Changes from report parliamentary committee draft to plenary report

Change 91

RemovedArticle 1 – paragraph 1 – point 32, Article 79a – paragraph 1: 1. Member States shall ensure that, where damage to human health has occurred as a result of a violation of national measures that were adopted pursuant to this Directive, the individuals affected have the right to claim and obtain compensation for that damage from the relevant natural or legal persons. Where a violation could be attributed to a failure of the competent authorities to perform their duties under the Directive, either in the process of granting of permits or adequate control, the individual affected shall also have the opportunity to claim and obtain compensation from the relevant competent authorities responsible for the violation, without prejudice to regress rights of the authorities against the operator.

AddedArticle 1 – paragraph 1 – point 31, Article 79 – paragraph 3 – point c: (c) the population or the environment affected by the violation, bearing in mind the impact of the infringement on the objective of achieving a high level of protection of human health and the environment, including the reversibility of any damage caused as a result of the violation and the length of time necessary for such damage to be reversed.

Directive 2010/75/EU

Change 92

RemovedArticle 1 – paragraph 1 – point 32, Article 79a – paragraph 2: 2. Member States shall ensure that, as part of the public concerned, non-governmental organisations promoting the protection of human health or the environment and meeting any requirements under national law are allowed to represent the individuals affected and bring collective actions for compensation, if and to the extent that, the individuals affected have explicitly consented to that legal representation. Member States shall ensure that a claim for a violation leading to a damage cannot be pursued twice, by the individuals affected and by the non-governmental organisations referred to in this paragraph.

AddedArticle 1 – paragraph 1 – point 31, Article 79 – paragraph 3 – point c a (new): (ca) relevant previous violations by the operator or by the installation.

Directive 2010/75/EU

Change 93

ChangedArticle 1 – paragraph 1 – point 32,31, Article 79a79 – paragraph 3:3 3.a (new): 3a. Member States shall ensure that nationalrevenue rulesfrom andpenalties proceduresis relatingused, toas claimsa formatter compensationof arepriority, designedto andcompensate appliedfor inharm suchcaused ato waylocal thatcommunities, theyincluding dofor notthe rendersocial impossibleconsequences orof excessivelyending difficulteconomic theactivities, exercisedue ofto thepermit rightviolations. Without prejudice to compensationArticle for79a, damagerevenues causedraised byfrom apenalties violationshall pursuantnot tobe paragraph,used whilstfor protectingthe defendantspurpose fromof maliciousArticle litigation.79a.

Directive 2010/75/EU

Change 94

RemovedArticle 1 – paragraph 1 – point 32, Article 79a – paragraph 4: 4. Where there is a claim for compensation in accordance with paragraph 1, supported by clear scientific data, stating that a causality link between the damage and the violation is typically consistent, Member States shall ensure that such data are recognised both in substantive and procedural law as evidence. Member States may, therefore, include presumptions, establishing the casuality link between different types of pollution and respective health conditions in their national law. Such presumptions in national law shall be capable of reversing the burden of proof. Alternatively, Member States may decide on other ways to guarantee that scientific data on casuality links are duly respected by national courts as prima facie evidence. They shall also grant the person responsible for the violation the legal right to prove that the violation did not cause or only partially contributed to the damage.

AddedArticle 1 – paragraph 1 – point 31, Article 79 – paragraph 3 b (new): 3b. The Commission shall monitor the implementation by Member States of the penalties referred to in this paragraph and, in the event of obvious disparities between the penalty regimes of the Member States, shall, where appropriate, adopt guidelines.

Directive 2010/75/EU

Change 95

ChangedArticle 1 – paragraph 1 – point 32, Article 79a – paragraph 5:1: 5.1. Member States shall ensure that the limitation periods forthat, bringingwhere actionsdamage forto compensationhuman referredhealth tohas inoccurred paragraphas 1a areresult notof shortera thanviolation 5of years.national Suchmeasures periodsthat shallwere notadopted beginpursuant to runthis beforeDirective, the violation has ceased and theindividuals personaffected claiminghave the compensation knows or can reasonably be expectedright to knowclaim thatand heobtain orcompensation shefor sufferedthat damage from a violation pursuant to paragraph 1. Where therethe arerelevant newnatural scientificor datalegal thatpersons demonstrateresponsible for the first time a typicalviolation, causalityincluding, linkwhere betweenappropriate, afrom violationthe ofrelevant acompetent permitauthorities underwhere thisthe Directivedecision, andact negativeor healthomission conditions,of the limitationauthority periodcaused shallor begincontributed afterto the release of those relevant scientific data.damage.

