2003/241/EC: Commission Decision of 26 March 2003 amending Commission Decision 1999/391/EC of 31 May 1999 concerning the questionnaire relating to Council Directive 96/61/EC concerning integrated pollution prevention and control (IPPC) (implementation of Council Directive 91/692/EEC) (Text with EEA relevance) (notified under document number C(2003) 881)
Date: 2003-03-26
Institutions: European Commission
Subjects: exchange of information, form, prevention of pollution

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COMMISSION DECISION

of 26 March 2003

amending Commission Decision 1999/391/EC of 31 May 1999 concerning the questionnaire
relating to Council Directive 96/61/EC concerning integrated pollution prevention and control
(IPPC) (implementation of Council Directive 91/692/EEC)

(notified under document number C(2003) 881)

(Text with EEA relevance)

(2003/241/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

(6)

The measures envisaged by this Decision are in accor-
dance with the opinion expressed by the Committee in
accordance with Article 6 of Directive 91/692/EEC,

HAS ADOPTED THIS DECISION:

Article 1

Commission Decision 1999/391/EC is amended as follows:

The questionnaire
replaced by the questionnaire attached to this Decision.

attached to Decision 1999/391/EC is

Article 2

The Member States shall use this questionnaire as a basis for
drawing up the report to be submitted to the Commission
pursuant to Article 5 of Directive 91/692/EEC and Article
16(3) of Directive 96/61/EC covering the period 2003 to 2005.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 26 March 2003.

For the Commission

Margot WALLSTRÖM

Member of the Commission

Having regard to Council Directive 96/61/EC of 24 September
and
1996
control (1), and in particular Article 16 thereof,

concerning

prevention

integrated

pollution

Having regard to Council Directive 91/692/EEC of 23
December 1991 on standardising and rationalising reports on
relating to the
the implementation of certain Directives
environment (2),

Whereas:

(1)

(2)

(3)

(4)

(5)

Article 16(3) of Directive 96/61/EC requires that reports
on the implementation of the Directive and its effective-
ness compared with other Community environmental
instruments be established in accordance with the proce-
dure laid down in Articles 5 and 6 of Directive 91/692/
EEC.

Article 16(1) of Directive 96/61/EC provides for the inte-
gration of the report on available representative data on
limit values with the general implementation report as
of 2003.

Article 5 of Directive 91/692/EEC requires that
the
report be drawn up on the basis of either a questionnaire
or outline drafted by the Commission with the assistance
of the Committee set up in Article 6 of the Directive.

The first report covered the period 2000 to 2002
inclusive.

The second report will cover the period 2003 to 2005
inclusive.

(1) OJ L 257, 10.10.1996, p. 26.
(2) OJ L 377, 31.12.1991, p. 48.

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ANNEX

QUESTIONNAIRE ON THE IMPLEMENTATION OF DIRECTIVE 96/61/EC CONCERNING INTEGRATED
POLLUTION PREVENTION AND CONTROL (IPPC)

1.

GENERAL DESCRIPTION

1.1. What are the main changes to national legislation and to the licensing system that were necessary in
order to meet the overall aim of achieving integrated prevention and control of pollution arising
from the activities listed in Annex I to the Directive?

2.

COVERAGE OF ACTIVITIES AND INSTALLATIONS

2.1. For each subheading in Annex I (1.1, 2.3(a), 6.4(b) etc.), how many installations fall into the cate-

gories set out below:

— all existing installations within the meaning of Article 2(4), in operation at the end of the reporting

period,

— existing installations for which a substantial change was notified to the competent authority and for

which a permit was granted during the reporting period,

— new installations (including those not yet in operation) for which a permit was granted during the

reporting period.

In answering this question, it should be noted that the same installation could carry out activities falling
under different subheadings. All relevant activities should be indicated (even if this means that the installation
is counted more than once). Since many chemical installations carry out more than one activity as defined in
the subheadings of heading 4, only the overall figures for heading 4 should be given (i.e. no figures for indi-
vidual subheadings).

Categories of activities for which the total number of installations shall be reported

Table 1

Combustion installations with a rated thermal input exceeding 50 MW

Annex I activities

Mineral oil and gas refineries

Coke ovens

Coal gasification and liquefaction plants

Metal ore (including sulphide ore) roasting or sintering installations

Installations for the production of pig iron or steel (primary or secondary fusion) including
continuous casting, with a capacity exceeding 2,5 tonnes per hour

1.1.

