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DRAFT REPORT (COM(2022)0156 – C90144/20222 – 2022/0104(COD))

On the proposal for a directive of the European Parliament and of the Council amending Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) and Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste

ENVI-PR-737352

Committee on the Environment, Public Health and Food Safety · Rapporteur: Radan Kanev

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This is the rapporteur's draft report on the Commission proposal to amend Directive 2010/75/EU on industrial emissions and Directive 1999/31/EC on landfills. It proposes amendments to the scope, permits, farming rules, transformation plans and fast-track permitting. It raises the livestock threshold to 300 livestock units and excludes small-scale extensive, family and organic farming, while adding new definitions for these. It also brings large battery manufacturing and some mineral extraction into scope. It requires permits to set the strictest possible emission limit values within the BAT range, makes environmental management systems mandatory, and requires transformation plans by 30 June 2030 for energy-intensive activities. It creates a fast-track permit procedure of no more than 18 months for EU-50 technologies, sets up contact points, and requires Member States to ensure electronic permit procedures within 12 months of entry into force. It gives individuals a right to compensation for health damage from violations, allows NGOs to bring collective actions with consent, and sets a limitation period of at least 5 years. It sets maximum fines of at least 4% of annual turnover, requires Member States to use penalty funding to compensate affected communities, and calls for an action plan on administrative capacity.

Committee position. The rapporteur proposes to keep the ambition of the Commission proposal while addressing concerns: raising the livestock threshold to 300 LSU and excluding small-scale, family and organic farming; limiting battery and extraction scope; keeping EMS and transformation plans but making them indicative and flexible; and introducing fast-track permitting for EU-50 technologies.

Key points

  1. Raises the livestock threshold in Annex Ia to 300 livestock units and excludes small-scale extensive, family and organic farming from the scope.
  2. Adds definitions for small-scale extensive farming, small-scale family farming, organic farming and industrial-scale livestock rearing.
  3. Includes manufacture of lithium-ion batteries with a production capacity of 3.5 GWh or more per year, excluding assembly of cells and packs.
  4. Extends scope to extraction processes for non-energy minerals with high or significant environmental impact, based on an exhaustive list to be established by delegated act.
  5. Requires competent authorities to set the strictest possible emission limit values consistent with the lowest emissions achievable by BAT, assessing non-feasibility claims.
  6. Requires operators to have an environmental management system, with minimum content where BAT conclusions do not include one, and to make non-confidential parts public.
  7. Requires operators of energy-intensive installations to include an indicative transformation plan in their EMS by 30 June 2030, with a format to be set by 30 June 2028.
  8. Creates a fast-track permit procedure for EU-50 technologies, with a maximum duration of 18 months, extendable by up to 12 months in extraordinary circumstances.
  9. Requires Member States to set up EU-50 contact points and to ensure all EU-50 permit procedures are electronic within 12 months of entry into force.
  10. Gives individuals the right to claim compensation for health damage from violations, including from competent authorities where they failed in their duties.
  11. Allows NGOs to represent affected individuals and bring collective actions with explicit consent, and sets a limitation period of at least 5 years.
  12. Sets maximum fines of at least 4% of annual turnover, requires penalty funding to compensate affected communities, and calls for an action plan on administrative capacity.

Who is affected

  • Livestock farmers: threshold raised to 300 LSU, with exclusions for small-scale extensive, family and organic farming.
  • Battery manufacturers: installations producing 3.5 GWh or more per year are brought into scope, excluding assembly.
  • Mining and extraction operators: non-energy mineral extraction with high environmental impact may be included via delegated act.
  • Operators of energy-intensive installations: must produce transformation plans by 30 June 2030.
  • Individuals affected by pollution: gain a right to compensation for health damage from violations.

Figures and deadlines

  • 300 livestock units: threshold for rearing of cattle, pigs or poultry under Annex Ia.
  • 3.5 GWh or more per year: production capacity threshold for lithium-ion battery manufacturing.
  • 18 months: maximum duration for fast-track permit procedures for EU-50 technologies.
  • 12 months: extension possible for fast-track permits in extraordinary circumstances.
  • 30 June 2030: deadline for operators of energy-intensive installations to include transformation plans.
  • 30 June 2028: deadline for the Commission to adopt the format for transformation plans.
  • 4%: minimum maximum fine as a share of annual turnover for violations.
  • 5 years: minimum limitation period for bringing compensation actions.

Legal basis: Article 294(2) and Article 192(1) of the Treaty on the Functioning of the European Union.