1999D0391 — EN — 05.04.2003 — 001.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSIONDECISION
of31May1999
concerning the questionnaire relating to Council Directive 96/61/EC concerning integrated pollu-
tionpreventionandcontrol(IPPC)(implementationofCouncilDirective 91/692/EEC)
(notified under document number C(1999) 1395)
(TextwithEEArelevance)
(1999/391/EC)
(OJ L 148, 15.6.1999, p. 39)
Amended by:
Official Journal
No page date
►M1Commission Decision 2003/241/EC of 26 March 2003 L 89 17 5.4.2003
▼B
COMMISSIONDECISION
of31May1999
concerning the questionnaire relating to Council Directive 96/61/
EC concerning integrated pollution prevention and control (IPPC)
(implementationofCouncilDirective 91/692/EEC)
(notified under document number C(1999) 1395)
(TextwithEEArelevance)
(1999/391/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,Having regard to Council Directive 96/61/EC of 24 September 1996
concerning integrated pollution prevention and control (
1), and in parti-
cular Article 16(3) thereof,
Having regard to Council Directive 91/692/EEC of 23 December 1991
on standardising and rationalising reports on the implementation ofcertain Directivesrelating to the environment (
2),
(1)WhereasArticle 16(3) of Directive 96/61/EC requiresthatreportson the implementation of the Directive and itseffective-ness compared with other Community environmental instrumentsbe established in accordance with the procedure laid down in
Articles5 and 6 of Directive 91/692/EEC;
(2)WhereasArticle 5 of Directive 91/692/EEC requiresthat the
report be drawn up on the basis of either a questionnaire or
outline drafted by the Commission with the assistance of the
Committee set up in Article 6 of the Directive;
(3)Whereasthe firs t report will cover the period 2000 to 2002inclusive;
(4)Whereas the measures envisaged by this Decision are in accor-dance with the opinion expressed by the Committee inaccordance with Article 6 of Directive 91/692/EEC,
HAS ADOPTED THIS DECISION:
Article 1
The questionnaire attached to this Decision, which related to Council
Directive 96/61/EC concerning integrated pollution prevention andcontrol, ishereby adopted.
Article 2
The Member States shall use this questionnaire as a basis for drawing
up the report to be submitted to the Commission pursuant to Article 5
of Directive 91/692/EEC and Article 16(3) of Directive 96/61/EC.
Article 3
This Decision is addressed to the Member States.1999D0391 — EN — 05.04.2003 — 001.001 — 2
(1) OJ L 257, 10.10.1996, p. 26.
(2) OJ L 377, 31.12.1991, p. 48.
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ANNEX
QUESTIONNAIRE ON THE IMPLEMENTATION OF DIRECTIVE 96/
61/EC CONCERNING INTEGRATEDPOLLUTION PREVENTION AND
CONTROL(IPPC)
1. GENERAL DESCRIPTION
1.1.Whatarethemainchangestonationallegislationandtothelicen-
singsystemthatwerenecessaryinordertomeettheoverallaimof
achieving integrated prevention and control of pollution arising
fromtheactivities listedinAnnexItotheDirective?
2. COVERAGE OF ACTIVITIES AND INSTALLATIONS
2.1.ForeachsubheadinginAnnexI(1.1,2.3(a),6.4(b)etc.),howmany
installationsfallintothecategories setoutbelow:
— all existing installations within the meaning of Article 2(4), in
operation at the end of the reporting period,
— existing installations for which a substantial change was notified to
the competent authority and for which a permit wasgranted during
the reporting period,
— new installations (including those not yet in operation) for which a
permit wasgranted during the reporting period.
In answering this question, it should be noted that the same installation
could carry out activities falling under different subheadings. All rele-
vant activitiess hould be indicated (even if thismeansthat the
installation is counted more than once). Since many chemical installa-
tionscarry out more than one activity asdefined in the s ubheadingsof
heading 4, only the overall figuresfor heading 4 s hould be given (i.e.
no figures for individual subheadings).
