Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) and Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste
Date: 2022-04-05
Institutions: Directorate-General for Environment, European Commission
Subjects: EU environmental policy, air quality, carbon neutrality, environmental protection, industrial pollution, pollution control measures, pollution from agricultural sources, soil pollution, waste management, water pollution

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   EUROPEAN COMMISSION  Strasbourg, 5.4.2022  COM(2022) 156 final/2 2022/0104 (COD)  CORRIGENDUM This document corrects document COM(2022)156 final Concerns the EN version only Transposition date added to article 3, following a formatting issue The text shall read as follows: Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) and Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste   (Text with EEA relevance) {SEC(2022) 169 final} - {SWD(2022) 110 final} - {SWD(2022) 111 final} - {SWD(2022) 112 final}  
 
 
 
 
TABLE OF CONTENTS 

EXPLANATORY MEMORANDUM ........................................................................................ 3 

1. 

2. 

3. 

4. 

5. 

CONTEXT OF THE PROPOSAL ............................................................................... 3 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY ............................... 9 

RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER 
CONSULTATIONS AND IMPACT ASSESSMENTS ............................................. 10 

BUDGETARY IMPLICATIONS .............................................................................. 13 

OTHER ELEMENTS ................................................................................................. 14 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Directive 2010/75/EU of the European Parliament and of the Council of 24 

November 2010 on industrial emissions (integrated pollution prevention and 
control) and Council Directive 1999/31/EC on the landfill of waste ................ 20 

LEGISLATIVE FINANCIAL STATEMENT ......................................................................... 51 

1. 

1.1. 

1.2. 

1.3. 

1.4. 

FRAMEWORK OF THE PROPOSAL/INITIATIVE ................................................ 51 

Title of the proposal/initiative .................................................................................... 51 

Policy area(s) concerned ............................................................................................. 51 

The proposal/initiative relates to: ............................................................................... 51 

Objective(s) ................................................................................................................. 51 

1.4.1.  General objective(s) .................................................................................................... 51 

1.4.2.  Specific objective(s) ................................................................................................... 51 

1.4.3.  Expected result(s) and impact ..................................................................................... 52 

1.4.4. 

Indicators of performance ........................................................................................... 52 

1.5. 

Grounds for the proposal/initiative ............................................................................. 53 

1.5.1.  Requirement(s) to be met in the short or long term including a detailed timeline for 

roll-out of the implementation of the initiative ........................................................... 53 

1.5.2.  Added value of Union involvement. ........................................................................... 54 

1.5.3.  Lessons learned from similar experiences in the past ................................................ 54 

1.5.4.  Compatibility with the Multiannual Financial Framework and possible synergies 

with other appropriate instruments ............................................................................. 55 

1.5.5.  Assessment of the different available financing options, including scope for 

redeployment .............................................................................................................. 55 

1.6. 

1.7. 

2. 

2.1. 

2.2. 

Duration and financial impact of the proposal/initiative ............................................ 58 

Management mode(s) planned .................................................................................... 58 

MANAGEMENT MEASURES ................................................................................. 58 

Monitoring and reporting rules ................................................................................... 58 

Management and control system(s) ............................................................................ 59 

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2.2.1. 

2.2.2. 

Justification of the management mode(s), the funding implementation 
mechanism(s), the payment modalities and the control strategy proposed ................ 59 

Information concerning the risks identified and the internal control system(s) set up 
to mitigate them .......................................................................................................... 59 

2.2.3.  Estimation and justification of the cost-effectiveness of the controls (ratio of 
"control costs ÷ value of the related funds managed"), and assessment of the 
expected levels of risk of error (at payment & at closure).......................................... 59 

2.3. 

Measures to prevent fraud and irregularities .............................................................. 59 

3. 

3.1. 

ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE ............ 59 

Heading(s) of the multiannual financial framework and expenditure budget line(s) 
affected ....................................................................................................................... 59 

3.2. 

Estimated financial impact of the proposal on appropriations ................................... 60 

3.2.1.  Summary of estimated impact on operational appropriations .................................... 60 

3.2.2.  Estimated output funded with operational appropriations -........................................ 64 

3.2.3.  Estimated impact on ECHA resources ....................................................................... 66 

3.2.3.1.  Estimated requirements of human resources in the Commission ............................... 67 

3.2.4.  Compatibility with the current multiannual financial framework .............................. 67 

3.2.5.  Third-party contributions ............................................................................................ 68 

3.3. 

Estimated impact on revenue ...................................................................................... 68 

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

•  
Directive  2010/75/EU  on  industrial  emissions  (‘the  IED’)1  regulates  the  environmental 
impacts  of around 52 000 of Europe’s large-scale, high-pollution-risk industrial installations 
and  livestock  farms  (‘agro-industrial  installations’)  in  an  integrated  manner,  on  a  sector-by-
sector basis. It covers all relevant pollutants potentially emitted by agro-industrial installations 
that affect human health and the environment. Installations regulated by the IED account for 
about  20%  of  the  EU’s  overall  pollutant  emissions  by  mass  into  the  air,  around  20%  of 
pollutant emissions into water and approximately 40% of greenhouse gas (GHG) emissions. 
Activities  regulated  by  the  IED  include  power  plants,  refineries,  waste  treatment  and 
incineration, production of metals, cement, glass, chemicals, pulp and paper, food and drink, 
and the intensive rearing of pigs and poultry. An installation regulated by the IED may carry 
out several IED activities, e.g. cement production and waste co-incineration. 

The 2020 evaluation2 of the IED concluded that it was generally effective in preventing and 
controlling  pollution  into  air,  water  and  soil  from  industrial  activities,  and  in  promoting  the 
use  of  best  available  techniques  (BAT).  The  IED  has  substantially  reduced  emissions  of 
pollutants  into  the  air  and,  to  a  lesser  degree,  water  emissions.  It  has  also  helped  reducing 
emissions into the soil from IED installations. Although its impacts on resource efficiency, the 
circular economy  and innovation  are harder to  assess, the Directive appears to  have made a 
positive contribution, albeit of limited magnitude. It has also made a limited contribution to 
decarbonisation,  within  the  constraints  currently  placed  on  the  IED.  Other  aspects,  such  as 
public  access  to  information  and  access  to  justice,  have  improved  compared  to  the  earlier 
legislation that the IED replaced.  

However,  the  evaluation  also  identified  several  areas  for  improvement,  in  light  of  new 
challenges.  It  showed  that,  while  it  provides  a  sound  framework,  the  Directive  is  not  being 
implemented consistently across Member States, with different levels of ambition preventing 
the  instrument  from  fully  delivering  on  its  objectives.  These  challenges  undermine  the 
Directive's  capacity  to  reduce  the  environmental  pressures  exerted  by  agro-industrial 
installations  and  set  a  level  playing  field  that  provides  a  high  level  of  protection  of  human 
health  and  the  environment.  As  concluded  by  the  European  Court  of  Auditors,  these  issues 
also  affect  the  IED's  capacity  to  implement  the  ‘polluter  pays’  principle  in  an  appropriate 
manner. 

To  address  those  challenges  and  incentivise  the  deep  industrial  transformation  required 
between 2025 and 2050, the Commission committed in the European Green Deal3 (EGD) to 
revise  EU  measures  to  address  pollution  from  large  agro-industrial  installations.  Moreover, 

1 

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Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial 
emissions (integrated pollution prevention and control); OJ L 334, 17.12.2010, p. 17–119. 
Commission  Staff  Working  Document  Evaluation  of  the  Industrial  Emissions  Directive  (IED);  
SWD(2020) 181 final.  
Communication  from  the  Commission  to  the  European  Parliament,  the  European  Council,  the  Council, 
the  European Economic and Social Committee and the  Committee of the Regions The European Green 
Deal; COM(2019) 640 final. 

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the Union is committed to the 2030 Agenda for Sustainable Development4 and its Sustainable 
Development Goals5. This proposal contributes to several of the SDGs. 

This  initiative's  general  objective is  to help,  in the most effective  and efficient way, protect 
ecosystems and human health from the adverse effects of pollution from large agro-industrial 
installations  and  improve  EU  industry’s  resilience  to  the  impacts  of  climate  change.  The 
revision  of  the  IED  aims  to  stimulate  a  deep  agro-industrial  transformation  towards  zero 
pollution  through  the  use  of  breakthrough  technologies,  thereby  contributing  to  the  EGD's 
objectives of reaching carbon neutrality, increased energy efficiency, a non-toxic environment 
and a circular economy. It also aims to continue supporting the creation of a competitive level 
playing  field  providing  a  high  level  of  protection  of  human  health  and  the  environment.  In 
addition,  the  IED  revision  will  seek  to  modernise  and  simplify  the  current  legislation,  e.g. 
through digitalisation and improving knowledge about sources of pollution. The initiative will 
also  aim  to  improve  public  participation  in  decision-making  and  increase  access  to 
information and justice, including to effective redress mechanisms. 

More specifically, the revision of the Directive will seek to: 

‘ i.  

ii.  

iii.  

iv.  

v.  

vi.  

vii.  

improve  IED  effectiveness  in  preventing  or,  when  impractical,  minimising  the 
emission  of  pollutants  by  agro-industrial  installations  at  source,  as  evidenced  by 
continued  or  accelerated  decreasing  trends  of  emission  levels,  to  avoid  or  reduce 
adverse  impacts  on  health  and  the  environment,  taking  into  account  the  state  of 
environment in the area affected by these emissions; 

ensure access by private individuals and civil society to information, participation in 
decision-making,  and  access  to  justice  (including  effective  redress)  in  relation  to 
permitting, operation and control of the regulated installations, resulting in increased 
civil society action; 

clarify and simplify the legislation and reduce administrative burden while promoting 
consistency of implementation by the Member States; 

promote  the  uptake  of  innovative  technologies  and  techniques  during  the  ongoing 
industrial  transformation,  by  revising  BAT  reference  documents  (BREFs)  without 
delay,  when  there  is  evidence  that  better  performing  innovative  techniques  become 
available, and ensuring permits support frontrunners;  

support  the  transition  towards  the  use  of  safer  and  less  toxic  chemicals,  improved 
resource efficiency (energy, water and waste prevention) and greater circularity;  

support  decarbonisation  by  fostering  synergies  in  the  use  of  and  investments  in 
techniques that prevent  or reduce pollution and  carbon  emissions, as evidenced by  a 
coupling of the trends in emission intensities; 

address  the  harmful  impacts  on  health  and  the  environment  from  agro-industrial 
activities  currently  not  regulated  by  the  IED,  as  evidenced  by  decreasing  trends  of 
emission intensity.’  

The  Council6  and  the  European  Parliament7,8,9  welcomed  the  revision  of  the  IED  and 
expressed their expectations that this revision should address pollutant emissions into the air 

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5 

https://www.un.org/ga/search/view_doc.asp?symbol=A/RES/70/1&Lang=E. 
https://sdgs.un.org/goals. 

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from industrial and agricultural activities and contribute to the circular economy, including by 
promoting  water  reuse  in  industry10,11.  The  European  Citizens  Panel  on  climate  change  and 
environment  has  adopted  clear  recommendations  in  this  respect  in  the  framework  of  the 
Conference  on  the  Future  of  Europe12.  In  that  context,  European  citizens  have  expressed 
manifest  support  for  the  EU  to  tackle  the  pollution  of  water,  soil  and  air  and  to  reduce  
methane emissions, and they emphasize the responsibilities of the polluters.  

The  multi-stakeholder  High  Level  Group  on  Energy-Intensive  Industries,  advising  the 
Commission  on  policies  relevant  to  energy-intensive  industries  since  2015,  developed  a 
masterplan13  setting  out  recommendations  to  build  the  policy  framework  needed  to  manage 
this  transition  while  keeping  industry  competitive.  It  recommended  that  ‘the  Industrial 
Emissions  Directive  permitting  process  should  be  adapted  to  support  GHG  abatement 
measures in energy-intensive installations throughout the transition.’ 

• 

Consistency with existing policy provisions in the policy area  

The EGD is Europe’s growth strategy to ensure a climate-neutral, clean and circular economy 
by 2050, optimising resource management and energy efficiency,  and minimising pollution, 
while  recognising  the  need  for  deeply  transformative  policies  in  line  with  the  Energy 
Efficiency First principle. The EU chemicals strategy for sustainability14 of October 2020 and 
the zero pollution action plan15 adopted in May 2021 specifically address the pollution aspects 
of  the  EGD.  In  parallel,  the  new  industrial  strategy  for  Europe16  highlights  the  need  for 
research, innovation and investments  for new technologies  to  strengthen  Europe’s industrial 
competitiveness  and  facilitate  industry’s  shift  to  a  truly  sustainable,  greener,  efficient  and 
more  digital  economy.  The  updated  May  2021  version  of  this  strategy17  further  emphasises 
the potential role of transformative technologies.  

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16 

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Council Conclusions of 5 March 2020 (6650-2020). 
European  Parliament  resolution  of  25  March  2021  on  the  implementation  of  the  Ambient  Air  Quality 
Directives: Directive 2004/107/EC and Directive 2008/50/EC (2020/2091(INI)).  
European Parliament resolution of 15 January 2020 on the European Green Deal (2019/2956(RSP)).  
European  Parliament  resolution  of  25  November  2020  on  a  new  industrial  strategy  for  Europe 
(2020/2076(INI)).  
Council Conclusions of 3 June 2021 (9419/21).  
Communication  from  the  Commission  ‘A  new  circular  economy  action  plan  for  a  cleaner  and  more 
competitive Europe’, COM/2020/98 final. 
https://futureu.europa.eu/pages/about 
See  Masterplan  for  a  competitive  transformation  of  EU  energy-intensive  industries  enabling  a  climate-
neutral,  circular  economy  by  2050,  available  at:  https://op.europa.eu/en/publication-detail/-
/publication/be308ba7-14da-11ea-8c1f-01aa75ed71a1/language-en.  
Communication from the Commission to the European Parliament, the Council, the European Economic 
and Social Committee and the Committee of the Regions, Chemicals Strategy for Sustainability Towards 
a Toxic-Free Environment COM(2020) 667 final.  
Communication from the Commission to the European Parliament, the Council, the European Economic 
and Social Committee and the Committee of the Regions,  Pathway to a Healthy Planet for All EU Action 
Plan: 'Towards Zero Pollution for Air, Water and Soil' COM(2021) 400 final.  
Communication  from  the  Commission  to  the  European  Parliament,  the  European  Council,  the  Council, 
the  European  Economic  and  Social  Committee  and  the  Committee  of  the  Regions,    A  New  Industrial 
Strategy for Europe COM(2020) 102 final.  
Communication from the Commission to the European Parliament, the Council, the European Economic 
and  Social  Committee  and  the  Committee  of  the  Regions,  Updating  the  2020  New  Industrial  Strategy: 
Building a stronger Single Market for Europe’s recovery COM(2021) 350 final.  

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Other particularly relevant policies include the ‘fit for 55’ package18, the methane strategy19 
and the Glasgow methane pledge, the climate adaptation strategy20, the biodiversity strategy21, 
the ‘farm to fork’ strategy22, the soil strategy23 and the sustainable products initiative24. 

In  the  EGD,  the  Commission  commits  to  revising  EU  measures  to  address  pollution  from 
large industrial installations. It does this notably by looking at the scope of the legislation and 
at how to make EU legislation in this area fully consistent with the zero pollution ambition, 
and  climate,  energy  and  circular  economy  policies,  bearing  in  mind  the  benefits  for  both 
public health and biodiversity. The  IED and Regulation (EC) No 166/2006 on the European 
Pollutant  Release  and  Transfer  Register  (‘the  E-PRTR  Regulation’)25  are  complementary 
instruments  regulating  the  environmental  impact  of  industry.  The  IED  aims  to  secure  a 
progressive reduction in pollution from the EU’s largest agro-industrial installations26, while 
preserving  a  competitive  level  playing  field.  The  E-PRTR  Regulation  facilitates  the 
monitoring of pollution-reduction efforts by improving publicly available information on the 
actual performance of installations. 

This legislation has links with many other policies since it seeks to address the environmental 
pressures from agro-industrial installations in a holistic manner. 

The  IED  has  played  an  important  role  in  reducing  emissions  of  pollutants  from  industry, 
especially  to  the  air,  but  has  made  a  more  limited  contribution  to  the  circular  economy 
(resource efficiency) and to reducing emissions of pollutants into water.  

Water  is  one  of  the  three  main  pillars  of  the  ‘zero  pollution  action  plan’,  which  aims  to 
achieve a toxin-free society by 2050, with pollution reduced to either zero, or levels that are 
no longer harmful for nature and humans. This implies action not only downstream, such as at 
the  level  of  wastewater  treatment  plants,  but  also  upstream,  where  substances  are  produced 
and used. This proposal to revise the IED is consistent with EU water legislation, in particular 

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25 

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Communication from the Commission to the European Parliament, the Council, the European Economic 
and Social Committee and the Committee of the Regions,  'Fit for 55': delivering the EU's 2030 Climate 
Target on the way to climate neutrality COM/2021/550 final. 
Communication from the Commission to the European Parliament, the Council, the European Economic 
and Social Committee and the Committee of the Regions on an EU strategy to reduce methane emissions 
COM(2020) 663 final. 
Communication from the Commission to the European Parliament, the Council, the European Economic 
and Social Committee and the Committee of the Regions Forging a climate-resilient Europe - the new EU 
Strategy on Adaptation to Climate Change COM(2021) 82 final  
Communication from the Commission to the European Parliament, the Council, the European Economic 
and  Social  Committee  and  the  Committee  of  the  Regions  EU  Biodiversity  Strategy  for  2030  Bringing 
nature back into our lives COM(2020) 380 final.  
Communication from the Commission to the European Parliament, the Council, the European Economic 
and Social Committee and the Committee of the Regions A Farm to Fork Strategy for a fair, healthy and 
environmentally-friendly food system COM(2020) 381 final.  
Communication from the Commission to the European Parliament, the Council, the European Economic 
and Social Committee and the Committee of the Regions EU Soil Strategy for 2030 Reaping the benefits 
of healthy soils for people, food, nature and climate COM(2021) 699 final. 
COM(2022) 142 
Regulation  (EC)  No  166/2006  of  the  European  Parliament  and  of  the  Council  of  18  January  2006 
concerning  the  establishment  of  a  European  Pollutant  Release  and  Transfer  Register  and  amending 
Council Directives 91/689/EEC and 96/61/EC; OJ L 33, 4.2.2006, p. 1-17. 
The  expression  ‘agro-industrial  installations’  is  used  to  capture  all  types  of  activities  that  may  be 
regulated by the IED, including in particular energy-intensive industries and rearing livestock. 

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Directive  2000/60/EC  (the  Water  Framework  Directive27),  and  its  two  related  directives, 
Directive  2006/118/EC  (on  groundwater28)  and  Directive  2008/105/EC,  as  amended  by 
Directive 2013/39/EC, on environmental quality standards in the field of water policy29.  

EU  water  legislation  obliges  Member  States  to  avoid  deterioration  in  the  status  of  all  water 
bodies and to achieve good status for all water bodies, through a system of integrated water 
management per river basin. Through six-yearly management cycles, ecological and chemical 
status (surface waters) and quantitative and chemicals status (groundwater) are assessed and 
measures  are  planned  to  address  all  pressures  on  water  bodies,  including  from  agriculture, 
industry, households and other economic activities (including navigation, flood protection and 
hydropower). In light of the zero pollution action plan, the Commission has announced that it 
will  formulate  a  proposal  in  2022  to  further  tighten  rules  on  surface  and  groundwater 
pollutants, as part of a legislative proposal on ‘integrated water management’.  

The IED proposal complements these initiatives  by, among others, widening the Directive’s 
scope,  encouraging  the  development  of  new  technologies  to  reduce  emissions,  improving 
resource  and  energy  efficiency,  promoting  water  reuse,  ensuring  better  controlled  and  more 
integrated permitting requirements, and introducing a mandatory environmental management 
system.  The proposal  will strengthen the integrated approach by  clarifying  requirements  for 
cooperation between relevant competent authorities. This cooperation includes reviewing and 
updating  permits,  depending  on  the  status  of  the  receiving  environment,  and/or  planning 
measures to comply with environmental quality standards, objectives, plans and programmes 
under  the  water  legislation.  Increased  coherence  will  also  be  created  by  clarifying  the  rules 
that apply to the indirect release of polluting substances into water through urban wastewater 
treatment  plants.  Fostering  innovation  will  help  address  persistent  chemical  substances  and 
substances  newly  identified  as  being  of  concern,  including  per-  and  polyfluoroalkyl 
substances (PFAS), microplastics and pharmaceuticals. This is consistent with the chemicals 
strategy  for  sustainability,  the  European  Commission’s  Communication  on  a  strategic 
approach 
the  Communication  on  a 
pharmaceuticals strategy31.  

the  environment30  and 

to  pharmaceuticals 

in 

The ‘exchange of information’ process under the IED to draw up and review Best Available 
Technique  reference  documents  (BREFs)  should  take  account  of  the  identification  of 
substances of concern under EU water legislation. In particular, these include ‘watch lists’ of 
substances for groundwater and surface water, and substances identified as possibly posing a 
significant risk to or via the aquatic environment at EU level.  

27 

28 

29 

30 

31 

Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a 
framework for Community action in the field of water policy; OJ L 327, 22.12.2000, p. 1-73. 
Directive  2006/118/EC  of  the  European  Parliament  and  of  the  Council  of  12  December  2006  on  the 
protection of groundwater against pollution and deterioration; OJ L 372, 27.12.2006, p. 19-31. 
Directive  2008/105/EC  of  the  European  Parliament  and  of  the  Council  of  16  December  2008  on 
environmental  quality  standards  in  the  field  of  water  policy,  amending  and  subsequently  repealing 
Council  Directives  82/176/EEC,  83/513/EEC,  84/156/EEC,  84/491/EEC,  86/280/EEC  and  amending 
Directive 2000/60/EC of the European Parliament and of the Council; OJ L 348, 24.12.2008, p. 84-97.  
Communication from the Commission to the European Parliament, the Council, the European Economic 
and  Social  Committee  and  the  Committee  of  the  Regions  European  Union  Strategic  Approach  to 
Pharmaceuticals in the Environment COM(2019) 128 final. 
Communication from the Commission to the European Parliament, the Council, the European Economic 
and  Social  Committee  and  the  Committee  of  the  Regions  Pharmaceutical  Strategy  for  Europe 
COM(2020) 761 final. 

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The  exchange  of  information  under  the  IED  will  also  benefit  the  development  of  water 
efficiency measures  and  consideration of water reuse by  agro-industrial  installations, in  line 
with the circular economy action plan32, which commits to promoting water reuse in industry. 
Regulation (EU) 2020/741 on minimum requirements for water reuse33, adopted in May 2020, 
applies to water reuse for agricultural irrigation but it also highlights the great potential for the 
recycling and reuse of treated wastewater for industrial purposes, as part of integrated water 
management and the circular economy. 

By  regulating  certain  activities  at  source,  the  IED  supports  Member  States  in  meeting  their 
obligations under other  EU legislation that sets environmental quality standards, such as the 
Ambient Air Quality Directive34. It also supports Member States in meeting their objectives 
under  EU  legislation  that  sets  national  targets,  such  as  the  National  Emission  Reduction 
Commitments  Directive35,  the  Effort  Sharing  Regulation36,  and  the  Energy  Efficiency 
Directive37.  

The  IED’s  BAT  associated  emissions  levels  were  utilised  to  define  the  ‘do-no-significant-
harm’  criteria  for  the  Taxonomy  Climate  Delegated  Act38.  The  proposed  IED  revision 
measures  will  further  support  the  EU  Taxonomy  on  sustainable  investments  over  time  by 
setting  additional  and  updated  criteria.  These  criteria  will  be  determined  with  a  view  to 
making a substantial contribution to preventing and controlling pollution, with the additional 
objective  of  helping  the  Sustainable  Finance  Platform  to  define  which  activities  might  be 
termed as sustainable. 

