Text · Amendment list
Amending Directives 2008/98/EC, 2010/75/EU, (EU) 2015/2193 and (EU) 2024/1785 of the European Parliament and of the Council as regards simplification of some requirements and reduction of administrative burden
Full title
Amending Directives 2008/98/EC, 2010/75/EU, (EU) 2015/2193 and (EU) 2024/1785 of the European Parliament and of the Council as regards simplification of some requirements and reduction of administrative burden
Document ENVI-AM-791123 · COM(2025)0986 – 2025/0394(COD)
- Kind
- Amendment list ENVI-AM-791123
- Date
- 28 July 2026
- Committee
- Committee on the Environment, Climate and Food Safety
- Dossier
- 2025-0394
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- COM(2025)0986 – 2025/0394(COD)
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| Present text | Amendment |
|---|---|
| (1a) In Article 15, paragraph 3 is replaced by the following: | |
| 3. The competent authority shall set the strictest achievable emission limit values by applying BAT in the installation, considering the entire range of the emission levels associated with the best available techniques (“BAT-AELs”) to ensure that, under normal operating conditions, emissions do not exceed the 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 entire BAT-AEL range, analysing the feasibility of meeting the strictest end of the BAT-AEL range and demonstrating the best overall performance that the installation can achieve by applying BAT as described in BAT conclusions, having regard to possible cross-media effects. The emission limit values shall be set through either of the following:(a)setting emission limit values expressed for the same or shorter periods of time and under the same reference conditions as the BAT-AELs; or(b)setting emission limit values different from those referred to in point (a) in terms of values, periods of time and reference conditions.Where the emission limit values are set in accordance with point (b), the competent authority shall, at least annually, assess the results of emission monitoring in order to ensure that emissions under normal operating conditions have not exceeded the BAT-AELs.General binding rules referred to in Article 6 may be applied while setting relevant emission limit values in accordance with this Article.If general binding rules are adopted, the strictest achievable emission limit values by applying BAT shall be set for categories of installations having similar characteristics that are relevant in determining the lowest emission levels achievable, considering the entire range of the BAT-AELs. The general binding rules shall be established by the Member State, based on the information in the BAT conclusions, analysing the feasibility of meeting the strictest end of the BAT-AEL range and demonstrating the best performance that those categories of installations can achieve by applying BAT as described in BAT conclusions. | ‘3. The competent authority shall set appropriate, technically achievable emission limit values by applying BAT in the installation, considering the applicable best available techniques (“BAT-AELs”) to ensure that, under normal operating conditions, emissions do not exceed the 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 entire BAT-AEL range and demonstrating the best overall performance that the installation can achieve by applying BAT as described in BAT conclusions, having regard to possible cross-media effects. The emission limit values shall be set through either of the following:(a)setting emission limit values expressed for the same or shorter periods of time and under the same reference conditions as the BAT-AELs; or(b)setting emission limit values different from those referred to in point (a) in terms of values, periods of time and reference conditions.Where the emission limit values are set in accordance with point (b), the competent authority shall, at least annually, assess the results of emission monitoring in order to ensure that emissions under normal operating conditions have not exceeded the BAT-AELs.General binding rules referred to in Article 6 may be applied while setting relevant emission limit values in accordance with this Article. The general binding rules shall be established by the Member State, based on the information in the BAT conclusions and demonstrating the best performance that those categories of installations can reasonably achieve by applying BAT as described in BAT conclusions.’ |
| Present text | Amendment |
|---|---|
| (1b) in Article 15(3), first subparagraph, the first sentence is replaced by the following: | |
| 3. The competent authority shall set the strictest achievable emission limit values by applying BAT in the installation, considering the entire range of the emission levels associated with the best available techniques (“BAT-AELs”) to ensure that, under normal operating conditions, emissions do not exceed the BAT-AELs as laid down in the decisions on BAT conclusions referred to in Article 13(5). | ‘3. The competent authority shall set emission limit values based on the relevant BAT, considering the entire range of the emission levels associated with the best available techniques (“BAT-AELs”) to ensure that, under normal operating conditions, emissions do not exceed the BAT-AELs as laid down in the decisions on BAT conclusions referred to in Article 13(5).’ |
Article 15 (3) of Directive 2010/75/EU should only require competent authorities to set emission limit values (ELVs) within the relevant BAT AEL range in permits to better reflect the local and site-specific conditions of each installation.
| Text proposed by the Commission | Amendment |
|---|---|
| (1b) In Article 15, paragraph 4 is deleted. |
Andrea Wechsler, Christian Ehler, Jens Gieseke, Angelika Niebler, Oliver Schenk, Norbert Lins, Zala Černilec Tomašič, Peter Liese, Wouter Beke
| Present text | Amendment |
|---|---|
| (1a) in Article 15, paragraph 4 is deleted |
The amendment removes binding environmental performance ranges which would add complexity beyond the core BAT-based emission limit framework. This ensures that permitting remains focused on measurable emission control, reduces administrative burden and avoids disproportionate requirements.
| Present text | Amendment |
|---|---|
| (1a) in Article 15, paragraph 4 is deleted. |
Requiring competent authorities to set water, waste and resource performance values for all installations, regardless of their relevance to the sector, would undermine this process, create inconsistent requirements across Member States and impose unnecessary administrative burdens without delivering additional environmental benefits.
| Present text | Amendment |
|---|---|
| (1a) in Article 15, paragraph 4 is deleted: |
AEPLs are obsolete because of several provisions in the special legislative acts such as Water Framework Directive, Ambient Air Quality Directive, Waste Framework Directive.
| Text proposed by the Commission | Amendment |
|---|---|
| (1b) in Article 15(4), point (a) is deleted |
Environmental performance limit values should be deleted as they create an additional layer of binding permitting and compliance obligations for operators, including operators of large combustion plants. Consumption levels, resource efficiency concerning materials, water and energy, and waste generation are already addressed through other EU and national legal frameworks, including energy efficiency, water, waste and resource-efficiency legislation. Introducing binding environmental performance limit values under the IED would therefore risk duplicating existing requirements and increasing administrative complexity, contrary to the simplification objective of the Omnibus package. Removing this obligation would preserve the focus of the IED on emissions control and integrated pollution prevention, while avoiding disproportionate administrative and operational burdens in areas already regulated elsewhere.
| Present text | Amendment |
|---|---|
| (1b) in Article 15(4), point (a) is deleted; |
| Text proposed by the Commission | Amendment |
|---|---|
| (1a) in Article 15(4) , the following subparagraph is added: | |
| For installations forming part of European semiconductor technology initiatives and strategic projects recognised under Regulation (EU) XXX/XXX [Chips Act 2], as well as integrated production facilities and open EU foundries recognised under Regulation (EU) 2023/1781, competent authorities shall take into account the specific technical characteristics of semiconductor manufacturing when applying this paragraph, including process stability, product quality requirements and the limited availability of technically feasible abatement or substitution alternatives. |
Semiconductor manufacturing is essential for Europe’s technological sovereignty and resilience. This amendment ensures that the existing IED derogation mechanism can take account of the specific technical constraints of semiconductor production.
| Present text | Amendment |
|---|---|
| (1c) in Article 15(4), point (b) is replaced by the following: | |
| (b) set, for normal operating conditions, indicative environmental performance levels concerning waste and resources other than water, which are not less strict than the binding ranges referred to in the first subparagraph. | ‘(b) set, for normal operating conditions, indicative environmental performance levels concerning water, waste and resources, which are consistent with the indicative ranges referred to in the first subparagraph.’ |
Indicative values would provide the necessary flexibility to adapt resource consumption or waste generation to site-specific constraints. This would ensure that environmental efforts are focused where they have a real impact, rather than meeting disproportionate and rigid targets.
| Present text | Amendment |
|---|---|
| (1b) In Article 15, paragraph 4 is replaced by the following: | |
| 4. Without prejudice to Article 9(2), the competent authority shall set, for normal operating conditions, binding ranges for environmental performance that are not to be exceeded during one or more periods, as laid down in the decisions on BAT conclusions referred to in Article 13(5). | 4. Without prejudice to Article 9(2), the competent authority shall set, for normal operating conditions, indicative ranges for environmental performance that are not to be exceeded during one or more periods, as laid down in the decisions on BAT conclusions referred to in Article 13(5). |
| In addition, the competent authority shall: |
(a) set, for normal operating conditions, environmental performance limit values concerning water, having regard to possible cross-media effects, that are not to be exceeded during one or more periods, and which are not less strict than the binding ranges referred to in the first subparagraph;
(a) set, for normal operating conditions, environmental performance limit values concerning water, having regard to possible cross-media effects, that are not to be exceeded during one or more periods, and which are not less strict than the indicative ranges referred to in the first subparagraph;
(b) set, for normal operating conditions, indicative environmental performance levels concerning waste and resources other than water, which are not less strict than the binding ranges referred to in the first subparagraph.
(b) set, for normal operating conditions, indicative environmental performance levels concerning waste and resources other than water, which are not less strict than the indicative ranges referred to in the first subparagraph.
Sergio Berlato, Michele Picaro, Pietro Fiocchi, Stefano Cavedagna, Nicola Procaccini, Antonella Sberna, Paolo Inselvini
| Present text | Amendment |
|---|---|
| The competent authority shall document in an annex to the permit conditions the reasons for derogating from paragraph 3, and the result of the assessment referred to in the first subparagraph of this paragraph and the justification for the conditions imposed. | The competent authority may grant temporary derogations from the requirements of paragraphs 2 and 3 of this Article and from Article 11, points (a) and (b), for the testing and use of emerging techniques for a total period of time not exceeding 9 months, pro vided that after the period specified, either the technique is stopped or the activity achieves at least the emission levels asso ciated with the best available techniques. |
| Present text | Amendment |
|---|---|
| (1b) Article 15, paragraph 5 is replaced by the following: | |
| 5. By way of derogation from paragraph 3, and without prejudice to Article 18, the competent authority may, in specific cases, set emission limit values higher than the BAT-AELs. Such a derogation may apply only where an assessment shows that the achievement of BAT-AELs as described in BAT conclusions would lead to disproportionately higher costs compared to the environmental benefits due to:(a)the geographical location or the local environmental conditions of the installation concerned; or(b)the technical characteristics of the installation concerned. The competent authority shall document in an annex to the permit conditions the reasons for derogating from paragraph 3, and the result of the assessment referred to in the first subparagraph of this paragraph and the justification for the conditions imposed.The emission limit values set in accordance with the first subparagraph shall, however, not exceed the emission limit values set out in the Annexes to this Directive, where applicable.Derogations granted in accordance with this paragraph shall respect the principles set out in Annex II. The competent authority shall ensure that the operator provides an assessment of the impact of the derogation on the concentration of the pollutants concerned in the receiving environment 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 could put at risk compliance with environmental quality standards referred to in Article 18.The competent authority shall re-assess whether derogations granted in accordance with this paragraph are justified, every four years or as part of each reconsideration of the permit conditions pursuant to Article 21, where such reconsideration occurs earlier than four years after the derogation was granted.The Commission shall adopt an implementing act to establish a standardised methodology for assessing the disproportionality between the costs of implementation of the BAT conclusions and the potential environmental benefits referred to in the first subparagraph. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 75(2). | ‘5. By way of derogation from paragraph 3, and without prejudice to Article 18, the competent authority may set emission limit values higher than the BAT-AELs. Such a derogation may apply where an assessment reasonably demonstrates that the achievement of BAT-AELs as described in BAT conclusions would result in disproportionately higher costs compared to the environmental benefits due to:(a)the geographical location or the local environmental conditions of the installation concerned; (b)the technical characteristics of the installation concerned; c) the economic viability, strategic importance or security of supply of the installation concerned. The competent authority shall document in an annex to the permit conditions the reasons for derogating from paragraph 3, and the result of the assessment referred to in the first subparagraph of this paragraph and the justification for the conditions imposed.The emission limit values set in accordance with the first subparagraph shall, however, not exceed the emission limit values set out in the Annexes to this Directive, where applicable.Derogations granted in accordance with this paragraph shall respect the principles set out in Annex II. The competent authority shall ensure that the operator provides an assessment of the impact of the derogation on the concentration of the pollutants concerned in the receiving environment 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 could put at risk compliance with environmental quality standards referred to in Article 18.The competent authority shall re-assess whether derogations granted in accordance with this paragraph are justified, every eight years or as part of each reconsideration of the permit conditions pursuant to Article 21, where such reconsideration occurs earlier than four years after the derogation was granted.The Commission shall adopt an implementing act to establish a standardised methodology for assessing the disproportionality between the costs of implementation of the BAT conclusions and the potential environmental benefits referred to in the first subparagraph. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 75(2).’ |
| Present text | Amendment |
|---|---|
| (1b) in Article 15, paragraph 5 is replaced by the following: | |
| By way of derogation from paragraph 3, and without prejudice to Article 18, the competent authority may, in specific cases, set emission limit values higher than the BAT-AELs. Such a derogation may apply only where an assessment shows that the achievement of BAT-AELs as described in BAT conclusions would lead to disproportionately higher costs compared to the environmental benefits due to: | ‘By way of derogation from paragraph 3, and without prejudice to Article 18, the competent authority may, in specific cases, set emission limit values higher than the BAT-AELs. Such a derogation may apply only where an assessment shows that the achievement of BAT-AELs as described in BAT conclusions would lead to disproportionately higher costs compared to the environmental benefits due to: |
| (a) the geographical location or the local environmental conditions of the installation concerned; or | (a) the geographical location or the local environmental conditions of the installation concerned; or |
| (b) the technical characteristics of the installation concerned. | (b) the technical characteristics of the installation concerned. |
| The competent authority shall document in an annex to the permit conditions the rea-sons for derogating from paragraph 3, and the result of the assessment referred to in the first subparagraph of this paragraph and the justification for the conditions imposed. | The competent authority shall document in an annex to the permit conditions the rea-sons for derogating from paragraph 3, and the result of the assessment referred to in the first subparagraph of this paragraph and the justification for the conditions imposed. |
| The emission limit values set in accordance with the first subparagraph shall, however, not exceed the emission limit values set out in the Annexes to this Directive, where applicable. | The emission limit values set in accordance with the first subparagraph shall, however, not exceed the emission limit values set out in the Annexes to this Directive, where applicable. |
| Derogations granted in accordance with this paragraph shall respect the principles set out in Annex II. The competent authority shall ensure that the operator provides an assessment of the impact of the derogation on the concentration of the pollutants concerned in the receiving environment 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 could put at risk compliance with environmental quality standards referred to in Article 18. | The competent authority shall in any case ensure that no significant pollution is caused and that a high level of protection of the environment as a whole is achieved. |
| The competent authority shall re-assess whether derogations granted in accordance with this paragraph are justified, every four years or as part of each reconsideration of the permit conditions pursuant to Article 21, where such reconsideration occurs earlier than four years after the derogation was granted. | The competent authority shall re-assess whether derogations granted in accordance with this paragraph are justified, every four years or as part of each reconsideration of the permit conditions pursuant to Article 21, where such reconsideration occurs earlier than four years after the derogation was granted. |
| On the basis of information provided by Member States in accordance with Article 72(1), in particular concerning the application of this paragraph, the Commission may, where necessary, assess and further clarify, through guidance, the criteria to be taken into account for the application of this paragraph.’ | |
| The Commission shall adopt an implementing act to establish a standardised methodology for assessing the disproportionality between the costs of implementation of the BAT conclusions and the potential environmental benefits referred to in the first subparagraph. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 75(2). | The Commission shall adopt an implementing act to establish a standardised methodology for assessing the disproportionality between the costs of implementation of the BAT conclusions and the potential environmental benefits referred to in the first subparagraph. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 75(2). |
This proposal intends to change the new requirements of Annex II, which authorities must consider when granting exemptions and which are overly ambitious and burdensome. Furthermore, the implementing act – introduced in 2024 - which in turn creates additional bureaucracy, is unnecessary when a guideline can serve the same purpose.
Andrea Wechsler, Christian Ehler, Jens Gieseke, Angelika Niebler, Oliver Schenk, Norbert Lins, Zala Černilec Tomašič, Peter Liese, Wouter Beke
| Text proposed by the Commission | Amendment |
|---|---|
| (1b) in Article 15, paragraph 6 is deleted; |
The amendment is consequential to the deletion of binding environmental performance ranges. Removing the related derogation mechanism avoids redundant procedures, simplifies the legal framework and ensures that competent authorities and operators are not subject to unnecessary administrative steps.
| Present text | Amendment |
|---|---|
| (1c) in Article 15, paragraph 6 is deleted; |
AEPLs are obsolete because of several provisions in the special legislative acts such as Water Framework Directive, Ambient Air Quality Directive, Waste Framework Directive.
Andrea Wechsler, Christian Ehler, Jens Gieseke, Angelika Niebler, Oliver Schenk, Norbert Lins, Zala Černilec Tomašič, Peter Liese, Wouter Beke
| Present text | Amendment |
|---|---|
| (1c) in Article 15, paragraph 7 is replaced by the following: | |
| 7. By way of derogation from paragraphs 3 and 4, and provided that no significant pollution is caused and all measures resulting in less pollution have been exhausted, the competent authority may set less strict emission limit values or environmental performance limit values in the event of a crisis due to extraordinary circumstances beyond the control of the operator and Member States, leading to a severe disruption or shortage of: (a) energy supplies, provided that there is an overriding public interest in security of energy supply; (b) resources, materials or equipment essential for the operator to perform activities of public interest, in compliance with the applicable emission limit values or environmental performance limit values; or (c) essential resources, materials or equipment where the production output compensates for such shortage or disruption, for reasons of public health or public safety or for other imperative reasons of overriding public interest. The derogation shall not be granted for more than three months. If the reasons justifying the granting of a derogation persist, the derogation may be prolonged for a maximum period of three months. As soon as the supply conditions are restored or where there is an alternative to the energy supplies, resources, materials or equipment, the Member State shall ensure that the decision to set less strict emission limit values and environmental performance limit values ceases to have effect, and the installation shall comply with permit conditions set in accordance with paragraphs 3 and 4. The Member States shall take measures to ensure that emissions resulting from the derogation referred to in the first subparagraph are monitored. The competent authority shall make information on the derogation and the conditions imposed publicly available in accordance with Article 24 (2). The Commission may, where necessary, assess and further clarify, through guidance, the criteria to be taken into account for the appli cation of this paragraph. Member States shall notify the Commission of any derogation granted under this paragraph, including the reasons justifying the granting of the derogation and the conditions imposed. The Commission shall assess whether the derogation granted is justified having due regard to the criteria set in this paragraph. If the Commission raises objections within 2 months of the notification by the Member State, the Member States shall without delay revise the derogation accordingly. | ‘7. By way of derogation from paragraphs 3 and 4, the competent authority may set less strict emission limit values in the event of a crisis due to extraordinary circumstances beyond the control of the operator and Member States, leading to a severe disruption or shortage of: (a) energy supplies, provided that there is an overriding public interest in security of energy supply; (b) resources, materials or equipment essential for the operator to perform activities of public interest, in compliance with the applicable emission limit values; or (c) essential resources, materials or equipment where the production output compensates for such shortage or disruption, for reasons of public health or public safety or for other imperative reasons of overriding public interest. The derogation shall not be granted for more than six months. If the reasons justifying the granting of a derogation persist, the derogation may be prolonged for a maximum period of six months. As soon as the supply conditions are restored or where there is an alternative to the energy supplies, resources, materials or equipment, the Member State shall ensure that the decision to set less strict emission limit values ceases to have effect, and the installation shall comply with permit conditions set in accordance with paragraphs 3 and 4. The Member States shall take measures to ensure that emissions resulting from the derogation referred to in the first subparagraph are monitored. The competent authority shall make information on the derogation and the conditions imposed publicly available in accordance with Article 24 (2). The Commission may, where necessary, assess and further clarify, through guidance, the criteria to be taken into account for the appli cation of this paragraph. Member States shall notify the Commission of any derogation granted under this paragraph, including the reasons justifying the granting of the derogation and the conditions imposed. ’; |
The amendment ensures that crisis derogations are workable in extraordinary circumstances affecting energy supply, critical resources or activities of public interest. Extending the time limits provides greater operational realism, while maintaining monitoring, transparency and notification requirements and ensuring that derogations cease once supply conditions are restored.
| Present text | Amendment |
|---|---|
| (1d) in Article 15, paragraph 7 is replaced by the following: | |
| 7. By way of derogation from paragraphs 3 and 4, and provided that no significant pollution is caused and all measures resulting in less pollution have been exhausted, the competent authority may set less strict emission limit values or environmental performance limit values in the event of a crisis due to extraordinary circumstances beyond the control of the operator and Member States, leading to a severe disruption or shortage of: | ‘7. By way of derogation from paragraph 3, and provided that no significant pollution is caused and all measures resulting in less pollution have been exhausted, the competent authority may set less strict emission limit values in the event of a crisis due to extraordinary circumstances beyond the control of the operator and Member States, leading to a severe disruption or shortage of: |
| (a) energy supplies, provided that there is an overriding public interest in security of energy supply; | (a) energy supplies, provided that there is an overriding public interest in security of energy supply; |
| (b) resources, materials or equipment essential for the operator to perform activities of public interest, in compliance with the applicable emission limit values or environmental performance limit values; or | (b) resources, materials or equipment essential for the operator to perform activities of public interest, in compliance with the applicable emission limit values or |
| (c) essential resources, materials or equipment where the production output compensates for such shortage or disruption, for reasons of public health or public safety or for other imperative reasons of overriding public interest. | (c) essential resources, materials or equipment where the production output compensates for such shortage or disruption, for reasons of public health or public safety or for other imperative reasons of overriding public interest. |
| The derogation shall not be granted for more than three months. If the reasons justifying the granting of a derogation persist, the derogation may be prolonged for a maximum period of three months. | The derogation shall not be granted for more than three months. If the reasons justifying the granting of a derogation persist, the derogation may be prolonged for a maximum period of three months. |
| As soon as the supply conditions are restored or where there is an alternative to the energy supplies, resources, materials or equipment, the Member State shall ensure that the decision to set less strict emission limit values and environmental performance limit values ceases to have effect, and the installation shall comply with permit conditions set in accordance with paragraphs 3 and 4. | As soon as the supply conditions are restored or where there is an alternative to the energy supplies, resources, materials or equipment, the Member State shall ensure that the decision to set less strict emission limit values ceases to have effect, and the installation shall comply with permit conditions set in accordance with paragraph 3. |
| The Member States shall take measures to ensure that emissions resulting from the derogation referred to in the first subparagraph are monitored. | The Member States shall take measures to ensure that emissions resulting from the derogation referred to in the first subparagraph are monitored. |
| The competent authority shall make information on the derogation and the conditions imposed publicly available in accordance with Article 24 (2). | The competent authority shall make information on the derogation and the conditions imposed publicly available in accordance with Article 24 (2). |
| The Commission may, where necessary, assess and further clarify, through guidance, the criteria to be taken into account for the application of this paragraph. | The Commission may, where necessary, assess and further clarify, through guidance, the criteria to be taken into account for the application of this paragraph. Member States shall notify the Commission of any derogation granted under this paragraph, including the reasons justifying the granting of the derogation and the conditions imposed.’; |
| Member States shall notify the Commission of any derogation granted under this paragraph, including the reasons justifying the granting of the derogation and the conditions imposed. |
AEPLs are obsolete because of several provisions in the special legislative acts such as Water Framework Directive, Ambient Air Quality Directive, Waste Framework Directive.
