Activities of Jutta PAULUS related to 2022/0105(COD)
Shadow reports (1)
REPORT on the 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
Amendments (72)
Amendment 30 #
Proposal for a regulation
Recital 10
Recital 10
(10) The reporting requirements should apply at ‘installation level’ in order to implement synergies between the Portal and databases on environmental pressures from industrial installations, including those covered by Directive 2010/75/EU, and to ensure coherence with, and support to, the implementation of that Directive. Article 4(2) of Directive 2010/75/EU allows Member States to cover two or more installations or parts of installations operated by the same operator on the same site with the same permit, only provided that the permit contains conditions to ensure that each installation complies with the requirements of that Directive. Hence, even in those cases, operators have to produce and report data at installation level.
Amendment 33 #
Proposal for a regulation
Recital 12
Recital 12
(12) In order to monitor the environmental performance of industrial installations, the data to be included in the Portal should cover, above quantitative thresholds, releases to the environment of certain pollutants, off-site transfers of waste water containing these pollutants and off-site transfers of waste.
Amendment 37 #
Proposal for a regulation
Recital 13
Recital 13
(13) The Portal should also include data on the use of water, energy andfresh and waste water, primary and waste energy and primary and secondary raw materials by the concerned installations to allow monitoring of progress towards a circular, highly resource-efficient economy
Amendment 41 #
Proposal for a regulation
Recital 15
Recital 15
(15) Operators of installations should also report information, where applicable expressed in the same format as in the permits and BAT conclusions, concerning the production volume, number of employees and operating hours of the concerned installation as well as information on accidents thatand near-misses that have led and could have led to releases, in order to enable the contextualisation of reported data on pollutant releases and off-site transfers of waste and waste water and to allow to draw comparisons, benchmark installations and track progress.
Amendment 46 #
Proposal for a regulation
Recital 16
Recital 16
(16) The overall benefit of the Portal for access to environmental information concerning industrial installations should be maximised by publishing information within short delays, incorporating permitting and compliance information produced under Directive 2010/75/EU, providing information on the level of ambition of the permits compared to the BAT conclusions under that Directive, displaying information expressed in the same format as in the permits and BAT conclusions under that Directive, and by including links to other information flows that stem from Union environmental legislation on climate change, air, water and land protection and on waste management, including reporting under Directive 2012/18/EU of the European Parliament and of the Council41 ,and Directive 2008/98/EC of the European Parliament and of the Council42 and Directive 2010/75/EU. Moreover, in order to maximise the Portal’s value to users, it should be designed to facilitate future integration with other relevant environmental data flows. _________________ 41 Directive 2012/18/EU of the European Parliament and of the Council of 4 July 2012 on the control of major-accident hazards involving dangerous substances, amending and subsequently repealing Council Directive 96/82/EC (OJ L 197, 24.7.2012, p. 1). 42 Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3).
Amendment 50 #
Proposal for a regulation
Recital 17
Recital 17
(17) For the purpose of legal certainty, oOperators of installations should be required to enter a nil return whenreport releases and off-site transfers of waste and of waste water from their installations are below reporting thresholdeven when such releases are minimal. This will help identify progress and best practices and steer industries towards zero pollution levels. This aligns with the ambition to build a Union's knowledge system driving the zero pollution ambition towards 2050. Finally, this makes reporting simpler than if there were reporting thresholds, as thresholds would need to be checked by operators and their respect would need to be verified by the competent authorities.
Amendment 55 #
Proposal for a regulation
Recital 20
Recital 20
(20) In order to ensure uniform conditions for the implementation of the provisions of this Regulation regarding reporting by operators and Member States, implementing powers should be conferred on the Commission to establish the type and format of information to be provided and the reporting deadlines. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council43 . _________________ 43 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 Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
Amendment 57 #
Proposal for a regulation
Recital 21
Recital 21
(21) Given the importance for the Union citizens of quick access to environmental information, it is essential that operators, Member States and the Commission make data publicly available as fast as technically feasible. To that end, whereas the precise reporting deadline is to be established in an implementoperators, or the Member States on their behalf, should report the data to the Commission using an electronic input form, at least annually, and, with respect to monitoring data, the should report with the same frequency required in case of periodic monitoring, act, it should be no later nd, where continuous monitoring is required, they should report data at least on a monthly basis. The Commission should publish the received data withain 11 months after the end of the reporting yearit has been inserted in the Portal by the operators or the Member States on their behalf.
