Analysis of the reports submitted by Member States on the implementation of directive 2008/1/EC, Directive 2000/76/EC, Directive 1999/13/EC and further development of the web platform to publish the information Draft report on subtask 3: Analysis of Member States implementation of IPPC and WI Directives – Annex A: Member States IPPC factsheets Report to the European Commission Unrestricted Commercial Issue1 April 2010 Unrestricted Analysis of the reports submitted by the Member States Framework contract No. ENV/C.4/FRA/2007/0011 Draft Report Title Analysis of the reports submitted by the Member States and the further development of the web platform to publish the information Customer European Commission Customer reference ANV.C.4/FRA/2007/0011 Confidentiality, copyright and reproduction Unrestricted File reference Reference number Marie Leverton AEA Gemini Building Harwell IBC Didcot OX110QR UK t: 0870 190 2817 f: 0870 190 5545 AEA is a business name of AEA Technology plc AEA is certificated to ISO9001 and ISO14001 Author Name Approved by Name Signature Date AEA Energy & Environment iii Unrestricted Analysis of the reports submitted by the Member States Framework contract No. ENV/C.4/FRA/2007/0011 Draft Report Table of contents Annex A iv 5 AEA Unrestricted Analysis of the reports submitted by the Member States Framework contract No. ENV/C.4/FRA/2007/0011 Draft Report Annex A Annex A sets out the detailed overviews of the Member States responses to the questionnaire. For each Member State a individual fact sheet is drafted containing: - The main text given in the response to each qualitative question by means of a short summary. This short summary presents the most relevant information provided by the MS in relation to each question. The responses of the Member States are compared with the data given in the previous reporting exercise, to see whether important changes have been made during this reporting period. The questions are structured using the 5 main categories, used in the reporting tool. The qualitative questions are further split into subcategories providing an overview of specific practical approach and experiences of the Member States for each of the main categories. - Presentation of the Member States quantitative data in tables; - The completeness table, which indicates the degree to which the answers comply with the requirements of the questionnaire. The method described in the main report is used; - A summary on the status of implementation. This summary describes whether or not all requirements are implemented into a functional and effective practical systems. In particular the recent progress since the previous reporting made by the MS is assessed and the implementation issues solved are enlightened. These fact sheets were presented to the Member States for approval. All comments, clarifications and additional information provided by the Member States were taken into account. These fact sheets are used as the basis for the analysis made in previous chapters. AEA Group 5 Unrestricted Analysis of the reports submitted by the Member States Framework contract No. ENV/C.4/FRA/2007/0011 Draft Report Sweden Overview of the answers The table below presents the detailed analysis of Sweden’s responses to each question of the questionnaire, by means of a short summary or standardised answer where appropriate. Comments regarding the adequacy of the answers in relation to the requirements of the questionnaire are added where necessary. AEA Group 6 Unrestricted Analysis of the reports submitted by the Member States Framework contract No. ENV/C.4/FRA/2007/0011 Draft Report Table 1: Sweden – overview of the answers Question number – sub question reporting tool 1 Main category Subcategory: approach or experiences Summary of MS response Comments Question (Q) Category: general description Subcategory: National legislation and legal provisions 1.1 1.3 Have any significant changes been made since the last reporting period (2003-2005) to national or sub-national legislation and to the permitting system(s) that implement Directive 2008/1/EC? No. Remarks - Reference to legislation (2003-2005) - No answer. Level at which legislation apply - No answer. Please describe the changes in 2006-2008 - Please describe the reasons for these changes - Reference to new legislation or legislative framework - Describe any legally binding measures or administrative plans established to ensure compliance with the requirements referred to in Article 5(1) by 30 October 2007 (See answer to question 4.1 in 2003-05 report.) AEA Group In 2005, the operators had to submit an environmental report specifying how all the requirements would be met by 30 October 2007. The report also evaluated the extent to which the existing permits or other binding documents of the installation covered the 7 Unrestricted Analysis of the reports submitted by the Member States Framework contract No. ENV/C.4/FRA/2007/0011 Draft Report Question number – sub question reporting tool Main category Subcategory: approach or experiences Summary of MS response Comments Question (Q) requirements and contained conditions on release monitoring and abnormal operations. The competent authority had to evaluate the report and all the binding documentation referred to the operation of the installation and review the permit, where necessary, to ensure compliance no later than 30 October 2007. (Ordinance 2004:989). 1.4 Have operators been obliged to submit, or could competent authorities request from operators the submission of, permit applications for this purpose? No. Remarks The competent authorities can request an examination of the permit conditions, to ensure the permit meets the requirements referred in Art. 5(1) of the IPPC Directive. 1.4.1 If Yes, please explain: - 1.5 Describe any changes made since the last reporting period in the organizational structure of the permitting procedures (levels of authorities, distribution of competencies, etc.): Are there changes considering the involved competent authorities? Remarks - 1.5.1 If Yes, please explain: Certain activities previously examined by the environmental court in first instance, are now examined by the county administrative board for permit purposes and vice versa. 1.6 Are there any particular difficulties in ensuring full co-ordination of the permitting procedure and conditions, especially where more than one competent authority is involved, as required by Article 7? No. Remarks (See answer to question 6 in 2003-05 report.) For IPPC activities the competent authority is either: the Environmental Court (A activities), or the County Administration (B activities), Other authorities (Environment Protection Agency, Administrative AEA Group 8 Unrestricted Analysis of the reports submitted by the Member States Framework contract No. ENV/C.4/FRA/2007/0011 Draft Report Question number – sub question reporting tool Main category Subcategory: approach or experiences Summary of MS response Question (Q) Services Agency, Rescue Services Agency, county administration, municipal board, and board of Fisheries) may also be party to the case to look after specific environmental and public interests and comment during the case. - 1.6.1 If Yes, please explain: 1.7 Are there any legislation or guidance documents produced on this issue? No. Remarks - 1.7.1 If Yes, please explain: - 1.8 What legal provisions, procedures or guidance are used to ensure that competent authorities refuse to grant a permit in cases where an installation does not comply with the requirements of Directive 2008/1/EC? If the application is not complete, than the examining authority may reject the application (Chapter 22, Section 2 of the Environmental Code). 1.9 Comments Have permits been refused so far? If the requested activity is not in accordance with the BAT or the general rules of the Environmental Code, Chapter 2, than the application must be rejected. However, under certain circumstances the government may still approve the activity (Environmental Code, Chapter 2, Sections 910). Yes. Remarks - If available, give information on the numbers and circumstances in which permits have been refused (optional): - AEA Group No answer. 9 Unrestricted Analysis of the reports submitted by the Member States Framework contract No. ENV/C.4/FRA/2007/0011 Draft Report Question number – sub question reporting tool 1.9.1 Main category Summary of MS response Comments Total numbers of permits that have been refused within the reporting period - No answer. Circumstances in which permits have been refused - No answer. Have Member States experienced any difficulties in implementing the Directive 2008/1/EC associated with the availability and capacity of staff resources? No. Answer in contradiction with remark. Remarks Difficulties in implementing art. 5(1) of the IPPC Directive for all installations. 1.2.1 If yes, Describe these difficulties, for instance illustrated as appropriate by data on current resources. - No answer. 1.2.2 If yes, Describe any plans to address these difficulties. - No answer. 2 Category: Permit application and determination process 1.9.2 Subcategory: approach or experiences Question (Q) Subcategory: Specific Member States approach Subcategory: Experiences of Member States 1.2 Subcategory: National legislation and legal provisions 2.1 Describe any general binding rules, guidance documents or application forms produced to ensure that applications contain all the information required by Article 6, either generally or in relation to specific issues (e.g. methodology for the assessment of significant emissions from installations). AEA Group (See answer to question 5 in the 2003-05 report.) The content of permit applications is specified in national legislation (Environment Code, chapter 19 and 22). The competent authority may also prescribe conditions by virtue of the provisions of art. 3 of IPPC Directive (Environment Code, 10 Unrestricted Analysis of the reports submitted by the Member States Framework contract No. ENV/C.4/FRA/2007/0011 Draft Report Question number – sub question reporting tool Main category Subcategory: approach or experiences Summary of MS response Comments Question (Q) chapter 2). The requirements depend to a great extent on the type and extent of the activity in each individual case. The competent authority must supervise and continuously assess whether the conditions are adequate (Environmental Code, chapter 26). If the competent authority finds the application incomplete, it will order the applicant to rectify the deficiency by a specific deadline. The application undergoes a procedure, in accordance with established long-standing practice, in which the application is submitted to various authorities to judge whether the application needs to be supplemented before the case is notified for evaluation. 2.2 Describe any general binding rules or specific guidelines for competent authorities that have been issued on the following issues: 2.2.1 the procedures and criteria for setting emission limit values and other permit conditions 2.2.2 the general principles for the determination of best available techniques (See answer to question 7.2.1 in the 2003-05 report.) ELVs and other permit conditions are set for IPPC installation as required by the national legislation. In addition, a large number of general binding rules concerning ELVs, protective and precautionary measures for different types of activities also apply. The competent authorities are obliged to ensure that permit conditions are thoroughly examined and that all documentation required for consideration is available. BREF documents are also taken into account, while the national requirement for BAT goes much further than the IPPC Directive’s application of BAT. (See answer to questions 7.1, 7.2.1d and 7.2.2 in the 2003-05 report.) BREFs, research reports, general advice and handbooks issued by various expert authorities, as well as trade information sheets are used for the determination of BAT. 2.2.3 the implementation of Article 9(4) (See answer to question 7.2.5 in the 2003-05 report.) National legislation provides for the consideration of the technical characteristics of the installation, its geographical location, and the local environmental conditions when determining permit conditions. However, the technique to be used, may also be AEA Group 11 Unrestricted Analysis of the reports submitted by the Member States Framework contract No. ENV/C.4/FRA/2007/0011 Draft Report Question number – sub question reporting tool Main category Subcategory: approach or experiences Summary of MS response Comments Question (Q) specified in the conditions. 2.13 For which categories of installations and which requirements, if any, have general binding rules been established, as provided for by Article 9(8)? (Q 8.1.1) Provide reference to the general binding rules. 2.14 What form do such rules take (e.g. who establishes them and what legal status do they have)? Who establishes them? AEA Group Combustion installations with a rated thermal input exceeding 50 MW. → Emissions of NOx, SO2 and dust from combustion plants with a rated thermal input of 50 MW or more; EPA rules NFS 2002:26. → VOC emissions caused by use of organic solvents in certain activities and plants, EPA rules NFS 2001:11. Storage of inflammable liquids in open tanks in fields, EPA rules NFS 2003:24. → Discharge of industrial waste water containing certain substances, EPA rules NFS 1995:7. → Storage, processing, recycling and disposal of waste comprising electrical and electronic products, EPA rules NFS 2005:10. → Waste combustion, Ordinance SFS 2002:1060 and EPA rules NFS 2002:28. → Landfill of waste, Ordinance 2001:512 and EPA rules NFS 2004:10. → Handling of inflammable waste and organic waste, EPA rules NFS 2004:4. → Own checks and measuring and sampling in certain activities, Ordinance SFS 1998:901 and EPA rules NFS 2000:15. → Checks on discharges of NOx and SOx to the air from combustion in fixed installations, EPA rules NFS 1991:4. Installations for the incineration of municipal waste (household waste and similar commercial, industrial and institutional wastes) with a capacity exceeding 3 tonnes per hour. See Ordinance SFS 2002:1060 and EPA rules NFS 2002:28 Binding rules. Frequently it is possible for examining or supervisory authorities to set more stringent requirements. In some case it is possible to derogate from requirements in individual cases. The Government or an authority authorised to do so by the Government. 12 Unrestricted Analysis of the reports submitted by the Member States Framework contract No. ENV/C.4/FRA/2007/0011 Draft Report Question number – sub question reporting tool Main category Subcategory: approach or experiences Summary of MS response Comments Question (Q) What legal status do they have? Binding to operators. Remarks - When applying such rules, is provision still made for taking into account the local factors (mentioned in Article 9(4))? Yes. Remarks - 2.16 If known, how many installations (either as an absolute number or a percentage) were subject to these rules by the end of the reporting period? - No answer. 2.18 How do competent authorities decide in practice, under Article 12, whether a “change in operation” may have consequences for the environment (Article 10), and whether such a change is a “substantial change” which may have significant negative effects on human beings or the environment (Article 11)? (See answer to question 11.2 in the 2003-05 report.) (See answer to question 11.1 in the 2003-05 report.) No description added. 