Memorandum to Czech Presidency and Ten Test - EEB

EEB Memorandum to the Czech EU Presidency7.4. Implement a Coherent Framework for Industrial Pollution Preventionand Control, Including The Review of The IPPC DirectiveThe Commission proposal for a recast of Directive 96/61/EC on IntegratedPollution Prevention and Control (IPPC) was published on 21 December 2007.The critical role of the recast in filling existing gaps in the current IPPC Directiveand the fierce controversy surrounding the proposal demand firm leadership fromthe Presidency on a number of key issues.First, in order to protect key safety nets in the IPPC Directive, it is vital for allactors to respect the constraints of the recasting technique. This implies thatwhen developing a Common Position on IPPC, the Presidency must ensure thatCouncil’s amendments are restricted to those provisions opened in theCommission’s proposal.The Commission proposal will integrate six sectoral directives under theproposed IPPC recast, including the Directives on Waste Incineration, LargeCombustion Plants, Solvent Emissions, and three Directives on Titanium Dioxide.These sectoral directives include mandatory Emission Limit Values (ELVs) thatensure that relevant installations do not emit above a certain threshold. EEBconsiders it critical that these ELVs are not eroded but rather that they aretightened to reflect the lowest emission levels achievable through the applicationof BAT.EEB believes that in order to ensure a level playing field, competent authoritiesmust be legally obliged to refer to the BAT listed in the BAT ReferenceDocuments (BREF) and impose permit conditions that reflect emission limitvalues associated with the BAT. BAT reflects a dynamic concept and as such theBREFs are reviewed approximately every six years. Permit conditions must alsobe reviewed in a timely manner as BAT evolves and better environmentalperformance becomes fully feasible. In the Czech Republic the obligation is toupdate every 8 years.IPPC affects about 50,000 industrial installations in the EU and was due to befully implemented by 30 October 2007. However, several Member States havefailed to achieve full implementation, with up to 50% of IPPC installations in someMember States operating under permits from preceding legislation. It is criticalthat the Commission is supported in its efforts to increase the capacity ofcompetent authorities to deliver IPPC permits and perform appropriateinspections, in order to address this implementation deficit. The strengthening ofthe dynamic BAT concept of IPPC striving for continuous improvements ofenvironmental performance for the industrial sector needs to be supported. Earlyand active involvement from different Member States with ambitious objectives toprevent pollution from industrial activities can considerably speed up the29