Index 
Texts adopted
Tuesday, 10 March 2009 - StrasbourgFinal edition
EC-Armenia agreement: air services *
 EC-Israel agreement: air services *
 Additional protocol to the Agreement between the EC and South Africa, to take account of the accession of Bulgaria and Romania to the EU ***
 Next steps in border management in the EU
 Cross-border transfers of companies' registered offices
  Resolution
  Annex
 Common European Asylum System
 Commission action plan towards an integrated internal control framework
 Cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters
 Implementation of Directive 2006/43/EC on statutory audits of annual accounts and consolidated accounts
 Equal treatment and access for men and women in the performing arts
 Type-approval requirements for the general safety of motor vehicles ***I
  Resolution
  Consolidated text
 Industrial emissions (integrated pollution prevention and control) (recast) ***I
  Resolution
  Consolidated text
  Annex
  Annex
  Annex
  Annex
  Annex
  Annex
  Annex
  Annex
  Annex
  Annex
 Statute for a European private company *
 Guidelines for the 2010 budget procedure – Section III
 Guidelines for the 2010 budget procedure – Sections I, II and IV to IX
 Integrity of online gambling
 Ensuring food quality, including harmonisation or mutual recognition of standards
 Commission Reports on Competition Policy 2006 and 2007
 Small Business Act

EC-Armenia agreement: air services *
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European Parliament legislative resolution of 10 March 2009 on the proposal for a Council decision on the conclusion of the Agreement between the European Community and the Republic of Armenia on certain aspects of air services (COM(2007)0729 – C6-0519/2008 – 2007/0251(CNS) )
P6_TA(2009)0082 A6-0049/2009

(Consultation procedure)

The European Parliament ,

–   having regard to the proposal for a Council decision (COM(2007)0729 ),

–   having regard to Articles 80(2) and 300(2), first subparagraph, first sentence, of the EC Treaty,

–   having regard to Article 300(3), first subparagraph, of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0519/2008 ),

–   having regard to Rules 51, 83(7) and 43(1) of its Rules of Procedure,

–   having regard to the report of the Committee on Transport and Tourism (A6-0049/2009 ),

1.   Approves conclusion of the agreement;

2.   Instructs its President to forward its position to the Council and the Commission, and the governments and parliaments of the Member States and the Republic of Armenia.


EC-Israel agreement: air services *
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European Parliament legislative resolution of 10 March 2009 on the proposal for a Council decision on the conclusion of the Agreement between the European Community and the State of Israel on certain aspects of air services (COM(2008)0178 – C6-0520/2008 – 2008/0068(CNS) )
P6_TA(2009)0083 A6-0059/2009

(Consultation procedure)

The European Parliament ,

–   having regard to the proposal for a Council decision (COM(2008)0178 ),

–   having regard to Articles 80(2) and 300 (2), first subparagraph, first sentence, of the EC Treaty,

–   having regard to Article 300(3), first subparagraph, of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0520/2008 ),

–   having regard to Rules 51, 83(7) and 43(1) of its Rules of Procedure,

–   having regard to the report of the Committee on Transport and Tourism (A6-0059/2009 ),

1.   Approves conclusion of the agreement;

2.   Instructs its President to forward its position to the Council and the Commission, and the governments and parliaments of the Member States and the State of Israel.


Additional protocol to the Agreement between the EC and South Africa, to take account of the accession of Bulgaria and Romania to the EU ***
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European Parliament legislative resolution of 10 March 2009 on the proposal for a Council decision concerning the conclusion of the additional protocol to the Agreement on Trade, Development and Cooperation between the European Community and its Member States, of the one part, and the Republic of South Africa, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union (16447/2008 - COM(2008)0749 – C6-0017/2009 – 2008/0212(AVC) )
P6_TA(2009)0084 A6-0073/2009

(Assent procedure)

The European Parliament ,

–   having regard to the text of the Council (16447/2008),

–   having regard to the request for assent submitted by the Council pursuant to Article 300(3), second subparagraph, in conjunction with Articles 310 and 300(2), first subparagraph, of the EC Treaty (C6-0017/2009 ),

–   having regard to Rules 75 and 83(7) of its Rules of Procedure,

–   having regard to the recommendation of the Committee on Development (A6-0073/2009 ),

1.   Gives its assent to conclusion of the additional protocol;

2.   Instructs its President to forward its position to the Council and Commission.


Next steps in border management in the EU
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European Parliament resolution of 10 March 2009 on the next steps in border management in the European Union and similar experiences in third countries (2008/2181(INI) )
P6_TA(2009)0085 A6-0061/2009

The European Parliament ,

–   having regard to the Commission Communication of 13 February 2008 entitled 'Preparing the next steps in border management in the European Union' (COM(2008)0069 ),

–   having regard to the Commission Communication of 13 February 2008 entitled 'Report on the evaluation and future development of the FRONTEX Agency' (COM(2008)0067 ),

–   having regard to the Commission Communication of 13 February 2008 entitled 'Examining the creation of a European Border Surveillance System (EUROSUR)' (COM(2008)0068 ),

–   having regard to the preliminary comments of the European Data Protection Supervisor of 3 March 2008 and to the joint comments of the Article 29 Data Protection Working Party and the Working Party on Police and Justice of 29 April 2008 on the three above mentioned communications,

–   having regard to the Council Conclusions on the management of the external borders of the Member States of the European Union,

–   having regard to Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code)(1) ,

–   having regard to Regulation (EC) No 767/2008 of the European Parliament and of the Council of 9 July 2008 concerning the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas (VIS Regulation)(2) ,

–   having regard to Council Regulation (EC) No 1104/2008 of 24 October 2008 on migration from the Schengen Information System (SIS 1+) to the second generation Schengen Information System (SIS II)(3) and to Council Decision 2008/839/JHA of 24 October 2008 on migration from the Schengen Information System (SIS 1+) to the second generation Schengen Information System (SIS II)(4) ,

–   having regard to the Commission Communication of 24 November 2005 on improved effectiveness, enhanced interoperability and synergies among European databases in the area of Justice and Home Affairs (COM(2005)0597 ),

–   having regard to its resolution of 18 December 2008 on the evaluation and future development of the FRONTEX Agency and of the European Border Surveillance System (EUROSUR)(5) ,

–   having regard to Rule 45 of its Rules of Procedure,

–   having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A6-0061/2009 ),

A.   whereas the dismantling of the EU's internal border controls is one of the greatest achievements of European integration,

B.   whereas an area without internal borders cannot function without shared responsibility and solidarity in managing its external borders,

C.   whereas attention should be paid to cooperation with the border security authorities of third countries' in line with general EU external policy,

D.   whereas the EU external border is crossed every year by 160 million EU citizens, 60 million third country nationals (TCNs) not requiring a visa, and 80 million requiring a visa,

E.   whereas measures to enhance border security must go hand in hand with facilitation of passenger flows and the promotion of mobility in an increasingly globalised world,

F.   whereas within the framework of EU integrated border management, several instruments and programmes have already been established, are in the course of preparation or are at the stage of policy development,

G.   whereas the Commission has stated that it intends to be ready in 2009-2010 to present legislative proposals for the introduction of an entry/exit system, a Registered Traveller Programme (RTP) and an Electronic System of Travel Authorisation (ESTA),

H.   whereas similar systems exist in Australia and are being implemented by the USA as part of the US-VISIT programme,

I.   whereas a comprehensive master plan setting out the overall architecture of the EU's border strategy as well as a thorough evaluation and assessment of existing systems and those under preparation are lacking,

Entry/exit system

1.   Is aware that the so-called 'overstayers', who are central to the proposed entry/exit system, are supposed to represent the biggest category of illegal immigrants in the EU; requests, however, more information on the data collected by an external contractor estimating that 'there were up to 8 million illegal immigrants within the EU25 in 2006'(6) ; insists, moreover, on a clear definition of the term 'overstayer', including the possible exemptions under specific conditions, and a closer qualitative and quantitative analysis of the threats/risks/costs they bring to European society;

2.   Points out that, although the proposed system and alert information might help to deter TCNs from overstaying, as well as provide data and information on patterns, further contact with law enforcement agencies is still necessary for an individual who overstays his or her period of admission to be apprehended, and therefore does not believe that the proposed system will put an end to the 'overstay' phenomenon as such;

3.   Does not have sufficient information on how this system will be integrated in – and interact with – the existing framework, on the possible changes that might need to be made to existing systems and on the actual costs generated by it; is therefore of the opinion that the absolute need to implement such a system remains doubtful;

4.   Recalls that the correct functioning of the entry/exit system will depend both materially and operationally on the success of the VIS and SIS II; points out that these instruments are not yet fully operational and that it has thus not yet been possible to evaluate them properly; stresses that the operability and reliability of the SIS II are being called into question;

5.   Notes that, without a doubt and following the lessons learned in the USA, it is more challenging to implement exit capability than entry, and in particular with regard to sea and land exit; furthermore, following the same lessons learned, has considerable concerns about the cost-effectiveness of such a system; therefore calls on the Commission to provide additional information on the actual investment generated by such a system;

Registered Traveller Programme (RTP)

6.   Supports in principle the concept of an RTP for TCNs, whether or not subject to visa requirements, which would help speed up traveller flows and prevent congestion at entry and exit points, and the possible use of automated gates by EU citizens, since Community law as it currently stands does not allow for the simplification of border checks except in the case of TCNs residing in border areas;

7.   Criticises, however, the terminology used in the Communication entitled 'Preparing the next steps in border management in the European Union' ('low-risk'/'bona fide ' travellers), as it would imply that a huge number of travellers are considered a priori as 'high-risk' or 'mala fide ', and recommends the term "frequent travellers";

8.   Points out that several Member States have already set up or are preparing such an RTP for TCNs, and highlights the risk of ending up with a patchwork of twenty-seven systems based on different criteria, including those on data-protection and fees; is aware of the fact that the Netherlands, together with Germany, the UK and FRONTEX, are seeking to promote the 'International Expedited Traveller Programme' as a possible blueprint for other Member States;

9.   Advocates a harmonised approach and therefore urges the Commission to speed up the process, on the basis of best practices in Member States, and to make sure that Member States continue to act in conformity with Community law;

10.   Notes that, in fact, RTPs for TCNs are different from RTPs for Union citizens; stresses therefore that a clear distinction between the two must be made at all times;

Electronic System of Travel Authorisation (ESTA)

11.   Acknowledges that it would be unwise to focus attention in terms of security measures only on TCNs travelling to the EU from countries with a visa requirement; questions, however, whether the proposed system is absolutely necessary and would like a thorough explanation of the rationale for it; is convinced that close cooperation between intelligence services in particular is the right way forward, rather than a massive collection of data in general;

12.   Wishes to be informed on the exact timetable and the details of the study as envisaged by the Commission;

Data protection and biometrics concerns

13.   Finds it unacceptable that the Commission failed to consult either the European Data Protection Supervisor (EDPS), who had nonetheless expressed a number of concerns, or the Article 29 Working Party prior to the adoption of the Communication entitled 'Preparing the next steps in border management in the European Union'; requests the Commission, therefore, to consult both in respect of any action to be taken under that Communication, as the proposed building blocks entail the processing of vast amounts of personal data;

14.   Is aware that biometrics are theoretically effective personal identifiers because the characteristics measured are thought to be distinctive of each person; however, underlines the fact that the reliability of biometrics is never absolute and that biometrics are not in all cases accurate; therefore points out that fall-back procedures should be provided for at all times and that risk profiles should be better defined;

15.   Insists on a standard protocol for the use and exchange of biometric information and interface control agreements to describe how the protocol will be used; is furthermore of the opinion that the use of biometrics should be subject to a quality standard in order to avoid divergences in acceptance between different systems used by Member States;

16.   Considers a "privacy by design" approach to be an essential feature of any development which risks jeopardising the personal information of individuals and the public's trust and confidence in those who hold information about them;

Conclusions

17.   Considers the objective of truly EU-integrated border management to be legitimate and agrees that it is important to continuously develop and strengthen the EU's common policy on border management;

18.   However, is of the opinion that, within the framework of border and immigration management, far-reaching proposals are piling up at an amazing pace; therefore asks the Commission to think in terms of the need for, and the cost of, the border logistics;

19 Deplores, moreover, the notion that the EU's border management policy should be founded on the idea that all travellers are potentially suspect and have to prove their good faith;

20.   Criticises the lack of a comprehensive master plan setting out the overall objectives and architecture of the EU's border management strategy as well as the absence of details showing how all related programmes and schemes (already in place, in the course of preparation or at the stage of policy development) are supposed to function together and how relationships among them can be optimised; takes the view that, when considering the architecture of the EU's border management strategy, the Commission should analyse first of all the effectiveness of the existing border management systems of the Member States, in order to bring about the optimal synergies between them;

21.   Stresses the need for an evaluation and assessment, first of all, of existing systems and those under preparation, and emphasises that the EU's ability to achieve its strategic goals depends to a great extent on its success in managing the interdependencies among related programmes, as duplication and inconsistency between them will have a negative impact on organisational performance and results as a consequence; is of the opinion that no new instruments or systems should be launched until the existing tools are fully operational, safe and reliable;

22.   Is of the opinion that, before any investment is made, it is of the utmost importance to have a clearly defined operational context in which to align all the measures and emerging initiatives; points out, moreover, that it should be crystal clear what modifications are necessary in order to ensure that technology and processes work in harmony, and stresses that all investments should be economically justified;

23.   Expresses doubts concerning the need for, and the proportionality of, the proposed measures, given their expense and the potential risks they pose for data protection; is therefore of the opinion that they should be assessed against those criteria before any formal proposal is envisaged;

24.   Acknowledges that striking a balance between ensuring the free movement of a growing number of people across borders and ensuring greater security for Europe's citizens is a complex exercise, and does not deny that the use of data offers clear advantages; at the same time, is of the opinion that public trust in government action can only be maintained if provision is made for sufficient data protection safeguards, supervision and redress mechanisms;

o
o   o

25.   Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States, the European Data Protection Supervisor and the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (Frontex).

(1) OJ L 105 13.4.2006, p. 1.
(2) OJ L 218, 13.8.2008, p. 60.
(3) OJ L 299, 8.11.2008, p. 1.
(4) OJ L 299, 8.11.2008, p. 43.
(5) Texts adopted, P6_TA(2008)0633 .
(6) SEC(2008)0153 .


Cross-border transfers of companies' registered offices
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Resolution
Annex
European Parliament resolution of 10 March 2009 with recommendations to the Commission on the cross-border transfer of the registered office of a company (2008/2196(INI) )
P6_TA(2009)0086 A6-0040/2009

The European Parliament ,

–   having regard to Article 192, second paragraph, of the EC Treaty,

–   having regard to Articles 43 and 48 of the EC Treaty,

–   having regard to the Commission communication of 21 May 2003 entitled "Modernising Company Law and Enhancing Corporate Governance in the European Union – A Plan to Move Forward" (COM(2003)0284 ),

–   having regard to its resolution of 21 April 2004 on the communication from the Commission to the Council and the European Parliament: Modernising company law and enhancing corporate governance in the European Union – A plan to move forward(1) ,

–   having regard to its resolution of 4 July 2006 on recent developments and prospects in relation to company law(2) ,

–   having regard to its resolution of 25 October 2007 on the European Private Company and the Fourteenth Company Law Directive on the transfer of the company seat(3) ,

–   having regard to the judgments of the Court of Justice in Daily Mail and General Trust (4) , Centros (5) , Überseering (6) , Inspire Art (7) , SEVIC Systems (8) and Cadbury Schweppes (9) ,

–   having regard to Rules 39 and 45 of its Rules of Procedure,

–   having regard to the report of the Committee on Legal Affairs and the opinion of the Committee on Economic and Monetary Affairs (A6-0040/2009 ),

A.   whereas companies should enjoy freedom of establishment within the internal market as enshrined in the EC Treaty and interpreted by the Court of Justice,

B.   whereas cross-border company migration is one of the crucial elements in the completion of the internal market,

C.   whereas a cross-border transfer of the registered office of a company should not give rise to its winding-up or any other interruption or loss of legal personality,

D.   whereas a cross-border transfer of the registered office should not circumvent legal, social and fiscal conditions,

E.   whereas the rights of other stakeholders concerned by the transfer, such as minority shareholders, employees and creditors, etc, should be safeguarded,

F.   whereas the relevant acquis communautaire providing for cross-border information, consultation and participation rights of employees as well as safeguarding pre-existing employee participation rights (Directives 94/45/EC(10) and 2005/56/EC(11) ) should be fully preserved, and whereas, consequently, the transfer of a registered office should not result in the loss of those existing rights,

G.   whereas a rule requiring a company to maintain its head office and its registered office in the same Member State would run counter to the case-law of the Court of Justice on freedom of establishment and would therefore infringe EC law,

1.   Requests the Commission to submit to Parliament by 31 March 2009, on the basis of Article 44 of the EC Treaty, a legislative proposal for a directive laying down measures for coordinating Member States" national legislation in order to facilitate the cross-border transfer within the Community of the registered office of a company formed in accordance with the legislation of a Member State ("14th Company Law Directive"), and requests that the proposal in question be drawn up within the framework of inter-institutional deliberations and following the detailed recommendations set out below;

2.   Notes that undertakings can currently transfer their seat only either by dissolution and the establishment of a new legal entity in the Member State of destination, or by establishing a new legal entity in the Member State of destination and then merging both undertakings; further notes that this procedure involves administrative obstacles, costs and social consequences and offers no legal certainty;

3.   Draws attention to the freedom of establishment that is guaranteed for undertakings under Article 48 of the EC Treaty, as interpreted by the Court of Justice(12) ;

4.   Notes that a transfer of a company seat implies a transfer of supervision; points out that, in the context of the drafting of the 14th Company Law Directive on the cross-border transfer of registered offices, the maintenance of the existing rights of shareholders, creditors and workers must be guaranteed and the existing equilibrium in the management of the company ("corporate governance") must be preserved;

5.   Proposes that reference be made in the new directive to Directive 94/45/EC and Directive 2005/56/EC, in order to guarantee the coherence and substantive nature of employee participation procedures in the application of EU company law directives;

6.   Takes the view that a transfer of a company's seat must be preceded by the issuing of a transfer plan and a report explaining and justifying the legal and economic aspects and any consequences of the transfer for shareholders and employees; points out that the transfer plan and the report must be made available in good time to all those involved;

7.   Emphasises the positive effects of tax competition on economic growth in the context of the Lisbon Strategy;

8.   Notes that a transfer of a company seat should be tax-neutral;

9.   Suggests that the exchange of information and mutual assistance between tax authorities be improved;

10.   Calls for transparency in the application of the new directive in the Member States and therefore proposes a reporting requirement for Member States vis-à-vis the Commission whereby undertakings transferring their registered office under the directive must be entered in a European companies register; points out that, in the interests of better law-making, excessive information ("overkill") must be avoided when the reporting requirement is transposed into national law, provided that sufficient information is guaranteed;

11.   Confirms that the recommendations respect the principle of subsidiarity and the fundamental rights of citizens;

12.   Considers that the requested proposal does not have any financial implications;

13.   Instructs its President to forward this resolution and the accompanying detailed recommendations to the Commission and the Council and to the parliaments and governments of the Member States.

ANNEX TO THE RESOLUTION:

DETAILED RECOMMENDATIONS ON THE CONTENT OF THE PROPOSAL REQUESTED

The European Parliament requests the Commission to put forward a proposal for a directive that should contain the following elements:

Recommendation 1 (effects of a cross-border transfer of the registered office)

Cross-border transfers of registered offices shall not give rise to the winding-up of the company concerned or to any interruption or loss of its legal personality; consequently, the company shall retain its legal identity and all its assets, liabilities and contractual relations shall remain unaffected. Furthermore, the transfer shall not circumvent legal, social and fiscal conditions. The transfer shall take effect on the date of registration in the host Member State. From the date of registration in the host Member State, the company shall be governed by the legislation of that State.

Recommendation 2 (transfer procedure within the company)

The management or board of a company planning a transfer shall be required to draw up a transfer proposal. The proposal shall cover at least:

   a) the legal form, name and registered office of the company in the home Member State;
   b) the envisaged legal form, name and registered office of the company in the host Member State;
   c) the memorandum and articles of association envisaged for the company in the host Member State;
   d) the timetable envisaged for the transfer;
   e) the date from which the transactions of the company intending to transfer its registered office will be treated for accounting purposes as being located in the host Member State;
   f) where appropriate, detailed information on the transfer of the central administration or principal place of business;
   g) the rights guaranteed to the company's members, employees and creditors or the relevant measures proposed;
   h) if the company is managed on the basis of employee participation and if the national legislation of the host Member States does not impose such a scheme, information on the procedures whereby the arrangements for employee participation are determined.

The transfer proposal shall be submitted to the members and employee representatives of the company for examination within an appropriate period prior to the date of the company's meeting of shareholders.

A company planning a transfer shall be required to publish at least the following particulars pursuant to the applicable national legislation, in accordance with Directive 68/151/EEC(13) :

   a) the legal form, name and registered office of the company in the home Member State as well as those envisaged for the company in the host Member State;
   b) the register in which the documents and particulars referred to in Article 3(2) of Directive 68/151/EEC have been entered in respect of the company and the entry number in that register;
   c) an indication of the arrangements whereby creditors and minority shareholders of the company may exercise their rights and the address at which full information concerning those arrangements can be obtained free of charge.

The management or board of the company planning a transfer shall also draw up a report explaining and justifying the proposal's legal and economic aspects and indicating the consequences for the company's members, creditors and employees, unless agreed otherwise.

Recommendation 3 (transfer decision by meeting of the shareholders)

The shareholders' meeting shall approve the transfer proposal in accordance with the arrangements laid down and by the majority required to amend the memorandum and articles of association under the legislation applicable to the company in its home Member State.

If the company is managed on the basis of employee participation, the shareholders' meeting may make completion of the transfer conditional on its expressly approving the arrangements for employee participation.

Recommendation 4 (administrative transfer procedure and verification)

The home Member State shall verify the legality of the transfer procedure in accordance with its legislation. The competent authority designated by the home Member State shall issue a certificate conclusively declaring that all the acts and formalities required have been completed.

The certificate, a copy of the memorandum and articles of association envisaged for the company in the host Member State and a copy of the transfer proposal shall be presented within an appropriate period of time to the body responsible for registration in the host Member State. Those documents shall be sufficient to enable the company to be registered in the host Member State. The competent authority responsible for registration in the host Member State shall verify that the substantive and formal conditions for the transfer are met.

The competent authority in the host Member State shall give immediate notification of the registration to the respective authority in the home Member State. Thereupon, the home Member State authority shall remove the company from the register.

Registration in the host Member State and removal from the register in the home Member State shall be published. At least the following particulars must be covered:

   a) the date of registration;
   b) the new and former entry number in the respective registers of the home and host Member States.

Recommendation 5 (employee participation)

Employee participation shall be governed by the legislation of the host Member State.

However, the legislation of the host Member State shall not be applicable:

   a) where the host Member State does not provide for at least the same level of participation as operated in the company in the home Member State, or
   b) where the legislation of the host Member State does not give employees of establishments of the company situated in other Member States the same entitlement to exercise participation rights as enjoyed by such employees before the transfer.

In these cases, the provisions of Article 16 of Directive 2005/56/EC should apply accordingly.

Recommendation 6 (third parties concerned by the transfer)

Any company against which proceedings for winding-up, liquidation, insolvency or suspension of payments or other similar proceedings have been brought shall not be allowed to undertake a cross-border transfer of its registered office within the Community.

For the purposes of ongoing judicial or administrative proceedings which commenced before the transfer of the registered office, the company shall be regarded as having its registered office in the home Member State.

(1) OJ C 104 E, 30.4.2004, p. 714.
(2) OJ C 303 E, 13.12.2006, p. 114.
(3) OJ C 263 E, 16.10.2008, p. 671.
(4) Case 81/87 Daily Mail and General Trust [1988] ECR 5483.
(5) Case C-212/97 Centros [1999] ECR I-1459.
(6) Case C-208/00 Überseering [2002] ECR I-9919.
(7) Case C-167/01 Inspire Art [2003] ECR I-10155.
(8) Case C-411/03 SEVIC Systems [2005] ECR I-10805.
(9) Case C-196/04 Cadbury Schweppes [2006] ECR I-7995.
(10) Council Directive 94/45/EC of 22 September 1994 on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees (OJ L 254, 30.9.1994, p. 64).
(11) Directive 2005/56/EC of the European Parliament and of the Council of 26 October 2005 on cross-border mergers of limited liability companies (OJ L 310, 25.11.2005, p. 1).
(12) Judgment in Centros , cited above.
(13) First Council Directive 68/151/EEC of 9 March 1968 on co-ordination of safeguards which, for the protection of the interests of members and others, are required by Member States of companies within the meaning of the second paragraph of Article 58 of the Treaty, with a view to making such safeguards equivalent throughout the Community (OJ L 65, 14.3.1968, p. 8).


Common European Asylum System
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European Parliament resolution of 10 March 2009 on the future of the Common European Asylum System (2008/2305(INI) )
P6_TA(2009)0087 A6-0050/2009

The European Parliament ,

–   having regard to Article 63(1) and (2) of the EC Treaty,

–   having regard to the Charter of Fundamental Rights of the European Union,

–   having regard to the 1951 Geneva Convention relating to the Status of Refugees, and the 1967 Additional Protocol thereto,

–   having regard to Council Regulation (EC) No 343/2003 of 18 February 2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national(1) ("the Dublin Regulation"),

–   having regard to Council Directive 2003/9/EC of 27 January 2003 laying down minimum standards for the reception of asylum seekers(2) ("Reception Directive"),

–   having regard to Council Directive 2005/85/EC of 1 December 2005 on minimum standards on procedures in Member States for granting and withdrawing refugee status(3) ("Asylum Directive"),

–   having regard to Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted(4) ,

–   having regard to the Commission report on the application of Directive 2003/9/EC of 27 January 2003 laying down minimum standards for the reception of asylum seekers (COM(2007)0745 ),

–   having regard to its resolution of 14 April 2005 on Lampedusa(5) ,

–   having regard to its resolution of 6 April 2006 on the situation with refugee camps in Malta(6) ,

–   having regard to its resolution of 21 June 2007 on entitled 'Asylum: practical cooperation, quality of decision-making in the common European asylum system'(7) ,

–   having regard to its resolution of 2 September 2008 on the evaluation of the Dublin system(8) ,

–   having regard to the reports of the Committee on Civil Liberties, Justice and Home Affairs on the visits to various holding centres in order to monitor reception conditions,

–   having regard to the judgment of the Court of Justice of the European Communities of 6 May 2008 in Case C-133/06 European Parliament v Council of the European Union(9) concerning an action for annulment of the Asylum Directive, seeking in particular annulment of the Directive's provisions on the procedure for adoption and amendment of minimum common lists of safe countries,

–   having regard to the European Pact on Immigration and Asylum adopted by the European Council on 16 October 2008, whose fourth objective is to 'construct a Europe of Asylum',

–   having regard to Rule 45 of its Rules of Procedure,

–   having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinion of the Committee on Development (A6-0050/2009 ),

A.   whereas the legislative instruments relating to the first phase of the establishment of the Common European Asylum System (CEAS) have allowed the introduction of common minimum standards but not of equal conditions of access to protection throughout the EU and, as a result, there are still problems such as secondary movements and multiple applications,

B.   whereas the Dublin system's first country of entry criteria can result in a disproportionate burden being imposed on some Member States, in particular on those constituting the EU's external border, simply as a result of their exposed location, and whereas this has harmful consequences for both Member States and asylum seekers,

C.   whereas the Commission's evaluation of the Dublin system reveals that, in 2005, the 13 border Member States had to deal with increasing challenges raised by the Dublin system,

D.   whereas, in its above-mentioned report on the Reception Directive, the Commission noted serious problems in its implementation, in particular in closed centres and transit zones, as the Parliamentary delegations were able to note at first hand during their many visits,

General considerations

1.   Notes that in the past year the number of refugees has grown to more than 12 million refugees and 26 million internally displaced people worldwide; in this context, supports the establishment of a CEAS and welcomes the Commission's Policy Plan on Asylum, serving as a roadmap for the completion of the CEAS;

2.   Regrets that, owing to the change of legal basis which will result from the entry into force of the Lisbon Treaty, there are plans to put back to 2012 the deadline for completion of the second phase of the CEAS, which is due to put an end to the unhealthy disparities between the asylum systems of Member States;

3.   Draws attention to the fact that recognition rates of candidates to refugee status for certain third-country nationals vary from approximately 0% up to 90% between Member States;

4.   Stresses that the harmonisation of standards leading to a common asylum procedure and uniform asylum status should result in a high level of protection throughout the EU and should not be based on the lowest common denominator, which would deprive the common asylum scheme of its added value;

5.   Regrets that the concept of the institution of asylum, an essential part of democracy and protection of human rights, has been severely eroded in recent years; reiterates the need for full respect for the rights and needs of asylum seekers and the principle of non-refoulement;

6.   Draws attention to the fact that the EU should provide for mechanisms at the external borders to identify asylum seekers and ensure that persons entitled to international protection gain access to EU territory, including in the context of its external border control operations;

7.   Welcomes the fact that the Commission has identified access for those in need of protection to be one of the overarching objectives of the CEAS;

8.   Calls on the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (Frontex) to provide detailed data relating to the number of asylum seekers identified as such during its operations and the plight of persons intercepted and sent back to a country of transit or origin during its operations; calls on the Commission to table a proposal for a revision of Frontex' mandate in order to explicitly state that protection and human rights concerns are an integral part of the management of the EU external borders;

9.   Welcomes the fact that the Commission recognises the need to ensure coherence with other policies that have an impact on international protection; calls therefore on the Commission to support and introduce initiatives to review and adapt all border management policies and practices such as Frontex and the European Border Surveillance System (EUROSUR) to guarantee refugees' access to protection in the EU and full respect for the principle of non-refoulement at the EU's external borders; in addition, stresses that the duty to render assistance as enshrined in the UN Convention on the Law of the Sea (UNCLOS) is legally binding on the Member States, the EU and Frontex;

Improvement of existing legislation

10.   Welcomes the fact that, in its above-mentioned judgment in Case C-133/06, the Court of Justice annulled paragraphs 1 and 2 of Article 29 and paragraph 3 of Article 36 of the Asylum Directive, which concerned the adoption or amendment of a minimum common list of safe countries of origin and a common list of safe third countries;

11.   Welcomes the positive initiatives carried out in some Member States to welcome asylum seekers – on submission of their request for international protection – in facilities that are open and fully integrated with local communities;

12.   Considers that asylum seekers are vulnerable persons who require appropriate reception conditions; draws attention to the fact that a prison environment can under no circumstances help them to overcome the traumas experienced in their countries of origin or during their journey to Europe;

13.   Welcomes the provisions mentioned in the latest Commission proposals that Member States shall not hold a person in detention for the sole reason that he or she is an applicant for international protection; considers that asylum seekers should, as a matter of principle, not be placed in detention, in view of their particularly vulnerable position;

14.   Regrets the fact that, in several Member States, asylum seekers are still detained following their irregular entry into the country, and therefore welcomes the insertion into the Reception Directive of procedural guarantees relating to detention; in this regard, is of the opinion that detention of asylum seekers should only be possible under very clearly defined exceptional circumstances and subject to the principle of necessity and proportionality with regard both to the manner and to the purpose of such detention; is also of the opinion that, where an asylum seeker is held in detention, that person should have a right to a remedy before a national court;

15.   Considers that the scope of the new Reception Directive must be clarified in order to cover holding centres, transit areas, border procedures and Dublin transferees;

16.   Welcomes the establishment, in the Reception Directive, of a formal system to immediately identify vulnerable persons, in particular unaccompanied minors, dependent elderly persons, disabled persons, pregnant women, single parents with children and persons who have suffered traumatic experiences, such as torture, rape, and psychological, physical and sexual violence;

17.   Considers that a single asylum application procedure and single standards for qualification as refugees or persons needing international protection should be established, covering all requests for 'international protection' (refugee status, subsidiary protection and temporary protection);

18.   Welcomes the fact that the Commission plans to clarify the conditions for granting subsidiary protection, and above all that it is suggesting that the level of entitlements and benefits to be granted to beneficiaries of this type of protection be reviewed; this should ensure greater parity of treatment at an enhanced level;

19.   Welcomes the Commission's intention to amend the Asylum Directive and stresses that the common asylum procedure should provide for clear, uniform and reasonable time limits for the authorities to decide on an asylum application, thus avoiding long and unwarranted waiting periods which could have negative consequences for asylum seekers" health and well-being; reiterates that granting of refugee or subsidiary protection status should always be subject to an individual assessment and in no way be limited to a generalised assessment (e.g. based on nationality) or conditionality (e.g. relating to the human rights situation in a country of origin);

20.   Considers it desirable to pool the information on countries of origin available to the various Member States and encourages the Commission to step up its efforts to set up a common databank; emphasises that the collection and presentation of country of origin information and the management of a portal should ensure that the country reports of different established experts are included, that the information is publicly accessible and kept distinct from its application by decision-makers (and therefore remains impartial and free from political influence) and that a fair balance is struck between governmental, non-governmental and international sources when collecting country of origin information;

