1996L0061 — EN — 25.06.2003 — 001.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCILDIRECTIVE96/61/EC
of24September1996
concerningintegratedpollutionpreventionandcontrol
(OJ L 257, 10.10.1996, p. 26)
Amended by:
Official Journal
No page date
►M1Directive 2003/35/EC of the European Parliament and of the Council of
26 May 2003L 156 17 25.6.2003
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COUNCILDIRECTIVE96/61/EC
of24September1996
concerningintegratedpollutionpreventionandcontrol
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and
in particular Article 130s (1) thereof,
Having regard to the proposal from the Commission (1),
Havng regard to the opinion of the Economic and Social Committee (2),
Acting in accordance withth e procedure laid down in Article 189c of
the Treaty (3),
1.Whereas the objectives and principles of the Community's envir-
onment policy, as set out in Article 130r of the Treaty, consist inparticular of preventing, reducing and as far as possible elimi-nating pollution by giving priority to intervention at source andensuring prudent management of natural resources, in compli-
ance with the ‘polluter pays’ principle and the principle of
pollution prevention;
2.Whereas the Fifth Environmental Action Programme, the broadoutline of which was approved by the Council and the Represen-tatives of the Governments of the Member States, meetingwithin the Council, in the resolution of 1 February 1993 on a
Community programme of policy and action in relation to the
environment and sustainable development (
4), accords priority to
integrated pollution control as an important part of the movetowards a more sustainable balance between human activity andsocio-economic development, on the one hand, and the resourcesand regenerative capacity of nature, on the other;
3.Whereas the implementation of an integrated approach to reducepollution requires action at Community level in order to modifyand supplement existing Community legislation concerning theprevention and control of pollution from industrial plants;
4.Whereas Council Directive 84/360/EEC of 28 June 1984 on thecombating of air pollution from industrial plants (
5) introduced a
general framework requiring authorization prior to any operation
or substantial modification of industrial installations which may
cause air pollution;
5.Whereas Council Directive 76/464/EEC of 4 May 1976 on pollu-tion caused by certain dangerous substances discharged into theaquatic environment of the Community (
6) introduced an author-
ization requirement for the discharge of those substances;
6.Whereas, although Community legislation exists on thecombating of air pollution and the prevention or minimizationof the discharge of dangerous substances into water, there is nocomparable Community legislation aimed at preventing or mini-mizing emissions into soil;
7.Whereas different approaches to controlling emissions into theair, water or soil separately may encourage the shifting of pollu-1996L0061 — EN — 25.06.2003 — 001.001 — 2
(1) OJ No C 311, 17. 11. 1993, p. 6 and OJ No C 165, 1. 7. 1995, p. 9.
(2) OJ No C 195, 18. 7. 1995, p. 54.
(3) Opinion of the European Parliament of 14 December 1994 (OJ No C 18, 23.
1. 1995, p. 96), Council common position of 27 November 1995 (OJ No C
87, 25. 3. 1996, p. 8) and Decision of the European Parliament of 22 May
1996 (OJ No C 166, 10. 6. 1996).
(4) OJ No C 138, 17. 5. 1993, p. 1.
(5) OJ No L 188, 16. 7. 1984, p. 20. Directive as last amended by Directive 91/
692/EEC (OJ No L 377, 31. 12. 1991, p. 48).
(6) OJ No L 129, 18. 5. 1976, p. 23. Directive as last amended by Directive 91/
692/EEC.
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tion between the various environmental media rather than
protecting the environment as a whole;
8.Whereas the objective of an integrated approach to pollution
control is to prevent emissions into air, water or soil wherever
this is practicable, taking into account waste management, and,where it is not, to minimize them in order to achieve a high levelof protection for the environment as a whole;
9.Whereas this Directive establishes a general framework for inte-
grated pollution prevention and control; whereas it lays down the
measures necessary to implement integrated pollution preventionand control in order to achieve a high level of protection for theenvironment as a whole; whereas application of the principle ofsustainable development will be promoted by an integratedapproachto pollution control;
10.Whereas the provisions of this Directive apply without prejudiceto the provisions of Council Directive 85/337/EEC of 27 June1985 on the assessment of the effects of public and privateprojects on the environment (
1); whereas, when information or
conclusions obtained further to the application of that Directivehave to be taken into consideration for the granting of authoriza-
tion, this Directive does not affect the implementation of
Directive 85/337/EEC;
11.Whereas the necessary steps must be taken by the MemberStates in order to ensure that the operator of the industrial activ-ities referred to in Annex I is complying withth e general
principles of certain basic obligations; whereas for that purpose
it would suffice for the competent authorities to take thosegeneral principles into account when laying down the authoriza-tion conditions;
12.Whereas some of the provisions adopted pursuant to this Direc-tive must be applied to existing installations after a fixed period
and others as from the date of implementation of this Directive;
13.Whereas, in order to tackle pollution problems more effectively
and efficiently, environmental aspects should be taken intoconsideration by the operator; whereas those aspects should becommunicated to the competent authority or authorities so thatthey can satisfy themselves, before granting a permit, that all
appropriate preventive or pollution-control measures have been
laid down; whereas very different application procedures maygive rise to different levels of environmental protection andpublic awareness; whereas, therefore, applications for permitsunder this Directive should include minimum data;
14.Whereas full coordination of the authorization procedure and
conditions between competent authorities will make it possible
to achieve the highest practicable level of protection for theenvironment as a whole;
15.Whereas the competent authority or authorities will grant oramend a permit only when integrated environmental protection
measures for air, water and land have been laid down;
16.Whereas the permit is to include all necessary measures to fulfil
the authorization conditions in order thus to achieve a high levelof protection for the environment as a whole; whereas, withoutprejudice to the authorization procedure, those measures mayalso be the subject of general binding requirements;
17.Whereas emission limit values, parameters or equivalent tech-nical measures should be based on the best availabletechniques, without prescribing the use of one specific techniqueor technology and taking into consideration the technical charac-teristics of the installation concerned, its geographical locationand lcoal environmental conditions; whereas in all cases the1996L0061 — EN — 25.06.2003 — 001.001 — 3
(1) OJ No L 175, 5. 7. 1985, p. 40.
