FEAD ANNUAL CONFERENCE 2008

Future Challenges for the Waste Management Industry

Paris, 19 September 2008

The proposal for a Directive on Industrial Emissions (IED)

and its impact on the European waste management business

Carlo Noto La Diega, FISE President, FEAD Vice-President

OverviewOverview

Consultation process and stakeholder involvement Re-cast procedure Scope of the proposed directive Sevilla process - integrated approach Making BREFs binding and planning reliability for

investments ELVs vs. BATAELs Integration of the Waste Incineration Directive (WID) Comitology Provisions on site-closure and remediation Access to information Cutting “red-tape”

1

Consultation process and Consultation process and stakeholder involvementstakeholder involvement

FEAD feels strongly that the consultation procedure on the IPPC review did not allow an adequate exchange

FEAD would have preferred a proper assessment of the existing IPPC directive

until 2010 instead of proposing IED in 2007

Deadline for implementation of the current IPPC Directive for existing

installation was just 30 October 2007

2

Re-cast procedureRe-cast procedure

Dir 1999/13/EC: "VOC Solvents

Directive"

Dir 1999/13/EC: "VOC Solvents

Directive"Dir 2001/80/EC: "LCP Directive"Dir 2001/80/EC: "LCP Directive"

Dir 2000/76/EC: "Waste Incineration

Directive (WID)"

Dir 2000/76/EC: "Waste Incineration

Directive (WID)"

Dir 78/176/EEC, Dir 82/883/EEC, Dir 92/112/EEC: “TiO2 Directives”

Dir 78/176/EEC, Dir 82/883/EEC, Dir 92/112/EEC: “TiO2 Directives”

Dir 96/61/EC: "IPPC Directive"Dir 96/61/EC:

"IPPC Directive"

COM(2007)844: “Ind. Emission Directive (IED)"

COM(2007)844: “Ind. Emission Directive (IED)"

COM(2007)844:

amending only essential elements

(grey part)

FEAD:in some cases substantial changes were made but

not identified as such(i.e. biomass definition)

3

Scope of the proposed directiveScope of the proposed directive

Thresholds as indicated in Annex I, pt. 5 are acceptable

In principle, FEAD advocates for the creation of a level-playing field for

installations in EU but warns against the impacts of extending the scope to all waste management operations

Extending it to all WM operations could become problematic for small and medium enterprises (the same level of compliance is required but in a more simplified way)

4

Sevilla process and integrated approachSevilla process and integrated approach

ECMember States

IndustriesNGOs

BATs and BREFsdescriptive

Sevilla process and the integrated approach need to be maintained

PERMITS

BATs and BREFsbinding

ECMember States

IndustriesNGOs??

COM(2007)844 final:Dir 96/61/EC (IPPC):

5

Making BREFs binding andMaking BREFs binding andplanning reliability for investmentsplanning reliability for investments

stability and certainty in the permits

COM(2007)844:

reconsider permit conditions each

time an applicable BREF is updated

FEADpermit conditions should be reconsidered only if

major changes take place and NOT each time a BREF

is revised

- problematic for the planning reliability

- would affect several industry sectors at the same time (horiz. BREF)

- would neglect the role of investment cycles

- constant updating of general binding rules

6

ELVs vs. BATAELsELVs vs. BATAELs

(BAT Associated Emission level): average of the operational emission level

BATAEL

Max ELV (emission limit value given in the annex of the WID directive)

A guide is required to explain how to derive ELVs from BATAELs

Safety margin

Fluctuation margin

ELV reduction due to BATAEL (may be 0)ELV derived from BATAEL

Integration of the Waste Integration of the Waste Incineration Directive (WID)Incineration Directive (WID)

FEAD

the implementation of the Waste Incineration Directive

(WID) is a success

The existing WID provides legal certainty to allow investments in good quality infrastructure

+

No significant problems which could justify a

comprehensive change to the WID

WID should be integrated into the IED without substantial

modifications

8

ComitologyComitology

COM(2007)844:

foresees an extensive use of the Comitology procedure for

implementing the future directive

1. Respect of the subsidiarity principle

3. Right of the Compentent Authorities in the Member States to make the final decision

4. Possibly severe impact of the Comitology procedure on the Sevilla process

FEAD welcomes efforts to limit the use of FEAD welcomes efforts to limit the use of the Comitology procedurethe Comitology procedure

2. Involvement of interest groups in the procedures needed, i.e. industry experts,

Concerns:

9

Provisions on site-closure Provisions on site-closure and remediationand remediation

COM(2007)844:

contains a number of provisions on site closure

and remediation

FEAD considers these provisions can be excessive; a risk-based approach in line with the future use is more

sensible

FEAD thinks that the proposed provisions on site closure and remediation should be tackled in a

separate directive on soil as this has never been considered in the existing BREFs

10

Access to informationAccess to information

FEAD welcomes the provisions on access to information for the public

Access to information must be guaranteed in line with the provisions of

the Arhus Convention on access to information, public participation in

decision-making and access to justice in environmental matters

11

Cutting “red-tape”Cutting “red-tape”

FEAD is in favour of cutting red-tape

IED should not create an additional burden for the industry without

generating environmental benefits and taking into consideration the

investment cycles

12

Thank you very much Thank you very much

for your attention!for your attention!