Changes from report parliamentary committee draft to plenary report

Directive 2010/75/EU

Change 30

ChangedArticle 1 – paragraph 1 – point 6, Article 8 – paragraph 2 a– (new):subparagraph 2a.2: InWhere the eventbreach of athe breachpermit ofconditions complianceposes affectingan immediate danger to human health, drinking water resources,intake includingor transboundarythreatens resources,to orcause affectingan wasteimmediate watersignificant infrastructureadverse ineffect theupon casethe ofenvironment, anand indirectuntil discharge,compliance theis competentrestored authorityin shallaccordance informwith the drinkingfirst watersubparagraph, andpoints waste(b) waterand operators(c), affectedthe operation of the measuresinstallation, takencombustion toplant, preventwaste orincineration remedyplant, thewaste damageco-incineration causedplant toor humanrelevant healthpart andthereof theshall environment.be suspended without any delay.

Directive 2010/75/EU

Change 31

RemovedArticle 1 – paragraph 1 – point 7, Article 9 – paragraph 2: (7) In Article 9, paragraph 2 is replaced by the following: / (2) For activities listed in Annex I to Directive 2003/87/EC, Member States may choose not to impose requirements relating to energy efficiency in respect of combustion units or other units emitting carbon dioxide on the site, only where those installations are covered by the obligation to conduct an energy audit and implement an energy management system pursuant to Article 8 of Directive 2012/27/EU (EED) or the operator implements equivalent measures.

AddedArticle 1 – paragraph 1 – point 6, Article 8 – paragraph 2 a (new): 2a. In the event of a breach of compliance affecting drinking water resources, including transboundary resources, or affecting wastewater infrastructure in the case of an indirect discharge, the competent authority shall inform the drinking water and wastewater operators, and all relevant authorities that ensure compliance with environmental legislation affected, including transboundary authorities, of the breach and the measures taken to prevent or remedy the damage caused to human health and the environment.

Directive 2010/75/EU

Change 32

RemovedArticle 1 – paragraph 1 – point 8, Article 11 – paragraph 1 – point f b: (fb) the overall life-cycle environmental performance of the supply chain is taken into account to the extent required by Regulation (EU) No 537/2014 as regards corporate sustainability reporting and other relevant Union legislation, if applicable;

AddedArticle 1 – paragraph 1 – point 6, Article 8 – paragraph 3: Where the breach of the permit conditions continues to cause a danger to human health or a a significant adverse effect upon the environment, and where the necessary action for restoring compliance identified in the inspection report referred to in Article 23(6) have not been implemented, the operation of the installation, combustion plant, waste incineration plant, waste co-incineration plant or relevant part thereof shall be suspended by the competent authority until compliance with the permit conditions is restored.

Directive 2010/75/EU

Change 33

RemovedArticle 1 – paragraph 1 – point 8 a (new), Article 11 – paragraph 1 a (new): (8a) In Article 11, the following paragraph is added: / To support the Member States in taking the measures referred to in paragraph 1, the Technical Working Group of the European Integrated Pollution Prevention and Control Bureau (EIPPCB) shall evaluate the principles of energy efficiency referred to in point (f) and those listed in points (fa) and (fb), and shall advise the permitting authorities on prioritisation in case, for instance, of cross-media effects in order to facilitate compliance with this Article;

AddedArticle 1 – paragraph 1 – point 6, Article 8 – paragraph 3 a (new): 3a. The suspension referred to in paragraphs 2 and 3 of this Article shall be enforced in an effective manner and shall not be postponed or ceased by any means, including if the operator challenges the suspension decision through any administrative or judicial means, unless there is a definitive judicial decision concluding that the operation can be resumed.

Directive 2010/75/EU

Change 34

RemovedArticle 1 – paragraph 1 – point 8 b (new), Article 12 – paragraph 1 – subparagraph 1 – point k a (new): (8b) In Article 12 (1), the following point is added in the first subparagraph: / (ka) any request for a fast-track procedure under Art. 5, if applicable, along with a detailed justification.

AddedArticle 1 – paragraph 1 – point 6, Article 8 – paragraph 3 b (new): 3b. In the event of any breach of the permit conditions affecting human health or the environment in another Member State, the Member State in whose territory the breach of the permit conditions has occurred shall ensure that the competent authority of the other Member State is informed via the established communication channels as referred to in Article 26(5).

Directive 2010/75/EU

Change 35

RemovedArticle 1 – paragraph 1 – point 9 – point a, Article 13 – paragraph 1: 1. In order to draw up, review and, where necessary, update BAT reference documents, the Commission shall organise an exchange of information between Member States, the industries concerned, non-governmental organisations promoting environmental protection, the European Chemicals Agency and the Commission. The European Chemicals Agency shall act as an observer of the process, only providing scientific technical input for updating documents, and shall not have a role in the decision making process.

