15 Jul Industrial Emissions Directive: key provisions and implications
On the occasion of the publication of the revised Industrial Emissions Directive (IED) in the EU Official Journal today, we present below some key aspects of the Directive and the main changes to it.
The Industrial Emissions Directive (IED) is the primary EU regulation for managing industrial emissions across member states. Initially enacted in 2010, the directive has undergone a significant update to align with the European Green Deal’s ambitious environmental objectives and strengthen measures against pollution from large industrial operations.
Legislative process
The updated IED (officially, the 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), is the result of extensive negotiations inside and between the EU institutions.
The European Commission published the legislative proposal in April 2022 and the European Parliament and Council reached a provisional agreement in November 2023.
It was formally adopted by the European Parliament in March 2024 and by the Council in April 2024, and it was published in the Official Journal of the European Union on 15 July 2024. The Directive enters into force 20 days after the publication and Member states must transpose the new directive into their national legislation within 22 months of its publication.
Overview of the IED
The Industrial Emissions Directive regulates pollutant emissions from approximately 50,000 industrial installations in the EU. These installations must operate under permits issued by national authorities, which specify conditions based on the directive’s principles. The conditions include specific emissions limits and monitoring requirements, tailored to the type of industry, fuel used, and plant size.
The IED encompasses the entire environmental performance of installations, including air and water emissions, and mandates energy efficiency measures. It also sets emission limit values (ELVs) and requires continuous research to identify Best Available Techniques (BAT), ensuring ongoing improvements.
BAT and BREFs
The IED’s implementation heavily relies on establishing BATs for each industry, given the diversity of industrial activities. This approach involves creating BAT reference documents (BREFs) that define emission limits and monitoring protocols for different sectors. As of June 2024, 34 BREFs have been published, including key documents for waste incineration (WI BREF) and large combustion plants (LCP BREF).
Significant changes in the revised IED
- Stricter Emission Limits: National authorities must set the lowest possible ELVs achievable by facilities, aiming for the best environmental performance. This change addresses the current practice where 80% of installations operate at the highest permissible ELVs.
- Expanded Scope: The directive now includes large battery manufacturing installations with capacities over 15,000 tons per year, though battery assembly is excluded. The inclusion of the minerals industry and cattle farming will be determined during the implementation period.
- Enhanced Transparency: The updated IED mandates that environmental permits and actual emissions data be publicly accessible online, enhancing transparency and public access to environmental information.
- European Industrial Emissions Portal: A more comprehensive portal will replace the existing European Pollutant Release and Transfer Register (E-PRTR), offering detailed open data on pollutant releases.
Here onwards
The revised IED represents a significant advancement towards the EU’s environmental and climate goals. By expanding its scope, lowering emission limits, increasing enforcement, and enhancing public access to emissions data, the directive continues to drive the reduction of industrial emissions. Effective monitoring and control of pollutants remain crucial to achieving these objectives.