A comparison of the implementation of council directive 88/609/EEC (the large combustion plants directive) in the Netherlands and in Spain

Abstract

This study compared the implementation of the Large Combustion Plants Directive, LCPD for short (Council Directive 88/609/EEC) in two EU Member States: The Netherlands and Spain. Significant differences were found between the two Member States. The Netherlands already regulated the emissions from large stationary sources prior to the issuing of this Directive. In most of the cases the standards enforced by the Netherlands were either more stringent than, or at least as stringent as, the European Standards. As a consequence the Netherlands had to do only some minor adjustments to its national legislation in order to transpose fully the LCPD. Spain however had to replace the existing legislation with the transposition of the Directive since the standards in force prior to the issuing of Council Directive 88/609/EEC were below the European standards. The difference in the standards enforced by these two Member States led to the adoption of different compliance strategies and hence different percentage reductions in the total yearly emissions of sulphur dioxide and nitrogen oxides. The Netherlands reduced its yearly emissions of sulphur dioxide from ‘existing’ plants by 58% from 1990 to 1998, whilst during this period; Spain managed only a decrease of 31% in the yearly emissions of this gas from the same type of plant. The difference is even more noticeable for emissions of nitrogen oxides (from ’existing’ plants). From the 1990 to the 1998 the Netherlands achieved a reduction in the yearly emissions of nitrogen oxides from ‘existing’ plants of 65%, whilst during the same period Spain increased its yearly emissions of this pollutant from the same sort of plant by 20%. The structures set up by the Netherlands in order to ensure compliance with the Directive were studied through a questionnaire. This exercise revealed that both the permitting and enforcement authorities are understaffed. This did not however influence the high level of compliance achieved by the regulatees. The questionnaire was also sent to the Spanish competent authorities, however no reply was received.