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amendment list, 20 July 2026

Amending Directives 2008/98/EC, 2010/75/EU, (EU) 2015/2193 and (EU) 2024/1785 of the European Parliament and of the Council as regards simplification of some requirements and reduction of administrative burden

Document ENVI-AM-790834 · (COM(2025)0986 – C10-0336/2025 – 2025/0394(COD))

Committee on the Environment, Climate and Food Safety

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Amendment 57

Anja Hazekamp

Proposal for a directive

Citation 6 a (new)

Text proposed by the CommissionAmendment
The European Parliament rejects the Commission proposal.

Or. en

Amendment 58

Martin Günther, Sebastian Everding, Per Clausen

Proposal for a directive

Recital 1

Text proposed by the CommissionAmendment
(1) The political guidelines for the Commission’s 2024-2029 term3 , point to the goal of boosting competitiveness, simplifying, consolidating and codifying legislation to eliminate any overlaps and contradictions while maintaining high standards and staying the course on the goals set out in the European Green Deal4.deleted
3 Europe’s Choice, Political Guidelines for the next European Commission 2024−2029, Ursula von der Leyen.
4 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions of 11 December 2019, ‘The European Green Deal’, COM/2019/640 final.

Or. en

Read the rest (1,609 paragraphs)

Amendment 59

Jutta Paulus

Proposal for a directive

Recital 1

Text proposed by the CommissionAmendment
(1) The political guidelines for the Commission’s 2024-2029 term3 , point to the goal of boosting competitiveness, simplifying, consolidating and codifying legislation to eliminate any overlaps and contradictions while maintaining high standards and staying the course on the goals set out in the European Green Deal4 .(1) The political guidelines for the Commission’s 2024-2029 term3 , point to the goal of boosting competitiveness, simplifying, consolidating and codifying legislation to eliminate any overlaps and contradictions while maintaining high standards and staying the course on the goals set out in the European Green Deal4 . The guidelines also affirm the need to focus on the implementation of the existing legal framework for 2030 and to support companies to reach the established goals.
3 Europe’s Choice, Political Guidelines for the next European Commission 2024−2029, Ursula von der Leyen.3 Europe’s Choice, Political Guidelines for the next European Commission 2024−2029, Ursula von der Leyen.
4 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions of 11 December 2019, ‘The European Green Deal’, COM/2019/640 final.4 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions of 11 December 2019, ‘The European Green Deal’, COM/2019/640 final.

Or. en

Amendment 60

Anne-Sophie Frigout, Valérie Deloge, Antonín Staněk, Gilles Pennelle, Mathilde Androuët, Ondřej Knotek, Jana Nagyová

Proposal for a directive

Recital 1

Text proposed by the CommissionAmendment
(1) The political guidelines for the Commission’s 2024-2029 term3, point to the goal of boosting competitiveness, simplifying, consolidating and codifying legislation to eliminate any overlaps and contradictions while maintaining high standards and staying the course on the goals set out in the European Green Deal4.(1) The political guidelines for the Commission’s 2024-2029 term3, point to the goal of boosting competitiveness, simplifying, consolidating and codifying legislation to eliminate any overlaps and contradictions while maintaining high standards.
3 Europe’s Choice, Political Guidelines for the next European Commission 2024−2029, Ursula von der Leyen.3 Europe’s Choice, Political Guidelines for the next European Commission 2024−2029, Ursula von der Leyen.
4 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions of 11 December 2019, ‘The European Green Deal’, COM/2019/640 final.

Or. fr

Amendment 61

Martin Günther, Sebastian Everding, Per Clausen

Proposal for a directive

Recital 2

Text proposed by the CommissionAmendment
(2) In response to the 2024 Draghi report5 which points to regulatory obstacles and the regulatory administrative burden as one of the key challenges, notably for small and medium sized enterprises (SMEs), the Competitiveness Compass6 identifies a set of horizontal enablers to underpin competitiveness including simplifying regulatory environment, reducing burden and favouring speed and flexibility.deleted
5 Draghi, M. (2024) The future of European competitiveness. Available at: The Draghi report on EU competitiveness.
6 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 29 January 2025, A competitiveness Compass for the EU, COM(2025) final.

Or. en

Amendment 62

Jutta Paulus

Proposal for a directive

Recital 2

Text proposed by the CommissionAmendment
(2) In response to the 2024 Draghi report5 which points to regulatory obstacles and the regulatory administrative burden as one of the key challenges, notably for small and medium sized enterprises (SMEs), the Competitiveness Compass6 identifies a set of horizontal enablers to underpin competitiveness including simplifying regulatory environment, reducing burden and favouring speed and flexibility.(2) In response to the 2024 Draghi report5 which points to regulatory obstacles and the regulatory administrative burden as one of the key challenges, notably for small and medium sized enterprises (SMEs), the Competitiveness Compass6 identifies a set of horizontal enablers to underpin competitiveness including simplifying regulatory environment, reducing burden and favouring speed and flexibility. Regulatory stability is also a key enabler of competitiveness, as it reduces investment uncertainty, unlocks long-term capital, and lowers compliance costs.
5 Draghi, M. (2024) The future of European competitiveness. Available at: The Draghi report on EU competitiveness.5 Draghi, M. (2024) The future of European competitiveness. Available at: The Draghi report on EU competitiveness.
6 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 29 January 2025, A competitiveness Compass for the EU, COM(2025) final.6 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 29 January 2025, A competitiveness Compass for the EU, COM(2025) final.

Or. en

Amendment 63

Martin Günther, Sebastian Everding, Per Clausen

Proposal for a directive

Recital 3

Text proposed by the CommissionAmendment
(3) In its Communication of 11 February 2025 entitled ‘A simpler and faster Europe: Communication on implementation and simplification’,7 the European Commission set out a vision for an implementation and simplification agenda that delivers fast and visible improvements for people and businesses on the ground. That requires more than an incremental approach and the Union is to take bold action to achieve that goal. The Commission, the European Parliament, the Council, Member States’ authorities at all levels and stakeholders need to work together to streamline and simplify Union, national and regional rules and implement policies more effectively.deleted
7 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 11 February 2025, ‘A simpler and faster Europe: Communication on implementation and simplification’, COM/2025/47 final.

Or. en

Amendment 64

Martin Günther, Sebastian Everding, Per Clausen

Proposal for a directive

Recital 4

Text proposed by the CommissionAmendment
(4) In the context of the Commission’s commitment to reduce reporting burdens and compliance costs, advance interoperability, and enhance competitiveness, it is necessary to adapt certain provisions in Directives 2008/98/EC8 , 2010/75/EU9 , (EU) 2015/219310 and (EU) 2024/178511 of the European Parliament and of the Council whilst maintaining the policy objectives of the European Green Deal, and the Sustainable Finance Action Plan12 .deleted
8 Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3, ELI: http://data.europa.eu/eli/dir/2008/98/oj).
9 Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (OJ L 334, 17.12.2010, p. 17, ELI: http://data.europa.eu/eli/dir/2010/75/oj).
10 Directive (EU) 2015/2193 of the European Parliament and of the Council of 25 November 2015 on the limitation of emissions of certain pollutants into the air from medium combustion plants (OJ L 313, 28.11.2015, p.1, ELI: http://data.europa.eu/eli/dir/2015/2193/oj).
11 Directive (EU) 2024/1785 of the European Parliament and of the Council of 24 April 2024 amending Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions (integrated pollution prevention and control) and Council Directive 1999/31/EC on the landfill of waste (OJ L, 2024/1785, 15.7.2024, ELI: http://data.europa.eu/eli/dir/2024/1785/oj).
12 Communication from the Commission to the European Parliament, the European Council, the Council, the European Central Bank, the European Economic and Social Committee and the Committee of the Regions of 8 March 2018, ‘Action Plan: Financing Sustainable Growth’, COM/2018/097 final.

Or. en

Amendment 65

Jutta Paulus

Proposal for a directive

Recital 4

Text proposed by the CommissionAmendment
(4) In the context of the Commission’s commitment to reduce reporting burdens and compliance costs, advance interoperability, and enhance competitiveness, it is necessary to adapt certain provisions in Directives 2008/98/EC8 , 2010/75/EU9 , (EU) 2015/219310 and (EU) 2024/178511 of the European Parliament and of the Council whilst maintaining the policy objectives of the European Green Deal, and the Sustainable Finance Action Plan12 .(4) In the context of the Commission’s commitment to reduce reporting burdens and compliance costs, advance interoperability, and enhance competitiveness, the Commission finds it necessary to adapt certain provisions in Directives 2008/98/EC8 , 2010/75/EU9 , (EU) 2015/219310 and (EU) 2024/178511 of the European Parliament and of the Council in spite of the fact that those Directives have been only recently updated and that some of the to-be-adapted provisions have not been implemented and have not proven their effectiveness yet. In the absence of an impact assessment underpinning the present proposal, it is not possible to determine whether the proposed adaptations would maintain the policy objectives of the European Green Deal, and the Sustainable Finance Action Plan12 , how their cost-benefit ratio has evolved compared to the analysis included in past impact assessments, and how they compare with alternative options, which may include improved enforcement and compliance. The present proposal does not conform with the recent Ombudswoman’s recommendation stressing that the Better Regulation agenda foresees transparent, evidence-based and inclusive preparation of legislative proposals, including of ‘urgent’ ones, as well as documented consistency checks of the proposals with the Union’s climate goals12a.
8 Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3, ELI: http://data.europa.eu/eli/dir/2008/98/oj).8 Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3, ELI: http://data.europa.eu/eli/dir/2008/98/oj).
9 Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (OJ L 334, 17.12.2010, p. 17, ELI: http://data.europa.eu/eli/dir/2010/75/oj).9 Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (OJ L 334, 17.12.2010, p. 17, ELI: http://data.europa.eu/eli/dir/2010/75/oj).
10 Directive (EU) 2015/2193 of the European Parliament and of the Council of 25 November 2015 on the limitation of emissions of certain pollutants into the air from medium combustion plants (OJ L 313, 28.11.2015, p.1, ELI: http://data.europa.eu/eli/dir/2015/2193/oj).10 Directive (EU) 2015/2193 of the European Parliament and of the Council of 25 November 2015 on the limitation of emissions of certain pollutants into the air from medium combustion plants (OJ L 313, 28.11.2015, p.1, ELI: http://data.europa.eu/eli/dir/2015/2193/oj).
11 Directive (EU) 2024/1785 of the European Parliament and of the Council of 24 April 2024 amending Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions (integrated pollution prevention and control) and Council Directive 1999/31/EC on the landfill of waste (OJ L, 2024/1785, 15.7.2024, ELI: http://data.europa.eu/eli/dir/2024/1785/oj).11 Directive (EU) 2024/1785 of the European Parliament and of the Council of 24 April 2024 amending Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions (integrated pollution prevention and control) and Council Directive 1999/31/EC on the landfill of waste (OJ L, 2024/1785, 15.7.2024, ELI: http://data.europa.eu/eli/dir/2024/1785/oj).
12 Communication from the Commission to the European Parliament, the European Council, the Council, the European Central Bank, the European Economic and Social Committee and the Committee of the Regions of 8 March 2018, ‘Action Plan: Financing Sustainable Growth’, COM/2018/097 final.12 Communication from the Commission to the European Parliament, the European Council, the Council, the European Central Bank, the European Economic and Social Committee and the Committee of the Regions of 8 March 2018, ‘Action Plan: Financing Sustainable Growth’, COM/2018/097 final.

Or. en

Amendment 66

Anne-Sophie Frigout, Valérie Deloge, Gilles Pennelle, Mathilde Androuët, Ondřej Knotek, Jana Nagyová, Antonín Staněk

Proposal for a directive

Recital 4

Text proposed by the CommissionAmendment
(4) In the context of the Commission’s commitment to reduce reporting burdens and compliance costs, advance interoperability, and enhance competitiveness, it is necessary to adapt certain provisions in Directives 2008/98/EC8, 2010/75/EU9, (EU) 2015/219310 and (EU) 2024/178511 of the European Parliament and of the Council whilst maintaining the policy objectives of the European Green Deal, and the Sustainable Finance Action Plan12.(4) In the context of the Commission’s commitment to reduce reporting burdens and compliance costs, advance interoperability, and enhance competitiveness, it is necessary to adapt certain provisions in Directives 2008/98/EC8, 2010/75/EU9, (EU) 2015/219310 and (EU) 2024/178511 of the European Parliament and of the Council.
8 Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3, ELI: http://data.europa.eu/eli/dir/2008/98/oj).8 Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3, ELI: http://data.europa.eu/eli/dir/2008/98/oj).
9 Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (OJ L 334, 17.12.2010, p. 17, ELI: http://data.europa.eu/eli/dir/2010/75/oj).9 Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (OJ L 334, 17.12.2010, p. 17, ELI: http://data.europa.eu/eli/dir/2010/75/oj).
10 Directive (EU) 2015/2193 of the European Parliament and of the Council of 25 November 2015 on the limitation of emissions of certain pollutants into the air from medium combustion plants (OJ L 313, 28.11.2015, p.1, ELI:10 Directive (EU) 2015/2193 of the European Parliament and of the Council of 25 November 2015 on the limitation of emissions of certain pollutants into the air from medium combustion plants (OJ L 313, 28.11.2015, p.1, ELI: http://data.europa.eu/eli/dir/2015/2193/oj).
11 Directive (EU) 2024/1785 of the European Parliament and of the Council of 24 April 2024 amending Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions (integrated pollution prevention and control) and Council Directive 1999/31/EC on the landfill of waste (OJ L, 2024/1785, 15.7.2024, ELI: http://data.europa.eu/eli/dir/2024/1785/oj).11 Directive (EU) 2024/1785 of the European Parliament and of the Council of 24 April 2024 amending Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions (integrated pollution prevention and control) and Council Directive 1999/31/EC on the landfill of waste (OJ L, 2024/1785, 15.7.2024, ELI: http://data.europa.eu/eli/dir/2024/1785/oj).
12 Communication from the Commission to the European Parliament, the European Council, the Council, the European Central Bank, the European Economic and Social Committee and the Committee of the Regions of 8 March 2018, ‘Action Plan: Financing Sustainable Growth’, COM/2018/097 final.

Or. fr

Amendment 67

Ondřej Knotek, Jana Nagyová, Antonín Staněk, Roman Haider, Viktória Ferenc, Anne-Sophie Frigout

Proposal for a directive

Recital 4

Text proposed by the CommissionAmendment
(4) In the context of the Commission’s commitment to reduce reporting burdens and compliance costs, advance interoperability, and enhance competitiveness, it is necessary to adapt certain provisions in Directives 2008/98/EC8 , 2010/75/EU9 , (EU) 2015/219310 and (EU) 2024/178511 of the European Parliament and of the Council whilst maintaining the policy objectives of the European Green Deal, and the Sustainable Finance Action Plan12 .(4) In the context of the Commission’s commitment to reduce reporting burdens and compliance costs, advance interoperability, and enhance competitiveness, it is necessary to adapt certain provisions in Directives 2008/98/EC8 , 2010/75/EU9 , (EU) 2015/219310 and (EU) 2024/178511 of the European Parliament and of the Council.
8 Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3, ELI: http://data.europa.eu/eli/dir/2008/98/oj).8 Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3, ELI: http://data.europa.eu/eli/dir/2008/98/oj).
9 Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (OJ L 334, 17.12.2010, p. 17, ELI: http://data.europa.eu/eli/dir/2010/75/oj).9 Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (OJ L 334, 17.12.2010, p. 17, ELI: http://data.europa.eu/eli/dir/2010/75/oj).
10 Directive (EU) 2015/2193 of the European Parliament and of the Council of 25 November 2015 on the limitation of emissions of certain pollutants into the air from medium combustion plants (OJ L 313, 28.11.2015, p.1, ELI: http://data.europa.eu/eli/dir/2015/2193/oj).10 Directive (EU) 2015/2193 of the European Parliament and of the Council of 25 November 2015 on the limitation of emissions of certain pollutants into the air from medium combustion plants (OJ L 313, 28.11.2015, p.1, ELI: http://data.europa.eu/eli/dir/2015/2193/oj).
11 Directive (EU) 2024/1785 of the European Parliament and of the Council of 24 April 2024 amending Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions (integrated pollution prevention and control) and Council Directive 1999/31/EC on the landfill of waste (OJ L, 2024/1785, 15.7.2024, ELI: http://data.europa.eu/eli/dir/2024/1785/oj).11 Directive (EU) 2024/1785 of the European Parliament and of the Council of 24 April 2024 amending Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions (integrated pollution prevention and control) and Council Directive 1999/31/EC on the landfill of waste (OJ L, 2024/1785, 15.7.2024, ELI: http://data.europa.eu/eli/dir/2024/1785/oj).
12 Communication from the Commission to the European Parliament, the European Council, the Council, the European Central Bank, the European Economic and Social Committee and the Committee of the Regions of 8 March 2018, ‘Action Plan: Financing Sustainable Growth’, COM/2018/097 final.

Or. en

Amendment 68

Jutta Paulus

Proposal for a directive

Recital 4 a (new)

Text proposed by the CommissionAmendment
(4a) While extended producer responsibility (EPR) schemes are implemented at national level, products are placed on the Union market. It is thus important to have provisions for producers placing products on the market of Member States in which they are not established to ensure that they comply with the EPR provisions also in those Member States. This Directive requires the nomination of an authorised representative in such cases. The nomination of an authorised representative as well as divergence in the provisions with regard to EPR schemes between different Member States may however create disproportionate administrative burdens. The Commission should therefore, as part of the forthcoming Circular Economy Act, propose a centralised digital mechanism, or a network of interoperable national digital systems, enabling producers to fulfil their reporting obligations across all Member States through a single entry point, without prejudice to the enforcement responsibilities of Member States. That mechanism should be operational no later than 1 January 2029.

Or. en

Amendment 69

Jutta Paulus

Proposal for a directive

Recital 5

Text proposed by the CommissionAmendment
(5) The database established pursuant to Article 9(2) of Directive 2008/98/EC containing the information referred to in Article 33(1) of Regulation (EC) No 1907/2006 of the European Parliament and of the Council13 was devised to enhance transparency and provide comprehensive access to information on hazardous substances in products. It is acknowledged that the complexity of the notification process imposes significant burden on industry stakeholders, leading to disproportionally high costs, especially regarding necessary IT investments. Coupled with a low rate of access by potential users and the limited usability of the information due to its current structure, alongside low compliance and enforcement rates, it is estimated that the database in its current form is not fulfilling its intended objectives. Hence, the obligation for suppliers to submit data to the database should not be continued. Data that has already been reported should continue to be maintained by the European Chemicals Agency.(5) The database established pursuant to Article 9(2) of Directive 2008/98/EC containing the information referred to in Article 33(1) of Regulation (EC) No 1907/2006 of the European Parliament and of the Council13 was devised to promote the reduction of the content of the most hazardous substances in materials and products, including recycled materials, to enhance transparency and to provide comprehensive access to information on hazardous substances in products and at the waste stage. Regulation (EU) 2024/1781 of the European Parliament and of the Council13a empowers the Commission to establish eco-design requirements for products, including information requirements. Such information requirements include as a minimum the information referred to in Article 33(1) of Regulation (EC) No 1907/2006 and are required to be provided via a digital product passport. Relevant standards with regard to the implementation of the digital product passport have been adopted. It is important to integrate the provision of the information to the European Chemicals Agency (the 'Agency') with the information provision in the context of upcoming digital product passports. Economic operators should therefore be obliged to use the relevant standards for providing this information to the Agency, using identifiers that allow for clear identification of the articles concerned for consumers and waste operators. This will facilitate, simplify and harmonise the provision of the information to the Agency and make it compatible and thus future-proof with regard to this information being included in upcoming digital product passports. The Agency should ensure that the database is appropriate to fulfil its intended objectives. The Agency should ensure that the database allows for clear identification of articles by consumers and provides database tools that allow aggregation of data, including in particular for the purposes of waste treatment operators.
13 Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1), ELI:http://data.europa.eu/eli/reg/2006/1907/oj ).13 Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1), ELI:http://data.europa.eu/eli/reg/2006/1907/oj ).
13a Regulation (EU) 2024/1781 of the European Parliament and of the Council of 13 June 2024 establishing a framework for the setting of ecodesign requirements for sustainable products, amending Directive (EU) 2020/1828 and Regulation (EU) 2023/1542 and repealing Directive 2009/125/EC (OJ L series, 28.6.2024, ELI: http://data.europa.eu/eli/reg/2024/1781/oj).

Or. en

Justification

The SCIP database is a unique source of information about substances of very high concern in articles. It would be irresponsible to let it die a slow death by ending the obligation for economic operators to pass such information to ECHA. Such information is necessary to facilitate proper waste management, improving the quality of recycling quality and enabling the transition to a clean circular economy. Such information is also useful to increase the protection of workers in waste management from exposure to hazardous substances. Finally, the database is the sole source of information for authorities with regard to substances of very high concern in articles and thus of major importance to inform policy decisions. Admittedly, due to its current structure, in particular the flexibility with regard to article identifiers, the information included in the database has had limited usability thus far. There are however no tools which can fully substitute the database. SCIP is the sole database that encompasses information about substances of very high concern across all articles. Moreover, the Common Chemicals Data Platform adopted in 2024 relies on the SCIP database as key input, and Digital Product Passports under the Eco-Design Regulation will only be introduced gradually from 2027, and only for certain product categories. Rather than ending the notification requirements, they should be simplified by harmonising them with recently adopted standards and thus facilitate the integration of such information with upcoming digital product passports.

Amendment 70

Martin Günther, Sebastian Everding, Per Clausen

Proposal for a directive

Recital 5

Text proposed by the CommissionAmendment
(5) The database established pursuant to Article 9(2) of Directive 2008/98/EC containing the information referred to in Article 33(1) of Regulation (EC) No 1907/2006 of the European Parliament and of the Council13 was devised to enhance transparency and provide comprehensive access to information on hazardous substances in products. It is acknowledged that the complexity of the notification process imposes significant burden on industry stakeholders, leading to disproportionally high costs, especially regarding necessary IT investments. Coupled with a low rate of access by potential users and the limited usability of the information due to its current structure, alongside low compliance and enforcement rates, it is estimated that the database in its current form is not fulfilling its intended objectives. Hence, the obligation for suppliers to submit data to the database should not be continued. Data that has already been reported should continue to be maintained by the European Chemicals Agency.(5) The database established pursuant to Article 9(2) of Directive 2008/98/EC containing the information referred to in Article 33(1) of Regulation (EC) No 1907/2006 of the European Parliament and of the Council13 was devised to enhance transparency and provide comprehensive access to information on hazardous substances in products. It is acknowledged that the complexity of the notification process imposes significant burden on industry stakeholders, leading to disproportionally high costs, especially regarding necessary IT investments. Coupled with a low rate of access by potential users and the limited usability of the information due to its current structure, alongside low compliance and enforcement rates, it is estimated that the database in its current form is not fulfilling its intended objectives. Hence, the obligation for suppliers to submit data to the database should be maintained until an alternative system, such as the Digital Product Passport, ensuring at least an equivalent level of information on substances of very high concern in articles is fully operational and accessible to waste operators and other relevant stakeholders. The European Chemicals Agency shall provide means to facilitate reuse of data submitted by duty holders for the transition to the alternative system.
13 Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1), ELI:http://data.europa.eu/eli/reg/2006/1907/oj ).13 Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1), ELI:http://data.europa.eu/eli/reg/2006/1907/oj ).

Or. en

Amendment 71

Michal Wiezik, Martin Hojsík

Proposal for a directive

Recital 5

Text proposed by the CommissionAmendment
(5) The database established pursuant to Article 9(2) of Directive 2008/98/EC containing the information referred to in Article 33(1) of Regulation (EC) No 1907/2006 of the European Parliament and of the Council13 was devised to enhance transparency and provide comprehensive access to information on hazardous substances in products. It is acknowledged that the complexity of the notification process imposes significant burden on industry stakeholders, leading to disproportionally high costs, especially regarding necessary IT investments. Coupled with a low rate of access by potential users and the limited usability of the information due to its current structure, alongside low compliance and enforcement rates, it is estimated that the database in its current form is not fulfilling its intended objectives. Hence, the obligation for suppliers to submit data to the database should not be continued. Data that has already been reported should continue to be maintained by the European Chemicals Agency.(5) The database established pursuant to Article 9(2) of Directive 2008/98/EC containing the information referred to in Article 33(1) of Regulation (EC) No 1907/2006 of the European Parliament and of the Council13 was devised to enhance transparency and provide comprehensive access to information on hazardous substances in products and the relevance of this tool in the context of the circular economy objectives of the Union has only increased. Due to its current structure and the presentation of the information, it is met with a low rate of access by potential users, and alongside low compliance and enforcement rates it is in its current form not fulfilling its intended objectives. To address complexity of the notification process and burden on industry stakeholders, leading to high costs, especially regarding necessary IT investments, the Commission is tasked to improve this tool and simplify its design with the aim to improve the access by potential users and the usability of the information, to include at least the substance’s concentration and location in the article, to fulfil its intended objectives. The IT tools developed by the Commission for submission of the data should be free of charge and interoperable with digital product passports developed under Union legislation.
13 Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1), ELI:http://data.europa.eu/eli/reg/2006/1907/oj ).13 Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1), ELI:http://data.europa.eu/eli/reg/2006/1907/oj ).

Or. en

Amendment 72

Thomas Bajada, Annalisa Corrado

Proposal for a directive

Recital 5

Text proposed by the CommissionAmendment
(5) The database established pursuant to Article 9(2) of Directive 2008/98/EC containing the information referred to in Article 33(1) of Regulation (EC) No 1907/2006 of the European Parliament and of the Council13 was devised to enhance transparency and provide comprehensive access to information on hazardous substances in products. It is acknowledged that the complexity of the notification process imposes significant burden on industry stakeholders, leading to disproportionally high costs, especially regarding necessary IT investments. Coupled with a low rate of access by potential users and the limited usability of the information due to its current structure, alongside low compliance and enforcement rates, it is estimated that the database in its current form is not fulfilling its intended objectives. Hence, the obligation for suppliers to submit data to the database should not be continued. Data that has already been reported should continue to be maintained by the European Chemicals Agency.(5) The database established pursuant to Article 9(2) of Directive 2008/98/EC containing the information referred to in Article 33(1) of Regulation (EC) No 1907/2006 of the European Parliament and of the Council13 was devised to enhance transparency and provide comprehensive access to information on hazardous substances in products. It is acknowledged that the complexity of the notification process imposes significant burden on industry stakeholders, leading to disproportionally high costs, especially regarding necessary IT investments. Coupled with a low rate of access by potential users and the limited usability of the information due to its current structure, alongside low compliance and enforcement rates, it is estimated that the database in its current form is not fulfilling its intended objectives. Hence, the obligation for suppliers to submit data to the database should be clarified, to improve its implementation. To prevent suppliers from being subject to redundant requirements, the Commission should endeavour to achieve the highest level of consistency between the obligation and comparable obligations in other Union legislation. The European Chemicals Agency should provide means to facilitate reuse of data submitted by duty holders.
13 Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1), ELI:http://data.europa.eu/eli/reg/2006/1907/oj ).13 Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1), ELI:http://data.europa.eu/eli/reg/2006/1907/oj ).

Or. en

Justification

Considering the shift towards a more circular economy, SCIP database under the Waste Framework Directive is the only existing structured source of data on harmful chemicals in products and deleting it would undermine Union’s circular economy objectives and considering there is no functional alternative contradict the stated aim of simplification. The appropriate course is to address existing implementation weaknesses to ensure that the system functions properly to serve its true objective of informing waste management about presence of the substances of concerns in articles, in particular the concentration of the substance and its location within the article.

Amendment 73

Jutta Paulus

Proposal for a directive

Recital 6

Text proposed by the CommissionAmendment
(6) The usefulness of the empowerment of the Commission under Directive 2008/98/EC to adopt an implementing act to establish indicators to measure the overall progress in the implementation of waste prevention measures is diminished by a lack of a mandatory application requirement by Member States. Moreover, some Member States have developed national indicators for monitoring waste prevention and the European Environment Agency has developed a framework for monitoring waste prevention, based on existing data. Thus, that empowerment is deemed redundant and should be deleted.deleted

Or. en

Justification

Waste prevention is at the top of the waste hierarchy. Waste prevention indicators are key to be able to asses the success of measures taken. Article 9(1) of the WFD sets out twelve measures MS are obliged to take. While several of them are of soft nature, others set out clear legal requirements to reduce waste generation (see points c, f, g, j, k). The fact that some MS have developed national indicators or that the EEA has developed a framework for monitoring waste prevention cannot replace the establishment of clear EU-wide indicators by the Commission to inform EU wide policy-making.

Amendment 74

Jeannette Baljeu, Andreas Glück, Ilhan Kyuchyuk, Olivier Chastel

Proposal for a directive

Recital 6 a (new)

Text proposed by the CommissionAmendment
(6a) In the current security environment, waste rules should not create unnecessary legal uncertainty for the secure management, demilitarisation, transport or disposal of ammunition, munitions and other Class 1 explosives under the United Nations Globally Harmonized System of Classification and Labelling of Chemicals by or on behalf of the armed forces. The existing exclusion for decommissioned explosives should therefore be clarified by reference to internationally recognised classifications, while ensuring that such materials remain subject to appropriate safety, security and environmental safeguards.

Or. en

Amendment 75

Ondřej Knotek, Jana Nagyová, Antonín Staněk, Anne-Sophie Frigout, Roman Haider

Proposal for a directive

Recital 7

Text proposed by the CommissionAmendment
(7) With a view to simplifying requirements on operators and companies, and reduce the administrative burden stemming from the preparation of the environmental management system (‘EMS’) pursuant to Article 14a of Directive 2010/75/EU of the European Parliament and of the Council14 while maintaining equivalent standards as regards the protection of human health and the environment, it is appropriate to allow, under certain conditions, several installations to be covered by a single EMS. Where, in a Member State, two or more installations are under the control of the same operator, or if the installations are under the control of different operators but belong to the same company which is formed in accordance with the legislation of a Member State, those installations may be covered by a single EMS.(7) In order to simplify requirements on operators and companies, and reduce the administrative burden stemming from the preparation of the environmental management system (‘EMS’) pursuant to Article 14a of Directive 2010/75/EU of the European Parliament and of the Council14 while maintaining equivalent standards as regards the protection of human health and the environment, it is appropriate to remove the EMS obligation.
14 Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (OJ L 334, 17.12.2010, p 17, ELI: http://data.europa.eu/eli/dir/2010/75/oj).14 Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (OJ L 334, 17.12.2010, p 17, ELI: http://data.europa.eu/eli/dir/2010/75/oj).

