Changes between two versions
What changed between the plenary report and the adopted text
From · plenary report· 19 Jun 2023
on the proposal for a directive of the European Parliament and of the Council amending Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) and Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste
+34 added · −118 removed · 10 changed paragraphs, packaging included.
Part 3 of 12: Paragraphs 65–124
Recital 38 b (new): (38b) From the entry into force of this amending act, Member States should take adequate measures to ensure that the competent authorities are able to handle the increased workload related to implementing Directive 2010/75/EU as amended by this Directive and ensure a swift efficient and smooth permitting process, in particular, in the case of fast-track permits for installations applying emerging techniques, thus, reducing the uncertainty for businesses to a minimum and supporting transformation towards a clean, circular and climate-neutral industry, while safeguarding the health and rights of the public concerned.
Change 4
Added:Recital 41 a (new): (41a) Combustion plants that are part of small isolated systems, specifically those located in the outermost regions, 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 the obligations set out in Directive 2010/75/EU. 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, apply the best available techniques as applicable 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 possibilities for switching to cleaner alternatives such as the 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.
Directive 2010/75/EU
Change 5
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
4 unchanged paragraphs
Article 1 – paragraph 1 – point 1, Article 1 – paragraph 2: It also lays down rules designed to prevent or, where that is not practicable, to continuously reduce emissions into air, water and land and to prevent the generation of waste, in order to achieve a high level of protection of human health and the environment taken as a whole.
Directive 2010/75/EU
Article 1 – paragraph 1 – point 1, Article 1 – paragraph 2 a (new): In addition, it lays down rules designed to improve resource efficiency in order to reduce the use of water, energy, and raw materials.
Directive 2010/75/EU
Change 6
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
Article 1 – paragraph 1 – point 3 – point -a (new), Article 3 – paragraph 1 – point 2: (-a) point 2 is replaced as follow: / "(2) ‘pollution’ means the direct or indirect introduction, as a result of human activity, of substances, vibrations, heat, noise or odours (‘olfactory pollution’) into air, water or land which may be harmful to human health or the quality of the environment, result in damage to material property, or impair or interfere with amenities and other legitimate uses of the environment;"
Removed:(https://eur-lex.europa.eu/legal-content/FR/ALL/?uri=CELEX%3A32010L0075)
6 unchanged paragraphs
Directive 2010/75/EU
Article 1 – paragraph 1 – point 3 – point -a a (new), Article 3 – paragraph 1 – point 2 a (new): (-aa) the following point is inserted: / (2a) ‘olfactory pollution’ means pollution produced by gaseous emissions in the atmosphere which may cause injuries to, or a condition of general significant unwellness or sickness in, persons living in the proximity of the installation.
Directive 2010/75/EU
Article 1 – paragraph 1 – point 3 – point a b (new), Article 3 – paragraph 1 – point 5 a (new): (ab) the following point is inserted: / (5a) ‘environmental performance limit value’ means the indicative environmental performance value within the binding range of environmental performance levels, including consumption levels, resource efficiency levels covering materials, water and energy resources, waste, and other levels obtained under specified reference conditions, where the range may not be exceeded during one or more periods of time.
Directive 2010/75/EU
Article 1 – paragraph 1 – point 3 – point a c (new), Article 3 – paragraph 1 – point 9: (ac) point 9 is replaced by the following: / "(9) ‘substantial change’ means a change in the nature or functioning, an extension or an extension of duration of the permit of an installation or combustion plant, waste incineration plant or waste co-incineration plant which may have significant negative effects on human health or the environment;"
Removed:(https://eur-lex.europa.eu/legal-content/FR/ALL/?uri=CELEX%3A32010L0075)
Directive 2010/75/EU
Article 1 – paragraph 1 – point 3 – point a d (new), Article 3 – paragraph 1 – point 10 – point b and c: (ad) points b and c of point 10 are replaced by the following: / "(b) ‘available techniques’ means those developed on a scale which allows implementation in the relevant industrial sector, under economically and technically viable conditions, taking into consideration the costs and advantages whether or not the techniques are used or produced inside the Union, as long as they are reasonably accessible to the operator; / (c) ‘best’ means most effective in achieving a high general level of protection of the environment as a whole, including human health and climate protection;"
Removed:(https://eur-lex.europa.eu/legal-content/FR/ALL/?uri=CELEX%3A32010L0075)
10 unchanged paragraphs
Directive 2010/75/EU
