Changes from report parliamentary committee draft to plenary report

Change 67

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

AddedArticle 1 – paragraph 1 – point 12, Article 15 – paragraph 1 – subparagraph 2 – point a: (a) the released polluting substances do not impede the operation of the waste water treatment plant or the capacity to recover resources from the waste water treatment stream;

Directive 2010/75/EU

Change 68

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

AddedArticle 1 – paragraph 1 – point 12, Article 15 – paragraph 3 – subparagraph 1 – introductory part: Subject to the publication of new or amended BAT conclusions, after the transposition of this Directive in accordance with Article 21 (3), or when the permit is granted or updated pursuant to Article 21(5), or [ date of the first day of the month following 10 years after the date of entry into force of this Directive], whichever is the sooner and for operators which have filed for application of a permit after the date of transposition of this Directiveand taking into account Commission Implementing Decision 2012/119/EU (“The BREF Guidance”) the competent authority shall set the strictest achievable emission limit values for the specific installation that are consistent with the lowest emissions achievable by applying BAT in the installation. Those limit values shall take into account cross-media effects and 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, analysing the feasibility of meeting the strictest end of the BAT-AEL range and demonstrating the best overall performance the specific installation can achieve under normal operating conditions, while taking into consideration standard operating fluctuations in cases of short-term averages, by applying BAT as described in BAT conclusions. The emis…

Directive 2010/75/EU

Change 69

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

AddedArticle 1 – paragraph 1 – point 12, Article 15 – paragraph 3 – subparagraph 2 a (new): If general binding rules are adopted concerning Article 15(3), Member States shall set general binding rules on the strictest achievable emission limit values by applying BAT only for categories of installations within the same sectoral activities that have similar characteristics, and based on an assessment by the Member States analysing the feasibility of meeting the strictest end of the range achievable.

Directive 2010/75/EU

Change 70

RemovedArticle 1 – paragraph 1 – point 22, Article 27b – paragraph 1: Without prejudice to Article 18, the competent authority may grant temporary derogations from the requirements set out in Article 15(2), (3) and (3a) and from the principles set out in Article 11, points (a) and (b), for the testing of innovation techniques, including emerging techniques, identified by INCITE , for a total period of time not exceeding 36 months, subject to additional extensions being granted in the light of the level of technology readiness of the specific technique, provided that, after the period specified, the technique is either no longer used or the activity achieves at least the emission levels associated with the best available techniques.

AddedArticle 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 shall 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, including with heterogeneous emissions and industrial emissions.

Directive 2010/75/EU

Change 71

RemovedArticle 1 – paragraph 1 – point 22, Article 27c – paragraph 1: By way of derogation from Article 15(3) and (3a) and Article 21(3), the competent authority may set emission limit values that ensure that, within 6 years of publication of a decision on BAT conclusions in accordance with Article 13(5) relating to the main activity of an installation, subject to an additional extension being granted in the light of the technology readiness level of the emerging technique, emissions shall not, under normal operating conditions, exceed emission levels associated with emerging techniques as laid down in the decisions on BAT conclusions.

AddedArticle 1 – paragraph 1 – point 12, Article 15 – paragraph 4 – subparagraph 1 – point b: (b) the technical characteristics of the installation concerned, including in the case of an agreed closure plan of the installation, within 4 years of the publication of BAT conclusion.

Directive 2010/75/EU

Change 72

RemovedArticle 1 – paragraph 1 – point 22, Article 27d – paragraph 1 – subparagraph 1: Member States shall require that by 30 June 2030 the operator includes in its environmental management system referred to in Article 14a an indicative transformation plan for each installation carrying out any activity listed in points 1, 2, 3, 4, 6.1 a, and 6.1b of Annex I, an integrated transformation plan for two or more installations as referred to in Article 4 (2), or a consolidated transformation plan at corporate level, for all the undertakings in the group. Where a corporate entity has not developed a consolidated transformation plan at corporate level, the development of transformation plans for each installation shall be mandatory. The transformation plan shall contain non-confidential information on how the corporate entity would transform its installations during the 2030-2050 period in order to contribute to the emergence of a sustainable, clean, circular and climate-neutral economy by 2050, using the format referred to in paragraph 4.

AddedArticle 1 – paragraph 1 – point 12, Article 15 – paragraph 4 – subparagraph 4: Derogations granted after the transposition of this Directive referred to in this paragraph shall be granted for a maximum of five years and in compliance with the principles set out in Annex II. The competent authority shall aim to prevent pollution and in any case ensure that no significant pollution is caused and that a high level of protection of the environment as a whole is achieved. Derogations shall not be granted, where they may put at risk compliance with environmental quality standards referred to in Article 18.

Directive 2010/75/EU

Change 73

RemovedArticle 1 – paragraph 1 – point 22, Article 27d – paragraph 1 – subparagraph 2 a (new): By way of derogation from the first sub-paragraph, installations that are operated by undertakings covered by [OJ please insert the reference number for 2021/0104(COD)] carrying out any activity listed in Annex I, may use the description of the undertaking’s business model and strategy adopted under Article 19a of Directive 2013/34/EU instead of the consolidated corporate-level transformation plan indicated in the first subparagraph of this paragraph.

