Industrial Emissions Directive Targeted stakeholder survey Input from ETN Members 01 October 2019

10 key themes relevant to the IED General Scope – sectors pollutants, thresholds, environmental media Cross-Cutting Themes Procedures for the drawing up and reviewing of BAT reference documents (BREFs) – the BREF process Permitting including derogations Monitoring, reporting and enforcement Costs and benefits Public access to information and justice Coherence EU added value

1. General (1/2) Agree ++ + - -- ? 1.1 IED has contributed to reducing and eliminating pollution arising from industrial activities 1.2 IED has contributed to reducing… 1.3 IED is the appropriate instrument for controlling… Comment/justification Consumption of natural resources Energy use Waste generation Comment/justification Yes Maybe No ? Consumption of natural resources Energy use Waste generation Comment/justification

1. General (2/2) 1.4 IED addresses… Agree ++ + - -- ? - -- ? The most relevant environmental impacts The most relevant pollutants The most polluting agro-industrial sectors Comment/justification

2. Scope Sectors pollutants, thresholds, environmental media 2.1 Are there activities that fall outside the scope of the IED which generate high levels of pollution? 2.2 Are there pollutants outside of the scope of the IED that should be captured? 2.3 The IED contributes to the reduction of hazardous substances (persistent organic pollutants, heavy metals) Yes No ? Comment/justification Yes No ? Comment/justification Agree ++ + - -- ? Comment/justification

3. Cross-Cutting Themes (1/2) Impact ++ + - -- ? Environmental Sustainability Social Sustainability Economic Sustainability 3.1 Has the IED led to improvements compared to the previous situation under the IPPC and sectoral Directives on… 3.2 Has the IED had a positive impact on the competitiveness of the EU industry? 3.3 The IED and development of BREFs and BAT Conclusions has stimulated innovation in the prevention and control of pollution from industrial activities Comment/justification ++ + - -- ? Comment/justification Agree ++ + - -- ? Comment/justification

3. Cross-Cutting Themes (2/2) Impact ++ + - -- ? Requirements for installations to hold a permits Monitoring and reporting requirements Enforcement BAT Conclusions Emerging techniques chapter of the BREF 3.4 What impact has the IED and BREF process on driving innovation in the prevention and control of pollution from industrial activities? (3.5) 3.6 Is the IED relevant in the view of the need for industry to rapidly adapt to a zero-carbon economy by 2050? Comment/justification Yes Partially No ? Comment/justification

4. BREF process (1/4) Agree ++ + - -- ? The most relevant environmental impacts The most relevant pollutants The most polluting agro-industrial sectors 4.1 The process to draw up an regularly review the BREFs addresses… 4.2 The BREF process identifies the BAT that are the most effective for achieving a high level of environmental protection 4.3 The definition of BAT is appropriate to identify the most effective techniques for achieving a high level of environmental protection Comment/justification Agree ++ + - -- ? Comment/justification Yes Partially No ? Comment/justification

4. BREF process (2/4) Agree ++ + - -- ? A high level of environmental protection Protecting human health 4.4 The BREF process identifies the most appropriate associated emission or performance levels for achieving … (4.5) 4.6 The composition of the Technical Working Group is appropriate for… Comment/justification Yes Neutral No ? Identifying key environmental issues for a sector Identifying BAT Developing effective BAT Conclusions To help stimulate innovation Comment/justification

4. BREF process (3/4) Impact ++ + - -- ? Identification of key environmental issues Information exchange Identification of BAT Development of BAT Conclusions 4.7 Has the IED led to improvements in the BREF process compared to the previous situation under the IPPC and sectoral Directives on… 4.8 Duration of the process for developing and reviewing BREFs (4.9) 4.10 The BREF process sufficiently consider the compliance and operational costs associated with techniques for the BAT Conclusions Comment/justification Short OK Long ? n/a Comment/justification Agree ++ + - -- ? Comment/justification

4. BREF process (4/4) 4.11 The BREF process sufficiently consider the benefits associated with techniques for the BAT Conclusions 4.12 The BREF process sufficiently consider the cross-media impacts for the BAT Conclusions (4.13) 4.14 The BREF process has been flexible and fast enough to respond to new or emerging environmental issues Agree ++ + - -- ? Comment/justification Agree ++ + - -- ? Comment/justification Agree ++ + - -- ? Comment/justification