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authorization conditions will lay down provisions on minimizing
long-distance or transfrontier pollution and ensure a high level ofprotection for the environment as a whole;
18.Whereas it is for the Member States to determine how the tech-nical characteristics of the installation concerned, itsgeographical location and local environmental conditions can,where appropriate, be taken into consideration;
19.Whereas, when an environmental quality standard requires morestringent conditions than those that can be achieved by using the
best available techniques, supplementary conditions will in parti-
cular be required by the permit, without prejudice to othermeasures that may be taken to comply with the environmentalquality standards;
20.Whereas, because best available techniques will change withtime, particularly in the light of technical advances, the compe-
tent authorities must monitor or be informed of such progress;
21.Whereas, changes to an installation may give rise to pollution;
whereas the competent authority or authorities must thereforebe notified of any change which might affect the environment;whereas substantial changes to plant must be subject to the
granting of prior authorization in accordance with this Directive;
22.Whereas the authorization conditions must be periodically
reviewed and if necessary updated; whereas, under certain condi-tions, they will in any event be re-examined;
23.Whereas, in order to inform the public of the operation of instal-lations and their potential effect on the environment, and inorder to ensure the transparency of the licensing process
throughout the Community, the public must have access, before
any decision is taken, to information relating to applications forpermits for new installations or substantial changes and to thepermits themselves, their updating and the relevant monitoringdata;
24.Whereas the establishment of an inventory of principal emissionsand sources responsible may be regarded as an important instru-ment making it possible in particular to compare pollutionactivities in the Community; whereas such an inventory will beprepared by the Commission, assisted by a regulatorycommittee;
25.Whereas the development and exchange of information atCommunity level about best available techniques will help toredress the technological imbalances in the Community, willpromote the worldwide dissemination of limit values and techni-ques used in the Community and will help the Member States inthe efficient implementation of this Directive;
26.Whereas reports on the implementation and effectiveness of thisDirective will have to be drawn up regularly;
27.Whereas this Directive is concerned with installations whosepotential for pollution, and therefore transfrontier pollution, issignificant; whereas transboundary consultation is to be orga-nized where applications relate to the licensing of new
installations or substantial changes to installations which are
likely to have significant negative environmental effects;whereas the applications relating to such proposals or substantialchanges will be available to the public of the Member Statelikely to be affected;
28.Whereas the need for action may be identified at Community
level to lay down emission limit values for certain categories of
installation and pollutant covered by this Directive; whereas theCouncil will set suchemission limit values in accordance withthe provisions of the Treaty;
29.Whereas the provisions of this Directive apply without prejudiceto Community provisions on health and safety at the workplace,1996L0061 — EN — 25.06.2003 — 001.001 — 4
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HAS ADOPTED THIS DIRECTIVE:
Article 1
Purposeandscope
The purpose of this Directive is to achieve integrated prevention and
control of pollution arising from the activities listed in Annex I. It
lays down measures designed to prevent or, where that is not practic-
able, to reduce emissions in the air, water and land from theabovementioned activities, including measures concerning waste, inorder to achieve a high level of protection of the environment takenas a whole, without prejudice to Directive 85/337/EEC and other rele-vant Community provisions.
Article 2
Definitions
For the purposes of this Directive:
1. ‘substance’ shall mean any chemical element and its compounds,
with the exception of radioactive substances within the meaningof Directive 80/836/Euratom (
1) and genetically modified organ-
isms within the meaning of Directive 90/219/EEC (2) and
Directive 90/220/EEC (3);
2. ‘pollution’ shall mean the direct or indirect introduction as a result
of human activity, of substances, vibrations, heat or noise into theair, water or land which may be harmful to human health or thequality of the environment, result in damage to material property,or impair or interfere withamenities and oth er legitimate uses of
the environment;
3. ‘installation’ shall mean a stationary technical unit where one or
more activities listed in Annex I are carried out, and any otherdirectly associated activities which have a technical connection
with the activities carried out on that site and which could have
an effect on emissions and pollution;
4. ‘eixsting installation’ shall mean an installation in operation or, in
accordance with legislation existing before the date on which this
Directive is brought into effect, an installation authorized or in the
view of the competent authority the subject of a full request forauthorization, provided that that installation is put into operationno later than one year after the date on which this Directive isbrought into effect;
5. ‘emission’ shall mean the direct or indirect release of substances,
vibrations, heat or noise from individual or diffuse sources in theinstallation into the air, water or land;
6. ‘emission limit values’ shall mean the mass, expressed in terms of
certain specific parameters, concentration and/or level of an emis-sion, which may not be exceeded during one or more periods oftime. Emission limit values may also be laid down for certaingroups, families or categories of substances, in particular for those
listed in Annex III.1996L0061 — EN — 25.06.2003 — 001.001 — 5
(1) Council Directive 80/836/Euratom of 15 July 1980 amending the Directives
laying down the basic safety standards for the health protection of the
general public and workers against the dangers of ionizing radiation (OJ
No L 246, 17. 9. 1980, p. 1). Directive as amended by Directive 84/467/
EEC (OJ No L 265, 5. 10. 1984, p. 4).
(2) Council Directive 90/219/EEC of 23 April 1990 on the contained use of
genetically modified micro-organisms (OJ No L 117, 8. 5. 90, p. 1). Direc-
tive as amended by Commission Directive 94/51/EC (OJ No L 297, 18. 11.1994, p. 29).
(
3) Council Directive 90/220/EEC of 23 April 1990 on the deliberate release
into the environment of genetically modified organisms (OJ No L 117, 8.
5. 1990, p. 15). Directive as amended by Commission Directive 94/15/EC
(OJ No L 103, 22. 4. 1994, p. 20).
