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31996L0061

Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control

Official Journal L 257 , 10/10/1996 P. 0026 - 0040

COUNCIL DIRECTIVE 96/61/EC of 24 September 1996 concerning integrated pollution prevention and controlTHE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 130s (1) thereof,Having regard to the proposal from the Commission (1),Having regard to the opinion of the Economic and Social Committee (2),Acting in accordance with the procedure laid down in Article 189c of the Treaty (3),1. Whereas the objectives and principles of the Community's environment policy, as set out in Article 130r of the Treaty, consist in particular of preventing, reducing and as far as possible eliminating pollution by giving priority to intervention at source and ensuring prudent management of natural resources, in compliance with the 'polluter pays` principle and the principle of pollution prevention;2. Whereas the Fifth Environmental Action Programme, the broad outline of which was approved by the Council and the Representatives of the Governments of the Member States, meeting within the Council, in the resolution of 1 February 1993 on a Community programme of policy and action in relation to the environment and sustainable development (4), accords priority to integrated pollution control as an important part of the move towards a more sustainable balance between human activity and socio-economic development, on the one hand, and the resources and regenerative capacity of nature, on the other;3. Whereas the implementation of an integrated approach to reduce pollution requires action at Community level in order to modify and supplement existing Community legislation concerning the prevention and control of pollution from industrial plants;4. Whereas Council Directive 84/360/EEC of 28 June 1984 on the combating of air pollution from industrial plants (5) introduced a general framework requiring authorization prior to any operation or substantial modification of industrial installations which may cause air pollution;5. Whereas Council Directive 76/464/EEC of 4 May 1976 on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community (6) introduced an authorization requirement for the discharge of those substances;6. Whereas, although Community legislation exists on the combating of air pollution and the prevention or minimization of the discharge of dangerous substances into water, there is no comparable Community legislation aimed at preventing or minimizing emissions into soil;7. Whereas 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;8. Whereas the objective of an integrated approach to pollution control is to prevent emissions into air, water or soil wherever this is practicable, taking into account waste management, and, where it is not, to minimize them in order to achieve a high level of protection for the environment as a whole;9. Whereas this Directive establishes a general framework for integrated pollution prevention and control; whereas it lays down the measures necessary to implement integrated pollution prevention and control in order to achieve a high level of protection for the environment as a whole; whereas application of the principle of sustainable development will be promoted by an integrated approach to pollution control;10. Whereas the provisions of this Directive apply without prejudice to the provisions of Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of public and private projects on the environment (7); whereas, when information or conclusions obtained further to the application of that Directive have to be taken into consideration for the granting of authorization, this Directive does not affect the implementation of Directive 85/337/EEC;11. Whereas the necessary steps must be taken by the Member States in order to ensure that the operator of the industrial activities referred to in Annex I is complying with the general principles of certain basic obligations; whereas for that purpose it would suffice for the competent authorities to take those general principles into account when laying down the authorization conditions;12. Whereas some of the provisions adopted pursuant to this Directive must be applied to existing installations after a fixed period and others as from the date of implementation of this Directive;13. Whereas, in order to tackle pollution problems more effectively and efficiently, environmental aspects should be taken into consideration by the operator; whereas those aspects should be communicated to the competent authority or authorities so that they can satisfy themselves, before granting a permit, that all appropriate preventive or pollution-control measures have been laid down; whereas very different application procedures may give rise to different levels of environmental protection and public awareness; whereas, therefore, applications for permits under this Directive should include minimum data;14. Whereas full coordination of the authorization procedure and conditions between competent authorities will make it possible to achieve the highest practicable level of protection for the environment as a whole;15. Whereas the competent authority or authorities will grant or amend a permit only when integrated environmental protection measures for air, water and land have been laid down;16. Whereas the permit is to include all necessary measures to fulfil the authorization conditions in order thus to achieve a high level of protection for the environment as a whole; whereas, without prejudice to the authorization procedure, those measures may also be the subject of general binding requirements;17. Whereas emission limit values, parameters or equivalent technical measures should be based on the best available techniques, without prescribing the use of one specific technique or technology and taking into consideration the technical characteristics of the installation concerned, its geographical location and local environmental conditions; whereas in all cases the authorization conditions will lay down provisions on minimizing long-distance or transfrontier pollution and ensure a high level of protection for the environment as a whole;18. Whereas it is for the Member States to determine how the technical characteristics of the installation concerned, its geographical location and local environmental conditions can, where appropriate, be taken into consideration;19. Whereas, when an environmental quality standard requires more stringent conditions than those that can be achieved by using the best available techniques, supplementary conditions will in particular be required by the permit, without prejudice to other measures that may be taken to comply with the environmental quality standards;20. Whereas, because best available techniques will change with time, particularly in the light of technical advances, the competent authorities must monitor or be informed of such progress;21. Whereas, changes to an installation may give rise to pollution; whereas the competent authority or authorities must therefore be notified of any change which might affect the environment; whereas substantial changes to plant must be subject to the granting of prior authorization in accordance with this Directive;22. Whereas the authorization conditions must be periodically reviewed and if necessary updated; whereas, under certain conditions, they will in any event be re-examined;23. Whereas, in order to inform the public of the operation of installations and their potential effect on the environment, and in order to ensure the transparency of the licensing process throughout the Community, the public must have access, before any decision is taken, to information relating to applications for permits for new installations or substantial changes and to the permits themselves, their updating and the relevant monitoring data;24. Whereas the establishment of an inventory of principal emissions and sources responsible may be regarded as an important instrument making it possible in particular to compare pollution activities in the Community; whereas such an inventory will be prepared by the Commission, assisted by a regulatory committee;25. Whereas the development and exchange of information at Community level about best available techniques will help to redress the technological imbalances in the Community, will promote the worldwide dissemination of limit values and techniques used in the Community and will help the Member States in the efficient implementation of this Directive;26. Whereas reports on the implementation and effectiveness of this Directive will have to be drawn up regularly;27. Whereas this Directive is concerned with installations whose potential for pollution, and therefore transfrontier pollution, is significant; whereas transboundary consultation is to be organized where applications relate to the licensing of new installations or substantial changes to installations which are likely to have significant negative environmental effects; whereas the applications relating to such proposals or substantial changes will be available to the public of the Member State likely to be affected;28. Whereas the need for action may be identified at Community level to lay down emission limit values for certain categories of installation and pollutant covered by this Directive; whereas the Council will set such emission limit values in accordance with the provisions of the Treaty;29. Whereas the provisions of this Directive apply without prejudice to Community provisions on health and safety at the workplace,HAS ADOPTED THIS DIRECTIVE:Article 1 Purpose and scope The purpose of this Directive is to achieve integrated prevention and control of pollution arising from the activities listed in Annex I. It lays down measures designed to prevent or, where that is not practicable, to reduce emissions in the air, water and land from the abovementioned activities, including measures concerning waste, in order to achieve a high level of protection of the environment taken as a whole, without prejudice to Directive 85/337/EEC and other relevant Community provisions.Article 2 Definitions For the purposes of this Directive:1. 