CELEX: 51995PC0088
Language: en
Date: 1995-05-15
Title: Amended proposal for a COUNCIL DIRECTIVE concerning Integrated Pollution Prevention and Control

COMMISSION OF THE EUROPEAN COMMUNITIES
                                    Brussels, 15.05.1995
                                    COM(95) 88 final - SYN 526
                  Amended proposal for a
                 COUNCIL DIRECTIVE
   concerning Integrated Pollution Prevention and Control
(presented by the Commission pursuant to Article 189 a (2)
                    of the EC-Treaty)
 ---pagebreak---         ."'';•                     Explanatory Memorandum
In accordance with Article 130 S, paragraph 1, of the EC Treaty, the Council consulted the
European Parliament on the directive proposal concerning integrated pollution prevention and
control (COM (93) 0423 - 00/0526 (SYN) ) (1), At its Plenary Session in December 1994
the European Parliament approved 57 amendments 25 of which where accepted by the
Commission either in whole or in part.
The accepted and rejected amendments are commented as follows.
Amendments accepted bv the Commission.
Amendment 2 (Recital 11 a) and 16 (Article 2 a new) introduces the .useful concept of "basic
obligations of the operators". These amendments are partly accepted, with a simplification of
the wording. This has resulted in the acceptation of amendment 26 (Article 8).
The part of amendment 8 (Article 2 (1) (b)) conœrning the deletion of the exclusion of final
products and radioactive substances is justified from a technical point of view. In particular
radioactive substances arefrequentlyutilized in activities listed in Annex I, and the protection
of the environment against the damages caused by these substances is not directly covered by
the Euratom Treaty.
The addition of light and vibrations included in amendment 9 (Article 2.(2)), is justified from
 a technical point of view for a definition already including heat and noise. Other proposed
 additions, in particular "non ionizing radiation or similar influences ", would create confusion.
 The same addition, included in amendment 10, must consequently be introduced in Article
 2(4).
 The modification of the definition of "substantial change", as proposed by amendment 12
 (Article 2(9)) aims at covering more exhaustively all types of important changes. It is
 accepted with a modification of the wording, allowing a useful distinction between "change"
 and "substantial change".
 Amendment 41 (Annex 1.1.1. a new) concerns nuclear plants. These plants also emit
 substances listed in Annex III. Furthermore, their impact on the environment is not directly
 covered by the Euratom Treaty. This amendment is therefore accepted, with modifications to
 the wording.        . ' • . . '
 Thefirstpart of amendment 17 (Article 4), which allows a greater flexibility in the permitting
 procedure for existing installations, is accepted with a slight modification.
 The first part of amendment 7 (Article 1), specifying the scope of the proposal, is accepted
 whereas its second part, placing the efficient use of raw materials, water and energy among
 the main objectives of the directive, is rejected.
 (1)
     JOC311 du 17.11.1993, p. 6
 ---pagebreak---  Other amendments, partially or entirely accepted, bring useM technical complements (43,44,
 66, 47, 49, 53, 54, 55 concerning respectively Annex 12.5 a new, 5.1, 6.1, 6.4, 6.7 a new,
 Annex III, 10 a new, 10 b new, 10 c new ), juridical clarification and improvements ( 15,
 36^40 concerning respectively Article 2(12), Article 14finalparagraph new, Article 18), or
 clarification of the wording (3, 25, 27, 35 concerning respectively Recital 23, Article 8(3),
 Article 8(5£ Article 14(1)).
 Amendments rejected by the Commission
                                                                                                 v
 Amendments concerning the emission register (4, 31), and insurance against effects of             •
 pollution (28) are rejected because the Commission envisages the elaboration of specific
 instruments including these provisions.                             V
 Amendmentsrelatingto public health (21,38), to the assessment of the effects (18), which
 are not appropriate in the context of the proposal, are not accepted. "
 Amendments relating to the fixation of emission limit value (5, 30 paragraph 1, 2, 3,
 amend.37) propose rules which are neither practicable nor justified, in particular the fixation
 of all these values at Cornmunity level.
 Amendment 30 paragraph 4 provides for a complicated taxation system which is not
 appropriate in the context of the proposal.
