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Document L:2018:208:FULL

Official Journal of the European Union, L 208, 17 August 2018


Display all documents published in this Official Journal
 

ISSN 1977-0677

Official Journal

of the European Union

L 208

European flag  

English edition

Legislation

Volume 61
17 August 2018


Contents

 

II   Non-legislative acts

page

 

 

REGULATIONS

 

*

Commission Delegated Regulation (EU) 2018/1145 of 7 June 2018 amending Delegated Regulation (EU) 2017/891 as regards producer organisations in the fruit and vegetables sector

1

 

*

Commission Implementing Regulation (EU) 2018/1146 of 7 June 2018 amending Implementing Regulation (EU) 2017/892 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to the fruit and vegetables and processed fruit and vegetables sectors and Regulation (EC) No 606/2009 laying down certain detailed rules for implementing Council Regulation (EC) No 479/2008 as regards the categories of grapevine products, oenological practices and the applicable restrictions

9

 

 

DECISIONS

 

*

Commission Implementing Decision (EU) 2018/1147 of 10 August 2018 establishing best available techniques (BAT) conclusions for waste treatment, under Directive 2010/75/EU of the European Parliament and of the Council (notified under document C(2018) 5070)  ( 1 )

38

 

*

Decision (EU) 2018/1148 of the European Central Bank of 10 August 2018 on the eligibility of marketable debt instruments issued or fully guaranteed by the Hellenic Republic and repealing Decision (EU) 2016/1041 (ECB/2018/21)

91

 

 

RECOMMENDATIONS

 

*

Commission Recommendation (EU) 2018/1149 of 10 August 2018 on non-binding guidelines for the identification of conflict-affected and high-risk areas and other supply chain risks under Regulation (EU) 2017/821 of the European Parliament and of the Council

94

 


 

(1)   Text with EEA relevance.

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.


II Non-legislative acts

REGULATIONS

17.8.2018   

EN

Official Journal of the European Union

L 208/1


COMMISSION DELEGATED REGULATION (EU) 2018/1145

of 7 June 2018

amending Delegated Regulation (EU) 2017/891 as regards producer organisations in the fruit and vegetables sector

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 37 thereof,

Whereas:

(1)

Commission Delegated Regulation (EU) 2017/891 (2) supplements Regulation (EU) No 1308/2013 with regard to the fruit and vegetables and processed fruit and vegetables sectors. Regulation (EU) 2017/2393 of the European Parliament and of the Council (3) has amended Regulation (EU) No 1308/2013 in particular as regards the aid to the producer organisations in the fruit and vegetables sector. Therefore, Delegated Regulation (EU) 2017/891 should reflect the amendments to the relevant provisions of Regulation (EU) No 1308/2013.

(2)

Provisions on national financial assistance in the fruit and vegetables sector should be updated.

(3)

Provisions concerning the cases in which producer members of a producer organisation should be allowed to sell a certain percentage of their products outside the producer organisation where the producer organisation so authorises in its statutes and where this is in compliance with the terms and conditions of the Member State need to be clarified. The threshold of the sales outside the producer organisation needs to be clarified.

(4)

New measures on coaching between producer organisations and on replenishment of mutual funds in operational programmes should be eligible for Union financial assistance.

(5)

Member States may continue to provide national financial assistance from national budget to producer organisations in regions of the Union where the organisation degree is particularly low. Consequently, conditions under which national financial assistance may be granted in the fruit and vegetables sector as well as the method of calculation of the degree of organisation referred to in Article 34(3) of Regulation (EU) No 1308/2013 should be laid down to avoid distortions of the internal market in the Union.

(6)

Provisions concerning eligibility of certain investments for Union financial assistance need to be clarified.

(7)

Eligible and non-eligible actions related to promotion and communication, including actions and activities aimed at diversification and consolidation on the fruit and vegetable markets, whether for prevention of a crisis or during a crisis period, need to be clarified as regards the eligibility of actions and activities for Union financial assistance.

(8)

Provisions relating to the annual reports on producer organisations, associations of producers organisations, including transnational associations of producer organisations, and producer groups, and on operational funds, operational programmes and recognition plans should be simplified. They need to enable the Commission to adequately monitor the sector.

(9)

Delegated Regulation (EU) 2017/891 should therefore be amended accordingly.

(10)

Transitional provisions should be laid down to ensure a smooth transition from the existing requirements, measures and actions laid down in Delegated Regulation (EU) 2017/891 to the new ones provided for in this Regulation.

(11)

This Regulation should apply from the same date as Regulation (EU) 2017/2393. However, the provisions concerning national financial assistance, indicators and monitoring should apply from 1 January 2019 to allow Member States and economic operators time to adapt to the new rules,

(12)

The conditions for the application of the new measures and actions eligible for Union financial assistance set out in Regulation (EU) No 1308/2013 should apply from the date of application of the amendments to that Regulation introduced by Regulation (EU) 2017/2393 to ensure market stability for producer organisations and their members, in particular given that those measures concern mainly crisis management and prevention and to enable them to fully benefit from the new measures. To safeguard legitimate expectations, producer organisations may choose to continue the ongoing operational programmes under the rules applicable at the time of the approval of the programmes or to modify their operational programmes to benefit from the new measures and actions eligible for Union financial assistance, as set out in Regulation (EU) No 1308/2013,

HAS ADOPTED THIS REGULATION:

Article 1

Amendments to Delegated Regulation (EU) 2017/891

Delegated Regulation (EU) 2017/891 is amended as follows:

(1)

Article 2(e) is replaced as follows:

‘(e)

“transnational association of producer organisations” means any association of producer organisations in which at least one of the associated organisations or associations is located in a Member State other than where the association has its head office;’;

(2)

Article 12 is replaced as follows:

‘Article 12

Marketing of the production outside the producer organisation

1.   Where the producer organisation so authorises in its statutes and where this is in compliance with the terms and conditions laid down by the Member State and the producer organisation, the producer members may:

(a)

sell products directly or outside their holdings to consumers for their personal needs;

(b)

market by themselves or through another producer organisation designated by their own producer organisation, quantities of products which, in terms of volume or value, are marginal compared to the volume or value of marketable production of their organisation of the products concerned;

(c)

market by themselves or through another producer organisation designated by their own producer organisation, products which because of their characteristics or because of the limited production in volume or in value of the producer members, are normally not covered by the commercial activities of the producer organisation.

2.   The percentage of the production that the producer members market outside the producer organisation, as referred to in paragraph 1 shall not exceed 25 % in volume or in value of the marketable production of each producer member.

However, Member States may set a lower percentage of the production that the producer members may market outside the producer organisation than the one set out in the first subparagraph. Member States may increase that percentage up to 40 % in case of products covered by Council Regulation (EC) No 834/2007 (*1) or where producer members market their production through another producer organisation designated by their own producer organisation.

(*1)  Council Regulation (EC) No 834/2007 of 28 June 2007 on organic production and labelling of organic products and repealing Regulation (EEC) No 2092/91 (OJ L 189, 20.7.2007, p. 1).’;"

(3)

in Article 22, paragraph 10 is replaced as follows:

‘10.   Where a reduction in production occurs due to a natural disaster, climatic event, animal or plant diseases or pest infestations, any insurance indemnification received in respect of harvest insurance actions covered by Section 7 of Chapter III, or equivalent actions managed by the producer organisation or its producer members, due to those causes may be included in the value of marketed production.’;

(4)

in Article 30, paragraph 2 is replaced by the following:

‘2.   Producer organisations or associations of producer organisations which have been granted the support provided in Article 27 of Regulation (EU) No 1305/2013 or Article 19 of Commission Regulation (EU) No 702/2014 (*2) may implement an operational programme in the same period provided that the Member State concerned ensures that the beneficiaries receive support for any given action only under one scheme.

(*2)  Commission Regulation (EU) No 702/2014 of 25 June 2014 declaring certain categories of aid in the agricultural and forestry sectors and in rural areas compatible with the internal market in application of Articles 107 and 108 of the Treaty on the Functioning of the European Union (OJ L 193, 1.7.2014, p. 1).’;"

(5)

in the first subparagraph of Article 31(6), the first sentence is replaced by the following:

‘Investments, including those under leasing contracts, may be financed through the operational fund in one amount or in instalments that were approved in the operational programme.’;

(6)

in Chapter III of Title II, Section 3 is replaced by the following:

Section 3

Support related to mutual funds

Article 40

Support related to mutual funds

1.   Member States shall adopt detailed provisions concerning support for the administrative cost of setting up mutual funds and the replenishment of mutual funds, as referred to in point (d) of the first subparagraph of Article 33(3) of Regulation (EU) No 1308/2013.

2.   The support for the administrative cost of setting up mutual funds referred to in paragraph 1 shall comprise both the Union financial assistance and the contribution from the producer organisation. The total amount of that support shall not exceed 5 %, 4 % or 2 % of the contribution of the producer organisation to the mutual fund in the first, second and third year of its operation, respectively.

3.   A producer organisation may receive the support for the administrative cost of setting up mutual funds referred to in paragraph 1, only once and only within the three first years of the operation of the mutual fund. Where a producer organisation only asks for that support in the second or the third year of operation of the mutual funds, the support shall be 4 % or 2 % of the contribution of the producer organisation to the mutual fund in the second and third year of its operation, respectively.

4.   Member States may fix ceilings for the amounts that may be received by a producer organisation as a support related to mutual funds.’;

(7)

in Chapter III of Title II, the following Section 8 is added:

Section 8

Support related to coaching

Article 51a

Implementation of coaching measures

1.   For the purposes of Article 33(3)(i) of Regulation (EU) No 1308/2013, the following coaching measures shall be eligible for support:

(a)

exchange of best practices related to crisis prevention and management measures referred to in Article 33(3) of Regulation (EU) No 1308/2013, helping recognised producer organisations, producer groups or individual producers to benefit from experience with implementation of crisis prevention and management measures;

(b)

promoting the setting-up of new producer organisations, merging existing ones or enabling individual producers to join an existing producer organisation;

(c)

creating networking opportunities for coaching providers and recipients, to strengthen in particular marketing channels as a means of crisis prevention and management.

2.   The coaching provider shall be the association of producer organisations or the producer organisation. The coaching provider shall be the beneficiary of the support for coaching measures.

3.   The coaching recipient shall be a recognised producer organisation or a producer group located in regions with an organisation rate lower than 20 %, for the three consecutive years preceding the implementation of the operational programme.

Individual producers, non-members of a producer organisation or their associations, may be coaching recipients even if they are located in regions with organisation rate above 20 %.

4.   The expenditure related to coaching shall be part of the crisis prevention and management measures of the operational programme referred to in Article 33(3) of Regulation (EU) No 1308/2013.

Eligible costs related to coaching are listed in Annex III to this Regulation.

All costs identified in Annex III shall be paid to the coaching provider.

5.   Coaching measures shall not be outsourced.’;

(8)

Article 52 is replaced by the following:

‘Article 52

Conditions for the application of national financial assistance

1.   For the purposes of Article 35(1) of Regulation (EU) No 1308/2013, the degree of organisation of producers in a region of a Member State shall be calculated on the basis of the value of fruit and vegetables produced in the region concerned and marketed by:

(a)

recognised producer organisations and associations of producer organisations; and

(b)

producer groups recognised in accordance with Article 125e of Regulation (EC) No 1234/2007 or producer organisations and producer groups recognised in accordance with Article 27 of Regulation (EU) No 1305/2013.

For the purpose of the calculation, the value established as referred to in the first subparagraph shall be divided by the total value of the fruit and vegetables produced in that region.

2.   The value of fruit and vegetables produced in the region concerned and marketed by the organisations, associations and groups referred to in points (a) and (b) of the first subparagraph of paragraph 1 shall only include those products for which those organisations, associations and groups are recognised. Article 22 shall apply mutatis mutandis.

For the calculation of the total value of the fruit and vegetables produced in that region, the methodology set out in Annex I to Regulation (EC) No 138/2004 of the European Parliament and of the Council (*3) shall apply mutatis mutandis.

3.   Only fruit and vegetables produced in the region referred to in paragraph 4 shall benefit from national financial assistance.

4.   Member States shall define the regions as a distinct part of their territory in accordance with objective and non-discriminatory criteria, such as their agronomic and economic characteristics and their regional agricultural/fruit and vegetable potential, or their institutional or administrative structure and for which data are available in order to calculate the degree of organisation referred to in paragraph 1.

The regions defined by a Member State shall not be amended at least for five years unless such amendment is objectively justified, in particular for reasons that are not related to the calculation of the degree of organisation of producers in the region or regions concerned.

5.   Before granting national financial assistance, Member States shall notify the Commission of the list of the region(s) that meet the criteria referred to in paragraphs (1) and (2) of Article 35 of Regulation (EU) No 1308/2013, and of the amount of national financial assistance to be granted to the producer organisations in those regions.

Member States shall notify the Commission of any amendment of the region(s) that meet the criteria referred to in paragraphs (1) and (2) of Article 35 of Regulation (EU) No 1308/2013.

(*3)  Regulation (EC) No 138/2004 of the European Parliament and of the Council of 5 December 2003 on the economic accounts for agriculture in the Community (OJ L 33, 5.2.2004, p. 1).’;"

(9)

Article 56 is replaced by the following:

‘Article 56

Indicators

1.   The operational programmes and the national strategies shall be subject to monitoring and evaluation aimed at assessing the progress made in achieving the objectives set in the operational programmes, as well as their efficiency and the effectiveness in relation to those objectives.

2.   Progress, efficiency and effectiveness referred to in paragraph 1 shall be assessed throughout the implementation of the operational programme on the basis of indicators, set out in Section 4 of Annex II to Implementing Regulation (EU) 2017/892, relating to actions and measures implemented by recognised producer organisations, associations of producer organisations, transnational associations of producer organisations and producer groups during the operational programmes.’;

(10)

Article 57 is modified as follows:

(a)

in paragraph (2), point (c) is replaced by the following:

‘(c)

provide information for reporting requirements.’

(b)

paragraph (3) is amended as follows:

(i)

the second subparagraph is replaced by the following:

‘The evaluation exercise shall examine the progress made in relation to the overall objectives of the programme, based on indicators set out in Section 4 of Annex II to Implementing Regulation (EU) 2017/892’;

(ii)

the last subparagraph is replaced by the following:

‘The evaluation report shall be attached to the corresponding annual report referred to in Article 21 of the Implementing Regulation (EU) 2017/892.’;

(11)

Annex II, III and V are amended in accordance with the Annex to this Regulation.

Article 2

Transitional provisions

Without prejudice to Article 34 of Commission Implementing Regulation (EU) 2017/891, an operational programme approved under Commission Implementing Regulation (EU) No 543/2011 (4) or Delegated Regulation (EU) 2017/891 before 20 January 2018 shall continue to operate until its end under the conditions applicable before 1 January 2018.

However, at the request of a producer organisation or association of producer organisations, Member States may approve amendments of operational programme approved under Implementing Regulation (EU) No 543/2011 or Delegated Regulation (EU) 2017/891 before 20 January 2018. Those amendments shall comply with the requirements of Regulation (EU) No 1308/2013 as amended by Regulation (EU) 2017/2393, of Delegated Regulation (EU) 2017/891 as amended by Article 1 of this Regulation and of Implementing Regulation (EU) 2017/892 as amended by Implementing Regulation (EU) 2018/1146 (5).

Article 3

Entry into force and application

This Regulation shall enter into force the day following that of its publication in the Official Journal of the European Union.

It shall apply from 1 January 2018.

However, points (8), (9) and (10) of Article 1 and point (3) of the Annex shall apply from 1 January 2019.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 7 June 2018.

For the Commission

The President

Jean-Claude JUNCKER


(1)  OJ L 347, 20.12.2013, p. 671.

(2)  Commission Delegated Regulation (EU) 2017/891 of 13 March 2017 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to the fruit and vegetables and processed fruit and vegetables sectors and supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to penalties to be applied in those sectors and amending Commission Implementing Regulation (EU) No 543/2011 (OJ L 138, 25.5.2017, p. 4).

(3)  Regulation (EU) 2017/2393 of the European Parliament and of the Council of 13 December 2017 amending Regulations (EU) No 1305/2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), (EU) No 1306/2013 on the financing, management and monitoring of the common agricultural policy, (EU) No 1307/2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy, (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products and (EU) No 652/2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material (OJ L 350, 29.12.2017, p. 15).