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The emission limit values for substances shall normally apply at
the point where the emissions leave the installation, any dilutionbeing disregarded when determining them. With regard to indirect
releases into water, the effect of a water treatment plant may be
taken into account when determining the emission limit values ofthe installation involved, provided that an equivalent level is guar-anteed for the protection of the environment as a whole andprovided this does not lead to higher levels of pollution in the
environment, without prejudice to Directive 76/464/EEC or the
Directives implementing it;
7. ‘environmental quality standard’ shall mean the set of requirements
which must be fulfilled at a given time by a given environment orparticular part thereof, as set out in Community legislation;
8. ‘competent authority’ shall mean the authority or authorities or
bodies responsible under the legal provisions of the Member Statesfor carrying out the obligations arising from this Directive;
9. ‘permit’ shall mean that part or the whole of a written decision (or
several suchdecisions) granting auth orization to operate all or part
of an installation, subject to certain conditions which guarantee thatthe installation complies with the requirements of this Directive. Apermit may cover one or more installations or parts of installationson the same site operated by the same operator;
10. (a) ‘change in operation’ shall mean a change in the nature or
functioning, or an extension, of the installation which mayhave consequences for the environment;
(b) ‘substantial change’ shall mean a change in operation which, in
the opinion of the competent authority, may have significant
negative effects on human beings or the environment.
For the purposes of this definition, any change to or extension
of an operation shall be deemed to be substantial if the changeor extension in itself meets the thresholds, if any, set out in
Annex I;
11. ‘best available techniques’ shall mean the most effective and
advanced stage in the development of activities and their methodsof operation which indicate the practical suitability of particular
techniques for providing in principle the basis for emission limit
values designed to prevent and, where that is not practicable,generally to reduce emissions and the impact on the environmentas a whole:
— ‘techniques’ shall include both the technology used and the way
in which the installation is designed, built, maintained, operated
and decommissioned,
— ‘available’ techniques shall mean those developed on a scale
which allows implementation in the relevant industrial sector,
under economically and technically viable conditions, takinginto consideration the costs and advantages, whether or not thetechniques are used or produced inside the Member State inquestion, as long as they are reasonably accessible to theoperator,
— ‘best’ shall mean most effective in achieving a high general
level of protection of the environment as a whole.
In determining the best available techniques, special consideration
should be given to the items listed in Annex IV;
12. ‘operator’ shall mean any natural or legal person who operates or
controls the installation or, where this is provided for in national
legislation, to whom decisive economic power over the technical
functioning of the installation has been delegated;
13. ‘the public’ shall mean one or more natural or legal persons and, in
accordance withnational legislation or practice, th eir associations,organisations or groups;1996L0061 — EN — 25.06.2003 — 001.001 — 6
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14. ‘the public concerned’ shall mean the public affected or likely to
be affected by, or having an interest in, the taking of a decisionon the issuing or the updating of a permit or of permit conditions;
for the purposes of this definition, non-governmental organisations
promoting environmental protection and meeting any requirementsunder national law shall be deemed to have an interest.
Article 3
General principlesgoverningthebasicobligationsoftheoperator
Member States shall take the necessary measures to provide that the
competent authorities ensure that installations are operated in such a
way that:
(a) all the appropriate preventive measures are taken against pollution,
in particular through application of the best available techniques;
(b) no significant pollution is caused;
(c) waste production is avoided in accordance withCouncil Directive
75/442/EEC of 15 July 1975 on waste (
1); where waste is produced,
it is recovered or, where that is technically and economicallyimpossible, it is disposed of while avoiding or reducing any impacton the environment;
(d) energy is used efficiently;
(e) the necessary measures are taken to prevent accidents and limit
their consequences;
(f) the necessary measures are taken upon definitive cessation of activ-
ities to avoid any pollution risk and return the site of operation to asatisfactory state.
For the purposes of compliance with this Article, it shall be sufficient if
Member States ensure that the competent authorities take account ofthe general principles set out in this Article when they determine theconditions of the permit.
Article 4
Permitsfornewinstallations
Member States shall take the necessary measures to ensure that no new
installation is operated without a permit issued in accordance with thisDirective, without prejudice to the exceptions provided for in Council
Directive 88/609/EEC of 24 November 1988 on the limitation of emis-
sions of certain pollutants into the air from large combustion plants (
2).
Article 5
Requirementsforthegrantingofpermitsforexistinginstallations
1. Member States shall take the necessary measures to ensure that
the competent authorities see to it, by means of permits in accordancewithArticles 6 and 8 or, as appropriate, by reconsidering and, wh erenecessary, by updating the conditions, that existing installations operate
in accordance with the requirements of Articles 3, 7, 9, 10, 13, the first
and second indents of 14, and 15 (2) not later than eight years after thedate on which this Directive is brought into effect, without prejudice tospecific Community legislation.
2. Member States shall take the necessary measures to apply the
provisions of Articles 1, 2, 11, 12, 14, third indent, 15 (1), (3) and
(4), 16, 17 and 18 (2) to existing installations as from the date onwhich this Directive is brought into effect.1996L0061 — EN — 25.06.2003 — 001.001 — 7
(1) OJ No L 194, 25. 7. 1975, p. 39. Directive as last amended by Directive 91/
692/EEC (OJ No L 377, 31. 12. 1991, p. 48).
(2) OJ No L 336, 7. 12. 1988, p. 1. Directive as last amended by Directive 90/
656/EEC (OJ No L 353, 17. 12. 1990, p. 59).▼B
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Article 6
Applicationsforpermits
1. Member States shall take the necessary measures to ensure that an
application to the competent authority for a permit includes a descrip-tion of:
— the installation and its activities,
— the raw and auxiliary materials, other substances and the energy
used in or generated by the installation,
— the sources of emissions from the installation,— the conditions of the site of the installation,— the nature and quantities of foreseeable emissions from the installa-
tion into eachmedium as well as identification of significant effects
of the emissions on the environment,
— the proposed technology and other techniques for preventing or,
where this not possible, reducing emissions from the installation,
— where necessary, measures for the prevention and recovery of waste
generated by the installation,
— further measures planned to comply with the general principles of
the basic obligations of the operator as provided for in Article 3,
— measures planned to monitor emissions into the environment,
— the main alternatives, if any, studied by the applicant in outline.
An application for a permit shall also include a non-technical summary
of the details referred to in the above indents.
