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On the proposal for a directive of the European Parliament and of the Council amending Directives 2008/98/EC, 2010/75/EU, (EU) 2015/2193 and (EU) 2024/1785 of the European Parliament and of the Council as regards simplification of some requirements and reduction of administrative burden

Full title

On the proposal for a directive of the European Parliament and of the Council amending Directives 2008/98/EC, 2010/75/EU, (EU) 2015/2193 and (EU) 2024/1785 of the European Parliament and of the Council as regards simplification of some requirements and reduction of administrative burden

Document ITRE-PA-787849 · COM(2025)0986 – C100336/2025 – 2025/0394(COD)

Kind
Opinion parliamentary committee draft ITRE-PA-787849
Date
5 May 2026
Committee
Committee on Industry, Research and Energy
Rapporteur
Jüri Ratas
Dossier
2025-0394
More facts (3)
Formats
Official page PDF Word
Subject matter
POLL, ENV, DECH
Reference
COM(2025)0986 – C100336/2025 – 2025/0394(COD)
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Cite this page Official page (opens the official site)
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In short

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The Committee on Industry, Research and Energy's draft opinion responds to the Commission's proposal to simplify environmental legislation. It proposes amendments to Directive 2010/75/EU that remove the environmental management system obligation and related requirements, and introduce a presumption that costs of meeting BAT emission levels are disproportionate. The draft opinion also amends rules on setting emission limit values, extends the permit reconsideration interval from 4 to 8 years, and adjusts Annex II on derogation assessments.

Position. The rapporteur proposes targeted amendments to the Commission proposal to simplify environmental management system requirements, remove duplicative obligations, extend permit reconsideration timelines, and introduce a presumption of disproportionality for BAT compliance costs, while preserving core environmental objectives.

Key points

  1. The rapporteur welcomes the Commission's proposal but says it does not reach the ambition needed for the Union's simplification and competitiveness goals.
  2. The opinion aims to reduce administrative burden by simplifying environmental management system requirements, removing duplicative obligations and allowing flexibility in implementation timelines, while preserving core environmental objectives.
  3. It introduces a presumption of disproportionality between costs and environmental benefits, drawing on the Net-Zero Industry Act, to ensure requirements remain realistic and economically viable.
  4. Amendment 1 adds to Recital 4 that digital solutions should be promoted to streamline procedures, improve data quality and reduce administrative burden.
  5. Amendment 2 changes Recital 7 to remove the environmental management system obligation under Article 14a of Directive 2010/75/EU.
  6. Amendments 3 to 8 delete Recitals 8, 9, 10, 11, 12 and 13, removing provisions on EMS organisational level, chemicals inventory, implementing act, auditing, postponement to 2030 and transformation plans.
  7. Amendment 9 inserts Recital 15a introducing a rebuttable presumption that costs of achieving BAT-associated emission levels are disproportionate to environmental benefits.
  8. Amendment 10 inserts Recital 20a to extend the interval for reconsideration of permit conditions under Directive 2010/75/EU.
  9. Amendment 12 changes Article 15(3) so emission limit values take into account the entire BAT-AEL range, with a cost difference of more than 10% for the strictest end presumed unreasonable.
  10. Amendment 14 inserts Article 15(5) subparagraph 1a: disproportionately higher costs are presumed where incremental costs exceed 10% of total capital investment cost, and the operator need not demonstrate disproportionality further.
  11. Amendment 17 changes Article 21(3) to extend the permit reconsideration interval from 4 to 8 years after publication of BAT conclusions.
  12. Amendments 19 to 31 amend Annex II to make assessments proportionate, allow simplified demonstrations where the presumption applies, and set out conditions for rebutting the presumption.

Who is affected

  • Operators of installations under Directive 2010/75/EU, especially small and medium-sized enterprises, benefit from reduced reporting and procedural requirements.
  • Competent authorities in member states gain flexibility in setting emission limit values and assessing derogations.
  • The environment and human health are affected by changes to emission limit values and derogation rules.

Figures and deadlines

  • A cost difference of more than 10% for achieving the strictest end of the BAT-AEL range vis-à-vis the lenient end shall be presumed unreasonable.
  • Disproportionately higher costs shall be presumed where incremental costs exceed 10% of the total capital investment cost of the transformation project.
  • The permit reconsideration interval is extended from 4 to 8 years after publication of BAT conclusions.