2.15 2.20 Is the frequency of reconsideration and, where necessary, updating of permit conditions (Article 13) specified in national or sub-national law? AEA Group of substantial The competent authority examines the permit application or notification submitted, which both have to include the necessary information for an assessment to be made. The threshold for changes, for which a permit is not required, is significantly lower than in the IPPC Directive. Not only the impacts but also the extent of the change is assessed, which means that an increase in production always requires a permit. National legislation stipulates that changes intended for IPPC installations may not be realised without a permit or notification (minor changes do not apply). A description of what constitutes a substantial change is included in legislation. In such cases, the competent authority must be notified in order to examine the proposed change. Since July 2005, a revision permit is issued in the case of a change in an installation. A simplified procedure for insubstantial changes, is in place. No. 13 changes Unrestricted Analysis of the reports submitted by the Member States Framework contract No. ENV/C.4/FRA/2007/0011 Draft Report Question number – sub question reporting tool Main category Subcategory: approach or experiences 2.22 Comments Question (Q) Remarks 2.21 Summary of MS response Is there a time limit in the permits? (See answer to question 12.2 in the 2003-05 report.) The frequency is not set by national law, however, it is prescribed that competent authorities may carry out a review (but are not bound to) when 10 years have elapsed from issuing a permit (or 4 years for certain activities). The competent authority is required to continuously assess the sufficiency of the permit conditions granted, and initiate reconsideration if necessary, for example based on the examination of the annual environmental reports that all operators have to submit. No. Remarks It is possible to put a time limit on permits (Chapter 16, Section 2 of the Environmental Code), but this is not normally done. If determined by other means: What are those other means? (See answer to question 12.2 in the 2003-05 report.) See 2.20. Give reference to relevant legislation, guidance or procedures (See answer to question 12.1 in the 2003-05 report.) See 2.20. 2.24 What does the process of reconsidering and updating permit conditions consist of? (See answer to question 12.1 in the 2003-05 report.) No answer to question. See 2.20. 2.25 How is the provision to reconsider permit conditions in cases of substantial changes in the best available techniques implemented? Substantial changes to BAT are a reason for re-examining permit conditions. Give reference to relevant legislation, guidance or procedures Environmental Code, Chapter 24, Section 5(1), (7), (8) and (10). Subcategory: Specific Member States approach AEA Group 14 Unrestricted Analysis of the reports submitted by the Member States Framework contract No. ENV/C.4/FRA/2007/0011 Draft Report Question number – sub question reporting tool 2.3 Main category Subcategory: approach or experiences Summary of MS response Question (Q) How, in general terms, is the information published by the Commission pursuant to Article 17 taken into account generally or in specific cases when determining best available techniques? 2.4 How are the BREFs concretely used for setting permit conditions? 2.5 Are the BREFs (or part of them) translated? (See answer to question 7.2.1c in the 2003-05 report.) BREFs are used as a basis for the competent authorities' decision on choosing the appropriate BAT for each case, together with information from other international organisations. The BREFs are used as laid down in Annex IV to the IPPC Directive. They are not specifically used for setting permit conditions. Nor are they produced for that purpose. No. If available, provide a weblink on where these translations can be found - Have environmental management systems been taken into account in setting permit conditions? No. Remarks - If Yes, please explain how - 2.9 What types of permit conditions or other measures have typically been applied for the purposes of Article 3(f) (site restoration upon definitive cessation of activities) and how have they been implemented in practice? The submission of a closure plan: in advance of the cessation of all or part of the activity. to the supervisory authority for its approval. containing necessary measures to avoid any pollution risk and to return the site of operation to satisfactory state. 2.10 What types of permit conditions relating to energy efficiency have typically been determined (Article 3(d))? Permit conditions focus on e.g.: a limitation of the energy consumption/use. the installation of energy-friendly techniques. the submission of an energy plan, regular energy audits and energy reporting. Sometimes these conditions fall under the general condition that 'the undertaking must be operated in the way the undertaking 2.8 Comments AEA Group 15 Unrestricted Analysis of the reports submitted by the Member States Framework contract No. ENV/C.4/FRA/2007/0011 Draft Report Question number – sub question reporting tool Main category Subcategory: approach or experiences Summary of MS response Comments Question (Q) indicated or committed to in the dossier'. 