mandatory deposit-refund system operates on non-refillable beverage containers up to 1.5 liter volume and has enabled recycling rates to reach over 60%;

� A levy imposed on PET drink containers is calculated as a percentage of its price; � The Protection of the Coastal Environment Law enables charges to be imposed on the use of

coastal areas and on permitted marine disposal of effluents. Charges for effluents will be approved shortly, charges for coastal use are still in discussion;

� Grants of up to 550 Euro are provided to encourage the removal of old, polluting vehicles from the roads;

� Tax incentives are provided to encourage the purchase of less polluting vehicles by imposing a differentiated purchase tax, according to pollution performance;

� The public utility authority for electricity provides premiums for encouraging renewable energy, including a feed-in tariff for PV solar energy, which is higher for small producers;

� Payment by quarry operators based on the type and quantity of extracted material to a Quarry Reclamation Fund;

� Fee imposed on all ships calling at Israeli ports and on oil terminals paid to the Marine Pollution Prevention Fund;

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� 'Extended producer responsibility' on the disposal of used tires has been imposed on the manufacturers and importers of tires;

� Liability for contaminated land, including past contamination, will be subject to legislation, now being formulated. It is expected to be submitted for Government approval by the end of 2010.

� Reclamation of land contaminated by gas stations is now undertaken according to a voluntary agreement between the companies operating the stations and the MoEP;

� Levies on permitted emissions can be imposed by the Minister for Environmental Protection under the Clean Air Law, when it comes into operation in 2011.

Specific environmental funds are managed by the MoEP for marine protection, cleanliness and animal welfare. The Israel Lands Authority manages the fund for quarry reclamation.

The economic and financial regulators are incorporating environmental considerations as an integral part of risk management. The Israel Securities Authority requires public disclosure of environmental risks and is about to issue new and expanded regulations by the end of 2009. The Supervisor of Banks in the Bank of Israel issued a guideline to banks recommending the incorporation of environmental risks as part of banking risks. The regulator for insurance and capital in the Ministry of Finance requires environmental risks to be considered by investment bodies. The Government Companies Authority requires an annual report on environmental risks to be considered by the company's management committee and a periodical report on sustainability to be prepared by companies.

Further use of economic incentives, such as taxes, charges and fees, will be promoted, subject to cost effective considerations, based on externalities, and in relation to national fiscal policy.

Recommendation of the council on the assessment of projects with significant impact on the environment - [C(79)116]

Recommendation of the council on the analysis of the environmental consequences of significant public and private projects – [C(74)216]

Conclusion:

Israel accepts these Recommendations.

Explanatory comment:

All major development projects are approved through the Planning and Building Law 1965 which includes regulations requiring environmental impact statement (EIS), enacted 1982 and updated 2003. The Regulations cover all major development projects. Mandatory requirements include power plants, airports, ports, quarries but EIS procedure can be required for any project the Planning Authority regards as appropriate. The EIS system consists of tailor made guidelines by the MoEP, or an environmental advisor to the planning committee, for each project, preparation of the Statement by the developer and a professional review of the Statement by the MoEP or by the Ministry of Interior, who then submit an opinion to the planning authority prior to its taking a decision concerning the planning proposal. The system currently covers almost all major development proposals.

Projects which do not require planning permission, or where a decision on a project is taken prior to its submission for planning permission, are not currently covered by EIS procedures.

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Guidelines and the reviews are available on the Ministry’s website. The statement prepared by the proponent is open to the public at the government offices at the time the plan is deposited for public comment. An EIA database is available to the public on the MoEP's website.

WATER ISSUES

Recommendation of the council on water resource management policies: integration, demand management and groundwater protection – [C(89)12]

Recommendation of the council on water management policies and instruments – [C(78)4]

Conclusion:

Israel accepts these Recommendations.

Explanatory comment:

Water resources are owned and managed by the public. The framework for their management was established under the Water Law 1959 and its regulations, which defined the responsibilities and authority of the Water Commissioner. They included water planning, pricing structure and water allocation. Water planning covers underground and surface waters and is operated on a national basis through the allocation of water supply to competing users, and resource pricing, which reflects the actual marginal costs of water supply, with a lower tariff for basic consumption, and through abstraction levies.

In 2007, a Water Authority was established which integrated responsibilities for water resources, which had been dispersed between several Ministries. The responsibility for pollution prevention remained within the MoEP.

The current National Water Masterplan of the Water Authority 2002-2010 will be replaced by a long term masterplan 2011-2050, currently under preparation.

A National masterplan for water and sewage was prepared by the NBPB and approved in stages, which allocates sites and defines conditions concerning water and sewage for land use planning. The comprehensive land use masterplans (31, replaced by 35) included clauses for the protection of areas sensitive as water resources and imposed requirements on all development of over 100 dwelling units to be accompanied by a plan for sewage management, including stages for its implementation.

Water planning, monitoring and management is highly developed in Israel, which is frequently seen as a world leader in water management and water conservation in arid areas. Recent developments include:

Water demand management

� Drought levy on domestic consumption exceeding 4 CM/capita/month to be paid by households through the bimonthly water bill;

� Restrictions on municipal irrigation of urban parks and gardens; � Compensation to farmers who use less water than their allocation; � Reduced tariffs for agricultural use of treated effluents compared to freshwater; � A national intensive public campaign to encourage water conservation.

Water supply management

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� Purification of water obtained from wells; � Upgrading effluent quality through new regulations which will set stringent maximal allowable

concentrations of 36 pollutants in effluents (awaiting Parliamentary approval) will enable the reuse of treated effluents to supply almost unrestricted agricultural use;

� Increased desalination of brackish and seawater, promoted through government decisions, but implemented in partnership with the private sector, to increase municipal supplies.

Recommendation of the council on the control of eutrophication of waters – [C(74)220]

Recommendation of the council on strategies for specific water pollutants control – [C(74)221]

Conclusion:

Israel accepts these Recommendations.

Explanatory comment:

Israel complies with the Recommendations and controls specific water pollutants in relation to its circumstances.

Out of a total of 500 million m3 of sewage produced in Israel, about 96% is collected in central sewage systems and most of the effluents are reclaimed (360 MCM).

Continuous improvements in the performance of sewage treatment plants in Israel brought more than 50% reduction, in the last decade, of the quantity of nitrates and phosphates and carbon released to streams.

Waste Water Treatment Plants (WWTP's) are operated pursuant to business licenses which include environmental provisions. Revised licensing conditions were issued to most of the WWTP's (90% of the sewage flow) in the last two years.

The main legal instruments are:

� The Local Authorities (Sewerage) Law 1962 prescribes the rights and duties of local authorities in the design, construction and maintenance of sewage systems. It requires each local authority to maintain its sewage system in proper condition;

� The Model Local Authorities By-Law (Discharge of Industrial Sewage into the Sewage System) 1981 sets recommendations to local authorities on the treatment and disposal of industrial sewage into the sewage system. It charges all generators of wastewater with responsibility for adequate treatment and disposal in such a manner as to prevent health and environmental nuisances and water source contamination. It provides local authorities with a legal tool enabling efficient supervision over industrial sewage. This law has been rescinded, but is still valid for local authorities that adopted it prior to its cancellation;

� The Streams and Springs Authorities Law 1965 empowers the Minister of Environmental Protection to establish an authority for a particular river, spring or any other water source. Such authorities are empowered to undertake steps to protect and conserve the stream and its banks, to abate nuisances and prevent pollution.

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Some examples of regulations dealing with specific pollutants:

� Water Regulations (Prevention of Water Pollution) (Reduction of Salt Use in the Regeneration Process) 1994; Water Regulations (Prevention of Water Pollution) (Prohibition on Discharge of Brines to Water Sources) 1998; Business Licensing Regulations (Salt Concentrations in Industrial Sewage) 2003 - These regulations aim to reduce the salinity of sewage in Israel, setting thresholds for chlorides, sodium, fluorides and boron in effluents discharged to a wastewater treatment plant and prohibit dilution;

� Water Regulations (Prevention of Water Pollution) (Metals and Other Pollutants) 2000 - The purpose of these regulations is to protect water sources from heavy metals and other pollutants. They set maximum concentration levels (expressed in milligrams per liter) for 20 pollutants;

� Water Regulations (Prevention of Water Pollution) (pH Values of Industrial Sewage) 2003 - The purpose of these regulations is to protect the environment and prevent the pollution of water sources from the impacts of corrosion generated by industrial sewage by establishing appropriate pH values;

� New regulations on the maximal allowable concentration of 36 pollutants in reclaimed sewage effluents are awaiting Parliamentary approval.

