Activities of Jutta PAULUS related to 2022/0104(COD)
Shadow reports (1)
REPORT 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 (254)
Amendment 128 #
Proposal for a directive
Title 1
Title 1
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 and livestock farm emissions (integrated pollution prevention and control) and Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste (Text with EEA relevance)
Amendment 141 #
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, including greenhouse gas emissions, from certain agro- industrial activities 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 159 #
Proposal for a directive
Recital 4
Recital 4
(4) Rearing of pigs, poultry and cattle cause significant pollutant emissions into the air and water. In order to reduce such pollutant emissions, including ammonia, methane, nitrates, particulate matter, and greenhouse gas emissions and thereby improve air, water and soil quality as well as reduce the impact on aquatic and terrestrial ecosystems, it is necessary to lower the threshold above which pigs and poultry installations are included within the scope of Directive 2010/75/EU and to include also cattle farming within that scope. 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 or not at all reared in indoor installations, 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 friendly agricultural practices.
Amendment 163 #
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) Intensive farming activities generate other associated impacts such as from feeding material and water quality and availability, notably relating to Nitrates and Phosphorous surplus linked to manure spreading. Operating rules should define key indicators of best environmental management practices, sector environmental performance indicators and benchmarks of excellence for the agriculture sector.
Amendment 167 #
Proposal for a directive
Recital 4 b (new)
Recital 4 b (new)
(4b) Member States should present transformation plans for their livestock sector, containing information on how the sector will be transformed in order to contribute to the emergence of a sustainable, clean, circular and climate- neutral economy by 2050.
Amendment 182 #
Proposal for a directive
Recital 9
Recital 9
(9) In order to foster energy efficiency of installations within the scope of Directive 2010/75/EU which are carrying out activities listed in Annex I to Directive 2003/87/EC, it is appropriate to submit those installations to energy efficiency requirements in respect of combustion units or other units emitting carbon dioxide or other greenhouse gases on the site.
Amendment 190 #
Proposal for a directive
Recital 14
Recital 14
(14) It is necessary to specify further the conditions under which the competent authority, when setting emission limit values applicable to pollutant releases to water in a permit granted under Directive 2010/75/EU, may take account of the downstream treatment processes in a waste water treatment plant, in order to ensure that such releases do not lead to an increased load of pollutants in receiving waters when compared to a situation where the installation applies BAT and meets emission levels associated with the best available techniques for direct releases. Emission limit values should take into account seasonal fluctuations of the environment as well as extreme events such as, but not limited to, drought, heat waves, low river levels. For substances that are Priority Substances or Priority Hazardous Substances, the upstream operator of installations must not exceed the maximum allowable concentration at the point where the release leaves the site boundaries.
Amendment 196 #
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
(15a) With a view to minimise emissions of persistent, bio accumulative and toxic, endocrine disrupting or persistent substances, such as the ones belonging to the group of per- and polyfluoroalkyl substances (PFAS), the European Commission should ensure that their emissions are specifically addressed in all relevant Best Available Techniques Reference Documents.
Amendment 197 #
Proposal for a directive
Recital 16
Recital 16
(16) The contribution of Directive 2010/75/EU to resource and energy efficiency and circular economy in the Union should be made more effective, taking into consideration the ‘Energy Efficiency First’ as a guiding principle of the Union energy policy. Therefore, the permits should establish, where possible,systematically establish mandatory environmental performance limit values on consumption and resource efficiency levels, including on the use of water, energy and recycled materials, based on the environmental performance levels associated with the best available techniques (BAT AEPLs) set out in decisions on BAT conclusions. Where those environmental performance levels are expressed in a range of values, competent authorities should 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.
Amendment 206 #
Proposal for a directive
Recital 17
Recital 17
(17) With a view to preventing or minimising the emission of pollutants by installations within the scope of Directive 2010/75/EU and to levelling the playing field across the Union, the conditions under which derogations from emissions limit values can be granted should be better framed through general principles,. Strict criteria need to be provided in order to ensure a more harmonized implementation of such derogations throughout the Union. Moreover, derogations from emissions limit values should not be granted where they may put at risk compliance with environmental quality standards.
Amendment 208 #
Proposal for a directive
Recital 19
Recital 19
(19) Environmental quality standards refer to all the requirements set out in Union law, such as Union legislation on climate, soil, air and water; which must be fulfilled at a given time by a given environment or particular part thereof. Therefore it is appropriate to clarify that when granting a permit to an installation, competent authorities should not only set out conditions to ensure compliance of the installation’s operations with the best available techniques conclusions, but should also, where appropriate with a view to reducing the specific contribution of the installation to the pollution occurring in the relevant area, include specific additional conditions in the permit stricter than those set in relevant BAT conclusions, so as to ensure the installation’s compliance with environmental quality standards. Such conditions may consist in setting stricter emission limit values or limiting the operation or capacity of the installation.
Amendment 211 #
Proposal for a directive
Recital 20
Recital 20
(20) Permit conditions should be regularly reviewed and, where necessary, updated by the competent authority to ensure compliance with relevant legislation. Such review or update should also take place where it is necessary for the installation to comply with an environmental quality standard, including in the case of a new or revised environmental quality standard or where the status of the receiving environment requires a revision of the permit in order to achieve compliance with plans and programmes set under Union legislation, such as the river basin management plans under Directive 2000/60/EC of the European Parliament and of the Council72 , national emission ceilings, the National Air Pollution and Control Programmes, National Climate and Energy Plans, the Habitats Directive or the Birds Directive. __________________ 72 Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ L 327, 22.12.2000).
Amendment 217 #
Proposal for a directive
Recital 25
Recital 25
(25) Achieving Union objectives regarding a clean, circular and climate neutral economy by 2050 calls for a deep transformation of the Union economy. Consistently with the 8th Environmental Action Programme, operators of installations covered by Directive 2010/75/EU should therefore be required to include transformation plans in their environmental management systems. Such transformation plans will also complement the Corporate Sustainability Reporting requirements under Directive 2013/34/EU of the European Parliament and of the Council75 by providing a means for concrete implementation of these requirements at installation level. The first priority is the transformation of energy- intensive activities listed in Annex I. Therefore, the operators of energy- intensive installations should produce transformation plans by 30 June 2030. Operators of installations carrying out other activities listed in Annex I should be required to produce transformation plans as part of the permit reconsideration and update following the publication of decisions on BAT conclusions published after 1 January 2030. Whilst the transformation plans should remain indicative documents prepared under the responsibility of the operators, trefore, the operators of activities listed in Annex I should produce transformation plans by 30 June 2025. After this date, competent authorities should be required to check that permits contain transformation plans in line with Union environmental and climate objectives. Transformation plans should be regularly reviewed and updated in order to follow technological progress. The audit organisation contracted by the operators as part of their environmental management systems should check that they contain the minimum information to be set according to this Directive and by the European Commission in an implementing delegated act, and the operators should make the transformation plans public. as well as the progress in their fulfilment publicly accessible and easy to find. __________________ 75 Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings, amending Directive 2006/43/EC of the European Parliament and of the Council and repealing Council Directives 78/660/EEC and 83/349/EEC; OJ L 182, 29.6.2013, p. 19–76.
Amendment 229 #
Proposal for a directive
Recital 28
Recital 28
(28) Innovative techniques coming on the market are expected to increasingly reduce both emissions of pollutants and of greenhouse gases from installations within the scope of both Directive 2010/75/EU and Directive 2003/87/EC of the European Parliament and of the Council76 . Whilst this will allow for the building of further synergies between those Directives, it may affect their operation, including on the carbon market. Directive 2003/87/EC contains in this regard a provision to review the effectivenHowever, current provisions are seriously affecting the ability of permit writers to provide for a combined approach on pollution prevention (GHG and other pollutants), despite originating from the same processes ofr synergies with Directive 2010/75/EU, and calling for environmental and climate relevant permits to be coordinated to ensure efficient and speedier execution of measures needed to comply with Union climate and energy objectives. In order to take into account the dynamics of innovation in this regard and the review referred to in Article 8 of Directive 2003/87/EC, the Commission should submit a report reviewing the implementation of Directive 2010/75/EU to the European Parliament and to the Council by 2028 and every 5 years thereafterources. The IED is based on the pollution prevention at source principle based on Best Available Techniques that evolve over time. In order to maximise policy consistency aligned to the goals of the European Green Deal, the option of developing BAT based performance standards should be given. __________________ 76 Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community (OJ L 275, 25.10.2003, p. 32).
Amendment 235 #
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 health 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 or reduce pollutants emissions and achieve a high level of protection of human health and the environment. Furthermore, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to supplement that Directive with (ii) a standardised methodology for assessing the disproportionality between the costs of implementation of the BAT conclusions and the potential environmental benefits, (iii) the measuring method for assessing compliance with emission limit values set out in the permit with regard to emissions to soil, air and water, (iv) the detailed arrangements necessary for the establishment and functioning of the innovation centre for industrial transformation and emissions, and (v) the format to be used for transformation plans. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, 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 244 #
Proposal for a directive
Recital 30
Recital 30
(30) In order to ensure uniform conditions for the implementation of Directive 2010/75/EU, implementing powers should be conferred on the Commission as regards the establishment of (i) the format to be used for the permit summary; (ii) a standardised methodology for assessing the disproportionality between the costs of implementation of the BAT conclusions and the potential environmental benefits, (iii) the measuring method for assessing compliance with emission limit values set out in the permit with regard to emissions to air and water, (iv) the detailed arrangements necessary for the establishment and functioning of the innovation centre for industrial transformation and emissions, and (v) the format to be used for transformation plans. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council78 . __________________ 78 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
Amendment 260 #
Proposal for a directive
Article 1 – paragraph 1 – point -1 (new)
Article 1 – paragraph 1 – point -1 (new)
Directive 2010/75/EU
Article 1 – title
Article 1 – title
Amendment 261 #
Proposal for a directive
Article 1 – paragraph 1 – point -1 a (new)
Article 1 – paragraph 1 – point -1 a (new)
Amendment 264 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2010/75/EU
Article 1 – paragraph 2
Article 1 – paragraph 2
It also lays down rules designed to prevent or, where that is not technically practicable, to reduce emissions into air, water and landcontinuously reduce the environmental impact of industrial activities including emissions into air, water and land, to phase out substances of concern, to improve resource efficiency in order to reduce the use of water, energy and raw materials and to prevent the generation of waste, in order to achieve a high level of protection of human health and the environment taken as a whole..
Amendment 269 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Directive 2010/75/EU
Article 2 – paragraph 2
Article 2 – paragraph 2
(2a) In Article 2, the paragraph 2 is deleted;
Amendment 274 #
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 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;, pollution and consumption of natural resources including water, energy and raw materials;
Amendment 287 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a d (new)
Article 1 – paragraph 1 – point 3 – point a d (new)
Directive 2010/75/EU
Article 3 – paragraph 1 – point 6
Article 3 – paragraph 1 – point 6
(ad) In Article 3, paragraph 1, point 6 is replaced by the following: (6) ‘environmental quality standard’ means the set of requirements and protection objectives which must be fulfilled at a given time by or into a given environment or particular part thereof, as set out in Union law; , including, but not limited to, quality standards, emission ceilings, target values and related objectives set within plans and programmes required by Union law; Or. en (32010L0075)
Amendment 289 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a e (new)
Article 1 – paragraph 1 – point 3 – point a e (new)
Directive 2010/75/EU
Article 3 – paragraph 1 – point 6 a (new)
Article 3 – paragraph 1 – point 6 a (new)
(ae) In Article 3, paragraph 1, point 6a (new) is inserted: (6a) ‘Area in need of specific protection’ means natural habitats or water bodies afforded protection under Union or international law including the obligation to prevent further deterioration related to the objectives under such law, or other sensitive areas or vulnerable zones designated by Union law or other sensitive receptors;
Amendment 291 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a f (new)
Article 1 – paragraph 1 – point 3 – point a f (new)
Directive 2010/75/EU
Article 3 – paragraph 1 – point 8
Article 3 – paragraph 1 – point 8
(af) In Article 3, paragraph 1, point 8 is replaced as follows: (8) ‘general binding rules’ means emission limit values, environmental performance values or other conditions, at least at sector level, that are adopted with the intention of being used directly to set permit conditions; Or. en (32010L0075)
Amendment 293 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a g (new)
Article 1 – paragraph 1 – point 3 – point a g (new)
Directive 2010/75/EU
Article 3 – paragraph 1 – point 9
Article 3 – paragraph 1 – point 9
(ag) In Article 3, paragraph 1, point 9 is replaced as follows: (9) ‘substantial change’ means a change in the nature or functioning, or an extension, of an installation or combustion plant, waste incineration plant or waste co- incineration plant , or an extension of a duration of operation, which may have significant negative effects on human health or the environment; Or. en (32010L0075)
Amendment 296 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a h (new)
Article 1 – paragraph 1 – point 3 – point a h (new)
Directive 2010/75/EU
Article 3 – paragraph 1 – point 10
Article 3 – paragraph 1 – point 10
(ah) In Article 3, paragraph 1, point 10 is replaced as follows: (10) ‘best available techniques’ means the most effective and advanced stage in the development of activities and their methods of operation which indicates the practical suitability of particular techniques for providing the basis for emission limit values and other permit conditions designed to prevent and, where that is not practicable, to reduce emissions and the impact on the environment as a whole: (a) ‘techniques’ includes both the technology used and the way in which the installation is designed, built, maintained, operated and decommissioned; (b) ‘available techniques’ means those developed on a scale which allows implementation in the relevant industrial sector, under economically and technically viable conditions, taking into consideration the costs and advantages,full internalisation of external costs and wider societal advantages from its potential deployment, irrespective of whether or not the techniques are used or produced inside the Member State in question, as long as they are reasonably accessible to the operator; (c) ‘best’ means most effective in achieving a high general level of protection of the environment as a whole; , including human health and climate protection; Or. en (32010L0075)
Amendment 308 #
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 3 – paragraph 1 – point 12
Article 3 – 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 emission levels associated with the best available techniques, the environmental performance levels associated with the best available techniques, the minimum content of an environmental management system including benchmarks associated with the best available techniques, associated monitoring, associated consumption levels of water, energy and raw materials and, where appropriate, relevant site remediation measures;;
Amendment 315 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point c
Article 1 – paragraph 1 – point 3 – point c
Directive 2010/75/EU
Article 3 – paragraph 1 – point 13 a
Article 3 – paragraph 1 – point 13 a
(13a) ‘environmental performance levels associated with the best available techniques’ means the range of environmental performance levels, including consumption, efficiency, and reuse levels of water, energy and raw materials as well as waste prevention levels, except emission levels, obtained under normal operating conditions using a BAT or a combination of BATs;.