1.2.

1.3.

1.4.

2.1.

2.2.

2.3(a)

Ferrous metals hot-rolling mills with a capacity exceeding 20 tonnes of crude steel per hour

2.3(b)

2.3(c)

Ferrous metals smitheries with hammers the energy of which exceeds 50 kilojoule per hammer,
where the calorific power used exceeds 20 MW

Ferrous metals application of protective fused metal coats with an input exceeding 2 tonnes of
crude steel per hour

2.4.

Ferrous metal foundries with a production capacity exceeding 20 tonnes per day

2.5(a)

Installations for the production of non-ferrous crude metals from ore, concentrates or secondary
raw materials by metallurgical, chemical or electrolytic processes

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2.5(b)

Installations for the melting, including the alloyage, of non-ferrous metals, including recovered
products, (refining, foundry casting, etc.) with a melting capacity exceeding 4 tonnes per day for
lead and cadmium or 20 tonnes per day for all other metals

Annex I activities

2.6.

3.1.

Installations for surface treatment of metals and plastic materials using an electrolytic or
chemical process where the volume of the treatment vats exceeds 30 m3

Installations for the production of cement clinker in rotary kilns with a production capacity
exceeding 500 tonnes per day or lime in rotary kilns with a production capacity exceeding 50
tonnes per day or in other furnaces with a production capacity exceeding 50 tonnes per day

3.2.

Installations for the production of asbestos and the manufacture of asbestos-based products

3.3.

3.4.

3.5.

4.

5.1.

5.2.

5.3.

5.4.

Installations for the manufacture of glass including glass fibre with a melting capacity exceeding
20 tonnes per day

Installations for melting mineral substances including the production of mineral fibres with a
melting capacity exceeding 20 tonnes per day

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 4 m3 and with a setting density per kiln
exceeding 300 kg/m3

Chemical installations for the production of basic organic chemicals, basic inorganic chemicals,
phosphorous-, nitrogen- or potassium-based fertilisers (simple or compound fertilisers), basic
plant-health products and biocides, explosives,
installations using a chemical or biological
process for the production of basic pharmaceutical products

Installations for the disposal or recovery of hazardous waste as defined in the list referred to in
Article 1(4) of Directive 91/689/EEC, as defined in Annexes IIA and IIB (operations R1, R5, R6,
R8 and R9) to Directive 75/442/EEC and in Council Directive 75/439/EEC of 16 June 1975 on
the disposal of waste oils, with a capacity exceeding 10 tonnes per day

Installations for the incineration of municipal waste as defined in Council Directive 89/369/EEC
of 8 June 1989 on the prevention of air pollution from new municipal waste-incineration plants
and Council Directive 89/429/EEC of 21 June 1989 on the reduction of air pollution from
existing municipal waste-incineration plants with a capacity exceeding 3 tonnes per hour

Installations for the disposal of non-hazardous waste as defined in Annex IIA to Directive 75/
442/EEC under headings D8 and D9, with a capacity exceeding 50 tonnes per day

Landfills receiving more than 10 tonnes per day or with a total capacity exceeding 25 000
tonnes, excluding landfills of inert waste

6.1(a)

Industrial plants for the production of pulp from timber or other fibrous materials

6.1(b)

Industrial plants for the production of paper and board with a production capacity exceeding 20
tonnes per day

6.2.

6.3.

Plants for the pre-treatment (operations such as washing, bleaching, mercerisation) or dyeing of
fibres or textiles where the treatment capacity exceeds 10 tonnes per day

Plants for the tanning of hides and skins where the treatment capacity exceeds 12 tonnes of
finished products per day

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6.4(a)

Slaughterhouses with a carcase-production capacity greater than 50 tonnes per day

Annex I activities

6.4(b)

Treatment and processing intended for the production of food products from:
— animal raw materials (other than milk) with a finished product-production capacity greater

than 75 tonnes per day,

— vegetable raw materials with a finished product-production capacity greater than 300 tonnes

per day (average value on a quarterly basis)

6.4(c)

6.5.

Treatment and processing of milk, the quantity of milk received being greater than 200 tonnes
per day (average value on an annual basis)

Installations for the disposal or recycling of animal carcases and animal waste with a treatment
capacity exceeding 10 tonnes per day

6.6(a)

Installations for the intensive rearing of poultry with more than 40 000 places for poultry

6.6(b)

Installations for the intensive rearing of pigs with more than 2 000 places for production pigs
(over 30 kg)

6.6(c)

Installations for the intensive rearing of pigs with more than 750 places for sows

6.7.

