Changes from report parliamentary committee draft to plenary report

AddedDirective 2010/75/EU

AddedArticle 1 – paragraph 1 – point 22, Article 27d – paragraph 1 – subparagraph 2: Member States shall take the necessary measures to ensure that the audit organisation contracted by the operator as part of its environmental management system assesses, no later than a year after the deadlines set out in the first subparagraph, the conformity of the transformation plans referred to in the first subparagraph with the requirements set out in the delegated act referred to in paragraph 4, in order to contribute to the emergence of a sustainable, clean, circular and climate-neutral economy by 2050.

AddedDirective 2010/75/EU

AddedArticle 1 – paragraph 1 – point 22, Article 27d – paragraph 1 – subparagraph 2 a (new): Where elements of the transformation plans have already been developed elsewhere and are compliant with this provision, a reference may be made in the transformation plan to the relevant documents.

AddedDirective 2010/75/EU

AddedArticle 1 – paragraph 1 – point 22, Article 27d – paragraph 1 a (new): 1a. Member States shall take the necessary measures to ensure that the transformation plans mentioned in paragraph 1 are regularly reviewed and, if necessary, revised.

AddedDirective 2010/75/EU

AddedArticle 1 – paragraph 1 – point 22, Article 27d – paragraph 2 – subparagraph 1: Member States shall require that by 1 January 2030, the operator carrying out any activity listed in Annex I that is not referred to in paragraph 1 includes in its environmental management system referred to in Article 14a a transformation plan as set out in paragraph 1 of this Article. The transformation plan shall contain information on how the installation will transform itself 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.

AddedDirective 2010/75/EU

AddedArticle 1 – paragraph 1 – point 22, Article 27d – paragraph 2 – subparagraph 2: Member States shall take the necessary measures to ensure that the audit organisation contracted by the operator as part of its environmental management system assesses the conformity of the indicative transformation plans referred to in the first subparagraph of paragraph 2 with the requirements set out in the delegated act referred to in paragraph 4.

AddedDirective 2010/75/EU

AddedArticle 1 – paragraph 1 – point 22, Article 27d – paragraph 4: 4. The Commission shall by 30 June 2026, adopt a delegated act, in accordance with Article 76, to supplement this Directive by establishing the format for the transformation plans and the list of the 200 most polluting installations. / The Commission shall review by 2035 the content and format of the transformation plan, and where necessary add, by means of delegated acts, elements, such as sector-specific milestones, as well as a description of the format for their reporting, where needed, to the transformation plans and, by 2040, the list of the 200 most polluting installations considering after air pollutants also water pollutants.

AddedDirective 2010/75/EU

AddedArticle 1 – paragraph 1 – point 22, Article 27d – paragraph 4 a (new): 4a. Member States shall, where relevant, require operators of installations to assess the benefits of using digital tools in order to improve the environmental performance of their installations.

AddedDirective 2010/75/EU

AddedArticle 1 – paragraph 1 – point 22 a (new), Article 30 – paragraph 5: (22a) In Article 30, paragraph 5 is replaced by the following: / "5. The competent authority may grant a derogation for a maximum of 6 months from the obligation to comply with the emission limit values provided for in paragraphs 2 and 3 for sulphur dioxide in respect of a combustion plant which to this end normally uses low-sulphur fuel, in cases where the operator is unable to comply with those limit values because of an interruption in the supply of low-sulphur fuel resulting from a serious shortage. / Member States shall immediately inform the Commission of any derogation granted under the first subparagraph and provide the Commission with the proof of the shortage and a detailed justification of why the derogation is needed."

Added(32010L0075)

AddedDirective 2010/75/EU

AddedArticle 1 – paragraph 1 – point 22 b (new), Article 30 – paragraph 6 – subparagraph 3: (22b) In Article 30(6), the third subparagraph is replaced by the following: / "Member States shall inform the Commission immediately of any derogation granted under the first subparagraph and provide to the Commission proof of the interruption in the supply and a detailed justification of why the derogation is needed."

