2011年9月21日委员会实施决定,制定一份问卷,该问卷用于报告综合污染预防和控制的欧洲议会和理事会指令2008/1/EC的实施情况(通报文件号C(2011) 6502)?(1)
技术法规类型:欧盟Eurlex法规 来源:tbtmap
EURLEX ID:32011D0631
OJ编号:OJ L 247, 24.9.2011, p. 47-53
中文标题:2011年9月21日委员会实施决定,制定一份问卷,该问卷用于报告综合污染预防和控制的欧洲议会和理事会指令2008/1/EC的实施情况(通报文件号C(2011) 6502)?(1)
原文标题:2011/631/EU: Commission Implementing Decision of 21 September 2011 establishing a questionnaire to be used for reporting on the implementation of Directive 2008/1/EC of the European Parliament and of the Council concerning integrated pollution prevention and control (notified under document C(2011) 6502) Text with EEA relevance
分类:15.10.20_污染物
文件类型:二级立法 Decision|决定
废止日期:2058-12-31
法规全文:查看欧盟官方文件
24.9.2011 Official
Journal
of
the
European
Union L
247/47
COMMISSION IMPLEMENTING DECISION
of 21 September 2011
establishing a questionnaire to be used for reporting on the implementation of Directive 2008/1/EC
of the European Parliament and of the Council concerning integrated pollution prevention and
control
(notified under document C(2011) 6502)
(Text with EEA relevance)
(2011/631/EU)
THE EUROPEAN COMMISSION,
pollution prevention and control)
( 3 ), the new
questionnaire should cover only 2 years, namely 2012
and 2013. For the sake of clarity, Decision 2010/728/EU
Having regard to the Treaty on the Functioning of the European
should be replaced.
Union,
(4) The
measures
provided
for
in
this
Decision
are
in
Having regard to Directive 2008/1/EC of the European
accordance with the opinion of the Committee
Parliament and of the Council of 15 January 2008 concerning
established in accordance with Article 6 of Council
integrated pollution prevention and control (
Directive 91/692/EEC ( 4 ).
1 ), and in particular
Article 17(3) thereof,
HAS ADOPTED THIS DECISION:
Whereas:
Article 1
1. Member States shall use the questionnaire set out in the
(1) Under
Directive
2008/1/EC,
Member
States
are
required Annex for reporting on the implementation of Directive
to report on the implementation of that Directive every 3
2008/1/EC.
years on the basis of a questionnaire established by the
Commission.
2. The
reports
to
be
submitted
shall
cover
the
period
from
1 January 2012 to 31 December 2013.
(2) Four
questionnaires
were
established
by
the
Commission.
The fourth one, established by Commission Decision
Article 2
2010/728/EU ( 2 ), covered the years 2009, 2010 and
2011.
Decision 2010/728/EU is repealed from 1 January 2013.
(3) Since
the questionnaire
established by Decision
Article 3
2010/728/EU is to be used for reporting until
This Decision is addressed to the Member States.
31 December 2011, a new questionnaire should be
established for the next 3-year reporting period,
taking into account the experience gained in the
implementation of Directive 2008/1/EC and in the use
Done at Brussels, 21 September 2011.
of the previous questionnaires. However, given that
Directive 2008/1/EC will be repealed from 7 January
For the Commission
2014 and replaced by Directive 2010/75/EU of the
European Parliament and of the Council of
Janez POTONIK
24 November 2010 on industrial emissions (integrated
Member of the Commission
( 1 ) OJ L 24, 29.1.2008, p. 8.
( 3 ) OJ L 334, 17.12.2010, p. 17.
( 2 ) OJ L 313, 30.11.2010, p. 13.
( 4 ) OJ L 377, 31.12.1991, p. 48.
L 247/48
EN
Official Journal of the European Union
24.9.2011
ANNEX
PART 1
Questionnaire on the implementation of Directive 2008/1/EC concerning integrated pollution prevention and
control
General notes:
This fifth questionnaire under Directive 2008/1/EC covers the years 2012 and 2013. In view of the experience gained in
the implementation of Directive 2008/1/EC and the information already obtained through the previous questionnaires,
this questionnaire focuses on the changes and progress made by Member States in the implementation of Directive
2008/1/EC. As Directive 2008/1/EC will be repealed from 7 January 2014 and replaced by Directive 2010/75/EU on
industrial emissions, the reporting period is limited to 2 years instead of 3 years. In order to ensure continuity and enable
direct comparisons to be made with previous responses, this questionnaire maintains many aspects contained in Decision
2010/728/EU. In those cases where questions are similar to those of the previous questionnaires and the situation is
unchanged, reference can simply be made to previous answers. Where there have been new developments, those
developments should be described in a new answer. When answering the questionnaire on specific questions
regarding general binding rules, or official guidelines issued by administrative bodies, please provide outline information
on the type of rules or guidelines and web links or other means of accessing them, as appropriate.