2. Where information supplied in accordance with the requirements
provided for in Directive 85/337/EEC or a safety report prepared in
accordance withCouncil Directive 82/501/EEC of 24 June 1982 on
the major-accident hazards of certain industrial activities (
1) or other
information produced in response to other legislation fulfils any of therequirements of this Article, that information may be included in, orattached to, the application.
Article 7
Integratedapproachtoissuingpermits
Member States shall take the measures necessary to ensure that the
conditions of, and procedure for the grant of, the permit are fully coor-dinated where more than one competent authority is involved, in orderto guarantee an effective integrated approachby all auth orities compe-tent for this procedure.
Article 8
Decisions
Without prejudice to other requirements laid down in national or
Community legislation, the competent authority shall grant a permit
containing conditions guaranteeing that the installation complies withthe requirements of this Directive or, if it does not, shall refuse to grantthe permit.
All permits granted and modified permits must include details of the
arrangements made for air, water and land protection as referred to inthis Directive.1996L0061 — EN — 25.06.2003 — 001.001 — 8
(1) OJ No L 230, 5. 8. 1982, p. 1. Directive as last amended by Directive 91/
692/EEC (OJ No L 377, 31. 12. 1991, p. 48).▼M1
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Article 9
Conditionsofthepermit
1. Member States shall ensure that the permit includes all measures
necessary for compliance withth e requirements of Articles 3 and 10for the granting of permits in order to achieve a high level of protectionfor the environment as a whole by means of protection of the air, waterand land.
2. In the case of a new installation or a substantial change where
Article 4 of Directive 85/337/EEC applies, any relevant information
obtained or conclusion arrived at pursuant to Articles 5, 6 and 7 ofthat Directive shall be taken into consideration for the purposes ofgranting the permit.
3. The permit shall include emission limit values for pollutants, in
particular, those listed in in Annex III, likely to be emitted from the
installation concerned in significant quantities, having regard to their
nature and their potential to transfer pollution from one medium toanother (water, air and land). If necessary, the permit shall includeappropriate requirements ensuring protection of the soil and groundwater and measures concerning the management of waste generated
by the installation. Where appropriate, limit values may be supple-
mented or replaced by equivalent parameters or technical measures.
For installations under subheading 6.6 in Annex I, emission limit
values laid down in accordance with this paragraph shall take intoaccount practical considerations appropriate to these categories ofinstallation.
4. Without prejudice to Article 10, the emission limit values and the
equivalent parameters and technical measures referred to in paragraph3 shall be based on the best available techniques, without prescribingthe use of any technique or specific technology, but taking into accountthe technical characteristics of the installation concerned, its geogra-
phical location and the local environmental conditions. In all
circumstances, the conditions of the permit shall contain provisions onthe minimization of long-distance or transboundary pollution andensure a high level of protection for the environment as a whole.
5. The permit shall contain suitable release monitoring requirements,
specifying measurement methodology and frequency, evaluation proce-
dure and an obligation to supply the competent authority with data
required for checking compliance with the permit.
For installations under subheading 6.6 in Annex I, the measures
referred to in this paragraph may take account of costs and benefits.
6. The permit shall contain measures relating to conditions other
than normal operating conditions. Thus, where there is a risk that the
environment may be affected, appropriate provision shall be made forstart-up, leaks malfunctions, momentary stoppages and definitive cessa-tion of operations.
The permit may also contain temporary derogations from the require-
ments of paragraph 4 if a rehabilitation plan approved by the
competent authority ensures that these requirements will be met within
six months and if the project leads to a reduction of pollution.
7. The permit may contain such other specific conditions for the
purposes of this Directive as the Member State or competent authoritymay think fit.
8. Without prejudice to the obligation to implement a permit proce-
dure pursuant to this Directive, Member States may prescribe certainrequirements for certain categories of installations in general bindingrules instead of including them in individual permit conditions,provided that an integrated approach and an equivalent high level ofenvironmental protection as a whole are ensured.1996L0061 — EN — 25.06.2003 — 001.001 — 9
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Article 10
Bestavailable techniquesandenvironmentalqualitystandards
Where an environmental quality standard requires stricter conditions
than those achievable by the use of the best available techniques, addi-tional measures shall in particular be required in the permit, without
prejudice to other measures which might be taken to comply with
environmental quality standards.
Article 11
Developmentsinbestavailable techniques
Member States shall ensure that the competent authority follows or is
informed of developments in best available techniques.
Article 12
Changesbyoperatorstoinstallations
1. Member States shall take the necessary measures to ensure that
the operator informs the competent authorities of any changes planned
in the operation of the installation as referred to in Article 2 (10) (a).
Where appropriate, the competent authorities shall update the permit orthe conditions.
2. Member States shall take the necessary measures to ensure that
no substantial change in the operation of the installation within the
meaning of Article 2 (10) (b) planned by the operator is made without
a permit issued in accordance with this Directive. The application for apermit and the decision by the competent authority must cover thoseparts of the installation and those aspects listed in Article 6 that maybe affected by the change. The relevant provisions of Articles 3 and 6
to 10 and Article 15 (1), (2) and (4) shall apply mutatis mutandis .
Article 13
Reconsideration and updating of permit conditions by the compe-
tentauthority
1. Member States shall take the necessary measures to ensure that
competent authorities periodically reconsider and, where necessary,update permit conditions.
2. The reconsideration shall be undertaken in any event where:
— the pollution caused by the installation is of such significance that
the existing emission limit values of the permit need to be revised
or new suchvalues need to be included in th e permit,
— substantial changes in the best available techniques make it possible
to reduce emissions significantly without imposing excessive costs,
— the operational safety of the process or activity requires other tech-
niques to be used,
— new provisions of Community or national legislation so dictate.
