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Industrial and livestock-rearing emissions

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Summaries of EU Legislation

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Industrial and livestock-rearing emissions

SUMMARY OF:

Directive 2010/75/EU on industrial and livestock-rearing emissions (integrated pollution prevention and control)

WHAT IS THE AIM OF THE DIRECTIVE?

The directive introduces rules (amended in 2024) designed to prevent or, where that is not practicable, continuously reduce air, water and land pollution arising from industrial emissions and emissions from rearing livestock in the European Union (EU), including nitrogen oxide, ammonia, mercury, methane and carbon dioxide.

To achieve a high level of protection of human health and the environment, it also aims to:

prevent waste generation;
improve resource, water and energy efficiency; and
promote the circular economy and decarbonisation.

KEY POINTS

Scope

The legislation covers industrial-scale activities in the following sectors (minimum capacities apply):

energy;
metal production and processing, including battery manufacture;
minerals, including glass, asbestos and ceramics;
mining, particularly certain ores;
chemicals and gases;
waste management;
textile pretreatment (such as washing and bleaching) and finishing;
tanning of hides and skins;
slaughterhouses and animal and vegetable raw materials, including disposal or recycling of animal carcasses and by-products;
intensive rearing of pigs and poultry;
electrolysis of water for hydrogen production;
surface treatment of substances, objects or products using organic solvents;
carbon production (hard-burnt coal) or electrographite;
CO₂ capture streams;
chemical preservation of wood and wood products;
independently operated treatment of waste water in certain circumstances.

All installations covered by the directive must prevent and reduce pollution by applying the best available techniques (BATs) and address efficient energy, water and resource use, along with waste prevention and management.

General principles

EU Member States must take the necessary measures to ensure that installations operate in accordance with the following principles:

all appropriate preventive measures are taken against pollution;
no significant pollution is caused;
waste generation is prevented in accordance with Directive 2008/98/EC (see summary);
where waste is generated, it is prepared for (in EU waste hierarchy order) reuse, recycling or recovery, or, when those are technically or economically impossible, it is disposed of while avoiding or reducing environmental impact;
energy is used efficiently, and the use of renewable energy, where possible, is promoted;
material resources and water are used efficiently, including through reuse;
an environmental management system (EMS) is implemented;
measures are taken to prevent accidents or limit their consequences;
when activities cease, measures are put in place to avoid the risk of pollution and return the site to a satisfactory state.

Permits

Installations can only operate if they have official permits and must comply with any conditions set out therein.
Permit conditions are based on the BAT conclusions adopted by the European Commission.
Emission limit values (ELVs) must be set at a level that ensures pollutant emissions do not exceed the levels associated with the use of BATs. Derogations are possible under strict conditions.
Permits may also contain environmental performance limit values (EPLVs) for resource, energy or water efficiency.
National authorities are required to conduct regular inspections of the installations.
Member States must develop electronic systems to issue e-permits by 31 December 2035.
The Commission organises information sharing with Member States on e-permits and issues guidance on best practices.

Innovation

The legislation contains a set of rules for accelerating and facilitating the deployment of innovative techniques in industrial installations, to contribute to the objective of zero pollution, decarbonisation and circular economy by 2050. It includes the creation of a centre dedicated to collecting and analysing information on innovative techniques (European Innovation Centre for Industrial Transformation and Emissions).

Specific rules

The directive sets down minimum requirements for specific sectors in separate chapters. It includes specific rules relating, among other subjects, to:

combustion plants – operating aspects, emission limits, and monitoring and compliance rules (with the possibility of exemption until 31 December 2029 for plants that are part of a small isolated system);
waste incineration plants and waste co-incineration plants – operating requirements, emissions limits, and monitoring and compliance rules;
installations and activities using organic solvents – includes emission limits, reduction schemes and requirements to substitute hazardous substances;
installations producing titanium dioxide – sets emission limits and monitoring rules, and bans the disposal of certain forms of waste into any body of water;
rearing of poultry and pigs – Member States have the option to use a permitting system or a registration system for rearing farms; in both cases, those farms need to operate according to uniform conditions for operating rules, to be developed by the Commission.

Public information and participation and enforcement

In accordance with the Aarhus Convention on access to information, public participation in decision-making and access to justice in environmental matters, public information and participation are mandatory for the granting of all new permits and any major revisions to them.

The legislation has a strong focus on human health protection, which is an explicit objective of the industrial emissions directive. It also establishes the right for people to seek compensation for damage to their health caused by illegal pollution.

Access to justice is provided for members of the public concerned, consistent with the highest standards set by the Court of Justice of the European Union, to contribute to the protection of their right to live in an environment that is suitable for personal health and well-being.

The directive calls on Member States to establish effective, proportionate and dissuasive penalties for infringements, taking into account the severity and duration of the infringement, whether it was recurrent and the people and environment affected by it.

Penalties must include fines, which for the most serious infringements must amount to at least 3% of the operator’s annual turnover in the EU.

FROM WHEN DO THE RULES APPLY?

Directive 2010/75/EU had to be transposed into national law by 7 January 2013. The rules contained in the directive should apply from the same date.

Amending Directive 2024/1785 has to be transposed into national law by 1 July 2026. The rules contained in the directive should apply from the same date.

BACKGROUND

Amending Directive (EU) 2024/1785 changes the title of Directive 2010/75/EU to include livestock-rearing emissions and also amends Directive 1999/31/EC on the landfill of waste.

Directive 2011/92/EU sets out the rules for environmental impact assessments of a wide range of public and private projects.

For further information, see:

Industrial emissions and safety (European Commission).

MAIN DOCUMENT

Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (recast) (OJ L 334, 17.12.2010, pp. 17–119).

Successive amendments to Directive 2010/75/EU have been incorporated into the original document. This consolidated version is of documentary value only.

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