What changed between the plenary report and the adopted text

Added:Article 1 – paragraph 1 – point -1, Title: "(-1) The Title is replaced by the following / "Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial and agricultural emissions (integrated pollution prevention and control)";"

Added:Directive 2010/75/EU

Added:Article 1 – paragraph 1 – point 1 a (new), Article 1 – paragraph 2 b (new): (1a) In Article 1, the following paragraph is added: / "When undertaking the actions to meet their obligations set out in this Directive, Member States shall consider the need to ensure a just and socially fair transition for all. The Commission may issue guidance to support Member States in that regard.";

Added:Directive 2010/75/EU

Removed:Article 1 – paragraph 1 – point 3 – point e, Article 3 – paragraph 1 – point 23c a (new): (23ca) ‘Operating rules‘ means the rules for registrations or included in permits or general binding rules for the registration or permit for the operation of activities referred to in Annex Ia, containing the emission limit values, the environmental performance limit values, associated monitoring requirements, and where relevant land spreading practices, pollution prevention and mitigation practices, nutritional management, feed preparation, housing, manure management (collection, storage, processing, land spreading) and storage of dead animals, which are consistent with the use of best available techniques and other relevant measures consistent with Annex III.

Added:Article 1 – paragraph 1 – point 3 – point e, Article 3 – paragraph 1 – point 23 b: deleted

Removed:Article 1 – paragraph 1 – point 3 – point e, Article 3 – paragraph 1 – point 23c b (new): (23cb) ‘extensive farming’ refers to a type of animal rearing characterised by low levels of input per unit area of land, based on extensive practices, with livestock unit density equal to or less than 2.0 LSU per hectare (LSU/ha density) used for grazing, or based on farming practices certified in accordance with Directive 2018/848 of the European Parliament and of the Council of 30 May 2018 on organic production and labelling of organic products, with livestock unit density equal to or less than 2.0 LSU per hectare (LSU/ha density) used for grazing or foraging, or rearing practices where livestock is subject to transhumance practices at least 180 days per year or as long as climatic conditions allow, in particular in alpine regions.

Added:Article 1 – paragraph 1 – point 3 – point e, Article 3 – paragraph 1 – point 23 c: (23c) ‘livestock unit’ or ‘LSU’ means a standard measurement unit that allows for the aggregation of categories of livestock units covering pigs and poultry the coefficients of which are listed in Annex -Ia, in order to compare those categories; / (deleted) / (deleted)

Added:Article 1 – paragraph 1 – point 3 – point e, Article 3 – paragraph 1 – point 23 c a (new): (23ca) ‘extensive farming’ refers to a type of animal rearing characterised by low levels of input per unit area of land, based on extensive practices, with livestock unit density equal to or less than 2.0 LSU per hectare (LSU/ha density) used for grazing, or based on farming practices certified in accordance with Regulation 2018/848 of the European Parliament and of the Council of 30 May 2018 on organic production and labelling of organic products, with livestock unit density equal to or less than 2.0 LSU per hectare (LSU/ha density) used for grazing or foraging, or rearing practices where livestock is subject to transhumance practices at least 180 days per year or as long as climatic conditions allow, in particular in alpine regions.

Added:Directive 2010/75/EU

Removed:Article 1 – paragraph 1 – point 7, Article 9 – paragraph 2: (7) In Article 9, paragraph 2 is replaced by the following: / For activities listed in Annex I to Directive 2003/87/EC, Member States may choose not to impose requirements relating to energy efficiency in respect of combustion units or other units emitting carbon dioxide on the site, only where those installations are covered by the obligation to conduct an energy audit or implement an energy management system pursuant to Article 11 of Directive 2012/27/EU (EED) and if the recommendations of the audit report are implemented and/or if the certified energy management system is implemented. Pursuant to the audit referred to in Article 14a, the environmental verifier shall inform the competent authority in case the recommendation as referred to in this Article is not implemented.

Added:Article 1 – paragraph 1 – point 7, Article 9 – paragraph 2: deleted

Changed:Article 1 – paragraph 1 – point 12, Article 15 – paragraph 3a: 3a. Subject to the publication of new or amended BAT conclusions under this Directive, and after its transposition, taking into account Commission Implementing Decision 2012/119/EU(“The BREF Guidance”), the competent authority shall set indicative 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) consideringtaking into consideration the cross-media effects in installations, including with heterogeneous emissions and industrial emissions.

Changed:Article 1 – paragraph 1 – point 15 d (new), Article 21 – paragraph 3 – subpargraphsubparagraph 1 – point a: (15d) In Article 21, paragraph 3, subparagraph 1, point a is replaced by the following: / "(a) all the permit conditions for the installation concerned are reconsidered and, if necessary, updated to ensure compliance with this Directive, in particular, with Article 15(3), (3a) and (4), where applicable;"

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

Added:Directive 2010/75/EU

Changed:Article 1 – paragraph 1 – point 22, Article 27c – paragraph 1: By way of derogation from Article 21(3), upon15(3) aand request(3a) byand theArticle operator,21(3) the competent authority maymay, upon a request by the operator, set indicative emission limit values that ensure that, within 6 years of publication of a decision on BAT conclusions in accordance with Article 13(5) relating to the main activity of an installation ,installation, emissions shall not, under normal operating conditions, exceed emission levels associated with emerging techniques as laid down in the decisions on BAT conclusions. The Member States or the competent authorities shall notify INCITE on the emerging techniques for which a permit has been granted.

Changed:Article 1 – paragraph 1 – point 22, Article 27d – paragraph 1 – subparagraph 1: Where a derogation has been granted in accordance with Article 15 (4), Member States shall requirerequest that,that by 30 June 2027,2030 the operator includes in its environmental management system referred to in Article 14a an indicative transformation plan for each installation carryingthe outcompany’s anygrouped activityactivities listed in points 1, 2, 3, 4, 6.1 a, and 6.1 b of Annex I. / The operators of the 200 most polluting installations in the Union, as referred to in Article 76 paragraph 2, shall also include in their environmental management system an indicative transformation plan for each of those installations, unless the installation has a closure plan for 2035. / The transformation plan shall contain information on how the transformationcompany 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, is intended to take place.4. The transformation plan shall include a greenhouse gas emissions reduction pathway andspecific roadmapinformation on how the installationscompany planplans to become more resource-efficient, in particular as regardsenergy, energywater and water, for example by means of water re-useresource systems,efficient by laying down the measures that the operator will implement. / Member States shall require that bybe 30implemented Juneto 2029reduce the operator includes in its environmental management system an indicative transformation plan for each installation carrying out any activity listed in points 1, 2, 3, 4, 6.1overall a,consumption and 6.1 b of Anneximprove I,the aefficiency consolidatedof transformationits pla…operations.

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

Added:Directive 2010/75/EU

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

Added:Directive 2010/75/EU

Removed:It has been observed, including in the WI BREF, that start-up operations and other OTNOC are linked to high dioxines emissions that in some cases even equal to emissions from several month of normal operation.

Removed:Article 1 – paragraph 1 – point 25, Article 70a – paragraph 1 a (new): By [the first day of the month following 24 months after the date of entry into force of the delegated act as referred to in paragraph 3] products originating from rearing activities covered by chapter VIa may be placed in the EU market provided that the installation where the rearing activity takes place complies with uniform conditions of the operating rules referred to in this Article, or if the importers provide guarantees of origin from third countries deemed to be comparable in effectiveness. The competent authorities of the Member State where the imports take place shall verify the compliance of the imported products. The Commission shall by [the first day of the month following 24 months after the date of entry into force of this Directive] put forward a delegated act to establish a WTO-consistent methodology laying power the procedure for placing products on the Union market and the verification procedure for competent authority, to ensure a level playing field.

Added:Article 1 – paragraph 1 – point 25, Article 70a – paragraph 1: This Chapter shall apply to any of the following activities of rearing pigs and poultry reaching the lower threshold: / (a) farm or agricultural installation: / (i) with more than 40 000 places for poultry, / (ii) with more than 2 000 places for production pigs (over 30 kg), or / (iii) with more than 750 places for sows. / or / (b) farm or agricultural installation of 750 livestock unit (LSU) or more. The approximate equivalent in LSU shall be based on the coefficients established in Annex -Ia to this Directive.

Added:Article 1 – paragraph 1 – point 25, Article 70a – paragraph 1 a (new): By [the first day of the month following 24 months after the date of entry into force of the delegated act as referred to in paragraph 3] products originating from rearing activities covered by chapter VIa may be placed in the EU market provided that the installation where the rearing activity takes place complies with uniform conditions of the operating rules referred to in this Article, or if the importers provide guarantees of origin from third countries deemed to be comparable in effectiveness. The competent authorities of the Member State where the imports take place shall verify the compliance of the imported products. The Commission shall by [the first day of the month following 24 months after the date of entry into force of this Directive] put forward a delegated act to establish a WTO-consistent methodology laying down the procedure for placing products on the Union market and the verification procedure for competent authority, to ensure a level playing field.

Added:Directive 2010/75/EU

Changed:Article 1 – paragraph 1 – point 29, Article 76 – paragraph 2 a (new): 2a. The Commission shall, based on the report of the European Environmental Agency ETC/ATNI 2020/4, by 30 June 2026 [OP please insert date as referred to in paragraph 4 subparagraph 1] adopt a delegated act in accordance with Article 76 in order to establish a list of the 200 most polluting installations, based on marginal damage costs for the air pollutants (PM2.5, PM10, SO2, NH3, NOX, NMVOCs, As, Cd, CrVI, Pb, Hg, Ni, 1,3 butadiene, benzene, formaldehyde, benzo(a)pyrene, dioxins and furans) and greenhouse gases (CO2, CH4 and N2O) in line with the report . When establishing the list, the Commission may consider pollution by respective pollutants in the water environment, where applicable.

Changed:Article 1 – paragraph 1 – point 32, Article 79a – paragraph 4: 4. Where there is a claim for compensation in accordance with paragraph 1, supported by evidence,clear includingand relevantconsistent scientific data,data fromthat whichdemonstrate ita maycausality belink presumedbetween thatthe damage and the violationviolation, hasMember causedStates orshall contributedensure tothat thesuch damage,data Memberare Statesrecognised shallboth grantin thesubstantive personand responsibleprocedural forlaw theas violationevidence theand legalare rightgiven todue rebutweight by national courts, along with all other relevant evidence under national law and without prejudice to the presumption.rights of defence.

Changed:Article 1 – paragraph 1 – point 32, Article 79a – paragraph 5 a (new): 5a. For the purpose of this article,Article, ‘relevant“clear and consistent scientific data’data” means statistical, epidemiological and other scientific data demonstratingrelevant to the respective national court’s assessment of whether a statistically robust causal relationshiplink exists between certainspecific types of pollution and certainspecific health conditions. Member States shall create a centralised system for receiving, gathering and publishing clear and consistent scientific data on the causality links, taking into account both domestic and international research, impact factor considerations, peer-reviewed publications, university and research institutions rankings, degree of acceptance by the scientific community, satisfactory level of replication of results on causality links and its admissibility in legal procedures under this Directive.

Added:Article 1 – paragraph 1 – point 33 a (new), Annex -Ia (new): (33a) Annex -Ia set out in Annex Ia to this Directive is inserted.

Added:Directive 2010/75/EU

Removed:In order to fully comply with the EU's Methane Pledge, upstream oil and gas installations must be in the scope of this Directive.

Added:Annex I – paragraph 1 – point b, Annex I – point 2.3 – point aa: deleted

Added:Directive 2010/75/EU

Added:Annex I – paragraph 1 – point b, Annex I – point 2.3 – point ab: deleted

Added:Directive 2010/75/EU

Removed:The addition of the activities as smitheries with hammers below 50 kilojoule is not necessary and not in line with the rules of the IED. The power to adopt delegated acts to amend Annex I by adding agro-industrial activities, as provided for in Article 74, requires an assessment based on the environmental, economic and social impacts of the activity to be added to show a favourable relationship between societal benefits and economic costs. Such an assessment is not available for the activities as smitheries with hammers below 50 kilojoule. The Commission itself concluded in its assessment of amending of annex I by extending activity 2.3 that it is uncertain whether further regulation of the added activities by the IED would lead to additional environmental improvements, despite introducing additional regulatory burden on operators and public authorities. Although these activities have been shown to produce emissions to air and water, it has not been proven that these emissions are highly polluting or relevant in the sense of article 74. 1 SWD(2020) 181 final, Evaluation of the Industrial Emissions Directive (IED) 2 “Gathering of complementary evidence for assessing the impacts of extending the scope of the IED to additional sectors”, Final Report, 2021

Changed:Annex I – paragraph 1 – point e b (new), Annex I – point 5.2 – pointintroductory b:part: In(e b)In Annex I, paragraph 3, subparagraph 3, point 5.2, pointthe bintroductory part is replaced by the following: / "Disposal or recovery of waste in waste incineration plants or in waste co-incineration plants except if the waste is exclusively composed of biomass as defined in Article 3(31)(b) of this Directive:

Removed:clarification so that it is clear what falls under BAT conclusions for waste incineration and what falls under BAT conclusions for large combustion plants, which abide by different standards.

Removed:Annex II, Annex Ia – point 1: 1. Rearing of pigs or poultry in installations of 200 livestock units (LSU) or more, excluding rearing carried out in the context of extensive farming as defined in this Directive. / Rearing of cattle in farms or installations of 300 livestock units (LSU) or more, excluding rearing carried out in the context of extensive farming as defined in this Directive.

Removed:Annex II, Annex Ia – point 2: 2. Rearing of any mix of the following animals: cattle pigs, poultry, in installations of 250 LSU or more, excluding rearing carried out in the context of extensive farming, as defined in this Directive. Where rearing of one of the above categories of animals is below 25 LSU, that category shall not be counted towards the final LSU of any rearing mix . / Member States shall ensure that the application of this provision is not used to circumvent the obligations set out in this Directive; / The approximate equivalent in LSU is based in line livestock unit coefficients as defined in the Integrated Farm Statistics Regulation (EU) 2018/1091 of the European Parliament and of the Council 1a on the following conversion rates: / Characteristic of animal / Under 1 year old / 1 yearor more but less than 2 years old / Male, 2 years old and over / Heifers, 2 years old and over / Dairy cows / Other cows, 2 years old and over / Piglets having a live weight of under 20 kg / Breeding sows weighing 50 kg and over / Other pigs / Broilers / Laying hens / Other poultry (turkeys, ducks, geese, ostriches, other poultry fowl n.e.c.) / Turkeys / Ducks / Geese / Ostriches and other poultry fowl n.e.c. / Ostriches / Other poultry fowl n.e.c.

Added:Annex II, Annex I a: deleted / (deleted) / (deleted) / (deleted) / (deleted)

Removed:_________

Removed:_________________

Removed:The WI BAT conclusions are concerned with emissions of PCDD/F and include measures how to prevent these, as they seemingly can be prevented by flue gas cleaning system being in operation when temperature is not high enough : ´´In order to avoid increased emissions of PCDD/F, the flue gas cleaning system should be in full operation, already before start-up, and bypasses must be closed.´ it is made sure that it is reflected in the Annex and that start up is not disregarded as ´´ PCDD/F emission loads equivalent to several months of normal operation can be associated to a single cold start´´.

Removed:The Industrial Emissions Directive – is the main EU instrument regulating pollutant emissions from industry. The large agro-industrial installations undertaking the industrial activities under the scope of the IED can only operate if in possession of a permit, granted by national authorities. The IED has a double function: While aiming to reducing and preventing, as far as possible emissions into air, water and soil, it contributes to industrial transformation by setting best available techniques as a standard to achieve for installations.

Removed:At the core of IED lies the so-called “Sevilla Process” – a forum for exchange of information, bringing together various stakeholders. The exchange supports the Commission when drawing up, reviewing and, where necessary, updating Best available techniques reference documents (BAT reference documents) by means of an implementing decision (the ‘BAT conclusions’), constituting a foundation of the national permit procedures. Therefore, the Sevilla Process is amongst the most bottom-up effective policy tools in the EU.

Removed:The proposed revision of the Industrial Emissions Directive (IED) comes as a natural evolution of the existing legislation, to achieve the objectives of the Green Deal. This revision of aims to promote the twin transition - to a more sustainable and digitally autonomous economy, by fostering innovative and technology-based industrial processes. Therefore, a significant part of the Commission proposal from April 2022 is both anticipated and welcomed by the civil society and largely accepted by industries concerned. On the other hand, parts of the Commission proposal raise either sector-specific objections or horizontal concerns among businesses and Member States representatives. At the same time some stakeholders assess the Commission proposal as adequate in principle, but untimely, due to the extraordinary pressure on EU industries in times of crisis and transformation, as a consequence of the high ambition of the Fit-For-55 legislative package, the problems in global supply chains, the energy crisis and the Russian war on Ukraine. These voices need to be at least partially credited, since there is sometimes inherent conflict between decarbonization and de-pollution measures, and in addition both - decarbonization and de-pollution measures - often require higher energy consumption, while new legislations such as EED and RePowerEU and especially the aggressive war of Putin in Ukraine and the subsequent energy crisis, mandate industries to invest in energy efficiency as a matter of priority.