European Commission to apply BAT conclusions to CLM BREF

In mid-February, the European Commission launched the process to transform relevant parts of the Cement, Lime and Magnesium Oxide BREF into Best Available Technique (BAT) conclusions under the Industrial Emissions Directive (IED). 

The process has not been welcomed by the European cement association, Cembureau. “Cembureau is very disappointed with the uncalled for initiative of the European Commission to apply BAT conclusions, newly imposed by the IED (2010/75/EU adopted on 24 November 2010), to the Cement, Lime and Magnesia Oxide (CLM) BREF which was finalised and adopted in May 2010, under the previously applicable legislation, the IPPC Directive (2008/1/EC).Such retrospective requirement makes the legal framework uncertain and violates the legislative expectations of the European cement industry,” the association told CemNet.

 “The CLM BREF was adopted and reviewed under the framework of the IPPC Directive with the legitimate expectation that this BREF could only be applied within that framework. The fact that this is repeatedly specified in the CLM BREF itself clearly shows that this BREF was intended to be applied under and in accordance with the IPPC rules.

 “It was thus also legitimately expected that BAT Conclusions under the IED would only be adopted by the Commission at a later stage when the CLM BREF is revised in accordance with and within the framework of the IED. Only this approach would comply with the principle of legitimate expectations and in line with the principle of legal certainty,” said Cembureau head of communications, Jessica Johnson.

Cembureau has submitted technical comments to the Commission’s proposal and informed CemNet that it will “actively participate in the Cement & Lime BREF Technical Working Group (TWG).”