Activities of Anja HAZEKAMP related to 2022/0104(COD)
Shadow opinions (1)
OPINION on the proposal for a Directive of the European Parliament and of the Council amending Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) and Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste
Amendments (77)
Amendment 32 #
(1) The European Green Deal55 is Europe’s strategy to ensure, by 2050, a climate-neutral, clean and circular economy, optimising resource management, minimising pollution while recognising the need for deeply transformative policies. The Union is also committed to the 2030 Agenda for Sustainable Development56 and its Sustainable Development Goals57 . The EU Chemicals Strategy for Sustainability58 of October 2020 and the Zero Pollution Action Plan59 adopted in May 2021 specifically address pollution aspects of the European Green Deal. In parallel, the New Industrial Strategy for Europe60 further emphasises the potential role of transformative technologies. Other particularly relevant policies for this initiative include the ‘Fit for 55’ package61 , the Methane Strategy62 and the Glasgow methane pledge63 , the Climate Adaptation Strategy64 , the Biodiversity Strategy65 , the Farm to Fork strategy66 , the New Circular Economy Action Plan66a, and the Sustainable Products Initiative67 . Besides, as part of the EU response to the 2022 Russia- Ukraine war, REPowerEU68 proposes a Joint European Action to support the diversification of energy supplies, accelerate the transition to renewable energy and improve energy efficiency. _________________ 55 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions The European Green Deal; COM(2019) 640 final. 56 https://www.un.org/ga/search/view_doc.as p?symbol=A/RES/70/1&Lang=E 57 https://sdgs.un.org/goals 58 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, Chemicals Strategy for Sustainability Towards a Toxic-Free Environment COM(2020) 667 final. 59 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, Pathway to a Healthy Planet for All EU Action Plan: 'Towards Zero Pollution for Air, Water and Soil' COM(2021) 400 final. 60 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions, A New Industrial Strategy for Europe COM(2020) 102 final. 61 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, 'Fit for 55': delivering the EU's 2030 Climate Target on the way to climate neutrality COM/2021/550 final. 62 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on an EU strategy to reduce methane emissions COM(2020) 663 final. 63 https://www.globalmethanepledge.org/ 64 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions Forging a climate-resilient Europe - the new EU Strategy on Adaptation to Climate Change COM(2021) 82 final. 65 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions EU Biodiversity Strategy for 2030 Bringing nature back into our lives COM(2020) 380 final. 66 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions A Farm to Fork Strategy for a fair, healthy and environmentally-friendly food system COM(2020) 381 final. 66a European Parliament resolution of 10 February 2021 on the New Circular Economy Action Plan (2020/2077(INI)) 67 COM(2022) 142 68 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions REPowerEU: Joint European Action for more affordable, secure and sustainable energy; COM(2022) 108 final.
Amendment 38 #
Proposal for a directive
Recital 2
Recital 2
(2) The European Green Deal announced a revision of Union measures to address pollution from large industrial installations, including reviewing the sectoral scope of the legislation and how to make it fully consistent with climate, energy and circular economy policies. In addition, the Zero Pollution Action Plan, the Circular Economy Action Plan and the Farm to Fork Strategy also call for reducing pollutant emissions at source, including sources not currently within the scope of Directive 2010/75/EU of the European Parliament and of the Council69 . Addressing pollution from certainand GHG emissions from agro- industrial activities, including activities related to the livestock sector, thus requires their inclusion within the scope of that Directive. _________________ 69 Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control); OJ L 334, 17.12.2010, p. 17-119.
Amendment 39 #
Proposal for a directive
Recital 3
Recital 3
(3) The Union’s extractive industrAccelerating the transition to a circular and sustainable economy is key to achieving the aims of the European Green Deal and the EU industrial strategy, including its update. RA reduction of raw materials areis of strategic importance for the digital and green transition, the energy, materials and circular economy transformation and to strengthen EU economic resiliencetowards a sustainable and fair economy within the boundaries of the planet. In order to achieve these objectives, sustainable domestic capacities need to be further developed. This requires effective, tailored and harmonised measures to ensure that the best available techniques are established and employed, thus applying processes that are both the most efficient and have the lowest possible impacts on human health and the environment . The governance mechanisms of Directive 2010/75/EU that closely associate industry experts to the development of consensual and tailored environmental requirements will support the sustainable growth of those activities in the Uniononly when proven beneficial for human and animal health and welfare, biodiversity and the environment . The development and availability of commonly agreed standards will level the Union’s playing field while ensuring a high level of protection of human healthand animal health and welfare, biodiversity and the environment. It is therefore appropriate to include those activities within the scope of Directive 2010/75/EU.
