This Directive is addressed to the Member States.
Done at Strasbourg, 24 November 2010.
For the European Parliament
The President
J. BUZEK
For the Council
The President
O. CHASTEL
(1) OJ C 182, 4.8.2009, p. 46.
(2) OJ C 325, 19.12.2008, p. 60.
(3) Position of the European Parliament of 10 March 2009 (OJ C 87 E, 1.4.2010, p. 191) and position of the Council at first reading of 15 February 2010 (OJ C 107 E, 27.4.2010, p. 1). Position of the European Parliament of 7 July 2010 (not yet published in the Official Journal) and decision of the Council of 8 November 2010.
(4) OJ L 54, 25.2.1978, p. 19.
(5) OJ L 378, 31.12.1982, p. 1.
(6) OJ L 409, 31.12.1992, p. 11.
(7) OJ L 85, 29.3.1999, p. 1.
(8) OJ L 332, 28.12.2000, p. 91.
(9) OJ L 309, 27.11.2001, p. 1.
(10) OJ L 24, 29.1.2008, p. 8.
(11) OJ L 242, 10.9.2002, p. 1.
(12) OJ L 275, 25.10.2003, p. 32.
(13) OJ L 175, 5.7.1985, p. 40.
(14) OJ L 10, 14.1.1997, p. 13.
(15) OJ L 124, 17.5.2005, p. 4.
(16) OJ L 309, 27.11.2001, p. 22.
(17) OJ L 33, 4.2.2006, p. 1.
(18) OJ L 184, 17.7.1999, p. 23.
(19) OJ C 321, 31.12.2003, p. 1.
(20) OJ L 159, 29.6.1996, p. 1.
(21) OJ L 125, 21.5.2009, p. 75.
(22) OJ L 106, 17.4.2001, p. 1.
(23) OJ L 353, 31.12.2008, p. 1.
(24) OJ L 327, 22.12.2000, p. 1.
(25) OJ L 303, 31.10.1990, p. 6.
(26) OJ L 176, 15.7.2003, p. 37.
(27) OJ L 312, 22.11.2008, p. 3.
(28) Commission Decision 2000/532/EC of 3 May 2000 replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council Decision 94/904/EC establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on hazardous waste (OJ L 226, 6.9.2000, p. 3).
(29) OJ L 143, 30.4.2004, p. 87.
(30) OJ L 143, 30.4.2004, p. 56.
(31) OJ L 372, 27.12.2006, p. 19.
(32) Regulation (EC) No 1221/2009 of the European Parliament and of the Council of 25 November 2009 on the voluntary participation by organisations in a Community eco-management and audit scheme (EMAS) (OJ L 342, 22.12.2009, p. 1).
(33) OJ L 41, 14.2.2003, p. 26.
(34) OJ L 140, 5.6.2009, p. 114.
(35) OJ L 273, 10.10.2002, p. 1.
(36) OJ L 121, 11.5.1999, p. 13.
(37) OJ L 190, 12.7.2006, p. 1.
(38) OJ L 396, 30.12.2006, p. 1.
ANNEX I
Categories of activities referred to in Article 10
The threshold values given below generally refer to production capacities or outputs. Where several activities falling under the same activity description containing a threshold are operated in the same installation, the capacities of such activities are added together. For waste management activities, this calculation shall apply at the level of activities 5.1, 5.3(a) and 5.3(b).
The Commission shall establish guidance on:
(a)
the relationship between waste management activities described in this Annex and those described in Annexes I and II to Directive 2008/98/EC; and
(b)
the interpretation of the term ‘industrial scale’ regarding the description of chemical industry activities described in this Annex.
1. Energy industries
1.1. Combustion of fuels in installations with a total rated thermal input of 50 MW or more
1.2. Refining of mineral oil and gas
1.3. Production of coke
1.4. Gasification or liquefaction of:
(a)
coal;
(b)
other fuels in installations with a total rated thermal input of 20 MW or more.
