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 4 of 12: Paragraphs 125–184
9 unchanged paragraphs
Article 1 – paragraph 1 – point 3 – point f, Article 3 – paragraph 1 – point 53 a (new): (53a) ‘water reuse system’ means the infrastructure and other technical elements necessary for producing, supplying and using reclaimed water; it comprises all the elements from the starting point of the production process to the point where reclaimed water is used, including distribution and storage infrastructure, where relevant;
Directive 2010/75/EU
Article 1 – paragraph 1 – point 3 – point f, Article 3 – paragraph 1 – point 53 b (new): (53b) 'reclaimed water’ means water that has been reclaimed from previous uses and is reused for a different beneficial purpose;
Directive 2010/75/EU
Article 1 – paragraph 1 – point 3 – point f, Article 3 – paragraph 1 – point 53 c (new): (53c) ‘water reuse’ means the process through which water is reclaimed from previous use and converted through a water reuse system into water that can be reused for a variety of purposes;
Directive 2010/75/EU
Article 1 – paragraph 1 – point 3 a (new), Article 3 a (new): (3a) The following Article 3a is inserted: / Article 3a / Confidential business information / 1. In accordance with Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC and with Directive (EU) 2016/943 of the European Parliament and of the Council, only non-confidential information shall be made publicly available under the provisions of this Directive. / 2. Irrespective of who publishes the information, Member States shall ensure that the operators are given an opportunity before publication to request in a proportionate manner the confidential treatment of relevant elements and within a reasonable and clearly defined period by the competent authority. Information may be redacted, or if that is not possible, excluded in the case of confidential business information. / 3. No later than one month after a request made pursuant to paragraph 2, the competent authority shall assess the request and notify the operator on its decision. If no agreement is reached, the operator may challenge the decision in the competent judicial or administrative authority of the Member State no later than one month after the decision of the competent authority. / 4. If the operator requests confidential treatment, the competent authority shall only suspend the publication of the contested elements until an agreement with the competent authorities is reached or final decision by th…
Directive 2010/75/EU
Article 1 – paragraph 1 – point 4 a (new), Article 5 – paragraph 2: (4a) In Article 5, paragraph 2 is replaced by the following: / "2. Member States shall take the measures necessary to ensure that the conditions of, and the procedures for the granting of, the permit are fully coordinated where more than one competent authority or more than one operator is involved or more than one permit is granted. In order to guarantee an effective integrated approach by all authorities competent for this procedure, an electronic permitting system shall be put in place."
Removed:(32010L0075)
12 unchanged paragraphs
Directive 2010/75/EU
Article 1 – paragraph 1 – point 5, Article 5 – paragraph 4 – subparagraph 1 – point a: (a) an overview of the main permit conditions, including emissions monitoring requirements;
Directive 2010/75/EU
Article 1 – paragraph 1 – point 5, Article 5 – paragraph 4 – subparagraph 2: By 31 December 2024, the Commission shall adopt an implementing act to establish the format to be used for the summary referred to in the second subparagraph and guidelines on the publication of the permits as referred to in the first subparagraph. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 75(2).
Directive 2010/75/EU
Article 1 – paragraph 1 – point 5, Article 5 – paragraph 4 a (new): 4a. By 31 December 2024, Member States shall submit to the Commission an assessment on the measures needed due to the changes of this Directive, including a prognosis and estimations of the accrued workload of the competent authorities in order to ensure they have proper administrative capacity to provide a timely, efficient and smooth permitting process.
Directive 2010/75/EU
Article 1 – paragraph 1 – point 5, Article 5 – paragraph 4 b (new): 4b. Without prejudice to other relevant Union law, Member States shall ensure that the process for granting fast-track permits for installations applying an emerging technique related to the main activity of the installation in accordance with Article 27c, does not exceed 18 months, unless exceptional circumstances arise. / If an extension of up to six months is necessary, the Member State shall inform the operator about the exceptional circumstances that justify the extension. / Competent authorities shall complete the processing of the permit applications no later than 90 days after receipt. / Within 90 days of the applicant submitting a respective request, the competent authority shall issue an opinion on the scope and level of detail of information to be included in the environmental impact assessment. If other Union legislation also requires an assessment of the effects on the environment, the national competent authority shall provide coordinated and joint procedures that meet the requirements of that Union legislation. / Within 12 months of the operator submitting a permit request, competent authorities shall complete the public consultation part of the environmental impact assessment of the project.
Directive 2010/75/EU
Article 1 – paragraph 1 – point 5, Article 5 – paragraph 4 c (new): 4c. The rules referred to in paragraph 4a shall also apply where an operator applies for a permit covering more than one installation under Article 4(2).
Directive 2010/75/EU
Article 1 – paragraph 1 – point 5 a (new), Article 6 – paragraph 2: (5a) In Article 6, paragraph 2 is replaced by the following: / "Where general binding rules are adopted, the permit may include a reference to such rules. When adopting general binding rules, Member States shall ensure an integrated approach and a high level of environmental protection equivalent to that achievable with individual permit conditions."