21.  Welcomes the recast of the Dublin Regulation and the proposed provisions for a mechanism to suspend Dublin transfers if there are concerns that they could result in applicants not benefiting from adequate standards of protection in the responsible Member States, in particular in terms of reception conditions and access to asylum procedures, as well as in cases where those transfers would add to the burden on those Member States which are faced with disproportionate pressures due, in particular, to their geographical or demographic situation; stresses, however, that these provisions would ultimately be a political statement rather than an effective instrument to significantly support Member States without the introduction of a two-fold binding instrument for all Member States providing for the following:

   a) the secondment of officials from other Member States under the aegis of a European Asylum Support Office to assist those Member States which are faced with specific and problematic situations;
   b) a scheme to relocate beneficiaries of international protection from Member States which are faced with specific and problematic situations to others, in consultation with the Office of the United Nations High Commissioner for Refugees (UNHCR) and with the consent of the beneficiaries;

22.   Considers that under the revised Dublin Regulation asylum seekers should be granted the right to appeal against a transfer decision, such an appeal imposing an obligation on the courts or tribunals to examine ex-officio the necessity of temporarily suspending the enforcement of a transfer decision;

Administrative structures

23.   Firmly supports the establishment of a European Asylum Support Office, which should work in close cooperation with UNHCR and with NGOs specialised in asylum matters;

24.   Considers that one of the tasks of the European Asylum Support Office should be to conduct a detailed assessment of the remaining disparities between national asylum systems so as to contribute to their improvement;

25.   Considers that the activities of the European Asylum Support Office should include developing guidelines in order to facilitate more accurate assessment of asylum claims, promoting exchange of good practice, and monitoring the implementation and application of relevant EU legislation (supporting the Commission's role as guardian of the Treaties);

26.   Considers that practical consideration should be given to following up the treatment of those returned to their country of origin or departure as a result of protection claims being refused;

27.   Strongly encourages the Commission to pursue its efforts to establish a common European training programme on asylum, given that the quality of decisions adopted in this area is directly linked to that of the training and information provided for decision-makers at national level; takes the view that a consultation of civil society organisations specialised in this area with a view to drawing up training programmes would guarantee effectiveness in this respect;

28.   Considers that all decision-makers must have equal access to professionally and objectively researched country of origin information, which is a core tool for asylum authorities and appeal instances as well as for asylum seekers, who rely on it to help verify their claim for international protection;

29.   Stresses that during the waiting periods authorities should take into consideration the different needs of asylum seekers in a more fragile situation, such as children, people with disabilities and women, and provide the necessary infrastructure;

Integration of beneficiaries of international protection

30.   Acknowledges the importance of the integration of beneficiaries of international protection with regard to democracy, security and economic considerations;

31.   Regrets that the rules laid down by the Dublin Regulation to determine which country is responsible for consideration of an asylum request do not take account of the wishes of applicants, and considers that certain criteria relating to family, cultural and linguistic considerations should be given greater consideration in such decisions with a view to promoting the integration of asylum seekers;

32.   Urges the Council to reach an agreement on the extension of the scope of Council Directive 2003/109/EC of 25 November 2003 concerning the status of third country-nationals who are long-term residents(10) to cover refugees and beneficiaries of subsidiary protection;

33.   Welcomes the Commission's proposal in the Reception Directive to provide applicants with simplified access to the labour market, given that their integration into working life constitutes an essential condition for their integration in the host Member State and also assists in the development of skills which are of benefit both during their stay in the host Member State and, in the event of return, in their country of origin;

34.   Considers that, when determining the Member State responsible, the asylum system should facilitate integration by taking into account, among other elements, social, cultural and linguistic background, and the recognition of the educational achievements, professional qualification and skills of the asylum seeker that match economic needs in the host Member State;

35.   Recommends that no distinction be made between rights granted to refugees and beneficiaries of subsidiary protection; stresses in particular the need to improve access for beneficiaries of subsidiary protection to social and economic rights, given that this is essential to their integration;

Solidarity mechanisms

36.   Considers that one of the objectives of the CEAS should be to set up effective solidarity mechanisms in order to improve the situation of countries with the greatest flows of asylum seekers and experiencing difficulties in guaranteeing adequate reception conditions, processing applications within the prescribed time limits and procedures or integrating applicants who have been granted refugee status;

37.   Takes the view that solidarity cannot be confined to the granting of financial resources and calls for the effective implementation of internal resettlement and relocation mechanisms on a voluntary basis as envisaged by the European Pact on Immigration and Asylum; is of the view that this would enable beneficiaries of international protection to be received by a Member State other than the country which has granted them the benefit of that protection;

38.   Considers that consideration should be given to extending the scope of Directive 2001/55/EC(11) to enable, in particular, specific categories of persons requiring international protection for a provisional period to be received even where there is no mass influx;

39.   Encourages the creation, under the aegis of the future European Asylum Support Office, of teams of asylum experts who can assist Member States experiencing sudden and mass influxes of asylum seekers with which they cannot cope;

40.   Calls on the Commission to consider the possibility of setting up a European mechanism for transferring international protection, under the supervision of the future European Asylum Support Office, to allow the movement of refugees in Europe at their request and thus ease the burden borne by some Member States;

41.   Welcomes the fact that the Commission intends to launch a study to review the means of improving financial solidarity within the EU, and looks forward with interest to the proposals that will be drawn up in this context;

42.   Supports border monitoring agreements between national authorities, UNHCR and NGOs in the EU and the allocation of resources to this end under the EU External Borders Fund;

Cooperation with third countries

43.   Emphasises that the CEAS should be fully coherent with the objectives and activities in the area of refugee protection of EU instruments for cooperation with developing countries (such as the European Development Fund, the Development Cooperation Instrument (DCI), the European Neighbourhood and Partnership Instrument and the European Instrument for Democracy and Human Rights) and agreements and partnerships between the EU and developing countries (such as the Cotonou Agreement and the Africa-EU Strategic Partnership);

44.   Shares the Commission's view that asylum is an integral part of development cooperation with third countries rather than a crisis management tool; reiterates also that development cooperation, particularly crisis prevention, human rights monitoring, conflict transformation and peace-building, could serve as a means of preventing displacement; stresses therefore that the CEAS should be closely connected with EU development and humanitarian policies;

45.   Looks forward to the assessment of the Regional Protection Programmes due to take place in 2009; stresses that the development of such programmes should be fully coherent with National and Regional Action Plans, the Thematic Programme on Migration and Asylum of the DCI and, more generally, should never be a means to remove responsibilities from Member States and the EU; calls on the Commission to improve coordination of the measures taken by its various services in this context with a view to optimising synergies between them, and to report to Parliament on steps taken in this connection;

46.   Recognises the importance of strengthening the reception capacities of first-asylum countries and of setting up, at European level and in close cooperation with UNHCR, a resettlement programme laying down common criteria and coordination mechanisms;

47.   Also requests that an evaluation should be made of the adequacy of the funds available for measures relating to third countries, for example, protection within the region, especially in the light of Parliament's stated view that these measures require additional funding and not a reallocation of development funds;

48.   Calls on the Commission to promote greater participation by Member States in worldwide refugee resettlement efforts;

49.   Notes with great interest the idea of setting up 'Protected Entry Procedures' and strongly encourages the Commission to give due consideration to the specific procedures for and the practical implications of such measures;

50.   Looks forward with interest to the results of the study on the joint processing of asylum applications outside EU territory which the Commission plans to conduct in 2009, and warns against any temptation to transfer responsibility for welcoming asylum seekers and processing their requests to third countries or UNHCR;

o
o   o

51.   Instructs its President to forward this resolution to the Council, the Commission, the governments of the Member States, Frontex and the United Nations High Commissioner for Refugees.

(1) OJ L 50, 25.2.2003, p. 1.
(2) OJ L 31, 6.2.2003, p. 18.
(3) OJ L 326, 13.12.2005, p. 13.
(4) OJ L 304, 30.9.2004, p. 12.
(5) OJ C 33 E, 9.2.2006, p. 598.
(6) OJ C 293 E, 2.12.2006, p. 301.
(7) OJ C 146 E, 12.6.2008, p. 364.
(8) Texts adopted, P6_TA(2008)0385 .
(9) OJ C 158, 21.6.2008, p. 3.
(10) OJ L 16, 23.1.2004, p. 44.
(11) Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof (OJ L 212, 7.8.2001, p. 12).


Commission action plan towards an integrated internal control framework
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European Parliament resolution of 10 March 2009 on the Commission action plan towards an integrated internal control framework (2008/2150(INI) )
P6_TA(2009)0088 A6-0022/2009

The European Parliament ,

-   having regard to the EC Treaty,

-   having regard to Opinion No 2/2004 of the Court of Auditors of the European Communities on the 'single audit' model (and a proposal for a Community internal control framework)(1) ,

-   having regard to the Commission communication of 15 June 2005 on a roadmap to an integrated internal control framework (COM(2005)0252 ),

-   having regard to the Commission Communication of 17 January 2006 on the action plan towards an integrated internal control framework (COM(2006)0009 ),

-   having regard to the first half-yearly report on the scoreboard for the application of the Commission action plan towards an integrated internal control framework published on 19 July 2006 (SEC(2006)1009 ), pursuant to Parliament's request in its resolution of 27 April 2006 on the discharge for the financial year 2004(2) ,

-   having regard to the interim progress report of the Commission published on 7 March 2007 (COM(2007)0086 ), outlining progress and announcing some additional actions,

-   having regard to the Commission Communication of 27 February 2008 entitled 'Report on the Commission Action Plan towards an Integrated Internal Control Framework' (COM(2008)0110 ) and the Commission staff working paper annexed thereto (SEC(2008)0259 ),

-   having regard to the Commission communication of 4 June 2008 entitled 'Synthesis of the Commission's management achievements in 2007' (COM(2008)0338 ),

-   having regard to the Commission's annual report to the discharge authority on internal audits carried out in 2007 (COM(2008)0499 ),

-   having regard to the Commission's annual report to the discharge authority on the follow-up to the 2006 discharge decisions (COM(2008)0629 and COM(2008)0628 ) and the accompanying Commission staff working papers (SEC(2008)2579 and SEC(2008)2580 ),

-   having regard to the Annual Report of the European Court of Auditors on the implementation of the budget concerning the financial year 2007, together with the institutions" replies(3) ,

-   having regard to Rule 45 of its Rules of Procedure,

-   having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Budgets (A6-0022/2009 ),

A.   whereas under Article 274 of the EC Treaty the Commission implements the budget on its own responsibility, on the basis of the principles of sound financial management, in cooperation with the Member States,

B.   whereas the principle of effective internal control is one of the budgetary principles set out in Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (Financial Regulation)(4) following its amendment by Regulation (EC, Euratom) No 1995/2006 of 13 December 2006(5) , as proposed by the Commission in the action plan towards an integrated internal control framework (the "Action Plan"),

C.   whereas the most effective means for the Commission to demonstrate that it is genuinely committed to ensuring transparency and sound financial management is to do all it can to support measures seeking to enhance the quality of financial management, with a view to obtaining a positive statement of assurance (DAS(6) ) from the European Court of Auditors (ECA),

D.   whereas in paragraph 5 of its conclusions of 8 November 2005, the ECOFIN Council took the view that it was of fundamental importance to introduce an integrated internal control system and simplify the legislation on controls and requested 'that the Commission assess the cost of controls by area of expenditure',

E.   whereas to support the strategic objective of receiving a positive DAS from the ECA, the Commission adopted in January 2006 the Action Plan , drawing on recommendations of the ECA(7) , Parliament's resolution of 12 April 2005 on the discharge for the financial year 2003(8) and the ECOFIN conclusions of 8 November 2005,

F.   whereas the Action Plan addressed 'gaps' in the Commission's control structures at the time and identified 16 areas for action by the end of 2007, taking into account that improvement of financial management in the Union must be supported by a close monitoring of controls in the Commission and the Member States,

G.   whereas at paragraph 2.29 in Chapter 2 (concerning the Commission internal control system) of its Annual Report for 2007, the ECA points out that 'The Commission's summary report for 2007 provides a confident assessment of progress made in the implementation of the actions at this date, whilst indicating that the evidence of the effectiveness of the actions in terms of reducing the level of error in the underlying transactions may still be some way off',

H.   whereas, according to the Commission's response to paragraph 2.30 of the ECA's Annual Report for 2007, 'the implementation of the actions is a continuing process and is being pursued vigorously. The impact of the actions is necessarily posterior to their implementation over the years 2006 and 2007 and a first impact report will be made in early 2009',

1.   Welcomes the overall progress made in the development of the Action Plan and the fact that a majority of actions have been implemented and most of the gaps identified in the Action Plan filled;

2.   Stresses that an effective integrated internal control framework as envisaged in the Commission's Action Plan will allow the Commission and the Member States to better implement the EU budget according to political objectives and Parliament's priorities;

3.   Regrets the lack of clear language, and calls on the Commission to indicate at which stage it finds itself in the process of achieving an integrated internal control framework, and when it expects the measures taken to have visible and positive effects on the legality and regularity of transactions;

4.   Takes note of the impact report adopted by the Commission on 4 February 2009 (COM(2009)0043 ), and will take that report into consideration in the discharge resolution for the financial year 2007;

5.   Notes the efforts made by the Commission but regrets that, so far, the Commission has not been able to present complete and reliable figures on recoveries and financial corrections due to Member States' reporting problems; asks the Commission to solve these problems and expects it to present a detailed timetable for the development and application of a new reporting scheme;

6.   Points out that it is the impact of the actions which will form the basis of the evaluation of the success of the Action Plan through decreasing error rates and improved ratings of control systems confirmed by the ECA;

7.   Fully expects that such improvements will have a real impact on the ECA's Annual Report for 2008;

8.   Encourages the Commission to increase transparency in its impact assessment of the Action Plan and to fully supervise its implementation;

Actions 4, 10 and 10N: error index or acceptable risk of error - analysis of the existing balance between operational expenditure and the cost of the control system

9.   Regrets the fact that in two of the most important actions for this Parliament there is a degree of delay with regard to the planned calendar;

10.   Especially regrets the fact that Action 4 of the Action Plan concerning the launching of an inter-institutional initiative on the basic principles to be considered regarding the risks to be tolerated in the underlying transactions has not been yet implemented; agrees with the statement made by the ECA in its Opinion No 4/2006(9) that even if it is a vital concept for the integrated control system, how a 'tolerable level of risk' is to be determined has not yet been clarified;

11.   Points out that in paragraphs 2.9 and 2.10 of its Annual Report for 2005(10) , the ECA already took the view that, with respect to the establishment of an integrated internal control framework, 'one of the most important objectives approved by the Commission is represented by the proportionality and cost-effectiveness of controls';

12.   Recalls, furthermore, the above-mentioned conclusions of the ECOFIN Council of 8 November 2005, that stated that 'The Council believes, in line with the Court's opinion 2/2004, that it should reach an understanding with the European Parliament regarding the risks to be tolerated in the underlying transactions, having regard to the costs and benefits of controls for the different policy areas and the value of the expenditure concerned';

13.   Points out that at paragraph 2.42, point (c) of its Annual Report for 2007, the ECA recommends making progress in taking forward the concept of tolerable risk, and at paragraph 1.52, point (c) in Chapter 1 (concerning the Statement of Assurance and supporting information) of that report, it states that 'the balance between cost and residual risk for individual spending areas is of such importance that it should be approved by the political level (i.e. by the budget/discharge authorities) in the name of the citizens of the Union';

14.   Urges the Commission to promptly adopt the promised communication on this issue, with the aim of re-launching the inter-institutional discussion on tolerable risk as already requested by Parliament in its discharge resolution of 24 April 2007 for the financial year 2005(11) and its discharge resolution of 22 April 2008 for the financial year 2006(12) ; invites the Commission to fully disclose to the public the methods being used for the determination of rates of error,

15.   Considers, therefore, that the Commission, in line with the principles of proportionality and cost efficiency (value for money) of control systems, should evaluate the relationship between, on the one hand, the resources available for each particular policy, and, on the other, the part of those resources dedicated to the control systems broken down by area of expenditure, as requested by Parliament in its discharge resolution for the financial year 2005;

16.   Reminds the Commission of the importance of carrying out the comparative analysis which alone will enable the establishment of an acceptable risk level of error, and of forwarding it to Parliament, the Council and the ECA;

17.   Believes that the cost-benefit ratio existing between the resources dedicated to control activities and the results obtained by controls should be a key element to be taken into account by the ECA;

18.   Highlights the very important observation made by the ECA at paragraph 1.52, point (d), of its Annual Report for 2007 that 'If a scheme cannot be satisfactorily implemented at an acceptable level of cost and with tolerable risk it should be reconsidered';

19.   Asks the Commission, with regard to Actions 10 and 10N, to present reliable information on the costs of the control systems and on possible means of simplification with the aim of finding a better balance between the need for controls and the aim of lessening the administrative burden for applicants and beneficiaries of EU funds;

20.   Recalls its own view and the view of the Court of Auditors that complicated or unclear rules and complex legal requirements negatively impact on the legality and regularity of EU spending; considers it necessary to take up the issue of simplification as an important point in the next reform of the Financial Regulation and in the future legal basis of EU spending programmes;

Actions 1, 3, 3N, 5, 10, 10a, 11N, 13 and 15: cooperation with the Member States is needed

21.   Highlights that in relation to the implementation of Actions 1, 3, 3N, 5, 10, 10a, 11N, 13, and 15, the Commission is also dependant on cooperation with the Member States; emphasises that it fully supports these actions, and therefore urges the Commission to use every available tool at its disposal to implement them fully as soon as possible;

22.   Recalls the statement made by the Commission in its above-mentioned 2008 communication (COM(2008)0110 ) that Actions 1, 3, 3N, 5, 8 and 13 have been completed;

23.   Points out nevertheless that so far it has been unaware of supporting documents or statements justifying such a declaration; is forced therefore to seriously question whether these measures have been completed and whether they have been implemented or have had an impact on the progress of the implementation of the Action Plan;

24.   Calls on the Court of Auditors to report in more detail on cooperation with its national counterparts and to predict when this cooperation will show positive effects;

Actions 5 and 13: promotion of the use of annual summaries and management declarations

25.   Welcomes the annual summaries of available audits and declarations at national level, presented for the first time on 15 February 2008, which are a considerable step towards the target of improving management of EU funds; regrets, however, the lack of transparency concerning these annual summaries, which the Commission had not sent to Parliament;

26.   Welcomes the provision as from 2008 of annual summaries and the assessment and declarations provided in the 2006 and 2007 Annual Activity Reports of the Directorates-General dealing with Structural Funds, but is far from considering Actions 5 and 13 as having been completed as there is a lack of information to Parliament;

27.   Regrets that Parliament has until now not received complete information from the Commission concerning the assessment and comparative analysis of the first annual summaries presented;

28.   Points out moreover that in its Annual Report for 2007, the ECA states that due to the disparity of presentation, annual summaries do not yet provide a reliable assessment of the functioning and effectiveness of the system;

Action 11N: developing a typology of error and relationship with recoveries and financial corrections

29.   Regrets the fact that, despite the considerable efforts made by the Commission, according to the ECA the Commission was unable to present complete figures or demonstrate that the figures eventually presented could be clearly reconciled with the published financial statements;

30.   Encourages the Commission to complete the implementation of this important action in order to obtain a greater degree of compliance with reporting requirements and to improve the accuracy of the data provided by Member States;

Action 8N: cooperation with the National Supreme Audit Institutions and how their work can be used to provide assurance

31.   Points out that, although not a part of the internal control framework, the independent Supreme Audit Institutions, as external auditors of national public spending, may be able to play a key role in the audit of public funds;

32.   Fully supports the cooperation started by the Commission with some of the National Supreme Audit Institutions, and encourages continued contact with such institutions with the aim of determining how their work can be used to increase assurance as regards the execution of programmes in the Member States;

33.   Welcomes the Commission's initiative to develop a structured approach to support contacts with National Supreme Audit Institutions and furthermore encourages the Commission to complete the implementation of this action in close cooperation with the ECA;

o
o   o

34.   Instructs its President to forward this resolution to the Council, the Commission and the governments and parliaments of the Member States.

(1) OJ C 107, 30.4.2004, p. 1.
(2) OJ L 340, 6.12.2006, p. 5.
(3) OJ C 286, 10.11.2008, p.1.
(4) OJ L 248, 16.9.2002, p. 1.
(5) OJ L 390, 30.12.2006, p. 1.
(6) Abbreviation of the French term 'Déclaration d'assurance'.
(7) Opinion No 2/2004 (OJ C 107, 30.4.2004, p. 1) (the "Single Audit" Opinion).
(8) OJ L 196, 27.7.2005, p. 4.
(9) OJ C 273, 9.11.2006, p. 2.
(10) OJ C 263, 31.10.2006, p. 1.
(11) OJ L 187, 15.7.2008, p. 25.
(12) Texts adopted, P6_TA(2008)0133 .


Cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters
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European Parliament resolution of 10 March 2009 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters (2008/2180(INI) )
P6_TA(2009)0089 A6-0058/2009

The European Parliament ,

–   having regard to the Commission's report on the application of the Council Regulation (EC) No 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters (COM(2007)0769 ),

–   having regard to Council Regulation (EC) No 1206/2001(1) ,

–   having regard to the ongoing work of the Hague Conference on the practical operation of the Hague Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters,

–   having regard to Rule 45 of its Rules of Procedure,

–   having regard to the report of the Committee on Legal Affairs (A6-0058/2009 ),

A.   whereas Regulation (EC) No 1206/2001 has not been enforced as effectively as it might have been, and further action is therefore needed in order to improve cooperation between the Member States" courts for the purposes of taking evidence and enhancing the efficiency of the Regulation,

B.   whereas Regulation (EC) No 1206/2001 sets out to improve, simplify and accelerate cooperation between courts on the taking of evidence in civil and commercial matters,

C.   whereas the Commission admittedly arranged for the distribution of a total of 50 000 copies of the practice guide to Member States in late 2006/early 2007, but this was done much too late, and other steps accordingly need to be taken in addition so as to enable those involved in proceedings, especially courts and practitioners, to be better informed about the Regulation,

D.   whereas the Commission finds nevertheless that the 90-day time-limit for complying with requests for the taking of evidence laid down in Article 10(1) of the Regulation is exceeded in a "significant number of cases" and that "in some cases even more than 6 months are required",

E.   whereas only a few Member States currently have facilities for video-conferencing, which is consequently not being sufficiently used; whereas, in addition, Member States are not doing enough to introduce modern communications technology, and nor is the Commission proposing any specific remedies on that point,

1.   Condemns the late submission of the above-mentioned Commission report, which, according to Article 23 of Regulation (EC) No 1206/2001, should have been submitted by 1 January 2007 but in fact was not submitted until 5 December 2007;

2.   Concurs with the Commission that greater efforts should be made by Member States to bring the Regulation sufficiently to the attention of judges and practitioners in the Member States in order to encourage direct court-to-court contacts, since the direct taking of evidence provided for in Article 17 of the Regulation has shown its potential to simplify and accelerate the taking of evidence, without causing any particular problems;

3.   Considers that it is essential to bear in mind that the central bodies provided for in the Regulation still have an important role to play in overseeing the work of the courts which have responsibility for dealing with requests under the Regulation and in resolving problems when they arise; points out that the European Judicial Network can help to solve problems which have not been resolved by the central bodies and that recourse to those bodies could be reduced if requesting courts were made more aware of the Regulation; takes the view that the assistance provided by the central bodies may be critical for small local courts faced with a problem relating to the taking of evidence in a cross-border context for the first time;

4.   Advocates the extensive use of information technology and video-conferencing, coupled with a secure system for sending and receiving e-mails, which should become in due course the ordinary means of transmitting requests for the taking of evidence; notes that, in their responses to a questionnaire sent out by the Hague Conference, some Member States mention problems in connection with the compatibility of video links, and considers that this should be taken up under the European e-Justice strategy;

5.   Considers that the fact that in many Member States facilities for video-conferencing are not yet available, together with the Commission's finding that modern means of communication are "still used rather rarely", confirms the wisdom of the plans for the European e-Justice strategy recently recommended by Parliament's Legal Affairs Committee; urges Member States to put more resources into installing modern communications facilities in the courts and training judges to use them, and calls on the Commission to produce specific proposals aimed at improving the current state of affairs; takes the view that the appropriate degree of EU assistance and financial support should be provided as soon as possible;

6.   Takes the view that efforts should be made in the context of the e-Justice strategy to assist courts in meeting the translation and interpreting demands posed by the taking of evidence across borders in an enlarged European Union;

7.   Notes with considerable concern the Commission's finding that the 90-day time-limit for complying with requests for the taking of evidence, as laid down in Article 10(1) of the Regulation, is exceeded in a "significant number of cases" and that "in some cases even more than 6 months are required"; calls on the Commission to submit specific proposals as quickly as possible on measures to remedy this problem, one option to consider being a complaints body or contact point within the European Judicial Network;

8.   Criticises the fact that, by concluding that the taking of evidence has been improved in every respect as a result of Regulation (EC) No 1206/2001, the Commission report presents an inaccurate picture of the situation; calls on the Commission, therefore, to provide practical support, inter alia in the context of the e-Justice strategy, and to make greater efforts to realise the true potential of the Regulation for improving the operation of civil justice for citizens, businesses, practitioners and judges;

9.   Instructs its President to forward this resolution to the Council, the Commission and the governments and parliaments of the Member States.

(1) OJ L 174, 27.6.2001, p. 1.


Implementation of Directive 2006/43/EC on statutory audits of annual accounts and consolidated accounts
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European Parliament resolution of 10 March 2009 on implementation of Directive 2006/43/EC on statutory audits of annual accounts and consolidated accounts (2008/2247(INI) )
P6_TA(2009)0090 A6-0014/2009

The European Parliament ,

–   having regard to Directive 2006/43/EC of the European Parliament and of the Council of 17 May 2006 on statutory audits of annual accounts and consolidated accounts(1) ,

–   having regard to its resolution of 21 February 2008 on the Commission's 23rd Annual report on monitoring the application of Community law (2005)(2) ,

–   having regard to its resolution of 21 October 2008 on monitoring the application of Community law – 24th annual report from the Commission(3) ,

–   having regard to its resolution of 4 September 2007 on better lawmaking 2005: application of the principles of subsidiarity and proportionality – 13th report(4) ,

–   having regard to its resolution of 4 September 2007 on better regulation in the European Union(5) ,

–   having regard to Rule 45 of its Rules of Procedure,

–   having regard to the report of the Committee on Legal Affairs and the opinion of the Committee on Economic and Monetary Affairs (A6-0014/2009 ),

A.   whereas Parliament has repeatedly stated that there is a point to EU legislation only if it is complied with in the Member States, and whereas monitoring of the transposition and application of EU legislation by Member States must therefore be stepped up; whereas Parliament has proposed that, after the transposition deadline has expired, the rapporteur should inform Parliament of the state of play,

B.   whereas Directive 2006/43/EC ("the Directive") was adopted by Parliament and the Council on 17 May 2006 and the period for transposition in the Member States expired on 29 June 2008, and whereas there must be an examination as to whether transposition has proceeded correctly,

C.   whereas the "scoreboard" published by the Commission, whilst identifying which articles have been implemented by whom, provides no information on the way in which implementation has proceeded or on whether national rules meet the minimum standard set by the Directive,

D.   whereas the objective of the Directive is, first, to optimise the quality of audits of annual accounts throughout the EU, thus increasing confidence in such reporting and improving the situation in the financial markets, and, second, to establish a level playing-field for the accountancy sector within the internal market,

E.   whereas implementation of the Directive in Member States must be checked by reference to this twin objective,

1.   Notes that the Directive was adopted in response to the crisis that followed the collapse of Enron; emphasises that the current financial crisis highlights the importance of high-quality accounting and auditing practices; deplores the fact that only 12 Member States have transposed the Directive in full; urges the Commission to ensure its immediate transposition and enforcement;

2.   Notes with concern that transposition of the crucial notions of "public-interest entity"(6) (PIE) and "network"(7) is leading to differing interpretations among Member States; stresses in this connection that for an undertaking identified as a PIE, and also for the accountant auditing that undertaking, the Directive introduces various far-reaching obligations; notes further that the Directive also introduces various additional obligations for audit firms covered by the definition of "network"; observes that further consideration is needed with regard to the impact of the definition of "network" and the lack of legal clarity regarding the liability of firms for the actions of other firms that belong to the same network; fears in general that a patchwork of definitions will lead to legal uncertainty and high costs of compliance and will thus, ultimately, adversely affect attainment of the Directive's objective; therefore calls on the Commission to undertake a comprehensive review of the implementation of the definitions and the discernible effects of their introduction, and to seek clarity regarding the long-term policy priorities for the EU in this area and the way in which these may best be achieved, in consultation with the Member States;

3.   Notes that many Member States have not yet implemented Article 41 of the Directive, under which Member States must require PIEs to set up an audit committee or comparable body; is of the opinion that this requirement is an important means of guaranteeing the independence of statutory audits of PIEs' annual accounts;

4.   Stresses that recent experience shows the need for frequent and high-quality interaction within audit committees and between independent directors, supervisory boards and auditors, and that non-executive board members should consider carefully the possibility of having meetings without executive board members being present;

5.   Concludes that certain Member States have implemented the Directive's requirement of auditor rotation within a maximum of seven years with a very short rotation period of as little as two or three years; doubts that such short rotation periods enhance the quality and continuity of statutory audits of PIEs, and points out that they hamper the auditors' and audit firms' sound understanding of the audited entity;

6.   Regrets that not all Member States have introduced the system of public oversight required by the Directive; notes further that, in Member States where forms of public oversight have been introduced, there are considerable differences between them; notes that public oversight under the Directive must be organised in such a way that conflicts of interest are avoided; wonders, in the light of this, whether oversight authorities directly linked to national governments meet that requirement;

7.   Considers it very important that the cooperation required under the Directive between public-oversight authorities should actually materialise, since intensive cooperation between oversight authorities fosters convergence between Member States and can prevent additional administrative burdens resulting from different national procedures and requirements;

8.   Stresses that listed subsidiaries are subject to statutory audits; recommends that national law require that parent undertakings holding such subsidiaries be subject to statutory audits performed by auditors approved in accordance with the Directive;

9.   Considers that there is a very significant lack of clarity in relation to the implementation of Article 47 of the Directive, which deals with the audit working papers; points out that, whilst Member States may allow the transfer to the competent authorities of a third country of audit working papers or other documents held by the statutory auditors or audit firms approved by them, there are legal and data-protection issues to be addressed in order to ensure that the information which EU auditors receive from their client companies is kept confidential and does not get into the public domain of third countries where such companies are listed or where the parent company is incorporated;

10.   Calls on the Commission to make a careful evaluation of all national legislation transposing the Directive, to tackle resolutely the problems referred to in paragraphs 1 to 9 and to report to Parliament on this within two years; doubts whether the chosen method of minimum harmonisation is really the right way to realise the objectives of this and other internal-market-related directives, since the many derogations allowed by the Directive will lead to further fragmentation of the accountancy market; calls on the Commission to make use of clear concepts when harmonisation is being carried out;

11.   Points out that undue delay in the approval of International Standards on Auditing (ISAs) could have an adverse effect on the regulatory environment, resulting in further fragmentation, which is contrary to the general objective of the Directive; requests the Commission, therefore, to avoid unnecessary delay in the adoption of ISAs and to launch a broad public consultation on their adoption;

12.   Takes the view that careful monitoring and verification of the correct and timely implementation of EU legislation is an essential means of achieving better application of EU law and avoiding gold-plating practices that may occur on the basis of, for example, Article 40 of the Directive, which lays down a non-exhaustive list of requirements for transparency reporting;

13.   Supports the Commission's guidance of, and close cooperation with, Member States, aimed at securing correct and timely implementation, for example by making use of transposition workshops as a forum for establishing consensus on the implementation of particular provisions of Community legislation; supports the use of correlation tables in the process of implementation as a means of achieving maximum convergence; is nevertheless of the opinion that still more has to be done to give clear guidance to Member States in the course of implementation and to steer Member States towards an unequivocal implementation of Community legislation;

14.   Strongly emphasises that any quasi-legislative measure within the scope of the Directive can only be adopted pursuant to the application of the regulatory procedure with scrutiny, accompanied where appropriate by an evaluation of its impact;

Recommendation on quality assurance

15.   Welcomes Commission Recommendation 2008/362/EC of 6 May 2008 on external quality assurance for statutory auditors and audit firms auditing public interest entities(8) ; subscribes to the established view that it is important to have independent external quality assurance reviews in line with the Directive's objective of enhancing the quality of audits and the credibility of published financial information; endorses, moreover, the established view that the total independence and impartiality of inspections and inspectors are of the utmost importance;

16.   Urges the Commission to promote national quality assurance structures, in close collaboration with the Member States, which ensures independent and external quality assurance for accountancy firms; stresses, in this connection, that the European legislative authority must confine itself to general framework provisions set out in the Directive and the recommendation and that it must be left to the profession to flesh out those rules;

Decision on the registration of third-country auditors

17.   Takes note of Commission Decision 2008/627/EC of 29 July 2008 concerning a transitional period for audit activities of certain third country auditors and audit entities(9) ; asks the Commission to communicate to Parliament its follow-up on the question of the registration of third-county auditors;

Auditors' liability

18.   Notes that divergences between Member States' liability regimes might lead to regulatory arbitrage and undermine the internal market, but is aware of the differing levels of exposure linked to the size of audit firms and companies with which they deal; emphasises that liability claims often come from third countries in which such litigation is largely driven by contingency-fee arrangements; is reluctant to welcome such a litigation culture into the European Union and asks for a more fundamental resolution to the perverse effects of such fee-driven practices;

19.   Notes Commission Recommendation 2008/473/EC of 5 June 2008 concerning the limitation of the civil liability of statutory auditors and audit firms(10) , which calls on Member States to limit the liability of accountants, with due regard for their own national legislation and circumstances; further notes the recommendation's objective of bolstering the level playing-field for undertakings and accountancy firms through greater convergence between Member States in this area; underlines that the objective of limiting the liability of auditors and audit firms proposed by the Commission recommendation must not violate the legal principles governing civil liability in certain Member States, such as the principle of the right to compensation for victims; underlines that, within the context of the current economic and financial crisis, the recommendation should not call into question the quality of the statutory audit or the confidence placed in the function of statutory audits; calls on the Commission to inform Parliament no later than in 2010 about the impact of, and the follow-up to, the recommendation, the important issue in this connection being, in particular, whether and to what extent, in accordance with the Directive's objective, the recommendation is leading to greater convergence between Member States; emphasises that, in the event that further measures prove necessary, the Commission must undertake an impact study assessing the possible effects of limitation of civil liability of auditors and audit firms on the quality of audits, financial security and the concentration on the audit market;

Consultation on ownership rules

20.   Welcomes the consultation initiated by the Commission on ownership rights in accountancy firms and looks forward with interest to the responses of stakeholders;

o
o   o

21.   Instructs its President to forward this resolution to the Council and the Commission.

(1) OJ L 157, 9.6.2006, p. 87.
(2) Texts adopted, P6_TA(2008)0060 .
(3) Texts adopted, P6_TA(2008)0494 .
(4) OJ C 187 E, 24.7.2008, p. 67.
(5) OJ C 187 E, 24.7.2008, p. 60.
(6) Article 2(13) of the Directive.
(7) Article 2(7) of the Directive.
(8) OJ L 120, 7.5.2008, p. 20.
(9) OJ L 202, 31.7.2008, p. 70.
(10) OJ L 162, 21.6.2008, p. 39.


