Proposal for a Directive of the European Parliament and of the Council on industrial emissions (integrated pollution prevention and control) (Recast) [COM(2007) 843 final] [SEC(2007) 1679] [SEC(2007) 1682]
Date: 2007-12-21
Institutions: European Commission
Subjects: air quality, environmental policy, impact study, industrial pollution, pollution control measures, prevention of pollution, reduction of gas emissions, waste incineration

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 21.12.2007 
COM(2007) 844 final 

2007/0286 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL  

on industrial emissions (integrated pollution prevention and control) 

(Recast) 

(presented by the Commission) 

[COM(2007) 843 final] 
[SEC(2007) 1679] 
[SEC(2007) 1682] 

EN 

   EN 

 
 
 
  
 
 
 
EXPLANATORY MEMORANDUM 

1) CONTEXT OF THE PROPOSAL 

Grounds for and objectives of the proposal 

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

General context 

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

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

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

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

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

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

Existing provisions in the area of the proposal  

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

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

Council  Directive  82/883/EEC  of  3  December  1982  on  procedures  for  the  surveillance  and 

EN 

2 

   EN 

 
 
 
  
 
monitoring  of  environments  concerned  by  waste  from  the  titanium  dioxide  industry,  OJ  L 
378, 31.12.1982, p. 1 

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

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

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

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

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

Consistency with other policies and objectives of the Union 

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

2) CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

Consultation of interested parties 

2Consultation  methods,  main  sectors 

targeted  and  general  profile  of  respondents 

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

Summary of responses and how they have been taken into account 

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

A large majority of the respondents agreed that:  

•  EU  legislation  should  continue  to  cover  all  the  main  environmental  impacts  of  the  IPPC 

installations in an integrated way;  

EN 

3 

   EN 

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

•  certain  minimum  rules  should  be  set  at  EU  level  regarding  the  issue  of  inspection  and 

additional actions defined in the field of the monitoring and reporting of emissions; 

•  specific research can help to identify new techniques for consideration as potential future 

BAT; 

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

All  background  information  is  available  on  a  public  CIRCA  website1  dedicated  to  this 
initiative. 

Collection and use of expertise 

Scientific fields /areas of expertise concerned 

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

Methodology used 

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

Main organisations/experts consulted 

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

Summary of advice received and used225 

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

1 

http://circa.europa.eu/Public/irc/env/ippc_rev/library 

EN 

4 

   EN 

 
 
 
 
 
 
 
 
 
 
                                                 
certain  provisions  on  reporting  and  monitoring  simplified 
administrative burdens and to enhance the current implementation practice. 

to  reduce  unnecessary 

Means used to make the expert advice publicly available 

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

Impact assessment 

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

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

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

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

•  clarification and strengthening of the concept of BAT;  

•  revision of the minimum emission limit values for Large Combustion Plants and 

installations producing titanium dioxide to align them with BAT standards; 

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

•  introduction of provisions on inspection and environmental improvements;  

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

•  simplifying  and  clarifying  certain  provisions  on  permitting,  monitoring  and 

reporting to cut unnecessary administrative burdens; 

•  extending  and  clarifying  the  scope  and  provisions  of  the  legislation  to  better 

contribute to the objectives of the Thematic Strategies. 

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

EN 

5 

   EN 

 
 
 
 
3) LEGAL ELEMENTS OF THE PROPOSAL305 

Summary of the proposed action 

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

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

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

Legal basis 

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

Subsidiarity principle 

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

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

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

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

The  major  thrust  of  this  proposal  is  to  amend  and  simplify  existing  legislation  related  to 
industrial  emissions  which  applies  minimum  standards  for  the  prevention  and  control  of 
the  whole  Community.  Industrial  emissions  contribute 
industrial  emissions  across 
substantially to overall emissions to air, water and soil as well as to the generation of waste 
and  the  use  of  energy.  Industrial  emissions  generally  also  have  substantial  transboundary 
components,  which  means  that  pollutants  emitted  into  the  air  or  in  water  contribute  to  the 
pollution measured in other Member States. The scale of the problem demands Community-

EN 

6 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
wide action. Individual Member States cannot solve the problems alone, and concerted action 
at the EU scale is required. 

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

The proposal therefore complies with the subsidiarity principle. 

Proportionality principle 

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

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

332 

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

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

The proposal therefore complies with the proportionality principle.  

Choice of instruments 

Proposed instruments: directive.34 

2 

Other means would not be adequate for the following reasons: 

The  aim  of  the  current  proposal  is  to  merge  and  simplify  seven  existing  directives  into  a 
single  instrument.  Given  this,  and  the  fact  that  the  existing  legislation  sets  Community 

EN 

7 

   EN 

 
 
 
 
 
 
 
 
 
 
 
objectives while leaving the choice of measures for compliance to the Member States, the best 
instrument is a directive.  

4) BUDGETARY IMPLICATION409 

The proposal has no implication for the Community budget. 

5) ADDITIONAL INFORMATION510 

Simplification 

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

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

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

Repeal of existing legislation 

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

Review/revision/sunset clause 

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

Correlation table 

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

European Economic Area 

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

EN 

8 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Detailed explanation of the proposal 

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

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

Comments on the Articles  

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

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

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

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

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

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

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

In order to take into account certain specific circumstances, the proposal enables competent 
authorities to grant derogations to allow emission limit values to exceed the emission levels 

EN 

9 

   EN 

 
 
associated with the best available techniques as  described  in  the  BAT  reference  documents. 
However, such derogations should be based on well defined criteria and should not exceed the 
emission  limit  values  set  out  in  Chapters  III  to  VI  of  this  Directive.  In  addition,  such 
derogations, together with their justification should be made available to the public.  

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

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

•  Provisions  on  compliance  and  increase  environmental  improvements  for  activities 

listed in Annex I (Articles 22, 24 and 25) 

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

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

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

Furthermore, the proposal introduces requirements for Member States to provide for a system 
the 
of  environmental 
Recommendation 2001/331/EC providing for minimum criteria for environmental inspections 
in the Member States. 

inspections.  Those  new  provisions  are 

largely  based  on 

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

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

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

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

•  Emission  limit  values  for  combustion  plants  (Articles  33  and  35,  Parts  1  and  2  of 

Annex V) 

EN 

10 

   EN 

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

•  Monitoring  requirements  for  waste  incineration  plants  and  waste  co-incineration 

plants (Article 43 and 35, Part 6 of Annex VI) 

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

•  Emission  limit  values  and  reporting  requirements  for  installations  producing 

titanium dioxide (Articles 63 to 64, Parts 1, 3 and 4 of Annex VIII) 

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

•  Implementing measures 

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

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

EN 

11 

   EN 

 
(cid:208) 96/61/EC (adapted) 
(cid:214) new 
2007/0286 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL  

(cid:214)on industrial emissions  concerning (integrated pollution prevention and control) 

(Text with EEA relevance) 

(cid:214) THE  EUROPEAN  PARLIAMENT  AND   THE  COUNCIL  OF  THE  EUROPEAN 
UNION, 

Having regard to the Treaty establishing the European Community, and in particular Article 
130s ⌦ 175 ⌫ (1) thereof, 
Having regard to the proposal from the Commission2, 
Having regard to the opinion of the ⌦ European ⌫ Economic and Social Committee3, 
Having regard to the opinion of the Committee of the Regions4, 
Acting in accordance with the procedure laid down in Article 189c ⌦ 251 ⌫ of the Treaty5, 

Whereas: 

(1) 

2 
3 
4 
5 
6 

7 

8 
9 

(cid:216) new 

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  industry6,  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  industry7,  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  industry8,  Council  Directive  96/61/EC  of  24  September 
1996  concerning  integrated  pollution  prevention  and  control9,  Council  Directive 
1999/13/EC  of  11  March  1999  on  the  limitation  of  emissions  of  volatile  organic 

OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ L 54, 25.2.1978, p. 19. Directive as last amended by Directive 91/692/EEC (OJ L 377, 31.12.1991, 
p. 48). 
OJ  L  378,  31.12.1982,  p.  1.  Directive  as  last  amended  by  Regulation  (EC)  No  807/2003  (OJ  L  122, 
16.5.2003, p. 36). 
OJ L 409, 31.12.1992, p. 11. 
OJ  L  257,  10.10.1996,  p.  26.  Directive  as  last  amended  by  Regulation  (EC)  No  166/2006  (OJ  L  33, 
4.2.2006, p. 1). 

EN 

12 

   EN 

 
 
 
                                                 
compounds due to the use of organic solvents in certain activities and installations10, 
Directive 2000/76/EC of the European Parliament and of the Council of 4 December 
2000  on  the  incineration  of  waste11  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 plants12. In the interests of clarity, 
these Directives should be recast.  

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.  

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

It  is  appropriate  to  revise  the  legislation  related  to  industrial  installations  in  order  to 
simplify  and  clarify  the  existing  provisions,  reduce  unnecessary  administrative 
burdens  and  implement  the  conclusions  of  the  Commission  Communications  on  the 
Thematic Strategy for Air Pollution13, the Thematic Strategy for Soil Protection14 and 
the  Thematic  Strategy  for  the  Prevention  and  Recycling  of  Waste15  adopted  as  a 
follow-up  of  Decision  No  1600/2002/EC  of  the  European  Parliament  and  of  the 
Council  of  22  July  2002  laying  down  the  Sixth  Community  Environment  Action 
Programme16.  Those  Thematic  Strategies  set  objectives  to  protect  human  health  and 
the environment which cannot be met without further reductions of emissions arising 
from industrial activities. 

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. 

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

In order to avoid double regulation, the permit of an installation covered by Directive 
2003/87  of  the  European  Parliament  and  of  the  Council  establishing  a  scheme  for 
greenhouse  gas  emission  allowance  trading  within  the  Community  and  amending 
Council  Directive  96/61/EC17  should  not  include  an  emission  limit  value  for  the 
emissions  of  greenhouse  gases  except  where  it  is  necessary  to  ensure  that  no 

OJ L 85, 29.3.1999, p. 1. Directive as last amended by Directive 2004/42/EC (OJ L 143, 30.4.2004, p. 
87). 
OJ L 332, 28.12.2000, p. 91. 
OJ  L  309,  27.11.2001,  p.  1.  Directive  as  last  amended  by  Directive  2006/105/EC  (OJ  L  363, 
20.12.2006, p. 368). 
COM(2005) 446 final of 21.9.2005. 
COM(2006) 231 final of 22.9.2006. 
COM(2005) 666 final of 21.15.2005. 
OJ L 242, 10.9.2002, p. 1. 
OJ L 275, 25.10.2003, p. 32. Directive as amended by Directive 2004/101/EC (OJ L 338, 13.11.2004, p. 
18). 

(2) 

(3) 

(4) 

(5) 

(6) 

(7) 

10 

11 
12 

13 
14 
15 
16 
17 

EN 

13 

   EN 

 
                                                 
(8) 

(9) 

(10) 

(11) 

(12) 

significant local pollution is caused or where an installations is temporarily excluded 
from that scheme. 

Operators should submit an application for a permit to the competent authority which 
contains the information that is necessary for setting the permit conditions. Operators 
should be able to use information resulting from the application of Council Directive 
85/337/EEC  of  27  June  1985  on  the  assessment  of  the  effects  of  public  and  private 
projects on the environment18 and of Council Directive 96/82/EC of 9 December 1996 
on  the  control  of  major-accident  hazards  involving  dangerous  substances19  when 
submitting an application for a permit. 

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

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

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

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

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

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

18 

19 

OJ L 175, 5.7.1985, p. 40. Directive as last amended by Directive 2003/35/EC (OJ L 156, 25.6.2003, p. 
17). 
OJ L 10, 14.1.1997, p. 13. Directive as last amended by Directive 2003/105/EC (OJ L 345, 31.12.2003, 
p. 97). 

EN 

14 

   EN 

 
                                                 
(15) 

(16) 

(17) 

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. 

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

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

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

(19)  Large  combustion  plants  contribute  greatly  to  emissions  of  polluting  substances  into 
the air resulting in a significant impact on human health and the environment. In order 
to  reduce  that  impact  and  to  work  towards  meeting  the  requirements  of  Directive 
2001/81/EC  of  the  European  Parliament  and  of  the  Council  of  23  October  2001  on 
national emission ceilings for certain atmospheric pollutants20 and the objectives set in 
the  Commission  Communication  on  the  Thematic  Strategy  for  Air  Pollution,  it  is 
necessary to set more stringent emission limit values at Community level for certain 
categories of combustion plants and pollutants. 

(20) 

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

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

(22) 

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

20 

OJ L 309, 27.11.2001, p. 22. Directive as last amended by Council Directive 2006/105/EC (OJ L 363, 
20.12.2006, p. 368). 

EN 

15 

   EN 

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

(24) 

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

(25)  The measures necessary for the implementation of this Directive should be adopted in 
accordance  with  Council  Decision  1999/468/EC  of  28  June  1999  laying  down  the 
procedures for the exercise of implementing powers conferred on the Commission21. 

(26) 

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

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

(28) 

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

(29)  Since the objectives of the action to be taken to ensure a high level of environmental 
protection  and  the  improvement  of  environmental  quality  cannot  be  sufficiently 

21 

OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 
11). 

EN 

16 

   EN 

 
                                                 
achieved  by  the  Member  States  and  can  therefore,  by  reason  of  the  transboundary 
nature of  pollution  from industrial activities, be better achieved  at Community level, 
the Community may adopt measures in accordance with the principle of subsidiarity as 
set out in Article 5 of the Treaty. In accordance with the principle of proportionality, 
as set out in that Article, this Directive does not go beyond what is necessary in order 
to achieve those objectives.  

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

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

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

HAVE ADOPTED THIS DIRECTIVE: 

CHAPTER I 

(cid:208) 96/61/EC (adapted) 

⌦ Common provisions ⌫ 

Article 1 

Purpose and scope ⌦ Subject matter ⌫ 

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

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

(cid:216) new 

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. 

EN 

17 

   EN 

 
 
 
(cid:208) 96/61/EC (adapted) 

Article 2 3 

Definitions 

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

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

(a)  radioactive  substances  within  the  meaning  of  ⌦ as  defined  in ⌫  Council  Directive 
80/836/Euratom  96/29/Euratom  of  13  May  1996  laying  down  basic  safety  standards  for  the 
protection  of  the  health  of  workers  and  the  general  public  against  the  dangers  arising  from 
ionizing radiation22; and  

(b) genetically  modified  organisms  within  the  meaning  of  ⌦ micro-organisms  as  defined 
in ⌫ Council  Directive  90/219/EEC  (GMO)  of  23  April  1990  on  the  contained  use  of 
genetically modified micro-organisms23; and 
⌦ (c) genetically  modified organisms  as defined  in ⌫ Directive 90/220/EEC242001/18/EC 
of  the  European  Parliament  and  of  the  Council  of  12  March  2001  on  the  deliberate  release 
into  the  environment  of  genetically  modified  organisms  and  repealing  Council  Directive 
90/200/EEC25; 

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

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

4.  'existing  installation`  shall  mean  an  installation  in  operation  or,  in  accordance  with 
legislation  existing  before  the  date  on  which  this  Directive  is  brought  into  effect,  an 
installation authorized or in the view of the competent authority the subject of a full request 
for  authorization,  provided  that  that  installation  is  put  into  operation  no  later  than  one  year 
after the date on which this Directive is brought into effect; 

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

(5)6.  ‘emission  limit  values’  shall  means  the  mass,  expressed  in  terms  of  certain  specific 
parameters, concentration and/or level of an emission, which may not be exceeded during one 
or  more  periods  of  time.  Emission  limit  values  may  also  be  laid  down  for  certain  groups, 

22 
23 
24 

25 

OJ L 159, 29.6.1996, p. 1. 
OJ No L 117, 8. 5. 90, p. 1.  
Council  Directive  90/220/EEC  of  23  April  1990  on  the  deliberate  release  into  the  environment  of 
genetically modified organisms (OJ No L 117, 8. 5. 1990, p. 15). Directive as amended by Commission 
Directive 94/15/EC (OJ No L 103, 22. 4. 1994, p. 20). 
OJ L 106, 17.4.2001, p. 1. 

EN 

18 

   EN 

 
 
                                                 
families or categories of substances, in particular for those listed in Annex III. The emission 
limit  values  for  substances  shall  normally  apply  at  the  point  where  the  emissions  leave  the 
installation,  any  dilution  being  disregarded  when  determining  them.  With  regard  to  indirect 
releases  into  water,  the  effect  of  a  water  treatment  plant  may  be  taken  into  account  when 
determining the emission limit values of the installation involved, provided that an equivalent 
level is guaranteed for the protection of the environment as a whole and provided this does 
not  lead  to  higher  levels  of  pollution  in  the  environment,  without  prejudice  to  Directive 
76/464/EEC or the Directives implementing it; 

(6)7.  ‘environmental  quality  standard’  shall  means  the  set  of  requirements  which  must  be 
fulfilled  at  a  given  time  by  a  given  environment  or  particular  part  thereof,  as  set  out  in 
Community legislation; 

8. 'competent authority` shall mean the authority or authorities or bodies responsible under the 
legal  provisions  of  the  Member  States  for  carrying  out  the  obligations  arising  from  this 
Directive; 

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

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

(b) ‘substantial change’ shall means a change in operation ⌦ the nature or functioning, or an 
extension,  of  an  installation  or  combustion  plant,  waste  incineration  plant  or  waste  co-
incineration plant ⌫ which, in the opinion of the competent authority, may have significant 
negative effects on human beings ⌦ humans ⌫ or the environment; 

For  the  purposes  of  this  definition,  any  change  to  or  extension  of  an  operation  shall  be 
deemed to be substantial if the change or extension in itself meets the thresholds, if any, set 
out in Annex I; 

(9)11.  ‘best  available  techniques’  shall  means  the  most  effective  and  advanced  stage  in  the 
development  of  activities  and  their  methods  of  operation  which  indicate  the  practical 
suitability  of  particular  techniques  for  providing  in  principle  the  basis  for  emission  limit 
values  ⌦ and  other  permit  conditions ⌫  designed  to  prevent  and,  where  that  is  not 
practicable, generally to reduce emissions and the impact on the environment as a whole: 

(a) 

(b) 

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

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

(c) 

‘best’  shall means  most  effective  in  achieving  a  high  general  level  of  protection  of 
the environment as a whole. 

In  determining  the  best  available  techniques,  special  consideration  should  be  given  to  the 
items listed in Annex IV; 

EN 

19 

   EN 

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

(cid:208) 2003/35/EC Art. 4.1(b) 
(adapted) 

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

(12)14. ‘the public concerned’ shall means the public affected or likely to be affected by, or 
having an interest in, the taking of a decision on the issuing or the updating of a permit or of 
permit  conditions;  for  the  purposes  of  this  definition,  non-governmental  organisations 
promoting  environmental  protection  and  meeting  any  requirements  under  national  law  shall 
be deemed to have an interest;  

(cid:216) new 

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

(14) 'dangerous substances' means dangerous substances or preparations as defined in Council 
Directive  67/548/EC  of  27  June  1967  on  the  approximation  of  laws,  regulations  and 
administrative provisions relating to the classification, packaging and labelling of dangerous 
substances26 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 preparations27; 

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

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

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

(cid:208) 2001/80/EC Art.2 (adapted) 

(18)6.  ‘fuel’  means  any  solid,  liquid  or  gaseous  combustible  material  used  to  fire  a 
combustion plant with the exception of waste covered by Council Directive 89/369/EEC of 8 
June 1989 on the prevention of air pollution from new municipal waste incineration plants28, 
Council Directive 89/429/EEC of 21 June 1989 on the reduction of air pollution from existing 
municipal waste incineration plants29, and Council Directive 94/67/EC of 16 December 1994 

26 
27 
28 
29 

OJ 196, 16.8.1967, p. 1. 
OJ L 200, 30.7.1999, p. 1  
OJ L 163, 14.6.1989, p. 32. 
OJ L 203, 15.7.1989, p. 50. 

EN 

20 

   EN 

 
 
 
 
                                                 
concerning the incineration of hazardous waste30 or any subsequent Community act repealing 
and replacing one or more of these Directives; 

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

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

(a) 

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

(b) 

the following waste used as a fuel: 

(ai)  vegetable waste from agriculture and forestry; 

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

recovered; 

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

(div)  cork waste; 

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

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

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

(cid:208) 2000/76/EC Art. 3 (adapted) 

1(23)  ‘«waste»’  means  any  solid  or  liquid  waste  as  defined  in  Article  3(a)1(a)  of  Directive 
20../…/EC of the European Parliament and of the Council on waste31 75/442/EEC; 

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

(25)3.  ‘mixed  municipal  waste’  means  waste  from  households  as  well  as  commercial, 
industrial  and  institutional waste, which, because of its  nature  and composition is similar to 
waste from households, but excluding fractions indicated in the Annex to Decision 94/3/EC 
under  heading  20  01  of  the  Annex  to  Commission  Decision  2000/532/EC  of  3  May  2000 
establishing the European Waste List32 that isare collected separately at source and excluding 
the other wastes indicated under heading 20 02 of that Annex;  

30 
31 
32 

OJ L 365, 31.12.1994, p. 34. 
OJ L  
OJ L 226, 6.9.2000, p. 3. 

EN 

21 

   EN 

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

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

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

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

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

(cid:208) 1999/13/EC Art. 2 (adapted) 

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

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

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

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

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

or is used as a cleaning agent to dissolve contaminants;  

or as a dissolver; 

or as a dispersion medium; 

or as a viscosity adjuster; 

or as a surface tension adjuster; 

EN 

22 

   EN 

 
 
(g) 

(h) 

or a plasticiser; 

or as a preservative; 

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

Article 5 

Requirements for the granting of permits for existing installations  

1. Member States shall take the necessary measures to ensure that the competent authorities 
see  to  it,  by  means  of  permits  in  accordance  with  Articles  6  and  8  or,  as  appropriate,  by 
reconsidering  and,  where  necessary,  by  updating  the  conditions,  that  existing  installations 
operate in accordance with the requirements of Articles 3, 7, 9, 10, 13, the first and second 
indents of 14, and 15  (2)  not later than eight years after the date on which this Directive is 
brought into effect, without prejudice to specific Community legislation. 

2. Member States shall take the necessary measures to apply the provisions of Articles 1, 2, 
11, 12, 14, third indent, 15 (1), (3) and (4), 16, 17 and 18 (2) to existing installations as from 
the date on which this Directive is brought into effect. 

(cid:208) 96/61/EC Art. 4 (adapted) 

Article 4 

Permits for new installations ⌦ Obligation to hold a permit ⌫ 

1. Member States shall take the necessary measures to ensure that no new installation ⌦ or 
combustion  plant,  waste  incineration  plant  or  waste  co-incineration  plant ⌫  is  operated 
without a permit issued in accordance with this Directive, without prejudice to the exceptions 
provided  for  in  Council  Directive  88/609/EEC  of  24  November  1988  on  the  limitation  of 
emissions of certain pollutants into the air from large combustion plants33. 

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

(cid:208) 1999/13/EC Art. 3 (adapted) 

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

(cid:208) 1999/13/EC Art. 2 (adapted) 

33 

OJ No L 336, 7. 12. 1988, p. 1. Directive as last amended by Directive 90/656/EEC (OJ No L 353, 17. 
12. 1990, p. 59). 

EN 

23 

   EN 

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

(cid:208) 96/61/EC Art. 2(9) (adapted) 

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

(cid:216) new 

Article 5  

Operators  

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

(cid:208) 96/61/EC (adapted) 

Article 68 

Decisions ⌦ Granting of a permit ⌫ 

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

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

Article 7 

Integrated approach to issuing permits 

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

3.2.  In  the  case  of  a  new  installation  or  a  substantial  change  where  Article  4  of 
Directive 85/337/EEC  applies,  any  relevant  information  obtained  or  conclusion  arrived  at 
pursuant  to  Articles  5,  6,  and  7  and  9 of  that  Directive  shall  be  taken  into  consideration 
⌦ examined and used ⌫ for the purposes of granting a ⌦ the ⌫ permit. 

(cid:208) 96/61/EC Art. 9 (adapted) 

Article 7  

⌦ General binding rules ⌫ 

EN 

24 

   EN 

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

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

(cid:208) 96/61/EC (adapted) 

(cid:216) new 

Article 8  

Reporting on compliance 

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

(1) 

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

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

(cid:208) 96/61/EC Art. 14 (adapted)  

⌦ Non-compliance ⌫ Compliance with permit conditions 

Article 914 

1.  Member  States  shall  take  the  necessary  measures  to  ensure  that:  the  conditions  of  the 
permit are complied with by the operator. when operating the installation, 

(cid:208) 1999/13/EC Art.10 (adapted) 
(cid:214) new 

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

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

(b)  ⌦ that the  operator ⌫ (cid:214) and  the  competent  authority  takes  ⌦ take the  ⌫ 
measures ⌦ necessary ⌫ to ensure that compliance is restored within the shortest 
possible time.; 

(b) iIn cases of non-compliance ⌦ a breach ⌫ causing immediate danger to human health 
⌦ or the environment ⌫ and as long as compliance is not restored under the conditions of 
paragraph  (a)  in  accordance  with  point  (b) of  the  first  subparagraph,  ⌦ the  ⌫  operation 

EN 

25 

   EN 

 
 
 
 
 
⌦ of the installation or combustion  plant, waste incineration plant or waste co-incineration 
plant shall be ⌫ of the activity is suspended. 

(cid:208) 2003/87/EC Art. 26 (adapted) 

Article 10 

⌦ Emission of greenhouse gases ⌫ 

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

2. For activities listed in Annex I to Directive 2003/87/EC of the European Parliament and of 
the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance 
trading  within  the  Community  and  amending  Council  Directive  96/61/EC34,  Member  States 
may choose not to impose requirements relating to energy efficiency in respect of combustion 
units or other units emitting carbon dioxide on the site. 

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

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

(cid:208) 96/61/EC (adapted) 

CHAPTER II 

⌦ Special provisions for activities listed in Annex I ⌫ 

(cid:216) new 

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. 

(cid:208) 96/61/EC (adapted) 

General principles governing the basic obligations of the operator 

Article 123 

34 

OJ L 275, 25.10.2003, p. 32 

EN 

26 

   EN 

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

(1)(a) 

all the appropriate preventive measures are taken against pollution,; 

(2) 

in particular through application of the best available techniques ⌦ are applied ⌫; 

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

(4)(c)  waste  production  is  avoided  in  accordance  with  Directive 20../../EC Council 

Directive 75/442/EEC of 15 July 1975 on waste; 

(5) 

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

(6)(d) 

energy is used efficiently; 

(7)(e) 

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

(8)(f) 

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

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

Article 136 

Applications for permits 

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

(a) 

(b) 

the installation and its activities; 

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

(c) 

the sources of emissions from the installation; 

(d) 

the conditions of the site of the installation; 

(e)  where applicable, a baseline report;  

(cid:216) new 

(cid:208) 96/61/EC 

(f) 

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

(g) 

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

EN 

27 

   EN 

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

by the installation; 

(i) 

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

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

(cid:208) 2003/35/EC Art. 4.2 (adapted) 

(k) 

the  main  alternatives  ⌦ to 
measures ⌫, if any, studied by the applicant in outline.  

the  proposed 

technology, 

techniques  and 

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

(cid:208) 96/61/EC  

2.  Where  information  supplied  in  accordance  with  the  requirements  provided  for  in 
Directive 85/337/EEC 
accordance  with 
Directive 96/82/EC 82/501/EEC  of  24  June  1982  on  the  major-accident  hazards  of  certain 
industrial activities or other information produced in response to other legislation fulfils any 
of  the  requirements  of  paragraph  1 this  Article,  that  information  may  be  included  in,  or 
attached to, the application. 

prepared 

safety 

report 

or 

in 

a 

(cid:216) new 

Article 14 

BAT reference documents 

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

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

(cid:208) 96/61/EC (adapted) 

Article 159 

Conditions of the permit ⌦ Permit conditions ⌫ 

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

2.  In  the  case  of  a  new  installation  or  a  substantial  change  where  Article  4  of  Directive 
85/337/EEC  applies,  any  relevant  information  obtained  or  conclusion  arrived  at  pursuant  to 

EN 

28 

   EN 

 
 
 
 
 
Articles  5,  6  and  7  of  that  Directive  shall  be  taken  into  consideration  for  the  purposes  of 
granting the permit. 

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

(a) 

(b) 

(c) 

emission limit values for pollutants ⌦ polluting substances ⌫, in particular, 
those listed in Annex III, II ⌦ and for other polluting substances which are ⌫ 
likely  to  be  emitted  from  the  installation  concerned  in  significant  quantities, 
having regard to their nature and their potential to transfer pollution from one 
medium to another (water, air and land). ; 

If  necessary,  the  permit  shall  include  appropriate  requirements  ensuring 
protection  of  the  soil  and  groundwater  and  measures  concerning  the 
management  of  waste  generated  by  the  installation;.  Where  appropriate,  limit 
values may be supplemented or replaced by equivalent parameters or technical 
measures. 

5.  The  permit  shall  contain  suitable  release  monitoring  requirements, 
specifying measurement methodology and frequency, evaluation procedure and 
an obligation to supply the competent authority ⌦ regularly with the results of 
the monitoring of releases and ⌫ with ⌦ other ⌫ data required for checking 
compliance with the permit;.  

For installations under subheading 6.6 in Annex I, the measures referred to in 
this paragraph may take account of costs and benefits. 

(d) 

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

(cid:216) new 

(cid:208) 96/61/EC (adapted) 

(e) 

(f) 

6. The permit shall contain measures relating to conditions other than normal 
operating conditions. Thus, where there is a risk that the environment may be 
affected, appropriate provision shall be made for start-up, leaks, malfunctions, 
momentary stoppages and definitive cessation of operations; 

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

The permit may also contain temporary derogations from the requirements of 
paragraph  4  if  a  rehabilitation  plan  approved  by  the  competent  authority 
ensures that these requirements will be met within six months and if the project 
leads to a reduction of pollution. 

7. 

The permit may contain such other specific conditions for the purposes of this 
Directive as the Member State or competent authority may think fit. 

2. Where appropriate ⌦ For the purpose of point (a) of the first paragraph, emission ⌫ limit 
values may be supplemented or replaced by equivalent parameters or technical measures. 

EN 

29 

   EN 

 
 
 
 
 
For  installations  under  subheading  6.6  in  Annex  I,  emission  limit  values  laid  down  in 
accordance with this paragraph shall take into account practical considerations appropriate to 
these categories of installation. 

(cid:216) new 

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

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

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

(cid:208) 96/61/EC Art. 2 (adapted) 

Article 16 

Emission limit values, equivalent parameters and technical measures 

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

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

(cid:208) 96/61/EC Art. 9 

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

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

3. By derogation from the second subparagraph of paragraph 2, the competent authority may, 
in specific cases, on the basis of an assessment of the environmental and economic costs and 

(cid:216) new 

EN 

30 

   EN 

 
 
 
 
 
benefits  taking  into  account  the  technical  characteristics  of  the  installation  concerned,  its 
geographical  location  and  the  local  environmental  conditions,  set  emission  limit  values  that 
exceed  the  emission  levels  associated  with  the  best  available  techniques  as  described  in  the 
BAT reference documents. 

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

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

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

to  amend  non-essential  elements  of 

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

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

Article 17 

Monitoring requirements 

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

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

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

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

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

to  amend  non-essential  elements  of 

Article 18 

General binding rules 

1.  ⌦ When  adopting ⌫  Without  prejudice  to  the  obligation  to  implement  a  permit 
procedure  pursuant  to  this  Directive,  Member  States  may  prescribe  certain  requirements  for 
certain  categories  of  installations  in  general  binding  rules,  instead  of  including  them  in 
individual permit conditions, provided that ⌦ Member States shall ensure ⌫ an integrated 

(cid:208) 96/61/EC Art. 9(8) (adapted) 

EN 

31 

   EN 

 
 
approach  and  an  equivalent  high  level  of  environmental  protection  as  a  whole  are  ensured 
⌦ equivalent to that achievable with individual permit conditions ⌫. 

(cid:216) new 

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

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

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

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

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

(cid:208) 96/61/EC (adapted) 
(cid:214) new 

Article 1910 

Best available techniques and eEnvironmental quality standards 

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

Article 2011 

Developments in best available techniques 

Member  States  shall  ensure  that  the  competent  authority  follows  or  is  informed  of 
developments  in  best  available  techniques.  (cid:214) and  of  the  publication  of  any  new  or  revised 
BAT reference documents.   

Article 2112 

Changes by operators to installations 

1.  Member  States  shall  take  the  necessary  measures  to  ensure  that  the  operator  informs  the 
competent ⌦ authority ⌫ authorities of any planned change in the ⌦ nature or functioning, 
or  an  extension ⌫  operation  of  the  installation  ⌦ which  may  have  consequences  for  the 
environment ⌫  as  referred  to  in  Article  2  (10)  (a).  Where  appropriate,  the  competent 
⌦ authority ⌫ authorities shall update the permit or the conditions. 

EN 

32 

   EN 

 
 
 
2. Member States shall take the necessary measures to ensure that no substantial change in the 
operation of the installation within the meaning of Article 2 (10) (b) planned by the operator 
is made without a permit issued in accordance with this Directive.  

The  application  for  a  permit  and  the  decision  by  the  competent  authority ⌦ shall ⌫  must 
cover  those  parts  of  the  installation  and  those  aspects  ⌦ details ⌫  listed  in  Article  613 
which may be affected by the ⌦ substantial ⌫ change. The relevant provisions of Articles 3 
and 6 to 10 and Article 15 (1), (2) and (4) shall apply mutatis mutandis. 

(cid:208) 96/61/EC Art. 2(10)(b) 
(adapted) 

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

(cid:208) 96/61/EC (adapted) 

Article 2213 

Reconsideration and updating of permit conditions by the competent authority 

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

(cid:216) new 

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

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

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

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

(cid:208) 96/61/EC (adapted) 
(cid:214) new 

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

(a) 

the pollution caused by the installation is of such significance that the existing 
emission limit values of the permit need to be revised or new such values need 
to be included in the permit;, 

EN 

33 

   EN 

 
 
 
 
 
(b) 

substantial changes (cid:214) developments  in the best available techniques make it 
possible  to  reduce  ⌦ allow  for  the  significant  reduction  of ⌫  emissions 
significantly without imposing excessive costs;, 

(c) 

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

(d)  (cid:214) where  it  is  necessary  to  comply  with  an  environmental  quality  standard  in 

accordance with Article 19.  

- new provisions of Community or national legislation so dictate. 

(cid:216) new 

Article 23 

Site closure and remediation 

1. Without prejudice to Directive 2004/35/CE of the European Parliament and of the Council 
of 21 April 2004 on environmental liability with regard to the prevention and remedying of 
environmental  damage35  and  to  Directive  20../../EC  of  the  European  Parliament  and  of  the 
Council  establishing  a  framework  for  the  protection  of  soil  and  amending  Directive 
2004/35/EC36  the  competent  authority  shall  ensure  that  the  permit  conditions  imposed  to 
ensure  the  respect  of  the  principle  set  out  in  point  (8)  of  Article  12  are  implemented  upon 
definitive cessation of activities. 

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

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

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

to  amend  non-essential  elements  of 

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

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

35 
36 

OJ L 143, 30.4.2004, p. 56. 
OJ L 

EN 

34 

   EN 

 
 
                                                 
(cid:216) new  

Article 24 

Reporting on compliance 

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

Article 25 

Inspections 

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

That system shall include on site inspections. 

(cid:208) 96/61/EC (adapted) 

Article 14  

Compliance with permit conditions  

Member States shall take the necessary measures to ensure that: 

-  the  conditions  of  the  permit  are  complied  with  by  the  operator  when  operating  the 
installation, 

-  the  operator  regularly  informs  the  competent  authority  of  the  results  of  the  monitoring  of 
releases and without delay of any incident or accident significantly affecting the environment, 

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

(cid:216) new 

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) 

(f) 

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

procedures for non-routine inspections pursuant to paragraph 6; 

EN 

35 

   EN 

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

authorities. 

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

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

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

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

to  amend  non-essential  elements  of 

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

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

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

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

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

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

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

(cid:208) 96/61/EC 

Article 2615  

Access to information and public participation in the permit procedure 

(cid:208) 2003/35/EC Art. 4.3 (adapted)  

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

(a) 

(b) 

(c) 

issuing ⌦ of ⌫ a permit for new installations;,  

issuing  ⌦ of ⌫  a  permit  for  any  substantial  change  in  the  operation  of  an 
installation;,  

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

EN 

36 

   EN 

 
 
 
(d) 

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

(cid:216) new 

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

(cid:208) 2003/35/EC Art. 4.3 (adapted)  

(cid:216) new 

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

(a) 

(b) 

(c) 

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

general binding rules cover all of the necessary permit conditions; 

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

(cid:208) 2003/35/EC Art. 4.3 (adapted)  

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

(a) 

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

(b)  having examined the concerns and opinions expressed by the public concerned, 
the  reasons  and  considerations  on  which  the  decision  is  based;  ,  including 
information on the public participation process. 

(cid:216) new 

(c) 

(d) 

(e) 

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

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

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

(f)  where a derogation is granted in accordance with Article 16(3), the reasons for 

that derogation and the conditions imposed; 

(g) 

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

EN 

37 

   EN 

 
 
 
 
 
 
(cid:208) 96/61/EC (adapted) 

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

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

(cid:208) 2003/35/EC Art. 4.3 (adapted)  

Article 2715a 

Access to justice 

1.  Member  States  shall  ensure  that,  in  accordance  with  the  relevant  national  legal  system, 
members of the public concerned ⌦ have access to a review procedure before a court of law 
or another independent and impartial body established by law to challenge the substantive or 
procedural  legality  of  decisions,  acts  or  omissions  subject  to Article  26 when  one  of  the 
following conditions is met ⌫: 

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

(b)  ⌦ they  maintain ⌫  maintaining 

impairment  of  a  right,  where 
the 
administrative  procedural  law  of  a  Member  State  requires  this  as  a 
precondition., 

have access to a review procedure before a court of law or another independent and impartial 
body established by law to challenge the substantive or procedural legality of decisions, acts 
or omissions subject to the public participation provisions of this Directive. 

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

3. What constitutes a sufficient interest and impairment of a right shall be determined by the 
Member States, consistently with the objective of giving the public concerned wide access to 
justice. 

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

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

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

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

EN 

38 

   EN 

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

(cid:208) 96/61/EC  

Article 2817 

Transboundary effects 

(cid:208) 2003/35/EC Art. 4.5(a) 
(adapted) 

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

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

(cid:208) 96/61/EC (adapted) 

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

(cid:208) 2003/35/EC Art. 4.5(b) 
(adapted) 

3. The results of any consultations pursuant to paragraphs 1 and 2 must ⌦ shall ⌫ be taken 
into consideration when the competent authority reaches a decision on the application. 

4.  The  competent  authority  shall  inform  any  Member  State,  which  has  been  consulted 
pursuant to paragraph 1, of the decision reached on the application and shall forward to it the 
information  referred  to  in  Article  15(5)  26(3).  That  Member  State  shall  take  the  measures 
necessary  to  ensure  that  that  information  is  made  available  in  an  appropriate  manner  to  the 
public concerned in its own territory. 

(cid:208) 96/61/EC (adapted) 
(cid:214) new 

Article 2916  

Exchange of information 

EN 

39 

   EN 

 
 
 
 
 
 
1. With a view to exchanging information, Member States shall take the necessary measures 
to send the Commission every three years, and for the first time within 18 months of the date 
on  which  this  Directive  is  brought  into  effect,  the  available  representative  data  on  the  limit 
values  laid  down  by  specific  category  of  activities  in  accordance  with  Annex  I  and,  if 
appropriate, the best available techniques from which those values are derived in accordance 
with,  in  particular,  Article  9.  On  subsequent  occasions  the  data  shall  be  supplemented  in 
accordance with the procedures laid down in paragraph 3 of this Article. 

2. The Commission shall organise organize an exchange of information ⌦ with ⌫ between 
Member  States,  and  the  industries  concerned  on  best  available  techniques,  associated 
monitoring,  and  developments  in  them.  (cid:214) and  non-governmental  organisations  promoting 
environmental protection on the following:  

(a) 

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

(cid:216) new 

(cid:208) 96/61/EC (adapted) 

(b)  ⌦ the ⌫  on  best  available  techniques  ⌦ used ⌫,  associated  monitoring, 

and ⌦ their ⌫ developments in them. 

Every three years the Commission shall publish the results of the exchanges of information. 

3. Reports on the implementation of this Directive and its effectiveness compared with other 
Community environmental instruments shall be established in accordance with the procedure 
laid in Article 5 and 6 of Directive 91/692/EEC. The first report shall cover the three years 
following  the  date  on  which  this  present  Directive  is  brought  into  effect  as  referred  to  in 
Article 21. The Commission shall submit the report to the Council, accompanied by proposals 
if necessary. 

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

(cid:216) new 

Article 30 

Emerging techniques 

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

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

(a) 

(b) 

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

indicative 
application of emerging techniques; 

targets  for  Member  States  regarding 

the  development  and 

EN 

40 

   EN 

 
 
 
 
(c) 

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

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

to  amend  non-essential  elements  of 

(cid:208) 96/61/EC (adapted) 

Article 18  

Community emission limit values  

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

- the categories of installations listed in Annex I except for the landfills covered by categories 
5.1 and 5.4 of that Annex, 

and 

- the polluting substances referred to in Annex III, 

for which the need for Community action has been identified, on the basis, in particular, of 
the exchange of information provided for in Article 16. 

2. In the absence of Community emission limit values defined pursuant to this Directive, the 
relevant emission limit values contained in the Directives referred to in Annex II and in other 
Community  legislation  shall  be  applied  as  minimum  emission  limit  values  pursuant  to  this 
Directive for the installations listed in Annex I. 

Without prejudice to the requirements of this Directive, the technical requirements applicable 
for the landfills covered by categories 5.1 and 5.4 of Annex I, shall be fixed by the Council, 
acting on a proposal by the Commission, in accordance with the procedures laid down in the 
Treaty. 

(cid:208) 2001/80/EC Art. 1 (adapted) 

CHAPTER III 

⌦ Special provisions for combustion plants ⌫ 

Article 311 

⌦ Scope ⌫ 

This  Directive  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 (solid, liquid or gaseous).  

For the purpose of this Directive: 

Article 2 

(1) "emission" means the discharge of substances from the combustion plant into the air; 

EN 

41 

   EN 

 
 
 
(2)  "waste  gases"  means  gaseous  discharges  containing  solid,  liquid  or  gaseous  emissions; 
their volumetric flow rates shall be expressed in cubic metres per hour at standard temperature 
(273  K)  and  pressure  (101,3  kPa)  after  correction  for  the  water  vapour  content,  hereinafter 
referred to as (Nm3/h); 

(3)  "emission  limit  value"  means  the  permissible  quantity  of  a  substance  contained  in  the 
waste gases from the combustion plant which may be discharged into the air during a given 
period;  it  shall  be  calculated  in  terms  of  mass  per  volume  of  the  waste  gases  expressed  in 
mg/Nm3, assuming an oxygen content by volume in the waste gas of 3 % in the case of liquid 
and gaseous fuels, 6 % in the case of solid fuels and 15 % in the case of gas turbines; 

(4) "rate of desulphurisation" means the ratio of the quantity of sulphur which is not emitted 
into  the  air  at  the  combustion  plant  site  over  a  given  period  to  the  quantity  of  sulphur 
contained  in  the  fuel  which  is  introduced  into  the  combustion  plant  facilities  and  which  is 
used over the same period; 

(5) "operator" means any natural or legal person who operates the combustion plant, or who 
has or has been delegated decisive economic power over it; 

(6) "fuel" means any solid, liquid or gaseous combustible material used to fire the combustion 
plant with the exception of waste covered by Council Directive 89/369/EEC of 8 June 1989 
on the prevention of air pollution from new municipal waste incineration plants37(9), Council 
Directive  89/429/EEC  of  21  June  1989  on  the  reduction  of  air  pollution  from  existing 
municipal  waste  incineration  plants38(10),  and  Council  Directive  94/67/EC  of  16  December 
1994 concerning the incineration of hazardous waste39(11) or any subsequent Community act 
repealing and replacing one or more of these Directives; 

(7) "combustion plant" means any technical apparatus in which fuels are oxidised in order to 
use the heat thus generated. 

This Directive shall apply only to combustion plants designed for production of energy with 
the exception of those which make direct use of the products of combustion in manufacturing 
processes.  In  particular,  this  Directive  This  chapter shall  not  apply  to  the  following 
combustion plants: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

37 
38 
39 

plants in which the products of combustion are used for the direct heating, drying, or 
any other treatment of objects or materials e.g. reheating furnaces, furnaces for heat 
treatment ; 

post-combustion  plants  i.e.  any  technical  apparatus  designed  to  purify  the  waste 
gases by combustion which ⌦ are ⌫ is not operated as an independent combustion 
plant ⌦ plants ⌫ ; 

facilities for the regeneration of catalytic cracking catalysts; 

facilities for the conversion of hydrogen sulphide into sulphur; 

reactors used in the chemical industry; 

coke battery furnaces; 

cowpers; 

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

OJ L 163, 14.6.1989, p. 32. 
OJ L 203, 15.7.1989, p. 50. 
OJ L 365, 31.12.1994, p. 34. 

EN 

42 

   EN 

 
                                                 
(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 38(2) ⌫ 

(j) 

gas  turbines  licensed  before  27  November  2002  or  which  in  the  view  of  the 
competent  authority  are  the  subject  of  a  full  request  for  a  licence  before  27 
November  2002  provided  that  the  plant  is  put  into  operation  no  later  than  27 
November 2003 without prejudice to Article 7(1) and Annex VIII(A) and (B); 

Plants powered by diesel, petrol and gas engines shall not be covered by this Directive. 

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

(9) "new plant" means any combustion plant for which the original construction licence or, in 
the absence of such a procedure, the original operating licence was granted on or after 1 July 
1987; 

(10) "existing plant" means any combustion plant for which the original construction licence 
or,  in  the  absence  of  such  a  procedure,  the  original  operating  licence  was  granted  before  1 
July 1987; 

(11)  "biomass"  means  products  consisting  of  any  whole  or  part  of  a  vegetable  matter  from 
agriculture  or  forestry  which  can  be  used  as  a  fuel  for  the  purpose  of  recovering  its  energy 
content and the following waste used as a fuel: 

(a) vegetable waste from agriculture and forestry; 

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

(c) 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; 

(d) cork waste; 

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

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

(13) "Outermost Regions" means the French Overseas Departments with regard to France, the 
Azores and Madeira with regard to Portugal and the Canary Islands with regard to Spain. 

(cid:216) new 

Article 32 

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. 

EN 

43 

   EN 

 
 
(cid:208) 2001/80/EC Art. 2(7) (adapted) 

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)  ⌫  new 
plants  are  installed  in  such  a  way  that,  taking  technical  and  economic  factors  into  account, 
their waste gases could, in the judgement of the competent authorities, be discharged through 
a common stack, the combination formed by such plants shall be regarded ⌦ considered ⌫ 
as a single ⌦ combustion plant ⌫ unit ⌦ and their capacities added. ⌫ 

(cid:208) 2001/80/EC  

Article 3 

1. Not later than 1 July 1990 Member States shall draw up appropriate programmes for the 
progressive  reduction  of  total  annual  emissions  from  existing  plants.  The  programmes  shall 
set out the timetables and the implementing procedures. 

2.  In  accordance  with  the  programmes  mentioned  in  paragraph  1,  Member  States  shall 
continue  to  comply  with  the  emission  ceilings  and  with  the  corresponding  percentage 
reductions  laid  down  for  sulphur  dioxide  in  Annex  I,  columns  1  to  6,  and  for  oxides  of 
nitrogen  in  Annex  II,  columns  1  to  4,  by  the  dates  specified  in  those  Annexes,  until  the 
implementation of the provisions of Article 4 that apply to existing plants. 

3. When the programmes are being carried out, Member States shall also determine the total 
annual emissions in accordance with Annex VIII(C). 

4. 4. If a substantial and unexpected change in energy demand or in the availability of certain 
fuels  or  certain  generating  installations  creates  serious  technical  difficulties  for  the 
implementation  by  a  Member  State  of  its  programme  drawn  up  under  paragraph  1,  the 
Commission shall, at the request of the Member State concerned and taking into account the 
terms of the request, take a decision to modify, for that Member State, the emission ceilings 
and/or the dates set out in Annexes I and II and communicate its decision to the Council and 
to the Member States. Any Member State may within three months refer the decision of the 
Commission  to  the  Council.  The  Council,  acting  by  a  qualified  majority,  may  within  three 
months take a different decision. 

Article 4 

1. Without prejudice to Article 17 Member States shall take appropriate measures to ensure 
that all licences for the construction or, in the absence of such a procedure, for the operation 
of new plants which in the view of the competent authority are the subject of a full request for 
a licence before 27 November 2002, provided that the plant is put into operation no later than 
27 November 2003 contain conditions relating to compliance with the emission limit values 
laid down in part A of Annexes III to VII in respect of sulphur dioxide, nitrogen oxides and 
dust. 

EN 

44 

   EN 

 
 
 
(cid:208) 2001/80/EC Art. 9 (adapted) 

Article 33 

⌦ Emission limit values ⌫ 

1. Waste gases from combustion plants shall be discharged in ⌦ a ⌫ controlled ⌦ way ⌫ 
fashion by means of a stack, ⌦ containing one or more flues ⌫ , The licence referred to in 
Article  4  and  licences  for  combustion  plants  covered  by  Article  10  shall  lay  down  the 
discharge conditions. The competent authority shall in particular ensure that the stack height 
⌦ of  which ⌫  is  calculated  in  such  a  way  as  to  safeguard  ⌦ human ⌫  health  and  the 
environment. 

