Article 32 Transitional National Plan
2. Combustion plants covered by the plan may be exempted from compliance with the emission limit values referred to in Article 30(2) for the pollutants which are subject to the plan or, where applicable, with the rates of desulphurisation referred to in Article 31. The emission limit values for sulphur dioxide, nitrogen oxides and dust set out in the permit for the combustion plant applicable on 31 December 2015, pursuant in particular to the requirements of Directives 2001/80/EC and 2008/1/EC, shall at least be maintained. Combustion plants with a total rated thermal input of more than 500 MW firing solid fuels, which were granted the first permit after 1 July 1987, shall comply with the emission limit values for nitrogen oxides set out in Part 1 of Annex V. 3. For each of the pollutants it covers, the transitional national plan shall set a ceiling defining the maximum total annual emissions for all of the plants covered by the plan on the basis of each plant’s total rated thermal input on 31 December 2010, its actual annual operating hours and its fuel use, averaged over the last 10 years of operation up to and including 2010. The ceiling for the year 2016 shall be calculated on the basis of the relevant emission limit values set out in Annexes III to VII to Directive 2001/80/EC or, where applicable, on the basis of the rates of desulphurisation set out in Annex III to Directive 2001/80/EC. In the case of gas turbines, the emission limit values for nitrogen oxides set out for such plants in Part B of Annex VI to Directive 2001/80/EC shall be used. The ceilings for the years 2019 and 2020 shall be calculated on the basis of the relevant emission limit values set out in Part 1 of Annex V to this Directive or, where applicable, the relevant rates of desulphurisation set out in Part 5 of Annex V to this Directive. The ceilings for the years 2017 and 2018 shall be set providing a linear decrease of the ceilings between 2016 and 2019. Where a plant included in the transitional national plan is closed or no longer falls within the scope of Chapter III, this shall not result in an increase in total annual emissions from the remaining plants covered by the plan. 4. The transitional national plan shall also contain provisions on monitoring and reporting that comply with the implementing rules established in accordance with Article 41(b), as well as the measures foreseen for each of the plants in order to ensure timely compliance with the emission limit values that will apply from 1 July 2020. 5. Not later than 1 January 2013, Member States shall communicate their transitional national plans to the Commission. The Commission shall evaluate the plans and, where the Commission has raised no objections within 12 months of receipt of a plan, the Member State concerned shall consider its plan to be accepted. When the Commission considers a plan not to be in accordance with the implementing rules established in accordance with Article 41(b), it shall inform the Member State concerned that its plan cannot be accepted. In relation to the evaluation of a new version of a plan which a Member State communicates to the Commission, the time period referred to in the second subparagraph shall be 6 months. 6. Member States shall inform the Commission of any subsequent changes to the plan.
Article 33 Limited life time derogation
2. At the latest on 1 January 2016, each Member State shall communicate to the Commission a list of any combustion plants to which paragraph 1 applies, including their total rated thermal input, the fuel types used and the applicable emission limit values for sulphur dioxide, nitrogen oxides and dust. For plants subject to paragraph 1, Member States shall communicate annually to the Commission a record of the number of operating hours since 1 January 2016. 3. In case of a combustion plant being, on 6 January 2011, part of a small isolated system and accounting at that date for at least 35 % of the electricity supply within that system, which is unable, due to its technical characteristics, to comply with the emission limit values referred to in Article 30(2), the number of operating hours referred to in paragraph 1(a) of this Article shall be 18 000 , starting from 1 January 2020 and ending no later than 31 December 2023, and the date referred to in paragraph 1(b) and paragraph 2 of this Article shall be 1 January 2020. 4. In case of a combustion plant with a total rated thermal input of more than 1 500 MW which started operating before 31 December 1986 and fires indigenous solid fuel with a net calorific value of less than 5 800 kJ/kg, a moisture content greater than 45 % by weight, a combined moisture and ash content greater than 60 % by weight and a calcium oxide content in ash greater than 10 %, the number of operating hours referred to in paragraph 1(a) shall be 32 000 .
Article 34 Small isolated systems
1. Until 31 December 2019, combustion plants being, on 6 January 2011, part of a small isolated system may be exempted from compliance with the emission limit values referred to in Article 30(2) and the rates of desulphurisation referred to in Article 31, where applicable. Until 31 December 2019, the emission limit values set out in the permits of these combustion plants, pursuant in particular to the requirements of Directives 2001/80/EC and 2008/1/EC, shall at least be maintained. 2. Combustion plants with a total rated thermal input of more than 500 MW firing solid fuels, which were granted the first permit after 1 July 1987, shall comply with the emission limit values for nitrogen oxides set out in Part 1 of Annex V. 3. Where there are, on the territory of a Member State combustion plants covered by this Chapter that are part of a small isolated system, that Member State shall report to the Commission before 7 January 2013 a list of those combustion plants, the total annual energy consumption of the small isolated system and the amount of energy obtained through interconnection with other systems.
Article 35 District heating plants
2. At the latest on 1 January 2016, each Member State shall communicate to the Commission a list of any combustion plants to which paragraph 1 applies, including their total rated thermal input, the fuel types used and the applicable emission limit values for sulphur dioxide, nitrogen oxides and dust. In addition, Member States shall, for any combustion plants to which paragraph 1 applies and during the period mentioned in that paragraph, inform the Commission annually of the proportion of useful heat production of each plant which was delivered in the form of steam or hot water to a public network for district heating, expressed as a rolling average over the preceding 5 years.
