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1. In order to draw up, review and, where necessary, update BAT reference documents, the Commission shall organise an exchange of information between Member States, the industries concerned, non-governmental organisations promoting human health or environmental protection, the European Chemicals Agency and the Commission. That exchange of information shall aim at an eight-year review cycle of BAT reference documents prioritising the documents that have the highest potential to improve the protection of human health or the environment. The duration of the exchange of information referred to in the first subparagraph shall not exceed four years for each individual BAT reference document.

1a. The Commission shall by 1 July 2026 amend Implementing Decision 2012/119/EU.

2. The exchange of information shall, in particular, address the following:

(a) the performance of installations and techniques in terms of emissions, expressed as short- and long-term averages, where appropriate, and the associated reference conditions, consumption and nature of raw materials, water consumption, use of energy and generation of waste;

(b) the techniques used, associated monitoring, cross-media effects, economic and technical viability and developments therein;

(c) best available techniques and emerging techniques identified after considering the issues mentioned in points (a) and (b).

1. Non-anonymised information may only be shared in cases where anonymising the information would not allow an effective exchange of information on BAT in the context of drawing up, reviewing and, where necessary, updating BAT reference documents, with representatives of non-governmental organisations promoting the protection of human health or the environment and representatives of associations representing the relevant industrial sectors, as appropriate, and where such representatives of organisations and associations have signed a confidentiality and non-disclosure agreement. The exchange of information considered to be confidential business information or commercially sensitive information shall remain strictly limited to what is technically required to draw up, review and, where necessary, update BAT reference documents, and such confidential business information or commercially sensitive information shall not be used for other purposes.

3. The Commission shall establish and regularly convene a forum composed of representatives of Member States, the industries concerned and non-governmental organisations promoting the protection of human health or the environment. ◄ The Commission shall obtain the opinion of the forum on the practical arrangements for the exchange of information and, in particular, on the following:

(a) the rules of procedure of the forum;

(b) the work programme for the exchange of information;

(c) guidance on the collection of data;

(d) guidance on the drawing up of BAT reference documents, and on their quality assurance including the suitability of their content and format. The guidance referred to in points (c) and (d) of the second subparagraph shall take account of the opinion of the forum and shall be adopted in accordance with the regulatory procedure referred to in Article 75(2).

3a. The Commission shall obtain the opinion of the forum on the method for assessing compliance with emission limit values set out in the permit with regard to emissions to air and water, as set out in Article 15a.

4. The Commission shall obtain and make publicly available the opinion of the forum on the proposed content of the BAT reference documents and shall take into account this opinion for the procedures laid down in paragraph 5. The opinion of the forum referred to in the first subparagraph shall be submitted within six months of the final meeting of the technical working group responsible for that BAT reference document.

5. Decisions on the BAT conclusions shall be adopted in accordance with the regulatory procedure referred to in Article 75(2).

6. After the adoption of a decision in accordance with paragraph 5, the Commission shall make the BAT conclusions and the BAT reference document publicly available without undue delay.

7. Pending the adoption of a relevant decision in accordance with paragraph 5, the conclusions on best available techniques from BAT reference documents adopted by the Commission prior to the date referred to in Article 83 shall apply as BAT conclusions for the purposes of this Chapter except for Article 15(3) and (4).