Tuesday 10 March 2009

Industrial emissions (integrated pollution prevention and control) (recast) ***I

P6_TA(2009)0093

European Parliament legislative resolution of 10 March 2009 on the proposal for a directive of the European Parliament and of the Council on industrial emissions (integrated pollution prevention and control) (recast) (COM(2007)0844 – C6-0002/2008 – 2007/0286(COD))

2010/C 87 E/45

(Codecision procedure: recast)

The European Parliament,

having regard to the Commission proposal to the European Parliament and the Council (COM(2007)0844),

having regard to Article 251(2) and Article 175(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0002/2008),

having regard to the Interinstitutional Agreement of 28 November 2001 on a more structured use of the recasting technique for legal acts (1),

having regard to the letter of 10 September 2008 from the Committee on Legal Affairs to the Committee on Environment, Public Health and Food Safety in accordance with Rule 80a(3) of its Rules of Procedure,

having regard to Rules 80a and 51 of its Rules of Procedure,

having regard to the report of the Committee on the Environment, Public Health and Food Safety and the opinion of the Committee on Legal Affairs (A6-0046/2009),

whereas, according to the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission, the proposal in question does not include any substantive amendments other than those identified as such in the proposal and whereas, as regards the codification of the unchanged provisions of the earlier acts together with those amendments, the proposal contains a straightforward codification of the existing texts, without any change in their substance,

Approves the Commission proposal as adapted to the recommendations of the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission and incorporating the technical amendments approved by the Committee on Legal Affairs and as amended below;

Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;

Instructs its President to forward its position to the Council and the Commission.

(1) OJ C 77, 28.3.2002, p. 1.

Tuesday 10 March 2009

P6_TC1-COD(2007)0286

Position of the European Parliament adopted at first reading on 10 March 2009 with a view to the adoption of Directive 2009/…/EC of the European Parliament and of the Council on industrial emissions (integrated pollution prevention and control) (recast)

(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 175 (1) thereof,

Having regard to the proposal from the Commission ║,

Having regard to the opinion of the European Economic and Social Committee (1),

Having regard to the opinion of the Committee of the Regions (2),

Acting in accordance with the procedure laid down in Article 251 of the Treaty (3),

Whereas:

(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 (4), 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 (5), 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 (6), Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control (7), 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 (8), Directive 2000/76/EC of the European Parliament and of the Council of 4 December 2000 on the incineration of waste (9) 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 (10). In the interests of clarity, those 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) Compliance with the emission limit values provided for in this Directive should be regarded as a necessary but insufficient condition for meeting the objectives of preventing and reducing pollution and achieving a high level of protection of the environment, including groundwater, air and soil, and of the public. In order to meet those objectives, it may be necessary to lay down more stringent limit values for the polluting substances covered by this Directive, the emission values for other substances and environmental components, and other appropriate conditions.

(4) 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 for 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.

(5) 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 on Air Pollution (11), the Thematic Strategy for Soil Protection (12) and the Thematic Strategy on the Prevention and Recycling of Waste (13) adopted as a follow-up to 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 (14). Those communications set objectives to protect human health and the environment which cannot be met without further reductions of emissions arising from industrial activities.

(6) 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. The overall use of organic solvents should be minimised.

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

(8) In order to avoid duplication of regulation, the permit for an installation covered by 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 (15) 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 installation is temporarily excluded from that scheme.

(9) 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 certain public and private projects on the environment (16) and of Council Directive 96/82/EC of 9 December 1996 on the control of major-accident hazards involving dangerous substances (17) when submitting an application for a permit.

(10) The permit should include all the ║ measures necessary 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 for the protection of the soil and groundwater, monitoring requirements and a list of the dangerous substances or preparations used as defined in Council Directive 67/548/EEC of 27 June 1967 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances (18). The conditions of the permit should be set on the basis of best available techniques.

(11) 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 publish 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.

(12) In order to take into account certain specific circumstances, competent authorities should be able to lay down emission limit values , equivalent parameters or technical measures resulting in emission levels that may exceed the emission levels associated with the best available techniques as described in the BAT reference documents. ▐

(13) 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.

(14) 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.

(15) The spreading of livestock manure and slurry can lead to significant impacts on the quality of the environment. In order to ensure that the prevention and control of these impacts is carried out 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.

(16) 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.

(17) It is necessary to ensure that the operation of an installation does not lead to a significant deterioration of the quality of soil and groundwater. Where necessary and appropriate, permit conditions should therefore include the monitoring of soil and groundwater and the requirement to remediate the site upon definitive cessation of activities , in accordance with the requirements laid down in Community and national law . As soon as Community legislation amending Directive 2004/35/EC 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 (19) or new legislation on the protection of soil and groundwater enters into force, the Commission should review the provisions on the protection of soil and groundwater provided for in this Directive in order to ensure consistency and to avoid overlap.

(18) In order to ensure ║ 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 operators comply with those conditions and 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. It is for the Member States to determine the most appropriate enforcement regimes, including how emission limit values should be complied with.

(19) Bearing in mind the provisions of the Aarhus Convention (20), 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. The 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.

(20) 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 (21) and the objectives set in the Commission Communication on the Thematic Strategy on Air Pollution, it is necessary to set more stringent emission limit values at Community level for certain categories of combustion plants and pollutants.

(21) In the 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.

(22) 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 12-month period in order to limit the negative effects of pollution on the environment. However, where there is an overriding need for 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 those time limits.

(23) 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.

(24) 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.

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

(26) 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 (22). ▐

(27) In accordance with the ‘polluter pays’ principle, 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 with 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 in Annex V.

(29) In order to address the significant problems raised by the emissions of dioxins, furans and other relevant polluting substances emitted by installations producing pig iron and steel and, in particular, sintering iron ore, the procedure on the minimum requirements laid down in this Directive should be applied to such installations as a priority and in any event by 31 December 2011.

(30) Since the objectives of the action to be taken, namely 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.

(31) 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.

(32) 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 recast by this Directive. The obligation to transpose the provisions which are unchanged arises under the earlier Directives.

(33) 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.