(cid:208) 2001/80/EC (adapted) 

2.  Member  States  shall  take  appropriate  measures  to  ensure  that  all  licences  for  the 
construction or, in the absence of such a procedure, for the operation of new plants, other than 
those covered by paragraph 1, contain conditions relating to compliance with ⌦ 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  1B  of  Annexes  VIII  to  VII  in  respect  of  sulphur  dioxide,  nitrogen  oxides 
and dust. 

⌦ 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. ⌫ 

(cid:208) 2001/80/EC Art. 7 (adapted) 

42.  The  competent  authority  may  allow  ⌦ grant  a  derogation ⌫  a  suspension  for  a 
maximum  of  six  months  from  the  obligation  to  comply  with  the  emission  limit  values 
provided  for  in  paragraphs  2  and  3  Article  4  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 ⌫ these limit values because of an interruption in 
the supply of low-sulphur fuel resulting from a serious shortage.  

⌦ Member  States  shall  immediately  inform ⌫  theThe  Commission  ⌦ of  any  derogation 
granted under the first subparagraph ⌫ shall immediately be informed of such cases. 

53.  The  competent  authority  may  allow  ⌦ grant ⌫  a  derogation  from  the  obligation  to 
comply with the emission limit values provided for in paragraphs 2 and 3 Article 4 in cases 
where  a ⌦ combustion ⌫  plant  which  normally ⌦ using ⌫  uses  only  gaseous  fuel,  and 
which  would  otherwise  need  to  be  equipped  with  a  waste  gas  purification  facility,  has  to 
resort  exceptionally,  and  for  a  period  not  exceeding  10  days  except  where  there  is  an 
overriding  need  to  maintain  energy  supplies,  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. ⌫ 

EN 

45 

   EN 

 
 
 
 
The ⌦ operator shall immediately inform the ⌫ competent authority shall immediately be 
informed of each specific case ⌦ referred to in the first subparagraph ⌫ as it arises.  

Member States shall inform the Commission immediately of ⌦ any derogation granted under 
the first ⌫ the cases referred to in this subparagraph. 

(cid:208) 2001/80/EC (adapted) 

Article 10 

6.  Where  a  combustion  plant  is  extended  by  at  least  50  MW,  the  emission  limit  values 
⌦ specified ⌫ as set in part 2B of Annexes VIII to VII shall apply to the new part of the 
plant  ⌦ affected  by  the  change ⌫  and  shall  be  ⌦ set ⌫  fixed  in  relation  to  the 
⌦ rated ⌫  thermal  capacity  ⌦ input ⌫  of  the  entire  ⌦ combustion ⌫  plant.  This 
provision shall not apply in the cases referred to in Article 8(2) and (3). 

Where  the  operator  of  a  combustion  plant  is  envisaging  a  change  according  to  Articles 
2(10)(b)  and  12(2)  of  Directive  96/61/EC,  the  emission  limit  values  as  set  out  in  part  B  of 
Annexes III to VII in respect of sulphur dioxide, nitrogen oxides and dust shall apply. 

(cid:208) 2001/80/EC Art. 4 (adapted) 

3. Without prejudice to Directive 96/61/EC and Council Directive 96/62/EC of 27 September 
1996 on ambient air quality assessment and management40, Member States shall, by 1 January 
2008 at the latest, achieve significant emission reductions by: 

(a)  taking  appropriate  measures  to  ensure  that  all  licences  for  the  operation  of 
existing  plants  contain  conditions  relating  to  compliance  with  the  emission  limit 
values established for new plants referred to in paragraph 1; or 

(b)  ensuring  that  existing  plants  are  subject  to  the  national  emission  reduction  plan 
referred to in paragraph 6; 

and, where appropriate, applying Articles 5, 7 and 8. 

4. Without prejudice to Directives 96/61/EC and 96/62/EC, existing plants may be exempted 
from  compliance  with  the  emission  limit  values  referred  to  in  paragraph  3  and  from  their 
inclusion in the national emission reduction plan on the following conditions: 

(a) the operator of an existing plant undertakes, in a written declaration submitted by 
30  June  2004  at  the  latest  to  the  competent  authority,  not  to  operate  the  plant  for 
more than 20000 operational hours starting from 1 January 2008 and ending no later 
than 31 December 2015; 

(b) the operator is required to submit each year to the competent authority a record of 
the used and unused time allowed for the plants' remaining operational life. 

5.  Member  States  may  require  compliance  with  emission  limit  values  and  time  limits  for 
implementation which are more stringent than those set out in paragraphs 1, 2, 3 and 4 and in 
Article 10. They may include other pollutants, and they may impose additional requirements 
or adaptation of plant to technical progress. 

40 

OJ L 296, 21.11.1996, p. 55. 

EN 

46 

   EN 

 
 
 
 
 
 
 
                                                 
6. Member States may, without prejudice to this Directive and Directive 96/61/EC, and taking 
into  consideration  the  costs  and  benefits  as  well  as  their  obligations  under  Directive 
2001/81/EC of the European Parliament and of the Council of 23 October 2001 on national 
emission  ceilings  for  certain  atmospheric  pollutants41  and  Directive  96/62/EC,  define  and 
implement  a  national  emission  reduction  plan  for  existing  plants,  taking  into  account,  inter 
alia, compliance with the ceilings as set out in Annexes I and II. 

The  national  emission  reduction  plan  shall  reduce  the  total  annual  emissions  of  nitrogen 
oxides  (NOx),  sulphur  dioxide  (SO2)  and  dust  from  existing  plants  to  the  levels  that  would 
have  been  achieved  by  applying  the  emission  limit  values  referred  to  in  paragraph  3  to  the 
existing  plants  in  operation  in  the  year  2000,  (including  those  existing  plants  undergoing  a 
rehabilitation plan in 2000, approved by the competent authority, to meet emission reductions 
required by national legislation) on the basis of each plant's actual annual operating time, fuel 
used  and  thermal  input,  averaged  over  the  last  five  years  of  operation  up  to  and  including 
2000. 

The closure of a plant included in the national emission reduction plan shall not result in an 
increase in the total annual emissions from the remaining plants covered by the plan. 

The  national  emission  reduction  plan  may  under  no  circumstances  exempt  a  plant  from  the 
provisions  laid  down  in  relevant  Community  legislation,  including  inter  alia  Directive 
96/61/EC. 

The following conditions shall apply to national emission reduction plans: 

(a) the plan shall comprise objectives and related targets, measures and timetables for 
reaching these objectives and targets, and a monitoring mechanism; 

(b)  Member  States  shall  communicate  their  national  emission  reduction  plan  to  the 
Commission no later than 27 November 2003; 

(c) within six months of the communication referred to in point (b) the Commission 
shall  evaluate  whether  or  not  the  plan  meets  the  requirements  of  this  paragraph. 
When the Commission considers that this is not the case, it shall inform the Member 
State and within the subsequent three months the Member State shall communicate 
any measures it has taken in order to ensure that the requirements of this paragraph 
are met; 

(d)  the  Commission  shall,  no  later  than  27  November  2002,  develop  guidelines  to 
assist Member States in the preparation of their plans. 

7.  Not  later  than  31  December  2004  and  in  the  light  of  progress  towards  protecting  human 
health  and  attaining  the  Community's  environmental  objectives  for  acidification  and  for  air 
quality pursuant to Directive 96/62/EC, the Commission shall submit a report to the European 
Parliament and the Council in which it shall assess: 

(a) the need for further measures; 

(b) the amounts of heavy metals emitted by large combustion plants; 

(c) the cost-effectiveness and costs and advantages of further emission reductions in 
the combustion plants sector in Member States compared to other sectors; 

(d) the technical and economic feasibility of such emission reductions; 

41 

See p. 22 of this Edition of the Official Journal. 

EN 

47 

   EN 

 
 
 
 
 
 
 
 
 
                                                 
(e)  the  effects  of  both  the  standards  set  for  the  large  combustion  plants  sector 
including the provisions for indigenous solid fuels, and the competition situation in 
the energy market, on the environment and the internal market; 

(f) any national emission reduction plans provided by Member States in accordance 
with paragraph 6. 

The Commission shall include in its report an appropriate proposal of possible end dates or of 
lower limit values for the derogation contained in footnote 2 to Annex VI A. 

8.  The  report  referred  to  in  paragraph  7  shall,  as  appropriate,  be  accompanied  by  related 
proposals, having regard to Directive 96/61/EC. 

By way of derogation from Annex III: 

Article 5 

(cid:208) 2001/80/EC  

(1) Plants, of a rated thermal input equal to or greater than 400 MW, which do not 
operate  more  than  the  following  numbers  of  hours  a  year  (rolling  average  over  a 
period of five years), 

– 

until 31 December 2015, 2000 hours; 

from 1 January 2016, 1500 hours; 

– 
shall be subject to a limit value for sulphur dioxide emissions of 800 mg/Nm3. 

This provision shall not apply to new plants for which the licence is granted pursuant 
to Article 4(2). 

(2) Until 31 December 1999, the Kingdom of Spain may authorise new power plants 
with  a  rated  thermal  input  equal  to  or  greater  than  500  MW  burning  indigenous  or 
imported solid fuels, commissioned before the end of 2005 and complying with the 
following requirements: 

(a) in the case of imported solid fuels, a sulphur dioxide emission limit value of 
800 mg/Nm3; 

(b)  in  the  case  of  indigenous  solid  fuels,  at  least  a  60 %  rate  of 
desulphurisation, 

provided  that  the  total  authorised  capacity  of  such  plants  to  which  this  derogation 
applies does not exceed: 

– 

– 

2000 MWe in the case of plants burning indigenous solid fuels; 

in the case of plants burning imported solid fuels either 7500 or 50 % of all the 
new  capacity  of  all  plants  burning  solid  fuels  authorised  up  to  31  December 
1999, whichever is the lower. 

In the case of new plants for which the licence is granted pursuant to Article 4(2) or plants 
covered by Article 10, Member States shall ensure that the technical and economic feasibility 
of  providing  for  the  combined  generation  of  heat  and  power  is  examined.  Where  this 

Article 6 

EN 

48 

   EN 

 
 
 
 
 
 
 
 
 
 
 
feasibility is confirmed, bearing in mind the market and the distribution situation, installations 
shall be developed accordingly. 

(cid:208) 2001/80/EC (adapted) 

Article 347 

⌦ Malfunction or breakdown of the abatement equipment ⌫ 

1. Member States shall ensure that provision is made in the licences or permits referred to in 
Article 4 for procedures relating to malfunction or breakdown of the abatement equipment.  

2. In case of a breakdown the competent authority shall in particular 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.  

In  any  case  Thethe  competent  authority  ⌦ operator ⌫  shall  be  notified  ⌦  notify the 
competent  authority ⌫  within  48  hours  ⌦ after  the  malfunction  or  breakdown  of  the 
abatement equipment ⌫ .  

In no circumstances shall Thethe cumulative duration of unabated operation ⌦ shall not ⌫ 
in any twelve-month period exceed 120 hours ⌦ in any twelve-month period ⌫ .  

The  competent  authority  may  allow  exceptions  ⌦ grant  a  derogation  from ⌫  to  the 
⌦ time ⌫  limits  ⌦ set  out  in  the  first  and  third  subparagraphs ⌫  of  24  hours  and  120 
hours above in ⌦ one of the following ⌫ cases where, in their judgement: 

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

(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. 

(cid:208) 2001/80/EC (adapted) 

Article 3512 

⌦ Monitoring of emissions into air ⌫ 

1.  Member  States  shall  take  the  necessary  measures  to  ensure  ⌦ that ⌫  the  monitoring 
⌦ of air polluting substances is carried out ⌫ in accordance with Part 3 of Annex VVIII(A), 
of  emissions  from  the  combustion  plants  covered  by  this  Directive  and  of  all  other  values 
required  for  the  implementation  of  this  Directive.  Member  States  may  require  that  such 
monitoring shall be carried out at the operator's expense. 

(cid:216) new 

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. 

EN 

49 

   EN 

 
 
 
 
 
 
(cid:208) 2001/80/EC (adapted) 

Article 36 

⌦ 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. ⌫ 

(cid:208) 2001/80/EC (adapted) 
(cid:214) new 

Article 378 

⌦ Multi-fuel firing combustion plants ⌫  

1. In the case of plants with a multi- ⌦ fuel ⌫ firing ⌦ combustion plant ⌫ unit involving 
the simultaneous use of two or more fuels, when granting the licence referred to in Articles 
4(1)  or  4(2),  and  in  the  case  of  such  plants  covered  by  Articles  4(3)  or  10,  the  competent 
authority shall set the emission limit values ⌦ in accordance with the following steps ⌫ as 
follows: 

(a) firstly by taking ⌦ 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 ⌫ given in Parts 1 and 2 of Annexes VIII to VII, 

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

(c) thirdly by aggregating ⌦ aggregate ⌫ the fuel-weighted ⌦ emissions ⌫ limit 
values. 

2.  In  ⌦ case  of ⌫  multi-  ⌦ fuel ⌫  firing  ⌦ combustion  plants ⌫  units  using  the 
distillation  and  conversion  residues  from  ⌦ refining  of ⌫  crude-oil  refining  for  own 
consumption, alone or with other fuels, (cid:214) 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. the provisions for the fuel with the highest emission limit value 
(determinative fuel) shall apply, notwithstanding paragraph 1 above, if during the operation of 
the combustion plant the proportion contributed by that fuel to the sum of the thermal inputs 
delivered by all fuels is at least 50 %. 

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).  

(cid:216) new 

EN 

50 

   EN 

 
 
 
 
 
 
 
(cid:208) 2001/80/EC (adapted) 
(cid:206)1 Corrigendum, OJ L 319, 
23.11.2002, p. 30 

Where the proportion of the determinative fuel is lower than 50 %, the emission limit value is 
determined on a pro rata basis of the heat input supplied by the individual fuels in relation to 
the sum of the thermal inputs delivered by all fuels as follows: 

(a)  firstly  by  taking  the  emission  limit  value  relevant  for  each  individual  fuel  and 
pollutant  corresponding  to  the  rated  heat  input  of  the  combustion  plant  as  given  in 
Annexes III to VII, 

(b)  secondly  by  calculating  the  emission  limit  value  of  the  determinative  fuel  (fuel 
with the highest emission limit value according to Annexes III to VII and, in the case 
of two fuels having the same emission limit value, the fuel with the higher thermal 
input);  this  value  is  obtained  by  multiplying  the  emission  limit  value  laid  down  in 
Annexes III to VII for that fuel by a factor of two, and subtracting from this product 
the emission limit value of the fuel with the lowest emission limit value, 

(c)  thirdly  by  determining  the  fuel-weighted  emission  limit  values,  which  are 
obtained by multiplying the calculated fuel emission limit value by the thermal input 
of  the  determinative  fuel  and  the  other  individual  emission  limit  values  by  the 
thermal input delivered by each fuel, the product of multiplication being divided by 
the sum of the thermal inputs delivered by all fuels, 

(d) fourthly by aggregating the fuel-weighted emission limit values. 

3. As an alternative to paragraph 2, the following average emission limit values for sulphur 
dioxide may be applied (irrespective of the fuel combination used): 

(a)  for  plants  referred  to  in  Article  4(1)  and  (3):  1000 mg/Nm3,  averaged  over  all 
such plants within the refinery; 
(b) for new plants referred to in Article 4(2): 600 mg/Nm3 , averaged over all such 
plants within the refinery, with the exception of gas turbines. 

The competent authorities shall ensure that the application of this provision does not lead to 
an increase in emissions from existing plants. 

4. In the case of plants with a multi-firing unit involving the alternative use of two or more 
fuels,  when  granting  the  licence  referred  to  in  Article  4(1)  and  (2),  and  in  the  case  of  such 
plants covered by Articles 4(3) or 10, the emission limit values set out in Annexes III to VII 
corresponding to each fuel used shall be applied. 

Article 11 

In the case of construction of combustion plants which are likely to have significant effects on 
the environment in another Member State, the Member States shall ensure that all appropriate 
information  and  consultation  takes place,  in  accordance  with  Article  7  of  Council  Directive 
85/337/EEC  of  27  June  1985  on  the  assessment  of  the  effects  of  certain  public  and  private 
projects on the environment42. 

42 

OJ  L  175,  5.7.1985,  p.  40.  Directive  as  last  amended  by  Council  Directive  97/11/EC  (OJ  L  73, 
14.3.1997, p. 5). 

EN 

51 

   EN 

 
 
 
 
 
 
 
 
                                                 
Article 13 

Member  States  shall  take  appropriate  measures  to  ensure  that  the  operator  informs  the 
competent  authorities  within  reasonable  time  limits  about  the  results  of  the  continuous 
measurements, the checking of the measuring equipment, the individual measurements and all 
other measurements carried out in order to assess compliance with this Directive. 

Article 15 

1.  Member  States  shall,  not  later  than  31  December  1990,  inform  the  Commission  of  the 
programmes drawn up in accordance with Article 3(1). 

At  the  latest  one  year  after  the  end  of  the  different  phases  for  reduction  of  emissions  from 
existing plants, the Member States shall forward to the Commission a summary report on the 
results of the implementation of the programmes. 

An intermediate report is required as well in the middle of each phase. 

2. The reports referred to in paragraph 1 shall provide an overall view of: 

(a) all the combustion plants covered by this Directive, 

(b)  emissions  of  sulphur  dioxide,  and  oxides  of  nitrogen  expressed  in  tonnes  per 
annum and as concentrations of these substances in the waste gases, 

(c) measures already taken or envisaged with a view to reducing  emissions,  and of 
changes in the choice of fuel used, 

(d) changes in the method of operation already made or envisaged, 

(e) definitive closures of combustion plants already effected or envisaged, and 

(f)  where  appropriate,  the  emission  limit  values  imposed  in  the  programmes  in 
respect of existing plants. 

When determining the annual emissions and concentrations of pollutants in the waste gases, 
Member States shall take account of Articles 12, 13 and 14. 

3. Member States applying Article 5 or the provisions of the Nota Bene in Annex III or the 
footnotes in Annex VI.A shall report thereon annually to the Commission. 

Article 17 

1.  Directive  88/609/EEC  shall  be  repealed  with  effect  from  27  November  2002,  without 
prejudice to paragraph 2 or to the obligations of Member States concerning the time limits for 
transposition and application of that Directive listed in Annex IX hereto. 

2.  In  the  case  of  new  plants  licensed  (cid:206)1 before  27  November  2002  as  specified  in  Article 
4(1)  of this Directive, Article 4(1), Article 5(2), Article 6, Article 15(3), Annexes III, VI, 
VIII and point A.2 of Annex IX to Directive 88/609/EEC as amended by Directive 94/66/EC 
shall remain in effect until 1 January 2008 after which they shall be repealed. 

3. References to Directive 88/609/EEC shall be construed as references to this Directive and 
in  Annex  X  hereto.
shall  be 

in  accordance  with 

the  correlation 

table 

read 

EN 

52 

   EN 

 
 
 
 
 
 
 
(cid:208) 2000/76/EC (adapted) 

Chapter IV 

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

(cid:208) 2000/76/EC (adapted) 

Article 1 

Objectives 

The aim of this Directive is to prevent or to limit as far as practicable negative effects on the 
environment,  in  particular  pollution  by  emissions  into  air,  soil,  surface  water  and 
groundwater,  and  the  resulting  risks  to  human  health,  from  the  incineration  and  co-
incineration of waste. 

This  aim  shall  be  met  by  means  of  stringent  operational  conditions  and  technical 
requirements, through setting emission limit values for waste incineration and co-incineration 
plants  within  the  Community  and  also  through  meeting  the  requirements  of  Directive 
75/442/EEC. 

(cid:208) 2000/76/EC (adapted) 

Article 382  

Scope 

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

to  ⌫  covers  ⌦ waste ⌫ 

Article 3 

Definitions 

For  the  purposes  of  this  Chapter  Directive  ⌦ waste  incineration  plants  and  waste  co-
incineration plants shall include ⌫ 

1. "waste" means any solid or liquid waste as defined in Article 1(a) of Directive 75/442/EEC; 

2.  "hazardous  waste"  means  any  solid  or  liquid  waste  as  defined  in  Article  1(4)  of  Council 
Directive 91/689/EEC of 12 December 1991 on hazardous waste(19). 

For  the  following  hazardous  wastes,  the  specific  requirements  for  hazardous  waste  in  this 
Directive shall not apply: 

(a) combustible liquid wastes including waste oils as defined in Article 1 of Council Directive 
75/439/EEC  of  16  June  1975  on  the  disposal  of  waste  oils(20)  provided  that  they  meet  the 
following criteria: 

EN 

53 

   EN 

 
 
 
 
(i) the mass content of polychlorinated aromatic hydrocarbons, e.g. polychlorinated biphenyls 
(PCB) or pentachlorinated phenol (PCP) amounts to concentrations not higher than those set 
out in the relevant Community legislation; 

(ii) these wastes are not rendered hazardous by virtue of containing other constituents listed in 
Annex  II  to  Directive  91/689/EEC  in  quantities  or  in  concentrations  which  are  inconsistent 
with the achievement of the objectives set out in Article 4 of Directive 75/442/EEC; and 

(iii) the net calorific value amounts to at least 30 MJ per kilogramme, 

(b) any combustible liquid wastes which cannot cause, in the flue gas directly resulting from 
their  combustion,  emissions  other  than  those  from  gasoil  as  defined  in  Article  1(1)  of 
Directive 93/12/EEC(21) or a higher concentration of emissions than those resulting from the 
combustion of gasoil as so defined; 

3. "mixed municipal waste" means waste from households as well as commercial, industrial 
and institutional waste, which because of its nature and composition is similar to waste from 
households,  but  excluding  fractions  indicated  in  the  Annex  to  Decision  94/3/EC(22)  under 
heading 20 01 that are collected separately at source and excluding the other wastes indicated 
under heading 20 02 of that Annex; 

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

This definition covers the site and the entire incineration plant including 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 exhaust ⌦ 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;. 

5. « co-incineration plant» means any stationary or mobile plant whose main purpose is the 
generation of energy or production of material products and: which uses wastes as a regular or 
additional fuel; or in which waste is thermally treated for the purpose of disposal. 

Ifif  co-incineration  takes  place  in  such  a  way  that  the  main  purpose  of  the  plant  is  not  the 
generation  of  energy  or  production  of  material  products  but  rather  the  thermal  treatment  of 
waste, the plant shall be regarded as an ⌦ a waste ⌫ incineration plant. within the meaning 
of point 4; 

This  definition  covers  the  site  and  the  entire  plant  including  all  co-incineration  lines,  waste 
reception, storage, on site pretreatment facilities, waste-, fuel- and air-supply systems, boiler, 
facilities  for  the  treatment  of  exhaust  gases,  on-site  facilities  for  treatment  or  storage  of 
residues  and  waste  water,  stack  devices  and  systems  for controlling  incineration  operations, 
recording and monitoring incineration conditions; 

6. "existing co-incineration or co-incineration plant" means an incineration or co-incineration 
plant: 

(a)  which is in operation and has a permit in accordance with existing Community 

legislation before 28 December 2002, or, 

(b)  which is authorised or registered for incineration or co-incineration and has a 
permit  issued  before  28  December  2002  in  accordance  with  existing 

EN 

54 

   EN 

 
Community  legislation,  provided  that  the  plant  is  put  into  operation  not  later 
than 28 December 2003, or 

(c)  which,  in the view  of the competent  authority, is the subject of a full request 
for  a  permit,  before  28  December  2002,  provided  that  the  plant  is  put  into 
operation not later than 28 December 2004; 

7. «nominal capacity» means the sum of the incineration capacities of the furnaces of which 
an  incineration  plant  is  composed,  as  specified  by  the  constructor  and  confirmed  by  the 
operator,  with  due  account  being  taken,  in  particular,  of  the  calorific  value  of  the  waste, 
expressed as the quantity of waste incinerated per hour; 

8. «emission» means the direct or indirect release of substances, vibrations, heat or noise from 
individual or diffuse sources in the plant into the air, water or soil; 

9. «emission limit values» means the mass, expressed in terms of certain specific parameters, 
concentration  and/or  level  of  an  emission,  which  may  not  be  exceeded  during  one  or  more 
periods of time; 

10.  «dioxins  and  furans»  means  all  polychlorinated  dibenzo-p-dioxins  and  dibenzofurans 
listed in Annex I; 

11. «operator» means any natural or legal person who operates or controls the plant or, where 
this  is  provided  for  in  national  legislation,  to  whom  decisive  economic  power  over  the 
technical functioning of the plant has been delegated; 

12. «permit» means a written decision (or several such decisions) delivered by the competent 
authority  granting  authorisation  to  operate  a  plant,  subject  to  certain  conditions  which 
guarantee  that  the  plant  complies  with  all  the  requirements  of  this  Directive.  A  permit  may 
cover one or more plants or parts of a plant on the same site operated by the same operator; 

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

2. The following plants shall however be excluded from the scope of this Directive: ⌦ This 
Chapter shall not apply to the following plants: ⌫ 

(cid:208) 2000/76/EC Art. 2 (adapted) 

(a) 

plants treating only the following wastes: 

⌦ (i)  waste listed in point (b) of Article 3(21), ⌫ 

(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)  wood  waste  with  the  exception  of  wood  waste  which  may  contain 
halogenated organic compounds or heavy metals as a result of treatment 

EN 

55 

   EN 

 
 
with wood preservatives or coating, and which includes in particular such 
wood waste originating from construction and demolition waste; 

(v) 

cork waste; 

(iivi)  radioactive waste, 

(iiivii)  animal  carcasses  as  regulated  by  Directive  90/667/EEC  without 
prejudice to its future amendments 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 
consumption43; 

(ivviii) 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. 

(cid:208) 2000/76/EC (adapted) 

Article 394 

Applications ⌦ for ⌫ and permits 

1.  Without  prejudice  to  Article  11  of  Directive  75/442/EEC  or  to  Article  3  of  Directive 
91/689/EEC, no incineration or co-incineration plant shall operate without a permit to carry 
out these activities. 

2.  Without  prejudice  to  Directive  96/61/EC,  the  ⌦ An ⌫  application  for  a  permit  for  an 
⌦ a  waste ⌫  incineration  ⌦ plant ⌫  or  ⌦ waste ⌫  co-incineration  plant  to  the 
competent  authority  shall  include  a  description  of  the  measures  which  are  envisaged  to 
guarantee that ⌦ the following requirements are met ⌫ : 

(a) 

(b) 

(c) 

(d) 

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

the heat generated during the incineration and co-incineration process is recovered as 
far  as  practicable  e.g.  through  combined  heat  and  power,  the  ⌦ generation ⌫ 
generating of process ⌦ heat ⌫ , steam or ⌦ power ⌫ district heating; 

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

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

3. The permit shall be granted only if the application shows that the proposed measurement 
techniques  for  emissions  into  the  air  comply  with  Annex  III  and,  as  regards  water,  comply 
with Annex III paragraphs 1 and 2. 

43 

OJ L 273, 10.10.2002, p. 1. 

EN 

56 

   EN 

 
 
                                                 
Article 40 

⌦ Permit conditions ⌫ 

14. The permit ⌦ shall include the following ⌫ granted by the competent authority for an 
incineration  or  co-incineration  plant  shall,  in  addition  to  complying  with  any  applicable 
requirement  laid  down  in  Directives  91/271/EEC,  96/61/EC,  96/62/EC,  76/464/EEC  and 
1999/31/EC: 

(a)  ⌦ a ⌫  list  ⌦ of  all ⌫  explicitly  the  categories  of  waste  which  may  be  treated. 
The  list  shall  use  ⌦ using ⌫  at  least  the  categories  of  waste  set  up  in  the 
European Waste  List  established  by  Commission  Decision  2000/532/EC  European 
Waste  Catalogue  (EWC),if  possible,  and  contain  ⌦ containing ⌫  information  on 
the quantity of ⌦ each category of ⌫ waste, where appropriate; 

(b) 

include the total waste incinerating or co-incinerating capacity of the plant; 

(cid:208) 2000/76/EC Art. 8(6) (adapted) 

6. The permit shall: 

(ca) 

establish emission ⌦ the ⌫ limit values for ⌦ emissions to air and water; ⌫ the 
polluting substances referred to in Annex IV, in accordance with paragraph 2 and in 
order to meet the requirements referred to in paragraph 3(a);  

(db) 

set  operational  control  parameters  for  waste  water  at  least  the ⌦ requirements ⌫ 
for the pH, temperature and flow ⌦ of waste water discharges; ⌫  

(ec) 

(f) 

(cid:208) 2000/76/EC (adapted) 

specify  the  sampling  and  measurement  procedures  ⌦ and  frequencies ⌫  used  to 
satisfy  the  obligations  imposed  for  periodic  measurements  of  each  air  and  water 
pollutants  ⌦ to  be  used  to  comply  with  the  conditions  set  for  emission 
monitoring ⌫ ;. 

(cid:208) 2000/76/EC Art. 13 (adapted) 

1.The  competent  authority  shall  lay  down  in  the  permit  the  maximum  permissible 
period  of  any  technically  unavoidable  stoppages,  disturbances,  or  failures  of  the 
purification devices or the measurement devices, during which the ⌦ emissions ⌫ 
concentrations  in  the  discharges  into  the  air  and  the  purified  waste  water  of  the 
regulated substances ⌦ the discharges of waste water ⌫ may exceed the prescribed 
emission limit values. 

(cid:208) 2000/76/EC (adapted) 

25. ⌦ In addition to the requirements set out in  paragraph 1, ⌫ theThe permit granted by 
the  competent  authority  to  an ⌦ a  waste ⌫  incineration ⌦ plant ⌫  or  ⌦ waste ⌫  co-
incineration  plant  using  hazardous  waste  shall  ⌦ include  the  following ⌫  in  addition  to 
paragraph 4: 

(a)  ⌦ a ⌫  list ⌦ of ⌫  the  quantities  of  the  different categories  of  hazardous  waste 

which may be treated; 

EN 

57 

   EN 

 
 
 
 
 
(b) 

specify  the  minimum  and  maximum  mass  flows  of  those  hazardous  wastes,  their 
lowest and maximum calorific values and their maximum contents of pollutants, e.g. 
PCB,  PCP,  chlorine,  fluorine,  sulphur,  heavy  metals  ⌦ and  other  polluting 
substances ⌫ . 

36. Without prejudice to the provisions of the Treaty, Member States may list the categories 
of  waste  to  be  ⌦ included ⌫  mentioned  in  the  permit  which  can  be  co-incinerated  in 
⌦ certain ⌫ defined categories of ⌦ waste ⌫ co-incineration plants. 

7. Without prejudice to Directive 96/61/EC, 4. Thethe competent authority shall periodically 
reconsider and, where necessary, update permit conditions.  

9.  If  an  incineration  or  co-incineration  plant  does  not  comply  with  the  conditions  of  the 
permit, in particular with the emission limit values for air and water, the competent authority 
shall take action to enforce compliance. 

Article 417 

⌦ Control of emissions ⌫ Air emission limit values 

(cid:208) 2000/76/EC Art. 6(5) (adapted) 

15. Incineration and co-incineration plants shall be designed, equipped, built and operated in 
such  a  way  as  to  prevent  emissions  into  the  air  giving  rise  to  significant  ground-level  air 
pollution;  in  particular,  exhaust  ⌦ Waste ⌫  gases  ⌦ from  waste  incineration  plants 
and waste  co-incineration  plants ⌫  shall  be  discharged  in  a  controlled ⌦ way ⌫  fashion 
and  in  conformity  with  relevant  Community  air  quality  standards  by  means  of  a  stack  the 
height  of  which  is  calculated  in  such  a  way  as  to  safeguard  human  health  and  the 
environment. 

(cid:208) 2000/76/EC (adapted) 

21.⌦ 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 ⌫ Incineration plants shall be designed, equipped, built 
and operated in such a way that the emission limit values set out in Annex V are not exceeded 
in the exhaust gas. 

2. Co-incineration plants shall be designed, equipped, built and operated in such a way that 
the emission limit values determined according to or set out in Annex II are not exceeded in 
the exhaust gas. 

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 V shall apply. 

3. The results of the measurements made to verify compliance with the emission limit values 
shall be standardised with respect to the conditions laid down in Article 11. 

4. In the case of co-incineration of untreated mixed municipal waste, the limit values will be 
determined according to Annex V, and Annex II will not apply. 

5.  Without  prejudice  to  the  provisions of the  Treaty, Member States may set emission limit 
values for polycyclic aromatic hydrocarbons or other pollutants. 

EN 

58 

   EN 

 
 
 
Article 8 

Water discharges from the cleaning of exhaust gases 

1.  Waste  water  from  the  cleaning  of  exhaust  gases  discharged  from  an  incineration  or  co-
incineration plant shall be subject to a permit granted by the competent authorities. 

32.  Discharges  to  the  aquatic  environment  of  waste  water  resulting  from  the  cleaning  of 
⌦ waste ⌫ exhaust gases shall be limited as far as practicable, ⌦ and the concentrations of 
polluting substances shall not exceed ⌫ at least in accordance with the emission limit values 
set ⌦ out ⌫ in Part 5 of Annex VI IV. 

3. Subject to a specific provision in the permit, the waste water from the cleaning of exhaust 
gases may be discharged to the aquatic environment after separate treatment on condition that: 

(a) the requirements of relevant Community, national and local provisions are complied with 
in the form of emission limit values; and 

(b) the mass concentrations of the polluting substances referred to in Annex IV do not exceed 
the emission limit values laid down therein. 

4. The emission limit values shall apply at the point where waste waters from the cleaning of 
exhaust ⌦ waste ⌫  gases  containing  the  polluting  substances  referred  to  in  Annex  IV  are 
discharged  from  the  ⌦ waste ⌫  incineration  ⌦ plant ⌫  or  ⌦ waste ⌫  co-incineration 
plant. 

Where the waste water from the cleaning of exhaust gases is treated on site collectively with 
other on-site sources of waste water, the operator shall take the measurements referred to in 
Article 11: 

(a) on the waste water stream from the exhaust gas cleaning processes prior to its input into 
the collective waste water treatment plant; 

(b)  on  the  other  waste  water  stream  or  streams  prior  to  its  or  their  input  into  the  collective 
waste water treatment plant; 

(c) at the point of final waste water discharge, after the treatment, from the incineration plant 
or co-incineration plant. 

The  operator  shall  take  appropriate  mass  balance  calculations  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  exhaust  gases  in  order  to  check  compliance  with  the  emission 
limit  values  set  out  in  Annex  IV  for  the  waste  water  stream  from  the  exhaust  gas  cleaning 
process. 

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

5.  When  waste  waters  from  the  cleaning  of  exhaust  ⌦ waste ⌫  gases  containing  the 
polluting substances referred to in Annex IV 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 of ⌦ set out in ⌫ Part 5 of 
Annex VI IV are to 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, ⌫ 

If this off-site treatment plant is not only dedicated to treat waste water from incineration, the 
operator  shall  ⌦ make ⌫  take  the  appropriate  mass  balance  calculations,  ⌦ using  the 
results  of  the  measurements  set  out ⌫  as  provided  for ⌦ in ⌫  under  paragraph  4(a),  (b) 

EN 

59 

   EN 

 
and (c), ⌦ 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 exhaust ⌦ waste ⌫ gases in order to check compliance with the emission limit values set 
out in Annex IV for the waste water stream from the exhaust gas cleaning process. 

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 IV. 

57. ⌦ 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. 

in accordance with the provisions provided for in relevant Community legislation. Moreover, 
Sstorage 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. 

8.  Without  prejudice  to  the provisions  of  the  Treaty,  Member States may set emission limit 
values for polycyclic aromatic hydrocarbons or other pollutants. 

(cid:208) 2000/76/EC Art. 13 (adapted) 

63.  Without  prejudice  to  Article  6(3)(c)45(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 ⌫  incineration  line  shall  under  no 
circumstances continue to incinerate waste for a period of more than four hours uninterrupted 
where emission limit values are exceeded.; moreover,  

Thethe  cumulative  duration  of  operation  in  such  conditions  over  one  year  shall  ⌦ not 
exceed ⌫ be less than 60 hours.  

The  ⌦ time  limit  set  out  in  the  second  subparagraph  shall  ⌫  60-hour  duration  applies 
⌦ apply ⌫ to those ⌦ furnaces ⌫ lines of the entire plant which are linked to one single 
⌦ waste ⌫ flue gas cleaning device.  

(cid:208) 2000/76/EC (adapted) 

Article 4213 

Abnormal operating conditions ⌦ Breakdown ⌫ 

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

(cid:208) 2000/76/EC (adapted) 

Article 4311 

Measurement requirements ⌦ Monitoring of emissions ⌫ 

1. Member States shall, either by specification in the conditions of the permit or by general 
binding  rules,  ensure  that ⌦ the  monitoring  of  emissions  is  carried  out  in  accordance  with 

EN 

60 

   EN 

 
 
 
 
Parts 6 and 7 of Annex VI ⌫ paragraphs 2 to 12 and 17, as regards air, and paragraphs 9 and 
14 to 17, as regards water, are complied with. 

2.  The  following  measurements  of  air  pollutants  shall  be  carried  out  in  accordance  with 
Annex III at the incineration and co-incineration plant: 

(a) continuous measurements of the following substances: NOx, provided that emission limit 
values are set, CO, total dust, TOC, HCl, HF, SO2; 

(b) continuous measurements of the following process operation parameters: temperature near 
the inner wall or at another representative point of the combustion chamber as authorised by 
the  competent  authority,  concentration  of  oxygen,  pressure,  temperature  and  water  vapour 
content of the exhaust gas; 

(c) at least two measurements per year of heavy metals, dioxins and furans; one measurement 
at least every three months shall however be carried out for the first 12 months of operation. 
Member  States  may  fix  measurement  periods  where they have set emission  limit values  for 
polycyclic aromatic hydrocarbons or other pollutants. 

3.  The  residence  time  as  well  as  the  minimum  temperature  and  the  oxygen  content  of  the 
exhaust gases shall be subject to appropriate verification, at least once when the incineration 
or  co-incineration  plant  is  brought  into  service  and  under  the  most  unfavourable  operating 
conditions anticipated. 

4. The continuous measurement of HF may  be  omitted if treatment stages for HCl are used 
which  ensure  that  the  emission  limit  value  for  HCl  is  not  being  exceeded.  In  this  case  the 
emissions of HF shall be subject to periodic measurements as laid down in paragraph 2(c). 

5.  The  continuous  measurement  of  the  water  vapour  content  shall  not  be  required  if  the 
sampled exhaust gas is dried before the emissions are analysed. 

6.  Periodic  measurements  as  laid  down  in  paragraph  2(c)  of  HCl,  HF  and  SO2  instead  of 
continuous  measuring  may  be  authorised  in  the  permit  by  the  competent  authority  in 
incineration  or  co-incineration  plants,  if  the  operator  can  prove  that  the  emissions  of  those 
pollutants can under no circumstances be higher than the prescribed emission limit values. 

7. The reduction of the frequency of the periodic measurements for heavy metals from twice a 
year to once every two years and for dioxins and furans from twice a year to once every year 
may  be  authorised  in  the  permit  by  the  competent  authority  provided  that  the  emissions 
resulting  from  co-incineration  or  incineration  are  below  50  %  of  the  emission  limit  values 
determined according to Annex II or Annex V respectively and provided that criteria for the 
requirements to be met, developed in accordance with the procedure laid down in Article 17, 
are  available.  These  criteria  shall  at  least  be  based  on  the  provisions  of  the  second 
subparagraph, points (a) and (d). 

Until 1 January 2005 the reduction of the frequency may be authorised even if no such criteria 
are available provided that: 

(a)  the  waste  to  be  co-incinerated  or  incinerated  consists  only  of  certain  sorted  combustible 
fractions  of  non-hazardous  waste  not  suitable  for  recycling  and  presenting  certain 
characteristics,  and  which  is  further  specified  on  the  basis  of  the  assessment  referred  to  in 
subparagraph (d); 

(b)  national  quality  criteria,  which  have  been  reported  to  the  Commission,  are  available  for 
these wastes; 

(c)  co-incineration  and  incineration  of  these  wastes  is  in  line  with  the  relevant  waste 
management plans referred to in Article 7 of Directive 75/442/EEC; 

EN 

61 

   EN 

 
(d)  the  operator  can  prove  to  the  competent  authority  that  the  emissions  are  under  all 
circumstances significantly below the emission limit values set out in Annex II or Annex V 
for  heavy  metals,  dioxins  and  furans;  this  assessment  shall  be  based  on  information  on  the 
quality of the waste concerned and measurements of the emissions of the said pollutants; 

(e) the quality criteria and the new period for the periodic measurements are specified in the 
permit; and 

(f) all decisions on the frequency of measurements referred to in this paragraph, supplemented 
with information on the amount and quality of the waste concerned, shall be communicated 
on a yearly basis to the Commission. 

8. The results of the measurements made to verify compliance with the emission limit values 
shall be standardised at the following conditions and for oxygen according to the formula as 
referred to in Annex VI: 

(a)  Temperature  273  K,  pressure  101,3  kPa,  11  %  oxygen,  dry  gas,  in  exhaust  gas  of 
incineration plants; 

(b)  Temperature  273  K,  pressure  101,3  kPa,  3  %  oxygen,  dry  gas,  in  exhaust  gas  of 
incineration of waste oil as defined in Directive 75/439/EEC; 

(c) when the wastes are incinerated or co-incinerated in an oxygen-enriched atmosphere, the 
results  of  the  measurements  can  be  standardised  at  an  oxygen  content  laid  down  by  the 
competent authority reflecting the special circumstances of the individual case; 

(d) in the case of co-incineration, the results of the measurements shall be standardised at a 
total oxygen content as calculated in Annex II. 

When the emissions of pollutants are reduced by exhaust gas treatment in an incineration or 
co-incineration plant treating hazardous waste, the standardisation with respect to the oxygen 
contents  provided  for  in  the  first  subparagraph  shall  be  done  only  if  the  oxygen  content 
measured over the same period as for the pollutant concerned exceeds the relevant standard 
oxygen content. 

(cid:208) 2000/76/EC (adapted) 

Article 10 

Control and monitoring 

1.  Measurement  equipment  shall  be  installed  and  techniques  used  in  order  to  monitor  the 
parameters, conditions and mass concentrations relevant to the incineration or co-incineration 
process. 

2.  The  measurement  requirements  shall  be  laid  down  in  the  permit  or  in  the  conditions 
attached to the permit issued by the competent authority. 

23.  The  appropriate  installation  and  the  functioning  of  the  automated  ⌦ measuring 
systems ⌫ monitoring equipment for emissions into air and water shall be subject to control 
and  to  an  annual  surveillance  test ⌦ tests  as  set  out  in  point  1  of  Part  6  of  Annex  VI. ⌫ 
Calibration has to be done by means of parallel measurements with the reference methods at 
least every three years. 

EN 

62 

   EN 

 
 
34.  The  ⌦ competent  authority  shall  determine  the ⌫  location  of  the  sampling  or 
measurement points ⌦ to be used for monitoring of emissions ⌫ shall be laid down by the 
competent authority. 

5.  Periodic  measurements  of  the  emissions  into  the  air  and  water  shall  be  carried  out  in 
accordance with Annex III, points 1 and 2. 

(cid:208) 2000/76/EC Art 11 (adapted) 

49. All ⌦ monitoring ⌫ measurement results shall be recorded, processed and presented in 
⌦ a  way ⌫  an  appropriate  fashion  in  order  to  enable  the  competent  authorities 
⌦ authority ⌫  to  verify  compliance  with  the  permitted  operating  conditions  and  emission 
limit values ⌦ which are included in the permit ⌫ laid down in this Directive in accordance 
with procedures to be decided upon by those authorities. 

10. The emission limit values for air shall be regarded as being complied with if: 

(a)  -  none  of  the  daily  average  values  exceeds  any  of  the  emission  limit  values  set  out  in 
Annex V(a) or Annex II; 

- 97 % of the daily average value over the year does not exceed the emission limit value set 
out in Annex V(e) first indent; 

(b) either none of the half-hourly average values exceeds any of the emission limit values set 
out in Annex V(b), column A or, where relevant, 97 % of the half-hourly average values over 
the year do not exceed any of the emission limit values set out in Annex V(b), column B; 

(c)  none  of  the  average  values  over  the  sample  period  set  out  for  heavy  metals  and  dioxins 
and furans exceeds the emission limit values set out in Annex V(c) and (d) or Annex II;  

(d) the provisions of Annex V(e), second indent or Annex II, are met. 

11. The half-hourly average values and the 10-minute averages shall be determined within the 
effective  operating  time  (excluding  the  start-up  and  shut-off  periods  if  no  waste  is  being 
incinerated)  from  the  measured  values  after  having  subtracted  the  value  of  the  confidence 
interval specified in point 3 of Annex III. The daily average values shall be determined from 
those validated average values. 

To obtain a valid daily average value no more than five half-hourly average values in any day 
shall be discarded due to malfunction or maintenance of the continuous measurement system. 
No  more  than  ten  daily  average  values  per  year  shall  be  discarded  due  to  malfunction  or 
maintenance of the continuous measurement system. 

12. The average values over the sample period and the average values in the case of periodical 
measurements of HF, HCl and SO2 shall be determined in accordance with the requirements 
of Article 10(2) and (4) and Annex III. 

513. The Commission, acting in accordance with the procedure laid down in Article 17, shall 
decide, as soon as appropriate measurement techniques are available within the Community, 
⌦ set ⌫ the date from which continuous measurements of the air emission ⌦ emissions to 
air  of ⌫  limit  values  for  heavy  metals  and  dioxins  and  furans  shall  be  carried  out  in 
accordance with Annex III. 

EN 

63 

   EN 

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

to  amend  non-essential  elements  of 

(cid:216) new 

(cid:208) 2000/76/EC Art 11 (adapted) 

Article 44 

⌦ Compliance with emission limit values ⌫ 

10.  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 ⌫ . 

14. The following measurements shall be carried out at the point of waste water discharge: 

(a) continuous measurements of the parameters referred to in Article 8(6)(b); 

(b)  spot  sample  daily  measurements  of  total  suspended  solids;  Member  States  may 
alternatively  provide  for  measurements  of  a  flow  proportional  representative  sample  over  a 
period of 24 hours; 

(c)  at  least  monthly  measurements  of  a  flow  proportional  representative  sample  of  the 
discharge over a period of 24 hours of the polluting substances referred to in Article 8(3) with 
respect to items 2 to 10 in Annex IV; 

(d) at least every six months measurements of dioxins and furans; however one measurement 
at least every three months shall be carried out for the first 12 months of operation. Member 
States may fix measurement periods where they have set emission limit values for polycyclic 
aromatic hydrocarbons or other pollutants. 

15.  The  monitoring  of  the  mass  of  pollutants  in  the  treated  waste  water  shall  be  done  in 
conformity with Community legislation and laid down in the permit as well as the frequency 
of the measurements. 

16. The emission limit values for water shall be regarded as being complied with if: 

(a)  for  total  suspended  solids  (polluting  substance  number  1),  95  %  and  100  %  of  the 
measured values do not exceed the respective emission limit values as set out in Annex IV; 

(b)  for  heavy  metals  (polluting  substances  number  2  to  10)  no  more  than  one  measurement 
per  year  exceeds  the  emission  limit  values  set  out  in  Annex  IV;  or,  if  the  Member  State 
provides for more than 20 samples per year, no more than 5 % of these samples exceed the 
emission limit values set out in Annex IV; 

(c)  for  dioxins  and  furans  (polluting  substance  11),  the  twice-yearly  measurements  do  not 
exceed the emission limit value set out in Annex IV. 

(cid:208) 2000/76/EC (adapted) 

Article 456 

Operating conditions 

EN 

64 

   EN 

 
 
 
 
1. ⌦ Waste ⌫ incineration plants shall be operated in ⌦ a way so as ⌫ to achieve a level 
of incineration such that the slag and bottom ashes total organic carbon (TOC) 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,  appropriate  techniques  of  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 ⌫ the process 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. ⌫ , as measured near the 
inner wall or at another representative point of the combustion chamber as authorised by the 
competent authority, for two seconds.  

If  hazardous  waste  with  a  content  of  more  than  1 %  of  halogenated  organic  substances, 
expressed  as  chlorine,  ⌦ is ⌫  are  incinerated  ⌦ or  co-incinerated ⌫  ,  the  temperature 
⌦ required to comply with the first subparagraph shall be at least 1100°C ⌫ has to be raised 
to 1 100 °C for at least two seconds. 

⌦ 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  authorize  the  measurements at  another  representative  point  of  the  combustion 
chamber. ⌫ 

3.  Each  ⌦ combustion  chamber ⌫  line  of  the  ⌦ a  waste ⌫  incineration  plant  shall  be 
equipped  with  at  least  one  auxiliary  burner.  This  burner  ⌦ shall ⌫  must  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 ⌫ 850 °C or 1 100 °C 
as  the  case  may  be.  It  shall  also  be  used  during  plant  start-up  and  shut-down  operations  in 
order  to  ensure  that  the  ⌦ those ⌫  temperatures  ⌦ are ⌫  of  850 °C  or  1 100 °C  as  the 
case may be is maintained at all times during these operations and as long as unburned waste 
is in the combustion chamber. 

During  start-up  and  shut-down  or  when  the  temperature  of  the  combustion  gas  falls  below 
850 °C  or  1 100 °C  as  the  case  may  be,  Thethe  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/EECof 23 March 1993 relating to the sulphur content 
of certain liquid fuels44 5/716/EEC, liquefied gas or natural gas. 

2. Co-incineration plants shall be designed, equipped, built and operated in such a way that 
the gas resulting from the co-incineration of waste is raised in a controlled and homogeneous 
fashion and even under the most unfavourable conditions, to a temperature of 850 °C for two 
seconds.  If  hazardous  wastes  with  a  content  of  more  than  1 %  of  halogenated  organic 
substances,  expressed  as  chlorine,  are  co-incinerated,  the  temperature  has  to  be  raised  to 
1 100 °C. 

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

44 

OJ L 74, 27.3.1993, p. 81. 