AddedArticle 1 – paragraph 1 – point 7, Article 9 – paragraph 2: (7) In Article 9, paragraph 2 is replaced by the following: / For activities listed in Annex I to Directive 2003/87/EC, Member States may choose not to impose requirements relating to energy efficiency in respect of combustion units or other units emitting carbon dioxide on the site, only where those installations are covered by the obligation to conduct an energy audit or implement an energy management system pursuant to Article 11 of Directive 2012/27/EU (EED) and if the recommendations of the audit report are implemented and/or if the certified energy management system is implemented. Pursuant to the audit referred to in Article 14a, the environmental verifier shall inform the competent authority in case the recommendation as referred to in this Article is not implemented.

Directive 2010/75/EU

Change 36

ChangedArticle 1 – paragraph 1 – point 9 – point a7 a (new), Article 1311 – paragraph 21 – point b: (aa)c: In(7a) Article 13(2),11, point (b)(c) is replaced as follows: / (b) the techniques used, associated monitoring, cross-media effects, includingby the interplay between pollutant emissionsfollowing: and/ GHG"(c) emissions,no economicsignificant andpollution technicalis viabilitycaused, andincluding developmentsolfactory therein;pollution;"

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Directive 2010/75/EU

Change 37

ChangedArticle 1 – paragraph 1 – point 9 – point a7 b (new), Article 1311 – paragraph 21 – point c a (new):f: (ab)(7b) In Article 13(2), the following11, point is(f) inserted:is /replaced (ca)by the relevance and justifiability of anyfollowing: fast-track/ requests"(f) underenergy Articleis 5used (4a)efficiently and (4c)the use and Articleproduction 27e,of maderenewable byenergy theis participants.promoted;"

Added(32010L0075)

Directive 2010/75/EU

Change 38

RemovedArticle 1 – paragraph 1 – point 9 – point b, Article 13 – paragraph 2 – subparagraph 2: Without prejudice to Union competition law, information considered as confidential business information or commercially sensitive information shall only be shared with the Commission and with the following individuals having signed a confidentiality and non-disclosure agreement: civil servants and other public employees representing Member States or Union agencies, and representatives of non-governmental organisations promoting the protection of human health or the environment. The exchange of information considered as confidential business information or sensitive commercial information shall remain limited to what is required to draw up, review and, where necessary, update BAT reference documents, and such confidential business information or sensitive commercial information shall not be used for other purposes. Regulation (EC) No. 1049/2001, Regulation (EC) No. 1367/2006 and Directive 2003/4/EC shall apply to any request for access to information held by an authority pursuant to the exchange referred to in Article 13(1) of this Directive.

AddedArticle 1 – paragraph 1 – point 8, Article 11 – paragraph 1 – point fa: (fa) material resources and water are used efficiently, including through re-use and recycling;

Directive 2010/75/EU

Change 39

RemovedArticle 1 – paragraph 1 – point 9 – point b a (new), Article 13 – paragraph 3 – subparagraph 2 – point d: (ba) In Article 13 (3), point (d) is replaced as follows: / (d) guidance on the drawing up of BAT reference documents and on their quality assurance including the suitability of their content and format as well as a clear indication of the appropriate instrument, such as benchmarks or limit values, for the purpose of environmental performance.

AddedArticle 1 – paragraph 1 – point 8, Article 11 – paragraph 1 – point fb: deleted

Directive 2010/75/EU

Change 40

RemovedArticle 1 – paragraph 1 – point 9 – point b b (new), Article 13 – paragraph 5: (bb) In Article 13, paragraph 5 is replaced as follows: / 5. The exchange of information for the preparation, review and, if necessary, updating, of a BREF document shall not exceed a period of three years. The opinion of the forum referred to in paragraph 3 on the proposed content of a BREF shall be submitted within 6 months of the final meeting of the expert group responsible for the revision of the BREF. / Decisions on the BAT conclusions shall be adopted in accordance with the regulatory procedure referred to in Article 75(2) six months after submission of the opinion by the forum.

AddedArticle 1 – paragraph 1 – point 8 a (new), Article 11 – paragraph 1 – point g: (8a) In Article 11, (1), point (g) is replaced by the following: / "(g) the necessary measures are taken to protect human health, prevent accidents, and limit their consequences;"

Added(32010L0075)

Directive 2010/75/EU

Change 41

RemovedArticle 1 – paragraph 1 – point 9 – point b c (new), Article 13 – paragraph 7: (bc) In Article 13, paragraph 7 is replaced as follows: / 7. Pending the adoption of a relevant decision in accordance with paragraph 5, the conclusions on best available techniques from BAT reference documents adopted by the Commission prior to the date referred to in Article 83 shall apply as BAT conclusions for the purposes of this Chapter.