HAVE ADOPTED THIS DIRECTIVE:

CHAPTER I

Common provisions

Article 1

Subject matter

This Directive lays down rules on integrated prevention and control of pollution arising from industrial activities.

It also lays down rules designed to prevent or, where that is not practicable, to reduce emissions in the air, water and land and to prevent generation of waste, in order to achieve a high level of protection of the environment taken as a whole.

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.

Article 3

Definitions

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

(1) ‘substance’ means any chemical element and its compounds, with the exception of the following substances: (a) radioactive substances as defined in Council Directive 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 (23); (b) genetically modified micro-organisms as defined in Council Directive 90/219/EEC ║ of 23 April 1990 on the contained use of genetically modified micro-organisms (24); (c) genetically modified organisms as defined in Directive 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 ║ (25);

(2) ‘pollution’ 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) ‘installation’ means a stationary technical unit 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 listed in those Annexes and which could have an effect on emissions and pollution;

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

(5) ‘emission limit value’ 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.

(6) ‘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;

(7) ‘permit’ means a written authorisation to operate all or part of an installation or combustion plant, waste incineration plant or waste co-incineration plant;

(8) ‘substantial change’ means a change in the nature or functioning, or an extension, of an installation or combustion plant, waste incineration plant or waste co-incineration plant which may have significant negative effects on humans or the environment;

(9) ‘best available techniques’ 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 the basis for emission limit values and other permit conditions designed to prevent and, where that is not practicable, to reduce emissions and the impact on the environment as a whole: (a) ‘techniques’ includes both the technology used and the way in which the installation is designed, built, maintained, operated and decommissioned; (b) ‘available’ techniques 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’ means most effective in achieving a high general level of protection of the environment as a whole.

(10) ‘best available techniques associated emission levels’ (‘BAT-AELs’) means a range of emission levels resulting from the application, in normal operating conditions, of the best available techniques as described in the BAT reference documents and expressed in the form of an average over a given period of time and under given reference conditions;

(11) ‘operator’ 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;

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

(13) ‘the public concerned’ 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 the requirements of any relevant national law shall be deemed to have an interest;

(14) ‘emerging technique’ means a novel technique for an industrial activity that, if industrially proven and commercially developed, would provide a higher general level of protection of the environment or at least the same level of protection and higher cost savings than existing best available techniques;

(15) ‘dangerous substances’ means dangerous substances or preparations as defined in ║ Directive 67/548/EEC ║ 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 (26);

(16) ‘baseline report’ means quantified information on the state of soil and groundwater contamination by significant amounts of relevant dangerous substances;

(17) ‘routine inspection’ means an environmental inspection carried out as part of a planned inspection programme;

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

(19) ‘environmental inspection’ means any activity that involves verifying that an installation complies with relevant environmental requirements;

(20) ‘fuel’ means any solid, liquid or gaseous combustible material used to fire a combustion plant;

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

(22) ‘biomass’ means any of the following: (a) products consisting of any vegetable matter from agriculture or forestry which can be used as a fuel for the purpose of recovering its energy content; (b) the following waste used as a fuel: (i) vegetable waste from agriculture and forestry; (ii) vegetable waste from the food processing industry, if the heat generated is recovered; (iii) 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; (iv) cork waste; (v) 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;

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

(24) ‘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;

(25) ‘waste’ means waste as defined in Article 3(1) of Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste (27);

(26) ‘hazardous waste’ means hazardous waste as defined in Article 3(2) of Directive 2008/98/EC;

(27) ‘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 under heading 20 01 of the Annex to Commission Decision 2000/532/EC ║ (28) establishing the European Waste List ║ that is collected separately at source and excluding the other wastes indicated under heading 20 02 of that Annex;

(28) ‘waste incineration plant’ means any stationary or mobile technical unit and equipment dedicated to the thermal treatment of waste, with or without recovery of the combustion heat generated, through the incineration by oxidation of waste as well as other thermal treatment processes if the substances resulting from the treatment are subsequently incinerated;

(29) ‘waste co-incineration plant’ means any stationary or mobile technical unit the main purpose of which is the generation of energy or production of material products and which uses waste 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;

(30) ‘nominal capacity’ means the sum of the incineration capacities of the furnaces of which 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 of the calorific value of the waste, expressed as the quantity of waste incinerated per hour;

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

(32) ‘residue’ means any liquid or solid waste which is generated by a waste incineration plant or waste co-incineration plant;

(33) ‘organic compound’ 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;

(34) ‘volatile organic compound’ 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;

(35) ‘organic solvent’ means any 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) as a cleaning agent to dissolve contaminants; (c) as a dissolver; (d) as a dispersion medium; (e) as a viscosity adjuster; (f) as a surface tension adjuster; (g) a plasticiser; (h) as a preservative;

(36) ‘coating’ means 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 (29);

(37) ‘general binding rules’ means emission limit values or other conditions, defined in environmental legislation, at least at sector level, that are laid down with the intention to be used directly to set permit conditions.

Article 4

Obligation to hold a permit

1. Member States shall take the necessary measures to ensure that no installation or combustion plant, waste incineration plant or waste co-incineration plant is operated without a permit.

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

The procedure for registration shall be specified in a binding act and include at least a notification to the competent authority by the operator of the intention to operate an installation.

2. Member States may provide that a permit may cover two or more installations or parts of installations operated by the same operator on the same site or on different sites.

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

Article 5

Operators

Member States may provide that two or more natural or legal persons are entitled to be the joint operator of an installation or combustion plant, waste incineration plant or waste co-incineration plant, or to be the operators of different parts of an installation or plant. A single natural or legal person shall be identified to take the responsibility for meeting the obligations of this Directive.

Article 6

Granting of a permit

1. The competent authority shall grant a permit if the installation complies with the requirements of this Directive.

2. Member States shall take the measures necessary to ensure that the conditions of, and the procedures for the 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.

3. 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, 7 and 9 of that Directive shall be examined and used for the purposes of granting the permit.

Article 7

General binding rules

Without prejudice to the obligation to hold a permit, Member States may include requirements for certain categories of installations, combustion plants, waste incineration plants or waste co-incineration plants in general binding rules.