New legislation in preparation:

� Water Regulations (Prevention of Water Pollution) (Oil Tank Farms) - The purpose of these regulations is to: instruct how to build, operate and maintain fuel/oil storage tanks in order to prevent soil and water resources pollution at source. Scope of regulations: proper infrastructure, spill prevention, leak detection, secondary containment, cathode protection, routine examination of tanks & pipelines, sealing materials, adoption of API standards, corrective action of soil & water pollution;

� Prevention of Soil and Water Pollution and Soil Remediation Law – This law relates to the prevention of soil (water) contamination, obligation of site investigation of suspected polluted areas, and site remediation;

� Water Regulations (Prevention of Water Pollution) (organic contaminants release) - The aim of these regulations, whose formulation has just started, is to establish Environmental Quality Standards and maximal discharge limits (derived from: Environmental/Water Quality Objectives) for priority organic contaminants such as solvents released into: influent of municipal WWTP's, effluents discharged for irrigation (directly from WWTP's or indirectly from effluent reservoirs), surface water bodies. These standards will be part of new regulations that will include Environmental Quality Standards and maximal discharge limits for approx. 50 organic contaminants.

Steps are being taken by the Ministries of Agriculture and Environmental Protection to reduce pollution from agricultural sources, including:

� Guidelines for the prevention of ground water pollution generated by dairy farms are incorporated as special conditions in the business licenses of the dairy sector;

� A reform in the poultry sector is intended to reduce the number of individual chicken coops and to operate large poultry farms in an environmentally-friendly fashion;

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� Wastes generated by olive oil-presses, which constitute a particularly rich source of pollutants, are a special focus of attention;

� Fish farms and ponds operators are obliged to remove suspended solids from effluents.

BIODIVERSITY

Recommendation of the council on the use of economic instruments in promoting the conservation and sustainable use of biodiversity – [C(2004)81]

Conclusion:

Israel accepts this Recommendation with a specified timeframe of two years for its implementation (2011).

Explanatory comment:

The conservation and sustainable use of biodiversity is of high importance to Israel, and has been well covered by regulatory instruments concerning land use planning and nature protection and by the establishment of gene banks. Protection of biodiversity is also recognized by the Water Authority as a valid use of water, in competition with other water users. The application of economic instruments is still limited but gaining attention.

The framework will be the National Biodiversity Strategic Action Plan, prepared in accordance with the government decision on sustainable development 2003 and in accordance with Israel's commitment to the CBD. The Strategy is due to be submitted for government adoption in 2010. It includes a section on the economic evaluation of ecological services and how the concept could be implemented in Israel. An inter-ministerial committee including stakeholders from civil society, academia and other interested parties has been set up to examine the recommendations included in the chapter on the use of economic instruments. The committee is expected to provide an implemenation plan for selected economic instruments by the end of 2010.

The land use planning authorities frequently impose conditions for the conservation of biodiversity in the approval of plans for new infrastructure. The conditions require significant investment in conserving biodiversity by the developer, such as underpasses and overpasses for wildlife crossing, fencing to prevent accidental loss of wildlife and the use of endemic species for landscaping of verges. An example is the cross Israel highway (road 6) which was built and is operated by a private company.

Several economic incentives are already operating for biodiversity management. A differential levy exists on water catchment for agriculture to give preference to the extraction of water at a later point along the flow, whereby the flow at upper levels is maintained for the conservation of local habitats. Financial support is given to farmers to cover the damage caused by migrating flocks of cranes and pelicans, to crops and fishponds. Fees are charged for hunting and fishing permits.

Eco-tourism is a fast growing new market, currently valued at USD 6 bn a year. This is expected to increase, for example, with growing interest in bird migration.

Several studies in relation to development proposals have attempted to allocate values to open space and biodiversity. The planning authorities considered values allocated to preventing damage to the natural landscape in a recent decision concerning a rail alignment (Tel Aviv-Jerusalem) and in relation to the cost

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of inaction concerning the lowering level of the Dead Sea and the cost of maintaining the level of the Sea of Galilee (Lake Kineret).

Further economic instruments are currently under discussion. The Ministry of Agriculture is considering implementing management agreements with farmers for cultivation which promotes the conservation of biodiversity. A new fund for the protection of natural landscape is due to be established within the reform of the land management system (July 2009) whose income will come from a levy on the change of use of land for development purposes. Changes in land zoning will be subject to a fee to the Fund for the Protection of Natural Landscapes, whose purposes will include the protection of biodiversity and ecological systems. The Fund will be managed by the Israel Land Authority and will be operative by January 2010.

NOISE

Recommendation of the Council on Strengthening Noise Abatement Policies – [C(85)103]

Recommendation of the Council on Noise Abatement Policies – [C(78)73]

Conclusion:

Israel accepts these Recommendations.

Explanatory comment:

Israel does not manufacture vehicles or aircraft and imports many of its equipment and appliances. However, it does impose regulations on the noise levels of products, on their use and requires abatement measures in areas exposed to noise, in order to reduce noise exposure.

Noise standards are established under the Abatement of Nuisances Law 1961, through regulations on unreasonable noise (1990), prevention of noise (1992) which restricts various sources of noise in residential areas, and unreasonable noise from construction equipment (1979) which sets standards for the performance and design of construction equipment. A criminal procedure order (fineable offenses – prevention of noise) 2000 establishes fines for 29 types of noise violations.

Noise standards for new vehicles are comparable to those of the European Union, regulated by the Road Transport Ordinance. Aviation regulations under the Aviation Law forbid the operation of an aircraft without a noise certificate.

National Masterplans for civilian airports, under the Planning and Building Law, were prepared incorporating noise abatement measures in the alignment of runways and impose constraints on the operation of flight paths and on permitted uses in areas exposed to airport noise (above 60 Ldn). Constraints on the operation of airports have included night curfews (recently cancelled in relation to Ben Gurion airport), noise levels of aircraft permitted to depart during night hours and flight paths. The spatial extent of maximum noise levels are defined on maps in the masterplans. Regulations in the masterplans include restrictions on new noise sensitive land uses and requirements for acoustic building. All plans for airports are subject to environmental impact statement procedures and are deposited for public comment. Noise monitoring systems are operated around airports and the data made available to local authorities and the public. Similar procedures have been taken in relation to army airports, including measures to reduce noise disturbance to nearby residential neighbourhoods, but the data is not accessible to the public for security reasons.

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Noise standards for surface transportation (64 dBA) have been set by inter-ministerial committees and adopted through government decisions. National masterplans and project specific plans for road and rail systems include noise considerations in the selection of alignments and stations and in requirements for noise abatement measures, often requiring noise barriers to protect adjacent noise sensitive land uses. When reduction of noise to below acceptable standards is not possible through measures outside the buildings, a requirement for acoustic measures inside the buildings affected is imposed on the proponent of the road or rail. Insulation of buildings is not favoured as a noise abatement measure since it would increase the need for air conditioning in a hot climate and consequently raise the demand for energy.

TRANSFRONTIER POLLUTION

Recommendation of the council concerning certain financial aspects of actions by public authorities to prevent and control oil spills – [C(81)32]

Conclusion:

Israel accepts this Recommendation.

Explanatory comment:

Legislation concerning the prevention of oil spills and pollution from land based sources was enacted in Israel in accordance with the Barcelona convention for the Mediterranean Sea (MAP), but applies similarly to Eilat Bay. Marine discharge from domestic or industrial sources is prohibited unless in accordance with a permit issued by the committee for marine discharges. Over the years, the Marine and Coastal Department in the MoEP has tightened restrictions on marine discharges, and permits have been reduced. New regulations imposing a levy on marine discharge, whose level increases with the level of pollution, are expected to be submitted by the beginning of 2010 for parliament approval.