Article 14
Compliancewithpermit conditions
Member States shall take the necessary measures to ensure that:
— the conditions of the permit are complied with by the operator when
operating the installation,
— the operator regularly informs the competent authority of the results
of the monitoring of releases and without delay of any incident oraccident significantly affecting the environment,
— operators of installations afford the representatives of the competent
authority all necessary assistance to enable them to carry out anyinspections within the installation, to take samples and to gatherany information necessary for the performance of their duties forthe purposes of this Directive.1996L0061 — EN — 25.06.2003 — 001.001 — 10
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Article 15
Accesstoinformationandpublicparticipationinthepermitproce-
dure
1. Member States shall ensure that the public concerned are given
early and effective opportunities to participate in the procedure for:
— issuing a permit for new installations,
— issuing a permit for any substantial change in the operation of an
installation,
— updating of a permit or permit conditions for an installation in
accordance withArticle 13, paragraph2, first indent.
The procedure set out in Annex V shall apply for the purposes of such
participation.
2. The results of monitoring of releases as required under the permit
conditions referred to in Article 9 and held by the competent authoritymust be made available to the public.
3. An inventory of the principal emissions and sources responsible
shall be published every three years by the Commission on the basisof the data supplied by the Member States. The Commission shallestablish the format and particulars needed for the transmission ofinformation in accordance withth e procedure laid down in Article 19.
In accordance with the same procedure, the Commission may propose
measures to ensure inter-comparability and complementarity betweendata concerning the inventory of emissions referred to in the firstsubparagraphand data from oth er registers and sources of data on
emissions.
4. Paragraphs 1, 2 and 3 shall apply subject to the restrictions laid
down in Article 3 (2) and (3) of Directive 90/313/EEC.
5. When a decision has been taken, the competent authority shall
inform the public in accordance with the appropriate procedures andshall make available to the public the following information:
(a) the content of the decision, including a copy of the permit and of
any conditions and any subsequent updates; and
(b) having examined the concerns and opinions expressed by the public
concerned, the reasons and considerations on which the decision is
based, including information on the public participation process.
Article 15a
Accesstojustice
Member States shall ensure that, in accordance with the relevant
national legal system, members of the public concerned:
(a) having a sufficient interest, or alternatively,
(b) maintaining the impairment of a right, where administrative proce-
dural law of a Member State requires this as a precondition;
have access to a review procedure before a court of law or another
independent and impartial body established by law to challenge the
substantive or procedural legality of decisions, acts or omissions
subject to the public participation provisions of this Directive.
Member States shall determine at what stage the decisions, acts or
omissions may be challenged.
What constitutes a sufficient interest and impairment of a right shall be
determined by the Member States, consistently with the objective of
giving the public concerned wide access to justice. To this end, theinterest of any non-governmental organisation meeting the require-ments referred to in Article 2(14) shall be deemed sufficient for thepurpose of subparagraph (a) of this Article. Such organisations shall1996L0061 — EN — 25.06.2003 — 001.001 — 11
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also be deemed to have rights capable of being impaired for the
purpose of subparagraph(b) of th is Article.
The provisions of this Article shall not exclude the possibility of a
preliminary review procedure before an administrative authority and
shall not affect the requirement of exhaustion of administrative reviewprocedures prior to recourse to judicial review procedures, where sucha requirement exists under national law.
Any such procedure shall be fair, equitable, timely and not prohibi-
tively expensive.
In order to further the effectiveness of the provisions of this Article,
Member States shall ensure that practical information is made availableto the public on access to administrative and judicial review proce-dures.
Article 16
Exchangeofinformation
1. With a view to exchanging information, Member States shall take
the necessary measures to send the Commission every three years, and
for the first time within 18 months of the date on which this Directiveis brought into effect, the available representative data on the limitvalues laid down by specific category of activities in accordance withAnnex I and, if appropriate, the best available techniques from which
those values are derived in accordance with, in particular, Article 9.
On subsequent occasions the data shall be supplemented in accordancewith the procedures laid down in paragraph 3 of this Article.
2. The Commission shall organize an exchange of information
between Member States and the industries concerned on best availabletechniques, associated monitoring, and developments in them. Every
three years the Commission shall publish the results of the exchanges
of information.
3. Reports on the implementation of this Directive and its effective-
ness compared with other Community environmental instruments shallbe established in accordance with the procedure laid down in Articles 5and 6 of Directive 91/692/EEC. The first report shall cover the three
years following the date on which this present Directive is brought
into effect as referred to in Article 21. The Commission shall submitthe report to the Council, accompanied by proposals if necessary.
4. Member States shall establish or designate the authority or autho-
rities which are to be responsible for the exchange of information underparagraphs 1, 2 and 3 and shall inform the Commission accordingly.
Article 17
Transboundaryeffects
1. Where a Member State is aware that the operation of an installa-
tion is likely to have significant negative effects on the environment ofanother Member State, or where a Member State likely to be signifi-cantly affected so requests, the Member State in whose territory theapplication for a permit pursuant to Article 4 or Article 12(2) was
submitted shall forward to the other Member State any information
required to be given or made available pursuant to Annex V at thesame time as it makes it available to its own nationals. Suchinforma-tion shall serve as a basis for any consultations necessary in theframework of the bilateral relations between the two Member States
on a reciprocal and equivalent basis.
2. Within the framework of their bilateral relations, Member States
shall see to it that in the cases referred to in paragraph 1 the applica-tions are also made available for an appropriate period of time to thepublic of the Member State likely to be affected so that it will have1996L0061 — EN — 25.06.2003 — 001.001 — 12
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the right to comment on them before the competent authority reaches
its decision.
3. The results of any consultations pursuant to paragraphs 1 and 2
must be taken into consideration when the competent authority reaches
a decision on the application.
4. The competent authority shall inform any Member State, which
has been consulted pursuant to paragraph 1, of the decision reachedon the application and shall forward to it the information referred to
in Article 15(5). That Member State shall take the measures necessary
to ensure that that information is made available in an appropriatemanner to the public concerned in its own territory.
Article 18
Communityemissionlimitvalues
1. Acting on a proposal from the Commission, the Council will set
emission limit values, in accordance withth e procedures laid down in
the Treaty, for:
— the categories of installations listed in Annex I except for the land-
fills covered by categories 5.1 and 5.4 of that Annex,
and
— the polluting substances referred to in Annex III,
for which the need for Community action has been identified, on the
basis, in particular, of the exchange of information provided for in
Article 16.