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Short justification

The rapporteur welcomes the Commission’s proposal and its objective to streamline and simplify the implementation of environmental legislation while maintaining a high level of environmental protection. However, the proposal does not yet reach the level of ambition needed to fully deliver on the Union’s simplification and competitiveness goals. Further improvements are therefore necessary to ensure that the framework becomes more proportionate, workable and futureproof.

Against this background, the ITRE opinion introduces targeted and pragmatic adjustments to the Commission proposal. These changes aim to reduce unnecessary administrative burden and complexity, in particular by significantly simplifying the approach to environmental management system requirements, removing duplicative or outdated obligations, and allowing greater flexibility in implementation timelines. This is intended to facilitate compliance for operators, especially small and mediumsized enterprises, which are disproportionately affected by complex reporting and procedural requirements. At the same time, the opinion preserves the core environmental objectives of the legislation.

The opinion also strengthens legal certainty and regulatory predictability by clarifying key provisions related to the application of Best Available Techniques (BAT) and by establishing a more operational and transparent framework for derogations. In particular, the introduction of a presumption of disproportionality between costs and environmental benefits ensures that requirements remain realistic and economically viable in practice. The proposed disproportionality principle in Article 15(5), including the presumption threshold, draws on a comparable approach under the NetZero Industry Act, thereby ensuring coherence with existing Union legislation and supporting a stable and predictable investment environment.

Overall, the draft opinion reflects a balanced approach that combines simplification, flexibility and legal clarity. It seeks to ensure that environmental legislation remains effective and ambitious, while being better adapted to economic and technological realities and more conducive to competitiveness, innovation and sustainable growth.

AMENDMENTS

The Committee on Industry, Research and Energy submits the following to the Committee on the Environment, Climate and Food Safety, as the committee responsible:

Amendment 1

Proposal for a directive

Recital 4

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(4) In the context of the Commission’s commitment to reduce reporting burdens and compliance costs, advance interoperability, and enhance competitiveness, it is necessary to adapt certain provisions in Directives 2008/98/EC8 , 2010/75/EU9 , (EU) 2015/219310 and (EU) 2024/178511 of the European Parliament and of the Council whilst maintaining the policy objectives of the European Green Deal, and the Sustainable Finance Action Plan12 .(4) In the context of the Commission’s commitment to reduce reporting burdens and compliance costs, advance interoperability, and enhance competitiveness, it is necessary to adapt certain provisions in Directives 2008/98/EC8 , 2010/75/EU9 , (EU) 2015/219310 and (EU) 2024/178511 of the European Parliament and of the Council whilst maintaining the policy objectives of the European Green Deal, and the Sustainable Finance Action Plan12 . The use of digital solutions should be promoted wherever possible to streamline procedures, improve data quality and availability, and reduce administrative burden for operators and competent authorities.
8 Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3, ELI: http://data.europa.eu/eli/dir/2008/98/oj).8 Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3, ELI: http://data.europa.eu/eli/dir/2008/98/oj).
9 Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (OJ L 334, 17.12.2010, p. 17, ELI: http://data.europa.eu/eli/dir/2010/75/oj).9 Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (OJ L 334, 17.12.2010, p. 17, ELI: http://data.europa.eu/eli/dir/2010/75/oj).
10 Directive (EU) 2015/2193 of the European Parliament and of the Council of 25 November 2015 on the limitation of emissions of certain pollutants into the air from medium combustion plants (OJ L 313, 28.11.2015, p.1, ELI: http://data.europa.eu/eli/dir/2015/2193/oj).10 Directive (EU) 2015/2193 of the European Parliament and of the Council of 25 November 2015 on the limitation of emissions of certain pollutants into the air from medium combustion plants (OJ L 313, 28.11.2015, p.1, ELI: http://data.europa.eu/eli/dir/2015/2193/oj).
11 Directive (EU) 2024/1785 of the European Parliament and of the Council of 24 April 2024 amending Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions (integrated pollution prevention and control) and Council Directive 1999/31/EC on the landfill of waste (OJ L, 2024/1785, 15.7.2024, ELI: http://data.europa.eu/eli/dir/2024/1785/oj).11 Directive (EU) 2024/1785 of the European Parliament and of the Council of 24 April 2024 amending Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions (integrated pollution prevention and control) and Council Directive 1999/31/EC on the landfill of waste (OJ L, 2024/1785, 15.7.2024, ELI: http://data.europa.eu/eli/dir/2024/1785/oj).
12 Communication from the Commission to the European Parliament, the European Council, the Council, the European Central Bank, the European Economic and Social Committee and the Committee of the Regions of 8 March 2018, ‘Action Plan: Financing Sustainable Growth’, COM/2018/097 final.12 Communication from the Commission to the European Parliament, the European Council, the Council, the European Central Bank, the European Economic and Social Committee and the Committee of the Regions of 8 March 2018, ‘Action Plan: Financing Sustainable Growth’, COM/2018/097 final.