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

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 the relevant data on compliance with the permit conditions at least every 24 months, which shall be made available on the internet without delay. In the event that a breach of permit conditions has been identified by an inspection in accordance with Article 25, the reporting frequency shall be increased to at least once every twelve months;

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

Article 9

Non-compliance

1. Member States shall take the necessary measures to ensure that the conditions of the permit are complied with.

2. 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;

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

In cases of a breach causing significant danger to human health or the environment and as long as compliance is not restored 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 suspended.

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, 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. 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.

CHAPTER II

Special provisions for activities listed in Annex I

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.

Article 12

General principles governing the basic obligations of the operator

Member States shall take the necessary measures to provide that the installations are operated in accordance with the following principles:

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

(2) the best available techniques are applied;

(3) no significant pollution is caused;

(4) waste production is avoided in accordance with Directive 2008/98/EC;

(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) energy is used efficiently;

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

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

Article 13

Applications for permits

1. Member States shall take the necessary measures to ensure that an application 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 at the site of the installation;

(e) if the activity involves significant amounts of relevant dangerous substances , a baseline report providing information on those substances ;

(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 12;

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

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

An application for a permit shall also include a non-technical summary of the details referred to in the first subparagraph and, where applicable, a baseline report .

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 or other information produced in response to other legislation fulfils any of the requirements of paragraph 1, that information may be included in, or attached to, the application.

Article 14

BAT reference documents and exchange of information

1. The Commission shall organise exchanges of information between the Member States, representatives of their relevant competent authorities, operators and providers of techniques representing the industry concerned, non-governmental organisations promoting environmental protection, and the Commission in relation to the following:

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

(b) the best available techniques used, associated monitoring and developments concerning the best available techniques.

For the organisation of the exchange of information referred to in this paragraph, the Commission shall establish an Information Exchange Forum comprised of the stakeholders referred to in the first subparagraph.

The Commission shall establish guidance for the exchange of information including relating to the collection of data and the determination of the content of BAT reference documents. The Commission shall publish an evaluation report in this regard. That report shall be made accessible on the internet.

2. The Commission shall publish the result of the information exchange referred to in paragraph 1 as a new or updated BAT reference document.

3. The BAT reference documents shall in particular describe the best available techniques, the associated emission levels , consumption 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 , finalising the revision within eight years of the publication of the previous version . The Commission shall ensure that the BAT conclusions of the BAT reference documents are made available in the official languages of the Member States. On request of a Member State, the Commission shall make available the entire BAT reference document in the requested language.

Article 15

Permit conditions

1. Member States shall ensure that the permit includes all measures necessary for compliance with the requirements of Articles 12 and 19.

Those measures shall include at least the following:

(a) emission limit values for polluting substances, listed in Annex 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;

(b) if necessary, appropriate requirements ensuring protection of the soil and groundwater and measures concerning the management of waste generated by the installation;

(c) 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;

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

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

(f) provisions on the minimisation of long distance or transboundary pollution.

2. For the purpose of point (a) of ║ paragraph 1, emission limit values may be supplemented or replaced by equivalent parameters or technical measures.

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 , in consultation with the operator, shall determine the emission levels which can be achieved using 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.

Article 16

Emission limit values, equivalent parameters and technical measures

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

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, provided that an equivalent level of protection of the environment as a whole is guaranteed and provided this does not lead to higher levels of pollution in the environment.

2. Without prejudice to Article 19, the emission limit values and the equivalent parameters and technical measures referred to in paragraphs 1 and 2 of Article 15 shall be based on the best available techniques, without prescribing the use of any technique or specific technology.

The competent authority shall set emission limit values and monitoring and compliance requirements to ensure that the BAT associated emission levels are not exceeded .

Emission limit values may be supplemented by equivalent parameters or technical measures provided that an equivalent level of environmental protection can be achieved.

3. By derogation from the second subparagraph of paragraph 2, the competent authority may, in exceptional cases which result from the 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 , equivalent parameters or technical measures, and monitoring and compliance requirements in such a way that BAT associated emission levels may be exceeded .

Those emission limit values , equivalent parameters or technical measures shall however not exceed the emission limit values set out in accordance with Article 68 or, where applicable, in Annexes V to VIII.

Member States shall ensure that the public concerned is given early and effective opportunities to participate in the decision-making process relating to the grant of the derogation referred to in this paragraph.

When emission limit values, equivalent parameters and technical measures are established in accordance with this paragraph, the reasons for allowing emission levels to deviate from BAT associated emission levels, as described in the BAT reference documents, shall be documented and justified in an annex to the permit conditions.

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 , with the exception of areas included within the scope of Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources (30).

5. The competent authority may grant temporary derogations from the requirements of paragraph 2 and from points (1) and (2) 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 five years for groundwater and ten years for soil, unless such monitoring is based on a systematic appraisal of the risk of contamination .

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

1. When adopting general binding rules, Member States shall ensure an integrated approach and a high level of environmental protection equivalent to that achievable with individual permit conditions.

2. General binding rules shall be based on the best available techniques, without prescribing the use of any technique or specific technology in order to ensure compliance with Articles 15 and 16 .

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3. Member States shall ensure that general binding rules are kept up to date with developments in the best available techniques in order to ensure compliance with Article 22 .

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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.

Article 19

Environmental quality standards

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

Article 20

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 , also informing the public concerned .

Article 21

Changes by operators to installations

1. Member States shall take the necessary measures to ensure that the operator informs the competent authority of any planned change in the nature or functioning, or an extension of the installation which may have consequences for the environment. Where appropriate, the competent authority shall update the permit.

2. Member States shall take the necessary measures 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 shall cover those parts of the installation and those details listed in Article 13 which may be affected by the substantial change.

3. Any change in the nature or functioning or an extension of an installation shall be deemed to be substantial if the change or extension in itself reaches the capacity thresholds set out in Annex I.

Article 22

Reconsideration and updating of permit conditions by the competent authority

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

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

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

4. The permit conditions shall be 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) significant changes in the best available techniques allow for the significant reduction of emissions;

(c) the operational safety requires other techniques to be used;

(d) where needed for compliance with Directive 2001/81/EC or with an environmental quality standard in accordance with Article 19.