'substance` shall mean any chemical element and its compounds, with the exception of radioactive substances within the meaning of Directive 80/836/Euratom (8) and genetically modified organisms within the meaning of Directive 90/219/EEC (9) and Directive 90/220/EEC (10);2. 'pollution` shall mean 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` shall mean a stationary technical unit where one or more activities listed in Annex I are carried out, and any other directly associated activities which have a technical connection with the activities carried out on that site and which could have an effect on emissions and pollution;4. 'existing installation` shall mean an installation in operation or, in accordance with legislation existing before the date on which this Directive is brought into effect, an installation authorized or in the view of the competent authority the subject of a full request for authorization, provided that that installation is put into operation no later than one year after the date on which this Directive is brought into effect;5. 'emission` shall mean the direct or indirect release of substances, vibrations, heat or noise from individual or diffuse sources in the installation into the air, water or land;6. 'emission limit values` shall mean 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. Emission limit values may also be laid down for certain groups, families or categories of substances, in particular for those listed in Annex III.The emission limit values for substances shall normally apply at the point where the emissions leave the installation, any dilution being disregarded when determining them. With regard to indirect releases into water, the effect of a water treatment plant may be taken into account when determining the emission limit values of the installation involved, provided that an equivalent level is guaranteed for the protection of the environment as a whole and provided this does not lead to higher levels of pollution in the environment, without prejudice to Directive 76/464/EEC or the Directives implementing it;7. 'environmental quality standard` shall mean 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;8. 'competent authority` shall mean the authority or authorities or bodies responsible under the legal provisions of the Member States for carrying out the obligations arising from this Directive;9. 'permit` shall mean that part or the whole of a written decision (or several such decisions) granting authorization to operate all or part of an installation, subject to certain conditions which guarantee that the installation complies with the requirements of this Directive. A permit may cover one or more installations or parts of installations on the same site operated by the same operator;10. (a) 'change in operation` shall mean a change in the nature or functioning, or an extension, of the installation which may have consequences for the environment;(b) 'substantial change` shall mean a change in operation which, in the opinion of the competent authority, may have significant negative effects on human beings or the environment;11. 'best available techniques` shall mean the most effective and advanced stage in the development of activities and their methods of operation which indicate the practical suitability of particular techniques for providing in principle the basis for emission limit values designed to prevent and, where that is not practicable, generally to reduce emissions and the impact on the environment as a whole:- 'techniques` shall include both the technology used and the way in which the installation is designed, built, maintained, operated and decommissioned,- 'available` techniques shall mean those developed on a scale which allows implementation in the relevant industrial sector, under economically and technically viable conditions, taking into consideration the costs and advantages, whether or not the techniques are used or produced inside the Member State in question, as long as they are reasonably accessible to the operator,- 'best` shall mean most effective in achieving a high general level of protection of the environment as a whole.In determining the best available techniques, special consideration should be given to the items listed in Annex IV;12. 'operator` shall mean any natural or legal person who operates or controls the installation or, where this is provided for in national legislation, to whom decisive economic power over the technical functioning of the installation has been delegated.Article 3 General principles governing the basic obligations of the operator Member States shall take the necessary measures to provide that the competent authorities ensure that installations are operated in such a way that:(a) all the appropriate preventive measures are taken against pollution, in particular through application of the best available techniques;(b) no significant pollution is caused;(c) waste production is avoided in accordance with Council Directive 75/442/EEC of 15 July 1975 on waste(11); 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;(d) energy is used efficiently;(e) the necessary measures are taken to prevent accidents and limit their consequences;(f) the necessary measures are taken upon definitive cessation of activities to avoid any pollution risk and return the site of operation to a satisfactory state.For the purposes of compliance with this Article, it shall be sufficient if Member States ensure that the competent authorities take account of the general principles set out in this Article when they determine the conditions of the permit.Article 4 Permits for new installations Member States shall take the necessary measures to ensure that no new installation is operated without a permit issued in accordance with this Directive, without prejudice to the exceptions provided for in Council Directive 88/609/EEC of 24 November 1988 on the limitation of emissions of certain pollutants into the air from large combustion plants (12).Article 5 Requirements for the granting of permits for existing installations 1. Member States shall take the necessary measures to ensure that the competent authorities see to it, by means of permits in accordance with Articles 6 and 8 or, as appropriate, by reconsidering and, where necessary, by updating the conditions, that existing installations operate in accordance with the requirements of Articles 3, 7, 9, 10, 13, the first and second indents of 14, and 15 (2) not later than eight years after the date on which this Directive is brought into effect, without prejudice to specific Community legislation.2. Member States shall take the necessary measures to apply the provisions of Articles 1, 2, 11, 12, 14, third indent, 15 (1), (3) and (4), 16, 17 and 18 (2) to existing installations as from the date on which this Directive is brought into effect.Article 6 Applications for permits 1. Member States shall take the necessary measures to ensure that an application to the competent authority for a permit includes a description of:- the installation and its activities,- the raw and auxiliary materials, other substances and the energy used in or generated by the installation,- the sources of emissions from the installation,- the conditions of the site of the installation,- 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,- the proposed technology and other techniques for preventing or, where this not possible, reducing emissions from the installation,- where necessary, measures for the prevention and recovery of waste generated by the installation,- further measures planned to comply with the general principles of the basic obligations of the operator as provided for in Article 3,- measures planned to monitor emissions into the environment.An application for a permit shall also include a non-technical summary of the details referred to in the above indents.2. Where information supplied in accordance with the requirements provided for in Directive 85/337/EEC or a safety report prepared in accordance with Council Directive 82/501/EEC of 24 June 1982 on the major-accident hazards of certain industrial activities (13) or other information produced in response to other legislation fulfils any of the requirements of this Article, that information may be included in, or attached to, the application.Article 7 Integrated approach to issuing permits Member States shall take the measures necessary to ensure that the conditions of, and procedure for the grant of, the permit are fully coordinated where more than one competent authority is involved, in order to guarantee an effective integrated approach by all authorities competent for this procedure.Article 8 Decisions Without prejudice to other requirements laid down in national or Community legislation, the competent authority shall grant a permit containing conditions guaranteeing that the installation complies with the requirements of this Directive or, if it does not, shall refuse to grant the permit.All permits granted and modified permits must include details of the arrangements made for air, water and land protection as referred to in this Directive.Article 9 Conditions of the permit 1. Member States shall ensure that the permit includes all measures necessary for compliance with the requirements of Articles 3 and 10 for the granting of permits in order to achieve a high level of protection for the environment as a whole by means of protection of the air, water and land.2. 