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

Removed: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:Directive 2010/75/EU

Removed: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:Directive 2010/75/EU

Removed: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:Directive 2010/75/EU

Removed: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:Directive 2010/75/EU

Removed: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:Directive 2010/75/EU

Removed: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:Directive 2010/75/EU

Removed: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:Directive 2010/75/EU

Removed: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:Directive 2010/75/EU

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, as referred to in Article 3 and Article 15 (3a);

Removed:Directive 2010/75/EU

Removed: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:Directive 2010/75/EU

Removed: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:Directive 2010/75/EU

Removed: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:Directive 2010/75/EU

Removed: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:Directive 2010/75/EU

Removed: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:Directive 2010/75/EU

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 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:Directive 2010/75/EU

Removed: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:Directive 2010/75/EU

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

Removed:Directive 2010/75/EU

Removed: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:Directive 2010/75/EU

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 and an analysis of the possibilities to substitute them with safer alternatives;

Removed:Directive 2010/75/EU

Removed: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.

Removed:Directive 2010/75/EU

Removed:Article 1 – paragraph 1 – point 11, Article 14a – paragraph 3: 3. The EMS of an installation shall be made available on the Internet, free of charge and without restricting access to registered users in accordance with Article 4a of this Directive.

Removed:Directive 2010/75/EU

Removed: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:Directive 2010/75/EU

Removed: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:Directive 2010/75/EU

Removed: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:Directive 2010/75/EU

Removed: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:Directive 2010/75/EU

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 shall set indicative environmental performance 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) taking into consideration the cross-media effects in installations, including with heterogeneous emissions and industrial emissions.

Removed:Directive 2010/75/EU

Removed: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:Directive 2010/75/EU

Removed: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:Directive 2010/75/EU

Removed: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:Directive 2010/75/EU

Removed: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.

Removed:Directive 2010/75/EU