What changed between the draft committee report and the plenary report

Removed: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, consideration of cross-media effects, the environmental performance levels associated with the best available techniques, the minimum content of an environmental management system including non-confidential benchmarks associated with the best available techniques, associated monitoring, associated consumption levels and, where appropriate, relevant site remediation measures.

Added: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.

Removed:Article 1 – paragraph 1 – point 3 – point c, Article 3 – paragraph 1 – point 13 a: (13a) environmental performance levels associated with the best available techniques’ means the range of environmental performance levels for processes that are highly homogeneous across the Union, except emission levels, obtained under normal operating conditions using a best available technique or a combination of best available techniques.

Added: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.

Removed:Article 1 – paragraph 1 – point 3 – point c a (new), Article 3 – paragraph 1 – point 14 a (new): (ca) the following point (14a) is inserted: / (14a) “EU-50 technologies ” means transformative technologies that have a significant impact and enable one of the strategic objectives of the Union and especially the 2030 targets of Regulation (EU) 2021/1119 (European Climate Law) to be achieved in line with the existing best available techniques and emerging techniques.

Added: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:Article 1 – paragraph 1 – point 3 – point e, Article 3 – paragraph 1 – point 23c a (new): (23ca) ‘small-scale extensive farming’ means animal rearing in small and very small farms as laid down in national definitions, and is characterised by low levels of input per unit area of land;

Added: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.

Removed:Article 1 – paragraph 1 – point 3 – point e, Article 3 – paragraph 1 – point 23c b (new): (23cb) ‘small-scale family farming’ means animal rearing in small and very small or semi-subsistence farms as laid down in national definitions. Those definitions shall be based on the following criteria: self-ownership, partnership or family ownership of the livestockin which case the owner or the owner’s immediate family exclusively bears the business risk, combined with the owner or the owner’s immediate family, or both, carrying out a predominant share of the farm labour

Added: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.

Removed:Article 1 – paragraph 1 – point 3 – point e, Article 3 – paragraph 1 – point 23c c (new): (23cc) ‘organic farming’ means an overall system of farm management and food production that combines best environmental and climate action practices, a high level of biodiversity, the preservation of natural resources and the application of high animal welfare standards and high production standards in line with the demand of a growing number of consumers for products produced using natural substances and processes.

Added: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:Article 1 – paragraph 1 – point 3 – point e, Article 3 – paragraph 1 – point 23c d (new): (23cd) ‘industrial-scale livestock rearing’ means rearing of poultry, pigs and cattle, which does not fall under the definitions laid down in points (23cc(new)) to (23d);

Added: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:Article 1 – paragraph 1 – point 3 – point f, Article 3 – paragraph 1 – point 49 a (new): (49a) ‘construction minerals’ means minerals primarily used directly in construction or in the production of construction materials, their extraction and processing, and which have a low environmental impact, typically limited to emission of dust;

Added: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;

Changed:Article 1 – paragraph 1 – point 3 – point f,c, Article 3 – paragraph 1 – point 50:13a: (50)(13a) ‘emission‘environmental performance levels associated with emergingthe best available techniques’ means the expectedbinding range of emissionenvironmental 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 an emerginga techniqueBAT or a combination of emerging techniques,BATs as described in BAT conclusions, expressed as an average over a given period of time, under specified reference conditions;

Removed:Article 1 – paragraph 1 – point 3 – point f, Article 3 – paragraph 1 – point 51: (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 combination of emerging techniques for processes that are highly homogenous across the Union;

Added: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;

Changed:Article 1 – paragraph 1 – point 3 – point f,c b (new), Article 3 – paragraph 1 – point 53 a (new): (53a) ‘water reuse system’ means13 a water reuse system as defined in point 15 of Article 3 of Regulation (EU)b 2020/741(new): of(cb) the European Parliament andfollowing ofpoint theis Council1a;inserted: / 1a Regulation (EU) 2020/741 of the European(13ab) Parliament"Urban andWaste ofWater theTreatment CouncilPlant" ofmeans 25a Maywaste 2020water ontreatment minimumplant requirementscovered forby waterDirective reuse91/271/EEC;

Removed:Article 1 – paragraph 1 – point 3 – point f, Article 3 – paragraph 1 – point 53 b (new): (53b) ‘reclaimed water’ means reclaimed water as defined in point 4 of Article 3 of Regulation (EU) 2020/741;

Added: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: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.

Added: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

Removed:Article 1 – paragraph 1 – point 4, Article 4 – paragraph 1 – subparagraph 2: By way of derogation from the first subparagraph, Member States may set a procedure for the registration of installations for the production of hydrogen from water-electrolysis below a capacity of 18 tonnes per hour/50 MW of thermal input and installations covered only by Chapter V or Chapter VIa

Added: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.

Removed:Article 1 – paragraph 1 – point 5, Article 5 – paragraph 4 – subparagraph 1 – introductory part: Member States shall ensure that non-confidential information included in the 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 conditions. That summary shall include at least the following:

Added: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.

Removed:Article 1 – paragraph 1 – point 5, Article 5 – paragraph 4 – subparagraph 1 – point b: (b) the emission limit values and environmental performance limits values, if applicable;

Added:Article 1 – paragraph 1 – point 3 – point f, Article 3 – paragraph 1 – point 48: deleted

Removed:Article 1 – paragraph 1 – point 5, Article 5 – paragraph 4 – subparagraph 2: 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). Upon adoption and publication of the implementing act, the requirement for a permit summary as set out in the first subparagraph of this paragraph shall apply.

Added:Article 1 – paragraph 1 – point 3 – point f, Article 3 – paragraph 1 – point 49: deleted

Removed:Article 1 – paragraph 1 – point 5, Article 5 – paragraph 4 a (new): 4a. Member States shall develop rules for the granting of a permit in a shorter time frame than the current practices in the Member States for EU-50 technologies used by the installation in accordance with Article 27, , based on the conclusions of the exchange under Article 13(2 - d -new) on a fast-track procedure. Member States shall ensure that the duration of the procedure for the granting of permits for EU-50 technologies referred to in this Article does not exceed 18 months. However, Member States may, where extraordinary circumstances so require, extend that period by up to 12 months. In such a case, Member States shall clearly inform the operator about the extraordinary circumstances that justify the need for an extension.

Added: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;

Removed:Article 1 – paragraph 1 – point 5, Article 5 – paragraph 4 b (new): 4b. Member States shall set up or designate one or more EU-50 contact points. Those contact points shall, upon request by the applicant or the operator, provide guidance on, and facilitate the entire administrative permit application and granting process. The applicant/operator shall not be required to contact more than one contact point for the entire permit application and granting process. The contact point shall verify that deadlines for the “fast-tracking” permit-granting procedures are respected and report to the Commission in the event of significant delays. Applicants shall submit permit applications in a uniform digital form for the entire Union. By [OJ: please insert the date 12 months from entry into force of this Directive] Member States shall ensure that all procedures, concerning the application or granting of EU-50 permits are carried out in an electronic format.

Added: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;

Removed:Article 1 – paragraph 1 – point 5, Article 5 – paragraph 4 c (new): 4c. The rules referred to in paragraphs 4a and 4b shall also apply where an operator applies for a permit covering more than one installation under Article 4(2), as well as in the case provided for in Article 20(3a-new)

Added:Article 1 – paragraph 1 – point 3 – point f, Article 3 – paragraph 1 – point 53 – point a: (a) consumption levels of energy and water ;

Removed: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 waste water infrastructure in the case of indirect discharge, the competent authority shall inform the drinking water and wastewater operators affected of the measures taken to prevent or remedy damage caused by that pollution to human health and the environment.

Added: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;

Removed: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. Transboundary and multidisciplinary cooperation between the affected Member States shall aim at limiting the consequences for the environment and human health and to prevent further possible incidents or accidents.

Added: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.

Added: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;

Added:Directive 2010/75/EU

Added: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;

Added:Directive 2010/75/EU

Changed: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 at the latest 3 years after the transposition of this Directive.Directive*.

Changed:Article 1 – paragraph 1 – point 6, Article 8 – paragraph 2 – subparagraph 1 – introductory part: In the event of a severe breach of the permit conditions,conditions resulting from this Directive,. Member States shall ensure that:

Changed:Article 1 – paragraph 1 – point 6, Article 8 – paragraph 2 a– (new):subparagraph 2a.2: InWhere the eventbreach of athe breachpermit ofconditions complianceposes affectingan immediate danger to human health, drinking water resources,intake includingor transboundarythreatens resources,to orcause affectingan wasteimmediate watersignificant infrastructureadverse ineffect theupon casethe ofenvironment, anand indirectuntil discharge,compliance theis competentrestored authorityin shallaccordance informwith the drinkingfirst watersubparagraph, andpoints waste(b) waterand operators(c), affectedthe operation of the measuresinstallation, takencombustion toplant, preventwaste orincineration remedyplant, thewaste damageco-incineration causedplant toor humanrelevant healthpart andthereof theshall environment.be suspended without any delay.

Removed:Article 1 – paragraph 1 – point 7, Article 9 – paragraph 2: (7) In Article 9, paragraph 2 is replaced by the following: / (2) 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 and implement an energy management system pursuant to Article 8 of Directive 2012/27/EU (EED) or the operator implements equivalent measures.

Added: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.

Removed:Article 1 – paragraph 1 – point 8, Article 11 – paragraph 1 – point f b: (fb) the overall life-cycle environmental performance of the supply chain is taken into account to the extent required by Regulation (EU) No 537/2014 as regards corporate sustainability reporting and other relevant Union legislation, if applicable;

Added: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.

Removed:Article 1 – paragraph 1 – point 8 a (new), Article 11 – paragraph 1 a (new): (8a) In Article 11, the following paragraph is added: / To support the Member States in taking the measures referred to in paragraph 1, the Technical Working Group of the European Integrated Pollution Prevention and Control Bureau (EIPPCB) shall evaluate the principles of energy efficiency referred to in point (f) and those listed in points (fa) and (fb), and shall advise the permitting authorities on prioritisation in case, for instance, of cross-media effects in order to facilitate compliance with this Article;

Added: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.

Removed:Article 1 – paragraph 1 – point 8 b (new), Article 12 – paragraph 1 – subparagraph 1 – point k a (new): (8b) In Article 12 (1), the following point is added in the first subparagraph: / (ka) any request for a fast-track procedure under Art. 5, if applicable, along with a detailed justification.

Added: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).

Removed:Article 1 – paragraph 1 – point 9 – point a, Article 13 – paragraph 1: 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. The European Chemicals Agency shall act as an observer of the process, only providing scientific technical input for updating documents, and shall not have a role in the decision making process.

Added: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.

Changed:Article 1 – paragraph 1 – point 9 – point a7 a (new), Article 1311 – paragraph 21 – point b: (aa)c: In(7a) Article 13(2),11, point (b)(c) is replaced as follows: / (b) the techniques used, associated monitoring, cross-media effects, includingby the interplay between pollutant emissionsfollowing: and/ GHG"(c) emissions,no economicsignificant andpollution technicalis viabilitycaused, andincluding developmentsolfactory therein;pollution;"

Changed:Article 1 – paragraph 1 – point 9 – point a7 b (new), Article 1311 – paragraph 21 – point c a (new):f: (ab)(7b) In Article 13(2), the following11, point is(f) inserted:is /replaced (ca)by the relevance and justifiability of anyfollowing: fast-track/ requests"(f) underenergy Articleis 5used (4a)efficiently and (4c)the use and Articleproduction 27e,of maderenewable byenergy theis participants.promoted;"

Removed:Article 1 – paragraph 1 – point 9 – point b, Article 13 – paragraph 2 – subparagraph 2: 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. Regulation (EC) No. 1049/2001, Regulation (EC) No. 1367/2006 and Directive 2003/4/EC shall apply to any request for access to information held by an authority pursuant to the exchange referred to in Article 13(1) of this Directive.

Added: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;

Removed:Article 1 – paragraph 1 – point 9 – point b a (new), Article 13 – paragraph 3 – subparagraph 2 – point d: (ba) In Article 13 (3), point (d) is replaced as follows: / (d) guidance on the drawing up of BAT reference documents and on their quality assurance including the suitability of their content and format as well as a clear indication of the appropriate instrument, such as benchmarks or limit values, for the purpose of environmental performance.

Added:Article 1 – paragraph 1 – point 8, Article 11 – paragraph 1 – point fb: deleted

Removed:Article 1 – paragraph 1 – point 9 – point b b (new), Article 13 – paragraph 5: (bb) In Article 13, paragraph 5 is replaced as follows: / 5. The exchange of information for the preparation, review and, if necessary, updating, of a BREF document shall not exceed a period of three years. The opinion of the forum referred to in paragraph 3 on the proposed content of a BREF shall be submitted within 6 months of the final meeting of the expert group responsible for the revision of the BREF. / Decisions on the BAT conclusions shall be adopted in accordance with the regulatory procedure referred to in Article 75(2) six months after submission of the opinion by the forum.

Added: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:Article 1 – paragraph 1 – point 9 – point b c (new), Article 13 – paragraph 7: (bc) In Article 13, paragraph 7 is replaced as follows: / 7. Pending the adoption of a relevant decision in accordance with paragraph 5, the conclusions on best available techniques from BAT reference documents adopted by the Commission prior to the date referred to in Article 83 shall apply as BAT conclusions for the purposes of this Chapter.

Added:Article 1 – paragraph 1 – point 8 b (new), Article 12 – paragraph 1 – point b: (8b) In Article 12, (1), point b is replaced b the following: / "(b) the raw and auxiliary materials, other substances, the energy and water used in or generated by the installation;"

Removed:Article 1 – paragraph 1 – point 10 – point a – point iii, Article 14 – paragraph 1 – subparagraph 2 – point a a: (aa) environmental performance limit values, if applicable;

Added:Article 1 – paragraph 1 – point 8 c (new), Article 12 – paragraph 1 – point c: (8c) In Article 12, (1), point c is replaced by the following: / "(c) the sources of emissions from the installation, including olfactory emissions;"

Removed:Article 1 – paragraph 1 – point 11, Article 14a – paragraph 1 – subparagraph 1: Member States shall require the operator to prepare and implement, for each installation, including, pursuant to Article 4(2), for jointly covered installations by the permit, falling within the scope of this Chapter, an environmental management system (‘EMS’). The level of detail and the degree of formalization of the EMS shall correspond to the nature, scale and complexity of the site and the installations the EMS relates to, and the range of environmental impacts it may have. The EMS shall comply with the provisions included in relevant BAT conclusions that determine aspects to be covered in the EMS, based on the standardised text decided by the forum provided for in Article 13.