Equal treatment and access for men and women in the performing arts
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European Parliament resolution of 10 March 2009 on equality of treatment and access for men and women in the performing arts (2008/2182(INI) )
P6_TA(2009)0091 A6-0003/2009

The European Parliament ,

–   having regard to Directive 2002/73/EC of the European Parliament and of the Council of 23 September 2002 amending Council Directive 76/207/EEC on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions(1) ,

–   having regard to Council Directive 97/80/EC of 15 December 1997 on the burden of proof in cases of discrimination based on sex(2) ,

–   having regard to the Charter of Fundamental Rights of the European Union,

–   having regard to its resolutions of 7 June 2007 on the Social status of artists(3) and of 3 September 2008 on Equality between women and men - 2008(4) ,

–   having regard to Rule 45 of its Rules of Procedure,

–   having regard to the report of the Committee on Women's Rights and Gender Equality (A6-0003/2009 ),

A.   whereas inequalities in career prospects and opportunities between women and men in the performing arts are very much present and persistent,

B.   whereas the mechanisms which produce these gender inequalities should be seriously analysed,

C.   whereas the principle of equality between men and women should apply to all players in the performing arts sector, in all disciplines, all types of structure (production, broadcasting and teaching) and all activities (artistic, technical and administrative),

D.   whereas men and women are not proportionally represented in the various jobs in the performing arts, and whereas this initial form of inequality is compounded by disparities in work and employment conditions and income,

E.   whereas inequalities in access to decision-making posts, means of production and broadcast networks are apparent to varying degrees in all disciplines of the performing arts,

F.   whereas the objective of equality in jobs in the performing arts presupposes the systematic opening-up of all jobs to both men and women,

G.   whereas talent alone is not sufficient for the artistic quality of a performance or the success of a professional career, and whereas taking better account of the representation of men and women in jobs in the performing arts would have the effect of reinvigorating the sector,

H.   whereas, therefore, the current instances of segregation that still persist in the performing arts should be changed, not only by modernising and democratising the sector, but also by setting realistic equality goals which promote social justice,

I.   whereas the existing inequalities leave skills and talents unexploited and are damaging to the artistic dynamism, influence and economic development of the sector,

J.   whereas persistent prejudices too often lead to discriminatory behaviour towards women in selection and appointment procedures and in work relations; whereas women often receive lower remuneration than men even if they have higher educational qualifications, a stronger interest in training and stronger networks,

K.   whereas the obstacles to gender equality in this sector are particularly deep rooted and require specific steps to be taken to reduce inequalities, taking account also of the leverage effect which that may have on society as a whole,

L.   whereas there are great shortcomings as regards social protection for both men and women active in the arts and whereas income, particularly that of women, is adversely affected by this,

1.   Underlines the scale and persistence of the inequalities between men and women in the performing arts and the impact that the unequal way in which the sector is organised can have on society as a whole, given the particular nature of its activities;

2.   Underlines the vital need to promote and encourage access for women to all the artistic professions where they are still in the minority;

3.   Notes that the proportion of women employed in artistic professions and in the official culture industry is only very small and that women are under-represented in positions of responsibility in cultural institutions and in academies and universities;

4.   Recognises the need to take specific action in this sector to analyse the mechanisms and behaviour that produce these inequalities;

5.   Notes that behaviour is transformed only when the two sexes work alongside each other, through the input of points of view, sensibilities, methods and interests which complement each other;

6.   Emphasises the need to promote access for women to all the artistic professions and all jobs in the performing arts where they are in the minority and encourages the Member States to remove all obstacles to women accessing top positions in cultural institutions and in academies and universities;

7.   Stresses that discrimination against women holds back the development of the cultural sector by depriving it of talent and skills and notes that talent requires contact with the public in order to achieve recognition;

8.   Calls for measures to be taken to increase the presence of women on the directors" boards of institutions, in particular by promoting equality within cultural undertakings and institutions and professional organisations;

9.   Calls on the actors in the field of culture to increase the presence of female creators and their works in programming, collections, publishing and consultation;

10.   Notes that the progress achieved in gender equality will progressively allow the mixing of sexes in work teams, programme planning and professional meetings, which today often function according to a system of separation of the sexes which is difficult to reconcile with the demands of our society;

11.   Stresses the importance of ensuring whenever possible that applications are anonymous and emphasises the need to continue using screened-off auditions for recruiting orchestra musicians, which has helped women join orchestras;

12.   Calls on the Commission and the Member States to consider ensuring, without delay and as a first realistic step in the fight against inequality in the performing arts, that at least a third of the people in all branches in the sector are of the minority sex;

13.  Encourages the Member States:

   a) to consider together with their cultural institutions how best to understand the mechanisms which produce inequalities so as to avoid as far as possible any discrimination on the basis of sex;
   b) to remove all obstacles to women accessing top positions in the most prestigious cultural institutions and organisations;
   c) to introduce to the sector new ways of organising work, delegation of responsibilities and time management which take into account the personal-life constraints of women and men;
   d) to recognise that in this sector, where untypical hours, high mobility and job insecurity are the norm and are more destabilising for women, collective solutions should be found for providing childcare (e.g. opening of crèches in cultural undertakings with hours adapted to rehearsal and performance times);

14.   Reminds the cultural institutions of the vital need to translate into fact the democratic notion that equal work by men and women must be matched by identical pay, which, in the arts as in many other sectors, is still not the case;

15.   Encourages the Member States to produce comparative analyses of the current situation in the performing arts in the various countries of the Union, to draw up statistics in order to facilitate the design and implementation of common policies and to ensure that the progress achieved can be compared and measured;

16.   Calls on the Member States to improve the social situation of persons active in the arts and culture sector, taking account of the various employment relations involved, and to ensure better social protection;

17.   Instructs its President to forward this resolution to the Council and Commission and to the parliaments of the Member States.

(1) OJ L 269, 5.10.2002, p. 15.
(2) OJ L 14, 20.1.1998, p. 6.
(3) OJ C 125 E, 22.5.2008, p. 223.
(4) Texts adopted on that date, P6_TA(2008)0399 .


Type-approval requirements for the general safety of motor vehicles ***I
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Resolution
Consolidated text
European Parliament legislative resolution of 10 March 2009 on the proposal for a regulation of the European Parliament and of the Council concerning type-approval requirements for the general safety of motor vehicles (COM(2008)0316 – C6-0210/2008 – 2008/0100(COD) )
P6_TA(2009)0092 A6-0482/2008

(Codecision procedure: first reading)

The European Parliament ,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2008)0316 ),

–   having regard to Article 251(2) and Article 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0210/2008 ),

–   having regard to Rule 51 of its Rules of Procedure,

–   having regard to the report of the Committee on the Internal Market and Consumer Protection and the opinion of the Committee on Industry, Research and Energy (A6-0482/2008 ),

1.   Approves the Commission proposal as amended;

2.   Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;

3.   Instructs its President to forward its position to the Council and Commission.

Position of the European Parliament adopted at first reading on 10 March 2009 with a view to the adoption of Regulation (EC) No .../2009 of the European Parliament and of the Council concerning type-approval requirements for the general safety of motor vehicles, their trailers and systems, components and separate technical units intended therefor

P6_TC1-COD(2008)0100


(As an agreement was reached between Parliament and Council, Parliament's position at first reading corresponds to the final legislative act, Regulation (EC) No 661/2009.)


Industrial emissions (integrated pollution prevention and control) (recast) ***I
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Resolution
Consolidated text
Annex
Annex
Annex
Annex
Annex
Annex
Annex
Annex
Annex
Annex
European Parliament legislative resolution of 10 March 2009 on the proposal for a directive of the European Parliament and of the Council on industrial emissions (integrated pollution prevention and control) (recast) (COM(2007)0844 – C6-0002/2008 – 2007/0286(COD) )
P6_TA(2009)0093 A6-0046/2009

(Codecision procedure: recast)

The European Parliament ,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2007)0844 ),

–   having regard to Article 251(2) and Article 175(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0002/2008 ),

–   having regard to the Interinstitutional Agreement of 28 November 2001 on a more structured use of the recasting technique for legal acts(1) ,

–   having regard to the letter of 10 September 2008 from the Committee on Legal Affairs to the Committee on Environment, Public Health and Food Safety in accordance with Rule 80a(3) of its Rules of Procedure,

–   having regard to Rules 80a and 51 of its Rules of Procedure,

–   having regard to the report of the Committee on the Environment, Public Health and Food Safety and the opinion of the Committee on Legal Affairs (A6-0046/2009 ),

A.   whereas, according to the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission, the proposal in question does not include any substantive amendments other than those identified as such in the proposal and whereas, as regards the codification of the unchanged provisions of the earlier acts together with those amendments, the proposal contains a straightforward codification of the existing texts, without any change in their substance,

1.   Approves the Commission proposal as adapted to the recommendations of the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission and incorporating the technical amendments approved by the Committee on Legal Affairs and as amended below;

2.   Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;

3.   Instructs its President to forward its position to the Council and the Commission.

Position of the European Parliament adopted at first reading on 10 March 2009 with a view to the adoption of Directive 2009/.../EC of the European Parliament and of the Council on industrial emissions (integrated pollution prevention and control) (recast)

P6_TC1-COD(2007)0286


(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 175 (1) thereof,

Having regard to the proposal from the Commission║,

Having regard to the opinion of the European Economic and Social Committee(2) ,

Having regard to the opinion of the Committee of the Regions(3) ,

Acting in accordance with the procedure laid down in Article 251 of the Treaty(4) ,

Whereas:

(1)   A number of substantial changes are to be made to Council Directive 78/176/EEC of 20 February 1978 on waste from the titanium dioxide industry(5) , Council Directive 82/883/EEC of 3 December 1982 on procedures for the surveillance and monitoring of environments concerned by waste from the titanium dioxide industry(6) , Council Directive 92/112/EEC of 15 December 1992 on procedures for harmonizing the programmes for the reduction and eventual elimination of pollution caused by waste from the titanium dioxide industry(7) , Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control(8) , Council Directive 1999/13/EC of 11 March 1999 on the limitation of emissions of volatile organic compounds due to the use of organic solvents in certain activities and installations(9) , Directive 2000/76/EC of the European Parliament and of the Council of 4 December 2000 on the incineration of waste(10) and Directive 2001/80/EC of the European Parliament and of the Council of 23 October 2001 on the limitation of emissions of certain pollutants into the air from large combustion plants(11) . In the interests of clarity, those Directives should be recast.

(2)   In order to prevent, reduce and as far as possible eliminate pollution arising from industrial activities in compliance with the "polluter pays" principle and the principle of pollution prevention, it is necessary to establish a general framework for the control of the main industrial activities giving priority to intervention at source and ensuring prudent management of natural resources.

(3)    Compliance with the emission limit values provided for in this Directive should be regarded as a necessary but insufficient condition for meeting the objectives of preventing and reducing pollution and achieving a high level of protection of the environment, including groundwater, air and soil, and of the public. In order to meet those objectives, it may be necessary to lay down more stringent limit values for the polluting substances covered by this Directive, the emission values for other substances and environmental components, and other appropriate conditions.

(4)    Different approaches to controlling emissions into the air, water or soil separately may encourage the shifting of pollution between the various environmental media rather than protecting the environment as a whole. It is therefore appropriate to provide for an integrated approach to prevention and control of emissions into air, water or soil, to waste management, to efficient use of energy and to prevention of accidents.

(5)    It is appropriate to revise the legislation related to industrial installations in order to simplify and clarify the existing provisions, reduce unnecessary administrative burdens and implement the conclusions of the Commission Communications on the Thematic Strategy on Air Pollution(12) , the Thematic Strategy for Soil Protection(13) and the Thematic Strategy on the Prevention and Recycling of Waste(14) adopted as a follow-up to Decision No 1600/2002/EC of the European Parliament and of the Council of 22 July 2002 laying down the Sixth Community Environment Action Programme(15) . Those communications set objectives to protect human health and the environment which cannot be met without further reductions of emissions arising from industrial activities.

(6)    In order to guarantee the prevention and control of pollution, each installation should operate only if it holds a permit or, in the case of certain installations and activities using organic solvents, only if it holds a permit or if it is registered. The overall use of organic solvents should be minimised.

(7)    In order to facilitate the granting of permits, Member States should be able to set requirements for certain categories of installations in general binding rules.

(8)    In order to avoid duplication of regulation , the permit for an installation covered by Directive 2003/87 of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community(16) should not include an emission limit value for the emissions of greenhouse gases except where it is necessary to ensure that no significant local pollution is caused or where an installation is temporarily excluded from that scheme.

(9)    Operators should submit an application for a permit to the competent authority which contains the information that is necessary for setting the permit conditions. Operators should be able to use information resulting from the application of Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment(17) and of Council Directive 96/82/EC of 9 December 1996 on the control of major-accident hazards involving dangerous substances(18) when submitting an application for a permit.

(10)    The permit should include all the ║measures necessary to achieve a high level of protection for the environment as a whole and should also include emission limit values for polluting substances, appropriate requirements for the protection of the soil and groundwater, monitoring requirements and a list of the dangerous substances or preparations used as defined in Council Directive 67/548/EEC of 27 June 1967 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances (19) . The conditions of the permit should be set on the basis of best available techniques.

(11)    In order to determine what is considered best available techniques and to limit the imbalances in the Community as regards the level of emissions of industrial activities, the Commission should publish the reference documents for the best available techniques ( hereinafter "BAT reference documents") as a result of an exchange of information with stakeholders. Those BAT reference documents should be the reference for setting permit conditions. They can be supplemented by other sources.

(12)    In order to take into account certain specific circumstances, competent authorities should be able to lay down emission limit values, equivalent parameters or technical measures resulting in emission levels that may exceed the emission levels associated with the best available techniques as described in the BAT reference documents. ▌

(13)    In order to enable operators to test emerging techniques which could provide for a higher level of environmental protection, the competent authority should also be able to grant temporary derogations from emission levels associated with the best available techniques as described in the BAT reference documents.

(14)    Changes to an installation may give rise to higher levels of pollution. The competent authority should therefore be notified of any planned change which might affect the environment. Substantial changes to installations which may have significant negative effects on humans or the environment should be subject to the reconsideration of a permit to ensure that the installations concerned continue to meet the requirements of this Directive.

(15)    The spreading of livestock manure and slurry can lead to significant impacts on the quality of the environment. In order to ensure that the prevention and control of these impacts is carried out in an integrated way, it is necessary that manure and slurry generated by activities covered by this Directive are spread by the operator or by third parties using best available techniques. In order to provide Member States with flexibility in meeting these requirements, the application of best available techniques to operator or third party spreading may be specified within the permit or in other measures.

(16)    In order to take account of developments in the best available techniques or other changes regarding the changes to an installation, permit conditions should be reconsidered regularly and, where necessary, updated, in particular where the Commission adopts a new or updated BAT reference document.

(17)    It is necessary to ensure that the operation of an installation does not lead to a significant deterioration of the quality of soil and groundwater. Where necessary and appropriate, permit conditions should therefore include the monitoring of soil and groundwater and the requirement to remediate the site upon definitive cessation of activities, in accordance with the requirements laid down in Community and national law . As soon as Community legislation amending Directive 2004/35/EC of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage (20) or new legislation on the protection of soil and groundwater enters into force, the Commission should review the provisions on the protection of soil and groundwater provided for in this Directive in order to ensure consistency and to avoid overlap.

(18)    In order to ensure ║ effective implementation and enforcement of this Directive, operators should regularly report on compliance with permit conditions to the competent authority. Member States should ensure that operators comply with those conditions and that the operator and the competent authority take necessary measures in a case of non-compliance with this Directive and provide for a system of environmental inspections. It is for the Member States to determine the most appropriate enforcement regimes, including how emission limit values should be complied with.

(19)    Bearing in mind the provisions of the Aarhus Convention (21) , effective public participation in decision-making is necessary to enable the public to express, and the decision-maker to take account of, opinions and concerns which may be relevant to those decisions, thereby increasing the accountability and transparency of the decision-making process and contributing to public awareness of environmental issues and support for the decisions taken. The members of the public concerned should have access to justice in order to contribute to the protection of the right to live in an environment which is adequate for personal health and well-being.

(20)    Large combustion plants contribute greatly to emissions of polluting substances into the air resulting in a significant impact on human health and the environment. In order to reduce that impact and to work towards meeting the requirements of Directive 2001/81/EC of the European Parliament and of the Council of 23 October 2001 on national emission ceilings for certain atmospheric pollutants(22) and the objectives set in the Commission Communication on the Thematic Strategy on Air Pollution, it is necessary to set more stringent emission limit values at Community level for certain categories of combustion plants and pollutants.

(21 )   In the case of a sudden interruption in the supply of low-sulphur fuel or gas resulting from a serious shortage, the competent authority should be able to grant temporary derogations to allow emissions of the combustion plants concerned to exceed the emission limit values set out in this Directive.

(22 )   The operator concerned should not operate a combustion plant for more than 24 hours after malfunctioning or breakdown of abatement equipment and unabated operation should not exceed 120 hours in a 12-month period in order to limit the negative effects of pollution on the environment. However, where there is an overriding need for energy supplies or it is necessary to avoid an overall increase of emissions by operation of another combustion plant, competent authorities should be able to grant a derogation from those time limits.

(23 )   In order to ensure a high level of environmental and human health protection and to avoid transboundary movements of waste to plants operating at lower environmental standards, it is necessary to maintain and set stringent operational conditions, technical requirements and emission limit values for plants incinerating or co-incinerating waste within the Community.

(24 )   The use of organic solvents in certain activities and installations gives rise to emissions of organic compounds into the air which contribute to the local and transboundary formation of photochemical oxidants which causes damage to natural resources and has harmful effects on human health. It is therefore necessary to take preventive action against the use of organic solvents and establish the requirement to comply with emission limit values for organic compounds and appropriate operating conditions. It should be possible to grant derogations from compliance with the emission limit values to operators where other measures, such as the use of low-solvent or solvent-free products or techniques, provide alternative means of achieving equivalent emission limits.

(25 )   Installations producing titanium dioxide can give rise to significant pollution into air and water and may pose a toxicological threat . In order to reduce these impacts, it is necessary to set at Community level more stringent emission limit values for certain polluting substances.

(26 )   The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(23) .

(27)   In accordance with the "polluter pays" principle, Member States should lay down rules on penalties applicable to infringements of the provisions of this Directive and ensure that they are implemented. Those penalties should be effective, proportionate and dissuasive.

(28)   In order to provide existing installations with sufficient time to technically adapt to the new requirements of this Directive, some of the new requirements should apply to those installations after a fixed period from the date of application of this Directive. Combustion plants need sufficient time to install the necessary abatement measures to meet the emission limit values set out in Annex V.

(29)    In order to address the significant problems raised by the emissions of dioxins, furans and other relevant polluting substances emitted by installations producing pig iron and steel and, in particular, sintering iron ore, the procedure on the minimum requirements laid down in this Directive should be applied to such installations as a priority and in any event by 31 December 2011.

(30 )   Since the objectives of the action to be taken, namely to ensure a high level of environmental protection and the improvement of environmental quality, cannot be sufficiently achieved by the Member States and can therefore, by reason of the transboundary nature of pollution from industrial activities, be better achieved at Community level, the Community may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.

(31)    This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. In particular, this Directive seeks to promote the application of Article 37 of the Charter of Fundamental Rights of the European Union.

(32)    The obligation to transpose this Directive into national law should be confined to those provisions which represent a substantive change as compared with the earlier Directives recast by this Directive . The obligation to transpose the provisions which are unchanged arises under the earlier Directives.

(33)    This Directive should be without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law and application of the Directives set out in Annex IX, Part B.

HAVE ADOPTED THIS DIRECTIVE:

CHAPTER I

Common provisions

Article 1

Subject matter 

This Directive lays down rules on integrated prevention and control of pollution arising from industrial activities.

It also lays down rules designed to prevent or, where that is not practicable, to reduce emissions in the air, water and land and to prevent generation of waste, in order to achieve a high level of protection of the environment taken as a whole.

Article 2

Scope

1.   This Directive shall apply to industrial activities giving rise to pollution referred to in Chapters II to VI.

2.   This Directive shall not apply to research activities, development activities or the testing of new products and processes.

Article 3

Definitions

For the purposes of this Directive the following definitions shall apply:

  1) "substance" means any chemical element and its compounds, with the exception of the following substances:
   a) radioactive substances as defined in Council Directive 96/29/Euratom of 13 May 1996 laying down basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionizing radiation(24) ;
   b) genetically modified micro-organisms as defined in Council Directive 90/219/EEC ║ of 23 April 1990 on the contained use of genetically modified micro-organisms(25) ;
   c) genetically modified organisms as defined in Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the deliberate release into the environment of genetically modified organisms ║(26) ;
   2) "pollution" means the direct or indirect introduction, as a result of human activity, of substances, vibrations, heat or noise into the air, water or land which may be harmful to human health or the quality of the environment, result in damage to material property, or impair or interfere with amenities and other legitimate uses of the environment;
   3) "installation" means a stationary technical unit within which one or more activities listed in Annex I or in Part 1 of Annex VII are carried out, and any other directly associated activities on the same site which have a technical connection with the activities listed in those Annexes and which could have an effect on emissions and pollution;
   4) "emission" means the direct or indirect release of substances, vibrations, heat or noise from individual or diffuse sources in an installation into the air, water or land;
   5) "emission limit value" means the mass, expressed in terms of certain specific parameters, concentration and/or level of an emission, which may not be exceeded during one or more periods of time.
   6) "environmental quality standard" means the set of requirements which must be fulfilled at a given time by a given environment or particular part thereof, as set out in Community legislation;
   7) "permit" means a written authorisation to operate all or part of an installation or combustion plant, waste incineration plant or waste co-incineration plant;
   8) "substantial change" means a change in the nature or functioning, or an extension, of an installation or combustion plant, waste incineration plant or waste co-incineration plant which may have significant negative effects on humans or the environment;
  9) "best available techniques" means the most effective and advanced stage in the development of activities and their methods of operation which indicate the practical suitability of particular techniques for providing the basis for emission limit values and other permit conditions designed to prevent and, where that is not practicable, to reduce emissions and the impact on the environment as a whole:
   a) "techniques" includes both the technology used and the way in which the installation is designed, built, maintained, operated and decommissioned;
   b) "available" techniques means those developed on a scale which allows implementation in the relevant industrial sector, under economically and technically viable conditions, taking into consideration the costs and advantages, whether or not the techniques are used or produced inside the Member State in question, as long as they are reasonably accessible to the operator;
   c) "best" means most effective in achieving a high general level of protection of the environment as a whole.
   10) "best available techniques associated emission levels" ('BAT-AELs') means a range of emission levels resulting from the application, in normal operating conditions, of the best available techniques as described in the BAT reference documents and expressed in the form of an average over a given period of time and under given reference conditions;
   11) "operator" means any natural or legal person who operates or controls the installation or combustion plant, waste incineration plant or waste co-incineration plant or, where this is provided for in national legislation, to whom decisive economic power over the technical functioning of the installation or plant has been delegated;
   12) "the public" means one or more natural or legal persons and, in accordance with national legislation or practice, their associations, organisations or groups;
   13) "the public concerned" means the public affected or likely to be affected by, or having an interest in, the taking of a decision on the issuing or the updating of a permit or of permit conditions; for the purposes of this definition, non-governmental organisations promoting environmental protection and meeting the requirements of any relevant national law shall be deemed to have an interest;
   14) "emerging technique" means a novel technique for an industrial activity that, if industrially proven and commercially developed, would provide a higher general level of protection of the environment or at least the same level of protection and higher cost savings than existing best available techniques;
   15) "dangerous substances' means dangerous substances or preparations as defined in ║Directive 67/548/EEC ║ and Directive 1999/45/EC of the European Parliament and of the Council of 31 May 1999 concerning the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations(27) ;
   16) "baseline report" means quantified information on the state of soil and groundwater contamination by significant amounts of relevant dangerous substances;
   17) "routine inspection' means an environmental inspection carried out as part of a planned inspection programme;
   18) "non-routine inspection' means environmental inspections carried out in response to complaints or in the investigation of accidents, incidents and occurrences of non-compliance;
   19) "environmental inspection" means any activity that involves verifying that an installation complies with relevant environmental requirements;
   20) "fuel" means any solid, liquid or gaseous combustible material used to fire a combustion plant;
   21) "combustion plant" means any technical apparatus in which fuels are oxidised in order to use the heat thus generated;
   22) "biomass" means any of the following: 
   a) products consisting of any vegetable matter from agriculture or forestry which can be used as a fuel for the purpose of recovering its energy content;
  b) the following waste used as a fuel:
   i) vegetable waste from agriculture and forestry;
   ii) vegetable waste from the food processing industry, if the heat generated is recovered;
   iii) fibrous vegetable waste from virgin pulp production and from production of paper from pulp, if it is co-incinerated at the place of production and the heat generated is recovered;
   iv) cork waste;
   v) wood waste with the exception of wood waste which may contain halogenated organic compounds or heavy metals as a result of treatment with wood preservatives or coating;
   ( 23 ) "multi-fuel firing combustion plant" means any combustion plant which may be fired simultaneously or alternately by two or more types of fuel;
   24) "gas turbine" means any rotating machine which converts thermal energy into mechanical work, consisting mainly of a compressor, a thermal device in which fuel is oxidised in order to heat the working fluid, and a turbine;
   25) "waste" means waste as defined in Article 3(1) of Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste(28) ;
   26) "hazardous waste" means hazardous waste as defined in Article 3(2) of Directive 2008/98/EC ;
   27) "mixed municipal waste" means waste from households as well as commercial, industrial and institutional waste which, because of its nature and composition is similar to waste from households, but excluding fractions indicated under heading 20 01 of the Annex to Commission Decision 2000/532/EC ║(29) establishing the European Waste List║ that is collected separately at source and excluding the other wastes indicated under heading 20 02 of that Annex;
   28) "waste incineration plant" means any stationary or mobile technical unit and equipment dedicated to the thermal treatment of waste, with or without recovery of the combustion heat generated, through the incineration by oxidation of waste as well as other thermal treatment processes if the substances resulting from the treatment are subsequently incinerated;
   29) "waste co-incineration plant" means any stationary or mobile technical unit the main purpose of which is the generation of energy or production of material products and which uses waste as a regular or additional fuel or in which waste is thermally treated for the purpose of disposal through the incineration by oxidation of waste as well as other thermal treatment processes if the substances resulting from the treatment are subsequently incinerated;
   30) "nominal capacity" means the sum of the incineration capacities of the furnaces of which a waste incineration plant or a waste co-incineration plant is composed, as specified by the constructor and confirmed by the operator, with due account being taken of the calorific value of the waste, expressed as the quantity of waste incinerated per hour;
   31) "dioxins and furans" means all polychlorinated dibenzo-p-dioxins and dibenzofurans listed in Part 2 of Annex VI;
   32) "residue" means any liquid or solid waste which is generated by a waste incineration plant or waste co-incineration plant;
   33) "organic compound" means any compound containing at least the element carbon and one or more of hydrogen, halogens, oxygen, sulphur, phosphorus, silicon or nitrogen, with the exception of carbon oxides and inorganic carbonates and bicarbonates;
   34) "volatile organic compound" means any organic compound as well as the fraction of creosote, having at 293,15 K a vapour pressure of 0,01 kPa or more, or having a corresponding volatility under the particular conditions of use;
  35) "organic solvent" means any volatile organic compound which is used for any of the following:
   a) alone or in combination with other agents, and without undergoing a chemical change, to dissolve raw materials, products or waste materials;
   b) as a cleaning agent to dissolve contaminants;
   c) as a dissolver;
   d) as a dispersion medium;
   e) as a viscosity adjuster;
   f) as a surface tension adjuster;
   g) a plasticiser;
   h) as a preservative;
   36) "coating" means coating as defined in Article 2(8) of Directive 2004/42/EC of the European Parliament and of the Council of 21 April 2004 on the limitation of emissions of volatile organic compounds due to the use of organic solvents in certain paints and varnishes and vehicle refinishing products(30) ;
   37) "general binding rules" means emission limit values or other conditions, defined in environmental legislation, at least at sector level, that are laid down with the intention to be used directly to set permit conditions.

Article 4

Obligation to hold a permit

1.   Member States shall take the necessary measures to ensure that no installation or combustion plant, waste incineration plant or waste co-incineration plant is operated without a permit.

By way of derogation from the first subparagraph, Member States may set a procedure for the registration of installations covered only by Chapter V. 

The procedure for registration shall be specified in a binding act and include at least a notification to the competent authority by the operator of the intention to operate an installation.

2.   Member States may provide that a permit may cover two or more installations or parts of installations operated by the same operator on the same site or on different sites.

Where a permit covers two or more installations, each installation shall comply individually with the requirements of this Directive.

Article 5

Operators

Member States may provide that two or more natural or legal persons are entitled to be the joint operator of an installation or combustion plant, waste incineration plant or waste co-incineration plant, or to be the operators of different parts of an installation or plant. A single natural or legal person shall be identified to take the responsibility for meeting the obligations of this Directive.

Article 6

Granting of a permit 

1.   The competent authority shall grant a permit if the installation complies with the requirements of this Directive.

2.   Member States shall take the measures necessary to ensure that the conditions of, and the procedures for the granting of, the permit are fully coordinated where more than one competent authority or more than one operator is involved or more than one permit is issued, in order to guarantee an effective integrated approach by all authorities competent for this procedure.

3.   In the case of a new installation or a substantial change where Article 4 of Directive 85/337/EEC applies, any relevant information obtained or conclusion arrived at pursuant to Articles 5, 6, 7 and 9 of that Directive shall be examined and used for the purposes of granting the permit.

Article 7

General binding rules 

Without prejudice to the obligation to hold a permit, Member States may include requirements for certain categories of installations, combustion plants, waste incineration plants or waste co-incineration plants in general binding rules.

Where general binding rules are adopted, the permit may simply include a reference to such rules. 

Article 8

Reporting on compliance

Member States shall take the necessary measures to ensure the following:

   1) that the operator provides the competent authority with the relevant data on compliance with the permit conditions at least every 24 months, which shall be made available on the internet without delay. In the event that a breach of permit conditions has been identified by an inspection in accordance with Article 25, the reporting frequency shall be increased to at least once every twelve months;
   2) that the operator informs the competent authority without delay of any incident or accident significantly affecting the environment.