Amendment 40 #
Proposal for a directive
Recital 3
Recital 3
(3) The Union’s extractive industrAccelerating the transition to a circular and sustainable economy is key to achieving the aims of the European Green Deal and the EU industrial strategy, including its update. RA reduction of raw materials areis of strategic importance for the digital and green transition, the energy, materials and circular economy transformation and to strengthen EU economic resiliencetowards a sustainable and fair economy within the boundaries of the planet. In order to achieve these objectives, sustainable domestic capacities need to be further developed. This requires effective, tailored and harmonised measures to ensure that the best available techniques are established and employed, thus applying processes that are both the most efficient and have the lowest possible impacts on human health and the environment . The governance mechanisms of Directive 2010/75/EU that closely associate industry experts to the development of consensual and tailored environmental requirements will support the sustainable growth of those activities in the Uniononly when proven beneficial for human and animal health and welfare, biodiversity and the environment . The development and availability of commonly agreed standards will level the Union’s playing field while ensuring a high level of protection of human health and the environment. It is therefore appropriate to include those activities within the scope of Directive 2010/75/EU.
Amendment 42 #
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) A green transition requires a system change so that it works with the planet and within its boundaries.
Amendment 45 #
Proposal for a directive
Recital 4
Recital 4
(4) RAnimal farming, especially the rearing of pigs, poultry and cattle cause significant pollutant emissions into the air, soil and water and severe damage to the climate. In order to reduce such pollutant emissions, including ammonia, methane, nitrates and greenhouse gas emissions and thereby improve air, water and soil quality, it is necessarythe number of farmed animals should be reduced drastically, additionally, it is crucial to lower the threshold above which pigs and poultry installations are included within the scope of Directive 2010/75/EU and it is inevitable to include also cattle farming within that scope to meet the commitments made under the Global Methane Pledge. The establishment and expansion of industrial livestock installations shall not be granted a permit. Relevant BAT requirements take into consideration the nature, size, density and complexity of these installations, including the specificities of pasture based cattle rearing systems, where animals are only seasonally reared in indoor installations, animal welfare and the range of environmental impacts they may have. The proportionality requirements in BATs aim to incentivise farmers to implement the necessary transition towards increasingly environmentally and animal friendlyier agricultural practices, with emphasis on the protein transition. BAT requirements should be consulted with environmental and animal NGOs on a regular basis.
Amendment 56 #
Proposal for a directive
Recital 12
Recital 12
(12) To ensure the protection of human healthand animal health and welfare, biodiversity and the environment as a whole, synergies and coordination with other relevant Union environmental legislation are necessary, at all stages of its implementation. Therefore, all relevant competent authorities that ensure compliance with relevant Union environmental legislation should be duly consulted before considering the granting of a permit under Directive 2010/75/EU.
Amendment 58 #
Proposal for a directive
Recital 15
Recital 15
(15) Providing a high level of protection of human healthand animal health and welfare, biodiversity and the environment as a whole requires inter alia the establishment in permits of emission limit values at a level that ensures compliance with the applicable emission levels associated with the best available techniques set out in the BAT conclusions. Emission levels associated with the best available techniques (BAT-AELs) are usually expressed as ranges, rather than as single values, to reflect the differences within a given type of installations that result in variations in the environmental performances achieved when applying BAT. For example, a given BAT will not deliver the same performance for different installations, some BATs may not be suitable for use in certain installations, or a combination of BATs may be more effective on some pollutants or environmental media than others. The achievement of a high level of protection of human health and the environment as a whole has been jeopardised by the practice of setting emission limit values at the laxest eBefore considering the potential of a given installation to achieve lower emission levels through the application of best available techniques, effects on nature, environment and the health and welfare of humans and animals will be thoroughly assessed. Technological and of the range of emission levels associated with the best available techniques, without considering the potential of a given installation to achiever solutions with the aim of reducing emissions from animal farming, such as permanent indoor housing, air scrubbers and lower -emission levels through the application of best available techniques. Such practice discourages frontrunners from implementing more effective techniques, andstable floors that require a significant investment from farmers will not fall under best available techniques. Such practices hinders the achievement of a level-playing field at a high level of protection of human healthand animal health and welfare, biodiversity and the environment. Competent authorities should therefore be required to set in permits the lowest possible emission limit values which reflect the performance of BAT for the specific installations, taking into consideration the whole range of BAT- AELs and aiming at the best environmental performance possible for the installations; unless the operator demonstrates that applying best available techniques as described in the BAT conclusions only allows the concerned installation to meeting less strict emission limit values.
Amendment 64 #
Proposal for a directive
Recital 27
Recital 27
(27) In light of the high number ofadditional rearing installations that should be included within the scope of Directive 2010/75/EU, and the relative simplicity of the processes and emissions patterns of such installations, it is appropriate to set out specific administrative procedures for extensive installations with a significantly lower number and density of animals for issuing permits and for the operation of the relevant activities which are adapted to the sector, without prejudice to requirements related to public information and participation, monitoring and compliance. All other installations within the scope of Directive 2010/75/EU will follow the requirements set out in Article 11 regarding the general principles governing the basic obligations of the operator and Article 12 regarding the applications for permits.