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

Removed:Article 1 – paragraph 1 – point 11, Article 14a – paragraph 1 a (new): 1a. An EMS shall be based on internationally accepted corporate reporting standards, such as EN ISO 14001/50001 or those provided for in EMAS regulation. The EMS shall be reviewed periodically to ensure that it continues to be suitable, adequate and effective.

Added:Article 1 – paragraph 1 – point 9 – point a, Article 13 – paragraph 1: 1. In order to draw up, review and, where necessary, update BAT reference documents, the Commission shall organise an exchange of information between Member States, the industries concerned, non-governmental organisations promoting human health and environmental protection, the European Chemicals Agency, the European Environmental Agency, and the Commission.

Removed:Article 1 – paragraph 1 – point 11, Article 14a – paragphaph 2 – introductory part: 2. In cases where no EMS is included in BAT conclusions, the EMS shall include at least the following non-confidential information:

Added:Article 1 – paragraph 1 – point 9 – point a a (new), Article 13 – paragraph 1 a (new): aa. the following paragraph is inserted: / 1a. The Commission shall, by the end date for transposition of this Directive amend Implementing Decision 2012/119/EU and provide both the Seville technical working group and the Forum referred to in Article 13 of this Directive with the necessary resources, and shall adapt their structure, competences and financing in line with the extension of scope of this Directive.

Removed:Article 1 – paragraph 1 – point 11, Article 14a – paragraph 2 – point b: (b) indicative objectives and performance indicators in relation to significant environmental aspects, which shall take into account benchmarks set out in the relevant BAT conclusions.

Added:Article 1 – paragraph 1 – point 9 – point b, Article 13 – paragraph 2 – subparagraph 2: By way of derogation from Article 3a , and without prejudice to Union competition law, information considered as confidential business information or commercially sensitive information shall only be shared with the Commission. This information shall be anonymised, not referring to a particular operator or installation, before being shared with the following individuals having signed a confidentiality, and non-disclosure agreement: civil servants and other public employees representing Member States or Union agencies, representatives of non-governmental organisations promoting the protection of human health or the environment and representatives of associations representing the relevant industrial sectors. The exchange of information considered as confidential business information or sensitive commercial information shall remain limited to what is technically required to draw up, review and, where necessary, update BAT reference documents, and such confidential business information or sensitive commercial information shall not be used for other purposes. The Commission shall adopt an implementing act providing the model for the confidentiality and non-disclosure agreement enabling the exchange of information in accordance with this paragraph.

Removed:Article 1 – paragraph 1 – point 11, Article 14a – paragraph 2 – point d: (d) a chemicals inventory of the relevant hazardous substances present in the installation as such, as constituents of other substances or as part of mixtures, a risk assessment of the impact of such substances on human health and the environment or a reference to existing company documents, including that information, such as that included as part of a REACH registration or required by Council Directive 89/391/EEC1a; / ______________- / 1a Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work

Added:Article 1 – paragraph 1 – point 9 – point b a (new), Article 13 – paragraph 3 – subparagraph 1: (ba) in paragraph 3, the first subparagraph is replaced by the following: / "The Commission shall establish and regularly convene a balanced forum composed of representatives of Member States, the industries concerned and non-governmental organisations promoting the protection of human health or the environment."

Removed:Article 1 – paragraph 1 – point 11, Article 14a – paragraph 2 – point e: (e) measures taken to achieve the indicative environmental objectives and avoid risks for human health or the environment or a reference to existing company documents that includethat information, including corrective and preventive measures where needed;

Added:Article 1 – paragraph 1 – point 9 – point b b (new), Article 13 – paragraph 3 – subparagraph 2 – point d: (bb) paragraph (3), point (d) is replaced by the following: / "(d) guidance on the drawing up of BAT reference documents, including on cross media effects, taking into consideration increased legislative ambition on decarbonisation and energy independence, and on their quality assurance including the suitability of their content and format as well as an indication of the appropriate instrument, such as benchmarks or environmental performance levels, taking into account the recommendations of the technical working group."

Removed:Article 1 – paragraph 1 – point 11, Article 14a – paragraph 3 a (new): 3a. Information that is subject to mandatory reporting under other relevant Union legislation shall not be required under the EMS. Where such reporting is not public or reporting is required at company level, rather than installation level, a reference to the non-confidential parts of the respective reports shall be included in reporting under the EMS.

Added:Article 1 – paragraph 1 – point 9 – point b c (new), Article 13 – paragraph 5: (bc) paragraph 5 is replaced by the following: / "5. The exchange of information for the preparation, review and, if necessary, updating, of a BREF document shall not exceed a period of four years. The opinion of the forum referred to in paragraph 3 on the proposed content of a BREF shall be submitted within 6 months of the final meeting of the expert group responsible for the revision of the BREF. / Decisions on the BAT conclusions, shall be adopted in accordance with the regulatory procedure referred to in Article 75(2). BAT reference documents shall be reviewed and, where necessary updated, at least every 8 years."

Removed:Article 1 – paragraph 1 – point 11, Article 14a – paragraph 3 b (new): 3b. In cases where an EMS is included in a BAT conclusion but the EMS does not cover elements set out in Article 14a(2), points (a) to (e), the forum referred to in Article 13 shall justify why those elements are not covered and record it in the BAT conclusion.

Added:Article 1 – paragraph 1 – point 9 – point b d (new), Article 13 – paragraph 6: (bd) paragraph 6 is replaced by the following: / "6. After the adoption of a decision in accordance with paragraph 5, the Commission shall within one month make the BAT reference document and the BAT conclusions publicly available on an easy to find webpage. The BAT conclusion shall be published in all the official languages of the Union and shall be made available online on the Industrial Emissions Portal."

Removed:Article 1 – paragraph 1 – point 12, Article 15 – paragraph 3 – subparagraph 1: Without prejudice to Article 21 (3) and (5), and subject to the publication of new or amended BAT conclusions after the transposition of this Directive and taking into account Commission Implementing Decision 2012/119/EU (“The BREF Guidance”) the competent authority shall set the strictest possible emission limit values that are consistent with the lowest emissions achievable by applying BAT in the installation. Those limit values shall take into account the balance between heterogeneous emissions at the installation, as well as the balance between pollutant emissions and GHG emissions, and 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 of the whole BAT-AEL range. The competent authorities shall assess any non-feasibility claims by the operator when it comes to meeting the lowest possible emission limit within the BAT-AEL range. The conclusion of such an assessment of the competent authority shall reflect the optimal performance the installation can achieve under standard operating conditions by applying BAT as described in BAT conclusions, while taking into account fluctuations of the performance of the best available techniques and the circumstances where the installation operates at the highest end of the emission value…

Added:Article 1 – paragraph 1 – point 10 – point a – point i a (new), Article 14 – paragraph 1 – subparagraph 1 a (new): (ia) the following subparagraph is inserted after the first subparagraph: / When an industrial installation discharges wastewater directly or indirectly into surface water, drinking water and wastewater operators shall be consulted, prior to the granting of the permit, on the potential consequences of emissions on their infrastructure and the protection of human health and the environment. The authorities shall take that information duly into account when defining the permit conditions. Such procedure shall not delay the granting of the permit unduly.

Removed: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 may also set environmental performance limit values that ensure that, under normal operating conditions, such performance limits values do not exceed the environmental performance levels associated with BATs as laid down in the decisions on BAT conclusions referred to in Article 13(5) considering the cross-media effects in installations with heterogeneous emissions and the balance thereof, as well as the balance between pollutant emissions, energy efficiency and GHG emissions.