Or. en

Amendment 2

Proposal for a directive

Recital 7

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(7) With a view to simplifying requirements on operators and companies, and reduce the administrative burden stemming from the preparation of the environmental management system (‘EMS’) pursuant to Article 14a of Directive 2010/75/EU of the European Parliament and of the Council14 while maintaining equivalent standards as regards the protection of human health and the environment, it is appropriate to allow, under certain conditions, several installations to be covered by a single EMS. Where, in a Member State, two or more installations are under the control of the same operator, or if the installations are under the control of different operators but belong to the same company which is formed in accordance with the legislation of a Member State, those installations may be covered by a single EMS.(7) In order to simplify requirements on operators and companies, and reduce the administrative burden stemming from the preparation of the environmental management system (‘EMS’) pursuant to Article 14a of Directive 2010/75/EU of the European Parliament and of the Council14 while maintaining equivalent standards as regards the protection of human health and the environment, it is appropriate to remove the EMS obligation.
14 Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (OJ L 334, 17.12.2010, p 17, ELI: http://data.europa.eu/eli/dir/2010/75/oj).14 Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (OJ L 334, 17.12.2010, p 17, ELI: http://data.europa.eu/eli/dir/2010/75/oj).

Or. en

Amendment 3

Proposal for a directive

Recital 8

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(8) To ensure greater consistency with existing EMS schemes such as EMAS or ISO 14001, which can be implemented at facility or company level, operators should be able to adjust the organisational level of the EMS according to the nature, scale and complexity of their installations (installation, facility or company level).deleted

Or. en

Amendment 4

Proposal for a directive

Recital 9

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(9) With a view to simplifying requirements on operators and reducing their administrative burden, the requirements set out in Article 14a of Directive 2010/75/EU for operators to develop, as part of the installation’s EMS, a chemicals inventory of the hazardous substances present in or emitted from the installation; a risk assessment of the impact of such substances on human health and the environment, as well as an analysis of the possibilities for substituting them with safer alternatives or reducing their use or emissions should be deleted, without prejudice to, where relevant, similar requirement for a chemical inventory set under other Union legislation.deleted

Or. en

Amendment 5

Proposal for a directive

Recital 10

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(10) In light of Article 5(3) of the Treaty on European Union (TEU) and Protocol (No 2) on the application of the principles of subsidiarity and proportionality, the requirement on the Commission in Article 14a(4) of Directive 2010/75/EU to adopt by 31 December 2025 an implementing act specifying the information contained in an EMS that is relevant for publication should be deleted without prejudice to the Member States obligation to ensure that the relevant information set out in the EMS and listed in Article 14a(2) of that Directive is made available on the internet, free of charge and without restricting access to registered users; in consistency with the public’ rights to access environmental information held by, or for, public authorities, both upon request and through active dissemination.deleted

Or. en

Amendment 6

Proposal for a directive

Recital 11

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(11) With a view to simplifying requirements on operators and reducing their administrative burden, the requirement set out in Article 14a(4) of Directive 2010/75/EU for the EMS to be audited should be deleted as other EMS schemes such as EMAS or ISO 14001, already contain provisions regarding regular internal and external auditing.deleted

