Strategies for the Decarbonization of the Steel Sector in Europe

The research was conducted in 6 countries within and outside the European Union namely Bulgaria, Bosnia and Herzegovina, Croatia, Czechia, Hungary and Poland. Some of these countries had significant steel industries 30 years ago and some have even maintained considerable capacities for steel production to date. The project was based on two major pillars: both legal and technical. As a starting point, J&E researchers identified one major steel production facility in their respective countries. The identification was based on the level of pollution produced by such a facility as opposed to the production capacity of the steel producing installation. As part of this identification process our colleagues tried to obtain relevant technical and legal documentation of these facilities either via publicly available databases or via freedom of information requests. The legal documents primarily covered permit applications and the actual permits themselves issued by the competent environmental authorities of the countries, while technical documents were mostly the supporting documents to such applications.

From this point on, the project ran on two parallel tracks:

1. As regards the legal aspects J&E colleagues discovered the regulatory regime applicable to steel producing installations and prepared respective national legal studies on how this sector is governed.
2. Parallel to this the permitting documentations were given to a technical expert with a request to prepare a brief evaluation to what extent the selected steel producing facility and its operation is in line with the European Union’s so-called Best Available Technology expectations.

As the final step of the project legal experts prepared respective country legal strategies based on the applicable laws, the available legal remedies and the findings of the technical experts in order to present what possible legal pathways there are for contributing to the decarbonization of the steel industry in these six countries by legal means.

The findings of the research were the following:

• In none of the countries was it a problem to get access to the relevant information about the selected facilities. In most of the countries, typically the European Union member states, these data were available in publicly accessible electronic registers. In the non-EU country covered by the research, the data was possible to get from the competent authority.
• Consequently colleagues identified no necessary legal actions to improve access to information, however, there were a few suggestions to enhance public access to such documents. For instance, in Croatia, a request for access to the supporting documentation is advised while in Czechia the submission of a request for information is recommended to get access to the consolidated permit and installation. In Poland, it is useful to submit a complaint if the publication of a permit is significantly delayed.
• Although no administrative procedures were ongoing during our research, J&E colleagues still explored legal avenues to ensure that the affected public is appropriately involved in related decision-making processes. All the participating country researchers concluded that in case the public is left out of the appropriate procedures it is a reason for the submission of either an administrative complaint or even the filing of a lawsuit against the permit issued after such a procedure.
• Perhaps the single most important and interesting finding of the project is whether the selected facilities meet the requirements of the Best Available Technology prescribed by the European Union. In this regard, the findings are very similar in that no major non-compliances were identified by the technical experts for the facilities. In some countries, there were minor problems detected. For instance, in Czechia, compliance with the monitoring requirements was not fully ensured and in Hungary, some parts of the technology were not up to date according to the technical reports.
• As a conclusion, researchers suggested the following legal steps in order to make sure that the respective steel industry facilities make their best contribution to the mitigation of climate change via decarbonisation of the industrial processes:
  • initiation of monitoring procedures at the competent authority
  • initiation of so-called update procedures at the competent authority in case some parts of the permit become obsolete
  • initiation of a review procedure of the permit at the superior authority
  • reporting major breaches of the permit conditions to the police or the public prosecutor
  • starting of a class action or an actio popularis case against the operator in case there are damages suffered by the affected communities
  • two types of supranational procedures were also identified:
    • communication to the Aarhus Convention Compliance Committee if the rules of the Convention are infringed and
    • initiation of an infringement procedure at the European Commission in case it is appropriate

Conclusions:

J&E’s research highlights the potential of legal strategies to help decarbonise the steel sector in six European and neighbouring countries. Through an integrated legal and technical analysis, the project has mapped regulatory frameworks, compliance with EU standards, and proposed practical measures to enhance environmental performance in steel production.

Key findings confirm that access to facility-related information is generally satisfactory, though minor improvements in public accessibility were recommended in certain jurisdictions. The EU’s Best Available Technology compliance is generally in order, though some minor deficiencies, such as inadequate monitoring practices in Czechia and outdated technologies in Hungary, were observed.

The study identifies legal tools that can be used to enable decarbonisation: permit review, update and enforcement, as well as national and international procedures where necessary. The use of these tools will better align the steel industry with climate goals and states’ environmental performance.

This research provides a comprehensive framework for legal action and technical evaluation to drive sustainability in the steel industry. It serves as a foundation for future action, paving the way for a more sustainable future for the steel industry.

Funded by the European Climate Foundation.