The legal effects of adopting and publishing conclusions on the best available techniques – considering the requirements for large combustion plants

Abstract

The publication of the conclusions of the best available techniques for large combustion plants has raised interest in this issue not only among administrative bodies and entities operating installations that are subject to these conclusions. The energy sector is a strategic area, from the point of view of the entire economy and state policy. The functioning of this sector (and the obligations imposed on it) has an impact on many other areas of the economy and social life. The purpose of this article is to analyze the consequences of the adoption – and primarily of the publication of – the conclusions (as of when they become binding) regarding the best available techniques for large combustion plants (that is, the changes in the environmental and legal situation of the installations covered by these conclusions, and as a consequence the obligations resulting from this fact for administrative bodies and entities running specific installations). This article also aims to outline the consequences of the delayed or improper implementation of the abovementioned obligations (both for the EU Member States and the operator conducting the installation).