Or. en

Amendment 76

Jutta Paulus

Proposal for a directive

Recital 7

Text proposed by the CommissionAmendment
(7) With a view to simplifying requirements on operators and companies, and reduce the administrative burden stemming from the preparation of the environmental management system (‘EMS’) pursuant to Article 14a of Directive 2010/75/EU of the European Parliament and of the Council14 while maintaining equivalent standards as regards the protection of human health and the environment, it is appropriate to allow, under certain conditions, several installations to be covered by a single EMS. Where, in a Member State, two or more installations are under the control of the same operator, or if the installations are under the control of different operators but belong to the same company which is formed in accordance with the legislation of a Member State, those installations may be covered by a single EMS.(7) With a view to simplifying requirements on operators and companies, and reduce the administrative burden stemming from the preparation of the environmental management system (‘EMS’) pursuant to Article 14a of Directive 2010/75/EU of the European Parliament and of the Council14 while maintaining equivalent standards as regards the protection of human health and the environment, it is appropriate to allow, under certain conditions, several installations to be covered by a single EMS. Where, in a Member State, two or more installations are under the control of the same operator, or if the installations are under the control of different operators but belong to the same company which is formed in accordance with the legislation of a Member State, those installations may be covered by a single EMS, as long as information on environmental performance continues to be provided separately for each installation. Installation-level information allows competent authorities to verify the environmental performance of the installations and enables the preparation of Best Available Technique Reference Documents (BREFs), which installation permits are based on.
14 Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (OJ L 334, 17.12.2010, p 17, ELI: http://data.europa.eu/eli/dir/2010/75/oj).14 Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (OJ L 334, 17.12.2010, p 17, ELI: http://data.europa.eu/eli/dir/2010/75/oj).

Or. en

Amendment 77

Martin Günther, Sebastian Everding, Per Clausen

Proposal for a directive

Recital 7

Text proposed by the CommissionAmendment
(7) With a view to simplifying requirements on operators and companies, and reduce the administrative burden stemming from the preparation of the environmental management system (‘EMS’) pursuant to Article 14a of Directive 2010/75/EU of the European Parliament and of the Council14 while maintaining equivalent standards as regards the protection of human health and the environment, it is appropriate to allow, under certain conditions, several installations to be covered by a single EMS. Where, in a Member State, two or more installations are under the control of the same operator, or if the installations are under the control of different operators but belong to the same company which is formed in accordance with the legislation of a Member State, those installations may be covered by a single EMS.(7) With a view to simplifying requirements on operators and companies, and reduce the administrative burden stemming from the preparation of the environmental management system (‘EMS’) pursuant to Article 14a of Directive 2010/75/EU of the European Parliament and of the Council14 while maintaining equivalent standards as regards the protection of human health and the environment, it is appropriate to allow, under certain conditions, several installations to be covered by a single EMS. Where, in a Member State, two or more installations are under the control of the same operator, or if the installations are under the control of different operators but belong to the same company which is formed in accordance with the legislation of a Member State, those installations may be covered by a single EMS. The possibility for several installations to be covered by a single EMS should not affect any obligation to provide or report information on environmental performance at installation level.
14 Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (OJ L 334, 17.12.2010, p 17, ELI: http://data.europa.eu/eli/dir/2010/75/oj).14 Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (OJ L 334, 17.12.2010, p 17, ELI: http://data.europa.eu/eli/dir/2010/75/oj).

Or. en

Amendment 78

Thomas Bajada, Annalisa Corrado

Proposal for a directive

Recital 7

Text proposed by the CommissionAmendment
(7) With a view to simplifying requirements on operators and companies, and reduce the administrative burden stemming from the preparation of the environmental management system (‘EMS’) pursuant to Article 14a of Directive 2010/75/EU of the European Parliament and of the Council14 while maintaining equivalent standards as regards the protection of human health and the environment, it is appropriate to allow, under certain conditions, several installations to be covered by a single EMS. Where, in a Member State, two or more installations are under the control of the same operator, or if the installations are under the control of different operators but belong to the same company which is formed in accordance with the legislation of a Member State, those installations may be covered by a single EMS.(7) With a view to simplifying requirements on operators and companies, and reduce the administrative burden stemming from the preparation of the environmental management system (‘EMS’) pursuant to Article 14a of Directive 2010/75/EU of the European Parliament and of the Council14 while maintaining equivalent standards as regards the protection of human health and the environment, it is appropriate to allow, under certain conditions, several installations to be covered by a single EMS. Where, in a Member State, two or more installations are under the control of the same operator, or if the installations are under the control of different operators but belong to the same company which is formed in accordance with the legislation of a Member State, those installations may be covered by a single EMS. The possibility for several installations to be covered by a single EMS should not affect any obligation to provide or report information on environmental performance at installation level.
14 Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (OJ L 334, 17.12.2010, p 17, ELI: http://data.europa.eu/eli/dir/2010/75/oj).14 Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (OJ L 334, 17.12.2010, p 17, ELI: http://data.europa.eu/eli/dir/2010/75/oj).

Or. en

Amendment 79

Anna Zalewska

Proposal for a directive

Recital 7 a (new)

Text proposed by the CommissionAmendment
(7a) The requirement for the environmental management system to align with BAT conclusions does not impose any substantive obligation beyond those already binding on operators under Article 15 of Directive 2010/75/EU, pursuant to which emission limit values are set on the basis of BAT conclusions. Similarly, requiring EMS objectives and performance indicators to take into account benchmarks set out in the relevant BAT conclusions would effectively reintroduce an installation-specific approach inconsistent with the purpose of the EMS as a management tool. Those references should therefore be deleted without prejudice to the obligation of operators to comply with BAT conclusions through the permit conditions set by the competent authority.

Or. en

Amendment 80

Michal Wiezik, Martin Hojsík

Proposal for a directive

Recital 7 a (new)

Text proposed by the CommissionAmendment
(7a) More intense, more frequent and prolonged droughts, more extreme flooding, more erratic seasonal rainfall or falling groundwater levels may put at risk the operation at the current capacity of installations within the scope of this Directive, leading also to substantive corporate value at threat due to worsening water insecurity. A structured approach to identifying and managing newly identified environmental risks, including a risk of stranded assets due to water availability is needed to be implemented. At company or installation level, EMS should include measures taken to avoid water risks of stranding assets in future, inter alia by cooperative water stewardship and restoration measures delivering volumetric water benefits.

Or. en

Amendment 81

Jutta Paulus

Proposal for a directive

Recital 7 a (new)

Text proposed by the CommissionAmendment
(7a) Notwithstanding the possibility provided to operators and companies to cover their installations within a Member State by a single EMS, EMS objectives and performance indicators should continue to take into account the installation-specific BAT benchmarks as useful references. This does not prevent operators and companies from using those installation-specific BAT benchmarks to set objectives and performance indicators at operator or company level.

Or. en

Amendment 82

Anna Zalewska

Proposal for a directive

Recital 7 b (new)

Text proposed by the CommissionAmendment
(7b) Permit conditions relating to the EMS should reflect the operational reality of each installation. Where an operator has not yet implemented an EMS at the time of permit application, the permit should specify a binding timeline for achieving compliance. Where an operator is already registered under EMAS or certified under ISO 14001 at the time of permit application, the permit should recognise that compliance avoiding the imposition of duplicative requirements.

Or. en

Amendment 83

Ondřej Knotek, Jana Nagyová, Antonín Staněk, Anne-Sophie Frigout, Roman Haider

Proposal for a directive

Recital 8

Text proposed by the CommissionAmendment
(8) To ensure greater consistency with existing EMS schemes such as EMAS or ISO 14001, which can be implemented at facility or company level, operators should be able to adjust the organisational level of the EMS according to the nature, scale and complexity of their installations (installation, facility or company level).deleted

Or. en

Amendment 84

Martin Günther

Proposal for a directive

Recital 8

Text proposed by the CommissionAmendment
(8) To ensure greater consistency with existing EMS schemes such as EMAS or ISO 14001, which can be implemented at facility or company level, operators should be able to adjust the organisational level of the EMS according to the nature, scale and complexity of their installations (installation, facility or company level).(8) To ensure greater consistency with existing EMS schemes such as EMAS, which can be implemented at facility or company level, operators should be able to adjust the organisational level of the EMS according to the nature, scale and complexity of their installations (installation, facility or company level). Compliance with EMAS should be deemed to satisfy the requirements of Article 14a of Directive 2010/75/EU, given that the substantive obligations imposed by that Article are already covered by those standards or by other relevant Union legislation, thereby avoiding duplicative requirements for operators already subject to equivalent environmental management obligations. Member States may provide that operators of installations or waste management facilities certified under equivalent national environmental management schemes, provided that those schemes meet the relevant requirements laid down in this Directive, are also deemed to fulfill the requirements of Article 14a of Directive 2010/75/EU.

Or. en

Justification

EMAS is a stronger choice than ISO 14001: While EMAS incorporates the environmental management system requirements of ISO 14001, it also requires demonstrated legal compliance, continuous improvement in actual environmental performance, employee involvement and the publication of an independently validated environmental statement.

Amendment 85

Anna Zalewska

Proposal for a directive

Recital 8

Text proposed by the CommissionAmendment
(8) To ensure greater consistency with existing EMS schemes such as EMAS or ISO 14001, which can be implemented at facility or company level, operators should be able to adjust the organisational level of the EMS according to the nature, scale and complexity of their installations (installation, facility or company level).(8) To ensure greater consistency with existing EMS schemes such as EMAS or ISO 14001, which can be implemented at facility or company level, operators should be able to adjust the organisational level of the EMS according to the nature, scale and complexity of their installations (installation, facility or company level). Compliance with EMAS or ISO 14001 should be deemed to satisfy the requirements of Article 14a of Directive 2010/75/EU, given that the substantive obligations imposed by that Article are already covered by those standards or by other relevant Union legislation, thereby avoiding duplicative requirements for operators already subject to equivalent environmental management obligations.

Or. en

Amendment 86

Thomas Bajada, Annalisa Corrado

Proposal for a directive

Recital 8 a (new)

Text proposed by the CommissionAmendment
(8a) Where an operator is registered under EMAS or certified under ISO 14001, such registration or certification may be taken into account for the purposes of demonstrating compliance with Article 14a, provided that its scope covers the installation concerned and all relevant environmental aspects required under that Article, including compliance with relevant BAT conclusions, permit conditions, installation-specific environmental performance data, objectives and indicators. Where EMAS or ISO 14001 does not provide an equivalent level of installation-specific information, the operator should provide the necessary supplementary information to ensure full compliance with Article 14a(2) of Directive 2010/75/EU.

Or. en

Amendment 87

Thomas Bajada, Annalisa Corrado

Proposal for a directive

Recital 9

Text proposed by the CommissionAmendment
(9) With a view to simplifying requirements on operators and reducing their administrative burden, the requirements set out in Article 14a of Directive 2010/75/EU for operators to develop, as part of the installation’s EMS, a chemicals inventory of the hazardous substances present in or emitted from the installation; a risk assessment of the impact of such substances on human health and the environment, as well as an analysis of the possibilities for substituting them with safer alternatives or reducing their use or emissions should be deleted, without prejudice to, where relevant, similar requirement for a chemical inventory set under other Union legislation.deleted

Or. en

Amendment 88

Ondřej Knotek, Jana Nagyová, Antonín Staněk, Anne-Sophie Frigout, Roman Haider

Proposal for a directive

Recital 9

Text proposed by the CommissionAmendment
(9) With a view to simplifying requirements on operators and reducing their administrative burden, the requirements set out in Article 14a of Directive 2010/75/EU for operators to develop, as part of the installation’s EMS, a chemicals inventory of the hazardous substances present in or emitted from the installation; a risk assessment of the impact of such substances on human health and the environment, as well as an analysis of the possibilities for substituting them with safer alternatives or reducing their use or emissions should be deleted, without prejudice to, where relevant, similar requirement for a chemical inventory set under other Union legislation.deleted

Or. en

Amendment 89

Martin Günther, Sebastian Everding, Per Clausen

Proposal for a directive

Recital 9

Text proposed by the CommissionAmendment
(9) With a view to simplifying requirements on operators and reducing their administrative burden, the requirements set out in Article 14a of Directive 2010/75/EU for operators to develop, as part of the installation’s EMS, a chemicals inventory of the hazardous substances present in or emitted from the installation; a risk assessment of the impact of such substances on human health and the environment, as well as an analysis of the possibilities for substituting them with safer alternatives or reducing their use or emissions should be deleted, without prejudice to, where relevant, similar requirement for a chemical inventory set under other Union legislation.deleted

Or. en

Amendment 90

Jutta Paulus

Proposal for a directive

Recital 9

Text proposed by the CommissionAmendment
(9) With a view to simplifying requirements on operators and reducing their administrative burden, the requirements set out in Article 14a of Directive 2010/75/EU for operators to develop, as part of the installation’s EMS, a chemicals inventory of the hazardous substances present in or emitted from the installation; a risk assessment of the impact of such substances on human health and the environment, as well as an analysis of the possibilities for substituting them with safer alternatives or reducing their use or emissions should be deleted, without prejudice to, where relevant, similar requirement for a chemical inventory set under other Union legislation.(9) The chemical management system and inventory provided for in Directive 2010/75/EU complement REACH and Occupational Health Safety (OHS) legislation and fill an information gap on the use, management, and release of industrial chemicals, such as per- and polyfluoroalkyl substances (PFAS). The chemical management system and inventory help develop BREFs, widen the use of safe chemical management practices and ultimately achieve the zero-pollution objective. The inventory helps protect the health of workers and of neighbouring communities. The requirement provided for in Directive 2010/75/EU also harmonises existing practices in Member States and industries, and it creates a level playing field between industries that have been subject to such requirement thus far and the others. The requirement provides flexibility to industries regarding the tools that can be used for implementation and does not place a particular burden on the industries as they hold the to-be-provided information. The requirement should therefore not be discontinued.

Or. en

Amendment 91

Katri Kulmuni

Proposal for a directive

Recital 9

Text proposed by the CommissionAmendment
(9) With a view to simplifying requirements on operators and reducing their administrative burden, the requirements set out in Article 14a of Directive 2010/75/EU for operators to develop, as part of the installation’s EMS, a chemicals inventory of the hazardous substances present in or emitted from the installation; a risk assessment of the impact of such substances on human health and the environment, as well as an analysis of the possibilities for substituting them with safer alternatives or reducing their use or emissions should be deleted, without prejudice to, where relevant, similar requirement for a chemical inventory set under other Union legislation.(9) With a view to simplifying requirements on operators and reducing their administrative burden, the requirements set out in Article 14a of Directive 2010/75/EU for operators to develop, as part of the installation’s EMS, a chemicals inventory of the hazardous substances present in or emitted from the installation; a risk assessment of the impact of such substances on human health and the environment, as well as an analysis of the possibilities for substituting them with safer alternatives or reducing their use or emissions should be deleted, without prejudice to , where relevant, similar requirement for a chemical inventory, risk assessments and substitution requirements set under sector specific BAT Conclusion adopted under Directive 2010/75/EU or other Union legislation.

Or. en

Justification

We would like to ensure that chemicals requiremenst can be established in the sector specific BAT conclusions also in the future. This has been established practice as of 2022 and upto now, such requirements have been established in five sector specific BAT conclusions.

Amendment 92

Michal Wiezik, Martin Hojsík

Proposal for a directive

Recital 9

Text proposed by the CommissionAmendment
(9) With a view to simplifying requirements on operators and reducing their administrative burden, the requirements set out in Article 14a of Directive 2010/75/EU for operators to develop, as part of the installation’s EMS, a chemicals inventory of the hazardous substances present in or emitted from the installation; a risk assessment of the impact of such substances on human health and the environment, as well as an analysis of the possibilities for substituting them with safer alternatives or reducing their use or emissions should be deleted, without prejudice to, where relevant, similar requirement for a chemical inventory set under other Union legislation.(9) With a view to simplifying requirements on operators and reducing their administrative burden, the requirements set out in Article 14a of Directive 2010/75/EU for operators to develop, as part of the installation’s EMS, a chemicals inventory of the hazardous substances present in or emitted from the installation; a risk assessment of the impact of such substances on human health and the environment, as well as an analysis of the possibilities for substituting them with safer alternatives or reducing their use or emissions should be limited in scope, without prejudice to, where relevant, similar requirement for a chemical inventory set under other Union legislation.

Or. en

Justification

the provision was introduced in 2024 and from everything we went through, including EPRS assessment, the deletion proposed by the EC is not justified.

Amendment 93

Ondřej Knotek, Jana Nagyová, Antonín Staněk, Anne-Sophie Frigout, Roman Haider

Proposal for a directive

Recital 10

Text proposed by the CommissionAmendment
(10) In light of Article 5(3) of the Treaty on European Union (TEU) and Protocol (No 2) on the application of the principles of subsidiarity and proportionality, the requirement on the Commission in Article 14a(4) of Directive 2010/75/EU to adopt by 31 December 2025 an implementing act specifying the information contained in an EMS that is relevant for publication should be deleted without prejudice to the Member States obligation to ensure that the relevant information set out in the EMS and listed in Article 14a(2) of that Directive is made available on the internet, free of charge and without restricting access to registered users; in consistency with the public’ rights to access environmental information held by, or for, public authorities, both upon request and through active dissemination.deleted

Or. en

Amendment 94

Thomas Bajada, Annalisa Corrado

Proposal for a directive

Recital 10

Text proposed by the CommissionAmendment
(10) In light of Article 5(3) of the Treaty on European Union (TEU) and Protocol (No 2) on the application of the principles of subsidiarity and proportionality, the requirement on the Commission in Article 14a(4) of Directive 2010/75/EU to adopt by 31 December 2025 an implementing act specifying the information contained in an EMS that is relevant for publication should be deleted without prejudice to the Member States obligation to ensure that the relevant information set out in the EMS and listed in Article 14a(2) of that Directive is made available on the internet, free of charge and without restricting access to registered users; in consistency with the public’ rights to access environmental information held by, or for, public authorities, both upon request and through active dissemination.deleted

Or. en

Amendment 95

Martin Günther, Sebastian Everding, Per Clausen

Proposal for a directive

Recital 10

Text proposed by the CommissionAmendment
(10) In light of Article 5(3) of the Treaty on European Union (TEU) and Protocol (No 2) on the application of the principles of subsidiarity and proportionality, the requirement on the Commission in Article 14a(4) of Directive 2010/75/EU to adopt by 31 December 2025 an implementing act specifying the information contained in an EMS that is relevant for publication should be deleted without prejudice to the Member States obligation to ensure that the relevant information set out in the EMS and listed in Article 14a(2) of that Directive is made available on the internet, free of charge and without restricting access to registered users; in consistency with the public’ rights to access environmental information held by, or for, public authorities, both upon request and through active dissemination.deleted

Or. en

Amendment 96

Elżbieta Katarzyna Łukacijewska, Krzysztof Hetman

Proposal for a directive

Recital 10

Text proposed by the CommissionAmendment
(10) In light of Article 5(3) of the Treaty on European Union (TEU) and Protocol (No 2) on the application of the principles of subsidiarity and proportionality, the requirement on the Commission in Article 14a(4) of Directive 2010/75/EU to adopt by 31 December 2025 an implementing act specifying the information contained in an EMS that is relevant for publication should be deleted without prejudice to the Member States obligation to ensure that the relevant information set out in the EMS and listed in Article 14a(2) of that Directive is made available on the internet, free of charge and without restricting access to registered users; in consistency with the public’ rights to access environmental information held by, or for, public authorities, both upon request and through active dissemination.(10) In light of Article 5(3) of the Treaty on European Union (TEU) and Protocol (No 2) on the application of the principles of subsidiarity and proportionality, the requirement on the Commission in Article 14a(4) of Directive 2010/75/EU to adopt by 31 December 2025 an implementing act specifying the information contained in an EMS that is relevant for publication should be deleted.

Or. en

Justification

The deletion of the empowerment to adopt implementing acts does not, in itself, remove the underlying publication obligation. The mandatory online publication of information relating to environmental management systems would generate additional administrative burden for operators and competent authorities, and could necessitate redactions in order to safeguard confidential business information, while providing limited environmental added value. Public access to environmental information remains fully ensured under the existing Union and national legal frameworks.

Amendment 97

Jutta Paulus

Proposal for a directive

Recital 10

Text proposed by the CommissionAmendment
(10) In light of Article 5(3) of the Treaty on European Union (TEU) and Protocol (No 2) on the application of the principles of subsidiarity and proportionality, the requirement on the Commission in Article 14a(4) of Directive 2010/75/EU to adopt by 31 December 2025 an implementing act specifying the information contained in an EMS that is relevant for publication should be deleted without prejudice to the Member States obligation to ensure that the relevant information set out in the EMS and listed in Article 14a(2) of that Directive is made available on the internet, free of charge and without restricting access to registered users; in consistency with the public’ rights to access environmental information held by, or for, public authorities, both upon request and through active dissemination.(10) Directive 2010/75/EC requires industrial installations to only publish relevant information from the EMS. To guarantee a uniform application of the requirement, it is important to clarify the meaning of ‘relevant information’. To speed up and lighten the procedure leading to the provision of such clarification and to increase the level of flexibility for the Commission, the Commission should be empowered to provide such clarification in the form of guidance instead of in the form of an implementing act.

Or. en

Amendment 98

Katri Kulmuni

Proposal for a directive

Recital 10

Text proposed by the CommissionAmendment
(10) In light of Article 5(3) of the Treaty on European Union (TEU) and Protocol (No 2) on the application of the principles of subsidiarity and proportionality, the requirement on the Commission in Article 14a(4) of Directive 2010/75/EU to adopt by 31 December 2025 an implementing act specifying the information contained in an EMS that is relevant for publication should be deleted without prejudice to the Member States obligation to ensure that the relevant information set out in the EMS and listed in Article 14a(2) of that Directive is made available on the internet, free of charge and without restricting access to registered users; in consistency with the public’ rights to access environmental information held by, or for, public authorities, both upon request and through active dissemination.(10) In light of Article 5(3) of the Treaty on European Union (TEU) and Protocol (No 2) on the application of the principles of subsidiarity and proportionality, as provided for in Article 14a(4) of Directive 2010/75/EU, the Commission in should adopt by 31 December 2028 an implementing act specifying the information contained in an EMS that is relevant for publication in order the establish a common format for publication.

Or. en

Justification

It would be good to get this common format back to the text as it would greatly benefit for the simplification objectives of this proposal. Having one single publication format in EU would provide massive administrative burden benefits, as compared to establishing such format at MS level or deciding what to publish on case-by-case basis. As the EMS deadline is postponed, we could give the Commission a similar time extension for the IA.

Amendment 99

Carmen Crespo Díaz, Dolors Montserrat

Proposal for a directive

Recital 10 a (new)

Text proposed by the CommissionAmendment
(10a) The publication of environmental information should respect the protection of sensitive data, the security of installations, and the specific circumstances faced by family-owned livestock farms. Transparency should not result in the public disclosure of information that could disproportionately identify operators, reveal sensitive production-related or financial data, compromise the biosecurity of installations, or give rise to legal uncertainty and unwarranted pressure on food producers.

Or. es

Amendment 100

Ondřej Knotek, Jana Nagyová, Antonín Staněk, Anne-Sophie Frigout, Roman Haider

Proposal for a directive

Recital 11

Text proposed by the CommissionAmendment
(11) With a view to simplifying requirements on operators and reducing their administrative burden, the requirement set out in Article 14a(4) of Directive 2010/75/EU for the EMS to be audited should be deleted as other EMS schemes such as EMAS or ISO 14001, already contain provisions regarding regular internal and external auditing.deleted

Or. en

Amendment 101

Thomas Bajada, Annalisa Corrado

Proposal for a directive

Recital 11

Text proposed by the CommissionAmendment
(11) With a view to simplifying requirements on operators and reducing their administrative burden, the requirement set out in Article 14a(4) of Directive 2010/75/EU for the EMS to be audited should be deleted as other EMS schemes such as EMAS or ISO 14001, already contain provisions regarding regular internal and external auditing.(11) With a view to simplifying requirements on operators and reducing their administrative burden, the requirement set out in Article 14a(4) of Directive 2010/75/EU for the EMS to be audited should not apply where the EMS implemented by the operator already includes provisions for regular internal and external auditing providing an equivalent level of assurance, such as is the case under schemes including EMAS or ISO 14001. Where the EMS implemented by the operator does not include such auditing provisions, the operator shall perform auditing in accordance with the requirement set out in Article 14a(4) of Directive 2010/75/EU, to ensure that all installations benefit from an equivalent level of independent scrutiny of their environmental management system.

Or. en

Amendment 102

Jutta Paulus

Proposal for a directive

Recital 11

Text proposed by the CommissionAmendment
(11) With a view to simplifying requirements on operators and reducing their administrative burden, the requirement set out in Article 14a(4) of Directive 2010/75/EU for the EMS to be audited should be deleted as other EMS schemes such as EMAS or ISO 14001, already contain provisions regarding regular internal and external auditing.(11) To avoid duplications with specific provisions regarding regular internal and external auditing contained in EMS schemes, such as EMAS or ISO 14001, the requirement set out in Article 14a(4) of Directive 2010/75/EU for the EMS to be audited and verified should be simplified. This will reduce administrative burden for operators using those schemes.

Or. en

Amendment 103

Michal Wiezik, Martin Hojsík

Proposal for a directive

Recital 11

Text proposed by the CommissionAmendment
(11) With a view to simplifying requirements on operators and reducing their administrative burden, the requirement set out in Article 14a(4) of Directive 2010/75/EU for the EMS to be audited should be deleted as other EMS schemes such as EMAS or ISO 14001, already contain provisions regarding regular internal and external auditing.(11) With a view to simplifying requirements on operators and reducing their administrative burden, the requirement set out in Article 14a(4) of Directive 2010/75/EU for the EMS to be audited should be deleted where other EMS schemes such as EMAS or ISO 14001 cover the same elements, as they already contain provisions regarding regular internal and external auditing.

Or. en

Amendment 104

Ondřej Knotek, Jana Nagyová, Antonín Staněk, Anne-Sophie Frigout, Roman Haider

Proposal for a directive

Recital 12

Text proposed by the CommissionAmendment
(12) With a view to simplifying requirements on operators and reducing their administrative burden, the requirement set out in Article 14a(4) of Directive 2010/75/EU for operators to prepare and implement an EMS by 2027 should be postponed to 2030. Such EMS should be prepared in accordance with the revised Article 14a.deleted

Or. en

Amendment 105

Michal Wiezik, Martin Hojsík

Proposal for a directive

Recital 12

Text proposed by the CommissionAmendment
(12) With a view to simplifying requirements on operators and reducing their administrative burden, the requirement set out in Article 14a(4) of Directive 2010/75/EU for operators to prepare and implement an EMS by 2027 should be postponed to 2030. Such EMS should be prepared in accordance with the revised Article 14a.(12) In order to provide more time to operators to comply with the obligations related to an EMS, the requirement set out in Article 14a(4) of Directive 2010/75/EU for operators to prepare and implement an EMS by 2027 should be postponed to 2028. Such EMS should be prepared in accordance with the revised Article 14a of that Directive, reducing the administrative burden, while maintaining structured approach towards continuous improvement of the environmental performance, safety of the installation and management of environmental risks.

Or. en

Amendment 106

Jutta Paulus

Proposal for a directive

Recital 12

Text proposed by the CommissionAmendment
(12) With a view to simplifying requirements on operators and reducing their administrative burden, the requirement set out in Article 14a(4) of Directive 2010/75/EU for operators to prepare and implement an EMS by 2027 should be postponed to 2030. Such EMS should be prepared in accordance with the revised Article 14a.(12) In light of the Commission’s failure to comply with the deadline of 31 December 2025 for adopting an implementing act on information relevant for publication, and in light of the uncertainty created by the reopening of Directive 2010/75/EU, the requirement set out in Article 14a(4) of that Directive for operators to prepare and implement an EMS by 2027 should be postponed to 2030. Such EMS should be prepared in accordance with the revised Article 14a.

Or. en

Amendment 107

Anna Zalewska

Proposal for a directive

Recital 12

Text proposed by the CommissionAmendment
(12) With a view to simplifying requirements on operators and reducing their administrative burden, the requirement set out in Article 14a(4) of Directive 2010/75/EU for operators to prepare and implement an EMS by 2027 should be postponed to 2030. Such EMS should be prepared in accordance with the revised Article 14a.(12) With a view to simplifying requirements on operators and reducing their administrative burden, the requirement set out in Article 14a(4) of Directive 2010/75/EU for operators to prepare and implement an EMS by 2027 should be postponed to 2032. Such EMS should be prepared in accordance with the revised Article 14a.

Or. en

Amendment 108

Ondřej Knotek, Jana Nagyová, Antonín Staněk, Anne-Sophie Frigout, Roman Haider

Proposal for a directive

Recital 13

Text proposed by the CommissionAmendment
(13) With a view to simplifying requirements and reducing administrative burden stemming from the implementation of Directive 2010/75/EU, the requirement set out in Article 27d of that Directive that Member States should require from operators by 30 June 2030 the inclusion in their EMS an indicative transformation plan should be deleted. References to transformation plans and to Article 27d which are present in Article 14a(2) point (f), and Articles 27e and 76 of Directive 2010/75/EU need to be deleted accordingly.deleted

Or. en

Amendment 109

Martin Günther, Sebastian Everding, Per Clausen

Proposal for a directive

Recital 13

Text proposed by the CommissionAmendment
(13) With a view to simplifying requirements and reducing administrative burden stemming from the implementation of Directive 2010/75/EU, the requirement set out in Article 27d of that Directive that Member States should require from operators by 30 June 2030 the inclusion in their EMS an indicative transformation plan should be deleted. References to transformation plans and to Article 27d which are present in Article 14a(2) point (f), and Articles 27e and 76 of Directive 2010/75/EU need to be deleted accordingly.deleted

Or. en

Amendment 110

Jutta Paulus

Proposal for a directive

Recital 13

Text proposed by the CommissionAmendment
(13) With a view to simplifying requirements and reducing administrative burden stemming from the implementation of Directive 2010/75/EU, the requirement set out in Article 27d of that Directive that Member States should require from operators by 30 June 2030 the inclusion in their EMS an indicative transformation plan should be deleted. References to transformation plans and to Article 27d which are present in Article 14a(2) point (f), and Articles 27e and 76 of Directive 2010/75/EU need to be deleted accordingly.(13) With a view to facilitating compliance with the requirements set out in Article 27d of Directive 2010/75/EU, the Commission should adopt an implementing act specifying the circumstances in which elements of the transformation plans are developed in accordance with other Union legislation and are compliant with the obligations of this Directive, thus requiring only a cross-reference in the transformation plans to those elements.