Added:Article 1 – paragraph 1 – point 10 – point a – point ii, Article 14 – paragraph 1 – subparagraph 2 – point a: (a) emission limit values for polluting substances listed in Annex II of Regulation (EC) No 166/2006*, and for other polluting substances, in particular odour emissions and substances of very high concern in Annex XIV to Regulation (EC) No 1907/2006, designated as priority substances under Directives 2000/60/EC or 2008/105/EC, on the watch lists established in the framework of Directives 2006/118/EC or 2008/105/EC, or other substances that are subject to limit values or other restrictions under Directives 2008/50/EC, 2004/107/EC or 2006/118/EC, until the adoption of the delegated act expanding Annex II to the Industrial Emissions Portal Regulation, which are likely to be emitted from the installation concerned in significant quantities having regard to their nature and their potential to transfer pollution from one medium to another, take into account seasonal environmental fluctuations;

Removed:Article 1 – paragraph 1 – point 12, Article 15 – paragraph 4 – subparagraph 1 – introductory part: By way of derogation from paragraph 3 and 3a, and without prejudice to Article 18, the competent authority may, in specific cases, set less strict emission limit values or environmental performance limit values (EPLVs). Such derogation may apply only where an assessment shows that the achievement of emission levels or EPLVs associated with the best available techniques as described in BAT conclusions would lead to disproportionately higher costs compared to the environmental benefits due to:

Added:Article 1 – paragraph 1 – point 10 – point a – point iii, Article 14 – paragraph 1 – subparagraph 2 – point a a: (aa) environmental performance limit values, as referred to in Article 3 and Article 15 (3a);

Removed:Article 1 – paragraph 1 – point 12, Article 15 – paragraph 4 – subparagraph 1 – point b: (b) the technical characteristics of the installation concerned;

Added:Article 1 – paragraph 1 – point 10 – point a – point iv, Article 14 – paragraph 1 – subparagraph 2 – point b: (b) appropriate requirements ensuring protection of the soil, groundwater and surface water, and measures concerning the monitoring and management of waste generated by the installation, with specific attention given to the production of drinking water;

Removed:Aarticle 15 – paragraph 4 – subparagraph 1 – point b a (new)

Added:Article 1 – paragraph 1 – point 10 – point a – point v, Article 14 – paragraph 1 – subparagraph 2 – point ba: (ba) appropriate requirements laying down the general characteristics for an environmental management system in accordance with Article 14a;

Removed:Article 1 – paragraph 1 – point 12: (ba) an agreed closure plan in line with the deadlines set out in Member States’ national climate and energy plans or in companies’ plans; or

Removed:Article 1 – paragraph 1 – point 12, Article 15 – paragraph 4 – subparagraph 1 – point b b (new): (bb) the investment cycle related to the sustainability transition of the operator’s group.

Added:Article 1 – paragraph 1 – point 10 – point a – point vi a (new), Article 14 – paragraph 1 – subparagraph 2 – point c – subpoint ii a (new): (via) in point (c), the following subpoint (ii a new) is added: / (ii a) requirements for quality control of laboratories performing the monitoring, based on international standards such as ISO 17025.

Removed:Article 1 – paragraph 1 – point 12, Article 15 – paragraph 4 – subparagraph 6: The Commission shall adopt an implementing act, to establish 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 and considering the investment cycle related to the sustainability transition of the operator's group, based on exchanges in the framework of the forum under Article 13 and pursuant to Article 75(2).

Added:Article 1 – paragraph 1 – point 10 – point a – point vii a (new), Article 14 – paragraph 1 – subparagraph 2 – point e: (vii a) point e is replaced by the following: / "(e) appropriate requirements for the regular maintenance and surveillance of measures taken to prevent emissions to soil, surface and groundwater pursuant to point (b) and appropriate requirements concerning the periodic monitoring of soil, surface and groundwater in relation to relevant hazardous substances likely to be found on site and having regard to the possibility of soil, surface and groundwater contamination at the site of the installation;"

Removed:Article 1 – paragraph 1 – point 15, Article 18 – paragraph 1: 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 initial permit, with a view to reducing the specific contribution of the installation to the pollution occurring in the relevant area.The competent authority shall grant adequate periods to operators for the implementation of those additional measures and shall evaluate the effectiveness of such additional measures.

Added:Article 1 – paragraph 1 – point 10 – point a a (new), Article 14 – paragraph 2 a (new): (aa) the following paragraph is inserted: / 2a. Member States may grant derogations from the measure referred to in paragraph 1 subparagraph 2, point (bb) for up to twelve months. Such a derogation may apply only after the granting of the permit, provided that sufficient efforts have already been undertaken to finalise the EMS within that time period.

Removed:Article 1 – paragraph 1 – point 15, Article 18 – paragraph 2 a (new): When an industrial installation discharges wastewater directly or indirectly into surface water, thereby affecting a drinking water source, a risk assessment on the effect of the discharge on the drinking water source shall be conducted by the operator of the installation that discharges the waste water. The results of this assessment shall be shared with the drinking water operator and the authority in charge of the risk assessment pursuant to Article 8 of the Directive (EU) 2020/2184. If the assessment finds that the quality of the raw water is negatively affected, the operator shall take appropriate measures to eliminate this risk.

Added:Article 1 – paragraph 1 – point 11, Article 14a – paragraph 1 – subparagraph 1: Member States shall require the operator to prepare and implement, for each installation, including, pursuant to Article 4(2), for jointly covered installations by a permit, falling within the scope of this Chapter, an environmental management system (‘EMS’). Member States shall ensure that requirements to be mentioned in the permit conditions concerning the characteristics of the EMS are of a general nature only. / The EMS shall comply with the provisions included in relevant BAT conclusions that determine aspects to be covered in the EMS in the form of a standardised text as published by the European Commission in BREFs based upon an opinion by the forum referred to in Article 13.

Removed:Article 1 – paragraph 1 – point 15 a (new), Article 20 – paragraph 3 a (new): (15a) In Article 20, the following paragraph is inserted: / (3a) In the event of an energy, security or health crisis, leading to severe disruption of energy supplies or shortage of essential resources, materials or equipment, any changes of an installation that require a permit shall be dealt with in accordance with the fast-track procedure, as provided for in Article 5 (4a new)-(4c new). Member states shall process those requests as a matter of utmost priority.

Added:Article 1 – paragraph 1 – point 11, Article 14a – paragraph 1 – subparagraph 2: The EMS shall be audited at least every 3 years by an environmental verifier, as defined in Article 2(20) of Regulation 1221/2009, who verifies the conformity of the EMS, and of its implementation, with this article. The licence or accreditation referred to in Article 2(20) of Regulation 1221/2009 shall include the requirements set out in this Article.

Removed:Article 1 – paragraph 1 – point 16, Article 21 – paragraph 5 – point c: (c) where it is necessary to comply with an environmental quality standard referred to in Article 18, especially 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..

