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OPINION (COM(2022)0156 – C90144/2022 – 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

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Committee on Industry, Research and Energy · Rapporteur: Tomas Tobé

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The Committee on Industry, Research and Energy gives its opinion on the Commission proposal to amend the Industrial Emissions Directive and the Landfill Directive. It supports the proposal's ambition and the new innovation centre, but opposes deleting energy efficiency requirements and introducing environmental performance limit values. It proposes amendments to make environmental performance values indicative rather than mandatory, to keep the Sevilla process for agreeing Best Available Techniques, and to require an assessment by the Sevilla technical working group before the innovation centre's findings feed into BAT reference documents. It also proposes longer test periods for emerging and innovative techniques, a derogation for unforeseen interruptions in raw material or fuel supply, and transformation plans at company level.

Committee position. The committee supports the proposal's ambition and the innovation centre, but opposes deleting energy efficiency requirements and introducing environmental performance limit values. It proposes amendments to make environmental performance values indicative, keep the Sevilla process, extend test periods for emerging techniques, allow a supply-interruption derogation, and require company-level transformation plans.

Key points

  1. The rapporteur supports the Commission proposal's ambition and the new centre for innovative techniques, and says the Industrial Emissions Directive brings environmental, climate and health benefits.
  2. The rapporteur says the proposal puts unjustified burden on operators and opposes deleting energy efficiency requirements and introducing environmental performance limit values.
  3. The rapporteur wants the Sevilla process maintained and says the innovation centre's findings should not go directly into BAT reference documents without technical assessment in that process.
  4. The rapporteur says emerging and innovative techniques should get a longer test period, extendable by the competent authority.
  5. Amendment 1 deletes the recital on submitting installations to energy efficiency requirements for combustion units or other units emitting carbon dioxide.
  6. Amendment 3 makes environmental performance values on consumption and resource efficiency indicative rather than mandatory, and adds reuse and cross-media, national and geographical considerations.
  7. Amendment 4 adds a recital on water risks, a water-smart society, water security and closed water and resource loops.
  8. Amendment 5 says the innovation centre's findings should be used as a basis for the exchange of information on BAT reference documents, and covers techniques at technology readiness level 6-7.
  9. Amendment 6 requires energy-intensive installations to produce transformation plans at company level by 30 June 2030, and other Annex I installations after BAT conclusions published after 1 January 2030.
  10. Amendment 9 requires the competent authority to set emission limit values consistent with the lowest emissions achievable by applying BAT, based on an operator assessment of the whole BAT-AEL range.
  11. Amendment 12 lets the competent authority set less strict emission limit values for up to three months, extendable by three months, when an installation faces an unforeseen interruption in raw material or fuel supply.
  12. Amendments 16 and 17 extend the test period for emerging and innovative techniques to 48 months and let the competent authority set indicative emission limit values at the operator's request.

Who is affected

  • Industrial operators covered by the directive, who would face indicative rather than mandatory environmental performance values and new transformation plan duties.
  • Energy-intensive installations listed in Annex I, which must produce transformation plans at company level by 30 June 2030.
  • Competent authorities, which would set emission limit values based on operator assessments and may grant derogations.
  • The Commission, which must take account of the innovation centre's findings and be informed of derogations granted.

Figures and deadlines

  • 30 June 2030: deadline for energy-intensive installations to produce transformation plans at company level.
  • 1 January 2030: date after which BAT conclusions trigger transformation plan requirements for other Annex I installations.
  • 2030-2050: period covered by the transformation plans.
  • 48 months: maximum total test period for emerging and innovative techniques.
  • Three months: maximum period for less strict emission limit values due to unforeseen supply interruption, extendable by an additional three months.
  • TRL 6-7: technology readiness level at which innovative techniques are to be collected and analysed by the centre.