As an active party to the Barcelona Convention, Israel participates and offers its services to partners in preventing pollution of the Mediterranean from accidental oil spills. Joint excercises have been held with neighbouring parties in the eastern Mediterranean. Its highly developed marine inspection unit was established with the assistance of the Marine Pollution Fund, whose income is received from a levy on potential pollution sources and from fines and charges for accidental spills and clean up operations. The fund similarly enables educational activities and public campaigns on keeping the coast clean.

Recommendation of the council for strengthening international co-operation on environmental protection in frontier regions – [C(78)77]

Recommendation of the council for the implementation of a regime of equal-right of access and non-discrimination in relation to transfrontier pollution – [C(77)28]

Conclusion:

Israel accepts these Recommendations with the following Declaration: Currently, Israel does not share a common frontier with any OECD member country.

Explanatory comment:

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Israel and Mediterranean countries (including OECD member countries) cooperate within the Mediterranean Action Plan (UNEP-MAP) of the Barcelona Convention as well as within the Union for the Mediterranean.

Recommendation of the council on principles concerning transfrontier pollution – [C(74)224]

Conclusion:

Israel accepts this Recommendation.

Explanatory comment:

Israel has signed and ratified 22 Multilateral Environmental Agreements (MEA's) and 7 more are awaiting ratification. Israel and Mediterranean countries cooperate within the Mediterranean Action Plan (UNEP-MAP) of the Barcelona Convention as well as within the Union for the Mediterranean. Israel is a member of the Governing Council of UNEP and a member of the Bureau of UNEP-MAP. In addition, Israel cooperates with the EU on environmental matters.

Israel has signed 18 bilateral agreements on cooperation in the fields of environment, nature conservation and sustainable development. This includes bilateral agreements with two of Israel's neighboring countries, Egypt and Jordan. In addition, Israel has signed two Clean Development Mechanism (CDM) agreements.

Environmental issues are included in the peace agreement between Israel and Jordan and in the Interim Agreement with the Palestinian Authority (PA), in which the parties commit to cooperate on environmental issues and prevent environmental harm to each other. As part of these agreements, Joint Committees have been established on environment and water issues.

Israel and Jordan carry out joint monitoring of pollution in the Red Sea (Aqaba-Eilat Gulf) and hold joint marine pollution exercises. In addition, Israel cooperates with Jordan and the PA in combating flies and mosquitoes and invasive species. Other projects and research initiatives are taking place between academic institutions and NGO's from both sides.

Recommendation of the council on equal right of access in relation to transfrontier pollution – [C(76)55]

Conclusion:

Israel accepts this Recommendation.

Explanatory comment:

New regulations under the Freedom of information Law 1998 require a wide range of environmental information on pollution, emissions and wastes, held by public authorities, to be accessible to the public without request or payment. The provisions of the law and its regulations also apply to a person who is not a citizen or resident of Israel, in respect of information about his rights in Israel.

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Information, documents, reports and data, including information concerning cross-border pollution, in English and Arabic, can be found on the website of the MoEP. In addition, the Ministry issues an Environmental Bulletin twice a year and once in a few years a publication called "The Environment in Israel", both in English. In addition, environmental statistics published by the Central Bureau of Statistics (CBS) are available on the CBS website and in the annual Statistical Abstract of Israel in both Hebrew and English.

COASTAL ZONE MANAGEMENT

Recommendation of the council on integrated coastal zone management – [C(92)114]

Recommendation of the Council on Principles concerning Coastal Management – [C(76)161]

Conclusion:

Israel accepts these Recommendations.

Explanatory comment:

Legislation recognized the importance of protecting the coastline in the Planning and Building Law 1965, the Lands Law and in the laws for the protection of nature and antiquities.

The first comprehensive approach to planning the coastline was taken by the NBPB in 1970 when it ordered the preparation of national masterplans for all the coastlines (Mediterranean, Eilat Bay, Sea of Galilee and the Dead Sea). Inter-ministerial committees came to agreement in 1983 to give statutory approval to the national masterplan for the Mediterranean coastal area, later to the Sea of Galilee shoreline and after that to the Eilat Bay. A national masterplan for the Dead Sea is currently in preparation, following a government decision based on a policy document concerning the implications of the lowering of the Dead Sea. The masterplans impose restrictions on development along the coastlines, including a setback to keep the shoreline free of development and open to public access. The masterplans designate areas for development for which a coastal location is essential, particularly relating to ports, marinas and tourist development areas. They also designate areas for conservation and protection as nature reserves, national parks and coastal reserves. The masterplans for the extension of the Mediterranean ports of Ashdod and Haifa included requirements for sand bypassing and the coastal sand management, in recognition of the impacts of marine structures on coastal erosion.

In the light of intense development pressures on the Mediterranean coast, further steps were taken to restrict development under the Protection of the Coastal Environment Law 2004. The law imposes stringent regulations on the area within 300 metres of the coastline, strengthens the planning prohibition of development within 100 metres and enables legal action to be taken against any persons causing damage to the coastal environment. The law requires the protection of public access along the shoreline and the protection of sediment flow to maintain sand supply to the beaches. The law applies to the territorial waters, strengthening the planning law which similarly related to development offshore. The law established a planning committee for the coastal environment, which integrated the previous separate planning authorities for onshore and offshore development. All significant planning proposals in the coastal area are subject to environmental impact statement procedures. The Protection of the Coastal Environment Law 2004 initially related only to the Mediterranean coastal area but was later extended by Parliament to the Sea of Galilee and to Eilat Bay. The Marine and Coastal Department of the MoEP is empowered to enforce the law and take legal action where deemed necessary.

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Legislation concerning the prevention of oil spills and pollution from land based sources was enacted in Israel in accordance with the Barcelona convention for the Mediterranean Sea (MAP), but applies similarly to Eilat Bay. Marine discharge from domestic or industrial sources is prohibited unless in accordance with a permit issued by the committee for marine discharges. Over the years, the Marine and Coastal department has tightened restrictions on marine discharges, and permits have been reduced. A levy will shortly be imposed on marine discharge, whose level increases with the level of pollution. Israel does permit, even encourages, disposal of clean brines, including brine following desalination, to the sea, since salt penetration of soils and aquifers is considered to be more damaging to the environment than its disposal to the marine environment.

As an active party to the Barcelona Convention, Israel participates and offers its services to partners in preventing pollution of the Mediterranean from accidental oil spills. Joint exercises have been held with neighbouring parties in the eastern Mediterranean. Its highly developed marine inspection unit was established with the assistance of the Marine Pollution Fund, whose income is received from a levy on potential pollution sources and from fines and charges for accidental spills and clean up operations. The fund similarly enables educational activities and public campaigns on keeping the coast clean.

Monitoring of the state of the marine environment is undertaken in accordance with the reporting requirements of the Barcelona Convention and is similarly undertaken in Eilat Bay, particularly in relation to the sensitivity of the coral reef. Data are made available to the public. Activities in Eilat Bay are frequently undertaken in coordination with Jordan, including joint exercises.

The precautionary principle was applied to the coast in discussions of the NBPB in considering whether to permit the continued presence of fish cages for mariculture in Eilat Bay. The Board refused to permit the continuation of fish cages since the risk to the sensitive coral reserve, though not proven beyond all reasonable doubt, was seen to be too high.

ENERGY

Recommendation of the council on environmentally favourable energy options and their implementation – [C(85)102]

Recommendation of the council on the reduction of environmental impacts from energy use in the household and commercial sectors – [C(77)109]

Conclusion:

Israel accepts these Recommendations.

Explanatory comment:

This section relates to stationary energy and sources of air pollution. Vehicles and mobile sources of air pollution are included in the section on transport.

Due to very limited internal energy sources, almost all of Israel’s energy supply is imported and energy security and reliability are dominant factors in selecting energy options.

