Directive 2008/1/EC of the European Parliament and of the Council of 15 January 2008 concerning integrated pollution prevention and control (Codified version) (Text with EEA relevance )
1. "substance" means any chemical element and its compounds, with the exception of radioactive substances within the meaning of Council Directive 96/29/Euratom of 13 May 1996 laying down basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionizing radiationOJ L 159, 29.6.1996, p. 1 .23 April 1990 on the contained use of genetically modified micro-organismsOJ 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 ).12 March 2001 on the deliberate release into the environment of genetically modified organismsOJ 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 ).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; 4. "existing installation" means an installation which on 30 October 1999 , in accordance with legislation existing before that date, was in operation or was authorised or, in the view of the competent authority, was the subject of a full request for authorisation, provided that that installation was put into operation no later than30 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 authorisation 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; 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; for the purposes of this definition, any change to or extension of an operation shall be deemed to be substantial if the change or extension in itself meets the thresholds, if any, set out in Annex I; 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; 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.
(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 of 5 April 2006 on wasteOJ L 114, 27.4.2006, p. 9 .(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.
(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; (j) the main alternatives, if any, studied by the applicant in outline.
(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; (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.
(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.
(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).
(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.
(a) they have a sufficient interest; or (b) they maintain the impairment of a right, where administrative procedural law of a Member State requires this as a precondition.
(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.
(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.
(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.
(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.
(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.
(a) pulp from timber or other fibrous materials; (b) paper and cardboard with a production capacity exceeding 20 tonnes 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).
(a) 40000 places for poultry;(b) 2000 places for production pigs (over 30 kg); or(c) 750 places for sows.
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.
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.
(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.
(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.
| only Article 4 and Annex II | |
| only Article 26 | |
| only point (61) of Annex III | |
| only Article 21(2) |
| Directive | Time-limit for transposition |
|---|---|
| 96/61/EC | |
| 2003/35/EC | |
| 2003/87/EC |
| 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 wording | Article 2(12), first subparagraph, introductory wording |
| Article 2(11), first subparagraph, first indent | Article 2(12), first subparagraph, (a) |
| Article 2(11), first subparagraph, second indent | Article 2(12), first subparagraph, (b) |
| 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 wording | Article 6(1), first subparagraph, introductory wording |
| Article 6(1), first subparagraph, first to tenth indent | Article 6(1), first subparagraph, (a) to (j) |
| Article 6(1), second subparagraph | Article 6(1), second subparagraph |
| Article 6(2) | Article 6(2) |
| 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 wording | Article 15(1), first subparagraph, introductory wording |
| Article 15(1), first subparagraph, first to third indent | Article 15(1), first subparagraph, (a) to (c) |
| 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 and final words | Article 16(1) |
| 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 second sentence | Article 16(3), first subparagraph |
| 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) |
| Article 18(2), first subparagraph | Article 19(2) |
| Article 18(2), second subparagraph | Article 19(3) |
| Article 19 | — |
| Article 20(1) | Article 20(1) |
| Article 20(2) | Article 20(2) |
| Article 20(3), first subparagraph | Article 20(3), first subparagraph |
| Article 20(3), second subparagraph | — |
| Article 20(3), third subparagraph | Article 20(3), second subparagraph |
| Article 21(1) | — |
| Article 21(2) | Article 21 |
| — | Article 22 |
| Article 22 | Article 23 |
| Article 23 | Article 24 |
| Annex I | Annex I |
| Annex II | Annex II |
| Annex III | Annex III |
| Annex IV | Annex IV |
| Annex V | Annex V |
| — | Annex VI |
| — | Annex VII |