CELEX: 52006PC0543
Language: en
Date: 2006-09-25
Title: Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL concerning integrated pollution prevention and control   (Codified version)

COMMISSION OF THE EUROPEAN COMMUNITIES
                                             Brussels, 25.09.2006
                                             COM(2006) 543 final
                                             2006/0170 (COD)
                                Proposal for a
   DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
           concerning integrated pollution prevention and control
                             (Codified version)
                       (presented by the Commission)
EN                                                                EN
 ---pagebreak---                              EXPLANATORY MEMORANDUM
   1.  In the context of a people’s Europe, the Commission attaches great importance to
       simplifying and clarifying Community law so as to make it clearer and more
       accessible to the ordinary citizen, thus giving him new opportunities and the chance
       to make use of the specific rights it gives him.
       This aim cannot be achieved so long as numerous provisions that have been amended
       several times, often quite substantially, remain scattered, so that they must be sought
       partly in the original instrument and partly in later amending ones. Considerable
       research work, comparing many different instruments, is thus needed to identify the
       current rules.
       For this reason a codification of rules that have frequently been amended is also
       essential if Community law is to be clear and transparent.
   2.  On 1 April 1987 the Commission therefore decided1 to instruct its staff that all
       legislative acts should be codified after no more than ten amendments, stressing that
       this is a minimum requirement and that departments should endeavour to codify at
       even shorter intervals the texts for which they are responsible, to ensure that the
       Community rules are clear and readily understandable.
   3.  The Conclusions of the Presidency of the Edinburgh European Council
       (December 1992) confirmed this2, stressing the importance of codification as it offers
       certainty as to the law applicable to a given matter at a given time.
       Codification must be undertaken in full compliance with the normal Community
       legislative procedure.
       Given that no changes of substance may be made to the instruments affected by
       codification, the European Parliament, the Council and the Commission have agreed,
       by an interinstitutional agreement dated 20 December 1994, that an accelerated
       procedure may be used for the fast-track adoption of codification instruments.
   4.  The purpose of this proposal is to undertake a codification of Council
       Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention
       and control3. The new Directive will supersede the various acts incorporated in it4;
       this proposal fully preserves the content of the acts being codified and hence does no
       more than bring them together with only such formal amendments as are required by
       the codification exercise itself.
   1
      COM(87) 868 PV.
   2
      See Annex 3 to Part A of the Conclusions.
   3
      Carried out pursuant to the Communication from the Commission to the European Parliament and the
      Council – Codification of the Acquis communautaire, COM(2001) 645 final.
   4
      See Annex VI, Part A of this proposal.
EN                                                2                                                    EN
 ---pagebreak---    5. The codification proposal was drawn up on the basis of a preliminary consolidation,
      in all official languages, of Directive 96/61/EC and the instruments amending it,
      carried out by the Office for Official Publications of the European Communities, by
      means of a data-processing system. Where the Articles have been given new
      numbers, the correlation between the old and the new numbers is shown in a table
      contained in Annex VII to the codified Directive.
EN                                           3                                            EN
 ---pagebreak---                                                                            96/61/EC (adapted)
                                                                2006/0170 (COD)
                                                Proposal for a
        DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
                       concerning integrated pollution prevention and control
                                        (Text with EEA relevance)
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular
   Article ⌦ 175 ⌫ (1) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Economic and Social Committee1,
   Having regard to the opinion of the Committee of the Regions2,
   Acting in accordance with the procedure laid down in Article ⌦ 251 ⌫ of the Treaty3,
   Whereas:
   (1)     Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution
           prevention and control4 has been substantially amended several times5. In the interests
           of clarity and rationality the said Directive should be codified.
                                                                           96/61/EC recital 1
   (2)     The objectives and principles of the Community's environment policy, as set out in
           Article 174 of the Treaty, consist in particular of preventing, reducing and as far as
           possible eliminating pollution by giving priority to intervention at source and ensuring
           prudent management of natural resources, in compliance with the ’polluter pays’
           principle and the principle of pollution prevention.
   1
           OJ C […], […] p. […].
   2
           OJ C […], […] p. […].
   3
           OJ C […], […] p. […].
   4
           OJ L 257, 10.10.1996, p. 26. Directive as last amended by Regulation (EC) N°166/2006 of the
           European Parliament and of the Council (OJ L 33, 4.2.2006, p. 1).
   5
           See Annex VI, Part A.
EN                                                     4                                               EN
 ---pagebreak---                                                                      96/61/EC recital 2 (adapted)
   (3) The Fifth Environmental Action Programme, the broad outline of which was approved
       by the Council and the Representatives of the Governments of the Member States,
       meeting within the Council, in the Resolution of 1 February 1993 on a Community
       programme of policy and action in relation to the environment and sustainable
       development6, ⌦ accorded ⌫ priority to integrated pollution control as an important
       part of the move towards a more sustainable balance between human activity and
       socio-economic development, on the one hand, and the resources and regenerative
       capacity of nature, on the other.
                                                                     96/61/EC recital 3
   (4) The implementation of an integrated approach to reduce pollution requires action at
       Community level in order to modify and supplement existing Community legislation
       concerning the prevention and control of pollution from industrial plants.
                                                                     96/61/EC recital 4
   (5) Council Directive 84/360/EEC of 28 June 1984 on the combating of air pollution from
       industrial plants7 introduced a general framework requiring authorization prior to any
       operation or substantial modification of industrial installations which may cause air
       pollution.
                                                                     96/61/EC recital 5 (adapted)
   (6) Directive ⌦ 2006/11/EC of the European Parliament and of the Council of 15
       February 2006 ⌫ on pollution caused by certain dangerous substances discharged
       into the aquatic environment of the Community8 introduced an authorization
       requirement for the discharge of those substances.
                                                                     96/61/EC recital 6
   (7) Although Community legislation exists on the combating of air pollution and the
       prevention or minimization of the discharge of dangerous substances into water, there
       is no comparable Community legislation aimed at preventing or minimizing emissions
       into soil.
                                                                     96/61/EC recital 7
   (8) 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.
   6
       OJ C 138, 17.5.1993, p. 1.
   7
       OJ L 188, 16.7.1984, p. 20. Directive as amended by Directive 91/692/EEC (OJ L 377, 31.12.1991, p.
       48).