Or. en

Amendment 111

Thomas Bajada, Annalisa Corrado

Proposal for a directive

Recital 13

Text proposed by the CommissionAmendment
(13) With a view to simplifying requirements and reducing administrative burden stemming from the implementation of Directive 2010/75/EU, the requirement set out in Article 27d of that Directive that Member States should require from operators by 30 June 2030 the inclusion in their EMS an indicative transformation plan should be deleted. References to transformation plans and to Article 27d which are present in Article 14a(2) point (f), and Articles 27e and 76 of Directive 2010/75/EU need to be deleted accordingly.(13) The requirement set out in Article 27d of Directive 2010/75/EU that Member States should require from operators by 30 June 2030 the inclusion in their EMS an indicative transformation plan should be maintained.

Or. en

Amendment 112

Anna Zalewska

Proposal for a directive

Recital 13

Text proposed by the CommissionAmendment
(13) With a view to simplifying requirements and reducing administrative burden stemming from the implementation of Directive 2010/75/EU, the requirement set out in Article 27d of that Directive that Member States should require from operators by 30 June 2030 the inclusion in their EMS an indicative transformation plan should be deleted. References to transformation plans and to Article 27d which are present in Article 14a(2) point (f), and Articles 27e and 76 of Directive 2010/75/EU need to be deleted accordingly.(13) With a view to simplifying requirements and reducing administrative burden stemming from the implementation of Directive 2010/75/EU, the requirement set out in Article 27d of that Directive that Member States should require from operators by 30 June 2032 the inclusion in their EMS an indicative transformation plan should be deleted. References to transformation plans and to Article 27d which are present in Article 14a(2) point (f), and Articles 27e and 76 of Directive 2010/75/EU need to be deleted accordingly.

Or. en

Amendment 113

Jutta Paulus

Proposal for a directive

Recital 13 a (new)

Text proposed by the CommissionAmendment
(13a) Considering the importance of deep industrial transformations for the achievement of Union’s climate neutrality, zero-pollution and circularity long-term goals, and considering the large scale, technical complexity, and long investment cycles inherent to deep industrial transformations, Directive 2010/75/EU has introduced the possibility for competent authorities to extend the period for the installations undergoing such transformation to comply with the updated permit conditions up to a total of eight years maximum, provided certain conditions are fulfilled. Compliance within those eight years will be facilitated by new Union rules simplifying permit-granting, lenient Union rules for state aid support to clean industrial investments, and increased Union financial support to such investments.

Or. en

Amendment 114

Anna Zalewska

Proposal for a directive

Recital 13 a (new)

Text proposed by the CommissionAmendment
(13a) Deep industrial transformation projects may face exceptional circumstances beyond the control of operators that prevent compliance within the eight-year period referred to in Article 27e of Directive 2010/75/EU, including the scale, technical complexity, investment cycle, construction schedule, permitting requirements, or dependency on enabling infrastructure such as hydrogen networks, carbon capture and storage infrastructure, or renewable energy supply. In such duly justified exceptional cases, a limited extension of that period, for such time as is strictly necessary, should be available, provided that the delay is not attributable to circumstances within the operator's control.

Or. en

Amendment 115

Jeannette Baljeu, Andreas Glück, Ilhan Kyuchyuk, Ana Vasconcelos, Katri Kulmuni

Proposal for a directive

Recital 14 a (new)

Text proposed by the CommissionAmendment
(14a) The alignment of point 2.2 of Annex I to Directive 2010/75/EU with the scope of Directive 2003/87/EC should clarify the application of Directive 2010/75/EU to innovative low-carbon iron and steel production techniques, including direct reduction using hydrogen or other low-carbon energy carriers. That alignment should facilitate the permitting of cleaner production routes replacing conventional processes and should not lead to unnecessary, duplicative or disproportionate permitting requirements for such techniques, while fully maintaining the application of best available techniques and the protection of human health and the environment.

Or. en

Justification

The deletion of the word “pig” in point 2.2 is intended to clarify the scope of the Directive and facilitate cleaner steel production techniques such as direct reduction. This clarification ensures that innovative low-carbon processes are not discouraged by unnecessary or duplicative permitting burdens, while preserving the IED framework and BAT-based environmental protection.

Amendment 116

Jutta Paulus

Proposal for a directive

Recital 15

Text proposed by the CommissionAmendment
(15) Directive 2010/75/EU on industrial and livestock rearing emissions does not currently include organic pig farms in its scope, while it includes organic poultry farms in it. With a view to ensuring a coherent approach for the organic livestock sector, and given that the organic poultry sector is already subject to specific legislation, it is appropriate to remove organic poultry farms from the scope of the directive.(15) Directive 2010/75/EU on industrial and livestock rearing emissions does not currently include organic pig farms in its scope, while it includes organic poultry farms. It is appropriate to require the Commission to analyse, as part of the report to be submitted by 31 December 2026, potential options for a more coherent regulatory approach for the organic livestock sector, and to assess the environmental, social and economic impacts of such options, in line with the Better Regulation agenda.

Or. en

Amendment 117

Michal Wiezik, Martin Hojsík

Proposal for a directive

Recital 15 a (new)

Text proposed by the CommissionAmendment
(15a) Directive 2010/75/EU, as amended in 2024 by Directive (EU) 2024/1785, brought about the change whereby places as a unit relevant for calculating the threshold above which pig and poultry installations or their mix are included within the scope was replaced by livestock units. The livestock unit (LSU) is the standard measurement unit used in the Union policies. The system put in place is also more suitable for any situation of a reduction in numbers of animals, including for cases where a farmer considers a voluntary transition to a more extensive rearing system. The proposal of the common agricultural policy has introduced a new, voluntary transition agri-environment scheme including for extensification of livestock production, which is consistent with the rules of this Directive.

Or. en

Amendment 118

Ondřej Knotek, Jana Nagyová, Antonín Staněk, Anne-Sophie Frigout, Roman Haider

Proposal for a directive

Recital 15 a (new)

Text proposed by the CommissionAmendment
(15a) In order to simplify and enhance legal certainty in the application of derogations from emission levels associated with the best available techniques, it is appropriate to introduce in Directive 2010/75/EU, in clearly defined circumstances, a rebuttable presumption that the costs of achieving such emission levels are disproportionate to the corresponding environmental benefits.

Or. en

Amendment 119

Michal Wiezik, Martin Hojsík

Proposal for a directive

Recital 15 b (new)

Text proposed by the CommissionAmendment
(15b) Proliferation of intensive livestock installations across Europe requires a recognition that the control of pollution is an absolute necessity as the high concentration of livestock in respective areas could otherwise come at an enormous cost for environment, human health and quality of life. In 2025, an administrative court of a Member State found that the fundamental rights of the local residents had been violated by preventing them from enjoying a healthy environment due to the pollution from intensive livestock farms1a, whereby high nitrogen pollution had given rise to presence of bacteria in the discharging environment with a count of more than 30 million bacteria per millilitre of water, some of which were resistant to antimicrobials1b.
1a as reported e.g. in https://www.poderjudicial.es/cgpj/es/Poder-Judicial/Tribunales-Superiores-de-Justicia/TSJ-Galicia/Noticias-Judiciales-TSJ-Galicia/El-TSXG-condena-a-la-Xunta-y-la-Confederacion-Hidrografica-del-Mino-Sil-por-la-contaminacion-del-embalse-de-As-Conchas
1b https://elpais.com/clima-y-medio-ambiente/2025-03-25/la-vida-al-borde-de-uno-de-los-embalses-mas-contaminados-de-espana-apesta-a-cerdo.html

Or. en

Amendment 120

Michal Wiezik, Martin Hojsík

Proposal for a directive

Recital 15 c (new)

Text proposed by the CommissionAmendment
(15c) This Directive is at a forefront of the efforts to ensure appropriate prevention and control of polluting substances and to guarantee that citizens of the Union have a supply of clean, safe drinking water, free of microorganisms and chemicals. This approach indirectly supports also the right to stay, as intensive livestock installations might increasingly find their way to the least populated regions of Europe and the quality of life and environment needs to be guaranteed to prevent further depopulation of these areas of the Union.

Or. en

Amendment 121

Michal Wiezik, Martin Hojsík

Proposal for a directive

Recital 15 d (new)

Text proposed by the CommissionAmendment
(15d) In order to better equip authorities for the implementation of this Directive, more clarity is provided around the application of the aggregation rule for livestock installations. It allows authorities to deploy further criteria for installations to be potentially considered a single unit, making the prevention and control of pollution at source more effective and improving protection of environment and human health.

Or. en

Amendment 122

Michal Wiezik, Martin Hojsík

Proposal for a directive

Recital 15 e (new)

Text proposed by the CommissionAmendment
(15e) Nitrate levels in source water have increased as a result of agricultural intensification, which has subsequently increased nitrate contamination in drinking water.1a Recent epidemiological evidence suggests that a link exists between ingested nitrate via drinking water and increased cancer risk, with the best evidence for colorectal cancer1b. The higher the exposure to these compounds, the greater the risk of colorectal cancer in the population. The risk of other types of cancer is also suspected but based on the data currently available, no conclusion can be drawn as to a causal relationship1c. The effective way of controlling nitrate concentrations in drinking water, and prevention of economic burden of nitrate-attributable colorectal cancer, is the prevention of water pollution.
1a Tim Chambers, Jeroen Douwes, Andrea't Mannetje, Alistair Woodward, Michael Baker, Nick Wilson, Simon Hales, Nitrate in drinking water and cancer risk: the biological mechanism, epidemiological evidence and future research, Australian and New Zealand Journal of Public Health, Volume 46, Issue 2, 2022, Pages 105-108, ISSN 1326-0200, https://doi.org/10.1111/1753-6405.13222.
1b Dorit W. Erichsen, Nicola P. Bondonno, Pratik Pokharel, Susanne Rosthøj, Catherine P. Bondonno, Liezhou Zhong, Jörg Schullehner, Torben Sigsgaard, Peter Fjeldstad Hendriksen, Frederik Dalgaard, Ole Raaschou-Nielsen, Jonathan M. Hodgson, Christina C. Dahm, Anja Olsen, Anne Tjønneland, Cecilie Kyrø, Source-specific nitrate and nitrite intake and association with colorectal cancer in the Danish Diet, Cancer and Health Cohort, Environment International, Volume 202, 2025, 109658, ISSN 0160-4120, https://doi.org/10.1016/j.envint.2025.109658.
1c https://www.anses.fr/en/content/reducing-dietary-exposure-nitrites-and-nitrates

Or. en

Justification

we understand that the burden on some installations (albeit a small minority of all agri installations need to implement control of pollution in accordance with this Directive) is a matter of concern for some, but what might not be well appreciated, by some, is the cost of this pollution. EPRS was very helpful and assisted is in better substantiation of what is already at stake if nothing is done- including the health of Union citizens.

Amendment 123

Martin Günther, Sebastian Everding, Per Clausen

Proposal for a directive

Recital 16

Text proposed by the CommissionAmendment
(16) Under the current rules, unweaned piglets count in addition to the sows when calculating the capacity of livestock installations. Given that unweaned piglets are only causing low emissions, it is appropriate to adjust the conversion rate used to calculate the LSU level of an installation, so that unweaned piglets are not counted for the calculation of the installation capacity.deleted

Or. en

Amendment 124

Michal Wiezik, Martin Hojsík

Proposal for a directive

Recital 16

Text proposed by the CommissionAmendment
(16) Under the current rules, unweaned piglets count in addition to the sows when calculating the capacity of livestock installations. Given that unweaned piglets are only causing low emissions, it is appropriate to adjust the conversion rate used to calculate the LSU level of an installation, so that unweaned piglets are not counted for the calculation of the installation capacity.(16) Recent studies have demonstrated that the agricultural sector alone contributes an estimated 72 500 annual deaths and associated health problems, and that the economic cost of implementing strategies to minimise emissions is significantly outweighed by the benefits to human and ecosystem health1a. The precautionary principle, and the principles that preventive action should be taken, and that environmental damage should as a priority be rectified at source should be applied, in the public health and environmental interest. Application of those principles should not leave anybody behind, as the public funding, including Union funding, should be provided where applicable to support investments necessary to contribute to compliance with the new requirements, and provisions to ensure fair prices of production in agriculture and a fair standard of living for the agricultural community are addressed via other pieces of sectoral legislation. Nonetheless, under the current rules, unweaned piglets count in addition to the sows when calculating the capacity of livestock installations. Given that unweaned piglets only cause lower emissions, it is acceptable to adjust the conversion rate used to calculate the LSU level of an installation, so that unweaned piglets are not counted for the calculation of the installation capacity and that the first stage of development of pigs counted towards the threshold is weaners ≤ 20 kg. The only other change brought about affecting the Annex Ia animal classes and their conversion rates in this Directive is a new category of pullets, given that the revision of Directive 2010/75/EC in 2024 unintentionally omitted this poultry class.
1a Centre for Research on Energy and Clean Air (CREA), 2023: Upgrading Europe’s air: How a strong Industrial Emissions Directive can save lives and money. available at: https://energyandcleanair.org/wp/wp-content/uploads/2023/04/CREA_Upgrading-Europes-Air.pdf

Or. en

Justification

If there are 1000 breeding sows and every one of them has 9 little ones, with two litters per year, thus making them present all year round, it surely isnt necessarily ´´low emissions´´. For the purpose of simplification we could however agree to this provision, only making it clearer that the category of less or equal to 20 kg doesnt contain unweaned piglets.

Amendment 125

Jutta Paulus

Proposal for a directive

Recital 16

Text proposed by the CommissionAmendment
(16) Under the current rules, unweaned piglets count in addition to the sows when calculating the capacity of livestock installations. Given that unweaned piglets are only causing low emissions, it is appropriate to adjust the conversion rate used to calculate the LSU level of an installation, so that unweaned piglets are not counted for the calculation of the installation capacity.(16) Under the current rules, unweaned piglets count in addition to the sows when calculating the capacity of livestock installations. It is appropriate to require the Commission to analyse, as part of the report to be submitted by 31 December 2026, potential adjustments to the conversion rate used to calculate the LSU level of an installation, including the option of excluding unweaned piglets from the calculations, and assess the environmental, social and economic impacts of such options, in line with the Better Regulation agenda.

Or. en

Amendment 126

Michal Wiezik, Martin Hojsík

Proposal for a directive

Recital 16 a (new)

Text proposed by the CommissionAmendment
(16a) Directive (EU) 2026/805 establishes monitoring obligations for indicators of antimicrobial resistance, to be included on the watchlist, in accordance with Article 6a of Directive 2006/118/EC in groundwater and in accordance with Article 8b of Directive 2008/105/EC in surface water. Pursuant Directive (EU) 2026/805, Member States, when selecting representative monitoring stations, should take into account the possibility of the indicators occurring. Member States may therefore establish monitoring stations in the discharging area of livestock installations covered by this Directive.

Or. en

Amendment 127

Carmen Crespo Díaz, Dolors Montserrat

Proposal for a directive

Recital 16 a (new)

Text proposed by the CommissionAmendment
(16a) In order to ensure that the provisions relating to livestock-rearing activities are applied uniformly, predictably and proportionately, their scope and compliance schedule should be based on criteria that are objective, verifiable and easy for operators and the competent authorities to apply. Thresholds expressed in terms of places or production capacity provide greater legal certainty than conversion methods based on larger livestock-rearing units, which can give rise to administrative complexity and differences in interpretation.

Or. es

Amendment 128

Carmen Crespo Díaz, Dolors Montserrat

Proposal for a directive

Recital 16 b (new)

Text proposed by the CommissionAmendment
(16b) The inclusion of new livestock farms within the scope of Directive 2010/75/EU should respect the principle of proportionality and take into account the real impact of such farms on global emissions, as well as the economic and administrative burden imposed on operators. EU legislation should not hasten the disappearance of viable farms or foster a concentration of production based on disproportionate bureaucratic obligations.

Or. es

Amendment 129

Martin Günther, Sebastian Everding, Per Clausen

Proposal for a directive

Recital 17

Text proposed by the CommissionAmendment
(17) In order to simplify the transition towards clean energy and low carbon technologies, it is appropriate to enable the deployment of hydrogen-based industrial processes, as hydrogen combustion does not produce CO2. However, when the hydrogen content of the fuel increases, NOx emissions also increase, whereas the limit values for NOx emissions currently set out in Annex V to Directive 2010/75/EU and Annex II to Directive (EU) 2015/2193 of the European Parliament and of the Council17 do not take into account such increase of the use of hydrogen. Therefore, to simplify the use of hydrogen as a fuel, the emission limit values set out in point 6 of Part 1 and point 6 of Part 2 of Annex V to Directive 2010/75/EU, as well as in in Annex II of Directive (EU) 2015/2193, should not be applicable to combustion plants firing gas with more than 20 % (by volume) of hydrogen. For such plants, Member States should ensure that the overall load of NOx eventually released into the air over one year is not increased compared to the situation where the emissions from the installation concerned would remain compliant with the emission limit values set out for NOx for the combustion of natural gas, without prejudice to stricter measures required pursuant to Article 18 of Directive 2010/75/EU and Article 6(9) of Directive (EU) 2015/2193. In such cases, monitoring and compliance assessment should be adjusted accordingly.(17) In order to simplify the transition towards clean energy and low carbon technologies, it is appropriate to enable the deployment of hydrogen-based industrial processes, as hydrogen combustion does not produce CO2. However, when the hydrogen content of the fuel increases, NOx emissions also increase, whereas the limit values for NOx emissions currently set out in Annex V to Directive 2010/75/EU and Annex II to Directive (EU) 2015/2193 of the European Parliament and of the Council17 do not take into account such increase of the use of hydrogen. Therefore, to simplify the use of hydrogen as a fuel, the emission limit values set out in point 6 of Part 1 and point 6 of Part 2 of Annex V to Directive 2010/75/EU, as well as in in Annex II of Directive (EU) 2015/2193, should not be applicable to combustion plants firing gas with more than 20 % (by volume) of hydrogen provided that the hydrogen is sourced from fossil-free sources, preferably renewable sources and its use results in a substantial reduction in lifecycle greenhouse gas emissions compared to conventional fossil fuel combustion and contributes to the deep industrial transformation referred to in Article 3(9a) of Directive 2024/1785/EU . For such plants, Member States should ensure that the overall load of NOx eventually released into the air over one year is not increased compared to the situation where the emissions from the installation concerned would remain compliant with the emission limit values set out for NOx for the combustion of natural gas, without prejudice to stricter measures required pursuant to Article 18 of Directive 2010/75/EU and Article 6(9) of Directive (EU) 2015/2193. In such cases, monitoring and compliance assessment should be adjusted accordingly.
17 Directive (EU) 2015/2193 of the European Parliament and of the Council of 25 November 2015 on the limitation of emissions of certain pollutants into the air from medium combustion plants (OJ L 313, 28.11.2015, p.1, ELI: http://data.europa.eu/eli/dir/2015/2193/oj).17 Directive (EU) 2015/2193 of the European Parliament and of the Council of 25 November 2015 on the limitation of emissions of certain pollutants into the air from medium combustion plants (OJ L 313, 28.11.2015, p.1, ELI: http://data.europa.eu/eli/dir/2015/2193/oj).

Or. en

Amendment 130

Michal Wiezik, Martin Hojsík

Proposal for a directive

Recital 17

Text proposed by the CommissionAmendment
(17) In order to simplify the transition towards clean energy and low carbon technologies, it is appropriate to enable the deployment of hydrogen-based industrial processes, as hydrogen combustion does not produce CO2. However, when the hydrogen content of the fuel increases, NOx emissions also increase, whereas the limit values for NOx emissions currently set out in Annex V to Directive 2010/75/EU and Annex II to Directive (EU) 2015/2193 of the European Parliament and of the Council17 do not take into account such increase of the use of hydrogen. Therefore, to simplify the use of hydrogen as a fuel, the emission limit values set out in point 6 of Part 1 and point 6 of Part 2 of Annex V to Directive 2010/75/EU, as well as in in Annex II of Directive (EU) 2015/2193, should not be applicable to combustion plants firing gas with more than 20 % (by volume) of hydrogen. For such plants, Member States should ensure that the overall load of NOx eventually released into the air over one year is not increased compared to the situation where the emissions from the installation concerned would remain compliant with the emission limit values set out for NOx for the combustion of natural gas, without prejudice to stricter measures required pursuant to Article 18 of Directive 2010/75/EU and Article 6(9) of Directive (EU) 2015/2193. In such cases, monitoring and compliance assessment should be adjusted accordingly.(17) In order to simplify the transition towards clean energy and low carbon technologies, it is appropriate to enable the deployment of hydrogen-based industrial processes, as hydrogen combustion does not produce CO2. However, when the hydrogen content of the fuel increases, NOx emissions also increase, whereas the limit values for NOx emissions currently set out in Annex V to Directive 2010/75/EU and Annex II to Directive (EU) 2015/2193 of the European Parliament and of the Council17 do not take into account such increase of the use of hydrogen. Therefore, to simplify the use of hydrogen as a fuel, the emission limit values set out in point 6 of Part 1 and point 6 of Part 2 of Annex V to Directive 2010/75/EU, as well as in in Annex II of Directive (EU) 2015/2193, should not be applicable to combustion plants firing gas with more than 20 % (by volume) of hydrogen provided that hydrogen is sourced from fossil-free sources, preferably renewable sources and its use results in a significant reduction in lifecycle greenhouse gas emissions compared to conventional fossil fuel combustion and contributes to the deep industrial transformation of the installation. For such plants, Member States should ensure that the overall load of NOx eventually released into the air over one year is not increased compared to the situation where the emissions from the installation concerned would remain compliant with the emission limit values set out for NOx for the combustion of natural gas, without prejudice to stricter measures required pursuant to Article 18 of Directive 2010/75/EU and Article 6(9) of Directive (EU) 2015/2193. In such cases, monitoring and compliance assessment should be adjusted accordingly.
17 Directive (EU) 2015/2193 of the European Parliament and of the Council of 25 November 2015 on the limitation of emissions of certain pollutants into the air from medium combustion plants (OJ L 313, 28.11.2015, p.1, ELI: http://data.europa.eu/eli/dir/2015/2193/oj).17 Directive (EU) 2015/2193 of the European Parliament and of the Council of 25 November 2015 on the limitation of emissions of certain pollutants into the air from medium combustion plants (OJ L 313, 28.11.2015, p.1, ELI: http://data.europa.eu/eli/dir/2015/2193/oj).

Or. en

Amendment 131

Ondřej Knotek, Jana Nagyová, Antonín Staněk, Anne-Sophie Frigout

Proposal for a directive

Recital 17

Text proposed by the CommissionAmendment
(17) In order to simplify the transition towards clean energy and low carbon technologies, it is appropriate to enable the deployment of hydrogen-based industrial processes, as hydrogen combustion does not produce CO2. However, when the hydrogen content of the fuel increases, NOx emissions also increase, whereas the limit values for NOx emissions currently set out in Annex V to Directive 2010/75/EU and Annex II to Directive (EU) 2015/2193 of the European Parliament and of the Council17 do not take into account such increase of the use of hydrogen. Therefore, to simplify the use of hydrogen as a fuel, the emission limit values set out in point 6 of Part 1 and point 6 of Part 2 of Annex V to Directive 2010/75/EU, as well as in in Annex II of Directive (EU) 2015/2193, should not be applicable to combustion plants firing gas with more than 20 % (by volume) of hydrogen. For such plants, Member States should ensure that the overall load of NOx eventually released into the air over one year is not increased compared to the situation where the emissions from the installation concerned would remain compliant with the emission limit values set out for NOx for the combustion of natural gas, without prejudice to stricter measures required pursuant to Article 18 of Directive 2010/75/EU and Article 6(9) of Directive (EU) 2015/2193. In such cases, monitoring and compliance assessment should be adjusted accordingly.(17) In order to simplify the transition towards clean energy and low carbon technologies, it is appropriate to enable the deployment of hydrogen-based industrial processes, as hydrogen combustion does not produce CO2. However, when the hydrogen content of the fuel increases, NOx emissions also increase, whereas the limit values for NOx emissions currently set out in Annex V to Directive 2010/75/EU and Annex II to Directive (EU) 2015/2193 of the European Parliament and of the Council17 do not take into account such increase of the use of hydrogen. Therefore, to simplify the use of hydrogen as a fuel, the emission limit values set out in point 6 of Part 1 and point 6 of Part 2 of Annex V to Directive 2010/75/EU, as well as in in Annex II of Directive (EU) 2015/2193, should not be applicable to combustion plants firing gas with more than 5 % (by volume) of hydrogen. This without prejudice to stricter measures required pursuant to Article 18 of Directive 2010/75/EU and Article 6(9) of Directive (EU) 2015/2193. In such cases, monitoring and compliance assessment should be adjusted accordingly.
17 Directive (EU) 2015/2193 of the European Parliament and of the Council of 25 November 2015 on the limitation of emissions of certain pollutants into the air from medium combustion plants (OJ L 313, 28.11.2015, p.1, ELI: http://data.europa.eu/eli/dir/2015/2193/oj).17 Directive (EU) 2015/2193 of the European Parliament and of the Council of 25 November 2015 on the limitation of emissions of certain pollutants into the air from medium combustion plants (OJ L 313, 28.11.2015, p.1, ELI: http://data.europa.eu/eli/dir/2015/2193/oj).

Or. en

Amendment 132

Jutta Paulus

Proposal for a directive

Recital 17

Text proposed by the CommissionAmendment
(17) In order to simplify the transition towards clean energy and low carbon technologies, it is appropriate to enable the deployment of hydrogen-based industrial processes, as hydrogen combustion does not produce CO2. However, when the hydrogen content of the fuel increases, NOx emissions also increase, whereas the limit values for NOx emissions currently set out in Annex V to Directive 2010/75/EU and Annex II to Directive (EU) 2015/2193 of the European Parliament and of the Council17 do not take into account such increase of the use of hydrogen. Therefore, to simplify the use of hydrogen as a fuel, the emission limit values set out in point 6 of Part 1 and point 6 of Part 2 of Annex V to Directive 2010/75/EU, as well as in in Annex II of Directive (EU) 2015/2193, should not be applicable to combustion plants firing gas with more than 20 % (by volume) of hydrogen. For such plants, Member States should ensure that the overall load of NOx eventually released into the air over one year is not increased compared to the situation where the emissions from the installation concerned would remain compliant with the emission limit values set out for NOx for the combustion of natural gas, without prejudice to stricter measures required pursuant to Article 18 of Directive 2010/75/EU and Article 6(9) of Directive (EU) 2015/2193. In such cases, monitoring and compliance assessment should be adjusted accordingly.(17) In order to simplify the transition towards clean energy and low carbon technologies, it is appropriate to enable the deployment of hydrogen-based industrial processes, as hydrogen combustion does not produce CO2. However, when the hydrogen content of the fuel increases, NOx emissions also increase, whereas the limit values for NOx emissions currently set out in Annex V to Directive 2010/75/EU and Annex II to Directive (EU) 2015/2193 of the European Parliament and of the Council17 do not take into account such increase of the use of hydrogen. Therefore, to simplify the use of hydrogen as a fuel, the emission limit values set out in point 6 of Part 1 and point 6 of Part 2 of Annex V to Directive 2010/75/EU, as well as in in Annex II of Directive (EU) 2015/2193, should not be applicable to combustion plants firing gas with more than 20 % (by volume) of hydrogen, provided the substitution by hydrogen of previously used fuel results in at least 15% total greenhouse gas emissions reduction. For such plants, Member States should ensure that the overall load of NOx eventually released into the air over one year is not increased compared to the situation where the emissions from the installation concerned would remain compliant with the emission limit values set out for NOx for the combustion of natural gas, without prejudice to stricter measures required pursuant to Article 18 of Directive 2010/75/EU and Article 6(9) of Directive (EU) 2015/2193. In such cases, monitoring and compliance assessment should be adjusted accordingly.
17 Directive (EU) 2015/2193 of the European Parliament and of the Council of 25 November 2015 on the limitation of emissions of certain pollutants into the air from medium combustion plants (OJ L 313, 28.11.2015, p.1, ELI: http://data.europa.eu/eli/dir/2015/2193/oj).17 Directive (EU) 2015/2193 of the European Parliament and of the Council of 25 November 2015 on the limitation of emissions of certain pollutants into the air from medium combustion plants (OJ L 313, 28.11.2015, p.1, ELI: http://data.europa.eu/eli/dir/2015/2193/oj).

