EN

Brussels, 21.12.2007

COM(2007) 844 final

2007/0286 (COD)

Proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on industrial emissions (integrated pollution prevention and control)

(Recast)

(presented by the Commission)

[COM(2007) 843 final]

[SEC(2007) 1679]

[SEC(2007) 1682]

EXPLANATORY MEMORANDUM

1) CONTEXT OF THE PROPOSAL

Grounds for and objectives of the proposal

The Lisbon Agenda, the Sixth Community Environment Action Programme as well as the EU Sustainable Development Strategy have been important drivers for the process of reviewing the Directive on integrated pollution prevention and control (IPPC) and related legislation on industrial emissions. One of their main elements concerns the achievement of environmental improvements while at the same time ensuring cost-effectiveness and encouraging technical innovation. Furthermore, the review has been identified in the context of Better Regulation and has been included in the EC's simplification rolling programme covering the period 2006-2009.

General context

Industrial activities are an important part of our economy. However, they also contribute to environmental pollution and to the production of waste and use of energy. Despite a reduction of emissions over the past decades, industrial activities remain a major source of pollutants.

The IPPC Directive covers some 52 000 installations. Emissions to air from these installations represent a large share of total emissions of key pollutants and far exceed the objectives set out in the Thematic Strategy on Air Pollution. Without further reduction of emissions from IPPC installations, the positive health and environmental effects to be obtained from these objectives will not materialise.

Industrial activities also lead to other significant environmental impacts, for example on water, soil and waste. An integrated approach taking into account cross-media effects in permitting is therefore essential.

The central element of such an approach is the implementation of Best Available Techniques (BAT). This is defined as using established techniques which are the most effective in achieving a high level of environmental protection as a whole and which can be implemented in the relevant sector under economically and technically viable conditions, taking into account the costs and advantages.

An information exchange on BAT is being organized by the Commission with Member States and other stakeholders to establish BAT reference documents (BREFs) indicating what is regarded as BAT at EU level for each industrial sector.

Industrial installations are also covered by sectoral directives, which set out operating conditions and other technical requirements. In relation to the IPPC Directive, these provisions are to be considered as minimum requirements.

Existing provisions in the area of the proposal

This proposal aims to revise and recast the following separate instruments into a single legal act.

Council Directive 78/176/EEC of 20 February 1978 on waste from the titanium dioxide industry, OJ L 54, 25.2.1978, p. 19

Council Directive 82/883/EEC of 3 December 1982 on procedures for the surveillance and monitoring of environments concerned by waste from the titanium dioxide industry, OJ L 378, 31.12.1982, p. 1

Council Directive 92/112/EEC of 15 December 1992 on procedures for harmonizing the programmes for the reduction and eventual elimination of pollution caused by waste from the titanium dioxide industry, OJ L 409, 31.12.1992, p. 11 (the last three being known collectively as: "TiO2 Directives").

Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control ("IPPC Directive"), OJ L 257, 10.10.1996, p. 26

Council Directive 1999/13/EC of 11 March 1999 on the limitation of emissions of volatile organic compounds due to the use of organic solvents in certain activities and installations ("VOC Solvents Directive"), OJ L 85, 29.3.1999, p. 1

Directive 2000/76/EC of the European Parliament and of the Council of 4 December 2000 on the incineration of waste ("Waste Incineration Directive"), OJ L 332, 28.12.2000, p. 91

Directive 2001/80/EC of the European Parliament and of the Council of 23 October 2001 on the limitation of emissions of certain pollutants into the air from large combustion plants ("LCP Directive"), OJ L 309, 27.11.2001, p. 1

Consistency with other policies and objectives of the Union

This proposal is consistent with Article 175 of the Treaty establishing the European Community and aims to provide a high level of protection for human health and the environment.

2) CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT

Consultation of interested parties

2Consultation methods, main sectors targeted and general profile of respondents

The review process began at the end of 2005 and is based on an extensive programme of studies and continuous consultation with stakeholders, including the setting up of an Advisory Group, the organization of a Stakeholders’ Hearing and an internet consultation.

Summary of responses and how they have been taken into account

An internet consultation was organised during the period 17 April – 18 June 2007. About 450 responses were received and analysed.

A large majority of the respondents agreed that:

· EU legislation should continue to cover all the main environmental impacts of the IPPC installations in an integrated way;

· BAT should remain the key principle in preventing/minimising the risk of pollution from industrial installations and that BREFs should play a central role in BAT implementation;

· certain minimum rules should be set at EU level regarding the issue of inspection and additional actions defined in the field of the monitoring and reporting of emissions;

· specific research can help to identify new techniques for consideration as potential future BAT;

· unnecessary monitoring and reporting requirements should be removed from operators and all the reporting requirements from Member States to the Commission should be combined and streamlined.

All background information is available on a public CIRCA website [1] dedicated to this initiative.

Collection and use of expertise

Scientific fields /areas of expertise concerned

The following areas of expertise have been used in developing this proposal: (1) assessment of health and environmental impacts from industrial emissions (to air, water, soil) (2) environmental technologies to prevent or mitigate industrial emissions (3) economic analysis and modelling (4) estimation of health impacts including quantification in monetary terms (5) estimation of ecosystem benefits (6) expertise in the permitting and control of industrial installations.

Methodology used

The principal methodologies used were expert meetings and the commissioning of an extensive programme of studies, including modelling and collection of detailed information on implementation through case studies and also sectoral and geographical assessment.

Main organisations/experts consulted

A wide range of experts from Member States, scientific experts, industry, environmental NGOs and specialized consultants were consulted.

Summary of advice received and used225

The evidence that the Commission received may be summarised as follows: (i) industrial emissions can lead to serious risks to human health and the environment but can be prevented and controlled in a cost-effective way through the application of Best Available Techniques, (ii) a strengthening of current provisions is necessary in order to exploit the potential of BAT for the benefit of the environment and to support Member States in implementing such provisions, (iii) interactions between different pieces of legislation should be streamlined and certain provisions on reporting and monitoring simplified to reduce unnecessary administrative burdens and to enhance the current implementation practice.

Means used to make the expert advice publicly available

All reports (in both draft and final forms) from experts and contacts, as well as comments and contributions from stakeholders, have been routinely uploaded to the internet for public dissemination.230

Impact assessment

The main problems identified in the Impact Assessment (IA) relate (1) to shortcomings in the current legislation that lead to unsatisfactory implementation and difficulties in Community enforcement actions and, thereby, to loss of health and environmental benefits and (2) to the complexity and lack of coherence of parts of the current legal framework. These problems not only make it difficult to achieve the objectives laid down in the EU Sustainable Development Strategy and in particular the Thematic Strategies, but also have the potential to create distortion of competition due to big differences in environmental standards and unnecessary administrative burdens.

The IA, on the basis of these findings, assessed a number of policy options with the aim of identifying a cost-effective package of measures to address the above issues. The assessment has led the Commission to propose the following:

As regards the inconsistencies and complexity of the current legislation, the Commission is proposing a single Directive which combines, by means of a recast, the IPPC Directive and six sectoral Directives.

In addition, a revision of certain provisions of the existing legislation is necessary in order to address the shortcomings in the actual application of BAT, the problems raised by certain unclear requirements (for instance on BAT-based permitting or permit review), the lack of provisions on enforcement and the limitations of the legislation in terms of meeting the objectives of the Thematic Strategies. Some of the main amendments of the legislation that are recommended are the following:

· clarification and strengthening of the concept of BAT;

· revision of the minimum emission limit values for Large Combustion Plants and installations producing titanium dioxide to align them with BAT standards;

· creation of a Committee to adapt existing non-essential technical requirements to scientific and technical progress or establish the type and format of the reporting by the Member States;

· introduction of provisions on inspection and environmental improvements;

· stimulating innovation and the development and deployment of new techniques;

· simplifying and clarifying certain provisions on permitting, monitoring and reporting to cut unnecessary administrative burdens;

· extending and clarifying the scope and provisions of the legislation to better contribute to the objectives of the Thematic Strategies.

The IA report is accessible on http://ec.europa.eu/environment/ippc/index.htm.

3) LEGAL ELEMENTS OF THE PROPOSAL305

Summary of the proposed action

The aim of the current proposal is to revise and merge seven separate existing Directives related to industrial emissions into a single Directive.

The use of the recasting technique makes it possible to combine in a single text both the substantive amendments proposed to the Directives and those of their original provisions which remain unchanged.