   8
       OJ L ⌦ 64, 4.3.2006, p. 52 ⌫.
EN                                                  5                                                     EN
 ---pagebreak---                                                                     96/61/EC recital 8
   (9)  The objective of an integrated approach to pollution control is to prevent emissions
        into air, water or soil wherever this is practicable, taking into account waste
        management, and, where it is not, to minimize them in order to achieve a high level of
        protection for the environment as a whole.
                                                                    96/61/EC recital 9 (adapted)
   (10) This Directive ⌦ should ⌫ establish a general framework for integrated pollution
        prevention and control. It ⌦ should ⌫ lay down the measures necessary to
        implement integrated pollution prevention and control in order to achieve a high level
        of protection for the environment as a whole. Application of the principle of
        sustainable development ⌦ should ⌫ be promoted by an integrated approach to
        pollution control.
                                                                    96/61/EC recital 10
   (11) The provisions of this Directive should apply without prejudice to the provisions of
        Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of
        public and private projects on the environment9. When information or conclusions
        obtained further to the application of that Directive have to be taken into consideration
        for the granting of authorization, this Directive should not affect the implementation of
        Directive 85/337/EEC.
                                                                    96/61/EC recital 11 (adapted)
   (12) Member States should take the necessary steps in order to ensure that the operator of
        the industrial activities referred to ⌦ in this Directive ⌫ is complying with the
        general principles of certain basic obligations. For that purpose it would suffice for the
        competent authorities to take those general principles into account when laying down
        the authorization conditions.
                                                                    96/61/EC recital 12 (adapted)
   (13) Some of the provisions adopted pursuant to this Directive must be applied to existing
        installations after ⌦ 30 October 2007 ⌫ and others ⌦ had to be applied ⌫ as from
        ⌦ 30 October 1999 ⌫.
                                                                    96/61/EC recital 13
   (14) In order to tackle pollution problems more effectively and efficiently, environmental
        aspects should be taken into consideration by the operator. Those aspects should be
        communicated to the competent authority or authorities so that they can satisfy
        themselves, before granting a permit, that all appropriate preventive or pollution-
   9
        OJ L 175, 5.7.1985, p. 40. Directive as last amended by Directive 2003/35/EC of the European
        Parliament and of the Council (OJ L 156, 25.6.2003, p. 17).
EN                                                    6                                              EN
 ---pagebreak---         control measures have been laid down. Very different application procedures may give
        rise to different levels of environmental protection and public awareness. Therefore,
        applications for permits under this Directive should include minimum data.
                                                                96/61/EC recital 14
   (15) Full coordination of the authorization procedure and conditions between competent
        authorities should make it possible to achieve the highest practicable level of
        protection for the environment as a whole.
                                                                96/61/EC recital 15
   (16) The competent authority or authorities should grant or amend a permit only when
        integrated environmental protection measures for air, water and land have been laid
        down.
                                                                96/61/EC recital 16
   (17) The permit should include all necessary measures to fulfil the authorization conditions
        in order thus to achieve a high level of protection for the environment as a whole.
        Without prejudice to the authorization procedure, those measures may also be the
        subject of general binding requirements.
                                                                96/61/EC recital 17
   (18) Emission limit values, parameters or equivalent technical measures should be based on
        the best available techniques, without prescribing the use of one specific technique or
        technology and taking into consideration the technical characteristics of the
        installation concerned, its geographical location and local environmental conditions. In
        all cases the authorization conditions should lay down provisions on minimizing long-
        distance or transfrontier pollution and ensure a high level of protection for the
        environment as a whole.
                                                                96/61/EC recital 18
   (19) It is for the Member States to determine how the technical characteristics of the
        installation concerned, its geographical location and local environmental conditions
        can, where appropriate, be taken into consideration.
                                                                96/61/EC recital 19
   (20) When an environmental quality standard requires more stringent conditions than those
        that can be achieved by using the best available techniques, supplementary conditions
        should in particular be required by the permit, without prejudice to other measures that
        may be taken to comply with the environmental quality standards.
EN                                              7                                                EN
 ---pagebreak---                                                                96/61/EC recital 20
   (21) Because best available techniques will change with time, particularly in the light of
        technical advances, the competent authorities should monitor or be informed of such
        progress.
                                                               96/61/EC recital 21
   (22) Changes to an installation may give rise to pollution. The competent authority or
        authorities should therefore be notified of any change which might affect the
        environment. Substantial changes to plant must be subject to the granting of prior
        authorization in accordance with this Directive.
                                                               96/61/EC recital 22
   (23) The authorization conditions should be periodically reviewed and if necessary
        updated. Under certain conditions, they should in any event be re-examined.
                                                               2003/35/EC recital 3
   (24) Effective public participation in the taking of decisions should 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.
                                                               2003/35/EC recital 4
   (25) Participation, including participation by associations, organisations and groups, in
        particular non-governmental organisations promoting environmental protection,
        should accordingly be fostered, including inter alia by promoting environmental
        education of the public.
                                                               2003/35/EC recitals 5 and 6
                                                            (adapted)
   (26) On 25 June 1998 the Community signed the UN/ECE Convention on Access to
        Information, Public Participation in Decision-Making and Access to Justice in
        Environmental Matters (the Århus Convention). Among the objectives of the Århus
        Convention is the desire to guarantee rights of public participation in decision-making
        in environmental matters in order to contribute to the protection of the right to live in
        an environment which is adequate for personal health and well-being.
                                                               96/61/EC recital 24
   (27) The establishment of an inventory of principal emissions and sources responsible may
        be regarded as an important instrument making it possible in particular to compare
EN                                              8                                                 EN
 ---pagebreak---         pollution activities in the Community. Such an inventory should be prepared by the
        Commission, assisted by a regulatory committee.
                                                                    96/61/EC recital 25
   (28) The development and exchange of information at Community level about best
        available techniques should help to redress the technological imbalances in the
        Community, should promote the worldwide dissemination of limit values and
        techniques used in the Community and should help the Member States in the efficient
        implementation of this Directive.
                                                                    96/61/EC recital 26
   (29) Reports on the implementation and effectiveness of this Directive should be drawn up
        regularly.