Article 36 Geological storage of carbon dioxide
2. If the conditions laid down in paragraph 1 are met, the competent authority shall ensure that suitable space on the installation site for the equipment necessary to capture and compress carbon dioxide is set aside. The competent authority shall determine whether the conditions are met on the basis of the assessment referred to in paragraph 1 and other available information, particularly concerning the protection of the environment and human health.
Article 37 Malfunction or breakdown of the abatement equipment
1. Member States shall ensure that provision is made in the permits for procedures relating to malfunction or breakdown of the abatement equipment. 2. In the case of a breakdown, the competent authority shall require the operator to reduce or close down operations if a return to normal operation is not achieved within 24 hours, or to operate the plant using low polluting fuels. The operator shall notify the competent authority within 48 hours after the malfunction or breakdown of the abatement equipment. The cumulative duration of unabated operation shall not exceed 120 hours in any 12-month period. The competent authority may grant a derogation from the time limits set out in the first and third subparagraphs in one of the following cases: (a) there is an overriding need to maintain energy supplies; (b) the combustion plant with the breakdown would be replaced for a limited period by another plant which would cause an overall increase in emissions.
Article 38 Monitoring of emissions into air
1. Member States shall ensure that the monitoring of air polluting substances is carried out in accordance with Part 3 of Annex V. 2. The installation and functioning of the automated monitoring equipment shall be subject to control and to annual surveillance tests as set out in Part 3 of Annex V. 3. The competent authority shall determine the location of the sampling or measurement points to be used for the monitoring of emissions. 4. All monitoring results shall be recorded, processed and presented in such a way as to enable the competent authority to verify compliance with the operating conditions and emission limit values which are included in the permit.
Article 39 Compliance with emission limit values
The emission limit values for air shall be regarded as being complied with if the conditions set out in Part 4 of Annex V are fulfilled.
Article 40 Multi-fuel firing combustion plants
3. In the case of multi-fuel firing combustion plants covered by Article 30(2), which use the distillation and conversion residues from the refining of crude-oil for own consumption, alone or with other fuels, the average emission limit values for sulphur dioxide set out in Part 7 of Annex V may be applied instead of the emission limit values set according to paragraphs 1 or 2 of this Article.
Article 41 Implementing rules
Implementing rules shall be established concerning: (a) the determination of the start-up and shut-down periods referred to in point 27 of Article 3 and in point 1 of Part 4 of Annex V; and (b) the transitional national plans referred to in Article 32 and, in particular, the setting of emission ceilings and related monitoring and reporting. Those implementing rules shall be adopted in accordance with the regulatory procedure referred to in Article 75(2). The Commission shall make appropriate proposals not later than 7 July 2011.
Article 42 Scope
1. This Chapter shall apply to waste incineration plants and waste co-incineration plants which incinerate or co-incinerate solid or liquid waste. This Chapter shall not apply to gasification or pyrolysis plants, if the gases resulting from this thermal treatment of waste are purified to such an extent that they are no longer a waste prior to their incineration and they can cause emissions no higher than those resulting from the burning of natural gas. For the purposes of this Chapter, waste incineration plants and waste co-incineration plants shall include all incineration lines or co-incineration lines, waste reception, storage, on site pretreatment facilities, waste-, fuel- and air-supply systems, boilers, facilities for the treatment of waste gases, on-site facilities for treatment or storage of residues and waste water, stacks, devices and systems for controlling incineration or co-incineration operations, recording and monitoring incineration or co-incineration conditions. If processes other than oxidation, such as pyrolysis, gasification or plasma process, are applied for the thermal treatment of waste, the waste incineration plant or waste co-incineration plant shall include both the thermal treatment process and the subsequent incineration process. If waste co-incineration takes place in such a way that the main purpose of the plant is not the generation of energy or production of material products but rather the thermal treatment of waste, the plant shall be regarded as a waste incineration plant.
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 42 Scope):
1. This Chapter shall apply to waste incineration plants and waste co-incineration plants which incinerate or co-incinerate solid or liquid waste. This Chapter shall not apply to gasification or pyrolysis plants, if the gases or liquids resulting from such thermal treatment of waste are treated prior to their incineration to such an extent that: (a) the incineration causes emissions lower than the combustion of the least polluting fuels available on the market that could be combusted in the installation; (b) for emissions other than nitrogen oxides, sulphur oxides and dust, the incineration does not cause emissions higher than those from incineration or co-incineration of waste. For the purposes of this Chapter, waste incineration plants and waste co-incineration plants shall include all incineration lines or co-incineration lines, waste reception, storage, on site pretreatment facilities, waste-, fuel- and air-supply systems, boilers, facilities for the treatment of waste gases, on-site facilities for treatment or storage of residues and waste water, stacks, devices and systems for controlling incineration or co-incineration operations, recording and monitoring incineration or co-incineration conditions. If processes other than oxidation, such as pyrolysis, gasification or plasma process, are applied for the thermal treatment of waste, the waste incineration plant or waste co-incineration plant shall include both the thermal treatment process and the subsequent incineration process. If waste co-incineration takes place in such a way that the main purpose of the plant is not the generation of energy or production of material products but rather the thermal treatment of waste, the plant shall be regarded as a waste incineration plant.
Article 43 Definition of residue
For the purposes of this Chapter, ‘residue’ shall mean any liquid or solid waste which is generated by a waste incineration plant or waste co-incineration plant.