2. Production and processing of metals
2.1. Metal ore (including sulphide ore) roasting or sintering
2.2. Production of pig iron or steel (primary or secondary fusion) including continuous casting, with a capacity exceeding 2,5 tonnes per hour
2.3. Processing of ferrous metals:
(a)
operation of hot-rolling mills with a capacity exceeding 20 tonnes of crude steel per hour;
(b)
operation of smitheries with hammers the energy of which exceeds 50 kilojoule per hammer, where the calorific power used exceeds 20 MW;
(c)
application of protective fused metal coats with an input exceeding 2 tonnes of crude steel per hour.
2.4. Operation of ferrous metal foundries with a production capacity exceeding 20 tonnes per day
2.5. Processing of non-ferrous metals:
(a)
production of non-ferrous crude metals from ore, concentrates or secondary raw materials by metallurgical, chemical or electrolytic processes;
(b)
melting, including the alloyage, of non-ferrous metals, including recovered products and operation of non-ferrous metal foundries, with a melting capacity exceeding 4 tonnes per day for lead and cadmium or 20 tonnes per day for all other metals.
2.6. Surface treatment of metals or plastic materials using an electrolytic or chemical process where the volume of the treatment vats exceeds 30 m3
3. Mineral industry
3.1. Production of cement, lime and magnesium oxide:
(a)
production of cement clinker in rotary kilns with a production capacity exceeding 500 tonnes per day or in other kilns with a production capacity exceeding 50 tonnes per day;
(b)
production of lime in kilns with a production capacity exceeding 50 tonnes per day;
(c)
production of magnesium oxide in kilns with a production capacity exceeding 50 tonnes per day.
3.2. Production of asbestos or the manufacture of asbestos-based products
3.3. Manufacture of glass including glass fibre with a melting capacity exceeding 20 tonnes per day
3.4. Melting mineral substances including the production of mineral fibres with a melting capacity exceeding 20 tonnes per day
3.5. 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
For the purpose of this section, production within the meaning of the categories of activities contained in this section means the production on an industrial scale by chemical or biological processing of substances or groups of substances listed in points 4.1 to 4.6
4.1. Production of 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 and mixtures of esters, acetates, ethers, peroxides and 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)
plastic materials (polymers, synthetic fibres and cellulose-based fibres);
(i)
synthetic rubbers;
(j)
dyes and pigments;
(k)
surface-active agents and surfactants.
4.2. Production of 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. Production of phosphorous-, nitrogen- or potassium-based fertilisers (simple or compound fertilisers)
4.4. Production of plant protection products or of biocides
4.5. Production of pharmaceutical products including intermediates
4.6. Production of explosives
5. Waste management
5.1. Disposal or recovery of hazardous waste with a capacity exceeding 10 tonnes per day involving one or more of the following activities:
(a)
biological treatment;
(b)
physico-chemical treatment;
(c)
blending or mixing prior to submission to any of the other activities listed in points 5.1 and 5.2;
(d)
repackaging prior to submission to any of the other activities listed in points 5.1 and 5.2;
(e)
solvent reclamation/regeneration;
(f)
recycling/reclamation of inorganic materials other than metals or metal compounds;
(g)
regeneration of acids or bases;
(h)
recovery of components used for pollution abatement;
(i)
recovery of components from catalysts;
(j)
oil re-refining or other reuses of oil;
(k)
surface impoundment.
5.2. Disposal or recovery of waste in waste incineration plants or in waste co-incineration plants:
(a)
for non-hazardous waste with a capacity exceeding 3 tonnes per hour;
(b)
for hazardous waste with a capacity exceeding 10 tonnes per day.
5.3.
(a)
Disposal of non-hazardous waste with a capacity exceeding 50 tonnes per day involving one or more of the following activities, and excluding activities covered by Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment (1):
(i)
biological treatment;
(ii)
physico-chemical treatment;
(iii)
pre-treatment of waste for incineration or co-incineration;
(iv)
treatment of slags and ashes;
(v)
treatment in shredders of metal waste, including waste electrical and electronic equipment and end-of-life vehicles and their components.
(b)
Recovery, or a mix of recovery and disposal, of non-hazardous waste with a capacity exceeding 75 tonnes per day involving one or more of the following activities, and excluding activities covered by Directive 91/271/EEC:
(i)
biological treatment;
(ii)
pre-treatment of waste for incineration or co-incineration;
(iii)
treatment of slags and ashes;
(iv)
treatment in shredders of metal waste, including waste electrical and electronic equipment and end-of-life vehicles and their components.
