What changed between the adopted text of 11 Jul 2023 and the adopted text of 12 Mar 2024

Removed:Recital 35: (35) The implementation of Directive 2010/75/EU has shown divergent applications across Member States concerning the coverage of installations for the manufacturing of ceramic products by firing, because the wording of the definition of this activity allowed Member States to decide whether to apply both or only one of the two criteria on production capacity and kiln capacity. With a view to ensuring a more consistent implementation of that Directive, as well as compliance with Directive 2003/87/EC and securing a level-playing field throughout the Union, clear and unambiguous criteria for the inclusion of industrial-scale manufacturing of ceramic products by firing within the scope of Directive 2010/75/EU should be laid down. Such criteria should correspond to the criteria laid down in Directive 2003/87/EC.

Removed:Recital 36: (36) When setting emission limit values for polluting substances, the competent authority should consider all substances, including substances of emerging concern and olfactory pollution, which may be emitted from the concerned installation to air, soil, surface and ground water and may have a significant impact on the environment or human health. In doing so, the hazard characteristics, quantity and nature of the substances emitted and their potential to pollute any environmental media should be considered as well as seasonal environmental fluctuations, which should be also taken into account. The BAT conclusions, where relevant, are the reference point for selecting the substances for which emission limit values are to be set, although the competent authority may decide to select additional substances. Currently, individual polluting substances are listed in a non-exhaustive way in Annex II to Directive 2010/75/EU; which is not compatible with the holistic approach of that Directive and does not reflect the need for competent authorities to take into account all relevant polluting substances, including those of emerging concern. The non-exhaustive list of polluting substances should therefore be deleted. Instead, reference should be made to the list of pollutants in Annex II to Regulation (EC) No 166/200679.

Removed:Recital 37: (37) Although landfills are included within the scope of Directive 2010/75/EU, no BAT conclusions exist for landfills since that activity falls within the scope of Council Directive 1999/31/EC80 and the requirements of the latter Directive are deemed to constitute BAT. Due to the technical developments and innovation that have taken place since the adoption of Directive 1999/31/EC, more effective techniques for protecting human health and the environment are now available. The adoption of BAT conclusions under Directive 2010/75/EU would allow addressing the key environmental issues related to the operation of waste landfills, including significant emissions of methane. Directive 1999/31/EC should therefore allow for the adoption of BAT conclusions on landfills under Directive 2010/75/EU. Directives 2010/75/EU and 1999/31/EC should therefore be amended accordingly.

Removed:Recital 38: deleted

Removed:Recital 38 a (new): (38a) The procedures under Directive 2010/75/EU, including BAT preparation and national permit procedures, are considered by the industries concerned to be too lengthy and cause uncertainty for the public concerned, which is, to a large extent, due to insufficient administrative capacity. In this respect, the considerable extension of the scope of Directive 2010/75/EU represents a further challenge for the Commission, the Forum under Article 13 and, especially, for the national competent authorities. The Commission should present an action plan for enhancing administrative capacity at Union and national level, thus enabling the acceleration of procedures provided for under the Directive, in particular for enabling technologies. The Commission should, furthermore, provide technical assistance to the Member States in complying with the new legislative and technical procedures, such as by means of a uniform digital tool for applying for permits.

Removed:Recital 38 b (new): (38b) From the entry into force of this amending act, Member States should take adequate measures to ensure that the competent authorities are able to handle the increased workload related to implementing Directive 2010/75/EU as amended by this Directive and ensure a swift efficient and smooth permitting process, in particular, in the case of fast-track permits for installations applying emerging techniques, thus, reducing the uncertainty for businesses to a minimum and supporting transformation towards a clean, circular and climate-neutral industry, while safeguarding the health and rights of the public concerned.

Removed:Recital 41 a (new): (41a) Combustion plants that are part of small isolated systems, specifically those located in the outermost regions, may, due to their geographical location and lack of interconnection to the mainland grid of Member States or the grid of another Member State, face special challenges requiring more time to comply with the obligations set out in Directive 2010/75/EU. The Member States concerned should establish a plan for compliance covering combustion plants being part of a small isolated system that sets out the measures taken by the Member State to ensure compliance with the emission limit values at the latest by 31 December 2029. The plan should describe the measures taken to ensure compliance, apply the best available techniques as applicable and measures to minimise the magnitude and duration of the pollutant emissions during the period covered by the plan and include information on demand management measures and possibilities for switching to cleaner alternatives such as the deployment of renewables and interconnection with the mainland grids or the grid of another Member State. Member States concerned should communicate their Compliance Plan to the Commission. Member States should update the plan in case the Commission raises objections. Member States concerned should report annually on progress towards compliance.

Removed:Directive 2010/75/EU

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

Removed:Directive 2010/75/EU

Removed: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:Directive 2010/75/EU

Removed: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:Directive 2010/75/EU

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

Removed:Directive 2010/75/EU

Removed: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:Directive 2010/75/EU

Removed: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:Directive 2010/75/EU

Removed: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:Directive 2010/75/EU

Removed: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:Directive 2010/75/EU

Removed: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:Directive 2010/75/EU

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, 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;

Removed:Directive 2010/75/EU

Removed:Article 1 – paragraph 1 – point 3 – point c, Article 3 – paragraph 1 – point 13a: (13a) ‘environmental performance levels associated with the best available techniques’ means the binding range of environmental performance levels for installations within the same sectoral activities and having similar characteristics, such as energy carriers, raw materials, production units and final products, when the data made available in the exchange of information supporting the determination of BAT are sufficiently robust across the Union, which shall include consumption and resource efficiency levels, for BAT Conclusions following the first conclusion after [insert the end date for transposition of this amending Directive], reuse levels for water, energy, and raw materials, except emission levels, obtained under normal operating conditions using a BAT or a combination of BATs as described in BAT conclusions, expressed as an average over a given period of time, under specified reference conditions;

Removed:Directive 2010/75/EU

Removed: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;

Removed:Directive 2010/75/EU

Removed:Article 1 – paragraph 1 – point 3 – point c b (new), Article 3 – paragraph 1 – point 13 a b (new): (cb) the following point is inserted: / (13ab) "Urban Waste Water Treatment Plant" means a waste water treatment plant covered by Directive 91/271/EEC;

Removed:Directive 2010/75/EU

Removed: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:Directive 2010/75/EU

Removed: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:Directive 2010/75/EU

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

Removed:Directive 2010/75/EU

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

Removed:Directive 2010/75/EU

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

Removed:Directive 2010/75/EU

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

Removed:Directive 2010/75/EU

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

Removed:Directive 2010/75/EU

Removed: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:Directive 2010/75/EU

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 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:Directive 2010/75/EU

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

Removed:Directive 2010/75/EU

Removed: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:Directive 2010/75/EU

Removed:Article 1 – paragraph 1 – point 3 – point f, Article 3 – paragraph 1 – point 53 – point f: (e) waste and other levels obtained under specified reference conditions as described in BAT conclusions, expressed as an average over a given period of time.

Removed:Directive 2010/75/EU

Removed: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;

Removed:Directive 2010/75/EU