Tunisian National Analysis of the policy and legislative ...policy and legislative frameworks...

2

National Analysis of policy and legislative frameworks to support BAT implementation in Tunisia

Study carried out by

Centre International des Technologies de l’Environnement

de Tunis (CITET, Tunisia)

Kamel Saïdi

Riadh Lounissi

Andalusian Institute of Technology (IAT, Spain)

Gloria Rodríguez

Víctor Vázquez

July 2013

3

CONTENT

1 INTRODUCTION. ............................................................................................. 4 2 METHODOLOGY FOR THE ANALYSIS OF POLICY AND LEGISLATIVE FRAMEWORKS

IN THE MPC. ................................................................................................... 6 2.1 STEP1. Identification of the problem. .................................................. 7 2.2 STEP 2. Definition of the objectives. .................................................... 8 2.3 STEP 3. Identification, description and comparison of the different options

for the Policy convergence. .................................................................. 8 2.4 STEP 4. Conclusions and Recommendations. ....................................... 8

3 EU SCHEME: PRINCIPLES FOR INTEGRATED POLLUTION PREVENTION AND CONTROL. ....................................................................................................... 9 3.1 Integrated approach. ............................................................................ 9 3.2 Best Available Techniques (BAT). ......................................................... 9 3.3 Flexibility. ............................................................................................ 10 3.4 Environmental inspections. ................................................................ 10 3.5 Public participation. ............................................................................ 11

4 TUNISIAN POLLUTION PREVENTION AND CONTROL SCHEME: BASELINE SCENARIO. .................................................................................................... 12 4.1 Integrated approach. .......................................................................... 12 4.2 Best Available Techniques (BAT). ....................................................... 19 4.3 Flexibility. ............................................................................................ 20 4.4 Environmental inspections. ................................................................ 20 4.5 Public participation ............................................................................. 20

5 CONCLUSIONS OF THE TUNISIAN NATIONAL ANALYSIS. ............................. 21 6 LIST OF ABBREVIATIONS .............................................................................. 25 7 REFERENCES ................................................................................................. 26 8 ANNEX I. Questionnaire template. .............................................................. 28

4

1 INTRODUCTION

The need to manage in an integrated way the several environmental aspects1 associated to the activities of the production process is one of the main challenges to face in the environmental management of industrial companies. To stimulate this approach the European Commission adopted in 1996 the EU Directive on Industrial Pollution Prevention and Control (IPPC, Directive 96/61/EC2). This Directive was codified3 (Schoenberger, 2009) in 2008 and it has been recently recasted along with the EU Directive on Industrial Emissions (IED, Directive 2010/75/EU4). The principles (explained in section 4) and requirements included in these EU Directives established the EU Integrated Pollution Prevention and Control scheme which is a strategic approach in the environmental management (Ngwakwe, 2011) that aims to change traditional activities related to the production processes through the implementation of Best Available Techniques (BAT) which are “the most effective and advanced stage in the development of activities and their methods of operation which indicates the practical suitability of particular techniques for providing the basis for emission limit values and other permit conditions designed to prevent and, where that is not practicable, to reduce emissions and the impact on the environment as a whole” (Article 3, (10) of the IED). BAT4MED project5 ‐ Boosting Best Available Techniques in the Mediterranean Partner Countries ‐ aims to transfer the EU Integrated Pollution and Prevention Control scheme to extra‐European contexts and in particular to the Mediterranean Partner Countries (MPC). One of the specific objectives of the project is to analyse how this approach can actively contribute to minimise the negative environmental pressures arising from industrial activities of the three specific countries participating in the project: namely Egypt, Morocco and Tunisia. In literature there are few case‐studies that describe the transferring of the EU integrated approach for pollution prevention and control in other contexts. One of these is the paper of Miller et. al. (2008) including references to pollution prevention programs in USA. Zarker and Kerr (2008) describe some pollution programmes developed in last years and they also consider permitting system. Also the study of Calia et al. (2009) in their study consider USA Pollution Prevention programs, paying attention to a program of a multinational company. Another paper (Cagno et al., 2005) provides an analysis of more than 130 Pollution Prevention programs projects in many companies and countries, with a more detailed focus to USA. One important contribution is the technical report of the National Center for

1 Environmental aspect: Element of an organization's activities, products or services that can interact with the environment (ISO 14001 ‐ Environmental Management System Standard). 2 Directive 96/61/EC of 24 September 1996 concerning Integrated Pollution Prevention and Control. Official Journal of the European Communities L 257: 26‐40, 10/10/2010. Available from: http://eur‐lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:31996L0061:EN:HTML. 3 The codified act includes all the previous amendments to Directive 96/61/EC and introduces some linguistic changes and adaptations (e.g. updating the number of legislation referred to in the text). The substance of Directive 96/61/EC has not been change. 4 Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (Recast), Official Journal of the European Union L 334/17, 17/12/2010. Available from: http://eur‐lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2010:334:0017:01:EN:HTML. Adopted on November 2010, it entered into force on 6 January 2011 and transposed by Member States in their national legislation context by 7 January 2013. The IPPC Directive will be repealed by IED from 7 January 2014. 5 More information available on: http://www.bat4med.org/en

5

Environmental Innovation of United States Environmental Protection Agency Office of Policy, Economics and Innovation (US EPA; 2008) deals with the description of the IPPC system adopted in UK and then assesses its transferability potential to the US legislative framework. This study is mainly referred to pulp and paper and the specialty organic chemical sectors. The activities carried out in the study include the literature analysis, the selection of UK and US mills and permits to realize a comparison, interviews, setting of a network on integrated permitting. Also in Canada some initiatives about pollution programs exist. The main scope of them is to influence the industry to meet sustainability purposes. One of these initiatives is the Toronto Region Sustainability Programs, which provides assistance to enterprises in the pollution prevention implementation (Granek and Hassanali, 2006). The study of Sarmiento (2004) considers the Ecuador Environmental Pollution Prevention Project that aimed to promote cleaner production in companies in Ecuador. Hoque and Clarke (2012) in their study deal with pollution prevention, with a specific focus on Bangladesh. The study states that pollution prevention initiatives in Bangladesh are underutilized with respect to developed countries.

Other reports focusing on policy convergence of environmental legislation have been

prepared for this purpose. One of these reports is the one entitled “Convergence with EU

environmental legislation in Eastern Europe, Caucasus and Central Asia: a Guide6”, which

main objective was to develop a road‐map for convergence of environmental legislation

across the Newly Independent States (NIS) towards EU directives, among them, the EU IPPC

Directive. Other report that can be taken into account is the one entitled “Convergence with

EU IPPC Policies: Short Guide for ENP Partners and Russia7”, in which the European

Commission provides information on EU environment policy and legislation to the European

Neighbourhood Policy (ENP) partners and Russia in key policy areas, one of them, the

“Industrial pollution”, including the IPPC Directive.

Next sections of the present Analysis include a description of the methodology followed for

this purpose, an indication of main principles related to the EU Integrated Pollution

Prevention and Control scheme and a section about the baseline scenario regarding the

current situation of this principles in Tunisia. Finally, some conclusions (policy options)

about this study are also provided, as well as the template of the questionnaire designed to

collect the information needed to develop this analysis.

6 This report was prepared by Environmental Resources Management (ERM) in the context of the European Commission DG Environment framework contract “Financing Capacity for Implementation and Enforcement of Harmonizing Environmental Policy in the NIS” (2003). More information available on: http://ec.europa.eu/environment/enlarg/pdf/convergence_guide_en.pdf 7 This guide was prepared and composed by Ecologic – Institute for International and European Environmental Policy (2007). More information available on: http://ec.europa.eu/environment/enlarg/pdf/pubs/ippc_en.pdf

6

2 METHODOLOGY FOR THE ANALYSIS OF POLICY AND LEGISLATIVE FRAMEWORKS IN THE MPC

The BAT4MED project assesses the possibility and the impact of disseminating the EU Integrated Pollution Prevention and Control scheme to the MPC through an analysis of the policy and legislative frameworks related to pollution prevention and control in those countries. Special attention is also paid to the promotion and support to national environmental programmes aiming at fostering the implementation of BAT by providing policy recommendations at national scope. In this way, the project acts as a catalyst for pollution prevention and control scheme change in the MPC. To achieve these objectives the project relies on a comprehensive methodological approach based on a scenario analysis on how the MPC could shift towards policy convergence in pollution prevention and control against the backdrop of current environmental performance of the industries in the South Mediterranean countries. In particular the methodological approach developed in the framework of this project provides the guidelines to analyse and benchmark the policy and legislative frameworks in the MPC by providing them with information on the EU integrated scheme for Pollution Prevention and Control.