2.11 2.12 2.17 2.23 How has the possibility set in Article 9(3) to choose not to impose requirements relating to energy efficiency been used? All installations covered by EU ETS were subject to requirements relating to energy efficiency. Remarks The possibility has not been used. Have any steps been taken to ensure that, in accordance with Article 11, competent authorities follow or are informed of developments in best available techniques? Yes. Remarks - If so, provide details Letters have been sent to the competent authorities containing information on the content of the BREFs, their legal status and where they can be found. If not, what plans are there to meet this requirement? - Have cases arisen where Article 10 applies and the use of best available techniques is insufficient to satisfy an environmental quality standard set out in Community legislation (as defined in Article 2(7))? What is the representative frequency (or expected representative frequency) for the reconsideration of permit conditions? No (not for the 2006-08 reporting period). No clear answer. Answer in contradiction with remark?!? Not possible to provide representative frequency. Subcategory: Experiences of Member States AEA Group 16 Unrestricted Analysis of the reports submitted by the Member States Framework contract No. ENV/C.4/FRA/2007/0011 Draft Report Question number – sub question reporting tool 2.6 Main category Subcategory: approach or experiences Summary of MS response Question (Q) How useful, as a source of information for determining emission limit values, equivalent parameters and technical measures based on the best available techniques, is the information published by the Commission pursuant to Articles 17? How could it be improved? Depending on the BREF: not useful ↔ very useful (as a source of information when establishing BAT in individual cases). Note: The information in the BREFs is not intended to be used directly to establish emission conditions. The production of new BREFs will be affected by the changed role which BREFs appear to have in the Directive on industrial emissions. 2.19 How many applications for ‘substantial changes’ were determined during the reporting period? Provide the data by activity type, referring to the template and notes laid down in part 2. No answer. Not only 'substantial' changes are subject to a permit under Swedish rules. If a change is not to be subject to a permit, it must be a 'minor' change and it must not result in the possibility of a nuisance to human health or the environment. 3 Category: Compliance and enforcement 2.7 Comments No clear answer. No answer to question. Subcategory: National legislation and legal provisions 3.4 Give reference to any specific regulations, procedures or guidelines for competent authorities on this subject. Ordinance (1998:901) on operators' in-house checks. Ordinance (1998:908) on supervision under the Environmental Code. EPA rules SNFS 2006:9 on the environmental report, Handbook 2001:3 on in-house checks, Handbook 2001:4 on operational supervision. EPA rules NFS 2000:15 on the implementation of measurements and sampling in certain activities. Guidance on the EPA rules on environmental reports (6.3.2009). Subcategory: Specific Member States approach 3.1 How do operators regularly inform authorities of the results of release monitoring? Remarks Reporting is increasingly being done electronically, e.g. to the Swedish environmental portal (SMP). From 2007 all activities subject to permit have been able to submit their annual environmental report electronically. AEA Group electronically - on-line database. Information on paper. 17 Unrestricted Analysis of the reports submitted by the Member States Framework contract No. ENV/C.4/FRA/2007/0011 Draft Report Question number – sub question reporting tool 3.2 Main category Subcategory: approach or experiences Summary of MS response Question (Q) Provide information on the representative frequency for the submission of such information. Remarks Relatively large activities report monthly as well as annually. Is a periodic monitoring report submitted by operators? Yes. Remarks See 3.2. 3.5 To the extent available, and if not submitted in the reporting under the Recommendation providing for minimum criteria for environmental inspections in the Member States, provide representative information, as regards installations falling under the scope of Directive 2008/1/EC, on the carrying-out of on-site inspections and the taking of samples (type, number, frequency). Reference made to the information submitted under the Recommendation. 3.6 What types of actions (e.g. sanctions or other measures) have been taken as a result of accidents, incidents and non-compliance with permit conditions. Warning notice. Order remediation. Fine or penalty. Inform prosecutor. (temporary) Restriction or suspension of activity. Suspension or revocation of (part of) permit. Closure of activity. 3.3 Comments Annual. More frequently than annually. No clear answer. Subcategory: Experiences of Member States 3.5.1 (Optional) If available, provide the total number of site visits during the reporting period. 2006: 2007: 2008: - No answer. 3.5.2 (Optional) If available, provide the number of installations where site visits took place. 