March 2007
INDUSTRIAL REFORM AND DEVELOPMENT OF
POLICIES AND LEGISLATION FOR
APPLICATION OF BEST AVIALABLE TECHNICS
TOWARDS REDUCTION OF NUTRIENTS AND
DANGEROUS SUBSTANCES.
Final Report
AUTHORS
PREPARED BY:
Ramboll Danmark A/S
Ekopen s.r.o. Slovakia
AUTHORS:
AUTHORS:
Prepared by Eleonora Bartkova, Stanislav Kosina, Danka Thalmeinerova, Martina Vagacova
Checked by Thomas H. Owen
Approved by
Rambøll Danmark A/S
Teknikerbyen 31
DK-2830 Virum
Ekopen
Ltd.
Ekopen
Leskova 8
811 04 Bratislava
Industrial Reforms and Policies - Final Report
page 3
TABLE OF CONTENTS
1. INTRODUCTION.....................................................................................................10
1.1.
Terms of Reference .............................................................................................10
1.2. Project
Context...................................................................................................10
1.3. Component
Reports ............................................................................................11
2. METHODOLOGY .....................................................................................................13
2.1. Legislation,
institutional
arrangements, implementation and enforcement ..................13
2.1.1. Legislation ......................................................................................................13
2.1.2. Institutional Arrangements................................................................................14
2.1.3. Implementation and Enforcement ......................................................................14
2.2. BAT
Impact........................................................................................................15
2.3. BAT
Implementation Road Maps ...........................................................................16
2.4. Workshops
and Dissemination ..............................................................................18
2.4.1. Training Needs Analysis ....................................................................................18
2.4.2. DRP Training Guidelines ....................................................................................18
3. THE
PROJECT OUTPUTS..........................................................................................20
3.1.
Review of policy, legislation and enforcement.........................................................20
3.2.
Impact of the ICPDR BAT Sector Recommendations ................................................22
3.3.
Road Maps for BAT implementation .......................................................................23
3.4.
Impact of BAT implementation on DRB Pollution Reduction ......................................25
3.5. Workshops
and Dissemination ..............................................................................26
3.5.1. Serbia ............................................................................................................26
3.5.2. Moldova..........................................................................................................27
3.5.3. Bosnia
Herzegovina ..........................................................................................28
3.6. Project
Output Summary .....................................................................................29
ANNEX 1
Report on Review of Policy, Legislation and Enforcement (separate report)
ANNEX 2
Road Map for Implementation of Best Available Techniques in Bosnia Herzegovina
Moldova, Serbia and Ukraine (separate report)
ANNEX 3
Training Documentation
Annex 4
The impact of BAT implementation analysis
UNDP/GEF DANUBE REGIONAL PROJECT
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ABBREVIATIONS
AT Austria
BA Bosnia-Herzegovina
BAT
Best Available Techniques
BG Bulgaria
BREF
Best Available Techniques Reference Documents
CP
Contracting Parties of the Danube River Protection Convention
HR Croatia
CZ Czech
Republic
DE Germany
DRB
Danube River Basin
DRP
Danube Regional Project
DRPC
Danube River Protection Convention
DSD
the Dangerous Substances Directive 76/464/EEC
EC European
Commission
EMIS
Emission Inventory made by ICPDR
EMIS/EG
Emission Expert Group of ICPDR
ELVs Emission
Limit
Values
EPER
the European Pollution Emission Register
EQS
Environmental Quality standards
EU European
Union
GEF
Global Environmental Facility
HU Hungary
MD Moldova
ICPDR
International Commission for the Protection of the Danube River
IPPC Integrated
Pollution Prevention and Control
MS
Member States
P&M EG
Pressures and Measures Expert Group of ICPDR
PRTR
Pollutant Release and Transfer Registers
RO Romania
CS
Serbia and Montenegro
Sk Slovakia
SI
Slovenia
UA Ukraine
UNDP
United Nations Development Programme
UNIDO
United Nations Industrial Development Organisation
WFD Water
Framework
Directive
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Industrial Reforms and Policies - Final Report
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EXECUTIVE SUMMARY
This is the final report on "Industrial Reform and the Development of Policies and Legislation
Towards the Reduction of Nutrients and Dangerous Substances" of the UNDP-GEF the Danube
Regional Project (DRP), Phase 2 - Component 1.5: Industrial Reforms and Policies. It reviews
policies and identify gaps between EU and existing and future legislation for industrial pollution
control and enforcement mechanisms at the country level for 11 of the 13 countries of the Danube
River Basin (DRB). The remaining two, Austria and Germany, were already EU Member States at
the time the project was initiated.
Taking into account the expected revitalization of industries in the Danube River Basin countries,
the Project in Phase 1 focused on industrial policies and on a review of legislation in order to
ensure that environmental considerations are adequately taken into account and that mechanisms
for compliance are put in place. While Phase 1 of the Project also focused on the identification of
gaps and opportunities for reforms and measures, Phase 2 was been oriented towards the
development and implementation of targeted assistance programme to non-accession Danube
countries on industrial pollution reduction policy and regulatory frameworks including necessary
capacity building activities. Phase 2 also included analytical components to assess the impact of
ICPDR BAT Recommendations and to estimate the potential impact of the EU Integrated Pollution
Prevention and Control Directive on the Danube River Basin.
The Terms of Reference (ToR) included following tasks:
Analysis of Policy, Legislation and Enforcement - the objective of this activity is to obtain
information from the Contracting Parties of the International Commission for the Protection of the
Danube River (ICPDR) concerning new developments and progress achieved in the field of EU
legislation transposition, policy, implementation and enforcement using the Phase 1 results. These
are important tools for the reduction of industrial pollution in the Danube River Basin.
Impact of the (ICPDR) BAT Recommendation - the ICPDR Recommendations were developed
for four industries; the chemical industry, the chemical pulping industry, the food industry, the
paper making industry and the Recommendation on best available techniques (BAT) at Agricultural
Point Sources. A desk top assessment of the use of national and local authorities and other
beneficiaries of the recommendations was undertaken.
Developing 'Road Map' for BAT Implementation - This task involved assistance to the four
non-accession countries with developing policies and procedures consistent with the requirements
of the IPPC Directive for industrial pollution control and the development of a country specific 'road
map' for each of the 4 countries to implementing BAT.
Impact of the Integrated Prevention and Control Directive (IPPC) in the Danube River
Basin This task focused on preparation a short discussion paper reviewing the likely pollution
reduction (nutrients and dangerous substances) that would result with the implementation of the
IPPC Directive. This pragmatic assessment carried out based on existing data from the ICPDR's
inventories and other available data sources and identified emission reduction potentials within key
industrial sectors in the DRB.
Workshops and Dissemination Workshops oriented to BAT implementation in non-accession
countries in the region were conducted during which the dissemination of examples of good
practice of industrial pollution control throughout the DRB was provided. Particular attention was
paid to the transfer of concepts on nutrient and hazardous substance reduction from industrial
complexes to the four non-accession countries.
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There are two project component reports which are appended to this final report; a Report on
Review of Policy, Legislation and Enforcement and the Road Map Report for the Implementation of
Best Available Techniques in Bosnia and Herzegovina, Moldova, Serbia and Ukraine which provides
individual road maps for implementation of BAT in those DRB states which are not EU members.
The Policy and Institutional Analysis Report was completed in February 2006 and reflects the
situation in each of the countries as of that date. The Road Map Report was completed in August
2006. In addition more detail with respect to the BAT workshops is also contained in an appendix.
FINDINGS
The Analysis of Policy, Legislation and Enforcement was carried out using the Phase 1 results
as a starting point and new information gained from the particular countries based on updated
matrices. The structure of the matrices was developed on the basis of EU legislative requirements
and implementation in the DRB taking into account the objectives of the Industrial Policy Project.
The analysis of the institutional structure shows that, all of the countries have permitting,
inspection and monitoring in place, generally based upon the requirements of the EU IPPC
Directive, however, the specifics differ on a country by country basis. Monitoring of industrial
discharges and hazardous substances needs to be improved generally based upon the information
gathered in the project.
The analysis of legislation resulted in the identification of three groups of countries. The first group
had fully adopted the EU legislation by May 1st 2004; the second group had partially adopted it.
For the third group it was not a major consideration in legislation development. The first group
became Member States in May 2004; the second includes those in the accession process two of
which will become Member States on January 1, 2007, and the third group is comprised of those
not yet involved in the accession process. The majority of the Danube countries will be using the
EU Directives in their national legislation and the remaining countries are being encouraged to
follow a similar process to provide a consistent approach for the entire Danube River Basin through
their commitment to the ICPDR to implement the Water Framework Directive. EU funding
programmes also encourage legislative consistency in non EU countries.
The process of implementation of BAT varies among Member States. The Member States indicate
that the BAT Reference Documents (BREFs) are taken into account generally and in specific cases
when determining BAT. Some countries (HU, Sl, RO and BG) have established legal measures for
the adoption of the national BAT guidelines related to specific industries, based upon the BREFs.
The Impact of the ICPDR BAT recommendations has been positive as evidenced by the Czech
example which was the only example provided to the consultants for analysis by the ICPDR.
However, circumstances have changed with the widespread implementation of the IPPC Directive
to the extent that it may no longer be necessary for the ICPDR Recommendations to be used. It is
therefore reasonable to conclude that the future of BAT application in the DRB will be largely based
upon the IPPC BAT legal requirements.
Road Maps were provided for the four countries, Bosnia Herzegovina, Moldova, Serbia and
Ukraine.
A road map was designed for each of the non-accession countries using the policy and institutional
analysis of the project; a Strengths, Weaknesses, Opportunities and Threats (SWOT) analysis and
applying the lessons learned from other DRB countries. The road maps used the Water Framework
Directive timetable as a basis for scheduling future individual activities making the
recommendations consistent with other related ICPDR activities.
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The Road Maps reflect the existing situation in the countries and the Work Plans contain the
recommended steps which would allow the countries to achieve the necessary conditions for BAT
implementation including legislation, administration and enforcement.
The policy and institutional setting is unique to each country and therefore while each of the four
road maps have had similarities, particularly in the external environment, for example, the
influence of the EU WFD, they also reflect the individual circumstances of each of the countries.
In BA and Serbia the IPPC Directive has been transposed into national legislation and the BAT
concept is in place. However further implementation of the integrated permission process including
BAT reference documents still require improvement including additional capacity building. On the
other hand Moldova and Ukraine still need to adopt new legislation which will ensure the further
implementation of the integrated approach related to industrial pollution reduction and the
introduction and implementation of the BAT concept.
Common problems in targeted counties are an insufficient level of information concerning
discharges of dangerous substances and the lack of legally binding emission level values. Therefore
comprehensive surveys of all discharges of substances regulated by the IPPC Directive and priority
substances is recommended as the first step to be undertaken.
Workshops and Dissemination
Training workshops were held in Bosnia and Herzegovina, Moldova and Serbia. The workshop
content was designed to reflect both process and content issues. The process issues included
explicit recognition of the current situation with respect to BAT concept in each of the countries.
The content focus was dependent upon the industrial base of the country and ranged from food
processing to cement industries.
Secondary source analysis was used to identify the existing situation in each country followed by
site visits. The information was also reviewed and verified at each of the BAT workshops. Local
consultants were used to participate in the development of data and to organize and participate in
workshops. The local consultants are instrumental in the knowledge transfer during the execution
of the project and sustainability of project results beyond their specific contribution to the BAT
workshops. It is interesting to note that in the two countries where the local consultants were
members of consulting organizations other members of the organization also attended providing a
broader basis for further dissemination of the information and approaches provided in the
seminars.
The number of participants varied form 21 to 27 participants form local and central Environmental
Authorities dealing with the issuing of permits and inspection, representatives of major industry
and other relevant institutions. Participants were provided with training documents Training
Textbooks prepared specifically for each country. These materials contained information including a
general introduction to IPPC, monitoring in the integrated approach and reporting obligations.
Specifically with respect to BAT the BAT concept (objective, BAT related emission limit values),
BREFs and their use, BAT in the specific industry sectors was discussed. The participation level was
high both in the general sessions and the smaller working groups.
The overall quality of the workshops based upon participants evaluations ranged from good to
excellent. The participants ranked the most valuable part of the workshop as the experience in
using BREFs and BATs followed by the practical case studies and preparation of the application for
an integrated permit.
UNDP/GEF DANUBE REGIONAL PROJECT
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Impact of the Integrated Prevention and Control Directive (IPPC) in the Danube River
Basin
The estimate is based selected pilot IPPC installation case studies in two industrial sectors;
chemical and pulp and paper. The pulp and paper industry was selected, in part, because it is the
largest discharger of COD accounting for almost 50% of total discharges in the DRB (Emission
Inventory 2002).
The detailed information gathered from the two case studies provided the basic data on the
reduction of pollution and other impacts due to BAT implementation at the installation. This
information was then projected to provide a sector estimate and then aggregated to provide a
more general impact of impacts for the Danube River Basin as a whole.
The analysis shows clearly that the hypothesis of that BAT implementation will have a positive
impact on pollution reduction in the DRB is correct. The reduction of 50% estimated for COD for
the pulp and paper industry would result in an annual reduction of 26,653 t/a in that sector.
Applying the same calculation to total industrial COD discharges of 133,950 t/a (excluding Austria
and Germany) the reduction would be 66,975 t/a. As was mentioned in the introduction the
estimates are very preliminary and based upon the data available in the two case studies so
caution should be used in their use.
Results of these case studies were presented and discussed at a meeting of the Pressures and
Measures Expert Group of ICPDR to be used for future policy, programme and project
development.
Policy, Institutional and Enforcement Summaries
An industrial policy, institution and enforcement summary was produced for the 11 Danube River
Basin countries which were not EU Member States when the DRP was initiated.
The summaries are in a common updateable format which allows the ICPDR to understand the
similarities and differences among the countries in industrial policy implementation. Future ICPDR
programmes and projects can be designed based upon this information and the ICPDR should use
the summaries to monitor progress over time in the countries by requesting periodic updates from
the countries.
Preliminary Estimate of the Impact of the Implementation of BAT on Industrial Pollution
Reduction
A preliminary estimate of the potential for pollution reduction impact of the application of BAT was
produced for the DRB. The estimate can be used by the ICPDR to show the magnitude of positive
change which can be achieved through the application of BAT throughout the basin to encourage
the full application in all countries including those countries which do not have a specific legal
requirement to do so. The preliminary estimate should be monitored by the ICPDR against actual
reductions over time and modified as more detailed information becomes available.
Road Maps and BAT Implementation Work Plans for Bosnia Herzegovina, Moldova, Serbia
and Ukraine
The individual country road maps were developed using the existing, policy, institutional and
enforcement situation in each of the countries. The Road Map for each country plots the necessary
milestones and timelines along with actions to move the water protection and reduction of
industrial pollution forward through the application of BAT. This approach creates opportunities for
RAMBOLL & EKOPEN
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non accession countries as a way to drive and structure the planning process with respect to BAT
implementation. It allows them to identify the most important steps to improve environmental
protection to execute the tasks regarding the implementation of the Convention on Cooperation
for the Protection and Sustainable Use of the River Danube (DRBC), create more favourable
condition for investments in industry, and at the same time move closer to EU accession
requirements.
An integral part of the proposed Work Plan is the development and subsequent implementation of
the Pollution Reduction Programme which will contain measures focused on particular steps related
to its implementation. Therefore the detailed country recommendations for implementation of BAT
concept support and facilitate the ICPDR activities in the field of hazardous substances pollution
reduction in the DRB .Implementation of the Work Plans will meet the short and medium- term
objectives as required by DRBC and the WFD concerning the preparation of the Danube River Basin
District Management Plan.
Training
The project provided training for more than 100 participants from Bosnia Herzegovina, Moldova,
and Serbia. The training added to the existing knowledge base of the participants and focussed on
practical approaches including how to conduct an initial environmental assessment and how to
design an application form. The training examples were drawn from the industrial base of each
country and therefore were both relevant and timely. The individuals who received the training will
assist the further application of BAT in their individual countries as well as being available to the
ICPDR as country based BAT experts.
PROJECT OUTPUT SUMMARY
The Phase 2 project produced four major outputs:
Policy, institutional and enforcement summary relating to industrial policy reduction for 11
countries,
Preliminary estimate of the impact of the implementation of BAT on industrial pollution
reduction for 13 countries,
Road Maps and Country Specific Work Plans for BAT implementation in four countries,
Support materials and training for over 100 people in Bosnia Herzegovina, Moldova and
Serbia.
UNDP/GEF DANUBE REGIONAL PROJECT
page 10
1. INTRODUCTION
This is the final report on "Industrial Reform and the Development of Policies and Legislation
Towards the Reduction of nutrients and Dangerous substances" of the UNDP-GEF Danube River
Basin Project - the Phase 2, component 1.5. - Industrial Reforms and Policies.
1.1. Terms of Reference
The activities according to the Terms of Reference (ToR) included the following tasks:
Analysis of Policy, Legislation and Enforcement - the objective of this activity was to obtain
information from the Contracting Parties of the International Commission for the Protection of the
Danube River (ICPDR) concerning new developments and progress achieved in the field of EU
legislation transposition, policy, implementation and enforcement using the Phase 1 results. These
are important tools for the reduction of industrial pollution in the Danube River Basin.
Impact of the (ICPDR) BAT Recommendation - the ICPDR Recommendations were developed
for four industries; the chemical industry, the chemical pulping industry, the food industry, the
paper making industry and the Recommendation on best available techniques (BAT) at Agricultural
Point Sources. A desk top assessment of the use of national and local authorities and other
beneficiaries of the recommendations was undertaken.
Developing 'Road Map' for BAT Implementation - This task involved assistance to the four
non-accession countries with developing policies and procedures consistent with the requirements
of the IPPC Directive for industrial pollution control and the development of a country specific 'road
map' for each of the 4 countries to implementing BAT.
Impact of the Integrated Prevention and Control Directive (IPPC) in the Danube River
Basin This tasks focused on preparation a short discussion paper reviewing the likely pollution
reduction (nutrients and dangerous substances) that would result with the implementation of the
IPPC Directive. This pragmatic assessment carried out based on existing data from the ICPDR's
inventories and other available data sources and identified emission reduction potentials within key
industrial sectors in the DRB.
Workshops and Information Dissemination Workshops oriented to BAT implementation in
non-accession countries in the region were conducted during which the dissemination of examples
of good practice of industrial pollution control throughout the DRB was provided. Particular
attention was paid to the transfer of concepts on nutrient and hazardous substance reduction from
industrial complexes to the four non-accession countries.
1.2. Project Context
The Phase 2 project, following on from the Phase 1 Industrial Reforms and Policies Project, had a
number of interrelated objectives. First it updated the legislation, institution and policy review
which was conducted in the first phase. This update was then used as the foundation for the
development of targeted capacity building initiatives in those countries which would most benefit
from these activities. One of the issues raised in the Phase 1 study was the lack of information and
analysis to determine the potential impact of the introduction of BAT in the Danube River Basin.
Phase 2 reviewed the potential impact of implementation of BAT in the DRB using available
information in a case study approach. Prior to the introduction of the EU IPPC Directive the ICPDR
RAMBOLL & EKOPEN
Industrial Reforms and Policies - Final Report
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had produced sectoral recommendations for pollution reduction and this report also examines the
influence of ICPDR BAT recommendations on implementation of pollution reduction programmes in
the DRB based upon the information on the implementation in one country provided by the ICPDR
Secretariat. Much of the focus of the introduction of BAT in the DRB is on those countries which
have legal obligations either as Member States or Accession Countries to implement BAT as a
component of the EU IPPC Directive. However, there also countries which are not bound by the
IPPC Directive and the Phase 2 Project examined alternatives for the introduction of BAT with a
special emphasis on those countries which are not either EU Member States or Candidate
Countries.
The policy development process involves data collection and analysis, education and awareness
and the implementation of the appropriate measures to deal with the issue being addressed. As the
cross border nature of environmental issues becomes more apparent it is necessary for decision
makers in several jurisdictions to make compatible policy decisions. Political boundaries do not
always coincide with ecological systems. The Danube River Basin is an example of a situation
where this occurs.
In the Danube River Basin, in addition to the Danube River Protection Convention (DRPC) there is
also EU legislation. Initially only two countries in the DRB were EU Member States. However, as of
May 1 2004, four more became Member States and an additional 2 became Member States as of
January 1 2007. The majority of Danube countries therefore have very similar legal environmental
management systems. This is important for the future industrial pollution reduction and prevention
activities of the ICPDR. The IPPC Directive, for example, will be a key instrument with respect to
industrial pollution. It will make the application of BAT mandatory for the majority of the Danube
countries and result in the provision of the required data for the European Pollution Emission
Registry (EPER). The IPPC Directive and other directives including the Water Framework Directive
have information reporting requirements which need to be considered in future ICPDR data
collection and analysis activities including EPER as well as forthcoming Pollutant Release and
Transfer Registers (PRTR).
1.3. Component Reports
There are two project component reports which are appended to this final report; a Report on
Review of Policy, Legislation and Enforcement including an analysis of BAT impact on pollution
reduction and ICPDR recommendations impact components and the Road Maps for the
Implementation of Best Available Techniques in Bosnia and Herzegovina, Moldova, Serbia and
Ukraine report which provided individual road maps for implementation of BAT in those DRB states
which are not EU members. The Review of Policy, Legislation and Enforcement Report was
completed in February 2006. The Road Map Report was completed in August 2006. The information
contained in the reports was accurate at the time the reports were completed; however, the
institutional structure of the DRB continues to evolve. Two additional DRB countries Bulgaria and
Romania became EU Member States as of January 1, 2007 following the completion of the report.
These two new member states were already in the process of implementing BAT as part of the
IPPC Directive requirements during the project period and this has been noted in the February
2006 Policy Report.
This report is organized as follows. The next chapter outlines the methodology used in the project
followed by a summary of the findings of the Policy and Road Map components of the project. The
final section of the report includes a description of the training activities of the project.
The contents of this report are the sole responsibility of the project consultants. However, these
results would not be possible without the full cooperation of the DRB project staff, the Heads of
UNDP/GEF DANUBE REGIONAL PROJECT
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Delegation and the staff of the Secretariat of the ICPDR and the many individuals in each of the
DRB countries who cooperated with the project consultants. The project team would like to thank
all of the participants for their cooperation and support in conducting the project.
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2. METHODOLOGY
As indicated in the introduction a number of methodologies were used in the project, each
appropriate to the analysis being conducted for that particular component of the project. The
methodologies used are described in the above mentioned reports. (see annex 1 and 2)
2.1. Legislation, institutional arrangements, implementation and
enforcement
2.1.1. Legislation
The majority of Danube countries have similar legal environmental management systems as the
result of the harmonization and transposition of the EU water related legislation in AT, BG, HR, CZ,
DE, HU, SK, Sl, RO .
All countries cooperating under the DRPC expressed their firm political commitment to support the
implementation of the WFD and pledged to cooperate within the framework of the ICPDR to
achieve a single; basin wide coordinated Danube River Basin Management Plan.
At the ICPDR Ministerial Meeting in December 2004 the Danube countries endorsed the Danube
Declaration expressing their commitment to further reinforce transboundary cooperation for
sustainable water resource management within the Danube Basin.
This has important implications for future industrial pollution reduction and prevention measures
within the context of the Danube River Basin Management Plan, which will be developed by the end
of 2009.
To provide the relevant information and an overview related to the legal requirements of EU
legislation, a legal matrix has been created for each country. The structure of the matrices has
been developed on the basis of EU legislative requirements and implementation in the DRB taking
into account the objectives of the Industrial Policy Project.
The matrix includes selected information concerning transposition of EU legislation into national
legislation including:
-
terms and definitions (such as dangerous substances, priority substances, installations
according to the IPPC Directive),
-
setting emission limits,
-
Environmental Quality Standards,
-
the permitting process for industrial waste water discharges:
-
authorization requirements,
-
content of operators' applications (according to Art.6 the IPPC Directive),
-
BAT requirement (Art. 3 the IPPC Directive),
-
time limitation and changes in permit and
-
accident prevention measures.
These matrices were developed for each of the countries using available ICPDR database
information as well as the Phase 1 project results. The matrices were then sent to the country
representatives of the P&M EG through the ICPDR Technical Expert for review and comment. Based
upon the feedback the matrices have been revised and updated. All information summarised in
UNDP/GEF DANUBE REGIONAL PROJECT
page 14
these matrices has been analysed from the point of view of current policy, legislation and
enforcement depending on the status of the particular country (MS, accession country, or non-
accession country). Special emphasis is given to the evaluation of dangerous substances, priority
substances and emission limits as well as Environmental Quality Standards. The analysis includes
implementation of the National Pollution Reduction Programmes and BAT developments.
The results and recommendations of this activity have been used as input for the Training Needs
Analysis, development of the Road Map for BAT Implementation and other relevant components of
the Phase 2 Industrial Policy Project.
2.1.2. Institutional Arrangements
Permitting, inspection, monitoring and inventorying of pollution sources are an integral part of
policy implementation.
All waste water discharges into surface waters which are liable to contain any of the substances in
List I and II require prior authorization by the competent authority which sets out the emission
standards. Some aspects of this requirement are now covered by the Directive on Integrated
Pollution Prevention and Control (96/61/EC - IPPC Directive). IPPC is concerned with an integrated
operating permit system for specified installations (or industrial activities); controlling emissions to
all three environmental media (air, water and soil) considering their impact on the environment as
a whole. Under the IPPC Directive permits are issued setting out limit values based on Best
Available Techniques (BAT). Although the control focus is on installations, the Directive also
specifies the main polluting substances for which limits must be set for each medium. For water,
these are broadly consistent with the substances specified under the DSD. Legislation has been
passed in all Member States to control discharges to surface waters and sewers, requiring prior
authorization of discharges containing List II substances
The responsibility for monitoring is generally divided between the competent authorities and the
operators, although competent authorities usually rely to a large extent on "self monitoring" by the
operator, and/or on third party contractors. It is very important that monitoring responsibilities are
clearly assigned to all relevant parties (operators, authorities, third party contractors). It is also
essential that all parties have the appropriate quality control requirements in place. Monitoring
should be systematic, focusing on dangerous substances and priority substances and linked to
Programmes of Measures as set out in River Basin Management Plans under the Water Framework
Directive.
In addition, where appropriate legislation is in place, it must be supported by proper institutional
arrangements. This includes the designation of the competent authorities with unambiguously
defined responsibilities for the permitting process, compliance and enforcement. It also includes
assigning responsibility for other activities which are supporting those processes such as
monitoring, inventorying of pollution sources and recording of all related data.
These aspects all have been taken into consideration in developing the matrices. Therefore the
information in the matrices is focused on information concerning the permitting of industrial
polluters, inspection of industrial polluters, monitoring industrial pollution, inventorying pollution
sources, and recording emissions.
2.1.3. Implementation and Enforcement
In order to reduce pollution by the substances in List II, Member States must establish Pollution
Reduction Programmes (PRPs) by applying specific reduction methods in the implementation of
these programmes.
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The WFD requires the assessment of human impacts in the river basin and the identification of a
programme of measures to meet the objectives (good chemical and ecological status) of the WFD
within nine years of adoption of the WFD. In addition, monitoring programmes need to be set up
within six years of the adoption of the WFD.
The elements of the Pollution Reduction Programmes under Article 7 of the DSD are parallel to
those required under the WFD. A comparison of the requirements laid down in Article 7 of the DSD
with those in the WFD, in particular those for the preparation of the River Basin Management Plans
(RBMPs), shows that they are very similar. Thus instead of applying their own approaches to
comply with the DSD Member States may want to use the procedures laid down in the WFD.
Member States should therefore be encouraged to prepare their pollution reduction programmes in
compliance with the DSD with a view toward complying also with the requirements of the WFD
especially the obligation to prepare River Basin Management Plans by 2009. Some of the measures
contained in the WFD (e.g. the combined approach, control of diffuse sources, monitoring
requirements) may provide Member States with additional tools for the preparation and
implementation of the reduction programmes. Special provisions require using all appropriate
measures like BAT, BAP, and product controls to reduce emissions.
The implementation of the IPPC Directive should take into account other Community objectives
such as the competitiveness of the Communitys' industry thereby contributing to sustainable
development. More specifically, it provides for a permitting system for certain categories of
industrial installations requiring both operators and regulators to take an integrated, overall look at
the polluting and consuming potential of the installation. The overall aim of such an integrated
approach is to improve the management and control of industrial processes so as to ensure a high
level of protection for the environment. Central to this approach is the general principle (stated in
Article 3) that operators should take all appropriate preventative measures against pollution, in
particular through the application of BAT enabling them to improve their environmental
performance. BAT reference documents - BREFs are guidance documents for Member State
authorities in assisting them in issuing the permit. They are the result of the information exchange
organised by the Commission in accordance with Art 16(2) of the IPPC Directive.This legal basis
has been considered as an essential approach for development of the implementation and
enforcement matrix.
The implementation and enforcement matrix provides information concerning the National
Reduction Programmes, specific reduction programmes of operators, BAT developments and public
involvement.
2.2. BAT Impact
The estimate of the impact of the implementation of BAT implementation in the DRB is based on
selected pilot IPPC installations/case studies in two industrial sectors; chemical and pulp and paper.
The pulp and paper industry was selected, in part, because it is the largest discharger of COD
accounting for almost 50% of total discharges in the DRB (Emission Inventory 2002).
The detailed information gathered from the two installation case studies provided data on the
reduction of pollution and other impacts due to BAT implementation at the installation. The order of
magnitude of reduction for the DRB generally was confirmed by comparing average levels of
concentration data from installations in Germany which have already implemented BAT with those
from installations in Croatia and Romania which have not yet implemented BAT. The reduction in
COD in the pulp and paper case study was then projected to the rest of the pulp and paper
installations in the 2002 EMIS Inventory. This resulted in an estimate of the BAT implementation
impact in that sector. The calculation was based on simple multiplication. The reductions in
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pollutants in the pulp and paper sector were then applied on a percentage bases to the total COD
discharges from industries in the DRB. This resulted in a general estimate which is consistent with
the type and amount of data available. The estimate should be used with caution recognizing that
it is preliminary estimate. However, even with these qualifications it is hoped that the estimate will
be the starting point for further more detailed calculations as more installations implement BAT and
more installation specific data become available.
2.3. BAT Implementation Road Maps
This section describes the approaches and the activities which have been carried out related to the
development of Road Maps for the implementation of BAT in the non accession countries; Bosnia
and Herzegovina, Moldova, Serbia and Ukraine.
The general approach adopted in this methodology consists of the following steps:
-
Creation of an information compendium concerning legislation, institutional arrangements
and enforcement of BAT implementation
-
Strengthening Weakness Opportunities and Threats (SWOT) analysis in each country (for
detail see annex 2.)
-
Development of the country specific Road Map
Information Compendium
The compendium includes:
-
The Review of Policy, Legislation and Enforcement activities results (Activity A. 1 of the
Industry Policy Project). The Legislation, Institutional arrangements and Implementation
and Enforcement matrices of targeted countries found in Annex 1;
-
Additional relevant available information gathered, summarized and analyzed from the
ICPDR and other relevant sources updating Activity A. 1 of the Industry Policy Project for
Bosnia and Herzegovina, Moldova, Serbia and Ukraine. The information in this report is
based upon publicly available secondary sources. Substantial portions of this report were
reproduced verbatim from sources including EC, OECD, UNECE publications and, Industrial
Policy Project Reports.
Development of the Road Map
The Road Maps and the road mapping process generally serve as an excellent communication tool -
an effective means to link strategic operations, collaborative ventures, and plans. However, to
achieve success--Road Maps must target the right approach, involve the appropriate target groups,
and provide sufficient level of detail. Road mapping in the case of the non-accession countries in
the DRB has a high probability of success due to the related processes in similar countries under
similar circumstances. Having said that the policy and institutional setting is unique to each country
and therefore while each of the four road maps have similarities, particularly in the external
environment, for example, the influence of the EU WFD, they also reflect the individual
circumstances of each of the countries.
The objective of the Road Map is to identify the specific steps toward the implementation of BAT in
Bosnia and Herzegovina, Moldova, Serbia and Ukraine. It is an output-oriented description of the
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overall process which gives details regarding intermediate results. The Road Map is used to plot the
necessary milestones and timelines along with actions to move the water protection forward
through the application of BAT.
The Road Map however, does not define all underlying activities in detail. Further planning can be
added including the development of criteria to monitor results, more concrete activities, risks and
underlying assumptions. This framework could be used to describe, manage and administer the
detailed activities.
The non accession countries can use the Road Map as a way to drive and structure the planning
process in field of BAT implementation. It allows them to identify the most important opportunities
to improve environmental protection to fulfil tasks regarding implementation of the DRBC, create
more favourable condition for investments in industry sectors, and at the same time get closer to
EU accession requirements.
The Road Map consists of:
-
an explanatory text component summary of SWOT outputs,
-
a corresponding Work Plan.
Establishment of short and medium-term objectives
The Contracting parties, of the Convention on Cooperation for the Protection and Sustainable Use
of the River Danube committed to adopt the legal requirements required in the EU related to the
implementation of the WFD. This has important implications for future industrial pollution reduction
and prevention activities within the context of the Danube River Basin Management Plan. The Plan
is to be developed by the end of 2009 and updated by end of 2015. However, all countries
cooperating under the DRPC expressed their firm political commitment to support the
implementation of the WFD in their countries and pledged to cooperate within the framework of the
ICPDR to achieve a single; basin wide coordinated Danube River Basin Management Plan.
Establishment of short (by the end of 2008) and medium term objectives (by the end of 2015) in
the Road Maps are proposed in line with the DRB Management Plan required time scale. The
proposed Work Plan would assist the countries to develop a contribution to basin wide coordinated
Danube River Basin Management Plan including an integrated Programme of Measures. By using
the DRB Management Plan time scale the Road Maps and Work Plans can be used by the ICPDR to
monitor individual country progress in meeting their WFD commitments.
Drafting of the Road Maps and Work Plans considered the differences among the countries in state
organization, state administration, current legislation, industrial development and other
circumstances related to the improvement of water protection through the implementation of BAT.
These objectives provide the responsible country representatives at the level of state
administration with operational tasks aiming at undertaking the desirable actions in the field of BAT
implementation and contributing to dangerous substances pollution reduction. Implementation of
the recommended approach will lead those countries at the same time to move closer to EU
accession requirements. Moreover fulfilling proposed objectives will create sufficient conditions for
the support of the ICPDR activities. The ICPDR can also utilise this information in developing new
programmes and projects.
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2.4. Workshops and Dissemination
The training component was addresses at the outset of the project. During the Inception period the
focus for the development of training activities was Serbia Montenegro followed by visits to
Moldova and meetings with the representatives of Bosnia Herzegovina. The process applied in
training development is described below and was used in each of the three countries. Unfortunately
after repeated attempts failed, arrangements for training activities in Ukraine were not possible
during the project period.
2.4.1. Training
Needs
Analysis
The first step in the process was a training needs analysis. The training needs analysis included the
review of background documents with respect to the implementation of BAT and interviews with
knowledgeable individuals. The individuals interviewed included senior policy and decision makers,
members of research institutes and those directly responsible for the implementation of the
existing or proposed IPPC legislation. They were asked both to describe the existing situation and
to suggest the type of training which would be most useful. Based upon the findings of the needs
analysis training programmes were developed to address implementation issues related to existing
policies and legislation.
2.4.2. DRP
Training
Guidelines
In Phase I of the DRP a very useful set of guidelines for training for all DRP project components
was developed. The training activities for the Phase 2 Industrial Reforms and Policies Project were
based upon those guidelines. The planning for the training approach and implementation was
based upon the cooperation with a local consultant in each of the countries. The local consultant
contributed the following:
·
Prepared local arrangements for the BAT seminar
·
Translated the presentation and participated in the seminar,
·
Participated in the seminar as appropriate and
·
Contributed on the seminar report
Definition of Training Objectives
The general training objective was to provide participants with the knowledge to address the
highest priority issues for the preparation or implementation of the existing legislation consistent
with the principles and approaches of the EU Directive. In each case this was tailored to the specific
circumstances in the target country.
The short term objectives were to provide participants with:
>
an understanding of the philosophy and principles of the EU IPPC Directive
>
the key concepts of the EU IPPC Directive
>
the major BAT implementation issues be addressed
The Medium term objective was to:
> provide the participants with the knowledge necessary to understand and develop the BAT
concept as BAT implementation proceeds in the country and.
The BAT concept involves either national or local officials therefore both levels need participate in
the training. Participants included:
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>
senior decision makers
>
national programme managers and professionals in related fields and ministries
> local
officials
> industry
representatives
Training Workshop Methodology
The workshops were organized and supported by the training specialists on the project team. Each
of the trainers had previous experience with BAT training and or BAT concept implementation. The
local consultants were fully involved in key training, preparation and delivery so that there is a
local resource base for future training requirements beyond the scope of this specific project.
Participation:
>
the workshops were designed to engage the participants in an interactive process with
continuous participant feedback
>
the training materials were user friendly and useful in actual legislative development e.g.
sample clauses, system diagrams
>
the local consultants involvement ensured that the materials were specifically relevant to
the country situation
>
the time to address specific issues raised by the participants was allocated in the training
process
Workshop size:
The number of participants was between 20-25 people. The target ratio of trainer to participants
was 1-10.
Training methods was knowledge oriented therefore focusing on passing information from an
expert to the participants as an initial starting point followed by an interactive process. Exercises
and examples were used during the training process so that there were group discussions and
projects in addition to the knowledge dissemination.
Evaluation of Training Workshops, Reporting
Each workshop was evaluated, applying a standardized methodology as required by the DRP. The
participants were provided with a template at the end of the training workshop. Participants filled
them in before leaving the workshop.
The results of participant evaluations for each country were used in the design and delivery of
subsequent workshops.
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3. THE PROJECT OUTPUTS
This section of the report outlines the activities and findings for each of the project components.
The Review of Policy Legislation and Enforcement Update are followed by the BAT Impact Analysis
and comments on the ICPDR Recommendations impact. The concluding sections address the
Training, Road Map and Work Plan components of the project.
3.1. Review of policy, legislation and enforcement
The objective of this activity has been to obtain information from the Contracting Parties of the
ICPDR (except for Austria and Germany) concerning new developments and progress achieved in
the field of EU legislation transposition, policy and enforcement since the Phase 1 Report was
completed in June 2004. These are important tools for the reduction of industrial pollution in the
Danube River Basin which are evolving and improving over time.
This activity was executed in cooperation with the members of P&M EG and supported by the
ICPDR Secretariat Experts.
All available information gathered in the Phase 1 matrices was reviewed, updated and verified and
are presented in followed table.
Table 1.: Danube River Basin Countries Legal, Institutional and Enforcement Summary,
February 2006
Country
Legal framework
Institutional arrangements
Implementation and
for industrial
enforcement
pollution
Permitting
Monitoring
Inventory
PRP
BAT
PP
prevention and
reduction
Bosnia
XX PC+PR
-
-
-
L
Herzegovina
Bulgaria
XXX PC
-
N
F
Croatia
X PR
-
-
-
L
Czech
XXX PR
+
+
E
F
Republic
Hungary
XXX PR
+
+
N
F
Moldova
X PC
-
-
-
F
Romania
XXX PR
+
-
N
F
Serbia
XX PC+
PR
-
-
-
L
Slovakia
XXX PR
+
+
E
F
Slovenia
XXX PC
+
-
N
F
Ukraine
X PR
-
-
-
L
Notes:
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Legal framework:
XXX
legislation in compliance with EU Directives in place
XX
-
legislation in place and but not in compliance with EU Directives
X - limited legislation in place not in compliance with EU Directives
Institutional arrangements:
PC
-
permitting authorities on central level
PR
- permitting authorities on regional level
- complex monitoring of industrial pollution
- limited monitoring of industrial pollution
+
industry pollution inventory in place
-
industry pollution inventory not in place
Implementation and enforcement
PRP: Pollution Reduction Programmes in compliance with the Dangerous Substance Directive (+
in place, - not in place)
BAT: N - National guidelines in place
E - EU BAT documents used directly
- No guidelines
PP Public Participation in the permitting process and public data availability
F Full
L - Limited
An analysis of the updated legal, institutional, implementation and enforcement matrices indicates
the following:
-
The basic legal framework for industrial pollution prevention and reduction is in place in the
Danube countries. Substantial progress has been recorded in the accession countries. On
the other hand, more remains to be done in non-accession countries to complete the
adoption of modern water legislation.
-
In general all countries currently require industrial facilities to obtain waste water discharge
permits. All countries have developed basic monitoring requirements carried out by
polluters, however, monitoring of industrial discharges and hazardous substances by the
competent authorities needs to be improved and in some countries a detailed inventory of
sources and pollutants is not yet fully developed.
-
Based upon the assessment of the institutional matrix, individual countries have different
institutional settings with respect to permitting industrial polluters. These range from the
central level (ministries) to the local level (water directorates at the county or district
UNDP/GEF DANUBE REGIONAL PROJECT
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level). The situation is further complicated with respect permitting of polluters that fall
under the IPPC directive and other industrial installations.
-
The degree of success in the implementation process of BAT implementation varies among
Member States. Member States indicated that the BAT Reference Documents (BREFs) are
taken into account generally and in specific cases when determining BAT. Some countries
(HU, Sl, RO and BG) have established legal measures for the adoption of the national BAT
guidelines related to specific industries, based upon the BREFs.
-
Public involvement in the integrated permitting process has been improved as well as the
access to public to information concerning the monitoring results and sources of pollution.
-
The progress made between the creation of the original matrices in Phase 1 and the
updated situation as shown in the revised matrices shows that progress in implementing
BAT continues to improve over time as countries have more experience and additional
countries adopt additional legal, policy and institutional mechanisms for the implementation
of BAT in the DRB.
3.2. Impact of the ICPDR BAT Sector Recommendations
In 2000 the ICPDR EMIS/EG produced Recommendations on Best Available Techniques for the
heavily polluting sectors in the field of water (Food Industry, Chemical Pulping Industry, Paper
Making Industry, Chemical Industry and monitoring of wastewater discharges). These
recommendations were translated into the national languages of DRB countries with EU support
and published on DANUBIS.
The EMIS/EG members were given the responsibility to report on how the national and local water
authorities would make the most efficient use of these recommendations, with respect to
enforcement, compliance and implementation, including:
(i) preparation of a list of the potential beneficiaries (water authorities, industries, industrial
associations, etc.),
(ii) proposal for the development of other guidelines and recommendations and
(iii) ways on how best the information exchange can be maximised among the local
authorities and local industrial beneficiaries.
The completion of the first reporting period according to the reporting formats of the ICPDR
recommendations on the use of BAT for the selected four industries: chemical industry, chemical
pulping industry, food industry, and paper making industry, was 30th of June 2004.
In 2003 EMIS/EG in addition, introduced the Recommendation on BAT at Agricultural Point
Sources. The recommendation contains technical in-plant and end-of-pipe measures for the
reduction of wastewater volumes and abatement of pollution loads. Additional measures are
proposed to improve environmental compliance at the plant and enforcement of the permitting
environmental authority.
According to Resolution of the 2nd Standing Working Group of ICPDR the contracting countries
have agreed with the proposed recommendation and with implementation of the provisions of this
document at the national level starting January 1st. 2006.
The Terms of Reference of the Industrial Policy Project require a desk assessment of the use of
national and local authorities and other beneficiaries of the recommendations. In addition, an
analysis of the lessons learned from the ICPDR Recommendation experience may be used to
further assess the application of BAT in the DRB. The EMIS EG expressed a concern that any
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confusion between the ICPDR recommendations and the EU BREF notes be avoided. This has been
taken into consideration in this section of the report. In part, for example, by using the correct title
of the ICPDR work as recommendations and the EU material as guidelines.
In spite of repeated requests to the P&M EG Technical Expert only two country reports were
received for the Czech Republic and Slovakia. Of these only the Czech Republic provided
information to the ICPDR with respect to the implementation of the BAT recommendations (for
details see annex 1).
From the limited results of the Czech Republic report it can be seen that voluntary
recommendations may improve the process of pollution reduction prior to legally binding regulation
at least in the case where such legislation is anticipated.
The ICPDR Recommendations are similar in approach to the IPPC BAT requirements. The ICPDR
Recommendations were implemented prior to the IPPC legislation coming into place. The Czech
Republic example suggests that having recommendations in advance, consistent with forthcoming
legislative measures for pollution reduction measures may be useful. The fact that there were three
sectors in which this took place means that the impact can be broadly based and not limited to one
industrial sector. The role of the ICPDR is critical to the process. The ICPR has the credibility,
expertise and the support mechanisms to disseminate and support the implementation of the
Recommendations. By developing the Recommendations centrally the ICPDR contributed toward a
consistent approach in all DRB countries and made it easier for the country which implemented the
Recommendations to subsequently implement the EU IPPC Directive.
The Impact of the BAT recommendations has been positive as evidenced by the Czech example.
However, circumstances have changed with the widespread implementation of the IPPC Directive
to the extent that it may no longer be necessary for the ICPDR Recommendations to be used.
It is therefore reasonable to conclude that the future of BAT application in the DRB will be largely
based upon the IPPC BAT legal requirements. Therefore, the EU, through the Seville Centre and
other extensive supporting measures now in place for countries required or wishing to use BAT
provides sufficient sources of information and guidance. Secondly, BAT must ultimately be
implemented at the level of the installation. The detail for this level is developed in the form of
BREFs from the EU which can be up to 1000 pages long far surpassing the detail of the ICPDR
Recommendations. Thirdly, the EU has aid programmes which can encourage the use of BAT in non
member countries.
It can be concluded that the ICPDR Recommendations played a useful role in anticipating the
potential impact of BAT in pollution reduction in the DRB and providing information and guidance
prior to the implementation of the EU IPPC Directive in Member States. However, the situation has
now changed and the ICPDR should focus on other opportunities to reduce pollution in the DRB.
Results of these evaluation and findings were presented and discussed at a meeting of the
Reassures and Measures Expert Group (P&M EG) of ICPDR.
3.3. Road Maps for BAT implementation
Road Maps for the Implementation of BAT were produced for Bosnia Herzegovina, Moldova, Serbia
and Ukraine. The Road Maps provide those countries with concrete steps toward the
implementation of BAT and can be used to plot the necessary milestones and timelines along with
actions to expedite industrial pollution reduction in the DRB thereby improving the water quality.
Significant progress has been made on the implementation of the WFD in the DRB since the
Contracting parties, of the Convention on Cooperation for the Protection and Sustainable Use of the
UNDP/GEF DANUBE REGIONAL PROJECT
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River Danube committed to adopt the legal requirements of the EU related to the implementation
of the WFD. This has important implications for future industrial pollution reduction and prevention
activities within the context of the Danube River Basin Management Plan. The Plan will be
developed by the end of 2009 and updated by the end of 2015. The Road Maps have been
developed to be consistent both in content and timing with the Danube River Basin Management
Plan so that they can be used by the ICPDR to monitor progress in each of the countries.
The Road Maps and accompanying Work Plans have been developed based on SWOT analyses
which consider the specific policy, legislative institutional and industrial situation in each of the
countries.
The relevant required information and data for the development of the Road Maps has been taken
from publicly available secondary sources including EC, OECD, UNECE publications and UNDP GEF
DRB Phase 1 and Phase 2 Project Reports supplemented by information gathered in preparation of
the training sessions for this project. Short and medium - term objectives for each of the countries
have been proposed in line with the Road Map for the Danube River Basin District Management
Plan and the corresponding Work Plan as well as the Strategic Paper for the Danube River Basin
District Management Plan adopted by the ICPDR.
The Road Maps for implementation of BAT have shown the need to adopt new or updated
legislation for integrated prevention and control in the specific countries. In addition, effective
mechanisms for an integrated decision making process (including inspection and enforcement)
should be created. Capacity building at all relevant levels of state administration as well as
establishment of a body responsible for issues concerning BREFs and the future implementation of
reporting obligation (PRTR) also need to be put in place.
Another major issue is the inventory and monitoring of industrial pollution sources. Currently
available information related to the release of dangerous substances into aquatic environment is
limited and of poor quality. The establishment of emission level values for pollutants discharged
into aquatic environments has been identified as a common problem in each country.
The Road Map provides the general requirements for each country. Further planning should be
based on an activity orientated logical framework, including explicit criteria to monitor results,
concrete activities, risks and underlying assumptions. This framework could be used to further
identify, manage and implement the detailed activities required in each country.
The countries can use the Road Map as a tool to drive and structure the planning process for BAT
implementation. It allows them to identify the most important opportunities to improve
environmental protection to fulfil the tasks regarding implementation of the DRBC, create more
favourable conditions for investments in industry sectors, and at the same time move closer to EU
accession requirements.
It is anticipated that the recommendations for implementation of the Road Maps for Bosnia
Herzegovina, Moldova, Serbia and Ukraine will assist the countries to fulfil their obligations to the
ICPDR concerning the preparation of the Danube Basin Management Plan and the Programmes of
measures according to the WFD.
Also, the findings of the Road Maps and the supplemental recommendations provide the ICPDR
with important information to create the conditions to generally facilitate the improvement
activities in the field of pollution reduction in the DRB, in the targeted countries. In this context the
recommendations are also focused on the development of emission inventory data from industry
using EPER II data or the EPER methodology and as well as the on forthcoming TRPR requirements.
The major recommendations which apply to all countries are as follow:
-
Development of a polluter and pollutant register,
-
Analysis of industry sectors from the point of view of BAT implementation
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-
Set up emission limit values,
-
Development of national BREFs
-
Creation of an information system regarding BAT and BREFs
-
Dissemination of information and training focussing on BREFs documents
-
Monitoring the programme according to the reporting requirements EPR/ PRTR,
-
Development of the pollution reduction programmes including measures as a
contribution to the Danube Basin Management Plan and the Programmes of Measures
Existing know-how in other European Member States should be taken into account in the
implementation of BAT; however full recognition of the unique situation in each of the countries is
critical to the successful implementation of BAT. For each country the current techniques deployed
in each industry sector and current levels of environmental performance, particularly in relation to
existing emission standards, should be reviewed. The outcomes of this review should then be
compared with those techniques defined as BAT in the EU, according to guidance and BAT
reference documents (BREF Notes) provided by the European IPPC Bureau
The monitoring of release of pollutants is a key element of regulatory control which provides data
to demonstrate compliance with permitted limits or evidence of the failure of pollution control
methods.
