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

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
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Table of contents

Annex A 5

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

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.

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.


Lithuania

Overview of the answers

The table below presents the detailed analysis of Lithuania’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.

27

AEA Group

Unrestricted Analysis of the reports submitted by the Member States

Framework contract No. ENV/C.4/FRA/2007/0011 Draft Report

Table 1: Lithuania – overview of the answers

Question number – sub question reporting tool / Main category
Subcategory: approach or experiences
Question (Q) / Summary of MS response / Comments /
1 / Category: general description
Subcategory: National legislation and legal provisions
1.1 / 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? / Yes.
Remarks / Reasons:
·  Amendment on reconsideration and updating of permit conditions, regarding greenhouse gas emissions (accounting and monitoring).
(Orders No D1-503 of 31-10-2006 (Official Gazette, 2006, No 120-4571) and No D1-516 of 09-10-2007 (Official Gazette, 2007, No 106-4358) of the Minister for the Environment)
·  Inadequate transposition of the IPPC directive into national legislation (based on comments of the European Commission).
·  Inadequate public participation in permit procedure (based on the conclusions of the Aarhus Convention Compliance Committee in relation to the legal proceedings concerning the issue of the integrated permit to the Kazokiškės household waste land-fill of Vilnius).
(Orders No D1-660 of 06-12-2007 (Official Gazette, 2007, No 133-5410) and No D1-693 of 29-12-2008 (Official Gazette, 2009, No 1-12) of the Minister for the Environment)
Reference to legislation (2003-2005) / - / No answer.
Level at which legislation apply / National.
Please describe the changes in 2006-2008 / Amendment of existing legislation.
Please describe the reasons for these changes / ·  The legislation did not yet fully comply with the IPPCD requirements.
·  Part of an overall revision of the environmental legislative framework.
Reference to new legislation or legislative framework / - / No answer.
1.3 / 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 / Art. 5(1) of the IPPC Directive has been transposed into national legislation.
(Clause 2.4 of the Order No D1-330 of 29-06-2005 of the Minister for the Environment (Official Gazette, 2005, No 103-3829))
The regional environmental departments (RED) have been granted a statutory right to require that operators obtain an integrated permit in a timely manner.
(Art. 512 of the Administrative Infringements Code of the Republic of Lithuania - Construction, reconstruction, development, commissioning and the use of objects of economic and other purposes in violation of environmental requirements)
Administrative plans specifying the course and the timeframe for the submission of applications for an integrated permit have been established by the RED.
1.4 / Have operators been obliged to submit, or could competent authorities request from operators the submission of, permit applications for this purpose? / Yes.
Remarks / -
1.4.1 / If Yes, please explain: / Art. 5(1) of the IPPC Directive has, as said before in § 1.3, been transposed into national legislation.
(Clause 2.4 of the Order No D1-330 of 29-06-2005 of the Minister for the Environment (Official Gazette, 2005, No 103-3829))
The RED have been granted a statutory right to require that operators obtain an integrated permit in a timely manner.
(Art. 512 of the Administrative Infringements Code of the Republic of Lithuania - Construction, reconstruction, development, commissioning and the use of objects of economic and other purposes in violation of environmental requirements)
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? / No (changes have been made).
Remarks / -
1.5.1 / If Yes, please explain: / -
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 / Integrated permits, in respect of the industrial activities listed in Annex 1 of the IPPC Directive, are issued by the RED, subordinated to the Ministry of Environment.
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? / The requirements to the content of an application are established (IPPC rules, Chapter IV, Clauses 13-24).
The essential term for the issue of a permit are specified (IPPC rules, Clause 48)
The RED shall pass the decision to issue the permit only having satisfied itself that:
·  That the activities carried out will not violate the environmental quality standards,
·  The operator is properly prepared to satisfy all terms and conditions of the permits,
·  The operator is technically and economically capable implement the measures on saving the natural resources, minimizing waste and accident prevention established under the permit,
·  The operator that is under obligation in an established manner to obtain the permit for greenhouse gas emissions has undertaken to declare the ATL in an established manner and within the specified time-limits.
1.9 / Have permits been refused so far? / Yes.
Remarks
If available, give information on the numbers and circumstances in which permits have been refused (optional): / 1
