A4-0159/96

Decision on the common position established by the Council with a view to adopting a Council Directive concerning integrated pollution prevention and control (C4-0094/96 - 00/0526(SYN))

(Cooperation procedure: second reading)

The European Parliament,

- having regard to the common position of the Council, C4-0094/96 - 00/0526(SYN) ((OJ C 87, 25.3.1996, p. 8.)),

- having regard to its opinion at first reading ((OJ C 18, 23.01.1995, p. 82.)) on the Commission proposal to the Council COM(93)0423 ((OJ C 311, 17.11.1993, p. 6.)),

- having regard to the amended Commission proposal, COM(95)0088 - 00/0526(SYN) ((OJ C 165, 1.7.1995, p. 9.)),

- having been consulted by the Council pursuant to Article 189c of the EC Treaty,

- having regard to Rule 67 of its Rules of Procedure,

- having regard to the recommendation for second reading of the Committee on the Environment, Public Health and Consumer Protection (A4-0159/96),

1. Amends the common position as follows;

2. Instructs its President to forward this decision to the Council and the Commission.

Common position of the Council Amendments by Parliament

(Amendment 2)

Recital 10

>Original text>

10. Whereas the provisions of this Directive apply without prejudice to the provisions of Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of public and private projects on the environment; whereas, when information or conclusions obtained further to the application of that Directive have to be taken into consideration for the granting of authorization, this Directive does not affect the implementation of Directive 85/337/EEC;

>Text following EP vote>

10. Whereas the request expressed in Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of public and private projects on the environment has been incorporated in this Directive, thus integrating the requisite consideration of environmental interests in the Community authorization procedure for certain industrial installations and harmonizing and simplifying the procedural law for dealing with several media;

(Amendment 4)

Recital 17

>Original text>

17. Whereas emission limit values, parameters or equivalent technical measures should be based on the best available techniques, without prescribing the use of one specific technique or technology and taking into consideration the technical characteristics of the installation concerned, its geographical location and local environmental conditions; whereas in all cases the authorization conditions will lay down provisions on minimizing long-distance or transfrontier pollution and ensure a high level of protection for the environment as a whole;

>Text following EP vote>

17. Whereas emission limit values, parameters or equivalent technical measures should be based on the best available techniques, without prescribing the use of one specific technique or technology and taking into consideration the technical characteristics of the installation concerned; whereas in all cases the authorization conditions will lay down provisions on minimizing long-distance or transfrontier pollution and ensure a high level of protection for the environment as a whole;

(Amendment 5)

Recital 18

>Original text>

18. Whereas it is for the Member States to determine how the technical characteristics of the installation concerned, its geographical location and local environmental conditions can, where appropriate, be taken into consideration;

>Text following EP vote>

18. Whereas it is for the Member States to determine how the technical characteristics of the installation concerned can, where appropriate, be taken into consideration;

(Amendment 7)

Recital 24

>Original text>

24. Whereas the establishment of an inventory of principal emissions and sources responsible may be regarded as an important instrument making it possible in particular to compare pollution activities in the Community; whereas such an inventory will be prepared by the Commission, assisted by a regulatory committee;

>Text following EP vote>

24. Whereas the establishment of an inventory of principal emissions and sources responsible may be regarded as an important instrument making it possible in particular to compare pollution activities in the Community; whereas such an inventory will be prepared by the Commission, assisted by an advisory committee;

(Amendment 8)

Recital 25a (new)

>Text following EP vote>

25a. Whereas special attention must be given to the determination of emission limit values according to Article 18 of the Directive to ensure a better prevention based on the best available techniques to attain the aim of Article 130r of the Treaty;

(Amendment 10)

Article 1

>Original text>

The purpose of this Directive is to achieve integrated prevention and control of pollution arising from the activities listed in Annex I. It lays down measures designed to prevent or, where that is not practicable, to reduce emissions in the air, water and land from the abovementioned activities, including measures concerning waste, in order to achieve a high level of protection of the environment taken as a whole, without prejudice to Directive 85/337/EEC and other relevant Community provisions.