1. General
description
Have Member States experienced any difficulties in implementing Directive 2008/1/EC due to the limited avail
ability or capacity of staff resources? If so, describe those difficulties as well as any plans to address them in view of
the transition to Directive 2010/75/EU.
2.
Numbers of installations and permits (Article 2(3) and 2(4) and Article 4)
2.1. Give details of the numbers of installations as defined by Directive 2008/1/EC and permits by type of activity at the
end of the reporting period, using the template and notes laid down in Part 2.
2.2. Identification
of
IPPC
installations.
If
available,
please
provide
a
link
to
publicly
accessible
up-to-date
information
containing the names, location and main activity (Annex I) of the IPPC installations in your Member State. If such
information is not publicly available, please submit a list of all individual installations operating at the end of the
reporting period (names, location and main IPPC activity). If such a list were not available, please provide an
explanation on why this is the case.
3. Applications
for
permits
(Article
6)
Describe any general binding rules, guidance documents or application forms produced to ensure that applications
contain all the information required by Article 6, either generally or in relation to specific issues (e.g. methodology
for the assessment of significant emissions from installations).
4. Coordination
of
the
permitting
procedure
and
conditions
(Articles
7
and
8)
4.1. Describe any changes made since the last reporting period in the organisational structure of the permitting
procedures, in particular concerning the levels of competent authorities and distribution of competencies.
4.2. Are there any particular
difficulties in ensuring full coordination of the permitting procedure and conditions as
required by Article 7, especially where more than one competent authority is involved? Describe any legislation or
guidance documents produced on this issue.
4.3. What legal provisions, procedures or guidance are used to ensure that competent authorities refuse to grant a
permit in cases where an installation does not comply with the requirements of Directive 2008/1/EC? If available,
give information on the numbers and circumstances in which permits have been refused.
5.
Appropriateness and adequacy of permit conditions (Article 3(1)(d) and (f), Article 9, Article 17(1) and (2))
5.1. Describe
any
general
binding rules
or specific
guidelines
for
competent
authorities
that
have
been issued
on the
following issues:
1. the procedures and criteria for setting emission limit values and other permit conditions;
2. the general principles for the determination of best available techniques;
EN
24.9.2011 Official
Journal
of
the
European
Union L
247/49
3. the implementation of Article 9(4).
5.2. Issues related to the BAT Reference Documents (BREFs) established pursuant to Article 17(2) of Directive
2008/1/EC:
1. How, in general terms, is the information published by the Commission pursuant to Article 17(2) taken into
account generally or in specific cases when determining best available techniques?
2. How are the BREFs concretely used for setting permit conditions?
5.3. Other
issues
relating
to
permit
conditions:
(a) Have environmental management systems been taken into account in setting permit conditions? If so, how?
(b) What types of permit conditions or other measures have typically been applied for the purposes of
Article 3(1)(f) (site restoration upon definitive cessation of activities) and how have they been implemented
in practice?
(c) What types of permit conditions relating to energy efficiency have typically been determined (Article 3(1)(d))?
(d) Has the possibility set in Article 9(3) to choose not to impose requirements relating to energy efficiency been
used and, if so, how has this been implemented?
6. Environmental
quality
standards
(Article
10)
Have cases arisen where Article 10 applies and the use of best available techniques is insufficient to satisfy an
environmental quality standard (as defined in Article 2(7))? If so, give examples of such cases and the additional
measures taken.
7. Changes
to
installations
(Article
12
and
Article
2(10))
How do competent authorities decide in practice, under Article 12, whether a ‘change in operation’ may have
consequences for the environment (Article 2(10)), and whether such a change is a ‘substantial change’ that ‘may
have significant negative effects on human beings or the environment’ (Article 2(11))? Give reference to relevant
legal provisions, guidance or procedures.
8. Reconsideration
and
updating
of
permit
conditions
(Article
13)
8.1. Is the
frequency
of reconsideration
and,
where
necessary,
updating
of
permit
conditions
(Article
13) specified
in
national or sub-national law, or determined by other means, such as time limits in permits? If so, what are those
other means? Give reference to relevant legislation, guidance or procedures.
8.2. What is the representative frequency for the reconsideration of permit conditions? In cases of differences between
installations or sectors, provide illustrative information if available.
