Changes from report parliamentary committee draft to plenary report

AddedArticle 1 – paragraph 1 – point 9 – point b b (new), Article 13 – paragraph 3 – subparagraph 2 – point d: (bb) paragraph (3), point (d) is replaced by the following: / "(d) guidance on the drawing up of BAT reference documents, including on cross media effects, taking into consideration increased legislative ambition on decarbonisation and energy independence, and on their quality assurance including the suitability of their content and format as well as an indication of the appropriate instrument, such as benchmarks or environmental performance levels, taking into account the recommendations of the technical working group."

Added(32010L0075)

Directive 2010/75/EU

Change 49

RemovedArticle 1 – paragraph 1 – point 11, Article 14a – paragraph 3 a (new): 3a. Information that is subject to mandatory reporting under other relevant Union legislation shall not be required under the EMS. Where such reporting is not public or reporting is required at company level, rather than installation level, a reference to the non-confidential parts of the respective reports shall be included in reporting under the EMS.

AddedArticle 1 – paragraph 1 – point 9 – point b c (new), Article 13 – paragraph 5: (bc) paragraph 5 is replaced by the following: / "5. The exchange of information for the preparation, review and, if necessary, updating, of a BREF document shall not exceed a period of four 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). BAT reference documents shall be reviewed and, where necessary updated, at least every 8 years."

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

Directive 2010/75/EU

Change 50

RemovedArticle 1 – paragraph 1 – point 11, Article 14a – paragraph 3 b (new): 3b. In cases where an EMS is included in a BAT conclusion but the EMS does not cover elements set out in Article 14a(2), points (a) to (e), the forum referred to in Article 13 shall justify why those elements are not covered and record it in the BAT conclusion.

AddedArticle 1 – paragraph 1 – point 9 – point b d (new), Article 13 – paragraph 6: (bd) paragraph 6 is replaced by the following: / "6. After the adoption of a decision in accordance with paragraph 5, the Commission shall within one month make the BAT reference document and the BAT conclusions publicly available on an easy to find webpage. The BAT conclusion shall be published in all the official languages of the Union and shall be made available online on the Industrial Emissions Portal."

Added(32010L0075)

Directive 2010/75/EU

Change 51

RemovedArticle 1 – paragraph 1 – point 12, Article 15 – paragraph 3 – subparagraph 1: Without prejudice to Article 21 (3) and (5), and subject to the publication of new or amended BAT conclusions after the transposition of this Directive and taking into account Commission Implementing Decision 2012/119/EU (“The BREF Guidance”) the competent authority shall set the strictest possible emission limit values that are consistent with the lowest emissions achievable by applying BAT in the installation. Those limit values shall take into account the balance between heterogeneous emissions at the installation, as well as the balance between pollutant emissions and GHG emissions, and to ensure that, under normal operating conditions, emissions do not exceed the emission levels associated with the best available techniques (BAT-AELs) as laid down in the decisions on BAT conclusions referred to in Article 13(5). The emission limit values shall be based on an assessment by the operator of the whole BAT-AEL range. The competent authorities shall assess any non-feasibility claims by the operator when it comes to meeting the lowest possible emission limit within the BAT-AEL range. The conclusion of such an assessment of the competent authority shall reflect the optimal performance the installation can achieve under standard operating conditions by applying BAT as described in BAT conclusions, while taking into account fluctuations of the performance of the best available techniques and the circumstances where the installation operates at the highest end of the emission value…

AddedArticle 1 – paragraph 1 – point 10 – point a – point i a (new), Article 14 – paragraph 1 – subparagraph 1 a (new): (ia) the following subparagraph is inserted after the first subparagraph: / When an industrial installation discharges wastewater directly or indirectly into surface water, drinking water and wastewater operators shall be consulted, prior to the granting of the permit, on the potential consequences of emissions on their infrastructure and the protection of human health and the environment. The authorities shall take that information duly into account when defining the permit conditions. Such procedure shall not delay the granting of the permit unduly.