EN 

65 

   EN 

 
                                                 
(a) 

(b) 

(c) 

at start-up, until the temperature ⌦ set out in paragraph 2 ⌫ of 850 °C or 1 100 °C 
as the case may be or the temperature specified according to Article 46(1) paragraph 
4 has been reached; 

whenever the temperature ⌦ set out in paragraph 2 ⌫ of 850 °C or 1 100 °C as the 
case  may  be  or  the  temperature  specified  according  to  Article  46(1)  paragraph  4 is 
not maintained; 

whenever  the  continuous  measurements  required  by  this  Directive  show  that  any 
emission limit value is exceeded due to disturbances or failures of the ⌦ waste gas 
cleaning ⌫ purification devices. 

56.  Any  heat  generated  by  ⌦ waste ⌫  the  incineration  ⌦ plants ⌫  or  ⌦ waste ⌫  the 
co-incineration ⌦ plants ⌫ process shall be recovered as far as practicable. 

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

78.  ⌦ Member  States  shall  ensure  that  the  waste ⌫  The  management  of  the  incineration 
⌦ plant ⌫  or  the ⌦ waste ⌫  co-incineration  plant  ⌦ is  operated  and  controlled  by ⌫ 
shall be in the hands of a natural person who is competent to manage the plant. 

Article 46 

Authorisation to change operation conditions 

1.4. Conditions different from those laid down in paragraphs 1, 2 and 3 of Article 45 and, as 
regards the temperature, paragraph 4 of that Article 3 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 Directive are met. Member 
States may lay down rules governing these authorisations.  

2. ⌦ For waste incineration plants, ⌫ theThe change of the operational conditions shall not 
cause  more  residues  or  residues  with  a  higher  content  of  organic  pollutants  ⌦ polluting 
substances ⌫ compared to those residues which could be expected under the conditions laid 
down in paragraphs 1, 2 and 3 of Article 45. 

Conditions  different  from  those  laid  down  in  paragraph  2  and,  as  regards  the  temperature, 
paragraph 3 and specified in the permit for certain categories of waste or for certain thermal 
processes  may  be  authorised  by  the  competent  authority,  provided  the  requirements  of  this 
Directive  are  met.  Member  States  may  lay  down  rules  governing  these  authorisations.  Such 
authorisation shall be conditional upon at least the provisions for emission limit values set out 
in Annex V for total organic carbon and CO being complied with. 

⌦ 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. ⌫ 

In the case of co-incineration of their own waste at the place of its production in existing bark 
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 ⌫ , 
such authorisation shall be conditional upon at least the provisions for emission limit values 
set out in Part 3 of Annex VI V for total organic carbon being complied with. 

⌦  4. Member  States  shall  communicate  to  the  Commission ⌫  allAll  operating  conditions 
⌦ authorised ⌫  determined  under  this  paragraph  paragraphs  1,  2  and  3  and  the  results  of 

EN 

66 

   EN 

 
verifications made shall be communicated by the Member State to the Commission as part of 
the  information  provided  in  accordance  with  the  reporting  requirements  ⌦ under  Article 
67 ⌫ . 

Article 475 

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  negative  effects  on  the  environment,  in 
particular  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. 
These measures shall meet at least the requirements set out in paragraphs 3 and 4. 

2. The operator shall determine the mass of each category of waste, if possible according to 
the  European  Waste  List  established  by  Commission  Decision  2000/532/EC  EWC,  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 
the  operator  shall  ⌦ collect ⌫  have  available 
⌦ waste ⌫  co-incineration  plant, 
information  about  the  waste  for  the  purpose  of  verifying,  inter  alia,  compliance  with  the 
permit requirements specified in Article 40(2) 4(5).  

ThatThis information shall cover ⌦ the following ⌫ : 

(a) 

(b) 

(c) 

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

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; 

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 reception procedures shall be carried 
out by the operator: 

(a) 

(b) 

the checking of those ⌦ the ⌫ documents required by Directive ⌦ 20../…/EC ⌫ 
91/689/EEC 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 Community45 and by ⌦ legislation on transport 
of ⌫ dangerous-goods transport regulations; 

the taking of representative samples, unless inappropriate, e.g. for infectious clinical 
waste, 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.  

These ⌦ 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 ⌫ . 

45 

OJ L 30, 6.2.1993, p. 1. 

EN 

67 

   EN 

 
 
                                                 
5. The competent ⌦ authority ⌫ authorities 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 ⌫ for industrial plants and undertakings incinerating or co-incinerating only 
their own waste at the place of generation of the waste provided that the requirements of this 
Directive are met. 

Article 489 

Residues 

1. Residues resulting from the operation of the incineration or co-incineration plant shall be 
minimised  in  their  amount  and  harmfulness.  Residues  shall  be  recycled,  where  appropriate, 
directly in the plant or outside in accordance with relevant Community legislation. 

2. Transport and intermediate storage of dry residues in the form of dust, such as boiler dust 
and dry residues from the treatment of combustion gases, shall take place in such a way as to 
prevent dispersal ⌦ of those residues ⌫ in the environment e.g. in closed containers. 

3.  Prior  to  determining  the  routes  for  the  disposal  or  recycling  of  the  residues  from 
incineration and co-incineration plants, appropriate tests shall be carried out to establish the 
physical and chemical characteristics and the polluting potential of the different incineration 
residues.  The  analysis ⌦ Those  tests ⌫  shall  concern  the  total  soluble  fraction  and  heavy 
metals soluble fraction. 

(cid:208) 2000/76/EC Art. 4 (adapted) 

Article 49 

⌦ Substantial change ⌫ 

8.  Where  the  operator  ⌦ A  change  of  operation ⌫  of  an  ⌦ a  waste ⌫  incineration 
⌦ plant ⌫  or ⌦ a  waste ⌫  co-incineration  plant ⌦ treating  only ⌫  for  non-hazardous 
waste  ⌦ in  an  installation  covered  by  Chapter  II ⌫  is  envisaging  a  change  of  operation 
which would involve ⌦ involves ⌫ the incineration or co-incineration of hazardous waste, 
this  shall  be  regarded  as  a  substantial  change  within  the  meaning  of  Article  2(10)(b)  of 
Directive 96/61/EC and Article 12(2) of that Directive shall apply. 

(cid:208) 2000/76/EC (adapted) 

Article 5012 

⌦ Reporting and public information on waste incineration plants and waste co-
incineration plants ⌫ Access to information and public participation 

to  Council  Directive  90/313/EEC46  and  Directive  96/61/EC, 
1.  Without  prejudice 
Aapplications for new permits for ⌦ waste ⌫ incineration ⌦ plants ⌫ and ⌦ waste ⌫ 
co-incineration plants shall be made available at one or more locations accessible to the public 
⌦ at one or more locations ⌫ , such as local authority offices, for an appropriate period to 

46 

Council  Directive  90/313/EEC  of  7  June  1990  on  the  freedom  of  access  to  information  on  the 
environment (OJ L 158, 23.6.1990, p. 56). Directive as last amended by the Accession Act of 1994. 

EN 

68 

   EN 

 
 
 
                                                 
enable ⌦ the public ⌫ it to comment on ⌦ the applications ⌫ them 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 67 shall 
include information ⌫ and notwithstanding Article 15(2) of Directive 96/61/EC, an annual 
report  to  be  provided  by  the  operator  to  the  competent  authority  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. This report 
shall,  as  a  minimum  requirement,  give  an  account  of  the  running  of  the  process  and  the 
emissions into air and water compared with the emission standards in this Directive.  

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. 

(cid:208) 2000/76/EC (adapted) 

Article 14 

Review clause 

Without  prejudice  to  Directive  96/61/EC,  the  Commission  shall  submit  a  report  to  the 
European Parliament and the Council before 31 December 2008 based on experience of the 
application  of  this  Directive,  in  particular  for  new  plants,  and  on  the  progress  achieved  in 
emission  control  techniques  and  experience  in  waste  management.  Furthermore,  the  report 
shall be based on the development of the state of technology, of experience in the operation of 
the plants, of environmental requirements. This report will include a specific section on the 
application  of  Annex  II.1.1.  and  in  particular  on  the  economic  and  technical  feasibility  for 
existing  cement  kilns  as  referred  to  in  the  footnote  to  Annex  II.1.1.  of  respecting  the  NOx 
emission  limit  value  for  new  cement  kilns  set  out  in  that  Annex.  The  report  shall,  as 
appropriate,  be  accompanied  by  proposals  for  revision  of  the  related  provisions  of  this 
Directive. However, the Commission shall, if appropriate, propose an amendment for Annex 
II.3  before  the  said  report,  if  major  waste  streams  are  directed  to  types  of  co-incineration 
plants other than those dealt with in Annex II.1 and II.2. 

Article 15 

Reporting 

The  reports  on  the  implementation  of  this  Directive  shall  be  established  in  accordance  with 
the procedure laid down in Article 5 of Council Directive 91/692/EEC. The first report shall 
cover  at  least  the  first  full  three-year  period  after  28  December  2002  and  comply  with  the 
periods  referred  to  in  Article  17  of  Directive  94/67/EC  and  in  Article  16(3)  of  Directive 
96/61/EC. To this effect, the Commission shall elaborate the appropriate questionnaire in due 
time 

Article 16 

Future adaptation of the directive 

EN 

69 

   EN 

 
 
The Commission shall, in accordance with the procedure laid down in Article 17(2), amend 
Articles 10, 11 and 13 and Annexes I and III in order to adapt them to technical progress or 
new findings concerning the health benefits of emission reductions.

EN 

70 

   EN 

 
(cid:208) 1999/13/EC (adapted) 

Chapter V 

⌦ Special provisions for installations and activities using organic 
solvents ⌫ 

Article 511 

Purpose and Sscope 

The  purpose  of  this  Directive  is  to  prevent  or  reduce  the  direct  and  indirect  effects  of 
emissions  of  volatile  organic  compounds  into  the  environment,  mainly  into  air,  and  the 
potential risks to human health, by providing measures and procedures to be implemented for 
the activities defined in Annex I, in so far as they are operated above the solvent consumption 
thresholds listed in Annex IIA. 

⌦ 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 522 

Definitions 

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

1.  installation  shall  mean  a  stationary  technical  unit  where  one  or  more  activities  falling 
within  the  scope  defined  in  Article  1  are  carried  out,  and  any  other  directly  associated 
activities  which  have  a  technical  connection  with  the  activities  carried  out  on  that  site  and 
which could have an effect on emissions; 

(1)2  'existing  installation'  ⌦ means ⌫ shall  mean  an  installation  in  operation  or,  in 
accordance  with  legislation  existing  before  the  date  on  which  this  Directive  is  brought  into 
effect,  an  installation  which  is  authorised  or  registered  or,  in  the  view  of  the  competent 
authority,  the  subject  of  a  full request  for  authorisation,  provided  that  the  installation  is  put 
into  operation  no  later  than  one  year  after  the  date  on  which  this  Directive  is  brought  into 
effect; ⌦ 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 ⌫; 

3. small installation shall mean an installation which falls within the lower threshold band of 
items  1,  3,  4,  5,  8,  10,  13,  16  or  17  of  Annex  IIA  or  for  the  other  activities  of  Annex  IIA 
which have a solvent consumption of less than 10 tonnes/year; 

4. substantial change  

–  for an installation falling within the scope of Directive 96/61/EC, shall have the definition 

specified in that Directive, 

–  for a small installation, shall mean a change of the nominal capacity leading to an increase 
of emissions of volatile organic compounds of more than 25 %. Any change that may have, 
in the opinion of the competent authority, significant negative effects on human health or 
the environment is also a substantial change, 

EN 

71 

   EN 

 
 
–  for  all  other  installations,  shall  mean  a  change  of  the  nominal  capacity  leading  to  an 
increase of emissions of volatile organic compounds of more than 10 %. Any change that 
may have, in the opinion of the competent authority, significant negative effects on human 
health or the environment is also a substantial change; 

5. competent authority shall mean the authority or authorities or bodies responsible under the 
legal  provisions  of  the  Member  States  for  carrying  out  the  obligations  arising  from  this 
Directive; 

6. operator shall mean any natural or legal person who operates or controls the installation or, 
where this is provided for in national legislation, to whom decisive economic power over the 
technical functioning of the installation has been delegated; 

7.  authorisation  shall  mean  a  written  decision  by  which  the  competent  authority  grants 
permission to operate all or part of an installation; 

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

9. emission shall mean any discharge of volatile organic compounds from an installation into 
the environment; 

11.(2)  'waste gases' ⌦ means ⌫ shall mean the final gaseous discharge containing volatile 
organic  compounds  or  other  pollutants,  from  a  stack  or  abatement  equipment  into  air;.  The 
volumetric flow rates shall be expressed in m3/h at standard conditions; 

10.(3)  'fugitive  emissions'  ⌦ means ⌫ shall  mean  any  emissions  not  in  waste  gases  of 
volatile  organic  compounds  into  air,  soil  and  water  as  well  as,  unless  otherwise  stated  in 
Annex IIA, solvents contained in any products ⌦ , unless otherwise stated in Part 2 of Annex 
VII ⌫  .  They  include  uncaptured  emissions  released  to  the  outside  environment  via 
windows, doors, vents and similar openings; 

12.(4)  'total emissions' ⌦ means ⌫ shall mean the sum of fugitive emissions and emissions 
in waste gases; 

13.  emission  limit  value  shall  mean  the  mass  of  volatile  organic  compounds,  expressed  in 
terms  of  certain  specific  parameters,  concentration,  percentage  and/or  level  of  an  emission, 
calculated at standard conditions, N, which may not be exceeded during one or more periods 
of time; 

14.  substances  shall  mean  any  chemical  element  and  its  compounds,  as  they  occur  in  the 
natural state or as produced by industry, whether in solid or liquid or gaseous form; 

15.(5)  preparation  shall  mean  mixtures  or  solutions  composed  of  two  or  more  substances; 
⌦ '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)47, ⌫ 

16. organic compound shall mean 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; 

17. volatile organic compound (VOC) shall mean any organic compound having at 293,15 K 
a  vapour  pressure  of  0,01  kPa  or  more,  or  having  a  corresponding  volatility  under  the 

47 

OJ L 136, 29.5.07, p. 33-280. 

EN 

72 

   EN 

 
                                                 
particular conditions of use. For the purpose of this Directive, the fraction of creosote which 
exceeds this value of vapour pressure at 293,15 K shall be considered as a VOC; 

18.  organic  solvent  shall  mean  any  VOC  which  is  used  alone  or  in  combination  with  other 
agents,  and  without  undergoing  a  chemical  change,  to  dissolve  raw  materials,  products  or 
waste materials, or is used as a cleaning agent to dissolve contaminants, or as a dissolver, or 
as  a  dispersion  medium,  or  as  a  viscosity  adjuster,  or  as  a  surface  tension  adjuster,  or  a 
plasticiser, or as a preservative; 

19.  halogenated  organic  solvent  shall  mean  an  organic  solvent  which  contains  at  least  one 
atom of bromine, chlorine, fluorine or iodine per molecule; 

20.  coating  shall  mean  any  preparation,  including  all  the  organic  solvents  or  preparations 
containing  organic  solvents  necessary  for  its  proper  application,  which  is  used  to  provide  a 
decorative, protective or other functional effect on a surface; 

(6)21.  'adhesive' ⌦ means ⌫ shall mean any preparation ⌦ mixture ⌫ , including all the 
organic solvents or preparations ⌦ mixtures ⌫ containing organic solvents necessary for its 
proper application, which is used to adhere separate parts of a product; 

(7)22.  'ink' ⌦ means ⌫ shall mean a preparation ⌦ mixture ⌫ , including all the organic 
solvents or preparations ⌦ 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)23.  'varnish' ⌦ means ⌫ shall mean a transparent coating; 

(9)24.  'consumption'  ⌦ means ⌫ shall  mean  the  total  input  of  organic  solvents  into  an 
installation  per  calendar  year,  or  any  other  12-month  period,  less  any  volatile  organic 
compounds VOCs that are recovered for reuse; 

(10)25. 'input' ⌦ means ⌫ shall mean the quantity of organic solvents and their quantity in 
preparations  ⌦ 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)26.  'reuse  of  organic  solvents'  ⌦ means ⌫ shall  mean  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; 

27.  mass flow shall mean the quantity of VOCs released, in unit of mass/hour; 

28. 
nominal  capacity  shall  mean  the  maximum  mass  input  of  organic  solvents  by  an 
installation averaged over one day, if the installation is operated under conditions of normal 
operation at its design output; 

normal  operation  shall  mean  all  periods  of  operation  of  an  installation  or  activity 

29. 
except start-up and shut-down operations and maintenance of equipment; 

30.(12) 'contained conditions' ⌦ means ⌫ shall mean conditions under which an installation 
is  operated  ⌦ so ⌫  such  that  the  volatile  organic  compounds VOCs  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;  

31. standard conditions shall mean a temperature of 273,15 K and a pressure of 101,3 kPa; 

average  over  24  hours  shall  mean  the  arithmetic  average  of  all  valid  readings  taken 

32. 
during the 24-hour period of normal operation; 

EN 

73 

   EN 

 
and 

shut-down 

(13)33. 'start-up 
operations 
⌦ excluding ⌫  rRegularly  oscillating  activity  phases  are  not  to  be  considered  as  start-ups 
and shut-downs whilst bringing an activity, an equipment item or a tank into or out of service 
or into or out of an idling state., 

operations'  ⌦ means ⌫ shall  mean 

Article 3 

Obligations applying to new installations 

Member States shall adopt the necessary measures to ensure that: 

1. 

2. 

all new installations comply with Articles 5, 8 and 9; 

all  new  installations  not  covered  by  Directive  96/61/EC  are  registered  or  undergo 
authorisation before being put into operation. 

Article 4 

Obligations applying to existing installations 

Without prejudice to Directive 96/61/EC, Member States shall adopt the necessary measures 
to ensure that: 

1. 

2. 

3. 

4. 

existing installations comply with Articles 5, 8 and 9 no later than 31 October 2007; 

all existing installations must have been registered or authorised by 31 October 2007 
at the latest; 

those  installations  to  be  authorised  or  registered  using  the  reduction  scheme  of 
Annex IIB notify this to the competent authorities by 31 October 2005 at the latest; 

where an installation: 

– 

– 

undergoes a substantial change, or 

comes  within  the  scope  of  this  Directive  for  the  first  time  following  a 
substantial change, 

that  part  of  the  installation  which  undergoes  the  substantial  change  shall  be  treated 
either  as  a  new  installation  or  as  an  existing  installation,  provided  that  the  total 
emissions of the whole installation do not exceed those that would have resulted had 
the substantially changed part been treated as a new installation. 

(cid:208) 1999/13/EC Art. 5(6) (adapted) 

Article 53 

⌦ Substitution of hazardous substances ⌫ 

6.  Substances  or  preparations  ⌦ mixtures ⌫  which,  because  of  their  content  of  volatile 
organic  compounds VOCs,  ⌦ are ⌫  classified  as  carcinogens,  mutagens,  or  toxic  to 
reproduction  under  Council Directive  67/548/EEC48,  are  assigned  or  need  to  carry  the  risk 
phrases R45, R46, R49, R60, or R61, shall be replaced, as far as possible and by taking into 

48 

OJ  196,  16.8.1967,  p.  1.  Directive  as  last  amended  by  Commission  Directive  98/98/EC  (OJ  L  355, 
30.12.1998, p. 1). 

EN 

74 

   EN 

 
 
 
                                                 
account the guidance as mentioned in Article 7(1), by less harmful substances or preparations 
⌦ mixtures ⌫ within the shortest possible time. 

(cid:208) 1999/13/EC (adapted) 

Article 545 

Requirements ⌦ Control of emissions ⌫ 

1. Member States shall take the appropriate ⌦ necessary ⌫ measures ⌦ to ensure either of 
the following: ⌫ , either by specification in the conditions of the authorisation or by general 
binding rules to ensure that paragraphs 2 to 12 are complied with. 

2. All installations shall comply with: 

(a) 

either  ⌦ 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 Annex IIA Parts 2 and 3 of Annex VII ⌦ are complied with ⌫ ; 

or 

(b)  ⌦ installations comply with ⌫ the requirements of the reduction scheme specified 
⌦ set  out ⌫  in  Annex  IIBPart  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) ⌫ . 

(cid:208) 1999/13/EC Annex IIB.1 
(adapted) 

⌦ Member  States  shall  report  to  the  Commission  in  accordance  with  Article  67(1)  on  the 
progress in achieving the equivalent emission reduction referred to in point (b). ⌫ 

(cid:208) 1999/13/EC (adapted) 

2.3.(a) ⌦ By derogation  from point (a) of paragraph 1, where the operator ⌫ For fugitive 
emissions, Member States shall apply fugitive emission values to installations as an emission 
limit value. However, where it is demonstrated ⌦ demonstrates ⌫ to the satisfaction of the 
competent authority that for an individual installation this value ⌦ the emission limit value 
for  fugitive  emissions ⌫  is  not  technically  and  economically  feasible,  the  competent 
authority can make an exception for such an individual installation ⌦ may allow emissions 
to exceed that emission limit value ⌫ provided that significant risks to human health or the 
environment are not to be expected.  For each derogation, ⌦ and that ⌫ the  operator must 
demonstrate ⌦ demonstrates ⌫  to  the  satisfaction  of  the  competent  authority  that  the  best 
available technique is ⌦ 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. ⌫ 

EN 

75 

   EN 

 
 
 
 
 
3.(b) activities which cannot be operated under contained conditions may be exempted from 
the  controls  of  Annex  IIA,  when  this  possibility  is  explicitly  mentioned  in  that  Annex.  The 
reduction scheme of Annex IIB is then to be used, unless it is demonstrated to the satisfaction 
of the competent authority that this option is not technically and economically feasible. In this 
case, the operator must demonstrate to the satisfaction of the competent authority that the best 
available technique is being used. 

4.  Member  States  shall  report 
the  derogation  concerning 
⌦ derogations referred  to in  ⌫  paragraphs  (a)2  and  (b)3  in  accordance  with  Article  11 
67(2). 

the  Commission  on 

to 

4. For installations not using the reduction scheme, any abatement equipment installed after 
the  date  on  which  this  Directive  is  brought  into  effect  shall  meet  all  the  requirements  of 
Annex IIA. 

5.  The  ⌦ emissions ⌫  discharge  of  volatile  organic  compounds VOCs  referred  to  in 
paragraphs 6 and 8 ⌦ which are assigned or need to carry the risk phrases R40, R45, R46, 
R49,  R60,  R61  or  R68 ⌫  shall  be  controlled  as  emissions  from  an  installation  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 ⌫ .  

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

(a) 

as  regards  the  substances  specified  in  paragraphs  6,  7  and  8  paragraph  5,  meet  the 
requirements of that paragraph those paragraphs for each activity individually; 

(b) 

as regards all other substances, either: 

(i)  meet the requirements of paragraph 12 for each activity individually; or 

(ii)  have total emissions ⌦ of volatile organic compounds ⌫ not exceeding those 

that ⌦ which ⌫ would have resulted had point (i) been applied.  

7. For discharges of the VOCs referred to in paragraph 6, where the mass flow of the sum of 
the compounds causing the labelling referred to in that paragraph is greater than, or equal to, 
10 g/h, an emission limit value of 2 mg/Nm3 shall be complied with. The emission limit value 
refers to the mass sum of the individual compounds. 

8.  For  discharges  of  halogenated  VOCs  which  are  assigned  the  risk  phrase  R40,  where  the 
mass flow of the sum of the compounds causing the labelling R40 is greater than, or equal to, 
100 g/h,  an  emission  limit  value  of  20 mg/Nm3  shall  be  complied  with.  The  emission  limit 
value refers to the mass sum of the individual compounds. 

9. Discharges of those VOCs which, after the entry into force of this Directive, are assigned 
or need to carry one of the risk phrases mentioned in paragraphs 6 and 8, shall have to comply 
with  the  emission  limit  values  mentioned  in  paragraphs  7  and  8  respectively,  within  the 
shortest possible time. 

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

11.  Existing  installations  which  operate  existing  abatement  equipment  and  comply  with  the 
following emission limit values: 

– 

– 

50 mg C/Nm3 in the case of incineration, 
150 mg C/Nm3 in the case of any other abatement equipment, 

EN 

76 

   EN 

 
shall  be  exempt  from  the  waste  gases  emission  limit  values  in  the  table  in  Annex  IIA  for  a 
period of 12 years after the date referred to in Article 15, provided the total emissions of the 
whole  installation  do  not  exceed  those  that  would  have  resulted  had  all  the  requirements  of 
the table been met. 

12.  Neither  the  reduction  scheme  nor  the  application  of  paragraph  11  nor  Article  6  exempt 
installations  discharging  substances  specified  in  paragraphs  6,  7  and  8  from  fulfilling  the 
requirements of those paragraphs. 

13. Where a risk assessment is carried out in accordance with Council Regulation (EEC) No 
793/9349  and  Commission  Regulation  (EC)  No  1488/9450  or  Council  Directive  67/548/EEC 
and  Commission  Directive  93/67/EEC51  of  any  of  the  substances  causing  the  labelling  R40, 
R60  or  R61  which  are  controlled  under  this  Directive,  the  Commission  shall  consider  the 
conclusions of the risk assessment and shall take the necessary measures as appropriate. 

(cid:208) 1999/13/EC 

Article 6 

National plans 

1.  Without  prejudice  to  Directive  96/61/EC,  Member  States  may  define  and  implement 
national plans for reducing emissions from the activities and  industrial installations  covered 
by Article 1, excluding activities 4 and 11 of Annex IIA. None of the other activities may be 
excluded from the scope of this Directive by means of a national plan. These plans shall result 
in  a  reduction  of  the  annual  emissions  of  VOCs  from  existing  installations  covered  by  this 
Directive  by  at  least  the  same  amount  and  within  the  same  time  frame  as  would  have  been 
achieved by applying the emission limits under Article 5(2) and (3) and Annex II, during the 
validity  period  of  the  national  plan.  The  national  plan,  if  necessary  updated,  will  be 
resubmitted to the Commission every three years. 

A  Member  State  which  defines  and  implements  national  plans  may  exempt  existing 
installations from implementation of the emission limit values laid down in Article 5(2) and 
(3) and Annex II. A national plan may under no circumstances exempt an existing installation 
from the provisions laid down in Directive 96/61/EC. 

2. A national plan shall include a list of the measures taken or to be taken to ensure that the 
aim  specified  in  paragraph  1  will  be  achieved,  including  details  of  the  proposed  plan 
monitoring mechanism. It shall also include binding interim reduction targets against which 
progress towards the aim can be measured. It shall be compatible with the relevant existing 
Community legislation, including the relevant provisions of this Directive, and shall include: 

– 

– 

– 

49 
50 
51 

an identification of the activity or activities to which the plan applies, 

the  reduction  in  emissions  to  be  achieved  by  those  activities  which  corresponds  to 
that which would have been achieved by applying the emission limits as specified in 
paragraph 1, 

the number of installations affected by the plan and their total emissions and the total 
emission of each of the activities. 

OJ L 84, 5.4.1993, p. 1. 
OJ L 161, 29.6.1994, p. 3. 
OJ L 227, 8.9.1993, p. 9. 

EN 

77 

   EN 

 
 
                                                 
The  plan  shall  also  include  a  full  description  of  the  range  of  instruments  through  which  its 
requirements will be achieved, evidence that these instruments will be enforceable and details 
of the means by which compliance with the plan will be demonstrated. 

3. The Member State shall submit the plan to the Commission. The plan must be accompanied 
by supporting documentation sufficient to verify that the aim of paragraph 1 will be achieved, 
including any documentation specifically requested by the Commission. Existing installations 
undergoing a substantial change shall remain within the scope of the national plan, provided 
that they were part of this plan before undergoing such substantial change. 

4. The Member State shall designate a national authority for the collection and evaluation of 
the information required by paragraph 3 and for the implementation of the national plan. 

(a) 

(b) 

5.  The  Commission  shall  inform  the  committee  referred  to  in  Article  13  of  the 
criteria  for  assessing  national  plans,  one  year  after  the  entry  into  force  of  this 
Directive at the latest. 

If  the  Commission,  in  considering  the  plan,  the  resubmitted plan, or in considering 
the progress reports submitted by the Member State under Article 11, is not satisfied 
that the objectives of the plan will be achieved within the prescribed period, it shall 
inform the Member State and the committee referred to in Article 13 of its opinion 
and of the reasons for reaching such an opinion. It shall do so within six months of 
receipt of the plan or report. The Member State shall then notify the Commission and 
inform the committee, within three months, of the corrective measures it will take in 
order to ensure that the objectives are achieved. 

6. If the Commission decides within six months of the notification of the corrective measures 
that those measures are insufficient to ensure that the objective of the plan is achieved within 
the prescribed period, the Member State shall be obliged to satisfy the requirements of Article 
5(2) and (3) and Annex II within the period specified in this Directive in the case of existing 
installations.  The  Commission  shall  inform  the  committee  referred  to  in  Article  13  of  its 
decision. 

(cid:208) 1999/13/EC (adapted) 

Article 558 

Monitoring ⌦ of emissions ⌫ 

1. Member States shall introduce an obligation for the operator of an installation covered by 
this  Directive  to  supply  the  competent  authority  once  a  year  or  on  request  with  data  that 
enables the competent authority to verify compliance with this Directive. 

2. Member States shall ensure that channels to which abatement equipment is connected, and 
which  at  the  final  point  of  discharge  emit  more  than  an  average  of  10 kg/h  of  total  organic 
carbon, are monitored continuously for compliance. 

3.  In  the  other  cases,  Member  States  shall  ensure  that  either  continuous  or  periodic 
measurements  are  carried  out.  For  periodic  measurements  at  least  three  readings  shall  be 
obtained during each measurement exercise. 

4. Measurements are not required in the case where end-of-pipe abatement equipment is not 
needed to comply with this Directive. 

EN 

78 

   EN 

 
 
5.  The  Commission  shall  organise  an  exchange  of  information  on  the  use  of  solvent 
management  plans  in  Member  States  based  on  the  data  for  the  implementation  of  this 
Directive in the three years following the date referred to in Article 15. 

⌦ 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 ⌫ 

(cid:208) 1999/13/EC (adapted) 

Article 569 

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 57 

⌦ Reporting on compliance ⌫ 

1. Compliance with the following shall be demonstrated to the satisfaction of the competent 
authority: 

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

(a) 

(b) 

(c) 

emission limit values in waste gases, fugitive emission ⌦ limit ⌫ values and 
total emission limit values;, 

the  requirements  of  the  reduction  scheme  under  Annex  IIBPart  5  of  Annex 
VII ;, 

the  provisions  of  Article  5(3). ⌦ the  derogations  granted  in  accordance  with 
paragraphs 2 and 3 of Article 54⌫ 

Guidance is provided in Annex III on ⌦ The report on compliance may include a ⌫ solvent 
management plans serving to demonstrate compliance with these parameters ⌦ prepared in 
accordance with Part 7 of Annex VII ⌫ . 

Gas  volumes  may  be  added  to  the  waste  gas  for  cooling  or  dilution  purposes  where 
technically justified but shall not be considered when determining the mass concentration of 
the pollutant in the waste gas. 

3. In the case of continuous measurements the emission limit values shall be considered to be 
complied with if: 

(a) 

(b) 

none of the averages over 24 hours of normal operation exceeds the emission limit 
values, and 

none of the hourly averages exceeds the emission limit values by more than a factor 
of 1,5. 

4.  In  the  case  of  periodic  measurements  the  emission  limit  values  shall  be  considered  to  be 
complied with if, in one monitoring exercise: 

(a) 

the average of all the readings does not exceed the emission limit values, and 

EN 

79 

   EN 

 
 
(b) 

none of the hourly averages exceeds the emission limit value by more than a factor of 
1,5. 

5. Compliance with the provisions of Article 5(7) and (8) shall be verified on the basis of the 
sum of the mass concentrations of the individual volatile organic compounds concerned. For 
all other cases, compliance shall be verified on the basis of the total mass of organic carbon 
emitted unless otherwise specified in Annex IIA. 

(cid:208) 1999/13/EC Art. 2(4) (adapted) 

Article 58 

⌦ 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  falling  within  the  lower  threshold 
band of items 1, 3, 4, 5, 8, 10, 13, 16 or 17 of Part 2 of Annex VII or, for the other 
activities  of  Part  2  of  Annex  VII,  having  a  solvent  consumption  of  less  than  10 
tonnes per year; ⌫ 

–  ⌦ 10% for all other installations. ⌫ 

(cid:208) 1999/13/EC Art. 4(4) (adapted) 

2.4.  Wwhere  an  ⌦ existing ⌫  installation:  undergoes  a  substantial  change,  or  comes 
⌦ falls ⌫ within the scope of this Directive for the first time following a substantial change, 
that part of the installation which undergoes the substantial change shall be treated either as a 
new installation or as an existing installation, provided that the total emissions of the whole 
installation do not exceed those that would have resulted had the substantially changed part 
been treated as a new installation. 

3.2.  Following  ⌦ In  case  of ⌫  a  substantial  change,  ⌦ the  competent  authority  shall 
check ⌫ compliance shall be reverified ⌦ of the installation with the requirements of this 
Directive ⌫ .  

(cid:208) 1999/13/EC Art. 9(2) (adapted) 

(cid:208) 1999/13/EC (adapted) 

Article 59 

⌦ Exchange of information on ⌫ sSubstitution ⌦ of organic solvents ⌫ 

1.  The  Commission  shall  ensure  that  ⌦ organise ⌫  an  exchange  of  information  between 
⌦ with the ⌫ Member States and the activities concerned ⌦, the industry concerned and 
non-governmental  organisations  promoting  environmental  protection ⌫  on  the  use  of 
organic substances ⌦ solvents ⌫ and their potential substitutes takes place. It shall consider 

EN 

80 

   EN 

 
 
 
 
 
the questions of: ⌦ and techniques which have the least potential effects on air, water, soil, 
ecosystems and human health. ⌫ 

⌦ The exchange of information shall be organized on all of the following: ⌫ 

(a) 

fitness for use;, 

(b)  potential effects on human health and occupational exposure in particular; 

(c) 

(d) 

potential effects on the environment;, and 

the economic consequences, in particular, the costs and benefits of the options 
available., 

with  a  view  to  providing  guidance  on  the  use  of  substances  and  techniques  which  have  the 
least potential effects on air, water, soil, ecosystems and human health.  

Following  the  exchange  of  information,  the  Commission  shall  publish  guidance  for  each 
activity.  

2.  Member  States  shall  ensure  that  the  guidance  referred  to  in  paragraph  1  is  taken  into 
account during authorisation and during the formulation of general binding rules. 

Article 10 

Non-compliance 

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

(a) the operator informs the competent authority and takes measures to ensure that compliance 
is restored within the shortest possible time; 

(b)  in  cases  of  non-compliance  causing  immediate  danger  to  human  health  and  as  long  as 
compliance is not restored under the conditions of paragraph (a), operation of the activity is 
suspended. 

Article 11 

Information systems and reporting 

1. At intervals of three years, Member States shall send information to the Commission on the 
implementation of this Directive in the form of a report. The report shall be drawn up on the 
basis  of  a  questionnaire  or  outline  drafted  by  the  Commission  in  accordance  with  the 
procedure  laid  down  in  Article  6  of  Directive  91/692/EEC52.  The  questionnaire  or  outline 
shall be sent to the Member States six months before the start  of the period covered by the 
report.  The  report  shall  be  made  to  the  Commission  within  nine  months  of  the  end  of  the 
three-year period covered by it. Member States shall publish the reports produced at the same 
time as they are transmitted to the Commission, subject to the restrictions laid down in Article 
3(2)  and  (3)  of  Directive  90/313/EEC53.  The  first  report  shall  cover  the  period  of  the  first 
three years after the date referred to in Article 15. 

2.  The  information  submitted  under  paragraph  1  shall,  in  particular,  include  sufficient 
representative data to demonstrate that the requirements of Article 5 and as the case may be, 
the requirements of Article 6 have been complied with. 

52 
53 

OJ L 377, 31.12.1991, p. 48. 
OJ L 158, 23.6.1990, p. 56. 

EN 

81 

   EN 

 
                                                 
3.  The  Commission  shall  draw  up  a  report  on  the  implementation  of  this  Directive  on  the 
basis of the data provided by the Member States at the latest five years after the first reports 
are  submitted  by  the  Member  States.  The  Commission  shall  submit  this  report  to  the 
European Parliament and the Council, accompanied by proposals if necessary. 

Article 60 

Public Aaccess to information 

1.  Without  prejudice  to  Directive  90/313/EEC,  Member  States  shall  take  the  necessary 
measures  to  ensure  that  at  least  applications  for  authorisation  for  new  installations  or  for 
substantial  changes  of  those  installations  requiring  a  permit  under  Directive  96/61/EC  are 
made  available  for  an  appropriate  period  of  time  to  the  public,  to  enable  it  to  comment  on 
them  before  the  competent  authority  reaches  a  decision.  Without  prejudice  to  Directive 
96/61/EC, no obligation to reformat the information for the public is implied. 

1.  The  decision  of  the  competent  authority,  including  at  least  a  copy  of  the  authorisation 
⌦ permit ⌫ , and any subsequent updates, must also ⌦ shall ⌫ be made available to the 
public. 

The general binding rules applicable for installations and the list of registered and authorised 
activities ⌦ installations subject to permitting and registration ⌫ shall be made available to 
the public. 

2.  The  results  of ⌦ the ⌫  emission-monitoring ⌦ of  emissions ⌫  as  required  under  the 
authorisation or registration conditions referred to in Articles 8 and 9 Article 55and held by 
the competent authority must ⌦ shall ⌫ be made available to the public. 

3. Paragraphs 1 and 2 shall apply, subject to the restrictions regarding grounds for refusal by 
public authorities to provide information, including commercial and industrial confidentiality, 
laid down in Article 3(2) and (3) of Directive 90/313/EEC. Article 4(1) and (2) of Directive 
2003/4/EC. 

EN 

82 

   EN 

 
(cid:208) 78/176/EEC (adapted) 

Chapter VI 

⌦ Special provisions for installations producing titanium 
dioxide ⌫ 

Article 61 

⌦ Scope ⌫ 

⌦ This Chapter shall apply to installations producing titanium dioxide. ⌫ 

Article 1 

1.  The  aim  of  this  Directive  is  the  prevention  and  progressive  reduction,  with  a  view  to  its 
elimination, of pollution caused by waste from the titanium dioxide industry. 

2. For the purpose of this Directive: 

(a) 

«pollution» means the discharge by man, directly or indirectly, of any residue from 
the  titanium  dioxide  manufacturing  process  into  the  environment,  the  results  of 
which are such as to cause hazards to human health, harm to living resources and to 
ecosystems,  damage  to  amenities  or  interference  with  other  legitimate  uses  of  the 
environment concerned; 

(b) 

«waste» means: 

– 

– 

any  residue  from  the  titanium  dioxide  manufacturing  process  of  which  the 
holder disposes or is obliged to dispose under current national legislation; 

any residue from a treatment process of a residue referred to in the first indent; 

(c) 

«disposal» means: 

– 

– 

– 

the  collection,  sorting,  transport  and  treatment  of  waste  as  well  as  its  storage 
and tipping above ground or underground and its injection into the ground; 

the  discharge  thereof  into  surface  water,  ground  water  and  the  sea,  and 
dumping at sea; 

the transformation operations necessary for its re-use, recovery or recycling; 

«existing industrial establishments» means those industrial establishments already set 
up on the date of notification of this Directive; 

«new  industrial establishments» means those industrial establishments which are in 
the process of being set up on the date of entry into force of this Directive or which 
are set up after that date. Extensions to existing industrial establishments leading to 
an  increase  of  15 000  tonnes  per  year  or  more  in  the  titanium  dioxide  on-site 
production capacity of the establishment concerned shall be treated as new industrial 
establishments. 

(d) 

(e) 

EN 

83 

   EN 

 
 
(cid:208) 82/883/EEC 

Article 1 

This Directive lays down, pursuant to Article 7 (3) of Directive 78/176/EEC, the procedures 
for  the  surveillance  and  monitoring  of  the  effects  on  the  environment,  having  regard  to  its 
physical, chemical, biological and ecological aspects, of the discharge, dumping, storage on, 
tipping on or injection into the ground of waste from the titanium dioxide industry. 

For the purpose of this Directive: 

Article 2 

– 

– 

«environments  affected»  means  the  water,  the  land  surface  and  underground  strata 
and the air in or into which waste from the titanium dioxide industry is discharged, 
dumped, stored, tipped or injected, 

«sampling point» means the point at which samples are taken. 

Article 3 

1. The parameters applicable for the surveillance and monitoring referred to in Article 1 are 
specified in the Annexes. 

2.  Where  a  parameter  appears  in  the  «mandatory  determination»  column  in  the  Annexes, 
sampling  and  analysis  of  the  samples  must  be  carried  out  in  respect  of  the  environmental 
components indicated. 

3.  Where  a  parameter  appears  in  the  «optional  determination»  column  in  the  Annexes,  the 
Member States shall, if they consider it necessary, have the sampling and analysis of samples 
carried out for the environmental components indicated. 

(cid:208) 92/112/EEC 

Article 1 

This Directive lays down, as required by Article 9 (3) of Directive 78/176/EEC, procedures 
for harmonizing the programmes for the reduction and eventual elimination of pollution from 
existing industrial establishments and is intended to improve the conditions of competition in 
the titanium dioxide industry. 

Article 2 

1. For the purposes of this Directive: 

(a) where the sulphate process is used: 

- solid waste shall mean: 

- insoluble ore residues not broken down by sulphuric acid during the manufacturing process, 

- copperas, i. e. crystalline ferrous sulphate (FeSO47H2O), 

- strong acid waste shall mean: 

EN 

84 

   EN 

 
 
 
-  the  mother  liquors  arising  from  the  filtration  phase  following  hydrolysis  of  the  titanyl 
sulphate solution. If these mother liquors are associated with weak acid wastes which overall 
contain  more  than  0,5  %  free  sulphuric  acid  and  various  heavy  metals  (3),  the  liquors  and 
waste taken together shall be considered strong acid waste, 

- treatment waste shall mean: 

-  filtration  salts,  sludges  and  liquid  waste  arising  from  the  treatment  (concentration  or 
neutralization)  of  strong  acid  waste  and  containing  various  heavy  metals,  but  not  including 
neutralized and filtered or decanted waste containing only traces of heavy metals and which, 
before any dilution, has a pH value above 5,5, 

- weak acid waste shall mean: 

-  wash  waters,  cooling  waters,  condensates  and  other  sludges  and  liquid  wastes,  other  than 
those included in the above definitions, containing 0,5 % or less free sulphuric acid, 

- neutralized waste shall mean: 

-  any  liquid  which  has  a  pH  value  over  5,5,  contains  only  traces  of  heavy  metals,  and  is 
obtained  directly  by  filtration  or  decantation  from  strong  or  weak  acid  waste  after  its 
treatment to reduce its acidity and its heavy metal content, 

- dust shall mean: 

- all kinds of dust from production plants and in particular ore and pigment dust, 

- SOx shall mean: 

- gaseous sulphur dioxide and trioxide released in the various stages of the manufacturing and 
internal waste treatment processes, including acid droplets; 

(b) where the chlorine process is used: 

- solid waste shall mean: 

- insoluble ore residues not broken down by the chlorine during the manufacturing process, 

- metal chlorides and metal hydroxides (filtration substances), arising in solid form from the 
manufacture of titanium tetrachloride, 

- coke residues arising from the manufacture of titanium tetrachloride, 

- strong acid waste shall mean: 

- waste containing more than 0,5 % free hydrochloric acid and various heavy metals (1); 

- treatment waste shall mean: 

-  filtration  salts,  sludges  and  liquid  waste  arising  from  the  treatment  (concentration  or 
neutralization)  of  strong  acid  waste  and  containing  various  heavy  metals,  but  not  including 
neutralized and filtered or decanted waste containing only traces of heavy metals and which, 
before any dilution, has a pH value over 5,5, 

- weak acid waste shall mean: 

-  wash  waters,  cooling  waters,  condensates  and  other  sludges  and  liquid  wastes,  other  than 
those included in the above definitions, containing 0,5 % or less free hydrochloric acid, 

- neutralized waste shall mean: 

EN 

85 

   EN 

 
-  any  liquid  which  has  a  pH  value  over  5,5,  contains  only  traces  of  heavy  metals,  and  is 
obtained  directly  by  filtration  or  decantation  from  strong  or  weak  acid  waste  after  its 
treatment to reduce its acidity and its heavy metal content, 

- dust shall mean: 

- all kinds of dust from production plants and in particular ore, pigment and coke dust, 

- chlorine shall mean: 

- gaseous chlorine released in the various stages of the manufacturing process; 

(c) where the sulphate process or the chlorine process is used 

- dumping shall mean: 

- any deliberate disposal into inland surface waters, internal coastal waters, territorial waters 
or the high seas of substances and materials by or from ships or aircraft (2) 

2. The terms defined in Directive 78/176/EEC shall have the same meaning for the purposes 
of this Directive. 

(cid:208) 92/112/EEC (adapted) 

Article 624 

⌦ Prohibition of the disposal of waste ⌫ 

Member States shall ⌦ prohibit the disposal ⌫ take the necessary measures to ensure that 
discharges  of  ⌦ the  following ⌫  waste  into  any  inland  surface  waters,  internal  coastal 
waters, territorial waters and the high ⌦ water body, ⌫ sea ⌦ or ocean ⌫ are prohibited: 

(1a) as regards solid waste; , strong acid waste and treatment waste from existing industrial 
establishments using the sulphate process: 

- by 15 June 1993 in all the abovementioned waters; 

(b) as regards solid waste and strong acid waste from existing industrial establishments using 
the chlorine process: 

- by 15 June 1993 in all the abovementioned waters. 

(cid:208) 92/112/EEC Art. 2(1)a 
(adapted) 

(2)  the  mother  liquors  arising  from  the  filtration  phase  following  hydrolysis  of  the  titanyl 
sulphate  solution  ⌦ from  installations  applying  the  sulphate  process ⌫  ;.  If  these  mother 
liquors are associated with weak ⌦ including the ⌫ acid wastes ⌦ waste associated with 
such liquors, containing overall more than 0.5% free sulphuric acid and various heavy metals, 
including acid waste ⌫ which overall ⌦ has been diluted until it contains ⌫ contain more 
than 0,5 % ⌦ or less ⌫ free sulphuric acid; and various heavy metals (3), the liquors and 
waste taken together shall be considered strong acid waste, 

⌦ (3) waste from installations applying the chloride process containing more than 0,5 % free 
hydrochloric  acid  and  various  heavy  metals,  including  such  waste  which  has  been  diluted 
until it contains 0.5% or less free sulphuric acid; ⌫ 

EN 

86 

   EN 

 
 
 
(4)  filtration  salts,  sludges  and  liquid  waste  arising  from  the  treatment  (concentration  or 
neutralisation) of strong acid ⌦ the ⌫ waste ⌦ mentioned under paragraphs (2) and (3)⌫ 
and  containing  various  heavy  metals,  but  not  including  neutralized  and  filtered  or  decanted 
waste containing only traces of heavy metals and which, before any dilution, has a pH value 
above 5,5., 

(cid:208) 78/176/EEC 

Article 2 

Member States shall take the necessary measures to ensure that waste is disposed of without 
endangering human health and without harming the environment, and in particular: 

– 

– 

without risk to water, air, soil and plants and animals; 

without deleteriously affecting beauty-spots or the countryside. 

Member  States  shall  take  appropriate  measures  to  encourage  the  prevention,  recycling  and 
processing  of  waste,  the  extraction  of  raw  materials  and  any  other  process  for  the  re-use  of 
waste. 

Article 3 

Article 4 

1. The discharge, dumping, storage, tipping and injection of waste are prohibited unless prior 
authorization is issued by the competent authority of the Member State in whose territory the 
waste is produced. Prior authorization must also be issued by the competent authority of the 
Member State 

– 

– 

in whose territory the waste is discharged, stored, tipped or injected; 

from whose territory it is discharged or dumped. 

2. Authorization may be granted for a limited period only. It may be renewed. 

Article 5 

In the case of discharge or dumping, the competent authority may, in accordance with Article 
2  and  on  the  basis  of  the  information  supplied  in  accordance  with  Annex  I,  grant  the 
authorization referred to in Article 4 provided that: 

(a) 

(b) 

(c) 

the waste cannot be disposed of by more appropriate means; 

an assessment carried out in the light of available scientific and technical knowledge 
shows  that  there  will  be  no  deleterious  effect,  either  immediate  or  delayed,  on  the 
aquatic environment; 

there is no deleterious effect on boating, fishing, leisure activities, the extraction of 
raw  materials,  desalination,  fish  and  shellfish  breeding,  on  regions  of  special 
scientifc importance or on other legitimate uses of the waters in question. 

EN 

87 

   EN 

 
 
Article 6 

In the case of storage, tipping or injection, the competent authority may, in accordance with 
Article 2, and on the basis of the information supplied in accordance with Annex I, grant the 
authorization referred to in Article 4, provided that: 

(a) 

(b) 

(c) 

the waste cannot be disposed of by more appropriate means; 

an assessment carried out in the light of available scientific and technical knowledge 
shows  that  there  will  be  no  detrimental  effect,  either  immediate  or  delayed,  on 
underground waters, the soil or the atmosphere; 

there  is  no  deleterious  effect  on  leisure  activities,  the  extraction  of  raw  materials, 
plants,  animals,  on  regions  of  special  scientific  importance  or  on  other  legitimate 
uses of the environment in question. 

(cid:208) 92/112/EEC (adapted) 

Article 3 

The  dumping  of  any  solid  waste,  strong  acid  waste,  treatment  waste,  weak  acid  waste,  or 
neutralized  waste,  as  referred  to  in  Article  2  shall  be  prohibited  with  effect  from  15  June 
1993. 