Amendment 330 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point c a (new)
Article 1 – paragraph 1 – point 3 – point c a (new)
Directive 2010/75/EU
Article 3 – paragraph 1 – point 14
Article 3 – paragraph 1 – point 14
Amendment 351 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point e a (new)
Article 1 – paragraph 1 – point 3 – point e a (new)
Directive 2010/75/EU
Article 3 – paragraph 1 – point 23 c a (new)
Article 3 – paragraph 1 – point 23 c a (new)
In Article 3, paragraph 1, point 23 c a (new) is inserted: (23ca) ‘extensive pasture based cattle rearing’ means the rearing of cattle in installations of less than 300 LSU where the fodder is grown within the installation or its direct vicinity and with: (a) less than 1,6 LSU per hectare of forage area, consisting of permanent pasture, temporary grassland including arable leys or home grown fodder crops and (b) more than 70% of permanent pasture, temporary grassland including arable leys of the overall forage area;
Amendment 353 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point e c (new)
Article 1 – paragraph 1 – point 3 – point e c (new)
Directive 2010/75/EU
Article 3 – paragraph 1 – point 27
Article 3 – paragraph 1 – point 27
(ec) In Article 3, paragraph 1, point 27 is replaced as follows: (27) ‘operating hours’ means the time, expressed in hours, during which a combustion plant, in whole or in part, is operating and discharging emissions into the air, excluding start-up and shut-down periods; ; Or. en (32010L0075)
Amendment 374 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point f
Article 1 – paragraph 1 – point 3 – point f
Directive 2010/75/EU
Article 3 – paragraph 1 – point 51
Article 3 – paragraph 1 – point 51
(51) ‘environmental performance levels associated with emerging techniques’ means the range of environmental performance levels, including consumption, efficiency and reuse levels of water, energy and raw materials as well as waste levels, except emission levels, obtained under normal operating conditions using an emerging technique or a combination of emerging techniques;
Amendment 380 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point f
Article 1 – paragraph 1 – point 3 – point f
Directive 2010/75/EU
Article 3 – paragraph 1 – point 53 – introductory part
Article 3 – paragraph 1 – point 53 – introductory part
(53) ‘‘benchmarks’ means the indicative range of environmental performance levels associated with the most effective best available techniques, other than emission levels, and mayshall include, where appropriate, but not limited to:
Amendment 398 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point f
Article 1 – paragraph 1 – point 3 – point f
Directive 2010/75/EU
Article 3 – paragraph 1 – point 53 – point e
Article 3 – paragraph 1 – point 53 – point e
(e) waste prevention levels;
Amendment 414 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2010/75/EU
Article 4 – paragraph 1 – subparagraph 2
Article 4 – paragraph 1 – subparagraph 2
‘By way of derogation from the first subparagraph, Member States may set a procedure for the registration of installations covered only by Chapter V or Chapter VIaand for research activities, development activities or the testing of new products and processes.’.
Amendment 419 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 a (new)
Article 1 – paragraph 1 – point 4 a (new)
Directive 2010/75/EU
Article 5 – paragraph 1
Article 5 – paragraph 1
(4a) In Article 5, the paragraph 1 is replaced by the following: "1. Without prejudice to other requirements laid down in national or Union law, the competent authority shall grant a permit if the installation complies with the requirements of this Directive. From 30 June 2027, a permit shall only be granted after an assessment of the compatibility of the transformation plan referred to in Article 27d with Union environmental and climate objectives. The validity of an operating permit shall not exceed 8 years. " Or. en (32010L0075)
Amendment 423 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 b (new)
Article 1 – paragraph 1 – point 4 b (new)
Directive 2010/75/EU
Article 5 – paragraph 2
Article 5 – paragraph 2
(4b) In Article 5, the paragraph 2 is replaced by the following: 2. Member States shall take the measures necessary to ensure that the conditions of, and the procedures for the granting of, the permit are fully coordinated where more than one competent authority or more than one operator is involved or more than one permit is granted, i. In order to guarantee an effective integrated approach by all authorities competent for this procedure. an electronic permitting and compliance system shall be put in place. Or. en (32010L0075)
Amendment 430 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2010/75/EU
Article 5 – paragraph 4 – subparagraph 1 – introductory part
Article 5 – paragraph 4 – subparagraph 1 – introductory part
Member States shall ensure that permits granted pursuant to this Article are comparable and made available on the Internetwebsite of the operator, on an easy to find webpage, free of charge and without restricting access to registered users no later than one month after they are granted. In addition, a summary of each permit shall be made available to the public under the same conditions. That summary shall include at least the following:
Amendment 436 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2010/75/EU
Article 5 – paragraph 4 – subparagraph 1 – point b
Article 5 – paragraph 4 – subparagraph 1 – point b
(b) the emission limit values and environmental performance limits values and a comparison with the emission levels and environmental performance levels associated with BATs;
Amendment 438 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2010/75/EU
Article 5 – paragraph 4 – subparagraph 1 – point c
Article 5 – paragraph 4 – subparagraph 1 – point c
(c) any derogations granted in accordance with Article 15(4) including the environmental impact of granted derogations;
Amendment 445 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2010/75/EU
Article 5 – paragraph 4 – subparagraph 2
Article 5 – paragraph 4 – subparagraph 2
Amendment 446 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2010/75/EU
Article 5 – paragraph 4 – subparagraph 2 a (new)
Article 5 – paragraph 4 – subparagraph 2 a (new)
Member States shall also ensure that permits are also integrated in the Portal established under Regulation 2022/0105 (COD).
Amendment 450 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 a (new)
Article 1 – paragraph 1 – point 5 a (new)
Directive 2010/75/EU
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 458 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2010/75/EU
Article 7 – paragraph 1
Article 7 – paragraph 1
Without prejudice to Directive 2004/35/EC of the European Parliament and of the Council*, in the event of any incident or accident significantly affecting human health or the environment, Member States shall take the necessary measures to ensure that:
Amendment 467 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2010/75/EU
Article 7 – paragraph 2
Article 7 – paragraph 2
In the event of any incident or accident significantly affecting human health or the environment in another Member State, the Member State in whose territory the accident or incident has occurred shall ensure that the competent authority of the other Member State is immediately informed via the established communication channels as referred to in Article 26(5). Transboundary and multidisciplinary cooperation between the affected Member States shall aim at lminimitsing the consequences on the environment and human health remediate any short or long-term damage to the environment, including the restoration of affected ecosystems, and to prevent further possible incidents or accidents.
Amendment 477 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
2010/75/EU
Article 8 – paragraph 2 – subparagraph 2
Article 8 – paragraph 2 – subparagraph 2
Where the breach of the permit conditions poses an immediate danger to human health or threatens to cause an immediate significant adverse effect upon the environment, and until compliance is restored in accordance with the first subparagraph, points (b) and (c), the operation of the installation, combustion plant, waste incineration plant, waste co- incineration plant or relevant part thereof shall be suspended without any delay.
Amendment 482 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2010/75/EU
Article 8 – paragraph 3
Article 8 – paragraph 3
Where the breach of the permit conditions continues to cause a danger to human health or a a significantn adverse effect upon the environment, and where the necessary action for restoring compliance identified in the inspection report referred to in Article 23(6) have not been implemented, the operation of the installation, combustion plant, waste incineration plant, waste co-incineration plant or relevant part thereof mayshall be suspended by the competent authority until compliance with the permit conditions is restored.
Amendment 485 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
2010/75/EU
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
3a. In the event of any breach of the permit conditions affecting human health or the environment in another Member State, the Member State in whose territory the breach of the permit conditions has occurred shall ensure that the competent authority of the other Member State is immediately informed via the established communication channels as referred to in Article 26(5). Transboundary and multidisciplinary cooperation between the affected Member States shall aim at minimising the consequences on the environment and human health and remediate any short or long-term damage to the environment, including the restoration of affected ecosystems.
Amendment 490 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 a (new)
Article 1 – paragraph 1 – point 6 a (new)
Directive 2010/75/EU
Article 9 – paragraph 1
Article 9 – paragraph 1
Amendment 511 #
Proposal for a directive
Article 1 – paragraph 1 – point 7 c (new)
Article 1 – paragraph 1 – point 7 c (new)
Directive 2010/75/EU
Article 10
Article 10
Amendment 512 #
Proposal for a directive
Article 1 – paragraph 1 – point 7 c (new)
Article 1 – paragraph 1 – point 7 c (new)
Directive 2010/75/EU
Article 10
Article 10
Amendment 515 #
Proposal for a directive
Article 1 – paragraph 1 – point 7 d (new)
Article 1 – paragraph 1 – point 7 d (new)
Directive 2010/75/EU
Article 11 – paragraph 1 – point f
Article 11 – paragraph 1 – point f
(f) energy is used efficiently; 7d) In Article 11, point (f) is replaced by the following: (f) energy is used efficiently and the use and production of renewable energy is maximised; Or. en (32010L0075)
Amendment 519 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2010/75/EU
Article 11 – paragraph 1 – point f a
Article 11 – paragraph 1 – point f a
(fa) material resources and water are sourced sustainably and used efficiently, including through re-use and recycling;
Amendment 531 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2010/75/EU
Article 11 – paragraph 1 – point f b
Article 11 – paragraph 1 – point f b
(fb) measures are taken to optimise the overall life-cycle environmental performance of the supply chain is taken , including the carbon, material and water footprinto, account as appropriateross the entire supply chain;
Amendment 532 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2010/75/EU
Article 11 – paragraph 1 – point f b a (new)
Article 11 – paragraph 1 – point f b a (new)
(fba) measures are taken to maximise the substitution of primary raw materials by secondary materials;
Amendment 542 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2010/75/EU
Article 11 – paragraph 1 – point f c a (new)
Article 11 – paragraph 1 – point f c a (new)
(fca) measures are taken to protect human health, environmental health and animal welfare where relevant, in line with the One Health approach;
Amendment 544 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2010/75/EU
Article 11 – paragraph 1 – point f c b (new)
Article 11 – paragraph 1 – point f c b (new)
(fcb) measures to protect and restore biodiversity, ecosystems, habitats and soil health are taken, where relevant
Amendment 547 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2010/75/EU
Article 11 – paragraph 1 – point f c c (new)
Article 11 – paragraph 1 – point f c c (new)
(fcc) measures are taken to prevent direct and indirect land use change;
Amendment 548 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2010/75/EU
Article 11 – paragraph 1 – point f c d (new)
Article 11 – paragraph 1 – point f c d (new)
(fcd) measures for climate mitigation and adaptation are taken
Amendment 549 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2010/75/EU
Article 11 – paragraph 1 – point f c e (new)
Article 11 – paragraph 1 – point f c e (new)
(fce) measures are taken to prevent the destruction or degradation of carbon sinks.
