IED 2.0 allows EU citizens to sue industry over health damage from pollution

New European law IED 2.0, covering emissions from industrial production and livestock rearing, enables people, for the first time on the EU level, to seek compensation for damage to their health caused by illegal pollution.

Advertising it with the “zero pollution” slogan, the European Commission noted that the new Industrial and Livestock Rearing Emissions Directive 2024/1785 (IED 2.0) has come into force. It will help promote innovation in new and emerging technologies and foster material efficiency and decarbonization by encouraging greener practices, the European Union’s executive body added.

Large industrial installations and intensive livestock farming can pollute the air, water and soil, damaging our health and the environment, the commissioners pointed out. IED 2.0 applies to Europe’s largest emitters: 37,000 industrial installations and 38,500 intensive pig and poultry farms, where the latter makes up 30% of the total number in the EU.

However, the new rules will gradually be put in place by 2030. Moreover, farms will be included between 2030 and 2032, depending on their size.

IED 2.0 gives citizens the right to seek compensation for damage to their health caused by illegal pollution, top officials stressed. It is the first law enabling it on the EU level, they added. The new rules introduce greater public participation in the permitting process and better access to information.

IED 2.0 covers landfills, metals extraction, battery gigafactories as well

The new legislation is replacing the Industrial Emissions Directive 2010/75/EU. Member states have 22 months to align their legal framework with the revised package.

Importantly, the scope was expanded to waste landfilling, metals extraction and battery gigafactories.

In the region that Balkan Green Energy News covers, it is particularly relevant for the Western Balkans. Aspiring to join the EU by the end of the decade, which means their governments will have to adopt the rules at some point, too, the countries in the group are struggling with extreme ground, air and water pollution.

Notably, at the moment there are widespread protests in Serbia against the exploration, mining and processing of lithium and boron minerals.

Guiding industrial investments toward zero pollution goal

So-called large combustion plants (LCPs) are responsible for a great amount of emissions of air pollutants. IED 2.0 has special provisions for the segment.

EU institutions claim the law would ensure a healthier environment for people and the planet, whilst spurring innovation, rewarding frontrunners, and providing industry with a level playing field and improved investment certainty. It will help guide industrial investments necessary for Europe’s transition towards a cleaner, carbon-neutral, more circular and competitive economy, the European Commission said.

It sees the directive’s implementation by 2050 leading to a reduction of emissions of key air pollutants by up to 40% from the 2020 levels. They include particulate matter of the PM2.5 type, sulfur dioxide (SO2), nitrogen oxides (NOx) and non-methane volatile organic compounds (NMVOC). Ammonia (NH3) is also among the most important pollutants.

Breachers to get suspension notices faster

Worst infringements can be sanctioned by fines of at least 3% of the annual EU turnover of the legal person. Competent institutions are getting extended authority to suspend the operation of non-compliant installations.

The updated law provides more tools for circular economy and resource efficiency. It tackles chemical pollution so that less toxic alternatives to hazardous substances are used in industrial processes.

Industries will have to develop transformation plans, describing how their installations will progress towards decarbonization, zero pollution and a circular economy.