Figure 1. General overview of the methodological approach As shown in the figure above, step 1 of the methodological approach is that grounding on the development of the National Analyses of policy and legislative frameworks to support BAT implementation in the MPC. On the basis of the results of the National Analyses, a comparative analysis of policy and legislative frameworks that support the prevention and control of industrial pollution in the MPC will be carried out. This benchmarking exercise will be the basis of the Cross‐country Analysis (step 2), which will highlight most relevant aspects regarding pollution prevention and control approach both at the EU and in the MPC in order to identify synergies and opportunities for convergence with EU policies. Finally, the conclusions drawn from this report will provide Policy Briefings (step 3) to foster the implementation of BAT in the MPC. In a general way, prior to the proposition of new initiatives by the European Commission it assesses the potential economic, environmental and social consequences that may arise

Methodology

for the

Analysis

EU Pollution Prevention andControl scheme

Step 1

Step 2

Particles

0

10

5

15

AutomaticMeasurement Systems

SO2

IntegratedPermit

Manual MeasurementSystems

Measure Process

Treating EquipmentProcess

Equipment

REQUIREM ENTSREQUIREM ENTS

• Atm osfer icemissions

SO2 max . 1.500Par ticles max . 25

• SewageCOD max . 400Pb max . 1

• WasteWar ehouse max . 6Destination w . manager

Env . Aspects Specifications

DirectiveIPPC

Particles

0

10

5

15

0

10

5

15


SO2

IntegratedPermit

IntegratedPermit


Measure Process


Equipment













DirectiveIPPC

National and

Cross‐country

Analysis

Policy

briefings

Step 3

Methodology

for the

Analysis

EU Pollution Prevention andControl scheme

Step 1

Step 2

Particles

0

10

5

15


SO2

IntegratedPermit


Measure Process


Equipment







DirectiveIPPC

Particles

0

10

5

15

0

10

5

15


SO2

IntegratedPermit

IntegratedPermit


Measure Process


Equipment













DirectiveIPPC

National and

Cross‐country

Analysis

Policy

briefings

Step 3

7

from their implementation. This procedure is enshrined in the so‐called EU Impact Assessment Guidelines8, which provides a set of logical steps aiming at preparing evidences for political decision‐makers on the advantages and disadvantages of possible policy options. Guided by this idea, the methodological approach here described is a simplification of this procedure and it includes the following key steps:

2.1 STEP1: Identification of the problem In order to define the problem and clearly understand what causes it, a baseline scenario has to be established as the basis for setting the objectives, identifying and comparing the different options for the policy frameworks that support the implementation of BAT in the MPC. The aim of the baseline scenario is to explain what the current situation is in comparison to the policy that could be implemented in the MPC. A good baseline scenario should have a strong factual basis and, as far as possible, be expressed in qualitative and quantitative terms in order to collect information that will let understand what the general level of compliance of the pollution prevention and control principles is in the MPC. It is based on economic, environmental and social issues. Figure 2 shows the kind of information collected by the MPC to set up the baseline scenario:

Figure 2. Baseline scenario In order to collect this information and ensure the comparability of project results, the partners from the MPC completed a questionnaire that includes a number of questions per each one of the issues analysed.

8 European Commission, Impact Assessment Guidelines (15 January 2009), SEC(2009)92. Available from: http://ec.europa.eu/governance/impact/commission_guidelines/docs/iag_2009_en.pdf

8

2.2 STEP 2: Definition of the objectives Without a clear understanding of what the implementation of the policy and legislative frameworks related to pollution prevention and control in the MPC is supposed to achieve, it is difficult to identify possible courses of action, and even more difficult to compare the different options for policy convergence. These objectives constitute the link between the problem definition (baseline scenario) and the different options for the policy and legislative frameworks related to pollution prevention and control convergence in the MPC. In order to better define these objectives, it is necessary to link them to the EU Integrated Pollution Prevention and Control scheme, which is based in a series of principle thoroughly explained in section 4. The information collected to set up the baseline scenario and the objectives defined are the backbone of the National Analyses on the policy frameworks that support the implementation of the BAT in the MPC.

2.3 STEP 3: Identification, description and comparison of the different options for the Policy convergence

Policy options are closely linked to both the problem definition (baseline scenario) and the objectives that want to be achieved. Once analysed and defined the policy context on pollution prevention and control in the MPC, considering a wide range of policy options (based on the EU Integrated Pollution Prevention and Control scheme) is a way to show the policy‐makers and relevant stakeholders that the alternative options that they may prefer have been analysed. The first step is to think large and to draw up a list of possible options for the policy convergence that are likely to be able to achieve the proposed objectives in order to identify synergies and opportunities for convergence. This benchmarking exercise was the basis to elaborate the Cross‐country analysis of the policy frameworks that support the implementation of the BAT techniques in the MPC. This analysis highlights most relevant aspects regarding pollution prevention and control both at the EU and in the MPC.

2.4 STEP 4: Conclusions and Recommendations In order to help mainstreaming of project results, MPC partners will bring together project conclusions to provide policy recommendations at national level aimed at fostering the implementation of BAT and the EU Integrated Pollution Prevention and Control scheme in the MPC. These Policy briefings are concise summaries of how the MPC think that the Government policies can best support the effective implementation of BAT in each MPC.

9

3 EU SCHEME: PRINCIPLES FOR INTEGRATED POLLUTION PREVENTION AND CONTROL

The EU Integrated Pollution Prevention and Control scheme is based on 5 principles, all designed to achieve a high level of protection of the environment as a whole, to be precise:

3.1 Integrated approach

According to the EU Integrated Pollution Prevention and Control scheme “Different approaches to controlling emissions into air, water or soil separately may encourage the shifting of pollution from one environmental medium to another rather than protecting the environment as a whole. It is, therefore, appropriate to provide for an integrated approach to prevention and control of emissions into air, water and soil, to waste management, to energy efficiency and to accident prevention” (IED’s preface). The application of this requirement has had important consequences for the installations under its scope, as all licenses are brought together with an integrated approach meaning that they must consider the environment as a whole (Raya and Vazquez, 2009; Daddi et al., 2011), introducing thus the figure of the single environmental authorization (Styles et al., 2009), the Integrated Environmental Authorization, so‐called “permit”. 3.2 Best Available Techniques (BAT)

In many industrialized countries environmental permits contain technology‐based requirements (OECD, 1996). According to the EU Integrated Pollution Prevention and Control scheme “Permit conditions should be set on the basis of Best Available Techniques” and “BAT conclusions should be the reference for setting permit conditions” (IED’s preface). “The Commission shall organize an exchange of information between Member States, the industries concerned, non‐governmental organisations promoting environmental protection and the Commission to draw up, review and, where necessary, update BAT reference documents” (IED, article 13, 1.), and thus to determine the BAT and BAT‐AELs. For drawing up (or reviewing of) a BREF, a technical working group (TWG) is set up by the Commission. Each TWG consists of technical experts representing Member States, industries, NGOs and the Commission. The work is coordinated by the European Integrated Pollution Prevention and Control Bureau (EIPPCB) in Seville (Spain) (Schoenberger, 2009). A BAT reference document, or so‐called BREF, is a document for defined activities describing applied techniques, present emission and consumption levels, techniques considered for the determination of BAT, so‐called candidate BAT, as well as BAT conclusions (Commission Implementing Decision 2012/119/EU9). BAT conclusions means “a document containing the parts of a BAT reference document laying down the conclusions on Best Available Techniques, their description, information to assess their applicability, the emission levels associated with the BAT, associated

9 2012/119/EU: Commission Implementing Decision of 10 February 2012 laying down rules concerning guidance on the collection of data and on the drawing up of BAT reference documents and on their quality assurance referred to in Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions, Official Journal of the European Union L 63/1, 02/03/2012. Available from:

http://eur‐lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2012:063:0001:01:EN:HTML.

10

monitoring, associated consumption levels and, where appropriate, relevant site remediation measures” (IED, article 3, (12)). Emission Limit Values (ELVs), equivalent parameters and technical measures shall be based on the BAT (without prescribing the use of any technique or specific technology) and that the competent authority shall set ELVs that ensure that, under normal operating conditions, emissions do not exceed the BAT‐AELs (Article 15, 2. and 3. of the IED).

