(12)

Article 13 is amended as follows: paragraph 1 is replaced by the following: ‘1. In order to draw up, review and, where necessary, update BAT reference documents, the Commission shall organise an exchange of information between Member States, the industries concerned, non-governmental organisations promoting human health or environmental protection, the European Chemicals Agency and the Commission. That exchange of information shall aim at an eight-year review cycle of BAT reference documents prioritising the documents that have the highest potential to improve the protection of human health or the environment. The duration of the exchange of information referred to in the first subparagraph shall not exceed four years for each individual BAT reference document.’ ; the following paragraph is inserted: ‘1a. The Commission shall by 1 July 2026 amend Implementing Decision 2012/119/EU.’ ; in paragraph 2, the following subparagraph is added: ‘Without prejudice to Union competition law, information considered to be confidential business information or commercially sensitive information shall only be shared with the Commission and, after having signed a confidentiality and non-disclosure agreement, with civil servants and other public employees representing Member States or Union agencies. Information shall be anonymised, in such a manner that it does not refer to a particular operator or installation, when shared with the other stakeholders involved in the exchange of information referred to in paragraph 1. Non-anonymised information may only be shared in cases where anonymising the information would not allow an effective exchange of information on BAT in the context of drawing up, reviewing and, where necessary, updating BAT reference documents, with representatives of non-governmental organisations promoting the protection of human health or the environment and representatives of associations representing the relevant industrial sectors, as appropriate, and where such representatives of organisations and associations have signed a confidentiality and non-disclosure agreement. The exchange of information considered to be confidential business information or commercially sensitive information shall remain strictly limited to what is technically required to draw up, review and, where necessary, update BAT reference documents, and such confidential business information or commercially sensitive information shall not be used for other purposes.’ ; in paragraph 3, the first subparagraph is replaced by the following: ‘The Commission shall establish and regularly convene a forum composed of representatives of Member States, the industries concerned and non-governmental organisations promoting the protection of human health or the environment.’ ; in paragraph 3, the second subparagraph, point (d) is replaced by the following: ; guidance on the drawing up of BAT reference documents, and on their quality assurance including the suitability of their content and format.’ the following paragraph is inserted: ‘3a. The Commission shall obtain the opinion of the forum on the method for assessing compliance with emission limit values set out in the permit with regard to emissions to air and water, as set out in Article 15a.’ ; in paragraph 4, the following subparagraph is added: ‘The opinion of the forum referred to in the first subparagraph shall be submitted within six months of the final meeting of the technical working group responsible for that BAT reference document.’ ; paragraph 6 is replaced by the following: ‘6. After the adoption of a decision in accordance with paragraph 5, the Commission shall make the BAT conclusions and the BAT reference document publicly available without undue delay.’ ;

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Source: EUR-Lex (Cellar) · retrieved 2026-10-13 · Text as adopted (Official Journal); later amendments are not incorporated in this text.