Directive 2010/75/EU

Change 52

RemovedArticle 1 – paragraph 1 – point 12, Article 15 – paragraph 3a: 3a. Subject to the publication of new or amended BAT conclusions under this Directive, and after its transposition taking into account Commission Implementing Decision 2012/119/EU(“The BREF Guidance”), the competent authority may also set environmental performance limit values that ensure that, under normal operating conditions, such performance limits values do not exceed the environmental performance levels associated with BATs as laid down in the decisions on BAT conclusions referred to in Article 13(5) considering the cross-media effects in installations with heterogeneous emissions and the balance thereof, as well as the balance between pollutant emissions, energy efficiency and GHG emissions.

AddedArticle 1 – paragraph 1 – point 10 – point a – point ii, Article 14 – paragraph 1 – subparagraph 2 – point a: (a) emission limit values for polluting substances listed in Annex II of Regulation (EC) No 166/2006*, and for other polluting substances, in particular odour emissions and substances of very high concern in Annex XIV to Regulation (EC) No 1907/2006, designated as priority substances under Directives 2000/60/EC or 2008/105/EC, on the watch lists established in the framework of Directives 2006/118/EC or 2008/105/EC, or other substances that are subject to limit values or other restrictions under Directives 2008/50/EC, 2004/107/EC or 2006/118/EC, until the adoption of the delegated act expanding Annex II to the Industrial Emissions Portal Regulation, which are likely to be emitted from the installation concerned in significant quantities having regard to their nature and their potential to transfer pollution from one medium to another, take into account seasonal environmental fluctuations;

Directive 2010/75/EU

Change 53

RemovedArticle 1 – paragraph 1 – point 12, Article 15 – paragraph 4 – subparagraph 1 – introductory part: By way of derogation from paragraph 3 and 3a, and without prejudice to Article 18, the competent authority may, in specific cases, set less strict emission limit values or environmental performance limit values (EPLVs). Such derogation may apply only where an assessment shows that the achievement of emission levels or EPLVs associated with the best available techniques as described in BAT conclusions would lead to disproportionately higher costs compared to the environmental benefits due to:

AddedArticle 1 – paragraph 1 – point 10 – point a – point iii, Article 14 – paragraph 1 – subparagraph 2 – point a a: (aa) environmental performance limit values, as referred to in Article 3 and Article 15 (3a);

Directive 2010/75/EU

Change 54

RemovedArticle 1 – paragraph 1 – point 12, Article 15 – paragraph 4 – subparagraph 1 – point b: (b) the technical characteristics of the installation concerned;

AddedArticle 1 – paragraph 1 – point 10 – point a – point iv, Article 14 – paragraph 1 – subparagraph 2 – point b: (b) appropriate requirements ensuring protection of the soil, groundwater and surface water, and measures concerning the monitoring and management of waste generated by the installation, with specific attention given to the production of drinking water;

Directive 2010/75/EU

Change 55

RemovedAarticle 15 – paragraph 4 – subparagraph 1 – point b a (new)

AddedArticle 1 – paragraph 1 – point 10 – point a – point v, Article 14 – paragraph 1 – subparagraph 2 – point ba: (ba) appropriate requirements laying down the general characteristics for an environmental management system in accordance with Article 14a;

RemovedArticle 1 – paragraph 1 – point 12: (ba) an agreed closure plan in line with the deadlines set out in Member States’ national climate and energy plans or in companies’ plans; or

Directive 2010/75/EU

Change 56

RemovedArticle 1 – paragraph 1 – point 12, Article 15 – paragraph 4 – subparagraph 1 – point b b (new): (bb) the investment cycle related to the sustainability transition of the operator’s group.

AddedArticle 1 – paragraph 1 – point 10 – point a – point vi a (new), Article 14 – paragraph 1 – subparagraph 2 – point c – subpoint ii a (new): (via) in point (c), the following subpoint (ii a new) is added: / (ii a) requirements for quality control of laboratories performing the monitoring, based on international standards such as ISO 17025.

