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COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 24.06.1996 
COM(%) 306 final - SYN 526 
Re-examined proposal for a 
COUNCIL DIRECTIVE 
on integrated pollution prevention and control 
(presented by the Commission pursuant to Article 189 c (d) 
of the EC Treaty) 

EXPLANATORY MEMORANDUM 
On 14 September 1993 the Commission adopted a "Proposal for a Council Directive on Integrated 
Pollution Prevention and Control".(l) OJ C311, 17.11.93 
The Economic and Social Committee delivered its opinion on 27 April 1994. (2) OJ CI95, 18.7.94 
The European Parliament delivered its opinion at first reading on 14 December 1994. (3) OJ CI8, 
23.1.95 
On 15 May 1995 the Commission adopted an amended proposal under Article 189a(2) of the EC 
Treaty, incorporating a number of the amendments proposed by the European Parliament. (4) OJ C165, 
1.7.95 
On 27 November 1995 the Council adopted a common position on the Commission's amended 
proposal. (5) OJ C87, 25.3.96 
The European Parliament examined the Council's common position at second reading on 22 May 1996 
and approved it subject to 31 proposed amendments. 
The Commission has examined the amendments proposed by the European Parliament at second 
reading, incorporating a number of them into the present reexamined proposal. 
The Commission's position on the amendments approved by Parliament at second reading is as 
follows. 
Amendments accepted by the Commission 
Amendment 14 on Article 2(11) on definition of "best" in the concept of "best available techniques" 
deletes a superfluous phrase. 
Amendments 16 and 17 (article 3 paragraphs (b) and (f)) clarify the obligations of the operator 
regarding pollution control and on cessation of activities. Respect for human health was already 
implicit by virtue of its inclusion in the directive's definition of pollution, but a slightly modified form 
Parliament's proposal is included to make this explicit. 
amendments 18 and 21 (article 6(1), first indent and new 2nd subparagraph respectively) make more 
explicit the information which must be included in the permit application. The first is a minor 
modification, but the second is a useful provision regarding a non-technical summary of the rest of 
the information provided which will increase accessibility to the public and therefore transparency. 
Amendment 28 (article 13(1)) relates to the periodicity of permit review. The Commission accepts 
the principle of Parliament's amendment that a maximum period between revisions should be specified. 
However five years is too short and the Commission therefore reverts to its original proposal of a ten-
year review period. 
Amendment 30 (article 15(1) first subparagraph) relates to the public information provisions of the 
directive. The Commission accepts the tie-in with the EIA Directive proposed by Parliament with a 
slightly modified wording to take account of the specific provisions of that Directive. 
Amendment 39 (Annex I point 3.5) relates to the ceramic industry. Part of this amendment simply 
corrects translation errors. The significant part is the phrase "setting density per kiln". This reflects 
the fact that setting density, being a measurement of density, is kiln-specific and cannot be aggregated 
for the installation as a whole. 
Amendment 42 (Annex I point 6.7) relates to solvent using industries. The text proposed in the 
reexamined proposal has the same effect as that proposed by Parliament, and aligns the IPPC text with 
the threshold criterion the Commission proposes to use in its forthcoming proposal for the control of 
VOC emissions from certain stationary sources. 
Amendments not accepted by the Commission 
A group of 7 amendments - 4,5,8,15,24,49 and 52 - cannot be accepted because they would 
fundamentally distort the integrated approach. The obligation to consider local environmental 
conditions, which would be removed by amendments 4, 5 and 24, is essential to produce the optimised 
pollution control solution which is the goal of the Directive. Incorporation of the principle of costs 
and advantages in the definition of BAT, which would be deleted or distorted by amendments 49 and 
52, is also essential, as that definition determines the level of effort under the Directive, and without 
the reference to costs and benefits there would be no proportionality to the controls. Moreover every 
Member State makes this balance in practice in setting its own controls, and it is reasonable to 
recognise this at Community level also. Mandating the Commission to produce uniform emission limit 
value directives in every case, which would be the effect of amendment 8, would again distort the 
potential for local optimisation, although the Commission will propose such directives where 
necessary. 
The remaining 15 amendments - 2,7,10,19,20,22,32,33,34,35,37,44,46,54,57 - proposed a large number 
of small drafting changes. These are not included because they are already reflected elsewhere in the 
Common Position, or because they are out of keeping with the proposal for legal or technical reasons. 
In accordance with Article 189C(d) of the EC Treaty, the Commission modifies as follows the text 
of the Common Position on its proposal concerning integrated pollution prevention and control, in 
order to include the accepted amendments in the Common Position. 
REEXAMINED PROPOSAL FOR A 
COUNCIL DIRECTIVE 
on integrated pollution prevention and control 
COMMON POSITION 
Citations 
Recitals 
Article 1 
Article 2ri 1> first subparagraph 
"best available techniques" shall mean the most 
effective and advanced stage in the 
development of activities and their methods of 
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 environment 
as a whole. 
Article 3(b) 
(b) no significant pollution is caused; 
Article 3ffl 
(f) the necessary measures are taken upon 
definitive cessation of activities to avoid any 
pollution risk and return the site of operation 
to a satisfactory state. 
Article 4 
Article 5 
Article 6(1), first indent 
- the installation and its activities; AMENDED TEXT 
Unchanged 
Unchanged 
Unchanged 
"best available techniques shall mean the most 
effective and advanced stage in the 
development of activities and their methods of 
operation which indicate the practical 
suitability of particular techniques for 
providing the basis for emission limit values 
designed to prevent and, where that is not 
practicable, generally to reduce emissions and 
the impact on the environment as a whole. 
(b) no significant pollution, including in 
particular harm to human health, is caused; 
(f) the necessary measures are taken upon 
significant cessation of activities to avoid any 
pollution risk, including in particular risk to 
human health, and return the site of operation 
to a satisfactory state. 
Unchanged 
Unchanged 
- the installation and the nature and extent of 
its activities; 
Article 6(1), 2nd subparagraph (new) 
Article 7 
Article 8 
Article 9 
Article 10 
Article 11 
Article 12 
Article 13(1) 
Member States shall take the necessary 
measures to ensure that competent authorities 
periodically reconsider and where necessary 
update permit conditions. 
Article 14 
Article 15(1). first subparagraph 
1. Without prejudice to Council Directive 
90/313/EEC of 7 June 1990 on the freedom of 
access to information on the environment, 
Member States shall take the necessary 
measures to ensure that applications for permits 
for new installations or for substantial changes 
are made available for an appropriate period of 
time to the public, to enable it to comment on 
them before the competent authority reaches its 
decision. 
Article 16 
Article 17 An application for a permit shall also include 
a non-technical summary of the details referred 
to in the above indents. 
Unchanged 
Unchanged 
Unchanged 
Unchanged 
Unchanged 
Unchanged 
Member States shall take the necessary 
measure to ensure that competent authorities 
periodically, and at the latest ten years from 
the start-up of the operation, and at least once 
every ten years thereafter, reconsider and 
where necessary update permit conditions. 
Where a permit is updated for one of the 
reasons set out in paragraph 2. the ten-year 
period shall run from the date of the updating 
of the permit. 
Unchanged 
1. Without prejudice to Council Directive 
90/313/EEC of 7 June 1990 on the freedom of 
access to information on the environment, 
Member States shall take the necessary 
measures to ensure that applications for permits 
for new installations or for substantial changes 
are made available for an appropriate period of 
time to the public, together with any relevant 
information obtained or conclusion arrived at 
pursuant to Articles 5. 6 and 7 of Directive 
85/337/EEC where article 4 of that Directive 
applies, to enable it to comment on them 
before the competent authority reaches its 
decision. 
Unchanged 
Unchanged 
s 
Article IS 
Article 19 
Article 20 
Article 21 
Article 22 
Article 23 
ANNEX 1(3,5) 
3.5 Installations for the manufacture of 
ceramic products ^ by burning in 
particular roofing tiles, bricks, 
refractory bricks, tiles, stoneware or 
porcelain, with a production capacity 
exceeding 75 tonnes per day, and/or 
with a kiln capacity exceeding 4m3 
and exceeding a loading density of 300 
kg/m3. 
ANNEX 1(6.7) 
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 
150kg per hour or more than 200 
tonnes per year. 
ANNEX II 
ANNEX III 
ANNEX IV Unchanged 
Unchanged 
Unchanged 
Unchanged 
Unchanged 
Unchanged 
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 
tonnes per day, and/or with a kiln 
capacity exceeding 4m3 and with a 
setting density per kiln exceeding 300 
kg/m3. 
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 
solvent consumption of more than 
150kg per hour or more than 200 
tonnes per year. 
Unchanged 
Unchanged 
Unchanged 
ISSN 0254-1475 
COM(96) 306 final 
DOCUMENTS 
EN 14 
Catalogue number : CB-CO-96-315-EN-C 
ISBN 92-78-05842-4 
Office for Official Publications of the European Communities 
L-2985 Luxembourg 
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