 The following amendments propose minor modifications or additions which are not relevant
 or do not bring any significant improvement to the text of the proposal: 1, 6,11,13,14,19,
 22,23,24^32,33,34,42,45,46,48,50,51,52,56.
 Amendments 20 and 29 concern fundamental obligations of the operator. They are rejected
 to avoid any overlapping with the accepted amendment 16.
Amendment 39 is not compatible with Council decision 87/373/EEC of 13 July 1987(2). The
Commission, therefore, maintains Art 17 of its original proposal creating a committee of an
advisory nature.
In accordance with Article 189 A paragraph 2 of me EC Treaty, the Commission modifies as
foUows me text of its proposal concerning integrated pollution prevention and control, in order
to include the accepted amendments into its proposal.
 * JO L197 dul&7.1987, p33
 ---pagebreak---                                             Amended proposal for a
                                           COUNCIL DIRECTIVE
                              concerning Integrated Pollution Prevention and Control
                QRIGINAL TEXT                                                 MODIFIED TEXT
                                              Recital 11a (new)
                                                              Whereas the operator bears responsabilité for
                                                              managing the environmental consequences of
                                                              his activity during the entire service life of his
                                                              installation and must himself attain an active
                                                              strategy which contributes to improving of
                                                              environmental protection on an appropriate and
                                                              ongoing basis.
                                                   Recital 23
Whereas in order to inform the public about                   Whereas in order to inform the public about
the operation of installations and the potential              the operation of installations and the potential
effect on the environment and to ensure the                   effect on the environment and to ensure the
transparency of the licensing process                         transparency of the licensing process
throughout the Community, information                         throughout the Community, the public must
relating to the application for a permit, the                 have access, prior to any decision, to
permit itself and associated monitoring data                   information relating to the application for a
should be available to the public                             permit and hence the permit itself and
                                                              associated monitoring data.
                                                    Article 1
 The purpose of this directive is to provide for               The purpose of this directive is to provide for
 measures and procedures to prevent, wherever                  measures and procedures to prevent, wherever
 practicable, or to minimize emissions from                    practicable, or to minimize emissions from
 industrial installations within the Community,                industrial installations referred to in Annex I
 so as to achieve a high level of protection for               within the Community, so as to achieve a high
 the environment as a whole.                                   level of protection for the environment as a
                                                               whole.
                                                Article 2 (1) (b)
 (b)"preparation" means mixture or solutions                    (b) "preparation" means mixtures or solutions
 composed of two or more substances, but                        composed of two or more substances, but
 excluding       final     products, radioactives               excluding genetically modified organisms.
 substances and preparations and genetically
 modified organisms.
                                                  Article 2   (2)
 2."pollution" means the introduction by human                  2."pollution" means the introduction by human
  activity, directly or indirectly, of substances,              activity, directly or indirectly of substances,
  preparations, heat or noise into the                          preparations, heat, noise, light or vibrations
  environmental media of air, water or land                      into the environmental media of air, water or
  which may contribute to or cause : hazards to                  land which may contribute to or cause :
  human health, harm to living resources or                      hazards to human healths, harm to living
  ecosystems or materials property or the                        resources or ecosystems or material property or
                                                                    1tky
 ---pagebreak--- impairment of or interference with amenities             ths impairement of or interference with
and other legitimate uses of the environment             amenities and other legitimate uses of the
                                                         environment
                                              Articled (4)
4."emission" means:                                       4."emission" means:
(a) a release of a substance, preparation, heat           (a) a release of a substance, preparation, heat,
or noise to air or water (an emission to sewer            noise, light or vibrations to air or water or to
being considered an emission to water);and                land ; and
(b) the deposit, storage or disposal of                   (b) the deposit, storage or disposal of
substances or preparation in or on land which             substances or preparations in or on land which
may contribute to or cause pollution.                     may contribute to or cause pollution.
                                               Article 2 (9)
 "substantial change" means an increase of 5%             (a"> "change in operation"means a change in the
 or more in the total amount specific rate or             characteristics, nature or method of operation
 concentration of emissions of any of those               or the extension of the installation which leads
 substances and preparations listed in annex IE,          to a departure from the conditions of the
 as compared to those allowed under a permit              permit or which may affect the requirements
 or any emission of any of the substances or              for the granting of the permit
 preparations listed in annex BJ which is not             (b) "substantial charge" means a change in
 included in the conditions of the permit                 operation as referred to in subparagraphe (al
                                                          which may have adverse effects on human
                                                          beings or the environment .