Or. en

Amendment 133

Thomas Bajada, Annalisa Corrado

Proposal for a directive

Recital 17

Text proposed by the CommissionAmendment
(17) In order to simplify the transition towards clean energy and low carbon technologies, it is appropriate to enable the deployment of hydrogen-based industrial processes, as hydrogen combustion does not produce CO2. However, when the hydrogen content of the fuel increases, NOx emissions also increase, whereas the limit values for NOx emissions currently set out in Annex V to Directive 2010/75/EU and Annex II to Directive (EU) 2015/2193 of the European Parliament and of the Council17 do not take into account such increase of the use of hydrogen. Therefore, to simplify the use of hydrogen as a fuel, the emission limit values set out in point 6 of Part 1 and point 6 of Part 2 of Annex V to Directive 2010/75/EU, as well as in in Annex II of Directive (EU) 2015/2193, should not be applicable to combustion plants firing gas with more than 20 % (by volume) of hydrogen. For such plants, Member States should ensure that the overall load of NOx eventually released into the air over one year is not increased compared to the situation where the emissions from the installation concerned would remain compliant with the emission limit values set out for NOx for the combustion of natural gas, without prejudice to stricter measures required pursuant to Article 18 of Directive 2010/75/EU and Article 6(9) of Directive (EU) 2015/2193. In such cases, monitoring and compliance assessment should be adjusted accordingly.(17) In order to simplify the transition towards clean energy and low carbon technologies, it is appropriate to enable the deployment of hydrogen-based industrial processes, as hydrogen combustion does not produce CO2. However, when the hydrogen content of the fuel increases, NOx emissions also increase, whereas the limit values for NOx emissions currently set out in Annex V to Directive 2010/75/EU and Annex II to Directive (EU) 2015/2193 of the European Parliament and of the Council17 do not take into account such increase of the use of hydrogen. Therefore, to simplify the use of hydrogen as a fuel, the emission limit values set out in point 6 of Part 1 and point 6 of Part 2 of Annex V to Directive 2010/75/EU, as well as in in Annex II of Directive (EU) 2015/2193, should not be applicable to combustion plants firing gas with more than 30 % (by volume) of hydrogen. For such plants, Member States should ensure that the overall load of NOx eventually released into the air over one year is not increased compared to the situation where the emissions from the installation concerned would remain compliant with the emission limit values set out for NOx for the combustion of natural gas, without prejudice to stricter measures required pursuant to Article 18 of Directive 2010/75/EU and Article 6(9) of Directive (EU) 2015/2193. In such cases, monitoring and compliance assessment should be adjusted accordingly.
17 Directive (EU) 2015/2193 of the European Parliament and of the Council of 25 November 2015 on the limitation of emissions of certain pollutants into the air from medium combustion plants (OJ L 313, 28.11.2015, p.1, ELI: http://data.europa.eu/eli/dir/2015/2193/oj).17 Directive (EU) 2015/2193 of the European Parliament and of the Council of 25 November 2015 on the limitation of emissions of certain pollutants into the air from medium combustion plants (OJ L 313, 28.11.2015, p.1, ELI: http://data.europa.eu/eli/dir/2015/2193/oj).

Or. en

Amendment 134

Ondřej Knotek, Jana Nagyová, Antonín Staněk, Anne-Sophie Frigout

Proposal for a directive

Recital 17

Text proposed by the CommissionAmendment
(17) In order to simplify the transition towards clean energy and low carbon technologies, it is appropriate to enable the deployment of hydrogen-based industrial processes, as hydrogen combustion does not produce CO2. However, when the hydrogen content of the fuel increases, NOx emissions also increase, whereas the limit values for NOx emissions currently set out in Annex V to Directive 2010/75/EU and Annex II to Directive (EU) 2015/2193 of the European Parliament and of the Council17 do not take into account such increase of the use of hydrogen. Therefore, to simplify the use of hydrogen as a fuel, the emission limit values set out in point 6 of Part 1 and point 6 of Part 2 of Annex V to Directive 2010/75/EU, as well as in in Annex II of Directive (EU) 2015/2193, should not be applicable to combustion plants firing gas with more than 20 % (by volume) of hydrogen. For such plants, Member States should ensure that the overall load of NOx eventually released into the air over one year is not increased compared to the situation where the emissions from the installation concerned would remain compliant with the emission limit values set out for NOx for the combustion of natural gas, without prejudice to stricter measures required pursuant to Article 18 of Directive 2010/75/EU and Article 6(9) of Directive (EU) 2015/2193. In such cases, monitoring and compliance assessment should be adjusted accordingly.(17) In order to simplify the transition towards clean energy and low carbon technologies, it is appropriate to enable the deployment of hydrogen-based industrial processes, as hydrogen combustion does not produce CO2. However, when the hydrogen content of the fuel increases, NOx emissions also increase, whereas the limit values for NOx emissions currently set out in Annex V to Directive 2010/75/EU and Annex II to Directive (EU) 2015/2193 of the European Parliament and of the Council17 do not take into account such increase of the use of hydrogen. Therefore, to simplify the use of hydrogen as a fuel, the emission limit values set out in point 6 of Part 1 and point 6 of Part 2 of Annex V to Directive 2010/75/EU, as well as in in Annex II of Directive (EU) 2015/2193, should not be applicable to combustion plants firing gas with more than 5 % (by volume) of hydrogen. For such plants, Member States should ensure that the overall load of NOx eventually released into the air over one year is not increased compared to the situation where the emissions from the installation concerned would remain compliant with the emission limit values set out for NOx for the combustion of natural gas, without prejudice to stricter measures required pursuant to Article 18 of Directive 2010/75/EU and Article 6(9) of Directive (EU) 2015/2193. In such cases, monitoring and compliance assessment should be adjusted accordingly.
17 Directive (EU) 2015/2193 of the European Parliament and of the Council of 25 November 2015 on the limitation of emissions of certain pollutants into the air from medium combustion plants (OJ L 313, 28.11.2015, p.1, ELI: http://data.europa.eu/eli/dir/2015/2193/oj).17 Directive (EU) 2015/2193 of the European Parliament and of the Council of 25 November 2015 on the limitation of emissions of certain pollutants into the air from medium combustion plants (OJ L 313, 28.11.2015, p.1, ELI: http://data.europa.eu/eli/dir/2015/2193/oj).

Or. en

Amendment 135

Anna Zalewska

Proposal for a directive

Recital 17 a (new)

Text proposed by the CommissionAmendment
(17a) The requirement for competent authorities to set the strictest achievable emission limit values based on an analysis of the strictest end of the BAT-AEL range creates significant administrative burden, requiring operators to justify on a case-by-case basis for each BAT-AEL whether the strictest end of the range is achievable. Therefore, this requirement should be waived and the emission limit values should instead be set at technically and economically achievable levels within the full BAT-AEL range, demonstrating the best overall environmental performance of the installation.

Or. en

Amendment 136

Jutta Paulus

Proposal for a directive

Recital 17 a (new)

Text proposed by the CommissionAmendment
(17a) The requirement for competent authorities to set the strictest achievable emission limit values based on an analysis of the strictest end of the BAT-AEL is a key change introduced by the latest revision of Directive 2010/75/EU. As found by the impact assessment underpinning the latest revision, such change will drive further reduction of pollutant emissions, by providing an incentive to operators to invest in advanced techniques, while at the same time not placing a disproportionate burden on them.

Or. en

Amendment 137

Jutta Paulus

Proposal for a directive

Recital 18

Text proposed by the CommissionAmendment
(18) In order to simplify decarbonisation of industrial processes, it is appropriate to enable the use of oxy-fuel combustion, whereby oxygen-enriched combustion air facilitates capture of carbon dioxide. The higher the oxygen content in the injected air used for combustion, the lower the volume of air needed; and the concentration of pollutants would therefore be increased even if the quantity of pollutant (in mass) is not higher than for combustion with air. Enabling the use of oxy-fuel combustion under Directive 2010/75/EU and Directive (EU) 2015/2193 thus requires giving competent authorities flexibility to assess compliance with the emission limit values referred to in Article 30 of Directive 2010/75/EU and Article 6 of Directive (EU) 2015/2193.(18) In order to simplify decarbonisation of industrial processes, it is appropriate to enable the use of oxy-fuel combustion, whereby oxygen-enriched combustion air facilitates capture of carbon dioxide. The higher the oxygen content in the injected air used for combustion, the lower the volume of air needed; and the concentration of pollutants would therefore be increased even if the quantity of pollutant (in mass) is not higher than for combustion with air. Enabling the use of oxy-fuel combustion under Directive 2010/75/EU and Directive (EU) 2015/2193 thus requires giving competent authorities flexibility to assess compliance with the emission limit values referred to in Article 30 of Directive 2010/75/EU and Article 6 of Directive (EU) 2015/2193. For such plants which use oxy-fuel combustion, Member States should ensure that the overall load of pollutants eventually released into the air over one year is not increased compared to the situation where the emissions from the installation concerned remained compliant with the emission limit values set out under conventional air-firing conditions.

Or. en

Amendment 138

Thomas Bajada, Annalisa Corrado

Proposal for a directive

Recital 18

Text proposed by the CommissionAmendment
(18) In order to simplify decarbonisation of industrial processes, it is appropriate to enable the use of oxy-fuel combustion, whereby oxygen-enriched combustion air facilitates capture of carbon dioxide. The higher the oxygen content in the injected air used for combustion, the lower the volume of air needed; and the concentration of pollutants would therefore be increased even if the quantity of pollutant (in mass) is not higher than for combustion with air. Enabling the use of oxy-fuel combustion under Directive 2010/75/EU and Directive (EU) 2015/2193 thus requires giving competent authorities flexibility to assess compliance with the emission limit values referred to in Article 30 of Directive 2010/75/EU and Article 6 of Directive (EU) 2015/2193.(18) In order to simplify decarbonisation of industrial processes, it is appropriate to enable the use of oxy-fuel combustion, whereby oxygen-enriched combustion air facilitates capture of carbon dioxide. The higher the oxygen content in the injected air used for combustion, the lower the volume of air needed; and the concentration of pollutants would therefore be increased even if the quantity of pollutant (in mass) is not higher than for combustion with air. Enabling the use of oxy-fuel combustion under Directive 2010/75/EU and Directive (EU) 2015/2193 thus requires giving competent authorities flexibility to assess compliance with the emission limit values referred to in Article 30 of Directive 2010/75/EU and Article 6 of Directive (EU) 2015/2193. Member States should ensure that the mass emissions per unit of fuel input or industrial output does not exceed the emissions that would have occurred under conventional air combustion.

Or. en

Justification

Oxy-fuel combustion supports industrial decarbonisation because it uses oxygen-enriched combustion, which makes CO₂ easier to capture. However, this changes flue-gas characteristics, meaning pollutant concentrations may appear higher even if the total mass of pollution released is not higher. This modification allows competent authorities to adapt compliance assessment for this technology, but adds a safeguard that it must not lead to an overall increase in air pollutant emissions compared with conventional air combustion.

Amendment 139

Ondřej Knotek, Jana Nagyová, Antonín Staněk, Anne-Sophie Frigout, Roman Haider

Proposal for a directive

Recital 18 a (new)

Text proposed by the CommissionAmendment
(18a) In order to ensure that the objective of reducing administrative burdens is achieved in practice, Member States should avoid introducing additional reporting, registration, notification or information obligations for economic operators in areas harmonised by Union law. Such additional requirements may fragment the internal market and undermine the competitiveness benefits expected from this Directive.

Or. en

Justification

Anti-gold-plating clause

Amendment 140

Michal Wiezik, Martin Hojsík

Proposal for a directive

Recital 19

Text proposed by the CommissionAmendment
(19) Under Directive (EU) 2015/2193, Member States are allowed to exempt certain existing or new medium combustion plants used only occasionally as back-up generators during emergency situations and power outages and which do not operate more than a limited number of hours per year, from compliance with relevant emission limit values. Under those circumstances, such back-up generators are still submitted to periodic measurements in relation to their SO2, NOx, dust and CO emissions, even if such measurements are not used to assess compliance against the relevant emission limit values. In addition, the periodicity of such measurements does not distinguish between more recent - and thus more energy efficient back-up generators - and older ones. With a view to simplifying and reducing the administrative burden stemming from the current reporting requirements arising under Directive (EU) 2015/2193 in relation to SO2, NOx dust and CO emissions from recent back-up generators with a rated thermal input equal to or greater than 20 MW, it is appropriate to set a specific threshold for a minimum number of operating hours applicable to their use, below which the frequency of periodic measurements would be lowered. The more recent back-up generators are those that comply with the emission limits values applicable to non-road mobile machinery, category NRG in respect of Stage V controls, set out in Annex II to Regulation (EU) 2016/162818 on requirements relating to gaseous and particulate pollutant emission limits and type-approval for internal combustion engines for non-road mobile machinery. For those back-up generators, periodic measurement should take place after 1 500 operating hours have elapsed, or at least every five years.(19) Under Directive (EU) 2015/2193, Member States are allowed to exempt certain existing or new medium combustion plants used only occasionally as back-up generators during emergency situations and power outages and which do not operate more than a limited number of hours per year, from compliance with relevant emission limit values. Under those circumstances, such back-up generators are still submitted to periodic measurements in relation to their SO2, NOx, dust and CO emissions, even if such measurements are not used to assess compliance against the relevant emission limit values. In addition, the periodicity of such measurements does not distinguish between more recent - and thus more energy efficient back-up generators - and older ones. With a view to simplifying and reducing the administrative burden stemming from the current reporting requirements arising under Directive (EU) 2015/2193 in relation to SO2, NOx dust and CO emissions from recent back-up generators with a rated thermal input equal to or greater than 20 MW, it is appropriate to set a specific threshold for a minimum number of operating hours applicable to their use, below which the frequency of periodic measurements would be lowered. The more recent back-up generators are those that deploy advanced abatement systems including for particulate pollutants and which comply with the emission limits values applicable to non-road mobile machinery, category NRG in respect of Stage V controls, set out in Annex II to Regulation (EU) 2016/162818 on requirements relating to gaseous and particulate pollutant emission limits and type-approval for internal combustion engines for non-road mobile machinery. Change in case of revised content of the Annex II to Regulation (EU) 2016/1628 regarding the composition of the relevant group of pollutants, or regarding their values, automatically applies to emission limit values of the most recent back-up generators. For those back-up generators, periodic measurement should take place after 1 500 operating hours have elapsed, or at least every five years.
18 Regulation (EU) 2016/1628 of the European Parliament and of the Council of 14 September 2016 on requirements relating to gaseous and particulate pollutant emission limits and type-approval for internal combustion engines for non-road mobile machinery, amending Regulations (EU) No 1024/2012 and (EU) No 167/2013, and amending and repealing Directive 97/68/EC; ELI: http://data.europa.eu/eli/reg/2016/1628/2022-07-1718 Regulation (EU) 2016/1628 of the European Parliament and of the Council of 14 September 2016 on requirements relating to gaseous and particulate pollutant emission limits and type-approval for internal combustion engines for non-road mobile machinery, amending Regulations (EU) No 1024/2012 and (EU) No 167/2013, and amending and repealing Directive 97/68/EC; ELI: http://data.europa.eu/eli/reg/2016/1628/2022-07-17

Or. en

Justification

advanced end of pipe abatement systems should be deployed in back up generators, as they are e.g. used for data centres, which increasingly find their way to populated areas. this should be considered and the new provision should allow for simplifiation of administrative burden in case such advanced techniques are in place. the EC proposal refers to particulate pollutants limits, but NRG have limits only for PM, but not for PN (and whether the ambition of the PM emission limit requires advanced tehcniques to be implemented, is debatable)

Amendment 141

Carmen Crespo Díaz, Dolors Montserrat

Proposal for a directive

Recital 19 a (new)

Text proposed by the CommissionAmendment
(19a) Directive 2000/60/EC establishing a framework for Community action in the field of water policy (Water Framework Directive) sets a deadline of December 2027 for meeting its objectives, making use of the two permitted extensions. At present, several Member States are unable to achieve the objectives due to the fact that, during the implementation period of the directive, the effects of climate change have worsened in some regions of the EU, mainly in the southern European basins, with those close to the Mediterranean seriously affected, which is making it difficult to recover the good status of water bodies by 2027. It is therefore necessary for Directive 2000/60/EC to provide for the possibility of a third extension until 2033, aligned with the deadline of the next update of the river basin management plans, for the fulfilment of the environmental objectives in the Member States most affected by climate change.

Or. es

Amendment 142

François-Xavier Bellamy

Proposal for a directive

Recital 19 a (new)

Text proposed by the CommissionAmendment
(19a) To prevent disproportionate administrative burden where other similar obligations exist under other Union law, Article 15(4) of Directive 2010/75/EU should be amended to ensure that environmental performance levels are only indicative.

Or. fr

Amendment 143

Carmen Crespo Díaz, Dolors Montserrat

Proposal for a directive

Recital 19 b (new)

Text proposed by the CommissionAmendment
(19b) Member States are not meeting the annual investment requirements, with an estimated funding gap of around EUR 25 000 000 000 per year, according to the 2025 report on the implementation of the Water Framework Directive, so there is a need to raise the level of ambition and ensure adequate funding across the EU. Water and its efficient use are indispensable for the production of high-quality agricultural products and the security of food supply and industrial activities. Reducing pressure on surface water and groundwater from agriculture must go hand in hand with investment in hydraulic infrastructure and the use of reclaimed water and innovative desalination technologies. Those investments should be sufficiently funded, at national and Union level, for the development, maintenance and modernisation of water infrastructure, foster innovative solutions and technologies, and ensure the long-term sustainability of that water infrastructure.

Or. es

Amendment 144

Carmen Crespo Díaz, Dolors Montserrat

Proposal for a directive

Recital 19 c (new)

Text proposed by the CommissionAmendment
(19c) A European water infrastructure plan should be established to support investments in water infrastructure, boost the modernisation and digitalisation of water management systems and the use of innovative technologies, such as desalination and reuse of reclaimed water for agricultural and industrial use, and improve the EU’s ability to adapt to the impacts of climate change. The European water infrastructure plan should strategically bring together specific financial mechanisms under the European Regional Development Fund, the Cohesion Fund and the European Competitiveness Fund according to the specific objectives of each of these funds. The European water infrastructure plan should aim to support investments included in programmes of measures for achieving the environmental objectives of Directive 2000/60/EC (Water Framework Directive).

Or. es

Amendment 145

François-Xavier Bellamy

Proposal for a directive

Recital 20

Text proposed by the CommissionAmendment
(20) In order to give the Member States, competent authorities and operators time to comply with the new or revised provisions and clarity as to when the new or revised provisions apply, and thus simplify their implementation; the transitional provisions which are currently set out in Directive (EU) 2024/1785 should be modified so that they also cover Article 14(1) point (ab), and Article 16(2) and (3) of Directive 2010/75/EU. In the interest of consistency, clarity and legal certainty, the transitional provisions set out in Directive (EU) 2024/1785 should be deleted from that directive and added in Article 82 of Directive 2010/75/EU.(20) In order to give Member States, competent authorities and operators time to comply with the new or revised provisions and clarity as to when the new or revised provisions apply, the deadline for transposition of Directive (EU) 2024/1785 into national law should be extended by two years, i.e. until 1 July 2028. The simplification provisions laid down in this Directive must apply at the latest from the date of transposition referred to above. Member States should bring into force the laws, regulations and administrative provisions necessary to comply with the remaining provisions of this Directive amending Directive (EU) 2024/1785, including the amendments to Article 14(1) point (ab), Article 14(1) point (ba), and Article 16(2) and (3) of Directive 2010/75/EU, by 24 months from the date of entry into force of this Directive. Those two transposition periods run independently of each other. In the interest of consistency, clarity and legal certainty, the transitional provisions which are currently set out in Directive (EU) 2024/1785 should be deleted from that Directive and added in Article 82 of Directive 2010/75/EU.

Or. fr

Amendment 146

Michal Wiezik, Martin Hojsík

Proposal for a directive

Recital 20 a (new)

Text proposed by the CommissionAmendment
(20a) Providing a high level of protection of human health and the environment as a whole requires, inter alia, the establishment in permits of emission limit values at a level that ensures compliance with the applicable emission levels associated with the best available techniques set out in the BAT conclusions. Emission levels associated with the best available techniques (BAT-AELs) are usually expressed as ranges, rather than as single values, to reflect the differences within a given type of installation that result in variations in the environmental performances achieved when applying BAT. For example, a given BAT will not deliver the same performance for different installations, some BATs might not be suitable for use in certain installations, or a combination of BATs could be more effective for some pollutants or environmental media than others. The achievement of a high level of protection of human health and the environment as a whole has been jeopardised by the practice of setting emission limit values at the laxest end of the range of emission levels associated with the best available techniques, without considering the potential of a given installation to achieve lower emission levels through the application of best available techniques. Such practice discourages frontrunners from implementing more effective techniques, and hinders the achievement of a level playing field which ensures a high level of protection of human health and the environment. In order for the emissions to be decreased, the competent authority should set emission limit values at the strictest achievable level for the specific installation, taking into account the entire range of the BAT AELs as well as cross-media effects. The emission limit values should be based on an assessment by the operator analysing the feasibility of meeting the strictest end of the BAT AEL range and aiming at the best environmental performance possible for the specific installations; unless the operator demonstrates that applying best available techniques as described in the BAT conclusions only allows the installation concerned to meet less strict emission limit values. In order to support the setting of emission limit values in permits and the adoption of general binding rules, BAT conclusions should contain information on the circumstances allowing the achievement of lower emissions levels within the range of BAT-AELs set for categories of installations having similar characteristics.

Or. en

Justification

As the unchanged provision from the Directive adopted in 2024 is being challenged by the ENVI report, for the purpose of reiteration of the importance of an existing provision, this recital introduces the content, word for word, of the recital 29 from the Directive 2024. no change to an existing operative text is proposed as article 15.3 as adopted in 2024 should remain unchanged.

Amendment 147

Ondřej Knotek, Jana Nagyová, Antonín Staněk, Anne-Sophie Frigout, Roman Haider, Viktória Ferenc

Proposal for a directive

Recital 20 a (new)

Text proposed by the CommissionAmendment
(20a) In order to reduce administrative burden for both operators and competent authorities and to enhance regulatory predictability, it is appropriate to extend the interval for the reconsideration of permit conditions under Directive 2010/75/EU.

Or. en

Amendment 148

Michal Wiezik, Martin Hojsík

Proposal for a directive

Recital 20 b (new)

Text proposed by the CommissionAmendment
(20b) Air pollutant emissions from power and industry are responsible for an estimated 17 000 annual deaths due to exposure to PM2.5, ozone and mercury. Application of best available end-of-pipe techniques in the power and industrial sectors would avoid an estimated 10 000 deaths and external costs of €28 billion per year1a. Reduction of these negative externalities can be accomplished by requiring installations to comply with the more stringent end of current best available technique definitions. The change introduced in Directive 2024/1785/EC regarding the obligation of the authority to set the strictest achievable emission limit values by applying BAT in an installation, considering the entire range of the emission levels associated with the best available techniques, is therefore to remain in place and no adjustment is proposed to the respective provision.
1a Centre for Research on Energy and Clean Air (CREA), 2023: Upgrading Europe’s air: How a strong Industrial Emissions Directive can save lives and money. available at: https://energyandcleanair.org/wp/wp-content/uploads/2023/04/CREA_Upgrading-Europes-Air.pdf

Or. en

Amendment 149

Jeannette Baljeu, Andreas Glück, Ilhan Kyuchyuk

Proposal for a directive

Article 1 – paragraph 1 – point -1 (new)

Directive 2008/98/EC

Article 2 – paragraph 1 – point e

Present textAmendment
-1. in Article 2(1), point (e) is replaced by the following:
(e) decommissioned explosives;‘(e) decommissioned explosives, including substances, mixtures and articles classified as Class 1 explosives under the United Nations Globally Harmonized System of Classification and Labelling of Chemicals, where they are managed by or on behalf of the armed forces, or under specific national rules on defence, public security, explosive safety or classified information;’

Or. en

Justification

Directive 2008/98/EC already excludes decommissioned explosives from its scope. However, divergent interpretations of that exclusion may create practical obstacles for the secure management, demilitarisation, transport or disposal of ammunition and munitions, thereby affecting operational readiness. Referring to Class 1 explosives provides a clearer and more harmonised basis, while ensuring that such materials remain subject to dedicated defence, security and explosive-safety regimes.

Amendment 150

Sergio Berlato, Michele Picaro, Pietro Fiocchi, Stefano Cavedagna, Nicola Procaccini, Antonella Sberna, Paolo Inselvini

Proposal for a directive

Article 1 – paragraph 1 – point -1 (new)

Directive 2008/98/EC

Article 6 – paragraph 4 a new

Present textAmendment
(-1) in Article 6, the following paragraph is inserted:
4a. The criteria referred to in paragraph 3, the decisions referred to in paragraph 4 adopted by Member States and the resulting end-of-waste status shall be recognized in all Member States, including for the transboundary shipments of waste within the Union.

Or. en

(https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32008L0098)

Amendment 151

Jutta Paulus

Proposal for a directive

Article 1 – paragraph 1 – point 1

Directive 2008/98/EC

Article 8a – paragraph 1 – point c

Text proposed by the CommissionAmendment
(c) ensure that a reporting system is in place to gather data on the products made available for the first time on the market of the Member State by the producers of products subject to extended producer responsibility and data on the collection and treatment of waste resulting from those products specifying, where appropriate, the waste material flows, as well as other data relevant for the purposes of point (b), as well as that the producers or, if appointed by the producer, the producer’s authorised representative for extended producer responsibility, are required to report, in accordance with the requirements of the first sentence of this point, at a maximum frequency of once every 12 months, for each full preceding calendar year;(c) ensure that a reporting system, which shall be fully electronic, interoperable and based on harmonised data formats developed at Union level, is in place to gather data (i) on the products made available on the market of the Member State in which the producer is established and (ii) on the products made available on the market of the Member States in which the producer is not established. The reporting shall be done by producers of products subject to extended producer responsibility and also include data on the collection and treatment of waste resulting from those products specifying, where appropriate, the waste material flows, as well as other data relevant for the purposes of point (b). Producers or, if appointed by the producer, the producer’s authorised representative for extended producer responsibility, shall submit those data to the competent authority of the Member State, or alternatively either through any centralised digital reporting mechanism or any network of national interoperable digital systems established pursuant to Union law for that purpose, at a maximum frequency of once every 12 months, for each full preceding calendar year;

Or. en

Justification

The reporting system also needs to include products made available on the market in a Member State in which a producer is not established. The reporting should apply to the products made available on the market in a given year - and not just to the products made available on the market for the first time, as the latter would exclude many products. As the Commission might be reluctant to establish a central digital reporting mechanism, the possibility of a network of national digital systems should also be foreseen.

Amendment 152

Martin Günther, Sebastian Everding, Per Clausen

Proposal for a directive

Article 1 – paragraph 1 – point 1

Directive 2008/98/EC

Article 8a – paragraph 1 – point c

Text proposed by the CommissionAmendment
(c) ensure that a reporting system is in place to gather data on the products made available for the first time on the market of the Member State by the producers of products subject to extended producer responsibility and data on the collection and treatment of waste resulting from those products specifying, where appropriate, the waste material flows, as well as other data relevant for the purposes of point (b), as well as that the producers or, if appointed by the producer, the producer’s authorised representative for extended producer responsibility, are required to report, in accordance with the requirements of the first sentence of this point, at a maximum frequency of once every 12 months, for each full preceding calendar year;(c) ensure that a reporting system is in place to gather data on the products made available for the first time on the market of the Member State by the producers of products subject to extended producer responsibility and data on the collection and treatment of waste resulting from those products specifying, where appropriate, the waste material flows, as well as other data relevant for the purposes of point (b), as well as that the producers or, if appointed by the producer, the producer’s authorised representative for extended producer responsibility, are required to report, in accordance with the requirements of the first sentence of this point, at a minimum frequency of once every 12 months, for each full preceding calendar year;

Or. en

Justification

Replacing “at a maximum frequency of once every 12 months” with “at least once every 12 months” ensures EU-wide minimum harmonised annual reporting while allowing Member States to require more frequent reporting where needed. This is important for systems like Germany’s EPR/WEEE allocation, which rely on monthly put-on-market data.

Amendment 153

Jeannette Baljeu, Andreas Glück, Ilhan Kyuchyuk, Olivier Chastel, Ana Vasconcelos

Proposal for a directive

Article 1 – paragraph 1 – point 1 a (new)

Directive 2008/98/EC

Article 8a – paragraph 1 – point c a (new)

Present textAmendment
1(a) in Article 8a(1), the following point is inserted:
‘(ca) Where products subject to extended producer responsibility are supplied for defence or national security purposes, Member States may allow producers, or their authorised representatives for extended producer responsibility, to report the required data through aggregated reporting or through a restricted reporting channel, where the disclosure of detailed information on product types, quantities, composition or waste material flows would demonstrably affect essential security interests, operational defence readiness or the protection of classified information.
Such arrangements shall not exempt producers from their obligations under extended producer responsibility schemes, including financial responsibility, and shall ensure that competent authorities and relevant waste operators receive the information necessary for the safe collection and treatment of waste, under appropriate confidentiality arrangements.’;

Or. en

Justification

Extended producer responsibility reporting may require detailed information on product volumes, composition and waste flows. For defence-related products, such information may be operationally sensitive or classified. A narrowly framed possibility for aggregated or restricted reporting protects national security while preserving producer responsibility and the safe management of waste.

Amendment 154

Susana Solís Pérez

Proposal for a directive

Article 1 – paragraph 1 – point 1 a (new)

Directive 2008/98/EC

Article 8a a (new)

Present textAmendment
1a. The following Article is inserted:
‘Article 8aa
1. Member States shall ensure that a provider of a very large online platform, within the meaning of Article 33 of Regulation (EU) 2022/2065, allowing consumers to conclude distance contracts with producers for products subject to an extended producer responsibility scheme, shall assume the producer's extended producer responsibility obligations, unless paragraph 2 of this Article applies.
2. Paragraph 1 shall not apply where the platform provider demonstrates that, at the time of the offer, the producer in the Member State of the consumer:
(a) was registered in the national register of producers;
(b) had, where required, entrusted a producer responsibility organisation; (c) had, where required, appointed an authorised representative; and (d) had disclosed to the platform provider the products concerned, by category.
3. Platform providers shall rely on information already collected under Article 30 of Regulation (EU) 2022/2065 where possible, to avoid duplicating due diligence obligations.
4. Upon request, the platform provider shall make available to the competent authority all necessary information, in a language accepted by that authority.
5. This Article shall be without prejudice to the producer's obligation to appoint an authorised representative where such appointment is legally required under the applicable extended producer responsibility scheme. Neither the assumption of extended producer responsibility obligations by the platform provider under paragraph 1, nor the exemption under paragraph 2, shall relieve the producer of that obligation.’;

Or. en

Amendment 155

Alexander Bernhuber

Proposal for a directive

Article 1 – paragraph 1 – point 1 a (new)

Directive 2008/98/EC

Article 8a a (new)

Text proposed by the CommissionAmendment
1a. the following article is inserted:
‘Article 8aa
Liability of very large online platforms
(1) Member States shall ensure that providers of very large online platforms, according to the list of designated very large online platforms published in the Official Journal of the European Union, which allow consumers to conclude distance contracts with producers, shall assume the extended producer responsibilities of the producers utilizing their platforms for products that are subject to the extended producer responsibility scheme. Those providers shall obtain the required information to fulfil the extended producer responsibility obligations from producers that offer products that are subject to these obligations.
(2) The obligation provided for in paragraph 1 shall not apply to the platform provider concerned that proves that the producer offering on its platform fulfils the following conditions in the Member State in which the consumer is located:
a) the producer is registered in the relevant register of producers;
b) the producer has entrusted a producer responsibility organisation, insofar as this is legally required,
c) an authorised representative is appointed, insofar as this is legally required,
d) the products offered and sold on the platform that are subject to extended producer responsibility are disclosed to the provider of the platform by the producer, and sorted by category; upon request of the competent national authority, all information and documentation necessary on products offered and sold on the platform that are subject to extended producer responsibility shall be made available in a language that can be easily understood by that competent national authority.’;

Or. en

Justification

It must be ensured that the simplification for EU companies is not exploited by “Very Large Online Platforms” (VLOPs), i.e. that they do not mis-use EPR schemes.

Amendment 156

Alexander Bernhuber

Proposal for a directive

Article 1 – paragraph 1 – point 1 a(new)

Directive 2008/98/EC

Article 8a a (new)

Text proposed by the CommissionAmendment
1a. the following Article is inserted:
‘Article 8aa
Central register of producers
(1) To facilitate the monitoring of compliance with extended producer responsibility, a central register of producers shall be established by the Commission. Thatcentral register shall include all data as provided by the national registers of producers and it shall be designed to be interoperable.
(2) In order to facilitate the work carried out by customs authorities in the implementation of this Directive, it is necessary that the central system operated by the Commission is interoperable with the EU Customs Data Hub once it is set up.’;

Or. en

Justification

It must be ensured that the simplification for EU companies is not exploited by “Very Large Online Platforms” (VLOPs), i.e. that they do not “free-ride” on EPR schemes.

Amendment 157

Jutta Paulus

Proposal for a directive

Article 1 – paragraph 1 – point 2 – point a – point i

Directive 2008/98/EC

Article 9 – paragraph 1 – point i

Text proposed by the CommissionAmendment
(i) promote the reduction of the content of hazardous substances in materials and products, without prejudice to harmonised legal requirements concerning those materials and products laid down at Union level;(i) promote the reduction of the content of hazardous substances in materials and products, without prejudice to harmonised legal requirements concerning those materials and products laid down at Union level, and ensure that any supplier of an article as defined in Article 3, point 33, of Regulation (EC) No 1907/2006 of the European Parliament and of the Council,provides the information pursuant to Article 33(1) of that Regulation to the Agency as from 5 January 2021; that information provided shall comprise a clear article identifier that is understandable by consumers and by waste treatment operators and shall contain at least the information of Article 7(5) of Regulation (EU) 2024/1781. No later than [twelve months from the entry into force of this Directive], suppliers shall use the standards referred to in [XXX - add reference to the COM implementing decision adopting harmonised standards (JTC24) for digital product passports] to provide this information to the Agency. Suppliers shall no longer be required to provide such information to the Agency if it is provided by the supplier via a digital product passport to the web portal established under Article 14 of Regulation (EU) 2024/1781 of the European Parliament and of the Council.

Or. en

Justification

Firstly, this reinstates the current text in Article 9(2) of the Waste Framework Directive, maintaining the link between the promotion of the reduction of the content of hazardous substances in materials and products with the obligation on suppliers to provide information about substances in concern to ECHA (first sentence). Secondly, it specifies the minimum to be provided in line with the Eco-Design Regulation. Thirdly, it provides for the obligation to use the new standards applicable to digital product passports for the provision of this information (publication of a reference to those standards in the OJ is expected in the next days). Using the new standards would simplify and harmonize the notification and make it future-proof by integrating it with upcoming digital product passports. Finally, the amendment specifies that such information provision are no longer required when the information is accessible via the web portal on digital product passports. This is true simplification, integrating REACH notification requirements on substances of very high concern with notification requirements of such substances to ECHA and with information requirements under the Eco-Design Regulation in the form of digital product passports, using the same IT language for all.

Amendment 158

Martin Günther, Sebastian Everding, Per Clausen

Proposal for a directive

Article 1 – paragraph 1 – point 2 – point a – point i

Directive 2008/98/EC

Article 9 – paragraph 1 – point i

Text proposed by the CommissionAmendment
(i) promote the reduction of the content of hazardous substances in materials and products, without prejudice to harmonised legal requirements concerning those materials and products laid down at Union level;(i) promote the reduction of the content of hazardous substances in materials and products, without prejudice to harmonised legal requirements concerning those materials and products laid down at Union level, and ensure that any supplier of an article, as defined in Article 3, point 33, of Regulation (EC) No 1907/2006 of the European Parliament and of the Council, provides the information pursuant to Article 33(1) of that Regulation, including the substance’s concentration and location in the article, to the European Chemicals Agency as from 5 January 2021, unless the article is exempted under conditions below. The Commission shall be empowered to adopt delegated acts in accordance with Article 38a in order to define a list of articles to be exempt from the requirement set out in this paragraph if such article is already subject to equivalent legal requirements ensuring access by waste treatment operators and by consumers, upon request, to the information referred to in Article 33(1) of Regulation (EC) No 1907/2006 and to determine the respective dates from which the exemptions shall apply.

Or. en

Justification

Once an article is covered by an equivalent information system that fulfils the same requirements regarding substances of concern in the article — for example, the Digital Product Passport — it shall be exempt from reporting under the SCIP database. Although it may seem simpler to grant automatic exemption as soon as a product is covered by the Digital Product Passport, the Commission should issue a Delegated Act to ensure that only articles covered by an equivalent information system can benefit from the exemption. This also allows for a transition period to be implemented, ensuring that there is no data reporting gap for a product category. Additionally, it is crucial to inform waste management operators where substances of concern can be found in articles/waste and in what quantities, to ensure the usability of the information. Article 38a on the exercise of the delegation must be amended accordingly to the proposed modifications.

Amendment 159

Jeannette Baljeu, Andreas Glück, Ilhan Kyuchyuk, Olivier Chastel, Ana Vasconcelos

Proposal for a directive

Article 1 – paragraph 1 – point 2 – point a – point i

Directive 2008/98/EC

Article 9 – paragraph 1 – point i

Text proposed by the CommissionAmendment
(i) promote the reduction of the content of hazardous substances in materials and products, without prejudice to harmonised legal requirements concerning those materials and products laid down at Union level;(i) promote the reduction of the content of hazardous substances in materials and products, without prejudice to harmonised legal requirements concerning those materials and products laid down at Union level, and without prejudice to essential defence or national security requirements where no technically suitable alternative is available and where appropriate risk management measures are applied;

Or. en

Justification

The reduction of hazardous substances remains an important objective. However, certain substances, coatings, materials or components may be essential for defence performance, safety, durability or operational readiness, and suitable alternatives may not yet be available. This amendment prevents waste-prevention policy from indirectly undermining defence capabilities, while preserving existing Union requirements and requiring appropriate risk management.

Amendment 160

Jutta Paulus

Proposal for a directive

Article 1 – paragraph 1 – point 2 – point a – point ii

Directive 2008/98/EC

Article 9 – paragraph 1 – point ia

Text proposed by the CommissionAmendment
(ii) the following point (ia) is inserted:deleted
‘(ia) ensure that any supplier of an article as defined in Article 3, point 33 of Regulation (EC) No 1907/2006 of the European Parliament and of the Council* provides the information pursuant to Article 33(1) of that Regulation to the European Chemicals Agency from 5 January 2021 until [date of entry into force of this Directive];’

Or. en

Justification

The SCIP database is a unique source of information about substances of very high concern in articles. It would be irresponsible to let it die a slow death by ending the obligation for economic operators to pass such information to ECHA. Such information is necessary to facilitate proper waste management, improving the quality of recycling quality and enabling the transition to a clean circular economy. Such information is also useful to increase the protection of workers in waste management from exposure to hazardous substances. Finally, the database is the sole source of information for authorities with regard to substances of very high concern in articles and thus of major importance to inform policy decisions. Due to its current structure, in particular the flexibility with regard to article identifiers, the information included in the database has had limited usability thus far. There are however no tools which can fully substitute the database. SCIP is the sole database that encompasses information about substances of very high concern across all articles. Moreover, the Common Chemicals Data Platform adopted in 2024 relies on the SCIP database as key input, and Digital Product Passports under the Eco-Design Regulation will only be introduced gradually from 2027, and only for certain product categories. Rather than ending the notification requirements, they should be simplified by harmonising them with recently adopted standards and thus facilitate the integration of such information with upcoming digital product passports.

Amendment 161

Martin Günther, Sebastian Everding, Per Clausen

Proposal for a directive

Article 1 – paragraph 1 – point 2 – point a – point ii

Directive 2008/98/EC

Article 9 – paragraph 1 – point ia

Text proposed by the CommissionAmendment
(ii) the following point (ia) is inserted:deleted
‘(ia) ensure that any supplier of an article as defined in Article 3, point 33 of Regulation (EC) No 1907/2006 of the European Parliament and of the Council* provides the information pursuant to Article 33(1) of that Regulation to the European Chemicals Agency from 5 January 2021 until [date of entry into force of this Directive];’

Or. en

Amendment 162

Michal Wiezik, Martin Hojsík

Proposal for a directive

Article 1 – paragraph 1 – point 2 – point a – point ii

Directive 2008/98/EC

Article 9 – paragraph 1– point ia

Text proposed by the CommissionAmendment
(ia) ensure that any supplier of an article as defined in Article 3, point 33 of Regulation (EC) No 1907/2006 of the European Parliament and of the Council* provides the information pursuant to Article 33(1) of that Regulation to the European Chemicals Agency from 5 January 2021 until [date of entry into force of this Directive];(ia) ensure that any supplier of an article as defined in Article 3, point 33 of Regulation (EC) No 1907/2006 of the European Parliament and of the Council* provides the information pursuant to Article 33(1) of that Regulation to the European Chemicals Agency from 5 January 2021 unless such information is provided by the supplier via a digital product passport to the web portal established under Article 14 of Regulation (EU) 2024/1781 of the European Parliament and of the Council;

Or. en

Amendment 163

Thomas Bajada, Annalisa Corrado

Proposal for a directive

Article 1 – paragraph 1 – point 2 – point a – point ii

Directive 2008/98/EC

Article 9 – paragraph 1 – point ia

Text proposed by the CommissionAmendment
(ia) ensure that any supplier of an article as defined in Article 3, point 33 of Regulation (EC) No 1907/2006 of the European Parliament and of the Council* provides the information pursuant to Article 33(1) of that Regulation to the European Chemicals Agency from 5 January 2021 until [date of entry into force of this Directive];(ia) ensure that any supplier of an article as defined in Article 3, point 33 of Regulation (EC) No 1907/2006 of the European Parliament and of the Council* provides the information pursuant to Article 33(1) of that Regulation, including the substance’s concentration and location in the article, to the European Chemicals Agency from 5 January 2021;

Or. en

Amendment 164

Martin Günther, Sebastian Everding, Per Clausen

Proposal for a directive

Article 1 – paragraph 1 – point 2 – point b – introductory part

Directive 2008/98/EC

Article 9 – paragraph 2

Text proposed by the CommissionAmendment
(b) paragraph 2 is replaced by the following:(b) paragraph 2 is amended as follows:

Or. en

Amendment 165

Michal Wiezik, Martin Hojsík

Proposal for a directive

Article 1 – paragraph 1 – point 2 – point b

Directive 2008/98/EC

Article 9 – paragraph 2

Text proposed by the CommissionAmendment
2. The European Chemicals Agency shall maintain the data submitted to it pursuant to paragraph 1, point (ia).2. The IT tool provided by the Commission for the purpose of submission of the data referred to in Article 9(1), point (ia), shall be free of charge, fully interoperable with digital product passports required by Union law in relation to the technical, semantic and organisational aspects of end-to-end communication and data transfer.
By 31 December 2027, the Commission, in cooperation with the European Chemicals Agency and following consultation of stakeholders, shall improve usability and structure of the database for the data to be submitted pursuant to paragraph 1(ia) of this Article, including through simplified reporting formats, aggregation where appropriate, and compatibility with industrial and waste-management processes, while maintaining the level of information necessary for traceability and safe waste treatment. The European Chemicals Agency shall maintain the data and provide access to that database to waste management operators. It shall also provide access to that database to consumers upon request.

Or. en

Amendment 166

Jeannette Baljeu, Andreas Glück, Ilhan Kyuchyuk, Olivier Chastel, Ana Vasconcelos

Proposal for a directive

Article 1 – paragraph 1 – point 2 – point b

Directive 2008/98/EC

Article 9 – paragraph 2

Text proposed by the CommissionAmendment
2. The European Chemicals Agency shall maintain the data submitted to it pursuant to paragraph 1, point (ia).2. The European Chemicals Agency shall maintain the data submitted to it pursuant to paragraph 1, point (ia).
Where such data concern defence-related products, equipment or components, the European Chemicals Agency shall, upon a duly reasoned request from a Member State or a supplier and in cooperation with the relevant competent authority, withhold from publication or anonymise information where disclosure would adversely affect defence, national security or the protection of classified information.
This shall not affect obligations to ensure the safe management of waste or the provision of relevant safety information to competent waste operators under appropriate confidentiality arrangements.

Or. en

Justification

The proposal discontinues new SCIP notifications while maintaining data already submitted to ECHA. Where such archived data concern defence-related products or classified information, safeguards are needed to prevent disclosure that could affect national security. This amendment protects sensitive information without creating a general exclusion from EU waste law or weakening obligations for safe waste management.

Amendment 167

Jutta Paulus

Proposal for a directive

Article 1 – paragraph 1 – point 2 – point b

Directive 2008/98/EC

Article 9 – paragraph 2

Text proposed by the CommissionAmendment
2. The European Chemicals Agency shall maintain the data submitted to it pursuant to paragraph 1, point (ia).2. The European Chemicals Agency shall establish a database for the data to be submitted to it pursuant to paragraph 1, point (i), by 5 January 2020 and maintain it. The European Chemicals Agency shall provide access to that database to waste treatment operators. It shall also provide access to that database to consumers upon request. The European Chemicals Agency shall ensure by 1 January 2028 that the database facilitates clear identification by consumers of the articles concerned with regard to articles made available on the market, and provides for database tools that facilitate aggregation of the data in a way that is relevant for the purposes of waste treatment operators.

Or. en

Justification

Firstly, the first three sentences reinstate the current provisions of the law. The access rights to the database as stated in the current law need to be preserved. Secondly, ECHA should be tasked to ensure that the database meets its objectives. For that, the articles containing substances of very high concern need to be clearly identified and in a manner that allows users of the database to identify actual articles placed on the market. Moreover, it needs to fulfil the needs of waste treatment operators by allowing aggregation of the data.

Amendment 168

Martin Günther, Sebastian Everding, Per Clausen

Proposal for a directive

Article 1 – paragraph 1 – point 2 – point b

Directive 2008/98/EC

Article 9 – paragraph 2

Text proposed by the CommissionAmendment
2. The European Chemicals Agency shall maintain the data submitted to it pursuant to paragraph 1, point (ia).2. The European Chemicals Agency shall establish a database for the data to be submitted to it pursuant to paragraph 1, point (i), by 5 January 2020 and maintain it. The European Chemicals Agency shall provide access to that database to waste management operators and ensure that the data is operationally usable by such operators, including through simplified formats, standardised data to allow aggregation where appropriate, and compatibility with existing industrial standards. The European Chemicals Agency shall also provide access to that database to consumers upon request.

Or. en

Amendment 169

Thomas Bajada, Annalisa Corrado

Proposal for a directive

Article 1 – paragraph 1 – point 2 – point b

Directive 2008/98/EC

Article 9 – paragraph 2

Text proposed by the CommissionAmendment
2. The European Chemicals Agency shall maintain the data submitted to it pursuant to paragraph 1, point (ia).2. By 31 December 2027, the Commission, together with the European Chemicals Agency, shall improve usability, interoperability and structure of the database of the data submitted to it pursuant Article 9(1), point (i).

Or. en

Justification

The implementation of SCIP has not been fully satisfactory because its data outputs do not sufficiently serve the needs of waste management operators. The amendment gives the Commission and ECHA a mandate to improve SCIP so that it can better fulfil its intended purpose.

Amendment 170

Jutta Paulus

Proposal for a directive

Article 1 – paragraph 1 – point 2 – point c

Directive 2008/98/EC

Article 9 – paragraph 7

Text proposed by the CommissionAmendment
7. The Commission shall, by 31 March 2019, adopt an implementing act to establish a common methodology to report on re-use of products. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 39(2).7. By 31 December 2027, the Commission shall adopt an implementing act to establish indicators to measure the overall progress in the implementation of waste prevention measures and shall, by 31 March 2019, adopt an implementing act to establish a common methodology to report on re-use of products. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 39(2).

Or. en

Justification

Waste prevention is at the top of the waste hierarchy. Waste prevention indicators are key to be able to asses the success of measures taken. The obligation in the current WFD for the Commission to adopt an implementing act to measure overall progress on waste prevention measures - an obligation introduced in the revision of the WFD in 2018! - should remain. To avoid further delays and undue unilateral deprioritisation, a clear deadline should be set for the adoption of this implementing act.

Amendment 171

Susana Solís Pérez

Proposal for a directive

Article 1 – paragraph 1 – point 2 a (new)

Directive 2008/98/EC

Article 33 a (new)

Present textAmendment
2a. The following Article is inserted:
Article 33a
(1) For the release for free circulation of products that are subject to the extended producer responsibility scheme on the Union market designated directly to the consumer the consignor shall state the following:
(a) the registration number of the producer, of the Member State in which the consumer is located; and
(b) as legally required, the registration number of the authorised representative designated to represent the producer in the Member State, in which the consumer is located.
(2) The competent authority responsible for monitoring extended producer responsibility may access data stored or otherwise available in the EU Customs Data Hub to the extent necessary for enforcing Union legislation and for cooperating with customs authorities.

Or. en

Amendment 172

Alexander Bernhuber

Proposal for a directive

Article 1 – paragraph 1 – point 2 a (new)

Directive 2008/98/EC

Article 33 a (new)

Text proposed by the CommissionAmendment
2a. The following Article is inserted:
Article 33a
(1) For the release for free circulation of products that are subject to the extended producer responsibility scheme on the union market designated directly to the consumer the consignor must state:
(a) the registration number of the producer, of the Member State in which the consumer is located; and
(b) as legally required, the registration number of the authorised representative designated to represent the producer in the Member State, in which the consumer is located.
(2) The competent authority responsible for monitoring extended producer responsibility may access data stored or otherwise available in the EU Customs Data Hub to the extent necessary for enforcing Union legislation and for cooperating with customs authorities.

Or. en

Justification

It must be ensured that the simplification for EU companies is not exploited by “Very Large Online Platforms” (VLOPs), i.e. that they do not mis-use EPR schemes.

Amendment 173

Martin Günther, Sebastian Everding, Per Clausen

Proposal for a directive

Article 1 – paragraph 1 – point 3

Directive 2008/98/EC

Article 37 – paragraph 6

Text proposed by the CommissionAmendment
3. in Article 37, paragraph 6, is replaced by the following:deleted
‘6.For the purpose of monitoring the implementation of this Directive, the Commission shall review the information made available in accordance with this Article.’ ,
‘* Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1, ELI: http://data.europa.eu/eli/reg/2006/1907/oj).;’

Or. en

Amendment 174

Anne-Sophie Frigout, Valérie Deloge, Gilles Pennelle, Mathilde Androuët, Ondřej Knotek, Jana Nagyová, Antonín Staněk

Proposal for a directive

Article 2 – paragraph 1 – point -1 (new)

Directive 2010/75/EU

Title

Present textAmendment
-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 livestock rearing emissions (integrated pollution prevention and control)Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control)

Or. fr

Amendment 175

François-Xavier Bellamy, Céline Imart

Proposal for a directive

Article 2 – paragraph 1 – point -1 (new)

Directive 2010/75/EU

Title

Text proposed by the CommissionAmendment
(-1a) 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 livestock rearing emissions (integrated pollution prevention and control)Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control)

Or. fr

Amendment 176

Ondřej Knotek, Jana Nagyová, Antonín Staněk, Anne-Sophie Frigout

Proposal for a directive

Article 2 – paragraph 1 – introductory part

Text proposed by the CommissionAmendment
Directive 2010/75/EU is amended as follows:Directive 2010/75/EU is amended as follows:
In order to have legal clarity, for the below mentioned articles regarding the Directive 2010/75/EU there will be introduced a "Stop-the-Clock"-mechanism for every Member State until the new provisions have been introduced in the respective Member State;

Or. en

Amendment 177

Anne-Sophie Frigout, Valérie Deloge, Gilles Pennelle, Mathilde Androuët, Ondřej Knotek, Jana Nagyová

Proposal for a directive

Article 2 – paragraph 1 – point -1 (new)

Directive 2010/75/EU

Article 3 – paragraph 1 – points 2 and 3

Text proposed by the CommissionAmendment
(-1) In Article 3, points (2) and (3) are deleted:

Or. fr

Amendment 178

Anne-Sophie Frigout, Valérie Deloge, Gilles Pennelle, Mathilde Androuët, Ondřej Knotek, Jana Nagyová

Proposal for a directive

Article 2 – paragraph 1 – point -1 (new)

Directive 2010/75/EU

Article 3 – paragraph 1 – point 2

Present textAmendment
(-1a) In Article 3, point (2) is replaced by the following:
(2) ‘pollution’ means means the direct or indirect introduction, as a result of human activity, of substances, vibrations, heat, noise or odours into air, water or land, which can 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;‘2. ‘pollution’ means means the direct or indirect introduction, as a result of human activity, of substances, vibrations, heat or noise into air, water or land, which can 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; ’;

Or. fr

(DIRECTIVE 2010/75/EU)

Amendment 179

François-Xavier Bellamy

Proposal for a directive

Article 2 – paragraph 1 – point -1 (new)

Directive 2010/75/EU

Article 3 – paragraph 1 – point 2

Present textAmendment
(-1a) In Article 3, point (2) is replaced by the following:
(2) ‘pollution’ means the direct or indirect introduction, as a result of human activity, of substances, vibrations, heat, noise or odours into air, water or land, which can 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;‘2. ‘pollution’ means the direct or indirect introduction, as a result of human activity, of substances, vibrations, heat or noise into air, water or land which can be harmful to human health or the quality of the environment, damage material property, or impair amenities and other legitimate uses of the environment; ’;

Or. fr

Amendment 180

Jessica Polfjärd

Proposal for a directive

Article 2 – paragraph 1 – point -1 (new)

Directive (EU) 2010/75/EU

Article 3 – paragraph 1 – point 2

Present textAmendment
(-1) In Article 3, point (2) is replaced by the following:
(2) ‘pollution’ means the direct or indirect introduction, as a result of human activity, of substances, vibrations, heat, noise or odours into air, water or land, which can 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;‘(2) “pollution” means the direct or indirect introduction, as a result of human activity, of substances, vibrations, heat, noise or noise into air, water or land, which can 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;’;

Or. en

(02010L0075-20240804)

Amendment 181

François-Xavier Bellamy, Céline Imart

Proposal for a directive

Article 2 – paragraph 1 – point -1 a (new)

Directive 2010/75/EU

Article 3 – paragraph 1 – point 3

Text proposed by the CommissionAmendment
(Does not affect the English version.)
3. ‘installation’ means a stationary technical unit within which one or more activities listed in Annex I, in Annex Ia or in Part 1 of Annex VII are carried out, and any other directly associated activities on the same site which have a technical connection with the activities listed in those Annexes and which could have an effect on emissions and pollution;

Or. fr

Amendment 182

François-Xavier Bellamy, Céline Imart

Proposal for a directive

Article 2 – paragraph 1 – point -1 b (new)

Directive 2010/75/EU

Article 3 – paragraph 1 – point 3 a (new)

Text proposed by the CommissionAmendment
(-1b) In Article 3, the following point is inserted:
‘3a. ‘Existing farm’ means a farm which is not new; ’;

Or. fr

Amendment 183

Anne-Sophie Frigout, Valérie Deloge, Gilles Pennelle, Mathilde Androuët, Ondřej Knotek, Jana Nagyová, Antonín Staněk

Proposal for a directive

Article 2 – paragraph 1 – point -1 a (new)

Directive 2010/75/EU

Article 3 – paragraph 1 – point 3 a (new)

Present textAmendment
(-1a) In Article 3, the following point is inserted:
‘3a. ‘Existing livestock installation’ means a livestock installation which is not new; ’;

Or. fr

(Directive 2010/75/EU)

Justification

Some techniques for reducing emissions from livestock farming facilities may involve buildings’ specific structural features. It is therefore necessary to clarify the concepts of existing or new unit and installation, so that the techniques to be applied can be tailored and so that techniques that would require structural alterations to existing buildings are not imposed.

Amendment 184

Anne-Sophie Frigout, Valérie Deloge, Gilles Pennelle, Mathilde Androuët, Ondřej Knotek, Jana Nagyová, Antonín Staněk

Proposal for a directive

Article 2 – paragraph 1 – point -1 b (new)

Directive 2010/75/EU

Article 3 – paragraph 1 – point 3 b (new)

Present textAmendment
(-1b) In Article 3, the following point is inserted:
‘3b. ‘existing livestock unit’ means a unit which is not a new unit; ’;

Or. fr

(Directive 2010/75/EU)

Justification

Some techniques for reducing emissions from livestock farming facilities may involve buildings’ specific structural features. It is therefore necessary to clarify the concepts of existing or new unit and installation, so that the techniques to be applied can be tailored and so that techniques that would require structural alterations to existing buildings are not imposed.

Amendment 185

François-Xavier Bellamy, Céline Imart

Proposal for a directive

Article 2 – paragraph 1 – point -1 c (new)

Directive 2010/75/EU

Article 3 – paragraph 1 – point 3 b (new)

Text proposed by the CommissionAmendment
(-1c) In Article 3, the following point is inserted:
‘3b. ‘existing livestock unit’ means a unit which is not new; ’;

Or. fr

Amendment 186

Anne-Sophie Frigout, Valérie Deloge, Gilles Pennelle, Mathilde Androuët, Ondřej Knotek, Jana Nagyová, Antonín Staněk

Proposal for a directive

Article 2 – paragraph 1 – point -1 c (new)

Directive 2010/75/EU

Article 3 – paragraph 1 – point 3 c (new)

Present textAmendment
(-1c) In Article 3, the following point is inserted:
‘3c. ‘New livestock installation’ means an installation whose construction has been authorised for the first time after the date of application as referred to in the Article 3(5) of this Directive or a complete replacement of an installation after the date of application as referred to in the Article 3 of this Directive; ’;

Or. fr

(Directive 2010/75/EU)

Justification

Some techniques for reducing emissions from livestock farming facilities may involve buildings’ specific structural features. It is therefore necessary to clarify the concepts of existing or new unit and installation, so that the techniques to be applied can be tailored and so that techniques that would require structural alterations to existing buildings are not imposed.

Amendment 187

Anne-Sophie Frigout, Valérie Deloge, Gilles Pennelle, Mathilde Androuët, Ondřej Knotek, Jana Nagyová, Antonín Staněk

Proposal for a directive

Article 2 – paragraph 1 – point -1 d (new)

Directive 2010/75/EU

Article 3 – paragraph 1 – point 3 d (new)

Present textAmendment
(-1d) In Article 3, the following point is inserted:
‘3d. ‘New livestock unit’ means a unit authorised for the first time on the site of the livestock installation after the date of application as referred to in the Article 3(5) of this Directive or a complete replacement of a unit on existing foundations after the date of application as referred to in the Article 3(5) of this Directive; ’;

Or. fr

(Directive 2010/75/EU)

Justification

Some techniques for reducing emissions from livestock farming facilities may involve buildings’ specific structural features. It is therefore necessary to clarify the concepts of existing or new unit and installation, so that the techniques to be applied can be tailored and so that techniques that would require structural alterations to existing buildings are not imposed.

Amendment 188

Alexander Bernhuber

Proposal for a directive

Article 2 – paragraph 1 – point -1 (new)

Directive 2010/75/EU

Article 3 – paragraph 1 – point 5a

Text proposed by the CommissionAmendment
(-1) in Article 3, point 5a is deleted.

Or. en

(2010/75/EU)

Justification

AEPLs are obsolete because of several provisions in the special legislative acts such as Water Framework Directive, Ambient Air Quality Directive, Waste Framework Directive.

Amendment 189

François-Xavier Bellamy, Céline Imart

Proposal for a directive

Article 2 – paragraph 1 – point -1 d (new)

Directive 2010/75/EU

Article 3 – paragraph 1 – points 12a, 23, 23a and 23b

Text proposed by the CommissionAmendment
(-1d) In Article 3, points (12a), (23), (23a) and (23b) are deleted:

Or. fr

Amendment 190

Michal Wiezik, Martin Hojsík

Proposal for a directive

Article 2 – paragraph 1- point -1 (new)

Directive 2010/75/EU

Article 3 – paragraph 1 – point 9a

Present textAmendment
(-1) in Article 3, point 9a is replaced by the following:
(9a) “deep industrial transformation” means the implementation by industrial operators of emerging techniques or best available techniques involving a major change in the design or technology of all or part of an installation or the replacement of an existing installation by a new installation, which allows an extremely substantial reduction of emissions of greenhouse gases in line with the objective of climate neutrality and optimises environmental co-benefits, at least to the levels that can be achieved by techniques identified in the applicable BAT conclusions, taking into account cross-media effects;’;‘(9a) “deep industrial transformation” means the implementation by industrial operators of emerging techniques or best available techniques involving a major change in the design or technology of all or part of an installation or the replacement of an existing installation by a new installation, laid out in a transformation plan accompanying the permit application, which allows an extremely substantial reduction of emissions of greenhouse gases in line with the objective of climate neutrality and optimises environmental co-benefits, at least to the levels that can be achieved by techniques identified in the applicable BAT conclusions, taking into account cross-media effects;’;

Or. en

(DIRECTIVE (EU) 2024/1785)

Justification

The obligation to prepare a transformation plan for industrial installations introduced in 2024 is deleted. it is considered reasonable to be brought back for limited number of installations- those which will claim derogations from emission levels associated with BATs due to being deeply transformed and a new investment to BATs would be considered as some undesired stepping stone blocking them from deep industrial transformation. It is assumed that such transformation needs to be described somewhere, otherwise it is difficult to see how it would be implemented and verified.

Amendment 191

Anna Zalewska

Proposal for a directive

Article 2 – paragraph 1 – point -1 (new)

Directive 2010/75/EU

Article 3 – paragraph 1 – point 9a

Present textAmendment
(-1) in article 3, point 9a is replaced by the following:
‘(9a)“deep industrial transformation” means the implementation by industrial operators of emerging techniques or best available techniques involving a major change in the design or technology of all or part of an installation or the replacement of an existing installation by a new installation, which allows an extremely substantial reduction of emissions of greenhouse gases in line with the objective of climate neutrality and optimises environmental co-benefits, at least to the levels that can be achieved by techniques identified in the applicable BAT conclusions, taking into account cross-media effects;’‘(9a)“deep industrial transformation” means the implementation by industrial operators of emerging techniques or best available techniques involving a significant change in the design or technology of all or part of an installation or the replacement or substantial modernisation of an existing installation by a new installation, which allows a substantial reduction of emissions of greenhouse gases contributing to the objective of climate neutrality and enhances environmental co-benefits, consistent with the applicable BAT conclusions, taking into account cross-media effects;’;

Or. en

Amendment 192

Anna Zalewska

Proposal for a directive

Article 2 – paragraph 1 – point -1 a (new)

Directive 2010/75/EU

Article 3 – paragraph 1 – point 23b

Present textAmendment
(-1a) in Article 3, point 23 is deleted;

Or. en

(https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02010L0075-20240804)

Amendment 193

Daniel Buda

Proposal for a directive

Article 2 – paragraph 1 – point -1 (new)

Directive 2010/75/EU

Article 3 – paragraph 1 – points 50 a and 50 b (new)

Text proposed by the CommissionAmendment
(-1) In Article 3, the following points are added:
‘(50a) ‘existing installation’ means an installation that is not new;
(50b) ‘new installation’ means an installation whose construction has been authorised or registered after the date of application as referred to in Article 82 or a complete replacement of an installation after the date of application as referred to in that Article.’;

Or. en

Justification

This definition ensures that no existing project will have to integrate techniques that would require structural modifications to existing buildings

Amendment 194

Anne-Sophie Frigout, Valérie Deloge, Gilles Pennelle, Mathilde Androuët, Ondřej Knotek, Jana Nagyová

Proposal for a directive

Article 2 – paragraph 1 – point -1 e (new)

Directive 2010/75/EU

Article 8 – paragraph 3 – subparagraph 1

Present textAmendment
(-1e) In Article 8(3), the first subparagraph is replaced by the following:
3. Where the breach of the permit conditions poses an immediate danger to human health or threatens to cause an immediate significant adverse effect upon the environment, and until compliance is restored in accordance with the second paragraph, points (b) and (c), the operation of the installation, combustion plant, waste incineration plant, waste co-incineration plant or relevant part thereof shall be suspended without any delay.‘3. Where the breach of the permit conditions poses an immediate danger to human health or threatens to cause an immediate significant adverse effect upon the environment, and until compliance is restored in accordance with the second paragraph, points (b) and (c), the operation of the installation, combustion plant, waste incineration plant, waste co-incineration plant or relevant part thereof, with the exception of the installations listed in Annex Ia, shall be suspended without any delay.’

Or. fr

(DIRECTIVE 2010/75/EU)

Amendment 195

Daniel Buda

Proposal for a directive

Article 2 – paragraph 1 – point -1 a (new)

Directive 2010/75/EU

Article 8 – paragraph 3 – subparagraph 1

Present textAmendment
(-1a) in Article 8, paragraph 3 is replaced by the following:
3. Where the breach of the permit conditions poses an immediate danger to human health or threatens to cause an immediate significant adverse effect upon the environment, and until compliance is restored in accordance with the second paragraph, points (b) and (c), the operation of the installation, combustion plant, waste incineration plant, waste co-incineration plant or relevant part thereof shall be suspended without any delay‘3. Where the breach of the permit conditions poses an immediate danger to human health or threatens to cause an immediate significant adverse effect upon the environment, and until compliance is restored in accordance with the second paragraph, points (b) and (c), the operation of the installation, combustion plant, waste incineration plant, waste co-incineration plant or relevant part thereof, with the exception of the installations listed in Annex Ia, shall be suspended without any delay.’;

Or. en

Amendment 196

Daniel Buda

Proposal for a directive

Article 2– paragraph 1 – point -1 b (new)

Directive 2024/1785 EU

Article 8 – paragraphs 4

Present textAmendment
(-1b) in Article 8, paragraph 4 is replaced by the following:
4. In situations not covered by paragraph 3 of this Article, where a persistent breach of the permit conditions poses a danger to human health or causes 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) has not been implemented, the operation of the installation, combustion plant, waste incineration plant, waste co-incineration plant or relevant part thereof may be suspended by the competent authority until compliance with the permit conditions is restored.‘4. In situations not covered by paragraph 3 of this Article, where a persistent breach of the permit conditions poses a danger to human health or causes 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) has not been implemented, the operation of the installation, combustion plant, waste incineration plant, waste co-incineration plant or relevant part thereof, with the exception of the installations listed in Annex Ia, may be suspended by the competent authority until compliance with the permit conditions is restored.’;

Or. en

Amendment 197

François-Xavier Bellamy, Céline Imart

Proposal for a directive

Article 2 – paragraph 1 – point -1 e (new)

Directive 2010/75/EU

Article 8 – paragraphs 3 and 4

Present textAmendment
(-1e) In Article 8, paragraphs 3 and 4 are replaced by the following:
3. Where the breach of the permit conditions poses an immediate danger to human health or threatens to cause an immediate significant adverse effect upon the environment, and until compliance is restored in accordance with the second paragraph, points (b) and (c), the operation of the installation, combustion plant, waste incineration plant, waste co-incineration plant or relevant part thereof shall be suspended without any delay.‘3. Where the breach of the permit conditions poses an immediate danger to human health or threatens to cause an immediate significant adverse effect upon the environment, and until compliance is restored in accordance with the second paragraph, points (b) and (c), the operation of the installation, combustion plant, waste incineration plant, waste co-incineration plant or relevant part thereof, with the exception of installations covered by Annex Ia, shall be suspended without any delay.
Where such breach threatens 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 other Member State is informed.Where such breach threatens 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 other Member State is informed.
4. In situations not covered by paragraph 3 of this Article, where a persistent breach of the permit conditions poses a danger to human health or causes 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) has not been implemented, the operation of the installation, combustion plant, waste incineration plant, waste co-incineration plant or relevant part thereof may be suspended by the competent authority until compliance with the permit conditions is restored.In situations not covered by paragraph 3 of this Article, where a persistent breach of the permit conditions poses a danger to human health or causes 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) has not been implemented, the operation of the installation, combustion plant, waste incineration plant, waste co-incineration plant or relevant part thereof, with the exception of installations listed in Annex Ia, may be suspended by the competent authority until compliance with the permit conditions is restored.’ Where a breach of the permit conditions poses an immediate danger to human health or risks having an immediate significant negative effect upon the environment, and until compliance is restored in accordance with the second paragraph, points (b) and (c), the operation of the installation, combustion plant, waste incineration plant, waste co-incineration plant or relevant part thereof, with the exception of installations covered by Annex Ia, shall be immediately suspended. Where such non-compliance constitutes a threat to human health or the environment in another Member State, the Member State in whose territory the non-compliance occurred shall ensure that the other Member State is informed without delay.’

Or. fr

Amendment 198

Anne-Sophie Frigout, Valérie Deloge, Gilles Pennelle, Mathilde Androuët, Ondřej Knotek, Jana Nagyová

Proposal for a directive

Article 2 – paragraph 1 – point -1 f (new)

Directive 2010/75/EU

Article 8 – paragraph 4

Present textAmendment
(-1f) In Article 8, paragraph 4 is replaced by the following:
4. In situations not covered by paragraph 3 of this Article, where a persistent breach of the permit conditions poses a danger to human health or causes 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) has not been implemented, the operation of the installation, combustion plant, waste incineration plant, waste co-incineration plant or relevant part thereof may be suspended by the competent authority until compliance with the permit conditions is restored.‘4. In situations not covered by paragraph 3 of this Article, where a persistent breach of the permit conditions poses a danger to human health or causes 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) has not been implemented, the operation of the installation, combustion plant, waste incineration plant, waste co-incineration plant or relevant part thereof, with the exception of the installations listed in Annex Ia, may be suspended by the competent authority until compliance with the permit conditions is restored.’

Or. fr

Amendment 199

François-Xavier Bellamy, Céline Imart

Proposal for a directive

Article 2 – paragraph 1 – point -1 f (new)

Directive 2010/75/EU

Article 12 – paragraph 1 – point c and f

Text proposed by the CommissionAmendment
(-1f) In Article 12(1), point (c), is replaced by the following:
(c) the sources of emissions from the installation, including odours;(c) the sources of emissions from the installation;
(f) the nature and quantities of foreseeable emissions, including odours, from the installation into each medium, as well as an identification of significant effects of the emissions on the environment;(f) the nature and quantities of foreseeable emissions, including odours, from the installation into each medium, as well as an identification of significant effects of the emissions on the environment;

Or. fr

Amendment 200

Jessica Polfjärd

Proposal for a directive

Article 2 – paragraph -1 a (new)

Directive 2010/75/EU

Article 12 – Applications for permits

Present textAmendment
(-1a) " In Article 12(1), point f is replaced by the following:
(f) the nature and quantities of foreseeable emissions, including odours, from the installation into each medium, as well as an identification of significant effects of the emissions on the environment;(f) the nature and quantities of foreseeable emissions, from the installation into each medium, as well as an identification of significant effects of the emissions on the environment;"

Or. en

(02010L0075-20240804)

Amendment 201

Sergio Berlato, Michele Picaro, Pietro Fiocchi, Stefano Cavedagna, Nicola Procaccini, Antonella Sberna, Paolo Inselvini

Proposal for a directive

Article 2 - paragraph 1 – point -1 a

Directive 2010/75/EU

Article 12 – paragraph 1 – letter f

Present textAmendment
(-1a) In Article 12, paragraph 1, point (f) is replaced by the following:
(f) the nature and quantities of foreseeable emissions from the installation into each medium as well as identification of sig nificant effects of the emissions on the environment;"(f) the nature and quantities of emissions regulated in the BAT conclusions relevant to each specific sector or in case of absence of BAT conclusions specific for the sector foreseeable emissions including odours, from the installation into each medium, as well as an identification of significant effects of the emissions on the environment;"

Or. en

(https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32010L0075)

Amendment 202

Ondřej Knotek, Jana Nagyová, Antonín Staněk, Anne-Sophie Frigout, Viktória Ferenc

Proposal for a directive

Article 2 – paragraph 1- point -1 (new)

Directive (EU) 2024/1785, amending Directive 2010/75/EU

Article 13 – paragraph 1

Present textAmendment
(-1) in Article 13, paragraph 1 is replaced by the following:
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 or environmental protection, the European Chemicals Agency and the Commission. That exchange of information shall aim at an eight-year review cycle of BAT reference documents prioritising the documents that have the highest potential to improve the protection of human health or the environment. The duration of the exchange of information referred to in the first subparagraph shall not exceed four years for each individual BAT reference document."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, the European Chemicals Agency and the Commission. That exchange of information shall aim at an eight-year review cycle of BAT reference documents prioritising the documents that have the highest potential to improve the protection of human health or the environment. The duration of the exchange of information referred to in the first subparagraph shall not exceed four years for each individual BAT reference document."

Or. en

(Directive (EU) 2024/1785, amending Directive 2010/75/EU)

Amendment 203

Andrea Wechsler, Christian Ehler, Jens Gieseke, Angelika Niebler, Oliver Schenk, Norbert Lins, Zala Černilec Tomašič, Peter Liese, Wouter Beke

Proposal for a directive

Article 2 – paragraph 1- point -1 (new)

Directive 2010/75/EU

Article 13 – paragraph 1

Present textAmendment
(-1) in Article 13, paragraph 1 is replaced by the following:
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 or environmental protection, the European Chemicals Agency and the Commission. That exchange of information shall aim at an eight-year review cycle of BAT reference documents prioritising the documents that have the highest potential to improve the protection of human health or the environment. The duration of the exchange of information referred to in the first subparagraph shall not exceed four years for each individual BAT reference document."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, the European Chemicals Agency and the Commission. That exchange of information shall aim at an eight-year review cycle of BAT reference documents prioritising the documents that have the highest potential to improve the protection of human health or the environment. The duration of the exchange of information referred to in the first subparagraph shall not exceed four years for each individual BAT reference document."

Or. en

(https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02010L0075-20240804)

Justification

The amendment supports a more efficient and technically focused exchange of information for the preparation and review of BAT reference documents. Streamlining the process helps ensure predictable review cycles, reduces procedural complexity and allows the framework to focus on actors directly involved in implementation.

Amendment 204

Pietro Fiocchi

Proposal for a directive

Article 2 – paragraph 1 – point -1 (new)

Directive 2010/75/EU

Article 13 – paragraph 2 – subparagraph 2

Present textAmendment
(-1) in Article 13(2), the second subparagraph is replaced by the following:
Without prejudice to Union competition law, information considered to be confidential business information or commercially sensitive information shall only be shared with the Commission and, after having signed a confidentiality and non-disclosure agreement, with civil servants and other public employees representing Member States or Union agencies. Information shall be anonymised, in such a manner that it does not refer to a particular operator or installation, when shared with the other stakeholders involved in the exchange of information referred to in paragraph 1. Non-anonymised information may only be shared in cases where anonymising the information would not allow an effective exchange of information on BAT in the context of drawing up, reviewing and, where necessary, updating BAT reference documents, with representatives of non-governmental organisations promoting the protection of human health or the environment and representatives of associations representing the relevant industrial sectors, as appropriate, and where such representatives of organisations and associations have signed a confidentiality and non-disclosure agreement. The exchange of information considered to be confidential business information or commercially sensitive information shall remain strictly limited to what is technically required to draw up, review and, where necessary, update BAT reference documents, and such confidential business information or commercially sensitive information shall not be used for other purposes."Without prejudice to Union competition law, information considered to be confidential business information or commercially sensitive information shall only be shared with the Commission and, after they have signed a confidentiality and non-disclosure agreement, with civil servants and other public sector employees representing Member States or Union agencies. Information shall be anonymised, so as not to refer to a specific operator or installation, when shared with other stakeholders participating in the exchange of information referred to in paragraph 1. The sharing of non-anonymised information with representatives of non-governmental organisations or industrial associations is prohibited. The exchange of information considered to be confidential business information or sensitive commercial information shall remain strictly limited to what is technically necessary for the drawing up, review and, where necessary, updating of BAT reference documents, and such confidential business information or sensitive commercial information shall not be used for other purposes."

Or. en

(https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02010L0075-20240804&qid=1783407411429)

Justification

The option to deviate from data anonymisation introduces disproportionate and superfluous administrative complexity into the BREF process. Deleting this option follows the objectives of the Omnibus VIII initiative to reduce administrative burdens.

Amendment 205

François-Xavier Bellamy

Proposal for a directive

Article 2 – paragraph 1 – point 1- (new)

Directive 2010/75/EU

Article 13 – paragraph 3 – point d a (new)

Text proposed by the CommissionAmendment
In Article 13(3), the following point is added:
(e) guidelines on a harmonised methodology for setting the lower limit of emission levels associated with the best available techniques (BATs); these guidelines must be drawn up taking into account technical and economic feasibility, on the basis of representative samples of installations in the sector in question;

Or. fr

Amendment 206

François-Xavier Bellamy

Proposal for a directive

Article 2 – paragraph 1 – point -1 a (new)

Directive 2010/75/EU

Article 13 – paragraph 3 – subparagraph 3

Present textAmendment
(-1a) In Article 13(3), the fourth subparagraph is replaced by the following:
The guidance referred to in points (c) and (d) of the second subparagraph shall take account of the opinion of the forum and shall be adopted in accordance with the regulatory procedure referred to in Article 75(2).The guidance referred to in points (c), (d) and (e) of the second subparagraph shall take account of the opinion of the forum and shall be adopted in accordance with the regulatory procedure referred to in Article 75(2).

Or. fr

Amendment 207

Andrea Wechsler, Christian Ehler, Jens Gieseke, Angelika Niebler, Oliver Schenk, Norbert Lins, Zala Černilec Tomašič, Peter Liese, Wouter Beke

Proposal for a directive

Article 2 – paragraph 1 – point -1 a (new)

Directive 2010/75/EU

Article 14

Present textAmendment
-1a) Article 14 is replaced by the following:
Permit conditions"Permit conditions
1. Member States shall ensure that the permit includes all measures necessary to comply with the requirements of Articles 11 and 18. To that effect, Member States shall ensure that permits are granted further to consultation of all relevant authorities with a responsibility regarding compliance with Union environmental legislation, including with environmental quality standards. Those measures shall include at least the following: (a) emission limit values for polluting substances listed in Annex II to Regulation (EC) No 166/2006, and for other polluting substances, which are likely to be emitted from the installation concerned in significant quantities, having regard to their nature, their hazardousness and their potential to transfer pollution from one medium to another, taking into account the variation of water flow dynamics in receiving water bodies; (aa) environmental performance limit values in accordance with Article 15(4); (ab) appropriate requirements ensuring the assessment of the need to prevent or reduce the emissions of substances fulfilling the criteria of Article 57 or substances addressed in restrictions in Annex XVII to regulation (EC) No 1907/2006; (b) appropriate requirements ensuring protection of the soil, ground water, surface water and catchment areas for abstraction points of water intended for human consumption as referred to in Article 7 of Directive (EU) 2020/2184, and measures concerning the moni toring and management of waste generated by the installation; (ba) appropriate requirements laying down the characteristics of an environmental management system in accordance with Article 14a; (bb) suitable monitoring requirements for the consumption and reuse of resources such as energy, water and raw materials; (c) suitable emission monitoring requirements specifying: (i) measurement methodology, frequency and evaluation procedure; and (ii) where Article 15(3)(b) is applied, that results of emission monitoring are available for the same periods of time and reference conditions as for the emission levels associated with the best available techniques; (d) an obligation to supply the competent authority regularly, and at least annually, with: (i) information on the basis of results of emission monitoring referred to in point (c) and other required data that enables the competent authority to verify compliance with the permit conditions; and (ii) where Article 15(3)(b) is applied, a summary of the results of emission monitoring which allows a comparison with the emission levels associated with the best available techniques; (iii) information on progress towards fulfilment of the environ mental policy objectives referred to in Article 14a; (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; (f) measures relating to conditions other than normal operating conditions such as start-up and shut-down operations, leaks, malfunctions, momentary stoppages and definitive cessation of operations; (g) provisions on the minimisation of long-distance or transboundary pollution; (h) conditions for assessing compliance with the emission limit values and environmental performance limit values or a reference to the applicable requirements specified elsewhere. 2. For the purpose of paragraph 1(a), emission limit values may be supplemented or replaced by equivalent parameters or technical measures ensuring an equivalent level of environmental protection. 3. BAT conclusions shall be the reference for setting the permit conditions. 4. Without prejudice to Article 18, the competent authority may set stricter permit conditions than those achievable by the use of the best available techniques as described in the BAT conclusions. Member States may establish rules under which the competent authority may set such stricter conditions. 5. Where the competent authority sets permit conditions on the basis of a best available technique not described in any of the relevant BAT conclusions, it shall ensure that: (a) that technique is determined by giving special consideration to the criteria listed in Annex III; and (b) the requirements of Article 15 are complied with. Where the BAT conclusions referred to in the first subparagraph do not contain emission levels associated with the best available techniques, the competent authority shall ensure that the technique referred to in the first subparagraph ensures a level of environmental protection equivalent to the best available techniques described in the BAT conclusions. 6. Where an activity or a type of production process carried out within an installation is not covered by any of the BAT conclusions or where those conclusions do not address all the potential environ mental effects of the activity or process, the competent authority shall, after prior consultations with the operator, set the permit conditions on the basis of the best available techniques that it has determined for the activities or processes concerned, by giving special consideration to the criteria listed in Annex III. 7. For installations referred to in point 6.6 of Annex I, paragraphs 1 to 6 of this Article shall apply without prejudice to the legislation relating to animal welfare.1. Member States shall ensure that the permit includes all measures necessary to comply with the requirements of Articles 11 and 18. To that effect, Member States shall ensure that permits are granted further to consultation of all relevant authorities with a responsibility regarding compliance with Union environmental legislation, including with environmental quality standards. Those measures shall include at least the following: (a) emission limit values for polluting substances listed in Annex II to Regulation (EC) No 166/2006, and for other polluting substances, which are likely to be emitted from the installation concerned in significant quantities, having regard to their nature, their hazardousness and their potential to transfer pollution from one medium to another, taking into account the variation of water flow dynamics in receiving water bodies; (ab) appropriate requirements ensuring the assessment of the need to prevent or reduce the emissions of substances fulfilling the criteria of Article 57 or substances addressed in restrictions in Annex XVII to regulation (EC) No 1907/2006; (b) appropriate requirements ensuring protection of the soil, ground water, surface water and catchment areas for abstraction points of water intended for human consumption as referred to in Article 7 of Directive (EU) 2020/2184, and measures concerning the moni toring and management of waste generated by the installation; (c) suitable emission monitoring requirements specifying: (i) measurement methodology, frequency and evaluation procedure; and (ii) where Article 15(3)(b) is applied, that results of emission monitoring are available for the same periods of time and reference conditions as for the emission levels associated with the best available techniques; (d) an obligation to supply the competent authority regularly, and at least annually, with: (i) information on the basis of results of emission monitoring referred to in point (c) and other required data that enables the competent authority to verify compliance with the permit conditions; and (ii) where Article 15(3)(b) is applied, a summary of the results of emission monitoring which allows a comparison with the emission levels associated with the best available techniques; (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; (f) measures relating to conditions other than normal operating conditions such as start-up and shut-down operations, leaks, malfunctions, momentary stoppages and definitive cessation of operations; (g) provisions on the minimisation of long-distance or transboundary pollution; (h) conditions for assessing compliance with the emission limit values or a reference to the applicable requirements specified elsewhere. 2. For the purpose of paragraph 1(a), emission limit values may be supplemented or replaced by equivalent parameters or technical measures ensuring an equivalent level of environmental protection. 3. BAT conclusions shall be the reference for setting the permit conditions. 5. Where the competent authority sets permit conditions on the basis of a best available technique not described in any of the relevant BAT conclusions, it shall ensure that: (a) that technique is determined by giving special consideration to the criteria listed in Annex III; and (b) the requirements of Article 15 are complied with. Where the BAT conclusions referred to in the first subparagraph do not contain emission levels associated with the best available techniques, the competent authority shall ensure that the technique referred to in the first subparagraph ensures a level of environmental protection equivalent to the best available techniques described in the BAT conclusions. 6. Where an activity or a type of production process carried out within an installation is not covered by any of the BAT conclusions or where those conclusions do not address all the potential environ mental effects of the activity or process, the competent authority shall, after prior consultations with the operator, set the permit conditions on the basis of the best available techniques that it has determined for the activities or processes concerned, by giving special consideration to the criteria listed in Annex III. 7. For installations referred to in point 6.6 of Annex I, paragraphs 1 to 6 of this Article shall apply without prejudice to the legislation relating to animal welfare. "

Or. en

(https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02010L0075-20240804)

Justification

The amendment simplifies permit conditions by removing additional requirements that risk duplicating existing obligations and overcomplicating the permitting process. It preserves the core BAT-based framework of the Directive, strengthens legal certainty for operators and competent authorities and ensures effective environmental protection without unnecessary administrative burden.

Amendment 208

Pietro Fiocchi

Proposal for a directive

Article 2 – paragraph 1 – point -1 a (new)

Directive 2010/75/EU

Article 14 – paragraph 1 – subparagraph 2 – point a

Present textAmendment
(-1a) in Article 14(1), point (a) is replaced by the following:
(a) emission limit values for polluting substances listed in Annex II to Regulation (EC) No 166/2006, and for other polluting substances, which are likely to be emitted from the installation concerned in significant quantities, having regard to their nature, their hazardousness and their potential to transfer pollution from one medium to another, taking into account the variation of water flow dynamics in receiving water bodies;"(a) emission limit values for polluting substances regulated in BAT conclusions relevant to each specific sector or, in case of absence of BAT conclusions specific for the sector, substances listed in Annex II to Regulation (EC) No 166/2006, and for other polluting substances, which are likely to be emitted from the installation concerned in significant quantities, having regard to their nature, their hazardousness and their potential to transfer pollution from one medium to another, taking into account the variation of water flow dynamics in receiving water bodies;"

Or. en

(https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02010L0075-20240804&qid=1783407411429)

Justification

Setting Emission Limit Values (ELVs) must be strictly focused on key pollutants relevant to the sector as defined in the BAT conclusions. Allowing general or non-specific parameters to be included in permit conditions creates severe legal uncertainty and cross-media monitoring inefficiencies. By restricting ELVs to sector-relevant substances, this provision rationalizes technical controls, lightens the bureaucratic workload for industrial sites, and prevents heterogeneous application across Member States.

Amendment 209

Pietro Fiocchi

Proposal for a directive

Article 2 – paragraph 1 – point -1 b (new)

Directive 2010/75/EU

Article 14 – paragraph 1 – subparagraph 2 – point ab

Present textAmendment
(-1b) in Article 14(1), point (ab) is replaced by the following:
(ab) appropriate requirements ensuring the assessment of the need to prevent or reduce the emissions of substances fulfilling the criteria of Article 57 or substances addressed in restrictions in Annex XVII to regulation (EC) No 1907/2006;"(ab) appropriate requirements ensuring the assessment of the need to prevent or reduce the emissions of substances regulated inside the BAT conclusions relevant to each specific sector or in case of absence of BAT conclusions specific for the sector substances fulfilling the criteria of Article 57 or substances addressed in restrictions in Annex XVII to regulation (EC) No 1907/2006;"

Or. en

(https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02010L0075-20240804&qid=1783407411429)

Justification

The systematic requirement to assess environmental risks for all REACH substances under the IED creates a redundant and unmanageable administrative process. This provision duplicates existing REACH procedures and increases the reporting workload for operators without objective environmental added value.

Amendment 210

Elżbieta Katarzyna Łukacijewska, Krzysztof Hetman

Proposal for a directive

Article 2 – paragraph 1 – point -1 a (new)

Directive 2010/75/EU

Article 14 – paragraph 1 – subparagraph 2 – point (ba)

Text proposed by the CommissionAmendment
(-1a) in Article 14(1), second subparagraph, point (ba) is deleted.

Or. en

Justification

The EMS obligation already follows from Article 14a and can be verified through environmental inspections. Including EMS characteristics in permits risks additional permit updates and burdens for competent authorities and operators without corresponding environmental benefit.

Amendment 211

Sergio Berlato, Michele Picaro, Pietro Fiocchi, Stefano Cavedagna, Nicola Procaccini, Antonella Sberna, Paolo Inselvini

Proposal for a directive

Article 2 – paragraph 1 - point -1 b (new)

Directive 2010/75/EU

Article 14 – paragraph 4

Present textAmendment
(-1b) in Article 14, paragraph 4 is replaced by the following:
Without prejudice to Article 18, the competent authority may set stricter permit conditions than those achievable by the use of the best available techniques as described in the BAT con clusions. Member States may establish rules under which the competent authority may set such stricter conditions."Without prejudice to Article 18, the competent authority may set stricter permit conditions than those achievable by the use of the best available techniques as described in the BAT con clusions. Member States may establish rules under which the competent authority may set such stricter conditions, provided that these rules are based on a comprehensive, public socio-economic and environmental impact assessment justifying the local necessity of such stricter measures."

Or. en

(https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32010L0075)

Amendment 212

Ondřej Knotek, Jana Nagyová, Antonín Staněk, Anne-Sophie Frigout

Proposal for a directive

Article 2 – paragraph 1- point -1 (new)

Directive 2010/75/EU

Article 14

Present textAmendment
(-1) Article 14 is amended as follows:
Article 14"Article 14
Permit conditionsPermit conditions
1. Member States shall ensure that the permit includes all measures necessary to comply with the requirements of Articles 11 and 18. To that effect, Member States shall ensure that permits are granted further to consultation of all relevant authorities with a responsibility regarding compliance with Union environmental legislation, including with environmental quality standards.1. Member States shall ensure that the permit includes all measures necessary to comply with the requirements of Articles 11 and 18. To that effect, Member States shall ensure that permits are granted further to consultation of all relevant authorities with a responsibility regarding compliance with Union environmental legislation, including with environmental quality standards.
Those measures shall include at least the following:Those measures shall include at least the following:
(a) emission limit values for polluting substances listed in Annex II to Regulation (EC) No 166/2006, and for other polluting substances, which are likely to be emitted from the installation concerned in significant quantities, having regard to their nature, their hazardousness and their potential to transfer pollution from one medium to another, taking into account the variation of water flow dynamics in receiving water bodies;(a) emission limit values for polluting substances listed in Annex II to Regulation (EC) No 166/2006, and for other polluting substances, which are likely to be emitted from the installation concerned in significant quantities, having regard to their nature, their hazardousness and their potential to transfer pollution from one medium to another, taking into account the variation of water flow dynamics in receiving water bodies;
(aa) environmental performance limit values in accordance with Article 15(4);(ab) appropriate requirements ensuring the assessment of the need to prevent or reduce the emissions of substances fulfilling the criteria of Article 57 or substances addressed in restrictions in Annex XVII to regulation (EC) No 1907/2006;
(ab) appropriate requirements ensuring the assessment of the need to prevent or reduce the emissions of substances fulfilling the criteria of Article 57 or substances addressed in restrictions in Annex XVII to regulation (EC) No 1907/2006;(b) appropriate requirements ensuring protection of the soil, groundwater, surface water and catchment areas for abstraction points of water intended for human consumption as referred to in Article 7 of Directive (EU) 2020/2184, and measures concerning the monitoring and management of waste generated by the installation;
(b) appropriate requirements ensuring protection of the soil, groundwater, surface water and catchment areas for abstraction points of water intended for human consumption as referred to in Article 7 of Directive (EU) 2020/2184, and measures concerning the monitoring and management of waste generated by the installation;(c) suitable emission monitoring requirements specifying:
(ba) appropriate requirements laying down the characteristics of an environmental management system in accordance with Article 14a;(i) measurement methodology, frequency and evaluation procedure; and
(bb) suitable monitoring requirements for the consumption and reuse of resources such as energy, water and raw materials;(ii) where Article 15(3)(b) is applied, that results of emission monitoring are available for the same periods of time and reference conditions as for the emission levels associated with the best available techniques;
(c) suitable emission monitoring requirements specifying:(d) an obligation to supply the competent authority regularly, and at least annually, with:
(i) measurement methodology, frequency and evaluation procedure; and(i) information on the basis of results of emission monitoring referred to in point (c) and other required data that enables the competent authority to verify compliance with the permit conditions; and
(ii) where Article 15(3)(b) is applied, that results of emission monitoring are available for the same periods of time and reference conditions as for the emission levels associated with the best available techniques;(ii) where Article 15(3)(b) is applied, a summary of the results of emission monitoring which allows a comparison with the emission levels associated with the best available techniques;
(d) an obligation to supply the competent authority regularly, and at least annually, with:(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;
(i) information on the basis of results of emission monitoring referred to in point (c) and other required data that enables the competent authority to verify compliance with the permit conditions; and(f) measures relating to conditions other than normal operating conditions such as start-up and shut-down operations, leaks, malfunctions, momentary stoppages and definitive cessation of operations;
(ii) where Article 15(3)(b) is applied, a summary of the results of emission monitoring which allows a comparison with the emission levels associated with the best available techniques;(g) provisions on the minimisation of long-distance or transboundary pollution;
(iii) information on progress towards fulfilment of the environmental policy objectives referred to in Article 14a;(h) conditions for assessing compliance with the emission limit values or a reference to the applicable requirements specified elsewhere.
(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;2. For the purpose of paragraph 1(a), emission limit values may be supplemented or replaced by equivalent parameters or technical measures ensuring an equivalent level of environmental protection.
(f) measures relating to conditions other than normal operating conditions such as start-up and shut-down operations, leaks, malfunctions, momentary stoppages and definitive cessation of operations;3. BAT conclusions shall be the reference for setting the permit conditions.
(g) provisions on the minimisation of long-distance or transboundary pollution;5. Where the competent authority sets permit conditions on the basis of a best available technique not described in any of the relevant BAT conclusions, it shall ensure that:
(h) conditions for assessing compliance with the emission limit values and environmental performance limit values or a reference to the applicable requirements specified elsewhere.(a) that technique is determined by giving special consideration to the criteria listed in Annex III; and
2. For the purpose of paragraph 1(a), emission limit values may be supplemented or replaced by equivalent parameters or technical measures ensuring an equivalent level of environmental protection.(b) the requirements of Article 15 are complied with. Where the BAT conclusions referred to in the first subparagraph do not contain emission levels associated with the best available techniques, the competent authority shall ensure that the technique referred to in the first subparagraph ensures a level of environmental protection equivalent to the best available techniques described in the BAT conclusions.
3. BAT conclusions shall be the reference for setting the permit conditions.6. Where an activity or a type of production process carried out within an installation is not covered by any of the BAT conclusions or where those conclusions do not address all the potential environmental effects of the activity or process, the competent authority shall, after prior consultations with the operator, set the permit conditions on the basis of the best available techniques that it has determined for the activities or processes concerned, by giving special consideration to the criteria listed in Annex III. 7. For installations referred to in point 6.6 of Annex I, paragraphs 1 to 6 of this Article shall apply without prejudice to the legislation relating to animal welfare."
4. Without prejudice to Article 18, the competent authority may set stricter permit conditions than those achievable by the use of the best available techniques as described in the BAT conclusions. Member States may establish rules under which the competent authority may set such stricter conditions.
5. Where the competent authority sets permit conditions on the basis of a best available technique not described in any of the relevant BAT conclusions, it shall ensure that:
(a) that technique is determined by giving special consideration to the criteria listed in Annex III; and
(b) the requirements of Article 15 are complied with. Where the BAT conclusions referred to in the first subparagraph do not contain emission levels associated with the best available techniques, the competent authority shall ensure that the technique referred to in the first subparagraph ensures a level of environmental protection equivalent to the best available techniques described in the BAT conclusions.

Or. en

(Directive (EU) 2024/1785 amending Directive 2010/75/EU)

Amendment 213

Ondřej Knotek, Jana Nagyová, Antonín Staněk, Anne-Sophie Frigout, Roman Haider

Proposal for a directive

Article 2 – paragraph 1 – point 1

Directive (EU)2024/1785, amending Directive 2010/75/EU

Article 14a

Text proposed by the CommissionAmendment
(1) [...]deleted

Or. en

Amendment 214

Andreas Glück

Proposal for a directive

Article 2 – paragraph 1 – point 1 – introductory part

Text proposed by the CommissionAmendment
(1) Article 14a is replaced by the following:(1) Article 14a is deleted;

Or. en

Justification

Requiring a mandatory EMS as part of the permit would lead to further procedural delays and represents a massive administrative burden for companies covered by the IED. Most companies have already implemented an EMS according to international norms like ISO 14001.

Amendment 215

Ondřej Knotek, Jana Nagyová, Antonín Staněk, Anne-Sophie Frigout, Roman Haider

Proposal for a directive

Article 2 – paragraph 1 – point 1 – introductory part

Directive 2010/75/EU

Article 14a

Text proposed by the CommissionAmendment
(1) Article 14a is replaced by the following:(1) Article 14a is deleted;
(Article 14a is deleted)

Or. en

Amendment 216

Martin Günther, Sebastian Everding, Per Clausen

Proposal for a directive

Article 2 – paragraph 1 – point 1 – introductory part

Text proposed by the CommissionAmendment
(1) Article 14a is replaced by the following:(1) Article 14a(1) is replaced by the following:

Or. en

Amendment 217

Martin Günther, Sebastian Everding, Per Clausen

Proposal for a directive

Article 2 – paragraph 1 – point 1

Directive 2010/75/EU

Article 14a

Text proposed by the CommissionAmendment
Article 14adeleted

Or. en

Amendment 218

Martin Günther, Sebastian Everding, Per Clausen

Proposal for a directive

Article 2 – paragraph 1 – point 1

Directive 2010/75/EU

Article 14a – Title

Text proposed by the CommissionAmendment
Environmental management systemdeleted

Or. en

Amendment 219

Alexander Bernhuber

Proposal for a directive

Article 2 – paragraph 1 – point 1

Directive 2010/75/EC

Article 14a – paragraph 1

Text proposed by the CommissionAmendment
1. Where, in the same Member State, two or more installations are under the control of the same operator, or where two or more installations are under the control of different operators but belong to the same company which is formed in accordance with the legislation of a Member State, those installations may be covered by a single EMS. The EMS shall comply with relevant BAT conclusions that determine aspects to be covered in the EMS.deleted

Or. en

Justification

The mandatory publication of EMS contents in the internet shall be deleted to avoid additional red tape and the publication of production-related data. There is no added environmental value.

Amendment 220

Michal Wiezik, Martin Hojsík

Proposal for a directive

Article 2 – paragraph 1 – point 1

Directive 2010/75/EC

Article 14a – paragraph 1

Text proposed by the CommissionAmendment
1. Where, in the same Member State, two or more installations are under the control of the same operator, or where two or more installations are under the control of different operators but belong to the same company which is formed in accordance with the legislation of a Member State, those installations may be covered by a single EMS. The EMS shall comply with relevant BAT conclusions that determine aspects to be covered in the EMS.1. Where, in the same Member State, two or more installations are under the control of the same operator, or where two or more installations located in the same Member State are under the control of different operators but belong to the same company which is formed in accordance with the legislation of that Member State, those installations may be covered by a single EMS, provided that at least measures listed in the second paragraph under (a) and (da) are implemented by each installation covered by the single EMS. The EMS shall comply with relevant BAT conclusions that determine aspects to be covered in the EMS.
Further, the EMS shall include additional information related to wider considerations of water security related to health and resilience of the catchment relevant for the installation or installations.

Or. en

Amendment 221

Martin Günther, Sebastian Everding, Per Clausen

Proposal for a directive

Article 2 – paragraph 1 – point 1

Directive 2010/75/EU

Article 14a – paragraph 1

Text proposed by the CommissionAmendment
1. Where, in the same Member State, two or more installations are under the control of the same operator, or where two or more installations are under the control of different operators but belong to the same company which is formed in accordance with the legislation of a Member State, those installations may be covered by a single EMS. The EMS shall comply with relevant BAT conclusions that determine aspects to be covered in the EMS.1. Where, in the same Member State, two or more installations are under the control of the same operator, or where two or more installations are under the control of different operators but belong to the same company which is formed in accordance with the legislation of a Member State, those installations may be covered by a single EMS. The EMS shall comply with relevant BAT conclusions that determine aspects to be covered in the EMS. Where a single EMS covers several installations, environmental objectives, performance indicators, inventories and other information required pursuant to this Article shall remain available at installation level.

Or. en

Justification

Additional wording would prevent companies from claiming that data can be reported only in an aggregated form through a single EMS. Under the IED, environmental compliance is evaluated and enforced for each individual installation rather than at company level. For this reason, competent authorities need access to installation-specific environmental data to properly assess and verify environmental performance. This level of detail is also essential for the development of the BREFs under the IED. These reference documents form the basis for the permit conditions that authorities issue or update for individual installations. Reporting only at company level would not provide the level of detail needed either to evaluate the environmental performance of individual factories or to support the EU BREF process.

Amendment 222

Thomas Bajada, Annalisa Corrado

Proposal for a directive

Article 2 – paragraph 1 – point 1

Directive 2010/75/EU

Article 14a – paragraph 1

Text proposed by the CommissionAmendment
1. Where, in the same Member State, two or more installations are under the control of the same operator, or where two or more installations are under the control of different operators but belong to the same company which is formed in accordance with the legislation of a Member State, those installations may be covered by a single EMS. The EMS shall comply with relevant BAT conclusions that determine aspects to be covered in the EMS.1. Where, in the same Member State, two or more installations are under the control of the same operator, or where two or more installations are under the control of different operators but belong to the same company which is formed in accordance with the legislation of a Member State, those installations may be covered by a single EMS. Where several installations are covered by a single EMS, information on environmental performance shall be provided separately for each installation. The EMS shall comply with relevant BAT conclusions that determine aspects to be covered in the EMS.

Or. en

Amendment 223

Jutta Paulus

Proposal for a directive

Article 2 – paragraph 1 – point 1

Directive 2010/75/EU

Article 14a – paragraph 1

Text proposed by the CommissionAmendment
1. Where, in the same Member State, two or more installations are under the control of the same operator, or where two or more installations are under the control of different operators but belong to the same company which is formed in accordance with the legislation of a Member State, those installations may be covered by a single EMS. The EMS shall comply with relevant BAT conclusions that determine aspects to be covered in the EMS.1. Where, in the same Member State, two or more installations are under the control of the same operator, or where two or more installations are under the control of different operators but belong to the same company which is formed in accordance with the legislation of a Member State, those installations may be covered by a single EMS provided that information on environmental performance is installation-specific. The EMS shall comply with relevant BAT conclusions that determine aspects to be covered in the EMS.

Or. en

Amendment 224

Anna Zalewska

Proposal for a directive

Article 2 – paragraph 1 – point 1

Directive 2010/75/EU

Article 14a – paragraph 1

Text proposed by the CommissionAmendment
1. Where, in the same Member State, two or more installations are under the control of the same operator, or where two or more installations are under the control of different operators but belong to the same company which is formed in accordance with the legislation of a Member State, those installations may be covered by a single EMS. The EMS shall comply with relevant BAT conclusions that determine aspects to be covered in the EMS.1. Where, in the same Member State, two or more installations are under the control of the same operator, or where two or more installations are under the control of different operators but belong to the same company which is formed in accordance with the legislation of a Member State, those installations may be covered by a single EMS.

Or. en

Amendment 225

Andreas Glück

Proposal for a directive

Article 2 – paragraph 1 – point 1

Directive 2010/75/EU

Article 14a – paragraph 1

Text proposed by the CommissionAmendment
1. Where, in the same Member State, two or more installations are under the control of the same operator, or where two or more installations are under the control of different operators but belong to the same company which is formed in accordance with the legislation of a Member State, those installations may be covered by a single EMS. The EMS shall comply with relevant BAT conclusions that determine aspects to be covered in the EMS.1. Where, in the same Member State, two or more installations are under the control of the same operator, or where two or more installations are under the control of different operators but belong to the same company which is formed in accordance with the legislation of a Member State, those installations may be covered by a single EMS.

Or. en

Justification

Operators of plants covered by the IED are already obliged to comply with BAT conclusions through other means.

Amendment 226

Anna Zalewska

Proposal for a directive

Article 2 – paragraph 1 – point 1

Directive 2010/75/EU

Article 14a – paragraph 1 a (new)

Text proposed by the CommissionAmendment
1a. It shall be presumed that an operator that implements an environmental management system in accordance with ISO 14001, or the European Eco-Management and Audit Scheme (EMAS) fulfils the requirements set out in this Article.

Or. en

Amendment 227

Martin Günther, Sebastian Everding, Per Clausen

Proposal for a directive

Article 2 – paragraph 1 – point 1

Directive 2010/75/EU

Article 14a – paragraph 2

Text proposed by the CommissionAmendment
2. The EMS shall include at least the following:deleted
(a) environmental policy objectives for the continuous improvement of the environmental performance and safety of the concerned installations, which shall include measures to
(i) prevent the generation of waste;
(ii) optimise resource and energy use and water reuse;
(iii) prevent or reduce the use or emissions of hazardous substances;
(b) objectives and performance indicators in relation to significant environmental aspects, which shall take into account benchmarks set out in the relevant BAT conclusions;
(c) for installations belonging to enterprises covered by the obligation to conduct an energy audit or implement an energy management system pursuant to Article 8 of Directive 2012/27/EU*, inclusion of the results of that audit or implementation of the energy management system pursuant to Article 8 of and Annex VI to that Directive and of the measures to implement their recommendations;
(d) measures taken to achieve the environmental objectives and avoid risks for human health or the environment, including corrective and preventive measures where needed.

Or. en

Amendment 228

Elżbieta Katarzyna Łukacijewska, Krzysztof Hetman

Proposal for a directive

Article 2 – paragraph 1 – point 1

Directive 2010/75/EU

Article 14a – paragraph 2 – introductory part

Text proposed by the CommissionAmendment
2. The EMS shall include at least the following:2. Unless the EMS is prepared in accordance with the Eco-Management and Audit Scheme (EMAS), ISO 14001 or equivalent relevant European or international environmental management standards certified by accredited bodies, the EMS shall include at least the following:

Or. en

Justification

Recognition of EMAS/ISO 14001 avoids duplication and supports the use of existing, internationally recognised environmental management systems. Certification should be sufficient to demonstrate compliance where the scope covers the relevant installation(s).

Amendment 229

Thomas Bajada, Annalisa Corrado

Proposal for a directive

Article 2 – paragraph 1 – point 1

Directive 2010/75/EU

Article 14a – paragraph 2 – point a – point ii

Text proposed by the CommissionAmendment
(ii) optimise resource and energy use and water reuse;(ii) optimise resource and energy use and water reuse and reduction;

Or. en

Amendment 230

Elżbieta Katarzyna Łukacijewska, Krzysztof Hetman

Proposal for a directive

Article 2 – paragraph 1 – point 1

Directive 2010/75/EU

Article 14a – point 2 – subparagraph 1 a (new)

Text proposed by the CommissionAmendment
An EMS certified under EMAS, ISO 14001 or equivalent relevant European or international environmental management standards certified by accredited bodies shall be deemed to comply with this Article, provided that the scope of certification covers the installation or installations concerned.

Or. en

Amendment 231

Andreas Glück

Proposal for a directive

Article 2 – paragraph 1 – point 1

Directive 2010/75/EU

Article 14a – paragraph 2 – point b

Text proposed by the CommissionAmendment
(b) objectives and performance indicators in relation to significant environmental aspects, which shall take into account benchmarks set out in the relevant BAT conclusions;(b) objectives and performance indicators in relation to significant environmental aspects;

Or. en

Justification

Requiring EMS objectives and performance indicators to take such BAT benchmarks into account would effectively reintroduce an installation-specific approach.

Amendment 232

Elżbieta Katarzyna Łukacijewska, Krzysztof Hetman

Proposal for a directive

Article 2 – paragraph 1 – point 1

Directive 2010/75/EU

Article 14a – paragraph 2 – point b

Text proposed by the CommissionAmendment
(b) objectives and performance indicators in relation to significant environmental aspects, which shall take into account benchmarks set out in the relevant BAT conclusions;(b) objectives and performance indicators in relation to significant environmental aspects.

Or. en

Justification

The reference to BAT benchmarks limits the practical effect of EMS simplification. EMS should remain a flexible management tool adapted to the nature, scale and complexity of installations, rather than an additional route for imposing installation-specific BAT-related obligations.

Amendment 233

Michal Wiezik, Martin Hojsík

Proposal for a directive

Article 2 – paragraph 1 – point 1

Directive 2010/75/EU

Article 14a – paragraph 2– point b

Text proposed by the CommissionAmendment
(b) objectives and performance indicators in relation to significant environmental aspects, which shall take into account benchmarks set out in the relevant BAT conclusions;(b) objectives and performance indicators in relation to significant environmental aspects, which shall take due account of benchmarks set out in the relevant BAT conclusions;

Or. en

Justification

letter b) text represents an unchanged part of the directive adopted in 2024 which the ENVI report amends. that change is contested, and full support to the reading of the Directive in 2024 is provided by this amendment. water use and the its efficiency might in number of sectors due to lack of data be represented in BAT conclusions by benchmarks only. this doesnt mean that this element doenst represent a significant environment aspect for installation in question and that a continuous improvement on this aspect should not be considered in an EMS.

Amendment 234

Jutta Paulus

Proposal for a directive

Article 2 – paragraph 1 – point 1

Directive 2010/75/EU

Article 14a – paragraph 2 – point c a (new)

Text proposed by the CommissionAmendment
(ca) a chemicals inventory of the hazardous substances present in or emitted from the installation as such, as constituents of other substances or as part of mixtures, with special regard given to substances of very high concern according to Article 57 of Regulation (EC) No 1907/2006 and substances addressed in restrictions referred to in Annex XVII to Regulation (EC) No 1907/2006. For these substances, a risk assessment of the impact of such substances on workers’ and citizens’ health and the environment, as well as an analysis of the possibilities for substituting them with safer alternatives or reducing their use or emissions;

Or. en

Amendment 235

Michal Wiezik, Martin Hojsík

Proposal for a directive

Article 2 – paragraph 1 – point 1

Directive 2010/75/EU

Article 14a– paragraph 2– point d

Text proposed by the CommissionAmendment
(d) measures taken to achieve the environmental objectives and avoid risks for human health or the environment, including corrective and preventive measures where needed.(d) measures taken to achieve the environmental objectives and avoid risks for human health or the environment, including corrective and preventive measures where needed, and measures taken to avoid water risks of stranding assets in future, in particular water stewardship and restoration measures delivering volumetric water benefits.

Or. en

Justification

Within the food and beverage sector, these practices have already been adopted by a number of industry leaders and should be actively promoted as a benchmark for securing the future of water-dependent industries. While water dependency spans all sectors to varying degrees, it remains a critical risk factor for all. Consequently, integrating these measures can significantly enhance Environmental Management Systems (EMS), strengthening the long-term economic resilience of both individual installations and the broader enterprise.

Amendment 236

Michal Wiezik, Martin Hojsík

Proposal for a directive

Article 2 – paragraph 1 – point 1

Directive 2010/75/EU

Article 14a – paragraph 2– point d a (new)

Text proposed by the CommissionAmendment
(da) a chemicals inventory of at least the substances with harmonised classification and labelling, of all hazard classes, listed in Regulation (EC) No 1272/2008, present in or emitted from the installation as such, as constituents of other substances or as part of mixtures, and of a subset of PFAS on the list of groundwater pollutants and of priority substances as listed in Annex III and Annex VI to Directive (EU) 2026/805; and a risk assessment of the impact of these substances on human health and the environment, as well as an analysis of the possibilities for substituting them with safer alternatives or reducing their use or emissions.

Or. en

Justification

Deletion of chemical inventory and chemical management system is not justified. Report from Finnish Environmental Institute co-financed from Interreg Baltic Region Strengthening chemicals management in Best Available Techniques Reference Documents from 2021 clearly identified the need for such inventory and was proposed in the EC proposal for IED2.0 in 2022. EPRS service couldnt find any overlap of obligations under CMS in IED adopted in 2024 with obligations under other ENVI legislation. This amendment proposes limiting the scope of such inventory to classified substances, plus a subset of PFAS substances for which environmetnal quality standards and standards for groundwater were agreed in 2026 and the reduction of which is necessary if MS are to strive to comply in future with the standards, and thus significantly limits the burden on installations.

Amendment 237

Jutta Paulus

Proposal for a directive

Article 2 – paragraph 1 – point 1

Directive 2010/75/EU

Article 14a – paragraph 2 – point d a (new)

Text proposed by the CommissionAmendment
(da) a transformation plan as referred to in Article 27d.

Or. en

Amendment 238

Thomas Bajada, Annalisa Corrado

Proposal for a directive

Article 2 – paragraph 1 – point 1

Directive 2010/75/EU

Article 14a – paragraph 2 – point d a (new)

Text proposed by the CommissionAmendment
(da) a transformation plan as referred to in Article 27d.

Or. en

Amendment 239

Alexander Bernhuber

Proposal for a directive

Article 2 – point 1 (new)

Directive 2010/75/EU

Article 14a – paragraph 2 – point d a (new)

Present textAmendment
(da) commonly used and widely understood systems such as ISO 14001 and EMAS as well as sector-specific systems recognised by a Member State are explicitly recognised as an Environmental Management System within the meaning of the present Article 14a.

Or. en

(2010/75/EU)

Justification

The elements listed in Article 14a (2) of Directive 2010/75/EU are commonly incorporated in EMAS and ISO 14001 as well as other systems. In addition, there are sector-specific EMS in Member States that are even audited and certified by EMAS-auditors and are therefore recognised by the authorities. It must thus be made absolutely clear that these systems are considered an EMS according to the meaning of Article 14a.

Amendment 240

Martin Günther, Sebastian Everding, Per Clausen

Proposal for a directive

Article 2 – paragraph 1 – point 1

Directive 2010/75/EU

Article 14a – paragraph 3

Text proposed by the CommissionAmendment
3. The level of detail of the EMS shall be consistent with the nature, scale and complexity of the concerned installations, and the range of environmental impacts they could have.deleted
Where elements required to be included in the EMS, including objectives, performance indicators or measures, have already been developed in accordance with other relevant Union legislation and comply with this Article, a reference in the EMS to the relevant documents shall be sufficient.

Or. en

Amendment 241

Andreas Glück

Proposal for a directive

Article 2 – paragraph 1 – point 1

Directive 2010/75/EU

Article 14a – paragraph 3 a (new)

Text proposed by the CommissionAmendment
3a. For operators that implement an environmental management system in accordance with ISO 14001, the European Eco-Management and Audit Scheme (EMAS) or other established systems it shall be presumed that they fulfil the requirements set out in this Article.

Or. en

Amendment 242

Jutta Paulus

Proposal for a directive

Article 2 – paragraph 1 – point 1

Directive 2010/75/EU

Article 14a – paragraph 3 – subparagraph 3

Text proposed by the CommissionAmendment
By 1 July 2028, the Commission shall adopt an implementing act specifying the circumstances in which operators may consider that elements of the EMS are developed in accordance with other relevant Union legislation and may therefore only include a reference in the EMS to the relevant documents. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 75(2).

Or. en

Amendment 243

Martin Günther

Proposal for a directive

Article 2 – paragraph 1 – point 1

Directive 2010/75/EU

Article 14a – paragraph 3 a (new)

Text proposed by the CommissionAmendment
3a. It shall be presumed that an operator that implements an environmental management system in accordance with the European Eco-Management and Audit Scheme (EMAS) fulfils the requirements set out in this Article.
Member States may also provide that operators of installations or waste management facilities certified under equivalent national environmental management schemes, which meet the relevant requirements of this Directive, fulfil the requirements set out in this Article.

Or. en

Justification

Regarding waste management facilities, many Member States already require stringent, specialised national certification schemes (such as the German Regulation on Specialised Waste Management Companies (Entsorgungsfachbetriebeverordnung – EfbV)) that ensure high environmental and sustainability standards. Many of these national schemes already audit and verify elements that are identical to the requirements of EMAS. Recognising these equivalent, specialised national systems through a Member State option would make a significant contribution to simplification by avoiding unnecessary duplication of audits, reducing costs for circular economy operators, and maintaining a high level of environmental protection without lowering the bar for compliance.

Amendment 244

Martin Günther, Sebastian Everding, Per Clausen

Proposal for a directive

Article 2 – paragraph 1 – point 1

Directive 2010/75/EU

Article 14a – paragraph 4

Text proposed by the CommissionAmendment
4. Member States shall ensure that the relevant information set out in the EMS and listed in paragraph 2 is made available on the internet, free of charge and without restricting access to registered users.deleted
Information may be redacted or, if that is not possible, excluded when made available on the internet, if the disclosure of the information would adversely affect any of the interests listed in Article 4(2), points (a) to (h) of Directive 2003/4/EC**.
The operator shall prepare and implement the EMS in accordance with paragraphs 1, 2 and 3 of this Article by 1 July 2030 except for installations referred to in Article 82.
The EMS shall be reviewed periodically to ensure that it continues to be suitable, adequate and effective.’
(**) Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC (OJ L 41, 14.2.2003, p. 26, ELI: http://data.europa.eu/eli/dir/2003/4/oj).

Or. en

Amendment 245

Elżbieta Katarzyna Łukacijewska, Krzysztof Hetman

Proposal for a directive

Article 2 – paragraph 1 – point 1

Directive 2010/75/EU

Articla 14a – paragraph 4 – subparagraph 1

Text proposed by the CommissionAmendment
Member States shall ensure that the relevant information set out in the EMS and listed in paragraph 2 is made available on the internet, free of charge and without restricting access to registered users.deleted

Or. en

Justification

The obligation relating to environmental management systems should be simplified through the removal of publication requirements that are not strictly necessary. Mandatory publication would impose recurrent administrative tasks on operators and competent authorities, including the assessment and redaction of confidential business information, without delivering commensurate environmental benefit. Public access to environmental information is already guaranteed under the existing Union and national legal frameworks.

Amendment 246

François-Xavier Bellamy, Céline Imart

Proposal for a directive

Article 2 – paragraph 1 – point 1 a (new)

Directive 2010/75/EU

Article 14a – paragraph 4

Text proposed by the CommissionAmendment
(1a) In Directive (EU) 2010/75, Article 14(a)(4) is repealed.

Or. fr

Amendment 247

Susana Solís Pérez

Proposal for a directive

Article 2 – paragraph 1 – point 1

Directive 2010/75/EU

Article 14a – paragraph 4 – subparagraph 1

Text proposed by the CommissionAmendment
Member States shall ensure that the relevant information set out in the EMS and listed in paragraph 2 is made available on the internet, free of charge and without restricting access to registered users.Member States shall ensure that the relevant information set out in the EMS and listed in paragraph 2 is made available to the public in a transparent manner without registration barriers, while fully respecting commercial confidentiality and the exemptions provided bellow. Where the operator is registered under EMAS, publication of the validated environmental statement in accordance with Regulation (EC) No 1221/2009 shall be deemed to satisfy the requirements of this paragraph.

Or. en

Amendment 248

Thomas Bajada, Annalisa Corrado

Proposal for a directive

Article 2 – paragraph 1 – point 1

Directive 2010/75/EU

Article 14a – paragraph 4 – subparagraph 1

Text proposed by the CommissionAmendment
Member States shall ensure that the relevant information set out in the EMS and listed in paragraph 2 is made available on the internet, free of charge and without restricting access to registered users.Member States shall ensure that the relevant information set out in the EMS and listed in paragraph 2 is made available on the internet, free of charge and without restricting access to registered users. The Commission shall by 30 June 2027, adopt an implementing act on which information is relevant for publication. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 75(2).

Or. en

Amendment 249

Katri Kulmuni

Proposal for a directive

Article 2 – paragraph 1 – point 1

Directive 2010/75/EU

Article 14a – paragraph 4 – subparagraph 1 a (new)

Text proposed by the CommissionAmendment
The Commission shall, by 31 December 2028, adopt an implementing act on which information is relevant for publication. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 75(2).

Or. en

Justification

In order to achieve the simplification objectives of this proposal, it seems necessary to establish a EU-wide common format for publication of relevant information.

Amendment 250

Alexander Bernhuber

Proposal for a directive

Article 2 – paragraph 1 – point 1

Directive 2010/75/EU

Article 14a – paragraph 4 – subparagraph 4 a (new)

Text proposed by the CommissionAmendment
Member States shall ensure that an EMS for an installation or set of installations under the control of the same company in accordance with paragraph 1 is prepared and implemented within 4 years of a new permit or update of permit. It is not a prerequisite for a permit.

Or. en

Justification

It must also be made absolutely clear that an EMS is not a prerequisite for a permit per se (whether new or updated), but that the operator shall have to provide it to the authorities within a reasonable time period.

Amendment 251

Jutta Paulus

Proposal for a directive

Article 2 – paragraph 1 – point 1

Directive 2010/75/EU

Article 14a – paragraph 4 – subparagraph 2 a (new)

Text proposed by the CommissionAmendment
By 1 July 2028, the Commission shall provide guidance on which information Member States should consider as relevant for publication.

Or. en

Amendment 252

Elżbieta Katarzyna Łukacijewska, Krzysztof Hetman

Proposal for a directive

Article 2 – paragraph 1 – point 1

Directive 2010/75/EU

Article 14a – paragraph 4 – subparagraph 2

Text proposed by the CommissionAmendment
Information may be redacted or, if that is not possible, excluded when made available on the internet, if the disclosure of the information would adversely affect any of the interests listed in Article 4(2), points (a) to (h) of Directive 2003/4/EC**.deleted

Or. en

Justification

The obligation relating to environmental management systems should be simplified through the removal of publication requirements that are not strictly necessary. Mandatory publication would impose recurrent administrative tasks on operators and competent authorities, including the assessment and redaction of confidential business information, without delivering commensurate environmental benefit. Public access to environmental information is already guaranteed under the existing Union and national legal frameworks.

Amendment 253

Michal Wiezik, Martin Hojsík

Proposal for a directive

Article 2 – paragraph 1 – point 1

Directive 2010/75/EU

Article 14a – paragraph 4 – subparagraph 2

Text proposed by the CommissionAmendment
Information may be redacted or, if that is not possible, excluded when made available on the internet, if the disclosure of the information would adversely affect any of the interests listed in Article 4(2), points (a) to (h) of Directive 2003/4/EC**.Information may be redacted or, if that is not possible, excluded when made available on the internet, if the disclosure of the information would adversely affect any of the interests listed in Article 4(2), points (a) to (h) of Directive 2003/4/EC**. This subparagraph shall be interpreted in a restrictive way, and shall apply in particular where disclosure of the information would adversely affect national defence.

Or. en

Justification

The addition only details the existing provision that the information may be refused (and not made public), including information on emissions to the environment (e.g. pertaining to the chemical inventory provision), where it could affect national defence.

Amendment 254

Anna Zalewska

Proposal for a directive

Article 2 – paragraph 1 – point 1

Directive 2010/75/EU

Article 14a – paragraph 4 – subparagraph 3

Text proposed by the CommissionAmendment
The operator shall prepare and implement the EMS in accordance with paragraphs 1, 2 and 3 of this Article by 1 July 2030 except for installations referred to in Article 82.The operator shall prepare and implement the EMS in accordance with paragraphs 1, 2 and 3 of this Article by 1 July 2032 except for installations referred to in Article 82.

Or. en

Amendment 255

Thomas Bajada, Annalisa Corrado

Proposal for a directive

Article 2 – paragraph 1 – point 1

Directive 2010/75/EU

Article 14a – paragraph 4 – subparagraph 4 a (new)

Text proposed by the CommissionAmendment
Where the EMS implemented by the operator does not already include provisions for regular internal and external auditing providing an equivalent level of assurance, the EMS shall be audited for the first time within 18 months of the date of application of this Article, except for installations referred to in Article 3(4) of Directive (EU) 2024/1785. The EMS shall be audited at least every 3 years, by a conformity assessment body accredited in accordance with Regulation (EC) No 765/2008 or an accredited or licensed environmental verifier as defined in Article 2, point 20 of Regulation (EC) No 1221/2009.

Or. en

Amendment 256

Jutta Paulus

Proposal for a directive

Article 2 – paragraph 1 – point 1

Directive 2010/75/EU

Article 14a – paragraph 4 – subparagraph 4 a (new)

Text proposed by the CommissionAmendment
The EMS shall include procedures for periodic auditing and shall be subject to periodic verification by an independent body or competent authority, carried out in a proportionate and risk-based manner, taking into account the size, nature and environmental impact of the installation.

Or. en

Amendment 257

Elżbieta Katarzyna Łukacijewska, Krzysztof Hetman

Proposal for a directive

Article 2 – paragraph 1 – point 1 a ( new)

Directive 2010/75/EU

Article 14 b (new)

Text proposed by the CommissionAmendment
(1a) the following Article is inserted:
‘Article 14b
No new, additional and standalone chemicals inventory obligations shall be introduced into the environmental management system that would, in practice, oblige operators to prepare, implement, regularly update and maintain documentation on hazardous substances for competent authorities under this Directive . This would duplicate existing obligations applicable to energy companies, including operators of large combustion plants. Inventories or registers of hazardous chemicals shall be maintained under other applicable legal frameworks, in particular occupational health and safety rules, national provisions on chemical agents in the working environment, and obligations stemming from Regulation (EC) No 1907/2006 (REACH). Requiring a risk assessment of the impact of the substances concerned on human health and the environment, as well as an analysis of the possibilities for substituting them with safer alternatives or reducing their use shall be maintained under other relevant regulation.’;

Or. en

Justification

Introducing an additional IED-specific chemicals inventory would create overlapping documentation requirements, contrary to the simplification objective of the Omnibus package. These additional assessment obligations would create further administrative and organisational burden for operators of large combustion plants, without clear added value compared to existing chemical safety, occupational health and environmental compliance obligations. The administrative burden would therefore remain, even if the obligation is formally moved outside the EMS.

Amendment 258

Thomas Bajada, Annalisa Corrado

Proposal for a directive

Article 2 – paragraph 1 – point 1 a (new)

Directive 2010/75/EU

Article 14 b (new)

Text proposed by the CommissionAmendment
(1a) the following Article is inserted:
'Article 14b
Chemicals inventory of the hazardous substances
Member States shall require the operator to prepare, implement and regularly update, for each installation a chemicals inventory of the hazardous substances present in or emitted from the installation as such, as constituents of other substances or as part of mixtures, with special regard given to the substances fulfilling the criteria referred to in Article 57 of Regulation (EC) No 1907/2006. The operator shall carry out a risk assessment of the impact of such substances on human health, where this is not already provided for under occupational safety and health legislation, and on the environment, including on air, water and soil, having regard to their nature, hazardous properties and potential to transfer pollution between those media. The operator shall also analyse the possibilities of substituting those substances with safer alternatives, and reducing their use or emissions.';

Or. en

Justification

A chemicals inventory is necessary to support proper risk assessment, substitution and reduction of hazardous substances, effective permitting and enforcement, and the shift towards a safer and more circular economy. Existing obligations under REACH, CLP and occupational safety legislation only partially overlap and do not provide equivalent installation-specific information on hazardous substances present in or emitted from industrial installations.

Amendment 259

Ondřej Knotek, Jana Nagyová, Antonín Staněk, Anne-Sophie Frigout

Proposal for a directive

Article 2 – paragraph 1 – point 1 a (new)

Directive 2010/75/EU

Article 15

Present textAmendment
(1a) Article 15 is replaced by the following:
Article 15"Article 15
Emission limit values, environmental performance limit values, equivalent parameters and technical measuresEmission limit values, environmental performance limit values, equivalent parameters and technical measures
1. The emission limit values for polluting substances shall apply at the point where the emissions leave the installation, and any dilution prior to that point shall be disregarded when determining those values.1. The emission limit values for polluting substances shall apply at the point where the emissions leave the installation, and any dilution prior to that point shall be disregarded when determining those values.
With regard to indirect releases of polluting substances into water, the effect of a waste water treatment plant outside the installation may be taken into account when determining the emission limit values of the installation concerned, provided that this does not lead to higher levels of pollution in the environment, an equivalent level of protection of the environment as a whole is guaranteed, and the operator ensures, in consultation with the operator of the waste water treatment plant, that the indirect releases do not jeopardise compliance with the provisions of the permit of the waste water treatment plant under this Directive or the specific authorisation under Directive 91/271/EEC and that all of the following requirements are fulfilled:With regard to indirect releases of polluting substances into water, the effect of a waste water treatment plant outside the installation may be taken into account when determining the emission limit values of the installation concerned, provided that this does not lead to higher levels of pollution in the environment, an equivalent level of protection of the environment as a whole is guaranteed, and the operator ensures, in consultation with the operator of the waste water treatment plant, that the indirect releases do not jeopardise compliance with the provisions of the permit of the waste water treatment plant under this Directive or the specific authorisation under Directive 91/271/EEC and that all of the following requirements are fulfilled:
(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;(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;
(b) the released polluting substances do not harm the health of the staff working in collecting systems and waste water treatment plants;(b) the released polluting substances do not harm the health of the staff working in collecting systems and waste water treatment plants;
(c) the waste water treatment plant is designed and equipped to abate the released polluting substances;(c) the waste water treatment plant is designed and equipped to abate the released polluting substances;
(d) the overall load of the concerned polluting substances eventually released into the water is not increased compared to the situation where the emissions from the installation concerned remained compliant with emission limit values set for direct releases in accordance with paragraph 3 of this Article, without prejudice to stricter measures required pursuant to Article 18.(d) the overall load of the concerned polluting substances eventually released into the water is not increased compared to the situation where the emissions from the installation concerned remained compliant with emission limit values set for direct releases in accordance with paragraph 3 of this Article, without prejudice to stricter measures required pursuant to Article 18.
The competent authority shall set out in an annex to the permit conditions the reasons for the application of the second subparagraph, including the result of the assessment by the operator of the fulfilment of the required conditions.The competent authority shall set out in an annex to the permit conditions the reasons for the application of the second subparagraph, including the result of the assessment by the operator of the fulfilment of the required conditions.
The operator shall provide an updated assessment in cases where the permit conditions should be changed to ensure that the requirements set out in the second subparagraph, points (a) to (d) are fulfilled.The operator shall provide an updated assessment in cases where the permit conditions should be changed to ensure that the requirements set out in the second subparagraph, points (a) to (d) are fulfilled.
2. Without prejudice to Article 18, the emission limit values and the equivalent parameters and technical measures referred to in Article 14 (1) and (2) shall be based on BAT without prescribing the use of any technique or specific technology.2. Without prejudice to Article 18, the emission limit values and the equivalent parameters and technical measures referred to in Article 14 (1) and (2) shall be based on BAT without prescribing the use of any technique or specific technology.
3. The competent authority shall set the strictest achievable emission limit values by applying BAT in the installation, considering the entire range of the emission levels associated with the best available techniques (“BAT-AELs”) to ensure that, under normal operating conditions, emissions do not exceed the 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 entire BAT-AEL range, analysing the feasibility of meeting the strictest end of the BAT-AEL range and demonstrating the best overall performance that the installation can achieve by applying BAT as described in BAT conclusions, having regard to possible cross-media effects. The emission limit values shall be set through either of the following:3. The competent authority shall set emission limit values, considering the entire range of the emission levels associated with the best available techniques (“BAT-AELs”) to ensure that, under normal operating conditions, emissions do not exceed the lenient end of the 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 entire BAT-AEL range, analysing the feasibility of meeting the strictest end of the BAT-AEL range and demonstrating the best overall performance that the installation can reasonably achieve by applying BAT as described in BAT conclusions, having regard to possible cross-media effects. A cost difference of more than 10 % for achieving the strictest end of the BAT-AEL range vis-à-vis the lenient end of the BAT-AEL range shall be presumed unreasonable. The emission limit values shall be set through either of the following:
(a) setting emission limit values expressed for the same or shorter periods of time and under the same reference conditions as the BAT-AELs; or(a) setting emission limit values expressed for the same or shorter periods of time and under the same reference conditions as the BAT-AELs; or
(b) setting emission limit values different from those referred to in point (a) in terms of values, periods of time and reference conditions.(b) setting emission limit values different from those referred to in point (a) in terms of values, periods of time and reference conditions.
Where the emission limit values are set in accordance with point (b), the competent authority shall, at least annually, assess the results of emission monitoring in order to ensure that emissions under normal operating conditions have not exceeded the BAT-AELs.Where the emission limit values are set in accordance with point (b), the competent authority shall, at least annually, assess the results of emission monitoring in order to ensure that emissions under normal operating conditions have not exceeded the lenient end of the BAT-AELs.
General binding rules referred to in Article 6 may be applied while setting relevant emission limit values in accordance with this Article.General binding rules referred to in Article 6 may be applied while setting relevant emission limit values in accordance with this Article.
If general binding rules are adopted, the strictest achievable emission limit values by applying BAT shall be set for categories of installations having similar characteristics that are relevant in determining the lowest emission levels achievable, considering the entire range of the BAT- AELs. The general binding rules shall be established by the Member State, based on the information in the BAT conclusions, analysing the feasibility of meeting the strictest end of the BAT-AEL range and demonstrating the best performance that those categories of installations can achieve by applying BAT as described in BAT conclusions.If general binding rules are adopted, the strictest achievable emission limit values by applying BAT shall be set for categories of installations having similar characteristics that are relevant in determining the lowest emission levels achievable, considering the entire range of the BAT- AELs. The general binding rules shall be established by the Member State, based on the information in the BAT conclusions, analysing the feasibility of meeting the strictest end of the BAT-AEL range and demonstrating the best performance that those categories of installations can achieve by applying BAT as described in BAT conclusions.
4. Without prejudice to Article 9(2), the competent authority shall set, for normal operating conditions, binding ranges for environmental performance that are not to be exceeded during one or more periods, as laid down in the decisions on BAT conclusions referred to in Article 13(5).5. By way of derogation from paragraph 3, and without prejudice to Article 18, the competent authority may set emission limit values higher than the BAT-AELs. Such a derogation may apply where an assessment shows that the achievement of BAT-AELs as described in BAT conclusions would lead to disproportionately higher costs compared to the environmental benefits due to:
In addition, the competent authority shall:(a) the geographical location or the local environmental conditions of the installation concerned; or
(a) set, for normal operating conditions, environmental performance limit values concerning water, having regard to possible cross- media effects, that are not to be exceeded during one or more periods, and which are not less strict than the binding ranges referred to in the first subparagraph;(b) the technical characteristics of the installation concerned.
(b) set, for normal operating conditions, indicative environmental performance levels concerning waste and resources other than water, which are not less strict than the binding ranges referred to in the first subparagraph.For the purposes of this paragraph, disproportionately higher costs shall be presumed where the incremental costs of achieving the emission levels associated with the applicable BAT conclusions exceed 10 % of the total capital investment cost of the transformation project concerned, as documented in the permit application. The operator shall not be required to demonstrate disproportionality by further assessment where the threshold is met. The competent authorrity may rebut the presumption only where it establishes, on the basis of objective evidence, that the environmental benefits of compliance with the BAT-associated emissions levels would substantially outweigh the incremental compliance costs in the specific circumstances of the installation concerned.
5. By way of derogation from paragraph 3, and without prejudice to Article 18, the competent authority may, in specific cases, set emission limit values higher than the BAT-AELs. Such a derogation may apply only where an assessment shows that the achievement of BAT-AELs as described in BAT conclusions would lead to disproportionately higher costs compared to the environmental benefits due to:The competent authority shall document in an annex to the permit conditions the reasons for derogating from paragraph 3, and the result of the assessment referred to in the first subparagraph of this paragraph and the justification for the conditions imposed.
(a) the geographical location or the local environmental conditions of the installation concerned; orDerogations granted in accordance with this paragraph shall respect the principles set out in Annex II. The competent authority shall ensure that the operator provides an assessment of the impact of the derogation on the concentration of the pollutants concerned in the receiving environment 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.
(b) the technical characteristics of the installation concerned.The competent authority shall re-assess whether derogations granted in accordance with this paragraph are justified, every four years or as part of each reconsideration of the permit conditions pursuant to Article 21, where such reconsideration occurs earlier than four years after the derogation was granted.
The competent authority shall document in an annex to the permit conditions the reasons for derogating from paragraph 3, and the result of the assessment referred to in the first subparagraph of this paragraph and the justification for the conditions imposed.The Commission shall adopt an implementing act to establish a 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. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 75(2).
The emission limit values set in accordance with the first subparagraph shall, however, not exceed the emission limit values set out in the Annexes to this Directive, where applicable.7. By way of derogation from paragraphs 3 and 4, the competent authority may set less strict emission limit values in the event of a crisis due to extraordinary circumstances beyond the control of the operator and Member States, leading to a severe disruption or shortage of:
Derogations granted in accordance with this paragraph shall respect the principles set out in Annex II. The competent authority shall ensure that the operator provides an assessment of the impact of the derogation on the concentration of the pollutants concerned in the receiving environment 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 could put at risk compliance with environmental quality standards referred to in Article 18.(a) energy supplies, provided that there is an overriding public interest in security of energy supply;
The competent authority shall re-assess whether derogations granted in accordance with this paragraph are justified, every four years or as part of each reconsideration of the permit conditions pursuant to Article 21, where such reconsideration occurs earlier than four years after the derogation was granted.(b) resources, materials or equipment essential for the operator to perform activities of public interest, in compliance with the applicable emission limit values; or
The Commission shall adopt an implementing act to establish a 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. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 75(2).(c) essential resources, materials or equipment where the production output compensates for such shortage or disruption, for reasons of public health or public safety or for other imperative reasons of overriding public interest.
6. By way of derogation from paragraph 4, the competent authority may, in specific cases, set less strict binding ranges for environmental performance or environmental performance limit values. Such a derogation may apply only where an assessment shows that the achievement of performance levels associated with the best available techniques as described in BAT conclusions will lead to a significant negative environmental impact, including cross media effects, or a significant economic impact due to:The derogation shall not be granted for more than six months. If the reasons justifying the granting of a derogation persist, the derogation may be prolonged for a maximum period of six months.
(a) the geographical location or the local environmental conditions of the installation concerned; orAs soon as the supply conditions are restored or where there is an alternative to the energy supplies, resources, materials or equipment, the Member State shall ensure that the decision to set less strict emission limit values ceases to have effect, and the installation shall comply with permit conditions set in accordance with paragraphs 3 and 4.
(b) the technical characteristics of the installation concerned.The Member States shall take measures to ensure that emissions resulting from the derogation referred to in the first subparagraph are monitored.
The competent authority shall document in an annex to the permit conditions the reasons for derogating from paragraph 4 and the result of the assessment referred to in the first subparagraph of this paragraph and the justification for the conditions imposed.The competent authority shall make information on the derogation and the conditions imposed publicly available in accordance with Article 24 (2).
The competent authority shall ensure that operating under less strict binding ranges for environmental performance or environmental performance limit values does not cause any significant environmental impact, including depletion of water resources, and achieves a high level of protection of the environment as a whole.The Commission may, where necessary, assess and further clarify, through guidance, the criteria to be taken into account for the application of this paragraph.
The Commission shall establish, by means of implementing acts, a standardised methodology for undertaking the assessment referred to in the first subparagraph. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 75(2).Member States shall notify the Commission of any derogation granted under this paragraph, including the reasons justifying the granting of the derogation and the conditions imposed."
7. By way of derogation from paragraphs 3 and 4, and provided that no significant pollution is caused and all measures resulting in less pollution have been exhausted, the competent authority may set less strict emission limit values or environmental performance limit values in the event of a crisis due to extraordinary circumstances beyond the control of the operator and Member States, leading to a severe disruption or shortage of:
(a) energy supplies, provided that there is an overriding public interest in security of energy supply;
(b) resources, materials or equipment essential for the operator to perform activities of public interest, in compliance with the applicable emission limit values or environmental performance limit values; or
(c) essential resources, materials or equipment where the production output compensates for such shortage or disruption, for reasons of public health or public safety or for other imperative reasons of overriding public interest.
The derogation shall not be granted for more than three months. If the reasons justifying the granting of a derogation persist, the derogation may be prolonged for a maximum period of three months.
As soon as the supply conditions are restored or where there is an alternative to the energy supplies, resources, materials or equipment, the Member State shall ensure that the decision to set less strict emission limit values and environmental performance limit values ceases to have effect, and the installation shall comply with permit conditions set in accordance with paragraphs 3 and 4.
The Member States shall take measures to ensure that emissions resulting from the derogation referred to in the first subparagraph are monitored.
The competent authority shall make information on the derogation and the conditions imposed publicly available in accordance with Article 24 (2).
The Commission may, where necessary, assess and further clarify, through guidance, the criteria to be taken into account for the application of this paragraph.
Member States shall notify the Commission of any derogation granted under this paragraph, including the reasons justifying the granting of the derogation and the conditions imposed.

Or. en

(Directive (EU) 2024/1785, amending Directive 2010/75/EU)

Amendment 260

Michal Wiezik, Martin Hojsík

Proposal for a directive

Article 2 – paragraph 1 – point 1 a (new)

Directive 2010/75/EU

Article 15 – paragraph 1– subparagraph 2

Present textAmendment
(1a) In Article 15(1), the second subparagraph is replaced by the following:
With regard to indirect releases of polluting substances into water, the effect of a waste water treatment plant outside the installation may be taken into account when determining the emission limit values of the installation concerned, provided that this does not lead to higher levels of pollution in the environment, an equivalent level of protection of the environment as a whole is guaranteed, and the operator ensures, in consultation with the operator of the waste water treatment plant, that the indirect releases do not jeopardise compliance with the provisions of the permit of the waste water treatment plant under this Directive or the specific authorisation under Directive 91/271/EEC and that all of the following requirements are fulfilled:"With regard to indirect releases of polluting substances into water, the effect of a waste water treatment plant outside the installation may be taken into account when determining the emission limit values of the installation concerned, in particular in cases of a direct engagement in this process of a permitting authority together with the operator of the waste water treatment plant, provided that this does not lead to higher levels of pollution in the environment, an equivalent level of protection of the environment as a whole is guaranteed, and the operator ensures, in consultation with the operator of the waste water treatment plant, that the indirect releases do not jeopardise compliance with the provisions of the permit of the waste water treatment plant under this Directive or the specific authorisation under Directive 91/271/EEC and that all of the following requirements are fulfilled:"

Or. en

(Directive 2010/75/EC)

Justification

an amendment is to only counter the ENVI report which opens the text unchanged by the EC proposal. the Art 15.1 was changed in 2024 because it was not clear and in practice resulted in a disproprotionate burden on waste water treatment facilities while the primary source of pollution, the IED installation, could freeride on the services offered by the waste water treatment plant downstream, and even impede their operation by its activity and lack of implementation of control of pollution at source.

Amendment 261

Thomas Bajada, Annalisa Corrado

Proposal for a directive

Article 2 – paragraph 1 – point 1a (new)

Directive 2010/75/EU

Article 15 – paragraph 1

Present textAmendment
Article 15(1a). in Article 15, paragraph 1 is replaced by the following:
Emission limit values, environmental performance limit values, equivalent parameters and technical measuresEmission limit values, environmental performance limit values, equivalent parameters and technical measures
1. The emission limit values for polluting substances shall apply at the point where the emissions leave the installation, and any dilution prior to that point shall be disregarded when determining those values. With regard to indirect releases of polluting substances into water, the effect of a waste water treatment plant outside the installation may be taken into account when determining the emission limit values of the installation concerned, provided that this does not lead to higher levels of pollution in the environment, an equivalent level of protection of the environment as a whole is guaranteed, and the operator ensures, in consultation with the operator of the waste water treatment plant, that the indirect releases do not jeopardise compliance with the provisions of the permit of the waste water treatment plant under this Directive or the specific authorisation under Directive 91/271/EEC and that all of the following requirements are fulfilled:1. The emission limit values for polluting substances shall apply at the point where the emissions leave the installation, and any dilution prior to that point shall be disregarded when determining those values. With regard to indirect releases of polluting substances into water, the effect of a waste water treatment plant outside the installation may be taken into account when determining the emission limit values of the installation concerned, provided that this does not lead to higher levels of pollution in the environment, an equivalent level of protection of the environment as a whole is guaranteed, and the operator ensures, in consultation with the operator of the waste water treatment plant, that the indirect releases do not jeopardise compliance with the provisions of the permit of the waste water treatment plant under this Directive or the specific authorisation under Directive 91/271/EEC and that all of the following requirements are fulfilled:
(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;(-a) the achievement or maintenance of good status, or good ecological potential, of the receiving body of water within the meaning of Directive 2000/60/EC is not put at risk, including where that body of water is already failing to achieve good status or is subject to cumulative pressure from multiple dischargers;
(b) the released polluting substances do not harm the health of the staff working in collecting systems and waste water treatment plants;(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;
(c) the waste water treatment plant is designed and equipped to abate the released polluting substances;(b) the released polluting substances do not harm the health of the staff working in collecting systems and waste water treatment plants;
(d) the overall load of the concerned polluting substances eventually released into the water is not increased compared to the situation where the emissions from the installation concerned remained compliant with emission limit values set for direct releases in accordance with paragraph 3 of this Article, without prejudice to stricter measures required pursuant to Article 18.(c) the waste water treatment plant is designed and equipped to abate the released polluting substances;
The competent authority shall set out in an annex to the permit conditions the reasons for the application of the second subparagraph, including the result of the assessment by the operator of the fulfilment of the required conditions.(d) the overall load of the concerned polluting substances eventually released into the water is not increased compared to the situation where the emissions from the installation concerned remained compliant with emission limit values set for direct releases in accordance with paragraph 3 of this Article, without prejudice to stricter measures required pursuant to Article 18.
The operator shall provide an updated assessment in cases where the permit conditions should be changed to ensure that the requirements set out in the second subparagraph, points (a) to (d) are fulfilled.(e) the competent authority has consulted directly with the operator of the waste water treatment plant, and not solely relied on coordination carried out by the applicant, to determine emission limit values that ensure the protection of public health, the operation of the treatment plant, and the receiving water body;
(f) the competent authority has verified, on the basis of documented information provided by the operator of the waste water treatment plant, that the treatment plant has sufficient available treatment capacity and performance to accommodate the indirect release without compromising its own permit conditions or the objectives of Directive 2000/60/EC;
This paragraph shall not apply to heavy metals, persistent, bioaccumulative or toxic substances, or any other substance whose presence would compromise the safe application of sewage sludge from the waste water treatment plant to agricultural land in accordance with Directive 86/278/EEC, where control at source shall continue to apply in full to such substances irrespective of downstream treatment capacity, any additional monitoring necessitated by the application of this paragraph shall be carried out by, and at the expense of, the operator of the installation, and shall not increase the compliance or reporting burden on the operator of the waste water treatment plant.
The competent authority shall set out in an annex to the permit conditions the reasons for the application of the second subparagraph, including the result of the assessment by the operator of the fulfilment of the required conditions.
The operator shall provide an updated assessment in cases where the permit conditions should be changed to ensure that the requirements set out in the second subparagraph, points (a) to (g) are fulfilled."

Or. en

(32024L1785)

Amendment 262

Andreas Glück

Proposal for a directive

Article 2 – paragraph 1 – point 1 a (new)

Directive 2010/75/EU

Article 15 – paragraph 3

Present textAmendment
(1a) in Article 15, paragraph 3 is replaced by the following:
3. The competent authority shall set the strictest achievable emission limit values by applying BAT in the installation, considering the entire range of the emission levels associated with the best available techniques (“BAT-AELs”) to ensure that, under normal operating conditions, emissions do not exceed the 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 entire BAT-AEL range, analysing the feasibility of meeting the strictest end of the BAT-AEL range and demonstrating the best overall performance that the installation can achieve by applying BAT as described in BAT conclusions, having regard to possible cross-media effects. The emission limit values shall be set through either of the following:"3. The competent authority shall set technically and economically achievable emission limit values by applying BAT in the installation, considering the entire range of the emission levels associated with the best available techniques (“BAT-AELs”) to ensure that, under normal operating conditions, emissions do not exceed the 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 entire BAT-AEL range, demonstrating the best overall performance that the installation can achieve by applying BAT as described in BAT conclusions, having regard to possible cross-media effects. The emission limit values shall be set through either of the following:
(a) setting emission limit values expressed for the same or shorter periods of time and under the same reference conditions as the BAT-AELs; or(a) setting emission limit values expressed for the same or shorter periods of time and under the same reference conditions as the BAT-AELs; or
(b) setting emission limit values different from those referred to in point (a) in terms of values, periods of time and reference conditions.(b) setting emission limit values different from those referred to in point (a) in terms of values, periods of time and reference conditions.
Where the emission limit values are set in accordance with point (b), the competent authority shall, at least annually, assess the results of emission monitoring in order to ensure that emissions under normal operating conditions have not exceeded the BAT-AELs.Where the emission limit values are set in accordance with point (b), the competent authority shall, at least annually, assess the results of emission monitoring in order to ensure that emissions under normal operating conditions have not exceeded the BAT-AELs.
General binding rules referred to in Article 6 may be applied while setting relevant emission limit values in accordance with this Article.General binding rules referred to in Article 6 may be applied while setting relevant emission limit values in accordance with this Article.
If general binding rules are adopted, the strictest achievable emission limit values by applying BAT shall be set for categories of installations having similar characteristics that are relevant in determining the lowest emission levels achievable, considering the entire range of the BAT-AELs. The general binding rules shall be established by the Member State, based on the information in the BAT conclusions, analysing the feasibility of meeting the strictest end of the BAT-AEL range and demonstrating the best performance that those categories of installations can achieve by applying BAT as described in BAT conclusions.The general binding rules shall be established by the Member State, based on the information in the BAT conclusions, analysing the feasibility of meeting the emission levels technically and economically achievable within the BAT-AEL range, taking into account possible cross-media effects. General binding rules shall demonstrate the best overall environmental performance that those categories of installations can reasonably achieve by applying BAT as described in BAT conclusions."

Or. en

(Directive 2010/75/EU)

Justification

Requiring operators to justify why they cannot meet the strictest end of every individual emission range creates a heavy administrative burden. This amendment allows an integrated emission management approach that lets facilities optimize pollution reduction holistically across connected sources, provided it delivers the best overall environmental protection.

Amendment 263

Sergio Berlato, Michele Picaro, Pietro Fiocchi, Stefano Cavedagna, Nicola Procaccini, Antonella Sberna, Paolo Inselvini

Proposal for a directive

Article 2 – paragraph 1 – point 1 a (new)

Directive 2010/75/EU

Article 15 – paragraph 3

Present textAmendment
(1a) in Article 15, paragraph 3 is replaced by the following:
3. The competent authority shall set emission limit values that ensure that, under normal operating conditions, emissions do not exceed the emission levels associated with the best available techniques as laid down in the decisions on BAT conclusions referred to in Article 13(5) through either of the following:"3. The competent authority shall set emission limit values by applying BAT in the installation, considering the entire range of emission levels associated with the best available techniques (BAT-AELs) to ensure that, under normal operating conditions, emissions do not exceed the BAT-AELs as laid down in the decisions on BAT conclusions referred to in Article 13(5). The emission limit values shall be set through either of the following:
(a) setting emission limit values that do not exceed the emission levels associated with the best available techniques. Those emission limit values shall be expressed for the same or shorter periods of time and under the same reference condi tions as those emission levels associated with the best avail able techniques; or(a) setting emission limit values expressed for the same or shorter periods of time and under the same reference conditions as the BAT-AELs; or
(b) setting different emission limit values than those referred to under point (a) in terms of values, periods of time and refer ence conditions.(b) setting emission limit values different from those referred to in point (a) in terms of values, periods of time and reference conditions, e.g., in freight-related terms.
Where point (b) is applied, the competent authority shall, at least annually, assess the results of emission monitoring in order to ensure that emissions under normal operating conditions have not exceeded the emission levels associated with the best avail able techniques.Where the emission limit values are set in accordance with point (b), the competent authority shall, at least annually, assess the results of emission monitoring in order to ensure that emissions under normal operating conditions have not exceeded the BAT-AELs.
General binding rules referred to in Article 6 may be applied while setting relevant emission limit values in accordance with this Article."

Or. en

(https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32010L0075)