Article 23

Site closure and remediation

1. Without prejudice to Directive 2004/35/CE , to Directive 2006/118/EC of the European Parliament and of the Council of 12 December 2006 on the protection of groundwater against pollution and deterioration (31), to Directive 2008/99/EC of the European Parliament and of the Council of 19 November 2008 on the protection of the environment through criminal law (32) and to Directive 2009/…/EC of the European Parliament and of the Council of … establishing a framework for the protection of soil (33) (34) 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 significant amounts of relevant 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 with regard to significant amounts of relevant dangerous substances .

The Commission shall establish the general 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 inform the competent authority and 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.

Article 24

Comparison of emissions with best available techniques associated emission levels

The relevant data on compliance with the permit conditions referred to in point (1) of Article 8 shall include a comparison between the ▐ emissions and the best available techniques associated emissions levels as described in the BAT reference documents. That relevant data shall be made accessible on the internet without delay.

Article 25

Inspections

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

That system shall include on site inspections.

Member States shall ensure that operators afford the competent authorities all necessary assistance to enable those authorities to carry out any on site inspections, to take samples and to gather any information necessary for the performance of their duties for the purposes of this Directive.

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 authorities shall regularly draw up inspection programmes, determining the frequency of site visits for different types of installations.

Member States shall ensure that a sufficient number of skilled persons are available to carry out the inspections.

Those programmes shall include at least one random site visit every 18 months , for each installation . This frequency shall be increased to at least every six months if an inspection has identified a case of non-compliance with the permit conditions.

Where those programmes are based on a systematic appraisal of the environmental risks of the particular installations concerned , the frequency of site visits may be lowered to a minimum of one every 24 months .

The systematic appraisal of the environmental risks shall be based on objective criteria such as:

(a) the record of the operators’ compliance with the conditions of the permit;

(b) the impacts of the installation on the environment and human health;

(c) the participation of the operator in the Community eco-management and audit scheme (EMAS), pursuant to Regulation (EC) No 761/2001 (35), or the implementation of equivalent eco-management systems.

The Commission may establish further 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 random inspections shall be carried out to investigate serious and qualified environmental complaints, serious environmental accidents, incidents and occurrences of non-compliance or facts that seriously affect human health as soon as possible and, where appropriate, before the issue, reconsideration or update of a permit.

When carrying out such a non-routine inspection, the competent authorities may require operators to provide information in order to investigate the content of an accident, incident or occurrence of non-compliance, including health statistics.

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 within two months. The report shall be made publicly available on the internet by the competent authority within four 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.

Article 26

Access to information and public participation in the permit procedure

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

(a) issuing of a permit for new installations;

(b) issuing of a permit for any substantial change;

(c) updating of a permit or permit conditions for an installation in accordance with point (a) of Article 22(4).

(d) updating a permit or permit conditions for an installation where a derogation is to be granted in accordance with Article 16(3).

The procedure set out in Annex IV shall apply to such participation.

Non-governmental organisations promoting environmental protection and meeting the requirements of any relevant national law shall be deemed to have an interest.

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2. When a decision on granting, reconsideration or updating of a permit ▐ has been taken, the competent authority shall inform the public and shall make available to the public without delay the following information:

(a) the content of the decision, including a copy of the permit and any subsequent updates;

(b) the reasons on which the decision is based;

(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 permit conditions referred to in Article 15 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 specific reasons for that derogation based on the criteria laid down in that paragraph and the conditions imposed;

(g) the result of the reconsideration ▐ of permits as referred to in Article 22(1), (3) and (4);

(h) the results of monitoring of releases as required under the permit conditions and held by the competent authority.

Member States shall ensure that the information referred to in points (a) to (g) is made available on the internet without delay.

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 European Parliament and of the Council of 28 January 2003 on public access to environmental information (36).

Article 27

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 a sufficient interest;

(b) they maintain the impairment of a right, where administrative procedural law of a Member State requires this as a precondition.

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 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 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 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. Member States shall ensure that practical information is made available to the public on access to administrative and judicial review procedures.

Article 28

Transboundary effects

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 21(2) was submitted shall forward to the other Member State any information required to be given or made available pursuant to Annex IV at the same time as it makes it available to 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.

2. Within the framework of their bilateral relations, Member States shall 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.

3. The results of any consultations pursuant to paragraphs 1 and 2 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 26(2). 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.

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Article 29

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 ▐ the following criteria :

(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).

CHAPTER III

Special provisions for combustion plants

Article 30

Scope

This Chapter shall apply to combustion plants designed for production of energy, the rated thermal input of which is equal to or greater than 50 MW, irrespective of the type of fuel used.

This Chapter shall not apply to the following combustion plants:

(a) plants in which the products of combustion are used for the direct heating, drying, or any other treatment of objects or materials;

(b) post-combustion plants designed to purify the waste gases by combustion which are not operated as independent combustion plants;

(c) facilities for the regeneration of catalytic cracking catalysts;

(d) facilities for the conversion of hydrogen sulphide into sulphur;

(e) reactors used in the chemical industry;

(f) coke battery furnaces;

(g) cowpers;

(h) any technical apparatus used in the propulsion of a vehicle, ship or aircraft;

(i) gas turbines used on offshore platforms;

(j) plants which use any solid or liquid waste as a fuel other than waste referred to in point (a) of Article 37(2).

Articles 31, 32 and 35 shall not apply to combustion installations when these are covered by a sector-specific BAT reference document and when they are excluded from the scope of the Large Combustion Plant BAT reference document.

Article 31

Aggregation rules

1. Where the waste gases of two or more separate combustion plants are discharged through a common stack, the combination formed by such plants shall be considered as a single combustion plant and their capacities added.

2. Where two or more separate combustion plants which have been granted a permit or have submitted a complete application after the date referred to in Article 72(2) are installed in such a way that, taking technical and economic factors into account, their waste gases could be discharged through a common stack, the combination formed by such plants shall be considered as a single combustion plant and their capacities added.

