Changes from plenary report to adopted text

Article 1 – paragraph 1 – point 12, Article 15 – paragraph 1 – subparagraph 2 – point a: (a) the released polluting substances do not impede the operation of the waste water treatment plant or the capacity to recover resources from the waste water treatment stream;

Directive 2010/75/EU

Article 1 – paragraph 1 – point 12, Article 15 – paragraph 3 – subparagraph 1 – introductory part: Subject to the publication of new or amended BAT conclusions, after the transposition of this Directive in accordance with Article 21 (3), or when the permit is granted or updated pursuant to Article 21(5), or [ date of the first day of the month following 10 years after the date of entry into force of this Directive], whichever is the sooner and for operators which have filed for application of a permit after the date of transposition of this Directiveand taking into account Commission Implementing Decision 2012/119/EU (“The BREF Guidance”) the competent authority shall set the strictest achievable emission limit values for the specific installation that are consistent with the lowest emissions achievable by applying BAT in the installation. Those limit values shall take into account cross-media effects and ensure that, under normal operating conditions, emissions do not exceed the emission levels associated with the best available techniques (BAT-AELs) as laid down in the decisions on BAT conclusions referred to in Article 13(5). The emission limit values shall be based on an assessment by the operator of the whole BAT-AEL range, analysing the feasibility of meeting the strictest end of the BAT-AEL range and demonstrating the best overall performance the specific installation can achieve under normal operating conditions, while taking into consideration standard operating fluctuations in cases of short-term averages, by applying BAT as described in BAT conclusions. The emis…

Directive 2010/75/EU

Article 1 – paragraph 1 – point 12, Article 15 – paragraph 3 – subparagraph 2 a (new): If general binding rules are adopted concerning Article 15(3), Member States shall set general binding rules on the strictest achievable emission limit values by applying BAT only for categories of installations within the same sectoral activities that have similar characteristics, and based on an assessment by the Member States analysing the feasibility of meeting the strictest end of the range achievable.

Directive 2010/75/EU

Directive 2010/75/EU

Article 1 – paragraph 1 – point 12, Article 15 – paragraph 4 – subparagraph 1 – point b: (b) the technical characteristics of the installation concerned, including in the case of an agreed closure plan of the installation, within 4 years of the publication of BAT conclusion.

Directive 2010/75/EU

Article 1 – paragraph 1 – point 12, Article 15 – paragraph 4 – subparagraph 4: Derogations granted after the transposition of this Directive referred to in this paragraph shall be granted for a maximum of five years and in compliance with the principles set out in Annex II. The competent authority shall aim to prevent pollution and in any case ensure that no significant pollution is caused and that a high level of protection of the environment as a whole is achieved. Derogations shall not be granted, where they may put at risk compliance with environmental quality standards referred to in Article 18.

Directive 2010/75/EU

Article 1 – paragraph 1 – point 12, Article 15 – paragraph 4 – subparagraph 5: The competent authority shall re-assess whether the derogation granted in accordance with this paragraph is justified every 5 years or as part of each reconsideration of the permit conditions pursuant to Article 21, where such reconsideration occurs earlier than 5 years after the derogation was granted.

Directive 2010/75/EU

Article 1 – paragraph 1 – point 12, Article 15 – paragraph 4 a (new) – subparagraphs 1 and 2: 4a. By way of derogation from paragraph 3a, and without prejudice to Article 18, the competent authority, in specific cases, may set environmental performance limit values, which are less strict than the mandatory upper end of the range. Such a derogation may apply only where an assessment shows that the achievement of environmental performance limit values with the best available techniques as described in BAT conclusions would lead to disproportionately higher costs compared to the environmental benefits and cross-media effects due to: / (a) the geographical location or local climatic conditions of the installation concerned; or / (b) technical characteristics of the installation concerned, including in a situation of an agreed closure plan of the installation, within 4 years of the publication of the BAT conclusions. / The derogation from water-related environmental performance limit values, referred to in the first subparagraph, shall be conditional upon a robust assessment of a present and future water risk for the installation.

Directive 2010/75/EU

Article 1 – paragraph 1 – point 12, Article 15 – paragraph 4 a (new) – subparagraph 3: The competent authority shall document in an annex to the permit conditions the reasons for the application of the first subparagraph including the result of the assessment and the justification for the conditions imposed.

Directive 2010/75/EU

Article 1 – paragraph 1 – point 12, Article 15 – paragraph 4 a (new) – subparagraph 4: The competent authority shall in any case ensure that no significant environmental impact is caused and that a high level of protection of the environment as a whole is achieved. Derogations shall not be granted where they could put at risk compliance with environmental quality standards referred to in Article 18.

Directive 2010/75/EU

Article 1 – paragraph 1 – point 12, Article 15 – paragraph 4 a (new) – subparagraph 5: The competent authority shall re-assess whether the derogation granted in accordance with this paragraph is justified every 5 years or as part of each reconsideration of the permit conditions pursuant to Article 21, where such reconsideration is carried out earlier than 5 years after the derogation was granted.

Directive 2010/75/EU

Article 1 – paragraph 1 – point 12, Article 15 – paragraph 4 a (new) – subparagraph 5: The Commission shall adopt an implementing act to establish a standardised methodology for assessing the elements referred to in the first subparagraph. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 75(2).