Or. en

Amendment 7

Proposal for a directive

Recital 12

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(12) With a view to simplifying requirements on operators and reducing their administrative burden, the requirement set out in Article 14a(4) of Directive 2010/75/EU for operators to prepare and implement an EMS by 2027 should be postponed to 2030. Such EMS should be prepared in accordance with the revised Article 14a.deleted

Or. en

Amendment 8

Proposal for a directive

Recital 13

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(13) With a view to simplifying requirements and reducing administrative burden stemming from the implementation of Directive 2010/75/EU, the requirement set out in Article 27d of that Directive that Member States should require from operators by 30 June 2030 the inclusion in their EMS an indicative transformation plan should be deleted. References to transformation plans and to Article 27d which are present in Article 14a(2) point (f), and Articles 27e and 76 of Directive 2010/75/EU need to be deleted accordingly.deleted

Or. en

Amendment 9

Proposal for a directive

Recital 15 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(15a) In order to simplify and enhance legal certainty in the application of derogations from emission levels associated with the best available techniques, it is appropriate to introduce in Directive 2010/75/EU, in clearly defined circumstances, a rebuttable presumption that the costs of achieving such emission levels are disproportionate to the corresponding environmental benefits.

Or. en

Amendment 10

Proposal for a directive

Recital 20 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(20a) In order to reduce administrative burden for both operators and competent authorities and to enhance regulatory predictability, it should be appropriate to extend the interval for the reconsideration of permit conditions under Directive 2010/75/EU.

Or. en

Amendment 11

Proposal for a directive

Article 2 – paragraph 1 – point 1

Directive 2010/75/EU

Article 14a

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(1) Article 14a is replaced by the following:(1) Article 14a is deleted.

Or. en

Amendment 12

Proposal for a directive

Article 2 – paragraph 1 – point 1 a – point a – point i (new)

Directive 2010/75/EU

Article 15 – paragraph 3 – subparagraph 1 – introductory part

Amendment: Present text and Amendment
Present textAmendment
(1a) Article 15 is amended as follows:
(a) paragraph 3 is amended as follows:
(i) in first subparagraph, the introductory wording is replaced by the following:
3. The competent authority shall set the strictest achievable emission limit values by applying BAT in the installation, considering the entire range of the emission levels associated with the best available techniques (“BAT-AELs”) to ensure that, under normal operating conditions, emissions do not exceed the 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 entire BAT-AEL range, analysing the feasibility of meeting the strictest end of the BAT-AEL range and demonstrating the best overall performance that the installation can achieve by applying BAT as described in BAT conclusions, having regard to possible cross-media effects. The emission limit values shall be set through either of the following:‘3. The competent authority shall set emission limit values, taking into account the entire range of the emission levels associated with the best available techniques (“BAT-AELs”) to ensure that, under normal operating conditions, emissions do not exceed the lenient end of the 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 entire BAT-AEL range, analysing the feasibility of meeting the strictest end of the BAT-AEL range and demonstrating the best overall performance that the installation can reasonably achieve by applying BAT as described in BAT conclusions, having regard to possible cross-media effects. A cost difference of more than 10 % for achieving the strictest end of the BAT-AEL range vis-à-vis the lenient end of the BAT-AEL range shall be presumed unreasonable. The emission limit values shall be set through either of the following:’

Or. en

(02010L0075)

Amendment 13

Proposal for a directive

Article 2 – paragraph 1 – point 1 a – point a – point ii (new)

Directive 2010/75/EU

Article 15 – paragraph 3 – subparagraph 2

Amendment: Present text and Amendment
Present textAmendment
(ii) second subparagraph is replaced by the following:
Where the emission limit values are set in accordance with point (b), the competent authority shall, at least annually, assess the results of emission monitoring in order to ensure that emissions under normal operating conditions have not exceeded the BAT-AELs.‘Where the emission limit values are set in accordance with point (b), the competent authority shall, at least annually, assess the results of emission monitoring in order to ensure that emissions under normal operating conditions have not exceeded the lenient end of the BAT-AELs.’