Finally,  the  IED  helps  to  improve  general  environmental  performance,  contributing  to 
meeting the objectives of other EU sectoral legislation including in relation to REACH, waste, 
and the protection of nature. 

32 

33 

34 

35 

36 

37 

38 

Communication from the Commission to the European Parliament, the Council, the European Economic 
and  Social  Committee  and  the  Committee  of  the  Regions  A  new  Circular  Economy  Action  Plan  For  a 
cleaner and more competitive Europe COM(2020) 98 final. 
Regulation (EU) 2020/741 of the European Parliament and of the Council  of 25 May 2020 on minimum 
requirements for water reuse; OJ L 177, 5.6.2020, p. 32-55. 
Directive  2008/50/EC  of  the  European  Parliament  and  of  the  Council  of  21  May  2008  on  ambient  air 
quality and cleaner air for Europe; OJ L 152, 11.6.2008, p. 1-44. 
Directive (EU) 2016/2284 of the European Parliament and of the Council of 14 December 2016 on the 
reduction  of  national  emissions  of  certain  atmospheric  pollutants,  amending  Directive  2003/35/EC  and 
repealing Directive 2001/81/EC; OJ L 344, 17.12.2016, p. 1-31. 
Regulation  (EU)  2018/842  of  the  European  Parliament  and  of  the  Council  of  30  May  2018  on  binding 
annual greenhouse gas emission reductions by Member States from 2021 to 2030 contributing to climate 
action to meet commitments under the Paris Agreement and amending Regulation (EU) No 525/2013; OJ 
L 156, 19.6.2018, p. 26-42. 
Directive  2012/27/EU  of  the  European  Parliament  and  of  the  Council  of  25  October  2012  on  energy 
efficiency, amending Directives 2009/125/EC and 2010/30/EU and repealing Directives  2004/8/EC and 
2006/32/EC; OJ L 315, 14.11.2012, p. 1–56. 
Commission Delegated Regulation supplementing Regulation (EU) 2020/852 of the European Parliament 
and  of  the  Council  by  establishing  the  technical  screening  criteria  for determining  the  conditions  under 
which an economic activity qualifies as contributing substantially to climate change mitigation or climate 
change adaptation and for determining whether that economic activity causes no significant harm to any 
of the other environmental objectives; C/2021/2800 final. 

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Consistency with other Union policies 

• 
The  8th  environment  action  programme39  focuses  on  six  interlinked  priority  objectives. 
Among these are:  

 

 

Article  2(d)  –  pursuing  zero  pollution,  including  in  relation  to  harmful 
chemicals,  in  order  to  achieve  a  toxin-free  environment,  including  air,  water 
and soil. It also aims to reduce light and noise pollution, and protect the health 
and  well-being  of  people,  animals  and  ecosystems  from  environment-related 
risks and negative impacts.  

Article  2(f)  –  promoting  environmental  aspects  of  sustainability  and 
significantly  reducing  key  environmental  and  climate  pressures  related  to  the 
EU’s  production  and  consumption.  This  particularly  relates  to  the  areas  of 
energy,  industry,  buildings  and  infrastructure,  mobility,  tourism,  international 
trade and the food system.  

The IED proposal will help meet these objectives.  

The new geopolitical and energy market reality requires the Union to drastically accelerate the 
clean energy transition and increase Europe's energy independence from unreliable suppliers 
and  volatile  fossil  fuels.  As  part  of  the  EU  response  to  the  2022  Russia-Ukraine  war,  the 
REPowerEU initiative40 aims to increase the resilience of the EU-wide energy system through 
a diversification of gas supplies and a reduction of the use of fossil fuels by boosting energy 
efficiency, 
infrastructure 
bottlenecks. The revision of the Directive contributes to the resilience of the EU-wide energy 
system through improving energy efficiency of industrial processes in the Union. 

renewables  and  electrification,  and  addressing 

increasing 

This proposed Directive is a pilot, following the Commission's ‘one in one out’  approach to 
reduce  administrative  burden.  The  supporting  impact  assessment  report  provides  detailed 
information  on  the  proposal's  expected  administrative  burden.  The  section  of  this 
memorandum on regulatory fitness and simplification outlines measures proposed to limit the 
proposal's administrative burden. 

2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

The  legal  basis  for  this  proposal  is  Article  192  TFEU.  In  accordance  with  Article  191  and 
192(1)  TFEU,  the  EU  is  required  to  contribute  to  the  pursuit  of  the  following  objectives: 
preserving, protecting and improving the quality of the environment; promoting measures at 
international level to deal with regional or worldwide environmental problems, and combating 
climate change. 

• 

Subsidiarity (for non-exclusive competence)  

This  Directive's  objectives  of  ensuring  a  high  level  of  environmental  protection  and 
improving  environmental  quality  throughout  the  Union  cannot  be  sufficiently  achieved  by 

39 

40 

Proposal for a Decision of the Europen Parliament and of the Council on a General Union Environment 
Action Programme to 2030; COM/2020/652 final. 
Communication  from  the  Commission  to  the  European  Parliament,  the  European  Council,  the  Council, 
the  European  Economic  and  Social  Committee  and  the  Committee  of  the  Regions  REPowerEU:  Joint 
European Action for more affordable, secure and sustainable energy; COM(2022) 108 final. 

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Member  States.  Because  of  the  transboundary  nature  of  pollution  from  industrial  activities, 
these objectives can be better achieved at EU level, justifying the EU's adoption of measures 
in  accordance  with  the  principle  of  subsidiarity  as  set  out  in  Article  5  of  the  Treaty  on 
European Union.  

Pollution  from  agro-industrial  installations  disperses  across  national  borders  and  pollution 
control cannot be sufficiently achieved by one Member State alone. In addition, the operation 
of industrial plants is closely linked to the functioning of the single market. In the absence of 
an  EU-wide  approach  for  setting  environmental  performance  standards,  the  same  industries 
would  face  different  pollution  control  regulations  in  each  Member  State,  with  the  risk  of 
creating an uneven playing field, fragmenting the single market and impeding the EU's efforts 
to pursue the Treaty objective of achieving a high level of environmental and human health 
protection.  

• 

Proportionality 

The design of the IED ensures proportionality of outcomes by (i) defining BAT as the most 
environmentally  effective  and  economically  viable  range  of  proven  techniques  used  in  a 
sector,  and  (ii)  allowing  derogations  in  individual  cases  if  applying  the  EU-wide  BAT 
requirements  would 
the  expected 
environmental/health benefits. 

to  costs  disproportionately  higher 

than 

lead 

The supporting impact assessment assesses the impacts of all proposed revisions of the IED. 
Both  qualitative  and  quantitative  assessment  has  been  undertaken  that  shows  that  the 
proposals  are  proportionate,  i.e.  that  societal  benefits  are  significantly  higher  than  the  costs 
incurred. 

The measures with  the largest  impact  were identified as extending the scope to  cover cattle 
farms and a larger number of pig and poultry farms. The monetised health and environmental 
benefits  from  reduced  methane  and  ammonia  emissions  are  valued  at  over  EUR 5.5  billion 
per/year,  while  the  compliance  costs  are  EUR 265 million  and  administrative  costs 
(administrations  and  operators)  are  EUR 223 million,  resulting  in  a  very  beneficial  cost-
benefit factor of 11. 

• 

Choice of the instrument 

The  proposal's  objectives  can  be  best  pursued  through  a  Directive.  This  is  the  most 
appropriate  legal  instrument  to  make  amendments  to  the  existing  Directive  on  Industrial 
Emissions (Directive 2010/75/EU).  

A Directive requires Member States to achieve its objectives and implement the measures into 
their  national  substantive  and  procedural  law  systems.  This  approach  gives  Member  States 
more freedom when implementing an EU measure than a Regulation, in that Member States 
are able to choose the most appropriate means of implementing the measures in the Directive. 
This allows Member States to ensure that the amended rules are embedded in their substantive 
and  procedural  legal  framework  for  implementing  the  EU  IED,  in  particular  regulating 
permits for installations and enforcement measures and penalties.  

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3. 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Ex-post evaluations/fitness checks of existing legislation 

• 
The evaluation of the IED carried out in 202041 found that it had been effective in reducing 
environmental  impacts  and  competitive  distortions  in  the  EU.  The  collaborative  process  for 
producing BREFs and identifying BAT, also known as the ‘Sevilla Process’, has worked well 
and is recognised as a model of collaborative governance. 

The  IED  has  led  to  substantially  reduced  pollutant  emissions  into  the  air  and,  to  a  lesser 
degree,  into  water.  It  reduced  emissions  into  soil  from  IED  installations.  Its  impacts  on 
resource  efficiency,  the  circular  economy  and  innovation  are  harder  to  assess;  it  appears  to 
have made a positive contribution of limited magnitude. Other aspects, such as public access 
to information and access to justice, have somewhat improved. 

The  IED  was  evaluated  as  largely  efficient.  The  benefits  of  BAT  conclusions  substantially 
outweigh costs. No disproportionate or unnecessary administrative costs have been identified. 
There are mixed impacts on EU competitiveness; no evidence shows these to be significant. 

All stakeholder groups considered the IED relevant. It can respond to emerging environmental 
issues, despite the length of the BREF process. While the IED has not contributed greatly to 
decarbonisation, views diverge about whether it is relevant to this. 

The  IED  was  evaluated  as  being  coherent  internally  and  with  other  EU  policies,  however 
there  is  scope  for  greater  contribution  to  these.  Some  interpretation  challenges  require 
clarification. 

The  IED  was  deemed  to  provide  significant  EU  added  value.  It  ensures  more  consistent 
requirements  to  reduce  industrial  pollution,  including  through  monitoring  and  enforcement, 
reducing single market distortions. Absence of EU action would have led to less demanding 
standards and fewer health and environment benefits. The BREF process is not replicable by 
individual  Member  States,  and  is  increasingly  used  by  non-EU  countries.  The  IED’s 
decentralised approach is consistent with the subsidiarity and proportionality principles. 

The evaluation has identified a number of areas where the IED’s performance does not appear 
to  be  as  satisfactory  as  desired  with  regard  to  reducing  pollutant  emissions,  especially  into 
water,  contributing  to  GHG  emission  reduction,  promoting  non-toxic  production,  and 
improving  resource  efficiency  and  reuse.  These  areas  are  central  to  the  revision  of  the  IED 
announced in the EGD Communication. 

• 

Stakeholder consultations 

The  impact  assessment  accompanying  the  combined  revision  of  the  Industrial  Emissions 
Directive (IED) and E-PRTR Regulation was subject to a thorough consultation process. This 
included  a  variety  of  different  consultation  activities  aimed  at  gathering  the  views  of  all 
relevant  stakeholders  and  ensuring  that  the  views  of  different  organisations  and  stakeholder 
types were considered.  

Firstly,  initial  feedback  was  provided  on  the  published  inception  impact  assessment  via  the 
Commission’s  ‘Have  Your  Say’  interactive  portal  (154  responses;  consultation  period  24 
March  2020  to  21  April  2020).  This  was  followed  by  a  joint  IED  and  E-PRTR  public 
consultation  (online  survey  via  the  Commission’s  ‘Have  Your  Say’  interactive  portal;  336 

41 

Supra No 2 

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responses; from 20 December 2020 to 23 March 2021). The survey contained 24 questions, 
four of which related specifically to the E-PRTR.  

Then,  a  targeted  stakeholder  survey  took  place  from  8  February  to  9  April  2021.  This 
consisted of an online survey of a more detailed nature (235 responses), to further improve the 
evidence  base  by  collecting  more  specialised  feedback  from  specific  stakeholder  groups  on 
six problem areas, grouped by the options being considered in the impact assessment study.  

These  problem  areas  were  as  follows:  i)  the  environment  is  polluted;  ii)  a  climate  crisis  is 
happening;  iii)  natural  resources  are  being  depleted;  iv)  state  of  the  art  techniques  cannot 
respond  satisfactorily  to  problem  areas  i)  to  iii);  v)  private  individuals  have  limited 
opportunities  to  become  informed about,  and take action regarding impacts  caused by  agro-
industrial plants; and vi) excessive burdens may affect the efficiency of the policy instrument.  

Feedback received through those surveys was also complemented by consulting focus groups, 
in  June-August  2021,  to  engage  stakeholders  in  deeper  discussions  on  key  themes. 
Stakeholders  were  selected  based  on  their  sectoral  representation  and  to  ensure  a  good 
geographical  and  stakeholder-type  distribution  between  environmental  NGOs,  industry 
representatives and Member States’ ministries and competent authorities, to enable balanced 
discussions.  

Finally, two stakeholder workshops were held remotely, on 15 December 2020 and 7-8 July 
2021. 

Civil society and environmental NGOs considered all the above problem areas to be of high 
relevance, in particular in relation to: 

- 

- 

the environmental impacts and decarbonisation being insufficiently addressed by the IED; 

the need to have the E-PRTR pollutant list updated more quickly to take account of new 
threats; and  

- 

limited access to information on installations’ performance levels.  

This  limited  access  to  information  was  perceived  by  all  stakeholder  groups  as  an  important 
issue that needs to be addressed.   

However, there were differences in the feedback from industry and business associations, who 
were  more  neutral  (but  not  negative)  in  acknowledging  issues  regarding  resource  efficiency 
and  less  toxic  production.  Industry  and  business  associations  were  also  more  neutral  in 
acknowledging  the  need  to  support  decarbonisation,  highlighting  the  potential  additional 
reporting costs and risks of overlaps with the Emissions Trading System (ETS)42. Regarding 
the Directive's limited scope, industry and business associations noted cost issues, and argued 
that  existing  national  regimes  and  EU  legislation  are  sufficient  to  tackle  most  of  the 
difficulties encountered.  

All stakeholders agreed that the IED's contribution to facilitating, harnessing and promoting 
innovation was too limited. 

42 

Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a 
scheme  for  greenhouse  gas  emission  allowance  trading  within  the  Community  and  amending  Council 
Directive 96/61/EC; OJ L 275, 25.10.2003, p. 32–46. 

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• 

Impact assessment 

An  impact  assessment  was  carried  out,  which  resulted  in  a  positive  opinion  from  the 
Regulatory Scrutiny Board43 dated of 10 December 2021.  

Five  partly  interlinked  but  independent  policy  options  were  proposed  and  assessed;  the 
selected  sub-options  for  each  problem  area  were  brought  together  to  form  the  following 
preferred policy package: 

-   Effectiveness: full implementation of 24 optimisation and updating measures.  

-  Innovation: frontrunners have freedom to test novel techniques, combined with setting up 
an  innovation  centre  for  industrial  transformation  and  emissions  (INCITE)  and  2030 
operators’ transformation plans.  

-   Resource use and chemicals: improved environmental management system.  

-  Decarbonisation:  energy  efficiency  minimum  levels  will  be  introduced,  to  maximise 
energy  efficiency  and  minimise  energy  consumption.  A  review  of  the  synergies  between 
the  IED  and  the  ETS  will  take  place  in  2028,  allowing  optimal  synergies  from  2030 
onwards.  

-  Sectoral  scope:  additional  activities  will  come  into  the  scope  of  the  IED,  principally 

intensive cattle rearing, and certain extractive activities.  

The  impacts  of  the  preferred  package  are  expected  to  be  as  follows.  Overall,  benefits  are 
expected to considerably outweigh costs. 

While it has not been possible to quantify and monetise all impacts, is estimated that the set of 
measures  enhancing  the  effectivenes  of  the  Directive  have  health  benefits  between 
EUR 860 million and EUR 2.8 billion per year with annual business CAPEX/OPEX costs of 
about EUR 210 million. 

The overall administrative burden of the whole proposal is estimated at EUR 250 million per 
year for industrial operators and EUR 196 million per year for public authorities. 

Extending  livestock  farms  coverage  would  result  in  methane  and  ammonia  emission 
reductions,  with  related  health  benefits  of  over  EUR 5.5 billion  per  year.  An  extended 
coverage  of  the  10%  largest  cattle  farms,  representing  41%  of  emissions  of  the  sector,  will 
lead to a yearly reduction of at least 184 kt of methane and 59 kt of ammonia. Extending the 
coverage of pig and poultry farms to the largest 18% of pig farms and 15% of poultry farms, 
representing  respectively  85%  and  91%  of  the  emissions  of  the  sectors,  will  reduce  yearly 
emissions at least by 135 kt methane and 33 kt ammonia from pig farms, and 62 kt ammonia 
from poultry farms. Such increased scope will enhance the IED coverage from 18 to 60% of 
emissions of ammonia by rearing of cattle, pigs and poultry; and from 3% to 43% of methane 
emissions. Related compliance costs are estimated to be around EUR  265 million per year. 

• 

Regulatory fitness and simplification 

In  line  with  the  Commission’s  commitment  to  better  regulation,  this  proposal  has  been 
prepared 
transparency  and  continuous  engagement  with 
stakeholders, listening to external feedback and taking account of external scrutiny to ensure 
the proposal strikes the right balance. 

inclusively,  based  on  full 

43 

Ares(2021)7643865 – 10/12/2021 

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The IED is the result of a better regulation initiative that successfully merged and simplified 
seven  Directives44  and  streamlined  administrative  aspects,  including  cutting  reporting 
requirements  by  around  half45.  Whilst  this  limits  the  potential  for  further  streamlining, 
stakeholder  consultations  have  allowed  the  Commission  to  identify  a  number  of  potential 
further  clarifications  and  simplifications  to  the  Directive.  Those  attracting  positive  interest 
from stakeholders will solve uncertainties related to the permitting process. 

This  concerns,  in  particular,  clarifying  certain  provisions  on  gasification,  liquefaction  and 
pyrolysis  that  are  important  activities  for  achieving  a  circular  low  carbon  economy.  Other 
aspects involve replacing the indicative list of pollutants in Annex II with references to other 
EU legislation that sets out lists of relevant pollutants, and establishing harmonised criteria for 
assessing  compliance  across  the  EU.  Both  measures  will  enhance  legal  certainty  on  the 
applicable  rules  for  all  IED  operators.  Furthermore,  solving  discrepancies  in  compliance 
assessment approaches used under Chapters II, III and IV of the IED will benefit some 4 000 
operators of large combustion plants and waste incinerators. 

In addition, a separate and lighter permitting regime will be introduced for 20 000 livestock 
farms currently regulated by the IED as well for  those that will be newly brought within its 
scope,  the  smallest  businesses  regulated  by  the  IED;  reducing  the  administrative  burden  by 
EUR 113 Million per year. 

A codification of the legislation after the revised act has been adopted will allow provisions 
that have become obsolete to be eliminated. 

• 

Fundamental rights 

The  proposal  respects  the  fundamental  rights  and  observes  the  principles  recognised  in 
particular by the Charter of Fundamental Rights of the European Union46.  

Pursuant  to  Article  52(1)  of  the  Charter,  any  limitation  on  the  exercise  of  the  rights  and 
freedoms recognised by this Charter must be provided for by law and respect the essence of 
those rights and freedoms. Subject to the principle of proportionality, limitations may be made 
only if they are necessary and if they genuinely meet objectives of general interest recognised 
by the Union or the need to protect the rights and freedoms of others.  

This proposal strikes the right balance between the fundamental right of freedom to conduct a 
business  and  the  fundamental  right  of  property  and  other  fundamental  rights  (environment, 
health, remedy).  

The  limitation  to  the  right  of  freedom  to  conduct  a  business  and  the  right  of  property  are 
limited  to  what  is  necessary  to  preserve  the  other  above-mentioned  fundamental  rights  and 
objectives of general interest in accordance with Article 52(1) of the Charter. 

The  proposal  contributes  to  the  objective  of  a  high  level  of  environmental  protection  in 
accordance  with  the  principle  of  sustainable  development  as  laid  down  in  Article  37  of  the 
Charter; to the right to right to life and the integrity of the person and its health as laid down 

44 

45 
46 

Commission  staff  working  document  -  Accompanying  document  to  the  proposal  for  a  Directive  of  the 
European  Parliament  and  of  the  Council  on  industrial  emissions  (integrated  pollution  prevention  and 
control) (recast) IMPACT ASSESSMENT [COM(2007) 843 final] [COM(2007) 844 final] [SEC(2007) 
1682], SEC/2007/1679 final. 
Fitness Check of Reporting and Monitoring of EU Environment Policy, SWD(2017) 230 final. 
Charter of Fundamental Rights of the European Union; OJ C 326, 26.10.2012, p. 391. 

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in Articles 2, 3 and 35 of the Charter; and to the right to consumer protection as laid down in 
Article 38.  

It also contributes to the right to an effective remedy as laid down in Article 47 of the Charter, 
in relation to the protection of human health. 

4. 

BUDGETARY IMPLICATIONS 

The  annexed  financial  statement  shows  the  budgetary  implications  and  the  human  and 
administrative  resources  required.  The  proposal  will  have  budgetary  implications  for  the 
Commission  and  the  European  Chemicals  Agency  (ECHA)  in  terms  of  human  and 
administrative  resources  required.  The  Commission  will  have  an  increased  number  of 
implementation  and  enforcement  tasks  resulting  from  the  increased  scope  of  the  economic 
activities and environmental aspects covered by the IED. The Commission will also have an 
increased  role  in  managing  the  innovation  centre  and  wider  work  to  draft  BREFs  and  BAT 
conclusions, requiring in total 4 additional full-time-equivalent staff. 

The ECHA will support the Commission by: (1) providing input to the information exchange 
on BAT and emerging techniques including identifying and selecting relevant substances for 
each sector,  developing  sector-specific  good practice for the use of the safest  substances  on 
the  market,  and  (2)  providing  tools  and  guidance  for  use  by  IED  operators  in  preparing  the 
chemicals  chapter  of  their  environmental  management  system.  This  requires  a  total  of  3 
additional full-time-equivalent staff. 

Around EUR 8 200 000 per year is required to finance the necessary expertise to support the 
Commission in a number of work streams related to INCITE and the drafting of BREFs and 
BAT conclusions. 

5. 

• 

OTHER ELEMENTS 

Implementation plans and monitoring, evaluation and reporting arrangements 

The overall emissions of pollutants per sector, based on data reported by operators to the E-
PRTR, will remain key indicators for tracking progress against this initiative's objectives. The 
E-PRTR Regulation is being revised in parallel to the revision of this Directive and will allow 
better  future  monitoring  of  the  IED’s  impact  on  industry’s  environmental  performance  at 
sector level. 

-  The increased granularity of reporting of pollutant emission at installation level will allow 
for  analysis  of  the  main  processes  within  sectors  whose  environmental  performance  is 
improving or is lagging behind. 

-  The inclusion of reporting of resource use will allow new indicators to be identified, on use 
of  materials,  water  and  energy,  that  will  enable  resource  efficiency  improvements  to  be 
tracked. 

-  More dynamic updating of the list of substances covered by the E-PRTR Regulation will 
allow emission indicators to be identified for substances of emerging and current concern. 
This  will  enable  improvements  in  the  use  and  management  of  such  substances  to  be 
tracked. 

These improvements will also help ensure that this monitoring can be used effectively in the 
wider  zero  pollution  monitoring  and  outlook  framework,  which  will  be  published  every  2 

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years  from  2022  onwards47.  Data  on  air,  water  and  soil  pollution  available  through  zero 
pollution  monitoring  will  help  evaluate  the  impacts  of  emission  reductions  from  the 
installations that fall within scope of the IED and E-PRTR Regulation.  

