legislation-profile
legislation-profile
Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (Text with EEA relevance)
Scope
This Directive lays down rules on integrated prevention and control of pollution arising from industrial activities. (Art. 1) The Directive shall apply to the industrial activities giving rise to pollution referred to in Chapters II to IV. It shall not apply to research activities, development activities or the testing of new products and processes. (Art. 2) 'Substance' means any chemical element and its compounds. (Art. 3 (1)) Chapter III, Special provisions for combustion plants (Art. 28) Chapter IV, Special provisions for waste incineration plants and waste co-incineration plants (Art. 42) Chapter VI, Special provisions for installations producing titanium dioxide (Art. 66)
Exemptions
Directive does not apply to the following substances: (a) Radioactive substances as defined in Art. 1 of Council Directive 96/29/Euroatom laying down basic safety standard for the protection of health of workers and the general public against the dangers arisingfrom ionising radiation. (b) Genetically modified micro-organisms as defined in Article 2(b) of Directive 2009/41/EC on the contained use of genetically modified micro-organisms. (c) Genetically modified organisms as defined in point 2 of Article 2 of Directive 2001/18/EC on the deliberate release into the environment of genetically modified organisms.
Regulatory activities
Application for a permit Registration of installation, including notification to the MS competent authority with objective of securing a permit for an installation. (Art. 4) (Art.12) In case of incidents and accidents, the operator informs the competent authority immediately and takes the measures to limit the environmental consequences and to prevent further possible incidents and accidents. (Art. 7) Reconsideration and updating of permit conditions by the competent authority. (Art. 21) Preparation of a baseline report by the operator, if activities involve the use, production or release of relevant hazardous substances. (Art. 22(2)) Upon definitive cessation of the activities, the operator shall asses the state of soil and groundwater contaminated, and shall take the necessary measures to address that pollution so as to return the site to that state. (Art. 22 (3))
Relevant product types
No reference data required
Reference documents
Yes. Annex X of Directive 2000/60/EC Annex I of Directive 91/271/EEC Regulation 166/2006 on the European Pollutant Release and Transfer Register (E-PRTR)
Obligations based on CLP hazard class
Art. 3(18) defines 'hazardous substances' as: '''hazardous substances' means substances or mixtures as defined in Article 3 of Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures'' Art. 58 states: ''Substances or mixtures which, because of their content of volatile organic compounds classified as carcinogens, mutagens, or toxic to reproduction under Regulation (EC) No 1272/2008, are assigned or need to carry the hazard statements H340, H350, H350i, H360D or H360F, shall be replaced, as far as possible by less harmful substances or mixtures within the shortest possible time.''
Obligations based on properties of concerns
Yes. Annex II - list of polluting substances, in air and water contains entry substances and mixtures which have been proved to possess carcinogenic or mutagenic properties or properties which may affect reproduction in or via the aquatic environment. Art. 58 states: ''Substances or mixtures which, because of their content of volatile organic compounds classified as carcinogens, mutagens, or toxic to reproduction under Regulation (EC) No 1272/2008, are assigned or need to carry the hazard statements H340, H350, H350i, H360D or H360F, shall be replaced, as far as possible by less harmful substances or mixtures within the shortest possible time.''
EU-level occupational exposure limits
No
EU-level emission limit values
Yes ANNEX V - Part 1: Emission limit values for combustion plants referred to in Article 30(2) ANNEX V - Part 2: Emission limit values for combustion plants referred to in Article 30(3) IED, Annex VI, Part 3 Air emission limit values for waste incineration plants IED, Annex VI, Part 4 - Determination of air emission limit values for the co-incineration of waste IED, Annex VI, Part 5 - Emission limit values for discharges of waste water from the cleaning of waste gases
Substance-centric data source(s) at the EU level
Yes. European Industrial Emissions Portal The Industrial Emissions Portal covers over 60 000 industrial sites from 65 economic activities across Europe. These activities are within the following sectors: energy production and processing of metals mineral industry chemical industry waste and waste water management paper and wood production and processing intensive livestock production and aquaculture animal and vegetable products from the food and beverage sector, and other activities. The portal shows the sites’ location and administrative data, along their releases and transfers of regulated substances to air, water and land, and transfers of waste. For large combustion plants (LCPs), there is more detailed data on energy input and emissions. This portal covers industrial sites located in EU Member States, Iceland, Liechtenstein, Norway, Serbia, Switzerland, and the United Kingdom. As a result of the Brexit withdrawal agreement, as of reporting year 2020, only Northern Ireland shall report information. This portal replaced the European Pollutant Release and Transfer Register (E-PRTR) website.
Industry submission system in place
Data are reported by individual facilities to the relevant competent authorities on an annual basis. No submission system at the EU level.
Format for industry submission
Yes. Format is defined in the Regulation 166/2006/EC on E-PRTR, Annex III- Format for reporting of release and transfer data by the Member States to the Commission.
Owner
Member States Competent Authorities, Commission and EEA Data are reported by individual facilities to the relevant competent authorities on an annual basis. The respective authorities in the countries compile and check the quality of the reported data. The data are then provided to the European Commission and the European Environment Agency for compilation and dissemination on this E-PRTR website.
Update process
Review - by January 2016 and every 3 years thereafter, the Commission shall submit to the European Parliament and to the Council a report reviewing the implementation of this Directive. (Art. 73 (1)) Amendments of Annexes- In order to allow the provisions of this Directive to be adopted to scientific and technical progress on the basis of best available techniques, the Commission shall adopt delegated acts in accordance with Article 76 and subject to conditions in Art. 77 and 78 as regards the adaptation of Parts 3 and 4 of Annex V, Parts 2,6, 7 and 8 of annex VI and Parts 5,6, 7 and 8 of Annex VII. (Art. 74)
Amendments
Corrigendum to Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control)