Article 5 

In  the  case  of  Member  States  which  have  serious  technical  and  economic  difficulties  in 
complying with the date of application referred to in Article 4, the Commission may grant an 
extension, provided that a programme for the effective reduction of discharges of such waste 
is submitted to the Commission by 15 June 1993. That programme must result in a definitive 
ban on such discharges by 30 June 1993. 

No later than three months after adoption of this Directive, the Commission shall be informed 
of  any  such  cases  and  shall  be  consulted  thereon.  The  Commission  shall  inform  the  other 
Member States. 

Article 11 

Member  States  shall  take  the  measures  necessary  to  ensure  that  all  waste  from  the  titanium 
dioxide industry, and in particular waste subject to prohibition on discharge or dumping into 
water or on discharge into the atmosphere is: 

- avoided or reused where technically and economically feasible, 

- reused or disposed of without endangering human health or harming the environment. 

The  same  shall  apply  to  waste  arising  from  the  reuse  or  treatment  of  the  abovementioned 
waste. 

(cid:208) 92/112/EEC (adapted) 

Article 636 

⌦ Control of emissions into water ⌫ 

EN 

88 

   EN 

 
 
 
⌦ 1.  Emissions  from  installations  into  water  shall  not  exceed  the  emission  limit  values  set 
out in Part 1 of Annex VIII. ⌫  

Member  States  shall  take  the  necessary  measures  to  ensure  that  discharges  of  waste  are 
reduced in accordance with the following provisions: 

(a) from existing industrial establishments using the sulphate process: 

- weak acid waste and neutralized waste shall be reduced by 31 December 1993 in all waters 
to a value of not more than 800 kg of total sulphate per tonne of titanium dioxide produced (i. 
e.  corresponding  to  the  SO4  ions  contained  in  the  free  sulphuric  acid  and  in  the  metallic 
sulphates); 

(b) from existing industrial establishments using the chlorine process: 

- weak acid waste, treatment waste and neutralized waste shall be reduced by 15 June 1993 in 
all waters to the following values of total chloride per tonne of titanium dioxide produced (i. 
e.  corresponding  to  the  C1  ions  contained  in  the  free  hydrochloric  acid  and  in  the  metallic 
chlorides): 

- 130 kg using neutral rutile, 

- 228 kg using synthetic rutile, 

- 450 kg using slag. 

In  the  case  of  an  establishment  using  more  than  one  type  or  ore,  the  values  shall  apply  in 
proportion to the quantity of these ores used. 

Article 7 

Except  where  inland  surface  waters  are  concerned,  Member  States  may  defer  the  date  of 
application referred to in point (a) of Article 6 until 31 December 1994 at the latest if serious 
technico-economic  difficulties  so  require  and  provided  that  a  programme  of  effective 
reduction of discharges of such waste is submitted to the Commission by 15 June 1993. Such 
a programme shall enable the following limit value per tonne of titanium dioxide produced to 
be reached by the date shown: 

- weak acid waste and neutralized waste: 1 200 kg - 15 June 1993, 

- weak acid waste and neutralized waste: 800 kg - 31 December 1994. 

Three  months  at  the  latest  following  adoption  of  this  Directive  the  Commission  shall  be 
informed of such cases, which shall be the subject of consultation with the Commission. The 
Commission shall inform the other Member States. 

Article 8 

1. As regards the requirements of Article 6, Member States may choose to make use of quality 
objectives  coupled  with  appropriate  limit  values  applied  in  such  a  way  that  the  effects  in 
terms of protecting the environment and avoiding distortions of competition are equivalent to 
that of the limit values laid down in this Directive. 

2.  If  a  Member  State  chooses  to  make  use  of  quality  objectives,  it  shall  present  to  the 
Commission  a  programme  (1)  demonstrating  that  the  measures  achieve  an  effect  which,  in 
terms of protecting the environment and avoiding distortion of competition, is equivalent to 
that of the limit  values by the dates  when these  limit  values are applied  in  accordance with 
Article 6. 

EN 

89 

   EN 

 
This programme shall be submitted to the Commission at least six months before the Member 
State proposes to apply the quality objectives. 

This programme shall be assessed by the Commission in accordance with the procedures laid 
down in Article 10 of Directive 78/176/EEC. 

The Commission shall inform the other Member States. 

(cid:208) 78/176/EEC (adapted) 

Article 8 

2.1.  The  competent  authority  in  the  Member  States  concerned  shall  take  ⌦ the  necessary 
measures to ensure that acute toxicity tests are carried out in accordance with point 1 of Part 2 
of Annex VIII and that the results of those tests comply with the values set out in point 2 of 
Part 2 of Annex VIII. ⌫ all appropriate steps to remedy one of the following situations and, 
if necessary, shall require the suspension of discharge, dumping, storage, tipping or injection 
operations: 

(a) 

(b) 

if  the  results  of  the  monitoring  provided  for  in  Annex  II  (A)  (1)  show  that  the 
conditions for the prior authorization referred to in Articles 4, 5 and 6 have not been 
fulfilled, or 

if the results of the acute toxicity tests referred to in Annex II (A) (2) show that the 
limits laid down therein have been exceeded, or 

(c) 

if the results of the monitoring which the Member States are obliged to carry out on 
the environment concerned reveal a deterioration in the area under consideration, or 

(cid:208) 82/883/EEC Art. 12 (adapted) 

(cid:208) 78/176/EEC (adapted) 

(d) 

(e) 

if  discharge  or  dumping  produces  a  deleterious  effect  on  boating,  fishing,  leisure 
activities, the extraction of raw materials, desalination, fish and shellfish breeding, on 
regions of special scientific importance or on other legitimate uses of the waters in 
question, or 

if storage, tipping or injection produces a deleterious effect on leisure activities, the 
extraction  of  raw  materials,  plants,  animals,  on  regions  of  special  scientific 
importance or on other legitimate uses of the environments in question. 

2. If several Member States are concerned, the measures shall be taken after consultation. 

(cid:208) 78/176/EEC 
(cid:206)1 83/29/EEC Art. 1 

Article 9 

1.  Member  States  shall  draw  up  programmes  for  the  progressive  reduction  and  eventual 
elimination of pollution caused by waste from existing industrial establishments. 

EN 

90 

   EN 

 
 
 
 
 
2.  The  programmes  mentioned  in  paragraph  1  shall  set  general  targets  for  the  reduction  of 
pollution from liquid, solid and gaseous waste, to be achieved by 1 July 1987 at the latest. The 
programmes  shall  also  contain  intermediate  objectives.  They  shall,  moreover,  contain 
information  on  the  state  of  the  environment  concerned,  on  measures  for  reducing  pollution 
and on methods for treating waste that is directly caused by the manufacturing processes. 

3. (cid:206)1 By 1 July 1980 at the latest the programmes referred to in paragraph 1 shall be sent to 
the  Commission,  which,  before  15  March  1983,  shall  submit  suitable  proposals  to  the 
Council  for the harmonization of these programmes in regard to the reduction and eventual 
elimination of pollution and the improvement of the conditions of competition in the titanium 
dioxide  industry.  The  Council  shall  act  on  these  proposals  within  six  months  of  the 
publication  of  the  opinion  of  the  European  Parliament  and  that  of  the  Economic  and  Social 
Committee in the Official Journal of the European Communities. 

4. Member States shall introduce a programme by 1 January 1982 at the latest. 

Article 10 

1.  The  programmes  referred  to  in  Article  9  (1)  must  cover  all  existing  industrial 
establishments and must set out the measures to be taken in respect of each of them. 

2.  Where,  in  particular  circumstances,  a  Member  State  considers  that,  in  the  case  of  an 
individual  establishment,  no  additional  measures  are  necessary  to  fulfil  the  requirements  of 
this  Directive,  it  shall,  within  six  months  of  notification  of  this  Directive,  provide  the 
Commission with the evidence which has led it to that conclusion. 

3. After conducting any independent verification of the evidence that may be necessary, the 
Commission  may  agree  with  the  Member  State  that  it  is  not  neccessary  to  take  additional 
measures in respect of the individual establishment concerned. The Commission must give its 
agreement, with reasons, within six months. 

4. If the Commission does not agree with the Member State, additional measures in respect of 
that establishment shall be included in the programme of the Member State concerned. 

5. If the Commission does agree, its agreement will be periodically reviewed in the light of 
the  results  of  the  monitoring  carried  out  pursuant  to  this  Directive  and  in  the  light  of  any 
significant change in the manufacturing processes or in environmental policy objectives. 

Article 11 

New industrial establishments shall be subject to applications for prior authorization made to 
the competent authorities of the Member State on whose territory it is proposed to build the 
establishments. Such authorizations must be preceded by environmental impact surveys. They 
may  be  granted  only  to  firms  which  give  an  undertaking  to  use  only  such  of  the  materials, 
processes and techniques available on the market as are least damaging to the environment. 

Without prejudice to this Directive, Member States may adopt more stringent regulations. 

Article 12 

EN 

91 

   EN 

 
(cid:208) 92/112/EEC (adapted) 

Article 649 

⌦ Prevention and control of emissions into air ⌫ 

1.(iii)  Member  States  shall  require  means  to  be  installed  for  preventing  Thethe  emission  of 
acid droplets ⌦ from the installations shall be prevented ⌫ ; 

⌦ 2. Emissions to air from the installations shall not exceed the emission limit values set out 
in Part 3 of Annex VIII. ⌫ 

Member  States  shall  monitor  the  values  and  reductions  specified  in  Articles  6,  8  and  9  in 
relation to the actual production of each establishment. 

Article 10 

(cid:208) 78/176/EEC (adapted) 

Article 765 

⌦ Monitoring of emissions and the environment ⌫ 

1. Irrespective of the method and extent of treatment of the waste in question, its discharge, 
dumping, storage, tipping and injection shall be accompanied by the monitoring referred to in 
Annex  II  of  the  waste  and  of  the  environment  concerned  having  regard  to  its  physical, 
chemical, biological and ecological aspects.  

2.  The  monitoring  operations  shall  be  carried  out  periodically  by  one  or  more  bodies 
appointed by the Member State the competent authority of which has issued the authorization 
provided for in Article 4. In the case of cross-frontier pollution between Member States, the 
body in question shall be appointed jointly by the parties concerned.  

3.  Within  one  year  of  notification  of  this  Directive,  the  Commission  shall  submit  to  the 
Council a proposal on the procedures for the surveillance and monitoring of the environments 
concerned. The Council shall act on this proposal within six months of the publication of the 
opinion  of  the  European  Parliament  and  that  of  the  Economic  and  Social  Committee  in  the 
Official Journal of the European Communities. 

⌦ 1. Member States shall ensure the monitoring of emissions into water in order to enable 
the competent authority to verify compliance with the permit conditions and Article 63. ⌫ 

⌦ 2. Member States shall ensure the monitoring of emissions into air in order to enable the 
competent authority to verify compliance with the permit conditions and Article 64. ⌫ 

Such monitoring shall include at least monitoring of emissions as set out in Part 5 of Annex 
VII.  

(cid:216) new 

EN 

92 

   EN 

 
 
 
 
(cid:208) 82/883/EEC (adapted) 

Article 4 

31.  Member  States  shall  ⌦ ensure  the ⌫  carry  out  surveillance  and  monitoring  of  the 
environments  ⌦ environment ⌫  affected  ⌦ by  discharges  of  waste  from  installations 
producing titanium dioxide into water in accordance with Part 4 of Annex VIII. ⌫ and of a 
neighbouring  zone  deemed  to  be  unaffected,  special  account  being  taken  of  local 
environmental factors and the manner of disposal, i.e. whether intermittent or continuous.  

2.  Except  where  otherwise  specified  in  the  Annexes,  Member  States  shall  determine  on  a 
case-by-case basis the exact sites from which samples  are to be taken, the distance of these 
sites  from  the  nearest  pollutant  disposal  point  and  the  depth  or  height  at  which  the  samples 
must be taken.  

The samples must be taken at the same location and depth and under the same conditions in 
the course of successive sampling operations, for example in the case of tidal waters, at the 
same time in relation to high tide, tidal coefficient.  

3.  For  the  monitoring  and  inspection  of  the  environments  affected,  Member  States  shall 
determine the frequency of sampling and analysis for each parameter listed in the Annexes.  

For  parameters  where  determination  is  mandatory,  the  frequency  of  sampling  and  analysis 
must not be less than the minimum frequencies indicated in the Annexes. However, once the 
behaviour,  fate  and  effects  of  the  waste  have,  as  far  as  possible,  been  established,  and 
provided there is no significant deterioration in the quality of the environment, Member States 
may provide for a frequency of sampling and analysis below these frequencies. Should there 
subsequently be any significant deterioration in the quality of the environment as a result of 
the  waste  or  of  any  change  in  the  disposal  operation,  the  Member  State  shall  revert  to 
sampling and analysis at a frequency not less than that specified in the Annexes. If a Member 
State  considers  it  necessary  or  advisable,  it  may  distinguish  between  different  parameters, 
applying  this  subparagraph  to  those  parameters  where  no  significant  deterioration  in  the 
quality of the environment has been recorded.  

4.  For  the  monitoring  and  inspection  of  an  appropriate  neighbouring  zone  deemed  to  be 
unaffected,  the  laying  down  of  the  frequency  of  sampling  and  analysis  shall  be  assessed  by 
the  Member  States.  When  a  Member  State  finds  that  it  is  not  possible  to  identify  such  a 
neighbouring zone, it shall inform the Commission to that effect.  

4. Monitoring shall be carried out in accordance with CEN standards or, if CEN standards are 
not  available,  ISO  standards,  national  or  international  standards  which  will  ensure  the 
provision of data of an equivalent scientific quality. 

(cid:216) new 

EN 

93 

   EN 

 
 
 
(cid:208) 82/883/EEC (adapted) 

Article 5 

1. The reference methods of measurement for determining the parametric values are specified 
in  the  Annexes.  Laboratories  using  other  methods  must  ensure  that  the  results  obtained  are 
comparable. 

2.  The  containers  used  to  carry  the  samples,  the  agents  or  methods  used  to  preserve  a  part 
sample  with  a  view  to  analysis  of  one  or  more  parameters,  the  transport  and  storage  of 
samples and their preparation for analysis must be such that they do not significantly affect 
the analytical results. 

For the surveillance and monitoring of the environments affected, Member States may, at any 
time, lay down other parameters in addition to those laid down by this Directive. 

Article 6 

(cid:208) 78/176/EEC 

Article 13 

1. For the purposes of this Directive, Member States shall supply the Commission with all the 
necessary information relating to: 

– 

– 

– 

the authorizations issued pursuant to Articles 4, 5 and 6, 

the  results  of  the  monitoring  of  the  environment  concerned  carried  out  pursuant  to 
Article 7, 

the measures taken pursuant to Article 8. 

They  shall  also  supply  the  Commission  with  general  information  concerning  the  materials, 
processes and techniques notified to them pursuant to Article 11. 

2. Information acquired as a result of the application of this Article may be used only for the 
purposes of this Directive. 

3.  The  Commission  and  the  competent  authorities  of  the  Member  States,  their  officials  and 
other servants shall not disclose information acquired by them pursuant to this Directive and 
of a kind covered by the obligation of professional secrecy. 

4. Paragraphs 2 and 3 shall not prevent publication of general information or surveys which 
do not contain information relating to particular undertakings or associations of undertakings. 

Article 14 

(cid:208) 91/692/EEC Art. 2(1) and 
Annex I.b 

At intervals of three years the Member  States shall send information to the Commission  on 
the implementation of this Directive, in the form of a sectoral report which shall also cover 
other  pertinent  Community  Directives.  This  report  shall  be  drawn  up  on  the  basis  of  a 

EN 

94 

   EN 

 
 
 
 
questionnaire  or  outline  drafted  by  the  Commission  in  accordance  with  the  procedure  laid 
down in Article 6 of Directive 91/692/EEC54. The questionaire or outline shall be sent to the 
Member  States  six  months  before  the  start  of  the  period  covered  by  the  report.  The  report 
shall  be  sent  to  the  Commission  within  nine  months  of  the  end  of  the  three-year  period 
covered by it. 

The first report shall cover the period from 1993 to 1995 inclusive. 

The  Commission  shall  publish  a  Community  report  on  the  implementation  of  the  Directive 
within nine months of receiving the reports from the Member States. 

(cid:208) 82/883/EEC 

Article 7 

1. The report which the Member States are required to forward to the Commission pursuant to 
Article  14  of  Directive  78/176/EEC  shall  contain  details  of  the  surveillance  and  monitoring 
operations  carried  out  by  the  bodies  appointed  in  accordance  with  Article  7  (2)  of  that 
Directive. These details shall, in respect of each environment affected, include the following 
information: 

– 

– 

– 

– 

– 

a description of the sampling point, including its permanent features, which may be 
coded, and other administrative and geographical information. This information shall 
be provided only once when the sampling point is designated, 

a description of the sampling methods used, 

the results of the measurements of the parameters whose determination is mandatory 
and,  where  Member  States  consider  it  useful,  also  those  of  parameters  whose 
determination is optional, 

the methods of measurement and analysis used and, where appropriate, their limit of 
detection, accuracy and precision, 

changes, adopted in accordance with Article 4 (3), in the frequency of sampling and 
analysis. 

2.  The  first  set  of  data  to  be  communicated  pursuant  to  paragraph  1  shall  be  that  gathered 
during the third year following notification of this Directive. 

3. The Commission shall, with the prior agreement of the Member State concerned, publish a 
summary of the information supplied to it. 

4.  The  Commission  shall  assess  the  effectiveness  of  the  procedure  for  the  surveillance  and 
monitoring of the environments affected and shall — no later than six years after notification 
of  this  Directive  —  place  before  the  Council,  if  appropriate,  proposals  to  improve  this 
procedure and, if necessary, to harmonize the methods of measurement including their limit 
of detection, accuracy and precision and the sampling methods. 

Member States may derogate from this Directive in the event of flooding or natural disaster or 
on account of exceptional weather conditions. 

Article 8 

54 

OJ No L 377, 31. 12. 1991, p. 48. 

EN 

95 

   EN 

 
 
                                                 
Article 9 

The requisite amendments to adapt the contents of the Annexes as regards: 

parameters listed in the «optional determination» column, 

reference methods of measurement, 

to  scientific  and  technical  progress  shall  be  adopted  in  accordance  with  the  procedure  laid 
down in Article 11. 

Article 13 

Where  waste  elimination  requires  that,  in  accordance  with  Article  4  (1)  of  Directive 
78/176/EEC,  the  competent  authorities  of  more  than  one  Member  State  should  issue  prior 
authorizations,  the  Member  States  involved  shall  consult  each  other  on  the  content  and  the 
implementation of the monitoring programme. 

EN 

96 

   EN 

 
(cid:208) 96/61/EC (adapted) 

Chapter VII  

⌦ Committee, transitional and final provisions ⌫ 

(cid:216) new 

Article 66 

Competent authorities 

Member States shall designate the competent authorities and bodies responsible for carrying 
out the obligations arising from this Directive.  

Article 67 

Reporting by Member States  

1. Member States shall ensure that information is made available to the Commission on the 
implementation  of  this  Directive,  on  representative  data  on  the  emissions  and  other 
environmental  effects,  on  emission  limit  values  and  on  the  application  of  best  available 
techniques in accordance with Articles 15 and 16.  

Member  States  shall  develop  and  regularly  upgrade  national  information  systems  to  make 
available in an electronic format the information referred to in the first subparagraph. 

2.  The  Commission  shall  establish  the  type  and  format  of  the  information  to  be  made 
available by the Member States pursuant to paragraph 1.  

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. Within 3 years of the date referred to in Article 71(1), and every three years thereafter, the 
Commission  shall  submit  to  the  European  Parliament  and  the  Council  a  report  on  the 
implementation  of  this  Directive  on  the  basis  of  the  information  referred  to  in  paragraph  1 
accompanied by a legislative proposal where appropriate. 

Article 68 

Amendments of Annexes  

On the basis of best available techniques the Commission shall adapt Parts 3 and 4 of Annexe 
V, Parts 1, 2, 6, 7 and 8 of Annex VI, Parts1, 5, 6, 7 and 8 of Annex VII and Parts 2 and 4 of 
Annex VIII to scientific and technical progress. 

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).  

EN 

97 

   EN 

 
 
 
(cid:208) 82/883/EEC 

Article 10 

1.  A  committee  on  adaptation  to  technical  progress  (hereinafter  referred  to  as  «the 
committee»),  consisting  of  representatives  of  the  Member  States  and  chaired  by  a 
Commission representative, is hereby set up. 

(cid:208) 807/2003 Art. 3 and Annex 
III.34 

1. The Commission shall be assisted by the committee on adaptation to technical progress. 

Article 11 

(cid:208) 1882/2003 Art. 3 and Annex 
III.61 

Article 1969 

Committee procedure 

(cid:208) 1882/2003 Art. 1 and Annex 
I.17, and Art. 3 and Annex III.61 

1. The Commission shall be assisted by a committee. 

(cid:208) 2000/76/EC 

Article 17 

Regulatory committee 

1. The Commission shall be assisted by a regulatory committee. 

2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall 
apply, having regard to the provisions of Article 8 thereof. 

2. Where reference is made to this Article, Articles 5 and 7 of Decision 1999/468/EC55 shall 
apply. 

(cid:208) 807/2003 Art. 3 and Annex 
III.34 

55 

OJ L 184, 17.7.1999, p. 23. 

EN 

98 

   EN 

 
 
 
 
 
 
 
                                                 
2. Where reference is made to this Article, Articles 5 and 7 of Decision 1999/468/EC56 shall 
apply, having regard to the provisions of Article 8 thereof. 

(cid:208) 1882/2003 Art. 1 and Annex 
I.17, and Art. 3 and Annex III.61 

The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months. 

(cid:208) 807/2003 Art. 3 and Annex 
III.34, 1882/2003 Art. 3 and 
Annex III.61, 2000/76/EC Art. 17 

3. The Committee shall adopt its rules of procedure. 

3. The committee shall adopt its own rules of procedure. 

(cid:208) 807/2003 Art. 3 and Annex 
III.34, 1882/2003 Art. 1 and 
Annex I.17, and Art. 3 and Annex 
III.61 

(cid:208) 2000/76/EC Art. 17 

(cid:216) new 

2. Where reference is made to this paragraph, Articles 5a (1) to (4), and Article 7 of Decision 
1999/468/EC shall apply, having regard to the provisions of Article 8 thereof. 

(cid:208) 1999/13/EC Art. 14 (adapted) 

Article14 

Sanctions 

Member States shall determine the sanctions applicable to breaches of the national provisions 
adopted  pursuant  to  this  Directive  and  shall  take  all  necessary  measures  for  their 
implementation.  The  sanctions  determined  must  be  effective,  proportionate  and  dissuasive. 
Member  States  shall  notify  those  provisions  to  the  Commission  by  the  date  mentioned  in 
Article 15, and shall notify any subsequent modification of them as soon as possible. 

(cid:208) 2000/76/EC (adapted) 

Article 19 

Penalties 

56 

Council  Decision  1999/468/EC  of  28 June  1999  laying  down  the  procedures  for  the  exercise  of 
implementing powers conferred on the Commission (OJ L 184, 17.7.1999, p. 23). 

EN 

99 

   EN 

 
 
 
 
 
 
 
 
                                                 
The Member States shall determine penalties applicable to breaches of the national provisions 
adopted  pursuant  to  this  Directive.  The  penalties  thus  provided  for  shall  be  effective, 
proportionate  and  dissuasive.  The  Member  States  shall  notify  those  provisions  to  the 
Commission  by  28  December  2002  at  the  latest  and  shall  notify  it  without  delay  of  any 
subsequent amendment affecting them. 

(cid:208) 2001/80/EC (adapted) 

Article 16 

The  Member  States  shall  determine  the  penalties  applicable  to  breaches  of  the  national 
provisions  adopted  pursuant  to  this  Directive.  The  penalties  thus  provided  for  shall  be 
effective, proportionate and dissuasive. 

(cid:216) new 

Article 70 

Penalties 

Member  States  shall  determine  penalties  applicable  to  breaches  of  the  national  provisions 
adopted  pursuant  to  this  Directive.  The  penalties  thus  provided  for  shall  be  effective, 
proportionate and dissuasive. Member States shall notify those provisions to the Commission 
by [day/month/year (e.g. 1 January 2011)] at the latest and shall notify it without delay of any 
subsequent amendment affecting them. 

(cid:208)  

Article 71 

Transposition  

1.  Member  States  shall  bring  into  force  the  laws,  regulations  and  administrative  provisions 
necessary to comply with Articles 2, 3(4), 3(14)-(18), 4(2), 5, 6, 8(1), 9(2) b), 12(8), 13(1) e), 
14, 15(1) d), 15(3)-(5), 16(2)-(5), 17, 18 (2)-(4), 22(2)-(3), 22(4) b) and d), 23, 24, 25, 26 (1) 
d), 26(2), 26(3) c)-g), 29 a)-b), 30, 32, 33(3), 35(2)-(4), 36, 37(2), 43(5), 65(2), 65(4), 66-67 
and  70,  and  Annexes  points  1.1,  2.5(c),  3.5,  4.7,  5.2,  5.3,  6.1(c),  6.4(b),  6.6,  6.9,  6.10  of 
Annex I, point 1(b) of Annex IV, Parts 1-4 of Annex V, point b) of Part 1, points 2.2, 3.1 and 
3.2 of Part 4, points 2.5 and 2.6 of Part 6 of Annex VI, point 3 of Part 7 of Annex VII, point 1 
and  2(c)  of  Part  1  and  points  2-3  of  Part  3  of  Annex  VIII  by  [day/month/year  (eg  30  June 
2012 ie 1.5 years after the entry into force)] at the latest. They shall forthwith communicate to 
the Commission the text of those provisions and a correlation table between those provisions 
and this Directive.  

They shall apply those provisions from [day/month/year (eg 30 June 2012 ie 1.5 years after 
the  entry  into  force)].When  Member  States  adopt  those  provisions,  they  shall  contain  a 
reference  to  this  Directive  or  be  accompanied  by  such  a  reference  on  the  occasion  of  their 
official publication. Member States shall determine how such reference is to be made.  

2.  Member  States  shall  communicate  to  the  Commission  the  text  of  the  main  provisions  of 
national law which they adopt in the field covered by this Directive. 

EN 

100 

   EN 

 
 
 
 
Article 72 

Repeal  

1.  Directives  78/176/EEC,  82/883/EEC,  92/112/EEC,  96/61/EC,  1999/13/EC  and 
2000/76/EC, as amended by the acts listed in Annex IX, Part A are repealed with effect from 
[day/month/year (e.g. 1 January 2014 ie 3 years after entry into force)] , 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.  

2. Directive 2001/80/EC as amended by the acts listed in Annex IX, Part A is repealed with 
effect from 1 January 2016, 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.  

3. References to the repealed Directives shall be construed as references to this Directive and 
shall be read in accordance with the correlation table in Annex X.  

(cid:216) new 

Article 73 

Transitional provisions 

1. In relation to installations referred to in Annex I, in points 1.2, 1.3, 1.4, 2.1 to 2.4, points (a) 
and (b) of point 2.5, points 2.6, 3, 4.1 to 4.6, 5.1, 5.2, points (a) and (b) of point 5.3, point 5.4, 
points (a) and (b) of point 6.1, points 6.2 to 6.5, points (b) and (c) of point 6.6, points 6.7 and 
6.8  as  well  as  installations  referred  to  in  point  1.1  with  a  rated  thermal  input  of  50  MW  or 
more and installations referred to in point (a) of point 6.6 with more than 40 000 places for 
poultry  and  which  are  in  operation  and  hold  a  permit  or  which  have  submitted  a  complete 
application  for  a  permit  before  the  date  referred  to  in  Article  71(1),  provided  that  those 
installations are put into operation no later than one year after that date, Member States shall 
apply the laws, regulations and administrative provisions adopted in accordance with Article 
71(1) from [day/month/year (eg 1 January 2014 ie 3 years after entry into force).  

2. In relation to installations referred to in Annex I, in point (c) of point 2.5, points (c), (d) and 
(e) of point 5.3, point (c) of point 6.1, points 6.9 and 6.10 as well as installations referred to in 
point 1.1 with a rated thermal input below 50 MW and installations referred to in point (a) of 
point 6.6 with less than 40 000 places for poultry and which are in operation before the date 
referred  to  in  Article  71(1),  Member  States  shall  apply  the  laws,  regulations  and 
administrative provisions adopted in accordance with Article 71(1) from [day/month/year (eg 
1 July 2015 ie 4.5 years after entry into force).  

3.  In  relation  to  combustion  plants  covered  by  Chapter  III,  Member  States  shall  apply  the 
laws, regulations and administrative provisions adopted in accordance with Article 71(1) from 
1 January 2016.  

4. In relation to combustion plants which co-incinerate waste, point 3.1 of Part 4 of Annex VI 
shall apply until 31 December 2015.  

However, as from 1 January 2016 point 3.2 of Part 4 of Annex VI shall apply in relation to 
those plants. 

EN 

101 

   EN 

 
 
(cid:208)  

Article 74 

Entry into force 

This Directive shall enter into force on the twentieth day following that of its publication in 
the Official Journal of the European Union.  

Article 75 

Addressees 

This Directive is addressed to the Member States. 

Done at Brussels, […] 

For the European Parliament 
The President 
[…] 

For the Council 
The President 
[…] 

EN 

102 

   EN 

 
 
(cid:208) 96/61/EC (adapted) 

ANNEX I 

Categories of industrial activities referred to in Article 1 11  

1.  Installations  or  parts  of  installations  used  for  research,  development  and  testing  of  new 
products and processes are not covered by this Directive. 

2.  The  threshold  values  given  below  generally  refer  to  production  capacities  or  outputs. 
Where  one  operator  carries  out  several  activities  falling  under  the  same  subheading 
⌦ point are operated ⌫ in the same installation or on the same site, the capacities of such 
activities are added together. 

(cid:216) new 

When  calculating  the  total  rated  thermal  input  of  installations  referred  to  in  point  1.1, 
combustion  plants  with  a  rated  thermal  input  below  3  MW  shall  not  be  included  for  the 
purposes of this calculation. 

When  calculating  the  total  rated  thermal  input  of  installations  referred  to  in  point  1.1, 
combustion plants with a rated thermal input below 50 MW and operating no more than 350 
hours per year shall not be included for the purposes of this calculation. 

(cid:208) 96/61/EC (adapted) 
(cid:214) new 

1. Energy industries 

1.1 

Combustion  ⌦ of  fuels  in ⌫  installations  with  a  ⌦ total ⌫  rated  thermal  input 
exceeding 50 MW (1) (cid:214) of 20 MW or more  

1.2.  ⌦ Refining of ⌫ mMineral oil and gas refineries  

1.3.  ⌦ Production of ⌫ cCoke ovens 

1.4. 

Coal Gasification ⌦ or ⌫ and liquefaction ⌦ of fuels ⌫ plants 

2. Production and processing of metals 

2.1. 

2.2. 

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 

2.3. 

Installations for the Processing of ferrous metals: 

(a)  ⌦  operation  of ⌫  hot-rolling  mills  with  a  capacity  exceeding  20  tonnes  of 

crude steel per hour; 

(b)  ⌦ operation of ⌫ smitheries with hammers the energy of which exceeds 50 

kilojoule per hammer, where the calorific power used exceeds 20 MW; 

(c) 

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

2.4.  ⌦ Operation of ⌫ fFerrous metal foundries with a production capacity exceeding 

20 tonnes ⌦ of good castings ⌫ per day 

EN 

103 

   EN 

 
 
 
 
2.5.  ⌦ Processing of non-ferrous metals: ⌫ Installations 

(a) 

(b) 

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

for  the  smelting  ⌦ 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 ⌦ and excluding operation of foundries; ⌫ 

(c) 

operation of non-ferrous metal foundries producing cast metal products, with a 
production capacity of good castings exceeding 2,4 tonnes per day for lead and 
cadmium or 12 tonnes per day for all other metals. 

(cid:216) new 

(cid:208) 96/61/EC (adapted) 
(cid:214) new 

2.6. 

Installations for sSurface treatment of metals ⌦ or ⌫ and plastic materials using an 
treatment  vats 
electrolytic  or  chemical  process  where 
exceeds 30 m3  

the  volume  of 

the 

3. Mineral industry 

3.1. 

3.2. 

3.3. 

3.4. 

3.5. 

Installations for the pProduction 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 

Installations  for  the  pProduction  of  asbestos  ⌦  or  ⌫  and  the  manufacture  of 
asbestos-based products 

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

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

Installations  for  the  mManufacture  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 (cid:214) or  with a setting density per kiln exceeding 300 kg/m3 

4. Chemical industry 

⌦ For  the  purpose  of  this  section,  ⌫  Pproduction  within  the  meaning  of  the  categories  of 
activities  contained  in  this  section  means  the  production  on  an  industrial  scale  by 
chemical (cid:214) or biological  processing of substances or groups of substances listed in Sections 
points 4.1 to 4.74.6 

4.1. 

Chemical installations for the pProduction of basic organic chemicals, such as: 

(a) 

simple  hydrocarbons  (linear  or  cyclic,  saturated  or  unsaturated,  aliphatic  or 
aromatic); 

EN 

104 

   EN 

 
 
 
(b)  oxygen-containing hydrocarbons such as alcohols, aldehydes, ketones, carboxylic 

acids, esters, acetates, ethers, peroxides, epoxy resins; 

(c) 

sulphurous hydrocarbons; 

(d)  nitrogenous  hydrocarbons  such  as  amines,  amides,  nitrous  compounds,  nitro 

compounds or nitrate compounds, nitriles, cyanates, isocyanates; 

(e) 

(f) 

phosphorus-containing hydrocarbons; 

halogenic hydrocarbons; 

(g)  organometallic compounds; 

(h)  basic plastic materials (polymers synthetic fibres and cellulose-based fibres); 

(i) 

(j) 

synthetic rubbers; 

dyes and pigments; 

(k) 

surface-active agents and surfactants. 

4.2. 

Chemical  installations  for  the  pProduction  of  basic  inorganic  chemicals,  such 
as: 

(a) 

(b) 

(c) 

(d) 

(e) 

gases,  such  as  ammonia,  chlorine  or  hydrogen  chloride,  fluorine  or  hydrogen 
fluoride, carbon oxides, sulphur compounds, nitrogen oxides, hydrogen, sulphur 
dioxide, carbonyl chloride; 

acids,  such  as  chromic  acid,  hydrofluoric  acid,  phosphoric  acid,  nitric  acid, 
hydrochloric acid, sulphuric acid, oleum, sulphurous acids; 

bases, such as ammonium hydroxide, potassium hydroxide, sodium hydroxide; 

salts,  such  as  ammonium  chloride,  potassium  chlorate,  potassium  carbonate, 
sodium carbonate, perborate, silver nitrate; 

non-metals, metal oxides or other inorganic compounds such as calcium carbide, 
silicon, silicon carbide. 

4.3. 

4.4. 

4.5. 

Chemical installations for the pProduction of phosphorous-, nitrogen- or potassium-
based fertilizers (simple or compound fertilizers) 

Chemical installations for the pProduction of  basic plant health products ⌦ or ⌫ 
and of biocides 

Installations  using  a  chemical  or  biological  process  for  the  Production  of  basic 
pharmaceutical products ⌦ including intermediates ⌫ 

4.6. 

Chemical installations for the pProduction of explosives 

4.7. 

Production of chemicals for use as fuels or lubricants 

(cid:216) new 

5. Waste management 

(cid:208) 96/61/EC (adapted) 
(cid:214) new 

EN 

105 

   EN 

 
 
 
Without  prejudice  of  Article  11  of  Directive  75/442/EEC  or  Article  3  of  Council  Directive 
91/689/EEC of 12 December 1991 on hazardous waste (1): 

5.1. 

Installations for the dDisposal 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 II A and 
II  B  (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  (2),  with  a 
capacity exceeding 10 tonnes per day ⌦ involving the following activities: ⌫ 

⌦ (a) biological treatment;⌫ 

⌦ (b) physico-chemical treatment; ⌫ 

⌦ (c) incineration or co-incineration; ⌫ 

⌦ (d) blending or mixing; ⌫ 

⌦ (e) repackaging; ⌫ 

⌦ (f) storage with a capacity exceeding 10 tonnes of storage; ⌫ 

⌦ (g) use principally as a fuel or other means to generate energy; ⌫ 

⌦ (h) solvent reclamation/regeneration; ⌫ 

⌦ (i)  recycling/reclamation  of  inorganic  materials  other  than  metals  or  metal 

compounds; ⌫ 

⌦ (j) regeneration of acids or bases; ⌫ 

⌦ (k) recovery of components used for pollution abatement; ⌫ 

⌦ (l) recovery of components from catalysts; ⌫ 

⌦ (m) oil re-refining or other reuses of oil. ⌫ 

5.2. 

5.3. 

Installations for the iIncineration of (cid:214) non-hazardous  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 (3) and Council Directive 89/429/EEC 
of  21  June  1989  on  the  reduction  of  air  pollution  from  existing  municipal  waste-
incineration plants (4) with a capacity exceeding 3 tonnes per hour. 

Installations for the dDisposal (cid:214) or recovery  of non-hazardous waste as defined in 
Annex  II  A  to  Directive  75/442/EEC  under  headings  D8  and  D9,  with  a  capacity 
exceeding 50 tonnes per day ⌦ involving the following activities: ⌫  

⌦ (a) biological treatment; ⌫ 

⌦ (b) physico-chemical treatment; ⌫ 

(cid:216) new 

(c) pre-treatment of waste for co-incineration; 

(d) treatment of slags and ashes; 

(e) treatment of scrap metal. 

EN 

106 

   EN 

 
 
(cid:208) 96/61/EC (adapted) 

5.4 

Landfills  receiving  more  than  10  tonnes  per  day  or  with  a  total  capacity  exceeding 
25000 tonnes, excluding landfills of inert waste 

6. Other activities 

6.1. 

Industrial plants for the pProduction ⌦ in industrial -installations ⌫ of: 

(a) 

pulp from timber or other fibrous materials; 

(b)  paper ⌦  or ⌫  and ⌦ card ⌫  board  with  a  production  capacity  exceeding 

20 tonnes per day; 

(c)  wood-based panels, with the exception of plywood, with a production capacity 

exceeding 600 m³ per day. 

(cid:216) new 

(cid:208) 96/61/EC (adapted) 
(cid:214) new 

6.2. 

6.3. 

6.4. 

Plants for the pPre-treatment (operations such as washing, bleaching, mercerization) 
or dyeing of ⌦ textile ⌫ fibres or textiles where the treatment capacity exceeds 10 
tonnes per day 

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

(a)  ⌦  Operating ⌫  Sslaughterhouses  with  a  carcass  production  capacity  greater 
than 50 tonnes per day 

(b) Treatment and processing, (cid:214) other than exclusively packaging, of the following 
raw  materials,  whether  previously  processed  or  unprocessed   ,  intended  for 
the production of food products (cid:214) for humans or animals from  : 

(i) 

animal raw materials (other than ⌦ exclusively ⌫ milk) with a finished 
product production capacity greater than 75 tonnes per day 

(ii)  vegetable  raw  materials  with  a  finished  product  production  capacity 
greater than 300 tonnes per day (average value on a quarterly basis) 

(iii)  a  mix  of  animal  and  vegetable  raw  materials  with  a  finished  product 

production capacity in tonnes per day greater than: 

(cid:216) new 

– 

– 

75 if A is equal to 10 or more; or 

[300- (22.5 x A)] in any other case 

where  'A'  is  the  portion  of  animal  material  (in  percent)  of  the  finished 
product production capacity 

Packaging shall not be included in the final weight of the product. 

This subsection shall not apply where the raw material is milk only. 

EN 

107 

   EN 

 
 
 
 
 
 
(cid:208) 96/61/EC (adapted) 

(c)  Treatment and processing of milk ⌦ only ⌫, the quantity of milk received being 

greater than 200 tonnes per day (average value on an annual basis) 

6.5. 

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

6.6 

Installations for the Iintensive rearing of poultry or pigs with more than: 

(a) 

40000 places for poultry  

(a) 

40000 places for broilers or 30 000 places for laying hens or 24 000 places for 
ducks or 11 500 places for turkeys 

(cid:216) new 

(b) 

(c) 

2 000 places for production pigs (over 30 kg), or 

750 places for sows 

(cid:208) 96/61/EC 

(cid:216) new 

In  cases  of  other  poultry  species  than  referred  in  point  (a)  or  different  types  of 
species  referred  in  points  (a),  (b)  and  (c)  reared  on  the  same  installation,  the 
threshold  shall  be  calculated  on  the  basis  of  equivalent  nitrogen  excretion  factors 
compared to the thresholds set above.  

(cid:208) 96/61/EC (adapted) 

6.7 

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

6.8 

Installations  for  the  Pproduction  of  carbon  (hard-burnt  coal)  or  electrographite  by 
means of incineration or graphitization. 

(cid:216) new 

6.9 

6.10 

Preservation of wood and wood products with a production capacity exceeding 75 m3 
per day. 

Off-site  treatment  of  waste  water  not covered  by  Council  Directive  91/271/EEC  of 
21  May  1991  concerning  urban  waste-water  treatment57  and  discharged  by  an 
installation covered by Chapter I. 

57 

OJ L 135, 30.5.1991, p. 40. 

EN 

108 

   EN 

 
 
 
 
 
 
 
 
                                                 
(cid:208) 96/61/EC (adapted) 

ANNEX II 

LIST OF THE DIRECTIVES REFERRED TO IN ARTICLES 18 (2) AND 20 

1.  Directive  87/217/EEC  on  the  prevention  and  reduction  of  environmental  pollution  by 
asbestos 

2. Directive 82/176/EEC on limit values and quality objectives for mercury discharges by the 
chlor-alkali electrolysis industry 

3. Directive 83/513/EEC on limit values and quality objectives for cadmium discharges 

4.  Directive  84/156/EEC  on  limit  values  and  quality  objectives  for  mercury  discharges  by 
sectors other than the chlor-alkali electrolysis industry 

5.  Directive  84/491/EEC  on  limit  values  and  quality  objectives  for  discharges  of 
hexachlorocyclohexane 

6.  Directive  86/280/EEC  on  limit  values  and  quality  objectives  for  discharges  of  certain 
dangerous substances included in List 1 of the Annex to Directive 76/464/EEC, subsequently 
amended  by  Directives  88/347/EEC  and  90/415/EEC  amending  Annex  II  to  Directive 
86/280/EEC 

7.  Directive  89/369/EEC  on  the  prevention  of  air  pollution  from  new  municipal  waste-
incineration plants 

8.  Directive  89/429/EEC  on  the  reduction  of  air  pollution  from  existing  municipal  waste-
incineration plants 

9. Directive 94/67/EC on the incineration of hazardous waste 

10.  Directive  92/112/EEC  on  procedures  for  harmonizing  the  programmes  for  the  reduction 
and eventual elimination of pollution caused by waste from the titanium oxide industry 

11. Directive 88/609/EEC on the limitation of emissions of certain pollutants into the air from 
large combustion plants, as last amended by Directive 94/66/EC 

12.  Directive  76/464/EEC  on  pollution  caused  by  certain  dangerous  substances  discharged 
into the aquatic environment of the Community 

13. Directive 75/442/EEC on waste, as amended by Directive 91/156/EEC 

14. Directive 75/439/EEC on the disposal of waste oils 

15. Directive 91/689/EEC on hazardous waste 

EN 

109 

   EN 

 
 
(cid:208) 96/61/EC (adapted) 
(cid:214) new 

ANNEX IIIII 

Indicative list of the main polluting substances to be taken into account if they are 
relevant for fixing emission limit values ⌦ List of polluting substances ⌫  

AIR 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

9. 

10. 

11. 

12. 

Sulphur dioxide and other sulphur compounds 

Oxides of nitrogen and other nitrogen compounds 

Carbon monoxide 

Volatile organic compounds 

Metals and their compounds 

Dust (cid:214) including fine particulate matter  

Asbestos (suspended particulates, fibres) 

Chlorine and its compounds 

Fluorine and its compounds 

Arsenic and its compounds 

Cyanides 

Substances  and  preparations  which  have  been  proved  to  possess  carcinogenic  or 
mutagenic properties or properties which may affect reproduction via the air 

13. 

Polychlorinated dibenzodioxins and polychlorinated dibenzofurans 

WATER 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

9. 

10. 

11. 

Organohalogen compounds and substances which may form such compounds in the 
aquatic environment 

Organophosphorus compounds 

Organotin compounds 

Substances  and  preparations  which  have  been  proved  to  possess  carcinogenic  or 
mutagenic  properties  or  properties  which  may  affect  reproduction  in  or  via  the 
aquatic environment 

Persistent hydrocarbons and persistent and bioaccumulable organic toxic substances 

Cyanides 

Metals and their compounds 

Arsenic and its compounds 

Biocides and plant health products 

Materials in suspension 

Substances which contribute to eutrophication (in particular, nitrates and phosphates) 

EN 

110 

   EN 

 
 
12. 

Substances which have an unfavourable influence on the oxygen balance (and can be 
measured using parameters such as BOD, COD, etc.). 

13. 

Substances  listed  in  Annex  X  of  Directive  2000/60/EC of  the  European  Parliament 
and  of  the  Council  of  23  October  2000  establishing  a  framework  for  Community 
action in the field of water policy58.  

(cid:216) new 

58 

OJ L 327, 22.12.2000, p. 1. 

EN 

111 

   EN 

 
 
                                                 
(cid:208) 96/61/EC (adapted) 

ANNEX IIIIV 

⌦ Criteria for determining best available techniques ⌫ 

Considerations to be taken into account generally or in specific cases when determining best 
available techniques, as defined in Article 2(12), bearing in mind the likely costs and benefits 
of a measure and the principles of precaution and prevention: 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

9. 

10. 

11. 

12. 

the use of low-waste technology; 

the use of less hazardous substances; 

the  furthering  of  recovery  and  recycling  of  substances  generated  and  used  in  the 
process and of waste, where appropriate; 

comparable processes, facilities or methods of operation which have been tried with 
success on an industrial scale; 

technological advances and changes in scientific knowledge and understanding; 

the nature, effects and volume of the emissions concerned; 

the commissioning dates for new or existing installations; 

the length of time needed to introduce the best available technique; 

the  consumption  and  nature  of  raw  materials  (including  water)  used  in  the  process 
and energy efficiency; 

the need to prevent or reduce to a minimum the overall impact of the emissions on 
the environment and the risks to it; 

the need to prevent accidents and to minimize the consequences for the environment; 

the  information  published  by  the  Commission  pursuant  to  Article  16(2)  or  by 
international organizations. 

EN 

112 

   EN 

 
 
(cid:208) 2003/35/EC 

ANNEX IVV 

Public participation in decision-making 

1. 

The public shall be informed (by public notices or other appropriate means such as 
electronic media where available) of the following matters early in the procedure for 
the taking of a decision or, at the latest, as soon as the information can reasonably be 
provided: 

(a) 

the  application  for  a  permit  or,  as  the  case  may  be,  the  proposal  for  the 
updating  of  a  permit  or  of  permit  conditions  in  accordance  with  Article 
22 15(1), including the description of the elements listed in Article 13(1) 6(1) 

(cid:216) new 

(b) 

the  development  of  new  or  updated  general  binding  rules  in  accordance  with 
Article  18,  including  the  proposed  requirements  of  the  rules  and  a  non-
technical summary of the legal and administrative framework within which the 
rules will be applied; 

(cid:208) 2003/35/EC (adapted) 

(bc)  where  applicable,  the  fact  that  a  decision  is  subject  to  a  national  or 
transboundary  environmental  impact  assessment  or  to  consultations  between 
Member States in accordance with Article 28 17 ; 

(cd)  details  of  the  competent  authority  responsible  for  taking  the  decision,  those 
from which relevant information can be obtained, those to which comments or 
questions  can  be  submitted,  and  details  of  the  time  schedule  for  transmitting 
comments or questions; 

(de)  the nature of possible decisions or, where there is one, the draft decision; 

(ef)  where applicable, the details relating to a proposal for the updating of a permit 

or of permit conditions; 

(fg)  an indication of  the times  and  places  where,  or  means  by  which,  the  relevant 

information will be made available; 

(gh)  details  of  the  arrangements  for  public  participation  and  consultation  made 

pursuant to point 5. 

2. 

Member  States  shall  ensure  that,  within  appropriate  time-frames,  the  following  is 
made available to the public concerned: 

(a) 

(b) 

in accordance with national legislation,  the main reports  and  advice  issued to 
the  competent  authority  or  authorities  at  the  time  when  the  public  concerned 
were informed in accordance with point 1; 

in  accordance  with  the  provisions  of  Directive  2003/4/EC  of  the  European 
Parliament  and  of  the  Council  of  28  January  2003  on  public  access  to 
environmental  information,  information  other  than  that  referred  to  in  point  1 
which is relevant for the decision in accordance with Article 68 and which only 

EN 

113 

   EN 

 
 
 
 
3. 

4. 

5. 

becomes  available  after  the  time  the  public  concerned  was  informed  in 
accordance with point 1. 

The  public  concerned  shall  be  entitled  to  express  comments  and  opinions  to  the 
competent authority before a decision is taken. 

The results of the consultations held pursuant to this Annex must be taken into due 
account in the taking of a decision. 

The  detailed  arrangements  for  informing  the  public  (for  example  by  bill  posting 
within a certain radius or publication in local newspapers) and consulting the public 
concerned (for example by written submissions or by way of a public inquiry) shall 
be  determined  by  the  Member  States.  Reasonable  time-frames  for  the  different 
phases  shall  be  provided,  allowing  sufficient  time  for  informing  the  public  and  for 
the  public  concerned  to  prepare  and  participate  effectively  in  environmental 
decision-making subject to the provisions of this Annex. 

