1984L0360 — EN — 23.12.1991 — 001.001 — 1
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►B COUNCILDIRECTIVE
of28June1984
onthecombatingofair pollutionfromindustrialplants
(84/360/EEC)
(OJ L 188, 16.7.1984, p. 20)
Amended by:
Official Journal
No page date
►M1Council Directive 91/692/EEC of 23 December 1991 L 377 48 31.12.1991
▼B
COUNCILDIRECTIVE
of28June1984
onthecombatingofair pollutionfromindustrialplants
(84/360/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community, and in particular Articles100 and 235 thereof,
Having regard to the proposal from the Commission(1),
Having regard to the opinion of the European Parliament(2),
Having regard to the opinion of the Economic and Social
Committee(3),
Whereasthe 1973(4), 1977(5) and 1983(6) action programmesof the
European Communities on the environment stress the importance ofthe prevention and reduction of air pollution;
Whereasthe 1973 and 1977 action programmesin particular provide
not only for the objective evaluation of the risks to human health andto the environment from air pollution but also for the formulation of
quality objectives and the setting of quality standards, especially for a
number of air pollutants regarded as the most hazardous;
Whereasthe Council hasalready adopted s everal Directivesunder
these programmes;
Whereas, moreover, under Decision 81/462/EEC(
7) the Community isa
party to the Convention on long-range transboundary air pollution;
Whereasthe 1983 action programme, the general guidelinesof which
have been approved by the Council of the European Communitiesand
by the representatives of the Member States meeting within theCouncil, envisages that the Commission will continue its efforts toestablish air quality standards and that where appropriate emissionstandards for certain types of source should be laid down;
Whereas all the Member States have laws, regulations and administra-
tive provisions concerning the combating of air pollution from
stationary industrial plants; whereas several Member States are in theprocess of amending the existing provisions;
Whereas the disparities between the provisions concerning the
combating of air pollution from industrial installations currently inforce, or in the process of amendment, in the different Member States
are liable to create unequal conditionsof competition and thushave a
direct effect on the functioning of the common market; whereas, there-fore, approximation of the law in thisfield isrequired, asprovided forby Article 100 of the Treaty;
Whereas one of the essential tasks of the Community is to promote
throughout the Community a harmoniousdevelopment of economicactivities and a continuous and balanced expansion, tasks which are
inconceivable in the absence of a campaign to combat pollution and
nuisances or of an improvement in the quality of life and in the protec-tion of the environment;
Whereas the Community should and must help increase the effective-
ness of action undertaken by the Member States to combat airpollution from stationary industrial plants;1984L0360 — EN — 23.12.1991 — 001.001 — 2
(1) OJ No C 139, 27. 5. 1983, p. 5.
(2) OJ No C 342, 19. 12. 1983, p. 160.
(3) OJ No C 23, 30. 1. 1984, p. 27.
(4) OJ No C 112, 20. 12. 1973, p. 1.
(5) OJ No C 139, 13. 6. 1977, p. 1.
(6) OJ No C 46, 17. 2. 1983. p. 1.
(7) OJ No L 171, 27. 6. 1981, p. 11.
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Whereasin order to achieve thisend certain principlesaiming at the
implementation of a series of measures and procedures designed toprevent and reduce air pollution from industrial plants within the
Community should be introduced;
Whereasthe Community'sendeavoursto introduce thes e principlescan
be only gradual, bearing in mind the complexity of the situations and
the fundamental principleson which the variousnational policiesare
based;
Whereasinitially a general framework s hould be introduced to permit
the Member States to adapt, where necessary, their existing rules to the
principlesadopted at Community level; whereasthe Member Statesshould therefore introduce a system of prior authorization for theoperation and substantial alteration of stationary industrial plants whichcan cause air pollution;
Whereas, moreover, the competent national authorities cannot grant
such authorization unless a number of conditions have been fulfilled,including the requirementsthat all appropriate preventive meas ures
are taken, and that the operation of the plant does not result in a signif-
icant level of air pollution;
Whereas it should be possible to apply special provisions in particu-
larly polluted areasand in areasin need of s pecial protection;
Whereasthe rulesapplicable to the authorization proceduresand to the
determination of emissions must satisfy certain requirements;
Whereas in certain situations the competent authorities must explore
the need to impose further requirements, which, however, must notresult in excessive costs for the undertaking concerned;
Whereas the provisions taken pursuant to this Directive are to be
applied gradually to existing plants, taking due account of technicalfactorsand the economic effects ;
Whereas provision must be made for cooperation between the Member
States themselves and with the Commission to facilitate implementa-tion of the measures designed to prevent and to reduce air pollutionand to develop preventive technology,
HAS ADOPTED THIS DIRECTIVE:
Article 1
The purpose of this Directive is to provide for further measures and
procedures designed to prevent or reduce air pollution from industrial
plantswithin the Community, particularly thos e belonging to the cate-
goriess et out in Annex I.