When the only waste treatment activity carried out is anaerobic digestion, the capacity threshold for this activity shall be 100 tonnes per day.
5.4. Landfills, as defined in Article 2(g) of Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste (2), receiving more than 10 tonnes of waste per day or with a total capacity exceeding 25 000 tonnes, excluding landfills of inert waste
5.5. Temporary storage of hazardous waste not covered under point 5.4 pending any of the activities listed in points 5.1, 5.2, 5.4 and 5.6 with a total capacity exceeding 50 tonnes, excluding temporary storage, pending collection, on the site where the waste is generated
5.6. Underground storage of hazardous waste with a total capacity exceeding 50 tonnes
6. Other activities
6.1. Production in industrial installations of:
(a)
pulp from timber or other fibrous materials;
(b)
paper or card board with a production capacity exceeding 20 tonnes per day;
(c)
one or more of the following wood-based panels: oriented strand board, particleboard or fibreboard with a production capacity exceeding 600 m3 per day.
6.2. Pre-treatment (operations such as washing, bleaching, mercerisation) or dyeing of textile fibres or textiles where the treatment capacity exceeds 10 tonnes per day
6.3. Tanning of hides and skins where the treatment capacity exceeds 12 tonnes of finished products per day
6.4.
(a)
Operating slaughterhouses with a carcass production capacity greater than 50 tonnes per day
(b)
Treatment and processing, other than exclusively packaging, of the following raw materials, whether previously processed or unprocessed, intended for the production of food or feed from:
(i)
only animal raw materials (other than exclusively milk) with a finished product production capacity greater than 75 tonnes per day;
(ii)
only vegetable raw materials with a finished product production capacity greater than 300 tonnes per day or 600 tonnes per day where the installation operates for a period of no more than 90 consecutive days in any year;
(iii)
animal and vegetable raw materials, both in combined and separate products, with a finished product production capacity in tonnes per day greater than:
—
75 if A is equal to 10 or more; or,
—
[300- (22,5 × A)] in any other case,
where ‘A’ is the portion of animal material (in percent of weight) of the finished product production capacity.
Packaging shall not be included in the final weight of the product.
This subsection shall not apply where the raw material is milk only.
Threshold (tonnes per day)
Animal material (% of finished product production capacity)
(c)
Treatment and processing of milk only, the quantity of milk received being greater than 200 tonnes per day (average value on an annual basis).
6.5. Disposal or recycling of animal carcases or animal waste with a treatment capacity exceeding 10 tonnes per day
6.6. Intensive rearing of poultry or pigs:
(a)
with more than 40 000 places for poultry;
(b)
with more than 2 000 places for production pigs (over 30 kg), or
(c)
with more than 750 places for sows.
6.7. Surface treatment of substances, objects or products using organic solvents, in particular for dressing, printing, coating, degreasing, waterproofing, sizing, painting, cleaning or impregnating, with an organic solvent consumption capacity of more than 150 kg per hour or more than 200 tonnes per year
6.8. Production of carbon (hard-burnt coal) or electrographite by means of incineration or graphitisation
6.9. Capture of CO2 streams from installations covered by this Directive for the purposes of geological storage pursuant to Directive 2009/31/EC
6.10. Preservation of wood and wood products with chemicals with a production capacity exceeding 75 m3 per day other than exclusively treating against sapstain
6.11. Independently operated treatment of waste water not covered by Directive 91/271/EEC and discharged by an installation covered by Chapter II
(1) OJ L 135, 30.5.1991, p. 40.
(2) OJ L 182, 16.7.1999, p. 1.
ANNEX II
List of polluting substances
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 including fine particulate matter
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 mixtures 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 mixtures 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 protection 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.)
13. Substances listed in Annex X to Directive 2000/60/EC
ANNEX III
Criteria for determining best available techniques
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. information published by public international organisations.
ANNEX IV
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 21, including the description of the elements listed in Article 12(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 26;
(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 law, 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 Directive 2003/4/EC, information other than that referred to in point 1 which is relevant for the decision in accordance with Article 5 of this Directive 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 to inform the public and for the public concerned to prepare and participate effectively in environmental decision-making subject to this Annex.
ANNEX V
Technical provisions relating to combustion plants