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Decree Amending The Decree On Authorization And Approval, Etc. Of Livestock (Implementation Of Parts Of The Directive On Industrial Emissions, Etc.)

Original Language Title: Bekendtgørelse om ændring af bekendtgørelse om tilladelse og godkendelse m.v. af husdyrbrug(Implementering af dele af direktivet om industrielle emissioner m.v.)

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Table of Contents
Appendix 1

Publication of the amendment of the authorisation and approval etc. of livestock farming 1)

(Implementation of parts of the Directive on Industrial Emissions, etc.)

§ 1

Notice no. 294 of 31. in March 2009, on the authorisation and approval etc. of livestock farms, as amended by Notice No 2 ; 1681 of 22. December 2010, Notice no. 291 of 6. April 2011, announcement no. 1344 of 21. December 2011, proclame no. 120 of 1. February 2012, announcement no. 865 of 24. August 2012 and procladition no. 1036 of 5. November 2012, the following changes are made :

1. Foot notation the title of the notice shall be replaced by the following :

" 1) The announcement contains provisions which implement parts of the European Parliament and Council Directive 2011 /92/EC of 13. December 2011 on the assessment of the impact of certain public and private projects on the environment, EU-Official Journal, 2012, nr. In 26, page 1, parts of the European Parliament and Council Directive 2010 /75/EU of 24. Nov. 2010 on industrial emissions (integrated prevention and control of pollution), EU Official Journal 2010, nr. L 334, page 17, parts of Directive 2009 /147/EC of the European Parliament and of the Council of 30. In November 2009 on the protection of wild birds (the Birds Protection Directive), EU Official Journal 2010, nr. L 20, page 7, parts of Council Directive 92 /43/EEC of 21. May 1992 on the conservation of natural habitats and wild fauna and flora (Habats Directive), EC-1992. L 206, page 7, as last amended by Council Directive 2006 /105/EC of 20. This is November 2006, 2006 EU Official Journal. In the year 363, page 368, and parts of Council Directive 91 /676/EEC of 12. December 1991 on the protection of water against pollution caused by nitrates originating from agriculture, in the Official Journal of the European Communities. Regulation (EC) No 375, page 1, as amended by Regulation (EC) No 2 of the European Parliament and of the Council 1137/2008 of 22. October 2008, EU Official Journal of 2008, nr. "L 311, page one."

2. Inline ITREAS :

" Purline of section 3, paragraph. 2, section 7 (4). 2 and 4, section 9 (4). 4, section 17, paragraph. One-three, paragraph 18, paragraph 18. 2 and 3, section 34 (4). 1-3, section 35, section 40, section. 3 and 4, section 41 (4). 2, 4 and 5, section 55 (3). 9 and 10, § 66, § 69 a, § 75, paragraph Paragraph 1, Section 78 and Section 111 of the environmental authorisation and livestock farming area, cf. Law Order no. 1486 of 4. In December 2009, as amended by law no. 122 of 23. February, 2011, lov # 1273 of 21. December 2011 and Law No 446 of 23. May 2012, section 35, paragraph. 2, and section 90 of the law on the protection of the environment, cf. Law Order no. 879 of 26. June 2010, section 38 k, paragraph 1. 4 and 5, and section 38 m (b), 3, in the law of polluted soil, cf. Law Order no. 1427 of 4. In December 2009, as amended by law no. 446 of 23. May 2012, and section 3 of the State of Proviner, cf. law no. 550 of 18. June 2012 shall be fixed : '

3. The following section shall be inserted after Section 1 before Chapter 2 as new Chapter :

" Chapter One a

Definitions

§ 1 a. For the purposes of the notice :

1) Emission : direct or indirect discharge to air, water or soil of substances, tremors or noise from point sources or diffuse sources on the livestock farm.

2) emission limit (emission limit) : the emission, expressed in certain parameters, a particular concentration or level that may not be exceeded during a defined period of inspection period.

3) Emission levels associated with the best available techniques : the emission levels that can be achieved under normal operating conditions by using individual or a combination of the best available techniques as described in BAT conclusions set as an average over a given period of specified reference criteria.

