Changes from report parliamentary committee draft to plenary report

AddedRecital 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 group, corporate 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, whereas for transformation plans, information or data that are already reported under other Union legislation, such as Directive (EU) 2022/2464 of the European Parliament and of the Council 75a or the Directive on corporate sustainability due diligence [OJ: please insert the reference number for 2022/0051(COD)]75b it should be possible to simply make a reference if they are compliant with the elements of the transformation plans The first priority is the transformation of energy-intensive activities listed in Annex I. Therefore, the operators of energy-intensive installations, for which a derogation is granted or which are among the 200 most polluting installations except for installations with a closure plan for 2035 should produce transformation plans by 30 June 2027 at installation level. The second priority is that all other operators of energy-intensive installations should produce t…

RemovedRecital 33: (33) It is therefore appropriate for Directive 2010/75/EU to address the right for compensation for damages suffered by individuals. To ensure that individuals can defend their rights against damages to health caused by violations of Directive 2010/75/EU and thereby ensure a more efficient enforcement of that Directive, non-governmental organisations promoting the protection of human health or the environment, including those promoting the protection of consumers and meeting any requirements under national law, as members of the public concerned, should be empowered to engage in proceedings, as the Member States so determine, in support of any victim, without prejudice to national rules of procedure concerning representation and defence before the courts. Member States usually enjoy procedural autonomy to ensure an effective remedy against violations of Union law, subject to the respect of the principles of equivalence and effectivity. However, experience shows that while there is overwhelming epidemiologic evidence on the negative health impacts of pollution on the population, in particular as regards air, it is difficult for the victims of violations of Directive 2010/75/EU under the procedural rules on the burden of proof generally applicable in the Member States to demonstrate a causality link between the suffered harm and the violation. As a result, in the majority of cases, victims of violations of Directive 2010/75/EU do not have an effective way to obtain compensation…

AddedRecital 25 a (new): (25a) Considering the water-related risks for, and risks to water by, industrial activities, especially taking into account the current situation regarding droughts and floods in Europe or the rising sea levels, digital tools such as digitalized management systems might help to quantitatively and qualitatively assess, manage water-related risks and help operators in the transformation of their installations.

RemovedRecital 35: (35) The implementation of Directive 2010/75/EU has shown divergent applications across Member States concerning the coverage of installations for the manufacturing of ceramic products by firing, because the wording of the definition of this activity allowed Member States to decide whether to apply both or only one of the two criteria on production capacity and kiln capacity. With a view to ensuring a more consistent implementation of that Directive, compliance with Directive 2003/87/EC and securing a level-playing field throughout the Union, clear and unambiguous criteria for the inclusion of industrial-scale manufacturing of ceramic products by firing within the scope of Directive 2010/75/EU should be laid down. Those criteria should correspond to the criteria laid down in Directive 2003/87/EC.

AddedRecital 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, 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, irrespective of their permitting or registration procedures, to large-scale rearing of animals under Annex Ia to this Directive. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 201677. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

RemovedRecital 37: (37) Although landfills are included within the scope of Directive 2010/75/EU, no BAT conclusions exist for landfills since that activity falls within the scope of Council Directive 1999/31/EC80 and the requirements of the latter Directive are deemed to constitute BAT. Due to the technical developments and innovation that have taken place since the adoption of Directive 1999/31/EC, more effective techniques for protecting human health and the environment are now available. Directive 1999/31/EC should therefore be amended, to ensure there is coherence with Directive 2010/75/EU.

AddedRecital 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 taking into consideration the ‘Value of Statistical Life’ (VSL) method, if appropriate, (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, and (v) the format to be used for transformation plans. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council78.

AddedRecital 31: (31) In order to ensure the effective implementation and enforcement of the obligations set out in Directive 2010/75/EU, it is necessary to specify the minimum content of effective, proportionate and dissuasive penalties. Disparities in penalties regimes, the fact that imposed penalties are deemed in many cases too low to truly have a deterrent effect on illegal behaviours, and the lack of uniform implementation across Member States, undermine the level playing field on industrial emissions throughout the Union. The Commission should support the Member States in the uniform implementation by adopting guidelines. Such guidelines should include the principle of compensating, as a priority, local communities in which the harm was caused. Member States should respect the provisions of the Charter of Fundamental Rights of the European Union, in particular the ne bis in idem principle and the proportionality principle. Account should be taken of Directive 2008/99/EC on the protection of the environment through criminal law where a detected infringement under this Directive constitutes an offence within the scope Directive 2008/99/EC.

