European Commission - Environment Directorate-General [email protected], 8 June 2004 Trends and experience so far in implementing the IPPC Directive

European Commission - Environment Directorate-General

[email protected], 8 June 2004

Trends and experience so far in implementing the IPPC Directive

in the old and new Member States

Magnus Gislev

European CommissionEnvironment Directorate-General

(Internet: http://europa.eu.int/comm/environment/ippc/index.htm)



Contents of the presentation

1. Experience in EU-15

2. First Experience in new Member

States

3. Ideas for future



IPPC Timetable (1)

September 1993 October 2007September 1996 October 1999

Commissionproposal forIPPC Directive

Adoption ofIPPC Directive

IPPC Directiveapplies to allnew installations

Latest datefor existinginstallations

Dec 2005

Firstedition of all BREFsshould beready

EU ENLARGEMENT

May 2004



May 2004

IPPC Timetable (2)

Jan 2003

Oct 2007

June 2003 Sep 2006 June 2007

Commission reportson implementation of

Directive

Amendmentallowing green-house gasemission tradingcomes in effect

MS implemen-tation reports

to be submitted

Adoption ofIPPC Communica-

tion

Enlargement

June 2004Sep 2003

Jan 2005 June 2005 Dec 2005

Amendmentstrengtheningpublic partici-pation comesin effect

Firstedition of all BREFsshould beready

Latest com-pliance datefor existinginstallations



Implementation of IPPC

II

PP

CC

PP



June ’03 Communication on IPPC

stress the importance of IPPC

insufficient progress

key interpretation issues

launch consultation

Why a Communication?



Implementation problems

How do you reach a high level of technical competence among the staff ?

How do you determine the borders of an installation ? When should a change be considered as “substantial” ? How do you co-operate with other countries in case of

transboundary pollution ? What is meant by “return the site to a satisfactory state” ? How do you write conditions for accidents ? How do you write conditions for waste minimization ? How do you write conditions for energy efficiency measures ? When should companies that exceed their limit values be

prosecuted ? How should inspections be carried out and what kind of

information should be included in monitoring reports ?

The EU countries have identified numerous challenges such as ...



EU activities

Implementation reports (2003, 2006, …)

Implementation studies (2001, …?)

IMPEL1 Network

The implementation of the IPPC Directive is promoted and checked through …

(1) IMPEL = The European Union Network for the Implementation and Enforcement of Environmental Law (informal network of the environmental authorities of the Member States of the European Union)



Sevilla Process

EIPPCBEIPPCB

NGONGOExpert(s)Expert(s)

GovernmentGovernmentexpertsexperts

IndustryIndustryexpertsexperts



IPPC in EU-15

Non-communicationMost MS late

Non-conformityDisappointing quality of transposing legislationOpen cases: Sweden, Austria, Denmark, Netherlands, Germany, Ireland, Italy, France

Bad applicationA few cases being investigated



The first questionnaire

Commission Decision of 31 May 1999 concerning the

questionnaire relating to Council Directive 96/61/EC

Covers the years 2000, 2001 and 2002

• List of all new and existing IPPC installations requested

• Questions regarding all major provisions of the Directive

• Questions about plans for permitting existing installations

• Overall evaluation of the effectiveness of the IPPC Directive, particularly in comparison with other Community environmental instruments



Number of installations

• See appendix

• In total some 44000 installations in EU-15

• From 30 in Luxembourg to 8842 in Italy



The first national reports (1)

Some preliminary conclusions:

• Directive has been adequately transposed in most Member States

• Implementation has been slow in some of them, particularly in those without prior experience in integrated environmental permitting




Problems common to several Member States:

• Legal requirements on reconsideration and updating of permits

• Disproportionate number of applications may have to be be filed immediately prior to the October 2007 deadline

• No transboundary cooperation in permit procedures

• No cases of stricter limits due to quality standards



Setting limits

Flexible BAT

Minimum ELVs EQS

ELVs = Emission Limit Values

BAT = Best Available Techniques

EQS = Environmental Quality Standards




Views on IPPC:

• Effective tool in combating pollution by industrial installations

• Administrative simplification

• Fosters dialogue between the authorities and industry

• Flexibility allowed in the actual implementation

• Wish for greater uniformity and technical coherence with other EU legislation



IMPEL projects

Some IPPC related IMPEL projects:

• Interrelationship of different instruments (IPPC, EIA, SEVESO, EMAS)

• General binding rules

• Best practice in compliance monitoring

• Changes in Industrial Operations

• Compliance and enforcement in the food production/processing industry

• Energy efficiency in environmental permits

• Lessons learned from accidents

• Waste related conditions in environmental permits

• Electronic reporting initiatives in IPPC implementation

• REMAS project (environmental management systems)

For further information, visit http://europa.eu.int/comm/environment/impel/workprog.htm



IPPC in new Member States

Many partnerships between old Member State authorities and new Member State authorities

No transition periods for new installations

Limited extra transition periods for existing installations (in Slovenia, Latvia, Slovakia, Poland)



7th Progress Monitoring report

Transposition completed or almost completed

Amendments not yet transposed

In many countries practical implementation has hardly started

Some countries failed to meet the 1 May deadline for old-new installations

Report recommends more resources for implementation in most countries



IPPC beyond 2007

No more changes before October 2007 No radical changes to be proposed in 2005 Thematic strategies and other EU policies Annex I clarifications and modifications Environmental Technologies Action Plan ENAP project – further flexibility? Various “clarifications” (definitions, permit

review frequency, monitoring reports, inspections, EPER, status of BREFs, …)



Policy links

Thematic strategies - marine environment- soil protection- air pollution (CAFÉ)- recycling- sustainable resource use

ECCP, chemicals policy, dioxin strategy, mercury strategy, water framework dir., ...

UNEP 10-year framework for programmes on sustainable consumption and production



Activities covered

Energy industries Production and processing of metals Mineral industry Chemical industry Waste management Other activities

Production of pulp and paper Pre-treatment of textiles Tanning of hides Slaughterhouses and processing of food products Disposal of animal waste Rearing of poultry or pigs Printing, coating, degreasing, waterproofing etc. Production of carbon or electrographite

Annex I: CATEGORIES OF INDUSTRIAL ACTIVITIES



Compliance check

Permit



Trends and experience so far in implementing the IPPC Directive

in the old and new Member States

Magnus Gislev

European CommissionEnvironment Directorate-General

(Internet: http://europa.eu.int/comm/environment/ippc/index.htm)

Documents

European Commission - Environment Directorate-General [email protected], 8 June 2004 Trends and experience so far in implementing the IPPC Directive