SERVICE REQUEST - ANNEX Specific Terms of Reference

Transcription

1 Ref. Ares(2016) /06/2016 SERVICE REQUEST - ANNEX Specific Terms of Reference Preliminary determination of Key Environmental Issues for Industrial Sectors in BREF reviews under the Industrial Emissions Directive 1. GENERAL INFORMATION Directive 2010/75/EU on industrial emissions1 (IED) is the main EU instrument regulating pollutant emissions from industrial installations. The IED aims to achieve a high level of protection of human health and the environment taken as a whole by reducing harmful (agro-) industrial emissions across the EU, in particular through application of Best Available Techniques (BAT). Around installations are covered by the IED and these are required to operate in accordance with permits issued by Member State competent authorities. The permits have to include emission limit values (ELVs) for polluting substances based on BAT, as defined in Article 3(10) of the IED. BAT is described for each sector in reference documents, the socalled BREFs2. The BAT Conclusions is a document containing the parts of a BAT reference document with conclusions on best available techniques and their associated environmental performance levels (BAT-AEPLs), including the associated emission levels (BAT-AELs). New or revised BREFs containing BAT Conclusions are developed through an exchange of information defined under Article 13 of the IED, involving Member States, industries concerned, non-governmental organisations promoting environmental protection and the Commission. The IED provides for BAT Conclusions to be adopted by the Commission as implementing acts. The IED gives a more enhanced role to the BAT Conclusions in the permitting of industrial installations by requiring them to serve as the reference for competent authorities when setting or revising permit conditions of IED installations. The aim of this is to ensure improved environmental performance through a more consistent uptake of BAT across the EU. The rapid adoption of high quality BAT conclusions for all IED sectors will enable those environmental benefits to be more quickly realised. The aim is to complete adoption of BAT Conclusions for all sectors by 2020, as set out in the EU's 7th Environmental Action Programme3. Whilst this is intrinsically a challenging target, delays in the BREF reviews and adoption of BAT Conclusions would postpone the full implementation of the IED and delay fulfilment of its objectives. To speed up the process it is desirable to make more effective and better use of the available resources for the BREF reviews

2 Although subject to change, the current expectations for the timing of relevant BREF review kick-off meetings are: Common Waste Gas Treatment in the Chemical sector BREF - Kick off meeting early 2017; Textiles BREF - Kick off meeting first half of 2017; Slaughterhouses BREF - Kick off meeting towards the end of 2017 Smitheries and Foundries BREF and Ceramic Manufacturing BREF - Kick off meetings likely to be after completion of this contract. 2. FOCUSING ON KEY ENVIRONMENTAL ISSUES The gathering of more information and its more in-depth assessment during the BREF review is expected to contribute to improving the quality, the environmental effectiveness and consistency of the BREFs and BAT Conclusions across sectors. To achieve this, the review process can be facilitated by focusing efforts on a more limited set of issues of key environmental importance for each sector. This would enable the effectiveness of the information exchange process defined under IED Article 13 to be further improved. The Commission itself has published a number of studies which assess topics relevant to identifying the key issues for different sectors4. Discussions at the IED Article 13 Forum and some Technical Working Groups (TWG) indicate general support for improving the environmental effectiveness of the information exchange procedure through "frontloading" and a more "focused approach". "Frontloading" means early preparation for the information exchange so as to allow timely submission of necessary information and avoiding the collection of unnecessary data. A "focused approach" means building on the existing BREF and updating only those parts required for deriving BAT Conclusions by targeting environmental issues of major importance. Both "frontloading" and "focused approach" require an early identification of and focus on the Key Environmental Issues (KEIs) for each BREF review. Targeting KEIs during the information exchange is also referred to in the BREF Guidance Commission Decision5. This states in Section that the BREF should give "...an indication of the key environmental issues for the sector, where possible While the term key environmental issues is not explicitly defined, it can be considered to refer to those issues for which the BAT Conclusions have the highest likelihood of resulting in noteworthy environmental benefits. 4 See: and 5 Commission Implementing Decision 2012/119/EU of 10 February 2012 laying down rules concerning guidance on the collection of data and on the drawing up of BAT reference documents and on their quality assurance referred to in Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions 2

