Article 1 Subject matter
This Directive lays down rules on integrated prevention and control of pollution arising from industrial activities. 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 the environment taken as a whole.
Amendment rationale: 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 evaluation 2 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 Deal 3 (EGD) to revise EU measures to address pollution from large agro-industrial installations. Moreover, the Union is committed to the 2030 Agenda for Sustainable Development 4 and its Sustainable Development Goals 5. 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. 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; ii. 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; iii. clarify and simplify the legislation and reduce administrative burden while promoting consistency of implementation by the Member States; iv. 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; v. support the transition towards the use of safer and less toxic chemicals, improved resource efficiency (energy, water and waste prevention) and greater circularity; vi. 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; vii. 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 Council 6 and the European Parliament 7, 8, 9 welcomed the revision of the IED and expressed their expectations that this revision should address pollutant emissions into the air from industrial and agricultural activities and contribute to the circular economy, including by promoting water reuse in industry 10, 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 Europe 12. 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 masterplan 13 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.’
Revised version (Article 1 Subject matter):
This Directive lays down rules on integrated prevention and control of pollution arising from industrial activities. It also lays down rules designed to prevent or, where that is not practicable, to continuously reduce emissions into air, water and land, to prevent the generation of waste, improve resource efficiency, and to promote the circular economy and decarbonisation, in order to achieve a high level of protection of human health and the environment taken as a whole.
Article 2 Scope
1. This Directive shall apply to the industrial activities giving rise to pollution referred to in Chapters II to VI. 2. This Directive shall not apply to research activities, development activities or the testing of new products and processes.
Article 3 Definitions
For the purposes of this Directive the following definitions shall apply: (2) ‘pollution’ means the direct or indirect introduction, as a result of human activity, of substances, vibrations, heat or noise into air, water or land which may be harmful to human health or the quality of the environment, result in damage to material property, or impair or interfere with amenities and other legitimate uses of the environment; (3) ‘installation’ means a stationary technical unit within which one or more activities listed in Annex I 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; (4) ‘emission’ means the direct or indirect release of substances, vibrations, heat or noise from individual or diffuse sources in the installation into air, water or land; (5) ‘emission limit value’ means the mass, expressed in terms of certain specific parameters, concentration and/or level of an emission, which may not be exceeded during one or more periods of time; (6) ‘environmental quality standard’ means the set of requirements which must be fulfilled at a given time by a given environment or particular part thereof, as set out in Union law; (7) ‘permit’ means a written authorisation to operate all or part of an installation or combustion plant, waste incineration plant or waste co-incineration plant; (8) ‘general binding rules’ means emission limit values or other conditions, at least at sector level, that are adopted with the intention of being used directly to set permit conditions; (9) ‘substantial change’ means a change in the nature or functioning, or an extension, of an installation or combustion plant, waste incineration plant or waste co-incineration plant which may have significant negative effects on human health or the environment; (11) ‘BAT reference document’ means a document, resulting from the exchange of information organised pursuant to Article 13, drawn up for defined activities and describing, in particular, applied techniques, present emissions and consumption levels, techniques considered for the determination of best available techniques as well as BAT conclusions and any emerging techniques, giving special consideration to the criteria listed in Annex III; (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 emission levels associated with the best available techniques, associated monitoring, associated consumption levels and, where appropriate, relevant site remediation measures; (13) ‘emission levels associated with the best available techniques’ means the range of emission levels obtained under normal operating conditions using a best available technique or a combination of best available techniques, as described in BAT conclusions, expressed as an average over a given period of time, under specified reference conditions; (14) ‘emerging technique’ means a novel technique for an industrial activity that, if commercially developed, could provide either a higher general level of protection of the environment or at least the same level of protection of the environment and higher cost savings than existing best available techniques; (15) ‘operator’ means any natural or legal person who operates or controls in whole or in part the installation or combustion plant, waste incineration plant or waste co-incineration plant or, where this is provided for in national law, to whom decisive economic power over the technical functioning of the installation or plant has been delegated; (16) ‘the public’ means one or more natural or legal persons and, in accordance with national law or practice, their associations, organisations or groups; (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 environmental protection and meeting any requirements under national law shall be deemed to have an interest; (18) ‘hazardous substances’ means substances or mixtures as defined in Article 3 of Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures ( 23 ); (19) ‘baseline report’ means information on the state of soil and groundwater contamination by relevant hazardous substances; (20) ‘groundwater’ means groundwater as defined in point 2 of Article 2 of 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 ( 24 ); (21) ‘soil’ means the top layer of the Earth’s crust situated between the bedrock and the surface. The soil is composed of mineral particles, organic matter, water, air and living organisms; (22) ‘environmental inspection’ means all actions, including site visits, monitoring of emissions and checks of internal reports and follow-up documents, verification of self-monitoring, checking of the techniques used and adequacy of the environment management of the installation, undertaken by or on behalf of the competent authority to check and promote compliance of installations with their permit conditions and, where necessary, to monitor their environmental impact; (23) ‘poultry’ means poultry as defined in point 1 of Article 2 of Council Directive 90/539/EEC of 15 October 1990 on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs ( 25 ); (24) ‘fuel’ means any solid, liquid or gaseous combustible material; (25) ‘combustion plant’ means any technical apparatus in which fuels are oxidised in order to use the heat thus generated; (26) ‘stack’ means a structure containing one or more flues providing a passage for waste gases in order to discharge them into the air; (27) ‘operating hours’ means the time, expressed in hours, during which a combustion plant, in whole or in part, is operating and discharging emissions into the air, excluding start-up and shut-down periods; (28) ‘rate of desulphurisation’ means the ratio over a given period of time of the quantity of sulphur which is not emitted into air by a combustion plant to the quantity of sulphur contained in the solid fuel which is introduced into the combustion plant facilities and which is used in the plant over the same period of time; (29) ‘indigenous solid fuel’ means a naturally occurring solid fuel fired in a combustion plant specifically designed for that fuel and extracted locally; (30) ‘determinative fuel’ means the fuel which, amongst all fuels used in a multi-fuel firing combustion plant using the distillation and conversion residues from the refining of crude-oil for own consumption, alone or with other fuels, has the highest emission limit value as set out in Part 1 of Annex V, or, in the case of several fuels having the same emission limit value, the fuel having the highest thermal input amongst those fuels; (32) ‘multi-fuel firing combustion plant’ means any combustion plant which may be fired simultaneously or alternately by two or more types of fuel; (33) ‘gas turbine’ means any rotating machine which converts thermal energy into mechanical work, consisting mainly of a compressor, a thermal device in which fuel is oxidised in order to heat the working fluid, and a turbine; (34) ‘gas engine’ means an internal combustion engine which operates according to the Otto cycle and uses spark ignition or, in case of dual fuel engines, compression ignition to burn fuel; (35) ‘diesel engine’ means an internal combustion engine which operates according to the diesel cycle and uses compression ignition to burn fuel; (36) ‘small isolated system’ means a small isolated system as defined in point 26 of Article 2 of Directive 2003/54/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in electricity ( 26 ); (37) ‘waste’ means waste as defined in point 1 of Article 3 of Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste ( 27 ); (38) ‘hazardous waste’ means hazardous waste as defined in point 2 of Article 3 of Directive 2008/98/EC; (39) ‘mixed municipal waste’ means waste from households as well as commercial, industrial and institutional waste which, because of its nature and composition, is similar to waste from households, but excluding fractions indicated under heading 20 01 of the Annex to Decision 2000/532/EC ( 28 ) that are collected separately at source and excluding the other waste indicated under heading 20 02 of that Annex; (40) ‘waste incineration plant’ means any stationary or mobile technical unit and equipment dedicated to the thermal treatment of waste, with or without recovery of the combustion heat generated, through the incineration by oxidation of waste as well as other thermal treatment processes, such as pyrolysis, gasification or plasma process, if the substances resulting from the treatment are subsequently incinerated; (41) ‘waste co-incineration plant’ means any stationary or mobile technical unit whose main purpose is the generation of energy or production of material products and which uses waste as a regular or additional fuel or in which waste is thermally treated for the purpose of disposal through the incineration by oxidation of waste as well as other thermal treatment processes, such as pyrolysis, gasification or plasma process, if the substances resulting from the treatment are subsequently incinerated; (42) ‘nominal capacity’ means the sum of the incineration capacities of the furnaces of which a waste incineration plant or a waste co-incineration plant is composed, as specified by the constructor and confirmed by the operator, with due account being taken of the calorific value of the waste, expressed as the quantity of waste incinerated per hour; (43) ‘dioxins and furans’ means all polychlorinated dibenzo-p-dioxins and dibenzofurans listed in Part 2 of Annex VI; (44) ‘organic compound’ means any compound containing at least the element carbon and one or more of hydrogen, halogens, oxygen, sulphur, phosphorus, silicon or nitrogen, with the exception of carbon oxides and inorganic carbonates and bicarbonates; (45) ‘volatile organic compound’ means any organic compound as well as the fraction of creosote, having at 293,15 K a vapour pressure of 0,01 kPa or more, or having a corresponding volatility under the particular conditions of use; (47) ‘coating’ means coating as defined in point 8 of Article 2 of Directive 2004/42/EC of the European Parliament and of the Council of 21 April 2004 on the limitation of emissions of volatile organic compounds due to the use of organic solvents in certain paints and varnishes and vehicle refinishing products ( 29 ).