                                              Article 2 (12)
  12. "existing      installations"   means an             12."existing installation" means an installation
 installation in operation before 1 July 1995 or           in operation before 1 July 1995 or built or
 build or permitted under existing legislation             permitted under existing legislation before that
 before that date ; "new installation" means an            date, without prejudice to the Community
 installation permitted and built after that date.         directives specifically laid down for specific
                                                           installation : "new installation" means an
                                                           installation permitted and built after that date.
 ---pagebreak---                                             Article 2a (new)
                                                         Basic obligations of the operator
                                                         Member States shall ensure that the operator of
                                                         an installation authorized according to this
                                                         directive is under an obligation to operate his
                                                         installation in such a way that :
                                                         -appropriate preventive measures are taken
                                                         against pollution;
                                                         -waste.is prevented or recycled where it is
                                                         technically feasible and economically viable
                                                         -energy, water and natural resources are
                                                         rationally utilized: -.
                                                         -the necessary measures are taken to prevent
                                                         accidents and limit their consequences to
                                                         human beings and the environment.
                                                         Member States shall ensure that the operator
                                                         takes the appropriate measures in order to
                                                          avoid harms to the human beings and the
                                                          environment at the time when the installation
                                                          has permanently ceased operation.
                                                 Article 4
Member States shall ensure that no existing               Member States shall ensure that no existing
installation shall be operated later than 30 June         installations shall be operated later than 30
2005, without a permit issued in accordance               June 2005, without a permit issued in
with this Directive, unless this is otherwise             accordance with this Directive, or a permit
stated in specific Community legislation.                 meeting the substantive requirements of its
Where environmental quality standards or,                 articles 2a. 8. 9 and 13 unless this is otherwise
where they do not exist, relevant guidelines              stated in specific Community legislation.
already recommended by the World Health                   Where environmental quality standards or,
Organization are being breached, existing                 where they do not exist relevant guidelines
installations shall be given priority in                  already recommended by the World Healtir
undergoing this licensing procedures.                     Organization are being breached, existing
                                                          installations shall be given priority in
                                                          undergoing this licensing procedure.
                                               Article 8 (3)
The permit shall contain suitable monitoring               The permit shall contain suitable monitoring
 requirements, specifying thé measurement                  requirements, specifying the measurement
 methodology, frequency and evaluation                     methodoloy, frequency and evaluation
 procedure and an obligation to supply the                 procedure and an obligation to supply the
 competent authority with data required for                competent authority with data required for
 checking compliance with the permit The                   checking compliance with the permit The
 permit shall also require that tests on emissions         permit shall also require that tests on emissions
 carried out by the operation or by third parties          carried out by the operator or by third parties
 ---pagebreak--- be certified by;, an independent test laboratory         be certified regularly by an independent test
which conforms to EN standard 45001.                     laboratory which conforms to EN standard
                                                         45001.
                                              Article 8 (4)
The permit shall contain conditions to the               deleted
effect that when the installation has
permanently ceased operation, all measures
shall be taken in order to ensure that no harm
to the environment occurs.                 • •-.
                                              Article 8 (5)
The permit shall contain conditions concerning           The permit shall contain conditions concerning
the failure/breakdown of pollution control               the failure/breakdown of pollution control
equipment and emission limit values for other            equipment, and emission limit values for other
than normal operation conditions, such as                than normal operating conditions, such as
running in. start-up and shut-down but shall             commissioning, start-up and shut-down but
not contain provisions interfering with the need         shall not contain provisions interfering with the
to protect the safety, and security of the               need to protect the safety and security of the
workforce.                                               workforce.
                                              Article 14 (1)
Member States shall take the necessary                   Member States shall take the necessary
measures to ensure that applications for permits         measures to ensure that applications for
and for substantial changes are available for an         operating permits and for substantial changes
appropriate period of time to the public which           are available for an appropriate period of time
will have the right to comment on them before            to the public. The public will have the right to
the competent authority reaches its decision.            comment on them before the competent
That decision, including a copy of the permit            authority reaches its decision. That decision,
 and any subsequent revisions to it shall also           including a copy of the permit and any
 be available to the public.                             subsequent revisions to it, shall also be
                                                         available to the public.
