Changes from plenary report to adopted text

Change 22

ChangedArticle 1 – paragraph 1 – point 32, Article 79a – paragraph 4: 4. Where there is a claim for compensation in accordance with paragraph 1, supported by evidence,clear includingand relevantconsistent scientific data,data fromthat whichdemonstrate ita maycausality belink presumedbetween thatthe damage and the violationviolation, hasMember causedStates orshall contributedensure tothat thesuch damage,data Memberare Statesrecognised shallboth grantin thesubstantive personand responsibleprocedural forlaw theas violationevidence theand legalare rightgiven todue rebutweight by national courts, along with all other relevant evidence under national law and without prejudice to the presumption.rights of defence.

Directive 2010/75/EU

Article 1 – paragraph 1 – point 32, Article 79a – paragraph 4 a (new): 4a. Member States shall ensure that, where the claimant has provided reasonably available evidence to support a claim for compensation in accordance with paragraph 1, and has reasonably substantiated that additional evidence lies in the control of the defendant or a third party, if requested by the claimant, the court or administrative authority is able to order that such evidence be disclosed by the defendant or the third party in accordance with national procedural law, subject to the applicable Union and national rules on confidentiality and proportionality.

Directive 2010/75/EU

Change 23

ChangedArticle 1 – paragraph 1 – point 32, Article 79a – paragraph 5 a (new): 5a. For the purpose of this article,Article, ‘relevant“clear and consistent scientific data’data” means statistical, epidemiological and other scientific data demonstratingrelevant to the respective national court’s assessment of whether a statistically robust causal relationshiplink exists between certainspecific types of pollution and certainspecific health conditions. Member States shall create a centralised system for receiving, gathering and publishing clear and consistent scientific data on the causality links, taking into account both domestic and international research, impact factor considerations, peer-reviewed publications, university and research institutions rankings, degree of acceptance by the scientific community, satisfactory level of replication of results on causality links and its admissibility in legal procedures under this Directive.

Directive 2010/75/EU

Article 1 – paragraph 1 – point 32, Article 79a – paragraph 5 b (new): 5b. Member States shall submit relevant scientific data on the causality links between certain types of pollution and certain health conditions to the European Environmental Agency. The Agency shall incorporate the data after initial scrutiny of the scientific reliability of the sources into the Industrial Emission Portal established under Regulation (EU) ..../... (COM(2022)0157 – C9-0145/2022 – 2022/0105(COD)).

Directive 2010/75/EU

Change 24

AddedArticle 1 – paragraph 1 – point 33 a (new), Annex -Ia (new): (33a) Annex -Ia set out in Annex Ia to this Directive is inserted.

AddedDirective 2010/75/EU

Annex I – paragraph 1 – point -a (new), Annex I – point 1.2 a (new): (-a) In Annex I, paragraph 3, point 1.2 a is inserted: / 1.2a Onshore oil and fossil gas upstream exploration and production, fossil gas gathering and processing

Change 25

RemovedIn order to fully comply with the EU's Methane Pledge, upstream oil and gas installations must be in the scope of this Directive.

Directive 2010/75/EU

Annex I – paragraph 1 – point -a a (new), Annex I point 1.2 b (new): (-a a) In Annex I, paragraph 3, point 1.2 b is inserted: / 1.2b Offshore oil and fossil gas upstream exploration and production

Directive 2010/75/EU

Change 26

AddedAnnex I – paragraph 1 – point b, Annex I – point 2.3 – point aa: deleted

AddedDirective 2010/75/EU

AddedAnnex I – paragraph 1 – point b, Annex I – point 2.3 – point ab: deleted

AddedDirective 2010/75/EU

Annex I – paragraph 1 – point b, Annex I – point 2.3 – point b: (b) operation of smitheries with hammers the energy of which exceeds 50 kilojoule per hammer;

Change 27

RemovedThe addition of the activities as smitheries with hammers below 50 kilojoule is not necessary and not in line with the rules of the IED. The power to adopt delegated acts to amend Annex I by adding agro-industrial activities, as provided for in Article 74, requires an assessment based on the environmental, economic and social impacts of the activity to be added to show a favourable relationship between societal benefits and economic costs. Such an assessment is not available for the activities as smitheries with hammers below 50 kilojoule. The Commission itself concluded in its assessment of amending of annex I by extending activity 2.3 that it is uncertain whether further regulation of the added activities by the IED would lead to additional environmental improvements, despite introducing additional regulatory burden on operators and public authorities. Although these activities have been shown to produce emissions to air and water, it has not been proven that these emissions are highly polluting or relevant in the sense of article 74. 1 SWD(2020) 181 final, Evaluation of the Industrial Emissions Directive (IED) 2 “Gathering of complementary evidence for assessing the impacts of extending the scope of the IED to additional sectors”, Final Report, 2021

▸14 unchanged paragraphs

Directive 2010/75/EU

Annex I – paragraph 1 – point b, Annex I – point 2.3 – point b a: deleted

Directive 2010/75/EU

Annex I – paragraph 1 – point c, Annex I – point 2.7: 2.7. Manufacture of lithium-ion batteries, other than exclusively assembling cells into packs and modules, with a production capacity of 17, 500 tons of battery cells (cathode, anode, electrolyte, separator and capsule) or more per year.

