Changes from report parliamentary committee draft to plenary report

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

▸10 unchanged paragraphs

(COM(2022)0156 – C90144/2022 – 2022/0104(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

– having regard to the Commission proposal to Parliament and the Council (COM(2022)0156),

– having regard to Article 294(2) and Article 192 paragraph 1 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C90144/2022),

– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

– having regard to the reasoned opinion submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Czech Parliament, asserting that the draft legislative act does not comply with the principle of subsidiarity,

– having regard to the opinion of the Economic and Social Committee of 14 July 2022,

– having regard to the opinion of the Committee of the Regions of 17 October 2022,

– having regard to Rule 59 of its Rules of Procedure,

Changed– having regard to the opinions of the Committee on AgricultureIndustry, andResearch Ruraland DevelopmentEnergy and the Committee on Industry, ResearchAgriculture and Energy,Rural Development,

Changed– having regard to the report of the Committee on the Environment, Public Health and Food Safety (A90000/2022),(A9-0216/2023),

1. Adopts its position at first reading hereinafter set out;

2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Change 1

RemovedRecital 3: (3) The Union’s extractive industry is key to achieving the aims of the European Green Deal and the EU industrial strategy, including its update. Raw materials are of strategic importance for the digital and green transition, the energy, materials and circular economy transformation and to strengthen EU economic resilience and autonomy. In order to achieve these objectives, sustainable domestic capacities and supply need to be further developed, especially in light of the growing global demand, the vulnerability of supply chains and geopolitical tensions. This requires effective, tailored and harmonized measures for certain mineral extraction processes. In that regard, the Commission should establish an exhaustive list of mineral extraction activities that have a high or significant environmental impact, such as extraction through chemical processing, for the purpose of including those extractive activities in the scope of this Directive.

AddedRecital 1: (1) The European Green Deal 55 is Europe’s strategy to ensure, by 2050, a climate-neutral, clean and circular economy, optimising resource (re-)use and management, minimising pollution while recognising the need for deeply transformative policies, a just transition and the need to protect the health and well-being of citizens from environment-related risks and impacts. The Union is also committed to the Paris Agreement55a, the 2030 Agenda for Sustainable Development 56 and its Sustainable Development Goals57 and its involvement in the WHO. The EU Chemicals Strategy for Sustainability 58 of October 2020 and the Zero Pollution Action Plan 59 adopted in May 2021 specifically address pollution aspects of the European Green Deal. In parallel, the New Industrial Strategy for Europe 60 further emphasises the potential role of transformative technologies. Other particularly relevant policies for this initiative include the European Climate law60a, ‘Fit for 55’ package 61, the Methane Strategy 62 and the Glasgow methane pledge 63, the Climate Adaptation Strategy 64, the Biodiversity Strategy65, the Farm to Fork strategy 66 the Soil Strategy66a and the Sustainable Products Initiative 67. Besides, as part of the EU response to the 2022 Russia-Ukraine war, REPowerEU 68 proposes a Joint European Action to support the diversification of energy supplies, accelerate the transition to renewable energy and improve energy efficiency. / 55a Council Decision (EU) 2016/1841 of 5 October 2016 on th…

RemovedRecital 4: (4) Rearing of pigs, poultry and cattle, while contributing to food security, cause significant pollutant emissions into the air and water. In order to reduce such pollutant emissions, including ammonia, methane, nitrates and greenhouse gas emissions and thereby improve air, water and soil quality, it is necessary to lower the threshold above which industrial-scale pigs and poultry installations are included within the scope of Directive 2010/75/EU and to include also industrial-scale cattle farming within that scope. Relevant BAT requirements take into consideration the nature, size, density and complexity of these installations, including the specificities of pasture based cattle rearing systems, where animals are only seasonally reared in indoor installations, and the range of environmental impacts they may have. The proportionality requirements in BATs aim to incentivise farmers to implement the necessary transition towards increasingly environmentally friendly agricultural practices.