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 and 7 of that Directive shall be taken into consideration for the purposes of granting the permit.3. The permit shall include emission limit values for pollutants, in particular, those listed in in Annex III, 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 (water, air and land). If necessary, the permit shall include appropriate requirements ensuring protection of the soil and ground water and measures concerning the management of waste generated by the installation. Where appropriate, limit values may be supplemented or replaced by equivalent parameters or technical measures.For installations under subheading 6.6 in Annex I, emission limit values laid down in accordance with this paragraph shall take into account practical considerations appropriate to these categories of installation.4. Without prejudice to Article 10, the emission limit values and the equivalent parameters and technical measures referred to in paragraph 3 shall be based on the best available techniques, without prescribing the use of any technique or specific technology, but taking into account the technical characteristics of the installation concerned, its geographical location and the local environmental conditions. In all circumstances, the conditions of the permit shall contain provisions on the minimization of long-distance or transboundary pollution and ensure a high level of protection for the environment as a whole.5. The permit shall contain suitable release monitoring requirements, specifying measurement methodology and frequency, evaluation procedure and an obligation to supply the competent authority with data required for checking compliance with the permit.For installations under subheading 6.6 in Annex I, the measures referred to in this paragraph may take account of costs and benefits.6. The permit shall contain measures relating to conditions other than normal operating conditions. Thus, where there is a risk that the environment may be affected, appropriate provision shall be made for start-up, leaks malfunctions, momentary stoppages and definitive cessation of operations.The permit may also contain temporary derogations from the requirements of paragraph 4 if a rehabilitation plan approved by the competent authority ensures that these requirements will be met within six months and if the project leads to a reduction of pollution.7. The permit may contain such other specific conditions for the purposes of this Directive as the Member State or competent authority may think fit.8. Without prejudice to the obligation to implement a permit procedure pursuant to this Directive, Member States may prescribe certain requirements for certain categories of installations in general binding rules instead of including them in individual permit conditions, provided that an integrated approach and an equivalent high level of environmental protection as a whole are ensured.Article 10 Best available techniques and 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 in particular be required in the permit, without prejudice to other measures which might be taken to comply with environmental quality standards.Article 11 Developments in best available techniques Member States shall ensure that the competent authority follows or is informed of developments in best available techniques.Article 12 Changes by operators to installations 1. Member States shall take the necessary measures to ensure that the operator informs the competent authorities of any changes planned in the operation of the installation as referred to in Article 2 (10) (a). Where appropriate, the competent authorities shall update the permit or the conditions.2. Member States shall take the necessary measures to ensure that no substantial change in the operation of the installation within the meaning of Article 2 (10) (b) 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 must cover those parts of the installation and those aspects listed in Article 6 that may be affected by the change. The relevant provisions of Articles 3 and 6 to 10 and Article 15 (1), (2) and (4) shall apply mutatis mutandis.Article 13 Reconsideration and updating of permit conditions by the competent authority 1. Member States shall take the necessary measures to ensure that competent authorities periodically reconsider and, where necessary, update permit conditions.2. The reconsideration shall be undertaken in any event where:- 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,- substantial changes in the best available techniques make it possible to reduce emissions significantly without imposing excessive costs,- the operational safety of the process or activity requires other techniques to be used,- new provisions of Community or national legislation so dictate.Article 14 Compliance with permit conditions Member States shall take the necessary measures to ensure that:- the conditions of the permit are complied with by the operator when operating the installation,- the operator regularly informs the competent authority of the results of the monitoring of releases and without delay of any incident or accident significantly affecting the environment,- operators of installations afford the representatives of the competent authority all necessary assistance to enable them to carry out any inspections within the installation, to take samples and to gather any information necessary for the performance of their duties for the purposes of this Directive.Article 15 Access to information and public participation in the permit procedure 1. Without prejudice to Council Directive 90/313/EEC of 7 June 1990 on the freedom of access to information on the environment (14), Member States shall take the necessary measures to ensure that applications for permits for new installations or for substantial changes are made available for an appropriate period of time to the public, to enable it to comment on them before the competent authority reaches its decision.That decision, including at least a copy of the permit, and any subsequent updates, must be made available to the public.2. The results of monitoring of releases as required under the permit conditions referred to in Article 9 and held by the competent authority must be made available to the public.3. An inventory of the principal emissions and sources responsible shall be published every three years by the Commission on the basis of the data supplied by the Member States. The Commission shall establish the format and particulars needed for the transmission of information in accordance with the procedure laid down in Article 19.In accordance with the same procedure, the Commission may propose measures to ensure inter-comparability and complementarity between data concerning the inventory of emissions referred to in the first subparagraph and data from other registers and sources of data on emissions.4. Paragraphs 1, 2 and 3 shall apply subject to the restrictions laid down in Article 3 (2) and (3) of Directive 90/313/EEC.Article 16 Exchange of information 1. With a view to exchanging information, Member States shall take the necessary measures to send the Commission every three years, and for the first time within 18 months of the date on which this Directive is brought into effect, the available representative data on the limit values laid down by specific category of activities in accordance with Annex I and, if appropriate, the best available techniques from which those values are derived in accordance with, in particular, Article 9. On subsequent occasions the data shall be supplemented in accordance with the procedures laid down in paragraph 3 of this Article.2. The Commission shall organize an exchange of information between Member States and the industries concerned on best available techniques, associated monitoring, and developments in them. Every three years the Commission shall publish the results of the exchanges of information.3. Reports on the implementation of this Directive and its effectiveness compared with other Community environmental instruments shall be established in accordance with the procedure laid down in Articles 5 and 6 of Directive 91/692/EEC. The first report shall cover the three years following the date on which this present Directive is brought into effect as referred to in Article 21. The Commission shall submit the report to the Council, accompanied by proposals if necessary.4. Member States shall establish or designate the authority or authorities which are to be responsible for the exchange of information under paragraphs 1, 2 and 3 and shall inform the Commission accordingly.Article 17 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 likely to be significantly affected so requests, the Member State in whose territory the application for a permit pursuant to Article 4 or Article 12 (2) was submitted shall forward the information provided pursuant to Article 6 to the other Member State at the same time as it makes it available to its own nationals. 