AddedRecital 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, where appropriate, from the relevant competent authorities responsible for the infringement when a decision, act or omission of the authority caused or contributed to the damage. 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.

AddedRecital 32 a (new): (32a) In case of exceptional circumstances like the COVID-19 pandemic or the Russian war against Ukraine, where an installation faces a persistent interruption in the supply of raw materials or fuels or a disruption of an abatement technique’s elements due to force majeure, it could be necessary to temporarily set less strict emission or environmental performance limit values, while ensuring the overall protection of the environment .

AddedRecital 33: (33) It is therefore appropriate for Directive 2010/75/EU to address the right for compensation for damages suffered by individuals. To ensure that individuals can defend their rights against damages to health caused by violations of Directive 2010/75/EU and thereby ensure a more efficient enforcement of that Directive, non-governmental organisations promoting the protection of human health or the environment, including those promoting the protection of consumers and meeting any requirements under national law, as members of the public concerned, should be empowered to engage in proceedings, as the Member States so determine, either on behalf or in support of any victim, without prejudice to national rules of procedure concerning representation and defence before the courts. Member States enjoy procedural autonomy to ensure an effective remedy against violations of Union law, subject to the respect of the principles of equivalence and effectivity. Experience shows that while there is overwhelming epidemiologic evidence on the negative health impacts of pollution on the population, in particular as regards air, it is difficult for the victims of violations of Directive 2010/75/EU under the procedural rules to demonstrate a causality link between the suffered harm and the violation. As a result, in the majority of cases, victims of violations of Directive 2010/75/EU do not have an effective way to obtain compensation for the harm caused by such violations. To strengthen the rig…

AddedRecital 35: (35) The implementation of Directive 2010/75/EU has shown divergent applications across Member States concerning the coverage of installations for the manufacturing of ceramic products by firing, because the wording of the definition of this activity allowed Member States to decide whether to apply both or only one of the two criteria on production capacity and kiln capacity. With a view to ensuring a more consistent implementation of that Directive, as well as compliance with Directive 2003/87/EC and securing a level-playing field throughout the Union, clear and unambiguous criteria for the inclusion of industrial-scale manufacturing of ceramic products by firing within the scope of Directive 2010/75/EU should be laid down. Such criteria should correspond to the criteria laid down in Directive 2003/87/EC.

AddedRecital 36: (36) When setting emission limit values for polluting substances, the competent authority should consider all substances, including substances of emerging concern and olfactory pollution, which may be emitted from the concerned installation to air, soil, surface and ground water and may have a significant impact on the environment or human health. In doing so, the hazard characteristics, quantity and nature of the substances emitted and their potential to pollute any environmental media should be considered as well as seasonal environmeatal fluctuations, which should be also taken into account. The BAT conclusions, where relevant, are the reference point for selecting the substances for which emission limit values are to be set, although the competent authority may decide to select additional substances. Currently, individual polluting substances are listed in a non-exhaustive way in Annex II to Directive 2010/75/EU; which is not compatible with the holistic approach of that Directive and does not reflect the need for competent authorities to take into account all relevant polluting substances, including those of emerging concern. The non-exhaustive list of polluting substances should therefore be deleted. Instead, reference should be made to the list of pollutants in Annex II to Regulation (EC) No 166/200679.

AddedRecital 37: (37) Although landfills are included within the scope of Directive 2010/75/EU, no BAT conclusions exist for landfills since that activity falls within the scope of Council Directive 1999/31/EC80 and the requirements of the latter Directive are deemed to constitute BAT. Due to the technical developments and innovation that have taken place since the adoption of Directive 1999/31/EC, more effective techniques for protecting human health and the environment are now available. The adoption of BAT conclusions under Directive 2010/75/EU would allow addressing the key environmental issues related to the operation of waste landfills, including significant emissions of methane. Directive 1999/31/EC should therefore allow for the adoption of BAT conclusions on landfills under Directive 2010/75/EU. Directives 2010/75/EU and 1999/31/EC should therefore be amended accordingly.