It is recommended that before setting emission limit values an inventory of industry pollution
sources should be carried out. In addition, the content of dangerous substances in relevant
discharged industrial waste waters should be checked and surface water quality should be
monitored.
When specifying a limit the methods of measurement used to determine compliance must be:
clearly understood and reflect current best practice. Any inherent uncertainties in the measurement
and data handling methods should be quantified and taken into account. Compliance monitoring
programmes must also be designed to take full account of affordability and should be compared
with the requirements for monitoring and enforcement set out in Council Decision 2000/479 on the
implementation of a European Pollutant Emission Register.
An integral part of the proposed Work Plan is the development and subsequent implementation of
the Reduction Pollution Programme which will contain measures focused on particular steps related
to implementation. These measures are necessary to meet the short and medium- term objectives
as required by the DRBC.
3.4. Impact of BAT implementation on DRB Pollution Reduction
The estimate is based on detailed knowledge of selected pilot IPPC installations/case studies in two
industrial sectors; chemical and pulp and paper. The pulp and paper industry was selected, in part,
because it is the largest discharger of COD accounting for almost 50% of total discharges in the
DRB (Emission Inventory 2002).
The detailed information gathered from the two installation case studies provided the data on the
reduction of pollution and other impacts due to BAT implementation at the installation. The order of
magnitude of reduction was confirmed by comparing average levels of concentration data from
installations in Germany which have already implemented BAT with those in installations in Croatia
and Romania which have not yet implemented BAT. The reduction in COD in the pulp and paper
case study was then projected to the rest of the pulp and paper installations in the 2002 EMIS
UNDP/GEF DANUBE REGIONAL PROJECT
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Inventory. This resulted in an estimate of the BAT implementation impact in that sector. The
calculation was based on simple multiplication. The reductions in pollutants in the pulp and paper
sector were then applied on a percentage bases to the total COD discharges. This resulted in a
general estimate which is consistent with the type and amount of data available. The estimate
should be used with caution recognizing that it is preliminary estimate. However, even with these
qualifications it is hoped that the estimate will be the starting point for further more detailed
calculations as more installations implement BAT and more installation specific data become
available
The analysis shows clearly that the hypothesis of that BAT implementation will have a positive
impact on pollution reduction in the DRB is correct. The reduction of 50% estimated for COD for
the pulp and paper industry would result in an annual reduction of 26,653 t/a in that sector.
Applying the same calculation to total industrial COD discharges of 133,950 t/a (excluding Austria
and Germany) the reduction would be 66,975 t/a. As was mentioned in the introduction the
estimates are very preliminary and based upon the data available so caution should be used in
their use. Actual reductions may be higher or lower and are subject to a variety of factors which
are not part of this analysis for example the closure of installations and new installations which
may be built. Nevertheless, it is anticipated that these estimates will be only the first step in
developing estimates for future pollution reductions due to the implementation of BAT and other
measures in the DRB. The detailed information regarding this estimation is enclosed in Annex 4.
3.5. Workshops and Dissemination
The general training objective was to provide participants with the knowledge to address the
highest priority issues for the implementation the existing legislation consistent with the principles
and approaches of the IPPC Directive and the implementation of BAT. These were tailored to the
specific circumstances in Bosnia and Herzegovina, Moldova and Serbia. Training packages for these
countries were developed taking into account the Training Needs Analysis findings. Local
consultants were fully involved in key training and preparation and delivery and remain a
sustainable resource in each of the countries for future IPPC/Bat implementation. The training
workshops were structured to balance a number of presentations from keynote speakers and
consultants with the opportunity for discussion and feedback at a national level. There were two
"break-out" sessions during the training workshops which provided for participant centred learning.
An overview of Training Workshops held in the targeted countries is shown bellow:
Country - place
Date
Number of
Participants
Bosnia Herzegovina - Sarajevo
January 25 26. 2007
27
Moldova - Chisinau
March 30 31, 2006
22
December 5-6 2006
21
Serbia - Belgrade
March 1. - 2. 2006
22
March 15. 16. 2006
20
3.5.1. Serbia
The first training workshop took place in Belgrade - March 1 - 2, 2006.
The topics of the workshop included:
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-
Introduction to IPPC basic concepts
-
IPPC process Legislative framework in Serbia and the EU
-
Examples from EU Countries
-
The WFD (priority substances) and the Dangerous Substances Directive
-
Permit content and form - examples of permits
- BAT-
concept
-
Content and limitations of BREFs
The second seminar, which was built upon the success of the first was geared to more detail
tailored specifically to the Serbian cement sector, also took place in Belgrade on March 15 16,
2006.
The topics of the second training workshop included:
-
Emission limit values EU/Serbian/Slovak for air, water, noise, vibrations, odour
-
Practical exercise modelling in the air sector using the Slovak software MODIM (US EPA
based) and emission data from Serbian installations
-
Case work: Cement manufacture installation
-
Monitoring and Reporting; Legislation requirements and guidance.
Conclusions and Participant Evaluations from the Training Workshops
Overall the quality of the workshop based upon participants' evaluation ranged from good to
excellent. It is important to stress that prior to this project a number of workshops of IPPC had
been held in Serbia, dealing only generally with the new IPPC Act. This was the first workshop on
IPPC where from practical issues were discussed including implementation both from the point of
view of industry and the permitting body. As the result there was a high level of participation and
the training methods and were rated as appropriate to very appropriate, with the manual being
rated as very good to excellent.
3.5.2. Moldova
In Moldova two Training Workshops took place. The general training objective was to provide
participants with the knowledge to address the highest priority issues for the transposition and/or
implementation the existing legislation consistent with the principles and approaches of the IPPC
Directive tailored to the specific circumstances in Moldova. It focused on application of BAT in the
food industry which is a major industry sector in Moldova.
The topics of the training workshops were similarly aimed at providing practical information to all
groups of stakeholders. The project team prepared a training package, comprised of a Text Book
and Working Group assignments. The Text book contained basic information and comments on the
workshop topics.
Main topics:
-
General introduction to IPPC
-
Monitoring in the Integrated Approach
-
Introduction to the BAT concept (objective, BAT related emission limit values)
-
BREFs and their use
-
BAT in the food industry (specifically in dairy, sugar and wine making industries)
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-
Working group assignments
Conclusion and Participant Evaluations from the Training Workshops
All participants considered the Training Workshops to have met the predefined objectives and
overall quality of training was evaluated very positively both in terms of the training methods and
the applicability of the training content to the participants work context. The atmosphere of the
training was very positive with the active interest and involvement of participants particularly in
the process of issuing IPPC permits, BREFs for food industry and ELVs. The participants'
recommendations for future training were focused on the introduction of more examples of
BAT/BREFs in connection with the application of new technologies. Suggestions were also oriented
to the organization of such workshops in other parts of Moldova.
These training workshops were a key activity that brought together a unique cross-section of
officials in industry and water quality from all Local and Central Environmental Authorities in
Moldova dealing with permitting issues, Industries located in the Danube River Basin and Local
Public Authorities (Regional Councils).
3.5.3. Bosnia
Herzegovina
The general objective of the workshop was to provide participants with the knowledge to address
the highest priority issues for the transposition and/or implementation of the existing legislation
consistent with the principles and approaches of the EU Directive (IPPC) tailored to the specific
circumstances in Bosnia and Herzegovina, focusing on the application of BAT. Participants were
representatives of authorities responsible for environmental protection at different administrative
levels i.e. entity, cantonal and municipal level. They included environmental inspectors and people
responsible for environmental impact assessment procedures and environmental permitting.
Conclusion and Participant Evaluations from the Training Workshops
As the most important part of the training the participants highlighted the following: "exchange of
experiences"; "presence of all people dealing with environment-related issues (entity, cantonal and
local level)"; "practical examples from both entities"; "presentations on BAT and BREFs"; "work in
groups"; "discussion about concrete problems in vegetable and fruit processing industry".
A large number of them gave comment that the entire workshop was very useful.
With regard to recommendations of what could be improved in future workshops, they the
following suggestions were made: "more practical examples"; "more examples from B&H"; "invite
more people in charge of environmental permitting and inspectors from smaller municipalities";
"more workshops like this one".
Almost all participants mentioned that it is necessary to have more concrete examples, and more
examples from B&H which means that the workshop should be more adapted to local conditions.
This was interesting since one half day was devoted to a real case example which was brought to
the seminar by one of the participants. However, it underlines the need to use local examples in
the organisation of future workshops.
RAMBOLL & EKOPEN
Industrial Reforms and Policies - Final Report
page 29
3.6. Project Output Summary
PROJECT OUTPUTS
The Phase 2 project produced four major outputs:
Policy, institutional and enforcement summary relating to industrial policy reduction for 11
countries;
Preliminary estimate of the impact of the implementation of BAT on industrial pollution
reduction for 13 countries;
Road Maps and Country Specific Work Plans for BAT implementation in four countries;
Support materials and training for over 100 people in three countries.
Policy, Institutional and Enforcement Summaries
An industrial policy, institution and enforcement summary was produced for the 11 Danube River
Basin countries which were not EU Member States when the DRP was initiated.
The summaries are in a common updateable format which allows the ICPDR to understand the
similarities and differences among the countries in industrial policy implementation. Future ICPDR
programmes and projects can be designed based upon this information and the ICPDR should use
the summaries to monitor progress over time in the countries by requesting periodic updates from
the countries.
Preliminary Estimate of the Impact of the Implementation of BAT on Industrial Pollution
Reduction
A preliminary estimate of the potential for pollution reduction impact of the application of BAT was
produced for the DRB. The estimate can be used by the ICPDR to show the magnitude of positive
change which can be achieved through the application of BAT throughout the basin to encourage
the full application in all countries including those countries which do not have a specific legal
requirement to do so. The preliminary estimate should be monitored by the ICPDR against actual
reductions over time and modified as more detailed information becomes available.
Road Maps and BAT Implementation Work Plans for Bosnia Herzegovina, Moldova, Serbia
and Ukraine
The individual country road maps were developed using the existing, policy, institutional and
enforcement situation in each of the countries. The Road Map for each country plots the necessary
milestones and timelines along with actions to move the water protection and reduction of
industrial pollution forward through the application of BAT. This approach creates opportunities for
non accession countries as a way to drive and structure the planning process with respect to BAT
implementation. It allows them to identify the most important steps to improve environmental
protection to execute the tasks regarding the implementation of the Convention on Cooperation
for the Protection and Sustainable Use of the River Danube (DRBC), create more favourable
condition for investments in industry, and at the same time move closer to EU accession
requirements.
An integral part of the proposed Work Plan is the development and subsequent implementation of
the Pollution Reduction Programme which will contain measures focused on particular steps related
to its implementation. Therefore the detailed country recommendations for implementation of BAT
concept support and facilitate the ICPDR activities in the field of hazardous substances pollution
reduction in the DRB .Implementation of the Work Plans will meet the short and medium- term
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objectives as required by DRBC and the WFD concerning the preparation of the Danube River Basin
District Management Plan.
Training
The project provided training for more than 100 participants from Bosnia Herzegovina, Moldova,
and Serbia. The training added to the existing knowledge base of the participants and focussed on
practical approaches including how to conduct an initial environmental assessment and how to
design an application form. The training examples were drawn from the industrial base of each
country and therefore were both relevant and timely. The individuals who received the training will
assist the further application of BAT in their individual countries as well as being available to the
ICPDR as country based BAT experts.
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Industrial Reforms and Policies - Final Report
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REFERENCES
Stanislav Kosina, Tom Owen, Danka Jassikova-Thalmeinerova, (June 2004): Industrial reform and
the development of policies and legislation towards the reduction of nutrients and dangerous
substances, Phase 1 Final Report, the DRP.
Bartkova E. Kosina S. Owen T. (August 2005): Industrial reform and the development of policies
and legislation towards the reduction of nutrients and dangerous substances, Inception Report, the
DRP.
Bartkova E. Kosina S. Owen T. Thalmeinerová D. Vagacova M. (February 2006): Report on Review
of Policy, Legislation and Enforcement, the DRP
Bartkova E. Owen T. Vagacova M. (August 2006): Road Map for Implementation of Best Available
Techniques in Bosnia Herzegovina Moldova, Serbia and Ukraine, the DRP
IPPC Reference Document on BAT in the Food, Drink and Milk Industries, (August 2006), EC, DG
JRC, European IPPB Bureau
IPPC Reference Document on BAT in the Cement and Lime Manufacturing Industries, (December
2001), EC, DG JRC, European IPPB Bureau
UNDP/GEF DANUBE REGIONAL PROJECT
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ANNEXES
ANNEX 1
Report on Review of Policy, Legislation and Enforcement
ANNEX 2
Road Map for Implementation of Best Available Techniques in Bosnia
Herzegovina Moldova, Serbia and Ukraine
ANNEX 3
Training Documentation
Annex 4
The impact of BAT implementation analysis
RAMBOLL & EKOPEN
Industrial Reforms and Policies - Final Report Annexes
ANNEX 1
REPORT ON REVIEW OF POLICY, LEGISLATION
AND ENFORCEMENT
UNDP/GEF DANUBE REGIONAL PROJECT
February 2006
Industrial Reform and Development of
Policies & Legislation for Application of BAT
towards Reduction of Nutrients & Dangerous
Substances
Report on Review of Policy, Legislation and
Enforcement
AUTHORS
PREPARED BY:
Rambøll Danmark A/S
AUTHORS:
Prepared by Eleonora Bartkova, Stanislav Kosina, Danka Thalmeinerova, Martina Vagacova
Checked by Thomas H. Owen
Rambøll
Danmark
A/S
Teknikerbyen 31
DK-2830 Virum
Danmark
Industrial Reform and Development of Policies & Legislation for BAT Application
page 3
TABLE OF CONTENTS
TABLE OF CONTENTS.......................................................................................................3
ABBREVIATIONS..............................................................................................................4
1. Introduction...... ....................................................................................................5
2. A.1.Review of policy, legislation and enforcement ................................................7
2.1.
Introduction ................................................................................................... 7
2.2.
Methodology .................................................................................................. 7
2.2.1. Legislation .............................................................................................. 7
2.2.2. Institutional Arrangements........................................................................ 8
2.2.3. Implementation and Enforcement .............................................................. 9
2.3.
Analysis of Matrices....................................................................................... 10
2.3.1. Legal
matrix ......................................................................................... 10
2.3.2. Institutional matrix ................................................................................ 11
2.3.3.
Enforcement and Implementation Matrix ................................................... 12
2.4.
Summary..................................................................................................... 16
3. A.2. Impact of ICPDR BAT Recommendations .....................................................17
3.1.
Introduction ................................................................................................. 17
3.2.
Methodology ................................................................................................ 17
3.3.
Summary..................................................................................................... 18
3.4.
Lessons Learned ........................................................................................... 18
3.5.
Concluding Comments ................................................................................... 19
4. A.3. Case Studies on Impact of BAT/IPPC Implementation in the Danube River
Basin.......................... .................................................................................................20
4.1.
Introduction ................................................................................................. 20
4.2.
Methodology ................................................................................................ 20
4.3.
Impact analysis and estimation ....................................................................... 21
4.3.1. Pulp
and
paper sector............................................................................. 21
4.3.2. Chemical sector..................................................................................... 22
4.3.3. Food sector........................................................................................... 23
4.4.
Conclusion ................................................................................................... 23
Annex 1: Legislation, institutional and implementation and enforcement matrices
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page 4
ABBREVIATIONS
AT Austria
BA Bosnia-Herzegovina
BAT
Best Available Techniques
BG Bulgaria
BREF
Best Available Techniques Reference Documents
CP
Contracting Parties of the Danube River Protection
Convention
HR Croatia
CZ Czech
Republic
DE Germany
DRB
Danube River Basin
DRP
Danube Regional Project
DRPC
Convention on Cooperation for the Protection and Sustainable
Use of the River Danube
EC European
Commission
EMIS
Emission Inventory made by ICPDR
EMIS/EG
Emission Expert Group of ICPDR
EQS
Environmental Quality standards
EU European
Union
GEF
Global Environmental Facility
HU Hungary
MD Moldova
ICPDR
International Commission for the Protection of the Danube
River
IPPC
Integrated Pollution Prevention and Control
MS
Member States
P&M EG
Pressures and Measures Expert Group of ICPDR
PRTR
Protocol on Pollutant Release and Transfer Registers
RO Romania
CS
Serbia and Montenegro
Sk Slovakia
SI
Slovenia
UA Ukraine
UNDP
United Nations Development Programme
UNIDO
United Nations Industrial Development Organisation
WFD
Water Framework Directive
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1. INTRODUCTION
This is the Report of the UNDP-GEF Danube Regional Project (DRP) Phase 2, component 1. 5
Industrial Reform and the Development of Policies and Legislation towards the
Reduction of Nutrients and Dangerous Substances (hereafter "Industrial Policy Project).
The Overall project objective of component 1.5.is "Creation of sustainable ecological
conditions for land use and water management".
Taking into account the expected revitalization of industries, the Phase 1 Project focused on
industrial policies and legislation in order to ensure that environmental considerations are
adequately taken into account and that mechanisms for compliance are put in place. In this
context, the project output assists the DRB countries in the development of new industrial
nutrient/toxics pollution control policies and legislation in line with existing and emerging
(driven by the EU accession process) national legislation. While Phase 1 of the Project focused
on the identification of gaps and opportunities for reforms and measures, Phase 2 is aimed at
the development and implementation of targeted assistance programmes to non-accession
Danube countries on industrial pollution reduction policy and regulatory frameworks including
the necessary capacity building activities. The component includes legislation review,
institutional development, technical assistance and training. The program is being developing in
cooperation with the individual national governments and is tailored to the needs of each
country.
The inception period of the Phase 2 Industrial Policy Project was completed in August 2005. The
approved work plan contains the following project activities:
A) Policy and legislative review tasks:
All countries included in Phase 1
B) Involving training and capacity development in the four non-accession countries
(Bosnia Herzegovina, Moldova, Serbia Montenegro and the Ukraine.
C). Developing the Road map for BAT implementation for the four non-accession countries
- Bosnia Herzegovina, Moldova, Serbia Montenegro and Ukraine.
This report is for section A. It describes, analyzes and summarizes the activities undertaken to
review policy, legislation and enforcement. Policy and legislative review tasks consist of three
components :
A.1. Review of policy, legislation and enforcement
A.2 Impact of ICPDR BAT Recommendations
A.3 Case Studies BAT/IPPC Implementation in the Danube River Basin
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2. A.1.REVIEW OF POLICY, LEGISLATION AND
ENFORCEMENT
2.1. Introduction
During Phase 1 of the Industrial Policy Project a matrix was developed to document the policy,
legislation and enforcement situation in each country. Since that report was written, new or
amended legislation focused on industrial pollution has been implemented in the four new EU
Member States in the DRB (Czech Republic, Hungary, Slovakia and Slovenia) as a requirement of
accession on May 1, 2004. Other countries which are accession countries Bulgaria, Croatia and
Romania are also in the process of implementing IPPC legislation. Therefore, a new more detailed
updated matrix relating to legislation, institutional arrangements, implementation and enforcement
was developed during Phase 2 of the project.
The report results are being used as an input for the Training Needs Analysis, development of the
Road Map for BAT Implementation and other relevant components of the Industrial Policy Project.
2.2. Methodology
This chapter describes the approaches and the activities which have been carried out related to the
review of legislation, policy and enforcement in the field of industrial pollution reduction.
The structure of the matrices has been developed on the basis of EU legislative requirements and
implementation in the DRB taking into account the objectives of the Industrial Policy Project.
These matrices have been developed for each of the countries using available ICPDR database
information as well as Phase 1 project results. They were then sent to the country representatives
of the P&M EG through the ICPDR Technical Expert for review and comment. Based on the
feedback the matrices have been revised and updated.
All information summarised in these matrices has been analysed from the point of view of current
policy, legislation and enforcement depending on the status of the particular country (MS,
accession country, or non-accession country). Special emphasis is given to the evaluation of
dangerous substances, priority substances and emission limits as well as Environmental Quality
Standards. The analysis includes implementation of the National Pollution Reduction Programmes
and BAT developments.
The results and recommendations of this activity will be used as an input for the Training Needs
Analysis, development of the Road Map for BAT Implementation and other relevant assignments of
the Industrial Policy Project.
2.2.1. Legislation
The majority of Danube countries have similar legal environmental management systemsas the
result of the harmonization and transposition of the EU water related legislation in AT, BG, HR, CZ,
DE, HU, SK, Sl, and RO. Also, the rest of the countries as the Contracting Parties, of the
Convention on Cooperation for the Protection and Sustainable Use of the River Danube are
committed to adopt same legal requirements as those valid in the EU. This has important
implications for future industrial pollution reduction and prevention measures within the context of
the Danube River Basin Management Plan, which will be developed by the end of 2009.
With respect to industrial pollution control, the Dangerous Substances Directive 76/464/EEC (DSD)
and the Integrated Pollution Prevention and Control Directive (IPPC) 96/61/EC are the most
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page 8
relevant. Also, the Water Framework Directive (WFD) 2000/60/EC provides for the regulation of
industrial pollution released into the aquatic environment.
While the IPPC Directive focuses on the control of emissions from large installations into the
environment (air, soil and water), the Water Framework Directive focus is on the achievement of
good status of water bodies. Similarly, while the Water Framework Directive clearly requires the
control of point and diffuse sources of pollutants, the DSD is mainly targeted to the control of point
sources. However, there are some provisions under the DSD for the control of multiple sources
(e.g. Art.5 in 86/280/EEC and Art.4 in 84/156/EEC).
The DSD regulates direct discharges of dangerous substances (specifically those in List I and List
II). The priority list of substances adopted under Article 16 of the Water Framework Directive
(Annex X) will replace the list of dangerous substances in the Commission Communication to the
Council of 22 June 1982. For the priority substances the Commission will identify measures for
control and will establish Environmental Quality Standards. The WFD also requires the identification
of any relevant pollutant in a river basin, in addition to the priority substances, which impacts on
good chemical/ecological status. In practice Member States have to select the substances, which
impact on the good ecological/chemical status of the river basin. Selection of substances must be
part of the analysis of pressures and impacts.
With the adoption of the WFD, the requirements stipulated in the DSD are subject to transitional
provisions. Article 6 relates to the right of the Council, on proposal of the Commission, to set limit
values for List I substances. All the other parts of the DSD remain in force for another 13 years. In
particular Article 7 of the DSD concerning the establishment of the Pollution Reduction Programmes
will remain a key element for the control of dangerous substances in the aquatic environment.
To provide the relevant information and an overview related to the above mentioned legal
requirements of EU legislation, a legal matrix has been created. The matrix includes the selected
information concerning transposition of EU legislation into national legislation including:
- terms and definitions (such as dangerous substances, priority substances, installations
according to the IPPC Directive),
- setting emission limits,
- Environmental Quality Standards,
- the permitting process for industrial waste water discharges:
o authorization requirements,
o content of operators' applications (according to Art.6 the IPPC Directive),
o BAT requirement (Art. 3 the IPPC Directive),
o time limitation and changes in permit and
o accident prevention measures.
2.2.2. Institutional Arrangements
Permitting, inspection, monitoring and inventorying of pollution sources are an integral part of
policy implementation.
All waste water discharges into surface waters which are liable to contain any of the substances in
List II l require prior authorisation by the competent authority which sets out the emission
standards. Some aspects of this requirement are now covered by the Directive on Integrated
Pollution Prevention and Control (96/61/EC - IPPC Directive). IPPC is concerned with an integrated
operating permit system for specified installations (or industrial activities), controlling emissions to
all three environmental media (air, water and soil) considering their impact on the environment as
a whole. Under the IPPC Directive permits are issued setting out limit values based on Best
Available Techniques (BAT). Although the control focus is on installations, the Directive also
RAMBOLL
Industrial Reform and Development of Policies & Legislation for BAT Application
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specifies the main polluting substances for which limits must be set for each medium. For water,
these are broadly consistent with the substances specified under the DSD. Legislation has been
passed in all Member States to control discharges to surface waters and sewers, requiring prior
authorisation of discharges containing List II substances.
The responsibility for monitoring is generally divided between the competent authorities and the
operators, although competent authorities usually rely to a large extent on "self monitoring" by the
operator, and/or on third party contractors. It is highly important that monitoring responsibilities
are clearly assigned to all relevant parties (operators, authorities, third party contractors). It is also
essential that all parties have the appropriate quality requirements in place. Monitoring should be
systematic, focusing on dangerous substances and priority substances and linked to Programmes
of Measures as set out in River Basin Management Plans under the Water Framework Directive.
However, where appropriate legislation is in place, it must be supported by proper institutional
arrangements. This includes the designation of the competent authorities with unambiguously
defined responsibilities for the permitting process, compliance and enforcement. It also includes
assigning responsibility for other activities which are supporting those processes such as
monitoring, inventorying of pollution sources and recording of all related data
These aspects all have been taken into consideration. Therefore the information in the matrices is
focused on information concerning the permitting of industrial polluters, inspection of industrial
polluters, monitoring industrial pollution, inventorying pollution sources, and recording emissions.
2.2.3. Implementation and Enforcement
In order to reduce pollution by the substances in List II, Member States must establish Pollution
Reduction Programmes (PRPs) by applying specific reduction methods in the implementation of
these programmes.
The WFD requires the assessment of human impacts in the river basin and the identification of a
programme of measures to meet the objectives (good chemical and ecological status) of the WFD
within nine years of adoption of the WFD. In addition, monitoring programmes need to be set up
within six years of the adoption of the WFD.
The elements of the Pollution Reduction Programmes under Article 7 of the DSD are similar to
those required under the WFD. A comparison of the requirements laid down in Article 7 of the DSD
with those in the WFD, in particular those for the preparation of the River Basin Management Plans
(RBMPs), shows that they are very similar. Thus instead of applying their own approaches to
comply with the DSD Member States may want to use the procedures laid down in the WFD.
Member States should therefore be encouraged to prepare their pollution reduction programmes in
compliance with the DSD with a view toward complying also with the requirements of the WFD
especially the obligation to prepare River Basin Management Plans, which need to be completed by
2009. Some of the measures contained in the WFD (e.g. the combined approach, control of diffuse
sources, monitoring requirements) may provide Member States with additional tools for the
preparation and implementation of the reduction programmes. Special provisions require using all
appropriate measures like BAT, BEP, and product controls to reduce emissions.
The implementation of the IPPC Directive should take into account other Community objectives
such as the competitiveness of the Community's industry thereby contributing to sustainable
development. More specifically, it provides for a permitting system for certain categories of
industrial installations requiring both operators and regulators to take an integrated, overall look at
the polluting and consuming potential of the installation. The overall aim of such an integrated
approach is to improve the management and control of industrial processes so as to ensure a high
level of protection for the environment. Central to this approach is the general principle (given in
Article 3) that operators should take all appropriate preventative measures against pollution, in
particular through the application of BAT enabling them to improve their environmental
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performance. BAT reference documents - BREFs are guidance documents for Member State
authorities in assisting them in issuing the permit. They are the result of the information exchange
organised by the Commission in accordance with Art 16(2) of the IPPC Directive.This legal basis
has been considered as an essential approach for development of the implementation and
enforcement matrix.
The implementation and enforcement matrix provides information concerning the National
Reduction Programmes, specific reduction programmes of operators, BAT developments and public
involvement.
2.3. Analysis of Matrices
2.3.1. Legal matrix
The legal assessment dealt with the core legal instruments of the EU: the DSD and the IPPC
Directive which relate to discharges of industrial waste water into receiving waters and with the
Water Framework Directive (WFD) 2000/60/EC that provides for the regulation of industrial
pollution releases into the aquatic environment.
The Contracting parties, of the Convention on Cooperation for the Protection and Sustainable Use
of the River Danube committed to adopt the legal requirements valid in the EU related to
implementation of the WFD. This has important implications for future industrial pollution reduction
and prevention activities within the context of the Danube River Basin Management Plan, which will
be developed by the end of 2009 However, all countries cooperating under the DRPC expressed
their firm political commitment to support the implementation of the WFD in their countries and
pledged to cooperate within the framework of the ICPDR to achieve a single, basin wide
coordinated Danube River Basin Management Plan.
The legal matrix illustrates the progress in harmonization of legal requirements of the EU, namely,
those related to the DSD and the IPPC Directive.
Comparison of the legal requirements of the DSD and the IPPC Directives clearly indicates that new
Member States (CZ, HU SK, and SI) have fully transposed all water related directives. These
countries have the same framework with respect to basic terms and definitions of priority
substances and categorization of specific polluters (including types and size of installations).
Two other countries of the Danube region (BG, RO) have shown substantial political will to join the
EU. This is documented in the adoption of national water legislation that is comparable with the
water related directives of the EU. Also, the IPPC Directive is harmonized and legally transposed.
In Croatia there is a special situation. Significant progress has been achieved at the political level
and the HR government has declared willingness to meet strict EU requirements. HR is in the
process of development of legislation with respect to industrial pollution reduction and it is
anticipated that legal changes will be completed by the end of 2006.
A very different situation exists in non-accession countries (BA, CS, MD and UA). These countries
are in different stages of making the legal adjustments. In addition, these countries have difficult
political and economic situations and the water agenda is not necessarily the highest priority. On
the other hand a legal water management framework is in place or being established which
provides the basis for these countries to participate in the ambitious pollution reduction programme
of the ICPDR. For example, CS adopted a framework Environmental Protection Act and an IPPC Act
in 2004.
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2.3.2. Institutional matrix
The institutional matrix summarizes how the existing legal framework is supported by an
institutional setting. Although the EU directives require certain institutional arrangements, these
are implemented at the level of the individual country. There are several reasons for this: the first
is the historical development and tradition in the field of water management differs among
countries; the second relates to capacities (human and financial) to support the legislation. Overall
organizational performance and functioning capabilities are a prerequisite to successful
implementation of the water protection initiatives.
All new EU Member States have focused on the administrative restructuring in the water sector in
order to meet strict institutional requirements dealing with monitoring, recording and reporting on
the implementation of the EU water related legislation. For example, different administrative bodies
were established in the Czech Republic and in Slovakia where the new responsibilities related to
the IPPC Directive were given to the environmental inspectorates (SK) or Agencies (CZ) and special
departments have been created dealing with integrated issues at the regional level. In Romania the
current environmental authorities serve as the competent authorities for integrated pollution and
prevention control permitting process.
In contrast, in Bulgaria, Serbia and Montenegro and Slovenia permitting institutions are centralized
(one permitting organization for all dischargers).
In non-accession countries, institutions are either "traditional" water management bodies or
"newly" established water management bodies. However, in all countries, institutional systems are
very dynamic, and sensitive to integration and coordination at the Danube basin level.
Based upon the assessment of the institutional matrix, it is obvious that individual countries have
different institutional settings with respect to permitting industrial polluters. These range from the
central level (ministries) to the local level (water directorates at the county or district level). The
situation is further complicated with respect to permitting of polluters that fall under the IPPC
directive and other industrial installations.
All countries have clearly defined responsibilities for the inspection of industrial polluters. However,
the structure of institutional arrangements appears fragmented with several bodies involved in
implementing water and integrated prevention and pollution control legislation. On the other hand
it is obvious that inspection of discharged pollutants depend on the capabilities of the competent
authorities (personnel capacity, financial sources) and level of legally binding emission limits (see
Annex 1, Legal matrix definitions of Priority/ dangerous substances according to the WFD and the
DSD). Therefore the efficiency of inspection is not uniform among the countries due to the different
overall institutional arrangements and legislation related to emission limits.
The new MS as well as accession countries including CS have established the conditions for an
integrated permitting system. However in HR this system will be established after transposition of
the IPPC Directive. In Bosnia & Herzegovina, Moldova and Ukraine there is a permitting system for
industrial waste water discharges in place, but it is not based on the integrated approach.
The responsibility for monitoring is generally divided between the competent authorities and the
operators.The monitoring of waste water discharges by operators is obligatory according to the
IPPC Directive and the DSD and these requirements are included in the permit conditions.. In all
countries with the exception of Bosnia & Herzegovina monitoring of industrial waste water
discharges is carried out by operators. Data is then collected by the responsible institutions.
Regular monitoring of industrial waste waters discharges is ensured by the competent authorities,
inspectorates or environmental agencies in HU, MD, RO and Sl. In some cases there is no regular
monitoring and these activities are usually a part of the inspection process for compliance with the
permit conditions (CZ, SK).
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The Danube basin countries, except Bosnia Herzegovina and the Ukraine, have designated a
responsible institution for monitoring of surface water quality. Although the monitoring (frequency
and scale) depends on financial resources, it is in place.
Based upon the assessment of the institutional matrix related to the inventory of pollution sources
it is clear that the inventory data are not available in Bosnia & Herzegovina, Bulgaria, Serbia and
Montenegro and Ukraine. In Croatia some data are available in the national database. The first
inventory of the installations covered by the IPPC Directive will be carried out by the Croatian
Center for Cleaner Production under the supervision of Ministry of Environmental Protection,
Physical Planning and Construction. Information concerning inventory of pollution sources is
concentrated at the relevant ministries or at special institutions such as VITUKY in Hungary, the
National Agency for Environmental Protection (for IPPC installations) in Romania and the
Hydrometeorological institutes in the Czech Republic and Slovakia. In practice all these institutions
are also responsible for emission recording.
2.3.3. Enforcement and Implementation Matrix
The following features of enforcement and implementation were investigated in frame of this task:
-
pollution reduction programmes at the national level
-
pollution reduction programmes at the operator level
-
BAT developments
-
public involvement
Enforcement of these issues represents activities associated with promoting compliance and
obedience to those binding state rules that have been promulgated in generally to safeguard
ecological integrity, preserve natural resources and protect human health. The results of then
institutional arrangements matrix analysis show that the main tool for enforcement is inspection
focused on assessment of compliance with conditions laid down in industrial waste waters
discharges permits. Inspection is carried out in all the CP by environmental inspectorates and in
some cases (Czech Republic, Slovakia, Serbia and Montenegro) by water management authorities
which are issuing permits for those sources of pollution that are not subject to integrated permits.
Enforcement programmes with suitably trained staff and resources are important to ensure the
continued adherence of dischargers to their permit conditions, and to assess compliance of quality
of discharged waste water with emission limits and environmental quality objectives.
New EU Member States and RO utilize both emission standards and the quality objective approach.
In HU, the EQS are being developed. In BA, HR, CS, MD and UA, emission limits are set; however,
these are not in compliance with the DSD. EQS are not defined in BG, MD and UA.
All new EU Member States, legally require t industrial polluters to develop and implement accident
prevention measures. A gap exists in non-accession countries, Water legislation does not include
the prevention of industrial accidents by appropriate measures and polluters are not required to
develop Accident Prevention Plans.
In summary, each of the Danube basin countries has legally established the requirement of prior
authorization for a polluter to discharge waste water into the recipient waters. This authorization is
given in a permit that stipulates emission limits and other conditions of operation. Specific details
of the legal requirements vary among countries. Time limited permits and changes in permits as a
consequence of changes in operation of the installation are in place in all countries, however, the
time limitation varies from 1 year to 10 years. In the case of Croatia there is maximum time
limitation of 15 years and in Bosnia Herzegovina 30 years
All EU Member States and Romania have adopted pollution reduction programmes at the national
level, but responsibilities for the implementation and enforcement of pollution reduction
RAMBOLL
Industrial Reform and Development of Policies & Legislation for BAT Application
page 13
programmes varies from country to country. For example, in the Czech Republic and Slovakia
these programmes have been approved by the governments and responsibilities for
implementation have been delegated to the relevant national ministries and to the state
administration on the regional level. The permits include measures focused on pollution reduction
and deadlines for implementation.
In Romania, there is an implementation plan for the IPPC Directive which contains information on
the straightening of administrative capacity, cost assessment and financial resources. All new
installations and those with substantial changes will operate according to the IPPC Directive
requirements until the EU joining date, but not later than at the time of coming into operation if
this date is after the date of EU accession. 716 existing installation have been identified under the
IPPC Directive and for 195 of this installations, Romania has obtained transition period, between 2
and 9 years.During September 2004 May 2005, 6 integrated environmental permits were issued
and 80 application integrated environmental permits have been submitted; they are during the
analysis process.
Slovenia is in the process of issuing IPPC permits for the installations. The operators reported on
their installations to the Ministry for the Environment and Spatial Planning prior to April 30, 2005.
It was concluded that there are approximately 190 existing IPPC installations. For fifteen of them a
transitional period was endorsed during the accession negotiations. They have to be harmonized by
2015.
Bulgaria and Croatia and non-accession countries do not have pollution reduction programmes at
the national level. This has very important implications in the area of intervention at the level of
the ICDPR with regard to the preparation of the Danube River Basin Management Plan and
Programme of measures as required by the WFD.
The same is valid for operator programmes. The pollution reduction programmes of operators are,
according to the IPPC Directive, an essential part of the permit application. Therefore, the
operators are obliged to develop individual reduction programmes and these are subject to
inspection. Non- accession countries do not have these requirements.
The situation with respect to BAT varies among Member States The majority of Member States
indicate that the BAT Reference Documents (BREFs) published by the Commission pursuant to
Article 16(2) of the Directive on the exchange of information on BAT are taken into account
generally and in specific cases when determining BAT. Some BREFs are being translated into
national languages (CZ, SK).
Hungary is preparing national BAT guidance documents based on the BAT reference documents
issued by the EU Commission. Seven of these guidance documents are currently completed (for
cement and lime sector, intensive rearing of pigs, plastic production, production of simple
hydrocarbons, pharmaceutical sector, milk production and sugar production) and another 11 are
being prepared. In Romania the regulation for the approval of the Reference Documents on BAT
has been issued in some industry categories.. The National Centre for coordination, information
and up-dating of BAT guides has also been established. The National BAT guides will be in line with
the reference documents issued by the EC. In Bulgaria Sector Guidelines on the implementation of
BAT in the chemical industry, cement industry, surface treatment of metals and large combustion
plants are developed. This matrix is also focused on availability of information for the public
concerning:
-
pollution sources,
-
monitoring results for compliance assessment
-
monitoring results for the environmental reporting of industrial emissions and
-
public involvement in the permitting process.
UNDP/GEF DANUBE REGIONAL PROJECT
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There is a common approach in the member states concerning public information on pollution
sources and monitoring results. These data are available to the public in annual reports that
are available on the web pages of relevant ministries, institutions and agencies. This kind of
information is limited in non-accession countries.
Reporting obligation according to the IPPC Directive were laid down in Commission Decision
2000/479/EC on the establishment of a European Pollutant Emission Register( EPER) which covers
large and medium-sized industrial plants which are listed in Annex I of the IPPC Directive and
which exceed specified emission thresholds. EPER aims to provide scientists, local authorities and
policy makers with a consistent, Europe-wide emissions database. The first set of emission data,
covering the year 2001, was published in February 2004. EPER contains data on the main pollutant
emissions (50 substances emitted to air and water from 56 industrial activities) reported by around
10,000 large and medium-sized industrial facilities in the 15 EU Member States, Hungary and
Norway. The second set of data for EPER, covering 2004, will be reported in 2006 and all new EU
Member States will take part.
There has been a high level of transposition of the EU Directives into national legislation of the
Danube countries in DE, AT, CZ, SK, HU, SI, RO, BG, and HR. Also, the rest of the countries as
Contracting Parties committed to adopt the legal requirements to those valid in the EU. This has
important implications for future industrial pollution reduction and prevention activities within the
context of the Danube River Basin Management Plan, one of the main challenges of the ICPDR.
However these issues are complex and the CPs have made an effort to fulfil their obligations. For
example:
In Bulgaria according to the Environmental Protection Act the Executive Environment Agency will
maintain a public register of the results of emission monitoring provided for in the integrated
permits and transmit this data to the European Register of Noxious Substance Emissions. The
information provided should be assimilated into databases that allow Bulgaria to meet its
commitments under the IPPC Directive, the European Pollution Emission Register Decision and the
Protocol on Pollution Release and Transfer Registers.
The Ministry of Environmental Protection, Physical Planning and Construction of Croatia will be
responsible for establishing a reporting system regarding emissions to air and the Ministry of
Agriculture, Forestry and Water Management will be responsible for establishing a reporting system
regarding emissions to water. The register will collate all individual reports and will be established
by the Ministry of Environmental Protection, Physical Planning and Construction on the basis of a
governmental order
Hungary took part in the first EPER reporting on a voluntary basis, as the first representative of
the new Member States. Hungary is already preparing for the second reporting of EPER data for the
reporting year 2004 in June 2006.
The 2004 emission data was reported by the facilities in the first quarter of 2005 and they are
checked and recorded in the databases by the responsible authorities. The quality assessment of
the data starts in the autumn of 2005.
Difficulties still exist concerning data collection. A software tool for data on emissions to surface
water currently does not exist. New software tools querying data for EPER purposes are in the
testing phase. Problems also occur with the determination of diffuse emissions coming from
agricultural facilities.
The EPER Decision was transposed Romanian law by the Order of the Minister of Waters and
Environment Protection no. 1144/2002. The National EPER Implementation Guide includes forms
and examples of reporting, including interpretation of definitions, data quality and management,
reference to emission estimation methods and lists of pollutants specifically for each sector of
activity, per source categories, as well as code systems related to activities in Appendix 1 of the
Directive. The annual report concerning pollutant emissions will be published on the Ministry of
RAMBOLL
Industrial Reform and Development of Policies & Legislation for BAT Application
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Environment and Water Management web site, ensuring public access to environmental
information, according to the provisions of the applicable laws. Also, the data from EPER is
transmitted to the European Agency for Environment Protection.
Slovenia will submit the first report to the EPER register in June 2006. Facilities which will be part
of the EPER Report have been identified from mandatory emission reporting obligations. Data on
emissions are available in the databases of the Environmental Agency of the Republic of Slovenia.
The Slovak Hydrometeorological Institute is preparing the database "Integrated Register of
Pollution" which will serve for the deposit and handling of information as required by IPPC and
EPER (emissions into air and water). At present it is in the testing stage. Data from operators are
already in this database and are being verified and accumulated consistent with the EPER
requirements.
The European Community and its Member States signed, a Protocol on Pollutant Release and
Transfer Registers (PRTRs) with the UN-ECE at the fifth Ministerial Conference "Environment for
Europe" in Kiev, in May 2003.
In order to ratify the UN-ECE Protocol, the limited existing European Pollutant Emission Register
(EPER), has to be replaced by a comprehensive European PRTR. The European PRTR will fully
succeed the existing EPER In order to simplify and streamline reporting requirements, Council
Directive 91/689/EEC on hazardous waste and Council Directive 96/61/EC concerning integrated
pollution prevention and control are to be amended.
These legal acts are also designed to ensure the Community's full compliance with the provisions of
Article 5(9) of the Århus Convention which the Commission adopted on October 7th, 2004.
The PRTR should go online in 2009 and will then replace EPER. Its first reporting year will be 2007.
AS EPER, the European PRTR will provide information about releases of pollutants from specific
industrial facilities and activities, on a country by country basis.
The PRTR will report on more than 91 substances released to air, water and land from 65 activities.
It will also have information on what industrial installations do with their waste and waste water.
The reporting cycle will be annual instead of every three years. Also, the European PRTR will also
compile reports of pollution from diffuse sources such as road traffic, aviation, shipping and
agriculture. Following its establishment, citizens will have a say in how it should be further
developed.
Slovenia was active in the process of adopting the European PRTR regulation and is acquainted
with the obligations of reporting which have to be fulfilled. The activities to complete (harmonize)
Slovenian national legislation for the European PRTR reporting obligations have already started.
Hungarian legislation relating to this regulation has to be reviewed and the necessary
modifications made. The databases concerning waste transfers and emissions to land already exist
but they have to be slightly modified and included in the integrated software system. The whole
system will be established taking into consideration the fact that 2007 is the first year of reporting.
In Romania the information/data on pollutant emissions are to be assimilated into databases in
order to meet the requirements of the IPPC Directive, the European Pollution Emission Register
Decision and the Protocol on Pollution Release and Transfer Register.
A mechanism for public involvement in the permitting process is in place in all Member States
and accession countries and they have legal provisions to ensure the availability of information and
participation of the public in the integrated permitting procedure. However there are some
differences among countries mainly in those cases of permitting procedures, dealing with industrial
waste water discharges which are not subject of the IPPC Directive. Public involvement is not yet
developed in non-accession countries.
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2.4. Summary
The Review of policy, legislation and enforcement is an integral part of the activities carried out in
accordance with the Terms of Reference of the Industrial Policy Project. The objective of this
activity has been to obtain information from the Contracting Parties of the ICPDR (except for
Austria and Germany) concerning new developments and progress achieved in the field of EU
legislation transposition, policy and enforcement. These are important tools for the reduction of
industrial pollution in the Danube River Basin.
This activity has been executed in cooperation with the members of P&M EG and supported by the
ICPDR Secretariat Experts.
All available information gathered from the ICPDR Database and from the Danube Countries has
been summarized in matrices. An analysis of the legal, institutional, implementation and
enforcement matrices indicates the following:
- The basic legal framework is in place in the Danube countries. Substantial progress has
been recorded in the accession countries. On the other hand, more remains to be done
in non-accession countries to complete the adoption of modern water legislation.
- In general all countries require waste water discharge permits. All countries have well
developed basic monitoring requirements carried out by polluters, however, monitoring
of industrial discharges and hazardous substances executed by the competent
authorities needs to be improved.
- Based upon the assessment of the institutional matrix, individual countries have
different institutional settings with respect to permitting industrial polluters. These
range from the central level (ministries) to the local level (water directorates at the
county or district level). The situation is further complicated with respect permitting of
polluters that fall under the IPPC directive and other industrial installations.
- The degree of success in the implementation process of BAT implementation varies
among Member States. The Member States indicate that the BAT Reference Documents
(BREFs) are taken into account generally and in specific cases when determining BAT.
Some countries (HU, Sl, RO and BG) have established legal measures for the adoption
of the national BAT guidelines related to specific industries, based upon the BREFs.
- Public involvement in integrated permitting process has been improved as well as the
access of public to information concerning the monitoring results and sources of
pollution.
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Industrial Reform and Development of Policies & Legislation for BAT Application
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3. A.2. IMPACT OF ICPDR BAT RECOMMENDATIONS
3.1. Introduction
In 2000 the ICPDR EMIS/EG produced Recommendations on Best Available Techniques for the
heavily polluting sectors in the field of water (Food Industry, Chemical Pulping Industry, Paper
Making Industry, Chemical Industry and monitoring of wastewater discharges). These
recommendations were translated into the national languages of DRB countries with EU support
and published on DANUBIS.
The EMIS/EG members were given the responsibility to report on how the national and local water
authorities would make the most efficient use of these recommendations, with respect to
enforcement, compliance and implementation, including:
(i) preparation of a list of the potential beneficiaries (water authorities, industries, industrial
associations, etc.),
(ii) proposal for the development of other guidelines and recommendations and
(iii) ways on how best the information exchange can be maximised among the local
authorities and local industrial beneficiaries.
The completion of the first reporting period according to the reporting formats of the ICPDR
recommendations on the use of BAT for the selected four industries: chemical industry, chemical
pulping industry, food industry, and paper making industry, was 30th of June 2004.
In 2003 EMIS/EG in addition, introduced the Recommendation on BAT at Agricultural Point
Sources. The recommendation contains technical in-plant and end-of-pipe measures for the
reduction of wastewater volumes and abatement of pollution loads. Additional measures are
proposed to improve environmental compliance at the plant and enforcement of the permitting
environmental authority.
According to Resolution of the 2nd Standing Working Group of ICPDR the contracting countries
have agreed with the proposed recommendation and with implementation of the provisions of this
document at the national level starting January 1st. 2006.
The Terms of Reference of the Industrial Policy Project require an assessment of the use of national
and local authorities and other beneficiaries of the recommendations. In addition, an analysis of
the lessons learned from the ICPDR Recommendation experience may be used to further assess
the application of BAT in the DRB. The EMIS EG expressed a concern that any confusion between
the ICPDR recommendations and the EU BREF notes be avoided. This has been taken into
consideration in this section of the report. In part, for example, by using the correct title of the
ICPDR work as recommendations and the EU material as guidelines.
3.2. Methodology
The methodology involved the review of the ICPDR country reports on the use of the
Recommendations and an analysis of the potential future use of the ICPDR Recommendations to
implement BAT in the DRB based upon the lessons learned.
The ICPDR Recommendations were developed for four industries; the chemical industry, the
chemical pulping industry, the food industry and the paper making industry. The Recommendations
were made at the sectoral level and therefore were general in nature.
UNDP/GEF DANUBE REGIONAL PROJECT
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In spite of repeated requests to the P&M EG Technical Expert only two country reports were
received for the Czech Republic and Slovakia. Of these only the Czech Republic provided
information the to the ICPDR with respect to the implementation of the BAT recommendations. The
report is for three sectors papermaking, food industry and the chemical industry in the Morava
River Basin. A total of 20 enterprises 9 papermaking, 6 food industry and 5 from the food industry
sector were reported on and can be summarized as follows:
a) Papermaking
The Czech report for the papermaking industry indicates that all of the installations have
implemented multiple use of waste and service waters. In the year 2002 7 of the 9 installations
exceeded the limits for BOD. In 2003 several improvements including the construction of a
biological WWTP at one installation; another made a change in the biological treatment process and
other installations substituted less harmful substances. The cumulative result is that the pollution
emissions were reduced to meet both the ICPDR and Czech requirements
b) Food
Industry
In the food industry 6 installations were reported.
Approximately half of the ICPDR Recommended measures have been implemented and all
installations have their own WWT plant.
c) Chemical
Industry
With respect to the Chemical Industry all 5 of the monitored plants have their own WWTP and most
of the ICPDR Recommendations have been implemented.
3.3. Summary
From these results it can be seen that voluntary recommendations may improve the process of
pollution reduction prior to legally binding regulation at least in the case where such legislation is
anticipated.