Amendment rationale: 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 evaluation 2 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 Deal 3 (EGD) to revise EU measures to address pollution from large agro-industrial installations. Moreover, the Union is committed to the 2030 Agenda for Sustainable Development 4 and its Sustainable Development Goals 5. 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. 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; ii. 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; iii. clarify and simplify the legislation and reduce administrative burden while promoting consistency of implementation by the Member States; iv. 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; v. support the transition towards the use of safer and less toxic chemicals, improved resource efficiency (energy, water and waste prevention) and greater circularity; vi. 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; vii. 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 Council 6 and the European Parliament 7, 8, 9 welcomed the revision of the IED and expressed their expectations that this revision should address pollutant emissions into the air from industrial and agricultural activities and contribute to the circular economy, including by promoting water reuse in industry 10, 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 Europe 12. 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 masterplan 13 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.’
Revised version (Article 3 Definitions):
For the purposes of this Directive the following definitions shall apply: (2) ‘pollution’ means the direct or indirect introduction, as a result of human activity, of substances, vibrations, heat, noise or odours into air, water or land, which can be harmful to human health or the quality of the environment, result in damage to material property, or impair or interfere with amenities and other legitimate uses of the environment; (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; (4) ‘emission’ means the direct or indirect release of substances, vibrations, heat or noise from individual or diffuse sources in the installation into air, water or land; (5) ‘emission limit value’ means the mass, expressed in terms of certain specific parameters, concentration and/or level of an emission, which may not be exceeded during one or more periods of time; (5a) ‘environmental performance limit value’ means a performance value included in a permit, expressed for specified conditions in terms of certain specific parameters; (6) ‘environmental quality standard’ means the set of requirements which must be fulfilled at a given time by a given environment or particular part thereof, as set out in Union law; (7) ‘permit’ means a written authorisation to operate all or part of an installation or combustion plant, waste incineration plant or waste co-incineration plant; (8) ‘general binding rules’ means emission limit values or other conditions, at least at sector level, that are adopted with the intention of being used directly to set permit conditions; (9) ‘substantial change’ means a change in the nature or functioning, or an extension, of an installation or combustion plant, waste incineration plant or waste co-incineration plant which may have significant negative effects on human health or the environment; (9a) ‘deep industrial transformation’ means the implementation by industrial operators of emerging techniques or best available techniques involving a major change in the design or technology of all or part of an installation or the replacement of an existing installation by a new installation, which allows an extremely substantial reduction of emissions of greenhouse gases in line with the objective of climate neutrality and optimises environmental co-benefits, at least to the levels that can be achieved by techniques identified in the applicable BAT conclusions, taking into account cross-media effects; (11) ‘BAT reference document’ means a document, resulting from the exchange of information organised pursuant to Article 13, drawn up for defined activities and describing, in particular, applied techniques, present emissions and consumption levels, techniques considered for the determination of best available techniques as well as BAT conclusions and any emerging techniques, giving special consideration to the criteria listed in Annex III; (12) ‘BAT conclusions’ means a document containing the parts of a BAT reference document laying down the conclusions on best available techniques and emerging techniques, their description, information to assess their applicability, the emission levels associated with those techniques, the environmental performance levels associated with those techniques, the content of an environmental management system including benchmarks, associated monitoring, associated consumption levels and, where appropriate, relevant site remediation measures; (12a) ‘operating rules’ means the rules included in permits or general binding rules for the operation of activities referred to in Annex Ia, setting out the emission limit values, the environmental performance limit values, associated monitoring requirements, and, where relevant, land spreading practices, pollution prevention and mitigation practices, nutritional management, feed preparation, housing, manure management, including collection, storage, processing and land spreading of manure, and storage of dead animals, and which are consistent with the use of best available techniques; (13) ‘emission levels associated with the best available techniques’ means the range of emission levels obtained under normal operating conditions using a best available technique or a combination of best available techniques, as described in BAT conclusions, expressed as an average over a given period of time, under specified reference conditions; (13a) ‘environmental performance levels associated with the best available techniques’ means the range of environmental performance levels, obtained under normal operating conditions using a BAT or a combination of BATs; as described in BAT conclusions; (13aa) ‘environmental performance’ means the performance with regard to consumption levels, resource efficiency concerning materials, water and energy resources, the reuse of materials and water, and to waste generation; (13b) ‘benchmarks’ means the indicative range of environmental performance levels associated with best available techniques, which is to be used as a reference in the EMS; (14) ‘emerging technique’ means a novel technique for an industrial activity that, if commercially developed, could provide either a higher general level of protection of human health and the environment or at least the same level of protection of human health and the environment and higher cost savings than existing best available techniques; (15) ‘operator’ means any natural or legal person who operates or controls in whole or in part the installation or combustion plant, waste incineration plant or waste co-incineration plant or, where this is provided for in national law, to whom decisive economic power over the technical functioning of the installation or plant has been delegated; (16) ‘the public’ means one or more natural or legal persons and, in accordance with national law or practice, their associations, organisations or groups; (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 human health or the environment and meeting any requirements under national law shall be deemed to have an interest; (18) ‘hazardous substances’ means substances or mixtures as defined in Article 3 of Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures ( 4 ); (19) ‘baseline report’ means information on the state of soil and groundwater contamination by relevant hazardous substances; (20) ‘groundwater’ means groundwater as defined in point 2 of Article 2 of 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 ( 5 ); (21) ‘soil’ means the top layer of the Earth’s crust situated between the bedrock and the surface. The soil is composed of mineral particles, organic matter, water, air and living organisms; (22) ‘environmental inspection’ means all actions, including site visits, monitoring of emissions and checks of internal reports and follow-up documents, verification of self-monitoring, checking of the techniques used and adequacy of the environment management of the installation, undertaken by or on behalf of the competent authority to check and promote compliance of installations with their permit conditions and, where necessary, to monitor their environmental impact; (23) ‘poultry’ means poultry as defined in Article 4, point 9, of Regulation (EU) 2016/429 of the European Parliament and of the Council ( 6 ); (23a) ‘pigs’ means pigs as defined in Article 2 of Council Directive 2008/120/EC ( 7 ); (23b) ‘livestock unit’ means a standard measurement unit that allows for the aggregation of the various categories of livestock in order for them to be compared, and is calculated by using the coefficients for individual livestock categories listed in Annex Ia; (24) ‘fuel’ means any solid, liquid or gaseous combustible material; (25) ‘combustion plant’ means any technical apparatus in which fuels are oxidised in order to use the heat thus generated; (26) ‘stack’ means a structure containing one or more flues providing a passage for waste gases in order to discharge them into the air; (27) ‘operating hours’ means the time, expressed in hours, during which a combustion plant, in whole or in part, is operating and discharging emissions into the air, excluding start-up and shut-down periods; (28) ‘rate of desulphurisation’ means the ratio over a given period of time of the quantity of sulphur which is not emitted into air by a combustion plant to the quantity of sulphur contained in the solid fuel which is introduced into the combustion plant facilities and which is used in the plant over the same period of time; (29) ‘indigenous solid fuel’ means a naturally occurring solid fuel fired in a combustion plant specifically designed for that fuel and extracted locally; (30) ‘determinative fuel’ means the fuel which, amongst all fuels used in a multi-fuel firing combustion plant using the distillation and conversion residues from the refining of crude-oil for own consumption, alone or with other fuels, has the highest emission limit value as set out in Part 1 of Annex V, or, in the case of several fuels having the same emission limit value, the fuel having the highest thermal input amongst those fuels; (32) ‘multi-fuel firing combustion plant’ means any combustion plant which may be fired simultaneously or alternately by two or more types of fuel; (33) ‘gas turbine’ means any rotating machine which converts thermal energy into mechanical work, consisting mainly of a compressor, a thermal device in which fuel is oxidised in order to heat the working fluid, and a turbine; (34) ‘gas engine’ means an internal combustion engine which operates according to the Otto cycle and uses spark ignition or, in case of dual fuel engines, compression ignition to burn fuel; (35) ‘diesel engine’ means an internal combustion engine which operates according to the diesel cycle and uses compression ignition to burn fuel; (36) ‘small isolated system’ means a small isolated system as defined in point 26 of Article 2 of Directive 2003/54/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in electricity ( 8 ); (37) ‘waste’ means waste as defined in point 1 of Article 3 of Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste ( 9 ); (38) ‘hazardous waste’ means hazardous waste as defined in point 2 of Article 3 of Directive 