Furthermore, the proposal will strengthen or add certain provisions to ensure better implementation and enforcement of the legislation by national authorities with the aim of achieving a high level of environmental protection, while simplifying legislation and at the same time reducing unnecessary administrative burdens. Clearer provisions will allow better monitoring and enforcement of the legislation through Community actions.

Legal basis

The primary objective of the Directive is the protection of the environment. This proposal is therefore based on Article 175 EC.320

Subsidiarity principle

The subsidiarity principle applies insofar as the proposal does not fall under the exclusive competence of the Community.

The objectives of the proposal cannot be sufficiently achieved by the Member States for the following reasons:3

The existing legislation sets minimum standards for the prevention and control of industrial emissions throughout the Community. This principle is maintained in the proposal. In addition, most industrial emissions (for instance to air or water) are of a transboundary nature. All Member States must therefore take measures in order that the risks to the population and the environment in each Member State can be reduced.

Community action will better achieve the objectives of the proposal for the following reasons.324

The major thrust of this proposal is to amend and simplify existing legislation related to industrial emissions which applies minimum standards for the prevention and control of industrial emissions across the whole Community. Industrial emissions contribute substantially to overall emissions to air, water and soil as well as to the generation of waste and the use of energy. Industrial emissions generally also have substantial transboundary components, which means that pollutants emitted into the air or in water contribute to the pollution measured in other Member States. The scale of the problem demands Community-wide action. Individual Member States cannot solve the problems alone, and concerted action at the EU scale is required.

The proposal concentrates on simplifications to existing legislation and on the strengthening of some provisions to improve implementation by Member States and enforcement of the legislation through Community actions. The proposal leaves the means of implementation, enforcement and compliance to be decided by the appropriate Member State authorities, thus ensuring minimum standards of protection for the environment and for all citizens of the EU.

The proposal therefore complies with the subsidiarity principle.

Proportionality principle

The proposal complies with the proportionality principle for the following reasons.331

The chosen legal instrument is a directive, as (1) the proposal aims to recast and simplify existing directives; and (2) it establishes objectives whilst leaving the details of implementation to the Member States.

332

The proposal introduces a number of innovations that will reduce the unnecessary financial and administrative burden, in particular by encouraging, at Member State level, a combined permitting of installations which are subject to different pieces of legislation at EU level, by simplifying the monitoring and reporting requirements and by moving towards a shared information system and electronic reporting on industrial emissions. In addition, certain reporting requirements will be repealed.

Although the proposal introduces more specific provisions on enforcement, compliance and permit reviews, it leaves sufficient flexibility to the authorities of the Member States to establish the most cost-effective implementation regimes to achieve the objectives of the legislation. Furthermore, the proposal will clarify the current scope of the legislation to avoid the present inconsistent and non-harmonized interpretations by the Member States. A limited number of additional sectors are proposed for inclusion in the legislation based on a thorough analysis of the impacts showing the necessity, the value added and the proportionality of such an extension.

The proposal therefore complies with the proportionality principle.

Choice of instruments

Proposed instruments: directive.34

2

Other means would not be adequate for the following reasons:

The aim of the current proposal is to merge and simplify seven existing directives into a single instrument. Given this, and the fact that the existing legislation sets Community objectives while leaving the choice of measures for compliance to the Member States, the best instrument is a directive.

4) BUDGETARY IMPLICATION409

The proposal has no implication for the Community budget.

5) ADDITIONAL INFORMATION510

Simplification

The proposal provides for simplification of legislation and simplification of administrative procedures for public authorities (EU or national).512

The recast will simplify and streamline existing provisions. Redundant provisions and unnecessary obligations will be repealed, while reporting and monitoring requirements will be simplified by a move towards electronic reporting. This should assist Member States' actions to reduce unnecessary administrative burdens, since the largest savings come from changing implementation practices at Member State level. This reflects the nature of the legislation, which provides the framework and the principles rather than the details on implementation. 515

The proposal is included in the Commission's rolling programme for simplification of the acquis communautaire and its Work and Legislative Programme under the reference CLWP 2007/ENV/002.520

Repeal of existing legislation

The adoption of the proposal will lead to the repeal of seven existing Directives.

Review/revision/sunset clause

The Commission will review the implementation of legislation and report every three years to the Council and the European Parliament.

Correlation table

The Member States are required to communicate to the Commission the text of national provisions transposing the Directive as well as a correlation table between those provisions and this Directive.560

European Economic Area

The proposed act concerns an EEA matter and should therefore extend to the European Economic Area.570

Detailed explanation of the proposal

The scope of application of the present Directives has not been changed. The proposal applies to activities listed in Annex I (corresponding to the scope of the current IPPC Directive) and in Part 1 of Annex VII (corresponding to the scope of the current VOC Solvents Directive), to combustion plants, to waste incineration plants and waste co-incineration plants and to installations producing titanium dioxide. However, the present scope of Annex I has been slightly amended to include some additional activities such as combustion installations between 20 and 50 MW, the preservation of wood and wood products and the production of wood panels.

The proposal is structured in seven chapters. Chapter I is the general umbrella part setting common provisions applying to all industrial activities covered by this Directive. Chapter II covers activities set out in Annex I and lays down special provisions for those activities by amending the current requirements of the IPPC Directive. Chapters III to VI contain minimum technical requirements for large combustion plants, waste incineration plants, solvents installations and titanium dioxide installations, respectively. Chapter VII contains provisions on competent authorities, reporting by Member States, committee, penalties and the standard closing provisions.

Comments on the Articles

The comments on the Articles only relate to those Articles which are new or where substantive changes have been introduced.

· Determination of permit conditions for activities listed in Annex I (Articles 14 to 17)

In order to achieve a high level of protection for the environment as a whole, the permit should include all the necessary measures and should also include emission limit values for polluting substances, appropriate requirements to protect the soil and groundwater as well as monitoring requirements. The conditions of the permit should be set on the basis of best available techniques.

In order to determine what is considered best available techniques and to limit the imbalances in the Community as regards the level of emissions of industrial activities, the Commission adopts the reference documents for the best available techniques, hereinafter "BAT reference documents" as a result of an exchange of information with stakeholders.

A detailed analysis has revealed that there are significant shortcomings in the implementation of best available techniques due to vague provisions on BAT in the current legislation, the large degree of flexibility left for competent authorities to deviate from it in the permitting process and the unclear role of the BREFs. As a result, permits issued for implementing the IPPC Directive often include conditions that are not based on BAT as described in the BREFs with little, if any, justification for such deviation.

As a result of these shortcomings, the environmental benefits originally intended have not been delivered and distortions in the internal market remain significant.

In order to address these shortcomings, the proposal lays down provisions to strengthen and clarify the use of BAT. The proposal requires that BAT reference documents are the reference for setting permit conditions and that emission limit values do not exceed the emission levels associated with the best available techniques as described in those BAT reference documents.

In order to take into account certain specific circumstances, the proposal enables competent authorities to grant derogations to allow emission limit values to exceed the emission levels associated with the best available techniques as described in the BAT reference documents. However, such derogations should be based on well defined criteria and should not exceed the emission limit values set out in Chapters III to VI of this Directive. In addition, such derogations, together with their justification should be made available to the public.

Furthermore, in order for operators to test emerging techniques which could provide for higher level of environmental protection, the proposal introduces a possibility for the competent authority to grant temporary derogations from emission levels associated with the best available techniques as described in the BAT reference documents.

The proposal also introduces a new requirement to monitor periodically the soil and groundwater on the site of the installations in order to ensure that appropriate information is available to protect these media from contamination by dangerous substances.

· Provisions on compliance and increase environmental improvements for activities listed in Annex I (Articles 22, 24 and 25)

The provisions in the current acquis on compliance reporting, inspections and permit reviews are vague resulting in large variations between Member States in the application of the legislation, and consequent sub-optimal levels of environmental protection and distortion of the internal market.

The proposal therefore lays down more specific provisions to ensure an effective implementation and enforcement of this Directive. As results, a new provision is introduced to require operators to regularly report on compliance with permit conditions to the competent authority. Member States should also ensure that the operator and the competent authority take necessary measures in a case of non-compliance with this Directive.

The proposal also introduces a requirement for permit conditions be reconsidered and, where necessary, updated after a new or updated BAT Reference Document is adopted in order to take account of developments in the best available techniques or other changes regarding the operation of an installation.