3 One of the main tasks of a TWG member, as set out in the BREF Guidance, is to "identify and list new/updated key data and issues relevant for deriving or updating BAT conclusions for the sector". This can be understood as covering the need to identify the areas where there is the highest likelihood of additional environmental benefit. The Commission has identified four criteria which could be applied in selecting KEIs, which were endorsed by the Forum in October The criteria are: 1. the environmental relevance of the pollution (air, water, soil) or generation of waste or consumption (e.g. of water, energy, materials) caused by the activity or process concerned, i.e. whether it may cause an environmental problem; 2. the significance of the activity in terms of number of installations, their geographical spread and their contribution to the total emissions in the EU; 3. the potential of the BREF review for identifying new or additional techniques that would further significantly reduce pollution; 4. the potential of the BREF review for defining BAT-AEPLs that would significantly improve the level of protection for the environment as a whole in comparison with the current emission / consumption levels. There may be benefit in further developing or elaborating these. For example other important factors which may be of relevance to identifying KEIs could be the priorities of the European Union, the Commission Work Programme and the 7 Environmental Action Programme, while aspects of the Circular Economy which may be relevant include resource efficiency, water reuse, industrial symbiosis and substitution of hazardous substances. It was anticipated that the application of the criteria would be facilitated by the gathering of the following information before the BREF review starts or at a very early stage of a BREF review: the pollution of the activities concerned and their broader environmental relevance; the general environmental performance of techniques applied within the sector; the recent evolution of techniques applied in the sector, or evolution of relevant techniques in other sectors, and their environmental performance. 3. SUBJECT OF THE SERVICE REQUEST The identification of KEIs is already part of the established practice of the Sevilla process. The objective of this Service Request is to develop and implement an approach to identifying KEIs in advance of the information exchange under Article 13 of the IED for the review or drawing up of BREFs and their BAT Conclusions. Streamlining the identification of KEIs could enhance the environmental effectiveness of drawing up or reviewing BREFs, facilitate the information exchange process and contribute 3

4 to building an understanding of industrial sectors in terms of their potential for improved environmental performance. In line with the principles of the overall information exchange process, the determination of the KEIs for a BREF needs to be fact-based and rely on sound data. The practical approach to be developed in this Service Request shall be applied to certain sectors for which the BREF review is expected to start soon to test its adequacy, flexibility and effectiveness as well as to identify weaknesses and make recommendations for further improvements to the approach. 4. TASKS 4.1 General task information The tenderer should set out the specific methodology that is proposed to deliver the work necessary to complete this service request. In general terms the Commission anticipates that the work will entail at least the elements listed in these terms of reference, however the tenderer is expected to elaborate or expand on the activities proposed where necessary. The tenderer is expected to describe how the tasks will fit together both in terms of timing and substance. This should be based on robust knowledge (literature research, comparison of national practices and guidance in this field) and practical examples or demonstrations. Throughout the contract the contractor shall regularly inform the Commission of the progress of the work and any important issues that may arise. All tasks described in these specifications are the responsibility of the contractor but must be carried out in close co-operation with the Directorate General Environment of the European Commission, in particular with Unit C4 'Industrial Emissions' and with the European IPPC Bureau. Furthermore it may involve contacting relevant stakeholders. An overview of the expected deliverables and deadlines is available in Chapter 7.2.below. The effort required for each task shall be clearly identified by the tenderer, but it is expected that Task C will require the largest share of the resources. 4.2 Tasks to be performed The contractor shall perform the following tasks: Task A: Identification of data sources. Task B: Elaboration of a practical approach to identify KEIs. Task C: Application to specific sectors for which the BREF review is expected to start soon. 4