| Text proposed by the Commission | Amendment |
|---|---|
| (1a) in Article 15, the following paragraph is inserted: | |
| ‘7a. For the purposes of paragraph 7, activities, investments or production outputs necessary for defence readiness, defence-critical production, the secure supply of ammunition, munitions, military equipment, or other defence-critical materials, or the protection of national security may be considered to serve public safety or imperative reasons of overriding public interest, where the conditions set out in that paragraph are fulfilled.’; |
Derogations already exist in Union environmental legislation on grounds such as overriding public interest, public safety or crisis situations. In the current security environment, it should be clear that such grounds may also cover defence readiness activities and investments, including the continuity of defence-critical production and the secure supply of ammunition, munitions, military equipment and other essential materials. This amendment clarifies the application of the existing IED crisis derogation to defence-related situations, without creating a general exemption from the Directive and while maintaining the existing safeguards on pollution prevention, proportionality and time limitation.
| Present text | Amendment |
|---|---|
| (1b) In Article 16, paragraph 2 is replaced by the following: | |
| 2. The frequency of the periodic monitoring referred to in Article 14(1), point (e), shall be determined by the competent authority in a permit for each individual installation or in general binding rules. | 2. The frequency of the periodic monitoring referred to in Article 14(1), point (e), shall be determined by the competent authority in general binding rules. |
| Monitoring requirements may be replaced by equivalent monitoring or technical measures ensuring an equivalent level of environmental protection. | |
| The monitoring frequency may be reduced if the emission levels are proven to be sufficiently stable. | |
| Without prejudice to the first subparagraph, periodic monitoring shall be carried out as set out in the BAT conclusions, where applicable, and at least once every 4 years for groundwater and 9 years for soil, unless such monitoring is based on a systematic appraisal of the risk of contamination. | Without prejudice to the first subparagraph, periodic monitoring shall be carried out as set out in the BAT conclusions, where applicable, and at least once every 4 years for groundwater and 9 years for soil, unless such monitoring is based on a systematic appraisal of the risk of contamination.’; |
Installations experience huge increases in monitoring requirements being introduced in the BAT conclusions, which result in large administrative burdens with no real environmental effect. The environmental authorities do not have possibilities to alter the frequency of the monitoring or approve alternative methods for measurements and monitoring.
| Present text | Amendment |
|---|---|
| (1a) in Article 16, paragraph 2 is replaced by the following: | |
| 2. The frequency of the periodic monitoring referred to in Article 14(1), point (e), shall be determined by the competent authority in a permit for each individual installation or in general binding rules. | ‘2. The frequency of the periodic monitoring referred to in Article 14(1), point (e), shall be determined by the competent authority in general binding rules. |
| Monitoring requirements may be replaced by equivalent monitoring or technical measures ensuring an equivalent level of environmental protection. | |
| The monitoring frequency may be reduced if the emission levels are proven to be sufficiently stable. | |
| Without prejudice to the first subparagraph, periodic monitoring shall be carried out as set out in the BAT conclusions, where applicable, and at least once every 4 years for groundwater and 9 years for soil, unless such monitoring is based on a systematic appraisal of the risk of contamination. | Without prejudice to the first subparagraph, periodic monitoring shall be carried out as set out in the BAT conclusions, where applicable, and at least once every 4 years for groundwater and 9 years for soil, unless such monitoring is based on a systematic appraisal of the risk of contamination.’; |
| Present text | Amendment |
|---|---|
| (1c) In Article 16, paragraph 2 is replaced by the following: | |
| 2. The frequency of the periodic monitoring referred to in Article 14(1), point (e), shall be determined by the competent authority in a permit for each individual installation or in general binding rules. | ‘2. The frequency of the periodic monitoring referred to in Article 14(1), point (e), shall be determined by the competent authority in general binding rules. |
| Monitoring requirements may be replaced by equivalent monitoring measures or technical measures ensuring an equivalent level of environmental protection. | |
| The monitoring frequency may be reduced if the emission levels are proven to be sufficiently stable. | |
| Without prejudice to the first subparagraph, periodic monitoring shall be carried out as set out in the BAT conclusions, where applicable, and at least once every 4 years for groundwater and 9 years for soil, unless such monitoring is based on a systematic appraisal of the risk of contamination. | Without prejudice to the first subparagraph, periodic monitoring shall be carried out as set out in the BAT conclusions, where applicable, and at least once every 4 years for groundwater and 9 years for soil, unless such monitoring is based on a systematic appraisal of the risk of contamination.’ |
| Present text | Amendment |
|---|---|
| (1b) in Article 16, paragraph 4 is replaced by the following: | |
| 4. Where the assessment referred to in Article 15(5) demonstrates that the derogation will have a quantifiable or measurable effect on the environment, Member States shall ensure that the concentration of the pollutants concerned is monitored in the receiving environment. Where relevant, monitoring and measuring methods for each pollutant concerned which are set out in other relevant Union legislation shall be used for the purpose of the monitoring referred to in this paragraph. | ‘4. Where the assessment referred to in Article 15(5) demonstrates that the derogation will have a measurable and significant effect on the environment, Member States shall ensure that the concentration of the pollutants concerned is monitored in the receiving environment. Where relevant, monitoring and measuring methods for each pollutant concerned which are set out in other relevant Union legislation shall be used for the purpose of the monitoring referred to in this paragraph.’; |
If a technical study identifies only a negligible contribution, for example to the existing background pollution, there is no need to introduce monitoring of the pollutant concerned in the receiving environment.
Andrea Wechsler, Christian Ehler, Jens Gieseke, Angelika Niebler, Oliver Schenk, Norbert Lins, Zala Černilec Tomašič, Peter Liese, Wouter Beke
| Present text | Amendment |
|---|---|
| (1d) Article 18 is replaced by the following: | |
| Environmental quality standards Where an environmental quality standard requires stricter conditions than those achievable by the use of the best available techniques, additional measures shall be included in the permit, with a view to reducing the specific contribution of the installation to the pollution occurring in the relevant area, without prejudice to other measures which may be taken to comply with environmental quality standards. Where stricter conditions have been included in the permit in accordance with the first paragraph, the competent authority shall assess the impact of the stricter conditions on the concentration of the pollutants concerned in the receiving environment. Where the load of pollutants emitted by the installation has a quan tifiable or measurable effect on the environment, Member States shall ensure that the concentration of the pollutants concerned in the receiving environment is monitored. The results of such monitoring shall be transmitted to the competent authority. Where monitoring and measurement methods for the pollutants concerned are set out in other relevant Union legislation, such methods, including effect-based methods as appropriate, shall be used for the purpose of the monitoring referred to in the third paragraph. | ‘Environmental quality standards Where an environmental quality standard requires stricter conditions than those achievable by the use of the best available techniques, additional measures may be included in the permit, without prejudice to other measures which may be taken to comply with environmental quality standards.’ |
The amendment ensures a more proportionate application of additional permit conditions where environmental quality standards require stricter measures than those achievable through BAT. It avoids automatic additional burdens where other measures may be more effective.
| Present text | Amendment |
|---|---|
| (1c). Article 18 is replaced by the following: | |
| Article 18 | ‘Article 18 |
| Environmental quality standards | Environmental quality standards |
| Where an environmental quality standard requires stricter conditions than those achievable by the use of the best available techniques, additional measures shall be included in the permit, with a view to reducing the specific contribution of the installation to the pollution occurring in the relevant area, without prejudice to other measures which may be taken to comply with environmental quality standards. | Where an environmental quality standard requires stricter conditions than those achievable by the use of the best available techniques, additional measures may be included in the permit, without prejudice to other measures which may be taken to comply with environmental quality standards.’; |
| Where stricter conditions have been included in the permit in accordance with the first paragraph, the competent authority shall assess the impact of the stricter conditions on the concentration of the pollutants concerned in the receiving environment. | |
| Where the load of pollutants emitted by the installation has a quantifiable or measurable effect on the environment, Member States shall ensure that the concentration of the pollutants concerned in the receiving environment is monitored. The results of such monitoring shall be transmitted to the competent authority. |
Sergio Berlato, Michele Picaro, Pietro Fiocchi, Stefano Cavedagna, Nicola Procaccini, Antonella Sberna, Paolo Inselvini
| Present text | Amendment |
|---|---|
| (1b) Article 18 is replaced by the following: | |
| Where an environmental quality standard requires stricter condi tions than those achievable by the use of the best available tech niques, additional measures shall be included in the permit, without prejudice to other measures which may be taken to com ply with environmental quality standards. | ‘Following the failure to achieve an environmental quality standard, the competent authority shall consider including additional conditions in the authorisation to reduce the specific contribution of the installation to pollution occurring in the relevant area, without prejudice to other measures that may be taken to comply with environmental quality standards and taking into account the technical-economic feasibility of such additional conditions. |
| Where stricter conditions have been included in the permit in accordance with the first paragraph, the competent authority shall assess the impact of the stricter conditions on the concentration of the pollutants concerned in the receiving environment. | |
| Where the load of pollutants emitted by the installation has a quantifiable or measurable effect on the environment, Member States shall ensure that the concentration of the pollutants concerned in the receiving environment is monitored. The results of such monitoring shall be transmitted to the competent authority. Where monitoring and measurement methods for the pollutants concerned are set out in other relevant Union legislation, such methods, including effect-based methods as appropriate, shall be used for the purpose of the monitoring referred to in the third paragraph.’; |
| Text proposed by the Commission | Amendment |
|---|---|
| (1a) In Article 20(2), the following subparagraph is added: | |
| ‘Member States shall establish shortened procedures for updating permits in the case of substantial changes to installations that have positive environmental impacts.’ |
Member States should provide for fast-track procedures for installations that provide for substantial changes with the aim of improving their environmental performance.
| Text proposed by the Commission | Amendment |
|---|---|
| (1c) in Article 21, the following paragraph is inserted: | |
| 3a. For installations for which a decommissioning date has been set by law, the obligation to update the permit referred to in paragraph 3 shall not apply, provided that the remaining operating period is limited and that the competent authority considers that such update would be disproportionate in view of the remaining lifetime of the installation and the expected environmental benefits. |
For installations with a statutory closure date, full permit updates and related retrofits may be disproportionate where they would deliver only limited environmental benefits during the remaining operating period. A targeted clause would reduce unnecessary burden while preserving the competent authority’s assessment role.
| Text proposed by the Commission | Amendment |
|---|---|
| (1c) In Article 21(3), the introductory part is replaced by the following: | |
| 3. Within 4 years of publication of decisions on BAT conclusions in accordance with Article 13(5) relating to the main activity of an installation, the competent authority shall ensure that: | ‘3. Within 8 years of publication of decisions on BAT conclusions in accordance with Article 13(5) relating to the main activity of an installation, the competent authority shall ensure that:’ |
Sergio Berlato, Michele Picaro, Pietro Fiocchi, Stefano Cavedagna, Nicola Procaccini, Antonella Sberna, Paolo Inselvini
| Present text | Amendment |
|---|---|
| (1c) in Article 21, paragraph 3 is replaced by the following: | |
| 3. Within 4 years of publication of decisions on BAT conclusions in accordance with Article 13(5) relating to the main activity of an installation, the competent authority shall ensure that: | ‘3. Within 8 years of publication of decisions on BAT conclusions in accordance with Article 13(5) relating to the main activity of an installation, the competent authority shall ensure that:’ |
| (a) all the permit conditions for the installation concerned are reconsidered and, if necessary, updated to ensure compliance with this Directive, in particular, with Article 15(3), (4) and (5), where applicable; | (a) all the permit conditions for the installation concerned are reconsidered and, if necessary, updated to ensure compliance with this Directive, in particular, with Article 15(3) and (4), where applicable; |
| (b) the installation complies with those permit conditions. | (b) the installation complies with those permit conditions. |
| The reconsideration shall take into account all the new or updated BAT conclusions applicable to the installation and adopted in accordance with Article 13(5) since the permit was granted or last reconsidered. | The reconsideration shall take into account all the new or updated BAT conclusions applicable to the installation and adopted in accordance with Article 13(5) since the permit was granted or last reconsidered." |
| Present text | Amendment |
|---|---|
| (1a) in Article 21, paragraph 3 is replaced by the following: | |
| 3. Within 4 years of publication of decisions on BAT conclusions in accordance with Article 13(5) relating to the main activity of an installation, the competent authority shall ensure that: | ‘3. Within 8 years of publication of decisions on BAT conclusions in accordance with Article 13(5) relating to the main activity of an installation, the competent authority shall ensure that: |
| (a) all the permit conditions for the installation concerned are reconsidered and, if necessary, updated to ensure compliance with this Directive, in particular, with Article 15(3), (4) and (5), where applicable; | (a) all the permit conditions for the installation concerned are reconsidered and, if necessary, updated to ensure compliance with this Directive, in particular, with Article 15(3) and (5), where applicable; |
| (b) the installation complies with those permit conditions. | (b) the installation complies with those permit conditions. |
| The reconsideration shall take into account all the new or updated BAT conclusions applicable to the installation and adopted in accordance with Article 13(5) since the permit was granted or last reconsidered. | The reconsideration shall take into account all the new or updated BAT conclusions applicable to the installation and adopted in accordance with Article 13(5) since the permit was granted or last reconsidered.’ |
Sergio Berlato, Michele Picaro, Pietro Fiocchi, Stefano Cavedagna, Nicola Procaccini, Antonella Sberna, Paolo Inselvini
| Present text | Amendment |
|---|---|
| (1d) In Article 21, paragraph 5 is replaced by the following: | |
| 5. The permit conditions shall be reconsidered and, where necessary, updated at least in the following cases: | ‘"5. The permit conditions shall be reconsidered and, where necessary, updated at least in the following cases : |
| (a) the pollution caused by the installation is of such significance that the existing emission limit values of the permit need to be revised or new such values need to be included in the permit; | (a) the pollution caused by the installation is of such significance that the existing emission limit values of the permit need to be revised or new such values need to be included in the permit; |
| (b) the operational safety requires other techniques to be use; | (b) the operational safety requires other techniques to be use ; |
| (c) where it is necessary to comply with an environmental quality standard referred to in Article 18, including in the case of a new or revised quality standard or where the status of the receiving environment requires a revision of the permit, in the context of the procedure referred to in Article 20 and Article 21, paragraph 3, in order to achieve compliance with plans and programmes set under Union legislation; | (c) where it is necessary to comply with a new or revised environmental quality standard in accordance with Article 18.’ |
| (d) in the case of a request from the operator to extend the duration of the operation of an installation undertaking the activity referred to in Annex I, point 5.4." |
| Present text | Amendment |
|---|---|
| (1d) in Article 24(1), point (d) is deleted; |
Extending public participation to all procedures for adapting installations to the state of the art (BAT) is disproportionate. Existing permitting procedures already adequately incorporate public consultation for substantial changes. Generalising this obligation to all new permits resulting from IED reviews would significantly prolong permit delivery times.
| Present text | Amendment |
|---|---|
| (1e) in Article 24(1), point (e) is deleted; |
Extending public participation to all procedures for adapting installations to the state of the art (BAT) is disproportionate. Existing permitting procedures already adequately incorporate public consultation for substantial changes. Generalising this obligation to all new permits resulting from IED reviews would significantly prolong permit delivery times.
| Present text | Amendment |
|---|---|
| 1 d. in Article 24(2), point (a) is replaced by the following: | |
| (a) the content of the decision, including a copy of the permit and any subsequent updates, including consolidated permit conditions where relevant; | ‘(a) the content of the decision, including a copy of the permit and any subsequent updates;’; |
The wording “including consolidated permit conditions where relevant” is unclear and may create additional administrative burden for competent authorities and operators. It should remain for competent authorities to decide whether consolidation is appropriate in a given case.
| Present text | Amendment |
|---|---|
| (1c) in Article 24, paragraph 3 is replaced by the following: | |
| ‘3. The competent authority shall also make available to the public, including systematically via the internet, on a webpage which is easy to find, free of charge and without restricting access to registered users, the following:(a)relevant information on the measures taken by the operator upon definitive cessation of activities in accordance with Article 22;(b)the results of emission monitoring as required under the permit conditions and held by the competent authority;(c)the results of the monitoring referred to in Article 16(4) and in Article 18.’ | ‘3. The competent authority shall ensure access to the following information, based on aggregated data:(a)relevant information on the measures taken by the operator upon definitive cessation of activities in accordance with Article 22;(b)the summary of emission monitoring as required under the permit conditions and held by the competent authority, excluding commercially confidential information;(c)the summary of the monitoring referred to in Article 16(4) and in Article 18.’ |
Andrea Wechsler, Christian Ehler, Jens Gieseke, Angelika Niebler, Oliver Schenk, Norbert Lins, Zala Černilec Tomašič, Peter Liese, Wouter Beke
| Present text | Amendment |
|---|---|
| (1e) in Article 27a(3), point (g) is deleted; |
The amendment streamlines the composition of the centre by focusing its assistance on public institutions, research bodies, industry, farmers, technology providers, Member States and the Commission. This strengthens technical and implementation-oriented expertise, reduces procedural complexity and supports the deployment of innovative and emerging techniques.
| Present text | Amendment |
|---|---|
| " (1b) in Article 27a(3), point (g) is deleted; |
| Present text | Amendment |
|---|---|
| (1d) In Article 27a(3), point (e) is replaced by the following: | |
| (e) representatives of the industries and farmers concerned; | ‘(e) representatives of the industries concerned;’ |
| Present text | Amendment |
|---|---|
| (1d) Article 27c is replaced by the following: | |
| Article 27c | ‘Article 27c |
| Emission levels and indicative environmental performance values associated with emerging techniques | Emission levels and indicative environmental performance values associated with emerging techniques |
| By way of derogation from Article 21(3), the competent authority may set: | By way of derogation from Article 21(3), the competent authority may set: |
| (a) emission limit values that ensure that, within 6 years of publication of a decision on BAT conclusions in accordance with Article 13(5) relating to the main activity of an installation, emissions do not, under normal operating conditions, exceed emission levels associated with emerging techniques as laid down in the decisions on BAT conclusions; | (a) indicative emission limit values that ensure that, within 6 years of publication of a decision on BAT conclusions in accordance with Article 13(5) relating to the main activity of an installation, emissions do not, under normal operating conditions, exceed emission levels associated with emerging techniques as laid down in the decisions on BAT conclusions.’ |
| (b) indicative environmental performance values consistent with the decisions on BAT conclusions. | (b) indicative environmental performance values consistent with the decisions on BAT conclusions. |
Andrea Wechsler, Christian Ehler, Jens Gieseke, Angelika Niebler, Oliver Schenk, Norbert Lins, Zala Černilec Tomašič, Peter Liese, Wouter Beke
| Present text | Amendment |
|---|---|
| (1a) Article 27c is replaced by the following: | |
| Emission levels and indicative environmental performance values associated with emerging techniques By way of derogation from Article 21(3), the competent authority may set: | ‘Emission levels and indicative environmental performance values associated with emerging techniques By way of derogation from Article 21(3), the competent authority may set: |
| (a) emission limit values that ensure that, within 6 years of publication of a decision on BAT conclusions in accordance with Article 13(5) relating to the main activity of an installation, emissions do not, under normal operating conditions, exceed emission levels associ ated with emerging techniques as laid down in the decisions on BAT conclusions; | (a) indicative emission limit values that ensure that, within 6 years of publication of a decision on BAT conclusions in accordance with Article 13(5) relating to the main activity of an installation, emissions do not, under normal operating conditions, exceed emission levels associ ated with emerging techniques as laid down in the decisions on BAT conclusions.’ |
| (b) indicative environmental performance values consistent with the decisions on BAT conclusions. |
The amendment ensures that emerging techniques are promoted as innovation pathways rather than converted prematurely into binding benchmarks. Indicative emission limit values provide flexibility for first-of-a-kind technologies, reduce investment risk and support industrial transformation.