EN 

114 

   EN 

 
(cid:208) 2001/80/EC (adapted) 
(cid:206)1 2006/105/EC Art. 1 and Annex .B(2) 
(cid:206)2 Art. 20 and Annex II, p. 703 
(cid:206)3 Art. 20 and Annex II, p. 703 and Art. 20 and Annex II, p. 704 

ANNEX V I 

⌦ Technical provisions relating to combustion plants ⌫ 

Part 1 
CEILINGS AND REDUCTION TARGETS FOR EMISSIONS OF SO2 FROM EXISTING PLANTS5960 

0 

1 

2 

3 

4 

5 

6 

7 

8 

9 

SO2 
emissions 
by large 
combusti
on plants 
1980 

ktonnes 

Emission ceiling 

(ktonnes/year) 

% reduction over 1980 
emissions 

% reduction over adjusted 
1980 emissions 

Phase 1 

Phase 2 

Phase 3  Phase 1 Phase 2 Phase 3 Phase 1

Phase 2  Phase 3

1993 

1998 

2003 

1993 

1998 

2003 

1993 

1998 

2003 

530 

318 

212 

159 

-40 

-60 

-70 

-40 

-60 

-70 

Mem
ber 
State 

Belgi
um 

(cid:206)1 B (cid:206)1 1734  (cid:206)1 141 (cid:206)1 130 (cid:206)1 119 (cid:206)1 - (cid:206)1 - (cid:206)1 - (cid:206)1 - (cid:206)1 -

(cid:206)1 -

59 
60 

EN 

Additional emissions may arise from capacity authorised on or after 1 July 1987. 
Emissions coming from combustion plants authorised before 1 July 1987 but not yet in operation before that date and which have not been taken into account in establishing 
the emission ceilings fixed by this Annex shall either comply with the requirements established by this Directive for new plants or be accounted for in the overall emissions 
from existing plants that must not exceed the ceilings fixed in this Annex. 

115 

EN 

 
  
 
                                                 
 

0  

0  

0  

19  

25  

31  

19  

25  

31  

(cid:206)2 1408 
 

(cid:206)2 919 
 

(cid:206)2 303 
 

(cid:206)2 155 
 

(cid:206)2 -
35  

(cid:206)2 -
79  

(cid:206)2 -
89  

(cid:206)2 -
35  

(cid:206)2 -
79  

(cid:206)2 -
89  

323 

213 

141 

106 

-34 

-56 

-67 

-40 

-60 

-70 

2225 

1335 

890 

668 

-40 

-60 

-70 

-40 

-60 

-70 

(cid:206)2 240 
 

(cid:206)2 123 
 

(cid:206)2 91 
 

(cid:206)2 76 
 

(cid:206)2 -
49  

(cid:206)2 -
62  

(cid:206)2 -
68  

(cid:206)2 -
49  

(cid:206)2 -
62  

(cid:206)2 -
68  

303 

320 

320 

320 

+6 

+6 

+6 

-45 

-45 

-45 

ulgari
a  

(cid:206)2 C
zech 
Repu
blic 
 

Denm
ark 

Germ
any 

(cid:206)2 E
stonia
  

Greec
e 

Spain  2290 

2290 

1730 

1440 

0 

1910 

1146 

764 

573 

-40 

-24 

-60 

-37 

-70 

-21 

-40 

-40 

-60 

-50 

-70 

99 

124 

124 

124 

+25 

+25 

+25 

-29 

-29 

-29 

Franc
e 

Irelan
d 

Italy 

2450 

1800 

1500 

900 

-27 

-39 

-63 

-40 

-50 

-70 

EN 

116 

EN 

 
  
(cid:206)3 17   (cid:206)3 29 

 

(cid:206)3 32 
 

(cid:206)3 34 
 

(cid:206)3 +7
1  

(cid:206)3 +8
8  

(cid:206)3 +1
00  

(cid:206)3 +7
1  

(cid:206)3 +88 
 

(cid:206)3 +1
00  

(cid:206)3 60   (cid:206)3 40 

 

(cid:206)3 30 
 

(cid:206)3 25 
 

(cid:206)3 -
30  

(cid:206)3 -
50  

(cid:206)3 -
60  

(cid:206)3 -
30  

(cid:206)3 -
50  

(cid:206)3 -
60  

(cid:206)3 163 
 

(cid:206)3 52 
 

(cid:206)3 64 
 

(cid:206)3 75 
 

(cid:206)3 -
68  

(cid:206)3 -
61  

(cid:206)3 -
54  

(cid:206)3 -
68  

(cid:206)3 -
61  

(cid:206)3 -
54  

3 

1,8 

1,5 

1,5 

-40 

-50 

-60 

-40 

-50 

-50 

(cid:206)3 720 
 

(cid:206)3 429 
 

(cid:206)3 448 
 

(cid:206)3 360 
 

(cid:206)3 -
40  

(cid:206)3 -
38  

(cid:206)3 -
50  

(cid:206)3 -
40  

(cid:206)3 -
38  

(cid:206)3 -
50  

(cid:206)3 12   (cid:206)3 13 

 

(cid:206)3 17 
 

(cid:206)3 14 
 

(cid:206)3 +1
4  

(cid:206)3 +5
1  

(cid:206)3 +1
7  

(cid:206)3 +1
4  

(cid:206)3 +51 
 

(cid:206)3 +1
7  

299 

180 

120 

90 

-40 

-60 

-70 

-40 

-60 

-70 

115 

232 

270 

206 

+102 

+135 

+79 

-25 

-13 

-34 

(cid:206)3 C
yprus 
 

(cid:206)3 L
atvia 
 

(cid:206)3 Li
thuani
a  

Luxe
mbou
rg 

(cid:206)3 H
ungar
y  

(cid:206)3 M
alta 
 

Nethe
rlands 

Portu
gal 

(cid:206)3 P
oland 

(cid:206)3 2087 
 

(cid:206)3 145
4  

(cid:206)3 117
6  

(cid:206)3 111
0  

(cid:206)3 -
30  

(cid:206)3 -
44  

(cid:206)3 -
47  

(cid:206)3 -
30  

(cid:206)3 -
44  

(cid:206)3 -
47  

EN 

117 

EN 

 
  
 

(cid:206)1 R
omani
a  

(cid:206)3 Sl
oveni
a  

(cid:206)3 Sl
ovaki
a  

Unite
d 
Kingd
om 

Austri
a 

Finla
nd 

Swed
en 

(cid:206)1 561 
 

(cid:206)1 692 
 

(cid:206)1 503 
 

(cid:206)1 518 
 

(cid:206)1 23 
 

(cid:206)1 -
10  

(cid:206)1 -
8  

(cid:206)1 23 
 

(cid:206)1 -
10  

(cid:206)1 -
8  

(cid:206)3 125 
 

(cid:206)3 122 
 

(cid:206)3 98 
 

(cid:206)3 49 
 

(cid:206)3 -
2  

(cid:206)3 -
22  

(cid:206)3 -
61  

(cid:206)3 -
2  

(cid:206)3 -
22  

(cid:206)3 -
61  

(cid:206)3 450 
 

(cid:206)3 177 
 

(cid:206)3 124 
 

(cid:206)3 86 
 

(cid:206)3 -
60  

(cid:206)3 -
72  

(cid:206)3 -
81  

(cid:206)3 -
60  

(cid:206)3 -
72  

(cid:206)3 -
81  

3883 

3106 

2330 

1553 

-20 

-40 

-60 

-20 

-40 

-60 

90 

54 

36 

171 

102 

68 

112 

67 

45 

27 

51 

34 

-40 

-60 

-70 

-40 

-60 

-70 

-40 

-60 

-70 

-40 

-60 

-70 

-40 

-60 

-70 

-40 

-60 

-70 

EN 

118 

EN 

 
  
 
ANNEX II 
CEILINGS AND REDUCTION TARGETS FOR EMISSIONS OF NOX FROM EXISTING PLANTS6162 

Member 
State 

0 

1 

2 

3 

4 

5 

6 

NOx emissions 
(as NO2) by large 
combustion 
plants 1980 

ktonnes 

NOx emission ceilings 

(ktonnes/year) 

% reduction over 1980 
emissions 

% reduction over adjusted 
1980 emissions 

Phase 1 

Phase 2 

Phase 1 

Phase 2 

Phase 1 

Phase 2 

199363 

1998 

199364 

1998 

199365 

1998 

Belgium 

110 

88 

66 

-20 

-40 

-20 

-40 

(cid:206)1 Bulga
ria  

(cid:206)3 Czec
h 
Republic 

(cid:206)1 155  

(cid:206)1 125   (cid:206)1 95  

(cid:206)1 -
19  

(cid:206)1 -39   (cid:206)1 -19   (cid:206)1 -39  

(cid:206)3 403  

(cid:206)3 228   (cid:206)3 113   (cid:206)3 -

(cid:206)3 -72   (cid:206)3 -43   (cid:206)3 -72  

43  

61 
62 

63 

64 

65 

Additional emissions may arise from capacity authorised on or after 1 July 1987. 
Emissions coming from combustion plants authorised before 1 July 1987 but not yet in operation before that date and which have not been taken into account in establishing 
the emission ceilings fixed by this Annex shall either comply with the requirements established by this Directive for new plants or be accounted for in the overall emissions 
from existing plants that must not exceed the ceilings fixed in this Annex. 
Member States may for technical reasons delay for up to two years the phase 1 date for reduction in NOx emissions by notifying the Commission within one month of the 
notification of this Directive. 
Member States may for technical reasons delay for up to two years the phase 1 date for reduction in NOx emissions by notifying the Commission within one month of the 
notification of this Directive. 
Member States may for technical reasons delay for up to two years the phase 1 date for reduction in NOx emissions by notifying the Commission within one month of the 
notification of this Directive. 

EN 

119 

EN 

 
  
                                                 
 

Denmark  124 

Germany  870 

121 

696 

81 

522 

(cid:206)3 Eston
ia  

(cid:206)3 20  

(cid:206)3 10  

(cid:206)3 12  

Greece 

36 

Spain 

366 

France 

400 

Ireland 

28 

Italy 

580 

70 

368 

320 

50 

570 

70 

277 

240 

50 

428 

(cid:206)3 3  

(cid:206)3 5  

(cid:206)3 6  

-3 

-20 

(cid:206)3 -
52  

+94 

+1 

-20 

+79 

-2 

(cid:206)3 +67 
 

-35 

-40 

-10 

-20 

-40 

-40 

(cid:206)3 -40   (cid:206)3 -52   (cid:206)3 -40  

+94 

-24 

-40 

+79 

-26 

0 

-20 

-20 

0 

-20 

0 

-40 

-40 

0 

-40 

(cid:206)3 +100   (cid:206)3 +67   (cid:206)3 +100  

(cid:206)3 10  

(cid:206)3 10  

(cid:206)3 9  

(cid:206)3 -4   (cid:206)3 -10   (cid:206)3 -4  

(cid:206)3 -10  

(cid:206)3 21  

(cid:206)3 8  

(cid:206)3 11  

(cid:206)3 -
62  

(cid:206)3 -48   (cid:206)3 -62   (cid:206)3 -48  

(cid:206)3 Cypr
us  

(cid:206)3 Latvi
a  

(cid:206)3 Lithu
ania  

Luxembo
urg 

3 

2,4 

1,8 

-20 

-40 

-20 

-40 

(cid:206)3 Hung
ary  

(cid:206)3 68  

(cid:206)3 33  

(cid:206)3 34  

(cid:206)3 -
51  

(cid:206)3 -49   (cid:206)3 -51   (cid:206)3 -49  

EN 

120 

EN 

 
  
(cid:206)3 Malta
  

(cid:206)3 1,7  

(cid:206)3 7  

(cid:206)3 2,5   (cid:206)3 +299 

(cid:206)3 +51   (cid:206)3 +299   (cid:206)3 +51  

Netherlan
ds 

122 

Portugal 

23 

98 

59 

73 

64 

 

-20 

-40 

+157 

+178 

-20 

-8 

-40 

0 

(cid:206)3 Polan
d  

(cid:206)1 Roma
nia  

(cid:206)3 Slove
nia  

(cid:206)3 Slova
kia  

(cid:206)3 698  

(cid:206)3 426   (cid:206)3 310   (cid:206)3 -

(cid:206)3 -56   (cid:206)3 -39   (cid:206)3 -56  

39  

(cid:206)1 135  

(cid:206)1 135   (cid:206)1 77  

(cid:206)1 -1   (cid:206)1 -43   (cid:206)1 -1  

(cid:206)1 -43  

(cid:206)3 17  

(cid:206)3 15  

(cid:206)3 16  

(cid:206)3 141  

(cid:206)3 85  

(cid:206)3 46  

(cid:206)3 -
12  

(cid:206)3 -
40  

(cid:206)3 -6  

(cid:206)3 -12   (cid:206)3 -6  

(cid:206)3 -67   (cid:206)3 -40   (cid:206)3 -67  

United 
Kingdom 

1016 

Austria 

Finland 

Sweden 

19 

81 

31 

864 

711 

-15 

-30 

15 

65 

25 

11 

48 

19 

-20 

-20 

-20 

-40 

-40 

-40 

-15 

-20 

-20 

-20 

-30 

-40 

-40 

-40 

EN 

121 

EN 

 
  
 
Emission limit values ⌦ for combustion plants referred to in Article 33(2) ⌫ FOR SO2 

ANNEX III 

SOLID FUEL 
A. SO2 emission limit values expressed in mg/Nm3 (O2 content 6 %) to be applied by new and 
existing plants pursuant to Article 4(1) and 4(3) respectively: 

⌦ 1. All emission limit values shall be calculated at a temperature of 273,15 K, a pressure 
of 101,3  kPa  and after  correction  for  the  water  vapour  content  of  the  waste  gases  and  at  a 
standardized O2 content of 6% for solid fuels, 3% for boilers using liquid and gaseous fuels 
and 15% for gas turbines and gas engines ⌫. 

(cid:208) 2001/80/EC Art. 2 (adapted) 

(cid:208) 2001/80/EC (adapted) 

Graph deleted – substantial deletion 

NB. 

Where the emission limit values above cannot be met due to the characteristics of the 
fuel, a rate of desulphurisation of at least 60 % shall be achieved in the case of plants 
with a rated thermal input of less than or equal to 100 MWth, 75 % for plants greater 
than 100 MWth and less than or equal to 300 MWth and 90 % for plants greater than 
300  MWth.  For  plants  greater  than  500  MWth,  a  desulphurisation  rate  of  at  least 
94 %  shall  apply  or  of  at  least  92 %  where  a  contract  for  the  fitting  of  flue  gas 

EN 

122 

   EN 

 
 
 
 
 
 
desulphurisation or lime injection equipment has been entered into, and work on its 
installation has commenced, before 1 January 2001. 

B.  SO2  emission  limit  values  expressed  in  mg/Nm3  (O2  content  6 %)  to  be  applied  by  new 
plants pursuant to Article 4(2) with the exception of gas turbines. 

Type of fuel 

50 to 100 MWth  100 to 300 MWth 

> 300 MWth 

Biomass 

200 

General case 

850 

200 

20066 

200 

200 

NB. 

Where the emission limit values above cannot be met due to the characteristics of the 
fuel, installations shall achieve 300 mg/Nm3 SO2, or a rate of desulphurisation of at 
least 92 % shall be achieved in the case of plants with a rated thermal input of less 
than  or  equal  to  300  MWth  and  in  the  case  of  plants  with  a  rated  thermal  input 
greater  than  300  MWth  a  rate  of  desulphurisation  of  at  least  95 %  together  with  a 
maximum permissible emission limit value of 400 mg/Nm3 shall apply. 

66 

Except in the case of the ‘Outermost Regions’ where 850 to 200 mg/Nm3 (linear decrease) shall apply. 

EN 

123 

   EN 

 
 
                                                 
ANNEX IV 

EMISSION LIMIT VALUES FOR SO2 

LIQUID FUELS 
A. SO2 emission limit values expressed in mg/Nm3 (O2 content 3 %) to be applied by new and 
existing plants pursuant to Article 4(1) and 4(3), respectively: 

Graph deleted – substantial deletion 

B.  SO2  emission  limit  values  expressed  in  mg/Nm3  (O2  content  3 %)  to  be  applied  by  new 
plants pursuant to Article 4(2) with the exception of gas turbines 

50 to 100 MWth 

100 to 300 MWth 

> 300 MWth 

850 

400 to 200 
(linear decrease)67 

200 

In the case of two installations with a rated thermal input of 250 MWth on Crete and Rhodos 
to  be  licensed  before  31  December  2007  the  emission  limit  value  of  1700  mg/Nm3  shall 
apply. 

67 

Except in the case of the ‘Outermost Regions’ where 850 to 200 mg/Nm3 (linear decrease) shall apply. 

EN 

124 

   EN 

 
 
 
                                                 
In case of combined cycle gas turbines (CCGT) with supplementary firing, the standardized 
O2  content  may  be  defined  by  the  competent  authority,  taking  into  account  the  specific 
characteristics of the installation concerned. 

(cid:216) new 

(cid:208) 2001/80/EC (adapted) 
(cid:214) new 

⌦ 2. Emission limit values (mg/Nm3) for SO2 for boilers using solid or liquid fuels ⌫ 

Rated thermal 
input (MWth) 
(cid:214) 50-100  
(cid:214) 100-300  
(cid:214) > 300  

Coal and lignite  Biomass 

Peat 

Liquid fuels 

(cid:214) 400  
(cid:214) 250  
(cid:214) 200  

200 
200 
200 

(cid:214) 300  
(cid:214) 300  
(cid:214) 200  

(cid:214) 350  
(cid:214) 250  
(cid:214) 200  

(cid:208) 2001/80/EC Art. 5 (adapted) 

By way of derogation from Annex III: 

(1)  ⌦ Combustion ⌫  plants  of  a  rated  thermal  input  equal  to  or  greater  than  400  MW, 
⌦ using solid fuels which were granted a permit before 27 November 2002, and ⌫ which 
do not operate  more than  the  following numbers of ⌦ 1500 ⌫ hours per year ⌦ as a ⌫ 
(rolling  average  over  a  period  of  five  years),  shall  be  subject  to  a ⌦ an  emission ⌫  limit 
value for SO2 emissions of 800 mg/Nm3. 

(cid:208) 2001/80/EC (adapted) 
(cid:214) new 

ANNEX V 

3. Emission limit values ⌦ (mg/Nm3) ⌫ for SO2 ⌦ for boilers using gaseous fuels⌫  
Gaseous fuels 
A. SO2 emission limit values expressed in mg/Nm3 (O2 content 3 %) to be applied by new and 
existing plants pursuant to Article 4(1) and 4(3), respectively: 

Type of fuel 

Gaseous fuels Inin general 

Liquefied gas 

Limit values 

(mg/Nm3) 

35 

5 

Low calorific gases from gasification of refinery residues, coke 
oven gas, blast-furnace gas 

800400 

(cid:214) Low calorific gases from blast furnace   

(cid:214) 200  

EN 

125 

   EN 

 
 
 
 
 
 
 
Gas from gasification of coal 

68 

B.  SO2  emission  limit  values  expressed  in  mg/Nm3  (O2  content  3 %)  to  be  applied  by  new 
plants pursuant to Article 4(2): 

Gaseous fuels in general 

Liquefied gas 

35 

5 

Low calorific gases from coke oven 

400 

Low caloric gases from blast furnace 

200 

(cid:216) new 

4. Emission limit values (mg/Nm3) for NOx for boilers using solid or liquid fuels 

Rated thermal input 
(MWth) 

Coal and lignite 

Biomass and 
peat 

Liquid fuels 

50-100 

300 

300 

450 

450 in case of pulverised 
lignite combustion 

100-300 

> 300 

200 

200 

250 

200 

200 

150 

(cid:208) 2001/80/EC Annex VI 
(adapted) 

(2) Until 31 December 2015 plants of a rated thermal input greater than 500 MW, which from 
2008 onwards do not operate more than 2000 hours a year (rolling average over a period of 
five years), shall: 

- in the case of plant licensed in accordance with Article 4(3)(a), be subject to a limit value for 
nitrogen oxide emissions (measured as NO2) of 600 mg/Nm3; 

- in the case of plant subject to a national plan under Article 4(6), have their contribution to 
the national plan assessed on the basis of a limit value of 600 mg/Nm3. 

From  1  January  2016  such  plants,  ⌦ Combustion  plants  using  solid  fuels  with  a  rated 
thermal input not exceeding 500 MW which were granted a permit before 27 November 2002 
and ⌫  which  do  not  operate  more  than  1500  hours ⌦ per ⌫  a  year  ( ⌦ as  a ⌫  rolling 
average over a period of five years), shall be subject to a ⌦ an emission ⌫ limit value for 
⌦ NOx ⌫ nitrogen oxide emissions (measured as NO2) of 450 mg/Nm3. 
⌦ Combustion plants using solid fuels with a rated thermal input of 500 MW or more, which 
were granted a permit before 1 July 1987 and which do not operate more than 1500 hours per 

68 

The  Council  will  fix  the  emission  limit  values  applicable  to  such  gas  at  a  later  stage  on  the  basis  of 
proposals from the Commission to be made in the light of further technical experience. 

EN 

126 

   EN 

 
 
 
                                                 
year  as  a  rolling  average  over  a  period  of  five  years,  shall  be  subject  to  an  emission limit 
value for NOx of 450 mg/Nm3. ⌫ 

(cid:208) 2001/80/EC (adapted) 
(cid:214) new 

ANNEX VI 
⌦ 5.  Emission  limit  values  (mg/Nm3)  for  NOx ⌫  (MEASURED  AS  NO2)  (cid:214)and  CO  for 
gas fired combustion plants 
A. NOx emission limit values expressed in mg/Nm3 (O2 content 6 % for solid fuels, 3 % for 
liquid and gaseous fuels) to be applied by new and existing plants pursuant to Article 4(1) and 
4(3), respectively: 

Type of fuel: 

Limit values69 
(mg/Nm3) 

Solid70,71: 

50 to 500 MWth: 

>500 MWth: 

From 1 January 2016 

50 to 500 MWth: 

>500 MWth: 

Liquid: 

50 to 500 MWth: 

>500 MWth: 

Gaseous: 

600 

500 

600 

200 

450 

400 

69 

70 

71 

Except in the case of the ‘Outermost Regions’ where the following values shall apply:Solid in general: 
650Solid with < 10 % vol comps: 1300Liquid: 450Gaseous: 350 
Until  31  December  2015  plants  of  a  rated  thermal  input  greater  than  500  MW,  which  from  2008 
onwards do not operate more than 2000 hours a year (rolling average over a period of five years), shall: 
- in the case of plant licensed in accordance with Article 4(3)(a), be subject to a limit value for nitrogen 
oxide emissions (measured as NO2) of 600 mg/Nm3; 
- In the case of plant subject to a national plan under Article 4(6), have their contribution to the national 
plan assessed on the basis of a limit value of 600 mg/Nm3. 
From 1 January 2016 such plants, which do not operate more than 1500 hours a year (rolling average 
over a period of five years), shall be subject to a limit value for nitrogen oxide emissions (measured as 
NO2) of 450 mg/Nm3. 
Until  1  January  2018  in  the  case  of  plants  that  in  the  12  month  period  ending  on  1  January  2001 
operated  on,  and  continue  to  operate  on,  solid  fuels  whose  volatile  content  is  less  than  10 %,  1200 
mg/Nm3 shall apply. 

EN 

127 

   EN 

 
 
 
 
 
 
                                                 
 
 
 
50 to 500 MWth: 

>500 MWth: 

300 

200 

B. NOx emission limit values expressed in mg/Nm3 to be applied by new plants pursuant to 
Article 4(2) with the exception of gas turbines 

Solid fuels (O2 content 6 %) 

Type of fuel 

50 to 100 MWth  100 to 300 MWth 

> 300 MWth 

Biomass 

400 

General case 

400 

300 

20072 

200 

200 

Liquid fuels (O2 content 3 %) 

50 to 100 MWth 

100 to 300 MWth 

> 300 MWth 

400 

20073 

200 

In the case of two installations with a rated thermal input of 250 MWth on Crete and Rhodos 
to be licensed before 31 December 2007 the emission limit value of 400 mg/Nm3 shall apply. 

Gaseous fuels (O2 content 3 %) 

50 to 300 MWth 

> 300 MWth 

Natural gas (note 1)  150 

Other gases 

200 

100 

200 

Gas Turbines 
NOx emission limit values expressed in mg/Nm3 (O2 content 15 %) to be applied by a single 
gas turbine unit pursuant to Article 4(2) (the limit values apply only above 70 % load): 

> 50 MWth 

(thermal input at ISO conditions) 

Natural gas (Note 1) 

50(Note 2) 

Liquid fuels (Note 3) 

120 

Gaseous fuels (other than natural gas)  120 

72 
73 

Except in the case of the ‘Outermost Regions’ where 300 mg/Nm3 shall apply. 
Except in the case of the ‘Outermost Regions’ where 300 mg/Nm3 shall apply. 

EN 

128 

   EN 

 
 
 
 
 
 
                                                 
(cid:214) Gas fired boilers  

(cid:214) Gas turbines (including CCGT), 
using natural gas(1) as fuel  

(cid:214) Gas turbines (including CCGT), 
using other than natural gas as 
fuel(4)  

(cid:214) NOx  

(cid:214) 100  

⌦ 50(2)(3) ⌫  

(cid:214) 90  

(cid:214) CO  

(cid:214) 100  

(cid:214) 100  

(cid:214) 100  

(cid:214) Gas engines  

(cid:214) 100  

(cid:214) 100  

Notes 1: 

(1) Natural gas is naturally occurring methane with not more than 20 % (by volume) of inerts 
and other constituents. 

Note 2: 
(2) 75 mg/Nm3 in the following cases, where the efficiency of the gas turbine is determined at 
ISO base load conditions: 

(i) 

gas  turbines,  used  in  combined  heat  and  power  systems  having  an  overall 
efficiency greater than 75 %; 

(ii)  gas  turbines  used  in  combined  cycle  plants  having  an  annual  average  overall 

electrical efficiency greater than 55 %; 

(iii)  gas turbines for mechanical drives. 

(3)  For  single  cycle  gas  turbines  not  falling  into  any  of  the  above  categories ⌦ mentioned 
under note (2) ⌫ , but having an efficiency greater than 35 % - determined at ISO base load 
conditions  -  the  emission  limit  value  ⌦ for  NOx ⌫  shall  be  50x*η/35  where  η  is  the  gas 
turbine efficiency ⌦ at ISO base load conditions ⌫ expressed as a percentage (and at ISO 
base load conditions). 

Note 3: 

(4)  ⌦ These ⌫  This  emission  limit  value  only  applies  ⌦ values  also  apply ⌫  to  gas 
turbines ⌦ using ⌫ firing light and middle distillates ⌦ as liquid fuels ⌫ . 

⌦ For gas turbines ⌫ (cid:214) (including CCGT)  , ⌦ the NOx and CO emission limit values 
set out in the table contained in this point apply only above 70 % load.⌫  

Gas turbines for emergency use that operate less than 500 hours per year are ⌦ not covered 
by ⌫  excluded  from  these  ⌦ emission ⌫  limit  values  ⌦ set  out  in  this  point ⌫  .  The 
operator of such plants ⌦ shall ⌫ is required to submit each year to the competent authority 
a record ⌦ the used operating ⌫ of such used time. 

6. Emission limit values (mg/Nm3) for dust for boilers using solid or liquid fuels 

(cid:216) new 

Rated thermal input (MWth) 

Coal and lignite 

Biomass and peat 

Liquid fuels 

EN 

129 

   EN 

 
 
 
 
50-100 

100-300 

> 300 

30 

25 

20 

30 

20 

20 

30 

25 

20 

(cid:208) 2001/80/EC (adapted) 

ANNEX VII 

EMISSION LIMIT VALUES FOR DUST 
A. Dust emission limit values expressed in mg/Nm3 (O2 content 6 % for solid fuels, 3 % for 
liquid and gaseous fuels) to be applied by new and existing plants pursuant to Article 4(1) and 
4(3), respectively: 

Emission limit values 
(mg/Nm3) 

Type of 
fuel 

Rated thermal 
input 

(MW) 

Solid 

≥ 500 

< 500 

Liquid75 

all plants 

5074 

100 

50 

Gaseous 

all plants 

5 as a rule 

10 for blast furnace gas 

50 for gases produced by the steel industry which can be 
used elsewhere 

B. Dust emission limit values expressed in mg/Nm3 to be applied by new plants, pursuant to 
Article 4(2) with the exception of gas turbines: 

Solid fuels (O2 content 6 %) 

50 to 100 MWth 

> 100 MWth 

50 

30 

74 

75 

A  limit  value of  100  mg/Nm3  may  be  applied  to plants  licensed pursuant  to  Article  4(3) with  a  rated 
thermal input greater than or equal to 500 MWth burning solid fuel with a heat content of less than 5800 
kJ/kg (net calorific value), a moisture content greater than 45 % by weight, a combined moisture and 
ash content greater than 60 % by weight and a calcium oxide content greater than 10 %. 
A limit value of 100 mg/Nm3 may be applied to plants with a rated thermal input of less than 500 MWth 
burning liquid fuel with an ash content of more than 0,06 %. 

EN 

130 

   EN 

 
 
 
 
                                                 
Liquid fuels (O2 content 3 %) 

50 to 100 MWth 

> 100 MWth 

50 

30 

In the case of two installations with a rated thermal input of 250 MWth on Crete and Rhodos 
to be licensed before 31 December 2007 the emission limit value of 50 mg/Nm3 shall apply. 
⌦ 7. Emission limit values (mg/Nm3) for dust for boilers using ⌫ gaseous fuels (O2 content 
3 %) 

As a rule ⌦ In general ⌫ 

For Bblast furnace gas 

For Ggases produced by the steel industry which can be used 
elsewhere 

5 

10 

30 

EN 

131 

   EN 

 
 
⌦ Emission limit values for combustion plants referred to in Article 33(3) ⌫ 

⌦ Part 2 ⌫ 

⌦ 1. All emission limit values shall be calculated at a temperature of 273,15 K, a pressure 
of 101,3  kPa  and after  correction  for  the  water  vapour  content  of  the  waste  gases  and  at  a 
standardized O2 content of 6% for solid fuels, 3% for boilers using liquid and gaseous fuels 
and 15% for gas turbines and gas engines ⌫. 

(cid:208) 2001/80/EC Art. 2 (adapted) 

In case of combined cycle gas turbines with supplementary firing, the standardized O2 content 
may be defined by the competent authority, taking into account the specific characteristics of 
the installation concerned.  

(cid:216) new 

(cid:208) 2001/80/EC Annex III&IV 
(adapted) 
(cid:214) new 

⌦ 2. Emission limit values (mg/Nm3) for SO2 for boilers using solid or liquid fuels ⌫ 

Rated thermal 
input (MWth) 

Coal and lignite 

Biomass 

Peat 

Liquid fuels 

(cid:214) 50-100  

(cid:214) 400 

(cid:214) 100-300  

(cid:214) 200  

200 

200 

(cid:214) 350  

(cid:214) 200  

(cid:214) 300  

(cid:214) 300 

250 in case of 
fluidized bed 
combustion  

(cid:214) > 300  

(cid:214) 150 

(cid:214) 150  

(cid:214) 150  

(cid:214) 150  

200 in case of circulating 
or pressurized fluidized 
bed combustion  

200 in case of 
fluidized bed 
combustion  

(cid:208) 2001/80/EC Annex V (adapted) 
⌦ 3.  Emission  limit  values  (mg/Nm3)  for  SO2  for  boilers  using  gaseous  fuels ⌫  B.  SO2 
emission  limit  values  expressed  in  mg/Nm3  (O2  content  3 %)  to  be  applied  by  new  plants 
pursuant to Article 4(2): 

Gaseous fuels ⌦ In general ⌫ 

Liquefied gas 

35 

5 

Low calorific gases from coke oven 

400 

EN 

132 

   EN 

 
 
 
 
 
Low calorific gases from blast 
furnace 

200 

(cid:208) 2001/80/EC Annex VI (B) 
(adapted) 
(cid:214) new 

(cid:214) 4. Emission limit values (mg/Nm3) for NOx for boilers using solid or liquid fuels  

(cid:214) Rated thermal input 
(MWth)  

(cid:214) Coal and lignite  

(cid:214) Biomass and 
peat  

(cid:214) Liquid 
fuels  

(cid:214) 50-100  

(cid:214) 300  

(cid:214) 250  

(cid:214) 300  

⌦ 400 in case of pulverised 
lignite combustion ⌫ 

(cid:214) 100-300  

(cid:214) > 300  

(cid:214) 200  

(cid:214) 150 

(cid:214) 200  

(cid:214) 150  

(cid:214) 150  

(cid:214) 100  

200 in case of pulverised lignite 
combustion  

(cid:214) 5. Emission limit values (mg/Nm3) for NOx and CO for gas fired combustion plants  

(cid:214) Gas fired boilers  

(cid:214) NOx  

(cid:214) 100  

(cid:214) Gas turbines (including CCGT)(1)  

(cid:214) 50(2)  

(cid:214) Gas engines  

(cid:214) 75  

(cid:214) CO  

(cid:214) 100  

(cid:214) 100  

(cid:214) 100  

(cid:208) 2001/80/EC Annex VI 
(adapted) 
(cid:214) new 

Notes 

⌦ (1)  For  gas  turbines  using  light  and  middle  distillates  as  liquid  fuels,  the  emission  limit 
values for NOx and for CO set out in this point also apply. ⌫ 

⌦ (2)  For  single  cycle  gas  turbines  having  an  efficiency  greater  than  35%  -  determined  at 
ISO base load conditions - the emission limit value for NOx shall be 50x*η/35 where η is the 
gas turbine efficiency at ISO base load conditions expressed as a percentage. ⌫ 

⌦ For gas turbines ⌫ (cid:214) (including CCGT) , ⌦ the NOx  and  CO  emission  limit  values 
set out in this point apply only above 70 % load. ⌫  

Gas turbines for emergency use that operate less than 500 hours per year are excluded from 
these ⌦ emission ⌫ limit values ⌦ set out in this point ⌫ . The operator  of such  plants 
⌦ shall ⌫ is required to submit each year to the competent authority a record ⌦ the used 
operating ⌫ of such used time. 

EN 

133 

   EN 

 
 
 
 
⌦ 6. Emission limit values (mg/Nm3) for dust for boilers using solid or liquid fuels ⌫ 

(cid:208) 2001/80/EC Annex VII 
(adapted) 

Rated thermal input (MWth) 

50- 300 

> 300 

(cid:216) new 

20 

10 

20 for biomass and peat 

(cid:208) 2001/80/EC Annex VII 
(adapted) 

⌦ 7. Emission limit values (mg/Nm3) for dust for boilers using gaseous fuels ⌫ 

As a rule ⌦In general ⌫ 

For Bblast furnace gas 

For Ggases produced by the steel industry which can be used elsewhere 

5 

10 

30 

EN 

134 

   EN 

 
 
 
 
 
(cid:208) 2001/80/EC (adapted) 

ANNEX VIII 

Part 3  

⌦ Emission monitoring ⌫ METHODS OF MEASUREMENT OF EMISSIONS 

A. PROCEDURES FOR MEASURING AND EVALUATING EMISSIONS FROM COMBUSTION PLANTS. 

1. Until 27 November 2004 

Concentrations of SO2, dust, NOx shall be measured continuously in  the case of new plants 
for which a licence is granted pursuant to Article 4(1) with a rated thermal input of more than 
300  MW.  However,  monitoring  of  SO2  and  dust  may  be  confined  to  discontinuous 
measurements  or  other  appropriate  determination  procedures 
in  cases  where  such 
measurements  or  procedures,  which  must  be  verified  and  approved  by  the  competent 
authorities, may be used to obtain concentration. 

In the case of new plants for which a licence is granted pursuant to Article 4(1) not covered 
by the first subparagraph, the competent authorities may require continuous measurements of 
those  three  pollutants  to  be  carried  out  where  considered  necessary.  Where  continuous 
measurements  are  not  required,  discontinuous  measurements  or  appropriate  determination 
procedures  as  approved  by  the  competent  authorities  shall  be  used  regularly  to  evaluate  the 
quantity of the above-mentioned substances present in the emissions. 

2. From 27 November 2002 and without prejudice to Article 18(2) 

1. Competent authorities shall require continuous measurements of ⌦ The ⌫ concentrations 
of  SO2,  NOx  and  dust  from ⌦ in ⌫  waste  gases  from  each  combustion  plant  with  a  rated 
thermal input of 100 MW or more ⌦ shall be measured continuously ⌫ . 

The concentration of CO in waste gases from combustion plants firing gaseous fuels with a 
rated thermal input of 100 MW or more shall be measured continuously.  

(cid:216) new 

(cid:208) 2001/80/EC (adapted) 
(cid:214) new 

2.  By  way  of  derogation  from  the  first  subparagraph,  ⌦ The  competent  authority ⌫ 
continuous  measurements  may  ⌦ decide not  to  require  the  continuous  measurements 
referred to in point 1⌫ not be required in the following cases: 

(a) 

(b) 

(c) 

for combustion plants with a life span of less than 10 000 operational hours; 

for  SO2  and  dust  from  natural  gas  burning  boilers  or  from  gas  turbines 
⌦ combustion plants ⌫ firing natural gas; 

for SO2 from gas turbines or boilers ⌦ combustion plants ⌫ firing oil with known 
sulphur  content  in  cases  where  there  is  no  ⌦ waste  gas ⌫  desulphurisation 
equipment; 

EN 

135 

   EN 

 
 
 
 
(d) 

for SO2 from biomass ⌦ combustion plants ⌫ firing ⌦ biomass ⌫ boilers if the 
operator can prove that the SO2 emissions can under no circumstances be higher than 
the prescribed emission limit values. 

3. Where continuous measurements are not required, discontinuous measurements (cid:214) of SO2, 
NOx, dust and, for gas fired plants, also for CO  shall be required at least every ⌦ once ⌫ 
per six months.  

4.  For  combustion  plants  firing  coal  or  lignite,  the  emissions  of  total  mercury  shall  be 
measured at least once per year. 

(cid:216) new 

(cid:208) 2001/80/EC (adapted) 
(cid:214) new 

5.  As  an  alternative  ⌦ to  the  measurements  of  SO2  and  NOx  referred  to  in  point  3 ⌫  , 
appropriate  determination ⌦ other ⌫procedures,  which  must  be  verified  and  approved  by 
the  competent  ⌦ authority ⌫  authorities,  may  be  used  to  evaluate ⌦ determine  ⌫  the 
quantity  of  the  ⌦ SO2  and  NOx ⌫  above  mentioned  pollutants  present  in  the  emissions. 
Such procedures shall use relevant CEN standards or, as soon as they are available. ifIf CEN 
standards  are  not  available,  ISO  standards,  national  or  international  standards  which  will 
ensure the provision of data of an equivalent scientific quality shall apply. 

3.  In  the  case  of  plants  which  must  comply  with  the  desulphurisation  rates  fixed  by  Article 
5(2) and and Annex III, the requirements concerning SO2 emission measurements established 
under paragraph 2 of this point shall apply. Moreover, the sulphur content of the fuel which is 
introduced into the combustion plant facilities must be regularly monitored. 

64.  The  competent  ⌦ authority ⌫  authorities  shall  be 
informed  of  substantial 
⌦ significant ⌫ changes in the type of fuel used or in the mode of operation of the plant. 
They ⌦ The competent authority ⌫ shall decide whether the monitoring requirements laid 
down in points 1 to 4 paragraph 2 are still adequate or require adaptation. 

75. The continuous measurements carried out in ⌦ accordance ⌫ compliance with point 1 
paragraph  2  shall  include  the ⌦ measurement ⌫  relevant  process  operation  parameters  of 
⌦the ⌫  oxygen  content,  temperature,  pressure  and  water  vapour  content ⌦ of  the  waste 
gases ⌫ . The continuous measurement of the water vapour content of the exhaust ⌦ waste 
⌫ gases shall not be necessary, provided that the sampled exhaust ⌦ waste ⌫ gas is dried 
before the emissions are analysed. 

8.  Representative  measurements,  i.e.  Ssampling  and  analysis,  of  relevant  pollutants 
⌦ polluting  substances ⌫  and  ⌦ measurements  of  ⌫  process  parameters  as  well  as 
⌦ the quality assurance of automated measuring systems and the ⌫ reference measurement 
methods  to  calibrate  ⌦ those ⌫  automated  measurement  systems  shall  be  carried  out  in 
accordance  with  CEN  standards  as  soon  as  they  are  available.  If  CEN  standards  are  not 
available, ISO standards, national or international standards which will ensure the provision 
of data of an equivalent scientific quality shall apply. 

Continuous ⌦ The automated ⌫ measuring systems shall be subject to control by means of 
parallel measurements with the reference methods at least every ⌦ once per ⌫ year. 

EN 

136 

   EN 

 
 
 
(cid:208) 2001/80/EC Art. 13 (adapted) 

Article 13 

Member  States  shall  take  appropriate  measures  to  ensure  that Thethe operator  ⌦ shall 
inform ⌫  informs  the  competent ⌦ authority ⌫  authorities  within  reasonable  time  limits 
about  the  results  of  the  continuous  measurements,  the  checking  of  the  ⌦ automated ⌫ 
measuring  ⌦ systems ⌫  equipment, 
individual  measurements  and  all  other 
measurements carried out in order to assess compliance with this Directive. 

the 

(cid:208) 2001/80/EC (adapted) 
(cid:214) new 

96. ⌦ At the emission limit value level, ⌫ the values of the 95 % confidence intervals of a 
single  measured  result  shall  not  exceed  the  following  percentages  of  the  emission  limit 
values: 

(cid:214) Carbon monoxide  

(cid:214) 10%  

Sulphur dioxide 

Nitrogen oxides 

Dust 

20% 

20% 

30% 

10.  The  validated  hourly  and  daily  average  values  shall  be  determined  from  the  measured 
valid  hourly  average  values  after  having  subtracted  the  value  of  the  confidence  interval 
specified in point 9 above. 

11. Any day in which more than three hourly average values are invalid due to malfunction or 
maintenance  of  the  continuous  ⌦ automated measuring  ⌫  measurement  system  shall  be 
invalidated. If more than ten days over a year are invalidated for such situations the competent 
authority shall require the operator to take adequate measures to improve the reliability of the 
continuous monitoring ⌦ automated measuring ⌫ system. 

B. DETERMINATION OF TOTAL ANNUAL EMISSIONS OF COMBUSTION PLANTS 

Until  and  including  2003  the  competent  authorities  shall  obtain  determination  of  the  total 
annual emissions of SO2 and NOx from new combustion plants. When continuous monitoring 
is  used,  the  operator  of  the  combustion  plant  shall  add  up  separately  for  each  pollutant  the 
mass of pollutant emitted each day, on the basis of the volumetric flow rates of waste gases. 
Where  continuous  monitoring  is  not  in  use,  estimates  of  the  total  annual  emissions  shall  be 
determined by the operator on the basis of paragraph A.1 to the satisfaction of the competent 
authorities. 

Member States shall communicate to the Commission the total annual SO2 and NOx emissions 
of new combustion plants at the  same  time  as  the  communication required under paragraph 
C.3 concerning the total annual emissions of existing plants. 

Member States shall establish, starting in 2004 and for each subsequent year, an inventory of 
SO2, NOx and dust emissions from all combustion plants with a rated thermal input of 50 MW 

EN 

137 

   EN 

 
 
 
or more. The competent authority shall obtain for each plant operated under the control of one 
operator at a given location the following data: 

the total annual emissions of SO2, NOx and dust (as total suspended particles). 

the  total  annual  amount  of  energy  input,  related  to  the  net  calorific  value,  broken 
down in terms of the five categories of fuel: biomass, other solid fuels, liquid 
fuels, natural gas, other gases. 

A summary of the results of this inventory that shows the emissions from refineries separately 
shall be communicated to the Commission every three years within twelve months from the 
end  of  the  three-year  period  considered  .  The  yearly  plant-by-plant  data  shall  be  made 
available  to  the  Commission  upon  request.  The  Commission  shall  make  available  to  the 
Member  States  a  summary  of  the  comparison  and  evaluation  of  the  national  inventories 
within twelve months of receipt of the national inventories. 

Commencing on 1 January 2008 Member States shall report annually to the Commission on 
those  existing  plants  declared  for  eligibility  under  Article  4(4)  along  with  the  record  of  the 
used and unused time allowed for the plants' remaining operational life. 

C.  DETERMINATION  OF  THE  TOTAL  ANNUAL  EMISSIONS  OF  EXISTING  PLANTS  UNTIL  AND 

INCLUDING 2003. 

1.  Member  States  shall  establish,  starting  in  1990  and  for  each  subsequent  year  until  and 
including 2003, a complete emission inventory for existing plants covering SO2 and NOx: 

on a plant by plant basis for plants above 300 MWth and for refineries; 

on an overall basis for other combustion plants to which this Directive applies. 

2. The methodology used for these inventories shall be consistent with that used to determine 
SO2 and NOx emissions from combustion plants in 1980. 

3. The results of this inventory shall be communicated to the Commission in a conveniently 
aggregated form within nine months from the end of the year considered. The methodology 
used  for  establishing  such  emission  inventories  and  the  detailed  base  information  shall  be 
made available to the Commission at its request. 

4. The Commission shall organise a systematic comparison of such national inventories and, 
if  appropriate,  shall  submit  proposals  to  the  Council  aiming  at  harmonising  emission 
inventory methodologies, for the needs of an effective implementation of this Directive. 

EN 

138 

   EN 

 
(cid:208) 2001/80/EC Art. 14 (adapted) 
(cid:206)1 Corrigendum, OJ L 319, 
23.11.2002, p. 30 
(cid:214) new 

⌦ Assessment of compliance with the emission limit values ⌫ 

Part 4 

Article 14 

1.  In  the  event  of  continuous  measurements,  the  emission  limit  values  set  out  in  part  A  of 
Annexes  III  to  VII  shall  be  regarded  as  having  been  complied  with  if  the  evaluation  of  the 
results indicates, for operating hours within a calendar year, that: 

(a) none of the calendar monthly mean values exceeds the emission limit values; and 

(b) in the case of: 

(i)  sulphur  dioxide  and  dust:  97 %  of  all  the  48  hourly  mean  values  do  not 
exceed 110 % of the emission limit values, 

(ii)  nitrogen  oxides:  95 %  of  all  the  48  hourly  mean  values  do  not  exceed 
110 % of the emission limit values. 

The  periods  referred  to  in  Article  7  as  well  as  start-up  and  shut-down  periods  shall  be 
disregarded. 

2.  In  cases  where  only  discontinuous  measurements  or  other  appropriate  procedures  are 
required, the emission limit values set out in Annexes III to VII shall be regarded as having 
been  complied  with  if  the  results  of  each  of  the  series  of  measurements  or  of  the  other 
procedures  defined  and  determined  according  to  the  rules  laid  down  by  the  competent 
authorities do not exceed the emission limit values. 

(cid:206)1 3.  In  the  cases  referred  to  in  Article  5(2),  the  rates   of  desulphurisation  shall  be 
regarded as having been complied with if the evaluation of measurements carried out pursuant 
to Annex VIII, point A.3, indicates that all of the calendar monthly mean values or all of the 
rolling monthly mean values achieve the required desulphurisation rates. 

The  periods  referred  to  in  Article  7  as  well  as  start-up  and  shut-down  periods  shall  be 
disregarded. 

4. For new plants for which the licence is granted pursuant to Article 4(2), the emission limit 
values shall be regarded, for operating hours within a calendar year, as complied with if: 

(a) no validated daily average value exceeds the relevant figures set out in part B of 
Annexes III to VII, and 

(b)  95 %  of  all  the  validated  hourly  average  values  over  the  year  do  not  exceed 
200 % of the relevant figures set out in part B of Annexes III to VII. 

The ‘validated average values’ are determined as set out in point A.6 of Annex VIII. 

The  periods  referred  to  in  Article  7  as  well  as  start  up  and  shut  down  periods  shall  be 
disregarded. 

EN 

139 

   EN 

 
 
 
 
 
 
 
 
1. In the case of continuous measurements, the emission limit values set out in Parts 1 and 2 
shall be regarded as having been complied with if the evaluation of the measurement results 
indicates, for operating hours within a calendar year, that all of the following conditions have 
been met : 

(cid:216) new 

(a) no validated monthly average value exceeds the relevant emission limit values set 
out in Parts 1 and 2; 

(b)  no  validated  daily  average  value  exceeds  110 %  of  the  relevant  emission  limit 
values set out in Parts 1 and 2; 

(c)  in cases of combustion plants composed only of boilers using coal with a rated 
thermal input below 50 MW, no validated daily average value exceeds 150 % of the 
relevant emission limit values set out in Parts 1 and 2, 

(d)  95 %  of  all  the  validated  hourly  average  values  over  the  year  do  not  exceed 
200 % of the relevant emission limit values set out in Parts 1 and 2. 

The validated average values are determined as set out in point 10 of Part 3. 

For the purpose of the calculation of the average emission values, the values measured during 
the periods referred to in Article 33(4) and (5) and Article 34 as well as during the start-up 
and shut-down periods shall be disregarded. 

2. Where continuous measurements are not required, the emission limit values set out in Parts 
1 and 2 shall be regarded as having been complied with if the results of each of the series of 
measurements or of the other procedures defined and determined according to the rules laid 
down by the competent authorities do not exceed the emission limit values. 

EN 

140 

   EN 

 
 
 
 
 
 
(cid:208) 2000/76/EC Art. 3 (adapted) 
(cid:206)1 Corrigendum, OJ L 145, 
31.5.2001, p. 52 

ANNEX VI 

⌦ Technical provisions relating to waste incineration plants and waste co-incineration 
plants ⌫ 

Part 1 

Definitions 

For the purpose of this ⌦ Annex the following definitions shall apply: ⌫ Directive:  

6. 