5 4.2.1 Task A - Identification of data sources The contractor shall identify the required data sources to gather the appropriate information, with adequate coverage, detail and relevance, for identifying the KEIs for different sectors. The approach shall be based on available data sources and not rely on ad-hoc consultations with the Member States and other stakeholders. Possible data sources should as a minimum include: relevant literature; current BREFs for different sectors; recent studies (including industry association reports) on the current situation and future trends of different sectors; recent studies related to the contribution of various industrial sectors to emissions;6 input from databases like E-PRTR, WaterBase, etc.; recent studies on technological developments and innovation; representative examples of permits from different Member States. These data sources should be analysed and discussed in the light of: the way BREFs and BAT Conclusions are used by national competent authorities for permitting IED installations; the way the information exchange process defined under Article 13 of the IED operates; the lessons learnt and the experience gained from implementation of the IED; the way TWGs currently identify KEIs in BREF reviews. The contractor is invited to consider whether there are additional robust and relevant data sources which could contribute to complementing and improving the analysis Task B -Elaboration of a practical approach to identify KEIs The starting point for the approach to identifying KEIs are the criteria endorsed by the Forum at the end of 2015 (see Section 1 above). It is desirable to consider further whether and in what ways these criteria can or need to be enhanced or better defined, for example in relation to elements such as the 7th Environmental Action Programme and the Circular Economy. In doing this the contractor shall verify their applicability by demonstrating the availability of relevant information. The contractor shall seek input and views from stakeholders and other relevant bodies including the Commission. Based on the inputs received and the analysis and assessment they will have carried out, the contractor shall elaborate and further specify in operational terms the criteria for the KEIs in agreement with the Commission. Among the aspects considered shall be the interaction 6 e.g. AMEC study on: "Contribution of industry to pollutant emissions to air and water",

6 between sector specific and cross-cutting BREFs, in particular with regard to the chemicals sector, cooling and energy efficiency. If appropriate, the contractor will identify possible complementary criteria that would serve the overall objective of improved environmental effectiveness of the BREF reviews. The contractor shall develop and document a practical procedure for the identification of KEIs that can be applied to different sectors prior to starting to draw up or review BREFs. This procedure must be usable in a transparent manner. After consultation with the European Commission, a member of the Contractor's staff shall present the outcome of this task in person to the Industrial Emissions Expert Group (IEEG) or to the IED Article 13 Forum. After the presentation the Contractor shall consider the feedback received to this presentation and if appropriate make modifications to the procedure Task C - Application to specific sectors The contractor, in close collaboration with the Commission and the European IPPC Bureau and relevant stakeholders, will gather the necessary off the shelf data, apply the practical approach developed in Task B and develop "KEI Guidance Documents" (KGDs) for the agreed sectors for which the BREF review is expected to be starting during or soon after the completion of this study. Each KGD shall be a self-standing document. Its main content shall be an initial identification of the KEIs for the sector and the main rationale for this; its main purpose is to serve as an initial discussion paper for the TWG to be able to agree the KEIs at a very early stage of a BREF review. Tenderers should elaborate in their offers on the structure and content of the KGDs and include any specificities of the relevant sectors. While the sectors to be addressed will need to be confirmed by the Commission at the start of the project, it is expected that they will comprise the following: Textiles Industry; - Slaughterhouses and Animal By-products; Smitheries and Foundries; Ceramic Manufacturing. Depending on the speed at which work under this contract can proceed as well as progress with the work programme for the exchange of information under the IED and in consultation with the European IPPC Bureau, it may be appropriate to replace one of these with the Common Waste Gas in the Chemical sector. 6

