Council Directive 1999/13/EC (repealed)Show full title

Article 5 U.K. Requirements

1. Member States shall take the appropriate measures, either by specification in the conditions of the authorisation or by general binding rules to ensure that paragraphs 2 to 12 are complied with.

2. All installations shall comply with:

(a) either the emission limit values in waste gases and the fugitive emission values, or the total emission limit values, and other requirements laid down in Annex IIA;

or

(b) the requirements of the reduction scheme specified in Annex IIB.

3. (a) For fugitive emissions, Member States shall apply fugitive emission values to installations as an emission limit value. However, where it is demonstrated to the satisfaction of the competent authority that for an individual installation this value is not technically and economically feasible, the competent authority can make an exception for such an individual installation provided that significant risks to human health or the environment are not to be expected. For each derogation, the operator must demonstrate to the satisfaction of the competent authority that the best available technique is being used;

(b) activities which cannot be operated under contained conditions may be exempted from the controls of Annex IIA, when this possibility is explicitly mentioned in that Annex. The reduction scheme of Annex IIB is then to be used, unless it is demonstrated to the satisfaction of the competent authority that this option is not technically and economically feasible. In this case, the operator must demonstrate to the satisfaction of the competent authority that the best available technique is being used.

Member States shall report to the Commission on the derogation concerning paragraphs (a) and (b) in accordance with Article 11.

4. For installations not using the reduction scheme, any abatement equipment installed after the date on which this Directive is brought into effect shall meet all the requirements of Annex IIA.

5. Installations where two or more activities are carried out, each of which exceeds the thresholds in Annex IIA shall:

(a) as regards the substances specified in paragraphs 6, 7 and 8, meet the requirements of those paragraphs for each activity individually;

(b) as regards all other substances, either:

(i)

meet the requirements of paragraph 2 for each activity individually; or

(ii)

have total emissions not exceeding those that would have resulted had point (i) been applied.

[F1 6. Substances or mixtures which, because of their content of VOCs classified as carcinogens, mutagens or toxic to reproduction under Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures (1) are assigned or need to carry the hazard statements H340, H350, H350i, H360D or H360F or the risk phrases R45, R46, R49, R60 or R61 shall be replaced, as far as possible and by taking into account the guidance referred to in Article 7(1), by less harmful substances or mixtures within the shortest possible time.]

7. For discharges of the VOCs referred to in paragraph 6, where the mass flow of the sum of the compounds causing the labelling referred to in that paragraph 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.

8. For discharges of halogenated VOCs which are assigned [F1 the risk phrases R40 or R68], where the mass flow of the sum of the compounds causing [F1 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.

The discharge of VOCs referred to in paragraphs 6 and 8 shall be controlled as emissions from an installation under contained conditions as far as technically and economically feasible to safeguard public health and the environment.

9. Discharges of those VOCs which, after the entry into force of this Directive, are assigned or need to carry one of the risk phrases mentioned in paragraphs 6 and 8, shall have to comply with the emission limit values mentioned in paragraphs 7 and 8 respectively, within the shortest possible time.

10. All appropriate precautions shall be taken to minimise emissions during start-up and shut-down.

11. Existing installations which operate existing abatement equipment and comply with the following emission limit values:

• 50 mg C/Nm³ in the case of incineration,

• 150 mg C/Nm³ in the case of any other abatement equipment,

shall be exempt from the waste gases emission limit values in the table in Annex IIA for a period of 12 years after the date referred to in Article 15, provided the total emissions of the whole installation do not exceed those that would have resulted had all the requirements of the table been met.

12. Neither the reduction scheme nor the application of paragraph 11 nor Article 6 exempt installations discharging substances specified in paragraphs 6, 7 and 8 from fulfilling the requirements of those paragraphs.

13. Where a risk assessment is carried out in accordance with Council Regulation (EEC) No 793/93(2) and Commission Regulation (EC) No 1488/94(3) or Council Directive 67/548/EEC and Commission Directive 93/67/EEC(4) of any of the substances causing [F1 the risk phrases R40, R68, R60 or R61] which are controlled under this Directive, the Commission shall consider the conclusions of the risk assessment and shall take the necessary measures as appropriate.

Textual Amendments

F1 Substituted by Directive 2008/112/EC of the European Parliament and of the Council of 16 December 2008 amending Council Directives 76/768/EEC, 88/378/EEC, 1999/13/EC and Directives 2000/53/EC, 2002/96/EC and 2004/42/EC of the European Parliament and of the Council in order to adapt them to Regulation (EC) No 1272/2008 on classification, labelling and packaging of substances and mixtures (Text with EEA relevance).

(1)

[F1 OJ L 353, 31.12.2008, p. 1 .]

(2)

OJ L 84, 5.4.1993, p. 1.

(3)

OJ L 161, 29.6.1994, p. 3.

(4)

OJ L 227, 8.9.1993, p. 9.

Textual Amendments

F1 Substituted by Directive 2008/112/EC of the European Parliament and of the Council of 16 December 2008 amending Council Directives 76/768/EEC, 88/378/EEC, 1999/13/EC and Directives 2000/53/EC, 2002/96/EC and 2004/42/EC of the European Parliament and of the Council in order to adapt them to Regulation (EC) No 1272/2008 on classification, labelling and packaging of substances and mixtures (Text with EEA relevance).