Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (Recast) (Text with EEA relevance)
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1.In order to draw up, review and, where necessary, update BAT reference documents, the Commission shall organise an exchange of information between Member States, the industries concerned, non-governmental organisations promoting environmental protection and the Commission.
2.The exchange of information shall, in particular, address the following:
(a)the performance of installations and techniques in terms of emissions, expressed as short- and long-term averages, where appropriate, and the associated reference conditions, consumption and nature of raw materials, water consumption, use of energy and generation of waste;
(b)the techniques used, associated monitoring, cross-media effects, economic and technical viability and developments therein;
(c)best available techniques and emerging techniques identified after considering the issues mentioned in points (a) and (b).
3.The Commission shall establish and regularly convene a forum composed of representatives of Member States, the industries concerned and non-governmental organisations promoting environmental protection.
The Commission shall obtain the opinion of the forum on the practical arrangements for the exchange of information and, in particular, on the following:
(a)the rules of procedure of the forum;
(b)the work programme for the exchange of information;
(c)guidance on the collection of data;
(d)guidance on the drawing up of BAT reference documents and on their quality assurance including the suitability of their content and format.
The guidance referred to in points (c) and (d) of the second subparagraph shall take account of the opinion of the forum and shall be adopted in accordance with the regulatory procedure referred to in Article 75(2).
4.The Commission shall obtain and make publicly available the opinion of the forum on the proposed content of the BAT reference documents and shall take into account this opinion for the procedures laid down in paragraph 5.
5.Decisions on the BAT conclusions shall be adopted in accordance with the regulatory procedure referred to in Article 75(2).
6.After the adoption of a decision in accordance with paragraph 5, the Commission shall without delay make the BAT reference document publicly available and ensure that BAT conclusions are made available in all the official languages of the Union.
7.Pending the adoption of a relevant decision in accordance with paragraph 5, the conclusions on best available techniques from BAT reference documents adopted by the Commission prior to the date referred to in Article 83 shall apply as BAT conclusions for the purposes of this Chapter except for Article 15(3) and (4).
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