Amendment 74 #
Proposal for a directive
Recital 29
Recital 29
(29) In order to ensure that Directive 2010/75/EU continues meeting its objectives to prevent orand reduce emissions of pollutants and achieve a high level of protection of human healthand animal health and welfare, biodiversity and the environment, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to supplement that Directive in order to establish operating rules containing requirements for activities relating to rearing of poultry, pigs and cattle, and to amend Annexes I and Ia to that Directive by adding an agro-industrial activity to ensure that it meets its objectives to prevent orand reduce pollutants emissions and achieve a high level of protection of human health and the environmentand animal health and welfare, biodiversity and the environment and to meet the commitments made under the Global Methane Pledge. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level and with scientists and environmental and animal welfare NGOs, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 201677 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ 77 Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making; OJ L 123, 12.5.2016, p. 1–14.
Amendment 80 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2010/75/EU
Article 1 – second subparagraph
Article 1 – second subparagraph
It also lays down rules designed to prevent or, where that is not practicable, to and to significantly reduce emissions into air, water and land and to prevent the generation of waste, in order to achieve a high level of protection of human and animal health and the environment taken as a whole.welfare, the biodiversity and the environment.
Amendment 81 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2010/75/EU
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Directive shall apply to the industrial activities giving rise to pollution referred to in Chapters II to VIa., including agricultural activities, which is essential to reduce pollutants and GHG emissions.
Amendment 82 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Directive 2010/75/EU
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
(3) ‘installation’ means a stationary technical unit within which one or more activities listed in Annex I, in Annex Ia, including agricultural activities, or in Part 1 of Annex VII are carried out, and any other directly associated activities on the same site which have a technical connection with the activities listed in those Annexes and which could have an effect on emissions and pollution;;
Amendment 86 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point b
Article 1 – paragraph 1 – point 3 – point b
Directive 2010/75/EU
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
(12) ‘BAT conclusions’ means a document containing the parts of a BAT reference document laying down the conclusions on best available techniques, their description, information to assess their applicability, the proven emission levels associated with the best available techniques, the proven environmental performance levels associated with the best available techniques, the impact on nature, environment, human and animal health and welfare, the minimum content of an environmental management system including benchmarks associated with the best available techniques, associated monitoring, associated consumption levels and, where appropriate, relevant site remediation measures;; BAT conclusions should have the highest regard for animal welfare, and their development should always be based on proven effectiveness and consulted with environmental and animal welfare NGOs. Technological and other solutions with the aim of reducing emissions from animal farming, such as permanent indoor housing, air scrubbers and low-emission stable floors, that require a significant investment from farmers will not fall under best available techniques.
Amendment 96 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point e
Article 1 – paragraph 1 – point 3 – point e
Directive 2010/75/EU
Article 3 – paragraph 1 – point 23b
Article 3 – paragraph 1 – point 23b
(23b) ‘cattle’ means domestic animal, cloven- hooved herbivores of the species Bos taurus;
Amendment 103 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2010/75/EU
Article 4 – paragraph 1 – second subparagraph
Article 4 – paragraph 1 – second subparagraph
Amendment 124 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70a
Article 70a
This Chapter shall apply to the activities set out in Annex Ia, including agricultural activities, which reach the capacity thresholds set out in that Annex.
Amendment 130 #
Proposal for a directive
Recital 1
Recital 1
(1) The European Green Deal55 is Europe’s strategy to ensure, by 2050, a climate-neutral, clean and circular economy, optimising resource management, minimising pollution while recognising the need for deeply transformative policies. The Union is also committed to the Paris Agreement1a, the 2030 Agenda for Sustainable Development56 and its Sustainable Development Goals57 . The EU Chemicals Strategy for Sustainability58 of October 2020 and the Zero Pollution Action Plan59 adopted in May 2021 specifically address pollution aspects of the European Green Deal. In parallel, the New Industrial Strategy for Europe60 further emphasises the potential role of transformative technologies. Other particularly relevant policies for this initiative include the European Climate law1b, ‘Fit for 55’ package61, the Methane Strategy62 and the Glasgow methane pledge63, the Climate Adaptation Strategy64, the Biodiversity Strategy65, the Farm to Fork strategy66 and the Sustainable Products Initiative67. Besides, as part of the EU response to the 2022 Russia-Ukraine war, REPowerEU68 proposes a Joint European Action to support the diversification of energy supplies, accelerate the transition to renewable energy and improve energy efficiency. __________________ 1a Paris Agreement (OJ L 282, 19.10.2016, p. 4) 1b Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (‘European Climate Law’) 55 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions The European Green Deal; COM(2019) 640 final. 56 https://www.un.org/ga/search/view_doc.as p?symbol=A/RES/70/1&Lang=E 57 https://sdgs.un.org/goals 58 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, Chemicals Strategy for Sustainability Towards a Toxic-Free Environment COM(2020) 667 final. 59 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, Pathway to a Healthy Planet for All EU Action Plan: 'Towards Zero Pollution for Air, Water and Soil' COM(2021) 400 final. 60 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions, A New Industrial Strategy for Europe COM(2020) 102 final. 61 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, 'Fit for 55': delivering the EU's 2030 Climate Target on the way to climate neutrality COM/2021/550 final. 62 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on an EU strategy to reduce methane emissions COM(2020) 663 final. 63 https://www.globalmethanepledge.org/ 64 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions Forging a climate-resilient Europe - the new EU Strategy on Adaptation to Climate Change COM(2021) 82 final. 65 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions EU Biodiversity Strategy for 2030 Bringing nature back into our lives COM(2020) 380 final. 66 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions A Farm to Fork Strategy for a fair, healthy and environmentally-friendly food system COM(2020) 381 final. 67 COM(2022) 142 68 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions REPowerEU: Joint European Action for more affordable, secure and sustainable energy; COM(2022) 108 final.
