1. Industrial Emissions Directive Targeted stakeholder survey
Input from ETN Members
01 October 2019

2. 10 key themes relevant to the IED
General
Scope – sectors pollutants, thresholds, environmental media
Cross-Cutting Themes
Procedures for the drawing up and reviewing of BAT reference documents (BREFs) – the BREF process
Permitting including derogations
Monitoring, reporting and enforcement
Costs and benefits
Public access to information and justice
Coherence
EU added value

3. 1. General (1/2)
Agree ++ + - -- ?
1.1 IED has contributed to reducing and eliminating pollution arising from industrial activities 1.2 IED has contributed to reducing… 1.3 IED is the appropriate instrument for controlling…
Comment/justification
Consumption of natural resources
Energy use
Waste generation
Comment/justification
Yes
Maybe No ?
Consumption of natural resources
Energy use
Waste generation
Comment/justification

4. 1. General (2/2) 1.4 IED addresses… Agree ++ + - -- ?- -- ?
The most relevant environmental impacts
The most relevant pollutants
The most polluting agro-industrial sectors
Comment/justification

5. 2. Scope Sectors pollutants, thresholds, environmental media
2.1 Are there activities that fall outside the scope of the IED which generate high levels of pollution? 2.2 Are there pollutants outside of the scope of the IED that should be captured? 2.3 The IED contributes to the reduction of hazardous substances (persistent organic pollutants, heavy metals)
Yes No ?
Comment/justification
Yes No ?
Comment/justification
Agree ++ + - -- ?
Comment/justification

6. 3. Cross-Cutting Themes (1/2)
Impact ++ + - -- ?
Environmental Sustainability
Social Sustainability
Economic Sustainability
3.1 Has the IED led to improvements compared to the previous situation under the IPPC and sectoral Directives on… 3.2 Has the IED had a positive impact on the competitiveness of the EU industry? 3.3 The IED and development of BREFs and BAT Conclusions has stimulated innovation in the prevention and control of pollution from industrial activities
Comment/justification ++ + - -- ?
Comment/justification
Agree ++ + - -- ?
Comment/justification

7. 3. Cross-Cutting Themes (2/2)
Impact ++ + - -- ?
Requirements for installations to hold a permits
Monitoring and reporting requirements
Enforcement
BAT Conclusions
Emerging techniques chapter of the BREF
3.4 What impact has the IED and BREF process on driving innovation in the prevention and control of pollution from industrial activities? (3.5) 3.6 Is the IED relevant in the view of the need for industry to rapidly adapt to a zero-carbon economy by 2050?
Comment/justification
Yes
Partially No ?
Comment/justification

8. 4. BREF process (1/4)
Agree ++ + - -- ?
The most relevant environmental impacts
The most relevant pollutants
The most polluting agro-industrial sectors
4.1 The process to draw up an regularly review the BREFs addresses… 4.2 The BREF process identifies the BAT that are the most effective for achieving a high level of environmental protection 4.3 The definition of BAT is appropriate to identify the most effective techniques for achieving a high level of environmental protection
Comment/justification
Agree ++ + - -- ?
Comment/justification
Yes
Partially No ?
Comment/justification

9. 4. BREF process (2/4)
Agree ++ + - -- ?
A high level of environmental protection
Protecting human health
4.4 The BREF process identifies the most appropriate associated emission or performance levels for achieving … (4.5) 4.6 The composition of the Technical Working Group is appropriate for…
Comment/justification
Yes
Neutral No ?
Identifying key environmental issues for a sector
Identifying BAT
Developing effective BAT Conclusions
To help stimulate innovation
Comment/justification

10. 4. BREF process (3/4)
Impact ++ + - -- ?
Identification of key environmental issues
Information exchange
Identification of BAT
Development of BAT Conclusions
4.7 Has the IED led to improvements in the BREF process compared to the previous situation under the IPPC and sectoral Directives on… 4.8 Duration of the process for developing and reviewing BREFs (4.9) 4.10 The BREF process sufficiently consider the compliance and operational costs associated with techniques for the BAT Conclusions
Comment/justification
Short OK
Long ?
n/a
Comment/justification
Agree ++ + - -- ?
Comment/justification

11. 4. BREF process (4/4)
4.11 The BREF process sufficiently consider the benefits associated with techniques for the BAT Conclusions 4.12 The BREF process sufficiently consider the cross-media impacts for the BAT Conclusions (4.13) 4.14 The BREF process has been flexible and fast enough to respond to new or emerging environmental issues
Agree ++ + - -- ?
Comment/justification
Agree ++ + - -- ?
Comment/justification
Agree ++ + - -- ?
Comment/justification