Recital 38: deleted

Change 3

ChangedRecital 38 a (new): (38a) The procedures under Directive 2010/75/EU, including BAT preparation and national permit procedures, are considered by the industries involvedconcerned asto be too lengthy,lengthy and cause uncertainty for the public concerned, which is, to a large extent, due to insufficient administrative capacity. Therefore,In this respect, the significantconsiderable extension of the scope of Directive 2010/75/EU represents a further challenge for the Commission, the Forum under Article 13 and, especially, for the national competent authorities in this respect.authorities. The Commission should present an action plan for enhancing administrative capacity at Union and national level, thus enabling the acceleration of procedures provided for under the Directive, suchin asparticular for enabling technologies. The Commission should, furthermore, provide technical assistance to the Member States in complying with the new legislative and technical procedures, such asbyas by means of a uniform digital tool for applying for permits.

Change 4

ChangedRecital 38 b (new): (38b) From the entry into force of this amending act, Member States should take adequate measures to ensure that the competent authorities are able to handle the increased workload related to implementing Directive 2010/75/EU as amended by this Directive and ensure a swift efficient and smooth permitting process, in particular, in the case of fast-track permits for installations applying emerging techniques, thus, reducing the uncertainty for businessbusinesses to a minimum.minimum and supporting transformation towards a clean, circular and climate-neutral industry, while safeguarding the health and rights of the public concerned.

Directive 2010/75/EU

Change 5

RemovedArticle 1 – paragraph 1 – point 3 – point b, Article 3 – paragraph 1 – point 12: (12) ‘‘BAT conclusions’ means a document containing the parts of a BAT reference document laying down the conclusions on best available techniques, their description, information to assess their applicability, the emission levels associated with the best available techniques, consideration of cross-media effects, the environmental performance levels associated with the best available techniques, the minimum content of an environmental management system including non-confidential benchmarks associated with the best available techniques, associated monitoring, associated consumption levels and, where appropriate, relevant site remediation measures.

AddedArticle 1 – paragraph 1 – point 1, Article 1 – paragraph 2: It also lays down rules designed to prevent or, where that is not practicable, to continuously reduce emissions into air, water and land and to prevent the generation of waste, in order to achieve a high level of protection of human health and the environment taken as a whole.

Directive 2010/75/EU

Change 6

RemovedArticle 1 – paragraph 1 – point 3 – point c, Article 3 – paragraph 1 – point 13 a: (13a) environmental performance levels associated with the best available techniques’ means the range of environmental performance levels for processes that are highly homogeneous across the Union, except emission levels, obtained under normal operating conditions using a best available technique or a combination of best available techniques.

AddedArticle 1 – paragraph 1 – point 1, Article 1 – paragraph 2 a (new): In addition, it lays down rules designed to improve resource efficiency in order to reduce the use of water, energy, and raw materials.

Directive 2010/75/EU

Change 7

RemovedArticle 1 – paragraph 1 – point 3 – point c a (new), Article 3 – paragraph 1 – point 14 a (new): (ca) the following point (14a) is inserted: / (14a) “EU-50 technologies ” means transformative technologies that have a significant impact and enable one of the strategic objectives of the Union and especially the 2030 targets of Regulation (EU) 2021/1119 (European Climate Law) to be achieved in line with the existing best available techniques and emerging techniques.