Amendment 133 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70b
Article 70b
If two or more installations are located close to each other and if their operator is the same or if the installations are under the control of operators who are engaged in an economic or legal relationship, the installations concerned shall be considered as a single unit for the purpose of calculating the capacity threshold referred to in Article 70a. This rule should not be used to circumvent the obligations of this directive.
Amendment 135 #
Proposal for a directive
Recital 2
Recital 2
(2) The European Green Deal announced a revision of Union measures to address pollution from large industrial installations, including reviewing the sectoral scope of the legislation and how to make it fully consistent with climate, energy, water and circular economy policies. In addition, the Zero Pollution Action Plan, the Circular Economy Action Plan, Biodiversity strategy and the Farm to Fork Strategy also call for restoring biodiversity, improving animal welfare, improving resource efficiency and reuse at industrial installations, while reducing pollutant emissions at source, including sources not currently within the scope of Directive 2010/75/EU of the European Parliament and of the Council69. Addressing new pollution from certain agro- industrial activities thus requires their inclusion within the scope of that Directive, while reinforcing animal welfare measures. __________________ 69 Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control); OJ L 334, 17.12.2010, p. 17-119.
Amendment 138 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70c – paragraph 1 – fourth paragraph
Article 70c – paragraph 1 – fourth paragraph
To effectively reduce GHG and pollutant emissions into the air, soil and water, it is inevitable to drastically reduce the number of farmed animals. This especially concerns Member States with a high livestock density. The establishment and expansion of industrial livestock installations shall not be granted a permit.
Amendment 144 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70c – paragraph 1a (new)
Article 70c – paragraph 1a (new)
1a. Member States shall include requirements set out in Article 11 regarding the general principles governing the basic obligations of the operator and Article 12 regarding the applications for permits for the activities specified in Annex Ia.
Amendment 144 #
Proposal for a directive
Recital 3
Recital 3
(3) The Union’s extractive industry is key to achieving the aims of the European Green Deal and the EU industrial strategy, including its update. Raw materials arextraction has significant environmental impact, while they are at the same time of strategic importance for the digital and green transition, the energy, materials and circular economy transformation and to strengthen EU economic resilience. In order to achieve these objectives, sustainable domestic capacities need to be further developed, in consent of affect people in regards to extractive activities in Member States. This requires effective, tailored and harmonised measures to ensure public participation and transparency and that the best available techniques are established and employed, thus applying processes that are both the most efficient and have the lowest possible impacts on human health and the environment the environment and human health, in line with the One Health principle. The governance mechanisms of Directive 2010/75/EU that closely associate industry experts to the development of consensual and tailored environmental requirements will support the sustainable growthexecution of those activities in the Union, while promoting circularity and material reuse as the primary option. The development and availability of commonly agreed standards will level the Union’s playing field while ensuring a high level of protection of human health and the environment, in line with the One Health principle. It is therefore appropriate to include those activities within the scope of Directive 2010/75/EU. At the same time, the Union and its Member States must ensure that extractive activities in third countries are carried in line with the UN 2030 Agenda for Sustainable Development.
Amendment 146 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70c – paragraph 2 – point b
Article 70c – paragraph 2 – point b
(b) the animal type, information on animal welfare
Amendment 147 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70c – paragraph 2 – point c
Article 70c – paragraph 2 – point c
(c) the capacity of the installation and specifications on grazing capacity;
Amendment 151 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
(e) the nature and quantities of foreseeable emissions from the installation into each medium., as well as identification of effects of the emissions on biodiversity;
Amendment 153 #
Proposal for a directive
Recital 4
Recital 4
(4) RAnimal farming, especially the rearing of pigs, poultry and cattle cause significant pollutant emissions into the air, soil and water and severe damage to the climate. In order to reduce such pollutant emissions, including ammonia, methane, nitrates and greenhouse gas emissions and thereby improve air, water and soil quality, it is necessarythe number of farmed animals should be reduced drastically, additionally, it is crucial to lower the threshold above which pigs and poultry installations are included within the scope of Directive 2010/75/EU and it is inevitable to include also cattle farming within that scope to meet the commitments made under the Global Methane Pledge. The establishment and expansion of industrial livestock installations shall not be granted a permit. Relevant BAT requirements take into consideration the nature, size, density and complexity of these installations, including the specificities of pasture based cattle rearing systems, where animals are only seasonally reared in indoor installations, animal welfare and the range of environmental impacts they may have. The proportionality requirements in BATs aim to incentivise farmers to implement the necessary transition towards increasingly environmentally and animal friendlyier agricultural practices, with emphasis on the protein transition. BAT requirements should be consulted with environmental and animal NGOs on a regular basis..