Or. en

(02010L0075)

Amendment 14

Proposal for a directive

Article 2 – paragraph 1 – point 1 a – point b – point i (new)

Directive 2010/75/EU

Article 15 – paragraph 5 – subparagraph 1 a (new)

Amendment: Present text and Amendment
Present textAmendment
(b) paragraph 5 is amended as follows:
(i) the following subparagraph is inserted after the first subparagraph:
‘For the purposes of this paragraph, disproportionately higher costs shall be presumed where the incremental costs of achieving the emission levels associated with the applicable BAT conclusions exceed 10 % of the total capital investment cost of the transformation project concerned, as documented in the permit application. The operator shall not be required to demonstrate disproportionality by further assessment where the threshold is met. The competent authority may rebut the presumption only where it establishes, on the basis of objective evidence, that the environmental benefits of compliance with the BAT-associated emissions levels would substantially outweigh the incremental compliance costs in the specific circumstances of the installation concerned.’

Or. en

(02010L0075)

Amendment 15

Proposal for a directive

Article 2 – paragraph 1 – point 1 a – point b – point ii (new)

Directive 2010/75/EU

Article 15 – paragraph 5 – subparagraph 3

Amendment: Present text and Amendment
Present textAmendment
(ii) the third subparagraph is deleted;

Or. en

(02010L0075)

Amendment 16

Proposal for a directive

Article 2 – paragraph 1 – point 1 a – point b – point iii (new)

Directive 2010/75/EU

Article 15 – paragraph 5 – subparagraph 4

Amendment: Present text and Amendment
Present textAmendment
(iii) fourth subparagraph is replaced by the following:
Derogations granted in accordance with this paragraph shall respect the principles set out in Annex II. The competent authority shall ensure that the operator provides an assessment of the impact of the derogation on the concentration of the pollutants concerned in the receiving environment 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 could put at risk compliance with environmental quality standards referred to in Article 18.‘Derogations granted in accordance with this paragraph shall respect the principles set out in Annex II. The competent authority shall ensure that the operator provides an assessment of the impact of the derogation on the concentration of the pollutants concerned in the receiving environment 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. ‘

Or. en

(02010L0075)

Amendment 17

Proposal for a directive

Article 2 – paragraph 1 – point 1 b (new)

Directive 2010/75/EU

Article 21 – paragraph 3 – introductory part

Amendment: Present text and Amendment
Present textAmendment
(1b) In Article 21(3), the first subparagraph is replaced by the following:
3. Within 4 years of publication of decisions on BAT conclusions in accordance with Article 13(5) relating to the main activity of an installation, the competent authority shall ensure that:‘3. Within 8 years of publication of decisions on BAT conclusions in accordance with Article 13(5) relating to the main activity of an installation, the competent authority shall ensure that:
(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), (4) and (5), where applicable;(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) and (5), where applicable;
(b) the installation complies with those permit conditions.(b) the installation complies with those permit conditions.’

Or. en

(02010L0075)

Amendment 18

Proposal for a directive

Article 2 – paragraph 1 – point 6

Directive 2010/75/EU

Annex II

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(6) Annexes I, Ia and V are amended in accordance with Annex I to this Directive.(6) Annexes I, Ia, II and V are amended in accordance with Annex I to this Directive.

Or. en

(02010L0075)

Amendment 19

Proposal for a directive

Annex I – point 2 a – point a (new)

Directive 2010/75/EU

Annex II – subparagraph -1 (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
2a. Annex II to Directive 2010/75/EU is amended as follows:
(a) the following subparagraph is inserted:
‘The principles set out in this Annex shall apply without prejudice to the presumption of disproportionality established in Article 15(5), third subparagraph.’

Or. en

(02010L0075)

Amendment 20

Proposal for a directive

Annex I – point 2 a – point b (new)

Directive 2010/75/EU

Annex II – subparagraph -1 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(b) the following subparagraph is inserted:
‘The level of detail required for the assessment referred to in Article 15(5) shall be proportionate to the circumstances of the case and, where that presumption applies, shall be limited to what is necessary to verify that the conditions for its application are fulfilled.’

