Re-examined proposal for a COUNCIL DIRECTIVE on integrated pollution prevention and control
Date: 1996-06-24
Institutions: European Commission
Subjects: EU policy, environmental protection, pollution control measures, prevention of pollution, public health

**•$= 

COMMISSION  OF THE  EUROPEAN  COMMUNITIES 

Brussels,  24.06.1996 
COM(%)  306 final  - SYN  526 

Re-examined  proposal  for  a 

COUNCIL  DIRECTIVE 

on integrated pollution prevention and control 

(presented  by  the Commission  pursuant  to  Article  189 c (d) 
of the EC  Treaty) 

EXPLANATORY  MEMORANDUM 

On  14 September  1993 the  Commission  adopted  a  "Proposal  for  a Council  Directive  on  Integrated 
Pollution  Prevention  and  Control".(l)  OJ  C311,  17.11.93 

The Economic  and  Social  Committee  delivered  its opinion  on 27 April  1994. (2) OJ CI95,  18.7.94 

The  European  Parliament  delivered  its  opinion  at first reading  on  14 December  1994. (3)  OJ  CI8, 
23.1.95 

On  15 May  1995  the  Commission  adopted  an  amended  proposal  under  Article  189a(2) of  the  EC 
Treaty, incorporating a number of the amendments proposed by the European Parliament. (4) OJ C165, 
1.7.95 

On  27  November  1995  the  Council  adopted  a  common  position  on  the  Commission's  amended 
proposal.  (5)  OJ C87, 25.3.96 

The European Parliament examined the Council's common position at second reading on 22 May 1996 
and  approved  it  subject  to 31 proposed  amendments. 

The  Commission  has  examined  the  amendments  proposed  by  the  European  Parliament  at  second 
reading,  incorporating  a  number  of them  into the present reexamined  proposal. 

The  Commission's  position  on  the  amendments  approved  by  Parliament  at  second  reading  is  as 
follows. 

Amendments  accepted  by the  Commission 

Amendment  14 on Article 2(11) on definition  of "best" in the concept of "best available techniques" 
deletes  a superfluous  phrase. 

Amendments  16  and  17  (article  3  paragraphs  (b)  and  (f))  clarify  the  obligations  of  the  operator 
regarding  pollution  control  and  on  cessation  of  activities.  Respect  for  human  health  was  already 
implicit by virtue of its inclusion in the directive's definition of pollution, but a slightly modified  form 
Parliament's  proposal  is  included  to make this  explicit. 

amendments  18 and 21 (article 6(1), first indent and new 2nd subparagraph respectively) make more 
explicit  the  information  which  must  be  included  in  the  permit  application.  The  first  is  a  minor 
modification,  but the  second  is a useful  provision  regarding  a non-technical  summary  of the  rest  of 
the  information  provided  which  will  increase  accessibility  to the  public  and therefore  transparency. 

Amendment  28  (article  13(1)) relates to the periodicity  of permit review.  The Commission  accepts 
the principle of Parliament's amendment that a maximum period between revisions should be specified. 
However five years is too short and the Commission therefore reverts to its original proposal of a ten-
year  review  period. 

Amendment  30 (article  15(1) first subparagraph)  relates to the public  information  provisions  of the 
directive.  The Commission  accepts the tie-in with the EIA Directive proposed by Parliament with a 

slightly  modified  wording to take  account  of the  specific  provisions  of that  Directive. 

Amendment  39 (Annex  I point 3.5)  relates to the ceramic  industry.  Part of this  amendment  simply 
corrects translation errors.  The significant  part is the phrase "setting density per kiln".  This  reflects 
the fact that setting density, being a measurement of density, is kiln-specific  and cannot be aggregated 
for  the  installation  as a whole. 

Amendment  42  (Annex  I  point  6.7)  relates  to  solvent  using  industries.  The  text  proposed  in  the 
reexamined proposal has the same effect  as that proposed by Parliament, and aligns the IPPC text with 
the threshold criterion the Commission proposes to use in its forthcoming  proposal for the control  of 
VOC  emissions  from  certain  stationary  sources. 

