Assessment of the Implementation by the Member States of the IPPC Directive

1. Assessment of the Implementation by the Member States of the IPPC Directive Advisory Group Meeting Friday 13th January 2006 Mark Watson

2. Agenda • Introductions • Study objectives • Study tasks • Current project status • Overview of tasks • Role of Advisory Group • Next steps

3. Objectives • "to determine through a questionnaire and interviews with competent authorities of the Member States, and from other sources as appropriate, the number of permits already issued for new and existing (including 'substantially changed') installations in terms of the IPPC Directive, and the number that remain to be issued" • "to select and analyse specific permits granted in Member States in order to assess whether these permits have been issued in accordance with the IPPC Directive"

4. Tasks • Task 1: Monitoring of the number of IPPC permits issued and expected • Task 2: Selection of sectors and permits to be investigated • Task 3: Investigation of procedures and conditions for the permits selected • Task 4: Assessment of the actual operation of the installations selected compared to permit conditions and BAT performance • Task 5: Presentation of the results

5. Current Project Status • Task 1 • Collection of qualitative information on permit data collection process and process of monitoring implementation status of Directive to augment existing data • Telephone interview proforma (to be sent to Advisory Group representative prior to telephone interview) • Telephone interview with Advisory Group representative for each MS • MSs will NOT be asked a second time about the number of IPPC permits for existing installations • Task 2 • An agreed list of Member States • An agreed list of Sectors • A short list of specific installations • Use of transparent selection criteria • Tasks 3 & 4 • Integration of Tasks 3 and 4 due to benefits in parallel approach • Approach set out later in this presentation • Design of data collection and reporting template

6. Task 1: Qualitative information • Telephone interviews • Literature search including review of MS implementation reports to establish a framework for discussion • Qualitative information to augment existing consultation with EC covering typically aspects: • Information on permitting data collation process • Context on future plans for permitting of installations within the Directive's implementation deadline – i.e. existence of a phased approach with a specific timetable • Existence of any obligations for Operators to submit permit applications by specific dates in advance of the Directive's implementation deadline • What legislation currently regulates the activities undertaken at installations where IPPC permits have not been issued? • How similar is MS existing legislation compared to IPPC.

7. Task 2: Permit selection criteria (1) • Presentation of agreed criteria for selection of: • Member State • Balance of Northern and Southern Member States • Coverage of EU15 and New Member States • Consideration of Different Competent Authorities Involved in the Process • Presence of National Guidance for Determining BAT • National Procedures for Submitting Permits • Significance of Overall Sectoral Emissions / Discharges at a Country Level • Estimated Number of IPPC Processes • List of Member States Selected for Detailed Investigation

8. Task 2: Permit selection criteria (2) • Presentation of agreed criteria for selection of: • Sectors • Formally Adopted, Finalised and Final Draft BREF Documents • Extent of Incremental Impact of IPPC in Relation to other Environmental Policies • Coverage of Range of IPPC Processes • Comparability • General Binding Rules versus Site Specific Permits • Final Selection of Sectors for Detailed Investigation

9. Task 2: Permit selection criteria (3) • Presentation of agreed criteria for selection of: • Installations • Significance of Emissions • Use of EPER database • Availability of a Permit • Location of Installation

10. Permit Selection Matrix30 permits selected with 30 in reserve

11. Tasks 3 & 4 • Key elements • Design of data collection and reporting template • Initial contact with selected companies and competent authorities • Background research into national regulatory framework and national IPPC guidance and reporting requirements • Assessment of the actual operation of the installations selected compared to permit conditions and BAT performance • Identification of issues to discuss at face-to-face interviews • Site visits and interviews with operators and competent authorities • Further analysis • Reporting and consultation • Based on acceptance of stakeholders to collaborate

12. Expected role of Advisory Group • Knowledge of the regulatory process for telephone interviews • Views on the choice of sectors and Member States • Views on methodology for permit selection criteria • Input from Member States for the selection of installations • Support of industry and Member State Advisory Group Members for the first contact with operators and the relevant Competent Authority

13. Next key steps • Feedback on permit selection criteria from AG Members (by end January) • Initial introductory contact with AG Members (by end January) • Telephone interview proforma (to be emailed out to AG Members by end of January) • Contact with 25 MS Advisory Group members – telephone interviews (Task 1) (beginning of February) • List of sectors and selected permits across Member States (consultation of AG Members for final selection mid February) • Support of AG Members to contact Competent Authorities and relevant operators (February)