IED Principles
Flexibility
Article 15(4) of the IED contains certain elements of flexibility by allowing the licensing authorities to set less strict emission limit values in specific cases. Such measures are only applicable where an assessment shows that the achievement of emission levels associated with BAT as described in the BAT conclusions would lead to disproportionately higher costs compared to the environmental benefits due to:
- geographical location or the local environmental conditions or
- the technical characteristics of the installation.
The competent authority shall always document the reasons for the application of the flexibility measures in the permit including the result of the cost-benefit assessment.
It needs to be borne in mind, that even if the competent authority applies the derogation clause under Article 15(4) of the IED, the emission limit values established in the sectoral Chapters (III to VI) and their respective Annexes (V to VIII) have to be complied with.