4) BAT reference document : A document resulting from the exchange of information organised in accordance with Article 13 and adopted in accordance with Article 75 (2). In the European Parliament and of the Council Directive 2010 /75/EU on industrial emissions, or a document before 1. January 2011 has been adopted by the European Commission, in accordance with earlier directives on integrated pollution prevention and combating pollution. The document describes in the document the techniques, the emission and consumption levels, BAT conclusions, techniques under consideration for determining the best available techniques, and new techniques.

5) BAT conclusion : a document containing the EU Commission decision on the parts of a BAT reference document, adopted in accordance with Article 75 (2). 2, in Directive 2010 /75/EC of the European Parliament and of the Council, establishing the best available techniques, the description of techniques, the assessment of its applicability, the emission levels that are used to assess the requirements of the Commission ; is connected to the best available techniques, the associated monitoring, the associated levels of consumption and, where necessary, measures to limit damage from the livestock farming sector.

6) BAT standard terms and conditions : Best available technique as defined in Denmark and in terms of the BAT standard produced by the Environment Board published on the Environment Management website www.mst.dk.

7) IPR : livestock farming, which has activities covered by section 12 (2) ; 1, no. 1-3, in the law on environmental approval etc. of livestock farming. ` ;

4. As heading to § 7 inserted :

"General principles"

5. Section 7 (2). 1, ITREAS :

The ' Municipal Board shall at the evaluation of an application for a permit in accordance with section 10 or for approval after sections 11, 12 or 16, in the case of the environmental approval and so on of livestock farming, ensure that :

1) the applicant has taken the necessary measures to prevent and limit pollution by using the best available techniques, and

2) livestock farming may, moreover, be operated on the spot without affecting the environment in a way which is incompatible with the sensitivity and quality of care of the surrounding areas. `

6. § 8 (3) 1, no. 4, ITREAS :

" 4) to the waste hierarchy, cf. Section 6 b in the law of environmental protection, obserbable, `.

7. As heading to § 9 inserted :

' General level of protection ` ;

8. As heading to § 10 inserted :

"Permissions"

9. As heading to § 11 inserted :

"Approvals"

10. Section 11 (1). 1, no. 3, ITREAS :

" 3) The own checks to be carried out by livestock farming, including the setting of calculations, measurements, procedures, etc. To be subject to frequency, reporting and method of assessing compliance with the limit values, the time points for reporting ; the results of the on-board inspection to the local authorities, and the indication of whether sampling and analysis may be carried out by the livestock farm themselves or must be carried out by an accredited laboratory. IU livestock farming must report information on the basis of the results of the emission control at least once a year. "

11. I Section 11 (1). 1, the following new number is added :

" 4) Regular maintenance and monitoring of the measures taken to prevent and limit emissions from livestock farming. ` ;

Number 4-13 will be no more. 5-14.

12. I Section 11 (1). 1, pasted as no. 15 :

" 15) In the case of IPR, the use, manufacture or release of relevant hazardous substances in the context of the iIR production production must be limited in order to avoid the risk of soil contamination and basins of livestock farming. For dangerous substances, substances and mixtures as defined in Article 3 of Regulation (EC) No (EC) No (EC) No (EC) No '1272/2008 on the classification, labelling and packaging of substances and mixtures'.

13. The following section 11 is inserted :

Determination of the best available techniques

§ 11 a. The local authority must, by establishing the best available techniques for the approval or re-evaluation of livestock farming, shall apply the standard conditions of use of the BAT standard and to pay special attention to the following criteria :

1) The use of technology which results in at least possible waste.

2) The use of less hazardous substances.

3) Promoting techniques for the recovery and recycling of substances produced and consumed in the process, and waste, where appropriate.

4) Compared processes, business or operating methods that have been tested with a satisfactory result on a scale of industrial scale.

5) Technological progress and development in scientific knowledge.

6) The nature, effects and scopes of the species concerned.

7) The dates for the entry into service of new or existing use.

8) The time needed for the introduction of the best available technology.

9) The consumption and nature of raw materials, including water consumed in the process, and energy efficiency.

10) The need to prevent or limit the overall impact of emissions from the environment to a minimum.

11) The need to prevent accidents and to limit the consequences of this for the environment.

12) Information to be published by public international organisations, including BAT reference documents, to the extent that these are relevant to the type of livestock farming concerned.

