New obligations for operators of industrial installations
With the transposition of Directive (EU) 2024/1785, the Federal Government is implementing the revised Industrial Emissions Directive (IED) into national law. This includes comprehensive changes to federal immission control law as well as a planned new 45th Ordinance implementing the Federal Immission Control Act (45th BImSchV).
The aim, within the framework of the EU directive’s air quality requirements, is to further limit industrial emissions, enhance protection of the population from harmful environmental impacts, and improve transparency of environmental performance.
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The ministerial draft, as the first step in the national legislative process, has been available since 2024,
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The implementation deadline set by the Union for the Member States ends on 1 July 2026
Timeline (as of January 2026)
Germany is in the active legislative process for the national implementation of the IED revision. The central drafts are already available, and the deadline for full implementation ends on 1 July 2026.
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Publication of Directive (EU) 2024/1785: June 2024
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Entry into force of the directive: August 2024
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Ministerial draft amending the BImSchG: November 2024
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Cabinet consideration / parliamentary procedure: expected 2026 – cabinet submission made in January 2026
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EU implementation deadline: 1 July 2026
Legal framework: new EU directive, national implementing legislation
Directive (EU) 2024/1785 amending the Industrial Emissions Directive (IED), which entered into force on 4 August 2024, obliges all EU Member States to introduce stricter emission requirements for certain industrial installations.
According to the current ministerial draft, the German legislator intends to implement this through the following measures:
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an umbrella act that provides, among other things, for amendments to the BImSchG
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an umbrella ordinance to adapt subordinate ordinances and administrative regulations.
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the introduction of a new 45th BImSchV
The planned 45th BImSchV: objectives and significance
With the implementation of Directive (EU) 2024/1785, federal immission control law is to be further developed – among other things through the planned introduction of a new 45th Ordinance implementing the BImSchG.
The 45th BImSchV is intended to specify which requirements operators of permit-required industrial installations must meet in their environmental management system in the future, particularly where no already recognized system such as EMAS or ISO 14001 is in place. The ordinance will thus likely concretize the obligation anchored in the revised BImSchG to introduce systematic environmental management.
According to the current state of the cabinet submission, likely key contents of the ordinance include, among others:
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the use and assessment of environmental performance indicators
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the development of strategic environmental and transformation plans
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clear requirements for documentation, data preparation and reporting to authorities
This is intended to ensure binding implementation of the European requirements to improve environmental performance and transparency of IED installations. At the same time, the environmental management system is to be designed in a practical manner, and transition periods will ensure that existing operational processes are not disproportionately burdened.
The 45th BImSchV remains in the legislative process, and its final scope of application and level of detail will only be determined in the final version.
Even now, however, it is becoming apparent that
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environmental management,
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traceability of decision-making processes and
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standardized documentation
will play a significantly stronger role in regulatory oversight going forward. Companies that review existing structures early can implement later adjustments more efficiently and with less effort.
Who is affected? Overview of installation categories
The planned changes affect operators of permit-required industrial installations that fall under the Industrial Emissions Directive (IED) – i.e., installations listed in Annex I of Directive 2010/75/EU including, among others:
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installations of the chemical industry
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waste treatment installations
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installations in the metal processing industry
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pulp and paper industry
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large-scale food processing
The revision also provides for an expansion of the addressed installations. Newly added categories are to include, for example:
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battery cell factories
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pyrolysis installations
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forging installations
The German implementation therefore envisages expanding and adapting the 4th BImSchV .
Large combustion plants, gas turbine and internal combustion engine installations have been regulated under the IED for years. They are only indirectly affected, for example through new requirements for environmental management or reporting.
What operators should do now
Even if the final legislative version is not yet available, operators should use the time until it enters into force to identify potential risks and needs for action early.
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Review the regulatory classification of the installation
The IED revision may affect additional installation areas. A basic understanding of whether and how your own installations are classified helps companies and operators to contextualize developments at an early stage. -
Analyze environmental management structures
Future requirements will likely place greater emphasis on traceable processes, clear responsibilities and consistent data structures. Taking a look at how your environmental management is organized today provides important indications. -
Assess the quality and availability of environmental data
As environmental indicators and reports are likely to become more standardized, it makes sense to examine early on how complete, valid and accessible your current emissions and consumption data are. -
Reflect on long-term site development
Regulatory objectives – for example regarding decarbonization – are bringing strategic considerations more to the fore. Operators should explore potential future pathways for lower-emission alternatives for their own installations. -
Strengthen documentation and transparency processes
Recurring reporting obligations and structured publications are likely to play a greater role in future. An initial assessment of existing processes provides orientation. -
Actively follow legal developments
Legislative processes, relief packages and enforcement guidance are evolving dynamically both at the EU level and nationally. Companies that keep an eye on these developments can identify and implement relevant innovations at an early stage.
Conclusion: Early action creates regulatory certainty
The national implementation of the IED revision and the planned 45th BImSchV will clarify key obligations in environmental management and increase the effort required for documentation, data quality and reporting. Companies that already review structures, data sets and responsibilities can not only identify necessary adjustments earlier, but also integrate them with less effort. This can reduce both regulatory risks and operational burdens.
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