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 General approach

Council of the European Union Brussels, 13 March 2023 (OR. en)

7310/23 Interinstitutional File:

2022/0104(COD) i

ENV 226 IND 100 AGRI 118 COMPET 189 COMER 31 SAN 133 MI 181 CONSOM 73 ENT 48 CODEC 349

NOTE

From: General Secretariat of the Council

To: Council

Subject: Proposal for a Directive of the European Parliament and of the Council amending Directive 2010/75 i/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 i of 26 April 1999 on the landfill of waste

‒ General approach

• 1. 

  INTRODUCTION

  On 5 April 2022, the Commission submitted a proposal for a revision of the Industrial Emissions Directive (IED) (8064/1/22 REV 1). The main aim of this proposal is to make progress towards the EU’s zero pollution ambition for a toxic-free environment. The revised IED should also support climate, energy, and circular economy policies by accompanying the transformation of industry. As the EU’s main tool for controlling emissions from industrial installations, the IED is an important element of the European Green Deal. More specifically, the Commission proposes to:

  • - 

    bring more industrial installations under the scope of the directive, including more largescale intensive livestock farms,

  • - 

    make the directive more efficient in limiting emissions of pollutants,

  • - 

    take measures aimed to support decarbonisation and the transition to a non-toxic and circular economy,

  • - 

    take measures to reduce the administrative burden and make permitting more effective,

  • - 

    increase transparency, and

• - 

  give more support to breakthrough technologies and other innovative approaches.

  At the European Parliament the proposal is being examined by the Committee on the Environment, Public Health and Food Safety (ENVI), with the Industry and the Agriculture Committee associated. The draft report was issued on 14 November 2022. The vote in the committee is scheduled for 25 April 2023, followed by a debate in the May II Plenary.

  The Committee of the Regions and the Economic and Social Committee were consulted. The

  Committee of the Regions adopted its report on 12 October 2022. The European Economic

  and Social Committee adopted its report on 13 July 2022.

• 2. 

  PRESIDENCY COMPROMISE PACKAGE

  The Environment Council is in the lead as regards the examination of the Commission proposal on revising the IED. Nevertheless, the agricultural aspects of the proposal and its impact assessment were presented by the Commission to, and discussed at, the AGRIFISH Council meetings on 26 September 2022 and 30 January 2023 under ‘Any other business’. The Environment Council, at its meeting on 24 October 2022, held a policy debate on two specific topics: (i) issues of the proposal relevant for agriculture and (ii) penalties and a compensation mechanism. At the Environment Council meeting on 20 December 2022, the Czech Presidency provided an information note on the state of play.

Building on the work of the French and Czech Presidencies, the Swedish Presidency aims at reaching agreement on a General approach on the IED proposal in the Environment Council of 16 March. With that aim in mind, the Presidency has prepared the compromise package as it appears in the Annex. The changes compared to the Commission proposal are marked in “bold” and “strikethrough”. Considering the compromise package coherent and balanced, the Presidency has maintained the text examined at the meeting of the Committee of Permanent Representatives on 10 March. The compromise text sets out several measures that clarify the directive and/or reduce administrative burden, whilst maintaining a high level of environmental ambition. The compromise package provides a balance between the following main issues:

Scope of agro-industrial activities

Member States have expressed diverging views as regards the issue to what extent farms should fall under the scope of the directive. Member States thereby weighed, on the one hand, the effects of applying the requirements of the directive and the related administration on the competitiveness of farms,, and, on the other hand, protection of human health and the environment. With the aim to converge views, the Presidency submitted to Coreper on 10 March a compromise suggestion on agro-industrial activities to apply a differentiated approach: 350 LSU for cattle and pigs, 280 LSU for poultry and 350 LSU for mixed farms. This compromise also takes into account the fact that a level over 280 LSU for poultry would result in a higher threshold for broilers than under the current IED. In addition, the Presidency considers to having reached an acceptable compromise in relation to the exemption of extensive farming from the scope of the directive.

In reaction, some Member States continued advocating higher thresholds so that less agrocultural activities would fall under the scope of the directive. However, other Member States wanted more farms to be subject to the directive’s requirements. In light of this mixed reaction to the compromise suggestion, the Presidency suggests to refrain from amending the text that was submit to Coreper on 10 March and to put the same compromise to the Council for a political decision.

Scope of industrial activities

The meeting of Coreper on 10 March made clear that Member States agree with the Commission proposal to bring extraction and treatment of minerals under the scope of the directive, and to accept the previously inserted threshold of 500 tonnes for industrial minerals. These rules support a level playing field in the EU and the protection of human health and the environment, balanced with the level of administrative burden. In response to the argument expressed by several Member States that gypsum has limited risks for the environment, the Presidency deleted gypsum in point 3.6 of Annex I of the compromise package.

Penalties and compensation

Whilst most Member States can agree to a degree of coordination regarding the rules on penalties and compensation for infringements in the field of industrial emissions, other Member States have concerns to what extent EU rules can be transposed into their national legal systems. Coreper on 10 March overall indicated that the compromise suggestions on penalties and compensation were sufficiently flexible.

3 CONCLUSION

The Presidency believes that the annexed compromise package constitutes a careful, coherent and fair balance between different views and concerns expressed by Member States. This compromise package keeps the environmental aims of the proposal and the ambitions of the Green Deal and the green transition. Nevertheless, compared to the Commission proposal, this package adjust the scope of industrial activities that are subject to the requirements of the Industrial Emissions Directive, including agro-industrial activities on rearing cattle, pigs and poultry. Furthermore, the package increases flexibility for Member States’ different systems as regards penalties and compensation and processing infringements in the field of industrial emissions. Finally, it reduces the administrative burden for operators of industrial installations as well as for competent authorities.

Against this background, the Council is invited to examine the final compromise text as set out in the Annex to this note with a view to reaching agreement on a General approach at its meeting on 16 March 2023.

ANNEX

Proposal for a Directive of the European Parliament and of the Council amending Directive 2010/75 i/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 i of 26 April 1999 on the landfill of waste

2022/0104 (COD) i

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular

Article 192(1) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee 1,

Having regard to the opinion of the Committee of the Regions 2 ,

Acting in accordance with the ordinary legislative procedure,

1 OJ C , , p. .

2 OJ C , , p. .

Whereas:

• (1) 

  The European Green Deal 3 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 Development 4 and its Sustainable Development Goals 5 . The EU Chemicals Strategy for Sustainability 6 of October 2020 and the Zero Pollution Action Plan 7 adopted in May 2021 specifically address pollution aspects of the European Green Deal. In parallel, the New Industrial Strategy for Europe 8 further emphasises the potential role of transformative technologies. Other particularly relevant policies for this initiative include the ‘Fit for 55’ package 9 , the Methane Strategy 10 and the Glasgow methane pledge 11 , the Climate Adaptation Strategy 12 , the Biodiversity Strategy 13 , the Farm to Fork strategy 14 and the

3 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 i. 4 https://www.un.org/ga/search/view_doc.asp?symbol=A/RES/70/1&Lang=E 5 https://sdgs.un.org/goals

6 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 i. 7 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 i.

8 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 i. 9 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.

10 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 i. 11 https://www.globalmethanepledge.org/

12 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions Forging a climateresilient

Europe - the new EU Strategy on Adaptation to Climate Change COM(2021) 82 final i.

13 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 i.

Sustainable Products Initiative 15 . Besides, as part of the EU response to the 2022 Russia Ukraine war, REPowerEU 16 proposes a Joint European Action to support the diversification

of energy supplies, accelerate the transition to renewable energy and improve energy efficiency.

• (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 i/EU of the European Parliament and of the Council 17 . Addressing pollution from certain agro-industrial activities thus requires their inclusion within the scope of that Directive.

14 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 i.

15 COM(2022) 142 i

16 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.

17 Directive 2010/75 i/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.

• (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 human health and the environment . The governance mechanisms of Directive 2010/75 i/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 i/EU.

• (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 i/EU and to include also cattle farming within that scope. Rearing of cattle or pigs in installations operating under extensive production regimes should be exempted from the scope of IED, since they contribute positively to preserving landscapes, forest fire prevention and protecting biological diversity and habitats. The exemption should cover installations with pasture based rearing of cattle or pigs with a low stocking density where the animals are kept outdoors a large part of the year. The area used for calculating the density should be used for grazing by the animals in the installation or for growing fodder or forage used for feeding the animals in the installation. 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.

(4a) In order to prevent the artificial splitting of farms, which could result in the reduction of the farm LSU capacity to a threshold below the one established for the application of

this Directive, the Member State should adopt measures to ensure that if two or more installations are located close to each other and if their operator is the same or if the installations are under the control of operators who are engaged in an economic or legal relationship, the competent authority may consider those installations as a single unit for the purpose of calculating the capacity threshold for livestock.

• (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 i/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 i/EU and therefore contribute to a more sustainable growth of batteries manufacturing. Including large installations manufacturing batteries in the scope of Directive 2010/75 i/EU will improve in a holistic way the sustainability of batteries and minimise their impact on the environment throughout their life cycle.

• (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 i/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.

• (7) 

  The impact of pollution, including when caused by incidents or accidents, may extend beyond the territory of a Member State. In such cases, without prejudice to Directive 2012/18 i/EU of

  the European Parliament and of the Council 18 , limiting the consequences for human health and the environment of incidents or accidents and preventing further possible incidents or accidents requires prompt information and close coordination between the competent authorities of the Members States which are or may be affected by such events. Therefore, in the event of any incident or accident significantly affecting the environment or human health in another Member State, information and transboundary and multidisciplinary cooperation between the affected Member States should be fostered to limit the consequences for the environment and human health and to prevent further possible incidents or accidents.

• (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.

18 +OP: Please insert in the text the number of the Regulation contained in document 2020/0353(COD) i and insert the number, date, title and OJ reference of that Regulation in the footnote."

Directive 2012/18 i/EU of the European Parliament and of the Council of 4 July 2012 on the control of major-accident hazards involving dangerous substances (OJ L 197, 24.7.2012, p. 1).

• (9) 

  In order to foster energy efficiency of installations within the scope of Directive 2010/75 i/EU which are carrying out activities listed in Annex I to Directive 2003/87/EC i, 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.

• (10) 

  The evaluation of Directive 2010/75 i/EU concluded that there is a need to strengthen the links between that Directive and Regulation (EC) No 1907/2006 i 19 , to better address the risks of the use of chemicals in installations whithin the scope of Directive 2010/75 i/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 i/EU, ECHA should be given a formal role in such preparation of BAT reference documents.