Added:Article 1 – paragraph 1 – point 11, Article 14a – paragraph 2 – introductory part: 2. The EMS shall include at least the following information:

Removed:Article 1 – paragraph 1 – point 17 – point b – point i, Article 24 – paragraph 2 – subparagraph 1: 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 non-confidential information:;

Added:Article 1 – paragraph 1 – point 11, Article 14a – paragraph 2 – point b: (b) objectives and performance indicators in relation to significant environmental aspects, which shall take into account benchmarks set out in the relevant BAT conclusions;

Removed:Article 1 – paragraph 1 – point 18 a (new), Article 25 – paragraph 3: (18a) In Article 25, paragraph 3 is replaced as follows: / To this end, the interest of any non-governmental organisation promoting environmental protection and meeting any requirements under national law and the interest of any sub-national public authority whose territory or population could be adversely affected by lack of compliance with this Directive shall be deemed sufficient for the purpose of paragraph 1(a). / Such organisations and authorities shall also be deemed to have rights capable of being impaired for the purpose of paragraph 1(b).

Added:Article 1 – paragraph 1 – point 11, Article 14a – paragraph 2 – point d: (d) a chemicals inventory of the relevant hazardous substances present in the installation as such, as constituents of other substances or as part of mixtures, a risk assessment of the impact of such substances on human health and the environment and an analysis of the possibilities to substitute them with safer alternatives;

Removed:Article 1 – paragraph 1 – point 22, Article 27a – paragraph 2: 2. The centre shall collect and analyse information on innovative techniques, including emerging techniques relevant to activities within the scope of this Directive, and characterise their level of development and their environmental performance. The representatives of the centre shall participate, along with the Commission, in the exchange of information referred to in Article 13(3), point (b), and assist the Commission when drawing up, reviewing and updating the BAT reference documents referred to in Article13(1).

Added:Article 1 – paragraph 1 – point 11, Article 14a – paragraph 2 – subparagraphs 2, 3, and 4: The level of detail of the EMS shall be consistent with the nature, scale and complexity of the installation, and the range of environmental impacts it may have. / In cases where an EMS is included in a BAT conclusion but the EMS does not cover elements set out in Article 14a(2), points (a) to (e), Member States shall require the operator to prepare and implement the EMS by 12 months after the end date of transposition of this Directive. / Where elements of the EMS, or the related performance indicators, objectives, measures have already been developed in other relevant Union legislation and comply with this paragraph, a reference in the EMS to the relevant documents shall be sufficient.

Changed:Article 1 – paragraph 1 – point 22,11, Article 27a14a – paragraph 3: 3. The centreEMS of an installation shall be assistedmade byavailable on the participantsInternet, infree theof exchangecharge ofand informationwithout referredrestricting access to registered users in accordance with Article 13(3),4a pointof (b)this and:Directive.

Removed:Article 1 – paragraph 1 – point 22, Article 27a – paragraph 3 – point a: deleted

Added:Article 1 – paragraph 1 – point 12, Article 15 – paragraph 1 – subparagraph 2 – introductory part: With regard to indirect releases of polluting substances into water, in the first instance the effect on an urban or industrial wastewater treatment plant, as applicable, outside the installation shall be taken into account when determining the emission limit values of the installation concerned in accordance with Article 14 of Directive [Urban Wastewater Treatment Directive (recast)]. As a second step the effect of an urban or industrial waste water treatment plant outside the installation may be taken into account when determining the emission limit values of the installation concerned. The steps, as referred to in this paragraph, shall be undertaken provided that an equivalent level of protection of the environment as a whole is guaranteed, that such steps do not lead to higher levels of pollution in the environment and provided the operator ensures that all of the following requirements are fulfilled:

Removed:Article 1 – paragraph 1 – point 22, Article 27a – paragraph 3 – point e: deleted

Added:Article 1 – paragraph 1 – point 12, Article 15 – paragraph 1 – subparagraph 2 – point a: (a) the released polluting substances do not impede the operation of the waste water treatment plant or the capacity to recover resources from the waste water treatment stream;

Removed:Article 1 – paragraph 1 – point 22, Article 27a – paragraph 3 – point g: deleted

Added:Article 1 – paragraph 1 – point 12, Article 15 – paragraph 3 – subparagraph 1 – introductory part: Subject to the publication of new or amended BAT conclusions, after the transposition of this Directive in accordance with Article 21 (3), or when the permit is granted or updated pursuant to Article 21(5), or [ date of the first day of the month following 10 years after the date of entry into force of this Directive], whichever is the sooner and for operators which have filed for application of a permit after the date of transposition of this Directiveand taking into account Commission Implementing Decision 2012/119/EU (“The BREF Guidance”) the competent authority shall set the strictest achievable emission limit values for the specific installation that are consistent with the lowest emissions achievable by applying BAT in the installation. Those limit values shall take into account cross-media effects and ensure that, under normal operating conditions, emissions do not exceed the emission levels associated with the best available techniques (BAT-AELs) as laid down in the decisions on BAT conclusions referred to in Article 13(5). The emission limit values shall be based on an assessment by the operator of the whole BAT-AEL range, analysing the feasibility of meeting the strictest end of the BAT-AEL range and demonstrating the best overall performance the specific installation can achieve under normal operating conditions, while taking into consideration standard operating fluctuations in cases of short-term averages, by applying BAT as described in BAT conclusions. The emis…

Removed:Article 1 – paragraph 1 – point 22, Article 27a – paragraph 3 – point h: deleted

Added:Article 1 – paragraph 1 – point 12, Article 15 – paragraph 3 – subparagraph 2 a (new): If general binding rules are adopted concerning Article 15(3), Member States shall set general binding rules on the strictest achievable emission limit values by applying BAT only for categories of installations within the same sectoral activities that have similar characteristics, and based on an assessment by the Member States analysing the feasibility of meeting the strictest end of the range achievable.

Removed:Article 1 – paragraph 1 – point 22, Article 27b – paragraph 1: Without prejudice to Article 18, the competent authority may grant temporary derogations from the requirements set out in Article 15(2), (3) and (3a) and from the principles set out in Article 11, points (a) and (b), for the testing of innovation techniques, including emerging techniques, identified by INCITE , for a total period of time not exceeding 36 months, subject to additional extensions being granted in the light of the level of technology readiness of the specific technique, provided that, after the period specified, the technique is either no longer used or the activity achieves at least the emission levels associated with the best available techniques.

Added: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 environmental performance limit values that ensure that, under normal operating conditions, such performance limits values do not exceed the environmental performance levels associated with BATs as laid down in the decisions on BAT conclusions referred to in Article 13(5) considering the cross-media effects in installations, including with heterogeneous emissions and industrial emissions.

Removed:Article 1 – paragraph 1 – point 22, Article 27c – paragraph 1: By way of derogation from Article 15(3) and (3a) and Article 21(3), the competent authority may set 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, subject to an additional extension being granted in the light of the technology readiness level of the emerging technique, emissions shall not, under normal operating conditions, exceed emission levels associated with emerging techniques as laid down in the decisions on BAT conclusions.

Added:Article 1 – paragraph 1 – point 12, Article 15 – paragraph 4 – subparagraph 1 – point b: (b) the technical characteristics of the installation concerned, including in the case of an agreed closure plan of the installation, within 4 years of the publication of BAT conclusion.

Removed:Article 1 – paragraph 1 – point 22, Article 27d – paragraph 1 – subparagraph 1: Member States shall require that by 30 June 2030 the operator includes in its environmental management system referred to in Article 14a an indicative transformation plan for each installation carrying out any activity listed in points 1, 2, 3, 4, 6.1 a, and 6.1b of Annex I, an integrated transformation plan for two or more installations as referred to in Article 4 (2), or a consolidated transformation plan at corporate level, for all the undertakings in the group. Where a corporate entity has not developed a consolidated transformation plan at corporate level, the development of transformation plans for each installation shall be mandatory. The transformation plan shall contain non-confidential information on how the corporate entity would transform its installations 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.