(4)  Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (OJ L 157, 15.6.2011, p. 1).

(5)  Commission Implementing Regulation (EU) 2018/1146 of 7 June 2018 amending Implementing Regulation (EU) 2017/892 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to the fruit and vegetables and processed fruit and vegetables sectors and Regulation (EC) No 606/2009 laying down certain detailed rules for implementing Council Regulation (EC) No 479/2008 as regards the categories of grapevine products, oenological practices and the applicable restrictions (see page 9 of this Official Journal).


ANNEX

The Annexes to Delegated Regulation (EU) 2017/891 are amended as follows:

(1)

Annex II is amended as follows:

(a)

point 20 is replaced as follows:

‘20.

Measures outsourced by the producer organisation or their associations outside the Union, except where a promotion is implemented outside the Union according to Article 14 of Implementing Regulation (EU) 2017/892.’;

(b)

the following new point 21 is added:

‘21.

Export credit linked to actions and activities aimed at diversification and consolidation on the fruit and vegetable markets, whether for prevention or during a crisis period.’;

(2)

in Annex III, the following new points 12, 13 and 14 are added:

‘12.

Costs related to coaching as part of the crisis prevention and management measures of the operational programme.

Eligible costs under this measure shall be:

(a)

costs of organising and delivering coaching; and

(b)

costs of travel, accommodation and per diem expenses of coaching provider.

13.

Costs related to the negotiation and to implementation and management of third country phytosanitary protocols in the territory of the Union if borne by the producer organisation or association of producer organisations as a part of crisis prevention and management measures referred to in Article 33(3)(a) and (c) of Regulation (EU) No 1308/2013, except for reimbursement of third country expenses.

14.

Costs related to promotion and communication measures referred to in Article 14 of Implementing Regulation (EU) 2017/892. Eligible costs under these measures shall be costs related to the organisation and participation in promotion and information events, including public relations work, promotion and information campaigns and may take the form of participation in events, fairs and exhibitions of national, European and international importance. Costs related to technical advisory services are eligible if they are necessary for the organisation or participation of these events or for promotion and information campaigns.’;

(3)

Annex V is replaced by the following:

ANNEX V

Information to be included in the annual report of Member States as referred to in Article 54(b)

All information shall relate to the calendar year being reported on. It shall cover information on checks executed and administrative penalties applied in respect of that. As regards the information that varies during the year the annual report should reflect the state of play on 31 December of the year reported on.

PART A — INFORMATION FOR MARKET MANAGEMENT

1.

Administrative information:

(a)

changes to national legislation adopted in order to implement Section 3 of Chapter II of Title I and Sections 1, 2 and 3 of Chapter III of Title II of Regulation (EU) No 1308/2013;

(b)

changes relating to the national strategy for sustainable operational programmes applicable to operational programmes.

2.

Information related to producer organisations, associations of producer organisations, transnational associations of producer organisations, and producer groups:

(a)

total number of recognised/suspended producer organisations, associations of producer organisations, transnational associations of producer organisations, and producer groups. In addition:

(i)

for associations of producer organisations: number of producer organisations members;

(ii)

for transnational associations of producer organisations: number of producer organisations members and the Member States where these members have their head office;

(b)

total number of producer organisations, associations of producer organisations, transnational associations of producer organisations, and producer groups for which recognition was withdrawn. In addition for transnational associations of producer organisations: number of organisations members and the Member States where these members have their head office;

(c)

total number of mergers between organisations (broken down between total, number of new organisation(s) and new ID number(s));

(d)

number of members (total and broken down between legal entities, natural persons and fruit and vegetables producers);

(e)

total number of organisations/groups with an operational programme/recognition plan (broken down between recognised, suspended and subject to a merger);

(f)

part of the production of products intended for the fresh market (with the indication of their value and volume);

(g)

part of the production of products intended for processing (with the indication of their value and volume);

(h)

area under fruit and vegetable production.

3.

Information related to expenditures:

(a)

expenditures related to producer organisations, associations of producer organisations and transnational associations of producer organisations (broken down between operational fund, final operational fund and national financial assistance);

(b)

total actual expenditures of operational programmes for producer organisations, associations of producer organisations and transnational associations of producer organisations (broken down between actions and measures linked to their objectives);

(c)

total actual expenditures for producer groups;

(d)

withdrawals broken down between categories of products (volume, total expenditure, amount of EU financial assistance and destinations (free distribution, composting, processing industry and others)).

4.

Information relating to monitoring of operational programmes and recognition plans:

(a)

indicators as regards producer organisations, associations of producer organisations and transnational associations of producer organisations (broken down between actions and measures linked to their objectives);

(b)

indicators as regards producer groups.

PART B — INFORMATION FOR THE CLEARANCE OF ACCOUNTS

Information on checks and administrative penalties:

(a)

checks carried out by the Member State: details of bodies visited and dates of visiting;

(b)

checking rates;

(c)

results of checks;

(d)

administrative penalties applied.


17.8.2018   

EN

Official Journal of the European Union

L 208/9


COMMISSION IMPLEMENTING REGULATION (EU) 2018/1146

of 7 June 2018

amending Implementing Regulation (EU) 2017/892 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to the fruit and vegetables and processed fruit and vegetables sectors and Regulation (EC) No 606/2009 laying down certain detailed rules for implementing Council Regulation (EC) No 479/2008 as regards the categories of grapevine products, oenological practices and the applicable restrictions

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 38, Article 182(1) and (4) and Article 223 thereof,

Having regard to Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agriculture policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008 (2), and in particular Article 62(2) thereof

Whereas:

(1)

Commission Implementing Regulation (EU) 2017/892 (3) establishes rules for the application of Regulation (EU) No 1308/2013 with regard to the fruit and vegetables and processed fruit and vegetables sectors. Regulation (EU) 2017/2393 of the European Parliament and of the Council (4) has amended Regulation (EU) No 1308/2013 in particular as regards the aid in the fruit and vegetables sector. Therefore, Implementing Regulation (EU) 2017/892 should reflect the amendments to the relevant provisions of Regulation (EU) No 1308/2013.

(2)

Implementing rules regarding national financial assistance in the fruit and vegetables sector should be updated.

(3)

Details for implementation of the increase of the limit of Union financial assistance from 50 % to 60 % in Member States where producer organisations market less than 20 % of fruit and vegetables production referred to in Article 34(3)(f) of Regulation (EU) No 1308/2013 and in particular the details of the calculation of the degree of organisation of producers in a Member State should be laid down to ensure that the applications for aid and the verification of the conditions for the increase are implemented coherently throughout the Union.

(4)

It should also be clarified that promotion of the products as a crisis measure includes diversifying and consolidating the fruit and vegetables markets.

(5)

Provisions relating to annual reports on producer organisations, associations of producers organisations, including transnational organisations, and producer groups, and on operational funds, operational programmes and recognition plans should be simplified. These reports should enable the Commission to adequately monitor the sector.

(6)

Conditions for the application of the import duties referred to in Article 182 of Regulation (EU) No 1308/2013 which may apply to imports of certain fruit and vegetables should be clarified.

(7)

Where an association of producer organisations or transnational association of producer organisation implements an operational programme Member States should ensure that double funding is avoided, and that appropriate checks are carried out for the actions implemented at the level of the association of producer organisations as well as at the level of its producer organisation members, as required under Regulation (EU) No 1306/2013.

(8)

Annexes I and II to Implementing Regulation (EU) 2017/892 should be updated to simplify Part A of the Annual Report of Member States, common performance indicators and to remove the common baseline indicators.

(9)

Implementing Regulation (EU) 2017/892 should therefore be amended accordingly.

(10)

Point 3 of Section A of Part I of Annex VIII of Regulation (EU) No 1308/2013 sets out an obligation for Member States to notify the Commission of any increase in the limits laid down in point 2 of that section. Commission Regulation (EC) No 606/2009 (5) should be amended to provide for the details concerning the submission of this information by Member States to the Commission.

(11)

This Regulation should apply from the same day as Regulation (EU) 2017/2393. However, provisions that concern reporting should apply from 1 January 2019 to give Member States and the economic operators concerned sufficient time to implement the amendments set out in this Regulation. The flexibility for producer organisations provided for by the new measures and actions should apply brought by the transitional provisions must be implemented together with retroactivity in order to coincide with the application date of Regulation (EU) 2017/2393 so that the application of the amendments in Regulation (EU) No 1308/2013 is respected.

(12)

The conditions for the application of the new measures and actions eligible for Union financial assistance set out in Regulation (EU) No 1308/2013 should apply from the date of application of the amendments to that Regulation introduced by Regulation (EU) 2017/2393 to ensure market stability for producer organisations and their members, in particular given that those measures concern mainly crisis management and prevention and to enable them to fully benefit from the new measures. To safeguard legitimate expectations, producer organisations may choose to continue their operational programmes under the previous legal framework or to modify their operational programmes to benefit from the new measures and actions eligible for Union financial assistance as set out in Regulation (EU) No 1308/2013.

(13)

The measures provided for in this Regulation are in accordance with the opinion of the Committee for the Common Organisation of the Agricultural Markets,

HAS ADOPTED THIS REGULATION:

Article 1

Amendments to Implementing Regulation (EU) 2017/892

Implementing Regulation (EU) 2017/892 is amended as follows:

(1)

The following new Article 8a is inserted:

‘Article 8a

Implementation of increase of the limit of the Union financial assistance from 50 % to 60 %

1.   The increase of the limit of the Union financial assistance from 50 % to 60 % for an operational programme or part of an operational programme of a recognised producer organisation as referred to in Article 34(3)(f) of Regulation (EU) No 1308/2013 shall be granted if:

(a)

the conditions as referred to in Article 34(3)(f) of Regulation (EU) No 1308/2013 are met in each year of implementation of the operational programme and subject to the procedure referred to Article 9(2)(g) of this Regulation;

(b)

a request is made by a recognised producer organisation at the time of submission of its operational programme.

2.   For the purposes of the increase of the limit of the Union financial assistance from 50 % to 60 % for an operational programme or part of it, the rate of marketing of fruit and vegetable production by producer organisations referred to in Article 34(3)(f) of Regulation (EU) No 1308/2013 shall be calculated for each year of the duration of operational programme, as a portion of the value of production marketed by producer organisations in a given Member State, of the total value of the production of fruit and vegetables marketed in the given Member State for the reference period set out in Article 23(1) of Delegated Regulation (EU) 2017/891.

However, Member States applying the alternative method set out in Article 23(3) of Delegated Regulation (EU) 2017/891 shall calculate the rate of marketing of fruit and vegetable production by producer organisations referred to in Article 34(3)(f) of Regulation (EU) No 1308/2013 for each year of the duration of operational programme, as a portion of the value of production marketed by producer organisations in a given Member State, of the total value of the production of fruit and vegetables marketed in the given Member State for the period from 1 January until 31 December of the year preceding the year in which the aid is approved according to Article 8 of this Regulation.

3.   Member States shall notify the requesting producer organisation of the approved amount of aid, including the amount of the increase granted pursuant to Article 34(3)(f) of Regulation (EU) No 1308/2013, at the latest by 15 December of the year preceding the implementation of the operational programme, as set out in Article 8 of this Regulation.

4.   Member States shall verify each year of the duration of the operational programme that the conditions for increase of the limit of the Union financial assistance from 50 % to 60 % as referred to in Article 34(3)(f) of Regulation (EU) No 1308/2013 are met.’;

(2)

In Article 4, paragraph (1)(a) is amended as follows:

‘(a)

a description of the initial situation, based, where relevant, on the indicators listed in Table 4.1 of Annex II;’;

(3)

In Article 9, paragraphs 6 and 7 are replaced by the following:

‘6.   Producer organisations shall submit an application for aid regarding actions that are implemented at the level of the producer organisations in the Member State where they are recognised. If they are members of a transnational association of producer organisations, the producer organisations shall provide the Member State where the transnational association of producer organisations has its headquarters with a copy of the application.

7.   Transnational associations of producer organisations shall submit an application for aid regarding actions implemented at the level of the transnational association in the Member State where that association has its headquarters. Member States shall ensure that there is no double funding risk.’;

(4)

In Article 14, paragraph 1 is replaced by the following:

‘1.   Member States shall adopt provisions on the conditions to be fulfilled by promotion and communication measures, including actions and activities aimed at diversification and consolidation on the fruit and vegetable markets, whether those measures relate to crisis prevention or crisis management. Those provisions shall allow for the rapid application of the measures when required.

The principal aim of those measures shall be enhancing the competitiveness of the products marketed by the producer organisations and their associations in the case of serious market disturbance, loss of consumer confidence or other related problems.

The specific objectives of the promotion and communication measures implemented by the producer organisations and their associations shall be:

(a)

increasing awareness about the quality of agricultural products produced in the Union and about the high quality standards applicable to their production in the Union;

(b)

increasing the competitiveness and consumption of agricultural products and of certain processed products produced in the Union and raising awareness about their quality both inside and outside the Union;

(c)

increasing awareness about Union quality schemes both inside and outside the Union;

(d)

increasing the market share of agricultural products and certain processed products produced in the Union, focusing on the markets in third countries that have the highest growth potential; and

(e)

contributing to the recovery of normal market conditions in the Union market in the event of serious market disturbance, loss of consumer confidence or other related problems.’;

(5)

Chapter III is deleted;

(6)

Article 21 is replaced by the following:

‘Article 21

Information and annual reports from producer groups, producer organisations and associations of producer organisations and annual reports from Member States

At the request of a competent authority of a Member State, producer groups formed pursuant to Article 125e of Regulation (EC) No 1234/2007, recognised producer organisations, associations of producer organisations, transnational associations of producer organisations and producer groups shall provide any relevant information needed for drawing up of the annual report referred to in Article 54(b) of Delegated Regulation (EU) 2017/891.The structure of the annual report is set out in Annex II to this Regulation.

Member States shall take the measures necessary to gather information on the number of members, the volume and the value of marketed production of producer organisations which have not submitted operational programmes. Producer organisations and producer groups referred to in Article 27 of Regulation (EU) No 1305/2013 shall be requested to provide the number of members, the volume and the value of the marketed production.’;

(7)

In Article 33, paragraphs 3 and 4 are replaced by the following:

‘3.   The Member State in which the transnational association of producer organisations has its head office shall:

(a)

have overall responsibility for the organisation of checks in respect of actions of the operational programme implemented at the level of the transnational association and of the operational fund of the transnational association and for the application of administrative penalties where such checks demonstrate that obligations have not been met; and

(b)

ensure the coordination of checks and payments in respect of the actions of the operational programme of the transnational association implemented outside the territory of the Member State where its head office is.

4.   The actions of the operational programmes shall comply with the national rules and with the national strategy of the Member State where, in accordance with Article 9, paragraphs 6 and 7, the application for aid is submitted.

However, environmental and phytosanitary measures and crisis prevention and management measures shall be subject to the rules of the Member State where these measures and actions are actually carried out.’;

(8)

In Article 39, paragraph 1 is replaced by the following:

‘1.   An additional import duty as referred to in Article 182(1) of Regulation (EU) No 1308/2013 may be applied to the products and during the periods listed in Annex VII to this Regulation. That additional import duty shall apply if the quantity of any of the products put into free circulation for any of the periods of application set out in that Annex exceeds the trigger volume for that product unless the imports are unlikely to disturb the Union market, or the effects of the additional import duty would be disproportionate to the intended objective.’;

(9)

Annexes I and II are replaced by the text set out in the Annex to this Regulation.

Article 2

Amendment to Regulation (EC) No 606/2009

In Regulation (EC) No 606/2009 the following new Article 12a is inserted:

‘Article 12a

Notifications of Member States' decisions allowing an increase in natural alcoholic strength

1.   Member States deciding to make use of the possibility to allow an increase in the natural alcoholic strength by volume pursuant to Point 3 of Section A of Part I of Annex VIII of Regulation (EU) No 1308/2013 shall notify the Commission of this before they adopt the decision. In the notification the Member States shall specify the percentages by which the limits laid down in Point 2 of Section A of Part I of Annex VIII of Regulation (EU) No 1308/2013 have been raised, the regions and the varieties concerned by the decision and submit data and evidence showing that the climatic conditions have been exceptionally unfavourable in the regions concerned.