Table 1
Categories of activities for which the total number of installations
shallbereported
Annex I activities
1.1. Combustion installations with a rated thermal input
exceeding 50 MW
1.2. Mineral oil and gasrefineries1.3. Coke ovens
1.4. Coal gasification and liquefaction plants
2.1. Metal ore (including sulphide ore) roasting or sintering
installations
2.2. Installations for the production of pig iron or steel
(primary or secondary fusion) including continuous
casting, with a capacity exceeding 2,5 tonnes per hour
2.3(a) Ferrousmetalshot-rolling millswith a capacity
exceeding 20 tonnesof crude s teel per hour
2.3(b) Ferrousmetalss mitherieswith hammersthe energy of
which exceeds50 kilojoule per hammer, where the
calorific power used exceeds 20 MW
2.3(c) Ferrousmetalsapplication of protective fus ed metal coats
with an input exceeding 2 tonnesof crude s teel per hour
2.4. Ferrousmetal foundrieswith a production capacity
exceeding 20 tonnesper day1999D0391 — EN — 05.04.2003 — 001.001 — 3
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Annex I activities
2.5(a) Installations for the production of non-ferrous crude
metalsfrom ore, concentratesor s econdary raw materials
by metallurgical, chemical or electrolytic processes
2.5(b) Installations for the melting, including the alloyage, of
non-ferrous metals, including recovered products,
(refining, foundry casting, etc.) with a melting capacity
exceeding 4 tonnesper day for lead and cadmium or 20
tonnesper day for all other metals
2.6. Installations for surface treatment of metals and plastic
materials using an electrolytic or chemical process where
the volume of the treatment vatsexceeds30 m3
3.1. Installations for the production of cement clinker in
rotary kilnswith a production capacity exceeding 500
tonnesper day or lime in rotary kilnswith a production
capacity exceeding 50 tonnesper day or in other furnaces
with a production capacity exceeding 50 tonnesper day
3.2. Installations for the production of asbestos and the manu-
facture of asbestos-based products
3.3. Installations for the manufacture of glass including glass
fibre with a melting capacity exceeding 20 tonnesper
day
3.4. Installations for melting mineral substances including the
production of mineral fibreswith a melting capacity
exceeding 20 tonnesper day
3.5. Installations for the manufacture of ceramic products by
firing, in particular roofing tiles, bricks, refractory bricks,
tiles, stoneware or porcelain, with a production capacity
exceeding 75 tonnesper day, and/or with a kiln capacity
exceeding 4 m3and with a setting density per kiln
exceeding 300 kg/m3
4. Chemical installations for the production of basic organic
chemicals, basic inorganic chemicals, phosphorous-,
nitrogen- or potassium-based fertilisers (simple or
compound fertilisers), basic plant-health products and
biocides, explosives, installations using a chemical or
biological process for the production of basic pharmaceu-
tical products
5.1. Installations for the disposal or recovery of hazardous
waste as defined in the list referred to in Article 1(4) of
Directive 91/689/EEC, asdefined in AnnexesIIA and
IIB (operationsR1, R5, R6, R8 and R9) to Directive 75/
442/EEC and in Council Directive 75/439/EEC of 16
June 1975 on the disposal of waste oils, with a capacity
exceeding 10 tonnesper day
5.2. Installations for the incineration of municipal waste as
defined in Council Directive 89/369/EEC of 8 June 1989
on the prevention of air pollution from new municipal
waste-incineration plants and Council Directive 89/429/
EEC of 21 June 1989 on the reduction of air pollution
from existing municipal waste-incineration plants with a
capacity exceeding 3 tonnesper hour
5.3. Installations for the disposal of non-hazardous waste as
defined in Annex IIA to Directive 75/442/EEC under
headingsD8 and D9, with a capacity exceeding 50
tonnesper day
5.4. Landfillsreceiving more than 10 tonnesper day or with a
total capacity exceeding 25 000 tonnes, excluding land-
fillsof inert was te1999D0391 — EN — 05.04.2003 — 001.001 — 4