Article 32

Emission limit values

1. Waste gases from combustion plants shall be discharged in a controlled way by means of a stack, containing one or more flues, the height of which is calculated in such a way as to safeguard human health and the environment.

2. All permits for installations containing combustion plants which have been granted a permit or have submitted a complete application before the date referred to in Article 72(2) provided that such plant is put into operation no later than one year after that date shall include conditions ensuring that emissions to air from these plants do not exceed the emission limit values laid down in Part 1 of Annex V.

3. All permits for installations containing combustion plants not covered by paragraph 2 shall include conditions ensuring that emissions to the air from these plants do not exceed the emission limit values laid down in Part 2 of Annex V.

4. The competent authority may grant a derogation for a maximum of six months from the obligation to comply with the emission limit values provided for in paragraphs 2 and 3 for sulphur dioxide in respect of a combustion plant which to this end normally uses low-sulphur fuel, in cases where the operator is unable to comply with those limit values because of an interruption in the supply of low-sulphur fuel resulting from a serious shortage.

Member States shall immediately inform the Commission of any derogation granted under the first subparagraph.

5. The competent authority may grant a derogation from the obligation to comply with the emission limit values provided for in paragraphs 2 and 3 in cases where a combustion plant using only gaseous fuel has to resort exceptionally to the use of other fuels because of a sudden interruption in the supply of gas and for this reason would need to be equipped with a waste gas purification facility. The period for which such a derogation is granted shall not exceed 10 days except where there is an overriding need to maintain energy supplies.

The operator shall immediately inform the competent authority of each specific case referred to in the first subparagraph.

Member States shall inform the Commission immediately of any derogation granted under the first subparagraph.

6. Where a combustion plant is extended by at least 20 MW , the emission limit values specified in part 2 of Annex V shall apply to the part of the plant affected by the change and shall be set in relation to the rated thermal input of the entire combustion plant.

Article 33

Malfunction or breakdown of the abatement equipment

1. Member States shall ensure that provision is made in the permits for procedures relating to malfunction or breakdown of the abatement equipment.

2. In the case of a breakdown the competent authority shall require the operator to reduce or close down operations if a return to normal operation is not achieved within 24 hours, or to operate the plant using low polluting fuels.

The operator shall notify the competent authority within 48 hours after the malfunction or breakdown of the abatement equipment.

The cumulative duration of unabated operation shall not exceed 120 hours in any 12-month period.

The competent authority may grant a derogation from the time limits set out in the first and third subparagraphs in one of the following cases:

(a) there is an overriding need to maintain energy supplies,

(b) the combustion plant with the breakdown would be replaced for a limited period by another plant which would cause an overall increase in emissions.

Article 34

Monitoring of emissions into air

1. Member States shall ensure that the monitoring of air polluting substances is carried out in accordance with Part 3 of Annex V. Member States may require that such monitoring be carried out at the operator's expense.

2. The installation and functioning of the automated monitoring equipment shall be subject to control and to annual surveillance tests as set out in Part 3 of Annex V.

3. The competent authority shall determine the location of the sampling or measurement points to be used for monitoring of emissions.

4. All monitoring results shall be recorded, processed and presented in a way as to enable the competent authority to verify compliance with the operating conditions and emission limit values which are included in the permit.

Article 35

Compliance with emission limit values

The emission limit values for air shall be regarded as being complied with if the conditions set out in Part 4 of Annex V are fulfilled.

Article 36

Multi-fuel firing combustion plants

1. In the case of a multi- fuel firing combustion plant involving the simultaneous use of two or more fuels, the competent authority shall set the emission limit values in accordance with the following steps:

(a) take the emission limit value relevant for each individual fuel and pollutant corresponding to the rated thermal input of the entire combustion plant as set out in Parts 1 and 2 of Annex V,

(b) determine fuel-weighted emission limit values, which are obtained by multiplying the individual emission limit value referred to in point (a) by the thermal input delivered by each fuel, and dividing the product of multiplication by the sum of the thermal inputs delivered by all fuels,

(c) aggregate the fuel-weighted emissions limit values.

2. In the case of multi- fuel firing combustion plants using the distillation and conversion residues from refining of crude-oil for own consumption, alone or with other fuels, the Commission may amend paragraph 1 to set an average emission limit value for sulphur dioxide covering all such plants with a rated thermal input of 50 MW or more.

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

CHAPTER IV

Special provisions for waste incineration plants and waste co-incineration plants

Article 37

Scope

1. This Chapter shall apply to waste incineration plants and waste co-incineration plants which incinerate or co-incinerate solid or liquid waste.

For the purposes of this Chapter waste incineration plants and waste co-incineration plants shall include all incineration lines or co-incineration lines, waste reception, storage, on site pretreatment facilities, waste-fuel and air-supply systems, boiler, facilities for the treatment of waste gases, on-site facilities for treatment or storage of residues and waste water, stack, devices and systems for controlling incineration or co-incineration operations, recording and monitoring incineration or co-incineration conditions.

If co-incineration takes place in such a way that the main purpose of the plant is ║ the thermal treatment of waste rather than the generation of energy or production of material products, the plant shall be regarded as a waste incineration plant.

2. This Chapter shall not apply to the following plants:

(a) plants treating only the following wastes: (i) waste listed in point (b) of Article 3(22), (ii) radioactive waste, (iii) animal carcasses as regulated by Regulation (EC) No 1774/2002 of the European Parliament and of the Council of 3 October 2002 laying down health rules concerning animal by-products not intended for human consumption (37); (iv) waste resulting from the exploration for, and the exploitation of, oil and gas resources from off-shore installations and incinerated on board the installations;

(b) experimental plants used for research, development and testing in order to improve the incineration process and which treat less than 50 tonnes of waste per year.

Article 38

Applications for permits

An application for a permit for a waste incineration plant or waste co-incineration plant shall include a description of the measures which are envisaged to guarantee that the following requirements are met:

(a) the plant is designed, equipped and will be maintained and operated in such a manner that the requirements of this Chapter are met taking into account the categories of waste to be incinerated or co-incinerated;

(b) the heat generated during the incineration and co-incineration process is recovered as far as practicable through the generation of heat, steam or power;

(c) the residues will be minimised in their amount and harmfulness and recycled where appropriate;

(d) the disposal of the residues which cannot be prevented, reduced or recycled will be carried out in conformity with national and Community legislation.