2006: 2007: 2008: - No answer. AEA Group 18 Unrestricted Analysis of the reports submitted by the Member States Framework contract No. ENV/C.4/FRA/2007/0011 Draft Report Question number – sub question reporting tool 3.5.3 3.5.4 4 Main category Subcategory: approach or experiences Summary of MS response Comments Question (Q) (Optional) Are samples taken during site visits? (Optional) If available, provide information on the type and number of samples taken. No. The operational supervisory authority may require that samples be taken by independent consultants at the expense of the operator. - Category: Access to information, public participation and transboundary cooperation Subcategory: National legislation and legal provisions 4.1 What, if any, significant changes have there been since the last reporting period to transposing legislation providing for information and participation of the public in the permit procedure, as required by Directive 2008/1/EC (Articles 15 and 16) ? Significant changes. If there have been significant changes, please describe these Act (2005:581) on environmental information held by certain individual bodies has been added. The act permits the public to have access to environmental information kept by 'fishery conservation and game conservation associations, water management associations and other private bodies, if the information relates to an activity operated by the private body which constitutes the performance of a public management duty'. In addition, non-State environmental protection organisations' right to appeal has been extended by an amendment to Chapter 16, Section 13 of the Environmental Code. Under the new provisions they may also appeal against, e.g. rulings and decisions concerning individual conditions or amendments to conditions (Chapter 24, Section 8 of the Environmental Code), the permissibility of an activity (Chapter 22, Section 26), and the re-examination and revocation of permits (Chapter 24, Sections 3 and 5 respectively, of the Environmental Code). AEA Group 19 Unrestricted Analysis of the reports submitted by the Member States Framework contract No. ENV/C.4/FRA/2007/0011 Draft Report Question number – sub question reporting tool Main category Subcategory: approach or experiences Summary of MS response Comments Question (Q) Subcategory: Specific Member States approach Subcategory: Experiences of Member States 4.2 4.3 If there have been significant changes, what has been the effect upon competent authorities, permit applicants and the public concerned of the amended requirements? Other. Remarks More information is accessible since even some private bodies are covered by the duty to provide information. The general rule is that information should be provided in the required form. Have there been instances in the reporting period of the use of Article 18 requirements in respect of transboundary information and cooperation? No. If Yes, provide examples illustrative of the general procedures used. 5 Category: Other Subcategory: National legislation and legal provisions Subcategory: Specific Member States approach 5.3 What measures have been taken within national or sub-national legislation or administrative arrangements to increase coherence between implementation of the Directive 2008/1/EC and other instruments? Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment AEA Group No answer. - 20 Unrestricted Analysis of the reports submitted by the Member States Framework contract No. ENV/C.4/FRA/2007/0011 Draft Report Question number – sub question reporting tool 5.4 Main category Subcategory: approach or experiences Summary of MS response Comments Question (Q) Council Directive 96/82/EC on the control of major accident hazards involving dangerous substances - Council Directive 1999/13/EC on the limitation of emissions of volatile organic compounds due to the use of organic solvents in certain activities and installations Council Directive 1999/31/EC on the landfill of waste - Directive 2000/60/EC of the European Parliament and of the Council establishing a framework for Community action in the field of water policy - Directive 2000/76/EC of the European Parliament and of the Council on the incineration of waste - Directive 2001/80/EC of the European Parliament and of the Council on the limitation of emissions of certain pollutants into the air from large combustion plants - Directive 2003/87/EC of the European Parliament and of the Council establishing a scheme for greenhouse gas emission allowance trading - Regulation (EC) No. 166/2006 of the European Parliament and of the Council establishing the European Pollutant Release and Transfer Register - Other: - Have measures been introduced at national or sub-national levels to streamline the reporting requested by competent authorities from operators under the Directive 2008/1/EC and other Community instruments? Remarks No. AEA Group - 21 Unrestricted Analysis of the reports submitted by the Member States Framework contract No. ENV/C.4/FRA/2007/0011 Draft Report Question number – sub question reporting tool Main category Subcategory: approach or experiences Summary of MS response Comments Question (Q) If yes, (Optional) If available, provide reference to such measures, and any possibilities that you see for improvement of the EU requirements in this area. - Subcategory: Experiences of Member States 5.1 How do Member States generally view the effectiveness of Directive 2008/1/EC, inter alia in comparison with other Community environmental instruments? Effective tool in combating industrial pollution. Remarks - 5.2 Based on relevant studies and analysis, if available, what have been the estimated environmental benefits and costs (including administrative and compliance costs) of implementing the Directive 2008/1/EC? Give references to these studies and analyses. - 5.3 What is your practical experience regarding the interface between the permitting requirements under the Directive 2008/1/EC and other Community instruments which can apply to installations falling under scope of Directive 2008/1/EC? No answer. Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment - Council Directive 96/82/EC on the control of major accident hazards involving dangerous substances - Council Directive 1999/13/EC on the limitation of emissions of volatile organic compounds due to the use of organic solvents in certain activities and installations Council Directive 1999/31/EC on the landfill of waste - AEA Group No answer. - 22 Unrestricted Analysis of the reports submitted by the Member States Framework contract No. ENV/C.4/FRA/2007/0011 Draft Report Question number – sub question reporting tool 5.5 Main category Subcategory: approach or experiences Summary of MS response Comments Question (Q) Directive 2000/60/EC of the European Parliament and of the Council establishing a framework for Community action in the field of water policy - Directive 2000/76/EC of the European Parliament and of the Council on the incineration of waste - Directive 2001/80/EC of the European Parliament and of the Council on the limitation of emissions of certain pollutants into the air from large combustion plants - Directive 2003/87/EC of the European Parliament and of the Council establishing a scheme for greenhouse gas emission allowance trading - Regulation (EC) No. 166/2006 of the European Parliament and of the Council establishing the European Pollutant Release and Transfer Register - Other: - Are there any particular implementation issues that give rise to concerns in your country? No. Remarks - If yes, please specify - AEA Group 23 Unrestricted Analysis of the reports submitted by the Member States Framework contract No. ENV/C.4/FRA/2007/0011 Draft Report Member State quantitative data The table below presents the data related to ‘Numbers of installations and permits’ (question 2.1 of the original questionnaire). Installation type Installation type based on Annex I activity to Directive 96/61/EC Permits for new installations 1. No. Of new installation at the end 2008 2. No. of permits granted by end 2008 Permits for existing installations 3. No. of existing installations operating at end 2008 4. No. of permits granted under Arts. 6 and 8 by end 2008 5. No. of IPPC permits reconsidered but not updated by end 2008 6. No. of permits reconsidered and updated by end 2008 Other data 7. No., if any, of outstanding permits at end 2008 (in conflict with Directive) 8. No; of installations (1+3) 9. No of applications for ‘substantial changes’ determined during the reporting period 1. Energy 1.1. Combustion 1.2 Mineral oil and gas refining 1.3. Coke ovens 1.4. Coal gasification and liquefaction 2. Ferrous metals 2.1. Metal ore roasting/sintering 2.2. Producing pig iron or steel 2.3 (a) Hot-rolling mills 2.3 (b) Smitheries 2.3 (c) Applying fused metal coats 2.4. Foundries 2.5 (a) Producing non-ferrous crude metals 2.5 (b) Smelting non-ferrous metals AEA Group 24 Unrestricted Analysis of the reports submitted by the Member States Framework contract No. ENV/C.4/FRA/2007/0011 Draft Report Installation type Installation type based on Annex I activity to Directive 96/61/EC Permits for new installations 1. No. Of new installation at the end 2008 2. No. of permits granted by end 2008 Permits for existing installations 3. No. of existing installations operating at end 2008 4. No. of permits granted under Arts. 6 and 8 by end 2008 5. No. of IPPC permits reconsidered but not updated by end 2008 6. No. of permits reconsidered and updated by end 2008 Other data 7. No., if any, of outstanding permits at end 2008 (in conflict with Directive) 8. No; of installations (1+3) 9. No of applications for ‘substantial changes’ determined during the reporting period 2.6. Surface treatment of metals and plastic 3. Minerals 3.1. Producing cement or lime 3.2. Producing asbestos 3.3. Manufacture of glass 3.4. Melting minerals 3.5. Manufacture of ceramics 4. Chemicals (see note 8) 4.1. Producing organic chemicals 4.2 Producing inorganic chemicals 4.3 Producing fertilisers 4.4 Producing plant health products/biocides 4.5 Producing pharmaceuticals 4.6 Producing explosives 5. Waste 5.1. Disposal or recovery of hazardous waste 25 Unrestricted Analysis of the reports submitted by the Member States Framework contract No. ENV/C.4/FRA/2007/0011 Draft Report Installation type Installation type based on Annex I activity to Directive 96/61/EC Permits for new installations 1. No. Of new installation at the end 2008 2. No. of permits granted by end 2008 Permits for existing installations 3. No. of existing installations operating at end 2008 4. No. of permits granted under Arts. 6 and 8 by end 2008 5. No. of IPPC permits reconsidered but not updated by end 2008 6. No. of permits reconsidered and updated by end 2008 Other data 7. No., if any, of outstanding permits at end 2008 (in conflict with Directive) 8. No; of installations (1+3) 9. No of applications for ‘substantial changes’ determined during the reporting period 5.2. Incineration of municipal waste 5.3. Disposal of non-hazardous waste 5.4. Landfills 6. Other 6.1 (a) Producing pulp (b) Producing paper and board 6.2. Pretreatment or dyeing of fibres or textiles 6.3. Tanning hides and skins 6.4. (a) Slaughterhouses 6.4 (b) Treatment and processing of food products 6.4 (c) Treatment and processing of milk 6.5. Disposal or recycling of animal