Amendment 154 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70c – paragraph 2 – point ea (new)
Article 70c – paragraph 2 – point ea (new)
(ea) measures planned to monitor emissions into the environment;
Amendment 155 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70c – paragraph 2 – point eb (new)
Article 70c – paragraph 2 – point eb (new)
(e b) the proposed technologies, techniques and measures for preventing and reducing emissions from the installation, while improving animal health and welfare;
Amendment 160 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70c – paragraph 4
Article 70c – paragraph 4
4. Member States shall take necessary measures to ensure that the operator informs the competent authority, without delay, of any planned substantial change to the installations falling within the scope of this Chapter which may have consequences for the environment and human and animal health and welfare. Where appropriate, the competent authority shall reconsider and update the permit.
Amendment 162 #
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) Decision (EU) 2022/591 of the European Parliament and the Council on General Union Environmental Action Programme to 2030 holistically recognises the interconnections between human health, animal health and the environment through integration of the One Health approach in policymaking. Therefore, the notion of One Health approach should be reflected in this Directive, especially in Chapter VIa.
Amendment 166 #
Proposal for a directive
Recital 4 b (new)
Recital 4 b (new)
(4b) In September 2021, the European Union and the United States announced the Global Methane Pledge, which have since been joined by more than 100 counties in total. The signatories of the pledge are aiming towards a collective goal of reducing global methane emissions by at least 30 percent from 2020 levels by 2030 and enhancing reporting standards. According to the Pledge, delivering its goal would reduce warming by at least 0.2 degrees Celsius by 2050. In the EU, anthropogenic methane emissions are largely under the Regulation (EU) 2018/842, as 53% of them come from agriculture, especially from animal production1a. Therefore, a robust inclusion of animal rearing practices to this directive is essential for the Union’s climate goals and international commitments. __________________ 1a COM(2020) 663 final.
Amendment 167 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70d – paragraph 1 – first subparagraph
Article 70d – paragraph 1 – first subparagraph
Member States shall ensure that the operator carries out monitoring of emissions, human and animal health and welfare effects and of associated environmental performance levels in accordance with the operating rules referred to in Article 70i.
Amendment 177 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70e – paragraph 3
Article 70e – paragraph 3
3. The operator shall, without delay, make available the data and information listed in paragraph 2 of this Article to the competent authority annually, and upon request. The competent authority may make such a request in order to verify compliance with the operating rules referred to in Article 70i. The competent authority shall make such a request if a member of the public requests access to the data or information listed in paragraph 2 of this Article.
Amendment 178 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70f – paragraph 2
Article 70f – paragraph 2
2. Member States shall set up an effective compliance monitoring system, based on eitherperiodical environmental inspections orand other measureequally effective measures proportionate to the levels of emissions of the installations, at least once every 2 years, to check compliance with the requirements set out in this Chapter.
Amendment 188 #
Proposal for a directive
Recital 12
Recital 12
(12) To ensure the protection of human and animal health and the environment as a whole, in accordance to the One Health approach, synergies and coordination with other relevant Union environmental legislation are necessary, at all stages of its implementation. Therefore, all relevant competent authorities that ensure compliance with relevant Union environmental legislation should be duly consulted before the granting of a permit under Directive 2010/75/EU.
Amendment 192 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70g – paragraph 2 – point d
Article 70g – paragraph 2 – point d
(d) the complete reports of inspections of the installations falling within the scope of this Chapter.
Amendment 194 #
Proposal for a directive
Recital 15
Recital 15
(15) Providing a high level of protection of human healthand animal health and welfare, biodiversity, and the environment as a whole requires inter alia the establishment in permits of emission limit values at a level that ensures compliance with the applicable emission levels associated with the best available techniques set out in the BAT conclusions. Emission levels associated with the best available techniques (BAT-AELs) are usually expressed as ranges, rather than as single values, to reflect the differences within a given type of installations that result in variations in the environmental performances achieved when applying BAT. For example, a given BAT will not deliver the same performance for different installations, some BATs may not be suitable for use in certain installations, or a combination of BATs may be more effective on some pollutants or environmental media than others. The achievement of a high level of protection of human health and the environment as a whole has been jeopardised by the practice of setting emission limit values at the laxest eBefore considering the potential of a given installation to achieve lower emission levels through the application of best available techniques, effects on nature, environment and the health and welfare of humans and animals will be thoroughly assessed. Technological and of the range of emission levels associated with the best available techniques, without considering the potential of a given installation to achiever solutions with the aim of reducing emissions from animal farming, such as permanent indoor housing, air scrubbers and lower -emission levels through the application of best available techniques. Such practice discourages frontrunners from implementing more effective techniques, andstable floors that require a significant investment from farmers will not fall under best available techniques. Such practices hinders the achievement of a level-playing field at a high level of protection of human healthand animal health and welfare, biodiversity and the environment. Competent authorities should therefore be required to set in permits the lowest possible emission limit values which reflect the performance of BAT for the specific installations, taking into consideration the whole range of BAT- AELs and aiming at the best environmental performance possible for the installations; unless the operator demonstrates that applying best available techniques as described in the BAT conclusions only allows the concerned installation to meeting less strict emission limit values.
