BETA

52 Amendments of Alexandr VONDRA related to 2022/0104(COD)

Amendment 156 #
Proposal for a directive
Recital 4
(4) Rearing of pigs, and 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.
2022/12/14
Committee: ENVI
Amendment 241 #
Proposal for a directive
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 pigs, 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. 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.
2022/12/14
Committee: ENVI
Amendment 305 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point b
Directive 2010/75/EU
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, emission levels associated with emerging techniques, environmental performance levels associated with emerging techniques, associated monitoring, associated consumption levels and, where appropriate, relevant site remediation measures;;
2022/12/14
Committee: ENVI
Amendment 318 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point c
Directive 2010/75/EU
Article 3 – paragraph 1 – point 13 a
(13a) ‘environmental performance levels associated with the best available techniques’ means the range of environmental performance levels, except emission levels, obtained under normal operating conditions using a BAT or a combination of BATs, as described in BAT conclusions, expressed as an average over a given period of time, under specified reference conditions;.
2022/12/14
Committee: ENVI
Amendment 348 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point e
Directive 2010/75/EU
Article 3 – paragraph 1 – point 23 c a (new)
(ea) In Article 3, paragraph 1, point 23c a (new) is inserted: (23ca) ‘Industrial-scale livestock rearing’ means rearing of poultry and pigs, which does not fall under the definitions laid down in points (23cc(new)) to (23d);
2022/12/14
Committee: ENVI
Amendment 357 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point f
Directive 2010/75/EU
Article 3 – paragraph 1 – point 48
(48) ‘industrial minerals’ means minerals used in industry for the production of semi-finished or finished products, with the exception of metalliferous ores, energy minerals, and minerals used for the production of construction minaterials and precious stones;
2022/12/14
Committee: ENVI
Amendment 361 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point f
Directive 2010/75/EU
Article 3 – paragraph 1 – point 50
(50) ‘emission levels associated with emerging techniques’ means the expected range of emission levels obtained under normal operating conditions using an emerging technique or a combination of emerging techniques, as described in BAT conclusions, expressed as an average over a given period of time, under specified reference conditions;
2022/12/20
Committee: ENVI
Amendment 370 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point f
(51) ‘environmental performance levels associated with emerging techniques’ means the expected range of environmental performance levels, except emission levels, obtained under normal operating conditions using an emerging technique or a combination of emerging techniques, as described in BAT conclusions, expressed as an average over a given period of time, under specified reference conditions;
2022/12/20
Committee: ENVI
Amendment 384 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point f
Directive 2010/75/EU
Article 3 – paragraph 1 – point 53 – introductory part
(53) ‘benchmarks’ means the indicative range of environmental performance levels, which are under the control of the operator, associated with best available techniques, other than emission levels, and may include:
2022/12/20
Committee: ENVI
Amendment 502 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 2010/75/EU
Article 9 – paragraph 2
(7) In Article 9, paragraph (2) is deleted.
2022/12/20
Committee: ENVI
Amendment 506 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 2010/75/EU
Article 9 – paragraph 2 a (new)
(7) In Article 9, paragraph 2 a (new) is added: 2a. For activities listed in Annex I to Directive 2003/87/EC, Member States may choose not to impose requirements relating to energy efficiency in respect of combustion units or other units emitting carbon dioxide on the site in case installations are covered by the obligation to conduct an energy audit or implement an energy management system pursuant to Article 8 of Directive 2012/27/EU or the operator implements equivalent measures.
2022/12/20
Committee: ENVI
Amendment 523 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Directive 2010/75/EU
Article 11 – paragraph 1 – point f b
(fb) the overall life-cycle environmental performance of the supply chain is taken into account as appropriadelete;d
2022/12/20
Committee: ENVI
Amendment 539 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Directive 2010/75/EU
Article 11 – paragraph 1 – point f c
(fc) an environmental management system is implemented as referred to in Article 14a..deleted
2022/12/20
Committee: ENVI
Amendment 570 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point a
Directive 2010/75/EU
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 concerned, non-governmental organisations promoting environmental protection, the European Chemicals Agency and the Commission. The European Chemicals Agency will act as an observer of the process only providing scientific technical input for updating documents and will not have a role in the decision making process.
