La inspección ambiental en la Directiva 2010/75/UE del Parlamento Europeo y del Consejo, de 24 de noviembre, de emisiones industriales, y en la normativa española de transposición

Abstract

This study analyses the impact of Directive 2010/75/EU of the European Parliament and the Council, of 24 November 2010, on industrial emissions on the legislation governing environmental inspection. To this end, after providing a general discussion of the Directive and pointing out its most outstanding features, we focus on the regulation of environmental inspection that it contains. This is its most novel feature because it is the first time that a minimal regulation of environmental inspection has been included in a directive (to date, within the community, it had only been the object of a recommendation of no normative value). In particular, our study focuses on the obligations of the member states in this area, which are largely to set up a system by which installations can be environmentally inspected and inspection plans drafted on the basis of which programmes for routine environmental inspection will be drawn up that include the frequency of site visits for different types of installations. Also discussed is the transposition of the Directive in Spain, bearing in mind that Law 5/2013, of 11 June, has recently been passed to modify Law 16/2002, of 1 July, on the integrated prevention and control of pollution, and Law 22/2011, of 28 July on waste and polluted soil which, in conjunction with their regulation for implementation, guarantee the transposition of the Directive.

Keywords

• industrial emissions
• environmental inspection
• environmental inspection plans
• environmental inspection programmes
• integrated prevention and control ofpollution