A new IMPEL report authored by IEEP sets out the views of IMPEL members on the proposed revision to the IPPC Directive. While there is general welcome for much of the proposal, concerns are raised over the practical consequences of changes in the role of BAT reference documents, inspections and other measures as well as the consistency of some terms.
At its plenary meeting in Ljubljana in June 2008, IMPEL adopted a report on the practicability and enforceability of the Commission’s proposals to revise the IPPC Directive and six other industrial emissions Directive. The report (funded by the Dutch Environment Ministry, VROM) was authored by Andrew Farmerof IEEP following the collection of views from IMPEL members via a questionnaire and workshop in The Hague. It builds on earlier work also undertaken by IEEP for IMPEL on developing a checklist for the examination of the practicability and enforceability of current and future environmental legislation.
Most IMPEL members generally stressed their positive views on the changes in the Proposal. However, some raised concerns over the clarity and consistency of certain new and changed terms and definitions in the Proposal. The proposed change to the status of the BAT Reference Documents raised diverging views on the way the proposed status and adoption process of the BREFs could influence the practicability and enforceability of the legislation. Some members also noted concerns on other aspects, such as the proposed requirements concerning permit reviews, monitoring and inspection, while at the same time recognizing the need for effective compliance assessment.
The aim of the report is that its findings should be considered by all of those involved in the debate on the Recast Proposal, including IMPEL, the Commission and the co-legislators, the Council and European Parliament, in order to assist in ensuring a revised regulatory regime that is practicable and enforceable.