| Text proposed by the Commission | Amendment |
|---|---|
| (2) Article 27d is deleted; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (2) Article 27d is deleted; | (2) In Article 27d(3), the second subparagraph is replaced by the following: |
| ‘Where elements of the transformation plans have already been developed in accordance with other Union legislation and are compliant with this Article, a reference may be made in the transformation plan to the relevant documents. By 1 July 2028, the Commission shall adopt an implementing act specifying the circumstances in which operators may consider that elements of the transformation plans are developed in accordance with other Union legislation and may therefore only include a reference in transformation plans to the relevant documents. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 75(2).’; |
| Text proposed by the Commission | Amendment |
|---|---|
| (3) Article 27e is amended as follows: | deleted |
| (a) in paragraph 1, first subparagraph, the introductory sentence is replaced by the following: | |
| ‘Without prejudice to Article 18, in the event of deep industrial transformation of the installation, the competent authority may extend the period for the installation to comply with the updated permit conditions referred to in Article 21(3) up to a total of eight years maximum, provided that:;’ | |
| ‘Without prejudice to Articles 18 and 22, in the event of deep industrial transformation consisting of the closure of an installation and its replacement by a new installation to be completed within eight years of publication of decisions on BAT conclusions, in accordance with Article 13(5), relating to the main activity of the existing installation, the competent authority may waive the obligation of updating the permit in accordance with Article 21(3), provided that all the following conditions are met:;’ |
| Text proposed by the Commission | Amendment |
|---|---|
| (3) Article 27e is amended as follows: | deleted |
| (a) in paragraph 1, first subparagraph, the introductory sentence is replaced by the following: | |
| ‘Without prejudice to Article 18, in the event of deep industrial transformation of the installation, the competent authority may extend the period for the installation to comply with the updated permit conditions referred to in Article 21(3) up to a total of eight years maximum, provided that:;’ | |
| ‘Without prejudice to Articles 18 and 22, in the event of deep industrial transformation consisting of the closure of an installation and its replacement by a new installation to be completed within eight years of publication of decisions on BAT conclusions, in accordance with Article 13(5), relating to the main activity of the existing installation, the competent authority may waive the obligation of updating the permit in accordance with Article 21(3), provided that all the following conditions are met:;’ |
| Text proposed by the Commission | Amendment |
|---|---|
| Without prejudice to Article 18, in the event of deep industrial transformation of the installation, the competent authority may extend the period for the installation to comply with the updated permit conditions referred to in Article 21(3) up to a total of eight years maximum, provided that: | Without prejudice to Article 18, in the event of deep industrial transformation of the installation, the competent authority may extend the period for the installation to comply with the updated permit conditions referred to in Article 21(3) up to a total of ten years maximum, provided that: |
| Text proposed by the Commission | Amendment |
|---|---|
| (aa) in paragraph 1, the following subparagraph is added: | |
| ‘The period referred to in the first subparagraph may be extended for such period as is strictly necessary, where compliance within eight years cannot reasonably be achieved due to the scale, technical complexity, investment cycle, construction schedule, permitting requirements, or dependency on enabling infrastructure of the deep industrial transformation provided that the delay is not attributable to circumstances within the operators control.’ |
| Text proposed by the Commission | Amendment |
|---|---|
| Without prejudice to Articles 18 and 22, in the event of deep industrial transformation consisting of the closure of an installation and its replacement by a new installation to be completed within eight years of publication of decisions on BAT conclusions, in accordance with Article 13(5), relating to the main activity of the existing installation, the competent authority may waive the obligation of updating the permit in accordance with Article 21(3), provided that all the following conditions are met: | Without prejudice to Articles 18 and 22, in the event of deep industrial transformation consisting of the closure of an installation and its replacement by a new installation to be completed within ten years of publication of decisions on BAT conclusions, in accordance with Article 13(5), relating to the main activity of the existing installation, the competent authority may waive the obligation of updating the permit in accordance with Article 21(3), provided that all the following conditions are met: |
| Text proposed by the Commission | Amendment |
|---|---|
| (ba) the following paragraph is added: | |
| ‘2a. Where a deep industrial transformation referred to in paragraphs 1 or 2 is materially dependent on the timely availability of external enabling infrastructure that is outside the control of the operator, including hydrogen infrastructure, carbon dioxide transport or storage infrastructure, low-carbon electricity supply or electricity grid capacity, the competent authority may extend the period referred to in paragraph 1 up to a total of ten years. Such an extension may be granted only where the operator demonstrates that the transformation remains technically and economically credible, that the delay is primarily caused by the lack of such external enabling infrastructure, and that the installation will apply interim measures to prevent or, where that is not practicable, minimise emissions and other environmental impacts. The competent authority shall include appropriate milestones, monitoring requirements and review clauses in the permit. This paragraph shall be without prejudice to Articles 14, 15, 18 and 22 and shall not allow a deterioration of local environmental quality or compliance with applicable environmental quality standards.’; |
Deep decarbonisation of energy-intensive industry often depends on external infrastructure that operators cannot deliver alone, such as hydrogen networks, CO₂ infrastructure or sufficient electricity grid capacity. Operators should not be penalised for infrastructure delays outside their control, provided the transformation remains credible and interim safeguards are applied.
| Text proposed by the Commission | Amendment |
|---|---|
| (bb) the following paragraph is inserted: | |
| ‘2b. For installations, or clearly separable parts of installations, whose purpose is linked to defence or national security, the competent authority may set emission limit values derogating from BAT-associated emission levels where strict application of those levels would demonstrably and directly affect essential security interests, operational defence readiness, or the continuity of defence-critical production. | |
| Any such derogation shall be limited to the specific pollutant, process and period for which it is strictly necessary, shall be reviewed regularly and shall be accompanied by proportionate alternative measures to prevent or, where that is not practicable, minimise emissions and other environmental impacts. Member States shall document the reasons for such derogation, without requiring the disclosure of classified information.’; |
Certain defence-critical installations may face exceptional operational or security constraints. A narrowly framed possibility to derogate from BAT-associated emission levels is justified where strict application would directly affect essential security interests or operational defence readiness. This does not create a general exemption from the IED, but ensures that environmental requirements are applied in a way that remains compatible with national security, while maintaining safeguards for human health and the environment.
| Text proposed by the Commission | Amendment |
|---|---|
| (3a) Articles 70a, 70b, 70c, 70d, 70e, 70f, 70g, 70h and 70i are deleted. |
| Text proposed by the Commission | Amendment |
|---|---|
| (3a) Article 70a is deleted |
Livestock farms should not be treated in the same way as industrial installations. Aggregating separate farms solely because they are geographically close or linked through economic or legal relationships risks bringing family farms and cooperative structures within the scope of the IED, even where individual holdings remain below the established thresholds. This approach does not reflect the actual environmental impact of each farm, creates legal uncertainty, discourages cooperation between farmers and imposes disproportionate administrative and compliance burdens without delivering corresponding environmental benefits. Therefore, livestock farming should be excluded from the scope of the IED.
| Text proposed by the Commission | Amendment |
|---|---|
| (3a) the following article is inserted: | |
| ‘Article 70aa | |
| Overriding public interest | |
| Member States shall ensure that, in permitting procedures, as well as in the planning, construction and operation of livestock installations pursuant to Chapter VIa, including related infrastructures and installations, these activities are presumed to be in the overriding public interest, in particular serving food production, security of supply and sustainable agricultural management. | |
| Member States shall ensure that permitting procedures for such activities are conducted efficiently and without undue delay. | |
| Member States may, in duly justified individual cases, restrict the application of this paragraph to specific parts of their territory, specific categories of livestock installations or installations with specific technical characteristics. | |
| Member States shall inform the Commission of such restrictions and provide justification therefore.’; |
Livestock farming makes an essential contribution to food production and security of supply in the Union. In a context of growing uncertainty and increasing requirements, maintaining a viable and sustainable production capacity is of particular importance.Classifying such activities as being in the overriding public interest strengthens legal certainty and enables more efficient procedures without undermining the objectives of Directive 2010/75/EU. It ensures an appropriate balance between environmental protection and food security.
Anne-Sophie Frigout, Valérie Deloge, Gilles Pennelle, Mathilde Androuët, Ondřej Knotek, Jana Nagyová, Antonín Staněk
| Text proposed by the Commission | Amendment |
|---|---|
| (3a) Article 70b is deleted. |
Precise details on the aggregation rule introduced by the revision of the directive are not given at this stage and the rule is not suitable for livestock activities that are not industrial, when a company or group has numerous sites. The rule is a potential source of additional administrative complexity.
| Text proposed by the Commission | Amendment |
|---|---|
| (3b) Article 70b is deleted |
Livestock farms should not be treated in the same way as industrial installations. Aggregating separate farms solely because they are geographically close or linked through economic or legal relationships risks bringing family farms and cooperative structures within the scope of the IED, even where individual holdings remain below the established thresholds. This approach does not reflect the actual environmental impact of each farm, creates legal uncertainty, discourages cooperation between farmers and imposes disproportionate administrative and compliance burdens without delivering corresponding environmental benefits. Therefore, livestock farming should be excluded from the scope of the IED.
Sergio Berlato, Michele Picaro, Pietro Fiocchi, Stefano Cavedagna, Nicola Procaccini, Antonella Sberna, Paolo Inselvini
| Text proposed by the Commission | Amendment |
|---|---|
| (3a) In Article 70b, paragraph 1 is replaced by the following: | |
| Member States shall adopt measures to ensure that if two or more installations engaged in livestock rearing activities are located close to each other and if their operator is the same or if the installations are under the control of operators who are engaged in an economic or legal relationship, the competent authority may consider those installations to be a single unit for the purpose of calculating the capacity threshold referred to in Article 70a. | Member States shall adopt measures to ensure that if two or more installations are engaged in livestock rearing activities, they are located very close to each other and if their operator is the same or they are under the control of operators who are engaged in an economic or legal relationship, the competent authority may consider those installations to be a single unit for the purpose of calculating the capacity threshold referred to in Article 70a. |
| Member States shall ensure that the rule referred to in the first subparagraph is not used to circumvent the obligations set out in this Directive. | Member States shall ensure that the rule referred to in the first subparagraph is not used to circumvent the obligations set out in this Directive. |
This amendment aims to make the wording of the Directive more precise and to give legal certainty to operators by clearly setting out the conditions for the application of the installation aggregation rule. It is also specified that installations must be ‘very’ close, which is a prerequisite for counting several installations as one. Otherwise, the distance between two pollution points would not justify the aggregation of installations from an environmental point of view.
| Present text | Amendment |
|---|---|
| (3a) in Article 70b(1), the first subparagraph is deleted; |
| Present text | Amendment |
|---|---|
| (3a) in Article 70(b)(1), the first subparagraph is replaced with the following: | |
| Member States shall adopt measures to ensure that if two or more installations engaged in livestock rearing activities are located close to each other and if their operator is the same or if the installations are under the control of operators who are engaged in an economic or legal relationship, the competent authority may consider those installations to be a single unit for the purpose of calculating the capacity threshold referred to in Article 70a. | ‘Member States shall adopt measures to ensure that if two or more installations engaged in livestock rearing activities are located close to each other or at any part of the area of land which drains into waters of the respective catchment and contributes to its pollution, and if their operator is the same or if the installations are under the control of operators who are engaged in an economic or legal relationship, or are under the control of different operators but belong to the same company, the competent authority may consider those installations to be a single unit for the purpose of calculating the capacity threshold referred to in Article 70a.’ |
While the EC will prepare guidance in 2028 for MS on the criteria to consider, the basic act can still use more precision- in particular the term used in other part of the Directive is inserted ''or are under the control of different operators but belong to the same company''. In the EU region where citizens won a court case related to livestock pollution in 2025, large number of installations pertain to the same company. Company is having more control over the thresholds and redistribution of installations than individual operators and in order to prevent circumvention of this rule, and to target all the subjects which are relevant for an application of this rule, this wording might better encompass the existing realities.
| Text proposed by the Commission | Amendment |
|---|---|
| (3c) Article 70c is deleted; |
Livestock farms should not be treated in the same way as industrial installations. Aggregating separate farms solely because they are geographically close or linked through economic or legal relationships risks bringing family farms and cooperative structures within the scope of the IED, even where individual holdings remain below the established thresholds. This approach does not reflect the actual environmental impact of each farm, creates legal uncertainty, discourages cooperation between farmers and imposes disproportionate administrative and compliance burdens without delivering corresponding environmental benefits. Therefore, livestock farming should be excluded from the scope of the IED.
| Present text | Amendment |
|---|---|
| (3b) In Article 70c, paragraph 1 is replaced by the following: | |
| Member States shall take the necessary measures to ensure that no installation falling within the scope of this Chapter operates without a permit or without being registered and that the operation of all installations within the scope of this Chapter complies with the uniform conditions for operating rules referred to in Article 70i. | Member States shall take the necessary measures to ensure that no installation falling within the scope of this Chapter operates without a permit or without being registered and that the operation of all such installations complies with the uniform rules for operating conditions referred to in Article 70i. |
| Member States may use any similar pre-existing procedure for the registration of installations in order to avoid creating an administrative burden. | |
| Member States may apply a permitting procedure to the intensive rearing of poultry and pigs: | Member States may apply a permitting procedure to the rearing of poultry and pigs: |
| (a) with more than 40 000 places for poultry; | (a) with more than 40 000 places for poultry; |
| (b) with more than 2 000 places for production pigs over 30 kg; or | (b) with more than 2 000 places for production pigs (over 30 kg); |
| (c) with more than 750 places for sows. | (c) with more than 750 places for sows. |
| Member States may include requirements for certain categories of installations falling within the scope of this Chapter in the general binding rules referred to in Article 6. | Member States may include requirements for certain categories of installations falling within this Chapter in the general binding rules referred to in Article 6. |
| Member States shall specify the procedure for registration or granting a permit in respect of installations falling within the scope of this Chapter. Those procedures shall include at least the information listed in paragraph 2. | Member States shall specify the procedure for registration or permitting applicable to installations falling within this Chapter. Those procedures shall include, at a minimum, the information listed in paragraph 2. |
Anne-Sophie Frigout, Valérie Deloge, Gilles Pennelle, Mathilde Androuët, Ondřej Knotek, Jana Nagyová
| Text proposed by the Commission | Amendment |
|---|---|
| (3b) In article 70c(2), point (c) is deleted; |
| Present text | Amendment |
|---|---|
| (3b) in Article 70c(1), the first subparagraph is replaced by the following | |
| Member States shall take the necessary measures to ensure that no installation falling within the scope of this Chapter operates without a permit or without being registered and that the operation of all installations within the scope of this Chapter complies with the uniform conditions for operating rules referred to in Article 70i. | ‘Member States shall take the necessary measures to ensure that no installation falling within the scope of this Chapter operates without a permit or without being registered and that the operation of all installations within the scope of this Chapter complies with the uniform conditions for operating rules referred to in Article 70i. This obligation shall apply only to installations newly constructed after the entry into force of this Chapter.’; |
| Present text | Amendment |
|---|---|
| (3c) in Article 70c(1), the third subparagraph is deleted; |
| Text proposed by the Commission | Amendment |
|---|---|
| (3d) Article 70d is deleted; |
Livestock farms should not be treated in the same way as industrial installations. Aggregating separate farms solely because they are geographically close or linked through economic or legal relationships risks bringing family farms and cooperative structures within the scope of the IED, even where individual holdings remain below the established thresholds. This approach does not reflect the actual environmental impact of each farm, creates legal uncertainty, discourages cooperation between farmers and imposes disproportionate administrative and compliance burdens without delivering corresponding environmental benefits. Therefore, livestock farming should be excluded from the scope of the IED.
Anne-Sophie Frigout, Valérie Deloge, Gilles Pennelle, Mathilde Androuët, Ondřej Knotek, Jana Nagyová, Antonín Staněk
| Text proposed by the Commission | Amendment |
|---|---|
| (3c) Article 70d is deleted; |
Given the reporting obligations already introduced by the Emissions Portal Regulation, this obligation seems redundant.
| Present text | Amendment |
|---|---|
| (3b) In Directive (EU) 2010/75, Article 70d is amended as follows: | |
| 1. Member States shall ensure that the operator carries out monitoring of emissions and of associated environmental performance levels in accordance with the uniform conditions for operating rules referred to in Article 70i. | Member States shall ensure that the operator monitors emissions and associated environmental performance levels in accordance with the uniform operating rules referred to in Article 70i. |
| Monitoring data shall be obtained by means of measurement methods or, where not practicable, by calculation methods such as the use of emission factors. The methods used for obtaining the monitoring data shall be described in the operating rules. | Monitoring data shall be obtained by means of measurement methods or by calculation methods, including the use of emission factors. The methods used for obtaining the monitoring data shall be described in the operating rules. |
| 2. In the event of non-compliance with the emission limit values and environmental performance limit values set out in the uniform conditions for operating rules referred to in Article 70i, Member States shall require the operator to take the measures necessary to ensure that compliance is restored within the shortest possible time. | In the event of non-compliance with the emission limit values and environmental performance limit values set out in the uniform operating rules, Member States shall require the operator to take the measures necessary to ensure that compliance is restored within a compatible timeframe, taking account of the specificities of the agricultural sector. |
| Text proposed by the Commission | Amendment |
|---|---|
| (3b) in Article 70(d), the following paragraph is added: | |
| ‘3a. Member States may use the data on the use of veterinary antimicrobial medicinal products for which data on use shall be collected from data providers in accordance with Commission Delegated Regulation (EU) 2021/578 supplementing Regulation (EU) 2019/6, including from farmers, when selecting representative monitoring stations for the purpose of monitoring indicators of antimicrobial resistance on groundwater and surface water watch list in accordance with Directive (EU) 2026 /805. Where a monitoring station for indicators of antimicrobial resistance is located in the vicinity of a livestock installation covered by this Directive where this has a potential to affect the quality of water relevant for the monitoring in question, the respective operator of the livestock installation shall be given prior notice. | |
| The respective monitoring of indicators present on the surface and groundwater watch list comes at a no cost to the operator.’; |
Anne-Sophie Frigout, Valérie Deloge, Gilles Pennelle, Mathilde Androuët, Ondřej Knotek, Jana Nagyová
| Text proposed by the Commission | Amendment |
|---|---|
| (3d) Article 70d is amended as follows: | |
| (a) the third subparagraph of paragraph 1 is deleted; | |
| (b) paragraph 2 is replaced by the following: | |
| ‘2. In the event of non-compliance with the emission values and environmental performance limit values set out in the uniform conditions for operating rules referred to in Article 70i, Member States shall require the operator to take the measures necessary to ensure that compliance is restored within deadlines compatible with the specificities of the agricultural sector.’ |
Livestock farming is based on biological cycles. Unlike the industrial sector, adjustments are constrained by unavoidable time factors.
If limit values are exceeded as a result of production factors that are already in place (genetic type, working methods, production system, etc.), lowering those values may require an adaptation time that is considerably different from ‘simple’ technological adjustments.
| Text proposed by the Commission | Amendment |
|---|---|
| Article 70e | (3e) Article 70e is deleted |
Livestock farms should not be treated in the same way as industrial installations. Aggregating separate farms solely because they are geographically close or linked through economic or legal relationships risks bringing family farms and cooperative structures within the scope of the IED, even where individual holdings remain below the established thresholds. This approach does not reflect the actual environmental impact of each farm, creates legal uncertainty, discourages cooperation between farmers and imposes disproportionate administrative and compliance burdens without delivering corresponding environmental benefits. Therefore, livestock farming should be excluded from the scope of the IED.
| Present text | Amendment |
|---|---|
| (3d) Article 70e is replaced by the following: | |
| 1.Member States shall ensure that suitable monitoring is carried out in accordance with the uniform conditions for operating rules referred to in Article 70i. | 1. Member States shall ensure that suitable monitoring is carried out in accordance with the uniform operating rules referred to in Article 70i. |
| 2.All monitoring results shall be recorded, processed and presented in such a way as to enable the competent authority to verify compliance with the operating conditions, emission limit values and environmental performance limit values which are included in the general binding rules referred to in Article 6 or in the permit. | 2. All monitoring results shall be recorded, processed and presented in such a way as to enable the competent authority to verify compliance with the operating conditions, emission limit value ranges and environmental performance limit values which are set in the general binding rules referred to in Article 6 or in the permit. |
| 3.The operator shall, without delay, make available the data and information listed in paragraph 2 to the competent authority upon request. The competent authority may make such a request in order to verify compliance with the uniform conditions for operating rules. The competent authority shall make that request if a member of the public requests access to the data or information listed in paragraph 2. | 3. The operator shall make available the data and information referred to in paragraph 2 to the competent authority upon request. |
Anne-Sophie Frigout, Valérie Deloge, Gilles Pennelle, Mathilde Androuët, Ondřej Knotek, Jana Nagyová
| Present text | Amendment |
|---|---|
| (3e) In Article 70e, paragraph 2 is replaced by the following: | |
| 2. All monitoring results shall be recorded, processed and presented in such a way as to enable the competent authority to verify compliance with the operating conditions, emission limit values and environmental performance limit values which are included in the general binding rules referred to in Article 6 or in the permit. | ‘2. All monitoring results shall be recorded, processed, and presented in such a way as to enable the competent authority to verify compliance with the operating conditions, emission limit values and environmental performance limit value ranges which are included in the general binding rules referred to in Article 6 or in the permit.’ |
Disclosing sensitive data on operations at each facility can leave farmers seriously exposed. Only the competent authority responsible for controls should have access to this information. Allowing anyone, even without any standing, to request such disclosure appears to be wholly disproportionate.
Anne-Sophie Frigout, Valérie Deloge, Gilles Pennelle, Mathilde Androuët, Ondřej Knotek, Jana Nagyová
| Present text | Amendment |
|---|---|
| (3f) In Article 70e, paragraph 3 is replaced by the following: | |
| 3. The operator shall, without delay, make available the data and information listed in paragraph 2 to the competent authority upon request. The competent authority may make such a request in order to verify compliance with the uniform conditions for operating rules. The competent authority shall make that request if a member of the public requests access to the data or information listed in paragraph 2. | ‘3. The operator shall make available the data and information listed in paragraph 2 to the competent authority upon request. The competent authority may make such a request in order to verify compliance with the uniform conditions for operating rules.’ |
Disclosing sensitive data on operations at each facility can leave farmers seriously exposed. Only the competent authority responsible for controls should have access to this information. Allowing anyone, even without any standing, to request such disclosure appears wholly disproportionate.
| Text proposed by the Commission | Amendment |
|---|---|
| (3f) Article 70f is deleted |
Livestock farms should not be treated in the same way as industrial installations. Aggregating separate farms solely because they are geographically close or linked through economic or legal relationships risks bringing family farms and cooperative structures within the scope of the IED, even where individual holdings remain below the established thresholds. This approach does not reflect the actual environmental impact of each farm, creates legal uncertainty, discourages cooperation between farmers and imposes disproportionate administrative and compliance burdens without delivering corresponding environmental benefits. Therefore, livestock farming should be excluded from the scope of the IED.
| Present text | Amendment |
|---|---|
| (3e) In Article 70f(3), the first subparagraph is replaced by the following: | |
| 3. In the event of non-compliance with the requirements set out in this Chapter, Member States shall ensure that the competent authority requires the operator to take any measures, in addition to the measures taken by the operator under Article 70d, that are necessary to ensure that compliance is restored without delay. | ‘3. In the event of non-compliance with the requirements set out in this Chapter, Member States shall ensure that the competent authority requires the operator to take any measures, in addition to the measures taken by the operator under Article 70d, that are necessary to ensure that compliance is restored within a reasonable deadline which takes account of the specificities of the sector.’ |
Anne-Sophie Frigout, Valérie Deloge, Gilles Pennelle, Mathilde Androuët, Ondřej Knotek, Jana Nagyová, Antonín Staněk
| Present text | Amendment |
|---|---|
| (3g) In Article 70f, paragraph 3, the first subparagraph is replaced by the following: | |
| 3. In the event of non-compliance with the requirements set out in this Chapter, Member States shall ensure that the competent authority requires the operator to take any measures, in addition to the measures taken by the operator under Article 70d, that are necessary to ensure that compliance is restored without delay. | ‘3. In the event of non-compliance with the requirements set out in this Chapter, Member States shall ensure that the competent authority requires the operator to take any measures, in addition to the measures taken by the operator under Article 70d, that are necessary to ensure that compliance is restored within a reasonable deadline which takes account of the specificities of the sector.’ |
| Present text | Amendment |
|---|---|
| (3b) In Article 70f, the second subparagraph of paragraph 3 is replaced by the following: | |
| Where non-compliance causes a significant degradation of local air, water or soil conditions, or where it poses, or risks posing, a significant danger to human health, the operation of the installation shall be suspended by the competent authority until compliance is restored. | Where non-compliance causes a significant degradation of local air, water or soil conditions, or where it poses, or risks posing, a significant danger to human health, the competent authority may adopt relevant measures to ensure compliance, including suspending the operation of the installation until compliance is restored. |
The Directive should provide for the possibility of not applying the suspension of activity directly in case of non-compliance. The avenues for cooperation between the administration and the company responsible should be exhausted before resorting to drastic measures.
| Text proposed by the Commission | Amendment |
|---|---|
| (3f) Article 70g is replaced by the following: | |
| 1. Member States shall ensure that the public concerned are given early and effective opportunities to participate in the following procedures: | ‘1. Member States shall ensure that the public directly concerned are given, at an early and effective stage, the opportunity to participate in the following procedures: |
| (a) preparation of general binding rules as referred to in Article 6 on permits for installations falling within the scope of this Chapter; | (a) preparation of general binding rules as referred to in Article 6 on permits for installations falling within this Chapter; |
| (b) the granting of a permit for a new installation falling within the scope of this Chapter; | (b) the granting of a permit for a new installation; |
| (c) the granting of an updated permit in accordance with Article 70c(4) for any substantial change to an existing installation falling within the scope of this Chapter; or | (c) the granting of an updated permit in accordance with Article 70c(4) for any substantial change to an existing installation; |
| (d) the procedure for registration, in the event that general binding rules are not adopted, and the Member States allow the installation only to be registered. | (d) the procedure for registration, in the event that general binding rules are not adopted, and the Member State allows only registration. |
| 2. The competent authority shall make available to the public, including systematically via the internet, free of charge and without restricting access to registered users, the following documents and information: | 2. The competent authority shall make available to the public directly concerned, including via the internet, free of charge and without restricting access to registered users, the following documents and information: |
| (a) the permit or the registration; | (a) the permit or the registration; |
| (b) the results of the consultations held in accordance with paragraph 1; | (b) the results of the consultations held in accordance with paragraph 1; |
| (c) the general binding rules referred to in Article 6 which are applicable to installations falling within the scope of this Chapter; and | (c) the general binding rules referred to in Article 6.’ |
| (d) the reports of inspections of the installations falling within the scope of this Chapter. |
| Present text | Amendment |
|---|---|
| (3b) in Article 70g(1), the introductory part is replaced by the following: | |
| 1. Member States shall ensure that the public concerned are given early and effective opportunities to participate in the following procedures: | ‘1. Member States shall ensure that the public directly affected are given early and effective opportunities to participate in the following procedures:’ |
| Present text | Amendment |
|---|---|
| (3c) in Article 70g(2), the introductory part is replaced by the following: | |
| 2. The competent authority shall make available to the public, including systematically via the internet, free of charge and without restricting access to registered users, the following documents and information: | ‘2. The competent authority shall make available to the public directly affected, including via the internet, free of charge and without restricting access to registered users, the following documents and information:’ |
Anne-Sophie Frigout, Valérie Deloge, Gilles Pennelle, Mathilde Androuët, Ondřej Knotek, Jana Nagyová
| Text proposed by the Commission | Amendment |
|---|---|
| (3h) In article 70g(2), point (d) is deleted; |
Checks are the state’s responsibility, and it will take any measures needed to ensure installations operate properly. There is no reason to give open access to these reports.
| Text proposed by the Commission | Amendment |
|---|---|
| (3g) Article 70g is amended as follows: | |
| (a) in paragraph 1, the introductory part is replaced by the following: | |
| ‘Member States shall ensure that the public directly affected are given early and effective opportunities to participate in the following procedures:’ | |
| (b) paragrah 2 is replaced by the following: | |
| ‘2. The competent authority shall make available to the public directly affected, including via the internet, free of charge and without restricting access to registered users, the following documents and information: | |
| (a) the permit; | |
| (b) the results of the consultations held in accordance with paragraph 1; | |
| (c) the general binding rules referred to in Article 6 applicable to installations falling within the scope of this Chapter.’; |
Only persons with a direct interest in the case should have standing to take part in the permit‑granting or permit‑updating process.
| Text proposed by the Commission | Amendment |
|---|---|
| (3h) Article 70h is deleted |
Livestock farms should not be treated in the same way as industrial installations. Aggregating separate farms solely because they are geographically close or linked through economic or legal relationships risks bringing family farms and cooperative structures within the scope of the IED, even where individual holdings remain below the established thresholds. This approach does not reflect the actual environmental impact of each farm, creates legal uncertainty, discourages cooperation between farmers and imposes disproportionate administrative and compliance burdens without delivering corresponding environmental benefits. Therefore, livestock farming should be excluded from the scope of the IED.
| Text proposed by the Commission | Amendment |
|---|---|
| (3g) In Article 70h, paragraph 1 is replaced by the following: | |
| Member States shall ensure that, in accordance with the relevant national legal system, members of the public concerned have access to a review procedure before a court of law or another independent and impartial body established by law to challenge the substantive or procedural legality of decisions, acts or omissions subject to this Chapter when one of the following conditions is met: | Member States shall ensure that, in accordance with the relevant national legal system, members of the public directly concerned have access to a review procedure before a court of law, or another independent and impartial body established by law, in order to challenge the substantive or procedural legality of decisions, acts or omissions subject to this Chapter when one of the following conditions is met: |
| (a) they have a sufficient interest; | (a) they have a direct interest; |
| (b) they maintain the impairment of a right, where administrative procedural law of a Member State requires this as a precondition. | (b) they cite the impairment of a right, where administrative procedural law of a Member State requires this as a precondition. |
| Standing in the review procedure shall not be conditional on the role that the member of the public concerned played during a participatory phase of the decision-making procedures under this Directive. | The admissibility of the review procedure shall not be made conditional on the role that the member of the public concerned played during a participatory phase of the decision-making procedures under this Directive. |
| The review procedure shall be fair, equitable, timely and not prohibitively expensive, and shall provide for adequate and effective remedies, including injunctive relief as appropriate. | The review procedure shall be equitable, impartial, timely and not prohibitively expensive, and shall provide for adequate and effective redress mechanisms, including injunctive relief as appropriate. |
| Present text | Amendment |
|---|---|
| (3d) in Article 70h(1), the introductory part is replaced by the following: | |
| Member States shall ensure that, in accordance with the relevant national legal system, members of the public concerned have access to a review procedure before a court of law, or another independent and impartial body established by law to challenge the substantive or procedural legality of decisions, acts or omissions subject to this Chapter when one of the following conditions is met: | ‘Member States shall ensure that, in accordance with the relevant national legal system, members of the public directly affected have access to a review procedure before a court of law, or another independent and impartial body established by law to challenge the substantive or procedural legality of decisions, acts or omissions subject to this Chapter when one of the following conditions is met:’ |
| Present text | Amendment |
|---|---|
| (3e) in Article 70h(1), point a is replaced by the following: | |
| (a) they have a sufficient interest; | ‘(a) they have a direct interest;’; |
| Text proposed by the Commission | Amendment |
|---|---|
| (3d) in Article 70h, the following paragraph is added: | |
| ‘2a. In the context of judicial proceedings relating to permitting decisions under this Directive, Member States may preclude arguments from being raised before a court of law where they were not raised during the administrative stage, as long as the competent authority made available the necessary information in due time so that those arguments were known or could have been known and reviewed during the administrative stage leading to the authorisation of the project, without prejudice to the right of access to justice.’; |
| Text proposed by the Commission | Amendment |
|---|---|
| (3h) Article 70i is replaced by the following: | |
| 1. The Commission shall organise an exchange of information between Member States, the sectors concerned, non-governmental organisations promoting environmental protection and the Commission before establishing uniform conditions for operating rules in accordance with paragraph 2. The exchange of information shall, in particular, address the following: | ‘1. The Commission shall organise an exchange of information between Member States, the sectors concerned, non-governmental organisations promoting environmental protection and the Commission before establishing uniform conditions for operating rules in accordance with paragraph 2. The exchange of information shall, in particular, address the following: |
| (a) the emission and environmental performance levels of installations and techniques, and other measures consistent with Annex III; | (a) the emission and environmental performance levels of installations and techniques, and other measures consistent with Annex III; |
| (b) the techniques used, associated monitoring, cross-media effects, economic and technical viability and developments in that regard; | (b) the techniques used, associated monitoring, cross-media effects, economic and technical viability and developments in that regard; |
| (c) best available techniques identified after considering the issues mentioned in points (a) and (b); | (c) best available techniques identified after considering the issues mentioned in points (a) and (b); |
| (d) emerging techniques. | (d) emerging techniques. |
| 1a. The limit values provided for in the uniform conditions for operating rules may be assessed by physiological stage or on an overall holding basis. | |
| 2. Before adopting the implementing act establishing uniform rules for operating conditions, the Commission shall carry out an assessment of the economic, financial, social and environmental impacts of the proposed measures. That assessment shall be made public before the draft implementing act is submitted for consultation. | |
| 2. The Commission shall adopt by 1 September 2026 an implementing act to establish uniform conditions for operating rules for each of the activities referred to in Annex Ia. | 2. The Commission shall adopt by 1 September 2027 an implementing act establishing uniform rules on operating conditions for each of the activities referred to in Annex Ia. |
| The uniform conditions for operating rules shall be consistent with the use of best available techniques for the activities listed in Annex Ia and shall take into account the nature, type, size and stocking density of those installations, the size of herds of single animal types in mixed farms, and the specificities of pasture-based rearing systems, where animals are only seasonally reared in indoor installations. They shall also include indicative information on emerging techniques, where available. | The uniform rules on operating conditions shall be consistent with the use of best available techniques for the activities listed in Annex Ia and shall take into account the nature, type, size and stocking density of those installations, the size of herds by animal type in mixed farms, and the specificities of outdoor rearing systems, where animals are only seasonally reared indoors. They shall also include, where appropriate, indicative information on emerging techniques. Member States may supplement or replace the emission levels and environmental performance of installations and techniques referred to in point (a) of paragraph 1 with parameters or technical measures that ensure a high level of environmental protection, while taking into account the specific structural, climate and economic features of livestock systems. |
| That implementing act shall be adopted in accordance with the examination procedure referred to in Article 75(2). | That implementing act shall be adopted in accordance with the examination procedure referred to in Article 75(2). |
| 3. 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 uniform conditions for operating rules. | 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 uniform rules for operating conditions or updates thereof. |
| 4. The uniform rules on operating conditions adopted under this Article shall constitute fully harmonised requirements for the activities falling under Annex Ia, and Member States shall not adopt or maintain additional or more stringent national measures concerning emission reduction, nutrient and manure management, housing systems, environmental performance obligations or other operational environmental requirements for those activities, unless such derogation is explicitly provided for under Union law. | |
| By way of derogation from the first sentence and Article 70c, the competent authority may, in duly justified exceptional cases, set less stringent emission limit values or environmental performance standards where a documented assessment demonstrates that achieving the levels resulting from application of the uniform rules would entail costs that are manifestly disproportionate to the environmental benefits, provided that no significant pollution is caused and that all Union environmental quality standards are followed. The competent authority shall set out, in an annex to the permit conditions, the reasons justifying such a derogation, including the results of the assessment and the justification for the conditions imposed.’ |
| Text proposed by the Commission | Amendment |
|---|---|
| (3c) In Article 70i, paragraph 2, subparagraph 1 is replaced by the following: | |
| The Commission shall adopt by 1 September 2026 an implementing act to establish uniform conditions for operating rules for each of the activities referred to in Annex Ia. | ‘The Commission shall adopt by 1 September 2028 an implementing act to establish uniform conditions for operating rules for each of the activities referred to in Annex Ia.’ |
It is necessary to provide for reasonable time frames for establishing uniform conditions for the operation of livestock rearing activities. In line with the approach taken in terms of implementation deadlines, a longer deadline can be envisaged for the adoption of the implementing act, which should be done in dialogue and consultation with the sectors concerned, who will be responsible for making the required investments.
Anne-Sophie Frigout, Valérie Deloge, Gilles Pennelle, Mathilde Androuët, Ondřej Knotek, Jana Nagyová
| Text proposed by the Commission | Amendment |
|---|---|
| (3i) Article 70i is amended as follows: | |
| (a) In paragraph 1, the following points are added: | |
| ‘(da) Prior to the adoption of the implementing act to establish uniform conditions for operating rules, the Commission shall carry out an assessment of the economic, financial, social and environmental impacts of the planned measure; | |
| (db) The assessment shall be published before the consultation phase for the draft implementing act.’; | |
| (b) The following paragraph is inserted: | |
| ‘1a. The limit values provided for in the uniform conditions for operating rules may be assessed by physiological stage or on an overall holding basis.’ | |
| (c) In paragraph 2, the second subparagraph is replaced by the following: | |
| ‘The uniform conditions for operating rules shall be consistent with the use of best available techniques for the activities listed in Annex Ia and shall take into account the nature, type, size and stocking density of those installations, the size of herds of single animal types in mixed farms, and the specificities of pasture-based rearing systems, where animals are only seasonally reared in indoor installations. They shall also include indicative information on emerging techniques, where available. Member States may supplement or replace the emission levels and environmental performance of installations and techniques referred to in point (a) of paragraph 1 with parameters or technical measures that ensure a high level of environmental protection, while taking into account the specific structural, climate and economic features of livestock systems.’; | |
| (d) The following paragraph is added: | |
| ‘4. By way of derogation from Article 70c, the competent authority may, in specific cases, set less strict environmental performance or emission limits. Such a derogation may apply only where an assessment shows that the achievement of emission levels and environmental performance as described in the operating rules referred to in paragraph 1 would lead to disproportionately higher costs compared to the environmental benefits. The competent authority shall document in an annex to the permit conditions the reasons for which the first subparagraph applies, including the result of the assessment and the justification for the conditions imposed, and shall ensure that no significant pollution is caused.’; |
| Present text | Amendment |
|---|---|
| (3d) In Article 70i, paragraph 1, point (b) is replaced by the following: | |
| the techniques used, associated monitoring, cross-media effects, economic and technical viability and developments in that regard; | ‘the techniques used, associated monitoring, cross-media effects, economic and technical viability, the value for money of their use in relation to the size of the farm, the climatic and regional conditions, and the availability of sufficiently representative and comparable data;’ |
| Present text | Amendment |
|---|---|
| (3e) In Article 70i, paragraph 2, the second subparagraph is replaced by the following: | |
| The uniform conditions for operating rules shall be consistent with the use of best available techniques for the activities listed in Annex Ia and shall take into account the nature, type, size and stocking density of those installations, the size of herds of single animal types in mixed farms, and the specificities of pasture-based rearing systems, where animals are only seasonally reared in indoor installations. | ‘The uniform operating conditions shall be consistent with the use of best available techniques for the activities listed in Annex Ia and shall take into account the nature, type, size and stocking density of the installations, the size of the farms, the various production systems, the climatic and regional conditions, including Mediterranean climates, and the technical and financial viability of the techniques required. Such conditions shall not impose any emission limit values or environmental performance levels that cannot be achieved using techniques that are available, proportionate and economically viable for the category of farm in question.’ |
| Present text | Amendment |
|---|---|
| (02010L0075-20240804) | (3f) In Article 70i, paragraph 2, the following subparagraph is added: |
| ‘Prior to the adoption of the implementing act mentioned in this paragraph, the Commission shall carry out an assessment of the economic, financial, social and environmental impacts of the proposed measures. That assessment shall consider, in particular, their effects on the viability of livestock farms, production capacity, the competitiveness of the sector, food security, competent administrations and small and medium-sized farms. The assessment shall be published before the submission of the draft implementing act.’ |
| Present text | Amendment |
|---|---|
| (02010L0075-20240804) | (3g) In Article 70i, the following paragraph is added: |
| ‘3a. Uniform operating conditions adopted pursuant to this Article shall constitute harmonised requirements for the activities listed in Annex Ia. Member States may not adopt or maintain any additional or more stringent operational environmental requirements as regards the matters regulated by those uniform operating conditions, unless such requirements are demanded by Union law.’ |
| Present text | Amendment |
|---|---|
| (02010L0075-20240804) | (3h) In Article 70i, the following paragraph is added: |
| ‘3b. Notwithstanding the provisions in paragraph 2 of this Article and in Article 70c, the competent authority may, in duly justified and exceptional cases, set less stringent emission or environmental performance levels than those derived from the uniform operating conditions in respect of a specific installation, where it is proven by means of a documented assessment that achieving those levels would generate costs that are clearly disproportionate to the environmental benefits owing to: | |
| (a) the geographical location of the installation; | |
| (b) the local environmental conditions; | |
| (c) the climatic or regional conditions; | |
| (d) the technical, structural or production-related characteristics of the installation. | |
| In such cases, the competent authority shall explicitly justify the decision, including the outcome of the assessment carried out and the justification for the conditions imposed. Application of this derogation may not compromise compliance with the relevant environmental quality standards.’ |
| Present text | Amendment |
|---|---|
| (3b) in Article 70i, paragraph 2 is replaced by the following: | |
| 2. The Commission shall adopt by 1 September 2026 an implementing act to establish uniform conditions for operating rules for each of the activities referred to in Annex Ia. | ‘2 The Commission shall adopt by 1 September 2027 an implementing act to establish uniform conditions for operating rules for each of the activities referred to in Annex Ia. |
| The uniform conditions for operating rules shall be consistent with the use of best available techniques for the activities listed in Annex Ia and shall take into account the nature, type, size and stocking density of those installations, the size of herds of single animal types in mixed farms, and the specificities of pasture-based rearing systems, where animals are only seasonally reared in indoor installations. They shall also include indicative information on emerging techniques, where available. | The uniform conditions for operating rules shall be consistent with the use of best available techniques for the activities listed in Annex Ia and shall take into account the nature, type, size and stocking density of those installations, the size of herds of single animal types in mixed farms, and the specificities of pasture-based rearing systems, where animals are only seasonally reared in indoor installations. They shall also include indicative information on emerging techniques, where available. |
| That implementing act shall be adopted in accordance with the examination procedure referred to in Article 75(2). | That implementing act shall be adopted in accordance with the examination procedure referred to in Article 75(2). |
| Before adopting the implementing act referred to in the first subparagraph of this Article, the Commission shall carry out and publish a comprehensive impact assessment. The impact assessment shall evaluate the expected economic, financial, social and environmental impacts of the proposed measures, including their effects on the competitiveness of Union industry and agriculture, the viability of agricultural holdings, food security, investment capacity, innovation, administrative burden, employment, rural areas, security of supply, and the level playing field within the internal market and internationally. The assessment shall also examine the proportionality and cost-effectiveness of the proposed measures, including their cumulative impacts in combination with other relevant Union legislation. The implementing act shall not be adopted before that assessment has been completed and made publicly available.’ |
| Present text | Amendment |
|---|---|
| (3e) in Article 70i, the following paragraphs are added: | |
| ‘3a. When establishing uniform operating conditions pursuant to this Article, it shall be ensured that the requirements are defined having regard to technical feasibility and the economic viability of the installations concerned. In particular, due account shall be taken of the principle of proportionality, so that the economic burden for operators remains commensurate with the environmental benefit pursued. | |
| 3b. When establishing uniform operating conditions pursuant to this Article, it shall be ensured that requirements relating to monitoring, measurements, reporting and documentation do not go beyond what is necessary to ensure a high level of environmental protection overall. The specific characteristics of agricultural activities and the economic viability of the installations concerned shall be duly taken into account. With regard to small and medium-sized agricultural holdings within the meaning of Commission Recommendation 2003/361/EC, the uniform operating conditions shall respect the principle of proportionality and, where appropriate, allow for the application of simplified and standardised requirements.’; |
| Present text | Amendment |
|---|---|
| (3c) Article 70i(3) is replaced by the following: | |
| 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 uniform conditions for operating rules.’ | ‘Member States shall ensure that the competent authority follows or is informed of developments in best available techniques, and of updated lists of pollutants and their quality standards, where applicable, and of the publication of any new or updated uniform conditions for operating rules. |
| Uniform conditions for operating rules shall in particular follow any update in a potential classification of indicators of antimicrobial resistance as pollutants, following their removal from the watchlist, and propose appropriate measures to ensure high protection of environment and human health. ’ |
it is opportune to include in this omnibus a future-proof provision that in case indicators of antimicrobial resistance get to the list of priority substances, they might become as well new pollutants to take care of in case of livestock installations covered by this Directive.
| Text proposed by the Commission | Amendment |
|---|---|
| (3i) In Article 73, paragraph 3 is deleted; |
Anne-Sophie Frigout, Valérie Deloge, Gilles Pennelle, Mathilde Androuët, Ondřej Knotek, Jana Nagyová, Antonín Staněk
| Text proposed by the Commission | Amendment |
|---|---|
| (3h) In Article 73, paragraph 3 is deleted; |
This report is not useful because it does not take account of mirror clauses and because European cattle farming is in a particularly sensitive situation. It would create a significant administrative burden and costs at a time when the number of livestock is falling and new rules would exacerbate the considerable challenges of generational renewal.
