Recital 29

(29) Providing a high level of protection of human health and the environment as a whole requires, inter alia, the establishment in permits of emission limit values at a level that ensures compliance with the applicable emission levels associated with the best available techniques set out in the BAT conclusions. Emission levels associated with the best available techniques (BAT-AELs) are usually expressed as ranges, rather than as single values, to reflect the differences within a given type of installation that result in variations in the environmental performances achieved when applying BAT. For example, a given BAT will not deliver the same performance for different installations, some BATs might not be suitable for use in certain installations, or a combination of BATs could be more effective for some pollutants or environmental media than others. The achievement of a high level of protection of human health and the environment as a whole has been jeopardised by the practice of setting emission limit values at the laxest end of the range of emission levels associated with the best available techniques, without considering the potential of a given installation to achieve lower emission levels through the application of best available techniques. Such practice discourages frontrunners from implementing more effective techniques, and hinders the achievement of a level playing field which ensures a high level of protection of human health and the environment. In order for the emissions to be decreased, the competent authority should set emission limit values at the strictest achievable level for the specific installation, taking into account the entire range of the BAT AELs as well as cross-media effects. The emission limit values should be based on an assessment by the operator analysing the feasibility of meeting the strictest end of the BAT AEL range and aiming at the best environmental performance possible for the specific installations; unless the operator demonstrates that applying best available techniques as described in the BAT conclusions only allows the installation concerned to meet less strict emission limit values. In order to support the setting of emission limit values in permits and the adoption of general binding rules, BAT conclusions should contain information on the circumstances allowing the achievement of lower emissions levels within the range of BAT-AELs set for categories of installations having similar characteristics. When setting emission limit values within the range of the BAT AELs, the derogation procedure should not be applicable.

← Recital 28 · All articles · Recital 30 →

Source: EUR-Lex (Cellar) · retrieved 2026-10-13 · Text as adopted (Official Journal); later amendments are not incorporated in this text.