Activities of Jérémy DECERLE related to 2022/0104(COD)
Shadow opinions (1)
OPINION on the proposal for a Directive of the European Parliament and of the Council amending Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) and Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste
Amendments (30)
Amendment 30 #
Proposal for a directive
Article 1 a (new)
Article 1 a (new)
Directive 2010/75/EU
Title
Title
Article 1 a (new) Title of the Directive is modified as following "Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial and agricultural emissions (integrated pollution prevention and control) " Or. en (2010/75/EU)
Amendment 31 #
Proposal for a directive
Recital 1
Recital 1
(1) The European Green Deal55 is Europe’s strategy to ensure, by 2050, a climate-neutral, clean and circular economy, optimising resource management, minimising pollution while recognising the need for deeply transformative policies. The Union is also committed to the 2030 Agenda for Sustainable Development56 and its Sustainable Development Goals57 . The EU Chemicals Strategy for Sustainability58 of October 2020 and the Zero Pollution Action Plan59 adopted in May 2021 specifically address pollution aspects of the European Green Deal. In parallel, the New Industrial Strategy for Europe60 further emphasises the potential role of transformative technologies. Other particularly relevant policies for this initiative include the ‘Fit for 55’ package61 , the Methane Strategy62 and the Glasgow methane pledge63 , the Climate Adaptation Strategy64 , the Biodiversity Strategy65 , the Farm to Fork strategy66 and, the Sustainable Products Initiative67 and the long-term Vision for the EU's Rural Areas communication 67a. Besides, as part of the EU response to the 2022 Russia-Ukraine war, REPowerEU68 proposes a Joint European Action to support the diversification of energy supplies, accelerate the transition to renewable energy and improve energy efficiency. _________________ 55 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions The European Green Deal; COM(2019) 640 final. 56 https://www.un.org/ga/search/view_doc.as p?symbol=A/RES/70/1&Lang=E 57 https://sdgs.un.org/goals 58 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, Chemicals Strategy for Sustainability Towards a Toxic-Free Environment COM(2020) 667 final. 59 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, Pathway to a Healthy Planet for All EU Action Plan: 'Towards Zero Pollution for Air, Water and Soil' COM(2021) 400 final. 60 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions, A New Industrial Strategy for Europe COM(2020) 102 final. 61 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, 'Fit for 55': delivering the EU's 2030 Climate Target on the way to climate neutrality COM/2021/550 final. 62 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on an EU strategy to reduce methane emissions COM(2020) 663 final. 63 https://www.globalmethanepledge.org/ 64 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions Forging a climate-resilient Europe - the new EU Strategy on Adaptation to Climate Change COM(2021) 82 final. 65 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions EU Biodiversity Strategy for 2030 Bringing nature back into our lives COM(2020) 380 final. 66 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions A Farm to Fork Strategy for a fair, healthy and environmentally-friendly food system COM(2020) 381 final. 67 COM(2022) 142 67a Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions empty, A long-term Vision for the EU's Rural Areas - Towards stronger, connected, resilient and prosperous rural areas by 2040 COM(2021)345 68 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions REPowerEU: Joint European Action for more affordable, secure and sustainable energy; COM(2022) 108 final.
Amendment 37 #
Proposal for a directive
Recital 2
Recital 2
(2) The European Green Deal announced a revision of Union measures to address pollution from large industrial installations, including reviewing the sectoral scope of the legislation and how to make it fully consistent with climate, energy and circular economy policies. In addition, the Zero Pollution Action Plan, the Circular Economy Action Plan and the Farm to Fork Strategy also call for reducing pollutant emissions at source, including sources not currently within the scope of Directive 2010/75/EU of the European Parliament and of the Council69 . Addressing pollution from 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 48 #
Proposal for a directive
Recital 4
Recital 4
(4) Rearing of pigs, poultry and cattle may cause significant pollutant emissions into the air and water. In order to reduce such pollutant emissions, including ammonia, methane, nitrates and greenhouse gas emissions and thereby improve air, water and soil quality, it is necessary to lower the threexisting national and European frameworks should above which pigs and poultry installations arebe mobilised and existing good practices should be promoted, includeding 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 arupport of national strategic plans of the CAP. In addition to the requirements already set in the CAP to reduce emissions from agriculture, any evolution of the scope of Directive 2010/75/EU or of the relevant BAT requirements should be conly seasonally reared in indoor installations, and the range of environmental impacts they may have. The proportionality requirements in BATs aim tosidered through close dialogue with farmers representatives so as to guarantee the proportionality of the foreseen constraints regarding the expected results and to make sure that farmers are incentivise farmers tod to keep implementing the necessary transition towards increasingly environmentally friendly agricultural practices, taking into account every aspects, beyond the sole issue of emissions.
Amendment 65 #
Proposal for a directive
Recital 27
Recital 27
(27) In light of the high number of rearing installations that shouldmight be included within the scope of Directive 2010/75/EU, andof the relative simplicity of the processes and emissions patterns of such installations, of the specificities of production processes that include living animals and of the limited human resources that farms are able to dedicate to such a procedure, it is appropriate to set out specific administrative procedures for issuing permits and for the operation of the relevant activities which are adapted to the sector, without prejudice to requirements related to public information and participation, montoring and compliance.