Amendment 61 #
Proposal for a regulation
Recital 23
Recital 23
(23) Data reported by the operators and Member States should be of high quality in particular as regards their accuracy, completeness, consistency and credibility. Competent authorities should therefore assess the quality of the data provided by operators.
Amendment 62 #
Proposal for a regulation
Recital 24
Recital 24
(24) Public access to environmental information reported by Member States should be unrestricted and exceptions from this rule should only be possible in accordance with Directive 2003/4/EC of the European Parliament and of the Council44 or with Regulation (EC) No 1049/2001 of the European Parliament and of the Council45 , as appropriate. Information on emissions which is relevant for the protection of the environment should not be considered as confidential, in line with the Aarhus Convention. _________________ 44 Directive 2003/4/EC of the European Parliament and of the Council on access to environmental information and repealing Council Directive 90/313/EEC (OJ L 41, 14.2.2003, p. 26). 45 Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43).
Amendment 69 #
Proposal for a regulation
Recital 27
Recital 27
(27) It should be possible for the Commission to updateextend the list of industrial or agricultural activities in relation to which reporting requirements apply. The Commission should therefore be empowered to adopt delegated acts in accordance with Article 290 of the Treaty amending Annex I to this Regulation to add activities that have, or are expected to have, an impact on health or the environment and to align the Annex with amendments to the Protocol.
Amendment 70 #
Proposal for a regulation
Recital 28
Recital 28
(28) The Commission should also be empowered to adopt delegated acts in accordance with Article 290 of the Treaty to amend Annex II to this Regulation to determine reporting thresholds, to add pPollutants which are subject to specific regulatory measures under Union law on water and air quality and on chemicals, including Regulations (EC) No 1907/200646 and 1272/2008/EC46a of the European Parliament and of the Council46 , Directives 2000/60/EC47 , 2004/107/EC48 , 2006/118/EC49 , 2008/50/EC50 and 2008/105/EU51 of the European Parliament and of the Council, should be reported. Moreover, the Commission should also be empowered to adopt delegated acts in accordance with Article 290 of the Treaty to amend Annex II to this Regulation to reflect changes made to the Protocol with regard to the additional pollutants to be reported or their reporting thresholds, and to adapt that Annex to scientific or technical progress. _________________ 46 Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1). 46a Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 47 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, p. 1). 48 Directive 2004/107/EC of the European Parliament and of the Council of 15 December 2004 relating to arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons in ambient air (OJ L 23, 26.1.2005, p. 3). 49 Directive 2006/118/EC of the European Parliament and of the Council of 12 December 2006 on the protection of groundwater against pollution and deterioration (OJ L 372, 27.12.2006, p. 19). 50 Directive 2008/50/EC of the European Parliament and of the Council of 21 May 2008 on ambient air quality and cleaner air for Europe (OJ L 152, 11.6.2008, p. 1). 51 Directive 2008/105/EC of the European Parliament and of the Council of 16 December 2008 on environmental quality standards in the field of water policy, amending and subsequently repealing Council Directives 82/176/EEC, 83/513/EEC, 84/156/EEC, 84/491/EEC, 86/280/EEC and amending Directive 2000/60/EC of the European Parliament and of the Council (OJ L 348, 24.12.2008, p. 84).
Amendment 71 #
Proposal for a regulation
Recital 29
Recital 29
Amendment 75 #
Proposal for a regulation
Recital 31
Recital 31
(31) In order to ensure effective implementation of this Regulation, Member States should lay down rules on penalties applicable to its infringements and should ensure that they are implemented, based on the principles and minimum amounts specified in this Regulation.
Amendment 78 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation implements the UNECE Protocol on Pollutant Release and Transfer Registers (‘the Protocol’) by laying down rules on the collection and reporting of environmental data on industrial installations and establishesing an Industrial Emissions Portal (‘Portal’) at Union level in the form of an online database giving access to such data. , publicly accessible, database. This Regulation aims to enhance public access to environmental information, hereby facilitating public participation in environmental decision- making, better informing environmental decision-making, encouraging better environmental performance, and tracking trends and progress in pollution reduction, notably by enabling the public to compare pollution data from industrial installations and verify compliance by industrial installations with environmental legislation.