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 see to it 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.Article 18 Community emission limit values 1. Acting on a proposal from the Commission, the Council will set emission limit values, in accordance with the procedures laid down in the Treaty, for:- the categories of installations listed in Annex I except for the landfills covered by categories 5.1 and 5.4 of that Annex,and- the polluting substances referred to in Annex III,for which the need for Community action has been identified, on the basis, in particular, of the exchange of information provided for in Article 16.2. In the absence of Community emission limit values defined pursuant to this Directive, the relevant emission limit values contained in the Directives referred to in Annex II and in other Community legislation shall be applied as minimum emission limit values pursuant to this Directive for the installations listed in Annex I.Without prejudice to the requirements of this Directive, the technical requirements applicable for the landfills covered by categories 5.1 and 5.4 of Annex I, shall be fixed by the Council, acting on a proposal by the Commission, in accordance with the procedures laid down in the Treaty.Article 19 Committee procedure referred to in Article 15 (3) The Commission shall be assisted by a committee composed of the representatives of the Member States and chaired by the representative of the Commission.The representative of the Commission shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft within a time limit which the chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the committee shall be weighted in the manner set out in that Article. The chairman shall not vote.The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the committee.If the measures are not in accordance with the opinion of the committee, or if no opinion is delivered, the Commission shall, without delay, submit to the Council a proposal relating to the measures to be taken. The Council shall act by a qualified majority.If, on the expiry of a period of three months from the date of referral to the Council, the Council has not acted, the proposed measures shall be adopted by the Commission.Article 20 Transitional provisions 1. The provisions of Directive 84/360/EEC, the provisions of Articles 3, 5, 6 (3) and 7 (2) of Directive 76/464/EEC and the relevant provisions concerning authorization systems in the Directives listed in Annex II shall apply, without prejudice to the exceptions provided for in Directive 88/609/EEC, to existing installations in respect of activities listed in Annex I until the measures required pursuant to Article 5 of this Directive have been taken by the competent authorities.2. The relevant provisions concerning authorization systems in the Directives referred to in paragraph 1 shall not apply to installations which are new in respect of the activities listed in Annex I on the date on which this Directive is brought into effect.3. Directive 84/360/EEC shall be repealed 11 years after the date of entry into force of this Directive.As soon as the measures provided for in Article 4, 5 or 12 have been taken in respect of an installation, the exception provided for in Article 6 (3) of Directive 76/464/EEC shall no longer apply to installations covered by this Directive.Acting on a proposal from the Commission, the Council shall, where necessary, amend the relevant provisions of the Directives referred to in Annex II in order to adapt them to the requirements of this Directive before the date of repeal of Directive 84/360/EEC, referred to in the first subparagraph.Article 21 Bringing into effect 1. Member States shall adopt the laws, regulations and administrative provisions necessary to comply with this Directive no later than three years after its entry into force. They shall forthwith inform the Commission thereof.When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.2. Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field covered by this Directive.Article 22 This Directive shall enter into force on the 20th day following its publication.Article 23 This Directive is addressed to the Member States.Done at Brussels, 24 September 1996.For the CouncilThe PresidentE. FITZGERALD(1) OJ No C 311, 17. 11. 1993, p. 6 and OJ No C 165, 1. 7. 1995, p. 9.(2) OJ No C 195, 18. 7. 1995, p. 54.(3) Opinion of the European Parliament of 14 December 1994 (OJ No C 18, 23. 1. 1995, p. 96), Council common position of 27 November 1995 (OJ No C 87, 25. 3. 1996, p. 8) and Decision of the European Parliament of 22 May 1996 (OJ No C 166, 10. 6. 1996).(4) OJ No C 138, 17. 5. 1993, p. 1.(5) OJ No L 188, 16. 7. 1984, p. 20. Directive as last amended by Directive 91/692/EEC (OJ No L 377, 31. 12. 1991, p. 48).(6) OJ No L 129, 18. 5. 1976, p. 23. Directive as last amended by Directive 91/692/EEC.(7) OJ No L 175, 5. 7. 1985, p. 40.(8) Council Directive 80/836/Euratom of 15 July 1980 amending the Directives laying down the basic safety standards for the health protection of the general public and workers against the dangers of ionizing radiation (OJ No L 246, 17. 9. 1980, p. 1). Directive as amended by Directive 84/467/EEC (OJ No L 265, 5. 10. 1984, p. 4).(9) Council Directive 90/219/EEC of 23 April 1990 on the contained use of genetically modified micro-organisms (OJ No L 117, 8. 5. 90, p. 1). Directive as amended by Commission Directive 94/51/EC (OJ No L 297, 18. 11. 1994, p. 29).(10) Council Directive 90/220/EEC of 23 April 1990 on the deliberate release into the environment of genetically modified organisms (OJ No L 117, 8. 5. 1990, p. 15). Directive as amended by Commission Directive 94/15/EC (OJ No L 103, 22. 4. 1994, p. 20).(11) OJ No L 194, 25. 7. 1975, p. 39. Directive as last amended by Directive 91/692/EEC (OJ No L 377, 31. 12. 1991, p. 48).(12) OJ No L 336, 7. 12. 1988, p. 1. Directive as last amended by Directive 90/656/EEC (OJ No L 353, 17. 12. 1990, p. 59).(13) OJ No L 230, 5. 8. 1982, p. 1. Directive as last amended by Directive 91/692/EEC (OJ No L 377, 31. 12. 1991, p. 48).(14) OJ No L 158, 23. 6. 1990, p. 56.ANNEX I CATEGORIES OF INDUSTRIAL ACTIVITIES REFERRED TO IN ARTICLE 1 1. Installations or parts of installations used for research, development and testing of new products and processes are not covered by this Directive.2. The threshold values given below generally refer to production capacities or outputs. Where one operator carries out several activities falling under the same subheading in the same installation or on the same site, the capacities of such activities are added together.1. Energy industries 1.1. Combustion installations with a rated thermal input exceeding 50 MW (1)1.2. Mineral oil and gas refineries1.3. Coke ovens1.4. Coal gasification and liquefaction plants2. Production and processing of metals 2.1. Metal ore (including sulphide ore) roasting or sintering installations2.2. Installations for the production of pig iron or steel (primary or secondary fusion) including continuous casting, with a capacity exceeding 2,5 tonnes per hour2.3. Installations for the processing of ferrous metals:(a) hot-rolling mills with a capacity exceeding 20 tonnes of crude steel per hour(b) 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 hour2.4. Ferrous metal foundries with a production capacity exceeding 20 tonnes per day2.5. Installations(a) for the production of non-ferrous crude metals from ore, concentrates or secondary raw materials by metallurgical, chemical or electrolytic processes(b) for the smelting, including the alloyage, of non-ferrous metals, including recovered products, (refining, foundry casting, etc.) with a melting capacity exceeding 4 tonnes per day for lead and cadmium or 20 tonnes per day for all other metals2.6. Installations for surface treatment of metals and plastic materials using an electrolytic or chemical process where the volume of the treatment vats exceeds 30 m³3. Mineral industry 3.1. Installations for the production of cement clinker in rotary kilns with a production capacity exceeding 500 tonnes per day or lime in rotary kilns with a production capacity exceeding 50 tonnes per day or in other furnaces with a production capacity exceeding 50 tonnes per day3.2. Installations for the production of asbestos and the manufacture of asbestos-based products3.3. Installations for the manufacture of glass including glass fibre with a melting capacity exceeding 20 tonnes per day3.4. Installations for melting mineral substances including the production of mineral fibres with a melting capacity exceeding 20 tonnes per day3.5. Installations for the manufacture of ceramic products by firing, in particular roofing tiles, bricks, refractory bricks, tiles, stoneware or porcelain, with a production capacity exceeding 75 tonnes per day, and/or with a kiln capacity exceeding 4 m³ and with a setting density per kiln exceeding 300 kg/m³4. Chemical industry Production within the meaning of the categories of activities contained in this section means the production on an industrial scale by chemical processing of substances or groups of substances listed in Sections 4.1 to 4.64.1. Chemical installations for the production of basic 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 surfactants4.2. Chemical installations for the production of basic 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 carbide4.3. Chemical installations for the production of phosphorous-, nitrogen- or potassium-based fertilizers (simple or compound fertilizers)4.4. Chemical installations for the production of basic plant health products and of biocides4.5. Installations using a chemical or biological process for the production of basic pharmaceutical products4.6. Chemical installations for the production of explosives5. Waste management Without prejudice of Article 11 of Directive 75/442/EEC or Article 3 of Council Directive 91/689/EEC of 12 December 1991 on hazardous waste (2):5.1. Installations for the disposal or recovery of hazardous waste as defined in the list referred to in Article 1 (4) of Directive 91/689/EEC, as defined in Annexes II A and II B (operations R1, R5, R6, R8 and R9) to Directive 75/442/EEC and in Council Directive 75/439/EEC of 16 June 1975 on the disposal of waste oils (3), with a capacity exceeding 10 tonnes per day5.2. Installations for the incineration of municipal waste as defined in Council Directive 89/369/EEC of 8 June 1989 on the prevention of air pollution from new municipal waste incineration plants (4) and Council Directive 89/429/EEC of 21 June 1989 on the reduction of air pollution from existing municipal waste-incineration plants (5) with a capacity exceeding 3 tonnes per hour5.3. Installations for the disposal of non-hazardous waste as defined in Annex II A to Directive 75/442/EEC under headings D8 and D9, with a capacity exceeding 50 tonnes per day5.4. Landfills receiving more than 10 tonnes per day or with a total capacity exceeding 25 000 tonnes, excluding landfills of inert waste6. Other activities 6.1. Industrial plants for the production of:(a) pulp from timber or other fibrous materials(b) paper and board with a production capacity exceeding 20 tonnes per day6.2. Plants for the pre-treatment (operations such as washing, bleaching, mercerization) or dyeing of fibres or textiles where the treatment capacity exceeds 10 tonnes per day6.3. Plants for the tanning of hides and skins where the treatment capacity exceeds 12 tonnes of finished products per day6.4. (a) Slaughterhouses with a carcase production capacity greater than 50 tonnes per day(b) Treatment and processing intended for the production of food products from:- animal raw materials (other than milk) with a finished product production capacity greater than 75 tonnes per day- vegetable raw materials with a finished product production capacity greater than 300 tonnes per day (average value on a quarterly basis)(c) Treatment and processing of milk, the quantity of milk received being greater than 200 tonnes per day (average value on an annual basis)6.5. Installations for the disposal or recycling of animal carcases and animal waste with a treatment capacity exceeding 10 tonnes per day6.6. Installations for the intensive rearing of poultry or pigs with more than:(a) 40 000 places for poultry(b) 2 000 places for production pigs (over 30 kg), or(c) 750 places for sows6.7. Installations for the surface treatment of substances, objects or products using organic solvents, in particular for dressing, printing, coating, degreasing, waterproofing, sizing, painting, cleaning or impregnating, with a consumption capacity of more than 150 kg per hour or more than 200 tonnes per year6.8. Installations for the production of carbon (hard-burnt coal) or electrographite by means of incineration or graphitization(1) The material requirements of Directive 88/609/EEC for existing installations still apply until 31 December 2003.