2008/98/EC; (39) ‘mixed municipal waste’ means waste from households as well as commercial, industrial and institutional waste which, because of its nature and composition, is similar to waste from households, but excluding fractions indicated under heading 20 01 of the Annex to Decision 2000/532/EC ( 10 ) that are collected separately at source and excluding the other waste indicated under heading 20 02 of that Annex; (40) ‘waste incineration plant’ means any stationary or mobile technical unit and equipment dedicated to the thermal treatment of waste, with or without recovery of the combustion heat generated, through the incineration by oxidation of waste as well as other thermal treatment processes, such as pyrolysis, gasification or plasma process, if the substances resulting from the treatment are subsequently incinerated; (41) ‘waste co-incineration plant’ means any stationary or mobile technical unit whose main purpose is the generation of energy or production of material products and which uses waste as a regular or additional fuel or in which waste is thermally treated for the purpose of disposal through the incineration by oxidation of waste as well as other thermal treatment processes, such as pyrolysis, gasification or plasma process, if the substances resulting from the treatment are subsequently incinerated; (42) ‘nominal capacity’ means the sum of the incineration capacities of the furnaces of which a waste incineration plant or a waste co-incineration plant is composed, as specified by the constructor and confirmed by the operator, with due account being taken of the calorific value of the waste, expressed as the quantity of waste incinerated per hour; (43) ‘dioxins and furans’ means all polychlorinated dibenzo-p-dioxins and dibenzofurans listed in Part 2 of Annex VI; (44) ‘organic compound’ means any compound containing at least the element carbon and one or more of hydrogen, halogens, oxygen, sulphur, phosphorus, silicon or nitrogen, with the exception of carbon oxides and inorganic carbonates and bicarbonates; (45) ‘volatile organic compound’ means any organic compound as well as the fraction of creosote, having at 293,15 K a vapour pressure of 0,01 kPa or more, or having a corresponding volatility under the particular conditions of use; (47) ‘coating’ means coating as defined in point 8 of Article 2 of Directive 2004/42/EC of the European Parliament and of the Council of 21 April 2004 on the limitation of emissions of volatile organic compounds due to the use of organic solvents in certain paints and varnishes and vehicle refinishing products ( 11 ); (48) ‘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, as described in BAT conclusions, expressed as an average over a given period of time, under specified reference conditions; (49) ‘environmental performance levels associated with emerging techniques’ means the range of environmental performance levels, obtained under normal operating conditions, using an emerging technique or a combination of emerging techniques as described in BAT conclusions; (50) ‘compliance assurance’ means mechanisms for securing compliance using three categories of intervention: compliance promotion; compliance monitoring; follow-up and enforcement.
Article 4 Obligation to hold a permit
1. Member States shall take the necessary measures to ensure that no installation or combustion plant, waste incineration plant or waste co-incineration plant is operated without a permit. By way of derogation from the first subparagraph, Member States may set a procedure for the registration of installations covered only by Chapter V. The procedure for registration shall be specified in a binding act and include at least a notification to the competent authority by the operator of the intention to operate an installation. 2. Member States may opt to provide that a permit cover two or more installations or parts of installations operated by the same operator on the same site. Where a permit covers two or more installations, it shall contain conditions to ensure that each installation complies with the requirements of this Directive. 3. Member States may opt to provide that a permit cover several parts of an installation operated by different operators. In such cases, the permit shall specify the responsibilities of each operator.
Article 5 Granting of a permit
1. Without prejudice to other requirements laid down in national or Union law, the competent authority shall grant a permit if the installation complies with the requirements of this Directive. 2. Member States shall take the measures necessary to ensure that the conditions of, and the procedures for the granting of, the permit are fully coordinated where more than one competent authority or more than one operator is involved or more than one permit is granted, in order to guarantee an effective integrated approach by all authorities competent for this procedure. 3. In the case of a new installation or a substantial change where Article 4 of Directive 85/337/EEC applies, any relevant information obtained or conclusion arrived at pursuant to Articles 5, 6, 7 and 9 of that Directive shall be examined and used for the purposes of granting the permit.
Amendment rationale: 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 evaluation 2 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 Deal 3 (EGD) to revise EU measures to address pollution from large agro-industrial installations. Moreover, the Union is committed to the 2030 Agenda for Sustainable Development 4 and its Sustainable Development Goals 5. 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. 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; ii. 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; iii. clarify and simplify the legislation and reduce administrative burden while promoting consistency of implementation by the Member States; iv. 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; v. support the transition towards the use of safer and less toxic chemicals, improved resource efficiency (energy, water and waste prevention) and greater circularity; vi. 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; vii. 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 Council 6 and the European Parliament 7, 8, 9 welcomed the revision of the IED and expressed their expectations that this revision should address pollutant emissions into the air from industrial and agricultural activities and contribute to the circular economy, including by promoting water reuse in industry 10, 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 Europe 12. 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 masterplan 13 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.’
Revised version (Article 5 Granting of a permit):
1. Without prejudice to other requirements laid down in national or Union law, the competent authority shall grant a permit if the installation complies with the requirements of this Directive. 2. Member States shall take the measures necessary to ensure that the conditions of, and the procedures for the granting of, the permit are fully coordinated where more than one competent authority or more than one operator is involved or more than one permit is granted, in order to guarantee an effective integrated approach by all authorities competent for this procedure. 3. In the case of a new installation or a substantial change where Article 4 of Directive 85/337/EEC applies, any relevant information obtained or conclusion arrived at pursuant to Articles 5, 6, 7 and 9 of that Directive shall be examined and used for the purposes of granting the permit. 4. Member States shall develop systems for the electronic permitting of installations and implement electronic permitting procedures by 31 December 2035. The Commission shall organise an exchange of information with the Member States on electronic permitting and publish guidance on best practices.
Article 6 General binding rules
Without prejudice to the obligation to hold a permit, Member States may include requirements for certain categories of installations, combustion plants, waste incineration plants or waste co-incineration plants in general binding rules. Where general binding rules are adopted, the permit may simply include a reference to such rules.
Article 7 Incidents and accidents
Without prejudice to Directive 2004/35/EC 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 ( 30 ), in the event of any incident or accident significantly affecting the environment, Member States shall take the necessary measures to ensure that: (a) the operator informs the competent authority immediately; (b) the operator immediately takes the measures to limit the environmental consequences and to prevent further possible incidents or accidents; (c) 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.
Amendment rationale: 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 evaluation 2 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 Deal 3 (EGD) to revise EU measures to address pollution from large agro-industrial installations. Moreover, the Union is committed to the 2030 Agenda for Sustainable Development 4 and its Sustainable Development Goals 5. 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. 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; ii. 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; iii. clarify and simplify the legislation and reduce administrative burden while promoting consistency of implementation by the Member States; iv. 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; v. support the transition towards the use of safer and less toxic chemicals, improved resource efficiency (energy, water and waste prevention) and greater circularity; vi. 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; vii. 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 Council 6 and the European Parliament 7, 8, 9 welcomed the revision of the IED and expressed their expectations that this revision should address pollutant emissions into the air from industrial and agricultural activities and contribute to the circular economy, including by promoting water reuse in industry 10, 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 Europe 12. 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 masterplan 13 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.’
Revised version (Article 7 Incidents and accidents):
Without prejudice to Directive 2004/35/EC of the European Parliament and of the Council ( 12 ), 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) the operator informs the competent authority immediately; (b) the operator immediately takes the measures to limit the consequences for human health or the environment and to prevent further possible incidents or accidents; and (c) the competent authority requires the operator to take any appropriate complementary measures that the competent authority considers necessary to limit the consequences for human health or the environment and to prevent further possible incidents or accidents. In the event of pollution affecting drinking water resources, including transboundary resources, or affecting waste water infrastructure in the case of indirect discharge, the competent authority shall inform the drinking water and waste water operators affected of the measures taken to prevent damage being caused, or remedy the damage caused, by that pollution to human health and the environment. In the event of any incident or accident significantly affecting human health or 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 be aimed at limiting the consequences for the environment and human health and to prevent further possible incidents or accidents.