>Text following EP vote>

The purpose of this Directive is to achieve integrated prevention and control of pollution arising from the categories of industrial installation and activities listed in Annex I. It lays down measures designed to prevent, dispose of or, where that is not practicable, to reduce emissions in the air, water and land from the abovementioned installations and activities, including measures concerning waste, in order to assess their impact on the environment and thus achieve a high level of protection of the environment taken as a whole.

(Amendment 14)

Article 2(11), first subparagraph

>Original text>

11) 'best available techniques¨ shall mean the most effective and advanced stage in the development of activities and their methods of operation which indicate the practical suitability of particular techniques for providing in principle the basis for emission limit values designed to prevent and, where that is not practicable, generally to reduce emissions and the impact on the environment as a whole.

>Text following EP vote>

11) 'best available techniques¨ shall mean the most effective and advanced stage in the development of activities and their methods of operation which indicate the practical suitability of particular techniques for providing the basis for emission limit values designed to prevent and, where that is not practicable, generally to reduce emissions and the impact on the environment as a whole.

(Amendment 15)

Article 2(11), second indent

>Original text>

- 'available¨ techniques shall mean those developed on a scale which allows implementation in the relevant industrial sector, under economically and technically viable conditions, taking into consideration the costs and advantages, whether or not the techniques are used or produced inside the Member State in question, as long as they are reasonably accessible to the operator;

>Text following EP vote>

- 'available¨ techniques shall mean those developed on a scale which allows implementation in the relevant industrial sector, under economically and technically viable conditions, whether or not the techniques are used or produced inside the Member State in question, as long as they are reasonably accessible to the operator;

(Amendment 16)

Article 3(b)

>Original text>

(b) no significant pollution is caused;

>Text following EP vote>

(b) no hazard to human health or any other significant pollution can be caused;

(Amendment 17)

Article 3(f)

>Original text>

(f) the necessary measures are taken upon definitive cessation of activities to avoid any pollution risk and return the site of operation to a satisfactory state.

>Text following EP vote>

(f) the necessary measures are taken upon definitive cessation of activities to avoid any pollution risk and return the site of operation to a satisfactory state to ensure that human beings and the environment are not harmed.

(Amendment 18)

Article 6(1), first indent

>Original text>

- the installation and its activities;

>Text following EP vote>

- the installation and location, nature and extent of its activities;

(Amendment 19)

Article 6(1), fifth indent

>Original text>

- the nature and quantities of foreseeable emissions from the installation into each medium as well as identification of significant effects of the emissions on the environment;

>Text following EP vote>

- the nature and quantities of foreseeable emissions from the installation into each medium and of significant effects of the emissions on the environment;

(Amendment 20)

Article 6(1), sixth indent

>Original text>

- the proposed technology and other techniques for preventing or, where this is not possible, reducing emissions from the installation;

>Text following EP vote>

- the proposed technology and other techniques for preventing or, where this is not possible, reducing or disposing of emissions from the installation, and a description of the measures with which the objective of this Directive is to be fulfilled, including where necessary a list of the main possible solutions considered by the operator and details of the basic selection criteria with regard to the environmental impact;

(Amendment 21)

Article 6(1), 2nd subparagraph (new)

>Text following EP vote>

An application for a permit shall also include a non-technical summary of the details referred to in the above indents.

(Amendment 22)

Article 6(2)

>Original text>

2. Where information supplied in accordance with the requirements provided for in Council Directive 85/337/EEC or a safety report prepared in accordance with Council Directive 82/501/EEC of 24 June 1982 on the major-accident hazards of certain industrial activities or other information produced in response to other legislation fulfils any of the requirements of this Article, that information may be included in, or attached to, the application.

>Text following EP vote>

2. Where information supplied in accordance with the requirements provided for in Council Directive 85/337/EEC or a safety report prepared in accordance with Council Directive 82/501/EEC of 24 June 1982 on the major-accident hazards of certain industrial activities or other information produced in response to other legislation fulfils any of the requirements of this Article, that information shall be included in, or attached to, the application.