2.   The notification shall be made in accordance with Delegated Regulation (EU) 2017/1183 (*1) and Implementing Regulation (EU) 2017/1185 (*2).

3.   The notification shall be communicated by the Commission to the authorities of the other Member States through the information system put in place by the Commission.

Article 3

Entry into force and application

This Regulation shall enter into force on the day after its publication in the Official Journal of the European Union.

It shall apply from 1 January 2018.

However, points (5), (6) and (9) of Article 1 shall apply from 1 January 2019.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 7 June 2018.

For the Commission

The President

Jean-Claude JUNCKER


(1)  OJ L 347, 20.12.2013, p. 671.

(2)  OJ L 347, 20.12.2013, p. 549.

(3)  Commission Implementing Regulation (EU) 2017/892 of 13 March 2017 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to the fruit and vegetables and processed fruit and vegetables sectors (OJ L 138, 25.5.2017, p. 57).

(4)  Regulation (EU) 2017/2393 of the European Parliament and of the Council of 13 December 2017 amending Regulations (EU) No 1305/2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), (EU) No 1306/2013 on the financing, management and monitoring of the common agricultural policy, (EU) No 1307/2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy, (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products and (EU) No 652/2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material (OJ L 350, 29.12.2017, p. 15).

(5)  Commission Regulation (EC) No 606/2009 of 10 July 2009 laying down certain detailed rules for implementing Council Regulation (EC) No 479/2008 as regards the categories of grapevine products, oenological practices and the applicable restrictions (OJ L 193, 24.7.2009, p. 1).


ANNEX

ANNEX I

Structure and content of a national strategy for sustainable operational programmes as referred to in Article 2

1.   Duration of the national strategy

To be indicated by the Member State.

2.   Analysis of the situation in terms of strengths and weaknesses and potential for development, the strategy chosen to meet them and the justification of the priorities chosen as referred to in Article 36(2)(a) and (b) of Regulation (EU) No 1308/2013.

2.1.   Analysis of the situation

Description of the current situation of the fruit and vegetable sector using quantified data, highlighting strengths and weaknesses, disparities, needs and gaps and potential for development on the basis of the relevant indicators set out in Table 4.1 of Annex II. This description shall concern at least:

the performances of the fruit and vegetables sector: strengths and weaknesses of the sector, competitiveness and the potential for development of the producer organisations;

the environmental effects (impacts, pressures and benefits) of the fruit and vegetables production, including key trends.

2.2.   The strategy chosen to meet strengths and weaknesses

Description of the key areas where intervention is expected to bring the maximum value added:

relevance of the objectives set for the operational programmes, of the expected results and the extent to which they can be realistically achieved;

internal coherence of the strategy, existence of mutually reinforcing interactions and possible conflicts or contradictions between the operational objectives of different actions selected;

complementarity and consistency of the actions selected with other national or regional actions, and with activities supported through Union funds, in particular with the rural development and promotion programmes;

expected results and impact compared to the baseline situation and their contribution to Union objectives.

2.3.   Impact from the previous national strategy (where applicable)

Description of results and impact of operational programmes implemented in the recent past.

3.   Objectives of operational programmes and performance indicators as referred to in Article 36(2)(c) of Regulation (EU) No 1308/2013

Description of the types of actions selected as eligible for support (non-exhaustive list), the objectives pursued, the verifiable targets and the indicators that allow the progress towards achievement of the objectives, efficiency and effectiveness to be assessed.

3.1.   Requirements concerning all or several types of actions

Member States shall ensure that all the actions included in the national strategy and in the national framework are verifiable and controllable. Where the assessment during the implementation of the operational programmes reveals that the requirements of verifiability and controllability are not met, the actions concerned shall be adjusted accordingly or deleted. Where support is granted on the basis of standard flat rates or scales of unit costs, Member States shall ensure that the relevant calculations are adequate and accurate and established in advance on the basis of a fair, equitable and verifiable calculation. Environmental actions shall comply with the requirements set out in Article 33(5) of Regulation (EU) No 1308/2013.

Member States shall adopt safeguards, provisions and checks for ensuring that actions selected as eligible for support are not also supported by other relevant instruments of the common agricultural policy, in particular by rural development and promotion programmes or other national or regional schemes. Effective safeguards in place pursuant to Article 33(6) of Regulation (EU) No 1308/2013, to protect the environment from possible increased pressures coming from investments supported under operational programmes, and eligibility criteria adopted pursuant to Article 36(1) of that Regulation, for ensuring that investments on individual holdings supported under operational programmes respect the objectives set out in Article 191 TFEU and in the seventh Union environment action programme.

3.2.   Specific information required for types of actions aimed at the attainment of the objectives set out or referred to in Article 33(1) of Regulation (EU) No 1308/2013 (to be filled only for the types of actions selected).

3.2.1.   Acquisition of fixed assets

types of investments eligible for support,

other forms of acquisition eligible for support, e.g. renting, leasing,

details on eligibility conditions for support.

3.2.2.   Other actions

description of the types of actions eligible for support,

details on eligibility conditions for support.

4.   Designation of competent authorities and responsible bodies

Designation by the Member State of the national authority responsible for the management, monitoring and evaluation of the national strategy.

5.   A description of the monitoring and evaluation systems

The performance indicators set out by the national strategy shall comprise the indicators provided for in Article 4 and listed in Table 4.1 of Annex II. Where deemed appropriate, the national strategy shall specify additional indicators reflecting national or regional needs, conditions and objectives specific to the national operational programmes.

5.1.   Assessment of the operational programmes and reporting obligations for producer organisations as referred to in Article 36(2)(d) and (e) of Regulation (EU) No 1308/2013.

Description of the monitoring and evaluation requirements and procedures in relation to operational programmes, including the reporting obligations for producer organisations.

5.2.   Monitoring and evaluation of the national strategy

Description of the monitoring and evaluation requirements and procedures in relation to the national strategy.

ANNEX II

Annual Report Part A

STRUCTURE OF THE ANNUAL REPORT – PART A

These forms constitute the part A of the annual report that the competent authorities of the Member States are required to transmit to the European Commission by 15 November each year in the year following the calendar year covered by the report.

These forms are based on the reporting requirements set out in Article 54(b) and in Annex V to Commission Delegated Regulation (EU) 2017/891, laying down detailed rules for the application of Regulation (EU) No 1308/2013 in respect of the fruit and vegetables and processed fruit and vegetables sectors.

1.   Administrative information

Table 1.1.

Changes to national legislation adopted to implement Section 3 of Chapter II of Title I and Sections 1, 2 and 3 of Chapter III of Title II of Regulation (EU) No 1308/2013 (for the fruit and vegetables sector)

Table 1.2.

Changes relating to the national strategy for sustainable operational programmes applicable to operational programmes

2.   Information on producer organisations, transnational producer organisations, associations of producer organisations, transnational association of producer organisations and producer groups

Table 2.1.

Producer organisations

Table 2.2.

Transnational producer organisations

Table 2.3.

Associations of producer organisations

Table 2.4.

Transnational associations of producer organisations

Table 2.5.

Producer groups

3.   Information related to expenditures

Table 3.1.

Expenditures related to producer organisations, transnational producer organisations, associations of producer organisations and transnational associations of producer organisations

Table 3.2.

Total expenditures of operational programmes for producer organisations, transnational producer organisations, associations of producer organisations and transnational associations of producer organisations

Table 3.3.

Total expenditures for producer groups

Table 3.4.

Withdrawals

4.   Monitoring of operational programmes/recognition plans

Table 4.1.

Indicators as regards producer organisations and transnational producer organisations, associations of producer organisations and transnational associations of producer associations

Table 4.2.

Indicators for producer groups

Explanatory notes

Abbreviations

Common market organisation

CMO

Producer group

PG

Producer organisation

PO

Transnational producer organisation

TPO

Association of producers organisation

APO

Transnational association of producers organisation

TAPO

Operational fund

OF

Operational programme

OP

Value of marketed production

VMP

Member State

MS

Country codes

Country name (source language)

Short name (English)

Code

Belgique/België

Belgium

BE

България (*1)

Bulgaria

BG

Česká republika

Czech Republic

CZ

Danmark

Denmark

DK

Deutschland

Germany

DE

Eesti

Estonia

EE

Éire/Ireland

Ireland

IE

Ελλάδα (*1)

Greece

EL

España

Spain

ES

France

France

FR

Italia

Italy

IT

Κύπρος (*1)

Cyprus

CY

Latvija

Latvia

LV

Lietuva

Lithuania

LT

Luxembourg

Luxembourg

LU

Magyarország

Hungary

HU

Malta

Malta

MT

Nederland

Netherlands

NL

Österreich

Austria

AT

Polska

Poland

PL

Portugal

Portugal

PT

Republika Hrvatska

Croatia

HR

România

Romania

RO

Slovenija

Slovenia

SI

Slovensko

Slovakia

SK

Suomi/Finland

Finland

FI

Sverige

Sweden

SE

United Kingdom

United Kingdom

UK

Region codes

Vlaams Gewest

BE2

Région Wallonne

BE3

The indication of the region concerned on the cover page of each section and at the beginning of each table is an option for any Member State that finds it more appropriate to provide a regional breakdown.

Code number (ID) of POs, TPOs, APOs, TAPOs and PGs

The code number of each PO, TPO, APO, TAPO or PG is UNIQUE. If a PO, TPO, APO, TAPO or PG has its recognition withdrawn, the same code number should never be used again.

Monetary values

All monetary values should be expressed in euro, except for those Member States that use a national currency. A “NATIONAL CURRENCY” box is present at the TOP of Tables.

Currency

 

The box should indicate the code of the national currency used.

 

CODE

Euro

EUR

Pound sterling

GBP

Contact point for communication

Member State:

 

Year:

 

Region:

 

 

 


Organisation

Name

 

Postal address

 

Contact person 1

Family name

 

First name

 

Job Title

 

Email address

 

Business phone

 

Business fax

 

Contact person 2

Family name

 

First name

 

Job Title

 

Email address

 

Business phone

 

Business fax

 

Annual Report – Part A

Member State:

 

Year:

 

Region:

 

 

 

SECTION 1

ADMINISTRATIVE INFORMATION

Table 1.1.   Changes to national legislation adopted in order to implement Section 3 of Chapter II of Title I of Regulation (EU) No 1308/2013 (for the fruit and vegetables sector)

National legislation

Title

Publication in the OJ of the Member State

Hyperlink

 

 

 


Table 1.2.   Changes to the national strategy for sustainable operational programmes applicable to operational programmes

National strategy

Changes to the national strategy  (1)

Hyperlink

 

 

Annual Report – Part A

Member State:

 

Year:

 

Region:

 

 

 

SECTION 2

INFORMATION RELATED TO POs, TPOs, APOs, TAPOs AND PGs

Table 2.1.   Producer organisations

Total number of recognised POs

 

Total number of suspended POs

 

Total number of POs for which the recognition was withdrawn

 

Total number of POs that merged with another (or more) PO(s)/APO(s)/TPO(s)/TAPO(s)

Total number of POs concerned

 

Total number of new PO(s)/APO(s)/TPO(s)/TAPO(s)

 

New ID number(s)

 

Number of members of POs

Total

 

Legal entities

 

Natural persons

 

Number of fruit and/or vegetable producers

 

Total number of POs implementing an operational programme

recognised POs

 

suspended POs

 

POs subject to merger

 

Part of the production intended for the fresh market

Value

 

Volume (tonnes)

 

Part of the production intended for processing

Value

 

Volume (tonnes)

 

Total area under fruit and vegetables production (ha)  (*2)

 


Table 2.2.   Transnational producer organisations  (2)

Total number of recognised TPOs

 

 

Number of PO members

 

 

List of MS where PO members have their head office

 

Total number of suspended TPOs

 

 

Number of PO members

 

 

List of MS where PO members have their head office

 

Total number of TPOs for which the recognition was withdrawn

 

 

Number of PO members

 

 

List of MS where PO members have their head office

 

Total number of TPOs that merged with another (or more) TPO(s)/TAPO(s)

Total number of TPOs concerned

 

Total number of new TPO(s)/TAPO(s)

 

New ID number(s)

 

Number of members of TPOs

Total

 

Legal entities

 

Natural persons

 

Number of fruit and/or vegetable producers

 

Total number of TPOs implementing an operational programme

recognised TPOs

with entire OP

 

with partial OP

 

suspended TPOs

with entire OP

 

with partial OP

 

TPOs subject to merger

with entire OP

 

with partial OP

 

Part of the production intended for the fresh market

Value

 

Volume (tonnes)

 

Part of the production intended for processing

Value

 

Volume (tonnes)

 

Total area under fruit and vegetables production (ha)  (*3)

 


Table 2.3.   Associations of producer organisations  (3)

Total number of recognised APOs

 

 

Number of PO members

 

Total number of suspended APOs

 

 

Number of PO members

 

Total number of APOs for which the recognition was withdrawn

 

 

Number of PO members

 

Total number of APOs that merged with another (or more) APO(s)/TAPO(s)

Total number of APOs concerned

 

Total number of new APO(s)/TAPO(s)

 

New ID number(s)

 

Number of members of APOs

Total

 

Legal entities

 

Natural persons

 

Number of fruit and/or vegetable producers

 

Total number of APOs implementing an operational programme

recognised APOs

with entire OP

 

with partial OP

 

suspended APOs

with entire OP

 

with partial OP

 

APOs subject to merger

with entire OP

 

with partial OP

 

Part of the production intended for the fresh market

Value

 

Volume (tonnes)

 

Part of the production intended for processing

Value

 

Volume (tonnes)

 

Total area under fruit and vegetables production (ha)  (*4)

 


Table 2.4.   Transnational associations of producer organisations  (4)

Total number of recognised TAPOs

 

 

Number of PO/TPO/APO members

 

 

List of MS where PO/TPO/APO members have their head office

 

Total number of suspended TAPOs

 

 

Number of PO/TPO/APO members

 

 

List of MS where PO/TPO/APO members have their head office

 

Total number of TAPOs for which the recognition was withdrawn

 

 

Number of PO/TPO/APO members

 

 

List of MS where PO/TPO/APO members have their head office

 

Total number of TAPOs that merged with another (or more) TAPO(s)

Total number of TAPO(s) concerned

 

Total number of new TAPO(s)

 

New ID number(s)

 

Number of members of TAPOs

Total

 

Legal entities

 

Natural persons

 

Number of fruit and/or vegetable producers

 

Total number of TAPOs implementing an operational programme

recognised TAPOs

with entire OP

 

with partial OP

 

suspended TAPOs

with entire OP

 

with partial OP

 

TAPOs subject to merger

with entire OP

 

with partial OP

 

Part of the production intended for the fresh market

Value

 

Volume (tonnes)

 

Part of the production intended for processing

Value

 

Volume (tonnes)

 

Total area under fruit and vegetables production (ha)  (*5)

 


Table 2.5.   Producer groups

Total number of recognised PGs

 

Total number of suspended PGs

 

Total number of PGs for which the recognition was withdrawn

 

Total number of PGs which have become POs

 

Total number of PGs that merged with another (or more) PG(s)

Total number of PGs concerned

 

Total number of new PGs

 

New ID number(s)

 

Number of members of PGs

Total

 

Legal entities

 

Natural persons

 

Number of fruit and/or vegetable producers

 

Part of the production intended for the fresh market

Value

 

Volume (tonnes)

 

Part of the production intended for processing

Value

 

Volume (tonnes)

 

Total area under fruit and vegetables production (ha)  (*6)

 

Annual Report – Part A

Member State:

 

Year:

 

Region:

 

 

 

SECTION 3

EXPENDITURES INFORMATION

Table 3.1.   Expenditures related to POs, TPOs, APOs and TAPOs

 

All POs

All TPOs

All APOs

All TAPOs

Operational Fund

Total approved

 

 

 

 

Amount of the financial contribution of the organisation and/or organisation's members

 

 

 

 

Amount of the Union financial assistance

 

 

 

 

Final Operational Fund

Total spent

 

 

 

 

Amount of the financial contribution of the organisation's members

 

 

 

 

Amount of the Union financial assistance

 

 

 

 

National financial assistance

Amount of the National financial assistance actually paid

 

 

Estimated amount of the National financial assistance actually paid to be reimbursed by the EU

 

List of the beneficiary regions under Article 35 of Regulation (EU) No 1308/2013

 

