EN    EN  COMMISSION OF THE E UROPEAN COMMUNITIES 
Brussels, 25.09.2006 
COM(2006) 543 final 
2006/0170 (COD)   
Proposal for a 
DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 
concerning integrated polluti on prevention and control 
  
(Codified version) 
(presented by the Commission) 
 
EN 2   EN EXPLANATORY MEMORANDUM  
1. In the context of a people’s Europe, th e Commission attaches great importance to 
simplifying and clarifying Community law so  as to make it clearer and more 
accessible to the ordinary citizen, thus gi ving him new opportunities and the chance 
to make use of the specific rights it gives him. 
This aim cannot be achieved so long as num erous provisions that have been amended 
several times, often quite substantially, remain  scattered, so that they must be sought 
partly in the original inst rument and partly in later amending ones. Considerable 
research work, comparing many different inst ruments, is thus needed to identify the 
current rules. 
For this reason a codification of rules that  have frequently been amended is also 
essential if Community law is to be clear and transparent. 
2. On 1 April 1987 the Comm ission therefore decided1 to instruct its staff that all 
legislative acts should be codified  after no more  than ten amendments, stressing that 
this is a minimum requirement and that de partments should endeavour to codify at 
even shorter intervals the texts for which they are responsible, to ensure that the 
Community rules are clear and readily understandable. 
3. The Conclusions of the Presidency of the Edinburgh European Council 
(December 1992) confirmed this2, stressing the importance of codification  as it offers 
certainty as to the law applicable to a given matter at a given time. 
Codification must be undertaken in fu ll compliance with th e normal Community 
legislative procedure. 
Given that no changes of substance may be  made to the instruments affected by 
codification , the European Parliament, the Counc il and the Commission have agreed, 
by an interinstitutional agreement date d 20 December 1994, that an accelerated 
procedure may be used for the fast-track  adoption of codification instruments. 
4. The purpose of this proposal is to  undertake a codification of Council 
Directive 96/61/EC of 24 September 1996 c oncerning integrated pollution prevention 
and control3. The new Directive will supersede th e various acts incorporated in it4; 
this proposal fully preserves the content of the acts bein g codified and hence does no 
more than bring them together with only such formal amendments  as are required by 
the codification exercise itself. 
                                                 
1 COM(87) 868 PV. 
2 See Annex 3 to Part A of the Conclusions. 
3 Carried out pursuant to the Communication from the Commission to the European Parliament and the 
Council – Codification of the Acquis communautaire, COM(2001) 645 final. 
4 See Annex VI, Part A of this proposal. 
 
EN 3   EN 5. The codification  proposal was drawn up on the basis of a preliminary consolidation , 
in all official languages, of Directive 96/61/EC and the instruments amending it, 
carried out by the Office for Official Pub lications of the European Communities, by 
means of a data-processing system . Where the Articles have been given new 
numbers, the correlation between the old and the new numbers is shown in a table 
contained in Annex VII to the codified Directive. 
 
EN 4   EN  
Ð 96/61/EC (adapted) 
2006/0170 (COD) 
Proposal for a 
DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 
concerning integrated polluti on prevention and control 
(Text with EEA relevance) 
THE EUROPEAN PARLIAMENT AND THE CO UNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty establishing th e European Community, and in particular 
Article ⌦ 175 ⌫ (1) thereof, 
Having regard to the proposal from the Commission, Having regard to the opinion of the Eu ropean Economic and Social Committee
1, 
Having regard to the opinion of  the Committee of the Regions2, 
Acting in accordance with the procedure laid down in Article ⌦ 251 ⌫ of the Treaty3, 
Whereas: 
 
Ð  
(1) Council Directive 96/61/EC of 24 Septembe r 1996 concerning integrated pollution 
prevention and control4 has been substantially amended several times5. In the interests 
of clarity and rationality the sa id Directive should be codified. 
 
Ð 96/61/EC recital 1 
(2) The objectives and principles of the Commu nity's environment policy, as set out in 
Article 174 of the Treaty, consis t in particular of preventin g, reducing and as far as 
possible eliminating pollution by giving priority  to intervention at source and ensuring 
prudent management of natural resources, in compliance with the ’polluter pays’ 
principle and the principle of pollution prevention. 
                                                 
1 OJ C […], […] p. […]. 
2 OJ C […], […] p. […]. 
3 OJ C […], […] p. […]. 
4 OJ L 257, 10.10.1996, p. 26. Directive as last amended by Regulation (EC) N°166/2006 of the 
European Parliament and of the Council (OJ L 33, 4.2.2006, p. 1). 
5 See Annex VI, Part A. 
 
EN 5   EN  
Ð 96/61/EC recital 2 (adapted) 
(3) The Fifth Environmental Acti on Programme, the broad outli ne of which was approved 
by the Council and the Representatives of the Governments of the Member States, 
meeting within the Council, in the Reso lution of 1 February 1993 on a Community 
programme of policy and action in relati on to the environment and sustainable 
development6, ⌦ accorded ⌫ priority to integrated pollution control as an important 
part of the move towards a more sustai nable balance between human activity and 
socio-economic development, on the one ha nd, and the resources and regenerative 
capacity of nature, on the other. 
 
Ð 96/61/EC recital 3 
(4) The implementation of an integrated appro ach to reduce pollution requires action at 
Community level in order to modify and supplement existing Community legislation 
concerning the prevention and control of  pollution from industrial plants. 
 
Ð 96/61/EC recital 4 
(5) Council Directive 84/360/EEC of  28 June 1984 on the combating of air pollution from 
industrial plants7 introduced a general framework requi ring authorizatio n prior to any 
operation or substantial modification of i ndustrial installations which may cause air 
pollution. 
 
Ð 96/61/EC recital 5 (adapted) 
(6) Directive ⌦ 2006/11/EC of the European Parl iament and of the Council of 15 
February 2006 ⌫ on pollution caused by certain dange rous substances discharged 
into the aquatic environment of the Community8 introduced an authorization 
requirement for the discharge of those substances. 
 
Ð 96/61/EC recital 6 
(7) Although Community legislation exists on the combating of air pollution and the 
prevention or minimization of the discharge of  dangerous substances into water, there 
is no comparable Community legislation ai med at preventing or minimizing emissions 
into soil. 
 
Ð 96/61/EC recital 7 
(8) Different approaches to controlling emissions in to 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. 
                                                 
6 OJ C 138, 17.5.1993, p. 1. 
7 OJ L 188, 16.7.1984, p. 20. Directive as amended by Directive 91/692/EEC (OJ L 377, 31.12.1991, p. 
48). 
8 OJ L ⌦ 64, 4.3.2006, p. 52 ⌫. 
 
EN 6   EN  
Ð 96/61/EC recital 8 
(9) The objective of an integrated approach to  pollution control is to prevent emissions 
into air, water or soil wherever this is practicable, taking into account waste 
management, and, where it is not, to minimize them in order to achieve a high level of 
protection for the environment as a whole. 
 
Ð 96/61/EC recital 9 (adapted) 
(10) This Directive ⌦ should ⌫ establish a general framework for integrated pollution 
prevention and control. It ⌦ should ⌫ lay down the measures necessary to 
implement integrated pollution prevention and control in order to achieve a high level 
of protection for the environment as a wh ole. Application of the principle of 
sustainable development ⌦ should ⌫ be promoted by an in tegrated approach to 
pollution control. 
 
