According to Article 3(10) of the Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions of 24 November 2010 (integrated pollution prevention and control - IED) ‘Best Available Techniques’ (BAT) are the most effective and advanced stage in the development of activities and their methods of operation which indicates the practical suitability of particular techniques for providing the basis for emission limit values and other permit conditions designed to prevent and, where that is not practicable, to reduce emissions and the impact on the environment as a whole.
Under the IED the large combustion plants BAT Conclusions provide a description of emission levels tailored to the different sectors and fuels such as coal, lignite, natural gas or biomass, defining the allowed levels of fuel combustion, gasification of fuel, disposal and recovery of waste in co-incineration plants.
Decisions on BAT conclusions are the basis to reassess and update the environmental permits of industrial plants.
Current BAT are laid down by Commission Implementing Decision (EU) 2021/2326 of 30 November 2021 establishing best available techniques (BAT) conclusions, under Directive 2010/75/EU of the European Parliament and of the Council, for large combustion plants.
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The said BAT conclusions were re-endorsed by the EU Member States following a decision by the General Court Ruling of 27 January 2021 in Case T-699/17 (Poland v. European Commission) to annul the original BAT conclusions published in 2017 (Commission Implementing Decision (EU) 2017/1442 of 31 July 2017) on procedural grounds.
With a view to complying with the General Court Ruling of 27 January 2021, the European Commission adopted a new act to replace the annulled Implementing Decision, however, the Annex to the new act remains identical in content to the annulled Decision.
According to the Commission, the new Decision “ensures continuity in the implementation as well as clarity and legal certainty for Member States and operators.
This means that since 17 August 2021, no large combustion plants can operate without permits granted under Industrial Emission Directive (IED) and based on Best Available Techniques”.
Regulatory chronicle
6 January 2022
Re-endorsement of rules for large combustion plants to reduce air pollution
30 December 2021
Commission Implementing Decision (EU) 2021/2326 of 30 November 2021 establishing best available techniques (BAT) conclusions, under Directive 2010/75/EU of the European Parliament and of the Council, for large combustion plants published in the EU Official Journal
27 January 2021
31 July 2017
10 February 2012
Commission Implementing Decision (2012/119/EU) of 10 February 2012 laying down rules concerning guidance on the collection of data and on the drawing up of BAT reference documents and on their quality assurance referred to in Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions (OJ L 63, 2.3.2012, p 1)
Documentation