How to award exemptions from best available techniques? We have proposed a decree that clarifies the application process to receive an exemption due to disproportionate costs. The methodology is based on a comparison of the environmental significance and the operating economy of the pollution source that would be required to invest in measures that lower emissions.

The project objective was to draw a proposal for a decree for awarding exemptions from best available techniques (BAT) pursuant to Article 15 of Directive 2010/75/EU, which sets out that an operator may be awarded a BAT exemption due to disproportionate costs. The project involved a legal analysis based on existing judgments in the area of proportionality of regulation, followed by a proposal of a methodology for awarding exemptions, including calculation tables for costs and benefits of regulation.

An assessment of an application for an exemption has to be based on a comparison of the environmental significance of the pollution source and the economy of the investment being assessed. The environmental significance of the pollution source is derived from its legal classification and inclusion of certain special regimes (such as so-called pollution-significant source or listed source) and the difference between the emission limits set according to BAT and the size of emission limits proposed in the application for an exemption. The assessment of the economy of investment is based on the proposal for investment cost calculation when shifting to BAT. The application assessment is made based on a comparison of the environmental significance of the pollution source and the economy of the required investment. Basic proportionality assessment principles: (1) suitability – whether the measure allows achievement of the target; (2) necessity – whether the target can be achieved better with a different means; (3) interference minimisation – whether the measure poses as little restriction on its recipients as possible.

The outcomes were incorporated in a decree under the Integrated Prevention Act. The outcomes increase the transparency and predictability of the BAT exemption awarding process, which benefits both the state administration and operators of facilities in the integrated prevention regime.

Project team: doc. Ing. Ondřej Vojáček, Ph.D.; Mgr. Ladislav Sobotka, Ing. Tomáš Smejkal