                                                                    96/61/EC recital 27
   (30) This Directive is concerned with installations whose potential for pollution, and
        therefore transfrontier pollution, is significant. Transboundary consultation should be
        organized where applications relate to the licensing of new installations or substantial
        changes to installations which are likely to have significant negative environmental
        effects. The applications relating to such proposals or substantial changes should be
        available to the public of the Member State likely to be affected.
                                                                    96/61/EC recital 28 (adapted)
   (31) The need for action may be identified at Community level to lay down emission limit
        values for certain categories of installation and pollutant covered by this Directive.
        ⌦ The European Parliament and the Council ⌫ should set such emission limit
        values in accordance with the provisions of the Treaty.
                                                                    96/61/EC recital 29
   (32) The provisions of this Directive should apply without prejudice to Community
        provisions on health and safety at the workplace.
   (33) 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 Commission10.
   (34) This Directive should be without prejudice to the obligations of the Member States
        relating to the time-limits for transposition into national law of the Directives set out in
        Annex VI, Part B,
   10
        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                                                  9                                                    EN
 ---pagebreak---                                                                    96/61/EC
   HAVE ADOPTED THIS DIRECTIVE:
                                                Article 1
                                            Purpose and scope
   The purpose of this Directive is to achieve integrated prevention and control of pollution
   arising from the activities listed in Annex I. It lays down measures 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 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.
                                                Article 2
                                                                   96/61/EC (adapted)
                                               Definitions
   For the purposes of this Directive ⌦ the following definitions shall apply ⌫:
   (1)      ‘substance’ means any chemical element and its compounds, with the exception of
            radioactive          substances     within      the       meaning       of     Council
            Directive ⌦ 96/29/Euratom ⌫11 and genetically modified organisms within the
            meaning of [Council Directive 90/219/EEC12] and Directive ⌦ 2001/18/EC of the
            European Parliament and of the Council ⌫13;
                                                                   96/61/EC
   (2)      ‘pollution’ means the direct or indirect introduction as a result of human activity, of
            substances, vibrations, heat or noise into the air, water or land which may be harmful
            to human health or the quality of the environment, result in damage to material
            property, or impair or interfere with amenities and other legitimate uses of the
            environment;
   (3)      ‘installation’ means a stationary technical unit where one or more activities listed in
            Annex I 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 and pollution;
   11
           OJ L 159, 29.6.1996, p. 1.
   12
           [OJ L 117, 8.5.1990, p. 1].
   13
           OJ L 106, 17.4.2001, p. 1.
EN                                                 10                                               EN
 ---pagebreak---                                                                 96/61/EC (adapted)
   (4)  ‘existing installation’ means an installation in operation or, in accordance with
        legislation existing before ⌦ 30 October 1999 ⌫, an installation authorized or in
        the view of the competent authority the subject of a full request for authorization,
        provided that that installation ⌦ was ⌫ put into operation no later than ⌦ 30
        October 2000 ⌫;
   (5)  ‘emission’ 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;
   (6)  ‘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; emission limit values may also be laid down for
        certain groups, families or categories of substances, in particular for those listed in
        Annex III;
        the emission limit values for substances 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 2006/11/ΕC or
        the Directives implementing it;
   (7)  ‘environmental quality standard’ means the set of requirements which must be
        fulfilled at a given time by a given environment or particular part thereof, as set out
        in Community legislation;
   (8)  ‘competent authority’ means the authority or authorities or bodies responsible under
        the legal provisions of the Member States for carrying out the obligations arising
        from this Directive;
   (9)  ‘permit’ means that part or the whole of a written decision (or several such decisions)
        granting authorization to operate all or part of an installation, 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;
   (10) ‘change in operation’ means a change in the nature or functioning, or an extension,
        of the installation which may have consequences for the environment;
                                                                96/61/EC
                                                               1 2003/35/EC Art. 4 pt. 1a)
   (11) ‘substantial change’ means a change in operation which, in the opinion of the
        competent authority, may have significant negative effects on human beings or the
        environment; 1 for the purposes of this definition, any change to or extension of an
EN                                            11                                                 EN
 ---pagebreak---             operation shall be deemed to be substantial if the change or extension in itself meets
            the thresholds, if any, set out in Annex I; 
                                                                     96/61/EC
   (12)     ‘best available techniques’ means the most effective and advanced stage in the
            development of activities and their methods of operation which indicate the practical
            suitability of particular techniques for providing in principle the basis for emission
            limit values designed to prevent and, where that is not practicable, generally to
            reduce emissions and the impact on the environment as a whole:
            (a)    ‘techniques’ shall include both the technology used and the way in which the
                   installation is designed, built, maintained, operated and decommissioned;
            (b)    ‘available techniques’ means those developed on a scale which allows
                   implementation in the relevant industrial sector, under economically and
                   technically viable conditions, taking into consideration the costs and
                   advantages, whether or not the techniques are used or produced inside the
                   Member State in question, as long as they are reasonably accessible to the
                   operator ;
            (c)    ‘best’ means most effective in achieving a high general level of protection of
                   the environment as a whole;
            in determining the best available techniques, special consideration should be given to
            the items listed in Annex IV;
   (13)     ‘operator’ means 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;
                                                                     2003/35/EC Art. 4 pt. 1(b)
   (14)     ‘the public’ means one or more natural or legal persons and, in accordance with
            national legislation or practice, their associations, organisations or groups;
   (15)     ‘the public concerned’ means the public affected or likely to be affected by, or
            having an interest in, the taking of a decision on the issuing or the updating of a
            permit or of permit conditions; for the purposes of this definition, non-governmental
            organisations promoting environmental protection and meeting any requirements
            under national law shall be deemed to have an interest.
                                                                     96/61/EC (adapted)
                                                 Article 3
                General principles governing the basic obligations of the operator
   1. Member States shall take the necessary measures to provide that the competent authorities
   ensure that installations are operated in such a way that:
EN                                                   12                                            EN
 ---pagebreak---    (a)       all the appropriate preventive measures are taken against pollution, in particular
             through application of the best available techniques;
   (b)       no significant pollution is caused;
   (c)       waste production is avoided in accordance with Directive ⌦ 2006/12/EC of the
             European Parliament and of the Council ⌫14; 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;
   (d)       energy is used efficiently;
   (e)       the necessary measures are taken to prevent accidents and limit their consequences;
   (f)       the necessary measures are taken upon definitive cessation of activities to avoid any
             pollution risk and return the site of operation to a satisfactory state.
