The public concerned
Also known as het betrokken publiek
What does "The public concerned" mean under the IED?
The public affected or likely to be affected by, or having an interest in, the taking of a decision on the granting or the updating of a permit or of permit conditions; for the purposes of this definition, non-governmental organisations promoting the protection of human health or the environment and meeting any requirements under national law shall be deemed to have an interest
Defined in / by
- IED (32010L0075), Article 3, point (17), as replaced by Directive (EU) 2024/1785
Last updated: 14 October 2026.
Who can take part and go to court
The public concerned have procedural rights under the IED. Article 24(1) requires that they are given early and effective opportunities to participate in the permit procedures listed there. Article 25(1) gives members of the public concerned access to a review procedure before a court of law, and that procedure must be fair, equitable, timely and not prohibitively expensive.
Since Directive (EU) 2024/1785, the same rights apply to pig and poultry farms: Article 70g(1) on participation and Article 70h(1) on access to a review procedure before a court of law or another independent and impartial body.
The definition deems qualifying non-governmental organisations to have an interest, so they do not have to show one case by case. The 2024 amendment widened that: organisations promoting the protection of human health or the environment now qualify, where the 2010 text said environmental protection. They still have to meet any requirements under national law. Separately, Article 24(2) requires the competent authority to make information available to the public, including systematically via the internet.
Questions and answers
Can an NGO challenge an IED permit?
An NGO promoting the protection of human health or the environment that meets the requirements of national law is deemed to have an interest. That makes it part of the public concerned, with access to a review procedure under Article 25.
Do these rights apply to pig and poultry farms?
Yes. Article 70g(1) covers participation and Article 70h(1) access to a review procedure for installations under Chapter VIa.
Sources
- Directive 2010/75/EU on industrial emissions, consolidated text of 4 August 2024EUR-Lex · 4 August 2024
- Directive 2010/75/EU on industrial emissions (integrated pollution prevention and control)EUR-Lex · 17 December 2010
- Directive (EU) 2024/1785 amending Directive 2010/75/EU on industrial emissions and Council Directive 1999/31/EC on the landfill of wasteEUR-Lex · 15 July 2024
Regulations
Industrial Emissions Directive (IED 2.0)
The revised Industrial Emissions Directive is Directive (EU) 2024/1785. Member States had to transpose it by 1 July 2026, and none had notified full transposition by 25 September 2026. Operators need an environmental management system by 1 July 2027, and large pig and poultry farms follow from 2030. The Dutch bill is before the Eerste Kamer.
NextParliament plenary, first reading of Omnibus VIII