1. 1 The Industrial Emissions Directive (IED) Environmental inspections Filip François DG ENV.C.3 - Industrial Emissions team Joint European Commission – IMPEL Seminar on Environmental Inspections Wednesday 17 November 2010, Brussels

2. 2 Overview Current framework IPPC Review: identifying the need for EU action The Industrial Emissions Directive …  what has been kept from current framework?  what was in COM’s Proposal?  what happened in co-decision? … and what are further steps?

3. 3 Current framework

4. 4 IPPC Directive 2008/1/EC (ex 96/61/EC) Fundamentals Prevention of pollution and, if not feasible, minimisation 50,000 industrial/agro-industrial installations (Annex I) Installations shall be operated according to an integrated permit (air, water, soil, waste, …) issued by competent authority Permits shall contain Emission Limit Values (ELVs) based on Best Available Techniques for all relevant pollutants with possibility to take into account technical characteristics, geographical location and local environmental conditions BAT information exchange (“Sevilla process”)  BREFs Complemented by sectoral legislation (LCP Dir, Waste Incineration Dir, Solvent Emissions Dir, …)

5. 5 IPPCD 2008/1/EC Provisions on inspections / compliance Art. 9(5) - Permit conditions shall include obligation to supply CA with data required for checking compliance with permit Art.14 – MS shall ensure that (a) the conditions of the permit are complied with during operation; (b) the operator regularly informs CA of the results of the monitoring of releases and without delay of any incident or accident significantly affecting the environment; (c) operators of installations afford the representatives of CA all necessary assistance to enable them to carry out any inspections within the installation, to take samples and to gather any information necessary for the performance of their duties for the purposes of this Directive.

6. 6 Current sectoral IE legislation Provisions on inspections / compliance Solvent Emissions Dir 1999/13/EC  Art. 8 - Operator shall supply CA once a year or on request with data to verify compliance  Art. 10 - In case of breaches: (a) operator must inform CA and take measures to restore compliance within the shortest possible time; (b) in cases of non-compliance causing immediate danger to human health: operation of the activity is suspended until compliance is restored LCP Dir 2001/80/EC  Art. 13: operator shall inform CA within reasonable time limits about the results of the measurements and the checking of the measuring equipment WI Dir 2000/76/EC  Art. 4(9): CA shall take action to enforce compliance  Art. 11(9): Measurement results shall be recorded/processed/presented in appropriate way as to enable CA to verify compliance None of these Directives explicitly mention environmental inspections

7. 7 RMCEI 2001/331/EC applies to environmental inspections of all industrial installations (…), whose air emissions and/or water discharges and/or waste disposal or recovery activities are subject to authorisation, permit or licensing requirements under EU law, without prejudice to specific inspection provisions in existing EU legislation

8. 8 IPPC Review 2006 - 2007

9. 9 IPPC review (2006-07) Concerns with the status quo The Commission’s review identified the following key areas of environmental concern: 1)Insufficient implementation of Best Available Techniques (BAT) Particular concerns for LCPs (in relation to TSAP objectives) 2)Limitations with regard to compliance enforcement and environmental improvements 3)Insufficient scope and unclear provisions to fully achieve the Thematic Strategy objectives (air, waste, soil)

10. 10 IPPC review COM Impact Assessment Concerns regarding compliance enforcement Data gathering  IPPC implementation reports, IMPEL reports, RMCEI implementation reports No concrete inspection obligations in IPPCD  disparities in approaches amongst MS  number and depth/quality of "on-site" inspections  resulting enforcement actions RMCEI is valuable but not sufficient  useful recommendations on planning, content of inspections, selecting installations, reporting, …  but…. non-binding to MS and approaches are not IPPC specific Lack of systematic and targeted inspection approaches, which are needed to ensure efficient and effective compliance checking and enforcement  inspection plans/programmes sometimes missing or insufficient  but some good practices were found in several MS

11. 11 Industrial Emissions Directive (IED) COM Proposal and Inter-institutional Negotiations