Amendment 552 #
Proposal for a directive
Article 1 – paragraph 1 – point 8 a (new)
Article 1 – paragraph 1 – point 8 a (new)
Directive 2010/75/EU
Article 12 – paragraph 1 – point b
Article 12 – paragraph 1 – point b
Amendment 558 #
Proposal for a directive
Article 1 – paragraph 1 – point 8 b (new)
Article 1 – paragraph 1 – point 8 b (new)
Directive 2010/75/EU
Article 12 – paragraph 1 – point f
Article 12 – paragraph 1 – point f
(8b) In Article 12 (1), point (f) is amended as follows: (f) the nature and quantities of foreseeable emissions from the installation into each medium air, water and soil, as well as identification of significant effects of the emissions on the environment; Or. en (32010L0075)
Amendment 559 #
Proposal for a directive
Article 1 – paragraph 1 – point 8 c (new)
Article 1 – paragraph 1 – point 8 c (new)
Directive 2010/75/EU
Article 12 – paragraph 1 – point h a (new)
Article 12 – paragraph 1 – point h a (new)
Amendment 562 #
Proposal for a directive
Article 1 – paragraph 1 – point 8 d (new)
Article 1 – paragraph 1 – point 8 d (new)
Directive 2010/75/EU
Article 12 – paragraph 1 – point k - subparagraph 1
Article 12 – paragraph 1 – point k - subparagraph 1
(8d) in Article 12 (1), point (k), subparagraph 1 is amended as follows: (k) the main alternatives to the proposed technology, techniques and measures studied by the applicant in outline. , demonstrating that the chosen alternative is the least polluting means available to produce the intended product or service. Or. en (32010L0075)
Amendment 563 #
Proposal for a directive
Article 1 – paragraph 1 – point 8 e (new)
Article 1 – paragraph 1 – point 8 e (new)
Directive 2010/75/EU
Chapter II - title
Chapter II - title
(8e) After Article 12, the following should be inserted: CHAPTER II PROVISIONS FOR ACTIVITIES LISTED IN ANNEX I
Amendment 564 #
Proposal for a directive
Article 1 – paragraph 1 – point 8 e (new)
Article 1 – paragraph 1 – point 8 e (new)
Directive 2010/75/EU
Article 12 a (new)
Article 12 a (new)
(8e) Article 12, the following should be inserted: Article 12a Scope This Chapter shall apply to the activities set out in Annex I and, where applicable, reaching the capacity thresholds set out in that Annex.
Amendment 567 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point a
Article 1 – paragraph 1 – point 9 – point a
Directive 2010/75/EU
Article 13 – paragraph 1
Article 13 – paragraph 1
1. In order to draw up, review and, where necessary, update BAT reference documents, the Commission shall organise an inclusive and balanced exchange of information between Member States, the industries concerned, non-governmental organisations promoting environmental protection, the European Chemicalsincluding providers of the most effective techniques and/or emerging techniques, as well as operators that have implemented such techniques, non-governmental organisations promoting the protection of human health or the environment, the European Chemicals Agency, the European Environment Agency and the Commission.
Amendment 576 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point a
Article 1 – paragraph 1 – point 9 – point a
Directive 2010/75/EU
Article 13 – paragraph 1a (new)
Article 13 – paragraph 1a (new)
1a. In Article 13, paragraph 1 a (new) is added: 1a. BAT reference documents shall be reviewed and, where necessary, updated at least every six years.
Amendment 577 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point a a (new)
Article 1 – paragraph 1 – point 9 – point a a (new)
Directive 2010/75/EU
Article 13 – paragraph 2 – point a
Article 13 – paragraph 2 – point a
(aa) In Article 13, paragraph (2), point (a) is amended as follows: (a) the performance of installations and techniques, including decarbonisation 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; Or. en (32010L0075)
Amendment 582 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point a b (new)
Article 1 – paragraph 1 – point 9 – point a b (new)
Directive 2010/75/EU
Article 13 – paragraph 2 – point a b (new)
Article 13 – paragraph 2 – point a b (new)
(ab) In Article 13(2), the following point ab (new) is added: (ab) the performance of installations and techniques in terms of circularity, including the efficient use of resources, the use of secondary materials and industrial symbiosis
Amendment 585 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point a c (new)
Article 1 – paragraph 1 – point 9 – point a c (new)
Directive 2010/75/EU
Article 13 – paragraph 2 – point b
Article 13 – paragraph 2 – point b
(ac) In Article 13 (2), point (b) is amended as follows: "(b) the techniques used, associated monitoring of environmental performance, cross-media effects, economic and technical viability and developments therein; " Or. en (32010L0075)
Amendment 588 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point a d (new)
Article 1 – paragraph 1 – point 9 – point a d (new)
Directive 2010/75/EU
Article 13 – paragraph 2 – point b a (new)
Article 13 – paragraph 2 – point b a (new)
(ad) In Article 13(2), the following point (ba) is added: (ba) best practices regarding the public access of monitoring information, accuracy and comparability of performance information for the purpose of benchmarking and compliance promotion;
Amendment 593 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point a h (new)
Article 1 – paragraph 1 – point 9 – point a h (new)
Directive 2010/75/EU
Article 13 – paragraph 2 – point c
Article 13 – paragraph 2 – point c
(ah) In Article 13(2), point (c) is amended as follows: "(c) best available techniques and emerging techniques identified after considering the issues mentioned in points (a) and (b). according to the criteria set out in Annex III. Or. en (32010L0075)
Amendment 613 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point b a (new)
Article 1 – paragraph 1 – point 9 – point b a (new)
Directive 2010/75/EU
Article 13 – paragraph 3 – subparagraph 1
Article 13 – paragraph 3 – subparagraph 1
paragraph 3, subparagraph 1 is replaced by the following: 3. The Commission shall establish and regularly convene an inclusive and balanced forum composed of representatives of Member States, the industries concerned and non- governmental organisations promoting environmental protection. the protection of human health or the environment. Or. en (32010L0075)
Amendment 616 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point b b (new)
Article 1 – paragraph 1 – point 9 – point b b (new)
Directive 2010/75/EU
Article 13 – paragraph 3 – subparagraph 2 – point a
Article 13 – paragraph 3 – subparagraph 2 – point a
Amendment 621 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point b d (new)
Article 1 – paragraph 1 – point 9 – point b d (new)
Directive 2010/75/EU
Article 13 – paragraph 3 – subparagraph 2 – point c
Article 13 – paragraph 3 – subparagraph 2 – point c
Amendment 624 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point b e (new)
Article 1 – paragraph 1 – point 9 – point b e (new)
Directive 2010/75/EU
Article 13 – paragraph 3 – subparagraph 2 – point d
Article 13 – paragraph 3 – subparagraph 2 – point d
Amendment 629 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point b f (new)
Article 1 – paragraph 1 – point 9 – point b f (new)
Directive 2010/75/EU
Article 13 – paragraph 3 – subparagraph 2 – point d a (new)
Article 13 – paragraph 3 – subparagraph 2 – point d a (new)
In the subparagraph 2, point da (new) is added: (da) implementation and enforcement of BAT reference documents and other provisions laid down in this Directive;
Amendment 633 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point c (new)
Article 1 – paragraph 1 – point 9 – point c (new)
Directive 2010/75/EU
Article 13 – paragraph 3 – subparagraph 3
Article 13 – paragraph 3 – subparagraph 3
Amendment 635 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point d (new)
Article 1 – paragraph 1 – point 9 – point d (new)
Directive 2010/75/EU
Article 13 – paragraph 4
Article 13 – paragraph 4
Amendment 638 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point d (new)
Article 1 – paragraph 1 – point 9 – point d (new)
Directive 2010/75/EU
Article 13 – paragraph 6
Article 13 – paragraph 6
In Article 13, paragraph 6 is amended as follows: "6. After the adoption of a decision in accordance with paragraph 5, the Commission shall without delayin one month make the BAT reference document publicly available and ensure that BAT conclusions are made availableand the BAT conclusions publicly available on an easy to find webpage. The BAT conclusions shall be published in all the official languages of the Union. " Or. en (32010L0075)
Amendment 655 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a – point iii a (new)
Article 1 – paragraph 1 – point 10 – point a – point iii a (new)
Directive 2010/75/EU
Article 14 – paragraph 1 – subparagraph 2 – point a b (new)
Article 14 – paragraph 1 – subparagraph 2 – point a b (new)
(iiia) In Article 14, paragraph 1, subparagraph 2, the following point (ab new) is inserted: (ab) other measures, including on greenhouse gas emissions, taken as a result of the transformation plan referred to in Article 27d and suitable monitoring requirements;
Amendment 657 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a – point iv
Article 1 – paragraph 1 – point 10 – point a – point iv
Directive 2010/75/EU
Article 14 – paragraph 1 – second subparagraph – point b
Article 14 – paragraph 1 – second subparagraph – point b
(b) appropriate requirements ensuring protection of the soil, groundwater and surface water, and measures concerning the reduction of generation of waste and monitoring and management of waste generated by the installation;;
Amendment 665 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a – point vi
Article 1 – paragraph 1 – point 10 – point a – point vi
Directive 2010/75/EU
Article 14 – paragraph 1 – subparagraph 2 – point b c
Article 14 – paragraph 1 – subparagraph 2 – point b c
(bc) suitable monitoring requirements for theappropriate measures concerning the efficient consumption and reuse of resources such as energy, water and raw materials;virgin and secondary raw materials and suitable monitoring requirements;
Amendment 670 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a – point vi a (new)
Article 1 – paragraph 1 – point 10 – point a – point vi a (new)
Directive 2010/75/EU
Article 14 – paragraph 1 – subparagraph 2 – point c – subpoint ii a (new)
Article 14 – paragraph 1 – subparagraph 2 – point c – subpoint ii a (new)
(via) in point (c), the following subpoint (ii a new) is added: (iia) requirements for quality control of laboratories performing the monitoring, based on international standards such as ISO 17025.
Amendment 673 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a – point vi b (new)
Article 1 – paragraph 1 – point 10 – point a – point vi b (new)
Directive 2010/75/EU
Article 14 – paragraph 1 – subparagraph 2 – point d introductory part
Article 14 – paragraph 1 – subparagraph 2 – point d introductory part
(d) an obligation to supply the competent authorityvib) In Article 14, paragraph 1, subparagraph 2, point d, introductory part is replaced by following: "(d) an obligation to supply the competent authority with, and integrate in the Portal established under Regulation 2022/0105 (COD), regularly, and at least annually, with: :" Or. en (32010L0075)
Amendment 677 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a – point vi c (new)
Article 1 – paragraph 1 – point 10 – point a – point vi c (new)
Directive 2010/75/EU
Article 14 – paragraph 1 – subparagraph 2 – point d – subpoint i
Article 14 – paragraph 1 – subparagraph 2 – point d – subpoint i
(vic) Article 14, paragraph 1, subparagraph 2, point d, subpoint i is replaced by the following: "(i) information on the basis of results of emission monitoring referred to in points (ab), (bb), and (c) and other required data that enables the competent authority and the public to verify compliance with the permit conditions; and " Or. en (32010L0075)
Amendment 681 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a – point vii
Article 1 – paragraph 1 – point 10 – point a – point vii
Directive 2010/75/EU
Article 14 – paragraph 1 – subparagraph 2 – point d – subpoint iii
Article 14 – paragraph 1 – subparagraph 2 – point d – subpoint iii
(iii) information on progress towards fulfilment of the environmental policy objectives referred to in Article 14a and on progress towards achieving the pathways described in the transformation plans referred to in article 27d. Such information shall be made public;
Amendment 685 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a – point vii a (new)
Article 1 – paragraph 1 – point 10 – point a – point vii a (new)
Directive 2010/75/EU
Article 14 – paragraph 1 – subparagraph 2 – point e
Article 14 – paragraph 1 – subparagraph 2 – point e
(viia) In Article 14, paragraph 1, subparagraph 2, point e is replaced as follows: (e) appropriate requirements for the regular maintenance and surveillance of measures taken to prevent emissions to soil, surface water and groundwater pursuant to point (b) and appropriate requirements concerning the periodic monitoring of soil and groundwater in relation to the concentration of relevant hazardous substances, including persistent organic pollutants and heavy metals, likely to be found on site and having regard to the possibility of soil and groundwater contamination at and surrounding the site of the installation; Or. en (32010L0075)
Amendment 710 #
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Directive 2010/75/EU
Article 14a – paragraph 1 – subparagraph 2
Article 14a – paragraph 1 – subparagraph 2
The EMS shall be reviewed periodicannually to ensure that it continues to be suitable, adequate and effective.
Amendment 714 #
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Directive 2010/75/EU
Article 14a – paragraph 2 – point a – introductory part
Article 14a – paragraph 2 – point a – introductory part
(a) environmental policy objectives, measures and indicators for the continuous improvement of the environmental performance and safety of the installation according to the medium- and long-term objectives of the transformation plan referred to in Article 27, which shall include measures to:
Amendment 721 #
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Directive 2010/75/EU
Article 14a – paragraph 2 – point a – point i
Article 14a – paragraph 2 – point a – point i
(i) prevent the generation of waste;the core environmental performance indicators as described in Part C of Annex IV of Regulation (EC) 1221/2009
Amendment 724 #
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Amendment 734 #
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
(iii) measures to prevent or reduce risks associated with the manufacture or use of hazardous substances including the substitution with safer alternatives identified in accordance with point (d) of this paragraph.