5. Permitting including derogations (1/2) 5.1 Has the IED and BAT Conclusions enabled Member States to implement BAT-based permitting? 5.2 Increase/decrease in BAT-based permitting compared to the previous situation under the IPPC and sectoral Directives 5.3 Are emission limit values (ELVs) in permits typically based on upper or lower BAT-AELS (emission levels associated with BAT) or levels in between? (5.4) Yes Neutral No ? Comment/justification Increase/decrease ++ + - -- ? Comment/justification Upper BAT-AELS Both Lower BAT-AELS Other ? 100% >75% Comment/justification

5. Permitting including derogations (2/2) 5.5 The achievement of BAT emission levels could lead to disproportionately higher costs compared to the environmental benefits. IED Article 15(4) allows for derogation Has this article been useful ? How? 5.6 IED Article 15(5) allows for temporary derogation. Has it been used for the testing and use of emerging techniques? Comment/justification Yes No ? Comment/justification

6. Monitoring, reporting and enforcement 6.1 BAT Conclusions are explicit and clear on monitoring requirements. E.g. averaging periods 6.2 Industry reporting have been simplified compared to the previous situation under the IPPC and sectoral Directives 6.3 IED’s provisions on… has led to more effective control of the environmental impacts compared to the previous situation under the IPPC and sectoral Directives Agree ++ + - -- ? Comment/justification Agree ++ + - -- ? Comment/justification Agree ++ + - -- ? BAT Conclusions Permits Enforcement Access to information Access to justice Comment/justification

7. Costs and benefits (1/3) 7.1 IED has brought together into one instrument the permitting, monitoring, and reporting requirements of previously separate Directives. This resulted in… 7.2 Has the implementation of the IED led to a reduction in unnecessary administrative burden for industrial installation operators (7.3) 7.4 Are there significant differences in IED and BAT Conclusions implementation between Member States? (including cost and environmental impacts) Agree ++ + - -- ? Clarification of the provisions Simplification of the provisions Comment/justification Yes No ? Comment/justification Yes No ? Comment/justification

7. Costs and benefits (2/3) (7.5) 7.6 The IED has contributed to achieving a level playing field in the EU compared to the previous situation under the IPPC and sectoral Directives (7.7) 7.8 Benefits achieved by the IED were realised in an cost-effective manner 7.9 Could the IED have been implemented more efficiently whilst minimising unnecessary costs and delivering its overall objectives Agree ++ + - -- ? Comment/justification Agree ++ + - -- ? Comment/justification Yes No ? Comment/justification

7. Costs and benefits (3/3) 7.10 Estimate the total staff time spent on contributing to the information exchange for the Large Combustion Plants (LCP) BREF Comment/justification

8. Public access to information and justice 8.1 Improved public access to information regarding … compared to the previous situation under the IPPC and sectoral Directives 8.2 Are permits for your installation / sector easily accessible and available via the Internet ? (8.3) Improvement ++ + - -- ? Granting of a permit Updating of a permit Details of permits granted and conditions contained therein Environmental performance of installations Derogations Comment/justification Yes No ? Comment/justification

9. Coherence (1/3) 9.1 Is the IED internally consistent and coherent among its chapters and provisions? (9.2) 9.3 Are there any inconsistencies, contradictions, unnecessary duplication, overlap or missing links between provisions and activities listed in IED Annex I 9.4 Are the boundaries of the activities in Annex I clear and appropriate ? Consistency ++ + - -- ? Comment/justification Yes No ? Comment/justification Yes No ? Comment/justification

9. Coherence (2/3) Contribution ++ + - -- ? Air quality Water quality Circular economy Waste management Sustainable use of resources Chemical risks and hazards Energy Climate change 9.5 Does the IED contribute to the achievement of the objectives of the following EU environmental policy areas Comment/justification

9. Coherence (3/3) Yes No ? Air quality Water quality Circular economy Waste management Sustainable use of resources Chemical risks and hazards Energy Climate change 9.6 Are there overlaps, contradictions or other inconsistencies between objectives and provisions / requirements of the IED and the following EU environmental policy areas 9.6 Are there overlaps, contradictions or other inconsistencies between objectives and provisions / requirements of the IED and the Regulation (EC) 166/2006 establishing the European Pollutant Release and Transfer Register (E-PRTR) Comment/justification Yes No ? Comment/justification

Benefits / Disadvantage 10. EU added value 10.1 Legislation at the EU level (as opposed to national level only) helps … 10.2 Do the issues tackled by the IED continue to require action at the EU level? (e.g. preventing, reducing and eliminating as far as possible, pollution arising from industrial activities) Benefits / Disadvantage ++ + - -- ? To better protect human health and the environment To ensure that national competent authorities address industrial pollution To avoid competition on environmental standards Comment/justification Yes No ? Comment/justification