� Over 70% of electricity generating capacity is currently based on coal and 30% on natural gas; � Oil fired stations are being transferred to natural gas over the coming 2 years;

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� Although total generating capacity, currently 11,000 MW, is expected to double by 2020, the proportion of natural gas will increase to at least 40%, due to recent discoveries of offshore gas fields and a planned Liquefied Natural Gas terminal.

Integration of environment and energy

In addition to ongoing direct inter-ministerial contacts, several institutional structures promote the integration of environment and energy policies and implementation:

� A national masterplan for power stations requires approval of the sites of all power stations through the national level planning authorities (NBPB or National Infrastructures Committee). Small stations can be approved by the regional committees;

� Environmental impact assessment is mandatory for all plans for power stations; � A national masterplan for energy is currently under preparation according to a directive of the

NBPB, which includes energy production and distribution; � Environmental organizations are represented on the planning committees and all plans for power

stations are deposited for public comment; � Electricity pricing is set by the Electricity Authority. Although pollution damage and pollution

control costs are not included in the pricing of fossil fuels, the price of renewable energies does reflect the value of environmental damage saved;

� A joint campaign to encourage energy conservation is currently underway supported by the Ministries of National Infrastructures and Environmental Protection and the Electricity Company.

Renewable Energy

� Renewable energy currently saves some 3% of electricity demand through widespread use and the mandatory requirement for domestic solar water heating on new building;

� A government decision set a target of 10% renewable energy by 2020, followed by an additional decision on ways to promote renewable energy;

� The government has issued a tender for a 220 MW thermo-solar power station in the northern Negev and is promoting the installation of 30 MW photo-voltaic units in the southern region;

� The Electricity Authority set a premium to promote solar energy, which reflects the value of externalities, environmental damage saved by replacement of fossil fuels by non polluting energy. Surplus electricity can be sold to the Electricity Company. Wind energy has recently been given a lower premium.

Energy Efficiency

� A government decision set a target of 20% reduction by 2020 in energy demand compared to the 'business as usual' scenario through increased energy efficiency;

� The Ministry of National Infrastructures has issued regulations concerning energy efficiency standards required on a range of household appliances;

� An energy efficiency standard for buildings has been issued by the Israel Standards Institute, but is currently voluntary;

� The Ministries of Housing, Interior and Environmental Protection are taking steps towards a mandatory building code which will require all new building to comply with energy efficiency standards. The Tel Aviv regional planning authority and several local authorities have already required energy efficiency in new building as part of their requirements on new building;

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� A campaign to encourage the public to save energy is being undertaken jointly by the Ministries of National Infrastructures and Environmental Protection;

� The Israeli Government decided to establish a research fund of USD 100 m over a 5 year period to promote technology in renewable energy and energy efficiency.

Recommendation of the council on the control of air pollution from fossil fuel combustion – [C(85)101]

Recommendation of the council concerning the reduction of environmental impacts from energy production and use – [C(76)162]

Conclusion:

Israel accepts these recommendations.

Explanatory comment:

� Potential environmental impacts from energy production are reduced through environmental impact assessment for all new plans for power stations. This process includes definition of fuel quality and acceptable levels of all emissions and wastes;

� Conditions for the reduction of environmental impacts constitute an integral part of the planning permission for each power station. A special appendix on the operational requirements was included in the planning regulations for each site including conditions on emissions, the disposal of fly ash, noise and the prevention of marine pollution. A team was designated to ensure the implementation of the conditions;

� Operational conditions for pollution prevention from power stations are also required under the Business Licensing Law.

� Under the Clean Air Law, major installations will in the future require an emissions permit. The MoEP will set 3 types of values (target, ambient and alert), and require monitoring systems to conform to a common reporting protocol. The Law will come into force in 2011;

� Under the Abatement of Nuisances Law, new regulations are in process of approval concerning the prevention of air pollution from electricity generation. The regulations are based on the European Union directive (EC80/2001). They will cover units of 50 MW and above and should achieve 60% reduction in sulphur dioxide and nitrogen oxides in existing power stations and about 15% decrease in particulate emissions;

� The time schedule agreed with the Electricity Company for the implementation of the new regulations is 6 years, until 2016, as the temporary closure of units for retrofit will depend on available reserve generating capacity.

Recommendation of the council on coal and the environment – [C(79)117]

Conclusion:

Israel accepts this recommendation.

Explanatory comment:

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� Israel imports low sulphur coal for electricity production; � Both coal fired power stations were required to build high stacks, 250 and 300 metres in height,

for effective dispersion; � Scrubbers have been fitted at 2 of the coal fired units and will be fitted at others in the future; � The stacks are fitted with electrostatic precipitators; � Both coal fired stations are monitored by an extensive network of air quality stations; � Fly ash is not considered as waste and is today largely used in the construction industry; � Additional coal fired units are currently under discussion in the national infrastructures

committee, which, if approved, will be required to use the most advanced pollution control technology commercially available.

TRANSPORT

Recommendation of the council on assessment and decision making for integrated transport and environment policy – [C(2004)80]

Recommendation of the council on traffic limitation and low-cost improvement of the urban environment - (C(74)218)

Conclusion:

Israel accepts these Recommendations.

Explanatory comment:

The NBPB defined the need to strengthen urban areas and reduce sprawl as one of the main aims of the National Masterplan (no. 35) for comprehensive development, with the intention of enabling efficient public transport and reducing car dependency. The Board recently ordered the preparation of a new masterplan on surface transportation, in order to integrate policies relating to road and rail.

The Ministry of Transport has devoted a major part of its budget in recent years to improving public transportation systems. It initiated a major multi-year program to develop an efficient interurban rail system, including electrification, at a cost of some EUR 6.4 bn. It has promoted the planning and implementation of mass transit systems in the major cities, including light rail, underground rail and BRT systems. It also initiated a HOT lane from Ben Gurion airport to Tel Aviv, which is also the main route from Jerusalem and cities in the central region.

A revised project appraisal procedure (Pratt procedure) has now incorporated an assessment of environmental and safety impacts and is currently seeking to improve the methodologies for noise and air pollution and the protection of natural landscape.

Plans for specific transportation projects are subject to environmental impact statement under the planning and building regulations. Statements include an evaluation of alternatives. The plans and statements are deposited for public comment.

The Traffic Ordinance (New Version), 1961, authorizes traffic magistrates to enforce provisions of the Abatement of Nuisances Law, 1961 which involve vehicles. Regulations promulgated under this

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ordinance prohibit the registration of a vehicle unless it conforms to inspection standards for emissions, including European Union standards.

Regulations on Prevention of Air Pollution from Vehicles on the Road, 2001, prohibit driving a vehicle unless it meets specified emission standards. Leaded fuel has been banned since 2004. Diesel and gasoline fuels abide by European standards.

The new Clean Air Law will give tools to the Environmental Protection Ministry to control air pollution from vehicles.

Green taxation is about to be imposed on private vehicles (commencing August 2009), to penalize polluting vehicles and encourage the purchase of cleaner vehicles. Older, more polluting vehicles will be required to pay a higher annual licensing toll. A Government decision promoted the scrapping of old and polluting vehicles and a tender was issued in May 2009 for appropriate scrap sites.

The Ministries of Transport and Environmental Protection have invested in cycle paths in cities and in areas of recreation and landscape value, such as along stream banks as part of its programme for stream restoration. A government decision allocated a budget to encouraging non-motorised transport, of which cycle paths were one element.

TOURISM

Recommendation of the council on environment and tourism – [C(79)115]

Conclusion:

Israel accepts this Recommendation.

Explanatory comment:

Integration of environmental considerations into tourism development policies and strategies is undertaken through the land use planning system. A national masterplan for tourist development was prepared by an inter-ministerial committee under the NBPB, giving particular attention to locating new development adjacent to existing building in order to ensure the protection of natural landscape and biodiversity. The masterplan will in due course be given statutory status but already provides an agreed framework for decision making by the planning authorities.

Major tourist development proposals are subject to environmental impact statement procedures, which include a requirement for the consideration of alternatives. All plans are deposited for public comment under planning regulations.

Constraints on building in sensitive areas, including tourist development, are imposed through national and regional masterplans, including coastal areas and areas of high natural and landscape value.