(Amendment 24)

Article 9(4)

>Original text>

4. Without prejudice to Article 10, the emission limit values and the equivalent parameters and technical measures referred to in paragraph 3 shall be based on the best available techniques, without prescribing the use of any technique or specific technology, but taking into account the technical characteristics of the installation concerned, its geographical location and the local environmental conditions. In all circumstances, the conditions of the permit shall contain provisions on the minimization of long-distance or transboundary pollution and ensure a high level of protection for the environment as a whole.

>Text following EP vote>

4. Without prejudice to Article 10, the emission limit values and the equivalent parameters and technical measures referred to in paragraph 3 shall be based on the best available techniques, without prescribing the use of any technique or specific technology, but may, where appropriate, take into account the technical characteristics of the installation concerned. In all circumstances, the conditions of the permit shall contain provisions on the minimization of the emission of the polluting substances referred to in Annex III and of long- distance or transboundary pollution and ensure a high level of protection for the environment as a whole.

(Amendment 28)

Article 13(1)

>Original text>

1. Member States shall take the necessary measures to ensure that competent authorities periodically reconsider and, where necessary, update permit conditions.

>Text following EP vote>

1. Member States shall take the necessary measures to ensure that competent authorities periodically, and at the latest ten years after the start-up of the installation and thereafter at least once every five years, reconsider permit conditions with a view to updating the permit. Where a permit is updated for one of the reasons set out in paragraph 2, the five-year period shall run from the date of the updating of the permit.

(Amendment 30)

Article 15(1), first subparagraph

>Original text>

1. Without prejudice to Council Directive 90/313/EEC of 7 June 1990 on the freedom of access to information on the environment, Member States shall take the necessary measures to ensure that applications for permits for new installations or for substantial changes are made available for an appropriate period of time to the public, to enable it to comment on them before the competent authority reaches its decision.

>Text following EP vote>

1. Without prejudice to Council Directive 90/313/EEC of 7 June 1990 on the freedom of access to information on the environment, Member States shall take the necessary measures to ensure that applications for permits for new installations or for substantial changes are made available for an appropriate period of time to the public, together with all appropriate information, in particular the impact study, to enable it to comment on them before the competent authority reaches its decision.

(Amendment 32)

Article 18a (new)

>Text following EP vote>

Article 18a

Other protective measures

1. This Directive shall not prevent any Member State from maintaining or introducing more stringent protective measures compatible with Community legislation. Those measures shall be notified to the Commission.

>Text following EP vote>

2. Member States may take other protection measures than those prescribed in this Directive, on condition that these measures are compatible with existing Community legislation. They may in particular:

>Text following EP vote>

- define areas which are particularly polluted or which should be specially protected and forbid the construction of certain categories of installations or make their operation subject to considerations additional to the requirement to use the best available techniques;

>Text following EP vote>

- use economic instruments where appropriate;

>Text following EP vote>

- require categories of installations, in addition to those listed in Annex I, to be subject to the provisions of this Directive;

>Text following EP vote>

- consider other substances and preparations, in addition to those listed in Annex III, as polluting substances.

>Text following EP vote>

3. Member States shall notify the Commission of the measures which have been adopted in application of this Article. On the basis of this information the Commission shall consider the need for harmonization of these measures and make appropriate proposals to the Council.

(Amendment 33)

Article 19

>Original text>

The Commission shall be assisted by

a committee composed of the representatives of the Member States and chaired by the representative of the Commission.

>Text following EP vote>

The Commission shall be assisted by a committee of an advisory nature composed of the representatives of Member States and chaired by a representative of the Commission.

>Original text>

The representative of the Commission shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft within a time limit which the chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148(2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the committee shall be weighted in the manner set out in that Article. The chairman shall not vote.

>Text following EP vote>

The representative of the Commission shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft of the measures to be taken within a time limit which the chairman may lay down according to the urgency of the matter, if necessary by taking a vote.

The opinion shall be recorded in the minutes; in addition, each Member State shall have the right to ask to have its position recorded in the minutes.

>Original text>

The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the committee.

>Text following EP vote>

The Commission shall take the utmost account of the opinion delivered by the committee. It shall inform the committee of the manner in which its opinion has been taken into account.

