IED: BAT conclusions application dates

The European Commission (Directorate General for Environment) has confirmed its position in relation to new and existing installations under the Industrial Emissions Directive (IED). According to the note sent by the Commission to the Member States:

• For new installations, the provisions of the IED will apply from 7 January 2013.
• For existing installations, the provisions listed in Article 80(1) of the IED will apply from 7 January 2014.
• For both new and existing installations, as long as the application of Best Available Techniques (BATⁱ) conclusions adopted in accordance with the new regime cannot be ensured, the conclusions on BAT from any BAT Reference Documents (BREFs) adopted under the former Industrial Pollution Prevention and Control (IPPCⁱ) Directive shall apply as BAT conclusions with the exception of their application to setting Emission Limit Values (ELVs) [Article 15 (3)] and derogations [Article 15 (4)].

Based on the above, CEMBUREAU believes that ELVs and derogations will not be derived from conclusions on BAT from the Cement BREF until it has been revised under the IED. Nevertheless, cement installations are not exempt from complying with the application of BAT conclusions from the Cement BREF other than under Article 15(3) and (4) by early 2014.