   2. For the purposes of compliance with this Article, it shall be sufficient if Member States
   ensure that the competent authorities take account of the general principles set out in
   paragraph 1 when they determine the conditions of the permit.
                                                 Article 4
                                       Permits for new installations
   Member States shall take the necessary measures to ensure that no new installation is operated
   without a permit issued in accordance with this Directive, without prejudice to the exceptions
   provided for in Directive 2001/80/EC of the European Parliament and of the Council15.
                                                 Article 5
                 Requirements for the granting of permits for existing installations
                                                                      96/61/EC (adapted)
   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, Article 14(a) and (b) ,
   and Article 15 (2) not later than ⌦ 30 October 2007 ⌫, without prejudice to specific
   Community legislation.
   2. Member States shall take the necessary measures to apply the provisions of Articles 1, 2,
   11, 12, Article 14(c) , Article 15 (1) and (3), Articles 16, 17 and Article 18 (2) to existing
   installations as from ⌦ 30 October 1999 ⌫.
   14
           OJ L ⌦ 114, 27.4.2006, p. 9 ⌫.
   15
           OJ L 309, 27.11.2001, p. 1.
EN                                                  13                                              EN
 ---pagebreak---                                                                    96/61/EC
                                                 Article 6
                                        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:
   (a)      the installation and its activities;
   (b)      the raw and auxiliary materials, other substances and the energy used in or generated
            by the installation;
   (c)      the sources of emissions from the installation;
   (d)      the conditions of the site of the installation;
   (e)      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;
   (f)      the proposed technology and other techniques for preventing or, where this not
            possible, reducing emissions from the installation;
   (g)      where necessary, measures for the prevention and recovery of waste generated by the
            installation;
   (h)      further measures planned to comply with the general principles of the basic
            obligations of the operator as provided for in Article 3;
   (i)      measures planned to monitor emissions into the environment;
                                                                   2003/35/EC Art. 4 pt. 2
   (j)      the main alternatives, if any, studied by the applicant in outline.
                                                                   96/61/EC
   An application for a permit shall also include a non-technical summary of the details referred
   to in points (a) to (j).
   2. Where information supplied in accordance with the requirements provided for in
   Directive 85/337/EEC or a safety report prepared in accordance with Council
   Directive 96/82/EC 16 or other information produced in response to other legislation fulfils
   any of the requirements of this Article, that information may be included in, or attached to,
   the application.
   16
           OJ L 10, 14.1.1997, p. 13.
EN                                                  14                                            EN
 ---pagebreak---                                                 Article 7
                               Integrated approach to issuing permits
   Member States shall take the measures necessary to ensure that the conditions of, and
   procedure for the grant of, the permit are fully coordinated where more than one competent
   authority is involved, in order to guarantee an effective integrated approach by all authorities
   competent for this procedure.
                                                Article 8
                                               Decisions
   Without prejudice to other requirements laid down in national or Community legislation, the
   competent authority shall grant a permit containing conditions guaranteeing that 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 9
                                       Conditions of the permit
   1. Member States shall ensure that the permit includes all measures necessary for compliance
   with the requirements of Articles 3 and 10 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 Articles 5, 6 and 7 of that Directive shall be taken into consideration for the
   purposes of granting the permit.
   3. The permit shall include emission limit values for pollutants, in particular, those listed in
   Annex III, 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 ground water 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.
   For installations under point 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.
EN                                                 15                                                EN
 ---pagebreak---                                                                       2003/87/EC Art. 26 (adapted)
   Where emissions of a greenhouse gas from an installation are specified in Annex I to
   Directive 2003/87/EC of the European Parliament and of the Council17 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 it is necessary to ensure that no significant local pollution
   is caused.
   For activities listed in Annex I to Directive 2003/87/EC, Member States may choose not to
   impose requirements relating to energy efficiency in respect of combustion units or other
   units emitting carbon dioxide on the site.
   Where necessary, the competent authorities shall amend the permit as appropriate.
   ⌦ The third, fourth and fifth ⌫ subparagraphs shall not apply to installations temporarily
   excluded from the scheme for greenhouse gas emission allowance trading within the
   Community in accordance with Article 27 of Directive 2003/87/EC.
                                                                      96/61/EC (adapted)
   4. Without prejudice to Article 10, the emission limit values and the equivalent parameters
   and technical measures referred to in 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.
   5. The permit shall contain suitable release monitoring requirements, specifying measurement
   methodology and frequency, evaluation procedure and an obligation to supply the competent
   authority with data required for checking compliance with the permit.
   For installations under point 6.6 in Annex I, the measures referred to in this paragraph may
   take account of costs and benefits.
   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.
   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.
   17
           OJ L 275, 25.10.2003, p. 32.
EN                                                   16                                                EN
 ---pagebreak---    8. 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 an integrated approach and an equivalent high level of
   environmental protection as a whole are ensured.
                                              Article 10
                  Best available techniques and environmental quality standards
   Where an environmental quality standard requires stricter conditions than those achievable by
   the use of the best available techniques, additional measures shall in particular be required in
   the permit, without prejudice to other measures which might be taken to comply with
   environmental quality standards.
                                              Article 11
                             Developments in best available techniques
   Member States shall ensure that the competent authority follows or is informed of
   developments in best available techniques.
                                              Article 12
                                Changes by operators to installations
   1. Member States shall take the necessary measures to ensure that the operator informs the
   competent authorities of any planned change in the operation. Where appropriate, the
   competent authorities shall update the permit or the conditions.
   2. Member States shall take the necessary measures to ensure that no substantial change
   planned by the operator is made without a permit issued in accordance with this Directive.
   The application for a permit and the decision by the competent authority must cover those
   parts of the installation and those aspects listed in Article 6 that may be affected by the
   change. The relevant provisions of Article 3, Articles 6 to 10 and Article 15 (1), (2) and (3)
   shall apply mutatis mutandis.
                                              Article 13
         Reconsideration and updating of permit conditions by the competent authority
   1. Member States shall take the necessary measures to ensure that competent authorities
   periodically reconsider and, where necessary, update permit conditions.