3.3 Flexibility

The EU Integrated Pollution Prevention and Control scheme contains certain elements of flexibility. The competent authority may set ELVs that differ from the BAT‐AELs in terms of values, periods of time and reference conditions, so long as it can be demonstrated that the actual emissions do not exceed the BAT‐AELs (IED, article 15, 3.). Furthermore, “the competent authority may set stricter permit conditions than those achievable by the use of the Best Available Techniques as described in the BAT conclusions” (IED, article 14, 4). “The competent authority may, in specific cases, set less strict emission limit values” (IED, article 15, 4.). “Such a derogation may apply only where an assessment shows that the achievement of emission levels associated with the Best Available Techniques as described in BAT conclusions would lead to disproportionately higher costs compared to the environmental benefits due to:

a. the geographical location or the local environmental conditions of the installation concerned; or

b. the technical characteristics of the installation concerned”. The competent authority must document the reasons for referring to the flexibility criterion, including the result of the assessment and the justification for the conditions imposed and must, in any case, ensure that no significant pollution is caused and that a high level of protection of the environment as a whole is achieved (IED, also included in article 15, 4.).

3.4 Environmental inspections

Environmental inspection means “all actions, including site visits, monitoring of emissions and checks of internal reports and follow‐up documents, verification of self‐monitoring, checking of the techniques used and adequacy of the environment management of the installation, undertaken by or on behalf of the competent authority to check and promote compliance of installations with their permit conditions and, where necessary, to monitor their environmental impact” (IED, article 3, (22)). According to the EU Integrated Pollution Prevention and Control scheme:

The permit conditions must include suitable emission monitoring and reporting requirements. As such, emissions should be reported to the competent authority regularly and at least annually (IED, article 14, 1., (c) and (d)).

Competent authority must set up a system of environmental inspections of installations and draw up inspection plans (IED, article 23, 1. and 2.).

11

Based on the inspection plans, the competent authority must regularly draw up programs for routine environmental inspections, including the frequency of site visits for different types of installations. A site visit must take place at least every 1 to 3 years, depending on the environmental risks of the installations (IED, article 23, 4.).

Non‐routine environmental inspections must be carried out to investigate serious environmental complaints, serious environmental accidents, incidents and occurrences of non‐compliance (IED, article 23, 5.).

3.5 Public participation

According to the EU Integrated Pollution Prevention and Control scheme “In accordance with the Århus Convention on access to information, public participation in decision‐making and access to justice in environmental matters, effective public participation in decision‐making is necessary to enable the public to express, and the decision‐maker to take account of, opinions and concerns which may be relevant to those decisions, thereby increasing the accountability and transparency of the decision‐making process and contributing to public awareness of environmental issues and support for the decisions taken. Public concerned should have access to justice in order to contribute to the protection of the right to live in an environment, which is adequate for personal health and well‐being” (IED’s preface). The EU Integrated Pollution Prevention and Control scheme ensures the public’s right to participate in environmental decision‐making by providing access to, amongst others, permit applications, permits and results of emission monitoring (IED, article 24).

12

4 TUNISIAN POLLUTION PREVENTION AND CONTROL SCHEME: BASELINE SCENARIO

From a scientific point of view, the approach of the study was that grounding on a strong policy analysis (methodology is explained in the section 3) of the current framework in Tunisia. The information drawn from the questionnaires developed in Tunisia for this purpose has been aligned with the EU IPPC scheme principles as follows:

4.1 Integrated approach

Tunisia has a relatively long history of environmental legislation, dating from before independence in 1956. Since then, Tunisia has ratified over 50 international conventions and

treaties. A law enacted in 1988 has established a National Agency for Environmental Protection (ANPE: www.anpe.nat.tn) for the environmental protection and preservation of the quality of life and stipulates the provision for environmental impact assessments. According to the article 294 of the labor code, Tunisian establishments are classified into three categories according to the severity of the dangers or disadvantages inherent in their operations:

The first category comprises establishments that must be located away from urban centers and private homes.

The second category includes those whose distance from the houses is not strictly necessary, but whose operation may be permitted only on condition that measures are taken to prevent hazards or nuisances.

The third category includes establishments that do not have serious disadvantages for the public health and the neighborhood. These establishments are only subject under administrative supervision, general requirements laid down in the interest of the neighborhood, or public health.

The figure below summarizes the modalities provided by the Decree of 9 October 2006 ‐2687 relating to the opening and operating procedures of unhealthy or dangerous establishments:

13

Figure 3 : authorization scheme in Tunisia

Environmental Impact Assessment:

Law no 88‐91 of 2 August 1988, revised in 1992 with the law 92‐115 of 30 November 1992, defines the role of ANPE and provides obligations on the responsibility of any industrial, agricultural or commercial unit likely to pose a risk on the environment to undertake an Environmental Impact Assessment (EIA). The EIA Directorate of ANPE is the body responsible for EIA in the country.

Decree nº 2005‐1991, cancelling Decree No. 91‐362 of 1991, related to the Environmental Impact Assessment study and fixing the categories of units subjected to the impact studies and the categories of units subjected to the specifications. The dairy and textile industries have several impacts on the environment, such as: water consumption, wastewater emissions, energy consumption, air emissions and solid waste production.

Decree n°2005‐1991 of 11/07/2005 fixes the categories of units that must perform an Environmental Impact Assessment (dairy plants have to do an EIA). EIA is an assessment of the possible positive or negative impact that a proposed project may have on the environment, consisting of the environmental, social and economic aspects. EIA is a mandatory study before the implementation or the expansion of the project.

First & second category

Third category

Ministry of Industry Safety direction

Public Inquiry

Opinion of the Special Committee

of classified establishments

Authorization order Ministry of Industry

Request addressed to the Governor

Technical opinion from civil protection

+ If necessary opinion of the

safety direction +

Opinion of the relevant municipality

Investor

Authorization of the governor

Units mandatory submitted to impact study

Units subject to a specification approved by the Ministry of Environment

Authorization provided for realization of the unity by National Agency of

Environmental Protection

14

Textile plants that have the following processes must do an Environmental Impact Assessment (EIA):

Dyeing.

Washing.

Coating.

Printing.

Knitting and weaving.

Finishing.

According to the order of the Minister of Industry and Technology of February 23, 2010, amending and supplementing the order of the Minister of Industry, Energy and Small and Medium Enterprises of November 15, 2005, dairy plants with daily production of more than 30.000 litre of milk /day or equivalent must perform a Hazards Study (HS). A HS is an essential element in managing the process safety impact of new projects and the ongoing operation of existing plants. Textile plants that have the following processes and that produce a quantity of textile of more than 500 kg/day must realize a Hazards Study (HS):

Dyeing.

Bleaching.

Washing.

Printing.

Finishing.

Water consumption:

According to the decree n°2002‐335 of 14 February 2002, all industrial plants that use more than 5000 m³/year of water must make a diagnosis of water consumption every five years. This diagnosis covers equipments and production methods related to water use. This technical diagnosis must be realized by a specialized expert approved by the State.

Energy consumption:

According to the decree n°2009‐2269 of 31/07/2009, changing the decree n°2004‐2144 of 02/09/2004 on the mandatory energy audit for companies, all industrial plants that use more than 800 toe (tonne of oil equivalent)/year of energy must make an audit of energy consumption every five years. This audit covers equipments and production methods related to energy use. This technical audit must be realized by a specialized expert approved by the State.