Article 44 Applications for permits
An application for a permit for a waste incineration plant or waste co-incineration plant shall include a description of the measures which are envisaged to guarantee that the following requirements are met: (a) the plant is designed, equipped and will be maintained and operated in such a manner that the requirements of this Chapter are met taking into account the categories of waste to be incinerated or co-incinerated; (b) the heat generated during the incineration and co-incineration process is recovered as far as practicable through the generation of heat, steam or power; (c) the residues will be minimised in their amount and harmfulness and recycled where appropriate; (d) the disposal of the residues which cannot be prevented, reduced or recycled will be carried out in conformity with national and Union law.
Article 45 Permit conditions
2. In addition to the requirements set out in paragraph 1, the permit granted to a waste incineration plant or waste co-incineration plant using hazardous waste shall include the following: (a) a list of the quantities of the different categories of hazardous waste which may be treated; (b) the minimum and maximum mass flows of those hazardous wastes, their lowest and maximum calorific values and their maximum contents of polychlorinated biphenyls, pentachlorophenol, chlorine, fluorine, sulphur, heavy metals and other polluting substances. 3. Member States may list the categories of waste to be included in the permit which can be co-incinerated in certain categories of waste co-incineration plants. 4. The competent authority shall periodically reconsider and, where necessary, update permit conditions.
Article 46 Control of emissions
1. Waste gases from waste incineration plants and waste co-incineration plants shall be discharged in a controlled way by means of a stack the height of which is calculated in such a way as to safeguard human health and the environment. 2. Emissions into air from waste incineration plants and waste co-incineration plants shall not exceed the emission limit values set out in parts 3 and 4 of Annex VI or determined in accordance with Part 4 of that Annex. If in a waste co-incineration plant more than 40 % of the resulting heat release comes from hazardous waste, or the plant co-incinerates untreated mixed municipal waste, the emission limit values set out in Part 3 of Annex VI shall apply. 3. Discharges to the aquatic environment of waste water resulting from the cleaning of waste gases shall be limited as far as practicable and the concentrations of polluting substances shall not exceed the emission limit values set out in Part 5 of Annex VI. 4. The emission limit values shall apply at the point where waste waters from the cleaning of waste gases are discharged from the waste incineration plant or waste co-incineration plant. When waste waters from the cleaning of waste gases are treated outside the waste incineration plant or waste co-incineration plant at a treatment plant intended only for the treatment of this sort of waste water, the emission limit values set out in Part 5 of Annex VI shall be applied at the point where the waste waters leave the treatment plant. Where the waste water from the cleaning of waste gases is treated collectively with other sources of waste water, either on site or off site, the operator shall make the appropriate mass balance calculations, using the results of the measurements set out in point 3 of Part 6 of Annex VI in order to determine the emission levels in the final waste water discharge that can be attributed to the waste water arising from the cleaning of waste gases. Under no circumstances shall dilution of waste water take place for the purpose of complying with the emission limit values set out in Part 5 of Annex VI. 5. Waste incineration plant sites and waste co-incineration plant sites, including associated storage areas for waste, shall be designed and operated in such a way as to prevent the unauthorised and accidental release of any polluting substances into soil, surface water and groundwater. Storage capacity shall be provided for contaminated rainwater run-off from the waste incineration plant site or waste co-incineration plant site or for contaminated water arising from spillage or fire-fighting operations. The storage capacity shall be adequate to ensure that such waters can be tested and treated before discharge where necessary. 6. Without prejudice to Article 50(4)(c), the waste incineration plant or waste co-incineration plant or individual furnaces being part of a waste incineration plant or waste co-incineration plant shall under no circumstances continue to incinerate waste for a period of more than 4 hours uninterrupted where emission limit values are exceeded. The cumulative duration of operation in such conditions over 1 year shall not exceed 60 hours. The time limit set out in the second subparagraph shall apply to those furnaces which are linked to one single waste gas cleaning device.
Article 47 Breakdown
In the case of a breakdown, the operator shall reduce or close down operations as soon as practicable until normal operations can be restored.
Article 48 Monitoring of emissions
1. Member States shall ensure that the monitoring of emissions is carried out in accordance with Parts 6 and 7 of Annex VI. 2. The installation and functioning of the automated measuring systems shall be subject to control and to annual surveillance tests as set out in point 1 of Part 6 of Annex VI. 3. The competent authority shall determine the location of the sampling or measurement points to be used for monitoring of emissions. 4. All monitoring results shall be recorded, processed and presented in such a way as to enable the competent authority to verify compliance with the operating conditions and emission limit values which are included in the permit. 5. As soon as appropriate measurement techniques are available within the Union, the Commission shall, by means of delegated acts in accordance with Article 76 and subject to the conditions laid down in Articles 77 and 78, set the date from which continuous measurements of emissions into the air of heavy metals and dioxins and furans are to be carried out.
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 48 Monitoring of emissions):
1. Member States shall ensure that monitoring of emissions is carried out in accordance with Parts 6 and 7 of Annex VI. Emissions to air from waste incineration and co-incineration plants shall also be monitored during other than normal operating conditions. Emissions during start-up and shutdown while no waste is being incinerated, including emissions of PCDD/F and dioxin-like PCBs, shall be estimated based on measurement campaigns, carried out at regular intervals, such as every three years, carried out during planned start-up or shutdown operations. Emissions of PCDD/F and dioxin-like PCBs shall as far as possible be prevented or minimised. 2. The installation and functioning of the automated measuring systems shall be subject to control and to annual surveillance tests as set out in point 1 of Part 6 of Annex VI. 3. The competent authority shall determine the location of the sampling or measurement points to be used for monitoring of emissions. 4. All monitoring results shall be recorded, processed and presented in such a way as to enable the competent authority to verify compliance with the operating conditions and emission limit values which are included in the permit. 5. As soon as appropriate measurement techniques are available within the Union, the Commission shall, by means of delegated acts in accordance with Article 76 and subject to the conditions laid down in Articles 77 and 78, set the date from which continuous measurements of emissions into the air of heavy metals and dioxins and furans are to be carried out.