Amendment 751 #
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
(d) a chemicals inventory of the hazardous substances present in the installation as such, as constituents of other substances or as part of mixtures, a risk assessment of the impact of such substances on human health and the environment, training programs and health monitoring for workers exposed to these substances, and an analysis of the possibilities to substitute them with safer alternatives, including a pathway for substitution or phase out;
Amendment 760 #
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
3. The environmental reporting on the EMS and the EMS of an installation shall be made available on the Internet, free of charge and without restricting access to registered user, at least annually, on the Internet, on the website of the operator, on a webpage which is easy to find, free of charge and without restricting access to registered users and shall be integrated in the Portal established under Regulation [Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on reporting of environmental data from industrial installations and establishing an Industrial Emissions Portal, COM/2022/157]. Member States shall ensure that the permits of operators not fulfilling this reporting requirement are withdrawn.
Amendment 772 #
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2010/75/EU
Article 15 – paragraph 1 – subparagraph 2 – introductory part
Article 15 – paragraph 1 – subparagraph 2 – introductory part
With regard to indirect releases of polluting substances into water, the effect of a waste water treatment plant outside the installation may be taken into account when determining the emission limit values of the installation concerned, provided that an equivalent level of protection of the environment as a whole is guaranteed and provided this does not lead to higher levels of pollution in the environment and provided that the operator ensures that all of the following requirements are fulfilled:
Amendment 774 #
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2010/75/EU
Article 15 – paragraph 1 – subparagraph 2 – point –a (new)
Article 15 – paragraph 1 – subparagraph 2 – point –a (new)
(-a) at the point where the emissions leave the installation, the water status complies with relevant maximum allowable concentrations set pursuant to Directive 2008/105/EC;
Amendment 779 #
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
(ca) the released substances are not classified as persistent, bioaccumulative and toxic, nor as endocrine disruptors according to Regulation 1272/2008 on classification, labelling and packaging of substances and mixtures;
Amendment 781 #
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2010/75/EU
Article 15 – paragraph 1 – subparagraph 2 – point d
Article 15 – paragraph 1 – subparagraph 2 – point d
(d) the overall load of the concerned polluting substances eventually released into the waterenvironment is not increased compared to the situation where the emissions from the installation concerned remained compliant with emission limit values set for direct releases in accordance with paragraph (3) of this Article, without prejudice to stricter measures required pursuant to Article 18.
Amendment 783 #
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2010/75/EU
Article 15 – paragraph 1 – subparagraph 2 – point d a (new)
Article 15 – paragraph 1 – subparagraph 2 – point d a (new)
(da) the quality of the sewage sludge for nutrient cycling is not affected.
Amendment 788 #
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2010/75/EU
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Without prejudice to Article 18, the emission limit values and environmental performance limit values and the equivalent parameters and technical measures referred to in Article 14(1) and (2) shall be based on BAT without prescribing the use of any technique or specific technology.
Amendment 804 #
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2010/75/EU
Article 15 – paragraph 3 – subparagraph 1 – introductory part
Article 15 – paragraph 3 – subparagraph 1 – introductory part
The competent authority shall set the strictest possible emission limit values that are consistent with the lowest emissions achievable by applying the most effective BAT in the installation, and that ensure that, under normal operating conditions, emissions do not exceed the emission levels associated with the best available techniques (BAT- AELs) as laid down in the decisions on BAT conclusions referred to in Article 13(5). The emission limit values shall be based on an assessment by the operator analysing the technical non- feasibility of meeting the strictest end of the BAT-AEL range and demonstrating the best performance the installation can achieve by applying the most effective BAT as described in BAT conclusions. The emission limit values shall be set through either of the following:
Amendment 813 #
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2010/75/EU
Article 15 – paragraph 3 – subparagraph 1 – point a a
Article 15 – paragraph 3 – subparagraph 1 – point a a
(aa) setting supplementary load limits for polluting substances listed in Annex II of Regulation (EC) No 166/2006 that is emitted from the installation. For pollutants with properties hazardous to human health those should be subject to at least hourly load limits;
Amendment 819 #
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2010/75/EU
Article 15 – paragraph 3 – subparagraph 2
Article 15 – paragraph 3 – subparagraph 2
Where the emission limit values are set in accordance with point (b), the competent authority shall, at least annually, assess the results of emission monitoring in order to ensure that emissions under normal operating conditions have not exceeded the emission levelspollution load associated with the best available techniques.
Amendment 834 #
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2010/75/EU
Article 15 – paragraph 3a
Article 15 – paragraph 3a
3a. The competent authority shall set the strictest environmental performance limit values that are consistent with the best performance achievable by applying the most effective BAT in the installation, and that ensure that, under normal operating conditions, such performance limits values do not exceed the environmental performance levels associated with BATs as laid down in the decisions on BAT conclusions referred to in Article 13(5). The environmental performance limit values shall be based on an assessment by the operator analysing the technical non-feasibility of meeting the strictest end of the BAT- AEPL range and demonstrating the best performance the installation can achieve by applying most effective BAT(s) as described in BAT conclusions.
Amendment 841 #
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2010/75/EU
Article 15 – paragraph 3 a a (new)
Article 15 – paragraph 3 a a (new)
3aa. Paragraphs (3) and (3a) shall apply to any granting of a permit or reconsideration or updating of a permit after the entry into force of this Directive, and in any case for the first time no later than [4 years after the entry into force of this Directive].
Amendment 848 #
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 1 – introductory part
Article 15 – paragraph 4 – subparagraph 1 – introductory part
By way of derogation from paragraph 3, and without prejudice to Article 18, the competent authority may, in specific cases, set less strict emission limit values. Such a derogation may apply only where an assessment shows that the achievement of emission levels associated with the best available techniques as described in BAT conclusions would lead to disproportionately higher costs compared to the environmental benefits, as defined in Annex II, due to:
Amendment 854 #
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 1 – point a
Article 15 – paragraph 4 – subparagraph 1 – point a
(a) the geographical location or the local environmentalclimatic conditions of the installation concerned; or
Amendment 856 #
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 1 – point b
Article 15 – paragraph 4 – subparagraph 1 – point b
Amendment 869 #
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 2
Article 15 – paragraph 4 – subparagraph 2
The competent authority shall document in an annex to the permit conditions the reasons for the application of the first subparagraph including the methodology and the result of the assessment and the justification for the conditions imposed.
Amendment 875 #
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Derogations referred to in this paragraph shall respect the principles set out in Annex IIbe granted for a maximum of four years and shall respect the principles set out in Annex II. Derogations shall be renewable in accordance with the procedure laid out in the first subparagraph. The competent authority shall in any case ensure that no significant pollution is caused and that a high level of protection of the environment as a whole is achieved. Derogations shall not be granted where they may put at risk compliance with environmental quality standards referred to in Article 18. For priority or priority hazardous substances, as defined in Union law, no derogation may be granted. When substances are newly defined as priority substances in Union law, a transitional period of a maximum of three years may apply to existing derogations.
Amendment 897 #
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 6
Article 15 – paragraph 4 – subparagraph 6
Amendment 917 #
Proposal for a directive
Article 1 – paragraph 1 – point 13 a (new)
Article 1 – paragraph 1 – point 13 a (new)
Directive 2010/75/EU
Article 16 – paragraph 2
Article 16 – paragraph 2
(13a) In Article 16, paragraph 2 is replaced as follows: "2. The frequency of the periodic monitoring referred to in Article 14(1)(e) shall be determined by the competent authority in a permit for each individual installation or in general binding rules. Without prejudice to the first subparagraph, periodic monitoring shall be carried out at least once every 5 years for groundwater and 10 years for soil, unless such monitoring is based on a systematic appraisal of the risk of contamination. and shall be at least annually." Or. en (32010L0075)
Amendment 918 #
Proposal for a directive
Article 1 – paragraph 1 – point 13 b (new)
Article 1 – paragraph 1 – point 13 b (new)
Directive 2010/75/EU
Article 16 – paragraph 2 a (new)
Article 16 – paragraph 2 a (new)
(13b) In Article 16, paragraph 2a is inserted as follows: 2a. The quality control of laboratories performing the monitoring shall be based on international standards, such as ISO 17025.
Amendment 926 #
Proposal for a directive
Article 1 – paragraph 1 – point 14 b (new)
Article 1 – paragraph 1 – point 14 b (new)
Directive 2010/75/EU
Article 17 – paragraph 2
Article 17 – paragraph 2
(14b) In Article 17, paragraph 2 is replaced by the following: "2. General binding rules shall be based on the bemost available techniques, without prescribing the use of any technique or specific technology in order to ensure compliance with Articles 14 and 15. effective combination of best available techniques in order to ensure compliance with the objectives of this Directive." Or. en (32010L0075)
Amendment 929 #
Proposal for a directive
Article 1 – paragraph 1 – point 14 c (new)
Article 1 – paragraph 1 – point 14 c (new)
Directive 2010/75/EU
Article 17 – paragraph 3
Article 17 – paragraph 3
(14c) In Article 17, paragraph 3 is replaced as follows: "3. Member States shall ensure that general binding rules are updated to take into account developments in(a) reflect best performance achieved by the use of the most effective best available techniques and their developments in order to ensure compliance with Article 21. (b) promote the uptake of the most effective techniques as laid down in the decisions on BAT conclusions referred to in Article 15(3) or the deployment of the emerging techniques referred to in Article 27." Or. en (32010L0075)
Amendment 935 #
Proposal for a directive
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Directive 2010/75/EU
Article 18 – paragraph 1
Article 18 – paragraph 1
Where an environmental quality standard, taking into account seasonal fluctuations of the environment as well as extreme events such as, but not limited to, drought, heat waves, low river levels, an environmental quality standard, including an area in need of specific protection, may be put at risk and therefore requires stricter conditions than those achievable by the use of the best available techniques, additional measures shall be included in the permit with, a view to preducventing the specific contribution of the installation to the pollution occurring in the relevant area. In the case of substances with endocrine disrupting, persistent, bioaccumulative and toxic (PBT) properties or very persistent and very bioaccumulative (vPvB) properties, the emission limit values included in the permit under Article 14(1) should be equivalent to the detection limit of the monitoring instruments.
Amendment 950 #
Proposal for a directive
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Directive 2010/75/EU
Article 18 – paragraph 2
Article 18 – paragraph 2
Where stricter conditions have been included in the permit in accordance with the first paragraph, regular monitoring of the concentration of relevant pollutants in the receiving environment resulting from operations of the installations concerned shall be required from the operator, and the results of such monitoring shall be transmitted to the competent authority. without any delay. Where monitoring and measurement methods for the concerned pollutants are set out in other relevant Union legislation, such methods shall be used for the purpose of the monitoring referred to in this paragraph..