Directive 2010/75/EU

Change 57

RemovedArticle 1 – paragraph 1 – point 12, Article 15 – paragraph 4 – subparagraph 6: The Commission shall adopt an implementing act, to establish standardised methodology for assessing the disproportionality between the costs of implementation of the BAT conclusions and the potential environmental benefits referred to in the first subparagraph and considering the investment cycle related to the sustainability transition of the operator's group, based on exchanges in the framework of the forum under Article 13 and pursuant to Article 75(2).

AddedArticle 1 – paragraph 1 – point 10 – point a – point vii a (new), Article 14 – paragraph 1 – subparagraph 2 – point e: (vii a) point e is replaced by the following: / "(e) appropriate requirements for the regular maintenance and surveillance of measures taken to prevent emissions to soil, surface and groundwater pursuant to point (b) and appropriate requirements concerning the periodic monitoring of soil, surface and groundwater in relation to relevant hazardous substances likely to be found on site and having regard to the possibility of soil, surface and groundwater contamination at the site of the installation;"

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

Directive 2010/75/EU

Change 58

RemovedArticle 1 – paragraph 1 – point 15, Article 18 – paragraph 1: Where an environmental quality standard requires stricter conditions than those achievable by the use of the best available techniques, additional measures shall be included in the initial permit, with a view to reducing the specific contribution of the installation to the pollution occurring in the relevant area.The competent authority shall grant adequate periods to operators for the implementation of those additional measures and shall evaluate the effectiveness of such additional measures.

AddedArticle 1 – paragraph 1 – point 10 – point a a (new), Article 14 – paragraph 2 a (new): (aa) the following paragraph is inserted: / 2a. Member States may grant derogations from the measure referred to in paragraph 1 subparagraph 2, point (bb) for up to twelve months. Such a derogation may apply only after the granting of the permit, provided that sufficient efforts have already been undertaken to finalise the EMS within that time period.

Directive 2010/75/EU

Change 59

RemovedArticle 1 – paragraph 1 – point 15, Article 18 – paragraph 2 a (new): When an industrial installation discharges wastewater directly or indirectly into surface water, thereby affecting a drinking water source, a risk assessment on the effect of the discharge on the drinking water source shall be conducted by the operator of the installation that discharges the waste water. The results of this assessment shall be shared with the drinking water operator and the authority in charge of the risk assessment pursuant to Article 8 of the Directive (EU) 2020/2184. If the assessment finds that the quality of the raw water is negatively affected, the operator shall take appropriate measures to eliminate this risk.

AddedArticle 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 a permit, falling within the scope of this Chapter, an environmental management system (‘EMS’). Member States shall ensure that requirements to be mentioned in the permit conditions concerning the characteristics of the EMS are of a general nature only. / The EMS shall comply with the provisions included in relevant BAT conclusions that determine aspects to be covered in the EMS in the form of a standardised text as published by the European Commission in BREFs based upon an opinion by the forum referred to in Article 13.

Directive 2010/75/EU

Change 60

RemovedArticle 1 – paragraph 1 – point 15 a (new), Article 20 – paragraph 3 a (new): (15a) In Article 20, the following paragraph is inserted: / (3a) In the event of an energy, security or health crisis, leading to severe disruption of energy supplies or shortage of essential resources, materials or equipment, any changes of an installation that require a permit shall be dealt with in accordance with the fast-track procedure, as provided for in Article 5 (4a new)-(4c new). Member states shall process those requests as a matter of utmost priority.

AddedArticle 1 – paragraph 1 – point 11, Article 14a – paragraph 1 – subparagraph 2: The EMS shall be audited at least every 3 years by an environmental verifier, as defined in Article 2(20) of Regulation 1221/2009, who verifies the conformity of the EMS, and of its implementation, with this article. The licence or accreditation referred to in Article 2(20) of Regulation 1221/2009 shall include the requirements set out in this Article.