Value of marketed production (calculated in accordance with Article 22 of Regulation (EU) 2017/891)

 

 

 

 

(Data in Euro or national currency)

Table 3.2.   Total actual expenditures of operational programmes for POs, TPOs, APOs and TAPOs

Actions/Measures

Article 2(f)and (g) of Regulation (EU) 2017/891

Objectives

Articles 33(1) and (3) and 152(1)(c) of Regulation (EU) No 1308/2013

Total actual expenditures (Euro or national currency)

All POs

All TPOs

All APOs

All TAPOs

Investments

Planning of production

 

 

 

 

Improvement of product quality

 

 

 

 

Boosting products' commercial value

 

 

 

 

Environmental measures

 

 

 

 

Crisis prevention and management

 

 

 

 

Research

 

 

 

 

Research and experimental production

Planning of production

 

 

 

 

Improvement of product quality

 

 

 

 

Boosting products' commercial value

 

 

 

 

Environmental measures

 

 

 

 

Quality schemes (EU and national) and measures related to quality improvement

Improvement of product quality

 

 

 

 

Promotion and communications

Boosting products' commercial value

 

 

 

 

Promotion of the products

 

 

 

 

Crisis prevention and management

 

 

 

 

Training and exchange of best practices

Planning of production

 

 

 

 

Improvement of product quality

 

 

 

 

Boosting products' commercial value

 

 

 

 

Environmental measures

 

 

 

 

Crisis prevention and management

 

 

 

 

Advisory services and technical assistance

Planning of production

 

 

 

 

Improvement of product quality

 

 

 

 

Boosting products' commercial value

 

 

 

 

Environmental measures

 

 

 

 

Organic production

Environmental measures

 

 

 

 

Integrated production

 

 

 

 

Improved use or management of water, including water saving and drainage

 

 

 

 

Actions to conserve soil

 

 

 

 

Actions to create or maintain habitat favourable for biodiversity or to maintain the landscape, including the conservation of historical features

 

 

 

 

Actions favouring energy saving (excluding transport)

 

 

 

 

Action related to reduction of waste production and to improve waste management

 

 

 

 

Transport

 

 

 

 

Marketing

 

 

 

 

Setting-up mutual funds

Crisis prevention and management

 

 

 

 

Replenishment of mutual funds

 

 

 

 

Replanting of orchards

 

 

 

 

Market withdrawal

 

 

 

 

Free distribution

 

 

 

 

Other

 

 

 

 

Green-harvesting

 

 

 

 

Non-harvesting

 

 

 

 

Harvest insurance

 

 

 

 

Coaching

 

 

 

 

Administrative costs

Planning of production

 

 

 

 

Improvement of product quality

Boosting products' commercial value

Environmental measures

Crisis prevention and management

Research

Others

Planning of production

 

 

 

 

Improvement of product quality

 

 

 

 

Boosting products' commercial value

 

 

 

 

Environmental measures

 

 

 

 

   Planning of production Articles 33(1)(a) and 152(1)(c)(i),(ii) and (xi)

   Improvement of product quality Articles 33(1)(b) and 152(1)(c)(i),(iv) and (vi)

   Boosting products' commercial value Articles 33(1)(c) and 152(1)(c)(i),(ii),(iii),(iv),(ix) and (xi)

   Promotion of the products Article 33(1)(d) and 152(1)(c)(vi) and (ix)

   Environmental measures Articles 33(1)(e) and 152(1)(c)(iii),(iv), (v),(vii) and (viii)

   Crisis prevention and management Articles 33(1)(f), 33(3)(a) and 152(1)(c)(iv) and (xi)

   Research Article 152(1)(c)(iv)

Note:

Regulation (EU) No 1308/2013 provides for the following objectives:


Table 3.3.   Total actual expenditures for Producer Groups

 

Total actual expenditures for all PGs

(Euro or national currency)

PG investments

Investments required to attain recognition for PGs

 

amount of the Union financial assistance

 

amount of the MS financial assistance

 

amount of the PG's/PG member contribution

 


Table 3.4.   Withdrawals

 

Total annual volume

(tonnes)

Total expenditure

(Euro or national currency)

Amount of EU financial assistance

Free distribution

(tonnes)

Composting

(tonnes)

Processing industry

(tonnes)

Other destination

(tonnes)

Products in Annex IV to Regulation (EU) 2017/891

Cauliflowers

 

 

 

 

 

 

 

Tomatoes

 

 

 

 

 

 

 

Apples

 

 

 

 

 

 

 

Grapes

 

 

 

 

 

 

 

Apricots

 

 

 

 

 

 

 

Nectarines

 

 

 

 

 

 

 

Peaches

 

 

 

 

 

 

 

Pears

 

 

 

 

 

 

 

Aubergines

 

 

 

 

 

 

 

Melons

 

 

 

 

 

 

 

Watermelons

 

 

 

 

 

 

 

Oranges

 

 

 

 

 

 

 

Mandarins

 

 

 

 

 

 

 

Clementines

 

 

 

 

 

 

 

Satsumas

 

 

 

 

 

 

 

Lemons

 

 

 

 

 

 

 

Other products

 

 

 

 

 

 

 

 

Total

 

 

 

 

 

 

 

 

Annual Report – Part A

Member State:

 

Year:

 

Region:

 

 

 

SECTION 4

MONITORING OF OPERATIONAL PROGRAMMES

The indicators related to actions undertaken by recognised producer organisations, associations of producer organisations, transnational organisations and producer groups under an operational programme/recognition plan does not necessarily capture all the factors that may intervene and affect the outputs, results and impact of an operational programme/recognition plan. In this context, the information provided by the indicators should be interpreted in the light of quantitative and qualitative information relating to other key factors contributing to the success or failure of the programme/plan's implementation.

In case Member States use samples for the calculation of indicators, the size of the sample, its representativeness and its other constituting elements shall be communicated to the Commission services, together with the annual report.

Table 4.1.   Indicators as regards POs, TPOs, APOs and TAPOs

Actions/Measures

Article 2(f)and (g) of Regulation (EU) 2017/891

Objectives

Articles 33(1) and (3) and 152(1)(c) of Regulation (EU) No 1308/2013

Indicators

All POs

All TPOs

All APOs

All TAPOs

Investments (5)

Planning of production

Number of holdings

 

 

 

 

Total value

 

 

 

 

Improvement of product quality

Number of holdings

 

 

 

 

Total value

 

 

 

 

Boosting products' commercial value

Number of holdings

 

 

 

 

Total value

 

 

 

 

Total value of marketed production/Total volume of marketed production (Euro or national currency/kg)

 

 

 

 

Environmental measures

Number of holdings

 

 

 

 

Total value

 

 

 

 

Crisis prevention and management

Number of holdings

 

 

 

 

Total value

 

 

 

 

Research

Number of holdings

 

 

 

 

Total value

 

 

 

 

Research and experimental production

Planning of production

Total value

 

 

 

 

Number of holdings

 

 

 

 

Improvement of product quality

Total value

 

 

 

 

Number of holdings

 

 

 

 

Boosting products' commercial value

Total value

 

 

 

 

Number of holdings

 

 

 

 

Environmental measures

Number of holdings

 

 

 

 

Total value

 

 

 

 

Quality schemes (EU and national) (6) and measures related to quality improvement

Improvement of product quality

Area of PDO/PGI/TSG (7) (ha)

 

 

 

 

Number of holdings

 

 

 

 

Volume (tonnes)

 

 

 

 

Promotion and communications (8)

Boosting products' commercial value

Number of holdings

 

 

 

 

Number of promotion campaigns

 

 

 

 

Promotion of the products

Number of holdings

 

 

 

 

Number of promotion campaigns

 

 

 

 

Crisis prevention and management

Number of holdings

 

 

 

 

Number of promotion campaigns

 

 

 

 

Training and exchange of best practices

Planning of production

Number of holdings

 

 

 

 

Number of actions

 

 

 

 

Improvement of product quality

Number of holdings

 

 

 

 

Number of actions

 

 

 

 

Boosting products' commercial value

Number of holdings

 

 

 

 

Number of actions

 

 

 

 

Environmental measures

Number of holdings

 

 

 

 

Number of actions

 

 

 

 

Crisis prevention and management

Number of holdings

 

 

 

 

Number of actions

 

 

 

 

Advisory services and technical assistance

Planning of production

Number of holdings

 

 

 

 

Number of actions

 

 

 

 

Improvement of product quality

Number of holdings

 

 

 

 

Number of actions

 

 

 

 

Boosting products' commercial value

Number of holdings

 

 

 

 

Number of actions

 

 

 

 

Environmental measures

Number of holdings

 

 

 

 

Number of actions

 

 

 

 

Organic production

Environmental measures

Area under organic production of fruit and/or vegetables (ha)

 

 

 

 

Number of holdings

 

 

 

 

Integrated production

Area under integrated production of fruit and/or vegetables (ha)

 

 

 

 

Number of holdings

 

 

 

 

Improved use or management of water, including water saving and drainage

Area under fruit and vegetable production subject to reduction in use of water (ha)

 

 

 

 

Number of holdings

 

 

 

 

Difference of volume (m3)

(n – 1/n)

 

 

 

 

Actions to conserve soil

Area under fruit and vegetable production at risk of soil erosion where anti-erosion measures are implemented (ha)  (9)

 

 

 

 

Number of holdings

 

 

 

 

Difference of fertiliser use per ha (tonnes/ha)

(n – 1/n)

 

 

 

 

Actions to create or maintain habitat favourable for biodiversity or to maintain the landscape, including the conservation of historical features

Area concerned by actions contributing to habitat and biodiversity protection (ha)

 

 

 

 

Number of holdings

 

 

 

 

Actions favouring energy saving (excluding transport)

Area under fruit and vegetable production subject to reduction in use of energy (ha)

 

 

 

 

Number of holdings

 

 

 

 

Difference of energy consumption

(n – 1/n):

 

Solids

(tonnes/volume of marketed production)

 

 

 

 

Liquids

(L/volume of marketed production)

 

 

 

 

Gas

(m3/volume of marketed production)

 

 

 

 

Electricity

(kwh/volume of marketed production)

 

 

 

 

Action related to reduction of waste production and to improve waste management

Number of holdings

 

 

 

 

Difference of volume of waste (m3/volume of marketed production)

(n – 1/n)

 

 

 

 

Difference of volume of packaging (m3/volume of marketed production)

(n – 1./n)

 

 

 

 

Transport

Difference of energy consumption

(n – 1./n):

 

 

 

 

Liquids

(L/volume of marketed production)

 

 

 

 

Gas

(m3/volume of marketed production)

 

 

 

 

Electricity

(kwh/volume of marketed production)

 

 

 

 

Marketing

Number of holdings

 

 

 

 

Number of actions

 

 

 

 

Setting-up mutual funds (10)

Crisis prevention and management

Number of holdings

 

 

 

 

Replenishment of mutual funds (11)

Number of holdings

 

 

 

 

Replanting of orchards

Areas concerned (ha)

 

 

 

 

Market withdrawal (11)

Number of actions undertaken

 

 

 

 

Green-harvesting (12)

Number of actions undertaken

 

 

 

 

Area concerned (ha)

 

 

 

 

Non-harvesting (12)

Number of actions undertaken

 

 

 

 

Area concerned (ha)

 

 

 

 

Harvest insurance

Number of holdings

 

 

 

 

Coaching

Number of actions undertaken

 

 

 

 

Others

Planning of production

Number of holdings

 

 

 

 

Improvement of product quality

Number of holdings

 

 

 

 

Boosting products' commercial value

Number of holdings

 

 

 

 

Environmental measures

Number of holdings

 

 

 

 


Table 4.2.   Indicators as regards Producer Groups

 

Indicator

Number

PG investments

Investments required to attain recognition for PGs

Number of members of PGs

 

Number of PGs which have been recognised as POs

 


(*1)  Latin transliteration: България = Bulgaria; Ελλάδα = Elláda; Κύπρος = Kýpros.

(1)  Summary of the changes introduced to the national strategy during the year reported.

(*2)  excluding mushrooms

(2)  This table refers to Member States where the head offices of TPOs are located.

The total area refers to areas exploited by TPOs' members, namely POs, growers belonging to POs members to the TPO and growers members to the TPO.

(*3)  excluding mushrooms

(3)  This table refers to Member States where the head offices of APOs are located.

The total area refers to areas exploited by APOs' members, namely POs, growers belonging to POs members to the APOs.

(*4)  excluding mushrooms

(4)  This table refers to Member States where the head offices of TAPOs are located.

The total area refers to areas exploited by TAPOs' members, namely POs, growers belonging to POs members to the TAPOs.

(*5)  excluding mushrooms

(*6)  excluding mushrooms

(5)  Including non-productive investments linked to the achievement of commitments undertaken under the operational programme.

(6)  Refers to a set of detailed obligations concerning the production methods (a) the respect of which is subject to independent inspection, and (b) that result in a final product the quality of which (i) goes significantly beyond the normal commercial standards as regards public health, plant health or environmental standards and (ii) responds to current and foreseeable market opportunities. It is proposed that the main types of “quality schemes” cover the following: (a) certified organic production; (b) protected geographical indications and protected designations of origin, (c) certified integrated production, (d) private certified product quality schemes.

(7)  Protected designations of origin/Protected Geographical Indications/Traditional Speciality Guaranteed

(8)  Each day of a promotion/communication campaign counts as one action.

(9)  “At risk of soil erosion” shall mean any sloping plot with an inclination higher than 10 %, whether or not anti-erosion measures (e.g. soil cover, crop rotation, etc.) have been taken. Where the relevant information is available, a Member State may instead use the following definition: “At risk of soil erosion” shall mean any plot with a predicted loss of soil exceeding the rate of natural soil formation, whether or not anti-erosion measures (e.g. soil cover or crop rotation) have been taken.

(10)  Actions relating to the setting up/refilling of different mutual funds count as different actions.

(11)  Market withdrawal of the same product in different periods of the year and market withdrawals of different products count as different actions. Each market withdrawal operation for a given product counts as one action.

(12)  Green-harvesting and non-harvesting of different products count as different actions. Green harvesting and non-harvesting of the same product count as one action, regardless of the number of days they take, the number of holdings participating and the number of plots or hectares concerned.


DECISIONS

17.8.2018   

EN

Official Journal of the European Union

L 208/38


COMMISSION IMPLEMENTING DECISION (EU) 2018/1147

of 10 August 2018

establishing best available techniques (BAT) conclusions for waste treatment, under Directive 2010/75/EU of the European Parliament and of the Council

(notified under document C(2018) 5070)

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (1), and in particular Article 13(5) thereof,

Whereas:

(1)

Best available techniques (BAT) conclusions are the reference for setting permit conditions for installations covered by Chapter II of Directive 2010/75/EU and competent authorities should set emission limit values which ensure that, under normal operating conditions, emissions do not exceed the emission levels associated with the best available techniques as laid down in the BAT conclusions.

(2)

The forum composed of representatives of Member States, the industries concerned and non-governmental organisations promoting environmental protection, established by Commission Decision of 16 May 2011 (2), provided the Commission on 19 December 2017 with its opinion on the proposed content of the BAT reference document for waste treatment. That opinion is publicly available.

(3)

The BAT conclusions set out in the Annex to this Decision are the key element of that BAT reference document.

(4)

The measures provided for in this Decision are in accordance with the opinion of the Committee established by Article 75(1) of Directive 2010/75/EU,

HAS ADOPTED THIS DECISION:

Article 1

The best available techniques (BAT) conclusions for waste treatment, as set out in the Annex, are adopted.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 10 August 2018.

For the Commission

Karmenu VELLA

Member of the Commission


(1)  OJ L 334, 17.12.2010, p. 17.

(2)  Commission Decision of 16 May 2011 establishing a forum for the exchange of information pursuant to Article 13 of Directive 2010/75/EU on industrial emissions (OJ C 146, 17.5.2011, p. 3).


ANNEX

BEST AVAILABLE TECHNIQUES (BAT) CONCLUSIONS FOR WASTE

SCOPE

These BAT conclusions concern the following activities specified in Annex I to Directive 2010/75/EU, namely:

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 of Annex I to Directive 2010/75/EU;

(d)

repackaging prior to submission to any of the other activities listed in points 5.1 and 5.2 of Annex I to Directive 2010/75/EU;

(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;

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 (1):

(i)

biological treatment;

(ii)

physico-chemical treatment;

(iii)

pre-treatment of waste for incineration or co-incineration;

(iv)

treatment of 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 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.