Article 2
For the purposes of this Directive:
1. ‘Air pollution’ meansthe introduction by man, directly or indirectly,
of substances or energy into the air resulting in deleterious effects of
such a nature as to endanger human health, harm living resourcesand ecosystems and material property and impair or interfere withamenitiesand other legitimate us esof the environment.
2. ‘Plant’ means any establishment or other stationary plant used for
industrial or public utility purposes which is likely to cause air
pollution.
3. ‘Existing plant’ means a plant in operation before 1 July 1987 or
built or authorized before that date.
4. ‘Air quality limit values’ means the concentration of polluting
substances in the air during a specified period which is not to beexceeded.
5. ‘Emission limit values’ means the concentration and/or mass of
polluting substances in emissions from plants during a specifiedperiod which isnot to be exceeded.1984L0360 — EN — 23.12.1991 — 001.001 — 3
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Article 3
1. Member States shall take the necessary measures to ensure that
the operation of plantsbelonging to the categorieslis ted in Annex Irequires prior authorization by the competent authorities. The necessityto meet the requirements prescribed for such authorization must be
taken into account at the plant's design stage.
2. Authorization is also required in the case of substantial alteration
of all plantswhich belong to the categorieslis ted in Annex I or which,
as a result of the alteration, will fall within those categories.
3. Member Statesmay require other categoriesof plantsto be
subject to authorization or, where national legislation so provides, priornotification.
Article 4
Without prejudice to the requirementslaid down by national and
Community provisions with a purpose other than that of this Directive,an authorization may be issued only when the competent authority issatisfied that:
1. all appropriate preventive measures against air pollution have been
taken, including the application of the best available technology,provided that the application of such measures does not entail exces-sive costs;
2. the use of plant will not cause significant air pollution particularly
from the emission of substances referred to in Annex 11;
3. none of the emission limit values applicable will be exceeded;4. all the air quality limit valuesapplicable will be taken into account.
Article 5
Member Statesmay:
— define particularly polluted areas for which emission limit values
more stringent than those referred to in Article 4 may be fixed,
— define areasto be s pecially protected for which air quality limit
values and emission limit values more stringent than those referredto in Article 4 may be fixed,
— decide that, within the abovementioned areas, specified categories
of plants set out in Annex 1 may not be built or operated unlessspecial conditions are complied with.
Article 6
Applications for authorization shall include a description of the plant
containing the necessary information for the purposes of the decision
whether to grant authorization in accordance with Articles3 and 4.
Article 7
Subject to the provisions regarding commercial secrecy, Member States
shall exchange information among themselves and with the Commis-
sion regarding their experience and knowledge of measures for
prevention and reduction of air pollution, aswell astechnical proces s esand equipment and air quality and emission limit values.
Article 8
1. The Council, acting unanimously on a proposal from the
Commission, shall if necessary fix emission limit values based on thebest available technology not entailing excessive costs, and taking intoaccount the nature, quantities and harmfulness of the emissionsconcerned.
2. The Council, acting unanimously on a proposal from the
Commission, shall stipulate suitable measurement and assessment tech-niquesand methods .1984L0360 — EN — 23.12.1991 — 001.001 — 4
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Article 9
1. Member States shall take the necessary measures to ensure that
applicationsfor authorization and the decis ionsof the competent autho-ritiesare made available to the public concerned in accordance withproceduresprovided for in the national law.
2. Paragraph 1 shall apply without prejudice to specific national or
Community provisions concerning the assessment of the environmental
effects of public and private projects and subject to observance of the
provisions regarding commercial secrecy.
Article 10
The Member Statess hall make available to the other Member States
concerned, as a basis for all necessary consultation within the frame-
work of their bilateral relations, the same information as is furnished
to their own nationals.
Article 11
Member States shall take the necessary measures to ensure that emis-
sions from plants are determined for the purpose of monitoringcompliance with the obligationsreferred to in Article 4. The determina-
tion methods must be approved by the competent authorities.
Article 12
The Member States shall follow developments as regards the best
available technology and the environmental situation.
in the light of this examination they shall, if necessary, impose appro-
priate conditionson plantsauthorized in accordance with thisDirective,on the basis both of those developments and of the desirability of
avoiding excessive costs for the plants in question, having regard in
particular to the economic situation of the plants belonging to the cate-gory concerned.