Directive 2010/75/EU

Change 61

RemovedArticle 1 – paragraph 1 – point 16, Article 21 – paragraph 5 – point c: (c) where it is necessary to comply with an environmental quality standard referred to in Article 18, especially in the case of a new or revised 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..

AddedArticle 1 – paragraph 1 – point 11, Article 14a – paragraph 2 – introductory part: 2. The EMS shall include at least the following information:

Directive 2010/75/EU

Change 62

RemovedArticle 1 – paragraph 1 – point 17 – point b – point i, Article 24 – paragraph 2 – subparagraph 1: 2. When a decision on granting, reconsideration or updating of a permit has been taken, the competent authority shall make available to the public, including systematically via the Internet, free of charge and without restricting access to registered users, in relation to points (a), (b) and (f), the following non-confidential information:;

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

Directive 2010/75/EU

Change 63

RemovedArticle 1 – paragraph 1 – point 18 a (new), Article 25 – paragraph 3: (18a) In Article 25, paragraph 3 is replaced as follows: / To this end, the interest of any non-governmental organisation promoting environmental protection and meeting any requirements under national law and the interest of any sub-national public authority whose territory or population could be adversely affected by lack of compliance with this Directive shall be deemed sufficient for the purpose of paragraph 1(a). / Such organisations and authorities shall also be deemed to have rights capable of being impaired for the purpose of paragraph 1(b).

AddedArticle 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 and an analysis of the possibilities to substitute them with safer alternatives;

Directive 2010/75/EU

Change 64

RemovedArticle 1 – paragraph 1 – point 22, Article 27a – paragraph 2: 2. The centre shall collect and analyse information on innovative techniques, including emerging techniques relevant to activities within the scope of this Directive, and characterise their level of development and their environmental performance. The representatives of the centre shall participate, along with the Commission, in the exchange of information referred to in Article 13(3), point (b), and assist the Commission when drawing up, reviewing and updating the BAT reference documents referred to in Article13(1).

AddedArticle 1 – paragraph 1 – point 11, Article 14a – paragraph 2 – subparagraphs 2, 3, and 4: The level of detail of the EMS shall be consistent with the nature, scale and complexity of the installation, and the range of environmental impacts it may have. / In cases where an EMS is included in a BAT conclusion but the EMS does not cover elements set out in Article 14a(2), points (a) to (e), Member States shall require the operator to prepare and implement the EMS by 12 months after the end date of transposition of this Directive. / Where elements of the EMS, or the related performance indicators, objectives, measures have already been developed in other relevant Union legislation and comply with this paragraph, a reference in the EMS to the relevant documents shall be sufficient.

Directive 2010/75/EU

Change 65

ChangedArticle 1 – paragraph 1 – point 22,11, Article 27a14a – paragraph 3: 3. The centreEMS of an installation shall be assistedmade byavailable on the participantsInternet, infree theof exchangecharge ofand informationwithout referredrestricting access to registered users in accordance with Article 13(3),4a pointof (b)this and:Directive.

Directive 2010/75/EU

Change 66

RemovedArticle 1 – paragraph 1 – point 22, Article 27a – paragraph 3 – point a: deleted

AddedArticle 1 – paragraph 1 – point 12, Article 15 – paragraph 1 – subparagraph 2 – introductory part: With regard to indirect releases of polluting substances into water, in the first instance the effect on an urban or industrial wastewater treatment plant, as applicable, outside the installation shall be taken into account when determining the emission limit values of the installation concerned in accordance with Article 14 of Directive [Urban Wastewater Treatment Directive (recast)]. As a second step the effect of an urban or industrial waste water treatment plant outside the installation may be taken into account when determining the emission limit values of the installation concerned. The steps, as referred to in this paragraph, shall be undertaken provided that an equivalent level of protection of the environment as a whole is guaranteed, that such steps do not lead to higher levels of pollution in the environment and provided the operator ensures that all of the following requirements are fulfilled:

Directive 2010/75/EU