AddedArticle 1 – paragraph 1 – point 12, Article 15 – paragraph 4 – subparagraph 5: The competent authority shall re-assess whether the derogation granted in accordance with this paragraph is justified every 5 years or as part of each reconsideration of the permit conditions pursuant to Article 21, where such reconsideration occurs earlier than 5 years after the derogation was granted.

Directive 2010/75/EU

Change 74

RemovedArticle 1 – paragraph 1 – point 22, Article 27d – paragraph 2 – subparagraph 1: Member States shall require that, as part of the review of the permit conditions pursuant to Article 21(3) following the publication of decisions on BAT conclusions after 1 January 2030, the operator includes in its environmental management system referred to in Article 14a a transformation plan as set out in paragraph 1 of this Article.

AddedArticle 1 – paragraph 1 – point 12, Article 15 – paragraph 4 a (new) – subparagraphs 1 and 2: 4a. By way of derogation from paragraph 3a, and without prejudice to Article 18, the competent authority, in specific cases, may set environmental performance limit values, which are less strict than the mandatory upper end of the range. Such a derogation may apply 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 due to: / (a) the geographical location or local climatic conditions of the installation concerned; or / (b) technical characteristics of the installation concerned, including in a situation of an agreed closure plan of the installation, within 4 years of the publication of the BAT conclusions. / The derogation from water-related environmental performance limit values, referred to in the first subparagraph, shall be conditional upon a robust assessment of a present and future water risk for the installation.

Directive 2010/75/EU

Change 75

ChangedArticle 1 – paragraph 1 – point 22,12, Article 27d15 – paragraph 3:4 3.a The(new) operator– shallsubparagraph make3: aThe summarycompetent ofauthority itsshall transformationdocument planin asan wellannex asto the non-confidential resultspermit ofconditions the assessmentreasons referredfor tothe inapplication paragraphsof 1the andfirst 2subparagraph public,including asthe partresult of the publicationassessment ofand itsthe environmentaljustification managementfor system.the conditions imposed.

Directive 2010/75/EU

Change 76

RemovedArticle 1 – paragraph 1 – point 22, Article 27d – paragraph 4: 4. The Commission shall by 30 June 2028, adopt an implementing act establishing the format for the transformation plans, including the integration of the description of the undertaking’s business model and strategy adopted under Art. 19a of Directive 2013/34/EU. This implementing act shall be adopted in accordance with the examination procedure referred to in Article 75(2).

AddedArticle 1 – paragraph 1 – point 12, Article 15 – paragraph 4 a (new) – subparagraph 4: The competent authority shall in any case ensure that no significant environmental impact is caused and that a high level of protection of the environment as a whole is achieved. Derogations shall not be granted where they could put at risk compliance with environmental quality standards referred to in Article 18.

Directive 2010/75/EU

Change 77

RemovedArticle 1 – paragraph 1 – point 22 a (new), Article 27 e (new): (22a) The following Article is inserted: / Article 27e / EU 50 technologies / 1. Member States shall, where appropriate, encourage the development and application of EU-50 technologies as defined in Article 3, (point) (14) (a) new, such as Climate Change Mitigation and Adaptation technologies (CCMA) , that facilitate the achievement of the Union’s strategic objectives by 2030 and 2050. For that purpose, Member States shall ensure that the procedures laid out in Article 5(4a new) - 4c new(7) apply to installations that plan to develop and apply such technologies. / 2. The technologies shall be included in the EU50 Technologies list, approved via implementing act by the Commission, based on the exchange in the forum referred to in Article 13and in accordance with Article 75. / The EU-50 Technologies included on the list shall comply with the following conditions: / (a) the technology makes a concrete important contribution to the Union’s objectives or strategies and has a significant impact on achieving one of the objectives of one of the following: / (i) the European Green Deal, or the Union’s objective to become climate neutral by 2050 the latest; / (ii) the Digital Strategy, the Digital Decade and European Strategy for Data; / (iii) the Raw Materials Act and other priority future projects of the Commission agenda, regarding 2030/2050 objectives; / (iv) the European Health Union; or / (v). the “Fit For 55 package”, namely the 2030 objectives. / (b) the technology is of a tran…

AddedArticle 1 – paragraph 1 – point 12, Article 15 – paragraph 4 a (new) – subparagraph 5: The competent authority shall re-assess whether the derogation granted in accordance with this paragraph is justified every 5 years or as part of each reconsideration of the permit conditions pursuant to Article 21, where such reconsideration is carried out earlier than 5 years after the derogation was granted.