Protection of natural and cultural values is undertaken by the relevant authorities, in particular, the Nature and Parks Authority and the Antiquities Authority.

The Ministry of Tourism encourages through grants tourist development as an economic basis for the conservation of historic buildings, for the use of unused buildings, as a source of income in peripheral, rural areas, in all communities to promote cultural diversity and to support river reclamation.

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The Ministry of Tourism prepared a strategy for sustainable tourist development, in accordance with the Government decision on sustainable development 2003. The MoEP is promoting green building and green management in the tourist industry, including the recognition of 'green hotels', and ecotourism.

Israel has been active in promoting environment in the World Tourism Organization, as a previous member of the sustainable development committee.

Tourists are encouraged to respect the environment, particularly in relation to water conservation, through information in hotels.

DEVELOPMENT ASSISTANCE

Recommendation of the Council concerning an Environmental Checklist for Possible Use by High-Level Decision-Makers in Bilateral and Multilateral Development Assistance Institutions – [C(89)2]

Recommendation of the Council on Measures Required to Facilitate the Environmental Assessment of Development Assistance Projects and Programmes – [C(86)26]

Recommendation of the Council on Environmental Assessment of Development Assistance Projects and Programmes – [C(85)104]

Conclusion:

Israel accepts these Recommendations with a timeframe of one year for their implementation (2010).

Explanatory comment:

Israel’s development aid, to date, has largely consisted of training and educational programs designed to enhance capabilities in developing countries in such fields as agriculture, water conservation, combating desertification, medical and emergency services. It has included some courses on sustainable development and more specific environmental issues, such as marine pollution prevention and integrated pest management.

It intends to increase its capacity building activities in the field of environment and sustainable development, including such issues as environmental impact assessment and raising awareness.

Since Israel has not so far participated in funding major infrastructure as part of development assistance, it has not implemented an environmental assessment process for its overseas funding. However, it will establish an inter-ministerial framework for environmental assessment, according to the checklist of the instruments, during the coming year (2010), which would provide a process whenever it may become relevant.

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DECLARATIONS

Declaration on "Environment: Resource for the Future" – [C(85)111]

Declaration on Anticipatory Environmental Policy – [C(79)121]

Declaration on Environmental Policy – [C/M(74)26]

Conclusion:

Israel associates itself with these Declarations.

Explanatory comment:

Since the government decision in 1973 which established the Environmental Protection Service in the Prime Minister's Office, Israel has established national, regional and local levels of environmental management, in accordance with the issues and principles identified in the declarations. In recognition of the global aspects of some issues, it has ratified transboundary environmental agreements and is an active participant in those of particular concern, such as the Barcelona Convention concerning the Mediterranean Sea.

As a rapidly developing country, it recognized the need to integrate environmental considerations at an early stage of decision making, to incorporate measures to prevent adverse impacts on the environment during the review of proposed development projects. Environmental advisors were appointed to national and regional planning authorities during the 1970"s and received legal standing following the establishment of the Ministry of Environmental Quality (which later changed its name to Environmental Protection). Environmental Impact Statement was imposed as a statutory requirement under the Planning and Building Law in 1982 (revised 2003).

Professional departments at national level were established over the years to deal with the range of issues covered in the declarations, preparing the legislation and its implementation and enforcement specified in various sections of the memorandum. Environmental units were established through the Ministry of Interior in most local authorities, and now act as the implementation system for most of central government environmental policies.

Environmental considerations were integrated into sectorial policies through land use planning and later through business licensing. The government decision on Sustainable Development in 2003 required sectorial ministries to specify environmental policies in their strategies.

Public involvement was initially confined to representation of environmental organizations on the NBPB and to the right of objection to plans deposited for public comment. The law of representation of environmental organizations changed the level of public involvement from a responsive, passive role to an active participant in a wide range of decision making bodies, including national and regional planning authorities and the committee responsible for marine discharge permits.

Further attention will be paid to developing systems of resource accounting (see section concerning information and indicators).

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Declaration on Green Growth – [C/MIN(2009)5/ADD1]

Conclusion:

Israel associates itself with this Declaration.

Explanatory comment:

Israel has taken several steps to promote the objectives of the declaration on green growth, in particular in relation to water, renewable energy and waste management.

� A government decision in 2006 established a new company under the Ministry of Industry, Trade and Labour to promote the application of water conservation technologies in Israel and abroad, with a budget of EUR 21.8 million;

� A government decision in 2008 set a goal of EUR 72.7 m investments (from public and private sources) in research and development of new renewable energy technologies;

� A budget of EUR 5.4 m has been allocated by the Ministry of Environmental Protection for the promotion of technologies for waste management.

A more comprehensive decision to promote environmental technologies is currently in preparation and will be submitted shortly to the government for the allocation of funds.

A considerable part of the development aid allocated by Israel to assist developing countries concerns the promotion of advanced water technology for agriculture.

Declaration of integrating climate change adaptation into development cooperation – [C(2006)94]

Conclusion:

Israel associates itself with this declaration.

Explanatory comment:

Israel has largely focused on capacity building activities within its development cooperation. Its activities have included an emphasis on water conservation and on combating desertification, areas highly relevant to climate change adaptation.

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WASTE

Decision of the Council concerning the Control of Transboundary Movements of Wastes Destined for Recovery Operations – [C(2001)107]

Decision of the Council on Transfrontier Movements of Hazardous Wastes – [C(88)90]

Decision-Recommendation of the council on the reduction of transfrontier movements of wastes – [C(90)178]

Decision-recommendation of the council on exports of hazardous wastes from the OECD area – [C(86)64]

Decision-Recommendation of the council on transfrontier movement of hazardous waste – [C(83)180]

Conclusion:

Israel accepts these Decisions and Recommendations with a specified timeframe of two years for their implementation (2011).

Explanatory comment:

Israel does not export municipal solid waste. Export of components of municipal solid waste is controlled and permitted only after sorting and processing. Currently export of Paper and cardboard destined for recovery is approximately 40,000 ton/year and export of PET destined for recovery is approximately 4,000 ton/year. Export permits for cardboard, glass, plastic wastes are granted by the Ministry of Industry, Trade & Labour.

Israel complies with the terms of the Council Act regarding the control of waste contained in the Green List. Some of the listed waste is supervised at both the import and export stages in accordance with the Free Import/Export Order (2008), including waste paper, plastic and non-ferrous metals.

Israel is planning to adopt the rules applicable in the European Union requiring the supervision and authorisation of the import and export of wastes included in the Green List. This process should be completed by the end of 2011.

Israel is a party to the Basel Convention since 1994 and fully complies with its provisions, including annual reporting. Hazardous Substances Regulations (Import and Export of Hazardous Waste) 1994 and a 2008 amendment to the Regulations are in accordance with the Convention's guidelines. Israel has the capacity to treat most of the hazardous wastes it generates within the country as per the self sufficiency principle of the Convention. Small quantities of hazardous wastes which cannot be treated in Israel, due to lack of appropriate technologies or inadequate capacity, are exported abroad for incineration only to OECD member countries and according to the Convention's provisions. Israel will harmonize the Import and Export Ordinance 1979 list of hazardous waste with those of the OECD and the Convention and implement the OECD Amber Control procedure within half a year (beginning of 2010).

The possibility of increasing the capacity of the existing incinerator or of constructing another incinerator in the next 5-10 years is being considered, but is not currently economically feasible. Export of hazardous waste is subject to the consent of the competent authority of the importing state and according to its demands and to the Convention.

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Israeli legislation included a broad definition of “hazardous waste”. In practice, Israel currently applies its requirements through the Hazardous Substances Regulations (Import and Export of Hazardous Substances Waste) 1994, using the Basel Convention and European Wastes Catalogue's definitions for hazardous waste. Disposal operations are defined according to the Basel Convention and OECD definitions in the Licensing of Businesses Regulations (Disposal of Hazardous Waste) 1990. The definition for recovery operations in the Hazardous Substances Regulations (Import and Export of Hazardous Substances Waste) 1994 is stricter than the OECD definition.