• (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).

19 Regulation (EC) No 1907/2006 i 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).

• (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 i/EU.

• (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 this Directive and relevant BAT conclusions, and should make it relevant parts available to the public. When made available to the public the operator should have an opportunity to redact or exclude confidential business information. This should apply in a restrictive way, taking into account for the particular case the public interest served by disclosure. 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. In order to ensure that the EMS is in line with the requirements of the Directive, the EMS should be reviewed by the operator and audited by an external auditor or environmental verifier contracted by the operator, such as an accredited environmental verifier in accordance with Article 2(20) of Regulation 1221/2009 i.

(13a) In order to support decarbonisation, resource efficiency and a circular economy the

BAT-conclusions should include binding environmental performance levels associated with BAT, when appropriate, and indicative benchmarks. The environmental performance levels associated with BAT and the benchmarks may include consumption levels; resource efficiency levels and reuse levels covering materials, water and energy resources; waste and other levels obtained under specified reference conditions. The competent authority should set environmental performance limit values in the permit, that ensure that, under normal operating conditions, such performance limit values do not exceed the environmental performance levels associated with BATs. The operator should include the benchmarks in the EMS.

• (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 i/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.

• (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 In order to decrease the emissions, 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 be based on an assessment by the operator analysing the feasibility to meet the strictest end of the BAT AEL range and aiming at the best environmental performance possible for the specific 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. In order to support the setting of emission limit values in permits and the adoption of general binding rules, BAT Conclusions should contain information on the circumstances allowing the achievement of lower emissions levels within the range of BAT-AELs set for categories of installations having similar characteristics. When setting emission limit values within the range of the BAT AELs the derogation procedure is not applicable.

(15a) In recent years there have been exceptional situations of crises affecting the European Union and its Member States, like the COVID-19 pandemic and the Russian war of

aggression against Ukraine. These crises have suddenly and directly affected the supply of energy and of societally critical resources, materials or equipment, leading to severe shortage and disruption, to which it is necessary to reply swiftly. In case of such crises, it may be necessary to set less strict emission limit values and environmental performance limit values than the levels in the BAT-conclusions, in order to maintain energy production or the production of other equipment of critical importance or to allow the continuity of the operations of critical installations. The need to set less strict emission limit values or environmental performance limit values is to be balanced with the need to protect the environment and human health as well as to ensure the level playing field and the integrity of the internal market. Consequently, less strict limits may be set only as a last resort, when all other less polluting alternative measures have been exhausted. The competent authority should ensure that no significant pollution is caused due to emissions from the installation. In order to supervise the impact on the environment and public health, the emissions should be monitored. In order to ensure the level playing field and the internal market, the Commission should provide strict guidance regarding the emergencies and their circumstances that could be taken into account. The Member States should notify the Commission of the decision taken by the competent authority to allow the Commission to take action in case of abuses.

• (16) 

  The contribution of Directive 2010/75 i/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.

• (17) 

  With a view to preventing or minimising the emission of pollutants by installations within the scope of Directive 2010/75 i/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.

• (18) 

  The evaluation of Directive 2010/75 i/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 i/EU.

• (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.

• (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 i of the European Parliament and of the Council 20 .

• (21) 

  Parties to the Aarhus Convention on Access to Information, Public Participation in Decisionmaking and Access to Justice in Environmental Matters, at their seventh Meeting session,

  endorsed the Convention’s Compliance Committee’s findings in case ACCC/C/2014/121, according to which, by putting in place a legal framework that does not envisage any possibility for public participation in relation to reconsiderations and updates under Article 21 (3), (4) and (5)(b) and (c) of Directive 2010/75 i/EU, the European Union fails to comply with article 6 (10) of the Convention. These findings have been endorsed by the Union and its Member States, and with a view to reaching full compliance with the Aarhus Convention, it is necessary to specify that the public concerned should be given early and effective opportunities to participate in the granting or updating of permit conditions set by the competent authority also when permits conditions are reconsidered following the publication of decisions on BAT conclusions relating to the main activity of the installation; when developments in the best available techniques allow for the significant reduction of emissions; when the operational safety requires other techniques to be used; and where it is necessary to comply with a new or revised environmental quality standard.

20 Directive 2000/60/EC i 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).

• (22) 

  As clarified by the case-law of the Court of Justice 21 , Member States may not restrict legal

  standing to challenge a decision of a public authority to those members of the public concerned who participated in the preceding administrative procedure to adopt that decision. As also clarified by the case-law of the Court of Justice 22 , effective access to justice in environmental matters and effective remedies requires inter alia that members of the public concerned should have the right to ask the court or ancompetent independent and impartial body to order interim measures to prevent a given instance of pollution, including, where necessary, through the temporary suspension of the disputed permit. Therefore, it should be specified that legal standing should not be made conditional on the role that the concerned member of the public played during a participatory phase of the decision-making procedures under this Directive. In addition, any review procedure should be fair, equitable, timely and not prohibitively expensive, and provide for adequate and effective redress mechanisms, including injunctive relief as appropriate.

• (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.

21 Case C–826/18, Judgment of the Court (First Chamber) of 14 January 2021; LB and Others v College van burgemeester en wethouders van de gemeente Echt-Susteren; paragraphs 58 and 59.

22 Case C-416/10 Judgment of the Court (Grand Chamber), 15 January 2013; Jozef Križan and Others v Slovenská inšpekcia životného prostredia.Križan, paragraph 109.

• (24) 

  The evaluation of Directive 2010/75 i/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 Emerging 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).

• (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 i/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 i/EU of the European Parliament and of the Council 23 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 auditor organisation or environmental verifier 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.

• (26) 

  Further clarity is needed regarding the criteria to assess whether the cleaned gases or liquids resulting from the gasification and pyrolysis of waste are sufficiently purified to such an

  extent that they are no longer waste prior to their incineration.

23 Directive 2013/34 i/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 i of the European Parliament and of the Council and repealing Council Directives 78/660/EEC i and 83/349/EEC; OJ L 182, 29.6.2013,

• p. 

  19–76.

• (27) 

  In light of the high number of rearing installations that should be included within the scope of Directive 2010/75 i/EU, and the relative simplicity of the processes and emissions patterns of

  such installations, it is appropriate to set out specific administrative procedures for issuing permits and for the operation of the relevant activities which are adapted to the sector, without prejudice to requirements related to public information and participation, montoring and compliance.

• (28) 

  Innovative techniques coming on the market are expected to increasingly reduce both emissions of pollutants and of greenhouse gases from installations within the scope of both Directive 2010/75 i/EU and Directive 2003/87/EC i of the European Parliament and of the Council 24 . Whilst this will allow for the building of further synergies between those

  Directives, it may affect their operation, including on the carbon market. Directive 2003/87/EC i contains in this regard a provision to review the effectiveness of synergies with Directive 2010/75 i/EU, and calling for environmental and climate relevant permits to be coordinated to ensure efficient and speedier execution of measures needed to comply with Union climate and energy objectives. In order to take into account the dynamics of innovation in this regard and the review referred to in Article 8 of Directive 2003/87/EC i, the Commission should submit a report reviewing the implementation of Directive 2010/75 i/EU to the European Parliament and to the Council by 2028 and every 5 years thereafter.

24 Directive 2003/87/EC i of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community (OJ L 275, 25.10.2003, p. 32).

• (29) 

  In order to ensure that Directive 2010/75 i/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 should be established, 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. Taking into account the specificity of each sector of activity, implementing powers should be conferred on the Commission to establish uniform conditions. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 i of the European Parliament and of the Council. 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 2016 25 . 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.

25 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.

• (30) 

  In order to ensure uniform conditions for the implementation of Directive 2010/75 i/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 in accordance with art. 15.4, (ii) a standardised methodology for undertaking the assessment referred to in art 15.4a, (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 and (vi) on what information that is relevant for publication of the EMS. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 i of the European Parliament and of the Council 26 .

• (31) 

  In order to ensure the effective implementation and enforcement of the obligations set out in Directive 2010/75 i/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 i 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 i.

26 Regulation (EU) No 182/2011 i 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).

(31a) Member States should lay down rules on penalties applicable to infringements of national provisions adopted pursuant to this Directive and should ensure that they are implemented. The penalties should be effective, proportionate and dissuasive. Member States may lay down rules for administrative as well as criminal penalties for the same infringements. In any case, the imposition of criminal and administrative penalties should not lead to a breach of the right not to be tried or punished twice in criminal proceedings for the same criminal offence (ne bis in idem) as interpreted by the Court of Justice.

• (32) 

  Where damage to human health has occurred as a result of a violation of national measures adopted pursuant to Directive 2010/75 i/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 i 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.

• (33) 

  It is therefore appropriate for Directive 2010/75 i/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 i/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 i/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 i/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 i/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 i/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.

• (34) 

  The impact of Directive 2010/75 i/EU on the procedural autonomy of the Member States should be limited to what is necessary to ensure the objectives of protection of human health through a safe environment pursued by it and should not affect other national procedural rules establishing the right to seek compensation for violations of that Directive. Such national rules should however not hamper the effective functioning of the mechanism for seeking compensation required by Directive 2010/75 i/EU.

• (35) 

  The implementation of Directive 2010/75 i/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.

• (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 nonexhaustive way in Annex II to Directive 2010/75 i/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 166/2006 i 27 .

27 Regulation (EC) No 166/2006 i 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).

 (37) Although landfills are included within the scope of Directive 2010/75 i/EU, no BAT conclusions exist for landfills since that activity falls within the scope of Council Directive 1999/31/EC i 28 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 i, more effective techniques for protecting human health and the environment are now available. The adoption of BAT conclusions under Directive 2010/75 i/EU would allow addressing the key environmental issues related to the operation of waste landfills, including significant emissions of methane. Directive 1999/31/EC i should therefore allow for the adoption of BAT conclusions on landfills under Directive 2010/75 i/EU.

• (38) 

  Directives 2010/75 i/EU and 1999/31/EC should therefore be amended accordingly.

• (39) 

  Since the objectives of this Directive, namely to ensure a high level of environmental protection and the improvement of environmental quality, cannot be sufficiently achieved by Member States and can, therefore, by reason of the transboundary nature of pollution from industrial activities, be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.