(a) 

(cid:206)1  

'«existing ⌦ waste ⌫ incineration ⌦ plant' ⌫ or co-incineration plant» means  
⌦ one of the following waste ⌫ an incineration or co-incineration plants: 

(ia)  which ⌦ was ⌫  is  in  operation  and  has ⌦ had ⌫  a  permit  in  accordance 
with  ⌦ applicable ⌫  existing  Community  legislation  before  28  December 
2002, or, 

(iib)  which ⌦ was ⌫  is  authorised  or  registered  for ⌦ waste ⌫  incineration  or 
co-incineration and ⌦ had ⌫ has a permit issued before 28 December 2002 
in accordance with ⌦ applicable ⌫ existing Community legislation, provided 
that  the  plant  ⌦ was ⌫  is  put  into  operation  not  later  than  28  December 
2003, or 

(iiic)  which,  in  the  view  of  the  competent  authority, ⌦ was ⌫ is  the  subject  of  a 
full  request  for  ⌦ authorisation ⌫  a  permit,  before  28  December  2002, 
provided  that  the  plant  ⌦ was ⌫  is  put  into  operation  not  later  than  28 
December 2004; 

(b) 

'new  waste  incineration  plant'  means  any  waste  incineration  plant  not  covered  by 
point (a). 

(cid:216) new 

EN 

141 

   EN 

 
 
 
(cid:208) 2000/76/EC (adapted) 

ANNEX I Part 2 

Equivalence factors for dibenzo-p-dioxins and dibenzofurans 

For  the  determination  of  the  total  concentration  (TE)  of  dioxins  and  furans,  the  mass 
concentrations  of  the  following  dibenzo-p-dioxins  and  dibenzofurans  shall  be  multiplied  by 
the following equivalence factors before summing: 

Toxic equivalence factor 

2,3,7,8 — Tetrachlorodibenzodioxin (TCDD) 

1,2,3,7,8 — Pentachlorodibenzodioxin (PeCDD) 

1,2,3,4,7,8 — Hexachlorodibenzodioxin (HxCDD) 

1,2,3,6,7,8 — Hexachlorodibenzodioxin (HxCDD) 

1,2,3,7,8,9 — Hexachlorodibenzodioxin (HxCDD) 

1,2,3,4,6,7,8 — Heptachlorodibenzodioxin (HpCDD) 

Octachlorodibenzodioxin (OCDD) 

2,3,7,8 — Tetrachlorodibenzofuran (TCDF) 

2,3,4,7,8 — Pentachlorodibenzofuran (PeCDF) 

1,2,3,7,8 — Pentachlorodibenzofuran (PeCDF) 

1,2,3,4,7,8 — Hexachlorodibenzofuran (HxCDF) 

1,2,3,6,7,8 — Hexachlorodibenzofuran (HxCDF) 

1,2,3,7,8,9 — Hexachlorodibenzofuran (HxCDF) 

2,3,4,6,7,8 — Hexachlorodibenzofuran (HxCDF) 

1,2,3,4,6,7,8 — Heptachlorodibenzofuran (HpCDF) 

1,2,3,4,7,8,9 — Heptachlorodibenzofuran (HpCDF) 

Octachlorodibenzofuran (OCDF) 

1

0,5

0,1

0,1

0,1

0,01

0,001

0,1

0,5

0,05

0,1

0,1

0,1

0,1

0,01

0,01

0,001

EN 

142 

   EN 

 
 
 
Part 3 ANNEX V 

⌦ Air emission limit values for waste incineration plants ⌫ 

(cid:208) 2000/76/EC Art. 11 (adapted) 

18. The results of the measurements made to verify compliance with the emission limit values 
shall be standardised at the following conditions and for oxygen according to the formula as 
referred to in Annex VI:⌦ All emission limit values shall be calculated at a ⌫ 

(a) tTemperature ⌦ of 273,15 K ⌫ 273 K, ⌦ a ⌫ pressure ⌦ of ⌫ 101,3  kPa ⌦ and 
after correcting for the water vapour content of the waste gases. ⌫ 11 % oxygen, dry gas, in 
exhaust gas of incineration plants;. 

(b)  Temperature  273  K,  pressure  101,3  kPa,  3  %  oxygen,  dry  gas,  in  exhaust  gas  of 
incineration of waste oil as defined in Directive 75/439/EEC; 

⌦  They  are  standardised  at  11  %  oxygen  in  waste  gas  except  in  case  of  incineration  of 
mineral waste oil as defined in Article 3(h) of Directive 20../../EC, when they are standardised 
at 3 % oxygen, and in the cases referred to in Point 2.7 of Part 5. ⌫ 

1.1(a) Daily average ⌦ emission limit ⌫ values ⌦ for the following polluting substances 
(mg/Nm³) ⌫  

(cid:208) 2000/76/EC (adapted) 

Total dust 

Gaseous and vaporous organic substances, expressed as total organic carbon 
⌦ (TOC) ⌫ 

Hydrogen chloride (HCl) 

Hydrogen fluoride (HF) 

Sulphur dioxide (SO2) 

Nitrogen monoxide (NO) and nitrogen dioxide (NO2), expressed as ⌦ NO2 ⌫ 
nitrogen dioxide for existing ⌦ waste ⌫ incineration plants with a nominal 
capacity exceeding 6 tonnes per hour or new ⌦ waste ⌫ incineration plants 

10 mg/m³ 

10 mg/m³ 

10 mg/m³ 

1 mg/m³ 

50 mg/m³ 

200 mg/m³
76 

Nitrogen monoxide (NO) and nitrogen dioxide (NO2), expressed as ⌦ NO2 ⌫ 
nitrogen dioxide for existing ⌦ waste ⌫ incineration plants with a nominal 
capacity of 6 tonnes per hour or less 

400 mg/m³
77 

76 

77 

Until  1  January  2007  and  without  prejudice  to  relevant  (Community)  legislation  the  emission  limit 
value for NOx does not apply to plants only incinerating hazardous waste. 
Until  1  January  2007  and  without  prejudice  to  relevant  (Community)  legislation  the  emission  limit 
value for NOx does not apply to plants only incinerating hazardous waste. 

EN 

143 

   EN 

 
 
 
 
                                                 
Exemptions for NOx may be authorised by the competent authority for existing incineration 
plants: 

– 

– 

– 

with a nominal capacity of 6 tonnes per hour, provided that the permit foresees the 
daily average values do not exceed 500 mg/m3 and this until 1 January 2008, 

with a nominal capacity of >6 tonnes per hour but equal or less than 16 tonnes per 
hour, provided the permit foresees the daily average values do not exceed 400 mg/m3 
and this until 1 January 2010, 

with a nominal capacity of >16 tonnes per hour but <25 tonnes per hour and which 
do not produce water discharges, provided that the permit foresees the daily average 
values do not exceed 400 mg/m3 and this until 1 January 2008. 

Until 1 January 2008, exemptions for dust may be authorised by the competent authority for 
existing incinerating plants, provided that the permit foresees the daily average values do not 
exceed 20 mg/m3. 

1.2(b)  Half-hourly  average  ⌦ emission  limit ⌫  values  ⌦ for  the  following  polluting 
substances (mg/Nm³) ⌫  

Total dust 

Gaseous and vaporous organic substances, expressed as total 
organic carbon ⌦ (TOC) ⌫ 

Hydrogen chloride (HCl) 

Hydrogen fluoride (HF) 

Sulphur dioxide (SO2) 

Nitrogen monoxide (NO) and nitrogen dioxide (NO2), 
expressed as ⌦ NO2 ⌫ nitrogen dioxide for existing 
⌦ waste ⌫ incineration plants with a nominal capacity 
exceeding 6 tonnes per hour or new ⌦ waste ⌫ incineration 
plants 

(100 %) A 

(97 %) B 

30 mg/m³ 

10 mg/m³ 

20 mg/m³ 

10 mg/m³ 

60 mg/m³ 

10 mg/m³ 

4 mg/m³ 

2 mg/m³ 

200 mg/m³ 

50 mg/m³ 

400 mg/m³78  200 mg/m³

79 

Until 1 January 2010, exemptions for NOx may be authorised by the competent authority for 
existing  incineration  plants  with  a  nominal  capacity  between  6  and  16  tonnes  per  hour, 
provided  the  half-hourly  average  value  does  not  exceed  600 mg/m3  for  column  A  or 
400 mg/m3 for column B. 

1.3(c)  All  Aaverage  ⌦ emission  limit ⌫  values  ⌦ (mg/Nm³)  for  the  following  heavy 
metals ⌫  over  the  sample  ⌦ a  sampling ⌫  period  of  a  minimum  of  30  minutes  and  a 
maximum of 8 hours 

78 

79 

Until 1 January 2007 and without prejudice to relevant Community legislation the emission limit value 
for NOx does not apply to plants only incinerating hazardous waste. 
Until 1 January 2007 and without prejudice to relevant Community legislation the emission limit value 
for NOx does not apply to plants only incinerating hazardous waste. 

EN 

144 

   EN 

 
 
                                                 
Cadmium and its compounds, expressed as cadmium 
(Cd) 

Total: 
0,05 mg/m³ 

total 
0,1 mg/m3 80 

Thallium and its compounds, expressed as thallium (Tl) 

Mercury and its compounds, expressed as mercury (Hg)  0,05 mg/m³ 

0,1 mg/m3 81 

Antimony and its compounds, expressed as antimony 
(Sb) 

Total: 0,5 mg/m³ 

total 1 mg/m3 82 

Arsenic and its compounds, expressed as arsenic (As) 

Lead and its compounds, expressed as lead (Pb) 

Chromium and its compounds, expressed as chromium 
(Cr) 

Cobalt and its compounds, expressed as cobalt (Co) 

Copper and its compounds, expressed as copper (Cu) 

Manganese and its compounds, expressed as manganese 
(Mn) 

Nickel and its compounds, expressed as nickel (Ni) 

Vanadium and its compounds, expressed as vanadium 
(V) 

These  average  values  cover  also  ⌦ the ⌫  gaseous  and  the  vapour  forms  of  the  relevant 
heavy metal emissions as well as their compounds. 

1.4(d) Average ⌦ emission limit ⌫ value ⌦ (ng/Nm³) for dioxins and furans ⌫ shall be 
measured over a ⌦ sampling ⌫ sample period of a minimum of 6 hours and a maximum of 
8  hours.  The  emission  limit  value  refers  to  the  total  concentration  of  dioxins  and  furans 
calculated using the concept of toxic equivalence in accordance with Part 2 Annex I. 

Dioxins and furans 

0,1 ng/m³ 

1.5(e) The following Eemission limit values ⌦ (mg/Nm³) for ⌫ of carbon monoxide (CO) 
concentrations  shall  not  be  exceeded  in  the  ⌦ waste ⌫  combustion  gases  (excluding  the 
start-up and shut-down phase): 

(a) 

50 milligrams/m3 of combustion gas determined as daily average value; 

80 

81 

82 

Until 1 January 2007 average values for existing plants for which the permit to operate has been granted 
before 31 December 1996, and which incinerate hazardous waste only. 
Until 1 January 2007 average values for existing plants for which the permit to operate has been granted 
before 31 December 1996, and which incinerate hazardous waste only. 
Until 1 January 2007 average values for existing plants for which the permit to operate has been granted 
before 31 December 1996, and which incinerate hazardous waste only. 

EN 

145 

   EN 

 
                                                 
(b) 

(c) 

100 mg/m3 of combustion gas of all measurements determined as half-hourly average 
values taken in any 24-hour period. 
150  milligrams/m3  of  combustion  gas  of  at  least  95 %  of  all  measurements 
determined  as  10-minute  average  values  or  100 mg/m3  of  combustion  gas  of  all 
measurements determined as half-hourly average values taken in any 24-hour period. 

⌦ The  competent  authority  may  authorise ⌫  eExemptions  ⌦ from  the  emission  limit 
values set out in this point ⌫ may be authorised by the competent authority for ⌦ waste ⌫ 
incineration  plants  using  fluidised  bed  technology,  provided  that  the  permit  ⌦ sets ⌫ 
foresees  an  emission  limit  value  for  carbon  monoxide  (CO)  of  not  more  than  100 mg/m3 
⌦ mg/Nm3 ⌫ as an hourly average value. 

(cid:208) 2000/76/EC Art. 13 (adapted) 

⌦ 2. Emission limit values applicable in the circumstances described in Articles 41 (5) and 
42. ⌫  

4.  The  total  dust  ⌦ concentration  in ⌫  content  of  the  emissions  into  the  air  of  an  ⌦ a 
waste ⌫ incineration plant shall under no circumstances exceed 150 mg/m3 ⌦ mg/Nm3 ⌫ 
expressed as a half-hourly average.; moreover Thethe air emission limit values for ⌦ TOC 
and ⌫ CO and TOC ⌦ set out in points 1.2 and 1.5(b) ⌫ shall not be exceeded. All other 
conditions referred to in Article 6 shall be complied with. 

(f)  3.  Member  States  may  lay  down  rules  governing  the  exemptions  provided  for  in  this 
Annex. 

(cid:208) 2000/76/EC (adapted) 
(cid:214) new 

EN 

146 

   EN 

 
 
 
ANNEX II Part 4 

Determination of air emission limit values for the co-incineration of waste 

1. The following formula (mixing rule) ⌦ shall ⌫ is to be applied whenever a specific total 
emission limit value «C» has not been set out in a table in this Part Annex. 

The  ⌦ emission ⌫  limit  value  for  each  relevant  pollutant  ⌦ polluting  substance ⌫  and 
⌦ CO ⌫  carbon  monoxide  in  the  ⌦ waste ⌫  exhaust  gas  resulting  from  the  co-
incineration of waste shall be calculated as follows: 

⌦ 

Vwaste 

: 

Cwaste 

Vproc 

: 

: 

Cproc 

: 

C 

: 

 ⌫ 

exhaust ⌦ waste ⌫ gas volume resulting from the incineration of waste 
only determined from the waste with the lowest calorific value specified in 
the permit and standardised at the conditions given by this Directive. 

If the resulting heat release from the incineration of hazardous waste amounts 
to less than 10 % of the total heat released in the plant, Vwaste must be 
calculated from a (notional) quantity of waste that, being incinerated, would 
equal 10 % heat release, the total heat release being fixed. 

emission limit values set for ⌦ waste ⌫ incineration plants ⌦ set out ⌫ 
in Part 3 Annex V for the relevant pollutants and carbon monoxide. 

exhaust ⌦ waste ⌫ gas volume resulting from the plant process including 
the combustion of the authorised fuels normally used in the plant (wastes 
excluded) determined on the basis of oxygen contents at which the emissions 
must be standardised as ⌦ set out ⌫ laid down in Community or national 
⌦ legislation ⌫ regulations. In the absence of ⌦ legislation ⌫ 
regulations for this kind of plant, the real oxygen content in the ⌦ waste ⌫ 
exhaust gas without being thinned by addition of air unnecessary for the 
process must be used. The standardisation at the other conditions is given in 
this Directive. 

emission limit values as ⌦ set out in ⌫ laid down in the tables of this 
⌦ Part ⌫ annex for certain industrial ⌦ activities ⌫ sectors or in case of 
the absence of such a table or such values, emission limit values of the 
relevant pollutants and carbon monoxide in the flue gas of plants which 
comply with the national laws, regulations and administrative provisions for 
such plants while burning the normally authorised fuels (wastes excluded). In 
the absence of these measures the emission limit values ⌦ set out ⌫ laid 
down in the permit are used. In the absence of such permit values the real 
mass concentrations are used. 

total emission limit values ⌦ at an ⌫ and oxygen content as ⌦ set out ⌫ 
laid down in the tables of this ⌦ Part ⌫ annex for certain industrial 
⌦ activities ⌫ sectors and certain ⌦ polluting substances ⌫ pollutants 
or, in case of the absence of such a table or such values, total emission limit 
values for CO and the relevant pollutants replacing the emission limit values 
as ⌦ set out ⌫ laid down in specific Annexes of this Directive. The total 

EN 

147 

   EN 

 
oxygen content to replace the oxygen content for the standardisation is 
calculated on the basis of the content above respecting the partial volumes. 

⌦ All emission limit values shall be calculated at a temperature of 273,15 K, 
a pressure of 101,3 kPa and after correcting for the water vapour content of 
the waste gases. ⌫ 

Member States may lay down rules governing the exemptions provided for in this Part Annex. 

2.II.1. Special provisions for cement kilns co-incinerating waste 

Daily average values (for continuous measurements) Sample periods and other measurement 
requirements as in Article 7. All values in mg/m3 (Dioxins and furans ng/m3). 

2.1 ⌦ The emission limit values set out in points 2.2 and 2.3 apply as daily average values 
for total dust, HCI, HF, NOx, SO2 and TOC (for continuous measurements), as average values 
over the sampling period of a minimum of 30 minutes and a maximum of 8 hours for heavy 
metals  and  as  average  values  over  the  sampling  period  of  a  minimum  of  6  hours  and  a 
maximum of 8 hours for dioxins and furans. ⌫ 

The  results  of  the  measurements  made  to  verify  compliance  with  the  emission  limit 
⌦ All ⌫ values ⌦ are ⌫ shall be  standardised at the  following conditions: Temperature 
273 K, pressure 101,3 kPa, 10 % oxygen, dry gas. 

Half-hourly  average  values  shall  only  be  needed  in  view  of  calculating  the  daily  average 
values. 
2.2II.1.1  C  -  total  emission  limit  values ⌦ (mg/Nm3 except  for  dioxins  and  furans)  for  the 
following polluting substances ⌫ 

Pollutant ⌦ Polluting substance ⌫ 

C 

Total dust 

HCl 

HF 

NOx for existing plants 

NOx for new plants 

Cd + Tl 

Hg 

Sb + As + Pb + Cr + Co + Cu + Mn + Ni + V 

Dioxins and furans ⌦ (ng/Nm³) ⌫ 

30 

10 

1 

800 

(cid:214) 500  83 

0,05 

0,05 

0,5 

0,1 

83 

For the implementation of the NOx emission limit values, cement kilns which are in operation and have 
a permit in accordance with existing Community legislation and which start co-incinerating waste after 
the date mentioned in Article 20(3) are not to be regarded as new plants. 

EN 

148 

   EN 

 
 
                                                 
Until 1 January 2008, exemptions for NOx may be authorised by the competent authorities for 
existing wet process cement kilns or cement kilns which burn less than three tonnes of waste 
per hour, provided that the permit foresees a total emission limit value for NOx of not more 
than 1200 mg/m3. 

Until 1 January 2008, exemptions for dust may be authorised by the competent authority for 
cement  kilns  which  burn  less  than  three  tonnes  of  waste  per  hour,  provided  that  the  permit 
foresees a total emission limit value of not more than 50 mg/m3. 

2.3II.1.2. C - total emission limit values ⌦ (mg/Nm³) ⌫ for SO2 and TOC 

Pollutant 

SO2 

TOC 

C 

50

10

Exemptions may be authorised by Thethe competent authority ⌦ may grant derogations for 
emission limit values set out in this point ⌫ in cases where TOC and SO2 do not result from 
the incineration of waste. 

II.1.3. Emission limit value for CO 

Emission limit values for CO can be set by the competent authority. 

3.II.2. Special provisions for combustion plants co-incinerating waste 

3.1II.2.1.  ⌦ Cproc  expressed  as ⌫  daily  average  values  ⌦ (mg/Nm³) ⌫  (cid:214) valid  until  31 
December 2015   

Without  prejudice  to  Directive  88/609/EEC  and  in  the  case  where,  for  large  combustion 
plants,  more  stringent  emission  limit  values  are  set  according  to  future  Community 
legislation, the latter shall replace, for the plants and pollutants concerned, the emission limit 
values as laid down in the following tables (Cproc). In that case, the following tables shall be 
adapted to these more stringent emission limit values in accordance with the procedure laid 
down  in  Article  17  without  delay.  ⌦ For  determining  the  rated  thermal  input  of  the 
combustion plants, the aggregation rules as defined in Article 32 shall apply. ⌫ 

Half-hourly  average  values  shall  only  be  needed  in  view  of  calculating  the  daily  average 
values. 

Cproc: 
Cproc for solid fuels ⌦ with the exception of biomass ⌫ expressed in mg/Nm3 (O2 content 
6 %): 

Pollutant 
⌦ Polluting 
substances 
⌫ 

< 50 
MWth 

50-100 MWth 

100 to 300 MWth 

> 300 MWth 

SO2 

- 

⌦ 850 ⌫ 

⌦ 200 ⌫ 

⌦ 200 ⌫ 

general case 

850 

850 to 200 

200 

(linear decrease from 
100 to 300 MWth) 

EN 

149 

   EN 

 
 
indigenous 
fuels 

or rate of 
desulphurisation 
≥90 % 

or rate of 
desulphurisation ≥92 % 

or rate of 
desulphurisation 
≥95 % 

NOx 

Dust 

- 

50 

400 

50 

⌦ 200 ⌫ 300 

30 

200 

30 

Until 1 January 2007 and without prejudice to relevant Community legislation, the emission 
limit value for NOx does not apply to plants only co-incinerating hazardous waste. 

Until  1  January  2008,  exemptions  for  NOx  and  SO2  may  be  authorised  by  the  competent 
authorities for existing co-incineration plants between 100 and 300 MWth using fluidised bed 
technology and burning solid fuels provided that the permit foresees a Cproc value of not more 
than 350 mg/Nm3 for NOx and not more than 850 to 400 mg/Nm3 (linear decrease from 100 to 
300 MWth) for SO2. 
Cproc for biomass expressed in mg/Nm3 (O2 content 6 %): 
«Biomass»  means:  products  consisting  of  any  whole  or  part  of  a  vegetable  matter  from 
agriculture or forestry, which can be used for the purpose of recovering its energy content as 
well as wastes listed in Article 2(2)(a)(i) to (v). 

Pollutant 
⌦ Polluting 
substances ⌫ 

SO2 

NOx 

Dust 

< 50 MWth 

50 to 100 MWth  100 to 300 MWth  > 300 MWth 

- 

- 

50 

200 

350 

50 

200 

300 

30 

200 

⌦ 200 ⌫ 
300 

30 

Until 1 January 2008, exemptions for NOx may be authorised by the competent authorities for 
existing  co-incineration  plants  between  100  and  300  MWth  using  fluidised  bed  technology 
and  burning  biomass  provided  that  the  permit  foresees  a  Cproc  value  of  not  more  than 
350 mg/Nm3. 
Cproc for liquid fuels expressed in mg/Nm3 (O2 content 3 %): 

< 50 
MWth 

50 to 100 
MWth 

100 to 300 MWth 

> 300 
MWth 

Pollutant 
⌦ Pollutin
g 
substances 
⌫ 

SO2 

- 

850 

⌦ 400 ⌫ 850 to 200 

200 

(linear decrease from 100 to 300 
MWth) 

EN 

150 

   EN 

 
 
 
NOx 

Dust 

- 

50 

400 

50 

⌦ 200 ⌫ 300 

30 

200 

30 

(cid:216) new 

3.2 Cproc expressed as daily average values (mg/Nm³) valid from 1 January 2016 on 

For  determining  the  rated  thermal  input  of  the  combustion  plants,  the  aggregation  rules  as 
defined in Article 32 shall apply. Half-hourly average values shall only be needed in view of 
calculating the daily average values. 

3.2.1 Cproc for combustion plants referred to in Article 33(2) 

Cproc for solid fuels with the exception of biomass (O2 content 6 %): 

< 50 MWth 

50-100 MWth 

100 to 300 MWth 

> 300 MWth 

Polluting 
substance 

SO2 

NOx 

- 

- 

400 
for peat: 300 

300 
for pulverized 
lignite: 400 

200  

200 

25 
for peat: 20 

200 

200 

20 

Dust 

50 

30 

Cproc for biomass (O2 content 6 %): 

Polluting 
substance  

SO2 

NOx 

Dust 

< 50 MWth 

50 to 100 MWth  100 to 300 MWth 

> 300 MWth 

- 

- 

50 

200 

300 

30 

200 

250 

20 

200 

200 

20 

Cproc for liquid fuels (O2 content 3 %): 

Polluting 
substance 

< 50 MWth 

50 to 100 
MWth 

100 to 300 MWth 

> 300 MWth 

SO2 

NOx 

Dust 

- 

- 

50 

350 

400 

30 

250 

200 

25 

200 

150 

20 

3.2.2 Cproc for combustion plants referred to in Article 33(3) 

EN 

151 

   EN 

 
 
 
Cproc for solid fuels with the exception of biomass (O2 content 6 %): 

Polluting 
substance 

SO2 

NOx 

< 50 MWth 

50-100 MWth 

100 to 300 MWth 

> 300 MWth 

- 

- 

400 

200 

150 

for peat: 300 

for peat: 300, 
except in the case 
of fluidized bed 
combustion: 250 

for circulating or 
pressurized fluidized bed 
combustion or, in case of 
peat firing, for all fluidized 
bed combustion: 200 

300 

200 

150 

for peat: 250 

Dust 

50 

20 

20 

for pulverized lignite 
combustion: 200 

10 

for peat: 20 

Cproc for biomass (O2 content 6 %): 

Polluting 
substance  

< 50 MWth 

50 to 100 
MWth 

100 to 300 MWth 

> 300 MWth 

SO2 

NOx 

Dust 

- 

- 

50 

200 

200 

150 

for fluidized bed 
combustion: 200 

250 

20 

200 

20 

150 

20 

Cproc for liquid fuels (O2 content 3 %): 

Polluting 
substance 

< 50 
MWth 

50 to 100 MWth 

100 to 300 MWth 

> 300 MWth 

SO2 

NOx 

Dust 

- 

- 

50 

350 

300 

30 

200 

150 

25 

150 

100 

20 

3.3II.2.2. C — total emission limit values ⌦ for heavy metals (mg/Nm3) ⌫ 

(cid:208) 2000/76/EC (adapted) 
(cid:206)1 Corrigendum, OJ L 145, 
31.5.2001, p. 52 

EN 

152 

   EN 

 
 
C  expressed  ⌦ as ⌫  in  mg/Nm3  (O2  content  6 %).  All  average  values  over  the 
⌦ sampling ⌫  sample  period  of  a  minimum  of  30  minutes  and  a  maximum  of  8  hours 
⌦ (O2 content 6% for solid fuels and 3% for liquid fuels) ⌫ . 

Pollutant ⌦ Polluting substances ⌫ 

Cd + Tl 

Hg 

Sb + As + Pb + Cr + Co + Cu + Mn + Ni + V 

C 

0,05

0,05

0,5

⌦ 3.4 C - total emission limit value (ng/Nm3) for dioxins and furans ⌫ 
C  expressed  ⌦ as ⌫  in  ng/Nm3  (O2  content  6 %).  All  average  values  measured  over  the 
⌦ sampling ⌫ sample period of a minimum of 6 hours and a maximum of 8 hours ⌦ (O2 
content 6% for solid fuels and 3% for liquid fuels). ⌫  

Pollutant ⌦ Polluting substance ⌫ 

Dioxins and furans 

C 

0,1

4II.3.  Special  provisions  for  ⌦ co-incineration  plants  in ⌫  industrial  sectors  not  covered 
under Points 2 and 3 of this Part II.1 or II.2 co-incinerating waste 
4II.3.1. C — total emission limit values ⌦ (ng/Nm3) ⌫  
C ⌦ for dioxins and furans ⌫ expressed ⌦ as ⌫ in ng/Nm3. All average values measured 
over the ⌦ sampling ⌫ sample period of a minimum of 6 hours and a maximum of 8 hours: 

Pollutant ⌦ Polluting substance ⌫ 

Dioxins and furans 

C 

0,1

⌦ 4.2 C – total emission limit values (mg/Nm3) for heavy metals ⌫  
C  expressed  ⌦ as ⌫  in  mg/Nm3.  All  average  values  over  the  ⌦ sampling ⌫  sample 
period of a minimum of 30 minutes and a maximum of 8 hours: 

Pollutant ⌦ Polluting substances ⌫ 

Cd + Tl 

Hg 

C 

0,05

0,05

EN 

153 

   EN 

 
Part 5 ANNEX IV 

Emission limit values for discharges of waste water from the cleaning of 
⌦ waste ⌫ exhaust gases 

Polluting substances 

Emission limit values expressed in 
mass concentrations for unfiltered 
samples ⌦ (mg/l except for dioxins 
and furans) ⌫ 

(100 %) 

(45 mg/l) 

1. Total suspended solids as defined by in Annex I 
of Directive 91/271/EEC 

2. Mercury and its compounds, expressed as 
mercury (Hg) 

3. Cadmium and its compounds, expressed as 
cadmium (Cd) 

4. Thallium and its compounds, expressed as 
thallium (Tl) 

(95 %) 

(30 mg/l) 

0,03 mg/l 

0,05 mg/l 

0,05 mg/l 

5. Arsenic and its compounds, expressed as arsenic 
(As) 

0,15 mg/l 

6. Lead and its compounds, expressed as lead (Pb) 

0,2 mg/l 

7. Chromium and its compounds, expressed as 
chromium (Cr) 

0,5 mg/l 

8. Copper and its compounds, expressed as copper 
(Cu) 

0,5 mg/l 

9. Nickel and its compounds, expressed as nickel 
(Ni) 

0,5 mg/l 

10. Zinc and its compounds, expressed as zinc (Zn)  1,5 mg/l 

11. Dioxins and furans, defined as the sum of the 
individual dioxins and furans evaluated in 
accordance with Annex I 

(cid:206)1 0,3 ng/l  

Until  1  January  2008,  exemptions  for  total  suspended  solids  may  be  authorised  by  the 
competent authority for existing incineration plants provided the permit foresees that 80 % of 
the measured values do not exceed 30 mg/l and none of them exceed 45 mg/l. 

EN 

154 

   EN 

 
Part 6 ANNEX III 

⌦ Monitoring of emissions ⌫ 

1. Measurement techniques 

1.1  Measurements  for  the  determination  of  concentrations  of  air  and  water  polluting 
substances ⌦ shall ⌫ have to be carried out representatively. 

1.2 Sampling and analysis of all ⌦ polluting substances ⌫ pollutants including dioxins and 
furans  as  well  as  ⌦ the  quality  assurance  of  automated  measuring  systems  and  the ⌫ 
reference  measurement  methods  to  calibrate  ⌦ them ⌫  automated  measurement  systems 
shall be carried out ⌦ according to ⌫ as given by CEN-standards. If CEN standards are not 
available, ISO standards, national or international standards which will ensure the provision 
of data of an equivalent scientific quality shall apply. ⌦ Automated measuring systems shall 
be subject to control by means of parallel measurements with the reference methods at least 
once per year. ⌫ 

1.3 At the daily emission limit value level, the values of the 95 % confidence intervals of a 
single  measured  result  shall  not  exceed  the  following  percentages  of  the  emission  limit 
values: 

Carbon monoxide: 

10 % 

Sulphur dioxide: 

20 % 

Nitrogen dioxide: 

20 % 

Total dust: 

30 % 

Total organic carbon: 

30 % 

Hydrogen chloride: 

40 % 

Hydrogen fluoride: 

40 %. 

5.  Periodic  measurements  of  the  emissions  into  the  air  and  water  shall  be  carried  out  in 
accordance with Annex III, points 1.1 and 1.2 2. 

(cid:208) 2000/76/EC Art. 10  

(cid:208) 2000/76/EC Art. 11 (adapted) 
(cid:214) new 

Article 11 

Measurement requirements 

⌦ 2. Measurements relating to air polluting substances ⌫ 

EN 

155 

   EN 

 
 
 
 
2.1  The  following  measurements  of  ⌦ relating  to ⌫  air  ⌦ polluting  substances ⌫ 
pollutants  shall  be  carried  out  in  accordance  with  Annex  III  at  the  incineration  and  co-
incineration plant: 

(a) 

(b) 

(c) 

continuous measurements of the following substances: NOx, provided that emission 
limit values are set, CO, total dust, TOC, HCl, HF, SO2; 

continuous  measurements  of 
following  process  operation  parameters: 
temperature near the inner wall or at another representative point of the combustion 
chamber as authorised by the competent authority, concentration of oxygen, pressure, 
temperature and water vapour content of the ⌦ waste ⌫ exhaust gas; 

the 

at  least  two  measurements  per  year  of  heavy  metals,  dioxins  and  furans;  one 
measurement at least every three months shall however be carried out for the first 12 
months of operation. Member States may fix measurement periods where they have 
set emission limit values for polycyclic aromatic hydrocarbons or other pollutants. 

2.23. The residence time as well as the minimum temperature and the oxygen content of the 
⌦ waste ⌫ exhaust gases shall be subject to appropriate verification, at least once when the 
⌦ waste ⌫  incineration ⌦ plant ⌫  or ⌦ waste ⌫  co-incineration  plant  is  brought  into 
service and under the most unfavourable operating conditions anticipated. 

2.34. The continuous measurement of HF may be omitted if treatment stages for HCl are used 
which ensure that the emission limit value for HCl is not being exceeded. In this ⌦ that ⌫ 
case the emissions of HF shall be subject to periodic measurements as laid down in paragraph 
2 ⌦ point 2.1 ⌫ (c). 

2.45.  The  continuous  measurement  of  the  water  vapour  content  shall  not  be  required  if  the 
sampled ⌦ waste ⌫ exhaust gas is dried before the emissions are analysed. 

2.56. Periodic measurements as laid down in paragraph 2(c) of HCl, HF and SO2 instead of 
continuous measuring may be authorised in the permit by Thethe competent authority ⌦ may 
decide  not  to  require  continuous  measurements  for  HCI,  HF  and  SO2  in  waste  ⌫  in 
incineration  ⌦ plants ⌫  or  ⌦ waste ⌫  co-incineration  plants,  ⌦ and  require  periodic 
measurements  as  set  out  in  point  2.1(c)  or ⌫  (cid:214) no  measurements   if  the  operator  can 
prove  that  the  emissions  of  those  pollutants  can  under  no  circumstances  be  higher  than  the 
prescribed emission limit values. 

(cid:214) The competent authority may decide not to require continuous measurements for NOx and 
require periodic measurements as set out in point 2.1(c) in existing waste incineration plants 
with  a  nominal  capacity  of  less  than  6  tonnes  per  hour  or  in  existing  waste  co-incineration 
plants with a nominal capacity of less than 6 tonnes per hour if the operator can prove on the 
basis  of  information  on  the  quality  of  the  waste  concerned,  the  technologies  used  and  the 
results of the monitoring of emissions that the emissions of NOx can under no circumstances 
be higher than the prescribed emission limit value.  

2.67. The (cid:214) competent authority may decide to require less than two measurements per year 
or no measurements for heavy metals and for dioxins and furans  reduction of the frequency 
of the periodic measurements for heavy metals from twice a year to once every two years and 
for  dioxins  and  furans  from  twice  a  year  to  once  every  year ⌦ in  the  following  cases: ⌫ 
may be authorised in the permit by the competent authority provided that  

(a) 

the  emissions  resulting  from  co-incineration  or  incineration  ⌦ of  waste ⌫  are 
⌦ under all circumstances ⌫ below 50 % of the emission limit values; determined 
according  to  Annex  II  or  Annex  V  respectively  and  provided  that  criteria  for  the 
requirements  to  be  met,  developed  in  accordance  with  the  procedure  laid  down  in 

EN 

156 

   EN 

 
Article 17, are available. These criteria shall at least be based on the provisions of the 
second subparagraph, points (a) and (d). 

Until 1 January 2005 the reduction of the frequency may be authorised even if no such criteria 
are available provided that: 

(ba) 

(b) 

(c) 

(cd) 

(e) 

(f) 

the  waste  to  be  co-incinerated  or  incinerated  consists  only  of  certain  sorted 
combustible  fractions  of  non-hazardous  waste  not  suitable  for  recycling  and 
presenting  certain  characteristics,  and  which  is  further  specified  on  the  basis  of  the 
assessment referred to in point subparagraph (cd); 

national quality criteria, which have been reported to the Commission, are available 
for these wastes; 

co-incineration  and  incineration  of  these  wastes  is  in  line  with  the  relevant  waste 
management plans referred to in Article 7 of Directive 75/442/EEC; 

the  operator  can  prove  to  the  competent  authority  that  the  emissions  are  under  all 
circumstances  significantly  below  the  emission  limit  values  set  out  in  Annex  II  or 
Annex  V  for  heavy  metals,  dioxins  and  furans;  this  assessment  shall  be  based  on 
⌦ the  basis  of ⌫  information  on  the  quality  of  the  waste  concerned  and  ⌦ the 
monitoring ⌫  measurements  of  the  emissions  of  the  said  pollutants;  ⌦ that  the 
emissions are under all circumstances significantly below the  emission limit values 
for heavy metals, dioxins and furans; ⌫ 

the quality criteria and the new period for the periodic measurements are specified in 
the permit; and 

all  decisions  on  the  frequency  of  measurements  referred  to  in  this  paragraph, 
supplemented  with  information  on  the  amount  and  quality  of  the  waste  concerned, 
shall be communicated on a yearly basis to the Commission. 

2.78.  The  results  of  the  measurements  made  to  verify  compliance  with  the  emission  limit 
values shall be standardised ⌦ using the standard oxygen concentrations mentioned in Part 3 
or  calculated  according  to  Part  4  and  by  applying  the  formula  given  in  Part  7. ⌫  at  the 
following conditions and for oxygen according to the formula as referred to in Annex VI: 

(a) 

(b) 

(c) 

(d) 

Temperature  273  K,  pressure  101,3  kPa,  11 %  oxygen,  dry  gas,  in  exhaust  gas  of 
incineration plants; 

Temperature  273  K,  pressure  101,3  kPa,  3 %  oxygen,  dry  gas,  in  exhaust  gas  of 
incineration of waste oil as defined in Directive 75/439/EEC; 

Wwhen  the  wastes  are ⌦ waste  is ⌫  incinerated  or  co-incinerated  in  an  oxygen-
enriched  atmosphere,  the  results  of  the  measurements  can  be  standardised  at  an 
oxygen  content  laid  down  by  the  competent  authority  reflecting  the  special 
circumstances of the individual case.; 

in the case of co-incineration, the results of the measurements shall be standardised 
at a total oxygen content as calculated in Annex II. 

When  the  emissions  of  ⌦ polluting  substances ⌫  pollutants  are  reduced  by  ⌦ waste ⌫ 
exhaust  gas  treatment  in  an  ⌦ a  waste ⌫  incineration  ⌦ plant ⌫  or  ⌦ waste ⌫  co-
incineration  plant  treating  hazardous  waste,  the  standardisation  with  respect  to  the  oxygen 
contents  provided  for  in  the  first  subparagraph  shall  be  done  only  if  the  oxygen  content 
measured  over  the  same  period  as  for  the  ⌦ polluting  substance ⌫  pollutant  concerned 
exceeds the relevant standard oxygen content. 

EN 

157 

   EN 

 
⌦ 3. Measurements relating to water polluting substances ⌫ 

14. 3.1 The following measurements shall be carried out at the point of waste water discharge: 

(a) 

(b) 

(c) 

(d) 

continuous  measurements  of  ⌦ pH,  temperature  and  flow ⌫  the  parameters 
referred to in Article 8(6)(b) ; 

spot sample daily measurements of total suspended solids ⌦ or measurements of a 
flow  proportional  representative  sample  over  a  period  of  24  hours;  ⌫  ;  Member 
States  may  alternatively  provide  for  measurements  of  a  flow  proportional 
representative sample over a period of 24 hours; 

at  least  monthly  measurements  of  a  flow  proportional  representative  sample  of  the 
discharge over a period of 24 hours of the polluting substances referred to in Article 
8(3) with respect to items 2 to 10 in Annex IV ⌦ Hg, Cd, TI, As, Pb, Cr, Ni and 
Zn; ⌫ 

at  least  every  six  months  measurements  of  dioxins  and  furans;  however  one 
measurement at least every three months shall be carried out for the first 12 months 
of  operation.  Member  States  may  fix  measurement  periods  where  they  have  set 
emission limit values for polycyclic aromatic hydrocarbons or other pollutants. 

(cid:208) 2000/76/EC Art. 8 (adapted) 

3.2 Where the waste water from the cleaning of exhaust ⌦ waste ⌫ gases is treated on site 
collectively  with  other  on-site  sources  of  waste  water,  the  operator  shall  take  the 
measurements referred to in Article 11: 

(a) 

(b) 

(c) 

on  the  waste  water  stream  from  the  ⌦ waste ⌫  exhaust  gas  cleaning  processes 
prior to its input into the collective waste water treatment plant; 

on  the  other  waste  water  stream  or  streams  prior  to  its  or  their  input  into  the 
collective waste water treatment plant; 

at the point of final waste water discharge, after the treatment, from the ⌦ waste ⌫ 
incineration plant or ⌦ waste ⌫ co-incineration plant. 

EN 

158 

   EN 

 
 
(cid:208) 2000/76/EC (adapted) 

Part 7 ANNEX VI 

Formula to calculate the emission concentration at the standard percentage oxygen 
concentration 

 21 – OS 
ES =                     × EM 
21 – OM 

ES 

= 

calculated emission concentration at the standard percentage oxygen 
concentration 

EM 

OS 

OM 

=  measured emission concentration 

= 

standard oxygen concentration 

=  measured oxygen concentration 

EN 

159 

   EN 

 
 
 
⌦ Assessment of compliance with emission limit values ⌫ 

Part 8 

(cid:208) 2000/76/EC Art. 11 (adapted) 

⌦ 1. Air emission limit values ⌫ 

101.1. The emission limit values for air shall be regarded as being complied with if:  

(a) 

(b) 

(c) 

none of the daily average values exceeds any of the emission limit values set out in 
point  1.1  of  Part  3  or  in  Part  4  Annex  V(a)  or  Annex  II  ⌦ or  calculated  in 
accordance with Part 4 ⌫ ; 

97 %  of  the  daily  average  value  over  the  year  does  not  exceed  the  emission 
limit value set out in Annex V(e) first indent; 

either  none  of  the  half-hourly  average  values  exceeds  any  of  the  emission  limit 
values  set  out  in  Annex  V(b),  column  A  of  the  table  under  point  1.2  of  Part  3  or, 
where relevant, 97 % of the half-hourly average values over the year do not exceed 
any of the emission limit values set out in Annex V(b), column B of the table under 
point 1.2 of Part 3; 

none of the average values over the sample ⌦ sampling ⌫ period set out for heavy 
metals and dioxins and furans exceeds the emission limit values set out in points 1.3 
and  1.4  of  Part  3  or  in  Part  4  Annex  V(c)  and  (d)  or  Annex  II ⌦ or  calculated  in 
accordance with Part 4 ⌫ ; 

(d) 

the provisions of Annex V(e), second indent or Annex II, are met. 

⌦ (d) for carbon monoxide (CO): ⌫ 

⌦ (i) in case of waste incineration plants: ⌫ 

⌦ -  at  least  97  %  of  the  daily  average  values  over  the  year  do  not  exceed  the 

emission limit value set out in point 1.5(a) of Part 3; ⌫ 

⌦ and ⌫ 

⌦ - at least 95 % of all 10-minute average values taken in any 24-hour period or all 
of  the  half-hourly  average  values  taken  in  the  same  period  do  not  exceed  the 
emission limit values set out in points 1.5(b) and (c) of Part 3 ⌫ 

⌦ (ii) in case of waste co-incineration plants: the provisions of Part 4 are met. ⌫ 

1.211. The half-hourly average values and the 10-minute averages shall be determined within 
the  effective  operating  time  (excluding  the  start-up  and  shut-off  ⌦ down ⌫  periods  if  no 
waste is being incinerated) from the measured values after having subtracted the value of the 
confidence  interval  specified  in  point  1.3  of  Part  6  point  3  of  Annex  III.  The  daily  average 
values shall be determined from those validated average values. 

To obtain a valid daily average value no more than five half-hourly average values in any day 
shall be discarded due to malfunction or maintenance of the continuous measurement system. 
No  more  than  ten  daily  average  values  per  year  shall  be  discarded  due  to  malfunction  or 
maintenance of the continuous measurement system. 

1.312. The average values over the sample ⌦ sampling ⌫ period and the average values in 
the case of periodical measurements of HF, HCl and SO2 shall be determined in accordance 

EN 

160 

   EN 

 
 
 
with the requirements of Articles 40(1)(e) and 43(3) Article 10(2) and (4) and Annex III point 
1 of Part 6.  

15.  The  monitoring  of  the  mass  of  pollutants  in  the  treated  waste  water  shall  be  done  in 
conformity with Community legislation and laid down in the permit as well as the frequency 
of the measurements. 

2.16. ⌦ Water emission limit values. ⌫ 

The emission limit values for water shall be regarded as being complied with if: 

(a) 

(b) 

for  total  suspended  solids  (polluting  substance  number  1),  95 %  and  100 %  of  the 
measured values do not exceed the respective emission limit values as set out in Part 
5 Annex IV; 

for  heavy  metals  ⌦  (Hg,  Cd,  TI,  As,  Pb,  Cr,  Cu,  Ni  and  Zn)  ⌫  (polluting 
substances  number  2  to  10)  no  more  than  one  measurement  per  year  exceeds  the 
emission limit values set out in Part 5 Annex IV; or, if the Member State provides for 
more  than  20  samples  per  year,  no  more  than  5 %  of  these  samples  exceed  the 
emission limit values set out in Part 5 Annex IV; 

(c) 

for  dioxins  and  furans  (polluting  substance  11),  the  twice-yearly  measurements 
⌦ results ⌫ do not exceed the emission limit value set out in Part 5 Annex IV. 

17. Should the measurements taken show that the emission limit values for air or water laid 
down  in  this  Directive  have  been  exceeded,  the  competent  authorities  shall  be  informed 
delay.
without 

EN 

161 

   EN 

 
(cid:208) 1999/13/EC (adapted) 
(cid:206)1 Corrigendum, OJ L 240, 
10.9.1999, p. 24 

ANNEX VIII 

Part 1  

⌦ Activities ⌫SCOPE 

This Annex contains the categories of activity referred to in Article 1. When operated above 
the thresholds listed in Annex IIA, the activities mentioned in this Annex fall within the scope 
of  the  Directive.  In  each  case  the  ⌦ 1.  In  each  of  the  following  points,  the ⌫  activity 
includes  the  cleaning  of  the  equipment  but  not  the  cleaning  of  products  unless  specified 
otherwise. 

2. Adhesive coating 

Any  activity  in  which  an  adhesive  is  applied  to  a  surface,  with  the  exception  of  adhesive 
coating and laminating associated with printing activities. 

3. Coating activity 

Any  activity  in  which  a  single  or  multiple  application  of  a  continuous  film  of  a  coating  is 
applied to: 

(a)  ⌦ either of the following ⌫ vehicles as listed below: 

(i) 

(ii) 

new cars, defined as vehicles of category M1 in Council Directive 70/156/EEC 
of  6  February  1970  on  the  approximation  of  the  laws  of  the  Member  States 
relating to the type-approval of motor vehicles and their trailers and of category 
N1 in so far as they are coated at the same installation as M1 vehicles84;, 

truck cabins, defined as the housing  for  the driver, and all integrated housing 
for the technical equipment, of vehicles of categories N2 and N3 in Directive 
70/156/EEC;, 

(iii)  vans and trucks, defined as vehicles of categories N1, N2 and N3 in Directive 

70/156/EEC, but not including truck cabins;, 

(iv)  buses, defined as vehicles of categories M2 and M3 in Directive 70/156/EEC;, 

(v) 

trailers, defined in categories O1, O2, O3 and O4 in Directive 70/156/EEC;, 

metallic and plastic surfaces including surfaces of airplanes, ships, trains, etc.;, 

wooden surfaces;, 

textile, fabric, film and paper surfaces;, 

leather. 

(b) 

(c) 

(d) 

(e) 

⌦ Coating  activities do  ⌫  It  does  not  include  the  coating  of  substrate  with  metals  by 
electrophoretic  and  chemical  spraying  techniques.  If  the  coating  activity  includes  a  step  in 
which the same article is printed by whatever technique used, that printing step is considered 
part of the coating activity. However, printing activities operated as a separate activity are not 

84 

OJ L 42, 23.2.1970, p. 1-15.  

EN 

162 

   EN 

 
 
                                                 
included, but may be covered by Chapter V of this the Directive if the printing activity falls 
within the scope thereof. 

4. Coil coating 

Any activity where coiled steel, stainless steel, coated steel, copper alloys or aluminium strip 
is coated with either a film forming or laminate coating in a continuous process. 

5. Dry cleaning 

Any  industrial  or  commercial  activity  using  volatile  organic  compounds VOCs  in  an 
installation  to  clean  garments,  furnishing  and  similar  consumer  goods  with  the  exception  of 
the manual removal of stains and spots in the textile and clothing industry. 

6. Footwear manufacture 

Any activity of producing complete footwear or parts thereof. 

7. Manufacturing of coating ⌦ mixtures ⌫ preparations, varnishes, inks and adhesives 

The  manufacture  of  the  above  final  products,  and  of  intermediates  where  carried  out  at  the 
same site, by mixing of pigments, resins and adhesive materials with organic solvent or other 
carrier,  including  dispersion  and  predispersion  activities,  viscosity  and  tint  adjustments  and 
operations for filling the final product into its container. 

8. Manufacturing of pharmaceutical products 

The chemical synthesis, fermentation, extraction, formulation and finishing of pharmaceutical 
products and, where carried out at the same site, the manufacture of intermediate products. 