2022/12/20
Committee: ENVI
Amendment 608 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point b
Directive 2010/75/EU
Article 13 – paragraph 2 – subparagraph 2
Without prejudice to Union competition law, information considered as confidential business information or commercially sensitive information shall only be shared with the Commission and with the following individuals having signed a confidentiality and non-disclosure agreement: civil servants and other public employees representing Member States or Union agencies, and representatives of non-governmental organisations promoting the protection of human health or the environment. The exchange of information considered as confidential business information or sensitive commercial information shall remain limited to what is required to draw up, review and, where necessary, update BAT reference documents, and such confidential business information or sensitive commercial information shall not be used for other purposes..
2022/12/20
Committee: ENVI
Amendment 703 #
Proposal for a directive
Article 1 – paragraph 1 – point 11
Directive 2010/75/EU
Article 14a
(11) The following Article 14a is inserted: Article 14a Environmental management system 1. operator to prepare and implement, for each installation falling within the scope of this Chapter, an environmental management system (‘EMS’). The EMS shall comply with the provisions included in relevant BAT conclusions that determine aspects to be covered in the EMS. The EMS shall be reviewed periodically to ensure that it continues to be suitable, adequate and effective. 2. following: (a) the continuous improvement ofdeleted Member States shall require the The EMS shall include at least the environmental policy objectives for prevent the genvironmental performance and safety of the installation, which shall include measures to: (i) (ii) reuse; (iii) with the use of hazardous substances. (b) indicators in relation to significant environmental aspects, which shall take into account benchmarks set out in the relevant BAT conclusions and the life- cycle environmental performance of the supply chain; (c) obligation to conduct an energy audit or implement an energy management system pursuant to Article 8 of Directive 2012/27/EU, inclusion of the results of that audit or implementation of the energy management system pursuant to Article 8 and Annex VI of that Direration of waste; optimise resource use and water prevent or reduce risks associated objectives and of the measures to implement their recommendations; (d) 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 and an analysis of the possibilities to substitute them with safer alternatives; (e) measures taken to achieve the environmental objectives and avoid risks for human health or the environment, including corrective and preventive meperformance for installations covered by the a chemicals inventory of the a transformation plan asu res where needed; (f) to in Article 27d. 3. be made available on the Internet, free of charge and without restricting access to registered users..ferred The EMS of an installation shall
2022/12/19
Committee: ENVI
Amendment 792 #
Proposal for a directive
Article 1 – paragraph 1 – point 12
Directive 2010/75/EU
Article 15 – paragraph 3 – subparagraph 1 – introductory part
TFollowing the publication of BAT Conclusions referred to in Article 13(5) of this Directive, the competent authority shall set the strictest possible emission limit values that are consistent with the lowest emissions achievable by applying 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 of the whole BAT-AEL range analysing the feasibility of meeting the strictest end of the BAT-AEL range and demonstrating the best performance the installation can achieve by applying BAT as described in BAT concluslowest possible emission limit that the installation can achieve, under normal operating conditions, by applying BAT as described in BAT conclusions while taking into account fluctuations of the performance of the best available techniques and the circumstances where the installation operates at the highest state of the emissions. If BAT is applied at a given installation and the emission measurement results reported by the operator of the existing installation or the values guaranteed by the supplier in case of new installations, are higher than the lower limit of the BAT-AEL range, then a higher emission limit value can be set up to the upper level of the BAT-AEL range. This provision shall not apply to agricultural productions. The emission limit values shall be set through either of the following:
2022/12/19
Committee: ENVI
Amendment 830 #
Proposal for a directive
Article 1 – paragraph 1 – point 12
Directive 2010/75/EU
Article 15 – paragraph 3 a
3a. The competent authority shall set environmental performance limit values 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).deleted
2022/12/19
Committee: ENVI
Amendment 847 #
Proposal for a directive
Article 1 – paragraph 1 – point 12
Directive 2010/75/EU
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 and environmental performance values. Such a derogation may apply only where an assessment shows that the achievement of emission levels and environmental performance associated with the best available techniques as described in BAT conclusions would lead to disproportionately higher costs compared to the environmental benefits due to:
2022/12/19
Committee: ENVI
Amendment 859 #
Proposal for a directive
Article 1 – paragraph 1 – point 12
Directive 2010/75/EU
Article 15 – paragraph 4 – subparagraph 1 – point b
(b) the technical characteristics of the installation concerned.; or
2022/12/19
Committee: ENVI
Amendment 862 #
Proposal for a directive
Article 1 – paragraph 1 – point 12
Directive 2010/75/EU
Article 15 – paragraph 4 – subparagraph 1 – point b a (new)
(ba) investment cycle related to the sustainability transition of the operator’s group.
