Subcategories Project status:
Practicability and Enforceability of the IPPC Recast Proposal
- Number: 2007/13
- Status: Finalised
- Period: 2007
- Lead Country: Netherlands
Project team countries:
Netherlands, Poland, Spain, UK and EC.
Bulgaria, Czech Republic, Denmark, Finland, France, Germany, Hungary, Italy, Latvia, Lithuania, Portugal, Slovakia and Sweden.
Extend IMPEL’s contribution in the IPPC review process by providing expertise on the Practicability and Enforceability issues linked to the Commission proposal for a revised IPPC-directive, resulting from the IPPC-review. This project was carried out by experts from IMPEL Member Countries using the IMPEL P&E checklist and the “Barriers to Good Environmental Regulation” Report, produced by the Network of Heads of European Environmental Protection Agencies. The project by no means intended to interfere with the normal European legislative procedure. With this project IMPEL only seeks to provide guidance to the co-legislators on the areas which need particular attention during the legislative process with regard to the objectives of practicability and enforceability based on the practical experiences of experts from IMPEL member countries.
The report highlights a wide range of P&E issues. The project has been careful to avoid issues of a more political nature (also of interest to IMPEL members) which should be addressed through the usual procedure of the legislators in the co-decision process.
Most IMPEL members generally stressed their positive views on the changes in the Recast Proposal affecting P&E, recognizing the work that had been undertaken to achieve this leading to the streamlining of the current pieces of legislation into a more consistent and practical legal framework on the permitting and control of industrial installations.
However, some members raised concerns over the clarity and consistency of certain new and changed terms and definitions in the Recast 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.