Article 8 Non-compliance
1. Member States shall take the necessary measures to ensure that the permit conditions are complied with.
Amendment rationale: 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 evaluation 2 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 Deal 3 (EGD) to revise EU measures to address pollution from large agro-industrial installations. Moreover, the Union is committed to the 2030 Agenda for Sustainable Development 4 and its Sustainable Development Goals 5. 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. 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; ii. 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; iii. clarify and simplify the legislation and reduce administrative burden while promoting consistency of implementation by the Member States; iv. 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; v. support the transition towards the use of safer and less toxic chemicals, improved resource efficiency (energy, water and waste prevention) and greater circularity; vi. 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; vii. 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 Council 6 and the European Parliament 7, 8, 9 welcomed the revision of the IED and expressed their expectations that this revision should address pollutant emissions into the air from industrial and agricultural activities and contribute to the circular economy, including by promoting water reuse in industry 10, 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 Europe 12. 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 masterplan 13 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.’
Revised version (Article 8 Non-compliance):
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 promote, monitor and enforce compliance with obligations placed on natural or legal persons under this Directive. 3. 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 second paragraph, 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. Where such breach threatens human health or the environment in another Member State, the Member State in whose territory the breach of the permit conditions has occurred shall ensure that the other Member State is informed. 4. In situations not covered by paragraph 3 of this Article, where a persistent breach of the permit conditions poses a danger to human health or causes 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) has 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. 5. Member States shall ensure that suspension measures referred to in paragraphs 3 and 4 and adopted by competent authorities in relation to an operator which infringes national provisions adopted pursuant to this Directive are enforced in an effective manner. 6. In the event of a breach of compliance affecting drinking water resources, including transboundary resources, or affecting waste water infrastructure in the case of an indirect discharge, the competent authority shall inform the drinking water and waste water operators, and all relevant authorities with a responsibility regarding compliance with the environmental legislation concerned, of the breach and the measures taken to prevent damage being caused, or remedy the damage caused, to human health and the environment.
Article 9 Emission of greenhouse gases
1. Where emissions of a greenhouse gas from an installation are specified in Annex I to Directive 2003/87/EC in relation to an activity carried out in that installation, the permit shall not include an emission limit value for direct emissions of that gas, unless necessary to ensure that no significant local pollution is caused. 2. For activities listed in Annex I to Directive 2003/87/EC, Member States may choose not to impose requirements relating to energy efficiency in respect of combustion units or other units emitting carbon dioxide on the site. 3. Where necessary, the competent authorities shall amend the permit as appropriate. 4. Paragraphs 1 to 3 shall not apply to installations which are temporarily excluded from the scheme for greenhouse gas emission allowance trading within the Union in accordance with Article 27 of Directive 2003/87/EC.
Amendment rationale: 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 evaluation 2 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 Deal 3 (EGD) to revise EU measures to address pollution from large agro-industrial installations. Moreover, the Union is committed to the 2030 Agenda for Sustainable Development 4 and its Sustainable Development Goals 5. 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. 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; ii. 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; iii. clarify and simplify the legislation and reduce administrative burden while promoting consistency of implementation by the Member States; iv. 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; v. support the transition towards the use of safer and less toxic chemicals, improved resource efficiency (energy, water and waste prevention) and greater circularity; vi. 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; vii. 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 Council 6 and the European Parliament 7, 8, 9 welcomed the revision of the IED and expressed their expectations that this revision should address pollutant emissions into the air from industrial and agricultural activities and contribute to the circular economy, including by promoting water reuse in industry 10, 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 Europe 12. 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 masterplan 13 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.’
Revised version (Article 9 Emission of greenhouse gases):
1. Where emissions of a greenhouse gas from an installation are specified in Annex I to Directive 2003/87/EC in relation to an activity carried out in that installation, the permit shall not include an emission limit value for direct emissions of that gas, unless necessary to ensure that no significant local pollution is caused. 2. For activities listed in Annex I to Directive 2003/87/EC, Member States may choose not to impose requirements laid down in Article 14(1), point (aa) and Article 15(4) of this Directive relating to energy efficiency in respect of combustion units or other units emitting carbon dioxide on the site. 3. Where necessary, the competent authorities shall amend the permit as appropriate. 4. Paragraphs 1 to 3 shall not apply to installations which are temporarily excluded from the scheme for greenhouse gas emission allowance trading within the Union in accordance with Article 27 of Directive 2003/87/EC.
Article 10 Scope
This Chapter shall apply to the activities set out in Annex I and, where applicable, reaching the capacity thresholds set out in that Annex.
Article 11 General principles governing the basic obligations of the operator
Member States shall take the necessary measures to provide that installations are operated in accordance with the following principles: (a) all the appropriate preventive measures are taken against pollution; (b) the best available techniques are applied; (c) no significant pollution is caused; (d) the generation of waste is prevented in accordance with Directive 2008/98/EC; (e) where waste is generated, it is, in order of priority and in accordance with Directive 2008/98/EC, prepared for re-use, recycled, recovered or, where that is technically and economically impossible, it is disposed of while avoiding or reducing any impact on the environment; (f) energy is used efficiently; (g) the necessary measures are taken to prevent accidents and limit their consequences; (h) the necessary measures are taken upon definitive cessation of activities to avoid any risk of pollution and return the site of operation to the satisfactory state defined in accordance with Article 22.
Amendment rationale: 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 evaluation 2 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 Deal 3 (EGD) to revise EU measures to address pollution from large agro-industrial installations. Moreover, the Union is committed to the 2030 Agenda for Sustainable Development 4 and its Sustainable Development Goals 5. 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. 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; ii. 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; iii. clarify and simplify the legislation and reduce administrative burden while promoting consistency of implementation by the Member States; iv. 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; v. support the transition towards the use of safer and less toxic chemicals, improved resource efficiency (energy, water and waste prevention) and greater circularity; vi. 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; vii. 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 Council 6 and the European Parliament 7, 8, 9 welcomed the revision of the IED and expressed their expectations that this revision should address pollutant emissions into the air from industrial and agricultural activities and contribute to the circular economy, including by promoting water reuse in industry 10, 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 Europe 12. 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 masterplan 13 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.’
Revised version (Article 11 General principles governing the basic obligations of the operator):
Member States shall take the necessary measures to provide that installations are operated in accordance with the following principles: (a) all the appropriate preventive measures are taken against pollution; (b) the best available techniques are applied; (c) no significant pollution is caused; (d) the generation of waste is prevented in accordance with Directive 2008/98/EC; (e) where waste is generated, it is, in order of priority and in accordance with Directive 2008/98/EC, prepared for re-use, recycled, recovered or, where that is technically and economically impossible, it is disposed of while avoiding or reducing any impact on the environment; (f) energy is used efficiently and the use and, where possible, the production of renewable energy is promoted; (fa) material resources and water are used efficiently, including through re-use; (fb) an environmental management system is implemented as provided for in Article 14a; (g) the necessary measures are taken to prevent accidents and limit their consequences; (h) the necessary measures are taken upon definitive cessation of activities to avoid any risk of pollution and return the site of operation to the satisfactory state defined in accordance with Article 22.
Article 12 Applications for permits
2. Where information supplied in accordance with the requirements provided for in Directive 85/337/EEC or a safety report prepared in accordance with Directive 96/82/EC or other information produced in response to other legislation fulfils any of the requirements of paragraph 1, that information may be included in, or attached to, the application.
Article 13 BAT reference documents and exchange of information
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 organisations promoting environmental protection and the Commission. 4. The Commission shall obtain and make publicly available the opinion of the forum on the proposed content of the BAT reference documents and shall take into account this opinion for the procedures laid down in paragraph 5. 5. Decisions on the BAT conclusions shall be adopted in accordance with the regulatory procedure referred to in Article 75(2). 6. After the adoption of a decision in accordance with paragraph 5, the Commission shall without delay make the BAT reference document publicly available and ensure that BAT conclusions are made available in all the official languages of the Union. 7. Pending the adoption of a relevant decision in accordance with paragraph 5, the conclusions on best available techniques from BAT reference documents adopted by the Commission prior to the date referred to in Article 83 shall apply as BAT conclusions for the purposes of this Chapter except for Article 15(3) and (4).