By 2010, hazardous waste will be interpreted so as to accord with the OECD Amber list. New regulations on hazardous waste treatment and disposal are currently being drafted. The regulations will introduce a change in the method of defining hazardous waste which will be according to the relevant EU Directives and OECD definitions. As major resources will be directed to other central legislative and administrative changes in the field of chemicals to which Israel is committed, it is not possible, at this stage, to state a specific timeframe for this minor, formal amendment.

Israel uses the risk approach as a basis for deciding which wastes need control. The 30-day response period is acceptable and implemented in practice. Israel will examine other required changes to the current procedures.

Recommendation of the Council on the environmentally sound management of waste - [C(2004)100 amended by C(2007)97]

Conclusion:

Israel accepts this Recommendation with a specified timeframe of three years for its implementation (2012).

Explanatory comment:

Municipal Waste

Environmental conditions of operation are included in the business license, required for all waste treatment, recycling and disposal sites under the Licensing of Businesses Law 1968. These conditions prohibit all municipal solid waste facilities from accepting and treating hazardous waste, require an emergency plan for cases such as fires, malfunctions or hazardous materials events, and refer to issues of environmental and occupational health (also regulated by Work Safety Regulations). In addition, these facilities are obligated to provide a waste balance report detailing the source and amount of waste received, the amount treated and its destination. Periodic training for workers is required by Work Safety Regulations and by hazardous materials permits.

All landfills have installed systems for leachate collection and treatment and prevention of leachate leakage. Most landfills have installed, or will soon install, systems for the collection and treatment of gas emissions.

New projects for waste treatment, recycling and disposal are required to comply with Environmental Impact Statement (EIS) under the Planning and Building Law 1965.

Several old waste disposal sites are being treated in order to rehabilitate areas damaged by previous inadequate waste disposal.

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All of Israel's environmental laws provide for criminal sanctions including fines and, where warranted, also terms of imprisonment, as well as citizen rights to initiate civil and private criminal proceedings, with recourse to civil remedies. The legislation provides for legal and administrative proceedings and for a variety of inspection and enforcement measures – administrative, economic, criminal and civil. Prosecution of offenders for illegal disposal of waste under, inter alia, the Abatement of Nuisances Law 1961 and the Maintenance of Cleanliness Law 1984, is carried out by the legal department of the MoEP.

The implementation of Environmental Management Systems (EMS) such as ISO 14001 is voluntary and encouraged by the MoEP. Preparations are currently under way for accreditation of the other facilities, projected for completion by the end of 2012.

Two major landfills have an environmental liability regime in case of closure (for up to 5 years after closure), requiring them to restore the area to its previous state, dismantle all infrastructure and clean up the area. Business licenses include environmental conditions regarding closure of the facilities.

The revenues from the landfill levy in the 2007 amendment of the Maintenance of Cleanliness Law 1984, as well as from fines, are allocated entirely for promotion of recycle and recovery schemes. According to budget plans EUR 280 m will be allocated over the next decade. In 2009 over EUR 20 m were allocated for this purpose of which EUR 7.1 m have already been utilized.

Hazardous Waste

Treatment of hazardous waste is regulated by hazardous material permits and business licenses. More stringent conditions in the permits are promoting improved treatment. The MoEP allocates grants to industries for the reduction of hazardous waste volume, with priority to plants in which waste or waste toxicity is reduced at source.

A government owned company, at its site in Ramat Hovav, treats about 40% of hazardous waste (organic and inorganic, liquid and solid, excluding radioactive, pathogenic and explosive waste) generated in Israel. The treatment includes biological treatment or incineration (organic waste), physio-chemical treatment (inorganic waste) and secure landfilling. Commencing August 2009, all inorganic and solid waste will undergo solidification and stabilization prior to landfilling. The company has environmental liability insurance and operates according to ISO 18001, ISO 14001, ISO 9001 and ISO 17025 and according to conditions stipulated in its business license. The company has an on-line emission monitoring system, transmitting directly to the authorities and it is audited on a monthly basis by the MoEP, to whom it also submits a monthly report. It is required to alert the MoEP about any irregularity within 15 minutes and send a report within 24 hours. The company has a training programme for its staff to respond to any case of emergency.

Additional hazardous waste is treated, recycled or used as a source of energy at other authorized sites. All operations are subject to the supervision and approval of the MoEP, under the Licensing of Businesses Regulations (Disposal of Hazardous Substances Waste), 1990.

The state has allocated EUR 41.8 m for the remediation of a closed-down landfill, sedimentation and evaporation ponds and temporary storage areas at the hazardous waste site in Ramat Hovav.

The planned PRTR mechanism, to be implemented in 2012, will provide the authorities and the public with improved information regarding transfer of hazardous waste from industrial plants.

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Recommendation of the Council on waste paper recovery – [C(79)218]

Conclusion:

Israel accepts this Recommendation.

Explanatory comment:

Waste paper recovery is regulated under the Collection and Disposal of Waste for Recycling Law 1993 and the pursuant Regulations from 1998 and required where economically feasible.

Three Government Decisions relate to waste paper recovery:

� Decision Number 479, dated 22.7.01: Waste Recycling and Reduction in Government; � Decision Number 1190, dated 31.12.02: Implementing Waste Recycling and Reduction in

Government; � Decision Number 938, dated 26.10.03: Employment of Handicapped Persons in Recycling in

Government Ministries.

Environmental criteria are already incorporated into the public procurement of several products and services through the Governmental Purchasing Administration, including recycled paper.

Paper recycling containers are placed throughout residential neighbourhoods and in many public institutions. A considerable level of waste paper recovery has been achieved on a voluntary basis. 260,000 tons are recycled annually, constituting about 26% of the total annual consumption of paper, and 75% of local paper production capacity. Another 40,000 tons of certain types of waste paper are collected separately and exported. Current projections are for a future level of recycling of 520,000 ton/year within the next five years.

Recommendation of the Council concerning the re-use and recycling of beverage containers – [C(78)8]

Conclusion:

Israel accepts this Recommendation.

Explanatory comment:

The Beverage Container Deposit Law 1999 and pursuant Regulations 2001 cover all beverage containers larger than 100 milliliters and smaller than 1.5 liters. The law has three main objectives: to improve cleanliness and reduce litter; to reduce waste quantities and landfill volume and to encourage recycling and reuse of beverage containers. The current level of beverage containers collected under the Law is 65%, all of which is recycled. The Law enables voluntary reuse which currently applies to 500 ml glass beer bottles, of which 93% are recycled.

The Maintenance of Cleanliness Law 1984 imposes a levy on plastic beverage containers with a volume of 1.5 liters and above. Such beverage containers, not included in the deposit scheme, are voluntarily collected in street containers throughout local authorities, and recycled. The current level of collection is 10%.

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Recommendation of the Council on comprehensive waste management policy – [C(76)155]

Conclusion:

Israel accepts this Recommendation.

Explanatory comment:

Israel adopted a policy based upon a long-term vision of sustainable integrated waste management. A Sustainable Solid Waste Management Masterplan was approved in 2006 under the Planning and Building Law 1965 by the National Building and Planning Board (NBPB) and by the Government. The masterplan presents a comprehensive framework for environmentally sound management of solid waste, including regulations, criteria, approaches and long-term goals for achieving integrated solid waste management, with particular attention to minimizing spatial land requirements. It relates to all stages of solid waste management, to all sectors generating waste, to a wide range of treatment methods and outlines the steps for its implementation. Each step is composed of two components: actions that will serve as “agents of change” to achieve the long-term goals of the masterplan, and regulative, economic and informational tools to facilitate the process.

The current policy is based on a three tier hierarchy, in order of preference:

1. Source reduction:

� The MoEP is examining methods for reducing packaging waste, through 'extended producer responsibility';

� The MoEP allocates financial aid from the Maintenance of Cleanliness Fund to projects of solid and hazardous waste reduction at source.