Added:Article 1 – paragraph 1 – point 12, Article 15 – paragraph 4 – subparagraph 4: Derogations granted after the transposition of this Directive referred to in this paragraph shall be granted for a maximum of five years and in compliance with the principles set out in Annex II. The competent authority shall aim to prevent pollution and in any case ensure that no significant pollution is caused and that a high level of protection of the environment as a whole is achieved. Derogations shall not be granted, where they may put at risk compliance with environmental quality standards referred to in Article 18.

Removed:Article 1 – paragraph 1 – point 22, Article 27d – paragraph 1 – subparagraph 2 a (new): By way of derogation from the first sub-paragraph, installations that are operated by undertakings covered by [OJ please insert the reference number for 2021/0104(COD)] carrying out any activity listed in Annex I, may use the description of the undertaking’s business model and strategy adopted under Article 19a of Directive 2013/34/EU instead of the consolidated corporate-level transformation plan indicated in the first subparagraph of this paragraph.

Added:Article 1 – paragraph 1 – point 12, Article 15 – paragraph 4 – subparagraph 5: The competent authority shall re-assess whether the derogation granted in accordance with this paragraph is justified every 5 years or as part of each reconsideration of the permit conditions pursuant to Article 21, where such reconsideration occurs earlier than 5 years after the derogation was granted.

Removed:Article 1 – paragraph 1 – point 22, Article 27d – paragraph 2 – subparagraph 1: 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 as set out in paragraph 1 of this Article.

Added:Article 1 – paragraph 1 – point 12, Article 15 – paragraph 4 a (new) – subparagraphs 1 and 2: 4a. By way of derogation from paragraph 3a, and without prejudice to Article 18, the competent authority, in specific cases, may set environmental performance limit values, which are less strict than the mandatory upper end of the range. Such a derogation may apply only where an assessment shows that the achievement of environmental performance limit values with the best available techniques as described in BAT conclusions would lead to disproportionately higher costs compared to the environmental benefits and cross-media effects due to: / (a) the geographical location or local climatic conditions of the installation concerned; or / (b) technical characteristics of the installation concerned, including in a situation of an agreed closure plan of the installation, within 4 years of the publication of the BAT conclusions. / The derogation from water-related environmental performance limit values, referred to in the first subparagraph, shall be conditional upon a robust assessment of a present and future water risk for the installation.

Changed:Article 1 – paragraph 1 – point 22,12, Article 27d15 – paragraph 3:4 3.a The(new) operator– shallsubparagraph make3: aThe summarycompetent ofauthority itsshall transformationdocument planin asan wellannex asto the non-confidential resultspermit ofconditions the assessmentreasons referredfor tothe inapplication paragraphsof 1the andfirst 2subparagraph public,including asthe partresult of the publicationassessment ofand itsthe environmentaljustification managementfor system.the conditions imposed.

Removed:Article 1 – paragraph 1 – point 22, Article 27d – paragraph 4: 4. The Commission shall by 30 June 2028, adopt an implementing act establishing the format for the transformation plans, including the integration of the description of the undertaking’s business model and strategy adopted under Art. 19a of Directive 2013/34/EU. This implementing act shall be adopted in accordance with the examination procedure referred to in Article 75(2).

Added:Article 1 – paragraph 1 – point 12, Article 15 – paragraph 4 a (new) – subparagraph 4: The competent authority shall in any case ensure that no significant environmental impact is caused and that a high level of protection of the environment as a whole is achieved. Derogations shall not be granted where they could put at risk compliance with environmental quality standards referred to in Article 18.

Removed:Article 1 – paragraph 1 – point 22 a (new), Article 27 e (new): (22a) The following Article is inserted: / Article 27e / EU 50 technologies / 1. Member States shall, where appropriate, encourage the development and application of EU-50 technologies as defined in Article 3, (point) (14) (a) new, such as Climate Change Mitigation and Adaptation technologies (CCMA) , that facilitate the achievement of the Union’s strategic objectives by 2030 and 2050. For that purpose, Member States shall ensure that the procedures laid out in Article 5(4a new) - 4c new(7) apply to installations that plan to develop and apply such technologies. / 2. The technologies shall be included in the EU50 Technologies list, approved via implementing act by the Commission, based on the exchange in the forum referred to in Article 13and in accordance with Article 75. / The EU-50 Technologies included on the list shall comply with the following conditions: / (a) the technology makes a concrete important contribution to the Union’s objectives or strategies and has a significant impact on achieving one of the objectives of one of the following: / (i) the European Green Deal, or the Union’s objective to become climate neutral by 2050 the latest; / (ii) the Digital Strategy, the Digital Decade and European Strategy for Data; / (iii) the Raw Materials Act and other priority future projects of the Commission agenda, regarding 2030/2050 objectives; / (iv) the European Health Union; or / (v). the “Fit For 55 package”, namely the 2030 objectives. / (b) the technology is of a tran…

Added:Article 1 – paragraph 1 – point 12, Article 15 – paragraph 4 a (new) – subparagraph 5: The competent authority shall re-assess whether the derogation granted in accordance with this paragraph is justified every 5 years or as part of each reconsideration of the permit conditions pursuant to Article 21, where such reconsideration is carried out earlier than 5 years after the derogation was granted.

Added:Article 1 – paragraph 1 – point 12, Article 15 – paragraph 4 a (new) – subparagraph 5: The Commission shall adopt an implementing act to establish a standardised methodology for assessing the elements referred to in the first subparagraph. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 75(2).

Added:Directive 2010/75/EU

Added:Article 1 – paragraph 1 – point 12, Article 15 – paragraph 4 b (new): 4b. Without prejudice to Article 18, by way of derogation from paragraphs 3 and 3a, the competent authority may, in cases where an installation faces a persistent interruption in the supply of raw materials or fuels or a disruption of abatement technique’s elements due to force majeure, establish less strict emission limit values and environmental performance levels, for a maximum of 3 months, which may be extended by 3 months where the extraordinary circumstances as referred to in this paragraph persist, subject to a simplified assessment justifying the reasons and period for this temporary adjustment. As soon as the supply or abatement conditions are restored, the Member State shall ensure that this derogation ceases to have effect. / Member States shall inform the Commission of any derogation granted under the extraordinary circumstances as referred to in the first subparagraph. / The Commission shall assess whether the use of the derogation clause is justified having due regard to the criteria set in this subparagraph. If the Commission raises objections, the Member States shall, without delay, revise the derogation provided accordingly. As soon as the supply conditions are restored then the derogation shall cease to apply.

Added:Directive 2010/75/EU

Removed:Article 1 – paragraph 1 – point 23, Article 42 – paragraph 1 – subparagraph 2 – point b a (new): (ba) the incineration, if situated in or near to a residential area, does not cause olfactory pollution

Added:Article 1 – paragraph 1 – point 23 a (new), Article 42 – paragraph 2 a (new): (23a) In Article 42, the following paragraph is added: / 2a. Plants referred to in paragraph 2, point (b), shall report to the competent authorities data on total waste incinerated, including quantities and characteristics of hazardous waste referred to in Article 45(2), point (b), emissions into air and water, pH, temperature and flow of waste water discharges.