(2) OJ No L 377, 31. 12. 1991, p. 20. Directive as amended by Directive 94/31/EC (OJ No L 168, 2. 7. 1994, p. 28).(3) Oj No L 194, 25. 7. 1975, p. 23. Directive as last amended by Directive 91/692/EEC (OJ No L 377, 31. 12. 1991, p. 48).(4) OJ No L 163, 14. 6. 1989, p. 32.(5) OJ No L 203, 15. 7. 1989, p. 50.ANNEX II LIST OF THE DIRECTIVES REFERRED TO IN ARTICLES 18 (2) AND 20 1. Directive 87/217/EEC on the prevention and reduction of environmental pollution by asbestos2. Directive 82/176/EEC on limit values and quality objectives for mercury discharges by the chlor-alkali electrolysis industry3. Directive 83/513/EEC on limit values and quality objectives for cadmium discharges4. Directive 84/156/EEC on limit values and quality objectives for mercury discharges by sectors other than the chlor-alkali electrolysis industry5. Directive 84/491/EEC on limit values and quality objectives for discharges of hexachlorocyclohexane6. Directive 86/280/EEC on limit values and quality objectives for discharges of certain dangerous substances included in List 1 of the Annex to Directive 76/464/EEC, subsequently amended by Directives 88/347/EEC and 90/415/EEC amending Annex II to Directive 86/280/EEC7. Directive 89/369/EEC on the prevention of air pollution from new municipal waste-incineration plants8. Directive 89/429/EEC on the reduction of air pollution from existing municipal waste-incineration plants9. Directive 94/67/EC on the incineration of hazardous waste10. Directive 92/112/EEC on procedures for harmonizing the programmes for the reduction and eventual elimination of pollution caused by waste from the titanium oxide industry11. Directive 88/609/EEC on the limitation of emissions of certain pollutants into the air from large combustion plants, as last amended by Directive 94/66/EC12. Directive 76/464/EEC on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community13. Directive 75/442/EEC on waste, as amended by Directive 91/156/EEC14. Directive 75/439/EEC on the disposal of waste oils15. Directive 91/689/EEC on hazardous wasteANNEX III INDICATIVE LIST OF THE MAIN POLLUTING SUBSTANCES TO BE TAKEN INTO ACCOUNT IF THEY ARE RELEVANT FOR FIXING EMISSION LIMIT VALUES AIR 1. Sulphur dioxide and other sulphur compounds2. Oxides of nitrogen and other nitrogen compounds3. Carbon monoxide4. Volatile organic compounds5. Metals and their compounds6. Dust7. Asbestos (suspended particulates, fibres)8. Chlorine and its compounds9. Fluorine and its compounds10. Arsenic and its compounds11. Cyanides12. Substances and preparations which have been proved to possess carcinogenic or mutagenic properties or properties which may affect reproduction via the air13. Polychlorinated dibenzodioxins and polychlorinated dibenzofuransWATER 1. Organohalogen compounds and substances which may form such compounds in the aquatic environment2. Organophosphorus compounds3. Organotin compounds4. Substances and preparations which have been proved to possess carcinogenic or mutagenic properties or properties which may affect reproduction in or via the aquatic environment5. Persistent hydrocarbons and persistent and bioaccumulable organic toxic substances6. Cyanides7. Metals and their compounds8. Arsenic and its compounds9. Biocides and plant health products10. Materials in suspension11. 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.).ANNEX IV Considerations to be taken into account generally or in specific cases when determining best available techniques, as defined in Article 2 (11), bearing in mind the likely costs and benefits of a measure and the principles of precaution and prevention: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 their 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 minimize the consequences for the environment;12. the information published by the Commission pursuant to Article 16 (2) or by international organizations.


Avis juridique important

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31990L0667

Council Directive 90/667/EEC of 27 November 1990 laying down the veterinary rules for the disposal and processing of animal waste, for its placing on the market and for the prevention of pathogens in feedstuffs of animal or fish origin and amending Directive 90/425/EEC

Official Journal L 363 , 27/12/1990 P. 0051 - 0060 Finnish special edition: Chapter 3 Volume 36 P. 0031  Swedish special edition: Chapter 3 Volume 36 P. 0031

COUNCIL DIRECTIVEof 27 November 1990laying down the veterinary rules for the disposal and  processing of animal waste, for its placing on the market and for the prevention of pathogens in  feedstuffs of animal or fish origin and amending Directive 90/425/EEC(90/667/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article  43 thereof, Having regard to the proposal from the Commission (1), Having regard to the opinion of the European Parliament (2), Having regard to the opinion of the Economic and Social Committee (3), Whereas the Community is to adopt measures designed to establish the internal market progressively  over a period expiring on 31 December 1992; Whereas livestock production occupies a very important position in agriculture in the Community;  whereas, in addition, animal waste, when not disposed of correctly, may spread pathogens in the  environment leading to decreased productivity and margins in this sector; whereas harmonized rules  should be laid down for processing animal waste and placing on the market processed products  resulting therefrom; Whereas a distinction should be drawn between the measures to be implemented on the basis of the  nature of the raw material used; Whereas, in order to avoid any risk of dispersion of pathogens, animal waste should be processed in  an approved and supervised processing plant or disposed of in anothersuitable manner; whereas, in  addition, animal waste associated with a high risk should be collected and transported directly to  a processing plant designated by the Member State concerned; whereas, in certain circumstances,  especially when this is justified by distance and time of transport, the designated processing  plant could be located in another Member States; Whereas the possibility of using certain materials should be limited; Whereas, in order to take into account certain practices, it should be possible to derogate from  the processing laid down for controlled uses; Whereas processing plants should be subject to self-supervision of their production, and in  particular the observance of microbiological standards applicable to the final product; Whereas provision should be made for a Community inspection procedure; Whereas the products concerned should be subject to the rules for veterinary checks and any  protective measures laid down by Council Directive 90/425/EEC of 26 June 1990 concerning veterinary  and zootechnical checks applicable in intra-Community trade in certain live animals and products  with a view to the completion of the internal market (4); Whereas provision should be made for minimum rules of a transitional nature for imported products; Whereas a cooperation procedure should be set up between the Commission and the Member States for  the purposes of adopting application measures, HAS ADOPTED THIS DIRÉCTIVE:CHAPTER IGENERAL PROVISIONS Article 11.  This  Directive lays down: (a)  the animal and public health requirements for the: i(i)  disposal and/or processing of animal waste in order to destroy pathogens which might be  present in such materials, (ii)  production of feedingstuffs of animal origin in such manner as to prevent the presence of any  pathogens therein; (b)the rules for the placing on the market of animalwaste intended for purposes other than human  consumption. 2.  This Directive shall not affect: (a)national veterinary legislation applicable to the eradication and control of certain diseases  and to the use of catering waste; (b)national animal health rules governing the production of compound feedingstuffs which contain  animal and vegetable products as ingredients and of feedingstuffs which contain material of  vegetable origin only. Article 2For the purposes of this Directive the following definitions  shall apply: 1.  animal waste - carcases or parts of animals or fish, or products of animal origin not intended  for direct human consumption, with the exception of animal excreta and catering waste; 2.  high-risk material - animal waste referred to in Article 3 which is suspected of presenting  serious health risks to animals or man; 3.  low-risk material - animal waste other than that covered by Article 3, which does not present  serious risks of spreading communicable diseases to animals or man; 4.  