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Final provisions

Chapter VII contains provisions on, inter alia, reporting by Member States, amendments of annexes, and the adoption of delegated acts. There are also rather extensive transitional provisions and specific dates for the transposition of certain parts of the IED. But since all the relevant dates have now passed, these are of mostly historic interest and the Directive is applicable to its full extent.

Member States must determine effective, proportionate, and dissuasive penalties applicable to infringements of the national provisions that implement the Directive

(Art 79).

The Commission has been authorised to adapt some of the technical provisions in the annexes to scientific and technical progress by means of delegated acts. This includes provisions on emission monitoring and assessment of compliance with ELVs for combustion plants and waste (co-) incineration plants. However, this delegation of power may be revoked by the European Parliament or by the Council, who may also object to adopted delegated acts. (Arts 74, 76—78.)

Member States shall ensure that information is made available to the Commission on the implementation of the IED; on representative data on emissions and other forms of pollution; on ELVs; on the application of BAT, in particular on the granting of exemptions; and on progress made concerning the development and application of emerging techniques. Based on this data the Commission shall, by 7 January 2016, and every three years thereafter, publish a report reviewing the implementation of the Directive. It shall include an assessment of the need for Union action through the establishment or updating of Union-wide minimum requirements for ELVs and for rules on monitoring and compliance for activities within the scope of the BAT conclusions adopted during the previous three-year period. (Arts 72—73.)

Further Reading

M Doppelhammer ‘More Difficult than Finding the Way round Chinatown? The IPPC Directive and Its Implementation’ (2000) 9 European Energy and Environmental Law Review 199—206

B Lange Implementing EU Pollution Control: Law and Integration (Cambridge University Press, 2008)

B Lange ‘The EU Directive on Industrial Emissions: Squaring the Circle of Integrated, Harmonised and Ambitious Technology Standards’ (2011) 13 Environmental Law Review 199-204

M Lee EU Environmental Law, Governance and Decision-Making (2nd edn, Hart Publishing, 2014) Chap 5

F Oosterhuis and M Peeters ‘Limits to Integration in Pollution Prevention and Control’ in M Peeters and R Uylenburg (eds) EU Environmental Legislation. Legal Perspectives on Regulatory Strategies (Edward Elgar, 2014) 91-115.

J Sanden ‘Coherence in European Environmental Law with Particular Regard to the Industrial Emissions Directive’ (2012) 21 European Energy and Environmental Law Review 22-38

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