Article 49 Compliance with emission limit values
The emission limit values for air and water shall be regarded as being complied with if the conditions described in Part 8 of Annex VI are fulfilled.
Article 50 Operating conditions
1. Waste incineration plants shall be operated in such a way as to achieve a level of incineration such that the total organic carbon content of slag and bottom ashes is less than 3 % or their loss on ignition is less than 5 % of the dry weight of the material. If necessary, waste pre-treatment techniques shall be used. 2. Waste incineration plants shall be designed, equipped, built and operated in such a way that the gas resulting from the incineration of waste is raised, after the last injection of combustion air, in a controlled and homogeneous fashion and even under the most unfavourable conditions, to a temperature of at least 850 °C for at least two seconds. Waste co-incineration plants shall be designed, equipped, built and operated in such a way that the gas resulting from the co-incineration of waste is raised in a controlled and homogeneous fashion and even under the most unfavourable conditions, to a temperature of at least 850 °C for at least two seconds. If hazardous waste with a content of more than 1 % of halogenated organic substances, expressed as chlorine, is incinerated or co-incinerated, the temperature required to comply with the first and second subparagraphs shall be at least 1 100 °C. In waste incineration plants, the temperatures set out in the first and third subparagraphs shall be measured near the inner wall of the combustion chamber. The competent authority may authorise the measurements at another representative point of the combustion chamber. 3. Each combustion chamber of a waste incineration plant shall be equipped with at least one auxiliary burner. This burner shall be switched on automatically when the temperature of the combustion gases after the last injection of combustion air falls below the temperatures set out in paragraph 2. It shall also be used during plant start-up and shut-down operations in order to ensure that those temperatures are maintained at all times during these operations and as long as unburned waste is in the combustion chamber. The auxiliary burner shall not be fed with fuels which can cause higher emissions than those resulting from the burning of gas oil as defined in Article 2(2) of Council Directive 1999/32/EC of 26 April 1999 relating to a reduction in the sulphur content of certain liquid fuels ( 36 ), liquefied gas or natural gas. 5. Any heat generated by waste incineration plants or waste co-incineration plants shall be recovered as far as practicable. 6. Infectious clinical waste shall be placed straight in the furnace, without first being mixed with other categories of waste and without direct handling. 7. Member States shall ensure that the waste incineration plant or waste co-incineration plant is operated and controlled by a natural person who is competent to manage the plant.
Article 51 Authorisation to change operating conditions
1. Conditions different from those laid down in Article 50(1), (2) and (3) and, as regards the temperature, paragraph 4 of that Article and specified in the permit for certain categories of waste or for certain thermal processes, may be authorised by the competent authority provided the other requirements of this Chapter are met. Member States may lay down rules governing these authorisations. 2. For waste incineration plants, the change of the operating conditions shall not cause more residues or residues with a higher content of organic polluting substances compared to those residues which could be expected under the conditions laid down in Article 50(1), (2) and (3). 3. Emissions of total organic carbon and carbon monoxide from waste co-incineration plants, authorised to change operating conditions according to paragraph 1 shall also comply with the emission limit values set out in Part 3 of Annex VI. Emissions of total organic carbon from bark boilers within the pulp and paper industry co-incinerating waste at the place of its production which were in operation and had a permit before 28 December 2002 and which are authorised to change operating conditions according to paragraph 1 shall also comply with the emission limit values set out in Part 3 of Annex VI. 4. Member States shall communicate to the Commission all operating conditions authorised under paragraphs 1, 2 and 3 and the results of verifications made as part of the information provided in accordance with the reporting requirements under Article 72.
Article 52 Delivery and reception of waste
1. The operator of the waste incineration plant or waste co-incineration plant shall take all necessary precautions concerning the delivery and reception of waste in order to prevent or to limit as far as practicable the pollution of air, soil, surface water and groundwater as well as other negative effects on the environment, odours and noise, and direct risks to human health. 2. The operator shall determine the mass of each type of waste, if possible according to the European Waste List established by Decision 2000/532/EC, prior to accepting the waste at the waste incineration plant or waste co-incineration plant. 5. The competent authority may grant exemptions from paragraphs 2, 3 and 4 to waste incineration plants or waste co-incineration plants which are a part of an installation covered by Chapter II and only incinerate or co-incinerate waste generated within that installation.
Article 53 Residues
1. Residues shall be minimised in their amount and harmfulness. Residues shall be recycled, where appropriate, directly in the plant or outside. 2. Transport and intermediate storage of dry residues in the form of dust shall take place in such a way as to prevent dispersal of those residues in the environment. 3. Prior to determining the routes for the disposal or recycling of the residues, appropriate tests shall be carried out to establish the physical and chemical characteristics and the polluting potential of the residues. Those tests shall concern the total soluble fraction and heavy metals soluble fraction.
Article 54 Substantial change
A change of operation of a waste incineration plant or a waste co-incineration plant treating only non-hazardous waste in an installation covered by Chapter II which involves the incineration or co-incineration of hazardous waste shall be regarded as a substantial change.
