6 Amendments of Maria SPYRAKI related to 2022/0104(COD)
Amendment 251 #
Proposal for a directive
Recital 32 a (new)
Recital 32 a (new)
(32a) Similar safeguards as presented in recital 32 for energy sector should be properly applied to other sectors, for exceptional circumstances seriously affecting supply chains that could make impossible the compliance of emission limit values for limited time periods.
Amendment 599 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point b
Article 1 – paragraph 1 – point 9 – point b
Directive 2010/75/EU
Article 13 – paragraph 2 – subparagraph 2
Article 13 – paragraph 2 – subparagraph 2
Without prejudice to Union competition law, information considered as confidential business information or commercially sensitive information shall only be shared with the Commission and with the following individuals having signed a confidentiality, and non-disclosure and non-use agreement: civil servants and other public employees representing Member States or Union agencies, and representatives of non-governmental organisations promoting the protection of human health or the environment, which are not involved in or provide support to lawsuits or similar adversarial procedures against companies or industry in general. The exchange of information considered as confidential business information or sensitive commercial information shall remain limited to what is required to draw up, review and, where necessary, update BAT reference documents, and such confidential business information or sensitive commercial information shall not be used for any other purposes. The Commission shall adopt a template for a confidentiality, non-disclosure, and non- use agreement that enables the exchange of information in accordance with this 2paragraph. The Commission shall adopt a template for a confidentiality, non- disclosure, and non-use agreement that enables the exchange of information in accordance with this paragraph. Regulation 1049/2001, Regulation 1367/2006 and Directive 2003/4/EC shall apply to any request for access to information held by an authority pursuant to the exchange referred to in Article 13(1).
Amendment 902 #
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2010/75/EU
Article 15 – paragraph 4 a (new)
Article 15 – paragraph 4 a (new)
4a. By way of derogation from paragraph 3, the competent authority may, under extraordinary and widespread circumstances seriously affecting supply conditions of raw materials/fuels or abatement technique’s elements, establish less strict emission limit values, for a maximum of 3 months, subject to a simplified assessment justifying the reasons and period for this derogation. Member States shall inform the Commission of any derogation granted under these circumstances. As soon as the supply conditions are restored then the derogation will no longer be valid.
Amendment 1497 #
Proposal for a directive
Article 1 – paragraph 1 – point 31
Article 1 – paragraph 1 – point 31
Directive 2010/75/EU
Article 79 – paragraph 2
Article 79 – paragraph 2
2. The penalties referred to in paragraph 1 shall include fines proportionate to the turnover of the legal personnature and severity of the violation and the turnover of the legal person in the Member State attributable to the relevant installation, or to the income of the natural person having committed the infringement. The level of the fines shall be calculated in such a way as to make sure that they effectively deprive the person responsible for the violation of the economic benefits derived from that violation. The level of the fines shall be gradually increased for repeated infringements if due to intentional wrongdoing or gross negligence. In the case of a serious, repeated violations committed by a legal person, the maximum amount of such fines shall be at least 84 % of the operator’s annual turnover in the Member State concerned. attributable to the relevant installation, which shall be reserved for serious and repeated violations committed intentionally or with gross negligence.
Amendment 1537 #
Proposal for a directive
Article 1 – paragraph 1 – point 32
Article 1 – paragraph 1 – point 32
Directive 2010/75/EU
Article 79a – paragraph 1
Article 79a – paragraph 1
1. Member States shall ensure that, where damage to human health has occurred as a result ofbeen caused by a violation of national measures that were adopted pursuant to this Directive, the individuals affected have the right to claim and obtain compensation for that damage from the relevant natural or legal persons and, where appropriate, from the relevant competent authorities responsible for the violation that committed the violation, if: (i) such individuals have not been contributorily negligent, did not contribute to the violation or health damage, or and have not assumed the risk of health damage, (ii) there was no justification for the violation, such as force majeure, (iii) the violation and the health damage can be reasonably attributed to the relevant natural or legal person, (iv) the relevant natural or legal person has no other defence (such as the “state-of-the-art” defence) available, and (v) the other conditions under national law for the imposition of civil liability for personal injury are met. Liability of the competent authorities does not exclude liability of the operator concerned.
Amendment 1554 #
Proposal for a directive
Article 1 – paragraph 1 – point 32
Article 1 – paragraph 1 – point 32
Directive 2010/75/EU
Article 79a – paragraph 4
Article 79a – paragraph 4
4. Where there is a claim for compensation in accordance with paragraph 1, supported by evidence from which a causality link may be presumed between the damage and the violation, Member States shall ensure that the onus is onclear scientific data, stating that a causal link between the violation did not cause or contribute to the damage and the violation exists, Member States shall ensure that such data may be submitted as evidence. Such clear scientific data may not involve mere statistical associations, and specific causal evidence (or the lack thereof) should always take precedence. Member States may permit courts, in appropriate cases, to use rebuttable presumptions, establishing the causal link between a type of pollution and health damage based on well-established, relevant, representative, scientifically proven causal links. Such a rebuttable presumption might then reverse the burden of proof as to the specific issue on which the clear scientific data provide prima facie evidence of causation. Alternatively, Member States may decide on other ways to guarantee that clear scientific data on causal links are duly considered by national courts. They shall also grant the person responsible for the violation the legal opportunity to prove that the violation did not cause or only partially contributed to the damage, or that another condition for imposing liability is not met.