Expert Advisory Forum on priority substances IPPC implementation challenges and EU review process DG ENV.C4, Alexandre Paquot 2 October 2006

EU Legislation on Industrial Emissions Integrated Pollution Prevention and Control (IPPC) Directive Solvents Directive Waste Incineration Directive (WI) Large Combustion Plants Directive (LCP) European Pollutant Emission Register (EPER) European Pollutant Release and Transfer Register (E-PRTR)

Key provisions of the IPPC Directive (96/61/EC) Integrated permitting to ensure high level of environmental protection as a whole Priority to prevention and, if not practical, emissions control Permit conditions based on Best Available Techniques (BAT) taking into account local conditions BAT Reference Documents (BREFs) based on information exchange with MS and stakeholders October 2007 : deadline for full implementation for existing installations

2005 IPPC Implementation Report - Key findings Delays and shortcomings in transposition (still 5 ongoing infringement procedures for non-conformity) Permitting regimes in place in all MS – important changes and efforts in a number of MS compared to pre-IPPC regimes Limited progress in the implementation of the Directive and need to accelerate process in view of Oct 2007 deadline => IPPC IMPLEMENTATION ACTION PLAN

IPPC Implementation Action Plan 1. Full transposition 2. Monitoring progress 2007 5. Guidance 3.Implementation assessment 4. Finalisation BREFs

Monitor implementation and progress towards 2007 Formal information request to MS on number of permits issued Visit to MS to discuss informally and support efforts in implementation ( 7 MS visited – 4 more to come in 2006) “Study on IPPC Implementation” (gain practical understanding through assessment of 30 specific installations) Study on “Impacts of IPPC implementation on competitiveness” (domestic glass, electric steel making) Identification of main emitters through EPER – follow-up analysis to be carried out based on 2nd EPER reporting 2nd MS implementation reports (Sept 2006)

IPPC permitting progress NUMBER OF INSTALLATIONS/ PERMITS PER MS Main analysis of this diagram: Situation far from being satisfactory (1 years before deadline) - Difficulties to get the information from MS (a number do not have a system in place to monitor the progress made – complexisty of certain situations eg 50 CA in Italy ; difficulties in federal states) – 7 MS have not yet responded to the request - in total about 40% of installations have a permit 3 groups of MS 1/ group more advanced (above 40%) DE: 80% ; FI, Baltic countries, BE, IE, LU (already permits in place) 2/ a group of MS which has still a lot of work but there is a clear strategy (phased approach for permit applications, reconsider existing permits) Ex: UK (30%), HU (25%), FR (35%) 3/ a group of MS is clearly lagging behind and do not really have in place the strategy to cope with the 2007 deadline: ex: Spain:13%; Portugal: 14%; Italy no data but very difficult; Greece; Slovenia 0; Poland 10%;; SK: 20%; Data based on information submitted by June 2006 - No data had not been received from AT, CZ, DK, IT, MT, NL and SE

Current main implementation concerns October 2007: most MS are likely to be late Lack of resources for implementation in a number of MS Large variations in permit conditions, impact on competitiveness? BREFs sufficiently taken into account ? Level of enforcement ? Unclear procedures on review of permits in most MS

Next steps To continue assessment of specific installations (study in 2007 and after) To assess the use of general binding rules (study in 2007) To analyse 2nd MS implementation reports and set up a database on MS implementation To use experience with a view to improving IPPC implementation (use of BREFs, reporting and monitoring, review permits…)

IPPC Review - Why? IPPC Review Better regulation - Simplification Experience with IPPC implementation Thematic strategies (air, waste, soil) IPPC Review

Why a Review? Natural part of effective policy cycle 2003 Communication: Positive reaction on the IPPC Directive from MS and other stakeholders General call for regulatory stability But room for improvement: coverage, interpretation, legislative interactions Some call for additional scope for emission trading 2005 Communication: Commitment for a Review

IPPC Review Core Objectives An ambitious review while not altering the fundamental principles, objectives and ambition of the present Directive (high level of environmental protection, integrated approach, BAT, permitting …)

Main on-going studies to prepare IPPC review Competitiveness Implementation Review process Beyond Compliance Impacts of technical Amendments Streamlining

Interface WFD - IPPC Environmental objectives of WFD (Art 22.4) shall be regarded as EQS for the IPPC Directive (in particular in view of Art 10 IPPC – go beyond BAT) Proposed Directive on PS: review of IPPC permits to be carried out “with a view to progressively reducing the extent of each transition area of exceedence” Communication: introduce through IPPC review an explicit reference to PS in permitting procedure

Next steps interface WFD - IPPC On-going study on streamlining interactions IPPC with other legislation Assess possible options to clarify interface between IPPC and FWD Take account PS in permitting process Review of permits Refer to list of PS in Annex III of IPPCD Take better account of PS in context of review of BREFs

IPPC Review consultation IPPC Advisory Group (input studies) IPPC Advisory Group IMPEL (enforcement) IPPC Experts Group (policy orientation) Stakeholder Hearing 2007 (public debate)

Possible Outputs, Timing? Conclusion of review in 2007 with long-term vision on industrial emissions control Legislative proposal if appropriate, based on an impact assessment, unlikely to come into effect until ~ 2012 at earliest No change in short term, 2007 deadline unaffected!