8.3.2012 Official Journal of the European Union L 70/1 II (Non-legislative acts) DECISIONS COMMISSION IMPLEMENTING DECISION of 28 February 2012 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 manufacture of glass (notified under document C(2012) 865) (Text with EEA relevance) (2012/134/EU) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (1) and in particular Article 13(5) thereof, (3) ‘BAT conclusions’ as defined in Article 3(12) of Directive 2010/75/EU are the key element of BAT reference documents and lay down the conclusions on best available techniques, their description, information to assess their applicability, the emission levels associated with the best available techniques, associated monitoring, associated consumption levels and, where appropriate, relevant site remediation measures. (4 In accordance with Article 14(3) of Directive 2010/75/EU, BAT conclusions are to be the reference for setting permit conditions for installations covered Whereas: by Chapter 2 of that Directive. @ Art1cle. 1.3(1) of Directive 2010/75/E0 requires Fhe (5)  Article 15(3) of Directive 2010/75/EU requires the Commission to organise an exchange of information . L . . . . competent authority to set emission limit values that on industrial emissions between it and Member States, . . . ) . ensure that, under normal operating conditions, the industries concerned and non-governmental organi- - d d th ission 1 iated . . : | on in order t emissions do not exceed the emission levels associate sations promoting environmental protection in order to with the best available techniques as laid down in the facilitate the drawing up of best available techniques . . . . ' . . decisions on BAT conclusions referred to in Article 13(5) (BAT) reference documents as defined in Article 3(11) of Directive 2010/75[EU of that Directive. ’ () In accordance with Article 13(2) of Directive (6)  Article 15(4) of Directive 2010/75/EU provides for dero- 2010/75/EU, the exchange of information is to address gations from the requirement laid down in Article 15(3) the performance of installations and techniques in terms only where the costs associated with the achievement of of emissions, expressed as short- and long-term averages, emissions levels disproportionately outweigh the environ- wher.e- appropriate, .and the associated refere‘nce mental benefits due to the geographical location, the conditions, consumption and nature of raw materials, local environmental conditions or the technical character- water consumption, use of energy and generation of istics of the installation concerned. waste and the techniques used, associated monitoring, cross-media effects, economic and technical viability and developments therein and best available techniques and emerging techniques identified after considering the (7)  Article 16(1) of Directive 2010/75/EU provides that the issues mentioned in points (a) and (b) of Article 13(2) of that Directive. () O] L 334, 17.12.2010, p. 17. monitoring requirements in the permit referred to in point (c) of Article 14(1) of the Directive are to be based on the conclusions on monitoring as described in the BAT conclusions.