Views, perspectives and policy considerations

1

• Views, perspectives and policy considerations
• J. Diaz del Castillo and M. Gislev
• European Commission
• Environment Directorate-General

2
EMAS meaning under the 6thEAP

• Improving the implementation of existing
  legislation
• Working in partnership with Business

3
Attraction of EMAS

• Participants
• Policy makers
• Enforcement authorities
• Market
• Public and consumers

4
The legal issue (1)

• Article 3.2 (a) of EMAS Regulation - Legal
  compliance
• Annex I (B) - Reinforcement of legal compliance
• Annex V (point 5.4.3.) - Duty of the verifier

5
The legal issue (2)
Avoiding duplication of implementation
enforcement efforts

• Legal base Article 10.2 of the EMAS Regulation

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Policy related (1)

• Integrated Pollution Prevention and Control
• Integrated Product Policy
• Public Procurement

7
Policy related (2)

• Energy Using Product Directive
• Corporate Social Responsibility
• Emission Trading Scheme Directive
• EMAS Energy Efficiency Guidelines

8
Links to IPPC (1)
Three cases

• Mandatory requirement
• Flexible implementation
• Not an issue for the EU

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Links to IPPC (2)
Mandatory requirements, e.g.

• Possession of a permit
• Certain procedures to obtain the permit
• Conditions for all emissions emitted in
  significant quantities
• Conditions based on BAT

10
Links to IPPC (3)
Flexible implementation e.g.

• Permit review frequency
• Monitoring intensity
• Reporting intensity
• Inspection intensity

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Links to IPPC (4)
Not an issue for the EU, e.g.

• Discounts on permit charges

12
EMS and BAT (1)

• Is having an environmental management system BAT?
• BREF standard text (Nov. 2002)
• BAT also applies to EMSs
• An EMS can have different features
• Some of these features are generally BAT
• Others are not generally BAT but are supporting
  BAT

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BREF EMS text (1)

• Features that are generally BAT

• Environmental policy
• Planning and procedures
• Implementation
• Checking/auditing
• Review

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BREF EMS text (2)

• Features that are supporting measures

• External verification
• Environmental statement
• EMAS or ISO 14001 registration / certification
• Credibility issue, but non-standardised systems
  can in principle be equally effective

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Questions for the Workshop
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Key questions (1)

• Do Member States make enough use of the
  flexibility under the IPPC Directive (Solvents
  Directive, Seveso Directive etc.)?
• Is the IPPC Directive (etc.) flexible enough?
• What evidence of environmental performance does
  the authority need?

17
Key questions (2)

• Which type(s) of simplification (regulatory
  relief) is most justified?
• Effects on transparency? (Aarhus Convention)
• Should/will IPPC authorities not grant a permit
  unless there is an EMS?