3.4. Lessons Learned
The ICPDR Recommendations are similar in approach to the IPPC BAT requirements. The ICPDR
Recommendations were implemented prior to the IPPC legislation coming into place. The Czech
Republic example suggests that having recommendations in advance, consistent with forthcoming
legislative measures for pollution reduction measures may be useful. The fact that there were three
sectors in which this took place means that the impact can be broadly based and not limited to one
industrial sector. The role of the ICPDR is critical to the process. The ICPR has the credibility,
expertise and the support mechanisms to disseminate and support the implementation of the
Recommendations. By developing the Recommendations centrally the ICPDR contributed toward a
consistent approach in all DRB countries and made it easier for the country which implemented the
Recommendations to subsequently implement the EU IPPC Directive.
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Industrial Reform and Development of Policies & Legislation for BAT Application
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3.5. Concluding Comments
The Impact of the BAT recommendations has been positive as evidenced by the Czech example.
However, circumstances have changed with the widespread implementation of the IPPC Directive
to the extent that it may no longer be necessary for the ICPDR Recommendations to be used.
It is therefore reasonable to conclude that the future of BAT application in the DRB will be largely
based upon the IPPC BAT legal requirements. Therefore, the EU, through the Seville Centre and
other extensive supporting measures now in place for countries required or wishing to use BAT
provides sufficient sources of information and guidance. Secondly, BAT must ultimately be
implemented at the level of the installation. The detail for this level is developed in the form of
BREFs from the EU which can be up to 1000 pages long far surpassing the detail of the ICPDR
Recommendations. Thirdly, the EU has aid programmes which can encourage the use of BAT in non
member countries.
It can be concluded that the ICPDR Recommendations played a useful role in anticipating the
potential impact of BAT in pollution reduction in the DRB and providing information and guidance
prior to the implementation of the EU IPPC Directive in Member States. However, the situation has
now changed and the ICPDR should focus on other opportunities to reduce pollution in the DRB.
UNDP/GEF DANUBE REGIONAL PROJECT
Report on Review Policy, Legislative and Enforcement
page 20
4. A.3. CASE STUDIES ON IMPACT OF BAT/IPPC
IMPLEMENTATION IN THE DANUBE RIVER BASIN
4.1. Introduction
It is anticipated that the introduction of the use of BAT by industries and agriculture would result in
a positive impact on surface water pollution in the DRB. The use of modern technologies which
produce lower pollution and the introduction of more stringent emission limit values reduce
discharges. The application of the BAT concept also leads to more efficient prevention for, by
example stressing the use of less dangerous substances as well changing behavior which is also an
important BAT factor.
While the benefits of the application of BAT are logical, the quantitative assessment of BAT
implementation impact is extremely difficult. It requires very detailed knowledge of the data in
each installation because the permitting process is installation specific. The data required for
impact calculation includes both the knowledge of technology status as well as current emissions.
Such data is not currently generally available and it can not be expected to be available in near
future. This means that only very broad estimates can be made with the limited data. The ICPDR
Draft Emission Inventory 2002 provides a good overview of discharges from the majority of
installations in the region which can be used for the estimation of BAT implementation impact.
4.2. Methodology
The estimate is based on more detailed knowledge of selected pilot IPPC installations/case studies
in two industrial sectors; chemical and pulp and paper. The pulp and paper industry was selected,
in part, because it is the largest discharger of COD accounting for almost 50% of total discharges in
the DRB (Emission Inventory 2002).
The detailed information gathered from the two installation case studies provided the data on the
reduction of pollution and other impacts due to BAT implementation at the installation. The order of
magnitude of reduction was confirmed by comparing average levels of concentration data from
installations in Germany which have already implemented BAT with those in installations in Croatia
and Romania which have not yet implemented BAT. The reduction in COD in the pulp and paper
case study was then projected to the rest of the pulp and paper installations in the 2002 EMIS
Inventory. This resulted in an estimate of the BAT implementation impact in that sector. The
calculation was based on simple multiplication. The reductions in pollutants in the pulp and paper
sector were then applied on a percentage bases to the total COD discharges. This resulted in a
general estimate which is consistent with the type and amount of data available. The estimate
should be used with caution recognizing that it is preliminary estimate. However, even with these
qualifications it is hoped that the estimate will be the starting point for further more detailed
calculations as more installations implement BAT and more installation specific data become
available.
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Industrial Reform and Development of Policies & Legislation for BAT Application
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4.3. Impact analysis and estimation
4.3.1. Pulp and paper sector
The pilot installation Kappa Sturovo is a Slovak pulp and paper company which discharges waste
water into the Danube River The EMIS 2000 and 2002 inventory data were supplemented by 2005
data which were obtained during a site visit to the company. The company is in the process of
obtaining an integrated permit for the pulp and paper installation and an integrated permit for its
large combustion plant has already been issued. The following table shows the emission data for
2000, 2002 and 2005.
Table 1. Emissions in the pilot installation Kappa Sturovo in 2000, 2002 and 2005
Pollutant Unit
Tota
l load discharged
Year 2000
Year 2002
Year 2005
Waste water volume
Thousand m3 /year 12823
12600
9700
COD
t/year
7489 6310 3000
BOD t/year
2963
2140
970
TOT-N t/year
84,6
4,3
19
TOT-P t/year
498
96
39
SS
t/year
2411 2430 1500
Non polar extractable
t/year -
14
5,5
substances
Dissolved inorganic
t/year
6180 5500 4300
substances
The 2005 data show a reduction of waste water volume as well as total load of pollutants
discharged as a result of technology and waste water treatment changes. In 2004 the company
introduced a change of pulp production technology to non-sulphur technology and changed the
mechanical treatment of waste water to anaerobic and aerobic treatment. As seen from Table 1 the
technology and waste water treatment resulted in significant reduction of waste water volume and
all substantial pollutants while the production capacity has not changed. The changes resulted in a
more than 50 % reduction in some pollutants (BOD, COD).
Additional calculations based on average concentration of pollutants in wastewater were done for
installations which indicated the use of BAT (Germany) and companies which use out of date
technologies (Romania, Croatia). The results confirm an almost 50 % difference in those
companies which use BAT. Unfortunately the specific BAT parameters can not be calculated as the
production capacities are not known.
In conclusion it can be seen that the use of BAT in non-EU countries can result in significant
reduction of industrial pollution which can reach more than 50% in the case of COD. The total
annual COD emission in the pulp and paper sector in 2002 (excluding Austria and Germany where
BAT was already in place) was 53,306 t/a. Therefore applying the estimate of a 50% reduction
would result in a reduction in pulp and paper industrial COD discharges of 26,653 t/a.
The total number of pulp and paper installations in the DRB excluding Austria and Germany is 21
and their distribution by country is seen in Table 2. Non-EU countries have 12 installations with
potential reduction of pollutants similar to the pilot installation.
UNDP/GEF DANUBE REGIONAL PROJECT
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page 22
Table 2. Pulp and paper installations in DRB countries
Bosnia i Herzegovina
1
Bulgaria 1
Croatia 1
Czech Republic
3
Hungary 3
Romania 5
Slovakia 1
Slovenia 2
Ukraine 4
COD total
53306,86 t/year
4.3.2. Chemical
sector
The Novaky Chemical Plant was selected as a pilot installation. The company produces a large
volume of inorganic and organic chemicals. The company is very complex. It has 12 IPPC
installations and three IPPC permits have already been issued (ethylene chloral hydrine, dichlorl-
ethane and poly-vinyl alcohol/poly-vinyl acetate).
Table 3. Emissions in the pilot installation Novaky Chemical Plant in 2000 and 2002
Pollutant Unit
Total load di
scharged
Year 2000
Year 2002
waste water volume
Thousand m3 /year 4853 5890
COD (chemical oxygen demand)
t/year 1391
1990
BOD5 (biological oxygen demand)
t/year 282
545
SS (suspended solids)
t/year -
101
Hg (mercury)
t/year -
.2
non polar extractable substances
t/year -
3.5
dissolved inorganic substances
t/year -
31500
Discussions with representatives of Nováky Chemical Plant during the site visit showed the very
high complexity of the problem and therefore it is not realistic to come with any quantitative
estimates.
Nevertheless, the discussions also confirmed that technological changes and the use of BATs have
already resulted in reduction of pollutants in the three IPPC installations which received integrated
permits. The company is undergoing further technological changes which will result in significant
reduction in mercury discharge (de-mercurisation) as the emission limit values exceed almost 100
times the BAT required values.
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Industrial Reform and Development of Policies & Legislation for BAT Application
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4.3.3. Food sector
Simple calculations of average concentrations of some pollutants in discharges in installations in EU
member countries and those in non-EU countries have shown significant differences in favor of EU
countries. The differences in average concentrations were up to 50 % higher in non-EU country
installations. Unfortunately, the lack of more detailed data makes more reliable estimates for this
group of industries impossible.
4.4. Conclusion
The above analysis shows clearly that the hypothesis of that BAT implementation will have a
positive impact on pollution reduction in the DRB is correct. The reduction of 50% estimated for
COD for the pulp and paper industry would result in an annual reduction of 26,653 t/a in that
sector. Applying the same calculation to total industrial COD discharges of 133,950 t/a (excluding
Austria and Germany) the reduction would be 66,975 t/a. As was mentioned in the introduction the
estimates are very preliminary and based upon the data available so caution should be used in
their use. Actual reductions may be higher or lower and are subject to a variety of factors which
are not part of this analysis for example the closure of installations and new installations which
may be built. Nevertheless, it is anticipated that these estimates will be only the first step in
developing estimates for future pollution reductions due to the implementation of BAT and other
measures in the DRB.
UNDP/GEF DANUBE REGIONAL PROJECT
Report on Review Policy, Legislative and Enforcement
page 24
ANNEXES
ANNEX 1
Legislation, institutional and implementation and enforcement matrices
RAMBOLL
Industrial Reform and Development of Policies & Legislation for BAT Application
page 25
Legal Matrix
Country
Terms/definitions reflected into the
Limits through permits
Requirements of the permitting process of industrial waste water discharges (direct
national legislation
reflected into the national
and indirect)
legislation
(dangerous substances)
Priority/dangero
Industrial
Emission
Environmental
Authorization
Content of
BAT
Time limitation
Accident
us substances
installations
limits (EL)
Quality
requirements
operator`
requirement2
and changes in
measures
according to WFD according to IPPC
Standards
application1
permit
requirements
and DSD
Directive
(EQS)
Bosna i
Not defined
Not defined
Book of
Book of
Authorization
Applications not
BAT not
Time limited
Accident plans
Herzegovina
according WFD or
regula-tion on regulation on
required at
in compliance
specifically
between 1 to 30 of operators
DSD
condition of
condition of
federal and
with Art. 6
defined and not years
not required
realising
realising waste
cantonal levels,
required by law
waste waters
waters into
overlapping
into surface
surface waters
competencies
waters
(Official Gazette
(Official
Republic of
Gazette
Srpska, No.
Republic of
44/01
Srpska, No.
44/01
Bulgaria Defined
in
Defined in Act on
Defined in
Regulation7/08.
Authorization to
IPPC Regulation
BAT required
Permits are time Accident plans
Regulation 6/2000 Environmental
Regulation
08.1986 -
discharge more
(Ministerial
according to
limited
of operators
on Emission Limit
Protection Act
6/2000 on
parameters and
than 10 m3/day
Decree 67/2003,
Water Act and
required
Values of
adopted in 2002
Emission
norms for the
required,
amended 2005)
IPPC
Dangerous
and IPPC
Limit Values
quality of
In case if IPPC
setting out the
Regulation
Substances
Regulation adopted
of Dangerous
Surface water
installation the
conditions and
(Ministerial
in 2003, setting out Substances
bodies
water discharge
procedure for the
Decree
the conditions and
permit is
issuing of IPPC
67/2003,
procedure for the
Ministerial Order
replaced by IPPC
permits;
amended 2005,
issuing of
272/2001 on the permit.
article 3. - i
Integrated Pollution
categorization of
Regulation
Methodology on
criteria for
Prevention and
the water quality (Ministerial
the requirements
determination
1 according to Art. 6 (IPPC)
2 (Art. 3 IPPC, and/or Art. 4 86/280/EEC best technical means DSD
UNDP/GEF DANUBE REGIONAL PROJECT
Report on Review Policy, Legislative and Enforcement
page 26
Country
Terms/definitions reflected into the
Limits through permits
Requirements of the permitting process of industrial waste water discharges (direct
national legislation
reflected into the national
and indirect)
legislation
(dangerous substances)
Priority/dangero
Industrial
Emission
Environmental
Authorization
Content of
BAT
Time limitation
Accident
us substances
installations
limits (EL)
Quality
requirements
operator`
requirement2
and changes in
measures
according to WFD according to IPPC
Standards
application1
permit
requirements
and DSD
Directive
(EQS)
Control (IPPC)
in the surface
Decree 67/2003,
for the scope and
of BAT.
permits for the
water bodies
amended 2005)
format of the
construction and
setting out the
Application forms.
operation of new
conditions and
and the operation
procedure for the
of existing
issuing of IPPC
industrial
permits;
installations
Guideline with
requirements on
the scope of the
conditions in the
IPPC permit
Croatia Not
defined A first inventory
Highest
For the inland
Authorization
Applications not
BAT not
Time limited,
Accident plans
according WFD or
under preparation
permissible
waters one
required
in compliance
defined and not max. for 15
of operators
DSD
by the Croatian
concentration
concentration
It is tentatively
with Art. 6
required by law years
required.
Center for Cleaner
s available for limit is given for
planned that
Production during
inland waters
classes I-II and
permitting for
2005, although the
and sea for
another for
existing
timing of full
45 substances classes III-V.
installations will
implementation of
identified as
be phased in
the obligation to
hazardous.
several years. A
identify all relevant
Permissible
time schedule for
installations has not concentration
implementation
been determined
s for other 77
has not been
yet. A draft
"other
determined yet.
timetable for the
hazardous
technical
substances"
assessment of
are available
installations
as well.
covered will be
prepared during
2005/2006.
RAMBOLL
Industrial Reform and Development of Policies & Legislation for BAT Application
page 27
Country
Terms/definitions reflected into the
Limits through permits
Requirements of the permitting process of industrial waste water discharges (direct
national legislation
reflected into the national
and indirect)
legislation
(dangerous substances)
Priority/dangero
Industrial
Emission
Environmental
Authorization
Content of
BAT
Time limitation
Accident
us substances
installations
limits (EL)
Quality
requirements
operator`
requirement2
and changes in
measures
according to WFD according to IPPC
Standards
application1
permit
requirements
and DSD
Directive
(EQS)
Hungary Defined
in
Defined in
Defined by
Under
Authorization
Applications of
BAT required
Permits are time Requirement to
Environmental Act
Governmental
the Ministerial elaboration in an required
operators contain
according to
limited
develop
LIII/1995
Decree No.
Decree
ministerial
according to
requirements
Environmental
Accident plan
and
193/2001 (X.19)
28/2004
decree
Governmental
according to Art.
Act and IPPC
Governmental
Decree 20/2004
6
Governmental
Decree 220/2004
on water quality
Decree
protection
No.193/2001
(X.19)
Moldova
Not defined
Not defined
The Act on
Standards
Authorization
Applications not
BAT not
Time limited
Accident
emission,
available for
required
in compliance
defined and not from 1 to 5
measures are
Water Code
human health,
with Art. 6
required by law years
required,
(hygiene) for the
Regulation on
fisheries,
accident
irrigation, 40%
situation
of the Danube
(Hydromet
list covered
services are
responsible for
solving
accident
situations)
Romania
Defined in the
Government
Annex B,
Annex B, table
Authorization
Ministry Order
Ordinance
Permits are time Accident plans
Water Law
Emergency
table 1 of
1, 2 and 3 of
required
277/1997
34/2002
limited at max.
of operators
107/1996
Ordinance 34/2002
Government
Government
(concerning the
approved by
5 years
required
amended and
concerning pollution Decision
Decision
procedure of
Law 645/2002
completed by the
prevention,
351/2005
351/2005
issuing water
Law 310/2004
reduction and
permits).
(transposes the
integrated control",
Ordinance
WFD) and in
approved by Law
34/2002
Government
645/2002
approved by Law
Decision 351/2005
645/2002; and
(transposes the
Ministry Order
DSD)
818/2003 setting
UNDP/GEF DANUBE REGIONAL PROJECT
Report on Review Policy, Legislative and Enforcement
page 28
Country
Terms/definitions reflected into the
Limits through permits
Requirements of the permitting process of industrial waste water discharges (direct
national legislation
reflected into the national
and indirect)
legislation
(dangerous substances)
Priority/dangero
Industrial
Emission
Environmental
Authorization
Content of
BAT
Time limitation
Accident
us substances
installations
limits (EL)
Quality
requirements
operator`
requirement2
and changes in
measures
according to WFD according to IPPC
Standards
application1
permit
requirements
and DSD
Directive
(EQS)
up the procedure
for issuing
environmental
integrated
permits
Serbia
Dangerous
Law on IPPC has
Emission limit
By the new IPPC
Law on IPPC has
Law on IPPC has
Law on IPPC
According to
The new Law
Monte-negro
substances are
been adopted in
values for
Law authoriza-
been adopted in
been adopted in
has been
IPPC Law Permit specifies
defined by the
Dec. 2004
wastewaters
tion is necessary
December 2004.
December 2004.
adopted in
is issued for the
necessary
Law on Env.
Industrial
only
by the Ministry
It defines what a
It specifies all
December
maximum time
documents in
Protection (2004)
installations are
ELs for DS
of env.
permit should
necessary
2004. It
period of 10
permit
but there is no
defined in both the
are not
protection.
contain.
documents for
defines what a
years and
application
Regulation Act
IPPC Law and
defined.
Presently it is
the application.
permit should
changes in
which include
with the list of DS
Environmental
Presently ELs
done by the
contain,
permit are also
planned
according to
protection Law
exist only for
Directorate for
including
possible under
accident
DSD/WFD. The
(2004). Providing
effluent
water
requirements
specified
measures
existing
the list of activities
discharged in
regarding BAT
conditions. Not
Regulation on
carried on in the
the municipal
in practice yet
Dangerous
installations in a
sewer system
substances in
separate Regulation (1975) not
waters (1982)
Act has not been
including all
include the list of
adopted yet.
the DS
substances with
MAC. Priority
substances are
not defined
according to WFD
or in any other
way. The new Law
on water is
prepared now in
process of
adoption
RAMBOLL
Industrial Reform and Development of Policies & Legislation for BAT Application
page 29
Country
Terms/definitions reflected into the
Limits through permits
Requirements of the permitting process of industrial waste water discharges (direct
national legislation
reflected into the national
and indirect)
legislation
(dangerous substances)
Priority/dangero
Industrial
Emission
Environmental
Authorization
Content of
BAT
Time limitation
Accident
us substances
installations
limits (EL)
Quality
requirements
operator`
requirement2
and changes in
measures
according to WFD according to IPPC
Standards
application1
permit
requirements
and DSD
Directive
(EQS)
Slovakia Defined
in
Water
Defined in IPPC Act
ELS are
Defined in
Authorization
Details of
BAT required
Time limited
Details on
Act 364/2004
245/2003 Annex 1,
defined
Regulation
required
application are
according to
permit up to 10
accident
Annex 1
as amended by Act
according to
296/2005,
according to
defined in IPPC
IPPC Act
years max., in
measures are
and
No. 532/2005
operations as
Annex 1 and 7
IPPC Act and
Act 245/2003, as
245/2003, as
case that waste
defined in IPPC
Regulation
the max.
EQS available for Water Act.
amended by Act
amended by
water contains
Act
296/2005
mean daily
about 85% of
Everybody
No. 532/2005 and Act No.
dangerous
and monthly
the substances
discharging
are in compliance
532/2005 and
substances up
Industrial
concentration
from the Danube waste water is
with the Art. 6
Water Act
to 4 years
operator must
s and the
list plus five
obliged to apply
364/2004
develop the
max. amount
additional
for the
Any significant
Accident plan
of subst.
substances
authorization.
change in
dischar-ged
The discharge
operation
per unit of
without
requires a new
industrial
authorization is
permit
activity per
not allowed.
day and per
The authorization
months
is required for
handling with
dangerous
substances.
Slovenia Defined
in
IPPC Regulation No. EL are set in
EQS are set in
Authorization
Defined in IPPC
BAT required
Permits are time Requirement
Regulation on
97/2004 defines
29 different
Regulation on
prior to discharge Regulation.
according to
limited: for IPPC for operator to
emission of
types of economic
regulations on chemical status
required
Applications of
IPPC
installations
make a
substances and
activities and
emission of
of surface waters
operators contain
Regulation and
permits last 10
description of
heat in
installations that
waste water
No. 11/2002
requirements
in Environment
years. Any
danger and risk
wastewater into
fall under IPPC
regarding
according to Art.
Protection Act
significant
for
water and sewage
directive
different
6
No. 41/2004
change in
environment
system, No.
economic
operation
and to define
47/2005
activities
requires a new
measures for
permit
preventing the
accidents and
to limit their
consequences
UNDP/GEF DANUBE REGIONAL PROJECT
Report on Review Policy, Legislative and Enforcement
page 30
Country
Terms/definitions reflected into the
Limits through permits
Requirements of the permitting process of industrial waste water discharges (direct
national legislation
reflected into the national
and indirect)
legislation
(dangerous substances)
Priority/dangero
Industrial
Emission
Environmental
Authorization
Content of
BAT
Time limitation
Accident
us substances
installations
limits (EL)
Quality
requirements
operator`
requirement2
and changes in
measures
according to WFD according to IPPC
Standards
application1
permit
requirements
and DSD
Directive
(EQS)
Ukraine Not
defined Not defined
Resolution of
Not defined
Authorization
Not in compliance
BAT not
Time limited up
Not required
according to WFD
the Cabinet of
required.
defined and not to 3 or 25 years
and DS.
Ministers "On
Resolution of the
required by law
Resolution of the
the procedure
Cabinet of
Cabinet of
of
Ministers "On the
Ministers "On the
development
approval of the
approval of the
and approval
Rules of the
Rules of the
of norms
protection of
protection of
maxi-mum
surface waters
surface waters
allowable
against pollution
against pollution
discharge of
by return waters"
by return waters"
polluting
(25.03.1999 N
(25.03.1999 N
substances
465-99
465-99
and list of
substances to
be regulated
during
discharge"
(11.09.1996
N 1100-96);
RAMBOLL
Industrial Reform and Development of Policies & Legislation for BAT Application
page 31
Institutional matrix
Country Permitting
of
industrial Inspection of
Monitoring of industrial pollution Inventory/
recording
polluters
industrial
Waste water
Receiving waters
Sources of pollution
Emissions
polluters
discharges
Bosna i
By cantonal and federal M of
By M of WM
Not required??
Not uniform
Not kept
Not kept
Herzegovina Water Management at F BA
randomly
monitoring system in
By M of Environment in Rep.
place
Srpska
Bulgaria
By M of Environment and
By environmental
Self monitoring of
National Institute of
Not known
Not known
Water
inspectorates or
operators
Metrology and
municipalities
Hydrology, by
randomly
Environmental
Agency and Regional
Inspectorates
Croatia By
environmental
By State Water
No information
Hrvatske Vode
Some data are readily available in
Hrvatske Vode
inspectorates
Management
national database. A first inventory of
By county environmental
Inspection
the installations covered by the IPPC
offices
regularly?
Directive will be carried out by the
By Hrvatske Vode
Croatian Center for Cleaner Production
under supervision of Ministry of
Environmental Protection, Physical
Planning and Construction during 2005,
although the timing of full
implementation of the obligation to
identify all relevant installations has not
been determined yet.
Czech
By municipal and regional
By environmental
Self monitoring of
CHMI based upon
CHMI based upon..
CHMI based upon
Republic
offices
inspectorates
operators
data from River basin
monitoring results
By regional offices and IPPC
randomly
management
Agency in case of IPPC
By municipalities
authorities
installations
randomly
Hungary
By regional environmental
By regional
Self-monitoring of
Laboratories of
VITUKI VITUKI
inspectorates
environmental
operators or by the
regional inspectorates
inspectorates
laboratories of the
regularly
envir. inspectorates
UNDP/GEF DANUBE REGIONAL PROJECT
Report on Review Policy, Legislative and Enforcement
page 32
Country Permitting
of
industrial Inspection of
Monitoring of industrial pollution Inventory/
recording
polluters
industrial
Waste water
Receiving waters
Sources of pollution
Emissions
polluters
discharges
Moldova
By M of Ecology and Natural
By State Ecological
Self-monitoring of
Pollution control
Ecological Inspectorate, polluters,
Ecological Inspectorate
Resources and Hygienic
Inspectorate
operators,
centre, Apele
Hygienic Centre
services
Environmental
Moldovei, Water
Inspectorates,
Supply Companies
Epidemiologic services
and ecological
inspectorates
Romania By
water
management
By territorial Water
Self-monitoring of
Apele Romane
Apele Romane.
Apele Romane
authorities (the level of
Inspection
operator
Ministry of Environment and Water
Ministry of
competences are set up by the By Environmental
Apele Romane carries
Management - National Agency for
Environment and
Order 1141/2002.
Protection
out the monitoring of
Environmental Protection (for IPPC
Water Management -
By Regional Environmental
Inspectorates
control
installations)
National Agency for
Protection Agencies in case of
Environmental
IPPC installations
Protection (for IPPC
installations)
Serbia
Serbia: By M of Protection of
By Water
Self-monitoring by
Serbian HMI and
Not known
Not known
Montenegro
Natural Resources and
Management
operator
Montenegro HMI and
Environment
Inspectorate
Centre for
By municipalities in case of
(Serbia) and M of
Ecotoxicology
small installations connected
Environment
Research
to a sewer system
(Montenegro)
(Montenegro)
Montenegro: By M of
Environmental Protection and
Physical Planning
Slovakia
By water authority at district
By Inspectorate
Self-monitoring of
Slovak Water
SHMI based upon questionnaires and
SHMI based upon
or regional levels
randomly
operator
Management
submitted permits from water
monitoring results
By Inspectorate in case of
By water authority
Enterprise monitors
authorities and environmental
IPPC installation
randomly
and submits
inspectorates
monitoring data to
Ad hoc inventory based upon screening
the SHMI
Slovenia
By M of Environment and
By Environmental
By authorized
Environmental
Environmental Agency of the Republic of Environmental Agency
Spatial Planning and by
Inspectorate
laboratories that have
Agency of the
Slovenia
of the Republic of
Environmental Agency
permission given by
Republic of Slovenia
Slovenia
Environmental Agency
of the Republic of
Slovenia
Ukraine
By local water authorities
By state ecological
Self-monitoring Various
entities,
not
Not known
Not known
inspectorate
clear
RAMBOLL
Industrial Reform and Development of Policies & Legislation for BAT Application
page 33
Implementation and Enforcement matrix
Country National
Specific reduction programs of operators
BAT developments
Public involvement
pollution
Pre-
Quality
Economic
Guidelines Training
of
Data on
Monitoring
Permitting process
reduction
treatment objectives
incentives
authorities
pollution
results
programs
at source
and target
sources
(PRP)
horizon
availability
Bosna i
Does not exist
Does not
Does not
Does not exist
None at federal
None
Limited
Not available
Not clear
Hercegovina
exist
exist
level
Bulgaria Does
not
exist
Required
Required
Does not exist
Sector Guidelines
None or ad hoc
Based upon the
Published
Not clear
and set in
and set in
on the
in conferences
written request
annually
the permit
the permit
implementation of
BAT in the
Chemical industry,
Cement industry,
Surface treatment
of metals and Large
combustion plants.
Croatia
Does not exist
Does not
Does not
Does not exist
None
None
Limited
Not available
exist
exist
Czech
Resolution of
Required
Required
Resolution of the
Regulation 63/2003 Regularly
Annual report
Published
?
republic
the Czech
and set in
and set in
Czech
concerning
on the state of
annually
Government
the permit
the permit
Government
exchange of
the
outlines PRP
and
outlines PRP
information related
environment
(April 2004)
Regulation
to BAT
61/2003
Reference to BREF
of the EU
Hungary National
PRP Required
Under
Discount in
8 national BAT
Regularly Annual
report
Published
Defined in the EIA and in
was elaborated
and set in
elaboration
pollution charges
guidance docs are
annually
the IPPC governmental
in 2003
the permit
in case of
elaborated, some
decrees
implementation
are under
of the pollution
elaboration.
reduction plan of
11 Hungarian short
operator
translation versions
of the EU BREFs
are available
UNDP/GEF DANUBE REGIONAL PROJECT
Report on Review Policy, Legislative and Enforcement
page 34
Country National
Specific reduction programs of operators
BAT developments
Public involvement
pollution
Pre-
Quality
Economic
Guidelines Training
of
Data on
Monitoring
Permitting process
reduction
treatment objectives
incentives
authorities
pollution
results
programs
at source
and target
sources
(PRP)
horizon
availability
Moldova Does
not
exist
Does not
Does not
Does not exist
none
None
Limited
Are available
Poor involvement
only, as a part
exist
exist only as
of the Danube
a part of
Pollution
SAP
Reduction
Program.
Romania The
national Required
Required
According to the
Orders (566/2003
Regularly (in the
Annual report
Published
According to the Water
PRP exists and
and set in
and set in
specific economic and 169/2004) for
frame of PHARE
annually
Law and Ministry Order
a Ministry Order the permit
the permit
mechanism in
the approval of the
projects)
1012/2005 (Proceeding
will be issued in
the water field
Reference
concerning access
2006
(Water Law)
Documents on the
mechanism on water
BATs in some
management
industry
information), and the
categories/types
Ministry Order 1044/2005
(proceeding concerning
participation of water
users, riparian and public
on consultation process)
According to the Ministry
Order 818/2003 setting
up the procedure for
issuing environmental
integrated permits (based
on Aarhus Convention)
Serbia
Does not exist
Does not
Does not
Does not exist
None
None
Limited
Not available
Provided the new law gets
Montenegro
exist
exist
into force, none at
present
Slovakia Resolution
of Required
Required
Discount in
None at national
None or ad hoc
Limited
Published
Public is a stakeholder in
the Slovak
and set in
and set in
pollution charges
level
in conferences
Annual report
annually
the IPPC permit process
Government
the permit
the permit
in case of
Reference to BREF
on the state of
Limited participation
outlines PRP
upgrading and
of the EU
the
according Water Act
(June 2004)
innovation
environment
investments
available
RAMBOLL
Industrial Reform and Development of Policies & Legislation for BAT Application
page 35
Country National
Specific reduction programs of operators
BAT developments
Public involvement
pollution
Pre-
Quality
Economic
Guidelines Training
of
Data on
Monitoring
Permitting process
reduction
treatment objectives
incentives
authorities
pollution
results
programs
at source
and target
sources
(PRP)
horizon
availability
Slovenia 1.
PRP
Required
Required
None
None at national
National
Data on
Quality
During the public
(dangerous
and set in
and set in
level.
experts/authoriti
pollution
assessed
discussion, the public has
chlorinated
the permit
the permit
Reference to the EU es participate in
sources
annually
a chance to review the
hydrocarbons
BREF
conferences
available at the
monitoring
application for the permit
from diffuse
regarding
web site of the
results
and draft of the permit
sources)
BAT/BREF issues
Environmental
available at
and also to give remarks
2. PRP (mercury
Agency of the
the web site
and opinions
from diffuse
Republic of
of the
sources)
Slovenia
Environmenta
3. PRP (priority
l Agency of
and other
the Republic
dangerous
of Slovenia.
substances)
At least every
4 years
Report on the
environment
is published
Ukraine Does
not
exist Does
not Does not
Does not exist
None
None
Limited
Not available
exist
exist
UNDP/GEF DANUBE REGIONAL PROJECT
Industrial Reforms and Policies - Final Report Annexes
ANNEX 2
ROAD MAP FOR IMPLEMENTATION OF BEST
AVAILABLE TECHNIQUES IN BOSNIA HERZEGOVINA
MOLDOVA, SERBIA AND UKRAINE
UNDP/GEF DANUBE REGIONAL PROJECT
August 2006
Industrial Reform and Development of
Policies & Legislation for Application of BAT
towards Reduction of Nutrients & Dangerous
Substances
Road Maps for the Implementation of Best
Available Techniques in Bosnia and
Herzegovina, Moldova, Serbia and Ukraine
Report
page 2
AUTHORS
PREPARED BY:
Rambøll Danmark A/S
AUTHORS:
Prepared by Eleonora Bartkova, Stanislav Kosina, Danka Thalmeinerova, Martina Vagacova
Checked by Thomas H. Owen
Approved by
Rambøll
Danmark
A/S
Teknikerbyen 31
DK-2830 Virum
Danmark
Ekopen
Ltd.
Ekop
Ekopen
Leskova 8
811 04 Bratislava
Slovakia
RAMBOLL & EKOPEN
Industrial Policy Project - Report on the Road Maps for Implementation of BAT
page 3
TABLE OF CONTENTS
TABLE OF CONTENTS.......................................................................................................3
ABBREVIATIONS..............................................................................................................5
EXECUTIVE SUMMARY..................................................................................................7
1. Introduction ......................................................................................................... 8
2. Background .......................................................................................................... 9
2.1.
Summary of the Review of Policy, Legislation and Enforcement ..............................9
2.2.
The Concept of Best Available Techniques ...........................................................9
2.2.1.
The role of BAT as a promoter of innovation in Europe................................. 10
2.2.2. Standard
introduction to BAT and BREFs ................................................... 11
2.2.3.
The Economic evaluation of BAT............................................................... 12
2.2.4.
The Impact of BAT on the Competitiveness of European Industry .................. 13
3. Methodology....................................................................................................... 15
3.1.
Creation the Information Compendium ............................................................. 15
3.2.
SWOT Analysis.............................................................................................. 15
3.3.
Development of the Road Map......................................................................... 17
4. Country specific Road Maps for the implementation of BAT................................ 20
4.1.
Bosnia and Herzegovina ................................................................................. 20
4.1.1. Background........................................................................................... 20
4.1.2.
Policies, strategies, legislative and institutional framework ........................... 20
4.1.3. Water
management................................................................................ 24
4.1.4. Industry ............................................................................................... 26
4.1.5. SWOT
Analysis ...................................................................................... 27
4.1.6.
Road Map for implementation of BAT ........................................................ 28
4.1.7. Recommendations.................................................................................. 31
4.2.
The Republic of Moldova................................................................................. 32
4.2.1. Background........................................................................................... 32
4.2.2.
Policies, strategies, legislative and institutional framework ........................... 32
4.2.3. Water
management................................................................................ 40
4.2.4. Industry ............................................................................................... 41
4.2.5.
The SWOT Analysis ................................................................................ 43
4.2.6.
Road Map for implementation of BAT ........................................................ 44
4.2.7. Recommendations.................................................................................. 47
4.3.
The Republic of Serbia ................................................................................... 48
4.3.1. Background........................................................................................... 48
4.3.2.
Policies, strategies, legislative and institutional framework ........................... 48
4.3.3. Water
management................................................................................ 54
4.3.4. Industry ............................................................................................... 56
4.3.5. Analysis................................................................................................ 57
4.3.6.
Road Map for implementation of BAT ........................................................ 58
4.3.7. Recommendations.................................................................................. 60
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4.4.
The Republic of Ukraine.................................................................................. 61
4.4.1. Background........................................................................................... 61
4.4.2.
Policies, strategies, legislative and institutional framework ........................... 62
4.4.3. Water
management................................................................................ 66
4.4.4. Industry ............................................................................................... 69
4.4.5.
The SWOT Analysis ................................................................................ 71
4.4.6.
Road Map for implementation of BAT ........................................................ 72
4.4.7. Recommendations.................................................................................. 74
5. Concluding Recommendations............................................................................ 77
6. References.......................................................................................................... 79
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ABBREVIATIONS
AT Austria
BA Bosnia-Herzegovina
BAT
Best Available Techniques
BG Bulgaria
BREF
Best Available Techniques Reference Documents
CP
Contracting Parties of the Danube River Protection Convention
HR Croatia
CZ Czech
Republic
DE Germany
DRB
Danube River Basin
DRP
Danube Regional Project
DRPC
Danube River Protection Convention
EC European
Commission
EMIS
Emission Inventory made by ICPDR
EMIS/EG
Emission Expert Group of ICPDR
EQS
Environmental Quality standards
EU European
Union
FBA
the Federation of Bosnia and Herzegovina
GEF
Global Environmental Facility
HU Hungary
MD Moldova
ICPDR
International Commission for the Protection of the Danube River
IPPC
Integrated Pollution Prevention and Control
MS
Member States
OECD
Organisation for Economic Co-operation and Development
P&M EG
Pressures and Measures Expert Group of ICPDR
PRTR
Protocol on Pollutant Release and Transfer Registers
RO Romania
RS
the Republic Srpska
CS
Serbia and Montenegro
SK Slovakia
SI
Slovenia
UA Ukraine
UNDP
United Nations Development Programme
UNECE
United Nations Economic Commission for Europe
UNIDO
United Nations Industrial Development Organisation
WFD
Water Framework Directive
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Executive Summary
The report on the Road Maps for the Implementation of the Best Available Techniques (BAT) in
Bosnia and Herzegovina, Moldova, Serbia and Ukraine was carried as a component of the UNDP-
GEF Danube Regional Project (DRP) Phase 2, component 1. 5. Industrial Reform and the
Development of Policies and Legislation towards the Reduction of Nutrients and
Dangerous Substances (hereafter "Industrial Policy Project). The overall project objective of the
DRP concerning component 1.5.is "Creation of sustainable ecological conditions for land use and
water management".
Phase 2 of the Industrial Policy Project is aimed at the development and implementation of a
targeted assistance programme to non-accession Danube countries on industrial pollution
reduction policy and regulatory frameworks including the necessary capacity building activities
related to the implementation of BAT.
The overall context of the Road Maps for the Implementation of BAT in the targeted counties is
focused on the reduction of industrial pollution in line with DRP objectives. The Road Maps provide
those countries with concrete steps toward the implementation of BAT and can be used to plot the
necessary milestones and timelines along with actions to move forward industrial pollution
reduction in the DRB thereby improving the water quality.
Significant progress has been made on the implementation of the WFD in the DRB since the
Contracting parties, of the Convention on Cooperation for the Protection and Sustainable Use of the
River Danube committed to adopt the legal requirements of the EU related to the implementation
of the WFD. This has important implications for future industrial pollution reduction and prevention
activities within the context of the Danube River Basin Management Plan, to be developed by the
end of 2009 and updated by end of 2015. The Road Maps have been developed to be consistent
both in content and timing with the Danube River Basin Management Plan.
The Road Maps and accompanying Work Plans have been developed based on SWOT analyses
which consider the specific policy, legislative institutional and industrial situation in each of the
countries.
The relevant required information and data for the development of the Road Maps has been taken
from publicly available secondary sources including EC, OECD, UNECE publications and UNDP GEF
DRB Phase 1 and Phase 2 Project Reports supplemented by information gathered in preparation of
the training sessions for this project. Short and medium - term objectives for each of the countries
have been proposed in line with the Road Map for the Danube River Basin District Management
Plan and the corresponding Work Plan as well as the Strategic Paper for the Danube River Basin
District Management Plan adopted by the ICPDR.
The Road Maps for implementation of BAT have shown the need to adopt new or to update the
current legislation for integrated prevention and control in the specific countries. Additionally
effective mechanisms for an integrated decision making process (including inspection and
enforcement) should be created. Capacity building at all relevant levels of state administration as
well as establishment of a body responsible for issues concerning BREFs and the future
implementation of reporting obligation (PRTR) also need to be put in place.
Another main issue is the inventory and monitoring of industrial pollution sources. Currently
available information related to the release of dangerous substances into aquatic environment is
limited and of poor quality.
The establishment of emission level values for pollutants discharged into aquatic environments has
been identified as common problem in each country.
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The Road Map provides the general requirements for each country. Further planning should be
based on an activity orientated logical framework, including explicit criteria to monitor results,
concrete activities, risks and underlying assumptions. This framework could be used to further
identify, manage and implement the detailed activities required in each country.
The countries can use the Road Map as a tool to drive and structure the planning process for BAT
implementation. It allows them to identify the most important opportunities to improve
environmental protection to fulfil the tasks regarding implementation of the DRBC, create more
favourable conditions for investments in industry sectors, and at the same time move closer to EU
accession requirements.
It is anticipated that the recommendations for implementation of the Road Maps for Bosnia
Herzegovina, Moldova, Serbia and Ukraine will assist the countries to fulfil their obligations to the
ICPDR concerning the preparation of the Danube Basin Management Plan and the Programmes of
measures according to the WFD.
Also, the findings of the Road Maps and the supplemental recommendations provide the ICPDR
with important information to create the conditions to generally facilitate in the improvement
activities in the field of pollution reduction in the DRB, in the targeted countries. In this context the
recommendations are also focused on the development of emission inventory data from industry
using EPER II data or the EPER methodology and as well as the on forthcoming TRPR
requirements.
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1. INTRODUCTION
This is a Report of the UNDP-GEF Danube Regional Project (DRP) Phase 2, component 1. 5
Industrial Reform and the Development of Policies and Legislation towards the
Reduction of Nutrients and Dangerous Substances (hereafter "Industrial Policy Project).
The overall project objective of the DRP concerning component 1.5.is "Creation of sustainable
ecological conditions for land use and water management".
Recognizing the expected revitalization of industries in the DRB, in Phase 1 the project focused on
industrial policies and legislation in order to ensure that the necessary framework for
environmental considerations is adequately taken into account and that mechanisms for
compliance are put in place. In this context, the project output assists the DRB countries in the
development of new industrial nutrient/toxics pollution control policies and legislation in line with
existing and emerging national legislation which are generally driven by the EU accession process.
While Phase 1 of the Project focused on the identification of gaps and opportunities for reforms and
measures, Phase 2 is aimed at the development and implementation of a targeted assistance
programme to non-accession Danube countries on an industrial pollution reduction policy and
regulatory framework including necessary capacity building activities. This component includes a
legislation review, institutional development analysis, technical assistance and BAT training. The
program has been developed in cooperation with the individual national governments and tailored
to the needs of each country. The Members of the Pressures and Measures Expert Group were
consulted and provided useful input to the project.
The inception period of the Phase 2 Industrial Policy Project was completed in August 2005. The
following section shows progress to date of the approved work plan activities. This report should be
reviewed in the context of these other activities:
A) Policy and legislative review tasks:
Activities related to policy and legislative review tasks were completed in February 2006 and are
documented in the Report on Review of Policy, Legislation and Enforcement.
B) Training and capacity development in the four non-accession countries. The activities are
based in Bosnia Herzegovina, Moldova, Serbia Montenegro and Ukraine. Training has now been
held in Serbia and Moldova and plans are in place to complete the remaining training by Nov. 30,
2006
C). Developing the Road map for Best Available Techniques (BAT) implementation for
the four non-accession countries - Bosnia Herzegovina, Moldova, Serbia Montenegro and
Ukraine.
This report is for this activity. The report describes, analyzes and summarizes the activities related
to the development of country specific recommendations based on Strengths, Weaknesses,
Opportunities and Threats (SWOT) Analysis and contains the next steps for implementation of BAT
in Bosnia Herzegovina, Moldova, Serbia Montenegro and Ukraine. It also contains useful
information on the economic impact of BAT implementation at the level of the firm and the impact
of BAT on competitiveness.
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2. BACKGROUND
2.1. Summary of the Review of Policy, Legislation and
Enforcement
The Report on the Review of Policy, Legislation and Enforcement provides the relevant information
related to the legal requirements of EU legislation and includes selected information concerning the
transposition of EU legislation into national legislation including terms and definitions (such as
dangerous substances, priority substances, installations according to the IPPC Directive, BAT
requirements), setting emission limits, Environmental Quality Standards, the permitting process for
industrial waste water discharges, inspection of industrial polluters, monitoring industrial pollution,
inventorying pollution sources, and recording emissions. The report also contains information
concerning pollution reduction programmes at the national and individual operator level, BAT
developments and public involvement.
An analysis of this information indicates that generally the basic legal framework is in place in the
Danube countries. Substantial progress has been achieved in the accession countries. On the other
hand, more remains to be done in non-accession countries to complete the adoption and
implementation of water legislation generally and BAT specifically.
In general all countries require waste water discharge permits. All countries have well developed
basic self monitoring requirements; however, monitoring of industrial discharges and hazardous
substances independently by the competent authorities needs to be improved.
Based upon the assessment of the institutional arrangements, individual countries have different
institutional settings with respect to permitting industrial installations. These range from central
level (ministries) to the local level (water directorates at the county or district level). The situation
is further complicated with respect to permitting installations that fall under the IPPC directive and
other industrial installations
The degree of success in the implementation process of BAT varies among EU Member States the
Member States indicate that the BAT Reference Documents (BREFs) are taken into account
generally and in specific cases when determining BAT. Some countries (HU, Sl, RO and BG) have
established legal measures for the adoption of the national BAT guidelines related to specific
industries, based upon the BREFs.
Public involvement in the integrated permitting process has been improved as well as access of
public to information concerning monitoring and sources of pollution.
2.2. The Concept of Best Available Techniques
The purpose of the Integrated Pollution Protection and Control Directive is to achieve integrated
prevention and control of pollution arising from the activities listed in Annex I of the Directive,
leading to a high level of protection of the environment as a whole. The legal basis of the Directive
relates to environmental protection. Implementation should also take into account other
Community objectives such as the competitiveness of industry thereby contributing to sustainable
development.
More specifically, the IPPC Directive provides for a permitting system for certain categories of
industrial installations requiring both operators and regulators to take an integrated, overall look at
the pollution and consumption potential of the installation. The overall aim of such an integrated
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approach is to improve the management and control of industrial processes to ensure a high level
of protection for the environment as a whole. Central to this approach is the general principle in
Article 3 that operators should take all appropriate preventative measures against pollution, in
particular through the application of best available techniques enabling them to improve their
environmental performance.
The term "best available techniques" is defined in Article 2(11) of the Directive as "the most
effective and advanced stage in the development of activities and their methods of operation which
indicate the practical suitability of particular techniques for providing in principle the basis for
emission limit values designed to prevent and, where that is not practicable, generally to reduce
emissions and the impact on the environment as a whole." Article 2(11) goes on to clarify further
the definition as follows:
"techniques" includes both the technology used and the way in which the installation is designed,
built, maintained, operated and decommissioned;
"available" techniques are those developed on a scale which allows implementation in the relevant
industrial sector, under economically and technically viable conditions, taking into consideration the
costs and advantages, whether or not the techniques are used or produced inside the Member
State in question, as long as they are reasonably accessible to the operator;
"best" means most effective in achieving a high general level of protection of the environment as a
whole.
2.2.1. The role of BAT as a promoter of innovation in Europe
The concept of Best Available Techniques (BAT) is the fundamental element of integrated pollution
prevention and control (IPPC). For all point sources covered by the Directive, appropriate
preventive measures must be taken, in particular through application of BAT. However, in order to
ensure flexibility and to encourage technological and operational innovation, the Directive expressly
forbids authorities to prescribe the use of any specific BAT in permits issued to operators. Instead,
permits must contain conditions, such as emission limit values, which are sufficient to ensure that
BAT requirements are met taking account of the particular characteristics and circumstances of the
installation. This flexible approach recognises the fact that different techniques can be combined to
achieve equivalent environmental performance. One of the purposes of IPPC is thus to promote
innovation in Europe, thereby contributing to technological and economic development. The
starting point of the IPPC approach is that a continuous process innovation, in combination with
resource management and enforcement of environmental quality standards, will lead to both
sustainable development and economic growth.
The directive is however only a procedural directive that refrains from implementing its general
objectives in harmonised limits or to define other instruments of environmental policy. The
implementation of the directive is performed decentrally. Member states have to enact emission
limit values that are based on the BAT, and also take into account the technical aspects of the
business, its geographical location and local environmental aspects. This integrated, decentralised,
flexible approach strongly aligned with local environmental conditions.
Furthermore, Annex IV of the Directive contains a list of "considerations to be taken into account
generally or in specific cases when determining best available techniques bearing in mind the likely
costs and benefits of a measure and the principles of precaution and prevention". These
considerations include the information published by the Commission pursuant to Article 16(2).
Competent authorities responsible for issuing permits are required to take account the general
principles set out in Article 3 when determining the conditions of the permit. These conditions must
include emission limit values, supplemented or replaced where appropriate by equivalent
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parameters or technical measures. According to Article 9(4) of the Directive, these emission limit
values, equivalent parameters and technical measures must, without prejudice to compliance with
environmental quality standards, be based on the best available techniques, without prescribing
the use of any technique or specific technology, but taking into account the technical
characteristics of the installation concerned, its geographical location and the local environmental
conditions. In all circumstances, the conditions of the permit must include provisions on the
minimisation of long-distance or transboundary pollution and must ensure a high level of protection
for the environment as a whole.
Member States have the obligation, according to Article 11 of the Directive, to ensure that
competent authorities follow or are informed of developments in best available techniques.
BAT is on the one hand, the subject of an attempt at clarification of a comprehensive definition. On
the other hand it is intended to specifically identify the BAT in the context of a process of
information exchange between the governments and industry for all key industrial sectors. The
objective of this information exchange process is the documentation of suitable techniques with
their related environmental performance for 30 industrial sectors. The result of the process of
information exchange is recorded in so-called "BREFS" (Best Available Technique Reference
Documents) and is intended to be used by the national approval authorities as the information
base for the definition of standards in their respective approvals.
A key feature of the IPPC Directive is to stimulate an exchange of information on Best Available
Techniques between European Member States and the industries falling within the scope of the
Directive. The European IPPC-Bureau organises this exchange of information and produces BAT
reference documents (BREFs). The Bureau carries out its work through Technical Working Groups
(TWGs) comprising nominated experts from EU member states, industry, and environmental NGOs.
At the moment, the exchange process has resulted in twelve finalised BREFs, while another twenty
BREFs are in progress.
BREFs bring together technical and economic information and are not legally binding. However, in
accordance with the Directive, Member States and their authorities are obliged to take account of
the BREF based standards when setting permit conditions
Some member states and the industries involved expect a diffuse result from the information
exchange process with a large range of recommended techniques and emission limits. The
environmental orientated interested parties on the other hand expect an ambitious European
standard for innovative techniques.