Ð 96/61/EC recital 10 
(11) The provisions of this Directive should a pply without prejudice to  the provisions of 
Council Directive 85/337/EEC of 27 June 198 5 on the assessment of the effects of 
public and private project s on the environment9. When information or conclusions 
obtained further to the application of that Di rective have to be taken into consideration 
for the granting of authoriza tion, this Directive should not affect the implementation of 
Directive 85/337/EEC. 
 
Ð 96/61/EC recital 11 (adapted) 
(12) Member States should take the necessary step s in order to ensure that the operator of 
the industrial activ ities referred to ⌦ in this Directive ⌫ is complying with the 
general principles of certain basic obligati ons. For that purpose it would suffice for the 
competent authorities to take  those general principles in to account when laying down 
the authorization conditions. 
 
Ð 96/61/EC recital 12 (adapted) 
(13) Some of the provisions adopted pursuant to this Directive must be applied to existing 
installations after ⌦ 30 October 2007 ⌫ and others ⌦ had to be applied ⌫ as from 
⌦ 30 October 1999 ⌫. 
 
Ð 96/61/EC recital 13 
(14) In order to tackle pollution problems more effectively a nd efficiently, environmental 
aspects should be taken into considerati on by the operator. Thos e aspects should be 
communicated to the competent authority or authorities so that they can satisfy themselves, before granting a permit, that  all appropriate preventive or pollution-
                                                
 
9 OJ L 175, 5.7.1985, p. 40. Directive as last amended by Directive 2003/35/EC of the European 
Parliament and of the Council (OJ L 156, 25.6.2003, p. 17). 
 
EN 7   EN control measures have been la id down. Very different appl ication procedures may give 
rise to different levels of  environmental protection and public awareness. Therefore, 
applications for permits under this Di rective should include minimum data. 
 
Ð 96/61/EC recital 14 
(15) Full coordination of the authorization pr ocedure and conditions between competent 
authorities should make it possible to ach ieve the highest practicable level of 
protection for the environment as a whole. 
 
Ð 96/61/EC recital 15 
(16) The competent authority or authorities s hould grant or amend a permit only when 
integrated environmental protection measures for air, water and la nd have been laid 
down. 
 
Ð 96/61/EC recital 16 
(17) The permit should include all n ecessary measures to fulfil the authorization conditions 
in order thus to achieve a high level of protection for th e environment as a whole. 
Without prejudice to the auth orization procedure, those measures may also be the 
subject of general binding requirements. 
 
Ð 96/61/EC recital 17 
(18) Emission limit values, parameters or equivale nt technical measures should be based on 
the best available techniques, without prescr ibing the use of one specific technique or 
technology and taking into considerati on the technical characteristics of the 
installation concerned, its ge ographical location a nd local environmental conditions. In 
all cases the authorizatio n conditions should lay down provisions on minimizing long-
distance or transfrontier pollution and en sure a high level of protection for the 
environment as a whole. 
 
Ð 96/61/EC recital 18 
(19) It is for the Member States to determin e how the technical characteristics of the 
installation concerned, its geographical lo cation and local environmental conditions 
can, where appropriate, be taken into consideration. 
 
Ð 96/61/EC recital 19 
(20) When an environmental quality standard requ ires more stringent conditions than those 
that can be achieved by using the best av ailable techniques, supplementary conditions 
should in particular be required by the permit,  without prejudice to other measures that 
may be taken to comply with the environmental quality standards. 
 
EN 8   EN  
Ð 96/61/EC recital 20 
(21) Because best available technique s will change with time, pa rticularly in the light of 
technical advances, the compet ent authorities should monitor or be informed of such 
progress. 
 
Ð 96/61/EC recital 21 
(22) Changes to an installation may give rise to pollution. The competent authority or 
authorities should therefore be notified of any change  which might affect the 
environment. Substantial changes to plant must be subject to the granting of prior 
authorization in accordance with this Directive. 
 
Ð 96/61/EC recital 22 
(23) The authorization conditions should be pe riodically reviewed and if necessary 
updated. Under certain conditions, they should in any event be re-examined. 
 
Ð 2003/35/EC recital 3 
(24) Effective public participation in the taking of decisions should enable the public to 
express, and the decision-maker to take account of, opinions a nd concerns which may 
be relevant to those decisions, thereby increasing the accountability and transparency of the decision-making process and contribu ting to public awareness of environmental 
issues and support for the decisions taken. 
 
Ð 2003/35/EC recital 4 
(25) Participation, including participation by associations, organisations and groups, in 
particular non-governmental organisations  promoting environmental protection, 
should accordingly be fostered, including inter alia  by promoting environmental 
education of the public. 
 
Ð 2003/35/EC recitals 5 and 6 
(adapted) 
(26) On 25 June 1998 the Community signed the UN/ECE Convention on Access to 
Information, Public Participation in D ecision-Making and Access to Justice in 
Environmental Matters (the Århus Conven tion). Among the objectives of the Århus 
Convention is the desire to guarantee rights of public participati on in decision-making 
in environmental matters in or der to contribute to the protec tion of the right to live in 
an environment which is adequate for personal health and well-being. 
 
Ð 96/61/EC recital 24 
(27) The establishment of an inventory of prin cipal emissions and sources responsible may 
be regarded as an important instrument ma king it possible in pa rticular to compare 
 
EN 9   EN pollution activities in the Community. Such an inventory should be prepared by the 
Commission, assisted by a regulatory committee. 
 
Ð 96/61/EC recital 25 
(28) The development and exchange of inform ation at Community level about best 
available techniques should help to redres s the technological imbalances in the 
Community, should promote the worldwid e dissemination of limit values and 
techniques used in the Community and should help the Member States in the efficient 
implementation of this Directive. 
 
Ð 96/61/EC recital 26 
(29) Reports on the implementation and effectivenes s of this Directive should be drawn up 
regularly. 
 
Ð 96/61/EC recital 27 
(30) This Directive is concerned with inst allations whose poten tial for pollution, and 
therefore transfrontier pollution, is signifi cant. Transboundary consultation should be 
organized where applications re late to the licensing of new installations or substantial 
changes to installations which are likely to have significant negative environmental 
effects. The applications relating to such  proposals or substantial changes should be 
available to the public of the Memb er State likely to be affected. 
 
Ð 96/61/EC recital 28 (adapted) 
(31) The need for action may be identified at Community level to lay down emission limit 
values for certain categories of installation and pollutant covered by this Directive. ⌦ The European Parliament and the Council ⌫ should set such emission limit 
values in accordance with the provisions of the Treaty. 
 
Ð 96/61/EC recital 29 
(32) The provisions of this Directive should apply without prejud ice to Community 
provisions on health and safety at the workplace. 
 
Ð 
(33) The measures necessary for the implementati on 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 impl ementing powers conferred on the Commission10. 
(34) This Directive should be without prejudice to the obligations of the Member States 
relating to the time-limits for transposition into  national law of the Di rectives set out in 
Annex VI, Part B, 
                                                 
10 OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 
11). 
 
EN 10   EN  
Ð 96/61/EC 
HAVE ADOPTED THIS DIRECTIVE: 
Article 1 
Purpose and scope 
The purpose of this Directive is to achieve in tegrated prevention and control of pollution 
arising from the activities listed  in Annex I. It lays down m easures designed to prevent or, 
where that is not practicable, to reduce emi ssions in the air, water and land from the 
abovementioned activities, including measures concerning 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 re levant Community provisions. 
Article 2 
 
Ð 96/61/EC (adapted) 
Definitions 
For the purposes of this Directive ⌦ the following definitions shall apply ⌫: 
(1) ‘substance’ means any chemical elemen t and its compounds, with the exception of 
radioactive substances with in the meaning of Council 
Directive ⌦ 96/29/Euratom ⌫11 and genetically modified organisms within the 
meaning of [Council Directive 90/219/EEC12] and Directive ⌦ 2001/18/EC of the 
European Parliament and of the Council ⌫13; 
 
Ð 96/61/EC 
(2) ‘pollution’ means the direct or indirect introduction as a result of human activity, of 
substances, vibrations, heat or noise into th e air, water or land which may be harmful 
to human health or the quality of the envi ronment, result in damage to material 
property, or impair or interfere with amenities and other legitimate uses of the environment; 
(3) ‘installation’ means a stationary technical  unit where one or more  activities listed in 
Annex I are carried out, and any other dire ctly associated activities which have a 
technical connection with the activities carri ed out on that site and which could have 
an effect on emissions and pollution; 
                                                
 
11 OJ L 159, 29.6.1996, p. 1. 
12 [OJ L 117, 8.5.1990, p. 1]. 
13 OJ L 106, 17.4.2001, p. 1. 
 
EN 11   EN  
Ð 96/61/EC (adapted) 
(4) ‘existing installation’ means an instal lation in operation or, in accordance with 
legislation existing before ⌦ 30 October 1999 ⌫, an installation authorized or in 
the view of the competent authority the s ubject of a full request for authorization, 
provided that that installation ⌦ was ⌫ put into operation no later than ⌦ 30 
October 2000 ⌫; 
(5) ‘emission’ means the direct or  indirect release of substan ces, vibrations, heat or noise 
from individual or diffuse sources in the installation in to the air, water or land; 
(6) ‘emission limit values’ 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; emissi on limit values may also be laid down for 
certain groups, families or categories of subs tances, in particular for those listed in 
Annex III; 
 the emission limit values for substances normally apply at the point where the 
emissions leave the installation, any dilu tion being disregarded when determining 
them; with regard to indirect releases into water, the eff ect of a water treatment plant 
may be taken into account when determining the emission limit values of the 
installation involved, provided that an e quivalent level is guaranteed for the 
protection of the environmen t as a whole and provided th is does not lead to higher 
levels of pollution in the environment,  without prejudice to Directive 2006/11/ ΕC or 
the Directives implementing it; 
(7) ‘environmental quality standard’ 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’ means the authority or authorities or bodi es responsible under 
the legal provisions of the Member States  for carrying out the obligations arising 
from this Directive; 
(9) ‘permit’ means that part or the whole of  a written decision (or several such decisions) 
granting authorization to opera te all or part of an inst allation, subject to certain 
conditions which guarantee that the installa tion complies with th e requirements of 
this Directive. A permit may cover one or mo re installations or pa rts of installations 
on the same site operated by the same operator; 
(10) ‘change in operation’ means a change in  the nature or functioning, or an extension, 
of the installation which may have consequences for the environment; 
 
Ð 96/61/EC 
Î1 2003/35/EC Art. 4 pt. 1a) 
(11) ‘substantial change’ means a change in operation which, in the opinion of the 
competent authority, may have significant ne gative effects on human beings or the 
environment; Î1 for the purposes of this definition, any change to or extension of an 
 
EN 12   EN operation shall be deemed to be substantial if the change or extension in itself meets 
the thresholds, if any, set out in Annex I;  
 
Ð 96/61/EC 
(12) ‘best available techniqu es’ means the most effective and advanced stage in the 
development of activities and their methods of operation which indi cate the practical 
suitability of particular techniques for pr oviding in principle the basis for emission 
limit values designed to prevent and, where that is not practicable, generally to 
reduce emissions and the impact on the environment as a whole: 
(a) ‘techniques’ shall incl ude both the technology used and the way in which the 
installation is designed, built, maintained, operated and decommissioned; 
(b) ‘available techniques’ means thos e developed on a scale which allows 
implementation in the relevant indu strial sector, under economically and 
technically viable cond itions, taking into consid eration 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’ means most effective in achiev ing a high general leve l 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; 
(13) ‘operator’ means any natural or legal pe rson who operates or cont rols the installation 
or, where this is provided for in nationa l legislation, to whom decisive economic 
power over the technical functioning of the installation has been delegated; 
 
Ð 2003/35/EC Art. 4 pt. 1(b) 
(14) ‘the public’ means one or more natural or legal persons and, in accordance with 
national legislation or practice, their associations, organisations or groups; 
(15) ‘the public concerned’ means the public affected or likely to be affected by, or 
having an interest in, the taking of a d ecision on the issuing or the updating of a 
permit or of permit conditions; for the purpos es of this definiti on, non-governmental 
organisations promoting environmental protection and meeting any requirements 
under national law shall be d eemed to have an interest. 
 
Ð 96/61/EC (adapted) 
Article 3 
General principles governing the ba sic obligations of the operator 
1. Member States shall take the necessary measur es to provide that the competent authorities 
ensure that installations are operated in such a way that: 
 
EN 13   EN (a) all the appropriate preven tive measures are taken agai nst pollution, in particular 
through application of the be st available techniques; 
(b) no significant pollution is caused; (c) waste production is avoided in accordance with Directive ⌦ 2006/12/EC of the 
European Parliament and of the Council ⌫
14; where waste is produced, it is 
recovered or, where that is technically and economically impossible, it is disposed of 
while avoiding or reducing a ny impact on the environment; 
(d) energy is used efficiently; (e) the necessary measures are taken to pr event accidents and limit their consequences; 
(f) the necessary measures are taken upon defi nitive cessation of ac tivities to avoid any 
pollution risk and return the site of  operation to a satisfactory state. 
2. For the purposes of compliance with this Artic le, it shall be sufficient if Member States 
ensure that the competent authorities take ac count of the general pr inciples set out in 
paragraph 1 when they determine the conditions of the permit. 
Article 4 
Permits for new installations 
Member States shall take the necessary measures to ensure that no new installation is operated 
without a permit issued in accordance with this Directive, without prejudice to the exceptions 
provided for in Directive 2001/80/EC of the European Parliament and of the Council
15. 
Article 5 
Requirements for the granting of p ermits for existing installations 
 
Ð 96/61/EC (adapted) 
1. Member States shall take the necessary measur es 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, Article 14(a) and (b) , 
and Article 15 (2) not later than ⌦ 30 October 2007 ⌫, without prejudice to specific 
Community legislation. 
2. Member States shall take the necessary measur es to apply the provisi ons of Articles 1, 2, 
11, 12, Article 14(c) , Article 15 (1) and (3), Articles 16, 17 and Article 18 (2) to existing installations as from ⌦ 30 October 1999 ⌫. 
                                                
 
14 OJ L ⌦ 114, 27.4.2006, p. 9 ⌫. 
15 OJ L 309, 27.11.2001, p. 1. 
 
EN 14   EN  
Ð 96/61/EC 
Article 6 
Applications for permits 
1. Member States shall take the necessary meas ures to ensure that an application to the 
competent authority for a perm it includes a description of: 
(a) the installation and its activities; (b) the raw and auxiliary materi als, 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 si te of the installation; 
(e) the nature and quantities of foreseeable emissions from the installation into each 
medium as well as identification of signi ficant effects of the emissions on the 
environment; 
(f) the proposed technology and other tec hniques for preventing or, where this not 
possible, reducing emissions  from the installation; 
(g) where necessary, measures for the prevention and recovery of waste generated by the 
installation; 
(h) further measures planned to comply w ith the general principles of the basic 
obligations of the operator as provided for in Article 3; 
(i) measures planned to monitor emissions into the environment; 
 
Ð 2003/35/EC Art. 4 pt. 2 
(j) the main alternatives, if any, st udied by the applicant in outline. 
 
Ð 96/61/EC 
An application for a permit shall also include a non-technical summary of  the details referred 
to in points (a) to (j). 
2. Where information supplied in accordance with the requirements provided for in 
Directive 85/337/EEC or a safety report prepared in accordance with Council Directive 96/82/EC 
16 or other information produced in re sponse to other legislation fulfils 
any of the requirements of this Article, that in formation may be included  in, or attached to, 
the application. 
                                                 
16 OJ L 10, 14.1.1997, p. 13. 
 
EN 15   EN Article 7 
Integrated approach to issuing permits 
Member States shall take the measures nece ssary to ensure that the conditions of, and 
procedure for the grant of, the permit are fully  coordinated where more than one competent 
authority is involved, in order to  guarantee an effec tive integrated appro ach by all authorities 
competent for this procedure. 
Article 8 
Decisions 
Without prejudice to other requirements laid do wn in national or Comm unity legislation, the 
competent authority shall grant a permit c ontaining conditions guar anteeing that the 
installation complies with the requirements of this  Directive or, if it doe s 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 9 
Conditions of the permit 
1. Member States shall ensure that the permit includes all measures necessary for compliance 
with the requirements of Articles 3 and 10 for the granting of permits in order to achieve a 
high level of protection for the environment as a whole by means of pr otection 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 in formation obtained or conclusion arrived at 
pursuant to Articles 5, 6 and 7 of that Directiv e shall be taken into consideration for the 
purposes of granting the permit. 
3. The permit shall include emission limit values for pollutants, in particular, those listed in 
Annex III, likely to be emitted from the installa tion concerned in significant quantities, having 
regard to their nature and their potential to transfer pollution from one medium to another 
(water, air and land). If necessary, the permit shall include appropriate requirements ensuring 
protection of the soil and ground water and meas ures concerning the management of waste 
generated by the installation. Where appropr iate, limit values may be supplemented or 
replaced by equivalent parame ters or technical measures. 
For installations under point 6.6 in Annex I, em ission limit values laid down in accordance 
with this paragraph shall take into account pr actical considerations appropriate to these 
categories of installation. 
 
EN 16   EN  
Ð 2003/87/EC Art. 26 (adapted) 
Where emissions of a greenhouse gas from an installation are specifi ed in Annex I to 
Directive 2003/87/EC of the Europ ean Parliament and of the Council17 in relation to an 
activity carried out in that inst allation, the permit shall not include an emission limit value for 
direct emissions of that gas unl ess it is necessary to ensure that no significant local pollution 
is caused. 
For activities listed in Annex I to Directive 2003/87/EC, Memb er 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. 
Where necessary, the competent authoritie s shall amend the permit as appropriate. 
⌦ The third, fourth and fifth ⌫ subparagraphs shall not apply to insta llations temporarily 
excluded from the scheme for greenhouse gas emission allowance trading within the 
Community in accordance with Article 27 of Directive 2003/87/EC. 
 
Ð 96/61/EC (adapted) 
4. Without prejudice to Article 10, the emission limit values a nd the equivalent parameters 
and technical measures referred to in paragr aph 3 shall be based on  the best available 
techniques, without prescribi ng 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 minimi zation of long-distance  or transboundary 
pollution and ensure a high level of protection for the environment as a whole. 
5. The permit shall contain suitable release m onitoring requirements, specifying measurement 
methodology and frequency, evaluation procedure and an obligation to supply the competent 
authority with data required for ch ecking compliance with the permit. 
For installations under point 6.6 in Annex I, the measures referred to in this paragraph may 
take account of costs and benefits. 
6. The permit shall contain measures relatin g 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, ma lfunctions, momentary stoppages and definitive 
cessation of operations. 
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 cond itions for the purposes of this Directive as 
the Member State or competent authority may think fit. 
                                                
 
17 OJ L 275, 25.10.2003, p. 32. 
 
EN 17   EN 8. Without prejudice to the ob ligation to implemen t a permit procedure pursuant to this 
Directive, Member States may prescribe ce rtain requirements for certain categories of 
installations in general binding rules inst ead of including them in individual permit 
conditions, provided that an integrated appr oach and an equivalent high level of 
environmental protection as a whole are ensured. 
Article 10 
Best available techniques and environmental quality standards 
Where an environmental quality standard requires  stricter conditions th an those achievable by 
the use of the best available techniques, additional measures shall in particular be required in the permit, without prejudice to other measures which might  be taken to comply with 
environmental quality standards. 
Article 11 
Developments in best available techniques 
Member States shall ensure that the compet ent authority follows or is informed of 
developments in best available techniques. 
Article 12 
Changes by operators to installations 
1. Member States shall take the necessary measures to ensure that the operator informs the 
competent authorities of any planned change  in the operation. Wh ere appropriate, the 
competent authorities shall update  the permit or the conditions. 
2. Member States shall take the necessary meas ures to ensure that no substantial change 
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 must cover those 
parts of the installation and t hose aspects listed in Article 6 that may be affected by the 
change. The relevant provisions of Article 3, Ar ticles 6 to 10 and Article 15 (1), (2) and (3) 
shall apply mutatis mutandis . 
Article 13 
Reconsideration and updating of permit conditions by the competent authority 
1. Member States shall take the necessary meas ures to ensure that competent authorities 
periodically reconsider and, where necessary, update permit conditions. 
2. The reconsideration shall be undertaken in any event where: 
(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; 
 
EN 18   EN (b) substantial changes in the best availa ble techniques make it possible to reduce 
emissions significantly without  imposing excessive costs; 
(c) the operational safety of the process or act ivity requires other techniques to be used; 
(d) new provisions of Community or national legislation so dictate. 
Article 14 
Compliance with permit conditions 
Member States shall take the necessary measures to ensure that: 
(a) the conditions of the permit are complie d with by the operator when operating the 
installation ; 
(b) 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 ; 
(c) operators of installations afford the re presentatives of the competent authority all 
necessary assistance to enab le them to carry out an y inspections within the 
installation, to take samples and to gather any information necessary for the performance of their duties for th e purposes of this Directive. 
Article 15 
Access to information and public participation in the permit procedure 
 
Ð 2003/35/EC Art. 4 pt. 3(a) 
(adapted) 
1. Member States shall ensure that the pub lic concerned are give n early and effective 
opportunities to par ticipate in the procedure for: 
(a) issuing a permit for new installations ; (b) issuing a permit for any substantial change ; (c) updating of a permit or permit conditions for an installation in accordance with 
Article 13(2)(a) . 
The procedure set out in Annex V shall appl y for the purposes of such participation. 
 
