Changes from adopted text to adopted text

RemovedArticle 1 – paragraph 1 – point 12, Article 15 – paragraph 4 a (new) – subparagraph 3: The competent authority shall document in an annex to the permit conditions the reasons for the application of the first subparagraph including the result of the assessment and the justification for the conditions imposed.

RemovedDirective 2010/75/EU

RemovedArticle 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.

RemovedDirective 2010/75/EU

RemovedArticle 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.

RemovedDirective 2010/75/EU

RemovedArticle 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).

RemovedDirective 2010/75/EU

RemovedArticle 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.

RemovedDirective 2010/75/EU

RemovedArticle 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].

RemovedDirective 2010/75/EU

RemovedArticle 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).

RemovedDirective 2010/75/EU

RemovedArticle 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.

RemovedDirective 2010/75/EU

RemovedArticle 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."

RemovedDirective 2010/75/EU

RemovedArticle 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.

RemovedDirective 2010/75/EU

RemovedArticle 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."

RemovedDirective 2010/75/EU

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 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.

RemovedDirective 2010/75/EU

RemovedArticle 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.

RemovedDirective 2010/75/EU

RemovedArticle 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."

RemovedDirective 2010/75/EU

RemovedArticle 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."

RemovedDirective 2010/75/EU

RemovedArticle 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."

RemovedDirective 2010/75/EU

RemovedArticle 1 – paragraph 1 – point 15 d (new), Article 21 – paragraph 3 – subparagraph 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;"

RemovedDirective 2010/75/EU

RemovedArticle 1 – paragraph 1 – point 15 e (new), Article 21 – paragraph 3 a (new): (15e) In Article 21, the following paragraph is inserted: / '3a. By way of derogation from paragraph 3, the competent authority may, in case undertakings implement deep industrial transformation in accordance with Article 3 towards Union objectives on a clean, circular and climate neutral economy by building new installations or having received the authorisation for new installations, postpone the reconsideration and updating of the permit for the activities concerned - without prejudice to the relevant provisions in the sector-specific chapters - until the transformation is completed, but not later than until 2035.'

RemovedDirective 2010/75/EU

RemovedArticle 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."

RemovedDirective 2010/75/EU

RemovedArticle 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."

RemovedDirective 2010/75/EU

RemovedArticle 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."

RemovedDirective 2010/75/EU

RemovedArticle 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.""

RemovedDirective 2010/75/EU

RemovedArticle 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;"

RemovedDirective 2010/75/EU

RemovedArticle 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:

RemovedDirective 2010/75/EU

RemovedArticle 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);

RemovedDirective 2010/75/EU

RemovedArticle 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;"

RemovedDirective 2010/75/EU

RemovedArticle 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:

RemovedDirective 2010/75/EU

RemovedArticle 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;

RemovedDirective 2010/75/EU

RemovedArticle 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:"

RemovedDirective 2010/75/EU

RemovedArticle 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.

RemovedDirective 2010/75/EU