Furthermore, the proposal introduces requirements for Member States to provide for a system of environmental inspections. Those new provisions are largely based on the Recommendation 2001/331/EC providing for minimum criteria for environmental inspections in the Member States.

Those changes introduced will help in securing and, in certain cases, speeding up implementation of BAT thereby contributing to the achievement of the objectives of the Thematic Strategies and reducing distortion of competition.

· Site closure and remediation for activities listed in Annex I (Article 23)

Industrial activities can lead to significant negative impacts on the quality of soil and groundwater due to the use, manufacture or release of dangerous substances. The provisions of the current acquis are vague on the requirement regarding site closure and remediation after cessation of activities.

In order to clarify these requirements and help achieving the objectives of the Thematic Strategy on Soil protection, the proposal requires that a baseline report is established by the operators to provide quantified information on the state of soil and groundwater contamination. Upon definitive cessation of activities, the operator is required to remediate the site and return to that state.

· Emission limit values for combustion plants (Articles 33 and 35, Parts 1 and 2 of Annex V)

Emissions to air from large combustion plants present a large share of total emissions of key pollutants and far exceed the objectives set out in the Thematic Strategy on Air Pollution. Without a further reduction of emissions from these plants, the positive health and environmental effects to be obtained from these objectives will not materialise. It is therefore necessary to set more stringent emission limit values, aligned with best available techniques, for certain categories of combustion plants and pollutants.

· Monitoring requirements for waste incineration plants and waste co-incineration plants (Article 43 and 35, Part 6 of Annex VI)

In order to simplify the legislation and reduce unnecessary administrative costs while not altering the level of environmental protection, the proposal introduces some further derogation to the current minimum requirements for monitoring of certain emissions generated by waste incineration plants and waste co-incineration plants. These derogations can be granted by the competent authority only under specific conditions laid down in the proposal.

· Emission limit values and reporting requirements for installations producing titanium dioxide (Articles 63 to 64, Parts 1, 3 and 4 of Annex VIII)

Installations producing titanium dioxide can give rise to significant pollution into air and water. In order to reduce these impacts, the proposal introduces some more stringent emission limit values, aligned with best available techniques, for certain polluting substances.

· Implementing measures

The Directive confers implementing powers on the Commission. The cases in which implementing powers have been conferred are specifically listed in each relevant article. The measures to be adopted by the Commission will be subject to the regulatory procedure with scrutiny in accordance with Articles 5a (1) to (4), and 7 of Decision 1999/468/EC.

The implementing measures will be used in particular to establish criteria for the granting of the derogation from the emission levels associated with the best available techniques as described in the BAT reference documents and to adapt the non-essential minimum requirements set out in Annexes V to VIII to scientific and technical progress.

96/61/EC (adapted)

new

2007/0286 (COD)

Proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on industrial emissions concerning (integrated pollution prevention and control)

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 130s 175 (1) thereof,

Having regard to the proposal from the Commission [2],

Having regard to the opinion of the European Economic and Social Committee [3],

Having regard to the opinion of the Committee of the Regions [4],

Acting in accordance with the procedure laid down in Article 189c 251 of the Treaty [5],

Whereas:

new

(1) A number of substantial changes are to be made to Council Directive 78/176/EEC of 20 February 1978 on waste from the titanium dioxide industry [6], Council Directive 82/883/EEC of 3 December 1982 on procedures for the surveillance and monitoring of environments concerned by waste from the titanium dioxide industry [7], Council Directive 92/112/EEC of 15 December 1992 on procedures for harmonizing the programmes for the reduction and eventual elimination of pollution caused by waste from the titanium dioxide industry [8], Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control [9], Council Directive 1999/13/EC of 11 March 1999 on the limitation of emissions of volatile organic compounds due to the use of organic solvents in certain activities and installations [10], Directive 2000/76/EC of the European Parliament and of the Council of 4 December 2000 on the incineration of waste [11] and Directive 2001/80/EC of the European Parliament and of the Council of 23 October 2001 on the limitation of emissions of certain pollutants into the air from large combustion plants [12]. In the interests of clarity, these Directives should be recast.

(2) In order to prevent, reduce and as far as possible eliminate pollution arising from industrial activities in compliance with the ’polluter pays’ principle and the principle of pollution prevention, it is necessary to establish a general framework for the control of the main industrial activities giving priority to intervention at source and ensuring prudent management of natural resources.

(3) Different approaches to controlling emissions into the air, water or soil separately may encourage the shifting of pollution between the various environmental media rather than protecting the environment as a whole. It is therefore appropriate to provide an integrated approach to prevention and control of emissions into air, water or soil, to waste management, to efficient use of energy and to prevention of accidents.

(4) It is appropriate to revise the legislation related to industrial installations in order to simplify and clarify the existing provisions, reduce unnecessary administrative burdens and implement the conclusions of the Commission Communications on the Thematic Strategy for Air Pollution [13], the Thematic Strategy for Soil Protection [14] and the Thematic Strategy for the Prevention and Recycling of Waste [15] adopted as a follow-up of Decision No 1600/2002/EC of the European Parliament and of the Council of 22 July 2002 laying down the Sixth Community Environment Action Programme [16]. Those Thematic Strategies set objectives to protect human health and the environment which cannot be met without further reductions of emissions arising from industrial activities.

(5) In order to guarantee the prevention and control of pollution, each installation should operate only if it holds a permit or in the case of certain installations and activities using organic solvents, only if it holds a permit or if it is registered.

(6) In order to facilitate granting of permits, Member States should be able to set requirements for certain categories of installations in general binding rules.

(7) In order to avoid double regulation, the permit of an installation covered by Directive 2003/87 of the European Parliament and of the Council establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC [17] should not include an emission limit value for the emissions of greenhouse gases except where it is necessary to ensure that no significant local pollution is caused or where an installations is temporarily excluded from that scheme.

(8) Operators should submit an application for a permit to the competent authority which contains the information that is necessary for setting the permit conditions. Operators should be able to use information resulting from the application of Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of public and private projects on the environment [18] and of Council Directive 96/82/EC of 9 December 1996 on the control of major-accident hazards involving dangerous substances [19] when submitting an application for a permit.

(9) The permit should include all the necessary measures to achieve a high level of protection for the environment as a whole and should also include emission limit values for polluting substances, appropriate requirements to protect the soil and groundwater as well as monitoring requirements. The conditions of the permit should be set on the basis of best available techniques.

(10) In order to determine what is considered best available techniques and to limit the imbalances in the Community as regards the level of emissions of industrial activities, the Commission should adopt the reference documents for the best available techniques, hereinafter "BAT reference documents" as a result of an exchange of information with stakeholders. Those BAT reference documents should be the reference for setting permit conditions. They can be supplemented by other sources.

(11) In order to take into account certain specific circumstances, competent authorities should be able to grant derogations to allow emission limit values to exceed the emission levels associated with the best available techniques as described in the BAT reference documents. Such derogations should be based on well defined criteria and should not exceed emission limit values set out in this Directive.

(12) In order to enable operators to test emerging techniques which could provide for a higher level of environmental protection, the competent authority should also be able to grant temporary derogations from emission levels associated with the best available techniques as described in the BAT reference documents.

(13) Changes to an installation may give rise to higher levels of pollution. The competent authority should therefore be notified of any planned change which might affect the environment. Substantial changes to installations which may have significant negative effects on humans or the environment should be subject to the reconsideration of a permit to ensure that the installations concerned continue to meet the requirements of this Directive.

(14) The spreading of livestock manure and slurry can lead to significant impacts on the quality of the environment. In order to ensure the prevention and control of these impacts in an integrated way, it is necessary that manure and slurry generated by activities covered by this Directive are spread by the operator or by third parties using best available techniques. In order to provide Member States with flexibility in meeting these requirements, the application of best available techniques to operator or third party spreading may be specified within the permit or in other measures.

(15) In order to take account of developments in the best available techniques or other changes regarding the changes to an installation, permit conditions should be reconsidered regularly and, where necessary, updated, in particular where the Commission adopts a new or updated BAT reference document.

(16) It is necessary to ensure that the operation of an installation does not lead to a deterioration of the quality of soil and groundwater. Permit conditions should therefore include the monitoring of soil and groundwater and the operator should remediate the site upon definitive cessation of activities.