AddedRecital 2: (2) The European Green Deal announced a revision of Union measures to address pollution from large industrial installations, including reviewing the sectoral scope of the legislation and how to make it fully consistent with climate, energy, water, air quality and circular economy policies while protecting the health and well-being of citizens, and protecting animals, from environemtnal -related risks and impacts and taking into account interconnections between human health and animal healh. In addition, the Zero Pollution Action Plan, the Circular Economy Action Plan and the Farm to Fork Strategy also call for improving resource efficiency and reuse while reducing pollutant emissions at source, including sources not currently within the scope of Directive 2010/75/EU of the European Parliament and of the Council69. Addressing pollution from certain agro-industrial activities while promoting sustainable agricultural practices that have multiple co-benefits for the environmental and climate objectives of the European Green Deal thus requires their inclusion within the scope of that Directive.

RemovedRecital 5: (5) A significant increase in the number of large-scale installations for the production of batteries for electric vehicles will likely take place within the Union up to 2030, increasing the Union’s share of the global battery production. Whilst several of the activities of the batteries value chain are already regulated by Directive 2010/75/EU, other activities, such as the assembly of battery modules and battery packs fall clearly outside of its scope. Furthermore, batteries as products are regulated by Regulation (EU).../... of the European Parliament and of the Council* +. However, it is still necessary to include in the scope of the Directive large installations manufacturing batteries, except for installations assembling battery modules and battery packs, thereby ensuring that such large manufacturing installations are also covered by the requirements set out in Directive 2010/75/EU and therefore contribute to a more sustainable growth of batteries manufacturing. Including large installations manufacturing batteries in the scope of Directive 2010/75/EU will improve in a holistic way the sustainability of batteries and minimise their impact on the environment throughout their life cycle

AddedRecital 3: (3) The Union’s extractive industry is key to achieving the aims of the European Green Deal and the EU industrial strategy, including its update. Raw materials are of strategic importance for the digital and green transition, the energy, materials and circular economy transformation and to strengthen EU economic resilience and autonomy. In order to achieve these objectives, sustainable domestic capacities and supply need to be further developed, especially in light of the growing global demand, the vulnerability of supply chains and geopolitical tensions. This requires effective, tailored and harmonized measures only for activities concerning certain metalliferous ores and specific industrial ores which have a significant impact on the environment and/or consumption of water and energy such as chemical processing, confirmed by an impact assessment, to ensure that the best available techniques are established and employed, thus applying processes that are both the most efficient and have the lowest possible impacts on human health and the environment. The Commission should, based on an impact assessment, establish an exhaustive list of such activities concerning certain industrial ores. The governance mechanisms of Directive 2010/75/EU that closely associate industry experts to the development of consensual and tailored environmental requirements will support the sustainable growth of those activities in the Union. The development and availability of commonly agreed standards …

RemovedRecital 5 a (new): (5a) Renewable hydrogen will be key to replacing fossil fuels in hard-to-decarbonise, energy-intensive industries and transport, diversifying the Union’s energy mix and boosting the progress towards climate neutrality by 2050 at the latest. Since hydrogen production through water electrolysis has a much lower environmental impact than its production in conventional hydrogen plants and it offers great potential for self-sufficiency to small and medium-sized enterprises, installations with a capacity of 18 tonnes per hour/50 MW or lower should be exempted from the lengthier permitting procedure provided for in Chapter II. In addition, the process of ammonia cracking has great potential.

AddedRecital 3 a (new): (3a) Persistent problems with odours (‘olfactory pollution’) as well as problems with the discharge of industrial waste water that can be aggravated by seasonal fluctuations of environmental conditions, are a matter of particular concern in numerous areas within the Union and they are not adequately addressed in existing Union legislation. This amending act should take into account the impact of olfactory and industrial water discharges pollution on the health, quality of the environment and quality of life of Union citizens.

