EU states condemned for green breaches

Court chastises Luxembourg over IPPC directive, Malta over PCBs; advisor makes airport EIA recommendation

The European court of justice has condemned Luxembourg for incorrect transposition of the EU's 1996 directive on integrated pollution prevention and control (IPPC) into national law.

In a ruling last week EU judges upheld complaints raised by the European commission. The commission said Luxembourg wrongly required installations to apply "best available techniques" only when this does not lead to excessive costs.

The commission also complained that the national law does not require authorities to regularly review and update IPPC permits and provides a narrow definition of combustion plants, leaving many plants outside the scope of IPPC. The ruling is doubly embarrassing because Luxembourg was the first EU state to report full implementation of the directive (EED 30/10/07).

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