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Recital 31

Directive (EU) 2024/1785 of the European Parliament and of the Council of 24 April 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 the landfill of waste (Text with EEA relevance) · European Union

(31) In recent years exceptional crisis situations have affected the Union and its Member States, such as the COVID-19 pandemic and the Russian war of aggression against Ukraine. Those crises have suddenly and directly affected the supply of energy and of societally-critical resources, materials or equipment, leading to severe shortages and disruption to which it is necessary to react swiftly. Where crises require such reaction, it could be necessary to set emission limit values and environmental performance limit values that are less strict than the levels in the BAT conclusions, in order to maintain energy production or the production of other equipment of critical importance or to allow the continuity of the operations of critical installations. The need to set less strict emission limit values or environmental performance limit values is to be balanced with the need to protect the environment and human health as well as to ensure the level playing field and the integrity of the internal market. Consequently, less strict limits may be set only as a last resort, when all measures resulting in less pollution have been exhausted. The competent authority should ensure that no significant pollution is caused due to emissions from the installation. In order to supervise the impact on the environment and public health, the emissions should be monitored. In order to ensure there is a level playing field and protect the internal market, the Commission should be able to provide strict guidance regarding the exceptional crisis situations and their circumstances that could be taken into account. The Commission should verify that such derogations granted by the Member States are justified and formulate objections where it concludes that a derogation is not justified, in which case the Member State should revise the derogation without 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.