Amendment 952 #
Proposal for a directive
Article 1 – paragraph 1 – point 15 b (new)
Article 1 – paragraph 1 – point 15 b (new)
Directive 2010/75/EU
Article 20 – paragraph 1
Article 20 – paragraph 1
(15b) In Article 20, paragraph 1 is replaced by the following: "1. Member States shall take the necessary measures to ensure that the operator informs the competent authority of any planned change in the nature or functioning, or an extension of the installation, which may have consequences for the environment at least six months prior to the implementation. Where appropriate, the competent authority shall update the permit. including the relevant processes for the extension. Or. en (32010L0075)
Amendment 954 #
Proposal for a directive
Article 1 – paragraph 1 – point 15 c (new)
Article 1 – paragraph 1 – point 15 c (new)
Directive 2010/75/EU
Article 21 – paragraph 2 – subparagraph 2
Article 21 – paragraph 2 – subparagraph 2
(15c) In Article 21, paragraph 2, subparagraph 2 is replaced as follows: "When reconsidering permit conditions, the competent authority shall use any information resulting from monitoring or inspections. or reporting of citizens or independent measurement by non- governmental organisations. Or. en (32010L0075)
Amendment 956 #
Proposal for a directive
Article 1 – paragraph 1 – point 15 c (new)
Article 1 – paragraph 1 – point 15 c (new)
Directive 2010/75/EU
Article 21 – paragraph 3 – subparagraph 1– point a
Article 21 – paragraph 3 – subparagraph 1– point a
(15c) In Article 21, paragraph 3, subparagraph 1, point a is replaced as follows: "(a) all the permit conditions for the installation concerned are reconsidered and, if necessary, updated to ensure compliance with this Directive, in particular, with Article 15(39(1), and Article 15(3), (3a) and (4), where applicable; Or. en (32010L0075)
Amendment 973 #
Proposal for a directive
Article 1 – paragraph 1 – point 16 a (new)
Article 1 – paragraph 1 – point 16 a (new)
Directive 2010/75/EU
Article 21 – paragraph 5 a (new)
Article 21 – paragraph 5 a (new)
Amendment 975 #
Proposal for a directive
Article 1 – paragraph 1 – point 16 b (new)
Article 1 – paragraph 1 – point 16 b (new)
Directive 2010/75/EU
Article 22 – paragraph 2
Article 22 – paragraph 2
Amendment 976 #
Proposal for a directive
Article 1 – paragraph 1 – point 16 c (new)
Article 1 – paragraph 1 – point 16 c (new)
Directive 2010/75/EU
Article 22 – paragraph 3– subparagraph 1
Article 22 – paragraph 3– subparagraph 1
(16c) In Article 22, paragraph 3, subparagraph 1 is replaced as follows: "3. Upon definitive cessation of the activities, the operator shall assess the state of soil and groundwater contamination by relevant hazardous substances used, produced or released by the installation. Where the installation has caused significant pollution or degradation of soil or groundwater by relevant hazardous substances compared to the state established in the baseline report referred to in paragraph 2, the operator shall take the necessary measures to address that pollution or degradation so as to return the site to that state within the shortest reasonable time possible. For that purpose, the technical feasibility of such measures may be taken into account. " Or. en (32010L0075)
Amendment 977 #
Proposal for a directive
Article 1 – paragraph 1 – point 16 d (new)
Article 1 – paragraph 1 – point 16 d (new)
Directive 2010/75/EU
Article 22 – paragraph 4
Article 22 – paragraph 4
(16d) In Article 22, paragraph 4 is replaced as follows: "4. Where the operator is not required to prepare a baseline report referred to in paragraph 2, the operator shall, upon definitive cessation of the activities, take the necessary actions aimed at the removal, control, containment or reduction of relevant hazardous substances, so that the site, taking into account its current or approved future use, ceases to pose any significant risk to human health or the environment due to the contamination of soil and groundwater as a result of the permitted activities and taking into account the conditions of the site of the installation established in accordance with Article 12(1)(d). " Or. en (32010L0075)
Amendment 978 #
Proposal for a directive
Article 1 – paragraph 1 – point 16 d (new)
Article 1 – paragraph 1 – point 16 d (new)
2010/75/EU
Article 23 – paragraph 4 – subparagraph 2
Article 23 – paragraph 4 – subparagraph 2
(16e) In Article 23, paragraph 4, subparagraph 2 is replaced as follows: "The period between two site visits shall be based on a systematic appraisal of the environmental risks of the installations concerned and shall not exceed 1 year for installations posing the highest risks and 3 years for installations posing the lowest risks. The proposal for a risk classification shall be included in the public consultation before a permit is granted." Or. en (32010L0075)
Amendment 979 #
Proposal for a directive
Article 1 – paragraph 1 – point 16 d (new)
Article 1 – paragraph 1 – point 16 d (new)
Directive 2010/75/EU
Article 23 – paragraph 4 – subparagraph 5
Article 23 – paragraph 4 – subparagraph 5
Amendment 980 #
Proposal for a directive
Article 1 – paragraph 1 – point 17 – point a – point -i (new)
Article 1 – paragraph 1 – point 17 – point a – point -i (new)
Directive 2010/75/EU
Article 24 – paragraph 1 – introductory part
Article 24 – paragraph 1 – introductory part
(-i) In Article 24, paragraph 1, subparagraph 1, introductory part is replaced as follows: "1. Member States shall ensure that the public concerned are given early and effective opportunities to participate in the following procedures: , including at the early stage of reconsideration of a permit:" Or. en (32010L0075)
Amendment 989 #
Proposal for a directive
Article 1 – paragraph 1 – point 17 – point a – point ii a (new)
Article 1 – paragraph 1 – point 17 – point a – point ii a (new)
Directive 2010/75/EU
Article 24 – paragraph 1 – subparagraph 1 – point e a (new)
Article 24 – paragraph 1 – subparagraph 1 – point e a (new)
(iia) In Article 24, paragraph 1, subparagraph 1, point ea (new) is inserted: (ea) any other reconsideration or updating of a permit, unless the potential update is not capable of changing the basis parameters of the permit and will not address any significant environmental aspects of the activity.
Amendment 993 #
Proposal for a directive
Article 1 – paragraph 1 – point 17 – point b – point i
Article 1 – paragraph 1 – point 17 – point b – point i
Directive 2010/75/EU
Article 24 – paragraph 2 – introductory part
Article 24 – paragraph 2 – introductory part
2. When a decision on granting, reconsideration or updating of a permit has been taken, the competent authority shall make available to the public, including systematically via the Internet, on its website, on a webpage which is easy to find, free of charge and without restricting access to registered users, in relation to points (a), (b) and (f and through integration in the Portal established under Regulation 2022/0105 (COD), the following information:;
Amendment 996 #
Proposal for a directive
Article 1 – paragraph 1 – point 17 – point b – point i a (new)
Article 1 – paragraph 1 – point 17 – point b – point i a (new)
Directive 2010/75/EU
Article 24 – paragraph 2 – point a a (new)
Article 24 – paragraph 2 – point a a (new)
(ia) In Article 24, paragraph 2, point a a (new) is inserted: (aa) the summary of the permit referred to in Article 5 (4);
Amendment 998 #
Proposal for a directive
Article 1 – paragraph 1 – point 17 – point b – point ii a (new)
Article 1 – paragraph 1 – point 17 – point b – point ii a (new)
Directive 2010/75/EU
Article 24 – paragraph 2 – point e
Article 24 – paragraph 2 – point e
(iia) In Article 24 - paragraph 1, point e is replaced by the following: "(e) how the permit conditions referred to in Article 14, including the emission limit values and environmental performance limit values, have been determined in relation to the best available techniques and emission levels and environmental performance levels associated with the best available techniques; " Or. en (32010L0075)
Amendment 1000 #
Proposal for a directive
Article 1 – paragraph 1 – point 17 – point b – point ii b (new)
Article 1 – paragraph 1 – point 17 – point b – point ii b (new)
Directive 2010/75/EU
Article 24 – paragraph 2 – point f
Article 24 – paragraph 2 – point f
(iib) In Article 24, paragraph 1, point f is replaced by the following: "(f) where a derogation is granted in accordance with Article 15(1) or (4), the specific reasons for that derogation based on the criteria laid down in thate respective paragraph and the conditions imposed. as well as the result of the assessment of the environmental impact of that derogation." Or. en (32010L0075)
Amendment 1004 #
Proposal for a directive
Article 1 – paragraph 1 – point 17 – point c
Article 1 – paragraph 1 – point 17 – point c
Directive 2010/75/EU
Article 24 – paragraph 3 – introductory part
Article 24 – paragraph 3 – introductory part
3. The competent authority shall also make available to the public, including systematically via the Internet, on its website, on a webpage which is easy to find, free of charge and without restricting access to registered users, the following and through integration in the Portal established under Regulation 2022/0105 (COD), including consultations held pursuant to Article 26:
Amendment 1007 #
Proposal for a directive
Article 1 – paragraph 1 – point 17 – point c
Article 1 – paragraph 1 – point 17 – point c
Directive 2010/75/EU
Article 24 – paragraph 3 – point b
Article 24 – paragraph 3 – point b
(b) the results of emission monitoring and summaries thereof as required under the permit conditions and held by the competent authority in a database allowing for downloads of query-based datasets;
Amendment 1012 #
Proposal for a directive
Article 1 – paragraph 1 – point 17 – point c
Article 1 – paragraph 1 – point 17 – point c
Directive 2010/75/EU
Article 24 – paragraph 3 – point c a (new)
Article 24 – paragraph 3 – point c a (new)
(ca) the report referred to under paragraph 6 of Article 23;
Amendment 1014 #
Proposal for a directive
Article 1 – paragraph 1 – point 17 – point c
Article 1 – paragraph 1 – point 17 – point c
Directive 2010/75/EU
Article 24 – paragraph 3 – point c b (new)
Article 24 – paragraph 3 – point c b (new)
(cb) names of operators that have breached provisions of this Directive;
Amendment 1019 #
Proposal for a directive
Article 1 – paragraph 1 – point 17 a (new)
Article 1 – paragraph 1 – point 17 a (new)
Directive 2010/75/EU
Article 25 – paragraph 1 – subparagraph 1 – introductory part
Article 25 – paragraph 1 – subparagraph 1 – introductory part
(17a) In Article 25, paragraph 1, subparagraph 1, introductory part is amended as follows: "1. Member States shall ensure that, in accordance with the relevant national legal system, members of the public concerned have access to a review procedure before a court of law or another independent and impartial body established by law to challenge the substantive or procedural legality of decisions, acts or omissions subject to Article 24this Directive when one of the following conditions is met: " Or. en (32010L0075)
Amendment 1022 #
Proposal for a directive
Article 1 – paragraph 1 – point 18 a (new)
Article 1 – paragraph 1 – point 18 a (new)
Directive 2010/75/EU
Article 25 – paragraph 2 a (new)
Article 25 – paragraph 2 a (new)
(18a) In Article 25, paragraph 2a (new) is added: 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 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 1026 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/75/EU
Article 26 – paragraph 1
Article 26 – paragraph 1
1. Where a Member State is aware that the operation of an installation may have significant negative effects on the environment of another Member State, or where a Member State which may be significantly affected so requests, the Member State in whose territory the application for a permit pursuant to Article 4 or Article 20(2) was submitted or in whose territory a permit was reconsidered pursuant to Article 21 shall forward to the other Member State any information required to be given or made available pursuant to Annex IV at the same time as it makes it available to the public and after three months at the latest. On the basis of that information, consultations shall be carried out between the two Member States, while ensuring that the comments from the Member State that may be significantly affected are provided before the competent authority of the Member State in whose territory the application for a permit was submitted reaches its decision. Should no comments be provided by the Member State which may be significantly affected within the period for consultation of the public concerned, the competent authority shall proceed with the permitting procedure.
Amendment 1029 #
Proposal for a directive
Article 1 – paragraph 1 – point 19 a (new)
Article 1 – paragraph 1 – point 19 a (new)
Directive 2010/75/EU
Article 26 – paragraph 4 a (new)
Article 26 – paragraph 4 a (new)
Amendment 1037 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2010/75/EU
Article 27 – paragraph 1
Article 27 – paragraph 1
Member States shall, where appropriate, encourage the development and application of emerging techniques, in particular where such techniques have been identified in the BAT conclusions, the BAT reference documents or the findings of the innovation centre for industrial transformation and emissions referred to in Article 27a. In relation to rearing of pigs, poultry and cattle activities, Member States shall only encourage the development and application of techniques that ensure animal welfare protection and that are aligned with the One Health approach.
Amendment 1042 #
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 a – paragraph 2 a (new)
Article 27 a – paragraph 2 a (new)
2a. The centre shall develop guidance on transformation indicators that contribute to the emergence of a sustainable, clean, non-toxic, circular and climate-neutral economy that respects the planetary boundaries by 2050.
Amendment 1043 #
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 a – paragraph 2 a (new)
Article 27 a – paragraph 2 a (new)
2b. The centre shall develop guidance on transformation indicators that contribute to the emergence of a sustainable, clean, non-toxic, circular and climate-neutral economy respecting the planetary boundaries by 2050 at the latest.
Amendment 1045 #
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
(g) non-governmental organisations promoting environmental protectionthe protection of human health or the environment;
Amendment 1056 #
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 b – paragraph 1
Article 27 b – paragraph 1
Without prejudice to Article 18, the competent authority may grant temporary derogations from the requirements set out in Article 15(2) and (3) and from the principles set out in Article 11, points (a) and (b), for the testing of emerging techniques for a total period of time not exceeding 2418 months.
Amendment 1082 #
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d – title
Article 27 d – title
Transformation towards a clean, non-toxic, circular and climate neutral industry
Amendment 1101 #
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d – paragraph 1 – subparagraph 1
Article 27 d – paragraph 1 – subparagraph 1
Member States shall require that by 30 June1 December 203025 the operator includes in its environmental management system referred to in Article 14a a transformation plan for each installation carrying out any activity listed in points 1, 2, 3, 4, 6.1 a, and 6.1 b of Annex I. The transformation plan shall contain information on how the installation will transform itself during the 2030-2050 period in order to contribute to the emergence of a sustainable, clean, non- toxic, circular and climate-neutral economy by 2050, using the format referred to in paragraph 4.
Amendment 1117 #
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d – paragraph 1 – subparagraph 2
Article 27 d – paragraph 1 – subparagraph 2
Member States shall take the necessary measures to ensure that by 31 December 203126, the audit organisation contracted by the operator as part of its environmental management system assesses the conformity of the transformation plans referred to in the first subparagraph of paragraph 1 with the requirements set out in the implementing act referred to in paragraph 4.
Amendment 1131 #
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d – paragraph 2 – subparagraph 1
Article 27 d – paragraph 2 – subparagraph 1
Amendment 1142 #
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d – paragraph 2 – subparagraph 2
Article 27 d – paragraph 2 – subparagraph 2
Amendment 1150 #
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d – paragraph 2 a (new)
Article 27 d – paragraph 2 a (new)
Amendment 1151 #
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d – paragraph 2 b (new)
Article 27 d – paragraph 2 b (new)
2b. The operator shall annually assess the progress made towards intermediate targets and update its transformation plan every 5 years at the latest.
Amendment 1167 #
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d – paragraph 3
Article 27 d – paragraph 3
3. The operator shall make its transformation plan, its updates as well as the results of the assessment referred to in paragraphs 1, 2 and 2b public, as part of the publication of its environmental management system.