2022/12/19
Committee: ENVI
Amendment 882 #
Proposal for a directive
Article 1 – paragraph 1 – point 12
Directive 2010/75/EU
Article 15 – paragraph 4 – subparagraph 4
Derogations referred to in this paragraph shall respect the principles set out in Annex II. 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 riskwould result in risk of non- compliance with environmental quality standards referred to in Article 18.
2022/12/19
Committee: ENVI
Amendment 894 #
Proposal for a directive
Article 1 – paragraph 1 – point 12
Directive 2010/75/EU
Article 15 – paragraph 4 – subparagraph 6
The Commission shall adopt an implementing act, to establish a standardised methodology for assessing the disproportionality between the costs of implementation of the BAT conclusions and the potential environmental benefits referred to in the first subparagraph and considering the investment cycle related to the sustainability transition of the operator’s group. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 75(2).
2022/12/19
Committee: ENVI
Amendment 905 #
Proposal for a directive
Article 1 – paragraph 1 – point 13
Directive 2010/75/EU
Article 15a – paragraph 1
1. For the purpose of assessing compliance with emission limit values in accordance with Article 14(1), point (h), the correction made to measurements to determine the validated average emission values shall not exceed the measurement uncertainty of the measuring method. Uncertainty in emission measurements includes all sources of uncertainty based on the type of instrument (QAL1), calibration effects (QAL2) and operational effects (QAL3).
2022/12/19
Committee: ENVI
Amendment 909 #
Proposal for a directive
Article 1 – paragraph 1 – point 13
Directive 2010/75/EU
Article 15a – paragraph 2 – subparagraph 1
The Commission shall by [OP please insert date = the first day of the month following 24 months after the date of entry into force of this Directive] adopt an implementing act establishing th guiding document identifying suitable measuring methods for assessing compliance with emission limit values set out in the permit with regard to emissions to air and water. This implementing act shall be adopted in accordance with the examination procedure referred to in Article 75(2).
2022/12/19
Committee: ENVI
Amendment 914 #
Proposal for a directive
Article 1 – paragraph 1 – point 13
Directive 2010/75/EU
Article 15a – paragraph 2 – subparagraph 2
The method referred to in the first subparagraph shall address, as a minimum, the determination of validated average emission values and shall set out how measurement uncertainty and the frequency of exceedance of emission limit values are tomay be taken into account in the compliance assessment.
2022/12/19
Committee: ENVI
Amendment 921 #
Proposal for a directive
Article 1 – paragraph 1 – point 14
Directive 2010/75/EU
Article 16 – paragraph 3
3. Where a derogation referred to in Article 15(4) has been granted, Member States shall, where justified, ensure that the operator monitors the concentration of the pollutants concerned by the derogation which are present in the receiving environment. The results of the monitoring shall be transmitted to the competent authority. Where relevant, monitoring and measuring methods for each concerned pollutant set out in other relevant Union legislation shall be used for the purpose of the monitoring referred to in this paragraph.
2022/12/19
Committee: ENVI
Amendment 940 #
Proposal for a directive
Article 1 – paragraph 1 – point 15
Directive 2010/75/EU
Article 18 – paragraph 1
Where an environmental quality standard requires stricter conditions than those achievable by the use of the best available techniques, additional measures shallmay be included in the permit with a view to reducing the specific contribution of the installation to the pollution occurring in the relevant area without prejudice to other measures which may be taken to comply with environmental quality standards.
2022/12/19
Committee: ENVI
Amendment 949 #
Proposal for a directive
Article 1 – paragraph 1 – point 15
Directive 2010/75/EU
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 shallmay be required from the operator, and the results of such monitoring shall be transmitted to the competent authority. 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..
2022/12/19
Committee: ENVI
Amendment 968 #
Proposal for a directive
Article 1 – paragraph 1 – point 16
Directive 2010/75/EU
Article 21 – paragraph 5 – point c
(c) where it is necessary to comply with an environmental quality standard referred to in Article 18 and the specific contribution of the installation is proven, including in the case of a new or revised 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.