Amendment 201 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70i – paragraph 1 – subparagraph 1 – introductory part
Article 70i – paragraph 1 – subparagraph 1 – introductory part
The Commission shall establisho effectively reduce GHG and pollutant emissions into the air, soil and water, it is inevitable that the number of farm animals has to be drastically reduced. This especially concerns Member States with a high livestock density. The establishment and expansion of industrial livestock installations shall not be granted a permit. The Commission shall establish, after consulting with relevant stakeholders, including scientists and environmental and animal-welfare NGOs, operating rules containing requirements consistent with the use of scientifically proven best available techniques which have a proven positive impact on human and animal health and welfare, the environment and biodiversity. Technological and other solutions with the aim of reducing emissions from animal farming, such as permanent indoor housing, air scrubbers and low- emission stable floors, that require a significant investment from farmers will not fall under best available techniques. This concerns the operating rules for the activities listed in Annex Ia, which shall include the following:
Amendment 208 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70i – paragraph 1 – point ea (new)
Article 70i – paragraph 1 – point ea (new)
(ea) information on the impact on human and animal health and welfare
Amendment 214 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70i – paragraph 1 – subparagraph 2
Article 70i – paragraph 1 – subparagraph 2
The operating rules shall take into account inter alia the nature, type, size and density, density, human and animal health and welfare considerations, climate and biodiversity impact of these installations and the specificities of pasture based cattle rearing systems, where animals are only seasonally reared in indoor installations.
Amendment 224 #
Proposal for a directive
Article 1 – paragraph 1 – point 27
Article 1 – paragraph 1 – point 27
Directive 2010/75/EU
Article 74 – paragraph 1
Article 74 – paragraph 1
1. In order to allow the provisions of this Directive to be adapted to scientific and technical progress on the basis of best available techniques with a proven effectiveness for human and animal health and welfare, biodiversity and the environment , the Commission shall adopt delegated acts in accordance with Article 76 as regards the adaptation of Parts 3 and 4 of Annex V, Parts 2, 6, 7 and 8 of Annex VI and Parts 5, 6, 7 and 8 of Annex VII to such scientific and technical progress.
Amendment 225 #
Proposal for a directive
Recital 27
Recital 27
Amendment 238 #
Proposal for a directive
Recital 29
Recital 29
(29) In order to ensure that Directive 2010/75/EU continues meeting its objectives to prevent or reduce emissions of pollutants and achieve a high level of protection of human and animal health and the environment, in accordance to the One Health approach, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to supplement that Directive in order to establish operating rules containing requirements for activities relating to rearing of poultry, pigs and cattle and aquaculture, and to amend Annexes I and Ia to that Directive by adding an agro- industrial activity to ensure that it meets its objectives to prevent or reduce pollutants emissions and achieve a high level of protection of human and animal health and the environment. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert levelwith relevant experts, including the scientific community environmental and animal- welfare NGOs and industry associations, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 201677 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. __________________ 77 Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making; OJ L 123, 12.5.2016, p. 1–14.
Amendment 252 #
Proposal for a directive
Annex I – paragraph 1 – point j
Annex I – paragraph 1 – point j
Directive 2010/75/EU
Annex I – paragraph j
Annex I – paragraph j
Amendment 257 #
Proposal for a directive
Annex II
Annex II
Directive 2010/75/EU
Annex 1a
Annex 1a
1. Rearing of cattle, pigs or poultry in installations of 150 livestock units (LSU) or more.
Amendment 265 #
Proposal for a directive
Annex II
Annex II
Directive 2010/75/EU
Annex 1a
Annex 1a
Rearing of any mix of the following animals: cattle, pigs, poultry, in installations of 150 LSU or more.
Amendment 873 #
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2010/75/EU
Article 15 – paragraph 4 – subparagraph 4
Article 15 – paragraph 4 – subparagraph 4
Amendment 1024 #
Proposal for a directive
Article 1 – paragraph 1 – point 18 b (new)
Article 1 – paragraph 1 – point 18 b (new)
Directive 2010/75/EU
Article 25 – paragraph 5 a (new)
Article 25 – paragraph 5 a (new)
Amendment 1234 #
Proposal for a directive
Article 1 – paragraph 1 – point 24
Article 1 – paragraph 1 – point 24
Directive 2010/75/EU
Chapter VIa – title
Chapter VIa – title
Amendment 1243 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70a – paragraph 1
Article 70a – paragraph 1
This Chapter shall apply to the activities set out in Annex Ia which reach the capacity thresholds set out in that Annex. The provisions of this Chapter do not have prejudice to protection level and requirements set forth pursuant to Chapter II of this Directive, unless expressly stated.
