Main changes brought by Directive 1785/2024 (IED 2)

On 15.07.2024, was published DIRECTIVE No 1785 of April 24, 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 landfills. The text is available here here.

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive until July 1, 2026.

The main new features of Directive 1785/2024 are set out below:

• Decarbonization and circular economy will become explicit objectives of the Directive, the BREF standards and the BAT definition;
• Some definitions are modified and new ones are introduced by broadening the scope, including for BAT and BAT related items;
• Authorization implications:

• Stricter conditions to apply BAT-AEL ranges;
  • There is more emphasis on "environmental performance limit values";
  • Emission levels and indicative environmental performance values associated with emerging techniques;
  • More emphasis is put on the Environmental Management System (EMS) and the use of information generated by the EMS;
  • Additional provisions related to permit applications and permit conditions are included;
  • Additional water protection requirements are included;
  • Amendments related to activities using organic solvents;
  • Changes to monitoring requirements;
  • It introduces additions to the provisions on modifications to installations, as well as the review/updating of authorization conditions;
  • Electronic authorization is to be in place by 2025 at the latest;
  • Extension of authorization for "deep industrial transformation" projects.
• A new chapter on Facilitating and Promoting Innovation is introduced, where the following topics are addressed: Emerging Technologies and the establishment of the Innovation Center for Industrial Transformation and Emissions;

Other changes:

• Several large intensive livestock farms have been included in the scope of the Directive, including pig and poultry farms, extraction/mining activities, battery manufacturing, etc.;
  • For serious infringements, operators could face fines of at least 3% of the operator's annual Union-wide turnover;
  • People whose health has been affected have the right to seek compensation from those who breach the directive;
  • Additional provisions have been included for combustion plants (whose total installed thermal input is greater than or equal to 50 MW);
  • Additional provisions on waste incineration plants and waste incineration facilities have been included;
  • Exemptions have been included for "crisis" situations.