2. Recovery:

� Recycling is encouraged through the Collection and Disposal of Waste for Recycling Law 1993, and by the 1998 Regulations pursuant to this law requiring municipalities to attain recycling targets;

� Reduction of landfilling is pursued through the imposition of a landfill levy in the 2007 amendment of the Maintenance of Cleanliness Law 1984. The revenues from this levy, as well as from fines, are allocated entirely for recycle and recovery schemes. According to budget plans, EUR 280 m will be allocated over the next decade. In 2009 over EUR 20 m were allocated for this purpose of which EUR 7.1 m have been utilized to date;

� Tires are recycled under the Disposal and Recycling of Tires Law 2007, imposing 'extended producer responsibility' on manufacturers and importers of tires;

� The Beverage Container Deposit Law 1999 and pursuant Regulations 2001 aim at reducing waste quantities and landfill volume and to encourage recycling and reuse of beverage containers;

� Several private companies collect electronic waste for recycling; � Neighborhood drop off centers have been established in many local authorities. � Where collected, construction and demolition waste is recycled and used as low grade aggregate

in road construction; � The website of the Clean Production Center, established by the MoEP and the Manufacturers

Association of Israel, includes a waste (including hazardous waste) "stock exchange";

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� Voluntary agreements with the Manufacturers Association and with the Contractors and Builders Association promote recycling of construction and demolition waste.

� Israel's only cement plant uses refuse derived fuel (RDF), as well as hazardous waste, as a source of energy.

3. Landfilling: During 1995-2005 unregulated municipal waste sites were closed in accordance with a government decision and temporary financial assistance was given to local authorities to cover the costs of transferring their waste to more distant disposal sites. Fourteen state of the art landfills were established. Methane gas is captured at 8 major landfills and used as a source of energy, to be expanded to the other 6 landfills.

Hazardous waste is regulated through the Hazardous Substances Law 1993 and its Regulations.

� Hazardous waste (organic and inorganic, liquid and solid) is treated by a government owned company at its site at Ramat Hovav according to the highest standards. The price paid for treatment of hazardous waste includes all treatment costs and is substantially higher than the price paid for solid waste treatment. The company submits a monthly report to the MoEP. It is also obliged to alert the Ministry about any irregularity within 15 minutes and send a full report within 24 hours; Additional hazardous waste is treated, recycled or used as a source of energy at other authorized sites. All operations are subject to the supervision and approval of the MoEP, under the Licensing of Businesses Regulations (Disposal of Hazardous Substances Waste), 1990.

� New regulations on hazardous waste treatment and disposal are currently being drafted. The regulations will introduce a change in the method of defining hazardous waste which will be according to the relevant EU Directives. They will also include prioritization of hazardous waste management methods, in line with EU policy. Third, the regulations will include a mechanism for enforcement and inspection of hazardous waste from cradle to grave as well as requirements and guidelines on hazardous waste treatment which are targeted at producers of hazardous waste, transporters, transfer stations and treatment, recycling and disposal facilities;

� The MoEP focuses attention on making industries shift from end-of-pipe solutions by granting annual financial assistance to industries for the reduction of hazardous waste volume, with priority to plants in which waste or waste toxicity is reduced at source;

� The planned PRTR (Pollutant Release and Transfer Register) mechanism, to be implemented in 2012, will provide the Ministry and the public with information regarding transfer of hazardous waste from industrial plants.

MUTUAL ACCEPTANCE OF DATA (MAD) and GOOD LABORATORY PRACTICE (GLP)

C(81)30/FINAL: Decision of the Council concerning the mutual acceptance of data in the assessment of chemicals

C(97)114/FINAL: Decision of the Council concerning the Adherence of non-member Countries to the Council Acts related to the Mutual Acceptance of Data in the assessment of Chemicals

C(89)87/FINAL: Decision- Recommendation of the Council on compliance with principles of GLP

Conclusion:

Israel accepts these Decisions and Recommendation.

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Explanatory comment:

Israel adheres to these Decisions and Recommendation and accepts data complying with OECD GLP principles generated by research facilities of OECD and other adhering countries.

Israel (Israel Laboratory Accreditation Authority - ISRAC) participates in Mutual Joint Visits of the OECD GLP program.

GENERAL PRINCIPLES OF CHEMICALS MANAGEMENT AND NEW CHEMICALS

C(77)97/FINAL: Recommendation of the Council establishing guidelines in respect of procedure and requirements for anticipating the effects of chemicals on man and in the environment

C(74)215/FINAL: Recommendation of the Council on the assessment of the potential environmental effects of chemicals

C(82)196/FINAL: Decision of the Council concerning the Minimum Pre Marketing Set of Data in the Assessment of Chemicals

Conclusion:

Israel accepts this Decision and Recommendations with a specified time frame of four years for their implementation (2013).

Explanatory comment:

The management of hazardous substances in Israel is carried out through the permitting and supervision of operators of facilities dealing in hazardous substances, rather than permitting the hazardous substances themselves. Pursuant to the Hazardous Substances Law, 1993 any operator dealing with hazardous materials, is required to have a Hazardous Materials Permit, unless exempt due to low risk. This permit imposes restrictions on the quantities and conditions of use of these materials for the purpose of the protection of man and the environment.

Currently, registration and licensing of chemicals themselves is carried out on pesticides, pharmaceuticals, cosmetic preparations and food additives, so while the guiding principles and mechanism are familiar in Israel, they will need to be extended to industrial chemicals.

Implementation of this Decision and Recommendations will require additional legislation and establishment of a new administrative unit, with scientific and legal expertise.

The anticipated time frame for implementation is as follows:

a) 2010: Selection of the preferred mechanism for chemical management in Israel, following completion of a tender for comparative analysis of chemical management systems.

b) 2011: Presentation of draft legislation to Parliament.

c) 2012: establishment of a new administrative unit, to implement the chemical registration system.

d) 2013 onwards: implementation of chemical management mechanism.

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EXISTING CHEMICALS

C(90)163/FINAL: Decision-Recommendation of the Council on the cooperative investigation and risk reduction of existing chemicals

Conclusion:

Israel accepts this Decision - Recommendation.

Explanatory comments:

Israel, in cooperation with its chemical industry, is committed to contributing to the HPV programme on existing chemicals.

Israel has in place legislation and programmes aimed at the reduction of risks from existing chemicals, such as workers' health and safety provisions; requirements regarding of Material Safety Data Sheets (MSDS); Official Standards on the classification, labeling, packaging and marketing of industrial chemicals; terms and conditions in Hazardous Materials Permits, surveys, monitoring programmes.

With respect to the recommendations regarding cooperation, Israel is willing to engage in cooperative activities with Member countries to promote implementation of this Decision-Recommendation

C(87)90/FINAL: Decision-Recommendation of the Council on the systematic investigation of existing chemicals

Conclusion:

Israel accepts this Decision-Recommendation with a specified time frame of four years for its implementation (2013).

Explanatory comment:

Israel intends to establish a mechanism for chemical registration, which will apply both to new and existing chemicals. The time frame for the implementation of this Decision-Recommendation is detailed in Israel's response to Acts C(82)196, C(77)97 and C(74)215 above.

EXPORT OF BANNED OR SEVERELY RESTRICTED CHEMICALS

C(84)37/FINAL: Recommendation of the Council concerning information exchange related to export of banned or severely restricted chemicals

Conclusion:

Israel accepts this Recommendation with a specified time frame of one year for its implementation (2010).

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Explanatory comment:

It is Israel's intention during 2010 to carry out the following tasks:

a) Information will be provided to importing countries regarding banned or severely restricted chemicals exported by Israel, as specified in the Recommendation;

b) Israel will ratify the Rotterdam Convention to which it is a signatory but not yet a party.

CONFIDENTIALITY AND PROPRIETARY RIGHTS

C(83)98/FINAL: Recommendation of the Council concerning the OECD list of non-confidential data on chemicals

Conclusion:

Israel accepts this Recommendation.

Explanatory comment:

The existing situation in Israel is compatible with the Recommendation. The Work Safety Regulations (Safety Data Sheet; Classification, Packaging, Labeling and Marking of Packages), 1998, issued jointly under the Work Safety Ordinance (New Version), 1970 and the Hazardous Substances Law, 1993, are aimed at the protection of the safety and health of those working with hazardous substances, those in the vicinity, and the environment. These regulations require producers, importers, distributors or sellers of a hazardous substance to supply recipients with updated Material Safety Data Sheets (MSDS) The data contained in the MSDS in Israel is greater than the minimum data listed in the Recommendation.

