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DRAFT 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

ITRE-PA-736732

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

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The Committee on Industry, Research and Energy's draft opinion responds to the Commission proposal amending the Industrial Emissions Directive and the Landfill Directive. It supports the proposal's ambition and the new innovation centre, but asks the Environment Committee to adopt amendments softening obligations on operators. The amendments keep energy efficiency requirements, make environmental performance limit values indicative, and set emission limit values achievable by BAT rather than the strictest end of the range. They require emerging and innovative techniques to be assessed in the Sevilla process before entering BAT reference documents, and extend testing derogations to 48 months with possible 12-month extensions. Transformation plans would be drawn up at company level, with the audit requirement deleted and trade secrets protected.

Committee position. The rapporteur supports the Commission proposal's ambition and the innovation centre, but proposes amendments to keep energy efficiency requirements, make environmental performance limit values indicative, set emission limit values achievable by BAT, require Sevilla assessment of the centre's findings, extend testing periods, and move transformation plans to company level.

Key points

  1. The rapporteur supports the Commission proposal's ambition and the new centre for innovative techniques, and wants the Sevilla process for agreeing Best Available Techniques maintained.
  2. The rapporteur opposes deleting energy efficiency requirements and introducing environmental performance limit values, saying strict consumption rules would obstruct electrification.
  3. The rapporteur wants the innovation centre's findings to go through technical assessment in the Sevilla process before being included in BAT reference documents.
  4. Emerging and innovative techniques should get a longer test period, with possible extension by the competent authority for legal certainty.
  5. Amendment 2 makes environmental performance limit values on consumption and resource efficiency indicative, taking cross-media effects, national conditions and placement of installations into account.
  6. Amendment 5 keeps Article 9(2) on energy efficiency, to avoid double regulation with the Emissions Trading System.
  7. Amendment 7 sets emission limit values achievable by applying BAT, based on the operator's assessment, not the strictest end of the BAT-AEL range.
  8. Amendment 8 makes environmental performance limit values indicative.
  9. Amendment 10 lets Member States encourage emerging and innovative techniques, with the operator choosing whether to apply them, after assessment in the Sevilla process.
  10. Amendment 11 requires the Commission to take the centre's findings into account and to assess them in the relevant Sevilla technical working group before updating BAT reference documents.
  11. Amendment 13 allows temporary derogations for testing emerging and innovative techniques for up to 48 months, with an initial extension of up to 12 months.
  12. Amendments 15 to 19 require transformation plans at company level, delete the audit organisation's conformity assessment, and protect trade secrets when publishing the plan.

Who is affected

  • Operators of installations covered by the Industrial Emissions Directive, who would face fewer and more flexible obligations.
  • Member States, which would no longer have to ensure audit assessments of transformation plans.
  • Energy-intensive activities listed in Annex I, which must produce transformation plans at company level by 30 June 2030.
  • Companies, whose trade secrets would be taken into account when publishing transformation plans.

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 plans for other Annex I activities.
  • 48 months: maximum total period for temporary derogations to test emerging and innovative techniques.
  • 12 months: maximum initial extension of the testing derogation.
  • 2030-2050: period covered by transformation plans.