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Annex I activities
6.1(a) Industrial plants for the production of pulp from timber
or other fibrousmaterials
6.1(b) Industrial plants for the production of paper and board
with a production capacity exceeding 20 tonnesper day
6.2. Plants for the pre-treatment (operations such as washing,
bleaching, mercerisation) or dyeing of fibres or textiles
where the treatment capacity exceeds10 tonnesper day
6.3. Plantsfor the tanning of hidesand s kinswhere the treat-
ment capacity exceeds12 tonnesof finis hed productsper
day
6.4(a) Slaughterhouses with a carcase-production capacity
greater than 50 tonnesper day
6.4(b) Treatment and processing intended for the production of
food productsfrom:
— animal raw materials(other than milk) with a finis hed
product-production capacity greater than 75 tonnes
per day,
— vegetable raw materialswith a finis hed product-
production capacity greater than 300 tonnesper day
(average value on a quarterly basis)
6.4(c) Treatment and processing of milk, the quantity of milk
received being greater than 200 tonnesper day (average
value on an annual basis)
6.5. Installations for the disposal or recycling of animal
carcases and animal waste with a treatment capacity
exceeding 10 tonnesper day
6.6(a) Installations for the intensive rearing of poultry with
more than 40 000 placesfor poultry
6.6(b) Installations for the intensive rearing of pigs with more
than 2 000 placesfor production pigs(over 30 kg)
6.6(c) Installations for the intensive rearing of pigs with more
than 750 placesfor s ows
6.7. Installations for the surface treatment of substances,
objects or products using organic solvents, in particular
for dressing, printing, coating, degreasing, waterproofing,
sizing, painting, cleaning or impregnating, with a
consumption capacity of more than 150 kg per hour or
more than 200 tonnesper year
6.8. Installations for the production of carbon (hard-burnt
coal) or electrograhite by meansof incineration or
graphitisation
2.2.What is the total number of IPPC installations at the end of the
reportingperiod?
In answering this question, care should be taken not to count the same
installation more than once, even if it carries out several Annex I activ-
ities.
3. BASIC OPERATOR OBLIGATIONS
3.1.What measures have been taken to provide that the competent
authoritiesensurethattheinstallationsareoperatedinaccordance
withthegeneralprinciplessetoutinArticle3?1999D0391 — EN — 05.04.2003 — 001.001 — 5
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4. EXISTING INSTALLATIONS
4.1.What legally binding measures or administrative plans have been
established to ensure that the requirements referred to in Article
5(1) are complied with by the end of the transition period
mentionedtherein?
5. PERMIT APPLICATIONS
5.1.How does national law ensure that permit applications contain all
theinformationrequiredbyArticle6?
6. COORDINATION OF THE PERMITTING PROCEDURE AND CONDI-
TIONS
6.1.Which competent authority or authorities are involved in permit-
tingIPPCinstallations?
6.2.How does national law ensure that the permitting procedure and
conditions are fully coordinated where more than one competent
authority is involved? How does this coordination work in prac-
tice?
7. PERMIT CONDITIONS
7.1.Completenessofpermitconditions
7.1.1. How doesnational law ens ure that the permit containsall the
requirementss pecified in Article 9? In particular, give details
on how each of the following itemsisprovided for:
— limit values for emissions to air and water,
— minimisation of long-distance or transboundary pollution,— protection of soil and groundwater,— waste management,— efficient use of energy,— release monitoring requirements,— prevention of accidents and limitation of their consequences,— measures relating to abnormal operating conditions,— site restoration upon definitive cessation of activities
(requirement for ‘satisfactory state’),
— special provisions for installations under subheading 6.6 of
Annex I.
