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European Commission - Environment Directorate-General
Magnus.Gislev@cec.eu.int, 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)
European Commission - Environment Directorate-General
Magnus.Gislev@cec.eu.int, 8 June 2004
Contents of the presentation
1. Experience in EU-15
2. First Experience in new Member
States
3. Ideas for future
European Commission - Environment Directorate-General
Magnus.Gislev@cec.eu.int, 8 June 2004
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
European Commission - Environment Directorate-General
Magnus.Gislev@cec.eu.int, 8 June 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
European Commission - Environment Directorate-General
Magnus.Gislev@cec.eu.int, 8 June 2004
Implementation of IPPC
II
PP
CC
PP
European Commission - Environment Directorate-General
Magnus.Gislev@cec.eu.int, 8 June 2004
June ’03 Communication on IPPC
stress the importance of IPPC
insufficient progress
key interpretation issues
launch consultation
Why a Communication?
European Commission - Environment Directorate-General
Magnus.Gislev@cec.eu.int, 8 June 2004
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 ...
European Commission - Environment Directorate-General
Magnus.Gislev@cec.eu.int, 8 June 2004
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)
European Commission - Environment Directorate-General
Magnus.Gislev@cec.eu.int, 8 June 2004
Sevilla Process
EIPPCBEIPPCB
NGONGOExpert(s)Expert(s)
GovernmentGovernmentexpertsexperts
IndustryIndustryexpertsexperts
European Commission - Environment Directorate-General
Magnus.Gislev@cec.eu.int, 8 June 2004
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
European Commission - Environment Directorate-General
Magnus.Gislev@cec.eu.int, 8 June 2004
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
European Commission - Environment Directorate-General
Magnus.Gislev@cec.eu.int, 8 June 2004
Number of installations
• See appendix
• In total some 44000 installations in EU-15
• From 30 in Luxembourg to 8842 in Italy
European Commission - Environment Directorate-General
Magnus.Gislev@cec.eu.int, 8 June 2004
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
European Commission - Environment Directorate-General
Magnus.Gislev@cec.eu.int, 8 June 2004
The first national reports (2)
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
European Commission - Environment Directorate-General
Magnus.Gislev@cec.eu.int, 8 June 2004
Setting limits
Flexible BAT
Minimum ELVs EQS
ELVs = Emission Limit Values
BAT = Best Available Techniques
EQS = Environmental Quality Standards
European Commission - Environment Directorate-General
Magnus.Gislev@cec.eu.int, 8 June 2004
The first national reports (3)
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
European Commission - Environment Directorate-General
Magnus.Gislev@cec.eu.int, 8 June 2004
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
European Commission - Environment Directorate-General
Magnus.Gislev@cec.eu.int, 8 June 2004
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)
European Commission - Environment Directorate-General
Magnus.Gislev@cec.eu.int, 8 June 2004
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
European Commission - Environment Directorate-General
Magnus.Gislev@cec.eu.int, 8 June 2004
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, …)
European Commission - Environment Directorate-General
Magnus.Gislev@cec.eu.int, 8 June 2004
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
European Commission - Environment Directorate-General
Magnus.Gislev@cec.eu.int, 8 June 2004
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
European Commission - Environment Directorate-General
Magnus.Gislev@cec.eu.int, 8 June 2004
Compliance check
Permit
European Commission - Environment Directorate-General
Magnus.Gislev@cec.eu.int, 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)