2022/12/20
Committee: ENVI
Amendment 1034 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Directive 2010/75/EU
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 inby the BAT conclusions, the BAT reference documents or the findings of the innovation centre for industrial transformation and emissions referred to in Article 27ainnovation centre for industrial transformation and emissions (‘INCITE’) referred to in Article 27a and included in the BAT reference documents. Member States may, where appropriate, encourage the application of emerging techniques where such techniques have been identified in the BAT conclusions.
2022/12/20
Committee: ENVI
Amendment 1052 #
Proposal for a directive
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
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 techniquesinnovative techniques, including emerging techniques identified by the innovation centre for industrial transformation and emissions (‘INCITE’) referred to in Article 27a for a total period of time not exceeding 2436 months, subjected to extension depending on the Technology Readiness Levels of the specific technique.
2022/12/20
Committee: ENVI
Amendment 1063 #
Proposal for a directive
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 c – paragraph 1
By way of derogation from Article 15(3) and Article 21(3)(b), the competent authority may, if the operator chooses this option, set emission limit values that ensure that, within 6 years of publication of athe date where the permit has been amended, emissions shall not, under normal operating conditions, exceed emission levels associated with emerging techniques as laid down in the decisions on BAT conclusions in accordance with Article 13(5) relating to the main activity of an installation, emissions shall not, under normal operating conditions, exceed emission levels associated with emerg. Where the time period referred to in the first paragraph has elapsed and where the operator cannot comply with the emission limit values set by way of derogation from Article 15(3), the competent authority shall ensure that within a maximum period of 4 years following the expiry of the time period referred to in the first paragraph: (a) the permit conditions for the installation concerned are reconsidered and, if necessary, updated to ensure compliance with this Directive, in particular, with Article 15(3) and (4), where applicable; (b) the installation complies with those amended permit conditions. For the time period in between the expiry of the time period referred to ing techniques as laid down in the decisions on BAT conclusions. he first paragraph and the reconsideration and updating of the permit conditions, the competent authority shall apply the derogation principles referred to in Article 15(4).
2022/12/20
Committee: ENVI
Amendment 1074 #
Proposal for a directive
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d – number
Article 27deleted
2022/12/20
Committee: ENVI
Amendment 1076 #
Proposal for a directive
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d – title
Transformation towards a clean, circular and climate neutral industrydeleted
2022/12/20
Committee: ENVI
Amendment 1087 #
Proposal for a directive
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d – paragraph 1
1. Member States shall require that by 30 June 2030 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, circular and climate- neutral economy by 2050, using the format referred to in paragraph 4. Member States shall take the necessary measures to ensure that by 31 December 2031, 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.deleted
2022/12/20
Committee: ENVI
Amendment 1126 #
Proposal for a directive
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d – paragraph 2
2. Member States shall require that, as part of the review of the permit conditions pursuant to Article 21(3) following the publication of decisions on BAT conclusions after 1 January 2030, 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 Annex I that is not referred to in paragraph 1. 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, circular and climate- neutral economy by 2050, using the format referred to in paragraph 4. Member States shall take the necessary measures to ensure that 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 2 with the requirements set out in the implementing act referred to in paragraph 4.deleted
2022/12/20
Committee: ENVI
Amendment 1156 #
Proposal for a directive
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d – paragraph 3
3. The operator shall make its transformation plan as well as the results of the assessment referred to in paragraphs 1 and 2 public, as part of the publication of its environmental management system.deleted
2022/12/20
Committee: ENVI
Amendment 1172 #
Proposal for a directive
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d – paragraph 4
4. The Commission shall by 30 June 2028, 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)..deleted
2022/12/20
Committee: ENVI
Amendment 1257 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
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.deleted
2022/12/20
Committee: ENVI
Amendment 1413 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
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 pasture based cattle rearing, their animal welfare policies, and other aspects of syustems, where animals are only seasonally reared in indoor installationsainable animal rearing.