Section 11 b. The local authority must use the BAT standard terms and place appropriate BAT conclusions for the purpose of approval and re-evaluation of IE-farm animal use when the relevant BAT conclusions have been adopted in accordance with the procedure laid down in Article 8 (c) ; 75. 2, in the European Parliament and Council Directive 2010 /75/EU on industrial emissions and published by EU Commission in the Official Journal.

Paragraph 2. The Committee on the Environment, Public Health and Consumer Policy, is making BAT conclusions for livestock farming, Appendix 6, available on the website of the Environment Management website : www.mst.dk.

Paragraph 3. Until a relevant BAT conclusion has been published in the Official Journal, the municipality Management Board shall use the BAT standard of the Environment Management Board and to make the conclusions of the best available techniques in existing BAT reference documents for reasons. approval and re-evaluation of IE-farm animal use.

Paragraph 4. When the appropriate BAT conclusions or BAT reference documents do not cover the best available techniques, the part activity, the production process, or their potential environmental impact, the municipalities shall determine the best available techniques for IE-livestock farming, in accordance with section 11 a after consultation of the livestock farming. The best available technique must ensure protection of the environment that corresponds to the levels of both the BAT standard and the BAT conclusions or the conclusions of an existing BAT reference document.

Establishment of emission limit values and so on

§ 11 c. In the case of approval and re-evaluation, emission limit values shall be determined in accordance with the local authority. Section 11 (1). 1, no. 2, before or in the point where emissions are derived from the livestock farming and before any dilution.

Paragraph 2. The local authorities may supplement or replace the emission limit values with equivalent parameters or technical measures with equivalent function and environmental protection.

Paragraph 3. The local authorities shall determine the emission limit values, the corresponding parameters and technical measures on the basis of the best available techniques, cf. sections 11 a and 11 b, without the use of any particular technology or technology. However, the emission limit values for IE-livestock farming must at least comply with section 11 d-§ 11 g.

§ 11 d. For IE-livestock farming, the municipal management board shall establish emission limit values that ensure that emissions under normal operating conditions are not above the emission levels associated with the best available technique as laid down in the BAT conclusions ; cf. however, sections 11 e and 11 f. The emission limit values shall be fixed,

1) for the same or shorter period of time and with the same reference conditions as in the BAT conclusions, or

2) with other values, periods and reference conditions other than those referred to in the BAT conclusions, after which the conditions laid down in paragraph 1 shall be laid down. 2 and 3 must be met.

Paragraph 2. The local authority shall lay down the provisions of paragraph 1. 1, no. 2, the conditions under which the emission monitoring shall be made for the same period and reference conditions as the emission levels associated with the best available techniques and that livestock farming must draw up a summary of the emission control system at least once ; -and send it to the municipal board.

Paragraph 3. The local authorities shall assess at least annually the results of the emission control measures in the livestock sector after paragraph 1. 2 and verifies that, under normal operating conditions, emissions are not above the emission levels associated with the best available techniques in the BAT conclusions.

§ 11 e. For IE-livestock farming, the municipal management authorities may, in exceptional cases, lay down more stringent emission limit values than the emission limit values set out in the BAT conclusions when the municipality Board assesses that :

1) compliance with the emission levels associated with the best available techniques in the BAT Conclusions will result disproportionately high in comparison to the environmental benefits due to the geographical location of the plant, the local the technical characteristics of the environment or plant ;

2) the derogation shall not cause significant contamination in breach of section 7 (3). 1, no. 2, and

3) achieving a high level of protection of the environment as a whole.

Paragraph 2. The assessment and justification of the Municipal Management Board for the application of paragraph 1. 1 shall appear on the approval or decision on the basis of reassessment.

Paragraph 3. The local authority shall send a copy of the decision to the Environmental Management Board upon the time of paragraph 1. 1 has been applied.

§ 11 F. The local authority may, in the approval of an IE-house farm, permit the dispensers from compliance with the emission limit values in section 11 d (1). 1 for the purpose of testing and using new techniques. A derogation may be granted only once per livestock farming per new technique and the highest in a period of nine months.

Paragraph 2. New technology means a new technology or technology which may result in either a general higher or at least equivalent protection of the environment and costs other than the existing best available techniques, if developed ; business-wise.

Paragraph 3. The municipal board shall send a copy of the derogation to the Environmental Management Board.

