Country Achievements and Country Achievements and Targets Regarding Targets Regarding EU IPPC DirectiveEU IPPC Directive

Third BERCEN Plennary MeetingThird BERCEN Plennary MeetingDecember 16 – 17, 2004December 16 – 17, 2004

Brussels, BelgiumBrussels, Belgium

Ministry of Environment and Physical Planning

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Situation until September, 2002Situation until September, 2002

The Law on Environment and Nature Protection and Promotion (still in force);

Single declarative provision on IPPC;No subsidiary legislation;No templates;Technical-environmental studies in place;

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Process of Development of the National Process of Development of the National IPPC RegulationIPPC Regulation

September, 2002 – September, 2004;Multidisciplinary approach;Multi-sectoral approach;Transparency;Public Involved

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Industry & other Stakeholders Industry & other Stakeholders InvolvedInvolved

Mitigation of the “command & control” policy;

Adopting the DIALOG policy with the industry and the public in general;

The goal – high level of protection of environment as a whole

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MethodologyMethodology GAP Analysis; Drafting; Stakeholders’ participation; Tuning; Entering governmental procedure; 1st reading in the Parliamentarian commissions; Public debates; Stakeholders, comments Final drafting; Table of concordance; Parliamentary Procedure; Adopting the Law

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ResultsResults

The Law on Environment (IPPC regulation);IPPC Decree (issued by the Government,

defining the list of A and B IPPC activities and the applying schedule);

IPPC Ordinance (issued by the MEPP, defining the procedure and templates)

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Supporting resultsSupporting resultsFinalised:National Inventory of current A IPPC Installations; IPPC BrochureDraft versions: IPPC Manual (Internal and external); IPPC Guide for IndustryPreparatory phase:Manual for development of Adjustment Plans;Pilot Integrated Environmental Permit

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ActivitiesDone:70% of the potential IPPC Installations visited;Training for the MEPP IPPC related employees; IPPC Seminar for the IndustryPlanned:Training for IPPC related MEPP employees;Training for LSGU staff;Training seminar for each IPPC sector Other activities:Training for IPPC experts (BAS action);Development of Adjustment plans for 250-300 SME through

BAS trained consultants

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Defines and precise the: Activities under IPPC regulation (A and B); Significant changes of the existing installations???; Time-schedule for applying for an Integrated Environmental

Permit or Adjustment permit; Environmental score sheet for determining the charges

IPPC DecreeIPPC Decree for Determining the Installations for which an Integrated for Determining the Installations for which an Integrated

Permit is required and Time Schedule for submission of the Permit is required and Time Schedule for submission of the Adjustment PlansAdjustment Plans

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Adjustment PlanAdjustment PlanWhat is it:Obligation for Operators that will apply for Adjustment

permit;Sets the operating conditions of the installation including the

ELV and EQS to all environmental media;Sets the time schedule for applying the conditions;Determines BAT for the concerned location;Considers the best practices for the existing technology;Plan how to reach BAT in sustainable way

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Type of PermitsType of Permits

Installations falling under A list of activities:A Integrated environmental permit (new installations);A Adjustment permit with approved Adjustment Plan (existing installations)

Installations falling under B list of activities:B Integrated Environmental Permit (new installations);B Adjustment Permit with approved Adjustment Plan (existing installations,

based on lower BAT standards;

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Schedule for Applying for Schedule for Applying for Integrated/Adjustment PermitIntegrated/Adjustment Permit

The schedule for applying for Adjustment Permit is being developed according: Assessment of the economic impact from IPPC Implementation

(including productivity factor);General assessment of the technical level in IPPC sectors (both:

technology used and techniques applied);Pollution risk assessment by different IPPC sectors and different

installations

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Applying scheduleApplying schedule

Start 01.01.06

30.06.06

31.12.06

30.06.07

31.12.07

30.06.08

END of applying 31.12.08

METALURGY

ENERGY WASTE management

MINERALS

CHEMISTRY

OTHERS

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Adjustment Period - Adjustment Period - Implementation Plan Implementation Plan

Start 01.01.06

METALURGY

ENERGY WASTE management

MINERALS

CHEMISTRY

OTHERSEND of applying 31.12.08

END of adjustment period 01.04.14

B A T level

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IPPC Implementation PlanIPPC Implementation Plan

Existing Installations:Compliance with BAT norms by development of an Adjustment

Plan (2006-2009) and their implementation until April, 2014, orComply with BAT standards immediately and Apply directly for

Integrated Environmental Permit New Installations:

For new installations (2006-01.07.2007) by choice:- Immediately BAT or- Adjustment Plan

For new installations after 01.07.2007, immediate compliance with BAT

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Charges determinationCriteria for charging an individual Integrated

Environmental Permit:Environmental impact (emissions to air, water, soil

and other influences);Incentives:

Environmental management (EMAS, ISO14000;Eco-labeling or Voluntary Agreement

Sensitivity of receptors (close to inhabited or protected area);

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IPPC OrdinanceIPPC Ordinancefor Regulating the Procedure for obtaining A Integrated for Regulating the Procedure for obtaining A Integrated

Environmental PermitEnvironmental Permit

Format and the content of the Registar of A Permits; Format and the content of the Application for

Integrated/Adjustment Permit; Applying Procedure; Procedure in case of trans-boundary impact. Content of the A Integrated/Adjustment Perrmit; Content of the Adjustment Plan; Procedure for negotiation on the Adjustment plan

conditions;

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Pr ocedu r e

D i ag r am

Preparation forapplying forIntegrated

permit

Submission ofapplication tothe Regulator

Assessment ofthe Application

Publicparticipation

Decision onissuing of an

Permit

Announcementof the Permit

Improvement of theApplicatio

n

Additional data required

Commission

Dispute

Look ifinstallation is

under IPPC

yes

Announcementof the

application

Approval

Negotiationsbetween theOperator andthe Regulator

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Implementation remarksImplementation remarksAdvantages:

Good overview of the situation;Legislation and sub-legislation readyAwareness materials distributed;Training programmes for administration and consultants;Covering 50% of the costs for development of the

Adjustment Plans;Relatively long adjustment period

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Disadvantages and risks:Bad socio-economic factors in most of the sectors;Low enforcement capacities;Low administrative capacities especially on municipal

levelPossible resistance from the industry;Possible low consultant capacities;Relatively short implementation period for certain

installations

Implementation remarksImplementation remarks

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BERCEN Accession Priorities Regarding IPPC

1) Strengthening of the enforcement capacities on both, central and local level;

a. Training activities;b. Development of additional tools (software etc)

2) Educate, train and assist the LSGU staff on highest possible level on B Integrated permitting system;

3) Strengthening the Consultant capacities;4) Approach the Industry via incentives, education and

awareness raising, rather than through repression methods (through positive campaign);

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BERCEN Accession Priorities Regarding IPPC

5) Development of at least 6 Pilot Integrated Permits (1 in each IPPC sector);

6) Start the BAT information exchange within Seville process;7) Establishing clear interface between IPPC and LCP Directives

requirements;a. Development of National Emission Reduction Plans;b. Transposition of the EU Directive 2003/87/EC on Establishing a scheme for

GHG emission allowance trading;

8) Negotiations with the Installations that may need longer adjustment period than specified in the Law (3-4 strategic installation);

9) Development of a GPS map of all IPPC installations;