IPPC Review Stakeholder Hearing Marianne Wenning DG ENV, Head of Unit, Industrial Emissions and Protection of the Ozone Layer 4 May 2007

Industrial Emissions Integrated Pollution Solvents Directive (SE) Prevention and Control (IPPC) Directive Solvents Directive (SE) Large Combustion Plants Directive (LCP) Waste Incineration Directive (WI) Titanium Dioxide Directive (TiO2) European Pollutant Emission Register (EPER) European Pollutant Release and Transfer Register (E-PRTR)

IPPC Review Drivers IPPC Review IPPC Implementation Action Plan Better Regulation Admin Burden Lisbon Agenda (eg ETAP) Air Thematic Strategy and others IPPC Review

current legislation and additional measures Further measures needed to meet the objectives of the Thematic Strategy on Air Pollution Total emission reductions in 2020 beyond the NEC (2010) ceilings through current legislation and additional measures Source: Thematic Strategy on Air Pollution – Work on the revision of the NEC Directive

IPPC: important tool to achieve air pollution targets Contribution of industrial activities (mainly IPPC) to total EU emissions in 2005: 55% CO2, 88% SO2, 36% NOx, 50% particulate matter, 55% VOC Compared to Member States' projected implementation of current legislation in 2020, need for further industrial emission reductions to meet Thematic Strategy 2020 targets: - 30% for SO2 - 35% for NOx - 24% for PM2.5 - 17% for VOC (source: IIASA, cost-optimized NEC emissions, work in context of NEC revision)

Core Objectives An ambitious review while not altering the fundamental principles, objectives and ambition of the present legislation (high level of environmental protection, integrated approach, BAT, permitting …)

IPPC Review consultation IPPC Advisory Group (input studies) IPPC Advisory Group IMPEL (enforcement) IPPC Experts Group (policy orientation) Stakeholders Hearing 2007 (public debate)

IPPC review process - Data collection process Studies: About 10 studies relevant for review process Horizontal issues (implementation, env. benefits, competitiveness, streamlining, incentives) Sectoral issues (waste, agriculture, waste incineration, LCP) About 100 case installations analysed Advisory Group 4 plenary meetings In-depth consultation and discussions on studies More than 200 written comments on reports and replies to questionnaires

Shortcomings in implementation and enforcement Problems: Complexities in current legal framework Insufficient reduction of emissions due to lack of progress towards BAT Lack of transparency on the application of the criteria related to flexibility (technical characteristics, geographical location and local environmental conditions) Effects: Incorrect implementation (e.g. sectoral Directives used as default) or difficulties in interpretation (e.g. scope, definitions) Lower level of environmental protection Possible distortion of competition

Main options to address current shortcomings BAT-based permitting, role of the BREFs, effectiveness of legislation (panel 1) BREFs: more prominent or binding role Possible deviation from BAT/BREFs: more transparent justification according to criteria set in the Directive (technical characteristics of installation concerned, geographical location, local environmental conditions) EU-wide minimum standards: if insufficient progress towards BAT/BREFs, new or updated standards at EU-level Inspection, permit review: more specific provisions in legislation

Option: Proposal for a Single Directive on Industrial Emissions Main elements: Common framework for permitting, reporting, monitoring and compliance for all installations covered by EU legislation on industrial emissions Maintain minimum ELVs of sectoral Directives (LCP, WI, SE, TIO2) Include provision to maintain current system (minimum requirements) for SE installations not covered by IPPC

Main options to address current shortcomings Streamlining and reduction of administrative burdens (panel 2) EU level: Single Directive on industrial emissions: integrating IPPC and sectoral Directives => increase legal coherence, transparency and clarity Streamline MS reporting => save administrative costs MS level: Most actions at MS level to reduce administrative burden (eg combined permitting, monitoring and reporting from operators) => save administrative costs

Use of NOx and SO2 emission trading (ET) IPPC and NEC are barriers/obstacles to NOx and SO2 ET within and between MS ET can be a cost-effective and predictable instrument for MS to reduce emissions to a specified level and achieve environmental objectives IPPC and NEC revisions could foresee the possibility for MS to opt for NOx and SO2 ET If MS wish to use ET, they would need to follow specific future EU-wide rules (e.g. emissions cap, trading rules, geographical scope, local environmental protection) to ensure environmentally sound, compatible and enforceable schemes Such EU-wide rules would be subject to a specific Proposal (not part of IPPC/NEC packages)

Thanks for your input and views ! Next Steps Public Hearing Internet consultation until 18 June (http://ec.europa.eu/environment/ippc/ippc_review_consul.htm) Interservice Consultation before Commission’s adoption (end 2007) Thanks for your input and views !