9.4.2013 Official Journal of the European Union L 100/1 II (Non-legislative acts) DECISIONS COMMISSION IMPLEMENTING DECISION of 26 March 2013 establishing the best available techniques (BAT) conclusions under Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions for the production of cement, lime and magnesium oxide (notified under document C(2013) 1728) (Text with EEA relevance) (2013/163/EV) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European with the best available techniques, associated monitoring, associated consumption levels and, where appropriate, relevant site remediation measures. Union, Having regard to Directive 2010/75/EU of the European (4 In accordance with Article 14(3) of Directive Parliament and of the Council of 24 November 2010 on 2010/ 7$/EU, BAT C0nC1}1§10nS are to be Fhe reference industrial emissions (integrated pollution prevention and for setting permit COHflltIO.HS for installations covered control) (), and in particular Article 13(5) thereof, by Chapter II of that Directive. Whereas: (5)  Article 15(3) of Directive 2010/75/EU requires the (1)  Article 13(1) of Directive zo1g/7s/Eufrequres the Eﬁﬁffterf}lﬁmhﬁfllzr to set znlszlggmggt Vcilﬁfﬁtigf; Commission to organise an exchange of information o ’ oF R on industrial emissions between it and Member States, erilgst[(;lns bdot not 'f)i)clee(z tge.emlsswnl l-f(:iveés assqaa:}eld the industries concerned and non-governmental organi- with the best avaiiable techniques as faid down in the sations promoting environmental protection in order to dec1s;0ns.0r1 BAT conclusions referred to in Article 13(5) facilitate the drawing up of best available techniques of Directive 2010/75[EU. (BAT) reference documents as defined in Article 3(11) of that Directive. (6)  Article 15(4) of Directive 2010/75/EU provides for dero- (2) In accordance with Article 13(2) of Directive gations from the requirement faid .down n Artmle 150) 2010/75/EU, the exchange of information is to address only where the costs associated with the achievement of h forma i lgl : d techni . the emission levels associated with the BAT dispropor- f) feeﬁleés?;glsanef ;)esslgitzs a;;l(z)r;:_ 1?1 q tf(:)cn rilt?rlrf;s zisezrfss tionately outweigh the environmental benefits due to the where 2 ’ro fiate and  the associga ted refere%l cé geographical location, the local environmental conditions ¢ appropriate, . or the technical characteristics of the installation conditions, consumption and nature of raw materials, concerned water consumption, use of energy and generation of : waste and the techniques used, associated monitoring, cross-media  effects, cconomic and tthnlcal V1ab111ty 7) Article 16(1) of Directive 2010/75/EU provides that the and developments therein and best available techniques monitoring requirements in the permit referred to in and emerging techniques identified after considering the point () of Article 14(1) of the Directive are to be issues men?ioned in points (a) and (b) of Article 13(2) of based on the conclusions on monitoring as described that Directive. in the BAT conclusions. (3)  ‘BAT conclusions’ as defined in Article 3(12) of Directive 2010/75[EU are the key element of BAT reference (8) In accordance with Article 21(3) of Directive documents and lay down the conclusions on best available techniques, their description, information to assess their applicability, the emission levels associated () O] L 334, 17.12.2010, p. 17. 2010/75/EU, within 4 years of publication of decisions on BAT conclusions, the competent authority is to reconsider and, if necessary, update all the permit conditions and ensure that the installation complies with those permit conditions.