Adaptation of Industrial Plants to Best Available Technology

Council Directive 96/61/EC concerning integrated pollution prevention and control (IPPC) is an important EU framework regime for the control of polluting emissions from major industrial sources. The concept of BestAvailable Techniques (commonly known as BAT) is the core element of the Directive and permits issued for industrial installations need to take account thereof. Therefore, the proper implementation of the IPPC Directive vis-a-vis individual installations can be assessed, among others, on the basis of whether or not BAT applies. Whilst the concept of Best Available Technology (used by the predecessor of the IPPC Directive) is less stringent, the European Court of Justice has taken a strict approach regarding its application by Member States and the adaptation of existing installations to this concept.