Article 39

Permit conditions

1. The permit shall include the following:

(a) a list of all categories of waste which may be treated using at least the categories of waste set up in the European Waste List established by Commission Decision 2000/532/EC, and containing information on the quantity of each category of waste, where appropriate;

(b) the total waste incinerating or co-incinerating capacity of the plant;

(c) the limit values for emissions to air and water;

(d) the requirements for the pH, temperature and flow of waste water discharges;

(e) the sampling and measurement procedures and frequencies to be used to comply with the conditions set for emission monitoring;

(f) the maximum permissible period of any technically unavoidable stoppages, disturbances, or failures of the purification devices or the measurement devices, during which the emissions into the air and the discharges of waste water may exceed the prescribed emission limit values.

2. In addition to the requirements set out in paragraph 1, the permit granted to a waste incineration plant or waste co-incineration plant using hazardous waste shall include the following:

(a) a list of the quantities of the different categories of hazardous waste which may be treated;

(b) the minimum and maximum mass flows of those hazardous wastes, their lowest and maximum calorific values and their maximum contents of PCB, PCP, chlorine, fluorine, sulphur, heavy metals and other polluting substances.

3. Member States may list the categories of waste to be included in the permit which can be co-incinerated in certain categories of waste co-incineration plants.

4. The competent authority shall periodically reconsider and, where necessary, update permit conditions.

Article 40

Control of emissions

1. Waste gases from waste incineration plants and waste co-incineration plants shall be discharged in a controlled way by means of a stack the height of which is calculated in such a way as to safeguard human health and the environment.

2. Emissions to air from waste incineration plants and waste co-incineration plants shall not exceed the emission limit values set out in parts 3 and 4 of Annex VI or determined in accordance with part 4 of that Annex.

If in a waste co-incineration plant more than 40 % of the resulting heat release comes from hazardous waste, or the plant co-incinerates untreated mixed municipal waste, the emission limit values set out in Part 3 of Annex VI shall apply.

3. Discharges to the aquatic environment of waste water resulting from the cleaning of waste gases shall be limited as far as practicable and the concentrations of polluting substances shall not exceed the emission limit values set out in Part 5 of Annex VI.

4. The emission limit values shall apply at the point where waste waters from the cleaning of waste gases are discharged from the waste incineration plant or waste co-incineration plant.

When waste waters from the cleaning of waste gases are treated outside the waste incineration plant or waste co-incineration plant at a treatment plant intended only for the treatment of this sort of waste water, the emission limit values set out in Part 5 of Annex VI shall be applied at the point where the waste waters leave the treatment plant. Where the waste water from the cleaning of waste gases is treated collectively with other sources of waste water, either on site or off site, the operator shall make the appropriate mass balance calculations, using the results of the measurements set out in point 2 of Part 6 of Annex VI in order to determine the emission levels in the final waste water discharge that can be attributed to the waste water arising from the cleaning of waste gases.

Under no circumstances shall dilution of waste water take place for the purpose of complying with the emission limit values set out in Part 5 of Annex VI.

5. Waste incineration plant sites and waste co-incineration plant sites, including associated storage areas for waste, shall be designed and operated in such a way as to prevent the unauthorised and accidental release of any polluting substances into soil, surface water and groundwater.

Storage capacity shall be provided for contaminated rainwater run-off from the waste incineration plant site or waste co-incineration plant site or for contaminated water arising from spillage or fire-fighting operations. The storage capacity shall be adequate to ensure that such waters can be tested and treated before discharge where necessary.

6. Without prejudice to Article 44(4)(c), the waste incineration plant or waste co-incineration plant or individual furnaces being part of a waste incineration plant or waste co-incineration plant shall under no circumstances continue to incinerate waste for a period of more than four hours uninterrupted where emission limit values are exceeded.

The cumulative duration of operation in such conditions over one year shall not exceed 60 hours.

The time limit set out in the second subparagraph shall apply to those furnaces which are linked to one single waste gas cleaning device.

Article 41

Breakdown

In the case of a breakdown, the operator shall reduce or close down operations as soon as practicable until normal operations can be restored.

Article 42

Monitoring of emissions

1. Member States shall ensure that the monitoring of emissions is carried out in accordance with Parts 6 and 7 of Annex VI.

2. The installation and functioning of the automated measuring systems shall be subject to control and to annual surveillance tests as set out in point 1 of Part 6 of Annex VI.

3. The competent authority shall determine the location of the sampling or measurement points to be used for monitoring of emissions.

4. All monitoring results shall be recorded, processed and presented in such a way as to enable the competent authority to verify compliance with the operating conditions and emission limit values which are included in the permit.

5. The Commission shall, as soon as appropriate measurement techniques are available within the Community, set the date from which continuous measurements of the emissions to air of heavy metals and dioxins and furans shall be carried out.

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 43

Compliance with emission limit values

The emission limit values for air and water shall be regarded as being complied with if the conditions described in Part 8 of Annex VI are fulfilled.

Article 44

Operating conditions

1. Waste incineration plants shall be operated in such a way ║ as to achieve a level of incineration such that the total organic carbon content of slag and bottom ashes is less than 3 % or their loss on ignition is less than 5 % of the dry weight of the material. If necessary, waste pre-treatment techniques shall be used.

2. Waste incineration plants and waste co-incineration plants shall be designed, equipped, built and operated in such a way that the gas resulting from the incineration or co-incineration of waste is raised, after the last injection of combustion air, in a controlled and homogeneous fashion and even under the most unfavourable conditions, to a temperature of at least 850 °C for at least two seconds.

If hazardous waste with a content of more than 1 % of halogenated organic substances, expressed as chlorine, is incinerated or co-incinerated, the temperature required to comply with the first subparagraph shall be at least 1 100°C.

In waste incineration plants, the temperatures set out in the first and second subparagraphs shall be measured near the inner wall of the combustion chamber. The competent authority may authorise the measurements at another representative point of the combustion chamber.