• (40) 

  In accordance with the principle of proportionality, it is necessary and appropriate for the achievement of the basic objective of ensuring a high level of environmental protection and the improvement of environmental quality to lay down rules on integrated prevention and control of pollution arising from industrial activities. This Directive does not go beyond what is necessary in order to achieve the objectives pursued, in accordance with Article 5(4) of the Treaty on European Union.

28 Council Directive 1999/31/EC i of 26 April 1999 on the landfill of waste (OJ L 182 16.7.1999, p. 1).

• (41) 

  In accordance with the Joint Political Declaration of 28 September 2011 of Member States

and the Commission on explanatory documents 29 , Member States have undertaken to

accompany, in justified cases, the notification of their transposition measures with one or more documents explaining the relationship between the components of a directive and the corresponding parts of national transposition instruments. With regard to this Directive, the legislator considers the transmission of such documents to be justified.

• (43) 

  In order to give the Member States, Competent Authorities and installations time to comply with the new provisions, and also to give time to adopt new BATconclusions that take the new provisions into account transitional provisions should be prescribed. To ensure legal certainty there is a need to have a fixed date when the provisions should be complied with at the absolute latest. With regard to the Seville process and the number of BAT reference documents that need to be reviewed, this date should be set to 16 years for existing activities and 10 years for new activities. This does not prevent BAT-

  conclusions to be adopted earlier. Existing installation shall comply with the provisions in the current IED, until there are new BAT conclusions or there is a permit update.

29 OJ C 369, 17.12.2011, p. 14.

• (44) 

  Combustion plants that are part of small isolated systems may, due to their geographical location and lack of interconnection to the mainland grid of Member States or the grid

  of another Member State, face special challenges requiring more time to comply with emission limit values. The Member States concerned should establish a plan for compliance covering combustion plants being part of a small isolated system that sets out the measures taken by the Member State to ensure compliance with the emission limit values at the latest by 31 December 2029. The Plan should describe the measures taken to ensure compliance and measures to minimise the magnitude and duration of the pollutant emissions during the period covered by the plan and include information on demand management measures and cleaner fuel switching possibilities such are deployment of renewables and interconnection with the mainland grids or the grid of another Member State. Member States concerned should communicate their Compliance Plan to the Commission. Member States should update the plan in case the Commission raises objections. Member States concerned should report annually on progress towards compliance.

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Amendments to Directive 2010/75 i/EU

Directive 2010/75 i/EU is amended as follows:

• (1) 

  In Article 1, the second paragraph is replaced by the following:

  ‘This Directive lays down rules on integrated prevention and control of pollution arising from

  industrial activities.

  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, and to promote circular economy and decarbonisation, in order to achieve a high level of protection of human health and the environment taken as a whole.’.

• (2) 

  In Article 2, paragraph 1 is replaced by the following:

  ‘1. This Directive shall apply to the industrial activities giving rise to pollution referred to in Chapters II to VIa.’.

• (3) 

  Article 3 is amended as follows:

  (a) point (3) is replaced by the following:

  ‘(3) ‘installation’ means a stationary technical unit within which one or more activities listed in Annex I, in Annex Ia or in Part 1 of Annex VII are carried out, and any other directly associated activities on the same site which have a technical connection with the activities listed in those Annexes and which could have an effect on emissions and pollution;’;

  (aa) the following point (5a) is inserted:

  ‘(5a)‘environmental performance limit value’ means the environmental performance levels, including consumption levels, resource efficiency levels and reuse levels covering materials, water and energy resources, waste and other levels obtained under specified reference conditions, which may not be exceeded during one or more periods of time.

(b) point (12) is replaced by the following:

‘(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 and with emerging techniques, the environmental performance levels associated with the best available techniques and with emerging 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;

(c) the following points (12 a), (13a) and (13b) is are inserted:

‘(12a) ‘Operating rules‘ means the rules included in permits or general binding rules for the operation of activities referred to in annex I a, 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.

‘(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; as described in BAT conclusions’.

(13b) ‘benchmarks’ means the indicative range of environmental performance levels associated with best available techniques, which shall be used as a reference in the EMS. other than emission levels, and may include:

(a)consumption levels;

(b)resource efficiency levels and reuse levels covering materials, water and energy resources;

• e) 

  waste and other levels obtained under specified reference conditions.

(d) point (17) is replaced by the following:

‘(17) ‘the public concerned’ means the public affected or likely to be affected by, or having an interest in, the taking of a decision on the granting or the updating of a permit or of permit conditions; for the purposes of this definition, non-governmental organisations promoting the protection of human health or the environment and meeting any requirements under national law shall be deemed to have an interest;’.

(e) the following points (23a), (23b) and (23c) are inserted:

‘(23a) ‘pigs’ means pigs as defined in Article 2 of Council Directive 2008/120/EC i*;

‘(23b) ‘cattle’ means domestic animals of the species Bos taurus; (23c) ‘livestock unit’ or ‘LSU’ means the grazing equivalent of one adult dairy cow producing 3 000 kg of milk annually, without additional concentrated foodstuffs, which is unit used to express the size of farms rearing different categories of animals, using the conversion rates, with reference to actual production within the calendar year, set out in Annex Ia II to Commission Implementing Regulation (EU) No 808/2014**’.

• * 

  Council Directive 2008/120/EC i of 18 December 2008 laying down minimum standards for the protection of pigs (OJ L 47, 18.2.2009, p. 5).

** Commission Implementing Regulation (EU) No 808/2014 i of 17 July 2014 laying down rules for the application of Regulation (EU) No 1305/2013 i of the European Parliament and of the Council on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) (OJ L 227 31.7.2014, p. 18).’;.

(f) the following points (48) to (53) are added:

‘(48) ‘industrial minerals’ means minerals used in industry for the production of semifinished or finished products, with the exception of metalliferous ores, energy minerals, construction minerals and precious stones;

• (49) 

  ‘metalliferous ores’ means ores that yield metals or metallic substances;

  • (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;

  • (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 as described in BAT conclusions;

  • (52) 

    ‘compliance assurance’ means mechanisms for securing compliance using three categories of intervention: compliance promotion; compliance monitoring; follow-up and enforcement.’;

  • (53) 

    ‘‘benchmarks’ means the indicative range of environmental performance levels associated with best available techniques, other than emission levels, and may include: (a) consumption levels; (b) resource efficiency levels and reuse levels covering materials, water and energy resources; (e) waste and other levels obtained under specified reference conditions.’.

• (4) 

  In Article 4(1), the second subparagraph is replaced by the following:

  ‘1. Member States shall take the necessary measures to ensure that no installation or combustion plant, waste incineration plant or waste co-incineration plant is operated without a permit.

  By way of derogation from the first subparagraph, Member States may set a procedure for the registration of installations covered only by Chapter V or Chapter VIa.

  The procedure of registration shall be specified in a binding act and include at least a notification to the competent authority by the operator of the intention to operate an installation.’

• (5) 

  In Article 5, the following paragraph (4) is added:

  ‘4. Member States shall ensure that permits granted pursuant to this Article are made available on the Internet, free of charge and without restricting access to registered users. In addition, a summary of each permit shall be made available to the public under the same condtions. That summary shall include at least the following:

  (a) an overview of the main permit conditions;

(b) the emission limit values and environmental performance limits values;

(c) any derogations granted in accordance with Article 15(4);

(d) the applicable BAT conclusions;

(e) the provisions for reconsideration and updating of the permit.

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).’.

• (6) 

  Articles 7 and 8 are replaced by the following:

‘Article 7

Incidents and accidents

Without prejudice to Directive 2004/35/EC i of the European Parliament and of the Council of 21 April 2004* on environmental liability with regard to the prevention and remedying of environmental damage, in the event of any incident or accident significanlty affecting human health or the environment, Member States shall take the necessary measures to ensure that:

(a) the operator informs the competent authority immediately;

(b) the operator immediately takes the measures to limit the environmental consequences on human health or the environment and to prevent further possible incidents or

accidents;

(c) the competent authority requires the operator to take any appropriate complementary measures that the competent authority considers necessary to limit the environmental consequences on human health or the environment 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. 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.

Article 8

Non-compliance

• 1. 

  Member States shall take the necessary measures to ensure that the permit conditions are complied with.

  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.

• 2. 

  In the event of a breach of the permit conditions, Member States shall ensure that:

  (a) the operator immediately informs the competent authority;

  (b) the operator immediately takes the measures necessary to ensure that compliance is restored within the shortest possible time;

  (c) the competent authority requires the operator to take any appropriate complementary measures that the competent authority considers necessary to restore compliance.

  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.

• 3. 

  Where the breach of the permit conditions continues to cause a danger to human health or 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.

  • * 

    Directive 2004/35 i/CE of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of

    environmental damage (OJ L 143, 30.4.2004, p. 56).’.

• (7) 

  In Article 9, paragraph (2) is deleted.

• (8) 

  In Article 11, the following points (fa), (fb) and (fc) are inserted:

  (fa) material resources and water are used efficiently, including through re-use;

  (fb) the overall life-cycle environmental performance of the supply chain is taken into account as appropriate;

  (fc) an environmental management system is implemented as referred to in Article 14a’; (9) Article 13 is amended as follows:

  (a) paragraph 1 is replaced by the following:

  ‘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.’

  (b) In paragraph 2, the following subparagraph is added:

  ‘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.’.

• (10) 

  Article 14 is amended as follows:

  (a) paragraph 1 is amended as follows:

  (i) the first subparagraph is replaced by the following:

  ‘Member States shall ensure that the permit includes all measures necessary to comply with the requirements of Articles 11 and 18. To that effect, Member States shall ensure that permits are granted further to consultation of all relevant authorities who ensure compliance with Union environmental legislation, including with environmental quality standards. Those measures shall include at least the following’;

(ii) in the second subparagraph, point (a) is replaced by the following:

‘(a) emission limit values for polluting substances listed in Annex II of Regulation (EC) No 166/2006 i*, and for other polluting substances, which are likely to be emitted from the installation concerned in significant quantities, having regard to their nature, their hazardousness and their potential to transfer pollution from one medium to another;

• * 

  Regulation (EC) No 166/2006 i 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 i and 96/61/EC (OJ L 33, 4.2.2006, p. 1).’;

(iii) the following point (aa) is inserted:

‘(aa) environmental performance limit values in accordance with Article 15(3a);’ ;

(iiia) the following point (ab) is inserted:

‘(ab) appropriate requirements ensuring the assessment of the need to prevent or reduce the emissions of substances fulfilling the criteria of article 57 or

substances addressed in restrictions in annex XVII to regulation (EC) No 1907/2006.’,

(iv) point (b) is replaced by the following:

‘(b) appropriate requirements ensuring protection of the soil, and groundwater and surface water, and measures concerning the monitoring and management of waste generated by the installation;’;

(v) the following point (ba) is inserted:

‘(ba) appropriate requirements for an environmental management system as laid down in Article 14a;’;

(vi) the following point (bb) is inserted:

‘(bb) suitable monitoring requirements for the consumption and reuse of resources such as energy, water and raw materials;’;

(vii) in point (d), the following subpoint (iii) is added:

(iii) information on progress towards fulfilment of the environmental policy objectives

referred to in Article 14a. Such information shall be made public;’;

(viii) point (h) is replaced by the following:

‘(h) conditions for assessing compliance with the emission limit values and environmental performance limit values or a reference to the applicable requirements specified elsewhere.’.

• (11) 

  The following Article 14a is inserted:

‘Article 14a

Environmental management system

• 1. 

  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 paragraph 2-3(a) and relevant BAT conclusions that determine aspects to be covered in the EMS.

  The EMS shall be reviewed periodically to ensure that it continues to be suitable, adequate

  and effective.

• 2. 

  The EMS shall include at least the following:

  (a) environmental policy objectives for the continuous improvement of the environmental performance and safety of the installation, which shall include measures to:

  (i) prevent the generation of waste;

  (ii) optimise resource and energy use and water reuse;

  (iii) prevent or reduce risks associated with the use or emissions of hazardous substances.

  (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;

  (c) for installations covered by the obligation to conduct an energy audit or implement an energy management system pursuant to Article 8 of Directive 2012/27 i/EU, inclusion of the results of that audit or implementation of the energy management system pursuant to Article 8 and Annex VI of that Directive and of the measures to implement their

  recommendations;

(d) a chemicals inventory of the hazardous substances present in or emitted from 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 or reduce their use or emissions, with special regard to the substances fulfilling the criteria of Article 57 and substances addressed in restrictions in Annex XVII to Regulation (EC) No 1907/2006;

(e) measures taken to achieve the environmental objectives and avoid risks for human health or the environment, including corrective and preventive measures where needed;

(f) a transformation plan as referred to in Article 27d.

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.

Where elements of the EMS, have already been developed elsewhere and comply with this article a reference may be made in the EMS to the relevant documents.

• 3. 

  The EMS of an installation Member States shall ensure that relevant information of the EMS from paragraph 2 a – e and the transformation plan shall be made available on the Internet, free of charge and without restricting access to registered users.’

  The Commission shall, by 31 December 2025, adopt an implementing act on what information that is relevant for publication. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 75(2).

  Information may be redacted, or if that is not possible, excluded when made available on

  the Internet, if the disclosure of the information would adversely affect any of the

  interests listed in article 4.2 (a)-(h) of Directive 2003/4/EC i.

3a. Member States shall take the necessary measures to ensure that the operator reviews its EMS to ensure that it is suitable, adequate and effective and that the EMS is audited at least every 3 years by an external auditor or an environmental verifier contracted by the operator, who verifies the conformity of the EMS and of its implementation with this

article.

The first audit of the EMS shall take place at the latest 36 months after [OP please insert the date = the first day of the month following 18 24 months after the date of entry into force of this Directive].

• (12) 

  Article 15 is replaced by the following:

‘Article 15

Emission limit values, environmental performance limit values, equivalent parameters and

technical measures

‘1. The emission limit values for polluting substances shall apply at the point where the emissions leave the installation, and any dilution prior to that point shall be disregarded when determining those values.

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:

(a) the released polluting substances do not impede the operation of the waste water treatment plant;

(b) the released polluting substances do not harm the health of the staff working in collecting systems and waste water treatment plants;

(c) the waste water treatment plant is designed and equipped to abate the released polluting substances;

(d) the overall load of the concerned polluting substances eventually released into the water is not increased compared to the situation where the emissions from the installation

concerned remained compliant with emission limit values set for direct releases in accordance with paragraph (3) of this Article, without prejudice to stricter measures required pursuant to Article 18.

The competent authority shall set out in an annex to the permit conditions the reasons for the application of the second subparagraph, including the result of the assessment by the operator of the fulfilment of the required conditions.

The operator shall provide an updated assessment in cases where the permit conditions should be changed to ensure that the requirements set out in the second subparagraph, points (a) to (d) are fulfilled.

• 2. 

  Without prejudice to Article 18, the emission limit values and the equivalent parameters and technical measures referred to in Article 14(1) and (2) shall be based on BAT, without

  prescribing the use of any technique or specific technology.

• 3. 

  The competent authority shall set the strictest possible achievable emission limit values that are consistent with the lowest emissions achievable by applying BAT in the installation,

  considering the entire range of the emission levels associated with the best available techniques (BAT-AELs) and that The emission limit values shall to 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, having regard to possible cross-media effects. The emission limit values shall be set through either of the following:

  (a) setting emission limit values expressed for the same or shorter periods of time and under the same reference conditions as the emission levels associated with the best available

  techniques; or

  (b) setting different emission limit values than those referred to under point (a) in terms of values, periods of time and reference conditions.

  Where the emission limit values are set in accordance with point (b) the competent authority shall, at least annually, assess the results of emission monitoring in order to ensure that emissions under normal operating conditions have not exceeded the emission levels associated with the best available techniques.

  General binding rules referred to in Article 6 may be applied while setting relevant emission limit values according to this article.

  If general binding rules are adopted, the strictest possible achievable emission limit values achievable by applying BAT shall be set for categories of installations having similar characteristics that are relevant in determining the lowest emission levels achievable, considering the entire range of the BAT AELs. The general binding rules shall be based on an assessment made established by the Member State, based on the information in the BAT conclusions, analysing the feasibility of meeting the strictest end of the BAT-AEL range and demonstrating the best performance that those categories of installations can achieve by applying BAT as described in BAT conclusions.

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).

• 4. 

  By way of derogation from paragraph 3, and without prejudice to Article 18, the competent authority may, in specific cases, set less strict emission limit values higher than the emission levels associated with best available techniques. Such a derogation may apply only where an assessment shows that the achievement of emission levels associated with the best

  available techniques as described in BAT conclusions would lead to disproportionately higher

  costs compared to the environmental benefits due to:

  (a) the geographical location or the local environmental conditions of the installation concerned; or

(b) the technical characteristics of the installation concerned.

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 sby and the justification for the conditions imposed.

The emission limit values set in accordance with the first subparagraph shall, however, not exceed the emission limit values set out in the Annexes to this Directive, where applicable.

Derogations referred to in this paragraph shall respect the principles set out in Annex II. The competent authority shall ensure that the operator provides an assessment of the impact of the derogation on the concentration of the pollutants concerned in the receiving environment and in any case ensure that no significant pollution is caused and that a high level of protection of the environment as a whole is achieved. Derogations shall not be granted where they may put at risk compliance with environmental quality standards referred to in Article 18.

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 Commission shall adopt an implementing act, to establish a standardised methodology for

assessing the disproportionality between the costs of implementation of the BAT conclusions

and the potential environmental benefits referred to in the first subparagraph. That

implementing act shall be adopted in accordance with the examination procedure referred to

in Article 75(2).’.

4a By way of derogation from paragraph 3a, the competent authority may, in specific cases, set less strict environmental performance limit values. Such a derogation may apply

only where an assessment shows that that, the achievement of performance levels associated with the best available techniques as described in BAT conclusions will lead to significant negative environmental impact, including cross media effects, or significant economical impact due to:

(a) the geographical location or the local environmental conditions of the installation concerned; or

(b) the technical characteristics of the installation concerned,

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.

The competent authority shall in any case ensure that operating under less strict environmental performace limit value shall not cause any significant environmental impact and shall achieve a high level of protection of the environment as a whole.

The Commission shall establish, by means of implementing acts, a standardised methodology for undertaking the assessment referred to in the first subparagraph. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 75(2).

• (5) 

  The competent authority may grant temporary derogations from the requirements of paragraphs 2 and 3 of this Article and from Article 11(a) and (b) for the testing and use of emerging techniques for a total period of time not exceeding 9 months, provided that after the period specified, either the technique is stopped or the activity achieves at least the emission levels associated with the best available techniques.

  By way of derogation from paragraph 3 and 3a, the competent authority may set less strict emission limit values or environmental performance limit values in case of a crisis due to extra ordinary circumstances beyond the control of the operator and Member States, leading to severe disruption or shortage [in at least two/several] Member states of:

  • a. 

    energy supplies and where there is an overriding public interest in security of energy supply, or

  • b. 

    resources, materials and equipment essential for the operator to perform its activities, of public interest, in compliance with the applicable emission limit values or environmental performance limit values, or

  • c. 

    essential resources, materials or equipment, that the operator produces in order to compensate such shortage or disruption for reasons of public health or public

    safety, or other imperative reasons of overriding public interests.

As soon as the supply conditions are restored or when there is another alternative, the

Member State shall ensure that the decision to set less strict emission limit values and environmental performance limit values ceases to have effect, and the installation shall comply with permit conditions set in accordance with paragraph 3 and 3a.

The competent authority shall ensure that no significant pollution is caused and set less strict limit values only when all less polluting measures have been exhausted.

The Members States shall take measures to ensure that the emissions are monitored.

The derogation shall not be granted for more than 3 months. If the reasons justifying the derogations persists the derogation may be prolonged, prolonged for a period of maximum 3 months.

In duly justified cases of urgency and imperative reasons of overriding public interests, Member States may take measures to derogate from Article 24(1) when the competent authority sets less strict values under this paragraph.

The competent authority shall make the derogation and the conditions imposed publicly available in accordance with Art. 24(2).

The Commission may, where necessary, assess and further clarify, through guidance, the criteria to be taken into account for the application of this paragraph.

Member states shall notify the Commission of any derogation granted under this paragraph, including the reasons for justifying the derogation and the conditions imposed.

• (13) 

  The following Article 15a is inserted:

‘Article 15a

Compliance assessment

• 1. 

  For the purpose of assessing compliance under normal operating conditions 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.

• 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 measuring method for assessing compliance under normal operating conditions 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 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.

• 3. 

  Where an installation falling within the scope of this Chapter also falls within the scope of

  Chapter III or IV and compliance with emission limit values set in accordance with this Chapter is demonstrated pursuant to paragraph 1 of this Article, the installation shall be deemed to also comply with the emission limit values set pursuant to Chapter III or IV for the pollutants concerned under normal operating conditions.’.

• (14) 

  In Article 16, the following paragraph 3 is added:

  ‘3. Where a derogation referred to in Article 15(4) has been granted, Member States shall ensure that the operator monitors the concentration of the pollutants concerned by the derogation which are present in the receiving environment.

  Where the assessment referred to in Article 15(4) demonstrates that the derogation

  will have a quantifiable or measurable effect on the environment, Member States

  shall ensure that the concentration of the pollutants concerned shall be monitored

  in the receiving environment.

  The results of the monitoring shall be transmitted to the competent authority. Where relevant, monitoring and measuring methods for each concerned pollutant set out in other relevant Union legislation shall be used for the purpose of the monitoring referred to in this paragraph.

• (15) 

  Article 18 is replaced by the following:

‘Article 18

Environmental quality standards

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 stricter conditions have been included in the permit in accordance with the first paragraph, the competent authority shall assess the impact of the stricter conditions on the concentration of the pollutants concerned in the receiving environment.

Where the stricter conditions included in the permit in accordance with the first paragraph have a quantifiable or measurable effect on the environment, the competent authority may require the operator to monitor the concentration of the pollutants concerned in the receiving environment.

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 t 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.’

• (16) 

  In Article 21(5), point (c) is replaced by the following:

  ‘(c) where it is necessary to comply with an environmental quality standard referred to in Article 18, including in the case of a new or revised 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.’.

• (17) 

  Article 24 is amended as follows:

  (a) paragraph 1 is amended as follows:

  (i) point (d) is replaced by the following:

  ‘(d) the updating of a permit or permit conditions for an installation in accordance with Article 21(5) points (a), (b) and (c);’;

  (ii) the following point (e) is added:

  ‘(e) the updating of a permit in accordance with Article 21(3) or Article 21(4).’.

  (b) paragraph 2 is amended as follows:

  (i) the first subparagraph is replaced by the following:

   ‘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:

  (a) the content of the decision, including a copy of the permit and any subsequent updates, including consolidated permit conditions where relevant;

  (b) the reasons on which the decision is based; (c) the results of the consultations held before the decision was taken, including consultations held pursuant to Article 26, and an explanation of how those consultations were taken into account in that decision;

  (d) the title of the BAT reference documents relevant to the installation or activity concerned; (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;

  (f) where a derogation is granted in accordance with Article 15(4), the specific reasons for that derogation based on the criteria laid down in that paragraph and the conditions imposed.’;

(c) paragraph 3 is replaced by the following:

‘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:

(a) relevant information on the measures taken by the operator upon definitive cessation of activities in accordance with Article 22;

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

(c) the results of the monitoring referred to in Article 16(3) and in Article 18, second subparagraph.

• (18) 

  In Article 25(1), the following subparagraphs are added:

  ‘1. 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:

  (a) they have a sufficient interest;

  (b) they maintain the impairment of a right, where administrative procedural law of a Member State requires this as a precondition.

Standing in the review procedure may 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.

The review procedure shall be fair, equitable, timely and not prohibitively expensive, and shall provide for adequate and effective redress mechanisms, including injunctive relief as appropriate.’.

• (19) 

  In Article 26, paragraphs 1 and 2 are replaced by the following:

  ‘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.

  • 2. 

    Member States shall ensure that, in the cases referred to in paragraph 1, the application for a permit is also made available for comments to the public of the Member State

    which may be significantly affected and remains available for the same period of time as provided in the Member State where the application has been made.

• (20) 

  The following heading is inserted after Article 26:

‘CHAPTER IIa

PROMOTING INNOVATION’

• (21) 

  Article 27 is replaced by the following:

‘Article 27

Emerging techniques

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.’.

• (22) 

  The following Articles 27a to 27d are inserted:

Article 27a

Innovation centre for industrial transformation and emissions

• 1. 

  The Commission shall establish and operate an innovation centre for industrial transformation and emissions (the 'centre’ or ‘INCITE’).

• 2. 

  The centre shall collect and analyse information on innovative techniques, including emerging techniques contributing inter alia to minimisation of pollution, decarbonisation, resource efficiency, circular economy and techniques using less or safer chemicals, 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).

• 3. 

  The centre shall be assisted by:

  (a) representatives of Member States;

  (b) relevant public institutions;

  (c) relevant research institutes;

  (d) research and technology organisations;

  (e) representatives of the industries concerned;

  (f) technology providers;

  (g) non-governmental organisations promoting environmental protection;

  (h) the Commission.

• 4. 

  The centre shall make its findings public, subject to the restrictions laid down in Article 4(1) and (2) of Directive 2003/4/EC i.

  The Commission shall adopt an implementing act setting out the detailed arrangements necessary for the establishment and functioning of the centre. This implementing act shall be adopted in accordance with the examination procedure referred to in Article 75(2).

Article 27b

Testing of emerging techniques

Without prejudice to Article 18, the competent authority may grant temporary derogations from the requirements set out in Article 15(2) and (3) and (3a) and from the principles set out in Article 11, points (a) and (b), for the testing of emerging techniques for a total period of time not exceeding 24 months.

Article 27c

Emission levels associated with emerging techniques

By way of derogation from Article 21(3), the competent authority may set emission limit values and environmental perfomance limit values that ensure that, within 6 years of publication of a decision on BAT conclusions in accordance with Article 13(5) relating to the main activity of an installation, emissions shall not, under normal operating conditions, exceed emission levels or environmental performance levels associated with emerging techniques as laid down in the decisions on BAT conclusions.

Article 27d

Transformation plan for a clean, circular and climate neutral industry

• 1. 

  Member States shall require that by 30 June 2030 the operator includes in its environmental management system referred to in Article 14a a transformation plan for each installation

  carrying out any activity listed in points 1, 2, 3, 4, 6.1 a, and 6.1 b of Annex I. The transformation plan shall contain information on how the installation will transform itself during the 2030-2050 period in order to contribute to the emergence of a sustainable, clean, circular and climate-neutral economy by 2050, using the format referred to in paragraph 4.

  Member States shall take the necessary measures to ensure that by 31 December 2031, the audit organisation contracted by the operator as part of its environmental management system referred to in Article 14a(3a) assesses the conformity of the transformation plans referred to in the first subparagraph of paragraph 1 with the requirements set out in the implementing act referred to in paragraph 4.

• 2. 

  Member States shall require that, as part of the review of the permit conditions pursuant to

  Article 21(3) following the publication of decisions on BAT conclusions after 1 January 2030,

  the operator includes in its environmental management system referred to in Article 14a a

  transformation plan for each installation carrying out any activity listed in Annex I that is not

  referred to in paragraph 1. The transformation plan shall contain information on how the

  installation will transform itself during the 2030-2050 period in order to contribute to the

  emergence of a sustainable, clean, circular and climate-neutral economy by 2050, using the

  format referred to in paragraph 4.

  Member States shall take the necessary measures to ensure that the audit organisation contracted by the operator as part of its environmental management system referred to in Article 14a(3a) assesses the conformity of the transformation plans referred to in the first subparagraph of paragraph 2 with the requirements set out in the implementing act referred to in paragraph 4.

• 3. 

  The operator shall make its transformation plan as well as the results of the assessment referred to in paragraphs 1 and 2 public, as part of the publication of its environmental management system.

• 4. 

  The Commission shall by 30 June 2028 31 December 2025, adopt an implementing act establishing the format for the transformation plans. This implementing act shall be adopted in accordance with the examination procedure referred to in Article 75(2).’.

Article 34a

(22a) The following Article 34a is inserted:

• 1. 

  Member states may, until 31 December 2029, exempt combustion plants being part of a small isolated system on [date of entry into force] from compliance with the emission

  limit values referred to in Article 30(2) and in Article 15(3) for sulphur dioxide, nitrogen oxides and dust or, where applicable, with the rates of desulphurisation referred to in Article 31. The emission limit values for sulphur dioxide, nitrogen oxides and dust set out in the permit of these combustion plants, pursuant in particular to the requirements of Directives 2001/80/EC i and 2008/1/EC, shall at least be maintained.

  The Members States shall take measures to ensure that the emissions are monitored and that no significant pollution is caused. Member States may only exempt installations from the emission limit values when all less polluting measures have been exhausted. The exemption shall not be made for a longer period than necessary.

• 2. 

  As from 1 January 2030, the concerned combustion plants shall comply with the emission limit values for sulphur dioxide, nitrogen oxides and dust set out in part 2 of Annex V and with the emission limit values referred to in Article 15(3) for sulphur dioxide, nitrogen oxides and dust.

• 3. 

  The Member States that have provided exemptions in accordance with paragraph 1 shall implement a Compliance Plan covering the combustion plants that benefit from an exemption in accordance with paragraph 1. The Compliance Plan shall contain the measures taken by the Member State to ensure compliance with the emission limit

  values for sulphur dioxide, nitrogen oxides and dust set out in part 2 of Annex V and with the emission limit values in Article 15(3) for sulphur dioxide, nitrogen oxides and dust by 31 December 2029. The plan shall also include measures to minimise the magnitude and duration of the pollutant emissions during the period covered by the plan and information on demand management measures and cleaner fuel switching possibilities such as the deployment of renewables and interconnection with the mainland grids.

• 4. 

  Not later than [date of entry into force + 6 months], Member States shall communicate their Compliance Plan to the Commission. The Commission shall evaluate the plans and, where the Commission has raised no objections within 12 months of receipt of a plan, the Member State concerned shall consider its plan to be accepted. In case the

  Commission raises objections on the ground that the plan does not guarantee the compliance of the concerned plants by 31 December 2029 or does not minimise the magnitude and duration of the pollutant emissions during the period covered by the plan, the Member State shall communicate a revised plan within 6 months of the notification of the objections by the Commission to the Member State. In relation to the evaluation of a new version of a plan which a Member State communicates to the Commission, the time period referred to in the second subparagraph shall be 6 months.

• 5. 

  Member States shall report to the Commission the progress of the actions described in the plan not later than [date of entry into force + 18 months], and at the end of each

  subsequent calendar year.

  Member States shall inform the Commission of any subsequent changes to the plan. In relation to the evaluation of a new version of a plan which a Member State communicates to the Commission, the time period referred to in the second subparagraph of point 5 shall be 6 months.

• 6. 

  The Member state shall make the derogation and the conditions imposed publicly available in accordance with Art. 24(2).

• (23) 

  In Article 42(1), the second subparagraph is replaced by the following:

  ‘This Chapter shall not apply to gasification or pyrolysis plants, if the gases or liquids resulting from such thermal treatment of waste are treated prior to their incineration to such an extent that:

  (a) the incineration does not cause emissions higher than the combustion of the least polluting fuels available on the market that could be combusted in the installation;

  (b) for emissions other than nitrogen oxides, sulphur oxides and dust, the incineration does not cause emissions higher than emissions from incineration or co-incineration of

  waste.’.

• (24) 

  The following heading is inserted after Article 70:

‘CHAPTER VIa

SPECIAL PROVISIONS FOR REARING POULTRY, PIGS AND CATTLE’

• (25) 

  The following Articles 70a to 70i are inserted after the heading ‘CHAPTER VIa’:

‘Article 70a

Scope

This Chapter shall apply to the activities set out in Annex Ia which reach the capacity thresholds set out in that Annex.

Article 70b

Aggregation rule

• 1. 

  Member States shall adopt measures to ensure that if two or more installations are located close to each other and if their operator is the same or if the installations are under the control of operators who are engaged in an economic or legal relationship, the

  competent authority may consider those installations concerned shall be considered as a single unit for the purpose of calculating the capacity threshold referred to in Article 70a.

• 2. 

  By [OP please insert the date = the first day of 48 months following the date of entry into force of this Directive], the Commission shall publish guidelines, after consulting the Member States, on the criteria to consider different installations as a single unit under paragraph 1.

Article 70c

Permits and registrations

• 1. 

  Member States shall take the necessary measures to ensure that no installation falling within the scope of this Chapter is operated without a permit or without being registered and that its operation complies with the operating rules and the uniform conditions for their

  implementation laid down in the implementing act referred to in Article 70i.

  Member States may include requirements for certain categories of installations falling within the scope of this Chapter in the general binding rules referred to in Article 6.

  Member States shall specify the procedure for registration or granting a permit or in respect of installations falling within the scope of this Chapter. Those procedures shall include at least the information listed in paragraph 2.

• 2. 

  Registrations or applications for permits shall include at least a description of the following elements:

  (a) the installation and its activities

  (b) the animal type

  (c) the capacity of the installation;

  (d) the sources of emissions from the installation;

  (e) the nature and quantities of foreseeable emissions from the installation into each medium.

• 3. 

  Applications shall also include a non-technical summary of the information referred to in paragraph 2.

• 4. 

  Member States shall take necessary measures to ensure that the operator informs the competent authority, without delay, of any planned substantial change to the installations falling within the scope of this Chapter which may have consequences for the environment. Where appropriate, the competent authority shall reconsider and update the permit or request the operator to apply for a permit or make a new registration.

Article 70d

Obligations of the operator

• 1. 

  Member States shall ensure that the operator carries out monitoring of emissions and of associated environmental performance levels in accordance with the operating rules and the uniform conditions for their implementation laid down in the implementing act referred to in Article 70i.

  Monitoring data shall be obtained by means of measurement methods or, where not practicable, by calculation methods such as the use of emission factors; both methods shall be described in the operating rules.

  The operator shall keep a record of, and process, all monitoring results, for a period of at least 65 years, in such a way as to enable the verification of compliance with the emission limit values and environmental performance limit values set out in operating rules referred to in Article 70i.

• 2. 

  In the event of non-compliance with the emission limit values and environmental performance limit values set out in the operating rules and the uniform conditions for their

  implementation laid down in the implementing act referred to in Article 70i, Member States shall require that the operator takes the measures necessary to ensure that compliance is restored within the shortest possible time.

• 3. 

  The operator shall ensure that any land spreading of waste, animal by-products or other residues generated by the installation is undertaken in accordance with the best available techniques, as specified in the operating rules referred to in Article 70i, and other relevant Union legislation and that it does not cause significant pollution of the environment.

  Article 70e

  Monitoring

• 1. 

  Member States shall ensure that suitable monitoring is carried out in accordance with the operating rules and the uniform conditions for their implementation laid down in the implementing act referred to in Article 70i.

• 2. 

  All monitoring results shall be recorded, processed and presented in such a way as to enable the competent authority to verify compliance with the operating conditions, emission limit

  values and environmental performance limit values which are included in the general binding rules referred to in Article 6 or in the permit.

• 3. 

  The operator shall, without delay, make available the data and information listed in paragraph 2 of this Article to the competent authority upon request. The competent authority may make such a request in order to verify compliance with the operating rules referred to in Article 70i. The competent authority shall make such a request if a member of the public requests access to the data or information listed in paragraph 2 of this Article.

  Article 70f

  Non-compliance

• 1. 

  Member States shall ensure that the values for emissions and environmental performance levels monitored in accordance with the operating rules and the uniform conditions for their implementation laid down in the implementing act referred to in Article 70i do not exceed the emission limit values and environmental performance limit values set out therein.

• 2. 

  Member States shall set up an effective compliance monitoring system, based on either environmental inspections or other measures, to check compliance with the requirements set out in this Chapter.

• 3. 

  In the event of non-compliance with the requirements set out in this Chapter, Member States shall ensure that the competent authority requires the operator to take any measures, in

  addition to the measures taken by the operator under Article 70d, that are necessary to ensure

  that compliance is restored without delay.

  Where non-compliance causes a significant degradation of local air, water or soil conditions, or where it poses, or risks to pose, a significant danger to human health, the operation of the installation shall be suspended by the competent authority until compliance is restored.

Article 70g

Public information and participation

• 1. 

  Member States shall ensure that the public concerned are given early and effective opportunities to participate in the following procedures:

  (a) preparation of general binding rules as referred to in Article 6 on permits for installations falling within the scope of this Chapter;

  (b) the granting of a permit for a new installation falling within the scope of this Chapter;

  (c) the granting of an updated permit in accordance with article 70c.4 for any substantial change to an existing installation falling within the scope of this Chapter.

  (d) in the procedure for registration, in case general binding rules are not adopted, and the Member States allows for the installation to be only registered.

• 2. 

  The competent authority shall make available to the public, including systematically via the Internet, free of charge and without restricting access to registered users, the following

  documents and information:

  (a) the permit or the registration;

  (b) the results of the consultations held in accordance with paragraph 1;

  (c) the general binding rules referred to in Article 6 applicable to installations falling within the scope of this Chapter;

(d) the reports of inspections of the installations falling within the scope of this Chapter.

Article 70h

Access to justice

• 1. 

  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 this Chapter when one of the following conditions is met:

  (a) they have a sufficient interest; (b) they maintain the impairment of a right, where administrative procedural law of a Member State requires this as a precondition.

Standing in the review procedure may 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.

The review procedure shall be fair, equitable, timely and not prohibitively expensive, and shall provide for adequate and effective redress mechanisms, including injunctive relief as appropriate.

• 2. 

  Member States shall determine at what stage the decisions, acts or omissions may be challenged.

Article 70i

Uniform conditions for operating Rules

• 1. 

  The Commission shall establish operating rules containing requirements consistent with the use of best available techniques for the activities listed in Annex Ia, which shall include the following:

  (a) emission limit values;

  (b) environmental performance limit values;

  (b)(c) monitoring requirements; (c) land spreading practices;

  (d) pollution prevention and mitigation practices;

  (e) environmental performance limit values;

  (f)(d) pollution prevention, mitigation practices and other measures consistent with Annex III, such as nutritional management, feed preparation, housing manure management

  (collection, storage, processing, land spreading) and storage of dead animals.

  The operating rules shall take into account inter alia the nature, type, size and density of these installations and the specificities of pasture based cattle rearing systems, where animals are only seasonally reared in indoor installations.

1a. The Commission shall organise an exchange of information between Member States, the sector concerned, non-governmental organisations promoting environmental protection and the Commission before establishing uniform conditions for operating rules in

accordance with paragraph 2.

The exchange of information shall, in particular, address the following:

(a) the environmental performance levels of installations and techniques in terms of emissions, consumption and nature of raw materials, water consumption, use of energy and generation of waste;

(b) the techniques used, associated monitoring, cross-media effects, economic and technical viability and developments therein;

(c) best available techniques identified after considering the issues mentioned in points (a) and (b).

• 2. 

  The Commission shall adopt 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 a delegated an

  implementing act in accordance with Article 76 to supplement this Directive by establishing the operating rules referred to in paragraph 1 to establish uniform conditions for operating rules for each of the activities referred to in Annex Ia

  Such uniform conditions for operating rules shall be consistent with the use of best available techniques for the activities listed in Annex Ia and shall take into account the nature, type, size and density of these installations, size of herds of single animal types in mixed farms, and the specificities of pasture based cattle rearing systems, where animals are only seasonally reared in indoor installations.

  That implementing act shall be adopted in accordance with the examination procedure referred to in Article 75(2).

  • 3. 

    Member States shall ensure that all the permit conditions for the installations concerned are in compliance with the operating rules referred to in paragraph 1 within 42-months of the

    entry into force of the delegated act establishing those rules.’

(25a) Article 72.1 is amended as follows:

Member States shall ensure that information is made available to the Commission on the implementation of this Directive, on representative data on emissions and other forms of pollution, on emission limit values, environmental performance limit values, on the application of best available techniques in accordance with Articles 14 and 15, in particular on the granting of exemptions in accordance with Article 15(4) and on progress made concerning the development and application of emerging techniques and the transformation of industry in accordance with Articles 27, 27b-27d. Member States shall make the information available in an electronic format.

• (26) 

  In Article 73(1), the first and the second supbparagraphs are replaced by the following:

  By 30 June 2028 and every 5 years thereafter, the Commission shall submit to the European Parliament and to the Council a report reviewing the implementation of this Directive. The report shall take into account the dynamics of innovation and the review referred to in Article 8 of Directive 2003/87/EC i.

  That report shall include an assessment of the need for Union action through the establishment or updating of Union-wide minimum requirements for emission limit values and for rules on monitoring and compliance for activities within the scope of the BAT conclusions adopted during the previous five-year period, on the basis of the following criteria:

  (a) the impact of the activities concerned on the environment as a whole and on human health;

(b) the state of implementation of best available techniques for the activities concerned.

• (27) 

  Article 74 is replaced by the following:

‘Article 74

Amendments of Annexes

• 1. 

  In order to allow the provisions of this Directive to be adapted to scientific and technical progress on the basis of best available techniques, the Commission shall adopt delegated acts in accordance with Article 76 as regards the adaptation of Parts 3 and 4 of Annex V, Parts 2, 6, 7 and 8 of Annex VI and Parts 5, 6, 7 and 8 of Annex VII to such scientific and technical progress.

• 2. 

  In order to allow the provisions of this Directive to meet its objectives to prevent or reduce pollutants emissions and achieve a high level of protection of human health and the

  environment, the Commission shall be empowered to adopt a delegated act, in accordance with Article 76, to amend Annex I or Annex Ia by including in those Annexes an agroindustrial activity that meets the following criteria:

  (a) it has or is expected to have an impact on human health or the environment, in particular as a consequence of pollutant emissions and use of resources;

  (b) its environmental performance diverges within the Union;

  (c) it presents potential for improvement in terms of its environmental impact through the application of best available techniques or innovative techniques;

  (d) its inclusion within the scope of this Directive is assessed, on the basis of its environmental, economic and social impacts, to have a favourable ratio of societal benefits to economic costs.

• 3. 

  The Commission shall carry out appropriate consultation with stakeholders before adopting a delegated act in accordance with this Article.

The Commisison shall make public relevant studies and analyses used in the preparation of a delegated act adopted in accordance with this Article, at the latest at the adoption of the

delegated act.’.

• (28) 

  Article 75 is replaced by the following:

‘Article 75

Committee procedure

• 1. 

  The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011 i.

• 2. 

  Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 i shall apply.

• (29) 

  Article 76 is replaced by the following:

‘Article 76

Exercise of the delegation

• 1. 

  The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

• 2. 

  The power to adopt delegated acts referred to in Article 48(5), Article 70i and Article 74 shall be conferred on the Commission for a period of 5 years from … [OP please insert the date =

  the first day of the month following the date of entry into force of this Directive]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

• 3. 

  The delegation of power referred to in Articles 48(5), Article 70i and Article 74 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

• 4. 

  Before adopting a delegated act, the Commission shall consult experts designated by each

  Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.

• 5. 

  As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the

  European Parliament and to the Council.

• 6. 

  A delegated act adopted pursuant to Articles 15(4) or 48(5) or Article 74 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council

  within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.’.

• (30) 

  Articles 77 and 78 are deleted.

• (31) 

  Article 79 is replaced by the following:

‘Article 79

Penalties

• 1. 

  Without prejudice to the obligations of Member States under Directive 2008/99/EC i of the

  European Parliament and of the Council of 19 November 2008 on the protection of the environment through criminal law, Member States shall lay down rules on penalties applicable to infringements violations of national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented applied. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall without delay notify the Commission of those rules and of those provisions, and shall notify without delay any subsequent amendment affecting them.

• 2. 

  The penalties referred to in paragraph 1 shall include fines. proportionate to the turnover of the legal person or to the income of the natural person having committed the infringement. The level of the fines shall be calculated in such a way as to make sure that they effectively deprive the person responsible for the violation of the economic benefits derived from that violation. The level of the fines shall be gradually increased for repeated infringements. In the case of a violation committed by a legal person, the maximum amount of such fines shall be at least 8 % of the operator’s annual turnover in the Member State concerned.

• 3. 

  Member States shall ensure that the penalties established pursuant to this Article give due regard to the following, as applicable:

  (a) the nature, gravity, and extent of the violation infringement;

  (b) the intentional or negligent character of the violation;

  (c) the population or the environment affected by the violation infringement, bearing in mind the impact of the infringement on the objective of achieving a high level of

  protection of human health and the environment;

  (d) the repetitive or singular character of the infringement;

  (e) economic benefits derived from the infringement.

• 4. 

  Member States shall without undue delay notify the Commission of the rules and measures referred to in paragraph 1 and of any subsequent amendments affecting them.

• (32) 

  The following Article 79a is inserted:

‘Article 79a

Compensation

• 1. 

  Member States shall ensure that, where damage to human health has occurred as a result of a violation of national measures that were adopted pursuant to this Directive, the individuals

  affected have the right 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 violation.

• 2. 

  Member States shall ensure that, as part of the public concerned, non-governmental organisations promoting the protection of human health or the environment and meeting any requirements under national law are allowed to represent the individuals affected and bring collective actions for compensation. Member States shall ensure that a claim for a violation leading to a damage cannot be pursued twice, by the individuals affected and by the nongovernmental organisations referred to in this paragraph.

• 3. 

  Member States shall ensure that national rules and procedures relating to claims for compensation are designed and applied in such a way that they do not render impossible or excessively difficult the exercise of the right to compensation for damage caused by a violation pursuant to paragraph 1.

• 4. 

  Where there is a claim for compensation in accordance with paragraph 1, supported by evidence from which a causality link may be presumed between the damage and the violation, Member States shall ensure that the onus is on the person responsible for the violation to prove that the violation did not cause or contribute to the damage.

• 5. 

  Member States shall ensure that the may establish limitation periods for bringing actions for compensation referred to in paragraph 1 are not shorter than 5 years. Such periods shall not

  begin to run before the violation has ceased and the person claiming the compensation knows or can reasonably be expected to know that he or she suffered damage from a violation pursuant to paragraph 1.’.

• (33) 

  Annex I is amended as set out in Annex I to this Directive.

• (34) 

  Annex Ia as set out in Annex II to this Directive is inserted.

• (35) 

  Annex II is replaced by the text in Annex III to this Directive.

Article 2

Amendments to Directive 1999/31/EC i

In Article 1 of Directive 1999/31/EC i, paragraph 2 is deleted.

Article 2a

Transitional provisions

• 1. 

  In relation to installations carrying out activities referred to in Annex I Member States shall apply Article 14 (1) (aa), 14 (1) (h) Article 15(3a) and Article 15(4a) within 4 years of publication of decisions on BAT conclusions that have been published after [OP

  please insert the date = the first day of the month following 24 months after the date of entry into force of this Directive] relating to the main activity of an installation in accordance with Article 13(5).

  Installations first permitted after the publications of decisions on BAT-conclusions published after [OP please insert the date = the first day of the month following 24 months after the date of entry into force of this Directive] relating to the main activity of an installation in accordance with Article 13(5), shall apply those provisions from the date the BAT-conclusions are published.

• 2. 

  In relation to installations carrying out activities referred to in Annex I which are under the scope of the directive before [OP please insert the date = the date of entry into force of this Directive]) and

  (i) are in operation and hold a permit before [OP please insert the date = the first day of the month following 24 months after the date of entry into force of this

  Directive], or

  (ii) of which the operators have submitted a complete application for a permit before that date, provided that those installations are put into operation no later than [OP please insert the date = the first day of the month following 12+24 months after the date of entry into force of this Directive]:

  Article 14 (1) (a), 14 (1)(b), 14 (1)(ba), 14 (1)(bb), 14 (1)(d), Article 15(1), Article 15(3), Article 15(4), Article 15a and Article 16(3) shall apply when the permit is granted or updated pursuant to Article 20 (2) or Article 21(5), or within 4 years of publication of decisions on BAT conclusions that have been published after [OP please insert the date = the first day of the month following 24 months after the date of entry into force of this Directive] in accordance with Article 13(5) relating to the main activity of an installation, or by [OP please insert the date = the first day of the month following 16 years after the date of entry into force of this Directive], whichever the sooner.

  Until the relevant date of application as referred to in the first subparagraph the installations mentioned in that subparagraph, which fall under the scope of Directive 2010/75/EU, in the version in force on… [the day before this Directive enters into force, shall comply with that Directive in that version.

• 3. 

  In relation to installations carrying out activities referred to in Annex I, point 2.3 (aa), point 2.3 (ab) and 6.2 (only regarding finishing of textile fibres or textiles) which are in operation before [OP please insert the date = the first day of the month following 24

  months after the date of entry into force of this Directive] Member States shall , with the exemption of Article 14 (1aa), 14 (1) (h), Article 15(3a) and Article 15(4 a), apply the laws, regulations and administrative provisions adopted in accordance with this Directive within 4 years after [OP please insert the date = the first day of the month following 24 months after the date of entry into force of this Directive].

• 4. 

  In relation to installations carrying out activities referred to in Annex I, point 1.4, 2.3

  (b), 2.3 (ba), 2.7 and 3.6, which are not under the scope of the directive before [OP please insert the date = the date of entry into force of this Directive] Member States shall, with the exemption of Article 14 (1aa), 14 (1) (h), Article 15 (3a) and Article 15(4 a), apply the laws, regulations and administrative provisions adopted in accordance with this Directive 4 years of publication of decisions on BAT conclusions in accordance with Article 13(5) relating to the main activity of an installation or by [OP please insert the date = the first day of the month following 10 years after the date of entry into force of this Directive], whichever the sooner.

  Until the relevant date of application as referred to in the first subparagraph the installations mentioned in that subparagraph, which fall under the scope of Directive 2010/75/EU, in the version in force on… [the day before this Directive enters into force, shall comply with that Directive in that version.

  Installations first permitted after the publications of decisions on BAT-conclusions published after [OP please insert the date = the first day of the month following 24 months after the date of entry into force of this Directive] relating to the main activity of an installation in accordance with Article 13(5), shall apply those provisions from the date the BAT-conclusions are published.

• 5. 

  In relation to installations carrying out activities referred to in Annex I a Member States shall apply the laws, regulations and administrative provisions adopted in accordance

  with this Directive

  • - 

    within 4 years of the entry into force of the implementing act referred to in Article 70i (2), if the installation has a capacity of 600 LSU or more.

  • - 

    within 5 years of the entry into force of the implementing act referred to in Article 70i (2), if the installation has a capacity of 400 LSU or more.

  • - 

    within 6 years of the entry into force of the implementing act referred to in Article 70i (2), if the installation has a capacity of 280 LSU or more of poultry or 350 LSU or more of cattle, pigs or of any mix of cattle, pigs, poultry.

    Until the relevant date of application as referred to in the first subparagraph the installations mentioned in that subparagraph, which fall under the scope of Directive 2010/75/EU, in the version in force on… [the day before this Directive enters into force, shall comply with that Directive in that version.

• 6. 

  Derogations granted by the competent authority in accordance with Article 15.4 before [OP please insert the date = the first day of the month following 24 months after the date of entry into force of this Directive] shall remain valid until the competent authority reassess whether the derogation is justified according to Article 15.4. The re-assessment

  shall be made 4 years from [OP please insert the date = the first day of the month following 24 months after the date of entry into force of this Directive] or as part of reconsideration of the permit conditions pursuant to Article 21, whichever the sooner.

• 7. 

  Derogations for the testing and use of emerging techniques granted by the competent authority in accordance with Article 15.5 before [OP please insert the date = the first day of the month following 24 months after the date of entry into force of this Directive] shall remain valid until the end of the period specified in the decision. After the period specified, the technique shall be stopped or the activity shall achieve at least the emission levels associated with the best available techniques.

Article 3

Transposition

• 1. 

  Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [OP please insert the date = the first day of the month following 18 24 months after the date of entry into force of this Directive]. They shall forthwith communicate to the Commission the text of those provisions.

  When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

• 2. 

  Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

  Article 4

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Article 5

This Directive is addressed to the Member States.

Done at Strasbourg,

For the European Parliament For the Council

The President The President

ANNEX I

Annex I to Directive 2010/75 i/EU is amended as follows:

(a) point 1.4 is replaced by the following:

‘1.4. Gasification, liquefaction or pyrolysis of:

(a) coal;

(b) other fuels in installations with a total rated thermal input of 20 MW or more.’;

(b) point 2.3 is replaced by the following:

‘2.3. Processing of ferrous metals:

(a) operation of hot-rolling mills with a capacity exceeding 20 tonnes of crude steel per hour;

(aa) operation of cold-rolling mills with a capacity exceeding 10 tonnes of crude steel per hour;

(ab) operation of wire drawing machines with a capacity exceeding 2 10 tonnes of crude steel per hour;

(b) operation of smitheries with hammers the energy of which exceeds 20 50 kilojoule per hammer;

(ba) operation of smitheries with forging presses the force of which exceeds 10 20 meganewton (MN) per press;

(c) application of protective fused metal coats with an input exceeding 2 tonnes of crude steel per hour.’

(c) the following point 2.7 is inserted:

‘2.7. Manufacture of lithium-ion batteries, other than exclusively assembling (including assembling battery cells and battery packs), with a production capacity of 3.5 GWh 12 000 tonnes of battery cells (cathode, anode, electrolyte, separator, capsule) or more per year.’ (d) point 3.5 is replaced by the following:

‘3.5. Manufacture of ceramic products by firing, in particular roofing tiles, bricks, refractory bricks, tiles, stoneware or porcelain with

(a) a production capacity exceeding 75 tonnes per day; and/or

(b) a kiln capacity exceeding 4 m3 and a setting density per kiln exceeding 300 kg/m3.

(e) the following point 3.6. is inserted:

‘3.6. Extraction and including on-site treatment (operations such as comminution, size control, beneficiation and upgrading) of the following non-energy minerals and ores on an industrial scale:

(a) industrial minerals, including barite, bentonite, diatomite, feldspar, fluorspar, graphite, gypsum, kaolin, magnesite, perlite, potash, salt, sulphur and talc with a capacity

exceeding 500 tonnes per day;

(b) metalliferous ores, including bauxite, chromium, cobalt, copper, gold, iron, lead, lithium, manganese, nickel, palladium, platinum, tin, tungsten and zinc.’

(f) point 4.2 (a) is replaced by the following:

(a) gases, such as ammonia, chlorine or hydrogen chloride, fluorine or hydrogen fluoride, carbon oxides, sulphur compounds, nitrogen oxides, hydrogen except when produced by electrolysis of water, sulphur dioxide, carbonyl chloride;

(g) point 5.3 is replaced by the following:

‘5.3. (a) Disposal of non-hazardous waste with a capacity exceeding 50 tonnes per day involving one or more of the following activities, and excluding activities covered by Council Directive 91/271/EEC i * :

(i) biological treatment (such as anaerobic digestion);

(ii) physico-chemical treatment;

(iii) pre-treatment of waste for incineration or co-incineration;

(iv) treatment of slags and ashes;

(v) treatment in shredders of metal waste, including waste electrical and electronic equipment and end-of-life vehicles and their components.

(b) Recovery, or a mix of recovery and disposal, of non-hazardous waste with a capacity exceeding 75 tonnes per day involving one or more of the following activities, and excluding activities covered by Directive 91/271/EEC i:

(i) biological treatment (such as anaerobic digestion);

(ii) pre-treatment of waste for incineration or co-incineration;

(iii) treatment of slags and ashes;

(iv) treatment in shredders of metal waste, including waste electrical and electronic equipment and end-of-life vehicles and their components.

When the only waste treatment activity carried out is anaerobic digestion, the capacity threshold for this activity shall be 100 tonnes per day.

• * 

  Council Directive 91/271/EEC i of 21 May 1991 concerning urban waste-water treatment (OJ L 135, 30.5.1991, p. 40).’;

(h) point 6.2 is replaced by the following:

‘6.2. Pre-treatment (operations such as washing, bleaching, mercerisation), dyeing or finishing

of textile fibres or textiles where the treatment capacity exceeds 10 tonnes per day.’.

(i) point 6.5 is replaced by the following:

‘6.5. Disposal or recycling of animal carcases or animal by-products with a treatment capacity exceeding 10 tonnes per day.’.

(j) point 6.6 is replaced by the following:

‘6.6. Electrolysis of water for production of hydrogen where the production capacity

exceeds 50 tonnes per day.’

ANNEX II

‘ANNEX Ia

Activities referred to in Article 70a

• 1. 

  Rearing of cattle or pigs or poultry in installations of 350 150 livestock units (LSU) or more, excluding rearing of cattle or pigs in installations operating under extensive production regimes, where the stocking density is less than 2 LSU/hectare used only for grazing or growing fodder or forage used for feeding the animals in the installation.

• 2. 

  Rearing of poultry in installations of 280 150 livestock units (LSU) or more.

• 3. 

  Rearing, other than rearing activities falling under point 2, of any mix of the following animals: cattle, pigs, poultry, in installations of 350 150 LSU or more, excluding rearing of cattle or pigs in installations operating under extensive production regimes, where the stocking density is less than 2 LSU/hectare used only for grazing or growing fodder or forage used for feeding the animals in the installation.

  The approximate equivalent in LSU is based on the following conversion rates: established in

  Annex II to Commission Implementing Regulation (EU) No 808/2014 i*.

Type of animal Characteristic of animal Coefficient

Bovine animals Less than 1 year old 0,400

1 to less than 2 years old 0,700

Male, 2 years old and over 1,000

Heifers, 2 years old and 0,800 over

Dairy cows 1,000

Non-dairy cows 0,800

Pigs Piglets, live weight of 0,027 under 20 kg

Breeding sows, live weight 0,500 50 kg and over

Other pigs 0,300

Poultry Broilers 0,007

Laying hens 0,014

Other poultry

Turkeys 0,030

Ducks 0,010

Geese 0,020

Ostriches 0,350

Other poultry fowls n.e.c. 0,001

• * 

  Commission Implementing Regulation (EU) No 808/2014 i of 17 July 2014 laying down rules for the application of Regulation (EU) No 1305/2013 i of the European Parliament and of the Council on support for rural development by the European Agricultural Fund for Rural Development (OJ L 227, 31.07.2014, p.18).

ANNEX III

‘ANNEX II

Principles to be complied with when granting a derogation referred to in Article 15(4)

Derogations provided in accordance with Article 15(4) shall respect the following principles:

• 1. 

  Costs

1.1. Costs referred to in Article 15(4) shall be the costs of complying with the emission levels or environmental performance levels associated with best available techniques and include both capital costs and operating costs. Wider social or economic costs shall not be included.

1.2. The evaluation of the costs shall be quantitative, and supported by a qualitative assessment.

1.3. Costs taken into account in the evaluation shall:

(a) represent net value costs, after deduction of any financial benefits from applying best available techniques;

(b) include the cost of accessing financial capital required to finance the best available techniques;

(c) be calculated using a discount rate to take account of differences in monetary value over time.

1.4. The application for a derogation shall clearly identify the source of the costs and the methods used to calculate them, including the discount rate mentioned in point 1.3(c) and the

estimation of uncertainties associated with the costs evaluation.

1.5. Costs evaluated by the operator shall be assessed by the competent authority, based on information from other sources such as technology providers, expert judgements or data from other plants where best available techniques were recently installed.

• 2. 

  Environmental benefits

2.1. Environmental benefits referred to in Article 15(4) shall be environmental benefits of complying with the emission levels or environmental performance levels associated with best available techniques.

2.2. The evaluation of environmental benefits shall be quantitative (in monetary terms) and supported by a qualitative assessment. Established pollutant damage costs shall be used where available.

2.3. The evaluation of environmental benefits shall consider a discount rate applied to any monetised benefits which addresses differences in values to society over time.

2.4. The application for a derogation shall clearly identify the source of the environmental benefits information and the methods used to calculate the environmental benefits, including the

discount rate mentioned in point 1.3(c) and the estimate of uncertainties associated with the evaluation of the environmental benefits.

2.5. Environmental benefits evaluated by the operator shall be assessed by the competent authority, based on expert judgement or data from other plants where the best available techniques were recently installed.

• 3. 

  Disproportionality of costs compared to environmental benefits

3.1. For the purpose of determining if there is a disproportionality, the costs of complying with the emission levels or environmental performance levels associated with best available

techniques, and the benefits of such compliance, shall be compared.

3.2. The comparison mechanism shall include the following elements:

(a) a method to address uncertainties in evaluating costs and environmental benefits;

(b) a specification of the margin by which the costs should exceed the environmental benefits.’.

ANNEX IV

‘ANNEX III

Criteria for determining best available techniques

• 1. 

  the use of low-waste technology;

• 2. 

  the use of less hazardous substances.

• 3. 

  the furthering of recovery and recycling of substances generated and used in the process and of waste, where appropriate;

• 4. 

  comparable processes, facilities or methods of operation which have been tried with success on an industrial scale;

• 5. 

  technological advances and changes in scientific knowledge and understanding;

• 6. 

  the nature, effects and volume of the emissions concerned;

• 7. 

  the commissioning dates for new or existing installations;

• 8. 

  the length of time needed to introduce the best available technique;

• 9. 

  the consumption and nature of raw materials (including water) used in the process, and energy efficiency and decarbonisation;

• 10. 

  the need to prevent or reduce to a minimum the overall impact of the emissions on the environment and the risks to it;

• 11. 

  the need to prevent accidents and to minimise the consequences for the environment;

• 12. 

  information published by public international organisations.