RemovedRecital 5 b (new): (5b) Certain industrial technologies, such as Climate Change, Mitigation and Adaptation (CCMA) technologies, are key to achieving one or more of the strategic objectives of the Union and especially the 2030 targets of Regulation (EU) 2021/1119 (the European Climate law). Yet, their current development in the Union is only at a very early stage. Given the importance, complexity and potential environmental impact of such technologies, as well as the very significant capital investment needed for their deployment, it is necessary to ensure that BATs are defined and relevant BREFs are issued in a timely manner to reduce uncertainty for producers and investors. It is also necessary to ensure that the industries concerned can benefit from fast and effective permitting procedures in all Member States.

AddedRecital 4: (4) Rearing of pigs, poultry and cattle, while contributing to food security, cause significant pollutant emissions into the air and water. In order to reduce such pollutant emissions, including ammonia, methane, nitrates and greenhouse gas emissions and thereby improve air, water and soil quality, it is necessary to lower the threshold above which large pigs and poultry installations are included within the scope of Directive 2010/75/EU and to include also large cattle farming within that scope. Relevant BAT requirements take into consideration the nature, size, density and complexity of these installations, including the specificities of pasture based cattle rearing systems, where animals are only seasonally reared in indoor installations, and the range of environmental impacts they may have. The proportionality requirements in BATs aim to incentivise farmers to implement the necessary transition towards increasingly environmentally friendly agricultural practices. High environmental standards in both industrial activities and intensive animal rearing tend to increase the production value of products, complying with the requirements of Union environmental legislation. It is therefore essential, in order to promote higher environmental standards worldwide, to introduce reciprocity with producers outside of the Union, thus incentivising the import onto the internal market of products complying with similar environmental obligations, starting with agricultural production under…

RemovedRecital 5 c (new): (5c) To ensure the effective take-up of CCMA technologies on a wide industrial scale and in a rapid manner which are essential for the climate and digital transition and the achievement of other strategic objectives of the Union, to ensure a level playing field exists and to avoid misclassification of enabling techniques by different national competent authorities, it is of the utmost importance that a list of CCMA technologies is approved at Union level and that national permit procedures follow a harmonized protocol.

AddedRecital 5: (5) A significant increase in the number of large-scale installations for the production of batteries for electric vehicles will likely take place within the Union up to 2030, increasing the Union’s share of the global battery production. Whilst several of the activities of the batteries value chain are already regulated by Directive 2010/75/EU, other activities, such as the assembly of battery modules and battery packs fall clearly outside of its scope. Furthermore, batteries as products are regulated by Regulation (EU).../... of the European Parliament and of the Council* +. However, it is still necessary to include in the scope of the Directive large installations manufacturing batteries, except for installations exclusively assembling battery modules and battery packs, thereby ensuring that such large manufacturing installations are also covered by the requirements set out in Directive 2010/75/EU and therefore contribute to a more sustainable growth of batteries manufacturing. Including large installations manufacturing batteries in the scope of Directive 2010/75/EU will improve in a holistic way the sustainability of batteries and minimise their impact on the environment throughout their life cycle

RemovedRecital 6: (6) With a view to further strengthening public access to environmental information, it is necessary to clarify that permits for installations granted pursuant to Directive 2010/75/EU are to be made available to the public on the Internet, free of charge and without restricting access to registered users, while ensuring that sensitive business information is safeguarded. A uniform summary of permits should also be made available to the public under the same conditions.

AddedRecital 5 a (new): (5a) Renewable hydrogen will be key to replacing fossil fuels in hard-to decarbonise, energy-intensive industries and transport, diversifying the Union’s energy mix and boosting the progress towards climate neutrality by 2050 at the latest. Hydrogen production through water electrolysis has a much lower environmental impact than its production in conventional hydrogen plants, with the water footprint being a crucial, and a very location-specific parameter dependent on the local water availability, consumption, degradation, and pollution. Although it requires high quality water for its production, hydrogen as an energy carrier offers great potential for self-sufficiency to small and medium-sized enterprises.