Directive 2010/75/EU

Annex I – paragraph 1 – point d, Annex I – point 3.5 – point a: (a) a production capacity exceeding 75 tonnes per day, and/or

Directive 2010/75/EU

Annex I – paragraph 1 – point e, Annex I – point 3.6 – introductory part: 3.6. Extraction and treatment (operations such as comminution, size control, beneficiation and upgrading) of the following non-energy metalliferous minerals: bauxite, chromium, cobalt, copper, gold, silver, iron, lead, lithium, manganese, nickel, palladium, platinum, tin, tungsten and zinc.

Directive 2010/75/EU

Annex I – paragraph 1 – point e, Annex I – point 3.6 – point a: deleted

Directive 2010/75/EU

Annex I – paragraph 1 – point e, Annex I – point 3.6 – point b: deleted

Directive 2010/75/EU

Annex I – paragraph 1 – point e a (new), Annex I – point 4.2 – point a: (e a) In Annex I, point 4.2, point (a) is replaced by the following: / "(a) gases, such as ammonia, chlorine or hydrogen chloride, fluorine or hydrogen fluoride, carbon oxides, sulphur compounds, nitrogen oxides, hydrogen, except electrolysis of water for production of hydrogen where the hydrogen production capacity is below 50MW electricity input, sulphur dioxide, carbonyl chloride."

Removed(https://eur-lex.europa.eu/legal-content/FR/ALL/?uri=CELEX%3A32010L0075)

Directive 2010/75/EU

Change 28

ChangedAnnex I – paragraph 1 – point e b (new), Annex I – point 5.2 – pointintroductory b:part: In(e b)In Annex I, paragraph 3, subparagraph 3, point 5.2, pointthe bintroductory part is replaced by the following: / "Disposal or recovery of waste in waste incineration plants or in waste co-incineration plants except if the waste is exclusively composed of biomass as defined in Article 3(31)(b) of this Directive:

Change 29

Removed(Directive 2010/75/EC)

Removedclarification so that it is clear what falls under BAT conclusions for waste incineration and what falls under BAT conclusions for large combustion plants, which abide by different standards.

Directive 2010/75/EU

Annex I – paragraph 1 – point g, Annex I – point 5.3 – point a – point i: (i) biological treatment (such as anaerobic digestion or co-digestion);

Directive 2010/75/EU

Change 30

RemovedAnnex II, Annex Ia – point 1: 1. Rearing of pigs or poultry in installations of 200 livestock units (LSU) or more, excluding rearing carried out in the context of extensive farming as defined in this Directive. / Rearing of cattle in farms or installations of 300 livestock units (LSU) or more, excluding rearing carried out in the context of extensive farming as defined in this Directive.

Directive 2010/75/EU

Change 31

RemovedAnnex II, Annex Ia – point 2: 2. Rearing of any mix of the following animals: cattle pigs, poultry, in installations of 250 LSU or more, excluding rearing carried out in the context of extensive farming, as defined in this Directive. Where rearing of one of the above categories of animals is below 25 LSU, that category shall not be counted towards the final LSU of any rearing mix . / Member States shall ensure that the application of this provision is not used to circumvent the obligations set out in this Directive; / The approximate equivalent in LSU is based in line livestock unit coefficients as defined in the Integrated Farm Statistics Regulation (EU) 2018/1091 of the European Parliament and of the Council 1a on the following conversion rates: / Characteristic of animal / Under 1 year old / 1 yearor more but less than 2 years old / Male, 2 years old and over / Heifers, 2 years old and over / Dairy cows / Other cows, 2 years old and over / Piglets having a live weight of under 20 kg / Breeding sows weighing 50 kg and over / Other pigs / Broilers / Laying hens / Other poultry (turkeys, ducks, geese, ostriches, other poultry fowl n.e.c.) / Turkeys / Ducks / Geese / Ostriches and other poultry fowl n.e.c. / Ostriches / Other poultry fowl n.e.c.

AddedAnnex II, Annex I a: deleted / (deleted) / (deleted) / (deleted) / (deleted)

Removed_________

Removed_________________

Removed* Commission Implementing Regulation (EU) No 808/2014 of 17 July 2014 laying down rules for the application of Regulation (EU) No 1305/2013 of the European Parliament and of the Council on support for rural development by the European Agricultural Fund for Rural Development (OJ L 227, 31.07.2014, p.18).

Removed1a Regulation (EU) 2018/1091 of the European Parliament and of the Council of 18 July 2018 on integrated farm statistics and repealing Regulations (EC) No 1166/2008 and (EU) No 1337/2011 (OJ L 200, 7.8.2018, p. 1–29)

▸4 unchanged paragraphs

Directive 2010/75/EU

Annex III, Annex II – point 1.5: 1.5. Costs evaluated by the operator shall be assessed by the competent authority, based on information from other sources such as technology providers, peer-reviewed research, expert judgements or data from other plants where best available techniques were recently installed.

Directive 2010/75/EU

Annex III a (new), Annex III – point 2: in Annex III, point 2 is replaced by the following: / "2. the use of less hazardous substances, and other substances of very high concern;"

Removed(https://eur-lex.europa.eu/legal-content/FR/ALL/?uri=CELEX%3A32010L0075)

Directive 2010/75/EU

Annex III b (new), Annex III – point 5: In Annex III, point 5 is replaced by the following: / "5. technological advances, including digital tools, and changes in scientific knowledge and understanding;"

Removed(https://eur-lex.europa.eu/legal-content/FR/ALL/?uri=CELEX%3A32010L0075)

Directive 2010/75/EU