5.5.

Temporary storage of hazardous waste not covered under point 5.4 of Annex I to Directive 2010/75/EU pending any of the activities listed in points 5.1, 5.2, 5.4 and 5.6 of Annex I to Directive 2010/75/EU with a total capacity exceeding 50 tonnes, excluding temporary storage, pending collection, on the site where the waste is generated.

6.11.

Independently operated treatment of waste water not covered by Directive 91/271/EEC and discharged by an installation undertaking activities covered under points 5.1, 5.3 or 5.5 as listed above.

Referring to independently operated treatment of waste water not covered by Directive 91/271/EEC above, these BAT conclusions also cover the combined treatment of waste water from different origins if the main pollutant load originates from the activities covered under points 5.1, 5.3 or 5.5 as listed above.

These BAT conclusions do not address the following:

Surface impoundment.

Disposal or recycling of animal carcases or of animal waste covered by the activity description in point 6.5 of Annex I to Directive 2010/75/EU when this is covered by the BAT conclusions on the slaughterhouses and animal by-products industries (SA).

On-farm processing of manure when this is covered by the BAT conclusions for the intensive rearing of poultry or pigs (IRPP).

Direct recovery (i.e. without pretreatment) of waste as a substitute for raw materials in installations carrying out activities covered by other BAT conclusions, e.g.:

Direct recovery of lead (e.g. from batteries), zinc or aluminium salts or recovery of the metals from catalysts. This may be covered by the BAT conclusions for the non-ferrous metals industries (NFM).

Processing of paper for recycling. This may be covered by the BAT conclusions for the production of pulp, paper and board (PP).

Use of waste as fuel/raw material in cement kilns. This may be covered by the BAT conclusions for the production of cement, lime and magnesium oxide (CLM).

Waste (co-)incineration, pyrolysis and gasification. This may be covered by the BAT conclusions for waste incineration (WI) or the BAT conclusions for large combustion plants (LCP).

Landfill of waste. This is covered by Council Directive 1999/31/EC (2). In particular, underground permanent and long-term storage (≥ 1 year before disposal, ≥ 3 years before recovery) are covered by Directive 1999/31/EC.

In situ remediation of contaminated soil (i.e. unexcavated soil).

Treatment of slags and bottom ashes. This may be covered by the BAT conclusions for waste incineration (WI) and/or the BAT conclusions for large combustion plants (LCP).

Smelting of scrap metals and metal-bearing materials. This may be covered by the BAT conclusions for non-ferrous metals industries (NFM), the BAT conclusions for iron and steel production (IS), and/or the BAT conclusions for the smitheries and foundries industry (SF).

Regeneration of spent acids and alkalis when this is covered by the BAT conclusions for ferrous metals processing.

Combustion of fuels when it does not generate hot gases which come into direct contact with the waste. This may be covered by the BAT conclusions for large combustion plants (LCP) or by Directive (EU) 2015/2193 of the European Parliament and of the Council (3).

Other BAT conclusions and reference documents which could be relevant for the activities covered by these BAT conclusions are the following:

Economics and cross-media effects (ECM);

Emissions from storage (EFS);

Energy efficiency (ENE);

Monitoring of emissions to air and water from IED installations (ROM);

Production of cement, lime and magnesium oxide (CLM);

Common waste water and waste gas treatment/management systems in the chemical sector (CWW);

Intensive rearing of poultry or pigs (IRPP).

These BAT conclusions apply without prejudice to the relevant provisions of EU legislation, e.g. the waste hierarchy.

DEFINITIONS

For the purposes of these BAT conclusions, the following definitions apply:

Term used

Definition

General terms

Channelled emissions

Emissions of pollutants into the environment through any kind of duct, pipe, stack, etc. This also includes emissions from open-top biofilters.

Continuous measurement

Measurement using an ‘automated measuring system’ permanently installed on site.

Declaration of cleanliness

Written document provided by the waste producer/holder certifying that the empty waste packaging concerned (e.g. drums, containers) is clean with respect to the acceptance criteria.

Diffuse emissions

Non-channelled emissions (e.g. of dust, organic compounds, odour) which can result from ‘area’ sources (e.g. tanks) or ‘point’ sources (e.g. pipe flanges). This also includes emissions from open-air windrow composting.

Direct discharge

Discharge to a receiving water body without further downstream waste water treatment.

Emissions factors

Numbers that can be multiplied by known data such as plant/process data or throughput data to estimate emissions.

Existing plant

A plant that is not a new plant.

Flaring

High-temperature oxidation to burn combustible compounds of waste gases from industrial operations with an open flame. Flaring is primarily used for burning off flammable gas for safety reasons or during non-routine operating conditions.

Fly ashes

Particles from the combustion chamber or formed within the flue-gas stream, that are transported in the flue-gas.

Fugitive emissions

Diffuse emissions from ‘point’ sources.

Hazardous waste

Hazardous waste as defined in point 2 of Article 3 of Directive 2008/98/EC.

Indirect discharge

Discharge which is not a direct discharge.

Liquid biodegradable waste

Waste of biological origin with a relatively high water content (e.g. fat separator contents, organic sludges, catering waste).

Major plant upgrade

A major change in the design or technology of a plant with major adjustments or replacements of the process and/or abatement technique(s) and associated equipment.

Mechanical biological treatment (MBT)

Treatment of mixed solid waste combining mechanical treatment with biological treatment such as aerobic or anaerobic treatment.

New plant

A plant first permitted at the site of the installation following the publication of these BAT conclusions or a complete replacement of a plant following the publication of these BAT conclusions.

Output

The treated waste exiting the waste treatment plant.

Pasty waste

Sludge which is not free-flowing.

Periodic measurement

Measurement at specified time intervals using manual or automated methods.

Recovery

Recovery as defined in Article 3(15) of Directive 2008/98/EC.

Re-refining

Treatments carried out on waste oil to transform it to base oil.

Regeneration

Treatments and processes mainly designed to make the treated materials (e.g. spent activated carbon or spent solvent) suitable again for a similar use.

Sensitive receptor

Area which needs special protection, such as:

residential areas;

areas where human activities are carried out (e.g. neighbouring workplaces, schools, daycare centres, recreational areas, hospitals or nursing homes).

Surface impoundment

Placement of liquid or sludgy discards into pits, ponds, lagoons, etc.

Treatment of waste with calorific value

Treatment of waste wood, waste oil, waste plastics, waste solvents, etc. to obtain a fuel or to allow a better recovery of its calorific value.

VFCs

Volatile (hydro)fluorocarbons: VOCs consisting of fluorinated (hydro)carbons, in particular chlorofluorocarbons (CFCs), hydrochlorofluorocarbons (HCFCs) and hydrofluorocarbons (HFCs).

VHCs

Volatile hydrocarbons: VOCs consisting entirely of hydrogen and carbon (e.g. ethane, propane, iso-butane, cyclopentane).

VOC

Volatile organic compound as defined in Article 3(45) of Directive 2010/75/EU.

Waste holder

Waste holder as defined in Article 3(6) of Directive 2008/98/EC of the European Parliament and of the Council (4).

Waste input

The incoming waste to be treated in the waste treatment plant.

Water-based liquid waste

Waste consisting of aqueous liquids, acids/alkalis or pumpable sludges (e.g. emulsions, waste acids, aqueous marine waste) which is not liquid biodegradable waste.

Pollutants/parameters

AOX

Adsorbable organically bound halogens, expressed as Cl, include adsorbable organically bound chlorine, bromine and iodine.

Arsenic

Arsenic, expressed as As, includes all inorganic and organic arsenic compounds, dissolved or bound to particles.

BOD

Biochemical oxygen demand. Amount of oxygen needed for the biochemical oxidation of organic and/or inorganic matter in five (BOD5) or in seven (BOD7) days.

Cadmium

Cadmium, expressed as Cd, includes all inorganic and organic cadmium compounds, dissolved or bound to particles.

CFCs

Chlorofluorocarbons: VOCs consisting of carbon, chlorine and fluorine.

Chromium

Chromium, expressed as Cr, includes all inorganic and organic chromium compounds, dissolved or bound to particles.

Hexavalent chromium

Hexavalent chromium, expressed as Cr(VI), includes all chromium compounds where the chromium is in the oxidation state +6.

COD

Chemical oxygen demand. Amount of oxygen needed for the total chemical oxidation of the organic matter to carbon dioxide. COD is an indicator for the mass concentration of organic compounds.

Copper

Copper, expressed as Cu, includes all inorganic and organic copper compounds, dissolved or bound to particles.

Cyanide

Free cyanide, expressed as CN-.

Dust

Total particulate matter (in air).

HOI

Hydrocarbon oil index. The sum of compounds extractable with a hydrocarbon solvent (including long-chain or branched aliphatic, alicyclic, aromatic or alkyl-substituted aromatic hydrocarbons).

HCl

All inorganic gaseous chlorine compounds, expressed as HCl.

HF

All inorganic gaseous fluorine compounds, expressed as HF.

H2S

Hydrogen sulphide. Carbonyl sulphide and mercaptans are not included.

Lead

Lead, expressed as Pb, includes all inorganic and organic lead compounds, dissolved or bound to particles.

Mercury

Mercury, expressed as Hg, includes elementary mercury and all inorganic and organic mercury compounds, gaseous, dissolved or bound to particles.

NH3

Ammonia.

Nickel

Nickel, expressed as Ni, includes all inorganic and organic nickel compounds, dissolved or bound to particles.

Odour concentration

Number of European Odour Units (ouE) in one cubic metre at standard conditions measured by dynamic olfactometry according to EN 13725.

PCB

Polychlorinated biphenyl.

Dioxin-like PCBs

Polychlorinated biphenyls as listed in Commission Regulation (EC) No 199/2006 (5).

PCDD/F

Polychlorinated dibenzo-p-dioxin/furan(s).

PFOA

Perfluorooctanoic acid.

PFOS

Perfluorooctanesulphonic acid.

Phenol index

The sum of phenolic compounds, expressed as phenol concentration and measured according to EN ISO 14402.

TOC

Total organic carbon, expressed as C (in water), includes all organic compounds.

Total N

Total nitrogen, expressed as N, includes free ammonia and ammonium nitrogen (NH4-N), nitrite nitrogen (NO2-N), nitrate nitrogen (NO3-N) and organically bound nitrogen.

Total P

Total phosphorus, expressed as P, includes all inorganic and organic phosphorus compounds, dissolved or bound to particles

TSS

Total suspended solids. Mass concentration of all suspended solids (in water), measured via filtration through glass fibre filters and gravimetry.

TVOC

Total volatile organic carbon, expressed as C (in air).

Zinc

Zinc, expressed as Zn, includes all inorganic and organic zinc compounds, dissolved or bound to particles.

For the purposes of these BAT conclusions, the following acronyms apply:

Acronym

Definition

EMS

Environmental management system

EoLVs

End-of-life vehicles (as defined in Article 2(2) of Directive 2000/53/EC of the European Parliament and of the Council (6))

HEPA

High-efficiency particle air (filter)

IBC

Intermediate bulk container

LDAR

Leak detection and repair

LEV

Local exhaust ventilation system

POP

Persistent organic pollutant (as listed in Regulation (EC) No 850/2004 of the European Parliament and of the Council (7))

WEEE

Waste electrical and electronic equipment (as defined in Article 3(1) of Directive 2012/19/EU of the European Parliament and of the Council (8))

GENERAL CONSIDERATIONS

Best Available Techniques

The techniques listed and described in these BAT conclusions are neither prescriptive nor exhaustive. Other techniques may be used that ensure at least an equivalent level of environmental protection.

Unless otherwise stated, the BAT conclusions are generally applicable.

Emission levels associated with the best available techniques (BAT-AELs) for emissions to air

Unless stated otherwise, emission levels associated with the best available techniques (BAT-AELs) for emissions to air given in these BAT conclusions refer to concentrations (mass of emitted substances per volume of waste gas) under the following standard conditions: dry gas at a temperature of 273,15 K and a pressure of 101,3 kPa, without correction for oxygen content, and expressed in μg/Nm3 or mg/Nm3.

For averaging periods of BAT-AELs for emissions to air, the following definitions apply.

Type of measurement

Averaging period

Definition

Continuous

Daily average

Average over a period of one day based on valid hourly or half-hourly averages.

Periodic

Average over the sampling period

Average value of three consecutive measurements of at least 30 minutes each (9).

Where continuous measurement is used, the BAT-AELs may be expressed as daily averages.

Emission levels associated with the best available techniques (BAT-AELs) for emissions to water

Unless stated otherwise, emission levels associated with the best available techniques (BAT-AELs) for emissions to water given in these BAT conclusions refer to concentrations (mass of emitted substances per volume of water), expressed in μg/l or mg/l.

Unless stated otherwise, averaging periods associated with the BAT-AELs refer to either of the following two cases:

in the case of continuous discharge, daily average values, i.e. 24-hour flow-proportional composite samples;

in the case of batch discharge, average values over the release duration taken as flow-proportional composite samples, or, provided that the effluent is appropriately mixed and homogeneous, a spot sample taken before discharge.

Time-proportional composite samples can be used provided that sufficient flow stability is demonstrated.

All BAT-AELs for emissions to water apply at the point where the emission leaves the installation.

Abatement efficiency

The calculation of the average abatement efficiency referred to in these BAT conclusions (see Table 6.1) does not include, for COD and TOC, initial treatment steps aiming at separating the bulk organic content from the water-based liquid waste, such as evapo-condensation, emulsion breaking or phase separation.

1.   GENERAL BAT CONCLUSIONS

1.1.   Overall environmental performance

BAT 1. In order to improve the overall environmental performance, BAT is to implement and adhere to an environmental management system (EMS) that incorporates all of the following features:

I.

commitment of the management, including senior management;

II.

definition, by the management, of an environmental policy that includes the continuous improvement of the environmental performance of the installation;

III.

planning and establishing the necessary procedures, objectives and targets, in conjunction with financial planning and investment;

IV.

implementation of procedures paying particular attention to:

(a)

structure and responsibility,

(b)

recruitment, training, awareness and competence,

(c)

communication,

(d)

employee involvement,

(e)

documentation,

(f)

effective process control,

(g)

maintenance programmes,

(h)

emergency preparedness and response,

(i)

safeguarding compliance with environmental legislation;

V.

checking performance and taking corrective action, paying particular attention to:

(a)

monitoring and measurement (see also the JRC Reference Report on Monitoring of emissions to air and water from IED installations – ROM),

(b)

corrective and preventive action,

(c)

maintenance of records,

(d)

independent (where practicable) internal or external auditing in order to determine whether or not the EMS conforms to planned arrangements and has been properly implemented and maintained;

VI.

review, by senior management, of the EMS and its continuing suitability, adequacy and effectiveness;

VII.

following the development of cleaner technologies;

VIII.

consideration for the environmental impacts from the eventual decommissioning of the plant at the stage of designing a new plant, and throughout its operating life;

IX.

application of sectoral benchmarking on a regular basis;

X.

waste stream management (see BAT 2);

XI.

an inventory of waste water and waste gas streams (see BAT 3);

XII.

residues management plan (see description in Section 6.5);

XIII.

accident management plan (see description in Section 6.5);

XIV.

odour management plan (see BAT 12);

XV.

noise and vibration management plan (see BAT 17).

Applicability

The scope (e.g. level of detail) and nature of the EMS (e.g. standardised or non-standardised) will generally be related to the nature, scale and complexity of the installation, and the range of environmental impacts it may have (determined also by the type and amount of wastes processed).

BAT 2. In order to improve the overall environmental performance of the plant, BAT is to use all of the techniques given below.

Technique

Description

a.

Set up and implement waste characterisation and pre-acceptance procedures

These procedures aim to ensure the technical (and legal) suitability of waste treatment operations for a particular waste prior to the arrival of the waste at the plant. They include procedures to collect information about the waste input and may include waste sampling and characterisation to achieve sufficient knowledge of the waste composition. Waste pre-acceptance procedures are risk-based considering, for example, the hazardous properties of the waste, the risks posed by the waste in terms of process safety, occupational safety and environmental impact, as well as the information provided by the previous waste holder(s).

b.