   2. The reconsideration shall be undertaken in any event where:
   (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                                                17                                                EN
 ---pagebreak---    (b)      substantial changes in the best available techniques make it possible to reduce
            emissions significantly without imposing excessive costs;
   (c)      the operational safety of the process or activity requires other techniques to be used;
   (d)      new provisions of Community or national legislation so dictate.
                                               Article 14
                                 Compliance with permit conditions
   Member States shall take the necessary measures to ensure that:
   (a)      the conditions of the permit are complied with by the operator when operating the
            installation ;
   (b)      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 ;
   (c)      operators of installations afford the representatives of the competent authority all
            necessary assistance to enable them to carry out any 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.
                                               Article 15
             Access to information and public participation in the permit procedure
                                                                    2003/35/EC Art. 4 pt. 3(a)
                                                                 (adapted)
   1. Member States shall ensure that the public concerned are given early and effective
   opportunities to participate in the procedure for:
   (a)      issuing a permit for new installations ;
   (b)      issuing a permit for any substantial change ;
   (c)      updating of a permit or permit conditions for an installation in accordance with
            Article 13(2)(a) .
   The procedure set out in Annex V shall apply for the purposes of such participation.
                                                                    96/61/EC
   2. The results of monitoring of releases as required under the permit conditions referred to in
   Article 9 and held by the competent authority shall be made available to the public.
EN                                                 18                                               EN
 ---pagebreak---    3. Paragraphs 1 and 2 shall apply subject to the restrictions laid down in Article 4(1) and (2)
   of Directive 2003/4/EC of the European Parliament and of the Council18.
                                                                  2003/35/EC Art. 4 pt. 3(b)
   4. When a decision 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.
                                                                  2003/35/EC Art. 4 pt. 4
                                                               (adapted)
                                              Article 16
                                           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 the public participation
   provisions of this Directive ⌦ when: ⌫
   (a)      ⌦ they have ⌫ a sufficient interest, or alternatively,
   (b)      ⌦ they maintain ⌫ the impairment of a right, where administrative procedural law
            of a Member State requires this as a precondition.
   2. Member States shall determine at what stage the decisions, acts or omissions may be
   challenged.
   3. What constitutes a sufficient interest and impairment of a right shall be determined by 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 any requirements under national law ⌫ shall be
   deemed sufficient for the purpose of point (a) of paragraph 1.
   Such organisations shall also be deemed to have rights capable of being impaired for the
   purpose of point (b) of paragraph 1.
   4. The provisions of this Article shall not exclude the possibility of a preliminary review
   procedure before an administrative authority and shall not affect the requirement of
   18
           OJ L 41, 14.2.2003, p. 26.
EN                                                19                                               EN
 ---pagebreak---    exhaustion of administrative review procedures prior to recourse to judicial review
   procedures, where such a requirement exists under national law.
   Any such procedure shall be fair, equitable, timely and not prohibitively expensive.
   5. 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.
                                                                  96/61/EC (adapted)
                                               Article 17
                                        Exchange of information
   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 ⌦ before 30April 2001 ⌫,
   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 organize an exchange of information between Member States and
   the industries concerned on best available techniques, associated monitoring, and
   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
   referred to in Article 6(2) of Council Directive 91/692/EEC19. The Commission shall submit
   the report s ⌦ to the European Parliament and 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.
                                               Article 18
                                         Transboundary effects
                                                                  2003/35/EC Art. 4 pt. 5(a)
   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
   19
           OJ L 377, 31.12.1991, p. 48.
EN                                                 20                                              EN
 ---pagebreak---    State 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) was submitted shall forward to
   the other Member State any information required to be given or made available pursuant to
   Annex V at the same time as it makes it available to its own nationals. 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.
                                                                  96/61/EC
   2. Within the framework of their bilateral relations, Member States shall see to it 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.
                                                                  2003/35/EC Art. 4 pt. 5(b)
   3. The results of any consultations pursuant to paragraphs 1 and 2 must 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(4). 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.
                                                                  96/61/EC (adapted)
                                                Article 19
                                  Community emission limit values
   1. ⌦ Where ⌫ the need for Community action has been identified, on the basis, in
   particular, of the exchange of information provided for in Article 17 ⌦ the European
   Parliament and ⌫ the Council, acting on a proposal from the Commission, shall set emission
   limit values, in accordance with the procedures laid down in the Treaty, for:
   (a)       the categories of installations listed in Annex I except for the landfills covered by
             points 5.1 and 5.4 of that Annex,
             and
   (b)       the polluting substances referred to in Annex III.
   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.
EN                                                  21                                             EN
 ---pagebreak---    3. Without prejudice to the requirements of this Directive, the technical requirements
   applicable for the landfills covered by points 5.1 and 5.4 of Annex I, ⌦ have been ⌫ fixed
   ⌦ in Council Directive 1999/31/EC20 ⌫.
                                                                   1882/2003 Art. 3 and Annex III
                                                                pt. 61
                                                 Article 20
                                                Committee
   1. The Commission shall be assisted by a 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.
   The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.
   3. The Committee shall adopt its rules of procedure.
                                                                   96/61/EC (adapted)
                                                 Article 21
                                         Transitional provisions
   1. The provisions of Directive 84/360/EEC, the provisions of Articles 4, 5 and 6 (2) of
   Directive 2006/11/EC and the relevant provisions concerning authorization systems in the
   Directives listed in Annex II shall apply, without prejudice to the exceptions provided for in
   Directive 2001/80/EC, to existing installations in respect of activities listed in Annex I until
   the measures required pursuant to Article 5 of this Directive have been taken by the
   competent authorities.
   2. The relevant provisions concerning authorization systems in the Directives referred to in
   paragraph 1 shall not apply to installations which are new on ⌦ 30 October 1999 ⌫ in
   respect of the activities listed in Annex I.
   3. Directive 84/360/EEC shall be repealed ⌦ on 30 October 2007 ⌫.
   Acting on a proposal from the Commission, the ⌦ European Parliament and/or the ⌫
   Council shall, where necessary, amend the relevant provisions of the Directives referred to in
   Annex II in order to adapt them to the requirements of this Directive before
   ⌦ 30 October 2007 ⌫.
   20
           OJ L 182, 16.7.1999, p. 1.
EN                                                   22                                             EN
 ---pagebreak---                                                Article 22
                                       ⌦ Communication ⌫
   Member States shall communicate to the Commission the texts of the main provisions of
   national law which they adopt in the field covered by this Directive.