Article 55 Reporting and public information on waste incineration plants and waste co-incineration plants
1. Applications for new permits for waste incineration plants and waste co-incineration plants shall be made available to the public at one or more locations for an appropriate period to enable the public to comment on the applications before the competent authority reaches a decision. That decision, including at least a copy of the permit, and any subsequent updates, shall also be made available to the public. 2. For waste incineration plants or waste co-incineration plants with a nominal capacity of 2 tonnes or more per hour, the report referred to in Article 72 shall include information on the functioning and monitoring of the plant and give account of the running of the incineration or co-incineration process and the level of emissions into air and water in comparison with the emission limit values. That information shall be made available to the public. 3. A list of waste incineration plants or waste co-incineration plants with a nominal capacity of less than 2 tonnes per hour shall be drawn up by the competent authority and shall be made available to the public.
Article 56 Scope
This chapter shall apply to activities listed in Part 1 of Annex VII and, where applicable, reaching the consumption thresholds set out in Part 2 of that Annex.
Article 57 Definitions
For the purposes of this Chapter, the following definitions shall apply: (1) ‘existing installation’ means an installation in operation on 29 March 1999 or which was granted a permit or registered before 1 April 2001 or the operator of which submitted a complete application for a permit before 1 April 2001, provided that that installation was put in operation no later than 1 April 2002; (2) ‘waste gases’ means the final gaseous discharge containing volatile organic compounds or other pollutants from a stack or abatement equipment into air; (3) ‘fugitive emissions’ means any emissions not in waste gases of volatile organic compounds into air, soil and water as well as solvents contained in any products, unless otherwise stated in Part 2 of Annex VII; (4) ‘total emissions’ means the sum of fugitive emissions and emissions in waste gases; (6) ‘adhesive’ means any mixture, including all the organic solvents or mixtures containing organic solvents necessary for its proper application, which is used to adhere separate parts of a product; (7) ‘ink’ means a mixture, including all the organic solvents or mixtures containing organic solvents necessary for its proper application, which is used in a printing activity to impress text or images on to a surface; (8) ‘varnish’ means a transparent coating; (9) ‘consumption’ means the total input of organic solvents into an installation per calendar year, or any other 12-month period, less any volatile organic compounds that are recovered for re-use; (10) ‘input’ means the quantity of organic solvents and their quantity in mixtures used when carrying out an activity, including the solvents recycled inside and outside the installation, and which are counted every time they are used to carry out the activity; (11) ‘re-use’ means the use of organic solvents recovered from an installation for any technical or commercial purpose and including use as a fuel but excluding the final disposal of such recovered organic solvent as waste; (12) ‘contained conditions’ means conditions under which an installation is operated so that the volatile organic compounds released from the activity are collected and discharged in a controlled way either via a stack or abatement equipment and are, therefore, not entirely fugitive; (13) ‘start-up and shut-down operations’ means operations excluding regularly oscillating activity phases whilst bringing an activity, an equipment item or a tank into or out of service or into or out of an idling state.
Article 58 Substitution of hazardous substances
Substances or mixtures which, because of their content of volatile organic compounds classified as carcinogens, mutagens, or toxic to reproduction under Regulation (EC) No 1272/2008, are assigned or need to carry the hazard statements H340, H350, H350i, H360D or H360F, shall be replaced, as far as possible by less harmful substances or mixtures within the shortest possible time.
Article 59 Control of emissions
2. By way of derogation from paragraph 1(a), where the operator demonstrates to the competent authority that for an individual installation the emission limit value for fugitive emissions is not technically and economically feasible, the competent authority may allow emissions to exceed that emission limit value provided that significant risks to human health or the environment are not to be expected and that the operator demonstrates to the competent authority that the best available techniques are being used. 3. By way of derogation from paragraph 1, for coating activities covered by item 8 of the table in Part 2 of Annex VII which cannot be carried out under contained conditions, the competent authority may allow the emissions of the installation not to comply with the requirements set out in that paragraph if the operator demonstrates to the competent authority that such compliance is not technically and economically feasible and that the best available techniques are being used. 4. Member States shall report to the Commission on the derogations referred to in paragraphs 2 and 3 of this Article in accordance with Article 72(2). 5. The emissions of either volatile organic compounds which are assigned or need to carry the hazard statements H340, H350, H350i, H360D or H360F or halogenated volatile organic compounds which are assigned or need to carry the hazard statements H341 or H351, shall be controlled under contained conditions as far as technically and economically feasible to safeguard public health and the environment and shall not exceed the relevant emission limit values set out in Part 4 of Annex VII. 7. All appropriate precautions shall be taken to minimise emissions of volatile organic compounds during start-up and shut-down operations.
Article 60 Monitoring of emissions
Member States shall, either by specification in the permit conditions or by general binding rules, ensure that measurements of emissions are carried out in accordance with Part 6 of Annex VII.
Article 61 Compliance with emission limit values
The emission limit values in waste gases shall be regarded as being complied with if the conditions set out in Part 8 of Annex VII are fulfilled.
Article 62 Reporting on compliance
The operator shall supply the competent authority, on request, with data enabling the competent authority to verify compliance with either of the following: (a) emission limit values in waste gases, fugitive emission limit values and total emission limit values; (b) the requirements of the reduction scheme under Part 5 of Annex VII; (c) the derogations granted in accordance with Article 59(2) and (3). This may include a solvent management plan prepared in accordance with Part 7 of Annex VII.