Amendments  not  accepted  by the  Commission 

A  group  of  7  amendments  -  4,5,8,15,24,49  and  52  -  cannot  be  accepted  because  they  would 
fundamentally  distort  the  integrated  approach.  The  obligation  to  consider  local  environmental 
conditions, which would be removed by amendments 4, 5 and 24, is essential to produce the optimised 
pollution  control  solution which  is the goal of the Directive.  Incorporation  of the principle  of costs 
and advantages in the definition  of BAT, which would be deleted or distorted by amendments 49 and 
52, is also essential, as that definition  determines the level of effort  under the Directive, and without 
the reference to costs and benefits there would be no proportionality to the controls.  Moreover every 
Member  State  makes  this  balance  in  practice  in  setting  its  own  controls,  and  it  is  reasonable  to 
recognise this at Community level also. Mandating the Commission to produce uniform emission limit 
value  directives  in  every  case, which  would  be the  effect  of  amendment  8, would  again  distort  the 
potential  for  local  optimisation,  although  the  Commission  will  propose  such  directives  where 
necessary. 

The remaining 15 amendments - 2,7,10,19,20,22,32,33,34,35,37,44,46,54,57  - proposed a large number 
of small drafting  changes.  These are not included because they are already reflected  elsewhere  in the 
Common Position, or because they are out of keeping with the proposal for legal or technical reasons. 

In accordance  with  Article  189C(d) of the EC Treaty, the Commission  modifies  as follows  the text 
of the  Common  Position  on  its proposal  concerning  integrated  pollution  prevention  and  control,  in 
order to  include the accepted  amendments  in the Common  Position. 

REEXAMINED  PROPOSAL FOR A 

COUNCIL DIRECTIVE 

on  integrated  pollution  prevention  and  control 

COMMON  POSITION 

AMENDED  TEXT 

Citations 

Recitals 

Article 1 

Article 2ri 1> first subparagraph 

Unchanged 

Unchanged 

Unchanged 

in 

and 

stage 

indicate 

"best available techniques" shall mean the most 
the 
advanced 
effective 
development of activities and their methods of 
the  practical 
operation  which 
suitability  of  particular 
for 
providing  in  principle  the  basis  for  emission 
limit  values  designed  to  prevent,  and  where 
that  is  not  practicable,  generally  to  reduce 
emissions  and  the  impact  on  the  environment 
as a whole. 

techniques 

in 

and 

stage 

"best available techniques shall mean the most 
the 
advanced 
effective 
development of activities and their methods of 
the  practical 
operation  which 
suitability  of  particular 
for 
providing  the  basis  for  emission  limit  values 
designed  to  prevent  and,  where  that  is  not 
practicable, generally to reduce emissions and 
the  impact  on the environment  as a whole. 

techniques 

indicate 

Article 3(b) 

(b) no  significant  pollution  is  caused; 

Article  3ffl 

(f)  the  necessary  measures  are  taken  upon 
definitive  cessation  of  activities  to  avoid  any 
pollution  risk  and  return  the  site  of  operation 
to a satisfactory  state. 

Article  4 

Article 5 

Article  6(1), first indent 

-  the  installation  and  its activities; 

(b)  no  significant  pollution, 
particular harm to human health, is caused; 

including  in 

(f)  the  necessary  measures  are  taken  upon 
significant  cessation  of activities to avoid  any 
pollution  risk,  including  in  particular  risk  to 
human  health, and  return  the  site of  operation 
to a satisfactory  state. 

Unchanged 

Unchanged 

-  the  installation  and  the  nature  and  extent  of 
its activities; 

Article  6(1), 2nd subparagraph (new) 

An  application  for  a permit  shall  also  include 
a non-technical summary of the details referred 
to in the above indents. 