                                   Article 14 , final paragraph (new)
                                                          A charge may be made for supplying
                                                          information under the Article and Article 10.
                                                          but it must be reasonable and may not exceed
                                                          the cost of the administration required to
                                                          supply the information.
 ---pagebreak---                                               Article 18
This Directive shall not prevent any Member             l.This Directive shall not prevent any Member
State from maintaining or introducing more             State from maintaining or introducing more
stringent protective measures compatible with          stringent protective measures compatible with
the Community legislation. Thos measures               the Community legislation. Those measures
shall be notified to the Commission.                    shall be notified to the Commission.
                                                        2.Member States may take other protection
                                                        measures than those prescribed in this
                                                        Directive, on condition that these measures are
                                                        compatible with existing Community law. Thev
                                                        may in particular: .'
                                                        -define areas which are particularly polluted or
                                                        which should be specially protected and forbid
                                                        the construction of certain categories of
                                                        installations or make their operation subject to
                                                        considerations additional to the requirement to
                                                        use that best available techniques:
                                                        -use economic instruments where appropriate:
                                                        -require categories of installations, in addition
                                                        to those listed in Annex I, to be subject to the
                                                        provisions of this Directive:
                                                        -consider other substances and preparations, in
                                                        addition to those listed in Annex III, as
                                                         polluting substances.
                                                        3. Member States notify to the Commission of
                                                        the measures which are adopted in application
                                                         of the present Article. On the basis of this
                                                         information the Commission shall examine
                                                         whether there is a need to take action at
                                                         Community level and present where
                                                         appropriate useful proposals to the Council.
                                       Annex I, point 1.1 a (new)
                                                         1.1.a Nuclear installation, aspects not covered
                                                         bv the Euratom Treaty
                                       Annex I. point 2.5 a (new)
                                                         2.5a Installations for the recvling of metal
                                                          scrap
                                           Annex I. point 5.1.
 5.1. Installations for the treatment by                  Installations for the treatment by incineration
  incineration of solid and liquid waste which is         of hazardous or non hazardous solid and liquid
 not hazardous                                            waste
 ---pagebreak---                  %     • ' ' .            Annex I, point 6.1
6.1. Plants for the manufacture of pulp                6.1. Plants for the manufacture of pulp
(including integrated pulp, paper and board            (including integrated pulp, paper and board
mills) with a production capacity of 10000             mills) with a production capacity of 10000
tonnes or more a year and plants for the               tonnes or more a year and plants for the
                                                  N
manufacture of paper and board with a                  manufacture of paper and board with a
production capacity of 25000 tonnes or more a          production capacity of 10000 tonnes or more a
year.                                                  year.
                                         Annex I, point 6.4.
6.4.Installations for the canning of processing        6.4.Installations for the processing of food
of food employing more than 50 persons                 emitting or likely to emit substances and
                                                       preparations listed in the appropriate section of
                                                       Annex III and which may cause pollution.
                                      Annex I, point 6.7. a (new)
                                                       6.7.a.Installations in which surfaces are plated
                                                       with metals electrolvticallv or chemically
                                 Annex III, 'Water', point 10 a (new)
                                                        10a. Pesticides and biocides, with the exception
                                                       of those which are rapidly converted into
                                                        substances which are biologically harmless
                                  Annex HI 'Water' point 10 b (new)
                                                        lOb.Substances contained in washing and
                                                        cleaning products : perborates,
                                                        polvcarboxvlates. nonvl phenols
                                  Annex HI 'Water', point 10 c (new)
                                                        10c. Complexing agents :         NTA. EDTA.
                                                        DTPA
                                                                                                           /
                                                                                                         /
 ---pagebreak---                                                                    ISSN 0254-1475
                                                             COM(95) 88 final
                                             DOCUMENTS
EN                                                                            14
                                     Catalogue number : CB-CO-95-100-EN-C
                                                              ISBN 92-77-86836-8
Office for Official Publications of the European Communities
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