Changes from report parliamentary committee draft to plenary report

AddedArticle 1 – paragraph 1 – point 15 c (new), Article 21 – paragraph 1: (15c) In Article 21 paragraph 1 is replaced by the following: / "1. Member States shall take the necessary measures to ensure that the competent authority periodically reconsiders in accordance with paragraphs 2 to 5 all permit conditions and, where necessary to ensure compliance with this Directive, updates those conditions. Member States shall ensure that the competent authorities reconsider the permit at least every 8 years."

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

AddedDirective 2010/75/EU

AddedArticle 1 – paragraph 1 – point 15 d (new), Article 21 – paragraph 3 – subpargraph 1 – point a: (15d) In Article 21, paragraph 3, subparagraph 1, point a is replaced by the following: / "(a) all the permit conditions for the installation concerned are reconsidered and, if necessary, updated to ensure compliance with this Directive, in particular, with Article 15(3), (3a) and (4), where applicable;"

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AddedArticle 1 – paragraph 1 – point 16 a (new), Article 22 – paragraph 2 – subparagraphs 1 and 2: (16a) In Article 22, paragraph 2, first and second subparagraphs are replaced by the following: / "2. Where the activity involves the use, production or release of relevant hazardous substances and having regard to the possibility of soil, surface and groundwater contamination at the site of the installation, the operator shall prepare and submit to the competent authority a baseline report before starting operation of an installation or before a permit for an installation is updated for the first time after 7 January 2013. / The baseline report shall contain the information necessary to determine the state of soil, surface and groundwater contamination so as to make a quantified comparison with the state upon definitive cessation of activities provided for under paragraph 3."

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

AddedDirective 2010/75/EU

AddedArticle 1 – paragraph 1 – point 16 b (new), Article 22 – paragraph 3 – subparagraph 1: (16 b) In Article 22, paragraph 3, subparagraph 1 is replaced by the following: / "Upon definitive cessation of the activities, the operator shall assess the state of soil and groundwater contamination by relevant hazardous substances used, produced or released by the installation. Where the installation has caused significant pollution of soil, surface or groundwater by relevant hazardous substances compared to the state established in the baseline report referred to in paragraph 2, the operator shall take the necessary measures to address that pollution so as to return the site to that state. For that purpose, the technical feasibility of such measures may be taken into account."

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AddedDirective 2010/75/EU

AddedArticle 1 – paragraph 1 – point 16 c (new), Article 23 – paragraph 4 – subparagraph 2: (16c) In Article 23, paragraph 4, subparagraph 2 is replaced by the following: / "The period between two site visits shall be based on a systematic appraisal of the environmental risks of the installations concerned and shall not exceed 1 year for installations posing the highest risks and 3 years for installations posing the lowest risks. The public shall be informed about the appraisal of the environmental risks of the installations."

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AddedDirective 2010/75/EU

AddedArticle 1 – paragraph 1 – point 16 d (new), Article 23 – paragraph 4 – subparagraph 5: (16d) In Article 23(4), subparagraph 5 is replaced by the following: / "By two years after the transposition of this Directiveat the latest, the Commission shall adopt and, where appropriate, regularly update, guidance on the criteria for the appraisal of environmental risks.""

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AddedDirective 2010/75/EU

AddedArticle 1 – paragraph 1 – point 17 – point a – point -i (new), Article 24 – paragraph 1 – point b: (-i) In Article 24(1), point b is replaced by the following: / "(b) the granting or reconsidering of a permit for any substantial change;"

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AddedDirective 2010/75/EU

AddedArticle 1 – paragraph 1 – point 17 – point b – point i, Article 24 – paragraph 2 – introductory part: 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, on its website, on a webpage which is easy to find, free of charge and without restricting access to registered users, in relation to points (a), (b) and (f) the following information:

AddedDirective 2010/75/EU

AddedArticle 1 – paragraph 1 – point 17 – point b – point i a (new), Article 24 – paragraph 2 – point a a (new): (ia) In Article 24(2), point a a (new) is inserted: / (aa) the summary of the permit referred to in Article 5 (4);

AddedDirective 2010/75/EU

AddedArticle 1 – paragraph 1 – point 17 – point b – point ii a (new), Article 24 – paragraph 2 – point e: (iia) In Article 24, (2), point e is replaced by the following: / "(e) how the permit conditions referred to in Article 14, including the emission limit values and environmental performance levels, have been determined in relation to the best available techniques and emission levels and environmental performance levels associated with the best available techniques;"

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AddedDirective 2010/75/EU

AddedArticle 1 – paragraph 1 – point 17 – point c, Article 24 – paragraph 3 – introductory part: 3. The competent authority shall also make available to the public, including systematically via the Internet, on its website, on a webpage which is easy to find, free of charge and without restricting access to registered users the following:

AddedDirective 2010/75/EU

AddedArticle 1 – paragraph 1 – point 17 – point c, Article 24 – paragraph 3 – point b: (b) the results of emission monitoring as required under the permit conditions and held by the competent authority in a database that allows query-based datasets to be downloaded;

AddedDirective 2010/75/EU

AddedArticle 1 – paragraph 1 – point 17 a (new), Article 25 – paragraph 1 – introductory part: (17a) In Article 25, paragraph 1, the introductory part is replaced by the following: / "Member States shall ensure that, in accordance with the relevant national legal system, members of the public concerned have access to a review procedure before a court of law or another independent and impartial body established by law to challenge the substantive or procedural legality of decisions, acts or omissions subject to Article 14, Article 17(1) to(3), Article 22 and Article 24 when one of the following conditions is met:"

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AddedArticle 1 – paragraph 1 – point 18, Article 25 – paragraph 1 – subparagraph 2: Standing in the review procedure shall not be conditional on the role that the concerned member of the public played during a participatory phase of the decision-making procedures under this Directive.