A  central  concern  in  revising  the  IED  is  to  ensure  that  the  whole  range  of  BAT-associated 
emissions  levels  (AELs)  is  used.  The  future  standardised  permit  summary  will  make  it 
significantly  easier  to  collect  the  emission  limit  values  (ELVs)  set  in  permits,  through 
automated  IT  tools.  This  will  allow  sector-by-sector  analysis  of  the  distribution  of  ELVs 
within the BAT-AEL ranges, at the end of the permit revision cycles triggered by the adoption 
of  BAT  conclusions  and  will  make  the  information  contained  in  the  permits  clearer  to  the 
public.    

The  scale  of  progress  in  emissions  reduction  will  depend  on:  technological  progress;  the 
outcomes  of  the  innovation  centre;  any  more  frequent  BREF  reviews;  and  any  actions  that 
may  be  taken  as  a  result.  It  will  also  be  important  to  monitor  the  pace  of  development  and 
uptake  of  innovations  and  the  resulting  transformation  of  IED  sectors  needed  to  meet  the 
EU’s 2030 and 2050 environmental and climate objectives. The standardised permit summary 
will  allow  the  number  of  cases  to  be  quantified  where  new  flexibilities  supporting 
frontrunners in testing and deploying emerging techniques have been used. Wider impacts on 
innovation dynamics will be more complex to monitor. New indicators will be  set out in an 
industrial  transformation  scoreboard  published  by  the  innovation  centre.  The  centre  may 
develop indicators such as: 

- 

technology readiness level of transformative technologies per sector; 

-  emissions performance of transformative technologies; 

- 

the anticipated uptake timeline of such technologies; 

-  distance to target indicators, for each IED sector. 

Periodic publication of implementation information by Member States will complement these 
indicators, by providing readily accessible, machine-readable, common-format information on 
key provisions via dynamic IT means. This will include information on: 

- 

- 

the granting of flexibilities to support transformative techniques; 

the setting of stricter permit conditions in permits, where required to meet environmental 
quality standards; 

- 

the granting of derogations allowing pollutant emissions higher than the BAT-AEL range; 

-  enforcement action taken. 

Perceptions  on  improvements  to  legal  clarity  will  be  monitored  via  the  BREF  process, 
through e-surveys sent to the IED stakeholder community. 

The  review  of  the  interaction  between  the  IED  and  the  ETS  and  decarbonisation 
developments, expected to take place before 2030, will be a key milestone in monitoring and 
evaluating this revamped and more holistic policy approach. 

47 

Cmmission Staff Workign Document Towards a monitoring and outlook framework for the zero pollution ambition 
Accompanying  the  document  Communication  from  the  Commission  to  the  European  Parliament,  the  Council,  the 
European Economic and Social Committee and the Committee of the Regions Pathway to a Healthy Planet for All 
EU Action Plan: 'Towards Zero Pollution for Air, Water and Soil'; SWD(2021) 141 final. 

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• 

(a) 

Detailed explanation of the specific provisions of the proposal 

Amendments to Directive 2010/75/EU 

The amendment to Article 1 aims at explicitly clarifying that this Directive lays down rules 
designed to prevent or, where that is not practicable, to reduce emissions into air, water and 
land and to prevent the generation of waste, in order to achieve a high level of protection of 
the  environment  and  of  human  health  taken  as  a  whole;  consistent  with  Article  191  of  the 
Treaty on the Functioning of the European Union (TFEU). Such explicit clarification is also 
added in other Articles where necessary. 

Amendments to Article 3 aim at providing relevant definitions of new concepts or elements 
which are being added to the Directive by virtue of extension of its scope or strengthening of 
its provisions.  

Amendments  to  Article  5  aim  at  further  specifying  transparency  requirements  attached  to 
permits  granted  under  this  Directive,  against  the  background  of  uneven  practice  among 
Member  States.  Such  permits  shall  be  made  available  to  the  public  on  the  internet,  free  of 
charge and without restricting access to registered users, and a uniform summary of permits 
shall be made available to the public.  

Incidents  or  accidents  may  affect  significantly  the  environment  or  human  health  beyond 
borders  of  the  national  territory  of  the  Member  State  in  which  they  occur.  In  such  cases, 
pursuant  to  amendments  to  Article  7,  immediate  transboundary  information,  as  well  as 
multidisciplinary cooperation, must take place.  

Amendments  to  Article  8  aim  at  tightening  the  rules  applying  in  case  of  breach  of  permit 
conditions and broadening the powers of the competent authority to suspend an installation’s 
operations until compliance is restored.  

In  respect  of  combustion  units  or  other  units  emitting  carbon  dioxide  which  are  also  in  the 
scope of Directive 2003/87/EC establishing a scheme for greenhouse gas emission allowance 
trading within the Community, the amendment to Article 9 aims at making any requirements 
relating to energy efficiency mandatory.  

Amendments to Article 11 aim at introducing, as part of the basic obligations of the operator, 
requirements  on  resource  efficiency,  on  the  taking  into  account  of  the  overall  life-cycle 
environmental performance of the supply chain and on an environmental management system.   

In  the  context  of  the  exchange  of  information  leading  up  to  the  drawing  up  and  review  of 
BAT reference documents (BREFs), amendments to Article 13 are twofold. First, with a view 
to  developing  synergies  between  the  work  carried  out  by  the  European  Chemicals  Agency 
(ECHA) on chemicals and the elaboration of BREFs, it is appropriate to give a formal role to 
ECHA.  Second,  the  handling  of  confidential  business  information  (CBI)  collected  from 
industry  should  be  specified  so  as  to  facilitate  the  exchange  of  information  supporting  the 
determination of emission levels and environmental performance levels associated with BAT 
the  confidentiality  of  relevant  business 
and  emerging 
information. 

techniques  while  preserving 

Several  amendments  are  made  to  Article  14  on  permit  conditions,  with  a  view  to 
strengthening the requirements attached to permits granted under this Directive; among which 
a  duty  for  Member  States  to  ensure  that  all  authorities  who  ensure  compliance  with  EU 

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environmental  legislation,  including  where  applicable  with  environmental  quality  standards, 
are  duly  consulted,  before  the  granting  of  a  permit.  Moreover,  it  is  appropriate  to  refer  to 
Annex  II  on  pollutants  of  Regulation  (EC)  No  166/2006  establishing  a  European  Pollutant 
Release and Transfer Register as being amended. Indeed, by listing individual substances in a 
non-exhaustive  way,  Annex  II  of  this  Directive  on  the  list  of  polluting  substances  is  not 
compatible with  the holistic approach  sought  and the need for  competent  authorities to  take 
into account all relevant polluting substances, including those of emerging concern. This non-
exhaustive  list  of  polluting  substances  should  therefore  be  deleted.  Besides,  it  is  also 
necessary to clarify the relationship between this Directive  and Directive 2006/21/EC of the 
European Parliament and of the Council of 15 March 2006 on the management of waste from 
extractive industries48. Where the activity referred to in point 3.6 of Annex I to this Directive 
falls also under the scope of Directive 2006/21/EC, the BAT conclusions established pursuant 
to Article 13(5) IED will prevail for the purpose of permitting under Directive 2010/75, over 
BAT as referred to in Article 21(3) of Directive 2006/21/EC. 

A  new  Article  14a  is  inserted  in  the  Directive,  requiring  the  operator  to  establish  and 
implement  an  environmental  management  system  (EMS)  in  accordance  with  relevant  BAT 
conclusions,  with  a  view  to  the  continuous  improvement  of  the  environmental  and  energy 
efficient  performance  and  safety  of  the  installation.  Article  14a  bis  also  interlinks  with  the 
audit obligation under the Energy Efficiency Directive49,  thus strengthening both proposals. 

Several improvements are proposed to tighten rules under  Article 15. Firstly, the conditions 
under  which  the  competent  authority,  when  setting  emission  limit  values  applicable  to 
pollutant releases to water in an IED permit, may take account of the downstream treatment 
processes in a waste water treatment plant, are clarified in order to ensure that such releases 
do  not  lead  to  an  increased  load  of  pollutants  in  receiving  waters  when  compared  to  a 
situation  where  the  IED  installation  applies  BAT  and  meets  BAT-AELs  for  direct  releases. 
Secondly,  BAT is applied heterogeneously across Member States, industry sectors and even 
between individual industrial installations; between 75% and 85% of all emission limit values 
in  permits are set  at  the  least  demanding  end of  the BAT-AEL  ranges50, resulting in  under-
delivery  of  emissions  reductions.  Therefore,  competent  authorities  should  set  the  emission 
limit  values  (ELVs)  at  the  lowest  end  of  the  relevant  BAT-AEL  range,  unless  the  operator 
demonstrates that applying  BAT  as described in  BAT  conclusions only  allows meeting less 
strict  ELVs.  Thirdly,  in  order  to  prevent  or  minimise  the  emission  of  pollutants  by  IED 
installations  and  level  the  playing  field  across  the  EU,  it  is  necessary  to  better  frame  the 
conditions under which derogations to emissions limit values can be granted, consistent with 
principles  to  be  set  in  an  annex  to  this  Directive,  and  with  a  standardised  methodology  for 
assessing the disproportionality between costs of implementation of BAT conclusions and the 
potential  environmental  benefits,  to  be  adopted  in  an  implementing  act.  Such  derogations 

48 

49 
50 

Directive  2006/21/EC  of  the  European  Parliament  and  of  the  Council  of  15  March  2006  on  the 
management  of  waste  from  extractive  industries  and  amending  Directive  2004/35/EC;  OJ  L  102, 
11.4.2006, p. 15. 
Supra N° 34. 
BAT-AELs  are  typically  expressed  in  ranges  providing  the  environmental  performance  of  a  basket  of 
BATs and reflecting the diversity of installations in the EU. Member State permitting authorities should 
set ELVs in the permits within those ranges at a level corresponding to the performance of BAT for the 
specific installation. 

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should  not  be  granted  where  they  may  put  at  risk  compliance  with  environmental  quality 
standards.  

A new Article 15a is introduced, which empowers the Commission to set common rules for 
assessing compliance with emission limit values and validation of measured levels for both air 
and water emissions based on BAT, for installations covered by Chapter II. These compliance 
assessment  rules  will  take  precedent  over  rules  set  in  Chapters  III  and  IV  on  assessment  of 
compliance with emission limit values contained in Annexes V and VI. 

The amendment to Article 16 aims at complementing monitoring requirements in respect of 
derogations  granted  under  Article  15(4),  as  regards  the  concentration  of  the  pollutants 
concerned by the derogation which are present in the receiving environment.  

The amendment to Article 18 aims at clarifying that environmental quality standards refer to 
the requirements set out in Union law, such as EU legislation on air or water; which must be 
fulfilled  at  a  given  time  by  a  given  environment  or  particular  part  thereof,  and  that  where 
stricter  conditions  than  those  achievable  by  the  use  of  the  BAT  by  an  IED  installation  are 
necessary to ensure compliance with such environmental quality standards, specific additional 
measures must be included in the permit as set out in this article.  

The  amendment  to  Article  21  aims  at  clarifying  that  permit  conditions  should  be  reviewed 
and,  where  necessary,  updated  by  the  competent  authority  where  it  is  necessary  for  the 
installation to comply with an environmental quality standard. 

Amendments to Article 24 include broadening the cases where the public concerned are given 
early and effective opportunities to participate in the granting or updating of permit conditions 
by the competent authority, consistent with the Aarhus Convention. 

The  amendment  to  Article  25  aims  at  clarifying  that  Member  States  may  not  restrict  legal 
standing  to  challenge  a  decision  of  a  public  authority  to  those  members  of  the  public 
concerned who participated in the preceding administrative procedure to adopt that decision. 

Amendments  to  Article  26  seek  to  strengthen  transboundary  cooperation,  information 
exchange and public participation in permitting processes.  

After  Article  26,  a  new  Chapter  IIa    on  ‘promoting  innovation’  is  inserted,  comprising 
Articles  27  to  27d,  so  as  to  foster  innovation,  facilitate  the  testing  and  deployment  of 
emerging  techniques  with  improved  environmental  performance,  as  well  as  to  set  up  a 
dedicated centre to support innovation by collecting and analysing information on innovative 
techniques  and  characterise  their  state  of  development  from  research  to  deployment.  The 
centre will allow BAT to develop a forward looking approach and help industries identifying 
solutions  to  decarbonise  and  reduce  pollution.  It  will  over  time  become  a  hub  to  foster 
innovation  dynamics  for  the  industrial  transition  on  all  European  Green  Deal  policies. 
Operators will be required to produce transformation plans by 30 June 2030 as part of their 
environmental management systems, or later, depending on the activites of Annex I at stake, 
as  a  contribution  towards  achieving  EU  objectives  on  a  clean,  circular  and  climate  neutral 
economy.   

Amendments to Article 42 further clarify how to assess whether the cleaned gases or liquids 
resulting  from  gasification  and  pyrolysis  of  waste  are  sufficiently  purified  to  be  combusted 
without stricter controls than those applying to clean commercial fuels. 

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A new Chapter VIa on ‘special provisions for rearing of poultry, pigs and cattle’ is inserted 
after  Chapter  VI  and  before  Chapter  VII,  and  comprising  Articles  70a  to  70i.  In  order  to 
reduce  the  significant  pollutant  emissions  to  air  and  water  caused  by  such  rearing,  this 
Chapter  includes  lowering  the  threshold  above  which  pigs  and  poultry  installations  are 
included  within  the  scope  of  Directive  2010/75/EU;  and  add  cattle  farming  in  this  scope, 
alongside  pigs  and  poultry  installations.  It  also  sets  specific  permitting  procedures  suited  to 
the  sector,  mindful  of  the  need  to  balance  the  administrative  permitting  procedures  with 
public  information  and  participation  and  compliance  requirements.  Operating  Rules  for 
livestock farms will take into consideration not only the nature, type, size and density but also 
the complexity of these installations and the range of environmental impacts they may have, 
together with economical aspects. This  will allow establishing proportionate requirements for 
different  farming  practices  (intensive,  extensive,  organic),  including  by  taking  into  account 
the  specificities  of  pasture  based  cattle  rearing  systems,  where  animals  are  only  seasonally 
reared  in  indoor  installations,  while  minimising  burdens  for  the  sector  and  the  competent 
authorities. 

Amendments  to  Article  73  include  setting  a  five-year  frequency  according  to  which  the 
Commission shall submit  to the European Parliament and to the Council a report reviewing 
the implementation of this Directive, the first of which will be due by June 2028. This report 
will  take into account  the dynamics of innovation and the review referred to  in Article 8 of 
Directive 2003/87/EC.  

The  amendment  to  Article  74  empowers  the  Commission  to  adopt  a  delegated  act  in 
accordance with Article 290 TFEU in respect of adding an agro-industrial activity to Annex I 
or Annex I a of this Directive, with a view to ensuring that it meets its objectives to prevent or 
reduce  pollutants  emissions  and  achieve  a  high  level  of  protection  of  human  health  and  the 
environment. 

The  amendments  to  Article  79  aim  at  specifying  the  minimum  content  of  penalties,  so  that 
they are effective, proportionate and dissuasive, without prejudice to Directive 2008/99/EC on 
the protection of the environment through criminal law51.   

A  new  Article  79a  on  compensation  is  introduced,  which  aims  at  securing  that,  where 
damage to health has occurred, fully or partially as a result of a breach of national measures 
adopted  pursuant  to  this  Directive,  the  public  concerned  is  able  to  claim  and  obtain 
compensation for that damage from the relevant competent authorities and, where identified, 
the natural or legal persons responsible for the violation. 

Amendments to Annex I include bringing within the scope of this Directive the extraction of 
industrial and metallic minerals, activity which has a significant impact on the environment. 
Similarly, whilst several of the activities of the batteries value chain are already regulated by 
this  Directive,  adding  as  well  in  the  scope  of  this  instrument  large  installations  undertaking 

51 

Directive  2008/99/EC  of  the  European  Parliament  and  of  the  Council  of  19  November  2008  on  the 
protection  of  the  environment  through  criminal  law;  OJ  L  328,  6.12.2008,  p.  28–37.  The  Commission 
adopted  a  proposal  15/12/2021  to  replace  Directive  2008/99/EC:  COM(2021)  851  final  ‘Proposal  for  a 
Directive  of  the  European  Parliament  and  of  the  Council  on  the  protection  of  the  environment  through 
criminal law and replacing Directive 2008/99/EC. 

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the manufacturing of batteries ensures that all stages of the life-cycle of batteries are covered 
by the Directive’s requirements, aiming at a more sustainable growth of this industrial sector.  

Amendment to Council Directive 1999/31/EC 

(b) 
The amendment to Article 1 of Council Directive 1999/31/EC on the landfill of waste52 aims 
at  allowing  the  adoption  of  BAT  conclusions  on  landfills  under  this  Directive.  Although 
landfills  are  included  within  the  scope  of  the  IED,  no  BAT  conclusions  exist  for  landfills 
owing to the coverage of this activity under Council Directive 1999/31/EC, pursuant to which 
its requirements are deemed to constitute BAT. Given technical development and innovation 
that  has  taken  place  since  the  adoption  of  Council  Directive  1999/31/EC,  more  effective 
techniques for protecting human health and the environment are now available. The adoption 
of  BAT  conclusions  would  enable  addressing  the  key  environmental  issues  related  to  the 
operation of waste landfills, including significant emissions of methane.  

52 

Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste; OJ L 182, 16.7.1999, p. 1-19.. 

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2022/0104 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending 
Directive 2010/75/EU of the European Parliament and of the Council of 24 November 
2010 on industrial emissions (integrated pollution prevention and control) and Council 
Directive 1999/31/EC of 26 April 1999 on the landfill of waste 

(Text with EEA relevance) 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 192(1) thereof, 

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national parliaments, 
Having regard to the opinion of the European Economic and Social Committee53,  
Having regard to the opinion of the Committee of the Regions54,  

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

53 
54 
55 

56 
57 
58 

59 

The European Green Deal55 is Europe’s strategy to ensure, by 2050, a climate-neutral, 
clean  and  circular  economy,  optimising  resource  management,  minimising  pollution 
while  recognising  the  need  for  deeply  transformative  policies.  The  Union  is  also 
committed  to  the  2030  Agenda  for  Sustainable  Development56  and  its  Sustainable 
Development  Goals57.  The  EU  Chemicals  Strategy  for  Sustainability58  of  October 
2020 and the Zero Pollution Action Plan59  adopted in  May 2021 specifically  address 
pollution aspects of the European Green Deal. In parallel, the New Industrial Strategy 

OJ C , , p. . 
OJ C , , p. . 
Communication  from  the  Commission  to  the  European  Parliament,  the  European  Council,  the  Council, 
the  European Economic and Social Committee and the  Committee of the Regions The European Green 
Deal; COM(2019) 640 final.  
https://www.un.org/ga/search/view_doc.asp?symbol=A/RES/70/1&Lang=E 
https://sdgs.un.org/goals 
Communication from the Commission to the European Parliament, the Council, the European Economic 
and Social Committee and the Committee of the Regions, Chemicals Strategy for Sustainability Towards 
a Toxic-Free Environment COM(2020) 667 final.   
Communication from the Commission to the European Parliament, the Council, the European Economic 
and Social Committee and the Committee of the Regions,  Pathway to a Healthy Planet for All EU Action 
Plan: 'Towards Zero Pollution for Air, Water and Soil' COM(2021) 400 final.  

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for  Europe60  further  emphasises  the  potential  role  of  transformative  technologies. 
Other particularly relevant policies for this initiative include the ‘Fit for 55’ package61, 
the  Methane  Strategy62  and  the  Glasgow  methane  pledge63,  the  Climate  Adaptation 
Strategy64, the Biodiversity Strategy65, the Farm to Fork strategy66 and the Sustainable 
Products Initiative67. Besides, as part of the EU response to the 2022 Russia-Ukraine 
war, REPowerEU68 proposes a Joint European Action to support the diversification of 
energy  supplies,  accelerate  the  transition  to  renewable  energy  and  improve  energy 
efficiency. 

The  European  Green  Deal  announced  a  revision  of  Union  measures  to  address 
pollution from large industrial installations, including reviewing the sectoral scope of 
the  legislation  and  how  to  make  it  fully  consistent  with  climate,  energy  and  circular 
economy policies. In addition, the Zero Pollution Action Plan, the Circular Economy 
Action Plan and the Farm to Fork Strategy also call for reducing pollutant emissions at 
source,  including  sources  not  currently  within  the  scope  of  Directive  2010/75/EU  of 
the European Parliament and of the Council69. Addressing pollution from certain agro-
industrial activities thus requires their inclusion within the scope of that Directive. 

The  Union’s  extractive  industry  is  key  to  achieving  the  aims  of  the  European  Green 
Deal  and  the  EU  industrial  strategy,  including  its  update.  Raw  materials  are  of 
strategic  importance  for  the  digital  and  green  transition,  the  energy,  materials  and 
circular economy transformation and to strengthen EU economic resilience. In order to 
achieve these objectives, sustainable domestic capacities need to be further developed. 
This  requires  effective,  tailored  and  harmonised  measures  to  ensure  that  the  best 
available  techniques  are  established  and  employed,  thus  applying  processes  that  are 
both the most efficient and have the lowest possible impacts on the environment and 
human  health.  The  governance  mechanisms  of  Directive  2010/75/EU  that  closely 
associate 
tailored 
environmental requirements  will support the sustainable growth  of those activities in 

the  development  of  consensual  and 

industry  experts 

to 

Communication  from  the  Commission  to  the  European  Parliament,  the  European  Council,  the  Council, 
the  European  Economic  and  Social  Committee  and  the  Committee  of  the  Regions,    A  New  Industrial 
Strategy for Europe COM(2020) 102 final. 
Communication from the Commission to the European Parliament, the Council, the European Economic 
and Social Committee and the Committee of the Regions,  'Fit for 55': delivering the EU's 2030 Climate 
Target on the way to climate neutrality COM/2021/550 final. 
Communication from the Commission to the European Parliament, the Council, the European Economic 
and Social Committee and the Committee of the Regions on an EU strategy to reduce methane emissions 
COM(2020) 663 final. 
https://www.globalmethanepledge.org/ 
Communication from the Commission to the European Parliament, the Council, the European Economic 
and Social Committee and the Committee of the Regions Forging a climate-resilient Europe - the new EU 
Strategy on Adaptation to Climate Change COM(2021) 82 final.  
Communication from the Commission to the European Parliament, the Council, the European Economic 
and  Social  Committee  and  the  Committee  of  the  Regions  EU  Biodiversity  Strategy  for  2030  Bringing 
nature back into our lives COM(2020) 380 final.   
Communication from the Commission to the European Parliament, the Council, the European Economic 
and Social Committee and the Committee of the Regions A Farm to Fork Strategy for a fair, healthy and 
environmentally-friendly food system COM(2020) 381 final.  
COM(2022) 142 
Communication  from  the  Commission  to  the  European  Parliament,  the  European  Council,  the  Council, 
the  European  Economic  and  Social  Committee  and  the  Committee  of  the  Regions  REPowerEU:  Joint 
European Action for more affordable, secure and sustainable energy; COM(2022) 108 final. 
Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial 
emissions (integrated pollution prevention and control); OJ L 334, 17.12.2010, p. 17-119. 

(2) 

(3) 

60 

61 

62 

63 
64 

65 

66 

67 
68 

69 

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(4) 

(5) 

the Union. The development and availability of commonly agreed standards will level 
the  Union’s  playing  field  while  ensuring  a  high  level  of  protection  of  human  health 
and the environment.  It is therefore appropriate to include those activities within the 
scope of Directive 2010/75/EU. 