12. 5. Permitting including derogations (1/2)
5.1 Has the IED and BAT Conclusions enabled Member States to implement BAT-based permitting? 5.2 Increase/decrease in BAT-based permitting compared to the previous situation under the IPPC and sectoral Directives 5.3 Are emission limit values (ELVs) in permits typically based on upper or lower BAT-AELS (emission levels associated with BAT) or levels in between? (5.4)
Yes
Neutral No ?
Comment/justification
Increase/decrease ++ + - -- ?
Comment/justification
Upper BAT-AELS
Both
Lower BAT-AELS
Other ?
100%
>75%
Comment/justification

13. 5. Permitting including derogations (2/2)
5.5 The achievement of BAT emission levels could lead to disproportionately higher costs compared to the environmental benefits. IED Article 15(4) allows for derogation Has this article been useful ? How? 5.6 IED Article 15(5) allows for temporary derogation. Has it been used for the testing and use of emerging techniques?
Comment/justification
Yes No ?
Comment/justification

14. 6. Monitoring, reporting and enforcement
6.1 BAT Conclusions are explicit and clear on monitoring requirements. E.g. averaging periods 6.2 Industry reporting have been simplified compared to the previous situation under the IPPC and sectoral Directives 6.3 IED’s provisions on… has led to more effective control of the environmental impacts compared to the previous situation under the IPPC and sectoral Directives
Agree ++ + - -- ?
Comment/justification
Agree ++ + - -- ?
Comment/justification
Agree ++ + - -- ?
BAT Conclusions
Permits
Enforcement
Access to information
Access to justice
Comment/justification

15. 7. Costs and benefits (1/3)
7.1 IED has brought together into one instrument the permitting, monitoring, and reporting requirements of previously separate Directives. This resulted in… 7.2 Has the implementation of the IED led to a reduction in unnecessary administrative burden for industrial installation operators (7.3) 7.4 Are there significant differences in IED and BAT Conclusions implementation between Member States? (including cost and environmental impacts)
Agree ++ + - -- ?
Clarification of the provisions
Simplification of the provisions
Comment/justification
Yes No ?
Comment/justification
Yes No ?
Comment/justification

16. 7. Costs and benefits (2/3)
(7.5) 7.6 The IED has contributed to achieving a level playing field in the EU compared to the previous situation under the IPPC and sectoral Directives (7.7) 7.8 Benefits achieved by the IED were realised in an cost-effective manner 7.9 Could the IED have been implemented more efficiently whilst minimising unnecessary costs and delivering its overall objectives
Agree ++ + - -- ?
Comment/justification
Agree ++ + - -- ?
Comment/justification
Yes No ?
Comment/justification

17. 7. Costs and benefits (3/3)
7.10 Estimate the total staff time spent on contributing to the information exchange for the Large Combustion Plants (LCP) BREF
Comment/justification

18. 8. Public access to information and justice
8.1 Improved public access to information regarding … compared to the previous situation under the IPPC and sectoral Directives 8.2 Are permits for your installation / sector easily accessible and available via the Internet ? (8.3)
Improvement ++ + - -- ?
Granting of a permit
Updating of a permit
Details of permits granted and conditions contained therein
Environmental performance of installations
Derogations
Comment/justification
Yes No ?
Comment/justification

19. 9. Coherence (1/3)
9.1 Is the IED internally consistent and coherent among its chapters and provisions? (9.2) 9.3 Are there any inconsistencies, contradictions, unnecessary duplication, overlap or missing links between provisions and activities listed in IED Annex I 9.4 Are the boundaries of the activities in Annex I clear and appropriate ?
Consistency ++ + - -- ?
Comment/justification
Yes No ?
Comment/justification
Yes No ?
Comment/justification

20. 9. Coherence (2/3)
Contribution ++ + - -- ?
Air quality
Water quality
Circular economy
Waste management
Sustainable use of resources
Chemical risks and hazards
Energy
Climate change
9.5 Does the IED contribute to the achievement of the objectives of the following EU environmental policy areas
Comment/justification

21. 9. Coherence (3/3)
Yes No ?
Air quality
Water quality
Circular economy
Waste management
Sustainable use of resources
Chemical risks and hazards
Energy
Climate change
9.6 Are there overlaps, contradictions or other inconsistencies between objectives and provisions / requirements of the IED and the following EU environmental policy areas 9.6 Are there overlaps, contradictions or other inconsistencies between objectives and provisions / requirements of the IED and the Regulation (EC) 166/2006 establishing the European Pollutant Release and Transfer Register (E-PRTR)
Comment/justification
Yes No ?
Comment/justification

22. Benefits / Disadvantage
10. EU added value
10.1 Legislation at the EU level (as opposed to national level only) helps … 10.2 Do the issues tackled by the IED continue to require action at the EU level? (e.g. preventing, reducing and eliminating as far as possible, pollution arising from industrial activities)
Benefits / Disadvantage ++ + - -- ?
To better protect human health and the environment
To ensure that national competent authorities address industrial pollution
To avoid competition on environmental standards
Comment/justification
Yes No ?
Comment/justification