Amendment 82 #
Proposal for a regulation
Article 2 – paragraph 1 – point 9 a (new)
Article 2 – paragraph 1 – point 9 a (new)
(9 a) ‘EU Waste Code’ means the six- digit code on the list of waste of Commission Decision 2014/955/EU of 18 December 2014 amending Decision 2000/532/EC on the list of waste pursuant to Directive 2008/98/EC of the European Parliament and of the Council1a _________________ 1a Commission Decision (2014/995) of 18 December 2014 amending Decision 2000/532/EC on the list of waste pursuant to Directive 2008/98/EC of the European Parliament and of the Council
Amendment 83 #
Proposal for a regulation
Article 2 – paragraph 1 – point 14
Article 2 – paragraph 1 – point 14
(14) ‘recovery’ means any of the operations referred to in Annex II to Directive 2008/98/EC, disaggregated by relevant R code;
Amendment 84 #
Proposal for a regulation
Article 2 – paragraph 1 – point 15
Article 2 – paragraph 1 – point 15
(15) ‘disposal’ means any of the operations referred to in Annex I to Directive 2008/98/EC, disaggregated by relevant D code;
Amendment 86 #
Proposal for a regulation
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
1. The Portal shall include data at installation level, including data from installations under the scope of Directive 2010/75/EC expressed in the same format as in the permits granted under that Directive and the relevant BAT conclusions, on:
Amendment 95 #
(e a) for activities under the scope of Directive 2010/75/EC, permitting and compliance information generated pursuant to that Directive.
Amendment 100 #
Proposal for a regulation
Article 3 – paragraph 2 – introductory part
Article 3 – paragraph 2 – introductory part
2. The Portal shall include links totegrate data from the following:
Amendment 103 #
Proposal for a regulation
Article 4 – paragraph -1 (new)
Article 4 – paragraph -1 (new)
-1. The Portal shall be designed so as to allow the following: (a) benchmarking of environmental performance of industrial installations, notably in regard to Best Available Techniques associated with emissions and performance levels; (b) comparison of permit conditions in force; (c) identification of hot spots for further pollution prevention measures and trends and progress in pollution prevention and reduction at the source; (d) promotion of compliance with environmental standards; (e) effective public participation in environmental decision-making.
Amendment 105 #
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. The Commission, assisted by the Agency, shall make the Portal publicly accessiblend easily accessible, user-friendly, presenting the data in both aggregated and non- aggregated forms with a view to enabling searches and query-based downloads of datasets by:
Amendment 108 #
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) installation, including the installation's parent company where applicable, and its geographical location, including the river basin, including in circumstances where a permit covers two or more installations or parts of installations operated by the same operator on the same site, in accordance with Article 4(2) of Directive 2010/75/EU;
Amendment 113 #
Proposal for a regulation
Article 4 – paragraph 1 – point f
Article 4 – paragraph 1 – point f
(f) off-site transfers of waste, disaggregated by relevant R or D code, and differentiated by EU Waste Code, and, as appropriate, their destination;
Amendment 118 #
Proposal for a regulation
Article 4 – paragraph 1 – point i a (new)
Article 4 – paragraph 1 – point i a (new)
(i a) type of information (e.g. permit, other compliance document, type of derogation, where applicable);
Amendment 120 #
Proposal for a regulation
Article 4 – paragraph 1 – point i b (new)
Article 4 – paragraph 1 – point i b (new)
(i b) status of decision making and activity status, with RSS feeds or other automatic notification features;
Amendment 121 #
Proposal for a regulation
Article 4 – paragraph 1 – point i c (new)
Article 4 – paragraph 1 – point i c (new)
(i c) permit conditions per activity; for permit conditions subject to BAT conclusions, the level of ambition compared to the set benchmark level, and whether a BAT derogation has been approved with associated level.
Amendment 125 #
Proposal for a regulation
Article 5 – title
Article 5 – title
5 Reporting by operators to competent authorities
Amendment 127 #
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. The operator of each installation that undertakes one or more of the activities specified in Annex I, which meet the applicable capacity thresholds specified in that Annex, shall report annually, to its the data listed in points (a) to (f) to the Commission, using an electronic input form. Operators of installations under the scompetent authority, the following data, unless that data is already available to the competent authority: of Directive 2010/75/EC shall ensure that reported data is expressed in the same format as in permits and relevant BAT conclusions. Operators shall report monitoring data with the same frequency required in case of periodic monitoring, and, where continuous monitoring is required, they shall report data at least on a monthly basis.
Amendment 130 #
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) releases to air, water and land of any pollutant specified in Annex II for which the applicable threshold value specified in Annex II is exceeded;
Amendment 133 #
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) off-site transfers of hazardous waste exceeding 21 tonnes per year or of non-hazardous waste exceeding 21 000 tonnes per year, for any operations of recovery or disposal with the exception of the disposal operations of land treatment and deep injection disposal operations, as specified in Annex I to Directive 2008/98/EC, indicating with ‘R’ or ‘D’ respectively, indicating whether the waste is destined for recovery or disposal and, for transboundary movements of hazardous waste, the name and address of the recoverer or the disposer of the waste and the actual recovery or disposal site, with the respective R of D codes and the EU Waste Code(s). Waste which is subject to land treatment or deep injection disposal operations shall be reported as a release to land only by the operator of the installation from which the waste originates;
Amendment 135 #
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) off-site transfers of any pollutant specified in Annex II in waste water destined for waste water treatment for which the threshold value specified in Annex II, column 1b, is exceeded;
Amendment 137 #
Proposal for a regulation
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) use of water, energy andfresh and waste water, primary and waste energy and primary and secondary raw materials;
Amendment 139 #
Proposal for a regulation
Article 5 – paragraph 1 – point e
Article 5 – paragraph 1 – point e
(e) information allowing contextualisation, comparability, and progress tracking within sectors and across the Union, of the data reported under points (a) to (d), including production volume, number of employees, number of operating hours, and information on accidents thatcompliance and monitoring information generated pursuant to Directive 2010/75/EU, expressed in the same format as in the permit conditions and BAT conclusions, and information on accidents and near- misses that have led or could have led to releases;
Amendment 144 #
Proposal for a regulation
Article 5 – paragraph 1 – point f a (new)
Article 5 – paragraph 1 – point f a (new)
(f a) progress on the implementation of the environmental management system referred to in Article 14a of Directive 2010/75/EC with respect to the indicators listed in paragraph 2 of that Article, and on the implementation of other environmental management systems, as relevant.
Amendment 146 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Where the releases referred to in paragraph 1, point (a), or off-site transfers of pollutants referred to in paragraph 1, point (c), do not exceed the applicable threshold values specified in Annex II, or where off-site transfers of waste do not exceed the thresholds set out in paragraph 1, point (b), the operator of the installation concerned shall declare, in its report, that releases or off-site transfers are below those values or thresholds.
Amendment 150 #
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Operators shall specify in the report the methods used for obtaining the data. Where the data were obtained byThe measurement, the and/or analytical and/or calculation methods shall be indicated. Where the data were obtained by calculation, the method of calculation shall be indicated including the related uncertainty.
Amendment 152 #
Proposal for a regulation
Article 5 – paragraph 11
Article 5 – paragraph 11
11. Having regard to the requirements set out in Article 6, Member States shall determine a date by when operators shall provide the data referred to in this Article to its competent authorityThe Commission, assisted by the Agency, shall make the necessary arrangements so that operators, and Member States pursuant to paragraph 10 of this Article, are able to report the data to the Commission using an electronic input form.
Amendment 153 #
Proposal for a regulation
Article 5 – paragraph 11 a (new)
Article 5 – paragraph 11 a (new)
11 a. Operators shall report data of each installation even in case a permit covers two or more installations or parts of installations they operate on the same site, in accordance with Article 4(2) of Directive 2010/75/EU.
Amendment 155 #
Proposal for a regulation
Article 6 – title
Article 6 – title
6 Reporting by Member States to the CommissionValidation of reported data by national competent authorities
Amendment 156 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
Amendment 159 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The Commission services, assisted by the European Environment Agency (‘the Agency’) shall incorporate the data reported by Member States into the Portal within 1 month of completion of reporting by Member States in accordance with paragraph 1Agency, shall make the necessary arrangements so that Member States are able to modify and validate the data inserted in the Portal based in their territories and are notified of new data having been submitted.
Amendment 161 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The Commission, assisted by the Agency, shall include in the Portal all data on releases of pollutants from diffuse sources where such data exists and has already been reported by Member States.
Amendment 163 #
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1 a. The Agency shall perform automated quality control checks on the supplied data. Where the data does not pass the quality checks, the data supplier shall be notified electronically so that it can supply corrected data.
Amendment 164 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The competent authorities shall assess the quality of the data provided by the operators of the installations referred to in paragraph 1, in particular as to their accuracy, completeness, consistency and credibility. They shall validate the data related to activities falling under the scope of Directive 2010/75/EC within 6 months following the submission by operators and they shall validate the data related to other activities within up to 12 months.
Amendment 165 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The Commission, assisted by the Agency, shall make the data contained in the Portal publicly accessible and free of charge on the internet within 1 month of completion of reporting by Member States in accordance with Article 6(1)the submission of the data in accordance with Article 5. The Commission shall make the necessary arrangements so that it is clear to the public whether the data has been validated or not by the relevant competent authorities.
Amendment 169 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
When data is considereddeclared as confidential by a Member State in accordance with Article 4(2) of Directive 2003/4/EC, the report referred to in Article 6(2) of this Regulation for the reporting year concerned shall indicate separately for each installation which data cannot be made public and provide the reasons for this. Information on emissions which is relevant for the protection of the environment shall not be considered as confidential, in line with the Aarhus Convention.
Amendment 175 #
Proposal for a regulation
Article 12 – title
Article 12 – title
Amendment 176 #
Proposal for a regulation
Article 12 – paragraph -1 (new)
Article 12 – paragraph -1 (new)
-1 The Commission shall, by 1 January 2024, adopt implementing acts in accordance with Article 15 to adapt the rules on frequency, format and process of reporting of data to the Portal.
Amendment 181 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
Member States and the Commission shall promote public awareness of the Portal and understanding and use of the data contained in it. They shall seek advice and gather input from the public on how to improve and expand the content of the Portal.
Amendment 184 #
Proposal for a regulation
Article 14 – paragraph 1 – point a
Article 14 – paragraph 1 – point a
(a) to add an industrial or agricultural activity which has, or is expected to have, an impact on health or the environment as a consequence of its pollutant releases, waste or waste water transfers or resource use; releases or transfers above the respective reporting thresholds, as set out in Article 5(1), point (b) and in Annex II, will be a primary factor in determining impact on health or the environment;
Amendment 185 #
Proposal for a regulation
Article 14 – paragraph 1 – point b
Article 14 – paragraph 1 – point b
(b) to align it with the Protocol following the adoption of amendmentdd an industrial or agricultural activity which has been added to itsthe annexes of the Protocol.
Amendment 186 #
Proposal for a regulation
Article 14 – paragraph 2 – point b – introductory part
Article 14 – paragraph 2 – point b – introductory part
(b) to add pollutants, the release of which to air, water and land has, or may have, an adverse impact on the environment or human health, including those that are released from activities referred to in Annex I to this Regulation, and that meet one of the following conditions:.
Amendment 187 #
Proposal for a regulation
Article 14 – paragraph 2 – point b – point i
Article 14 – paragraph 2 – point b – point i
Amendment 188 #
Proposal for a regulation
Article 14 – paragraph 2 – point b – point ii
Article 14 – paragraph 2 – point b – point ii
Amendment 189 #
Proposal for a regulation
Article 14 – paragraph 2 – point b – point iii
Article 14 – paragraph 2 – point b – point iii
Amendment 190 #
Proposal for a regulation
Article 14 – paragraph 2 – point b – point iv
Article 14 – paragraph 2 – point b – point iv
Amendment 192 #
Proposal for a regulation
Article 14 – paragraph 2 – point c
Article 14 – paragraph 2 – point c
Amendment 193 #
Proposal for a regulation
Article 14 – paragraph 2 – point d
Article 14 – paragraph 2 – point d
(d) to align it with the Protocol following the adoption of amendmentdd pollutants which have been added to itsthe annexes of the Protocol.
Amendment 198 #
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – 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 who hashaving 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 infringement of the economic benefits derived from thatviolation of the direct and indirect economic benefits derived from that violation. The level of the fines shall be gradually increased for repeated infringements. The level of the fines shall be gradually increased for repeated infringementsIn the case of a violation committed by a legal person, the minimum amount of such fines shall be at least 20,000 EUR or at least 10% whichever the higher of the operator’s annual global turnover in the preceding 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 200 #
Proposal for a regulation
Article 17 – paragraph 3 – point c
Article 17 – paragraph 3 – point c
(c) the population or the environment affected by the infringementdirectly and indirectly affected by the violation, or could have been 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 203 #
Proposal for a regulation
Article 17 – paragraph 3 – point c a (new)
Article 17 – paragraph 3 – point c a (new)
(c a) 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 205 #
Proposal for a regulation
Article 17 – paragraph 3 – point c b (new)
Article 17 – paragraph 3 – point c b (new)
(c b) 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 206 #
Proposal for a regulation
Article 17 – paragraph 3 – point c c (new)
Article 17 – paragraph 3 – point c c (new)
(c c) any relevant previous violations by the operator;
Amendment 207 #
Proposal for a regulation
Article 17 – paragraph 3 – point c d (new)
Article 17 – paragraph 3 – point c d (new)
(c d) any penalties previously received by the operator for the same violation;
Amendment 208 #
Proposal for a regulation
Article 17 – paragraph 3 – point c e (new)
Article 17 – paragraph 3 – point c e (new)
(c e) any direct or indirect financial benefits gained, or direct or indirect losses avoided, from the violation by the operator;
Amendment 209 #
Proposal for a regulation
Article 17 – paragraph 3 – point c f (new)
Article 17 – paragraph 3 – point c f (new)
(c f) any other aggravating or mitigating factors applicable to the circumstances of the case.
Amendment 211 #
Proposal for a regulation
Article 17 – paragraph 4 a (new)
Article 17 – paragraph 4 a (new)
4 a. Member States shall ensure publication, on a publicly accessible, free of charge, national website, of the names of operators who are in breach of provision laid out in this Regulation.
Amendment 213 #
Proposal for a regulation
Article 19 – paragraph 1 a (new)
Article 19 – paragraph 1 a (new)
The list of pollutant substances referred to in Annex II of Directive 2010/75/EU shall continue to apply pending its inclusion in Annex II and entry into force of this Regulation.
Amendment 215 #
Proposal for a regulation
Annex I
Annex I
Activity Capacity Threshold 1 Activities listed in Annex I to Directive Above the applicable capacity thresholds set 2010/75/EU out in Directive 2010/75/EU 2 Activities listed in Annex Ia to Directive Above the applicable capacity thresholds set 2010/75/EU out in Directive 2010/75/EU 3Rearing of cattle, pigs or poultry Installations of 100 livestock units (LSU) or more. The approximate equivalent in LSU is based on the conversion rates established in Annex II to Regulation (EU) 2018/1091 of the European Parliament and of the Council on integrated farm statistics. 2a Rearing of any mix of the following animals: Installations of 100 LSU or more. cattle, pigs, poultry The approximate equivalent in LSU is based on the conversion rates established in Annex II to Regulation (EU) 2018/1091 of the European Parliament and of the Council on integrated farm statistics. 2ab Rearing of any other animals or mix of Installations in which the manure animals execration factor is equivalent to rearing of livestock of 100 LSU 2ac Industrial insect rearing and processing For insects that are of the species Coleoptera, Diptera, Orthoptera the production or processing threshold of 150kg per year applies, for other types of insects 15 tonnes per year. 3 Activities referred to in Article 2 of Directive Combustion plants with a rated thermal input (EU) 2015/2193 (where not covered by Annex I of at least 201 MW and below 50 MW to Directive 2010/75/EU) 4 Underground mining and related operations, No capacity threshold (all installations are including the extraction of crude oil or gas either subject to reporting) onshore or offshore (where not covered by Annex I to Directive 2010/75/EU) 5 Opencast mining and quarrying (where not Where the surface of the area effectively covered by Annex I to Directive 2010/75/EU) under extractive operation equals 25 hectares 6 6 Urban waste water treatment plants With a capacity of 100 000 population equivalents or more 7 7 Aquaculture With a production capacity of 100 tonnes of fish or shellfish per year 8 Installations for the building and/or dismantling With a capacity for ships 100 m long For of ships and aircrafts, and for the painting or removal of paint from ships painting or removal of paint for ships of less removal of paint from ships and aircrafts than 100 m or aircrafts, the threshold applies where the coating consumption per m² of coated surface exceeds 0.4kg.
Amendment 216 #