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)
Date: 2010-10-25
Institutions: European Commission
Subjects: air quality, environmental policy, impact study, industrial pollution, pollution control measures, prevention of pollution, reduction of gas emissions, waste incineration

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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) 

EN 

   EN 

 
 
  
 
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: 

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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. 

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