Set up and implement waste acceptance procedures

Acceptance procedures aim to confirm the characteristics of the waste, as identified in the pre-acceptance stage. These procedures define the elements to be verified upon the arrival of the waste at the plant as well as the waste acceptance and rejection criteria. They may include waste sampling, inspection and analysis. Waste acceptance procedures are risk-based considering, for example, the hazardous properties of the waste, the risks posed by the waste in terms of process safety, occupational safety and environmental impact, as well as the information provided by the previous waste holder(s).

c.

Set up and implement a waste tracking system and inventory

A waste tracking system and inventory aim to track the location and quantity of waste in the plant. It holds all the information generated during waste pre-acceptance procedures (e.g. date of arrival at the plant and unique reference number of the waste, information on the previous waste holder(s), pre-acceptance and acceptance analysis results, intended treatment route, nature and quantity of the waste held on site including all identified hazards), acceptance, storage, treatment and/or transfer off site. The waste tracking system is risk-based considering, for example, the hazardous properties of the waste, the risks posed by the waste in terms of process safety, occupational safety and environmental impact, as well as the information provided by the previous waste holder(s).

d.

Set up and implement an output quality management system

This technique involves setting up and implementing an output quality management system, so as to ensure that the output of the waste treatment is in line with the expectations, using for example existing EN standards. This management system also allows the performance of the waste treatment to be monitored and optimised, and for this purpose may include a material flow analysis of relevant components throughout the waste treatment. The use of a material flow analysis is risk-based considering, for example, the hazardous properties of the waste, the risks posed by the waste in terms of process safety, occupational safety and environmental impact, as well as the information provided by the previous waste holder(s).

e.

Ensure waste segregation

Waste is kept separated depending on its properties in order to enable easier and environmentally safer storage and treatment. Waste segregation relies on the physical separation of waste and on procedures that identify when and where wastes are stored.

f.

Ensure waste compatibility prior to mixing or blending of waste

Compatibility is ensured by a set of verification measures and tests in order to detect any unwanted and/or potentially dangerous chemical reactions between wastes (e.g. polymerisation, gas evolution, exothermal reaction, decomposition, crystallisation, precipitation) when mixing, blending or carrying out other treatment operations. The compatibility tests are risk-based considering, for example, the hazardous properties of the waste, the risks posed by the waste in terms of process safety, occupational safety and environmental impact, as well as the information provided by the previous waste holder(s).

g.

Sort incoming solid waste

Sorting of incoming solid waste (10) aims to prevent unwanted material from entering subsequent waste treatment process(es). It may include:

manual separation by means of visual examinations;

ferrous metals, non-ferrous metals or all-metals separation;

optical separation, e.g. by near-infrared spectroscopy or X-ray systems;

density separation, e.g. by air classification, sink-float tanks, vibration tables;

size separation by screening/sieving.

BAT 3. In order to facilitate the reduction of emissions to water and air, BAT is to establish and to maintain an inventory of waste water and waste gas streams, as part of the environmental management system (see BAT 1), that incorporates all of the following features:

(i)

information about the characteristics of the waste to be treated and the waste treatment processes, including:

(a)

simplified process flow sheets that show the origin of the emissions;

(b)

descriptions of process-integrated techniques and waste water/waste gas treatment at source including their performances;

(ii)

information about the characteristics of the waste water streams, such as:

(a)

average values and variability of flow, pH, temperature, and conductivity;

(b)

average concentration and load values of relevant substances and their variability (e.g. COD/TOC, nitrogen species, phosphorus, metals, priority substances/micropollutants);

(c)

data on bioeliminability (e.g. BOD, BOD to COD ratio, Zahn-Wellens test, biological inhibition potential (e.g. inhibition of activated sludge)) (see BAT 52);

(iii)

information about the characteristics of the waste gas streams, such as:

(a)

average values and variability of flow and temperature;

(b)

average concentration and load values of relevant substances and their variability (e.g. organic compounds, POPs such as PCBs);

(c)

flammability, lower and higher explosive limits, reactivity;

(d)

presence of other substances that may affect the waste gas treatment system or plant safety (e.g. oxygen, nitrogen, water vapour, dust).

Applicability

The scope (e.g. level of detail) and nature of the inventory will generally be related to the nature, scale and complexity of the installation, and the range of environmental impacts it may have (determined also by the type and amount of wastes processed).

BAT 4. In order to reduce the environmental risk associated with the storage of waste, BAT is to use all of the techniques given below.

Technique

Description

Applicability

a.

Optimised storage location

This includes techniques such as:

the storage is located as far as technically and economically possible from sensitive receptors, watercourses, etc.;

the storage is located in such a way so as to eliminate or minimise the unnecessary handling of wastes within the plant (e.g. the same wastes are handled twice or more or the transport distances on site are unnecessarily long).

Generally applicable to new plants.

b.

Adequate storage capacity

Measures are taken to avoid accumulation of waste, such as:

the maximum waste storage capacity is clearly established and not exceeded taking into account the characteristics of the wastes (e.g. regarding the risk of fire) and the treatment capacity;

the quantity of waste stored is regularly monitored against the maximum allowed storage capacity;

the maximum residence time of waste is clearly established.

Generally applicable.

c.

Safe storage operation

This includes measures such as:

equipment used for loading, unloading and storing waste is clearly documented and labelled;

wastes known to be sensitive to heat, light, air, water, etc. are protected from such ambient conditions;

containers and drums are fit for purpose and stored securely.

d.

Separate area for storage and handling of packaged hazardous waste

When relevant, a dedicated area is used for storage and handling of packaged hazardous waste.

BAT 5. In order to reduce the environmental risk associated with the handling and transfer of waste, BAT is to set up and implement handling and transfer procedures.

Description

Handling and transfer procedures aim to ensure that wastes are safely handled and transferred to the respective storage or treatment. They include the following elements:

handling and transfer of waste are carried out by competent staff;

handling and transfer of waste are duly documented, validated prior to execution and verified after execution;

measures are taken to prevent, detect and mitigate spills;

operation and design precautions are taken when mixing or blending wastes (e.g. vacuuming dusty/powdery wastes).

Handling and transfer procedures are risk-based considering the likelihood of accidents and incidents and their environmental impact.

1.2.   Monitoring

BAT 6. For relevant emissions to water as identified by the inventory of waste water streams (see BAT 3), BAT is to monitor key process parameters (e.g. waste water flow, pH, temperature, conductivity, BOD) at key locations (e.g. at the inlet and/or outlet of the pretreatment, at the inlet to the final treatment, at the point where the emission leaves the installation).

BAT 7. BAT is to monitor emissions to water with at least the frequency given below, and in accordance with EN standards. If EN standards are not available, BAT is to use ISO, national or other international standards that ensure the provision of data of an equivalent scientific quality.

Substance/parameter

Standard(s)

Waste treatment process

Minimum monitoring frequency (11)  (12)

Monitoring associated with

Adsorbable organically bound halogens (AOX) (13)  (14)

EN ISO 9562

Treatment of water-based liquid waste

Once every day

BAT 20

Benzene, toluene, ethylbenzene, xylene (BTEX) (13)  (14)

EN ISO 15680

Treatment of water-based liquid waste

Once every month

Chemical oxygen demand (COD) (15)  (16)

No EN standard available

All waste treatments except treatment of water-based liquid waste

Once every month

Treatment of water-based liquid waste

Once every day

Free cyanide (CN-) (13)  (14)

Various EN standards available (i.e. EN ISO 14403-1 and -2)

Treatment of water-based liquid waste

Once every day

Hydrocarbon oil index (HOI) (14)

EN ISO 9377-2

Mechanical treatment in shredders of metal waste

Once every month

Treatment of WEEE containing VFCs and/or VHCs

Re-refining of waste oil

Physico-chemical treatment of waste with calorific value

Water washing of excavated contaminated soil

Treatment of water-based liquid waste

Once every day

Arsenic (As), Cadmium (Cd), Chromium (Cr), Copper (Cu), Nickel (Ni), Lead (Pb), Zinc (Zn) (13)  (14)

Various EN standards available (e.g. EN ISO 11885, EN ISO 17294-2, EN ISO 15586)

Mechanical treatment in shredders of metal waste

Once every month

Treatment of WEEE containing VFCs and/or VHCs

Mechanical biological treatment of waste

Re-refining of waste oil

Physico-chemical treatment of waste with calorific value

Physico-chemical treatment of solid and/or pasty waste

Regeneration of spent solvents

Water washing of excavated contaminated soil

Treatment of water-based liquid waste

Once every day

Manganese (Mn) (13)  (14)

Treatment of water-based liquid waste

Once every day

Hexavalent chromium (Cr(VI)) (13)  (14)

Various EN standards available (i.e. EN ISO 10304-3, EN ISO 23913)

Treatment of water-based liquid waste

Once every day

Mercury (Hg) (13)  (14)

Various EN standards available (i.e. EN ISO 17852, EN ISO 12846)

Mechanical treatment in shredders of metal waste

Once every month

Treatment of WEEE containing VFCs and/or VHCs

Mechanical biological treatment of waste

Re-refining of waste oil

Physico-chemical treatment of waste with calorific value

Physico-chemical treatment of solid and/or pasty waste

Regeneration of spent solvents

Water washing of excavated contaminated soil

Treatment of water-based liquid waste

Once every day

PFOA (13)

No EN standard available

All waste treatments

Once every six months

PFOS (13)

Phenol index (16)

EN ISO 14402

Re-refining of waste oil

Once every month

Physico-chemical treatment of waste with calorific value

Treatment of water-based liquid waste

Once every day

Total nitrogen (Total N) (16)

EN 12260, EN ISO 11905-1

Biological treatment of waste

Once every month

Re-refining of waste oil

Treatment of water-based liquid waste

Once every day

Total organic carbon (TOC) (15)  (16)

EN 1484

All waste treatments except treatment of water-based liquid waste

Once every month

Treatment of water-based liquid waste

Once every day

Total phosphorus (Total P) (16)

Various EN standards available (i.e. EN ISO 15681-1 and -2, EN ISO 6878, EN ISO 11885)

Biological treatment of waste

Once every month

Treatment of water-based liquid waste

Once every day

Total suspended solids (TSS) (16)

EN 872

All waste treatments except treatment of water-based liquid waste

Once every month

Treatment of water-based liquid waste

Once every day

BAT 8. BAT is to monitor channelled emissions to air with at least the frequency given below, and in accordance with EN standards. If EN standards are not available, BAT is to use ISO, national or other international standards that ensure the provision of data of an equivalent scientific quality.

Substance/Parameter

Standard(s)

Waste treatment process

Minimum monitoring frequency (17)

Monitoring associated with

Brominated flame retardants (18)

No EN standard available

Mechanical treatment in shredders of metal waste

Once every year

BAT 25

CFCs

No EN standard available

Treatment of WEEE containing VFCs and/or VHCs

Once every six months

BAT 29

Dioxin-like PCBs

EN 1948-1, -2, and -4 (19)

Mechanical treatment in shredders of metal waste (18)

Once every year

BAT 25

Decontamination of equipment containing PCBs

Once every three months

BAT 51

Dust

EN 13284-1

Mechanical treatment of waste

Once every six months

BAT 25

Mechanical biological treatment of waste

BAT 34

Physico-chemical treatment of solid and/or pasty waste

BAT 41

Thermal treatment of spent activated carbon, waste catalysts and excavated contaminated soil

BAT 49

Water washing of excavated contaminated soil

BAT 50

HCl

EN 1911

Thermal treatment of spent activated carbon, waste catalysts and excavated contaminated soil (18)

Once every six months

BAT 49

Treatment of water-based liquid waste (18)

BAT 53

HF

No EN standard available

Thermal treatment of spent activated carbon, waste catalysts and excavated contaminated soil (18)

Once every six months

BAT 49

Hg

EN 13211

Treatment of WEEE containing mercury

Once every three months

BAT 32

H2S

No EN standard available

Biological treatment of waste (20)

Once every six months

BAT 34

Metals and metalloids except mercury

(e.g. As, Cd, Co, Cr, Cu, Mn, Ni, Pb, Sb, Se, Tl, V) (18)

EN 14385

Mechanical treatment in shredders of metal waste

Once every year

BAT 25

NH3

No EN standard available

Biological treatment of waste (20)

Once every six months

BAT 34

Physico-chemical treatment of solid and/or pasty waste (18)

Once every six months

BAT 41

Treatment of water-based liquid waste (18)

BAT 53

Odour concentration

EN 13725

Biological treatment of waste (21)

Once every six months

BAT 34

PCDD/F (18)

EN 1948-1, -2 and -3 (19)

Mechanical treatment in shredders of metal waste

Once every year

BAT 25

TVOC

EN 12619

Mechanical treatment in shredders of metal waste

Once every six months

BAT 25

Treatment of WEEE containing VFCs and/or VHCs

Once every six months

BAT 29

Mechanical treatment of waste with calorific value (18)

Once every six months

BAT 31

Mechanical biological treatment of waste

Once every six months

BAT 34

Physico-chemical treatment of solid and/or pasty waste (18)

Once every six months

BAT 41

Re-refining of waste oil

BAT 44

Physico-chemical treatment of waste with calorific value

BAT 45

Regeneration of spent solvents

BAT 47

Thermal treatment of spent activated carbon, waste catalysts and excavated contaminated soil

BAT 49

Water washing of excavated contaminated soil

BAT 50

Treatment of water-based liquid waste (18)

BAT 53

Decontamination of equipment containing PCBs (22)

Once every three months

BAT 51

BAT 9. BAT is to monitor diffuse emissions of organic compounds to air from the regeneration of spent solvents, the decontamination of equipment containing POPs with solvents, and the physico-chemical treatment of solvents for the recovery of their calorific value, at least once per year using one or a combination of the techniques given below.

Technique

Description

a

Measurement

Sniffing methods, optical gas imaging, solar occultation flux or differential absorption. See descriptions in Section 6.2.

b

Emissions factors

Calculation of emissions based on emissions factors, periodically validated (e.g. once every two years) by measurements.

c

Mass balance

Calculation of diffuse emissions using a mass balance considering the solvent input, channelled emissions to air, emissions to water, the solvent in the process output, and process (e.g. distillation) residues.

BAT 10. BAT is to periodically monitor odour emissions.

Description

Odour emissions can be monitored using:

EN standards (e.g. dynamic olfactometry according to EN 13725 in order to determine the odour concentration or EN 16841-1 or -2 in order to determine the odour exposure);

when applying alternative methods for which no EN standards are available (e.g. estimation of odour impact), ISO, national or other international standards that ensure the provision of data of an equivalent scientific quality.

The monitoring frequency is determined in the odour management plan (see BAT 12).

Applicability

The applicability is restricted to cases where an odour nuisance at sensitive receptors is expected and/or has been substantiated.

BAT 11. BAT is to monitor the annual consumption of water, energy and raw materials as well as the annual generation of residues and waste water, with a frequency of at least once per year.

Description

Monitoring includes direct measurements, calculation or recording, e.g. using suitable meters or invoices. The monitoring is broken down at the most appropriate level (e.g. at process or plant/installation level) and considers any significant changes in the plant/installation.

1.3.   Emissions to air

BAT 12. In order to prevent or, where that is not practicable, to reduce odour emissions, BAT is to set up, implement and regularly review an odour management plan, as part of the environmental management system (see BAT 1), that includes all of the following elements:

a protocol containing actions and timelines;

a protocol for conducting odour monitoring as set out in BAT 10;

a protocol for response to identified odour incidents, e.g. complaints;

an odour prevention and reduction programme designed to identify the source(s); to characterise the contributions of the sources; and to implement prevention and/or reduction measures.

Applicability

The applicability is restricted to cases where an odour nuisance at sensitive receptors is expected and/or has been substantiated.

BAT 13. In order to prevent or, where that is not practicable, to reduce odour emissions, BAT is to use one or a combination of the techniques given below.

Technique

Description

Applicability

a.

Minimising residence times

Minimising the residence time of (potentially) odorous waste in storage or in handling systems (e.g. pipes, tanks, containers), in particular under anaerobic conditions. When relevant, adequate provisions are made for the acceptance of seasonal peak volumes of waste.

Only applicable to open systems.

b.

Using chemical treatment

Using chemicals to destroy or to reduce the formation of odorous compounds (e.g. to oxidise or to precipitate hydrogen sulphide).