Added(32010L0075)

AddedDirective 2010/75/EU

AddedArticle 1 – paragraph 1 – point 22 c (new), Article 30 – paragraph 9 – subparagraph 1 – point c: (22c) In Article 30(9), subparagraph 1, point c is replaced by the following: / "(c) combustion plants firing gases other than fossil or biogenic gas;"

Added(32010L0075)

AddedDirective 2010/75/EU

Article 1 – paragraph 1 – point 23, Article 42 – paragraph 1 – subparagraph 2 – point a: (a) the incineration causes emissions lower than the combustion of the least polluting fuels available on the market that could be combusted in the installation;

Directive 2010/75/EU

Change 79

RemovedArticle 1 – paragraph 1 – point 23, Article 42 – paragraph 1 – subparagraph 2 – point b a (new): (ba) the incineration, if situated in or near to a residential area, does not cause olfactory pollution

AddedArticle 1 – paragraph 1 – point 23 a (new), Article 42 – paragraph 2 a (new): (23a) In Article 42, the following paragraph is added: / 2a. Plants referred to in paragraph 2, point (b), shall report to the competent authorities data on total waste incinerated, including quantities and characteristics of hazardous waste referred to in Article 45(2), point (b), emissions into air and water, pH, temperature and flow of waste water discharges.

Directive 2010/75/EU

Change 80

RemovedArticle 1 – paragraph 1 – point 23 a (new), Article 45 – paragraph 1 – point c: (23a) In Article 45(1), point c is replaced as follows: / (c) the limit values for emissions into air and water, including olfactory pollution;

AddedArticle 1 – paragraph 1 – point 23 b (new), Article 50 – paragraph 2 a (new): (23b) In Article 50, paragraph 2a (new) is inserted: / 2a. Emissions to air from waste incineration and co-incineration plants shall also be monitored during other than normal operating conditions (OTNOC), particularly emissions of PCDD/F and dioxin-like PCBs during start-up and shut-down operations. The incineration and co-incineration plants shall prevent emissions of PCDD/F and dioxin like-PCBs during all operating times, including OTNOC, inter alia by ensuring that the flue gas cleaning system is in full operation prior to waste feed.

AddedIt has been observed, including in the WI BREF, that start-up operations and other OTNOC are linked to high dioxines emissions that in some cases even equal to emissions from several month of normal operation.

Directive 2010/75/EU

Change 81

RemovedArticle 1 – paragraph 1 – point 25, Article 70a – paragraph 1: This Chapter shall apply to the activities set out in Annex Ia which reach the capacity thresholds set out in that Annex, including adjacent micro installations that produce biogases for self-consumption.

AddedArticle 1 – paragraph 1 – point 23 c (new), Article 55 – paragraph 2: (23c) In Article 55, paragraph 2 is replaced by the following: / 2. For waste incineration plants or waste co-incineration plants with a nominal capacity of 2 tonnes or more per hour, the report referred to in Article 72 shall include information on the functioning and monitoring of the plant and give account of the running of the incineration or co-incineration process and the level of emissions into air and water in comparison with the emission limit values. This should include emissions data given in gross values and original laboratory analysis reports. That information shall be made available to the public.

Added(https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02010L0075-20110106&qid=1670312326229)

Directive 2010/75/EU

Change 82

RemovedArticle 1 – paragraph 1 – point 25, Article 70b – paragraph 1: If two or more installations, engaged in identical types of rearing activities, are located close to each other and if their operator is the same or if the installations are under the control of operators who are engaged in an economic or legal relationship, except where the existence of separate neighbouring installations is the result of a division of an inherited family farm, the installations concerned shall be considered as single unit for the purpose of calculating the capacity threshold referred to in Article 70a.

AddedArticle 1 – paragraph 1 – point 23 d (new), Article 58 – paragraph 1: (23d) In Article 58, paragraph 1 is replaced by the following: / Substances or mixtures which, because of their content of volatile organic compounds carcinogens, mutagens, or toxic to reproduction under Regulation (EC) No 1272/2008, are assigned or need to carry the hazard statements H340, H350, H350i, H360D or H360F, or which are classified as persistent, bio accumulative and toxic or endocrine disrupting under Regulation (EC) No 1272/2008 shall be replaced, as far as possible by less harmful substances or mixtures within the shortest possible time.