(17) In order to ensure an effective implementation and enforcement of this Directive, operators should regularly report on compliance with permit conditions to the competent authority. Member States should ensure that the operator and the competent authority take necessary measures in a case of non-compliance with this Directive and provide for a system of environmental inspections.

(18) Effective public participation in decision-making is necessary to enable the public to express, and the decision-maker to take account of, opinions and concerns which may be relevant to those decisions, thereby increasing the accountability and transparency of the decision-making process and contributing to public awareness of environmental issues and support for the decisions taken. Members of the public concerned should have access to justice in order to contribute to the protection of the right to live in an environment which is adequate for personal health and well-being.

(19) Large combustion plants contribute greatly to emissions of polluting substances into the air resulting in a significant impact on human health and the environment. In order to reduce that impact and to work towards meeting the requirements of Directive 2001/81/EC of the European Parliament and of the Council of 23 October 2001 on national emission ceilings for certain atmospheric pollutants [20] and the objectives set in the Commission Communication on the Thematic Strategy for Air Pollution, it is necessary to set more stringent emission limit values at Community level for certain categories of combustion plants and pollutants.

(20) In case of a sudden interruption in the supply of low-sulphur fuel or gas resulting from a serious shortage, the competent authority should be able to grant temporary derogations to allow emissions of the combustion plants concerned to exceed the emission limit values set out in this Directive.

(21) The operator concerned should not operate a combustion plant for more than 24 hours after malfunctioning or breakdown of abatement equipment and unabated operation should not exceed 120 hours in a twelve month period in order to limit the negative effects of pollution on the environment. However, where there is an overriding need of energy supplies or it is necessary to avoid an overall increase of emissions by operation of another combustion plant, competent authorities should be able to grant a derogation from these time limits.

(22) In order to ensure a high level of environmental and human health protection and to avoid transboundary movements of waste to plants operating at lower environmental standards, it is necessary to maintain and set stringent operational conditions, technical requirements and emission limit values for plants incinerating or co-incinerating waste within the Community.

(23) The use of organic solvents in certain activities and installations gives rise to emissions of organic compounds into the air which contribute to the local and transboundary formation of photochemical oxidants which causes damage to natural resources and has harmful effects on human health. It is therefore necessary to take preventive action against the use of organic solvents and establish the requirement to comply with emission limit values for organic compounds and appropriate operating conditions. It should be possible to grant derogations from compliance with the emission limit values to operators where other measures, such as the use of low-solvent or solvent-free products or techniques, provide alternative means of achieving equivalent emission limits.

(24) Installations producing titanium dioxide can give rise to significant pollution into air and water. In order to reduce these impacts, it is necessary to set at Community level more stringent emission limit values for certain polluting substances.

(25) The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission [21].

(26) In particular, power should be conferred on the Commission to establish criteria for the granting of derogations from the emission levels associated with the best available techniques as described in the BAT reference documents and for the determining of the frequency of periodic monitoring and of the content of the baseline report, as well as the criteria to be used for the appraisal of environmental risks. Power should also be conferred on the Commission to adopt measures concerning the development and application of emerging techniques, to set in certain cases an average emission limit value for sulphur dioxide, to set the date from which continuous measurements of the emissions to air of heavy metals, dioxins and furans shall be carried out, to establish the type and format of the information to be made available by the Member States to the Commission on the implementation of this Directive and to adapt Annexes V to VIII to scientific and technical progress. In the case of waste incineration plants and waste co-incineration plants, this may include the establishment of criteria to allow derogations from continuous monitoring of total dust emissions. Since those measures are of general scope and are designed to amend non-essential elements of this Directive, or to supplement this Directive by the addition of new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.

(27) Member States should lay down rules on penalties applicable to infringements of the provisions of this Directive and ensure that they are implemented. Those penalties should be effective, proportionate and dissuasive.

(28) In order to provide existing installations sufficient time to technically adapt to the new requirements of this Directive, some of the new requirements should apply to those installations after a fixed period from the date of application of this Directive. Combustion plants need sufficient time to install the necessary abatement measures to meet the emission limit values set out Annex V.

(29) Since the objectives of the action to be taken to ensure a high level of environmental protection and the improvement of environmental quality cannot be sufficiently achieved by the Member States and can therefore, by reason of the transboundary nature of pollution from industrial activities, be better achieved at Community level, the Community may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.

(30) This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. In particular, this Directive seeks to promote the application of Article 37 of the Charter of Fundamental Rights of the European Union.

(31) The obligation to transpose this Directive into national law should be confined to those provisions which represent a substantive change as compared with the earlier Directives. The obligation to transpose the provisions which are unchanged arises under the earlier Directives.

(32) This Directive should be without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law and application of the Directives set out in Annex IX, Part B.

96/61/EC (adapted)

HAVE ADOPTED THIS DIRECTIVE:

CHAPTER I

Common provisions

Article 1

Purpose and scope Subject matter

The purpose of tThis Directive is to achieve lays down rules on integrated prevention and control of pollution arising from the industrial activities listed in Annex I.

It also lays down measures rules designed to prevent or, where that is not practicable, to reduce emissions in the air, water and land from the abovementioned activities, including measures concerning and to prevent generation of waste, in order to achieve a high level of protection of the environment taken as a whole, without prejudice to Directive 85/337/EEC and other relevant Community provisions.

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Article 2

Scope

1. This Directive shall apply to industrial activities giving rise to pollution referred to in Chapters II to VI.

2. This Directive shall not apply to research activities, development activities or the testing of new products and processes.

96/61/EC (adapted)

Article 2 3

Definitions

For the purposes of this Directive the following definitions shall apply :

(1)1. ‘substance’ shall means any chemical element and its compounds, with the exception of the following substances:

(a) radioactive substances within the meaning of as defined in Council Directive 80/836/Euratom 96/29/Euratom of 13 May 1996 laying down basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionizing radiation [22]; and

(b) genetically modified organisms within the meaning of micro-organisms as defined in Council Directive 90/219/EEC (GMO) of 23 April 1990 on the contained use of genetically modified micro-organisms [23]; and

(c) genetically modified organisms as defined in Directive 90/220/EEC [24]2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/200/EEC [25];

(2)2. ‘pollution’ shall means the direct or indirect introduction, as a result of human activity, of substances, vibrations, heat or noise into the air, water or land which may be harmful to human health or the quality of the environment, result in damage to material property, or impair or interfere with amenities and other legitimate uses of the environment;

(3)3. ‘installation’ shall means a stationary technical unit where within which one or more activities listed in Annex I or in Part 1 of Annex VII are carried out, and any other directly associated activities on the same site which have a technical connection with the activities carried out on that site listed in those Annexes and which could have an effect on emissions and pollution;

4. 'existing 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 for authorization, provided that that installation is put into operation no later than one year after the date on which this Directive is brought into effect;

(4)5. ‘emission’ shall means the direct or indirect release of substances, vibrations, heat or noise from individual or diffuse sources in the installation into the air, water or land;

(5)6. ‘emission limit values’ shall means the mass, expressed in terms of certain specific parameters, concentration and/or level of an emission, which may not be exceeded during one or more periods of time. Emission limit values may also be laid down for certain groups, families or categories of substances, in particular for those listed in Annex III. The emission limit values for substances shall normally apply at the point where the emissions leave the installation, any dilution being 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 of the installation involved, provided that an equivalent level is guaranteed for the protection of the environment as a whole and provided this does not lead to higher levels of pollution in the environment, without prejudice to Directive 76/464/EEC or the Directives implementing it;

(6)7. ‘environmental quality standard’ shall means the set of requirements which must be fulfilled at a given time by a given environment or particular 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 States for carrying out the obligations arising from this Directive;

(7)9. ‘permit’ shall means that part or the whole of a written decision (or several such decisions) granting authorisation to operate all or part of an installation or combustion plant, waste incineration plant or waste co-incineration plant , subject to certain conditions which guarantee that the installation complies with the requirements of this Directive. A permit may cover one or more installations or parts of installations on the same site operated by the same operator;

(8)10. (a) 'change in operation` shall mean a change in the nature or functioning, or an extension, of the installation which may have consequences for the environment;

(b) ‘substantial change’ shall means a change in operation the nature or functioning, or an extension, of an installation or combustion plant, waste incineration plant or waste co-incineration plant which, in the opinion of the competent authority, may have significant negative effects on human beings humans 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 change or extension in itself meets the thresholds, if any, set out in Annex I;