9. Printing 

Any reproduction activity of text and/or images in which, with the use of an image carrier, ink 
is  transferred  onto  whatever  type  of  surface.  It  includes  associated  varnishing,  coating  and 
laminating  techniques.  However,  only  the  following  sub-processes  are  subject  to  Chapter 
Vthe Directive: 

(a) 

(b) 

(c) 

(d) 

(e) 

flexography  -  a  printing  activity  using  an  image  carrier  of  rubber  or  elastic 
photopolymers  on  which  the  printing  areas  are  above  the  non-printing  areas,  using 
liquid inks which dry through evaporation;, 

heatset web offset - a web-fed printing activity using an image carrier in which the 
printing and non-printing area are in the same plane, where web-fed means that the 
material  to  be  printed  is  fed  to  the  machine  from  a  reel  as  distinct  from  separate 
sheets.  The  non-printing  area  is  treated  to  attract  water  and  thus  reject  ink.  The 
printing  area  is  treated  to  receive  and  transmit  ink  to  the  surface  to  be  printed. 
Evaporation takes place in an oven where hot air is used to heat the printed material;, 

laminating  associated  to  a  printing  activity  -  the  adhering  together  of  two  or  more 
flexible materials to produce laminates;, 

publication  rotogravure  -  a  rotogravure  printing  activity  used  for  printing  paper  for 
magazines, brochures, catalogues or similar products, using toluene-based inks;, 

rotogravure  -  a  printing  activity  using  a  cylindrical  image  carrier  in  which  the 
printing  area  is  below  the  non-printing  area,  using  liquid  inks  which  dry  through 
evaporation. The recesses are filled with ink and the surplus is cleaned off the non-
printing area  before the  surface to be printed contacts the cylinder and lifts the ink 
from the recesses;, 

EN 

163 

   EN 

 
(f) 

rotary screen printing - a web-fed printing activity in which the ink is passed onto the 
surface  to  be  printed  by  forcing  it  through  a  porous  image  carrier,  in  which  the 
printing area is open and the non-printing area is sealed off, using liquid inks which 
dry only through evaporation. Web-fed means that the material to be printed is fed to 
the machine from a reel as distinct from separate sheets;, 

(g) 

varnishing - an activity by which a varnish or an adhesive coating for the purpose of 
later sealing the packaging material is applied to a flexible material. 

10. Rubber conversion 

Any activity of mixing, milling, blending, calendering, extrusion and vulcanisation of natural 
or synthetic rubber and any ancillary operations for converting natural or synthetic rubber into 
a finished product. 

11. Surface cleaning 

Any  activity  except  dry  cleaning  using  organic  solvents  to  remove  contamination  from  the 
surface of material including degreasing. A cleaning activity consisting of more than one step 
before  or  after  any  other  activity  shall  be  considered  as  one  surface  cleaning  activity.  This 
activity does not refer to the cleaning of the equipment but to the cleaning of the surface of 
products. 

12. Vegetable oil and animal fat extraction and vegetable oil refining activities 

Any activity to extract vegetable oil from seeds and other vegetable matter, the processing of 
dry residues to produce animal feed, the purification of fats and vegetable oils derived from 
seeds, vegetable matter and/or animal matter. 

13. Vehicle refinishing 

Any industrial or commercial coating activity and associated degreasing activities performing 
⌦ either of the following ⌫ : 

(a) 

(b) 

the  original  coating  of  road  vehicles  as  defined  in  Directive  70/156/EEC  or  part  of 
them with refinishing-type materials, where this is carried out away from the original 
manufacturing line;, or 

the  coating  of  trailers  (including  semi-trailers)  (category  O  ⌦ in  Directive 
70/156/EEC ⌫ ). 

14. Winding wire coating 

Any  coating  activity  of  metallic  conductors  used  for  winding  the  coils  in  transformers  and 
motors, etc. 

15. Wood impregnation 

Any activity giving a loading of preservative in timber. 

16. Wood and plastic lamination 

Any activity to adhere together wood and/or plastic to produce laminated products. 

EN 

164 

   EN 

 
Part 2 ANNEX IIA 

I. Thresholds and emission ⌦ limit values ⌫ controls 

31. Standard conditions shall mean ⌦ The emission limit values in waste gases shall be calculated at ⌫ a temperature of 273,.15 K and ⌦ , ⌫ a 
pressure of 101,.3 kPa ⌦ and after correction for the water vapour content of the waste gases ⌫ .; 

Activity 

(solvent consumption 
threshold in tonnes/year) 

Threshold 

(solvent 
consumption 
threshold in 
tonnes/year) 

Emission limit 
values in waste 
gases (mg 
C/Nm3) 

Fugitive emission 
⌦ limit ⌫ values 
(percentage of solvent 
input) 

Total emission limit values 

Special provisions 

New 
⌦ installati
ons ⌫ 

Existing 
⌦ installa
tions ⌫ 

New 
⌦ installati
ons ⌫ 

Existing 
⌦ installat
ions ⌫ 

1  Heatset web offset printing 

15—25 

(> 15) 

> 25 

2  Publication rotogravure 

(> 25) 

3  Other rotogravure, 

flexography, rotary screen 
printing, laminating or 
varnishing units (> 15)  
rotary screen printing on 
textile/cardboard (> 30) 

15—25 

> 25 
> 30 (1) 

100 

20 

75 

100 

100 

100 

15 

30 (1) 
30 (1) 

10 

25 

20 

20 

(1) Solvent residue in finished product 
is not to be considered as part of 
fugitive emissions. 

(1) Threshold for rotary screen printing 
on textile and on cardboard. 

EN 

165 

EN 

 
  
 
 
 
 
 
 
 
 
1—5 

> 5 

20 (12) 
20 (12) 

15 

10 

(12) Limit ⌦ value ⌫ refers to mass 
of compounds in mg/Nm3, and not to 
total carbon. 

4  Surface cleaning ⌦ using 
compounds specified in 
Article 54(5) ⌫ Article 5(6) 
and (8). 
(1) 

(> 1) 

5  Other surface cleaning 

(> 2) 

2—10 

> 10 

75 (1) 
75 (1) 

20 (1) 
15 (1) 

6  Vehicle coating (< 15) and 

> 0,5 

50 (1) 

25 

vehicle refinishing 

7  Coil coating 

(> 25) 

50 (1) 

5 

10 

(1) Installations which demonstrate to 
the competent authority that the 
average organic solvent content of all 
cleaning material used does not exceed 
30 % by weight are exempt from 
application of these values. 

(1) Compliance in accordance with 
Article 9(3) point 2 of Part 8 
⌦ shall ⌫ should be demonstrated 
based on 15 minute average 
measurements. 

(1) For installations which use 
techniques which allow reuse of 
recovered solvents, the emission limit 
⌦ value ⌫ shall be 150. 

EN 

166 

EN 

 
  
 
 
 
 
 
8  Other coating, including 
metal, plastic, textile (5), 
fabric, film and paper coating 

5—15 

> 15 

100 (1) (4) 
50/75 (2) (3) (4) 

(cid:206)1 25 (4)  
20 (4) 

(> 5) 

9  Winding wire coating 

(> 5) 

10 g/kg (1) 
5 g/kg (2) 

10  Coating of wooden surfaces 

15—25 

(> 15) 

> 25 

100 (1) 
50/75 (2) 

25 

20 

(1) Emission limit value applies to 
coating application and drying 
processes operated under contained 
conditions. 
(2) The first emission limit value 
applies to drying processes, the second 
to coating application processes. 
(3) For textile coating installations 
which use techniques which allow 
reuse of recovered solvents, the 
emission limit ⌦ value ⌫ applied to 
coating application and drying 
processes taken together shall be 150. 
(4) Coating activities which cannot be 
applied ⌦ carried out ⌫ under 
contained conditions (such as 
shipbuilding, aircraft painting) may be 
exempted from these values, in 
accordance with Article 5(3)(b) 54(3). 
(5) Rotary screen printing on textile is 
covered by activity No 3. 

(1) Applies for installations where 
average diameter of wire ≤ 0,1 mm. 
(2) Applies for all other installations. 

(1) Emission limit ⌦ value ⌫ applies 
to coating application and drying 
processes operated under contained 
conditions. 
(2) The first value applies to drying 
processes, the second to coating 
application processes. 

EN 

167 

EN 

 
  
 
 
 
 
 
11  Dry cleaning 

20 g/kg (1) (2) (3) 

12  Wood impregnation 

(> 25) 

13  Coating of leather 

(> 10) 

10—25 

> 25 
> 10 (1) 

14  Footwear manufacture 

(> 5) 

100 (1) 

45 

11 kg/m3 

85 g/m2 
75 g/m2 
150 g/m2 

25 g per pair 

(1) Expressed in mass of solvent 
emitted per kilogram of product 
cleaned and dried. 
(2) The emission limit ⌦ value ⌫ in 
Article 5(8) point 2 of Part 4 does not 
apply for this sector ⌦ activity ⌫ . 
(3) The following exemption refers 
only to Greece: the total emission limit 
value does not apply, for a period of 12 
years after the date on which this 
Directive is brought into effect, to 
existing installations located in remote 
areas and/or islands, with a population 
of no more than 2 000 permanent 
inhabitants where the use of advanced 
technology equipment is not 
economically feasible. 

(1) ⌦ Emission limit value ⌫ dDoes 
not apply for impregnation with 
creosote. 

Emission limits ⌦ limit values ⌫ are 
expressed in grams of solvent emitted 
per m2 of product produced. 
(1) For leather coating activities in 
furnishing and particular leather goods 
used as small consumer goods like 
bags, belts, wallets, etc. 

Total emission limit values are 
⌦ value is ⌫ expressed in grams of 
solvent emitted per pair of complete 
footwear produced. 

EN 

168 

EN 

 
  
 
 
 
 
 
 
 
 
 
15  Wood and plastic lamination 

(> 5) 

16  Adhesive coating 

(> 5) 

5—15 

> 15 

17  Manufacture of coating 

100—1 000 

⌦ mixtures ⌫ preparations, 
varnishes, inks and adhesives 

> 1 000 

(> 100) 

18  Rubber conversion 

(> 15) 

50 (1) 
50 (1) 

150 

150 

25 

20 

5 

3 

30 g/m2 

5 % of solvent input 

3 % of solvent input 

20 (1) 

25 (2) 

25 % of solvent input 

(1) If techniques are used which allow 
reuse of recovered solvent, the 
emission limit value in waste gases 
shall be 150. 

The fugitive emission ⌦ limit ⌫ 
value does not include solvent sold as 
part of a coatings ⌦ mixture ⌫ 
preparation in a sealed container. 

(1) If techniques are used which allow 
reuse of recovered solvent, the 
emission limit value in waste gases 
shall be 150. 
(2) The fugitive emission ⌦ limit ⌫ 
value does not include solvent sold as 
part of products or preparations 
⌦ mixtures ⌫ in a sealed container. 

19  Vegetable oil and animal fat 
extraction and vegetable oil 
refining activities 

(> 10) 

Animal 
1,5 kg/tonne 

Castor:  
3 kg/tonne 

Rape 
1 kg/tonne 

Sunflower 
1 kg/tonne 

Soya beans (normal 
crush):  
0,8 kg/tonne 

fat: 

seed: 

seed:

(1) Total emission limit values for 
installations processing individual 
batches of seeds and other vegetable 
matter should be set by the competent 
authority on a case-by-case basis, 
applying the best available techniques. 
(2) Applies to all fractionation 
processes excluding de-gumming (the 
removal of gums from the oil). 
(3) Applies to de-gumming. 

EN 

169 

EN 

 
  
 
 
 
 
 
 
 
 
 
20  Manufacturing of 

pharmaceutical products 

(> 50) 

20 (1) 

5 (2) 

15 (2) 

Soya beans (white flakes): 
1,2 kg/tonne 

Other seeds and other 
vegetable matter: 
3 kg/tonne (1) 
1,5 kg/tonne (2) 
4 kg/tonne (3) 

5 % of 
solvent input 

15 % of 
solvent 
input 

(1) If techniques are used which allow 
reuse of recovered solvent, the 
emission limit value in waste gases 
shall be 150. 
(2) The fugitive emission limit value 
does not include solvent sold as part of 
products or ⌦ mixtures ⌫ 
preparations in a sealed container. 

EN 

170 

EN 

 
  
 
Part 3 

II. ⌦ Emission limit values for installations of ⌫ the vehicle coating industry 

1. The total emission limit values are expressed in terms of grams of ⌦ organic ⌫ solvent 
emitted  in  relation  to  the  surface  area  of  product  in  square  metres  and  in  kilograms  of 
⌦ organic ⌫ solvent emitted in relation to the car body. 

2.  The  surface  area  of  any  product  dealt  with  in  the  table  ⌦ under  point  3 ⌫  below  is 
defined as follows: 

-  the  surface  area  calculated  from  the  total  electrophoretic  coating  area,  and  the 
surface  area  of  any  parts  that  might  be  added  in  successive  phases  of  the  coating 
process  which  are  coated  with  the  same  coatings  as  those  used  for  the  product  in 
question, or the total surface area of the product coated in the installation. 

The  surface  of  the  electrophoretic  coating  area  is  calculated  using  the  ⌦ following ⌫ 
formula:  

2 × total weight of product shell 

average thickness of metal sheet × density of metal sheet 

This method shall also be applied for other coated parts made out of sheets. 

Computer aided design or other equivalent methods shall be used to calculate the surface area 
of the other parts added, or the total surface area coated in the installation. 

3. The total emission limit values in the table below refers to all process stages carried out at 
the  same  installation  from  electrophoretic  coating,  or  any  other  kind  of  coating  process, 
through to the final wax and polish of topcoating inclusive, as well as solvent used in cleaning 
of  process  equipment,  including  spray  booths  and  other  fixed  equipment,  both  during  and 
outside  of  production  time.  The  total  emission  limit  value  is  expressed  as  the  mass  sum  of 
organic compounds per m2 of the total surface area of coated product and as the mass sum of 
organic compounds per car body. 

Activity 

Production threshold 

Total emission limit value  

(solvent consumption 
threshold in tonnes/year) 

(refers to annual 
production of coated item)

Coating of new cars (> 15) 

> 5 000 

≤ 5 000 monocoque or 
> 3 500 chassis-built 

New 
⌦ installations 
⌫ 

Existing 
⌦ installations
⌫ 

45 g/m2 or 
1,3 kg/body 
+ 33 g/m2 

90 g/m2 or 
1,5 kg/body 
+ 70 g/m2 

60 g/m2 or 
1,9 kg/body 
+ 41 g/m2 

90 g/m2 or 
1,5 kg/body 
+ 70 g/m2 

Total emission limit ⌦ value ⌫ 
(g/m2) 

Coating of new truck 

≤ 5 000 

65 

85 

EN 

171 

   EN 

 
 
 
 
 
cabins (> 15) 

Coating of new vans and 
trucks (> 15) 

Coating of new buses 
(> 15) 

> 5 000 

≤ 2 500 

> 2 500 

≤ 2 000 

> 2 000 

55 

90 

70 

210 

150 

75 

120 

90 

290 

225 

4. Vehicle coating installations below the solvent consumption thresholds ⌦ mentioned ⌫ 
in the table under point 3above shall meet the requirements for the vehicle refinishing sector 
⌦ set out ⌫ in Part 2 Annex IIA. 

EN 

172 

   EN 

 
 
(cid:208) 1999/13/EC Art. 5 (adapted) 

Part 4 

⌦ Emission limit values relating to volatile organic compounds with specific risk 
phrases ⌫  

1.7. For discharges ⌦ emissions ⌫ of the VOCs volatile organic compounds referred to in 
paragraph  6,  Article  53  where  the  mass  flow  of  the  sum  of  the  compounds  causing  the 
labelling referred to in that Articleparagraph is greater than, or equal to, 10 g/h, an emission 
limit value of 2 mg/Nm3 shall be complied with. The emission limit value refers to the mass 
sum of the individual compounds. 

2.8. For discharges ⌦ emissions ⌫ of halogenated VOCs volatile organic compounds which 
are  assigned  the  risk  phrase  R40  ⌦ or  R68 ⌫  ,  where  the  mass  flow  of  the  sum  of  the 
compounds causing the labelling R40 ⌦ or R68 ⌫ is greater than, or equal to, 100 g/h, an 
emission limit value of 20 mg/Nm3 shall be complied with. The emission limit value refers to 
the mass sum of the individual compounds.  

EN 

173 

   EN 

 
 
(cid:208) 1999/13/EC (adapted) 

Part 5 ANNEX IIB 

Reduction scheme 

1. PRINCIPLES 

The  purpose  of  the  reduction  scheme  is  to  allow  the  operator  the  possibility  to  achieve  by 
other  means  emission  reductions,  equivalent  to  those  achieved  if  the  emission  limit  values 
were  to  be  applied.  To  that  end  The  operator  may  use  any  reduction  scheme,  specially 
designed  for  his  installation,  provided  that  in  the  end  an  equivalent  emission  reduction  is 
achieved.  Member  States  shall  report  according  to  Article  11  of  the  Directive  to  the 
Commission  about  the  progress  in  achieving  the  same  emission  reduction,  including  the 
experience from the application of the reduction scheme. 

2. PRACTICE 

1. In the case of applying coatings, varnishes, adhesives or inks, the following scheme can be 
used.  Where  the  following  method  is  inappropriate,  the  competent  authority  may  allow  an 
operator to apply any alternative exemption scheme which it is satisfied fulfils the principles 
outlined here ⌦ achieving equivalent emission reductions to those achieved if the emission 
limit values of Parts 2 and 3 were to be applied ⌫ . The design of the scheme takes ⌦ shall 
take ⌫ into account the following facts: 

(ai) 

where  substitutes  containing little  or  no solvent are still under development, a  time 
extension  must  ⌦ shall ⌫  be  given  to  the  operator  to  implement  his  emission 
reduction plans; 

(bii) 

the reference point for emission reductions should correspond as closely as possible 
to the emissions which would have resulted had no reduction action been taken. 

2. The following scheme shall operate for installations for which a constant solid content of 
product can be assumed and used to define the reference point for emission reductions: 

(i) 

the  operator  shall  forward  an  emission  reduction  plan  which  includes  in  particular 
decreases in the average solvent content of the total input and/or increased efficiency 
in the use of solids to achieve a reduction of the total emissions from the installation 
to a given percentage of the annual reference emissions, termed the target emission. 
This must be done on the following time frame: 

Time period 

Maximum allowed total annual 
emissions 

New installations 

Existing installations 

By 31.10.2001 

By 31.10.2005 

Target emission × 1,5 

By 31.10.2004 

By 31.10.2007 

Target emission 

(aii) 

The annual reference emission is calculated as follows: 

(ia)  The  total  mass  of  solids  in  the  quantity  of  coating  and/or  ink,  varnish  or 
adhesive consumed in a year is determined. Solids are all materials in coatings, 

EN 

174 

   EN 

 
 
inks, varnishes and adhesives that become solid once the water or the volatile 
organic compounds are evaporated. 

(ii)  The  annual  reference  emissions  are  calculated  by  multiplying  the  mass 
determined  in (i) (a)  by  the  appropriate  factor  listed  in  the  table  below. 
Competent  authorities  may  adjust  these  factors  for  individual  installations  to 
reflect documented increased efficiency in the use of solids. 

Activity 

Multiplication factor for use in item 
(a)(ii)(ii)(b) 

Rotogravure printing; flexography printing; 
laminating as part of a printing activity; varnishing 
as part of a printing activity; wood coating; coating 
of textiles, fabric film or paper; adhesive coating 

Coil coating, vehicle refinishing 

Food contact coating, aerospace coatings 

Other coatings and rotary screen printing 

4

3

2,33

1,5

(bc) 

The  target  emission  is  equal  to  the  annual  reference  emission  multiplied  by  a 
percentage equal to: 

(1) 

(the  fugitive  emission  ⌦ limit ⌫  value  + 15),  for  installations  falling 
within  item  6  and  the  lower  threshold  band  of  items  8  and  10  of Part 
2 Annex IIA, 

(2) 

(the fugitive emission ⌦ limit ⌫ value + 5) for all other installations. 

(cd) 

Compliance  is  achieved  if  the  actual  solvent  emission  determined  from  the  solvent 
management plan is less than or equal to the target emission. 

EN 

175 

   EN 

 
(cid:208) 1999/13/EC Art. 8 (adapted) 

Part 6 

⌦ Emission ⌫ Mmonitoring 

1.2. Member States shall ensure that cChannels to which abatement equipment is connected, 
and which at the final point of discharge emit more than an average of 10 kg/h of total organic 
carbon, ⌦ shall be ⌫ are monitored continuously for compliance. 

23.  In  the  other  cases,  Member  States  shall  ensure  that  either  continuous  or  periodic 
measurements  are  carried  out.  For  periodic  measurements  at  least  three  ⌦ measurement 
values ⌫ readings shall be obtained during each measurement exercise. 

34. Measurements are not required in the case where end-of-pipe abatement equipment is not 
needed to comply with this Directive.

EN 

176 

   EN 

 
 
(cid:208) 1999/13/EC (adapted) 
(cid:214) new 

Part 7 ANNEX III 

Solvent management plan 

1. INTRODUCTION 

This  Annex  provides  guidance  on  carrying  out  a  solvent  management  plan.  It  identifies  the 
principles to be applied (item 2) and provides a framework for the mass balance (item 3) and 
an indication of the requirements for verification of compliance (item 4). 

12. Principles 

The solvent management plan ⌦ shall be used to ⌫ serves the following purposes: 

(ai)  ⌦ verify ⌫ verification of compliance as specified in Article 57 9(1); 

(bii)  ⌦ identify ⌫ identification of future reduction options; 

(ciii)  ⌦ enable ⌫  enabling  provision  of  information  on  solvent  consumption,  solvent 
emissions and compliance with ⌦ the requirements of ⌫ Chapter Vthe Directive to 
the public. 

23. Definitions 

The following definitions provide a framework for the mass balance exercise. 

Inputs of organic solvents (I): 

I1 

I2 

The  quantity  of  organic  solvents  or  their  quantity  in  ⌦ mixtures ⌫  preparations 
purchased which are used as input into the process in the time frame over which the 
mass balance is being calculated. 

The  quantity  of  organic  solvents  or  their  quantity  in  ⌦ mixtures ⌫  preparations 
recovered  and  reused  as  solvent  input  into  the  process.  (The  recycled  solvent  is 
counted every time it is used to carry out the activity.) 

Outputs of organic solvents (O): 

O1 

O2 

O3 

O4 

O5 

Emissions in waste gases. 

Organic  solvents  lost  in  water,  if  appropriate  taking  into  account  waste  water 
treatment when calculating O5. 

The  quantity  of  organic  solvents  which  remains  as  contamination  or  residue  in 
products output from the process. 

Uncaptured emissions of organic solvents to air. This includes the general ventilation 
of rooms, where air is released to the outside environment via windows, doors, vents 
and similar openings. 

Organic  solvents  and/or  organic  compounds  lost  due  to  chemical  or  physical 
reactions  (including  for  example  those  which  are  destroyed,  e.g.  by  incineration  or 
other waste gas or waste water treatments, or captured, e.g. by adsorption, as long as 
they are not counted under O6, O7 or O8). 

O6 

Organic solvents contained in collected waste. 

EN 

177 

   EN 

 
 
O7 

O8 

Organic  solvents,  or  organic  solvents  contained  in  ⌦ mixtures ⌫  preparations, 
which are sold or are intended to be sold as a commercially valuable product. 

Organic solvents contained  in ⌦ mixtures ⌫ preparations recovered for reuse but 
not as input into the process, as long as not counted under O7. 

O9 

Organic solvents released in other ways. 

43. (cid:214) Use of  Guidance on the solvent management plan for verification of compliance. 

The  use  made  of  the  solvent  management  plan  ⌦ shall ⌫  will  be  determined  by  the 
particular requirement which is to be verified, as follows: 

(ai) 

vVerification  of  compliance  with  the  reduction  option ⌦ scheme  as  set  out ⌫  in 
Part  5 Annex  IIB,  with  a  total  emission  limit  value  expressed  in  solvent  emissions 
per unit product, or otherwise stated in Parts 2 and 3 Annex IIA. 

(ia)  For for all activities ⌦ using the reduction scheme as set out in ⌫ using Part 
5,  Annex  IIB  the  solvent  management  plan  ⌦ shall ⌫  should  be  done 
annually to determine ⌦ the ⌫ consumption (C). ⌦ The ⌫ cConsumption 
can(cid:214) shall  be calculated according to the following equation: 

C = I1 − O8 

A parallel exercise ⌦ shall ⌫ should also be undertaken to determine solids 
used in coating in order to derive the annual reference emission and the target 
emission each year. 

(iib)  For  for  assessing  compliance  with  a  total  emission  limit  value  expressed  in 
solvent emissions per unit product or otherwise stated in Parts 2 and 3 Annex 
IIA,  the  solvent  management  plan  ⌦ shall ⌫  should  be  done  annually  to 
determine ⌦ the ⌫ emissions (E). ⌦ The ⌫ eEmissions (cid:214) shall  can be 
calculated according to the following equation: 

E = F + O1 

Wherewhere F is the fugitive emission as defined in point (b)(i)section (ii)(a). 
The  emission  figure  ⌦ shall ⌫  should  then  be  divided  by  the  relevant 
product parameter. 

(iiic)  For  for  assessing  compliance  with  the  requirements  of  point  (b)(ii)  of 
paragraph 6 of Article 54 5(5)(b)(ii), the solvent management plan ⌦ shall ⌫ 
should  be  done  annually  to  determine  total  emissions  from  all  activities 
concerned, and that figure ⌦ shall ⌫ should then be compared with the total 
emissions  that  would  have  resulted  had  the  requirements  of  Parts  2,  3  and 
5 Annex II been met for each activity separately. 

(bii) 

Determination  of  fugitive  emissions  for  comparison  with  ⌦ the ⌫  fugitive 
emission ⌦ limit ⌫ values in Part 2 Annex IIA: 

(ia)  Methodology 

The fugitive emission (cid:214) shall  can be calculated according to ⌦ one of ⌫ 
the following equations;: 

F = I1 − O1 − O5 − O6 − O7 − O8 

or 

F = O2 + O3 + O4 + O9 

EN 

178 

   EN 

 
 
 
 
 
 
 
 
 
  ⌦ F ⌫  This  quantity  can  (cid:214) shall   be  determined  ⌦ either ⌫  by  direct 
measurement  of  the  quantities.  ⌦ or  by ⌫  Alternatively,  an  equivalent 
⌦ method  or ⌫  calculation  can  be  made  by  other  means,  for  instance  by 
using the capture efficiency of the process. 

The  fugitive  emission  ⌦ limit ⌫  value  is  expressed  as  a  proportion  of  the 
input, which (cid:214) shall  can be calculated according to the following equation: 

I = I1 + I2 

(iib)  Frequency 

Determination  of  fugitive  emissions  (cid:214) shall   can  be  done  by  a  short  but 
comprehensive  set  of  measurements.  It  need  ⌦ and  needs ⌫  not  be  done 
again until the equipment is modified.  

EN 

179 

   EN 

 
 
 
 
(cid:208) 1999/13/EC Art. 9 (adapted) 

Part 8 

⌦ Assessment of ⌫ cCompliance with emission limit values ⌦ in waste gases ⌫ 

13. In the case of continuous measurements the emission limit values shall be considered to 
be complied with if: 

(a) 

(b) 

none  of  ⌦  the  arithmetic ⌫  the  averages  ⌦ of  all  valid  readings  taken  during 
any 24-hour period of operation of an installation or activity except start-up and shut-
down  operations  and  maintenance  of  equipment  ⌫  over  24  hours  of  normal 
operation exceeds the emission limit values, and  

none of the hourly averages exceeds the emission limit values by more than a factor 
of 1,5. 

24. In the case of periodic measurements the emission limit values shall be considered to be 
complied with if, in one monitoring exercise: 

(a) 

(b) 

the  average  of  all  the  ⌦ measurement  values ⌫  readings  does  not  exceed  the 
emission limit values, and 

none of the hourly averages exceeds the emission limit value by more than a factor of 
1,5. 

35. Compliance with the provisions of Part 4 Article 5(7) and (8) shall be verified on the basis 
of  the  sum  of  the  mass  concentrations  of  the  individual  volatile  organic  compounds 
concerned. For all other cases, compliance shall be verified on the basis of the total mass of 
organic carbon emitted unless otherwise specified in Part 2 Annex IIA. 

4.1.  Gas  volumes  may  be  added  to  the  waste  gas  for  cooling  or  dilution  purposes  where 
technically justified but shall not be considered when determining the mass concentration of 
the pollutant in the waste gas. 

EN 

180 

   EN 

 
 
(cid:208) 92/112/EEC (adapted) 
(cid:214) new 

ANNEX VIII 

⌦ Technical provisions relating to installations producing titanium dioxide ⌫ 

⌦ Emission limit values for emissions into water ⌫ 

Part 1 

Article 6 

Member  States  shall  take  the  necessary  measures  to  ensure  that  discharges  of  waste  are 
reduced in accordance with the following provisions: 

1.(a) from existing industrial establishments ⌦ In case of installations ⌫ using the sulphate 
process ⌦ (as a yearly average) ⌫ : 

- weak acid waste and neutralized waste shall be reduced by 31 December 1993 in all waters 
to a value of not more than (cid:214) 550  800 kg of total sulphate per tonne of titanium dioxide 
produced (i. e. corresponding to the SO4 ions contained in the free sulphuric acid and in the 
metallic sulphates); 

2.(b)  from  existing  industrial  establishments  ⌦ In  case  of  installations ⌫  using  the 
⌦ chloride ⌫ chlorine process ⌦ (as a yearly average) ⌫: 

- weak acid waste, treatment waste and neutralized waste shall be reduced by 15 June 1993 in 
all waters to the following values of total chloride per tonne of titanium dioxide produced (i. 
e.  corresponding  to  the  C1  ions  contained  in  the  free  hydrochloric  acid  and  in  the  metallic 
chlorides): 

(a)- 

(b)- 

(c)- 

130 kg ⌦ chloride per tonne of titanium dioxide produced ⌫ using neutral rutile, 

228 kg ⌦ chloride per tonne of titanium dioxide produced ⌫ using synthetic rutile, 

450 (cid:214) 330  kg ⌦ chloride per tonne of titanium dioxide produced ⌫ using slag. 

3.  In  the  case  of  an  establishment  ⌦ For  installations  using  the  chloride  process  and ⌫ 
using  more  than  one  type  or  ore,  the  ⌦ emission  limit ⌫  values  ⌦ in  point  2 ⌫  shall 
apply in proportion to the quantity of these ⌦ the ⌫ ores used. 

EN 

181 

   EN 

 
 
(cid:208) 78/176/EEC (adapted) 

Part 2 ANNEX II 

⌦ Acute toxicity tests ⌫ Surveillance and monitoring of disposal  

A. Monitoring of waste  

Disposal  operations  shall  be  accompanied  by:  1.  checks  on  the  quantity,  composition  and 
toxicity of the waste to ensure that the conditions for prior authorization referred to in Articles 
4, 5 and 6 are fulfilled;  

12.  Tests  for  acute  toxicity  ⌦ shall  be  carried  out  ⌫  on  certain  species  of  molluscs, 
crustaceans, fish and plankton, preferably species commonly found in the discharge areas. In 
addition,  tests  shall  be  ⌦ done ⌫  carried  out  on  samples  of  the  brine  shrimp  species 
(Artemia salina).  

⌦ 2. Maximum mortality revealed by the tests in point 1, ⌫ oOver a period of 36 hours and 
at an effluent dilution of 1/5 000: , these tests must not reveal:  

- more than 20 % mortality (a) for adult forms of the species tested ⌦ : 20% mortality ⌫ ,  

-(b) 

and  for  larval  forms  ⌦ of  the  species  tested: ⌫  ,  mortality  exceeding  that  of  a 
control group.  

B. Surveillance and monitoring of the environment concerned  

I.  In  The  case  of  discharge  into  fresh  water  or  into  the  sea  or  in  the  case  of  dumping,  such 
checks shall relate to the three following items : water column, living matter and sediments. 
Periodic  checks  on  the  state  of  the  area  affected  by  the  discharges  will  make  it  possible  to 
follow the development of the environments concerned.  

Monitoring shall include the determination of: 1. pH;  

2. dissolved oxygen;  

3. turbidity;  

4. hydrated iron oxides and hydroxides in suspension;  

5. toxic metals in water, suspended solids, sediments and in accumulation in selected benthic 
and pelagic organisms;  

6. the diversity and the relative and absolute abundance of flora and fauna.  

II. In the case of storage, tipping or injection the monitoring shall include: 1. tests to ensure 
that  surface  waters  and  ground  waters  are  not  contaminated.  These  tests  shall  include  the 
measurement of: - acidity,  

- iron content (soluble and particulate),  

- calcium content,  

- toxic metal content (soluble and particulate) if any;  

2. where necessary, tests to determine any adverse effects on the structure of the subsoils;  

3.  a  general  assessment  of  the  ecology  of  the  area  in  the  vicinity  of  the  tipping,  storage  or 
injection point.  

EN 

182 

   EN 

 
 
(cid:208) 1999/13/EC Art. 2 (adapted) 

Part 3 

⌦ Emission limit values to air ⌫ 

131. ⌦ The  emission  limit  values which  are  expressed  as  concentrations  in  mass  per  cubic 
meter (Nm3) shall be calculated at ⌫ standard conditions shall mean a temperature of 273,15 
K,  and  a  pressure  of  101,3  kPa ⌦ and  after  correction  for  the  water  vapour  content  of  the 
waste gases. ⌫ 

(cid:208) 92/112/EEC (adapted) 
(cid:214) new 

Article 9 

1.  Member  States  shall  take  the  necessary  measures  to  ensure  that  discharges  into  the 
atmosphere are reduced in accordance with the following provisions: 

(a) in the case of existing industrial establishments using the sulphate process: 

2.(i) as regards ⌦ For ⌫ dust:, discharges shall be reduced by 31 December 1993 to a value 
of not more than 50 mg/Nnm3 (cid:214) as an hourly average  (2) from major sources and not more 
than 150 mg/nm3 (2) from any other source (3); 

3.(ii)  as  regards  SOx  ⌦ For ⌫  (cid:214) gaseous  sulphur  dioxide  and  trioxide,  including  acid 
droplets   ⌦ calculated  as  SO2  equivalent ⌫  ,  discharges  arising  from  digestion  and 
calcination steps in the manufacture of titanium dioxide shall be reduced by 1 January 1995 to 
a value of not more than  

(a) 

(iii) 

10  (cid:214) 6   kg  of  SO2  equivalent  per  tonne  of  titanium  dioxide  produced  (cid:214) as  a 
yearly average  ; 

Member States shall require means to be installed for preventing the emission of acid 
droplets; 

(b)(iv) plants for the concentration of waste acid shall not discharge more than 500 mg/Nnm3 
(cid:214) as an hourly average  ⌦ forplants for the concentration of waste acid ⌫ SOx 
calculated as SO2 equivalent (1) ; 

(v) plants for the roasting of salts generated by the treatment of waste shall be equipped with 
the best available technology not entailing excessive costs in order to reduce SOx emissions; 

4.(b) ⌦ For chlorine ⌫ in the case of ⌦ installations ⌫ existing industrial establishments 
using the ⌦ chloride ⌫ chlorine process: 

(i) as regards dust, discharges shall be reduced by 15 June 1993 to a value of not more than 50 
mg/nm3 (2) for major sources and not more than 150 mg/nm3 (2) from any other source (3); 

(ii) as regards chlorine, discharges shall be reduced by 15 June 1993 to  
(a)  ⌦ 5  mg/Nm3 as ⌫  a  daily  average  concentration  of  not  more  than  5  mg/nm3  (4) 

and 
not more than 40 ⌦ mg/Nm3 ⌫ mg/ng3 at any time. 

(b) 

2. This Directive shall not prejudice Directive 80/779/EEC. 

EN 

183 

   EN 

 
 
 
3. The procedure for monitoring the reference measurements for discharges of SOx into the 
atmosphere is set out in the Annex. 

EN 

184 

   EN 

 
(cid:208) 82/883/EEC (adapted) 

Part 4 ANNEX II 

⌦ Monitoring of the environment affected by discharges of waste from installations 
producing titanium dioxide into water ⌫ 

METHOD OF WASTE DISPOSAL: DISCHARGE INTO OR IMMERSION IN SALT 
WATER 

(estuarine, coastal, open sea) 

Components 

Parameters to be determined 

mandatorily 

optionally 

Reference method of 
measurement 

Minimum 
annual 
sampling 
and 
analysis 
frequency 

Water column 

Temperature 

Non-filtered 
sea water85 

(°C) 

Salinity 

(‰) 

pH 

(pH unit) 

Dissolved O2 

(mg/O2 
dissolved/l) 

Turbidity 

(mg solids/l) 

or 

suspended matter 

(mg/l) 

3 

3 

3 

3 

3 

Thermometry. 
Measurement is to be 
carried out on the spot at 
the time of sampling 

Conductimetry 

Electrometry. 
Measurement is to be 
carried out on the spot at 
the time of sampling 

– 

– 

Winkler 
method 

Electrochemica
l method 

For turbidity: 
turbidimetry 

For suspended matter: 
gravimetry 

– 

Weighing  after 
filtration 
through 
pore 
0·45 µm 
size  membrane 
and 
filter 

85 

Member  States  may  choose  whether  to  analyse  non-filtered  or  filtered  water  for  substances  under 
«Parameters». 

EN 

185 

   EN 

 
 
 
 
 
 
 
                                                 
– 

drying 
105 °C 

at 

Weighing  after 
centrifugation 
(minimum  time 
five  minutes, 
average 
acceleration 
2 800 
3 200 g) 
drying 
105° C 

to 
and 
at 

After the sample has 
been appropriately 
prepared, determination 
by atomic absorption 
spectrophotometry or by 
molecular absorption 
spectrophotometry 

– 

– 

Atomic 
absorption 
spectrophotome
try 

Molecular 
absorption 
spectrophotome
try 

Atomic absorption 
spectrophotometry 

– 

Atomic 
absorption 
spectrophotome
try 

– 

Polarography 

Determination by 
atomic absorption 
spectrophotometry or by 
molecular absorption 
spectrophotometry 

Fe (dissolved and 
in suspension) 

(mg/l) 

3 

Cr, total Cd, 
total Hg 

3 

(mg/l) 

V, Mn, Ni, 
Zn 

(mg/l) 

Cu, Pb 

(mg/l) 

3 

3 

3 

Ti 

(mg/l) 

Dissolved Fe 

(mg/l) 

Sea water 
filtered through 
0·45 µm pore 
size membrane 
filter86 

86 

Member  States  may  choose  whether  to  analyse  non-filtered  or  filtered  water  for  substances  under 
«Parameters». 

EN 

186 

   EN 

 
 
 
 
 
                                                 
Cr, Cd, Hg 

3 

(mg/l) 

Ti, V, Mn, 
Ni, Zn 

(mg/l) 

Cu, Pb 

(mg/l) 

3 

3 

Total Fe 

(mg/l) 

Cr, Cd, Hg 

3 

(mg/l) 

Suspended 
solids 
remaining in 
0·45 µm pore 
size membrane 
filter 

Ti, V, Mn, 
Ni, Zn 

(mg/l) 

Cu, Pb 

(mg/l) 

3 

3 

3 

Hydrated oxides 
and hydroxides of 
iron 

(mg Fe/l) 

– 

– 

Atomic 
absorption 
spectrophotome
try 

Molecular 
absorption 
spectrophotome
try 

Atomic absorption 
spectrophotometry 

– 

– 

– 

– 

Atomic 
absorption 
spectrophotome
try 

Polarography 

Atomic 
absorption 
spectrophotome
try 

Molecular 
absorption 
spectrophotome
try 

Atomic absorption 
spectrophotometry 

– 

Atomic 
absorption 
spectrophotome
try 

– 

Polarography 

Extraction of the sample 
under appropriate acid 
conditions; 
measurement by atomic 
absorption 
spectrophotometry or by 
molecular absorption 
spectrophotometry. 

The same method of 

EN 

187 

   EN 

 
 
 
 
 
 
 
1 

1 

1 

Sediments 

Total Ti, Fe 

(mg/kg dry matter)

In the top layer 
of sediment as 
near the surface 
as possible 

V, Cr, Mn, 
Ni, Cu, Zn, 
Cd, Hg, Pb 

(mg/kg dry 
matter) 

Hydrated oxides 
and hydroxides of 
iron 

(mg Fe/kg) 

Living 
organisms 

Ti, Cr, Fe, Ni, Zn, 
Pb 

V, Mn, Cu, 
Cd, Hg 

(mg/kg wet and 
dry weight) 

(mg/kg wet 
and dry 
weight) 

Species 
representative 
of the site: 

benthic fish and 
invertebrates or 
other 
appropriate 
species87 

acid extraction must be 
used for all samples 
coming from the same 
site 

Identical methods to 
those for measurements 
in the water column. 

After appropriate 
preparation of the 
sample (wet or dry 
mineralization and 
purification). The 
quantities of metals 
must be measured for a 
specific range of particle 
sizes 

Identical methods to 
those for measurements 
in the water column 

Atomic 
absorption 
spectrophotometry  after 
appropriate  preparation 
of the composite sample 
of  ground  flesh  (wet  or 
dry  mineralization  and 
purification) 

– 

– 

For 
the 
fish, 
metals  must  be 
in 
measured 
muscle or other 
appropriate 
tissue; 
the 
sample  must 
consist  of  at 
least 
10 
specimens 

For  molluscs 
and 
crustaceans, the 
metals  must  be 

87 

Species  representative  of  the  site  of  discharge  in  particular  in  terms  of  their  sensitivity  to 
bioaccumulation,  e.g.  Mytilus  edulis,  crangon  crangon,  flounder,  plaice,  cod,  mackerel,  red  mullet, 
herring, sole (or other appropriate benthic species). 

EN 

188 

   EN 

 
 
                                                 
Benthic fauna 

Diversity and 
relative abundance 

1 

Planktonic 
fauna 

Flora 

1 

Diversity 
and relative 
abundance 

1 

Diversity 
and relative 
abundance 

Fish in 
particular 

Presence of 
morbid anatomical 
lesions in fish 

1 

measured in the 
The 
flesh. 
sample  must 
consist  of  at 
50 
least 
specimens 

Qualitative and 
quantitative 
classification of 
representative species, 
indicating the specimen 
count per species, 
density, dominance 

Qualitative and 
quantitative 
classification of 
representative species, 
indicating the specimen 
count per species, 
density, dominance 

Qualitative and 
quantitative 
classification of 
representative species, 
indicating the specimen 
count per species, 
density, dominance 

Visual inspection of 
samples of the 
representative species 
taken for chemical 
analysis 

EN 

189 

   EN 

 
 
 
 
 
 
METHOD OF WASTE DISPOSAL: DISCHARGE INTO FRESH SURFACE WATER 

ANNEX III 

Components 

Parameters to be determined 

mandatorily 

optionally 

Reference method of 
measurement 

Minimum 
annual 
sampling 
and 
analysis 
frequency 

Water column88 

Temperature 

Non-filtered 
fresh water 

(°C) 

Conductivity at 
20 °C 
(µS cm−1) 

pH 

(pH unit) 

Dissolved O2 

(dissolved mg 
O2/l) 

Turbidity 

(mg solids/l or 
suspended matter 

(mg/l) 

3 

3 

3 

3 

3 

Thermometry. 
Measurement is to be 
carried out on the spot at 
the time of sampling 

Electrometric 
measurement 

Electrometry. 
Measurement is to be 
carried out on the spot at 
the time of sampling 

– 

– 

Winkler 
method 

Electrochemica
l method 

For turbidity: 
turbidimetry 

For suspended matter: 
gravimetry 

– 

– 

Weighing  after 
filtration 
through 
0·45 µm 
membrane 
filter 
drying 
105 °C 

and 
at 

Weighing  after 
centrifugation 
(minimum  time 

88 

Samples  must  be  taken  at  the  same  time  of  the  year  and  if  possible  at  a  depth  of  50 cm  below  the 
surface. 

EN 

190 

   EN 

 
 
 
 
 
 
                                                 
Non-filtered 
fresh water89 

Fe (dissolved and 
in suspension) 

3 

(mg/l) 

Cr, total Cd, 
total Hg 

3 

(mg/l) 

V, Mn, Ni, 
Zn 

(mg/l) 

Cu, Pb 

(mg/l) 

3 

3 

3 

Ti 

(mg/l) 

dissolved Fe 

(mg/l) 

Fresh water 
filtered through 
0·45 µm pore 
size membrane 
filter90 

five  minutes, 
average 
and 
acceleration 
2 800 
3 200 g) 
drying 
105 °C 

to 
and 
at 

After the sample has 
been 
appropriatelyprepared, 
determination by atomic 
absorption 
spectrophotometry or by 
molecular absorption 
spectrophotometry 

– 

– 

Atomic 
absorption 
spectrophotome
try 

Molecular 
absorption 
spectrophotome
try 

Atomic absorption 
spectrophotometry 

– 

Atomic 
absorption 
spectrophotome
try 

– 

Polarography 

Measurement by atomic 
absorption 
spectrophotometry or by 
molecular absorption 
spectrophotometry 

Cr, Cd, Hg 

3 

– 

Atomic 
absorption 

89 

90 

Member  States  may  choose  whether  to  analyse  non-filtered  or  filtered  water  for  substances  under 
«Parameters». 
Member  States  may  choose  whether  to  analyse  non-filtered  or  filtered  water  for  substances  under 
«Parameters». 

EN 

191 

   EN 

 
 
 
 
 
 
                                                 
(mg/l) 

– 

Molecular 
absorption 
spectrophotome
try 

Ti, V, Mn, 
Ni, Sn 

(mg/l) 

Cu, Pb 

(mg/l) 

3 

3 

Fe 

(mg/l) 

Cr, Cd, Hg 

3 

(mg/l) 

Suspended 
solids 
remaining in 
0·45 µm pore 
size membrane 
filter 

Ti, V, Mn, 
Ni, Zn 

(mg/l) 

Cu, Pb 

(mg/l) 

3 

3 

3 

Hydrated oxides 
and hydroxides of 
iron 

(mg Fe/l) 

Atomic absorption 
spectrophotometry 

– 

– 

– 

– 

Atomic 
absorption 
spectrophotome
try 

Polarography 

Atomic 
absorption 
spectrophotome
try 

Molecular 
absorption 
spectrophotome
try 

Atomic absorption 
spectrophotometry 

– 

Atomic 
absorption 
spectrophotome
try 

– 

Polarography 

Extraction of the sample 
under appropriate acid 
conditions, 
measurement by atomic 
absorption 
spectrophotometry or by 
molecular absorption 
spectrophotometry. 

The same method of 
acid extraction must be 
used for all samples 
coming from the same 
site 

EN 

192 

   EN 

 
 
 
 
 
 
Sediments 

Ti, Fe 

(mg/kg dry matter)

In the top layer 
of sediment, as 
near the surface 
as possible 

V, Cr, Mn, 
Ni, Cu, Zn, 
Cd, Hg, Pb 

(mg/kg dry 
matter) 

Hydrated oxides 
and hydroxides of 
iron 

(mg Fe/kg) 

Living 
organisms 

Ti, Cr, Fe, Ni, Zn, 
Pb 

V, Mn, Cu, 
Cd, Hg 

Species 
representative 
of the site 

(mg/kg wet and 
dry weight) 

(mg/kg wet 
and dry 
weight) 

1 

1 

1 

Identical methods to 
those for measurements 
in the water column. 

After appropriate 
preparation of the 
sample (wet or dry 
mineralization and 
purification). The 
quantities of metals 
must be measured for a 
specific range of particle 
sizes 

Identical methods to 
those for measurements 
in the water column 

absorption 
Atomic 
spectrophotometry  after 
appropriate  preparation 
of the composite sample 
of  ground  flesh  (wet  or 
dry  mineralization  and 
purification) 

– 

– 

the 
fish, 
For 
metals  must  be 
measured 
in 
muscle or other 
appropriate 
tissue; 
the 
sample  must 
consist  of  at 
least 
10 
specimens 

For  molluscs 
and 
crustaceans, the 
metals  must  be 
measured in the 
flesh. 
The 
sample  must 
consist  of  at 
least 
50 
specimens 

Benthic fauna 

Diversity and 
relative abundance 

1 

Qualitative and 
quantitative 

EN 

193 

   EN 

 
 
 
Planktonic 
fauna 

Flora 

Fish in 
particular 

classification of 
representative species, 
indicating the specimen 
count per species, 
density, dominance 

Qualitative and 
quantitative 
classification of 
representative species, 
indicating the specimen 
count per species, 
density, dominance 

Qualitative and 
quantitative 
classification of 
representative species, 
indicating the specimen 
count per species, 
density, dominance 

Visual inspection of 
samples of the 
representative species 
taken for chemical 
analysis 

1 

Diversity 
and relative 
abundance 

1 

Diversity 
and relative 
abundance 

1 

Presence of 
morbid 
anatomical 
lesions in 
fish 

⌦ 1.  The  water  column  shall  be  monitored  at  least  three  times  per  year,  either  through 
monitoring non-filtered or filtered water, by determining the following parameters: ⌫ 

⌦ (a) 

in  case  of  monitoring  non-filtered  water:  temperature,  salinity  or  conductivity  at 
20°C,  pH,  dissolved  O2,  turbidity  or  suspended  matter,  Fe  dissolved  and  in 
suspension, Ti; ⌫ 

⌦ (b) 

in case of monitoring filtered water: ⌫ 

⌦ (i)  in the  water filtered through a 0,45 μm  pore  size membrane filter: dissolved 

Fe; ⌫ 

⌦ (ii) in the suspended solids remaining in the 0,45 µm pore size membrane filter: 

Fe, hydrated oxides and hydroxides of iron. ⌫ 

⌦ 2. Sediments shall be monitored at least once per year by taking samples in the top layer 
of the sediment as near to the surface as possible and by determining the following parameters 
in these samples: Ti, Fe, hydrated oxides and hydroxides of iron. ⌫ 

⌦ 3.  Living  organisms  shall  be  monitored  at  least  once  per  year  by  determining  the 
concentration of the following substances in species representative of the site: Ti, Cr, Fe, Ni, 
Zn, Pb, and by determining the diversity and relative abundance of the benthic fauna, and the 
presence of morbid and anatomical lesions in fish. ⌫ 

EN 

194 

   EN 

 
 
 
 
 
⌦ 4. In the course of successive sampling operations, the samples shall be taken at the same 
location and depth and under the same conditions. ⌫ 

EN 

195 

   EN 

 
(cid:216) new 

Part 5 

Emission monitoring 

The monitoring of emissions to air shall include at least continuous monitoring of: 

(a)  SO2  from  plants  for  the  concentration  of  waste  acid  in  installations  using  the  sulphate 
process  

(b) chlorine from installations using the chloride process 

(c) dust from major sources.