Removed:Article 1 – paragraph 1 – point 23 a (new), Article 45 – paragraph 1 – point c: (23a) In Article 45(1), point c is replaced as follows: / (c) the limit values for emissions into air and water, including olfactory pollution;

Added:Article 1 – paragraph 1 – point 23 b (new), Article 50 – paragraph 2 a (new): (23b) In Article 50, paragraph 2a (new) is inserted: / 2a. Emissions to air from waste incineration and co-incineration plants shall also be monitored during other than normal operating conditions (OTNOC), particularly emissions of PCDD/F and dioxin-like PCBs during start-up and shut-down operations. The incineration and co-incineration plants shall prevent emissions of PCDD/F and dioxin like-PCBs during all operating times, including OTNOC, inter alia by ensuring that the flue gas cleaning system is in full operation prior to waste feed.

Added: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: This Chapter shall apply to the activities set out in Annex Ia which reach the capacity thresholds set out in that Annex, including adjacent micro installations that produce biogases for self-consumption.

Added:Article 1 – paragraph 1 – point 23 c (new), Article 55 – paragraph 2: (23c) In Article 55, paragraph 2 is replaced by the following: / 2. For waste incineration plants or waste co-incineration plants with a nominal capacity of 2 tonnes or more per hour, the report referred to in Article 72 shall include information on the functioning and monitoring of the plant and give account of the running of the incineration or co-incineration process and the level of emissions into air and water in comparison with the emission limit values. This should include emissions data given in gross values and original laboratory analysis reports. That information shall be made available to the public.

Removed:Article 1 – paragraph 1 – point 25, Article 70b – paragraph 1: If two or more installations, engaged in identical types of rearing activities, 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, except where the existence of separate neighbouring installations is the result of a division of an inherited family farm, the installations concerned shall be considered as single unit for the purpose of calculating the capacity threshold referred to in Article 70a.

Added:Article 1 – paragraph 1 – point 23 d (new), Article 58 – paragraph 1: (23d) In Article 58, paragraph 1 is replaced by the following: / Substances or mixtures which, because of their content of volatile organic compounds carcinogens, mutagens, or toxic to reproduction under Regulation (EC) No 1272/2008, are assigned or need to carry the hazard statements H340, H350, H350i, H360D or H360F, or which are classified as persistent, bio accumulative and toxic or endocrine disrupting under Regulation (EC) No 1272/2008 shall be replaced, as far as possible by less harmful substances or mixtures within the shortest possible time.

Removed:Article 1 – paragraph 1 – point 25, Article 70c – paragraph 2 – point d: (d) the sources of emissions from the installation, including adjacent micro installations that produce biogases for self-consumption

Added:Article 1 – paragraph 1 – point 23 e (new), Article 63 – paragraph 2: (23e) In Article 63, paragraph 2 is replaced by the following: / "2. Where an existing installation undergoes a substantial change, or falls within the scope of this Directive for the first time following a substantial change, that part of the installation which undergoes the substantial change shall be treated as a new installation."

Removed:Article 1 – paragraph 1 – point 25, Article 70i – paragraph 1 – subparagraph 2: The operating rules shall take into account inter alia the nature, type, size and density of these installations, their animal welfare policies, the specificities of pasture based cattle rearing systems, where animals are only seasonally reared in indoor installations and other aspects of sustainable animal rearing.

Added:Article 1 – paragraph 1 – point 23 f (new), Article 64 – paragraph 2 – point d a) (new): (23f) In Article 64, paragraph 2, the following point is added: / (da) the barriers to recycling and reuse of organic solvents and ways to remove these barriers.

Removed:Article 1 – paragraph 1 – point 26, Article 73 – paragraph 1 – subparagraph 1: 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, emerging and enabling techniques, including EU 50 technologies, and the review referred to in Article 8 of Directive 2003/87/EC.

Added:Article 1 – paragraph 1 – point 23 g (new), Article 70 – paragraph 3: (23g) In Article 70, the third paragraph is replaced by the following: / "3. Monitoring shall be carried out in accordance with CEN standards or, if CEN standards are not available, ISO, national or other international standards which ensure the provision of data of an equivalent scientific quality. This applies also to the quality assurance system of the laboratory performing the monitoring. "

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 power 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

Added:Article 1 – paragraph 1 – point 25, Article 70b – paragraph 1: Member States shall adopt measures to ensure that if two or more installations, engaged in rearing activities, 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 installations concerned shall be considered as a single unit for the purpose of calculating the capacity threshold referred to in Article 70a. Member States shall ensure that this rule is not used to circumvent the obligations set out in this directive. By ... [the first day of 24 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.

Added:Directive 2010/75/EU

Changed:Article 1 – paragraph 1 – point 27, Article 74 – paragraph 2 a (new): 2a. In order for the objectives of this Directive regarding prevention or reduction of pollutant emissions from extractive industry, to be met, the Commission shall, based on an impact assessment, byBy [OP please insert date the first day of the month following 24 months after the date of entry into force of this Directive] the Commission shall, based on an impact assessment, adopt a delegated act in accordance with Article 76 in order to amend Annexpoint I3.6. toof thisAnnex DirectiveI by adding an exhaustive list of extraction and treatment processes for the non-energy industrial minerals ofbarite, abentonite, highdiatomite, orfeldspar, fluorspar, graphite, kaolin, magnesite, perlite, potash, salt, sulphur and talc, where the extraction and treatment processes for such minerals have a significant environmental impact.impact regarding emissions and/or consumption of water and energy with the relevant thresholds.

Changed:Article 1 – paragraph 1 – point 29,27, Article 7674 – paragraph 2: 2. The power to adopt delegated acts referred to in Articles 48(5), Article 70i and Article 74 shall be conferred on the Commission for a period of2 5b years(new): from2b. …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]. 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 extendedDirective] forand periodsbased ofon an identical duration, unless the European Parliament or the Council opposes such extension not later than three monthsimpact beforeassessment, the end of each period. The powerCommission tomay adopt thea delegated acts referred toact in Article 74(2aaccordance -with new)Article shall76 bein conferredorder onto theamend Commissionpoint for3.6. aof periodAnnex ofI 3by yearsadding fromnon-energy ...minerals [OPnewly pleasediscovered insertin the dateUnion, =if thetheir firstextraction dayand oftreatment thehave montha followingsignificant theenvironmental dateimpact ofregarding entryemissions intoand/or forceconsumption of thiswater Directive].and energy.

Removed:Article 1 – paragraph 1 – point 31, Article 79 – paragraph 2: 2. The penalties referred to in paragraph 1 shall include fines proportionate to the nature and gravity of the violation and the turnover of the legal person in the Member State, in which the relevant installation is based, 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 4 % of the operator’s annual turnover in the Member State concerned.

Added: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.

Removed:Article 1 – paragraph 1 – point 31, Article 79 – paragraph 3 a (new): 3a. Member States shall ensure that funding from penalties is used, as a matter of priority, to compensate for damage caused to local communities, including compensation for the social consequences of ending economic activities, due to permit violations.

Added:Article 1 – paragraph 1 – point 31, Article 79 – paragraph 2: 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 4 % of the operator’s annual turnover in the financial year preceding the year in which the fine is imposed in the Union.

Removed:Article 1 – paragraph 1 – point 32, Article 79a – paragraph 1: 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. Where a violation could be attributed to a failure of the competent authorities to perform their duties under the Directive, either in the process of granting of permits or adequate control, the individual affected shall also have the opportunity to claim and obtain compensation from the relevant competent authorities responsible for the violation, without prejudice to regress rights of the authorities against the operator.