7.2.Appropriatenessandadequacyofpermitconditions
7.2.1. What are the legislative provisions, procedures and criteria for
setting emission limit values and other permit conditions,
ensuring that they lead to a high level of protection for the
environment asa whole? Have any s pecific guidelinesfor
competent authorities been issued? If so, provide information
on the type of guidelines issued.
7.2.2. What kind of (binding or non-binding) guidance exists in
Member States for determining best available techniques?
7.2.3. How, in general terms, is the information published by the
Commission pursuant to Article 16(2) or by international organi-
sations taken into account generally or in specific cases when
determining best available techniques?
7.2.4. How useful, as a source of information for determining emission
limit values, equivalent parameters and technical measures based
on the best available techniques, is the information published by
the Commission pursuant to Article 16(2)? How could it be
improved?
7.2.5. What measures have been taken to ensure that the emission limit
valuesand the equivalent parametersand technical meas ures
referred to in Article 9(3) are based on the best available techni-
ques, without prescribing the use of any technique or specific
technology, but taking into account the technical characteristics
of the installation, its geographical location, and the local envir-
onmental conditions?
7.2.6. What kind of (binding or non-binding) guidance exists in
Member Statesconcerning the releas e monitoring requirements
to be included in the permit?1999D0391 — EN — 05.04.2003 — 001.001 — 6
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7.2.7. What isyour experience regarding the interface between the
permit requirementsunder the IPPC Directive and the Directive
establishing a scheme for greenhouse gas emission allowance
trading within the Community and amending Council Directive
96/61/EC?
Note:Member Statesare not required to give any ans wer to
this question if the Community greenhouse gas emissions
trading scheme has not started by 1 January 2005 as
planned.
7.3.Availablerepresentative data
7.3.1. Provide available representative data on the limit values laid
down by specific category of activities in accordance with
Annex I and, if appropriate, the best available techniques from
which those values are derived. Describe how these data have
been chosen and collected.
The Commission may, before or during the reporting period,
suggest guidance for responding to this question.
7.3.2. What types of permit conditions other than emission limit values
have been set? In particular, give examples of:
— equivalent parameters and technical measures that supple-
ment emission limit values set in the permit,
— equivalent parametersand technical meas uresthat replace
emission limit values,
— conditionsconcerning the protection of s oil and ground
water, waste management, efficient use of energy, release
monitoring requirements, prevention of accidents and limita-
tion of their consequences, measures relating to abnormal
operating conditions and site restoration upon definitive
cessation of activities,
— conditions relating to environmental management systems.
8. GENERAL BINDING RULES
8.1.Does national law contain the possibility of laying down certain
requirements for certain categories of installations in general
bindingrulesinsteadofincludingtheminindividualpermitcondi-
tions?
8.2.For which categories of installations have general binding rules
beenestablished?Whatformdosuchrulestake?
9. ENVIRONMENTAL QUALITY STANDARDS
9.1.Howdoesnationallawaddresstheneedforadditionalmeasuresin
caseswhereuseofbestavailabletechniquesisinsufficienttosatisfy
an environmental quality standard set out in or defined pursuant
toCommunitylegislation?
9.2.Have such cases arisen? If so, give examples of additional
measures.
10. DEVELOPMENTS IN BEST AVAILABLE TECHNIQUES
10.1.What steps have been taken to ensure that competent authorities
follow or are informed of developments in best available techni-
ques?
11. CHANGES TO INSTALLATIONS
11.1.What are the legislative provisions, procedures and practice for
dealingwithchangesmadebyoperatorstoinstallations?
11.2.How docompetent authorities decide whether a change in opera-
tion may have consequences for the environment (Article
2(10)(a)), and/or whether such a change may have significant
negative effects on human beings or the environment (Article
2(10)(b))?