2.2.2. Standard introduction to BAT and BREFs
The techniques and associated emission and/or consumption levels, or ranges of levels have been
assessed through an iterative process involving the following steps:
· identification of the key environmental issues for the sector;
· examination of the techniques most relevant to address those key issues;
· identification of the best environmental performance levels, on the basis of the available
data in the European Union and world-wide;
· examination of the conditions under which these performance levels were achieved; such
as costs, cross-media effects, main driving forces involved in implementation of the
techniques;
· selection of the best available techniques (BAT) and the associated emission and/or
consumption levels for this sector in a general sense all according to Article 2(11) and
Annex IV of the Directive.
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Expert judgement by the European IPPC Bureau and the relevant Technical Working Group (TWG)
has played a key role in each of these steps and in the way in which the information is presented.
On the basis of this assessment, techniques, and as far as possible emission and consumption
levels associated with the use of BAT, are considered to be appropriate to the sector as a whole. In
many cases they reflect the current performance of some installations within the sector. Where
emission or consumption levels "associated with best available techniques" are presented, this is to
be understood as meaning that those levels represent the environmental performance that could
be anticipated as a result of the application, in this sector, of the techniques described, bearing in
mind the balance of costs and advantages inherent within the definition of BAT. However, they are
neither emission nor consumption limit values and should not be understood as such. In some
cases it may be technically possible to achieve better emission or consumption levels but due to
the costs involved or cross media considerations, they are not considered to be appropriate as BAT
for the sector as a whole. However, such levels may be considered to be justified in more specific
cases where there are special driving forces.
The emission and consumption levels associated with the use of BAT have to be seen together with
any specified reference conditions (e.g. averaging periods).
The concept of "levels associated with BAT" described above is to be distinguished from the term
"achievable level". Where a level is described as "achievable" using a particular technique or
combination of techniques, this should be understood to mean that the level may be expected to
be achieved over a substantial period of time in a well maintained and operated installation or
process using those techniques.
Where available, data concerning costs have been given together with the description of the
techniques, these give a rough indication about the magnitude of costs involved. However, the
actual cost of applying a technique depends strongly on the specific situation regarding, for
example, taxes, fees, and the technical characteristics of the installation concerned. In the absence
of data concerning costs, conclusions on economic viability of techniques are drawn from
observations in existing installations.
It is intended that the general BAT be a reference point against which to judge the current
performance of an existing installation or to judge a proposal for a new installation. In this way
they assists in the determination of appropriate "BAT-based" conditions for the installation or in the
establishment of general binding rules under Article 9(8). It is foreseen that new installations can
be designed to perform at or even better than the general BAT levels. It is also considered that
existing installations could move towards the general BAT levels or do better, subject to the
technical and economic applicability of the techniques in each case.
While the BAT reference documents do not set legally binding standards, they are meant to give
information for the guidance of industry, Member States and the public on achievable emission and
consumption levels when using specified techniques. The appropriate limit values for any specific
case will need to be determined taking into account the objectives of the IPPC Directive and the
local considerations.
2.2.3. The Economic evaluation of BAT
The Economic evaluation of BAT has proved to be a difficult task for policy-makers, industry and
the regulators responsible for the IPPC permitting process. This is why DG Enterprise, in co-
operation with DG Environment, the European IPPC Bureau, the Institute for Prospective
Technologies, and the Flemish research institute VITO, organised a workshop on " The Economic
Consequences of Integrated Pollution Prevention and Control Directive" (Brussels, 2002).
Experts reviewed criteria for measuring the impact of BAT on the competitiveness of various
industrial sectors, and the tools available attended the workshop from the EU member states and
candidate countries, industry and environmental NGOs.
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The workshop concluded that the IPPC Directive is a driver for sustainable development and aims
to improve the environmental performance of companies. Through its very design it creates a
strong need for a balanced approach which takes into account the economic as well as the
environmental impact of the implementation of the Directive.
There seems to be no magic, one size-fits-all formula to assess the impact of BAT on the economic
viability of industry. Nevertheless, there are a number of economic factors which could assist
industry and the authorities involved in the implementation of the IPPC Directive to make a more
consistent and more transparent assessment of the economic consequences of the introduction of
BAT.
The sector level approach needs to be applied to make the assessment of the impact of BAT on
the economic viability of the sector. Not only is this specified in the directive under the definition
of Best Available Techniques, but it is also clear these trade-off judgements must be at the sector
level to guarantee against unfair competition.
Five key economic criteria have been identified by the Economic and Cross-Media Issues
Technical Working Group which could to be applied where it is necessary to undertake an in-depth
economic assessment of an industrial sector: Market structure, industry structure, resilience, BAT
costs of total costs and speed of implementation.
Timing and investment cycles are a key factor. This is one of the main conclusions from the
IPTS study on the impact of BAT on the competitiveness of industry and also highlighted by several
workshop experts. It is clear that a substantial renewal of plant machinery is an "optimal" moment
in time to embody environmental investments, e.g. in BAT. Industries characterized by a relatively
long investment cycle have less flexibility in 'combining' these investments compared to industries
with shorter investment cycles.
Small and medium sized companies are potentially vulnerable. They typically lack capital stock
and have limited R&D to respond to new regulation with innovations/adaptations, so the
implementation of BAT will often present a particular challenge for theses businesses.
The availability of data is crucial to underpin decisions: major efforts are needed to collect
up to date and credible data to underpin better the decisions on what constitutes Best Available
Techniques and to answer such questions as: what are the costs of BAT in relation to total costs
and how are the costs related to the strength or the vulnerability of the industry.
An economic analysis of whether techniques are economically acceptable or not should only needs
to be carried out when there is lack of consensus and uncertainty of the impact of the BAT options.
Pressures of time and the availability of data and expertise will present a challenge for the
authorities.
Expert judgement will still be needed to interpret the results of assessments and to make the
final decision regarding the permit conditions. But the aim should be to use accepted benchmark
criteria and to ensure transparency and consistency of decision-making.
2.2.4. The Impact of BAT on the Competitiveness of European Industry
The Impact of BAT on the Competitiveness of European Industry carried out by the Institute of
Prospective Technological Studies on behalf of the Enterprise Directorate-General, European
Commission, is currently the most detailed assessment of the economic impact of BAT. The study
"road tested" the impact of BAT standards on three industries: cement, pulp and paper and non-
ferrous metals and investigated the impact of the implementation of BAT on the competitiveness of
existing plants in the medium and long term.
The study found no evidence that BAT prevented those companies using BAT and achieving good
environmental standards from remaining competitive both nationally and internationally. Plants
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that have adopted BAT tend to be large and already highly competitive, with above average input
of R&D, etc. These advantages influence the costs of investment in and compliance with BAT. It
cannot therefore be said that early adaptation of BAT in remaining, non-BAT firms will yield similar
results with respect to competitiveness. There are plants that would have technical difficulties in
adopting all BAT, and there are plants for which prudent implementation is necessary in order to
achieve sustainable environmental and economic performance, thereby avoiding closure.
In the industries investigated implementation of BAT was found to reduce emissions. In the case of
cement, small, old and independent kilns have particular difficulty adjusting to BAT investment
requirements while remaining competitive. For non-ferrous metals, there are several poor
performers in terms of BAT application which also perform poorly economically. Adjustment to BAT
may lead to closure of such companies. With respect to paper mills, 15-20% may find
implementation of the IPPC guidelines problematical.
The study concludes that primary (or process-related) BAT measures generally have a positive
impact on competitiveness, whereas secondary (end-of-pipe) measures have a mixed impact
(positive, neutral or negative effect). The evidence also shows that strong environmental
performers, for example those, who adopted BAT early, are not competitively disadvantaged and
are viable in the long run. However, there are plants which would have technical difficulties in
adopting BAT, and there are plants for which prudent implementation is necessary to achieve a
sustainable environmental and economic performance, thereby avoiding closure. Market loss to
companies located outside EU, as a direct consequence of IPPC, is considered unlikely small.
In conclusion: it is important to implement BAT competitively. This means that environmental
initiatives must be carefully prioritised and timed and that there must be time to properly
implement them. It is also important that the economic knowledge of the parties involved in
implementing IPPC and developing BREFs is improved.
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3. METHODOLOGY
This chapter describes the approaches and the activities which have been carried out related to the
development of Road Maps for the implementation of BAT in the non accession countries; Bosnia
and Herzegovina, Moldova, Serbia and Ukraine. The general approach adopted in this methodology
consists of the following steps:
1. Creation the information compendium of concerning legislation, institutional arrangements
and enforcement of BAT implementation
2. SWOT
analysis
3. Development of the Road Map for each country
3.1. Creation the Information Compendium
The compendium includes:
·
The Review of Policy, Legislation and Enforcement activities results (Activity A. 1 of the
Industry Policy Project). The Legislation, Institutional arrangements and Implementation
and Enforcement matrices of targeting countries are attached to this Report (Annex 1);
·
Additional relevant available information gathered, summarised and analysed from the
ICPDR and other relevant sources updating of Activity A. 1 of the Industry Policy Project
for Bosnia and Herzegovina, Moldova, Serbia and Ukraine. The information in this report is
based upon publicly available secondary sources. Substantial portions of this report are
reproduced verbatim in this report from sources including EC, OECD, UNECE publications
and, Industrial Policy Project Reports.
·
Training workshop results in selected countries.
3.2. SWOT Analysis
SWOT analysis is a basic, straightforward often used approach that provides the basis for the
development of various strategic plans. It goes beyond the purely descriptive information and
provides more dynamic input into future options. This approach has been applied to the
development of the Road Maps for the implementation of BAT in the individual countries. The role
of SWOT analysis generally is to take the information from the environmental analysis and
separate it into internal issues (strengths and weaknesses) and external issues (opportunities and
threats) to provide a better basis for identifying and choosing options for decisions and future
actions.
With respect to the implementation of the BAT in particular countries the SWOT analysis is
focussed on:
- Current state of environmental legislation and compliance with the EU legislation,
primarily the IPPC Directive and BAT;
- Institutional arrangements state administration, decision making processes,
monitoring, compliance and enforcement;
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- Emission inventory;
- Industrial development;
Examples of the basic aspects which have been taken into consideration for SWOT analysis are
summarized in the following table:
Table 3.2.1.
Strengths
Weaknesses
Internal positive aspects which may be
Internal negative aspects that may need to
I
capitalized on in road mapping:
improve:
N
-
Nationally recognized programmes.
-
Inadequate legislation and state
-
Knowledge and experience with IPPC,
administration.
T
BAT.
-
Gaps in capacity.
-
Specific transferable skills (e.g.,
-
Lack of knowledge and experience.
E
inspection, information system, physical
-
Lack of goals in field of industry
parameter monitoring).
pollution reduction and programmes.
R
-
Good contacts/existing networking
-
Insufficient technical knowledge.
-
Interaction with state and professional
-
Lack of skills ( BAT, monitoring, public
N
organizations and industry, public
involvement)
involvement.
A
-
Capabilities of state administration, its
organizations and industry.
L
-
Accreditations, qualifications,
certifications.
-
Commercial advantages of BAT
Opportunities
Threats
E
-
Positive conditions that state
-
Negative external conditions that are
X
organisations and other stakeholders do
not controlled by the state or
not control but which they can take
stakeholders but the effect of which
T
advantage.
may be to make BAT implementation
-
Positive trends that will create conditions
more difficult.
E
for improvement of industry pollution
-
Political effects.
reduction (e.g. market driven production
-
Legislative effects
technology improvements with improved
-
Market demand.
R
environmental performance).
-
New technologies, services, ideas.
-
Enhancement of relevant knowledge and
-
Vital contracts and partners.
N
experience.
-
Lack of sustainable internal capabilities.
-
Opportunities for professional
-
Lack of sustainable financial backing?
A
development in industry.
-
Economic performance - domestic,
-
Technology development and innovation.
international.
L
-
Global influences.
It is necessary to minimize or avoid both weaknesses and threats. The possible weaknesses should
be addressed in order to convert them into strengths. Likewise, threats should be converted into
opportunities. Finally, strengths and opportunities should be matched to optimize the potential
development of Road Map. Strategic issues and goals are identified in the SWOT analysis and are
used of input for development of Road Map.
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Identification of those issues is carried out addressing questions such as:
- "What external changes could effect the current situation in countries?"
- "What could be the effects of these changes in terms of threats or opportunities?"
- "What changes must we make to address the threats?"
- "What strengths can be building on to take advantage of the opportunities?"
Upon completion of SWOT analysis, short and medium term goals will emerge. These specific goals
will help ensure that the countries efforts are in proper alignment with the general objectives of
Road map reduction of industrial pollution by force implementation of BAT. In the case of the
countries being analyzed in this report there is the benefit of the experience of other countries in
the DRB which have similarities to them and have already implemented BAT.
3.3. Development of the Road Map
The Road Maps and the road mapping process generally serve as an excellent communication tool -
an effective means to link strategic operations, collaborative ventures, and plans. However, to
achieve success--Road Maps must target the right approach, involve the appropriate target groups,
and provide sufficient level of detail. Road mapping in the case of the non-accession countries in
the DRB has a high probability of success due to the related processes in similar countries under
similar circumstances. Having said that the policy and institutional setting is unique to each country
and therefore while each of the four road maps will have similarities, particularly in the external
environment, for example, the influence of the EU WFD, they will also reflect the individual
circumstances of each of the countries.
The objective of the Road Map is to identify the different steps toward the implementation of BAT in
Bosnia and Herzegovina, Moldova, Serbia and Ukraine. It is an output-oriented description of the
overall process which gives details regarding intermediate results. The Road Map is used to plot the
necessary milestones and timelines along with actions to move the water protection forward
through the application of BAT.
The Road Map however, does not define the different underlying activities in detail. Further
planning can be based on an activity orientated logical framework, stating criteria to monitor the
results, concrete activities, risks and underlying assumptions. This framework could be used to
describe, manage and administrate the detailed activities.
The non accession countries can use the Road Map as a way to drive and structure the planning
process in field of BAT implementation. It allows them to identify the most important opportunities
to improve environmental protection to fulfil tasks regarding implementation of the DRBC, create
more favourable condition for investments in industry sectors, and at the same time get closer to
EU accession requirements.
The Road Map consists of:
-
an explanatory text part summary of SWOT outputs,
-
a corresponding Work Plan.
Establishment of short and medium-term objectives
The Contracting parties, of the Convention on Cooperation for the Protection and Sustainable Use
of the River Danube committed to adopt the legal requirements valid in the EU related to the
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implementation of the WFD. This has important implications for future industrial pollution reduction
and prevention activities within the context of the Danube River Basin Management Plan, to be
developed by the end of 2009 and updated by end of 2015. However, all countries cooperating
under the DRPC expressed their firm political commitment to support the implementation of the
WFD in their countries and pledged to cooperate within the framework of the ICPDR to achieve a
single; basin wide coordinated Danube River Basin Management Plan.
Establishment of short and medium term objectives in the Road Maps are proposed in line with the
DRB Management Plan required time scale. The proposed Work Plan would facilitate the countries
to develop a contribution to basin wide coordinated Danube River Basin Management Plan including
an integrated Programme of Measures.
Drafting of the Road Maps and work plans considered the differences among the countries in state
organisation regarding the state administration, current legislation, industry development and
other circumstances related to the improvement of water protection through the implementation of
BAT.
Short- term objectives by the end 2008:
The short term objectives which are common to all of the countries as a result of the development
of the Danube River Management Plan as required by the WFD are summarized below:
Issues related to
Operational tasks
-
work out a detailed legislation gap analysis
Improvement of
-
propose a new legislation or update the legislation in force
legislation
-
detailed review of state administration and responsibilities
State administration
-
identification of needs including costs
-
propose if necessary a new structure and responsibilities
-
analysis of capabilities
-
creation of information system regarding BAT and BREFs
-
improvement of cooperation with state organization and
other stakeholders
-
monitoring and gathering information
-
reporting requirements
-
an integrated decision making process
-
inspection and enforcement
-
capacity building needs analysis
Capacity building
-
proposal for capacity building development
-
inventory of an industrial pollution sources
Industry pollution
-
gathering information
reduction
-
reporting requirements
-
cooperation with operators
-
development of the pollution reduction programmes
including measures as a contribution to the Danube Basin
Management Plan and the Programmes of measures
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Medium term objectives by end of 2015
Issues related to
Operational tasks
Improvement of
-
Implementation of new legislation
legislation
State administration
-
Improvement of state administration
-
Proposal for new development
Capacity building
-
Revision, identification of new requirements
Industry pollution
-
Implementation of pollution reduction programmes
reduction
including measures contributing to the Danube Basin
Management Plan- updated
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4.
COUNTRY SPECIFIC ROAD MAPS FOR THE
IMPLEMENTATION OF BAT
4.1. Bosnia and Herzegovina
4.1.1. Background
According to the Constitution, Bosnia and Herzegovina consists of two highly autonomous entities,
the Federation of Bosnia and Herzegovina (FBA), the Republic Srpska (RS) and the District Brcko,
which is under direct jurisdiction of the administration of the State. Under this constitutional
arrangement BA is a sovereign state with a decentralised political and administrative structure.
The environment is not specifically mentioned in the Constitution, therefore responsibility for
environmental functions are not assigned in the Constitution. However, functions and powers not
expressly assigned to the institutions of BA under the Constitution are assigned to the Entities.
Thus, environmental issues are the responsibility of the Entities. This means that the Entities
regulate environmental issues through their laws, regulations and standards.
The FBA is decentralized entity and consists of ten cantons, each being a governmental entity, with
a high degree of discretion in establishing and carrying out fundamental functions. Regarding the
environment, all of the cantonal Constitutions also state that both the Federation and the cantons
are responsible for environment policy, in accordance with the Federal Constitution. The Cantons
have the possibility to transfer their responsibility regarding the environment to the municipalities
or the Federation.
The RS comprises from 64 municipalities, without cantons. Local administration exists only at the
municipal level. The Republic is responsible for ensuring environmental protection and the
municipalities, in accordance with the law, take care of meeting specific needs of citizens regarding
environmental protection.
4.1.2. Policies, strategies, legislative and institutional framework
4.1.2.1. The institutional framework
Set/up at the state level of Bosnia and Herzegovina
The Act on Ministries and Other Administrative Bodies of Bosnia and Herzegovina (2003), assigns
certain responsibilities for environmental protection to the state Ministry of Foreign Trade and
Economic Relations. Specifically, it defines "operations and tasks within the jurisdiction of
Bosnia and Herzegovina relating to the definition of policy, fundamental principles, coordination of
activities and harmonizing the plans of the entities governmental bodies and institutions at the
international level" in the sectors of agriculture, energy, environmental protection, and the
development and exploitation of natural resources. Three Departments of the Ministry are generally
dealing with natural resources, energy and environment, without a detailed definition of their role
and responsibilities. These departments are under-staffed.
The state Ministry of Foreign Affairs is responsible for the ratification and signing of international
agreements and conventions, including those related to the environment, while the Directorate for
European Integration is responsible for coordination and implementation of plans for accession to
the EU. In addition, some independent institutions, such as the Institute for Standardization,
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Metrology and Intellectual Property and the Agency for Statistics, gather and publish environmental
information.
By decision of the Council of Ministers of 16 May 2002, the National Steering Committee for
Environment and Sustainable Development was established at the state level. It has 54 members,
including non/governmental organizations, scientists, universities and other stakeholders in
addition to representatives from the two entities and the Brcko District. Its secretariat is located in
the Ministry of Foreign Trade and Economic Relations Ministry and its work is largely carried out
through eight subcommittees. The main purpose of the National Steering Committee is to facilitate
work on projects and international agreements.
The institutional framework at the entity level
The organization and responsibilities of the environmental ministries in the two entities are similar
and are prescribed by the Act on Federal Ministries and Other Administrative Bodies in the FBA and
by the Act on Ministries in the RS.
Federation of Bosnia and Herzegovina
Since the Dayton Peace Accord, environmental issues in the FBA have been under the responsibility
of the Federal Ministry of Physical Planning and Environment. In February 2006, this Ministry was
reorganized into two separate ministries, the Ministry of Physical Planning and the Ministry of
Environment and Tourism. The Ministry of Environment and Tourism is now responsible for
environmental issues protection of air, water and soil, preparation of the environmental policy,
strategies, and quality standards for air, water and soil, environmental monitoring as well as
supervision of the relevant environmental institutions and environmental inspection. The Ministry
is, according to the Act on Environment Protection, the competent authority for environmental
permitting procedures for large and medium installations above the threshold defined in the
,,Rulebook for the industrial plants and installations which require environmental impact
assessment and installations which can be built and put in operation only when an environmental
license is obtained" and for installations falling under the major accident provisions.
The principal responsibility for the water sector in the FBA is with the Ministry of Agriculture,
Water Management and Forestry, which is responsible for Federal water strategy and policy,
the issuing of agreements and permits, setting standards and regulations; and the maintenance of
compliance with laws and regulations through licensing and inspections.
Under the Federation Ministry of Agriculture, Water Management and Forestry two public
enterprises have been established, one for the Sava River Basin and one for the Adriatic Sea Basin.
The enterprises are responsible for the management of rivers and the nearby zones and for the
protection of water and water sources to ensure that enough good-quality water is available for the
water supply. They also monitor water quality and collect fees for water abstraction and discharges
The Ministry of Health is responsible for safeguarding of the quality of potable water and
organizing water quality monitoring.
Specialized organizations:
-
Institute of Public Health of the Federation of BA
-
Federal Meteorological institute
The environmental authorities in Cantons are the respective ministries of civil engineering,
physical planning and environmental protection, which are also directly responsible for
environmental protection as defined by relevant federal environmental acts. One of their
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responsibilities is environmental permitting for installations that are under the threshold limits
defined in the relevant federal rulebook.
The Cantons are responsible for providing drinking water to municipalities that do not have
adequate resources themselves by ensuring the construction of water-supply systems to the border
of these municipalities. The municipalities themselves are responsible for further distribution to the
consumers. The cantons are also responsible for ensuring the construction of installations and
equipment needed for waste-water treatment to protect drinking water resources.
Republika Srpska
The Ministry of Urbanism, Civil Engineering and Ecology is responsible for environmental
protection including policy aspects related to overall environmental protection, planning,
monitoring and inspection. According to the Act on Environment Protection the Ministry is the
responsible body for environmental permitting procedures for large and medium installations above
the threshold defined in ,,Decrees on projects that are subject to environmental impact assessment
and criteria for decision making on necessity and scope of EIA and installations which can be built
and put in operation only when the environmental license is obtained" and for installations falling
under the major accident provisions.
Administration is more centralized in this entity, although there are also local administrations in the
64 municipalities which are responsible for environmental protection as defined by the republic
environmental legislation. Larger municipalities have units for control of building and construction,
water and waste management and more recently environmental inspection. They are also the
responsible authority for environmental permitting for smaller installations below the threshold or
not included in the Decrees.
Some other ministries and independent administrative offices and institutions have environmental
responsibilities. Certain aspects are also under the responsibility of other ministries for water,
agriculture, forestry, public health, energy and development etc.
4.1.2.2. The policy framework
The National Environmental Action Plan (NEAP) of March 2003, drawn up by the entities in
cooperation with the World Bank, has a brief chapter on integrated water resources management
that sets goals and measures for the water sector. Its main goals are to provide sufficient
quantities of high-quality water for water supply and other needs; to protect water resources and
preserve surface and groundwater quality; and to protect from flooding. The Mid-term
Development Strategy (2004-2007), adopted by the Council of Ministers on 5 February 2004, notes
that the sustainable development of water management requires more attention to be paid to: the
protection against water-related hazards, the planned use of water resources, and water
conservation and protection. The emphasis is on integrated river-basin water management. The
Mid-term Development Strategy also identifies nine development priorities for water:
1.
Repairing flood-control facilities along the Sava and Neretva rivers;
2.
Regulating the river beds and torrential watercourses in the most vulnerable areas;
3.
Ensuring an adequate supply of clean water to inhabited areas;
4.
Improving the quality of water supplied to the rural population;
5.
Creating the right conditions for the restoration of navigation on the river Sava in
cooperation with Croatia, Slovenia, and Serbia and Montenegro;
6.
Repairing and renovating sewerage systems and rehabilitating water treatment plants for
urban waste water, as well as building new ones;
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7.
Introducing measures to protect existing and potential sources of drinking water;
8.
Ensuring a sufficient volume of water to irrigate cultivated land for intensive farming;
9.
Increasing the level of exploitation of hydroenergy by building multipurpose water
management facilities not only for power generation but also for the development of
tourism and recreation, flood control, irrigation and fish farming, among other activities.
Almost all the main rivers in Bosnia and Herzegovina cross the entities' borders, and there is a
considerable need for cooperation and coordination of actions and instruments between the two
entities. The Inter-Entity Commission for Water was therefore established in 1998 with four
members from each entity. The Commission is responsible for the cooperation between the
relevant ministries in both entities for all water management issues, including harmonization of
regulations and water quality. So far it has been a useful body for sharing information and initiating
action of mutual interest. However, if the entities' interests are contradictory, it is difficult for the
Commission to make the necessary decisions, and in such cases there is little or no progress.
Many of these issues of coordination and responsibility are addressed in the draft memorandum of
understanding with the European Communities. In the existing draft, it is agreed that the Council
of Ministers would establish an environment agency at the State level, which would, inter alia, bear
responsibilities in the water sector for fulfilling the following main obligations:
-
Address all international issues dealing with water;
-
All matters of common interest that the entities want to bring at the State level;
-
Harmonize data collection/dissemination (IS Standardization/training);
-
Assessment of technical performance of river authorities and water boards;
-
National public awareness campaign;
-
Coordination of the planning and management of all international and inter-entity flood
control projects."
As a part of the memorandum of understanding, the Parties also "pledge" that they will establish
river authorities in the entities which will enjoy legal and financial autonomy. The river authorities
will, among other things, plan all water and water related environmental projects within their
jurisdiction; collect and process data and maintain the water database; license water abstraction,
discharge and water regime changes; and control and monitor floods and flood defence.
Bosnia and Herzegovina has already established water agencies for the river basin Bosna and the
river basin Vrbas as pilot projects. The intention is to have water authorities for all river sub-
basins, including, as defined in the Laws on Waters, the Una-Sana, Sava, Vrbas, Bosna, Drina,
Trebisnjica, Neretva and Cetina.
A memorandum of understanding between the Council of Ministers of Bosnia and Herzegovina, the
Government of the Federation of Bosnia and Herzegovina, the Government of Republika Srpska
and the Commission of the European Communities was signed in September 2004. In it, the
Parties agree to reorganize the water sector and to use the EU Water Framework Directive for the
purpose of establishing a new water policy.
4.1.2.3. The legislative framework
In recent years significant progress has been achieved in the development of the environmental
legislation in both entities. This new legislation was prepared with the financial and technical
assistance of the EC PHARE Programme with the aim to develop the environmental legislation that
would be in compliance with relevant EU directives and harmonized for both entities.
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The basic legal documents is the Act on Environmental Protection that was adopted in the RS
in 2002 (amended in 2005) and in the FBA in 2003. The Act contains principal requirements of the
EIA, IPPC and SEVESO Directives.
Regarding integrated permits according to the IPPC Directive the Act includes provisions concerning
"environmental permits" which shall aim at a high level of environmental protection through
protection of air, water and soil. Plants and installations listed in the implementing regulation may
only be constructed and operated after obtaining an environmental permit. An environmental
permit is also necessary in cases when significant changes occur in the operation of an installation
that might negatively impact on the environment and all permits have to be updated regularly
every five years. Existing installations have an obligation to undertake all required activities to
obtain an environmental permit before the year 2008.
The environmental permit according to the Act should contain: emission limit values for pollutants,
requirements for protection of air, soil, water, flora and fauna, measures concerning the
management of waste generated by the plants and installations, measures for minimization of
long-distance or transboundary pollution, self-monitoring system, measures relating to conditions
other than operating conditions. Emission limit values, equivalent parameters or technical
measures are based on BAT taking into account the technical characteristics of installations, its
geographical location and the local conditions.
Republika Srpska's the Act on Water Protection (Official Gazette RS 53/2002) establishes river
basins (Danube and Adriatic Sea), river sub-basins (Una-Sana, Sava, Drina, Bosna, Vrbas and
Trebisnjica) and parts of river sub-basins as the territorial basis for water protection, planning and
implementation. The Act calls for the development of a minimum ten-year water protection
strategy and protection plans for the Republika Srpska, to be an integral part of the National
Environmental Action Plan unless an inter-entity agreement provides otherwise. The Law further
stipulates that "water protection consent" is required before other permits (e.g. environmental,
construction) and establishes an inspection system.
The Act on Water Protection of the Federation of Bosnia and Herzegovina (Official Gazette F
BiH 33/2003) was adopted in 2003, is almost identical, and also establishes a regime based on
river basin district bodies (Danube and Adriatic Sea) and sub-basins (Una, Sana, Sava, Vrbas,
Bosna, Drina, Trebisnjic a, Neretva and Cetina). The Act contains provisions regarding the adoption
of a ten-year water protection strategy for the Federation, which may be part of the National
Environmental Protection Programme, and also establishes consent and inspection systems.
Both acts intend to ensure that water protection in Bosnia and Herzegovina is in line with EU policy,
directives, regulations and standards.
The Federation's cantons also have water laws. In addition, the Federation's Ministry of Agriculture,
Water Management and Forestry is finalizing a new water act to address water management.
4.1.3. Water management
The Danube River Basin covers 75% of Bosnia and Herzegovina through the Sava River basin. The
main rivers in the Sava basin are the Una-Sana, Vrbas, Bosna, Drina and Sava. Few rivers, notably
the Neretva (218 km), flow toward the Adriatic Sea.
River lakes and mountain lakes in Bosnia and Herzegovina are important for recreation and
tourism, but less so for other water uses. Flooding of karsts areas causes periodical lakes in or near
the rivers in the Adriatic Sea catchment area, i.e. the Cetina, Neretva and Trebisnjica river basins.
There are also 28 artificial reservoirs in Bosnia and Herzegovina with a volume of about 3.6 million
RAMBOLL & EKOPEN
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m3, 13 of which are in the Neretva and Trebisnjica river basins; three on the river Drina. The
reservoirs are constructed for power generation, but are also important for regulating river flow.
The surface water in Bosnia and Herzegovina is, in general, of poor quality and bacteriologically
unsafe due to extensive pollution from numerous sources. The main threats to the quality of water
are the discharge of municipal or industrial waste water directly into the nearest rivers or springs,
the direct disposal of waste in rivers or along riverbanks and run-off from agricultural areas where
pesticides and fertilizers are used. The quality of groundwater is in general considered to be good;
the data show few examples of groundwater contamination. The lack of reliable data about the
quality of surface and groundwater resources is, however, striking, and groundwater contamination
may be more widespread.
Monitoring
From 1965, data for both water quality and quantity were collected from monitoring stations all
over the country. However during the war, all monitoring stations were destroyed, and there are
no data available for the period 1992-97. Since the end of the war the monitoring network has
been gradually re-established, partly with financial contributions from donors. Still, the number of
monitoring stations remains low, and few automatically measure both water levels and water-
quality parameters. At the other monitoring sites, water quality is measured only occasionally,
when funding is available.
Drinking-water supply
About half the population, mainly in urban areas has access to public water-supply systems. The
rest use private wells, small village water-supply systems or local systems which are not under
national control. Water supply is mainly based on the use of groundwater (89%), 10.2% comes
from rivers and 0.8% from natural lakes and artificial reservoirs. The extracted water is of varying
quality, some is drinkable without any kind of treatment but in other cases the quality is totally
unacceptable, especially during the dry season. Water treatment is in many cases inadequate,
often just chlorination even when the water needs full treatment. Old and leaking pipelines and
insufficient pressure may also pollute water before it reaches the consumers.
Urban waste water
In the former Socialist Republic of Bosnia and Herzegovina, the construction and maintenance of
sewerage systems and treatment facilities for municipal waste water got limited attention and few
resources. The result was that not all towns and cities had sewer systems, and even in the cities
where they did exist they often served only part of the population. Today about 30% of the
population has access to sewerage systems. In urban areas the connection rate for households is
56%, but in villages and rural areas a maximum of 10% of the households are connected. Due to
the lack of resources the sewerage systems are on the whole poorly maintained. In many cases
they have not even been completed, often only partially designed and constructed. In some
locations the capacity is insufficient for receiving storm waters, and the systems overflow during
the rainy season, affecting around 65% of the municipal centres. At the outbreak of the war,
(1992-95) only seven municipal waste-water treatment plants were built and in operation. Except
for one plant, the treatment included biological treatment. The treatment plants were located in
Sarajevo, Trebinje, Trnovo, Ljubuski, Grude, Celinac and Gradacac. These plants treated waste
water from about 4,000 inhabitants of a total population of about 4.4 million. The treatment plant
in Sarajevo was considerably bigger than the others and received waste water from about 454,000
inhabitants (94% of the people with access to waste -water treatment plant before the war)
compared to 30,000 inhabitants for all of the other plants combined [6].
During the war, five of the seven plants were closed due to war damage, stripping of equipment
and installations, and lack of maintenance or shortage of electricity. After the war all the plants
were put into operation again, except the plants in Sarajevo and Trnovo, and a new treatment
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plant has been built in Srebrenik. The plants in operation today are, however, all very small, and
more than 95% of the municipal waste water is discharged directly into water bodies without
treatment.
4.1.4. Industry
Prior to the war heavy industry was the main polluter of watercourses. The weak implementation of
environmental measures combined with the use of obsolete, polluting technologies meant that the
industrial impact on water quality was devastating. In 1991 the industrial wastewater load was
equivalent to a population of 6.8 million people. By comparison the municipal wastewater load was
equivalent to a population of 2.7 million.
The huge discharges of waste water polluted almost all rivers, especially the Bosna and Vrbas.
Most of the industrial waste water was, like municipal waste water, discharged to the nearest
watercourse with little or no treatment. For instance, there were 122 plants for the treatment of
industrial waste water before the war, but only 40% of them worked properly. As many industrial
plants have shut down and many others have reduced their capacity, the discharge of pollutants to
air and water from industry has been substantially reduced and is today approximately 30-35% of
its pre-war level. The big reduction in discharges of industrial waste water has led to a significant
improvement in water quality. However, the industrial waste-water load is disproportionately high
because there are few treatment facilities for industrial waste water in operation, and the negative
pressure on water resources is still very high. Mining and ore processing are an important sector in
Bosnia and Herzegovina. The most important mineral deposits are those of coal, lead, zinc, iron
and bauxite; more than 100 coal deposits are registered. The significant reduction in industrial
operating capacity has led to a similar reduction in activity within the mining and ore sector. The
production rate for mining and ore processing has declined to about 33% of its pre-war level. Coal
and other ore and stone production have been reduced to 40% and 23%, respectively.
When rocks containing sulphuric minerals are exposed to water and air, the ongoing oxidation and
acidification will accelerate, and trace metals leach out into the environment. The environmental
impact of mining activities on water resources arises at almost all stages of the production phase,
and does not end with the completion of mining activity. On the contrary, the environmental
impact can last for centuries after the closure of the mine through seepage from waste rock piles,
tailing dams and seepage water from abandoned pits and quarries.
Acid mine water containing heavy metals represents a serious threat to the environment and to
human health in Bosnia and Herzegovina. The problem with mine water pollution is, however, not
recognized or regulated, and today there is no treatment of seepage water at all.
Uncontrolled dumping of waste (fly-tipping) directly into or close to watercourses is a
widespread problem and a major threat to water quality, especially in the Bosna, Drina and Una
river basins. Hazardous waste from mining and industry is usually dumped at landfills close to the
plants or at nearby municipal landfills with poor standards, often directly into the ground without
underground sealing or collection and treatment of seepage water. Coal power plants, the wood
and paper industry, the chemical industry and mineral oil processing, the textile and leather
processing industry and the metal finishing industry are, in addition to the mining sector, the
largest producers of hazardous waste in Bosnia and Herzegovina. The result is that significant
environmental problems have been identified in several locations, for instance in the Samac, Sava
river alluvium (where the spring sources for the drinking-water supply are located), Bijeljina,
Modrica and Gorazde.
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A more serious effect on the environment is probably that the waste is a significant source of
hazardous chemicals river pollution. Household waste is also adding to the overall pollution with
organic matter, but its contribution is assumed to be rather small compared to other sources.
At the same time, most of the large industries in BA, dating from the pre-war period, are
characterized by high consumption of raw materials, water and energy, the generation of
significant quantities of solid waste and wastewaters, as well as emissions into the air.
Industrial companies in Bosnia and Herzegovina are faced with the requirement to implement the
provisions of new sets of environmental laws, enacted in both entities, and based on the principles
of sustainable development. The new Act on Environmental Protection, anticipates "special control
regime" for "activities or facilities and plants that endanger or may endanger the environment or
that have or may have the negative impact on the environment", as well as prescribes "the
principle of an integrated approach", the purpose of which is "prevention or reduction to minimum
possible extent the risks of damage for the environment as a whole". By that, the law imposes, as
an imperative, the inclusion of the environmental component into the business policy.
4.1.5. SWOT Analysis
Strengths
Weaknesses
- The Inter-Entity Steering Committee for the
-
Insufficient implementation of adopted
Environment
policies, strategies and plans.
- The National Steering Committee for Environment
-
Very complicated institutional base for
and Sustainable Development established in 2002
the administration of environmental
- The Inter-Entity Commission for Water
issues.
Management - responsible for cooperation on all
-
The lack of a regulatory framework that
water management issues among the relevant
specifies the functions of the various
ministries of both entities
bodies with environmental
- The National Environmental Action Plan (NEAP) of
responsibilities to avoid the potential for
March 2003, drawn up by the entities in
overlap and duplication.
cooperation with the World Bank.
-
An unclear division of responsibilities
- The Mid-term Development Strategy (2004-2007),
between different authorities.
adopted by the Council of Ministers
-
Luck of environmental standards for
I
- A Memorandum of Understanding between the
emission discharges into the aquatic
N
Council of Ministers of Bosnia and Herzegovina,
environment.
T
the Government of the Federation of Bosnia and
-
Insufficient legislation and state
E
Herzegovina, the Government of Republika Srpska
administration.
R
and the Commission of the European
-
Gaps in capabilities.
N
Communities.
-
Lack of knowledge and experience.
A
- The Act on Water Protection (Republika Srpska's
-
Lack of goals in field of industry pollution
L
the Act on Water Protection and the Federation's
redaction and programmes.
Act on Water Protection and the Law on
-
Weak skills and technical knowledge (
Environmental Protection reflect European
BAT, monitoring, public involvement)
practice. Both Laws intend to ensure that water
protection in Bosnia and Herzegovina is in line
with EU policy, directives, regulations and
standards.
- Water permits granted by water management
authorities at the Ministry of Agriculture, Forestry
and Water Management in both entities.
- The Environment inspection - the two entities
have recently recruited environmental inspectors
(one person) at their Environment Ministries.
- Legal strategy for approximation of EU legislation
on EIA and IPPC
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Opportunities
Threats
- State's emphasis on water management issues
- The State Constitution contains no provisions
- Cooperation between the State and the entities in
for the environmental law, it is a
environmental matters is being strengthened.
responsibility of the entities (RS, FBA)
- The State and the entities discussion about the
- A complicated state administration.
possibility of establishing an environment agency
- The lack of State institutions to handle water
E
(no firm decision has been made).
issues
X
- It is expected that the IPPC regulations will bring
- Difficulties in field of obtaining financial and
T
clarity to the environmental permitting of large
technical assistance to improve water
E
installations.
management and monitor international
R
- Both entities are preparing laws related to
procedures or standards.
N
inspections.
- Unclear situation with respect to industrial
A
- Environmental inspectors will be centralized in
development and ownership
L
each of the entities to strengthen enforcement.
- Value market places on challenging programs
supports enhancing quality industrial technologies
- Capacity to respond to state and national needs to
encourage water protection.
- Increased demand for development of industry
and BAT
4.1.6. Road Map for implementation of BAT
The results of the SWOT analysis point out that the current situation in BA concerning
environmental protection and water management is very complicated and unfavourable. It is
obvious because BA has been faced with and other problems primarily due to the war. Regarding
industrial pollution reduction the crucial obstacles have been identified in the field of legislation,
institutional arrangements, implementation and enforcement. The current practice of industrial
companies concerning environmental protection is at the level of the 50ies and 60ies of the last
century. The progress achieved regarding the treatment of industrial waste water, by the
construction of a significant number of treatment plants in BA, during the 80s, has been practically
annulled due to the malfunction of these facilities.
In terms of laying the ground for the better management of the environment, BA has made
significant progress with the adoption of a National Environment Action Plan (NEAP) in 2003,
associated environmental legislation and international conventions that entitle BA to assistance
from the Global Environmental Fund. The challenge facing BA now is to develop the necessary
institutional capacities to significantly improve environmental management.
The analysis shows the following strengths:
· adoption of the strategic documents:
-
the National Environmental Action Plan,
-
the Mid-term Development Strategy (2004-2007),
-
a Memorandum of understanding between the Council of Ministers of Bosnia and
Herzegovina, the Government of the Federation of Bosnia and Herzegovina, the
Government of Republika Srpska and the Commission of the European
Communities
· creation of the responsible bodies, the National Steering Committee for Environment and
Sustainable Development, for implementation of the strategies; however it is limited to making
recommendations,
· the adoption of new legislation intended to ensure that water protection in Bosnia and
Herzegovina is in line with EU policy, directives, regulations and standards. The Act calls for the
RAMBOLL & EKOPEN
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development of a minimum ten-year water protection strategy and protection plans to be an
integral part of the National Environmental Action Plan unless an inter-entity agreement dictates
otherwise. The Law further stipulates that "water protection consent" is required before other
permits (e.g. environmental, construction) will be issued, and it establishes an inspection system.
Although these approaches are a good start, the current situation indicates that the development
concerning the improvement of environmental policy, water protection and water management has
made slow progress.
Specifically with respect to, industrial pollution reduction, the integrated approach and
implementation of BAT, the SWOT analysis identifies imperfections in legislation, state
administration responsibilities, in decision making and permitting processes, inspection,
enforcement and capacity building. There is a lack of information concerning industrial pollution
sources including the quality of waste water discharges (dangerous substances content). The
principles of the IPPC Directive have been transposed into the Act on Environmental Protection;
however, there are some inaccuracies and a lack of clarity concerning the operators' obligations as
well as the integrated permitting process. The Act provisions and rulebooks have been prepared in
a way to mix EIA, IPPC and SEVESO requirements in one procedure which has resulted in a
complicated procedure.
The environmental permit should contain emission limit values for pollutants. Emission limit values,
equivalent parameters and technical measures which are based on BAT taking into account the
technical characteristics of the installation, its geographical location and the local conditions.
However, recognizing that BREF documents are not available in BA, that emission limits for waste
water are out dated or do not exist, and that only emission limits for air are available, this aspect
of the permit is currently not very well covered. Most of the permits issued are focused on pollution
prevention however they do not contain emission limits.
According to the Act on Environmental Protection responsibilities for issuing the environmental
permit are divided between the Federation and the Cantons in FBA and the Republica and
municipalities in RS. Since this procedure has started to be implemented just recently, capacity in
the Cantons and municipalities has not been developed and the permitting procedure at the lower
level is not implemented in a satisfactory way. In municipalities in the RS this process is not yet
implemented. In addition to the lack of knowledge and experience there are also problems related
to the capacity of state administration staff to deal with all existing and new obligations
Industrial experts and industry managers generally have had limited knowledge and experience
related to the integrated permitting process and BAT. However some activities were carried out.
For example the Project "Capacity Building in Cleaner Production in BA, LIFE Third Countries
Programme, 2002-2005 [4] that has provided nine companies with basic information regarding
environmental management systems and cleaner production through a number of activities
directed to raising awareness, information dissemination, marketing and training.
BA industry is facing or will very soon face new environmental legislation. The majority of industrial
plants date back to the pre war era and they are unable to comply with the existing standards so it
is likely that they will not be able to comply with future environmental standards relying on
European policies and practices. However, after adoption of regulations, the industries will be
forced to implement them, i.e. they will have to introduce measures in order to prevent, mitigate
and control pollution.
Implementation of the concept of Best Available Techniques (BAT) is the fundamental element of
integrated pollution prevention and control (IPPC) and is closely connected with legislation,
institutional arrangements, decision making processes, enforcement and other issues like capacity
building and public involvement. Therefore the Road Map and proposed work plan is focused on
these aspect which have to be taken into consideration for successful implementation of BAT. The
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Work plan also takes into account to the fulfilment of the requirements related to the development
of the DRMP by the end 2008 and it's updating in 2015.
Work Plan short term objectives by the end 2008:
Issues related
Operational tasks
Outputs
to
Improvement
- conduct a detailed legislation gap analysis of the
- new legislation or updated
of legislation
Act on Environmental Protection concerning IPPC
legislation in force
- develop emission limit values for specific
- legally binding ELVs
pollutants release into water bodies
State
- detailed review of state administration and
- a new effective organizational
administration
responsibilities including inspection
structure and clearly defined
- identification of needs and cost demands
responsibilities
- improvement of cooperation with state
- clear definition of responsibilities
organizations and other stakeholders
at all levels of competent
authorities
- development of monitoring and gathering
- monitoring programme focused on
information
compliance with permits and
- reporting obligation analysis
reporting requirements EPER/
PRTR
- revision of an integrated decision making process
- emission and product controls and
inspection and enforcement as an input for
the application of the "combined
improvement of legislation
approach": BAT or relevant
emission limit values for control of
point sources
Capacity
- capacity building needs analysis
- proposal for capacity building
building
development
Industry
- inventory of industrial pollution sources in
- polluter register and specific
pollution
cooperation with operators
pollutant register-EPER/PRTR
reduction
- screening of dangerous substances in waste water - assessment of screening results
and receiving water
as input for monitoring
programme
- implement the List of Measures to reduce
- Programmes of measures
hazardous substances - a comprehensive set of
contribution to the Danube Basin
measures addressing hazardous substances
Management Plan
pollution
- development of the pollution reduction
programmes including measures as a contribution
to the Danube Basin Management Plan and the
Programmes of measures
Implementation - Introduce to the relevant stakeholders the
-
the national BREFs
of BAT
process of integrated environmental permitting
and use of BAT
- analysis of industry sectors from the point of view
of BAT implementation
- translation of BREFs and/or proposal for
preparation national BREFs
- creation of BAT and BREFs information system
and dissemination of information and trainings
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Medium term objectives by end of 2015
Issues related to
Operational tasks
Outputs
Improvement of
- Implementation of new legislation and
- Compliance of the legislation with
legislation
monitoring
EU requirements
State administration - Improvement of state administration
- Functioning state administration
- Proposal for new developments
Capacity building
- Implementation of capacity building
- Proposal for meeting emerging
strengthening
needs
Industry pollution
- Implementation of the pollution reduction
- Updated pollution reduction
reduction
programmes including measures to
programme and programme of
contribute to the Danube Basin Management
measures as an integrated part
Plan- updated
of the Danube Basin
- Update the pollution reduction programme
Management Plan
4.1.7. Recommendations
In order to achieve the result of successful implementation of the BAT concept in Bosnia and
Herzegovina it would be appropriate to apply a "top-down" approach. The recommendations
emerge from the need to ensure the continuing common advancement of the State and the entities
in the field of industry pollution reduction. This approach would also contribute and enhance the
credibility of the State. In this context it means executing the measures regarding the legislation at
the State level, which will create the very clear responsibilities in the field of integrated water
management (the WFD Directive) including integrated pollution and prevention control and
responsibilities for the implementation of BAT. It is obvious that relevant measures have to be
taken at the entities level regarding state administration. The intention of these measures would
also have the added advantage of facilitating the fulfilment of the international obligation of the
State concerning the implementation of the DRBC as well as meeting EU accession requirements.
This approach to the improvement of legislation, state administration, capacity building and other
related issues out lined in work plan of Road Map should establish conditions for the introduction
and implementation of BAT.
In addition to the creation or updating of the basic relevant legislation it is critical to gather the
missing information concerning industrial pollution sources and the impact on aquatic environment.
The results of these activities will serve as a base for the implementation of BAT which includes:
-
Development of a polluters register,
-
Analysis of industry sectors in point of view of BAT implementation
-
Set up emission limit values,
-
Development the national BREFs
-
Creation of information system regarding BAT and BREFs
-
Dissemination of information and trainings focus on BREFs documents
-
Monitoring programme according to reporting requirements PRTR,
-
Development of the pollution reduction programmes including measures as a
contribution to the Danube Basin Management Plan and the Programmes of measures
An integral part of proposed Work Plan is the development and consequent implementation of the
Reduction Pollution Programme which will contain measures focused on particular steps related to
its implementation according to short and long- term objectives.
These measures will help BA to fulfill obligations to the ICPDR concerning preparation of the
Danube Basin Management Plan and the Programmes of measures.
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4.2. The Republic of Moldova
4.2.1. Background
The Republic of Moldova (MD) is a transition economy, located in southeast Europe, between
Ukraine and Romania. The entire territory of Moldova (33, 7 sq km) lies in the Black Sea Basin.
About 34% of the county belongs to the Prut River Basin, which is a sub-river basin of the Danube
River Basin; approximately 60% is part of the Nistru (Dniester) River Basin and the rest into a
series of small rivers that empty directly into the Black Sea.
Since 2001, the country has been divided into 32 local districts (rayons), two administrative units
(Gagauz Yeri and Transnistria) and three urban municipalities (Chisinau, Balti and Bender). This
restructuring reduced the financial autonomy of the municipalities and affected the environmental
protection institutions. Some environmental responsibilities, previously at the municipal level (e.g.,
solid waste management, drinking water supply and wastewater management) were recentralized
into the territorial administrative structures of the Ministry of Ecology and Natural Resources.
Another important development that will affect environmental management is the Republic of
Moldova's intention to join the European Union (EU). With Romania's forthcoming accession to the
EU, the country will become an EU neighbour, and as such is entitled to benefit from the EU
Neighbourhood Policy. The joint EU-Moldova Action Plan (2005) contains environmental and
sustainable development objectives and prepares the Republic of Moldova for the introduction of
EU requirements.
