COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 15.05.1995 
COM(95) 88 final - SYN 526 
Amended proposal for a 
COUNCIL DIRECTIVE 
concerning Integrated Pollution Prevention and Control 
(presented by the Commission pursuant to Article 189 a (2) 
of the EC-Treaty) 
."'';• Explanatory Memorandum 
In accordance with Article 130 S, paragraph 1, of the EC Treaty, the Council consulted the 
European Parliament on the directive proposal concerning integrated pollution prevention and 
control (COM (93) 0423 - 00/0526 (SYN) ) (1), At its Plenary Session in December 1994 
the European Parliament approved 57 amendments 25 of which where accepted by the 
Commission either in whole or in part. 
The accepted and rejected amendments are commented as follows. 
Amendments accepted bv the Commission. 
Amendment 2 (Recital 11 a) and 16 (Article 2 a new) introduces the .useful concept of "basic 
obligations of the operators". These amendments are partly accepted, with a simplification of 
the wording. This has resulted in the acceptation of amendment 26 (Article 8). 
The part of amendment 8 (Article 2 (1) (b)) conœrning the deletion of the exclusion of final 
products and radioactive substances is justified from a technical point of view. In particular 
radioactive substances are frequently utilized in activities listed in Annex I, and the protection 
of the environment against the damages caused by these substances is not directly covered by 
the Euratom Treaty. 
The addition of light and vibrations included in amendment 9 (Article 2.(2)), is justified from 
a technical point of view for a definition already including heat and noise. Other proposed 
additions, in particular "non ionizing radiation or similar influences ", would create confusion. 
The same addition, included in amendment 10, must consequently be introduced in Article 
2(4). 
The modification of the definition of "substantial change", as proposed by amendment 12 
(Article 2(9)) aims at covering more exhaustively all types of important changes. It is 
accepted with a modification of the wording, allowing a useful distinction between "change" 
and "substantial change". 
Amendment 41 (Annex 1.1.1. a new) concerns nuclear plants. These plants also emit 
substances listed in Annex III. Furthermore, their impact on the environment is not directly 
covered by the Euratom Treaty. This amendment is therefore accepted, with modifications to 
the wording. .'•..' 
The first part of amendment 17 (Article 4), which allows a greater flexibility in the permitting 
procedure for existing installations, is accepted with a slight modification. 
The first part of amendment 7 (Article 1), specifying the scope of the proposal, is accepted 
whereas its second part, placing the efficient use of raw materials, water and energy among 
the main objectives of the directive, is rejected. 
(1)JOC311 du 17.11.1993, p. 6 
Other amendments, partially or entirely accepted, bring useM technical complements (43,44, 
66, 47, 49, 53, 54, 55 concerning respectively Annex 12.5 a new, 5.1, 6.1, 6.4, 6.7 a new, 
Annex III, 10 a new, 10 b new, 10 c new ), juridical clarification and improvements ( 15, 
36^40 concerning respectively Article 2(12), Article 14 final paragraph new, Article 18), or 
clarification of the wording (3, 25, 27, 35 concerning respectively Recital 23, Article 8(3), 
Article 8(5£ Article 14(1)). 
Amendments rejected by the Commission 
Amendments concerning the emission register (4, 31), and insurance against effects of v • 
pollution (28) are rejected because the Commission envisages the elaboration of specific 
instruments including these pro visions. V 
Amendments relating to public health (21,38), to the assessment of the effects (18), which 
are not appropriate in the context of the proposal, are not accepted. " 
Amendments relating to the fixation of emission limit value (5, 30 paragraph 1, 2, 3, 
amend.37) propose rules which are neither practicable nor justified, in particular the fixation 
of all these values at Cornmunity level. 
Amendment 30 paragraph 4 provides for a complicated taxation system which is not 
appropriate in the context of the proposal. 