2. In the absence of Community emission limit values defined
pursuant to this Directive, the relevant emission limit values contained
in the Directives referred to in Annex II and in other Community legis-
lation shall be applied as minimum emission limit values pursuant tothis Directive for the installations listed in Annex I.
Without prejudice to the requirements of this Directive, the technical
requirements applicable for the landfills covered by categories 5.1 and
5.4 of Annex I, shall be fixed by the Council, acting on a proposal by
the Commission, in accordance with the procedures laid down in theTreaty.
Article 19
Committee procedurereferred toinArticle 15(3)
The Commission shall be assisted by a committee composed of the
representatives of the Member States and chaired by the representativeof the Commission.
The representative of the Commission shall submit to the committee a
draft of the measures to be taken. The committee shall deliver itsopinion on the draft within a time limit which the chairman may laydown according to the urgency of the matter. The opinion shall bedelivered by the majority laid down in Article 148 (2) of the Treaty
in the case of decisions which the Council is required to adopt on a
proposal from the Commission. The votes of the representatives of theMember States within the committee shall be weighted in the mannerset out in that Article. The chairman shall not vote.
The Commission shall adopt the measures envisaged if they are in
accordance with the opinion of the committee.
If the measures are not in accordance with the opinion of the
committee, or if no opinion is delivered, the Commission shall, without
delay, submit to the Council a proposal relating to the measures to be
taken. The Council shall act by a qualified majority.
If, on the expiry of a period of three months from the date of referral to
the Council, the Council has not acted, the proposed measures shall beadopted by the Commission.1996L0061 — EN — 25.06.2003 — 001.001 — 13
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Article 20
Transitionalprovisions
1. The provisions of Directive 84/360/EEC, the provisions of Arti-
cles 3, 5, 6 (3) and 7 (2) of Directive 76/464/EEC and the relevant
provisions concerning authorization systems in the Directives listed in
Annex II shall apply, without prejudice to the exceptions provided forin Directive 88/609/EEC, to existing installations in respect of activ-ities listed in Annex I until the measures required pursuant to Article5 of this Directive have been taken by the competent authorities.
2. The relevant provisions concerning authorization systems in the
Directives referred to in paragraph1 sh all not apply to installations
which are new in respect of the activities listed in Annex I on the
date on which this Directive is brought into effect.
3. Directive 84/360/EEC shall be repealed 11 years after the date of
entry into force of this Directive.
As soon as the measures provided for in Article 4, 5 or 12 have been
taken in respect of an installation, the exception provided for in Article6 (3) of Directive 76/464/EEC shall no longer apply to installations
covered by this Directive.
Acting on a proposal from the Commission, the Council shall, where
necessary, amend the relevant provisions of the Directives referred toin Annex II in order to adapt them to the requirements of this Directivebefore the date of repeal of Directive 84/360/EEC, referred to in thefirst subparagraph.
Article 21
Bringingintoeffect
1. Member States shall adopt the laws, regulations and administra-
tive provisions necessary to comply with this Directive no later than
three years after its entry into force. They shall forthwith inform the
Commission thereof.
When Member States adopt these measures, they shall contain a refer-
ence to this Directive or shall be accompanied by such reference on theoccasion of their official publication. The methods of making suchreference shall be laid down by Member States.
2. Member States shall communicate to the Commission the texts of
the main provisions of national law which they adopt in the field
covered by this Directive.
Article 22
This Directive shall enter into force on the 20th day following its
publication.
Article 23
This Directive is addressed to the Member States.1996L0061 — EN — 25.06.2003 — 001.001 — 14
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ANNEXI
CATEGORIES OF INDUSTRIAL ACTIVITIES REFERRED TO IN
ARTICLE1
1. Installations or parts of installations used for research, development and
testing of new products and processes are not covered by this Directive.
2. The threshold values given below generally refer to production capacities
or outputs. Where one operator carries out several activities falling under
the same subheading in the same installation or on the same site, the capa-
cities of suchactivities are added togeth er.
1.Energyindustries
1.1. Combustion installations witha rated th ermal input exceeding 50 MW(1)
1.2. Mineral oil and gas refineries1.3. Coke ovens1.4. Coal gasification and liquefaction plants
2.Productionandprocessingofmetals
2.1. Metal ore (including sulphide ore) roasting or sintering installations2.2. Installations for the production of pig iron or steel (primary or secondary
fusion) including continuous casting, witha capacity exceeding 2,5 tonnes
per hour
2.3. Installations for the processing of ferrous metals:
(a) hot-rolling mills with a capacity exceeding 20 tonnes of crude steel per
hour
(b) smitheries with hammers the energy of which exceeds 50 kilojoule per
hammer, where the calorific power used exceeds 20 MW
(c) application of protective fused metal coats withan input exceeding 2
tonnes of crude steel per hour
2.4. Ferrous metal foundries witha production capacity exceeding 20 tonnes per
day
2.5. Installations
(a) for the production of non-ferrous crude metals from ore, concentrates
or secondary raw materials by metallurgical, chemical or electrolytic
processes
(b) for the smelting, including the alloyage, of non-ferrous metals,
including recovered products, (refining, foundry casting, etc.) witha
melting capacity exceeding 4 tonnes per day for lead and cadmium or
20 tonnes per 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 vats
exceeds 30 m
3
3.Mineral industry
3.1. Installations for the production of cement clinker in rotary kilns with a
production capacity exceeding 500 tonnes per day or lime in rotary kilns
witha production capacity exceeding 50 tonnes per day or in oth er
furnaces witha production capacity exceeding 50 tonnes per day
3.2. Installations for the production of asbestos and the manufacture of asbestos-
based products
3.3. Installations for the manufacture of glass including glass fibre with a
melting capacity exceeding 20 tonnes per day
3.4. Installations for melting mineral substances including the production of
mineral fibres witha melting capacity exceeding 20 tonnes per day
3.5. Installations for the manufacture of ceramic products by firing, in particular
roofing tiles, bricks, refractory bricks, tiles, stoneware or porcelain, witha1996L0061 — EN — 25.06.2003 — 001.001 — 15
(1) The material requirements of Directive 88/609/EEC for existing installations still apply
until 31 December 2003.