Removed:(32010L0075)
21 unchanged paragraphs
Directive 2010/75/EU
Article 1 – paragraph 1 – point 6, Article 7 – paragraph 1 a (new): In the event of pollution affecting drinking water resources, including transboundary resources, or affecting wastewater infrastructure in the case of indirect discharge, the competent authority shall inform the drinking water and wastewater operators affected, including transboundary wastewater operators, of the measures taken to prevent or remedy the damage caused by that pollution to human health and the environment.
Directive 2010/75/EU
Article 1 – paragraph 1 – point 6, Article 7 – paragraph 2: In the event of any incident or accident significantly affecting human health or the environment in another Member State, the Member State in whose territory the accident or incident has occurred shall ensure that the competent authority of the other Member State is immediately informed via the established communication channels as referred to in Article 26(5). Transboundary and multidisciplinary cooperation between the affected Member States shall aim at limiting the consequences on the environment and human health and to prevent further possible incidents or accidents.
Directive 2010/75/EU
Article 1 – paragraph 1 – point 6, Article 8 – title: Compliance
Directive 2010/75/EU
Article 1 – paragraph 1 – point 6, Article 8 – paragraph 1 – subparagraph 2: They shall also adopt compliance assurance measures to promote, monitor and enforce compliance with obligations placed on natural or legal persons under this Directive*.
Directive 2010/75/EU
Article 1 – paragraph 1 – point 6, Article 8 – paragraph 2 – subparagraph 1 – introductory part: In the event of a breach of the permit conditions resulting from this Directive,. Member States shall ensure that:
Directive 2010/75/EU
Article 1 – paragraph 1 – point 6, Article 8 – paragraph 2 – subparagraph 2: Where the breach of the permit conditions poses an immediate danger to human health, drinking water intake or threatens to cause an immediate significant adverse effect upon the environment, and until compliance is restored in accordance with the first subparagraph, points (b) and (c), the operation of the installation, combustion plant, waste incineration plant, waste co-incineration plant or relevant part thereof shall be suspended without any delay.
Directive 2010/75/EU
Article 1 – paragraph 1 – point 6, Article 8 – paragraph 2 a (new): 2a. In the event of a breach of compliance affecting drinking water resources, including transboundary resources, or affecting wastewater infrastructure in the case of an indirect discharge, the competent authority shall inform the drinking water and wastewater operators, and all relevant authorities that ensure compliance with environmental legislation affected, including transboundary authorities, of the breach and the measures taken to prevent or remedy the damage caused to human health and the environment.
Directive 2010/75/EU
Article 1 – paragraph 1 – point 6, Article 8 – paragraph 3: Where the breach of the permit conditions continues to cause a danger to human health or a a significant adverse effect upon the environment, and where the necessary action for restoring compliance identified in the inspection report referred to in Article 23(6) have not been implemented, the operation of the installation, combustion plant, waste incineration plant, waste co-incineration plant or relevant part thereof shall be suspended by the competent authority until compliance with the permit conditions is restored.
Directive 2010/75/EU
Article 1 – paragraph 1 – point 6, Article 8 – paragraph 3 a (new): 3a. The suspension referred to in paragraphs 2 and 3 of this Article shall be enforced in an effective manner and shall not be postponed or ceased by any means, including if the operator challenges the suspension decision through any administrative or judicial means, unless there is a definitive judicial decision concluding that the operation can be resumed.
Directive 2010/75/EU
Article 1 – paragraph 1 – point 6, Article 8 – paragraph 3 b (new): 3b. In the event of any breach of the permit conditions affecting human health or the environment in another Member State, the Member State in whose territory the breach of the permit conditions has occurred shall ensure that the competent authority of the other Member State is informed via the established communication channels as referred to in Article 26(5).
Directive 2010/75/EU
Change 10
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
Directive 2010/75/EU
Article 1 – paragraph 1 – point 7 a (new), Article 11 – paragraph 1 – point c: (7a) Article 11, point (c) is replaced by the following: / "(c) no significant pollution is caused, including olfactory pollution;"
Removed:(32010L0075)
Directive 2010/75/EU
Article 1 – paragraph 1 – point 7 b (new), Article 11 – paragraph 1 – point f: (7b) In Article 11, point (f) is replaced by the following: / "(f) energy is used efficiently and the use and production of renewable energy is promoted;"
Removed:(32010L0075)
6 unchanged paragraphs
Directive 2010/75/EU
Article 1 – paragraph 1 – point 8, Article 11 – paragraph 1 – point fa: (fa) material resources and water are used efficiently, including through re-use and recycling;
Directive 2010/75/EU
Article 1 – paragraph 1 – point 8, Article 11 – paragraph 1 – point fb: deleted
Directive 2010/75/EU
Article 1 – paragraph 1 – point 8 a (new), Article 11 – paragraph 1 – point g: (8a) In Article 11, (1), point (g) is replaced by the following: / "(g) the necessary measures are taken to protect human health, prevent accidents, and limit their consequences;"
Removed:(32010L0075)
Directive 2010/75/EU