The following amendments propose minor modifications or additions which are not relevant 
or do not bring any significant improvement to the text of the proposal: 1, 6,11,13,14,19, 
22,23,24^32,33,34,42,45,46,48,50,51,52,56. 
Amendments 20 and 29 concern fundamental obligations of the operator. They are rejected 
to avoid any overlapping with the accepted amendment 16. 
Amendment 39 is not compatible with Council decision 87/373/EEC of 13 July 1987(2). The 
Commission, therefore, maintains Art 17 of its original proposal creating a committee of an 
advisory nature. 
In accordance with Article 189 A paragraph 2 of me EC Treaty, the Commission modifies as 
foUows me text of its proposal concerning integrated pollution prevention and control, in order 
to include the accepted amendments into its proposal. 
* JO L197 dul&7.1987, p33 
Amended proposal for a 
COUNCIL DIRECTIVE 
concerning Integrated Pollution Prevention and Control 
QRIGINAL TEXT MODIFIED TEXT 
Recital 11a (new) 
Whereas the operator bears responsabilité for 
managing the environmental consequences of 
his activity during the entire service life of his 
installation and must himself attain an active 
strategy which contributes to improving of 
environmental protection on an appropriate and 
ongoing basis. 
Recital 23 
Whereas in order to inform the public about 
the operation of installations and the potential 
effect on the environment and to ensure the 
transparency of the licensing process 
throughout the Community, information 
relating to the application for a permit, the 
permit itself and associated monitoring data 
should be available to the public Whereas in order to inform the public about 
the operation of installations and the potential 
effect on the environment and to ensure the 
transparency of the licensing process 
throughout the Community, the public must 
have access, prior to any decision, to 
information relating to the application for a 
permit and hence the permit itself and 
associated monitoring data. 
Article 1 
The purpose of this directive is to provide for 
measures and procedures to prevent, wherever 
practicable, or to minimize emissions from 
industrial installations within the Community, 
so as to achieve a high level of protection for 
the environment as a whole. The purpose of this directive is to provide for 
measures and procedures to prevent, wherever 
practicable, or to minimize emissions from 
industrial installations referred to in Annex I 
within the Community, so as to achieve a high 
level of protection for the environment as a 
whole. 
Article 2 (1) (b) 
(b)"preparation" means mixture or solutions 
composed of two or more substances, but 
excluding final products, radioactives 
substances and preparations and genetically 
modified organisms. (b) "preparation" means mixtures or solutions 
composed of two or more substances, but 
excluding genetically modified organisms. 
Article 2 (2) 
2."pollution" means the introduction by human 
activity, directly or indirectly, of substances, 
preparations, heat or noise into the 
environmental media of air, water or land 
which may contribute to or cause : hazards to 
human health, harm to living resources or 
ecosystems or materials property or the 2."pollution" means the introduction by human 
activity, directly or indirectly of substances, 
preparations, heat, noise, light or vibrations 
into the environmental media of air, water or 
land which may contribute to or cause : 
hazards to human healths, harm to living 
resources or ecosystems or material property or 
1tky 
impairment of or interference with amenities 
and other legitimate uses of the environment ths impairement of or interference with 
amenities and other legitimate uses of the 
environment 
Articled (4) 
4."emission" means: 
(a) a release of a substance, preparation, heat 
or noise to air or water (an emission to sewer 
being considered an emission to water);and 
(b) the deposit, storage or disposal of 
substances or preparation in or on land which 
may contribute to or cause pollution. 4."emission" means: 
(a) a release of a substance, preparation, heat, 
noise, light or vibrations to air or water or to 
land ; and 
(b) the deposit, storage or disposal of 
substances or preparations in or on land which 
may contribute to or cause pollution. 
Article 2 (9) 
"substantial change" means an increase of 5% 
or more in the total amount specific rate or 
concentration of emissions of any of those 
substances and preparations listed in annex IE, 
as compared to those allowed under a permit 
or any emission of any of the substances or 
preparations listed in annex BJ which is not 
included in the conditions of the permit (a"> "change in operation"means a change in the 
characteristics, nature or method of operation 
or the extension of the installation which leads 
to a departure from the conditions of the 
permit or which may affect the requirements 
for the granting of the permit 
(b) "substantial charge" means a change in 
operation as referred to in subparagraphe (al 
which may have adverse effects on human 
beings or the environment . 
Article 2 (12) 
12. "existing installations" means an 
installation in operation before 1 July 1995 or 
build or permitted under existing legislation 
before that date ; "new installation" means an 
installation permitted and built after that date. 12."existing installation" means an installation 
in operation before 1 July 1995 or built or 
permitted under existing legislation before that 
date, without prejudice to the Community 
directives specifically laid down for specific 
installation : "new installation" means an 
installation permitted and built after that date. 
Article 2a (new) 
Basic obligations of the operator 
Member States shall ensure that the operator of 
an installation authorized according to this 
directive is under an obligation to operate his 
installation in such a way that : 
-appropriate preventive measures are taken 
against pollution; 
-waste.is prevented or recycled where it is 
technically feasible and economically viable 
-energy, water and natural resources are 
rationally utilized: -. 
-the necessary measures are taken to prevent 
accidents and limit their consequences to 
human beings and the environment. 
Member States shall ensure that the operator 
takes the appropriate measures in order to 
avoid harms to the human beings and the 
environment at the time when the installation 
has permanently ceased operation. 
Article 4 
Member States shall ensure that no existing 
installation shall be operated later than 30 June 
2005, without a permit issued in accordance 
with this Directive, unless this is otherwise 
stated in specific Community legislation. 
Where environmental quality standards or, 
where they do not exist, relevant guidelines 
already recommended by the World Health 
Organization are being breached, existing 
installations shall be given priority in 
undergoing this licensing procedures. Member States shall ensure that no existing 
installations shall be operated later than 30 
June 2005, without a permit issued in 
accordance with this Directive, or a permit 
meeting the substantive requirements of its 
articles 2a. 8. 9 and 13 unless this is otherwise 
stated in specific Community legislation. 
Where environmental quality standards or, 
where they do not exist relevant guidelines 
already recommended by the World Healtir 
Organization are being breached, existing 
installations shall be given priority in 
undergoing this licensing procedure. 
Article 8 (3) 
The permit shall contain suitable monitoring 
requirements, specifying thé measurement 
methodology, frequency and evaluation 
procedure and an obligation to supply the 
competent authority with data required for 
checking compliance with the permit The 
permit shall also require that tests on emissions 
carried out by the operation or by third parties The permit shall contain suitable monitoring 
requirements, specifying the measurement 
methodoloy, frequency and evaluation 
procedure and an obligation to supply the 
competent authority with data required for 
checking compliance with the permit The 
permit shall also require that tests on emissions 
carried out by the operator or by third parties 
be certified by;, an independent test laboratory 
which conforms to EN standard 45001. be certified regularly by an independent test 
laboratory which conforms to EN standard 
45001. 
Article 8 (4) 
The permit shall contain conditions to the 
effect that when the installation has 
permanently ceased operation, all measures 
shall be taken in order to ensure that no harm 
to the environment occurs. • • - . deleted 
Article 8 (5) 
The permit shall contain conditions concerning 
the failure/breakdown of pollution control 
equipment and emission limit values for other 
than normal operation conditions, such as 
running in. start-up and shut-down but shall 
not contain provisions interfering with the need 
to protect the safety, and security of the 
workforce. The permit shall contain conditions concerning 
the failure/breakdown of pollution control 
equipment, and emission limit values for other 
than normal operating conditions, such as 
commissioning, start-up and shut-down but 
shall not contain provisions interfering with the 
need to protect the safety and security of the 
workforce. 
Article 14 (1) 
Member States shall take the necessary 
measures to ensure that applications for permits 
and for substantial changes are available for an 
appropriate period of time to the public which 
will have the right to comment on them before 
the competent authority reaches its decision. 
That decision, including a copy of the permit 
and any subsequent revisions to it shall also 
be available to the public. Member States shall take the necessary 
measures to ensure that applications for 
operating permits and for substantial changes 
are available for an appropriate period of time 
to the public. The public will have the right to 
comment on them before the competent 
authority reaches its decision. That decision, 
including a copy of the permit and any 
subsequent revisions to it, shall also be 
available to the public. 
Article 14 , final paragraph (new) 
A charge may be made for supplying 
information under the Article and Article 10. 
but it must be reasonable and may not exceed 
the cost of the administration required to 
supply the information. 
Article 18 
This Directive shall not prevent any Member 
State from maintaining or introducing more 
stringent protective measures compatible with 
the Community legislation. Thos measures 
shall be notified to the Commission. l.This Directive shall not prevent any Member 
State from maintaining or introducing more 
stringent protective measures compatible with 
the Community legislation. Those measures 
shall be notified to the Commission. 
2.Member States may take other protection 
measures than those prescribed in this 
Directive, on condition that these measures are 
compatible with existing Community law. Thev 
may in particular: .' 
-define areas which are particularly polluted or 
which should be specially protected and forbid 
the construction of certain categories of 
installations or make their operation subject to 
considerations additional to the requirement to 
use that best available techniques: 
-use economic instruments where appropriate: 
-require categories of installations, in addition 
to those listed in Annex I, to be subject to the 
provisions of this Directive: 
-consider other substances and preparations, in 
addition to those listed in Annex III, as 
polluting substances. 
3. Member States notify to the Commission of 
the measures which are adopted in application 
of the present Article. On the basis of this 
information the Commission shall examine 
whether there is a need to take action at 
Community level and present where 
appropriate useful proposals to the Council. 
Annex I, point 1.1 a (new) 
1.1.a Nuclear installation, aspects not covered 
bv the Euratom Treaty 
Annex I. point 2.5 a (new) 
2.5a Installations for the recvling of metal 
scrap 
Annex I. point 5.1. 
5.1. Installations for the treatment by 
incineration of solid and liquid waste which is 
not hazardous Installations for the treatment by incineration 
of hazardous or non hazardous solid and liquid 
waste 
% • ' ' . Annex I, point 6.1 
6.1. Plants for the manufacture of pulp 6.1. Plants for the manufacture of pulp 
(including integrated pulp, paper and board (including integrated pulp, paper and board 
mills) with a production capacity of 10000 mills) with a production capacity of 10000 
tonnes or more a year and plants for the tonnes or more a year and plants for the 
manufacture of paper and board with a N manufacture of paper and board with a 
production capacity of 25000 tonnes or more a production capacity of 10000 tonnes or more a 
year. year. 
Annex I, point 6.4. 
6.4.Installations for the canning of processing 6.4.Installations for the processing of food 
of food employing more than 50 persons emitting or likely to emit substances and 
preparations listed in the appropriate section of 
Annex III and which may cause pollution. 
Annex I, point 6.7. a (new) 
6.7.a.Installations in which surfaces are plated 
with metals electrolvticallv or chemically 
Annex III, 'Water', point 10 a (new) 
10a. Pesticides and biocides, with the exception 
of those which are rapidly converted into 
substances which are biologically harmless 
Annex HI 'Water' point 10 b (new) 
lOb.Substances contained in washing and 
cleaning products : perborates, 
polvcarboxvlates. nonvl phenols 
Annex HI 'Water', point 10 c (new) 
10c. Complexing agents : NTA. EDTA. 
DTPA 
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ISSN 0254-1475 
COM(95) 88 final 
DOCUMENTS 
EN 14 
Catalogue number : CB-CO-95-100-EN-C 
ISBN 92-77-86836-8 
Office for Official Publications of the European Communities 
L-2985 Luxembourg