Unchanged 

Unchanged 

Unchanged 

Unchanged 

Unchanged 

Unchanged 

Article 7 

Article 8 

Article 9 

Article  10 

Article  11 

Article  12 

Article  13(1) 

take 

Member  States  shall 
the  necessary 
measures  to  ensure that  competent  authorities 
periodically  reconsider  and  where  necessary 
update  permit  conditions. 

take 

Member  States  shall 
the  necessary 
measure  to  ensure  that  competent  authorities 
periodically,  and  at  the  latest  ten  years  from 
the start-up of the operation, and at least once 
every  ten  years  thereafter,  reconsider  and 
where  necessary  update  permit  conditions. 
Where  a  permit  is  updated  for  one  of  the 
reasons  set  out  in  paragraph  2.  the  ten-year 
period  shall  run from the date of the  updating 
of the  permit. 

Article  14 

Unchanged 

Article  15(1). first subparagraph 

take 

1.  Without  prejudice  to  Council  Directive 
90/313/EEC of 7 June  1990 on the freedom  of 
access  to  information  on  the  environment, 
Member  States  shall 
the  necessary 
measures to ensure that applications for permits 
for new installations or for substantial changes 
are made available for an appropriate period of 
time to the public, to enable it to comment on 
them before the competent authority reaches its 
decision. 

take 

1.  Without  prejudice  to  Council  Directive 
90/313/EEC of 7 June  1990 on the freedom  of 
access  to  information  on  the  environment, 
Member  States  shall 
the  necessary 
measures to ensure that applications for permits 
for new installations or for substantial changes 
are made available for an appropriate period of 
time to the public, together with any relevant 
information  obtained  or  conclusion  arrived  at 
pursuant  to  Articles  5.  6  and  7  of  Directive 
85/337/EEC  where  article  4  of  that  Directive 
applies,  to  enable  it  to  comment  on  them 
before  the  competent  authority  reaches  its 
decision. 

Article  16 

Article  17 

Unchanged 

Unchanged 

s 

Article  IS 

Article 19 

Article  20 

Article 21 

Article  22 

Article  23 

ANNEX  1(3,5) 

Unchanged 

Unchanged 

Unchanged 

Unchanged 

Unchanged 

Unchanged 

3.5 

tiles, 

Installations  for  the  manufacture  of 
ceramic  products  ^ by  burning 
in 
particular 
bricks, 
roofing 
refractory  bricks,  tiles,  stoneware  or 
porcelain,  with  a  production  capacity 
exceeding  75  tonnes  per  day,  and/or 
with  a  kiln  capacity  exceeding  4m3 
and exceeding a loading density of 300 
kg/m3. 

ANNEX  1(6.7) 

6.7 

Installations  for  the  surface  treatment 
of  substances,  objects  or  products 
using organic solvents, in particular for 
dressing, printing, coating, degreasing, 
painting, 
waterproofing, 
cleaning  or 
impregnating,  with  a 
consumption  capacity  of  more  than 
150kg  per  hour  or  more  than  200 
tonnes  per year. 

sizing, 

3.5 

6.7 

Installations  for  the  manufacture  of 
ceramic products by firing in particular 
roofing  tiles, bricks, refractory  bricks, 
tiles,  stoneware  or  porcelain,  with  a 
production  capacity  exceeding  75 
tonnes  per  day,  and/or  with  a  kiln 
capacity  exceeding  4m3  and  with  a 
setting density per kiln  exceeding  300 
kg/m3. 

Installations  for  the  surface  treatment 
of  substances,  objects  or  products 
using organic solvents, in particular for 
dressing, printing, coating, degreasing, 
painting, 
waterproofing, 
cleaning  or 
impregnating,  with  a 
solvent  consumption  of  more  than 
150kg  per  hour  or  more  than  200 
tonnes per  year. 

sizing, 

ANNEX II 

ANNEX  III 

ANNEX  IV 

Unchanged 

Unchanged 

Unchanged 

ISSN 0254-1475 

COM(96) 306  final 

DOCUMENTS 

EN 

14 

Catalogue number  : CB-CO-96-315-EN-C 

ISBN 92-78-05842-4 

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