12. RECONSIDERATION AND UPDATING OF PERMIT CONDITIONS
12.1.What are the legislative provisions, procedures and practice
concerning reconsideration and updating of permit conditions by
thecompetentauthority?1999D0391 — EN — 05.04.2003 — 001.001 — 7
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12.2.Is the frequency of reconsideration and, where necessary,
updating of permit conditions specified in national law, or is this
determinedbyothermeans?
13. COMPLIANCE WITH PERMIT CONDITIONS
13.1.Describe in general terms the legislative provisions, procedures
andpracticeensuringcompliancewiththepermitrequirements.
13.2.Which legislative provisions, procedures and practice ensure that
operators regularly inform authorities of the results of release
monitoring, andwithoutdelay of anyincident or accident signifi-
cantlyaffectingtheenvironment?
13.3.How does national law give the competent authorities the right
and/ortheobligationtocarryouton-siteinspections?
13.4.What are the procedures and practice concerning regular on-site
inspections by competent authorities? If regular on-site inspec-
tions are not carried out, how do competent authorities verify
theinformationprovidedbytheoperator?
13.5.What sanctions or other measures are available in cases of non-
compliance with the permit conditions? Were such sanctions or
othermeasuresappliedduringthereportingperiod?(Ifavailable,
indicateappropriatestatistics,forexampleusingatemplategiven
in a guidancedocument for reporting under the recommendation
providing for minimum criteria for environmental inspections in
theMemberStates.)
14. INFORMATION AND PARTICIPATION OF THE PUBLIC
14.1.How does national law provide for information and participation
ofthepublicinthepermitprocedure?Whatarethemainchanges
tonationallegislationandtothelicensingsystemthatwereneces-
sary in order to meet the additional requirements introduced
through Article 4 of the Directive of the European Parliament
and of the Council providing for public participation in respect
of the drawing up of certain plans and programmes relating to
the environment and amending Council Directives 85/337/EEC
and96/61/EC?
Note:Member Statesare not required to give any ans wer to this
question if the Directive on public participation enters into
effect later than 1 July 2005.
14.2.How is the information about applications, decisions, and the
results of release monitoring made available to the public? To
whatextentistheInternetusedforthispurpose?
14.3.Whatmeasureshavebeentakentoensurethatthepublicisaware
of its right to comment on the documents referred to in Article
15(1)?
14.4.How much time is there for the public to comment on permit
applicationsbeforethecompetentauthorityreachesitsdecision?
14.5.Howdotheauthoritiesconsiderthecommentsofthepublicwhen
takingtheirdecisions?
14.6.Inwhatcircumstancescanmembersofthepubliclodgeanappeal
toanotherauthorityorcourtagainstapermit?
14.7.WhatinfluencehavetherestrictionslaiddowninArticle3(2)and
(3) of Directive 90/313/EEC had on access to information and
publicparticipationinthepermit procedure?
15. TRANSBOUNDARY COOPERATION
15.1.Does national law provide for transboundary information and
cooperationoristhesubjectbeinglefttobilateralormultilateral
relationsbetweenMember Statesortoadministrativepractice?
15.2.How is it established in practice whether the operation of an
installation is likely to have significant negative effects on the
environmentofanotherMember State?
15.3.How does national legislation and/or practice ensure adequate
access to information and participation in the permit procedure
of the public in the Member State likely to be affected? Is such
participationsupplementedbyarightofappeal?1999D0391 — EN — 05.04.2003 — 001.001 — 8
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16. RELATIONSHIP WITH OTHER COMMUNITY INSTRUMENTS
16.1.How do Member States view the effectiveness of the Directive,
inter alia in comparison with other Community environmental
instruments?
16.2.Whatmeasureshavebeentakentoensurethatimplementationof
the Directive is coherent with the implementation of other
Communityenvironmentalinstruments?
17. GENERAL OBSERVATIONS
17.1.Are there any particular implementation issues that give rise to
concernsinyourcountry?Ifso,pleasespecify.1999D0391 — EN — 05.04.2003 — 001.001 — 9