Amendment 1168 #
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d – paragraph 3 a (new)
Article 27 d – paragraph 3 a (new)
3a. Member States shall ensure that the competent authorities perform adequate checks of transformation plans, taking into account sectors and operators with the highest potential for transformation. Where competent authority finds the transformation plan inadequate to achieve the objectives of this Directive, the operator shall be required to adopt an updated plan within three months.
Amendment 1181 #
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d – paragraph 4
Article 27 d – paragraph 4
4. The Commission shall by 30 June1 December 20285, adopt an implementing act establishing the format for the transformation plans. This implementing act shall be adopted in accordance with the examination procedure referred to in Article 75(2). delegated act accordance with Article 76 to supplement this Directive by establishing mandatory sector specific transformation indicators to be included and the format for the transformation plans.
Amendment 1190 #
Proposal for a directive
Article 1 – paragraph 1 – point 22 b (new)
Article 1 – paragraph 1 – point 22 b (new)
Directive 2010/75/EU
Article 30 – paragraph 3 a (new)
Article 30 – paragraph 3 a (new)
(22b) In Article 30, the following paragraph 3a is added: 3a. National competent authorities shall ensure that all permits for installations containing combustion plants using solid fuels require those installations to comply with the strictest emission limit values set out in the relevant BAT conclusions by 1 January 2030.
Amendment 1191 #
Proposal for a directive
Article 1 – paragraph 1 – point 22 b (new)
Article 1 – paragraph 1 – point 22 b (new)
Directive 2010/75/EU
Article 30 - paragraph 4
Article 30 - paragraph 4
(22b) In Article 30, paragraph 4 is replaced as follows: "4. The emission limit values set out in Parts 1 and 2 of Annex V as well as the minimum rates of desulphurisation set out in Part 5 of that Annex shall apply to the emissions of each common stack in relation to the total rated thermal input of the entire combustion plant. Where Annex V provides that emission limit values may be applied for a part of a combustion plant with a limited number of operating hours, those limit values shall apply to the emissions of that part of the plant, but shall be set in relation to the total rated thermal input of the entire combustion plant. " Or. en (32010L0075)
Amendment 1192 #
Proposal for a directive
Article 1 – paragraph 1 – point 22 b (new)
Article 1 – paragraph 1 – point 22 b (new)
Directive 2010/75/EU
Article 30 paragraph 5
Article 30 paragraph 5
(22b) In Article 30, paragraph 5 is amended as follows: "5. The competent authority may grant a derogation for a maximum of 6 months from the obligation to comply with the emission limit values provided for in paragraphs 2 and 3 for sulphur dioxide in respect of a combustion plant which to this end normally uses low-sulphur fuel, in cases where the operator is unable to comply with those limit values because of an interruption in the supply of low- sulphur fuel resulting from a serious shortage. Member States shall immediately inform the Commission of any derogation granted under the first subparagraph. and supply the Commission with the proof of the shortage and a detailed justification of why the derogation is needed." Or. en (32010L0075)
Amendment 1193 #
Proposal for a directive
Article 1 – paragraph 1 – point 22 b (new)
Article 1 – paragraph 1 – point 22 b (new)
Directive 2010/75/EU
Article 30 – paragraph 6 – subparagraph 3
Article 30 – paragraph 6 – subparagraph 3
Amendment 1194 #
Proposal for a directive
Article 1 – paragraph 1 – point 22 b (new)
Article 1 – paragraph 1 – point 22 b (new)
Directive 2010/75/EU
Article 30 – paragraph 9 – subparagraph 1 – point c
Article 30 – paragraph 9 – subparagraph 1 – point c
(22b) In Article 30, paragraph 9, subparagraph 1, point c is replaced as follows: "(c) combustion plants firing gases other than natural gas; fossil or biogenic gas;" Or. en (32010L0075)
Amendment 1203 #
Proposal for a directive
Article 1 – paragraph 1 – point 22 i (new)
Article 1 – paragraph 1 – point 22 i (new)
Directive 2010/75/EU
Article 40 – paragraph 2 – subparagraph 1 a (new)
Article 40 – paragraph 2 – subparagraph 1 a (new)
(22i) In Article 40(2), the following subparagraph 1a (new) is added: The competent authority shall ensure that all permits require those plants to fulfil the strictest possible emission limit values set out in the relevant BAT conclusions by 1 January 2030.
Amendment 1204 #
Proposal for a directive
Article 1 – paragraph 1 – point 22 i (new)
Article 1 – paragraph 1 – point 22 i (new)
Directive 2010/75/EU
Article 40 – paragraph 3 – subparagraph 1 a (new)
Article 40 – paragraph 3 – subparagraph 1 a (new)
(22i) In Article 40, paragraph 4, subparagraph 1 a (new) is added: The competent authority shall ensure that, by 1 January 2030, where an operator of an installation covered by the scope of the BAT conclusions for the refining of mineral oil and gas has made use or is allowed to operate by relying on integrated emission management (“bubble approach”), a correction factor of “0.2” is applied and the maximum allowable total emission mass value reduced accordingly and the minimal sulphur recovery efficiency is not lower than 99,5%.
Amendment 1206 #
Proposal for a directive
Article 1 – paragraph 1 – point 23 a (new)
Article 1 – paragraph 1 – point 23 a (new)
Directive 2010/75/EU
Article 42 – paragraph 2 a (new)
Article 42 – paragraph 2 a (new)
(23a) In Article 42, paragraph 2a (new) is added: 2a. Plants referred to in paragraph 2 (b) shall report to the competent authorities data on total waste incinerated, including quantities and characteristics of hazardous waste referred to in Article 45, paragraph 2, point (b), emissions into air and water, pH, temperature and flow of waste water discharges.
Amendment 1210 #
Proposal for a directive
Article 1 – paragraph 1 – point 23 b (new)
Article 1 – paragraph 1 – point 23 b (new)
Directive 2010/75/EU
Article 44 – paragraph 1 – point d a (new)
Article 44 – paragraph 1 – point d a (new)
(23b) In Article 44, paragraph 1, point d a (new) is added: (da) material that can be recycled will be removed and recovered prior to incineration through a mixed municipal waste sorting system if the incineration plant was built after 1 January 2012.
Amendment 1213 #
Proposal for a directive
Article 1 – paragraph 1 – point 23 c (new)
Article 1 – paragraph 1 – point 23 c (new)
Directive 2010/75/EU
Article 50 – paragraph 2 a (new)
Article 50 – paragraph 2 a (new)
Amendment 1215 #
Proposal for a directive
Article 1 – paragraph 1 – point 23 d (new)
Article 1 – paragraph 1 – point 23 d (new)
Directive 2010/75/EU
Article 50 – paragraph 7
Article 50 – paragraph 7
(23d) in Article 50, paragraph 7 is replaced by the following: "7. Member States shall ensure that the waste incineration plant or waste co- incineration plant is operated and controlled by a natural person who is competent to manage the plant. Member states may adopt national legislation on training or certification of these persons. Or. en (32010L0075)
Amendment 1218 #
Proposal for a directive
Article 1 – paragraph 1 – point 23 e (new)
Article 1 – paragraph 1 – point 23 e (new)
Directive 2010/75/EU
Article 55 – paragraph 2
Article 55 – paragraph 2
(23e) In Article 55, paragraph 2 is replaced by the following: 2. For waste incineration plants or waste co-incineration plants with a nominal capacity of 2 tonnes or more per hour, the report referred to in Article 72 shall include information on the functioning and monitoring of the plant and give account of the running of the incineration or co- incineration process and the level of emissions into air and water in comparison with the emission limit values. This should include emissions data given in gross values and original laboratory analysis reports. That information shall be made available to the public. Or. en (32010L0075)
Amendment 1219 #
Proposal for a directive
Article 1 – paragraph 1 – point 23 f (new)
Article 1 – paragraph 1 – point 23 f (new)
Directive 2010/75/EU
Article 58 – paragraph 1
Article 58 – paragraph 1
(23f) In Article 58, paragraph 1 is replaced as follows Substances or mixtures which, because of their content of volatile organic compounds classified as carcinogens, mutagens, or toxic to reproduction under Regulation (EC) No 1272/2008, are assigned or need to carry the hazard statements H340, H350, H350i, H360D or H360F, or which are classified as persistent, bio accumulative and toxic or endocrine disrupting according to Regulation 1272/2008 shall be replaced, as far as possible by less harmful substances or mixtures within the shortest possible time. Or. en (32010L0075)
Amendment 1220 #
Proposal for a directive
Article 1 – paragraph 1 – point 23 g (new)
Article 1 – paragraph 1 – point 23 g (new)
Directive 2010/75/EU
Article 59 – paragraph 2
Article 59 – paragraph 2
(23g) In Article 59, paragraph 2 is replaced as follows: 2. By way of derogation from paragraph 1(a), where the operator demonstrates to the competent authority that for an individual installation the emission limit value for fugitive emissions is, in accordance with Annex II, not technically and economically feasible, the competent authority may allow emissions to exceed that emission limit value provided that significant risks to human health or the environment are not to be expected and that the operator demonstrates to the competent authority that the best available techniques are being used. (This amendment shall also apply to paragraph 3) Or. en (32010L0075)
Amendment 1221 #
Proposal for a directive
Article 1 – paragraph 1 – point 23 h (new)
Article 1 – paragraph 1 – point 23 h (new)
Directive 2010/75/EU
Article 62 – paragraph 1 – introductory part
Article 62 – paragraph 1 – introductory part
(23h) In Article 62, paragraph 1, introductory part is replaced as follows: "The operator shall supply the competent authority, on requestat least annually, with data enabling the competent authority to verify compliance with either of the following: " Or. en (32010L0075)
Amendment 1222 #
Proposal for a directive
Article 1 – paragraph 1 – point 23 i (new)
Article 1 – paragraph 1 – point 23 i (new)
Directive 2010/75/EU
Article 63 – paragraph 2
Article 63 – paragraph 2
(23i) In Article 63, paragraph 2 is replaced as follows: "2. Where an existing installation undergoes a substantial change, or falls within the scope of this Directive for the first time following a substantial change, that part of the installation which undergoes the substantial change shall be treated either as a new installation or as an existing installation, provided that the total emissions of the whole installation do not exceed those that would have resulted had the substantially changed part been treated as a new installation. ." Or. en (32010L0075)
Amendment 1223 #
Proposal for a directive
Article 1 – paragraph 1 – point 23 j (new)
Article 1 – paragraph 1 – point 23 j (new)
Directive 2010/75/EU
Article 64 – subparagraph 2 – point (d a) new
Article 64 – subparagraph 2 – point (d a) new
(23j) In Article 64, subparagraph 2, point d a (new) is added: (da) the barriers to recycling and reuse of organic solvents and ways to remove these barriers.
Amendment 1224 #
Proposal for a directive
Article 1 – paragraph 1 – point 23 k (new)
Article 1 – paragraph 1 – point 23 k (new)
Directive 2010/75/EU
Article 70 – paragraph 3
Article 70 – paragraph 3
(23k) In Article 70, the third paragraph is amended as follows: 3. Monitoring shall be carried out in accordance with CEN standards or, if CEN standards are not available, ISO, national or other international standards which ensure the provision of data of an equivalent scientific quality. This applies also to the quality assurance system of the laboratory performing the monitoring. Or. en (32010L0075)
Amendment 1225 #
Proposal for a directive
Article 1 – paragraph 1 – point 23 i (new)
Article 1 – paragraph 1 – point 23 i (new)
Directive 2010/75/EU
Article 70 – paragraph 3
Article 70 – paragraph 3
(23i) In Article 70, the third paragraph is amended as follows: "3. Monitoring shall be carried out in accordance with CEN standards or, if CEN standards are not available, ISO, national or other international standards which ensure the provision of data of an equivalent scientific quality. This applies also to the quality assurance system of the laboratory performing the monitoring. " Or. en (32010L0075)
Amendment 1226 #
Proposal for a directive
Article 1 – paragraph 1 – point 23 j (new)
Article 1 – paragraph 1 – point 23 j (new)
Directive 2010/75/EU
Article 50 – paragraph 7
Article 50 – paragraph 7
(23j) in Article 50, paragraph 7 is replaced by the following: "7. Member States shall ensure that the waste incineration plant or waste co- incineration plant is operated and controlled by a natural person who is competent to manage the plant. Member states may adopt national legislation on training or certification of these persons." Or. en (32010L0075)
Amendment 1227 #
Proposal for a directive
Article 1 – paragraph 1 – point 23 k (new)
Article 1 – paragraph 1 – point 23 k (new)
Directive 2010/75/EU
Article 42 – paragraph 2 a (new)
Article 42 – paragraph 2 a (new)
(23k) In Article 42, paragraph 2a (new) is added: “2a. Plants referred to in paragraph 2 (b) shall report to the competent authorities data on total waste incinerated, including quantities and characteristics of hazardous waste referred to in Article 45, paragraph 2, point (b), emissions into air and water, pH, temperature and flow of waste water discharges.”.