The operator, although under obligation, failed to perform an environmental impact assessment.
1.9.1 / Total numbers of permits that have been refused within the reporting period / 1
1.9.2 / Circumstances in which permits have been refused / The operator, although under obligation, failed to perform an environmental impact assessment.
Subcategory: Specific Member States approach
Subcategory: Experiences of Member States
1.2 / Have Member States experienced any difficulties in implementing the Directive 2008/1/EC associated with the availability and capacity of staff resources? / Yes.
Remarks / -
1.2.1 / If yes, Describe these difficulties, for instance illustrated as appropriate by data on current resources. / Certain RED in charge of preparing the integrated permits at the beginning of this accounting period did experience certain difficulties associated with the availability and capacity of staff, specifically in applying in practice the BREFs. Therefore, training exercises were organized for the staff of the RED. Such training is organized on a regular basis and planned to be hosted in the future.
1.2.2 / If yes, Describe any plans to address these difficulties. / ·  Raise staff capacity.
·  Other: Train staff.
2 / Category: Permit application and determination process
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). / Art. 6 of the IPPC Directive has been transposed into national legislation.
(IPPC Rules, Section IV, approved by Order No 80 of 29 February 2002 of the Minister for Environment, and IPPC Rules, Annex 4 containing a model form for the permit application.)
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 / Art 9(4) of the IPPC Directive (‘ELVs are based on the BAT, but taking into account the technical characteristics of the installation concerned, its geographical location and the local environmental conditions’.) is transposed into national legislation (IPPC rules, Clause 12.1)
ELVs are set in accordance with the BREFs. Where, in respect of any specific activity, a BREF has not yet been prepared or ELVs have not yet been established at EU level, the ELVs are set in accordance with the valid pollutant emission and environment quality norms (standards) and the international obligations assumed by the Republic of Lithuania, having regard to the technical and economical feasibility (capabilities of the operator) and the local environmental conditions. In this case the ELVs established by national legislation are used as minimum requirements.
(IPPC Rules, Clause 43.3.3)
Methods for the determination of ELVs have been established. These methods are to be followed by the RED in the event the ELVs cannot be determined on the basis of a BREF.
(IPPC Rules, Annex 3)
2.2.2 / the general principles for the determination of best available techniques / The RED examine whether the techniques employed by an operator comply with the requirements specified in the EU GPGB documents.
The criteria used to determine the BAT are specified in the national legislation.
(IPPC Rules, Annex 6)
Art. 10 of the IPPC Directive is transposed into national legislation.
(IPPC Rules, Clause 12.1) / No complete answer.
Criteria for determination of BAT are not mentioned.
2.2.3 / the implementation of Article 9(4) / See 2.2.1. / No translation provided.
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. / No general binding rules have been established.
2.14 / What form do such rules take (e.g. who establishes them and what legal status do they have)? / -
Who establishes them? / General binding rules should be established by the Ministry of Environment or an institution subordinate thereto.
What legal status do they have? / -
Remarks / -
2.15 / When applying such rules, is provision still made for taking into account the local factors (mentioned in Article 9(4))? / -
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? / 0
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)? / A ‘substantial change’ in economic activity/operation is a change that under a reasoned decision of the RED (having regard to the nature in the change of the economic activity or the operation of the installation, by defining, analyzing and projecting any substantial adverse effects upon human beings and the environment) is recognized as having or potentially having a substantial negative impact upon human beings or the environment.
(In accordance with Art. 2(11) of the IPPC Directive)
Any change in the economic activity/operation shall be treated as ‘substantial’ where, following such change the activity falls under the List of Annex 1 of the IPPC Rules and complies with the limit values provided for in the Annex, where such limit values exist.
(IPPC Rules, Clause 5.3)
2.20 / Is the frequency of reconsideration and, where necessary, updating of permit conditions (Article 13) specified in national or sub-national
law? / No. / Should be “yes” instead of “no”, looking at additional remarks.
Remarks / The RED
·  periodically,
·  and in case of installations covered by Annex 1 to the IPPC Rules, not less frequently than once every 12 months,
revise the terms of the permits and assess whether the activities carried out by the operator comply with the terms and the requirements of other legal acts, and, having identified the basis for the renewal or amendment of the permit, notify the operator of its duty to renew or amend the permit.