Annexes to COM(2005)540 - Report of the Commission on the implementation of Directive 96/61/EC concerning integrated pollution prevention and control - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2005)540 - Report of the Commission on the implementation of Directive 96/61/EC concerning integrated pollution prevention and control. |
|---|---|
| document | COM(2005)540  |
| date | November 3, 2005 |
The Commission has also identified the need to technically review the IPPC Directive to clarify certain ambiguities and ensure better regulation. In addition, the development of Thematic Strategies as part of the Sixth Environmental Action Programme[15] has highlighted that the IPPC Directive represents an important potential contribution to these initiatives, and possible amendments to the Directive (in particular as regards its scope) are also being considered in this context.
Action 6. Assessment of ways to streamline existing legislation on industrial emissions in the context of Better Regulation
The consultation launched in 2003 through the Communication on implementation of the IPPC Directive, as well as discussions in the Council (in particular in the context of the Legislative Simplification Exercise[16]) and the recent Commission Communication “Better Regulation for Growth and Jobs in the European Union”[17], all point to a need to review the interaction of the IPPC Directive with other pieces of legislation. This issue was also specifically addressed in reports published by the European Union Network for the Implementation and Enforcement of Environmental Law (IMPEL)[18].
In the context of the review of the IPPC Directive, the Commission is therefore assessing ways to streamlining existing legislation on industrial emissions (the IPPC Directive and relevant sectoral legislation, such as the Directives on large combustion plants, waste incineration and the use of organic solvents[19]).
Action 7. Assessment of the use of possible market-based instruments and other incentives
The IPPC Directive is based on a dynamic concept in view of the definition of BAT. However, in practice, once an IPPC permit has been issued, and depending on the approach taken by the relevant competent authority, operators may take a minimal and static approach to ensuring that the conditions of the permit are complied with in a strict sense.
The Commission is therefore assessing, in the context of the review of the IPPC Directive, the development of incentives, for example through market-based instruments (e.g. emission trading schemes, taxes and charges), to encourage operators to go beyond regulatory requirements imposed under the IPPC Directive and to support innovative environmental technologies.
CONCLUDING REMARKS
The IPPC review will proceed through 2006 and will be concluded in 2007 by a Commission Communication accompanied by a legislative proposal if appropriate. The Commission is creating an Advisory Group on the IPPC Review to ensure a consultation and close dialogue with Member States and other stakeholders. A Public Hearing will also be organised in 2006.
The review will evaluate the scope to improve the functioning of the Directive, together with other industrial emissions-related legislation, while not altering its main underlying principles and level of ambition. However, this should not distract Member States from a proper and timely implementation of the Directive. In particular, Member States’ first priority should remain the full implementation of the Directive by 30 October 2007.
[1] OJ L 257, 10.10.1996, p. 26
[2] Commission Decision of 31 May 1999 concerning the questionnaire relating to Council Directive 96/61/EC concerning integrated pollution prevention and control, OJ L 148, 15.6.1999, p. 39
[3] “Analysis of Member States’ first implementation reports on the IPPC Directive”, LDK-ECO, June 2004, see http://europa.eu.int/comm/environment/ippc/ippc_ms_implementation.htm#ImplementationReps
[4] COM(2003) 354 final, On the Road to Sustainable Production, Progress in implementing Council Directive 96/61/EC concerning integrated pollution prevention and control
[5] C-78/04 Commission / Austria (Judgment of 18.11.2004, OJ C 6 of 08.01.2005 p.18)
[6] C-235/02 Prejudicial ruling (Order of 25.01.2004, OJ C 94 of 17.04.04 p. 13)
[7] L 158 , 23/06/1990, p. 56
[8] OJ L 309, 27.11.2001, p. 1
[9] OJ L 332, 28.12.2000, p. 91
[10] For more information on the consultation, see http://europa.eu.int/comm/environment/ippc/ippc_ms_implementation.htm#CommCommunication
[11] Decision 2000/479/EC; OJ L 192, 28.07.2000, see www.eper.cec.eu.int
[12] See EPER Review Report http://www.eper.cec.eu.int/eper/documents/EPER%20Review%20report,%20final.pdf
[13] C-364/03 Commission / Greece (Judgement of 07.07.2005, OJ C 217 of 03.09.05 p. 9)
[14] OJ 1984 L 188, p. 20
[15] Decision 1600/2002/EC laying down the Sixth Community Environment Action Programme; OJ L 242, 10.09.2002, p. 1
[16] See for example the conclusions of the European Council of 23 March 2005, http://ue.eu.int/ueDocs/cms_Data/docs/pressdata/en/ec/84335.pdf
[17] COM (2005) 97 final, 16.3.2005
[18] See http://europa.eu.int/comm/environment/impel/
[19] Council Directive 1999/13/EC of 11 March 1999 on the limitation of emissions of volatile organic compounds due to the use of organic solvents in certain activities and installations; OJ L 85, 29.3.1999, p. 1.