Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 1 The IPPC Directive Introduction to the philosophy Rob Kramers Senior advisor InfoMil

Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 2 IPPC Directive Integrated Pollution Prevention and Control Council directive 96/61/EC Purpose To achieve a high level of protection for the environment taken as a whole To achieve integrated prevention and control of pollution arising from the activities listed in Annex I

Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 3 IPPC Directive is an important milestone - Flexible and integrated framework - Integrated approach - Public access to information IPPC is an EC Directive It has to be transposed into the national law Czech IPPC Act IPPC Directive

Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 4 IPPC General Principles Prevention against pollution by integrated permitting (to air, land and water) Using BAT (Best Available Techniques) Waste management (avoiding, recovering or safely disposed) Efficient use of energy Accident prevention Site restoration

Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 5 IPPC Timetable Sept 1993: Commission proposal Sept 1996: adoption of the IPPC directive Oct 1999: IPPC applies to all new installations as well as existing installations undergoing significant changes 2001: start of ELV reporting 2003: start of implementation and EPER reports Oct 2007: IPPC applies to all installation

Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 6 IPPC permits Site specific permit conditions Emission Limit Values on the substances from annex III (based on BAT) Equivalent parameters or technical measures Requirements ensuring protection of soil and ground water Measures concerning management of waste Monitoring requirements, specifying measurement methodology and frequency Evaluation procedure and an obligation to supply the competent authority with data Conditions other than normal operating conditions

Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 7 “Best Available Techniques”(1) “Best” means: ` the most effective in achieving a high general level of protection for the environment as a whole’. But how high is `high’?

Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 8 “Best Available Techniques”(2) It incorporates the consideration of the economic viability of implementing a technique, taking into account the `costs and advantages’ of implementation, when deciding whether that technique is available. BAT Reference documents (BREFs)

Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 9 Questions

Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 10 May 2004 Jan 2003 Oct 2007 June 2003 Sep 2006 Jun 2007 Commission reports on implementation of Directive Amendment allowing green- house gas emission trading comes in effect MS implemen- tation reports to be submitted Adoption of IPPC Communica- tion Enlargement June 2004 Sep 2003 Jan 2005June 2005Dec 2005 Amendment strengthening public partici- pation comes in effect First edition of all BREFs should be ready Latest com- pliance date for existing installations

Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 11 IPPC acronyms! IPPC: Integrated Pollution Prevention and Control BAT: Best Available Techniques (# technologies) BREF: Bat Reference Notes ELV: Emission Limit Value

Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 12 Economic criteria for BAT decisions Market structure Industry structure Resilience of the sector BAT costs as a percentage of total costs Speed of implementation

Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ03/IB/EN/01 13 A BREF is A reference document Guidance to the licensing authority A result of information exchange process between MS, Industry and green NGO’s Provides possibilities to generate a high level of protection of the environment as a whole Harmonisation of environmental legislation within the Union