EN 

196 

   EN 

 
 
(cid:208) 82/883/EEC 

ANNEX I 

METHOD OF WASTE DISPOSAL: DISCHARGE INTO AIR 

Components 

Parameters to be determined

mandatorily 

optionally 

Minimum 
annual sampling 
and analysis 
frequency 

Comments 

Air 

Sulphur 
dioxide 
(SO2)91 
Chlorine92 

Dust 

Continuously 

1293 

1. Region with surveillance 
by an existing air pollution 
surveillance  network  with 
at least one station near the 
giving 
production 
representative  readings  for 
pollution  emanating  from 
the site 

site 

2.  Region  with 
surveillance network. 

no 

of 

total 
Measurement 
amounts 
gaseous 
of 
discharges  emitted  by  the 
production  site.  Where  a 
site  has  a  number  of 
discharge 
sources, 
sequential  measurements 
may be made. 

III 

The  reference  method  of 
measurement  for  sulphur 
dioxide  is  that  given  in 
to  Council 
Annex 
Directive  80/779/EEC  of 
15 July 1980 on air quality 
limit  values  and  guide 
values  for  sulphur  dioxide 
and  suspended  particulates 
(OJ No L 229, 30. 8. 1980, 
p. 30) 

91 
92 

93 

If the production process used is the sulphate process. 
To be used once measuring technology allows continuous measurements to be carried out and where the 
chlorine process is used. 
The figures must be sufficiently representative and significant. 

EN 

197 

   EN 

 
 
 
 
 
                                                 
METHOD OF WASTE DISPOSAL: STORAGE AND DUMPING ON LAND 

ANNEX IV 

Components 

Parameters to be determined 

mandatorily 

optionally 

Minimum 
annual 
sampling 
and 
analysis 
frequency 

Reference method of analysis

1.  Unfiltered 
surface 
wateraround 
the  site  in  the 
area affected by 
the  storage  and 
point 
at 
a 
outside 
this 
area949596 

2.  Unfiltered 
groundwateraro
site 
the 
und 
including, 
where 
necessary, 
outflow 
points9798 

pH 

(pH unit) 

99 

SO4

(mg/l) 

Ti100 

(mg/l) 

Fe101 

(mg/l) 

Ca 

(mg/l) 

1 

1 

1 

1 

1 

V, Mn, Ni, 
Zn 

(mg/l) 

Cr 

(mg/l) 

Electrometry. Measurement 
is to be carried out at the 
time of sampling 

– 

– 

– 

1. Gravimetry 

2.  Complexometric 
titration with EDTA 

Molecular 

3. 
absorption 
spectrophotometry 

Atomic absorption 
spectrophotometry 

– 

– 

– 

– 

Atomic 

4. 
absorption 
spectrophotometry 

Molecular 

5. 
absorption 
spectrophotometry 

Atomic 

6. 
absorption 
spectrophotometry 

7.  Complexometric 
titration 

94 
95 

96 
97 
98 

99 
100 
101 

Sampling must be carried out at the same time of year. 
When monitoring surface water and groundwater, particular attention is to be paid to any matter carried 
by running water from the waste storage area. 
Sampling must be carried out 50 cm beneath the surface of the water, if possible. 
Sampling must be carried out at the same time of year. 
When monitoring surface water and groundwater, particular attention is to be paid to any matter carried 
by running water from the waste storage area. 
Mandatory determination where storage or dumping contains waste from the sulphate process. 
Mandatory determination where storage or dumping contains waste from the chlorine process. 
Also includes the measurement of Fe in the filtrate (suspended solids). 

EN 

198 

   EN 

 
 
 
 
                                                 
1 

1 

1 

– 

– 

Atomic 

8. 
absorption 
spectrophotometry 

9. Polarography 

Titrimetry (Mohr method) 

Methods to be chosen by 
Member States 

Environment of 
the storage and 
dumping site 

Cu, Pb 

(mg/l) 

Cl102 

(mg/l) 

Visual 
inspection of: 

– 

– 

– 

– 

topog
raphy 
and 
site 
mana
geme
nt 

effect 
on 
subso
il 

ecolo
gy  of 
the 
site 

102 

Mandatory determination where storage or dumping contains waste from the chlorine process. 

EN 

199 

   EN 

 
 
 
 
                                                 
METHOD OF WASTE DISPOSAL: INJECTION INTO SOIL 

ANNEX V 

Components 

Parameters to be determined 

mandatorily 

optionally 

Minimum 
annual sampling 
frequency and 
analysis 

Reference method of 
analysis 

1. Unfiltered 
surface water 
around the 
site in the 
zone affected 
by the 
injection 

2. Unfiltered 
groundwater 
around the 
site including 
out-flow 
points 

pH 

(pH unit) 

SO4

103 

(mg/l) 

Ti104 

(mg/l) 

Fe105 

(mg/l) 

Ca 

(mg/l) 

Cl106 

(mg/l) 

Environment  Ground 

1 

1 

1 

1 

1 

1 

1 

1 

V, Mn, Ni, 
Zn 

(mg/l) 

Cr 

(mg/l) 

Cu, Pb 

(mg/l) 

Electrometry. Measurement 
is to be carried out at the 
time of sampling 

– 

Gravimetry 

Complexometric 

– 
titration with EDTA 

Molecular 

– 
absorption 
spectrophotometry 

Atomic absorption 
spectrophotometry 

Atomic absorption 

– 
spectrophotometry 

Molecular 

– 
absorption 
spectrophotometry 

Atomic absorption 

– 
spectrophotometry 

Complexometric 

– 
titration 

Atomic absorption 

– 
spectrophotometry 

– 

Polarography 

Titrimetry (Mohr method) 

Photographic and 

103 
104 
105 
106 

Mandatory determination where waste from the sulphate process is injected into soil. 
Mandatory determination where waste from the chlorine process is injected into soil. 
Also includes the measurement of Fe in the filtrate (suspended solids). 
Mandatory determination where waste from the chlorine process is injected into soil. 

EN 

200 

   EN 

 
 
 
 
 
 
 
                                                 
Topography 

stability 

Permeability 

Porosity 

1 

topographic survey 

Pumping tests 

Well-logging 

EN 

201 

   EN 

 
 
 
(cid:208) 78/176/EEC 

ANNEX I 

PARTICULARS WHICH MUST BE SUPPLIED IN ORDER TO OBTAIN THE 
PRIOR AUTHORIZATION REFERRED TO IN ARTICLES 4, 5 AND 6 

A. CHARACTERISTICS AND COMPOSITION OF THE MATTER: 

1. total amount and average compositions of matter dumped (e.g. per year); 

2. form (e.g. solid, sludge, liquid or gaseous); 

3.  properties:  physical  (e.g.  solubility  and  density),  chemical  and  biochemical  (e.g.  oxygen 
demand) and biological; 

4. toxicity; 

5. persistence: physical, chemical and biological; 

6. accumulation and biotransformation in biological materials or sediments; 

7.  susceptibility  to  physical,  chemical  and  biochemical  changes  and  interaction  in  the 
environment concerned with other organic and inorganic materials; 

8.  probability  of  production  of  taints  or  other  changes  reducing  marketability  of  resources 
(fish, shellfish, etc.). 

B. CHARACTERISTICS OF DUMPING OR DISCHARGE SITE AND METHODS OF DISPOSAL: 

1.  location  (e.g.  coordinates  of  the  dumping  or  discharge  area,  depth  and  distance  from  the 
coast),  location  in  relation  to  other  areas  (e.g.  amenity  areas,  spawning,  nursery  and  fishing 
areas and exploitable resources); 

2. rate of disposal per specific period (e.g. quantity per day, per week, per month); 

3. methods of packaging and containment, if any; 

4. initial dilution achieved by proposed method of release, particularly the speed of the ship; 

5. dispersal characteristics (e.g. effects of currents, tides, and wind on horizontal transport and 
vertical mixing); 

6.  water  characteristics  (e.g.  temperature,  pH,  salinity,  stratification,  oxygen  indices  of 
pollution — dissolved oxygen (DO),  chemical oxygen  demand  (COD),  biochemical  oxygen 
demand  (BOD),  nitrogen  present  in  organic  and  inorganic  form,  including  ammonia, 
suspended matter, other nutrients and productivity); 

7.  bottom  characteristics  (e.g.  topography,  geochemical  and  geological  characteristics  and 
biological productivity); 

8. existence and effects of other dumpings or discharges which have been made in the area 
concerned (e.g. heavy metal background reading and organic carbon content). 

C.  CHARACTERISTICS  OF  THE  TIPPING,  STORAGE  OR  INJECTION  AREA  AND  DISPOSAL 

METHODS: 

1. geographical siuation; 

EN 

202 

   EN 

 
 
2. characteristics of adjacent areas; 

3. methods of packaging and containment, if any; 

4. characteristics of the methods of tipping, storage and injection, including an assessment of 
precautions taken to avoid the pollution of waters, the soil and the atmosphere. 

EN 

203 

   EN 

 
SURVEILLANCE AND MONITORING OF DISPOSAL 

ANNEX II 

A. MONITORING OF WASTE 

Disposal operations shall be accompanied by: 

1. checks on the quantity, composition and toxicity of the waste to ensure that the conditions 
for prior authorization referred to in Articles 4, 5 and 6 are fulfilled; 

2.  tests  for  acute  toxicity  on  certain  species  of  molluscs,  crustaceans,  fish  and  plankton, 
preferably species commonly found in the discharge areas. In addition, tests shall be carried 
out on samples of the brine shrimp species (Artemia salina). 

Over a period of 36 hours and at an effluent dilution of 1/5 000, these tests must not reveal: 

– 

– 

more than 20 % mortality for adult forms of the species tested, 

and for larval forms, mortality exceeding that of a control group. 

B. SURVEILLANCE AND MONITORING OF THE ENVIRONMENT CONCERNED 

I.  In  The  case  of  discharge  into  fresh  water  or  into  the  sea  or  in  the  case  of  dumping,  such 
checks  shall  relate  to  the  three  following  items:  water  column,  living  matter  and  sediments. 
Periodic  checks  on  the  state  of  the  area  affected  by  the  discharges  will  make  it  possible  to 
follow the development of the environments concerned. 

Monitoring shall include the determination of: 

1. pH; 

2. dissolved oxygen; 

3. turbidity; 

4. hydrated iron oxides and hydroxides in suspension; 

5. toxic metals in water, suspended solids, sediments and in accumulation in selected benthic 
and pelagic organisms; 

6. the diversity and the relative and absolute abundance of flora and fauna. 

II. In the case of storage, tipping or injection the monitoring shall include: 

1. tests to ensure that surface waters and ground waters are not contaminated. These tests shall 
include the measurement of: 

– 

– 

– 

– 

acidity, 

iron content (soluble and particulate), 

calcium content, 

toxic metal content (soluble and particulate) if any; 

2. where necessary, tests to determine any adverse effects on the structure of the subsoils; 

3.  a  general  assessment  of  the  ecology  of  the  area  in  the  vicinity  of  the  tipping,  storage  or 
injection point. 

EN 

204 

   EN 

 
(cid:208) 92/112/EEC (adapted) 

ANNEX 

Procedure for monitoring the reference measurements for gaseous SOx emissions 

For the purposes of calculating the quantities of SO2 and SO3 and acid droplets expressed as 
SO2 equivalent, discharged by specific installations, account must be taken of the volume of 
gas  discharged  over  the  duration  of  the  specific  operations  in  question  and  of  the  average 
SO2/SO3 content measured over the same period. The SO2/SO3 flow rate and content must be 
determined under the same temperature and humidity conditions. 

EN 

205 

   EN 

 
 
(cid:215) 

ANNEX IX 

Part A 

Repealed Directives with their successive amendments 
(referred to in Article 72) 

Council Directive 78/176/EEC  

(OJ L 54, 25.2.1978, p. 19) 

Council Directive 83/29/EEC 

(OJ L 32, 3.2.1983, p. 28) 

Council Directive 91/692/EEC 

only Annex I point (b) 

(OJ L 377, 31.12.1991, p. 48) 

Council Directive 82/883/EEC  

(OJ L 378, 31.12.1982, p. 1) 

Council Regulation (EC) No 807/2003 

only Annex III, point 34 

(OJ L 122, 16.5.2003, p. 36) 

Council Directive 92/112/EEC  

(OJ L 409, 31.12.1992, p. 11). 

Council Directive 96/61/EC 
(OJ L 257, 10.10.1996, p. 26) 

Directive 2003/35/EC of the European 
Parliament and of the Council 
(OJ L 156, 25.6.2003, p. 17) 

Directive 2003/87/EC of the European 
Parliament and of the Council 
(OJ L 275, 25.10.2003, p. 32) 

Regulation (EC) N° 1882/2003 of the 
European Parliament and of the Council 
(OJ L 284, 31.10.2003, p. 1) 

Regulation (EC) N° 166/2006 of the 
European Parliament and of the Council 
(OJ L 33, 4.2.2006, p. 1) 

Council Directive 1999/13/EC  

(OJ L 85, 29.3.1999, p. 1) 

only Article 4 and Annex II 

only Article 26 

only Annex III, point 61 

only Article 21(2) 

EN 

206 

   EN 

 
 
 
 
 
 
 
 
only Annex I, point 17 

only Article 13(1) 

Regulation (EC) N° 1882/2003 of the 
European Parliament and of the Council 
(OJ L 284, 31.10.2003, p. 1) 

Directive 2004/42/CE of the European 
Parliament and of the Council 

(OJ L 143, 30.4.2004, p. 87) 

Directive 2000/76/EC of the European Parliament 
and of the Council  

(OJ L 332, 28.12.2000, p. 91) 

Directive 2001/80/EC of the European Parliament 
and of the Council  

(OJ L 309, 27.11.2001, p. 1) 

Council Directive 2006/105/ EC 

Only Annex, part B, point 2 

(OJ L 363, 20.12.2006, p. 368) 

Part B 

List of time-limits for transposition into national law (referred to in Article 72) 

Directive 

Time-limit for 
transposition 

Time-limit for application 

78/176/EC 

82/883/EC 

92/112/EC 

96/61/EC 

1999/13/EC 

2000/76/EC 

2001/80/EC 

2003/35/EC 

2003/87/EC 

25 February 1979 

31 December 1984 

15 June 1993 

30 October 1999 

1 April 2001 

28 December 2000 

28 December 2002 

28 December 2005 

27 November 2002 

27 November 2004 

25 June 2005 

31 December 2003 

_____________ 

EN 

207 

   EN 

 
 
 
 
 
 
 
 
 
 
 
Directive 
78/176/EEC 

Directive 
82/883/EEC 

Directive 
92/112/EEC 

Directive 96/61/EC 

Directive 
1999/13/EC 

Directive 
2000/76/EC 

Directive 
2001/80/EC 

This Directive 

ANNEX X 

Correlation table 

Article 1(1) 

Article 1 

Article 1 

Article 1 

Article 1 

Article 1, first 
paragraph 

Article 2(2) 

Article 1 

Article 3(2) 

Article 3(1) 

Article 3(23) 

Article 4 

Article 3, 
introductory wording 
and (1) 

Article 4(1) 

--- 

Article 62 

Article 12, points (4) 
and (5) 

Article 4(1), first 
subparagraph 

--- 

--- 

--- 

--- 

--- 

--- 

Article 5 

Article 1(2), point 
(a) 

Article 1(2), point 
(b) 

Article 1(2), points 
(c), (d) and (e) 

Article 2 

Article 3 

Article 4 

--- 

Article 5 

Article 6 

Article 7(1) 

Article 12, points (4) 
and (5) 

Article 12, points (4) 
and (5) 

Article 65(1) and 

EN 

EN 

208 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Article 7(2) and (3) 

--- 

--- 

--- 

--- 

--- 

--- 

--- 

Article 8(1) 

Article 8(2) 

Article 9 

Article 10 

Article 11 

Article 12 

Article 13(1) 

Article 13(2), (3) and 
(4) 

Article 14 

65(2), first 
subparagraph 

--- 

Article 65(2), second 
subparagraph 

Article 63(2) 

Article 28(1), second 
subparagraph 

--- 

--- 

Article 13 

--- 

Article 67 

--- 

--- 

Article 15 

Article 14 

Article 12 

Article 21 

Article 15 

Article 21 

Article 18(1) and (3) 

Article 71 

Article 16 

Article 15 

Article 13 

Article 23 

Article 17 

Article 23 

Article 20 

Article 75 

Annex I 

Annex IIA 
introductory wording 

EN 

209 

--- 

--- 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
and point 1 

Annex IIA point 2 

Annex IIB 

--- 

Article 2 

Article 3 

Article 4(1) and 4(2), 
first subparagraph 

Article 4(2), second 
subparagraph 

Article 4(3) and (4) 

--- 

Article 5 

Article 6 

Article 7 

Article 8 

Article 9 

Article 10 

Article 11(1) 

Annex VIII, Part 2 

--- 

--- 

--- 

Article 65(3) 

Annex VIII, Part 4 

--- 

--- 

--- 

--- 

--- 

Article 65(4) 

--- 

--- 

--- 

--- 

--- 

Article 69 

Article 69(1) 

Article 19(1) 

Article 13(1) 

Article 17(1) 

--- 

--- 

--- 

--- 

--- 

--- 

--- 

Article 69(2) 

EN 

210 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Article 11(2) and (3) 

Article 12 

Article 13 

Annex I 

Annex II 

Annex III 

Annex IV 

Annex V 

Article 2(1), 
introductory wording 

Article 2(1)(a), 
introductory wording 
and first indent 

Article 2(1)(a), 
second indent 

Article 2(1)(a), third 
indent and 2(1)(b), 
third indent 

Article 2(1)(a), 
fourth, fifth, sixth 
and seventh indent 

Article 2(1)(b), 
introductory wording 

EN 

211 

--- 

--- 

--- 

--- 

Annex VIII, Part 4  

Annex VIII, Part 4  

--- 

--- 

--- 

--- 

Article 62(2) 

Article 62(4) 

--- 

--- 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
and first, fourth, 
fifth, sixth and 
seventh indent 

Article 2(1)(b), 
second indent 

Article 2(1)(c) 

Article 2(2) 

Article 3 

Article 4 

Article 5 

Article 6, first 
paragraph, 
introductory wording 

Article 6, first 
paragraph, point (a) 

Article 6, first 
paragraph, point (b) 

Article 6, second 
paragraph 

Article 7 

Article 8 

Article 9(1) 
introductory wording 

EN 

212 

Article 62(3) 

--- 

--- 

Article 62 

Article 62 

--- 

Article 63(1) 

Annex VIII, Part 1, 
point (1) 

Annex VIII, Part 1, 
point (2) 

Annex VIII, Part 1, 
point (3) 

--- 

--- 

Article 64(2) 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Article 9(1)(a), 
introductory wording 

Article 9(1)(a)(i) 

Article 9(1)(a)(ii) 

Article 9(1)(a)(iii) 

Article 9(1)(a)(iv) 

Article 9(1)(a)(v) 

Article 9(1) b) 

Article 9(2) and (3) 

Article 10 

Article 11 

Annex 

Article 2, 
introductory wording 

Article 2(1) 

Article 2(14) 

EN 

213 

--- 

Annex VIII, Part 3, 
point (2) 

Annex VIII, Part 3, 
point (3), 
introductory 
wording, and point 
(3)(a) 

Article 64(1) 

Annex VIII, Part 3, 
point (3)(b) 

--- 

Annex VIII, Part 3, 
point (4) 

--- 

Article 65 

Article 12, points (4) 
and (5) 

--- 

Article 3, 
introductory wording 

Article 3(1) 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Article 2(3) 

Article 2(1) 

Article 2(4) 

Article 3(3) 

--- 

Article 2(5) 

Article 2(9) 

Article 3(8) 

Article 2(1) 

Article 3(4) 

Article 2(6) 

Article 2(13) 

Article 3(9) 

Article 2(3), first 
part 

Article 2(7) 

Article 2(8) 

Article 2(5) 

Article 2(7) 

Article 3(12) 

Article 2(9), first 
sentence 

Article 2(9), second 
sentence 

--- 

--- 

--- 

--- 

--- 

--- 

--- 

Article 2(10)(a) 

Article 2(10)(b), first 
subparagraph 

Article 2(10)(b), 
second subparagraph 

Article 2(11), first 
subparagraph and 
first, second and 
third indents 

Article 2(11), second 

214 

EN 

Article 3(5) 

Article 3(6) 

Article 66 

Article 3(7) 

Article 4(2), first 
subparagraph 

Article 4(2), second 
subparagraph 

--- 

Article 3(8) 

Article 21(3) 

Article 3(9) 

Articles 14(2) and 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
subparagraph 

15(4) 

Article 2(12) 

Article 2(6) 

Article 3(11) 

Article 2(5) 

Article 3(10) 

--- 

--- 

--- 

--- 

--- 

--- 

--- 

Article 2(13) 

Article 2(14) 

Article 3, first 
subparagraph, 
introductory wording 

Article 3, first 
subparagraph, point 
(a) 

Article 3 first 
subparagraph, point 
(b) 

Article 3 first 
subparagraph, point 
(c) 

Article 3 first 
subparagraph, point 
(d) 

Article 3 first 
subparagraph, point 
(e) 

Article 3 first 
subparagraph, point 

215 

EN 

Article 3(11) 

Article 3(12) 

Article 3(13), (14), 
(15), (16) and (17) 

Article 12, 
introductory wording 

Article 12(1) and (2) 

Article 12(3) 

Article 12(4) and (5) 

Article 12(6) 

Article 12(7) 

Article 12(8) 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
(f) 

Article 3, second 
subparagraph 

Article 5(1) 

--- 

Article 73(1) and (2) 

--- 

--- 

--- 

--- 

--- 

--- 

--- 

Article 73(3) and (4) 

Article 5(2) 

Article 6(1), 
introductory wording 

Article 6(1), first 
subparagraph, first 
indent 

Article 6(1), first 
subparagraph, 
second indent 

Article 6(1), first 
subparagraph, third 
indent 

Article 6(1), first 
subparagraph, fourth 
indent 

Article 71(1), second 
subparagraph 

Article 13(1), 
introductory wording 

Article 13(1) a) 

Article 13(1) b) 

Article 13(1) c) 

Article 13(1) d) 

--- 

--- 

--- 

--- 

--- 

--- 

--- 

Article 13(1) e) 

EN 

Article 6(1), first 
subparagraph, fifth 
indent 

216 

Article 13(1) f) 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Article 6(1), first 
subparagraph, sixth 
indent 

Article 6(1), first 
subparagraph, 
seventh indent 

Article 6(1), first 
subparagraph, eighth 
indent 

Article 6(1), first 
subparagraph, ninth 
indent 

Article 6(1), first 
subparagraph, tenth 
indent 

Article 6(1), second 
subparagraph 

Article 6(2) 

--- 

Article 7 

Article 8, first 
paragraph 

Article 8, second 
paragraph 

Article 9(1), first 

217 

Article 13(1) g) 

Article 13(1) h) 

Article 13(1) i) 

Article 13(1) j) 

Article 13(1) k) 

Article 13(1), second 
subparagraph 

Article 13(2) 

--- 

--- 

--- 

Article 14 

Article 4(3) 

Article 6(2) 

Article 6(1) 

--- 

Article 15(1), first 

EN 

--- 

--- 

--- 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
part of sentence 

Article 9(1), second 
part of sentence 

Article 9(2) 

Article 9(3), first 
subparagraph, first 
and second sentence 

Article 9(3), first 
subparagraph, third 
sentence 

--- 

--- 

--- 

--- 

--- 

--- 

--- 

Article 9(3), second 
subparagraph 

Article 9(3), third 
subparagraph 

Article 9(3), fourth 
subparagraph 

Article 9(3), fifth 
subparagraph 

Article 9(3), sixth 
subparagraph 

Article 9(4), first 

218 

EN 

subparagraph 

--- 

Article 6(3) 

Article 15(1), second 
subparagraph, 
introductory wording 
and points (a) and 
(b) 

Article 15(2) 

Article 15(3), (4) and 
(5) 

--- 

Article 10(1) 

Article 10(2) 

Article 10(3) 

Article 10(4) 

Article 16(2), first 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
part of first sentence 

Article 9(4), second 
part of first sentence 

Article 9(4), second 
sentence 

--- 

--- 

--- 

Article 9(5), first 
subparagraph 

--- 

Article 9(5), second 
subparagraph 

Article 9(6), first 
subparagraph 

Article 9(6), second 
subparagraph 

219 

--- 

--- 

--- 

--- 

--- 

--- 

--- 

--- 

--- 

--- 

--- 

--- 

EN 

--- 

--- 

--- 

--- 

--- 

--- 

--- 

--- 

--- 

--- 

--- 

--- 

subparagraph 

Article 16 (3), first 
subparagraph 

Article 15(1), second 
subparagraph, point 
(f) 

Article 16(2), second 
subparagraph 

Article 16 (3), 
second subparagraph 
and (4) and (5) 

Article 17 

Article 15(1), second 
subparagraph, point 
(c) 

Article 15(1), second 
subparagraph, point 
(d) 

--- 

Article 15(1), second 
subparagraph, point 
(e) 

--- 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
--- 

--- 

--- 

--- 

--- 

--- 

--- 

Article 9(7) 

Article 9(8) 

Article 10 

Article 11 

Article 12(1) 

Article 12(2), first 
sentence 

Article 12(2), second 
sentence 

Article 12(2), third 
sentence 

Article 13(1) 

--- 

Articles 7 and 18(1) 

Article 18(2), (3) and 
(4) 

Article 19 

Article 20 

Article 21(1) 

Article 21(2), first 
subparagraph 

Article 21(2), second 
subparagraph 

--- 

Article 22(1) 

--- 

--- 

--- 

--- 

--- 

--- 

--- 

Article 22(2) and (3) 

Article 13(2), 
introductory wording 

Article 13(2), first 
indent 

Article 13(2), second 
indent 

Article 13(2), third 

220 

Article 22(4), 
introductory wording 

Article 22(4)(a) 

Article 22(4)(b) 

Article 22(4)(c) 

EN 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
indent 

Article 13(2), fourth 
indent 

--- 

--- 

--- 

--- 

--- 

--- 

--- 

--- 

--- 

--- 

--- 

--- 

--- 

--- 

--- 

--- 

--- 

--- 

--- 

--- 

--- 

--- 

--- 

--- 

--- 

--- 

--- 

--- 

Article 14, 
introductory wording 

Article 14, first 
indent 

Article 14, second 
indent 

Article 14, third 
indent 

--- 

Article 22(4)(d) 

Article 23 

Article 24 

Article 25(1), first 
and second 
subparagraph 

Article 9(1), first 
part of sentence and 
Article 25(1), third 
subparagraph, 
introductory wording 

Article 9(1), second 
part of sentence 

Article 8, point (2) 
and Article 15(1), 
point (c) 

Article 25(1), third 
subparagraph 

--- 

--- 

--- 

--- 

--- 

--- 

--- 

Article 25(2) to (7) 

Article 15(1), 
introductory wording 
and first and second 

Article 12(1), first 
subparagraph 

EN 

221 

Article 26(1), first 
subparagraph and 
points (a) and (b) 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
--- 

--- 

--- 

--- 

--- 

--- 

indents 

Article 15(1), third 
indent 

--- 

Article 15(1), second 
subparagraph 

--- 

Article 15(2) 

Article 15(4) 

Article 15(5) 

--- 

--- 

--- 

--- 

Article 26(1), first 
subparagraph, point 
(c) 

--- 

Article 26(1)(d) 

Article 26(1), second 
subparagraph 

--- 

Article 26(2) 

--- 

--- 

--- 

--- 

--- 

--- 

--- 

Article 15a, first 
paragraph 

Article 15a, second 
paragraph 

Article 15a, third 
paragraph 

Article 15a, fourth 
and fifth paragraph 

222 

EN 

Article 26(3)(h) 

Article 26(4) 

Article 26(3), 
introductory wording 
and points (a) and 
(b) 

Article 26(3), points 
(c) to (g) 

Article 27(1) 

Article 27(2) 

Article 27(3) 

Article 27(4) 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Article 15a, sixth 
paragraph 

Article 16(1) 

Article 11(1), first 
sentence and 11(2) 

--- 

--- 

--- 

--- 

--- 

--- 

--- 

Article 16(2), first 
sentence 

Article 16(2), second 
sentence 

Article 16(3), first 
sentence 

Article 11(1), second 
sentence 

Article 16(3), second 
sentence 

Article 16(3), third 
sentence 

Article 11(3) 

Article 16(4) 

Article 27(5) 

Article 67(1), first 
subparagraph 

Article 67(1), second 
subparagraph 

Article 29, 
introductory wording 

--- 

Article 67(2) 

--- 

Article 67(3) 

--- 

Article 68 

Article 29, points (a) 
and (b) 

Article 30 

--- 

--- 

--- 

--- 

--- 

--- 

--- 

--- 

--- 

--- 

--- 

--- 

Article 17 

Article 18(1) 

223 

EN 

--- 

--- 

--- 

--- 

--- 

--- 

--- 

--- 

--- 

Article 11 

Article 28 

--- 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Article 18(2) 

Article 19(2) and (3) 

Article 20(1) and (2) 

Article 16(3), second 
subparagraph 

--- 

--- 

--- 

--- 

--- 

--- 

--- 

--- 

--- 

Article 2(1) 

Article 20(3) 

Article 18 

Article 17 

Article 72 

Article 22 

Article 16 

Article 22 

Article 19 

Article 74 

Annex I, first 
paragraph of 
introductory wording 

Annex I, second 
paragraph of 
introductory wording 

--- 

--- 

--- 

--- 

--- 

--- 

--- 

Annex I, point 1 

Annex I, points 2.1 – 
2.5(b) 

Article 2(2) 

Annex I, first 
subparagraph of 
introductory wording 

Annex I, second and 
third subparagraph 
of introductory 
wording 

Annex I, point 1 

Annex I, points 2.1 – 
2.5(b) 

--- 

--- 

--- 

--- 

--- 

--- 

--- 

Annex I, point 2.5(c) 

EN 

Annex I, point 2.6 

Annex I, point 3 

224 

Annex I, point 2.6 

Annex I, point 3 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
--- 

--- 

--- 

--- 

--- 

--- 

--- 

Annex I, point 4.7 

Annex I, points 4.1 – 
4.6 

Annex I, points 4.1 – 
4.6 

Annex I, point 5, 
introductory wording 

Annex I, points 5.1 – 
5.3(b) 

--- 

--- 

--- 

--- 

--- 

--- 

--- 

--- 

--- 

--- 

--- 

--- 

--- 

--- 

--- 

--- 

EN 

Annex I, point 5.4 

Annex I, points 
6.1(a) and (b) 

--- 

Annex I, points 6.2 – 
6.4(b) 

--- 

Annex I, points 
6.4(c) – 6.6(c) 

--- 

Annex I, points 6.7 - 
6.8 

225 

--- 

--- 

--- 

--- 

--- 

--- 

--- 

--- 

--- 

--- 

Annex I, points 5.1 – 
5.3(b) 

Annex I, points 5.3 
(c) to (e) 

Annex I, point 5.4 

Annex I, points 
6.1(a) and (b) 

Annex I, point 6.1 
(c) 

Annex I, points 6.2 – 
6.4(b)(ii) 

Annex I, point 6.4 
(b)(iii) 

Annex I, points 
6.4(c) – 6.6(c) 

Annex I, point 
6.6(c), final sentence 

Annex I, points 6.7 - 
6.8 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
--- 

--- 

--- 

--- 

--- 

--- 

--- 

Annex II 

Annex III 

Annex I, points 6.9 
and 6.10 

--- 

Annex II 

--- 

--- 

--- 

--- 

--- 

--- 

--- 

Annex II, point 13 

Annex IV, 
introductory wording 

Annex IV, points 1 
to 11 

Annex IV, point 12 

Annex V 1(a) 

Article 3(9) 

Annex III 

--- 

Annex IV 1(a) 

--- 

--- 

--- 

--- 

--- 

--- 

--- 

Annex IV, point 1(b) 

Annex V 1(b)-(g) 

Annex V, points 2 to 
5 

Article 2(2) 

Article 2(3) 

Article 2(4) 

Article 2(8) 

Article 2(10) 

EN 

226 

Annex IV, 1(c)-(h) 

Annex IV, points 2 
to 5 

Article 52(1) 

--- 

Article 58(1) 

Article 4(1), third 
subparagraph 

Article 52(3) 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Article 2(11) 

Article 2(12) 

Article 2(15) 

Article 2(16) 

Article 2(17) 

Article 2(18) 

Article 2(19) 

Article 2(20) 

Article 2(21) 

Article 2(22) 

Article 2(23) 

Article 2(24) 

Article 2(25) 

Article 2(26) 

Article 2(27) 

Article 2(28) 

Article 2(29) 

Article 2(30) 

Article 52(2) 

Article 52(4) 

Article 52(5) 

Article 3(31) 

Article 3(32) 

Article 3(33) 

--- 

Article 3(34) 

Article 52(6) 

Article 52(7) 

Article 52(8) 

Article 52(9) 

Article 52(10) 

Article 52(11) 

--- 

Article 58(1) 

--- 

Article 52(12) 

EN 

227 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Article 2(31) 

Article 2(32) 

Article 2(33) 

Article 3(2) 

Article 4(1) to (3) 

Article 4(4) 

Article 5(1) 

Article 5(2) 

Article 5(3)(a) 

Article 5(3)(b) 

Article 5(3), third 
subparagraph 

Article 5(4) 

Article 5(5) 

Article 5(6) 

Annex VII, Part 2, 
first sentence 

Annex VIII, Part 3, 
point 1 

--- 

Article 52(13) 

Article 4(1), second 
subparagraph 

Article 4(1), first and 
second subparagraph 

Article 58(2) 

Article 54(1), first 
subparagraph 

Article 54(1)(a) and 
(b) 

Article 54(2) 

Article 54(3) 

Article 54(4) 

--- 

Article 54(6) 

Article 53 

EN 

EN 

228 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Article 5(7) 

Article 5(8) first 
subparagraph 

Article 5(8) second 
subparagraph 

Article 5(9) 

Article 5(10) 

Article 5(11), (12) 
and (13) 

Article 6 

Article 7(1), 
introductory wording 
and first, second, 
third and fourth 
indent 

Article 7(1), second 
part 

Article 7(2) 

Article 8(1) 

Article 8(2) 

Annex VII, Part 4, 
point 1 

Annex VII, Part 4, 
point 2 

Article 54(5) 

--- 

Article 54(7) 

--- 

--- 

Article 59 

--- 

--- 

Article 8, 
introductory wording 
and point (1) 

Annex VII, Part 6, 
point 1 

EN 

EN 

229 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Article 8(3) 

Article 8(4) 

Article 8(5) 

Article 9(1), 
introductory wording 

Article 9(1), first 
subparagraph, first, 
second and third 
indent 

Article 9(1), second 
subparagraph 

Article 9(1), third 
subparagraph 

Article 9(2) 

Article 9(3) 

Article 9(4) 

Article 9(5) 

Article 10 

Article 4(9) 

Article 11(1), third 

Annex VII, Part 6, 
point 2 

Annex VII Part 6, 
point 3 

--- 

Article 57(1), 
introductory wording 

Article 57, first 
subparagraph, points 
(a), (b) and (c) 

Article 57, second 
subparagraph 

Annex VII, Part 8, 
point 4 

Article 58(3) 

Annex VII, Part 8, 
point 1 

Annex VII, Part 8, 
point 2 

Annex VII, Part 8, 
point 3 

Article 9(2) 

--- 

EN 

EN 

230 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
to sixth sentences 

Article 12(1), second 
subparagraph 

Article 12(1), third 
subparagraph 

Article 12(2) 

Article 12(3) 

Article 13(2) and (3) 

Article 60(1), first 
subparagraph 

Article 60(1), second 
subparagraph 

Article 60(2) 

Article 60(3) 

--- 

Article 14 

Article 19 

Article 16 

Article 70 

Annex I, first and 
second sentence of 
introductory wording 

Annex I, third 
sentence of 
introductory wording 
and list of activities 

Annex IIA, Part I 

Annex IIA, Part 2 

Annex IIA, Part II, 
last sentence of 
paragraph 6 

Annex IIB, point 1, 
first and second 
sentences 

Article 51 

Annex VII, Part 1 

Annex VII, Part 2 

Annex VII, Part 3 

--- 

Article 54(1)(b) 

EN 

EN 

231 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Annex IIB, point 1, 
third sentence 

Annex IIB, point 2 

Annex IIB, point 2, 
second subparagraph 
(i) and table 

Annex III, point 1 

Annex III, point 2 

Annex III, point 3 

Annex III, point 4 

Article 1, second 
paragraph 

Article 2(1) 

Article 2(2), 
introductory wording 

Article 2(2)(a), 
introductory wording 

Article 2(2)(a), 
points (i) to (v) 

Article 2(2)(a), point 

Article 54(1), second 
subparagraph 

Annex VII, Part 5 

--- 

--- 

Annex VII, Part 7, 
point 1 

Annex VII, Part 7, 
point 2 

Annex VII, Part 7, 
point 3 

--- 

Article 38(1), first 
subparagraph 

Article 38(2), 
introductory wording 

Article 38(2)(a), 
introductory wording 

Article 38(2)(a), 
point (i) 

Article 38(2)(a), 

EN 

EN 

232 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
(vi) 

Article 2(2)(a), point 
(vii) 

Article 2(2)(a), point 
(viii) 

Article 2(2)(b) 

Article 3(2), first 
subparagraph 

Article 3(2), second 
subparagraph 

Article 3(3) 

Article 3(4), first 
subparagraph 

Article 3(4), second 
subparagraph 

Article 3(5), first 
subparagraph 

Article 3(5), second 
subparagraph 

Article 3(5), third 
subparagraph 

Article 3(6) 

point (ii) 

Article 38(2)(a), 
point (iii) 

Article 38(2)(a), 
point (iv) 

Article 38(2)(b) 

Article 3(24) 

--- 

Article 3(25) 

Article 3(26) 

Article 38(1), second 
subparagraph 

Article 3(27) 

Article 38(1), third 
subparagraph 

Article 38(1), second 
subparagraph 

Annex VI, Part 1, 
point (a) 

EN 

EN 

233 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
--- 

--- 

--- 

--- 

--- 

--- 

--- 

Article 3(7) 

Article 3(10) 

Article 3(13) 

Article 4(2) 

Article 4(4), 
introductory wording 
and points (a) and 
(b) 

Article 4(4), point 
(c) 

Article 4(5) 

Article 4(6) 

Article 4(7) 

Article 4(8) 

Article 5 

Article 6(1), first 
subparagraph 

Article 6(1), second 
subparagraph and 
6(2) 

EN 

234 

Article 3(28) 

Annex VI, Part 1, 
point (b) 

Article 3(29) 

Article 3(30) 

Article 39 

Article 40(1), 
introductory wording 
and points (a) and 
(b) 

Article 40(1),point 
(e) 

Article 40(2) 

Article 40(3) 

Article 40(4) 

Article 49 

Article 47 

Article 45(1) 

Article 45(2) 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Article 6(1), third 
subparagraph 

Article 6(1), fourth 
subparagraph 

Article 6(3) 

Article 6(4), first and 
second sentences of 
first subparagraph 
and Article 6(4), 
second subparagraph 

Article 6(4), third 
sentence of first 
subparagraph 

Article 6(4), third 
subparagraph 

Article 6(4), fourth 
subparagraph 

Article 6(5) 

Article 6(6) 

Article 6(7) 

Article 6(8) 

Article 7(1) and 
Article 7(2), first 
subparagraph 

Article 45(3), first 
subparagraph 

Article 45(3), second 
subparagraph 

Article 45(4) 

Article 46(1) 

Article 46(2) 

Article 46(3), second 
subparagraph 

Article 46(4) 

Article 41(1) 

Article 45(5) 

Article 45(6) 

Article 45(7) 

Article 41(2), first 
subparagraph 

EN 

EN 

235 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Article 7(2), second 
subparagraph 

Article 7(3) and 
Article 11(8), first 
subparagraph, 
introductory wording 

Article 7(4) 

Article 7(5) 

Article 8(1) 

Article 8(2) 

Article 8(3) 

Article 8(4), first 
subparagraph 

Article 8(4), second 
subparagraph 

Article 8(4), third 
subparagraph 

Article 8(4), fourth 
subparagraph 

Article 8(5) 

Article 41(2), second 
subparagraph 

Annex VI, Part 6, 
first part of point 2.7 

Article 41(2), second 
subparagraph 

--- 

Article 40(1), point 
(c) 

Article 41(3) 

--- 

Article 41(4), first 
subparagraph 

Annex VI, Part 6, 
first part of point 3.2 

Annex VI, Part 6, 
second part of point 
3.2 

--- 

Article 41(4), second 
and third 
subparagraph 

EN 

EN 

236 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Article 8(6) 

Article 8(7) 

Article 8(8) 

Article 9, first 
subparagraph 

Article 9, second 
subparagraph 

Article 9, third 
subparagraph 

Article 10(1) and (2) 

Article 10(3), first 
sentence 

Article 10(3), second 
sentence 

Article 10(4) 

Article 10(5) 

Article 11(1) 

Article 11(2) 

Article 11(3) 

Article 40(1), points 
(c) and (d) 

Article 41(4) 

--- 

Article 48(1) 

Article 48(2) 

Article 48(3) 

--- 

Article 43(2) 

--- 

Article 43(3) 

Annex VI, Part 6, 
second part of point 
1.3  

Article 43(1) 

Annex VI, Part 6, 
point 2.1 

Annex VI, Part 6, 

EN 

EN 

237 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Article 11(4) 

Article 11(5) 

Article 11(6) 

Article 11(7), first 
part of first sentence 
of first subparagraph 

Article 11(7), second 
part of first sentence 
of first subparagraph 

Article 11(7), second 
sentence of first 
subparagraph 

Article 11(7), second 
subparagraph 

Article 11(7), point 
(a) 

Article 11(7), points 
(b) and (c) 

Article 11(7), point 
(d) 

Article 11(7), points 

point 2.2 

Annex VI, Part 6, 
point 2.3 

Annex VI, Part 6, 
point 2.4 

Annex VI, Part 6, 
point 2.5 

Annex VI, Part 6, 
first part of point 2.6 

Annex VI, Part 6, 
point 2.6(a) 

--- 

--- 

Annex VI, Part 6, 
point 2.6(b) 

--- 

Annex VI, Part 6, 
point 2.6(c) 

--- 

EN 

EN 

238 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
(e) and (f) 

Article 11(8), first 
subparagraph, points 
(a)and (b) 

Article 11(8)(c) 

Article 11(8)(d) 

Article 11(8), second 
subparagraph 

Annex VI, Part 3, 
point 1, first and 
second subparagraph 

Annex VI, Part 6, 
second part of point 
2.7  

Annex VI, Part 4, 
point 2.1, second 
subparagraph 

Annex VI, Part 6, 
third part of point 2.7 

Article 11(9) 

Article 43(4) 

Article 11(10), 
points (a), (b) and (c) 

Article 11(10)(d) 

Article 11(11) 

Article 11(12) 

Article 11(13) 

Annex VI, Part 8, 
points (a), (b) and (c) 
of point 1.1 

Annex VI, Part 8, 
point (d) of point 1.1 

Annex VI, Part 8, 
point 1.2 

Annex VI, Part 8, 
point 1.3 

Article 43(5), first 
subparagraph 

--- 

--- 

--- 

--- 

--- 

--- 

--- 

Article 43(5) second 

EN 

239 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Article 11(14) 

Article 11(15) 

Article 11(16) 

Article 11(17) 

Article 12(1) 

Article 12(2), first 
sentence 

Article 12(2), second 
sentence 

Article 12(2), third 
sentence 

Article 13(1) 

Article 13(2) 

Article 13(3) 

Article 13(4) 

Article 14 

subparagraph 

Annex VI, Part 6, 
point 3.1 

Article 40(1), point 
(e) 

Annex VI, Part 8, 
point 2 

Article 9(2), point 
(a) 

Article 50(1) 

Article 50(2) 

--- 

Article 50(3) 

Article 40(1), point 
(f) 

Article 42 

Article 41(5) 

Annex VI, Part 3, 
point 2 

--- 

EN 

EN 

240 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Article 15 

Article 16 

Article 17(2) and (3) 

Article 20 

Annex I 

Annex II, first part 
(without numbering) 

Annex II, point 1, 
introductory wording 

Annex II, points 1.1 
– 1.2 

Annex II, point 1.3 

Annex II, point 2.1 

--- 

--- 

--- 

--- 

--- 

--- 

--- 

Annex II, point 2.2 

Annex II, point 3 

Annex III 

EN 

241 

--- 

--- 

--- 

--- 

Annex VI, Part 2 

Annex VI, Part 4, 
point 1 

Annex VI, Part 4, 
point 2.1 

Annex VI, Part 4, 
points 2.2 - 2.3 

--- 

Annex VI, Part 4, 
point 3.1 

Annex VI, Part 4, 
point 3.2 

Annex VI, Part 4, 
point 3.3 

Annex VI, Part 4, 
point 4 

Annex VI, Part 6, 
point 1 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Annex IV, table 

Annex IV, final 
sentence 

Annex V, point (a), 
table 

Annex V, point (a), 
final sentences 

Annex V, point (b), 
table 

Annex V, point (b), 
final sentence 

Annex V, point (c) 

Annex V, point (d) 

Annex V, point (e) 

Annex V, point (f) 

Annex VI 

Annex VI, Part 5 

--- 

Annex VI, Part 3, 
point 1.1 

--- 

Annex VI, Part 3, 
point 1.2 

--- 

Annex VI, Part 3, 
point 1.3 

Annex VI, Part 3, 
point 1.4 

Annex VI, Part 3, 
point 1.5 

Annex VI, Part 3, 
point 3 

Annex VI, Part 7 

Article 1 

Article 31 

Article 2(2) 

Annex V, Part 1, 
point 1 and Part 2, 
point 1 

EN 

242 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
--- 

--- 

--- 

--- 

--- 

--- 

--- 

Annex V, Part 1, last 
sentence of point 1 

Article 2(3) second 
part 

Annex V, Part 1, 
point 1 and Part 2, 
point 1 

Article 2(4) 

--- 

Article 2(6) 

Article 3(18) 

Article 2(7), first 
subparagraph 

Article 3(19) 

Article 2(7), second 
subparagraph and 
points (a) to (i) 

Article 2(7), second 
subparagraph, point 
(j) 

Article 2(7), third 
subparagraph 

Article 31, second 
subparagraph 

--- 

--- 

--- 

--- 

--- 

--- 

--- 

--- 

--- 

Article 32(1) 

Article 2(7), fourth 
subparagraph 

Article 32(2) 

Article 2(8) 

Article 3(21) 

Article 2(9) 

Article 32(2) 

Article 2 (10) 

--- 

EN 

243 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Article 2(11) 

Article 3(20) 

Article 2(12) 

Article 3(22) 

Article 2(13) 

Article 3 

Article 4(1) 

--- 

--- 

--- 

Article 4(2) 

Article 33(2) 

Article 4(3) to (8) 

--- 

Article 5(1) 

Annex V, Part 1, 
point 2, last sentence 

Article 5(2) 

Article 6 

--- 

--- 

Article 7(1) 

Article 34 

Article 7(2) 

Article 33(4) 

Article 7(3) 

Article 33(5) 

Article 8(1) 

Article 37(1) 

Article 8(2), first 
part of first 
subparagraph 

Article 37(2), first 
part of first 
subparagraph 

Article 8(2), second 
part of first 
subparagraph 

--- 

EN 

244 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
--- 

--- 

--- 

--- 

--- 

--- 

--- 

--- 

--- 

--- 

--- 

--- 

--- 

--- 

Article 37(2), second 
part of first 
subparagraph 

Article 37(2), second 
subparagraph 

Article 8(2), second 
subparagraph 

Article 8(2), points 
(a) to (d) 

Article 8(3) and (4) 

--- 

--- 

--- 

Article 9 

Article 33(1) 

Article 10(1), first 
sentence 

Article 33(6) 

Article 10(1), second 
sentence 

Article 10(2) 

--- 

--- 

Article 12 

Article 35(1) 

--- 

--- 

--- 

--- 

--- 

--- 

--- 

Article 35(2), (3) and 
(4) 

EN 

245 

Article 13 

Annex V, Part 3, 
third part of point 8  

Article 14 

Annex V, Part 4 

Article 15 

--- 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Article 18(2) 

Annex I 

Annex II 

--- 

--- 

--- 

Annex III and IV 

Annex V, point 2 of 
Part 1 and Part 2 

Annex V A 

Annex V B 

Annex VI A 

Annex VI B 

Annex VII A 

Annex VII B 

Annex VIII A point 
1 

Annex VIII A point 
2 

--- 

--- 

--- 

--- 

--- 

--- 

--- 

EN 

246 

Annex V, Part 1, 
point 3 

Annex V, Part 2, 
point 3 

Annex V, Part 1, 
points 4 and 5 

Annex V, Part 2, 
points 4 and 5 

Annex V, Part 1, 
points 6 and 7 

Annex V, Part 2, 
points 6 and 7 

--- 

Annex V, Part 3, 
first part of point 1 
and points 2, 3 and 5 

Annex V, Part 3, 
second part of point 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
--- 

--- 

--- 

--- 

--- 

--- 

--- 

1 

Annex V, Part 3, 
point 4 

Annex VIII A point 
3 

--- 

Annex VIII A point 
4 

Annex V, Part 3, 
point 6 

Annex VIII A point 
5 

Annex V, Part 3, 
points 7 and 8 

Annex VIII A point 
6 

Annex V, Part 3, 
points 9 and 10 

--- 

--- 

--- 

--- 

--- 

--- 

--- 

Annex V, Part 4 

Annex VIII B 

Annex VIII C 

--- 

--- 

Annex IX 

Annex IX 

Annex X 

Annex X 

EN 

247 

EN