Ð 96/61/EC 
2. The results of monitoring of releases as requ ired under the permit conditions referred to in 
Article 9 and held by the comp etent authority shall be ma de available to the public. 
 
EN 19   EN 3. Paragraphs 1 and 2 shall apply subject to the restrictions laid down in  Article 4(1) and (2) 
of Directive 2003/4/EC of the Europe an Parliament and of the Council18. 
 
Ð 2003/35/EC Art. 4 pt. 3(b) 
4. When a decision has been taken, the compet ent authority shall in form the public in 
accordance with the appropriate procedures an d 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 opini ons expressed by the public concerned, the 
reasons and considerations on which the de cision is based, incl uding information on 
the public participation process. 
 
Ð 2003/35/EC Art. 4 pt. 4 
(adapted) 
Article 16 
Access to justice 
1. Member States shall ensure that, in accord ance with the relevant national legal system, 
members of the public concerned have access to a revi ew procedure before a court of law or 
another independent and impartial body establis hed by law to challeng e the substantive or 
procedural legality of decisions, acts or omissions subject to the public participation 
provisions of this Directive ⌦ when: ⌫ 
(a) ⌦ they have ⌫ a sufficient interest, or alternatively, 
(b) ⌦ they maintain ⌫ the impairment of a right, wher e administrative procedural law 
of a Member State requires  this as a precondition. 
2. Member States shall determine at what st age 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 objectiv e of giving the public concerned wide access to 
justice. To this end, the interest of any non-governmental organisation ⌦ promoting 
environmental protection and meeting any requirements under national law ⌫ shall be 
deemed sufficient for the purpose of point (a) of paragraph 1. 
Such organisations shall also be deemed to have rights capable of being impaired for the 
purpose of point (b) of paragraph 1. 
4. The provisions of this Article shall not ex clude the possibility of  a preliminary review 
procedure before an administrative authorit y and shall not affect the requirement of 
                                                 
18 OJ L 41, 14.2.2003, p. 26. 
 
EN 20   EN exhaustion of administrative re view procedures prior to r ecourse to judicial review 
procedures, where such a requireme nt 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 availa ble to the public on a ccess to administrative 
and judicial revi ew procedures. 
 
Ð 96/61/EC (adapted) 
Article 17 
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 ⌦ before 30April 2001 ⌫, 
the available representative data on the limit values laid down by specific category of 
activities in accordance with Anne x I and, if appropriate, the best available techniques from 
which those values are derived in  accordance with, in particul ar, 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 organize an exchange of information between Member States and 
the industries concerned on best availabl e techniques, associated monitoring, and 
developments in them.  
Every three years the Commission shall publish the results of the exchanges of information. 
3. Reports on the implementation of this Directive and its effectiveness compared with other 
Community environmental instruments shall be established in accordance with the procedure 
referred to in Article 6(2)  of Council Directive 91/692/EEC19. The Commission shall submit 
the report s ⌦ to the European Parliament and to the Council ⌫, accompanied by proposals 
if necessary. 
4. Member States shall establish or designate the authority or author ities which are to be 
responsible for the exchange of information und er paragraphs 1, 2 and 3 and shall inform the 
Commission accordingly. 
Article 18 
Transboundary effects 
 
Ð 2003/35/EC Art. 4 pt. 5(a) 
1. Where a Member State is aware that the oper ation of an installation is likely to have 
significant negative effects on the environment of  another Member State, or where a Member 
                                                 
19 OJ L 377, 31.12.1991, p. 48. 
 
EN 21   EN State likely to be significantly affected so re quests, the Member State in whose territory the 
application for a permit pursuant to Article 4 or Article 12(2) was submitted shall forward to the other Member State any information required to be given or made available pursuant to 
Annex V at the same time as it makes it available to its own nationals. 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. 
 
Ð 96/61/EC 
2. Within the framework of their bilateral relations , Member States shall see to it that in the 
cases referred to in paragraph 1 the applications  are also made availa ble for an appropriate 
period of time to the public of the Member State likely to be a ffected so that it will have the 
right to comment on them before the co mpetent authority re aches its decision. 
 
Ð 2003/35/EC Art. 4 pt. 5(b) 
3. The results of any consultations pursuant to  paragraphs 1 and 2 must be taken into 
consideration when the competent authorit y reaches a decision on the application. 
4. The competent authority shall inform any Member State, which has been consulted 
pursuant to paragraph 1, of th e decision reached on the applica tion and shall forward to it the 
information referred to in Article 15(4). That Member State shall take the measures necessary 
to ensure that that information is made av ailable in an appropriate manner to the public 
concerned in its own territory. 
 
Ð 96/61/EC (adapted) 
Article 19 
Community emission limit values 
1. ⌦ Where ⌫ the need for Community action has been identified, on the basis, in 
particular, of the exchange of in formation provided for in Article 17 ⌦ the European 
Parliament and ⌫ the Council, acting on a proposal from  the Commission, shall set emission 
limit values, in accordance with the proce dures laid down in the Treaty, for: 
(a) the categories of installations listed in  Annex I except for the landfills covered by 
points 5.1 and 5.4 of that Annex, 
 and (b) the polluting substances referred to in Annex III. 2. In the absence of Community emission limit va lues defined pursuant to this Directive, the 
relevant emission limit values contained in the Di rectives referred to in Annex II and in other 
Community legislation shall be applied as mi nimum emission limit values pursuant to this 
Directive for the installati ons listed in Annex I. 
 
EN 22   EN 3. Without prejudice to the requirements of this Directive, the te chnical requirements 
applicable for the landfills covere d by points 5.1 and 5.4 of Annex I, ⌦ have been ⌫ fixed 
⌦ in Council Directive 1999/31/EC20 ⌫. 
 
Ð 1882/2003 Art. 3 and Annex III 
pt. 61 
Article 20 
Committee  
1. The Commission shall be assisted by a committee. 
2. Where reference is made to this paragraph,  Articles 5 and 7 of Decision 1999/468/EC shall 
apply, having regard to the pr ovisions of Article 8 thereof. 
The period laid down in Article  5(6) of Decision 1999/468/EC sh all be set at three months. 
3. The Committee shall adopt its rules of procedure. 
 
Ð 96/61/EC (adapted) 
Article 21 
Transitional provisions 
1. The provisions of Directive 84/360/EEC, th e provisions of Articles 4, 5 and 6 (2) of 
Directive 2006/11/EC and the relevant provisi ons concerning authorization systems in the 
Directives listed in Annex II shall apply, without prejudice to the exceptions provided for in 
Directive 2001/80/EC, to existing in stallations in respect of activ ities listed in Annex I until 
the measures required pursuant to Article 5 of this Directive have been taken by the 
competent authorities. 
2. The relevant provisions concerning authorizati on systems in the Directives referred to in 
paragraph 1 shall not apply to installations which are new on ⌦ 30 October 1999 ⌫ in 
respect of the activitie s listed in Annex I. 
3. Directive 84/360/EEC shall be repealed ⌦ on 30 October 2007 ⌫. 
Acting on a proposal from  the Commission, the ⌦ European Parliament and/or the ⌫ 
Council shall, where necessary, amend the relevant provisions of the Dir ectives referred to in 
Annex II in order to adapt them to the requirements of this Directive before 
⌦ 30 October 2007 ⌫. 
                                                 
20 OJ L 182, 16.7.1999, p. 1. 
 
EN 23   EN Article 22  
⌦ Communication  ⌫ 
Member States shall communicate to the Comm ission the texts of the main provisions of 
national law which they adopt in th e field covered by this Directive. 
 
