The IPPC Directive and its implementation Alexandre Paquot European Commission Environment Directorate-General Phare Capacity building New MS – Prague workshop 11 April 2005

1- Key elements of the IPPC Directive 2- Key transposition and implementation issues 3 - Next steps

Purpose of IPPC IPPC is about permitting !! Both industry operators and authorities should take an integrated look at the overall environmental impacts of the installation before making decisions on how it should be operated

IPPC: Environmental scope waste prevention and recovery energy efficiency prevention and control of accidents noise vibration heat emissions to water emissions to air emissions to land odour

Key provisions of the Directive l integrated permitting procedure l Emission Limit Values based on Best Available Techniques (BAT) l exchange of information on BAT and associated monitoring l transboundary polluting effects l public access to information (eg EPER) l possible Community emission limit values (incineration and large combustion plants)

May 2004 Future milestones Jan 2003 Oct 2007 June 2003Sep 2006June 2007 Commission reports on implementation of Directive Amendment allowing green- house gas emission trading comes in effect MS implemen- tation reports to be submitted Adoption of IPPC Communica- tion Enlargement June 2004Sep 2003 Jan 2005June 2005Dec 2005 Amendment strengthening public partici- pation comes in effect First edition of all BREFs should be ready Latest com- pliance date for existing installations

BAT most effective in achieving a high general level of protection of the environment as a whole best developed on a scale to be implemented in the relevant industrial sector, under economically and technically viable conditions, advantages balanced against costs the technology used and the way the installation is designed, built, maintained, operated and decommissioned availabletechniques

IPPC and BAT l BAT is a dynamic concept l Integrated approach and BAT definition imply trade-off decisions l Member States and their competent authorities are ultimately responsible for these decisions

From BREF to Permit condition l BAT (in BREFs) l BAT-based permit or General Binding Rules l Local considerations according to Article 9(4) + Legally binding Descriptive MS right to choose how

BAT Information Exchange l required by Directive (Art 16 paragraph 2) l purpose to support licensing authorities l published BAT Reference Documents (BREFs) for each sector l BREFs should be taken into account by the licensing authorities l 21 BREFs finalised / 32 in total to be finalised around the end of 2005

State of transposition l Delays for transposition in EU 15 l 1st Court Case against Austria for incomplete transposition l Infringement procedures against 5 MS (FR, DE, NL, DK, LUX) – more to follow l Difficulties in MS with pre-existing permitting procedure l On-going study of conformity check in new MS

State of implementation Establishment of integrated permitting systems Progress needed to meet full implementation by 30 October 2007

Number of IPPC permits (EU15)

Number of IPPC permits per MS (2002)

Quality of permits ? l In 80 installations under EPER, a particular installation represents 10% of emissions of a particular pollutant !!! l DG ENV to check compliance in a sample of permits (study in 20 installations in 2005)

Other implementation issues Determination of permit conditions based on BAT – use of the BREFs? Monitoring and reporting of emissions - information of the public Regular reconsideration and review of permits Inspection

How to support implementation? BREFs future EU guidelines on list of activities and term “installation” IMPEL (exchange of information – best practice) Capacity building and dissemination strategies

IPPC Review in 2006 l No radical changes to be proposed in short term l Thematic strategies (air, soil, waste) and other EU policies (dioxins) l Technical review (clarification of scope, possible scope extension eg ‘aquaculture’, other issues) l Assessment of possible streamlining of existing legislation on industrial emissions and possible NOx, SO2 emission trading schemes l Incentives to go beyond regulatory compliance

Concluding remarks on the IPPC Directive l Flexible, goal-setting legislation = opportunity for environment + industry l Heavily dependent on “good faith” (on behalf of industry operators and authorities) l Complements other instruments (EQS-based, voluntary / market-based, economic instruments) l High level of protection of the environment l Real challenge for existing and new MS !

/index.htm Commission / Germany IPPC conference : September 2005 (Dresden) More information?