AddedDirective 2010/75/EU

AddedArticle 1 – paragraph 1 – point 18 a (new), Article 25 – paragraph 3: (18a) In Article 25, paragraph 3 is replaced by the following: / "3. What constitutes a sufficient interest and impairment of a right shall be determined by Member States, consistently with the objective of giving the public concerned wide access to justice. / 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)."

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AddedDirective 2010/75/EU

AddedArticle 1 – paragraph 1 – point 19, Article 26 – paragraph 1: 1. Where a Member State is aware that the operation of an installation may have significant negative effects on the environment of another Member State, or where a Member State which may be significantly affected so requests, the Member State in whose territory the application for a permit pursuant to Article 4 or Article 20(2) was submitted, or in whose territory a permit was reconsidered pursuant to Article 21, shall forward to the other Member State any information required to be given or made available pursuant to Annex IV at the same time as it makes it available to the public and after three months at the latest. On the basis of that information, consultations shall be carried out between the two Member States, while ensuring that the comments from the Member State that may be significantly affected are provided before the competent authority of the Member State in whose territory the application for a permit was submitted reaches its decision. Should no comments be provided by the Member State which may be significantly affected within the period for consultation of the public concerned, the competent authority shall proceed with the permitting procedure.

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AddedDirective 2010/75/EU

AddedArticle 1 – paragraph 1 – point 19 a (new), Article 26 – paragraph 4 a (new): (19a) In Article 26, the following paragraph is added: / 4a. Member States shall ensure that competent authorities establish appropriate regional transboundary communication channels.

AddedDirective 2010/75/EU

AddedArticle 1 – paragraph 1 – point 20, Chapter IIa – title: ENABLING AND PROMOTING INNOVATION

AddedDirective 2010/75/EU

AddedArticle 1 – paragraph 1 – point 21, Article 27 – paragraph 1: Without prescribing the use of any technique or specific technology, Member States shall, where appropriate, encourage the development and application of emerging techniques, in particular where such techniques have been identified in the BAT conclusions, the BAT reference documents or the findings of the innovation centre for industrial transformation and emissions referred to in Article 27a.

AddedDirective 2010/75/EU

AddedArticle 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 Commission shall take into account the findings of the centre when preparing the work programme for the exchange of information referred to in Article 13(3), point (b), and when drawing up, reviewing and updating, after an assessment by the relevant technical working group in Sevilla, the BAT reference documents referred to in Article 13(1).

AddedDirective 2010/75/EU

AddedArticle 1 – paragraph 1 – point 22, Article 27a – paragraph 3 – point e a (new): (ea) representatives of the farmers concerned;

AddedDirective 2010/75/EU

AddedArticle 1 – paragraph 1 – point 22, Article 27a – paragraph 3 – point g: (g) non-governmental organisations promoting the protection of human health or the environment;

AddedDirective 2010/75/EU

AddedArticle 1 – paragraph 1 – point 22, Article 27b – paragraph 1: Without prejudice to Article 18 and Article 2(2), the competent authority may grant temporary derogations from the requirements set out in Article 15(2) and (3) and from the principles set out in Article 11, points (a) and (b), for the testing of emerging techniques for a total period of time not exceeding 36 months, provided that after the period specified, either the technique is stopped or the activity achieves at least the emission levels associated with the best available techniques.

AddedDirective 2010/75/EU

AddedArticle 1 – paragraph 1 – point 22, Article 27c – paragraph 1: By way of derogation from Article 21(3), upon a request by the operator, 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 , emissions shall not, under normal operating conditions, exceed emission levels associated with emerging techniques as laid down in the decisions on BAT conclusions. The Member States or the competent authorities shall notify INCITE on the emerging techniques for which a permit has been granted.

AddedDirective 2010/75/EU

AddedArticle 1 – paragraph 1 – point 22, Article 27d – paragraph 1 – subparagraph 1: Where a derogation has been granted in accordance with Article 15 (4), Member States shall require that, by 30 June 2027, the operator includes in its environmental management system an indicative transformation plan for each installation carrying out any activity listed in points 1, 2, 3, 4, 6.1 a, and 6.1 b of Annex I. / The operators of the 200 most polluting installations in the Union, as referred to in Article 76 paragraph 2, shall also include in their environmental management system an indicative transformation plan for each of those installations, unless the installation has a closure plan for 2035. / The transformation plan shall contain information on how the transformation 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, is intended to take place. The transformation plan shall include a greenhouse gas emissions reduction pathway and roadmap on how the installations plan to become more resource-efficient, in particular as regards energy and water, for example by means of water re-use systems, by laying down the measures that the operator will implement. / Member States shall require that by 30 June 2029 the operator includes in its environmental management system an indicative transformation plan for each installation carrying out any activity listed in points 1, 2, 3, 4, 6.1 a, and 6.1 b of Annex I, a consolidated transformation pla…