Ð 
Article 23 
Directive 96/61/EC, as amended by the acts listed in Annex VI, Pa rt A, is repealed, without 
prejudice to the obligatio ns of the Member States relating to the time-limits for transposition 
into national law of the Directives  set out in Annex VI, Part B. 
References to the repealed Directive shall be construed as references to this Directive and 
shall be read in accordance with th e correlation table in Annex VII. 
 
Ð 96/61/EC 
Article 24 
This Directive shall enter into force on the tw entieth day following that  of its publication in 
the Official Journal of  the European Union . 
Article 25 
This Directive is addressed to the Member States. 
Done at Brussels, […] 
For the European Parliament For the Council 
The President The President […] […] 
 
EN 24   EN  
Ð 96/61/EC 
ANNEX I  
CATEGORIES OF INDUSTRIAL ACTIVITIES REFERRED TO IN ARTICLE 1 
1. Installations or parts of in stallations used for research, development and testing of 
new products and processes are no t covered by this  Directive. 
2. The threshold values given below generally refer to production cap acities or outputs. 
Where one operator carries out several ac tivities falling under the same subheading 
in the same installation or on the same site , the capacities of such  activities are added 
together. 
1. E NERGY INDUSTRIES  
 
Ð 96/61/EC (adapted) 
1.1. Combustion installations with a rated thermal input exceeding 50 MW 
 
Ð 96/61/EC 
1.2. Mineral oil and gas refineries 
1.3. Coke ovens 
1.4. Coal gasification and liquefaction plants 
2. P RODUCTION AND PROCESSING OF METALS  
2.1. Metal ore (including sulphide ore) roasting or sintering installations 
2.2. Installations for the produc tion of pig iron or steel (pri mary or secondary fusion) 
including continuous cas ting, with a capacity exc eeding 2,5 tonnes per hour 
2.3. Installations for the proc essing of ferrous metals: 
(a) hot-rolling mills with a capacity exc eeding 20 tonnes of crude steel per hour 
(b) smitheries with hammers the energy of which exceeds 50 kilojoule per 
hammer, where the calorific power used exceeds 20 MW 
(c) application of protective fused metal coats with an input exceeding 2 tonnes of 
crude steel per hour 
2.4. Ferrous metal foundries with a produc tion capacity exceeding 20 tonnes per day 
2.5. Installations 
 
EN 25   EN (a) for the production of non-ferrous crude  metals from ore, concentrates or 
secondary raw materials by metallurgical, chemical or electrolytic processes 
(b) for the smelting, including the all oyage, of non-ferrous metals, including 
recovered products, (refining, foundry cas ting, etc.) with a melting capacity 
exceeding 4 tonnes per day for lead and cadmium or 20 tonnes per day for all other metals 
2.6. Installations for surface treatme nt of metals and plastic mate rials using an electrolytic 
or chemical process where the volume of the treatment vats exceeds 30 m
3 
3. M INERAL INDUSTRY  
3.1. Installations for the production of cement clinker in rotary k ilns with a production 
capacity exceeding 500 tonnes per day or li me in rotary kilns with a production 
capacity exceeding 50 tonnes per day or in other furnaces with a production capacity exceeding 50 tonnes per day 
3.2. Installations for the production of asbest os and the manufacture of asbestos-based 
products 
3.3. Installations for the ma nufacture of glass including glass fibre with a melting 
capacity exceeding 20 tonnes per day 
3.4. Installations for melting mineral substa nces including the production of mineral 
fibres with a melting capacity exceeding 20 tonnes per day 
3.5. Installations for the manufact ure of ceramic products by fi ring, in particular roofing 
tiles, bricks, refractory br icks, tiles, stoneware or porcelain, with a production 
capacity exceeding 75 tonnes per day, and/or  with a kiln capaci ty exceeding 4 m3 
and with a setting density per kiln exceeding 300 kg/m
3 
4. C HEMICAL INDUSTRY  
 Production within the meaning of the categories of activitie s contained in this section 
means the production on an industrial scale by chemical processing of substances or 
groups of substances listed in points 4.1 to 4.6 
4.1. Chemical installations for the producti on of basic organic chemicals, such as: 
(a) simple hydrocarbons (linear  or cyclic, saturated or unsaturated, aliphatic or 
aromatic) 
(b) oxygen-containing hydrocarbons such as alcohols, aldehydes, ketones, 
carboxylic acids, esters, acetates, ethers, peroxides, epoxy resins 
(c) sulphurous hydrocarbons (d) nitrogenous hydrocarbons such as amines, amides, nitrous compounds, nitro 
compounds or nitrate compounds, n itriles, cyanates, isocyanates 
 
EN 26   EN (e) phosphorus-containing hydrocarbons 
(f) halogenic hydrocarbons (g) organometallic compounds (h) basic plastic materials (polymers synthetic fibres and cellulose-based fibres) 
(i) synthetic rubbers (j) dyes and pigments (k) surface-active agents and surfactants 
4.2. Chemical installations for the production of basic inorganic chemicals, such as: 
(a) gases, such as ammonia, chlorine  or hydrogen chloride, fluorine or hydrogen 
fluoride, carbon oxides, sulphur compounds, nitrogen oxides, hydrogen, 
sulphur dioxide, carbonyl chloride  
(b) acids, such as chromic acid, hydrofl uoric acid, phosphoric acid, nitric acid, 
hydrochloric acid, sulphuric ac id, oleum, sulphurous acids 
(c) bases, such as ammonium hydroxide , potassium hydroxide, sodium hydroxide 
(d) salts, such as ammonium chloride, potassium chlorate, potassium carbonate, 
sodium carbonate, perbor ate, silver nitrate 
(e) non-metals, metal oxides or other inorganic compounds such as calcium 
carbide, silicon, silicon carbide 
4.3. Chemical installations for the producti on of phosphorous-, nitr ogen- or potassium-
based fertilizers (simple or compound fertilizers) 
4.4. Chemical installations for the production of basic plant health  products and of 
biocides 
4.5. Installations using a chemical or biol ogical process for th e production of basic 
pharmaceutical products 
4.6. Chemical installations for the production of explosives 
5. W
ASTE MANAGEMENT  
 Without prejudice to Article 11 of Di rective 2006/12/EC or Article 3 of Council 
Directive 91/689/EEC1: 
5.1. Installations for the disposal or recovery  of hazardous waste as defined in the list 
referred to in Article 1 (4) of Directive 91/689/EEC, as de fined in Annexes II A and 
                                                 