Or. en

(02010L0075)

Amendment 21

Proposal for a directive

Annex I – point 2 a – point c (new)

Directive 2010/75/EU

Annex II – point 1.1

Amendment: Present text and Amendment
Present textAmendment
(c) point 1.1 is replaced by the following:
1.1. Costs referred to in Article 15(5) shall be the costs of complying with the emission levels associated with best available techniques and include both capital costs and operating costs. Wider social or economic costs shall not be included.‘1.1 Costs referred to in Article 15(5) shall be the costs of complying with the emission levels associated with best available techniques and include both capital costs and operating costs.‘

Or. en

(02010L0075)

Amendment 22

Proposal for a directive

Annex I – point 2 a – point d (new)

Directive 2010/75/EU

Annex II – point 1.2

Amendment: Present text and Amendment
Present textAmendment
(d) point 1.2 is replaced by the following:
1.2. The evaluation of the costs shall be quantitative, and supported by a qualitative assessment.‘1.2. The evaluation of the costs shall be quantitative, and supported by a qualitative assessment, unless the presumption of disproportionality referred to in Article 15(5) applies, in which case a simplified demonstration of costs shall be sufficient.’

Or. en

(02010L0075)

Amendment 23

Proposal for a directive

Annex I – point 2 a – point e (new)

Directive 2010/75/EU

Annex II – point 1.4

Amendment: Present text and Amendment
Present textAmendment
(e) point 1.4 is replaced by the following:
1.4. The application for a derogation shall clearly identify the source of the costs and the methods used to calculate them, including the discount rate mentioned in point 1.3(c) and the estimation of uncertainties associated with the costs evaluation.‘1.4 The application for a derogation shall clearly identify the source of the costs and the methods used to calculate them. Where the presumption of disproportionality applies, the operator shall only be required to demonstrate that the threshold set out in Article 15(5) has been met.’

Or. en

(02010L0075)

Amendment 24

Proposal for a directive

Annex I – point 2 a – point f (new)

Directive 2010/75/EU

Annex II – point 1.5

Amendment: Present text and Amendment
Present textAmendment
(f) point 1.5 is replaced by the following:
1.5. Costs evaluated by the operator shall be assessed by the competent authority, based on information from other sources such as technology providers, peer-reviewed research, expert judgements or data from other installations where best available techniques were recently installed.‘1.5 Costs evaluated by the operator shall be assessed by the competent authority. That assessment shall be proportionate and may rely on simplified methodologies where the presumption of disproportionality applies or where the environmental impact of the installation is limited.’

Or. en

(02010L0075)

Amendment 25

Proposal for a directive

Annex I – point 2 a – point g (new)

Directive 2010/75/EU

Annex II – point 2.2

Amendment: Present text and Amendment
Present textAmendment
(g) point 2.2 is replaced by the following:
2.2. The evaluation of environmental benefits shall be quantitative (in monetary terms) and supported by a qualitative assessment. Established pollutant damage costs shall be used where available.‘2.2 The evaluation of environmental benefits shall, where appropriate, be quantitative (in monetary terms) and supported by a qualitative assessment. Where monetisation is not feasible or where the presumption of disproportionality applies, a qualitative assessment shall be sufficient.’

Or. en

(02010L0075)

Amendment 26

Proposal for a directive

Annex I – point 2 a – point h (new)

Directive 2010/75/EU

Annex II – point 2.4

Amendment: Present text and Amendment
Present textAmendment
(h) point 2.4 is replaced by the following:
2.4. The application for a derogation shall clearly identify the source of the environmental benefits information and the methods used to calculate the environmental benefits, including the discount rate mentioned in point 1.3 (c) and the estimate of uncertainties associated with the evaluation of the environmental benefits.‘2.4 The application for a derogation shall clearly identify the source of the environmental benefits information and the methods used. The level of detail required shall be proportionate and may be limited where the presumption of disproportionality applies.’

Or. en

(02010L0075)

Amendment 27

Proposal for a directive

Annex I – point 2 a – point i (new)

Directive 2010/75/EU

Annex II – point 2.5

Amendment: Present text and Amendment
Present textAmendment
(i) point 2.5 is replaced by the following:
2.5. Environmental benefits evaluated by the operator shall be assessed by the competent authority, based on expert judgement or data from other installations where the best available techniques were recently installed.‘2.5 Environmental benefits evaluated by the operator shall be assessed by the competent authority, taking into account the proportionality of the assessment and the availability of data.’