low-risk processing plant - a plant in which low risk material is processed into ingredients  for inclusion in animal feedingstuffs or fishmeal in accordance with Article 5; 5.  high-risk processing plant - a plant in which animal waste undergoes treatment or processing in  order to destroy pathogens, in accordance with Article 3; 6.  petfood - food for dogs, cats and other pet animals prepared entirely or partly from low-risk  material; 7.  technical or pharmaceutical products - products intended for purposes other than human or  animal consumption; 8.  establishment - a low-risk processing plant, a high-risk processing plant, a plant producing  petfood or fishmeal, or a plant which prepares technical or pharmaceutical products and in which  animal waste is used in the preparation of such products; 9.  competent authority - any authority designated by the competent central authority to monitor  implementation of this Directive. CHAPTER IIRULES CONCERNING THE PROCESSING OF ANIMALWASTE AND THE PLACING ON THE MARKET OF THE  FINAL PRODUCTA. High-risk material Article 31.  The following high-risk material must be  processed in a high-risk processing plant approved by the Member State in accordance with Article 4  (1), or disposed of by burning or burial in accordance with paragraph 2: (a)  all bovine animals, pigs, goats, sheep, solipeds, poultry and all other animals kept for  agricultural production, which have died on the farm but were not slaughtered for human  consumption, including stillborn and unborn animals; (b)dead animals not referred to in point (a) but which are designated by the competent authority  of the Member State; (c)animals which are killed in the context of disease control measures either on the farm or in  any other place designated by the competent authority; (d)animal waste including blood originating from animals which show, during the veterinary  inspection carried out at the time of slaughtering, clinical signs of diseases communicable to man  or other animals; (e)all those parts of an animal slaughtered in the normal way which are not presented for post  mortem inspection, with the exception of hides, skins, hooves, feathers, wool, horns, blood and  similar products; (f)all meat, poultrymeat, fish, game and foodstuffs of animal origin which are spoiled and thus  present a risk to human and animal health; (g)animals, fresh meat, poultrymeat, fish, game and meat and milk products, imported from third  countries, which in the course of the inspections provided forin Community legislation fail to  comply with the veterinary requirements for their importation into the Community, unless they are  re-exported or their import is accepted under restrictions laid down in Community provisions; (h)without prejudice to instances of emergency slaughtering for reasons of welfare, farm animals  which have died in transit; (i)animal waste containing residues of substances which may pose a danger to human or animal  health; milk, meat or products of animal origin rendered unfit for human consumption by the  presence of such residues; (j)fish which show clinical signs of diseases communicable to man or to fish. 2.  The competent authorities may where necessary decide that high-risk material must be disposed  of by burning or by burial where: - transport to the nearest high-risk material processing plant of animals infected or suspected of  being infected with an epizootic disease is rejected because of the danger of propagation of health  risks, - the animals are infected with or suspected of being infected with a serious disease or contain  residues which could constitute a risk to human or animal health and which could survive inadequate  heat treatment, - a wide-spread epizootic disease leads to a lack of capacity at the high-risk material processing  plant, - the animal waste concerned originates from places with difficult access, - the quantity and the distance to be covered does not justify collecting the waste. Burial must be deep enough to prevent carnivorous animals from digging up the cadavers or waste and  shall be in suitable ground so as to prevent contamination of water tables or any environmental  nuisance. Before burial, the cadavers or waste shall be sprinkled as necessary with a suitable  disinfectant authorized by the competent authority. Article 41.  Member States shall approve for  all or part of their territory one or more high-risk processing plants for the collection and  processing of high-risk material. A Member State may decide to designate a high-risk processing  plant in another Member State after agreement with that other Member State. 2.  In order to be approved by the competent authority, high-risk processing plants must: (a)  meet the requirement of Annex II, Chapter I; (b)handle, process and store animal waste in accordance with Annex II, Chapter II; (c)be checked by the competent authorities in accordance with Article 10; (d)ensure that the products af processing satisfy the requirements of Annex II, Chapter III. 3.  Approval shall be suspended as soon as the conditions under which it was granted are no longer  fulfilled. B. Low-risk material Article 51.  Low-risk material must be processed in a high-riskor low-risk  processing plant approved in accordance with Article 4 (2), in a petfood plant, or in a plant  preparing pharmaceutical or technical products, or be disposed of by burning or burial in  accordance with Article 3 (2). In addition to the animal waste referred to in Article 2 (3), the following shall be deemed to be  low-risk material: - products excluded under Article 3 (1) (e), in so far as they are used in the manufacture of  feedingstuffs, - fish caught in the open sea for the purposes of fishmeal production, - fresh fish offal from plants manufacturing fish products for human consumption. The mixture of low-risk material processed together with high-risk material shall be deemed to be  high-risk material. Where low-risk material is processed in a petfood plant or a plant preparing pharmaceutical or  technical products, the competent authority may require that it is dispatched, stored and processed  in a specific location and under specific conditions. Fishmeal from industries which receive and manufacture exclusively low-risk materials intended for  the manufacture of fishmeal must meet the requirements laid down in Annex II, Chapter III. 2.  In order to be approved by the competent authority, low-risk processing plants must: (a)  meet the requirements of Annex II, Chapter I; (b)handle, process and store animal waste in accordance with Annex II, Chapter II; (c)be checked by the competent authorities in accordance with Article 10; (d)ensure that the products of processing satisfy the requirements of Annex II, Chapter III. Approval shall be suspended as soon as the conditions under which it was granted are no longer  fulfilled. 3.  Establishments using low-risk material for the preparation of petfood or of pharmaceuticals or  technical products must be registered by the competent authority and fulfil the following  requirements; (a)they must have adequate facilities for storing and treating animal waste in complete safety; (b)they must have adequate facilities for destroying unused raw animal waste remaining after the  production of petfood, pharmaceuticals or technical products, or must send it to a processing plant  or to an incinerator; (c)they must have adequate facilities available to destroy waste material arising during the  production process which is unsuitable on grounds of animal or public health for inclusion in other  animal food. These facilities must include incineration or burial in suitable groundto prevent  contamination of water courses or any environmental nuisance; (d)be inspected by the competent authority at regular intervals to check compliance with the  requirements of this Directive. Article 6The treatment which certain products of animal origin  exclusively derived from animals or fish and not intended for human consumption must undergo during  the preparation of petfood and the conditions under which they must be manufactured shall be  established under the procedure laid down in Article 19, in so far as this is necessary for the  protection of pet animals or for public or animal health reasons. C. Derogations Article 7The Member States may authorize in exceptional casesand under the  veterinary supervision of the competent authorities: ii(i)  the use of animal waste for scientific purposes; i(ii)  the use of the animal waste referred to in Article 3 (1) (a), (b) and (e), provided it comes  from animals which were not slaughtered as a result of the presence or suspected presence of a  notifiable disease, and the animal waste referred to in Article 5 for the feeding of zoo, circus or  fur animals, recognized packs of hounds, and maggot farming for fishing bait; (iii)  the local distribution, through intermediaries already authorized on the date of adoption of  this Directive, of small quantities of the waste referred to in (ii) for use as food for animals  whose flesh is not intended for human consumption, provided that the competent authority considers  that this entails no risk to human or animal health. The Council shall, acting by a qualified majority on a proposal from the Commission, adopt before  31 December 1992 veterinary and animal health rules applicable to the treatment of certain types of  waste intended to be marketed locally as feedstuffs for certain animal categories. The Commission will produce at the same time as the abovementioned proposal a report on the  application of point (iii). Pending the introduction of specific rules, knackers' yards shall comply with the standards laid  down by this Directive by not later than 31 December 1995. Member States shall inform the Commission where they make use of this possibility and shall notify  it of the verification arrangements they introduce to prevent such waste being used for any other  purpose. In accordance with the procedure laid down in Article 18 the Commission may amend or supplement the  verification measures implemented. D. General provisions Article 8Animal waste must be collected, transported and identified in  accordance with Annex I. CHAPTER IIICONTROLS AND INSPECTIONS TO BE CARRIED OUT BY EACH MEMBER STATE ON HIGH-RISK AND  LOW-RISK PROCESSING PLANTS OPERATING WITHIN ITSTERRITORY Article 91.  