Not applicable if it may hamper the desired output quality.

c.

Optimising aerobic treatment

In the case of aerobic treatment of water-based liquid waste, it may include:

use of pure oxygen;

removal of scum in tanks;

frequent maintenance of the aeration system.

In the case of aerobic treatment of waste other than water-based liquid waste, see BAT 36.

Generally applicable.

BAT 14. In order to prevent or, where that is not practicable, to reduce diffuse emissions to air, in particular of dust, organic compounds and odour, BAT is to use an appropriate combination of the techniques given below.

Depending on the risk posed by the waste in terms of diffuse emissions to air, BAT 14d is especially relevant.

Technique

Description

Applicability

a.

Minimising the number of potential diffuse emission sources

This includes techniques such as:

appropriate design of piping layout (e.g. minimising pipe run length, reducing the number of flanges and valves, using welded fittings and pipes);

favouring the use of gravity transfer rather than using pumps;

limiting the drop height of material;

limiting traffic speed;

using wind barriers.

Generally applicable.

b.

Selection and use of high-integrity equipment

This includes techniques such as:

valves with double packing seals or equally efficient equipment;

high-integrity gaskets (such as spiral wound, ring joints) for critical applications;

pumps/compressors/agitators fitted with mechanical seals instead of packing;

magnetically driven pumps/compressors/agitators;

appropriate service hose access ports, piercing pliers, drill heads, e.g. when degassing WEEE containing VFCs and/or VHCs.

Applicability may be restricted in the case of existing plants due to operability requirements.

c.

Corrosion prevention

This includes techniques such as:

appropriate selection of construction materials;

lining or coating of equipment and painting of pipes with corrosion inhibitors.

Generally applicable.

d.

Containment, collection and treatment of diffuse emissions

This includes techniques such as:

storing, treating and handling waste and material that may generate diffuse emissions in enclosed buildings and/or enclosed equipment (e.g. conveyor belts);

maintaining the enclosed equipment or buildings under an adequate pressure;

collecting and directing the emissions to an appropriate abatement system (see Section 6.1) via an air extraction system and/or air suction systems close to the emission sources.

The use of enclosed equipment or buildings may be restricted by safety considerations such as the risk of explosion or oxygen depletion.

The use of enclosed equipment or buildings may also be constrained by the volume of waste.

e.

Dampening

Dampening potential sources of diffuse dust emissions (e.g. waste storage, traffic areas, and open handling processes) with water or fog.

Generally applicable.

f.

Maintenance

This includes techniques such as:

ensuring access to potentially leaky equipment;

regularly controlling protective equipment such as lamellar curtains, fast-action doors.

Generally applicable.

g.

Cleaning of waste treatment and storage areas

This includes techniques such as regularly cleaning the whole waste treatment area (halls, traffic areas, storage areas, etc.), conveyor belts, equipment and containers.

Generally applicable.

h.

Leak detection and repair (LDAR) programme

See Section 6.2. When emissions of organic compounds are expected, a LDAR programme is set up and implemented using a risk-based approach, considering in particular the design of the plant and the amount and nature of the organic compounds concerned.

Generally applicable.

BAT 15. BAT is to use flaring only for safety reasons or for non-routine operating conditions (e.g. start-ups, shutdowns) by using both of the techniques given below.

Technique

Description

Applicability

a.

Correct plant design

This includes the provision of a gas recovery system with sufficient capacity and the use of high-integrity relief valves.

Generally applicable to new plants.

A gas recovery system may be retrofitted in existing plants.

b.

Plant management

This includes balancing the gas system and using advanced process control.

Generally applicable.

BAT 16. In order to reduce emissions to air from flares when flaring is unavoidable, BAT is to use both of the techniques given below.

Technique

Description

Applicability

a.

Correct design of flaring devices

Optimisation of height and pressure, assistance by steam, air or gas, type of flare tips, etc., to enable smokeless and reliable operation and to ensure the efficient combustion of excess gases.

Generally applicable to new flares. In existing plants, applicability may be restricted, e.g. due to maintenance time availability.

b.

Monitoring and recording as part of flare management

This includes continuous monitoring of the quantity of gas sent to flaring. It may include estimations of other parameters (e.g. composition of gas flow, heat content, ratio of assistance, velocity, purge gas flow rate, pollutant emissions (e.g. NOX, CO, hydrocarbons), noise). The recording of flaring events usually includes the duration and number of events and allows for the quantification of emissions and the potential prevention of future flaring events.

Generally applicable.

1.4.   Noise and vibrations

BAT 17. In order to prevent or, where that is not practicable, to reduce noise and vibration emissions, BAT is to set up, implement and regularly review a noise and vibration management plan, as part of the environmental management system (see BAT 1), that includes all of the following elements:

I.

a protocol containing appropriate actions and timelines;

II.

a protocol for conducting noise and vibration monitoring;

III.

a protocol for response to identified noise and vibration events, e.g. complaints;

IV.

a noise and vibration reduction programme designed to identify the source(s), to measure/estimate noise and vibration exposure, to characterise the contributions of the sources and to implement prevention and/or reduction measures.

Applicability

The applicability is restricted to cases where a noise or vibration nuisance at sensitive receptors is expected and/or has been substantiated.

BAT 18. In order to prevent or, where that is not practicable, to reduce noise and vibration emissions, BAT is to use one or a combination of the techniques given below.

Technique

Description

Applicability

a.

Appropriate location of equipment and buildings

Noise levels can be reduced by increasing the distance between the emitter and the receiver, by using buildings as noise screens and by relocating building exits or entrances.

For existing plants, the relocation of equipment and building exits or entrances may be restricted by a lack of space or excessive costs.

b.

Operational measures

This includes techniques such as:

(i)

inspection and maintenance of equipment;

(ii)

closing of doors and windows of enclosed areas, if possible;

(iii)

equipment operation by experienced staff;

(iv)

avoidance of noisy activities at night, if possible;

(v)

provisions for noise control during maintenance, traffic, handling and treatment activities.

Generally applicable.

c.

Low-noise equipment

This may include direct drive motors, compressors, pumps and flares.

d.

Noise and vibration control equipment

This includes techniques such as:

(i)

noise reducers;

(ii)

acoustic and vibrational insulation of equipment;

(iii)

enclosure of noisy equipment;

(iv)

soundproofing of buildings.

Applicability may be restricted by a lack of space (for existing plants).

e.

Noise attenuation

Noise propagation can be reduced by inserting obstacles between emitters and receivers (e.g. protection walls, embankments and buildings).

Applicable only to existing plants, as the design of new plants should make this technique unnecessary. For existing plants, the insertion of obstacles may be restricted by a lack of space.

For mechanical treatment in shredders of metal wastes, it is applicable within the constraints associated with the risk of deflagration in shredders.

1.5.   Emissions to water

BAT 19. In order to optimise water consumption, to reduce the volume of waste water generated and to prevent or, where that is not practicable, to reduce emissions to soil and water, BAT is to use an appropriate combination of the techniques given below.

Technique

Description

Applicability

a.

Water management

Water consumption is optimised by using measures which may include:

water-saving plans (e.g. establishment of water efficiency objectives, flow diagrams and water mass balances);

optimising the use of washing water (e.g. dry cleaning instead of hosing down, using trigger control on all washing equipment);

reducing the use of water for vacuum generation (e.g. use of liquid ring pumps with high boiling point liquids).

Generally applicable.

b.

Water recirculation

Water streams are recirculated within the plant, if necessary after treatment. The degree of recirculation is limited by the water balance of the plant, the content of impurities (e.g. odorous compounds) and/or the characteristics of the water streams (e.g. nutrient content).

Generally applicable.

c.

Impermeable surface

Depending on the risks posed by the waste in terms of soil and/or water contamination, the surface of the whole waste treatment area (e.g. waste reception, handling, storage, treatment and dispatch areas) is made impermeable to the liquids concerned.

Generally applicable.

d.

Techniques to reduce the likelihood and impact of overflows and failures from tanks and vessels

Depending on the risks posed by the liquids contained in tanks and vessels in terms of soil and/or water contamination, this includes techniques such as:

overflow detectors;

overflow pipes that are directed to a contained drainage system (i.e. the relevant secondary containment or another vessel);

tanks for liquids that are located in a suitable secondary containment; the volume is normally sized to accommodate the loss of containment of the largest tank within the secondary containment;

isolation of tanks, vessels and secondary containment (e.g. closing of valves).

Generally applicable.

e.

Roofing of waste storage and treatment areas

Depending on the risks posed by the waste in terms of soil and/or water contamination, waste is stored and treated in covered areas to prevent contact with rainwater and thus minimise the volume of contaminated run-off water.

Applicability may be constrained when high volumes of waste are stored or treated (e.g. mechanical treatment in shredders of metal waste).

f.

Segregation of water streams

Each water stream (e.g. surface run-off water, process water) is collected and treated separately, based on the pollutant content and on the combination of treatment techniques. In particular, uncontaminated waste water streams are segregated from waste water streams that require treatment.

Generally applicable to new plants.

Generally applicable to existing plants within the constraints associated with the layout of the water collection system.

g.

Adequate drainage infrastructure

The waste treatment area is connected to drainage infrastructure.

Rainwater falling on the treatment and storage areas is collected in the drainage infrastructure along with washing water, occasional spillages, etc. and, depending on the pollutant content, recirculated or sent for further treatment.

Generally applicable to new plants.

Generally applicable to existing plants within the constraints associated with the layout of the water drainage system.

h.

Design and maintenance provisions to allow detection and repair of leaks

Regular monitoring for potential leakages is risk-based, and, when necessary, equipment is repaired.

The use of underground components is minimised. When underground components are used, and depending on the risks posed by the waste contained in those components in terms of soil and/or water contamination, secondary containment of underground components is put in place.

The use of above-ground components is generally applicable to new plants. It may be limited however by the risk of freezing.

The installation of secondary containment may be limited in the case of existing plants.

i.

Appropriate buffer storage capacity

Appropriate buffer storage capacity is provided for waste water generated during other than normal operating conditions using a risk-based approach (e.g. taking into account the nature of the pollutants, the effects of downstream waste water treatment, and the receiving environment).

The discharge of waste water from this buffer storage is only possible after appropriate measures are taken (e.g. monitor, treat, reuse).

Generally applicable to new plants.

For existing plants, applicability may be limited by space availability and by the layout of the water collection system.

BAT 20. In order to reduce emissions to water, BAT is to treat waste water using an appropriate combination of the techniques given below.

Technique (23)

Typical pollutants targeted

Applicability

Preliminary and primary treatment, e.g.

a.

Equalisation

All pollutants

Generally applicable.

b.

Neutralisation

Acids, alkalis

c.

Physical separation, e.g. screens, sieves, grit separators, grease separators, oil-water separation or primary settlement tanks

Gross solids, suspended solids, oil/grease

Physico-chemical treatment, e.g.

d.

Adsorption

Adsorbable dissolved non-biodegradable or inhibitory pollutants, e.g. hydrocarbons, mercury, AOX

Generally applicable.

e.

Distillation/rectification

Dissolved non-biodegradable or inhibitory pollutants that can be distilled, e.g. some solvents

f.

Precipitation

Precipitable dissolved non-biodegradable or inhibitory pollutants, e.g. metals, phosphorus

g.

Chemical oxidation

Oxidisable dissolved non-biodegradable or inhibitory pollutants, e.g. nitrite, cyanide

h.

Chemical reduction

Reducible dissolved non-biodegradable or inhibitory pollutants, e.g. hexavalent chromium (Cr(VI))

i.

Evaporation

Soluble contaminants

j.

Ion exchange

Ionic dissolved non-biodegradable or inhibitory pollutants, e.g. metals

k.

Stripping

Purgeable pollutants, e.g. hydrogen sulphide (H2S), ammonia (NH3), some adsorbable organically bound halogens (AOX), hydrocarbons

Biological treatment, e.g.

l.

Activated sludge process

Biodegradable organic compounds

Generally applicable.

m.

Membrane bioreactor

Nitrogen removal

n.

Nitrification/denitrification when the treatment includes a biological treatment

Total nitrogen, ammonia

Nitrification may not be applicable in the case of high chloride concentrations (e.g. above 10 g/l) and when the reduction of the chloride concentration prior to nitrification would not be justified by the environmental benefits. Nitrification is not applicable when the temperature of the waste water is low (e.g. below 12 °C).

Solids removal, e.g.

o.

Coagulation and flocculation

Suspended solids and particulate-bound metals

Generally applicable.

p.

Sedimentation

q.

Filtration (e.g. sand filtration, microfiltration, ultrafiltration)

r.

Flotation


Table 6.1

BAT-associated emission levels (BAT-AELs) for direct discharges to a receiving water body

Substance/Parameter

BAT-AEL (24)

Waste treatment process to which the BAT-AEL applies

Total organic carbon (TOC) (25)

10-60 mg/l

All waste treatments except treatment of water-based liquid waste

10-100 mg/l (26)  (27)

Treatment of water-based liquid waste

Chemical oxygen demand (COD) (25)

30-180 mg/l

All waste treatments except treatment of water-based liquid waste

30-300 mg/l (26)  (27)

Treatment of water-based liquid waste

Total suspended solids (TSS)

5-60 mg/l

All waste treatments

Hydrocarbon oil index (HOI)

0,5-10 mg/l

Mechanical treatment in shredders of metal waste

Treatment of WEEE containing VFCs and/or VHCs

Re-refining of waste oil

Physico-chemical treatment of waste with calorific value

Water washing of excavated contaminated soil

Treatment of water-based liquid waste

Total nitrogen (Total N)

1-25 mg/l (28)  (29)

Biological treatment of waste

Re-refining of waste oil

10-60 mg/l (28)  (29)  (30)

Treatment of water-based liquid waste

Total phosphorus (Total P)

0,3-2 mg/l

Biological treatment of waste

1-3 mg/l (27)

Treatment of water-based liquid waste

Phenol index

0,05-0,2 mg/l

Re-refining of waste oil

Physico-chemical treatment of waste with calorific value

0,05-0,3 mg/l

Treatment of water-based liquid waste

Free cyanide (CN-) (31)

0,02-0,1 mg/l

Treatment of water-based liquid waste

Adsorbable organically bound halogens (AOX) (31)

0,2-1 mg/l

Treatment of water-based liquid waste

Metals and metalloids (31)

Arsenic (expressed as As)

0,01-0,05 mg/l

Mechanical treatment in shredders of metal waste

Treatment of WEEE containing VFCs and/or VHCs

Mechanical biological treatment of waste

Re-refining of waste oil

Physico-chemical treatment of waste with calorific value

Physico-chemical treatment of solid and/or pasty waste

Regeneration of spent solvents

Water washing of excavated contaminated soil

Cadmium (expressed as Cd)

0,01-0,05 mg/l

Chromium (expressed as Cr)

0,01-0,15 mg/l

Copper (expressed as Cu)

0,05-0,5 mg/l

Lead (expressed as Pb)

0,05-0,1 mg/l (32)

Nickel (expressed as Ni)

0,05-0,5 mg/l

Mercury (expressed as Hg)

0,5-5 μg/l

Zinc (expressed as Zn)

0,1-1 mg/l (33)

Arsenic (expressed as As)

0,01-0,1 mg/l

Treatment of water-based liquid waste

Cadmium (expressed as Cd)

0,01-0,1 mg/l

Chromium (expressed as Cr)

0,01-0,3 mg/l

Hexavalent chromium (expressed as Cr(VI))

0,01-0,1 mg/l

Copper (expressed as Cu)

0,05-0,5 mg/l

Lead (expressed as Pb)

0,05-0,3 mg/l

Nickel (expressed as Ni)

0,05-1 mg/l

Mercury (expressed as Hg)

1-10 μg/l

Zinc (expressed as Zn)

0,1-2 mg/l

The associated monitoring is given in BAT 7.

