Law360, New York (November 12, 2015, 12:01 PM EST) -- Companies conducting transactions and financings involving industrial facilities in the European Union should be aware of new guidance and policy making it clear that invasive sampling will be required pursuant to the EU Industrial Emissions Directive ("IED"), Directive 2010/75/EU. Adopted Nov. 24, 2010, by the European Parliament, the IED recast seven previous directives — including the Directive on Integrated Pollution Prevention and Control ("IPPC"), Directive 2008/1/EC — into a new directive that provides for all-media environmental obligations for facilities. The IED, for the first time, requires that all EU member states incorporate requirements for a "baseline report" and post-closure site cleanup into the permits for new and existing installations. As such, the IED has the potential to significantly increase site remediation and closure costs.   The IED requires that member states include permit conditions for addressing soil and groundwater contamination upon the cessation of operations, including the preparation of a baseline report documenting soil and groundwater conditions at the commencement of operations. The baseline report and remediation requirements of the IED are phased in based on installation status as follows: (i) any new regulated installation starting Jan. 7, 2013, (ii) any existing regulated installation permitted under the IPPC directive seeking to update a permit for the first time after Jan. 7, 2014, and (iii) any existing regulated installation not covered by the IPPC directive starting July 7, 2015.[1] Regulated installations include many facilities in a wide spectrum of industrial sectors including: energy; production and processing of metals; minerals, including production of cement, glass and ceramics; organic and inorganic chemicals; waste management; pulp and paper; textiles; tanning; intensive rearing of poultry or pigs; surface treatments using organic solvents; production of carbon or electrographite; carbon dioxide capture and storage; and preservation of wood and wood products.[2]...