Wastewater emissions:

The Tunisian environmental legal requirements for industrial wastewater are presented by the Tunisian Standard NT 106.02. The emission limit values for some pollutants are presented in the following table:

15

Parameter Unit

Discharge area

Surface water (Land and River)

Coastal and maritime System

Sewer system

pH ‐ 6,5 < pH < 8,5 6,5 < pH < 8,5 6,5 < pH < 9

Temperature °C 35 25 35

Color Scale(Pt‐Co) 100 70 Fixed as the case

COD mg O2/L 90 90 1000

BOD5 mg O2/L 30 30 400

TKN mg/L 30 1 100

Oil and Grease mg/L 20 10 30

TSS mg/L 30 30 400

Settable Solids mg/L 0.3 0.3 ‐

Anionic detergent (ABS)

mg/L 2 0,5 5

Chlorine mg/L Without requirements 600 700

Sulphate (SO4) mg/L 1000 600 400

Na mg/L Without requirements 300 1000

P mg/L 0,1 0,05 10

K mg/L 1000 50 50

Fe mg/L 1 1 5

Al mg/L 5 5 10

Ag mg/L 0,1 0,05 0,1

Hg mg/L 0,001 0,001 0,01

Cr (VI) mg/L 0,5 0,01 0,5

Cr (III) mg/L 2 0,5 2

As mg/L 0,1 0,05 0,1

Sb mg/L 0,1 0,1 0,2

Cd mg/L 0,005 0,005 0,1

Sn mg/L 2 2 2

CN mg/L 0,05 0,05 0,5

Cu mg/L 1,5 0,5 1

Fecal Coliform MPN/ 100 ml 2000 2000 Without

requirements

Salmonella MPN/5000 ml Absence Absence Without

requirements

Fecal streptococci MPN/100 ml 1000 1000 Without

requirements

Cholera vibrios MPN/5000 ml Absence Absence Without

requirements

Table 1: Limit values for the industrial emissions of several pollutants to waste water according to Tunisian environmental legislation (NT 106.02)

16

Air emissions: According to the decree n° 2010‐2519 of 28 September 2010, the air emissions limit values relevant for the dairy industry are presented in the table below:

Parameter Limit value of air pollutant

Total Dust 100 mg/m3, if the hourly flow is less than or equal to 1 kg/h

40 mg/m3, if the hourly flow is more than 1 kg/h

Carbon monoxide 10 mg/m3

SO2 300 mg/m3, if the hourly flow is more than 25 kg/h

NO2 500 mg/m3, if the hourly flow is more than 25 kg/h

HCl 50 mg/m3, if the hourly flow is more than 1 kg/h

HF 5 mg/m3

VOC 110 mg/m3, if the hourly flow is more than 2 kg/h

Cd, Hg, Tl If the total hourly flow of cadmium, mercury and thallium and their compounds exceeds 1g/h, the limit value is 0,05 mg/m3 by metal and 0,1 mg/m3 for total

metals (expressed as Cd + Hg + Tl)

As, Se, Te If the total hourly flow of arsenic, selenium and tellurium, and their compounds,

exceeds 5 g/ h, the limit value is 1 mg/m3 (expressed as As + Se +Te)

Pb If the total hourly flow of lead and its compounds exceeds 10 g/h, the limit value

is 1 mg/m3

Cr, Sb, Cu, Co, Mn, Ni, Sn, V, Zn

If the total hourly flow of antimony, chromium, cobalt, copper, tin, manganese, nickel, vanadium, zinc and there compounds exceeds 25 g/h, the limit value is 5

mg/m3 (expressed in Cr + Sb + Cu + Co + Mn + Ni + Sn + V + Zn)

Phosphine, phosgene If the hourly flow of phosphine or phosgene exceeds 10 g/h, the limit value is 1

mg/m3 for each product

HCN, HBr, HCl, hydrogen sulfide

If the hourly flow of hydrogen cyanide or bromine and inorganic gaseous bromine compounds or chlorine or hydrogen sulfide exceeds 50 g/h, the limit

value is 5 mg/m3 for each product

Ammonia (NH3) If the hourly flow of ammonia exceeds 100 g/h, the limit value is 50 mg/m3

Asbestos The limit value of asbestos is 0,1 mg/m3 and 0,5 mg/m3 for total dust, whatever

the amount of raw asbestos

Other fibers The limit value is 1 mg/m3 for fiber and 50 mg/m3 for total dust, if the amount

of fibers, other than asbestos, exceeds 100 kg / year

Table 2: Limit values for air pollutants according to decree n° 2010‐2519 of 28 September 2010

According to the annex 3 of the decree n° 2010‐2519 of 28 September 2010, the limit values of air emissions for boiler and combustion plants are shown in the following tables:

Thermal power of the boiler from 20 to 50 MWth

Combustible Pollutant

SO2

(mg/Nm3) NOx

(mg/Nm3) Dust

(mg/Nm3) CO (mg/Nm3)

Water column

Smoke column

Natural Gas 35 180 5 100

GPL 5 200 5 100

Gas of coke 400 200 10 250

HF gas 200 200 10 250

Domestic fuel 350 150 200 50 100

Liquid combustible 1700 450 550 100 100

Solid combustible 1700 450 550 75 200

17

Biomass 200 400 50 200


Combustibles Pollutant

SO2 (mg/Nm3)

NOx (mg/Nm3) Dust (mg/Nm3)

CO (mg/Nm3)


GPL 5 200 5 100

Gas of coke 400 200 10 250

HF gas 200 200 10 250

Liquid combustible 850 400 50 100

Solid combustible 850 400 50 200

Biomass 200 400 50 200



SO2

(mg/Nm3) NOx (mg/Nm3) Dust (mg/Nm3) CO (mg/Nm3)


GPL 5 200 5 100

Gas of coke 400 200 10 250

HF gas 200 200 10 250

Liquid combustible 400 to 200 200 30 100


Biomass 200 300 30 150

Thermal power of the boiler greater than 300 MWth


SO2

(mg/Nm3) NOx (mg/Nm3) Dust (mg/Nm3) CO (mg/Nm3)


GPL 5 200 5 100

Gas of coke 400 200 10 250

HF gas 200 200 10 250

Liquid combustible 200 200 30 100


Biomass 200 200 30 150

Table 3: Emission limit Value for SO2, NOx, dust and CO

Pollutants Emission Limit Value (mg/Nm3)

PDT 0,1

VOC 110 expressed as total carbon

Table 4: Emission limit Values for hydrocarbons aromatic polycyclic (PDT) and VOCs

18

Compounds Emission Limit Value (*) (mg/Nm3)

Cadmium (Cd), mercury (Hg) and thallium (Tl) and its compounds

0.05 by metal and 0.1 for the sum expressed in (Cd + Hg + TI)

Arsenic (As), selenium (Se), tellurium (Te) and its compounds

1 expressed in (As + Se + Te)

Lead (Pb and its compounds) 1 (expressed in Pb)(*) Average over the sampling period of at least 30 minutes and up to eight hours

Compounds Emission Limit Value (*) (mg/Nm3)

20 MWth < power < 100 MWth 100 MWth < power

Antimony (Sb), chromium (Cr), cobalt (Co), Tin (Sn), manganese (Mn), nickel (Ni), vanadium (V), zinc (Zn) and their compounds.

10 expressed in (Sb + Cr + Co + Cu + Sn + Mn + Ni + V + Zn) (**)

5 expressed in (Sb + Cr + Co + Cu + Sn + Mn + Ni + V + Zn)

(*) Average over the sampling period of at least 30 minutes and up to eight hours. (**) Facility outside agglomerations over 250,000 and whose power is between 20MWth and 50 MWth, set emission limit is 20 mg/Nm3.

Table 5: Emission limit value for toxic metals and their compounds for facilities using solid and liquid combustible

Ammonia emission limit value:

When a boiler is equipped with a device for treatment of the oxides of nitrogen to ammonia or urea, ammonia emissions shall not exceed the value of 20 mg/Nm3.

Noise emissions:

Concerning the noise there is the decree n° 84‐1556 of 29 December 1984: the level of noise emitted by an industrial plant during daytime shall not exceed 50 decibels, measured at the right front of the nearest homes in the area of activities. At night, additional precautions should be taken in order to not cause inconvenience to local residents.

Waste generation:

Tunisia has numerous laws and regulations dealing with the management of solid wastes. Among these laws and regulations we find the following:

Law n°41 approved on June 10, 1996 constitutes the most detailed regulation about the management, elimination and control of solid wastes at national and local level. Its key elements are: classifies wastes according to its origin and characteristics; defines government and municipal responsibilities; encourages private sector participation; establishes priority of waste minimization, recycling and composting; establishes that producers, importers and distributors of packaging are

responsible for their products when they are discarded as wastes; provides basis for national waste management facility and siting program; establishes procedures for managing waste, monitoring facilities, and

enforcing standards.

19

On the basis of this law, the basic regulatory framework for the management of dangerous waste was developed with the following components: a decree with a list of hazardous wastes; a modal register prepared specially for dangerous waste producers; a modal annual declaration specifically for dangerous waste producers, and a monitoring form specially for the transport of dangerous waste.

Decree n° 2000‐2339 of 10 October 2000 establishing the list of hazardous waste. Decree n° 2002‐693 of 01 April 2002 establishing the conditions and modalities for

resumption of used lubricating oils and used oil filters and their management.

Decree n° 2005‐3395 of 26 December 2005 establishing conditions and modalities for the collection of used batteries and accumulators in order to ensure their sound management and to prevent their release into the environment.