(9)11. ‘best available techniques’ shall means 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 and other permit conditions designed to prevent and, where that is not practicable, generally to reduce emissions and the impact on the environment as a whole:

(a) ‘techniques’ shall includes both the technology used and the way in which the installation is designed, built, maintained, operated and decommissioned,;

(b) ‘available’ techniques shall means those developed on a scale which allows implementation in the relevant industrial sector, under economically and technically viable conditions, taking into consideration the costs and advantages, whether or not the techniques are used or produced inside the Member State in question, as long as they are reasonably accessible to the operator,;

(c) ‘best’ shall means 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;

(10)12. ‘operator’ shall means any natural or legal person who operates or controls the installation or combustion plant, waste incineration plant or waste co-incineration plant or, where this is provided for in national legislation, to whom decisive economic power over the technical functioning of the installation or plant has been delegated;

2003/35/EC Art. 4.1(b) (adapted)

(11)13. ‘the public’ shall means one or more natural or legal persons and, in accordance with national legislation or practice, their associations, organisations or groups;

(12)14. ‘the public concerned’ shall means the public affected or likely to be affected by, or having an interest in, the taking of a decision on 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 requirements under national law shall be deemed to have an interest;

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(13) 'emerging technique' means a novel technique for an industrial activity that, if commercially developed, could provide a higher general level of protection of the environment or higher cost savings than existing best available techniques;

(14) 'dangerous substances' means dangerous substances or preparations as defined in Council Directive 67/548/EC of 27 June 1967 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances [26] and Directive 1999/45/EC of the European Parliament and of the Council of 31 May 1999 concerning the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations [27];

(15) 'baseline report' means quantified information on the state of soil and groundwater contamination by dangerous substances;

(16) 'routine inspection' means an environmental inspection carried out as part of a planned inspection programme;

(17) 'non-routine inspection' means environmental inspections carried out in response to complaints or in the investigation of accidents, incidents and occurrences of non-compliance;

2001/80/EC Art.2 (adapted)

(18)6. ‘fuel’ means any solid, liquid or gaseous combustible material used to fire a combustion plant with the exception of waste covered by Council Directive 89/369/EEC of 8 June 1989 on the prevention of air pollution from new municipal waste incineration plants [28], Council Directive 89/429/EEC of 21 June 1989 on the reduction of air pollution from existing municipal waste incineration plants [29], and Council Directive 94/67/EC of 16 December 1994 concerning the incineration of hazardous waste [30] or any subsequent Community act repealing and replacing one or more of these Directives;

(19)(7) ‘combustion plant’ means any technical apparatus in which fuels are oxidised in order to use the heat thus generated;

(20)(11) ‘biomass’ means any of the following:

(a) products consisting of any whole or part of a vegetable matter from agriculture or forestry which can be used as a fuel for the purpose of recovering its energy content; and

(b) the following waste used as a fuel:

(ai) vegetable waste from agriculture and forestry;

(bii) vegetable waste from the food processing industry, if the heat generated is recovered;

(ciii) fibrous vegetable waste from virgin pulp production and from production of paper from pulp, if it is co-incinerated at the place of production and the heat generated is recovered;

(div) cork waste;

(ev) wood waste with the exception of wood waste which may contain halogenated organic compounds or heavy metals as a result of treatment with wood preservatives or coating, and which includes in particular such wood waste originating from construction and demolition waste;

(21)8. ‘multi-fuel firing unit combustion plant ’ means any combustion plant which may be fired simultaneously or alternately by two or more types of fuel;

(22)12. ‘gas turbine’ means any rotating machine which converts thermal energy into mechanical work, consisting mainly of a compressor, a thermal device in which fuel is oxidised in order to heat the working fluid, and a turbine;

2000/76/EC Art. 3 (adapted)

1(23) ‘«waste»’ means any solid or liquid waste as defined in Article 3(a)1(a) of Directive 20../…/EC of the European Parliament and of the Council on waste [31] 75/442/EEC;

2(24) ‘«hazardous waste»’ means any solid or liquid hazardous waste as defined in Article 3(b)1(4) of Council Directive 20../…/EC 91/689/EEC of 12 December 1991 on hazardous waste;

(25)3. ‘mixed municipal waste’ means waste from households as well as commercial, industrial and institutional waste, which, because of its nature and composition is similar to waste from households, but excluding fractions indicated in the Annex to Decision 94/3/EC under heading 20 01 of the Annex to Commission Decision 2000/532/EC of 3 May 2000 establishing the European Waste List [32] that isare collected separately at source and excluding the other wastes indicated under heading 20 02 of that Annex;

(26)4. ‘waste incineration plant’ means any stationary or mobile technical unit and equipment dedicated to the thermal treatment of wastes, with or without recovery of the combustion heat generated. , through This includes the incineration by oxidation of waste as well as other thermal treatment processes such as pyrolysis, gasification or plasma process in so far as if the substances resulting from the treatment are subsequently incinerated;

(27)5. ‘waste co-incineration plant’ means any stationary or mobile plant technical unit whose main purpose is the generation of energy or production of material products and: which uses wastes as a regular or additional fuel; or in which waste is thermally treated for the purpose of disposal through the incineration by oxidation of waste as well as other thermal treatment processes if the substances resulting from the treatment are subsequently incinerated ;

(28)7. ‘nominal capacity’ means the sum of the incineration capacities of the furnaces of which an a waste incineration plant or a waste co-incineration plant is composed, as specified by the constructor and confirmed by the operator, with due account being taken, in particular, of the calorific value of the waste, expressed as the quantity of waste incinerated per hour;

(29)10. ‘dioxins and furans’ means all polychlorinated dibenzo-p-dioxins and dibenzofurans listed in Annex I Part 2 of Annex VI ;

(30)13. ‘residue’ means any liquid or solid waste material (including bottom ash and slag, fly ash and boiler dust, solid reaction products from gas treatment, sewage sludge from the treatment of waste waters, spent catalysts and spent activated carbon) defined as waste in Article 1(a) of Directive 75/442/EEC, which is generated by the a waste incineration plant or waste co-incineration process, the exhaust gas or waste water treatment or other processes within the incineration or co-incineration plant;

1999/13/EC Art. 2 (adapted)

16(31) ‘organic compound’ shall means any compound containing at least the element carbon and one or more of hydrogen, halogens, oxygen, sulphur, phosphorus, silicon or nitrogen, with the exception of carbon oxides and inorganic carbonates and bicarbonates;

(32)17. ‘volatile organic compound’ (VOC) shall means any organic compound as well as the fraction of creosote, having at 293,15 K a vapour pressure of 0,01 kPa or more, or having a corresponding volatility under the particular conditions of use. For the purpose of this Directive, the fraction of creosote which exceeds this value of vapour pressure at 293,15 K shall be considered as a VOC;

(33)18. ‘organic solvent’ shall means any VOC volatile organic compound which is used for any of the following:

(a) alone or in combination with other agents, and without undergoing a chemical change, to dissolve raw materials, products or waste materials;

(b) or is used as a cleaning agent to dissolve contaminants;

(c) or as a dissolver;

(d) or as a dispersion medium;

(e) or as a viscosity adjuster;

(f) or as a surface tension adjuster;

(g) or a plasticiser;

(h) or as a preservative;

(34)20. ‘coating’ shall means any preparation, including all the organic solvents or preparations containing organic solvents necessary for its proper application, which is used to provide a decorative, protective or other functional effect on a surface coating as defined in Article 2(8) of Directive 2004/42/EC of the European Parliament and of the Council of 21 April 2004 on the limitation of emissions of volatile organic compounds due to the use of organic solvents in certain paints and varnishes and vehicle refinishing products ;

Article 5

Requirements for the granting of permits for existing installations

1. Member States shall take the necessary measures to ensure that the competent authorities see to it, by means of permits in accordance with Articles 6 and 8 or, as appropriate, by reconsidering and, where necessary, 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 the date on which this Directive is brought into effect, without prejudice to specific 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 on which this Directive is brought into effect.

96/61/EC Art. 4 (adapted)

Article 4

Permits for new installations Obligation to hold a permit

1. Member States shall take the necessary measures to ensure that no new installation or combustion plant, waste incineration plant or waste co-incineration plant is operated without a permit issued in accordance with this Directive, without prejudice to the exceptions provided for in Council Directive 88/609/EEC of 24 November 1988 on the limitation of emissions of certain pollutants into the air from large combustion plants [33].