Member States must ensure  that, under their responsibility, the operators and owners of high-risk andlow-risk processing  plants or their representatives adopt all measures necessary to comply with the requirements of  this Directive and shall in particular: - identify and control the critical points in the high-risk and low-risk processing plants, - take representative samples in fishmeal manufacturing plants, and take representative samples  from each processed batch in other low-risk and high-risk processing plants in order to check  compliance withthe microbiological standards for the product laiddown in Annex II, Chapter III  and the absence of physico-chemical residues, - record the results of the various checks and tests and keep them for a period of at least two  years for presentation to the competent authorities, - introduce a system that makes it possible to link each batch dispatched and the time when it was  produced. 2.  Where the result of a test on samples required under this Article do not comply with the  provisions of Annex II, Chapter III, the operator of the processing plant must: - notify the competent authority immediately, - establish the causes of failures of compliance, - ensure that no material suspected or known to be contamined is moved from the premises before  being reprocessed under the direct supervision of the competent authority and resampled officially  in order to comply with the microbiological control laid down in Annex II, Chapter III; if it is  not possible to reprocess the contaminated material for any reason, it must be used for purposes  other than animal feedingstuffs. 3.  In accordance with the procedure laid down in Article 18, the Commission shall adopt detailed  arrangements for implementing this Article. Article 101.  The competent authorities shall at  regular intervals carry out inspections and random checks at the designated high-risk and low-risk  processing plants on: - their compliance with the provisions of this Directive and in particular with regard to Annex I  and Annex II, Chapter I, II and III, - the microbiological standards of the products after treatment. The microbiological controls shall  include, in particular, examination for salmonella and enterobacteriaceae in accordance with Annex II,  Chapter III. The analyses and tests shall be carried out in accordancewith methods which are scientifically  recognized, and inparticular those laid down in Community provisions or, where none exist, in  recognized international standards. 2.  If the inspections carried out by the competent authority reveal that not all of the  requirements of this Directive are being met, the competent authority musttake appropriate action.  In particular, in the case of non-compliance with the provisions of this Article inrelation to  microbiological standards, and the types of microbiological controls, the manufacturer must: - notify the competent authority immediately of the full details of the nature of the sample and  the lot from which is was derived, - process or reprocess the contaminated lot under the supervision of the competent authority, - increase the intensity of sampling and testing of production, - investigate raw material records appropriate to the finished feed sample, - instigate appropriate decontamination and cleaning procedures within the plant. 3.  In accordance with the procedure laid down in Article 19, the Commission shall, if necessary,  adopt the detailed arrangements for implementing this Article. Article 11Each Member State shall  draw up a list of approved establishments processing animal waste within its own territory. Each  plant shall be assigned an official number which identifies the plant as processing high-risk  orlow-risk material, or producing petfood or technical or pharmaceutical products from animal  waste. The Member States shall forward this list and its up-dates to the other Member States and to the  Commission. CHAPTER IV Article 121.  Veterinary experts from the Commission may, in so far as is necessary  to ensure uniform application of this Directive, and in collaboration with the national  authorities, make on-the-spot checks; they may in particular verify whether approved establishments  are actually complying with this Directive. The Commission shall inform the Member States of the  results of the checks. A Member State in whose territory a check is being carried out shall give all the necessary  assistance to the experts in carrying out their duties. The general arrangements for implementing this Article shall be adopted in accordance with the  procedure laid down in Article 19. 2.  The Member States concerned shall take all necessary measures to take account of the result of  the checks referred to in paragraph 1 and shall in particular prohibit the placing on the market of  products coming from a processing plant which no longer complies with this Directive. If the Member  State fails to take such measures, or if the measures are deemed to be inadequate, Article 8 of  Council Directive 89/662/EEC of 11 December 1989 concerning veterinary checks in intra-Community  trade with a view to the completion of the internal market (1) shall apply. Article 131.   Directive 90/425/EEC shall apply, in particular with respect to the organization and following-up  of checks carried out by the Member State of destination and the protective measures to be  applied. 2.  Directive 90/425/EEC shall be amended as follows: (a)  the following shall be added at the end of Annex A: 'Council Directive 90/667/EEC of 27 November 1990 laying down the veterinary rules for the disposal  and processing of animal waste, for its placing on the market and for the prevention of pathogens  in feedingstuffsof animal or fish origin and amending Directive 90/425/EEC. OJ N° L 363, 27. 12. 1990, p. 51.`; (b)the first indent of Annex B shall be deleted. Article 14In accordance with the procedure laid  down in Article 18, the Commission shall establish the conditions for the hygienic manufacture of  petfood from animal waste. In accordance with the procedure laid down in Article 18, the Commission shall establish criteria  for sampling and for microbiological controls. CHAPTER VFINAL PROVISIONS Article 151.  The Commission, acting in accordance with the procedure  laid down in Article 19, shall establish the detailed arrangements for and frequency of the checks  provided for in Articles 9 and 10 (1). 2.  The Commission, acting in accordance with the same procedure, shall establish the reference  methods for the microbiological analyses. Article 16The Annexes to this Directive and, with  particular regard for developments in scientific knowledge on controlling bovine spongiform  encephalitis (BSE), the provisions relating to the treatments provided for in Chapter II, points 6  (a) and (c), shall be amended by the Council acting by a qualified majority on an proposal from the  Commission. Article 17Pending the implementation of Community rules concerning the importation  from third countries of animal waste and petfood manufactured from animal waste, Member States  shall apply to those imports conditions at least equivalent to those laid down in this Directive,  except for those concerning the conditions of approval. In particular, they shall not admit low-risk or high-risk material referred to in Article 3 (1) (g)  to (i) which has previously been treated unless the third country is able to guarantee that such  material has undergone adequate treatment and complies with the microbacteriological standards set  in Annex II, Chapter III. The import of high-risk materials referred to in Article 3 (1) (a) to (f) shall be prohibited. The Member States shall ensure that these minimum requirements are complied with by means of import  controls. Article 181.  Where the procedure laid down in this Article is to be followed, matters  shall be referred without delay to the Standing Veterinary Committee set up by Decision 68/361/EEC  (2) (hereinafter referred to as 'the Committee`) by its chairman, either on his own initiative or  at the request of a Member State. 2.  The votes of the representatives of the Member States within the Committee shall be weighted in  the manner laid down in Article 148 (2) of the Treaty. The chairman shall not vote. 3.  The representative of the Commission shall submit to the Committee a draft of the measures to  be taken. The Committee shall deliver its opinion on the draft within two days. The opinion shall  be delivered by a majority of 54 votes. 4.  The Commission shall adopt the measures envisaged and implement them immediately if they are in  accordance with the opinion of the Committee. 5.  If the measures envisaged are not in accordance with the opinion of the Committee, or if no  opinion is delivered, the Commission shall, without delay, submit to the Council a proposal  relating to the measures to be taken. The Council shall act by a qualified majority. If, on the expiry of a period of 15 days from the date of referral to the Council, the Council has  not acted, the proposed measures shall be adopted by the Commission save where the Council has  decided against the said measures by a simple majority. Article 191.  Where the procedure laid  down in this Article is to be followed, matters shall be referred to the Committee without delay by  its chairman, either on his own initiative or at the request of a Member State. 2.  The votes of the representatives of the Member States within the Committee shall be weighted in  the manner set out in Article 148 (2) of the Treaty. The chairman shall not vote. 3.  