>Original text>

If the measures are not in accordance with the opinion of the committee, or if no opinion is delivered, the Commission shall, without delay, submit to the Council a proposal relating to the measures to be taken. The Council shall act by a qualified majority.

>Original text>

If, on the expiry of a period of three months from the date of referral to the Council, the Council has not acted, the proposal measures shall be adopted by the Commission.

(Amendment 34)

Article 20(3), third subparagraph

>Original text>

Acting on a proposal from the Commission, the Council shall, where necessary, amend the relevant provisions of the Directives referred to in Annex II in order to adapt them to the requirements of this Directive before the date of repeal of Directive 84/360/EEC, referred to in the first subparagraph.

>Text following EP vote>

Acting on a proposal from the Commission, the Council and the European Parliament shall, where necessary, amend the relevant provisions of the Directives referred to in Annex II in order to adapt them to the requirements of this Directive before the date of repeal of Directive 84/360/EEC, referred to in the first subparagraph.

(Amendment 35)

ANNEX I, introduction, (1)

>Original text>

1. Installations or parts of installations used for research, development and testing of new products and processes are not covered by this Directive.

>Text following EP vote>

1. This Directive excludes research facilities dealing only or mostly with research, and installations where for a maximum period of one year new processes, substances, fuels or products are developed or tested.

(Amendment 37)

ANNEX I(2.4)

>Original text>

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

>Text following EP vote>

2.4. Ferrous metal foundries with a production capacity exceeding 50 tonnes per day.

(Amendment 54)

Annex I(2.6)

>Original text>

2.6. Installations for surface treatment of metals and plastic materials using an electrolytic or chemical process where the volume of the treatment vats exceeds 30 m3.

>Text following EP vote>

2.6. Installations for surface treatment of metals and plastic materials using an electrolytic or chemical process where the volume of the containers for the treatment (coating/stripping/ conversion) exceeds 100m3, and more than 5 m3 of purified procedure water is produced per hour with the limit values for metals in accordance with the list.

(Amendment 39)

ANNEX I(3.5)

>Original text>

3.5. Installations for the manufacture of ceramic products by burning in particular roofing tiles, bricks, refractory bricks, tiles, stoneware or porcelain, with a production capacity exceeding 75 tonnes per day, and/or with a kiln capacity exceeding 4 m3 and exceeding a loading density of 300 kg/m3.

>Text following EP vote>

3.5. Installations for the manufacture of ceramic products by firing in particular roofing tiles, bricks, refractory bricks, tiles, stoneware or porcelain, with a production capacity per kiln exceeding 75 tonnes per day, and with a setting density per kiln exceeding 300 kg/m3.

(Amendment 57)

Annex I(6.4)(c)

>Original text>

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

>Text following EP vote>

(c) treatment and processing of milk, the quantity of milk received being greater than 500 tonnes per day (average value on an annual basis).

(Amendment 42)

ANNEX I(6.7)

>Original text>

6.7. Installations for the surface treatment of substances, objects or products using organic solvents, in particular for dressing, printing, coating, degreasing, waterproofing, sizing, painting, cleaning or impregnating, with a consumption capacity of more than 150 kg per hour or more than 200 tonnes per year.

>Text following EP vote>

6.7. Installations for the surface treatment of substances, objects or products using organic solvents, in particular for dressing, printing, coating, degreasing, waterproofing, sizing, painting, cleaning or impregnating, with a solvent input of more than 150 kg per hour or more than 200 tonnes per year.

(Amendment 44)

ANNEX III, Air (9a) (new)

>Text following EP vote>

9a. Bromine and its compounds

(Amendment 46)

ANNEX III, Water (12a) (new)

>Text following EP vote>

12a. Surfactant substances

(Amendment 49)

ANNEX IV, introduction

>Original text>

Considerations to be taken into account generally or in specific cases when determining best available techniques, as defined in Article 2(11), bearing in mind the likely costs and benefits of a measure and the principles of precaution and prevention:

>Text following EP vote>

Considerations to be taken into account generally when determining best available techniques, as defined in Article 2(11), bearing in mind the principles of precaution and prevention:

(Amendment 52)

ANNEX IV (8a) (new)

>Text following EP vote>

8a. the costs and benefits of a measure;