4.2.2. Policies, strategies, legislative and institutional framework
4.2.2.1. The institutional framework
The responsibility concerning the environmental protection issues after substantial changes lead to
the establishment of the Ministry of Ecology and Natural resources (MENR) in 2004. In
October 2005, the MENR was reduced to 25 staff and is responsible for most of the elements
constituting the corpus of environmental law. It has one executive authority; the State Ecological
Inspectorate (SEI).The structure of the MENR is provided in figure 4.2.1 and is described as
follows:
· The Division of Environmental Policy and European Integration development and
implementation of the State policy on environmental protection. It also has the task of
coordinating the improvement of national environmental legislation and for the approximation
to European Union (EU) legislation.
· The Division on Natural Resources and Biodiversity develops and promotes State policy on
conservation and sustainable use of natural resources. It develops the legislation on forest
protection, hunting, fishing and land resources and implements programmes and plans on
protection and conservation of natural heritage. It coordinates the activities connected with
biological diversity conservation and protected areas management, and also develops related
legislation.
· The Division for Environmental Pollution Prevention deals with the issues of pollution
prevention and waste management, and also with the implementation of State ecological
expertise plans, programmes, schemes and strategies. It develops related legislation.
· The Division of Accounting and Foreign Relations deals with staff management, legal services,
accounting and international agreements.
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Figure 4.2.1 Organizational structure of the Ministry of Ecology and Natural Resources
Minister
Deputy
Councillor
Division of
State
Division of Accounting
Environmental
Hydrometeorological
and Foreign Relations
Policy and
Service
Integration
Institute of Ecology
Division for Natural
and Geography
Resources and
State Ecological
Biodiversity
Inspection
Geological Agency
"AGeoM"
Division for
Environmental
Pol ution Prevention
National
Environmental Fund
Environmental
Information Centre
Source: Ministry of Ecology and Natural Resources, 2005
The State Environmental Inspectorate (SEI) is the environmental enforcement agency
responsible for compliance with the country's legislation in the field of environmental protection
and use of natural resources. SEI is an autonomous division of the Ministry of Ecology and Natural
Resources (MENR) with the status of a legal entity. The Inspectorate is headed by a Chief Inspector
who reports directly to the Minister.
The SEI's jurisdiction includes the protection of air, water and soil, and ensuring the rational use of
mineral and biological resources. According to the "Statute of the State Ecological Inspectorate,"
the principal responsibilities of the SEI and its territorial units include:
-
State Environmental Expertise (SEE) of new and changing economic development projects;
-
Regulation of environmental impacts by issuing permits for air emissions, water use,
wastewater discharges, waste disposal, and logging;
-
Monitoring of compliance with environmental requirements; and
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-
Imposition of administrative sanctions for the violation of environmental legislation,
including termination or suspension of any economic activity undertaken in violation of
environmental requirements, claims for compensation for damage caused by environmental
violations, and fines.
The SEI has a central office with divisions covering major environmental protection sectors and
management functions and four territorial ecological agencies (TEAs): the Central TEA in Chisinau,
the Northern one in Balti, the Southern one in Cahul, and a TEA for the Autonomous Territory of
Gagauzi in Comrat whose organizational structure roughly follows that of the central office.
The SEI central office regulates large industrial installations and supervises the TEAs that carry out
environmental assessments, permitting, monitoring and inspection activities with the help of their
rayons (district units) (there are 16 such units in the Central TEA, the largest of the four). The
district units work closely with local public authorities which since 2001 no longer have their own
environmental officials. The division of responsibilities between these, effectively, three levels of
environmental enforcement agencies are not always clear. In addition, there are six border
environmental control posts that collect, in cooperation with the customs authorities, charges on
imported fuel and environmentally harmful products and control vehicle emissions. The Fishery
Service (formerly, the Inspectorate for Fish Protection) is also an institutional part of the SEI. It is
responsible for monitoring fish populations.
The SEI currently issues permits for "specialized water use" (water abstraction and wastewater
discharges into water bodies), Water permits for installations with wastewater discharges over 400
m3/day or with groundwater abstraction over 1 million m3/year are issued by the central SEI,
while the respective departments of TEAs regulate installations with smaller effluent volumes.
There are other specialized institutions, which are ancillary to the MENR, providing a supportive
role in research and information gathering and dissemination:
·
The State Environmental Inspection (SEI) including the Central Ecological Laboratory, is
an executing authority which helps MENR to implement the environmental policies and laws.
·
The Geological Agency "AGeoM" provides control for the safeguarding of groundwater from
pollution and reduction and keeps the State balance of mineral stocks. They participate in the
issuing of permits for water abstraction.
·
The State Hydrometeorological Service (HMS) - has 415 staff and a meteorological
observation centre. Consequently air and water monitoring responsibilities are key functions.
The biggest problem negatively affecting their operations is a lack of the required technical
base,
·
The Institute of Ecology and Geography created in 1990, is in charge of carrying out
scientific research on ecology in coordination with the Academy of Sciences. Their tasks also
include consultancy on environmental impact assessment (EIA) and the development of
national reports on the State of the Environment. Furthermore they carry out expert
evaluation of foreign or new technologies from an environmental point of view on the basis of
their own experience without using data from the European Integrated Pollution Prevention
and Control (IPPC) Bureau.
·
The Environmental Information Centre, created in 2000, is responsible for the gathering
and updating of environmental information (air, water, monitoring, information and other
areas) and for making it publicly available.
·
The Central Ecological Laboratory carries out the sampling and analysis of water, soil.
The technical base for their functioning is quite limited. Quality control and quality assurance
systems are not at the level of internationally recognized standards. There is a need to
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establish a national reference laboratory for environment quality measurements, which
should be accredited by an international accreditation body.
The last three organizations cover functions that are overlapping and need to be co-ordinated with
each other. In many EU countries, these functions are carried out by a single institution, such as an
environmental agency.
In general, management and implementation structures are simple, with each policy - permitting,
compliance procedure, monitoring and reporting - managed by distinct institutions for each sector.
The strength of the institutional system is that the tasks of permitting and assuring compliance
with permitting conditions (through inspection) are performed in two separate departments. Since
both departments are within the SEI the information can be freely exchanged; and having two
departments avoids the possibility of conflict of interest.
Thus the principal responsibilities for the implementation of environmental protection requirements
are shared between:
· The relevant division of the Ministry dealing with policy formulation and planning;
· The specialized divisions responsible for the preparation of legislation;
· The SEI, which is responsible for permitting;
· The relevant territorial environmental agencies (TEAs) responsible for inspection and control of
the environmental performance of installations, which can appeal to the national inspectorate;
· The operator (if required by authorities) for emission monitoring, and the relevant MENR
institution for ambient monitoring; and
· The Environmental Information Centre and the National Institute of Ecology for reporting.
The General Division for Environmental Strategies and Policies coordinates the National
Environmental Fund (NEF), set up in 1993. The NEF is managed by a steering committee that
includes representatives from the MENR, Parliament, the Governmental Apparatus and
environmental NGOs. The Minister of Ecology and Natural Resources is the president of the NEF.
In certain fields, State companies exercise important management functions in the field of
environment. These include the State Water Concern "Apele Moldovei", which is under the Ministry
of Agriculture and Food Industry, and, ancillary to the Government, the Agency for Forestry
"Moldsilva" that deals with forest management and identifies the areas, type and amount of cutting
in coordination with the State Ecological Inspectorate.
The 1998 the Act on Local Public Administration enlarged the functions of local authorities in
natural-resources management and environmental protection. Environmental departments were
created in local councils to deal with these issues. As a result, the designation of functions between
these local authorities and the regional environmental agencies is sometimes unclear. The local
administrations tried to assume the functions of environmental control, i.e., to duplicate the
activity of territorial branches of the Ministry of Ecology and Natural resources. The main tasks of
the environmental departments created within the local governments were to prioritize local
environmental matters, to develop local environmental action plans and to raise the environmental
awareness of the public. The provision of environmental services such as municipal solid waste
management, drinking water supply and wastewater collection and treatment were the
responsibility of the municipalities but due to the re-centralisation started in 2001 these functions
are now being removed from the municipalities to the regional and local structures of the
Ministries. In some local councils the environmental departments continue to be active, although
the financial autonomy of local administrations has been reduced by the 2001 amendments to the
Law.
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By decision of the President of the Republic of Moldova, the National Council on Sustainable
Development and Poverty Reduction was established in 2004 in order to coordinate activities
related to strategic planning on socio-economic policy, oriented towards sustainable development
and improvement of the population's quality of life.
4.2.2.2. The policy framework
The foundations for the environmental policy were set out in the Act on Environmental Protection
(1993), the 1995 Concept of Environmental Protection, the 1995 National Strategic Environmental
Protection Action Programme, the 1996 National Environmental Action Plan and the 2001 National
Action Plan for Environmental Health. At the same time a number of sector specific strategy
documents have been elaborated, including a series of provisions relating to environmental
protection. In the period 1995 to 2000, the "Environment for Europe" process drew particular
attention to countries in Eastern Europe, the Caucasus and Central Asia (EECCA) region and to
South-East European countries. The Republic of Moldova has participated actively in this process,
being represented at the highest level in international environmental activities. It has also signed
and ratified a number of international agreements. Implementation of these agreements has
become a constituent part of environmental activities at the national and regional levels. (See
chapter 4 on International Agreements.) A series of legal instruments programmes and strategies
have been adopted relating to other sectors of the Moldovan economy. A series of changes have
occurred in Moldovan society and in the structure of the national economy during recent years. The
need to implement a unified policy on environmental protection and the use of natural resources,
which integrates environmental requirements into the national economic reforms along with the
political desire for integration into the EU, has resulted in the revision of the existing environmental
policy and the development of a new policy concept. The 2001 Concept of Environmental Policy
replaced the action plans and concepts that have been in force since the middle of the 1990s. It
covers the adjustment of the ecological policy's major objectives to take account of the social and
economic changes in the country, and incorporate regional and global programmes and trends in
order to prevent further deterioration of the environment. Its main objectives for environmental
policy are:
· To prevent and mitigate the negative impact of economic activities upon the environment, natural
resources and public health in the context of sustainable national development; and
· To ensure a safe environment for the country.
According to the Concept, the current environmental policy priorities are capacity building and
cross-sectoral collaboration, including the use of "economy through ecology" and "cost benefit"
principles, regulation of environmental impacts, pollution prevention and rehabilitation of the
environment. The Concept covers the issues of financing environmental activities, and public
participation in the decision-making process in the context of environmental protection and rational
use of natural resources. It calls for an extension of the Environmental Information Centre
activities and the creation of environmental information centres at the local level. International
collaboration activities in environment are driven by the development of a concept for international
relations on environment and the political desire for European integration, with an emphasis on
approximation, strategies and programmes.
EU-Moldova Action Plan for Neighbourhood Policy
In September 2003 the country presented the Concept for the Integration of the Republic of
Moldova into the European Union. In the Concept it welcomed the European Neighbourhood Policy
and expressed its wish to be included in the Stabilisation and Association Process of the Western
Balkan countries. In March 2004 the country recognized the importance of the Neighbourhood
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Policy for internal reform and considered it as a way to move closer to the EU. A joint EU-Moldova
Action Plan prepared for 2005-2008 was signed in February 2005. According to the Action Plan the
country is invited to enter into intensified political, security, economic and cultural relations with
the EU. The EU acknowledges Moldova's European aspirations and Moldova's wish to integrate with
the EU. The Action Plan covers the issues of sustainable development and requests steps are taken
to better integrate environmental considerations into other policy sectors, particularly industry,
energy, transport, regional development and agriculture. It also asks for steps to be taken towards
strengthening environmental administrative structures and establishing procedures regarding
access to environmental information and public participation. It covers issues of the
implementation of the Aarhus Convention on Access to Information, Public Participation in
Decision-making and Access to Justice in Environmental Matters, EIA and environmental education.
The need for the adoption of additional legal acts for key environmental sectors is also specified.
The possible participation in European Environment Agency activities is also mentioned.
Other Strategies, Plans and Programmes
A large number of other strategies, plans and programmes related to the environment, have been
developed since 1998.
The most important are:
The 2001 National Strategy and Action Plan for Protection of Biodiversity
The 2003 Concept of National Water Resource Policy for 2003-2010 covers the purposes and tasks
of water policy including the rational use and protection of water resources, water quality
improvement, meeting population and national economic needs, and protecting the aquatic
ecosystem.
In order to increase the population's access to good quality drinking water, the 2000 Programme of
Water Supply and Sanitation for Localities until 2006 was developed in 2002 and is being
implemented. It is financed from State and local budgets, the NEF and credits and grants from
international financial institutions and foreign countries.
No less than 26 strategies and programmes have been developed for the industrial sector since
1998.In most of them environmental issues are addressed. The most important are the following
programmes, which integrate environmental objectives in industrial policies:
· The Programme "Quality and implementation of quality management system according to the
requirements of ISO 9000" was implemented in 2004 by introducing quality management
systems in 10 enterprises and creating preconditions for implementation in 22 other enterprises;
· Industrial policy in the context of integration into the EU. This policy is based on the EU Moldova
Action Plan in the framework of the European Neighbourhood Policy of the EU;
· The Sectoral Strategy for Industry Development for the short-term period up to 2006, foresees a
four-fold increase of industrial output, maintaining an annual industrial growth of 17-20 per cent,
and the creation of 25,000 new jobs. The Strategy was updated for 2004-2008 and harmonized
targets and those of the industry policy for integration into the EU with the EGPRSP. It predicts
an annual growth of industrial production of 18 per cent. It served as a basis for the elaboration
of programmes for industrial sub-sector development;
· The 2004 Programme for the Implementation of New Technologies in Industries anticipates the
enhancement of cooperation between scientific institutions and enterprises in the field of
technological innovations and the creation of industrial parks and industrial clusters; and
· The 2003 Programme for Energy Efficiency Improvement in Industry for 2004-2008, which
integrates energy conservation objectives into industrial sector policies.
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4.2.2.3. The legislative framework
The Constitution of the Republic of Moldova refers several times to the environment and to the
principle of sustainable development. It requires this and all other policies to be managed through
laws. The laws must stipulate the regulations that should be elaborated to make these laws
operational, and set a timetable for their adoption. Legal requirements are uniform for the entire
country except Transnistria. Laws and their subsidiary ordinances tend to be prescriptive
(Command and Control) and make detailed provisions for the organization and implementation of
the matter being regulated, setting out control practices or giving the location of offices established
to implement them. Environmental laws and their subsidiary ordinances are similarly single-media
in character. Voluntary approaches for environmental compliance are not integrated into legal
requirements
The basic legislation that covers environmental protection was developed between 1995 and 1999.
The 1993 Law on Environmental Protection imposes general obligations on so-called economic
agents, requiring them to introduce technologies that minimize waste generation, to keep a
register of generated wastes and to process recyclable waste on site or in specialized enterprises.
The current definition and categorization of waste is still based on classifications adopted under the
Soviet system. International waste categorization has not yet been introduced. The Act provides for
the establishment of taxes for the storage and treatment of industrial and domestic waste, and
technical standards for transport, surface storage, incineration and landfill of the non recyclable
components of waste. The Law on Environmental Protection covers three main waste classes: solid
and non-hazardous waste, toxic (hazardous) waste and nuclear waste. No list of wastes falling
within these categories has been developed. There is no definition of hazardous waste
corresponding to EU legislation. The Law on Environmental Protection forbids all import and transit
of nuclear waste on the territory of the Republic of Moldova
The 1996 Law on Ecological Expertise and Environmental Impact Assessment gives citizens the
right to request information on new economic developments/projects and on the results of the
evaluation of their design. The Constitution gives every citizen the right to take actions to the
courts but there are no examples of people who have exercised this legal right yet. The main
reasons for this may be that people do not often realize that the right for a clean environment is
one of their fundamental constitutional rights and that the public has limited access to timely and
intelligible environmental information. However, citizen actions are starting to take place, and
citizens are starting to make use of environmental NGOs to initiate actions.
The 1997 Law on Atmospheric Air Protection states that a permit is required for facilities emitting
substances into the air. Emission standards and the way they are calculated are based on
dispersion calculations. The aim is to guarantee that ambient air quality standards are not
exceeded. Air quality standards are still those of the Soviet times and have not been approximated
to EU standards. There are no emission standards for certain industries (e.g., large combustion
plants) and all standards are calculated on a case-by-case basis. The principle of best available
techniques is not applied in the country and the existing legislation does not give any grounds for
it.
The Law on Atmospheric Air Protection also regulates emissions from mobile sources but again, the
limit values used are those established for old Soviet cars and the number of components regulated
is very limited - carbon monoxide, hydrocarbons for gasoline engines, and smoke density (relative
indicator for PM content in exhaust gases) for diesel engines.
The basic water legislation is the 1993 Water Code, which gives grounds for similar concerns as
those described above on air quality management. The authorized discharge levels are based on
ambient standards. The methodology for calculating discharge limits from ambient standards is
based on the principle of a dilution calculation and dates from former Soviet Union times. The main
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criterion for the calculation of emission limit values is that pollutants discharged into the
watercourse should not exceed the maximum permissible concentrations in the receiving waters of
designated use (fishery management limit values are being used by default). The ambient water
quality standards are extremely stringent as they are based upon the concept of zero risk. As a
result they are unrealistically strict which leads to a general acceptance that it is not possible to
meet the legal requirements. Also, sometimes natural components in groundwater (e.g., sulphides)
may have a higher concentration than the authorized limit value in the receiving water body, so it
is impossible to follow the requirements. There is a need for a realistic linkage between ambient
standards and discharge standards with both preferably being established directly by legislation.
There is no legal obligation in the country for companies working with certain quantities of
dangerous substances to develop accident prevention and safety management plans. The principles
of EU legislation on the control of major accident hazards involving dangerous substances are not
yet included in the national law. The provisions that require installations to develop a policy for
major accident prevention as well as safety management systems, including preparation of
external emergency plans and a safety report, are missing. There is also no formal requirement for
the testing and notification of dangerous substances.
The 1997 Law on Industrial and Domestic Waste requires the Government to develop a National
Waste Management Plan. Under the Law on Environmental Protection local Governments are
obliged to develop local Environmental Protection Plans that, where they have been developed,
may include plans for local waste management. No waste management plans have yet been
developed at the rayon level in addition to the National Waste Management Plan.
The 1998 Law on Payments on Environmental Pollution implements these principles in detail.
The country is beginning to introduce the concept of environmental management to industrial
companies. There is no legislative support to promote the introduction of environmental
management systems. There are no existing environmental management and audit schemes that
industries can subscribe to for environmental management in enterprises. However, companies are
not showing any interest in implementing such schemes. Economic resources are limited and there
is not much incentive to improve their environmental performance. There have been companies
that have set up a system in accordance with ISO 14000 requirements but they are not accredited
by any national body. There is a tendency to approach such issues as environmental management
in enterprises by developing obligatory standards rather than by setting up a voluntary scheme and
programme to promote the idea and involve companies.
The most important piece of national legislation covering the field of nature protection, biodiversity
and forest management is t he 1998 Law on the Fund of Natural Areas protected by the State and
the Law on Environmental Protection designate the MENR as the authority responsible for
regulating nature protection. The responsibility for the management of nature and forest areas has
been delegated to the Agency for Forestry "Moldsilva". Local authorities also have the responsibility
for nature protection, mainly for the management of natural monuments. The Law on Protected
Areas gives a legal base for the designation of State-owned protected areas. It includes a list of
protected areas and a list of protected species and requires the MENR to develop the related
secondary legislation. Only one regulation, which designates wetland areas as scientific reserves,
has been developed so far.
The Act on the Ecological Expertise and Environmental Impact Assessment includes the obligation
that the impact of new projects on protected areas must be taken into account. With regard to
habitats, the national legislation is not yet in compliance with the EU habitat protection
requirements. Habitats have not been identified as such and the resources and mechanisms for the
management of habitats are so far quite limited.
UNDP/GEF DANUBE REGIONAL PROJECT
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4.2.3. Water management
The surface water quality varies. According to the Water Pollution Index (WPI) the main rivers
Dniester and Prut are moderately polluted (category III-IV) while smaller rivers like Reut and Bicu
are more polluted (category IV-VI), on a scale where I is the least and VI the most polluted.
Dniester's water quality is important, since it is the main surface water body in the country,
providing water for 82 per cent of the population of Chisinau and being the source of 56 per cent of
the total abstracted water. The majority of underground water does not meet the quality standards
and requirements for potable water because of the excessive concentrations of chemical
substances (fluorine, iron, hydrogen sulphide, chlorides, sulphates and excessive mineralization).
According to the 2004 State of Environment Report, pollution in underground aquifers is
widespread and the poorly managed underground water is subject to continuous deterioration. In
rural areas, where most of the population draw their drinking water from the substandard
underground sources and where only 17 per cent of families use central supply sources, bad water
quality has a direct impact on the population's health, causing increased morbidity and generating
additional health-related expenditures for the state budget and economy.
In the 1990s the water usage pattern changed significantly towards a drastic reduction in
consumption. The groundwater abstraction was halved from the 277 million m3 in 1991 to 132
million m3 in 2001. The reduction of the use of water for agricultural irrigation was even more
dramatic. Irrigation water consumption dropped from 898,000 m3 in 1990 to 92,000 m3 in 1998
and to 46,000 m3 in 2002.
The wastewater discharged from residential or industrial areas is a major pollution contributor to
surface waters as most of the wastewater treatment plants (WWTP) are no longer operational. Out
of the 580 WWTPs built before the early 1990s, only 104 were still in use in 2003. The total
capacity of these plants is 614,000m3/day but only 32 per cent of the capacity or 198,000 m3/day
is effectively used, most of the plants being out of order. As a result, the quantity of untreated or
insufficiently treated wastewater has dramatically risen since 2000. Another big pollution source is
individual domestic discharges because 70 per cent of the housing does not have a proper
connection to the sewer system.
Water quality monitoring
Since 1998, the State Hydrometeorological Service (HMS) has increased its observation network
for surface water quality by four points on four different rivers and by five points on water
reservoirs. Overall, it currently consists of 49 observation points located on 16 of the largest rivers,
six major water reservoirs and one estuary.
The observation points are located near large urban areas. Diffuse pollution of surface waters is not
monitored in the Republic of Moldova. Samples are taken monthly to measure up to 42 hydro-
chemical parameters and up to six hydro-biological parameters depending on the observation
point. In 2004, the HMS started monitoring heavy metals and POPs (organo-chlorinated pesticides,
including DDT and HCH) in sediments in the Prut and Bîc Rivers and all water reservoirs. In 2005, it
took samples for PCB at five water-monitoring posts near electric energy installations.
The HMS implements a joint sampling programme with the Iasi Environmental Protection Agency
(Romania) on the Prut River. Four automated monitoring stations were installed on Prut (2) and
Dniester (2) Rivers in 2004, thanks to a NAT funded project. The stations had been providing real-
time data on pH, temperature, water level, conductivity, turbidity and dissolved oxygen until they
ceased to operate because of inconsistencies between the stations' equipment and local
telecommunication networks. The HMS expects that the project-implementing agency will fix the
problem soon and that it might be also possible to upgrade the stations to monitor pollution by
chemicals and oil products. According to an assessment made jointly by Danish and Moldovan
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page 41
experts under a Danish-funded project in 2002, to comply with monitoring requirements of the EU
Framework Water Directive, the Republic of Moldova should create an additional eight river and 18
lake observation posts.
To strengthen its water-quality observation network including transboundary water monitoring, the
HMS prepared proposals for unspecified donor financing (some 290,000) to install four
supplementary automated monitoring stations as follows: two stations on the Rut River upstream
and downstream of Balti city, one station on the Bîc River downstream of Chisinau city and one
station on the Prut River at the confluence with Danube River. The HMS considers it necessary to
also start observations at Telenesti on the Ciulucul Mic River, at Cupcini on the Ciuhur River, as
well as at Floresti and Ghidesti at the Rut River, where important point-pollution sources are
located.
The groundwater-monitoring network of the Agency for Geology of Moldova "AGeoM" consists of
186 acting observation boreholes located on 33 fields. Since 1998 the total number of observation
boreholes has decreased by 36. Groundwater analysis is made on 20 physicochemical parameters
and five heavy metals (instead of 13 required by standards). The frequency of water samples
varies from one to ten per month depending on the borehole observation purpose. In large water
intakes samples for hydro-chemical parameters are taken twice a year and once every 2 or 3 years
for heavy metals. The network needs to be expanded as it does not cover, for instance, aquifers
under filtration fields belonging to sugar refineries in Drochia, Hiroveti, Ocnita, Dondusenj,
Alexandreni and Singerei and aquifers affected by sewage from 35 big cattle-breeding farms. These
pollution sources pose a significant threat to human health today. Territorial centres of preventive
medicine monitor the drinking water quality of 3,550 underground wells in rural areas and 11
surface water bodies. 12 production laboratories monitor drinking water quality at water
purification plants. There is no monitoring of biological parameters of surface water sources of
drinking water supply in the country. Waters for bathing are monitored in urban areas only (at
seven posts at the Dniester River and eight posts at the Prut River). In rural areas bathing waters
are not monitored, as responsible public authorities have not been designated.
4.2.4. Industry
From 1990 to 1999 industrial production dramatically declined but picked up steadily afterwards. It
grew 8% in 2000, 14 % in 2001 and 16 % in 2003. During the 1990s the country's economic
structure changed significantly. The industrial sector's share declined markedly and in 2003
supplied 18 % of GDP. In 2003 the processing industry's share of GDP was 5.7 % and accounted
for 9.4 per cent of total employment. More than half of this is due to food, beverage and tobacco
production which is a strategic sub-sector for the country. In the Republic of Moldova, the main
industries are food processing (55 per cent of industrial production), paper and cardboard,
furniture, leather, and heavy machinery. Construction materials are also an active sector. A major
share of industry is private. Out of 674 big enterprises in 2003 just 64, i.e., less than 10 per cent,
were public. Foreign companies or joint ventures account for 26 % of industrial production. In
general, the situation in the sector remains complicated. Most industries did not reach the
production level of the pre-transition period and industrial capacities are far from being fully used.
Lack of investments led to a degradation of fixed assets. Industrial equipment has a high level of
depreciation and huge investment is necessary for modernization.
The structure of industrial production is not sufficiently diversified. The investments in food and
beverage enterprises accounted for the bulk of investment in the processing industry at around
62% of the total in 2002. Machinery and equipment accounted for 3 per cent of investment, with a
share of 6% in industrial production. Sixty per cent of industrial activity is concentrated in
Chisinau.
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Data on industrial pollution are incomplete. Most often the emissions reported by enterprises are
calculated on the basis of the input and technology process data instead of being directly
measured. There is a lack of integrated indicators of the industrial impact on the environment.
Emissions of pollutants into the atmosphere and surface waters from industry are not reported in
any official statistical data source. Industrial pollution is not being analysed and reduction targets
are not established in industrial development programmes or environmental documents. Though
enterprises must report annually on their air emissions, wastewater discharges and waste
generation, industry is not always fulfilling its obligations. Only waste generated by industries is
reported on a regular basis in official information sources. The lack of environmental indicators to
monitor pollution in industry is related to the environmental standards inherited from the Soviet
past. A gradual implementation of the Integrated Pollution Prevention and Control (IPPC) Directive
(96/61/EC) would help improve the situation. The few existing data on industrial pollution, water
and energy use show a slight increase in environmental efficiency from the decrease in air polluting
emissions and industrial waste generation being sharper than the decrease of the total industrial
output. The decrease in energy demand and the replacement of solid and liquid fuels in combustion
units by natural gas also contributed to lower emissions.
As traditionally done in the former USSR countries, industrial facilities discharge their wastewater
into municipal treatment plants. In 2003, 123 million m3 of a mix of domestic and industrial
wastewaters from municipal wastewater treatment plants were discharged into the receiving
water bodies. Since 1999, there has been a relative reduction in the volume of wastewaters
discharged, while industrial production has been increasing; but this is being offset by the
increased concentrations of the pollutants contained in these wastewaters. The data on
concentrations of pollutants after treatment presented by Apa Canal Chisinau (Apa Canal Chisinau:
the public water supply company owned by the municipality of Chisinau) indicate an increase in all
major compounds since 1998. Many of the industrial wastewater stations that are pre-treating
(i.e., detoxifying) their effluents before discharging them into the municipal sewerage network are
malfunctioning or do not function at all, and subsequently insufficiently pre-treated wastewater
flows into the municipal sewerage system and badly affects the performance of the biological step
of the waste water treatment plant (WWTP). Moreover, of the 580 WWTPs with a biological stage
those were built by the early 1990s with a total capacity of 650 million m3/year, only half of them
were still functioning in 1995 and 104 in 2003 [11]. In these plants, the biological step does not
always function, so their performance is even more drastically reduced. Therefore the situation,
which was already bad in 1998, has further deteriorated because of the lack of investments needed
to maintain or improve these obsolete wastewater treatment infrastructures.
Other potential major industrial pollution sources are the filtration beds of sugar factories. The
environmental impacts of all these pollution sources are not monitored. The lack of data on water
pollution indicators hampers the sound assessment of the situation and therefore makes it
impossible to take adequate pollution mitigation measures to prevent further degradation of
surface and ground waters by the industrial sector. According to the current legislation, water users
must operate according to requirements set out in the water use permits. These requirements
stipulate the volume of water that can be used and set limit values for the discharge of pollutants
contained in the wastewater. During the last decade, the number of water users decreased
dramatically, following the general drop in economic activity (1,692 water users had permits in
1992, 600 in 1998 and 322 in 2003) [11].
So far there are no companies that have environmental management systems complying with ISO
14000 or eco-management and audit schemes (EMAS). The situation in this field is slightly
improving because of activities of the Cleaner Production and Energy Efficiency (CPEE). Centre
within the framework of the Moldovan- Norwegian long-term collaboration programme on "Cleaner
Production and Energy Efficiency".
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4.2.5. The SWOT Analysis
Strengths
Weaknesses
-
The institutional system for
-
Inadequate implementation of adopted policies,
permitting and assuring compliance
strategies and plans.
with permitting conditions (through
-
The environmental legislation is not in compliance
inspection)
with EU legislation
-
Concept for the Integration of the
-
Lack of legislation concerning Integrated
Republic of Moldova into the
Prevention and Control including BAT
European Union.
requirements, permitting authority and inspection.
-
Adoption of the strategies and
-
An unclear division of responsibilities between
programmes in field of
specialized ministerial institutions (the
environmental protection such as:
Environmental Information Centre, the National
-
the Act on Environmental
Institute of ecology and the Central ecological
Protection (1993),
Laboratory).
I
-
Concept of Environmental
-
Lack of environmental standards for emission
N
Protection,
discharges into the aquatic environment
T
-
National Strategic
-
Lack of the Environmental Quality Objectives
E
Environmental Protection
-
Inadequate legislation and state administration.
R
Action Programme, National -
Gaps in capabilities.
N
Environmental Action Plan
-
Lack of knowledge and experience.
A
-
National Action Plan for
-
Lack of goals in field of industry, inventory of
L
Environmental Health
pollution sources and pollution reduction and
-
Water quality monitoring is in the
programmes.
place
-
Insufficient information related to pollution
-
Environmental legislation
sources and pollution releases into aquatic
environment.
-
Weak skills and technical knowledge of decision
makers and operators ( BAT, monitoring, public
involvement)
-
Insufficient treatment of urban and industrial
waste water
-
Obsolete waste water treatment technologies
-
Obsolete environmentally damaging industry
technologies
Opportunities
Threats
-
State's emphasis on water
- The lack of State institutions to handle integrated
management issues and an
water management
integrated approach
- Difficulties in field of obtaining a financial and
-
Implementation of Concept for the
technical assistance to improve water management
Integration of the Republic of
and monitor international procedures or standards.
E
Moldova into the European Union
- Lack of financial sources for improvement of
X
-
It is expected that the IPPC
situation in Industry development
T
regulations will enhance surface
E
water quality.
R
-
Value market places on challenging
N
programs supports enhancing quality
A
industrial technologies
L
-
Capacity to respond to state and
national needs to encourage water
protection.
-
Increased demand for development
of industry and BAT
UNDP/GEF DANUBE REGIONAL PROJECT
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4.2.6. Road Map for implementation of BAT
The environmental management system has acquired real strengths during recent years. The
policy base was developed extensively by the introduction of a number of new environmental laws,
strategies, programmes and plans. The establishment of the Ministry of Ecology and Natural
Resources improved the structure and standards of environmental institutions. A number of recent
policy concepts and action plans have called for new or adjusted environmental legislation. While
the organizational principles for environmental management are rational, the excessively narrow
scope of the legislation, which deals separately with each environmental media (air, water, soil) is
of concern. Each law tends to specify its own implementation regime, which makes it difficult to
move forward to an integrated management approach. Measures need to be taken to ensure
equivalence of practice across all media and to promote a holistic approach to environmental
management.
The 2005 EU-Moldova Action Plan envisages the adoption of additional legal acts for key
environmental sectors, based on the EU environmental acquis. To that end, emissions limit values
should be revised and streamlined gradually, and technical and performance requirements
considered at the project design stage. As a first step, the main principles should be established
and enterprises should be given time to implement these new measures. Also, there is very little
common approach across sectors between environmental management and the management of
other economic sectors. This common approach will need to be improved and developed further.
There is a need for sufficient, competent and professional staffing in environmental administration.
Currently the level of staff is critically low and is far too limited to cope with these new tasks or to
acquire the knowledge and advanced competencies that are necessary for dealing with integrated
and crosscutting issues. Therefore, to enable the country to fully implement the adopted
environmental policies and strategies and to further develop related legislation, it is necessary to
strengthen institutions and improve the administrative capacity. Staff training will also be
necessary as part of this approach.
Environmental permits cover all environmental areas (air, water, waste, soil) separately. They
regulate too many substances through permitting rules that are the same for all polluters,
irrespective of their size and environmental impact. This makes it difficult for the small number of
inspectors to monitor and enforce permit compliance effectively. It also places a heavy
administrative burden on environmental agencies and enterprises. An integrated permit limited to
industrial installations with significant environmental effects would be more efficient.
The Republic of Moldova has made progress in terms of greater transparency in environmental
assessment. However, more emphasis could be put on the use of environmental assessment
instruments, i.e., Environmental Impact Assessment (EIA), State Ecological Expertise (SEE) and
Public Ecological Expertise (PEE), especially for those projects with significant environmental
impact.
Industrial enterprises are not attaining a sufficient level of compliance with their environmental
obligations, and compliance should be monitored and promoted. In addition, inspectors are not
using feedback from their inspection findings for the improvement of the overall enforcement
process.
The State Environment Inspectorate (SEI) possesses a variety of enforcement tools, but it cannot
impose sanctions directly. Penalties and fines for administrative violations go through a court
procedure (except for water-related violations), which takes a long time and results in negligible
penalties for the violator. Courts are not competent enough to deal with environmental offences
and the rate of fines is too low to have any deterrent effect. The percentage of penalties paid is
very low. All actions related to sanctions should be carried out with increased SEI transparency and
accountability.
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Industrial Policy Project - Report on the Road Maps for Implementation of BAT
page 45
The observation network for surveying the quality of the environment has been enlarged, covering
more territory, additional media and new chemical components. However this is still not enough to
meet national legislation requirements and international obligations. Monitoring does not fully cover
groundwater pollution, diffuse pollution of surface waters or background pollution. There is no
comprehensive nationwide monitoring programme and the integrated environmental monitoring
system is not operational.
With the exception of drinking water, lists of ambient quality parameters have not been revised
since independence. Due to an excessively large number of regulated pollutants, unrealistic
monitoring and enforcement requirements are imposed on public authorities. Yet, at the same
time, some hazardous substances remain unregulated. A number of standards are below the
threshold of analytical detection.
Some institutions have increased the number of indicators in their environmental databases and
have improved their management and reporting of environmental information. However, modern
information technologies have not been introduced into all sectors and information is not easily
accessible to decision-makers and the public.
The Ministry of Ecology and Natural Resources (MENR) uses plans and programmes to invite the
public to participate in decision-making on policies. Nevertheless, the legal and regulatory
framework needs to be elaborated further to implement more effectively the public participation
requirements of the Aarhus Convention on Access to Information, Public Participation in Decision-
making and Access to Justice in Environmental Matters (which the country ratified).
The Republic of Moldova has ratified most environmental agreements of regional and global
importance and is implementing them by preparing national contributions and adjusting existing or
drafting new national policies on various environmental subjects. At the same time, implementation
of the ratified agreements and commitments remains rather weak and poorly coordinated.
International support is often donor-driven and does not always address the real needs of the
country.
Work Plan short- term objectives by the end 2008:
Issues related to
Operational tasks
Outputs
Improvement of
- conduct a detailed legislation gap analysis of
-
draft of legislation in
legislation
the environmental legislation (Law on
compliance with EU
Environmental Protection) particularly water
requirements as base for
legislation (Water Code and supplemental
adoption
legislation)
- prepare a draft of a new law or update
legislation in force aiming at the transposition
of the IPPC Directive and related water
legislation
- develop emission limit values and EQS
-
draft legally binding ELVs and
EQS
State
- detailed review of state administration and
- a new effective organizational
administration
responsibilities including inspection
structure and clearly defined
- identification of needs including costs
responsibilities
- propose, if necessary, a new structure and
- clear definition of
responsibilities
responsibilities at all levels of
- improvement of cooperation with state
competent authorities
organization and other stakeholders
UNDP/GEF DANUBE REGIONAL PROJECT
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Issues related to
Operational tasks
Outputs
- a gap analysis of monitoring and gathering
- monitoring programme
information taking into account requirements
focused on compliance with
of the ICPDR agreement as an minimum
permits and reporting
- an analysis of reporting obligations s in line
requirements EPER/PRTR
with the ICPDR setting up requirements
- an analysis of current decision making process
-
emission and product controls
in point of view the IPPC Directive
and the application of the
- inspection and enforcement
"combined approach": BAT or
relevant emission limit values
for control of point sources
Capacity building
- capacity building needs analysis
- proposal for capacity building
development
Industry pollution
- inventory of all industrial pollution sources and
- polluter register and specific
reduction
hazardous substances in cooperation with
pollutant register
operators
- assessment of screening
- screening of dangerous substances in waste
results as input for monitoring
water and receiving water
programme
- implement the List of Measures to reduce
- Programmes of measures
hazardous substances - a comprehensive set
contribution to the Danube
of measures addressing hazardous substances
Basin Management Plan
pollution
- development of pollution reduction programmes
including measures as a contribution to the
Danube Basin Management Plan and the
Programmes of measures
Implementation of
- Introduce the relevant stakeholders to the
- the national BREFs
BAT
process of integrated environmental permitting
and use of BAT
- analysis of industry sectors from the point of
view of BAT implementation
- translation of BREFs and/or proposal for
preparation national BREFs
- develop national BREFs
- creation of an information system regarding
BAT and BREFs
- dissemination of information and training
focussed on BREFs documents
Work Plan medium - term objectives by the end 2015:
Issues related to
Operational tasks
Outputs
Improvement of
- Implementation of new legislation and
- Compliance of the legislation
legislation
monitoring
with EU requirements
State administration - Improvement of state administration
- Functioning state administration
- Proposal for new developments
Capacity building
- Implementation of capacity building
- Proposal for meeting emerging
strengthening
needs
Industry pollution
- Implementation of the pollution reduction
- Updated pollution reduction
reduction
programmes including measures to
programme and programme of
contribute to the Danube Basin Management
measures as an integrated part
Plan- updated
of the Danube Basin
- Update the pollution reduction programme
Management Plan
RAMBOLL & EKOPEN
Industrial Policy Project - Report on the Road Maps for Implementation of BAT
page 47
4.2.7. Recommendations
The proposed work plan provides the Ministry of Ecology and Natural Resources with the
consideration of the following key IPPC and BAT implementation and enforcement aspects:
· Improvement of legislation - transposition of IPPC Directive;
· permitting process and emission/discharge limits;
· Best Available Techniques;
· mitigation of existing environmental problems;
· institutional arrangements;
· monitoring of compliance and enforcement;
· Likely effects of IPPC on national energy policy/strategy.
In this scope it is recommended beside adoption of a new legislation to take following steps:
-
Development of polluter register,
-
Analysis of industry sectors in point of view of BAT implementation
-
Set up emission limit values,
-
Development of national BREFs
-
Creation of an information system regarding BAT and BREFs
-
Dissemination of information and training focussing on BREFs documents
-
Monitoring programme according to reporting requirements PRTR,
-
Development of the pollution reduction programmes including measures as a
contribution to the Danube Basin Management Plan and the Programmes of measures
In identifying BAT, of existing know-how in other European Member States should be taken into
account, but, crucially, full recognition of the Moldovan situation should also be made. For
example, what may be considered as BAT in the MS may be neither available nor affordable in
Moldova. Current techniques deployed in the Moldavians industry sector and current levels of
environmental performance, particularly in relation to existing emission standards, should be
reviewed. The outcomes of this review should then be compared with those techniques defined as
BAT in the EU first of all for the main sector food industry, according to guidance and BAT
reference documents (BREF Notes) provided by the European IPPC Bureau
The monitoring of releases of pollutants is generally a key element of regulatory control which
provides data to demonstrate compliance with permitted limits or evidence of failure of pollution
control. Limits set within environmental permits should be:
· Consistent - for credibility the approaches used to determine limits should be consistent
and reflect current best practice
· Applicable - the approaches to limit setting should take regard of the characteristics of the
process being regulated, the available monitoring techniques and applicable Directive
requirements and the extent to which the improvements are affordable.
· Enforceable there is no point in having limit values that cannot be enforced.
It is recommended that before setting emission limit values an inventory of industry pollution
sources should be carried out and the monitoring of quality of surface water as well as content of
dangerous substances in relevant discharged industrial waste waters should be checked.
UNDP/GEF DANUBE REGIONAL PROJECT
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Consequently, when specifying a limit the methods of measurement used to determine compliance
must be: clearly understood; reflect current best practice and the inherent uncertainties in the
measurement and data handling methods should be quantified and taken into account. Compliance
monitoring programmes must also be designed to take full account of affordability.
The approach in Moldova should be compared with the requirements for monitoring and
enforcement set out in Council Decision 2000/479 on the implementation of a European Pollutant
Emission Register and the relevant guidance prepared by the Commission services.
An integral part of the proposed Work Plan is the development and subsequent implementation of
the Reduction Pollution Programme which will contain measures focused on particular steps related
to its implementation according to short and long- term objectives.
These measures will help Moldova to fulfil its obligations to the ICPDR concerning preparation of
the Danube Basin Management Plan and the Programmes of measures.
4.3. The Republic of Serbia
4.3.1. Background
Following the independence of Montenegro, on 5 June 2006 the Republic of Serbia has been the
legal successor of the State Union of Serbia and Montenegro.
The total area of the Republic of Serbia is 88,361 km², apart from Serbia Proper there are two
autonomous provinces: Vojvodina (21,506 km2) in the north and Kosovo and Metohia (10,887 km2)
in the south. The province Kosovo and Metohia is currently under provisional administration of the
United Nations according to UN Security Council Resolution 1244 and consequently it is not covered
by the Road Map.
Practically the whole territory of Serbia drains into the Black Sea and belongs to the Danube River
Basin. The Danube River flows for 588 km within Serbia and crosses the Vojvodina region through
the Pannonian Plain. It runs through the capital Belgrade through the Balkan Mountains, and exits
the country at the Iron Gate. The main river rivers are the Sava (length 206 km), the Drina (length
220 km) the Morava (length 308 km) and the Tisza River.
4.3.2. Policies, strategies, legislative and institutional framework
4.3.2.1. The institutional framework
The Ministry of Science and Environmental Protection Directorate for Environmental
Protection (DEP) has the key responsibility in environmental protection. The Directorate for
Environmental Protection (DEP) is a division within the Ministry for Science and Environment and
has a wide range of responsibilities identified in the Law on Ministries.
The Environmental Protection Agency (EPA) was established in 2004 as an institution within the
Ministry for Science and Environment. The main functions of the EPA include:
· Development, harmonisation and management of the national environmental information
system (especially regarding conditions of environmental media) and development of the
registry of polluters;
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· Collection and organization of environmental data, reporting on environmental conditions and
the implementation of environmental policy.
· Development of procedures for the processing and assessment of environmental data;
· Updating data on the Best Available Technologies and practices;
· Cooperation with and reporting to the European Environmental Agency and the EIONET.
The Directorate for Water being part of the Ministry of Agriculture, Water Management and
Forestry, is specifically responsible for the development of water management policy, rational
consumption of water resources, provision of drinking water supply (excluding distribution), flood
protection, issuing permits for water abstraction and discharges, and collection of charges for water
use and discharges to water bodies.
The public water management enterprises `Srbijavode' and `Vode Vojvodine' were set up to
manage water resources in Serbia and Vojvodina respectively.
Other ministries with responsibilities for the environment include: the Ministry of Agriculture,
Forestry and Water Management Directorate for Forests, Directorate for Water (water, forests,
livestock farm waste, etc.), Directorate for Plant Protection (control of production, import, trade,
storage and application of plant protection agents), Veterinary Directorate, Ministry of the Economy
(industry); Ministry of Health (enforcement of sanitary regulations relevant to the environment);
Ministry for Capital Investments (urban planning and construction and use permits, road, air, rail
and water traffic); Ministry for Mining and Energy (energy efficiency, permits for extraction of
mineral resources, except for ground waters, renewable energy sources); Ministry of Trade,
Tourism and Services, etc.
There are several institutions responsible for environmental monitoring:
· The Hydro- Meteorological Institute (Hydromet) is the designated organization in charge of
hydrometeorological services including ambient environmental quality monitoring. Hydromet runs
a national network of monitoring stations including stations for measuring surface and
groundwater levels, monitoring stations for measuring suspended solids, water flow and water
temperature. Water quality is continuously monitored in a network of stations for surface and
groundwater. The Hydromet deals with the state hydrometeorological and hydrological
monitoring system and the system of state laboratories. Hydromet also manages the network of
air quality monitoring stations in larger towns.
· The Public Health Institutes monitor local air quality in large urban areas, surface water quality in
urban areas, drinking water quality and noise.
· The Environmental Inspectorate covers compliance and emission monitoring but these tasks are
inadequately addressed. There is no self monitoring by industry or other polluters.
· The Recycling Agency, which is a government institution not subordinated to the Ministry for
Science and Environment, has responsibilities for waste management especially recycling and
the recovery of waste. It monitors the use of secondary waste materials and issues the waste
category certificates.
At the level of the autonomous provinces, the key responsibility lies with the Provincial Directorate
for Environmental Protection and Sustainable Development. In 2002 certain environmental
responsibilities were transferred to the Autonomous Province of Vojvodina under the Law on
Competencies of the Autonomous Province of Vojvodina. The Provincial Secretariat for
Environmental Protection and Sustainable Development provides for the execution of functions
concerning: development of environmental and sustainable development programmes for the
autonomous province and provides measures for implementation, monitoring and information sub-
system, approval of EIA, approval of environmental protection programmes and programs for the
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enhancement of the flora and fauna, forests, water, construction and agricultural land, and
approvals of urban plans for national parks in the territory; inspection services for all
environmental media except hazardous substances and bio-diversity, as well as other issues of
interest for the province, in line with the law. The Province is also in charge of strategic assessment
of plans and programs and issuing of integrated permits for facilities and activities in its territory.
Municipalities/cities have responsibilities in the field of urban planning, environmental protection
and improvement of the environment and public utilities. At the local level, Secretariats for
Environmental protection have limited responsibility for environmental management including air
quality protection, noise protection, management of communal waste, urban planning, construction
permits for smaller facilities, and strategic assessment of plans and programmes, EIA and
integrated permits.
The Water Supply and Sewerage Public Utilities are the current operators of communal water
supply and sewerage systems. The water supply is under the jurisdiction of the local self-
government. For purposes of water supply, the municipalities, cities, or groups of municipalities
may set up public utilities. Assets available to these companies are generally state-owned.
4.3.2.2. The policy framework
The Constitution of the Republic of Serbia stipulates the right to a healthy environment and the
duty of all, in line with the law, to protect and enhance the environment. The Republic of Serbia
prescribes and provides a system of environmental protection and enhancement, the protection
and enhancement of flora and fauna by adopting laws which enable sustainable management of
natural values and protection and enhancement of the environment and provide a healthy
environment.
In 2001, the Government of Serbia approved its first State-of-the-Environment report and the
National Assembly adopted the following priorities based upon that report:
· The building and reinforcing of environmental protection institutions and services. This includes
cooperation between the environment and other sectors;
· The adoption of a framework law on environmental protection and the design and implementation
of new environmental strategies, e.g. a waste management strategy, a national environmental
action plan, local environmental action plans and strategies for the sustainable use of natural
resources and protected areas;
· Development of an Accident response system;
· The cleaning-up of environmental hot spot;
· A commitment to regional cooperation and environmental legal reform (EU accession, economic
reform); and
· The development of an integrated environmental information system (public awareness, civil
society building, environmental education).
There is no legal obligation for municipalities to develop local environmental action plans (LEAP).
To date, no new environmental policy has been adopted however in October 2005 a draft National
Environmental Strategy was developed and submitted for inter-ministerial consultation.
Other strategic and planning documents are: the Water Management Master Plan of the Republic of
Serbia and Spatial Management Master Plan of the Republic of Serbia adopted in 2002
In July 2003 the Government of the Republic of Serbia adopted the Action Plan for harmonization
of draft legislation with the legislation of the EU, identifying the scope of laws that need to be
adopted in line with the EU regulations. This Action Plan includes also justification of the need to
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adopt a specific law, the institution in charge of implementation, and other elements of significance
for the harmonization of the national legal system with the EU acquis.
4.3.2.3. The legislative framework
The set of environmental legislation in Serbia consists of a large number of laws and regulations
(over 100). Legislative, executive and judicial powers are generally implemented through the
legally prescribed scope of competencies of republic authorities. According to the law, certain
responsibilities are delegated to the autonomous provinces and local governments.