AddedArticle 1 – paragraph 1 – point 8 b (new), Article 12 – paragraph 1 – point b: (8b) In Article 12, (1), point b is replaced b the following: / "(b) the raw and auxiliary materials, other substances, the energy and water used in or generated by the installation;"

Added(32010L0075)

Directive 2010/75/EU

Change 42

RemovedArticle 1 – paragraph 1 – point 10 – point a – point iii, Article 14 – paragraph 1 – subparagraph 2 – point a a: (aa) environmental performance limit values, if applicable;

AddedArticle 1 – paragraph 1 – point 8 c (new), Article 12 – paragraph 1 – point c: (8c) In Article 12, (1), point c is replaced by the following: / "(c) the sources of emissions from the installation, including olfactory emissions;"

Added(32010L0075)

Directive 2010/75/EU

Change 43

RemovedArticle 1 – paragraph 1 – point 11, Article 14a – paragraph 1 – subparagraph 1: Member States shall require the operator to prepare and implement, for each installation, including, pursuant to Article 4(2), for jointly covered installations by the permit, falling within the scope of this Chapter, an environmental management system (‘EMS’). The level of detail and the degree of formalization of the EMS shall correspond to the nature, scale and complexity of the site and the installations the EMS relates to, and the range of environmental impacts it may have. The EMS shall comply with the provisions included in relevant BAT conclusions that determine aspects to be covered in the EMS, based on the standardised text decided by the forum provided for in Article 13.

AddedArticle 1 – paragraph 1 – point 8 d (new), Article 12 – paragraph 1 – point f: (8d) In Article 12(1), point f is replaced by the following: / "(f) the nature and quantities of foreseeable emissions, including olfactory emissions as concentrations, and where possible, at least for water, in loads, from the installation into each medium as well as identification of significant effects of the emissions on the environment;"

Added(32010L0075)

Directive 2010/75/EU

Change 44

RemovedArticle 1 – paragraph 1 – point 11, Article 14a – paragraph 1 a (new): 1a. An EMS shall be based on internationally accepted corporate reporting standards, such as EN ISO 14001/50001 or those provided for in EMAS regulation. The EMS shall be reviewed periodically to ensure that it continues to be suitable, adequate and effective.

AddedArticle 1 – paragraph 1 – point 9 – point a, Article 13 – paragraph 1: 1. In order to draw up, review and, where necessary, update BAT reference documents, the Commission shall organise an exchange of information between Member States, the industries concerned, non-governmental organisations promoting human health and environmental protection, the European Chemicals Agency, the European Environmental Agency, and the Commission.

Directive 2010/75/EU

Change 45

RemovedArticle 1 – paragraph 1 – point 11, Article 14a – paragphaph 2 – introductory part: 2. In cases where no EMS is included in BAT conclusions, the EMS shall include at least the following non-confidential information:

AddedArticle 1 – paragraph 1 – point 9 – point a a (new), Article 13 – paragraph 1 a (new): aa. the following paragraph is inserted: / 1a. The Commission shall, by the end date for transposition of this Directive amend Implementing Decision 2012/119/EU and provide both the Seville technical working group and the Forum referred to in Article 13 of this Directive with the necessary resources, and shall adapt their structure, competences and financing in line with the extension of scope of this Directive.

Directive 2010/75/EU

Change 46

RemovedArticle 1 – paragraph 1 – point 11, Article 14a – paragraph 2 – point b: (b) indicative objectives and performance indicators in relation to significant environmental aspects, which shall take into account benchmarks set out in the relevant BAT conclusions.

AddedArticle 1 – paragraph 1 – point 9 – point b, Article 13 – paragraph 2 – subparagraph 2: By way of derogation from Article 3a , and without prejudice to Union competition law, information considered as confidential business information or commercially sensitive information shall only be shared with the Commission. This information shall be anonymised, not referring to a particular operator or installation, before being shared with the following individuals having signed a confidentiality, and non-disclosure agreement: civil servants and other public employees representing Member States or Union agencies, representatives of non-governmental organisations promoting the protection of human health or the environment and representatives of associations representing the relevant industrial sectors. The exchange of information considered as confidential business information or sensitive commercial information shall remain limited to what is technically required to draw up, review and, where necessary, update BAT reference documents, and such confidential business information or sensitive commercial information shall not be used for other purposes. The Commission shall adopt an implementing act providing the model for the confidentiality and non-disclosure agreement enabling the exchange of information in accordance with this paragraph.

Directive 2010/75/EU

Change 47

RemovedArticle 1 – paragraph 1 – point 11, Article 14a – paragraph 2 – point d: (d) a chemicals inventory of the relevant hazardous substances present in the installation as such, as constituents of other substances or as part of mixtures, a risk assessment of the impact of such substances on human health and the environment or a reference to existing company documents, including that information, such as that included as part of a REACH registration or required by Council Directive 89/391/EEC1a; / ______________- / 1a Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work

AddedArticle 1 – paragraph 1 – point 9 – point b a (new), Article 13 – paragraph 3 – subparagraph 1: (ba) in paragraph 3, the first subparagraph is replaced by the following: / "The Commission shall establish and regularly convene a balanced forum composed of representatives of Member States, the industries concerned and non-governmental organisations promoting the protection of human health or the environment."

Added(32010L0075)

Directive 2010/75/EU

Change 48

RemovedArticle 1 – paragraph 1 – point 11, Article 14a – paragraph 2 – point e: (e) measures taken to achieve the indicative environmental objectives and avoid risks for human health or the environment or a reference to existing company documents that includethat information, including corrective and preventive measures where needed;