1999/13/EC Art. 3 (adapted)

By way of derogation from the first subparagraph, Member States may set a procedure for the registration of installations covered only by Chapter V.

1999/13/EC Art. 2 (adapted)

8. registration shall mean a The procedure, for registration shall be specified in a binding legal act, involving and include at least a notification to the competent authority by the operator of the intention to operate an installation or activity falling within the scope of this Directive; .

96/61/EC Art. 2(9) (adapted)

2. A permit may cover two one or more installations or parts of installations on the same site operated by the same operator on the same site or on different sites .

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Where a permit covers two or more installations, each installation shall comply with the requirements of this Directive.

Article 5

Operators

Two or more natural or legal persons may be the joint operator of an installation or combustion plant, waste incineration plant or waste co-incineration plant, or may be the operators of different parts of an installation or plant.

96/61/EC (adapted)

Article 68

Decisions Granting of a permit

1. Without prejudice to other requirements laid down in national or Community legislation, Thethe competent authority shall grant a permit containing conditions guaranteeing that if the installation complies with the requirements of this Directive or, if it does not, shall refuse to grant the permit.

All permits granted and modified permits must include details of the arrangements made for air, water and land protection as referred to in this Directive.

Article 7

Integrated approach to issuing permits

2. Member States shall take the measures necessary to ensure that the conditions of, and the procedures procedure for the grant granting of, the permit are fully coordinated where more than one competent authority or more than one operator is involved or more than one permit is issued , in order to guarantee an effective integrated approach by all authorities competent for this procedure.

96/61/EC Art. 9 (adapted)

3.2. 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 and 9 of that Directive shall be taken into consideration examined and used for the purposes of granting a the permit.

Article 7

General binding rules

8. Without prejudice to the obligation to implement hold a permit procedure pursuant to this Directive, Member States may prescribe include certain requirements for certain categories of installations, combustion plants, waste incineration plants or waste co-incineration plants in general binding rules, instead of including them in individual permit conditions, provided that an integrated approach and an equivalent high level of environmental protection as a whole are ensured.

96/61/EC (adapted)

Where general binding rules are adopted, the permit may simply include a reference to such rules.

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Article 8

Reporting on compliance

Member States shall take the necessary measures to ensure the following:

(1) that the operator provides the competent authority with a report on compliance with the permit conditions at least every twelve months;

96/61/EC Art. 14 (adapted)

(2) that the operator regularly informs the competent authority of the results of the monitoring of releases and without delay of any incident or accident significantly affecting the environment.

Article 914

Non-compliance Compliance with permit conditions

1. 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,

1999/13/EC Art.10 (adapted)

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2. Member States shall take appropriate measures to ensure that, If if it is found that the requirements of this Directive have been breached , Member States shall ensure the following :

(a) that the operator immediately informs the competent authority; and

(b) that the operator and the competent authority takes take the measures necessary to ensure that compliance is restored within the shortest possible time.;

(b) iIn cases of non-compliance a breach causing immediate danger to human health or the environment and as long as compliance is not restored under the conditions of paragraph (a) in accordance with point (b) of the first subparagraph, the operation of the installation or combustion plant, waste incineration plant or waste co-incineration plant shall be of the activity is suspended.

2003/87/EC Art. 26 (adapted)

Article 10

Emission of greenhouse gases

1. Where emissions of a greenhouse gas from an installation are specified in Annex I to Directive 2003/87/EC in relation to an activity carried out in that installation, the permit shall not include an emission limit value for direct emissions of that gas, unless necessary to ensure that no significant local pollution is caused.

2. For activities listed in Annex I to Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC [34], Member States may choose not to impose requirements relating to energy efficiency in respect of combustion units or other units emitting carbon dioxide on the site.

3. Where necessary, the competent authorities shall amend the permit as appropriate.

4. The three preceding subparagraphs Paragraphs 1 to 3 shall not apply to installations which are temporarily excluded from the scheme for greenhouse gas emission allowance trading within the Community in accordance with Article 27 of Directive 2003/87/EC.

96/61/EC (adapted)

CHAPTER II

Special provisions for activities listed in Annex I

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Article 11

Scope

This Chapter shall apply to the activities set out in Annex I and, where applicable, reaching the capacity thresholds set out in that Annex.

96/61/EC (adapted)

Article 123

General principles governing the basic obligations of the operator

Member States shall take the necessary measures to provide that the competent authority ensure that installations are operated in accordance with the following principles such a way that:

(1)(a) all the appropriate preventive measures are taken against pollution,;

(2) in particular through application of the best available techniques are applied ;

(3)(b) no significant pollution is caused;

(4)(c) waste production is avoided in accordance with Directive 20../../EC Council Directive 75/442/EEC of 15 July 1975 on waste;

(5) where waste is produced, it is recovered or, where that is technically and economically impossible, it is disposed of while avoiding or reducing any impact on the environment;

(6)(d) energy is used efficiently;

(7)(e) the necessary measures are taken to prevent accidents and limit their consequences;

(8)(f) the necessary measures are taken upon definitive cessation of activities to avoid any pollution risk of pollution and return the site of operation to a satisfactory state the state defined in accordance with Article 23(2) and (3) .

For the purposes of compliance with this Article, it shall be sufficient if Member States ensure that the competent authority take account of the general principles set out in paragraph 1 when they determine the conditions of the permit.

Article 136

Applications for permits

1. Member States shall take the necessary measures to ensure that an application to the competent authority for a permit includes a description of the following :

(a) the installation and its activities;

(b) the raw and auxiliary materials, other substances and the energy used in or generated by the installation;

(c) the sources of emissions from the installation;

(d) the conditions of the site of the installation;

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(e) where applicable, a baseline report;

96/61/EC

(f) the nature and quantities of foreseeable emissions from the installation into each medium as well as identification of significant effects of the emissions on the environment;

(g) the proposed technology and other techniques for preventing or, where this is not possible, reducing emissions from the installation;

(h) where necessary, measures for the prevention and recovery of waste generated by the installation;

(i) further measures planned to comply with the general principles of the basic obligations of the operator as provided for in Article 3 12;

(j) measures planned to monitor emissions into the environment;

2003/35/EC Art. 4.2 (adapted)

(k) the main alternatives to the proposed technology, techniques and measures , if any, studied by the applicant in outline.

96/61/EC

An application for a permit shall also include a non-technical summary of the details referred to in the first subparagraph 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 with Directive 96/82/EC 82/501/EEC of 24 June 1982 on the major-accident hazards of certain industrial activities or other information produced in response to other legislation fulfils any of the requirements of paragraph 1 this Article, that information may be included in, or attached to, the application.

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Article 14

BAT reference documents

1. The Commission shall adopt BAT reference documents based on the results of the information exchange referred to in Article 29.

2. The BAT reference documents shall in particular describe the best available techniques, the associated emission levels and associated monitoring, the monitoring of soil and groundwater and remediation of the site and the emerging techniques, giving special consideration to the criteria listed in Annex III. The Commission shall review and update the BAT reference documents as appropriate.

96/61/EC (adapted)

Article 159

Conditions of the permit Permit conditions

1. Member States shall ensure that the permit includes all measures necessary for compliance with the requirements of Articles 312 and 1019 for the granting of permits in order to achieve a high level of protection for the environment as a whole by means of protection of the air, water and 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 of that Directive shall be taken into consideration for the purposes of granting the permit.

3. Those measures The permit shall include at least the following:

(a) emission limit values for pollutants polluting substances , in particular, those listed in Annex III, II and for other polluting substances which are 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 to another (water, air and land). ;

(b) If necessary, the permit shall include appropriate 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 supplemented or replaced by equivalent parameters or technical measures.

(c) 5. The permit shall contain suitable release monitoring requirements, specifying measurement methodology and frequency, evaluation procedure and an obligation to supply the competent authority regularly with the results of the monitoring of releases and with other 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.

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(d) requirements of periodic monitoring in relation to dangerous substances likely to be found on site having regard to the possibility of soil and groundwater contamination at the site of the installation;

96/61/EC (adapted)

(e) 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 for start-up, leaks, malfunctions, momentary stoppages and definitive cessation of operations;

(f) In all circumstances, the conditions of the permit shall contain provisions on the minimiszation of long distance or transboundary pollution and ensure a high level of protection for the environment as a whole.

The permit may also contain temporary derogations from the requirements 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 authority may think fit.