Added:Article 1 – paragraph 1 – point 31, Article 79 – paragraph 3 – point c: (c) the population or the environment affected by the violation, bearing in mind the impact of the infringement on the objective of achieving a high level of protection of human health and the environment, including the reversibility of any damage caused as a result of the violation and the length of time necessary for such damage to be reversed.

Removed:Article 1 – paragraph 1 – point 32, Article 79a – paragraph 2: 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, if and to the extent that, the individuals affected have explicitly consented to that legal representation. 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 non-governmental organisations referred to in this paragraph.

Added:Article 1 – paragraph 1 – point 31, Article 79 – paragraph 3 – point c a (new): (ca) relevant previous violations by the operator or by the installation.

Changed:Article 1 – paragraph 1 – point 32,31, Article 79a79 – paragraph 3:3 3.a (new): 3a. Member States shall ensure that nationalrevenue rulesfrom andpenalties proceduresis relatingused, toas claimsa formatter compensationof arepriority, designedto andcompensate appliedfor inharm suchcaused ato waylocal thatcommunities, theyincluding dofor notthe rendersocial impossibleconsequences orof excessivelyending difficulteconomic theactivities, exercisedue ofto thepermit rightviolations. Without prejudice to compensationArticle for79a, damagerevenues causedraised byfrom apenalties violationshall pursuantnot tobe paragraph,used whilstfor protectingthe defendantspurpose fromof maliciousArticle litigation.79a.

Removed: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 clear scientific data, stating that a causality link between the damage and the violation is typically consistent, Member States shall ensure that such data are recognised both in substantive and procedural law as evidence. Member States may, therefore, include presumptions, establishing the casuality link between different types of pollution and respective health conditions in their national law. Such presumptions in national law shall be capable of reversing the burden of proof. Alternatively, Member States may decide on other ways to guarantee that scientific data on casuality links are duly respected by national courts as prima facie evidence. They shall also grant the person responsible for the violation the legal right to prove that the violation did not cause or only partially contributed to the damage.

Added:Article 1 – paragraph 1 – point 31, Article 79 – paragraph 3 b (new): 3b. The Commission shall monitor the implementation by Member States of the penalties referred to in this paragraph and, in the event of obvious disparities between the penalty regimes of the Member States, shall, where appropriate, adopt guidelines.

Changed:Article 1 – paragraph 1 – point 32, Article 79a – paragraph 5:1: 5.1. Member States shall ensure that the limitation periods forthat, bringingwhere actionsdamage forto compensationhuman referredhealth tohas inoccurred paragraphas 1a areresult notof shortera thanviolation 5of years.national Suchmeasures periodsthat shallwere notadopted beginpursuant to runthis beforeDirective, the violation has ceased and theindividuals personaffected claiminghave the compensation knows or can reasonably be expectedright to knowclaim thatand heobtain orcompensation shefor sufferedthat damage from a violation pursuant to paragraph 1. Where therethe arerelevant newnatural scientificor datalegal thatpersons demonstrateresponsible for the first time a typicalviolation, causalityincluding, linkwhere betweenappropriate, afrom violationthe ofrelevant acompetent permitauthorities underwhere thisthe Directivedecision, andact negativeor healthomission conditions,of the limitationauthority periodcaused shallor begincontributed afterto the release of those relevant scientific data.damage.

Removed:Article 3 a (new): Article 3a / Articles 14a, 15(3), 15(3a) of Directive 2010/75/EU shall apply to permits granted after the first set of BAT conclusions relating to those provisions is adopted after the end date for transposition of this Directive, and to existing permits where those permits are required to be reconsidered or updated, in accordance with Article 21 (3) and (5), after the end date for transposition.

Removed:Article 3 b (new): Article 3b / Concerning activities, that are added to the scope of Directive 2010/75/EU after the end date for transposition, the provisions of the Directive shall apply after the adoption of the first relevant BAT Conclusions after the end date for transposition.

Removed:Annex I – paragraph 1 – point c, Annex 1 – point 2 – point 2.7: 2.7. Manufacture of lithium-ion batteries (excluding assembling battery cells and battery packs), with a production capacity of 3,5 GWh or more per year.;

Added: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, including relevant scientific data, from which it may be presumed that the violation has caused or contributed to the damage, Member States shall grant the person responsible for the violation the legal right to rebut the presumption.

Removed:Annex I – paragraph 1 – point e, Annex 1 – point 3 – point 3.6: 3.6. Extraction processes for non-energy minerals that have a high or significant environmental impact, such as extraction through chemical processing, based on an exhaustive list to be established by the Commission by means of delegated acts.

Added:Article 1 – paragraph 1 – point 32, Article 79a – paragraph 4 a (new): 4a. Member States shall ensure that, where the claimant has provided reasonably available evidence to support a claim for compensation in accordance with paragraph 1, and has reasonably substantiated that additional evidence lies in the control of the defendant or a third party, if requested by the claimant, the court or administrative authority is able to order that such evidence be disclosed by the defendant or the third party in accordance with national procedural law, subject to the applicable Union and national rules on confidentiality and proportionality.

Removed:Annexe 1 – point 3 – point 3.6 – point a

Added:Article 1 – paragraph 1 – point 32, Article 79a – paragraph 5 a (new): 5a. For the purpose of this article, ‘relevant scientific data’ means statistical, epidemiological and other data demonstrating a statistically robust causal relationship between certain types of pollution and certain health conditions.

Removed:Annex I – paragraph 1 – point e: deleted

Removed:Annexe 1 – point 3 – point 3.6 – point b

Added:Article 1 – paragraph 1 – point 32, Article 79a – paragraph 5 b (new): 5b. Member States shall submit relevant scientific data on the causality links between certain types of pollution and certain health conditions to the European Environmental Agency. The Agency shall incorporate the data after initial scrutiny of the scientific reliability of the sources into the Industrial Emission Portal established under Regulation (EU) ..../... (COM(2022)0157 – C9-0145/2022 – 2022/0105(COD)).

Removed:Annex I – paragraph 1 – point e: deleted

Removed:Article 1 – paragraph 1 – point e a (new), Annex I – point 4 – point 4.2 – point a: (ea) In Annex I, point 4.2, point (a) is replaced as follows: / (a) gases , such as ammonia, chlorine or hydrogen chloride, fluorine or hydrogen fluoride, carbon oxides, sulphur compounds, nitrogen oxides, hydrogen, except hydrogen from plants using water electrolysis technologies below 18 tonnes per hour or 50 MW rated thermal input, sulphur dioxide, carbonyl chloride;

Added:Annex I – paragraph 1 – point -a (new), Annex I – point 1.2 a (new): (-a) In Annex I, paragraph 3, point 1.2 a is inserted: / 1.2a Onshore oil and fossil gas upstream exploration and production, fossil gas gathering and processing

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

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

Added:Annex I – paragraph 1 – point -a a (new), Annex I point 1.2 b (new): (-a a) In Annex I, paragraph 3, point 1.2 b is inserted: / 1.2b Offshore oil and fossil gas upstream exploration and production

Removed:Annex II, Annex Ia – point 2: 2. Rearing of any mix of the following animals: cattle, pigs, poultry, in installations of 300 LSU or more, excluding rearing carried out in the context of small scale extensive farming, small scale family farming and organic farming as defined in this Directive.

Added:Annex I – paragraph 1 – point b, Annex I – point 2.3 – point b: (b) operation of smitheries with hammers the energy of which exceeds 50 kilojoule per hammer;

Added: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

Added:Directive 2010/75/EU

Added:29.3.2023