The representative of the Commission shall submit to the Committee a draft of the measures to  be taken. The Committee shall deliver its opinion on the draft within a time limit which the  chairman may lay down according to the urgency of the matter. The opinion shall be delivered by a  majority of 54 votes. 4.  The Commission shall adopt the measures envisaged and implement them immediately if they are in  accordance with the opinion of the Committee. 5.  If the measures envisaged are not in accordance with the opinion of the Committee, or if no  opinion is delivered, the Commission shall, without delay, submit to the Council a proposal  relating to the measures to be taken. The Council shall act by a qualified majority. If, on the expiry of a period of three months from the date of referral to the Council, the Council  has not acted, the proposed measures shall be adopted by the Commission, save where the Council has  decided against the said measures by a simple majority. Article 20The Council shall, acting by a  qualified majority on a proposal from the Commission not later than 31 December1992, adopt the  animal health rules to be complied with during the manufacture of feedingstuffs which contain  animal and vegetable products as ingredients, and the rules of hygiene to be complied with during  the manufacture of feedingstuffs the ingredients of which are exclusively of vegetable origin.  Article 211.  The Member States shall bring into force, not later than 31 December 1991 the law,  regulations and administrative provisions necessary to comply with this Directive. 2.  However, for the territory of the Laender of Mecklenburg-W. Pomerania, Brandenburg,  Saxony-Anhalt, Saxony and Thuringia, the Federal Republic of Germany shall have a further year  within which to comply with this Directive. The Federal Republic of Germany shall, not later than 30 June 1992, submit to the Council and the  other Member States, meeting within the Standing Veterinary Committee, a report on the animal waste  disposal situation in those Laender. In accordance with the procedure laid down in Article 19, the Commission shall decide on any  subsequent transitional measures for certain establishments located in those Laender. 3.  When Member States adopt the measures referred to in paragraph 1, they shall contain a  reference to this Directive or shall be accompanied by such reference on the occasion of their  official publication. The methods of making such a reference shall be laid down by the Member  States. Article 22This Directive is addressed to the Member States.Done at  Brussels, 27 November 1990. For the CouncilThe PresidentV. SACCOMANDI(1) OJ N° C 327, 30. 12. 1989, p.  76. (2) OJ N° C 260, 15. 10. 1990, p. 161. (3) OJ N° C 124, 21. 5. 1990, p. 4. (4) OJ N° L 224, 18. 8. 1990, p. 29. (1) OJ N° L 395, 30. 12. 1989, p. 13. (2) OJ N° L 255, 18. 10. 1968, p. 23.  ANNEX I HYGIENE REQUIREMENTS FOR THE COLLECTION AND TRANSPORT OF ANIMAL WASTE1.   Animal waste must be collected and transported to approved establishments or the high or low-risk  processing plants in suitable containers or vehicles in such a way as to prevent leakage. The  containers or vehicles must be adequately covered. 2.  Vehicles, tarpaulin covers and reusable containers must be maintained in a clean condition. 3.  The competent authority shall take the necessary measures to control the movements of high-risk  materials by requiring the keeping of records and documents, which shall accompany those materials  during their transport to the place of disposal, or, if necessary, by sealing. 4.  Where certain meat, dairy and fish products not intended for human consumption and derived from  animals or fish, the meat or milk of which has been approved for human consumption are transported  directly in bulk to a processing plant, the information on the origin, name and nature of the  animal waste and the words 'not for human consumption` must also be indicated on a label attached  to the container, cartons or other packaging material in letters at least 2 cm high.  ANNEX II HYGIENE REQUIREMENTS FOR ANIMAL-WASTE PROCESSING PLANTSCHAPTER IApproval  requirements for animal-waste processing plants1.  Premises and facilities must meet at least the  following requirements: (a)  the premises of the processing plant must be adequately separated from the public highway and  other premises such as slaughterhouses. Premises for the processing of high-risk material must not  be at the same site as slaughterhouses, unless in a completely separate part of a building;  unauthorized persons and animals shall have no access to the plant; (b)the plant must have a clean and an unclean section, adequately separated. The unclean section  must have a covered place to receive the animal waste and must be constructed in such a way that it  is easy to clean and disinfect. Floors must be laid in such a way as to facilitate the draining of  liquids. The plant must have adequate lavatories, changing rooms and washbasins for staff; in the unclean section, where appropriate, there must be adequate facilities for de-skinning or  de-hairing of animals and a storage room for hides; (c)the plant must have sufficient capacity and hot water and steam production for the processing  of animal waste in accordance with Chapter II; (d)the unclean section must, if appropriate, contain equipment to reduce the size of animal waste  and equipment for loading the crushed animal waste into the processing unit; (e)a closed processing installation is required in which the animal waste must be processed in  accordance with Chapter II. Where heat treatment is required, this installation must be equipped  with: - measuring equipment to check temperature and, if necessary, pressure at critical points, - recording devices to record continuously the results of measurements, - an adequate safety system to prevent insufficient heating; (f)to prevent recontamination of the finished processed material by incoming raw material, there  must be clear separation between the area of the plant where the incoming raw material is unloaded  and processed and the areas set aside for further processing of the heated material and the storage  of the finished processed product. 2.  The processing plant must have adequate facilities for cleaning and disinfecting the containers  or recipients in which animal waste is received and the vehicles - other than ships - in which it  is transported. 3.  Adequate facilities must be provided for disinfecting the wheels, immediately before their  departure, of vehicles transporting high-risk material or leaving the unclean section of a  processing plant. 4.  A waste-water disposal system meeting hygiene requirements is required for the processing  plant. 5.  The processing plant must have its own laboratory or make use of the services of a laboratory  equipped to make the essential analysis and, in particular, to check conformity with Chapter III. CHAPTER IIHygiene requirements relating to operation in animal-waste processing plants1.  Animal  waste must be processed as soon as possible after arrival. It must be stored properly until  processed. 2.  Containers, recipients and vehicles used for the transport of animal waste must be cleaned,  washed and disinfected after each use. 3.  Persons working in the unclean section must not enter the clean section without changing their  working clothes and footwear or without disinfecting the latter. Equipment and utensils shall not  be taken from the unclean section into the clean section. 4.  Waste water originating in the unclean section must be treated to ensure that no pathogens  remain. 5.  Preventive measures against birds, rodents, insects or other vermin must be taken  systematically. 6.  Animal waste must be processed under the following conditions: (a)  high-risk material must be heated to a core temperature of at least 133 gC for 20 minutes at a  pressure of 3 bar. The particle size of the raw material prior to processing must be reduced to at  least 50 mm by means of a prebreaker or grinder; (b)  recording thermographs must be provided at the critical points of the heating process to  monitor the heat treatment; (c)  other systems of heat treatment may be used provided that they are approved in accordance with  the procedure laid down in Article 19 as offering equivalent guarantees with regard to  microbiological safety. Such alternative heat treatment systems may be approved only where the final product has been  sampled on a daily basis over a period of one month to ensure compliance with the microbiological  standards laid down in Chapter III (1) and (2). Subsequent routine sampling of the products as  provided for in Articles 9 (1) and 10 (1) must also be carried out. 7.  Installations and equipment must be kept in a good state of repair and measuring equipment must  de calibrated at regular intervals. 8.  The finished products must be handled and stored at the processing plant in such a way as to  preclude recontamination. 9.  Hides must be salted using sodium chloride. CHAPTER IIIRequirements concerning the products after processing1.  In the case of high-risk  materials, samples of the finished products, taken directly after heat treatment, must be free from  heat-resistant pathogenic bacteria spores (Clostridium perfringens absent in 1 g of the product). 2.  Samples of the final products from both low-risk and high-risk material taken during or upon  withdrawal from storage at the processing plant must comply with the following standards: Salmonella: absence in 25 g: n = 5, c = 0, m = 0, M = 0, Enterobacteriaceae: n = 5, c = 2, m = 10, M = 3 × 10$ in 1 g, wheren  = number of units comprising the sample; m=threshold value for the number of bacteria; the result is considered satisfactory if the number  of bacteria in all sample units does not exceed m; M=maximum value for the number of bacteria; the result is considered unsatisfactory if the number  of bacteria in one or more sample units is M or more; c=number of sample units the bacterial count of which may be between m and M, the sample still  being considered acceptable if the bacterial count of the other sample units is m or less.