1. European Commission - Environment Directorate-General Magnus.Gislev@cec.eu.int, 8 June 2004 Trends and experience so far in implementing the IPPC Directive in the old and new Member States Magnus Gislev European Commission Environment Directorate-General (Internet: http://europa.eu.int/comm/environment/ippc/index.htm)

2. European Commission - Environment Directorate-General Magnus.Gislev@cec.eu.int, 8 June 2004 Contents of the presentation 1.Experience in EU-15 2.First Experience in new Member States 3.Ideas for future

3. European Commission - Environment Directorate-General Magnus.Gislev@cec.eu.int, 8 June 2004 IPPC Timetable (1) September 1993 October 2007 September 1996October 1999 Commission proposal for IPPC Directive Adoption of IPPC Directive applies to all new installations Latest date for existing installations Dec 2005 First edition of all BREFs should be ready EU ENLARGEMENT May 2004

4. European Commission - Environment Directorate-General Magnus.Gislev@cec.eu.int, 8 June 2004 May 2004 IPPC Timetable (2) Jan 2003 Oct 2007 June 2003Sep 2006June 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 2004Sep 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

5. European Commission - Environment Directorate-General Magnus.Gislev@cec.eu.int, 8 June 2004 Implementation of IPPC I P C P

6. European Commission - Environment Directorate-General Magnus.Gislev@cec.eu.int, 8 June 2004 June ’03 Communication on IPPC l stress the importance of IPPC l insufficient progress l key interpretation issues l launch consultation Why a Communication?

7. European Commission - Environment Directorate-General Magnus.Gislev@cec.eu.int, 8 June 2004 Implementation problems l How do you reach a high level of technical competence among the staff ? l How do you determine the borders of an installation ? l When should a change be considered as “substantial” ? l How do you co-operate with other countries in case of transboundary pollution ? l What is meant by “return the site to a satisfactory state” ? l How do you write conditions for accidents ? l How do you write conditions for waste minimization ? l How do you write conditions for energy efficiency measures ? l When should companies that exceed their limit values be prosecuted ? l How should inspections be carried out and what kind of information should be included in monitoring reports ? The EU countries have identified numerous challenges such as...

8. European Commission - Environment Directorate-General Magnus.Gislev@cec.eu.int, 8 June 2004 EU activities l Implementation reports (2003, 2006, …) l Implementation studies (2001, …?) l IMPEL 1 Network The implementation of the IPPC Directive is promoted and checked through … (1) IMPEL = The European Union Network for the Implementation and Enforcement of Environmental Law (informal network of the environmental authorities of the Member States of the European Union)

9. European Commission - Environment Directorate-General Magnus.Gislev@cec.eu.int, 8 June 2004 Sevilla Process EIPPCB NGOExpert(s) Governmentexperts Industryexperts

10. European Commission - Environment Directorate-General Magnus.Gislev@cec.eu.int, 8 June 2004 IPPC in EU-15 l Non-communication Most MS late l Non-conformity Disappointing quality of transposing legislation Open cases: Sweden, Austria, Denmark, Netherlands, Germany, Ireland, Italy, France l Bad application A few cases being investigated

11. European Commission - Environment Directorate-General Magnus.Gislev@cec.eu.int, 8 June 2004 The first questionnaire Commission Decision of 31 May 1999 concerning the questionnaire relating to Council Directive 96/61/EC Covers the years 2000, 2001 and 2002 List of all new and existing IPPC installations requested Questions regarding all major provisions of the Directive Questions about plans for permitting existing installations Overall evaluation of the effectiveness of the IPPC Directive, particularly in comparison with other Community environmental instruments

12. European Commission - Environment Directorate-General Magnus.Gislev@cec.eu.int, 8 June 2004 Number of installations See appendix In total some 44000 installations in EU-15 From 30 in Luxembourg to 8842 in Italy

13. European Commission - Environment Directorate-General Magnus.Gislev@cec.eu.int, 8 June 2004 The first national reports (1) Some preliminary conclusions: Directive has been adequately transposed in most Member States Implementation has been slow in some of them, particularly in those without prior experience in integrated environmental permitting

