Integrated and Planned Enforcement of Environmental Law Phare

Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ 03/IB/EN/01 The IPPC Directive Introduction to the philosophy Rob Kramers Senior advisor Info. Mil 1

Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ 03/IB/EN/01 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 2

Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ 03/IB/EN/01 IPPC Directive • 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 3

Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ 03/IB/EN/01 IPPC General Principles • Prevention against pollution by integrated permitting (to air, land water) • Using BAT (Best Available Techniques) • Waste management (avoiding, recovering or safely disposed) • Efficient use of energy • Accident prevention • Site restoration 4

Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ 03/IB/EN/01 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 5

Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ 03/IB/EN/01 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 6

Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ 03/IB/EN/01 “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’? 7

Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ 03/IB/EN/01 “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) 8

Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ 03/IB/EN/01 Questions 9

Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ 03/IB/EN/01 Adoption of IPPC Communication MS implementation reports to be submitted Commission reports on implementation of Directive June 2003 Jan 2003 Sep 2003 June 2004 May 2004 Enlargement Sep 2006 Jan 2005 Amendment allowing greenhouse gas emission trading comes in effect June 2005 Jun 2007 Dec 2005 Amendment strengthening public participation comes in effect Oct 2007 First edition of all BREFs should be ready Latest compliance date for existing installations 10

Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ 03/IB/EN/01 IPPC acronyms! • • IPPC: BAT: BREF: ELV: Integrated Pollution Prevention and Control Best Available Techniques (# technologies) Bat Reference Notes Emission Limit Value 11

Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ 03/IB/EN/01 Economic criteria for BAT decisions • • • Market structure Industry structure Resilience of the sector BAT costs as a percentage of total costs Speed of implementation 12

Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ 03/IB/EN/01 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 13