§ 11 g. For IE-farm farming, the local authorities may set emission limit values more stringent than those laid down in the BAT conclusions when the best available technique as defined in approvals, or BAT standard conditions are tightened in relationship with the BAT conclusions. '

14. As heading to § 12 inserted :

"Information on the disclosure procedure"

15. As heading to § 13 inserted :

"Relationship to the EIA procedure"

16. As heading to § 14 inserted :

"Time limit"

17. After Section 14 is inserted before Chapter 5, as new Chapter :

" Chapter 4 a

Terms and Conditions Compliance

§ 14 a. The person responsible for an IPO shall immediately inform the local authorities of non-compliance with the terms of approval and shall immediately take the necessary measures to ensure that the conditions are complied with again. '

18. The heading for Chapter 6 ITREAS :

" Chapter 6

Revaluation of authorisations "

19. The following section 17 is inserted :

" § 17 a. The local authority must take an approval of an IPR farm for re-evaluation and, where necessary, to grant injunction or prohibitions after paragraph 39 of the use of livestock in the EU in the Official Journal of the EU Commission in the Official Journal of the European Union, BAT-conclusion which relates to the main activity of livestock farming in section 12 (3). 1, no. 1-3, in the area of environmental authorisation, etc. of livestock farming. The local authority shall take up approval of any section 40 (5). 1, in the area of the environmental authorisation, etc. of livestock farming and section 41 (a) (a). One, in the law on environmental protection.

Paragraph 2. The review shall include all terms and conditions of the approval.

Paragraph 3. § 17, paragraph 1. 2 (3). THREE, ONE. pkt., and paragraph. 4, shall apply by analogs to revaluation of paragraph 4. 1.

Paragraph 4. In section 11 e, paragraph 1. 1, in connection with the approval of the IPE livestock farming, the continued use of them shall be included in the auditors ' s re-evaluation.

Paragraph 5. The local authority shall organise the review in such a way as to enable the livestock farming to comply with the BAT conclusion to be updated within four years after the publication of the BAT conclusion in the Official Journal of the European Union. The local authorities shall establish a time limit for compliance with new conditions, which expires no later than four years after the date of publication of the BAT conclusion in the Official Journal of the European Union. In the case of changes which do not follow the BAT conclusion, the municipality board may set another transposition date. The deadline for amendments that do not follow the BAT conclusion may not derogate from section 40 (2). 1, in the case of the environment-approval etc. of livestock farming, unless the conditions of section 40 (4) ; 2, in the permit for environmental approval and the use of livestock farming, are fulfilled. ` ;

20. I Section 18 (2). 1, "§ 40 and 41 " shall be replaced by :" 40 ".

21. I Section 18 (2). 2, in the words ' § 17 ` is replaced by ' § 17 and 17 a `.

22. Section 18 (2). 5, ITREAS :

" Stop. 5. The local authorities shall publish digital decisions on the basis of the re-evaluation of the IE-farm animal use, cf. § 22 a. "

23. After Article 18, the following Chapter 7 is inserted after paragraph 18 :

" Chapter 6 a

Termination

§ 18 a. In the event of an end to activities covered by paragraph 12 (1). 1, no. 1-3, in the case of the environment-approval etc. of livestock farming, Chapter 4 (b) of the soil-pollution law shall apply.

Paragraph 2. Termination means :

1) when an IE-livestock farming has communicated to the Community board that all activities in the livestock sector cease,

2) where an IPO has informed the local authorities, the capacity or utilisation of the capacity is permanently reduced to under the stipboard limits in section 12 (3). 1, no. 1-3, in the area of environmental approval etc. of livestock farming, or

3) situations covered by Section 33 (3). 3, in the permit of the environmental authorisation and the use of livestock farming, where the approval has been taken completely or for the part situated above the stipend limits in section 12 (3). 1, no. 1-3, in the area of environmental authorisation, etc. of livestock farming.