Rearing  of  pigs,  poultry  and  cattle  cause  significant  pollutant  emissions  into  the  air 
and water. In order to reduce such pollutant emissions, including ammonia,  methane, 
nitrates and greenhouse gas emissions and thereby improve air, water and soil quality, 
it  is  necessary  to  lower  the  threshold  above  which  pigs  and  poultry  installations  are 
included within the scope of Directive 2010/75/EU and to  include also cattle farming 
within that scope. Relevant BAT requirements take into consideration the nature, size, 
density  and  complexity  of  these  installations,  including  the  specificities  of  pasture 
based  cattle  rearing  systems,  where  animals  are  only  seasonally  reared  in  indoor 
installations,  and  the  range  of  environmental  impacts  they  may  have.  The 
proportionality  requirements  in  BATs  aim  to  incentivise  farmers  to  implement  the 
necessary  transition  towards  increasingly  environmentally  friendly  agricultural 
practices. 

A significant increase in the number of large-scale installations for the production of 
batteries  for  electric  vehicles  will  likely  take  place  within  the  Union  up  to  2040, 
increasing  the  Union’s  share  of  the  global  battery  production.  Whilst  several  of  the 
activities  of  the  batteries  value  chain  are  already  regulated  by  Directive  2010/75/EU 
and  batteries  are  regulated  as  products  by  Regulation  (EU)  .../...  of  the  European 
Parliament and of the Council* +., it is  still necessary to  include in  the  scope of the 
Directive large installations manufacturing batteries, ensure that they are also covered 
by  the  requirements  set  out  in  Directive  2010/75/EU  and  therefore  contribute  to  a 
more  sustainable  growth  of  batteries  manufacturing.  Including  large  installations 
manufacturing  batteries  in  the  scope  of  Directive  2010/75/EU  will  improve  in  a 
holistic  way  the  sustainability  of  batteries  and  minimise  their  impact  on  the 
environment throughout their life cycle. 

(6)  With a view to further strengthening public access to environmental information, it is 
necessary  to  clarify  that  permits  for  installations  granted  pursuant  to  Directive 
2010/75/EU are to be made available to the public on the Internet, free of charge and 
without  restricting  access  to  registered  users.  A  uniform  summary  of  permits  should 
also be made available to the public under the same conditions. 

(7) 

The impact of pollution, including when caused by incidents or accidents, may extend 
beyond the territory of a Member State. In such cases, without prejudice to Directive 
2012/18/EU  of  the  European  Parliament  and  of  the  Council70,  limiting  the 
consequences  for  human  health  and  the  environment  of  incidents  or  accidents  and 
preventing  further  possible  incidents  or  accidents  requires  prompt  information  and 
close coordination between the competent authorities of the Members States which are 
or may be affected by such events. Therefore, in the event of any incident or accident 
significantly  affecting  the  environment  or  human  health  in  another  Member  State, 
information and transboundary and multidisciplinary cooperation between the affected 

70 

+      OP: Please insert in the text the number of the Regulation contained in document  2020/0353(COD) 
and insert the number, date, title and OJ reference of that Regulation in the footnote." 

Directive  2012/18/EU  of  the  European  Parliament  and  of  the  Council  of  4  July  2012  on  the  control  of 
major-accident hazards involving dangerous substances (OJ L 197, 24.7.2012, p. 1). 

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24 

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Member States should be fostered to limit the consequences for the environment and 
human health and to prevent further possible incidents or accidents. 

(8)  Member States should also adopt compliance assurance measures to promote, monitor 
and  enforce  compliance  with  obligations  placed  on  natural  or  legal  persons  under 
Directive  2020/75/EU.  As  part  of  compliance  assurance  measures,  competent 
authorities should be able to suspend the operation of an installation where a continued 
breach  of  the  permit  conditions  and  the  non-implementation  of  the  findings  of  the 
inspection  report  pose  or  risk  causing  a  danger  to  human  health  or  a  significant 
adverse effect upon the environment, in order to stop that danger.  

(9) 

In  order  to  foster  energy  efficiency  of  installations  within  the  scope  of  Directive 
2010/75/EU  which  are  carrying  out  activities  listed  in  Annex  I  to  Directive 
2003/87/EC,  it  is  appropriate  to  submit  those  installations  to  energy  efficiency 
requirements in respect of combustion units or other units emitting carbon dioxide on 
the site.   

(10)  The evaluation of Directive 2010/75/EU concluded that there is a need to strengthen 
the  links  between  that  Directive  and  Regulation  (EC)  No  1907/200671,  to  better 
address the risks of the use of chemicals in installations whithin the scope of Directive 
2010/75/EU.  In  order  to  develop  synergies  between  the  work  carried  out  by  the 
European  Chemicals  Agency  (ECHA)  on  chemicals  and  the  preparation  of  BAT 
reference  documents  under  Directive  2010/75/EU,  ECHA  should  be  given  a  formal 
role in such preparation of BAT reference documents. 

(11) 

the 

In  order  to  facilitate  the  exchange  of  information  supporting  the  determination  of 
emission  levels  and  environmental  performance  levels  associated  with  best  available 
techniques  (BAT),  while  maintaining 
integrity  of  confidential  business 
information, the procedures for the handling of information qualifying as confidential 
business  information  or  sensitive  commercial  information,  and  as  collected  from  the 
industry in the context of the exchange of information organised by the Commission 
for the purpose of drafting, reviewing or updating BAT reference documents should be 
specified.  It  should  be  ensured  that  individuals  participating  in  the  exchange  of 
information  do not  share information  qualifying  as  confidential  business  information 
or sensitive commercial information with any representative of undertakings or trade 
associations  having  an  economic  interest  in  the  concerned  industrial  activities  and 
related  markets.  Such  exchange  of  information  is  without  prejudice  to  Union 
competition  law,  in  particular  Article  101  of  the  Treaty  on  the  Functioning  of  the 
European Union (TFEU).  

(12)  To ensure the protection of human health and the environment as a whole, synergies 
and coordination with other relevant Union environmental legislation are  necessary, at 
all  stages  of  its  implementation.Therefore,  all  relevant  competent  authorities  that 
ensure  compliance  with  relevant  Union  environmental  legislation  should  be  duly 
consulted before the granting of a permit under Directive 2010/75/EU. 

(13)  With a view to continuously improving the environmental performance and safety of 
the installation, including by preventing waste generation, optimising resource use and 
water  reuse,  and  preventing  or  reducing  risks  associated  with  the  use  of  hazardous 

71 

Regulation  (EC)  No  1907/2006  of  the  European  Parliament  and  of  the  Council  concerning  the 
Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European 
Chemicals Agency (ECHA) (OJ L 396, 30.12.2006, p.1). 

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the  operator  should  establish  and 

substances, 
implement  an  environmental 
management system (EMS) in accordance with relevant BAT conclusions, and should 
make it available to the public. The EMS should also cover the management of risks 
related  to  the  use  of  the  hazardous  substances  and  an  analysis  of  the  possible 
substitution of hazardous substances by safer alternatives.  

(14) 

It is necessary to specify further the conditions under which the competent authority, 
when setting emission limit values applicable to pollutant releases to water in a permit 
granted under  Directive  2010/75/EU, may take account  of the downstream  treatment 
processes in a waste water treatment plant, in order to ensure that such releases do not 
lead  to  an  increased  load  of  pollutants  in  receiving  waters  when  compared  to  a 
situation where the installation applies BAT and meets emission levels associated with 
the best available techniques for direct releases. 

(15)  Providing a high level of protection of human health and the environment as a whole 
requires inter alia the establishment in permits of emission limit values at a level that 
ensures  compliance  with  the  applicable  emission  levels  associated  with  the  best 
available techniques set out in the BAT conclusions. Emission levels associated with 
the best available techniques (BAT-AELs) are usually expressed as ranges, rather than 
as  single  values,  to  reflect  the  differences  within  a  given  type  of  installations  that 
result in variations in the environmental performances achieved when applying BAT. 
For  example,  a  given  BAT  will  not  deliver  the  same  performance  for  different 
installations,  some  BATs  may  not  be  suitable  for  use  in  certain  installations,  or  a 
combination  of  BATs  may  be  more  effective  on  some  pollutants  or  environmental 
media than others. The achievement of a high level of protection of human health and 
the environment  as  a  whole  has  been jeopardised by the practice of setting  emission 
limit values at the laxest end of the range of emission levels associated with the best 
available  techniques,  without  considering  the  potential  of  a  given  installation  to 
achieve  lower  emission  levels  through  the  application  of  best  available  techniques. 
Such practice discourages frontrunners from implementing more effective techniques, 
and  hinders  the  achievement  of  a  level-playing  field  at  a  high  level  of  protection  of 
human health and the environment. Competent authorities should therefore be required 
to  set  in  permits  the  lowest  possible  emission  limit  values  which  reflect  the 
performance of BAT for the specific installations, taking into consideration the whole 
range  of  BAT-AELs  and  aiming  at  the  best  environmental  performance  possible  for 
the  installations;  unless  the  operator  demonstrates  that  applying  best  available 
techniques as described in the BAT conclusions only allows the concerned installation 
to meeting less strict emission limit values. 

(16)  The  contribution  of  Directive  2010/75/EU  to  resource  and  energy  efficiency  and 
circular  economy  in  the  Union  should  be  made  more  effective,  taking  into 
consideration the ‘Energy Efficiency First’ as a guiding principle of the Union energy 
policy.  Therefore, 
the  permits  should  establish,  where  possible,  mandatory 
environmental  performance  limit  values  on  consumption  and  resource  efficiency 
levels,  including  on  the  use  of  water,  energy  and  recycled  materials,  based  on  the 
environmental performance levels associated with the best available techniques (BAT 
AEPLs) set out in decisions on BAT conclusions.   

(17)  With  a  view  to  preventing  or  minimising  the  emission  of  pollutants  by  installations 
within the scope of Directive 2010/75/EU and to levelling the playing field across the 
Union,  the  conditions  under  which  derogations  from  emissions  limit  values  can  be 
granted should be better framed through general principles, in order to ensure a more 
harmonized  implementation  of  such  derogations  throughout  the  Union.  Moreover, 

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derogations from emissions limit values should not be granted where they may put at 
risk compliance with environmental quality standards.   

(18)  The evaluation of Directive 2010/75/EU concluded that there was some discrepancy in 
compliance  assessment  approaches  for  installations  covered  by  Chapter  II  of  that 
Directive. In order to achieve a high level of protection of the environment as a whole, 
ensure a consistent implementation of Union law and a level-playing field throughout 
the  Union,  while  minimising  the  administrative  burden  on  businesses  and  public 
authorities,  the  Commission  should  set  common  rules  for  assessing  compliance  with 
emission  limit  values  and  validation  of  measured  levels  for  both  air  and  water 
emissions  based  on  best  available  techniques.  Those  compliance  assessment  rules 
should take precedent  over the rules set out  in Chapters  III and  IV on assessment of 
compliance  with  emission  limit  values  contained  in  Annexes  V  and  VI  to  Directive 
2010/75/EU.  

(19)  Environmental  quality  standards  refer  to  all  the  requirements  set  out  in  Union  law, 
such as Union legislation on air and water; which must be fulfilled at a given time by a 
given environment or particular part thereof. Therefore it is appropriate to clarify that 
when granting a permit to an installation, competent authorities should not only set out 
conditions to ensure compliance of the installation’s operations with the use of the best 
available  techniques  conclusions,  but  should  also,  where  appropriate  with  a  view  to 
reducing the specific contribution  of the installation  to  the pollution occurring in  the 
relevant area, include specific additional conditions in the permit stricter than those set 
in  relevant  BAT  conclusions,  so  as  to  ensure  the  installation’s  compliance  with 
environmental  quality  standards.  Such  conditions  may  consist  in  setting  stricter 
emission limit values or limiting the operation or capacity of the installation. 

(20)  Permit conditions should be regularly reviewed and, where necessary, updated by the 
competent  authority  to  ensure  compliance  with  relevant  legislation.  Such  review  or 
update should also take place where it is necessary for the installation to comply with 
an  environmental  quality  standard,  including  in  the  case  of  a  new  or  revised 
environmental  quality  standard  or  where  the  status  of  the  receiving  environment 
requires  a  revision  of  the  permit  in  order  to  achieve  compliance  with  plans  and 
programmes  set  under  Union  legislation,  such  as  the  river  basin  management  plans 
under Directive 2000/60/EC of the European Parliament and of the Council72. 

(21)  Parties  to  the  Aarhus  Convention  on  Access  to  Information,  Public  Participation  in 
Decision-making  and  Access  to  Justice  in  Environmental  Matters,  at  their  seventh 
Meeting session, endorsed the Convention’s Compliance Committee’s findings in case 
ACCC/C/2014/121,  according  to  which,  by  putting  in  place  a  legal  framework  that 
to 
does  not  envisage  any  possibility 
reconsiderations and updates under Article 21 (3), (4) and (5)(b) and (c) of Directive 
2010/75/EU,  the  European  Union  fails  to  comply  with  article  6  (10)  of  the 
Convention. These findings have been endorsed by the Union and its Member States, 
and  with  a  view  to  reaching  full  compliance  with  the  Aarhus  Convention,  it  is 
necessary  to  specify  that  the  public  concerned  should  be  given  early  and  effective 
opportunities to participate in the granting or updating of permit conditions set by the 
competent  authority  also  when  permits  conditions  are  reconsidered  following  the 
publication  of  decisions  on  BAT  conclusions  relating  to  the  main  activity  fo  the 

for  public  participation 

relation 

in 

72 

Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a 
framework for Community action in the field of water policy (OJ L 327, 22.12.2000). 

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27 

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installation;  when  developments  in  the  best  available  techniques  allow  for  the 
significant  reduction  of  emissions;  when  the  operational  safety  requires  other 
techniques  to  be  used;  and  where  it  is  necessary  to  comply  with  a  new  or  revised 
environmental quality standard. 

(22)  As clarified by the case-law of the Court of Justice73, Member States may not restrict 
legal  standing  to  challenge  a  decision  of  a  public  authority  to  those  members  of  the 
public concerned who participated in the preceding administrative procedure to adopt 
that  decision.  As  also  clarified  by  the  case-law  of  the  Court  of  Justice74,  effective 
access  to  justice  in  environmental  matters  and  effective  remedies  requires  inter  alia 
that  members  of  the  public  concerned  should    have  the  right  to  ask  the  court  or 
ancompetent  independent  and  impartial  body  to  order  interim  measures  to  prevent  a 
given  instance  of  pollution,  including,  where  necessary,  through  the  temporary 
suspension of the disputed permit. Therefore, it should be specified that legal standing 
should not  be made conditional on the role that the concerned member of the public 
played  during  a  participatory  phase  of  the  decision-making  procedures  under  this 
Directive. In addition, any review procedure should be fair, equitable, timely and not 
prohibitively  expensive,  and  provide  for  adequate  and  effective  redress  mechanisms, 
including injunctive relief as appropriate. 

(23)  Transboundary  cooperation  should  take  place  prior  to  the  granting  of  permits  where 
more than one Member State may be affected by the operation of an installation, and 
should  include  prior  information  and  consultation  of  the  public  concerned  and 
competent authorities in the other Member States which may be affected.  

(24)  The  evaluation  of  Directive  2010/75/EU  found  that,  even  if  it  should  foster  the 
transformation  of  European  industry,  it  is  not  dynamic  enough  and  does  not 
sufficiently  support  the  deployment  of  innovative  processes  and  technologies.  It  is 
therefore appropriate to  facilitate the testing and  deployment of emerging techniques 
with  improved  environmental  performance,  to  facilitate  cooperation  with  researchers 
and industries in publicly funded research projects subject to the conditions foreseen in 
the  relevant  European  and  national  funding  instruments,  as  well  as  to  set  up  a 
dedicated  centre  to  support  innovation  by  collecting  and  analysing  information  on 
innovative techniques, including emerging techniques, relevant to activities within the 
scope of that Directive and to characterise their level of development from research to 
their  environmental 
deployment  (technology  readiness 
performance.  This  will  also  inform  the  exchange  of  information  on  drawing  up, 
reviewing  and  updating  BAT  reference  documents.  Innovative  techniques  to  be 
collected  and  analysed  by  the  centre  should  be  at  least  at  the  level  of  technology 
demonstrated in relevant environment (industrially relevant environment in the case of 
key  enabling 
in  operation 
technologies)  or  system  prototype  demonstration 
environment (TRL 6-7). 

level  or  ‘TRL’)  and 

(25)  Achieving  Union  objectives  regarding  a  clean,  circular  and  climate  neutral  economy 
by 2050 calls for a deep transformation of the Union economy. Consistently with the 
8th Environmental Action Programme, operators of installations covered by Directive 
2010/75/EU  should  therefore  be  required  to  include  transformation  plans  in  their 

73 

74 

Case C–826/18, Judgment of the Court (First Chamber) of 14 January 2021; LB and Others v College van 
burgemeester en wethouders van de gemeente Echt-Susteren; paragraphs 58 and 59. 
Case  C-416/10  Judgment  of  the  Court  (Grand  Chamber),  15  January  2013;  Jozef  Križan  and  Others  v 
Slovenská inšpekcia životného prostredia.Križan, paragraph 109. 

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environmental management systems. Such transformation plans will also complement 
the  Corporate  Sustainability  Reporting  requirements  under  Directive  2013/34/EU  of 
the  European  Parliament  and  of  the  Council75  by  providing  a  means  for  concrete 
implementation  of  these  requirements  at  installation  level.  The  first  priority  is  the 
transformation of energy-intensive activities listed in Annex I. Therefore, the operators 
of energy-intensive installations should produce transformation plans by 30 June 2030. 
Operators  of  installations  carrying  out  other  activities  listed  in  Annex  I  should  be 
required  to  produce  transformation  plans  as  part  of  the  permit  reconsideration  and 
update  following  the  publication  of  decisions  on  BAT  conclusions  published  after  1 
January  2030.  Whilst  the  transformation  plans  should  remain  indicative  documents 
prepared under the responsibility of the operators, the audit organisation contracted by 
the  operators  as  part  of  their  environmental  management  systems  should  check  that 
they  contain  the  minimum  information  to  be  set  by  the  European  Commission  in  an 
implementing act,  and the operators should make the transformation plans public.  

(26)  Further clarity is needed regarding the criteria to assess whether the cleaned gases or 
liquids resulting from the gasification and pyrolysis of waste are sufficiently purified 
to such an extent that they are no longer waste prior to their incineration. 

(27) 

(28) 

In light of the high number of rearing installations that should be included within the 
scope  of  Directive  2010/75/EU,  and  the  relative  simplicity  of  the  processes  and 
emissions  patterns  of  such  installations,  it  is  appropriate  to  set  out  specific 
administrative  procedures  for  issuing  permits  and  for  the  operation  of  the  relevant 
activities which are adapted to the sector, without prejudice to requirements related to 
public information and participation, montoring and  compliance.  

Innovative techniques coming on the market are expected to increasingly reduce both 
emissions of pollutants and of greenhouse gases from installations within the scope of 
both Directive 2010/75/EU and Directive 2003/87/EC of the European Parliament and 
of the Council76. Whilst this will allow for the building of further synergies between 
those  Directives,  it  may  affect  their  operation,  including  on  the  carbon  market. 
Directive 2003/87/EC contains in this regard a provision to review the effectiveness of 
synergies  with  Directive  2010/75/EU,  and  calling  for  environmental  and  climate 
relevant  permits  to  be  coordinated  to  ensure  efficient  and  speedier  execution  of 
measures needed to comply with Union climate and energy objectives. In order to take 
into  account  the  dynamics  of  innovation  in  this  regard  and  the  review  referred  to  in 
Article 8 of Directive 2003/87/EC, the Commisison should submit a report reviewing 
the  implementation  of  Directive  2010/75/EU  to  the  European  Parliament  and  to  the 
Council by 2028 and every 5 years thereafter. 

(29) 

In  order  to  ensure  that  Directive  2010/75/EU  continues  meeting  its  objectives  to 
prevent  or  reduce  emissions  of  pollutants  and  achieve  a  high  level  of  protection  of 
human health and the environment, the power to adopt acts in accordance with Article 
290  TFEU  should  be  delegated  to  the  Commission  to  supplement  that  Directive  in 
order  to  establish  operating  rules  containing  requirements  for  activities  relating  to 

75 

76 

Directive  2013/34/EU  of  the  European  Parliament  and  of  the  Council  of  26  June  2013  on  the  annual 
financial  statements,  consolidated  financial  statements  and  related  reports  of  certain  types  of 
undertakings,  amending  Directive  2006/43/EC  of  the  European  Parliament  and  of  the  Council  and 
repealing Council Directives 78/660/EEC and 83/349/EEC; OJ L 182, 29.6.2013, p. 19–76. 
Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a 
scheme for greenhouse gas emission allowance trading within the Community (OJ L 275, 25.10.2003, p. 
32). 

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rearing of poultry, pigs and cattle, and to amend Annexes I and Ia to that Directive by 
adding  an  agro-industrial  activity  to  ensure  that  it  meets  its  objectives  to  prevent  or 
reduce pollutants emissions and achieve a high level of protection of human health and 
the  environment.  It  is  of  particular  importance  that  the  Commission  carry  out 
appropriate  consultations  during  its  preparatory  work,  including  at  expert  level,  and 
that those consultations be conducted in  accordance with  the principles  laid  down in 
the  Interinstitutional  Agreement  on  Better  Law-Making  of  13  April  201677.  In 
particular,  to  ensure  equal  participation  in  the  preparation  of  delegated  acts,  the 
European  Parliament  and  the  Council  receive  all  documents  at  the  same  time  as 
Member  States'  experts,  and  their  experts  systematically  have  access  to  meetings  of 
Commission expert groups dealing with the preparation of delegated acts. 

In order to ensure uniform conditions for the implementation of Directive 2010/75/EU, 
implementing  powers  should  be  conferred  on  the  Commission  as  regards  the 
establishment of (i) the format to be used  for the permit summary; (ii) a standardised 
methodology for assessing the disproportionality between the costs of implementation 
of the BAT conclusions  and the potential environmental  benefits, (iii)  the measuring 
method for assessing compliance with emission limit values set out in the permit with 
regard to emissions to air and water, (iv) the detailed arrangements necessary for the 
establishment  and  functioning  of  the  innovation  centre  for  industrial  transformation 
and emissions, and (v) the format to be used for transformation plans. Those powers 
should be exercised in accordance with Regulation (EU) No 182/2011 of the European 
Parliament and of the Council78. 

In order to ensure the effective implementation and enforcement of the obligations set 
out  in  Directive  2010/75/EU,  it  is  necessary  to  specify  the  minimum  content  of 
effective, proportionate and dissuasive penalties. Disparities in penalties regimes, the 
fact that imposed penalties are deemed in many cases too low to truly have a deterrent 
effect  on illegal behaviours, and the lack of uniform implementation  across  Member 
States, undermine the level playing field on industrial emissions throughout the Union. 
Account  should  be  taken  of  Directive  2008/99/EC  on  the  protection  of  the 
environment through criminal law  where a detected infringement under this Directive 
constitutes an offence within the scope Directive 2008/99/EC. 

(30) 

(31) 

(32)  Where  damage  to  human  health  has  occurred  as  a  result  of  a  violation  of  national 
measures  adopted  pursuant  to  Directive  2010/75/EU,  Member  States  should  ensure 
that the individuals affected are able to claim and obtain compensation for that damage 
from  the  relevant  natural  or  legal  persons  and,  where  appropriate,  from  the  relevant 
competent  authorities  responsible  for  the  infringement.  Such  rules  on  compensation  
contribute  to  pursuing  the  objectives  of  preserving,  protecting  and  improving  the 
quality  of  the  environment  and  protecting  human  health  as  laid  down  in  Article  191 
TFEU. They also underpin the right to life, integrity of the person and health care laid 
down  in  Article  2,  3  and  35  of  the  Charter  of  Fundamental  Rights  of  the  European 
Union and the right to an effective remedy as laid down in Article 47 of the Charter. 
Moreover, Directive 2004/35/EC of the European Parliament and of the Council  does 

77 

78 

Interinstitutional  Agreement  between  the  European  Parliament,  the  Council  of  the  European  Union  and 
the European Commission on Better Law-Making; OJ L 123, 12.5.2016, p. 1–14. 
Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying 
down  the  rules  and  general  principles  concerning  mechanisms  for  control  by  the  Member  States  of  the 
Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13). 

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(33) 

not  give  private  parties  a  right  of  compensation  as  a  consequence  of  environmental 
damage or of an imminent threat of such damage.  

It  is  therefore  appropriate  for  Directive  2010/75/EU  to  address  the  right  for 
compensation  for  damages  suffered  by  individuals.  To  ensure  that  individuals  can 
defend  their  rights  against  damages  to  health  caused  by  violations  of  Directive 
2010/75/EU  and  thereby  ensure  a  more  efficient  enforcement  of  that  Directive,  non-
governmental  organisations  promoting  the  protection  of  human  health  or  the 
environment, including those promoting the protection of consumers and meeting any 
requirements  under  national  law,  as  members  of  the  public  concerned,  should  be 
empowered  to  engage  in  proceedings,  as  the  Member  States  so  determine,  either  on 
behalf or or in support of any victim, without prejudice to national rules of procedure 
concerning representation and defence before the courts. Member States usually enjoy 
procedural  autonomy  to  ensure  an  effective  remedy  against  violations  of Union  law, 
subject  to  the  respect  of  the  principles  of  equivalence  and  effectivity.  However, 
experience  shows  that  while  there  is  overwhelming  epidemiologic  evidence  on  the 
negative health impacts of pollution on the population, in particular as regards air, it is 
difficult  for  the  victims  of  violations  of  Directive  2010/75/EU  under  the  procedural 
rules on the burden of proof generally applicable in the Member States to demonstrate 
a  causality  link  between  the  suffered  harm  and  the  violation.  As  a  result,  in  the 
majority  of  cases,  victims  of  violations  of  Directive  2010/75/EU  do  not  have  an 
effective  way  to  obtain  compensation  for  the  harm  caused  by  such  violations.  To 
strengthen the rights of individuals to obtain compensation for violations of Directive 
2010/75/EU  and  to  contribute  to  a  more  efficient  enforcement  of  its  requirements 
throughout the Union, it is necessary to adapt the burden of proof applicable to such 
situations.  Therefore,  when  an  individual  can  provide  sufficiently  robust  evidence  to 
give rise to a presumption that the violation of Directive 2010/75/EU is at the origins 
of the damage caused to the health of an individual, or has significantly contributed to 
it,  it  should  be  for  the  defendant  to  rebut  that  presumption  in  order  to  escape  his 
liability.  

(34)  The  impact  of  Directive  2010/75/EU  on  the  procedural  autonomy  of  the  Member 
States should be limited to what is necessary to ensure the objectives of protection of 
human  health  through  a  safe  environment  pursued  by  it  and  should  not  affect  other 
national procedural rules establishing the right to seek compensation for violations of 
that  Directive.  Such  national  rules  should  however  not  hamper  the  effective 
functioning  of  the  mechanism  for  seeking  compensation  required  by  Directive 
2010/75/EU.   

(35)  The implementation of Directive 2010/75/EU has shown divergent applications across 
Member  States  concerning  the  coverage  of  installations  for  the  manufacturing  of 
ceramic  products  by  firing,  because  the  wording  of  the  definition  of  this  activity 
allowed Member States to decide whether to apply both or only one of the two criteria 
on production capacity  and kiln capacity.  With a  view to  ensuring a more  consistent 
implementation  of  that  Directive  and  securing  a  level-playing  field  throughout  the 
Union,  such  installations  should  be  included  within  the  scope  of  that  Directive 
whenever any one of those two criteria is met.  

(36)  When setting emission limit  values for polluting substances,  the competent  authority 
should consider all substances, including substances of emerging concern, which may 
be emitted from  the concerned installation and  may have a significant  impact  on the 
environment  or  human  health.  In  doing  so,  the  hazard  characteristics,  quantity  and 
nature of the substances emitted and their potential to pollute any environmental media  

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should  be  considered.  The  BAT  conclusions,  where  relevant,  are  the  reference  point 
for  selecting the substances for which emission limit values are to be set, although the 
competent authority may decide to select additional substances.  Currently, individual 
polluting  substances  are  listed  in  a  non-exhaustive  way  in  Annex  II  to  Directive 
2010/75/EU; which is not compatible with the holistic approach of that Directive and 
does  not  reflect  the  need  for  competent  authorities  to  take  into  account  all  relevant 
polluting substances, including those of emerging concern. The non-exhaustive list of 
polluting substances should therefore be deleted. Instead, reference should be made to 
the list of pollutants in Annex II to Regulation (EC) No 166/200679.  

(37)  Although  landfills  are  included  within  the  scope  of  Directive  2010/75/EU,  no  BAT 
conclusions  exist  for  landfills  since  that  activity  falls  within  the  scope  of  Council 
Directive  1999/31/EC80  and  the  requirements  of  the  latter  Directive  are  deemed  to 
constitute  BAT.  Due  to  the  technical  developments  and  innovation  that  have  taken 
place  since  the  adoption  of  Directive  1999/31/EC,  more  effective  techniques  for 
protecting human health and the environment are now available. The adoption of BAT 
the  key 
conclusions  under  Directive  2010/75/EU  would  allow  addressing 
environmental  issues  related  to  the  operation  of waste  landfills,  including  significant 
emissions of methane. Directive 1999/31/EC  should therefore allow for the adoption 
of BAT conclusions on landfills under Directive 2010/75/EU.  

(38)  Directives 2010/75/EU and 1999/31/EC should therefore be amended accordingly. 

(39)  Since the objectives of this Directive, namely to ensure a high level of environmental 
protection  and  the  improvement  of  environmental  quality,  cannot  be  sufficiently 
achieved by Member States and can, therefore, by reason of the transboundary nature 
of  pollution  from  industrial  activities,  be  better  achieved  at  Union  level,  the  Union 
may  adopt  measures  in  accordance  with  the  principle  of  subsidiarity  as  set  out  in 
Article  5  of  the  Treaty  on  European  Union.  In  accordance  with  the  principle  of 
proportionality,  as  set  out  in  that  Article,  this  Directive  does  not  go  beyond  what  is 
necessary in order to achieve those objectives. 

(40) 

(41) 

In accordance with the principle of proportionality, it is necessary and appropriate for 
the  achievement  of  the  basic  objective  of  ensuring  a  high  level  of  environmental 
protection  and  the  improvement  of  environmental  quality  to  lay  down  rules  on 
integrated  prevention  and  control  of  pollution  arising  from  industrial  activities.  This 
Directive  does  not  go  beyond  what  is  necessary  in  order  to  achieve  the  objectives 
pursued, in accordance with Article 5(4) of the Treaty on European Union. 

In accordance with  the Joint Political  Declaration of 28 September 2011  of Member 
States  and  the  Commission  on  explanatory  documents81,  Member  States  have 
undertaken  to  accompany,  in  justified  cases,  the  notification  of  their  transposition 
measures  with  one  or  more  documents  explaining  the  relationship  between  the 
components  of  a  directive  and  the  corresponding  parts  of  national  transposition 
instruments. With regard to this Directive, the legislator considers the transmission of 
such documents to be justified, 

79 

80 
81 

Regulation  (EC)  No  166/2006  of  the  European  Parliament  and  of  the  Council  of  18  January  2006 
establishing a European Pollutant Release and Transfer Register (OJ L 33, 4.2.2006, p. 1). 
Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste (OJ L 182 16.7.1999, p. 1).  
OJ C 369, 17.12.2011, p. 14. 

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32 

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HAVE ADOPTED THIS DIRECTIVE: 

Article 1 

Amendments to Directive 2010/75/EU  

Directive 2010/75/EU is amended as follows: 

(1)  

In Article 1, the second paragraph is replaced by the following:  

‘It also lays down rules designed to prevent or, where that is not practicable, to reduce 
emissions  into  air,  water  and  land  and  to  prevent  the  generation  of  waste,  in  order  to 
achieve  a  high  level  of  protection  of  human  health  and  the  environment  taken  as  a 
whole.’. 

(2)  

In Article 2, paragraph 1 is replaced by the following:  

‘1.   This Directive shall apply to the industrial activities giving rise to pollution referred 

to in Chapters II to VIa.’. 

(3)   Article 3 is amended as follows: 

(a) 

point (3) is replaced by the following: 

‘(3)  ‘installation’  means  a  stationary  technical  unit  within  which  one  or 
more activities listed in Annex I, in Annex Ia or in Part 1 of Annex VII are 
carried  out,  and  any  other  directly  associated  activities  on  the  same  site 
which have a technical connection with the activities listed in those Annexes 
and which could have an effect on emissions and pollution;’; 

(b)  point (12) is replaced by the following: 

levels  associated  with 

‘(12) ‘BAT conclusions’ means a document containing the parts of a BAT 
reference  document  laying  down  the  conclusions  on  best  available 
techniques,  their  description,  information  to  assess  their  applicability,  the 
the 
emission 
environmental  performance  levels  associated  with  the  best  available 
techniques, the minimum content of an environmental management system 
including  benchmarks  associated  with  the  best  available  techniques, 
levels  and,  where 
associated  monitoring,  associated  consumption 
appropriate, relevant site remediation measures;’; 

the  best  available 

techniques, 

(c) 

the following point (13a) is inserted:  

‘(13a) ‘environmental performance levels associated with the best available 
techniques’  means  the  range  of  environmental  performance  levels,  except 
emission levels, obtained under normal operating conditions using a BAT or 
a combination of BATs;’.  

(d)  point (17) is replaced by the following:  

‘(17)  ‘the  public  concerned’  means  the  public  affected  or  likely  to  be 
affected by, or having an interest in, the taking of a decision on the granting 
or the updating of a permit or of permit conditions; for the purposes of this 
definition,  non-governmental  organisations  promoting  the  protection  of 

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33 

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human  health  or  the  environment  and  meeting  any  requirements  under 
national law shall be deemed to have an interest;’. 

(e) 

the following points (23a), (23b) and (23c) are inserted: 

‘(23a)  ‘pigs’  means  pigs  as  defined  in  Article  2  of  Council  Directive 
2008/120/EC*; 

(23b) ‘cattle’ means domestic animals  of the species Bos taurus; 

(23c)  ‘livestock  unit’  or  ‘LSU’  means  the  grazing  equivalent  of  one  adult 
dairy  cow  producing  3  000  kg  of  milk  annually,  without  additional 
concentrated foodstuffs,  which is  used to  express the size of farms rearing 
different categories of animals, using the conversion rates, with reference to 
actual  production  within  the  calendar  year,  set  out  in  Annex  II  to 
Commission Implementing Regulation (EU) No 808/2014**’. 

*  Council  Directive  2008/120/EC  of  18  December  2008  laying  down 
minimum standards for the protection of pigs (OJ L 47, 18.2.2009, p. 5). 

**  Commission  Implementing  Regulation  (EU)  No  808/2014  of  17  July 
2014  laying  down  rules  for  the  application  of  Regulation  (EU)  No 
1305/2013  of  the  European  Parliament  and  of  the  Council  on  support  for 
rural  development  by 
the  European  Agricultural  Fund  for  Rural 
Development (EAFRD) (OJ L 227 31.7.2014, p. 18).’;. 

(f) 

the following points (48) to (53) are added: 

‘(48)  ‘industrial  minerals’  means  minerals  used  in  industry  for  the 
production  of  semi-finished  or  finished  products,  with  the  exception  of 
metalliferous  ores,  energy  minerals,  construction  minerals  and  precious 
stones;  

(49) ‘metalliferous ores’ means ores that yield metals or metallic substances; 

(50) ‘emission levels associated with emerging techniques’ means the range 
of  emission  levels  obtained  under  normal  operating  conditions  using  an 
emerging technique or a combination of emerging techniques, expressed as 
an average over a given period of time, under specified reference conditions;  

‘environmental  performance 

(51) 
levels  associated  with  emerging 
techniques’  means  the  range  of  environmental  performance  levels,  except 
emission  levels,  obtained  under  normal  operating  conditions  using  an 
emerging technique or a combination of emerging techniques;  

(52)  ‘compliance  assurance’  means  mechanisms  for  securing  compliance 
using  three  categories  of  intervention:  compliance  promotion;  compliance 
monitoring; follow-up and enforcement.’; 

the 

indicative 

‘‘benchmarks’  means 

(53) 
range  of  environmental 
performance  levels  associated  with  best  available  techniques,  other  than 
emission levels and may include  
consumption levels; 
resource efficiency levels and reuse levels; 
levels of covering materials; 
levels of water and energy resources; 

(a)  
(b)  
(c)  
(d)  
(e)   waste levels; 

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34 

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(f)  

other levels obtained under specified reference conditions.’. 

(4)  

In Article 4(1), the second subparagraph is replaced by the following: 

‘By way of derogation from the first subparagraph, Member States may set a procedure 
for the registration of installations covered only by Chapter V or Chapter VIa.’.    

(5)  

In Article 5, the following paragraph (4) is added: 

‘4.   Member States shall ensure that permits granted pursuant to this Article are made 
available on the Internet, free of charge and without restricting access to registered 
users. In addition, a summary of each permit shall be made available to the public 
under the same condtions. That summary shall include at least the following: 

(a) 

(b) 

(c) 

(d) 

(e) 

an overview of the main permit conditions; 

the emission limit values and environmental performance limits values; 

any derogations granted in accordance with Article 15(4); 

the applicable BAT conclusions; 

the provisions for reconsideration and updating of the permit. 

The Commission shall adopt an implementing act to establish the format to be used  for 
the  summary  referred  to  in  the  second  subparagraph.  That  implementing  act  shall  be 
adopted in accordance with the examination procedure referred to in Article 75(2).’. 

(6)   Articles 7 and 8 are replaced by the following:  

‘Article 7 

Incidents and accidents 

Without  prejudice  to  Directive  2004/35/EC  of  the  European  Parliament  and  of  the 
Council*, in the event of any incident or accident significantly affecting  human health 
or the environment, Member States shall take the necessary measures to ensure that: 

(a)  

(b)  

(c)  

the operator informs the competent authority immediately; 

the  operator  immediately  takes  the  measures  to  limit  the  environmental 
consequences and to prevent further possible incidents or accidents; 

the  competent  authority  requires  the  operator  to  take  any  appropriate 
complementary  measures  that  the  competent  authority  considers  necessary  to 
limit the environmental consequences and to prevent further possible incidents 
or accidents. 

In  the  event  of  any  incident  or  accident  significantly  affecting  human  or  health  the 
environment in another Member State, the Member State in whose territory the accident 
or incident has occurred shall ensure that the competent authority of the other Member 
State  is  immediately  informed.  Transboundary  and  multidisciplinary  cooperation 
between the affected Member States  shall aim at limiting the consequences on for the 
environment and human health and to prevent further possible incidents or accidents.  

EN 

Article 8 

Non-compliance 

35 

  EN 

 
 
  
  
  
  
  
 
1. 

Member States shall take the necessary measures to ensure that the permit conditions 
are complied with.  

They shall also adopt compliance assurance measures to to promote, monitor and 
enforce compliance with obligations placed on natural or legal persons under this 
Directive. 

2. 

In the event of a breach of the permit conditions, Member States shall ensure that: 

(a)  

the operator immediately informs the competent authority; 

(b)  

(c)  

the  operator  immediately  takes  the  measures  necessary  to  ensure  that 
compliance is restored within the shortest possible time; 

the  competent  authority  requires  the  operator  to  take  any  appropriate 
complementary  measures  that  the  competent  authority  considers  necessary 
to restore compliance. 

Where the breach of the permit conditions poses an immediate danger to human 
health  or  threatens  to  cause  an  immediate  significant  adverse  effect  upon  the 
environment,  and  until  compliance  is  restored  in  accordance  with  the  first 
subparagraph,  points  (b)  and  (c),  the  operation  of  the  installation,  combustion 
plant, waste incineration plant, waste co-incineration plant or relevant part thereof 
shall be suspended without any delay. 

3. 

Where  the  breach  of  the  permit  conditions  continues  to  cause  a  danger  to  human 
health  or  a  a  significant  adverse  effect  upon  the  environment,  and  where  the 
necessary action for restoring compliance identified in the inspection report referred 
to  in  Article  23(6)  have  not  been  implemented,  the  operation  of  the  installation, 
combustion  plant,  waste  incineration  plant,  waste  co-incineration  plant  or  relevant 
part thereof may be suspended by the competent authority until compliance with the 
permit conditions is restored. 

*   Directive 2004/35/CE of the European Parliament and of the Council of 21 April 
2004  on  environmental  liability  with  regard  to  the  prevention  and  remedying  of 
environmental damage (OJ L 143, 30.4.2004, p. 56).’. 

 (7)   In Article 9, paragraph (2) is deleted.  

 (8)   In Article 11, the following points (fa), (fb) and (fc) are inserted: 

‘(fa)  material resources and water are used efficiently, including through re-use; 

(fb)   the overall life-cycle environmental performance of the supply chain is taken into 

account as appropriate; 

(fc)   an  environmental  management  system  is  implemented  as  referred  to  in  Article 

14a.’. 

 (9)   Article 13 is amended as follows: 

(a) 

paragraph 1 is replaced by the following: 

‘1.  

In  order  to  draw  up,  review  and,  where  necessary,  update  BAT  reference 
documents,  the  Commission  shall  organise  an  exchange  of  information 
between  Member  States,  the  industries  concerned,  non-governmental 

EN 

36 

  EN 

 
 
 
 
 
 
 
 
organisations promoting environmental protection, the European Chemicals 
Agency and the Commission.’ 

(b) 

In paragraph 2, the following subparagraph is added: 

‘Without  prejudice  to  Union  competition  law,  information  considered  as 
confidential  business  information  or  commercially  sensitive  information  shall 
only  be  shared  with  the  Commission  and  with  the  following  individuals  having 
signed  a  confidentiality  and  non-disclosure  agreement:  civil  servants  and  other 
public  employees  representing  Member  States  or  Union  agencies,  and 
representatives  of  non-governmental  organisations  promoting  the  protection  of 
human  health  or  the  environment.  The  exchange  of  information  considered  as 
confidential  business  information  or  sensitive  commercial  information  shall 
remain  limited  to  what  is  required  to  draw  up,  review  and,  where  necessary, 
update  BAT  reference  documents  and  such  sensitive  or  commercial  information 
shall not be used for other purposes.’. 

(10)   Article 14 is amended as follows: 

(a) 

paragraph 1 is amended as follows: 

(i) 

the first subparagraph is replaced by the following:  

‘Member  States  shall  ensure  that  the  permit  includes  all  measures  necessary  to 
comply with the requirements of Articles 11 and 18. To that effect, Member States 
shall  ensure  that  permits  are  granted  further  to  consultation  of  all  relevant 
authorities  who  ensure  compliance  with  Union  environmental  legislation, 
including with environmental quality standards.’; 

(ii) 

 in the second subparagraph, point (a) is replaced by the following: 

‘(a)   emission  limit  values  for  polluting  substances  listed  in  Annex  II  of 
Regulation  (EC)  No  166/2006*,  and  for  other  polluting  substances,  which 
are  likely  to  be  emitted  from  the  installation  concerned  in  significant 
quantities,  having  regard  to  their  nature  and  their  potential  to  transfer 
pollution from one medium to another; 

*  Regulation  (EC)  No  166/2006  of  the  European  Parliament  and  of  the 
Council of 18 January 2006 concerning the establishment of a European 
Pollutant  Release  and  Transfer  Register  and  amending  Council 
Directives 91/689/EEC and 96/61/EC (OJ L 33, 4.2.2006, p. 1).’; 

(iii) 

the following point (aa) is inserted:  

‘(aa) environmental performance limit values;’ ; 

(iv)   point (b) is replaced by the following:  

‘(b)   appropriate  requirements  ensuring  protection  of  the  soil,  groundwater  and 
surface water, and measures concerning the monitoring and management of 
waste generated by the installation;’; 

(v)  

the following point (bb) is inserted:  

‘(bb)  appropriate  requirements  for  an  environmental  management  system  as  laid 

down in Article 14a;’; 

(vi)   the following point (bc) is inserted:  

EN 

37 

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‘(bc) suitable monitoring requirements for the consumption and reuse of resources 

such as energy, water and raw materials;’; 

(vii)  in point (d), the following subpoint (iii) is added:  

(iii) 

information  on  progress  towards  fulfilment  of  the  environmental  policy 
objectives  referred  to  in  Article  14a.  Such  information  shall  be  made 
public;’; 

(viii)  point (h) is replaced by the following: 

‘(h)  conditions  for  assessing  compliance  with  the  emission  limit  values  and 
environmental  performance  limit  values  or  a  reference  to  the  applicable 
requirements specified elsewhere.’. 

 (11)   The following Article 14a is inserted: 

‘Article 14a 

Environmental management system 

1.  Member  States  shall  require  the  operator  to  prepare  and  implement,  for  each 
installation  falling  within 
this  Chapter,  an  environmental 
the  scope  of 
management  system  (‘EMS’).  The  EMS  shall  comply  with  the  provisions 
included in relevant BAT conclusions that determine aspects to be covered in the 
EMS.  

The EMS shall be reviewed periodically to ensure that it continues to be suitable, 
adequate and effective. 

2. 

The EMS shall include at least the following: 

(a) 

(b) 

(c) 

(d) 

(e) 

the 
environmental  policy  objectives 
environmental  performance  and  safety  of  the  installation,  which  shall  include 
measures to: 

improvement  of 

the  continuous 

for 

(i)     prevent the generation of waste; 

(ii)    optimise resource use and water reuse; 

(iii) prevent or reduce risks associated with the use of hazardous substances. 

objectives  and  performance  indicators  in  relation  to  significant  environmental 
aspects,  which  shall  take  into  account  benchmarks  set  out  in  the  relevant  BAT 
conclusions and the life-cycle environmental performance of the supply chain; 

for installations covered by the obligation to conduct an energy audit or implement 
an  energy  management  system  pursuant  to  Article  8  of  Directive  2012/27/EU, 
inclusion  of  the  results  of  that  audit  or  implementation  of  the  energy  management 
system pursuant to Article 8 and Annex VI of that Directive and of the measures to 
implement  their recommendations; 

a chemicals inventory of the hazardous substances present in the installation as such, 
as constituents  of other  substances or as part of  mixtures, a risk   assessment of the 
impact of such substances on human health and the environment and an analysis of 
the possibilities to substitute them with safer alternatives; 

measures  taken  to  achieve  the  environmental  objectives  and  avoid  risks  for  human 
health  or  the  environment,  including  corrective  and  preventive  measures  where 
needed; 

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38 

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(f) 

a transformation plan as referred to in Article 27d. 

3. 

The EMS of an installation shall be made available on the Internet, free of charge 
and without restricting access to registered users.’. 

 (12)   Article 15 is replaced by the following: 

 ‘Article 15 

Emission limit values, environmental performance limit values, equivalent parameters 
and technical measures 

‘1.    The emission limit values for polluting substances shall apply at the point where 
the  emissions  leave  the  installation,  and  any  dilution  prior  to  that  point  shall  be 
disregarded when determining those values. 

With regard to indirect releases of polluting substances into water, the effect of a 
waste  water  treatment  plant  outside  the  installation  may  be  taken  into  account 
when  determining  the  emission  limit  values  of  the  installation  concerned, 
provided  that  the  operator  ensures  that  all  of  the  following  requirements  are 
fulfilled:  

(a) 

(b) 

(c) 

(d) 

the  released  polluting  substances  do  not  impede  the  operation  of  the 
waste water treatment plant;  

the  released  polluting  substances  do  not  harm  the  health  of  the  staff 
working in collecting systems and waste water treatment plants;  

the  waste  water  treatment  plant  is  designed  and  equipped  to  abate  the 
released polluting substances;  

the overall load of the concerned polluting substances eventually released 
into  the  water  is  not  increased  compared  to  the  situation  where  the 
emissions  from  the  installation  concerned  remained  compliant  with 
emission limit values set for direct releases in accordance with paragraph 
(3)  of  this  Article,  without  prejudice  to  stricter  measures  required 
pursuant to Article 18. 

The  competent  authority  shall  set  out  in  an  annex  to  the  permit  conditions  the 
reasons for the application of the second subparagraph, including the result of the 
assessment by the operator of the fulfilment of the required conditions.  

The  operator  shall  provide  an  updated  assessment  in  cases  where  the  permit 
conditions should be changed to ensure that the requirements set out in the second 
subparagraph, points (a) to (d) are fulfilled.   

2.    Without  prejudice  to  Article  18,  the  emission  limit  values  and  the  equivalent 
parameters  and  technical  measures  referred  to  in  Article  14(1)  and  (2)  shall  be 
based  on  BAT  without  prescribing  the  use  of  any  technique  or  specific 
technology.  

3.   The competent authority shall set the strictest possible emission limit values  that 
are  consistent  with  the  lowest  emissions  achievable  by  applying  BAT  in  the 
installation, and that ensure that, under normal operating conditions, emissions do 
not  exceed  the  emission  levels  associated  with  the  best  available  techniques 
(BAT-AELs)  as  laid  down  in  the  decisions  on  BAT  conclusions  referred  to  in 
Article 13(5). The emission limit values  shall be based on an assessment by the 
operator  analysing  the  feasibility  of  meeting  the  strictest  end  of  the  BAT-AEL 

EN 

39 

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range  and  demonstrating  the  best  performance  the  installation  can  achieve  by 
applying BAT as described in BAT conclusions. The emission limit values  shall 
be set through either of the following: 

(a)   setting  emission  limit  values  expressed  for  the  same  or  shorter  periods  of 
time  and  under  the  same  reference  conditions  as  the  emission  levels 
associated with the best available techniques; or 

(b)   setting different emission limit values than those referred to under point (a) 

in terms of values, periods of time and reference conditions. 

Where  the  emission  limit  values  are  set  in  accordance  with  point  (b),  the 
competent  authority  shall,  at  least  annually,  assess  the  results  of  emission 
monitoring  in  order  to  ensure  that  emissions  under  normal  operating  conditions 
have  not  exceeded  the  emission  levels  associated  with  the  best  available 
techniques. 

3a.   The  competent  authority  shall  set  environmental  performance  limit  values  that 
ensure that, under normal operating conditions, such performance limits values do 
not  exceed  the  environmental  performance  levels  associated  with  BATs  as  laid 
down in the decisions on BAT conclusions referred to in Article 13(5). 

4.    By way of derogation from paragraph 3, and without prejudice to Article 18, the 
competent  authority  may,  in  specific  cases,  set  less  strict  emission  limit  values. 
Such  a  derogation  may  apply  only  where  an  assessment  shows  that  the 
achievement  of  emission  levels  associated  with  the  best  available  techniques  as 
described  in  BAT  conclusions  would  lead  to  disproportionately  higher  costs 
compared to the environmental benefits due to: 

(a)  

the  geographical  location  or  the  local  environmental  conditions  of  the 
installation concerned; or 

(b)  

the technical characteristics of the installation concerned. 

The competent authority shall document in an annex to the permit conditions the 
reasons  for  the  application  of  the  first  subparagraph  including  the  result  of  the 
assessment and the justification for the conditions imposed. 

The  emission  limit  values  set  in  accordance  with  the  first  subparagraph  shall, 
however,  not  exceed  the  emission  limit  values  set  out  in  the  Annexes  to  this 
Directive, where applicable.  

Derogations  referred  to  in  this  paragraph  shall  respect  the  principles  set  out  in 
Annex  II.  The  competent  authority  shall  in  any  case  ensure  that  no  significant 
pollution  is  caused  and  that  a  high  level  of  protection  of  the  environment  as  a 
whole  is  achieved.  Derogations  shall  not  be  granted  where  they  may  put  at  risk 
compliance with environmental quality standards referred to in Article 18. 

The  competent  authority  shall  re-assess  whether  the  derogation  granted  in 
accordance  with  this  paragraph  is  justified  every  4  years  or  as  part  of  each 
reconsideration  of  the  permit  conditions  pursuant  to  Article  21,  where  such 
reconsideration is made earlier than 4 years after the derogation was granted. 

The  Commission  shal  adopt  an  implementing  act,  to  establish  a  standardised 
methodology  for  assessing 
the  costs  of 
implementation of the BAT conclusions and the potential environmental benefits 

the  disproportionality  between 

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40 

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referred  to  in  the  first  subparagraph.  That  implementing  act  shall  be  adopted  in 
accordance with the examination procedure referred to in Article 75(2).’. 

(13)   The following Article 15a is inserted: 

‘Article 15a 

Compliance assessment 

1.   For the purpose of assessing compliance with emission limit values in accordance 
with  Article  14(1),  point  (h),  the  correction  made  to  measurements  to  determine 
the  validated  average  emission  values  shall  not  exceed  the  measurement 
uncertainty of the measuring method. 

2.   The  Commission  shall  by  [OP  please  insert  date  =  the  first  day  of  the  month 
following 24 months after the date of entry into force of this Directive] adopt an 
implementing  act  establishing  the  measuring  method  for  assessing  compliance 
with emission limit values set out in the permit with regard to emissions to air and 
water. This implementing act shall be adopted in accordance with the examination 
procedure referred to in Article 75(2). 

The method referred to in the first subparagraph shall address, as a minimum, the 
determination  of  validated  average  emission  values  and  shall  set  out  how 
measurement  uncertainty  and  the  frequency  of  exceedance  of  emission  limit 
values are to be taken into account in the compliance assessment.  

3.   Where an installation falling within the scope of this Chapter also falls within the 
scope  of  Chapter  III  or  IV  and  compliance  with  emission  limit  values  set  in 
accordance  with  this  Chapter  is  demonstrated  pursuant  to  paragraph  1  of  this 
Article,  the  installation  shall  be  deemed  to  also  comply  with  the  emission  limit 
values set pursuant to Chapter III or IV for the pollutants concerned.’. 

 (14)  In Article 16, the following paragraph 3 is added: 

‘3.   Where a derogation referred to in Article 15(4) has been granted, Member States 
shall  ensure  that  the  operator  monitors  the  concentration  of  the  pollutants 
concerned by the derogation which are present in the receiving environment. The 
results  of  the  monitoring  shall  be  transmitted  to  the  competent  authority.  Where 
relevant, monitoring and measuring methods for each concerned pollutant set out 
in other relevant Union legislation shall be used for the purpose of the monitoring 
referred to in this paragraph.’.  

 (15)   Article 18 is replaced by the following: 

‘Article 18 

Environmental quality standards 

Where  an  environmental  quality  standard  requires  stricter  conditions  than  those 
achievable  by  the  use  of  the  best  available  techniques,  additional  measures  shall  be 
included  in  the  permit  with  a  view  to  reducing  the  specific  contribution  of  the 
installation to the pollution occurring in the relevant area.  

Where stricter conditions have been included in the permit in accordance with the first 
paragraph,  regular  monitoring  of  the  concentration  of  relevant  pollutants  in  the 
receiving environment resulting from operations of the installations concerned shall be 
required from the operator, and the results of such monitoring shall be transmitted to the 
competent  authority.  Where  monitoring  and  measurement  methods  for  the  concerned 

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pollutants are set out in other relevant Union legislation, such methods shall be used for 
the purpose of the monitoring referred to in this paragraph.’. 

 (16)  In Article 21(5), point (c) is replaced by the following:  

‘(c)   where it is necessary to comply with an environmental quality standard referred to 
in  Article 18, including in the case of a new or revised quality standard or where 
the status of the receiving environment requires a revision of the permit in order to 
achieve compliance with plans and programmes set under Union legislation.’. 

(17)   Article 24 is amended as follows: 

(a) 

paragraph 1 is amended as follows: 

(i)   point (d) is replaced by the following: 

 ‘(d)  the  updating  of  a  permit  or  permit  conditions  for  an  installation  in 
accordance with Article 21(5), points (a), (b) and (c);’; 

(ii)  

the following point (e) is added: 

‘(e)  the  updating  of  a  permit  in  accordance  with  Article  21(3)  or  Article 
21(4).’. 

(b)  paragraph 2 is amended as follows: 

(i)  

the first subparagraph is replaced by the following: 

 ‘2.   When a decision on granting, reconsideration or updating of a permit 
has  been  taken,  the  competent  authority  shall  make  available  to  the 
public,  including  suystematically  via  the  Internet,  free  of  charge  and 
without restricting access to registered users, in relation to points (a), 
(b) and (f), the following information:’; 

(ii)  

point (c) is replaced by the following:  

‘(c) the results of the consultations held before the decision was taken, 
including consultations held pursuant to Article 26, and an explanation 
of how those consultations were taken into account in that decision;’; 

(c) 

paragraph 3 is replaced by the following:  

‘3.   The  competent  authority  shall  also  make  available  to  the  public,  including 
systematically via the Internet, free of charge and without restricting access 
to registered users, the following: 

(a)  

(b)  

relevant  information  on  the  measures  taken  by  the  operator  upon 
definitive cessation of activities in accordance with Article 22; 

the  results  of  emission  monitoring  as  required  under  the  permit 
conditions and held by the competent authority; 

(c)    the results of the monitoring referred to in Article 16(3) and in Article 

18, second subparagraph.’. 

 (18)   In Article 25(1),  the following subparagraphs are added: 

‘Standing  in  the  review  procedure  may  not  be  conditional  on  the  role  that  the 
concerned member of the public played during a participatory phase of the decision-
making procedures under this Directive. 

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The review procedure shall be fair, equitable, timely and not prohibitively expensive, 
and shall provide for adequate and effective redress mechanisms, including injunctive 
relief as appropriate.’.   

 (19)   In Article 26, paragraphs 1 and 2  are replaced by the following:  

‘1.   Where  a  Member  State  is  aware  that  the  operation  of  an  installation  may  have 
significant negative effects on the environment of another Member State, or where 
a  Member  State  which  may  be  significantly  affected  so  requests,  the  Member 
State  in  whose  territory  the  application  for  a  permit  pursuant  to  Article  4  or 
Article  20(2)  was  submitted  shall  forward  to  the  other  Member  State  any 
information  required to  be  given or made available pursuant  to  Annex  IV at  the 
same time as it makes it available to the public. On the basis of that information, 
consultations shall be carried out between the two Member States, while ensuring 
that the comments from  the Member State that may be significantly affected are 
provided  before  the  competent  authority  of  the  Member  State  in  whose  territory 
the  application  for  a  permit  was  submitted  reaches  its  decision.  Should  no 
comments be provided by the Member State which may be significantly affected 
within the period for consultation of the public concerned, the competent authority 
shall proceed with the permitting procedure. 

2.   Member  States  shall  ensure  that,  in  the  cases  referred  to  in  paragraph  1,  the 
application for a permit is also made available for comments to the public of the 
Member State which may  be significantly affected and remains available  for the 
same  period  of  time  as  provided  in  the  Member  State  where  the  application  has 
been made.’. 

 (20)   The following heading is inserted after Article 26: 

‘CHAPTER IIa 

PROMOTING INNOVATION’  

 (21)   Article 27 is replaced by the following:  

‘Article 27 

Emerging techniques 

Member States shall, where appropriate, encourage the development and application of 
emerging  techniques,  in  particular  where  such  techniques  have  been  identified  in  the 
BAT conclusions, the BAT reference documents or the findings of the innovation centre 
for industrial transformation and emissions  referred to in Article 27a.’. 

 (22)   The following Articles 27a to 27d  are inserted: 

‘Article 27a 

Innovation centre for industrial transformation and emissions  

1. 

2. 

The  Commission  shall  establish  and  operate  an  innovation  centre  for  industrial 
transformation and emissions (the 'centre’ or ‘INCITE’).    

The centre shall collect and analyse information on innovative techniques, including 
emerging  techniques  relevant  to  activities  within  the  scope  of  this  Directive,  and 
characterise  their  level  of  development  and  their  environmental  performance.  The 
Commission  shall  take  into  account  the  findings  of  the  centre  when  preparing  the 
work programme for the exchange of information referred to in Article 13(3), point 

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3. 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

4. 

(b),  and  when  drawing  up,  reviewing  and  updating  the  BAT  reference  documents 
referred to in Article 13(1).  

The centre shall be assisted by: 

representatives of Member States; 

relevant public institutions; 

relevant research institutes; 

research and technology organisations; 

representatives of  the industries concerned; 

technology providers; 

non-governmental organisations promoting environmental protection; 

the Commission.  

The  centre  shall  make  its  findings  public,  subject  to  the  restrictions  laid  down  in 
Article 4(1) and (2) of Directive 2003/4/EC.  

The  Commission  shall  adopt  an  implementing  act  setting  out  the  detailed 
arrangements necessary for the establishment and functioning of the centre. This 
implementing act shall be adopted in accordance with the examination procedure 
referred to in Article 75(2). 

Article 27b 

Testing of emerging techniques 

Without  prejudice  to  Article  18,  the  competent  authority  may  grant  temporary 
derogations  from  the  requirements  set  out  in  Article  15(2)  and  (3)  and  from  the 
principles set out in Article 11, points (a) and (b), for the testing of emerging techniques 
for a total period of time not exceeding 24 months. 

Article 27c 

Emission levels associated with emerging techniques 

By  way  of  derogation  from  Article  21(3),  the  competent  authority  may  set  emission 
limit  values  that  ensure  that,  within  6  years  of  publication  of  a  decision  on  BAT 
conclusions  in  accordance  with  Article  13(5)  relating  to  the  main  activity  of  an 
installation,  emissions  shall  not,  under  normal  operating  conditions,  exceed  emission 
levels  associated  with  emerging  techniques  as  laid  down  in  the  decisions  on  BAT 
conclusions. 

Article 27d 

1. 

Transformation towards a clean, circular and climate neutral industry  

Member  States  shall  require  that  by  30  June  2030  the  operator  includes  in  its 
environmental  management  system  referred  to  in  Article  14a  a  transformation  plan 
for each installation carrying out any activity listed in points 1, 2, 3, 4, 6.1 a, and 6.1 
b  of  Annex  I.  The  transformation  plan  shall  contain  information  on  how  the 
installation will transform itself during the 2030-2050 period in order to contribute to 
the emergence of a sustainable, clean, circular and climate-neutral economy by 2050, 
using the format referred to in paragraph 4. 

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Member  States  shall  take  the  necessary  measures  to  ensure  that  by  31  December 
2031, the audit organisation  contracted by the operator as part of its environmental 
management system assesses the conformity of the transformation plans referred to 
in  the  first  subparagraph  of  paragraph  1  with  the  requirements  set  out  in  the 
implementing act referred to in paragraph 4.  

Member  States  shall  require  that,  as  part  of  the  review  of  the  permit  conditions 
pursuant to Article 21(3) following the publication of decisions on BAT conclusions 
after 1 January 2030, the operator includes in its environmental management system 
referred to in Article 14a a transformation plan for each installation carrying out any 
activity  listed in  Annex  I  that is  not referred to  in paragraph 1. The transformation 
plan shall contain information on how the installation will transform itself during the 
2030-2050  period  in  order  to  contribute  to  the  emergence  of  a  sustainable,  clean, 
circular  and  climate-neutral  economy  by  2050,  using  the  format  referred  to  in 
paragraph 4. 

Member States shall take the necessary measures to ensure that the audit organisation 
contracted by the operator as part of its environmental management system  assesses 
the  conformity  of  the  transformation  plans  referred  to  in  the  first  subparagraph  of 
paragraph  2  with  the  requirements  set  out  in  the  implementing  act  referred  to  in 
paragraph 4.  

The  operator  shall  make  its  transformation  plan  as  well  as  the  results  of  the 
assessment referred to in paragraphs 1 and 2 public, as part of the publication of its 
environmental management system. 

The Commission shall by 30 June 2028, adopt an implementing act establishing the 
format  for  the  transformation  plans.  This  implementing  act  shall  be  adopted  in 
accordance with the examination procedure referred to in Article 75(2).’. 

2. 

3. 

4. 

 (23)  In Article 42(1), the second subparagraph is replaced by the following:  

‘This Chapter shall not apply to gasification or pyrolysis plants, if the gases or liquids 
resulting from such thermal treatment of waste are treated prior to their incineration to 
such an extent that: 

(a)  

(b)  

the incineration does not cause emissions higher than the combustion of the least 
polluting fuels available on the market that could be combusted in the installation; 

for emissions other than nitrogen oxides, sulphur oxides and dust, the incineration 
does  not  cause  emissions  higher  than  emissions  from  incineration  or  co-
incineration of waste.’. 

(24) The following heading is inserted after Article 70: 

‘CHAPTER VIa 

SPECIAL PROVISIONS FOR REARING POULTRY, PIGS AND CATTLE’ 

(25)   The following Articles 70a to 70i are inserted after the heading ‘CHAPTER VIa’: 

‘Article 70a 

Scope 

45 

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This Chapter shall apply to the activities set out in Annex Ia which reach the capacity 
thresholds set out in that Annex. 

Article 70b 

Aggregation rule 

If  two or more  installations are located  close to  each other and if their operator is the 
same  or  if  the  installations  are  under  the  control  of  operators  who  are  engaged  in  an 
economic  or  legal  relationship,  the  installations  concerned  shall  be  considered  as  a 
single  unit  for  the  purpose  of  calculating  the  capacity  threshold  referred  to  in  Article 
70a. 

Article 70c 

Permits 

1. 

Member States shall take the necessary measures to ensure that no installation falling 
within the scope of this  Chapter is  operated without  a permit  and that  its operation 
complies with the operating rules referred to in Article 70i. 

Member  States  may  include  requirements  for  certain  categories  of  installations 
falling within the scope of this Chapter in the general binding rules referred to in 
Article 6. 

Member  States  shall  specify  the  procedure  for  granting  a  permit  in  respect  of 
installations  falling  within  the  scope  of  this  Chapter.  Those  procedures  shall 
include at least the information listed in paragraph 2. 

2. 

Applications  for  permits  shall  include  at  least  a  description  of  the  following 
elements: 

(a)  

the installation and its activities 

(b) 

the animal type 

(c) 

the capacity of the installation; 

(d)  

the sources of emissions from the installation; 

(e)  

the nature and quantities of foreseeable emissions from the installation 
into each medium. 

3. 

4. 

Applications shall also include a non-technical summary of the information referred 
to in paragraph 2. 

Member States shall take necessary measures to ensure that the operator informs the 
competent  authority,  without  delay,  of  any  planned  substantial  change  to  the 
installations falling within the scope of this Chapter which may have consequences 
for the environment. Where appropriate, the competent authority shall reconsider and 
update the permit. 

Article 70d 

Obligations of the operator 

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46 

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1. 

2. 

3. 

1. 

2. 

3. 

1. 

2. 

3. 

Member States shall ensure that the operator carries out monitoring of emissions and 
of  associated  environmental  performance  levels  in  accordance  with  the  operating 
rules referred to in Article 70i. 

The  operator  shall  keep  a  record  of,  and  process,  all  monitoring  results,  for  a 
period of at least 6 years, in such a way as to enable the verification of compliance 
with the emission limit values and environmental performance limit values set out 
in operating rules referred to in Article 70i. 

In  the  event  of  non-compliance  with  the  emission  limit  values  and  environmental 
performance  limit  values  set  out  in  the  operating  rules  referred  to  in  Article  70i, 
Member States shall require that the operator takes the measures necessary to ensure 
that compliance is restored within the shortest possible time.  

The  operator  shall  ensure  that  any  land  spreading  of  waste,  animal  by-products  or 
other residues generated by the installation is undertaken in accordance with the best 
available techniques, as specified in the operating rules referred to in Article 70i, and 
other relevant Union legislation and that it does not cause significant pollution of the 
environment.   

Article 70e 

Monitoring 

Member States shall ensure that suitable monitoring is carried out in accordance with 
the operating rules referred to in Article 70i. 

All monitoring results shall be recorded, processed and presented in such a way as to 
enable  the  competent  authority  to  verify  compliance  with  the  operating  conditions, 
emission  limit  values  and  environmental  performance  limit  values  which  are 
included in the general binding rules referred to in Article 6 or in the permit. 

The operator shall, without delay, make available the data and information listed in 
paragraph 2 of this Article to the competent authority upon request. The competent 
authority may make such a request in order to verify compliance with the operating 
rules referred to in Article 70i. The competent authority shall make such a request if 
a member of the public requests access to the data or information listed in paragraph 
2 of this Article. 

Article 70f 

Non-compliance 

Member  States  shall  ensure  that  the  values  for  emissions  and  environmental 
performance  levels  monitored  in  accordance  with  the  operating  rules  referred  to  in 
Article 70i do not exceed the emission limit values and environmental performance 
limit values set out therein. 

Member  States  shall  set  up  an  effective  compliance  monitoring  system,  based  on 
either  environmental  inspections  or  other  measures,  to  check  compliance  with  the 
requirements set out in this Chapter. 

In  the  event  of  non-compliance  with  the  requirements  set  out  in  this  Chapter, 
Member States shall ensure that the competent authority requires the operator to take 
any measures,  in  addition  to  the measures taken  by the operator under Article 70d, 
that are necessary to ensure that compliance is restored without delay. 

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47 

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Where non-compliance causes a significant degradation of local air, water or soil 
conditions,  or  where  it  poses,  or  risks  to  pose,  a  significant  danger  to  human 
health,  the  operation  of  the  installation  shall  be  suspended  by  the  competent 
authority until compliance is restored.  

Article 70g 

Public information and participation 

1. 

Member  States  shall  ensure  that  the  public  concerned  are  given  early  and  effective 
opportunities to participate in the following procedures: 

(a)   preparation of general binding rules as referred to in Article 6 on permits for 

installations falling within the scope of this Chapter; 

(b)  

(c)  

the granting of a permit for a new installation falling within the scope of this 
Chapter;  

the  granting of  an updated permit in  accordance with  article 70c.4  for any 
substantial change to an existing installation falling within the scope of this 
Chapter. 

2. 

The competent authority shall make available to the public, including systematically 
via the Internet, free of charge and without restricting access to registered users, the 
following documents and information:  

(a)  

the permit; 

(b)  

the results of the consultations held in accordance with paragraph 1;  

(c)  

(d)  

the general  binding rules  referred to  in  Article 6  applicable to  installations 
falling within the scope of this Chapter; 

the reports of inspections of the installations falling within the scope of this 
Chapter. 

Article 70h 

Access to justice 

1. 

Member  States  shall  ensure  that,  in  accordance  with  the  relevant  national  legal 
system, members of the public concerned have access to a review procedure before a 
court  of  law,  or  another  independent  and  impartial  body  established  by  law  to 
challenge  the  substantive  or  procedural  legality  of  decisions,  acts  or  omissions 
subject to this Chapter when one of the following conditions is met:  

(a)  

they have a sufficient interest;  

(b)  

they  maintain  the  impairment  of  a  right,  where  administrative  procedural 
law of a Member State requires this as a precondition.  

Standing  in  the  review  procedure  may  not  be  conditional  on  the  role  that  the 
concerned  member  of  the  public  played  during  a  participatory  phase  of  the 
decision-making procedures under this Directive. 

The  review  procedure  shall  be  fair,  equitable,  timely  and  not  prohibitively 
expensive,  and  shall  provide  for  adequate  and  effective  redress  mechanisms, 
including injunctive relief as appropriate.  

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48 

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2. 

1. 

2. 

3. 

Member States shall determine at what stage the decisions, acts or omissions may be 
challenged. 

Article 70i 

Operating Rules 

The  Commission  shall  establish  operating  rules  containing  requirements  consistent 
with the use of best available techniques for the activities listed in Annex Ia, which 
shall include the following: 

(a)   emission limit values; 

(b)   monitoring requirements; 

(c) 

land spreading practices; 

(d)  pollution prevention and mitigation practices; 

(e) 

(f) 

environmental performance limit values; 

other measures consistent with Annex III. 

The  operating  rules  shall  take  into  account  inter  alia  the  nature,  type,  size  and 
density  of  these  installations  and  the  specificities  of  pasture  based  cattle  rearing 
systems, where animals are only seasonally reared in indoor installations. 

The  Commission  shall  by  [OP  please  insert  date  =  the  first  day  of  the  month 
following  24  months  after  the  date  of  entry  into  force  of  this  Directive]  adopt  a 
delegated  act  in  accordance  with  Article  76    to  supplement  this  Directive  by 
establishing the operating rules referred to in paragraph 1.’. 

Member  States  shall  ensure  that  all  the  permit  conditions  for  the  installations 
concerned  are  in  compliance  with  the  operating  rules  referred  to  in  paragraph  1 
within  42  months  of  the  entry  into  force  of  the  delegated  act  establishing  those 
rules.’. 

(26)   In  Article  73(1),  the  first  and  the  second  supbparagraphs  are  replaced  by  the 

following: 

‘By 30 June 2028 and every 5 years thereafter, the Commission shall submit to the 
European  Parliament  and  to  the  Council  a  report  reviewing  the  implementation  of 
this Directive. The report shall take into account the dynamics of innovation and the 
review referred to in Article 8 of Directive 2003/87/EC.  

That  report  shall  include  an  assessment  of  the  need  for  Union  action  through  the 
establishment or updating of Union-wide minimum requirements for emission limit 
values and for rules on monitoring and compliance for activities within the scope of 
the  BAT  conclusions  adopted  during  the  previous  five-year  period,  on  the  basis  of 
the following criteria: 

(a)  

(b)  

the  impact  of  the  activities  concerned  on  the  environment  as  a  whole 
and on human health; 

the  state  of  implementation  of  best  available  techniques  for  the 
activities concerned.’. 

 (27)   Article 74 is replaced by the following: 

EN 

‘Article 74 

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1. 

2. 

Amendments of Annexes 

In  order  to  allow  the  provisions  of  this  Directive  to  be  adapted  to  scientific  and 
technical  progress  on  the  basis  of  best  available  techniques,  the  Commission  shall 
adopt delegated acts in accordance with Article 76 as regards the adaptation of Parts 
3 and 4 of Annex V, Parts 2, 6, 7 and 8 of Annex VI and Parts 5, 6, 7 and 8 of Annex 
VII to such scientific and technical progress. 

In order to allow the provisions of this Directive to meet its objectives to prevent or 
reduce pollutants  emissions and achieve a high level  of protection of human health 
and the environment, the Commission shall be empowered to adopt a delegated act, 
in accordance with Article 76, to amend Annex I or Annex Ia by including in those 
Annexes an agro-industrial activity that meets the following criteria:   

(a) 

it has or is expected to have an impact on human health or the environment, 
in particular as a consequence of pollutant emissions and use of resources; 

(b) 

its environmental performance diverges within the Union; 

(c) 

(d)  

it  presents  potential  for  improvement  in  terms  of  its  environmental  impact 
through 
innovative 
techniques;  

the  application  of  best  available 

techniques  or 

its inclusion within the scope of this Directive is assessed, on the basis of its 
environmental,  economic  and  social  impacts,  to  have  a  favourable  ratio  of 
societal benefits to economic costs.  

3. 

The  Commission  shall  carry  out  appropriate  consultation  with  stakeholders  before 
adopting a delegated act in accordance with this Article.  

The  Commisison  shall  make  public  relevant  studies  and  analyses  used  in  the 
preparation of a delegated act adopted in accordance with this Article, at the latest 
at the adoption of the delegated act.’. 

 (28) Article 75 is replaced by the following: 

‘Article 75 

Committee procedure 

1. 

The Commission shall be assisted by a committee.  

That committee shall be a committee within the meaning of Regulation (EU) No 
182/2011.  

2. 

Where  reference  is  made  to  this  paragraph,  Article  5  of  Regulation  (EU)  No 
182/2011 shall apply.’. 

 (29)   Article 76 is replaced by the following:   

 ‘Article 76 

Exercise of the delegation 

1. 

2. 

The  power  to  adopt  delegated  acts  is  conferred  on  the  Commission  subject  to  the 
conditions laid down in this Article. 

The  power  to  adopt  delegated  acts  referred  to  in  Articles  48(5),  Article  70i  and 
Article 74 shall be conferred on the Commission for a period of 5 years from … [OP 
please  insert  the  date  =  the  first  day  of  the  month  following  the  date  of  entry  into 
force  of  this  Directive].  The  Commission  shall  draw  up  a  report  in  respect  of  the 

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3. 

4. 

5. 

6. 

delegation of power not later than nine months before the end of the five year period. 
The delegation of power shall be tacitly extended for periods of an identical duration, 
unless the European Parliament or the Council opposes such extension not later than 
three months before the end of each period. 

The delegation of power referred to in Articles 48(5), Article 70i and Article 74 may 
be revoked at any time by the European Parliament or by the Council. A decision to 
revoke shall put  an end to  the delegation of the power specified in  that decision.  It 
shall  take  effect  the  day  following  the  publication  of  the  decision  in  the  Official 
Journal of the European Union or at a later date specified therein. It shall not affect 
the validity of any delegated acts already in force. 

Before adopting a delegated act, the Commission shall consult experts designated by 
the 
in  accordance  with 
each  Member  State 
Interinstitutional Agreement of 13 April 2016 on Better Law-Making. 

the  principles 

laid  down 

in 

As soon as it adopts a delegated act, the Commission shall notify it simultaneously to 
the European Parliament and to the Council. 

A delegated act adopted pursuant to Articles 15(4) or 48(5) or Article 74 shall enter 
into force only if no objection has been expressed either by the European Parliament 
or  by  the  Council  within  a  period  of  two  months  of  notification  of  that  act  to  the 
European  Parliament  and  the  Council  or  if,  before  the  expiry  of  that  period,  the 
European Parliament and the Council have both informed the Commission that they 
will not object. That period shall be extended by two months at the initiative of the 
European Parliament or of the Council.’. 

 (30)  Articles 77 and 78 are deleted. 

(31)  Article 79 is replaced by the following: 

 ‘Article 79 

Penalties 

1. 

2. 

Without prejudice to the obligations of Member States under Directive 2008/99/EC 
of  the  European  Parliament  and  of  the  Council  of  19  November  2008  on  the 
protection of the environment through  criminal  law,  Member States  shall  lay down 
rules on penalties applicable to violations of nationalprovisions adopted pursuant to 
this Directive and shall take all measures necessary to ensure that they  are applied. 
The penalties provided for shall be effective, proportionate and dissuasive. Member 
States  shall  without  delay  notify  the  Commission  of  those  rules  and  of  those 
provisions, and shall notify without delay any subsequent amendment affecting them.  

The  penalties  referred  to  in  paragraph  1  shall  include  fines  proportionate  to  the 
turnover of the legal person or to the income of the natural person having committed 
the infringement. The level of the fines shall be calculated in such a way as to make 
sure  that  they  effectively  deprive  the  person  responsible  for  the  violation  of  the 
economic  benefits  derived  from  that  violation.  The  level  of  the  fines  shall  be 
gradually increased for repeated infringements. In the case of a violation committed 
by  a  legal  person,  the  maximum  amount  of  such  fines  shall  be  at  least  8  %  of  the 
operator’s annual turnover in the Member State concerned.   

3. 

Member  States  shall  ensure  that  the  penalties  referred  to  in  paragraph  1  give  due 
regard to the following, as applicable: 

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(a) 

the nature, gravity, and extent of the violation; 

(b) 

the intentional or negligent character of the violation; 

(c) 

the  population  or  the  environment  affected  by  the  violation,  bearing  in  mind 
the  impact  of  the  infringement  on  the  objective  of  achieving  a  high  level  of 
protection of human health and the environment.’. 

 (32)   The following Article 79a is inserted: 

‘Article 79a 

Compensation 

1. 

2. 

3. 

4. 

5. 

Member States shall ensure that, where damage to human health has occurred  as a 
result  of  a  violation  of  national  measures  that  were  adopted  pursuant  to  this 
Directive,  the  individuals  affected  have  the  right  to  claim  and  obtain  compensation 
for  that  damage  from  the  relevant  natural  or  legal  persons  and,  where  appropriate, 
from the relevant competent authorities responsible for the violation.  

Member States shall ensure that, as part of the public concerned, non-governmental 
organisations  promoting  the  protection  of  human  health  or  the  environment  and 
meeting any requirements under national law are allowed to represent the individuals 
affected  and bring  collective actions for compensation.  Member  States shall ensure 
that  a  claim  for  a  violation  leading  to  a  damage  cannot  be  pursued  twice,  by  the 
individuals  affected  and  by  the  non-governmental  organisations  referred  to  in  this 
paragraph. 

Member States shall ensure that national rules and procedures relating to claims for 
compensation  are  designed  and  applied  in  such  a  way  that  they  do  not  render 
impossible  or  excessively  difficult  the  exercise  of  the  right  to  compensation  for 
damage caused by a violation pursuant to paragraph 1. 

Where there is a claim for compensation in accordance with paragraph 1, supported 
by evidence from which a causality link may be presumed between the damage and 
the violation, Member States shall ensure that the onus is on the person responsible 
for the violation to prove that the violation did not cause or contribute to the damage. 

Member  States  shall  ensure  that  the  limitation  periods  for  bringing  actions  for 
compensation  referred  to  in  paragraph  1  are  not  shorter  than  5  years.  Such  periods 
shall  not  begin  to  run  before  the  violation  has  ceased  and  the  person  claiming  the 
compensation knows or can reasonably be expected to know that he or she suffered 
damage from a violation pursuant to paragraph 1.’. 

(33)  Annex I is amended as set out in Annex I to this Directive. 

(34)  Annex Ia as set out in Annex II to this Directive is inserted. 

(35)  Annex II is replaced by the text in Annex III to this Directive.  

Article 2 

Amendments to Directive 1999/31/EC 

In Article 1 of Directive 1999/31/EC, paragraph 2 is deleted.  

EN 

Article 3 

Transposition 

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1.  Member States shall bring into force the laws, regulations and administrative provisions 
necessary to comply with this Directive by [OP please insert the date = the first day of 
the month following 18 months after the date of entry into force of this Directive]. They 
shall forthwith communicate to the Commission the text of those provisions. 

When  Member  States  adopt  those  provisions,  they  shall  contain  a  reference  to  this 
Directive  or  be  accompanied  by  such  a  reference  on  the  occasion  of  their  official 
publication. Member States shall determine how such reference is to be made. 

2.  Member States shall communicate to the Commission the text of the main provisions of 

national law which they adopt in the field covered by this Directive. 

This Directive shall enter into force on the twentieth day following that of its publication in 
the Official Journal of the European Union. 

Article 4 

This Directive is addressed to the Member States. 

Done at Strasbourg, 

Article 5 

For the European Parliament 
The President 

For the Council 
The President 

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LEGISLATIVE FINANCIAL STATEMENT 

1. 

FRAMEWORK OF THE PROPOSAL/INITIATIVE  

1.1. 

Title of the proposal/initiative 

  Proposal for a directive of the European Parliament and of the Council on Industrial 
Emissions Directive amending the Directive 2010/75/EU of the European Parliament and 
of the Council 

1.2. 

Policy area(s) concerned  

  09 Natural Resources and Environment 

1.3. 

The proposal/initiative relates to:  

 

 

 

 a new action  

 a new action following a pilot project/preparatory action82  

 the extension of an existing action  

   a merger or redirection of one or more actions towards another/a new 

action  

1.4. 

Objective(s) 

1.4.1.  General objective(s) 

  Protecting  the  environment  and  public  health  from  the  adverse  effects  of  pollution 
from large agro-industrial installations. 

  Establishing a competitive level playing field at  a high level of protection of health 
and the environment. 

  Stimulating  a  deep  agro-industrial  transformation  towards  achieving  the  EGD 
objectives,  including  zero  pollution,  carbon  neutrality,  a  non-toxic  environment  and  a 
circular economy. 

Improving  access  to  information  and  justice,  and  increase  public  participation  in 

 
decision-making. 

1.4.2. 

Specific objective(s) 

 

Improving the effectiveness of the IED. 

  Ensuring that the IED supports the uptake of emerging techniques during the ongoing 
industrial transformation also through a more dynamic permitting/ reviewing of permits 
of large installations 

  Fostering 
preventing/reducing pollution and carbon emissions. 

the  uptake  and 

investments 

in 

techniques  synergistically, 

jointly 

82 

As referred to in Article 58(2)(a) or (b) of the Financial Regulation. 

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  Contributing  to  the  transition  towards  the  use  of  safer  and  less  toxic  chemicals, 
improved  resource  efficiency  (energy,  water  and  waste  prevention)  and  greater 
circularity.  

  Addressing  the  harmful  impacts  on  health  and  environment  from  agro-industrial 
activities currently not regulated by the IED. 

 
Improving access of private individuals and civil society to information, participation 
in  decision-making,  and  access  to  justice  (including  effective  redress)  in  relation  to 
permitting, operation and control of the regulated installations. 

1.4.3.  Expected result(s) and impact 

 

Specify  the  effects  which  the  proposal/initiative  should  have  on  the  beneficiaries/groups 
targeted. 

  The  proposed  Directive  will  address  shortcomings  identified  in  the  IED  evaluation 
and will result in a closer alignment with wider EGD policy goals. 

 
It  will  facilitate  a  higher  uptake  of  innovative  depollution  techniques  and  will 
promote resource efficient, circular and zero-carbon production methods, thus enhancing 
the EU’s resilience and reducing harmful impacts on both public health and biodiversity. 
The proposal will also address relevant stakeholder concerns about the current and future 
interactions  between  reducing  emissions  of  pollutants  (depollution)  and  emissions  of 
GHGs  (decarbonisation)  including  policy  coherence  to  maximise  agro-industrial 
installations’  contribution  to  the  EU’s  twin  targets  of  Zero  Pollution  and  Net  Zero 
Carbon emissions. 

  Finally,  the  future  harmonised  and  published  ‘permit  summary’  will  ease  access  to 
information  about  environmental  impact  of  agro-industrial  installations  and  increase 
public participation in decision-making. 

1.4.4. 

Indicators of performance 

 

Specify the indicators for monitoring progress and achievements. 

 
Information  including  overall  emissions  of  pollutants  reported  by  operators  to  the 
European Pollutant Release and Transfer Register (E-PRTR) will provide key indicators 
to  track progress  against the objectives of this initiative. Those indicators are produced 
on  a  regular  basis,  are  comparable  and  easily  accessible  via  the  Industrial  Emission 
Portal managed by the EEA. 

  The increased granularity of reporting of pollutant emission at installation level will 
allow monitoring of the main processes within sectors whose environmental performance 
is improving or is lagging behind. 

  The inclusion of reporting of resource use will allow defining new indicators on use 
of  materials,  water  and  energy,  that  will  enable  tracking  of  resource  efficiency 
improvements. 

  Monitoring of the pace of development and uptake of innovations and the resulting 
required transformation  of  IED sectors for meeting the EU’s 2030 and 2050 objectives 
will be ensured by  a new mechanism managed  by the  INnovation Centre for  Industrial 
Transformation & Emissions (INCITE) via the following indicators: 

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- Technology Readiness Level (TRL) of emerging techniques per sector; 

- Emissions performance of emerging techniques; 

- The anticipated “on the ground” uptake timeline of such technologies; 

- Distance to target indicators, for each IED sector. 

1.5. 

Grounds for the proposal/initiative  

1.5.1.  Requirement(s) to be met in the short or long term including a detailed timeline for 

roll-out of the implementation of the initiative 

  This financial statement will secure funding for the Commission services (ENV and 
JRC)  and  ECHA  to  provide  a  number  of  new  activities,  foreseen  in  the  IED  proposal. 
These activities are of a different nature:  

- one-off activities linked to preparation and negotiation of implementing acts 

- regular tasks, i.e. those coming on top of the currently performed implementation and 
enforcement  obligations  and  stemming  from  a  widened  and  deepened  scope  of  the 
Directive 

- tasks related to setting-up and operating INCITE. 

  Timeline: 

- Q2 2022 – Q4 2023: negotiating the proposal. Due to a complex nature of the proposal 
and a need to liaise with the E-PRTR revision, negotiations may require more resources 
and time than average. 

-  Q2  2024  –  Q4  2027:  kicking-off  and  working  out  new  BREFs  (Best  Available 
Techniques  Reference  Documents).  New  BREFs  stem  from  a  scope  extension  in  the 
proposal. This process is a combination of technical work and stakeholder validation and 
is attributed mainly to the JRC. 

- Q1 2024  –  Q4 2027: BREFs  revisions; additional resources  in  revisions are linked to 
new elements that BREFs will need to cover, such as circular economy, decarbonisation 
and  less  toxic  environment.  This  process  is  a  combination  of  technical  work  and 
stakeholder validation and is attributed mainly to the JRC. 

-  Q1  2024  –  Q4  2027:  kicking-off  and  carrying  out  the  technical  work  to  support  the 
drafting  of  an  implementing  act  on  livestock  farms.  Although  not  a  BREF  per  se,  the 
process to develop the technical content of the implementing act is expected to be similar 
to the BREF process. 

-  Q1  2024  ECHA  to  start  building  a  methodology  to  share  information  on  impacts  on 
human health and the environment of chemicals identified in BREFs. 

-  Q1  2024  -  Q4  2025  –  analytical  work  to  prepare  three  implementing  acts  and  their 
negotiations.  These  acts  will  involve  establishing  a  harmonised  methodology  to  apply 
derogations  (Art  15.4),  common  rules  for  assessing  compliance  with  emission  limit 
values  under  Chapter  II  (Art  15a)  and  the  functioning  of  INCITE.  For  the  latter,  both 
JRC  and  DG  ENV  would  have  a  role  to  play  in  ensuring  full  compliance  with  BREF 
standards, transparency and participatory character of INCITE. 

- Q1 2024 – launch of INCITE. 

-  Q1  2026  -  Q4  2027  –  analytical  and  preparatory  work  before  the  adoption  of  the 
implementing act on transformation plans, then follow-up. This will involve working out 

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a decision on the format and the scope of the implementing act. 

- Q1 2026 – Q4 2027: preparatory work for  the report on synergies with the ETS. The 
report is due in 2028. 

1.5.2.  Added value of Union involvement. 

  Reasons for action at European level (ex-ante) 

  The Member States cannot alone effectively mitigate impacts of pollution from agro-
industrial installations due to pollution’s transboundary character. Furthermore, with the 
absence of a common EU approach for setting environmental performance standards, the 
same industries would face different pollution control regulation in each Member State. 
This may result in  creating an uneven playing field,  fragmenting the single market  and 
impeding the Union’s environmental and health policies. 

  Expected generated Union added value (ex-post)  

  The IED BAT-based system together with the E-PRTR provide information used by 
all  Member  States,  through  a  single  EU  level  information  exchange  process,  replacing 
the need for each Member State to establish national processes. Operators of plants in all 
Member States achieve economic efficiencies by only having to adhere to one EU-wide 
uniform  regulatory  approach.  The  EU  system  is  increasingly  being  used  by  third 
countries, thereby promoting an international level playing field. 

1.5.3.  Lessons learned from similar experiences in the past 

  The IED evaluation concluded that the Directive is generally effective in preventing 
and  controlling  pollution  to  air,  water  and  soil  from  industrial  activities,  as  well  as  in 
pushing  forward  the  incorporation  of  BAT.  The  process  for  producing  BREFs  and 
identifying  BAT  has  worked  well,  and  is  recognised  as  a  model  of  collaborative 
governance  and  co-creation  of  legislation.  There  are  still  shortcomings  in  addressing 
resource  efficiency,  circular  economy  and  non-toxic  production  methods  and  in 
capturing  a  significant  stream  of  industrial  emissions  from  some  sectors  leading  to  a 
market failure: polluters do not pay the true costs of the pollution they cause. Finally, the 
Directive  is  not  efficient  in  promoting  new  production  processes,  technologies  and 
innovation. 

  Between  2017  and  2019,  DG  ENV  tested  a  methodology  to  operate  an  Innovation 
Centre. It followed a 2015 study that examined options for improving innovation uptake 
and  the  exchange  of  information  on  emerging  techniques.  The  overall  objective  of  the 
Innovation Centre was to identify the latest techniques by engaging with a wide range of 
stakeholders, and to assess their degree of development, by using Technology Readiness 
Levels (TRL). The approach has been used on the textiles, slaughterhouses & animal by-
products  BREFs  and  technologies  dealing  with  cross-cutting  issues,  and  proved  to  be 
efficient  and  effective in supporting  BREF revision process. This  proposal  for  INCITE 
builds on Pilots’ conclusions. 

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1.5.4.  Compatibility  with  the  Multiannual  Financial  Framework  and  possible  synergies 

with other appropriate instruments 

 

This  action  is  consistent  with  other  EU  policies  and  ongoing  initiatives  stemming 
from the European Green Deal. 

1.5.5.  Assessment  of  the  different  available  financing  options,  including  scope  for 

redeployment 

  Current situation: 

  All BREFs related activity remains in the hands of the European Integrated Pollution 
Prevention and Control Bureau (EIPPCB, part of the JRC) set up in 1997 to organise an 
information exchange between the European Commission, EU Member States, industry 
and environmental non-governmental organisations on Best Available Techniques (BAT) 
used  to  prevent  and  control  industrial  pollution.  The  Bureau  has  the  know-how, 
knowledge and versatility to run the process smoothly. It ensures that the data is robust, 
the process  not-biased, and information  protected, so the process is  well recognised by 
Member States, environmental NGOs and the industry. 

  Fifteen FTE scientific officers with support from 2.5 FTE for secretariat/IT support 
cover  currently  (March  2022)  the  above  BREFs  related  tasks.  This  allows  continuous 
work on the drawing up and review of a maximum of about eight BREFs simultaneously. 
The  Bureau  is  fully  (100%)  financed  through  the  JRC  institutional  budget  without  any 
contributions from DG ENV (no Administrative Arrangement). 

  As of 2022, the European IPPC Bureau has produced 34 BREFs, most of them have 
been  already  reviewed  and  updated.  Each  BREF  is  the  outcome  of  a  multiannual 
information collection and exchange within ad-hoc sectorial technical working groups of 
more  than  100  experts  each.  Emerging  techniques  chapters/sections  form  part  of  each 
BREF document. 

  DG  ENV  supports  the  European  IPPC  Bureau  in  its  work,  ensures  that  the  IED  is 
implemented and enforced. It also prepares necessary guidelines, implementing acts and 
engages into dialogues with Member States. Seven FTE cover those tasks. 

  As  regards  ECHA,  it  currently  does  not  have  a  legal  mandate  to  perform  any  task 
related to the IED. Nevertheless, in the past few years it has been regularly consulted by 
the  EIPPCB  during  the  review  of  BREFs  and  has  provided  various  inputs  related  to 
chemical  substances  and  chemical  management  approaches  without  clearly  commiting 
resources to cover these BREF related tasks. The co-operation between the EIPPCB and 
ECHA  over  BREF  process  started,  as  a  pilot,  in  2017  for  the  review  of  the  Textiles 
BREF;  its  outcome  was  acknowledged  as  very  positive.  Besides  this,  ECHA  has  been 
involved  in  BREF-related  activities  on  ad-hoc  basis.  ECHA’s  longer-term  involvement 
and support in developing BREFs and BAT is essential for the holistic consideration of 
chemicals in the permits of the IED installations, from their presence in the (primary or 
secondary) raw materials to their presence in the emissions from the installations, as well 
as in the waste and by-products generated.  

  Environmental  Technology  Verification  Programme  (ETV)  currently  verifies  the 
performance  of  innovative  environmental  technologies  of  smaller  size  industrial 
organisations  through  a  network  of  verification  bodies  managed  by  the  European 
Institute  of  Innovation  and  Technology.  So  far,  it  has  not  participated  in  the  BREF 

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process. 

  Best option 

Future extension of the IED scope and of extended scope of BREF documents 

  The  EIPPCB  (part  of  JRC)  has  a  unique  setting  and  collaborates  with  many  policy 
areas.  With  its  expertise,  experience  and  know-how,  the  JRC  is  considered  the  most 
appropriate  to  cover  new  and  extended  tasks  linked  to  BREFs.  The  INnovation  Centre 
for Industrial Transformation & Emissions (INCITE) is a new type of activity that will 
provide  added  value  by  bringing  together  information  from  many  EU  initiatives  on 
innovation. It will also be a meeting point for different policies allowing identification of 
opportunities for increased synergies. Building INCITE within the JRC will benefit from 
efficiency  gains  and  synergies  offered  by  its  proximity  with  the  EIPPCB,  and  its 
involvement  in  BREFs  and  well-established  relations  with  the  industry.  Moreover,  the 
proposal  for  revising  the  IED  embeds  the  concept  of  emerging  techniques  and  their 
associated  emissions  and  environmental  performance 
legal 
implications.  This  brings  about  concerns  about  confidentiality  and  sensitivity  of  data. 
JRC  has  the  experience  to  deal  with  it.  Some  simple  secretarial  and  time-consuming 
tasks 
stakeholders  database  up-to-date,  monitoring  patents/Horizon 
Europe/Innovation Funds databases, tasks related to meetings organisation, publications) 
could be outsourced. 

levels  with  related 

(keeping 

Future extended scope of BREF documents (chemicals) 

  Building on the successful co-operation over textiles BREF, the expertise of ECHA 
makes  it  the  best  equipped  to  process  tasks  related  to  Chemical  Management  System.  
The role of ECHA would be to ensure that: 

- An appropriate identification (and if necessary selection) of relevant substances for 
each  sector/BREF  is  made.  This  will  include  a  characterisation  of  the  uses  of  those 
substances by sectors covered by BREFs including definition of best practices to use the 
safest alternatives on the market. This will improve clarity and consistency of the various 
legislations (IED, REACH, CLP) 

-  The  correct  terminology  is  used  in  the  BREF  processes  (e.g.  substance,  process 

chemical, raw material) 

- The chemicals-related BATs (such as substitution techniques) are technically sound 

-  Background  documents,  for  Kick  off  Meeting  and  final  meeting,  drafted  by  the 

EIPPCB are relevant regarding chemicals issue 

-  Assistance  is  provided  to  the  EIPPCB  to  access  the  information  on  ECHA’s 

database 

-  Assistance  is  provided  to  answer  stakeholders  questions  or  comments  where  a 

chemicals expertise is needed 

  This  integrated  approach  allows  two  aspects  of  the  Chemicals  Strategy  for 
Sustainability  to  be  addressed:  1)  Promoting  safe  and  sustainable-by-design  chemicals 
and  2)  Moving  towards  zero  chemical  pollution  in  the  environment.  As  a  result,  the 
Commission will ensure that the legislation on industrial emissions promotes the use of 
safer  chemicals  by  industry  in  the  EU  by  requiring  on-site  risk  assessments  and  by 
restricting the use of substances of very high concern. 

  Currently  no  other  EU  body  is  capable  to  deal  with  the  complexity  of  such  a  task. 

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The  unique  database  on  chemicals  maintained  by  ECHA  associated  with  the  agency’s 
expertise in mining and extracting information from it makes ECHA the best equipped to 
provide the necessary input to the BREF drafting/review process in terms of substance-
related  information.  Moreover,  the  agency  has  developed  extensive  expertise  and 
knowledge  on  how  to  provide  technical  and  scientific  guidance  to  industry  on  risk 
assessments of chemical substances. This places ECHA in a unique position to provide 
IED  installation  operators  with  guidance  on  how  to  structure  and  manage  a  chemical 
inventory with a view to conduct site level risk assessment while applying the learnings 
on the topics of REACH/IED to facilitate the REACH - IED integration. 

  Options investigated for INCITE: 

- Conclude public procurements with consultants: Although this solution has advantages 
in terms of flexibility, it does not remove from the European Commission the burden to 
engage  into  the  analytical  and  supervisory  work.  The  Commission  needs  a  long-term 
engagement into INCITE in order to produce viable and robust outcomes. This relates to 
the fact that the necessary industrial transformation that the revised IED aims to support 
will  span  through  more  than  one  decade  due  to  its  complexity  and  thevolume  of 
investments.  Moreover,  some  of  the  information  to  be  collected  by  INCITE  will  be 
business sensitive and its success depends on its ability to deal with such information. By 
entrusting  the  work  of  collecting  and  analysing  data  on  emerging  techniques  to  a 
consultant,  the  Commission  would  be  in  a  delicate  situation  with  regard  to  the  two 
crucial issues mentioned above, as neither the long-term involvement nor the acceptance 
from stakeholders would be guaranteed. 

-  ETV  –  (within  the  European  Institute  of  Innovation  and  Technology,  EIT)  has  the 
capability  to  administer  a  verification  process,  nevertheless,  a  limited  experience  in 
pollution monitoring and abatement, and cleaner production processes; the ETV relies on 
competences of verification bodies, and the Commission has limited means to guide such 
work.  Recent  evaluation  of  ETV  showed  that  the  uptake  of  the  scheme  is  limited  and 
therefore  the  system  has  not  yet  built  a  wide  recognition  across  the  industrial  sectors 
which is essential for the success of the BREF process. Due to ETV’s governance design 
(several  verification  bodies)  it  may  be  complicated  to  set  up  a  fixed  procedure  or 
structured communication approach that facilitates the information transfer between the 
EU ETV and BREF TGW and to ensure its quality. 

-  European  Environment  Agency  (EEA)  –  is  highly  specialised  in  providing  sound, 
independent  information  on  the  environment  (including  costs  of  pollution)  and  its 
knowledge of industrial technologies and processes will need to be broadened to catch up 
with  the  and  it  will  take  time.  This  would  be  a  task  of  different  nature  than  those 
established in the EEA Regulation. 

- DG ENV – will need to build capacity and to engage an external support to cope with 
the complexity of the task. The latter brings in similar challenges as described in the first 
bullet.  

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1.6. 

Duration and financial impact of the proposal/initiative 

 

 limited duration  

 in effect from [DD/MM]YYYY to [DD/MM]YYYY  

 Financial impact from YYYY to YYYY for commitment appropriations and from 

YYYY to YYYY for payment appropriations.  

 

 unlimited duration 

Implementation with a start-up period from 2024, 

followed by full-scale operation. 

1.7.  Management mode(s) planned83  

 

 Direct management by the Commission 

 

 

 by its departments, including by its staff in the Union delegations;  

 by the executive agencies  

 Shared management with the Member States  

Indirect management by entrusting budget implementation tasks to: 

 third countries or the bodies they have designated; 

 international organisations and their agencies (to be specified); 

 the EIB and the European Investment Fund; 

 bodies referred to in Articles 70 and 71 of the Financial Regulation; 

 public law bodies; 

  bodies  governed  by  private  law  with  a  public  service  mission  to  the  extent  that 

they provide adequate financial guarantees; 

 bodies governed by the private law of a Member State that are entrusted with the 
implementation of a public-private partnership and that provide adequate financial 
guarantees; 

  persons  entrusted  with  the  implementation  of  specific  actions  in  the  CFSP 

pursuant to Title V of the TEU, and identified in the relevant basic act. 

If more than one management mode is indicated, please provide details in the ‘Comments’ section. 

2. 

MANAGEMENT MEASURES  

2.1.  Monitoring and reporting rules  

 

 

83 

Specify frequency and conditions. 

The  initiative  involves  procurement,  administrative  arrangment  with  the  JRC, 
increase  of  the  contribution  to  the  ECHA  and  impact  on  the  COM  HR.  Standard 
rules for this type of expenditure apply. 

Details of management modes and references to the Financial Regulation may be found on the 
BudgWeb site: 
https://myintracomm.ec.europa.eu/budgweb/EN/man/budgmanag/Pages/budgmanag.aspx  

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2.2.  Management and control system(s)  

2.2.1. 

Justification of the management mode(s), the funding implementation mechanism(s), 
the payment modalities and the control strategy proposed 

  N/A – cf. above 

2.2.2. 

Information concerning the risks identified and the internal control system(s) set up 
to mitigate them 

  N/A – cf. above 

2.2.3.  Estimation and justification of the cost-effectiveness of the controls (ratio of "control 
costs ÷ value of the related funds managed"), and assessment of the expected levels 
of risk of error (at payment & at closure)  

  N/A – cf. above 

2.3.  Measures to prevent fraud and irregularities  

 

Specify existing or envisaged prevention and protection measures, e.g. from the Anti-Fraud Strategy. 

  N/A – cf. above 

3. 

3.1. 

ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE  

Heading(s)  of  the  multiannual  financial  framework  and  expenditure  budget 
line(s) affected  

Existing budget lines  

 

In order of multiannual financial framework headings and budget lines. 

Budget line 

Heading 
of 
multiannu
al 
financial 
framework 

Number  

Type of  
expenditur
e 

Diff./Non-
diff.84 

Contribution  

from 
EFTA 
countries
85 

from 
candidate 
countries
86 

from 
third 
countries 

within the meaning of 
Article 21(2)(b) of the 
Financial Regulation  

3 

3 

7 

7 

84 
85 
86 

09.10.01 – European Chemicals 
Agency 

09.02.02 – Circular economy and 
quality of life 

20.01.02.01 –Remuneration and 
allowances (statutory staff) 

20 02 01 01 - Contract staff  

Diff. 

YES 

NO 

NO 

Diff. 

YES 

NO 

NO 

Non-
diff. 

Non-
diff. 

NO 

NO 

NO 

NO 

NO 

NO 

NO 

NO 

NO 

NO 

Diff. = Differentiated appropriations / Non-diff. = Non-differentiated appropriations. 
EFTA: European Free Trade Association.  
Candidate countries and, where applicable, potential candidates from the Western Balkans. 

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3.2. 

Estimated financial impact of the proposal on appropriations  

3.2.1. 

Summary of estimated impact on operational appropriations  

 The proposal/initiative does not require the use of operational appropriations  

 The proposal/initiative requires the use of operational appropriations, as explained below: 

Heading of multiannual financial  
framework  

Number  Heading 3 – Natural resources and environment 

EUR million (to three decimal places) 

DG: ENV 

Year 
2024 

Year 
2025 

Year 
2026 

Year 
2027 
and 
beyond 

TOTAL 

 Operational appropriations  

Budget  line  09  02  02  Circular  economy 
and quality of life 

Budget  line  09  02  02  Circular  economy 
and  quality  of 
-  administrative 
life 
arrangement with JRC 

Commitments 

Payments 

Commitments 

Payments 

(1a) 

(2a) 

(1b) 

(2b) 

0.645 

0.645 

0.445 

0.445 

0.645 

0.645 

0.445 

0.445 

1.424 

1.470 

1.567 

1.618 

1.424 

1.470 

1.567 

1.618 

Appropriations  of  an  administrative  nature  financed  from  the 
envelope of specific programmes87  
Budget line 

(3) 

TOTAL appropriations 
for DG ENV 

Commitments 

Payments 

=1a+1b 
+3 

=2a+2b 

2.069 

2.115 

2.012 

2.063 

2.069 

2.115 

2.012 

2.063 

2.180 

2.180 

6.079 

6.079 

8.259 

8.259 

87 

Technical and/or administrative assistance and expenditure in support of the implementation of EU programmes and/or actions (former ‘BA’ lines), indirect research, direct research. 

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+3 

DG  ENV  costs  stem  from  procurement  needs  to  finance  supporting  analyses  for  new  BREFs  and  BREFs  revisions,  to  support  developing 
methodologies for implementing acts (Art 15.4 – procurement for a methodology to apply derogations, art 14.1 – procurement for common rules 
to assess compliance, Art 27d – transformation plans), to monitor and support implementation and compliance (Art 27a –to take stock/analyse 
results and Art 73 – report on synergies with ETS); 

DG ENV will also bear the costs of the Administrative Arrangement (AA) to be signed with the JRC. This AA will allow for the setting up and 
efficient  functioning  of  the  INnovation  Centre  for  Industrial  Transformation  &  Emissions  (INCITE)  and  the  extension  of  the  activities  of  the 
EIPPCB (especially the drawing up of new BREFs), which will lead to implementing measures put forward in the IED proposal. Those costs will 
cover 10 new FTE (10 contract agents – GF IV at the cost of EUR 5.079 million) to be employed by the JRC (staff costs takes into account JRC 
overheads)  –  this  staff  will  cover  new  tasks  that  result  from  the  IED  revision  and  in  particular  those  linked  to  the  IED  extended  scope,  a 
broadened scope of BREFs, ensuring INCITE functionality (data collection, analysis, running the Secretariat, publications, etc.). 

The AA will also include specific credits to cover costs stemming from e.g. organising formal stakeholder meetings and workshops in the course 
of the work for drawing up the BREFs for the new sectors (estimated at  EUR 0.200 million between 2024-2027), procurement needs for data 
analysis while preparing BREFs and reports on emerging techniques (at EUR 0.400 million between 2024-2027) and procuring new IT systems 
to support the new INnovation Centre for Industrial Transformation & Emissions (INCITE)  – estimated at EUR 0.400 million in the analysed 
period. 

Agency: ECHA 

Year 
2024 

Year 
2025 

Year 
2026 

Year 
2027 

TOTAL 

Title 1: Staff expenditure 

Title 2: Infrastructure 

Title 3: Operational expenditure 

Commitments 

Payments 

Commitments 

Payments 

Commitments 

Payments 

(1a) 

(2a) 

(1a) 

(2a) 

(1b) 

(2b) 

0.570 
0.570 
0,050 
0,050 

0.581 
0.581 
0,050 
0,050 

0.593 
0.593 
0,050 
0,050 

0.605 
0.605 
0,050 
0,050 

2.349 
2.349 
0.200 
0.200 

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TOTAL appropriations 
for ECHA 

Commitments 

Payments 

=1a+1b 
+3 

=2a+2b 

+3 

0.620 

0.631 

0.643 

0.655 

0.620 

0.631 

0.643 

0.655 

2.549 

2.549 

ECHA costs include cost of new 3 FTE, who  

 

 

will do the data mining of ECHA databases and generate a list of hazardous substances potentially used in BREF sectors; extract 
substance-related  information  (regulatory  status,  classification,  substance  identity),  characterise  the  uses  of  those  substances  by 
sectors covered by BREFs including definition of best practices to use the safest alternatives on the market, and provide technical 
support to BREF revisions (TWG meetings, review, other technical inputs) – 2 FTE 

Develop guiding principles for the Chemicals Management System focussing on data structure for a site inventory of chemicals 
(substances and mixtures) associated with further development of a site-level risk assessment methodology and contribute to the 
development of guiding principles on how to conduct a comparative risk assessment between the substances an operator uses for 
his processes/products and potential alternatives - 1 FTE 

The  required  increase  of  the  EU  contribution  to  ECHA  will  be  compensated  by  a  corresponding  reduction  in  the  envelope  of  the  LIFE 
programme (budget line 09.0202 - Circular economy and quality of life). 

 TOTAL operational appropriations  

Commitments 

Payments 

  TOTAL  appropriations  of  an  administrative  nature 
financed from the envelope for specific programmes  

(4) 

(5) 

(6) 

TOTAL appropriations  

Commitments 

=4+ 6 

2024 

2.689 

2.689 

2025 

2.746 

2.746 

2026 

2.655 

2.655 

2027 

2.718 

2.718 

Total 

10.808 
10.808 

10.808 

EN 

65 

EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
under HEADING 3 
of the multiannual financial framework 

Payments 

=5+ 6 

1.777 

1.777 

1.577 

1.577 

10.808 

Heading of multiannual financial  
framework  

Number  Heading 7 – European Public Administration 

DG: ENV 

 Human resources  

TOTAL DG ENV 

Appropriations  

TOTAL appropriations  
under HEADING 7 
of the multiannual financial framework 

Commitments 

Payments 

Year 
2024 

Year 
2025 

Year 
2026 

Year 
2027 

TOTAL 

EUR million (to three decimal places) 

0.560 

0.560 

0.560 

0.560 

0.560 

0.560 

0.560 

0.560 

Year 
2024 

Year 
2025 

Year 
2026 

Year 
2027 

0.560 

0.560 

0.560 

0.560 

0.560 

0.560 

0.560 

0.560 

TOTAL 

2.240 

2.240 

2.240 

2.240 

DG ENV additional staff (3 AD, 1 CA) will: 

– 

Prepare and lead to adoption of new Commission implementing acts. 

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66 

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– 

– 

– 

– 

– 

– 

Sustain a dialogue with Member States and JRC-EIPPCB. 

Prepare and implement rules concerning the establishment, prerogatives and functioning of INCITE and contribute to its work.  

Provide necessary input to the JRC and ECHA when requested and with regard to ongoing political and legislative developments 

Identify  and  develop  synergies  with  the  ETS  in  order  to  improve  the  overall  performance  of  agro-industrial  installations  and  draft  a 
report on the outcomes. 

Analyse every year the data collected to: 

 

 

Ensure the policy objectives are met (implementation, enforcement) 

Identify potential improvement for managing industrial emissions prevention and control 

Fulfil ongoing tasks related to the broadened scope of the IED and BREFs, including attending Technical Working Groups meetings in 
Sevilla, interaction with stakeholders and other relevant Commission services, and support  Member States in transposing, implementing 
and complying with the new IED regime. 

3.2.2.  Estimated output funded with operational appropriations -  

Year 
2024 

Year 
2025 

Year 
2026 

Year 
2027 

OUTPUTS 

Commitment appropriations in EUR million (to three decimal places) 

Enter as many years as necessary to show the 
duration of the impact (see point 1.6) 

TOTAL 

o
N

Cost 

o
N

Cost 

o
N

Cost 

o
N

Cost 

o
N

Cost  N

o

Cost 

o
N

Cost 

Total 
No 

Total 
cost 

Indicate 
objectives and 
outputs  

 

Type
88 

Avera
ge 
cost 

SPECIFIC OBJECTIVE No 189… 

- Output 

88 
89 

Outputs are products and services to be supplied (e.g.: number of student exchanges financed, number of km of roads built, etc.). 
As described in point 1.4.2. ‘Specific objective(s)…’  

EN 

67 

EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
- Output 

- Output 

Subtotal for specific objective No 1 

SPECIFIC OBJECTIVE No 2 ... 

- Output 

Subtotal for specific objective No 2 

TOTALS 

EN 

68 

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3.2.3.  Estimated impact on ECHA resources 

 The  proposal/initiative  does  not  require  the  use  of  appropriations  of  an 

administrative nature  

 The  proposal/initiative  requires  the  use  of  appropriations  of  an  administrative 

nature, as explained below: 

EUR million (to three decimal places) 

Year 
2024 

Year 
2025 

Year 
2026 

Year 
2027 

TOTAL 

Temporary agents (AD 
Grades) 

Temporary 
(AST grades) 

agents 

Contract staff 

Seconded National 
Experts 

0.570 

0.581 

0.593 

0.605 

2.349 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

TOTAL 

0.570 

0.581 

0.593 

0.605 

2.349 

Staff requirements (FTE): 

Year 
2024 

Year 
2025 

Year 
2026 

Year 
2027 

TOTAL 

Temporary agents (AD 
Grades) 

Temporary 
(AST grades) 

agents 

Contract staff 

Seconded National 
Experts 

TOTAL 

3 

0 

0 

0 

3 

3 

0 

0 

0 

3 

3 

0 

0 

0 

3 

3 

0 

0 

0 

3/year 

0 

0 

0 

3 

3/year 

ECHA  additional  staff  will  support  the  implementation  of  the  Environmental  Management 
Systems. In particular, it will develop guiding principles for Chemicals Management System, 
ensure  identification  and  selection  of  relevant  substances  for  each  sector/BREF,  the 

EN 

69 

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development  of  sector-specific  good  practices  for  the  use  of  the  safest  substances  on  the 
market, then the application of a correct terminology in the BREF processes (e.g. substance, 
process  chemical,  and  raw  material).  It  will  see  to  the  overall  robustness  of  the  chemicals-
related  BATs  (in  terms  of  substitution  techniques  for  example),  prepare  background 
documents, for BREF Kick off Meetings and final meeting, drafted by the EIPPCB that are 
relevant regarding chemicals issue. Finally, it will assist the EIPPCB in accessing information 
on ECHA’s database and to stakeholders’ questions or comments where a chemicals expertise 
is needed. 

A 118.6 correction coefficient was used (co-efficient for the cost of living in Finland), as well 
as a 2% inflationary increase.  

3.2.3.1.  Estimated requirements of human resources in the Commission 

 The proposal/initiative does not require the use of human resources.  

 The proposal/initiative requires the use of human resources, as explained below: 

Estimate to be expressed in full time equivalent units 

 

 

 

 

Establishment plan posts (officials and temporary staff) 

DG ENV - 20 01 02 01 (Headquarters and Commission’s 
Representation Offices) 

 External staff (in Full Time Equivalent unit: FTE)

90

DG  ENV 20 02 01 (AC, END, INT from the ‘global envelope’) 

  TOTAL 

Year 
2024 

Year 
2025 

Year 
2026 

Year 
2027 
and 
beyon
d 

3 

3 

3 

1 

4 

1 

4 

1 

4 

4 

3 

1 

The appropriations required for human resources and other expenditure of an administrative 
nature will be met by appropriations from the DG that are already assigned to management of 
the  action  and/or  have  been  redeployed  within  the  DG,  together  if  necessary  with  any 
additional allocation which may be granted to the managing DG under the annual allocation 
procedure and in light of budgetary constraints. 

3.2.4.  Compatibility with the current multiannual financial framework  

 

The proposal/initiative: 

 can  be  fully  financed  through  redeployment  within  the  relevant  heading  of  the 

Multiannual Financial Framework (MFF). 

  The  LIFE  envelope  will  be  used  to  cover  the  expenditure  incurred  by  DG  ENV  and  to  offset  the 
increase of the ECHA subsidy.  

90 

AC=  Contract  Staff;  AL  =  Local  Staff;  END=  Seconded  National  Expert;  INT  =  agency  staff; 
JPD= Junior Professionals in Delegations.  

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 requires  use  of  the  unallocated  margin  under  the  relevant  heading  of  the  MFF 

and/or use of the special instruments as defined in the MFF Regulation. 

 requires a revision of the MFF. 

3.2.5.  Third-party contributions  

 

The proposal/initiative does not provide for co-financing by third parties. 

3.3. 

Estimated impact on revenue  

The proposal/initiative has no financial impact on revenue. 

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