1 OJ L 377, 31.12.1991, p. 20. 
 
EN 27   EN II B (operations R1, R5, R6, R8 and R9) to Directive 2006/12/EC and in Council 
Directive 75/439/EEC2, with a capacity exc eeding 10 tonnes per day 
 
Ð 96/61/EC (adapted) 
5.2. Installations for the incineration of ⌦ mixed ⌫ municipal waste as defined in 
Directive 2000/76/EC of the Europ ean Parliament and of the Council3 with a 
capacity exceeding 3 tonnes per hour 
 
Ð 96/61/EC 
5.3. Installations for the dispos al of non-hazardous waste as defined in Annex II A to 
Directive 2006/12/EC under headings D8 and D9, with a capacity exceeding 50 tonnes per day 
5.4. Landfills receiving more than 10 tonnes pe r day or with a total capacity exceeding 
25 000 tonnes, excluding la ndfills of inert waste 
6. O
THER ACTIVITIES  
6.1. Industrial plants for the production of: 
(a) pulp from timber or other fibrous materials 
 
Ð 96/61/EC (adapted) 
(b) paper and ⌦ card ⌫ board with a production capacity exceeding 20 tonnes 
per day 
6.2. Plants for the pre-treatment (operations such as washing, bleaching, mercerization) 
or dyeing of fibres or textiles where the treatment capacity exceeds 10 tonnes per day 
6.3. Plants for the tanning of  hides and skins where the treatment capacity exceeds 12 
tonnes of finished products per day 
6.4 (a) Slaughterhouses with a carcase prod uction capacity greater than 50 tonnes per 
day 
(b) Treatment and processing intended fo r the production of food products from: 
– animal raw materials (other than milk ) with a finished product production 
capacity greater than 75 tonnes per day 
– vegetable raw materials with a fi nished product production capacity 
greater than 300 tonnes per day (avera ge value on a quarterly basis) 
                                                 
2 OJ L 194, 25.7.1975, p. 23. 
3 OJ L 332, 28.12.2000, p. 91. 
 
EN 28   EN (c) Treatment and processing of milk, the quantity of milk received being greater 
than 200 tonnes per day (average value on an annual basis) 
6.5. Installations for the disposal  or recycling of animal carcas es and animal waste with a 
treatment capacity excee ding 10 tonnes per day 
6.6. Installations for the inte nsive rearing of poultry or  pigs with more than: 
(a) 40 000 places for poultry (b) 2 000 places for production pigs (over 30 kg), or (c) 750 places for sows 
6.7. Installations for the surface treatment of  substances, objects or products using 
organic solvents, in particular for dressing, printing, coating, degreasing, 
waterproofing, sizing, pain ting, cleaning or impregna ting, with a consumption 
capacity of more than 150 kg per hour  or more than 200 tonnes per year 
6.8. Installations for the produc tion of carbon (hard-burnt coal ) or electrographite by 
means of incinerati on or graphitization 
___________
 
EN 29   EN ANNEX II  
LIST OF THE DIRECTIVES REFERRED TO IN ARTICLES 19  (2) ⌦ and (3)  ⌫ 
AND 21  
1. Council Directive 87/217/EEC  of 19 March 1987 on the prevention and reduction of 
environmental pollution by asbestos 
2. Council Directive 82/176/EEC of 22 Ma rch 1982 on limit values and quality 
objectives for mercury discharges by the chlor-alkali electrolysis industry 
3. Council Directive 83/513/EEC of 26 September 1983 on limit values and quality 
objectives for cadmium discharges 
4. Council Directive 84/156/EEC of 8 Ma rch 1984 on limit values and quality 
objectives for mercury discharges by sectors other than the chlor-alkali electrolysis 
industry 
5. Council Directive 84/491/EEC of 9 Oc tober 1984 on limit values and quality 
objectives for discharges of hexachlorocyclohexane 
6. Council Directive 86/28 0/EEC of 12 June 1986 on limit values and quality objectives 
for discharges of certain dangerous substa nces included in List  I of the Annex to 
Directive 76/464/EEC 
7. Directive 2000/76/EC of the European  Parliament and of the Council of 
4 December 2000 on the incineration of waste 
8. 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 
9. 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 
10. Directive 2006/11/EC of the European Par liament and of the Council of 15 February 
2006 on pollution caused by certain dangerous su bstances discharged into the aquatic 
environment of the Community 
11. Directive 2006/12/EC of the European Parl iament and of the Council of 5 April 2006 
on waste 
12. Council Directive 75/439/EEC  of 16 June 1975 on the disposal of waste oils 
13. Council Directive 91/689/EEC of 12  December 1991 on hazardous waste 
 
Ð 96/61/EC (adapted) 
14. ⌦ Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste ⌫ 
__________
 
EN 30   EN  
Ð 96/61/EC 
ANNEX III  
INDICATIVE LIST OF THE MAIN PO LLUTING SUBSTANCES TO BE TAKEN 
INTO ACCOUNT IF THEY ARE RELEV ANT FOR FIXING EMISSION LIMIT 
VALUES 
AIR 
1. Sulphur dioxide and other sulphur compounds 
2. Oxides of nitrogen and other nitrogen compounds 3. Carbon monoxide 4. Volatile organic compounds 5. Metals and their compounds 6. Dust 7. Asbestos (suspended particulates, fibres) 8. Chlorine and its compounds 9. Fluorine and its compounds 10. Arsenic and its compounds 
11. Cyanides 
12. Substances and preparations which have  been proved to possess carcinogenic or 
mutagenic properties or properties whic h may affect reproduction via the air 
13. Polychlorinated dibenzodioxins and polychlorinated dibenzofurans 
WATER 
1. Organohalogen compounds and substances which may form such compounds in the 
aquatic environment 
2. Organophosphorus compounds 3. Organotin compounds 4. Substances and preparations which have  been proved to possess carcinogenic or 
mutagenic properties or pr operties which may affect reproduction in or via the 
aquatic environment 
 
EN 31   EN 5. Persistent hydrocarbons and persistent a nd bioaccumulable organic toxic substances 
6. Cyanides 7. Metals and their compounds 8. Arsenic and its compounds 9. Biocides and plant health products 10. Materials in suspension 11. Substances which contribute to eutrophication (in particul ar, nitrates and phosphates) 
12. Substances which have an unfavourable influence on the oxygen balance (and can be 
measured using parameters such as BOD, COD, etc.). 
_________ 
 
EN 32   EN ANNEX IV  
Considerations to be taken into account generally  or in specific cases when determining best 
available techniques, as defined in Article 2(12), bearing in mi nd the likely costs and benefits 
of a measure and the principles  of precaution and prevention: 
1. the use of low-waste technology; 2. the use of less hazardous substances; 3. the furthering of recovery and recycling of substances genera ted and used in the 
process and of waste, where appropriate; 
4. comparable processes, facilities or met hods of operation which ha ve been tried with 
success on an industrial scale; 
5. technological advances and changes in  scientific knowledge  and understanding; 
6. the nature, effects and volume of the emissions concerned; 7. the commissioning dates for ne w or existing installations; 
8. the length of time needed to in troduce the best available technique; 
9. the consumption and nature of raw materi als (including water) used in the process 
and energy efficiency; 
10. the need to prevent or reduce to a minimu m the overall impact of the emissions on 
the environment and the risks to it; 
11. the need to prevent accidents and to mini mize the consequences for the environment; 
 
Ð 96/61/EC (adapted) 
12. the information published by the Commission pursuant to Article 17 (2) ⌦ second 
subparagraph ⌫ or by international organizations. 
 