Directive 2010/75/EU

Change 78

AddedArticle 1 – paragraph 1 – point 12, Article 15 – paragraph 4 a (new) – subparagraph 5: The Commission shall adopt an implementing act to establish a standardised methodology for assessing the elements 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 12, Article 15 – paragraph 4 b (new): 4b. Without prejudice to Article 18, by way of derogation from paragraphs 3 and 3a, the competent authority may, in cases where an installation faces a persistent interruption in the supply of raw materials or fuels or a disruption of abatement technique’s elements due to force majeure, establish less strict emission limit values and environmental performance levels, for a maximum of 3 months, which may be extended by 3 months where the extraordinary circumstances as referred to in this paragraph persist, subject to a simplified assessment justifying the reasons and period for this temporary adjustment. As soon as the supply or abatement conditions are restored, the Member State shall ensure that this derogation ceases to have effect. / Member States shall inform the Commission of any derogation granted under the extraordinary circumstances as referred to in the first subparagraph. / The Commission shall assess whether the use of the derogation clause is justified having due regard to the criteria set in this subparagraph. If the Commission raises objections, the Member States shall, without delay, revise the derogation provided accordingly. As soon as the supply conditions are restored then the derogation shall cease to apply.

AddedDirective 2010/75/EU

AddedArticle 1 – paragraph 1 – point 13, Article 15a – paragraph 1: 1. For the purpose of assessing compliance with emission limit values in accordance with Article 14(1), point (h), the correction made to measurements to determine the validated average emission values shall not exceed the measurement uncertainty determined according to the method in the EIPPCB Reference Report on Monitoring. / The EIPPCB Reference Report on Monitoring shall be updated by [OP please insert date = the first day of the month following 18 months after the date of entry into force of this Directive].

AddedDirective 2010/75/EU

AddedArticle 1 – paragraph 1 – point 13, Article 15a – paragraph 2 – subparagraph 1: The Commission shall by [OP please insert date = the first day of the month following 24 months after the date of entry into force of this Directive] adopt an implementing act establishing the method for assessing compliance with emission limit values set out in the permit with regard to emissions to air and water. This 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 13, Article 15a – paragraph 2 – subparagraph 2: The method referred to in the first subparagraph shall address, as a minimum, the determination of validated average emission values and shall set out how measurement uncertainty, as determined in the EIPPCB Reference Report on Monitoring, and the frequency of exceedance of emission limit values are to be taken into account in the compliance assessment.

AddedDirective 2010/75/EU

AddedArticle 1 – paragraph 1 – point 13 a (new), Article 16 – paragraph 2: (13a) In Article 16, paragraph 2 is replaced by the following: / "2. The frequency of the periodic monitoring referred to in Article 14(1)(e) shall be determined by the competent authority in a permit for each individual installation or in general binding rules. / Without prejudice to the first subparagraph, periodic monitoring shall be carried out as set out in the BAT Conclusions, where applicable, and at least once every 3 years for groundwater and 7 years for soil, unless such monitoring is based on a systematic appraisal of the risk of contamination."

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

AddedDirective 2010/75/EU

AddedArticle 1 – paragraph 1 – point 13 b (new), Article 16 – paragraph 2 a (new): (13b) in Article 16, the following paragraph is added: / 2a. The quality control of laboratories performing the monitoring shall be based on international standards, such as ISO 17025.

AddedDirective 2010/75/EU

AddedArticle 1 – paragraph 1 – point 14 a (new), Article 17 – paragraph 1: (14a) Article 17, paragraph 1 is replaced by the following: / "1. When adopting general binding rules, Member States shall ensure an integrated approach in accordance with Article 15(3), subparagraph 2 a (new), and a high level of environmental protection equivalent to that achievable with individual permit conditions."

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

AddedDirective 2010/75/EU

AddedArticle 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 such as setting supplementary load limits for the relevant polluting substances shall be included in the permit, with a view to reducing the specific contribution of the installation to the pollution occurring in the relevant area without prejudice to other measures which may be taken to comply with environmental quality standards.

AddedDirective 2010/75/EU

AddedArticle 1 – paragraph 1 – point 15, Article 18 – paragraph 2: Where stricter conditions have been included in the permit in accordance with the first paragraph, regular monitoring of the concentration and loads of relevant pollutants in the receiving environment resulting from operations of the installations concerned shall be required from the operator, and the results of such monitoring shall be transmitted to the competent authority and the downstream drinking water and/or wastewater treatment plants operators, as relevant, within the shortest possible time after the information has been generated, and not later than 1 month after the information has been generated. Where monitoring and measurement methods for the concerned pollutants, including so-called cocktail effects, are set out in other relevant Union legislation, such methods shall be used for the purpose of the monitoring referred to in this paragraph.

AddedDirective 2010/75/EU

AddedArticle 1 – paragraph 1 – point 15 a (new), Article 19: (15a) Article 19 is replaced by the following: / "Article 19 / Member States shall ensure that the competent authority follows or is informed of developments in best available techniques and of the publication of any new or updated BAT conclusions or operating rules and shall make that information available to the public concerned."

Added(32010L0075)

AddedDirective 2010/75/EU

AddedArticle 1 – paragraph 1 – point 15 b (new), Article 20 – paragraph 1: (15b) In Article 20, paragraph 1 is replaced by the following: / "1. Member States shall take the necessary measures to ensure that the operator informs the competent authority of any planned change in the nature or functioning, or an extension of the installation which may have consequences for the environment, at least six months prior to the implementation of any such change or extension. Where appropriate, the competent authority shall update the permit including the relevant processes for the extension."

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

AddedDirective 2010/75/EU