Environmental legislation includes laws and regulations on: planning and construction, mining,
geological survey, water, soil and forest protection, flora and fauna, national parks, fisheries,
hunting, waste management, production and trade of chemicals, trade and transport of explosive
and hazardous materials, protection of ionizing and non ionizing radiation and nuclear safety etc.
The new legal framework for environmental protection was introduced in 2004 in the Republic of
Serbia by the Law on Environmental Protection, Law on Strategic Environmental Assessment, Law
on Environmental Impact Assessment and Law on Integrated Prevention and Pollution Control. The
most significant issues covered by the Law on Environmental Protection include: fundamental
principles of environmental protection, management and protection of natural resources, measures
and conditions of environmental protection, environmental programs and plans, industrial
accidents, public participation, monitoring and information system, clearly identified competences
of the Environmental Protection Agency, reporting, financing environmental protection, inspection
services and fines. The new laws are harmonized with the EU Directives on environmental Impact
Assessment (85/337/EEC), strategic impact assessment (2001/43/EC), IPPC (96/61/EC) and public
participation (2003/35/EC).
The Law on Environmental Protection (The Official Gazette RS No. 135/04) regulates the following:
· Criteria and conditions for sustainable use and protection of natural resources and values.
· Environmental protection (air, water, land, soil, forests, protected natural areas and national
parks, waste, hazardous substances, ionizing radiation, noise and vibration).
· Measures and conditions for environmental protection (prevention), in terms of:
-
Spatial planning and construction;
-
Conditions for operation of facilities and installations;
-
Environmental quality standards and emission standards (ambient and emission
limit values);
-
Bans and limitations;
-
Environmental management systems;
-
Standards for technologies, products, processes and services;
-
Environmental labelling.
· Remediation measures.
· Systems of permits and approvals.
· Hazardous substances protection measures (production, transport and handling).
· Environmental monitoring (monitoring and information system).
· Public awareness and participation in decision-making.
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· Economic instruments for environmental protection.
· Liability for pollution.
· Administrative supervision.
· Fines policy.
The Law on Water Management (Official Gazette 46/91, 53/93, 67/93, 48/94 and 54/96) specifies
provisions regarding the water regime, water management areas, responsibilities for the issuance
of water management acts, water management activities, limitation of owner's or beneficiary
rights, water co-operatives, financing water management activities, as well as administrative
inspection, i.e. the supervision of the enforcement of the law.
The environmental protection system includes also special laws which need to be harmonized with
the EU legislation: preservation of nature, introduction of GMOs, protection of air, water, land, soil,
forests, geological resources, management of chemicals, waste management, ionizing and non-
ionizing radiation, noise and vibration, etc.
The control of use and protection of natural resources and values is provided especially in the
planning and construction stage; by enforcement of standards, norms and regulations relevant to
the use and protection of natural resources and values; strategic environmental assessment,
environmental impact assessment, integrated pollution prevention and control, a coordinated
system of permits and approvals, maintaining registers of exploitation of natural resources and
values, establishing monitoring over the use of natural resources and environmental monitoring.
Preventive measures are developed with the aim of remedying damage and reducing risks of
damage. Integration of these measures and environmental conditions is implemented during the
planning process through SEA, EIA and IPPC systems. The most frequently used regulatory
instruments are ambient and emission standards.
Construction and operation of facilities and activities is possible only if ambient and emission
standards and emission abatement technologies are met. Ambient standards are better regulated
and more frequently applied than emission standards. The ambient air standards exist for PM, soot,
SO2, NO2, HCl, ammonia, heavy metals and other pollutants. The ambient limit values for surface
water are in place. The ambient standards for soil and irrigation water cover a range of heavy
metals. Ambient standards also exist for noise. Limit values for bathing waters, and fishing waters
have not been introduced. Most of the existing ambient limit values are not harmonised with the
relevant EU directives.
Emission standards are set for air pollution (though these are not harmonised with the relevant
directives such as the Large Combustion Plant Directive 2001/80/EC or the VOC Directive
1999/13/EC). The air emission limit values regulate combustion plants, processing of mineral raw
materials, cement kilns, coke production, metallurgy, inorganic chemistry, organic chemistry, and
vehicles (cars, trucks, motorcycles). Emission standards have not been adopted for wastewater
discharges. A system of bans or restrictions is in force for certain trade and other activities
including:
· Import, export and transit of technologies, processes, products, semi-finished products, raw
materials that may be harmful to the environment and human health;
· Pollution of soil by excessive use of fertilizers or pesticides and hazardous substances;
· Discharge of excessive amounts of hazardous substances into surface and groundwater;
· Discharge of certain hazardous substances into water;
· Production, import and export of ozone-depleting substances, or products containing these
substances, whose trade is banned (subject to permitting);
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· Import, export and transit of endangered and protected species of wild flora and fauna and their
reproductive forms and parts (subject to permitting);
· Import of hazardous and radioactive waste;
· Import, export and transit of waste (subject to permitting);
· Specific activities within the territory of national parks;
· Destruction of forests.
Product standards are introduced for certain products (petrol, diesel fuels, and emissions from
vehicles) but these are often not in compliance with the EU legislation.
The law provides for the participation of physical and legal entities in the process of environmental
management systems (EMS) in compliance with EU requirements, approvals and cancellation of
environmental labelling of products, processes and services with reduced environmental impact.
Remediation measures include the adoption of remediation plans at the level of Government,
autonomous province and units of local government, for a period of five years, in line with the law.
The key permitting procedures include: land use permits, construction permits (accompanied by
the EIA procedure), water use permits and permits for use of other natural resources (fish,
medicinal herbs, timber, hunting etc). There are no emission permits for wastewater discharges.
The permit issuing authorities are the respective ministries, autonomous province, municipalities or
appointed institutions. Enforcement is usually carried out by the same institution which issues the
permits.
Strategic environmental assessment was introduced by the Law on Strategic Environmental
Assessment (Official Gazette RS No. 135/04) in compliance with the EU Directive 2001/43/EC. It
applies to state plans and programs as well as municipal spatial and land use plans. Public
participation is envisaged in all stages of strategic assessment. The Law is implemented directly
without the adoption of separate regulation.
The EIA procedure is implemented in Serbia according to the Law on EIA (Official Gazette RS No.
135/04). The list of projects is different from that required by the EU directive (85/337/EEC, as
amended by 97/11/EC). The procedure consists of assessment in three stages for existing and
future facilities and projects: making a decision concerning the need to carry out the assessment;
determining the scope and content of the assessment study, and decision to give the approval of
the study. Public participation is envisaged in all stages of impact assessment. Full implementation
of the law will be achieved after adoption of relevant by-laws.
The IPPC system was introduced by the Law on Integrated Pollution Prevention and Control (Official
Gazette RS No. 135/04) in compliance with the EU Directive (96/61/EC). This system provides: an
integrated approach to pollution control by issuing integrated permits stipulating the obligation of
the operator and conditions for the operation of facility or performance of an activity; full
coordination between relevant authorities in the permitting process; public access to information
and public participation before permit decision-making. Full implementation of the law will be
achieved after adoption of relevant by-laws.
Measures for protection against hazardous substances include bans and limitations regarding the
production and trade of ozone depleting substances, or products containing such substances and
the export, import and transit of waste. Handling of hazardous substances is regulated in line with
requirements of the EU Seveso Directive on industrial accidents.
Public information and public participation in decision-making has been introduced in line with the
EU Directive (2003/35/EC). Capacity building for relevant organizations is necessary in order to
achieve full practical implementation.
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The question of environmental liabilities of polluters for environmental damage is regulated by the
law. However, the question of environmental liabilities of polluters for past pollution by privatised
companies is not fully regulated by the privatisation law. The proceeds from privatisation sales go
to the state budget.
The recently adopted laws have, in some fields, delegated the administrative supervision to the
bodies of the autonomous province and the units of local government, which creates the need for
further capacity building of the relevant authorities.
4.3.3. Water management
The Republic of Serbia has access to sufficient quantities of water to meet its needs, provided the
water is economically used, protected from pollution, and necessary facilities exist for the reduction
of uneven flows over the course of the year.
Of all the available water resources less than 8% (or about 500 m3 .s-1) originates within the state
territory. The remaining 92% are transit waters entering the country through the Danube, Sava,
Tisza, and other watercourses [13].
Surface and groundwater is used for public water supply. Surface water is abstracted from the
water courses and artificial reservoirs (with the total capacity of 250 million m3/y). The
groundwater resources are of great importance for Serbia. About 820 million m3/y of water is
abstracted to satisfy the needs of households and industry [13]. It should be emphasised that
about 28% of water for industrial purposes in Vojvodina, and about 18% of water for industrial
purposes in Central Serbia is abstracted from the groundwater aquifer.
The quality of water courses in Serbia is generally low and is further deteriorating. Examples of
very clean water - Class I and I/II - are very rare, and are found in mountainous regions, for
example along the Djetinja, Rzav, Studenica, Moravica and Mlava rivers in Central Serbia. The
most polluted rivers (with quality beyond the classification system) include the Stari and Plovni
Begej, Vrbas-Becej canal, Topolica, Veliki Lug, Lugomir, Crni Timok and the Bor River. The water
quality suffers especially from eutrophication caused by nutrients and organic pollutants (due to
the discharge of untreated sewage and agricultural run-off) and heavy metals. Increased
bacteriological pollution is found in large rivers (the Danube, Sava, Tisza and Morava), downstream
of large cities (Belgrade, Novi Sad, etc.). The deterioration of water quantity is partially attributed
to transboundary pollution of the waters entering Serbia. The Tisza and Sava enter the territory of
Serbia as class III rivers, and the Begej River is class IV upon entering Serbia. The Transboundary
Rivers are contaminated with nutrients, hydrocarbons, heavy metals, and organic components.
Despite a large pollution load, the quality of the Danube remains in class II-III mainly due to a
large dilution capacity. The construction of the Djerdap hydroelectric system, and the dam on the
Danube caused a range of adverse environmental impacts such as siltation and sedimentation in
the artificial reservoirs. Tributaries bring about 20 million m3 of sediment each year into the
reservoirs. Toxic pollutants discharged from large industrial centres (Novi Sad, Pancevo,
Smederevo, and Belgrade) and wastewaters from the upstream countries loaded both with organic
pollution and heavy metals are trapped in the Djerdap artificial lake.
The Danube-Tisza-Danube Canal and the secondary irrigation and transportation canals in
Vojvodina are highly polluted and cause contamination of agricultural soil.
The quality of drinking water in Serbia is generally unsatisfactory. According to the findings of the
Public Health Institute of the Republic of Serbia, in 2001, 29% of samples from the water supply
systems did not satisfy physical, chemical or bacteriological standards. There are significant
regional differences in drinking water quality between Central Serbia and Vojvodina. The main
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problem in central Serbia is that more than 40% of the samples were bacteriologically
contaminated and did not satisfy the Serbian quality criteria.
In Vojvodina the primary problems with physical and chemical water quality parameters are
turbidity, and the presence of iron, arsenic, nitrates and manganese, the level of which is naturally
higher. In many areas, the groundwater cannot be used for drinking purposes without prior
treatment. Most drinking water sources are not sufficiently protected from point and non-point
pollution; hence there is a significant risk of epidemic outbreaks.
There are 153 public water supply systems serving about 60% of the country's population, while an
additional 15% of the population have some sort of water supply. Although the coverage is high,
many systems are not always properly functioning, resulting in water losses in the distribution
networks which are higher than acceptable; and in low, unsatisfactory level of service.
Untreated industrial and municipal wastewater, agricultural run-off, as well as pollution related to
river navigation and thermal power stations are the key sources of water pollution in Serbia. Only
13% of municipal sewage is treated prior to discharge. The Sava River Basin receives about 80% of
the country's industrial wastewater. Non-point source pollution contributes to more than 50% of
the total water pollution. These sources produce over 80% of total nitrogen, 50% of total
phosphorus, and 90% of faecal and coliform bacteria.
According to the data from the Water Master Plan of the Republic of Serbia, it is estimated that the
total quantity of suspended solids in the water courses amounted to 1,549,531 kg/day, while the
population equivalent was 12,301,223 [14].
Monitoring and reporting requirements are regulated by law and include the scope and manner of
monitoring, authorized organizations, reporting, information system and register of polluters. There
are obligations to carry out measurements and to report the data to the competent authorities
exists for of air polluting installations (emission measurements), and producers of wastewaters
(measurements of COD, BOD5, insoluble matter, pH, coliform bacteria, N, P).
Water monitoring is the responsibility of the Republic Hydro-Meteorological Institute, the Institute
of Public Health and other specialized organizations and institutes. Surface and groundwater
quality, aquifers and reservoirs are monitored by the Republic Hydro-Meteorological Institute based
on a two-year programme adopted by the Government of the Republic of Serbia. The principal
network of measuring stations, established during the 1960's, has been enlarged both in terms of
number of stations and in terms of frequency of sampling and analysis.
In 2005, the state-owned hydrological monitoring system in the Republic of Serbia (Kosovo and
Metohia excluded) included 187 surface-water hydrological stations. 400 stations monitor the level
of ground water on average 3-6 times a month [14].
The water quality is continuously monitored by a network of surface-water stations that includes
133 measuring profiles, with a sampling frequency 12-24 times a year, and analysis of 36-63
water-quality parameters. Daily control of water quality is carried out in 12 water quality stations
on 8-10 parameters (complete analysis of water quality is carried out twice a month). Ground-
water quality monitoring is carried out in 68 stations (30 parameters in average with the sampling
frequency twice a year).
The analysis of water quality and sediments is carried out in all the main water reservoirs in Serbia.
The programme includes 36 measuring points with a sampling frequency of twice a year (testing
36-63 parameters of water quality). Sediments are tested once a year on 33 profiles in water
reservoirs and 33 profiles in river courses.
Organizations performing monitoring of surface and groundwater and effluent quality are obliged to
report the results of the monitoring to the Republic Hydro-Meteorological Institute and the public
utilities for water supply on a monthly basis according to the Law on Water Management. Accident
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reporting is required the same day. The quality of drinking water in distribution networks and
groundwater used by water supply companies is monitored regularly.
The monitoring of wastewater discharges is a legal obligation, which is poorly implemented in
Serbia and hence wastewater discharges are not systematically monitored. The number of
parameters measured is too limited and usually not linked to hydrological measurements. There is
no accessible registry of wastewater discharges and lack of available current data on discharge of
wastewaters. However, a number of local registers of river polluters have been established.
Polluters are obliged to measure the quantity of wastewater, and monitor the operation of
wastewater treatment installations (this obligation is inadequately implemented). Compliance
monitoring of wastewater is hampered by the lack of effluent standards.
4.3.4. Industry
Serbia's large heavy industries are primarily linked with mining. Consequently, there were
industries such as melting, refining, metallurgical industries, chemical industries, machinery and
vehicle production. Other important industrial production includes cement and other building
materials, fertilizers, electrical equipment, sawmills, wooden furniture, paper products, leather and
fur products, yarns and fabrics, rubber, textiles, food products and beverages. A major decline in
production and domestic product occurred in the1990s (market disintegration, economic sanctions,
impoverishment of the population, high unemployment, bombing of some major infrastructure and
industrial facilities, etc.). Per capita GDP in the year 2000 was only about 50 % of its 1989 level.
According to the data for industrial products for 2003, the main branches of the processing industry
include food processing and beverages, chemicals and chemical products, metal processing, oil
derivatives, products of non-metal minerals, machines and devices, electrical devices and
apparatus, etc.
There is a generally poor state of industrial facilities. Old technologies, low energy and raw material
efficiency, low technological discipline and a high level of waste generation are contributing factors
to industrial pollution. There is a general lack of industrial pollution abatement facilities
(particularly sewage treatment plants, scrubbers and flue gas desulphurisation plants). Some
industrial plants (heavy industries, for example steelworks, metallurgical industries, chemical
industries) operated previously basic pollution abatement installations but most of these have been
out of operation in the past fifteen years. Consequently, nearly 90% of industrial wastewater is
discharged untreated.
Water pollution in mining basins most frequently result from erosion of uncontrolled tailings. There
have been cases when over 100 million tones of flotation tailings flooded the area due to failure of
flotation dams.
Chemicals are used in many branches of the economy (chemical, pharmaceutical and food
industry, lumber industry, metallurgy, leather industry, etc.). They are necessary in the production
of fuel, plastic, dye and polish, rubber, insulating material, laundry and plant protection means,
artificial fertilizers, etc.
There is no comprehensive data on all chemical management activities in the Republic of Serbia
therefore most information is anecdotal. An initial register of dangerous substances was prepared
in 2000. There is no national information network (including data bases concerning the
characteristics of chemicals) establishing the links among authorities relevant for specific
components of chemical management.
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4.3.5. Analysis
Strengths
Weaknesses
-
Commitment of environmental institutions - Inadequate implementation of adopted policies,
to environmental protection
strategies and planes.
-
the Action Plan for harmonization of draft
-
Lack of a National Environmental Strategy and River
legislation with the legislation of the EU,
Management Plan
-
The new legislation harmonized with the
-
Poor integration of environmental policy with
EU Directives on environmental Impact
economic and other sectoral policies
Assessment (85/337/EEC), strategic
-
The Water Act is not in compliance with EU water
impact assessment (2001/43/EC), IPPC
legislation
(96/61/EC) and public participation
-
Inefficient environmental enforcement resulting
(2003/35/EC).
from legal gaps and inconsistencies,
-
The institutional system for permitting and - Inconsistencies with respect to responsibilities and
I
assuring compliance with permitting
functioning of relevant bodies organizations in field
N
conditions
of water management
T - Water quality monitoring is in the place
-
Ineffective system of monitoring and reporting. Lack
E - A comparative analysis of BAT
of relevant monitoring criteria and indicators.
implementation costs to the total costs of
R
-
Lack of environmental standards for emission
some enterprises
discharges into aquatic environment
N
-
Lack of Environmental Quality Objectives
A
-
Insufficient institutional capacity, lack of inspection
L
supervision and low level of fines as well as long
court procedures.
-
Lack of goals in industry, inventory of pollution
sources and pollution reduction and programmes.
-
Insufficient information related to pollution sources
and pollution releases into aquatic environment.
-
Weak skills and technical knowledge of decision
makers and operators ( BAT, monitoring, public
involvement)
-
Insufficient treatment of urban and industrial waste
water
-
Obsolete industry technologies and industrial waste
water treatment technologies
Opportunities
Threats
-
Approximation with EU legislative norms
-
Poverty, indebtedness and slow economic growth,
providing for improved quality of the
-
Lack of political will to implement legal
environment
environmental reforms
-
Strong political commitment to implement - Poor implementation of laws, programs and plans
E
legal reforms in environmental protection
-
Slow pace of institutional strengthening
X - Access to EU funds during the pre
-
Insufficient institutional coordination
T
accession process and commitment of
-
Low level of environmental awareness
E
other donors
-
Environmental funds not used for the specified ear-
marked purpose
R - Modernisation and privatisation of industry
-
State's emphasis on water management
N
issues and an integrated approach
A - Capacity to respond to state and national
L
needs to encourage water protection.
-
Increased demand for development of
industry and BAT
-
Enhanced economic competitiveness in
industry
-
Enhanced economic competitiveness
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4.3.6. Road Map for implementation of BAT
The overview of the current situation concerning the overall conditions in the field of environmental
protection in the Republic of Serbia shows considerable progress recently. The main progress has
been achieved regarding transposition of EU legislation into national laws including: the Law on
Environmental Protection, Law on Strategic Environmental Assessment, Law on Environmental
Impact Assessment and Law on Integrated Prevention and Pollution Control.
Implementation of the WFD in Serbia has already begun, since the former state Serbia and
Montenegro signed the Sofia Convention, and became a full member of the ICPDR. On a national
scale, the new Act on Water which would be harmonized with the EU WFD has been prepared and
is in Parliament.
These facts have created the necessary conditions for the implementation of the IPPC Directive
through the implementation of BAT. In spite of that, the SWOT analysis indicates that in addition to
the strengths some weaknesses also exist in this process specifically with respect to: legislation,
the state administration as well as in field of implementation and enforcement.
Responsibilities with respect to water management are divided among different authorities, while
cooperation and contacts are quite limited. This significantly prevents the application of the
integrated management principle in river basins. In many sectors of the economy, one of the most
significant causes of water pollution is inadequate sewerage infrastructure, especially for
wastewater treatment and collection of sewage. Much of the sewerage infrastructure has
deteriorated over recent years due to the lack of maintenance and upgrading (especially, sewage
pumping stations are vulnerable to defects often resulting in nuisance and a public health hazard
due to spilling of raw sewage).
BAT definition, relevant requirements as well as the content of operators' application for the issuing
integrated permits are included in the Act on IPPC, but BAT (BREF) guidelines do not exist in
Serbia. Therefore a BREF database is not available in Serbia. The Act on Environment Protection
appoints the Serbian Environment Protection Agency as responsible institutions to develop the
BREF database; however, work has not started yet.
Knowledge about BAT is very poor at the level of policy makers and also operators' are not well
informed. There are only a few permits which have been issued. Knowledge about BAT has
increased recently via workshops and seminars including those carried out under the DRB UNDP
GEF Industrial Policy Project. The deadline for issuing an integrated permit for all industries is
2015. This creates an opportunity to follow the provisions of the Act on IPPC to develop a
comprehensive plan for ensuring a proper condition for issuing the integrated permits.
The capacity of the competent authorities is very limited; on the central level there are only two
employees at the MSEP who deal with IPPC and at the province level and municipality level there is
no staffs who deal with the IPPC procedure. There are however inspection staff who are familiar
with IPPC requirements.
The National Environmental Strategy, which defines the pollution reduction requirement, is before
the Parliament but the Pollution Reduction Programme and specific reduction and prevention
programs of operators have not been developed.
On the other hand some comparative analysis regarding BAT implementation costs to the total
costs of enterprise are available for the new installations in cement plants, some pharmaceutical
plants and other mainly chemical industries. Also the refineries have prepared some costs analysis.
Nevertheless, all of them are concerned with the high costs to implement the IPPC legislation.
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Recently a dialogue between operators and regulators has been initiated but the results of this
process are still unsatisfactory. The lack of emission limit values is a major problem. The prevailing
standards are based on ambient water quality, which is difficult to monitor and control.
The systematic monitoring of water quality for surface waters is not efficient, while monitoring of
groundwater quality is limited both in terms of time and number of samples. The programme of
systematic monitoring is approved by the government of the Republic of Serbia, and implemented
by the Republic Hydro-Meteorological Institute. There is no system for early warning of industrial
accidents. There are plans of action in the event of pollution due to industrial breakdowns, and the
procurement of relevant equipment is under way (the JVP Srbijavode is in charge of the above
activities).
Over the past decade very little investment was made in the modernization of the existing
sampling and laboratory analysis equipment, especially for analyses of specific parameters.
Obsolete legislative regulations (the existing decree concerning the categorization and classification
of surface water was adopted in 1978) and does not enable fulfil he PRTR requirements.
Work Plan short- term objectives by the end 2008:
Issues related to
Operational tasks
Outputs
Improvement of
-
conduct a detailed legislation gap
- new water legislation in
legislation
analysis of the environmental legislation
compliance with the WFD
particularly water legislation - The Law
- legally binding ELVs and EQS
on Water Management (Official Gazette
46/91, 53/93, 67/93, 48/94 and 54/96)
-
prepare new water legislation including
emission limit values and environmental
quality objectives
State
-
detailed review of state administration
- strengthening of an
administration
and responsibilities including inspection
integrated decision making
-
revision of integrated decision making
process, inspection and
process, inspection and enforcement as
enforcement
an input for improvement of legislation
-
identification of needs including costs
-
propose a new structure and
responsibilities
-
improvement of cooperation with state
organizations and other stakeholders
-
development of dangerous substances
- monitoring programme
monitoring programme and information
focused on compliance with
gathering system
permits and reporting
-
reporting obligation analysis
requirements EPER/ PRTR
Capacity building
-
capacity building needs analysis
- proposal for capacity
building development
Industry pollution
-
inventory of industrial pollution sources in
-
assessment of screening
reduction and
cooperation with operators
results as an input for
-
screening of dangerous substances in waste
monitoring programme
water and receiving water
-
the pollution reduction
-
development of a polluter registers and a
programmes including
specific pollutants register
measures as a contribution
-
development of the pollution reduction
to the Danube Basin
programmes including measures as a
Management Plan and the
contribution to the Danube Basin
Programmes of measures
Management Plan and the Programmes of
measures
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Issues related to
Operational tasks
Outputs
Implementation of
-
development of a detailed work plan for the
-
the national BREFs
BAT
introduction, and implementation of BAT
-
introduce the relevant stakeholders to the
process of integrated environmental
permitting and the use of BAT
-
translation of BREFs and/or proposal for
development of the national BREFs
-
creation of information system regarding
BAT and
dissemination of information and trainings
Work Plan medium term objectives by the end 2015:
Issues related to
Operational tasks
Outputs
Improvement of
-
Implementation of new legislation and
-
Compliance of the
legislation
monitoring
legislation with EU
requirements
State administration
-
Improvement of state administration
-
Functioning state
-
Proposal for permitting of new
administration
developments
Capacity building
-
Proposal for meeting emerging needs
-
Proposal for meeting
emerging needs
Industry pollution
-
Implementation of the pollution
-
Updated pollution reduction
reduction
reduction programmes including
programme and
measures to contribute to the Danube
programme of measures as
Basin Management Plan- updated
an integrated part of the
-
Update the pollution reduction
Danube Basin Management
programme
Plan
Implementation of
-
Monitoring of implemented BAT
-
Proposal on a new national
BAT
-
Revision of the national BREFs
BREFs development
4.3.7. Recommendations
The Republic of Serbia has achieved significant progress in the transposition of the Integrated
Pollution Prevention and Control Directive and has introduced the BAT concept. However, the
improvement of the implementation of these activities is demanding. The Proposed Work Plan for
the implementation of BAT and related issues is focused on particular steps, which would facilitate
this process.
In line with results of the SWOT analysis and the information gathered as an out put of the
UNDPGEF DRB Industrial Training Project Component training workshops it is recommended that
the relevant competent authorities streamline their efforts to implement and enforce the Act on
IPPC with the adoption of the following short term measures:
-
revision and analysis of the Act on IPPC from the point of view of the relevant authorities'
responsibilities for issuing integrated permits, and, as necessary adopt appropriate
measures for institutional arrangements,
-
development of new water legislation which will be in compliance wit the Water Framework
Directive,
-
create an inventory of industrial pollution sources and develop a register as an input for the
development of the pollution reduction programmes,
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-
focus on an analysis of industry sectors related to BAT implementation,
-
develop the national BREFs ,
-
create an information system regarding BAT and BREFs.
-
disseminate information and training focus on BREFs documents,
-
develop a monitoring programme according to the reporting requirements PRTR,
-
develop Pollution Reduction Programmes including measures as a contribution to the
Danube Basin Management Plan and the Programme of Measures.
These recommendations would create the condition for the implementation of long-term objectives
which are in line with the requirements of the Act on IPPC to ensure issuing of integrated permits
by the end of 2015. It also would allow the Serbian authorities to provide the required information
and measures in the field of industrial pollution reduction for the Danube River Basin Management
Plan.
Long-term tasks proposed in Work Plan are generally focused on the implementation and /or
revision of the short-term tasks. This approach will be useful for the gradual implementation of BAT
and as well as for updating of the Danube RBMP in 2015.
4.4. The Republic of Ukraine
4.4.1. Background
Ukraine is the second largest country (total area 603,700 km2) in Europe, with seven neighbouring
countries. Administratively Ukraine is divided into 24 oblasts (regions), two special-status cities,
Kyiv (Kiev) and Sevastopol, and the Autonomous Republic of Crimea. Oblasts are divided into
smaller administrative units rayons (districts). Each oblast and rayon has its own elected Council
of Deputies and a parallel state administration, the heads of which are appointed by the President.
Local councils and city mayors are popularly elected every four years and exercise control over
local budgets, being responsible for their jurisdiction's taxes, schools, roads, utilities, and public
health. A governor appointed by the President leads the state administration in each oblast and
rayon. The governments of the cities of Kyiv and Sevastopol operate independently of oblast
authority and are responsible only to Ukraine's central government. The Autonomous Republic of
Crimea has its own constitution, legislature and Cabinet of Ministers but is prohibited from
implementing policies that would contradict the constitution of Ukraine.
The Ukrainian part of the Danube basin covers 4 oblasts of Ukraine: Zakarpatska, Ivano-Frankivsk,
Chernivtsi and Odessa.
Within Ukraine almost all the rivers drain southward toward the Azov and Black seas; only a few
drain northward into the Baltic Sea Basin.
The Danube River Basin portion of the territory of Ukraine is 32,350 km2, or 5,4% of the total area.
The basins of the Lower Danube (from Reni-city to the Delta) together with the Prut River Basin
and the Tisza River Basin occupy 1,4%, 1,6% and 2,3% respectively. The largest area in relation to
the Danube basin in Ukraine is the Tisza River Basin - 44,6%. Next is Prut - 31%, the Danube
riverbed - 20%, Siret - 6,7%.
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The main water courses of the basin are:
- Danube River and the adjoining lakes (Kahul, Yalpuh, Katlabuh, Kytai);
- Tisza River and its tributaries (Tersva, Tereblya, Rika, Borzhava);
- Latoritsa River;
- Uzh River;
- Prut with its tributary Cheremosh;
- Siret River.
The Danube Delta in the southwest forms part of Ukraine's border with Romania. In addition,
Ukraine has 2,782 kilometres of Black Sea coastline.
Since there is no available information directly related to that of Ukraine which is in the Danube
River Basin the following overview of relevant issues is based upon data at the national level.
4.4.2. Policies, strategies, legislative and institutional framework
4.4.2.1. The institutional framework
The Ministry of Environmental Protection (MEP) has the key role in developing and co-ordinating
the implementation of environmental policies in Ukraine. The following are the main responsibilities
and tasks of the Ministry:
· Formulates and implements state environmental policy
· Develops national environmental programmes and implements uniform research and technology
policy in the area;
· Coordination of the activities of central and local authorities;
· Organizes and carries out ecological expertise;
· Organizes environmental monitoring within its competency;
· Ensures the maintenance of state registers;
· Approves or coordinates environmental rules, requirements, standards, limits and quotas; and
monitors compliance;
· Issues permits, limits, and quotas for the special use of natural resources (except forests), and
emission of pollutants; ensures compliance with permit conditions;
· Issues permits for waste management; assures compliance with conditions;
· Develops user charges and pollution charges;
· Participates in international co-operation.
In performing environmental management the Ministry of Environmental Protection and other
agencies interact with the Parliament (Verkhovna Rada) and in particular with the Committee on
Environmental Policy, Use of Natural Resources and Mitigation of the Consequences of the
Chernobyl Accident. The Committee's principal task, among many others, is to oversee the
development of the environmental policy and regulatory framework, prepare draft laws and
regulations for the consideration of the Parliament and assess implementation, which includes
public consultations and parliamentary hearings. The Committee also devotes significant attention
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to addressing the impacts of the Chernobyl disaster and preventing and managing other
environmental emergency situations.
In late 2005 new plans were considered to restructure the Ministry internally, in particular to
strengthen the departments responsible for communication with the public and mass-media,
strategic planning and economic environmental integration, as well as European integration and
international cooperation.
The central apparatus of the Ministry performs its duties directly and through special authorized
executive bodies. The Ministry supervises the activities of five inspections (environment, forest,
and three sea inspections). The Ministry also oversees the work of three State Services (Geological,
Nature Reserves and Geodesy and Cartography), 5 research institutes and 6 state enterprises.
The structures and responsibilities within the institutional framework (Figure 4.4.2.1) have been
undergoing significant and continuous changes over the last five years. These changes have
particularly affected the key environmental authority: the Ministry of Environmental Protection.
Figure 4.4.2.1.
Structure of the subordinated agencies of the Ministry of Environmental Protection
(2005)
The State Ecological Inspectorate (SEI) under the MEP, with its oblast and rayon offices under the
State Departments for Environmental Protection (SDEP) in the oblasts. There are three special
inspectorates for the environmental protection of the seas: the Azov Sea State Inspection, the
Azov-Black Sea State Inspection and the North West region of the Black Sea State Inspection. In
addition to the State Inspectorate under the MEP there are also independent inspection institutions
for fisheries, land resources, forestry, agriculture, and hunting.
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The national inspectorate bases its work on presidential orders and decisions by the parliament
according to proposals from the Council of Ministers (CM). Their work areas in addition to the usual
tasks can also include other issues like emergencies, epidemics or phasing out of products like
pesticides.
In addition to the units at the national level, the environmental policy is implemented by the offices
of state administration for environmental protection and natural resources in 24 oblasts, the cities
of Kyiv and Sevastopol and of the Republican Committee of the Autonomous Republic of Crimea.
These offices are formally subordinated to the Ministry of Environmental Protection but are also
coordinated with the regional administration. At the lowest level of public administration, every
rayon has at least one environmental inspector.
The oblast inspectorates partly support the ministry inspectors in their inspection work, but the
bulk of their work is based on their own planning. A yearly plan is prepared and submitted to the
oblast administration for approval. The oblast inspectorates are not subordinated to the oblast
administrations but see a value in having agreement from the oblast authorities since the State
Departments for Environmental Protection (SDEP) cooperate on several issues with the oblast
administration. The oblast inspectorates normally make one or two inspections at major pollution
sources per year.
Beside the SEI authority, Ukraine uses so-called "Public Inspectors". The public inspectors are not
paid and work on a voluntary basis together with the SEI inspectors. At present there are roughly
1980 public inspectors of which about 50 work with the national inspectorate at the Ministry. Public
inspectors are nominated by national or regional state authorities and interviewed before getting a
special certificate as a proof of their status. The public inspectors can only make inspections
together with the authorities and need to report on their inspections as well. Inactive public
inspectors can be dismissed.
4.4.2.2. The policy framework
Several strategic documents adopted by the highest authorities of Ukraine acknowledge a broad
range of serious environmental problems faced by Ukraine. Documents, such as the 2004-2015
Strategy of Economic and Social Development of Ukraine "On the Way towards the European
Integration" (2004) and the Action Programme of the Cabinet of Ministers "Towards People" (2005)
provide a basis to individual ministries for developing actions on environmental issues that they
consider as priority. As other government agencies, the Ministry of Environmental Protection have
selected key priorities for its operations in 2005:
·Ensuring environmental safety of nuclear power objects and radiation protection of population and
the environment, minimisation of consequences of the Chernobyl Nuclear Power Plant accident;
· Improving the environmental situation of rivers, especially the Dnepr River Basin, and upgrading
drinking water quality;
· Improving the environmental situation of the Black and the Azov Seas and preventing further
pollution;
· Establishing a balanced system for sustainable use of natural resources and upgrading to
environmentally sounder technologies in industry, power engineering, construction, agriculture,
transport;
· Preserving bio-diversity and landscape diversity, and improving nature protection.
Environmental objectives and targets are also included in the government programme to
implement Ukraine's Millennium Development Goals (MDGs) that relate to the Millennium
Declaration adopted by the UN member states in 2002. In particular, Goal 7 on sustainable
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environmental development contains targets and indicators related to: i) increasing the proportion
of population with access to clean drinking water, ii) reducing harmful emissions into atmosphere
from stationary sources and iii) increasing the area of natural reserves and parks. The
implementation of MDGs is coordinated and monitored by the Secretariat of the President and the
Ministry of Economy. Annual reports on progress with achieving Ukraine's MGDs are produced by
the Ministry of Economy.
Other documents with priorities in the field of environment include those prepared to promote
closer cooperation with the European Union and harmonize the regulatory framework with the EU
"acquis communautaire". These include the Partnership and Co-operation Agreement between
Ukraine and the EU and it's Member States which was ratified in 1994 and entered into force in
1998 for an initial period of ten years. In 2004, as a consequence of the enlargement of the
European Union to nine new countries, a European Neighbourhood Policy (ENP) Action Plan with
Ukraine was developed and endorsed by the Ukraine. This document, along with a set of
implementation measures adopted by the Cabinet of Ministers in 2005, has become the most
important instrument in the relations between the EU and Ukraine. However, environment is not
given high priority in this Action Plan.
The EU-Ukraine European Neighbourhood Policy (ENP) Action Plan sets out a comprehensive set of
priorities in areas (such as Environment) within and beyond the scope of the EU Ukraine
Partnership and Cooperation Agreement. The Commission has prepared in cooperation with the
European Council an "Implementation Tool" to support the implementation of the Action Plan. Such
a tool provides benchmarks for assessing progress and assists Ukraine in reaching realistic and
measurable results on the ground. The ENP Action Plan includes several areas for enhanced
cooperation, transport, energy, information society and environment being regrouped in one of
them altogether.
Currently, there are 300 annual state targeted programmes which are implemented by various
government agencies and serve as tools to implement national strategies. These programmes,
which support the development of environmental policies and regulations, include:
· 11 environmental programmes administered directly by the Ministry of Environmental Protection
They mainly aim at improving air and water quality, developing national nature protection
reserves, and introducing a sustainable development agenda.
· In addition, there are 20 targeted "environmentally-related" programmes that are managed by
other government bodies in cooperation with the Ministry of Environmental Protection.
Nevertheless, at the regional and local level, a number of oblasts, cities and local communities
have prepared strategic documents to guide their environmental protection activities.
4.4.2.3. The legislative framework
The regulatory framework for the protection of the environment is already very comprehensive in
Ukraine. In 2005, the environmental legislation comprised over 200 laws and by-laws. A large
number of laws, President's orders and Government acts were adopted in the period of 1996-2000.
In the last five years some basic environmental legislation has been enacted, including for
example:
· the Act on Animals (2001),
· a new edition of the Act on Air Protection (2001),
· the regulation on the Red Book of Ukraine (2002),
· the Drinking Water and Drinking Water Supply Act (2002),
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· State Control on Use and Protection of Land (2003),
· Land Protection (2003),
· Environmental Audits (2004),
· the Network of Nature Protected Areas (2004).
The Act on Ecological Expertise of 1995 is the basis for a procedure similar to the Environmental
Impact Assessment used in other countries. This Act is applicable to 22 different types of activities
which covers almost everything, except agriculture. With the exception of cattle breeding, there is
no size limitation specified for which an Ecological Expertise is not needed, a major difference with
the EIA EU-Directive. This is causing excessive use of the instrument compared with what is
required in the EU. Whether an Ecological Expertise is needed or not for a specific project or
installation is decided on a case by case basis by the MEP based on an application containing a
declaration of intention. About 6000 environmental expertises are performed every year in Ukraine,
a huge number compared to most EU countries
Some important sectoral legal acts, such as the Water Code and Land have been introduced which
included provisions affecting the environment or influence policies for environmental protection and
management of natural resources.
Following the political decision to harmonize Ukraine's environmental legal framework with that of
the EU, all new drafts of regulations undergo a procedure of verification of their compatibility with
the EU "acquis communautaire". This procedure is coordinated by the Ministry of Justice but a
number of problems are encountered in the Ministry of Environmental Protection in this context.
Information about the EU requirements and their transposition into the national regulations
(through the Ministry of Justice and informal channels) is available, but no special resources,
human or financial, have been allocated to the Ministry of Environmental Protection to ensure the
quality of the harmonization, and working contacts between the Ukrainian and EU experts have
only been sporadic.
An integrated permitting system has not yet been launched. A presidential decree to introduce
integrated permitting consistent with the EU legislation has so far had only limited effect. Also, at
the end of 2005, a new law on a "one-window-permit" was adopted which aims at centralizing the
procedures for getting a permit into a single location, thus greatly facilitating steps for permit
applicants; the law will take effect in October 2006.
4.4.3. Water management
The Ukrainian water management system is fairly complex as main responsibilities for water
management are shared between two government institutions, namely the Ministry of Environment
Protection (MEP) and the State Committee for Water Management (SCWM) that operate
extensively on both national and regional levels. Each of them has numerous functions: MEP is a
regulatory body and is also involved in monitoring, while the oblast branch of SCWM executes
regulatory, hydrochemical and radiological monitoring, development and engineering functions.
The main responsibility for water management lies with SCWM, which is responsible for
construction and maintenance of irrigation, water and flood protection infrastructure, thus acting as
a water utility. It is also responsible for keeping records of state water usage and for the state
water register of surface waters. Records and water register for underground waters is the
responsibility of the State Geological Service.
The quality of waters is a concern for Ukraine. In 2005, national data showed that 2530 % of the
water bodies did not meet sanitary standards. In 2004, 30 % of analysed samples of surface water
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for agricultural use showed contamination by nitrates, and more than 1 % by pesticides. Both
figures are well above permissible norms. In many areas, surface and ground water are also
contaminated by bacteria.
Access to clean water is a priority issue in the Millennium Development Goals for Ukraine.
According to estimates made before the World Summit on Sustainable Development in 2002, 12,5
% of drinking water samples in Ukraine did not meet sanitary standards. Several national strategic
programmes, such as Drinking Water of Ukraine (2005), the Comprehensive Programme on Top-
priority Provisions for Centralized Water Supply in Rural Areas That Utilize Imported Water for
20012005 (and forecast until 2010) and the State Programme on Water Management
Development for 20022010 have been developed to improve the quality and availability of water.
Lack of financing has all but stalled these programmes. During 20012004 only 10 per cent of the
necessary funds were allocated, and none of the planned water supply systems for rural
communities was built. Although total combined industrial and household wastewater discharges
decreased from 9.972 billion m3 in 2000 to 7.734 billion m3 in 2004 [16], the inefficient treatment
of industrial and municipal waste water is causing eutrophication and bacterial and chemical
pollution of the country's main rivers. The sewer network extends for 46,000 km, of which 30,300
km are in cities and urban areas. In rural areas the lack of sewage networks leads to the disposal
of waste water without prior treatment. In urban areas the insufficient capacity and poor technical
condition of treatment plants result in inefficient, inadequate treatment of wastewater.
Overall, industrial waste water is not sufficiently treated before being discharged into surface
waters. In 2004, metallurgy, the biggest wastewater producer, discharged 1,545 million m3 of
waste water. It was followed by the coal industry with 581 million m3 and the chemical and
petrochemical industrial sub sectors with 218 million m3 of discharge. Almost all of the coal
industry's discharges (89% of the total) are either untreated or insufficiently treated, while 70 %
and 60 % of waste water from the metallurgical and petrochemical industries respectively are
untreated or insufficiently treated [16]. Waste water from these industrial processes is typically
contaminated with heavy metals, phenols, oil products and other hazardous substances.
During recent decades, the economic infrastructure of the Zakarpatya area which is in generally
part of the DRB has changed considerably; anthropogenic stress on the river ecosystem has
increased causing water quality deterioration and erosion of river-banks and slopes. The water
quality of the upstream rivers of Zakarpatya remains rather good in general. However, absence of
sewage works and treatment facilities in the majority of settlements and industrial enterprises has
resulted in pollution of several rivers within the Zakarpatya lowland and a water quality not always
meeting actual requirements. Another hazard is caused by erosion as a result of a significant
reduction of the mature forest area.
The environmental permitting, based on the use of Maximum Allowable Concentrations (MACs) of a
large number of pollutants, is unchanged since 1999, with one important exception, the new law on
air protection that came into force in 2001. A new approach is now used for air pollution in existing
and new installations. Conditions in the air permits are no longer based on MACs in ambient air but
on technology-based emission standards. The former system caused problems when applied in
areas with several pollution sources, since the former system calculated the allowed emissions
from each source, based on the MACs and mathematical models.
In Ukraine, a permit is only valid for three years, which is considered too short by the SDEPs. This
means that the SDEPs need to start the discussion on the conditions for the next permit with an
industry soon after the previous one has been issued. This is the case even if no changes have
been made at the industrial facility. The SDEP consider this as overly bureaucratic and would prefer
longer permitting periods. That would allow them to use their resources for improving the situation
at the major pollution sources and in those industries where new investments are made or
planned.
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Ukraine still has no emission standards for water, only a large number of ambient standards (MAC),
while a limited number of water quality standards are used in the EU as well as some discharge
standards. But the BAT-based requirements in the IPPC Directive and provisions in the Water
Framework Directive, like the requirement to eliminate priority hazardous substances are
preponderant for the resulting discharges.
Therefore a direct comparison between EU and Ukrainian emissions standards is therefore neither
possible nor appropriate for the time being. Introduction of the integrated permitting system will
bring serious changes in the Ukrainian approach.
Water quality monitoring is carried out by Hydromet at 240 points at 374 gauges in 151 water
bodies. Since 1999 this network has expanded by 25 observation points and 14 water bodies.
Today hydrobiological observations are conducted at 82 points at 159 gauges in 39 water bodies.
Both networks provide data on a total of 46 parameters and help to assess chemical composition,
biogenic parameters, and the presence of suspended and organic matter, main pollutants, heavy
metals and pesticides. Samples are taken manually 4 to 12 times a year. Chronic water toxicity is
monitored in 13 water bodies.
Hydromet also monitors transboundary water pollution at 15 points at 29 gauges. Although the
numbers of observation points conform to the applicable water monitoring regulations, the
monitoring network needs to be reviewed and updated. Today the observation points are located
only on big rivers, large reservoirs and lakes near key urban areas. Diffuse pollution of surface
waters is not monitored. There is no single background observation point on inland waters in
Ukraine. The SEI has increased the number of monitored gauges in water bodies by 99 since 2000.
Today it takes sporadic water samples at 2,159 gauges. Over the same period the number of
measured parameters has increased from 56 to 60.
There are other institutions involved in surface inland water monitoring. For instance, the State
Committee for Water Management monitors water supply sources, transboundary watercourses
and water abstraction by nuclear power plants. The Ministry of Health monitors sources of drinking
water supply and recreational water sites along rivers and reservoirs.
The MEP developed and implemented recommendations on comparability of water monitoring data
(2002). However there is no harmonized methodology for use by all institutions involved in surface
water monitoring. Each governmental body uses its own software and databases. As a result, the
monitoring data are distributed among various sources, disintegrated and not comparable.
Ukraine has expanded cooperation with its neighbours on monitoring of water quality in
transboundary waters. With Romania it takes joint water samples from the Prut and Syrets rivers
and exchanges bulletins concerning their water quality. Ukraine and Hungary take yearly joint
water samples at 4 boundary gauges along the Tisza River. The two riparian States also exchange
data on the results of another 20 samples that are taken individually.
The trend in groundwater monitoring has been towards a decrease in the number of observation
sites from 1,400 in 1996 to 1,148 in 2005. The network has been optimized since 2002 and
today is operated by 17 field missions and 8 state (regional) enterprises, all subordinated to the
State Geological Service, as well as by 25 oblast administrations and by enterprises pumping
groundwater for specific uses. Groundwater monitoring sites are primarily intended to assess
groundwater levels (availability) and natural geochemistry.
Chemical parameters (22 in total) are measured manually once or twice a year, instead of
quarterly as required by national monitoring regulations. There is generally no monitoring of
anthropogenic impacts on groundwater. Occasional monitoring is done of levels of heavy metals
and pesticides. The sanitary and epidemiological service of the Ministry of Health performs
chemical analyses of groundwater intended for drinking water.
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4.4.4. Industry
Industrial restructuring has been delayed by the slow pace of market reforms. The country's main
challenge has been to diversify from many of the industries that relied on government subsidies,
are big environmental polluters and became even less viable after traditional export markets
collapsed. Privatization and foreign investment have proceeded more slowly in Ukraine than in CEE
countries. Major industrialized zones of the country are also environmental "hot spots" not only due
to the past and current pollution of air, soils, surface and ground waters, but also because of the
risk of industrial accidents. In addition, impact is caused by production and processing of metals,
mining and chemical industries. The most polluted oblasts are Donetsk, Dnipropetrovsk, Zaporizhia
and Luhansk. Mariupol and Kiev are the country's most polluted cities.
Total waste water discharges (industrial and household) in Ukraine have decreased during the past
7 years. However, industrial processes still result in high levels of waste water discharges. Often
waste water is not sufficiently treated before discharge. Discharges of toxic chemicals from
industrial processes and accidents, and sludge from waste water treatment plants, often
contaminated with heavy metals, phenols, oil products and other hazardous substances, directly
impact on the quality of surface water.
The main industrial sectors of the Ukrainian part of the Danube River Basin include forestry and
wood working industry (production of furniture, sawn timber), wood-chemical industry (wood
working products), food industry (production of wine, brandy, canned fruit and vegetables),
machine building (metal-cutting instruments, electric engines, pipeline valves, etc.), production of
building materials (crushed rock, facing materials), light industry (footwear, hats, ready-made
garments, and knitwear).
The largest enterprises of the Zakarpatya oblast are as follows:
· In the food industry: agro-industrial integrated plant "Uzhgorodskyi", CSC "Gelios", OSC
"Svalyava Mineral Waters", rental enterprise "Uzhgorod Cognac Plant", small private enterprise
"Alex", "Vital-Plus Ltd.", etc.;
· in forestry and wood working: CSC "Mukachiv Forest Integrated Plant", SC "Victoria", CSC
"Dovhe Forest Integrated Plant", CSC "Mukachiv Furniture Integrated Plant", CSC "Rakhiv
Cardboard Factory", CSC "Yasinia Forest Integrated Plants", CSC "Volovets Forest Integrated
Plants", SC "Firm Yavirnyk", etc.;
· in machine building and metal working: Uzhgorod State Production and Trade Enterprise
"Turbogaz", Zakarpattya Helicopter Production Association, OSC "Irshava Abrasive Plant", OSC
"Valve Plant", OSC "Beregove Research and Experimental Plant of Diagnostic and Garage
Equipment", OSC "Uzhgorod Plant "Electrodvygun" (Electric Motor), plant "Tochprylad", OSC
"Mukachiv Plant of Complete Laboratories".
Emissions monitoring and reporting is mandatory for big polluting installations, which are required
to monitor their air emissions and water discharges. A series of by-laws are in place to that end,
but the specific requirements, such as monitoring frequency, are decided on a case-by-case basis.