Paragraph 3. IPR must, within four weeks of its operations, report this to the municipality Board with a proposal for an assessment post-38 k (2) ; One, in the law of soil pollution. The assessment must include a risk assessment with regard to human health and the environment. If the risk assessment shows that it cannot be rejected that pollution poses a significant risk to human health or the environment, the evaluation must also include a proposal for measures to ensure that contamination does not constitute such risk. '

24. § 19 h, paragraph 2, no. 4, ITREAS :

" 4) For IE-livestock farming the emutation limit values must be complied with, cf. ~ § 11 c-11 f. "

25. § 19 j, paragraph. 2, ITREAS :

" Stop. 2. The notification pursuant to paragraph 1. 1 shall be done in the case of an area where the area of animal and area is defined. The animals must not be moved to other areas. `

26. § 20 ITREAS :

" § 20. The local authority shall immediately inform the Environment Minister if an application relates to a project which would have a negative and significant impact on people or the environment in another country.

Paragraph 2. The Commundo Management Board shall not be dissure-handling until the Environment Minister is authorised to do so. The local authority shall, where appropriate, inform the applicant.

Paragraph 3. The municipal board sends a copy of the decision to the Minister for the Environment.

27. The following section 22 is inserted :

" § 22 a. When the municipality Board has taken a decision on the approval or re-evaluation of an IE-farm animal use, the municipal management board shall publish the decision digitally.

Paragraph 2. The Municipal Administrative Board shall publish digital information on the measures taken by the livestock farming by definitively operating tax, cf. § 38 m (3) Two, in the law of soil pollution.

Paragraph 3. The publication in accordance with paragraph 1. 1 and 2 shall also include information on the availability of access to information to the other information held by the Community Administrative Board with the limitations of the law, the administrative act and the law of the law ; access to environmental information. ` ;

28. As Annex 6 the following Annex I shall be added to this notice.

§ 2

Paragraph 1. The announcement will enter into force on the seventh. January 2013.

Paragraph 2. The local authority and the Committee on the Environment and the Environment Board shall deal with matters subject to the current rules in force where the application for authorisation or approval of livestock farms other than those of the IU animal farm is received by the local authority prior to the 7. January 2013.

Paragraph 3. Applications for the approval of an IE-farm animal use, where the applicant before 7. In January 2013, a full application has been submitted to the municipality Board, subject to the current rules in force if the approval is granted prior to the 7. January 2014 and the application of the establishment, extension or change may be operational by this date.

Paragraph 4. The Committee on the Environment, Public Health and Environment, Public Health and Environment, Public Health and Environment, Public Health and Environment, Public Health and Consumer Protection shall be subject to complaints concerning the approval of the IPO livestock farming according to the current rules in force where the application has been received In January 2013, the approval has been announced before 7. January 2014 and the application of the establishment, extension or change are expected to be operational by the 7. January 2014.

Paragraph 5. Compening the municipal board, where paragraph 1. 3 and 4 have been used that the approved establishment, extension or change may not be operational by the 7. In January 2014, the Commundo Management Board shall notify its injuns, cf. § 40, paragraph. 3, in the case of the environment-approval etc. of livestock farming, which complements the terms of the permit in accordance with the rules laid down in this notice, unless the terms already comply with the rules laid down in this notice.

Paragraph 6. The city council may not be at the earliest of the 7th. January 2014, in the light of a review, on the basis of a re-evaluation after § 17 a to livestock farming, operating on 7. of January 2013, or which are covered by paragraph 1. 3.

The Ministry of Environment, the 20th. December 2012

Ida Auken

/ Michel Schilling


Appendix 1

' Appendix 6

BAT conclusions and BAT reference documents, cf. Section 11 b, paragraph 1. 2

BAT conclusions for livestock farming adopted under Article 75 of Directive 2010 /75/EU on industrial emissions by the European Parliament and of the Council.

BAT conclusion
Number
Date of publication

BAT reference documents adopted in accordance with Directive 2008/1 prior to the 7. January 2013, cf. Article 13 (1). Seven, in the European Parliament and Council Directive 2010 /75/EU on industrial emissions.

Interbound BAT Reference Documents

Emissions from storage
Energy efficiency
General monitoring principles
Industrial cooling systems
Wasted and airtrenetration systems and related management systems
Economic and cross-cutting environmental impact

BAT reference documents for livestock farming

Intensive poultry and pig production

"

Official notes

1) The announcement makes provision for the implementation of parts of the Directive 2010 /75/EC of the European Parliament and of the Council of 24. Nov. 2010 on industrial emissions (integrated prevention and control of pollution), EU Official Journal 2010, nr. L 334, page 17.