8.3. What does the process of reconsidering and updating permit conditions consist of? How is the provision to
reconsider permit conditions in cases of substantial changes in the best available techniques implemented? Give
reference to relevant legislation, guidance or procedures.
9. Compliance
with
permit
conditions
(Article
14)
9.1. How is the requirement of Article 14 that operators regularly inform authorities of the results of release monitoring
implemented in practice? Give reference to any specific regulations, procedures or guidelines for competent
authorities on this subject.
9.2. Is
a
periodic
monitoring
report
submitted
by
all
operators?
Provide
information
on
the
representative
frequency
for
the submission of such information. In cases of differences between sectors, provide illustrative information where
available.
9.3. If not already submitted in the reporting under Recommendation 2001/331/EC of the European Parliament and of
the Council of 4 April 2001 providing for minimum criteria for environmental inspections in the Member
States ( 1 ), please provide the available information as regards installations falling under the scope of Directive
2008/1/EC, on the following issues:
1. the main features of an environmental inspection performed by Competent Authorities;
2. the total number of site visits by competent authorities during the reporting period;
( 1 ) OJ L 118, 27.4.2001, p. 41.
L 247/50
EN
Official Journal of the European Union
24.9.2011
3. the total number of installations where such site visits took place during the reporting period;
4. the total number of site visits during which emission measurements and/or sampling of waste by or on behalf of
the competent authorities took place during the reporting period;
5. the types of actions (sanctions or other measures) taken as a result of accidents, incidents and non-compliance
with permit conditions during the reporting period.
10. Transboundary
cooperation
(Article
18)
In the reporting period, have there been instances of the use of Article 18 requirements in respect of transboundary
information and cooperation? Provide examples illustrative of the general procedures used.
11. General
observations
11.1. Are there any particular implementation issues that give rise to concerns in your Member State? If so, please
specify.
11.2. Is there any particular information related to the implementation of Directive 2010/75/EU in your Member State
that is relevant for interpreting the information provided under this questionnaire? If so, please specify.
PART 2
Template for response to question 2.1
INSTALLATION TYPE A.
INSTALLATIONS
B. SUBSTANTIAL
C. PERMIT RECONSIDERATION AND
CHANGES
UPDATE
4. Number of instal 5. Number of instal
2. Number of instal 3. Number of substantial
lations for which
changes undertaken
the IPPC permit has
lations for which
Main activity operated in the
lations covered by
during the reporting
been reconsidered
the IPPC permit has
Code installation as set out in Annex I to 1. Number of
a permit which is in
period without a permit
during the reporting
been updated during
Directive 2008/1/EC
installations
full compliance with
the reporting period
the Directive
issued in accordance
period in
in accordance with
2008/1/EC
with Article 12(2) of
accordance with
Directive 2008/1/EC
Article 13 of
Article 13 of
Directive 2008/1/EC
Directive 2008/1/EC
1. Energy
1.1. Combustion
1.2. Mineral
oil
and
gas
refining
1.3. Coke
ovens
1.4. Coal
gasification
and
lique
faction
2. Metals
2.1. Metal
ore
roasting/sintering
2.2. Producing
pig
iron
or
steel
2.3(a) Hot-rolling
mills
2.3(b) Smitheries
2.3(c) Applying
fused
metal
coats
2.4. Foundries
2.5(a) Producing
non-ferrous
crude
metals
2.5(b) Smelting
non-ferrous
metals
2.6. Surface
treatment
of
metals
and plastic
EN
24.9.2011 Official
Journal
of
the
European
Union L
247/51
4. Number of instal 5. Number of instal
2. Number of instal 3. Number of substantial
lations for which
changes undertaken
the IPPC permit has
lations for which
Main activity operated in the
lations covered by
during the reporting
been reconsidered
the IPPC permit has
Code installation as set out in Annex I to 1. Number of
a permit which is in
period without a permit
during the reporting
been updated during
Directive 2008/1/EC
installations
full compliance with
the reporting period
the Directive
issued in accordance
period in
in accordance with
2008/1/EC
with Article 12(2) of
accordance with
Directive 2008/1/EC
Article 13 of
Article 13 of
Directive 2008/1/EC
Directive 2008/1/EC
3. Minerals
3.1. Producing
cement
or
lime
3.2. Producing
asbestos
3.3. Manufacture
of
glass
3.4. Melting
minerals
3.5. Manufacture
of
ceramics
4. Chemicals
4.1. Producing
organic
chemicals
4.2. Producing
inorganic
chemicals
4.3. Producing
fertilisers
4.4. Producing
plant
health
products/biocides
4.5. Producing
pharmaceuticals
4.6. Producing
explosives
5. Waste
5.1. Disposal
or
recovery
of
hazardous waste
5.2. Incineration
of
municipal
