ČPŽP 60

vědecká TÉMAta

2/2021

BAT Conclusions for Large Combustion Plants Annulled – A Disincentive to High Protection of Environment?

Abstract The objective of the Act on Integrated Prevention is to achieve a high level of protection of the environment as a whole. The main instrument of the integrated prevention is the use of best available techniques (so called BAT). Authorities responsible for issuing integrated permits must base the permit conditions on the conclusions on best available techniques. In 2017 at the EU level the BAT Conclusions for large combustion plants were adopted in the form of the implementing decision of the European Commission. Nevertheless, in January 2021 the EU’s General Court annulled the above decision setting out the BAT Conclusions in the context of proceedings Poland v Commission (Case T-699/17). The judgment ordered that the BAT Conclusions continue to have effect until the entry into force of a new implementing decision replacing the previous one, however at the latest by 27 January 2022. The article discusses the nature of BAT, resp. BAT Conclusion, in the context of integrated prevention, at both EU and national levels, and assesses the practical implications of the annulment decision. Klíčová slova: Závěry o BAT, BREF, integrovaná prevence, nejlepší dostupné techniky (BAT), průmyslové emise Key words: BAT Conclusions, BREF, best available techniques (BAT), integrated preven- tion, industrial emissions

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