Changes from report parliamentary committee draft to plenary report

AddedArticle 1 – paragraph 1 – point 3 – point e, Article 3 – paragraph 1 – point 23c a (new): (23ca) ‘Operating rules‘ means the rules for registrations or included in permits or general binding rules for the registration or permit for the operation of activities referred to in Annex Ia, containing the emission limit values, the environmental performance limit values, associated monitoring requirements, and where relevant land spreading practices, pollution prevention and mitigation practices, nutritional management, feed preparation, housing, manure management (collection, storage, processing, land spreading) and storage of dead animals, which are consistent with the use of best available techniques and other relevant measures consistent with Annex III.

Directive 2010/75/EU

Change 19

RemovedArticle 1 – paragraph 1 – point 5, Article 5 – paragraph 4 – subparagraph 1 – introductory part: Member States shall ensure that non-confidential information included in the permits granted pursuant to this Article are made available on the Internet, free of charge and without restricting access to registered users. In addition, a summary of each permit shall be made available to the public under the same conditions. That summary shall include at least the following:

AddedArticle 1 – paragraph 1 – point 3 – point e, Article 3 – paragraph 1 – point 23c b (new): (23cb) ‘extensive farming’ refers to a type of animal rearing characterised by low levels of input per unit area of land, based on extensive practices, with livestock unit density equal to or less than 2.0 LSU per hectare (LSU/ha density) used for grazing, or based on farming practices certified in accordance with Directive 2018/848 of the European Parliament and of the Council of 30 May 2018 on organic production and labelling of organic products, with livestock unit density equal to or less than 2.0 LSU per hectare (LSU/ha density) used for grazing or foraging, or rearing practices where livestock is subject to transhumance practices at least 180 days per year or as long as climatic conditions allow, in particular in alpine regions.

Directive 2010/75/EU

Change 20

RemovedArticle 1 – paragraph 1 – point 5, Article 5 – paragraph 4 – subparagraph 1 – point b: (b) the emission limit values and environmental performance limits values, if applicable;

AddedArticle 1 – paragraph 1 – point 3 – point f, Article 3 – paragraph 1 – point 48: deleted

Directive 2010/75/EU

Change 21

RemovedArticle 1 – paragraph 1 – point 5, Article 5 – paragraph 4 – subparagraph 2: The Commission shall adopt an implementing act to establish the format to be used for the summary referred to in the second subparagraph. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 75(2). Upon adoption and publication of the implementing act, the requirement for a permit summary as set out in the first subparagraph of this paragraph shall apply.

AddedArticle 1 – paragraph 1 – point 3 – point f, Article 3 – paragraph 1 – point 49: deleted

Directive 2010/75/EU

Change 22

RemovedArticle 1 – paragraph 1 – point 5, Article 5 – paragraph 4 a (new): 4a. Member States shall develop rules for the granting of a permit in a shorter time frame than the current practices in the Member States for EU-50 technologies used by the installation in accordance with Article 27, , based on the conclusions of the exchange under Article 13(2 - d -new) on a fast-track procedure. Member States shall ensure that the duration of the procedure for the granting of permits for EU-50 technologies referred to in this Article does not exceed 18 months. However, Member States may, where extraordinary circumstances so require, extend that period by up to 12 months. In such a case, Member States shall clearly inform the operator about the extraordinary circumstances that justify the need for an extension.

AddedArticle 1 – paragraph 1 – point 3 – point f, Article 3 – paragraph 1 – point 50: (50) ‘emission levels associated with emerging techniques’ means the range of emission levels obtained under normal operating conditions using an emerging technique or a combination of emerging techniques, as described in BAT conclusions, expressed as an average over a given period of time, under specified reference conditions;

Directive 2010/75/EU

Change 23

RemovedArticle 1 – paragraph 1 – point 5, Article 5 – paragraph 4 b (new): 4b. Member States shall set up or designate one or more EU-50 contact points. Those contact points shall, upon request by the applicant or the operator, provide guidance on, and facilitate the entire administrative permit application and granting process. The applicant/operator shall not be required to contact more than one contact point for the entire permit application and granting process. The contact point shall verify that deadlines for the “fast-tracking” permit-granting procedures are respected and report to the Commission in the event of significant delays. Applicants shall submit permit applications in a uniform digital form for the entire Union. By [OJ: please insert the date 12 months from entry into force of this Directive] Member States shall ensure that all procedures, concerning the application or granting of EU-50 permits are carried out in an electronic format.