carcasses 6.6 (a) Intensive rearing of poultry 6.6 (b) Intensive rearing of production pigs AEA Group 26 Unrestricted Analysis of the reports submitted by the Member States Framework contract No. ENV/C.4/FRA/2007/0011 Draft Report Installation type Installation type based on Annex I activity to Directive 96/61/EC Permits for new installations 1. No. Of new installation at the end 2008 2. No. of permits granted by end 2008 Permits for existing installations 3. No. of existing installations operating at end 2008 4. No. of permits granted under Arts. 6 and 8 by end 2008 5. No. of IPPC permits reconsidered but not updated by end 2008 6. No. of permits reconsidered and updated by end 2008 Other data 7. No., if any, of outstanding permits at end 2008 (in conflict with Directive) 8. No; of installations (1+3) 9. No of applications for ‘substantial changes’ determined during the reporting period 6.6 (c) Intensive rearing of sows 6.7. Surface treatment using organic solvents 6.8. Producing carbon or electrographite Totals conditional formatting columns 1 cell turns red when > than column 2 cell turns red when > than column 4 cell turns red when > than column 4 cell turns red when > than column 4 cell turns cell turns cell turns orange when orange when orange when sum (5,6,7,8) > sum (5,6,7,8) > sum (5,6,7,8) > than column 4 than column 4 than column 4 cell turns red when > than column 4 cell turns orange when sum (5,6,7,8) > than column 4 27 Unrestricted Analysis of the reports submitted by the Member States Framework contract No. ENV/C.4/FRA/2007/0011 Draft Report Analysis of completeness Table presents the level of completeness of the report of Sweden Table 2: Sweden – Completeness analysis table Question number, subquestion Level of completeness Comments 1.1 The answer is not complete. No reference made to legislation 2003 - 2005. Level at which legislation applies is not mentioned. 1.2 Answer in contradiction with remark/No answer provided. 1.3 1.4 1.5 1.6 1.7 1.8 1.9 The answer is not complete. Numbers and circumstances in which permits have been refused are not mentioned (answer however optional). 2.1 2.2 2.3 2.4 2.5 2.6 2.7 No clear answer. 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 28 No clear answer. Answer in contradiction with remark?!? Unrestricted Analysis of the reports submitted by the Member States Framework contract No. ENV/C.4/FRA/2007/0011 Draft Report Question number, subquestion 2.16 Level of completeness Comments No answer provided (answer however optional). 2.17 2.18 No description of substantial changes added. 2.19 No answer to question. 2.20 2.21 2.22 2.23 2.24 No answer to question. 2.25 3.1 3.2. 3.3 3.4 3.5 No clear answer/No answer provided (answer however optional) 3.6 4.1 4.2 4.3 5.1 5.2 No answer provided. 5.3 No answer provided. 5.4 5.5 29 Unrestricted Analysis of the reports submitted by the Member States Framework contract No. ENV/C.4/FRA/2007/0011 Draft Report Analysis of implementation status Sweden provides a concise overview of the national legislation and the legal provisions in place to ensure compliance with the IPPC Directive (including art 5(1)). Some of Sweden’s answers are however not clear/complete (see table above). In Sweden, no significant changes have been made since the last reporting period (2003 - 2005) to national legislation and to the permitting system(s) that implement the IPPC Directive. Sweden does not make reference to the legislation in 2003 - 2005 (question 1.1) and does not mention the level at which the legislation applies. Sweden has experienced no difficulties in implementing the IPPC Directive associated with the availability and capacity of staff resources. Regarding the permit application and determination procedures, Sweden describes all relevant procedures, criteria and general principles. In general, the BREFs are regarded as not useful - useful, depending on the BREF. BREFs are however not specifically used for setting permit conditions. Ways to improve their usefulness/practicability are not mentioned. Regarding the follow-up of developments in BAT by competent authorities, Sweden has taken steps. Letters containing information on the content of BREFs and their legal status are sent to the competent authorities. Regulations, procedures, guidelines to ensure compliance with permit conditions and enforcement are in place. Operators are obliged to report the results of release monitoring at the minimum annually. Operators of relatively large activities are obliged to report monthly. Information regarding on-site inspections and taking of samples was not made available (question 3.5). Regarding information, public participation and transboundary cooperation significant changes have been made in Sweden since the previous reporting period, changes related to the availability of environmental information to the public and the right to appeal against e.g. individual permits conditions and the permissibility of an activity. In general, Sweden views the IPPC Directive as an effective tool in combating industrial pollution. 30 Unrestricted Analysis of the reports submitted by the Member States Framework contract No. ENV/C.4/FRA/2007/0011 Draft Report The Gemini Building Fermi Avenue Harwell International Business Centre Didcot Oxfordshire OX11 0QR Tel: 0845 345 3302 Fax: 0870 190 6138 E-mail: info@aeat.co,uk www.aeat-env.com 31