The IPPC Directive: progress and future developments Gabriella Gerzsenyi European Commission 10 October 2005, Bratislava
As amended by: Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control (IPPC) Directive 2003/35 (dealing with public participation and access to information) Directive 2003/87 (specifying that IPPC permit shall not include emission limit values for greenhouse gases specified in emission trading scheme) Regulation 1882/2003 (changing detail of committee procedure)
Key dates Entry into force: 30 October 1996 Transposition = implementation for new installations: 30 Oct 1999 (old MS) 1 May 2004 (new MS) Implementation for existing installations: 30 Oct 2007 (with some transitional periods)
Check of compliance Permit
Check of compliance old MS transposed with considerable delays at the end of 2004, all EU15 had finally transposed some gaps remain, infringement procedures are on-going (or to be launched) against 8 MS with one exception, the remaining transposition issues do not cover major legal points
Check of compliance new MS all new MS have communicated transposing national legislation the conformity check is being carried out through external contracts (results expected at end 2005)
Check of compliance - implementation Very few cases of complaint or infringement procedure for bad application 15 individual cases located in DE, EL, ES, FR, IE, CZ and PL
Other information sources Reports by MS EPER reporting Studies IMPEL network (projects)
MS reporting 1st implementation reports on period 2000-2002 sent to Commission by July 2004 analysis made by consultant input to the upcoming IPPC implementation report to be adopted by the Commission 2nd reports due by Sept 2006 on period 2003-2005 3rd questionnaire under preparation for period 2006-2008
The Sevilla process http://eippcb.jrc.es/ Government experts EIPPCB Industry experts NGO experts
Status of BREFs Formally adopted by the Commission: 17 Finalised: 7 Final draft: 1 Working draft: 7 Work started: 1
Review of BREFs 2005-2006 e.g. cement and lime production, iron and steel production 2006-2007 e.g. glass production 2007-2012 New reviews Possible inclusion of new sectors
Concerns of implementation generally lack of administrative resources only limited number of existing installations permitted in accordance with the Directive in view of deadline of October 2007 a number of permit application likely to come very late, giving little time to ensure compliance before deadline BREFs not always used by competent authorities as a basis for setting up permit conditions
Points of uncertainty Definition of installation Definition/interpretation of Annex I activities What change is considered to be substantial How to co-operate in case of transboundary pollution
Actions to improve implementation Monitoring the state of implementation for the 50 biggest polluters according to EPER (information to be put on internet) Visit of the Commission to the authorities of MS where significant efforts are required Finalisation of 1st round of BREF by the end of 2005; review of the oldest BREFs has started in 2005 Development of guidance documents on the interpretation of the scope of the Directive and the definition of installation
Why a Review? 2003 Communication Positive reaction and general call for regulatory stability But room for improvement: coverage, interpretation, legislative interactions Some call for additional scope for emission trading
Core Objectives? An ambitious review while not altering the fundamental principles and objectives of the present Directive (high level of environmental protection, integrated approach, BAT, permitting )
Core Objectives? Examine scope for legislative streamlining IPPC Directive Landfill Directive Waste Incineration Directive EIA Directive Emission Trading Directive LCP Directive
Core Objectives? Encourage industry to go beyond regulatory compliance: Incentives for innovation and enhanced deployment of environmental technologies Economic instruments (trading, taxes...) Environmental management systems Administrative relief Voluntary schemes
Core Objectives? Technical amendments in the light of experience: Permit review and monitoring provisions Information exchange Clarification of scope, definitions, etc.
How? Other technical and legal input Development of guidance 2nd EPER reporting Member States 2 nd implementation reports
Possible Outputs, Timing? Conclusion of review in 2007 with longterm vision on industrial emissions control Expected accompanying legislative proposal based on an impact assessment Unlikely to come into effect until ~ 2012 at earliest
Conclusions No change in short term 2007 deadline unaffected! Review is basis for long-term evolution of EU policy on industrial emissions Input is needed
Thanks for your attention! http://www.europa.eu.int/comm/dgs/environ ment/index_en.htm