As a part of the permitting process, emissions are regularly monitored by the industries themselves
and sporadically checked by an independent accredited laboratory. The industry labs that perform
the regular monitoring also need to be accredited. But the industries also have an option to use
independent laboratories for regular monitoring. Monitoring performed by industries is limited to a
few parameters and most of the time analyzed with old classical methods not allowing for
immediate results, even when they are ISO 14000 certified. More sophisticated analysis is made by
UNDP/GEF DANUBE REGIONAL PROJECT
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external accredited laboratories. The use of continuous on-line monitoring is not common in
Ukraine, even at large power plants; by comparison, it is compulsory in the EU.
A normal frequency for emission reporting to the authorities is through monthly and annual
reports. These reports are the basis for payment of the emission charges within the established
limits.
Smaller industries are normally not required to monitor their emissions. Reporting of their
emissions is based on the use of emission factors calculations.
In Ukraine, only a limited number of industries perform monitoring of environmental quality in the
surroundings. Ambient environmental monitoring by industries is voluntary and often linked to ISO
14000 certification.
Environmental Management Standards (EMS) has been introduced in Ukraine. The following
standards have been approved by the Ukrainian parliament as Ukrainian standards (DSTU): ISO
14001-97, ISO 14004-97, ISO 14010- 97, ISO 14011-97, ISO 14012-97. At present about 20
experts have been certified to issue ISO 14001 certificates. As of October 2005, nine industries or
installations have been certified as part of a Tacis project by foreign experts. There has been a
steady increase in the number of certificates issued by national experts (10 in 2003, 16 in 2004,
and 21 by 1 October 2005) [16]. Companies in the gas and oil, pharmaceutical, mining,
metallurgical, and textile industries are among those that have received certificates. Other
companies that have been certified include a wine producer, poultry farms, and an international
airport. Companies find it costly to get an ISO certificate and consider it as a problem. The
Institute on Quality Management for ISO 14000 has been created to promote certification
RAMBOLL & EKOPEN
Industrial Policy Project - Report on the Road Maps for Implementation of BAT
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4.4.5. The SWOT Analysis
Strengths
Weaknesses
-
The EU-Ukraine European Neighbourhood Policy
-
Inadequate implementation of adopted
(ENP) Action Plan
policies, strategies and planes.
-
The government programme to implement
-
The environmental legislation in field of
Ukraine's Millennium Development Goals
integrated water management is not in
-
The Action Programme of the Cabinet of Ministers
compliance with EU legislation
"Towards People" (2005)
-
Lack of legislation concerning Integrated
-
The Environmental programmes administered
Prevention and Control including BAT
directly by the Ministry of Environmental
requirements, permitting authority and
Protection
inspection.
-
The regulatory legislative framework for the
-
An unclear division of responsibilities between
I
protection of the environment
specialized ministerial authorities and
N
-
A presidential decree to introduce integrated
institutions
T
permitting consistent with the EU legislation
-
Lack of environmental standards for emission
E
-
a new law on a "one-window-permit"
discharges into aquatic environment
R
-
The institutional system for permitting and
-
Lack of Environmental Quality Objectives
N
assuring compliance with permitting conditions
-
Insufficient and state administration.
A
(through inspection)
-
Lack of goals in the field of industry, inventory
L
-
Water quality monitoring is in the place
of pollution sources and pollution reduction
.
and programmes.
-
Insufficient information related to pollution
sources and pollution releases into aquatic
environment.
-
Weak skills and technical knowledge of
decision makers and operators ( BAT,
monitoring, public involvement)
-
Insufficient treatment of urban and industrial
waste water
-
Obsolete waste water treatment technologies
-
Obsolete industry technologies
Opportunities
Threats
-
State's emphasis on water management issues
-
The lack of State institutions to handle
and an integrated approach
integrated water management
-
The EU-Ukraine European Neighbourhood Policy
-
Difficulties in field of obtaining a financial and
(ENP) Action Plan is implemented
technical assistance to improve water
-
Implementation of the Government programme
management and monitor international
to implement Ukraine's Millennium Development
procedures or standards.
Goals
-
Lack of financial sources for improvement of
-
Fulfilment of the Action Programme of the
situation in Industry development
E
Cabinet of Ministers "Towards People" (2005)
-
X
objectives.
T
-
It is expected that the IPPC regulations will
E
enhance surface water quality.
R
-
Value market places on challenging programs
N
supports enhancing quality industrial technologies
A
-
Capacity to respond to state and national needs
L
to encourage water protection.
-
Increased demand for development of industry
and BAT
-
The international technical assistance and
investments in field of implementation of IPPC
approached
-
An International Development Fund grant has
been secured for preparing a legal framework for
integrated permitting
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4.4.6. Road Map for implementation of BAT
The current regulatory framework in Ukraine has been developed over the last 10 years. Such an
extensive period of law development has resulted in a system that has become complicated to
interpret, internally inconsistent and incompatible, and therefore difficult to follow and enforce.
There are several examples of contradictions between existing laws and regulations, for example
between the Land Code and the Water and Forestry Codes over the status of the protected zones
along rivers or around forests. The recent accumulation of contradictions and the complexity of
environmental legislation have stimulated discussions about "codification" of the environmental
law. This has, in particular, taken place in light of the discussions about harmonization of the
Ukrainian laws and regulative by-laws with the European legislation. Various drafts of an
Environmental Code have been developed in parallel by different informal groups with no
significant progress as these groups are working in isolation from each other with no exchange of
information and consensus building. An additional obstacle to the possible codification of
environmental laws is the lack of deeper analysis of the effectiveness and efficiency of existing
regulations, administrative and compliance costs and impacts, as well as possible regulatory gaps
or inconsistencies. To date no Regulatory Impact Analysis which is applied in a number of the CP to
the CDRP has been carried out in the field of environmental regulations. If introduced, such a
procedure could better identify priorities for changing existing requirements and could provide
directions for the codification work.
The presidential decree to introduce integrated permitting consistent with the EU legislation has
been adopted; however, it has so far had only limited effect. Also, at the end of 2005, a new law
on a "one-window-permit" was adopted which aims at centralizing the procedures for getting a
permit into a single location, thus greatly facilitating steps for permit applicants; the law will take
effect in October 2006. In spite of these steps which should lead towards implementation of the
IPPC, implementation of BAT approach is unsatisfactory and there is very limited information
available concerning BREFs documents.
Enforcement tools and compliance assistance and promotion tools need to be interrelated. The
Ukrainian system is especially weak on compliance assistance and promotion. A proactive approach
including information campaigns, seminars and training activities to inform the regulated
community on new laws or new developments is rarely used by the Ministry of Environmental
Protection. Laws are rather considered as instruments that local authorities can use at their own
convenience similarly, the charges on emissions and discharges within the established emissions
are issued on a discretionary basis. However, most stakeholders consider that those charges are
too low to influence the behaviour of polluters in any case.
The inspectors have at their disposal different legislative tools to enforce the regulations, such as
sending a notice to a company to limit, suspend or cease its operations. In practice, harder tools
like suspend or cease operations can be used. However, the use of economic instruments as
sanction is generally preferred. An inspector who sends a notice to a company in violation of the
laws will, at the same time, charge for the excessive emissions as a sanction. Above limits, the
charge is 5 times the normal rate for emissions within established limits (Decree N°303, CM, 1999)
In addition, a fine for compensation of the damage has to be paid to the city/municipality where
the company is registered, which is not always the municipality affected. The damage
compensation instrument is complicated to use since it is based on a large number of factors as
type of emission, type of area affected, size of the area, duration of the violation, period of
violation, (holidays or workdays), etc. If a company pleads guilty and agrees to the sum calculated
by the authorities, it just pays; if not a court decision is made, which may be appealed.
Some initial actions in direction of the IPPC approach have been taken through a small grant from
the World Bank in 2003 to test the idea of integrated permitting, by preparing integrated permit
RAMBOLL & EKOPEN
Industrial Policy Project - Report on the Road Maps for Implementation of BAT
page 73
applications and permits, and further efforts are under way. In 2004, a study by the Organisation
for Economic Co-operation and Development (OECD), prepared and discussed with Ukraine,
proposed sectors and installation types to be covered by the integrated permitting system. An
International Development Fund grant as been secured for preparing the legal framework for
integrated permitting. The project is split into sub-components which will be launched in 2005-
2006. The World Bank sub-component is named Reform of legal framework and enhancing
institutional capacity for environmental permitting in Ukraine. Sweden will perform and support
several pilot projects resulting in integrated permits. Many stakeholders such as SDEPs, the
Ukrainian League of Industrialists and Entrepreneurs, individual industries, and members of
National Academy of Science have a positive attitude toward integrated permitting.
Despite some improvements Ukraine still faces considerable barriers in developing its industry in a
sustainable way. Progress in crucial structural reforms remains slow and many industrial sectors,
such as coal mining, are in poor shape. Progress in the implementation of strategies and
programmes regarding industrial development are slow. Furthermore, integration of environmental
sustainability issues into industrial policy is lacking. A law for environmental insurance exists for
high risk installations that should be enlarged to cover all industrial activities posing potential risks
to the environment.
Emissions monitoring and reporting is mandatory for large polluting installations, which are
required to monitor their air emissions and water discharges. A series of by-laws are in place to
that end, but the specific requirements, such as monitoring frequency, are decided on a case-by-
case basis.
Work Plan short- term objectives by the end 2008:
Issues related to
Operational tasks
Outputs
Improvement of
-
conduct a detailed legislation gap analysis
-
draft of legislation in
legislation
of the environmental legislation
compliance with EU
particularly water legislation
requirements (the WFD and the
-
prepare a draft of a new or updated
IPPC Directive) as base for it
legislation aiming at the transposition of
further adoption
the IPPC Directive
-
draft of legally binding ELVs
-
develop emission limit values
and EQS
State administration -
detailed review of state administration
-
a new effective organizational
and responsibilities including inspection
structure and clearly defined
-
identification of needs including costs
responsibilities
-
propose if necessary a new structure and
-
emission and product controls
responsibilities
and the application of the
-
improvement of cooperation with state
"combined approach": BAT or
organizations and other stakeholders
relevant emission limit values
-
develop of an integrated decision making
for control of point sources
process including inspection and
enforcement
-
monitoring and gathering information and
-
monitoring programme focused
analysis
on compliance with permits
-
reporting requirements
and reporting requirements
EPER/PRTR
Capacity building
-
capacity building needs analysis
- proposal for capacity building
development
Industry pollution
-
inventory of industrial pollution sources in
- assessment of screening results
reduction and
cooperation with operators
as an input for monitoring
-
screening of dangerous substances in
programme
waste water and receiving water
- the pollution reduction
UNDP/GEF DANUBE REGIONAL PROJECT
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-
propose monitoring programme according
programmes including measures
to reporting requirements - PRTR
as a contribution to the Danube
-
development of polluter register
Basin Management Plan and the
-
Programmes of measures
Implementation of
-
Introduce the relevant stakeholders to the - the national BREFs
BAT
process of integrated environmental
permitting and the use of BAT
-
analysis of industry sectors from the
point of view of BAT implementation
-
translation of BREFs and/or proposal for
preparation national BREFs
-
develop national BREFs
-
creation of information system regarding
BAT and BREFs
-
dissemination of information and training
focus on BREFs documents
Work Plan medium - term objectives by the end 2015:
Issues related to
Operational tasks
Outputs
Improvement of
-
Adoption and Implementation of new
-
Compliance of the legislation
legislation
legislation and monitoring
with EU requirements
State administration -
Improvement of state administration
-
Functioning state
-
Proposal for new developments
administration
Capacity building
-
Implementation of capacity building
-
Proposal for meeting emerging
strengthening
needs
Industry pollution
-
Implementation of the pollution reduction
-
Updated pollution reduction
reduction
programmes including measures to
programme and programme of
contribute to the Danube Basin
measures as an integrated part
Management Plan- updated
of the Danube Basin
-
Update the pollution reduction programme
Management Plan
4.4.7. Recommendations
The proposed work plan provides the Ministry of Environment of Ukraine with the following key
IPPC and BAT implementation and enforcement aspects:
· Improvement of legislation - transposition of IPPC Directive;
· permitting process and emission/discharge limits;
· Best Available Techniques implementation;
· mitigation of existing environmental problems
· institutional arrangements;
· monitoring of compliance and enforcement;
· likely effects of IPPC on national energy policy/strategy
The following steps are recommended:
o Analyze the organisation of the inspection services and review the legal framework with the
objective to increase effectiveness and efficiency of the inspection services and clarify and
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Industrial Policy Project - Report on the Road Maps for Implementation of BAT
page 75
avoid overlapping responsibilities. Based on the results of this analysis, the structure of the
State inspections for environmental protection should be streamlined.
o The Law on Environmental Expertise should be revised with the objective to introduce
reasonable threshold for mandatory requirements of an EE and exclude its application to minor
environmental issues. A Committee with representatives of the Ministry, its regional offices and
local authorities should be given the task to revise the law and propose reasonable threshold
values for the regulated industrial activities. A reference group of relevant stakeholders should
be created to provide advice to the Committee.
o The Law on Environmental Audits should be changed so that decisions based on the results
of the audit are taken by the authorities, on an appropriate level, in a transparent process
allowing for stakeholder involvement.
o The MEP should take the lead to introduce an integrated permitting regime based on the
use of BAT and case-by-case considerations similar to the EU IPPC-directive for the major
pollution sources. For minor sources, simplified permits, based to a large extent on general
binding rules or technical standards, should be considered. Regional offices of MEP, local
authorities, industry and NGOs should be involved as well as relevant Ministries. MEP should
welcome international assistance, support and experiences of such issues.
Above out lined recommendations should included following activities:
-
Development of a polluter register,
-
Analysis of industry sectors from the point of view of BAT implementation
-
Establish emission limit values,
-
Development of national BREFs
-
Creation of an information system regarding BAT and BREFs
-
Dissemination of information and training focussing on BREFs documents
-
Monitoring programme according to reporting requirements PRTR,
-
Development of the pollution reduction programmes including measures as a
contribution to the Danube Basin Management Plan.
In identifying BAT, existing know-how in European Member States should be taken into account
but, crucially, full account of the Ukraine situation should be also accommodated. For example,
what may be considered as BAT in the MS may be neither available nor affordable in Ukraine.
Current techniques deployed in the Ukraine industry sector and current levels of environmental
performance, particularly in relation to existing emission standards, should be reviewed. The
outcome of this review should then be compared with those techniques defined as BAT in the EU.
The monitoring of releases of pollutants is generally a key element of regulatory control which
provides data to demonstrate compliance with permitted limits or evidence of failure of pollution
control. Limits set within environmental permits should be:
· Consistent - for credibility the approaches used to determine limits should be consistent
and reflect current best practice
· Applicable - the approaches to limit setting should take into account the characteristics of
the process being regulated, the available monitoring techniques and applicable Directive
requirements and the extent to which the improvements are affordable.
· Enforceable there is no point in having limit values that cannot be enforced.
UNDP/GEF DANUBE REGIONAL PROJECT
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It is necessary before setting of emission limit values to carry out an inventory of industry pollution
sources and to check monitoring of the quality of surface water as well as content of dangerous
substances in relevant discharged industrial waste waters.
Consequently, when specifying a limit the methods of measurement used to determine compliance
must be: clearly understood; reflect current best practice and the inherent uncertainties in the
measurement and data handling methods should be quantified and taken into account. Compliance
monitoring programmes must also be designed to take full account of affordability.
The approach in Ukraine has to be compared with the requirements for monitoring and
enforcement set out in Council Decision 2000/479 on the implementation of a European Pollutant
Emission Register and the relevant guidance prepared by the Commission services.
An integral part of proposed Work Plan is the development and consequent implementation of the
Reduction Pollution Programme which will contain measures focused on particular steps related to
its implementation according to short and long- term objectives.
These measures will help Ukraine to fulfil obligations to the ICPDR concerning preparation of the
Danube Basin Management Plan and the Programmes of measures.
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Industrial Policy Project - Report on the Road Maps for Implementation of BAT
page 77
5. CONCLUDING
RECOMMENDATIONS
The Road Maps and Work Plans provide an overall strategy and guidance on how to address the
implementation of BAT in the targeted countries Bosnia &Herzegovina, Moldova, Serbia and
Ukraine.
The objective of each Road Map is to identify the different steps toward the implementation of BAT
in the country. It is an output-oriented description of the overall process which gives details
regarding intermediate results. The Road Map is used to plot the necessary milestones and
timelines along with actions to move the water protection and reduction of industrial pollution
forward through the application of BAT. This approach creates opportunities for non accession
countries as a way to drive and structure the planning process with respect to BAT implementation.
It allows them to identify the most important steps to improve environmental protection to
execute the tasks regarding the implementation of the DRBC, create more favourable condition for
investments in industry, and at the same time move closer to EU accession requirements.
The information and analysis regarding the current status of legislation, administration
arrangements and enforcement which has been undertaken for each country during project
implementation refer to these basic considerations putting the implementation of BAT in the
context of the implementation of the DRBC.
Having said that the policy and institutional setting is unique to each country and therefore while
each of the four road maps have had similarities, particularly in the external environment, for
example, the influence of the EU WFD, they also reflected the individual circumstances of each of
the countries.
In BA and Serbia the IPPC Directive has been transposed into national legislation and the BAT
concept is in place. However further implementation of the integrated permission process including
BAT reference documents still require improvement including additional capacity building.
On the other hand Moldova and Ukraine still need to adopt new legislation which will ensure the
further implementation of the integrated approach related to industrial pollution reduction and the
introduction and implementation of the BAT concept.
Common problems in targeted counties are the insufficient level of information concerning
discharges of dangerous substances and the lack of legally binding emission level values. Therefore
comprehensive surveys of all discharges of substances regulated by the IPPC Directive should be
undertaken as the first step.
The Road Maps reflect the existing situation in the countries and the Work Plans contain the
recommended steps which would allow the countries to achieve the necessary conditions for BAT
implementation including legislation, administration and enforcement.
Therefore, in addition to the adoption of legislation it is recommended that each country legislation
take the following steps:
-
Development of a polluter and pollutant register,
-
Analysis of industry sectors from the point of view of BAT implementation
-
Set up emission limit values,
-
Development of national BREFs
-
Creation of an information system regarding BAT and BREFs
-
Dissemination of information and training focussing on BREFs documents
UNDP/GEF DANUBE REGIONAL PROJECT
page 78
-
Monitoring the programme according to the reporting requirements EPR/ PRTR,
-
Development of the pollution reduction programmes including measures as a
contribution to the Danube Basin Management Plan and the Programmes of Measures
Existing know-how in other European Member States should be taken into account in the
implementation of BAT; however full recognition of the unique situation in each of the countries
should is critical to the successful implementation of BAT. For each country the current techniques
deployed in each industry sector and current levels of environmental performance, particularly in
relation to existing emission standards, should be reviewed. The outcomes of this review should
then be compared with those techniques defined as BAT in the EU, according to guidance and BAT
reference documents (BREF Notes) provided by the European IPPC Bureau
The monitoring of release of pollutants is a key element of regulatory control which provides data
to demonstrate compliance with permitted limits or evidence of the failure of pollution control
methods.
It is recommended that before setting emission limit values an inventory of industry pollution
sources should be carried out. In addition, the content of dangerous substances in relevant
discharged industrial waste waters should be checked and surface water quality should be
monitored.
When specifying a limit the methods of measurement used to determine compliance must be:
clearly understood; reflect current best practice. Any inherent uncertainties in the measurement
and data handling methods should be quantified and taken into account. Compliance monitoring
programmes must also be designed to take full account of affordability and should be compared
with the requirements for monitoring and enforcement set out in Council Decision 2000/479 on the
implementation of a European Pollutant Emission Register.
An integral part of the proposed Work Plan is the development and subsequent implementation of
the Reduction Pollution Programme which will contain measures focused on particular steps related
to implementation. These measures are necessary to meet the short and medium- term objectives
as required by the DRBC.
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Industrial Policy Project - Report on the Road Maps for Implementation of BAT
page 79
6. REFERENCES
·
DG Environment, the European IPPC Bureau: The workshop report on "The Economic
Consequences of Integrated Pollution Prevention and Control Directive" (Brussels, 2002).
·
Enterprise DG, European Commission: The Impact of BAT on the Competitiveness of
European Industry. Institute of Prospective Technological Studies (2002)
Bosnia and Herzegovina
1. LIFE/TCY 01/BiH/043- Layman report Capacity Building in CP in BA"(2006)
2. European Commission. External Relations Directorate General. Bosnia and Herzegovina.
Country Strategy Paper 2002-2006.
3. Economic Commission for Europe. Committee on Environmental Policy. Environmental
Performance Reviews Bosnia and Herzegovina. United Nation, New York and Geneva 2004
4. Capacity Building in Cleaner Production in BA, a-2005 (CESD)
5. World Bank, Robert McNamara Fellowship Program, 2001 (CESD): Case study on
introduction of cleaner production in small slaughterhouse industry in Semizovac (BA),
6. EC LIFE Third Countries Project, 2001-2004 (HEIS) Strengthening of diffuse source
pollution control I the Federation of Bosnia and Herzegovina
7. Capacity building for implementation of environmental management system (EMS) based
on ISO 14001
8. LIFE Third Countries Project, 2006-2008 (HEIS) Capacity building in Integrated Pollution
Prevention and Control in BA. Report on current status of integrated environmental
permitting in BA.
Moldova
9. UN ECE Technical Assistance with Implementation of the IPPC Directive in the Power
Generation Sector of Moldova
10. Economic Commission for Europe. Committee on Environmental Policy. Environmental
Performance Reviews Moldova. United Nation, New York and Geneva 2005
11. EC the Moldova Country Strategic Paper 2002 2006. National Indicative Programme
2002-2003.
UNDP/GEF DANUBE REGIONAL PROJECT
page 80
Serbia
12. Economic Commission for Europe. Committee on Environmental Policy. Environmental
Performance Reviews Serbia Montenegro. United Nation, New York and Geneva 2005
13. Ministry for Science and Environment : National Environmental Strategy, 2nd Draft October
2005
14. Ministry of International Economic Relations: Strategy for encouraging and developing
foreign investments (Belgrade, March 2006),
Ukraine
15. Economic Commission for Europe. Committee on Environmental Policy. Environmental
Performance Reviews Ukraine. United Nation, Draft 2006,
16. Food and Agriculture Organization of the UN: Seminar on Integrated Water Management in
the Tisza River Basin, Final Report 2003
RAMBOLL & EKOPEN
Industrial Reforms and Policies - Final Report Annexes
page 1
ANNEX 3
TRAINING DOCUMENTATION
SERBIA
IPPC TRAINING WORKSHOP
Date: March 1 - 2, 2006 and March 15 16 2006
Place: Ministry of Science and Environment protection
Two training workshops were delivered in Serbia. The local consulting company FIDECO, hired after
approval of the Head of CS delegation, proved to be an excellent local partner for both sessions.
The first training workshop took place in Belgrade - March 1 - 2, 2006.
The topics of the workshop included:
-
Introduction to IPPC basic concepts
-
IPPC process Legislative framework in Serbia and the EU
-
Examples from EU Countries
-
The WFD (priority substances) and the Dangerous Substances Directive
-
Permit content and form - examples of permits
- BAT-
concept
-
Content and limitations of BREFs
There were 22 participants from the following organizations:
1.
Environmental
Directorate
11
2.
Water
Directorate
1
3. Regional Environmental Secretariat
2
4. Belgrade Environmental Secretariat
3
5. EPA
1
6. Faculty of Machine Engineering
1
7.
Cement
factory
2
8. Oil refinery
1
There were three trainers supported by three local consultants. The evaluation at the conclusion of
the seminar showed that participants found the objectives spelled out in the beginning of the
workshop were clear, and that they were fully met during the seminar.
The second seminar, which was built upon the success of the first was geared to more detail
tailored to specific Serbian industrial sectors, also took place in Belgrade on March 15 16, 2006.
UNDP/GEF DANUBE REGIONAL PROJECT
ANNEX
page 2
The topics of the second training workshop included:
-
Emission limit values EU/Serbian/Slovak for air, water, noise, vibrations, odour
-
Practical exercise modelling in the air sector using the Slovak software MODIM (US EPA
based) and emission data from Serbian installations
-
Case work: Cement manufacture installation
-
Monitoring and Reporting; Legislation requirements and guidance.
There were 20 participants present and the structure form the following organizations:
1.
Environmental
Directorate
11
3. Regional Environmental Secretariat
2
4. Belgrade Environmental Secretariat
2
5. EPA
1
6. Faculty of Machine Engineering
1
7.
Cement
factory
3
Conclusions and Participant Evaluations from the Training Workshops
Overall the quality of the workshop based upon participants evaluation has ranged from good to
excellent. It is important to stress that prior to this project a number of workshops of IPPC had
been held in Serbia, but mainly dealing with new IPPC Act in a descriptive way. This was the first
workshop on IPPC where it was possible to learn from practical issues and discuss the
implementation both from the side of industry and the permitting body. As the result there was a
high level of participation and the training methods and were rated as appropriate to very
appropriate, with the manual being rated as very good to excellent.
The applicability of the workshop was generally evaluated as applicable or very applicable. Some
participants (5) considered the workshop too short; while the majority (14) thought it was just
about right.
The most valuable part of the workshop was experience in using BREFs and BATs followed by the
practical case studies and preparation of the application.
The general atmosphere of both of the training workshops was very positive, with active
participation, but not consistent among all participants. Discussions were livelier among the
participants then between the participants and trainers. It was obvious that there was need for
more frequent meetings between the permitting authority and industry representatives.
Discussions during second training workshop were much more focused on practical issues, when
compared to the first workshop.
The main result of the discussion is reflected in the need for the laws and by-laws, and in
conclusion that more training is needed, focused on specific industries, and capacities of permitting
bodies.
The final training workshop agenda and list of participants are enclosed with this report (Annex 3).
RAMBOLL & EKOPEN
Industrial Reforms and Policies - Final Report Annexes
page 3
Summary of the Training Workshops presentations
The following presentations were made at the workshops:
-
Industrial Reform and Development of Policies & Legislation for Application of BAT towards
Reduction of Nutrients & Dangerous.
-
Introduction to the UNDP- GEF Danube Regional Project RP and objectives and activities
other Industry Policy Project.
-
Introduction to IPPC basic notions - integrated approach, BAT, dialogue between permitting
authority and operators, public participation.
Introduction to IPPC basic notions - integrated approach, BAT, dialogue between
permitting authority and operators, public participation
Environmental regulation in many countries in the EU as well as in Central and Eastern Europe,
originally dealt with the different environmental media (air, water and land) under distinct sets of
rules, enforced by separate regulators. This meant that industries barred from releasing hazardous
pollutants into one environmental medium (such as water in the nearest river) might be able to
divert them into another medium where perhaps less stringent rules applied (for example to the air
by burning or to the land by burying them). Under this approach there was no means of ensuring
that industry acted in a way that caused the least possible harm to the environment as a whole.
In an attempt to better co-ordinate the control of industrial pollution, the EU Member States in
1996 adopted the Integrated Pollution Prevention and Control (IPPC) Directive. The IPPC Directive
offers a single approach, where the underlying principle is that all potential environmental impacts
from an organisation's industrial operations will be reviewed at the same time and reduction and
control strategies will be implemented to reduce the overall burden on the environment.
The IPPC Directive covers installations where one or more of the following categories of activities
are carried out:
1.
Energy industries e.g. power stations, oil and gas refineries
2.
Production and processing of metals ferrous and non-ferrous
3.
Mineral industry e.g. cement works, glass works
4.
Chemical industry organic, inorganic, pharmaceuticals
5.
Waste management e.g. landfill sites, incinerators
6.
Other activities such as paper and pulp manufacture, fabric treatment and tanning
plants, slaughterhouses, food and milk processing and treatment installations,
intensive livestock rearing units and installations handling organic solvents.
The aim of the IPPC Directive is to achieve a high level of protection for the environment as a
whole. The Directive sets out to achieve this by better co-ordinating the process of environmental
permitting. Whereas in the past, controls were only made on certain substances at industrial
operations, or on certain environmental mediums such as water use, IPPC has integrated these
control activities into one process covered by a single permit.
Thus operators are required to show that they will run their installations in a way that prevents
emissions to the air, land, water or, where that is not practicable, reduces them to a minimum. In
doing this, operators must apply the following principles:
·
use Best Available Techniques to minimise and recycle emissions and waste and
conserve
energy,
UNDP/GEF DANUBE REGIONAL PROJECT
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·
prevent accidents and limit their environmental consequences,
·
return the site to a satisfactory state after operations cease.
The operator must apply for (and obtain) an IPPC permit which will include conditions on:
·
operation of the plant
·
emission limits values for certain substances to air, land and water
·
annual reporting of pollutant releases.
Emission limit values are the mass/concentration and/or level of an emission, which may not be
exceeded during one or more periods of time. The emission limit values are based on the pollution
reductions that are achievable through the use of Best Available Techniques (BAT). Furthermore,
the IPPC environmental permits are based on the Environmental Quality Standards (i.e. the
maximum concentration of a substance, which is permissible in the receiving medium). Emission
limit values must be evaluated in order to achieve compliance with Environmental Quality
Standards for area where the plant is situated.
Communication with authorities and the public is more intense and specific under the IPPC
Directive. The operator shall:
·
Report all changes in the technology that are likely to have an impact on the environment
·
Be aware that the IPPC application, the IPPC permit and ongoing pollution monitoring
results shall be made available to the general public. For example, prior to the awarding of an
environmental permit the public should have access to the non-confidential data from the
application and have the right to comment
·
Be aware that affected citizens in neighbouring countries have the right to see non-
confidential parts of the applications for environmental permits in the case of a new operation or
extension of existing activities, in cases where there is transboundary pollution.
The public (neighbours, NGOs citizens and others) will have the opportunity to study the IPPC
application and provide their comments in writing or in public hearings. They will also have the
opportunity to comment on the draft permit before the final permit is issued. The public will also
have access to monitoring results of the company to see if the permit conditions are being met.
Parts of the application and permit can be confidential. This could include, for example, the list of
raw materials used now and in the future and parts of the technical description particularly where
these involve trade secrets. The enterprise should present a good and objective explanation of why
the data should be considered confidential. The Competent Authority will consider this explanation
and if they agree the confidentiality shall be kept. If the Competent Authority does not agree, they
will be able to make a decision to release the data to the public.
IPPC process Legislative framework EU Examples from the other EU Countries
The ,,Report of the Commission on the implementation of Directive 96/61/EC concerning integrated
pollution prevention and control" (COM (2005) 540 final) summarises the results of the first
comprehensive survey made in the "old" 15 Member States for 2000-2002.
The Directive has been transposed in all Member States but there were serious delays in the EU 15
and not all of its measures have been properly transposed in some Member States. Infringement
cases have been launched against 8 old Member States.
The IPPC Directive entered into effect in October 1999 for new installations but total
implementation is scheduled for 30 October 2007 by which date full compliance should be
RAMBOLL & EKOPEN
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page 5
achieved, unless an installation is subject to a "substantial change" before that date. The report
states that the full implementation by October 2007 remains a challenge for a large majority of
Member States.
About 45000 large industrial installations across the EU 15 fall under the scope of the IPPC
Directive. 5545 installations were granted permits for substantial changes 4750 existing and as 795
new installations.
Nevertheless, full implementation by October 2007 needs acceleration in the permitting process to
provide sufficient time for the operators to cope with the requirements in the permit. According to
Article 9(4) of the Directive, all installations should operate complying with conditions fixed in a
permit based on BAT, taking into account the technical characteristics of the installation concerned,
its geographical location and the local environmental conditions.
Coordination between authorities during the permitting procedure is more complex in certain
Member States, e.g. Germany and the Netherlands, which continue, in certain circumstances, to
have separate water permits. All Member States have indicated that national or regional legal acts
transpose the obligation to require additional conditions in IPPC permits where an environmental
quality standard requires stricter conditions than those achievable by the use of BAT. Some
Member States designate a single authority, while others rely on different competent authorities.
For example in Portugal several authorities have been designated and are each responsible for
coordination, consultation and issuing of permits.
Most Member States have established procedures to check compliance with permit conditions,
generally through on-site inspections. The frequency for such inspections, the use of "self-
monitoring" carried out by the operators or by non-administrative bodies (e.g. accredited
laboratories), as well as the number of enforcement actions, vary among Member States.
Certain Member have developed guidance documents to assist competent authorities, others have
established sectoral legislation based on BAT. The large majority of Member States indicate that
the BAT Reference Documents (BREFs) are taken into account generally and in specific cases when
determining BAT.
All Member States reported legal provisions to ensure the availability of information to and
participation of the public in the permit procedure. A period of approximately one month is typically
allowed for public consultation on permit applications.
Permit content and form; Examples of permits from various countries were used to
illustrate the role of the technical commission in Serbia IPPC process
First of all, the environmental permit should be seen as a negotiation a dialogue between the
authority and the company. Other stakeholders (e.g. neighbours, NGO's and public bodies) will
contribute to the dialogue as well, but basically the two main partners are authorities and industry.
Secondly, the concept of BAT itself supports a flexible approach to the permitting process. It is
important to secure development of environmentally sound practices and this development must
start in realistic changes of the present production practices.
In the application for an IPPC permit the industrial installation has to describe its location, its
equipment, operations and processes, how it effects the environment, and the means the company
will use to restrict its pollution levels, information on control systems and safety precautions. The
company must use the application form found in annex to the IPPC regulation.
The company should also demonstrate the initiatives that it has taken to use the least polluting
technology.
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The authorities will review the applications forwarded by the companies and prepare permits. The
authorities will also inspect the companies on a regular basis to ensure that the companies comply
with the terms set out in the permits.
When reviewing a company's application for an IPPC permit, the authorities focus on the pollution
levels that the company could achieve if it were using the Best Available Techniques in its industrial
processes. This means that the authorities will need to follow the developments in BAT closely
through the EU information exchange and through reports on cleaner technology published within
the relevant industrial sectors. The authorities will set the final timeframes for implementing BAT
after negotiation with the companies who applies for permit.
When preparing permits the authorities also have to take into account the Environmental Quality
Standards set in the legislation and International obligations like the Convention for the Protection
and Sustainable Use of the Danube River (DRPC), the Basel Convention etc.
BAT- concept
The legal basis of the Directive relates to environmental protection that is perfectly in line with its
purpose to take measures leading to a high level of protection of the environment as a whole. Its
implementation should also take account other Community objectives such as the competitiveness
of the Community's industry thereby contributing to sustainable development. Central to this
approach is the general principle given in Article 3 that operators should take all appropriate
preventative measures against pollution, in particular through the application of best available
techniques enabling them to improve their environmental performance.
The term "best available techniques" is defined in Article 2(11) of the Directive as "the most
effective and advanced stage in the development of activities and their methods of operation which
indicate the practical suitability of particular techniques for providing, in principle, the basis for
emission limit values designed to prevent and, where that is not practicable, generally to reduce
emissions and the impact on the environment as a whole." Article 2(11) goes on to clarify further
this definition as follows:
Furthermore, Annex IV of the Directive contains a list of "considerations to be taken into account
generally or in specific cases when determining best available techniques ... bearing in mind the
likely costs and benefits of a measure and the principles of precaution and prevention".
IPPC and Water Framework Directive and Dangerous Substances
The techniques and associated emission and/or consumption levels, or ranges of levels, have been
assessed through an iterative process involving the following steps:
-
identification of the key environmental issues for the sector;
-
examination of the techniques most relevant to address those key issues;
-
identification of the best environmental performance levels, on the basis of the available
data in the European Union and world-wide;
-
examination of the conditions under which these performance levels were achieved; such
as costs, cross-media effects, main driving forces involved in the implementation of the
techniques;
-
selection of the best available techniques (BAT) and the associated emission and/or
consumption levels for this sector in a general sense all according to Article 2(11) and
Annex IV of the Directive.
RAMBOLL & EKOPEN
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Expert judgment by the European IPPC Bureau and the relevant Technical Working Group (TWG)
has played a key role in each of these steps and in the way in which the information is presented.
On the basis of this assessment, techniques, and as far as possible emission and consumption
levels associated with the use of BAT, are considered to be appropriate to the sector as a whole
and in many cases reflect current performance of some installations within the sector. Where
emission or consumption levels "associated with best available techniques" are presented, this is to
be understood as meaning that those levels represent the environmental performance that could
be anticipated as a result of the application, in this sector, of the techniques described, bearing in
mind the balance of costs and advantages inherent within the definition of BAT. However, they are
neither emission nor consumption limit values and should not be understood as such. In some
cases it may be technically possible to achieve better emission or consumption levels but due to
the costs involved or cross media considerations, they are not considered to be appropriate as BAT
for the sector as a whole. However, such levels may be considered to be justified in more specific
cases where there are special driving forces.
The emission and consumption levels associated with the use of BAT have to be seen together with
any specified reference conditions (e.g. averaging periods).
The concept of "levels associated with BAT" described above is to be distinguished from the term
"achievable level" used elsewhere in this document. Where a level is described as "achievable"
using a particular technique or combination of techniques, this should be understood to mean that
the level may be expected to be achieved over a substantial period of time in a well maintained
and operated installation or process using those techniques.
Where available, data concerning costs have been given together with the description of the
techniques presented in the previous chapter. These give a rough indication about the magnitude
of costs involved. However, the actual cost of applying a technique will depend strongly on the
specific situation regarding, for example, taxes, fees, and the technical characteristics of the
installation concerned. It is not possible to evaluate such site-specific factors fully in this document.
In the absence of data concerning costs, conclusions on economic viability of techniques are drawn
from observations on existing installations.
While the BAT reference documents do not set legally binding standards, they are meant to give
information for the guidance of industry, Member States and the public on achievable emission and
consumption levels when using specified techniques. The appropriate limit values for any specific
case will need to be determined taking into account the objectives of the IPPC Directive and the
local considerations."
The Directive provides for the setting of Community emission limit values by means of Directives
when "the need for Community action has been identified". This identification should be based in
particular on the exchange of information on best available techniques and representative limit
values applied in the Member States.
When analysing the need for Community emission limit values in priority sectors and for priority
pollutants, the Commission will not only consider the reports on representative limit values in the
Member States and the results of the exchange of information on best available techniques but also
information submitted for the European Pollutant Emission Register. As usual, the principle of
subsidiarity will guide the Commission.
Prime candidates for Community emission limit values are dioxins and furans, in line with the
Council's conclusions on the Commission's dioxin strategy, as well as the priority substances under
the Water Framework Directive and other pollutants with transboundary impacts.
The Water Framework Directive - 2000/60/EC of the European Parliament and of the Council
establishing a framework for Community action in the field of water policy, OJ L 327, 22/12/2000,
p. 1-72
UNDP/GEF DANUBE REGIONAL PROJECT
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Among other things, this Directive aims to protect and enhance the status of aquatic ecosystems. A
key component is its "combined approach", i.e. addressing emission sources at the same time as
effects on recipients through water quality standards.
On the source side, it sets out a plan for developing further the control measures laid down in the
IPPC Directive and other source-based Directives. This comprises the establishment of a list of
priority substances for action at EU level, prioritised on the basis of risk, and the design of the most
cost-effective set of measures to achieve load reduction of those substances, taking into account
both product and process sources.
The list of priority substances was adopted in November 2001 and it covers 33 substances or
groups of substances. Decision No 2455/2001/EC of the European Parliament and of the Council
establishing the list of priority substances in the field of water policy and amending Directive
2000/60/EC, OJ L 331, 15/12/2001, p. 1-5.
The European Commission adopted a proposal for a new Directive to protect surface water from
pollution on 17 July 2006 (COM (2006)397 final). The proposed Directive, which is required to
support the Water Framework Directive, will set limits on concentrations in surface waters of 41
dangerous chemical substances (including 33 priority substances and 8 other pollutants) that pose
a particular risk to animal and plant life in the aquatic environment and to human health.
In summary the key components of the proposed Directive are:
- establishment of environmental quality standards as required by Article 16.7 WFD including the
introduction of a transitional area of exceedance,
- establishment of an inventory of discharges, emissions and losses to check whether the
objectives of reduction or cessation are met;
- repeal of and transitional provisions for the existing "daughter Directives" listed in annex IX WFD
as suggested by Article 16.10 WFD,
- identification of priority hazardous substances (PHS) out of the 14 substances under review as
required by Decision 2455/2001/EC.
Monitoring and Reporting. Legislation requirements and guidance
The horizontal BREF on monitoring provides brief information to guide IPPC permit writers and
operators of IPPC installations in meeting their obligations under the Directive with regard to
monitoring requirements of industrial emissions at source.
Permit writers are recommended to take into account the following seven considerations when
establishing optimised permit monitoring conditions:
1.
"Why" monitor? There are two main reasons why monitoring is included in IPPC
requirements: (1) for compliance assessment, and (2) for the environmental reporting of industrial
emissions.
2.
"Who" carries out the monitoring? The responsibility for monitoring is generally divided
between the competent authorities and the operators, although competent authorities usually rely
to a large extent on "self monitoring" by the operator, and/or third party contractors. It is highly
important that monitoring responsibilities are clearly assigned to all relevant parties (operators,
authorities, third party contractors). It is also essential that all parties have appropriate quality
requirements in place.
3.
"What" and "How" to monitor. The parameters to be monitored depend on the production
processes, raw materials and chemicals used in the installation. A risk-based approach can be used
to match various levels of potential risk of environmental damage with an appropriate monitoring
RAMBOLL & EKOPEN
Industrial Reforms and Policies - Final Report Annexes
page 9
regime. To determine the risk the main elements to assess are the likelihood of exceeding the
emission limit value (ELV) and the severity of the consequences (i.e. harm to the environment).
4.
How to express ELVs and monitoring results. The way ELVs, or equivalent parameters, are
expressed depends on the objective for monitoring these emissions. Different types of units can be
applied: concentration units, units of load over time, etc. In all cases, the units to be used for
compliance monitoring purposes should be clearly stated, they should preferably be internationally
recognised and they should match the relevant parameter, application and context.
5.
Monitoring timing considerations. Several timing considerations are relevant for setting
monitoring requirements in permits, including the time when samples and/or measurements are
taken, the averaging time, and the frequency to avoid ambiguity.
6.
How to deal with uncertainties. When monitoring is applied for compliance checking it is
particularly important to be aware of measurement uncertainties during the whole monitoring
process.
7.
Monitoring requirements to be included with ELVs in permits. These requirements should
cover all relevant aspects of the ELV. To this end it is good practice to take into account the issues
i.e. with regard to the:
-
legal and enforceable status of the monitoring requirement
-
pollutant or parameter being limited
-
location for sampling and measurements
-
timing requirements of sampling and measurements
-
feasibility of limits with regard to available measurement methods
-
general approach to the monitoring available for relevant needs
-
technical details of particular measurement methods
-
self-monitoring arrangements
-
operational conditions under which the monitoring is to be performed
-
compliance assessment procedures
-
reporting requirements
-
quality assurance and control requirements
-
arrangements for the assessment and reporting of exceptional emissions.
The production of monitoring data follows several consecutive steps that all need to be performed
according to either standards or method-specific instructions to ensure good quality results and
harmonisation between different laboratories and measurers. This data production chain consists of
the following seven steps:
1. Flow
measurement.
2. Sampling.
3.
Storage, transport and preservation of the sample.
4. Sample
treatment.
5. Sample
analysis.
6. Data
processing.
7. Reporting
of
data.
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BREFs: What can be found in BREFs and what are the limitations:
BREFs are guidance documents for Member State authorities in assisting them in issuing the
permit. They are result of the information exchange organised by the Commission in accordance to
Art 16(2) of the IPPC Directive.
Article 16 (2) of the Directive says: ,,(2) The Commission shall organise an exchange of information
between Member States and the industries concerned on best available techniques, associated
monitoring, and developments in them. Every three years the Commission shall publish the results
of the exchanges of information."
The European IPPC Bureau organises this exchange of information and produces BAT reference
documents (BREFs) which Member States are required to take into account when determining best
available techniques generally or in specific cases. The Bureau carries on its work through
Technical Working Groups (TWGs) comprising nominated experts from EU Member States, EFTA
countries, Accession countries, industry and environmental NGOs. These experts provide
information and data and then review the draft documents the Bureau produces.
The objectives of the whole information exchange exercise are to accomplish a comprehensive
exchange of information and views and through the publication of reference documents to help to
redress any technological imbalances in the European Community, to promote the worldwide
dissemination of limit values and techniques used in the Community and assist Member States in
the efficient implementation of this Directive.
Finalisation of the first round of BREFs and start of their review BREFs are important tools for the
implementation of the Directive. All efforts are being made by the Commission to ensure that the
first round of BREFs (comprising 32 BREFs) is finalised. For the time being 17 BREFs have been
formally adopted, further 9 (including Food, Drink and Milk BREF) have been finalised. The
remaining 6 are in the stage of finalisation, and the second draft of them has been published 7-11
months ago. In addition, the review process of certain existing BREFs, where key new information
and knowledge resulting from research is available, is being discussed with Member States and the
industries concerned. The first of them, the revision Cement and Lime BREF started in September
2005 and the elaboration of a new horizontal BREF on energy efficiency started almost a year ago.
Reference documents are produced following a set BREF outlines and guides as agreed with DG
Environment and the Information Exchange Forum (IEF).
Chapters 1 and 2 provide general information on the industrial sector concerned and on the
industrial processes used within the sector. Chapter 3 provides data and information concerning
current emission and consumption levels reflecting the situation in existing installations at the time
of writing. Chapter 4 describes in more detail the emission reduction and other techniques that are
considered to be most relevant for determining BAT and BAT-based permit conditions. This
information includes the consumption and emission levels considered achievable by using the
technique, some idea of the costs and the cross-media issues associated with the technique, and
the extent to which the technique is applicable to the range of installations requiring IPPC permits,
for example new, existing, large or small installations. Techniques that are generally seen as
obsolete are not included. Chapter 5 presents the techniques and the emission and consumption
levels that are considered to be compatible with BAT in a general sense. It should be stressed,
however, that this document does not propose emission limit values.
The outline refers to some standard pieces of text already translated into most European
languages.
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BREF for cement manufacturing
This BREF reflects an information exchange carried out according to Article 16(2) of Council
Directive 96/61/EC and has two parts, one for the cement industry and one for the lime industry,
which each have 7 chapters according to the general outline.
The activity for the cement and lime industry addressed in Annex I (Section 3.1) to the
IPPC Directive as described in the Directive was the following:
"3.1. Installations for the production of cement clinker in rotary kilns with a production capacity
exceeding 500 tonnes per day or lime in rotary kilns with a production capacity exceeding 50
tonnes per day or in other furnaces with a production capacity exceeding 50 tonnes per day."
BREF covers the processes involved in the production of cement and lime. The main operations
covered by the descriptions are:
- Raw materials storage and preparation.
- Fuels storage and preparation.
- The kiln systems.
- Products preparation and storage.
- Packing and dispatch.
Quarrying and shaft kilns for cement clinker production are not covered.
Best available techniques for the cement industry
The techniques and associated emission and/or consumption levels, or ranges of levels, have been
assessed through an iterative process involving the following steps:
-
identification of the key environmental issues for the sector; for the manufacture of cement
these are energy use and emissions to air. The emissions to air from cement plants include
nitrogen oxides (NOx), sulphur dioxide (SO2) and dust;
-
examination of the techniques most relevant to address those key issues;
-
identification of the best environmental performance levels, on the basis of the available
data in the European Union and world-wide;
-
examination of the conditions under which these performance levels were achieved; such
as costs, cross-media effects, main driving forces involved in implementation of this techniques;
-
selection of the best available techniques (BAT) and the associated emission and/or
consumption levels for this sector in a general sense all according to Article 2(11) and Annex IV of
the Directive.
General primary measures
The best available techniques for the manufacturing of cement include the following general
primary measures:
-
A smooth and stable kiln process, operating close to the process parameter set points, is
beneficial for all kiln emissions as well as the energy use. This can be obtained by applying:
-
Process control optimisation, including computer-based automatic control systems.
-
The use of modern, gravimetric solid fuel feed systems.
UNDP/GEF DANUBE REGIONAL PROJECT
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-
Minimising fuel energy use by means of:
-
Preheating and precalcination to the extent possible, considering the existing kiln system
configuration.
-
The use of modern clinker coolers enabling maximum heat recovery.
-
Heat recovery from waste gas.
-
Minimising electrical energy use by means of:
-
Power management systems.
-
Grinding equipment and other electricity based equipment with high energy efficiency.
-
Careful selection and control of substances entering the kiln can reduce emissions.
-
When practicable selection of raw materials and fuels with low contents of sulphur,
nitrogen, chlorine, metals and volatile organic compounds.
Conclusions and Participant Evaluations from the Training Workshops
Overall the quality of the workshop based upon participants evaluation has ranged from good to
excellent. It is important to stress that prior to this project a number of workshops of IPPC had
been held in Serbia, but mainly dealing with new IPPC Act in a descriptive way. This was the first
workshop on IPPC where it was possible to learn from practical issues and discuss the
implementation both from the side of industry and the permitting body. As the result there was a
high level of participation and the training methods and were rated as appropriate to very
appropriate, with the manual being rated as very good to excellent.
The applicability of the workshop was generally evaluated as applicable or very applicable. Some
participants (5) considered the workshop too short; while the majority (14) thought it was just
about right.
The most valuable part of the workshop was experience in using BREFs and BATs followed by the
practical case studies and preparation of the application.
The general atmosphere of both of the training workshops was very positive, with active
participation, but not consistent among all participants. Discussions were livelier among the
participants then between the participants and trainers. It was obvious that there was need for
more frequent meetings between the permitting authority and industry representatives.
Discussions during second training workshop were much more focused on practical issues, when
compared to the first workshop.
The main result of the discussion is reflected in the need for the laws and by-laws, and in
conclusion that more training is needed, focused on specific industries, and capacities of permitting
bodies.
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IPPC WORKSHOP PROGRAMME
Date: March 1, 2006 Day1
Place: Ministry of Science and Environment protection
Time
Topics
Speaker
9.00
Participants welcome
Stevo Tubic
9.10
Industrial Reform and Development of Policies & Legislation for
Tom Owen/Project
Application of BAT towards Reduction of Nutrients & Dangerous
Director
9.20
Introduction to IPPC basic notions - integrated approach, BAT,
Stanislav
dialogue between permitting authority and operators, public
Kosina/Ramboll
participation....
