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Adopted text

Industrial Emissions Directive

TA-9-2023-0259 · P9_TA(2023)0259 · PE737.352

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Parliament's amended version of the Commission proposal to revise the Industrial Emissions Directive (Directive 2010/75/EU) and the Landfill Directive (1999/31/EC). It widens the scope to more installations, including large pig, poultry and cattle farms, large battery manufacturing and certain mining activities. It tightens permit rules: emission limit values must be set at the strictest achievable level, environmental performance limit values become indicative, and permits must be reconsidered at least every 8 years. It requires operators to run an audited environmental management system, publish it online, and for large energy-intensive installations to include transformation plans for 2030-2050. It strengthens public access to permits and monitoring data, transboundary consultation, and the right of people harmed by violations to claim compensation. It sets penalties of at least 4% of annual turnover for legal persons and requires Member States to use penalty revenue to compensate affected local communities.

Key points

  1. The Directive's title becomes 'on industrial and agricultural emissions', and it adds rules to improve resource efficiency and reduce use of water, energy and raw materials.
  2. New definitions cover olfactory pollution, environmental performance limit values, industrial and urban waste water treatment plants, water reuse, and extensive farming.
  3. Chapter VIa brings pig and poultry farms above 40 000 poultry places, 2 000 production pig places or 750 sow places, and farms of 750 livestock units or more, into scope.
  4. Large battery manufacturing installations are included, except those exclusively assembling battery modules and packs.
  5. Permits must be published online free of charge, with a uniform summary, and the Commission must adopt the summary format by 31 December 2024.
  6. Competent authorities must set the strictest achievable emission limit values and indicative environmental performance limit values, with derogations capped at five years and reassessed every five years.
  7. Operators must run an environmental management system audited at least every 3 years by an environmental verifier and publish it online.
  8. Operators of energy-intensive installations must include indicative transformation plans for 2030-2050 in their environmental management systems, with a delegated act on the format due by 30 June 2026.
  9. Member States must suspend operations that pose immediate danger to human health or drinking water, and inform affected drinking water and wastewater operators.
  10. Individuals harmed by violations can claim compensation, with courts able to order disclosure of evidence and to recognise clear and consistent scientific data on causality.
  11. Fines must be at least 4% of the operator's annual turnover in the financial year preceding the fine, and penalty revenue must compensate affected local communities.
  12. The Commission must adopt a delegated act listing the 200 most polluting installations by 30 June 2026 and review the Directive by 30 June 2028 and every 5 years.

Who is affected

  • Large pig, poultry and cattle farms, which must obtain permits or registrations and meet operating rules.
  • Battery manufacturers, whose large installations are brought into the Directive's scope.
  • Operators of industrial installations, who must meet stricter permit conditions and run audited environmental management systems.
  • Drinking water and wastewater operators, who must be consulted and informed of pollution incidents.
  • People harmed by violations, who gain a right to claim compensation.

Figures and deadlines

  • Permits must be reconsidered at least every 8 years.
  • The Commission must adopt the permit summary format by 31 December 2024.
  • Derogations from emission limit values are capped at a maximum of five years.
  • Environmental management systems must be audited at least every 3 years.
  • Transformation plans must be included by 30 June 2030, with the format delegated act due by 30 June 2026.
  • Fines must be at least 4% of the operator's annual turnover.
  • The Commission must list the 200 most polluting installations by 30 June 2026.
  • Member States must bring permit conditions into line with operating rules within 42 months of the delegated act's entry into force.