Change 96

RemovedArticle 3 a (new): Article 3a / Articles 14a, 15(3), 15(3a) of Directive 2010/75/EU shall apply to permits granted after the first set of BAT conclusions relating to those provisions is adopted after the end date for transposition of this Directive, and to existing permits where those permits are required to be reconsidered or updated, in accordance with Article 21 (3) and (5), after the end date for transposition.

RemovedArticle 3 b (new): Article 3b / Concerning activities, that are added to the scope of Directive 2010/75/EU after the end date for transposition, the provisions of the Directive shall apply after the adoption of the first relevant BAT Conclusions after the end date for transposition.

Directive 2010/75/EU

Change 97

RemovedAnnex I – paragraph 1 – point c, Annex 1 – point 2 – point 2.7: 2.7. Manufacture of lithium-ion batteries (excluding assembling battery cells and battery packs), with a production capacity of 3,5 GWh or more per year.;

AddedArticle 1 – paragraph 1 – point 32, Article 79a – paragraph 4: 4. Where there is a claim for compensation in accordance with paragraph 1, supported by evidence, including relevant scientific data, from which it may be presumed that the violation has caused or contributed to the damage, Member States shall grant the person responsible for the violation the legal right to rebut the presumption.

Directive 2010/75/EU

Change 98

RemovedAnnex I – paragraph 1 – point e, Annex 1 – point 3 – point 3.6: 3.6. Extraction processes for non-energy minerals that have a high or significant environmental impact, such as extraction through chemical processing, based on an exhaustive list to be established by the Commission by means of delegated acts.

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

Directive 2010/75/EU

Change 99

RemovedAnnexe 1 – point 3 – point 3.6 – point a

AddedArticle 1 – paragraph 1 – point 32, Article 79a – paragraph 5 a (new): 5a. For the purpose of this article, ‘relevant scientific data’ means statistical, epidemiological and other data demonstrating a statistically robust causal relationship between certain types of pollution and certain health conditions.

RemovedAnnex I – paragraph 1 – point e: deleted

Directive 2010/75/EU

Change 100

RemovedAnnexe 1 – point 3 – point 3.6 – point b

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

RemovedAnnex I – paragraph 1 – point e: deleted

Directive 2010/75/EU

Change 101

RemovedArticle 1 – paragraph 1 – point e a (new), Annex I – point 4 – point 4.2 – point a: (ea) In Annex I, point 4.2, point (a) is replaced as follows: / (a) gases , such as ammonia, chlorine or hydrogen chloride, fluorine or hydrogen fluoride, carbon oxides, sulphur compounds, nitrogen oxides, hydrogen, except hydrogen from plants using water electrolysis technologies below 18 tonnes per hour or 50 MW rated thermal input, sulphur dioxide, carbonyl chloride;

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

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

Directive 2010/75/EU

Change 102

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

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

Directive 2010/75/EU

Change 103

RemovedAnnex II, Annex Ia – point 2: 2. Rearing of any mix of the following animals: cattle, pigs, poultry, in installations of 300 LSU or more, excluding rearing carried out in the context of small scale extensive farming, small scale family farming and organic farming as defined in this Directive.

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

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

AddedDirective 2010/75/EU

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

AddedDirective 2010/75/EU

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

AddedDirective 2010/75/EU

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

AddedDirective 2010/75/EU

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

AddedDirective 2010/75/EU

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

AddedDirective 2010/75/EU

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

AddedDirective 2010/75/EU

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

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

AddedDirective 2010/75/EU

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

Added(Directive 2010/75/EC)

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

AddedDirective 2010/75/EU

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