AddedArticle 1 – paragraph 1 – point 3 – point -a (new), Article 3 – paragraph 1 – point 2: (-a) point 2 is replaced as follow: / "(2) ‘pollution’ means the direct or indirect introduction, as a result of human activity, of substances, vibrations, heat, noise or odours (‘olfactory pollution’) into air, water or land which may be harmful to human health or the quality of the environment, result in damage to material property, or impair or interfere with amenities and other legitimate uses of the environment;"

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

Directive 2010/75/EU

Change 8

RemovedArticle 1 – paragraph 1 – point 3 – point e, Article 3 – paragraph 1 – point 23c a (new): (23ca) ‘small-scale extensive farming’ means animal rearing in small and very small farms as laid down in national definitions, and is characterised by low levels of input per unit area of land;

AddedArticle 1 – paragraph 1 – point 3 – point -a a (new), Article 3 – paragraph 1 – point 2 a (new): (-aa) the following point is inserted: / (2a) ‘olfactory pollution’ means pollution produced by gaseous emissions in the atmosphere which may cause injuries to, or a condition of general significant unwellness or sickness in, persons living in the proximity of the installation.

Directive 2010/75/EU

Change 9

RemovedArticle 1 – paragraph 1 – point 3 – point e, Article 3 – paragraph 1 – point 23c b (new): (23cb) ‘small-scale family farming’ means animal rearing in small and very small or semi-subsistence farms as laid down in national definitions. Those definitions shall be based on the following criteria: self-ownership, partnership or family ownership of the livestockin which case the owner or the owner’s immediate family exclusively bears the business risk, combined with the owner or the owner’s immediate family, or both, carrying out a predominant share of the farm labour

AddedArticle 1 – paragraph 1 – point 3 – point a b (new), Article 3 – paragraph 1 – point 5 a (new): (ab) the following point is inserted: / (5a) ‘environmental performance limit value’ means the indicative environmental performance value within the binding range of environmental performance levels, including consumption levels, resource efficiency levels covering materials, water and energy resources, waste, and other levels obtained under specified reference conditions, where the range may not be exceeded during one or more periods of time.

Directive 2010/75/EU

Change 10

RemovedArticle 1 – paragraph 1 – point 3 – point e, Article 3 – paragraph 1 – point 23c c (new): (23cc) ‘organic farming’ means an overall system of farm management and food production that combines best environmental and climate action practices, a high level of biodiversity, the preservation of natural resources and the application of high animal welfare standards and high production standards in line with the demand of a growing number of consumers for products produced using natural substances and processes.

AddedArticle 1 – paragraph 1 – point 3 – point a c (new), Article 3 – paragraph 1 – point 9: (ac) point 9 is replaced by the following: / "(9) ‘substantial change’ means a change in the nature or functioning, an extension or an extension of duration of the permit of an installation or combustion plant, waste incineration plant or waste co-incineration plant which may have significant negative effects on human health or the environment;"

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

Directive 2010/75/EU

Change 11

RemovedArticle 1 – paragraph 1 – point 3 – point e, Article 3 – paragraph 1 – point 23c d (new): (23cd) ‘industrial-scale livestock rearing’ means rearing of poultry, pigs and cattle, which does not fall under the definitions laid down in points (23cc(new)) to (23d);

AddedArticle 1 – paragraph 1 – point 3 – point a d (new), Article 3 – paragraph 1 – point 10 – point b and c: (ad) points b and c of point 10 are replaced by the following: / "(b) ‘available techniques’ means those developed on a scale which allows implementation in the relevant industrial sector, under economically and technically viable conditions, taking into consideration the costs and advantages whether or not the techniques are used or produced inside the Union, as long as they are reasonably accessible to the operator; / (c) ‘best’ means most effective in achieving a high general level of protection of the environment as a whole, including human health and climate protection;"

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

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Change 12

RemovedArticle 1 – paragraph 1 – point 3 – point f, Article 3 – paragraph 1 – point 49 a (new): (49a) ‘construction minerals’ means minerals primarily used directly in construction or in the production of construction materials, their extraction and processing, and which have a low environmental impact, typically limited to emission of dust;

AddedArticle 1 – paragraph 1 – point 3 – point b, Article 3 – paragraph 1 – point 12: (12) ‘BAT conclusions’ means a document containing the parts of a BAT reference document laying down the conclusions on best available techniques, their description, information to assess their applicability, the emission levels associated with the best available techniques, the environmental performance levels associated with the best available techniques, the minimum content of an environmental management system including benchmarks associated with the best available techniques, emission levels associated with emerging techniques, environmental performance levels associated with emerging techniques, associated monitoring, associated consumption levels and, where appropriate, relevant site remediation measures;

