Council Directive 84/360/EEC of 28 June 1984 on the combating of air pollution from industrial plants
Modified by
Council Directiveof 23 December 1991standardizing and rationalizing reports on the implementation of certain Directives relating to the environment(91/692/EEC), 31991L0692, December 31, 1991
Directive 2008/1/EC of the European Parliament and of the Councilof 15 January 2008concerning integrated pollution prevention and control(Codified version)(Text with EEA relevance), 32008L0001, January 29, 2008
Council Directiveof 28 June 1984on the combating of air pollution from industrial plants(84/360/EEC)THE COUNCIL OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Economic Community, and in particular Articles 100 and 235 thereof,Having regard to the proposal from the CommissionOJ No C 139, 27. 5. 1983, p. 5.,Having regard to the opinion of the European ParliamentOJ No C 342, 19. 12. 1983, p. 160.,Having regard to the opinion of the Economic and Social CommitteeOJ No C 23, 30. 1. 1984, p. 27.,Whereas the 1973OJ No C 112, 20. 12. 1973, p. 1., 1977OJ No C 139, 13. 6. 1977, p. 1. and 1983OJ No C 46, 17. 2. 1983. p. 1. action programmes of the European Communities on the environment stress the importance of the prevention and reduction of air pollution;Whereas the 1973 and 1977 action programmes in particular provide not only for the objective evaluation of the risks to human health and to the environment from air pollution but also for the formulation of quality objectives and the setting of quality standards, especially for a number of air pollutants regarded as the most hazardous;Whereas the Council has already adopted several Directives under these programmes;Whereas, moreover, under Decision 81/462/EECOJ No L 171, 27. 6. 1981, p. 11. the Community is a party to the Convention on long-range transboundary air pollution;Whereas the 1983 action programme, the general guidelines of which have been approved by the Council of the European Communities and by the representatives of the Member States meeting within the Council, envisages that the Commission will continue its efforts to establish air quality standards and that where appropriate emission standards for certain types of source should be laid down;Whereas all the Member States have laws, regulations and administrative provisions concerning the combating of air pollution from stationary industrial plants; whereas several Member States are in the process of amending the existing provisions;Whereas the disparities between the provisions concerning the combating of air pollution from industrial installations currently in force, or in the process of amendment, in the different Member States are liable to create unequal conditions of competition and thus have a direct effect on the functioning of the common market; whereas, therefore, approximation of the law in this field is required, as provided for by Article 100 of the Treaty;Whereas one of the essential tasks of the Community is to promote throughout the Community a harmonious development of economic activities and a continuous and balanced expansion, tasks which are inconceivable in the absence of a campaign to combat pollution and nuisances or of an improvement in the quality of life and in the protection of the environment;Whereas the Community should and must help increase the effectiveness of action undertaken by the Member States to combat air pollution from stationary industrial plants;Whereas in order to achieve this end certain principles aiming at the implementation of a series of measures and procedures designed to prevent and reduce air pollution from industrial plants within the Community should be introduced;Whereas the Community's endeavours to introduce these principles can be only gradual, bearing in mind the complexity of the situations and the fundamental principles on which the various national policies are based;Whereas initially a general framework should be introduced to permit the Member States to adapt, where necessary, their existing rules to the principles adopted at Community level; whereas the Member States should therefore introduce a system of prior authorization for the operation and substantial alteration of stationary industrial plants which can cause air pollution;Whereas, moreover, the competent national authorities cannot grant such authorization unless a number of conditions have been fulfilled, including the requirements that all appropriate preventive measures are taken, and that the operation of the plant does not result in a significant level of air pollution;Whereas it should be possible to apply special provisions in particularly polluted areas and in areas in need of special protection;Whereas the rules applicable to the authorization procedures and to the determination of emissions must satisfy certain requirements;Whereas in certain situations the competent authorities must explore the need to impose further requirements, which, however, must not result in excessive costs for the undertaking concerned;Whereas the provisions taken pursuant to this Directive are to be applied gradually to existing plants, taking due account of technical factors and the economic effects;Whereas provision must be made for cooperation between the Member States themselves and with the Commission to facilitate implementation of the measures designed to prevent and to reduce air pollution and to develop preventive technology,HAS ADOPTED THIS DIRECTIVE: