REPORT on the proposal for a directive of the European Parliament and of the Council amending Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) and Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste

19.6.2023 - (COM(2022)0156 – C9‑0144/20222 – 2022/0104(COD)) - ***I

Committee on the Environment, Public Health and Food Safety
Rapporteur: Radan Kanev
Rapporteurs for the opinions of associated committees pursuant to Rule 57 of the Rules of Procedure:
Tomas Tobé, Committee on Industry, Research and Energy
Benoît Lutgen, Committee on Agriculture and Rural Development

Amendments

Procedure : 2022/0104(COD)

Document stages in plenary

Document selected :

A9-0216/2023

Texts tabled :

A9-0216/2023

Debates :

PV 10/07/2023 - 15
CRE 10/07/2023 - 15

Votes :

PV 11/07/2023 - 8.10
CRE 11/07/2023 - 8.10
Explanations of votes
PV 12/03/2024 - 8.4
CRE 12/03/2024 - 8.4

Texts adopted :

P9_TA(2023)0259
P9_TA(2024)0123

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
EXPLANATORY STATEMENT
OPINION OF THE COMMITTEE ON INDUSTRY, RESEARCH AND ENERGY
OPINION OF THE COMMITTEE ON AGRICULTURE AND RURAL DEVELOPMENT
PROCEDURE – COMMITTEE RESPONSIBLE
FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a directive of the European Parliament and of the Council amending Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) and Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste

(COM(2022)0156 – C9‑0144/2022 – 2022/0104(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

– having regard to the Commission proposal to Parliament and the Council (COM(2022)0156),

– having regard to Article 294(2) and Article 192 paragraph 1 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C9‑0144/2022),

– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

– having regard to the reasoned opinion submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Czech Parliament, asserting that the draft legislative act does not comply with the principle of subsidiarity,

– having regard to the opinion of the Economic and Social Committee of 14 July 2022 [1],

– having regard to the opinion of the Committee of the Regions of 17 October 2022 [2],

– having regard to Rule 59 of its Rules of Procedure,

– having regard to the opinions of the Committee on Industry, Research and Energy and the Committee on Agriculture and Rural Development,

– having regard to the report of the Committee on the Environment, Public Health and Food Safety (A9-0216/2023),

1. Adopts its position at first reading hereinafter set out;

2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Amendment 1

Proposal for a directive

Recital 1

Amendment 2

Proposal for a directive

Recital 2


Text proposed by the Commission	Amendment
(2) The European Green Deal announced a revision of Union measures to address pollution from large industrial installations, including reviewing the sectoral scope of the legislation and how to make it fully consistent with climate, energy and circular economy policies. In addition, the Zero Pollution Action Plan, the Circular Economy Action Plan and the Farm to Fork Strategy also call for reducing pollutant emissions at source, including sources not currently within the scope of Directive 2010/75/EU of the European Parliament and of the Council69 . Addressing pollution from certain agro-industrial activities thus requires their inclusion within the scope of that Directive.	(2) The European Green Deal announced a revision of Union measures to address pollution from large industrial installations, including reviewing the sectoral scope of the legislation and how to make it fully consistent with climate, energy, water, air quality and circular economy policies while protecting the health and well-being of citizens, and protecting animals, from environemtnal -related risks and impacts and taking into account interconnections between human health and animal healh. In addition, the Zero Pollution Action Plan, the Circular Economy Action Plan and the Farm to Fork Strategy also call for improving resource efficiency and reuse while reducing pollutant emissions at source, including sources not currently within the scope of Directive 2010/75/EU of the European Parliament and of the Council69. Addressing pollution from certain agro-industrial activities while promoting sustainable agricultural practices that have multiple co-benefits for the environmental and climate objectives of the European Green Deal thus requires their inclusion within the scope of that Directive.
_________________	_________________
69 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. 17-119.	69 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. 17-119.

Amendment 3

Proposal for a directive

Recital 3


Text proposed by the Commission	Amendment
(3) The Union’s extractive industry is key to achieving the aims of the European Green Deal and the EU industrial strategy, including its update. Raw materials are of strategic importance for the digital and green transition, the energy, materials and circular economy transformation and to strengthen EU economic resilience. In order to achieve these objectives, sustainable domestic capacities need to be further developed. This requires effective, tailored and harmonised measures to ensure that the best available techniques are established and employed, thus applying processes that are both the most efficient and have the lowest possible impacts on the the environment and human health. The governance mechanisms of Directive 2010/75/EU that closely associate industry experts to the development of consensual and tailored environmental requirements will support the sustainable growth of those activities in the Union. The development and availability of commonly agreed standards will level the Union’s playing field while ensuring a high level of protection of human health and the environment. It is therefore appropriate to include those activities within the scope of Directive 2010/75/EU.	(3) The Union’s extractive industry is key to achieving the aims of the European Green Deal and the EU industrial strategy, including its update. Raw materials are of strategic importance for the digital and green transition, the energy, materials and circular economy transformation and to strengthen EU economic resilience and autonomy. In order to achieve these objectives, sustainable domestic capacities and supply need to be further developed, especially in light of the growing global demand, the vulnerability of supply chains and geopolitical tensions. This requires effective, tailored and harmonized measures only for activities concerning certain metalliferous ores and specific industrial ores which have a significant impact on the environment and/or consumption of water and energy such as chemical processing, confirmed by an impact assessment, to ensure that the best available techniques are established and employed, thus applying processes that are both the most efficient and have the lowest possible impacts on human health and the environment. The Commission should, based on an impact assessment, establish an exhaustive list of such activities concerning certain industrial ores. The governance mechanisms of Directive 2010/75/EU that closely associate industry experts to the development of consensual and tailored environmental requirements will support the sustainable growth of those activities in the Union. The development and availability of commonly agreed standards will level the Union’s playing field while ensuring a high level of protection of human health and the environment. It is therefore appropriate to include those activities within the scope of Directive 2010/75/EU as well as to empower the Commission to adopt a delegated act in order to amend the relevant provisions of Annex I to Directive 2010/75/EU, in the event of new large discoveries of minerals in the Union that have a significant environmental impact.

Amendment 4

Proposal for a directive

Recital 3 a (new)


Text proposed by the Commission	Amendment
	(3a) Persistent problems with odours (‘olfactory pollution’) as well as problems with the discharge of industrial waste water that can be aggravated by seasonal fluctuations of environmental conditions, are a matter of particular concern in numerous areas within the Union and they are not adequately addressed in existing Union legislation. This amending act should take into account the impact of olfactory and industrial water discharges pollution on the health, quality of the environment and quality of life of Union citizens.

Amendment 5

Proposal for a directive

Recital 4


Text proposed by the Commission	Amendment
(4) Rearing of pigs, poultry and cattle cause significant pollutant emissions into the air and water. In order to reduce such pollutant emissions, including ammonia, methane, nitrates and greenhouse gas emissions and thereby improve air, water and soil quality, it is necessary to lower the threshold above which pigs and poultry installations are included within the scope of Directive 2010/75/EU and to include also cattle farming within that scope. Relevant BAT requirements take into consideration the nature, size, density and complexity of these installations, including the specificities of pasture based cattle rearing systems, where animals are only seasonally reared in indoor installations, and the range of environmental impacts they may have. The proportionality requirements in BATs aim to incentivise farmers to implement the necessary transition towards increasingly environmentally friendly agricultural practices.	(4) Rearing of pigs, poultry and cattle, while contributing to food security, cause significant pollutant emissions into the air and water. In order to reduce such pollutant emissions, including ammonia, methane, nitrates and greenhouse gas emissions and thereby improve air, water and soil quality, it is necessary to lower the threshold above which large pigs and poultry installations are included within the scope of Directive 2010/75/EU and to include also large cattle farming within that scope. Relevant BAT requirements take into consideration the nature, size, density and complexity of these installations, including the specificities of pasture based cattle rearing systems, where animals are only seasonally reared in indoor installations, and the range of environmental impacts they may have. The proportionality requirements in BATs aim to incentivise farmers to implement the necessary transition towards increasingly environmentally friendly agricultural practices. High environmental standards in both industrial activities and intensive animal rearing tend to increase the production value of products, complying with the requirements of Union environmental legislation. It is therefore essential, in order to promote higher environmental standards worldwide, to introduce reciprocity with producers outside of the Union, thus incentivising the import onto the internal market of products complying with similar environmental obligations, starting with agricultural production under Annex Ia as provided for in this Directive and potentially extending such reciprocity to industrial activities

Amendment 6

Proposal for a directive

Recital 5


Text proposed by the Commission	Amendment
(5) A significant increase in the number of large-scale installations for the production of batteries for electric vehicles will likely take place within the Union up to 2040, increasing the Union’s share of the global battery production. Whilst several of the activities of the batteries value chain are already regulated by Directive 2010/75/EU and batteries are regulated as products by Regulation (EU) .../... of the European Parliament and of the Council* +., it is still necessary to include in the scope of the Directive large installations manufacturing batteries, ensure that they are also covered by the requirements set out in Directive 2010/75/EU and therefore contribute to a more sustainable growth of batteries manufacturing. Including large installations manufacturing batteries in the scope of Directive 2010/75/EU will improve in a holistic way the sustainability of batteries and minimise their impact on the environment throughout their life cycle.	(5) A significant increase in the number of large-scale installations for the production of batteries for electric vehicles will likely take place within the Union up to 2030, increasing the Union’s share of the global battery production. Whilst several of the activities of the batteries value chain are already regulated by Directive 2010/75/EU, other activities, such as the assembly of battery modules and battery packs fall clearly outside of its scope. Furthermore, batteries as products are regulated by Regulation (EU).../... of the European Parliament and of the Council* +. However, it is still necessary to include in the scope of the Directive large installations manufacturing batteries, except for installations exclusively assembling battery modules and battery packs, thereby ensuring that such large manufacturing installations are also covered by the requirements set out in Directive 2010/75/EU and therefore contribute to a more sustainable growth of batteries manufacturing. Including large installations manufacturing batteries in the scope of Directive 2010/75/EU will improve in a holistic way the sustainability of batteries and minimise their impact on the environment throughout their life cycle

Amendment 7

Proposal for a directive

Recital 5 a (new)


Text proposed by the Commission	Amendment
	(5a) Renewable hydrogen will be key to replacing fossil fuels in hard-to decarbonise, energy-intensive industries and transport, diversifying the Union’s energy mix and boosting the progress towards climate neutrality by 2050 at the latest. Hydrogen production through water electrolysis has a much lower environmental impact than its production in conventional hydrogen plants, with the water footprint being a crucial, and a very location-specific parameter dependent on the local water availability, consumption, degradation, and pollution. Although it requires high quality water for its production, hydrogen as an energy carrier offers great potential for self-sufficiency to small and medium-sized enterprises.

Amendment 8

Proposal for a directive

Recital 6


Text proposed by the Commission	Amendment
(6) With a view to further strengthening public access to environmental information, it is necessary to clarify that permits for installations granted pursuant to Directive 2010/75/EU are to be made available to the public on the Internet, free of charge and without restricting access to registered users. A uniform summary of permits should also be made available to the public under the same conditions.	(6) With a view to further strengthening public access to environmental information, it is necessary to clarify that permits for installations granted pursuant to Directive 2010/75/EU are to be made available to the public on the Internet, free of charge and without restricting access to registered users while ensuring that confidential business information is safeguarded. A uniform summary of permits should also be made available to the public under the same conditions. To that end, the Commission should establish guidelines on the publication of permits.

Amendment 9

Proposal for a directive

Recital 8


Text proposed by the Commission	Amendment
(8) Member States should also adopt compliance assurance measures to promote, monitor and enforce compliance with obligations placed on natural or legal persons under Directive 2010/75/EU. As part of compliance assurance measures, competent authorities should be able to suspend the operation of an installation where a continued breach of the permit conditions and the non-implementation of the findings of the inspection report pose or risk causing a danger to human health or a significant adverse effect upon the environment, in order to stop that danger.	(8) Member States should also adopt compliance assurance measures to promote, monitor and enforce compliance with obligations placed on natural or legal persons under Directive 2010/75/EU. As part of compliance assurance measures, in order to stop that danger, competent authorities should suspend the operation of an installation where a continued breach of the permit conditions and the non-implementation of the findings of the inspection report pose or risk causing a danger to human health or a significant adverse effect upon the environment of one or several Member States, for instance, through waste water discharges, and adversely affects ecosystem services, such as the provision of drinking water. The competent authority should improve the communication with affected stakeholders and inform drinking water and waste water operators and cross-border competent authorities affected by a breach.

Amendment 10

Proposal for a directive

Recital 9


Text proposed by the Commission	Amendment
(9) In order to foster energy efficiency of installations within the scope of Directive 2010/75/EU which are carrying out activities listed in Annex I to Directive 2003/87/EC, it is appropriate to submit those installations to energy efficiency requirements in respect of combustion units or other units emitting carbon dioxide on the site.	(9) In order to foster energy efficiency of installations within the scope of Directive 2010/75/EU which are carrying out activities listed in Annex I to Directive 2003/87/EC, it is appropriate to apply the ‘energy efficiency-first’ principle and submit installations that fail to implement a certified energy management system, or those that fail to implement the results of a certified energy audit, to energy efficiency requirements in respect of combustion units or other units emitting carbon dioxide on the site. The REPowerEU Planstates that energy efficiency measures can improve resilience in the event of disruption of energy imports from third countries to the Union and its member states, particularly in the event of geopolitical conflicts.

Amendment 11

Proposal for a directive

Recital 10


Text proposed by the Commission	Amendment
(10) The evaluation of Directive 2010/75/EU concluded that there is a need to strengthen the links between that Directive and Regulation (EC) No 1907/200671 , to better address the risks of the use of chemicals in installations whithin the scope of Directive 2010/75/EU. In order to develop synergies between the work carried out by the European Chemicals Agency (ECHA) on chemicals and the preparation of BAT reference documents under Directive 2010/75/EU, ECHA should be given a formal role in such preparation of BAT reference documents.	(10) The evaluation of Directive 2010/75/EU concluded that there is a need to strengthen the links between that Directive and Regulation (EC) No 1907/200671, to better address the risks of the use of chemicals in installations within the scope of Directive 2010/75/EU. In order to develop synergies, in particular on minimizing emissions of persistent, bioaccumulative and toxic substances, between the work carried out by the European Chemicals Agency (ECHA) on chemicals, and the preparation of BAT reference documents under Directive 2010/75/EU, ECHA should be given a formal role in in such preparation of BAT reference documents. In addition, this process would benefit from the expertise of the European Environment Agency.
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71 Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency (ECHA) (OJ L 396, 30.12.2006, p.1).	71 Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency (ECHA) (OJ L 396, 30.12.2006, p.1).

Amendment 12

Proposal for a directive

Recital 11


Text proposed by the Commission	Amendment
(11) In order to facilitate the exchange of information supporting the determination of emission levels and environmental performance levels associated with best available techniques (BAT), while maintaining the integrity of confidential business information, the procedures for the handling of information qualifying as confidential business information or sensitive commercial information, and as collected from the industry in the context of the exchange of information organised by the Commission for the purpose of drafting, reviewing or updating BAT reference documents should be specified. It should be ensured that individuals participating in the exchange of information do not share information qualifying as confidential business information or sensitive commercial information with any representative of undertakings or trade associations having an economic interest in the concerned industrial activities and related markets. Such exchange of information is without prejudice to Union competition law, in particular Article 101 of the Treaty on the Functioning of the European Union (TFEU).	(11) In order to facilitate the exchange of information supporting the determination of emission levels and environmental performance levels associated with best available techniques (BAT), while maintaining the integrity of confidential business information, the procedures for the handling of information qualifying as confidential business information or sensitive commercial information, and as collected from the industry in the context of the exchange of information organised by the Commission for the purpose of drafting, reviewing or updating BAT reference documents should be specified. It should be ensured, including, for example, by means of confidentiality and non-disclosure agreements and anonymisation of data, that individuals participating in the exchange of information do not share information qualifying as confidential business information or sensitive commercial information with any representative of undertakings or trade associations having an economic interest in the concerned industrial activities and related markets. Such exchange of information is without prejudice to Union competition law, in particular Article 101 of the Treaty on the Functioning of the European Union (TFEU).

Amendment 13

Proposal for a directive

Recital 12


Text proposed by the Commission	Amendment
(12) To ensure the protection of human health and the environment as a whole, synergies and coordination with other relevant Union environmental legislation are necessary, at all stages of its implementation.Therefore, all relevant competent authorities that ensure compliance with relevant Union environmental legislation should be duly consulted before the granting of a permit under Directive 2010/75/EU.	(12) To ensure the protection of human health and the environment as a whole synergies and coordination with other relevant Union environmental legislation are necessary, at all stages of its implementation. Therefore, all relevant competent authorities that ensure compliance with relevant Union environmental legislation, in particular with Directive (EU) 2016/2284 of the European Parliament and of the Council of 14 December 2016, should be duly consulted before the granting of a permit under Directive 2010/75/EU.

Amendment 14

Proposal for a directive

Recital 13


Text proposed by the Commission	Amendment
(13) With a view to continuously improving the environmental performance and safety of the installation, including by preventing waste generation, optimising resource use and water reuse, and preventing or reducing risks associated with the use of hazardous substances, the operator should establish and implement an environmental management system (EMS) in accordance with relevant BAT conclusions, and should make it available to the public. The EMS should also cover the management of risks related to the use of the hazardous substances and an analysis of the possible substitution of hazardous substances by safer alternatives.	(13) With a view to continuously improving the environmental performance and safety of the installation, including by preventing waste generation, optimising resource and water use and reuse, and preventing or reducing risks associated with the use of hazardous substances, the operator should establish and implement an environmental management system (EMS) in accordance with relevant BAT conclusions. The EMS should be developed in a way that reflects the nature, scale and complexity of the installation, as well as the environmental impacts it may have. The EMS should be audited and made freely available to the public on the internet. The EMS should also cover the management of risks related to the use of the hazardous substances and an analysis of the possible substitution of hazardous substances by safer alternatives.

Amendment 15

Proposal for a directive

Recital 14


Text proposed by the Commission	Amendment
(14) It is necessary to specify further the conditions under which the competent authority, when setting emission limit values applicable to pollutant releases to water in a permit granted under Directive 2010/75/EU, may take account of the downstream treatment processes in a waste water treatment plant, in order to ensure that such releases do not lead to an increased load of pollutants in receiving waters when compared to a situation where the installation applies BAT and meets emission levels associated with the best available techniques for direct releases.	(14) It is necessary to specify further the conditions under which the competent authority, when setting emission limit values applicable to pollutant releases to water in a permit granted under Directive 2010/75/EU, may take account of the downstream treatment processes in a waste water treatment plant, in order to ensure that such releases do not lead to an increased load of pollutants in receiving waters or impede the capacity or potential to recover resources from the waste water treatment stream when compared to a situation where the installation applies BAT and meets emission levels associated with the best available techniques for direct releases.

Amendment 16

Proposal for a directive

Recital 15


Text proposed by the Commission	Amendment
(15) Providing a high level of protection of human health and the environment as a whole requires inter alia the establishment in permits of emission limit values at a level that ensures compliance with the applicable emission levels associated with the best available techniques set out in the BAT conclusions. Emission levels associated with the best available techniques (BAT-AELs) are usually expressed as ranges, rather than as single values, to reflect the differences within a given type of installations that result in variations in the environmental performances achieved when applying BAT. For example, a given BAT will not deliver the same performance for different installations, some BATs may not be suitable for use in certain installations, or a combination of BATs may be more effective on some pollutants or environmental media than others. The achievement of a high level of protection of human health and the environment as a whole has been jeopardised by the practice of setting emission limit values at the laxest end of the range of emission levels associated with the best available techniques, without considering the potential of a given installation to achieve lower emission levels through the application of best available techniques. Such practice discourages frontrunners from implementing more effective techniques, and hinders the achievement of a level-playing field at a high level of protection of human health and the environment. Competent authorities should therefore be required to set in permits the lowest possible emission limit values which reflect the performance of BAT for the specific installations, taking into consideration the whole range of BAT-AELs and aiming at the best environmental performance possible for the installations; unless the operator demonstrates that applying best available techniques as described in the BAT conclusions only allows the concerned installation to meeting less strict emission limit values.	(15) Providing a high level of protection of human health and the environment as a whole requires inter alia the establishment in permits of emission limit values at a level that ensures compliance with the applicable emission levels associated with the best available techniques set out in the BAT conclusions. Emission levels associated with the best available techniques (BAT-AELs) are usually expressed as ranges, rather than as single values, to reflect the differences within a given type of installations that result in variations in the environmental performances achieved when applying BAT. For example, a given BAT will not deliver the same performance for different installations, some BATs may not be suitable for use in certain installations, or a combination of BATs may be more effective on some pollutants or environmental media than others. The achievement of a high level of protection of human health and the environment as a whole has been jeopardised by the practice of setting emission limit values at the laxest end of the range of emission levels associated with the best available techniques, without considering the potential of a given installation to achieve lower emission levels through the application of best available techniques. Such practice discourages frontrunners from implementing more effective techniques, and hinders the achievement of a level-playing field at a high level of protection of human health and the environment. Therefore, the competent authority should set emission limit values, taking into account the entire range of the BAT AELs, at the strictest achievable level for the specific installation. The emission limit values should take into account cross-media effects, should be based on an assessment by the operator analysing the feasibility of meeting the strictest end of the BAT AEL range and aiming at the best overall environmental performance for the specific installation under standard normal operating conditions, while taking into consideration standard operating fluctuations in cases of short-term averages, unless the operator demonstrates that applying best available techniques as described in the BAT conclusions only allows the concerned installation to meeting less strict emission limit values.

Amendment 17

Proposal for a directive

Recital 16


Text proposed by the Commission	Amendment
(16) The contribution of Directive 2010/75/EU to resource and energy efficiency and circular economy in the Union should be made more effective, taking into consideration the ‘Energy Efficiency First’ as a guiding principle of the Union energy policy. Therefore, the permits should establish, where possible, mandatory environmental performance limit values on consumption and resource efficiency levels, including on the use of water, energy and recycled materials, based on the environmental performance levels associated with the best available techniques (BAT AEPLs) set out in decisions on BAT conclusions.	(16) The contribution of Directive 2010/75/EU to resource and energy efficiency and circular economy in the Union should be made more effective, taking into consideration the ‘Energy Efficiency First’ as a guiding principle of the Union energy policy. Therefore, the permits should establish, where possible, indicative environmental performance limit values, provided that the lower performing end of the mandatory range is ensured on consumption and resource efficiency levels, including on the use of water, energy and recycled materials, based on the environmental performance levels associated with the best available techniques (BAT AEPLs) set out in decisions on BAT conclusions, while taking into account the higher energy consumption related to certain decarbonisation and depollution activities and processes, and to emerging and innovative techniques and the whole industrial ecosystem. Competent authorities should be able to grant temporary derogations only where an assessment shows that the achievement of environmental performance limit values with the best available techniques as described in BAT conclusions would lead to disproportionately higher costs compared to the environmental benefits and cross-media effects, and when a high level of protection of the environment as a whole is achieved.

Amendment 18

Proposal for a directive

Recital 17


Text proposed by the Commission	Amendment
(17) With a view to preventing or minimising the emission of pollutants by installations within the scope of Directive 2010/75/EU and to levelling the playing field across the Union, the conditions under which derogations from emissions limit values can be granted should be better framed through general principles, in order to ensure a more harmonized implementation of such derogations throughout the Union. Moreover, derogations from emissions limit values should not be granted where they may put at risk compliance with environmental quality standards.	(17) With a view to preventing or minimising the emission of pollutants by installations within the scope of Directive 2010/75/EU and to levelling the playing field across the Union, the conditions under which derogations from emissions limit values can be granted should be better framed through general principles. Clear criteria, including the maximum duration and timeline for revision of derogations, need to be provided in order to ensure a more harmonized implementation of such derogations throughout the Union. Moreover, derogations from emissions limit values should not be granted where they may put at risk compliance with environmental quality standards.

Amendment 19

Proposal for a directive

Recital 18


Text proposed by the Commission	Amendment
(18) The evaluation of Directive 2010/75/EU concluded that there was some discrepancy in compliance assessment approaches for installations covered by Chapter II of that Directive. In order to achieve a high level of protection of the environment as a whole, ensure a consistent implementation of Union law and a level-playing field throughout the Union, while minimising the administrative burden on businesses and public authorities, the Commission should set common rules for assessing compliance with emission limit values and validation of measured levels for both air and water emissions based on best available techniques. Those compliance assessment rules should take precedent over the rules set out in Chapters III and IV on assessment of compliance with emission limit values contained in Annexes V and VI to Directive 2010/75/EU.	(18) The evaluation of Directive 2010/75/EU concluded that there was some discrepancy in compliance assessment approaches for installations covered by Chapter II of that Directive. In order to achieve a high level of protection of the environment as a whole, ensure a consistent implementation of Union law and a level-playing field throughout the Union, while minimising the administrative burden on businesses and public authorities and preventing corruption risks, the Commission should set common rules for assessing compliance with emission limit values and validation of measured levels for both air and water emissions based on best available techniques. Those compliance assessment rules should take precedent over the rules set out in Chapters III and IV on assessment of compliance with emission limit values contained in Annexes V and VI to Directive 2010/75/EU.

Amendment 20

Proposal for a directive

Recital 18 a (new)


Text proposed by the Commission	Amendment
	(18a) Member States, with the support of the Commission, should ensure that harmonised environmental monitoring methods, including emerging monitoring techniques, for example via honeybee colonies, for the detection of relevant pollutants, are streamlined.

Amendment 21

Proposal for a directive

Recital 19


Text proposed by the Commission	Amendment
(19) Environmental quality standards refer to all the requirements set out in Union law, such as Union legislation on air and water; which must be fulfilled at a given time by a given environment or particular part thereof. Therefore it is appropriate to clarify that when granting a permit to an installation, competent authorities should not only set out conditions to ensure compliance of the installation’s operations with the best available techniques conclusions, but should also, where appropriate with a view to reducing the specific contribution of the installation to the pollution occurring in the relevant area, include specific additional conditions in the permit stricter than those set in relevant BAT conclusions, so as to ensure the installation’s compliance with environmental quality standards. Such conditions may consist in setting stricter emission limit values or limiting the operation or capacity of the installation.	(19) Environmental quality standards refer to all the requirements set out in Union law, such as Union legislation on air, and water; which must be fulfilled at a given time by a given environment or particular part thereof. Therefore it is appropriate to clarify that when granting a permit to an installation, competent authorities should not only set out conditions to ensure compliance of the installation’s operations with the best available techniques conclusions, but should also, where appropriate with a view to reducing the specific contribution of the installation to the pollution occurring in the relevant area, and taking into consideration the cumulative effect of the installations in the same geographical area, include specific additional conditions in the permit stricter than those set in relevant BAT conclusions, so as to ensure the installation’s compliance with environmental quality standards. Such conditions may consist in setting stricter emission limit values or limiting the operation or capacity of the installation.

Amendment 22

Proposal for a directive

Recital 20


Text proposed by the Commission	Amendment
(20) Permit conditions should be regularly reviewed and, where necessary, updated by the competent authority to ensure compliance with relevant legislation. Such review or update should also take place where it is necessary for the installation to comply with an environmental quality standard, including in the case of a new or revised environmental quality standard or where the status of the receiving environment requires a revision of the permit in order to achieve compliance with plans and programmes set under Union legislation, such as the river basin management plans under Directive 2000/60/EC of the European Parliament and of the Council72 .	(20) To ensure that permits granted under Directive 2010/75/EU address the need to improve performance, permit conditions should be regularly reviewed, and, where necessary, updated by the competent authority to ensure compliance with relevant legislation. The frequency of such reviews should be 8 years. Such reconsiderations of the permit should also take place where it is necessary for the installation to comply with an environmental quality standard, including in the case of a new or revised environmental quality standard or where the status of the receiving environment requires a revision of the permit in order to achieve compliance with plans and programmes set under Union legislation, such as the river basin management plans under Directive 2000/60/EC of the European Parliament and of the Council72.
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72 Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ L 327, 22.12.2000).	72 Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ L 327, 22.12.2000).

Amendment 23

Proposal for a directive

Recital 20 a (new)


Text proposed by the Commission	Amendment
	(20a) Given the general principle of the non-retroactive application of a law, new requirements for the emission limit values and the environmental performance limit values should only apply to installations when a permit update is required as a result of the adoption of a new BAT Conclusion after the end date for transposition of this directive, or when the environmental quality standards or the operational safety of the installation require a permit update and at the latest by 10 years after entry into force. Conversely, for new installations which have started the application procedure after the date of transposition of this directive the new requirements for emission limit values should be applicable.

Amendment 24

Proposal for a directive

Recital 23


Text proposed by the Commission	Amendment
(23) Transboundary cooperation should take place prior to the granting of permits where more than one Member State may be affected by the operation of an installation, and should include prior information and consultation of the public concerned and competent authorities in the other Member States which may be affected.	(23) Transboundary cooperation through appropriate regional communication channels should take place prior to reconsideration or the granting of permits where more than one Member State may be affected by the operation of an installation, and should include prior information and consultation of the public concerned and competent authorities in the other Member States which may be affected.

Amendment 25

Proposal for a directive

Recital 24


Text proposed by the Commission	Amendment
(24) The evaluation of Directive 2010/75/EU found that, even if it should foster the transformation of European industry, it is not dynamic enough and does not sufficiently support the deployment of innovative processes and technologies. It is therefore appropriate to facilitate the testing and deployment of emerging techniques with improved environmental performance, to facilitate cooperation with researchers and industries in publicly funded research projects subject to the conditions foreseen in the relevant European and national funding instruments, as well as to set up a dedicated centre to support innovation by collecting and analysing information on innovative techniques, including emerging techniques, relevant to activities within the scope of that Directive and to characterise their level of development from research to deployment (technology readiness level or ‘TRL’) and their environmental performance. This will also inform the exchange of information on drawing up, reviewing and updating BAT reference documents. Innovative techniques to be collected and analysed by the centre should be at least at the level of technology demonstrated in relevant environment (industrially relevant environment in the case of key enabling technologies) or system prototype demonstration in operation environment (TRL 6-7).	(24) The evaluation of Directive 2010/75/EU found that, even if it should foster the transformation of European industry, it is not dynamic enough and does not sufficiently support the deployment of innovative processes and technologies, including those that are essential for the twin green and digital transition and the achievement of the objectives of the European Climate Law. Without prescribing the use of any technique or specific technology, it is therefore appropriate to facilitate the testing and deployment of emerging techniques with improved environmental performance, to facilitate cooperation with researchers and industries in publicly funded research projects subject to the conditions foreseen in the relevant European and national funding instruments, as well as to set up a dedicated centre to support innovation by collecting and analysing information on innovative techniques, including emerging techniques, relevant to activities within the scope of that Directive and to characterise their level of development from research to deployment (technology readiness level or ‘TRL’) and assess the level of the environmental performance of those techniques, while taking into account any potential limitation with regard to the availability of data. This will also inform the exchange of information on drawing up, reviewing and updating BAT reference documents. Innovative techniques to be collected and analysed by the centre should be at least at the level of technology demonstrated in relevant environment (industrially relevant environment in the case of key enabling technologies) or system prototype demonstration in operation environment (TRL 6-7).

Amendment 26

Proposal for a directive

Recital 25


Text proposed by the Commission	Amendment
(25) Achieving Union objectives regarding a clean, circular and climate neutral economy by 2050 calls for a deep transformation of the Union economy. Consistently with the 8th Environmental Action Programme, operators of installations covered by Directive 2010/75/EU should therefore be required to include transformation plans in their environmental management systems. Such transformation plans will also complement the Corporate Sustainability Reporting requirements under Directive 2013/34/EU of the European Parliament and of the Council75 by providing a means for concrete implementation of these requirements at installation level. The first priority is the transformation of energy-intensive activities listed in Annex I. Therefore, the operators of energy-intensive installations should produce transformation plans by 30 June 2030. Operators of installations carrying out other activities listed in Annex I should be required to produce transformation plans as part of the permit reconsideration and update following the publication of decisions on BAT conclusions published after 1 January 2030. Whilst the transformation plans should remain indicative documents prepared under the responsibility of the operators, the audit organisation contracted by the operators as part of their environmental management systems should check that they contain the minimum information to be set by the European Commission in an implementing act, and the operators should make the transformation plans public.	(25) Achieving Union objectives regarding a clean, circular and climate neutral economy by 2050 calls for a deep transformation of the Union economy. Consistently with the 8th Environmental Action Programme, operators of installations covered by Directive 2010/75/EU should therefore be required to include indicative transformation plans at group, corporate or installation level in their environmental management systems. Such transformation plans will also complement the Corporate Sustainability Reporting requirements under Directive 2013/34/EU of the European Parliament and of the Council75, whereas for transformation plans, information or data that are already reported under other Union legislation, such as Directive (EU) 2022/2464 of the European Parliament and of the Council 75a or the Directive on corporate sustainability due diligence [OJ: please insert the reference number for 2022/0051(COD)]75b it should be possible to simply make a reference if they are compliant with the elements of the transformation plans The first priority is the transformation of energy-intensive activities listed in Annex I. Therefore, the operators of energy-intensive installations, for which a derogation is granted or which are among the 200 most polluting installations except for installations with a closure plan for 2035 should produce transformation plans by 30 June 2027 at installation level. The second priority is that all other operators of energy-intensive installations should produce transformation plans by 30 June 2029 at group or corporate level with reference to each installation. Similarly operators of installations carrying out other activities listed in Annex I should be required to produce transformation plans by 1 January 2030. Whilst the transformation plans should remain indicative documents prepared under the responsibility of the operators, the audit organisation contracted by the operators as part of their environmental management systems should check that they contain the minimum information to be set by the European Commission in a delegated act, and the operators should make the transformation plans public, while respecting confidentiality and not disclosing sensitive business information. The Commission should carry out a mid-term review of the delegated act of the transformation plan in 2035, following which it should revise the transformation plans.
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75 Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings, amending Directive 2006/43/EC of the European Parliament and of the Council and repealing Council Directives 78/660/EEC and 83/349/EEC; OJ L 182, 29.6.2013, p. 19–76.	75 Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings, amending Directive 2006/43/EC of the European Parliament and of the Council and repealing Council Directives 78/660/EEC and 83/349/EEC; OJ L 182, 29.6.2013, p. 19–76.
	75a Directive (EU) 2022/2464 of the European Parliament and of the Council of 14 December 2022 amending Regulation (EU) No 537/2014, Directive 2004/109/EC, Directive 2006/43/EC and Directive 2013/34/EU, as regards corporate sustainability reporting (OJ L 322, 16.12.2022, p.15).
	75b Proposal for a directive of the European Parliament and of the Council on Corporate Sustainability Due Diligence and amending Directive (EU) 2019/1937

Amendment 27

Proposal for a directive

Recital 25 a (new)


Text proposed by the Commission	Amendment
	(25a) Considering the water-related risks for, and risks to water by, industrial activities, especially taking into account the current situation regarding droughts and floods in Europe or the rising sea levels, digital tools such as digitalized management systems might help to quantitatively and qualitatively assess, manage water-related risks and help operators in the transformation of their installations.

Amendment 28

Proposal for a directive

Recital 29


Text proposed by the Commission	Amendment
(29) In order to ensure that Directive 2010/75/EU continues meeting its objectives to prevent or reduce emissions of pollutants and achieve a high level of protection of human health and the environment, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to supplement that Directive in order to establish operating rules containing requirements for activities relating to rearing of poultry, pigs and cattle, and to amend Annexes I and Ia to that Directive by adding an agro-industrial activity to ensure that it meets its objectives to prevent or reduce pollutants emissions and achieve a high level of protection of human health and the environment. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 201677 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.	(29) In order to ensure that Directive 2010/75/EU continues meeting its objectives to prevent or reduce emissions of pollutants and achieve a high level of protection of human health and the environment, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to supplement that Directive in order to establish operating rules containing requirements for activities relating, irrespective of their permitting or registration procedures, to large-scale rearing of animals under Annex Ia to this Directive. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 201677. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.
_________________	_________________
77 Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making; OJ L 123, 12.5.2016, p. 1–14.	77 Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making; OJ L 123, 12.5.2016, p. 1–14.

Amendment 29

Proposal for a directive

Recital 30


Text proposed by the Commission	Amendment
(30) In order to ensure uniform conditions for the implementation of Directive 2010/75/EU, implementing powers should be conferred on the Commission as regards the establishment of (i) the format to be used for the permit summary; (ii) a standardised methodology for assessing the disproportionality between the costs of implementation of the BAT conclusions and the potential environmental benefits, (iii) the measuring method for assessing compliance with emission limit values set out in the permit with regard to emissions to air and water, (iv) the detailed arrangements necessary for the establishment and functioning of the innovation centre for industrial transformation and emissions, and (v) the format to be used for transformation plans. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council78 .	(30) In order to ensure uniform conditions for the implementation of Directive 2010/75/EU, implementing powers should be conferred on the Commission as regards the establishment of (i) the format to be used for the permit summary; (ii) a standardised methodology for assessing the disproportionality between the costs of implementation of the BAT conclusions and the potential environmental benefits taking into consideration the ‘Value of Statistical Life’ (VSL) method, if appropriate, (iii) the measuring method for assessing compliance with emission limit values set out in the permit with regard to emissions to air and water, (iv) the detailed arrangements necessary for the establishment and functioning of the innovation centre for industrial transformation and emissions, and (v) the format to be used for transformation plans. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council78.
_________________	_________________
78 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).	78 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).

Amendment 30

Proposal for a directive

Recital 31


Text proposed by the Commission	Amendment
(31) In order to ensure the effective implementation and enforcement of the obligations set out in Directive 2010/75/EU, it is necessary to specify the minimum content of effective, proportionate and dissuasive penalties. Disparities in penalties regimes, the fact that imposed penalties are deemed in many cases too low to truly have a deterrent effect on illegal behaviours, and the lack of uniform implementation across Member States, undermine the level playing field on industrial emissions throughout the Union. Account should be taken of Directive 2008/99/EC on the protection of the environment through criminal law where a detected infringement under this Directive constitutes an offence within the scope Directive 2008/99/EC.	(31) In order to ensure the effective implementation and enforcement of the obligations set out in Directive 2010/75/EU, it is necessary to specify the minimum content of effective, proportionate and dissuasive penalties. Disparities in penalties regimes, the fact that imposed penalties are deemed in many cases too low to truly have a deterrent effect on illegal behaviours, and the lack of uniform implementation across Member States, undermine the level playing field on industrial emissions throughout the Union. The Commission should support the Member States in the uniform implementation by adopting guidelines. Such guidelines should include the principle of compensating, as a priority, local communities in which the harm was caused. Member States should respect the provisions of the Charter of Fundamental Rights of the European Union, in particular the ne bis in idem principle and the proportionality principle. Account should be taken of Directive 2008/99/EC on the protection of the environment through criminal law where a detected infringement under this Directive constitutes an offence within the scope Directive 2008/99/EC.

Amendment 31

Proposal for a directive

Recital 32


Text proposed by the Commission	Amendment
(32) Where damage to human health has occurred as a result of a violation of national measures adopted pursuant to Directive 2010/75/EU, Member States should ensure that the individuals affected are able to claim and obtain compensation for that damage from the relevant natural or legal persons and, where appropriate, from the relevant competent authorities responsible for the infringement. Such rules on compensation contribute to pursuing the objectives of preserving, protecting and improving the quality of the environment and protecting human health as laid down in Article 191 TFEU. They also underpin the right to life, integrity of the person and health care laid down in Article 2, 3 and 35 of the Charter of Fundamental Rights of the European Union and the right to an effective remedy as laid down in Article 47 of the Charter. Moreover, Directive 2004/35/EC of the European Parliament and of the Council does not give private parties a right of compensation as a consequence of environmental damage or of an imminent threat of such damage.	(32) Where damage to human health has occurred as a result of a violation of national measures adopted pursuant to Directive 2010/75/EU, Member States should ensure that the individuals affected are able to claim and obtain compensation for that damage from the relevant natural or legal persons and, where appropriate, from the relevant competent authorities responsible for the infringement when a decision, act or omission of the authority caused or contributed to the damage. Such rules on compensation contribute to pursuing the objectives of preserving, protecting and improving the quality of the environment and protecting human health as laid down in Article 191 TFEU. They also underpin the right to life, integrity of the person and health care laid down in Article 2, 3 and 35 of the Charter of Fundamental Rights of the European Union and the right to an effective remedy as laid down in Article 47 of the Charter. Moreover, Directive 2004/35/EC of the European Parliament and of the Council does not give private parties a right of compensation as a consequence of environmental damage or of an imminent threat of such damage.

Amendment 32

Proposal for a directive

Recital 32 a (new)


Text proposed by the Commission	Amendment
	(32a) In case of exceptional circumstances like the COVID-19 pandemic or the Russian war against Ukraine, where an installation faces a persistent interruption in the supply of raw materials or fuels or a disruption of an abatement technique’s elements due to force majeure, it could be necessary to temporarily set less strict emission or environmental performance limit values, while ensuring the overall protection of the environment .

Amendment 33

Proposal for a directive

Recital 33


Text proposed by the Commission	Amendment
(33) It is therefore appropriate for Directive 2010/75/EU to address the right for compensation for damages suffered by individuals. To ensure that individuals can defend their rights against damages to health caused by violations of Directive 2010/75/EU and thereby ensure a more efficient enforcement of that Directive, non-governmental organisations promoting the protection of human health or the environment, including those promoting the protection of consumers and meeting any requirements under national law, as members of the public concerned, should be empowered to engage in proceedings, as the Member States so determine, either on behalf or or in support of any victim, without prejudice to national rules of procedure concerning representation and defence before the courts. Member States usually enjoy procedural autonomy to ensure an effective remedy against violations of Union law, subject to the respect of the principles of equivalence and effectivity. However, experience shows that while there is overwhelming epidemiologic evidence on the negative health impacts of pollution on the population, in particular as regards air, it is difficult for the victims of violations of Directive 2010/75/EU under the procedural rules on the burden of proof generally applicable in the Member States to demonstrate a causality link between the suffered harm and the violation. As a result, in the majority of cases, victims of violations of Directive 2010/75/EU do not have an effective way to obtain compensation for the harm caused by such violations. To strengthen the rights of individuals to obtain compensation for violations of Directive 2010/75/EU and to contribute to a more efficient enforcement of its requirements throughout the Union, it is necessary to adapt the burden of proof applicable to such situations. Therefore, when an individual can provide sufficiently robust evidence to give rise to a presumption that the violation of Directive 2010/75/EU is at the origins of the damage caused to the health of an individual, or has significantly contributed to it, it should be for the defendant to rebut that presumption in order to escape his liability.	(33) It is therefore appropriate for Directive 2010/75/EU to address the right for compensation for damages suffered by individuals. To ensure that individuals can defend their rights against damages to health caused by violations of Directive 2010/75/EU and thereby ensure a more efficient enforcement of that Directive, non-governmental organisations promoting the protection of human health or the environment, including those promoting the protection of consumers and meeting any requirements under national law, as members of the public concerned, should be empowered to engage in proceedings, as the Member States so determine, either on behalf or in support of any victim, without prejudice to national rules of procedure concerning representation and defence before the courts. Member States enjoy procedural autonomy to ensure an effective remedy against violations of Union law, subject to the respect of the principles of equivalence and effectivity. Experience shows that while there is overwhelming epidemiologic evidence on the negative health impacts of pollution on the population, in particular as regards air, it is difficult for the victims of violations of Directive 2010/75/EU under the procedural rules to demonstrate a causality link between the suffered harm and the violation. As a result, in the majority of cases, victims of violations of Directive 2010/75/EU do not have an effective way to obtain compensation for the harm caused by such violations. To strengthen the rights of individuals to obtain compensation for violations of Directive 2010/75/EU and to contribute to a more efficient enforcement of its requirements throughout the Union, it is necessary to adapt national legislation on rebuttable presumptions applicable to such situations. Rebuttable presumptions are a common mechanism for alleviating a claimant’s evidential difficulties, while preserving the rights of the defendant. Rebuttable presumptions are only applicable provided that certain conditions are fulfilled. In order to maintain a fair apportionment of risk, and to avoid a reversal of the burden of proof, a claimant should be required to demonstrate sufficiently relevant evidence, including scientific data, that give rise to a presumption that the violation has caused or contributed to the damage. In light of the evidentiary challenges faced by injured persons, especially in complex cases, the rebuttable presumption mechanism would achieve a fair balance for the individual suffering from damage to their health, industry and, where appropriate, authorities. It should also be possible to use relevant scientific data, irrespective of whether they are published on the Portal, as evidence in accordance with the national law. Where such relevant scientific data are not available, it should be possible to use other evidence to support the claim in accordance with the national law.

Amendment 34

Proposal for a directive

Recital 35


Text proposed by the Commission	Amendment
(35) The implementation of Directive 2010/75/EU has shown divergent applications across Member States concerning the coverage of installations for the manufacturing of ceramic products by firing, because the wording of the definition of this activity allowed Member States to decide whether to apply both or only one of the two criteria on production capacity and kiln capacity. With a view to ensuring a more consistent implementation of that Directive and securing a level-playing field throughout the Union, such installations should be included within the scope of that Directive whenever any one of those two criteria is met.	(35) The implementation of Directive 2010/75/EU has shown divergent applications across Member States concerning the coverage of installations for the manufacturing of ceramic products by firing, because the wording of the definition of this activity allowed Member States to decide whether to apply both or only one of the two criteria on production capacity and kiln capacity. With a view to ensuring a more consistent implementation of that Directive, as well as compliance with Directive 2003/87/EC and securing a level-playing field throughout the Union, clear and unambiguous criteria for the inclusion of industrial-scale manufacturing of ceramic products by firing within the scope of Directive 2010/75/EU should be laid down. Such criteria should correspond to the criteria laid down in Directive 2003/87/EC.

Amendment 35

Proposal for a directive

Recital 36


Text proposed by the Commission	Amendment
(36) When setting emission limit values for polluting substances, the competent authority should consider all substances, including substances of emerging concern, which may be emitted from the concerned installation and may have a significant impact on the environment or human health. In doing so, the hazard characteristics, quantity and nature of the substances emitted and their potential to pollute any environmental media should be considered. The BAT conclusions, where relevant, are the reference point for selecting the substances for which emission limit values are to be set, although the competent authority may decide to select additional substances. Currently, individual polluting substances are listed in a non-exhaustive way in Annex II to Directive 2010/75/EU; which is not compatible with the holistic approach of that Directive and does not reflect the need for competent authorities to take into account all relevant polluting substances, including those of emerging concern. The non-exhaustive list of polluting substances should therefore be deleted. Instead, reference should be made to the list of pollutants in Annex II to Regulation (EC) No 166/200679 .	(36) When setting emission limit values for polluting substances, the competent authority should consider all substances, including substances of emerging concern and olfactory pollution, which may be emitted from the concerned installation to air, soil, surface and ground water and may have a significant impact on the environment or human health. In doing so, the hazard characteristics, quantity and nature of the substances emitted and their potential to pollute any environmental media should be considered as well as seasonal environmeatal fluctuations, which should be also taken into account. The BAT conclusions, where relevant, are the reference point for selecting the substances for which emission limit values are to be set, although the competent authority may decide to select additional substances. Currently, individual polluting substances are listed in a non-exhaustive way in Annex II to Directive 2010/75/EU; which is not compatible with the holistic approach of that Directive and does not reflect the need for competent authorities to take into account all relevant polluting substances, including those of emerging concern. The non-exhaustive list of polluting substances should therefore be deleted. Instead, reference should be made to the list of pollutants in Annex II to Regulation (EC) No 166/200679.
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79 Regulation (EC) No 166/2006 of the European Parliament and of the Council of 18 January 2006 establishing a European Pollutant Release and Transfer Register (OJ L 33, 4.2.2006, p. 1).	79 Regulation (EC) No 166/2006 of the European Parliament and of the Council of 18 January 2006 establishing a European Pollutant Release and Transfer Register (OJ L 33, 4.2.2006, p. 1).

Amendment 36

Proposal for a directive

Recital 37


Text proposed by the Commission	Amendment
(37) Although landfills are included within the scope of Directive 2010/75/EU, no BAT conclusions exist for landfills since that activity falls within the scope of Council Directive 1999/31/EC80 and the requirements of the latter Directive are deemed to constitute BAT. Due to the technical developments and innovation that have taken place since the adoption of Directive 1999/31/EC, more effective techniques for protecting human health and the environment are now available. The adoption of BAT conclusions under Directive 2010/75/EU would allow addressing the key environmental issues related to the operation of waste landfills, including significant emissions of methane. Directive 1999/31/EC should therefore allow for the adoption of BAT conclusions on landfills under Directive 2010/75/EU.	(37) Although landfills are included within the scope of Directive 2010/75/EU, no BAT conclusions exist for landfills since that activity falls within the scope of Council Directive 1999/31/EC80 and the requirements of the latter Directive are deemed to constitute BAT. Due to the technical developments and innovation that have taken place since the adoption of Directive 1999/31/EC, more effective techniques for protecting human health and the environment are now available. The adoption of BAT conclusions under Directive 2010/75/EU would allow addressing the key environmental issues related to the operation of waste landfills, including significant emissions of methane. Directive 1999/31/EC should therefore allow for the adoption of BAT conclusions on landfills under Directive 2010/75/EU. Directives 2010/75/EU and 1999/31/EC should therefore be amended accordingly.
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80 Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste (OJ L 182 16.7.1999, p. 1).	80 Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste (OJ L 182 16.7.1999, p. 1).

Amendment 37

Proposal for a directive

Recital 38


Text proposed by the Commission	Amendment
(38) Directives 2010/75/EU and 1999/31/EC should therefore be amended accordingly.	deleted

Amendment 38

Proposal for a directive

Recital 38 a (new)


Text proposed by the Commission	Amendment
	(38a) The procedures under Directive 2010/75/EU, including BAT preparation and national permit procedures, are considered by the industries concerned to be too lengthy and cause uncertainty for the public concerned, which is, to a large extent, due to insufficient administrative capacity. In this respect, the considerable extension of the scope of Directive 2010/75/EU represents a further challenge for the Commission, the Forum under Article 13 and, especially, for the national competent authorities. The Commission should present an action plan for enhancing administrative capacity at Union and national level, thus enabling the acceleration of procedures provided for under the Directive, in particular for enabling technologies. The Commission should, furthermore, provide technical assistance to the Member States in complying with the new legislative and technical procedures, such as by means of a uniform digital tool for applying for permits.

Amendment 39

Proposal for a directive

Recital 38 b (new)


Text proposed by the Commission	Amendment
	(38b) From the entry into force of this amending act, Member States should take adequate measures to ensure that the competent authorities are able to handle the increased workload related to implementing Directive 2010/75/EU as amended by this Directive and ensure a swift efficient and smooth permitting process, in particular, in the case of fast-track permits for installations applying emerging techniques, thus, reducing the uncertainty for businesses to a minimum and supporting transformation towards a clean, circular and climate-neutral industry, while safeguarding the health and rights of the public concerned.

Amendment 40

Proposal for a directive

Article 1 – paragraph 1 – point 1

Directive 2010/75/EU

Article 1 – paragraph 2


Text proposed by the Commission	Amendment
It also lays down rules designed to prevent or, where that is not practicable, to reduce emissions into air, water and land and to prevent the generation of waste, in order to achieve a high level of protection of human health and the environment taken as a whole..	It also lays down rules designed to prevent or, where that is not practicable, to continuously reduce emissions into air, water and land and to prevent the generation of waste, in order to achieve a high level of protection of human health and the environment taken as a whole.

Amendment 41

Proposal for a directive

Article 1 – paragraph 1 – point 1

Directive 2010/75/EU

Article 1 – paragraph 2 a (new)


Text proposed by the Commission	Amendment
	In addition, it lays down rules designed to improve resource efficiency in order to reduce the use of water, energy, and raw materials.

Amendment 42

Proposal for a directive

Article 1 – paragraph 1 – point 3 – point -a (new)

Directive 2010/75/EU

Article 3 – paragraph 1 – point 2


Present text	Amendment
	(-a) point 2 is replaced as follow:
(2) ‘pollution’ means the direct or indirect introduction, as a result of human activity, of substances, vibrations, heat or noise into air, water or land which may be harmful to human health or the quality of the environment, result in damage to material property, or impair or interfere with amenities and other legitimate uses of the environment;	"(2) ‘pollution’ means the direct or indirect introduction, as a result of human activity, of substances, vibrations, heat, noise or odours (‘olfactory pollution’) into air, water or land which may be harmful to human health or the quality of the environment, result in damage to material property, or impair or interfere with amenities and other legitimate uses of the environment;"

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

Amendment 43

Proposal for a directive

Article 1 – paragraph 1 – point 3 – point -a a (new)

Directive 2010/75/EU

Article 3 – paragraph 1 – point 2 a (new)


Text proposed by the Commission	Amendment
	(-aa) the following point is inserted:
	(2a) ‘olfactory pollution’ means pollution produced by gaseous emissions in the atmosphere which may cause injuries to, or a condition of general significant unwellness or sickness in, persons living in the proximity of the installation.

Amendment 44

Proposal for a directive

Article 1 – paragraph 1 – point 3 – point a b (new)

Directive 2010/75/EU

Article 3 – paragraph 1 – point 5 a (new)


Text proposed by the Commission	Amendment
	(ab) the following point is inserted:
	(5a) ‘environmental performance limit value’ means the indicative environmental performance value within the binding range of environmental performance levels, including consumption levels, resource efficiency levels covering materials, water and energy resources, waste, and other levels obtained under specified reference conditions, where the range may not be exceeded during one or more periods of time.

Amendment 45

Proposal for a directive

Article 1 – paragraph 1 – point 3 – point a c (new)

Directive 2010/75/EU

Article 3 – paragraph 1 – point 9


Present text	Amendment
	(ac) point 9 is replaced by the following:
(9) ‘substantial change’ means a change in the nature or functioning, or an extension, of an installation or combustion plant, waste incineration plant or waste co-incineration plant which may have significant negative effects on human health or the environment;	"(9) ‘substantial change’ means a change in the nature or functioning, an extension or an extension of duration of the permit of an installation or combustion plant, waste incineration plant or waste co-incineration plant which may have significant negative effects on human health or the environment;"

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

Amendment 46

Proposal for a directive

Article 1 – paragraph 1 – point 3 – point a d (new)

Directive 2010/75/EU

Article 3 – paragraph 1 – point 10 – point b and c


Present text	Amendment
	(ad) points b and c of point 10 are replaced by the following:
(b) ‘available techniques’ means those developed on a scale which allows implementation in the relevant industrial sector, under economically and technically viable conditions, taking into consideration the costs and advantages, whether or not the techniques are used or produced inside the Member State in question, as long as they are reasonably accessible to the operator;	"(b) ‘available techniques’ means those developed on a scale which allows implementation in the relevant industrial sector, under economically and technically viable conditions, taking into consideration the costs and advantages whether or not the techniques are used or produced inside the Union, as long as they are reasonably accessible to the operator;
(c)‘best’ means most effective in achieving a high general level of protection of the environment as a whole;	(c) ‘best’ means most effective in achieving a high general level of protection of the environment as a whole, including human health and climate protection;"

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

Amendment 47

Proposal for a directive

Article 1 – paragraph 1 – point 3 – point b

Directive 2010/75/EU

Article 3 – paragraph 1 – point 12


Text proposed by the Commission	Amendment
(12) ‘BAT conclusions’ means a document containing the parts of a BAT reference document laying down the conclusions on best available techniques, their description, information to assess their applicability, the emission levels associated with the best available techniques, the environmental performance levels associated with the best available techniques, the minimum content of an environmental management system including benchmarks associated with the best available techniques, associated monitoring, associated consumption levels and, where appropriate, relevant site remediation measures;;	(12) ‘BAT conclusions’ means a document containing the parts of a BAT reference document laying down the conclusions on best available techniques, their description, information to assess their applicability, the emission levels associated with the best available techniques, the environmental performance levels associated with the best available techniques, the minimum content of an environmental management system including benchmarks associated with the best available techniques, emission levels associated with emerging techniques, environmental performance levels associated with emerging techniques, associated monitoring, associated consumption levels and, where appropriate, relevant site remediation measures;

Amendment 48

Proposal for a directive

Article 1 – paragraph 1 – point 3 – point c

Directive 2010/75/EU

Article 3 – paragraph 1 – point 13a


Text proposed by the Commission	Amendment
(13a) ‘environmental performance levels associated with the best available techniques’ means the range of environmental performance levels, except emission levels, obtained under normal operating conditions using a BAT or a combination of BATs;.	(13a) ‘environmental performance levels associated with the best available techniques’ means the binding range of environmental performance levels for installations within the same sectoral activities and having similar characteristics, such as energy carriers, raw materials, production units and final products, when the data made available in the exchange of information supporting the determination of BAT are sufficiently robust across the Union, which shall include consumption and resource efficiency levels, for BAT Conclusions following the first conclusion after [insert the end date for transposition of this amending Directive], reuse levels for water, energy, and raw materials, except emission levels, obtained under normal operating conditions using a BAT or a combination of BATs as described in BAT conclusions, expressed as an average over a given period of time, under specified reference conditions;

Amendment 49

Proposal for a directive

Article 1 – paragraph 1 – point 3 – point c a (new)

Directive 2010/75/EU

Article 3 – paragraph 1 – point 13 a a (new)


Text proposed by the Commission	Amendment
	(ca) the following point is inserted:
	(13aa) "Industrial Waste Water Treatment Plant" means a waste water treatment plant covered by Directive 2010/75/EU;

Amendment 50

Proposal for a directive

Article 1 – paragraph 1 – point 3 – point c b (new)

Directive 2010/75/EU

Article 3 – paragraph 1 – point 13 a b (new)


Text proposed by the Commission	Amendment
	(cb) the following point is inserted:
	(13ab) "Urban Waste Water Treatment Plant" means a waste water treatment plant covered by Directive 91/271/EEC;

Amendment 51

Proposal for a directive

Article 1 – paragraph 1 – point 3 – point c c (new)

Directive 2010/75/EU

Article 3 – paragraph 1 – point 14


Present text	Amendment
	(cc) point 14 is replaced by the following:
(14) ‘emerging technique’ means a novel technique for an industrial activity that, if commercially developed, could provide either a higher general level of protection of the environment or at least the same level of protection of the environment and higher cost savings than existing best available techniques;	"(14) ‘emerging technique’ means a novel technique for an industrial activity that, if commercially developed, could provide either a higher general level of protection of the environment and human health or at least the same level of protection of human health and the environment and higher cost savings than existing best available techniques;"

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

Amendment 52

Proposal for a directive

Article 1 – paragraph 1 – point 3 – point d a (new)

Directive 2010/75/EU

Article 3 – paragraph 1 – point 23


Present text	Amendment
	(da) point (23) is replaced by the following:
(23) ‘poultry’ means poultry as defined in point 1 of Article 2 of Council Directive 90/539/EEC of 15 October 1990 on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs*	‘(23) ‘poultry' means poultry as defined in Article 4, point 9, of Regulation (EU) 2016/429 of the European Parliament and of the Council on transmissible animal diseases*;’;
__________________	__________________
* OJ L 303, 31.10.1990, p. 6.	* OJ L 084, 31.3.2016, p. 1

Amendment 53

Proposal for a directive

Article 1 – paragraph 1 – point 3 – point e

Directive 2010/75/EU

Article 3 – paragraph 1 – point 23c a (new)


Text proposed by the Commission	Amendment
	(23ca) ‘Operating rules‘ means the rules for registrations or included in permits or general binding rules for the registration or permit for the operation of activities referred to in Annex Ia, containing the emission limit values, the environmental performance limit values, associated monitoring requirements, and where relevant land spreading practices, pollution prevention and mitigation practices, nutritional management, feed preparation, housing, manure management (collection, storage, processing, land spreading) and storage of dead animals, which are consistent with the use of best available techniques and other relevant measures consistent with Annex III.

Amendment 54

Proposal for a directive

Article 1 – paragraph 1 – point 3 – point e

Directive 2010/75/EU

Article 3 – paragraph 1 – point 23c b (new)


Text proposed by the Commission	Amendment
	(23cb) ‘extensive farming’ refers to a type of animal rearing characterised by low levels of input per unit area of land, based on extensive practices, with livestock unit density equal to or less than 2.0 LSU per hectare (LSU/ha density) used for grazing, or based on farming practices certified in accordance with Directive 2018/848 of the European Parliament and of the Council of 30 May 2018 on organic production and labelling of organic products, with livestock unit density equal to or less than 2.0 LSU per hectare (LSU/ha density) used for grazing or foraging, or rearing practices where livestock is subject to transhumance practices at least 180 days per year or as long as climatic conditions allow, in particular in alpine regions.

Amendment 55

Proposal for a directive

Article 1 – paragraph 1 – point 3 – point f

Directive 2010/75/EU

Article 3 – paragraph 1 – point 48


Text proposed by the Commission	Amendment
(48) ‘industrial minerals’ means minerals used in industry for the production of semi-finished or finished products, with the exception of metalliferous ores, energy minerals, construction minerals and precious stones;	deleted

Amendment 56

Proposal for a directive

Article 1 – paragraph 1 – point 3 – point f

Directive 2010/75/EU

Article 3 – paragraph 1 – point 49


Text proposed by the Commission	Amendment
(49) ‘metalliferous ores’ means ores that yield metals or metallic substances;	deleted

Amendment 57

Proposal for a directive

Article 1 – paragraph 1 – point 3 – point f

Directive 2010/75/EU

Article 3 – paragraph 1 – point 50


Text proposed by the Commission	Amendment
(50) ‘emission levels associated with emerging techniques’ means the range of emission levels obtained under normal operating conditions using an emerging technique or a combination of emerging techniques, expressed as an average over a given period of time, under specified reference conditions;	(50) ‘emission levels associated with emerging techniques’ means the range of emission levels obtained under normal operating conditions using an emerging technique or a combination of emerging techniques, as described in BAT conclusions, expressed as an average over a given period of time, under specified reference conditions;

Amendment 58

Proposal for a directive

Article 1 – paragraph 1 – point 3 – point f

Directive 2010/75/EU

Article 3 – paragraph 1 – point 51


Text proposed by the Commission	Amendment
(51) ‘environmental performance levels associated with emerging techniques’ means the range of environmental performance levels, except emission levels, obtained under normal operating conditions using an emerging technique or a combination of emerging techniques;	(51) ‘environmental performance levels associated with emerging techniques’ means the indicative range of environmental performance levels, except emission levels, including consumption levels of materials, water and energy, obtained under normal operating conditions using an emerging technique or a combination of emerging techniques, for installations within the same sectoral activities and having similar characteristics, such as energy carriers, raw materials, production units and final products, expressed as an average over a given period of time, under specified reference conditions;

Amendment 59

Proposal for a directive

Article 1 – paragraph 1 – point 3 – point f

Directive 2010/75/EU

Article 3 – paragraph 1 – point 53 – point a


Text proposed by the Commission	Amendment
(a) consumption levels;	(a) consumption levels of energy and water ;

Amendment 60

Proposal for a directive

Article 1 – paragraph 1 – point 3 – point f

Directive 2010/75/EU

Article 3 – paragraph 1 – point 53 – point b


Text proposed by the Commission	Amendment
(b) resource efficiency levels and reuse levels covering materials, water and energy resources;	(b) efficiency levels of water, energy, and raw materials; reuse levels of water, energy, and raw materials;

Amendment 61

Proposal for a directive

Article 1 – paragraph 1 – point 3 – point f

Directive 2010/75/EU

Article 3 – paragraph 1 – point 53 – point f


Present text	Amendment
(e) waste and other levels obtained under specified reference conditions	(e) waste and other levels obtained under specified reference conditions as described in BAT conclusions, expressed as an average over a given period of time.

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

Amendment 62

Proposal for a directive

Article 1 – paragraph 1 – point 3 – point f

Directive 2010/75/EU

Article 3 – paragraph 1 – point 53 a (new)


Text proposed by the Commission	Amendment
	(53a) ‘water reuse system’ means the infrastructure and other technical elements necessary for producing, supplying and using reclaimed water; it comprises all the elements from the starting point of the production process to the point where reclaimed water is used, including distribution and storage infrastructure, where relevant;

Amendment 63

Proposal for a directive

Article 1 – paragraph 1 – point 3 – point f

Directive 2010/75/EU

Article 3 – paragraph 1 – point 53 b (new)


Text proposed by the Commission	Amendment
	(53b) 'reclaimed water’ means water that has been reclaimed from previous uses and is reused for a different beneficial purpose;

Amendment 64

Proposal for a directive

Article 1 – paragraph 1 – point 3 – point f

Directive 2010/75/EU

Article 3 – paragraph 1 – point 53 c (new)


Text proposed by the Commission	Amendment
	(53c) ‘water reuse’ means the process through which water is reclaimed from previous use and converted through a water reuse system into water that can be reused for a variety of purposes;

Amendment 65

Proposal for a directive

Article 1 – paragraph 1 – point 3 a (new)

Directive 2010/75/EU

Article 3 a (new)


Text proposed by the Commission	Amendment
	(3a) The following Article 3a is inserted:
	Article 3a
	Confidential business information
	1. In accordance with Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC and with Directive (EU) 2016/943 of the European Parliament and of the Council, only non-confidential information shall be made publicly available under the provisions of this Directive.
	2. Irrespective of who publishes the information, Member States shall ensure that the operators are given an opportunity before publication to request in a proportionate manner the confidential treatment of relevant elements and within a reasonable and clearly defined period by the competent authority. Information may be redacted, or if that is not possible, excluded in the case of confidential business information.
	3. No later than one month after a request made pursuant to paragraph 2, the competent authority shall assess the request and notify the operator on its decision. If no agreement is reached, the operator may challenge the decision in the competent judicial or administrative authority of the Member State no later than one month after the decision of the competent authority.
	4. If the operator requests confidential treatment, the competent authority shall only suspend the publication of the contested elements until an agreement with the competent authorities is reached or final decision by the competent judicial or administrative authority of the Member State is taken.

Amendment 66

Proposal for a directive

Article 1 – paragraph 1 – point 4 a (new)

Directive 2010/75/EU

Article 5 – paragraph 2


Present text	Amendment
	(4a) In Article 5, paragraph 2 is replaced by the following:
2. Member States shall take the measures necessary to ensure that the conditions of, and the procedures for the granting of, the permit are fully coordinated where more than one competent authority or more than one operator is involved or more than one permit is granted, in order to guarantee an effective integrated approach by all authorities competent for this procedure.	"2. Member States shall take the measures necessary to ensure that the conditions of, and the procedures for the granting of, the permit are fully coordinated where more than one competent authority or more than one operator is involved or more than one permit is granted. In order to guarantee an effective integrated approach by all authorities competent for this procedure, an electronic permitting system shall be put in place."

(32010L0075)

Amendment 67

Proposal for a directive

Article 1 – paragraph 1 – point 5

Directive 2010/75/EU

Article 5 – paragraph 4 – subparagraph 1 – point a


Text proposed by the Commission	Amendment
(a) an overview of the main permit conditions;	(a) an overview of the main permit conditions, including emissions monitoring requirements;

Amendment 68

Proposal for a directive

Article 1 – paragraph 1 – point 5

Directive 2010/75/EU

Article 5 – paragraph 4 – subparagraph 2


Text proposed by the Commission	Amendment
The Commission shall adopt an implementing act to establish the format to be used for the summary referred to in the second subparagraph. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 75(2)..	By 31 December 2024, the Commission shall adopt an implementing act to establish the format to be used for the summary referred to in the second subparagraph and guidelines on the publication of the permits as referred to in the first subparagraph. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 75(2).

Amendment 69

Proposal for a directive

Article 1 – paragraph 1 – point 5

Directive 2010/75/EU

Article 5 – paragraph 4 a (new)


Text proposed by the Commission	Amendment
	4a. By 31 December 2024, Member States shall submit to the Commission an assessment on the measures needed due to the changes of this Directive, including a prognosis and estimations of the accrued workload of the competent authorities in order to ensure they have proper administrative capacity to provide a timely, efficient and smooth permitting process.

Amendment 70

Proposal for a directive

Article 1 – paragraph 1 – point 5

Directive 2010/75/EU

Article 5 – paragraph 4 b (new)


Text proposed by the Commission	Amendment
	4b. Without prejudice to other relevant Union law, Member States shall ensure that the process for granting fast-track permits for installations applying an emerging technique related to the main activity of the installation in accordance with Article 27c, does not exceed 18 months, unless exceptional circumstances arise.
	If an extension of up to six months is necessary, the Member State shall inform the operator about the exceptional circumstances that justify the extension.
	Competent authorities shall complete the processing of the permit applications no later than 90 days after receipt.
	Within 90 days of the applicant submitting a respective request, the competent authority shall issue an opinion on the scope and level of detail of information to be included in the environmental impact assessment. If other Union legislation also requires an assessment of the effects on the environment, the national competent authority shall provide coordinated and joint procedures that meet the requirements of that Union legislation.
	Within 12 months of the operator submitting a permit request, competent authorities shall complete the public consultation part of the environmental impact assessment of the project.

Amendment 71

Proposal for a directive

Article 1 – paragraph 1 – point 5

Directive 2010/75/EU

Article 5 – paragraph 4 c (new)


Text proposed by the Commission	Amendment
	4c. The rules referred to in paragraph 4a shall also apply where an operator applies for a permit covering more than one installation under Article 4(2).

Amendment 72

Proposal for a directive

Article 1 – paragraph 1 – point 5 a (new)

Directive 2010/75/EU

Article 6 – paragraph 2


Present text	Amendment
	(5a) In Article 6, paragraph 2 is replaced by the following:
Where general binding rules are adopted, the permit may simply include a reference to such rules.	"Where general binding rules are adopted, the permit may include a reference to such rules. When adopting general binding rules, Member States shall ensure an integrated approach and a high level of environmental protection equivalent to that achievable with individual permit conditions."

(32010L0075)

Amendment 73

Proposal for a directive

Article 1 – paragraph 1 – point 6

Directive 2010/75/EU

Article 7 – paragraph 1 a (new)


Text proposed by the Commission	Amendment
	In the event of pollution affecting drinking water resources, including transboundary resources, or affecting wastewater infrastructure in the case of indirect discharge, the competent authority shall inform the drinking water and wastewater operators affected, including transboundary wastewater operators, of the measures taken to prevent or remedy the damage caused by that pollution to human health and the environment.

Amendment 74

Proposal for a directive

Article 1 – paragraph 1 – point 6

Directive 2010/75/EU

Article 7 – paragraph 2


Text proposed by the Commission	Amendment
In the event of any incident or accident significantly affecting human health or the environment in another Member State, the Member State in whose territory the accident or incident has occurred shall ensure that the competent authority of the other Member State is immediately informed. Transboundary and multidisciplinary cooperation between the affected Member States shall aim at limiting the consequences on the environment and human health and to prevent further possible incidents or accidents.	In the event of any incident or accident significantly affecting human health or the environment in another Member State, the Member State in whose territory the accident or incident has occurred shall ensure that the competent authority of the other Member State is immediately informed via the established communication channels as referred to in Article 26(5). Transboundary and multidisciplinary cooperation between the affected Member States shall aim at limiting the consequences on the environment and human health and to prevent further possible incidents or accidents.

Amendment 75

Proposal for a directive

Article 1 – paragraph 1 – point 6

Directive 2010/75/EU

Article 8 – title


Text proposed by the Commission	Amendment
Non-compliance	Compliance

Amendment 76

Proposal for a directive

Article 1 – paragraph 1 – point 6

Directive 2010/75/EU

Article 8 – paragraph 1 – subparagraph 2


Text proposed by the Commission	Amendment
They shall also adopt compliance assurance measures to to promote, monitor and enforce compliance with obligations placed on natural or legal persons under this Directive.	They shall also adopt compliance assurance measures to promote, monitor and enforce compliance with obligations placed on natural or legal persons under this Directive*.

Amendment 77

Proposal for a directive

Article 1 – paragraph 1 – point 6

Directive 2010/75/EU

Article 8 – paragraph 2 – subparagraph 1 – introductory part


Text proposed by the Commission	Amendment
In the event of a breach of the permit conditions, Member States shall ensure that:	In the event of a breach of the permit conditions resulting from this Directive,. Member States shall ensure that:

Amendment 78

Proposal for a directive

Article 1 – paragraph 1 – point 6

Directive 2010/75/EU

Article 8 – paragraph 2 – subparagraph 2


Text proposed by the Commission	Amendment
Where the breach of the permit conditions poses an immediate danger to human health or threatens to cause an immediate significant adverse effect upon the environment, and until compliance is restored in accordance with the first subparagraph, points (b) and (c), the operation of the installation, combustion plant, waste incineration plant, waste co-incineration plant or relevant part thereof shall be suspended without any delay.	Where the breach of the permit conditions poses an immediate danger to human health, drinking water intake or threatens to cause an immediate significant adverse effect upon the environment, and until compliance is restored in accordance with the first subparagraph, points (b) and (c), the operation of the installation, combustion plant, waste incineration plant, waste co-incineration plant or relevant part thereof shall be suspended without any delay.

Amendment 79

Proposal for a directive

Article 1 – paragraph 1 – point 6

Directive 2010/75/EU

Article 8 – paragraph 2 a (new)


Text proposed by the Commission	Amendment
	2a. In the event of a breach of compliance affecting drinking water resources, including transboundary resources, or affecting wastewater infrastructure in the case of an indirect discharge, the competent authority shall inform the drinking water and wastewater operators, and all relevant authorities that ensure compliance with environmental legislation affected, including transboundary authorities, of the breach and the measures taken to prevent or remedy the damage caused to human health and the environment.

Amendment 80

Proposal for a directive

Article 1 – paragraph 1 – point 6

Directive 2010/75/EU

Article 8 – paragraph 3


Text proposed by the Commission	Amendment
Where the breach of the permit conditions continues to cause a danger to human health or a a significant adverse effect upon the environment, and where the necessary action for restoring compliance identified in the inspection report referred to in Article 23(6) have not been implemented, the operation of the installation, combustion plant, waste incineration plant, waste co-incineration plant or relevant part thereof may be suspended by the competent authority until compliance with the permit conditions is restored.	Where the breach of the permit conditions continues to cause a danger to human health or a a significant adverse effect upon the environment, and where the necessary action for restoring compliance identified in the inspection report referred to in Article 23(6) have not been implemented, the operation of the installation, combustion plant, waste incineration plant, waste co-incineration plant or relevant part thereof shall be suspended by the competent authority until compliance with the permit conditions is restored.

Amendment 81

Proposal for a directive

Article 1 – paragraph 1 – point 6

Directive 2010/75/EU

Article 8 – paragraph 3 a (new)


Text proposed by the Commission	Amendment
	3a. The suspension referred to in paragraphs 2 and 3 of this Article shall be enforced in an effective manner and shall not be postponed or ceased by any means, including if the operator challenges the suspension decision through any administrative or judicial means, unless there is a definitive judicial decision concluding that the operation can be resumed.

Amendment 82

Proposal for a directive

Article 1 – paragraph 1 – point 6

Directive 2010/75/EU

Article 8 – paragraph 3 b (new)


Text proposed by the Commission	Amendment
	3b. In the event of any breach of the permit conditions affecting human health or the environment in another Member State, the Member State in whose territory the breach of the permit conditions has occurred shall ensure that the competent authority of the other Member State is informed via the established communication channels as referred to in Article 26(5).

Amendment 83

Proposal for a directive

Article 1 – paragraph 1 – point 7

Directive 2010/75/EU

Article 9 – paragraph 2


Text proposed by the Commission	Amendment
(7) In Article 9, paragraph (2) is deleted.	(7) In Article 9, paragraph 2 is replaced by the following:
	For activities listed in Annex I to Directive 2003/87/EC, Member States may choose not to impose requirements relating to energy efficiency in respect of combustion units or other units emitting carbon dioxide on the site, only where those installations are covered by the obligation to conduct an energy audit or implement an energy management system pursuant to Article 11 of Directive 2012/27/EU (EED) and if the recommendations of the audit report are implemented and/or if the certified energy management system is implemented. Pursuant to the audit referred to in Article 14a, the environmental verifier shall inform the competent authority in case the recommendation as referred to in this Article is not implemented.

Amendment 84

Proposal for a directive

Article 1 – paragraph 1 – point 7 a (new)

Directive 2010/75/EU

Article 11 – paragraph 1 – point c


Present text	Amendment
	(7a) Article 11, point (c) is replaced by the following:
(c) no significant pollution is caused;	"(c) no significant pollution is caused, including olfactory pollution;"

(32010L0075)

Amendment 85

Proposal for a directive

Article 1 – paragraph 1 – point 7 b (new)

Directive 2010/75/EU

Article 11 – paragraph 1 – point f


Present text	Amendment
	(7b) In Article 11, point (f) is replaced by the following:
(f) energy is used efficiently;	"(f) energy is used efficiently and the use and production of renewable energy is promoted;"

(32010L0075)

Amendment 86

Proposal for a directive

Article 1 – paragraph 1 – point 8

Directive 2010/75/EU

Article 11 – paragraph 1 – point fa


Text proposed by the Commission	Amendment
(fa) material resources and water are used efficiently, including through re-use;	(fa) material resources and water are used efficiently, including through re-use and recycling;

Amendment 87

Proposal for a directive

Article 1 – paragraph 1 – point 8

Directive 2010/75/EU

Article 11 – paragraph 1 – point fb


Text proposed by the Commission	Amendment
(fb) the overall life-cycle environmental performance of the supply chain is taken into account as appropriate;	deleted

Amendment 88

Proposal for a directive

Article 1 – paragraph 1 – point 8 a (new)

Directive 2010/75/EU

Article 11 – paragraph 1 – point g


Present text	Amendment
	(8a) In Article 11, (1), point (g) is replaced by the following:
(g) the necessary measures are taken to prevent accidents and limit their consequences;	"(g) the necessary measures are taken to protect human health, prevent accidents, and limit their consequences;"

(32010L0075)

Amendment 89

Proposal for a directive

Article 1 – paragraph 1 – point 8 b (new)

Directive 2010/75/EU

Article 12 – paragraph 1 – point b


Present text	Amendment
	(8b) In Article 12, (1), point b is replaced b the following:
(b) the raw and auxiliary materials, other substances and the energy used in or generated by the installation;	"(b) the raw and auxiliary materials, other substances, the energy and water used in or generated by the installation;"

(32010L0075)

Amendment 90

Proposal for a directive

Article 1 – paragraph 1 – point 8 c (new)

Directive 2010/75/EU

Article 12 – paragraph 1 – point c


Present text	Amendment
	(8c) In Article 12, (1), point c is replaced by the following:
(c) the sources of emissions from the installation;	"(c) the sources of emissions from the installation, including olfactory emissions;"

(32010L0075)

Amendment 91

Proposal for a directive

Article 1 – paragraph 1 – point 8 d (new)

Directive 2010/75/EU

Article 12 – paragraph 1 – point f


Present text	Amendment
	(8d) In Article 12(1), point f is replaced by the following:
(f) the nature and quantities of foreseeable emissions from the installation into each medium as well as identification of significant effects of the emissions on the environment;	"(f) the nature and quantities of foreseeable emissions, including olfactory emissions as concentrations, and where possible, at least for water, in loads, from the installation into each medium as well as identification of significant effects of the emissions on the environment;"

(32010L0075)

Amendment 92

Proposal for a directive

Article 1 – paragraph 1 – point 9 – point a

Directive 2010/75/EU

Article 13 – paragraph 1


Text proposed by the Commission	Amendment
1. In order to draw up, review and, where necessary, update BAT reference documents, the Commission shall organise an exchange of information between Member States, the industries concerned, non-governmental organisations promoting environmental protection, the European Chemicals Agency and the Commission.	1. In order to draw up, review and, where necessary, update BAT reference documents, the Commission shall organise an exchange of information between Member States, the industries concerned, non-governmental organisations promoting human health and environmental protection, the European Chemicals Agency, the European Environmental Agency, and the Commission.

Amendment 93

Proposal for a directive

Article 1 – paragraph 1 – point 9 – point a a (new)

Directive 2010/75/EU

Article 13 – paragraph 1 a (new)


Text proposed by the Commission	Amendment
	aa. the following paragraph is inserted:
	1a. The Commission shall, by the end date for transposition of this Directive amend Implementing Decision 2012/119/EU and provide both the Seville technical working group and the Forum referred to in Article 13 of this Directive with the necessary resources, and shall adapt their structure, competences and financing in line with the extension of scope of this Directive.

Amendment 94

Proposal for a directive

Article 1 – paragraph 1 – point 9 – point b

Directive 2010/75/EU

Article 13 – paragraph 2 – subparagraph 2


Text proposed by the Commission	Amendment
Without prejudice to Union competition law, information considered as confidential business information or commercially sensitive information shall only be shared with the Commission and with the following individuals having signed a confidentiality and non-disclosure agreement: civil servants and other public employees representing Member States or Union agencies, and representatives of non-governmental organisations promoting the protection of human health or the environment. The exchange of information considered as confidential business information or sensitive commercial information shall remain limited to what is required to draw up, review and, where necessary, update BAT reference documents, and such confidential business information or sensitive commercial information shall not be used for other purposes..	By way of derogation from Article 3a , and without prejudice to Union competition law, information considered as confidential business information or commercially sensitive information shall only be shared with the Commission. This information shall be anonymised, not referring to a particular operator or installation, before being shared with the following individuals having signed a confidentiality, and non-disclosure agreement: civil servants and other public employees representing Member States or Union agencies, representatives of non-governmental organisations promoting the protection of human health or the environment and representatives of associations representing the relevant industrial sectors. The exchange of information considered as confidential business information or sensitive commercial information shall remain limited to what is technically required to draw up, review and, where necessary, update BAT reference documents, and such confidential business information or sensitive commercial information shall not be used for other purposes. The Commission shall adopt an implementing act providing the model for the confidentiality and non-disclosure agreement enabling the exchange of information in accordance with this paragraph.

Amendment 95

Proposal for a directive

Article 1 – paragraph 1 – point 9 – point b a (new)

Directive 2010/75/EU

Article 13 – paragraph 3 – subparagraph 1


Present text	Amendment
	(ba) in paragraph 3, the first subparagraph is replaced by the following:
The Commission shall establish and regularly convene a forum composed of representatives of Member States, the industries concerned and non-governmental organisations promoting environmental protection.	"The Commission shall establish and regularly convene a balanced forum composed of representatives of Member States, the industries concerned and non-governmental organisations promoting the protection of human health or the environment."

(32010L0075)

Amendment 96

Proposal for a directive

Article 1 – paragraph 1 – point 9 – point b b (new)

Directive 2010/75/EU

Article 13 – paragraph 3 – subparagraph 2 – point d


Present text	Amendment
	(bb) paragraph (3), point (d) is replaced by the following:
(d) guidance on the drawing up of BAT reference documents and on their quality assurance including the suitability of their content and format.	"(d) guidance on the drawing up of BAT reference documents, including on cross media effects, taking into consideration increased legislative ambition on decarbonisation and energy independence, and on their quality assurance including the suitability of their content and format as well as an indication of the appropriate instrument, such as benchmarks or environmental performance levels, taking into account the recommendations of the technical working group."

(32010L0075)

Amendment 97

Proposal for a directive

Article 1 – paragraph 1 – point 9 – point b c (new)

Directive 2010/75/EU

Article 13 – paragraph 5


Present text	Amendment
	(bc) paragraph 5 is replaced by the following:
5. Decisions on the BAT conclusions shall be adopted in accordance with the regulatory procedure referred to in Article 75(2).	"5. The exchange of information for the preparation, review and, if necessary, updating, of a BREF document shall not exceed a period of four years. The opinion of the forum referred to in paragraph 3 on the proposed content of a BREF shall be submitted within 6 months of the final meeting of the expert group responsible for the revision of the BREF.
	Decisions on the BAT conclusions, shall be adopted in accordance with the regulatory procedure referred to in Article 75(2). BAT reference documents shall be reviewed and, where necessary updated, at least every 8 years."

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

Amendment 98

Proposal for a directive

Article 1 – paragraph 1 – point 9 – point b d (new)

Directive 2010/75/EU

Article 13 – paragraph 6


Present text	Amendment
	(bd) paragraph 6 is replaced by the following:
6. After the adoption of a decision in accordance with paragraph 5, the Commission shall without delay make the BAT reference document publicly available and ensure that BAT conclusions are made available in all the official languages of the Union.	"6. After the adoption of a decision in accordance with paragraph 5, the Commission shall within one month make the BAT reference document and the BAT conclusions publicly available on an easy to find webpage. The BAT conclusion shall be published in all the official languages of the Union and shall be made available online on the Industrial Emissions Portal."

(32010L0075)

Amendment 99

Proposal for a directive

Article 1 – paragraph 1 – point 10 – point a – point i a (new)

Directive 2010/75/EU

Article 14 – paragraph 1 – subparagraph 1 a (new)


Text proposed by the Commission	Amendment
	(ia) the following subparagraph is inserted after the first subparagraph:
	When an industrial installation discharges wastewater directly or indirectly into surface water, drinking water and wastewater operators shall be consulted, prior to the granting of the permit, on the potential consequences of emissions on their infrastructure and the protection of human health and the environment. The authorities shall take that information duly into account when defining the permit conditions. Such procedure shall not delay the granting of the permit unduly.

Amendment 100

Proposal for a directive

Article 1 – paragraph 1 – point 10 – point a – point ii

Directive 2010/75/EU

Article 14 – paragraph 1 – subparagraph 2 – point a


Text proposed by the Commission	Amendment
(a) emission limit values for polluting substances listed in Annex II of Regulation (EC) No 166/2006*, and for other polluting substances, which are likely to be emitted from the installation concerned in significant quantities, having regard to their nature and their potential to transfer pollution from one medium to another;	(a) emission limit values for polluting substances listed in Annex II of Regulation (EC) No 166/2006*, and for other polluting substances, in particular odour emissions and substances of very high concern in Annex XIV to Regulation (EC) No 1907/2006, designated as priority substances under Directives 2000/60/EC or 2008/105/EC, on the watch lists established in the framework of Directives 2006/118/EC or 2008/105/EC, or other substances that are subject to limit values or other restrictions under Directives 2008/50/EC, 2004/107/EC or 2006/118/EC, until the adoption of the delegated act expanding Annex II to the Industrial Emissions Portal Regulation, which are likely to be emitted from the installation concerned in significant quantities having regard to their nature and their potential to transfer pollution from one medium to another, take into account seasonal environmental fluctuations;
______________________	___________________
* Regulation (EC) No 166/2006 of the European Parliament and of the Council of 18 January 2006 concerning the establishment of a European Pollutant Release and Transfer Register and amending Council Directives 91/689/EEC and 96/61/EC (OJ L 33, 4.2.2006, p. 1).’;	* Regulation (EC) No 166/2006 of the European Parliament and of the Council of 18 January 2006 concerning the establishment of a European Pollutant Release and Transfer Register and amending Council Directives 91/689/EEC and 96/61/EC (OJ L 33, 4.2.2006, p. 1).’;

Amendment 101

Proposal for a directive

Article 1 – paragraph 1 – point 10 – point a – point iii

Directive 2010/75/EU

Article 14 – paragraph 1 – subparagraph 2 – point a a


Text proposed by the Commission	Amendment
(aa) environmental performance limit values;;	(aa) environmental performance limit values, as referred to in Article 3 and Article 15 (3a);

Amendment 102

Proposal for a directive

Article 1 – paragraph 1 – point 10 – point a – point iv

Directive 2010/75/EU

Article 14 – paragraph 1 – subparagraph 2 – point b


Text proposed by the Commission	Amendment
(b) appropriate requirements ensuring protection of the soil, groundwater and surface water, and measures concerning the monitoring and management of waste generated by the installation;;	(b) appropriate requirements ensuring protection of the soil, groundwater and surface water, and measures concerning the monitoring and management of waste generated by the installation, with specific attention given to the production of drinking water;

Amendment 103

Proposal for a directive

Article 1 – paragraph 1 – point 10 – point a – point v

Directive 2010/75/EU

Article 14 – paragraph 1 – subparagraph 2 – point ba


Text proposed by the Commission	Amendment
(ba) appropriate requirements for an environmental management system as laid down in Article 14a;;	(ba) appropriate requirements laying down the general characteristics for an environmental management system in accordance with Article 14a;

Amendment 104

Proposal for a directive

Article 1 – paragraph 1 – point 10 – point a – point vi a (new)

Directive 2010/75/EU

Article 14 – paragraph 1 – subparagraph 2 – point c – subpoint ii a (new)


Text proposed by the Commission	Amendment
	(via) in point (c), the following subpoint (ii a new) is added:
	(ii a) requirements for quality control of laboratories performing the monitoring, based on international standards such as ISO 17025.

Amendment 105

Proposal for a directive

Article 1 – paragraph 1 – point 10 – point a – point vii a (new)

Directive 2010/75/EU

Article 14 – paragraph 1 – subparagraph 2 – point e


Present text	Amendment
	(vii a) point e is replaced by the following:
(e) appropriate requirements for the regular maintenance and surveillance of measures taken to prevent emissions to soil and groundwater pursuant to point (b) and appropriate requirements concerning the periodic monitoring of soil and groundwater in relation to relevant hazardous substances likely to be found on site and having regard to the possibility of soil and groundwater contamination at the site of the installation;	"(e) appropriate requirements for the regular maintenance and surveillance of measures taken to prevent emissions to soil, surface and groundwater pursuant to point (b) and appropriate requirements concerning the periodic monitoring of soil, surface and groundwater in relation to relevant hazardous substances likely to be found on site and having regard to the possibility of soil, surface and groundwater contamination at the site of the installation;"

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

Amendment 106

Proposal for a directive

Article 1 – paragraph 1 – point 10 – point a a (new)

Directive 2010/75/EU

Article 14 – paragraph 2 a (new)


Text proposed by the Commission	Amendment
	(aa) the following paragraph is inserted:
	2a. Member States may grant derogations from the measure referred to in paragraph 1 subparagraph 2, point (bb) for up to twelve months. Such a derogation may apply only after the granting of the permit, provided that sufficient efforts have already been undertaken to finalise the EMS within that time period.

Amendment 107

Proposal for a directive

Article 1 – paragraph 1 – point 11

Directive 2010/75/EU

Article 14a – paragraph 1 – subparagraph 1


Text proposed by the Commission	Amendment
Member States shall require the operator to prepare and implement, for each installation falling within the scope of this Chapter, an environmental management system (‘EMS’). The EMS shall comply with the provisions included in relevant BAT conclusions that determine aspects to be covered in the EMS.	Member States shall require the operator to prepare and implement, for each installation, including, pursuant to Article 4(2), for jointly covered installations by a permit, falling within the scope of this Chapter, an environmental management system (‘EMS’). Member States shall ensure that requirements to be mentioned in the permit conditions concerning the characteristics of the EMS are of a general nature only.
	The EMS shall comply with the provisions included in relevant BAT conclusions that determine aspects to be covered in the EMS in the form of a standardised text as published by the European Commission in BREFs based upon an opinion by the forum referred to in Article 13.

Amendment 108

Proposal for a directive

Article 1 – paragraph 1 – point 11

Directive 2010/75/EU

Article 14a – paragraph 1 – subparagraph 2


Text proposed by the Commission	Amendment
The EMS shall be reviewed periodically to ensure that it continues to be suitable, adequate and effective.	The EMS shall be audited at least every 3 years by an environmental verifier, as defined in Article 2(20) of Regulation 1221/2009, who verifies the conformity of the EMS, and of its implementation, with this article. The licence or accreditation referred to in Article 2(20) of Regulation 1221/2009 shall include the requirements set out in this Article.

Amendment 109

Proposal for a directive

Article 1 – paragraph 1 – point 11

Directive 2010/75/EU

Article 14a – paragraph 2 – introductory part


Text proposed by the Commission	Amendment
2. The EMS shall include at least the following:	2. The EMS shall include at least the following information:

Amendment 110

Proposal for a directive

Article 1 – paragraph 1 – point 11

Directive 2010/75/EU

Article 14a – paragraph 2 – point b


Text proposed by the Commission	Amendment
(b) objectives and performance indicators in relation to significant environmental aspects, which shall take into account benchmarks set out in the relevant BAT conclusions and the life-cycle environmental performance of the supply chain;	(b) objectives and performance indicators in relation to significant environmental aspects, which shall take into account benchmarks set out in the relevant BAT conclusions;

Amendment 111

Proposal for a directive

Article 1 – paragraph 1 – point 11

Directive 2010/75/EU

Article 14a – paragraph 2 – point d


Text proposed by the Commission	Amendment
(d) a chemicals inventory of the hazardous substances present in the installation as such, as constituents of other substances or as part of mixtures, a risk assessment of the impact of such substances on human health and the environment and an analysis of the possibilities to substitute them with safer alternatives;	(d) a chemicals inventory of the relevant hazardous substances present in the installation as such, as constituents of other substances or as part of mixtures, a risk assessment of the impact of such substances on human health and the environment and an analysis of the possibilities to substitute them with safer alternatives;

Amendment 112

Proposal for a directive

Article 1 – paragraph 1 – point 11

Directive 2010/75/EU

Article 14a – paragraph 2 – subparagraphs 2, 3, and 4


Text proposed by the Commission	Amendment
	The level of detail of the EMS shall be consistent with the nature, scale and complexity of the installation, and the range of environmental impacts it may have.
	In cases where an EMS is included in a BAT conclusion but the EMS does not cover elements set out in Article 14a(2), points (a) to (e), Member States shall require the operator to prepare and implement the EMS by 12 months after the end date of transposition of this Directive.
	Where elements of the EMS, or the related performance indicators, objectives, measures have already been developed in other relevant Union legislation and comply with this paragraph, a reference in the EMS to the relevant documents shall be sufficient.

Amendment 113

Proposal for a directive

Article 1 – paragraph 1 – point 11

Directive 2010/75/EU

Article 14a – paragraph 3


Text proposed by the Commission	Amendment
3. The EMS of an installation shall be made available on the Internet, free of charge and without restricting access to registered users..	3. The EMS of an installation shall be made available on the Internet, free of charge and without restricting access to registered users in accordance with Article 4a of this Directive.

Amendment 114

Proposal for a directive

Article 1 – paragraph 1 – point 12

Directive 2010/75/EU

Article 15 – paragraph 1 – subparagraph 2 – introductory part


Text proposed by the Commission	Amendment
With regard to indirect releases of polluting substances into water, the effect of a waste water treatment plant outside the installation may be taken into account when determining the emission limit values of the installation concerned, provided that the operator ensures that all of the following requirements are fulfilled:	With regard to indirect releases of polluting substances into water, in the first instance the effect on an urban or industrial wastewater treatment plant, as applicable, outside the installation shall be taken into account when determining the emission limit values of the installation concerned in accordance with Article 14 of Directive [Urban Wastewater Treatment Directive (recast)]. As a second step the effect of an urban or industrial waste water treatment plant outside the installation may be taken into account when determining the emission limit values of the installation concerned. The steps, as referred to in this paragraph, shall be undertaken provided that an equivalent level of protection of the environment as a whole is guaranteed, that such steps do not lead to higher levels of pollution in the environment and provided the operator ensures that all of the following requirements are fulfilled:

Amendment 115

Proposal for a directive

Article 1 – paragraph 1 – point 12

Directive 2010/75/EU

Article 15 – paragraph 1 – subparagraph 2 – point a


Text proposed by the Commission	Amendment
(a) the released polluting substances do not impede the operation of the waste water treatment plant;	(a) the released polluting substances do not impede the operation of the waste water treatment plant or the capacity to recover resources from the waste water treatment stream;

Amendment 116

Proposal for a directive

Article 1 – paragraph 1 – point 12

Directive 2010/75/EU

Article 15 – paragraph 3 – subparagraph 1 – introductory part


Text proposed by the Commission	Amendment
The competent authority shall set the strictest possible emission limit values that are consistent with the lowest emissions achievable by applying BAT in the installation, and that ensure that, under normal operating conditions, emissions do not exceed the emission levels associated with the best available techniques (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 analysing the feasibility of meeting the strictest end of the BAT-AEL range and demonstrating the best performance the installation can achieve by applying BAT as described in BAT conclusions. The emission limit values shall be set through either of the following:	Subject to the publication of new or amended BAT conclusions, after the transposition of this Directive in accordance with Article 21 (3), or when the permit is granted or updated pursuant to Article 21(5), or [ date of the first day of the month following 10 years after the date of entry into force of this Directive], whichever is the sooner and for operators which have filed for application of a permit after the date of transposition of this Directiveand taking into account Commission Implementing Decision 2012/119/EU (“The BREF Guidance”) the competent authority shall set the strictest achievable emission limit values for the specific installation that are consistent with the lowest emissions achievable by applying BAT in the installation. Those limit values shall take into account cross-media effects and ensure that, under normal operating conditions, emissions do not exceed the emission levels associated with the best available techniques (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 whole BAT-AEL range, analysing the feasibility of meeting the strictest end of the BAT-AEL range and demonstrating the best overall performance the specific installation can achieve under normal operating conditions, while taking into consideration standard operating fluctuations in cases of short-term averages, by applying BAT as described in BAT conclusions. The emission limit values shall be set through either of the following:

Amendment 117

Proposal for a directive

Article 1 – paragraph 1 – point 12

Directive 2010/75/EU

Article 15 – paragraph 3 – subparagraph 2 a (new)


Text proposed by the Commission	Amendment
	If general binding rules are adopted concerning Article 15(3), Member States shall set general binding rules on the strictest achievable emission limit values by applying BAT only for categories of installations within the same sectoral activities that have similar characteristics, and based on an assessment by the Member States analysing the feasibility of meeting the strictest end of the range achievable.

Amendment 118

Proposal for a directive

Article 1 – paragraph 1 – point 12

Directive 2010/75/EU

Article 15 – paragraph 3a


Text proposed by the Commission	Amendment
3a. The competent authority shall set environmental performance limit values that ensure that, under normal operating conditions, such performance limits values do not exceed the environmental performance levels associated with BATs as laid down in the decisions on BAT conclusions referred to in Article 13(5).	3a. Subject to the publication of new or amended BAT conclusions under this Directive, and after its transposition, taking into account Commission Implementing Decision 2012/119/EU(“The BREF Guidance”), the competent authority shall set environmental performance limit values that ensure that, under normal operating conditions, such performance limits values do not exceed the environmental performance levels associated with BATs as laid down in the decisions on BAT conclusions referred to in Article 13(5) considering the cross-media effects in installations, including with heterogeneous emissions and industrial emissions.

Amendment 119

Proposal for a directive

Article 1 – paragraph 1 – point 12

Directive 2010/75/EU

Article 15 – paragraph 4 – subparagraph 1 – point b


Text proposed by the Commission	Amendment
(b) the technical characteristics of the installation concerned.	(b) the technical characteristics of the installation concerned, including in the case of an agreed closure plan of the installation, within 4 years of the publication of BAT conclusion.

Amendment 120

Proposal for a directive

Article 1 – paragraph 1 – point 12

Directive 2010/75/EU

Article 15 – paragraph 4 – subparagraph 4


Text proposed by the Commission	Amendment
Derogations referred to in this paragraph shall respect the principles set out in Annex II. The competent authority shall 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 may put at risk compliance with environmental quality standards referred to in Article 18.	Derogations granted after the transposition of this Directive referred to in this paragraph shall be granted for a maximum of five years and in compliance with the principles set out in Annex II. The competent authority shall aim to prevent pollution 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 may put at risk compliance with environmental quality standards referred to in Article 18.

Amendment 121

Proposal for a directive

Article 1 – paragraph 1 – point 12

Directive 2010/75/EU

Article 15 – paragraph 4 – subparagraph 5


Text proposed by the Commission	Amendment
The competent authority shall re-assess whether the derogation granted in accordance with this paragraph is justified every 4 years or as part of each reconsideration of the permit conditions pursuant to Article 21, where such reconsideration is made earlier than 4 years after the derogation was granted.	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 occurs earlier than 5 years after the derogation was granted.

Amendment 122

Proposal for a directive

Article 1 – paragraph 1 – point 12

Directive 2010/75/EU

Article 15 – paragraph 4 a (new) – subparagraphs 1 and 2


Text proposed by the Commission	Amendment
	4a. By way of derogation from paragraph 3a, and without prejudice to Article 18, the competent authority, in specific cases, may set environmental performance limit values, which are less strict than the mandatory upper end of the range. Such a derogation may apply only where an assessment shows that the achievement of environmental performance limit values with the best available techniques as described in BAT conclusions would lead to disproportionately higher costs compared to the environmental benefits and cross-media effects due to:
	(a) the geographical location or local climatic conditions of the installation concerned; or
	(b) technical characteristics of the installation concerned, including in a situation of an agreed closure plan of the installation, within 4 years of the publication of the BAT conclusions.
	The derogation from water-related environmental performance limit values, referred to in the first subparagraph, shall be conditional upon a robust assessment of a present and future water risk for the installation.

Amendment 123

Proposal for a directive

Article 1 – paragraph 1 – point 12

Directive 2010/75/EU

Article 15 – paragraph 4 a (new) – subparagraph 3


Text proposed by the Commission	Amendment
	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.

Amendment 124

Proposal for a directive

Article 1 – paragraph 1 – point 12

Directive 2010/75/EU

Article 15 – paragraph 4 a (new) – subparagraph 4


Text proposed by the Commission	Amendment
	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.

Amendment 125

Proposal for a directive

Article 1 – paragraph 1 – point 12

Directive 2010/75/EU

Article 15 – paragraph 4 a (new) – subparagraph 5


Text proposed by the Commission	Amendment
	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.

Amendment 126

Proposal for a directive

Article 1 – paragraph 1 – point 12

Directive 2010/75/EU

Article 15 – paragraph 4 a (new) – subparagraph 5


Text proposed by the Commission	Amendment
	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).

Amendment 127

Proposal for a directive

Article 1 – paragraph 1 – point 12

Directive 2010/75/EU

Article 15 – paragraph 4 b (new)


Text proposed by the Commission	Amendment
	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.

Amendment 128

Proposal for a directive

Article 1 – paragraph 1 – point 13

Directive 2010/75/EU

Article 15a – paragraph 1


Text proposed by the Commission	Amendment
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 of the measuring method.	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].

Amendment 129

Proposal for a directive

Article 1 – paragraph 1 – point 13

Directive 2010/75/EU

Article 15a – paragraph 2 – subparagraph 1


Text proposed by the Commission	Amendment
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 measuring 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).	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).

Amendment 130

Proposal for a directive

Article 1 – paragraph 1 – point 13

Directive 2010/75/EU

Article 15a – paragraph 2 – subparagraph 2


Text proposed by the Commission	Amendment
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 and the frequency of exceedance of emission limit values are to be taken into account in the compliance assessment.	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.

Amendment 131

Proposal for a directive

Article 1 – paragraph 1 – point 13 a (new)

Directive 2010/75/EU

Article 16 – paragraph 2


Present text	Amendment
	(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.	"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 at least once every 5 years for groundwater and 10 years for soil, unless such monitoring is based on a systematic appraisal of the risk of contamination.	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."

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

Amendment 132

Proposal for a directive

Article 1 – paragraph 1 – point 13 b (new)

Directive 2010/75/EU

Article 16 – paragraph 2 a (new)


Text proposed by the Commission	Amendment
	(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.

Amendment 133

Proposal for a directive

Article 1 – paragraph 1 – point 14 a (new)

Directive 2010/75/EU

Article 17 – paragraph 1


Present text	Amendment
	(14a) Article 17, paragraph 1 is replaced by the following:
1. When adopting general binding rules, Member States shall ensure an integrated approach and a high level of environmental protection equivalent to that achievable with individual permit conditions.	"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."

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

Amendment 134

Proposal for a directive

Article 1 – paragraph 1 – point 15

Directive 2010/75/EU

Article 18 – paragraph 1


Text proposed by the Commission	Amendment
Where an environmental quality standard requires stricter conditions than those achievable by the use of the best available techniques, additional measures 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.	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.

Amendment 135

Proposal for a directive

Article 1 – paragraph 1 – point 15

Directive 2010/75/EU

Article 18 – paragraph 2


Text proposed by the Commission	Amendment
Where stricter conditions have been included in the permit in accordance with the first paragraph, regular monitoring of the concentration 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. Where monitoring and measurement methods for the concerned pollutants are set out in other relevant Union legislation, such methods shall be used for the purpose of the monitoring referred to in this paragraph..	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.

Amendment 136

Proposal for a directive

Article 1 – paragraph 1 – point 15 a (new)

Directive 2010/75/EU

Article 19


Present text	Amendment
	(15a) Article 19 is replaced by the following:
Article 19	"Article 19
Developments in best available techniques	Developments in best available techniques
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 and shall make that information available to the public concerned.	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."

(32010L0075)

Amendment 137

Proposal for a directive

Article 1 – paragraph 1 – point 15 b (new)

Directive 2010/75/EU

Article 20 – paragraph 1


Present text	Amendment
	(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. Where appropriate, the competent authority shall update the permit.	"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."

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

Amendment 138

Proposal for a directive

Article 1 – paragraph 1 – point 15 c (new)

Directive 2010/75/EU

Article 21 – paragraph 1


Present text	Amendment
	(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.	"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."

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

Amendment 139

Proposal for a directive

Article 1 – paragraph 1 – point 15 d (new)

Directive 2010/75/EU

Article 21 – paragraph 3 – subpargraph 1 – point a


Present text	Amendment
	(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) and (4), 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), (3a) and (4), where applicable;"

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

Amendment 140

Proposal for a directive

Article 1 – paragraph 1 – point 16 a (new)

Directive 2010/75/EU

Article 22 – paragraph 2 – subparagraphs 1 and 2


Present text	Amendment
	(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 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.	"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 and groundwater contamination so as to make a quantified comparison with the state upon definitive cessation of activities provided for under paragraph 3.	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."

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

Amendment 141

Proposal for a directive

Article 1 – paragraph 1 – point 16 b (new)

Directive 2010/75/EU

Article 22 – paragraph 3 – subparagraph 1


Present text	Amendment
	(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 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.	"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."

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

Amendment 142

Proposal for a directive

Article 1 – paragraph 1 – point 16 c (new)

Directive 2010/75/EU

Article 23 – paragraph 4 – subparagraph 2


Present text	Amendment
	(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 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."

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

Amendment 143

Proposal for a directive

Article 1 – paragraph 1 – point 16 d (new)

Directive 2010/75/EU

Article 23 – paragraph 4 – subparagraph 5


Present text	Amendment
	(16d) In Article 23(4), subparagraph 5 is replaced by the following:
The Commission may adopt guidance on the criteria for the appraisal of environmental risks.	"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.""

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

Amendment 144

Proposal for a directive

Article 1 – paragraph 1 – point 17 – point a – point -i (new)

Directive 2010/75/EU

Article 24 – paragraph 1 – point b


Present text	Amendment
	(-i) In Article 24(1), point b is replaced by the following:
(b) the granting of a permit for any substantial change;	"(b) the granting or reconsidering of a permit for any substantial change;"

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

Amendment 145

Proposal for a directive

Article 1 – paragraph 1 – point 17 – point b – point i

Directive 2010/75/EU

Article 24 – paragraph 2 – introductory part


Text proposed by the Commission	Amendment
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, free of charge and without restricting access to registered users, in relation to points (a), (b) and (f), the following information:;	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:

Amendment 146

Proposal for a directive

Article 1 – paragraph 1 – point 17 – point b – point i a (new)

Directive 2010/75/EU

Article 24 – paragraph 2 – point a a (new)


Text proposed by the Commission	Amendment
	(ia) In Article 24(2), point a a (new) is inserted:
	(aa) the summary of the permit referred to in Article 5 (4);

Amendment 147

Proposal for a directive

Article 1 – paragraph 1 – point 17 – point b – point ii a (new)

Directive 2010/75/EU

Article 24 – paragraph 2 – point e


Present text	Amendment
	(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, have been determined in relation to the best available techniques and emission levels associated with the best available techniques;	"(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;"

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

Amendment 148

Proposal for a directive

Article 1 – paragraph 1 – point 17 – point c

Directive 2010/75/EU

Article 24 – paragraph 3 – introductory part


Text proposed by the Commission	Amendment
3. The competent authority shall also make available to the public, including systematically via the Internet, free of charge and without restricting access to registered users, the following:	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:

Amendment 149

Proposal for a directive

Article 1 – paragraph 1 – point 17 – point c

Directive 2010/75/EU

Article 24 – paragraph 3 – point b


Text proposed by the Commission	Amendment
(b) the results of emission monitoring as required under the permit conditions and held by the competent authority;	(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;

Amendment 150

Proposal for a directive

Article 1 – paragraph 1 – point 17 a (new)

Directive 2010/75/EU

Article 25 – paragraph 1 – introductory part


Present text	Amendment
	(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 24 when one of the following conditions is met:	"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:"

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

Amendment 151

Proposal for a directive

Article 1 – paragraph 1 – point 18

Directive 2010/75/EU

Article 25 – paragraph 1 – subparagraph 2


Text proposed by the Commission	Amendment
Standing in the review procedure may 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.	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.

Amendment 152

Proposal for a directive

Article 1 – paragraph 1 – point 18 a (new)

Directive 2010/75/EU

Article 25 – paragraph 3


Present text	Amendment
	(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.	"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 shall be deemed sufficient for the purpose of paragraph 1(a).	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 shall also be deemed to have rights capable of being impaired for the purpose of paragraph 1(b).	Such organisations and authorities shall also be deemed to have rights capable of being impaired for the purpose of paragraph 1(b)."

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

Amendment 153

Proposal for a directive

Article 1 – paragraph 1 – point 19

Directive 2010/75/EU

Article 26 – paragraph 1


Text proposed by the Commission	Amendment
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 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. 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.	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.

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

Amendment 154

Proposal for a directive

Article 1 – paragraph 1 – point 19 a (new)

Directive 2010/75/EU

Article 26 – paragraph 4 a (new)


Text proposed by the Commission	Amendment
	(19a) In Article 26, the following paragraph is added:
	4a. Member States shall ensure that competent authorities establish appropriate regional transboundary communication channels.

Amendment 155

Proposal for a directive

Article 1 – paragraph 1 – point 20

Directive 2010/75/EU

Chapter IIa – title


Text proposed by the Commission	Amendment
PROMOTING INNOVATION’	ENABLING AND PROMOTING INNOVATION

Amendment 156

Proposal for a directive

Article 1 – paragraph 1 – point 21

Directive 2010/75/EU

Article 27 – paragraph 1


Text proposed by the Commission	Amendment
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..	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.

Amendment 157

Proposal for a directive

Article 1 – paragraph 1 – point 22

Directive 2010/75/EU

Article 27a – paragraph 2


Text proposed by the Commission	Amendment
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 the BAT reference documents referred to in Article 13(1).	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).

Amendment 158

Proposal for a directive

Article 1 – paragraph 1 – point 22

Directive 2010/75/EU

Article 27a – paragraph 3 – point e a (new)


Text proposed by the Commission	Amendment
	(ea) representatives of the farmers concerned;

Amendment 159

Proposal for a directive

Article 1 – paragraph 1 – point 22

Directive 2010/75/EU

Article 27a – paragraph 3 – point g


Text proposed by the Commission	Amendment
(g) non-governmental organisations promoting


Text proposed by the Commission	Amendment
(1) The European Green Deal55 is Europe’s strategy to ensure, by 2050, a climate-neutral, clean and circular economy, optimising resource management, minimising pollution while recognising the need for deeply transformative policies. The Union is also committed to the 2030 Agenda for Sustainable Development56 and its Sustainable Development Goals57 . The EU Chemicals Strategy for Sustainability58 of October 2020 and the Zero Pollution Action Plan59 adopted in May 2021 specifically address pollution aspects of the European Green Deal. In parallel, the New Industrial Strategy for Europe60 further emphasises the potential role of transformative technologies. Other particularly relevant policies for this initiative include the ‘Fit for 55’ package61 , the Methane Strategy62 and the Glasgow methane pledge63 , the Climate Adaptation Strategy64 , the Biodiversity Strategy65 , the Farm to Fork strategy66 and the Sustainable Products Initiative67 . Besides, as part of the EU response to the 2022 Russia-Ukraine war, REPowerEU68 proposes a Joint European Action to support the diversification of energy supplies, accelerate the transition to renewable energy and improve energy efficiency.	(1) The European Green Deal 55 is Europe’s strategy to ensure, by 2050, a climate-neutral, clean and circular economy, optimising resource (re-)use and management, minimising pollution while recognising the need for deeply transformative policies, a just transition and the need to protect the health and well-being of citizens from environment-related risks and impacts. The Union is also committed to the Paris Agreement55a, the 2030 Agenda for Sustainable Development 56 and its Sustainable Development Goals57 and its involvement in the WHO. The EU Chemicals Strategy for Sustainability 58 of October 2020 and the Zero Pollution Action Plan 59 adopted in May 2021 specifically address pollution aspects of the European Green Deal. In parallel, the New Industrial Strategy for Europe 60 further emphasises the potential role of transformative technologies. Other particularly relevant policies for this initiative include the European Climate law60a, ‘Fit for 55’ package 61, the Methane Strategy 62 and the Glasgow methane pledge 63, the Climate Adaptation Strategy 64, the Biodiversity Strategy65, the Farm to Fork strategy 66 the Soil Strategy66a and the Sustainable Products Initiative 67. Besides, as part of the EU response to the 2022 Russia-Ukraine war, REPowerEU 68 proposes a Joint European Action to support the diversification of energy supplies, accelerate the transition to renewable energy and improve energy efficiency.
_________________	_________________
55 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions The European Green Deal; COM(2019) 640 final.	55 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions The European Green Deal; COM(2019) 640 final.
	55a Council Decision (EU) 2016/1841 of 5 October 2016 on the conclusion, on behalf of the European Union, of the Paris Agreement adopted under the United Nations Framework Convention on Climate Change (OJ L 282, 19.10.2016, p. 4)
56 https://www.un.org/ga/search/view_doc.asp?symbol=A/RES/70/1&Lang=E	56 https://www.un.org/ga/search/view_doc.asp?symbol=A/RES/70/1&Lang=E
57 https://sdgs.un.org/goals	57 https://sdgs.un.org/goals
58 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, Chemicals Strategy for Sustainability Towards a Toxic-Free Environment COM(2020) 667 final.	58 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, Chemicals Strategy for Sustainability Towards a Toxic-Free Environment COM(2020) 667 final.
59 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, Pathway to a Healthy Planet for All EU Action Plan: 'Towards Zero Pollution for Air, Water and Soil' COM(2021) 400 final.	59 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, Pathway to a Healthy Planet for All EU Action Plan: 'Towards Zero Pollution for Air, Water and Soil' COM(2021) 400 final.
60 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions, A New Industrial Strategy for Europe COM(2020) 102 final.	60 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions, A New Industrial Strategy for Europe COM(2020) 102 final.
	60a Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (‘European Climate Law’)
61 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, 'Fit for 55': delivering the EU's 2030 Climate Target on the way to climate neutrality COM/2021/550 final.	61 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, 'Fit for 55': delivering the EU's 2030 Climate Target on the way to climate neutrality COM/2021/550 final.
62 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on an EU strategy to reduce methane emissions COM(2020) 663 final.	62 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on an EU strategy to reduce methane emissions COM(2020) 663 final.
63 https://www.globalmethanepledge.org/	63 https://www.globalmethanepledge.org/
64 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions Forging a climate-resilient Europe - the new EU Strategy on Adaptation to Climate Change COM(2021) 82 final.	64 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions Forging a climate-resilient Europe - the new EU Strategy on Adaptation to Climate Change COM(2021) 82 final.
65 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions EU Biodiversity Strategy for 2030 Bringing nature back into our lives COM(2020) 380 final.	65 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions EU Biodiversity Strategy for 2030 Bringing nature back into our lives COM(2020) 380 final.
66 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions A Farm to Fork Strategy for a fair, healthy and environmentally-friendly food system COM(2020) 381 final.	66 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions A Farm to Fork Strategy for a fair, healthy and environmentally-friendly food system COM(2020) 381 final.
	66a Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions: EU Soil Strategy for 2030 Reaping the benefits of healthy soils for people, food, nature and climate; COM(2021)0699.
67 COM(2022) 142	67 COM(2022) 142
68 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions REPowerEU: Joint European Action for more affordable, secure and sustainable energy; COM(2022) 108 final.	68 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions REPowerEU: Joint European Action for more affordable, secure and sustainable energy; COM(2022) 108 final.