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IPPC implementation in Poland – special focus on public participation in process of issuing IPPC permits. INFRA 32645 Ankara, Turkey 5-6 November 2009 Artur Dąbrowski. INDEX. Where I am from ? General Info about IPPC in Poland Main steps in the implementation
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INFRA 32645 Ankara, Turkey 5-6 November 2009 Artur Dąbrowski
Mazovia Region is located in
middle-eastern part of Poland
to achieve integrated prevention and control of pollution arising from a wide range of activities by means of measures to prevent or, where that is not practicable, to reduce emissions from industrial facilities to air, water and land, including measures concerning waste, in order to achieve a high level of protection of the environment as a whole
This laws came into force on 01.10.2001
( provisions transposing IPPC requirements on 01.01.2002)
Regulation of 26.07.2002 of the MoE on the types of installations that cause considerable pollution of particular elements of nature and environment as a whole (transposition of Annex1)
Regulation of 04.11.2002 of the MoE on the registration feesExecutive orders
Poland negotiated a 3 years transitional period extending the deadline for full compliance with BAT till 31.12.2010 for the following groups of installations:
Permit granting Authorities:
Marshal of the Voivodeship (regional administrators 16) for installation that can have a significant impact on environment, subject to a statutory requirement to provide a report concerning their impact on environment
Starost (county administrators 380) for other installation from Annex 1Institutions
Elaboration of guidelines and manuals
to gather together representatives of industry, authorities, science, etc
to create forum of exchanging information on IPPC and BAT
to elaborate branches guidelines for specific sectorsMain steps in the implementation (4)
Trainings for administration and conferences and seminars for industry
Developing BAT Center and continuing its work on BREFs
Disseminating of Guidelines
Updating IPPC website
Providing industry with relevant information
Performing the pre-inspection to determine the progress in delivering application and effectiveness of permit granting procedure
Integrating existing national databases in accordance with EPER requirements
Join process of elaboration of the BREFs by EIPPCB in SevilleMain steps in the implementation (7)
Directive 2003/35/EC (covers public participation in drawing up certain plans and programmes) and updates provisions on public participation in permitting procedures at national level under Environmental Impact Assessment (EIA) and IPPC, and introduces access to justice rules.
„The public” shall mean one or more natural or legal persons and, in accordance with national legislation or practice, their associations, organisations or groups;
„The public concerned” shall mean the public affected or likely to be affected by, or having an interest in, the taking of a decision on the issuing or the updating of a permit or of permit conditions; for the purposes of this definition, non-governmental organisations promoting environmental protection and meeting any requirements under national law shall be deemed to have an interest;
„Member States shall ensure that the public concerned are given early and effective opportunities to participate in the procedure for:
- issuing a permit for new installations,
- issuing a permit for any substantial change in the operation of an installation,
- updating of a permit or permit conditions for an installation (…)”
1. The public shall be informed (by public notices or other appropriate means such as electronic media where available) of the following matters early in the procedure for the taking of a decision or, at the latest, as soon as the information can reasonably be provided:
(a) the application for a permit or, as the case may be, the proposal for the updating of a permit or of permit conditions (…);
(b) where applicable, the fact that a decision is subject to a national or transboundary environmental impact assessment or to consultations between Member States (…);
(c) details of the competent authorities responsible for taking the decision, those from which relevant information can be obtained, those to which comments or questions can be submitted, and details of the time schedule for transmitting comments or questions;
(d) the nature of possible decisions or, where there is one, the draft decision;
(e) where applicable, the details relating to a proposal for the updating of a permit or of permit conditions;
(f) an indication of the times and places where, or means by which, the relevant information will be made available;
(g) details of the arrangements for public participation and consultation.
2. Member States shall ensure that, within appropriate time-frames, the following is made available to the public concerned:
(a) in accordance with national legislation, the main reports and advice issued to the competent authority or authorities at the time when the public concerned were informed
(b) in accordance with the provisions of Directive 2003/4/EC (…) on public access to environmental information, information other than that referred to in point 1 which is relevant for the decision (…) and which only becomes available after the time the public concerned was informed in accordance with point 1.
3. The public concerned shall be entitled to express comments and opinions to the competent authority before a decision is taken.
4. The results of the consultations held pursuant to this Annex must be taken into due account in the taking of a decision.
5. The detailed arrangements for informing the public (for example by bill posting within a certain radius or publication in local newspapers) and consulting the public concerned (for example by written submissions or by way of a public inquiry) shall be determined by the Member States. Reasonable time-frames for the different phases shall be provided, allowing sufficient time for informing the public and for the public concerned to prepare and participate effectively in environmental decision-making subject (…)
„When a decision has been taken, the competent authority shall inform the public in accordance with the appropriate procedures and shall make available to the public the following information:
(a) the content of the decision, including a copy of the permit and of any conditions and any subsequent updates; and
(b) having examined the concerns and opinions expressed by the public concerned, the reasons and considerations on which the decision is based, including information on the public participation process.”
Placing of documents in a publicly accessible record;
Notifying the public about the initiation of a procedure, the possibility of becoming familiar with the documentation of the procedure, and the possibility of submitting comments and recommendations;
Becoming familiar with the documentation;
Submitting comments and recommendations;
Cosideration of comments and recommendations by a competent authority;
Notifying the public about the decision made and the possibility of becoming familiar with it together with the accompanying information on the submitted comments and recomendations and the ways in which they were used.
Moreover, the competent authority may conduct a public administrative trial.
Step 1: Drawing up a plan of public notification and public participation
Step 2: Identifying target groups for public notification and public participation
Step 3: Notification of the public
Step 4: Collection of public comments and recommendations
Step 5: Examination of public comments and recommendations
Step 6: Assessment of the results of public participation
Tel. +48 22 5979686