4.2 Best Available Techniques (BAT)

Some guides have been developed (case of the cement manufacturing industry, manufacture of tomato concentrates and Harissa in the framework of projects in cooperation with the GIZ (www.giz.de). Under the BAT4MED project, two sectoral guides (textile, dairy) on the BAT have been developed in Tunisia. Tunisia does not have an integrated mechanism for encouraging the use of BAT. However, several separate funding mechanisms may contribute partially within their areas of intervention to encourage businesses to the implementation of clean technologies and/or to control and prevent pollution. Among these mechanisms, there is mainly:

Depollution Fund FODEP managed by the National Agency of Environmental Protection (ANPE : www.anpe.nat.tn), which encourages the adoption of clean technologies and clean within investment directly related to environmental protection (e.g. saving water pollution reduction), and up to 20% of subsidy and bank credit enhanced up to 50% of the eligible investment costs.

Environmental Credit Line (AFD: www.anpe.nat.tn) managed by the National Agency of Environmental Protection: all environmental sectors not eligible to the depollution Fund (FODEP) are eligible for this line of credit. Among these projects are cited:

- Projects collection and transportation of solid waste (household waste and similar) and liquids.

- Projects recycling of waste.

- Projects that clean‐up costs exceed 4 million DT (limit of encouragement FODEP). The credit line supports part of the investment over 4 million DT.

The National Fund for mastering Energy FNME, managed by the National Agency for Energy Management (ANME : www.anme.nat.tn), including projects that encourage energy efficiency.

Some BAT actions can be supported by the FODEC (Fund for the Development of Industrial Competitiveness: www.tunisieindustrie.nat.tn). Investments eligible for assistance from FODEC are classified in two categories:

- Immaterial investments (diagnostic studies and other immaterial investments).

- Material investments.

20

4.3 Flexibility

Tunisia does not apply BAT limits. However, operating companies must comply with limit values for its emissions (paragraph 4.1). Some flexibility exists when it comes to dump wastewater into public pipes. Indeed, as explained by the table 1 limit values are less strict in this case.

4.4 Environmental inspections

The National Agency of Environmental Protection is the lead agency in the field of control and preservation of the environment in Tunisia and this by monitoring the respect of regulatory compliance at industrial level at two levels:

The approval of environmental impact studies.

The control of emission levels.

There is no validity period for authorization in Tunisia and the monitoring is done continuously throughout the year.

Any exploitation subject to authorization must conduct periodic controls of its wastewater and hold for this purpose a register showing the date and results of the analyses. Tunisian legislation has provided several penalties depending on the nature of environmental crime. These penalties include:

The fine, imprisonment or both.

Some texts have given judges the power to decide on the closure of the polluting facility.

The Tunisian legislator has allowed some agencies to administrative penalties for certain violators of environmental law. These sanctions may be of three different kinds:

Temporary closure.

Final closure.

Cancellation of the authorization.

4.5 Public participation

As explained in section 4.1, only in the case of business class I and II, an investigation is opened to the public to give their opinions. The participation of social groups is generally limited to environmental awareness at the corporate level.

21

5 CONCLUSIONS OF THE TUNISIAN NATIONAL ANALYSIS

Taking into account the information included within the questionnaire developed by CITET and also within this National Analysis of the policy and legislative frameworks to support BAT implementation in Tunisia, the following conclusions based on the 5 principles of the EU Integrated Pollution Prevention and Control scheme have been drawn: a. Integrated approach: The field of application of the EIA is very broad and essentially covers all the categories of project likely to have significant effects on the environment. It introduces procedural elements to be followed such as the provision of an environmental impact statement and consultation with the public and environmental authorities within the framework of development consent procedures for the activities covered. The results of the EIA procedure have to be taken into consideration in the development consent procedure. The EU IPPC scheme focuses on the prevention and control of emissions to air, water and soil. It is complemented by provisions related to energy consumption, waste flows and incidents/accidents prevention and it applies to certain industrial activities and agricultural activities. In addition, installations under this scheme need an integrated permit, the so called Integrated Environmental Authorization, in which all environmental aspects are prevented and controlled as a whole and subject to ongoing monitoring and updating of the permit conditions that let to reach the most effective way for pollution prevention and control. The information gathered from the questionnaire shows that the permitting procedure in Tunisia is based on Environmental Impact Assessment (EIA)10. In practice, the EIA approval serves as an environmental permit in Tunisia that establishes the measures for pollution prevention and control for the different environmental aspects that are regulated in different environmental legislative acts. Unlike the EIA, the EU IPPC scheme gives more emphasis to BAT (and more specifically to BAT‐AELs11) as an instrument that guarantees that the effects of the emissions on the environment are faced as a whole. In addition, it allows a better monitoring and reporting of the environmental performance of the installation, since all these requirements are clearly specified in the Integrated Environmental Authorization, according to the IMPEL Network Final Report 12. This does not mean that all these issues are not covered by the EIA, but from an administrative point of view, the environmental aspects of an industry are faced under the same administrative procedure, allowing that all licenses are brought together under a unique administrative permit (the Integrated Environmental Authorization). In many cases, the EIA approval is included as an annex to the permit. Thus, the documentation required for the EIA can be considered as a supplement to the information required by the EU IPPC

10 See section 4.1. 11 See section 3.2. 12 The Final Report: “Interrelationship between IPPC, EIA, SEVESO Directives and EMAS Regulation” was prepared by the IMPEL Network (1998). More information available on: http://ec.europa.eu/environment/eia/eia‐studies‐and‐reports/impel‐full‐text.pdf

22

scheme. So, the results of the EIA procedures shall be taken into account for the purpose of granting the permit under the IPPC scheme. b. Best Available Techniques (BAT): Emission Limits Values (ELV) in Tunisia are established taking into consideration environmental legislative acts which include general ELV (e.g. for air and wastewater emissions) not associated to BAT. To assist the licensing authorities and companies to determine BAT, which can be the reference to establish the ELV, diferents studies and reports were developed in Tunisia in the framework of different international projects13, however, these documents are not a legally binding stipulation at national level. During the course of BAT4MED project, different BAT studies were elaborated based on the implementation of the methodology (Daddi et al., 2012) developed in the earlier stages of the project for this purpose. This methodology is based on the European Guidance Document (2012/119/EU) and the Flemish methodology (Dijckmans, 1999 & Polders et al, 2012) for the collection of data and elaboration of BAT reports. Other existing papers that were consulted to make the needed adjustments on the methodology were the study of Giner‐Santonja et al. (2012), which presents a BAT assessment method proposing some evaluation criteria, based on economic, environmental and workers health aspects, and a methodology to identify sustainable BAT provided by Ibáñez‐Forés et al. (2013). This paper is based on a case study referred to Spanish ceramic tiles industry. For BAT4MED project purposes, final adjustments were made on it in order to incorporate country specific elements when transferring the methodology. The BAT studies for the dairy and textile sectors were elaborated following the methodology, i.e. in a stepwise manner. Firstly, a Technical Working Group (TWG) was set up for each of the sectors in Tunisia. Ideally, a TWG consists of representatives from administrations, universities and the sector as well as consultants. The main task of this TWG was to provide data and information, share their expert opinion and help in the elaboration of the reports.

Table 5: Composition of the Tunisian TWGs of Dairy products and Textile Sectors

13 See section 4.2.

Tunisian TWGs

Dairy Textile

University ‐ ‐

Technical experts/consultant 6 4

National Public Authorities 3 1

Companies/ind. associations 1 1

TOTAL 6 6

23

Overall, all stakeholders involved in the elaboration of the BAT sector reports were enthusiast about the project and its expected outcomes. By being involved in the process and discussions, and by getting to know the principle and methodology for BAT evaluation, interest was certainly raised and potential of the EU Integrated Pollution Prevention and Control scheme was shown. (Daddi et al., 2013). A very important second element for the success in the BAT studies development was the collection of data/information. Companies were reluctant to put their financial performance data out there due to confidentiality issues. Also monitoring and reporting were hardly introduced or obligated, leading to little available and up‐to‐date data. This of course all having an adverse effect on the envisaged quality of analysis and results. BAT evaluation for example, can be done in a quantitative and qualitative way. Quantitative evaluation however, becomes impossible when the required input data (e.g. cost of installations in the country, financial strength of companies, current environmental performance, etc.) are missing. BAT evaluation therefore depended almost entirely on expert judgement from the Tunisian TWG members. c. Flexibility: BAT studies shall be the reference for setting the permit conditions. However, the legislative framework in Tunisia is quite different from the European one, in the sense that ELV is not based on BAT. This means that the conditions set in place under the flexibility principle are not applicable in Tunisia so far. d. Environmental inspections: In Tunisia, monitoring and inspection activities are generally governed by different laws and regulations in order to assess whether the installation is in compliance with the terms set out in the environmental license. This is done by gathering general information about the installation, collecting and analysing documentation and record observations. In Tunisia, the monitoring is done continuously throughout the year. Nonetheless, although there is a minimum frequency of planned environmental inspections defined in the laws and regulations, and they are not set by the competent authorities themselves by using “risk‐based criteria” that evidence the installations’ level of risk and thus the on‐site inspections’ frequency. e. Public Participation:

Public participation in Tunisia is generally linked to the Environmental Impact Assessments and generally, the disclosure of environmental information is encouraged by the competent authorities. A public notice is inserted in the Official Journal of the Tunisian Republic in the establishment of an EIA together with the nature of the activities, their classification and location of the facility and the opening and closing dates of the public inquiry. It also shows the structure from which comments and objections of interested parties are registered and where they can view the file. A copy of the notice and a copy of the plan attached to the application for authorization shall be addressed to all the actors involved in the process (governors, presidents, civil protection, etc.). Upon receipt of the application, these actors

24

shall post the notice in the governorate and the headquarters of each municipality concerned and in the vicinity of the proposed establishment for at least one month in order to ensure proper public information. Objections or comments that could be made by third parties against the installation and operation of the facility are addressed to the concerned governors, municipal presidents, Ministries, etc. of classified establishments. This could be a good base to establish the Public Participation procedure for setting an integrated permit (in which environmental aspects are prevented and controled as a whole) according the EU IPPC scheme.

25

6 LIST OF ABBREVIATIONS

Term Description

ANME National Agency for Energy Conservation

ANPE National Agency of Environment Protection

BAT Best Available Technique

BAT‐AEL Emission Level Associated with the Best Available Techniques

BREF BAT reference document.

CITET Tunis International Centre for Environmental Technologies

EIA Environmental Impact Assessment

EIPPCB European Integrated Pollution Prevention and Control Bureau.

ELV Emission Limit Value

IED Industrial Emissions Directive

IMPEL European Union Network for the Implementation and Enforcement of Environmental Law

IPPC Integrated Pollution Prevention and Control

MPC Mediterranean Partner Country

26

7 REFERENCES

1. Cagno, E., Trucco, P., Tardini, L. (2005) Cleaner production and profitability: analysis of 134 industrial prevention (P2) project reports. Journal of Cleaner Production, 13 (6), 593‐605

2. Calia, R.C., Guerrini, F.M., de Castro, M. (2009) The impact of Six Sigma in the performance of a Pollution Prevention program. Journal of Cleaner Production, 17 (15), 1303‐1310.

3. Daddi, T., De Giacomo, M.R., Rodríguez Lepe, G., Vázquez Calvo, L., Dils, E., Goovaerts, L. (2012). A method to implement BAT (Best Available Techniques) in South Mediterranean countries: the experience of BAT4MED project. Environmental Economics, 3 (4), 65‐74.

4. Daddi, T., De Giacomo, M.R., Rodríguez Lepe, G., Vázquez Calvo, L., Dils, E., Caroline, P. (2013). Transfering the Integrated Pollution Prevention and Control (IPPC) Approach and Best Available Techniques (BAT) concepts to Egypt, Tunisia and Morocco. Sustainability, 5, 2944‐2959.

5. Dijkmans R. (2000). Methodology for selection of best available techniques (BAT) at the sector level. Journal of Cleaner Production 8 (1), 11 ‐ 21.

6. European Union Network for the Implementation and Enforcement of Environmental Law (IMPEL Network), 1998, Interrelationship between IPPC, EIA, SEVESO Directives, and EMAS Regulation. Available from: http://ec.europa.eu/environment/eia/eia‐studies‐and‐reports/impel‐full‐text.pdf

7. Giner‐Santonja, G., Aragonés‐Beltrán, P., Niclós‐Ferragut, J. (2012). The application of the analytic network process to the assessment of best available techniques. Journal of cleaner production 25, 86‐95.

8. Granek, F.; Hassanali, M. (2006). The Toronto Region Sustainability Program: insights on the adoption of pollution prevention practices by small to medium‐sized manufacturers in the Greater Toronto Area (GTA). Journal of Cleaner Production, 14, 572‐579.

9. Hoque, A., Clarke, A. (2012). Greening of industries in Bangladesh: pollution prevention practices, Journal of Cleaner Production. Available from: http://dx.doi.org/10.1016/j.jclepro.2012.09.008

10. Ibáñez‐Forés, V., et al. (2013). Assessing the sustainability of Best Available Techniques (BAT): methodology and application in the ceramic tiles industry, Journal of Cleaner Production. Available from: http://dx.doi.org/10.1016/j.jclepro.2013.01.020

11. Miller, G., Burke, J., McComas, C., Dick, K. (2008) Advancing pollution prevention and cleaner production – USA’s contribution. Journal of Cleaner Production, 16, 665‐672.

12. Ngwakwe, C.C. (2011).Waste costing as a catalyst in pollution prevention investment decisions. Journal of Industrial Ecology, 15 (6), 951‐966.

13. Organisation for Economic Co‐operation and Development – OECD. (1996). Industrial case studies on the use of BAT and EQO in permits, Proceedings of the Workshop on environmental requeriments for industrial permitting, Paris.

14. Polders C, Van den Abeele L, Derden A, Huybrechts D. (2012). Methodology for determining emission levels associated with the best available techniques for industrial waste water. Journal of Cleaner Production 29‐30, 113‐121.

15. Raya, I., Vázquez, V. L. (2009). Sharing experiences to improve pollution prevention and control in the Mediterranean area. International Innovation. Research Media Ltd., 56‐58.

27

16. Sarmiento, F. (2004). Assessment of the impact of the E2P3 project on the uptake of pollution prevention in Ecuador. Journal of Cleaner Production, 12 (3), 283‐296.

17. Schoenberger, H. (2009). Integrated pollution prevention and control in large industrial installations on the basis of best available techniques – The Sevilla Process. Journal of Cleaner Production 17(16):1526‐1529.

18. Styles, D., O’Brien, K., Jones. M. (2009). A quantitative integrated assessment of pollution prevention achieved by Integrated Pollution Prevention and Control lisensing. Environment International, Vol.35, Nº8, pp.1177‐1187.

19. US EPA ‐ US Environmental Protection Agency Office of Policy, Economics & Innovation (2008). An In‐depth Look at the United Kingdom Integrated Permitting System; Environmental Protection Agency: Washington, DC.

20. Zarker, K.A., Kerr, R.L. (2008). Pollution prevention through performance‐based initiatives and regulation in the Unites States. Journal of Cleaner Production, 16, 673‐685.

28

8 ANNEX I. Questionnaire template

Good quality data (facts as well as figures) are an essential part of this questionnaire. These data will be necessary to define the policy context and baseline scenario related to pollution prevention and control in the MPC and to gather information needed for the completion of National Analyses. Particular attention needs to be paid to quality and credibility of data. Once completed, the questionnaires will be delivered and discussed with national stakeholders. In some cases, certain needed information will be already available in the MPC (e.g. Industrial Development Agency in Egypt, Moroccan Ministry of Energy, Mining, Water and Environment, Tunisian Agency of Industry Promotion, etc.) and on D2.4 Report on the National Analysis. This information may include monitoring or evaluation reports from previous or similar programmes, statistical data (National Institutes of Statistics), studies and research, information gathered from stakeholders (hearings, conferences), etc. It may be necessary the support of different stakeholders and other sector groups to identify and use and gather these data and undertake some of the analysis. In addition, examples of best practices in the MPC, and at the experiences of third countries or international organisations (e.g. World Bank, OECD) must be looked for. Per each one of the aspects to be analysed (economic, environmental and social), please find below some suggestions and other indications that can help understand the questions listed in the questionnaire.

29

ECONOMIC ISSUES

1. GENERAL ISSUES

1) Which is the main group of tools adopted in your country to pursue pollution prevention

and control and sustainable production?

Environmental legislation Economic incentives and taxations Volunteer instruments (volunteer certifications and eco‐labels for products) Others (please specify or add any additional comment):

2) Which are the tools adopted in your country to pursue sustainable production and

consumption? (Up to 3 answers are admitted).