RemovedRecital 9: (9) In order to foster energy efficiency of installations within the scope of Directive 2010/75/EU which are carrying out activities listed in Annex I to Directive 2003/87/EC, it is appropriate to submit those installations to energy efficiency requirements in respect of combustion units or other units emitting carbon dioxide on the site. The higher energy intensity of decarbonisation activities should be taken into account by Member States when specifying those requirements.

AddedRecital 6: (6) With a view to further strengthening public access to environmental information, it is necessary to clarify that permits for installations granted pursuant to Directive 2010/75/EU are to be made available to the public on the Internet, free of charge and without restricting access to registered users while ensuring that confidential business information is safeguarded. A uniform summary of permits should also be made available to the public under the same conditions. To that end, the Commission should establish guidelines on the publication of permits.

RemovedRecital 10: (10) The evaluation of Directive 2010/75/EU concluded that there is a need to strengthen the links between that Directive and Regulation (EC) No 1907/200671, to better address the risks of the use of chemicals in installations whithin the scope of Directive 2010/75/EU. In order to develop synergies between the work carried out by the European Chemicals Agency (ECHA) on chemicals and the preparation of BAT reference documents under Directive 2010/75/EU, ECHA should be given a formal advisory role in such preparation of BAT reference documents.

AddedRecital 8: (8) Member States should also adopt compliance assurance measures to promote, monitor and enforce compliance with obligations placed on natural or legal persons under Directive 2010/75/EU. As part of compliance assurance measures, in order to stop that danger, competent authorities should suspend the operation of an installation where a continued breach of the permit conditions and the non-implementation of the findings of the inspection report pose or risk causing a danger to human health or a significant adverse effect upon the environment of one or several Member States, for instance, through waste water discharges, and adversely affects ecosystem services, such as the provision of drinking water. The competent authority should improve the communication with affected stakeholders and inform drinking water and waste water operators and cross-border competent authorities affected by a breach.

RemovedRecital 13: (13) With a view to continuously improving the environmental performance and safety of the installation, including by preventing waste generation, optimising resource use and water reclaiming and reuse, and preventing or reducing risks associated with the use of hazardous substances, the operator should be encouraged to establish and implement an environmental management system (EMS), where such a system is not already included in relevant BAT conclusions, and should make its non-confidential parts available to the public. The EMS should also cover the management of risks related to the use of the hazardous substances and an analysis of the possible substitution of hazardous substances by safer alternatives.

AddedRecital 9: (9) In order to foster energy efficiency of installations within the scope of Directive 2010/75/EU which are carrying out activities listed in Annex I to Directive 2003/87/EC, it is appropriate to apply the ‘energy efficiency-first’ principle and submit installations that fail to implement a certified energy management system, or those that fail to implement the results of a certified energy audit, to energy efficiency requirements in respect of combustion units or other units emitting carbon dioxide on the site. The REPowerEU Planstates that energy efficiency measures can improve resilience in the event of disruption of energy imports from third countries to the Union and its member states, particularly in the event of geopolitical conflicts.

RemovedRecital 15: (15) Providing a high level of protection of human health and the environment as a whole requires inter alia the establishment in permits of emission limit values at a level that ensures compliance with the applicable emission levels associated with the best available techniques set out in the BAT conclusions. Emission levels associated with the best available techniques(BAT-AELs) are usually expressed as ranges, rather than as single values, to reflect the differences within a given type of installations that result in variations in the environmental performances achieved when applying BAT. For example, a given BAT will not deliver the same performance for different installations, some BATs may not be suitable for use in certain installations, or a combination of BATs may be more effective on some pollutants or environmental media than others. The achievement of a high level of protection of human health and the environment as a whole has been jeopardised by the practice of setting emission limit values at the laxest end of the range of emission levels associated with the best available techniques, without considering the potential of a given installation to achieve lower emission levels through the application of best available techniques. Such practice discourages frontrunners from implementing more effective techniques, and hinders the achievement of a level-playing field at a high level of protection of human health and the environment. Competent authorities should there…