Article 1 – paragraph 1 – point 3 – point b, Article 3 – paragraph 1 – point 12: (12) ‘BAT conclusions’ means a document containing the parts of a BAT reference document laying down the conclusions on best available techniques, their description, information to assess their applicability, the emission levels associated with the best available techniques, the environmental performance levels associated with the best available techniques, the minimum content of an environmental management system including benchmarks associated with the best available techniques, emission levels associated with emerging techniques, environmental performance levels associated with emerging techniques, associated monitoring, associated consumption levels and, where appropriate, relevant site remediation measures;
Directive 2010/75/EU
Article 1 – paragraph 1 – point 3 – point c, Article 3 – paragraph 1 – point 13a: (13a) ‘environmental performance levels associated with the best available techniques’ means the binding range of environmental performance levels for installations within the same sectoral activities and having similar characteristics, such as energy carriers, raw materials, production units and final products, when the data made available in the exchange of information supporting the determination of BAT are sufficiently robust across the Union, which shall include consumption and resource efficiency levels, for BAT Conclusions following the first conclusion after [insert the end date for transposition of this amending Directive], reuse levels for water, energy, and raw materials, except emission levels, obtained under normal operating conditions using a BAT or a combination of BATs as described in BAT conclusions, expressed as an average over a given period of time, under specified reference conditions;
Directive 2010/75/EU
Article 1 – paragraph 1 – point 3 – point c a (new), Article 3 – paragraph 1 – point 13 a a (new): (ca) the following point is inserted: / (13aa) "Industrial Waste Water Treatment Plant" means a waste water treatment plant covered by Directive 2010/75/EU;
Directive 2010/75/EU
Article 1 – paragraph 1 – point 3 – point c b (new), Article 3 – paragraph 1 – point 13 a b (new): (cb) the following point is inserted: / (13ab) "Urban Waste Water Treatment Plant" means a waste water treatment plant covered by Directive 91/271/EEC;
Directive 2010/75/EU
Article 1 – paragraph 1 – point 3 – point c c (new), Article 3 – paragraph 1 – point 14: (cc) point 14 is replaced by the following: / "(14) ‘emerging technique’ means a novel technique for an industrial activity that, if commercially developed, could provide either a higher general level of protection of the environment and human health or at least the same level of protection of human health and the environment and higher cost savings than existing best available techniques;"
Removed:(https://eur-lex.europa.eu/legal-content/FR/ALL/?uri=CELEX%3A32010L0075)
Directive 2010/75/EU
Article 1 – paragraph 1 – point 3 – point d a (new), Article 3 – paragraph 1 – point 23: (da) point (23) is replaced by the following: / ‘(23) ‘poultry' means poultry as defined in Article 4, point 9, of Regulation (EU) 2016/429 of the European Parliament and of the Council on transmissible animal diseases*;’; / * OJ L 084, 31.3.2016, p. 1
Directive 2010/75/EU
Change 7
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
Directive 2010/75/EU
Change 8
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)
Directive 2010/75/EU
Change 9
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
13 unchanged paragraphs
Article 1 – paragraph 1 – point 3 – point f, Article 3 – paragraph 1 – point 48: deleted
Directive 2010/75/EU
Article 1 – paragraph 1 – point 3 – point f, Article 3 – paragraph 1 – point 49: deleted
Directive 2010/75/EU
Article 1 – paragraph 1 – point 3 – point f, Article 3 – paragraph 1 – point 50: (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;
Directive 2010/75/EU
Article 1 – paragraph 1 – point 3 – point f, Article 3 – paragraph 1 – point 51: (51) ‘environmental performance levels associated with emerging techniques’ means the indicative range of environmental performance levels, except emission levels, including consumption levels of materials, water and energy, obtained under normal operating conditions using an emerging technique or a combination of emerging techniques, for installations within the same sectoral activities and having similar characteristics, such as energy carriers, raw materials, production units and final products, expressed as an average over a given period of time, under specified reference conditions;
Directive 2010/75/EU
Article 1 – paragraph 1 – point 3 – point f, Article 3 – paragraph 1 – point 53 – point a: (a) consumption levels of energy and water ;
Directive 2010/75/EU
Article 1 – paragraph 1 – point 3 – point f, Article 3 – paragraph 1 – point 53 – point b: (b) efficiency levels of water, energy, and raw materials; reuse levels of water, energy, and raw materials;
Directive 2010/75/EU
Article 1 – paragraph 1 – point 3 – point f, Article 3 – paragraph 1 – point 53 – point f: (e) waste and other levels obtained under specified reference conditions as described in BAT conclusions, expressed as an average over a given period of time.
Removed:(https://eur-lex.europa.eu/legal-content/FR/ALL/?uri=CELEX%3A32010L0075)
Directive 2010/75/EU