6.8.

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

Installations for the production of carbon (hard-burnt coal) or electrograhite by means of
incineration or graphitisation

2.2. What is the total number of IPPC installations at the end of the reporting period?

In answering this question, care should be taken not to count the same installation more than once, even if it
carries out several Annex I activities.

3.

BASIC OPERATOR OBLIGATIONS

3.1. What measures have been taken to provide that the competent authorities ensure that the installa-

tions are operated in accordance with the general principles set out in Article 3?

4.

EXISTING INSTALLATIONS

4.1. What legally binding measures or administrative plans have been established to ensure that the
requirements referred to in Article 5(1) are complied with by the end of the transition period
mentioned therein?

5.

PERMIT APPLICATIONS

5.1. How does national law ensure that permit applications contain all the information required by

Article 6?

6.

COORDINATION OF THE PERMITTING PROCEDURE AND CONDITIONS

6.1. Which competent authority or authorities are involved in permitting IPPC installations?

6.2. How does national law ensure that the permitting procedure and conditions are fully coordinated
where more than one competent authority is involved? How does this coordination work in
practice?

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7.

PERMIT CONDITIONS

7.1. Completeness of permit conditions

7.1.1. How does national law ensure that the permit contains all the requirements specified in Article 9? In

particular, give details on how each of the following items is provided for:

— limit values for emissions to air and water,

— minimisation of long-distance or transboundary pollution,

— protection of soil and groundwater,

— waste management,

— efficient use of energy,

— release monitoring requirements,

— prevention of accidents and limitation of their consequences,

— measures relating to abnormal operating conditions,

— site restoration upon definitive cessation of activities (requirement for ‘satisfactory state’),

— special provisions for installations under subheading 6.6 of Annex I.

7.2. Appropriateness and adequacy of permit conditions

7.2.1. What are the legislative provisions, procedures and criteria for setting emission limit values and other
permit conditions, ensuring that they lead to a high level of protection for the environment as a
whole? Have any specific guidelines for competent authorities been issued? If so, provide information
on the type of guidelines issued.

7.2.2. What kind of (binding or non-binding) guidance exists in Member States for determining best avail-

able techniques?

7.2.3. How, in general terms, is the information published by the Commission pursuant to Article 16(2) or
by international organisations taken into account generally or in specific cases when determining best
available techniques?

7.2.4. How useful, as a source of information for determining emission limit values, equivalent parameters
and technical measures based on the best available techniques, is the information published by the
Commission pursuant to Article 16(2)? How could it be improved?

7.2.5. What measures have been taken to ensure that the emission limit values and the equivalent para-
meters and technical measures referred to in Article 9(3) are based on the best available techniques,
without prescribing the use of any technique or specific technology, but taking into account the
technical characteristics of the installation,
location, and the local environmental
conditions?

its geographical

7.2.6. What kind of (binding or non-binding) guidance exists in Member States concerning the release moni-

toring requirements to be included in the permit?

7.2.7. What is your experience regarding the interface between the permit requirements under the IPPC
Directive and the Directive establishing a scheme for greenhouse gas emission allowance trading
within the Community and amending Council Directive 96/61/EC?

Note: Member States are not required to give any answer to this question if the Community green-

house gas emissions trading scheme has not started by 1 January 2005 as planned.

7.3. Available representative data

7.3.1. Provide available representative data on the limit values laid down by specific category of activities in
accordance with Annex I and, if appropriate, the best available techniques from which those values
are derived. Describe how these data have been chosen and collected.

The Commission may, before or during the reporting period, suggest guidance for responding to this
question.

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7.3.2. What types of permit conditions other than emission limit values have been set? In particular, give

examples of:

— equivalent parameters and technical measures that supplement emission limit values set in the

permit,

— equivalent parameters and technical measures that replace emission limit values,

— conditions concerning the protection of soil and ground water, waste management, efficient use of
energy, release monitoring requirements, prevention of accidents and limitation of their conse-
quences, measures relating to abnormal operating conditions and site restoration upon definitive
cessation of activities,

— conditions relating to environmental management systems.

8.

