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The legal b ackground for implementing the IPPC, EPER, and PRTR Protocol Requirements. Orsolya Adamovics Department for Conservation of Environment Ministry of Environm e nt and Water adamovics@mail.kvvm.hu. I. History & Structure.
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The legal background for implementing the IPPC, EPER, and PRTR Protocol Requirements Orsolya Adamovics Department for Conservation of Environment Ministry of Environment and Water adamovics@mail.kvvm.hu
I. History & Structure • Since April 1988 – environmental & nature protection under ministerial governance; Ministry of Environment and Water was founded • In summer 1990 – water management was separated; few months of Ministry of Environmental Protection • In autumn 1990 – environmental & nature protection tasks were extended; Ministry of Environment and Regional Development was founded • In 1998 – some tasks were transferred; Ministry of Environmental Protection was established • From 2002 – water affairs were transferred again to Ministry of Environment and Water
I. History & Structure • Ministry of Environment and Water – central governing body • Sectoral, expert management and regulatory tasks • Responsible for policy development, tasks connected to governmental work and international collaboration • Ministry’s regional institutions – 10 environmental, nature and water authorities – first instance authorities • National Inspectorate for Environment, Nature and Water – second instance
II. 96/61/EC „IPPC” Directive • Integrated approach - most important principle of the modern environmental protection • Answer - 96/61/EC Directive on integrated pollution prevention and control • Protect the whole environment and not only certain medium • New permitting procedure for large, polluting activities
II. 96/61/EC „IPPC” Directive Main principles: • Reduction of emissions at the source instead of „end-of-pipe” technologies • Application of BAT • New elements, e.g. energy efficiency, minimizing of waste production • Integrated permitting procedure instead of separate procedures
II. Legislative background Act LV of 2001 on the modification of certain acts with environment protection purpose (modification of Act LIII of 1995 on the general regultions of the environment protection) • Introduce new definitions • Sets the place of the new permit Gov. Decree 20/2001 (II.14.) on the environmental impact assessment and Gov. Decree 193/2001 (X.19.) on the integrated permitting procedure After coordination – Gov. Decree 314/2005 (XII.25.) on the environmental impact assessment and the integrated permitting procedure • Shortening, flexibility, simplification
II. Legislative background • Permitting authority – regional environment, nature and water authorities • IPPC permit covers all the environmental media aspects • In case of IPPC permit, all permits to be issued by the environmental authority shall be part of the integrated permit
III. 2000/479 EPER decision • Art 15 (3) of 96/61/EC Directive declared: „An inventory of the principal emissions and sources responsible shall be published every three years by the Commission on the basis of the data supplied by the Member States.” • 2000/479/EC EPER Decision • The details of the inventory were laid down • Established a European Pollutant Emission Register according to the IPPC Directive
III. 2000/479 EPER decision • 2000/479/EC EPER Decision (cont.) • MS must reported to the Commission every 3 years • Emissions into air and water from all individual facilities with one ore more activities • Annexes specifiy all pollutants, treshold values, format for reporting, activities, definition used • Legal status in Hungary • no EPER related legislation was required, data were collected from yearly incoming media specific environmental reports • 1st EPER report in Jan 2004 was submitted to EC (it was not obligatory, HU was not MS yet)
IV. PRTR Protocol • The Protocol on Pollutant Release and Transfer Registers (PRTR) was adopted by the Parties to the Aarhus Convention on 21 May 2003 • 36 States and the European Community has signed • This was the 1st legally binding international instrument on pollutant release and transfer registers • Legal basis in the Convention can be found in Art 5 paragraph 9 and Art 10 paragraph 2
IV. PRTR Protocol • The PRTR should be based on a reporting scheme that is: • Mandatory • Annual • Multimedia (air, water, land) • Facility-specific • Pollutant-specific for releases • Pollutant-specific or waste-specific for transfers • Minimum requirements, Parties are free to include additional pollutants and facilities
IV. PRTR Protocol • Future: • EPER Decision was removed from active acquis • 166/2006/EC E-PRTR Regulation has adopted • Implementation in Hungary • New E-PRTR Gov. Decree (amendment of present regulations, e.g. on surface water, air) • New Ministerial Decree • New softwer and database
V. Useful Web-sites • Ministry for Environment and Water:www.kvvm.hu • www.ippc.hu • http://eper-prtr.kvvm.hu • http://eper.ec.europa.eu • European IPPC Bureau: eippcb.jrc.es