Amendment 1268 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70b – paragraph 1
Article 70b – paragraph 1
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. Member States shall ensure that this rule is not used to circumvent the obligations set out in this directive.
Amendment 1278 #
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
Article 70c – paragraph 1– subparagraph 3
Member States shall specify the procedure for granting a permit in respect of installations falling within the scope of this Chapter. Those procedures shall include at least the information listed in Articles 11 and 12 and in paragraph 2.
Amendment 1284 #
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 – introductory part
Article 70c – paragraph 2 – subparagraph 1 – introductory part
2. Without prejudice to Articles 11 and 12, Applications for permits shall include at least a description of the following elements:
Amendment 1286 #
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 b
Article 70c – paragraph 2 – subparagraph 1 – point b
(b) the animal type, stocking density, and information on animal welfare;
Amendment 1290 #
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 d
Article 70c – paragraph 2 – subparagraph 1 – point d
Amendment 1293 #
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
Article 70c – paragraph 2 – subparagraph 1 – point e
Amendment 1297 #
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 number of days animals spend outside the stable
Amendment 1299 #
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 b (new)
Article 70c – paragraph 2 – subparagraph 1– point e b (new)
(eb) the percentage of feed produced on the farm or on neighbouring farms;
Amendment 1305 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70c – paragraph 3
Article 70c – paragraph 3
Amendment 1310 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70c – paragraph 3a (new)
Article 70c – paragraph 3a (new)
3a. Where, taking into account seasonal fluctuations of the environment as well as extreme weather events such as, but not limited to, drought, heat waves or low river levels, an environmental quality standard, in particular as defined in the Nitrates Directive and including areas in need of specific protection, may be put at risk and therefore requires stricter conditions than those achievable by the use of the best available techniques, additional measures shall be included in the permit, with a view to preventing the specific contribution of the installation to the pollution occurring in the relevant area.
Amendment 1312 #
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 but in any case no later than six months before implementation, of any planned substantial change to the installations falling within the scope of this Chapter which may have consequences for the environment. Where appropriate, the competent authority shall reconsider and update the permit.
Amendment 1314 #
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)
Amendment 1327 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70d – paragraph 2
Article 70d – paragraph 2
2. In the event of non-compliance with the emission limit values and environmental performance limit values set out in the operating rules referred to in Article 70i, Member States shall require that the operator immediately takes the measures necessary to ensure that compliance is restored within the shortest possible time.
Amendment 1338 #
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 requestat least annually. The competent authority mayshall 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 requestan extraordinary request for data and information if a member of the public requests access to the data or information listed in paragraph 2 of this Article.
Amendment 1340 #
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 either environmental inspections or other measures, to check compliance with the requirements set out in this Chapter.
Amendment 1341 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70f – paragraph 2a (new)
Article 70f – paragraph 2a (new)
Amendment 1350 #
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 2
Article 70f – paragraph 3 – subparagraph 2
Where non-compliance causes a significant degradation of local air, water or soil conditions, or where it poses, or risks to pose, a significant danger to human health, the operation of the installation shall be suspended by the competent authority until compliance is restored.
Amendment 1351 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70g – paragraph 1 – introductory part
Article 70g – paragraph 1 – introductory part
1. Member States shall ensure that the public concerned are given early and effective opportunities to participate, in accordance with the procedure set out in Annex IV, in the following procedures:
Amendment 1362 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70g – paragraph 1 – point c
Article 70g – paragraph 1 – point c
(c) the reconsideration or granting of an updated permit in accordance with article 70c.4 for any substantial change to an existing installation falling within the scope of this Chapter.
Amendment 1371 #
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 da (new)
Article 70g – paragraph 2 – point da (new)
(da) the results of emission monitoring as required under the permit conditions and held by the competent authority in a database, in a form allowing for downloads of query-based datasets
Amendment 1382 #
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. What constitutes a sufficient interest and impairment of a right shall be determined by Member States, consistently with the objective of giving the public concerned wide access to justice. To this end, the interest of any non- governmental organisation promoting the protection of human health or the environment and meeting any requirements under national law shall be deemed sufficient for the purpose of paragraph 1 subparagraph 1 point (a) of this Article. Such organisations shall also be deemed to have rights capable of being impaired for the purpose of paragraph 1 subparagraph 1 point (b) of this Article.
Amendment 1390 #
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 but not be limited to, the following:
Amendment 1395 #
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 ca (new)
Article 70i – paragraph 1 – subparagraph 1 – point ca (new)
(ca) feeding practices
Amendment 1397 #
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) measures ensuring animal welfare;
Amendment 1398 #
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) appropriate requirements ensuring protection of the soil, groundwater and surface water, and measures concerning the prevention, monitoring and management of waste, including animal by-products, generated by the installation;
Amendment 1399 #
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) suitable monitoring requirements for the consumption and reuse of resources such as energy, water and materials;
Amendment 1403 #
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 and the specificities of. They shall guarantee that animal welfare and biodiversity of pasture land are improved, and that the precautionary principle is fully respected, including in relation to animal feed techniques. Distinct operating rules shall apply to extensive pasture based cattle rearing systems, where animals are only seasonally or not at all reared in indoor installations. The operating rules shall be guided by the best available agro- ecological science.
Amendment 1415 #
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 2a (new)
Article 70i – paragraph 1 – subparagraph 2a (new)
In order to draw up, review and, where necessary, update those operating rules, the Commission shall organise an exchange of information between Member States, the industries concerned, researchers on sustainable agriculture, non-governmental organisations promoting the protection of human health, animal welfare or the environment, the European Environment Agency and the Commission.
Amendment 1419 #
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 3a (new)
Article 70i – paragraph 1 – subparagraph 3a (new)
The Commission shall review and, where necessary, update the operating rules every six years.
Amendment 1427 #
Proposal for a directive
Article 1 – paragraph 1 – point 25 a (new)
Article 1 – paragraph 1 – point 25 a (new)
Directive 2010/75/EU
Article 70ia (new)
Article 70ia (new)
Amendment 1496 #
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 person 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 direct and indirect economic benefits derived from that violation. The level of the fines shall be gradually increased for repeated infringements. In the case of a violation committed by a legal person, the maxinimum amount of such fines shall be at least 8 %20,000 EUR or at least 10%, whichever the higher, of the operator’s annual global turnover in the Member State concernpreceding business year. These penalties shall be calculated and applied independently from any remedial payments for environmental or other damage. The calculation of the turnover of the legal person shall include the turnover of all entities belonging to the same legal person irrespective of where those entities are established.
Amendment 1512 #
Proposal for a directive
Article 1 – paragraph 1 – point 31
Article 1 – paragraph 1 – point 31
Directive 2010/75/EU
Article 79 – paragraph 3 – point c
Article 79 – paragraph 3 – point c
(c) the population or the environment directly and indirectly affected by the violation, or potentially affected by the violation if it was not stopped in due time, bearing in mind the impact of the infringement on the objective of achieving a high level of protection of human health and the environment..
Amendment 1516 #
Proposal for a directive
Article 1 – paragraph 1 – point 31
Article 1 – paragraph 1 – point 31
Directive 2010/75/EU
Article 79 – paragraph 3 – point c a (new)
Article 79 – paragraph 3 – point c a (new)
(ca) the irreversibility of the environmental damage or the duration that is required to remediate it and the amplitude of the actions that need to be taken to remediate the environmental damage;
Amendment 1520 #
Proposal for a directive
Article 1 – paragraph 1 – point 31
Article 1 – paragraph 1 – point 31
Directive 2010/75/EU
Article 79 – paragraph 3 – point c b (new)
Article 79 – paragraph 3 – point c b (new)
(cb) the manner in which the violation became known to the competent authority, in particular whether, and if so, to what extent, and how much time after the occurrence of the violation, the operator informed the competent authorities of the violation;
Amendment 1523 #
Proposal for a directive
Article 1 – paragraph 1 – point 31
Article 1 – paragraph 1 – point 31
Directive 2010/75/EU
Article 79 – paragraph 3 – point c c (new)
Article 79 – paragraph 3 – point c c (new)
(cc) any relevant previous violations by the operator;
Amendment 1525 #
Proposal for a directive
Article 1 – paragraph 1 – point 31
Article 1 – paragraph 1 – point 31
Directive 2010/75/EU
Article 79 – paragraph 3 – point c d (new)
Article 79 – paragraph 3 – point c d (new)
(cd) any penalties previously received by the operator for the same violation;
Amendment 1526 #
Proposal for a directive
Article 1 – paragraph 1 – point 31
Article 1 – paragraph 1 – point 31
Directive 2010/75/EU
Article 79 – paragraph 3 – point c e (new)
Article 79 – paragraph 3 – point c e (new)
(ce) any direct or indirect financial benefits gained, or direct or indirect losses avoided, from the violation by the operator;
Amendment 1529 #
Proposal for a directive
Article 1 – paragraph 1 – point 31
Article 1 – paragraph 1 – point 31
Directive 2010/75/EU
Article 79 – paragraph 3 – point c f (new)
Article 79 – paragraph 3 – point c f (new)
(cf) any other aggravating or mitigating factors applicable to the circumstances of the case.
Amendment 1531 #
Proposal for a directive
Article 1 – paragraph 1 – point 31
Article 1 – paragraph 1 – point 31
Directive 2010/75/EU
Article 79 – paragraph 3a (new)
Article 79 – paragraph 3a (new)
3a. Member States shall ensure publication on a publicly available, free of charge, national website of the names of operators who are in breach of the national provisions implementing this Directive and of the penalties imposed.
Amendment 1538 #
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 of a violation of national measures that were adopted pursuant to this Directive, or any other requirements deriving from 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, where the decision, act or omission of the authority caused or contributed to the damage.
Amendment 1546 #
Proposal for a directive
Article 1 – paragraph 1 – point 32
Article 1 – paragraph 1 – point 32
Directive 2010/75/EU
Article 79a – paragraph 3
Article 79a – paragraph 3
3. Member States shall ensure that national rules and procedures relating to claims for compensation, including as concerns the burden of proof, are designed and applied in such a way that they do not render impossible or excessively difficult the exercise of the right to compensation for damage caused by a violation pursuant to paragraph 1. National rules and procedures relating to actions for damages resulting from infringements of this Directive shall not be less favourable to the alleged injured parties than those governing similar actions for damages resulting from infringements of national law.
Amendment 1555 #
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 aprima facie evidence reasonably demonstrating that the damage can be associated with the violation, the causality link mayshall be presumed between the damage and the violation., Member States shall ensure that the onus is on the person responsible for the violation toshall have the right to rebut the presumption, by proveing that the violation did not cause or contribute to the damage.
Amendment 1559 #
Proposal for a directive
Article 1 – paragraph 1 – point 32
Article 1 – paragraph 1 – point 32
Directive 2010/75/EU
Article 79a – paragraph 4a (new)
Article 79a – paragraph 4a (new)
4a. It shall be presumed that where emission limit values for pollutants specified in the permit conditions are exceeded, the resulting pollution becomes harmful to the health and well-being of those exposed to it, and it materially contributes to the induction and exacerbations of health effects where there are reliable epidemiological studies that this pollutant can be associated with this health damage. Member States shall ensure that the person responsible for the violation shall have the right to rebut that presumption, by proving that the exceedance of emission limit values had no material contribution to causing the actual damage.
Amendment 1562 #
Proposal for a directive
Article 1 – paragraph 1 – point 32
Article 1 – paragraph 1 – point 32
Directive 2010/75/EU
Article 79a – paragraph 4b (new)
Article 79a – paragraph 4b (new)
4b. Member States shall ensure that, where the claimant has provided reasonably available evidence to support a claim for compensation in accordance with paragraph 1, and has indicated that additional evidence lies in the control of the defendant or a third party, if requested by claimant, the court or administrative authority is able to order that such evidence be disclosed by the defendant or the third party in accordance with national procedural law, subject to the applicable Union and national rules on confidentiality and proportionality.
Amendment 1565 #
Proposal for a directive
Article 1 – paragraph 1 – point 32
Article 1 – paragraph 1 – point 32
Directive 2010/75/EU
Article 79a – paragraph 4c (new)
Article 79a – paragraph 4c (new)
4c. The violation of this Directive by the defendant shall be presumed when the defendant has failed to comply with an obligation to disclose for the assessment of the violation relevant evidence at its disposal pursuant to this Article’s paragraph 4b. Member States shall ensure that the person responsible for the violation shall have the right to rebut the presumption.
Amendment 1566 #
Proposal for a directive
Article 1 – paragraph 1 – point 32
Article 1 – paragraph 1 – point 32
Directive 2010/75/EU
Article 79a – paragraph 4d (new)
Article 79a – paragraph 4d (new)
4d. For the quantification of harm, Member States shall ensure that the national courts are empowered, in accordance with national procedures, to estimate the amount of harm, if it is established that a claimant suffered harm but it is practically impossible or excessively difficult precisely to quantify the harm attributed to the breach on the basis of the evidence available.