| Present text | Amendment |
|---|---|
| (3f) Article 73 is replaced by the following: | |
| Article 73 | ‘Article 73 |
| Review | Review |
| 1. By 30 June 2028 and every 5 years thereafter, the Commission shall submit to the European Parliament and to the Council a report reviewing the implementation of this Directive. The report shall include information on activities for which BAT conclusions have or have not been adopted pursuant to Article 13(5) of this Directive, take into account the dynamics of innovation, including emerging techniques, the need for further pollution prevention measures and the review referred to in Article 8 of Directive 2003/87/EC. | 1. By 30 June 2028 and every 5 years thereafter, the Commission shall submit to the European Parliament and to the Council a report reviewing the implementation of this Directive. The report shall include information on activities for which BAT conclusions have or have not been adopted pursuant to Article 13(5) of this Directive, take into account the dynamics of innovation, including emerging techniques, the need for further pollution prevention measures and the review referred to in Article 8 of Directive 2003/87/EC. |
| That report shall include an assessment of the need for Union action through the establishment or updating of Union-wide minimum requirements for emission limit values and for rules on monitoring and compliance for activities within the scope of the BAT conclusions adopted during the previous five-year period, on the basis of the following criteria: | That report shall include an assessment of the need for Union action through the establishment or updating of Union-wide minimum requirements for emission limit values and for rules on monitoring and compliance for activities within the scope of the BAT conclusions adopted during the previous five-year period, on the basis of the following criteria: |
| (a) the impact of the activities concerned on the environment as a whole and on human health; | (a) the impact of the activities concerned on the environment as a whole and on human health; |
| (b) the state of implementation of best available techniques for the activities concerned. | (b) the state of implementation of best available techniques for the activities concerned. |
| That assessment shall consider the opinion of the forum referred to in Article 13(4). | That assessment shall consider the opinion of the forum referred to in Article 13(4). |
| Chapter III and Annex V of this Directive shall be considered to represent the Union-wide minimum requirements in the case of large combustion plants. | Chapter III and Annex V of this Directive shall be considered to represent the Union-wide minimum requirements in the case of large combustion plants. |
| The report shall be accompanied by a legislative proposal where appro priate. Where the assessment referred to in the second subparagraph identifies such a need, the legislative proposal shall include provisions establishing or updating Union-wide minimum requirements for emission limit values and for rules on monitoring and compliance assessment for the activities concerned. | The report shall be accompanied by a legislative proposal where appro priate. Where the assessment referred to in the second subparagraph identifies such a need, the legislative proposal shall include provisions establishing or updating Union-wide minimum requirements for emission limit values and for rules on monitoring and compliance assessment for the activities concerned. |
| 2. The Commission shall, by 31 December 2012, review the need to control emissions from: | 2. The Commission shall, by 31 December 2012, review the need to control emissions from: |
| (a) the combustion of fuels in installations with a total rated thermal input below 50 MW; | (a) the combustion of fuels in installations with a total rated thermal input below 50 MW; |
| (b) the intensive rearing of cattle; and | (b) the intensive rearing of cattle; and |
| (c) the spreading of manure. | (c) the spreading of manure. |
| The Commission shall report the results of that review to the European Parliament and to the Council accompanied by a legislative proposal where appropriate. | The Commission shall report the results of that review to the European Parliament and to the Council accompanied by a legislative proposal where appropriate. |
| 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: | 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. | (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; and |
| (c) keep the economic impacts on the holdings concerned as limited as possible. | |
| 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. | 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. |
| 4. With regard to Chapter VIa, the Commission shall review: | |
| (a) the economic impacts on holdings, differentiated by size, type of production and regional conditions, with particular regard to family-run holdings and small and medium-sized enterprises; | |
| (b) administrative burdens, in particular reporting obligations as well as measurement and documentation requirements, and their costs, with the objective of reducing bureaucracy; | |
| (c) the appropriateness of thresholds and scope of application, in particular with regard to structurally disadvantaged regions and extensive or site-adapted farming systems; | |
| (d) the practical feasibility and technical availability of emission reduction measures as well as their cost-effectiveness; | |
| (e) potential distortions of competition within the internal market and in international trade, including the risk of production relocation; | |
| (f) coherence with other Union policies and legal acts, in particular the Common Agricultural Policy, in order to avoid double burdens; | |
| (g) impacts on security of supply, price development and the long-term viability of agricultural production in the Union. | |
| The Commission shall submit a report on the outcome of this review to the European Parliament and the Council within five years of the entry into force of this Directive. That report shall, where appropriate, be accompanied by a legislative proposal. | |
| 5. A Member State may apply to the Commission for a derogation from specific provisions of Chapter VIa, provided that it demonstrates that: | |
| (a) an at least equivalent or higher level of environmental protection is achieved through national measures; | |
| (b) the functioning of the internal market is not adversely affected; and | |
| (c) no unjustified distortions of competition arise. | |
| The application shall be duly reasoned and accompanied by an impact assessment. The Commission shall decide on the application by means of an implementing act in accordance with the examination procedure referred to in Article [X]. That implementing act may lay down conditions, time limits or reporting obligations. | |
| The authorisation shall be granted for a maximum period of five years and may be extended, upon request by the Member State concerned, provided that the conditions continue to be fulfilled. | |
| 4. The Commission shall review: | 6. The Commission shall review: |
| (a) the need to control emissions from onshore and offshore explo ration and production of mineral oil and gas; | (a) the need to control emissions from onshore and offshore explo ration and production of mineral oil and gas; |
| (b) the need to control emissions from the on-site treatment and extraction of non-energy industrial minerals used in industry other than for construction, as well as the need to control emissions from the on-site treatment and extraction of ores which are newly carried out in the Union; | (b) the need to control emissions from the on-site treatment and extraction of non-energy industrial minerals used in industry other than for construction, as well as the need to control emissions from the on-site treatment and extraction of ores which are newly carried out in the Union; |
| (c) the need to revise the activity threshold in Annex I for the production of hydrogen by electrolysis of water. | (c) the need to revise the activity threshold in Annex I for the production of hydrogen by electrolysis of water. |
| The Commission shall include the results of that review in the first of the reports to the European Parliament and to the Council required under the first paragraph. | The Commission shall include the results of that review in the first of the reports to the European Parliament and to the Council required under the first paragraph.’ |
| Text proposed by the Commission | Amendment |
|---|---|
| (3i) in Article 73, paragraph 3 is deleted. |
Livestock farming is fundamentally different from industrial activities. Cattle production is land-based, highly dependent on biological processes and local conditions, and cannot be effectively regulated through an installation-based framework such as the IED. Including livestock farms within the Directive would create disproportionate administrative burdens and legal uncertainty without delivering clear environmental benefits.
| Present text | Amendment |
|---|---|
| (3a) In Article 73(3), point (a) is replaced by the following: | |
| (a) comprehensively address the emissions from the rearing of livestock within the Union, in particular from cattle; and | ‘(a) comprehensively address the emissions from the rearing of livestock within the Union, in particular from cattle, and evaluate options for ensuring greater coherence in the regulatory framework covering organic rearing activities as well as possible adjustments to the calculation of installation capacity under Annex Ia;' |
Sergio Berlato, Michele Picaro, Pietro Fiocchi, Stefano Cavedagna, Nicola Procaccini, Antonella Sberna, Paolo Inselvini
| Present text | Amendment |
|---|---|
| (3b) In Article 73(3), the second subparagraph is replaced by the following: | |
| The Commission shall report the results of that assessment by 31 December 2026 to the European Parliament and the Council. The report shall, if appropriate, be accompanied by a legislative proposal. | ‘The Commission shall report the results of that assessment by 31 December [7 years after the entry into force of the implementing act referred to in Article70i(2)] to the European Parliament and the Council.’ |
| Text proposed by the Commission | Amendment |
|---|---|
| (3a) In Article 73(3), point (a) is deleted; |
| Text proposed by the Commission | Amendment |
|---|---|
| (4) Article 76 is amended as follows: | deleted |
| (i) in paragraph 2, the first sentence is replaced by the following: | |
| ‘The power to adopt delegated acts referred to in Article 48(5), and Article 74 shall be conferred on the Commission for a period of 5 years from 1 August 2024.;’ | |
| ‘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.;’ | |
| ‘A delegated act adopted pursuant to 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.;’ |
| Text proposed by the Commission | Amendment |
|---|---|
| (4) Article 76 is amended as follows: | deleted |
| (i) in paragraph 2, the first sentence is replaced by the following: | |
| ‘The power to adopt delegated acts referred to in Article 48(5), and Article 74 shall be conferred on the Commission for a period of 5 years from 1 August 2024.;’ | |
| ‘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.;’ | |
| ‘A delegated act adopted pursuant to 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.;’ |
| Text proposed by the Commission | Amendment |
|---|---|
| (4a) In Article 79, the following paragraph is inserted: | |
| ‘3a. Member States shall ensure that, in relation to the activities cited in Annex Ia, the penalties laid down in this Article take due account of the following criteria: | |
| (a) the nature of the livestock-rearing activity; | |
| (b) the nature of the infringement; | |
| (c) the economic scale of the livestock farm; | |
| (d) the degree of negligence or intentionality; and | |
| (e) the economic capacity of the operator. | |
| The provisions of the second subparagraph of paragraph 2, relating to the maximum levels of penalty linked to turnover, shall not apply automatically to activities listed in Annex Ia where this could give rise to clearly disproportionate outcomes.’ |
| Text proposed by the Commission | Amendment |
|---|---|
| (4a) In Article 79, the following paragraph is added: | |
| ‘4a. The activities referred to in Annex Ia fall exclusively under paragraph 1.’ |
Anne-Sophie Frigout, Valérie Deloge, Gilles Pennelle, Mathilde Androuët, Ondřej Knotek, Jana Nagyová
| Text proposed by the Commission | Amendment |
|---|---|
| (4a) In Article 79, the following paragraph is added: | |
| ‘4a. Paragraphs 2 and 3 of this Article shall not apply to the activities listed in Annex Ia.’; |
| Text proposed by the Commission | Amendment |
|---|---|
| (4b) In Article 79a, the following paragraph is added: | |
| ‘3a. The provisions of this Article shall not apply to the activities referred to in Annex Ia.’ |
Anne-Sophie Frigout, Valérie Deloge, Gilles Pennelle, Mathilde Androuët, Ondřej Knotek, Jana Nagyová
| Text proposed by the Commission | Amendment |
|---|---|
| (4b) In Article 79a, the following paragraph is added: | |
| ‘3a. The provisions of this article shall not apply to the activities listed in Annex Ia.’; |
| Text proposed by the Commission | Amendment |
|---|---|
| 14. In relation to installations carrying out activities referred to in Annex Ia, Member States shall apply the laws, regulations and administrative provisions adopted in accordance with this Directive within: | deleted |
| (a) 4 years of the entry into force of the implementing act referred to in Article 70i(2), if the installation has a capacity of 600 LSU or more; | |
| (b) 5 years of the entry into force of the implementing act referred to in Article 70i(2), if the installation has a capacity of 400 LSU or more; | |
| (c) 6 years of the entry into force of the implementing act referred to in Article 70i(2), for all other installations covered by Annex Ia. | |
| Until the relevant date of application, as referred to in the first subparagraph, the installations mentioned in that subparagraph which fall within the scope of this Directive in the version in force on 3 August 2024, shall comply with that version. |
Livestock farms should not be treated in the same way as industrial installations and should be removed from this Directive.
| Text proposed by the Commission | Amendment |
|---|---|
| 14. In relation to installations carrying out activities referred to in Annex Ia, Member States shall apply the laws, regulations and administrative provisions adopted in accordance with this Directive within: | deleted |
| (a) 4 years of the entry into force of the implementing act referred to in Article 70i(2), if the installation has a capacity of 600 LSU or more; | |
| (b) 5 years of the entry into force of the implementing act referred to in Article 70i(2), if the installation has a capacity of 400 LSU or more; | |
| (c) 6 years of the entry into force of the implementing act referred to in Article 70i(2), for all other installations covered by Annex Ia. | |
| Until the relevant date of application, as referred to in the first subparagraph, the installations mentioned in that subparagraph which fall within the scope of this Directive in the version in force on 3 August 2024, shall comply with that version. |
| Text proposed by the Commission | Amendment |
|---|---|
| 14. In relation to installations carrying out activities referred to in Annex Ia, Member States shall apply the laws, regulations and administrative provisions adopted in accordance with this Directive within: | deleted |
| (a) 4 years of the entry into force of the implementing act referred to in Article 70i(2), if the installation has a capacity of 600 LSU or more; | |
| (b) 5 years of the entry into force of the implementing act referred to in Article 70i(2), if the installation has a capacity of 400 LSU or more; | |
| (c) 6 years of the entry into force of the implementing act referred to in Article 70i(2), for all other installations covered by Annex Ia. | |
| Until the relevant date of application, as referred to in the first subparagraph, the installations mentioned in that subparagraph which fall within the scope of this Directive in the version in force on 3 August 2024, shall comply with that version. |
| Text proposed by the Commission | Amendment |
|---|---|
| In relation to installations carrying out activities referred to in Annex Ia, Member States shall apply the laws, regulations and administrative provisions adopted in accordance with this Directive within: | In relation to installations carrying out activities referred to in Annex Ia, Member States shall apply the laws, regulations and administrative provisions adopted in accordance with this Directive within four years from the entry into force of the implementing act referred to in Article 70 decies, paragraph 2. |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) 4 years of the entry into force of the implementing act referred to in Article 70i(2), if the installation has a capacity of 600 LSU or more; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) 5 years of the entry into force of the implementing act referred to in Article 70i(2), if the installation has a capacity of 400 LSU or more; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) 6 years of the entry into force of the implementing act referred to in Article 70i(2), for all other installations covered by Annex Ia. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| ‘By way of derogation from the first subparagraph of this paragraph, an installation which first falls within the scope of this Directive after the entry into force of the implementing act referred to in Article 70i(2), shall not be obliged to apply the rules of this Directive where it, on the day of it falling into scope, is in the process of a transition towards resilient production systems, including conversion to organic farming and extensification of livestock production systems pursuant Article 10(1), point (b), of [CAP Regulation ], where the transition plan approved by the Member State details and solemnly declares that upon completion of the implementation of the transition action plan the installation ceases to fall within the scope of this Directive.’ |
In the industrial part of the IED there is a specific derogation from the obligation of updating the permit in case of a planned closure of the installation with a view to implement deep industrial transformation. while the provision presented herewith is of a different nature, it could be seen as analogous in that it prevents the sunk cost of an operator of a livestock installation which would first fall within the scope of the Directive in hte future, but is in the meantime started a transformation in accordance with the transition scheme as proposed in the CAP Regulation 2025/0241 (COD).
| Text proposed by the Commission | Amendment |
|---|---|
| 14. In relation to installations carrying out activities referred to in Annex Ia, Member States shall apply the laws, regulations and administrative provisions adopted in accordance with this Directive within: | ‘14. In relation to installations carrying out activities referred to in Annex Ia, Member States shall apply the laws, regulations and administrative provisions adopted in accordance with this Directive by: |
| (a) 4 years of the entry into force of the implementing act referred to in Article 70i(2), if the installation has a capacity of 600 LSU or more; | (a) 2032, if the plant has a capacity of 600 LSU or more; |
| (b) 5 years of the entry into force of the implementing act referred to in Article 70i(2), if the installation has a capacity of 400 LSU or more; | (b) 2036, if the plant has a capacity of 400 LSU or more; |
| (c) 6 years of the entry into force of the implementing act referred to in Article 70i(2), for all other installations covered by Annex Ia. | (c) 2040 for all other installations covered by Annex Ia. |
| Until the relevant date of application, as referred to in the first subparagraph, the installations mentioned in that subparagraph which fall within the scope of this Directive in the version in force on 3 August 2024, shall comply with that version. | Until the relevant date of application as referred to in the first subparagraph, the installations mentioned in that subparagraph which fall within the scope of this Directive in the version in force on 3 August 2024, shall comply with that version.’ |
It is necessary to provide for adequate transitional periods to allow the intensive livestock rearing sector to adapt to the standards of the Directive.
Sergio Berlato, Michele Picaro, Pietro Fiocchi, Stefano Cavedagna, Nicola Procaccini, Antonella Sberna, Paolo Inselvini
| Present text | Amendment |
|---|---|
| In Article 82, paragraph 14 is amended as follows | |
| 14. In relation to installations carrying out activities referred to in Annex Ia, Member States shall apply the laws, regulations and administrative provisions adopted in accordance with this Directive within: | ‘14. In relation to installations carrying out activities referred to in Annex Ia, Member States shall apply the laws, regulations and administrative provisions adopted in accordance with this Directive within 6 years of the entry into force of the implementing act referred to in Article 70i(2). |
| (a) 4 years of the entry into force of the implementing act referred to in Article 70i(2), if the installation has a capacity of 600 LSU or more; | |
| (b) 5 years of the entry into force of the implementing act referred to in Article 70i(2), if the installation has a capacity of 400 LSU or more; | |
| (c) 6 years of the entry into force of the implementing act referred to in Article 70i(2), for all other installations covered by Annex Ia. | |
| Until the relevant date of application, as referred to in the first subparagraph, the installations mentioned in that subparagraph which fall within the scope of Directive 2010/75/EU in the version in force on the day before this Directive enters into force, shall comply with Directive 2010/75/EU in that version. | Until the relevant date of application as referred to in the first subparagraph the installations mentioned in that subparagraph, which fall within the scope of Directive 2010/75/EU, in the version in force on the day before this Directive enters into force, shall comply with Directive 2010/75/EU in that version.’ |
| Present text | Amendment |
|---|---|
| In Article 82, paragraph 14 is replaced by the following: | |
| 14. In relation to installations carrying out activities referred to in Annex Ia, Member States shall apply the laws, regulations and administrative provisions adopted in accordance with this Directive within | 14. In relation to installations carrying out activities referred to in Annex Ia, Member States shall apply the laws, regulations and administrative provisions adopted in accordance with this Directive within six years from the entry into force of the implementing act referred to in Article 70 decies(2). |
| (a) 4 years of the entry into force of the implementing act referred to in Article 70i(2), if the installation has a capacity of 600 LSU or more; | |
| (b) 5 years of the entry into force of the implementing act referred to in Article 70i(2), if the installation has a capacity of 400 LSU or more; | |
| (c) 6 years of the entry into force of the implementing act referred to in Article 70i(2) for all other installations covered by Annex Ia. | |
| Until the relevant date of application, as referred to in the first subparagraph, the installations mentioned in that subparagraph which fall within the scope of this Directive in the version in force on 3 August 2024, shall comply with that version. | Until the relevant date of application, as referred to in the first subparagraph, the installations mentioned in that subparagraph which fall within the scope of Directive 2010/75/EU in the version in force on the day before … [entry into force of this amending Directive], shall comply with Directive 2010/75/EU in that version. |
| Text proposed by the Commission | Amendment |
|---|---|
| 15. Derogations granted by the competent authority in accordance with Article 15(5) before 1 July 2026 shall remain valid until the competent authority reassesses whether the derogation is justified under Article 15(5). The reassessment shall be carried out 4 years from 1 July 2026 or as part of the reconsideration of the permit conditions pursuant to Article 21, whichever is the earlier. | 15. Derogations granted by the competent authority in accordance with Article 15(5) before 1 July 2026 shall remain valid until the competent authority reassesses whether the derogation is justified under Article 15(5). The reassessment shall be carried out 6 years from 1 July 2026 or as part of the reconsideration of the permit conditions pursuant to Article 21, whichever is the earlier. |
| Text proposed by the Commission | Amendment |
|---|---|
| ‘16a. For installations, or clearly separable parts of installations, whose purpose is linked to defence or national security, Member States may adjust the timetable or modalities for the application of the requirements referred to in paragraphs 10 to 14, where their application would demonstrably and directly affect essential security interests, operational defence readiness, or the protection of classified information. Any such adjustment shall be limited to what is strictly necessary and proportionate, shall not constitute a general exemption from the obligations of this Directive, Member States shall document the reasons for such adjustment, without requiring the disclosure of classified information.’ |
Certain defence-related installations may face specific operational or security constraints, including the protection of classified information. A narrowly framed derogation, solely for defence and national security, within the transitional provisions ensures legal certainty without creating a general exemption from the Directive or lowering the level of protection of human health and the environment.
| Text proposed by the Commission | Amendment |
|---|---|
| Article 4a | |
| Anti-gold-plating clause | |
| Member States shall not require economic operators to submit information, reports, notifications or registrations that duplicate obligations established under Union law in the areas covered by this Directive. | |
| Where a Member State considers additional requirements necessary to address a specific national circumstance, it shall demonstrate that such requirements are proportionate, non-discriminatory and cannot be satisfied through information already available under Union law. |
| Text proposed by the Commission | Amendment |
|---|---|
| Article 4b | |
| Report-Once"-Principle | |
| Member States shall ensure that economic operators are not required to provide the same information more than once to public authorities under the legal acts covered by this Directive. | |
| Competent authorities shall make use of information already submitted under Union or national legislation where such information is available through electronic means and may be reused for regulatory purposes. |
| Text proposed by the Commission | Amendment |
|---|---|
| Article 4c | |
| Review of remaining reporting obligations | |
| By … [three years from the entry into force of this amending Directive], the Commission shall assess whether reporting, monitoring, registration and notification obligations under the legal acts covered by this Directive can be further simplified without reducing environmental protection. | |
| The assessment shall quantify the administrative costs borne by undertakings, with particular attention to small and medium-sized enterprises, and shall, where appropriate, be accompanied by legislative proposals. |
| Present text | Amendment |
|---|---|
| Article 4a | |
| Amendment to Directive (EU) 2024/3019 | |
| (1a) In Article 9(1), the first subparagraph is replaced by the following: | |
| 1. Member States shall take measures to ensure that by 31 December 2028, producers who place any of the products listed in Annex III on the market have extended producer responsibility. | ‘1. Member States shall take measures to ensure that by 31 December 2030, producers who place any of the products listed in Annex III on the market have extended producer responsibility.’ |
In view of the imminent implementation of extended producer responsibility obligations and with the aim of ensuring adequate legal certainty for the sectors concerned and preserving the production of medicines in the EU, an initial delay of 2 years is proposed for the implementation of these obligations.
| Text proposed by the Commission | Amendment |
|---|---|
| Article 4a | |
| Amendment to Directive (EU) 2024/3019 | |
| (1b) in Article 9(1), the following subparagraph is added: | |
| ‘The European Commission shall produce as soon as possible a new impact assessment to ascertain the list of substances present in urban wastewater, verify the costs of quaternary treatment, review the attribution of responsibility to the relevant sectors under the polluter pays principle, and determine the impact on the availability, affordability and accessibility of medicines, in particular generic and critical medicines and their active substances. | |
| If the results demonstrate a risk to the affordability, availability and accessibility of those medicines and active substances, the Commission shall propose measures to address those risks, including legislative proposals and, in particular, the temporary suspension of extended producer responsibility obligations.’ |
The attribution by the Commission of most of the micro-pollutant load to pharmaceutical and cosmetic products has been questioned on methodological and scientific grounds. If a new impact assessment identifies significant risks to the production of medicines and active substances in the EU, the Commission should propose a temporary suspension of these obligations.
| Text proposed by the Commission | Amendment |
|---|---|
| Article 4a | |
| Amendment to Directive (EU) 2024/3019 | |
| (1c) In Article 9, paragraph 2, the following point is inserted: | |
| ‘(ba) in relation to investment costs, there are no approved plans and milestones, independent audits of costs and compensation or claw-back mechanisms in relation to the date of entry into operation of the infrastructure;’ |
In relation to extended producer responsibility obligations, safeguards should be provided for in case quaternary treatments are not in place or they are not functioning efficiently.
| Text proposed by the Commission | Amendment |
|---|---|
| Article 4a | |
| Amendment to Directive (EU) 2024/3019 | |
| (1d) In Article 9, paragraph 2, the following point is inserted: | |
| ‘(bb) in relation to operational costs, the infrastructure is not operational or it is not operating efficiently.’ |
In relation to extended producer responsibility obligations, safeguards should be provided for in case quaternary treatments are not in place or they are not functioning efficiently.
