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MEPs agree tighter rules on industrial pollution

Published 05 May 2010 - Updated 07 May 2010
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MEPs yesterday (4 May) agreed to strengthen legislative proposals to limit industrial air pollution by allowing for more limited derogations than EU governments had demanded.

The European Parliament's environment committee was voting on a proposal to recast the Integrated Pollution Prevention and Control (IPPC) Directive, which combines seven existing directives into a single directive on industrial emissions (IED).

The proposal seeks to reinforce the implementation of the legislation, which obliges industrial installations to obtain permits from national authorities to release pollutants into the air, soil and water.

MEPs strengthened the proposal by limiting the instances where public authorities can issue permits for installations that do not follow best available techniques (BATs).

The committee added new text to clarify the conditions under which national authorities can set limits on emissions that are not as strict as those associated with BATs. It states that derogations are not allowed "where environmental quality standards risk not being met and shall in any case ensure that any deviation does not result in significant impacts on the local environment".

MEPs decided to limit derogations to cases where assessments have demonstrated that the geographical location or local environmental conditions of an installation prevent the implementation of BATs, or where the technical characteristics of an installation would create disproportional economic costs compared to environmental advantages.

The committee also agreed to allow member states to give their large combustion plants until mid-2019 to meet emission limit values. This goes some way to appeasing governments that had demanded an extension until the end of 2020 (EurActiv 26/06/09).

Commission to assess need for minimum limits

The environment committee abandoned a controversial proposal to introduce EU-wide minimum requirements for emission limits after member states had made clear this would not be acceptable (EurActiv 19/03/10).

Instead, the new text would require the Commission to assess the need for EU-wide minimum limit values for individual industry sectors and to table legislative proposals if necessary. Assessments would be based on a sector's overall environmental impact and the state of the implementation of best available techniques.

The European Parliament as a whole is scheduled to vote on the amended text in July.

Member states missing pollution limits

The vote came as the European Environment Agency (EEA) reported that around half of EU member states will miss at least one of their air pollutant emission limits under the National Emissions Ceilings (NEC) Directive. Moreover, 11 countries expect to exceed their ceilings "by significant amounts," it said.

Rather than limiting pollution from individual sources like the IPPC directive, the law sets national limits for four pollutants.

The new data compiled by the EEA shows that nitrogen oxide (NOx) presents the biggest problem, as only 16 countries said they expected to meet their limits. This is mostly down to growth in the transport sector, where vehicle emissions standards have failed to deliver the required NOx reductions, the organisation said.

Positions: 

German liberal MEP Holger Krahmer (ALDE), the European Parliament's rapporteur on the dossier, called the vote a "partial success".

"In exceptional cases regarding the authorisation of industrial plants, authorities in member states are allowed to digress from the latest technologies available. These specific regulations for those exceptional cases have been tightened," he said.

Krahmer said there was room for improvement on the time limits for the implementation of the directive for large combustion plants, arguing that member states are getting more time than they need. He argued that only investment in best available techniques brings competitiveness, contrary to claims made by many countries that it is too expensive.

MEP Bas Eickhout (Greens, Netherlands) was pleased with the vote, which he argued will make the air cleaner while giving the eco-industry a boost.

"I am also very pleased to see that member states can set CO2 emission performance standards on power stations. The Council position prohibited this, even though such a move would clearly contribute to achieving the climate policy objectives for 2020 and beyond. While we lost the case to introduce these CO2 standards on a European level, member states are now allowed to introduce them at national level," he added.

The Confederation of British Industry (CBI) warned that the environment committee's proposal to extend compliance time limits does not go far enough, arguing that energy generators will need until 2021 to build other low-carbon sources to replace lost capacity.

"There is a risk that the UK will not be able to build other low-carbon energy sources in time to replace lost capacity. A phased introduction for this directive would allow the UK to make a smoother transition to a more balanced energy mix. This also has the backing of the majority of EU member states," said Sean McGuire, director of CBI Brussels.

"We also believe that the current flexible risk-based approach should remain the basis for meeting air pollution targets, rather than the one-size-fits-all Europe-wide approach under consideration," he added.

The European Chemical Industry Council (Cefic) argued that the Industrial Emissions Directive needs to allow for flexibility based on environmental and technical as well as economic assessments.

"In that respect, local competent authorities are best placed to implement and use, in a transparent and public way, the provisions of the IED to take into account these local variations," it said.

Next steps: 
  •  July: Plenary vote.
Background: 

The 1996 Directive on Integrated Pollution Prevention and Control (IPPC) introduced a permit system to prevent and limit pollution from large-scale industrial installations. Sectors covered include everything from metals, chemicals and paper to processed food, oil refineries and large-scale pig and poultry farms.

Permits are issued by the competent authorities in member states and require industrial operators to apply Best Available Techniques (BATs), considered the most cost-effective means of achieving a high level of environmental protection.

Based on the BATs, which are set at EU level, the permits include precise limit values for atmospheric pollutants that cause acid rain and smog, such as sulphur dioxide (SO2), nitrogen oxides (NOx), volatile organic compounds (VOCs) and dust.

The European Commission initiated an overhaul of the directive in 2007, in order to address abuses of the flexibility mechanisms built in. It proposed to recast seven existing air pollution directives into a single law.

On 10 March 2009, the European Parliament adopted a first-reading position on the new law. MEPs called for a 'European safety net' involving legally-binding minimum emission limit values not to be exceeded by any installation in order to avoid widespread exemptions (EurActiv 11/03/09).

On 25 June 2009, EU environment ministers reached a political agreement, giving national authorities a transition period for implementing national ceilings for NOx, SO2 and dust (EurActiv 26/06/09). 

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