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production capacity exceeding 75 tonnes per day, and/or witha kiln capa-
city exceeding 4 m3and witha setting density per kiln exceeding 300 kg/
m3
4.Chemicalindustry
Production within the meaning of the categories of activities contained in
this section means the production on an industrial scale by chemical
processing of substances or groups of substances listed in Sections 4.1 to
4.6
4.1. Chemical installations for the production of basic organic chemicals, such
as:
(a) simple hydrocarbons (linear or cyclic, saturated or unsaturated,
aliphatic or aromatic)
(b) oxygen-containing hydrocarbons such as alcohols, aldehydes, ketones,
carboxylic acids, esters, acetates, ethers, peroxides, epoxy resins
(c) sulphurous hydrocarbons
(d) nitrogenous hydrocarbons such as amines, amides, nitrous compounds,
nitro compounds or nitrate compounds, nitriles, cyanates, isocyanates
(e) phosphorus-containing hydrocarbons
(f) halogenic hydrocarbons
(g) organometallic compounds
(h) basic plastic materials (polymers synthetic fibres and cellulose-based
fibres)
(i) synthetic rubbers
(j) dyes and pigments
(k) surface-active agents and surfactants
4.2. Chemical installations for the production of basic inorganic chemicals, such
as:
(a) gases, such as ammonia, chlorine or hydrogen chloride, fluorine or
hydrogen fluoride, carbon oxides, sulphur compounds, nitrogen oxides,
hydrogen, sulphur dioxide, carbonyl chloride
(b) acids, such as chromic acid, hydrofluoric acid, phosphoric acid, nitric
acid, hydrochloric acid, sulphuric acid, oleum, sulphurous acids
(c) bases, such as ammonium hydroxide, potassium hydroxide, sodium
hydroxide
(d) salts, such as ammonium chloride, potassium chlorate, potassium
carbonate, sodium carbonate, perborate, silver nitrate
(e) non-metals, metal oxides or other inorganic compounds such as
calcium carbide, silicon, silicon carbide
4.3. Chemical installations for the production of phosphorous-, nitrogen- or
potassium-based fertilizers (simple or compound fertilizers)
4.4. Chemical installations for the production of basic plant health products and
of biocides
4.5. Installations using a chemical or biological process for the production of
basic pharmaceutial products
4.6. Chemical installations for the production of explosives
5.Wastemanagement
Without prejudice of Article 11 of Directive 75/442/EEC or Article 3 of
Council Directive 91/689/EEC of 12 December 1991 on hazardous
waste (1):
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, as defined in
Annexes II A and II B (operations R1, 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 (2), witha capacity exceeding 10 tonnes per day1996L0061 — EN — 25.06.2003 — 001.001 — 16
(1) OJ No L 377, 31. 12. 1991, p. 20. Directive as amended by Directive 94/31/EC (OJ No
L 168, 2. 7. 1994, p. 28).
(2) Oj No L 194, 25. 7. 1975, p. 23. Directive as last amended by Directive 91/692/EEC
(OJ No L 377, 31. 12. 1991, p. 48).
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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 (1) and Council Directive
89/429/EEC of 21 June 1989 on the reduction of air pollution from existing
municipal waste-incineration plants (2) witha capacity exceeding 3 tonnes
per hour
5.3. Installations for the disposal of non-hazardous waste as defined in Annex II
A to Directive 75/442/EEC under headings D8 and D9, with a capacity
exceeding 50 tonnes per day
5.4. Landfills receiving more than 10 tonnes per day or with a total capacity
exceeding 25000 tonnes, excluding landfills of inert waste
6.Otheractivities
6.1. Industrial plants for the production of:
(a) pulp from timber or other fibrous materials
(b) paper and board witha production capacity exceeding 20 tonnes per
day
6.2. Plants for the pre-treatment (operations such as washing, bleaching, mercer-
ization) or dyeing of fibres or textiles where the treatment capacity exceeds
10 tonnes per day
6.3. Plants for the tanning of hides and skins where the treatment capacity
exceeds 12 tonnes of finished products per day
6.4. (a) Slaughterhouses with a carcase production capacity greater than 50
tonnes per day
(b) Treatment and processing intended for the production of food products
from:
— animal raw materials (other than milk) with a finished product
production capacity greater than 75 tonnes per day
— vegetable raw materials witha finish ed product production capacity
greater than 300 tonnes per day (average value on a quarterly basis)
(c) Treatment and processing of milk, the quantity of milk received being
greater than 200 tonnes per day (average value on an annual basis)
6.5. Installations for the disposal or recycling of animal carcases and animal
waste witha treatment capacity exceeding 10 tonnes per day
6.6. Installations for the intensive rearing of poultry or pigs with more than:
(a) 40000 places for poultry
(b) 2 000 places for production pigs (over 30 kg), or
(c) 750 places for sows
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
tonnes per year
6.8. Installations for the production of carbon (hard-burnt coal) or electrogra-
phite by means of incineration or graphitization1996L0061 — EN — 25.06.2003 — 001.001 — 17
(1) OJ No L 163, 14. 6. 1989, p. 32.
(2) OJ No L 203, 15. 7. 1989, p. 50.