Andrea Wechsler, Christian Ehler, Jens Gieseke, Angelika Niebler, Oliver Schenk, Norbert Lins, Zala Černilec Tomašič, Peter Liese, Wouter Beke
| Text proposed by the Commission | Amendment |
|---|---|
| Article 4a | |
| Amendments to Council Directive 92/43/EEC | |
| In Article 2 of Council Directive 92/43/EEC, the following paragraph is added: | |
| ‘3a. By way of derogation from paragraphs 1 and 2, and until 31 December 2035 and in order to achieve the climate neutrality objective and intermediate climate targets referred to in Articles 2 and 4 of Regulation (EU) 2021/1119, the following overarching objectives shall take precedence over the conservation objectives set out in those paragraphs: | |
| (a) the industrial transformation and decarbonisation of the Union economy; | |
| (b) the energy transition of the Union; | |
| (c) the digital transition of the Union. | |
| The conservation of natural habitats and of wild fauna and flora as provided for in this Directive shall not constitute an obstacle to the pursuit or achievement of the objectives referred to in the first subparagraph. | |
| By 31 December 2034, the Commission shall submit a report to the European Parliament and to the Council on the application of this paragraph, accompanied, where appropriate, by a legislative proposal.’ |
The amendment supports the Directive’s objective of targeted simplification and more proportionate environmental permitting by introducing a clear legal basis for Member States to apply limited derogations from certain requirements where this is necessary and proportionate for the achievement of climate neutrality, security of energy supply and digital sovereignty. It reflects the strategic importance of accelerating Europe’s industrial transformation as well as the energy and digital transition, while preserving the overall objectives and safeguards of the Directive. In light of the transitional nature of this prioritisation, the amendment provides for a time limit for such projects.
Andrea Wechsler, Christian Ehler, Jens Gieseke, Angelika Niebler, Oliver Schenk, Norbert Lins, Zala Černilec Tomašič, Peter Liese, Wouter Beke
| Present text | Amendment |
|---|---|
| Article 4b | |
| Amendments to Council Directive 92/43/EEC | |
| In Article 6 of Council Directive 92/43/EEC, paragraph 4 is replaced by the following: | |
| 4. If, in spite of a negative assessment of the implications for the site and in the absence of alternative solutions, a plan or project must nevertheless be carried out for imperative reasons of overriding public interest, including those of a social or economic nature, the Member State shall take all compensatory measures necessary to ensure that the overall coherence of Natura 2000 is protected. It shall inform the Commission of the compensatory measures adopted. Where the site concerned hosts a priority natural habitat type and/or a priority species, the only considerations which may be raised are those relating to human health or public safety, to beneficial consequences of primary importance for the environment or, further to an opinion from the Commission, to other imperative reasons of overriding public interest. | ‘4. If, in spite of a negative assessment of the implications for the site and in the absence of alternative solutions, a plan or project must nevertheless be carried out for imperative reasons of overriding public interest, including those of a social or economic nature, the Member State shall take proportional compensatory measures to ensure that the overall coherence of Natura 2000 is protected. The compensatory measures may be implemented through geographically separate sites or areas. Compensatory measures shall be implemented as soon as practicable and shall be operational no later than five years after the commencement of the plan or project to which they relate. It shall inform the Commission of the compensatory measures adopted. Where the site concerned hosts a priority natural habitat type and/or a priority species, the only considerations which may be raised are those relating to human health or public safety, to beneficial consequences of primary importance for the environment or, further to an opinion from the Commission, to other imperative reasons of overriding public interest. By way of derogation from the second subparagraph, and until 31 December 2035, the objectives referred to in Article 2(4) shall constitute imperative reasons of overriding public interest within the meaning of the first subparagraph of this paragraph, including where the plan or project concerned affects a site hosting a priority natural habitat type and/or a priority species. No opinion from the Commission shall be required in such cases.’ |
The rebalancing is necessary to support the Directive’s objective of targeted simplification and more proportionate application of Union environmental legislation. Projects which are essential for Europe’s industrial transformation, energy security and digital transition must be capable of being delivered in practice and without disproportionate delays. Recognising such authorised projects as being in the overriding public interest provides greater legal certainty, accelerates permitting and helps ensure that environmental procedures remain efficient, effective and aligned with the Union’s strategic objectives, including climate neutrality and competitiveness.
Andrea Wechsler, Christian Ehler, Jens Gieseke, Angelika Niebler, Oliver Schenk, Norbert Lins, Zala Černilec Tomašič, Peter Liese, Wouter Beke
| Present text | Amendment |
|---|---|
| Article 4c | |
| Amendments to Council Directive 92/43/EEC | |
| Article 16 of Council Directive 92/43/EEC is replaced by the following: | |
| 1. Provided that there is no satisfactory alternative and the dero gation is not detrimental to the maintenance of the populations of the species concerned at a favourable conservation status in their natural range, Member States may derogate from the provisions of Articles 12, 13, 14 and 15 (a) and (b): (a) in the interest of protecting wild fauna and flora and conserving natural habitats; (b) to prevent serious damage, in particular to crops, livestock, forests, fisheries and water and other types of property; (c) in the interests of public health and public safety, or for other imperative reasons of overriding public interest, including those of a social or economic nature and beneficial consequences of primary importance for the environment; (d) for the purpose of research and education, of repopulating and re- introducing these species and for the breedings operations necessary for these purposes, including the artificial propagation of plants; (e) to allow, under strictly supervised conditions, on a selective basis and to a limited extent, the taking or keeping of certain specimens of the species listed in Annex IV in limited numbers specified by the competent national authorities. | ‘1. Provided that there is no satisfactory alternative and the dero gation is not detrimental to the maintenance of the populations of the species concerned at a favourable conservation status in their natural range, Member States may derogate from the provisions of Articles 12, 13, 14 and 15 (a) and (b): (a) in the interest of protecting wild fauna and flora and conserving natural habitats; (b) to prevent serious damage, in particular to crops, livestock, forests, fisheries and water and other types of property; (c) in the interests of public health and public safety, or for other imperative reasons of overriding public interest, including those of a social or economic nature, those set out in Article 2(4), and beneficial consequences of primary importance for the environment; (d) for the purpose of research and education, of repopulating and re- introducing these species and for the breedings operations necessary for these purposes, including the artificial propagation of plants; (e) to allow, under strictly supervised conditions, on a selective basis and to a limited extent, the taking or keeping of certain specimens of the species listed in Annex IV in limited numbers specified by the competent national authorities. |
| 1a. Incidental capture, killing or disturbance of specimens of species listed in Annex IV(a), resulting from the planning, construction, repowering, operation or maintenance of energy infrastructure projects authorised in accordance with Union and national law, shall not be considered deliberate within the meaning of Article 12(1), provided that appropriate mitigation measures are applied and that the project does not jeopardise the maintenance of the populations of the species concerned at a favourable conservation status in their natural range. | |
| 2. Member States shall forward to the Commission every two years a report in accordance with the format established by the Committee on the derogations applied under paragraph 1. The Commission shall give its opinion on these derogations within a maximum time limit of 12 months following receipt of the report and shall give an account to the Committee. | 2. Member States shall forward to the Commission every two years a report in accordance with the format established by the Committee on the derogations applied under paragraph 1. The Commission shall give its opinion on these derogations within a maximum time limit of 12 months following receipt of the report and shall give an account to the Committee. |
| 3. The reports shall specify: (a) the species which are subject to the derogations and the reason for the derogation, including the nature of the risk, with, if appropriate, a reference to alternatives rejected and scientific data used; (b) the means, devices or methods authorized for the capture or killing of animal species and the reasons for their use; (c) the circumstances of when and where such derogations are granted; (d) the authority empowered to declare and check that the required conditions obtain and to decide what means, devices or methods may be used, within what limits and by what agencies, and which persons are to carry out the task; (e) the supervisory measures used and the results obtained. | 3. The reports shall specify: (a) the species which are subject to the derogations and the reason for the derogation, including the nature of the risk, with, if appropriate, a reference to alternatives rejected and scientific data used; (b) the means, devices or methods authorized for the capture or killing of animal species and the reasons for their use; (c) the circumstances of when and where such derogations are granted; (d) the authority empowered to declare and check that the required conditions obtain and to decide what means, devices or methods may be used, within what limits and by what agencies, and which persons are to carry out the task; (e) the supervisory measures used and the results obtained.’ |
The amendment supports the Directive’s objective of targeted simplification and more proportionate environmental permitting. It clarifies that incidental capture, killing or disturbance linked to authorised climate-neutrality projects should not be considered deliberate where appropriate mitigation measures are applied and the conservation status of the species concerned is maintained. This strengthens legal certainty while preserving species protection and enabling the timely deployment of strategic projects necessary for the Union’s industrial transformation, energy security, digital transition and climate-neutrality objective.
| Text proposed by the Commission | Amendment |
|---|---|
| Article 4a | |
| Amendments to Directive (EU) 2019/904 | |
| (1a) in Article 6, paragraph1 is deleted. |
Regulation (EU) 2025/40 already contains provisions in relation to packaging design, and recyclability, including the separability of certain elements such as caps and lids. The overly rigid provisions of Directive (EU) 2019/904 concerning straws, lids and caps should be removed due to the increased complexity of production, lack of proportionality and the rejection by a large number of citizens, who consider that there are other priority areas for environmental policies.
| Text proposed by the Commission | Amendment |
|---|---|
| Article 4a | |
| Amendments to Directive (EU) 2019/904 | |
| (1b) in Article 6, paragraph 3 is deleted. |
Regulation (EU) 2025/40 already contains provisions in relation to packaging design, and recyclability, including the separability of certain elements such as caps and lids. The overly rigid provisions of Directive (EU) 2019/904 concerning straws, lids and caps should be removed due to the increased complexity of production, lack of proportionality and the rejection by a large number of citizens, who consider that there are other priority areas for environmental policies.
| Text proposed by the Commission | Amendment |
|---|---|
| Article 4a | |
| Amendments to Directive (EU) 2019/904 | |
| (1c) in Article 6, paragraph 4 is deleted. |
Regulation (EU) 2025/40 already contains provisions in relation to packaging design, and recyclability, including the separability of certain elements such as caps and lids. The overly rigid provisions of Directive (EU) 2019/904 concerning straws, lids and caps should be removed due to the increased complexity of production, lack of proportionality and the rejection by a large number of citizens, who consider that there are other priority areas for environmental policies.
| Present text | Amendment |
|---|---|
| Article 4a | |
| Amendments to Directive (EU) 2019/904 | |
| (a) an assessment of the need to review the Annex listing single-use plastic products, including as regards caps and lids made of plastic which are used for glass and metal beverage containers; | (1d) in Article 15(3), point (a) is replaced by the following: ‘(a) an assessment of the need to review the Annex listing single-use plastic products;’ |
Regulation (EU) 2025/40 already contains provisions in relation to packaging design, and recyclability, including the separability of certain elements such as caps and lids. The overly rigid provisions of Directive (EU) 2019/904 concerning straws, lids and caps should be removed due to the increased complexity of production, lack of proportionality and the rejection by a large number of citizens, who consider that there are other priority areas for environmental policies.
| Text proposed by the Commission | Amendment |
|---|---|
| Article 4a | |
| Amendments to Directive (EU) 2019/904 | |
| ‘(1e) in the Annex, Part B, point 4 is deleted.’ |
Regulation (EU) 2025/40 already contains provisions in relation to packaging design, and recyclability, including the separability of certain elements such as caps and lids. The overly rigid provisions of Directive (EU) 2019/904 concerning straws, lids and caps should be removed due to the increased complexity of production, lack of proportionality and the rejection by a large number of citizens, who consider that there are other priority areas for environmental policies.
| Text proposed by the Commission | Amendment |
|---|---|
| Article 4a | |
| Amendments to Directive (EU) 2019/904 | |
| (1f) in the Annex, Part C is deleted. |
Regulation (EU) 2025/40 already contains provisions in relation to packaging design, and recyclability, including the separability of certain elements such as caps and lids. The overly rigid provisions of Directive (EU) 2019/904 concerning straws, lids and caps should be removed due to the increased complexity of production, lack of proportionality and the rejection by a large number of citizens, who consider that there are other priority areas for environmental policies.
Andrea Wechsler, Christian Ehler, Jens Gieseke, Angelika Niebler, Oliver Schenk, Norbert Lins, Zala Černilec Tomašič, Peter Liese, Wouter Beke
| Text proposed by the Commission | Amendment |
|---|---|
| Article 4d | |
| Directive 2009/147/EC is amended as follows: | |
| In Article 5, the following paragraph is added: | |
| ‘1a. By way of derogation from paragraph 1, and until 31 December 2035, the prohibitions set out in that paragraph shall not apply to activities, plans or projects that contribute to the objectives referred to in Article 2(4) of Council Directive 92/43/EEC. Member States shall keep records of determinations made pursuant to this paragraph and shall communicate a summary thereof to the Commission annually. By 31 December 2034, the Commission shall submit a report to the European Parliament and to the Council on the application of this paragraph, accompanied, where appropriate, by a legislative proposal.’ |
The amendment supports the Directive’s objective of targeted simplification and more proportionate environmental permitting by introducing a clear legal basis for Member States to apply limited derogations from certain requirements where this is necessary and proportionate for the achievement of climate neutrality, security of energy supply and digital sovereignty. It reflects the strategic importance of accelerating Europe’s industrial transformation as well as the energy and digital transition, while preserving the overall objectives, safeguards and existing framework of this Directive. Given the transitional nature of this prioritisation, the amendment provides for a time limit for such projects.
Andrea Wechsler, Christian Ehler, Jens Gieseke, Angelika Niebler, Oliver Schenk, Norbert Lins, Zala Černilec Tomašič, Peter Liese, Wouter Beke
| Text proposed by the Commission | Amendment |
|---|---|
| Article 4e | |
| Directive 2009/147/EC is amended as follows: | |
| In Article 9(1), the following point is inserted: | |
| ‘(ca) until 31 December 2035, in order to achieve climate neutrality, to support activities, plans or projects that contribute to the objectives referred to in Article 2(4) of Council Directive 92/43/EEC.’ |
Extending the possibility for Member States to apply limited and proportionate derogations from certain requirements of this Directive to climate-neutrality projects necessary for Europe’s industrial transformation, energy security and digital transition.
| Text proposed by the Commission | Amendment |
|---|---|
| Article 4b | |
| In Article 4 of Directive 2000/60/EC, the following paragraph is added: | |
| ‘4a. By way of derogation from paragraph 4, point (c), the deadlines set out in paragraph 1 may be extended a third time through a further update of the river basin management plans in those Member States seriously affected by climate change and with very arid conditions. To measure the impact of climate change and aridity, an aridity index shall be used, which shall be calculated as the ratio of average annual evapotranspiration to average annual precipitation over a reference period of 30 years. Member States showing an aridity index higher than 1 shall be considered to have very arid conditions. That third extension shall only be possible if all the other conditions set out in paragraph 4 are also met.’ |
La Directiva Marco de Aguas fue aprobada en un momento en el que los efectos del cambio climático no estaban completamente integrados en las políticas de la UE. El cumplimiento de los objetivos ambientales fijados en los primeros planes hidrológicos de cuenca es muy complicado en las regiones de la ribera del Mar Mediterráneo, el mar que más rápidamente se está calentando en el mundo, que sufren de forma directa las consecuencias del cambio climático y una aridez extrema que impide la recuperación de las masas de agua con peor calidad, especialmente las aguas subterráneas. Se propone una tercera prórroga para el cumplimiento de los objetivos ambientales de la Directiva, hasta 2033, para evitar impactos económicos y sociales en los países de la UE más afectados por el cambio climático. Mas información sobre el índice de aridez: Aridity Actual | Indicators | Discover the key services, thematic features and tools of Climate-ADAPT Climate-ADAPT
Andrea Wechsler, Christian Ehler, Jens Gieseke, Angelika Niebler, Oliver Schenk, Norbert Lins, Zala Černilec Tomašič, Peter Liese, Wouter Beke
| Text proposed by the Commission | Amendment |
|---|---|
| Article 4f | |
| Amendments to Directive 2000/60/EC | |
| In Article 4 of Directive 2000/60/EC, the following paragraph is inserted: | |
| ‘8a. By way of derogation from paragraph 7, and until 31 December 2035, Member States shall not be in breach of this Directive where failure to achieve or maintain the objectives set out in paragraph 1 results from activities, plans or projects that contribute to the objectives referred to in Article 2(4) of Council Directive 92/43/EEC, provided that the reasons for the modification or deterioration are specifically set out and explained in the relevant river basin management plan or, where the relevant river basin management plan has not yet been updated, in a standalone notification submitted to the Commission within twelve months of the authorisation of the activity, plan or project concerned. The condition set out in paragraph 7(c) requiring demonstration of overriding public interest and the condition set out in paragraph 7(d) requiring demonstration that the beneficial objectives cannot be achieved by other means shall not apply to activities, plans or projects falling within the scope of this paragraph. For the purposes of applying the deterioration standard under paragraph 1(a)(i), a deterioration of the status of a surface water body shall be deemed to occur only where the overall ecological status classification of the water body declines by one class or more. By 31 December 2034, the Commission shall submit a report to the European Parliament and to the Council on the application of this paragraph, accompanied, where appropriate, by a legislative proposal’ |
The amendment introduces a clear legal basis for Member States to apply limited and proportionate derogations from certain requirements of this Directive where necessary to achieve climate neutrality, security of energy supply and digital sovereignty. It supports the acceleration of Europe’s industrial transformation as well as the energy and digital transition, while preserving the Directive’s overall objectives, safeguards and existing framework. Given the transitional nature of this prioritisation, the amendment provides for a time limit for such projects.
Andrea Wechsler, Christian Ehler, Jens Gieseke, Angelika Niebler, Oliver Schenk, Norbert Lins, Zala Černilec Tomašič, Peter Liese, Wouter Beke
| Text proposed by the Commission | Amendment |
|---|---|
| Article 4g | |
| In Article 13 of Directive (EU) 2024/2881, the following paragraph is inserted: | |
| ‘3a. By way of derogation from paragraph 1 and until 31 December 2035, Member States shall not be considered to have failed to fulfil their obligations under this Article where exceedances of the limit values set out in Annex I are attributable, in whole or in material part, to activities, plans or projects contributing to the objectives referred to in Article 2(4) of Council Directive 92/43/EEC. The Member State concerned shall notify the Commission of the exceedance and its causes. By 31 December 2034, the Commission shall submit a report to the European Parliament and to the Council on the application of this paragraph, accompanied, where appropriate, by a legislative proposal.’; |
The amendment supports targeted simplification and more proportionate permitting by introducing a clear legal basis for Member States to apply limited and proportionate derogations from certain requirements of this Directive where necessary to achieve climate neutrality, security of energy supply and digital sovereignty. It reflects the strategic importance of accelerating Europe’s industrial transformation as well as the energy and digital transition, while preserving the Directive’s overall objectives, safeguards and existing framework. Given the transitional nature of this prioritisation, the amendment provides for a time limit for such projects.
Andrea Wechsler, Christian Ehler, Jens Gieseke, Angelika Niebler, Oliver Schenk, Norbert Lins, Zala Černilec Tomašič, Peter Liese, Wouter Beke
| Text proposed by the Commission | Amendment |
|---|---|
| Article 4h | |
| Amendments to Directive 2011/92/EU | |
| In Article 4 of Directive 2011/92/EU, the following paragraph is inserted: | |
| ‘4a. Activities, plans and pProjects that contribute to the objectives referred to in Article 2(4) of Council Directive 92/43/EEC shall, for the purposes of screening under this Article, be presumed not to have significant effects on the environment within the meaning of paragraph 3.’ |
The amendment introduces a clear legal basis for Member States to apply limited and proportionate derogations from certain requirements of this Directive where necessary to achieve climate neutrality, security of energy supply and digital sovereignty. It supports the timely deployment of projects essential for Europe’s industrial transformation and the energy and digital transition, while preserving the Directive’s overall objectives and safeguards. Given the transitional nature of this prioritisation, the amendment provides for a time limit for such projects.
Andrea Wechsler, Christian Ehler, Jens Gieseke, Angelika Niebler, Oliver Schenk, Norbert Lins, Zala Černilec Tomašič, Peter Liese, Wouter Beke
| Present text | Amendment |
|---|---|
| Article 4i | |
| Amendments to Directive 2008/56/EC | |
| In Article 14 of Directive 2008/56/EC, paragraph 1 is replaced by the following: | |
| 1. A Member State may identify instances within its marine waters where, for any of the reasons listed under points (a) to (d), the envi ronmental targets or good environmental status cannot be achieved in every aspect through measures taken by that Member State, or, for reasons referred to under point (e), they cannot be achieved within the time schedule concerned: | ‘1. A Member State may identify instances within its marine waters where, for any of the reasons listed under points (a) to (d) and (f), the environmental targets or good environmental status cannot be achieved in every aspect through measures taken by that Member State, or, for reasons referred to under point (e), they cannot be achieved within the time schedule concerned: |
| (a) action or inaction for which the Member State concerned is not responsible; | (a) action or inaction for which the Member State concerned is not responsible; |
| (b) natural causes; | (b) natural causes; |
| (c) force majeure; | (c) force majeure; |
| (d) modifications or alterations to the physical characteristics of marine waters brought about by actions taken for reasons of overriding public interest which outweigh the negative impact on the environment, including any transboundary impact; | (d) modifications or alterations to the physical characteristics of marine waters brought about by actions taken for reasons of overriding public interest, including activities, actions or projects, in order to achieve climate neutrality, that contribute to the objectives referred to in Article 2(4) of Council Directive 92/43/EEC, which outweigh the negative impact on the environment, including any transboundary impact; |
| (e) natural conditions which do not allow timely improvement in the status of the marine waters concerned. | (e) natural conditions which do not allow timely improvement in the status of the marine waters concerned; |
| (f) activities, actions or projects, in order to achieve climate neutrality, that contribute to the objectives referred to in Article 2(4) of Council Directive 92/43/EEC. | |
| The Member State concerned shall identify such instances clearly in its programme of measures and shall substantiate its view to the Commission. In identifying instances a Member State shall consider the consequences for Member States in the marine region or subregion concerned. However, the Member State concerned shall take appropriate ad-hoc measures aiming to continue pursuing the environmental targets, to prevent further deterioration in the status of the marine waters affected for reasons identified under points (b), (c) or (d) and to mitigate the adverse impact at the level of the marine region or subregion concerned or in the marine waters of other Member States. | The Member State concerned shall identify such instances clearly in its programme of measures and shall substantiate its view to the Commission. In identifying instances a Member State shall consider the consequences for Member States in the marine region or subregion concerned. However, the Member State concerned shall take appropriate ad-hoc measures aiming to continue pursuing the environmental targets, to prevent further deterioration in the status of the marine waters affected for reasons identified under points (b), (c) or (d) and to mitigate the adverse impact at the level of the marine region or subregion concerned or in the marine waters of other Member States.’ |
The amendment introduces a clear legal basis for Member States to apply limited and proportionate derogations from certain requirements of this Directive where necessary to achieve climate neutrality, security of energy supply and digital sovereignty. It supports the timely deployment of projects essential for Europe’s industrial transformation and the energy and digital transition, while preserving the Directive’s overall objectives and safeguards. Given the transitional nature of this prioritisation, the amendment provides for a time limit for such projects.
