91999E1866

WRITTEN QUESTION E-1866/99

by Cristina García-Orcoyen Tormo (PPE-DE) to the Commission

(14 October 1999)

Subject: Directive 96/61 on integrated pollution prevention and control

1. What is the situation concerning incorporation of Directive 96/61(1) in the Member States?

2. Is the agreed timetable being respected? What means are being used to identify the best available techniques referred to?

3. What are the next targets for improving compliance with the principles of Directive 96/61?

(1) OJ L 257, 10.10.1996, p. 26.

Answer given by Mrs Wallström on behalf of the Commission

(22 November 1999)

The deadline for the transposition of Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control (IPPC Directive) has just expired (30 October 1999). At present some Member States have communicated national implementing measures to the Commission, others not. Among the measures there is more or less complete legislation as well as legislation which apparently needs still to be amended or completed. Some Member States are in the course of adoption or publication of their legislation.

The Commission will open infringement proceedings under Article 226 (ex-Article 169) of the EC Treaty for non-communication against those Member States which have not communicated their national implementing measures. The Commission also has the possibility to open proceedings for non-conformity, at a later stage, if necessary to ensure full application of the IPPC Directive.

Article 11 of the IPPC Directive clearly requires the Member States to ensure that their authorities follow or are informed of developments in best available techniques (BAT). In parallel, the Commission has to organise an exchange of information between Member States and the industries concerned on best available techniques, associated monitoring and developments in them. This information exchange is under way, and will result in the issuing of reference documents describing, in a general sense, the best available techniques for each of the sectors covered by the IPPC Directive. The emission levels and techniques mentioned in these BAT reference documents (BREFs) will not have a legally binding character, but are intended to provide guidance for bodies involved in the identification of BAT. The information contained therein must be taken into account, in accordance with Annex IV of the IPPC Directive, when determining best available techniques generally or in specific cases.

The IPPC Directive is based on the concept that both the operators of industrial installations and their regulators should have an integrated view of the different environmental impacts of the installation before making decisions on how it should be designed, built and operated. Such an integrated approach should avoid the shifting of pollution between various environmental media. However, the IPPC approach will only be successful if it forms part of a comprehensive and ambitious environmental policy that adequately addresses all the key environmental concerns.