Annexes to COM(2006)543 - Integrated pollution prevention and control (Codified version)

Please note

This page contains a limited version of this dossier in the EU Monitor.

dossier COM(2006)543 - Integrated pollution prevention and control (Codified version).
document COM(2006)543 EN
date January 15, 2008
Annex VI, Part A.

(5) OJ C 138, 17.5.1993, p. 1.

(6) OJ L 188, 16.7.1984, p. 20. Directive as amended by Directive 91/692/EEC (OJ L 377, 31.12.1991, p. 48).

(7) OJ L 64, 4.3.2006, p. 52.

(8) 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).

(9) OJ L 159, 29.6.1996, p. 1.

(10) OJ L 117, 8.5.1990, p. 1. Directive as last amended by Commission Decision 2005/174/EC (OJ L 59, 5.3.2005, p. 20).

(11) OJ L 106, 17.4.2001, p. 1. Directive as last amended by Regulation (EC) No 1830/2003 (OJ L 268, 18.10.2003, p. 24).

(12) OJ L 114, 27.4.2006, p. 9.

(13) OJ L 309, 27.11.2001, p. 1. Directive as last amended by Council Directive 2006/105/EC (OJ L 363, 20.12.2006, p. 368).

(14) OJ L 10, 14.1.1997, p. 13. Directive as last amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).

(15) OJ L 275, 25.10.2003, p. 32. Directive as amended by Directive 2004/101/EC (OJ L 338, 13.11.2004, p. 18).

(16) OJ L 41, 14.2.2003, p. 26.

(17) OJ L 377, 31.12.1991, p. 48. Directive as amended by Regulation (EC) No 1882/2003.

(18) OJ L 182, 16.7.1999, p. 1. Directive as amended by Regulation (EC) No 1882/2003.


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

1.1.   Combustion installations with a rated thermal input exceeding 50 MW.

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 kilojoules 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:

(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;

(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 fertilisers (simple or compound fertilisers).

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/EEC of 12 December 1991 on hazardous waste (1):

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 II B (operations R1, R5, R6, R8 and R9) to Directive 2006/12/EC and in Council Directive 75/439/EEC of 16 June 1975 on the disposal of waste oils (2), with a capacity exceeding 10 tonnes per day.

5.2.   Installations for the incineration of municipal waste (household waste and similar commercial, industrial and institutional wastes) with a capacity exceeding 3 tonnes per hour.

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;

(b)paper and cardboard with a production capacity exceeding 20 tonnes per day.

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

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

(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).

(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 graphitisation.


(1) OJ L 377, 31.12.1991, p. 20. Directive as last amended by Regulation (EC) No 166/2006 of the European Parliament and of the Council (OJ L 33, 4.2.2006, p. 1).

(2) OJ L 194, 25.7.1975, p. 23. Directive as last amended by Directive 2000/76/EC of the European Parliament and of the Council (OJ L 332, 28.12.2000, p. 91).


ANNEX II

LIST OF THE DIRECTIVES REFERRED TO IN ARTICLES 19(2), (3) AND 20

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 harmonising 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.

14.Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste.


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.

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.).


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 minimise the consequences for the environment;

12.the information published by the Commission pursuant to Article 17(2), second subparagraph, or by international organisations.


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.

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.


ANNEX VI

PART A

Repealed Directive with its successive amendments (referred to in Article 22)

Council Directive 96/61/EC

(OJ L 257, 10.10.1996, p. 26).
Directive 2003/35/EC of the European Parliament and of the Council

(OJ L 156, 25.6.2003, p. 17).
only Article 4 and Annex II
Directive 2003/87/EC of the European Parliament and of the Council

(OJ L 275, 25.10.2003, p. 32).
only Article 26
Regulation (EC) No 1882/2003 of the European Parliament and of the Council

(OJ L 284, 31.10.2003, p. 1).
only point (61) of Annex III
Regulation (EC) No 166/2006 of the European Parliament and of the Council

(OJ L 33, 4.2.2006, p. 1).
only Article 21(2)


PART B

List of time-limits for transposition into national law (referred to in Article 22)

DirectiveTime-limit for transposition
96/61/EC30 October 1999
2003/35/EC25 June 2005
2003/87/EC31 December 2003


ANNEX VII

CORRELATION TABLE

Directive 96/61/ECThis Directive
Article 1Article 1
Article 2, introductory wordsArticle 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 wordingArticle 2(12), first subparagraph, introductory wording
Article 2(11), first subparagraph, first indentArticle 2(12), first subparagraph, (a)
Article 2(11), first subparagraph, second indentArticle 2(12), first subparagraph, (b)
Article 2(11), first subparagraph, third indentArticle 2(12), first subparagraph, (c)
Article 2(11), second subparagraphArticle 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 subparagraphArticle 3(1)
Article 3, second subparagraphArticle 3(2)
Article 4Article 4
Article 5Article 5
Article 6(1), first subparagraph, introductory wordingArticle 6(1), first subparagraph, introductory wording
Article 6(1), first subparagraph, first to tenth indentArticle 6(1), first subparagraph, (a) to (j)
Article 6(1), second subparagraphArticle 6(1), second subparagraph
Article 6(2)Article 6(2)
Article 7 to 12Article 7 to 12
Article 13(1)Article 13(1)
Article 13(2), introductory wordingArticle 13(2), introductory wording
Article 13(2), first to fourth indentArticle 13(2)(a) to (d)
Article 14, introductory wordingArticle 14, introductory wording
Article 14, first to third indentArticle 14(a) to (c)
Article 15(1), first subparagraph, introductory wordingArticle 15(1), first subparagraph, introductory wording
Article 15(1), first subparagraph, first to third indentArticle 15(1), first subparagraph, (a) to (c)
Article 15(1), second subparagraphArticle 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 and final wordsArticle 16(1)
Article 15a, first subparagraph, (a) and (b)Article 16(1)(a) and (b)
Article 15a, second subparagraphArticle 16(2)
Article 15a, third subparagraph, first and second sentenceArticle 16(3), first subparagraph
Article 15a, third subparagraph, third sentenceArticle 16(3), second subparagraph
Article 15a, fourth subparagraphArticle 16(4), first subparagraph
Article 15a, fifth subparagraphArticle 16(4), second subparagraph
Article 15a, sixth subparagraphArticle 16(5)
Article 16Article 17
Article 17Article 18
Article 18(1), introductory and final wordsArticle 19(1)
Article 18(1), first and second indentArticle 19(1)(a) and (b)
Article 18(2), first subparagraphArticle 19(2)
Article 18(2), second subparagraphArticle 19(3)
Article 19—
Article 20(1)Article 20(1)
Article 20(2)Article 20(2)
Article 20(3), first subparagraphArticle 20(3), first subparagraph
Article 20(3), second subparagraph—
Article 20(3), third subparagraphArticle 20(3), second subparagraph
Article 21(1)—
Article 21(2)Article 21
—Article 22
Article 22Article 23
Article 23Article 24
Annex IAnnex I
Annex IIAnnex II
Annex IIIAnnex III
Annex IVAnnex IV
Annex VAnnex V
—Annex VI
—Annex VII