Policy Context
Emissions from industrial installations have been subject to EU-wide legislation for some time. Prior to the adoption of the IED, this legislation included:
- Directive 2008/1/EC (the original version of the IPPC Directive was adopted in 1996 (Directive 96/61/EC).) concerning integrated pollution prevention and control (IPPC Directive) which sets out the main principles for the permitting and control of installations based on an integrated approach and the application of best available techniques (BAT);
- sectoral Directives relating to large combustion plants (2001/80/EC), waste incineration (2000/76/EC), activities involving the use of organic solvents (99/13/EC) and the treatment of waste from the titanium dioxide industry (78/176/EEC, 82/883/EEC, 92/112/EEC) which regulate the emissions of installations from certain industrial sectors. These Directives define specific requirements for certain pollutants for the installations concerned.
In 2005, the European Commission launched a review of the EU industrial emissions legislation with a view to ensuring its environmental and cost-effectiveness. The review involved an extensive programme of ten studies and continuous and structured consultation with stakeholders.
Based on a detailed analysis of the outcome of the review process, the Commission identified four specific problems:
- insufficient implementation of BAT leading to limited progress in the prevention and reduction of industrial emissions and to distortion of competition due to large differences in environmental standards;
- limitations with regard to compliance, enforcement and environmental improvements that hinder environmental effectiveness and the stimulation of innovation;
- unnecessary administrative burdens due to the complexity and inconsistency of parts of the current legal framework;
- insufficient scope and unclear provisions of the current IPPC Directive that could hinder the achievement of the objectives set in the Commission's Thematic Strategies (Air Pollution, Soil Protection, and Prevention and Recycling of Waste).
The review resulted in the publication of a proposal for a Directive on industrial emissions in December 2007, aimed at strengthening the provisions already in force and reducing emissions from a wide range of industrial activities throughout the EU. In addition, the Commission also published a number of accompanying documents:
The Environment Council reached a political agreement on the IED in June 2009 and its Common Position on the IED was formally adopted in February 2010. Following further discussions and amendments, the European Parliament adopted a compromise package agreed with the Council at its Plenary Session on 7 July 2010. The text of the Directive was formally approved by the Council on 8 November 2010, published in the Official Journal on 17 December 2010 and came into force on 6 January 2011. Member States were required to transpose the Directive into national legislation by 7 January 2013.