Article 9

Non-compliance

1.   Member States shall take the necessary measures to ensure that the conditions of the permit are complied with.

2.  If it is found that the requirements of this Directive have been breached, Member States shall ensure the following:

   a) that the operator immediately informs the competent authority;
   b) that the operator and the competent authority take the measures necessary to ensure that compliance is restored within the shortest possible time.

In cases of a breach causing significant danger to human health or the environment and as long as compliance is not restored in accordance with point (b) of the first subparagraph, the operation of the installation or combustion plant, waste incineration plant or waste co-incineration plant shall be suspended.

Article 10

 Emission of greenhouse gases 

1.   Where emissions of a greenhouse gas from an installation are specified in Annex I to Directive 2003/87/EC in relation to an activity carried out in that installation, the permit shall not include an emission limit value for direct emissions of that gas, unless necessary to ensure that no significant local pollution is caused.

2.   For activities listed in Annex I to Directive 2003/87/EC, Member States may choose not to impose requirements relating to energy efficiency in respect of combustion units or other units emitting carbon dioxide on the site.

3.   Where necessary, the competent authorities shall amend the permit as appropriate.

4.   Paragraphs 1 to 3 shall not apply to installations which are temporarily excluded from the scheme for greenhouse gas emission allowance trading within the Community in accordance with Article 27 of Directive 2003/87/EC.

CHAPTER II

 Special provisions for activities listed in Annex I 

Article 11

Scope

This Chapter shall apply to the activities set out in Annex I and, where applicable, reaching the capacity thresholds set out in that Annex.

Article 12

General principles governing the basic obligations of the operator

Member States shall take the necessary measures to provide that the installations are operated in accordance with the following principles:

   1) all the appropriate preventive measures are taken against pollution;
   2) the best available techniques are applied;
   3) no significant pollution is caused;
   4) waste production is avoided in accordance with Directive 2008/98/EC ;
   5) where waste is produced, it is recovered or, where that is technically and economically impossible, it is disposed of while avoiding or reducing any impact on the environment;
   6) energy is used efficiently;
   7) the necessary measures are taken to prevent accidents and limit their consequences;
   8) the necessary measures are taken upon definitive cessation of activities to avoid any risk of pollution and return the site of operation to a satisfactory state ▌ in accordance with the requirements laid down in Article 23(2) and (3).

Article 13

Applications for permits

1.  Member States shall take the necessary measures to ensure that an application for a permit includes a description of the following:

   a) the installation and its activities;
   b) the raw and auxiliary materials, other substances and the energy used in or generated by the installation;
   c) the sources of emissions from the installation;
   d) the conditions at the site of the installation;
   e) if the activity involves significant amounts of relevant dangerous substances , a baseline report providing information on those substances ;
   f) 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;
   g) the proposed technology and other techniques for preventing or, where this is not possible, reducing emissions from the installation;
   h) where necessary, measures for the prevention and recovery of waste generated by the installation;
   i) further measures planned to comply with the general principles of the basic obligations of the operator as provided for in Article 12;
   j) measures planned to monitor emissions into the environment;
   k) the main relevant alternatives to the proposed technology, techniques and measures studied by the applicant in outline.

An application for a permit shall also include a non-technical summary of the details referred to in the first subparagraph and, where applicable, a baseline report .

2.   Where information supplied in accordance with the requirements provided for in Directive 85/337/EEC or a safety report prepared in accordance with Directive 96/82/EC or other information produced in response to other legislation fulfils any of the requirements of paragraph 1, that information may be included in, or attached to, the application.

Article 14

BAT reference documents and exchange of information

1.  The Commission shall organise exchanges of information between the Member States, representatives of their relevant competent authorities, operators and providers of techniques representing the industry concerned, non-governmental organisations promoting environmental protection, and the Commission in relation to the following:

   a) the performance of installations as regards emissions, pollution, consumption and the nature of raw materials, use of energy and generation of waste; and
   b) the best available techniques used, associated monitoring and developments concerning the best available techniques .

For the organisation of the exchange of information referred to in this paragraph, the Commission shall establish an Information Exchange Forum comprised of the stakeholders referred to in the first subparagraph .

The Commission shall establish guidance for the exchange of information including relating to the collection of data and the determination of the content of BAT reference documents. The Commission shall publish an evaluation report in this regard. That report shall be made accessible on the internet.

2.    The Commission shall publish the result of the information exchange referred to in paragraph 1 as a new or updated BAT reference document.

3 .   The BAT reference documents shall in particular describe the best available techniques, the associated emission levels, consumption levels and associated monitoring, the monitoring of soil and groundwater and remediation of the site and the emerging techniques, giving special consideration to the criteria listed in Annex III, finalising the revision within eight years of the publication of the previous version . The Commission shall ensure that the BAT conclusions of the BAT reference documents are made available in the official languages of the Member States. On request of a Member State, the Commission shall make available the entire BAT reference document in the requested language.

Article 15

Permit conditions

1.   Member States shall ensure that the permit includes all measures necessary for compliance with the requirements of Articles 12 and 19.

Those measures shall include at least the following:  

   a) emission limit values for polluting substances, listed in Annex II and for other polluting substances which are likely to be emitted from the installation concerned in significant quantities, having regard to their nature and their potential to transfer pollution from one medium to another;
   b) if necessary, appropriate requirements ensuring protection of the soil and groundwater and measures concerning the management of waste generated by the installation;
   c) suitable release monitoring requirements, specifying measurement methodology and frequency, evaluation procedure and an obligation to supply the competent authority regularly with the results of the monitoring of releases and with other data required for checking compliance with the permit;
   d) requirements of periodic monitoring in relation to relevant dangerous substances likely to be found in significant amounts on site having regard to the possibility of soil and groundwater contamination at the site of the installation;
   e) measures relating to start-up, leaks, malfunctions, momentary stoppages and definitive cessation of operations;
   f) provisions on the minimisation of long distance or transboundary pollution.

2.   For the purpose of point (a) of ║ paragraph 1 , emission limit values may be supplemented or replaced by equivalent parameters or technical measures.

3.   BAT reference documents shall be the reference for setting the permit conditions.

4.   Where an installation or part of an installation is not covered by BAT reference documents or where those documents do not address all the potential environmental effects of the activity, the competent authority, in consultation with the operator, shall determine the emission levels which can be achieved using the best available techniques for the installation or activities concerned, based on the criteria listed in Annex III, and shall set the permit conditions accordingly.

5.   For installations referred to in point 6.6 of Annex I, paragraphs 1 to 4 shall apply without prejudice to the legislation related to animal welfare.

Article 16

Emission limit values, equivalent parameters and technical measures

1.   The emission limit values for polluting substances shall apply at the point where the emissions leave the installation, and any dilution prior to that point shall be disregarded when determining those values.

With regard to indirect releases of polluting substances into water, the effect of a water treatment plant may be taken into account when determining the emission limit values of the installation concerned, provided that an equivalent level of protection of the environment as a whole is guaranteed and provided this does not lead to higher levels of pollution in the environment.

2.   Without prejudice to Article 19, the emission limit values and the equivalent parameters and technical measures referred to in paragraphs 1 and 2 of Article 15 shall be based on the best available techniques, without prescribing the use of any technique or specific technology.

The competent authority shall set emission limit values and monitoring and compliance requirements to ensure that the BAT associated emission levels are not exceeded

Emission limit values may be supplemented by equivalent parameters or technical measures provided that an equivalent level of environmental protection can be achieved.

3.   By derogation from the second subparagraph of paragraph 2, the competent authority may, in exceptional cases which result from the assessment of the environmental and economic costs and benefits taking into account the technical characteristics of the installation concerned, its geographical location and the local environmental conditions, set emission limit values, equivalent parameters or technical measures, and monitoring and compliance requirements in such a way that BAT associated emission levels may be exceeded .

Those emission limit values, equivalent parameters or technical measures shall however not exceed the emission limit values set out in accordance with Article 68 or, where applicable, in Annexes V to VIII.

Member States shall ensure that the public concerned is given early and effective opportunities to participate in the decision-making process relating to the grant of the derogation referred to in this paragraph.

When emission limit values, equivalent parameters and technical measures are established in accordance with this paragraph, the reasons for allowing emission levels to deviate from BAT associated emission levels, as described in the BAT reference documents, shall be documented and justified in an annex to the permit conditions.

The Commission may establish criteria for the granting of the derogation referred to in this paragraph.

Those measures, designed to amend non-essential elements of this Directive, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 69(2).

4.   Paragraphs 2 and 3 shall apply to the spreading of livestock manure and slurry outside the site of the installation referred to in point 6.6 of Annex I, with the exception of areas included within the scope of Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources (31) .

5.   The competent authority may grant temporary derogations from the requirements of paragraph 2 and from points (1) and (2) of ║Article 12 for increases in emissions which result from the testing and use of emerging techniques provided that within 6 months of the granting of the derogation the use of those techniques is either stopped or the activity achieves at least the emission levels associated with the best available techniques.

Article 17

Monitoring requirements

1.   The monitoring requirements referred to in Article 15(1) (c) and (d) shall, where applicable, be based on the conclusions on monitoring as described in the BAT reference documents.

2.   The frequency of the periodic monitoring referred to in Article 15(1) (d) shall be determined by the competent authority in a permit for each individual installation or in general binding rules.

Without prejudice to the first subparagraph, periodic monitoring shall be carried out at least once every five years for groundwater and ten years for soil, unless such monitoring is based on a systematic appraisal of the risk of contamination .

The Commission may establish criteria for the determination of the frequency of the periodic monitoring.

Those measures designed to amend non-essential elements of this Directive, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 69(2).

Article 18

General binding rules

1.   When adopting general binding rules, Member States shall ensure an integrated approach and a high level of environmental protection equivalent to that achievable with individual permit conditions.

2.   General binding rules shall be based on the best available techniques, without prescribing the use of any technique or specific technology in order to ensure compliance with Articles 15 and 16 .

3.   Member States shall ensure that general binding rules are kept up to date with developments in the best available techniques in order to ensure compliance with Article 22 .

4.   General binding rules adopted in accordance with paragraphs 1 to 3 shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication.

Article 19

Environmental quality standards

Where an environmental quality standard requires stricter conditions than those achievable by the use of the best available techniques, additional measures shall be included in the permit, without prejudice to other measures which may be taken to comply with environmental quality standards.

Article 20

Developments in best available techniques

Member States shall ensure that the competent authority follows or is informed of developments in best available techniques, and of the publication of any new or revised BAT reference documents, also informing the public concerned .

Article 21

Changes by operators to installations

1.   Member States shall take the necessary measures to ensure that the operator informs the competent authority of any planned change in the nature or functioning, or an extension of the installation which may have consequences for the environment. Where appropriate, the competent authority shall update the permit.

2.   Member States shall take the necessary measures to ensure that no substantial change planned by the operator is made without a permit issued in accordance with this Directive.

The application for a permit and the decision by the competent authority shall cover those parts of the installation and those details listed in Article 13 which may be affected by the substantial change.

3.   Any change in the nature or functioning or an extension of an installation shall be deemed to be substantial if the change or extension in itself reaches the capacity thresholds set out in Annex I.

Article 22

Reconsideration and updating of permit conditions by the competent authority

1.   Member States shall take the necessary measures to ensure that the competent authority periodically reconsiders all permit conditions and, where necessary to ensure compliance with this Directive, updates those, conditions.

2.   On request of the competent authority the operator shall submit all the information necessary for the purpose of reconsidering the permit conditions.

When reconsidering permit conditions the competent authority shall use any information resulting from monitoring or inspections.

3.   Where the Commission publishes a new or updated BAT reference document, Member States shall, within four years of publication, ensure that the competent authority reconsiders and, where necessary, updates the permit conditions for the installations concerned.

The first subparagraph shall apply to any derogation granted in accordance with Article 16(3).

4.  The permit conditions shall be reconsidered and, where necessary, updated at least in the following cases:

   a) the pollution caused by the installation is of such significance that the existing emission limit values of the permit need to be revised or new such values need to be included in the permit;
   b) significant changes in the best available techniques allow for the significant reduction of emissions;
   c) the operational safety requires other techniques to be used;
   d) where needed for compliance with Directive 2001/81/EC or with an environmental quality standard in accordance with Article 19.  

Article 23

Site closure and remediation

1.   Without prejudice to Directive 2004/35/CE, to Directive 2006/118/EC of the European Parliament and of the Council of 12 December 2006 on the protection of groundwater against pollution and deterioration (32) , to Directive 2008/99/EC of the European Parliament and of the Council of 19 November 2008 on the protection of the environment through criminal law (33) and to Directive 2009/.. ./EC of the European Parliament and of the Council of… establishing a framework for the protection of soil(34) (35) the competent authority shall ensure that the permit conditions imposed to ensure the respect of the principle set out in point (8) of Article 12 are implemented upon definitive cessation of activities.

2.   Where the activity involves the use, production or release of significant amounts of relevant dangerous substances having regard to the possibility of soil and groundwater contamination at the site of the installation, the operator shall prepare a baseline report before starting operation of an installation or before a permit for an installation is updated. That report shall contain the quantified information necessary to determine the initial state of the soil and the groundwater with regard to significant amounts of relevant dangerous substances .

The Commission shall establish the general criteria on the content of the baseline report.

Those measures designed to amend non-essential elements of this Directive, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 69(2).

3.   Upon definitive cessation of the activities, the operator shall inform the competent authority and assess the state of the soil and groundwater contamination by dangerous substances. Where the installation has caused any pollution by dangerous substances of soil or groundwater compared to the initial state established in the baseline report referred to in paragraph 2, the operator shall remediate the site and return it to that initial state.

4.   Where the operator is not required to prepare a baseline report referred to in paragraph 2, the operator shall take the necessary measures upon definitive cessation of the activities to ensure that the site does not pose any significant risk to human health and the environment.

Article 24

Comparison of emissions with best available techniques associated emission levels

The relevant data on compliance with the permit conditions referred to in point (1) of Article 8 shall include a comparison between the ▌emissions and the best available techniques associated emissions levels as described in the BAT reference documents. That relevant data shall be made accessible on the internet without delay.

Article 25

Inspections

1.   Member States shall set up a system of inspections of installations.

That system shall include on site inspections.

Member States shall ensure that operators afford the competent authorities all necessary assistance to enable those authorities to carry out any on site inspections, to take samples and to gather any information necessary for the performance of their duties for the purposes of this Directive.

2.   Member States shall ensure that all installations are covered by an inspection plan.

3.  Each inspection plan shall include the following:

   a) general assessment of relevant significant environmental issues;
   b) the geographical area covered by the inspection plan;
   c) a register of the installations covered by the inspection plan and a general appraisal of their state of compliance with the requirements of this Directive;
   d) provisions for its revision;
   e) an outline of the programmes for routine inspections pursuant to paragraph 5;
   f) procedures for non-routine inspections pursuant to paragraph 6;
   g) where necessary, provisions on the co-operation between different inspection authorities.

4.   Based on the inspection plans, the competent authorities shall regularly draw up inspection programmes, determining the frequency of site visits for different types of installations.

Member States shall ensure that a sufficient number of skilled persons are available to carry out the inspections.

Those programmes shall include at least one random site visit every 18 months , for each installation. This frequency shall be increased to at least every six months if an inspection has identified a case of non-compliance with the permit conditions.

Where those programmes are based on a systematic appraisal of the environmental risks of the particular installations concerned, the frequency of site visits may be lowered to a minimum of one every 24 months .

The systematic appraisal of the environmental risks shall be based on objective criteria such as:

   a) the record of the operators" compliance with the conditions of the permit;
   b) the impacts of the installation on the environment and human health;
   c) the participation of the operator in the Community eco-management and audit scheme (EMAS), pursuant to Regulation (EC) No 761/2001 (36) , or the implementation of equivalent eco-management systems.

The Commission may establish further criteria on the appraisal of the environmental risks.

Those measures, designed to amend non-essential elements of this Directive ║by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 69(2).

5.   Routine inspections shall be sufficient for the examination of the full range of relevant environmental effects from the installation concerned.

Routine inspections shall ensure that the operator complies with the permit conditions.

Routine inspections shall also serve to assess the effectiveness of the permit requirements.

6.   Non-routine random inspections shall be carried out to investigate serious and qualified environmental complaints, serious environmental accidents, incidents and occurrences of non-compliance or facts that seriously affect human health as soon as possible and, where appropriate, before the issue, reconsideration or update of a permit.

When carrying out such a non-routine inspection, the competent authorities may require operators to provide information in order to investigate the content of an accident, incident or occurrence of non-compliance, including health statistics.

7.   Following each routine and non-routine inspection, the competent authority shall prepare a report describing the findings as to compliance of the installation with the requirements of this Directive and conclusions on whether any further action is necessary.

The report shall be notified to the operator concerned within two months. The report shall be made publicly available on the internet by the competent authority within four months after the inspection takes place.

The competent authority shall ensure that all the necessary actions identified in the report are taken within a reasonable period.

Article 26

Access to information and public participation in the permit procedure

1.  Member States shall ensure that the public concerned are given early and effective opportunities to participate in the following procedures:

   a) issuing of a permit for new installations;
   b) issuing of a permit for any substantial change;
   c) updating of a permit or permit conditions for an installation in accordance with point (a) of Article 22(4). 
   d) updating a permit or permit conditions for an installation where a derogation is to be granted in accordance with Article 16(3).

The procedure set out in Annex IV shall apply to such participation.

Non-governmental organisations promoting environmental protection and meeting the requirements of any relevant national law shall be deemed to have an interest.

2 .  When a decision on granting, reconsideration or updating of a permit ▌ has been taken, the competent authority shall inform the public and shall make available to the public without delay the following information:

   a) the content of the decision, including a copy of the permit and any subsequent updates;
   b) the reasons on which the decision is based;
   c) the results of the consultations held before the decision was taken and an explanation of how they were taken into account in that decision;
   d) the title of the BAT reference documents relevant to the installation or activity concerned;
   e) how the permit conditions referred to in Article 15 have been determined in relation to the best available techniques and associated emission levels as described in the BAT reference documents;
   f) where a derogation is granted in accordance with Article 16(3), the specific reasons for that derogation based on the criteria laid down in that paragraph and the conditions imposed;
   g) the result of the reconsideration ▌of permits as referred to in Article 22(1), (3) and (4);
   h) the results of monitoring of releases as required under the permit conditions and held by the competent authority.

Member States shall ensure that the information referred to in points (a) to (g) is made available on the internet without delay.

3 .   Paragraphs 1║ and 2 shall apply subject to the restrictions laid down in Article 4(1) and (2) of Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information(37) .

Article 27

Access to justice

1.  Member States shall ensure that, in accordance with the relevant national legal system, members of the public concerned have access to a review procedure before a court of law or another independent and impartial body established by law to challenge the substantive or procedural legality of decisions, acts or omissions subject to Article 26 when one of the following conditions is met:

   a) they have a sufficient interest;
   b) they maintain the impairment of a right, where administrative procedural law of a Member State requires this as a precondition.

2.   Member States shall determine at what stage the decisions, acts or omissions may be challenged.

3.   What constitutes a sufficient interest and impairment of a right shall be determined by Member States, consistently with the objective of giving the public concerned wide access to justice.

To this end, the interest of any non-governmental organisation promoting environmental protection and meeting any requirements under national law shall be deemed sufficient for the purpose of point (a) of paragraph 1.

Such organisations shall also be deemed to have rights capable of being impaired for the purpose of point (b) of paragraph 1.

4.   The provisions of paragraphs 1, 2 and 3 shall not exclude the possibility of a preliminary review procedure before an administrative authority and shall not affect the requirement of exhaustion of administrative review procedures prior to recourse to judicial review procedures, where such a requirement exists under national law.

Any such procedure shall be fair, equitable, timely and not prohibitively expensive.

5.   Member States shall ensure that practical information is made available to the public on access to administrative and judicial review procedures.

Article 28

Transboundary effects

1.   Where a Member State is aware that the operation of an installation is likely to have significant negative effects on the environment of another Member State, or where a Member State which is likely to be significantly affected so requests, the Member State in whose territory the application for a permit pursuant to Article 4 or Article 21(2) was submitted shall forward to the other Member State any information required to be given or made available pursuant to Annex IV at the same time as it makes it available to the public.

Such information shall serve as a basis for any consultations necessary in the framework of the bilateral relations between the two Member States on a reciprocal and equivalent basis.

2.   Within the framework of their bilateral relations, Member States shall ensure that in the cases referred to in paragraph 1 the applications are also made available for an appropriate period of time to the public of the Member State likely to be affected so that it will have the right to comment on them before the competent authority reaches its decision.

3.   The results of any consultations pursuant to paragraphs 1 and 2 shall be taken into consideration when the competent authority reaches a decision on the application.

4.   The competent authority shall inform any Member State which has been consulted pursuant to paragraph 1 of the decision reached on the application and shall forward to it the information referred to in Article 26(2) . That Member State shall take the measures necessary to ensure that that information is made available in an appropriate manner to the public concerned in its own territory.

Article 29

Emerging techniques

Member States shall establish incentives for operators to develop and apply emerging techniques.

For the purpose of the first subparagraph, the Commission shall adopt ▌the following criteria :

   a) the type of industrial activities for prioritised development and application of emerging techniques;
   b) indicative targets for Member States regarding the development and application of emerging techniques;
   c) the tools to assess the progress made in developing and applying emerging techniques.

Those measures, designed to amend non-essential elements of this Directive║by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 69(2).

CHAPTER III

Special provisions for combustion plants

Article 30

Scope

This Chapter shall apply to combustion plants designed for production of energy, the rated thermal input of which is equal to or greater than 50 MW, irrespective of the type of fuel used.

This Chapter shall not apply to the following combustion plants:

   a) plants in which the products of combustion are used for the direct heating, drying, or any other treatment of objects or materials;
   b) post-combustion plants designed to purify the waste gases by combustion which are not operated as independent combustion plants;
   c) facilities for the regeneration of catalytic cracking catalysts;
   d) facilities for the conversion of hydrogen sulphide into sulphur;
   e) reactors used in the chemical industry;
   f) coke battery furnaces;
   g) cowpers;
   h) any technical apparatus used in the propulsion of a vehicle, ship or aircraft;
   i) gas turbines used on offshore platforms;
   j) plants which use any solid or liquid waste as a fuel other than waste referred to in point (a) of Article 37 (2). 

Articles 31, 32 and 35 shall not apply to combustion installations when these are covered by a sector-specific BAT reference document and when they are excluded from the scope of the Large Combustion Plant BAT reference document.

Article 31

Aggregation rules

1.   Where the waste gases of two or more separate combustion plants are discharged through a common stack, the combination formed by such plants shall be considered as a single combustion plant and their capacities added.

2.   Where two or more separate combustion plants which have been granted a permit or have submitted a complete application after the date referred to in Article 72(2) are installed in such a way that, taking technical and economic factors into account, their waste gases could be discharged through a common stack, the combination formed by such plants shall be considered as a single combustion plant and their capacities added. 

Article 32

Emission limit values

1.   Waste gases from combustion plants shall be discharged in a controlled way by means of a stack, containing one or more flues, the height of which is calculated in such a way as to safeguard human health and the environment.

2.   All permits for installations containing combustion plants which have been granted a permit or have submitted a complete application before the date referred to in Article 72(2) provided that such plant is put into operation no later than one year after that date shall include conditions ensuring that emissions to air from these plants do not exceed the emission limit values laid down in Part 1 of Annex V.

3.   All permits for installations containing combustion plants not covered by paragraph 2 shall include conditions ensuring that emissions to the air from these plants do not exceed the emission limit values laid down in Part 2 of Annex V. 

4.   The competent authority may grant a derogation for a maximum of six months from the obligation to comply with the emission limit values provided for in paragraphs 2 and 3 for sulphur dioxide in respect of a combustion plant which to this end normally uses low-sulphur fuel, in cases where the operator is unable to comply with those limit values because of an interruption in the supply of low-sulphur fuel resulting from a serious shortage.

Member States shall immediately inform the Commission of any derogation granted under the first subparagraph.

5.   The competent authority may grant a derogation from the obligation to comply with the emission limit values provided for in paragraphs 2 and 3 in cases where a combustion plant using only gaseous fuel has to resort exceptionally to the use of other fuels because of a sudden interruption in the supply of gas and for this reason would need to be equipped with a waste gas purification facility. The period for which such a derogation is granted shall not exceed 10 days except where there is an overriding need to maintain energy supplies. 

The operator shall immediately inform the competent authority of each specific case referred to in the first subparagraph.

Member States shall inform the Commission immediately of any derogation granted under the first subparagraph.

6.   Where a combustion plant is extended by at least 20 MW , the emission limit values specified in part 2 of Annex V shall apply to the part of the plant affected by the change and shall be set in relation to the rated thermal input of the entire combustion plant.

Article 33 

Malfunction or breakdown of the abatement equipment

1.   Member States shall ensure that provision is made in the permits for procedures relating to malfunction or breakdown of the abatement equipment.

2.   In the case of a breakdown the competent authority shall require the operator to reduce or close down operations if a return to normal operation is not achieved within 24 hours, or to operate the plant using low polluting fuels.

The operator shall notify the competent authority within 48 hours after the malfunction or breakdown of the abatement equipment.

The cumulative duration of unabated operation shall not exceed 120 hours in any 12-month period.

The competent authority may grant a derogation from the time limits set out in the first and third subparagraphs in one of the following cases:

   a) there is an overriding need to maintain energy supplies,
   b) the combustion plant with the breakdown would be replaced for a limited period by another plant which would cause an overall increase in emissions.

Article 34

Monitoring of emissions into air

1.   Member States shall ensure that the monitoring of air polluting substances is carried out in accordance with Part 3 of Annex V. Member States may require that such monitoring be carried out at the operator's expense.

2.   The installation and functioning of the automated monitoring equipment shall be subject to control and to annual surveillance tests as set out in Part 3 of Annex V.

3.   The competent authority shall determine the location of the sampling or measurement points to be used for monitoring of emissions.

4.   All monitoring results shall be recorded, processed and presented in a way as to enable the competent authority to verify compliance with the operating conditions and emission limit values which are included in the permit.

Article 35

Compliance with emission limit values

The emission limit values for air shall be regarded as being complied with if the conditions set out in Part 4 of Annex V are fulfilled. 

Article 36 

Multi-fuel firing combustion plants

1.  In the case of a multi- fuel firing combustion plant involving the simultaneous use of two or more fuels, the competent authority shall set the emission limit values in accordance with the following steps:

   a) take the emission limit value relevant for each individual fuel and pollutant corresponding to the rated thermal input of the entire combustion plant as set out in Parts 1 and 2 of Annex V,
   b) determine fuel-weighted emission limit values, which are obtained by multiplying the individual emission limit value referred to in point (a) by the thermal input delivered by each fuel, and dividing the product of multiplication by the sum of the thermal inputs delivered by all fuels,
   c) aggregate the fuel-weighted emissions limit values.

2.   In the case of multi- fuel firing combustion plants using the distillation and conversion residues from refining of crude-oil for own consumption, alone or with other fuels, the Commission may amend paragraph 1 to set an average emission limit value for sulphur dioxide covering all such plants with a rated thermal input of 50 MW or more.

Those measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 69(2). 

Chapter IV

Special provisions for waste incineration plants and waste co-incineration plants

Article 37

Scope

1.   This Chapter shall apply to waste incineration plants and waste co-incineration plants which incinerate or co-incinerate solid or liquid waste. 

For the purposes of this Chapter waste incineration plants and waste co-incineration plants shall include all incineration lines or co-incineration lines, waste reception, storage, on site pretreatment facilities, waste-fuel and air-supply systems, boiler, facilities for the treatment of waste gases, on-site facilities for treatment or storage of residues and waste water, stack, devices and systems for controlling incineration or co-incineration operations, recording and monitoring incineration or co-incineration conditions.

If co-incineration takes place in such a way that the main purpose of the plant is ║the thermal treatment of waste rather than the generation of energy or production of material products , the plant shall be regarded as a waste incineration plant.

2.  This Chapter shall not apply to the following plants: 

  a) plants treating only the following wastes:
   i) waste listed in point (b) of Article 3(22),  
   ii) radioactive waste,
   iii) animal carcasses as regulated by Regulation (EC) No 1774/2002 of the European Parliament and of the Council of 3 October 2002 laying down health rules concerning animal by-products not intended for human consumption(38) ;
   iv) waste resulting from the exploration for, and the exploitation of, oil and gas resources from off-shore installations and incinerated on board the installations;
   b) experimental plants used for research, development and testing in order to improve the incineration process and which treat less than 50 tonnes of waste per year.

Article 38

Applications for permits

An application for a permit for a waste incineration plant or waste co-incineration plant shall include a description of the measures which are envisaged to guarantee that the following requirements are met:

   a) the plant is designed, equipped and will be maintained and operated in such a manner that the requirements of this Chapter are met taking into account the categories of waste to be incinerated or co-incinerated;
   b) the heat generated during the incineration and co-incineration process is recovered as far as practicable through the generation of heat, steam or power;
   c) the residues will be minimised in their amount and harmfulness and recycled where appropriate;
   d) the disposal of the residues which cannot be prevented, reduced or recycled will be carried out in conformity with national and Community legislation.

Article 39

 Permit conditions

1.  The permit shall include the following:

   a) a list of all categories of waste which may be treated using at least the categories of waste set up in the European Waste List established by Commission Decision 2000/532/EC, and containing information on the quantity of each category of waste, where appropriate;
   b) the total waste incinerating or co-incinerating capacity of the plant;
   c) the limit values for emissions to air and water; 
   d) the requirements for the pH, temperature and flow of waste water discharges;  
   e) the sampling and measurement procedures and frequencies to be used to comply with the conditions set for emission monitoring;
   f) the maximum permissible period of any technically unavoidable stoppages, disturbances, or failures of the purification devices or the measurement devices, during which the emissions into the air and the discharges of waste water may exceed the prescribed emission limit values.

2.  In addition to the requirements set out in paragraph 1, the permit granted to a waste incineration plant or waste co-incineration plant using hazardous waste shall include the following:

   a) a list of the quantities of the different categories of hazardous waste which may be treated;
   b) the minimum and maximum mass flows of those hazardous wastes, their lowest and maximum calorific values and their maximum contents of PCB, PCP, chlorine, fluorine, sulphur, heavy metals and other polluting substances.

3.   Member States may list the categories of waste to be included in the permit which can be co-incinerated in certain categories of waste co-incineration plants.

4.   The competent authority shall periodically reconsider and, where necessary, update permit conditions.

Article 40

Control of emissions

1.   Waste gases from waste incineration plants and waste co-incineration plants shall be discharged in a controlled way by means of a stack the height of which is calculated in such a way as to safeguard human health and the environment.

2.   Emissions to air from waste incineration plants and waste co-incineration plants shall not exceed the emission limit values set out in parts 3 and 4 of Annex VI or determined in accordance with part 4 of that Annex.

If in a waste co-incineration plant more than 40 % of the resulting heat release comes from hazardous waste, or the plant co-incinerates untreated mixed municipal waste, the emission limit values set out in Part 3 of Annex VI shall apply.

3.   Discharges to the aquatic environment of waste water resulting from the cleaning of waste gases shall be limited as far as practicable and the concentrations of polluting substances shall not exceed the emission limit values set out in Part 5 of Annex VI.

4.   The emission limit values shall apply at the point where waste waters from the cleaning of waste gases are discharged from the waste incineration plant or waste co-incineration plant.

When waste waters from the cleaning of waste gases are treated outside the waste incineration plant or waste co-incineration plant at a treatment plant intended only for the treatment of this sort of waste water, the emission limit values set out in Part 5 of Annex VI shall be applied at the point where the waste waters leave the treatment plant. Where the waste water from the cleaning of waste gases is treated collectively with other sources of waste water, either on site or off site, the operator shall make the appropriate mass balance calculations, using the results of the measurements set out in point 2 of Part 6 of Annex VI in order to determine the emission levels in the final waste water discharge that can be attributed to the waste water arising from the cleaning of waste gases.

Under no circumstances shall dilution of waste water take place for the purpose of complying with the emission limit values set out in Part 5 of Annex VI.

5.   Waste incineration plant sites and waste co-incineration plant sites, including associated storage areas for waste, shall be designed and operated in such a way as to prevent the unauthorised and accidental release of any polluting substances into soil, surface water and groundwater.

Storage capacity shall be provided for contaminated rainwater run-off from the waste incineration plant site or waste co-incineration plant site or for contaminated water arising from spillage or fire-fighting operations. The storage capacity shall be adequate to ensure that such waters can be tested and treated before discharge where necessary.

6.   Without prejudice to Article 44 (4)(c), the waste incineration plant or waste co-incineration plant or individual furnaces being part of a waste incineration plant or waste co-incineration plant shall under no circumstances continue to incinerate waste for a period of more than four hours uninterrupted where emission limit values are exceeded.

The cumulative duration of operation in such conditions over one year shall not exceed 60 hours.