Amendment 1274 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70c – paragraph 1 – subparagraph 1
Article 70c – paragraph 1 – subparagraph 1
Member States shall take the necessary measures to ensure that no installation falling within the scope of this Chapter is operated without a permit and that its operation complies with the operating rules referred to in Article 70i and with any other basic rules and requirements referred to in Chapter II or outlined in the paragraphs 2, 3 and 4 of Article 70c.
Amendment 1280 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70c – paragraph 1 – subparagraph 3 a (new)
Article 70c – paragraph 1 – subparagraph 3 a (new)
The establishment and expansion of industrial livestock installations shall not be granted a permit.
Amendment 1296 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70c – paragraph 2 – subparagraph 1 – point e a (new)
Article 70c – paragraph 2 – subparagraph 1 – point e a (new)
(ea) the proposed technologies, techniques and measures for preventing and reducing emissions from the installation, while improving animal health and welfare;
Amendment 1298 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70c – paragraph 2 – subparagraph 1 – point e a (new)
Article 70c – paragraph 2 – subparagraph 1 – point e a (new)
(ea) animal welfare measures;
Amendment 1301 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70c – paragraph 2 – subparagraph 1– point e c (new)
Article 70c – paragraph 2 – subparagraph 1– point e c (new)
(ec) the days animals spend outside the stables;
Amendment 1302 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70c – paragraph 2 – subparagraph 1– point e d (new)
Article 70c – paragraph 2 – subparagraph 1– point e d (new)
(ed) the percentage of feed produced in the farm or in neighbouring farms;
Amendment 1303 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70c – paragraph 2 – subparagraph 1– point e e (new)
Article 70c – paragraph 2 – subparagraph 1– point e e (new)
(ee) the number of livestock installation falling under the scope of the IED in a perimeter of 10km around the installation.
Amendment 1316 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70c – paragraph 4a (new)
Article 70c – paragraph 4a (new)
4a. Member States shall take necessary measures to ensure that no permit will be delivered to installations located in nitrate vulnerable areas as defined in the Nitrates Directive 91/676/EEC or other sensitive areas in need of special protection.
Amendment 1330 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70d – paragraph 3
Article 70d – paragraph 3
3. The operator shall ensure that any land spreading of waste, animal by- products or other residues generated by the installation is undertaken in accordance with the best available techniques, as specified in the operating rules referred to in Article 70i, and other relevant Union legislation and that it does not cause significant pollution of the environment nor land use change with significant negative environmental consequences, especially in regard to climate change mitigation, and that it promotes circular practices to the highest extent. The operator shall also take into account the cumulative effect of the operation of similar installations in the same geographical area.
Amendment 1331 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70e – paragraph 1
Article 70e – paragraph 1
1. Member States shall ensure that suitable monitoring is carried out in accordance with the operating rules referred to in Article 70i, with monitoring for groundwater happening at least every 5 years and for soil every 10 years. The Commission shall biannually asses the monitoring policies of Member States and, where appropriate, issue recommendations for further improvements. The Member State concerned shall take utmost account of the Commission’s recommendations and may revise its monitoring policies accordingly. If the Member State concerned does not address the opinion or a substantial part thereof, that Member State shall provide a justification to the Commission. The Commission recommendations and Member State justifications pursuant to the second sub-paragraph of this paragraph shall be made publicly available, in an easily accessible form.
Amendment 1337 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70e – paragraph 3
Article 70e – paragraph 3
3. The operator shall, without delay, make available the data and information listed in paragraph 2 of this Article to the competent authority upon request. The competent authority may make such a request in order to verify compliance with the operating rules referred to in Article 70i. The competent authority shall make such a request if a member of the public requests access toregularly, at least annually. The competent authority shall make the data orand information listed in paragraph 2 of this Articlepublicly available, in an easily accessible form.
Amendment 1342 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70f – paragraph 3 – subparagraph 1
Article 70f – paragraph 3 – subparagraph 1
In the event of non-compliance with the requirements set out in this Chapter, Member States shall take measures in accordance to Article 79 and shall ensure that the competent authority requires the operator to take any measures, in addition to the measures taken by the operator under Article 70d, that are necessary to ensure that compliance is restored without delay.