12. Overview Chapter I: General provisions  art. 3: definition of “environmental inspection”  art. 8: non-compliance Chapter II: Provisions for “Annex I installations”  art. 14: annual reporting obligation for operators  art. 21: permit reconsideration/updating  art. 23: inspections

13. 13 IED – COM Proposal 21 Dec 2007 Elements from IPPC Directive kept  Compliance report (annual)  Non-compliance  information / measures / suspend activities: as under SE Directive  Permit reconsideration: information from monitoring/inspections to be used by CA  Separate article on inspections: based on RMCEI  inspection plan  programmes  min. frequency for site visits unless risk based approach  reporting  non-routine inspections

14. 14 IED – main EP amendments definition of “environmental inspections” annual compliance report  two-yearly except in case of breach  publish on internet qualified personnel for inspections inspection frequency  min. frequency 18 mths except in case of breach (6 mths) or in case of risk based approach  risk appraisal criteria listed + COM may establish guidance 4 mths for making report public

15. 15 IED – main Council amendments definition of “environmental inspections” (RMCEI) compliance report  integrated into permit conditions (only for Annex I activities) non-compliance action  fine tuning “immediate” inspection frequency  risk based approach as default with min./max. frequency (1-3 y)  risk appraisal criteria listed + COM may establish guidance 3 mths for making report public

16. 16 Industrial Emissions Directive (IED) Provisions related to inspections & compliance checking

17. Article 8 (Non-compliance) 1. Member States shall take the necessary measures to ensure that the permit conditions are complied with. 2. In the event of a breach of the permit conditions, Member States shall ensure that: (a) the operator immediately informs the competent authority; (b) the operator immediately takes the measures necessary to ensure that compliance is restored within the shortest possible time; (c) the competent authority requires the operator to take any appropriate complementary measures that the competent authority considers necessary to restore compliance. Where the breach of the permit conditions poses an immediate danger to human health or threatens to cause an immediate significant adverse effect upon the environment, and until compliance is restored in accordance with points (b) and (c) of the first subparagraph, the operation of the installation, combustion plant, waste incineration plant, waste co-incineration plant or relevant part thereof shall be suspended. COM proposal: from SED – fine tuned by Council and EP IPPCD Art 14

18. Article 14(1) (Permit conditions) Member States shall ensure that the permit includes all measures necessary for compliance with the requirements of Art. 11 [general principles] and 18 [EQS]. Those measures shall include at least the following: (…) (d) an obligation to supply the competent authority regularly, and at least annually, with: (i) information on the basis of results of emission monitoring referred to in point (c) and other required data that enables the competent authority to verify compliance with the permit conditions; and (ii) where point (b) of Article 15(3) is applied, a summary of the results of emission monitoring which allows a comparison with the emission levels associated with the best available techniques; IPPCD Article 9 Council based on COM Proposal

19. Article 21(2) (Permit reconsideration/updating) (…) When reconsidering permit conditions, the competent authority shall use any information resulting from monitoring or inspections. COM Proposal

20. Article 3(22) (definitions) environmental inspection means all actions, including site visits, monitoring of emissions and checks of internal reports and follow-up documents, verification of self-monitoring, checking of the techniques used and adequacy of the environment management of the installation, undertaken by or on behalf of the competent authority to check and promote compliance of installations with their permit conditions and, where necessary, to monitor their environmental impact; Council / EP 1st reading (COM Proposal had definition of routine/non-routine inspection)

21. Article 23(1) Environmental inspections Member States shall set up a system of environmental inspections of installations addressing the examination of the full range of relevant environmental effects from the installations concerned. Member States shall ensure that operators afford the competent authorities all necessary assistance to enable those authorities to carry out any site visits, to take samples and to gather any information necessary for the performance of their duties for the purposes of this Directive. IPPCD Article 14COM Proposal inspired by RMCEI

22. Article 23(2)(3) Inspection plan Member States shall ensure that all installations are covered by an environmental inspection plan at national, regional or local level and shall ensure that this plan is regularly reviewed and, where appropriate, updated. Each environmental inspection plan shall include the following: (a) a general assessment of relevant significant environmental issues; (b) the geographical area covered by the inspection plan; (c) a register of the installations covered by the plan; (d) procedures for drawing up programmes for routine environmental inspections pursuant to paragraph 4; (e) procedures for non-routine environmental inspections pursuant to paragraph 5; (f) where necessary, provisions on the co-operation between different inspection authorities. COM proposal: inspired by RMCEI – fine tuned by Council