Amendment 1568 #
Proposal for a directive
Article 1 – paragraph 1 – point 32
Article 1 – paragraph 1 – point 32
Directive 2010/75/EU
Article 79a – paragraph 5
Article 79a – paragraph 5
5. Member States shall ensure that the limitation periods for bringing actions for compensation referred to in paragraph 1 are not shorter than 510 years. Such periods shall not begin to run before the violation has ceased and the person claiming the compensation knows or can reasonably be expected to know that he or she suffered damage from a violation pursuant to paragraph 1. Where there are new scientific data, supporting for the first time a presumption for a causality link between a violation of the requirements of this Directive and the damage, the limitation period shall not begin before the release of this relevant scientific data.
Amendment 1572 #
Proposal for a directive
Article 1 – paragraph 1 – point 32
Article 1 – paragraph 1 – point 32
Directive 2010/75/EU
Article 79a – paragraph 5a (new)
Article 79a – paragraph 5a (new)
5a. The operator shall be liable for the damage caused by its subcontractors, which caused the violation of the permit that led to the harmful event that caused damages. A subcontractor shall be liable for the damage caused only where it has not complied with the obligations of this Directive directly applicable to its activity or where it has acted outside or contrary to lawful instructions of the operator.
Amendment 1591 #
Proposal for a directive
Annex I – paragraph 1 – point -a (new)
Annex I – paragraph 1 – point -a (new)
Directive 2010/75/EU
Annex I – paragraph 3 – subparagraph 1 – point 1.2 a (new)
Annex I – paragraph 3 – subparagraph 1 – point 1.2 a (new)
(-a) In Annex I, paragraph 3, point 1.2 a (new) is inserted: 1.2a Onshore oil and fossil gas upstream exploration and production, fossil gas gathering and processing
Amendment 1592 #
Proposal for a directive
Annex I – paragraph 1 – point -a a (new)
Annex I – paragraph 1 – point -a a (new)
Directive 2010/75/EU
Annex I – paragraph 3 – subparagraph 1 – point 1.2 a a (new)
Annex I – paragraph 3 – subparagraph 1 – point 1.2 a a (new)
(-a a) In Annex I, paragraph 3, point 1.2 a a (new) is inserted: 1.2b Offshore oil and fossil gas upstream exploration and production
Amendment 1615 #
Proposal for a directive
Annex I – paragraph 1 – point c
Annex I – paragraph 1 – point c
Directive 2010/75/EU
Annex I – paragraph 3 – subparagraph 2 – point 2.7
Annex I – paragraph 3 – subparagraph 2 – point 2.7
2.7. Manufacture of lithium-ion batteries (including assembling battery cells and battery packs), with a production capacity of 3,51 GWh or more per year;
Amendment 1626 #
Proposal for a directive
Annex I – paragraph 1 – point e
Annex I – paragraph 1 – point e
Directive 2010/75/EU
Annex I – paragraph 3 – subparagraph 3 – point 3.6 – point a
Annex I – paragraph 3 – subparagraph 3 – point 3.6 – point a
(a) industrial minerals, including barite, bentonite, chalk, diatomite, feldspar, fluorspar, graphite, gypsum, kaolin, lime, magnesite, perlite, potash, salt, sulphur and talc;
Amendment 1630 #
Proposal for a directive
Annex I – paragraph 1 – point e
Annex I – paragraph 1 – point e
(ba) aggregate minerals, including clay, gravel, sand and stone
Amendment 1631 #
Proposal for a directive
Annex I – paragraph 1 – point e a (new)
Annex I – paragraph 1 – point e a (new)
Directive 2010/75/EU
Annex I – paragraph 3 – subparagraph 3 – point 3.6 a (new)
Annex I – paragraph 3 – subparagraph 3 – point 3.6 a (new)
(ea) In Annex I, paragraph 3, subparagraph 3, point 3.6a (new) is inserted: 3.6 Coal and lignite mining
Amendment 1640 #
Proposal for a directive
Annex I – paragraph 1 – point j
Annex I – paragraph 1 – point j
Directive 2010/75/EU
Annex I – paragraph 3 – subparagraph 6 – point 6.6
Annex I – paragraph 3 – subparagraph 6 – point 6.6
Amendment 1643 #
Proposal for a directive
Annex I – paragraph 1 – point j a (new)
Annex I – paragraph 1 – point j a (new)
Directive 2010/75/EU
Annex I – paragraph 3 – subparagraph 6 – point 6.6 – point c a (new)
Annex I – paragraph 3 – subparagraph 6 – point 6.6 – point c a (new)
(ja) In Annex I, paragraph 3, subparagraph 6, point 6.6 c a (new) is added: ca. Rearing of any mix of the following animals: cattle, pigs, poultry, in installations of 600 LSU or more.
Amendment 1644 #
Proposal for a directive
Annex I – paragraph 1 – point j b (new)
Annex I – paragraph 1 – point j b (new)
Directive 2010/75/EU
Annex I – paragraph 3 – subparagraph 6 – point 6.6 – point c b (new)
Annex I – paragraph 3 – subparagraph 6 – point 6.6 – point c b (new)
(jb) In Annex I, paragraph 3, subparagraph 6, point 6.6, point c b (new) is added cb. Aquaculture with a production capacity of 1000 tonnes of fish or shellfish per year or more.
Amendment 1646 #
Proposal for a directive
Annex I – paragraph 1 – point j c (new)
Annex I – paragraph 1 – point j c (new)
Directive 2010/75/EU
Annex I – paragraph 3 – subparagraph 6 – point 6.7
Annex I – paragraph 3 – subparagraph 6 – point 6.7
(j c) In Annex I, paragraph 3, subparagraph 6, point 6.7 is replaced as follows: "6.7. Surface treatment of substances, objects or products using organic solvents, in particular for dressing, printing, coating, degreasing, waterproofing, sizing, painting, cleaning or impregnating, with an organic solvent consumption capacity of more than 150 kg per hour or more than 20075 tonnes per year " Or. en (32010L0075)
Amendment 1673 #
Proposal for a directive
Annex II
Annex II
Directive 2010/75/EU
Annex Ia – paragraph 1
Annex Ia – paragraph 1
1. Rearing of cattle, pigs or poultry in installations of 1500 livestock units (LSU) or more.
Amendment 1691 #
Proposal for a directive
Annex II
Annex II
Directive 2010/75/EU
Annex Ia – paragraph 2
Annex Ia – paragraph 2
Rearing of any mix of the following animals: cattle, pigs, poultry, in installations of 1500 LSU or more.
Amendment 1697 #
Proposal for a directive
Annex II
Annex II
Directive 2010/75/EU
Annex Ia – paragraph 2a (new)
Annex Ia – paragraph 2a (new)
2a. Aquaculture with a production capacity of 100 tonnes of fish or shellfish per year or more.
Amendment 1711 #
Proposal for a directive
Annex III
Annex III
Directive 2010/75/EU
Annex II – paragraph 1 – subparagraph 1 – point 1.5
Annex II – paragraph 1 – subparagraph 1 – point 1.5
1.5. Costs evaluated by the operator shall be assessed by the competent authority, based on information from other sources such as technology providers, peer-reviewed research, non- governmental organisations promoting the protection of human health or the environment, expert judgements orand data from other plants where best available techniques were recently installed.
Amendment 1715 #
Proposal for a directive
Annex III
Annex III
Directive 2010/75/EU
Annex II – paragraph 1 – subparagraph 2 – point 2.2
Annex II – paragraph 1 – subparagraph 2 – point 2.2
2.2. The evaluation of environmental benefits shall be quantitative (in monetary terms) and supported by a qualitative assessment. Established pollutant damage costs shall be used where available. When quantifying the environmental benefits, the use of the European Environmental Agency’s Value for Statistical Life (VSL) method, adapted to the US Environmental Protection Agency price levels, shall be required.
Amendment 1718 #
Proposal for a directive
Annex III
Annex III
Directive 2010/75/EU
Annex II – paragraph 1 – subparagraph 2 – point 2.5
Annex II – paragraph 1 – subparagraph 2 – point 2.5
2.5. Environmental benefits evaluated by the operator shall be assessed by the competent authority, based on expert judgement orby, among others, non- governmental organisations promoting the protection of human health or the environment and data from other plants where the best available techniques were recently installed.
Amendment 1723 #
Proposal for a directive
Annex III
Annex III
Directive 2010/75/EU
Annex II – paragraph 1 – subparagraph 3 – point 3.2 – point b
Annex II – paragraph 1 – subparagraph 3 – point 3.2 – point b
(b) a specification of the margindisproportionality factor by which the costs should exceed the environmental benefits. which shall not be lower than a cost to benefit factor of 3:1 over the full duration of the operational lifetime of the installation concerned, including expected remediation costs pursuant to Article 22(3).
Amendment 1725 #
Proposal for a directive
Annex III a (new)
Annex III a (new)
Directive 2010/75/EU
Annex III – point 2
Annex III – point 2
In Annex III, point 2 is replaced as follows: 2. the uphase of less hazardous substances; ut of production and substitution in use of hazardous and other substances of concern, including reducing the use of and risks associated with pesticides; Or. en (32010L0075)
Amendment 1728 #
Proposal for a directive
Annex III c (new)
Annex III c (new)
Directive 2010/75/EU
Annex III – point 9
Annex III – point 9
Amendment 1729 #
Proposal for a directive
Annex III b (new)
Annex III b (new)
Directive 2010/75/EU
Annex III – point 9c (new)
Annex III – point 9c (new)
In Annex III, the following points are added: 9a. the sustainable management of natural resources; 9aa. the need to protect and restore biodiversity, ecosystems, habitats and soil health; 9ab. climate change mitigation, climate change adaptation and the need to prevent the destruction or degradation of carbon sinks; 9ac. the need to protect human health, environmental health and animal welfare where relevant, in line with the One Health approach
Amendment 1734 #
Proposal for a directive
Annex III c (new)
Annex III c (new)
Directive 2010/75/EU
Annex IV – paragraph 1 – introductory part
Annex IV – paragraph 1 – introductory part
Amendment 1739 #
Proposal for a directive
Annex III d (new)
Annex III d (new)
Directive 2010/75/EU
Annex IV – paragraph 5
Annex IV – paragraph 5
Amendment 1744 #
Proposal for a directive
Annex III f (new)
Annex III f (new)
Directive 2010/75/EU
Annex V – Part 3 – paragraph 8 – subparagraph 3
Annex V – Part 3 – paragraph 8 – subparagraph 3
In Annex V, part 3, paragraph 8, subparagraph 3 is replaced as follows: The operator shall inform the competent authority about the results of the checking of the automated measuring systems. within a period of three months. Or. en (32010L0075)
Amendment 1745 #
Proposal for a directive
Annex III g (new)
Annex III g (new)
Directive 2010/75/EU
Annex V – Part 3 – paragraph 10 – subparagraph 2
Annex V – Part 3 – paragraph 10 – subparagraph 2
In Annex V, Part 3, paragraph 10, subparagraph 2 is replaced as follows: Any day in which more than three hourly average values are invalid due to malfunction or maintenance of the automated measuring system shall be invalidated. If more than 10 days over a year are invalidated for such situations the competent authority shall require the operator to take adequate measures to improve the reliability of the automated measuring system within a period of three months. Or. en (32010L0075)
Amendment 1747 #
Proposal for a directive
Annex III i (new)
Annex III i (new)
Directive 2010/75/EU
Annex VI – Part 6 – point 1.2
Annex VI – Part 6 – point 1.2
In Annex VI, part 6, point 1.2 is replaced as follows: 1.2. Sampling and analysis of all polluting substances including dioxins and furans as well as the quality assurance of laboratories and of automated measuring systems and the reference measurement methods to calibrate them latter shall be carried out according to CEN-standards. If CEN standards are not available, ISO, national or other international standards which ensure the provision of data of an equivalent scientific quality shall apply. Automated measuring systems shall be subject to control by means of parallel measurements with the reference methods at least once per year. Or. en (32010L0075)
Amendment 1748 #
Proposal for a directive
Annex III i (new)
Annex III i (new)
Directive 2010/75/EU
Annex VI – part 6 – point 2.1 – point c a (new)
Annex VI – part 6 – point 2.1 – point c a (new)
In Annex VI, Part 6, point 2.1, point c a (new) is added: (ca) any other measurement that the competent authority deems necessary for ensuring health of citizens and the environment
Amendment 1749 #
Proposal for a directive
Annex III i (new)
Annex III i (new)
Directive 2010/75/EU
Annex VI – part 6 – point 2.2
Annex VI – part 6 – point 2.2
In Annex VI, part 6, point 2.2 is replaced as follows: 2.2. The residence time as well as the minimum temperature and the oxygen content of the waste gases shall be subject to appropriate verification, at least once when the waste incineration plant or waste co-incineration plant is brought into service and under the most unfavourable operating conditions anticipated. Three separate test runs for measurement of the relevant parameters and polluting substances shall be performed. Or. en (32010L0075)
Amendment 1751 #
Proposal for a directive
Annex III j (new)
Annex III j (new)
Directive 2010/75/EU
Annex VII – part 1 – paragraph 12
Annex VII – part 1 – paragraph 12