                                               Article 23
   Directive 96/61/EC, as amended by the acts listed in Annex VI, Part A, is repealed, without
   prejudice to the obligations of the Member States relating to the time-limits for transposition
   into national law of the Directives set out in Annex VI, Part B.
   References to the repealed Directive shall be construed as references to this Directive and
   shall be read in accordance with the correlation table in Annex VII.
                                                                  96/61/EC
                                               Article 24
   This Directive shall enter into force on the twentieth day following that of its publication in
   the Official Journal of the European Union.
                                               Article 25
   This Directive is addressed to the Member States.
   Done at Brussels, […]
   For the European Parliament                    For the Council
   The President                                  The President
   […]                                            […]
EN                                                 23                                              EN
 ---pagebreak---                                                                 96/61/EC
                                            ANNEX I
      CATEGORIES OF INDUSTRIAL ACTIVITIES REFERRED TO IN ARTICLE 1
   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
         in the same installation or on the same site, the capacities of such activities are added
         together.
   1.    ENERGY INDUSTRIES
                                                                96/61/EC (adapted)
   1.1.  Combustion installations with a rated thermal input exceeding 50 MW
                                                                96/61/EC
   1.2.  Mineral oil and gas refineries
   1.3.  Coke ovens
   1.4.  Coal gasification and liquefaction plants
   2.    PRODUCTION AND PROCESSING OF METALS
   2.1.  Metal ore (including sulphide ore) roasting or sintering installations
   2.2.  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)    hot-rolling mills with a capacity exceeding 20 tonnes of crude steel per hour
         (b)    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.  Ferrous metal foundries with a production capacity exceeding 20 tonnes per day
   2.5.  Installations
EN                                              24                                                 EN
 ---pagebreak---         (a)    for the production of non-ferrous crude metals from ore, concentrates or
               secondary raw materials by metallurgical, chemical or electrolytic processes
        (b)    for the smelting, 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
   2.6. Installations for surface treatment of metals and plastic materials using an electrolytic
        or chemical process where the volume of the treatment vats exceeds 30 m3
   3.   MINERAL INDUSTRY
   3.1. Installations for the production of cement clinker in rotary kilns with a production
        capacity exceeding 500 tonnes per day or lime in rotary kilns with a production
        capacity exceeding 50 tonnes per day or in other furnaces with a production capacity
        exceeding 50 tonnes per day
   3.2. Installations for the production of asbestos and the manufacture of asbestos-based
        products
   3.3. Installations for the manufacture of glass including glass fibre with a melting
        capacity exceeding 20 tonnes per day
   3.4. Installations for melting mineral substances including the production of mineral
        fibres with a melting capacity exceeding 20 tonnes per day
   3.5. Installations for the manufacture of ceramic products by firing, in particular roofing
        tiles, bricks, refractory bricks, tiles, stoneware or porcelain, with a production
        capacity exceeding 75 tonnes per day, and/or with a kiln capacity exceeding 4 m3
        and with a setting density per kiln exceeding 300 kg/m3
   4.   CHEMICAL INDUSTRY
        Production within the meaning of the categories of activities contained in this section
        means the production on an industrial scale by chemical processing of substances or
        groups of substances listed in points 4.1 to 4.6
   4.1. Chemical installations for the production of basic organic chemicals, such as:
        (a)    simple hydrocarbons (linear or cyclic, saturated or unsaturated, aliphatic or
               aromatic)
        (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
EN                                              25                                                EN
 ---pagebreak---          (e)    phosphorus-containing hydrocarbons
         (f)    halogenic hydrocarbons
         (g)    organometallic compounds
         (h)    basic plastic materials (polymers synthetic fibres and cellulose-based fibres)
         (i)    synthetic rubbers
         (j)    dyes and pigments
         (k)    surface-active agents and surfactants
   4.2.  Chemical installations for the production of basic inorganic chemicals, such as:
         (a)    gases, such as ammonia, chlorine or hydrogen chloride, fluorine or hydrogen
                fluoride, carbon oxides, sulphur compounds, nitrogen oxides, hydrogen,
                sulphur dioxide, carbonyl chloride
         (b)    acids, such as chromic acid, hydrofluoric acid, phosphoric acid, nitric acid,
                hydrochloric acid, sulphuric acid, oleum, sulphurous acids
         (c)    bases, such as ammonium hydroxide, potassium hydroxide, sodium hydroxide
         (d)    salts, such as ammonium chloride, potassium chlorate, potassium carbonate,
                sodium carbonate, perborate, silver nitrate
         (e)    non-metals, metal oxides or other inorganic compounds such as calcium
                carbide, silicon, silicon carbide
   4.3.  Chemical installations for the production of phosphorous-, nitrogen- or potassium-
         based fertilizers (simple or compound fertilizers)
   4.4.  Chemical installations for the production of basic plant health products and of
         biocides
   4.5.  Installations using a chemical or biological process for the production of basic
         pharmaceutical products
   4.6.  Chemical installations for the production of explosives
   5.    WASTE MANAGEMENT
         Without prejudice to Article 11 of Directive 2006/12/EC or Article 3 of Council
         Directive 91/689/EEC1:
   5.1.  Installations for the disposal or recovery of hazardous waste as defined in the list
         referred to in Article 1 (4) of Directive 91/689/EEC, as defined in Annexes II A and
   1
        OJ L 377, 31.12.1991, p. 20.
