WRITTEN QUESTION No. 1409/98 by Ursula SCHLEICHER to the Commission. Transposition of the IPPC Directive
Date: 1998-05-11
Institutions: European Parliament, SCHLEICHER
Subjects: EC Directive, EU publication, anti-pollution device, dissemination of EU information, national implementing measure, pollution control, pollution control measures, prevention of pollution

C 402/128

Official Journal of the European Communities

EN

22.12.98

(98/C 402/168)

WRITTEN QUESTION E-1408/98

by Helwin Peter (PSE) to the Commission

(11 May 1998)

Subject: Planned factory outlet mall in Zweibr(cid:252)cken

On 7 October 1997, in response to my Written Question E-2966/97 (1), the Commission said that it had asked the
German authorities for their comments and that it would decide what action to take in the light of their reply. Has
it now received those comments? If so, what action has it decided to take, or alternatively, when may we expect a
decision?

(1) OJ C 134 30.4.1998, p. 46.

Answer given by Mr Van Miert on behalf of the Commission

(8 June 1998)

The matter has been the subject of several exchanges of correspondence with the German authorities and is not
yet closed.

Most recently, the Commission wrote to the Federal Government on 11 May 1998 requesting it to supplement the
information it provided on 16 March 1998.

(98/C 402/169)

WRITTEN QUESTION E-1409/98

by Ursula Schleicher (PPE) to the Commission

(11 May 1998)

Subject: Transposition of the IPPC Directive

The IPPC Directive (96/61/EC) of 24 September 1996 (1) must be transposed into the national law of the Member
States of the European Union by 30 October 1999. A crucial element of that Directive is the principle of the (cid:145)best
available techniques(cid:146) (BATs). As far as I am aware, the European IPPC Office in Seville is to draw up a definition
of BATs, provide the relevant documentary evidence for that definition and publish its content.

The IPPC Directive cannot be properly applied in the Member States until the definition of BATs is available.

What progress on this issue has the European IPPC Office in Seville made to date, and when may we expect the
definition of BATs to be published?

(1) OJ L 257, 10.10.1996, p. 26.

Answer given by Mrs Bjerregaard on behalf of the Commission

(19 June 1998)

The deadline for transposition into national legislation of Council Directive 96/61/EC concerning integrated
pollution prevention and control (IPPC) is indeed 30 October 1999, and the principle of (cid:145)best available
techniques(cid:146) (BAT) is a crucial element. It is not true, however, that the European IPPC bureau in Seville is to
draw up a definition of BAT.

The term (cid:145)best available techniques(cid:146) is comprehensively defined in Article 2(11) of the Directive, and only this
definition is valid for determining the legal obligations introduced by the Directive.

The European IPPC bureau in Seville does have a role in the information exchange on BAT organised by the
Commission pursuant to Article 16(2), which will result in the publication by the Commission of BAT reference
documents (BREFs). These documents, however, have no legal status except insofar that the information they
contain must be taken into account when determining best available techniques in accordance with Annex IV of
the Directive.