On August 3, 2026, the Tweede Kamer published the committee report of its legislative consultation on Bill 36864, the Dutch instrument transposing the recast EU Industrial Emissions Directive (IED 2.0, Directive (EU) 2024/1785) and the Industrial Emissions Portal Regulation (Regulation (EU) 2024/1244, the PIE Regulation). The bill amends the Omgevingswet, the Wet milieubeheer and the Wet belastingen op milieugrondslag, and it lands as the EU transposition deadline of August 3, 2026 has just passed. Royal assent and publication in the Staatsblad are the remaining steps before the new regime enters into force, with IED 2.0 applying from August 3, 2027.
For roughly 5,000 Dutch industrial installations, Bill 36864 is not a routine recast. It widens the IED perimeter to battery manufacturing and intensive livestock, lowers activity thresholds, imposes a transformation-plan duty on operators, and rewrites how best-available-techniques (BAT) emission levels translate into binding permit conditions.
What does Bill 36864 change for Dutch operators?
The bill is the national vehicle for two EU instruments. Directive (EU) 2024/1785 recasts the 2010 IED, and the PIE Regulation replaces the former European Pollutant Release and Transfer Register (E-PRTR) with an industrial emissions portal. By folding both into the Omgevingswet and the Wet milieubeheer, the Netherlands keeps its integrated environmental permitting core, the omgevingsvergunning, as the single permit through which BAT conclusions bind operators. The Wet belastingen op milieugrondslag is amended to align the environmental tax base with the revised activity categories.
The committee report, debated in the wetgevingsoverleg of June 8, 2026 and published August 3, 2026 as kamerstuk 36864 nr. 15, confirms the government's "clean and low-burden" implementation posture: no substantive gold-plating beyond what the directive requires. The full parliamentary dossier 36864 tracks the remaining legislative stages.
Which installations fall into the expanded scope, and by when?
Three cohorts face the most material change. Large chemicals and advanced-materials sites already in IED scope, such as AkzoNobel, Nouryon and DSM operations, move from the 2010 thresholds to the recast's lower ones. Battery manufacturing enters the IED perimeter for the first time, bringing cell and gigafactory capacity into integrated permitting. Intensive livestock farming, long contested in Dutch politics, is brought under IED scope, tightening the permitting grip on large cattle, pig and poultry operations.
The compliance ladder is now fixed by EU law, not by the Dutch legislative calendar:
| Stage | Date | What it means for operators |
|---|---|---|
| EU transposition deadline | August 3, 2026 | Member States must have national law in place; the Netherlands is now past it |
| IED 2.0 application | August 3, 2027 | New BAT-AEL permit conditions and scope expansion take effect |
| Staatsblad publication | Imminent (Q3 2026) | Bill 36864 enters into force nationally on the date set by royal decree |
How does the bill change BAT-AEL permit conditions and transformation plans?
The recast makes BAT-associated emission levels (BAT-AELs) presumptively binding in permits: the competent authority, the bevoegd gezag, can no longer deviate above a BAT-AEL except on narrowly defined technical grounds. For Dutch operators this tightens the link between BREF conclusions and the omgevingsvergunning, narrowing the discretion that municipalities, provinces and the 29 Omgevingsdiensten have historically applied.
Operators of installations in scope must prepare a transformation plan setting out the route to compliance with BAT-AELs and the new scope. For the chemicals sector, this intersects with the existing Dutch ZZS (Zeer Zorgwekkende Stoffen) minimisation duty anchored in the Omgevingswet, so transformation plans will need to reconcile IED 2.0 BAT trajectories with national PFAS and SVHC obligations rather than treat them as separate tracks.
What should compliance teams do before the Staatsblad publication?
Operators should not wait for royal assent. Compliance teams should now map every site against the recast's lowered thresholds and the new battery and livestock categories, identify which permits need re-issuance rather than variation, and scope the data flows needed for PIE portal reporting, which replaces E-PRTR reporting. Permitting teams should brief the relevant Omgevingsdienst early on the BAT-AEL deviation justification standard, and environmental counsel should verify whether existing authorisations survive the scope expansion or require fresh applications.
Continuous, per-jurisdiction regulatory monitoring surfaces this kind of change the moment a parliamentary document publishes, which is how this committee report was caught.
Take advantage of this real-time watch
The next milestone is Eerste Kamer plenary passage, after the committee reported on July 13, 2026, followed by royal assent and Staatsblad publication. With the EU transposition deadline already behind it, the Netherlands has a narrow window to complete adoption before IED 2.0 applies in August 2027. Obsidian will track Bill 36864 from Staatsblad publication through to the first permit re-issuances under the recast.
