More Difficult than Finding the Way Round Chinatown? The IPPC Directive and its Implementation

Abstract

The narrow and broad meanings of "integrated pollution and prevention control"; background to the IPPC Directive. The substantial provisions — purpose, scope of application, the integrated approach, the basic operator obligations, the integrated permit system, emission limit values, best available techniques and environmental quality standards, transboundary effects; Community ELVs. Evaluation of the Directive as providing considerable potential for innovation but vague and ambiguous in certain respects, the degree of flexibility afforded to Member States weakening the potential impact. Implementation of the Directive: the BATs information exchange, the polluting emissions register, the experts group and the reporting committee. The state of implementation in the Member States, varying between those which had already adopted an integrated approach, those which had sectoral approaches and those with less well defined approaches. The consequences of non-implementation. Implementation in Germany: conflicts between the Directive and German law; the plan to implement the Directive by means of a new Comprehensive Environmental Code and the suspension of this process while constitutional obstacles are resolved; interim solution. Conclusion that it is too early to judge whether the Directive is a success or a failure; much depends on how Member States give effect to it; the high degree of apparent willingness. The experience that, although there may be difficulties, IPPC is achievable.