Industrial Emissions and Waste Landfill Directive

Introduction

Directive (EU) 2024/1785 represents a significant revision of the Industrial Emissions Directive (IED) 2010/75/EU and the Landfill Directive 1999/31/EC. It serves as the primary EU instrument regulating pollutant emissions from industrial installations and large livestock farms. This legislation aligns the IED with the European Green Deal, aiming for a zero-pollution environment, climate neutrality, and a circular economy. It introduces stricter permit conditions, expands the scope to new sectors, and enhances public participation and enforcement mechanisms.

Evolution and Relations

This Directive amends the existing IED framework to address inefficiencies identified in previous evaluations. It links closely with the Critical Raw Materials Act, Net-Zero Industry Act, and the EU Chemicals Strategy. It aims to foster synergy between pollution control and decarbonization techniques.

Main Goal

The primary objective is to prevent or reduce emissions into air, water, and land, and to prevent waste generation, thereby achieving a high level of environmental protection. It shifts focus towards Deep Industrial Transformation and resource efficiency (water, energy, materials).

Who It Applies To

The Directive applies to industrial activities listed in Annex I and Annex Ia, including:

• Energy industries (combustion plants, refineries).
• Metal production and processing.
• Mineral industry (cement, lime, ceramics).
• Chemical industry.
• Waste management (incineration, landfills).
• New Sectors: Large-scale battery manufacturing (gigafactories) and non-energy mineral extraction (mining).
• Expanded Agriculture: Larger pig and poultry farms (lowered thresholds).

Key Dates

• Entry into Force: 4 August 2024.
• Transposition Deadline: Member States must adopt national laws by 1 July 2026.
• Application: Varies by sector and installation status (see timeline).

Exemptions

• R&D: Temporary derogations (up to 30 months) allowed for testing emerging techniques.
• Agriculture: Extensive pasture-based pig rearing and organic pig rearing are excluded from the extended scope.

Key Provisions

• Stricter Emission Limits: Competent authorities must set Emission Limit Values (ELVs) at the strictest end of the Best Available Techniques (BAT) range, unless the operator proves this is disproportionately costly.
• Environmental Management System (EMS): Mandatory implementation of an EMS, including chemical inventories and substitution plans.
• Transformation Plans: Operators must draft plans outlining their path to climate neutrality and circularity by 2050.
• Electronic Permitting: Member States must implement e-permitting systems by 2035.
• INCITE: Establishment of an Innovation Centre for Industrial Transformation and Emissions to identify emerging techniques.

Obligations and Requirements

1. Permits: Operators must hold a permit containing conditions based on BAT Conclusions.
2. Monitoring: Continuous or periodic monitoring of emissions to air, water, and soil.
3. Reporting: Annual reporting on compliance and transformation progress.
4. Resource Efficiency: Binding performance ranges for water and indicative levels for waste/materials.
5. Public Access: Permits, inspection reports, and monitoring data must be publicly available online.

Penalties

• Fines: Member States must set penalties that are effective, proportionate, and dissuasive. For serious infringements by legal persons, fines must be at least 3% of the annual Union turnover.
• Compensation: Individuals suffering health damage due to non-compliance have the right to claim compensation from the operator.