Directive 2010/75/EU

Change 13

ChangedArticle 1 – paragraph 1 – point 3 – point f,c, Article 3 – paragraph 1 – point 50:13a: (50)(13a) ‘emission‘environmental performance levels associated with emergingthe best available techniques’ means the expectedbinding range of emissionenvironmental performance levels for installations within the same sectoral activities and having similar characteristics, such as energy carriers, raw materials, production units and final products, when the data made available in the exchange of information supporting the determination of BAT are sufficiently robust across the Union, which shall include consumption and resource efficiency levels, for BAT Conclusions following the first conclusion after [insert the end date for transposition of this amending Directive], reuse levels for water, energy, and raw materials, except emission levels, obtained under normal operating conditions using an emerginga techniqueBAT or a combination of emerging techniques,BATs as described in BAT conclusions, expressed as an average over a given period of time, under specified reference conditions;

Directive 2010/75/EU

Change 14

RemovedArticle 1 – paragraph 1 – point 3 – point f, Article 3 – paragraph 1 – point 51: (51) ‘environmental performance levels associated with emerging techniques 'means the range of environmental performance levels, except emission levels, obtained under normal operating conditions using an emerging technique or combination of emerging techniques for processes that are highly homogenous across the Union;

AddedArticle 1 – paragraph 1 – point 3 – point c a (new), Article 3 – paragraph 1 – point 13 a a (new): (ca) the following point is inserted: / (13aa) "Industrial Waste Water Treatment Plant" means a waste water treatment plant covered by Directive 2010/75/EU;

Directive 2010/75/EU

Change 15

ChangedArticle 1 – paragraph 1 – point 3 – point f,c b (new), Article 3 – paragraph 1 – point 53 a (new): (53a) ‘water reuse system’ means13 a water reuse system as defined in point 15 of Article 3 of Regulation (EU)b 2020/741(new): of(cb) the European Parliament andfollowing ofpoint theis Council1a;inserted: / 1a Regulation (EU) 2020/741 of the European(13ab) Parliament"Urban andWaste ofWater theTreatment CouncilPlant" ofmeans 25a Maywaste 2020water ontreatment minimumplant requirementscovered forby waterDirective reuse91/271/EEC;

Directive 2010/75/EU

Change 16

RemovedArticle 1 – paragraph 1 – point 3 – point f, Article 3 – paragraph 1 – point 53 b (new): (53b) ‘reclaimed water’ means reclaimed water as defined in point 4 of Article 3 of Regulation (EU) 2020/741;

AddedArticle 1 – paragraph 1 – point 3 – point c c (new), Article 3 – paragraph 1 – point 14: (cc) point 14 is replaced by the following: / "(14) ‘emerging technique’ means a novel technique for an industrial activity that, if commercially developed, could provide either a higher general level of protection of the environment and human health or at least the same level of protection of human health and the environment and higher cost savings than existing best available techniques;"

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

Directive 2010/75/EU

Change 17

RemovedArticle 1 – paragraph 1 – point 3 – point f, Article 3 – paragraph 1 – point 53 c (new): (53c) ‘water reuse’ means the process through which water is reclaimed from previous use and converted through a water reuse system into water that can be reused for a variety of purposes.

AddedArticle 1 – paragraph 1 – point 3 – point d a (new), Article 3 – paragraph 1 – point 23: (da) point (23) is replaced by the following: / ‘(23) ‘poultry' means poultry as defined in Article 4, point 9, of Regulation (EU) 2016/429 of the European Parliament and of the Council on transmissible animal diseases*;’; / * OJ L 084, 31.3.2016, p. 1

Directive 2010/75/EU

Change 18

RemovedArticle 1 – paragraph 1 – point 4, Article 4 – paragraph 1 – subparagraph 2: By way of derogation from the first subparagraph, Member States may set a procedure for the registration of installations for the production of hydrogen from water-electrolysis below a capacity of 18 tonnes per hour/50 MW of thermal input and installations covered only by Chapter V or Chapter VIa