AddedArticle 1 – paragraph 1 – point 3 – point f, Article 3 – paragraph 1 – point 51: (51) ‘environmental performance levels associated with emerging techniques’ means the indicative range of environmental performance levels, except emission levels, including consumption levels of materials, water and energy, obtained under normal operating conditions using an emerging technique or a combination of emerging techniques, for installations within the same sectoral activities and having similar characteristics, such as energy carriers, raw materials, production units and final products, expressed as an average over a given period of time, under specified reference conditions;

Directive 2010/75/EU

Change 24

RemovedArticle 1 – paragraph 1 – point 5, Article 5 – paragraph 4 c (new): 4c. The rules referred to in paragraphs 4a and 4b shall also apply where an operator applies for a permit covering more than one installation under Article 4(2), as well as in the case provided for in Article 20(3a-new)

AddedArticle 1 – paragraph 1 – point 3 – point f, Article 3 – paragraph 1 – point 53 – point a: (a) consumption levels of energy and water ;

Directive 2010/75/EU

Change 25

RemovedArticle 1 – paragraph 1 – point 6, Article 7 – paragraph 1 a (new): In the event of pollution affecting drinking water resources, including transboundary resources, or affecting waste water infrastructure in the case of indirect discharge, the competent authority shall inform the drinking water and wastewater operators affected of the measures taken to prevent or remedy damage caused by that pollution to human health and the environment.

AddedArticle 1 – paragraph 1 – point 3 – point f, Article 3 – paragraph 1 – point 53 – point b: (b) efficiency levels of water, energy, and raw materials; reuse levels of water, energy, and raw materials;

Directive 2010/75/EU

Change 26

RemovedArticle 1 – paragraph 1 – point 6, Article 7 – paragraph 2: In the event of any incident or accident significantly affecting human health or the environment in another Member State, the Member State in whose territory the accident or incident has occurred shall ensure that the competent authority of the other Member State is immediately informed. Transboundary and multidisciplinary cooperation between the affected Member States shall aim at limiting the consequences for the environment and human health and to prevent further possible incidents or accidents.

AddedArticle 1 – paragraph 1 – point 3 – point f, Article 3 – paragraph 1 – point 53 – point f: (e) waste and other levels obtained under specified reference conditions as described in BAT conclusions, expressed as an average over a given period of time.

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

Directive 2010/75/EU

Change 27

AddedArticle 1 – paragraph 1 – point 3 – point f, Article 3 – paragraph 1 – point 53 a (new): (53a) ‘water reuse system’ means the infrastructure and other technical elements necessary for producing, supplying and using reclaimed water; it comprises all the elements from the starting point of the production process to the point where reclaimed water is used, including distribution and storage infrastructure, where relevant;

AddedDirective 2010/75/EU

AddedArticle 1 – paragraph 1 – point 3 – point f, Article 3 – paragraph 1 – point 53 b (new): (53b) 'reclaimed water’ means water that has been reclaimed from previous uses and is reused for a different beneficial purpose;

AddedDirective 2010/75/EU

AddedArticle 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;

AddedDirective 2010/75/EU

AddedArticle 1 – paragraph 1 – point 3 a (new), Article 3 a (new): (3a) The following Article 3a is inserted: / Article 3a / Confidential business information / 1. In accordance with Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC and with Directive (EU) 2016/943 of the European Parliament and of the Council, only non-confidential information shall be made publicly available under the provisions of this Directive. / 2. Irrespective of who publishes the information, Member States shall ensure that the operators are given an opportunity before publication to request in a proportionate manner the confidential treatment of relevant elements and within a reasonable and clearly defined period by the competent authority. Information may be redacted, or if that is not possible, excluded in the case of confidential business information. / 3. No later than one month after a request made pursuant to paragraph 2, the competent authority shall assess the request and notify the operator on its decision. If no agreement is reached, the operator may challenge the decision in the competent judicial or administrative authority of the Member State no later than one month after the decision of the competent authority. / 4. If the operator requests confidential treatment, the competent authority shall only suspend the publication of the contested elements until an agreement with the competent authorities is reached or final decision by th…

AddedDirective 2010/75/EU

AddedArticle 1 – paragraph 1 – point 4 a (new), Article 5 – paragraph 2: (4a) In Article 5, paragraph 2 is replaced by the following: / "2. Member States shall take the measures necessary to ensure that the conditions of, and the procedures for the granting of, the permit are fully coordinated where more than one competent authority or more than one operator is involved or more than one permit is granted. In order to guarantee an effective integrated approach by all authorities competent for this procedure, an electronic permitting system shall be put in place."