Table 6.2

BAT-associated emission levels (BAT-AELs) for indirect discharges to a receiving water body

Substance/Parameter

BAT-AEL (34)  (35)

Waste treatment process to which the BAT-AEL applies

Hydrocarbon oil index (HOI)

0,5-10 mg/l

Mechanical treatment in shredders of metal waste

Treatment of WEEE containing VFCs and/or VHCs

Re-refining of waste oil

Physico-chemical treatment of waste with calorific value

Water washing of excavated contaminated soil

Treatment of water-based liquid waste

Free cyanide (CN-) (36)

0,02-0,1 mg/l

Treatment of water-based liquid waste

Adsorbable organically bound halogens (AOX) (36)

0,2-1 mg/l

Treatment of water-based liquid waste

Metals and metalloids (36)

Arsenic (expressed as As)

0,01-0,05 mg/l

Mechanical treatment in shredders of metal waste

Treatment of WEEE containing VFCs and/or VHCs

Mechanical biological treatment of waste

Re-refining of waste oil

Physico-chemical treatment of waste with calorific value

Physico-chemical treatment of solid and/or pasty waste

Regeneration of spent solvents

Water washing of excavated contaminated soil

Cadmium (expressed as Cd)

0,01-0,05 mg/l

Chromium (expressed as Cr)

0,01-0,15 mg/l

Copper (expressed as Cu)

0,05-0,5 mg/l

Lead (expressed as Pb)

0,05-0,1 mg/l (37)

Nickel (expressed as Ni)

0,05-0,5 mg/l

Mercury (expressed as Hg)

0,5-5 μg/l

Zinc (expressed as Zn)

0,1-1 mg/l (38)

Arsenic (expressed as As)

0,01-0,1 mg/l

Treatment of water-based liquid waste

Cadmium (expressed as Cd)

0,01-0,1 mg/l

Chromium (expressed as Cr)

0,01-0,3 mg/l

Hexavalent chromium (expressed as Cr(VI))

0,01-0,1 mg/l

Copper (expressed as Cu)

0,05-0,5 mg/l

Lead (expressed as Pb)

0,05-0,3 mg/l

Nickel (expressed as Ni)

0,05-1 mg/l

Mercury (expressed as Hg)

1-10 μg/l

Zinc (expressed as Zn)

0,1-2 mg/l

The associated monitoring is given in BAT 7.

1.6.   Emissions from accidents and incidents

BAT 21. In order to prevent or limit the environmental consequences of accidents and incidents, BAT is to use all of the techniques given below, as part of the accident management plan (see BAT 1).

Technique

Description

a.

Protection measures

These include measures such as:

protection of the plant against malevolent acts;

fire and explosion protection system, containing equipment for prevention, detection, and extinction;

accessibility and operability of relevant control equipment in emergency situations.

b.

Management of incidental/accidental emissions

Procedures are established and technical provisions are in place to manage (in terms of possible containment) emissions from accidents and incidents such as emissions from spillages, firefighting water, or safety valves.

c.

Incident/accident registration and assessment system

This includes techniques such as:

a log/diary to record all accidents, incidents, changes to procedures and the findings of inspections;

procedures to identify, respond to and learn from such incidents and accidents.

1.7.   Material efficiency

BAT 22. In order to use materials efficiently, BAT is to substitute materials with waste.

Description

Waste is used instead of other materials for the treatment of wastes (e.g. waste alkalis or waste acids are used for pH adjustment, fly ashes are used as binders).

Applicability

Some applicability limitations derive from the risk of contamination posed by the presence of impurities (e.g. heavy metals, POPs, salts, pathogens) in the waste that substitutes other materials. Another limitation is the compatibility of the waste substituting other materials with the waste input (see BAT 2).

1.8.   Energy efficiency

BAT 23. In order to use energy efficiently, BAT is to use both of the techniques given below.

Technique

Description

a.

Energy efficiency plan

An energy efficiency plan entails defining and calculating the specific energy consumption of the activity (or activities), setting key performance indicators on an annual basis (for example, specific energy consumption expressed in kWh/tonne of waste processed) and planning periodic improvement targets and related actions. The plan is adapted to the specificities of the waste treatment in terms of process(es) carried out, waste stream(s) treated, etc.

b.

Energy balance record

An energy balance record provides a breakdown of the energy consumption and generation (including exportation) by the type of source (i.e. electricity, gas, conventional liquid fuels, conventional solid fuels, and waste). This includes:

(i)

information on energy consumption in terms of delivered energy;

(ii)

information on energy exported from the installation;

(iii)

energy flow information (e.g. Sankey diagrams or energy balances) showing how the energy is used throughout the process.

The energy balance record is adapted to the specificities of the waste treatment in terms of process(es) carried out, waste stream(s) treated, etc.

1.9.   Reuse of packaging

BAT 24. In order to reduce the quantity of waste sent for disposal, BAT is to maximise the reuse of packaging, as part of the residues management plan (see BAT 1).

Description

Packaging (drums, containers, IBCs, pallets, etc.) is reused for containing waste, when it is in good condition and sufficiently clean, depending on a compatibility check between the substances contained (in consecutive uses). If necessary, packaging is sent for appropriate treatment prior to reuse (e.g. reconditioning, cleaning).

Applicability

Some applicability restrictions derive from the risk of contamination of the waste posed by the reused packaging.

2.   BAT CONCLUSIONS FOR THE MECHANICAL TREATMENT OF WASTE

Unless otherwise stated, the BAT conclusions presented in Section 2 apply to the mechanical treatment of waste when it is not combined with biological treatment, and in addition to the general BAT conclusions in Section 1.

2.1.   General BAT conclusions for the mechanical treatment of waste

2.1.1.   Emissions to air

BAT 25. In order to reduce emissions to air of dust, and of particulate-bound metals, PCDD/F and dioxin-like PCBs, BAT is to apply BAT 14d and to use one or a combination of the techniques given below.

Technique

Description

Applicability

a.

Cyclone

See Section 6.1.

Cyclones are mainly used as preliminary separators for coarse dust.

Generally applicable.

b.

Fabric filter

See Section 6.1.

May not be applicable to exhaust air ducts directly connected to the shredder when the effects of deflagration on the fabric filter cannot be mitigated (e.g. by using pressure relief valves).

c.

Wet scrubbing

See Section 6.1.

Generally applicable.

d.

Water injection into the shredder

The waste to be shredded is damped by injecting water into the shredder. The amount of water injected is regulated in relation to the amount of waste being shredded (which may be monitored via the energy consumed by the shredder motor).

The waste gas that contains residual dust is directed to cyclone(s) and/or a wet scrubber.

Only applicable within the constraints associated with local conditions (e.g. low temperature, drought).


Table 6.3

BAT-associated emission level (BAT-AEL) for channelled dust emissions to air from the mechanical treatment of waste

Parameter

Unit

BAT-AEL

(Average over the sampling period)

Dust

mg/Nm3

2-5 (39)

The associated monitoring is given in BAT 8.

2.2.   BAT conclusions for the mechanical treatment in shredders of metal waste

Unless otherwise stated, the BAT conclusions presented in this section apply to the mechanical treatment in shredders of metal waste, in addition to BAT 25.

2.2.1.   Overall environmental performance

BAT 26. In order to improve the overall environmental performance, and to prevent emissions due to accidents and incidents, BAT is to use BAT 14g and all of the techniques given below:

(a)

implementation of a detailed inspection procedure for baled waste before shredding;

(b)

removal of dangerous items from the waste input stream and their safe disposal (e.g. gas cylinders, non-depolluted EoLVs, non-depolluted WEEE, items contaminated with PCBs or mercury, radioactive items);

(c)

treatment of containers only when accompanied by a declaration of cleanliness.

2.2.2.   Deflagrations

BAT 27. In order to prevent deflagrations and to reduce emissions when deflagrations occur, BAT is to use technique a. and one or both of the techniques b. and c. given below.

Technique

Description

Applicability

a.

Deflagration management plan

This includes:

a deflagration reduction programme designed to identify the source(s), and to implement measures to prevent deflagration occurrences, e.g. inspection of waste input as described in BAT 26a, removal of dangerous items as described in BAT 26b;

a review of historical deflagration incidents and remedies and the dissemination of deflagration knowledge;

a protocol for response to deflagration incidents.

Generally applicable.

b.

Pressure relief dampers

Pressure relief dampers are installed to relieve pressure waves coming from deflagrations that would otherwise cause major damage and subsequent emissions.

c.

Pre-shredding

Use of a low-speed shredder installed upstream of the main shredder

Generally applicable for new plants, depending on the input material.

Applicable for major plant upgrades where a significant number of deflagrations have been substantiated.

2.2.3.   Energy efficiency

BAT 28. In order to use energy efficiently, BAT is to keep the shredder feed stable.

Description

The shredder feed is equalised by avoiding disruption or overload of the waste feed which would lead to unwanted shutdowns and start-ups of the shredder.

2.3.   BAT conclusions for the treatment of WEEE containing VFCs and/or VHCs

Unless otherwise stated, the BAT conclusions presented in this section apply to the treatment of WEEE containing VFCs and/or VHCs, in addition to BAT 25.

2.3.1.   Emissions to air

BAT 29. In order to prevent or, where that is not practicable, to reduce emissions of organic compounds to air, BAT is to apply BAT 14d, BAT 14h and to use technique a. and one or both of the techniques b. and c. given below.

Technique

Description

a.

Optimised removal and capture of refrigerants and oils

All refrigerants and oils are removed from the WEEE containing VFCs and/or VHCs and captured by a vacuum suction system (e.g. achieving refrigerant removal of at least 90 %). Refrigerants are separated from oils and the oils are degassed.

The amount of oil remaining in the compressor is reduced to a minimum (so that the compressor does not drip).

b.

Cryogenic condensation

Waste gas containing organic compounds such as VFCs/VHCs is sent to a cryogenic condensation unit where they are liquefied (see description in Section 6.1). The liquefied gas is stored in pressurised vessels for further treatment.

c.

Adsorption

Waste gas containing organic compounds such as VFCs/VHCs is led into adsorption systems (see description in Section 6.1). The spent activated carbon is regenerated by means of heated air pumped into the filter to desorb the organic compounds. Subsequently, the regeneration waste gas is compressed and cooled in order to liquefy the organic compounds (in some cases by cryogenic condensation). The liquefied gas is then stored in pressurised vessels. The remaining waste gas from the compression stage is usually led back into the adsorption system in order to minimise VFC/VHC emissions.


Table 6.4

BAT-associated emission levels (BAT-AELs) for channelled TVOC and CFC emissions to air from the treatment of WEEE containing VFCs and/or VHCs

Parameter

Unit

BAT-AEL

(Average over the sampling period)

TVOC

mg/Nm3

3-15

CFCs

mg/Nm3

0,5-10

The associated monitoring is given in BAT 8.

2.3.2.   Explosions

BAT 30. In order to prevent emissions due to explosions when treating WEEE containing VFCs and/or VHCs, BAT is to use either of the techniques given below.

Technique

Description

a.

Inert atmosphere

By injecting inert gas (e.g. nitrogen), the oxygen concentration in enclosed equipment (e.g. in enclosed shredders, crushers, dust and foam collectors) is reduced (e.g. to 4 vol-%).

b.

Forced ventilation

By using forced ventilation, the hydrocarbon concentration in enclosed equipment (e.g. in enclosed shredders, crushers, dust and foam collectors) is reduced to < 25 % of the lower explosive limit.

2.4.   BAT conclusions for the mechanical treatment of waste with calorific value

In addition to BAT 25, the BAT conclusions presented in this section apply to the mechanical treatment of waste with calorific value covered by points 5.3(a)(iii) and 5.3(b)(ii) of Annex I to Directive 2010/75/EU.

2.4.1.   Emissions to air

BAT 31. In order to reduce emissions to air of organic compounds, BAT is to apply BAT 14d and to use one or a combination of the techniques given below.

Technique

Description

a.

Adsorption

See Section 6.1.

b.

Biofilter

c.

Thermal oxidation

d.

Wet scrubbing


Table 6.5

BAT-associated emission level (BAT-AEL) for channelled TVOC emissions to air from the mechanical treatment of waste with calorific value

Parameter

Unit

BAT-AEL

(Average over the sampling period)

TVOC

mg/Nm3

10-30 (40)

The associated monitoring is given in BAT 8.

2.5.   BAT conclusions for the mechanical treatment of WEEE containing mercury

Unless otherwise stated, the BAT conclusions presented in this section apply to the mechanical treatment of WEEE containing mercury, in addition to BAT 25.

2.5.1.   Emissions to air

BAT 32. In order to reduce mercury emissions to air, BAT is to collect mercury emissions at source, to send them to abatement and to carry out adequate monitoring.

Description

This includes all of the following measures:

equipment used to treat WEEE containing mercury is enclosed, under negative pressure and connected to a local exhaust ventilation (LEV) system;

waste gas from the processes is treated by dedusting techniques such as cyclones, fabric filters, and HEPA filters, followed by adsorption on activated carbon (see Section 6.1);

the efficiency of the waste gas treatment is monitored;

mercury levels in the treatment and storage areas are measured frequently (e.g. once every week) to detect potential mercury leaks.

Table 6.6

BAT-associated emission level (BAT-AEL) for channelled mercury emissions to air from the mechanical treatment of WEEE containing mercury

Parameter

Unit

BAT-AEL

(Average over the sampling period)

Mercury (Hg)

μg/Nm3

2-7

The associated monitoring is given in BAT 8.

3.   BAT CONCLUSIONS FOR THE BIOLOGICAL TREATMENT OF WASTE

Unless otherwise stated, the BAT conclusions presented in Section 3 apply to the biological treatment of waste, and in addition to the general BAT conclusions in Section 1. The BAT conclusions in Section 3 do not apply to the treatment of water-based liquid waste.

3.1.   General BAT conclusions for the biological treatment of waste

3.1.1.   Overall environmental performance

BAT 33. In order to reduce odour emissions and to improve the overall environmental performance, BAT is to select the waste input.

Description

The technique consists of carrying out the pre-acceptance, acceptance and sorting of the waste input (see BAT 2) so as to ensure the suitability of the waste input for the waste treatment, e.g. in terms of nutrient balance, moisture or toxic compounds which may reduce the biological activity.

3.1.2.   Emissions to air

BAT 34. In order to reduce channelled emissions to air of dust, organic compounds and odorous compounds, including H2S and NH3, BAT is to use one or a combination of the techniques given below.

Technique

Description

a.

Adsorption

See Section 6.1.

b.

Biofilter

See Section 6.1.

A pretreatment of the waste gas before the biofilter (e.g. with a water or acid scrubber) may be needed in the case of a high NH3 content (e.g. 5-40 mg/Nm3) in order to control the media pH and to limit the formation of N2O in the biofilter.

Some other odorous compounds (e.g. mercaptans, H2S) can cause acidification of the biofilter media and necessitate the use of a water or alkaline scrubber for pretreatment of the waste gas before the biofilter.

c.

Fabric filter

See Section 6.1. The fabric filter is used in the case of mechanical biological treatment of waste.

d.

Thermal oxidation

See Section 6.1.

e.

Wet scrubbing

See Section 6.1. Water, acid or alkaline scrubbers are used in combination with a biofilter, thermal oxidation or adsorption on activated carbon.


Table 6.7

BAT-associated emission levels (BAT-AELs) for channelled NH3, odour, dust and TVOC emissions to air from the biological treatment of waste

Parameter

Unit

BAT-AEL

(Average over the sampling period)

Waste treatment process

NH3  (41)  (42)

mg/Nm3

0,3-20

All biological treatments of waste

Odour concentration (41)  (42)

ouE/Nm3

200-1 000

Dust

mg/Nm3

2-5

Mechanical biological treatment of waste

TVOC

mg/Nm3

5-40 (43)

The associated monitoring is given in BAT 8.

3.1.3.   Emissions to water and water usage

BAT 35. In order to reduce the generation of waste water and to reduce water usage, BAT is to use all of the techniques given below.

Technique

Description

Applicability

a.

Segregation of water streams

Leachate seeping from compost piles and windrows is segregated from surface run-off water (see BAT 19f).

Generally applicable to new plants.

Generally applicable to existing plants within the constraints associated with the layout of the water circuits.

b.

Water recirculation

Recirculating process water streams (e.g. from dewatering of liquid digestate in anaerobic processes) or using as much as possible other water streams (e.g. water condensate, rinsing water, surface run-off water). The degree of recirculation is limited by the water balance of the plant, the content of impurities (e.g. heavy metals, salts, pathogens, odorous compounds) and/or the characteristics of the water streams (e.g. nutrient content).

Generally applicable.

c.

Minimisation of the generation of leachate

Optimising the moisture content of the waste in order to minimise the generation of leachate.