REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the exercise of the power to adopt delegated acts conferred on the Commission pursuant to Directive 2010/75/EU on industrial emissions (integrated pollution prevention and control)
Date: 2020-07-24
Institutions: Directorate-General for Environment, European Commission
Subjects: European Commission, delegated legislation, environmental policy, industrial equipment, pollution, pollution control measures, transfer of competence

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  EN 

   EUROPEAN COMMISSION  Brussels, 24.7.2020  COM(2020) 334 final  REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the exercise of the power to adopt delegated acts conferred on the Commission pursuant to Directive 2010/75/EU on industrial emissions (integrated pollution prevention and control)      
 
 
REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND 
THE COUNCIL on the exercise of the power to adopt delegated acts conferred on the 
Commission pursuant to Directive 2010/75/EU on industrial emissions (integrated 
pollution prevention and control) 

1. INTRODUCTION  

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  seeks  to  prevent  and 
control air, water and soil pollution caused by emissions from industrial installations.  

Articles 48(5) and 74 of Directive 2010/75/EU empower the Commission to adopt delegated 
acts in view of  

(i) 

(ii) 

setting  a  date  from  which  continuous  measurements  of  emissions  into  the  air  of 
certain pollutants are to be carried out 
and 
 adjusting  to  scientific  and  technical  progress  several  emission  monitoring  and 
compliance assessment methods referred to in its Annexes.   

2. LEGAL BASIS  

Article 76(1) of Directive 2010/75/EU requires the Commission to report on the exercise of 
the power to adopt relevant delegated acts referred to in Articles 48(5) and 74.  

Pursuant to this provision, the power to adopt delegated acts is conferred on the Commission 
for  a  period  of  five  years  from  6  January  2011,  which  shall  be  automatically  extended  for 
periods of an identical duration, unless the European Parliament or the Council revokes it in 
accordance with Article 77 of the Directive. 

In accordance with Article 76(1), the Commission is required to prepare a report in respect of 
the delegation of power at the latest six months before the end of the five-year period.  

Accordingly, the Commission issued the first report on 12 June 2015 covering the 6 January 
2011 - 5 January 2016 five-year period. Since the delegation of power was not revoked under 
Article 77, a second empowerment five-year period started on 6 January 2016 to last until 5 
January 2021.  

Accordingly, and based upon Article 76(1), this report covers this second five-year period.   

1 OJ L 334, 17.12.2010, p.17 

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3. EXERCISE OF THE DELEGATION  

The  exercise  of  the  empowerment  was  deemed  necessary  for  complementing  or  adapting 
several provisions foreseen by the Directive based on technical and scientific progress, if any. 

The Commission reports that it has not yet adopted relevant delegated acts.  

Indeed,  whilst  measurement  techniques  and  standards  for  continuous  measurements  of  air 
emissions as required under Article 48 of Directive 2010/75/EU are still under development, 
no scientific or technical progress related to methods on emission monitoring and compliance 
assessment, referred to in Annexes V-VII of that Directive has taken place.  

The reasons for missing progress relate to: 

(i) 

(ii) 

the  absence  of  European  (EN)  standards  for  techniques  for  the  continuous 
measurement of air emissions of heavy metals, dioxins and furans (Article 48(5)) 
and  
the  absence  of  significant  progress  in  the  revision  of  existing  EN  standards  for 
other pollutants covered by the Directive (Article 74). 

Accordingly,  the  Commission  has  not  been  in  the  position  to  adopt  delegated  acts  to  set  a 
date from which the continuous measurements of the relevant emissions are to be carried out 
and to adapt relevant Parts of Annexes V, VI or VII to Directive 2010/75/EU.      

4. CONCLUSION  

The  Commission  has  not  exercised  the  delegated  powers  conferred  to  it  under  Directive 
2010/75/EU over the past five years.  

The Commission invites the European Parliament and the Council to take note of this report. 

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