Industrial Emissions Directive

Originally entering into force in 2010, the Industrial Emissions Directive (IED) is a piece of European Union legislation aimed at regulating the environmental impact of industrial activities. It integrates and replaces several previous directives concerning industrial emissions. The main goal of the IED is to achieve a high level of protection for the environment and human health by reducing emissions from industrial installations. It sets out requirements for permitting, monitoring, and controlling emissions from a wide range of industrial activities, including energy production, waste management, chemical manufacturing, and other industrial processes. 

In April 2022 the Commission proposed a revision of the IED to bring the legislation in line with the raised ambition of the Green Deal and with the EU’s zero pollution and toxic-free environment goals. The co-legislators adopted in November 2023 an ambitious text, with the aim of extending the IED’s scope, while at the same time streamlining its compliance elements. 

The revised IED aims to extend the scope of covered industries, including a progressively large portion of agricultural and farming sectors, in addition to a substantial part of the mining sector and other heavy industries. It also introduced the concept of Environmental Performance Limit Values, which will play a substantial part in future environmental permitting rules in the Member States. On permitting, the new IED includes a variety of streamlining provisions (including e-permitting), enabling quicker scale up of essential clean technology developments. On enforcement, the new rules provide for more effective and proportionate penalties, while increasing digitalisation will help with compliance. 

The new IED includes a Commission review clause by 2028, which will play a significant part especially for the farming sector, as thresholds will be reviewed. 

 

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What’s in it for hydrogen

The previous IED made no distinction amongst different types of hydrogen production, therefore, emitting steam methane reforming and non-emitting electrolysis plants had to comply with the same national permitting rules. This put an unreasonable and unnecessary burden on electrolyser developments. 

In the revised IED, the co-legislators brought the text in line with reality and exempted electrolysers under 50 tons/day of hydrogen production from the scope of the IED. This gives small to medium electrolysers the possibility to speed up deployment, as the unreasonable permitting and administrative burden is alleviated. 

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Links to Legislation and additional information

Provisional agreement on the Directive on Industrial Emissions

Provisional agreement on the Regulation on establishing an Industrial Emissions Portal