EN                                                26                                           EN
 ---pagebreak---          II B (operations R1, R5, R6, R8 and R9) to Directive 2006/12/EC and in Council
         Directive 75/439/EEC2, with a capacity exceeding 10 tonnes per day
                                                                96/61/EC (adapted)
   5.2.  Installations for the incineration of ⌦ mixed ⌫ municipal waste as defined in
         Directive 2000/76/EC of the European Parliament and of the Council3 with a
         capacity exceeding 3 tonnes per hour
                                                                96/61/EC
   5.3.  Installations for the disposal of non-hazardous waste as defined in Annex II A to
         Directive 2006/12/EC under headings D8 and D9, with a capacity exceeding 50
         tonnes per day
   5.4.  Landfills receiving more than 10 tonnes per day or with a total capacity exceeding
         25 000 tonnes, excluding landfills of inert waste
   6.    OTHER ACTIVITIES
   6.1.  Industrial plants for the production of:
         (a)    pulp from timber or other fibrous materials
                                                                96/61/EC (adapted)
         (b)    paper and ⌦ card ⌫ board with a production capacity exceeding 20 tonnes
                per day
   6.2.  Plants for the pre-treatment (operations such as washing, bleaching, mercerization)
         or dyeing of fibres or textiles where the treatment capacity exceeds 10 tonnes per day
   6.3.  Plants for the tanning of hides and skins where the treatment capacity exceeds 12
         tonnes of finished products per day
   6.4   (a)    Slaughterhouses with a carcase production capacity greater than 50 tonnes per
                day
         (b)    Treatment and processing intended for the production of food products from:
                –      animal raw materials (other than milk) with a finished product production
                       capacity greater than 75 tonnes per day
                –      vegetable raw materials with a finished product production capacity
                       greater than 300 tonnes per day (average value on a quarterly basis)
   2
        OJ L 194, 25.7.1975, p. 23.
   3
        OJ L 332, 28.12.2000, p. 91.
EN                                               27                                              EN
 ---pagebreak---         (c)    Treatment and processing of milk, the quantity of milk received being greater
               than 200 tonnes per day (average value on an annual basis)
   6.5. Installations for the disposal or recycling of animal carcases and animal waste with a
        treatment capacity exceeding 10 tonnes per day
   6.6. Installations for the intensive rearing of poultry or pigs with more than:
        (a)    40 000 places for poultry
        (b)    2 000 places for production pigs (over 30 kg), or
        (c)    750 places for sows
   6.7. Installations for the surface treatment of substances, objects or products using
        organic solvents, in particular for dressing, printing, coating, degreasing,
        waterproofing, sizing, painting, cleaning or impregnating, with a consumption
        capacity of more than 150 kg per hour or more than 200 tonnes per year
   6.8. Installations for the production of carbon (hard-burnt coal) or electrographite by
        means of incineration or graphitization
                                          ___________
EN                                              28                                             EN
 ---pagebreak---                                             ANNEX II
      LIST OF THE DIRECTIVES REFERRED TO IN ARTICLES 19 (2) ⌦ and (3) ⌫
                                             AND 21
   1.      Council Directive 87/217/EEC of 19 March 1987 on the prevention and reduction of
           environmental pollution by asbestos
   2.      Council Directive 82/176/EEC of 22 March 1982 on limit values and quality
           objectives for mercury discharges by the chlor-alkali electrolysis industry
   3.      Council Directive 83/513/EEC of 26 September 1983 on limit values and quality
           objectives for cadmium discharges
   4.      Council Directive 84/156/EEC of 8 March 1984 on limit values and quality
           objectives for mercury discharges by sectors other than the chlor-alkali electrolysis
           industry
   5.      Council Directive 84/491/EEC of 9 October 1984 on limit values and quality
           objectives for discharges of hexachlorocyclohexane
   6.      Council Directive 86/280/EEC of 12 June 1986 on limit values and quality objectives
           for discharges of certain dangerous substances included in List I of the Annex to
           Directive 76/464/EEC
   7.      Directive 2000/76/EC of the European Parliament and of the Council of
           4 December 2000 on the incineration of waste
   8.      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
   9.      Directive 2001/80/EC of the European Parliament and of the Council of
           23 October 2001 on the limitation of emissions of certain pollutants into the air from
           large combustion plants
   10.     Directive 2006/11/EC of the European Parliament and of the Council of 15 February
           2006 on pollution caused by certain dangerous substances discharged into the aquatic
           environment of the Community
   11.     Directive 2006/12/EC of the European Parliament and of the Council of 5 April 2006
           on waste
   12.     Council Directive 75/439/EEC of 16 June 1975 on the disposal of waste oils
   13.     Council Directive 91/689/EEC of 12 December 1991 on hazardous waste
                                                                96/61/EC (adapted)
   14.     ⌦ Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste ⌫
                                           __________
EN                                              29                                                EN
 ---pagebreak---                                                                96/61/EC
                                           ANNEX III
      INDICATIVE LIST OF THE MAIN POLLUTING SUBSTANCES TO BE TAKEN
       INTO ACCOUNT IF THEY ARE RELEVANT FOR FIXING EMISSION LIMIT
                                            VALUES
   AIR
   1.      Sulphur dioxide and other sulphur compounds
   2.      Oxides of nitrogen and other nitrogen compounds
   3.      Carbon monoxide
   4.      Volatile organic compounds
   5.      Metals and their compounds
   6.      Dust
   7.      Asbestos (suspended particulates, fibres)
   8.      Chlorine and its compounds
   9.      Fluorine and its compounds
   10.     Arsenic and its compounds
   11.     Cyanides
   12.     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.      Organohalogen compounds and substances which may form such compounds in the
           aquatic environment
   2.      Organophosphorus compounds
   3.      Organotin compounds
   4.      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
EN                                              30                                        EN
 ---pagebreak---    5.  Persistent hydrocarbons and persistent and bioaccumulable organic toxic substances
   6.  Cyanides
   7.  Metals and their compounds
   8.  Arsenic and its compounds
   9.  Biocides and plant health products
   10. Materials in suspension
   11. Substances which contribute to eutrophication (in particular, nitrates and phosphates)
   12. Substances which have an unfavourable influence on the oxygen balance (and can be
       measured using parameters such as BOD, COD, etc.).
                                       _________
EN                                          31                                                EN
 ---pagebreak---                                              ANNEX IV
   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.       the use of low-waste technology;
   2.       the use of less hazardous substances;
   3.       the furthering of recovery and recycling of substances generated and used in the
            process and of waste, where appropriate;
   4.       comparable processes, facilities or methods of operation which have been tried with
            success on an industrial scale;
   5.       technological advances and changes in scientific knowledge and understanding;
   6.       the nature, effects and volume of the emissions concerned;
   7.       the commissioning dates for new or existing installations;
   8.       the length of time needed to introduce the best available technique;
   9.       the consumption and nature of raw materials (including water) used in the process
            and energy efficiency;
   10.      the need to prevent or reduce to a minimum the overall impact of the emissions on
            the environment and the risks to it;
   11.      the need to prevent accidents and to minimize the consequences for the environment;
                                                                  96/61/EC (adapted)
   12.      the information published by the Commission pursuant to Article 17 (2) ⌦ second
            subparagraph ⌫ or by international organizations.