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [ 24 months from date of entry into force of this Directive] at the latest. They shall forthwith communicate to the Commission the text of those provisions. | Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Article 1(2), point (a), of this Directive by … [six months from date of entry into force of this amending Directive] at the latest. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with the other provisions of this Directive by [ 24 months from date of entry into force of this Directive] at the latest. They shall forthwith communicate to the Commission the text of those provisions. |
The use of the new standards for suppliers to notify substances of very high concern in articles to ECHA should be transposed within six months from the date of entry into force of this Directive so as to accelerate the simplification.
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [ 24 months from date of entry into force of this Directive] at the latest. They shall forthwith communicate to the Commission the text of those provisions. | Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with the provisions of this Directive amending Directive 2010/75/EU by [36 months from date of entry into force of this Directive] at the latest. They shall forthwith communicate to the Commission the text of those provisions. |
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [ 24 months from date of entry into force of this Directive] at the latest. They shall forthwith communicate to the Commission the text of those provisions. | Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [ 36 months from date of entry into force of this Directive] at the latest. They shall forthwith communicate to the Commission the text of those provisions. |
Anne-Sophie Frigout, Valérie Deloge, Gilles Pennelle, Mathilde Androuët, Ondřej Knotek, Jana Nagyová
| Text proposed by the Commission | Amendment |
|---|---|
| 2a. In relation to installations carrying out activities referred to in Annex Ia to Directive 2010/75/EU, Member States shall apply the laws, regulations and administrative provisions adopted in accordance with this Directive within four years of the entry into force of the implementing act referred to in Article 70i(2). | |
| Until the relevant date of application, as referred to in the first subparagraph, the installations mentioned in that subparagraph which fall within the scope of Directive 2010/75/EU in the version in force on the day before this Directive enters into force shall comply with Directive 2010/75/EU. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2 In Annex Ia to Directive 2010/75/EU, | 2. Annex Ia to Directive 2010/75/EU is deleted |
| A )Point 2 is complemented with a third sentence as follows:’ | |
| ‘Rearing activities that are carried out under organic production regimes in accordance with Regulation (EU) 2018/848 are excluded.’ | |
| b) In the first sentence of point 3, the words ‘or laying hens or other poultry categories’ are inserted after ‘excluding rearing of pigs’. | |
| c) Within the section on the LSU level of an installation, ‘Piglets ≤ 20 kg … 0,027’ is replaced by ‘weaners ≤ 20 kg … 0,027’. |
Farmers should not be placed in the same category as heavy industrial polluters. Such provisions are disproportionate and lead to a loss of competitiveness of the agricultural sector
| Text proposed by the Commission | Amendment |
|---|---|
| 2. In Annex Ia to Directive 2010/75/EU, | 2. Annex Ia to Directive 2010/75/EU is replaced by the following: |
| (a) Point 2 is complemented with a third sentence as follows: | ‘Rearing of poultry or pigs: |
| ‘Rearing activities that are carried out under organic production regimes in accordance with Regulation (EU) 2018/848 are excluded.’ | (a) with more than 85 000 places for poultry; |
| (b) In the first sentence of point 3, the words ‘or laying hens or other poultry categories’ are inserted after ‘excluding rearing of pigs’. | (b) with more than 2 000 places for production pigs (over 30 kg); |
| (c) Within the section on the LSU level of an installation, ‘Piglets ≤ 20 kg … 0,027’ is replaced by ‘weaners ≤ 20 kg … 0,027’. | (c) with more than 750 places for sows.’ |
Anne-Sophie Frigout, Valérie Deloge, Gilles Pennelle, Mathilde Androuët, Ondřej Knotek, Jana Nagyová
| Text proposed by the Commission | Amendment |
|---|---|
| 2. In Annex Ia to Directive 2010/75/EU, | 2. Annex Ia to Directive 2010/75/EU is replaced by the following: |
| (a) Point 2 is complemented with a third sentence as follows: | |
| ‘Installations fall within the scope of this annex if they come under one of the following activity categories: | |
| Intensive rearing of poultry or pigs: | |
| ‘Rearing activities that are carried out under organic production regimes in accordance with Regulation (EU) 2018/848 are excluded.’ | (a) with more than 40 000 places for poultry; |
| (b) In the first sentence of point 3, the words ‘or laying hens or other poultry categories’ are inserted after ‘excluding rearing of pigs’. | (b) with more than 2 000 places for production pigs (over 30 kg); or |
| (c) Within the section on the LSU level of an installation, ‘Piglets ≤ 20 kg … 0,027’ is replaced by ‘weaners ≤ 20 kg … 0,027’. | (c) with more than 750 places for sows.’ |
With the new thresholds, too many pig and poultry holdings would have to make additional investments that would be disproportionate to the very limited emissions benefits. We therefore call for a return to the same thresholds and number of places in force under the 2010 directive and for cattle farms to be excluded.
| Text proposed by the Commission | Amendment |
|---|---|
| 2. In Annex Ia to Directive 2010/75/EU, | 2. Annex Ia to Directive 2010/75/EU is replaced by the following: |
| a) Point 2 is complemented with a third sentence as follows: | ‘Installations fall within the scope of this annex if they fall within one or more of the following activity categories: |
| ‘Rearing activities that are carried out under organic production regimes in accordance with Regulation (EU) 2018/848 are excluded.’ | 1. Rearing of pigs with more than 2,000 production pig places for pigs over 30 kg or with more than 750 sow places. |
| b) In the first sentence of point 3, the words ‘or laying hens or other poultry categories’ are inserted after ‘excluding rearing of pigs’ | 2.Rearing of poultry with more than 40,000 poultry places.’; |
| c) Within the section on the LSU level of an installation, ‘Piglets ≤ 20 kg … 0,027’ is replaced by ‘weaners ≤ 20 kg … 0,027’. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. In Annex Ia to Directive 2010/75/EU, | 2. Annex Ia to Directive 2010/75/EU is replaced by the following: |
| a) Point 2 is complemented with a third sentence as follows: | ‘Installations fall within the scope of this annex if they fall within one or more of the following activity categories: |
| ‘Rearing activities that are carried out under organic production regimes in accordance with Regulation (EU) 2018/848 are excluded.’ | 1.Rearing of pigs with more than 2,000 production pig places for pigs over 30 kg or with more than 750 sow places. |
| b) In the first sentence of point 3, the words ‘or laying hens or other poultry categories’ are inserted after ‘excluding rearing of pigs’ | 2.Rearing of poultry with more than 40,000 poultry places.’; |
| c) Within the section on the LSU level of an installation, ‘Piglets ≤ 20 kg … 0,027’ is replaced by ‘weaners ≤ 20 kg … 0,027’. |
Sergio Berlato, Michele Picaro, Pietro Fiocchi, Stefano Cavedagna, Nicola Procaccini, Antonella Sberna, Paolo Inselvini
| Text proposed by the Commission | Amendment |
|---|---|
| 2. In Annex Ia to Directive 2010/75/EU, | 2. Annex Ia to Directive 2010/75/EU is replaced by the following: |
| (a) Point 2 is complemented with a third sentence as follows: | ‘Activities referred to in Article 70a |
| ‘Rearing activities that are carried out under organic production regimes in accordance with Regulation (EU) 2018/848 are excluded.’; | Installations fall within the scope of this annex if they fall within one or more of the following activity categories: |
| (b) In the first sentence of point 3, the words ‘or laying hens or other poultry categories’ are inserted after ‘excluding rearing of pigs’; | 1. Rearing of pigs with more than 2 000 places for production pigs over 30 kg, or with more than 750 places for sows. |
| (c) Within the section on the LSU level of an installation, ‘Piglets ≤ 20 kg … 0,027’ is replaced by ‘weaners ≤ 20 kg … 0,027’. | 2. Rearing of poultry with more than 40 000 places for poultry.’ |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. In Annex Ia to Directive 2010/75/EU, | 2. Annex Ia is replaced by the following: |
| a) Point 2 is complemented with a third sentence as follows: | ‘Activities referred to in Article 70a |
| ‘Rearing activities that are carried out under organic production regimes in accordance with Regulation (EU) 2018/848 are excluded.’ | Installations carrying out organic production in accordance with Regulation (EU) 2018/848, as well as installations applying animal welfare measures exceeding applicable Union minimum requirements, shall be excluded from the scope of this Annex. Installations fall within the scope of this annex if they fall within one or more of the following activity categories: |
| b) In the first sentence of point 3, the words ‘or laying hens or other poultry categories’ are inserted after ‘excluding rearing of pigs’. | 1. Rearing of pigs representing 600 LSU or more, excluding rearing activities that are carried out under organic production regimes in accordance with Regulation (EU) 2018/848, or where the stocking density is less than 2 LSU/hectare used only for grazing or growing fodder or forage used for feeding the animals and the animals are reared outside for a significant amount of time in a year or seasonally reared outside. |
| c) Within the section on the LSU level of an installation, ‘Piglets ≤ 20 kg … 0,027’ is replaced by ‘weaners ≤ 20 kg … 0,027’ | 2. Rearing of only laying hens representing 560 LSU or more, or rearing of only other poultry categories representing 560 LSU or more. In installations rearing a mix of poultry including laying hens, the threshold shall be 560 LSU and the capacity shall be calculated using 0,93 as weighting factor ( 1 ) for laying hens. |
| 3. Rearing of any mix of pigs or poultry representing 600 LSU or more, excluding rearing of pigs in installations operating under organic production regimes in accordance with Regulation (EU) 2018/848, or where the stocking density is less than 2 LSU/hectare used only for grazing or growing fodder or forage used for feeding the animals and the animals are reared outside for a significant amount of time in a year or seasonally reared outside. | |
| The LSU level of an installation is calculated using the following conversion rates: | |
| Pigs: | |
| Breeding sows ≥ 50 kg … 0,500 | |
| Piglets ≤ 20 kg … 0,027 | |
| Other pigs … 0,300 | |
| Poultry: | |
| Broilers … 0,007 | |
| Laying hens … 0,014 | |
| Turkeys … 0,030 | |
| Ducks … 0,010 | |
| Geese … 0,020 | |
| Ostriches … 0,350 | |
| Other poultry fowls … 0,001’; |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. In Annex Ia to Directive 2010/75/EU, | deleted |
| a) Point 2 is complemented with a third sentence as follows: | |
| Rearing activities that are carried out under organic production regimes in accordance with Regulation (EU) 2018/848 are excluded. | |
| b) In the first sentence of point 3, the words ‘or laying hens or other poultry categories’ are inserted after ‘excluding rearing of pigs’. | |
| c) Within the section on the LSU level of an installation, ‘Piglets ≤ 20 kg … 0,027’ is replaced by ‘weaners ≤ 20 kg … 0,027’. |
| Present text | Amendment |
|---|---|
| (-a) point 1 is replaced by the following: | |
| Rearing of pigs representing 350 LSU or more, excluding rearing activities that are carried out under organic production regimes in accordance with Regulation (EU) 2018/848, or where the stocking density is less than 2 LSU/hectare used only for grazing or growing fodder or forage used for feeding the animals and the animals are reared outside for a significant amount of time in a year or seasonally reared outside. | ‘1. Rearing of pigs with more than 2 000 places for production pigs over 30 kg, or with more than 750 places for sows.’_; |
| Present text | Amendment |
|---|---|
| (-a) point 1 is replaced by the following | |
| Rearing of pigs representing 350 LSU or more, excluding rearing activities that are carried out under organic production regimes in accordance with Regulation (EU) 2018/848, or where the stocking density is less than 2 LSU/hectare used only for grazing or growing fodder or forage used for feeding the animals and the animals are reared outside for a significant amount of time in a year or seasonally reared outside. | 1. Rearing of pigs with more than 2 000 places for production pigs over 30 kg, or with more than 750 places for sows. |
Sergio Berlato, Michele Picaro, Pietro Fiocchi, Stefano Cavedagna, Nicola Procaccini, Antonella Sberna, Paolo Inselvini
| Present text | Amendment |
|---|---|
| (-a) paragraph 1 is replaced by the following: | |
| 1. Rearing of pigs representing 350 LSU or more, excluding rearing activities that are carried out under organic production regimes in accordance with Regulation (EU) 2018/848, or where the stocking density is less than 2 LSU/hectare used only for grazing or growing fodder or forage used for feeding the animals and the animals are reared outside for a significant amount of time in a year or seasonally reared outside. | ‘1. Rearing of pigs with more than 2 000 places for production pigs of more than 30 kg, or with more than 750 places for sows, excluding rearing activities that are carried out under organic production regimes in accordance with Regulation (EU) 2018/848, or where the stocking density is less than 2 LSU/hectare in nitrate vulnerable zones (ZVN) and 4 LSU/hectare in non-NVZ zones used only for grazing or growing fodder or forage used for feeding the animals and the animals are reared outside for a significant amount of time in a year or seasonally reared outside.’ |
| Text proposed by the Commission | Amendment |
|---|---|
| a) Point 2 is complemented with a third sentence as follows: | a) Point 2 is replaced by the following: |
| Rearing activities that are carried out under organic production regimes in accordance with Regulation (EU) 2018/848 are excluded. | ‘Rearing of poultry with more than 40 000 places.’; |
| Text proposed by the Commission | Amendment |
|---|---|
| a) Point 2 is complemented with a third sentence as follows: | a) Point 2 is replaced by the following: |
| Rearing activities that are carried out under organic production regimes in accordance with Regulation (EU) 2018/848 are excluded. | Rearing of poultry with more than 40 000 places. |
Sergio Berlato, Michele Picaro, Pietro Fiocchi, Stefano Cavedagna, Nicola Procaccini, Antonella Sberna, Paolo Inselvini
| Text proposed by the Commission | Amendment |
|---|---|
| (a) in point 2, the following text is added: | (a) point 2 is replaced by the following: |
| ‘Rearing activities that are carried out under organic production regimes in accordance with Regulation (EU) 2018/848 are excluded.’; | ‘2. Rearing of poultry with more than 40 000 places for poultry, excluding rearing activities that are carried out under organic production regimes in accordance with Regulation (EU) 2018/848.’; |
| Text proposed by the Commission | Amendment |
|---|---|
| b) In the first sentence of point 3, the words ‘or laying hens or other poultry categories’ are inserted after ‘excluding rearing of pigs’. | b) point 3 is deleted. |
| b) In the first sentence of point 3, the words ‘or laying hens or other poultry categories’ are inserted after ‘excluding rearing of pigs’. | deleted |
Sergio Berlato, Michele Picaro, Pietro Fiocchi, Stefano Cavedagna, Nicola Procaccini, Antonella Sberna, Paolo Inselvini
| Text proposed by the Commission | Amendment |
|---|---|
| (b) In the first sentence of point 3, the words ‘or laying hens or other poultry categories’ are inserted after ‘excluding rearing of pigs’; | (b) Point 3 is deleted; |
| Text proposed by the Commission | Amendment |
|---|---|
| b) In the first sentence of point 3, the words ‘or laying hens or other poultry categories’ are inserted after ‘excluding rearing of pigs’. | deleted |
Sergio Berlato, Michele Picaro, Pietro Fiocchi, Stefano Cavedagna, Nicola Procaccini, Antonella Sberna, Paolo Inselvini
| Text proposed by the Commission | Amendment |
|---|---|
| (ba) the following subparagraph is inserted after the first subparagraph: | |
| ‘By way of derogation from the previous subparagraph, an exclusion applies to rearing activities that are carried out under organic production regimes in accordance with Regulation (EU) 2018/848, or where the stocking density is less than 2 LSU/hectare in nitrate vulnerable zones (ZVN) and 4 LSU/hectare in non-NVZ zones used only for grazing or growing fodder or forage used for feeding the animals, and the animals are reared outside for a significant amount of time in a year or seasonally reared outside.’; |
Sergio Berlato, Michele Picaro, Pietro Fiocchi, Stefano Cavedagna, Nicola Procaccini, Antonella Sberna, Paolo Inselvini
| Text proposed by the Commission | Amendment |
|---|---|
| (c) Within the section on the LSU level of an installation, ‘Piglets ≤ 20 kg … 0,027’ is replaced by ‘Weaners ≤ 20 kg … 0,027’. | (c) The second subparagraph is replaced by the following: |
| ‘The LSU level of an installation is calculated using the following conversion rates: | |
| Pigs: | |
| Breeding sows ≥ 100 kg (including farrowing sows) … 0,500 | |
| Weaners ≤ 30 kg … 0,027 | |
| Other pigs … 0,300 | |
| Poultry: | |
| Broilers … 0,007 | |
| Laying hens … 0,014 | |
| Turkeys … 0,030 | |
| Ducks … 0,010 | |
| Geese … 0,020 | |
| Ostriches … 0,350 | |
| Other poultry fowls … 0,001’ |
| Text proposed by the Commission | Amendment |
|---|---|
| c) Within the section on the LSU level of an installation, ‘Piglets ≤ 20 kg … 0,027’ is replaced by ‘weaners ≤ 20 kg … 0,027’. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| ca) in the second paragraph, under the heading “Poultry”, ‘Pullets … 0,007’ is inserted after ‘Laying hens … 0,014’. |
| Present text | Amendment |
|---|---|
| (-a) in Part 1, point 3 is amended as follows: | |
| ANNEX V | ‘ANNEX V |
| Technical provisions relating to combustion plants | Technical provisions relating to combustion plants |
| PART 1 | PART 1 |
| Emission limit values for combustion plants referred to in Article 30(2) | Emission limit values for combustion plants referred to in Article 30(2) |
| (...) | (...) |
| 3. Emission limit values (mg/Nm 3 ) for SO 2 for combustion plants using gaseous fuels with the exception of gas turbines and gas engines | 3. Emission limit values (mg/Nm 3 ) for SO 2 for combustion plants using gaseous fuels other than natural gas with the exception of gas turbines and gas engines |
| (...) | (...) |
Requiring continuous measurement of emissions of particulate matter and sulfur dioxide is not logical for boilers burning natural gas. Burning natural gas cannot release these pollutants into the air. This is therefore only an unnecessary administrative burden for the operators concerned.
| Text proposed by the Commission | Amendment |
|---|---|
| (5) The emission limit value is not applicable to combustion plants firing gas with more than 20 % (by volume) of hydrogen. In such case, Member States shall ensure that the overall load of NOx eventually released into the air over one year is not increased compared to the situation where the emissions from the installation concerned remained compliant with emission limit values set out in this point for NOx for the combustion of natural gas, without prejudice to stricter measures required pursuant to Article 18.; | (5) The emission limit value is not applicable to combustion plants firing gas with more than 20 % by volume of hydrogen, or to combustion plants operating under a time-bound fuel-switching trajectory approved by the competent authority to progressively increase the share of hydrogen in the fuel mix. In both cases, Member States shall ensure that the overall load of NOx eventually released into the air over one year is not increased compared to the situation where the emissions from the installation concerned remained compliant with emission limit values set out in this point for NOx for the combustion of natural gas, without prejudice to stricter measures required pursuant to Article 18. The competent authority shall ensure appropriate monitoring of the hydrogen share and the annual NOx load and shall review the applicability of this footnote where the approved fuel-switching trajectory is not implemented.; |
The Commission proposal recognises that existing NOx concentration limits may create barriers for hydrogen combustion, while retaining the safeguard that the annual NOx load may not increase. Extending this approach to installations following a credible and approved fuel-switching trajectory avoids a cliff-edge at 20 % hydrogen and supports gradual industrial decarbonisation, while preserving the key environmental safeguard.
| Text proposed by the Commission | Amendment |
|---|---|
| (5) The emission limit value is not applicable to combustion plants firing gas with more than 20 % (by volume) of hydrogen. In such case, Member States shall ensure that the overall load of NOx eventually released into the air over one year is not increased compared to the situation where the emissions from the installation concerned remained compliant with emission limit values set out in this point for NOx for the combustion of natural gas, without prejudice to stricter measures required pursuant to Article 18.; | (5) The emission limit value is not applicable to combustion plants firing gas with more than 20 % (by volume) of hydrogen provided that the hydrogen is sourced from fossil-free sources, preferably renewable sources; and its use results in a significant reduction in lifecycle greenhouse gas emissions compared to conventional fossil fuel combustion and contributes to the deep industrial transformation referred to in Article 3(9a) of this Directive. Where this is the case, Member States shall ensure that the overall load of NOx eventually released into the air over one year is not increased compared to the situation where the emissions from the installation concerned remained compliant with emission limit values set out in this point for NOx for the combustion of natural gas, without prejudice to stricter measures required pursuant to Article 18.; |
| Text proposed by the Commission | Amendment |
|---|---|
| (5) The emission limit value is not applicable to combustion plants firing gas with more than 20 % (by volume) of hydrogen. In such case, Member States shall ensure that the overall load of NOx eventually released into the air over one year is not increased compared to the situation where the emissions from the installation concerned remained compliant with emission limit values set out in this point for NOx for the combustion of natural gas, without prejudice to stricter measures required pursuant to Article 18.; | (5) The emission limit value is not applicable to combustion plants firing gas with more than 5 % (by volume) of hydrogen. This without prejudice to stricter measures required pursuant to Article 18.; |
It is unclear how it will be possible to meet the condition requiring that the amount of NOx emissions produced under the relevant emission limit when burning natural gas not be exceeded in case when the exemption from the NOx emission limit is applied.