23. Article 23(4) Programmes and site visits Based on the inspection plans, the competent authority shall regularly draw up programmes for routine environmental inspections, including the frequency of site visits for different types of installations. The period between two site visits shall be based on a systematic appraisal of the environmental risks of the installations concerned and shall not exceed one year for installations posing the highest risks and three years for installations posing the lowest risks. If an inspection has identified an important case of non- compliance with the permit conditions, an additional site visit shall be carried out within six months. COM proposal inspired by RMCEI Council / EP 1st reading (amended COM Proposal) EP 2nd reading (+ Council)

24. Article 23(4)(cont.) Risk appraisal The systematic appraisal of the environmental risks shall be based on at least the following criteria: (a) the potential and actual impacts of the installations concerned on human health and the environment taking into account the levels and types of emissions, the sensitivity of the local environment and the risk of accidents; (b) the record of compliance with permit conditions; (c) the participation of the operator in the Union eco-management and audit scheme (EMAS), pursuant to Regulation (EC) No 1221/2009. The Commission may adopt guidance on the criteria for the appraisal of environmental risks. EP 1st reading + Council (COM Proposal: risk based as alternative to annual)

25. Article 23(5) Non-routine inspections Non-routine environmental inspections shall be carried out to investigate serious environmental complaints, serious environmental accidents, incidents and occurrences of non-compliance as soon as possible and, where appropriate, before the granting, reconsideration or update of a permit. COM proposal inspired by RMCEI

26. Article 23(6) Inspection report Following each site visit, the competent authority shall prepare a report describing the relevant findings regarding compliance of the installation with the permit conditions and conclusions on whether any further action is necessary. The report shall be notified to the operator concerned within two months. The report shall be made publicly available by the competent authority in accordance with Directive 2003/4/EC [public access to environmental information] within four months of the site visit taking place. Without prejudice to Article 8(2), the competent authority shall ensure that the operator takes all the necessary actions identified in the report within a reasonable period. COM proposal: inspired by RMCEI – some fine tuning by Council and EP

27. Recital 26 In order to ensure the effective implementation and enforcement of this Directive, operators should regularly report to the competent authority on compliance with permit conditions. Member States should ensure that the operator and the competent authority each take necessary measures in the event of non-compliance with this Directive and provide for a system of environmental inspections. Member States should ensure that sufficient staff are available with the skills and qualifications needed to carry out inspections effectively. EP 2nd reading

28. 28 Industrial Emissions Directive (IED) Next steps

29. Further steps OJ publication: by end 2010 IED Art. 75 Committee Transposition deadline: entry into force + 2 yrs  is date of entry into effect (applicable for new installations) Implementation deadlines for existing installations  Current IPPC activities : entry into force + 3 yrs  New Annex I activities: entry into force + 4.5 yrs  Ch. III for combustion plants under Article 30(2): 1 Jan 2016 Repeal of current Directives  IPPCD / WID / SED by entry into force IED + 3 yrs  LCPD by 1 Jan 2016

30. More information ENV.C.3 industrial emissions website http://ec.europa.eu/environment/air/pollutants/index.htm http://ec.europa.eu/environment/air/pollutants/index.htm CIRCA website on the IPPC review (study reports) http://circa.europa.eu/Public/irc/env/ippc_rev/library http://circa.europa.eu/Public/irc/env/ippc_rev/library European IPPC Bureau (BREFs) http://eippcb.jrc.es/pages/FActivities.htm http://eippcb.jrc.es/pages/FActivities.htm Overview of IED in co-decision – PreLex http://ec.europa.eu/prelex/detail_dossier_real.cfm?CL=en&DosId=1 96594 http://ec.europa.eu/prelex/detail_dossier_real.cfm?CL=en&DosId=1 96594