14. European Commission - Environment Directorate-General Magnus.Gislev@cec.eu.int, 8 June 2004 The first national reports (2) Problems common to several Member States: Legal requirements on reconsideration and updating of permits Disproportionate number of applications may have to be be filed immediately prior to the October 2007 deadline No transboundary cooperation in permit procedures No cases of stricter limits due to quality standards

15. European Commission - Environment Directorate-General Magnus.Gislev@cec.eu.int, 8 June 2004 Setting limits Flexible BAT Minimum ELVsEQS ELVs = Emission Limit Values BAT = Best Available Techniques EQS = Environmental Quality Standards

16. European Commission - Environment Directorate-General Magnus.Gislev@cec.eu.int, 8 June 2004 The first national reports (3) Views on IPPC: Effective tool in combating pollution by industrial installations Administrative simplification Fosters dialogue between the authorities and industry Flexibility allowed in the actual implementation Wish for greater uniformity and technical coherence with other EU legislation

17. European Commission - Environment Directorate-General Magnus.Gislev@cec.eu.int, 8 June 2004 IMPEL projects Some IPPC related IMPEL projects: Interrelationship of different instruments (IPPC, EIA, SEVESO, EMAS) General binding rules Best practice in compliance monitoring Changes in Industrial Operations Compliance and enforcement in the food production/processing industry Energy efficiency in environmental permits Lessons learned from accidents Waste related conditions in environmental permits Electronic reporting initiatives in IPPC implementation REMAS project (environmental management systems) For further information, visit http://europa.eu.int/comm/environment/impel/workprog.htm

18. European Commission - Environment Directorate-General Magnus.Gislev@cec.eu.int, 8 June 2004 IPPC in new Member States l Many partnerships between old Member State authorities and new Member State authorities l No transition periods for new installations l Limited extra transition periods for existing installations (in Slovenia, Latvia, Slovakia, Poland)

19. European Commission - Environment Directorate-General Magnus.Gislev@cec.eu.int, 8 June 2004 7th Progress Monitoring report l Transposition completed or almost completed l Amendments not yet transposed l In many countries practical implementation has hardly started l Some countries failed to meet the 1 May deadline for old-new installations l Report recommends more resources for implementation in most countries

20. European Commission - Environment Directorate-General Magnus.Gislev@cec.eu.int, 8 June 2004 IPPC beyond 2007 l No more changes before October 2007 l No radical changes to be proposed in 2005 l Thematic strategies and other EU policies l Annex I clarifications and modifications l Environmental Technologies Action Plan l ENAP project – further flexibility? l Various “clarifications” (definitions, permit review frequency, monitoring reports, inspections, EPER, status of BREFs, …)

21. European Commission - Environment Directorate-General Magnus.Gislev@cec.eu.int, 8 June 2004 Policy links l Thematic strategies - marine environment - soil protection - air pollution (CAFÉ) - recycling - sustainable resource use l ECCP, chemicals policy, dioxin strategy, mercury strategy, water framework dir.,... l UNEP 10-year framework for programmes on sustainable consumption and production

22. European Commission - Environment Directorate-General Magnus.Gislev@cec.eu.int, 8 June 2004 Activities covered l Energy industries l Production and processing of metals l Mineral industry l Chemical industry l Waste management l Other activities u Production of pulp and paper u Pre-treatment of textiles u Tanning of hides u Slaughterhouses and processing of food products u Disposal of animal waste u Rearing of poultry or pigs u Printing, coating, degreasing, waterproofing etc. u Production of carbon or electrographite Annex I: CATEGORIES OF INDUSTRIAL ACTIVITIES

23. European Commission - Environment Directorate-General Magnus.Gislev@cec.eu.int, 8 June 2004 Compliance check Permit

24. European Commission - Environment Directorate-General Magnus.Gislev@cec.eu.int, 8 June 2004 Trends and experience so far in implementing the IPPC Directive in the old and new Member States Magnus Gislev European Commission Environment Directorate-General (Internet: http://europa.eu.int/comm/environment/ippc/index.htm)