7 The preparation of the KGDs shall fit to the needs and timetable of the BREF review process. As far as possible, the elaboration of the KGDs should be carried out consecutively so as to allow iteration and improvement of the approach based on experience with the preceding KGDs. In the preparation of each KGD, it is expected that the contractor will go beyond the mere application of a standard methodology; they should be able to complement the methodological element with sound expert judgement based on experience in the specific sector. Draft KGDs shall be submitted to the European Commission which shall verify the quality and completeness of the work performed prior to them being submitted to the BREF review. If the timeframe of the project allows doing so a member of the Contractor's staff shall present the outcome of the work in Task C for the first two abovementioned sectors in person to the relevant BREF review Kick off Meetings as input to their work and in order to obtain feedback on the identified approach and its practical feasibility. This feedback shall be considered and where relevant the approach to producing subsequent KGDs shall be modified. Based on its overall experience of applying the practical approach to the specific sectors, the contractor will analyse in depth its applicability and any problems identified, and shall modify the draft approach accordingly to improve its application to future BREF reviews. 5. ESTIMATED EXPERTISE REQUIREMENT The tenderer should demonstrate and guarantee the appropriate involvement of senior staff with in-depth knowledge of the four sectors that will be addressed in this service request and sound expert judgement based on experience in these specific sectors. 6. MEETINGS The working language at all meetings will be English. The contractor shall submit minutes of any such meetings, video and phone conferences within 5 working days for approval by the Commission. 6.1 Kick-off meeting A kick-off meeting will be organised in Brussels between the contractor and the Commission Services within two weeks after signature of the contract. At this meeting, the contractor will present its proposed methodology to perform the contract and address any questions by the Commission on the planned work. 7

8 6.2 Co-ordination meetings In addition to the kick-off meeting, the contractor shall be available, upon request of the Commission, to organise on demand at least 2 video or audio conference meetings and be available to attend one meeting in Commission premises in Brussels to discuss the progress and the various reports. The contractor shall organise phone conferences throughout the duration of the contract as necessary to discuss questions but at least once a month to report on progress. The contractor shall submit the draft minutes of any such meetings within two weeks after the meeting. 6.3 Presentation of work The Contractor shall present the outcome of Task B to the Industrial Emissions Expert Group (IEEG) or to the IED Article 13 Forum in Brussels. It is expected that the Contractor will travel to Seville in order to present the outcome of the KGDs for the first two sectors developed in Task C to the BREF review Kick off Meetings for the relevant sectors, provided the timeframe of the project allows this. 7. DELIVERABLES 7.1 Report specifications The overall content and format requirements are outlined in Chapter 4 of the Framework Contract. This section only provides additional specifications. All the reports, guidance documents and any additional documentation produced in the context of this contract shall be in English. The abstract of the final report will be also in French and German. All documents have to be written in clear, understandable and correct language. The documents should be concise, straightforward and easy to follow, with a clear layout and structure, appropriate contents page, glossary, abbreviations and executive summary. All reports shall be provided electronically both in a PDF and Microsoft Office 2010 compatible format. Additionally 3 colour-print paper copies of the final report shall be provided. Where colours are used (e.g. in graphs) the formatting should be chosen in a manner that allows identifying the information also in black and white prints. Apart from the actual findings, the final report shall include a chapter with a standalone description of the final proposed approach and an annex with an overview of all information sources that have been accessed. The final report shall include: an abstract of no more than 200 words; an executive summary of maximum 6 pages. 8

9 7.2 Deadlines for deliverables The timetable of the deliverables is the following: Inception report summarising the kick-off meeting report setting out the methodology, any amendments to it and the time schedule for the work: within 2 weeks of the kick-off meeting; Intermediate report covering Task A and preliminary results for Task B: within 3 months of the start of the project; Second intermediate report covering Task B and preliminary work on Task C: within 5 months of the start of the project; Draft final report covering Tasks A to C including the four KGDs previously submitted to the TWGs taking into account the feedback from the BREF review Kick-off Meetings if the timeframe of the project allow this: within 17 months of the start of the project; Final report, taking into account the comments from the Commission on the draft final report: within 18 months of the start of the project. 8. DURATION OF THE TASKS The tasks should be completed within 18 months of the signature of the contract. The execution of the tasks may not start before the contract has been signed. 9. PLACE OF PERFORMANCE The place of performance of the tasks shall be the contractor's premises or any other place indicated in the tender, with the exception of the Commission's premises. 10. AWARD CRITERA The award criteria used will be those set out in Annex 7 of the Framework Contract. 11. BUDGET The estimated maximum budget is EUR The interim payment foreseen in the Framework Contract will be made when the second intermediate report is delivered and approved by the Commission. 9