AddedRecital 10: (10) The evaluation of Directive 2010/75/EU concluded that there is a need to strengthen the links between that Directive and Regulation (EC) No 1907/200671, to better address the risks of the use of chemicals in installations within the scope of Directive 2010/75/EU. In order to develop synergies, in particular on minimizing emissions of persistent, bioaccumulative and toxic substances, between the work carried out by the European Chemicals Agency (ECHA) on chemicals, and the preparation of BAT reference documents under Directive 2010/75/EU, ECHA should be given a formal role in in such preparation of BAT reference documents. In addition, this process would benefit from the expertise of the European Environment Agency.

RemovedRecital 16: (16) The contribution of Directive 2010/75/EU to resource and energy efficiency and circular economy in the Union should be made more effective, taking into consideration the ‘Energy Efficiency First’ as a guiding principle of the Union energy policy, while fully taking into account the higher energy consumption related to certain decarbonisation and depollution activities and processes. Therefore, the permits should establish, where possible, mandatory environmental performance limit values on consumption and resource efficiency levels, including on the use of water, energy and recycled materials, based on the environmental performance levels associated with the best available techniques (BAT AEPLs) set out in decisions on BAT conclusions.

AddedRecital 11: (11) In order to facilitate the exchange of information supporting the determination of emission levels and environmental performance levels associated with best available techniques (BAT), while maintaining the integrity of confidential business information, the procedures for the handling of information qualifying as confidential business information or sensitive commercial information, and as collected from the industry in the context of the exchange of information organised by the Commission for the purpose of drafting, reviewing or updating BAT reference documents should be specified. It should be ensured, including, for example, by means of confidentiality and non-disclosure agreements and anonymisation of data, that individuals participating in the exchange of information do not share information qualifying as confidential business information or sensitive commercial information with any representative of undertakings or trade associations having an economic interest in the concerned industrial activities and related markets. Such exchange of information is without prejudice to Union competition law, in particular Article 101 of the Treaty on the Functioning of the European Union (TFEU).

AddedRecital 12: (12) To ensure the protection of human health and the environment as a whole synergies and coordination with other relevant Union environmental legislation are necessary, at all stages of its implementation. Therefore, all relevant competent authorities that ensure compliance with relevant Union environmental legislation, in particular with Directive (EU) 2016/2284 of the European Parliament and of the Council of 14 December 2016, should be duly consulted before the granting of a permit under Directive 2010/75/EU.

AddedRecital 13: (13) With a view to continuously improving the environmental performance and safety of the installation, including by preventing waste generation, optimising resource and water use and reuse, and preventing or reducing risks associated with the use of hazardous substances, the operator should establish and implement an environmental management system (EMS) in accordance with relevant BAT conclusions. The EMS should be developed in a way that reflects the nature, scale and complexity of the installation, as well as the environmental impacts it may have. The EMS should be audited and made freely available to the public on the internet. The EMS should also cover the management of risks related to the use of the hazardous substances and an analysis of the possible substitution of hazardous substances by safer alternatives.

AddedRecital 14: (14) It is necessary to specify further the conditions under which the competent authority, when setting emission limit values applicable to pollutant releases to water in a permit granted under Directive 2010/75/EU, may take account of the downstream treatment processes in a waste water treatment plant, in order to ensure that such releases do not lead to an increased load of pollutants in receiving waters or impede the capacity or potential to recover resources from the waste water treatment stream when compared to a situation where the installation applies BAT and meets emission levels associated with the best available techniques for direct releases.

