Changes from adopted text to adopted text

RemovedArticle 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)."

RemovedDirective 2010/75/EU

RemovedArticle 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.

RemovedDirective 2010/75/EU

RemovedArticle 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.

RemovedDirective 2010/75/EU

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

RemovedDirective 2010/75/EU

RemovedArticle 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.

RemovedDirective 2010/75/EU

RemovedArticle 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).

RemovedDirective 2010/75/EU

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

RemovedDirective 2010/75/EU

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

RemovedDirective 2010/75/EU

RemovedArticle 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.

RemovedDirective 2010/75/EU

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, upon a request by the operator, set indicative 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.

RemovedDirective 2010/75/EU

RemovedArticle 1 – paragraph 1 – point 22, Article 27d – paragraph 1 – subparagraph 1: Member States shall request that by 30 June 2030 the operator includes in its environmental management system referred to in Article 14a an indicative transformation plan for the company’s grouped activities listed in points 1, 2, 3, 4, 6.1 a, and 6.1 b of Annex I. The transformation plan shall contain information on how the company 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. The transformation plan shall include specific information on how the company plans to become more energy, water and resource efficient by laying down the measures that will be implemented to reduce the overall consumption and improve the efficiency of its operations.

RemovedDirective 2010/75/EU

RemovedArticle 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.

RemovedDirective 2010/75/EU

RemovedArticle 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.

RemovedDirective 2010/75/EU

RemovedArticle 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.

RemovedDirective 2010/75/EU

RemovedArticle 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.

RemovedDirective 2010/75/EU

RemovedArticle 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.

RemovedDirective 2010/75/EU

RemovedArticle 1 – paragraph 1 – point 22, Article 27d – paragraph 3: 3. The company shall make its transformation plan, its updates as well as the results of the assessment referred to in paragraphs 1 and 2 public, as part of the publication of its environmental management system.

RemovedDirective 2010/75/EU

RemovedArticle 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.

RemovedDirective 2010/75/EU

RemovedArticle 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.

RemovedDirective 2010/75/EU

RemovedArticle 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."

RemovedDirective 2010/75/EU

RemovedArticle 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."

RemovedDirective 2010/75/EU

RemovedArticle 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;"

RemovedDirective 2010/75/EU

RemovedArticle 1 – paragraph 1 – point 22 d (new), Article 34a: (22d) The following Article 34a is inserted: / "1. Member states may, until 31 December 2029, exempt combustion plants being part of a small isolated system on [date of entry into force] from compliance with the emission limit values referred to in Article 30(2) and in Article 15(3) for sulphur dioxide, nitrogen oxides and dust or, where applicable, with the rates of desulphurisation referred to in Article 31. The emission limit values for sulphur dioxide, nitrogen oxides and dust set out in the permit of these combustion plants, pursuant in particular to the requirements of Directives 2001/80/EC and 2008/1/EC, shall at least be maintained. / The Members States shall take measures to ensure that the emissions are monitored and that no significant pollution is caused. Member States may only exempt installations from the emission limit values when all possible less polluting measures have been exhausted. The exemption shall not be made for a longer period than necessary. / 2. As from 1 January 2030, the concerned combustion plants shall comply with the emission limit values for sulphur dioxide, nitrogen oxides and dust referred to in Article 15(3). / 3. The Member States that have provided exemptions in accordance with paragraph 1 shall implement a Compliance Plan covering the combustion plants that benefit from an exemption in accordance with paragraph 1. The Compliance Plan shall contain the measures taken by the Member State to ensure compliance with the emission limit value…

RemovedDirective 2010/75/EU

RemovedArticle 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;

RemovedDirective 2010/75/EU

RemovedArticle 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.

RemovedDirective 2010/75/EU

RemovedArticle 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.

RemovedDirective 2010/75/EU

RemovedArticle 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.

RemovedDirective 2010/75/EU

RemovedArticle 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.

RemovedDirective 2010/75/EU

RemovedArticle 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."

RemovedDirective 2010/75/EU

RemovedArticle 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.

RemovedDirective 2010/75/EU