C(83)97/FINAL: Recommendation of the Council concerning the exchange of confidential data on chemicals

Conclusion:

Israel accepts this Recommendation.

Explanatory comment:

The establishment of the intended chemical registration system will increase the information available for exchange.

C(83)96/FINAL: Recommendation of the Council concerning the protection of proprietary rights to data submitted in notifications of new chemicals

Conclusion:

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Israel accepts this Recommendation with a specified time frame of four years for its implementation (2013).

Explanatory comment:

This recommendation will become relevant once the planned chemical registration system is effective. The time frame for the implementation of the chemical registration system is outlined above in response to the Acts C(82)196, C(77)97 and C(74)215 above.

PRTR

C(96)41/FINAL: Recommendation of the Council on implementing pollutant release and transfer registers

Conclusion:

Israel accepts this Recommendation with a specified time frame of three years for its implementation (2012).

Explanatory comments:

Israel is committed to the establishment of PRTR according to the following time frame:

a) January 2010: Commencement of Pilot Project based on the selection of an appropriate PRTR from among various options currently under consideration.

b) 2012: Implementation of PRTR.

Current legislation, namely the Licensing of Businesses Law, the Freedom of Information Law and the Clean Air Law and their Regulations provide an initial framework for the implementation of PRTR, however this framework is likely to prove inadequate in the long term and additional legislation will be required. It is anticipated that the results of the Pilot Project will further clarify the type of legislative changes necessary.

CHEMICAL ACCIDENTS

C(88)85/FINAL: Decision- Recommendation of the Council concerning provision of information to the public and public participation in decision-making processes related to the prevention of, and response to, accidents involving hazardous substances

Conclusion:

Israel accepts this Decision-Recommendation:

Explanatory comment:

In the context of national preparedness for mass disasters which includes hazardous substances accidents, the competent authorities in Israel provide information on appropriate behavior and safety

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measures that the public should adopt, including use of public shelters and sealed rooms. The whole country is covered by an emergency siren system.

By virtue of a 2008 Government Decision the Ministry for Environmental Protection was designated the "National Coordinator for Hazardous Substances". An Inter-ministerial Committee was set up including various stakeholders and whose mandate includes questions of public participation and risk communication.

Recently enacted Freedom of Information Regulations (Public Access to Environmental Information), 2009, expand the availability of environmental information required to be provided to the public relating to hazardous substances accidents.

Plans for major installations, which may include hazardous materials, require approval under the Planning and Building Law, 1965. The public has a right to comment and/or submit an objection to the plan and the planning authority includes a representative of an environmental non-governmental organisation. An environmental impact statement is usually required for such installations and is open to the public during and following the deposition of the plan.

With respect to the Recommendation, at present general public participation is not incorporated into decision making processes with respect to licensing of hazardous installations. Possible ways of further extending public involvement will be examined.

C(88)84/FINAL: Decision of the Council on the exchange of information concerning accidents capable of causing transfrontier damage

Conclusion:

Israel accepts this Decision with the following declaration. Currently, Israel does not share a common frontier with any OECD member country.

Explanatory comment:

Israel and Mediterranean countries cooperate within the Mediterranean Action Plan (MAP) of the Barcelona Convention.

C(89)88/FINAL: Recommendation of the Council concerning the application of the polluter pays principle to accidental pollution

Conclusion:

Israel accepts this Recommendation.

Explanatory comment:

The Polluter Pays Principle is incorporated in various ways in the prevention, control and cost of accidental pollution involving hazardous substances. Under the Hazardous Substances Law, 1993, all persons dealing in listed hazardous substances are required to hold a hazardous materials permit for which a differentiated fee is charged based on risk level. The permit specifies obligatory terms and conditions for

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the operation of the facility, including preventative measures, the implementation costs of which are borne by the operator.

In the event of an accident the permit holder is required to take all measures to mitigate the hazard and to remove and cleanup the affected area. In the event of the permit holder's failure to do so, the competent authority can carry out these activities and recoup twice the costs from the permit holder.

In addition, criminal penalties including fines may be imposed by the courts and recent legislation (the Polluter Pays Law, 2008), enables the imposition of substantial administrative financial sanctions.

The costs of certain emergency services are also imposed on the polluter.

C(2003)221/FINAL: Recommendation of the Council concerning chemical accident prevention, preparedness and response

Conclusion:

Israel accepts this Recommendation.

Explanatory comment:

Under the Hazardous Substances Law, 1993, which provides for the imposition of terms and conditions in hazardous materials permits, the issuing authority ensures that hazardous materials are handled in a manner aimed at the prevention and minimization of the effects of chemical accidents and ensuring the preparedness of the facility to treat chemical accidents. The permit also includes provisions on risk management, risk reduction and impact minimization.

Since 1993, as part of its hazardous substance management system, Israel operates an integrated emergency response system to deal with cases of accidents involving hazardous substances. The main objectives of this national programme, are saving human life, prevention and reduction of risk to the population and minimising environmental damage. The duties and responsibilities of the various emergency services involved are set out in legislation.

In implementing the above, Israel takes into account the Guiding Principles for Chemical Accidents and the Guidance on Safety Performance Indicators mentioned in this Recommendation.

SPECIFIC CHEMICALS

C(87)2/FINAL: Decision- Recommendation of the Council on further measures for the protection of the environment by control of PCBs

Conclusion:

Israel accepts this Decision-Recommendation

Explanatory comment:

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Any commercial use of PCBs requires a Hazardous Materials Permit. No such permits for PCBs are currently in force in Israel and the competent authority will not issue such permits. Israel is not aware of the manufacture, import, sale or non permitted export of any PCBs.

Israel will be able to verify the above once the proposed chemical registration system has been established.

Israel has in the past approved the export of waste oil containing PCBs and equipment contaminated by PCBs for the sole purpose of disposal. This was done through the mechanisms of the Basel Convention and accords with this Decision - Recommendation.

Israel will ratify the Stockholm Convention to which it is a signatory but not yet a party and will prepare its National Implementation Plan in accordance with the time frame of the Convention.

C(73)172/FINAL: Recommendation of the Council on Measures to Reduce all Man-Made Emissions of Mercury to the Environment

Conclusion:

Israel accepts this Recommendation.

Explanatory comment:

Emission and environmental standards for mercury are imposed in licenses and permits pursuant to the Licensing of Businesses Law, 1968 and Hazardous Substances Law, 1993.

Israel has eliminated the use of alkyl-mercury compounds in agriculture and mercury compounds in the pulp and paper industry.

Maximum possible reduction in the discharges of mercury from mercury cell chloralkali plants was achieved by the closure of one particular facility that did not comply with emission standards and only one other mercury cell chloralkali facility currently exists in Israel. This facility substantially reduced its mercury emissions pursuant to the terms and conditions of its Hazardous Materials Permit. Restrictions also exist for the use of mercury in toys.

C(71)83/FINAL: Recommendation of the Council of the determination of the biodegradability of anionic synthetic surface active agents

Conclusion:

Israel accepts this Recommendation.

Explanatory comment:

There is an Official Standard for detergents in Israel (Israeli Standard No. 437), which adopts the European standard for determining biodegradability. The Water Regulations, 1974 banned use of non-biodegradable branched chain alkyl-benzene detergents in Israel.

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C(96)42/FINAL: Declaration on Risk Reduction for Lead

Conclusion:

Israel accepts this Declaration.

Explanatory comment:

The use of leaded gasoline is not permitted. In addition instruments such as Laws and Regulations, Permits, Licenses and Official Standards limit exposure to Lead in areas such as: drinking water; workplace exposure to Lead; Lead content in effluent discharges from industry; in irrigation water; in permitted discharges to sea water; in contaminated soil removal and in air emissions. Restrictions also exist for the use of Lead in paints, toys and ceramic utensils

In addition, programmes exist for the collection and recycling of Lead-acid batteries, and electronic waste.