AddedRecital 15: (15) Providing a high level of protection of human health and the environment as a whole requires inter alia the establishment in permits of emission limit values at a level that ensures compliance with the applicable emission levels associated with the best available techniques set out in the BAT conclusions. Emission levels associated with the best available techniques (BAT-AELs) are usually expressed as ranges, rather than as single values, to reflect the differences within a given type of installations that result in variations in the environmental performances achieved when applying BAT. For example, a given BAT will not deliver the same performance for different installations, some BATs may not be suitable for use in certain installations, or a combination of BATs may be more effective on some pollutants or environmental media than others. The achievement of a high level of protection of human health and the environment as a whole has been jeopardised by the practice of setting emission limit values at the laxest end of the range of emission levels associated with the best available techniques, without considering the potential of a given installation to achieve lower emission levels through the application of best available techniques. Such practice discourages frontrunners from implementing more effective techniques, and hinders the achievement of a level-playing field at a high level of protection of human health and the environment. Therefore, the competent authorit…

AddedRecital 16: (16) The contribution of Directive 2010/75/EU to resource and energy efficiency and circular economy in the Union should be made more effective, taking into consideration the ‘Energy Efficiency First’ as a guiding principle of the Union energy policy. Therefore, the permits should establish, where possible, indicative environmental performance limit values, provided that the lower performing end of the mandatory range is ensured on consumption and resource efficiency levels, including on the use of water, energy and recycled materials, based on the environmental performance levels associated with the best available techniques (BAT AEPLs) set out in decisions on BAT conclusions, while taking into account the higher energy consumption related to certain decarbonisation and depollution activities and processes, and to emerging and innovative techniques and the whole industrial ecosystem. Competent authorities should be able to grant temporary derogations only where an assessment shows that the achievement of environmental performance limit values with the best available techniques as described in BAT conclusions would lead to disproportionately higher costs compared to the environmental benefits and cross-media effects, and when a high level of protection of the environment as a whole is achieved.

AddedRecital 17: (17) With a view to preventing or minimising the emission of pollutants by installations within the scope of Directive 2010/75/EU and to levelling the playing field across the Union, the conditions under which derogations from emissions limit values can be granted should be better framed through general principles. Clear criteria, including the maximum duration and timeline for revision of derogations, need to be provided in order to ensure a more harmonized implementation of such derogations throughout the Union. Moreover, derogations from emissions limit values should not be granted where they may put at risk compliance with environmental quality standards.

Recital 18: (18) The evaluation of Directive 2010/75/EU concluded that there was some discrepancy in compliance assessment approaches for installations covered by Chapter II of that Directive. In order to achieve a high level of protection of the environment as a whole, ensure a consistent implementation of Union law and a level-playing field throughout the Union, while minimising the administrative burden on businesses and public authorities and preventing corruption risks, the Commission should set common rules for assessing compliance with emission limit values and validation of measured levels for both air and water emissions based on best available techniques. Those compliance assessment rules should take precedent over the rules set out in Chapters III and IV on assessment of compliance with emission limit values contained in Annexes V and VI to Directive 2010/75/EU.

Change 2

RemovedRecital 20: (20) Permit conditions should be regularly reviewed and, where necessary, updated by the competent authority to ensure compliance with relevant legislation, while respecting the need to ensure legal certainty and investment cycles. Such review or update should also take place where it is necessary for the installation to comply with an environmental quality standard, including in the case of a new or revised environmental quality standard or where the status of the receiving environment requires a revision of the permit in order to achieve compliance with plans and programmes set under Union legislation, such as the river basin management plans under Directive 2000/60/EC of the European Parliament and of the Council72.

AddedRecital 18 a (new): (18a) Member States, with the support of the Commission, should ensure that harmonised environmental monitoring methods, including emerging monitoring techniques, for example via honeybee colonies, for the detection of relevant pollutants, are streamlined.

RemovedRecital 20 a (new): (20a) Given the general principle of the non-retroactive application of a law, new requirements for the emission limit values and the environmental performance limit values should only apply to new installations when a permit update is required due to a substantial change or when a new BAT Conclusion is adopted after the end date for transposition of this Directive.