Directive 2010/75/EU

Article 1 – paragraph 1 – point 12, Article 15 – paragraph 4 b (new): 4b. Without prejudice to Article 18, by way of derogation from paragraphs 3 and 3a, the competent authority may, in cases where an installation faces a persistent interruption in the supply of raw materials or fuels or a disruption of abatement technique’s elements due to force majeure, establish less strict emission limit values and environmental performance levels, for a maximum of 3 months, which may be extended by 3 months where the extraordinary circumstances as referred to in this paragraph persist, subject to a simplified assessment justifying the reasons and period for this temporary adjustment. As soon as the supply or abatement conditions are restored, the Member State shall ensure that this derogation ceases to have effect. / Member States shall inform the Commission of any derogation granted under the extraordinary circumstances as referred to in the first subparagraph. / The Commission shall assess whether the use of the derogation clause is justified having due regard to the criteria set in this subparagraph. If the Commission raises objections, the Member States shall, without delay, revise the derogation provided accordingly. As soon as the supply conditions are restored then the derogation shall cease to apply.

Directive 2010/75/EU

Article 1 – paragraph 1 – point 13, Article 15a – paragraph 1: 1. For the purpose of assessing compliance with emission limit values in accordance with Article 14(1), point (h), the correction made to measurements to determine the validated average emission values shall not exceed the measurement uncertainty determined according to the method in the EIPPCB Reference Report on Monitoring. / The EIPPCB Reference Report on Monitoring shall be updated by [OP please insert date = the first day of the month following 18 months after the date of entry into force of this Directive].

Directive 2010/75/EU

Article 1 – paragraph 1 – point 13, Article 15a – paragraph 2 – subparagraph 1: The Commission shall by [OP please insert date = the first day of the month following 24 months after the date of entry into force of this Directive] adopt an implementing act establishing the method for assessing compliance with emission limit values set out in the permit with regard to emissions to air and water. This implementing act shall be adopted in accordance with the examination procedure referred to in Article 75(2).

Directive 2010/75/EU

Article 1 – paragraph 1 – point 13, Article 15a – paragraph 2 – subparagraph 2: The method referred to in the first subparagraph shall address, as a minimum, the determination of validated average emission values and shall set out how measurement uncertainty, as determined in the EIPPCB Reference Report on Monitoring, and the frequency of exceedance of emission limit values are to be taken into account in the compliance assessment.

Directive 2010/75/EU

Article 1 – paragraph 1 – point 13 a (new), Article 16 – paragraph 2: (13a) In Article 16, paragraph 2 is replaced by the following: / "2. The frequency of the periodic monitoring referred to in Article 14(1)(e) shall be determined by the competent authority in a permit for each individual installation or in general binding rules. / Without prejudice to the first subparagraph, periodic monitoring shall be carried out as set out in the BAT Conclusions, where applicable, and at least once every 3 years for groundwater and 7 years for soil, unless such monitoring is based on a systematic appraisal of the risk of contamination."

Directive 2010/75/EU

Article 1 – paragraph 1 – point 13 b (new), Article 16 – paragraph 2 a (new): (13b) in Article 16, the following paragraph is added: / 2a. The quality control of laboratories performing the monitoring shall be based on international standards, such as ISO 17025.

Directive 2010/75/EU

Article 1 – paragraph 1 – point 14 a (new), Article 17 – paragraph 1: (14a) Article 17, paragraph 1 is replaced by the following: / "1. When adopting general binding rules, Member States shall ensure an integrated approach in accordance with Article 15(3), subparagraph 2 a (new), and a high level of environmental protection equivalent to that achievable with individual permit conditions."

Directive 2010/75/EU

Article 1 – paragraph 1 – point 15, Article 18 – paragraph 1: Where, an environmental quality standard requires stricter conditions than those achievable by the use of the best available techniques, additional measures such as setting supplementary load limits for the relevant polluting substances shall be included in the permit, with a view to reducing the specific contribution of the installation to the pollution occurring in the relevant area without prejudice to other measures which may be taken to comply with environmental quality standards.

Directive 2010/75/EU

Article 1 – paragraph 1 – point 15, Article 18 – paragraph 2: Where stricter conditions have been included in the permit in accordance with the first paragraph, regular monitoring of the concentration and loads of relevant pollutants in the receiving environment resulting from operations of the installations concerned shall be required from the operator, and the results of such monitoring shall be transmitted to the competent authority and the downstream drinking water and/or wastewater treatment plants operators, as relevant, within the shortest possible time after the information has been generated, and not later than 1 month after the information has been generated. Where monitoring and measurement methods for the concerned pollutants, including so-called cocktail effects, are set out in other relevant Union legislation, such methods shall be used for the purpose of the monitoring referred to in this paragraph.

Directive 2010/75/EU

Article 1 – paragraph 1 – point 15 a (new), Article 19: (15a) Article 19 is replaced by the following: / "Article 19 / Member States shall ensure that the competent authority follows or is informed of developments in best available techniques and of the publication of any new or updated BAT conclusions or operating rules and shall make that information available to the public concerned."