Establishments of Emission Limit Values in the national laws Environmental taxes Financial incentives Establishment of mandatory requirements for products with high environmental

impacts (e.g. energy efficiency minimum performance) Volunteer Eco‐Labelling of environmental‐friendly products Environmental Management Systems Green Public Procurement Incentives to adopt clean technologies Creation of technology platform for interested stakeholders Creation of networks for testing and verifying the performance of environmental

innovative technologies Information campaigns to sensitize consumers toward environmental products

Actions to increase consumer’s awareness on spur their choices to sustainable consumption

Others (please specify or add any additional comment):

2. FINANCIAL INSTRUMENTS FOR ECO‐INNOVATION AND ECO‐INVESTMENTS

Eco‐innovation is defined as any form of innovation aiming at significantly and demonstrable progress towards the goal of sustainable development, through reducing impacts on the environment or achieving a more efficient and responsible use of

30

resources. Environmentally friendly innovations are expected for example to aid in the reduction of greenhouse gas emissions, use resources such as water and raw material more efficiently, increase the use of recycled materials and produce quality products with less impact on the environment and to implement more environmentally friendly production processes and services. Eco‐investing or green investing is the practice of investing in companies that support or provide environmentally friendly products and practices. These companies encourage (and often profit from) new technologies that support the transition from carbon dependence to more sustainable alternatives. The objective of this part of the baseline scenario is to identify and collect information regarding existing financial instruments for eco‐innovation and eco‐investments regarding pollution prevention and control (supporting BAT implementation) at national and local level (with a focus on dairy and textile sectors). Before answering the following questions, please read the specifications in order to better understand what each question means. Please provide detailed answers (when applicable), not exceeding 20 lines per each question. 1) Please identify and describe existing direct funding‐grants (for eco‐innovation/eco‐

investing) regarding pollution prevention and control (supporting BAT implementation) in

your country.

Depending on their needs, companies, organisations, small and medium‐sized enterprises may be eligible for direct grant funding from your country. For instance, the European Commission pays out direct grants, mostly in the form of co‐financing, to help implement projects. The specific EU support programme and current calls for project proposals define what projects (networks, demonstration projects, etc.) and costs (staff costs, dissemination costs directly linked to the project, etc.) are eligible for co‐financing. Some examples to access direct funding at EU level: tenders, grants, microfinance, Life+ Programme, Competitiveness and Innovation Framework Programme (CIP), the Seventh Framework Programme for Research and Technological Development, Eureka, etc. 2) Please identify and describe existing indirect funding‐grants (for eco‐innovation/eco‐

investing) regarding pollution prevention and control (supporting BAT implementation) in

your country.

Depending on their needs, companies, organisations, small and medium‐sized enterprises may be eligible for indirect funding via financial intermediaries in your country. For instance, EU financing for regular business investments are allocated to financial intermediaries to help companies find seed money, start up, expand and transfer their business using equity financing and guarantees national authorities via the Structural Funds. Some examples to access indirect funding at EU level: locate banks, venture capital funds, etc., that provide funding using the financial instruments in your country or locate national managing authorities who can inform you about obtaining financing in your country. 3) Please identify and describe any other incentives (for eco‐innovation/eco‐investing)

regarding pollution prevention and control (supporting BAT implementation) in your

country.

31

E.g.: soft loans, risk guarantees, in‐kind technical support, tax/customs incentives, targeted subsidies, etc.

3. ENERGY & WATER EFFICIENCY ISSUES

1) Please describe the following aspects applicable in your country about energy subsidies:

‐ Overview of the pricing of electricity:

‐ Different fuel types used:

‐ Percentage subsidized for each :

‐ Overview of the pricing of water:


‐

‐

32

ENVIRONMENTAL ISSUES

1. LEGISLATIVE ANALYSIS

The objective of this part of the questionnaire is to assess how the pollution prevention and control (supporting BAT implementation) scheme is being implemented at the MPC national and local Policy and legislative frameworks.

Before answering the following questions, please read the specifications in order to better understand what each question means. Please provide detailed answers (when applicable), not exceeding 20 lines per each question. 1) Do you carry our initiatives to help Small and Medium Enterprises (SMEs) to be compliant

with the environmental legislation?

Yes No Others (please specify or add any additional comment):

‐

‐

2) If so, which tools are you using to achieve this goal?

Better regulation in the design and implementation of policies to minimise the

administrative burden of compliance on SMEs cutting unnecessary costs and reducing the administrative burdens

Dissemination of Environmental Management Systems Financial assistance to promote networks aiming at sustainable production in SMEs Building local environmental expertise for SMEs to overcome the lack of know‐how at

company level Others (please specify or add any additional comment):

‐

‐

3) Please identify and describe existing Policy and legislative frameworks regarding pollution

prevention and control (supporting BAT implementation) in your country. How are the

National Authorities implementing the pollution prevention and control scheme?

List and describe main national Policy and legislative frameworks related to pollution prevention and control, also focusing on specific legislations regarding textile and dairy sectors. In addition, describe main contents of the national legislative act(s), such as number and types of acts (laws, decrees, regulations, etc.), year of issues, specific objective of the act (e.g., what does it deal with?).

33

4) Please identify and describe what are the National Competent Authority(ies) in charge of

the issue of environmental permits in your country. How are the National Authorities

implementing the pollution prevention and control scheme?

Specify and describe who is/are the competent body/bodies that can issue the environmental permits. 5) Please describe, if existing, measures adopted for the integrated approach for the issuing of

environmental permits.

According to article n.7 of the IPPC Directive: “EU Member States shall take the measures necessary to ensure that the conditions of, and procedure for the grant of, the permit are fully coordinated where more than one competent authority is involved, in order to guarantee an effective integrated approach by all authorities competent for this procedure” Indicate and describe which are the measures adopted to assure this integrated approach (if existing) in your country. 6) Are there systems or documents that identify the most promising environmental

technologies?

Yes

If yes, please indicate the role/function of these tools:

Systems/documents existing for each industrial sector Systems/documents indicating Emission Limits Values achievable Systems/documents setting specific performance targets Others (please specify or add any additional comment):

‐

‐

No 7) Please identify and describe any existing national guidelines or studies regarding pollution

prevention and control (supporting BAT implementation) scheme in your country. Have

they been introduced in the national context? Are they used or taken into account in the

permitting procedures? If so, please explain how.

For instance, at EU level, BREFs (BAT reference document) are the main reference documents used by competent authorities in Member States when issuing operating permits for the installations that represent a significant pollution potential in Europe. Identify and describe existing guidelines on environmentally‐friendly techniques on best environmental practices in your country and explain how they are introduced in the national context. 8) Is your National Competent Authority(ies) regarding pollution prevention and control

informed about the development of environmentally friendly techniques? If so, explain

how.

According to article n.11 of the IPPC Directive: “EU Member States shall ensure that the competent authority follows or is informed of developments in best available techniques”.

34

Please indicate and specify if your National Competent Authority is aware of the development and implementation of environmentally friendly techniques and how. 9) How do national and local laws guarantee the access to information and public

participation in the permitting procedure?

According to article n.15 of the IPPC Directive: “EU Member States shall ensure that the public concerned is given early and effective opportunities to participate in the procedure for issuing a permit for new installations, issuing a permit for any substantial change and updating of a permit or permit conditions for an installation”. Please specify how the national and local laws/procedures guarantee the access to information and public participation in the permitting procedure.

2. ADMINISTRATIVE ANALYSIS

This part of the questionnaire aims at studying the administrative procedures for the granting of environmental permits in the MPC (e.g. permitting procedure, simplifications, etc.), with a focus on dairy and textile sectors. Before answering the following questions, please read the specifications in order to better understand what each question means. Please provide detailed answers (when applicable), not exceeding 20 lines per each question. 1) Please describe the permitting procedure in your country.

Describe, on a schematic way, main steps of the permitting procedure in your country. For this description, and if possible, take into account the permitting procedure for the first issue for new and existing installations and the permitting procedure in the case of renewal of the permits and time previewed per each kind of issuing. 2) If more than one competent authority is involved in the environmental permitting

procedure, which measures are adopted in your Country to integrate their activities?

The intervention/action is provided by one single authority (e.g. Department of

Environment, etc.) in order to guarantee coordination, agility and simplification One unique control procedure that develops the coordination mechanisms among

the different authorities is provided A unique permit that guaranteed the contribution of all agencies is provided Specific acts/laws/tools regulate this case Others (please specify or add any additional comment):

‐

‐

3) What are the data and documents requested by the permitting procedure for the issue of

an environmental permit?

Describe which kind of documentations and information the enterprises must submit to the Competent Authority(ies) to obtain an environmental permit. To this end, propose a

35

list of information and documents (technical and administrative) requested with a short description (for new and existing installations and in the case of renewal of permits). 4) If possible, please describe the contents of the technical documents requested in the

permitting procedure.