Amendment rationale: 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 evaluation 2 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 Deal 3 (EGD) to revise EU measures to address pollution from large agro-industrial installations. Moreover, the Union is committed to the 2030 Agenda for Sustainable Development 4 and its Sustainable Development Goals 5. 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. 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; ii. 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; iii. clarify and simplify the legislation and reduce administrative burden while promoting consistency of implementation by the Member States; iv. 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; v. support the transition towards the use of safer and less toxic chemicals, improved resource efficiency (energy, water and waste prevention) and greater circularity; vi. 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; vii. 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 Council 6 and the European Parliament 7, 8, 9 welcomed the revision of the IED and expressed their expectations that this revision should address pollutant emissions into the air from industrial and agricultural activities and contribute to the circular economy, including by promoting water reuse in industry 10, 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 Europe 12. 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 masterplan 13 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.’
Revised version (Article 13 BAT reference documents and exchange of information):
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 organisations promoting human health or environmental protection, the European Chemicals Agency and the Commission. That exchange of information shall aim at an eight-year review cycle of BAT reference documents prioritising the documents that have the highest potential to improve the protection of human health or the environment. The duration of the exchange of information referred to in the first subparagraph shall not exceed four years for each individual BAT reference document. 1a. The Commission shall by 1 July 2026 amend Implementing Decision 2012/119/EU. 2. Without prejudice to Union competition law, information considered to be confidential business information or commercially sensitive information shall only be shared with the Commission and, after having signed a confidentiality and non-disclosure agreement, with civil servants and other public employees representing Member States or Union agencies. Information shall be anonymised, in such a manner that it does not refer to a particular operator or installation, when shared with the other stakeholders involved in the exchange of information referred to in paragraph 1. Non-anonymised information may only be shared in cases where anonymising the information would not allow an effective exchange of information on BAT in the context of drawing up, reviewing and, where necessary, updating BAT reference documents, with representatives of non-governmental organisations promoting the protection of human health or the environment and representatives of associations representing the relevant industrial sectors, as appropriate, and where such representatives of organisations and associations have signed a confidentiality and non-disclosure agreement. The exchange of information considered to be confidential business information or commercially sensitive information shall remain strictly limited to what is technically required to draw up, review and, where necessary, update BAT reference documents, and such confidential business information or commercially sensitive information shall not be used for other purposes. 3a. The Commission shall obtain the opinion of the forum on the method for assessing compliance with emission limit values set out in the permit with regard to emissions to air and water, as set out in Article 15a. 4. The Commission shall obtain and make publicly available the opinion of the forum on the proposed content of the BAT reference documents and shall take into account this opinion for the procedures laid down in paragraph 5. The opinion of the forum referred to in the first subparagraph shall be submitted within six months of the final meeting of the technical working group responsible for that BAT reference document. 5. Decisions on the BAT conclusions shall be adopted in accordance with the regulatory procedure referred to in Article 75(2). 6. After the adoption of a decision in accordance with paragraph 5, the Commission shall make the BAT conclusions and the BAT reference document publicly available without undue delay. 7. Pending the adoption of a relevant decision in accordance with paragraph 5, the conclusions on best available techniques from BAT reference documents adopted by the Commission prior to the date referred to in Article 83 shall apply as BAT conclusions for the purposes of this Chapter except for Article 15(3) and (4).
Article 14 Permit conditions
2. For the purpose of paragraph 1(a), emission limit values may be supplemented or replaced by equivalent parameters or technical measures ensuring an equivalent level of environmental protection. 3. BAT conclusions shall be the reference for setting the permit conditions. 4. Without prejudice to Article 18, the competent authority may set stricter permit conditions than those achievable by the use of the best available techniques as described in the BAT conclusions. Member States may establish rules under which the competent authority may set such stricter conditions. 5. Where the competent authority sets permit conditions on the basis of a best available technique not described in any of the relevant BAT conclusions, it shall ensure that: (a) that technique is determined by giving special consideration to the criteria listed in Annex III; and (b) the requirements of Article 15 are complied with. Where the BAT conclusions referred to in the first subparagraph do not contain emission levels associated with the best available techniques, the competent authority shall ensure that the technique referred to in the first subparagraph ensures a level of environmental protection equivalent to the best available techniques described in the BAT conclusions. 6. Where an activity or a type of production process carried out within an installation is not covered by any of the BAT conclusions or where those conclusions do not address all the potential environmental effects of the activity or process, the competent authority shall, after prior consultations with the operator, set the permit conditions on the basis of the best available techniques that it has determined for the activities or processes concerned, by giving special consideration to the criteria listed in Annex III. 7. For installations referred to in point 6.6 of Annex I, paragraphs 1 to 6 of this Article shall apply without prejudice to the legislation relating to animal welfare.
Article 15 Emission 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 water treatment plant may be taken into account when determining the emission limit values of the installation concerned, provided that an equivalent level of protection of the environment as a whole is guaranteed and provided this does not lead to higher levels of pollution in the environment. 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 the best available techniques, without prescribing the use of any technique or specific technology. 5. The competent authority may grant temporary derogations from the requirements of paragraphs 2 and 3 of this Article and from Article 11(a) and (b) for the testing and use of emerging techniques for a total period of time not exceeding 9 months, provided that after the period specified, either the technique is stopped or the activity achieves at least the emission levels associated with the best available techniques.
Amendment rationale: 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 evaluation 2 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 Deal 3 (EGD) to revise EU measures to address pollution from large agro-industrial installations. Moreover, the Union is committed to the 2030 Agenda for Sustainable Development 4 and its Sustainable Development Goals 5. 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. 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; ii. 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; iii. clarify and simplify the legislation and reduce administrative burden while promoting consistency of implementation by the Member States; iv. 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; v. support the transition towards the use of safer and less toxic chemicals, improved resource efficiency (energy, water and waste prevention) and greater circularity; vi. 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; vii. 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 Council 6 and the European Parliament 7, 8, 9 welcomed the revision of the IED and expressed their expectations that this revision should address pollutant emissions into the air from industrial and agricultural activities and contribute to the circular economy, including by promoting water reuse in industry 10, 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 Europe 12. 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 masterplan 13 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.’
Article 16 Monitoring requirements
1. The monitoring requirements referred to in Article 14(1)(c) shall, where applicable, be based on the conclusions on monitoring as described in the BAT conclusions. 2. The frequency of the periodic monitoring referred to in Article 14(1)(e) shall be determined by the competent authority in a permit for each individual installation or in general binding rules. Without prejudice to the first subparagraph, periodic monitoring shall be carried out at least once every 5 years for groundwater and 10 years for soil, unless such monitoring is based on a systematic appraisal of the risk of contamination.
Amendment rationale: 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 evaluation 2 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 Deal 3 (EGD) to revise EU measures to address pollution from large agro-industrial installations. Moreover, the Union is committed to the 2030 Agenda for Sustainable Development 4 and its Sustainable Development Goals 5. 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. 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; ii. 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; iii. clarify and simplify the legislation and reduce administrative burden while promoting consistency of implementation by the Member States; iv. 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; v. support the transition towards the use of safer and less toxic chemicals, improved resource efficiency (energy, water and waste prevention) and greater circularity; vi. 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; vii. 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 Council 6 and the European Parliament 7, 8, 9 welcomed the revision of the IED and expressed their expectations that this revision should address pollutant emissions into the air from industrial and agricultural activities and contribute to the circular economy, including by promoting water reuse in industry 10, 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 Europe 12. 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 masterplan 13 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.’
Revised version (Article 16 Monitoring requirements):
1. The monitoring requirements referred to in Article 14(1)(c) shall, where applicable, be based on the conclusions on monitoring as described in the BAT conclusions. 2. The frequency of the periodic monitoring referred to in Article 14(1), point (e), shall be determined by the competent authority in a permit for each individual installation or in general binding rules. Without prejudice to the first subparagraph, periodic monitoring shall be carried out as set out in the BAT conclusions, where applicable, and at least once every 4 years for groundwater and 9 years for soil, unless such monitoring is based on a systematic appraisal of the risk of contamination. 3. The quality control of laboratories performing the monitoring shall be based on CEN standards or, if CEN standards are not available, ISO, national or other international standards which ensure the provision of data of an equivalent scientific quality. 4. Where the assessment referred to in Article 15(5) demonstrates that the derogation will have a quantifiable or measurable effect on the environment, Member States shall ensure that the concentration of the pollutants concerned is monitored in the receiving environment. Where relevant, monitoring and measuring methods for each pollutant concerned which are set out in other relevant Union legislation shall be used for the purpose of the monitoring referred to in this paragraph.