GENERAL BINDING RULES

8.1. Does national law contain the possibility of laying down certain requirements for certain categories
of installations in general binding rules instead of including them in individual permit conditions?

8.2. For which categories of installations have general binding rules been established? What form do such

rules take?

9.

ENVIRONMENTAL QUALITY STANDARDS

9.1. How does national law address the need for additional measures in cases where use of best available
techniques is insufficient to satisfy an environmental quality standard set out in or defined pursuant
to Community legislation?

9.2. Have such cases arisen? If so, give examples of additional measures.

10. DEVELOPMENTS IN BEST AVAILABLE TECHNIQUES

10.1. What steps have been taken to ensure that competent authorities follow or are informed of

developments in best available techniques?

11.

CHANGES TO INSTALLATIONS

11.1. What are the legislative provisions, procedures and practice for dealing with changes made by

operators to installations?

11.2. How do competent authorities decide whether a change in operation may have consequences for
the environment (Article 2(10)(a)), and/or whether such a change may have significant negative
effects on human beings or the environment (Article 2(10)(b))?

12.

RECONSIDERATION AND UPDATING OF PERMIT CONDITIONS

12.1. What are the legislative provisions, procedures and practice concerning reconsideration and

updating of permit conditions by the competent authority?

12.2. Is the frequency of reconsideration and, where necessary, updating of permit conditions specified

in national law, or is this determined by other means?

13.

COMPLIANCE WITH PERMIT CONDITIONS

13.1. Describe in general terms the legislative provisions, procedures and practice ensuring compliance

with the permit requirements.

13.2. Which legislative provisions, procedures and practice ensure that operators regularly inform
authorities of the results of release monitoring, and without delay of any incident or accident
significantly affecting the environment?

13.3. How does national law give the competent authorities the right and/or the obligation to carry out

on-site inspections?

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13.4. What are the procedures and practice concerning regular on-site inspections by competent authori-
ties? If regular on-site inspections are not carried out, how do competent authorities verify the
information provided by the operator?

13.5. What sanctions or other measures are available in cases of non-compliance with the permit condi-
tions? Were such sanctions or other measures applied during the reporting period? (If available,
indicate appropriate statistics, for example using a template given in a guidance document for
reporting under the recommendation providing for minimum criteria for environmental inspec-
tions in the Member States.)

14.

INFORMATION AND PARTICIPATION OF THE PUBLIC

14.1. How does national law provide for information and participation of the public in the permit proce-
dure? What are the main changes to national legislation and to the licensing system that were
necessary in order to meet the additional requirements introduced through Article 4 of the Direc-
tive of the European Parliament and of the Council providing for public participation in respect of
the drawing up of certain plans and programmes relating to the environment and amending
Council Directives 85/337/EEC and 96/61/EC?

Note: Member States are not required to give any answer to this question if the Directive on public partici-

pation enters into effect later than 1 July 2005.

14.2. How is the information about applications, decisions, and the results of release monitoring made

available to the public? To what extent is the Internet used for this purpose?

14.3. What measures have been taken to ensure that the public is aware of its right to comment on the

documents referred to in Article 15(1)?

14.4. How much time is there for the public to comment on permit applications before the competent

authority reaches its decision?

14.5. How do the authorities consider the comments of the public when taking their decisions?

14.6. In what circumstances can members of the public lodge an appeal to another authority or court

against a permit?

14.7. What influence have the restrictions laid down in Article 3(2) and (3) of Directive 90/313/EEC had

on access to information and public participation in the permit procedure?

15.

TRANSBOUNDARY COOPERATION

15.1. Does national law provide for transboundary information and cooperation or is the subject being
left to bilateral or multilateral relations between Member States or to administrative practice?

15.2. How is it established in practice whether the operation of an installation is likely to have signifi-

cant negative effects on the environment of another Member State?

15.3. How does national legislation and/or practice ensure adequate access to information and participa-
tion in the permit procedure of the public in the Member State likely to be affected? Is such partici-
pation supplemented by a right of appeal?

16.

RELATIONSHIP WITH OTHER COMMUNITY INSTRUMENTS

16.1. How do Member States view the effectiveness of the Directive, inter alia in comparison with other

Community environmental instruments?

16.2. What measures have been taken to ensure that implementation of the Directive is coherent with

the implementation of other Community environmental instruments?

17. GENERAL OBSERVATIONS

17.1. Are there any particular implementation issues that give rise to concerns in your country? If so,

please specify.