Explanatory Memorandum to COM(2015)284 - Exercise of the power to adopt delegated acts conferred on the Commission pursuant to the directive on industrial emissions (integrated pollution prevention and control)

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dossier COM(2015)284 - Exercise of the power to adopt delegated acts conferred on the Commission pursuant to the directive on industrial emissions ...
source COM(2015)284 EN
date 12-06-2015
EUROPEAN COMMISSION

Brussels, 12.6.2015

COM(2015) 284 final

REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL

on the exercise of the power to adopt delegated acts conferred on the Commission pursuant to Directive 2010/75/EU on industrial emissions (integrated pollution prevention and control)


REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the exercise of the power to adopt delegated acts conferred on the Commission pursuant to Directive 2010/75/EU on industrial emissions (integrated pollution prevention and control)

1. INTRODUCTION

Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) 1 seeks to prevent and control air, water and soil pollution caused by emissions from industrial installations.

This directive empowers the Commission to adopt delegated acts in view of setting a date from which continuous measurements of emissions into the air of certain pollutants are to be carried out, as well as to adapt several emission monitoring and compliance assessment methods referred to in its Annexes, to scientific and technical progress.

2. LEGAL BASIS

This report is required under Article 76(1) of Directive 2010/75/EU. Pursuant to this provision, the power to adopt delegated acts is conferred on the Commission for a period of five years from 6 January 2011 and the Commission is required to prepare a report in respect of the delegation of power, at the latest 6 months before the end of the five-year period. The delegation of power shall be automatically extended for periods of an identical duration, unless the European Parliament or the Council revokes it in accordance with Article 77.

3. EXERCISE OF THE DELEGATION

The exercise of the empowerment was deemed necessary for complementing or adapting several provisions foreseen by the Directive.

Measurement techniques and standards for continuous measurements of emissions into the air of certain pollutants as required under Article 48 are under development. Therefore, the Commission has not yet adopted a delegated act to set a date from which the continuous measurements of the relevant emissions are to be carried out.

Parts 3 and 4 of Annex V, Parts 2, 6, 7 and 8 of Annex VI and Parts 5, 6, 7 and 8 of Annex VII concern emission monitoring methods and methods for assessing compliance with emission limit values. In the absence of scientific or technical progress related to these methods, the Commission has not adopted delegated acts in view of adapting the relevant Parts of Annexes V, VI or VII of Directive 2010/75/EU.

4. CONCLUSION

The Commission has, over the past five years, not exercised the delegated powers conferred to it under Directive 2010/75/EU. It invites the European Parliament and the Council to take note of this report.

(1)

OJ L334, 17.12.2010, p. 17