3. Each combustion chamber of a waste incineration plant shall be equipped with at least one auxiliary burner. This burner shall be switched on automatically when the temperature of the combustion gases after the last injection of combustion air falls below the temperatures set out in paragraph 2. It shall also be used during plant start-up and shut-down operations in order to ensure that those temperatures are maintained at all times during these operations and as long as unburned waste is in the combustion chamber.

The auxiliary burner shall not be fed with fuels which can cause higher emissions than those resulting from the burning of gasoil as defined in Article 1(1) of Council Directive 93/12/EEC of 23 March 1993 relating to the sulphur content of certain liquid fuels (38), liquefied gas or natural gas.

4. Waste incineration plants and waste co-incineration plants shall operate an automatic system to prevent waste feed in the following situations:

(a) at start-up, until the temperature set out in paragraph 2 or the temperature specified according to Article 45(1) has been reached;

(b) whenever the temperature set out in paragraph 2 or the temperature specified according to Article 45(1) is not maintained;

(c) whenever the continuous measurements show that any emission limit value is exceeded due to disturbances or failures of the waste gas cleaning devices.

5. Any heat generated by waste incineration plants or waste co-incineration plants shall be recovered as far as practicable.

6. Infectious clinical waste shall be placed straight in the furnace, without first being mixed with other categories of waste and without direct handling.

7. Member States shall ensure that the waste incineration plant or waste co-incineration plant is operated and controlled by a natural person who is competent to manage the plant.

Article 45

Authorisation to change operation conditions

1. Conditions different from those laid down in paragraphs 1, 2 and 3 of Article 44 and, as regards the temperature, paragraph 4 of that Article and specified in the permit for certain categories of waste or for certain thermal processes may be authorised by the competent authority, provided the other requirements of this Chapter are met. Member States may lay down rules governing these authorisations.

2. For waste incineration plants, the change of the operational conditions shall not cause more residues or residues with a higher content of organic polluting substances compared to those residues which could be expected under the conditions laid down in paragraphs 1, 2 and 3 of Article 44.

3. Waste co-incineration plants, authorised to change operational conditions according to paragraph 1 shall comply with at least the emission limit values set out in Part 3 of Annex VI for total organic carbon and CO.

Boilers within the pulp and paper industry co-incinerating bark waste at the place of its production which were in operation and had a permit before 28 December 2002 and which are authorised to change operational conditions according to paragraph 1 shall comply with, at least the emission limit values set out in Part 3 of Annex VI for total organic carbon

4. Member States shall communicate to the Commission all operating conditions authorised under paragraphs 1, 2 and 3 and the results of verifications made as part of the information provided in accordance with the reporting requirements under Article 66.

Article 46

Delivery and reception of waste

1. The operator of the waste incineration plant or waste co-incineration plant shall take all necessary precautions concerning the delivery and reception of waste in order to prevent or to limit as far as practicable the pollution of air, soil, surface water and groundwater as well as other negative effects on the environment, odours and noise, and direct risks to human health.

2. The operator shall determine the mass of each category of waste, according to the European Waste List established by Commission Decision 2000/532/EC, prior to accepting the waste at the waste incineration plant or waste co-incineration plant.

3. Prior to accepting hazardous waste at the waste incineration plant or waste co-incineration plant, the operator shall collect available information about the waste for the purpose of verifying compliance with the permit requirements specified in Article 39(2).

That information shall cover the following:

(a) all the administrative information on the generating process contained in the documents mentioned in paragraph 4(a);

(b) the physical, and as far as practicable, chemical composition of the waste and all other information necessary to evaluate its suitability for the intended incineration process;

(c) the hazardous characteristics of the waste, the substances with which it cannot be mixed, and the precautions to be taken in handling the waste.

4. Prior to accepting hazardous waste at the waste incineration plant or waste co-incineration plant, at least the following procedures shall be carried out by the operator:

(a) the checking of the documents required by Directive 2008/98/EC and, where applicable, those required by Council Regulation (EEC) No 259/93 of 1 February 1993 on the supervision and control of shipments of waste within, into and out of the European Community (39) and by legislation on transport of dangerous goods;

(b) the taking of representative samples, unless inappropriate as far as possible before unloading, to verify conformity with the information provided for in paragraph 3 by carrying out controls and to enable the competent authorities to identify the nature of the wastes treated.

The samples referred to in point (b) shall be kept for at least one month after the incineration or co-incineration of the waste concerned.

5. The competent authority may grant exemptions from paragraphs 2, 3 and 4 to waste incineration plants or waste co-incineration plants which are a part of an installation covered by Chapter II and only incinerate or co-incinerate waste generated within that installation.

Article 47

Residues

1. Residues shall be minimised in their amount and harmfulness. Residues shall be recycled, where appropriate, directly in the plant or outside.

2. Transport and intermediate storage of dry residues in the form of dust shall take place in such a way as to prevent dispersal of those residues in the environment.

3. Prior to determining the routes for the disposal or recycling of the residues, appropriate tests shall be carried out to establish the physical and chemical characteristics and the polluting potential of the residues. Those tests shall concern the total soluble fraction and heavy metals soluble fraction.

Article 48

Substantial change

A change of operation of a waste incineration plant or a waste co-incineration plant treating only non-hazardous waste in an installation covered by Chapter II which involves the incineration or co-incineration of hazardous waste shall be regarded as a substantial change.

Article 49

Reporting and public information on waste incineration plants and waste co-incineration plants

1. Applications for new permits for waste incineration plants and waste co-incineration plants shall be made available to the public at one or more locations for an appropriate period to enable the public to comment on the applications before the competent authority reaches a decision. That decision, including at least a copy of the permit, and any subsequent updates, shall also be made available to the public.

2. For waste incineration plants or waste co-incineration plants with a nominal capacity of two tonnes or more per hour the report referred to in Article 66 shall include information on the functioning and monitoring of the plant and give account of the running of the incineration or co-incineration process and the level of emissions into air and water in comparison with the emission limit values. That information shall be made available to the public.

3. A list of waste incineration plants or waste co-incineration plants with a nominal capacity of less than two tonnes per hour shall be drawn up by the competent authority and shall be made available to the public.