2. Where appropriate For the purpose of point (a) of the first paragraph, emission limit values may be supplemented 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 into account practical considerations appropriate to these categories of installation.

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3. BAT reference documents shall be the reference for setting the permit conditions.

4. Where an installation or part of an installation is not covered by BAT reference documents or where those documents do not address all the potential environmental effects of the activity, the competent authority shall determine the best available techniques for the installation or activities concerned, based on the criteria listed in Annex III, and shall set the permit conditions accordingly.

5. For installations referred to in point 6.6 of Annex I, paragraphs 1 to 4 shall apply without prejudice to the legislation related to animal welfare.

96/61/EC Art. 2 (adapted)

Article 16

Emission limit values, equivalent parameters and technical measures

1.6. The emission limit values for polluting substances shall normally apply at the point where the emissions leave the installation , and any dilution prior to that point shall be being disregarded when determining those values them.

With regard to indirect releases of polluting substances into water, the effect of a water treatment plant may be taken into account when determining the emission limit values of the installation concerned involved, provided that an equivalent level is guaranteed for the of protection of the environment as a whole is guaranteed and provided this does not lead to higher levels of pollution in the environment without prejudice to Directive 76/464/EEC or the Directives implementing it;.

96/61/EC Art. 9

24. Without prejudice to Article 19 10, the emission limit values and the equivalent parameters and technical measures referred to in paragraphs 1 and 2 of Article 15 paragraph 3 shall be based on the best available techniques, without prescribing the use of any technique or specific technology, but taking into account the technical characteristics of the installation concerned, its geographical location and the local environmental conditions. In all circumstances, the conditions of the permit shall contain provisions on the minimization of long-distance or transboundary pollution and ensure a high level of protection for the environment as a whole.

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The competent authority shall set emission limit values that do not exceed the emission levels associated with the best available techniques as described in the BAT reference documents.

3. By derogation from the second subparagraph of paragraph 2, the competent authority may, in specific cases, on the basis of an assessment of the environmental and economic costs and benefits taking into account the technical characteristics of the installation concerned, its geographical location and the local environmental conditions, set emission limit values that exceed the emission levels associated with the best available techniques as described in the BAT reference documents.

Those emission limit values shall however not exceed the emission limit values set out in Annexes V to VIII, where applicable.

The Commission may establish criteria for the granting of the derogation referred to in this paragraph.

Those measures, designed to amend non-essential elements of this Directive, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 69(2).

4. Paragraphs 2 and 3 shall apply to the spreading of livestock manure and slurry outside the site of the installation referred to in point 6.6 of Annex I. Member States may include those requirements in measures other than a permit.

5. The competent authority may grant temporary derogations from the requirements of paragraph 2 and from points (1) and (2) of the first subparagraph of Article 12 for increases in emissions which result from the testing and use of emerging techniques provided that within 6 months of the granting of the derogation the use of those techniques is either stopped or the activity achieves at least the emission levels associated with the best available techniques.

Article 17

Monitoring requirements

1. The monitoring requirements referred to in Article 15(1) (c) and (d) shall, where applicable, be based on the conclusions on monitoring as described in the BAT reference documents.

2. The frequency of the periodic monitoring referred to in Article 15(1) (d) shall be determined by the competent authority in a permit for each individual installation or in general binding rules.

Without prejudice to the first subparagraph, periodic monitoring shall be carried out at least once every seven years.

The Commission may establish criteria for the determination of the frequency of the periodic monitoring.

Those measures designed to amend non-essential elements of this Directive, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 69(2).

Article 18

General binding rules

96/61/EC Art. 9(8) (adapted)

1. When adopting Without prejudice to the obligation to implement a permit procedure pursuant to this Directive, Member States may prescribe certain requirements for certain categories of installations in general binding rules, instead of including them in individual permit conditions, provided that Member States shall ensure an integrated approach and an equivalent high level of environmental protection as a whole are ensured equivalent to that achievable with individual permit conditions .

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2. General binding rules shall be based on the best available techniques, without prescribing the use of any technique or specific technology.

Member States shall ensure that general binding rules contain emission limit values, or equivalent parameters or technical measures, that do not exceed the emission levels associated with the best available techniques as described in the BAT reference documents.

3. Member States shall ensure that general binding rules are kept up to date with developments in the best available techniques.

Where the Commission adopts a new or updated BAT reference document, Member States shall, within four years of publication, where necessary, reconsider and update the general binding rules for the installations concerned.

4. General binding rules adopted in accordance with paragraphs 1 to 3 shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication.

96/61/EC (adapted)

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Article 1910

Best available techniques and eEnvironmental quality standards

Where an environmental quality standard requires stricter conditions than those achievable by the use of the best available techniques, additional measures shall in particular be required included in the permit, without prejudice to other measures which may might be taken to comply with environmental quality standards.

Article 2011

Developments in best available techniques

Member States shall ensure that the competent authority follows or is informed of developments in best available techniques. and of the publication of any new or revised BAT reference documents.

Article 2112

Changes by operators to installations

1. Member States shall take the necessary measures to ensure that the operator informs the competent authority authorities of any planned change in the nature or functioning, or an extension operation of the installation which may have consequences for the environment as referred to in Article 2 (10) (a). Where appropriate, the competent authority authorities shall update the permit or the 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 a permit and the decision by the competent authority shall must cover those parts of the installation and those aspects details listed in Article 613 which may be affected by the substantial change. The relevant provisions of Articles 3 and 6 to 10 and Article 15 (1), (2) and (4) shall apply mutatis mutandis.

96/61/EC Art. 2(10)(b) (adapted)

3.(b) For the purposes of this definition, Any change in the nature or functioning to or an extension of an installation operation shall be deemed to be substantial if the change or extension in itself meets reaches the capacity thresholds, if any, set out in Annex I.

96/61/EC (adapted)

Article 2213

Reconsideration and updating of permit conditions by the competent authority

1. Member States shall take the necessary measures to ensure that the competent authority authorities periodically reconsiders all reconsider permit conditions and, where necessary to ensure compliance with this Directive, updates those , update permit conditions.

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2. On request of the competent authority the operator shall submit all the information necessary for the purpose of reconsidering the permit conditions.

When reconsidering permit conditions the competent authority shall use any information resulting from monitoring or inspections.

3. Where the Commission adopts a new or updated BAT reference document, Member States shall, within four years of publication, ensure that the competent authority, where necessary, reconsiders and updates the permit conditions for the installations concerned.

The first subparagraph shall apply to any derogation granted in accordance with Article 16(3).

96/61/EC (adapted)

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42. The reconsideration permit conditions shall be undertaken in any event where reconsidered and, where necessary, updated at least in the following cases :

(a) 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 such values need to be included in the permit;,

(b) substantial changes developments in the best available techniques make it possible to reduce allow for the significant reduction of emissions significantly without imposing excessive costs;,

(c) the operational safety of the process or activity requires other techniques to be used;,

(d) where it is necessary to comply with an environmental quality standard in accordance with Article 19.

- new provisions of Community or national legislation so dictate.

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Article 23

Site closure and remediation

1. Without prejudice to Directive 2004/35/CE of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage [35] and to Directive 20../../EC of the European Parliament and of the Council establishing a framework for the protection of soil and amending Directive 2004/35/EC [36] the competent authority shall ensure that the permit conditions imposed to ensure the respect of the principle set out in point (8) of Article 12 are implemented upon definitive cessation of activities.

2. Where the activity involves the use, production or release of dangerous substances having regard to the possibility of soil and groundwater contamination at the site of the installation, the operator shall prepare a baseline report before starting operation of an installation or before a permit for an installation is updated. That report shall contain the quantified information necessary to determine the initial state of the soil and the groundwater.

The Commission shall establish criteria on the content of the baseline report.

Those measures designed to amend non-essential elements of this Directive, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 69(2).

3. Upon definitive cessation of the activities, the operator shall assess the state of the soil and groundwater contamination by dangerous substances. Where the installation has caused any pollution by dangerous substances of soil or groundwater compared to the initial state established in the baseline report referred to in paragraph 2, the operator shall remediate the site and return it to that initial state.

4. Where the operator is not required to prepare a baseline report referred to in paragraph 2, the operator shall take the necessary measures upon definitive cessation of the activities to ensure that the site does not pose any significant risk to human health and the environment.

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Article 24

Reporting on compliance

The report on compliance referred to in point (1) of Article 8 shall include a comparison between the operation of the installation, including the level of emissions, and the best available techniques as described in the BAT reference documents.