Article 63 Substantial change to existing installations
1. A change of the maximum mass input of organic solvents by an existing installation averaged over 1 day, where the installation is operated at its design output under conditions other than start-up and shut-down operations and maintenance of equipment, shall be considered as substantial if it leads to an increase of emissions of volatile organic compounds of more than: (a) 25 % for an installation carrying out either activities which fall within the lower threshold band of items 1, 3, 4, 5, 8, 10, 13, 16 or 17 of the table in Part 2 of Annex VII or, activities which fall under one of the other items of Part 2 of Annex VII, and with a solvent consumption of less than 10 tonnes per year; (b) 10 % for all other installations. 2. Where an existing installation undergoes a substantial change, or falls within the scope of this Directive for the first time following a substantial change, that part of the installation which undergoes the substantial change shall be treated either as a new installation or as an existing installation, provided that the total emissions of the whole installation do not exceed those that would have resulted had the substantially changed part been treated as a new installation. 3. In case of a substantial change, the competent authority shall check compliance of the installation with the requirements of this Directive.
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 63 Substantial change to existing installations):
1. A change of the maximum mass input of organic solvents by an existing installation averaged over 1 day, where the installation is operated at its design output under conditions other than start-up and shut-down operations and maintenance of equipment, shall be considered as substantial if it leads to an increase of emissions of volatile organic compounds of more than: (a) 25 % for an installation carrying out either activities which fall within the lower threshold band of items 1, 3, 4, 5, 8, 10, 13, 16 or 17 of the table in Part 2 of Annex VII or, activities which fall under one of the other items of Part 2 of Annex VII, and with a solvent consumption of less than 10 tonnes per year; (b) 10 % for all other installations. 2. Where an existing installation undergoes a substantial change, or falls within the scope of this Directive for the first time following a substantial change, that part of the installation which undergoes the substantial change shall be treated as a new installation. 3. In case of a substantial change, the competent authority shall check compliance of the installation with the requirements of this Directive.
Article 64 Exchange of information on substitution of organic solvents
The Commission shall organise an exchange of information with the Member States, the industry concerned and non-governmental organisations promoting environmental protection on the use of organic solvents and their potential substitutes and techniques which have the least potential effects on air, water, soil, ecosystems and human health. The exchange of information shall be organised on all of the following: (a) fitness for use; (b) potential effects on human health and occupational exposure in particular; (c) potential effects on the environment; (d) the economic consequences, in particular the costs and benefits of the options available.
Article 65 Access to information
1. The decision of the competent authority, including at least a copy of the permit, and any subsequent updates, shall be made available to the public. The general binding rules applicable for installations and the list of installations subject to permitting and registration shall be made available to the public. 2. The results of the monitoring of emissions as required under Article 60 and held by the competent authority shall be made available to the public. 3. Paragraphs 1 and 2 of this Article shall apply, subject to the restrictions laid down in Article 4(1) and (2) of Directive 2003/4/EC.
Article 66 Scope
This Chapter shall apply to installations producing titanium dioxide.
Article 67 Prohibition of the disposal of waste
Member States shall prohibit the disposal of the following waste into any water body, sea or ocean: (a) solid waste; (b) the mother liquors arising from the filtration phase following hydrolysis of the titanyl sulphate solution from installations applying the sulphate process; including the acid waste associated with such liquors, containing overall more than 0,5 % free sulphuric acid and various heavy metals and including such mother liquors which have been diluted until they contain 0,5 % or less free sulphuric acid; (c) waste from installations applying the chloride process containing more than 0,5 % free hydrochloric acid and various heavy metals, including such waste which has been diluted until it contains 0,5 % or less free hydrochloric acid; (d) filtration salts, sludges and liquid waste arising from the treatment (concentration or neutralisation) of the waste mentioned under points (b) and (c) and containing various heavy metals, but not including neutralised and filtered or decanted waste containing only traces of heavy metals and which, before any dilution, has a pH value above 5,5.
Article 68 Control of emissions into water
Emissions from installations into water shall not exceed the emission limit values set out in Part 1 of Annex VIII.
Article 69 Prevention and control of emissions into air
1. The emission of acid droplets from installations shall be prevented. 2. Emissions into air from installations shall not exceed the emission limit values set out in Part 2 of Annex VIII.
Article 70 Monitoring of emissions
1. Member States shall ensure the monitoring of emissions into water in order to enable the competent authority to verify compliance with the permit conditions and Article 68. 2. Member States shall ensure the monitoring of emissions into air in order to enable the competent authority to verify compliance with the permit conditions and Article 69. Such monitoring shall include at least monitoring of emissions as set out in Part 3 of Annex VIII. 3. Monitoring shall be carried out in accordance with 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.
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 70 Monitoring of emissions):
1. Member States shall ensure the monitoring of emissions into water in order to enable the competent authority to verify compliance with the permit conditions and Article 68. 2. Member States shall ensure the monitoring of emissions into air in order to enable the competent authority to verify compliance with the permit conditions and Article 69. Such monitoring shall include at least monitoring of emissions as set out in Part 3 of Annex VIII. 3. Monitoring shall be carried out, and the quality assurance system of the laboratory performing the monitoring shall be, in accordance with 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.
Article 71 Competent authorities
Member States shall designate the competent authorities responsible for carrying out the obligations arising from this Directive.