Specify and describe which technical information is requested to the companies (for new and existing installation and in the case of renewal of permits).

5) Please indicate which aspects you consider in the establishing of Emission Limit Values in

the permits

Limits established in the national laws Technical characteristics of the installation to be authorised Geographical location of the installation to be authorised Local conditions of the environment around the installation Others (please specify or add any additional comment):

6) Are there simplifications in the permitting procedure for particular categories of companies

and/or specific sectors (dairy and textile)? If so, which are these companies involved in the

simplifications?

At EU level, in some Member States the companies with a certified Environmental Management System (ISO 14001, EMAS) receive an environmental permit with a longer duration. Please specify if in the permitting procedure the companies can submit documents just elaborated for the certified system (e.g. Environmental Statement elaborated according to EMAS Regulation).

7) What is the amount of the public fares that the companies must pay for the cost of the

administrative procedure in your country?

Specify the kind of public fares and the beneficiaries of these amounts (local authorities, national level, etc.). Specify if these fares are fixed with a national decree by the Competent Authority(ies). If possible, specify the differences between the first issue and the followings. 8) How many institutions and/or organisations are involved in the permitting procedure in

your country?

Specify the kind of institution and/or organisation (municipality, province, region, local health authority or other), the number and their nature (e.g. control authority) and role (binding or not).

Municipality; No.: ; Nature: ; Binding: Yes No Province; No.: ; Nature: ; Binding: Yes No Region; No.: ; Nature: ; Binding: Yes No Local; No.: ; Nature: ; Binding: Yes No Local health authority; No.: ; Nature: ; Binding: Yes No

36


‐

‐

9) How many environmental permits have been issued by the Competent Authority(ies) in

relation with the total installations ?

In case this information is available, specify for your country and for dairy and textile sectors the percentage of issued environmental permits.

10) What is the foreseen duration of an environmental permit?

11) Please describe the system and procedures related to legal and administrative sanctions.

12) Does criteria exist by Competent Authority(ies) for planning the frequency of inspections?

Specify if the Competent Authority(ies) establish criteria/rules for planning the frequency of inspections

13) Has the Competent Authority(ies) carried out specific activities at national, regional or local

level to assure a common approach and to include homogeneous contents in the

environmental permits?

E.g.: national/regional/local committees to discuss about problems and different approaches in the permitting procedure, regional or local guidelines, etc. Yes

If yes, please indicate the scope:

National committees Regional committees Local Committees Others (please specify or add any additional comment):

‐

‐

No

14) Have training initiatives been carried out for the public officers dealing with the issue of the

environmental permits?

Specify what kind of initiatives has been carried out and, if possible, provide quantitative information (e.g. number of initiatives).

15) What is the number of competent officers/staff belonging to the institutions and/or

organisations involved in the permitting procedure?

Specify the number.

37

3. CONTROL AND INSPECTION SYSTEM ANALYSIS

The objective of this part of the questionnaire is to analyse the system to control and follow‐up of environmental issues (measuring methodology, frequency and evaluation procedures for the compliance with Emission Limit Values) in the environmental permits. Before answering the following questions, please read the specifications in order to better understand what each question means. Please provide detailed answers (when applicable), not exceeding 20 lines per each question. 1) As regards control and inspection system:

The frequency of control and inspection activities is planned according to the

environmental relevance of the companies to be inspected The frequency of control and inspection does not take into account the

environmental relevance of the companies Others (please specify or add any additional comment):

2) What are the Competent Authority(ies) created or designated for the inspection and

control procedures in your country? How many are them?

List and briefly describe the Competent Authority(ies) created or designated for the inspection and control procedures in your country.

3) How many planned on‐site inspections must be carried out in each installation during the

validity period of the environmental permit?

Specify if the number of the foreseen inspections per installation is specified by the Competent Authority(ies) in the environmental permit or in a legislative act, and if there are differences in the number of inspections foreseen by different Competent Authorities operating in the same national/regional/local context.

4) What is the amount of the public fares that companies must pay for inspection procedure?

Specify the kind of public fares and the beneficiaries of these amounts (local authorities, national level, etc.). Specify if these fares are fixed with a national decree or at regional/local level by the Competent Authority(ies).

5) Is there any reduction of these fares for particular categories of companies (e.g. small

companies, companies certified according to ISO 14001 or registered in EMAS) or for

specific sectors (dairy and textile)? If so, please specify.

6) What kinds of non‐compliances have been most frequently identified by Control

Authorities?

Specify the kind of non‐compliances (non‐compliance ELV, non‐regular data transmission, non‐compliance with the requirements contained in the environmental

38

permit, dissimilarity from the management of measuring instruments –incorrect positioning, operating calibration, maintenance of instruments‐, others). Non‐compliance ELV Non‐regular data transmission Non‐compliance with the requirements contained in the environmental permit Dissimilarity from the management of measuring instruments –incorrect positioning Operating calibration Maintenance of instruments Others (please specify or add any additional comment):

7) What is the number of competent officers/staff belonging to the Competent Authority(ies)

in the Control and Inspection System?

39

SOCIAL ISSUES 1. SOCIAL GROUPS AFFECTED BY POLLUTION PREVENTION AND CONTROL SCHEME

The contribution of different social groups (workers and unions, ONGs, business and industrial associations, etc.) in the effectiveness of the implementation of best practices in pollution prevention and control, corporate environmental management, in strict compliance with environmental legislation and in the promotion of alternative processes, techniques and use of substances with relevant environmental impact is very important. In this sense, the participation of different social groups plays an important role on the application of the pollution prevention and control scheme. The potential of this scheme to move towards sustainable production patterns that result, in turn, in improved health and safety of the companies affected by it, as well as in environmental quality, is very important. Thus, social groups aware of this scheme can help facilitate the implementation of measures and actions related to it. Before answering the following questions, please read the specifications in order to better understand what each question means. Please provide detailed answers (when applicable), not exceeding 20 lines per each question.

1) Which are main social groups affected by pollution prevention and control scheme in your

country?

Workers Trade unions ONGs Business associations Industrial associations General population Others (please specify or add any additional comment):

2) How are these social groups affected by the pollution prevention and control scheme in

your country?

Per each one of the social groups identified in previous question, explain how they are affected by the pollution prevention and control scheme and the (possible) impacts of its application in your country (e.g. growing environmental awareness of citizens and workers, development of new environmental management tools, development of new environmental management tools, etc.). Growing environmental awareness of citizens and workers Development of new environmental management tools Development of new environmental management tools Others (please specify or add any additional comment):

40

3) Which problems may these social groups face in the application of the pollution prevention

and control scheme in your country?

Per each one of the social groups identified in previous question, explain the problems they may face in the application of the pollution prevention and control scheme in your country (e.g. insufficient human and technical resources, poor quality of administrative and/or technical background information, difficult access to information and public participation in the permitting procedure, etc.) Insufficient human and technical resources Poor quality of administrative and/or technical background information Difficult access to information and public participation in the permitting procedure Others (please specify or add any additional comment):

4) Have these social groups carried out specific activities at national, regional or local level to

assure a right knowledge on the pollution prevention and control scheme in your country?

Per each one of the social groups identified in previous question, explain the activities carried out in order to assure the application of the pollution prevention and control scheme in your country (e.g.: national/regional/local committees to discuss about problems and different approaches in the permitting procedure, specific activities in the companies regarding environmental management systems, etc.).

5) Which kind of initiatives or activities could be carried out to promote and spread the

pollution prevention and control scheme in your country?

Per each one of the social groups identified in previous question, explain the activities that could promote and help understand the pollution prevention and control scheme in your country (e.g.: national/regional/local committees to discuss about problems and different approaches in the permitting procedure, specific activities in the companies regarding environmental management systems, etc.).

6) How public actors and social groups sustain and support firms in order to encourage them

to act in a more sustainable way?

Promotion of actions to increase the awareness and knowledge of environmental

problems, risks and impacts Promotion of actions to increase the awareness of potential benefits of

environmental management and the “environmental behaviour” Dissemination of adequate environmental information, tools and training

41

Promotion of forums/meetings to discuss problems and different approaches about environmental aspects and management

Increase the cost‐effectiveness of environmental policy, reducing administrative costs for SMEs and thus freeing resources to increase compliance

Share best practices and initiatives about pollution prevention approach Others (please specify or add any additional comment):

Tunisian National Analysis of the policy and legislative ...policy and legislative frameworks...

Documents

Transcript of Tunisian National Analysis of the policy and legislative ...policy and legislative frameworks...