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

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dossier COM(2006)543 - Integrated pollution prevention and control (Codified version).
source COM(2006)543 EN
date 25-09-2006


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

2

3

4

COM(87) 868 PV.

See Annex 3 to Part A of the Conclusions.

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.

See Annex VI, Part A of this proposal.

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.

5.

^ 96/61/EC (adapted) 2006/0170 (COD)

Contents

1.

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:
^_

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

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

2

3

4

5

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 O 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_

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

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)

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

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_

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.

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)

This Directive 13 should 3 establish a general framework for integrated pollution prevention and control. It 3 should 3 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 3 should 3 be promoted by an integrated approach to pollution control.

* 96/61/EC recital 10_

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)

Member States should take the necessary steps in order to ensure that the operator of the industrial activities referred to 3 i n this Directive <3 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)

Some of the provisions adopted pursuant to this Directive must be applied to existing installations after 3 30 October 2007 3 and others 3 had to be applied 3 as from 3 30 October 1999 3.

* 96/61/EC recital 13_

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-

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_

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_

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_

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_

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 longdistance or transfrontier pollution and ensure a high level of protection for the environment as a whole.

* 96/61/EC recital 18_

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_

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.

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_

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_

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_

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_

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)

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 Arhus Convention). Among the objectives of the Arhus 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_

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

pollution activities in the Community. Such an inventory should be prepared by the Commission, assisted by a regulatory committee.

* 96/61/EC recital 25_

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_

Reports on the implementation and effectiveness of this Directive should be drawn up regularly.

* 96/61/EC recital 27_

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)

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 O should set such emission limit values in accordance with the provisions of the Treaty.

* 96/61/EC recital 29_

The provisions of this Directive should apply without prejudice to Community provisions on health and safety at the workplace.
^_

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.

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,

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 O:

‘substance’ means any chemical element and its compounds, with the exception of radioactive substances within the meaning of Council Directive ^ 96/29/Euratom O11 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 O13;

* 96/61/EC_

‘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;

‘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

12

13

‘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 O put into operation no later than ^ 30 October 2000 O;

‘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;

‘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/EC or the Directives implementing it;

‘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;

‘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;

‘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;

‘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)

‘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

2.

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_

‘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;

‘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)

‘the public’ means one or more natural or legal persons and, in accordance with national legislation or practice, their associations, organisations or groups;

‘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:

(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 O14; 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.

3.

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 i not later than ^ 30 October 2007 <3, 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 , Articles 16, 17 and Article 18 i to existing installations as from ^ 30 October 1999 ^.

Article 6

Applications for permits

4.

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.

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.

* 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 Council16 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.

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), i 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;

(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.

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 Council17.

* 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.

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 O, 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 i of Council Directive 91/692/EEC18. 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

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 i 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 i. 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 O 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,

5.

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.

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, 13 have been 3 fixed [3 in Council Directive 1999/31/EC19 3.

* 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.

6.

Article 22


^ Communication O

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 Council The President

For the European Parliament The President

[-]

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)

7.

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

8.

2.4. Ferrous metal foundries with a production capacity exceeding 20 tonnes per day


9.

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

10.

3.2. Installations for the production of asbestos and the manufacture of asbestos-based products


11.

3.3. Installations for the manufacture of glass including glass fibre with a melting capacity exceeding 20 tonnes per day


12.

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

13.

4.3. Chemical installations for the production of phosphorous-, nitrogen- or potassium-based fertilizers (simple or compound fertilizers)


14.

4.4. Chemical installations for the production of basic plant health products and of biocides


15.

4.5. Installations using a chemical or biological process for the production of basic pharmaceutical products


16.

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 i of Directive 91/689/EEC, as defined in Annexes II A and

OJ L 377, 31.12.1991, p. 20.

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

5.2. Installations for the incineration of ^ mixed O 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_

17.

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


18.

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

19.

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


20.

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


21.

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)

OJ L 194, 25.7.1975, p. 23. OJ L 332, 28.12.2000, p. 91.

(c) Treatment and processing of milk, the quantity of milk received being greater than 200 tonnes per day (average value on an annual basis)

22.

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

23.

6.8. Installations for the production of carbon (hard-burnt coal) or electrographite by means of incineration or graphitization


ANNEX II

LIST OF THE DIRECTIVES REFERRED TO IN ARTICLES 19 i & and ^

AND 21

24.

1. Council Directive 87/217/EEC of 19 March 1987 on the prevention and reduction of environmental pollution by asbestos


25.

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


26.

3. Council Directive 83/513/EEC of 26 September 1983 on limit values and quality objectives for cadmium discharges


27.

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


28.

5. Council Directive 84/491/EEC of 9 October 1984 on limit values and quality objectives for discharges of hexachlorocyclohexane


29.

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


30.

7. Directive 2000/76/EC of the European Parliament and of the Council of


31.

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

32.

9. Directive 2001/80/EC of the European Parliament and of the Council of


33.

23 October 2001 on the limitation of emissions of certain pollutants into the air from large combustion plants


34.

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


35.

11. Directive 2006/12/EC of the European Parliament and of the Council of 5 April 2006 on waste


36.

12. Council Directive 75/439/EEC of 16 June 1975 on the disposal of waste oils


37.

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 O

ANNEX III

38.

INDICATIVE LIST OF THE MAIN POLLUTING SUBSTANCES TO BE TAKEN INTO ACCOUNT IF THEY ARE RELEVANT FOR FIXING EMISSION LIMIT


VALUES

AIR

39.