Added(32010L0075)

AddedDirective 2010/75/EU

AddedArticle 1 – paragraph 1 – point 5, Article 5 – paragraph 4 – subparagraph 1 – point a: (a) an overview of the main permit conditions, including emissions monitoring requirements;

AddedDirective 2010/75/EU

AddedArticle 1 – paragraph 1 – point 5, Article 5 – paragraph 4 – subparagraph 2: By 31 December 2024, the Commission shall adopt an implementing act to establish the format to be used for the summary referred to in the second subparagraph and guidelines on the publication of the permits as referred to in the first subparagraph. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 75(2).

AddedDirective 2010/75/EU

AddedArticle 1 – paragraph 1 – point 5, Article 5 – paragraph 4 a (new): 4a. By 31 December 2024, Member States shall submit to the Commission an assessment on the measures needed due to the changes of this Directive, including a prognosis and estimations of the accrued workload of the competent authorities in order to ensure they have proper administrative capacity to provide a timely, efficient and smooth permitting process.

AddedDirective 2010/75/EU

AddedArticle 1 – paragraph 1 – point 5, Article 5 – paragraph 4 b (new): 4b. Without prejudice to other relevant Union law, Member States shall ensure that the process for granting fast-track permits for installations applying an emerging technique related to the main activity of the installation in accordance with Article 27c, does not exceed 18 months, unless exceptional circumstances arise. / If an extension of up to six months is necessary, the Member State shall inform the operator about the exceptional circumstances that justify the extension. / Competent authorities shall complete the processing of the permit applications no later than 90 days after receipt. / Within 90 days of the applicant submitting a respective request, the competent authority shall issue an opinion on the scope and level of detail of information to be included in the environmental impact assessment. If other Union legislation also requires an assessment of the effects on the environment, the national competent authority shall provide coordinated and joint procedures that meet the requirements of that Union legislation. / Within 12 months of the operator submitting a permit request, competent authorities shall complete the public consultation part of the environmental impact assessment of the project.

AddedDirective 2010/75/EU

AddedArticle 1 – paragraph 1 – point 5, Article 5 – paragraph 4 c (new): 4c. The rules referred to in paragraph 4a shall also apply where an operator applies for a permit covering more than one installation under Article 4(2).

AddedDirective 2010/75/EU

AddedArticle 1 – paragraph 1 – point 5 a (new), Article 6 – paragraph 2: (5a) In Article 6, paragraph 2 is replaced by the following: / "Where general binding rules are adopted, the permit may include a reference to such rules. When adopting general binding rules, Member States shall ensure an integrated approach and a high level of environmental protection equivalent to that achievable with individual permit conditions."

Added(32010L0075)

AddedDirective 2010/75/EU

AddedArticle 1 – paragraph 1 – point 6, Article 7 – paragraph 1 a (new): In the event of pollution affecting drinking water resources, including transboundary resources, or affecting wastewater infrastructure in the case of indirect discharge, the competent authority shall inform the drinking water and wastewater operators affected, including transboundary wastewater operators, of the measures taken to prevent or remedy the damage caused by that pollution to human health and the environment.

AddedDirective 2010/75/EU

AddedArticle 1 – paragraph 1 – point 6, Article 7 – paragraph 2: In the event of any incident or accident significantly affecting human health or the environment in another Member State, the Member State in whose territory the accident or incident has occurred shall ensure that the competent authority of the other Member State is immediately informed via the established communication channels as referred to in Article 26(5). Transboundary and multidisciplinary cooperation between the affected Member States shall aim at limiting the consequences on the environment and human health and to prevent further possible incidents or accidents.

AddedDirective 2010/75/EU

Article 1 – paragraph 1 – point 6, Article 8 – title: Compliance

Directive 2010/75/EU

Change 28

ChangedArticle 1 – paragraph 1 – point 6, Article 8 – paragraph 1 – subparagraph 2: They shall also adopt compliance assurance measures to promote, monitor and enforce compliance with obligations placed on natural or legal persons under this Directive at the latest 3 years after the transposition of this Directive.Directive*.

Directive 2010/75/EU

Change 29

ChangedArticle 1 – paragraph 1 – point 6, Article 8 – paragraph 2 – subparagraph 1 – introductory part: In the event of a severe breach of the permit conditions,conditions resulting from this Directive,. Member States shall ensure that: