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On March 16, EU countries reached an agreement within the Council of Environment Ministers on a common negotiating position, called a 
'general approach' on a proposal to review the industrial emissions directive presented by the Commission in March 2022. This position will serve as a basis for the Council Presidency for negotiations to be undertaken with the European Parliament on the text of the proposal. Once the two institutions reach an agreement, the regulation will become EU legislation.
The new rules will offer better protection of human health and the environment by reducing harmful emissions from industrial installations and intensive livestock farms into the air, water, and through waste discharges.
The industrial emissions directive is the main EU instrument regulating pollution from industrial installations and intensive livestock farms, such as nitrogen oxide, ammonia, mercury, methane, and carbon dioxide. Industrial-scale installations and farms are required to operate in accordance with a permit, granted by national authorities, using Best Available Techniques (BAT) as a standard.
Main changes introduced by the Council
In their general approach, member states amended the Commission’s proposal to
- extend the scope of the directive to intensive livestock farms with higher Live Stock Unit (LSU) numbers than 350 LSU for cattle and pigs, 280 LSU for poultry and 350 LSU for mixed farms.
- Extensive farms would be excluded.
- The new rules would be applied progressively starting with the largest farms.
The general approach introduced the flexibility needed for member states to adapt the provisions on penalties and compensations in case of health damages to their different national legal systems.
Member states introduced a derogation from the emission limit values associated with best available techniques in the event of a crisis leading to severe disruption or shortage of supply of energy or essential resources, material or equipment – under strict conditions.
Background and next steps
Now that the Council has reached a general approach, negotiations with the European Parliament may begin as soon as the latter has adopted its negotiating position.
The new rules will:
- bring more installations under its scope (notably more large-scale intensive livestock farms)
- make permitting more effective
- reduce administrative burden
- increase transparency and
- give more support to breakthrough technologies and other innovative approaches.
March 16, 2023/ Consilium/ European Union.
https://www.consilium.europa.eu