EN                                                32                                                EN
 ---pagebreak---                                                                2003/35/EC Art. 4 pt. 6 and
                                                            Annex II
                                         ANNEX V
               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 15(1),
            including the description of the elements listed in Article 6(1);
      (b)   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 18 ;
      (c)   details of the competent authorities 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;
      (d)   the nature of possible decisions or, where there is one, the draft decision;
      (e)   where applicable, the details relating to a proposal for the updating of a permit
            or of permit conditions;
      (f)   an indication of the times and places where, or means by which, the relevant
            information will be made available;
      (g)   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)   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;
      (b)   in accordance with the provisions of Directive 2003/4/EC, information other
            than that referred to in point 1 which is relevant for the decision in accordance
            with Article 8 and which only becomes available after the time the public
            concerned was informed in accordance with point 1.
   3. The public concerned shall be entitled to express comments and opinions to the
      competent authority before a decision is taken.
EN                                            33                                               EN
 ---pagebreak---    4. The results of the consultations held pursuant to this Annex must be taken into due
      account in the taking of a decision.
   5. 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                                          34                                              EN
 ---pagebreak---                                             ANNEX VI
                                               Part A
                       Repealed Directive with its successive amendments
                                     (referred to in Article 23)
   Council Directive 96/61/EC
   (OJ L 257, 10.10.1996, p. 26)
       Directive 2003/35/EC of the European Parliament         only Article 4 and Annex II
       and of the Council
       (OJ L 156, 25.6.2003, p. 17)
       Directive 2003/87/EC of the European Parliament         only Article 26
       and of the Council
       (OJ L 275, 25.10.2003, p. 32)
       Regulation (EC) N° 1882/2003 of the European            only point (61) of Annex III
       Parliament and of the Council
       (OJ L 284, 31.10.2003, p. 1)
       Regulation (EC) N° 166/2006 of the European             only Article 21(2)
       Parliament and of the Council
       (OJ L 33, 4.2.2006, p. 1)
                                               Part B
         List of time-limits for transposition into national law (referred to in Article 23)
                         Directive                            Time-limit for transposition
      96/61/EC                                          30 October 1999
      2003/35/EC                                        25 June 2005
      2003/87/EC                                        31 December 2003
                                          _____________
EN                                               35                                          EN
 ---pagebreak---                                               ANNEX VII
                                         CORRELATION TABLE
                  Directive 96/61/EC                                   This Directive
   Article 1                                          Article 1
   Article 2, introductory words                      Article 2, introductory words
   Article 2(1-9)                                     Article 2(1-9)
   Article 2(10)(a)                                   Article 2(10)
   Article 2(10)(b)                                   Article 2(11)
   Article 2(11), first subparagraph, introductory Article 2(l2), first subparagraph, introductory
   wording                                            wording
   Article 2(11), first subparagraph, first indent    Article 2(12), first subparagraph, (a)
   Article 2(11), first subparagraph, second Article 2(12), first subparagraph, (b)
   indent
   Article 2(11), first subparagraph, third indent    Article 2(12), first subparagraph, (c)
   Article 2(11), second subparagraph                 Article 2(12), second subparagraph
   Article 2(12)                                      Article 2(13)
   Article 2(13)                                      Article 2(14)
   Article 2(14)                                      Article 2(15)
   Article 3, first subparagraph                      Article 3(1)
   Article 3, second subparagraph                     Article 3(2)
   Article 4                                          Article 4
   Article 5                                          Article 5
   Article 6(1), first subparagraph, introductory Article 6(1), first subparagraph, introductory
   wording                                            wording
   Article 6(1), first subparagraph, first to tenth Article 6(1), first subparagraph, (a) to (j)
   indent
   Article 6(1), second subparagraph                  Article 6(1), second subparagraph
   Article 6(2)                                       Article 6(2)
EN                                                 36                                              EN
 ---pagebreak---    Article 7 to 12                                     Article 7 to 12
   Article 13(1)                                       Article 13(1)
   Article 13(2), introductory wording                 Article 13(2), introductory wording
   Article 13(2), first to fourth indent               Article 13(2)(a) to (d)
   Article 14, introductory wording                    Article 14, introductory wording
   Article 14, first to third indent                   Article 14(a) to (c)
   Article 15(1), first subparagraph, introductory Article 15(1), first subparagraph, introductory
   wording                                             wording
   Article 15(1), first subparagraph, first to third Article 15(1), first subparagraph, (a) to (c)
   indent
   Article 15(1), second subparagraph                  Article 15(1), second subparagraph
   Article 15(2)                                       Article 15(2)
   Article 15(4)                                       Article 15(3)
   Article 15(5)                                       Article 15(4)
   Article 15a, first subparagraph, introductory Article 16(1)
   and final words
   Article 15a, first subparagraph, (a) and (b)        Article 16(1)(a) and (b)
   Article 15a, second subparagraph                    Article 16(2)
   Article 15a, third subparagraph, first and Article 16(3), first subparagraph
   second sentence
   Article 15a, third subparagraph, third sentence Article 16(3), second subparagraph
   Article 15a, fourth subparagraph                    Article 16(4), first subparagraph
   Article 15a, fifth subparagraph                     Article 16(4), second subparagraph
   Article 15a, sixth subparagraph                     Article 16(5)
   Article 16                                          Article 17
   Article 17                                          Article 18
   Article 18(1), introductory and final words         Article 19(1)
   Article 18(1), first and second indent              Article 19(1)(a) and (b)
EN                                                  37                                             EN
 ---pagebreak---    Article 18(2), first subparagraph           Article 19(2)
   Article 18(2), second subparagraph          Article 19(3)
   Article 19                                  Article 20
   Article 20                                  Article 21
   Article 21(1)                               _______
   Article 21(2)                               Article 22
   _______                                     Article 23
   Article 22                                  Article 24
   Article 23                                  Article 25
   Annex I                                     Annex I
   Annex II                                    Annex II
   Annex III                                   Annex III
   Annex IV                                    Annex IV
   Annex V                                     Annex V
   _______                                     Annex VI
   _______                                     Annex VII
                                      _____________
EN                                          38               EN