waste
5.3. Disposal
of
non-hazardous
waste
5.4. Landfills
6. Other
6.1(a) Producing
pulp
6.1(b) Producing
paper
and
board
6.2. Pretreatment
or
dyeing
of
fibres or textiles
6.3. Tanning
hides
and
skins
6.4(a) Slaughterhouses
L 247/52
EN
Official Journal of the European Union
24.9.2011
4. Number of instal 5. Number of instal
2. Number of instal 3. Number of substantial
lations for which
changes undertaken
the IPPC permit has
lations for which
Main activity operated in the
lations covered by
during the reporting
been reconsidered
the IPPC permit has
Code installation as set out in Annex I to 1. Number of
a permit which is in
period without a permit
during the reporting
been updated during
Directive 2008/1/EC
installations
full compliance with
the reporting period
the Directive
issued in accordance
period in
in accordance with
2008/1/EC
with Article 12(2) of
accordance with
Directive 2008/1/EC
Article 13 of
Article 13 of
Directive 2008/1/EC
Directive 2008/1/EC
6.4(b) Treatment
and
processing
of
food products
6.4(c) Treatment
and
processing
of
milk
6.5. Disposal
or
recycling
of
animal carcasses
6.6(a) Intensive
rearing
of
poultry
6.6(b) Intensive
rearing
of
production pigs
6.6(c) Intensive
rearing
of
sows
6.7. Surface
treatment
using
organic solvents
6.8. Producing
carbon
or
electro
graphite
6.9. Capture
of
CO 2 streams
(Directive 2009/31/EC of the
European Parliament and of
the Council ( 1 ))
Totals
( 1 ) OJ L 140, 5.6.2009, p. 114.
Explanatory notes to the template:
The collection of data in this template will be based on the ‘number of installations’ and the ‘number of substantial
changes’ using the definitions of ‘installation’ in Article 2(3) and ‘substantial change’ in Article 2(11) of Directive
2008/1/EC.
The ‘installation type’ refers to the main activity operated in the installation. Installations should only be reported under
one single activity, also where several IPPC activities are being operated within the installation.
Further guidance and explanation in relation to the data to be provided in the Table are given in the notes below.
Member States are requested to complete the Table as far as possible.
A. ‘NUMBER OF INSTALLATIONS’ at the end of the reporting period (31 December 2013).
1. Number of installations: total number of IPPC installations (both existing and new) operating in the Member States
at the end of the reporting period regardless of the status of their permits.
2. Number of installations covered by a permit which is in full compliance with Directive 2008/1/EC: total number of
IPPC installations covered by one or more permits granted in accordance with Directive 2008/1/EC (including pre-
IPPC permits which have been reconsidered/updated) regardless of when the permit(s) had been issued or whether
the permit has been reconsidered, updated, or amended/renewed due to any reason.
For counting the number of installations to be reported, Member States shall consider the status of the permit(s)
covering each installation at the end of the reporting period. Please note that the numbers refer to installations, not
permits (since one installation may be covered by several permits and vice versa).
EN
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of
the
European
Union L
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Consistency rule: the total number of IPPC installations (1) minus the total number of installations covered by a
permit which is in full compliance with Directive 2008/1/EC (2) shall be equal to the number of
installations which are not covered by a fully compliant IPPC permit for any reason (procedure not
concluded, not full coverage of all activities, etc.). Where this figure is different from zero, this
indicates a potential breach of Directive 2008/1/EC.
B. ‘SUBSTANTIAL CHANGES’ during the reporting period (1 January 2012-31 December 2013).
3. Number of substantial changes undertaken during the reporting period without a permit issued in accordance with
Article 12(2) of Directive 2008/1/EC: number of substantial changes known to the competent authorities which
were effectively implemented by the operators without a permit as required under Article 12(2).
Where this figure is different from zero, this indicates a potential breach of the IPPC provisions.
C. ‘PERMIT RECONSIDERATION AND UPDATE’ during the reporting period (1 January 2012-31 December 2013).
4. Number of installations for which the IPPC permit has been reconsidered during the reporting period in accordance
with Article 13 of Directive 2008/1/EC: total number of installations covered by one or more permits which have
been reconsidered in accordance with Article 13.
5. Number of installations for which the IPPC permit has been updated during the reporting period in accordance
with Article 13 of Directive 2008/1/EC: total number of installations covered by one or more permits which have
been updated in accordance with Article 13.
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