EN 33   EN  
Ð 2003/35/EC Art. 4 pt. 6 and 
Annex II 
ANNEX V  
PUBLIC PARTICIPATION IN DECISION-MAKING 
1. The public shall be informed (by public not ices or other appropriate means such as 
electronic media where available) of the fo llowing matters early in the procedure for 
the taking of a decision or, at the latest, as soon as the information can reasonably be 
provided: 
(a) the application for a permit or, as  the case may be, th e proposal for the 
updating of a permit or of permit conditions  in accordance with Article 15(1), 
including the description of the elements listed in Article 6(1); 
(b) where applicable, the fact that a decision is subjec t to a national or 
transboundary environmental impact asse ssment or to consultations between 
Member States in accordance with Article 18 ; 
(c) details of the competent authorities responsible for taking the decision, those 
from which relevant information can be obtained, those to which comments or 
questions can be submitted, and details of the time schedule for transmitting 
comments or questions; 
(d) the nature of possible decisions or, where there is one, the draft decision; 
(e) where applicable, the details relating to a proposal for the updating of a permit 
or of permit conditions; 
(f) an indication of the tim es and places where, or means by which, the relevant 
information will be made available; 
(g) details of the arrangements for public  participation and consultation made 
pursuant to point 5. 
2. Member States shall ensure that, within appropriate time-frames, the following is 
made available to the public concerned: 
(a) in accordance with national legislation, the main reports and advice issued to 
the competent authority or authorities at the time when the public concerned 
were informed in accordance with point 1; 
(b) in accordance with th e provisions of Directive 2003/4/EC, information other 
than that referred to in point 1 which is  relevant for the decision in accordance 
with Article 8 and which only become s available after the time the public 
concerned was informed in accordance with point 1. 
3. The public concerned shall be entitled to  express comments and opinions to the 
competent authority before a decision is taken. 
 
EN 34   EN 4. The results of the consultations held pursu ant to this Annex must be taken into due 
account in the taking of a decision. 
5. The detailed arrangements for informing the public (for example by bill posting 
within a certain radius or publication in local newspape rs) and consulting the public 
concerned (for example by written submissi ons or by way of a public inquiry) shall 
be determined by the Member States. Re asonable time-frames for the different 
phases shall be provided, allowing sufficient time for informing the public and for 
the public concerned to prepare and par ticipate effectively in environmental 
decision-making subject to th e provisions of this Annex. 
________ 
 
EN 35   EN  
Ï 
ANNEX VI  
Part A 
Repealed Directive with its successive amendments  
(referred to in Article 23) 
Council Directive 96/61/EC 
(OJ L 257, 10.10.1996, p. 26)  
Directive 2003/35/EC of the European Parliament 
and of the Council (OJ L 156, 25.6.2003, p. 17) only Article 4 and Annex II 
Directive 2003/87/EC of the European Parliament 
and of the Council (OJ L 275, 25.10.2003, p. 32) only Article 26 
Regulation (EC) N° 1882/2003 of the European 
Parliament and of the Council 
(OJ L 284, 31.10.2003, p. 1) only point (61) of Annex III 
Regulation (EC) N° 166/2006 of the European 
Parliament and of the Council (OJ L 33, 4.2.2006, p. 1) only Article 21(2) 
Part B 
List of time-limits for tran sposition into national law (referred to in Article 23) 
Directive Time-limit for transposition 
96/61/EC 30 October 1999 
2003/35/EC 25 June 2005 
2003/87/EC 31 December 2003 
_____________ 
 
EN 36   EN ANNEX VII  
CORRELATION TABLE  
Directive 96/61/EC This Directive 
Article 1 Article 1 
Article 2, introductory words Article 2, introductory words 
Article 2(1-9) Article 2(1-9) 
Article 2(10)(a) Article 2(10) 
Article 2(10)(b) Article 2(11) 
Article 2(11), first subparagraph, introductory 
wording Article 2(l2), first s ubparagraph, introductory 
wording 
Article 2(11), first subparag raph, first indent Article 2( 12), first subparagraph, (a) 
Article 2(11), first subparagraph, second 
indent Article 2(12), first subparagraph, (b) 
Article 2(11), first subparag raph, third indent Article 2( 12), first subparagraph, (c) 
Article 2(11), second subparagraph Article 2(12), second subparagraph 
Article 2(12) Article 2(13) 
Article 2(13) Article 2(14) 
Article 2(14) Article 2(15) 
Article 3, first subparagraph Article 3(1) 
Article 3, second subparagraph Article 3(2) 
Article 4 Article 4 
Article 5 Article 5 
Article 6(1), first s ubparagraph, introductory 
wording Article 6(1), first subpa ragraph, introductory 
wording 
Article 6(1), first subpa ragraph, first to tenth 
indent Article 6(1), first subparagraph, (a) to (j) 
Article 6(1), second subparagraph Article 6(1), second subparagraph 
Article 6(2) Article 6(2) 
 
EN 37   EN Article 7 to 12 Article 7 to 12 
Article 13(1) Article 13(1) 
Article 13(2), introductory wording Article 13(2), introductory wording 
Article 13(2), first to fourth indent Article 13(2)(a) to (d) 
Article 14, introductory wording Article 14, introductory wording 
Article 14, first to third i ndent Article 14(a) to (c) 
Article 15(1), first subparagraph, introductory 
wording Article 15(1), first s ubparagraph, introductory 
wording 
Article 15(1), first subp aragraph, first to third 
indent Article 15(1), first subparagraph, (a) to (c) 
Article 15(1), second subparagraph Article 15(1), second subparagraph 
Article 15(2) Article 15(2) 
Article 15(4) Article 15(3) 
Article 15(5) Article 15(4) 
Article 15a, first subparagraph, introductory 
and final words Article 16(1) 
Article 15a, first subpa ragraph, (a) and (b) Ar ticle 16(1)(a) and (b) 
Article 15a, second subparagraph Article 16(2) 
Article 15a, third subparagraph, first and 
second sentence Article 16(3), first subparagraph 
Article 15a, third subparag raph, third sentence Article 16(3), second subparagraph 
Article 15a, fourth subparagraph Article 16(4), first subparagraph 
Article 15a, fifth subparagraph Ar ticle 16(4), second subparagraph 
Article 15a, sixth subpa ragraph Article 16(5) 
Article 16 Article 17 
Article 17 Article 18 
Article 18(1), introductory a nd final words Article 19(1) 
Article 18(1), first and second i ndent  Article 19(1)(a) and (b) 
 
EN 38   EN Article 18(2), first subparagraph Article 19(2) 
Article 18(2), second subparagraph Article 19(3) 
Article 19 Article 20 
Article 20 Article 21 
Article 21(1) _______ 
Article 21(2) Article 22 
_______ Article 23 
Article 22 Article 24 
Article 23 Article 25 
Annex I Annex I 
Annex II Annex II 
Annex III Annex III 
Annex IV Annex IV 
Annex V Annex V 
_______ Annex VI 
_______ Annex VII 
_____________