Or. en

(02010L0075)

Amendment 28

Proposal for a directive

Annex I – point 2 a – point j (new)

Directive 2010/75/EU

Annex II – point 3.1

Amendment: Present text and Amendment
Present textAmendment
(j) point 3.1 is replaced by the following:
3.1. For the purpose of determining if there is a disproportionality, the costs of complying with the emission levels associated with best available techniques, and the benefits of such compliance, shall be compared.‘3.1 For the purpose of determining if there is a disproportionality, the costs of complying with the emission levels associated with best available techniques, and the benefits of such compliance, shall be compared, unless disproportionality is presumed in accordance with Article 15(5).’

Or. en

(02010L0075)

Amendment 29

Proposal for a directive

Annex I – point 2 a – point k (new)

Directive 2010/75/EU

Annex II – point 3.2 – subparagraph 1 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(k) in point 3.2, the following subparagraph is inserted:
‘Where the presumption of disproportionality applies, the comparison mechanism may be omitted unless the competent authority seeks to rebut that presumption.’

Or. en

(02010L0075)

Amendment 30

Proposal for a directive

Annex I – point 2 a – point l (new)

Directive 2010/75/EU

Annex II – point 3.3 (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(l) the following point is inserted:
‘3.3 Where the competent authority seeks to rebut the presumption of disproportionality, it shall demonstrate, on the basis of objective and verifiable evidence, that:
(a) the environmental benefits of compliance with the emission levels associated with best available techniques are substantial;
(b) those benefits clearly outweigh the incremental costs in the specific circumstances of the installation concerned; and
(c) failure to apply those emission levels would risk significant pollution or non-compliance with environmental quality standards.’

Or. en

(02010L0075)

Amendment 31

Proposal for a directive

Annex I – point 2 a – point m (new)

Directive 2010/75/EU

Annex II – paragraph 1 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(m) the following paragraph is added:
‘The application of this Annex shall be proportionate to the scale, nature and environmental impact of the installation concerned.‘

Or. en

(02010L0075)

Back matter, 1

Parts that accompany the text rather than belong to it: explanatory statement, annexes, opinions appended by other committees. Collapsed.

Annex: declaration of input 1 block

The rapporteur for opinion declares under his exclusive responsibility that he did not include in his opinion input from interest representatives falling within the scope of the Interinstitutional Agreement on a mandatory transparency register, or from representatives of public authorities of third countries, including their diplomatic missions and embassies, to be listed in this Annex pursuant to Article 8 of Annex I to the Rules of Procedure.

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Permalink
https://news.eu-parl.st-solutions.dev/texts/ITRE-PA-787849
Data source
Licensed CC BY 4.0.
Retrieved
25 September 2026

Cite as

European Parliament (2026). “DRAFT OPINION on the proposal for a directive of the European Parliament and of the Council amending Directives 2008/98/EC, 2010/75/EU, (EU) 2015/2193 and (EU) 2024/1785 of the European Parliament and of the Council as regards simplification of some requirements and reduction of administrative burden”. Text, 5 May 2026. docId ITRE-PA-787849. EU Parl Watch Research. https://news.eu-parl.st-solutions.dev/texts/ITRE-PA-787849 (retrieved 25 September 2026). Data: EP Open Data API: document record, https://data.europarl.europa.eu/api/v2/documents/ITRE-PA-787849 (CC BY 4.0).
BibTeX 
@misc{epw-text-itre-pa-787849,
  author = {{European Parliament}},
  title = {{DRAFT OPINION on the proposal for a directive of the European Parliament and of the Council amending Directives 2008/98/EC, 2010/75/EU, (EU) 2015/2193 and (EU) 2024/1785 of the European Parliament and of the Council as regards simplification of some requirements and reduction of administrative burden}},
  year = {2026},
  date = {2026-05-05},
  howpublished = {\url{https://news.eu-parl.st-solutions.dev/texts/ITRE-PA-787849}},
  url = {https://news.eu-parl.st-solutions.dev/texts/ITRE-PA-787849},
  urldate = {2026-09-25},
  publisher = {EU Parl Watch Research},
  note = {Text. docId ITRE-PA-787849. Data: EP Open Data API: document record (CC BY 4.0)}
}