Added(32010L0075)

Directive 2010/75/EU

Change 83

RemovedArticle 1 – paragraph 1 – point 25, Article 70c – paragraph 2 – point d: (d) the sources of emissions from the installation, including adjacent micro installations that produce biogases for self-consumption

AddedArticle 1 – paragraph 1 – point 23 e (new), Article 63 – paragraph 2: (23e) In Article 63, paragraph 2 is replaced by the following: / "2. Where an existing installation undergoes a substantial change, or falls within the scope of this Directive for the first time following a substantial change, that part of the installation which undergoes the substantial change shall be treated as a new installation."

Added(32010L0075)

Directive 2010/75/EU

Change 84

RemovedArticle 1 – paragraph 1 – point 25, Article 70i – paragraph 1 – subparagraph 2: The operating rules shall take into account inter alia the nature, type, size and density of these installations, their animal welfare policies, the specificities of pasture based cattle rearing systems, where animals are only seasonally reared in indoor installations and other aspects of sustainable animal rearing.

AddedArticle 1 – paragraph 1 – point 23 f (new), Article 64 – paragraph 2 – point d a) (new): (23f) In Article 64, paragraph 2, the following point is added: / (da) the barriers to recycling and reuse of organic solvents and ways to remove these barriers.

Directive 2010/75/EU

Change 85

RemovedArticle 1 – paragraph 1 – point 26, Article 73 – paragraph 1 – subparagraph 1: By 30 June 2028 and every 5 years thereafter, the Commission shall submit to the European Parliament and to the Council a report reviewing the implementation of this Directive. The report shall take into account the dynamics of innovation, emerging and enabling techniques, including EU 50 technologies, and the review referred to in Article 8 of Directive 2003/87/EC.

AddedArticle 1 – paragraph 1 – point 23 g (new), Article 70 – paragraph 3: (23g) In Article 70, the third paragraph is replaced by the following: / "3. Monitoring shall be carried out in accordance with CEN standards or, if CEN standards are not available, ISO, national or other international standards which ensure the provision of data of an equivalent scientific quality. This applies also to the quality assurance system of the laboratory performing the monitoring. "

Added(32010L0075)

Directive 2010/75/EU

Change 86

AddedArticle 1 – paragraph 1 – point 25, Article 70a – paragraph 1 a (new): By [the first day of the month following 24 months after the date of entry into force of the delegated act as referred to in paragraph 3] products originating from rearing activities covered by chapter VIa may be placed in the EU market provided that the installation where the rearing activity takes place complies with uniform conditions of the operating rules referred to in this Article, or if the importers provide guarantees of origin from third countries deemed to be comparable in effectiveness. The competent authorities of the Member State where the imports take place shall verify the compliance of the imported products. The Commission shall by [the first day of the month following 24 months after the date of entry into force of this Directive] put forward a delegated act to establish a WTO-consistent methodology laying power the procedure for placing products on the Union market and the verification procedure for competent authority, to ensure a level playing field.

AddedDirective 2010/75/EU

AddedArticle 1 – paragraph 1 – point 25, Article 70b – paragraph 1: Member States shall adopt measures to ensure that if two or more installations, engaged in rearing activities, are located close to each other and if their operator is the same or if the installations are under the control of operators who are engaged in an economic or legal relationship, the installations concerned shall be considered as a single unit for the purpose of calculating the capacity threshold referred to in Article 70a. Member States shall ensure that this rule is not used to circumvent the obligations set out in this directive. By ... [the first day of 24 months following the date of entry into force of this Directive], the Commission shall publish guidelines, after consulting the Member States, on the criteria to consider different installations as a single unit under paragraph 1.

AddedDirective 2010/75/EU

AddedArticle 1 – paragraph 1 – point 25, Article 70c – title: Permits and registrations

AddedDirective 2010/75/EU

AddedArticle 1 – paragraph 1 – point 25, Article 70c – paragraph 1: Member States shall take the necessary measures to ensure that no installation falling within the scope of this Chapter is operated without a permit or without being registered and that the operation of all installations as referred to in Annex Ia complies with the operating rules in uniform conditions referred to in Article 70i. / Member States shall use any similar pre-existing procedure for the registration in order to avoid creating an administrative burden. In any case, Member States shall apply a permitting procedure to the intensive rearing of poultry and pigs: / (a) with more than 40 000 places for poultry, / (b) with more than 2 000 places for production pigs (over 30 kg), or / (c) with more than 750 places for sows.

AddedDirective 2010/75/EU