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Directive 2001/42/EC1, which extended the environmental assessment system
at the planning stage (impact of certain plans and programmes on the
environment). It includes measures for information on procedures to be made
public and provision for public opinion and opinion of the authorities
responsible for the environment to be sought ahead of the decision to adopt
the plan or programme.
123. Directive 96/61/EC2 on integrated pollution prevention and control made it
compulsory for member states to establish a procedure for applying for operating
permits prior to the installation of highly polluting industrial activities (see below).
Integrated pollution prevention and control: IPPC Directive
124. Under the IPPC Directive, industrial and agricultural activities with a high
pollution potential must have a permit. To be granted this permit, industrial or
agricultural installations must meet certain basic requirements. In particular they
must:
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take every appropriate measure to prevent pollution, making particular use of
“best available techniques” (BAT);
prevent all large-scale pollution;
prevent, recycle or dispose of waste in the least polluting way possible;
use energy efficiently;
prevent accidents and curb their effects;
restore sites to their original state when activities are over.
125. The expression “best available techniques” is defined in Article 2 of the
Directive as “the most effective and advanced stage in the development of activities
and their methods of operation which indicate the practical suitability of particular
techniques for providing in principle the basis for emission limit values”.
126.
The decision to issue a permit must also contain a number of requirements:
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emission limit values for polluting substances (with the exception of
greenhouse gases if the emissions trading scheme applies – see below);
any soil, water and air protection measures required;
waste management measures;
measures to be taken in exceptional circumstances (leaks, malfunctions,
temporary or permanent stoppages, etc.);
measures to minimise long-distance or cross-border pollution;
release monitoring;
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1
2
Official Journal L 197, 21/07/2001 p. 0030 – 0037; deadline for transposition 21 July 2004
Official Journal L 257, 10/10/1996, p. 0026 – 0040; deadline for transposition 30 October 1999
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