91998E1409

WRITTEN QUESTION E-1409/98

by Ursula Schleicher (PPE) to the Commission

(11 May 1998)

Subject: Transposition of the IPPC Directive

The IPPC Directive (96/61/EC) of 24 September 1996(1) must be transposed into the national law of the Member States of the European Union by 30 October 1999. A crucial element of that Directive is the principle of the "best available techniques" (BATs). As far as I am aware, the European IPPC Office in Seville is to draw up a definition of BATs, provide the relevant documentary evidence for that definition and publish its content.

The IPPC Directive cannot be properly applied in the Member States until the definition of BATs is available.

What progress on this issue has the European IPPC Office in Seville made to date, and when may we expect the definition of BATs to be published?

Answer given by Mrs Bjerregaard on behalf of the Commission

(19 June 1998)

The deadline for transposition into national legislation of Council Directive 96/61/EC concerning integrated pollution prevention and control (IPPC) is indeed 30 October 1999, and the principle of "best available techniques" (BAT) is a crucial element. It is not true, however, that the European IPPC bureau in Seville is to draw up a definition of BAT.

The term "best available techniques" is comprehensively defined in Article 2(11) of the Directive, and only this definition is valid for determining the legal obligations introduced by the Directive.

The European IPPC bureau in Seville does have a role in the information exchange on BAT organised by the Commission pursuant to Article 16(2), which will result in the publication by the Commission of BAT reference documents (BREFs). These documents, however, have no legal status except insofar that the information they contain must be taken into account when determining best available techniques in accordance with Annex IV of the Directive.

The intention is to produce BREFs covering all IPPC sectors by the year 2002. The first BREFs are expected to appear early in 1999.

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