The time limit set out in the second subparagraph shall apply to those furnaces which are linked to one single waste gas cleaning device.

Article 41

Breakdown

In the case of a breakdown, the operator shall reduce or close down operations as soon as practicable until normal operations can be restored.

Article 42

Monitoring of emissions

1.   Member States shall ensure that the monitoring of emissions is carried out in accordance with Parts 6 and 7 of Annex VI.

2.   The installation and functioning of the automated measuring systems shall be subject to control and to annual surveillance tests as set out in point 1 of Part 6 of Annex VI.

3.   The competent authority shall determine the location of the sampling or measurement points to be used for monitoring of emissions.

4.   All monitoring results shall be recorded, processed and presented in such a way as to enable the competent authority to verify compliance with the operating conditions and emission limit values which are included in the permit.

5.   The Commission shall, as soon as appropriate measurement techniques are available within the Community, set the date from which continuous measurements of the emissions to air of heavy metals and dioxins and furans shall be carried out.

Those measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 69(2).

Article 43

Compliance with emission limit values

The emission limit values for air and water shall be regarded as being complied with if the conditions described in Part 8 of Annex VI are fulfilled.

Article 44

Operating conditions

1.   Waste incineration plants shall be operated in such a way ║as to achieve a level of incineration such that the total organic carbon content of slag and bottom ashes is less than 3 % or their loss on ignition is less than 5 % of the dry weight of the material. If necessary, waste pre-treatment techniques shall be used.

2.   Waste incineration plants and waste co-incineration plants shall be designed, equipped, built and operated in such a way that the gas resulting from the incineration or co-incineration of waste is raised, after the last injection of combustion air, in a controlled and homogeneous fashion and even under the most unfavourable conditions, to a temperature of at least 850 °C for at least two seconds.

If hazardous waste with a content of more than 1 % of halogenated organic substances, expressed as chlorine, is incinerated or co-incinerated, the temperature required to comply with the first subparagraph shall be at least 1100°C.

In waste incineration plants, the temperatures set out in the first and second subparagraphs shall be measured near the inner wall of the combustion chamber. The competent authority may authorise the measurements at another representative point of the combustion chamber. 

3.   Each combustion chamber of a waste incineration plant shall be equipped with at least one auxiliary burner. This burner shall be switched on automatically when the temperature of the combustion gases after the last injection of combustion air falls below the temperatures set out in paragraph 2. It shall also be used during plant start-up and shut-down operations in order to ensure that those temperatures are maintained at all times during these operations and as long as unburned waste is in the combustion chamber.

The auxiliary burner shall not be fed with fuels which can cause higher emissions than those resulting from the burning of gasoil as defined in Article 1(1) of Council Directive 93/12/EEC of 23 March 1993 relating to the sulphur content of certain liquid fuels(39) , liquefied gas or natural gas.

4.  Waste incineration plants and waste co-incineration plants shall operate an automatic system to prevent waste feed in the following situations:

   a) at start-up, until the temperature set out in paragraph 2 or the temperature specified according to Article 45(1) has been reached;
   b) whenever the temperature set out in paragraph 2 or the temperature specified according to Article 45 (1) is not maintained;
   c) whenever the continuous measurements show that any emission limit value is exceeded due to disturbances or failures of the waste gas cleaning devices.

5.   Any heat generated by waste incineration plants or waste co-incineration plants shall be recovered as far as practicable.

6.   Infectious clinical waste shall be placed straight in the furnace, without first being mixed with other categories of waste and without direct handling.

7.   Member States shall ensure that the waste incineration plant or waste co-incineration plant is operated and controlled by a natural person who is competent to manage the plant.

Article 45

Authorisation to change operation conditions

1.   Conditions different from those laid down in paragraphs 1, 2 and 3 of Article 44 and, as regards the temperature, paragraph 4 of that Article and specified in the permit for certain categories of waste or for certain thermal processes may be authorised by the competent authority, provided the other requirements of this Chapter are met. Member States may lay down rules governing these authorisations.

2.   For waste incineration plants, the change of the operational conditions shall not cause more residues or residues with a higher content of organic polluting substances compared to those residues which could be expected under the conditions laid down in paragraphs 1, 2 and 3 of Article 44 .

3.   Waste co-incineration plants, authorised to change operational conditions according to paragraph 1 shall comply with at least the emission limit values set out in Part 3 of Annex VI for total organic carbon and CO.

Boilers within the pulp and paper industry co-incinerating bark waste at the place of its production which were in operation and had a permit before 28 December 2002 and which are authorised to change operational conditions according to paragraph 1 shall comply with, at least the emission limit values set out in Part 3 of Annex VI for total organic carbon

4.   Member States shall communicate to the Commission all operating conditions authorised under paragraphs 1, 2 and 3 and the results of verifications made as part of the information provided in accordance with the reporting requirements under Article 66 .

Article 46

Delivery and reception of waste

1.   The operator of the waste incineration plant or waste co-incineration plant shall take all necessary precautions concerning the delivery and reception of waste in order to prevent or to limit as far as practicable the pollution of air, soil, surface water and groundwater as well as other negative effects on the environment, odours and noise, and direct risks to human health.

2.   The operator shall determine the mass of each category of waste, according to the European Waste List established by Commission Decision 2000/532/EC, prior to accepting the waste at the waste incineration plant or waste co-incineration plant.

3.   Prior to accepting hazardous waste at the waste incineration plant or waste co-incineration plant, the operator shall collect available information about the waste for the purpose of verifying compliance with the permit requirements specified in Article 39 (2).

That information shall cover the following:

   a) all the administrative information on the generating process contained in the documents mentioned in paragraph 4(a);
   b) the physical, and as far as practicable, chemical composition of the waste and all other information necessary to evaluate its suitability for the intended incineration process;
   c) the hazardous characteristics of the waste, the substances with which it cannot be mixed, and the precautions to be taken in handling the waste.

4.  Prior to accepting hazardous waste at the waste incineration plant or waste co-incineration plant, at least the following procedures shall be carried out by the operator:

   a) the checking of the documents required by Directive 2008/98/EC and, where applicable, those required by Council Regulation (EEC) No 259/93 of 1 February 1993 on the supervision and control of shipments of waste within, into and out of the European Community(40) and by legislation on transport of dangerous goods;
   b) the taking of representative samples, unless inappropriate as far as possible before unloading, to verify conformity with the information provided for in paragraph 3 by carrying out controls and to enable the competent authorities to identify the nature of the wastes treated.

The samples referred to in point (b) shall be kept for at least one month after the incineration or co-incineration of the waste concerned.

5.   The competent authority may grant exemptions from paragraphs 2, 3 and 4 to waste incineration plants or waste co-incineration plants which are a part of an installation covered by Chapter II and only incinerate or co-incinerate waste generated within that installation.

Article 47

Residues

1.   Residues shall be minimised in their amount and harmfulness. Residues shall be recycled, where appropriate, directly in the plant or outside.

2.   Transport and intermediate storage of dry residues in the form of dust shall take place in such a way as to prevent dispersal of those residues in the environment.

3.   Prior to determining the routes for the disposal or recycling of the residues, appropriate tests shall be carried out to establish the physical and chemical characteristics and the polluting potential of the residues. Those tests shall concern the total soluble fraction and heavy metals soluble fraction.

Article 48

 Substantial change 

A change of operation of a waste incineration plant or a waste co-incineration plant treating only non-hazardous waste in an installation covered by Chapter II which involves the incineration or co-incineration of hazardous waste shall be regarded as a substantial change.

Article 49

Reporting and public information on waste incineration plants and waste co-incineration plants

1.   Applications for new permits for waste incineration plants and waste co-incineration plants shall be made available to the public at one or more locations for an appropriate period to enable the public to comment on the applications before the competent authority reaches a decision. That decision, including at least a copy of the permit, and any subsequent updates, shall also be made available to the public.

2.   For waste incineration plants or waste co-incineration plants with a nominal capacity of two tonnes or more per hour the report referred to in Article 66 shall include information on the functioning and monitoring of the plant and give account of the running of the incineration or co-incineration process and the level of emissions into air and water in comparison with the emission limit values. That information shall be made available to the public.

3.   A list of waste incineration plants or waste co-incineration plants with a nominal capacity of less than two tonnes per hour shall be drawn up by the competent authority and shall be made available to the public.

Chapter V

 Special provisions for installations and activities using organic solvents 

Article 50

Scope

This Chapter shall apply to activities listed in Part 1 of Annex VII and, where applicable, reaching the consumption thresholds set out in Part 2 of that Annex. 

Article 51

Definitions

For the purposes of this Chapter, the following definitions shall apply:

   1) "existing installation' means an installation in operation which has been granted a permit before 1 April 2001 or has submitted a complete application for a permit before 1 April 2001 provided that that installation was put in operation no later than 1 April 2002;
   2) "waste gases' means the final gaseous discharge containing volatile organic compounds or other pollutants from a stack or abatement equipment into air;
   3) "fugitive emissions' means any emissions not in waste gases of volatile organic compounds into air, soil and water as well as solvents contained in any products, unless otherwise stated in Part 2 of Annex VII.;
   4) "total emissions' means the sum of fugitive emissions and emissions in waste gases;
   5) "mixture' means mixture as defined in paragraph 2 of Article 3 of Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and restriction of Chemicals (REACH)(41) ,
   6) "adhesive' means any mixture, including all the organic solvents or mixtures containing organic solvents necessary for its proper application, which is used to adhere separate parts of a product;
   7) "ink' means a mixture, including all the organic solvents or mixtures containing organic solvents necessary for its proper application, which is used in a printing activity to impress text or images on to a surface;
   8) "varnish' means a transparent coating;
   9) "consumption' means the total input of organic solvents into an installation per calendar year, or any other 12-month period, less any volatile organic compounds that are recovered for reuse;
   10) "input' means the quantity of organic solvents and their quantity in mixtures used when carrying out an activity, including the solvents recycled inside and outside the installation, and which are counted every time they are used to carry out the activity;
   11) "reuse' means the use of organic solvents recovered from an installation for any technical or commercial purpose and including use as a fuel but excluding the final disposal of such recovered organic solvent as waste;
   12) "contained conditions' means conditions under which an installation is operated so that the volatile organic compounds released from the activity are collected and discharged in a controlled way either via a stack or abatement equipment and are therefore not entirely fugitive;
   13) "start-up and shut-down operations' means operations excluding regularly oscillating activity phases whilst bringing an activity, an equipment item or a tank into or out of service or into or out of an idling state,

Article 52

 Substitution of hazardous substances 

Substances or mixtures which, because of their content of volatile organic compounds, are classified as carcinogens, mutagens, or toxic to reproduction under Directive 67/548/EEC, are assigned or need to carry the risk phrases R45, R46, R49, R60 or R61, shall be replaced, as far as possible by less harmful substances or mixtures within the shortest possible time.

Article 53

Control of emissions 

1.  Member States shall take the necessary measures to ensure either of the following:

   a) the emission of volatile organic compounds from installations shall not exceed the emission limit values in waste gases and the fugitive emission limit values, or the total emission limit values, and other requirements laid down in Parts 2 and 3 of Annex VII are complied with;
   b) installations comply with the requirements of the reduction scheme set out in Part 5 of Annex VII provided that an equivalent emission reduction is achieved compared to that achieved through the application of the emission limit values referred to in point (a).

Member States shall report to the Commission in accordance with Article 66(1) on the progress in achieving the equivalent emission reduction referred to in point (b). 

2.   By derogation from point (a) of paragraph 1, where the operator demonstrates to the competent authority that for an individual installation the emission limit value for fugitive emissions is not technically and economically feasible, the competent authority may allow emissions to exceed that emission limit value provided that significant risks to human health or the environment are not to be expected and that the operator demonstrates to the competent authority that the best available techniques are being used;

3.   By derogation from paragraph 1, for coating activities covered by item 8 of the Table in Part 2 of Annex VII which cannot be carried out under contained conditions, the competent authority may allow the emissions of the installation not to comply with the requirements set out in that paragraph if the operator demonstrates to the competent authority that such compliance is not technically and economically feasible and that the best available techniques are being used. 

4.   Member States shall report to the Commission on the derogations  referred to in paragraphs 2 and 3 in accordance with Article 66(2) .

5.   The emissions of volatile organic compounds which are assigned or need to carry the risk phrases R40, R45, R46, R49, R60, R61 or R68 shall be controlled under contained conditions as far as technically and economically feasible to safeguard public health and the environment and shall not exceed the emission limit values set out in Part 4 of Annex VII.

6.  Installations where two or more activities are carried out, each of which exceeds the thresholds in Part 2 of Annex VII shall:

   a) as regards the substances specified in paragraph 5, meet the requirements of that paragraph for each activity individually;
  b) as regards all other substances, either:
   i) meet the requirements of paragraph 1 for each activity individually; or
   ii) have total emissions of volatile organic compounds not exceeding those which would have resulted had point (i) been applied.

7.   All appropriate precautions shall be taken to minimise emissions of volatile organic compounds during start-up and shut-down operations.

Article 54

Monitoring of emissions 

Member States shall, either by specification in the conditions of the permit or by general binding rules, ensure that measurements of emissions are carried out in accordance with Part 6 of Annex VII. 

Article 55

Compliance with emission limit values

The emission limit values in waste gases shall be regarded as being complied with if the conditions set out in Part 8 of Annex VII are fulfilled.

Article 56

 Reporting on compliance 

The report on compliance referred to in paragraph 1 of Article 8 shall demonstrate compliance with either of the following:

   a) emission limit values in waste gases, fugitive emission limit values and total emission limit values;
   b) the requirements of the reduction scheme under Part 5 of Annex VII;
   c) the derogations granted in accordance with paragraphs 2 and 3 of Article 53

The report on compliance may include a solvent management plan prepared in accordance with Part 7 of Annex VII .

Article 57

Substantial change to existing installations

1.   A change of the maximum mass input of organic solvents by an existing installation averaged over one day, if the installation is operated at its design output under conditions other than start-up and shut-down operations and maintenance of equipment, shall be considered as substantial if it leads to an increase of emissions of volatile organic compounds of more than: 

–   25 % for an installation having activities falling within the lower threshold band of items 1, 3, 4, 5, 8, 10, 13, 16 or 17 of Part 2 of Annex VII or, for the other activities of Part 2 of Annex VII, having a solvent consumption of less than 10 tonnes per year; 

–   10 % for all other installations. 

2.   Where an existing installation undergoes a substantial change, or falls within the scope of this Directive for the first time following a substantial change, that part of the installation which undergoes the substantial change shall be treated either as a new installation or as an existing installation, provided that the total emissions of the whole installation do not exceed those that would have resulted had the substantially changed part been treated as a new installation.

3.   In the case of a substantial change, the competent authority shall check compliance of the installation with the requirements of this Directive.

Article 58

 Exchange of information on substitution of organic solvents  

The Commission shall organise an exchange of information with the Member States, the industry concerned and non-governmental organisations promoting environmental protection on the use of organic solvents and their potential substitutes and techniques which have the least potential effects on air, water, soil, ecosystems and human health. 

The exchange of information shall be organised on all of the following: 

   a) fitness for use;
   b) potential effects on human health and occupational exposure in particular;
   c) potential effects on the environment;
   d) the economic consequences, in particular the costs and benefits of the options available.

Article 59

Access to information

1.   The decision of the competent authority, including at least a copy of the permit, and any subsequent updates, shall be made available to the public.

The general binding rules applicable for installations and the list of installations subject to permitting and registration shall be made available to the public.

2.   The results of the monitoring of emissions as required under Article 54 and held by the competent authority shall be made available to the public.

3.   Paragraphs 1 and 2 shall apply, subject to the restrictions laid down in Article 4(1) and (2) of Directive 2003/4/EC.

Chapter VI

 Special provisions for installations producing titanium dioxide 

Article 60

Scope

This Chapter shall apply to installations producing titanium dioxide.

Article 61

Prohibition of the disposal of waste

Member States shall prohibit the disposal of the following waste into any water body, sea or ocean:

   1) solid waste;
   2) the mother liquors arising from the filtration phase following hydrolysis of the titanyl sulphate solution from installations applying the sulphate process; including the acid waste associated with such liquors, containing overall more than 0.5% free sulphuric acid and various heavy metals, including acid waste which  has been diluted until it contains 0,5 % or less free sulphuric acid;
   3) waste from installations applying the chloride process containing more than 0,5 % free hydrochloric acid and various heavy metals, including such waste which has been diluted until it contains 0,5 % or less free sulphuric acid; 
   4) filtration salts, sludges and liquid waste arising from the treatment (concentration or neutralisation) of the waste mentioned under paragraphs (2) and (3) and containing various heavy metals, but not including neutralised and filtered or decanted waste containing only traces of heavy metals and which, before any dilution, has a pH value above 5,5.

Article 62

Control of emissions into water

1.   Emissions from installations into water shall not exceed the emission limit values set out in Part 1 of Annex VIII.

2.   Member States shall take the necessary measures to ensure that acute toxicity tests are carried out in accordance with point 1 of Part 2 of Annex VIII and that the results of those tests comply with the values set out in point 2 of Part 2 of Annex VIII.

Article 63 

Prevention and control of emissions into air 

1.   The emission of acid droplets from the installations shall be prevented;

2.   Emissions to air from the installations shall not exceed the emission limit values set out in Part 3 of Annex VIII. 

Article 64

Monitoring of emissions and the environment 

1.   Member States shall ensure the monitoring of emissions into water in order to enable the competent authority to verify compliance with the permit conditions and Article 62 .

2.   Member States shall ensure the monitoring of emissions into air in order to enable the competent authority to verify compliance with the permit conditions and Article 63 .

Such monitoring shall include at least monitoring of emissions as set out in Part 5 of Annex VII. 

3.   Member States shall ensure the monitoring of the environment affected by discharges of waste from installations producing titanium dioxide into water in accordance with Part 4 of Annex VIII.

4.   Monitoring shall be carried out in accordance with CEN standards or, if CEN standards are not available, ISO standards, national or international standards which will ensure the provision of data of an equivalent scientific quality.

Chapter VII

 Committee, transitional and final provisions 

Article 65

Competent authorities

Member States shall designate the competent authorities and bodies responsible for carrying out the obligations arising from this Directive.

Article 66

Reporting by Member States

1.   Member States shall ensure that information is made available to the Commission on the implementation of this Directive, on representative data on the emissions and other environmental effects, on emission limit values and on the application of best available techniques in accordance with Articles 15 and 16 and on the derogations granted in accordance with Article 16(3) .

Member States shall develop and regularly upgrade national information systems to make available to the Commission in an electronic format the information referred to in the first subparagraph. Member States shall make available to the public a summary of the information provided.

2.   The Commission shall establish the type and format of the information to be made available by the Member States pursuant to paragraph 1.

Those measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 69(2).

3.   Within 3 years of the date referred to in Article 71(1), and every three years thereafter, the Commission shall submit to the European Parliament and the Council a report on the implementation of this Directive on the basis of the information referred to in paragraph 1 accompanied by a legislative proposal where appropriate.

Article 67

Amendments of Annexes

1.    On the basis of the best available techniques as described in the BAT reference documents concerned, the Commission shall, within 12 months of the publication of a BAT reference document in accordance with Article 14, based on the BAT conclusions in the BAT reference document, adjust Annexes V, VI, VII, VIII by setting emission limit values as minimum requirements. Emission limit values may be supplemented by equivalent parameters or technical measures and monitoring and compliance requirements provided that an equivalent level of environmental protection can be achieved.

Those measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 69(2).

2.    Before the adoption of the measures referred to in the first paragraph, the Commission shall consult the relevant industry and non-governmental organisations promoting environmental protection and shall report on the outcome of the consultations and how they have been taken into account.

Article 68

Minimum requirements

1.   Without prejudice to Article 67, the Commission shall, within 12 months of the publication of a BAT reference document in accordance with Article 14, based on the BAT conclusions in the BAT reference document, set emission limit values as well as monitoring and compliance requirements as minimum requirements. Emission limit values may be supplemented by equivalent parameters or technical measures where an equivalent level of environmental protection can be achieved by such equivalent parameters.

Such minimum requirements shall be directed to significant environmental impacts of the activities or installations concerned, and shall be based on BAT-AEL.

Those measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 69(2).

2.    Before the adoption of the implementing measures referred to in the first paragraph, the Commission shall consult the relevant industry organisations and non-governmental organisations promoting environmental protection and shall report on the outcome of the consultations and how they have been taken into account.

3.    In accordance with paragraphs 1 and 2, the Commission shall, in particular, by 31 December 2011 set emission limit values as well as monitoring and compliance requirements for dioxins and furans emitted by installations carrying out the activities referred to in points 2.1 and 2.2 of Annex I.

Member States or their competent authorities may set stricter emission limit values for dioxin and furan emissions.

Those measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 69(2).

Article 69

Committee procedure

1.   The Commission shall be assisted by a committee.

2.   Where reference is made to this paragraph, Articles 5a (1) to (4), and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

Article 70

Penalties

Member States shall determine penalties applicable to breaches of the national provisions adopted pursuant to this Directive. The penalties thus provided for shall be effective, proportionate and dissuasive. Member States shall notify those provisions to the Commission by ... at the latest and shall notify it without delay of any subsequent amendment affecting them.

Article 71

Transposition

1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Articles 2, 3(4), 3(15) -(18), (20), 4(2), 5, 6, 8(1), 9(2) b), 12(8), 13(1) e), 14, 15(1) d), 15(3)-(5), 16(2)-(5), 17, 18 (2)-(4), 22(2)-(3), 22(4) b) and d), 23, 24, 25, 26 (1) d), 26(2) c)-g), 29, 31, 32(3), 34(2)-(4), 35, 36(2), 42(5), 64(2), 64(4), 65-66 and 70, and Annexes points 1.1, 2.5(c), 3.5, 4.7, 5.2, 5.3, 6.1(c), 6.4(b), 6.6, 6.9, 6.10 of Annex I, point 1(b) of Annex IV, Parts 1-4 of Annex V, point b) of Part 1, points 2.2, 3.1 and 3.2 of Part 4, points 2.5 and 2.6 of Part 6 of Annex VI, point 3 of Part 7 of Annex VII, point 1 and 2(c) of Part 1 and points 2-3 of Part 3 of Annex VIII by …(42) at the latest. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.

They shall apply those provisions from …*.When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Article 72

Repeal

1.   Directives 78/176/EEC, 82/883/EEC, 92/112/EEC, 96/61/EC, 1999/13/EC and 2000/76/EC, as amended by the acts listed in Annex IX, Part A are repealed with effect from …(43) *, without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law and application of the Directives set out in Annex IX, Part B.

2.   Directive 2001/80/EC as amended by the acts listed in Annex IX, Part A is repealed with effect from 1 January 2016, without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law and application of the Directives set out in Annex IX, Part B.

3.   References to the repealed Directives shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex X.

Article 73

Transitional provisions

1.   In relation to installations referred to in Annex I, in points 1.2, 1.3, 1.4, 2.1 to 2.4, points (a) and (b) of point 2.5, points 2.6, 3, 4.1 to 4.6, 5.1, 5.2, points (a) and (b) of point 5.3, point 5.4, points (a) and (b) of point 6.1, points 6.2 to 6.5, points (b) and (c) of point 6.6, points 6.7 and 6.8 as well as installations referred to in point 1.1 with a rated thermal input of 50 MW or more and installations referred to in point (a) of point 6.6 with more than 40 000 places for poultry and which are in operation and hold a permit or which have submitted a complete application for a permit before the date referred to in Article 71(1), provided that those installations are put into operation no later than one year after that date, Member States shall apply the laws, regulations and administrative provisions adopted in accordance with Article 71(1) from …(44) ).

2.   In relation to installations referred to in Annex I, in point (c) of point 2.5, points (c), (d) and (e) of point 5.3, point (c) of point 6.1, points 6.9 and 6.10 as well as installations referred to in point 1.1 with a rated thermal input below 50 MW and installations referred to in point (a) of point 6.6 with less than 40 000 places for poultry and which are in operation before the date referred to in Article 71(1), Member States shall apply the laws, regulations and administrative provisions adopted in accordance with Article 71(1) from …(45) *.

3.   In relation to combustion plants covered by Chapter III, Member States shall apply the laws, regulations and administrative provisions adopted in accordance with Article 71(1) from 1 January 2016.

4.   In relation to combustion plants which co-incinerate waste, point 3.1 of Part 4 of Annex VI shall apply until 31 December 2015.

However, as from 1 January 2016 point 3.2 of Part 4 of Annex VI shall apply in relation to those plants.

Article 74

Entry into force

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

Article 75

Addressees

This Directive is addressed to the Member States.

Done at,

For the European Parliament For the Council

The President The President

ANNEX I

Categories of industrial activities referred to in Article 11

The threshold values given below generally refer to production capacities or outputs. Where several activities falling under the same point are operated in the same installation, the capacities of such activities are added together.

When calculating the total rated thermal input of installations referred to in point 1.1. for combustion plants used in healthcare facilities, only the normal running capacity shall be included for the purposes of this calculation.

When calculating the total rated thermal input of installations referred to in point 1.1, combustion plants with a rated thermal input below 3 MW shall not be included for the purposes of this calculation.

When calculating the total rated thermal input of installations referred to in point 1.1, combustion plants with a rated thermal input below 50 MW and operating no more than 500 hours per year shall not be included for the purposes of this calculation.

1.   Energy industries

1.1   Combustion of fuels in installations with a total rated thermal input of 20 MW or more 

1.2.   Refining of mineral oil and gas 

1.3.   Production of coke

1.4.   Gasification or liquefaction of fuels 

2.   Production and processing of metals

2.1.   Metal ore (including sulphide ore) roasting or sintering

2.2.   Production of pig iron or steel (primary or secondary fusion) including continuous casting, with a capacity exceeding 2,5 tonnes per hour

2.3.  Processing of ferrous metals:

   a) operation of  hot-rolling mills with a capacity exceeding 20 tonnes of crude steel per hour;
   b) operation of  smitheries with hammers the energy of which exceeds 50 kilojoule per hammer, where the calorific power used exceeds 20 MW;
   c) application of protective fused metal coats with an input exceeding 2 tonnes of crude steel per hour.

2.4.   Operation of ferrous metal foundries with a production capacity exceeding 20 tonnes of good castings per day

2.5.  Processing of non-ferrous metals:

   a) production of non-ferrous crude metals from ore, concentrates or secondary raw materials by metallurgical, chemical or electrolytic processes;
   b) melting including the alloyage, of non-ferrous metals, including recovered products, with a melting capacity exceeding 4 tonnes per day for lead and cadmium or 20 tonnes per day for all other metals  and excluding operation of foundries; 
   c) operation of non-ferrous metal foundries producing cast metal products, with melting capacity exceeding 2,4 tonnes per day for lead and cadmium or 12 tonnes per day for all other metals.

2.6.   Surface treatment of metals or plastic materials using anelectrolytic or chemical process where the volume of the treatment vatsexceeds 30 m3

3.   Mineral industry

3.1.   Production of cement clinker in rotary kilns with a production capacity exceeding 500 tonnes per day or lime in rotary kilns or other furnaces with a production capacity exceeding 50 tonnes per day

3.2.   Production of asbestos or the manufacture of asbestos-based products

3.3.   Manufacture of glass including glass fibre with a melting capacity exceeding 20 tonnes per day

3.4.   Melting mineral substances including the production of mineral fibres with a melting capacity exceeding 20 tonnes per day

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

4.   Chemical industry

For the purpose of this section, production within the meaning of the categories of activities contained in this section means the production on an industrial scale by chemical or biological  processing of substances or groups of substances listed in points 4.1 to 4.7

4.1.  Production of organic chemicals, such as:

   a) simple hydrocarbons (linear or cyclic, saturated or unsaturated, aliphatic or aromatic);
   b) oxygen-containing hydrocarbons such as alcohols, aldehydes, ketones, carboxylic acids, esters, acetates, ethers, peroxides, epoxy resins;
   c) sulphurous hydrocarbons;
   d) nitrogenous hydrocarbons such as amines, amides, nitrous compounds, nitro compounds or nitrate compounds, nitriles, cyanates, isocyanates;
   e) phosphorus-containing hydrocarbons;
   f) halogenic hydrocarbons;
   g) organometallic compounds;
   h) basic plastic materials (polymers synthetic fibres and cellulose-based fibres);
   i) synthetic rubbers;
   j) dyes and pigments;
   k) surface-active agents and surfactants.

4.2.  Production of inorganic chemicals, such as:

   a) gases, such as ammonia, chlorine or hydrogen chloride, fluorine or hydrogen fluoride, carbon oxides, sulphur compounds, nitrogen oxides, hydrogen, sulphur dioxide, carbonyl chloride;
   b) acids, such as chromic acid, hydrofluoric acid, phosphoric acid, nitric acid, hydrochloric acid, sulphuric acid, oleum, sulphurous acids;
   c) bases, such as ammonium hydroxide, potassium hydroxide, sodium hydroxide;
   d) salts, such as ammonium chloride, potassium chlorate, potassium carbonate, sodium carbonate, perborate, silver nitrate;
   e) non-metals, metal oxides or other inorganic compounds such as calcium carbide, silicon, silicon carbide.

4.3.   Production of phosphorous-, nitrogen- or potassium-based fertilizers (simple or compound fertilizers)

4.4.   Production of plant health products or of biocides

4.5.   Production of pharmaceutical products including intermediates 

4.6.   Production of explosives

4.7.   Production of chemicals for use as fuels or lubricants

5.   Waste management

5.1.  Disposal or recovery of hazardous waste with a capacity exceeding 10 tonnes per day involving the following activities: 

   a) biological treatment;
   b) physico-chemical treatment; 
   c) incineration or co-incineration;
   d) blending or mixing; 
   e) repackaging; 
   f) storage with a capacity exceeding 10 tonnes of storage; 
   g) use principally as a fuel or other means to generate energy; 
   h) solvent reclamation/regeneration; 
   i) recycling/reclamation of inorganic materials other than metals or metal compounds; 
   j) regeneration of acids or bases; 
   k) recovery of components used for pollution abatement; 
   l) recovery of components from catalysts; 
   m) oil re-refining or other reuses of oil. 

5.2.   Incineration and co-incineration of non-hazardous waste with a capacity exceeding 3 tonnes per hour.

5.3.  Disposal or recovery of non-hazardous waste with a capacity exceeding 50 tonnes per day involving the following activities:  

   a) biological treatment; 
   b) physico-chemical treatment,  with the exclusion of activities covered by Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment (46) and which result only in treated sludge, as defined in Council Directive 86/278/EEC of 12 June 1986 on the protection of the environment, and in particular of the soil, when sewage sludge is used in agriculture (47) . This exclusion applies only in cases where at least the same level of environmental protection would be achieved as under this Directive;  
   c) pre-treatment of waste for co-incineration;
   d) treatment of slags and ashes not covered by other categories of industrial activities ;
   e) treatment of scrap metal in shredders .

5.4   Landfills receiving more than 10 tonnes per day or with a total capacity exceeding 25 000 tonnes, excluding landfills of inert waste

6.   Other activities

6.1.  Production in industrial -installations of:

   a) pulp from timber or other fibrous materials;
   b) paper or card  board with a production capacity exceeding 20 tonnes per day;

c)   wood-based panels, with the exception of plywood, with a production capacity exceeding 600 m³ per day.

6.2.   Pre-treatment (operations such as washing, bleaching, mercerisation ) or dyeing of textile  fibres or textiles where the treatment capacity exceeds 10 tonnes per day

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

6.4.   (a) Operating  slaughterhouses with a carcass production capacity greater than 50 tonnes per day

(b)  Treatment and processing, other than exclusively packaging, of the following raw materials, whether previously processed or unprocessed, intended for the production of food products for humans or animals from :

   i) animal raw materials (other than exclusively milk) with a finished product production capacity greater than 75 tonnes per day
   ii) vegetable raw materials with a finished product production capacity greater than 300 tonnes per day
   iii) a mix of animal and vegetable raw materials with a finished product production capacity in tonnes per day greater than:

75 if A is equal to 10 or more; or

– [300- (22.5 x A)] in any other case

where 'A' is the portion of animal material (in percent) of the finished product production capacity

Packaging shall not be included in the final weight of the product.

This subsection shall not apply where the raw material is milk only.

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

6.5.   Disposal or recycling of animal carcases or animal waste with a treatment capacity exceeding 10 tonnes per day

6.6   Intensive rearing of poultry or pigs with more than:

(a)   40000 places for poultry

(b)   2 000 places for production pigs (over 30 kg), or

(c)   750 places for sows

In cases of other poultry species than referred in point (a) or different types of species referred in points (a), (b) and (c) reared on the same installation, the threshold shall be calculated on the basis of equivalent nitrogen excretion factors compared to the thresholds set above. The Commission shall establish guidance on the calculation of the thresholds and the determination of equivalent nitrogen excretion factors.

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

6.8   Production of carbon (hard-burnt coal) or electrographite by means of incineration or graphitisation .

6.9   Preservation of wood and wood products with a production capacity exceeding 50 m 3 per day.

6.10   Off-site treatment of waste water not covered by ║Directive 91/271/EEC ║ and discharged by an installation covered by Chapter I.