Article 13
In the light of an examination of developmentsasregardsthe bes t
available technology and the environmental situation, the Member
States shall implement policies and strategies, including appropriate
measures, for the gradual adaptation of existing plants belonging tothe categoriesgiven in Annex I to the bes t available technology, takinginto account in particular:
— the plant'stechnical characteris tics ,
— itsrate of utilization and length of itsremaining life,
— the nature and volume of polluting emissions from it,
— the desirability of not entailing excessive costs for the plant
concerned, having regard in particular to the economic situation ofundertakingsbelonging to the category in ques tion.
Article 14
Member Statesmay, in order to protect public health and the environ-
ment, adopt provisions stricter than those provided for in this Directive.
Article 15
The Directive does not apply to industrial plants serving national
defence purposes.
Article 15a
At intervals of three years the Member States shall send information to
the Commission on the implementation of this Directive, in the form ofa sectoral report which shall also cover other pertinent CommunityDirectives. This report shall be drawn up on the basis of a question-1984L0360 — EN — 23.12.1991 — 001.001 — 5
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naire or outline drafted by the Commission in accordance with the
procedure laid down in Article 6 of Directive 91/692/EEC(1). The
questionnaire or outline shall be sent to the Member States six months
before the start of the period covered by the report. The report shall be
sent to the Commission within nine months of the end of the three-yearperiod covered by it.
The first report shall cover the period from 1994 to 1996 inclusive.The Commission shall publish a Community report on the implementa-
tion of the Directive within nine monthsof receiving the reportsfromthe Member States.
Article 16
1. Member States shall bring into force the laws, regulations and
administrative provisions necessary to comply with this Directive not
later than 30 June 1987.
2. Member States shall communicate to the Commission the texts of
the provisions of national law which they adopt in the field governedby thisDirective.
Article 17
This Directive is addressed to the Member States.1984L0360 — EN — 23.12.1991 — 001.001 — 6
(1) OJ No L 377, 31. 12. 1991, p. 48.▼B
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ANNEX I
CATEGORIESOFPLANTS (1)
(covered byArticle 3)
1.Energyindustry
1.1. Coke ovens
1.2. Oil refineries(excluding undertakingsmanufacturing only lubricantsfrom
crude oil)
1.3. Coal gasification and liquefaction plants
1.4. Thermal power stations (excluding nuclear power stations) and other
combustion installations with a nominal heat output of more than 50 MW.
2.Productionandprocessingofmetals
2.1. Roasting and sintering plants with a capacity of more than 1 000 tonnes of
metal ore per year
2.2. Integrated plantsfor the production of pig iron and crude s teel2.3. Ferrousmetal foundrieshaving melting ins tallationswith a total capacity of
over 5 tonnes
2.4. Plantsfor the production and melting of non-ferrousmetalshaving ins talla-
tionswith a total capacity of over 1 tonne for heavy metalsor 0,5 tonne for
light metals.
3.Manufactureofnon-metallicmineral products
3.1. Plantsfor the production of cement and rotary kiln lime production
3.2. Plants for the production and processing of asbestos and manufacture of
asbestos-based products
3.3. Plantsfor the manufacture of glas sfibre or mineral fibre
3.4. Plants for the production of glass (ordinary and special) with a capacity of
more than 5 000 tonnesper year
3.5. Plants for the manufacture of coarse ceramics notably refractory bricks,
stoneware pipes, facing and floor bricks and roof tiles.
4.Chemicalindustry
4.1. Chemical plants for the production of olefins, derivatives of olefins, mono-
mersand polymers
4.2. Chemical plantsfor the manufacture of other organic intermediate products
4.3. Plants for the manufacture of basic inorganic chemicals.
5.Wastedisposal
5.1. Plants for the disposal of toxic and dangerous waste by incineration
5.2. Plants for the treatment by incineration of other solid and liquid waste.
6.Otherindustries
Plantsfor the manufacture of paper pulp by chemical methodswith a
production capacity of 25 000 tonnesor more per year.1984L0360 — EN — 23.12.1991 — 001.001 — 7
(1) The thresholds given in this Annex refer to production capacities.
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ANNEX II
LISTOFMOSTIMPORTANTPOLLUTINGSUBSTANCES
(withinthemeaningofArticle4(2))
1. Sulphur dioxide and other sulphur compounds
2. Oxidesof nitrogen and other nitrogen compounds
3. Carbon monoxide4. Organic compounds, in particular hydrocarbons (except methane)5. Heavy metalsand their compounds
6. Dust; asbestos (suspended particulates and fibres), glass and mineral fibres
7. Chlorine and itscompounds8. Fluorine and itscompounds1984L0360 — EN — 23.12.1991 — 001.001 — 8