9.50
IPPC process Legislative framework in Serbia and EU
Stanislav
Kosina/Ramboll
Examples from Other EU Countries
10.20 Coffee Break
10.50 IPPC and Water Framework Directive and Dangerous Substances
Norika Bartkova
/Ramboll
11.30 Discussion Participants
12.00 Lunch
13.00 Permit content and form; Examples of permits from various countries Stanislav
Kosina/Ramboll
13.30 The role of technical commission in Serbia IPPC process
Participants in
Groups
14.30 Coffee
break
15.00 Presentation of discussion results
Participants
15.30 Conclusions and suggestions
Project
team/Participants
Comments to content of coming training and workshops
16.00 End of the Day 1
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Date: March 2, 2006 Day2
Place: Ministry of Science and Environment protection
Time
Topics
Speaker
8.30
IPPC Application Content and completeness
Stanislav
Kosina/Ramboll
Examples of applications from various countries
9.15
Case study:
Stanislav
Kosina/Ramboll
Cement manufacture installation
Participants in
Check list
Groups
Application guideline
10.00 Coffee Break
10.30 BAT- concept
Stanislav
Kosina/Ramboll
What is BAT
Expectations/outputs from BAT;
Environmental Quality Standards and BAT
New and existing installation with respect BAT-concept
BAT in transitional countries
11.00 BAT in cement manufacturing
Project
team/Participants
Group Work
11.45 Presentation of group work
Participants
12.00 Lunch
13.00 BREFs
Stanislav
Kosina/Ramboll
What can be found in BREFs and what are the limitations?
BREF sources
13.45 BREF for cement manufacturing
Participants in
Groups
Group work
14.30 Coffee
break
15.00 Presentation of group work
Participants
15.30 Conclusions and suggestions for next workshops
Project
team/Participant
Quality assurance/Questionnaires
16.00 End of the Day 2
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IPPC WORKSHOP PROGRAMME
Date: March 15, 2006 Day3
Place: Ministry of Science and Environment protection
Time
Topics
Speaker
9.00 Participants welcome
Nebojsa Pokimica
9.05 Group speakers presentations on two Serbian cement
Group speakers
manufacturing installations - application data relevant to case work
on permits
9.45 Emission limit values EU/Serbian/Slovak for air, water, noise,
Stanislav
vibrations, odour
Kosina/EKOPEN
10.15 Coffee Break
10.45 Environmental Quality Standards (EQS)
Stanislav Kosina
11.15 Group work on EQS
Participants
11.45 Presentation of group work results
Participants
12.00 Lunch
13.00 Modelling in the air and water sector
Stanislav Kosina
13.30 Practical exercise modelling in the air sector using the Slovak
Stanislav
software MODIM (US EPA based) and emission data from Serbian
Kosina/Participants
installations
14.45 Coffee
break
15.15 Discussion
Participants
15.30 Conclusions and suggestions
Stanislav
Kosina/Participants
16.00 End of the Day 1
UNDP/GEF DANUBE REGIONAL PROJECT
ANNEX
page 16
Date: March 16, 2006 Day4
Place: Ministry of Science and Environment protection
Time Topics
Speaker
8.30
Permits and conditions. Good and bad conditions. Dialogue with
Stanislav Kosina
operator.
(SK)/Ekopen
9.15
Case work: Cement manufacture installation
Participants in
Groups/ SK
10.15 Coffee Break
10.45 Case work: Cement manufacture installation Cont'd
Participants in
Groups/ SK
11.30 Presentation of conditions and discussion
Participants in
Groups/ SK
12.00 Lunch
13.00 Monitoring and Reporting. Legislation requirements and guidance. SK/EKOPEN
13.45 Discussion Participants
in
Groups
14.00 Coffee
break
14.30 Discussion/Suggestion for further workshops
SK/Participants
15.00 QA questionnaires
Participants
15.30 End of the Workshop
RAMBOLL & EKOPEN
Industrial Reforms and Policies - Final Report Annexes
page 17
List of Participants
Name Institution
Contacts
Marina Djordjevi Environmental
Directorate,
Vranje
017/414-836, 064/81 66 288
Division
marina.djordjevic@ekoserb.sr.gov.yu
Aleksi Vinka
Environmental Directorate, Sabac
015/346-912, 064/81 66 318
Division
vinka.aleksic@ekoserb.sr.gov.yu
Ljiljana Marinkovi Environmental
Directorate,
034/338-256, 064 81 66 254
Kragujevac Division
ljiljana.marinkovic@ekoserb.sr.gov.yu
Slavica Leki Environmental
Directorate, 011/2157 539
Kragujevac Division
slavica.lekic@ekoserb.sr.gov.yu
Ljiljana Stojanovi
Environmental Directorate, Nis
018/515 443, 505 132, 064/81 66 329
Division
ekoius@nis.okrug.sr.gov.yu
Nevenka Nikoli Kosjeri A.D. Cement factory
031/590 401, fax 031/590 398
nnikolic@titan.co.yu
Zoran Vostini Environmental
Directorate,
Kraljevo
036/ 313 825
Division
zoran.vostinic@ekoserb.sr.gov.yu
8. Margareta
Holcim (Serbia) A.D. Cement Factory
035/572 486, fax 035/572 233
Milosavljevi
margareta.milosavljevic@holcim.com
Milosevi Ivana
Environmental Directorate, IPPC
063/877 1605
Sector
ivana.milosevic@ekoserb.sr.gov.yu
Lukacevi Nada
Environmental Directorate
064/1484624, 3131356
nada.lukacevic@ekoserb.sr.gov.yu
Atlas Sonja
Vojvodina Environmental Secretariat
021/487 46 90, 021/456 665
sonjaatlas@yahoo.com
Marusi Svetlana
Vojvodina Environmental Secretariat
021/487 47 19, 021/456 688
svetlanamarusic@yahoo.com
Gordana Spegar
EPA
011 2413 966 lok.139
gordana.spegar@sepa.sr.gov.yu
Olivera Kuzmanovi
Pancevo Refinery
064/888 40 59, 013/310 004 lok.324
013/514 292 rnpeko@panet.co.yu
Verica Milicevi
Environmental Directorate, EIA Sector 011 31 31 356
verica.milicevic@ekoserb.sr.gov.yu
Aleksandra Vucini Environmental
Directorate,
waste
062/370 435, 31 32 571 lok.111
management Sector
aleksandra.vucinic@ekoserb.sr.gov.yu
Nebojsa Pokimica
Environmental Directorate, Monitoring 064/81 66 244, 31 32 571
Sector
Nebojsa.pokimica@ekoserb.sr.gov.yu
Valentina Sterdjevi
Belgrade Environmental Secretariat
011 3309 309, fax 3222 681
sterdjevic@eunet.yu
Slavica Tosi
Belgrade Environmental Secretariat
011 330 92 93, fax 32 22 681
slavicatosic@yahoo.com
Mirjana Guci
Belgrade Environmental Secretariat
01132 26 106, 330 92 89, fax 32 22 681
mirjana_gucic@yahoo.com
Marko Obradovi
Faculty of Machine Enginering,
011 3370 366, 3370 249, fax 3370 364
Belgrade University
mobradovic@mas.bg.ac.yu
Elenora Bartkova
Ekopen, project manager
+421252621197
bartkova@ekopen.sk
Stanislav Kosina
Ekopen, IPPC expert
064/395 17 14
kosinas@orangemail.sk
Ivan Brzakovi
FIDECO, Beograd
011 32 42 142
i.brzakkovic@fideco.co.yu
Jasminka Milosevi FIDECO,
Beograd
063/669958
j.milosevic@fideco.co.yu
Vesna Raki FIDECO,
Beograd
063/669951
rvesna2000@yahoo.co.uk
Tom Owen
Ekopen
+421905 729 156
owen@ekopen.sk
Biljana Ljuji
Water Directorate
011 3117 179
Biljana.ljuji@minpolj.sr.gov.yu
UNDP/GEF DANUBE REGIONAL PROJECT
ANNEX 3: TRAINING DOCUMENTATION
page 18
MOLDOVA
Summary of the Training Workshop Presentations
The Training Workshops presentation related to background information including a general
introduction to IPPC, BAT, ELVs, and the permitting process, monitoring very similar to that
presented earlier in Serbia translated into Moldavian language. Specific presentations were
prepared according to the training needs analysis results focusing on food industry BREFs.
Food, Drink and Milk BREF
The Food, drink and milk (FDM) BREF includes the results of the information exchange about the
activities listed in Annex 1 parts 6.4. (b) and (c) of Council Directive 96/61/EC of 24 September
1996 on integrated pollution prevention and control (IPPC Directive), i.e.
"6.4. (b) Treatment and processing intended for the production of food products from:
- animal raw materials (other than milk) with a finished product production capacity greater than
75 tonnes per day
- vegetable raw materials with a finished product production capacity greater than 300 tonnes per
day (average value on a quarterly basis)
(c) Treatment and processing of milk, the quantity of milk received being greater than 200 tonnes
per day (average value on an annual basis)"
The information exchange started in 2001 and ended 4 years later, however, the formal adoption
has been made this year. The 638 page long final draft can be downloaded from the EIPPCB
Website.
The FDM sector is diverse in terms of the size and nature of the companies, the wide range of raw
materials, products and processes as well as the production of homogenised global products and
numerous specialist or traditional products on a regional, national or local scale. The sector is
spread over all of Europe, both in urbanised and rural areas. Elements of cultural specificity are still
preserved across Europe; consumers demand their choice of traditional products. Another
peculiarity when defining BAT is that food safety laws have primacy over environmental
considerations.
The most significant environmental issues are water consumption and pollution, energy
consumption and waste management.
Some sectors within the food industry use large quantities of water and overall the food industry is
a large consumer of drinking quality water. Water is needed as a raw material (with higher
proportions needed in the manufacturing of drinks, beer, etc.), as process water (e.g. for washing
raw materials, intermediates and products, cooking, dissolving, cleaning, etc.), as cooling water, as
transportation water, as auxiliary water (production of vapour, vacuum, etc.), and as sanitary
water, etc. The quality of water needed depends on the needs of the specific use. In general, about
two thirds of the water used is of drinking water quality.
Large food processing installations can use several hundred cubic metres of water a day. Most of
the water not used as an ingredient ultimately appears in the waste water stream. In the fruit and
vegetable sub-sector, for example, in the order of 10 m3 of waste water is generated for every
tonne of raw material processed.
RAMBOLL & EKOPEN
Industrial Reforms and Policies - Final Report Annexes
page 19
Although the food, drink and milk industry is an extremely diverse sector, certain sources of waste
water are common to many installations. These include:
·
washing of the raw material
·
steeping of raw material
·
water used for transporting (fluming) raw material or waste
·
cleaning of plant, process lines, equipment and process areas
·
washing of product containers
·
blowdown from steam boilers
·
once-through cooling water or bleed from closed loop cooling water systems
·
backwash from regeneration of water treatment plant
·
freezer defrosts water
· storm-water
run-off.
The untreated waste water is high both in COD and BOD. Levels can easily be10-100 times higher
than in domestic waste water. The suspended solid content varies from negligible up to 120 g/l.
Some sectors, such as meat, fish, dairy, etc. may produce waste waters high in fat/oil (FOG)
content. Cleaning and some specific production processes, e.g. vegetable oil de-gumming may
result in high concentration of phosphorous. On the other hand, FDM industrial waste waters are
normally biodegradable and non-toxic therefore easy to treat biologically.
The industry is dependent on energy for the processes required for food freshness and safety.
Thermal processing and dehydration are the most commonly used techniques for food
preservation, both requiring significant amounts of energy. Process heating uses approximately 29
% of the total energy used in the food industry, while process cooling and refrigeration demands
about 16 % of the total energy inputs.
Over 370 techniques are described in Chapter 4 of Techniques to Consider in the Determination of
BAT. The food, drink and milk industry is so diverse that it is impossible to detail every technique
that can be considered in the determination of BAT for every activity and under every
circumstance. However, it is evident that there are various good techniques that are used in one
sector that may also be applicable in other sectors. The descriptions of general measures are
supplemented by specific techniques, which are also described and characterised. Each technique is
well documented and includes information on consumption and emission levels considered
achievable by using the technique, some idea of the costs and the cross-media issues associated
with the technique. The extent to which the technique is applicable is also given, for example new,
existing, large or small installation, type of activity. When possible, the information provided gives
the context in which the technique can be used effectively.
This Chapter includes both "process integrated" and "end-of-pipe" techniques. Many address the
issues of minimising water and energy consumption, water pollution and waste production while
maximising the efficiency of raw material use. Cross-media effects and cost/benefit implications are
included wherever data were available. However, if a technique is used on industrial scale it is in
itself an evidence of its economic viability.
The BAT conclusions are presented in two tiers. The first tier is about general BAT conclusions that
are techniques that may be used for all FDM sector installations. The second tier is about some
additional BAT that is just applicable for one or a few sectors. Consumption and emission level
could not be attributed to these techniques because missing data and consensus. However,
achievable levels are presented for the guidance of industry, authorities and public.
Conclusion and Participant Evaluations from the Training Workshops
UNDP/GEF DANUBE REGIONAL PROJECT
ANNEX 3: TRAINING DOCUMENTATION
page 20
This chapter is prepared based on participants' evaluation of the workshops summarising the
responses from the two training workshops.
All participants considered the Training Workshops to have met the predefined objectives and
overall quality of training has been evaluated very positively as well as training methods and the
applicability of the training content to their work context. The atmosphere of the training was very
positive with active interest and involvement of participants particularly in the process of issuing
IPPC permits, BREFs for food industry and ELVs. The participants' recommendations for future
training were focused on the introduction of more examples of BAT/BREFs in connection with the
application of new technologies. Suggestions were also oriented to organization of such workshops
in other parts of Moldova.
These training workshops were a key activity that brought together a unique cross-section of
officials in industry and water quality from all Local and Central Environmental Authorities dealing
with the permitting issues, Industries located in the Danube River Basin and Local Public Authority
(Regional Council).
Training Workshop on Integrated Pollution Prevention and Control
(IPPC) and on Best Available Techniques (BAT)
UNDP/GEF Industrial policy project
March 30 31, 2006
PROGRAMME
Place: Chisinau, the Tourist Hotel
Date: March 30, 2006 Day 1
Time
Topics
Speaker
9.00
Welcome and introduction to the seminar
Dumitru Drumea
UNDP/GEF Danube Regional Project, component Industrial
Eleonóra Bartková
Policy as a part of the ICPDR activities introduction
Project Manager Ramboll
9.15
General introduction to IPPC philosophy, procedure,
Eleonóra Bartková
stakeholders
10.15 Workshop Tex Book Presentation
Eleonóra Bartková
10.40 Coffee Break
11.00 Monitoring in Integrated Approach
Eleonóra Bartková
11.30 Discussion
Project team/
Participants
12.00 Lunch
13.00 Introduction to BAT concept (objective, BAT related
Katalin Gara/ Ramboll
emission limit values and environmental quality standards
13.45 Discussion
Project
team/Participants
RAMBOLL & EKOPEN
Industrial Reforms and Policies - Final Report Annexes
page 21
Time
Topics
Speaker
14.00 BREFs and its use
Katalin Gara/ Ramboll
15.00 Coffee
Break
15.20 Emission limit values and environmental quality standards,
Katalin Gara/ Ramboll
existing and new facilities
16.05 Discussion about the BATs and the use of gained knowledge Project team/Participants
16.20 Working Groups Assignment 1
Participants/Facilitators
17.20 Working Groups Presentations of Assignment 1
Working Group Reporters
18.00 The end of the first day
Date: March 31, 2006 Day 2
Place: Chisinau, the Tourist Hotel
Time
Topics
Speaker
8.30 BAT in food industry (specially in dairy, sugar and wine
Katalin Gara/ Ramboll
making industries)
9.30 Questions and Discussion
Project team/Participants
10.00 Coffee Break
10.30 Working Groups Assignment 2
Participants/Facilitators
11.30 Working Groups Presentation of Assignment 2
Working Group Reporters
11.50 Final Seminar Discussion and Wrap up
Project team/Participants
12.30 Lunch
13.30 The end of Training Workshop
UNDP/GEF DANUBE REGIONAL PROJECT
ANNEX 3: TRAINING DOCUMENTATION
page 22
List of Participants
Region /
Name,
Phone /
Raion/
surname /
Institution /
Position /
Fax /
nn
E-mail
Country &
Nume,
Institutia
Functia
Telefon
Area Code
prenume
/ Fax
Briceni
Environmental
Senior
1 MONEAGA Ina
2 40 68
--
+373 247
Inspectorate
inspector
Transboundary
Cooperation
2
AJDER Iacob
Regional Council
2 84 01
--
Division,
Cahul
Director
(+373
SA "VIERU-VIN",
299)
3 BEJAN
Mihail
Engineer
7 92 45
--
Vine factory
Head of
Environmental
4 GÎRNE Vladimir
authorization
2 21 52
--
Inspectorate
division
TEODOR
Environmental
Senior
5
2 28 80
--
Cantemir
Alexandru
Inspectorate
inspector
+373 273
SA "IMPERIAL-
Environmental
6 CIOROI
Sergiu
7 44 02
--
VIN", vine factory
monitoring
Comrat
BRODARSCHII
Environmental
Senior
7
2 40 46
--
+373 298
Mihail
Inspectorate
specialist
SA "NATUR-
CHISTRUGA
8
BRAVO", Fruit
Technologist
2 24 46
--
Nicolae
processing factory
Edinet
Head of
GHEORGHI
+373 246
9
Regional Council
Agricultural
2 22 48
--
Sergiu
Section
Environmental
Head of
10 JACOT
Petru
2 31 75
--
Inspectorate
Inspectorate
CIMPOIE
Environmental
Head of
11
2 25 20
--
Vitalie
Inspectorate
Inspectorate
Falesti
SVIRIDOVA
"SUDZUKER" SA,
Environmental
12
4 33 86
--
+373 259
Uliana
Sugar Factory
specialist
Senior
13 LUNGU Anatolie
Regional Council
2 21 50
--
specialist
COROI Iulian
Environmental
14
Specialist
2 21 50
--
Inspectorate
Glodeni
Regional Council,
CEBAN
+373 249
regional
Principal
15 Gheorghe
2 31 04
--
development
specialist
section
Environmental
Head of
16 CHITANU
Iurie
2 24 81
--
Inspectorate
Inspectorate
Leova
Principal
17 CREU Raisa
Regional Council
2 26 81
+373 263
specialist
SA "LEOVIN", Vine
18 TATARU
Vasile
Engineer
2 26 98
--
factory
Agricultural
Nisporeni
section,
19 MÎNDRIL Mihail Regional Council
2 30 08
--
+373 264
principal
specialist
SA "NIS-
TULBURE
STRUGURA"
+373 69
20
Main Engineer
--
Ghenadie
Grape processing
16 38 36
factory
RAMBOLL & EKOPEN
Industrial Reforms and Policies - Final Report Annexes
page 23
Region /
Name,
Phone /
Raion/
surname /
Institution /
Position /
Fax /
nn
E-mail
Country &
Nume,
Institutia
Functia
Telefon
Area Code
prenume
/ Fax
Environmental
21 ROBU Ion
Copnsultant
2 30 51
--
Inspectorate
Control Ecologic,
Ungheni
information
22 PANCIUC
Nina
Head of section
2 26 40
--
+373 236
service and
authorization
Ministry of
23 CIBOTARU
Igor
Consultant
23 73 11
icibotaru@moldova.md
Economy
Ministry of
BELOUSOV
24
Ecology, Pollution
Consultant
22 69 27
--
Chisinau
Elena
Control Division
+373 22
State
APARATU
Environmental
25
Consultant
22 69 22
--
Dumitru
Inspectorate,
Central Body
+322
GARANE NAGY
Brussels
26
Ramboll Consultant
234
Katalin.gara@humer.be
Katalin
1268
BARTKOVA
Bratislava
27
Ramboll Consultant
bartkova@ekopen.sk
Eleonora
DRUMEA
+373 22
Chisinau
28
ICPDR
drumead25@yahoo.com
Dumitru
73 88 89
Environmental
+373 22
cbu@arax.md
BUSUIOC
Free lance
Consultant &
22 82 65
Chisinau
29
cbusuioc@yahoo.com
Corneliu
consultant
Project
+373 69
manager
10 67 96
UNDP/GEF DANUBE REGIONAL PROJECT
ANNEX 3: TRAINING DOCUMENTATION
page 24
Training Workshop
on Integrated Pollution Prevention and Control (IPPC) and on Best
Available Techniques (BAT)
UNDP/GEF Industrial policy project
December 5th 6th, 2006
PROGRAMME
Place: Chisinau, the Tourist Hotel
Date: 5 December, 2006 Day 1
Time
Topics
Speaker
10.00 Welcome and introduction to the seminar
Dumitru Drumea
UNDP/GEF Danube Regional Project, component
Thomas Owen
Industrial Policy as a part of the ICPDR activities
Project Director Ekopen
introduction
10.15 General introduction to IPPC
Thomas Owen
- philosophy / procedure / - stakeholders
Project Director Ekopen
11.15 Workshop Tex Book Presentation
Eleonóra Bartková Project Manager
Ekopen
11.40 Monitoring in Integrated Approach
Eleonóra Bartková Project Manager
Ekopen
12.10 Lunch
13.00 Discussions Project
team/Participants
13.15 Introduction to BAT concept (objective, BAT related
Eleonóra Bartková Project Manager
emission limit values
Ekopen
14.00 Emission limit values and environmental quality
Eleonóra Bartková Project Manager
standards, existing and new facilities
Ekopen
14.30 Discussion Project
team/Participants
14.45 Coffee
Break
15.05 BREFs and its use
Anne Louise Niemann Ramboll
16.05 Discussion about the BATs and the use of gained
Project team/Participants
knowledge
16.20 Working Groups Assignment 1
Participants/Facilitators
17.20 Working Groups Presentations of Assignment 1
Working Group Reporters
18.00 The end of the first day
RAMBOLL & EKOPEN
Industrial Reforms and Policies - Final Report Annexes
page 25
Date: 6 December, 2006 Day 2
Place: Chisinau, the Tourist Hotel
Time
Topics
Speaker
8.30 BAT in food industry (specially in dairy, sugar and wine
Anne Louise Niemann
making industries)
Ramboll
9.30 Questions and Discussion
Project team/Participants
10.00 Coffee Break
10.30 Working Groups Assignment 2
Participants/Facilitators
11.30 Working Groups Presentation of Assignment 2
Working Group Reporters
11.50 Final Seminar Discussion and Wrap up
Project team/Participants
12.30 Lunch
13.30 The end of Training Workshop
UNDP/GEF DANUBE REGIONAL PROJECT
ANNEX 3: TRAINING DOCUMENTATION
page 26
List of Participants
RAMBOLL & EKOPEN
Industrial Reforms and Policies - Final Report Annexes
page 27
BOSNIA HERZEGOVINA
Training Workshop on Integrated Pollution Prevention and Control (IPPC) and on Best
Available Techniques (BAT) took place in Sarajevo, January 25 26, 2007
The general objective of this workshop was to provide participants with the knowledge to address
the highest priority issues for the transposition and/or implementation of the existing legislation
consistent with the principles and approaches of the EU Directive (IPPC) tailored to the specific
circumstances in Bosnia and Herzegovina, and focusing on application of BAT.
In total, 27 people attended this workshop. Participants were representatives of authorities
responsible for environmental protection at different administrative levels i.e. entity, cantonal and
municipal level. They included environmental inspectors and people responsible for environmental
impact assessment procedures and environmental permitting.
During the workshop, participants were given the material containing:
- Training Workshop Textbook
- Introductory presentation "Integrated Pollution Prevention and Best Available Techniques"
- Presentation "General Introduction to Integrated Pollution Prevention and Control"
- Presentation "Introduction to BAT Concept"
- Presentation "Monitoring in Integrated Approach"
- Presentation "Use of BREFs"
- Presentation "BAT in Cement Industry and Large Combustion Plants"
Summary of the Training Workshop Presentations
Reference Document on BAT for Large Combustion Plants (May 2005)
This BREF covers, in general, combustion installations with a rated thermal input exceeding 50 MW.
This includes the power generation industry and those industries where `conventional'
(commercially available and specified) fuels are used and where the combustion units are not
covered within another sector BREF. Coal, lignite, biomass, peat, liquid and gaseous fuels
(including hydrogen and biogas) are regarded as conventional fuels. Incineration of waste is not
covered, but co-combustion of waste and recovered fuel in large combustion plants is addressed.
The BREF covers not only the combustion unit, but also upstream and downstream activities that
are directly associated to the combustion process. Combustion installations which use process-
related residues or by-products as fuel, or fuels that cannot be sold as specified fuels on the
market as well as combustion processes which is an integrated part of a specific production process
are not covered by this BREF.
Structure of the document
Electricity (power) and/or heat generation in Europe is a diverse sector. Energy generation is based
on a variety of fuels, which can generally be classified by their aggregate state into solid, liquid or
gaseous fuels. This document has, therefore, been written vertically, fuel by fuel, but with common
aspects and techniques described together in the three introductory chapters.
Technologies used
Power generation in general utilises a variety of combustion technologies. For the combustion of
solid fuels, pulverised combustion, fluidised bed combustion as well as grate firing are all
UNDP/GEF DANUBE REGIONAL PROJECT
ANNEX 3: TRAINING DOCUMENTATION
page 28
considered to be BAT under the conditions described in this document. For liquid and gaseous
fuels, boilers, engines and gas turbines are BAT under the conditions described in this document.
The choice of system employed at a facility is based on economic, technical, environmental and
local considerations, such as the availability of fuels, the operational requirements, market
conditions, network requirements. Electricity is mainly generated by producing steam in a boiler
fired by the selected fuel and the steam is used to power a turbine which drives a generator to
produce electricity. The steam cycle has an inherent efficiency limited by the need to condense the
steam after the turbine.
Some liquid and gas fuels can be directly fired to drive turbines with the combustion gas or they
can be used in internal combustion engines which can then drive generators. Each technology
offers certain advantages to the operator especially in the ability to be operated according to
variable power demand.
Environmental Issues
Most combustion installations use fuel and other raw materials taken from the earth's natural
resources, converting them into useful energy. Fossil fuels are the most abundant energy source
used today. However, their burning results in a relevant and, at times, significant impact on the
environment as a whole. The combustion process leads to the generation of emissions to air, water
and soil, of which emissions to the air are considered to be one of the main environmental
concerns.
The most important emissions to air from the combustion of fossil fuels are SO2, NOX, CO,
particulate matter (PM10) and greenhouse gases, such as N2O and CO2. Other substances such as
heavy metals, halide compounds, and dioxins are emitted in smaller quantities.
Conditions
The BAT associated emission levels are based on daily average, standard conditions and an O2 level
of 6 % / 3 % / 15 % (solid fuels / liquid and gasous fuels / gas turbines) which represents a
typical load situation. For peak loads, start up and shut down periods as well as for operational
problems of the flue-gas cleaning systems, short-term peak values, which could be higher, have to
be considered.
Unloading, storage and handling of fuel and additives
Some BAT for preventing releases from the unloading, storage and handling of fuels, and also for
additives such as lime, limestone, ammonia, etc. is summarised below.
RAMBOLL & EKOPEN
Industrial Reforms and Policies - Final Report Annexes
page 29
Table 1: Some BAT for storage and handling of fuel and additives
BAT
·
the use of loading and unloading equipment that minimises the height of fuel
drop to the stockpile, to reduce the generation of fugitive dust (solid fuels)
·
in countries where freezing does not occur, using water spray systems to
reduce the formation of fugitive dust from solid fuel storage (solid fuels)
·
placing transfer conveyors in safe, open areas aboveground so that damage
from vehicles and other equipment can be prevented (solid fuels)
Particulate ·
using enclosed conveyors with well designed, robust extraction and filtration
equipment on conveyor transfer points to prevent the emission of dust (solid
matter
fuels)
·
rationalising transport systems to minimise the generation and transport of
dust on site (solid fuels)
·
the use of good design and construction practices and adequate
maintenance (all fuels)
·
storage of lime or limestone in silos with well designed, robust extraction
and filtration equipment (all fuels)
·
having storage on sealed surfaces with drainage, drain collection and water
treatment for settling out (solid fuels)
·
the use of liquid fuel storage systems that are contained in impervious bunds
that have a capacity capable of containing 75 % of the maximum capacity of
all tanks or at least the maximum volume of the largest tank. Tank contents
should be displayed and associated alarms used and automatic control
Water
systems can be applied to prevent the overfilling of storage tanks (solid
contaminati
fuels)
on
·
pipelines placed in safe, open areas aboveground so that leaks can be
detected quickly and damage from vehicles and other equipment can be
prevented. For non-accessible pipes, double walled type pipes with
automatic control of the spacing can be applied (liquid and gaseous fuels)
·
collecting surface run-off (rainwater) from fuel storage areas that washes
fuel away and treating this collected stream (settling out or waste water
treatment plant) before discharge (solid fuels)
·
surveying storage areas for solid fuels with automatic systems, to detect
Fire
fires, caused by self-ignition and to identify risk points (solid fuels)
prevention
·
using fuel gas leak detection systems and alarms (liquid and gaseous fuels)
Fugitive
emissions
·
using expansion turbines to recover the energy content of the pressurised
Efficient use
fuel gases (natural gas delivered via pressure pipelines) (liquid and gaseous
of natural
fuels)
resources
·
preheating the fuel gas by using waste heat from the boiler or gas turbine
(liquid and gaseous fuels).
·
for handling and storage of pure liquified ammonia: pressure reservoirs for
Health and
pure liquified ammonia >100 m3 should be constructed as double wall and
safety risk
should be located subterraneously; reservoirs of 100 m3 and smaller should
regarding
be manufactured including annealing processes (all fuels)
ammonia
·
from a safety point of view, the use of an ammonia-water solution is less
risky than the storage and handling of pure liquefied ammonia (all fuels).
Fuel pre-treatment of solid fuel mainly means blending and mixing in order to ensure stable
combustion conditions and to reduce peak emissions. To reduce the amount of water in peat and
biomass, drying of fuel is also considered to be part of BAT. For liquid fuels, the use of pre-
treatment devices, such as diesel oil cleaning units used in gas turbines and engines, are BAT.
Heavy fuel oil (HFO) treatment comprises devices such as electrical or steam coil type heaters, de-
emulsifier dosing systems, etc.
UNDP/GEF DANUBE REGIONAL PROJECT
ANNEX 3: TRAINING DOCUMENTATION
page 30
Thermal efficiency
Prudent management of natural resources and the efficient use of energy are two of the major
requirements of the IPPC Directive. In this sense, the efficiency with which energy can be
generated is an important indicator of the emission of the climate relevant gas CO2. One way to
reduce the emission of CO2 per unit of energy generated is the optimisation of the energy
utilisation and the energy generating process. Increasing the thermal efficiency has implications on
load conditions, cooling system, emissions, use of type of fuel and so on.
Cogeneration (CHP) is considered as the most effective option to reduce the overall amount of CO2
released and is relevant for any new build power plant whenever the local heat demand is high
enough to warrant the construction of the more expensive cogeneration plant instead of the
simpler heat or electricity only plant. The BAT conclusion to increase efficiency and the BAT
associated levels are summarised in Tables 3 to 5. In this sense, it should be noted that HFO fired
plants are considered to have similar efficiencies than coal fired plants.
No specific thermal efficiency values were concluded when using liquid fuels in boilers and engines.
However, some techniques to consider are available in the respective BAT sections.
Particulate matter (dust) emissions
Particulate matter (dust) emitted during the combustion of solid or liquid fuels arise almost entirely
from their mineral fraction. By combustion of liquid fuels, poor combustion conditions lead to the
formation of soot. Combustion of natural gas is not a significant source of dust emissions. The
emission levels of dust, in this case, are normally well below 5 mg/Nm3 without any additional
technical measures being applied.
For dedusting off-gases from new and existing combustion plants, BAT is considered to be the use
of an electrostatic precipitator (ESP) or a fabric filter (FF), where a fabric filter normally achieves
emission levels below 5 mg/Nm3. Cyclones and mechanical collectors alone are not BAT, but they
can be used as a pre-cleaning stage in the flue-gas path.
Heavy metals
The emission of heavy metals results from their presence as a natural component in fossil fuels.
Most of the heavy metals considered (As, Cd, Cr, Cu, Hg, Ni, Pb, Se, V, and Zn) are normally
released as compounds (e.g. oxides, chlorides) in association with particulates. Therefore, BAT to
reduce the emissions of heavy metals is generally the application of high performance dedusting
devices such as ESPs or FFs.
Only Hg and Se are at least partly present in the vapour phase. Mercury has a high vapour
pressure at the typical control device operating temperatures, and its collection by particulate
matter control devices, is highly variable. For ESPs or FFs operated in combination with FGD
techniques, such as wet limestone scrubbers, spray dryer scrubbers or dry sorbent injection, an
average removal rate of Hg is 75 % (50 % in ESP and 50 % in FGD) and 90 % in the additional
presence of a high dust SCR can be obtained.
SO2 emissions
Emissions of sulphur oxides mainly result from the presence of sulphur in the fuel. Natural gas is
generally considered free from sulphur. This is not the case for certain industrial gases and
desulphurisation of the gaseous fuel might then be necessary.
In general, for solid and liquid-fuel-fired combustion plants, the use of low sulphur fuel and/or
desulphurisation is considered to be BAT. However, the use of low sulphur fuel for plants over 100
MWth can, in most cases, only be seen as a supplementary measure to reduce SO2 emissions in
combination with other measures.
RAMBOLL & EKOPEN
Industrial Reforms and Policies - Final Report Annexes
page 31
Besides the use of low sulphur fuel, the techniques that are considered to be BAT are mainly the
wet scrubber (reduction rate 92 98 %), and the spray dry scrubber desulphurisation (reduction
rate 85 92 %), which already has a market share of more than 90 %. Dry FGD techniques such
as dry sorbent injection are used mainly for plants with a thermal capacity of less than 300 MWth.
The wet scrubber has the advantage of also reducing emissions of HCl, HF, dust and heavy metals.
Because of the high costs, the wet scrubbing process is not considered as BAT for plants with a
capacity of less than 100 MWth.
NOX emissions
The principal oxides of nitrogen emitted during the combustion are nitric oxide (NO) and nitrogen
dioxide (NO2), referred as NOx.
For pulverised coal combustion plants, the reduction of NOX emissions by primary and secondary
measures, such as SCR, is BAT, where the reduction rate of the SCR system ranges between 80
and 95 %. The use of SCR or SNCR has the disadvantage of a possible emission of unreacted
ammonia (`ammonia slip'). For small solid fuel-fired plants without high load variations and with a
stable fuel quality, the SNCR technique is also regarded as BAT in order to reduce NOX emissions.
For pulverised lignite and peat-fired combustion plants, the combination of different primary
measures is considered as BAT. This means, for instance, the use of advanced low NOx burners in
combination with other primary measures such as flue-gas recirculation, staged combustion (air-
staging), reburning, etc. The use of primary measures tends to cause incomplete combustion,
resulting in a higher level of unburned carbon in the fly ash and some carbon monoxide emissions.
In FBC boilers burning solid fuel, BAT is the reduction of NOX emissions achieved by air distribution
or by flue-gas recirculation. There is a small difference in the NOX emissions from BFBC and CFBC
combustion.
For new gas turbines, dry low NOX premix burners (DLN) are BAT. For existing gas turbines, water
and steam injection or conversion to the DLN technique is BAT. For gas-fired stationary engine
plants, the lean-burn approach is BAT analogous to the dry low NOX technique used in gas
turbines.
For most gas turbines and gas engines, SCR is also considered to be BAT. Retrofitting of an SCR
system to a CCGT is technically feasible but is not economically justified for existing plants. This is
because the required space in the HRSG was not foreseen in the project and is, therefore, not
available.
CO emissions
Carbon monoxide (CO) always appears as an intermediate product of the combustion process, BAT
for the minimisation of CO emissions is complete combustion, which goes along with good furnace
design, the use of high performance monitoring and process control techniques, and maintenance
of the combustion system. Some emission levels associated to the use of BAT for different fuels are
present in the BAT sections, however in this executive summary only the ones from gas-fired
combustion plants are reported.
Water contamination
Besides the generation of air pollution, large combustion plants are also a significant source of
water discharge (cooling and waste water) into rivers, lakes and the marine environment.
Any surface run-off (rainwater) from the storage areas that washes fuel particles away should be
collected and treated (settling out) before being discharged. Small amounts of oil contaminated
(washing) water cannot be prevented from occurring occasionally at a power plant. Oil separation
wells are BAT to avoid any environmental damage.
UNDP/GEF DANUBE REGIONAL PROJECT
ANNEX 3: TRAINING DOCUMENTATION
page 32
The BAT conclusion for wet scrubbing desulphurisation is related to the application of a waste water
treatment plant. The waste water treatment plant consists of different chemical treatments to
remove heavy metals and to decrease the amount of solid matter from entering the water. The
treatment plant includes an adjustment of the pH level, the precipitation of heavy metals and
removal of the solid matter. The full document contains some emission levels.
Waste and residues
A lot of attention has already been paid by the sector to the utilisation of combustion residues and
by-products, instead of just depositing them in landfills. Utilisation and re-use is, therefore, the
best available option and has priority. There are many different utilisation possibilities for different
by-products such as ashes. Each different utilisation option has different specific criteria. It has not
been possible to cover all these criteria in this BREF. The quality criteria are usually connected to
the structural properties of the residue and the content of harmful substances, such as the amount
of unburned fuel or the solubility of heavy metals, etc.
The end-product of the wet scrubbing technique is gypsum, which is a commercial product for the
plant in most EU countries. It can be sold and used instead of natural gypsum. Practically most of
the gypsum produced in power plants is utilised in the plasterboard industry. The purity of gypsum
limits the amount of limestone that can be fed into the process.
Co-combustion of waste and recovered fuel
Large combustion plants, designed and operated according to BAT, operate effective techniques
and measures for the removal of dust (including partly heavy metals), SO2 NOx, HCl, HF and other
pollutants as well as techniques to prevent water and soil contamination. In general, these
techniques can be seen as sufficient and are, therefore, also considered as BAT for the co-
combustion of secondary fuel. The basis for this is that the BAT conclusions and, in particular, the
emission levels associated with the use of BAT as defined in the fuel specific chapters. A higher
input of pollutants into the firing system can be balanced within certain limits by adaptation of the
flue-gas cleaning system or by limitation of the percentage of secondary fuel that can be co-
combusted.
RAMBOLL & EKOPEN
Industrial Reforms and Policies - Final Report Annexes
page 33
PROGRAMME
Training Workshop on Integrated Pollution Prevention and Control (IPPC)
and on Best Available Techniques (BAT)
Sarajevo January 25 26, 2007
Date: January 25, 2007 Day 1
Time
Topics
Speaker
9.00
Welcome and introduction to the seminar
John Adams
UNDP/GEF Danube Regional Project, component
Head Corporate Director
Industrial Policy as a part of the ICPDR activities
Ramboll
introduction
9.15
General introduction to IPPC
Thomas H. Owen PhD.
Managing Director Ekopen
- philosophy / procedure / - stakeholders
implementation of the directive in EU member states
10.15 Workshop Textbook Presentation
Eleonóra Bartková Project
Manager
10.30 Coffee Break
11.00 Introduction to BAT concept (objectives, BAT related
Eleonóra Bartková Project
Emission Limit Values and Environmental Quality
Manager
Standards
11.30 Discussion
Project team/ Participants
12.00 Lunch
13.00 Monitoring in Integrated Approach
Eleonóra Bartková Project
Manager
13.45 Discussion
Project
team/Participants
14.00 Use of BREFs
Eleonóra Bartková Project
Manager
15.00 Coffee
Break
15.30 Discussion about the BATs and the use of gained
Project team/Participants
knowledge
16.00 Working Groups Assignment 1
John Adams
Head Corporate Director
Ramboll
Participants/Facilitators
17.00 Working Groups Presentations of Assignment 1
Working Group Reporters
17.30 The end of the first day
UNDP/GEF DANUBE REGIONAL PROJECT
ANNEX 3: TRAINING DOCUMENTATION
page 34
Date: January 26, 2007 Day 2
Time
Topics
Speaker
8.30 BAT in selected industry (specially in cement industry)
Thomas H. Owen PhD.
Managing Director
Ekopen
9.30 Questions and Discussion
Project
team/Participants
10.00 Coffee Break
11.30 Working Groups Presentation of Assignment 2
Working Group
Reporters
12.00 Lunch
13.00 The end of Training Workshop
EVALUATION OF THE WORKSHOP
Twenty evaluation forms were filled out by participants of the workshop. Based on these evaluation
forms, it can be concluded that the workshop was highly successful, since most of the participants
answered with marks 5 and 4 to the questions asked.
All the participants confirmed that they received the invitation on time, as well as the agenda and
the workshop objectives.
Of twenty evaluation forms that were filled out, in seventeen of them it is stated that the workshop
fulfilled its objectives, while in only three of them it is said that objectives have been fulfilled
partially.
Marks given to each question are presented in the following table:
No. of participants No. of participants No.of participants who No.of participants No.of participants
Question
who gave mark 5
who gave mark 4
gave mark 3
who gave mark 2
who gave mark 1
Overall quality of the training
10
9
1
How was the level of
participation?
13
6
1
Were the training methods
appropriate?
8
11
1
What is the applicability of
the training content to your
working context?
3
13
4
As most important part of the training content the participants mentioned the following: "exchange
of experiences"; "presence of all people dealing with environment-related issues (entity, cantonal
and local level)"; "practical examples from both entities"; "presentations on BAT and BREFs"; "work
RAMBOLL & EKOPEN
Industrial Reforms and Policies - Final Report Annexes
page 35
in groups"; "discussion about concrete problems in vegetable and fruit processing industry" and the
like.
A large number of them gave comment that the entire workshop was very useful.
With regard to recommendations of what could be improved in future workshops, they gave the
following comments: "more practical examples"; "more examples from B&H"; "invite more people
in charge of environmental permitting and inspectors from smaller municipalities"; "more
workshops like this one".
Almost all participants mentioned that it is necessary to have more concrete examples, and more
examples from B&H which means that workshop, should be more adapted to local conditions.
Hence, this should be taken into account during organisation of future workshops.
UNDP/GEF DANUBE REGIONAL PROJECT
Industrial Reforms and Policies - Final Report Annexes
page 1
ANNEX 4
THE IMPACT OF BAT IMPLEMENTATION ANALYSIS
A.3. CASE STUDIES ON IMPACT OF BAT/IPPC IMPLEMENTATION
IN THE DANUBE RIVER BASIN
Introduction
It is anticipated that the introduction of the use of BAT by industries and agriculture would result in
a positive impact on surface water pollution in the DRB. The use of modern technologies which
produce lower pollution and the introduction of more stringent emission limit values reduce
discharges. The application of the BAT concept also leads to more efficient prevention for, by
example stressing the use of less dangerous substances as well changing behavior which is also an
important BAT factor.
While the benefits of the application of BAT are logical, the quantitative assessment of BAT
implementation impact is extremely difficult. It requires very detailed knowledge of the data in
each installation because the permitting process is installation specific. The data required for
impact calculation includes both the knowledge of technology status as well as current emissions.
Such data is not currently generally available and it can not be expected to be available in near
future. This means that only very broad estimates can be made with the limited data. The ICPDR
Draft Emission Inventory 2002 provides a good overview of discharges from the majority of
installations in the region which can be used for the estimation of BAT implementation impact.
Methodology
The estimate is based on more detailed knowledge of selected pilot IPPC installations/case studies
in two industrial sectors; chemical and pulp and paper. The pulp and paper industry was selected,
in part, because it is the largest discharger of COD accounting for almost 50% of total discharges in
the DRB (Emission Inventory 2002).
The detailed information gathered from the two installation case studies provided the data on the
reduction of pollution and other impacts due to BAT implementation at the installation. The order of
magnitude of reduction was confirmed by comparing average levels of concentration data from
installations in Germany which have already implemented BAT with those in installations in Croatia
and Romania which have not yet implemented BAT. The reduction in COD in the pulp and paper
case study was then projected to the rest of the pulp and paper installations in the 2002 EMIS
Inventory. This resulted in an estimate of the BAT implementation impact in that sector. The
calculation was based on simple multiplication. The reductions in pollutants in the pulp and paper
sector were then applied on a percentage bases to the total COD discharges. This resulted in a
general estimate which is consistent with the type and amount of data available. The estimate
should be used with caution recognizing that it is preliminary estimate. However, even with these
qualifications it is hoped that the estimate will be the starting point for further more detailed
calculations as more installations implement BAT and more installation specific data become
available.
UNDP/GEF DANUBE REGIONAL PROJECT
ANNEX 4: THE IMPACT OF BAT IMPLEMENTATION ANALYSIS
page 2
Impact analysis and estimation
Pulp and paper sector
The pilot installation Kappa Sturovo is a Slovak pulp and paper company which discharges waste
water into the Danube River The EMIS 2000 and 2002 inventory data were supplemented by 2005
data which were obtained during a site visit to the company. The company is in the process of
obtaining an integrated permit for the pulp and paper installation and an integrated permit for its
large combustion plant has already been issued. The following table shows the emission data for
2000, 2002 and 2005.
Table 1. Emissions in the pilot installation Kappa Sturovo in 2000, 2002 and 2005
Pollutant Unit
Total load discharged
Year 2000
Year 2002
Year 2005
Waste water volume
Thousand m3 /year 12823 12600 9700
COD
t/year
7489 6310 3000
BOD t/year 2963
2140
970
TOT-N t/year
84,6
4,3
19
TOT-P t/year
498
96
39
SS
t/year
2411 2430 1500
Non polar extractable
t/year -
14
5,5
substances
Dissolved inorganic
t/year
6180 5500 4300
substances
The 2005 data show a reduction of waste water volume as well as total load of pollutants
discharged as a result of technology and waste water treatment changes. In 2004 the company
introduced a change of pulp production technology to non-sulphur technology and changed the
mechanical treatment of waste water to anaerobic and aerobic treatment. As seen from Table 1 the
technology and waste water treatment resulted in significant reduction of waste water volume and
all substantial pollutants while the production capacity has not changed. The changes resulted in a
more than 50 % reduction in some pollutants (BOD, COD).
Additional calculations based on average concentration of pollutants in wastewater were done for
installations which indicated the use of BAT (Germany) and companies which use out of date
technologies (Romania, Croatia). The results confirm an almost 50 % difference in those
companies which use BAT. Unfortunately the specific BAT parameters can not be calculated as the
production capacities are not known.
In conclusion it can be seen that the use of BAT in non-EU countries can result in significant
reduction of industrial pollution which can reach more than 50% in the case of COD. The total
annual COD emission in the pulp and paper sector in 2002 (excluding Austria and Germany where
RAMBOLL & EKOPEN
Industrial Reforms and Policies - Final Report Annexes
page 3
BAT was already in place) was 53,306 t/a. Therefore applying the estimate of a 50% reduction
would result in a reduction in pulp and paper industrial COD discharges of 26,653 t/a.
The total number of pulp and paper installations in the DRB excluding Austria and Germany is 21
and their distribution by country is seen in Table 2. Non-EU countries have 12 installations with
potential reduction of pollutants similar to the pilot installation.
Table 2. Pulp and paper installations in DRB countries
Bosnia i Herzegovina
1
Bulgaria 1
Croatia 1
Czech Republic
3
Hungary 3
Romania 5
Slovakia 1
Slovenia 2
Ukraine 4
COD total
53306,86 t/year
Chemical sector
The Novaky Chemical Plant was selected as a pilot installation. The company produces a large
volume of inorganic and organic chemicals. The company is very complex. It has 12 IPPC
installations and three IPPC permits have already been issued (ethylene chloral hydrine, dichlorl-
ethane and poly-vinyl alcohol/poly-vinyl acetate).
Table 3. Emissions in the pilot installation Novaky Chemical Plant in 2000 and 2002
Pollutant Unit
Total load di
scharged
Year 2000
Year 2002
waste water volume
Thousand m3 /year 4853 5890
COD (chemical oxygen demand)
t/year 1391
1990
BOD5 (biological oxygen demand)
t/year 282
545
SS (suspended solids)
t/year -
101
Hg (mercury)
t/year -
.2
non polar extractable substances
t/year -
3.5
dissolved inorganic substances
t/year -
31500
Discussions with representatives of Nováky Chemical Plant during the site visit showed the very
high complexity of the problem and therefore it is not realistic to come with any quantitative
estimates.
Nevertheless, the discussions also confirmed that technological changes and the use of BATs have
already resulted in reduction of pollutants in the three IPPC installations which received integrated
permits. The company is undergoing further technological changes which will result in significant
UNDP/GEF DANUBE REGIONAL PROJECT
ANNEX 4: THE IMPACT OF BAT IMPLEMENTATION ANALYSIS
page 4
reduction in mercury discharge (de-mercurisation) as the emission limit values exceed almost 100
times the BAT required values.
Food sector
Simple calculations of average concentrations of some pollutants in discharges in installations in EU
member countries and those in non-EU countries have shown significant differences in favor of EU
countries. The differences in average concentrations were up to 50 % higher in non-EU country
installations. Unfortunately, the lack of more detailed data makes more reliable estimates for this
group of industries impossible.
Conclusion
The above analysis shows clearly that the hypothesis of that BAT implementation will have a
positive impact on pollution reduction in the DRB is correct. The reduction of 50% estimated for
COD for the pulp and paper industry would result in an annual reduction of 26,653 t/a in that
sector. Applying the same calculation to total industrial COD discharges of 133,950 t/a (excluding
Austria and Germany) the reduction would be 66,975 t/a. As was mentioned in the introduction the
estimates are very preliminary and based upon the data available so caution should be used in
their use. Actual reductions may be higher or lower and are subject to a variety of factors which
are not part of this analysis for example the closure of installations and new installations which
may be built. Nevertheless, it is anticipated that these estimates will be only the first step in
developing estimates for future pollution reductions due to the implementation of BAT and other
measures in the DRB.
RAMBOLL & EKOPEN
