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Annex I activities

The provisions in Chapter II apply to the activities set out in Annex I and, where applicable, reaching the capacity thresholds set out there. The activities are divided into the following categories: energy industries, production and processing of metals, mineral industry, chemical industry, waste management, and other activities. The last category comprises, for example, industrial production of paper or cardboard and intensive rearing of poultry or pigs. These are largely the same activities previously covered by the IPPC Directive.

Much of Chapter 2, and even large parts of the rest of the IED, may be viewed as elaborations of, or ways to make operational, the ‘general principles governing the basic obligations of the operator’ set out in Article 11. According to this Article Member States shall ensure that installations are operated in accordance with eight principles (a—h), namely: (a) that all the appropriate preventive measures are taken against pollution; (b) that the best available techniques (BAT) are applied; (c) that no significant pollution is caused; (d) that the generation of waste is prevented in accordance with the waste framework directive (Directive 2008/98/EC, FDW); (e) that, where waste is generated, it is, in order of priority and in accordance with the FDW, prepared for re-use, recycled, recovered, or, where that is technically and economically impossible, disposed of while avoiding or reducing any impact on the environment; (f) that energy is used efficiently; (g) that the necessary measures are taken to prevent accidents and limit their consequences; and (h) that the necessary measures are taken upon definitive cessation of activities to avoid any risk of pollution and return the site of operation to the satisfactory state as defined in accordance with IED Article 22.

While some of these principles, notably those concerning the handling of waste, are primarily about ensuring the effective application of existing EU law in specific cases, others, such as the BAT requirement and that regarding no significant pollution, establish important substantive obligations. Despite these principles providing the substantive backbone of the IED and the IPPC before that, there is a paucity of case law spelling out their more precise meaning.15 [1] [2]

  • [1] On the EU-wide cap, see section 11.2.1. On the relationship between the IED and the EU ETS,see Oosterhuis and Peeters, ‘Limits to Integration in Pollution Prevention and Control’ (n 8) 100 et seq.
  • [2] Most of the case-law pertaining to the IED/IPPC is made up of infringement cases concerningfairly evident cases of insufficient or faulty implementation.
 
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