COMMISSION IMPLEMENTING DECISION
of 10 February 2012
laying down rules concerning guidance on the collection of data and on the drawing up of BAT reference documents and on their quality assurance referred to in Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions
(notified under document C(2012) 613)
(Text with EEA relevance)
(2012/119/EU)
Article 1
Article 2
ANNEX
GUIDANCE
on the practical arrangements for the exchange of information referred to in points (c) and (d) of Article 13(3) of Directive 2010/75/EU and including the collection of data and the drawing up of BAT reference documents and their quality assurance
CHAPTER 1
Procedure for drawing up and reviewing a best available techniques (BAT) reference document (BREF)
1.1.
Context
1.1.1.
What a BREF is and its aim
1.1.2.
‘Horizontal’ and ‘vertical’ BREFs
1.2.
Procedure for the drawing up and reviewing of BREFs
1.2.1.
General procedure for the drawing up of a new BREF
1.2.2.
General procedure for the review of a BREF
1.2.3.
Objective of a BREF review
1.2.4.
Typical workflow for the drawing up and reviewing of BREFs
Step No |
BREF review step |
Expected step time (months) |
Accumulated time (months) |
Comments |
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0 |
Preparation for the review |
|
|
After finalising a BREF, the EIPPCB maintains the BATIS forum for this BREF (see Section 4.7.1), in particular as regards follow-up actions to the recommendations for future work made in the BREF (see Section 2.3.10) and in view of the future review of the BREF. BATIS should serve as a forum for discussion and exchange of information in support of the next review process. |
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1 |
TWG (re)activation and call for wishes |
2 |
2 |
The EIPPCB (re)activates the TWG (calling for confirmation of membership and contact details). In the case of a BREF review, the EIPPCB asks TWG members to submit their wishes regarding information they would like to be considered during the review process or modifications/corrections they wish to see introduced into the existing text (see Section 4.6.1). |
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2 |
Kick-off meeting |
3 |
5 |
In the case of a BREF review, the EIPPCB structures and establishes a consolidated list of wishes and, if necessary, develops standard templates for each issue on the wish list, for the TWG to provide information in a structured, efficient and directly usable way. The EIPPCB calls a meeting (see Section 4.6.2.2) of the TWG in order to clarify the process, to discuss the wish list (in the case of a BREF review), to agree on the scope of the review and to agree on the data to be collected and its format based on the guidance on data collection provided for in Chapter 5. The TWG agrees on a procedure based on general guidance of the EIPPCB to deal with issues like confidential business information, sensitive information under competition law, conflict of interests and other related matters. |
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3 |
New information (deadline) |
6 |
11 |
The TWG collects and submits the information promised or identified in the conclusions of the kick-off meeting. Information readily available is submitted to the EIPPCB without delay so that drafting can start as soon as possible after the kick-off meeting. During this period, the EIPPCB can:
The information submitted by members of the TWG and collected by the EIPPCB is shared with the TWG members in ‘real time’ via BATIS according to Sections 4.7.1 and 5.3. The TWG members can comment on the submitted information and share the comments through BATIS. |
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4 |
Elaboration of the first formal draft |
4–6 |
15–17 |
The EIPPCB produces a first formal draft of the BREF (or of the revised parts of the BREF in the case of a BREF review) for formal consultation of the TWG (see Chapter 2 and Sections 4.6.5.1 and 4.6.6). It is expected that the information submitted during the consultation period will normally provide the background needed to achieve a high degree of consensus on the chapters of the BREF entitled ‘Current emission and consumption levels’ (see Section 2.3.6) and ‘Techniques to consider in the determination of BAT’ (see Section 2.3.7), whereby the chapter of the BREF entitled ‘Best available techniques (BAT) conclusions’ (see Section 2.3.8) will be included in the first formal draft of a BREF review. |
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5 |
TWG comments |
2–3 |
17–20 |