| Text proposed by the Commission | Amendment |
|---|---|
| (5) The emission limit value is not applicable to combustion plants firing gas with more than 20 % (by volume) of hydrogen. In such case, Member States shall ensure that the overall load of NOx eventually released into the air over one year is not increased compared to the situation where the emissions from the installation concerned remained compliant with emission limit values set out in this point for NOx for the combustion of natural gas, without prejudice to stricter measures required pursuant to Article 18.; | (5) The emission limit value is not applicable to combustion plants firing gas with more than 20 % (by volume) of hydrogen, provided the substitution by hydrogen of previously used fuel results in at least 15% total greenhouse gas emissions reduction. In such case, Member States shall ensure that the overall load of NOx eventually released into the air over one year is not increased compared to the situation where the emissions from the installation concerned remained compliant with emission limit values set out in this point for NOx for the combustion of natural gas, without prejudice to stricter measures required pursuant to Article 18.; |
| Text proposed by the Commission | Amendment |
|---|---|
| (5) The emission limit value is not applicable to combustion plants firing gas with more than 20 % (by volume) of hydrogen. In such case, Member States shall ensure that the overall load of NOx eventually released into the air over one year is not increased compared to the situation where the emissions from the installation concerned remained compliant with emission limit values set out in this point for NOx for the combustion of natural gas, without prejudice to stricter measures required pursuant to Article 18.; | (5) The emission limit value is not applicable to combustion plants firing gas with more than 30 % (by volume) of hydrogen. In such case, Member States shall ensure that the overall load of NOx eventually released into the air over one year is not increased compared to the situation where the emissions from the installation concerned remained compliant with emission limit values set out in this point for NOx for the combustion of natural gas, without prejudice to stricter measures required pursuant to Article 18.; |
| Present text | Amendment |
|---|---|
| (aa) in Part 1, point 8 is amended as follows: | |
| ANNEX V | "ANNEX V |
| Technical provisions relating to combustion plants | Technical provisions relating to combustion plants |
| PART 1 | PART 1 |
| Emission limit values for combustion plants referred to in Article 30(2) | Emission limit values for combustion plants referred to in Article 30(2) |
| (...) | (...) |
| 8. Emission limit values (mg/Nm 3 ) for SO 2 for combustion plants using gaseous fuels with the exception of gas turbines and gas engines | 8. Emission limit values (mg/Nm 3 ) for SO 2 for combustion plants using gaseous fuels other than natural gas with the exception of gas turbines and gas engines |
| (...) | (...)" |
Requiring continuous measurement of emissions of particulate matter and sulfur dioxide is not logical for boilers burning natural gas. Burning natural gas cannot release these pollutants into the air. This is therefore only an unnecessary administrative burden for the operators concerned.
| Text proposed by the Commission | Amendment |
|---|---|
| The emission limit value is not applicable to combustion plants firing gas with more than 20 % (by volume) of hydrogen. In such case, Member States shall ensure that the overall load of NOx eventually released into the air over one year is not increased compared to the situation where the emissions from the installation concerned remained compliant with emission limit values set out in this point for NOx , without prejudice to stricter measures required pursuant to Article 18.; | The emission limit value is not applicable to combustion plants firing gas with more than 20 % (by volume) of hydrogen, provided that the hydrogen is sourced from fossil-free sources, preferably renewable sources; and its use results in a significant reduction in lifecycle greenhouse gas emissions compared to conventional fossil fuel combustion and contributes to the deep industrial transformation referred to in Article 3(9a) of this Directive. Where this is the case, Member States shall ensure that the overall load of NOx eventually released into the air over one year is not increased compared to the situation where the emissions from the installation concerned remained compliant with emission limit values set out in this point for NOx , without prejudice to stricter measures required pursuant to Article 18.; |
Related to the previous amendment on the footnote. combustion of hydrogen doesnt produce emissions, but also how hydrogen was produced should matter, and the lifecycle emissions of that hydrogen should be taken into account.
| Text proposed by the Commission | Amendment |
|---|---|
| The emission limit value is not applicable to combustion plants firing gas with more than 20 % (by volume) of hydrogen. In such case, Member States shall ensure that the overall load of NOx eventually released into the air over one year is not increased compared to the situation where the emissions from the installation concerned remained compliant with emission limit values set out in this point for NOx , without prejudice to stricter measures required pursuant to Article 18.; | The emission limit value is not applicable to combustion plants firing gas with more than 30 % (by volume) of hydrogen. In such case, Member States shall ensure that the overall load of NOx eventually released into the air over one year is not increased compared to the situation where the emissions from the installation concerned remained compliant with emission limit values set out in this point for NOx , without prejudice to stricter measures required pursuant to Article 18.; |
| Text proposed by the Commission | Amendment |
|---|---|
| The emission limit value is not applicable to combustion plants firing gas with more than 20 % (by volume) of hydrogen. In such case, Member States shall ensure that the overall load of NOx eventually released into the air over one year is not increased compared to the situation where the emissions from the installation concerned remained compliant with emission limit values set out in this point for NOx , without prejudice to stricter measures required pursuant to Article 18.; | The emission limit value is not applicable to combustion plants firing gas with more than 5 % (by volume) of hydrogen. This without prejudice to stricter measures required pursuant to Article 18.; |
It is unclear how it will be possible to meet the condition requiring that the amount of NOx emissions produced under the relevant emission limit when burning natural gas not be exceeded in case when the exemption from the NOx emission limit is applied.
| Text proposed by the Commission | Amendment |
|---|---|
| The emission limit value is not applicable to combustion plants firing gas with more than 20 % (by volume) of hydrogen. In such case, Member States shall ensure that the overall load of NOx eventually released into the air over one year is not increased compared to the situation where the emissions from the installation concerned remained compliant with emission limit values set out in this point for NOx , without prejudice to stricter measures required pursuant to Article 18.; | The emission limit value is not applicable to combustion plants firing gas with more than 20 % (by volume) of hydrogen, provided the substitution by hydrogen of the previously used fuel results in at least 15% total greenhouse gas emissions reduction. In such case, Member States shall ensure that the overall load of NOx eventually released into the air over one year is not increased compared to the situation where the emissions from the installation concerned remained compliant with emission limit values set out in this point for NOx , without prejudice to stricter measures required pursuant to Article 18.; |
| Present text | Amendment |
|---|---|
| (ba) in Part 2, point 8 is amended as follows: | |
| ANNEX V | ‘ANNEX V |
| Technical provisions relating to combustion plants | Technical provisions relating to combustion plants |
| PART 2 | PART 2 |
| Emission limit values for combustion plants referred to in Article 30(3) | Emission limit values for combustion plants referred to in Article 30(3) |
| (...) | (...) |
| 8. Emission limit values (mg/Nm 3 ) for dust for combustion plants using gaseous fuels with the exception of gas turbines and gas engines | 8. Emission limit values (mg/Nm 3 ) for dust for combustion plants using gaseous fuels other than natural gas with the exception of gas turbines and gas engines |
| (...) | (...)’ |
Requiring continuous measurement of emissions of particulate matter and sulfur dioxide is not logical for boilers burning natural gas. Burning natural gas cannot release these pollutants into the air. This is therefore only an unnecessary administrative burden for the operators concerned.
| Present text | Amendment |
|---|---|
| 3a. in Annex V, Part 3, point 3 is amended as follows | |
| ANNEX V | "ANNEX V |
| Technical provisions relating to combustion plants | Technical provisions relating to combustion plants |
| (...) | (...) |
| PART 3 | PART 3 |
| Emission monitoring | Emission monitoring |
| (...) | (...) |
| 3. Where continuous measurements are not required, measurements of SO 2 , NO x , dust and, for gas fired plants, also of CO shall be required at least once every 6 months. | 3. Where continuous measurements are not required, measurements of SO 2 , NO x , dust and, for gas fired plants, also of CO shall be required at least once every 6 months. This shall not apply to combustion plants burning natural gas, where only NOx and CO shall be measured. |
| (...) | (...)" |
Continuous measurement of emissions of particulate matter and sulfur dioxide is not mandatory for natural gas combustion sources in the case of turbines and engines. However, these sources still have to measure these pollutants on a one-off basis, even though the combustion of natural gas cannot release these pollutants into the air. This is therefore only an unnecessary administrative burden for the operators concerned.
| Text proposed by the Commission | Amendment |
|---|---|
| 5. In the case of complete replacement of ambient air with oxygen, the emission limit values referred to in Article 30 shall be regarded as having been complied with if the emissions are not higher than the emissions from the combustion of the given fuel at the standardised O2 content. | 5. In the case of complete replacement of ambient air with oxygen, the emission limit values referred to in Article 30 shall be regarded as having been complied with if the emissions are not higher than the emissions from the combustion of the given fuel at the standardised O2 content. In such case, Member States shall ensure that the overall load of pollutants eventually released into the air over one year is not increased compared to the situation where the emissions from the installation concerned remained compliant with the emission limit values set out under conventional air-firing conditions. |
Sergio Berlato, Michele Picaro, Pietro Fiocchi, Stefano Cavedagna, Nicola Procaccini, Antonella Sberna, Paolo Inselvini
| Present text | Amendment |
|---|---|
| 3a. in Annex VI, part 4, paragraph 2.1 is replaced by the following: | |
| The emission limit values set out in points 2.2 and 2.3 apply as daily average values for total dust, HCl, HF, NOx, SO2 and TOC (for continuous measurements), as average values over the sampling period of a minimum of 30 minutes and a maximum of 8 hours for heavy metals and as average values over the sampling period of a minimum of 6 hours and a maximum of 8 hours for dioxins and furans. | ‘The emission limit values set out in points 2.2 and 2.3 apply as daily average values for total dust, HCl, HF, NOx, SO2 and TOC (for continuous measurements), as average values over the sampling period of a minimum of 30 minutes and a maximum of 8 hours for heavy metals and as average values over the sampling period of a minimum of 6 hours and a maximum of 8 hours for dioxins and furans. |
| All values are standardised at 10 % oxygen. | All values are standardised at 10 % oxygen. |
| Half-hourly average values shall only be needed in view of calculating the daily average values. | Half-hourly average values shall only be needed in view of calculating the daily average values. |
| In the event that the competent authority chooses to set emission limit values in accordance with Art. 15 (3b) of this Directive, these limit values can be set as freight-related values, such as g/t product.’; |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Annex II to Directive (EU) 2015/2193 is amended as follows: | deleted |
| (a) In Part 1, tables 1, 2 and 3 as regards the emission limit values for emission of NOx when gaseous fuels other than natural gas are used, the following footnote is inserted after the figures mentioned in the seventh column regarding that pollutant: | |
| (*) The emission limit value is not applicable to combustion plants firing gas with more than 20 % (by volume) of hydrogen. Member States shall ensure that the overall load of NOx eventually released into the air over one year is not increased compared to the situation where the emissions from the installation concerned remained compliant with emission limit values set out in Part 1 of Annex II for NOx for the combustion of natural gas, without prejudice to stricter measures required pursuant to Article 6 (9).; | |
| (b) In Part 2, tables 1 and 2, as regards the emission limit values for emission of NOx when gaseous fuels other than natural gas are used, the following footnote is inserted after the figures mentioned in the sixth column regarding that pollutant: | |
| (*) The emission limit value is not applicable to combustion plants firing gas with more than 20 % (by volume) of hydrogen. Member States shall ensure that the overall load of NOx eventually released into the air over one year is not increased compared to the situation where the emissions from the installation concerned remained compliant with emission limit values set out in Part 2 of Annex II for NOx for the combustion of natural gas, without prejudice to stricter measures required pursuant to Article 6 (9).; |
The MCP Directive contains specific emission limit values (ELVs) for the category “Other gaseous fuel” and these values are higher than the ELVs for natural gas. Under MCPD hydrogen is classified as other gaseous fuel. The MCPD contains a mixing rule, which sets weighted ELVs based on the share of each fuel in the combustion process. The ELVS established via mixing rule would be sufficient to take into account the slighthly higher NOx emission originating from the combustion of hydrogen, so the provisions proposed by the Commission are not necessary. Furthermore, the Commission proposal is very combersome to apply in practice and add administrative burden, thus working against the objectives of this proposal.
| Text proposed by the Commission | Amendment |
|---|---|
| (*) The emission limit value is not applicable to combustion plants firing gas with more than 20 % (by volume) of hydrogen. Member States shall ensure that the overall load of NOx eventually released into the air over one year is not increased compared to the situation where the emissions from the installation concerned remained compliant with emission limit values set out in Part 1 of Annex II for NOx for the combustion of natural gas, without prejudice to stricter measures required pursuant to Article 6 (9).; | (*) The emission limit value is not applicable to combustion plants firing gas with more than 5 % (by volume) of hydrogen. This without prejudice to stricter measures required pursuant to Article 6 (9).; |
It is unclear how it will be possible to meet the condition requiring that the amount of NOx emissions produced under the relevant emission limit when burning natural gas not be exceeded in case when the exemption from the NOx emission limit is applied.
| Text proposed by the Commission | Amendment |
|---|---|
| (*) The emission limit value is not applicable to combustion plants firing gas with more than 20 % (by volume) of hydrogen. Member States shall ensure that the overall load of NOx eventually released into the air over one year is not increased compared to the situation where the emissions from the installation concerned remained compliant with emission limit values set out in Part 1 of Annex II for NOx for the combustion of natural gas, without prejudice to stricter measures required pursuant to Article 6 (9).; | (*) The emission limit value is not applicable to combustion plants firing gas with more than 20 % (by volume) of hydrogen, provided the substitution by hydrogen of previously used fuel results in at least 15% greenhouse gas emissions reduction. Member States shall ensure that the overall load of NOx eventually released into the air over one year is not increased compared to the situation where the emissions from the installation concerned remained compliant with emission limit values set out in Part 1 of Annex II for NOx for the combustion of natural gas, without prejudice to stricter measures required pursuant to Article 6 (9).; |
| Text proposed by the Commission | Amendment |
|---|---|
| (*) The emission limit value is not applicable to combustion plants firing gas with more than 20 % (by volume) of hydrogen. Member States shall ensure that the overall load of NOx eventually released into the air over one year is not increased compared to the situation where the emissions from the installation concerned remained compliant with emission limit values set out in Part 1 of Annex II for NOx for the combustion of natural gas, without prejudice to stricter measures required pursuant to Article 6 (9).; | (*) The emission limit value is not applicable to combustion plants firing gas with more than 30 % (by volume) of hydrogen. Member States shall ensure that the overall load of NOx eventually released into the air over one year is not increased compared to the situation where the emissions from the installation concerned remained compliant with emission limit values set out in Part 1 of Annex II for NOx for the combustion of natural gas, without prejudice to stricter measures required pursuant to Article 6 (9).; |
| Text proposed by the Commission | Amendment |
|---|---|
| (*) The emission limit value is not applicable to combustion plants firing gas with more than 20 % (by volume) of hydrogen. Member States shall ensure that the overall load of NOx eventually released into the air over one year is not increased compared to the situation where the emissions from the installation concerned remained compliant with emission limit values set out in Part 1 of Annex II for NOx for the combustion of natural gas, without prejudice to stricter measures required pursuant to Article 6 (9).; | (*) The emission limit value is not applicable to combustion plants firing gas with more than 5 % (by volume) of hydrogen. Member States shall ensure that the overall load of NOx eventually released into the air over one year is not increased compared to the situation where the emissions from the installation concerned remained compliant with emission limit values set out in Part 1 of Annex II for NOx for the combustion of natural gas, without prejudice to stricter measures required pursuant to Article 6 (9).; |
The proposed threshold of 20% hydrogen content must be lowered to 5% to ensure regulatory certainty during early application phases and enable hydrogen projects to proceed to implementation more rapidly.
| Text proposed by the Commission | Amendment |
|---|---|
| (*) The emission limit value is not applicable to combustion plants firing gas with more than 20 % (by volume) of hydrogen. Member States shall ensure that the overall load of NOx eventually released into the air over one year is not increased compared to the situation where the emissions from the installation concerned remained compliant with emission limit values set out in Part 2 of Annex II for NOx for the combustion of natural gas, without prejudice to stricter measures required pursuant to Article 6 (9).; | (*) The emission limit value is not applicable to combustion plants firing gas with more than 5 % (by volume) of hydrogen. This without prejudice to stricter measures required pursuant to Article 6 (9).; |
It is unclear how it will be possible to meet the condition requiring that the amount of NOx emissions produced under the relevant emission limit when burning natural gas not be exceeded in case when the exemption from the NOx emission limit is applied.
| Text proposed by the Commission | Amendment |
|---|---|
| (*) The emission limit value is not applicable to combustion plants firing gas with more than 20 % (by volume) of hydrogen. Member States shall ensure that the overall load of NOx eventually released into the air over one year is not increased compared to the situation where the emissions from the installation concerned remained compliant with emission limit values set out in Part 2 of Annex II for NOx for the combustion of natural gas, without prejudice to stricter measures required pursuant to Article 6 (9).; | (*) The emission limit value is not applicable to combustion plants firing gas with more than 20 % (by volume) of hydrogen, provided the substitution by hydrogen of previously used fuel results in at least 15% greenhouse gas emissions reduction. Member States shall ensure that the overall load of NOx eventually released into the air over one year is not increased compared to the situation where the emissions from the installation concerned remained compliant with emission limit values set out in Part 2 of Annex II for NOx for the combustion of natural gas, without prejudice to stricter measures required pursuant to Article 6 (9).; |
| Text proposed by the Commission | Amendment |
|---|---|
| (*) The emission limit value is not applicable to combustion plants firing gas with more than 20 % (by volume) of hydrogen. Member States shall ensure that the overall load of NOx eventually released into the air over one year is not increased compared to the situation where the emissions from the installation concerned remained compliant with emission limit values set out in Part 2 of Annex II for NOx for the combustion of natural gas, without prejudice to stricter measures required pursuant to Article 6 (9).; | (*) The emission limit value is not applicable to combustion plants firing gas with more than 30 % (by volume) of hydrogen. Member States shall ensure that the overall load of NOx eventually released into the air over one year is not increased compared to the situation where the emissions from the installation concerned remained compliant with emission limit values set out in Part 2 of Annex II for NOx for the combustion of natural gas, without prejudice to stricter measures required pursuant to Article 6 (9).; |
| Text proposed by the Commission | Amendment |
|---|---|
| (*) The emission limit value is not applicable to combustion plants firing gas with more than 20 % (by volume) of hydrogen. Member States shall ensure that the overall load of NOx eventually released into the air over one year is not increased compared to the situation where the emissions from the installation concerned remained compliant with emission limit values set out in Part 2 of Annex II for NOx for the combustion of natural gas, without prejudice to stricter measures required pursuant to Article 6 (9).; | (*) The emission limit value is not applicable to combustion plants firing gas with more than 5 % (by volume) of hydrogen. Member States shall ensure that the overall load of NOx eventually released into the air over one year is not increased compared to the situation where the emissions from the installation concerned remained compliant with emission limit values set out in Part 2 of Annex II for NOx for the combustion of natural gas, without prejudice to stricter measures required pursuant to Article 6 (9).; |
The proposed threshold of 20% hydrogen content must be lowered to 5% to ensure regulatory certainty during early application phases and enable hydrogen projects to proceed to implementation more rapidly.
| Text proposed by the Commission | Amendment |
|---|---|
| - three times the number of maximum average annual operating hours, applicable pursuant to Article 6(3) or (8), for medium combustion plants with a rated thermal input equal to or greater than 20 MW that meet the requirements applicable to ‘category NRG’ in respect to Stage V controls under Regulation (EU) 2016/1628 of the European Parliament and of the Council1 , | - three times the number of maximum average annual operating hours, applicable pursuant to Article 6(3) or (8), for medium combustion plants with a rated thermal input equal to or greater than 20 MW that have adopted measures for the installation of retrofit emission control devices and advanced secondary abatement techniques for particulate pollutants and which meet the requirements applicable to ‘category NRG’ in respect to Stage V controls under Regulation (EU) 2016/1628 of the European Parliament and of the Council1 , |
| 1 Regulation (EU) 2016/1628 of the European Parliament and of the Council of 14 September 2016 on requirements relating to gaseous and particulate pollutant emission limits and type-approval for internal combustion engines for non-road mobile machinery, amending Regulations (EU) No 1024/2012 and (EU) No 167/2013, and amending and repealing Directive 97/68/EC | 1 Regulation (EU) 2016/1628 of the European Parliament and of the Council of 14 September 2016 on requirements relating to gaseous and particulate pollutant emission limits and type-approval for internal combustion engines for non-road mobile machinery, amending Regulations (EU) No 1024/2012 and (EU) No 167/2013, and amending and repealing Directive 97/68/EC |
it should be required that the monitoring frequencies are reduced in cases of not only compliance with the limits, which might lack ambition in case of PM, also considering that data centres are increasingly deployed near populated areas and are currently exempted from emission limits on patricle number (PN), but also with the requirement that advanced emission control, also for PM and PN is in place to ensure the hightest possible protection of human heatlh and environmnet.
| Text proposed by the Commission | Amendment |
|---|---|
| 6. In the case of complete replacement of ambient air with oxygen, the emission limit values referred to in Article 6 shall be regarded as having been complied with if the emissions are not higher than the emissions from the combustion of the given fuel at the standardised O2 content. | 6. In the case of complete replacement of ambient air with oxygen, the emission limit values referred to in Article 6 shall be regarded as having been complied with if the emissions are not higher than the emissions from the combustion of the given fuel at the standardised O2 content. In such case, Member States shall ensure that the overall load of pollutants eventually released into the air over one year is not increased compared to the situation where the emissions from the installation concerned remained compliant with the emission limit values set out under conventional air-firing conditions. |
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- Licensed CC BY 4.0.
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- 25 September 2026
Cite as
European Parliament (2026). “AMENDMENTS 264 - 465 - Draft report Amending Directives 2008/98/EC, 2010/75/EU, (EU) 2015/2193 and (EU) 2024/1785 of the European Parliament and of the Council as regards simplification of some requirements and reduction of administrative burden”. Text, 28 July 2026. docId ENVI-AM-791123. EU Parl Watch Research. https://news.eu-parl.st-solutions.dev/texts/ENVI-AM-791123 (retrieved 25 September 2026). Data: EP Open Data API: document record, https://data.europarl.europa.eu/api/v2/documents/ENVI-AM-791123 (CC BY 4.0).
BibTeX
@misc{epw-text-envi-am-791123,
author = {{European Parliament}},
title = {{AMENDMENTS 264 - 465 - Draft report Amending Directives 2008/98/EC, 2010/75/EU, (EU) 2015/2193 and (EU) 2024/1785 of the European Parliament and of the Council as regards simplification of some requirements and reduction of administrative burden}},
year = {2026},
date = {2026-07-28},
howpublished = {\url{https://news.eu-parl.st-solutions.dev/texts/ENVI-AM-791123}},
url = {https://news.eu-parl.st-solutions.dev/texts/ENVI-AM-791123},
urldate = {2026-09-25},
publisher = {EU Parl Watch Research},
note = {Text. docId ENVI-AM-791123. Data: EP Open Data API: document record (CC BY 4.0)}
}