1. Expert Advisory Forum on priority substances
IPPC implementation challenges and EU review process
DG ENV.C4, Alexandre Paquot 2 October 2006

2. EU Legislation on Industrial Emissions
Integrated Pollution
Prevention and Control
(IPPC) Directive
Solvents Directive
Waste Incineration Directive (WI)
Large Combustion
Plants Directive (LCP)
European Pollutant Emission Register (EPER) European Pollutant Release and Transfer Register (E-PRTR)

3. Key provisions of the IPPC Directive (96/61/EC)
Integrated permitting to ensure high level of environmental protection as a whole
Priority to prevention and, if not practical, emissions control
Permit conditions based on Best Available Techniques (BAT) taking into account local conditions
BAT Reference Documents (BREFs) based on information exchange with MS and stakeholders
October 2007 : deadline for full implementation for existing installations

4. 2005 IPPC Implementation Report - Key findings
Delays and shortcomings in transposition (still 5 ongoing infringement procedures for non-conformity)
Permitting regimes in place in all MS – important changes and efforts in a number of MS compared to pre-IPPC regimes
Limited progress in the implementation of the Directive and need to accelerate process in view of Oct 2007 deadline
=> IPPC IMPLEMENTATION ACTION PLAN

5. IPPC Implementation Action Plan
1. Full transposition
2. Monitoring progress 2007
5. Guidance
3.Implementation assessment
4. Finalisation BREFs

6. Monitor implementation and progress towards 2007
Formal information request to MS on number of permits issued
Visit to MS to discuss informally and support efforts in implementation ( 7 MS visited – 4 more to come in 2006)
“Study on IPPC Implementation” (gain practical understanding through assessment of 30 specific installations)
Study on “Impacts of IPPC implementation on competitiveness” (domestic glass, electric steel making)
Identification of main emitters through EPER – follow-up analysis to be carried out based on 2nd EPER reporting
2nd MS implementation reports (Sept 2006)

7. IPPC permitting progress NUMBER OF INSTALLATIONS/ PERMITS PER MS
Main analysis of this diagram: Situation far from being satisfactory (1 years before deadline)
- Difficulties to get the information from MS (a number do not have a system in place to monitor the progress made – complexisty of certain situations eg 50 CA in Italy ; difficulties in federal states) – 7 MS have not yet responded to the request
- in total about 40% of installations have a permit
3 groups of MS
1/ group more advanced (above 40%)
DE: 80% ; FI, Baltic countries, BE, IE, LU (already permits in place)
2/ a group of MS which has still a lot of work but there is a clear strategy (phased approach for permit applications, reconsider existing permits)
Ex: UK (30%), HU (25%), FR (35%)
3/ a group of MS is clearly lagging behind and do not really have in place the strategy to cope with the 2007 deadline:
ex: Spain:13%; Portugal: 14%; Italy no data but very difficult; Greece; Slovenia 0; Poland 10%;; SK: 20%;
Data based on information submitted by June No data had not been received from AT, CZ, DK, IT, MT, NL and SE

8. Current main implementation concerns
October 2007: most MS are likely to be late
Lack of resources for implementation in a number of MS
Large variations in permit conditions, impact on competitiveness?
BREFs sufficiently taken into account ?
Level of enforcement ?
Unclear procedures on review of permits in most MS

9. Next steps
To continue assessment of specific installations (study in 2007 and after)
To assess the use of general binding rules (study in 2007)
To analyse 2nd MS implementation reports and set up a database on MS implementation
To use experience with a view to improving IPPC implementation (use of BREFs, reporting and monitoring, review permits…)

10. IPPC Review - Why? IPPC Review Better regulation - Simplification
Experience with IPPC implementation
Thematic strategies (air, waste, soil)
IPPC Review

11. Why a Review? Natural part of effective policy cycle
2003 Communication:
Positive reaction on the IPPC Directive from MS and other stakeholders
General call for regulatory stability
But room for improvement: coverage, interpretation, legislative interactions
Some call for additional scope for emission trading
2005 Communication: Commitment for a Review

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

13. Main on-going studies to prepare IPPC review
Competitiveness
Implementation
Review process
Beyond
Compliance
Impacts of technical
Amendments
Streamlining

14. Interface WFD - IPPC
Environmental objectives of WFD (Art 22.4) shall be regarded as EQS for the IPPC Directive (in particular in view of Art 10 IPPC – go beyond BAT)
Proposed Directive on PS: review of IPPC permits to be carried out “with a view to progressively reducing the extent of each transition area of exceedence”
Communication: introduce through IPPC review an explicit reference to PS in permitting procedure

15. Next steps interface WFD - IPPC
On-going study on streamlining interactions IPPC with other legislation
Assess possible options to clarify interface between IPPC and FWD
Take account PS in permitting process
Review of permits
Refer to list of PS in Annex III of IPPCD
Take better account of PS in context of review of BREFs

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

17. Possible Outputs, Timing?
Conclusion of review in 2007 with long-term vision on industrial emissions control
Legislative proposal if appropriate, based on an impact assessment, unlikely to come into effect until ~ 2012 at earliest
No change in short term, 2007 deadline unaffected!