Article 72 Reporting by Member States
1. Member States shall ensure that information is made available to the Commission on the implementation of this Directive, on representative data on emissions and other forms of pollution, on emission limit values, on the application of best available techniques in accordance with Articles 14 and 15, in particular on the granting of exemptions in accordance with Article 15(4), and on progress made concerning the development and application of emerging techniques in accordance with Article 27. Member States shall make the information available in an electronic format. 2. The type, format and frequency of information to be made available pursuant to paragraph 1 shall be established in accordance with the regulatory procedure referred to in Article 75(2). This shall include the determination of the specific activities and pollutants for which data referred to in paragraph 1 shall be made available.
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 72 Reporting by Member States):
1. Member States shall ensure that information is made available to the Commission on the implementation of this Directive, on representative data on emissions and other forms of pollution, on emission limit values, on the application of best available techniques in accordance with Articles 14 and 15, in particular on the granting of exemptions in accordance with Article 15(4), and on progress made concerning the development and application of emerging techniques in accordance with Article 27. Member States shall make the information available in an electronic format. 2. The type, format and frequency of information to be made available pursuant to paragraph 1 of this Article shall be established in accordance with the regulatory procedure referred to in Article 75(2). The implementing decision establishing the type, format and frequency of information to be made available pursuant to paragraph 1 of this Article shall be updated whenever necessary and not later than 5 August 2026.
Article 73 Review
3. The Commission shall report to the European Parliament and the Council, by 31 December 2011, on the establishment in Annex I of: (a) differentiated capacity thresholds for the rearing of different poultry species, including the specific case of quail; (b) capacity thresholds for the simultaneous rearing of different types of animals within the same installation. The Commission shall report the results of that review to the European Parliament and to the Council accompanied by a legislative proposal where appropriate.
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 73 Review):
3. The Commission shall, using an evidence-based methodology and taking into account the specificities of the sector, assess the need for Union action to: (a) comprehensively address the emissions from the rearing of livestock within the Union, in particular from cattle; and (b) further achieve the objective of global environmental protection with respect to products placed on the Union market, through the prevention and control of emissions from livestock farming, and in a manner consistent with the Union’s international obligations. The Commission shall report the results of that assessment by 31 December 2026 to the European Parliament and the Council. The report shall be accompanied by a legislative proposal where appropriate.
Article 74 Amendments of Annexes
In order to allow the provisions of this Directive to be adapted to scientific and technical progress on the basis of best available techniques, the Commission shall adopt delegated acts in accordance with Article 76 and subject to the conditions laid down in Articles 77 and 78 as regards the adaptation of Parts 3 and 4 of Annex V, Parts 2, 6, 7 and 8 of Annex VI and Parts 5, 6, 7 and 8 of Annex VII to such scientific and technical progress.
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 74 Amendments of Annexes):
1. In order to allow the provisions of this Directive to be adapted to scientific and technical progress on the basis of best available techniques, the Commission shall adopt delegated acts in accordance with Article 76 as regards the adaptation of Parts 3 and 4 of Annex V, Parts 2, 6, 7 and 8 of Annex VI and Parts 5, 6, 7 and 8 of Annex VII to such scientific and technical progress. 2. The Commission shall carry out appropriate consultation with stakeholders before adopting a delegated act in accordance with this Article. The Commission shall make public relevant studies and analyses used in the preparation of a delegated act adopted in accordance with this Article, at the latest upon the adoption of the delegated act.
Article 75 Committee procedure
1. The Commission shall be assisted by a committee. 2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof. The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at 3 months.
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 75 Committee procedure):
1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. 2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
Article 76 Exercise of the delegation
1. The power to adopt the delegated acts referred to in Article 48(5) and Article 74 shall be conferred on the Commission for a period of 5 years from 6 January 2011. The Commission shall draw up a report in respect of the delegated power at the latest 6 months before the end of the five-year period. The delegation of power shall be automatically extended for periods of an identical duration, unless the European Parliament or the Council revokes it in accordance with Article 77. 2. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 3. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in Articles 77 and 78.
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 76 Exercise of the delegation):
1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 27d, Article 48(5), and Article 74 shall be conferred on the Commission for a period of 5 years from 1 August 2024. The Commission shall draw up a report in respect of the delegation of power not later than 9 months before the end of the 5 year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than 3 months before the end of each period. 3. The delegation of power referred to in Article 27d, Article 48(5), and Article 74 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6. A delegated act adopted pursuant to Article 27d, Article 48(5) or Article 74 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of 2 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months at the initiative of the European Parliament or of the Council.
Article 77 Revocation of the delegation
1. The delegation of power referred to in Article 48(5) and Article 74 may be revoked at any time by the European Parliament or by the Council. 2. The institution which has commenced an internal procedure for deciding whether to revoke a delegation of power shall endeavour to inform the other institution and the Commission within a reasonable time before the final decision is taken, indicating the delegated power which could be subject to revocation and possible reasons for a revocation. 3. The decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect immediately or on a later date specified therein. It shall not affect the validity of the delegated acts already in force. It shall be published in the Official Journal of the European Union .
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 78 Objections to delegated acts
1. The European Parliament or the Council may object to a delegated act within a period of 2 months from the date of notification. At the initiative of the European Parliament or the Council that period shall be extended by 2 months. 2. If, on expiry of the period referred to in paragraph 1, neither the European Parliament nor the Council has objected to the delegated act, it shall be published in the Official Journal of the European Union and shall enter into force on the date stated therein. The delegated act may be published in the Official Journal of the European Union and enter into force before the expiry of that period if the European Parliament and the Council have both informed the Commission of their intention not to raise objections. 3. If either the European Parliament or the Council objects to the delegated act within the period referred to in paragraph 1, it shall not enter into force. The institution which objects shall state the reasons for objecting to the delegated act.