CHAPTER V

Special provisions for installations and activities using organic solvents

Article 50

Scope

This Chapter shall apply to activities listed in Part 1 of Annex VII and, where applicable, reaching the consumption thresholds set out in Part 2 of that Annex.

Article 51

Definitions

For the purposes of this Chapter, the following definitions shall apply:

(1) ‘existing installation’ means an installation in operation which has been granted a permit before 1 April 2001 or has submitted a complete application for a permit before 1 April 2001 provided that that installation was put in operation no later than 1 April 2002;

(2) ‘waste gases’ means the final gaseous discharge containing volatile organic compounds or other pollutants from a stack or abatement equipment into air;

(3) ‘fugitive emissions’ means any emissions not in waste gases of volatile organic compounds into air, soil and water as well as solvents contained in any products, unless otherwise stated in Part 2 of Annex VII.;

(4) ‘total emissions’ means the sum of fugitive emissions and emissions in waste gases;

(5) ‘mixture’ means mixture as defined in paragraph 2 of Article 3 of Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and restriction of Chemicals (REACH) (40),

(6) ‘adhesive’ means any mixture, including all the organic solvents or mixtures containing organic solvents necessary for its proper application, which is used to adhere separate parts of a product;

(7) ‘ink’ means a mixture, including all the organic solvents or mixtures containing organic solvents necessary for its proper application, which is used in a printing activity to impress text or images on to a surface;

(8) ‘varnish’ means a transparent coating;

(9) ‘consumption’ means the total input of organic solvents into an installation per calendar year, or any other 12-month period, less any volatile organic compounds that are recovered for reuse;

(10) ‘input’ means the quantity of organic solvents and their quantity in mixtures used when carrying out an activity, including the solvents recycled inside and outside the installation, and which are counted every time they are used to carry out the activity;

(11) ‘reuse’ means the use of organic solvents recovered from an installation for any technical or commercial purpose and including use as a fuel but excluding the final disposal of such recovered organic solvent as waste;

(12) ‘contained conditions’ means conditions under which an installation is operated so that the volatile organic compounds released from the activity are collected and discharged in a controlled way either via a stack or abatement equipment and are therefore not entirely fugitive;

(13) ‘start-up and shut-down operations’ means operations excluding regularly oscillating activity phases whilst bringing an activity, an equipment item or a tank into or out of service or into or out of an idling state,

Article 52

Substitution of hazardous substances

Substances or mixtures which, because of their content of volatile organic compounds, are classified as carcinogens, mutagens, or toxic to reproduction under Directive 67/548/EEC, are assigned or need to carry the risk phrases R45, R46, R49, R60 or R61, shall be replaced, as far as possible by less harmful substances or mixtures within the shortest possible time.

Article 53

Control of emissions

1. Member States shall take the necessary measures to ensure either of the following:

(a) the emission of volatile organic compounds from installations shall not exceed the emission limit values in waste gases and the fugitive emission limit values, or the total emission limit values, and other requirements laid down in Parts 2 and 3 of Annex VII are complied with;

(b) installations comply with the requirements of the reduction scheme set out in Part 5 of Annex VII provided that an equivalent emission reduction is achieved compared to that achieved through the application of the emission limit values referred to in point (a).

Member States shall report to the Commission in accordance with Article 66(1) on the progress in achieving the equivalent emission reduction referred to in point (b).

2. By derogation from point (a) of paragraph 1, where the operator demonstrates to the competent authority that for an individual installation the emission limit value for fugitive emissions is not technically and economically feasible, the competent authority may allow emissions to exceed that emission limit value provided that significant risks to human health or the environment are not to be expected and that the operator demonstrates to the competent authority that the best available techniques are being used;

3. By derogation from paragraph 1, for coating activities covered by item 8 of the Table in Part 2 of Annex VII which cannot be carried out under contained conditions, the competent authority may allow the emissions of the installation not to comply with the requirements set out in that paragraph if the operator demonstrates to the competent authority that such compliance is not technically and economically feasible and that the best available techniques are being used.

4. Member States shall report to the Commission on the derogations referred to in paragraphs 2 and 3 in accordance with Article 66(2).

5. The emissions of volatile organic compounds which are assigned or need to carry the risk phrases R40, R45, R46, R49, R60, R61 or R68 shall be controlled under contained conditions as far as technically and economically feasible to safeguard public health and the environment and shall not exceed the emission limit values set out in Part 4 of Annex VII.

6. Installations where two or more activities are carried out, each of which exceeds the thresholds in Part 2 of Annex VII shall:

(a) as regards the substances specified in paragraph 5, meet the requirements of that paragraph for each activity individually;

(b) as regards all other substances, either: (i) meet the requirements of paragraph 1 for each activity individually; or (ii) have total emissions of volatile organic compounds not exceeding those which would have resulted had point (i) been applied.

7. All appropriate precautions shall be taken to minimise emissions of volatile organic compounds during start-up and shut-down operations.

Article 54

Monitoring of emissions

Member States shall, either by specification in the conditions of the permit or by general binding rules, ensure that measurements of emissions are carried out in accordance with Part 6 of Annex VII.

Article 55

Compliance with emission limit values

The emission limit values in waste gases shall be regarded as being complied with if the conditions set out in Part 8 of Annex VII are fulfilled.

Article 56

Reporting on compliance

The report on compliance referred to in paragraph 1 of Article 8 shall demonstrate compliance with either of the following:

(a) emission limit values in waste gases, fugitive emission limit values and total emission limit values;

(b) the requirements of the reduction scheme under Part 5 of Annex VII;

(c) the derogations granted in accordance with paragraphs 2 and 3 of Article 53

The report on compliance may include a solvent management plan prepared in accordance with Part 7 of Annex VII.

Article 57

Substantial change to existing installations

1. A change of the maximum mass input of organic solvents by an existing installation averaged over one day, if the installation is operated at its design output under conditions other than start-up and shut-down operations and maintenance of equipment, shall be considered as substantial if it leads to an increase of emissions of volatile organic compounds of more than:

— 25 % for an installation having activities