Amendment 1367 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70g – paragraph 2 – introductory part
Article 70g – paragraph 2 – introductory part
2. The competent authority shall make available to the public in an easily accessible form, including systematically via the Internet, free of charge and without restricting access to registered users, the following documents and information:
Amendment 1383 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70h – paragraph 2a (new)
Article 70h – paragraph 2a (new)
2a. Member States shall ensure that national courts are effectively able to impose coercive measures, including high financial penalties, against the competent authority, applicable including, but not limited to the following provisions: (a). the obligations in relation to non- compliance measures pursuant to Article 8; (b). the obligations in relation to environmental inspections pursuant to Article 23; (c). the obligation in relation to penalties pursuant to Article 79.
Amendment 1385 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70i – paragraph 1 – subparagraph 1 – introductory part
Article 70i – paragraph 1 – subparagraph 1 – introductory part
The Commission shall establishestablishment and expansion of industrial livestock installations shall not be granted a permit. The Commission shall establish, after consulting with relevant stakeholders, including scientists and environmental and animal-welfare NGOs, operating rules containing requirements consistent with the use of scientifically proven best available techniques which have a proven positive impact on human and animal health and welfare, the environment and biodiversity. Technological and other solutions with the aim of reducing emissions from animal farming, such as permanent indoor housing, air scrubbers and low- emission stable floors, that require a significant investment from farmers will not fall under best available techniques. This concerns the operating rules for the activities listed in Annex Ia, which shall include the following:
Amendment 1386 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70i – paragraph 1 – subparagraph 1 – introductory part
Article 70i – paragraph 1 – subparagraph 1 – introductory part
The Commission shall establish operating rules containing requirements consistent with the use of best available techniques for the activities listed in Annex Ia, which shall include the following: , after a consultation process with relevant experts, including environmental and animal- welfare NGOs and industry associations, operating rules containing requirements consistent with the use of best available techniques and, as a minimum, the best environmental management practices referred to in Commission Decision (EU) 2018/8011a for the activities listed in Annex Ia, which shall include the following: __________________ 1a Commission Decision (EU) 2018/813 of 14 May 2018 on the sectoral reference document on best environmental management practices, sector environmental performance indicators and benchmarks of excellence for the agriculture sector under Regulation (EC) No 1221/2009 of the European Parliament and of the Council on the voluntary participation by organisations in a Community eco-management and audit scheme (EMAS)Text with EEA relevance. C/2018/2674 OJ L 145, 8.6.2018, p. 1–64
Amendment 1394 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70i – paragraph 1 – subparagraph 1 – point c
Article 70i – paragraph 1 – subparagraph 1 – point c
(c) land spreading and sludge utilisation practices;
Amendment 1400 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70i – paragraph 1 – subparagraph 1 – point e a (new)
Article 70i – paragraph 1 – subparagraph 1 – point e a (new)
(ea) other measures necessary to prevent risk of non-compliance with environmental quality standards referred to in Article 18;
Amendment 1401 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70i – paragraph 1 – subparagraph 1 – point e b (new)
Article 70i – paragraph 1 – subparagraph 1 – point e b (new)
(eb) measures ensuring animal welfare, in accordance to the One Health approach;
Amendment 1402 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70i – paragraph 1 – subparagraph 1 – point e c (new)
Article 70i – paragraph 1 – subparagraph 1 – point e c (new)
(ec) requirements aimed to prevent environmental impacts associated with sourcing of feeding material.
Amendment 1412 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70i – paragraph 1 – subparagraph 2
Article 70i – paragraph 1 – subparagraph 2
The operating rules shall take into account inter alia the nature, type, size and density of these installations, their animal welfare policies, and the specificities of pasture based cattle rearing systems, where animals are only seasonally reared in indoor installations. and other aspects of sustainable animal rearing.
Amendment 1420 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70i – paragraph 1a (new)
Article 70i – paragraph 1a (new)
Amendment 1426 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70i – paragraph 3
Article 70i – paragraph 3
3. Member States shall ensure that all the permit conditions for the installations concerned are in compliance with the operating rules referred to in paragraph 1 within 424 months of the entry into force of the delegated act establishing those rules..
Amendment 1450 #
Proposal for a directive
Article 1 – paragraph 1 – point 27
Article 1 – paragraph 1 – point 27
Directive 2010/75/EU
Article 74 – paragraph 1
Article 74 – paragraph 1
1. In order to allow the provisions of this Directive to be adapted to scientific and technical progress on the basis of best available techniques with a proven effectiveness for human and animal health and welfare, biodiversity and the environment, the Commission shall adopt delegated acts in accordance with Article 76 as regards the adaptation of Parts 3 and 4 of Annex V, Parts 2, 6, 7 and 8 of Annex VI and Parts 5, 6, 7 and 8 of Annex VII to such scientific and technical progress.
Amendment 1674 #
Proposal for a directive
Annex II
Annex II
Directive 2010/75/EU
Annex 1a – paragraph 1
Annex 1a – paragraph 1
1. Rearing of cattle, pigs or poultry in installations of 150 livestock units (LSU) or more.
Amendment 1693 #
Proposal for a directive
Annex II
Annex II
Rearing of any mix of the following animals: cattle, pigs, poultry, in installations of 150 LSU or more.