AddedRecital 19: (19) Environmental quality standards refer to all the requirements set out in Union law, such as Union legislation on air, and water; which must be fulfilled at a given time by a given environment or particular part thereof. Therefore it is appropriate to clarify that when granting a permit to an installation, competent authorities should not only set out conditions to ensure compliance of the installation’s operations with the best available techniques conclusions, but should also, where appropriate with a view to reducing the specific contribution of the installation to the pollution occurring in the relevant area, and taking into consideration the cumulative effect of the installations in the same geographical area, include specific additional conditions in the permit stricter than those set in relevant BAT conclusions, so as to ensure the installation’s compliance with environmental quality standards. Such conditions may consist in setting stricter emission limit values or limiting the operation or capacity of the installation.

RemovedRecital 24: (24) The evaluation of Directive 2010/75/EU found that, even if it should foster the transformation of European industry, it is not dynamic enough and does not sufficiently support the deployment of innovative processes and technologies, including those that are essential for the twin green and digital transitions and the achievement of the European Climate Law targets (‘enabling technologies’). It is therefore appropriate to facilitate the testing and deployment of emerging techniques with improved environmental performance, to promote enabling technologies and to facilitate cooperation with researchers and industries in publicly funded research projects subject to the conditions foreseen in the relevant European and national funding instruments, as well as to set up a dedicated centre to support innovation by collecting and analysing information on innovative techniques, including emerging techniques and enabling technologies, relevant to activities within the scope of that Directive and to characterise their level of development from research to deployment (technology readiness level or ‘TRL’) and their environmental performance. This will also inform the exchange of information on drawing up, reviewing and updating BAT reference documents. Innovative techniques to be collected and analysed by the centre should be at least at the level of technology demonstrated in relevant environment (industrially relevant environment in the case of key enabling technologies) or system p…

AddedRecital 20: (20) To ensure that permits granted under Directive 2010/75/EU address the need to improve performance, permit conditions should be regularly reviewed, and, where necessary, updated by the competent authority to ensure compliance with relevant legislation. The frequency of such reviews should be 8 years. Such reconsiderations of the permit should also take place where it is necessary for the installation to comply with an environmental quality standard, including in the case of a new or revised environmental quality standard or where the status of the receiving environment requires a revision of the permit in order to achieve compliance with plans and programmes set under Union legislation, such as the river basin management plans under Directive 2000/60/EC of the European Parliament and of the Council72.

RemovedRecital 25: (25) Achieving Union objectives regarding a clean, circular and climate neutral economy by 2050 calls for a deep transformation of the Union economy. Consistently with the 8th Environmental Action Programme, operators of installations covered by Directive 2010/75/EU should therefore be required to include indicative transformation plans at company or installation level in their environmental management systems. Such transformation plans will also complement the Corporate Sustainability Reporting requirements under Directive 2013/34/EU of the European Parliament and of the Council75, while including information or data that are already required to be reported under other Union legislation, such as the Corporate Sustainability Reporting Directive [OJ: please insert the reference number for 2021/0104(COD)]75a or the Directive on corporate sustainability due diligence [OJ: please insert the reference number for 2022/0051(COD)]75b, should not be required in the transformation plans. The first priority is the transformation of energy-intensive activities listed in Annex I. Therefore, the operators of energy-intensive installations should produce transformation plans by 30 June 2030. Operators of installations carrying out other activities listed in Annex I should be required to produce transformation plans as part of the permit reconsideration and update following the publication of decisions on BAT conclusions published after 1 January 2030. Whilst the transformation plans should …

AddedRecital 20 a (new): (20a) Given the general principle of the non-retroactive application of a law, new requirements for the emission limit values and the environmental performance limit values should only apply to installations when a permit update is required as a result of the adoption of a new BAT Conclusion after the end date for transposition of this directive, or when the environmental quality standards or the operational safety of the installation require a permit update and at the latest by 10 years after entry into force. Conversely, for new installations which have started the application procedure after the date of transposition of this directive the new requirements for emission limit values should be applicable.

RemovedRecital 29: (29) In order to ensure that Directive 2010/75/EU continues meeting its objectives to prevent or reduce emissions of pollutants and achieve a high level of protection of human health and the environment, while not adversely affecting sustainable European farming, based on the principles of respecting animal welfare, healthy and sustainable food production and promotion of small-scale and family farming, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to supplement that Directive in order to establish operating rules containing requirements for activities relating to industrial-scale rearing of poultry, pigs and cattle. Small-scale extensive farming, small-scale family farming and organic farming should be excluded from the scope of this Directive. General definitions of small-scale extensive farming, small-scale family farming and organic farming should be laid down in this Directive, and detailed national definitions should be established, reflecting national and regional particularities. In the preparation of the operating rules, the Commission should also ensure that sustainable forms of industrial-scale farming, respecting animal welfare principles and local traditions in sustainable farming, will benefit from either a registration regime or simplified administrative procedures. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and…

AddedRecital 23: (23) Transboundary cooperation through appropriate regional communication channels should take place prior to reconsideration or the granting of permits where more than one Member State may be affected by the operation of an installation, and should include prior information and consultation of the public concerned and competent authorities in the other Member States which may be affected.

RemovedRecital 30: (30) In order to ensure uniform conditions for the implementation of Directive 2010/75/EU, implementing powers should be conferred on the Commission as regards the establishment of (i) the format to be used for the permit summary; (ii) a standardised methodology for assessing the disproportionality between the costs of implementation of the BAT conclusions and the potential environmental benefits, (iii) the measuring method for assessing compliance with emission limit values set out in the permit with regard to emissions to air and water, (iv) the detailed arrangements necessary for the establishment and functioning of the innovation centre for industrial transformation and emissions, (v) the format to be used for transformation plans, (vi) a list of EU-50 technologies, benefiting from ‘fast-track’ permit procedures and (vii) establishing the format of the uniform digital permitting application in the context of technical assistance to Member States’ competent authorities. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council78 / 78 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13)

AddedRecital 24: (24) The evaluation of Directive 2010/75/EU found that, even if it should foster the transformation of European industry, it is not dynamic enough and does not sufficiently support the deployment of innovative processes and technologies, including those that are essential for the twin green and digital transition and the achievement of the objectives of the European Climate Law. Without prescribing the use of any technique or specific technology, it is therefore appropriate to facilitate the testing and deployment of emerging techniques with improved environmental performance, to facilitate cooperation with researchers and industries in publicly funded research projects subject to the conditions foreseen in the relevant European and national funding instruments, as well as to set up a dedicated centre to support innovation by collecting and analysing information on innovative techniques, including emerging techniques, relevant to activities within the scope of that Directive and to characterise their level of development from research to deployment (technology readiness level or ‘TRL’) and assess the level of the environmental performance of those techniques, while taking into account any potential limitation with regard to the availability of data. This will also inform the exchange of information on drawing up, reviewing and updating BAT reference documents. Innovative techniques to be collected and analysed by the centre should be at least at the level of technology demons…

RemovedRecital 32: (32) Where damage to human health has occurred as a result of a violation of national measures adopted pursuant to Directive 2010/75/EU, Member States should ensure that the individuals affected are able to claim and obtain compensation for that damage from the relevant natural or legal persons and from the relevant competent authorities responsible for the infringement. Such rules on compensation contribute to pursuing the objectives of preserving, protecting and improving the quality of the environment and protecting human health as laid down in Article 191 TFEU. They also underpin the right to life, integrity of the person and health care laid down in Article 2, 3 and 35 of the Charter of Fundamental Rights of the European Union and the right to an effective remedy as laid down in Article 47 of the Charter. Moreover, Directive 2004/35/EC of the European Parliament and of the Council does not give private parties a right of compensation as a consequence of environmental damage or of an imminent threat of such damage.