The TWG comments on the draft are to be received within two months. When consultation is foreseen over the summer or year-end holidays then the period of consultation may be extended to three months maximum. |
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6 |
Elaboration of the second formal draft (optional) |
3–7 |
[20–27] |
The EIPPCB takes into account all the comments and the submitted information. The EIPPCB drafts a background document including an assessment of the major comments received and produces a second formal draft containing at least an updated version of the chapter of the BREF entitled ‘Best available techniques (BAT) conclusions and the latest version of the chapters of the BREF entitled ‘Current emission and consumption levels’ (see Section 2.3.6) and ‘Techniques to consider in the determination of BAT’ (see Section 2.3.7). |
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7 |
TWG comments (optional) |
2–3 |
[22–30] |
The second formal draft is issued for formal consultation for TWG comments to be received within two months. When consultation is foreseen over the summer or year-end holidays, the period of consultation may be extended to three months maximum. |
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8 |
Final meeting |
3–5 |
20–25 [25–35] |
The EIPPCB analyses all the comments and prepares for a final TWG meeting. The EIPPCB drafts a background paper including at least an assessment of the major comments received (see Section 4.6.6), and provides at least the latest version of the chapters of the BREF entitled ‘Current emission and consumption levels’ (see Section 2.3.6), ‘Techniques to consider in the determination of BAT’ (see Section 2.3.7) and ‘Best available techniques (BAT) conclusions’ (see Section 2.3.8). This final TWG meeting seeks consensus for a final draft (see Section 4.6.2.3). |
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9 |
Final draft |
4 |
24–29 [29–39] |
The final draft is produced for a short commenting period to the TWG that should focus on the changes made as a result of the final meeting's conclusions. The EIPPCB ensures that feedback is given to the TWG on how these comments have been taken into account. The updated final draft and the assessment of the final comments received are made available to the Forum at least eight weeks before the Forum meeting. |
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10 |
Presentation at a Forum meeting |
|
|
The updated final draft is presented to the Forum, which is asked to provide its opinion on the document (see Section 1.3). The Commission makes the opinion of the Forum publicly available. |
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NB: The timing between square brackets refers to cases when two formal drafts are distributed. |
1.3.
Opinion of the Forum established pursuant to Article 13 of Directive 2010/75/EU
1.4.
Adoption of the BAT conclusions and publication of the BREF
CHAPTER 2
BREF contents and scope
2.1.
Introduction
2.2.
BREF structure
2.3.
BREF content
2.3.1.
General information on the BREF content
2.3.2.
Preface
2.3.3.
Scope
2.3.4.
General information about the sector concerned
2.3.5.
Applied processes and techniques
2.3.6.
Current emission and consumption levels
2.3.7.
Techniques to consider in the determination of BAT
2.3.7.1.
General information on techniques to consider in the determination of BAT
2.3.7.2.
Information provided on each technique
2.3.7.2.1. Description
2.3.7.2.2. Technical description
2.3.7.2.3. Achieved environmental benefits
2.3.7.2.4. Environmental performance and operational data
2.3.7.2.5. Cross-media effects
2.3.7.2.6. Technical considerations relevant to applicability
2.3.7.2.7. Economics
2.3.7.2.8. Driving force for implementation
2.3.7.2.9. Example plants
2.3.7.2.10. Reference literature
2.3.8.
Best available techniques (BAT) conclusions
2.3.9.
Emerging techniques
2.3.10.
Concluding remarks and recommendations for future work
2.3.11.
References
2.3.12.
Glossary of terms and abbreviations
2.3.13.
Annexes
CHAPTER 3
BAT conclusions
3.1.
Introduction
3.2.
Elements in an individual BAT conclusion
3.2.1.
General
3.2.2.
Description of techniques
3.2.3.
Information to assess the applicability of techniques
3.3.
Individual BAT conclusions with associated environmental performance levels
3.3.1.
Individual BAT conclusions with associated emission levels
Figure 3.1
Example of an individual BAT conclusion which includes emission levels associated with BAT (BAT-AELs)
|
Technique |
Description |
Applicability |
a |
aa |
[description] |
new plants |
b |
bb |
|
existing plants |
c |
cc |
|
|