ANNEX II

 List of polluting substances  

AIR

1.   Sulphur dioxide and other sulphur compounds

2.   Oxides of nitrogen and other nitrogen compounds

3.   Carbon monoxide

4.   Volatile organic compounds

5.   Metals and their compounds

6.   Dust including fine particulate matter 

7.   Asbestos (suspended particulates, fibres)

8.   Chlorine and its compounds

9.   Fluorine and its compounds

10.   Arsenic and its compounds

11.   Cyanides

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

13.   Polychlorinated dibenzodioxins and polychlorinated dibenzofurans

WATER

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

2.   Organophosphorus compounds

3.   Organotin compounds

4.   Substances and preparations which have been proved to possess carcinogenic or mutagenic properties or properties which may affect reproduction in or via the aquatic environment

5.   Persistent hydrocarbons and persistent and bioaccumulable organic toxic substances

6.   Cyanides

7.   Metals and their compounds

8.   Arsenic and its compounds

9.   Biocides and plant health products

10.   Materials in suspension

11.   Substances which contribute to eutrophication (in particular, nitrates and phosphates)

12.   Substances which have an unfavourable influence on the oxygen balance (and can be measured using parameters such as BOD, COD, etc.).

13.   Substances listed in Annex X of Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy(48) .

ANNEX III 

Criteria for determining best available techniques 

1.   the use of low-waste technology;

2.   the use of less hazardous substances;

3.   the furthering of recovery and recycling of substances generated and used in the process and of waste, where appropriate;

4.   comparable processes, facilities or methods of operation which have been tried with success on an industrial scale;

5.   technological advances and changes in scientific knowledge and understanding;

6.   the nature, effects and volume of the emissions concerned;

7.   the commissioning dates for new or existing installations;

8.   the length of time needed to introduce the best available technique;

9.   the consumption and nature of raw materials (including water) used in the process and energy efficiency;

10.   the need to prevent or reduce to a minimum the overall impact of the emissions on the environment and the risks to it;

11.   the need to prevent accidents and to minimise the consequences for the environment;

ANNEX IV

Public participation in decision-making

1.  The public shall be informed (by public notices or other appropriate means such as electronic media where available) of the following matters early in the procedure for the taking of a decision or, at the latest, as soon as the information can reasonably be provided:

   a) the application for a permit or, as the case may be, the proposal for the updating of a permit or of permit conditions in accordance with Article 22, including the description of the elements listed in Article 13(1);
   b) the development of new or updated general binding rules in accordance with Article 18, including the proposed requirements of the rules and a non-technical summary of the legal and administrative framework within which the rules will be applied;
   c) where applicable, the fact that a decision is subject to a national or transboundary environmental impact assessment or to consultations between Member States in accordance with Article 28;
   d) details of the competent authority responsible for taking the decision, those from which relevant information can be obtained, those to which comments or questions can be submitted, and details of the time schedule for transmitting comments or questions;
   e) the nature of possible decisions or, where there is one, the draft decision;
   f) where applicable, the details relating to a proposal for the updating of a permit or of permit conditions;
   g) an indication of the times and places where, or means by which, the relevant information will be made available;
   h) details of the arrangements for public participation and consultation made pursuant to point 5.

2.  Member States shall ensure that, within appropriate time-frames, the following is made available to the public concerned:

   a) in accordance with national legislation, the main reports and advice issued to the competent authority or authorities at the time when the public concerned were informed in accordance with point 1;
   b) in accordance with the provisions of Directive 2003/4/EC, information other than that referred to in point 1 which is relevant for the decision in accordance with Article 6 and which only becomes available after the time the public concerned was informed in accordance with point 1.

3.   The public concerned shall be entitled to express comments and opinions to the competent authority before a decision is taken.

4.   The results of the consultations held pursuant to this Annex must be taken into due account in the taking of a decision.

5.   The detailed arrangements for informing the public (for example by bill posting within a certain radius or publication in local newspapers) and consulting the public concerned (for example by written submissions or by way of a public inquiry) shall be determined by the Member States. Reasonable time-frames for the different phases shall be provided, allowing sufficient time for informing the public and for the public concerned to prepare and participate effectively in environmental decision-making subject to the provisions of this Annex.

ANNEX V

 Technical provisions relating to combustion plants 

Part 1

Emission limit values for combustion plants referred to in Article 32(2)  

 1.   All emission limit values shall be calculated at a temperature of 273,15 K, a pressure of 101,3 kPa and after correction for the water vapour content of the waste gases and at a standardised O2 content of 6 % for solid fuels, 3 % for boilers using liquid and gaseous fuels and 15 % for gas turbines and gas engines.

In case of combined cycle gas turbines (CCGT) with supplementary firing, the standardised O2 content may be defined by the competent authority, taking into account the specific characteristics of the installation concerned.

2.   Emission limit values (mg/Nm3) for SO2 for boilers using solid or liquid fuels 

Rated thermal input (MWth)

Coal and lignite

Biomass

Peat

Liquid fuels

 50-100 

 400 

200

 300 

 350 

 100-300 

 250 

200

 300 

 250 

 > 300 

 200 

200

 200 

 200 

Combustion plants with a rated thermal input of less than 500 MW using liquid fuels which were granted a permit before 27 November 2002, and which do not operate more than 1500 hours per year (rolling average over a period of five years), shall be subject to an emission limit value for SO2 of 800 mg/Nm3.

3.   Emission limit values (mg/Nm3) for SO2  for boilers using gaseous fuels

In general

35

Liquefied gas

5

Low calorific gases from coke oven

400

Low calorific gases from blast furnace

200

4. Emission limit values (mg/Nm3) for NOx for boilers using solid or liquid fuels

Rated thermal input (MWth)

Coal and lignite

Biomass and peat

Liquid fuels

50-100

300

450 in case of pulverised lignite combustion

300

450

100-300

200

250

200

> 300

200

200

150

║Combustion plants using solid or liquid fuels and with a rated thermal input not exceeding 500 MW which were granted a permit before 27 November 2002 and which do not operate more than 1500 hours per year ( as a rolling average over a period of five years) , shall be subject to an emission limit value for NOx of 450 mg/Nm3.

Combustion plants using solid or liquid fuels and with a rated thermal input of 500 MW or more, which were granted a permit before 1 July 1987 and which do not operate more than 1500 hours per year as a rolling average over a period of five years, shall be subject to an emission limit value for NOx of 450 mg/Nm3.

5.   Emission limit values (mg/Nm3) for NOx  and CO for gas fired combustion plants

 NOx 

 CO 

 Gas fired boilers 

 100(5)  

 100 

 Gas turbines (including CCGT), using natural gas(1) as fuel 

 50(2)(3)

 100 

 Gas turbines (including CCGT), using other than natural gas as fuel(4)

 90 

 100 

 Gas engines 

 100 

 100 

Notes:

(1)   Natural gas is naturally occurring methane with not more than 20 % (by volume) of inerts and other constituents.

(2)  75 mg/Nm3 in the following cases, where the efficiency of the gas turbine is determined at ISO base load conditions:

   i) gas turbines, used in combined heat and power systems having an overall efficiency greater than 75 %;
   ii) gas turbines used in combined cycle plants having an annual average overall electrical efficiency greater than 55 %;
   iii) gas turbines for mechanical drives.

(3)   For single cycle gas turbines not falling into any of the categories mentioned under note (2), but having an efficiency greater than 35 % - determined at ISO base load conditions - the emission limit value  for NOx  shall be 50xη/35 where η is the gas turbine efficiency  at ISO base load conditions  expressed as a percentage.

(4)   These emission limit  values also apply to gas turbines using light and middle distillates as liquid fuels.

For gas turbines   (including CCGT) ,  the NOx and CO emission limit values set out in the table contained in this point apply only above 70 % load.

Gas turbines or gas engines for emergency use that operate less than 500 hours per year are not covered by the emission limit values set out in this point. The operator of such plants shall record the used operating time.

(5)    For plants, as referred to in Article 4(1) and 4(3) of Directive 2001/80/EC, for the use of blast furnace gas and / or coke oven gas, for nitrogen dioxide and nitrogen monoxide, measured as nitrogen dioxide, an emission limit value of 135 mg/Nm³ shall apply.

6.   Emission limit values (mg/Nm3) for dust for boilers using solid or liquid fuels

Rated thermal input (MWth)

Coal and lignite

Biomass and peat

Liquid fuels

50-100

30

30

30

100-300

25

20

25

> 300

20

20

20

 7. Emission limit values (mg/Nm3) for dust for boilers using gaseous fuels

 In general 

5

Blast furnace gas

10

Gases produced by the steel industry which can be used elsewhere

30

Part 2

 Emission limit values for combustion plants referred to in Article 32(3)  

1.   All emission limit values shall be calculated at a temperature of 273,15 K, a pressure of 101,3 kPa and after correction for the water vapour content of the waste gases and at a standardised O2 content of 6 % for solid fuels, 3 % for boilers using liquid and gaseous fuels and 15% for gas turbines and gas engines.

In case of combined cycle gas turbines with supplementary firing, the standardised O2 content may be defined by the competent authority, taking into account the specific characteristics of the installation concerned.

2.   Emission limit values (mg/Nm3) for SO2 for boilers using solid or liquid fuels

Rated thermal input (MWth)

Coal and lignite

Biomass

Peat

Liquid fuels

 50-100 

 400

200

 300 

 350 

 100-300 

 200 

200

 300

250 in case of fluidised bed combustion 

 200 

 > 300 

 150

200 in case of circulating or pressurised fluidised bed combustion 

 150 

 150 

200 in case of fluidised bed combustion 

 150 

Emission limit values (mg/Nm3) for SO2 for boilers using gaseous fuels 

 In general 

35

Liquefied gas

5

Low calorific gases from coke oven

400

Low calorific gases from blast furnace

200

 4. Emission limit values (mg/Nm3) for NOx for boilers using solid or liquid fuels 

 Rated thermal input (MWth) 

 Coal and lignite 

 Biomass and peat 

 Liquid fuels 

 50-100 

 300 

 400 in case of pulverised lignite combustion 

 250 

 300 

 100-300 

 200 

 200 

 150 

 > 300 

 150

200 in case of pulverised lignite combustion 

 150 

 100 

5.   Emission limit values (mg/Nm3) for NOx and CO for gas fired combustion plants 

 NOx 

 CO 

 Gas fired boilers 

 100 

 100 

 Gas turbines (including CCGT)(1) 

 50(2) 

 100 

 Gas engines 

 75 

 100 

Notes

(1)   For gas turbines using light and middle distillates as liquid fuels, the emission limit values for NOx and for CO set out in this point also apply. 

(2)   For single cycle gas turbines having an efficiency greater than 35 % - determined at ISO base load conditions - the emission limit value for NOx shall be 50xη/35 where η is the gas turbine efficiency at ISO base load conditions expressed as a percentage.

For gas turbines   (including CCGT), the NOx and CO emission limit values set out in this point apply only above 70 % load.

Gas turbines or gas engines for emergency use that operate less than 500 hours per year are not covered by the emission limit values set out in this point. The operator of such plants shall record the used operating time.

6.   Emission limit values (mg/Nm3) for dust for boilers using solid or liquid fuels 

Rated thermal input (MWth)

50- 300

20

> 300

10

20 for biomass and peat

 7.   Emission limit values (mg/Nm3) for dust for boilers using gaseous fuels 

In general 

5

Blast furnace gas

10

Gases produced by the steel industry which can be used elsewhere

30

Part 3

 Emission monitoring 

1.   The concentrations of SO2, NOx, CO and dust in waste gases from each combustion plant with a rated thermal input of 100 MW or more shall be measured continuously.

2.  The competent authority may decide not to require the continuous measurements referred to in point 1 in the following cases:

   a) for combustion plants with a life span of less than 10 000 operational hours;
   b) for SO2 and dust from combustion plants firing natural gas;
   c) for SO2 from combustion plants firing oil with known sulphur content in cases where there is no waste gas desulphurisation equipment;
   d) for SO2 from combustion plants firing biomass if the operator can prove that the SO2 emissions can under no circumstances be higher than the prescribed emission limit values.

3.   Where continuous measurements are not required, measurements of SO2, NOx, dust and, for gas fired plants, also for CO shall be required at least once per six months.

4.   For combustion plants firing coal or lignite, the emissions of total mercury shall be measured at least once per year.

As an alternative to the measurements of SO2 and NOx referred to in point 3, other procedures, verified and approved by the competent authority, may be used to determine the SO2 and NOx emissions. Such procedures shall use relevant CEN standards or, if CEN standards are not available, ISO standards, national or international standards which will ensure the provision of data of an equivalent scientific quality.

6.   The competent authority shall be informed of significant changes in the type of fuel used or in the mode of operation of the plant. The competent authority shall decide whether the monitoring requirements laid down in points 1 to 4 are still adequate or require adaptation.

7.   The continuous measurements carried out in accordance with point 1 shall include the measurement of the oxygen content, temperature, pressure and water vapour content of the waste gases. The continuous measurement of the water vapour content of the waste gases shall not be necessary, provided that the sampled waste gas is dried before the emissions are analysed.

8.   Sampling and analysis of relevant polluting substances and measurements of process parameters as well as the quality assurance of automated measuring systems and the reference measurement methods to calibrate those systems shall be carried out in accordance with CEN standards. If CEN standards are not available, ISO standards, national or international standards which will ensure the provision of data of an equivalent scientific quality shall apply.

The automated measuring systems shall be subject to control by means of parallel measurements with the reference methods at least once per year.

Theoperator shall inform the competent authority about the results of the checking of the automated measuring systems.

9.   At the emission limit value level, the values of the 95 % confidence intervals of a single measured result shall not exceed the following percentages of the emission limit values:

 Carbon monoxide 

 10 % 

Sulphur dioxide

20 %

Nitrogen oxides

20 %

Dust

30 %

10.   The validated hourly and daily average values shall be determined from the measured valid hourly average values after having subtracted the value of the confidence interval specified in point 9.

Any day in which more than three hourly average values are invalid due to malfunction or maintenance of the automated measuring system shall be invalidated. If more than ten days over a year are invalidated for such situations the competent authority shall require the operator to take adequate measures to improve the reliability of the automated measuring system.

Part 4

 Assessment of compliance with the emission limit values 

1.  In the case of continuous measurements, the emission limit values set out in Parts 1 and 2 shall be regarded as having been complied with if the evaluation of the measurement results indicates, for operating hours within a calendar year, that all of the following conditions have been met:

   a) no validated daily average value exceeds the relevant emission limit values set out in Parts 1 and 2;

(b)    95 % of all the validated hourly average values over the year do not exceed 200 % of the relevant emission limit values set out in Parts 1 and 2.

2.   Where continuous measurements are not required, the emission limit values set out in Parts 1 and 2 shall be regarded as having been complied with if the results of each of the series of measurements or of the other procedures defined and determined according to the rules laid down by the competent authorities do not exceed the emission limit values.

ANNEX VI

 Technical provisions relating to waste incineration plants and waste co-incineration plants 

Part 1

Definitions

For the purpose of this Annex the following definitions shall apply:

  a) "existing waste incineration plant' means one of the following waste incineration plants:
   i) which was in operation and had a permit in accordance with applicable Community legislation before 28 December 2002,
   ii) which was authorised or registered for waste incineration and had a permit issued before 28 December 2002 in accordance with applicable Community legislation, provided that the plant was put into operation not later than 28 December 2003,
   iii) which, in the view of the competent authority, was the subject of a full request for authorisation, before 28 December 2002, provided that the plant was put into operation not later than 28 December 2004;
   b) "new waste incineration plant' means any waste incineration plant not covered by point (a).

Part 2

Equivalence factors for dibenzo-p-dioxins and dibenzofurans

For the determination of the total concentration of dioxins and furans, the mass concentrations of the following dibenzo-p-dioxins and dibenzofurans shall be multiplied by the following equivalence factors before summing:

Toxic equivalence factor

2,3,7,8 ‐ Tetrachlorodibenzodioxin (TCDD)

1

1,2,3,7,8 ‐ Pentachlorodibenzodioxin (PeCDD)

0,5

1,2,3,4,7,8 ‐ Hexachlorodibenzodioxin (HxCDD)

0,1

1,2,3,6,7,8 ‐ Hexachlorodibenzodioxin (HxCDD)

0,1

1,2,3,7,8,9 ‐ Hexachlorodibenzodioxin (HxCDD)

0,1

1,2,3,4,6,7,8 ‐ Heptachlorodibenzodioxin (HpCDD)

0,01

Octachlorodibenzodioxin (OCDD)

0,001

2,3,7,8 ‐ Tetrachlorodibenzofuran (TCDF)

0,1

2,3,4,7,8 ‐ Pentachlorodibenzofuran (PeCDF)

0,5

1,2,3,7,8 ‐ Pentachlorodibenzofuran (PeCDF)

0,05

1,2,3,4,7,8 ‐ Hexachlorodibenzofuran (HxCDF)

0,1

1,2,3,6,7,8 ‐ Hexachlorodibenzofuran (HxCDF)

0,1

1,2,3,7,8,9 ‐ Hexachlorodibenzofuran (HxCDF)

0,1

2,3,4,6,7,8 ‐ Hexachlorodibenzofuran (HxCDF)

0,1

1,2,3,4,6,7,8 ‐ Heptachlorodibenzofuran (HpCDF)

0,01

1,2,3,4,7,8,9 ‐ Heptachlorodibenzofuran (HpCDF)

0,01

Octachlorodibenzofuran (OCDF)

0,001

Part 3

 Air emission limit values for waste incineration plants 

1.   All emission limit values shall be calculated at a temperature of 273,15 K, a pressure of 101,3 kPa and after correcting for the water vapour content of the waste gases. 

They are standardised at 11 % oxygen in waste gas except in case of incineration of mineral waste oil as defined in Article 3(3) of Directive 2008/98/EC , when they are standardised at 3 % oxygen, and in the cases referred to in Point 2.7 of Part 6 .

1.1   Daily average emission limit values for the following polluting substances (mg/Nm³)  

Total dust

10 

Gaseous and vaporous organic substances, expressed as total organic carbon  (TOC) 

10 

Hydrogen chloride (HCl)

10 

Hydrogen fluoride (HF)

Sulphur dioxide (SO2)

50 

Nitrogen monoxide (NO) and nitrogen dioxide (NO2), expressed as  NO2  for existing  waste  incineration plants with a nominal capacity exceeding 6 tonnes per hour or new  waste  incineration plants

200 

Nitrogen monoxide (NO) and nitrogen dioxide (NO2), expressed as  NO2 for existing  waste  incineration plants with a nominal capacity of 6 tonnes per hour or less

400 

1.2   Half-hourly average emission limit values for the following polluting substances (mg/Nm³)  

(100 %) A

(97 %) B

Total dust

30 

10 

Gaseous and vaporous organic substances, expressed as total organic carbon  (TOC) 

20 

10 

Hydrogen chloride (HCl)

60 

10 

Hydrogen fluoride (HF)

Sulphur dioxide (SO2)

200 

50 

Nitrogen monoxide (NO) and nitrogen dioxide (NO2), expressed as  NO2  for existing  waste  incineration plants with a nominal capacity exceeding 6 tonnes per hour or new  waste  incineration plants

400 

200 

1.3   Average  emission limit  values  (mg/Nm³) for the following heavy metals  over  a sampling  period of a minimum of 30 minutes and a maximum of 8 hours

Cadmium and its compounds, expressed as cadmium (Cd)

Total: 0,05 

Thallium and its compounds, expressed as thallium (Tl)

Mercury and its compounds, expressed as mercury (Hg)

0,05 

Antimony and its compounds, expressed as antimony (Sb)

Total: 0,5 

Arsenic and its compounds, expressed as arsenic (As)

Lead and its compounds, expressed as lead (Pb)

Chromium and its compounds, expressed as chromium (Cr)

Cobalt and its compounds, expressed as cobalt (Co)

Copper and its compounds, expressed as copper (Cu)

Manganese and its compounds, expressed as manganese (Mn)

Nickel and its compounds, expressed as nickel (Ni)

Vanadium and its compounds, expressed as vanadium (V)

These average values cover also the gaseous and the vapour forms of the relevant heavy metal emissions as well as their compounds.

1.4   Average emission limit value (ng/Nm³) for dioxins and furans over a sampling period of a minimum of 6 hours and a maximum of 8 hours. The emission limit value refers to the total concentration of dioxins and furans calculated in accordance with Part 2.

Dioxins and furans

0,1 

1.5   Emission limit values (mg/Nm³) for carbon monoxide (CO) in the waste gases:

(a)   50 as daily average value;

(b)   100 as half-hourly average value.

(c)   150 as 10-minute average value.

The competent authority may authorise exemptions from the emission limit values set out in this point for waste incineration plants using fluidised bed technology, provided that the permit sets an emission limit value for carbon monoxide (CO) of not more than 100 mg/Nm3  as an hourly average value.

2.   Emission limit values applicable in the circumstances described in Articles 40 (5) and 41

The total dust concentration in the emissions into the air of a waste incineration plant shall under no circumstances exceed 150 mg/Nm3 expressed as a half-hourly average. The air emission limit values for TOC and CO set out in points 1.2 and 1.5(b) shall not be exceeded.

3.   Member States may lay down rules governing the exemptions provided for in this Annex.

Part 4

Determination of air emission limit values for the co-incineration of waste

1.   The following formula (mixing rule) shall be applied whenever a specific total emission limit value "C" has not been set out in a table in this Part.

The emission limit value for each relevant polluting substance and CO in the waste gas resulting from the co-incineration of waste shall be calculated as follows:

 p0000001.fig  

Vwaste

:

waste gas volume resulting from the incineration of waste only determined from the waste with the lowest calorific value specified in the permit and standardised at the conditions given by this Directive.

If the resulting heat release from the incineration of hazardous waste amounts to less than 10 % of the total heat released in the plant, Vwaste must be calculated from a (notional) quantity of waste that, being incinerated, would equal 10 % heat release, the total heat release being fixed.

Cwaste

:

emission limit values for waste incineration plants set out in Part 3

Vproc

:

waste gas volume resulting from the plant process including the combustion of the authorised fuels normally used in the plant (wastes excluded) determined on the basis of oxygen contents at which the emissions must be standardised as set out in Community or national  legislation . In the absence of legislation for this kind of plant, the real oxygen content in the waste gas without being thinned by addition of air unnecessary for the process must be used.

Cproc

:

emission limit values as set out in this Part for certain industrial activities or in case of the absence of such values, emission limit values of plants which comply with the national laws, regulations and administrative provisions for such plants while burning the normally authorised fuels (wastes excluded). In the absence of these measures the emission limit values set out in the permit are used. In the absence of such permit values the real mass concentrations are used.

C

:

total emission limit values at an oxygen content as set out in this Part for certain industrial activities and certain polluting substances or, in case of the absence of such values, total emission limit values replacing the emission limit values as set out in specific Annexes of this Directive. The total oxygen content to replace the oxygen content for the standardisation is calculated on the basis of the content above respecting the partial volumes.

All emission limit values shall be calculated at a temperature of 273,15 K, a pressure of 101,3 kPa and after correcting for the water vapour content of the waste gases. 

Member States may lay down rules governing the exemptions provided for in this Part.

2.   Special provisions for cement kilns co-incinerating waste

2.1   The emission limit values set out in points 2.2 and 2.3 apply as daily average values for total dust, HCI, HF, NOx, SO2 and TOC (for continuous measurements), as average values over the sampling period of a minimum of 30 minutes and a maximum of 8 hours for heavy metals and as average values over the sampling period of a minimum of 6 hours and a maximum of 8 hours for dioxins and furans. 

All values are standardised at 10 % oxygen.

Half-hourly average values shall only be needed in view of calculating the daily average values.

2.2   C - total emission limit values (mg/Nm3 except for dioxins and furans) for the following polluting substances

 Polluting substance

C

Total dust

30

HCl

10

HF

1

NOx

 500  

Cd + Tl

0,05

Hg

0,05

Sb + As + Pb + Cr + Co + Cu + Mn + Ni + V

0,5

Dioxins and furans  (ng/Nm³) 

0,1

2.3   C - total emission limit values (mg/Nm³) for SO2 and TOC

Pollutant

C

SO2

50

TOC

10

The competent authority may grant derogations for emission limit values set out in this point in cases where TOC and SO2 do not result from the incineration of waste.

3.   Special provisions for combustion plants co-incinerating waste

3.1.   Cproc expressed as  daily average values  (mg/Nm³) valid until 31 December 2015 

For determining the rated thermal input of the combustion plants, the aggregation rules as defined in Article 31 shall apply. 

Half-hourly average values shall only be needed in view of calculating the daily average values.

Cproc for solid fuels with the exception of biomass (O2 content 6 %):

 Polluting substances

< 50 MWth

50-100 MWth

100 to 300 MWth

> 300 MWth

SO2

-

 850 

 200 

 200 

NOx

-

400

 200 

200

Dust

50

50

30

30

Cproc for biomass (O2 content 6 %):

Polluting substances

<50 MWth

50 to 100 MWth

100 to 300 MWth

>300 MWth

SO2

-

200

200

200

NOx

-

350

300

 200 

Dust

50

50

30

30

Cproc for liquid fuels (O2 content 3 %):

Polluting substances

<50 MWth

50 to 100 MWth

100 to 300 MWth

>300 MWth

SO2

-

850

 400  to 200

(linear decrease from 100 to 300 MWth)

200

NOx

-

400

 200 

200

Dust

50

50

30

30

3.2   Cproc expressed as daily average values (mg/Nm³) valid from 1 January 2016 on

For determining the rated thermal input of the combustion plants, the aggregation rules as defined in Article 31 shall apply. Half-hourly average values shall only be needed in view of calculating the daily average values.

3.2.1   Cproc for combustion plants referred to in Article 32 (2)

Cproc for solid fuels with the exception of biomass (O2 content 6 %):

Polluting substance

< 50 MWth

50-100 MWth

100 to 300 MWth

> 300 MWth

SO2

-

400

for peat: 300

200

200

NOx

-

300

for pulverised lignite: 400

200

200

Dust

50

30

25

for peat: 20

20

Cproc for biomass (O2 content 6 %):

Polluting substance

< 50 MWth

50 to 100 MWth

100 to 300 MWth

> 300 MWth

SO2

-

200

200

200

NOx

-

300

250

200

Dust

50

30

20

20

Cproc for liquid fuels (O2 content 3 %):

Polluting substance

< 50 MWth

50 to 100 MWth

100 to 300 MWth

> 300 MWth

SO2

-

350

250

200

NOx

-

400

200

150

Dust

50

30

25

20

3.2.2   Cproc for combustion plants referred to in Article 32 (3)

Cproc for solid fuels with the exception of biomass (O2 content 6 %):

Polluting substance

< 50 MWth

50-100 MWth

100 to 300 MWth

> 300 MWth

SO2

-

400

for peat: 300

200

for peat: 300, except in the case of fluidised bed combustion: 250

150

for circulating or pressurised fluidised bed combustion or, in case of peat firing, for all fluidised bed combustion: 200

NOx

-

300

for peat: 250

200

150

for pulverised lignite combustion: 200

Dust

50

20

20

10

for peat: 20

Cproc for biomass (O2 content 6 %):

Polluting substance

< 50 MWth

50 to 100 MWth

100 to 300 MWth

> 300 MWth

SO2

-

200

200

150

for fluidised bed combustion: 200

NOx

-

250

200

150

Dust

50

20

20

20

Cproc for liquid fuels (O2 content 3 %):

Polluting substance

< 50 MWth

50 to 100 MWth

100 to 300 MWth

> 300 MWth

SO2

-

350

200

150

NOx

-

300

150

100

Dust

50

30

25

20

3.3.   C ‐ total emission limit values  for heavy metals (mg/Nm3)

expressed  as  average values over the  sampling  period of a minimum of 30 minutes and a maximum of 8 hours  (O2 content 6 % for solid fuels and 3 % for liquid fuels) .

 Polluting substances

C

Cd + Tl

0,05

Hg

0,05

Sb + As + Pb + Cr + Co + Cu + Mn + Ni + V

0,5

 3.4   C - total emission limit value (ng/Nm3)

for dioxins and furans expressed as average value measured over the  sampling  period of a minimum of 6 hours and a maximum of 8 hours  (O2 content 6 % for solid fuels and 3 % for liquid fuels). 

 Polluting substance

C

Dioxins and furans

0,1

4.   Special provisions for  co-incineration plants in  industrial sectors not covered under Points 2 and 3 of this Part

4.1.   C ‐ total emission limit value (ng/Nm3)

for dioxins and furans expressed as average value measured over the sampling period of a minimum of 6 hours and a maximum of 8 hours:

 Polluting substance

C

Dioxins and furans

0,1

4.2   C – total emission limit values (mg/Nm3)

for heavy metals expressed as average values over the sampling period of a minimum of 30 minutes and a maximum of 8 hours:

 Polluting substances

C

Cd + Tl

0,05

Hg

0,05

Part 5

Emission limit values for discharges of waste water from the cleaning of waste gases

Polluting substances

Emission limit values for unfiltered samples  (mg/l except for dioxins and furans) 

1. Total suspended solids as defined in Annex I of Directive 91/271/EEC

(95 %)

30

(100 %)

45

2. Mercury and its compounds, expressed as mercury (Hg)

0,03 

3. Cadmium and its compounds, expressed as cadmium (Cd)

0,05 

4. Thallium and its compounds, expressed as thallium (Tl)

0,05 

5. Arsenic and its compounds, expressed as arsenic (As)

0,15 

6. Lead and its compounds, expressed as lead (Pb)

0,2 

7. Chromium and its compounds, expressed as chromium (Cr)

0,5 

8. Copper and its compounds, expressed as copper (Cu)

0,5 

9. Nickel and its compounds, expressed as nickel (Ni)

0,5 

10. Zinc and its compounds, expressed as zinc (Zn)

1,5 

11. Dioxins and furans

0,3 ng/l 

Part 6  

Monitoring of emissions 

1.   Measurement techniques

1.1   Measurements for the determination of concentrations of air and water polluting substances shall be carried out representatively.

1.2   Sampling and analysis of all polluting substances including dioxins and furans as well as the quality assurance of automated measuring systems and the reference measurement methods to calibrate them shall be carried out according to CEN-standards. If CEN standards are not available, ISO standards, national or international standards which will ensure the provision of data of an equivalent scientific quality shall apply.  Automated measuring systems shall be subject to control by means of parallel measurements with the reference methods at least once per year. 

1.3   At the daily emission limit value level, the values of the 95 % confidence intervals of a single measured result shall not exceed the following percentages of the emission limit values:

Carbon monoxide:

10 %

Sulphur dioxide:

20 %

Nitrogen dioxide:

20 %

Total dust:

30 %

Total organic carbon:

30 %

Hydrogen chloride:

40 %

Hydrogen fluoride:

40 %.

Periodic measurements of the emissions into the air and water shall be carried out in accordance with points 1.1 and 1.2.

2.   Measurements relating to air polluting substances 

2.1  The following measurements relating to air polluting substances shall be carried out:

   a) continuous measurements of the following substances: NOx, provided that emission limit values are set, CO, total dust, TOC, HCl, HF, SO2;
   b) continuous measurements of the following process operation parameters: temperature near the inner wall or at another representative point of the combustion chamber as authorised by the competent authority, concentration of oxygen, pressure, temperature and water vapour content of the waste gas;
   c) at least two measurements per year of heavy metals, dioxins and furans; one measurement at least every three months shall however be carried out for the first 12 months of operation.

2.2.   The residence time as well as the minimum temperature and the oxygen content of the waste gases shall be subject to appropriate verification, at least once when the waste incineration plant or waste co-incineration plant is brought into service and under the most unfavourable operating conditions anticipated.

2.3.   The continuous measurement of HF may be omitted if treatment stages for HCl are used which ensure that the emission limit value for HCl is not being exceeded. In that case the emissions of HF shall be subject to periodic measurements as laid down in point 2.1(c).

2.4.   The continuous measurement of the water vapour content shall not be required if the sampled waste gas is dried before the emissions are analysed.

2.5.   The competent authority may decide not to require continuous measurements for HCI, HF and SO2 in waste incineration plants or waste co-incineration plants and require periodic measurements as set out in point 2.1(c) ▌if the operator can prove that the emissions of those pollutants can under no circumstances be higher than the prescribed emission limit values. This derogation shall not be applied in cases of burning mixed waste from different sources.

▌ 

2.6.  The competent authority may decide to require only one measurement per year ▌for heavy metals and for dioxins and furans in the following cases:

   a) the emissions resulting from co-incineration or incineration of waste are under all circumstances below 50 % of the emission limit values;
   b) the waste to be co-incinerated or incinerated consists only of certain sorted combustible fractions of non-hazardous waste not suitable for recycling and presenting certain characteristics, and which is further specified on the basis of the assessment referred to in point (c);
   c) the operator can prove on the basis of  information on the quality of the waste concerned and the monitoring of the emissions that the emissions are under all circumstances significantly below the emission limit values for heavy metals, dioxins and furans; 
   d) the operator can prove that neither electric nor electronic waste, nor waste containing chlorinated compounds is being treated.