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 79 Penalties
Member States shall determine penalties applicable to infringements of the national provisions adopted pursuant to this Directive. The penalties thus provided for shall be effective, proportionate and dissuasive. Member States shall notify those provisions to the Commission by 7 January 2013 and shall notify it without delay of any subsequent amendment affecting them.
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 79 Penalties):
1. Without prejudice to the obligations of Member States under Directive 2008/99/EC of the European Parliament and of the Council ( 22 ), Member States shall lay down rules on penalties applicable to infringements of national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. 2. The penalties referred to in paragraph 1 shall include administrative financial penalties that effectively deprive those that committed the infringement of the economic benefits derived from their infringements. For the most serious infringements committed by a legal person, the maximum amount of the administrative financial penalties referred to in the first subparagraph shall be at least 3 % of the annual Union turnover of the operator in the financial year preceding the year in which the fine is imposed. Member States may also, or alternatively, use criminal penalties, provided that they are equivalently effective, proportionate and dissuasive to the administrative financial penalties referred to in this Article. 4. Member States shall without undue delay notify the Commission of the rules and measures referred to in paragraph 1 and of any subsequent amendments affecting them.
Article 80 Transposition
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Article 2, points (8), (11) to (15), (18) to (23), (26) to (30), (34) to (38) and (41) of Article 3, Article 4(2) and (3), Article 7, Articles 8 and 10, Article 11(e) and (h), Article 12(1)(e) and (h), Article 13(7), point (ii) of Article 14(1)(c), points (d), (e), (f) and (h) of Article 14(1), Article 14(2) to (7), Article 15(2) to (5), Articles 16, 17 and 19, Article 21(2) to (5), Articles 22, 23, 24, 27, 28 and 29, Article 30(1), (2), (3), (4), (7) and (8), Articles 31, 32, 33, 34, 35, 36, 38 and 39, Article 40(2) and (3), Articles 42 and 43, Article 45(1), Article 58, Article 59(5), Article 63, Article 65(3), Articles 69, 70, 71, 72 and 79, and with the first subparagraph and points 1.1, 1.4, 2.5(b), 3.1, 4, 5, 6.1(c), 6.4(b), 6.10 and 6.11 of Annex I, Annex II, point 12 of Annex III, Annex V, point (b) of Part 1, points 2.2, 2.4, 3.1 and 3.2 of Part 4, points 2.5 and 2.6 of Part 6 and point 1.1(d) of Part 8 of Annex VI, point 2 of Part 4, point 1 of Part 5, point 3 of Part 7 of Annex VII, points 1 and 2(c) of Part 1, points 2 and 3 of Part 2 and Part 3 of Annex VIII by 7 January 2013. They shall apply those measures from that same date. When Member States adopt those measures, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States. 2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
Article 81 Repeal
1. Directives 78/176/EEC, 82/883/EEC, 92/112/EEC, 1999/13/EC, 2000/76/EC and 2008/1/EC, as amended by the acts listed in Annex IX, Part A are repealed with effect from 7 January 2014, without prejudice to the obligations of the Member States relating to the time limits for transposition into national law and application of the Directives set out in Annex IX, Part B. 2. Directive 2001/80/EC as amended by the acts listed in Annex IX, Part A is repealed with effect from 1 January 2016, without prejudice to the obligations of the Member States relating to the time limits for transposition into national law and application of the Directives set out in Annex IX, Part B. 3. References to the repealed Directives shall be construed as references to this Directive and shall be read in accordance with the correlation table set out in Annex X.
Article 82 Transitional provisions
3. In relation to combustion plants referred to in Article 30(2), Member States shall, from 1 January 2016, apply the laws, regulations and administrative provisions adopted in accordance with Article 80(1) to comply with Chapter III and Annex V. 4. In relation to combustion plants referred to in Article 30(3), Member States shall no longer apply Directive 2001/80/EC from 7 January 2013. 7. Article 58 shall apply from 1 June 2015. Until that date, substances or mixtures which, because of their content of volatile organic compounds classified as carcinogens, mutagens, or toxic to reproduction under Regulation (EC) No 1272/2008, are assigned or need to carry the hazard statements H340, H350, H350i, H360D or H360F or the risk phrases R45, R46, R49, R60 or R61, shall be replaced, as far as possible, by less harmful substances or mixtures within the shortest possible time. 8. Article 59(5) shall apply from 1 June 2015. Until that date, the emissions of either volatile organic compounds which are assigned or need to carry the hazard statements H340, H350, H350i, H360D or H360F or the risk phrases R45, R46, R49, R60 or R61 or halogenated volatile organic compounds which are assigned or need to carry the hazard statements H341 or H351 or the risk phrases R40 or R68, shall be controlled under contained conditions, as far as technically and economically feasible, to safeguard public health and the environment and shall not exceed the relevant emission limit values set out in Part 4 of Annex VII. 9. Point 2 of Part 4 of Annex VII shall apply from 1 June 2015. Until that date, for emissions of halogenated volatile organic compounds which are assigned or need to carry the hazard statements H341 or H351 or the risk phrases R40 or R68, where the mass flow of the sum of the compounds causing the hazard statements H341 or H351 or the labelling R40 or R68 is greater than, or equal to, 100 g/h, an emission limit value of 20 mg/Nm 3 shall be complied with. The emission limit value refers to the mass sum of the individual compounds.
Article 83 Entry into force
This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union .
Article 84 Addressees
This Directive is addressed to the Member States.