# EUR-Lex - 52010PC0596 - EN

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# 52010PC0596

**OPINION OF THE COMMISSION Pursuant to Article 294(7)(c) of the Treaty on the Functioning of the European Union, on the European Parliament’s amendments to the Council Position regarding the Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on industrial emissions (integrated pollution prevention and control)(recast) /* COM/2010/0596 final - COD 2007/0286 */**

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EN

|| EUROPEAN COMMISSION

Brussels, 25.10.2010

COM(2010) 596 final

2007/0286 (COD)

OPINION OF THE COMMISSION
Pursuant to Article 294(7)(c) of the Treaty on the Functioning of the European
Union, on the European Parliament’s amendments to the Council Position
regarding the Proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND
OF THE COUNCIL on industrial emissions (integrated pollution prevention and
control)(recast)

2007/0286 (COD)

OPINION OF THE COMMISSION
Pursuant to Article 294(7)(c) of the Treaty on the Functioning of the European
Union, on the European Parliament’s amendments to the Council Position
regarding the Proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND
OF THE COUNCIL on industrial emissions (integrated pollution prevention and
control)(recast)

1.           Background

Procedure

On 21 December 2007 the Commission
submitted a proposal for a Directive on industrial emissions (integrated
pollution prevention and control) to the European Parliament and Council for
adoption by ordinary legislative procedure as laid down in Article 294 of the
Treaty on the functioning of the European Union.

The Economic and Social Committee gave its
opinion on 14 January 2009. The Committee of the Regions adopted its opinion on
08 October 2008.

The European Parliament adopted its first
reading position on 10 March 2009.

The Council reached a political agreement
on 25 June 2009 and adopted its Common Position on 15 February 2010.

The European Parliament adopted its second
reading position on 07 July 2010.

2.           Objective of the Commission Proposal

The proposal for a Directive on industrial emissions clarifies
and strengthens existing legislative requirements, including those on implementing
best available techniques. It does this by recasting seven Directives related
to industrial emissions into one single Directive. This will help to reduce the
risks to human health and the environment caused by industrial pollution and to
create a more level playing field for industry.

3.           Commission comments

3.1         General

At its Plenary Session on 7 July 2010, the
European Parliament adopted a compromise package agreed with the Council in the
hope of reaching a second reading agreement.

These amendments concern:

–
the method for adopting Best Available Technique
conclusions and the flexibility granted to competent authorities to deviate
from such conclusions in setting emission limit values,

–
the provision of temporary flexibilities to the
Large Combustion Plant sector for compliance with the revised emission limit
values applicable to such plants,

–
a mechanism to allow the Commission to propose
new minimum requirements including emission limit values for activities based
on the environmental impact and state of implementation of best available
techniques,

–
clarification of provisions concerning general
binding rules, the review of permit conditions, inspections and access to
information.

The Commission accepts the compromise
package as it is in line with the overall purpose and general characteristics
of the proposal.

3.2         Amended Proposal

Pursuant to
Article 293(2) of the Treaty on the Functioning of the European Union, the
Commission amends its Proposal as set out above.