2.7.   The results of the measurements shall be standardised using the standard oxygen concentrations mentioned in Part 3 or calculated according to Part 4 and by applying the formula given in Part 7. 

When waste is incinerated or co-incinerated in an oxygen-enriched atmosphere, the results of the measurements can be standardised at an oxygen content laid down by the competent authority reflecting the special circumstances of the individual case.

When the emissions of polluting substances are reduced by waste gas treatment in a waste incineration plant or waste co-incineration plant treating hazardous waste, the standardisation with respect to the oxygen contents provided for in the first subparagraph shall be done only if the oxygen content measured over the same period as for the polluting substance concerned exceeds the relevant standard oxygen content.

3.   Measurements relating to water polluting substances 

3.1.  The following measurements shall be carried out at the point of waste water discharge:

   a) continuous measurements of  pH, temperature and flow;
   b) spot sample daily measurements of total suspended solids  or measurements of a flow proportional representative sample over a period of 24 hours;
   c) at least monthly measurements of a flow proportional representative sample of the discharge over a period of 24 hours of Hg, Cd, TI, As, Pb, Cr, Ni and Zn; 
   d) at least every six months measurements of dioxins and furans; however one measurement at least every three months shall be carried out for the first 12 months of operation.

3.2.  Where the waste water from the cleaning of waste gases is treated on site collectively with other on-site sources of waste water, the operator shall take the measurements:

   a) on the waste water stream from the waste gas cleaning processes prior to its input into the collective waste water treatment plant;
   b) on the other waste water stream or streams prior to its or their input into the collective waste water treatment plant;
   c) at the point of final waste water discharge, after the treatment, from the  waste  incineration plant or  waste  co-incineration plant.

Part 7

Formula to calculate the emission concentration at the standard percentage oxygen concentration

p0000003.fig

ES

=

calculated emission concentration at the standard percentage oxygen concentration

EM

=

measured emission concentration

OS

=

standard oxygen concentration

OM

=

measured oxygen concentration

Part 8

 Assessment of compliance with emission limit values 

1.   Air emission limit values 

1.1.  The emission limit values for air shall be regarded as being complied with if: 

   a) none of the daily average values exceeds any of the emission limit values set out in point 1.1 of Part 3 or in Part 4  or calculated in accordance with Part 4;
   b) either none of the half-hourly average values exceeds any of the emission limit values set out in, column A of the table under point 1.2 of Part 3 or, where relevant, 97 % of the half-hourly average values over the year do not exceed any of the emission limit values set out in, column B of the table under point 1.2 of Part 3;
   c) none of the average values over the  sampling  period set out for heavy metals and dioxins and furans exceeds the emission limit values set out in points 1.3 and 1.4 of Part 3 or in Part 4 or calculated in accordance with Part 4;
   d) for carbon monoxide (CO):
   i) in case of waste incineration plants: 
   at least 97 % of the daily average values over the year do not exceed the emission limit value set out in point 1.5(a) of Part 3; 
and 
   at least 95 % of all 10-minute average values taken in any 24-hour period or all of the half-hourly average values taken in the same period do not exceed the emission limit values set out in points 1.5(b) and (c) of Part 3 
   ii) in case of waste co-incineration plants: the provisions of Part 4 are met. 

1.2.   The half-hourly average values and the 10-minute averages shall be determined within the effective operating time (excluding the start-up and shut- down periods if no waste is being incinerated) from the measured values after having subtracted the value of the confidence interval specified in point 1.3 of Part 6. The daily average values shall be determined from those validated average values.

To obtain a valid daily average value no more than five half-hourly average values in any day shall be discarded due to malfunction or maintenance of the continuous measurement system. No more than ten daily average values per year shall be discarded due to malfunction or maintenance of the continuous measurement system.

1.3.   The average values over the sampling period and the average values in the case of periodical measurements of HF, HCl and SO2 shall be determined in accordance with the requirements of Articles 39 (1)(e) and 42 (3) and point 1 of Part 6.

2.   Water emission limit values. 

The emission limit values for water shall be regarded as being complied with if:

   a) for total suspended solids 95 % and 100 % of the measured values do not exceed the respective emission limit values as set out in Part 5;
   b) for heavy metals (Hg, Cd, TI, As, Pb, Cr, Cu, Ni and Zn) no more than one measurement per year exceeds the emission limit values set out in Part 5; or, if the Member State provides for more than 20 samples per year, no more than 5% of these samples exceed the emission limit values set out in Part 5;
   c) for dioxins and furans, the measurement results do not exceed the emission limit value set out in Part 5.

ANNEX VII

Part 1 

Activities 

1.   In each of the following points, the activity includes the cleaning of the equipment but not the cleaning of products unless specified otherwise.

2.   Adhesive coating

Any activity in which an adhesive is applied to a surface, with the exception of adhesive coating and laminating associated with printing activities.

3.   Coating activity

Any activity in which a single or multiple application of a continuous film of a coating is applied to:

  a) either of the following vehicles:
   i) new cars, defined as vehicles of category M1 in Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (Framework Directive) (49) and of category N1 in so far as they are coated at the same installation as M1 vehicles║;
   ii) truck cabins, defined as the housing for the driver, and all integrated housing for the technical equipment, of vehicles of categories N2 and N3 in Directive 2007/46/EC ;
   iii) vans and trucks, defined as vehicles of categories N1, N2 and N3 in Directive 2007/46/EC , but not including truck cabins;
   iv) buses, defined as vehicles of categories M2 and M3 in Directive 2007/46/EC ;
   v) trailers, defined in categories O1, O2, O3 and O4 in Directive 2007/46/EC ;
   b) metallic and plastic surfaces including surfaces of airplanes, ships, trains, etc.;
   c) wooden surfaces;
   d) textile, fabric, film and paper surfaces;
   e) leather.

Coating activities do not include the coating of substrate with metals by electrophoretic and chemical spraying techniques. If the coating activity includes a step in which the same article is printed by whatever technique used, that printing step is considered part of the coating activity. However, printing activities operated as a separate activity are not included, but may be covered by Chapter V of this Directive if the printing activity falls within the scope thereof.

4.   Coil coating

Any activity where coiled steel, stainless steel, coated steel, copper alloys or aluminium strip is coated with either a film forming or laminate coating in a continuous process.

5.   Dry cleaning

Any industrial or commercial activity using volatile organic compounds  in an installation to clean garments, furnishing and similar consumer goods with the exception of the manual removal of stains and spots in the textile and clothing industry.

6.   Footwear manufacture

Any activity of producing complete footwear or parts thereof.

7.   Manufacturing of coating mixtures, varnishes, inks and adhesives

The manufacture of the above final products, and of intermediates where carried out at the same site, by mixing of pigments, resins and adhesive materials with organic solvent or other carrier, including dispersion and predispersion activities, viscosity and tint adjustments and operations for filling the final product into its container.

8.   Manufacturing of pharmaceutical products

The chemical synthesis, fermentation, extraction, formulation and finishing of pharmaceutical products and, where carried out at the same site, the manufacture of intermediate products.

9.   Printing

Any reproduction activity of text and/or images in which, with the use of an image carrier, ink is transferred onto whatever type of surface. It includes associated varnishing, coating and laminating techniques. However, only the following sub-processes are subject to Chapter V:

   a) flexography - a printing activity using an image carrier of rubber or elastic photopolymers on which the printing areas are above the non-printing areas, using liquid inks which dry through evaporation;
   b) heatset web offset - a web-fed printing activity using an image carrier in which the printing and non-printing area are in the same plane, where web-fed means that the material to be printed is fed to the machine from a reel as distinct from separate sheets. The non-printing area is treated to attract water and thus reject ink. The printing area is treated to receive and transmit ink to the surface to be printed. Evaporation takes place in an oven where hot air is used to heat the printed material;
   c) laminating associated to a printing activity - the adhering together of two or more flexible materials to produce laminates;
   d) publication rotogravure - a rotogravure printing activity used for printing paper for magazines, brochures, catalogues or similar products, using toluene-based inks;
   e) rotogravure - a printing activity using a cylindrical image carrier in which the printing area is below the non-printing area, using liquid inks which dry through evaporation. The recesses are filled with ink and the surplus is cleaned off the non-printing area before the surface to be printed contacts the cylinder and lifts the ink from the recesses;

f)   rotary screen printing - a web-fed printing activity in which the ink is passed onto the surface to be printed by forcing it through a porous image carrier, in which the printing area is open and the non-printing area is sealed off, using liquid inks which dry only through evaporation. Web-fed means that the material to be printed is fed to the machine from a reel as distinct from separate sheets;

   g) varnishing - an activity by which a varnish or an adhesive coating for the purpose of later sealing the packaging material is applied to a flexible material.

10.   Rubber conversion

Any activity of mixing, milling, blending, calendering, extrusion and vulcanisation of natural or synthetic rubber and any ancillary operations for converting natural or synthetic rubber into a finished product.

11.   Surface cleaning

Any activity except dry cleaning using organic solvents to remove contamination from the surface of material including degreasing. A cleaning activity consisting of more than one step before or after any other activity shall be considered as one surface cleaning activity. This activity does not refer to the cleaning of the equipment but to the cleaning of the surface of products.

12.   Vegetable oil and animal fat extraction and vegetable oil refining activities

Any activity to extract vegetable oil from seeds and other vegetable matter, the processing of dry residues to produce animal feed, the purification of fats and vegetable oils derived from seeds, vegetable matter and/or animal matter.

13.   Vehicle refinishing

Any industrial or commercial coating activity and associated degreasing activities performing either of the following:

   a) the original coating of road vehicles as defined in Directive 2007/46/EC or part of them with refinishing-type materials, where this is carried out away from the original manufacturing line;
   b) the coating of trailers (including semi-trailers) (category O in Directive 2007/46/EC ).

14.   Winding wire coating

Any coating activity of metallic conductors used for winding the coils in transformers and motors, etc.

15.   Wood impregnation

Any activity giving a loading of preservative in timber.

16.   Wood and plastic lamination

Any activity to adhere together wood and/or plastic to produce laminated products.

Part 2

Thresholds and emission limit values

The emission limit values in waste gases shall be calculated at a temperature of 273,15 K, a pressure of 101,3 kPa and after correction for the water vapour content of the waste gases.

Activity

(solvent consumption threshold in tonnes/year)

Threshold

(solvent consumption threshold in tonnes/year)

Emission limit values in waste gases (mg C/Nm3)

Fugitive emission  limit  values (percentage of solvent input)

Total emission limit values

Special provisions

New  installations 

Existing  installations 

New  installations 

Existing  installations 

1

Heatset web offset printing

(> 15)

15‐25

> 25

100

20

30 (1)

30 (1)

(1) Solvent residue in finished product is not to be considered as part of fugitive emissions.

2

Publication rotogravure

(> 25)

75

10

15

3

Other rotogravure, flexography, rotary screen printing, laminating or varnishing units (> 15)

rotary screen printing on textile/cardboard (> 30)

15‐25

> 25

> 30 (1)

100

100

100

25

20

20

(1) Threshold for rotary screen printing on textile and on cardboard.

4

Surface cleaning  using compounds specified in Article 53 (5) .

(> 1)

1‐5

> 5

20 (1)

20 (1)

15

10

(1) Limit  value  refers to mass of compounds in mg/Nm3, and not to total carbon.

5

Other surface cleaning

(> 2)

2‐10

> 10

75 (1)

75 (1)

20 (1)

15 (1)

(1) Installations which demonstrate to the competent authority that the average organic solvent content of all cleaning material used does not exceed 30 % by weight are exempt from application of these values.

6

Vehicle coating (< 15) and vehicle refinishing

> 0,5

50 (1)

25

(1) Compliance in accordance with point 2 of Part 8  shall  be demonstrated based on 15 minute average measurements.

7

Coil coating

(> 25)

50 (1)

5

10

(1) For installations which use techniques which allow reuse of recovered solvents, the emission limit  value  shall be 150.

8

Other coating, including metal, plastic, textile (5), fabric, film and paper coating

(> 5)

5‐15

> 15

100 (1) (4)

50/75 (2) (3) (4)

25 (4) 

20 (4)

(1) Emission limit value applies to coating application and drying processes operated under contained conditions.

(2) The first emission limit value applies to drying processes, the second to coating application processes.

(3) For textile coating installations which use techniques which allow reuse of recovered solvents, the emission limit  value  applied to coating application and drying processes taken together shall be 150.

(4) Coating activities which cannot be  carried out under contained conditions (such as shipbuilding, aircraft painting) may be exempted from these values, in accordance with Article 53(3) .

(5) Rotary screen printing on textile is covered by activity No 3.

9

Winding wire coating

(> 5)

10 g/kg (1)

5 g/kg (2)

(1) Applies for installations where average diameter of wire ≤ 0,1 mm.

(2) Applies for all other installations.

10

Coating of wooden surfaces

(> 15)

15‐25

> 25

100 (1)

50/75 (2)

25

20

(1) Emission limit value applies to coating application and drying processes operated under contained conditions.

(2) The first value applies to drying processes, the second to coating application processes.

11

Dry cleaning

20 g/kg (1) (2)

(1) Expressed in mass of solvent emitted per kilogram of product cleaned and dried.

(2) The emission limit  value  in point 2 of Part 4 does not apply for this  activity .

12

Wood impregnation

(> 25)

100 (1)

45

11 kg/m3

(1)  Emission limit value  does not apply for impregnation with creosote.

13

Coating of leather

(> 10)

10‐25

> 25

> 10 (1)

85 g/m2

75 g/m2

150 g/m2

Emission  limit values  are expressed in grams of solvent emitted per m2 of product produced.

(1) For leather coating activities in furnishing and particular leather goods used as small consumer goods like bags, belts, wallets, etc.

14

Footwear manufacture

(> 5)

25 g per pair

Total emission limit  value is  expressed in grams of solvent emitted per pair of complete footwear produced.

15

Wood and plastic lamination

(> 5)

30 g/m2

16

Adhesive coating

(> 5)

5‐15

> 15

50 (1)

50 (1)

25

20

(1) If techniques are used which allow reuse of recovered solvent, the emission limit value in waste gases shall be 150.

17

Manufacture of coating  mixtures , varnishes, inks and adhesives

(> 100)

100‐1 000

> 1 000

150

150

5

3

5 % of solvent input

3 % of solvent input

The fugitive emission  limit  value does not include solvent sold as part of a coatings  mixture  in a sealed container.

18

Rubber conversion

(> 15)

20 (1)

25 (2)

25 % of solvent input

(1) If techniques are used which allow reuse of recovered solvent, the emission limit value in waste gases shall be 150.

(2) The fugitive emission  limit  value does not include solvent sold as part of products or  mixtures  in a sealed container.

19

Vegetable oil and animal fat extraction and vegetable oil refining activities

(> 10)

Animal fat:

1,5 kg/tonne

Castor:

3 kg/tonne

Rape seed:

1 kg/tonne

Sunflower seed:

1 kg/tonne

Soya beans (normal crush):

0,8 kg/tonne

Soya beans (white flakes): 1,2 kg/tonne

Other seeds and other vegetable matter:

3 kg/tonne (1)

1,5 kg/tonne (2)

4 kg/tonne (3)

(1) Total emission limit values for installations processing individual batches of seeds and other vegetable matter should be set by the competent authority on a case-by-case basis, applying the best available techniques.

(2) Applies to all fractionation processes excluding de-gumming (the removal of gums from the oil).

(3) Applies to de-gumming.

20

Manufacturing of pharmaceutical products

(> 50)

20 (1)

5 (2)

15 (2)

5 % of solvent input

15 % of solvent input

(1) If techniques are used which allow reuse of recovered solvent, the emission limit value in waste gases shall be 150.

(2) The fugitive emission limit value does not include solvent sold as part of products or  mixtures  in a sealed container.

Part 3

 Emission limit values for installations of  the vehicle coating industry

1.   The total emission limit values are expressed in terms of grams of organic solvent emitted in relation to the surface area of product in square metres and in kilograms of  organic  solvent emitted in relation to the car body.

2.  The surface area of any product dealt with in the table  under point 3  below is defined as follows:

   - the surface area calculated from the total electrophoretic coating area, and the surface area of any parts that might be added in successive phases of the coating process which are coated with the same coatings as those used for the product in question, or the total surface area of the product coated in the installation.

The surface of the electrophoretic coating area is calculated using the  following  formula:

2 × total weight of product shell

average thickness of metal sheet × density of metal sheet

This method shall also be applied for other coated parts made out of sheets.

Computer aided design or other equivalent methods shall be used to calculate the surface area of the other parts added, or the total surface area coated in the installation.

3.   The total emission limit values in the table below refer to all process stages carried out at the same installation from electrophoretic coating, or any other kind of coating process, through to the final wax and polish of topcoating inclusive, as well as solvent used in cleaning of process equipment, including spray booths and other fixed equipment, both during and outside of production time.

Activity

(solvent consumption threshold in tonnes/year)

Production threshold

(refers to annual production of coated item)

Total emission limit value

New  installations 

Existing  installations

Coating of new cars (> 15)

> 5 000

45 g/m2 or 1,3 kg/body + 33 g/m2

60 g/m2 or 1,9 kg/body + 41 g/m2

≤ 5 000 monocoque or > 3 500 chassis-built

90 g/m2 or 1,5 kg/body + 70 g/m2

90 g/m2 or 1,5 kg/body + 70 g/m2

Total emission limit  value  (g/m2)

Coating of new truck cabins (> 15)

≤ 5 000

65

85

> 5 000

55

75

Coating of new vans and trucks (> 15)

≤ 2 500

90

120

> 2 500

70

90

Coating of new buses (> 15)

≤ 2 000

210

290

> 2 000

150

225

4.   Vehicle coating installations below the solvent consumption thresholds  mentioned  in the table under point 3 shall meet the requirements for the vehicle refinishing sector  set out  in Part 2.

Part 4

 Emission limit values relating to volatile organic compounds with specific risk phrases  

1.   For emissions of the volatile organic compounds referred to in Article 52 where the mass flow of the sum of the compounds causing the labelling referred to in that Article is greater than, or equal to, 10 g/h, an emission limit value of 2 mg/Nm3 shall be complied with. The emission limit value refers to the mass sum of the individual compounds.

2.   For emissions of halogenated volatile organic compounds which are assigned the risk phrase R40 or R68 , where the mass flow of the sum of the compounds causing the labelling R40 or R68 is greater than, or equal to, 100 g/h, an emission limit value of 20 mg/Nm3 shall be complied with. The emission limit value refers to the mass sum of the individual compounds.

Part 5 

Reduction scheme

1.  In the case of applying coatings, varnishes, adhesives or inks, the following scheme can be used. Where the following method is inappropriate, the competent authority may allow an operator to apply any alternative scheme achieving equivalent emission reductions to those achieved if the emission limit values of Parts 2 and 3 were to be applied. The design of the scheme shall take into account the following facts:

   a) where substitutes containing little or no solvent are still under development, a time extension shall be given to the operator to implement his emission reduction plans;
   b) the reference point for emission reductions should correspond as closely as possible to the emissions which would have resulted had no reduction action been taken.

2.   The following scheme shall operate for installations for which a constant solid content of product can be assumed:

(a)   The annual reference emission is calculated as follows:

(i)   The total mass of solids in the quantity of coating and/or ink, varnish or adhesive consumed in a year is determined. Solids are all materials in coatings, inks, varnishes and adhesives that become solid once the water or the volatile organic compounds are evaporated.

(ii)   The annual reference emissions are calculated by multiplying the mass determined in (i)  by the appropriate factor listed in the table below. Competent authorities may adjust these factors for individual installations to reflect documented increased efficiency in the use of solids.

Activity

Multiplication factor for use in item (a)(ii)

Rotogravure printing; flexography printing; laminating as part of a printing activity; varnishing as part of a printing activity; wood coating; coating of textiles, fabric film or paper; adhesive coating

4

Coil coating, vehicle refinishing

3

Food contact coating, aerospace coatings

2,33

Other coatings and rotary screen printing

1,5

(b)  The target emission is equal to the annual reference emission multiplied by a percentage equal to:

   1) (the fugitive emission limit value + 15), for installations falling within item 6 and the lower threshold band of items 8 and 10 of Part 2,
   2) (the fugitive emission limit value + 5) for all other installations.

(c)   Compliance is achieved if the actual solvent emission determined from the solvent management plan is less than or equal to the target emission.

Part 6

Emission monitoring

1.   Channels to which abatement equipment is connected, and which at the final point of discharge emit more than an average of 10 kg/h of total organic carbon, shall be monitored continuously for compliance.

2.   In the other cases, Member States shall ensure that either continuous or periodic measurements are carried out. For periodic measurements at least three measurement values shall be obtained during each measurement exercise.

3.   Measurements are not required in the case where end-of-pipe abatement equipment is not needed to comply with this Directive.

Part 7 

Solvent management plan

1.   Principles

The solvent management plan shall be used to:

   a) verify compliance as specified in Article 56 ;
   b) identify future reduction options;
   c) enable provision of information on solvent consumption, solvent emissions and compliance with  the requirements of Chapter V to the public.

2.   Definitions

The following definitions provide a framework for the mass balance exercise.

Inputs of organic solvents (I):

I1 The quantity of organic solvents or their quantity in  mixtures  purchased which are used as input into the process in the time frame over which the mass balance is being calculated.

I2 The quantity of organic solvents or their quantity in mixtures recovered and reused as solvent input into the process. The recycled solvent is counted every time it is used to carry out the activity.

Outputs of organic solvents (O):

O1 Emissions in waste gases.

O2 Organic solvents lost in water, taking into account waste water treatment when calculating O5.

O3 The quantity of organic solvents which remains as contamination or residue in products output from the process.

O4 Uncaptured emissions of organic solvents to air. This includes the general ventilation of rooms, where air is released to the outside environment via windows, doors, vents and similar openings.

O5 Organic solvents and/or organic compounds lost due to chemical or physical reactions (including those which are destroyed, by incineration or other waste gas or waste water treatments, or captured,, as long as they are not counted under O6, O7 or O8).

O6 Organic solvents contained in collected waste.

O7 Organic solvents, or organic solvents contained in mixtures, which are sold or are intended to be sold as a commercially valuable product.

O8 Organic solvents contained in mixtures recovered for reuse but not as input into the process, as long as not counted under O7.

O9 Organic solvents released in other ways.

3.   Use of the solvent management plan for verification of compliance.

The use made of the solvent management plan shall be determined by the particular requirement which is to be verified, as follows:

a)   verification of compliance with the reduction  scheme as set out  in Part 5, with a total emission limit value expressed in solvent emissions per unit product, or otherwise stated in Parts 2 and 3.

i)   for all activities using the reduction scheme as set out in Part 5, the solvent management plan shall be done annually to determine the consumption (C). The consumption shall be calculated according to the following equation:

C = I1 − O8

A parallel exercise shall also be undertaken to determine solids used in coating in order to derive the annual reference emission and the target emission each year.

ii)   for assessing compliance with a total emission limit value expressed in solvent emissions per unit product or otherwise stated in Parts 2 and 3, the solvent management plan shall be done annually to determine the emissions (E). The emissions shall be calculated according to the following equation:

E = F + O1

Where F is the fugitive emission as defined in point (b)(i). The emission figure shall then be divided by the relevant product parameter.

iii)   for assessing compliance with the requirements of point (b)(ii) of paragraph 6 of Article 53 , the solvent management plan shall be done annually to determine total emissions from all activities concerned, and that figure shall then be compared with the total emissions that would have resulted had the requirements of Parts 2, 3 and 5 been met for each activity separately.

(b)   Determination of fugitive emissions for comparison with the fugitive emission limit values in Part 2:

(i)   The fugitive emission shall be calculated according to one of the following equations;

F = I1 − O1 − O5 − O6 − O7 − O8

or

F = O2 + O3 + O4 + O9

F shall be determined either by direct measurement of the quantities or by an equivalent method or calculation, for instance by using the capture efficiency of the process.

The fugitive emission limit value is expressed as a proportion of the input, which shall be calculated according to the following equation:

I = I1 + I2

(ii)   Determination of fugitive emissions shall be done by a short but comprehensive set of measurements and needs not be done again until the equipment is modified.

Part 8

Assessment of compliance with emission limit values in waste gases 

1.  In the case of continuous measurements the emission limit values shall be considered to be complied with if:

   a) none of the arithmetic averages of all valid readings taken during any 24-hour period of operation of an installation or activity except start-up and shut-down operations and maintenance of equipment exceeds the emission limit values,
   b) none of the hourly averages exceeds the emission limit values by more than a factor of 1,5.

2.  In the case of periodic measurements the emission limit values shall be considered to be complied with if, in one monitoring exercise:

   a) the average of all the measurement values  does not exceed the emission limit values,
   b) none of the hourly averages exceeds the emission limit value by more than a factor of 1,5.

3.   Compliance with the provisions of Part 4 shall be verified on the basis of the sum of the mass concentrations of the individual volatile organic compounds concerned. For all other cases, compliance shall be verified on the basis of the total mass of organic carbon emitted unless otherwise specified in Part 2.

4.   Gas volumes may be added to the waste gas for cooling or dilution purposes where technically justified but shall not be considered when determining the mass concentration of the pollutant in the waste gas.

ANNEX VIII

Technical provisions relating to installations producing titanium dioxide 

Part 1

 Emission limit values for emissions into water 

1.   In case of installations using the sulphate process (as a yearly average):

550  kg of sulphate per tonne of titanium dioxide produced;

2.   In case of installations using the chloride process (as a yearly average):

(a)   130 kg chloride per tonne of titanium dioxide produced using neutral rutile,

(b)   228 kg chloride per tonne of titanium dioxide produced using synthetic rutile,

(c)   330 kg chloride per tonne of titanium dioxide produced using slag.

3.   For installations using the chloride process and using more than one type or ore, the emission limit values in point 2 shall apply in proportion to the quantity of the ores used.

Part 2

 Acute toxicity tests 

1.   Tests for acute toxicity shall be carried out on certain species of molluscs, crustaceans, fish and plankton, commonly found in the discharge areas. In addition, tests shall be done on samples of the brine shrimp species (Artemia salina).

2.  Maximum mortality revealed by the tests in point 1, over a period of 36 hours and at an effluent dilution of 1/5 000:

   a) for adult forms of the species tested: 20% mortality,
   b) for larval forms  of the species tested:  mortality exceeding that of a control group.

Part 3

 Emission limit values to air

1.   The emission limit values which are expressed as concentrations in mass per cubic meter (Nm3) shall be calculated at a temperature of 273,15 K, a pressure of 101,3 kPa and after correction for the water vapour content of the waste gases.

2.   For dust: 50 mg/Nm3 as an hourly average;

3.   For gaseous sulphur dioxide and trioxide, including acid droplets calculated as SO2 equivalent

(a)   6 kg per tonne of titanium dioxide produced as a yearly average;

(b)   500 mg/Nm3 as an hourly average forplants for the concentration of waste acid;

4.   For chlorine in the case of installations using the chloride process:

(a)   5 mg/Nm3 as a daily average

(b)   40 mg/Nm3  at any time.

Part 4

 Monitoring of the environment affected by discharges of waste from installations producing titanium dioxide into water 

1.  The water column shall be monitored at least three times per year, either through monitoring non-filtered or filtered water, by determining the following parameters: 

   a) in case of monitoring non-filtered water: temperature, salinity or conductivity at 20°C, pH, dissolved O2, turbidity or suspended matter, Fe dissolved and in suspension, Ti; 
   b) in case of monitoring filtered water: 
   i) in the water filtered through a 0,45 μm pore size membrane filter: dissolved Fe; 
   ii) in the suspended solids remaining in the 0,45 µm pore size membrane filter: Fe, hydrated oxides and hydroxides of iron.

2.   Sediments shall be monitored at least once per year by taking samples in the top layer of the sediment as near to the surface as possible and by determining the following parameters in these samples: Ti, Fe, hydrated oxides and hydroxides of iron. 

3.   Living organisms shall be monitored at least once per year by determining the concentration of the following substances in species representative of the site: Ti, Cr, Fe, Ni, Zn, Pb, and by determining the diversity and relative abundance of the benthic fauna, and the presence of morbid and anatomical lesions in fish.

4.   In the course of successive sampling operations, the samples shall be taken at the same location and depth and under the same conditions.

Part 5

Emission monitoring

The monitoring of emissions to air shall include at least continuous monitoring of:

(a)  SO2 from plants for the concentration of waste acid in installations using the sulphate process

   b) chlorine from installations using the chloride process
   c) dust from major sources.

ANNEX IX

Part A

Repealed Directives with their successive amendments

(referred to in Article 72)

Council Directive 78/176/EEC

(OJ L 54, 25.2.1978, p. 19)

Council Directive 83/29/EEC

(OJ L 32, 3.2.1983, p. 28)

Council Directive 91/692/EEC

(OJ L 377, 31.12.1991, p. 48)

only Annex I point (b)

Council Directive 82/883/EEC

(OJ L 378, 31.12.1982, p. 1)

Council Regulation (EC) No 807/2003

(OJ L 122, 16.5.2003, p. 36)

only Annex III, point 34

Council Directive 92/112/EEC

(OJ L 409, 31.12.1992, p. 11).

Council Directive 96/61/EC

(OJ L 257, 10.10.1996, p. 26)

Directive 2003/35/EC of the European Parliament and of the Council

(OJ L 156, 25.6.2003, p. 17)

only Article 4 and Annex II

Directive 2003/87/EC of the European Parliament and of the Council

(OJ L 275, 25.10.2003, p. 32)

only Article 26

Regulation (EC) N° 1882/2003 of the European Parliament and of the Council

(OJ L 284, 31.10.2003, p. 1)

only Annex III, point 61

Regulation (EC) N° 166/2006 of the European Parliament and of the Council

(OJ L 33, 4.2.2006, p. 1)

only Article 21(2)

Council Directive 1999/13/EC

(OJ L 85, 29.3.1999, p. 1)

Regulation (EC) N° 1882/2003 of the European Parliament and of the Council

(OJ L 284, 31.10.2003, p. 1)

only Annex I, point 17

Directive 2004/42/CE of the European Parliament and of the Council

(OJ L 143, 30.4.2004, p. 87)

only Article 13(1)

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

(OJ L 332, 28.12.2000, p. 91)

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

(OJ L 309, 27.11.2001, p. 1)

Council Directive 2006/105/EC

(OJ L 363, 20.12.2006, p. 368)

Only Annex, part B, point 2

Part B

List of time-limits for transposition into national law (referred to in Article 72)

Directive

Time-limit for transposition

Time-limit for application

78/176/EEC

25 February 1979

82/883/EEC

31 December 1984

92/112/EEC

15 June 1993

96/61/EC

30 October 1999

1999/13/EC

1 April 2001

2000/76/EC

28 December 2000

28 December 2002

28 December 2005

2001/80/EC

27 November 2002

27 November 2004

2003/35/EC

25 June 2005

2003/87/EC

31 December 2003

ANNEX X

Correlation table

Directive 78/176/EEC

Directive 82/883/EEC

Directive 92/112/EEC

Directive 96/61/EC

Directive 1999/13/EC

Directive 2000/76/EC

Directive 2001/80/EC

This Directive

Article 1(1)

Article 1

Article 1

Article 1

Article 1

Article 1, first paragraph

Article 1

Article 1(2), point (a)

Article 2(2)

Article 3(2)

Article 1(2), point (b)

Article 3(1)

Article 3(25)

Article 1(2), points (c), (d) and (e)

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Article 2

Article 61

Article 3

Article 12, points (4) and (5)

Article 4

Article 4

Article 3, introductory wording and (1)

Article 4(1)

Article 4(1), first subparagraph

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---

---

---

---

---

---

Article 5

Article 5

Article 12, points (4) and (5)

Article 6

Article 12, points (4) and (5)

Article 7(1)

Article 64 (1) and 64 (2), first subparagraph

Article 7(2) and (3)

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---

---

---

---

---

---

---

Article 64 (2), second subparagraph

Article 8(1)

Article 62 (2)

Article 8(2)

Article 28(1), second subparagraph

Article 9

---

Article 10

---

Article 11

Article 13

Article 12

---

Article 13(1)

Article 66

Article 13(2), (3) and (4)

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Article 14

---

Article 15

Article 14

Article 12

Article 21

Article 15

Article 21

Article 18(1) and (3)

Article 71

Article 16

Article 15

Article 13

Article 23

Article 17

Article 23

Article 20

Article 75

Annex I

---

Annex IIA introductory wording and point 1

---

Annex IIA point 2

Annex VIII, Part 2

Annex IIB

---

Article 2

---

Article 3

---

Article 4(1) and 4(2), first subparagraph

Article 64 (3)

Article 4(2), second subparagraph

Annex VIII, Part 4

Article 4(3) and (4)

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---

---

---

---

---

---

Article 64 (4)

Article 5

---

Article 6

---

Article 7

---

Article 8

---

Article 9

---

Article 10

Article 69

Article 11(1)

Article 19(1)

Article 13(1)

Article 17(1)

Article 69(1)

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---

---

---

---

---

---

Article 69(2)

Article 11(2) and (3)

---

Article 12

---

Article 13

---

Annex I

---

Annex II

Annex VIII, Part 4

Annex III

Annex VIII, Part 4

Annex IV

---

Annex V

---

Article 2(1), introductory wording

---

Article 2(1)(a), introductory wording and first indent

---

Article 2(1)(a), second indent

Article 61 (2)

Article 2(1)(a), third indent and 2(1)(b), third indent

Article 61 (4)

Article 2(1)(a), fourth, fifth, sixth and seventh indent

---

Article 2(1)(b), introductory wording and first, fourth, fifth, sixth and seventh indent

---

Article 2(1)(b), second indent

Article 61 (3)

Article 2(1)(c)

---

Article 2(2)

---

Article 3

Article 61

Article 4

Article 61

Article 5

---

Article 6, first paragraph, introductory wording

Article 62 (1)

Article 6, first paragraph, point (a)

Annex VIII, Part 1, point (1)

Article 6, first paragraph, point (b)

Annex VIII, Part 1, point (2)

Article 6, second paragraph

Annex VIII, Part 1, point (3)

Article 7

---

Article 8

---

Article 9(1) introductory wording

Article 63 (2)

Article 9(1)(a), introductory wording

---

Article 9(1)(a)(i)

Annex VIII, Part 3, point (2)

Article 9(1)(a)(ii)

Annex VIII, Part 3, point (3), introductory wording, and point (3)(a)

Article 9(1)(a)(iii)

Article 63 (1)

Article 9(1)(a)(iv)

Annex VIII, Part 3, point (3)(b)

Article 9(1)(a)(v)

---

Article 9(1) b)

Annex VIII, Part 3, point (4)

Article 9(2) and (3)

---

Article 10

Article 64

Article 11

Article 12, points (4) and (5)

Annex

---

Article 2, introductory wording

Article 3, introductory wording

Article 2(1)

Article 2(14)

Article 3(1)

Article 2(3)

Article 2(1)

Article 3(3)

Article 2(4)

---

Article 2(5)

Article 2(9)

Article 3(8)

Article 2(1)

Article 3(4)

Article 2(6)

Article 2(13)

Article 3(9)

Article 2(3), first part

Article 3(5)

Article 2(7)

Article 3(6)

Article 2(8)

Article 2(5)

Article 65

Article 2(9), first sentence

Article 2(7)

Article 3(12)

Article 3(7)

Article 2(9), second sentence

Article 4(2), first subparagraph

---

---

---

---

---

---

---

Article 4(2), second subparagraph

Article 2(10)(a)

---

Article 2(10)(b), first subparagraph

Article 3(8)

Article 2(10)(b), second subparagraph

Article 21(3)

Article 2(11), first subparagraph and first, second and third indents

Article 3(9)

Article 2(11), second subparagraph

Articles 14(2) and 15(4)

Article 2(12)

Article 2(6)

Article 3(11)

Article 2(5)

Article 3(11)

Article 2(13)

Article 3(12)

Article 2(14)

Article 3(13)

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---

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---

---

---

---

Article 3(14), (15), (16), (17) and (18)

Article 3, first subparagraph, introductory wording

Article 12, introductory wording

Article 3, first subparagraph, point (a)

Article 12(1) and (2)

Article 3 first subparagraph, point (b)

Article 12(3)

Article 3 first subparagraph, point (c)

Article 12(4) and (5)

Article 3 first subparagraph, point (d)

Article 12(6)

Article 3 first subparagraph, point (e)

Article 12(7)

Article 3 first subparagraph, point (f)

Article 12(8)

Article 3, second subparagraph

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Article 5(1)

Article 73(1) and (2)

---

---

---

---

---

---

---

Article 73(3) and (4)

Article 5(2)

Article 71(1), second subparagraph

Article 6(1), introductory wording

Article 13(1), introductory wording

Article 6(1), first subparagraph, first indent

Article 13(1) a)

Article 6(1), first subparagraph, second indent

Article 13(1) b)

Article 6(1), first subparagraph, third indent

Article 13(1) c)

Article 6(1), first subparagraph, fourth indent

Article 13(1) d)

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---

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---

---

---

---

Article 13(1) e)

Article 6(1), first subparagraph, fifth indent

Article 13(1) f)

Article 6(1), first subparagraph, sixth indent

Article 13(1) g)

Article 6(1), first subparagraph, seventh indent

Article 13(1) h)

Article 6(1), first subparagraph, eighth indent

Article 13(1) i)

Article 6(1), first subparagraph, ninth indent

Article 13(1) j)

Article 6(1), first subparagraph, tenth indent

Article 13(1) k)

Article 6(1), second subparagraph

Article 13(1), second subparagraph

Article 6(2)

Article 13(2)

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---

---

---

---

---

---

Article 14

Article 7

Article 6(2)

Article 8, first paragraph

Article 4(3)

Article 6(1)

Article 8, second paragraph

---

Article 9(1), first part of sentence

Article 15(1), first subparagraph

Article 9(1), second part of sentence

---

Article 9(2)

Article 6(3)

Article 9(3), first subparagraph, first and second sentence

Article 15(1), second subparagraph, introductory wording and points (a) and (b)

Article 9(3), first subparagraph, third sentence

Article 15(2)

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---

---

---

---

Article 15(3), (4) and (5)

Article 9(3), second subparagraph

---

Article 9(3), third subparagraph

Article 10(1)

Article 9(3), fourth subparagraph

Article 10(2)

Article 9(3), fifth subparagraph

Article 10(3)

Article 9(3), sixth subparagraph

Article 10(4)

Article 9(4), first part of first sentence

Article 16(2), first subparagraph

Article 9(4), second part of first sentence

Article 16 (3), first subparagraph

Article 9(4), second sentence

Article 15(1), second subparagraph, point (f)

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---

---

---

---

---

---

Article 16(2), second subparagraph

---

---

---

---

---

---

---

Article 16 (3), second subparagraph and (4) and (5)

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---

---

---

---

---

---

Article 17

Article 9(5), first subparagraph

Article 15(1), second subparagraph, point (c)

---

---

---

---

---

---

---

Article 15(1), second subparagraph, point (d)

Article 9(5), second subparagraph

---

Article 9(6), first subparagraph

Article 15(1), second subparagraph, point (e)

Article 9(6), second subparagraph

---

Article 9(7)

---

Article 9(8)

Articles 7 and 18(1)

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---

---

---

---

---

---

Article 18(2), (3) and (4)

Article 10

Article 19

Article 11

Article 20

Article 12(1)

Article 21(1)

Article 12(2), first sentence

Article 21(2), first subparagraph

Article 12(2), second sentence

Article 21(2), second subparagraph

Article 12(2), third sentence

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Article 13(1)

Article 22(1)

---

---

---

---

---

---

---

Article 22(2) and (3)

Article 13(2), introductory wording

Article 22(4), introductory wording

Article 13(2), first indent

Article 22(4)(a)

Article 13(2), second indent

Article 22(4)(b)

Article 13(2), third indent

Article 22(4)(c)

Article 13(2), fourth indent

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---

---

---

---

---

Article 22(4)(d)

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---

---

---

---

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Article 23

---

---

---

---

---

---

---

Article 24

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---

---

---

---

---

---

Article 25(1), first and second subparagraph

Article 14, introductory wording

Article 9(1), first part of sentence and Article 25(1), third subparagraph, introductory wording

Article 14, first indent

Article 9(1), second part of sentence

Article 14, second indent

Article 8, point (2) and Article 15(1), point (c)

Article 14, third indent

Article 25(1), third subparagraph

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---

---

---

---

---

---

Article 25(2) to (7)

Article 15(1), introductory wording and first and second indents

Article 12(1), first subparagraph

Article 26(1), first subparagraph and points (a) and (b)

Article 15(1), third indent

Article 26(1), first subparagraph, point (c)

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---

---

---

---

---

---

Article 26(1)(d)

Article 15(1), second subparagraph

Article 26(1), second subparagraph

---

---

---

---

---

---

---

---

Article 15(2)

Article 26(2)(h)

Article 15(4)

Article 26(3)

Article 15(5)

Article 26(2) , introductory wording and points (a) and (b)

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---

---

---

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Article 26(2) , points (c) to (g)

Article 15a, first paragraph

Article 27(1)

Article 15a, second paragraph

Article 27(2)

Article 15a, third paragraph

Article 27(3)

Article 15a, fourth and fifth paragraph

Article 27(4)

Article 15a, sixth paragraph

Article 27(5)

Article 16(1)

Article 11(1), first sentence and 11(2)

Article 66 (1) , first subparagraph

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---

---

---

---

Article 66 (1), second subparagraph

Article 16(2), first sentence

Article 29, introductory wording

Article 16(2), second sentence

---

Article 16(3), first sentence

Article 11(1), second sentence

Article 66 (2)

Article 16(3), second sentence

---

Article 16(3), third sentence

Article 11(3)

Article 66 (3)

Article 16(4)

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---

---

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---

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Article 67

---

---

---

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---

---

---

---

---

---

---

---

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Article 29

Article 17

Article 11

Article 28

Article 18(1)

---

Article 18(2)

Article 16(3), second subparagraph

Article 19(2) and (3)

---

Article 20(1) and (2)

---

Article 20(3)

Article 18

Article 17

Article 72

Article 22

Article 16

Article 22

Article 19

Article 74

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Article 2(1)

Annex I, first paragraph of introductory wording

Article 2(2)

Annex I, second paragraph of introductory wording

Annex I, first subparagraph of introductory wording

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Annex I, second and third subparagraph of introductory wording

Annex I, point 1

Annex I, point 1

Annex I, points 2.1 – 2.5(b)

Annex I, points 2.1 – 2.5(b)

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---

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Annex I, point 2.5(c)

Annex I, point 2.6

Annex I, point 2.6

Annex I, point 3

Annex I, point 3

Annex I, points 4.1 – 4.6

Annex I, points 4.1 – 4.6

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Annex I, point 4.7

Annex I, point 5, introductory wording

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Annex I, points 5.1 – 5.3(b)

Annex I, points 5.1 – 5.3(b)

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Annex I, points 5.3 (c) to (e)

Annex I, point 5.4

Annex I, point 5.4

Annex I, points 6.1(a) and (b)

Annex I, points 6.1(a) and (b)

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Annex I, point 6.1 (c)

Annex I, points 6.2 – 6.4(b)

Annex I, points 6.2 – 6.4(b)(ii)

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Annex I, point 6.4 (b)(iii)

Annex I, points 6.4(c) – 6.6(c)

Annex I, points 6.4(c) – 6.6(c)

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Annex I, point 6.6(c), final sentence

Annex I, points 6.7 - 6.8

Annex I, points 6.7 - 6.8

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---

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Annex I, points 6.9 and 6.10

Annex II

---

Annex III

Annex II

---

---

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Annex II, point 13

Annex IV, introductory wording

Article 3(9)

Annex IV, points 1 to 11

Annex III

Annex IV, point 12

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Annex V 1(a)

Annex IV 1(a)

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Annex IV, point 1(b)

Annex V 1(b)-(g)

Annex IV, 1(c)-(h)

Annex V, points 2 to 5

Annex IV, points 2 to 5

Article 2(2)

Article 51 (1)

Article 2(3)

---

Article 2(4)

Article 57 (1)

Article 2(8)

Article 4(1), third subparagraph

Article 2(10)

Article 51(3)

Article 2(11)

Article 51(2)

Article 2(12)

Article 51(4)

Article 2(15)

Article 51(5)

Article 2(16)

Article 3(33)

Article 2(17)

Article 3(34)

Article 2(18)

Article 3(35)

Article 2(19)

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Article 2(20)

Article 3(36)

Article 2(21)

Article 51 (6)

Article 2(22)

Article 51 (7)

Article 2(23)

Article 51 (8)

Article 2(24)

Article 51 (9)

Article 2(25)

Article 51 (10)

Article 2(26)

Article 51 (11)

Article 2(27)

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Article 2(28)

Article 57 (1)

Article 2(29)

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Article 2(30)

Article 51 (12)

Article 2(31)

Annex VII, Part 2, first sentence

Annex VIII, Part 3, point 1

Article 2(32)

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Article 2(33)

Article 51 (13)

Article 3(2)

Article 4(1), second subparagraph

Article 4(1) to (3)

Article 4(1), first and second subparagraph

Article 4(4)

Article 57 (2)

Article 5(1)

Article 53 (1), first subparagraph

Article 5(2)

Article 53 (1)(a) and (b)

Article 5(3)(a)

Article 53 (2)

Article 5(3)(b)

Article 53 (3)

Article 5(3), third subparagraph

Article 53 (4)

Article 5(4)

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Article 5(5)

Article 53 (6)

Article 5(6)

Article 52

Article 5(7)

Annex VII, Part 4, point 1

Article 5(8) first subparagraph

Annex VII, Part 4, point 2

Article 5(8) second subparagraph

Article 53 (5)

Article 5(9)

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Article 5(10)

Article 53 (7)

Article 5(11), (12) and (13)

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Article 6

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Article 7(1), introductory wording and first, second, third and fourth indent

Article 58

Article 7(1), second part

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Article 7(2)

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Article 8(1)

Article 8, introductory wording and point (1)

Article 8(2)

Annex VII, Part 6, point 1

Article 8(3)

Annex VII, Part 6, point 2

Article 8(4)

Annex VII Part 6, point 3

Article 8(5)

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Article 9(1), introductory wording

Article 56 (1), introductory wording

Article 9(1), first subparagraph, first, second and third indent

Article 56 , first paragraph , points (a), (b) and (c)

Article 9(1), second subparagraph

Article 56 , second subparagraph

Article 9(1), third subparagraph

Annex VII, Part 8, point 4

Article 9(2)

Article 57 (3)

Article 9(3)

Annex VII, Part 8, point 1

Article 9(4)

Annex VII, Part 8, point 2

Article 9(5)

Annex VII, Part 8, point 3

Article 10

Article 4(9)

Article 9(2)

Article 11(1), third to sixth sentences

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Article 12(1), second subparagraph

Article 59 (1), first subparagraph

Article 12(1), third subparagraph

Article 59 (1), second subparagraph

Article 12(2)

Article 59 (2)

Article 12(3)

Article 59 (3)

Article 13(2) and (3)

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Article 14

Article 19

Article 16

Article 70

Annex I, first and second sentence of introductory wording

Article 50

Annex I, third sentence of introductory wording and list of activities

Annex VII, Part 1

Annex IIA, Part I

Annex VII, Part 2

Annex IIA, Part 2

Annex VII, Part 3

Annex IIA, Part II, last sentence of paragraph 6

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Annex IIB, point 1, first and second sentences

Article 53 (1)(b)

Annex IIB, point 1, third sentence

Article 53 (1), second subparagraph

Annex IIB, point 2

Annex VII, Part 5

Annex IIB, point 2, second subparagraph (i) and table

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Annex III, point 1

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Annex III, point 2

Annex VII, Part 7, point 1

Annex III, point 3

Annex VII, Part 7, point 2

Annex III, point 4

Annex VII, Part 7, point 3

Article 1, second paragraph

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Article 2(1)

Article 37 (1), first subparagraph

Article 2(2), introductory wording

Article 37 (2), introductory wording

Article 2(2)(a), introductory wording

Article 37 (2)(a), introductory wording

Article 2(2)(a), points (i) to (v)

Article 37 (2)(a), point (i)

Article 2(2)(a), point (vi)

Article 37 (2)(a), point (ii)

Article 2(2)(a), point (vii)

Article 37 (2)(a), point (iii)

Article 2(2)(a), point (viii)

Article 37 (2)(a), point (iv)

Article 2(2)(b)

Article 37 (2)(b)

Article 3(2), first subparagraph

Article 3(26)

Article 3(2), second subparagraph

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Article 3(3)

Article 3(27)

Article 3(4), first subparagraph

Article 3(28)

Article 3(4), second subparagraph

Article 37 (1), second subparagraph

Article 3(5), first subparagraph

Article 3(29)

Article 3(5), second subparagraph

Article 37 (1), third subparagraph

Article 3(5), third subparagraph

Article 37 (1), second subparagraph

Article 3(6)

Annex VI, Part 1, point (a)

Article 3(7)

Article 3(30)

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Annex VI, Part 1, point (b)

Article 3(10)

Article 3(31)

Article 3(13)

Article 3(32)

Article 4(2)

Article 38

Article 4(4), introductory wording and points (a) and (b)

Article 39 (1), introductory wording and points (a) and (b)

Article 4(4), point (c)

Article 39 (1),point (e)

Article 4(5)

Article 39 (2)

Article 4(6)

Article 39 (3)

Article 4(7)

Article 39 (4)

Article 4(8)

Article 48

Article 5

Article 46

Article 6(1), first subparagraph

Article 44 (1)

Article 6(1), second subparagraph and 6(2)

Article 44 (2)

Article 6(1), third subparagraph

Article 44 (3), first subparagraph

Article 6(1), fourth subparagraph

Article 44 (3), second subparagraph

Article 6(3)

Article 44 (4)

Article 6(4), first and second sentences of first subparagraph and Article 6(4), second subparagraph

Article 45 (1)

Article 6(4), third sentence of first subparagraph

Article 45 (2)

Article 6(4), third subparagraph

Article 45 (3), second subparagraph

Article 6(4), fourth subparagraph

Article 45 (4)

Article 6(5)

Article 40 (1)

Article 6(6)

Article 44 (5)

Article 6(7)

Article 44 (6)

Article 6(8)

Article 44 (7)

Article 7(1) and Article 7(2), first subparagraph

Article 40 (2), first subparagraph

Article 7(2), second subparagraph

Article 40 (2), second subparagraph

Article 7(3) and Article 11(8), first subparagraph, introductory wording

Annex VI, Part 6, first part of point 2.7

Article 7(4)

Article 40 (2), second subparagraph

Article 7(5)

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Article 8(1)

Article 39 (1), point (c)

Article 8(2)

Article 40 (3)

Article 8(3)

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Article 8(4), first subparagraph

Article 40 (4), first subparagraph

Article 8(4), second subparagraph

Annex VI, Part 6, first part of point 3.2

Article 8(4), third subparagraph

Annex VI, Part 6, second part of point 3.2

Article 8(4), fourth subparagraph

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Article 8(5)

Article 40 (4), second and third subparagraph

Article 8(6)

Article 39 (1), points (c) and (d)

Article 8(7)

Article 40 (4)

Article 8(8)

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Article 9, first subparagraph

Article 47 (1)

Article 9, second subparagraph

Article 47 (2)

Article 9, third subparagraph

Article 47 (3)

Article 10(1) and (2)

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Article 10(3), first sentence

Article 42 (2)

Article 10(3), second sentence

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Article 10(4)

Article 42 (3)

Article 10(5)

Annex VI, Part 6, second part of point 1.3

Article 11(1)

Article 42 (1)

Article 11(2)

Annex VI, Part 6, point 2.1

Article 11(3)

Annex VI, Part 6, point 2.2

Article 11(4)

Annex VI, Part 6, point 2.3

Article 11(5)

Annex VI, Part 6, point 2.4

Article 11(6)

Annex VI, Part 6, point 2.5

Article 11(7), first part of first sentence of first subparagraph

Annex VI, Part 6, first part of point 2.6

Article 11(7), second part of first sentence of first subparagraph

Annex VI, Part 6, point 2.6(a)

Article 11(7), second sentence of first subparagraph

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Article 11(7), second subparagraph

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Article 11(7), point (a)

Annex VI, Part 6, point 2.6(b)

Article 11(7), points (b) and (c)

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Article 11(7), point (d)

Annex VI, Part 6, point 2.6(c)

Article 11(7), points (e) and (f)

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Article 11(8), first subparagraph, points (a)and (b)

Annex VI, Part 3, point 1, first and second subparagraph

Article 11(8)(c)

Annex VI, Part 6, second part of point 2.7

Article 11(8)(d)

Annex VI, Part 4, point 2.1, second subparagraph

Article 11(8), second subparagraph

Annex VI, Part 6, third part of point 2.7

Article 11(9)

Article 42 (4)

Article 11(10), points (a), (b) and (c)

Annex VI, Part 8, points (a), (b) and (c) of point 1.1

Article 11(10)(d)

Annex VI, Part 8, point (d) of point 1.1

Article 11(11)

Annex VI, Part 8, point 1.2

Article 11(12)

Annex VI, Part 8, point 1.3

Article 11(13)

Article 42 (5), first subparagraph

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Article 42 (5) second subparagraph

Article 11(14)

Annex VI, Part 6, point 3.1

Article 11(15)

Article 39 (1), point (e)

Article 11(16)

Annex VI, Part 8, point 2

Article 11(17)

Article 9(2), point (a)

Article 12(1)

Article 49 (1)

Article 12(2), first sentence

Article 49 (2)

Article 12(2), second sentence

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Article 12(2), third sentence

Article 49 (3)

Article 13(1)

Article 39 (1), point (f)

Article 13(2)

Article 41

Article 13(3)

Article 40 (5)

Article 13(4)

Annex VI, Part 3, point 2

Article 14

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Article 15

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Article 16

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Article 17(2) and (3)

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Article 20

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Annex I

Annex VI, Part 2

Annex II, first part (without numbering)

Annex VI, Part 4, point 1

Annex II, point 1, introductory wording

Annex VI, Part 4, point 2.1

Annex II, points 1.1 – 1.2

Annex VI, Part 4, points 2.2 - 2.3

Annex II, point 1.3

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Annex II, point 2.1

Annex VI, Part 4, point 3.1

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Annex VI, Part 4, point 3.2

Annex II, point 2.2

Annex VI, Part 4, point 3.3

Annex II, point 3

Annex VI, Part 4, point 4

Annex III

Annex VI, Part 6, point 1

Annex IV, table

Annex VI, Part 5

Annex IV, final sentence

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Annex V, point (a), table

Annex VI, Part 3, point 1.1

Annex V, point (a), final sentences

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Annex V, point (b), table

Annex VI, Part 3, point 1.2

Annex V, point (b), final sentence

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Annex V, point (c)

Annex VI, Part 3, point 1.3

Annex V, point (d)

Annex VI, Part 3, point 1.4

Annex V, point (e)

Annex VI, Part 3, point 1.5

Annex V, point (f)

Annex VI, Part 3, point 3

Annex VI

Annex VI, Part 7

Article 1

Article 30

Article 2(2)

Annex V, Part 1, point 1 and Part 2, point 1

Article 2(3) second part

Annex V, Part 1, point 1 and Part 2, point 1

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Annex V, Part 1, last sentence of point 1

Article 2(4)

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Article 2(6)

Article 3(20)

Article 2(7), first subparagraph

Article 3(21)

Article 2(7), second subparagraph and points (a) to (i)

Article 30 , second subparagraph

Article 2(7), second subparagraph, point (j)

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Article 2(7), third subparagraph

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Article 31 (1)

Article 2(7), fourth subparagraph

Article 31 (2)

Article 2(8)

Article 3(23)

Article 2(9)

Article 31 (2)

Article 2 (10)

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Article 2(11)

Article 3(22)

Article 2(12)

Article 3(24)

Article 2(13)

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Article 3

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Article 4(1)

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Article 4(2)

Article 32 (2)

Article 4(3) to (8)

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Article 5(1)

Annex V, Part 1, point 2, last sentence

Article 5(2)

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Article 6

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Article 7(1)

Article 33

Article 7(2)

Article 32 (4)

Article 7(3)

Article 32 (5)

Article 8(1)

Article 36 (1)

Article 8(2), first part of first subparagraph

Article 36 (2), first part of first subparagraph

Article 8(2), second part of first subparagraph

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Article 36 (2), second part of first subparagraph

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Article 36 (2), second subparagraph

Article 8(2), second subparagraph

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Article 8(2), points (a) to (d)

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Article 8(3) and (4)

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Article 9

Article 32 (1)

Article 10(1), first sentence

Article 32 (6)

Article 10(1), second sentence

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Article 10(2)

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Article 12

Article 34 (1)

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Article 34 (2), (3) and (4)

Article 13

Annex V, Part 3, third part of point 8

Article 14

Annex V, Part 4

Article 15

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Article 18(2)

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Annex I

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Annex II

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Annex III and IV

Annex V, point 2 of Part 1 and Part 2

Annex V A

Annex V, Part 1, point 3

Annex V B

Annex V, Part 2, point 3

Annex VI A

Annex V, Part 1, points 4 and 5

Annex VI B

Annex V, Part 2, points 4 and 5

Annex VII A

Annex V, Part 1, points 6 and 7

Annex VII B

Annex V, Part 2, points 6 and 7

Annex VIII A point 1

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Annex VIII A point 2

Annex V, Part 3, first part of point 1 and points 2, 3 and 5

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Annex V, Part 3, second part of point 1

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Annex V, Part 3, point 4

Annex VIII A point 3

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Annex VIII A point 4

Annex V, Part 3, point 6

Annex VIII A point 5

Annex V, Part 3, points 7 and 8

Annex VIII A point 6

Annex V, Part 3, points 9 and 10

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Annex V, Part 4

Annex VIII B

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Annex VIII C

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Annex IX

Annex IX

Annex X

Annex X

(1) OJ C 77, 28.3.2002, p. 1.
(2) Opinion of 14 January 2009 .
(3) OJ C 325, 19.12.2008, p. 60 .
(4) Position of the European Parliament of 10 March 2009 .
(5) OJ L 54, 25.2.1978, p. 19. ║
(6) OJ L 378, 31.12.1982, p. 1. ║
(7) OJ L 409, 31.12.1992, p. 11.
(8) OJ L 257, 10.10.1996, p. 26. ║
(9) OJ L 85, 29.3.1999, p. 1. ║
(10) OJ L 332, 28.12.2000, p. 91.
(11) OJ L 309, 27.11.2001, p. 1. ║
(12) COM(2005) 446║.
(13) COM(2006) 231║.
(14) COM(2005) 666║.
(15) OJ L 242, 10.9.2002, p. 1.
(16) OJ L 275, 25.10.2003, p. 32. ║
(17) OJ L 175, 5.7.1985, p. 40. ║
(18) OJ L 10, 14.1.1997, p. 13. ║
(19) OJ 196, 16.8.1967, p. 1 .
(20) OJ L 143, 30.4.2004, p. 56.
(21) Convention on access to information, public participation in decision-making and access to justice in environmental matters of 1998.
(22) OJ L 309, 27.11.2001, p. 22. ║
(23) OJ L 184, 17.7.1999, p. 23. ║
(24) OJ L 159, 29.6.1996, p. 1.
(25) OJ ║ L 117, 8.5.1990, p. 1.
(26) OJ L 106, 17.4.2001, p. 1.
(27) OJ L 200, 30.7.1999, p. 1
(28) OJ L 312, 22.11.2008, p. 3.
(29) Commission Decision 2000/532/EC of 3 May 2000 replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council Decision 94/904/EC establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on hazardous waste ( OJ L 226, 6.9.2000, p. 3) .
(30) OJ L 143, 30.4.2004, p. 87.
(31) OJ L 375, 31.12.1991, p. 1.
(32) OJ L 372, 27.12.2006, p. 19
(33) OJ L 328, 6.12.2008, p. 28 .
(34) OJ L ....
(35)+ OJ: please insert number, date and publication reference.
(36) Regulation (EC) No 761/2001 of the European Parliament and of the Council of 19 March 2001 allowing voluntary participation by organisations in a Community eco-management and audit scheme (EMAS) (OJ L 114, 24.4.2001, p. 1).
(37) OJ L 41, 14.2.2003, p. 26.
(38) OJ L 273, 10.10.2002, p. 1.
(39) OJ L 74, 27.3.1993, p. 81.
(40) OJ L 30, 6.2.1993, p. 1.
(41) OJ L 396, 30.12.2006, p. 1 .
(42)* 18 months after the date of entry into force of this Directive.
(43)** 3 years after the date of entry into force of this Directive.
(44)* 3 years after the date of entry into force of this Directive.
(45)** 54 months after the date of entry into force of this Directive .
(46) OJ L 135, 30.5.1991, p. 40.
(47) OJ L 181, 4.7.1986, p. 6.
(48) OJ L 327, 22.12.2000, p. 1.
(49) OJ L 263, 9.10.2007, p. 1.


Statute for a European private company *
PDF 235k   DOC 286k
European Parliament legislative resolution of 10 March 2009 on the proposal for a Council regulation on the Statute for a European private company (COM(2008)0396 – C6-0283/2008 – 2008/0130(CNS) )
P6_TA(2009)0094 A6-0044/2009

(Consultation procedure)

The European Parliament ,

–   having regard to the Commission proposal to the Council (COM(2008)0396 ),

–   having regard to Article 308 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0283/2008 ),

–   having regard to Rule 51 of its Rules of Procedure,

–   having regard to the report of the Committee on Legal Affairs and the opinions of the Committee on Economic and Monetary Affairs and the Committee on Employment and Social Affairs (A6-0044/2009 ),

1.   Approves the Commission proposal as amended;

2.   Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;

3.   Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

4.   Calls for initiation of the conciliation procedure under the Joint Declaration of 4 March 1975 if the Council intends to depart from the text approved by Parliament;

5.   Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially;

6.   Instructs its President to forward its position to the Council and the Commission.

Text proposed by the Commission   Amendment
Amendment 1
Proposal for a regulation
Recital 2 a (new)
(2a)    Existing Community forms of company have a cross-border component. That cross-border component should not be an obstacle for the founding of a European private company (SPE). The Commission and Member States should, however, without prejudice to the requirements of registration and within two years of registration, conduct ex-post monitoring in order to examine whether the SPE has the required cross-border component;
Amendment 2
Proposal for a regulation
Recital 3
(3)   Since a private company (hereinafter "SPE" ) which may be created throughout the Community is intended for small businesses, a legal form should be provided which is as uniform as possible throughout the Community and as many matters as possible should be left to the contractual freedom of shareholders, while a high level of legal certainty is ensured for shareholders, creditors, employees and third parties in general. Given that a high degree of flexibility and freedom is to be left to the shareholders to organise the internal affairs of the SPE, the private nature of the company should also be reflected by the fact that its shares may not be offered to the public or negotiated on the capital markets, including being admitted to trading or listed on regulated markets.
(3)   Sustainable and steady growth of the internal market requires a comprehensive body of business law tailored to the needs of small and medium-sized enterprises (SMEs). Since a private company which may be created throughout the Community is intended for small businesses, a legal form should be provided which is as uniform as possible throughout the Community and as many matters as possible should be left to the contractual freedom of shareholders, while a high level of legal certainty is ensured for shareholders, creditors, employees and third parties in general. Given that a high degree of flexibility and freedom is to be left to the shareholders to organise the internal affairs of the SPE, the private nature of the company should also be reflected by the fact that its shares may not be offered to the public or negotiated on the capital markets, including being admitted to trading or listed on regulated markets.
Amendment 3
Proposal for a regulation
Recital 4
(4)   In order to enable businesses to reap the full benefits of the internal market, the SPE should be able to have its registered office and principal place of business in different Member States and to transfer its registered office from one Member State to another, with or without also transferring its central administration or principal place of business.
(4)   In order to enable businesses to reap the full benefits of the internal market, the SPE should be able to have its registered office and principal place of business in different Member States and to transfer its registered office from one Member State to another, with or without also transferring its central administration or principal place of business. At the same time, however, steps should be taken to prevent the use of SPEs to circumvent legitimate legal requirements of Member States.
Amendment 4
Proposal for a regulation
Recital 8
(8)   In order to reduce the costs and administrative burdens associated with company registration, the formalities for the registration of the SPE should be limited to those requirements which are necessary to ensure legal certainty and the validity of the documents filed upon the creation of a SPE should be subject to a single verification, which may take place either before or after registration . For the purposes of registration, it is appropriate to use the registries designated by First Council Regulation 68/151/EEC of 9 March 1968 on the co-ordination of safeguards which, for the protection of the interests of members and others, are required by Member States of companies within the meaning of the second paragraph of Article 58 of the Treaty, with a view to making such safeguards equivalent throughout the Community.
(8)   In order to reduce the costs and administrative burdens associated with company registration, the formalities for the registration of the SPE should be limited to those requirements which are necessary to ensure legal certainty and the validity of the documents filed upon the creation of a SPE should be subject to a single preventive verification. For the purposes of registration, it is appropriate to use the registries designated by First Council Regulation 68/151/EEC of 9 March 1968 on the co-ordination of safeguards which, for the protection of the interests of members and others, are required by Member States of companies within the meaning of the second paragraph of Article 58 of the Treaty, with a view to making such safeguards equivalent throughout the Community.
Amendment 5
Proposal for a regulation
Recital 8 a (new)
(8a)    In line with the Council and Commission commitments to the concept of "e-justice", all forms pertinent to the formation and registration of an SPE should be available online. Furthermore, in order to reduce duplicate filing of documents, the Commission should maintain a central registry with electronic links to the discrete national