Article 25

Inspections

1. Member States shall set up a system of inspections of installations.

That system shall include on site inspections.

96/61/EC (adapted)

Article 14

Compliance with permit 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 or accident significantly affecting the environment,

- operators of installations afford the representatives of the competent authorities authority all necessary assistance to enable those authorities them to carry out any on site inspections within the installation, to take samples and to gather any information necessary for the performance of their duties for the purposes of this Directive.

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2. Member States shall ensure that all installations are covered by an inspection plan.

3. Each inspection plan shall include the following:

(a) general assessment of relevant significant environmental issues;

(b) the geographical area covered by the inspection plan;

(c) a register of the installations covered by the inspection plan and a general appraisal of their state of compliance with the requirements of this Directive;

(d) provisions for its revision;

(e) an outline of the programmes for routine inspections pursuant to paragraph 5;

(f) procedures for non-routine inspections pursuant to paragraph 6;

(g) where necessary, provisions on the co-operation between different inspection authorities.

4. Based on the inspection plans, the competent authority shall regularly draw up inspection programmes, determining the frequency of site visits for different types of installations.

Those programmes shall include at least one site visit every twelve months, for each installation, unless those programmes are based on a systematic appraisal of the environmental risks of the particular installations concerned.

The Commission shall establish criteria on the appraisal of the environmental risks.

Those measures designed to amend non-essential elements of this Directive, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 69(2).

5. Routine inspections shall be sufficient for the examination of the full range of relevant environmental effects from the installation concerned.

Routine inspections shall ensure that the operator complies with the permit conditions.

Routine inspections shall also serve to assess the effectiveness of the permit requirements.

6. Non-routine inspections shall be carried out to investigate serious environmental complaints, serious environmental accidents, incidents and occurrences of non-compliance as soon as possible and, where appropriate, before the issue, reconsideration or update of a permit.

7. Following each routine and non-routine inspection, the competent authority shall prepare a report describing the findings as to compliance of the installation with the requirements of this Directive and conclusions on whether any further action is necessary.

The report shall be notified to the operator concerned and made publicly available within two months after the inspection takes place.

The competent authority shall ensure that all the necessary actions identified in the report are taken within a reasonable period.

96/61/EC

Article 2615

Access to information and public participation in the permit procedure

2003/35/EC Art. 4.3 (adapted)

1. Member States shall ensure that the public concerned are given early and effective opportunities to participate in the procedure for following procedures :

(a) issuing of a permit for new installations;,

(b) issuing of a permit for any substantial change in the operation of an installation;,

(c) updating of a permit or permit conditions for an installation in accordance with Article 13, paragraph 2, first indent, point (a) of Article 22(4).

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(d) adoption of general binding rules as provided for in Articles 7 and 18.

2003/35/EC Art. 4.3 (adapted)

The procedure set out in Annex IV V shall apply for the purposes of to such participation.

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2. Points (a) and (b) of paragraph 1 shall not apply where all of the following conditions are met:

(a) the new installation or substantial change is subject to Directive 85/337/EEC;

(b) general binding rules cover all of the necessary permit conditions;

(c) there is no need to impose any stricter requirements to comply with Article 19.

2003/35/EC Art. 4.3 (adapted)

35. When a decision on granting, reconsideration or updating of a permit, or on the adoption or updating of general binding rules has been taken, the competent authority shall inform the public in accordance with the appropriate procedures and shall 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.

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(c) the results of the consultations held before the decision was taken and an explanation of how they were taken into account in that decision;

(d) the title of the BAT reference documents relevant to the installation or activity concerned;

(e) how the emission limit values included in the permit or the general binding rules have been determined in relation to the best available techniques and associated emission levels as described in the BAT reference documents;

(f) where a derogation is granted in accordance with Article 16(3), the reasons for that derogation and the conditions imposed;

(g) the result of the reconsideration of general binding rules as referred to in Articles 18(3) and of permits as referred to in Article 22(1), (3) and (4);

96/61/EC (adapted)

(h)2. tThe results of monitoring of releases as required under the permit conditions referred to in Article 9 and held by the competent authority must be made available to the public.

43. Paragraphs 1, 2 and 3 shall apply subject to the restrictions laid down in Article 4(1) and (2) of Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information Article 3 (2) and (3) of Directive 90/313/EEC.

2003/35/EC Art. 4.3 (adapted)

Article 2715a

Access to justice

1. Member States shall ensure that, in accordance with the relevant national legal system, members of the public concerned 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 Article 26 when one of the following conditions is met :

(a) they have having a sufficient interest; or alternatively,

(b) they maintain maintaining the impairment of a right, where administrative procedural 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.

2. Member States shall determine at what stage the decisions, acts or omissions may be challenged.

3. 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, the interest of any non-governmental organisation promoting environmental protection and meeting the any requirements referred to in Article 2(14) under national law shall be deemed sufficient for the purpose of subparagraph point (a) of this Article paragraph 1.

Such organisations shall also be deemed to have rights capable of being impaired for the purpose of subparagraph point (b) of this Article paragraph 1.

4. The provisions of this Article paragraphs 1, 2 and 3 shall not exclude the possibility of a preliminary review procedure before an administrative authority and shall not affect the requirement of exhaustion of administrative review procedures prior to recourse to judicial review procedures, where such a requirement exists under national law.

Any such procedure shall be fair, equitable, timely and not prohibitively expensive.

5. In order to further the effectiveness of the provisions of this Article, Member States shall ensure that practical information is made available to the public on access to administrative and judicial review procedures.

96/61/EC

Article 2817

Transboundary effects

2003/35/EC Art. 4.5(a) (adapted)

1. Where a Member State is aware that the operation of an installation is likely to have significant negative effects on the environment of another Member State, or where a Member State which is likely to be significantly affected so requests, the Member State in whose territory the application for a permit pursuant to Article 4 or Article 12(2) 21(2) was submitted shall forward to the other Member State any information required to be given or made available pursuant to Annex V IV at the same time as it makes it available to its own nationals the public .

Such information shall serve as a basis for any consultations necessary in the framework of the bilateral relations between the two Member States on a reciprocal and equivalent basis.

96/61/EC (adapted)

2. Within the framework of their bilateral relations, Member States shall see to it ensure that in the cases referred to in paragraph 1 the applications are also made available for an appropriate period of time to the public of the Member State likely to be affected so that it will have the right to comment on them before the competent authority reaches its decision.

2003/35/EC Art. 4.5(b) (adapted)

3. The results of any consultations pursuant to paragraphs 1 and 2 must shall 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 reached on the application and shall forward to it the information referred to in Article 15(5) 26(3). That Member State shall take the measures necessary to ensure that that information is made available in an appropriate manner to the public concerned in its own territory.

96/61/EC (adapted)

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Article 2916

Exchange of information

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 Directive is brought into effect, the 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 in accordance with, in particular, Article 9. On subsequent occasions the data shall be supplemented in accordance with the procedures laid down in paragraph 3 of this Article.

2. The Commission shall organise organize an exchange of information with between Member States, and the industries concerned on best available techniques, associated monitoring, and developments in them. and non-governmental organisations promoting environmental protection on the following:

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(a) the performance of installations in terms of emissions, pollution, consumption and nature of raw materials, use of energy or generation of waste;

96/61/EC (adapted)

(b) the on best available techniques used , associated monitoring, and their 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 effectiveness compared with other Community environmental instruments shall be established in accordance with the procedure laid in Article 5 and 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 submit the report to the Council, accompanied by proposals if necessary.

4. Member States shall establish or designate the authority or authorities which are to be responsible for the exchange of information under paragraphs 1, 2 and 3 and shall inform the Commission accordingly.

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Article 30

Emerging techniques

Member States shall establish incentives for operators to develop and apply emerging techniques.

For the purpose of the first subparagraph, the Commission shall adopt measures to determine the following:

(a) the type of industrial activities for prioritised development and application of emerging techniques; ;

(b) indicative targets for Member States regarding the development and application of emerging techniques;

(c) the tools to assess the progress made in developing and applying emerging techniques.

Those measures, designed to amend non-essential elements of this Directive, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 69(2).

96/61/EC (adapted)

Article 18

Community emission limit values

1. Acting on a proposal from the Commission, the Council will set emission limit values, in accordance with the procedures laid down in the Treaty, for:

- the categories of installations listed in Annex I except for the landfills 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 absenc