Amendment 73 #
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 and pigs. 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 85 #
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;;
Amendment 92 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point e
Article 1 – paragraph 1 – point 3 – point e
Directive 2010/75/EU
Article 3 – paragraph 1 – point 23b
Article 3 – paragraph 1 – point 23b
Amendment 97 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point e
Article 1 – paragraph 1 – point 3 – point e
Amendment 109 #
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 exchange of information between Member States, the industries and farmers concerned, non-governmental organisations promoting environmental protection, the European Chemicals Agency and the Commission.
Amendment 117 #
Proposal for a directive
Article 1 – paragraph 1 – point 24
Article 1 – paragraph 1 – point 24
Directive 2010/75/EU
Chapter VI a – Title
Chapter VI a – Title
SPECIAL PROVISIONS FOR REARING OF POULTRY, PIGS AND CATTLE AND PIGS.
Amendment 120 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70a
Article 70a
This Chapter shall apply to the activities set out in Annex Ia which reach the capacity thresholds set out in that Annexof indoor rearing of poultry and pigs : (a) with more than 40.000 places for poultry, (b) with more than 2.000 places for production pigs (over 30 kg) or (c) with more than 750 places for sows.
Amendment 126 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70b
Article 70b
Amendment 127 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70b – title
Article 70b – title
Amendment 128 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70b
Article 70b
Amendment 154 #
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 and greenhouse gas emissions and thereby improve air, water and soil quality, 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 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. In order to be cost-effective and consistent with the Green Deal, this legislation should particularly target the most concentrated agricultural installations, which have the financial means to cope with this legislation. To do so, it should include criteria of stocking density in order to promote pasture-based cattle in the EU, which has multiple co- benefits for the environmental and climate objectives of the Green Deal.
Amendment 157 #
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 162 #
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 175 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70e – paragraph 3
Article 70e – paragraph 3
3. The operator shall, without delay, make available the data and information listed in paragraph 2 of this Article to the competent authority upon request. The competent authority may make such a request in order to verify compliance with the operating rules referred to in Article 70i. The competent authority shall make such a request if a member of the public requests access to the data or information listed in paragraph 2 of this Article.
Amendment 188 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70g – paragraph 2 – point d
Article 70g – paragraph 2 – point d
Amendment 193 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70h – paragraph 1
Article 70h – paragraph 1
Member States shall ensure that, in accordance with the relevant national legal system, members of the public directly 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 this Chapter when one of the following conditions is met:
Amendment 195 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70h – paragraph 1 – point a
Article 70h – paragraph 1 – point a
(a) they have a sufficiendirect interest;
Amendment 202 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70i – introductory part
Article 70i – introductory part
The Commission shall, in cooperation with farmers whose production falls within the scope of this directive, establish operating rules containing requirements consistent with the use of best available techniques for the activities listed in Annex Iarticle 70a, which shall include the following:
Amendment 215 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70i – paragraph 1 – third subparagraph (new)
Article 70i – paragraph 1 – third subparagraph (new)
The operating rules shall incorporate the existence of emerging techniques in animal husbandry and specify the conditions under which the competent authority may grant a permit to an installation using such techniques
Amendment 228 #
Proposal for a directive
Article 1 – paragraph 1 – point 27
Article 1 – paragraph 1 – point 27
Directive 2010/75/EU
Article 74 – paragraph 2
Article 74 – paragraph 2
2. In order to allow the provisions of this Directive to meet its objectives to prevent or reduce pollutants emissions and achieve a high level of protection of human health and the environment, the Commission shall be empowered to adopt a delegated act, in accordance with Article 76, to amend Annex I or Annex Ia by including in those Annexes an agro- industrial activity that meets the following criteria:
Amendment 244 #
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
Amendment 250 #
Proposal for a directive
Article 1 – paragraph 1 – point 34
Article 1 – paragraph 1 – point 34
Directive 2010/75/EU
Annex Ia (new)
Annex Ia (new)
Amendment 251 #
Proposal for a directive
Annex I – paragraph 1 – point g
Annex I – paragraph 1 – point g
Directive 2010/75/EU
Annex I g – point 5.3
Annex I g – point 5.3
(i) biological treatment (such as anaerobic digestion except for manure);
Amendment 254 #
Proposal for a directive
Annex II
Annex II
Directive 2010/75/EU
Annex Ia
Annex Ia
Amendment 1675 #
Proposal for a directive
Annex II
Annex II
Directive 2010/75/EU
Annex Ia – paragraph 1a (new)
Annex Ia – paragraph 1a (new)
1a. Rearing of cattle exceeding a number of livestock units (LSU) and maximum number of livestock units per hectare of agricultural land to be both defined by a delegated act supplementing this Regulation and consistent with the relevant legislation of the Green Deal, including requirements of the Nitrates Directive 91/676/EEC.