1. Sulphur dioxide and other sulphur compounds


40.

2. Oxides of nitrogen and other nitrogen compounds


41.

3. Carbon monoxide


42.

4. Volatile organic compounds


43.

5. Metals and their compounds


44.

6. Dust


45.

7. Asbestos (suspended particulates, fibres)


46.

8. Chlorine and its compounds


47.

9. Fluorine and its compounds


48.

10. Arsenic and its compounds


49.

11. Cyanides


50.

12. Substances and preparations which have been proved to possess carcinogenic or mutagenic properties or properties which may affect reproduction via the air


51.

13. Polychlorinated dibenzodioxins and polychlorinated dibenzofurans WATER


52.

1. Organohalogen compounds and substances which may form such compounds in the aquatic environment


53.

2. Organophosphorus compounds


54.

3. Organotin compounds


55.

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

56.

5. Persistent hydrocarbons and persistent and bioaccumulable organic toxic substances


57.

6. Cyanides


58.

7. Metals and their compounds


59.

8. Arsenic and its compounds


60.

9. Biocides and plant health products


61.

10. Materials in suspension


62.

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

63.

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 i ^ second subparagraph O or by international organizations.

* 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.

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 23)


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)


Directive 2003/87/EC of the European Parliament

and of the Council

(OJ L 275, 25.10.2003, p. 32)


Regulation (EC) N° 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p.

1)


Regulation (EC) N° 166/2006 of the European Parliament and of the Council (OJ L 33, 4.2.2006, p.

1)


Part B


64.

only Article 4 and Annex II



only Article 26


only point i of Annex III


65.

only Article 21(2)


List of time-limits for transposition into national law (referred to in Article 23)
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/EC

Article 1

Article 2, introductory words Article 2(1-9)

Article 2(10)(a)

Article 2(10)(b)

Article 2(11), first subparagraph, introductory wording

Article 2(11), first subparagraph, first indent

Article 2(11), first subparagraph, second indent

Article 2(11), first subparagraph, third indent Article 2(11), second subparagraph Article 2(12)

Article 2(13)

Article 2(14)

Article 3, first subparagraph Article 3, second subparagraph Article 4 Article 5

Article 6(1), first subparagraph, introductory wording

Article 6(1), first subparagraph, first to tenth indent

Article 6(1), second subparagraph Article 6(2)
This Directive

Article 1

Article 2, introductory words Article 2(1-9)

Article 2(10)

Article 2(11)

Article 2(l2), first subparagraph, introductory wording

Article 2(12), first subparagraph, (a)

Article 2(12), first subparagraph, (b)

Article 2(12), first subparagraph, (c)

Article 2(12), second subparagraph Article 2(13)

Article 2(14)

Article 2(15)

Article 3(1)

Article 3(2)

Article 4 Article 5

Article 6(1), first subparagraph, introductory wording

Article 6(1), first subparagraph, (a) to (j)

Article 6(1), second subparagraph Article 6(2)
Article 7 to 12 Article 13(1)

Article 13 i, introductory wording

Article 13 i, first to fourth indent

Article 14, introductory wording

Article 14, first to third indent

Article 15(1), first subparagraph, introductory wording

Article 15(1), first subparagraph, first to third indent

Article 15(1), second subparagraph Article 15(2)

Article 15(4)

Article 15(5)

Article 15a, first subparagraph, introductory and final words

Article 15a, first subparagraph, (a) and (b)

Article 15a, second subparagraph

Article 15a, third subparagraph, first and second sentence

Article 15a, third subparagraph, third sentence

Article 15a, fourth subparagraph

Article 15a, fifth subparagraph

Article 15a, sixth subparagraph

Article 16

Article 17

Article 18(1), introductory and final words Article 18(1), first and second indent
Article 7 to 12 Article 13(1)

Article 13 i, introductory wording Article 13(2)(a) to (d)

Article 14, introductory wording Article 14(a) to (c)

Article 15(1), first subparagraph, introductory wording

Article 15(1), first subparagraph, (a) to (c)

Article 15(1), second subparagraph Article 15(2)

Article 15(3)

Article 15(4)

Article 16(1)

Article 16(1)(a) and (b)

Article 16(2)

Article 16, first subparagraph

Article 16, second subparagraph Article 16 i, first subparagraph Article 16 i, second subparagraph Article 16(5)

Article 17 Article 18 Article 19(1)

Article 19(1)(a) and (b)
Article 18 i, first subparagraph Article 18 i, second subparagraph Article 19 Article 20 Article 21(1)

Article 21(2)

Article 22 Article 23 Annex I Annex II Annex III Annex IV Annex V
Article 19 i Article 19(3) Article 20 Article 21

Article 22 Article 23 Article 24 Article 25 Annex I Annex II Annex III Annex IV Annex V Annex VI Annex VII

EN 38 EN

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.

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 <S.

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).

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).

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.

14


15


16

^ 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

* 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: O

(a) ^ they have O a sufficient interest, or alternatively,

(b) ^ they maintain O 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.

66.

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

* 2003/35/EC Art. 4 pt. 5(a)

67.

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

^ 96/61/EC (adapted)

Article 21

Transitional provisions

1. The provisions of Directive 84/360/EEC, the provisions of Articles 4, 5 and 6 i 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 13 30 October 1999 3 in respect of the activities listed in Annex I.

3. Directive 84/360/EEC shall be repealed 3 on 30 October 2007 3.

Acting on a proposal from the Commission, the 3 European Parliament and/or the <3 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 3 30 October 2007 3.