Article 17 General binding rules for activities listed in Annex I
1. When adopting general binding rules, Member States shall ensure an integrated approach and a high level of environmental protection equivalent to that achievable with individual permit conditions. 2. General binding rules shall be based on the best available techniques, without prescribing the use of any technique or specific technology in order to ensure compliance with Articles 14 and 15. 3. Member States shall ensure that general binding rules are updated to take into account developments in best available techniques and in order to ensure compliance with Article 21. 4. General binding rules adopted in accordance with paragraphs 1 to 3 shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication.
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, without prejudice to other measures which may be taken to comply with environmental quality standards.
Amendment rationale: 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 evaluation 2 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 Deal 3 (EGD) to revise EU measures to address pollution from large agro-industrial installations. Moreover, the Union is committed to the 2030 Agenda for Sustainable Development 4 and its Sustainable Development Goals 5. 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. 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; ii. 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; iii. clarify and simplify the legislation and reduce administrative burden while promoting consistency of implementation by the Member States; iv. 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; v. support the transition towards the use of safer and less toxic chemicals, improved resource efficiency (energy, water and waste prevention) and greater circularity; vi. 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; vii. 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 Council 6 and the European Parliament 7, 8, 9 welcomed the revision of the IED and expressed their expectations that this revision should address pollutant emissions into the air from industrial and agricultural activities and contribute to the circular economy, including by promoting water reuse in industry 10, 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 Europe 12. 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 masterplan 13 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.’
Revised version (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, without prejudice to other measures which may be taken to comply with environmental quality standards. Where stricter conditions have been included in the permit in accordance with the first paragraph, the competent authority shall assess the impact of the stricter conditions on the concentration of the pollutants concerned in the receiving environment. Where the load of pollutants emitted by the installation has a quantifiable or measurable effect on the environment, Member States shall ensure that the concentration of the pollutants concerned in the receiving environment is monitored. The results of such monitoring shall be transmitted to the competent authority. Where monitoring and measurement methods for the pollutants concerned are set out in other relevant Union legislation, such methods, including effect-based methods as appropriate, shall be used for the purpose of the monitoring referred to in the third paragraph.
Article 19 Developments in best available techniques
Member States shall ensure that the competent authority follows or is informed of developments in best available techniques and of the publication of any new or updated BAT conclusions and shall make that information available to the public concerned.
Article 20 Changes by operators to installations
1. Member States shall take the necessary measures to ensure that the operator informs the competent authority of any planned change in the nature or functioning, or an extension of the installation which may have consequences for the environment. Where appropriate, the competent authority shall update the permit. 2. Member States shall take the necessary measures to ensure that no substantial change planned by the operator is made without a permit granted in accordance with this Directive. The application for a permit and the decision by the competent authority shall cover those parts of the installation and those details listed in Article 12 which may be affected by the substantial change. 3. Any change in the nature or functioning or an extension of an installation shall be deemed to be substantial if the change or extension in itself reaches the capacity thresholds set out in Annex I.
Amendment rationale: 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 evaluation 2 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 Deal 3 (EGD) to revise EU measures to address pollution from large agro-industrial installations. Moreover, the Union is committed to the 2030 Agenda for Sustainable Development 4 and its Sustainable Development Goals 5. 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. 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; ii. 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; iii. clarify and simplify the legislation and reduce administrative burden while promoting consistency of implementation by the Member States; iv. 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; v. support the transition towards the use of safer and less toxic chemicals, improved resource efficiency (energy, water and waste prevention) and greater circularity; vi. 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; vii. 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 Council 6 and the European Parliament 7, 8, 9 welcomed the revision of the IED and expressed their expectations that this revision should address pollutant emissions into the air from industrial and agricultural activities and contribute to the circular economy, including by promoting water reuse in industry 10, 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 Europe 12. 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 masterplan 13 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.’
Revised version (Article 20 Changes by operators to installations):
1. Member States shall take the necessary measures to ensure that the operator informs the competent authority of any planned change in the nature or functioning, or any extension, of the installation which may have consequences for the environment, in due time and in any event prior to the implementation of any such change or extension. Where appropriate, the competent authority shall update the permit. Member States shall take the necessary measures to ensure that the competent authority reacts in due time to the information provided by the operator. 2. Member States shall take the necessary measures to ensure that no substantial change planned by the operator is made without a permit granted in accordance with this Directive. The application for a permit and the decision by the competent authority shall cover those parts of the installation and those details listed in Article 12 which may be affected by the substantial change. 3. Any change in the nature or functioning or an extension of an installation shall be deemed to be substantial if the change or extension in itself reaches the capacity thresholds set out in Annex I.
Article 21 Reconsideration and updating of permit conditions by the competent authority
1. Member States shall take the necessary measures to ensure that the competent authority periodically reconsiders in accordance with paragraphs 2 to 5 all permit conditions and, where necessary to ensure compliance with this Directive, updates those conditions. 2. At the request of the competent authority, the operator shall submit all the information necessary for the purpose of reconsidering the permit conditions, including, in particular, results of emission monitoring and other data, that enables a comparison of the operation of the installation with the best available techniques described in the applicable BAT conclusions and with the emission levels associated with the best available techniques. When reconsidering permit conditions, the competent authority shall use any information resulting from monitoring or inspections. 4. Where an installation is not covered by any of the BAT conclusions, the permit conditions shall be reconsidered and, if necessary, updated where developments in the best available techniques allow for the significant reduction of emissions.
Article 22 Site closure
1. Without prejudice to Directive 2000/60/EC, Directive 2004/35/EC, 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 ( 31 ) and to relevant Union law on soil protection, the competent authority shall set permit conditions to ensure compliance with paragraphs 3 and 4 of this Article upon definitive cessation of activities. 2. Where the activity involves the use, production or release of relevant hazardous substances and having regard to the possibility of soil and groundwater contamination at the site of the installation, the operator shall prepare and submit to the competent authority a baseline report before starting operation of an installation or before a permit for an installation is updated for the first time after 7 January 2013. The baseline report shall contain the information necessary to determine the state of soil and groundwater contamination so as to make a quantified comparison with the state upon definitive cessation of activities provided for under paragraph 3. The baseline report shall contain at least the following information: (a) information on the present use and, where available, on past uses of the site; (b) where available, existing information on soil and groundwater measurements that reflect the state at the time the report is drawn up or, alternatively, new soil and groundwater measurements having regard to the possibility of soil and groundwater contamination by those hazardous substances to be used, produced or released by the installation concerned. Where information produced pursuant to other national or Union law fulfils the requirements of this paragraph that information may be included in, or attached to, the submitted baseline report. The Commission shall establish guidance on the content of the baseline report. 3. Upon definitive cessation of the activities, the operator shall assess the state of soil and groundwater contamination by relevant hazardous substances used, produced or released by the installation. Where the installation has caused significant pollution of soil or groundwater by relevant hazardous substances compared to the state established in the baseline report referred to in paragraph 2, the operator shall take the necessary measures to address that pollution so as to return the site to that state. For that purpose, the technical feasibility of such measures may be taken into account. Without prejudice to the first subparagraph, upon definitive cessation of the activities, and where the contamination of soil and groundwater at the site poses a significant risk to human health or the environment as a result of the permitted activities carried out by the operator before the permit for the installation is updated for the first time after 7 January 2013 and taking into account the conditions of the site of the installation established in accordance with Article 12(1)(d), the operator shall take the necessary actions aimed at the removal, control, containment or reduction of relevant hazardous substances, so that the site, taking into account its current or approved future use, ceases to pose such a risk. 4. Where the operator is not required to prepare a baseline report referred to in paragraph 2, the operator shall, upon definitive cessation of the activities, take the necessary actions aimed at the removal, control, containment or reduction of relevant hazardous substances, so that the site, taking into account its current or approved future use, ceases to pose any significant risk to human health or the environment due to the contamination of soil and groundwater as a result of the permitted activities and taking into account the conditions of the site of the installation established in accordance with Article 12(1)(d).
Article 23 Environmental inspections
1. Member States shall set up a system of environmental inspections of installations addressing the examination of the full range of relevant environmental effects from the installations concerned. Member States shall ensure that operators afford the competent authorities all necessary assistance to enable those authorities to carry out any site visits, to take samples and to gather any information necessary for the performance of their duties for the purposes of this Directive. 2. Member States shall ensure that all installations are covered by an environmental inspection plan at national, regional or local level and shall ensure that this plan is regularly reviewed and, where appropriate, updated. 5. Non-routine environmental inspections shall be carried out to investigate serious environmental complaints, serious environmental accidents, incidents and occurrences of non-compliance as soon as possible and, where appropriate, before the granting, reconsideration or update of a permit. 6. Following each site visit, the competent authority shall prepare a report describing the relevant findings regarding compliance of the installation with the permit conditions and conclusions on whether any further action is necessary. The report shall be notified to the operator concerned within 2 months of the site visit taking place. The report shall be made publicly available by the competent authority in accordance with Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information ( 33 ) within 4 months of the site visit taking place. Without prejudice to Article 8(2), the competent authority shall ensure that the operator takes all the necessary actions identified in the report within a reasonable period.
Article 24 Access to information and public participation in the permit procedure
4. Paragraphs 1, 2 and 3 of this Article shall apply subject to the restrictions laid down in Article 4(1) and (2) of Directive 2003/4/EC.
Article 25 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 Article 24 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. 2. Member States shall determine at what stage the decisions, acts or omissions may be challenged. 3. What constitutes a sufficient interest and impairment of a right shall be determined by Member States, consistently with the objective of giving the public concerned wide access to justice. To this end, the interest of any non-governmental organisation promoting environmental protection and meeting any requirements under national law shall be deemed sufficient for the purpose of paragraph 1(a). Such organisations shall also be deemed to have rights capable of being impaired for the purpose of paragraph 1(b). 4. Paragraphs 1, 2 and 3 shall not exclude the possibility of a preliminary review procedure before an administrative authority and shall not affect the requirement of exhaustion of administrative review procedures prior to recourse to judicial review procedures, where such a requirement exists under national law. Any such procedure shall be fair, equitable, timely and not prohibitively expensive. 5. Member States shall ensure that practical information is made available to the public on access to administrative and judicial review procedures.
Amendment rationale: 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 evaluation 2 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 Deal 3 (EGD) to revise EU measures to address pollution from large agro-industrial installations. Moreover, the Union is committed to the 2030 Agenda for Sustainable Development 4 and its Sustainable Development Goals 5. 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. 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; ii. 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; iii. clarify and simplify the legislation and reduce administrative burden while promoting consistency of implementation by the Member States; iv. 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; v. support the transition towards the use of safer and less toxic chemicals, improved resource efficiency (energy, water and waste prevention) and greater circularity; vi. 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; vii. 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 Council 6 and the European Parliament 7, 8, 9 welcomed the revision of the IED and expressed their expectations that this revision should address pollutant emissions into the air from industrial and agricultural activities and contribute to the circular economy, including by promoting water reuse in industry 10, 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 Europe 12. 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 masterplan 13 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.’
Revised version (Article 25 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 Article 24 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 shall not be conditional on the role that the member of the public concerned 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 remedies, including injunctive relief as appropriate. 2. Member States shall determine at what stage the decisions, acts or omissions may be challenged. 3. What constitutes a sufficient interest and impairment of a right shall be determined by Member States, consistently with the objective of giving the public concerned wide access to justice. To this end, the interest of any non-governmental organisation promoting environmental protection and meeting any requirements under national law shall be deemed sufficient for the purpose of paragraph 1(a). Such organisations shall also be deemed to have rights capable of being impaired for the purpose of paragraph 1(b). 4. Paragraphs 1, 2 and 3 shall not exclude the possibility of a preliminary review procedure before an administrative authority and shall not affect the requirement of exhaustion of administrative review procedures prior to recourse to judicial review procedures, where such a requirement exists under national law. Any such procedure shall be fair, equitable, timely and not prohibitively expensive. 5. Member States shall ensure that practical information is made available to the public on access to administrative and judicial review procedures.
Article 26 Transboundary effects
1. Where a Member State is aware that the operation of an installation is likely to have significant negative effects on the environment of another Member State, or where a Member State which is likely to 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. Such information shall serve as a basis for any consultations necessary in the framework of the bilateral relations between the two Member States on a reciprocal and equivalent basis. 2. Within the framework of their bilateral relations, Member States shall ensure that in the cases referred to in paragraph 1, the applications are also made available for an appropriate period of time to the public of the Member State likely to be affected so that it will have the right to comment on them before the competent authority reaches its decision. 3. The results of any consultations pursuant to paragraphs 1 and 2 shall be taken into consideration when the competent authority reaches a decision on the application. 4. The competent authority shall inform any Member State which has been consulted pursuant to paragraph 1 of the decision reached on the application and shall forward to it the information referred to in Article 24(2). That Member State shall take the measures necessary to ensure that that information is made available in an appropriate manner to the public concerned in its own territory.
Amendment rationale: 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 evaluation 2 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 Deal 3 (EGD) to revise EU measures to address pollution from large agro-industrial installations. Moreover, the Union is committed to the 2030 Agenda for Sustainable Development 4 and its Sustainable Development Goals 5. 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. 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; ii. 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; iii. clarify and simplify the legislation and reduce administrative burden while promoting consistency of implementation by the Member States; iv. 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; v. support the transition towards the use of safer and less toxic chemicals, improved resource efficiency (energy, water and waste prevention) and greater circularity; vi. 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; vii. 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 Council 6 and the European Parliament 7, 8, 9 welcomed the revision of the IED and expressed their expectations that this revision should address pollutant emissions into the air from industrial and agricultural activities and contribute to the circular economy, including by promoting water reuse in industry 10, 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 Europe 12. 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 masterplan 13 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.’
Revised version (Article 26 Transboundary effects):
1. Where a Member State is aware that the operation of an installation could have significant negative effects on the environment of another Member State, or where a Member State that could 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 could 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 that could 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 that could be significantly affected and that it remains available for the same period of time it was available in the Member State where the application was made. 3. The results of any consultations pursuant to paragraphs 1 and 2 shall be taken into consideration when the competent authority reaches a decision on the application. 4. The competent authority shall inform any Member State which has been consulted pursuant to paragraph 1 of the decision reached on the application and shall forward to it the information referred to in Article 24(2). That Member State shall take the measures necessary to ensure that that information is made available in an appropriate manner to the public concerned in its own territory.
Article 27 Emerging techniques
1. Member States shall, where appropriate, encourage the development and application of emerging techniques, in particular for those emerging techniques identified in BAT reference documents. 2. The Commission shall establish guidance to assist Member States in encouraging the development and application of emerging techniques as referred to in paragraph 1.
Amendment rationale: 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 evaluation 2 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 Deal 3 (EGD) to revise EU measures to address pollution from large agro-industrial installations. Moreover, the Union is committed to the 2030 Agenda for Sustainable Development 4 and its Sustainable Development Goals 5. 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. 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; ii. 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; iii. clarify and simplify the legislation and reduce administrative burden while promoting consistency of implementation by the Member States; iv. 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; v. support the transition towards the use of safer and less toxic chemicals, improved resource efficiency (energy, water and waste prevention) and greater circularity; vi. 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; vii. 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 Council 6 and the European Parliament 7, 8, 9 welcomed the revision of the IED and expressed their expectations that this revision should address pollutant emissions into the air from industrial and agricultural activities and contribute to the circular economy, including by promoting water reuse in industry 10, 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 Europe 12. 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 masterplan 13 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.’
Revised version (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.
Article 28 Scope
This Chapter shall apply to combustion plants, the total rated thermal input of which is equal to or greater than 50 MW, irrespective of the type of fuel used. This Chapter shall not apply to the following combustion plants: (a) plants in which the products of combustion are used for the direct heating, drying, or any other treatment of objects or materials; (b) post-combustion plants designed to purify the waste gases by combustion which are not operated as independent combustion plants; (c) facilities for the regeneration of catalytic cracking catalysts; (d) facilities for the conversion of hydrogen sulphide into sulphur; (e) reactors used in the chemical industry; (f) coke battery furnaces; (g) cowpers; (h) any technical apparatus used in the propulsion of a vehicle, ship or aircraft; (i) gas turbines and gas engines used on offshore platforms; (j) plants which use any solid or liquid waste as a fuel other than waste referred to in point (b) of point 31 of Article 3.
Article 29 Aggregation rules
1. Where the waste gases of two or more separate combustion plants are discharged through a common stack, the combination formed by such plants shall be considered as a single combustion plant and their capacities added for the purpose of calculating the total rated thermal input. 2. Where two or more separate combustion plants which have been granted a permit for the first time on or after 1 July 1987, or the operators of which have submitted a complete application for a permit on or after that date, are installed in such a way that, taking technical and economic factors into account, their waste gases could in the judgement of the competent authority, be discharged through a common stack, the combination formed by such plants shall be considered as a single combustion plant and their capacities added for the purpose of calculating the total rated thermal input. 3. For the purpose of calculating the total rated thermal input of a combination of combustion plants referred to in paragraphs 1 and 2, individual combustion plants with a rated thermal input below 15 MW shall not be considered.
Article 30 Emission limit values
1. Waste gases from combustion plants shall be discharged in a controlled way by means of a stack, containing one or more flues, the height of which is calculated in such a way as to safeguard human health and the environment. 2. All permits for installations containing combustion plants which have been granted a permit before 7 January 2013, or the operators of which have submitted a complete application for a permit before that date, provided that such plants are put into operation no later than 7 January 2014, shall include conditions ensuring that emissions into air from these plants do not exceed the emission limit values set out in Part 1 of Annex V. All permits for installations containing combustion plants which had been granted an exemption as referred to in Article 4(4) of Directive 2001/80/EC and which are in operation after 1 January 2016, shall include conditions ensuring that emissions into the air from these plants do not exceed the emission limit values set out in Part 2 of Annex V. 3. All permits for installations containing combustion plants not covered by paragraph 2 shall include conditions ensuring that emissions into the air from these plants do not exceed the emission limit values set out in Part 2 of Annex V. 4. The emission limit values set out in Parts 1 and 2 of Annex V as well as the minimum rates of desulphurisation set out in Part 5 of that Annex shall apply to the emissions of each common stack in relation to the total rated thermal input of the entire combustion plant. Where Annex V provides that emission limit values may be applied for a part of a combustion plant with a limited number of operating hours, those limit values shall apply to the emissions of that part of the plant, but shall be set in relation to the total rated thermal input of the entire combustion plant. 5. The competent authority may grant a derogation for a maximum of 6 months from the obligation to comply with the emission limit values provided for in paragraphs 2 and 3 for sulphur dioxide in respect of a combustion plant which to this end normally uses low-sulphur fuel, in cases where the operator is unable to comply with those limit values because of an interruption in the supply of low-sulphur fuel resulting from a serious shortage. Member States shall immediately inform the Commission of any derogation granted under the first subparagraph. 6. The competent authority may grant a derogation from the obligation to comply with the emission limit values provided for in paragraphs 2 and 3 in cases where a combustion plant using only gaseous fuel has to resort exceptionally to the use of other fuels because of a sudden interruption in the supply of gas and for this reason would need to be equipped with a waste gas purification facility. The period for which such a derogation is granted shall not exceed 10 days except where there is an overriding need to maintain energy supplies. The operator shall immediately inform the competent authority of each specific case referred to in the first subparagraph. Member States shall inform the Commission immediately of any derogation granted under the first subparagraph. 7. Where a combustion plant is extended, the emission limit values set out in Part 2 of Annex V shall apply to the extended part of the plant affected by the change and shall be set in relation to the total rated thermal input of the entire combustion plant. In the case of a change to a combustion plant, which may have consequences for the environment and which affects a part of the plant with a rated thermal input of 50 MW or more, the emission limit values as set out in Part 2 of Annex V shall apply to the part of the plant which has changed in relation to the total rated thermal input of the entire combustion plant. 8. The emission limit values set out in Parts 1 and 2 of Annex V shall not apply to the following combustion plants: (a) diesel engines; (b) recovery boilers within installations for the production of pulp.
Amendment rationale: 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 evaluation 2 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 Deal 3 (EGD) to revise EU measures to address pollution from large agro-industrial installations. Moreover, the Union is committed to the 2030 Agenda for Sustainable Development 4 and its Sustainable Development Goals 5. 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. 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; ii. 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; iii. clarify and simplify the legislation and reduce administrative burden while promoting consistency of implementation by the Member States; iv. 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; v. support the transition towards the use of safer and less toxic chemicals, improved resource efficiency (energy, water and waste prevention) and greater circularity; vi. 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; vii. 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 Council 6 and the European Parliament 7, 8, 9 welcomed the revision of the IED and expressed their expectations that this revision should address pollutant emissions into the air from industrial and agricultural activities and contribute to the circular economy, including by promoting water reuse in industry 10, 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 Europe 12. 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 masterplan 13 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.’
Revised version (Article 30 Emission limit values):
1. Waste gases from combustion plants shall be discharged in a controlled way by means of a stack, containing one or more flues, the height of which is calculated in such a way as to safeguard human health and the environment. 2. All permits for installations containing combustion plants which have been granted a permit before 7 January 2013, or the operators of which have submitted a complete application for a permit before that date, provided that such plants are put into operation no later than 7 January 2014, shall include conditions ensuring that emissions into air from these plants do not exceed the emission limit values set out in Part 1 of Annex V. All permits for installations containing combustion plants which had been granted an exemption as referred to in Article 4(4) of Directive 2001/80/EC and which are in operation after 1 January 2016, shall include conditions ensuring that emissions into the air from these plants do not exceed the emission limit values set out in Part 2 of Annex V. 3. All permits for installations containing combustion plants not covered by paragraph 2 shall include conditions ensuring that emissions into the air from these plants do not exceed the emission limit values set out in Part 2 of Annex V. 4. The emission limit values set out in Parts 1 and 2 of Annex V as well as the minimum rates of desulphurisation set out in Part 5 of that Annex shall apply to the emissions of each common stack in relation to the total rated thermal input of the entire combustion plant. Where Annex V provides that emission limit values may be applied for a part of a combustion plant with a limited number of operating hours, those limit values shall apply to the emissions of that part of the plant, but shall be set in relation to the total rated thermal input of the entire combustion plant. 5. The competent authority may grant a derogation for a maximum of six months from the obligation to comply with the emission limit values provided for in paragraphs 2 and 3 for sulphur dioxide, in respect of a combustion plant which to that end normally uses low-sulphur fuel, in cases where the operator is unable to comply with those limit values because of an interruption in the supply of low-sulphur fuel resulting from a serious shortage. Member States shall immediately inform the Commission of any derogation granted under the first subparagraph, including the reasons justifying the derogation and the conditions imposed. 6. The competent authority may grant a derogation from the obligation to comply with the emission limit values provided for in paragraphs 2 and 3 in cases where a combustion plant using only gaseous fuel has to resort exceptionally to the use of other fuels because of a sudden interruption in the supply of gas and for this reason would need to be equipped with a waste gas purification facility. The period for which such a derogation is granted shall not exceed 10 days except where there is an overriding need to maintain energy supplies. The operator shall immediately inform the competent authority of each specific case referred to in the first subparagraph. Member States shall inform the Commission immediately of any derogation granted under the first subparagraph, including the reasons justifying the derogation and the conditions imposed. 7. Where a combustion plant is extended, the emission limit values set out in Part 2 of Annex V shall apply to the extended part of the plant affected by the change and shall be set in relation to the total rated thermal input of the entire combustion plant. In the case of a change to a combustion plant, which may have consequences for the environment and which affects a part of the plant with a rated thermal input of 50 MW or more, the emission limit values as set out in Part 2 of Annex V shall apply to the part of the plant which has changed in relation to the total rated thermal input of the entire combustion plant. 8. The emission limit values set out in Parts 1 and 2 of Annex V shall not apply to the following combustion plants: (a) diesel engines; (b) recovery boilers within installations for the production of pulp.
Article 31 Desulphurisation rate
1. For combustion plants firing indigenous solid fuel, which cannot comply with the emission limit values for sulphur dioxide referred to in Article 30(2) and (3) due to the characteristics of this fuel, Member States may apply instead the minimum rates of desulphurisation set out in Part 5 of Annex V, in accordance with the compliance rules set out in Part 6 of that Annex and with prior validation by the competent authority of the technical report referred to in Article 72(4)(a). 2. For combustion plants firing indigenous solid fuel, which co-incinerate waste, and which cannot comply with the C proc values for sulphur dioxide set out in points 3.1 or 3.2 of Part 4 of Annex VI due to the characteristics of the indigenous solid fuel, Member States may apply instead the minimum rates of desulphurisation set out in Part 5 of Annex V, in accordance with the compliance rules set out in Part 6 of that Annex. If Member States choose to apply this paragraph, C waste as referred to in point 1 of Part 4 of Annex VI shall be equal to 0 mg/Nm 3 . 3. The Commission shall, by 31 December 2019, review the possibility of applying minimum rates of desulphurisation set out in Part 5 of Annex V, taking into account, in particular, the best available techniques and benefits obtained from reduced sulphur dioxide emissions.