Opinion of the Committee of the Regions on the Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions On the Road to Sustainable Production Progress in implementing Council Directive 96/61/EC concerning integrated pollution prevention and control
Date: 2004-04-22
Institutions: European Committee of the Regions
Subjects: EU environmental policy, application of EU law, environmental law, environmental standard, harmonisation of standards, pollution control measures, prevention of pollution

30.4.2004

EN

Official Journal of the European Union

C 121/45

Opinion of the Committee of the Regions on the ‘Communication from the Commission to the
Council,
the European Economic and Social Committee and the
Committee of the Regions “On the Road to Sustainable Production” Progress in implementing
Council Directive 96/61/EC concerning integrated pollution prevention and control’

the European Parliament,

(2004/C 121/10)

THE COMMITTEE OF THE REGIONS,

Having regard to the Communication from the Commission to the Council, the European Parliament, the
European Economic and Social Committee and the Committee of the Regions entitled ‘On the Road to
Sustainable Production - Progress in implementing Council Directive 96/61/EC concerning integrated
pollution prevention and control’ (COM(2003) 354 final);

Having regard to the decision of the European Commission of 19 June 2003 to consult it on this subject,
under Article 265(1) of the Treaty establishing the European Community;

Having regard to the decision of its President of 23 January 2003 to instruct its Commission for Sustain-
able Development to draw up an opinion on this subject;

Having regard to the European Commission's White Paper on environmental liability (COM(2000) 66 final)
and the Proposal for a Directive of the European Parliament and of the Council on environmental liability
with regard to the prevention and remedying of environmental damage (COM(2002) 17 final - 2002/0021
(COD));

Having regard to the European Community's sixth environment action programme entitled ‘Environment
2000: Our future, our choice’;

Having regard to the Commission's decision of 31 May 1999 on the questionnaire mentioned in Directive
96/61/EC on integrated pollution prevention and control (IPPC);

Having regard to its draft opinion (CdR 332/2003 rev.1) adopted on 5 March 2004 by the Commission
for Sustainable Development (rapporteur: Mr José Macário Correia, Chairman of Tavira Municipal Council
(PT, EPP));

Whereas:

1.

2.

3.

4.

5.

Directive 96/61/EC on integrated pollution prevention and control
is based on an integrated
approach to the industrial permit procedure and the establishment of emissions ceilings based on
the best available techniques;

the deadline for the adoption of the best available techniques and for compliance with all the other
requirements for the installations covered is 30 October 2007 (1);

in order to achieve the objectives which have been set and to comply with the Directive, both the
operators and the competent authorities have to bear in mind the time needed for upgrading the
existing installations and for carrying out the necessary action at a sufficiently early stage;

there are indications that many Member States and the majority of the accession countries need to
step up their efforts and speed up progress towards this objective;

the mechanisms for applying the Directive interact with the areas of responsibility falling to the
regional and local authorities responsible for monitoring, managing and issuing environmental
permits,

unanimously adopted the following opinion at its 54th plenary session, held on 21 and 22 April 2004
(meeting of 22 April)

(1) This does not apply to installations in the applicant countries which have been granted an additional transition

period beyond 2007.

C 121/46

EN

Official Journal of the European Union

30.4.2004

Views and recommendations of the Committee of the
Regions

The Committee of the Regions

1.
reiterates the observation made in the Commission's
communication that in some Member States and the majority
of
the applicant countries, a high level of environmental
protection - which is the overriding objective of the Directive -
can only be achieved if the authorities in charge of implemen-
tation make a greater commitment
to this and engage in
constructive interaction with plant operators and other stake-
holders;

considers it essential to step up cooperation, research and
2.
the exchange of information and the best available techniques
(mechanisms which will determine the progress and success of
the Directive), and therefore calls for this sector to be accorded
special importance within the framework research programme;

3.
deems it essential that an interim assessment be carried
out of the application and implementation of the Directive in
order to back up any additional measures which might be
taken, as well as the future development of the policy;

supports the Commission in the extensive European
4.
consultation process (which has already been launched) as
regards matters of implementation, an analysis of the situation

Brussels, 22 April 2004

and an evaluation of the first official reports. This consultation
and analysis procedure will allow a thorough assessment to be
carried out of compliance with the Directive and will check out
the need for any additional action to achieve its objectives;

5.
warns that, if it is concluded that the flexibility of the
current system - whereby Member States can set their own
emission limit values – is not successful, it will then be neces-
sary to adopt a more harmonised approach. This could create
more difficulties, on the one hand for those operators who do
not have sufficient resources to make the changes to their
systems required by the new standards, and on the other for
the regional and local administration bodies who will have to
provide particular assistance here in monitoring the situation
and issuing permits. In order to deal with this problem, it is
important that the structural funds available be used for this
purpose, given that delays in the environmental sector are
causing industrial competitiveness to lag dangerously behind
the rest of the world;

6.
proposes that, when devising new actions, a major role
entailing active cooperation be assigned to the regions and
local authorities, in keeping with the subsidiarity principle, and
importance be attached to pinpointing and allo-
that special
cating the administrative and financial resources necessary for
implementing and monitoring the Directive at regional level.

The President

of the Committee of the Regions

Peter STRAUB