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ANNEXII
LIST OF THE DIRECTIVES REFERRED TO IN ARTICLES 18 (2)
AND20
1. Directive 87/217/EEC on the prevention and reduction of environmental
pollution by asbestos
2. Directive 82/176/EEC on limit values and quality objectives for mercury
discharges by the chlor-alkali electrolysis industry
3. Directive 83/513/EEC on limit values and quality objectives for cadmium
discharges
4. Directive 84/156/EEC on limit values and quality objectives for mercury
discharges by sectors other than the chlor-alkali electrolysis industry
5. Directive 84/491/EEC on limit values and quality objectives for discharges
of hexachlorocyclohexane
6. Directive 86/280/EEC on limit values and quality objectives for discharges
of certain dangerous substances included in List 1 of the Annex to Directive
76/464/EEC, subsequently amended by Directives 88/347/EEC and 90/415/
EEC amending Annex II to Directive 86/280/EEC
7. Directive 89/369/EEC on the prevention of air pollution from new muni-
cipal waste-incineration plants
8. Directive 89/429/EEC on the reduction of air pollution from existing muni-
cipal waste-incineration plants
9. Directive 94/67/EC on the incineration of hazardous waste
10. Directive 92/112/EEC on procedures for harmonizing the programmes for
the reduction and eventual elimination of pollution caused by waste from
the titanium oxide industry
11. Directive 88/609/EEC on the limitation of emissions of certain pollutants
into the air from large combustion plants, as last amended by Directive 94/
66/EC
12. Directive 76/464/EEC on pollution caused by certain dangerous substances
discharged into the aquatic environment of the Community
13. Directive 75/442/EEC on waste, as amended by Directive 91/156/EEC
14. Directive 75/439/EEC on the disposal of waste oils
15. Directive 91/689/EEC on hazardous waste1996L0061 — EN — 25.06.2003 — 001.001 — 18
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ANNEXIII
INDICATIVELIST OF THE MAIN POLLUTING SUBSTANCESTO BE
TAKEN INTO ACCOUNT IF THEY ARE RELEVANT FOR FIXING
EMISSIONLIMITVALUES
AIR
1. Sulphur dioxide and other sulphur compounds
2. Oxides of nitrogen and other nitrogen compounds3. Carbon monoxide
4. Volatile organic compounds
5. Metals and their compounds6. Dust
7. Asbestos (suspended particulates, fibres)
8. Chlorine and its compounds9. Fluorine and its compounds
10. Arsenic and its compounds
11. Cyanides12. Substances and preparations which have been proved to possess carcino-
genic or mutagenic properties or properties which may affect reproduction
via the air
13. Polychlorinated dibenzodioxins and polychlorinated dibenzofurans
WATER
1. Organohalogen compounds and substances which may form such
compounds in the aquatic environment
2. Organophosphorus compounds3. Organotin compounds
4. Substances and preparations which have been proved to possess carcino-
genic or mutagenic properties or properties which may affect reproduction
in or via the aquatic environment
5. Persistent hydrocarbons and persistent and bioaccumulable organic toxic
substances
6. Cyanides
7. Metals and their compounds8. Arsenic and its compounds
9. Biocides and plant health products
10. Materials in suspension11. Substances which contribute to eutrophication (in particular, nitrates and
phosphates)
12. Substances which have an unfavourable influence on the oxygen balance
(and can be measured using parameters suchas BOD, COD, etc.).1996L0061 — EN — 25.06.2003 — 001.001 — 19
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ANNEXIV
Considerations to be taken into account generally or in specific cases when
determining best available techniques, as defined in Article 2 (11), bearing in
mind the likely costs and benefits of a measure and the principles of precaution
and prevention:
1. the use of low-waste technology;
2. the use of less hazardous substances;3. the furthering of recovery and recycling of substances generated and used in
the process and of waste, where appropriate;
4. comparable processes, facilities or methods of operation which have been
tried withsuccess on an industrial scale;
5. technological advances and changes in scientific knowledge and under-
standing;
6. the nature, effects and volume of the emissions concerned;
7. the commissioning dates for new or existing installations;8. the length of time needed to introduce the best available technique;9. the consumption and nature of raw materials (including water) used in the
process and their energy efficiency;
10. the need to prevent or reduce to a minimum the overall impact of the emis-
sions on the environment and the risks to it;
11. the need to prevent accidents and to minimize the consequences for the
environment;
12. the information published by the Commission pursuant to Article 16 (2) or
by international organizations.1996L0061 — EN — 25.06.2003 — 001.001 — 20
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ANNEXV
Publicparticipationindecision-making
1. The public shall be informed (by public notices or other appropriate means
such as electronic media where available) of the following matters early in
the procedure for the taking of a decision or, at the latest, as soon as the
information can reasonably be provided:
(a) the application for a permit or, as the case may be, the proposal for the
updating of a permit or of permit conditions in accordance withArticle
15(1), including the description of the elements listed in Article 6(1);
(b) where applicable, the fact that a decision is subject to a national or trans-
boundary environmental impact assessment or to consultations between
Member States in accordance withArticle 17;
(c) details of the competent authorities responsible for taking the decision,
those from which relevant information can be obtained, those to which
comments or questions can be submitted, and details of the time schedule
for transmitting comments or questions;
(d) the nature of possible decisions or, where there is one, the draft decision;
(e) where applicable, the details relating to a proposal for the updating of a
permit or of permit conditions;
(f) an indication of the times and places where, or means by which, the rele-
vant information will be made available;
(g) details of the arrangements for public participation and consultation made
pursuant to point 5.
2. Member States shall ensure that, within appropriate time-frames, the
following is made available to the public concerned:
(a) in accordance withnational legislation, th e main reports and advice
issued to the competent authority or authorities at the time when the
public concerned were informed in accordance withpoint 1;
(b) in accordance with the provisions of Directive 2003/4/EC of the
European Parliament and of the Council of 28 January 2003 on public
access to environmental information (1), information other than that
referred to in point 1 which is relevant for the decision in accordance
with Article 8 and which only becomes available after the time the
public concerned was informed in accordance withpoint 1.
3. The public concerned shall be entitled to express comments and opinions to
the competent authority before a decision is taken.
4. The results of the consultations held pursuant to this Annex must be taken
into due account in the taking of a decision.
5. The detailed arrangements for informing the public (for example by bill
posting within a certain radius or publication in local newspapers) and
consulting the public concerned (for example by written submissions or by
way of a public inquiry) shall be determined by the Member States. Reason-
able time-frames for the different phases shall be provided, allowing
sufficient time for informing the public and for the public concerned to
prepare and participate effectively in environmental decision-making subject
to the provisions of this Annex.1996L0061 — EN — 25.06.2003 — 001.001 — 21
(1) OJ L 41, 14.2.2003, p. 26.