1Dieter Cohors-Fresenborg (UBA) – Green Week 2007 – IPPC session 13 June 2007

The IPPC DirectiveOn the Road to Sustainable Production

A German View

Dr. Dieter Cohors-FresenborgGerman Federal Environment Agency

Section General Aspects of Pollution Controlof Industrial Installations

Green Week Session 13 June 2007:Role of IPPC Directive to deploy

environmental technologies and promote innovation

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How to achieve a modern and effective permitting

system for industrial installations …

with a high level of envi-ronmental protection all over Europe,demanding and encour-aging innovation,regarding the different initial situations in the MS?

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Overview

IPPC Directive: New Vision, New ConceptGerman Approach and Experiences Imple-menting IPPCDDrivers for the Diffusion of Innovative TechnologiesIncentives to Promote InnovationConclusions

The German Two-Column-Approach

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IPPC Directive:New Vision

Council Directive 96/61/EC concerning integrated pollution prevention and control

Vision: Sustainable ProductionThe path is the destination!

It is the first time: that this vision is codified for industrial instal-lations in an EC Directive regulation;that emission control based on Best Available Techniques (BAT) as precautionary principle became compulsory for European MS.

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Chances of the New Concept of the IPPCD are e.g.:

Harmonization of more ambitious emission limiting requirements within the EU (com-pared to the past)Easier update according to innovation and development of BATStrengthening of the international compet-itiveness and fitness for the future of the European industry Thus supporting a level playing field

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German Approach and Experiences Implementing IPPCD

Germany has been using a permitting system for decades covering similar re-quirements as the IPPCD based on

national general binding rules for the emission control requirements, which are valid for many more sectors and often at lower threshold values compared to the IPPCD.

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German Approach and Experiences Implementing IPPCD

The German system is based on a two-columns-approach, both of which have to be regarded independently:

Precautionary principle implemented by prevention or control of emissions based on BAT

andProtection against any hazards imple-mented by national environmental quality standards or comparable requirements

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Innovation as Driver for Sustainable Development

German Presidency is calling for a “3rd

industrial revolution” and the develop-ment of a new “intelligent ecological-industrial regulatory framework”Environment – Innovation – EmploymentConcerning IPPCD, this could mean e.g.:

EU as forerunner on the road to sustain-able productionIPPCD and BREFs as important “inter-national export“ of the EU

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Ambitious GBR Promote Diffu-sion of Innovative Technologies

Environmental regulation is a decisive driver for innovative technologies.

The German national legislations sets high environmental standards for installa-tions (via general binding rules, GBR) .

Strong competent authorities, efficient enforcement rules, and public interestInformation on innovative technologiesAs a consequence:Germany is the EU greatest exporter of (environmental) technologies.

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German Incentives to Promote Innovation

The German permitting system is sup-ported by many additional incentives in order to promote the development of BAT and to go beyond regulatory compli-ance – e.g.:

Research and development programmes supporting environmental innovation Financial incentives like waste water levyIncentives for EMAS certified installationsAmbitious environmental quality stan-dards

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Possibilities to Promote Innovation on EU Level

Enforcement of the ambitious implemen-tation of the IPPCD and of the BREFs in all MS

As a consequence BAT should be applied by all installations as basic requirements.Local environmental conditions should only allow to imply stricter requirements than BAT to meet environmental quality standards, however not to weaken BAT requirements

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Possibilities to Promote Innovation on EU Level

Improvement of the Seville Process:Improvement of the participation of the MS and industry Improvement of the BREFs in the review processAgreement on ambitious BAT conclusions and their regular updateMore emphasis on “emerging techniques”in the BREFs

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Possibilities to Promote Innovation on EU Level

Support research and development of future BAT also on EU levelIndustrial first movers can use their advan-tage and promote the European and inter-national development.However: do not weaken the IPPCD

e.g.: no temporary derogation from BAT requirements for testing new techniques

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Conclusions

The IPPCD offers new and promising op-portunities for environment and industry and encourages technological innovation.The actual task is to protect the main goals and instruments of the IPPCD and espe-cially to bring them effectively into force.We have to assess whether the IPPCD did and will substantially contribute to the en-vironmental aims and needs of the EU.

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Conclusions

The ambitious implementation of the IPPCD and the BREFs in the MS is a deci-sive touchstone for the effectiveness and success of the IPPCD.This is the responsibility of national autho-rities, industries, green NGOs, and public.The results of the review of the BREFs will decide on the future relevance of the IPPCD.

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Thank you foryour attention!

Contact:

Dr. Dieter Cohors-FresenborgGerman Federal Environment Agency (Umweltbundesamt)Section III 2.1 General Aspects of Pollution ControlWörlitzer Platz 1D-06844 DessauTel.: +49 340 2103 3233E-mail: dieter.cohors-fresenborg@uba.deFurther information: www.bvt.umweltbundesamt.de

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Additional Information …

Concerning the German Implementation of the IPPCD

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German Two-Columns-ApproachI

Germany uses a permitting system for de-cades covering similar requirements as the IPPCD. This system is based on a two-columns-approach: 1)Protection against any hazards, significant

disadvantages and significant nuisances caused in any other way

Implemented by national environmental quality standards or comparable require-mentsTo be regarded by all installations

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German Two-Columns-ApproachII

2)Precautionary principleImplemented by prevention or control of emissions based on BATBAT is to be regarded by all installations subjected to licensing (> 70000 installa-tions in D, many more types than IPPCD).BAT is also to be considered by in-stallations not subjected to licensing.The concrete emission control require-ments are regulated in the national legis-lation: General Binding RulesSupported by additional instruments

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Philosophy of the Two-Columns-Approach - I

Based on the vision of sustainable productionBoth columns have independently to be regarded:

Therefore: no allowance to lower emission standards in areas of relatively good en-vironmental conditions.Local aspects may only be used to impose stricter emission requirements compared to BAT (if the installation is a main polluter).

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Philosophy of the Two-Columns-Approach - II

Equal treatment of similar installations (type of installations, sector); BAT may be different for new and existing installations.

Similar economic situation for the installa-tions of a sectorComparable situation throughout GermanyAvoiding “ecodumping” within GermanyModernisation of old installations results in strong impulses for a modern and economi-cally competitive industry.

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Philosophy of the Two-Columns-Approach - III

Supporting of the first mover advantageSupporting development of demanding BAT standards

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National General Binding Rules for Emission Control

General Binding Rules result in i.a.: Similar treatment of similar installationsLegal reliability for operatorsPlanning reliability for operatorsAcceleration of permitting procedureTransparency for industry and publicModernisation pressure on old installationsNo technical problems with the parallel im-plementation of IPPC and sector Directives

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Conclusions

The two-columns-approach in combination with national general binding rules for the emission control requirements are a story of success in both directions:

with regard to the protection of the environment

as well as with regard to the competitiveness of the industry.