2022/12/20
Committee: ENVI
Amendment 1452 #
Proposal for a directive
Article 1 – paragraph 1 – point 27
Directive 2010/75/EU
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: (a) impact on human health or the environment, in particular as a consequence of pollutant emissions and use of resources; (b) diverges within the Union; (c) it presents potential for improvement in terms of its environmental impact through the application of best available techniques or innovative techniques; (d) this Directive is assessed, on the basis of its environmental, economic and social impacts, to have a favourable ratio of societal benefits to economic costs.deleted it has or is expected to have an its environmental performance its inclusion within the scope of
2022/12/20
Committee: ENVI
Amendment 1494 #
Proposal for a directive
Article 1 – paragraph 1 – point 31
1. Without prejudice to the obligations of Member States under Directive 2008/99/EC of the European Parliament and of the Council of 19 November 2008 on the protection of the environment through criminal law, Member States shall lay down rules on penalties applicable to violations of national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are applied. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall without delay notify the Commission of those rules and of those provisions, and shall notify without delay any subsequent amendment affecting them. Member States shall ensure that any criminal and administrative sanctions respect the provisions of the Charter of Fundamental Rights of the European Union, including but not limited to the ne bis in idem principle and the proportionality principle. Member States shall ensure that any criminal sanctions are imposed only if culpability of the person responsible for the violation has been established.
2022/12/20
Committee: ENVI
Amendment 1500 #
Proposal for a directive
Article 1 – paragraph 1 – point 31
Directive 2010/75/EU
Article 79 – paragraph 2
2. The penalties referred to in paragraph 1 shall include fines proportionate to the naturnover of the legal person or to the income of the natural person having committed the infringemente and severity of the violation concerned, and not exceed the level necessary for fines to be effective and dissuasive. The level of the fines shall be calculated in such a way as to make sure that they effectively deprive the person responsible for the violation of the economic benefits derived from that violation. The level of the fines shall be gradually increased for repeated infringements. In the case of a violation committed by a legal person, the maximum amount of such fines shall be at least 8 % of the operator’s annual turnover in the Member State concerned of the same nature.
2022/12/20
Committee: ENVI
Amendment 1536 #
Proposal for a directive
Article 1 – paragraph 1 – point 32
Directive 2010/75/EU
Article 79a
(32) The following Article 79a is inserted: Article 79a Compensation 1. where damage to human health has occurred as a result of a violation of national measures that were adopted pursuant to this Directive, the individuals affected have the right to claim and obtain compensation for that damage from the relevant natural or legal persons and, where appropriate, from the relevant competent authorities responsible for the violation. 2. as part of the public concerned, non- governmental organisations promoting the protection of human health or the environment and meeting any requirements under national law are allowed to represent the individuals affected and bring collective actions for compensation. Member States shall ensure that a claim for a violation leading to a damage cannot be pursued twice, by the individuals affected and by the non- governmental organisations referred to in this paragraph. 3. Member States shall ensure that national rules and procedures relating to claims for compensation 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. 4. compensation in accordance with paragraph 1, supported by evidence from which a causality link may be presumed between the damage and the violation, Member States shall ensure that the onus is on the person responsible for the violation to prove that the violation did not cause or contribute to the damage. 5. the limitation periods for bringing actions for compensation referred to in paragraph 1 are not shorter than 5 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..deleted Member States shall ensure that, Member States shall ensure that, Where there is a claim for Member States shall ensure that
2022/12/21
Committee: ENVI
Amendment 1586 #
Proposal for a directive
Article 3 a (new)
Article 3a Transitional provisions 1. In relation to installations carrying out activities referred to in Annex I, points 1.1, to 1.3, point 1.4 (except pyrolysis), point 2.1, point 2.2, point 2.3(a), point 2.3(b), point 2.3(c), points 2.4 to 2.6, points 3.1 to 3.5, points 4.1 to 4.6, point 5.1 to 5.6, point 5.3 (except anaerobic digestion), points 5.4 to 5.6, point 6.1, point 6.2 (except finishing of textile fibres), point 6.3, point 6.4, point 6.5 (except animal by products), point 6.7 which are in operation and hold a permit before [OP please insert the date = the first day of the month following 18 months after the date of entry into force of this Directive] or the operators of which have submitted a complete application for a permit before that date, provided that those installations are put into operation no later than [one year after the first day of the month following 18 months after the date of entry into force of this Directive], Member States shall apply the laws, regulations and administrative laws, regulations and administrative provisions adopted in accordance with Article 3(1) of the recast of Directive 2010/75/EU from [one year after the first day of the month following 18 months after the date of entry into force of this Directive]. 2. In relation to installations carrying out activities referred to in Annex I, point 1.4 for activities concerning pyrolysis, points 2.3(aa), point 2.3(ab), point 2.3 (bb), point 2.7, point 3.6, point 5.3 for activities concerning anaerobic digestion, point 6.2 for activities concerning finishing of textile fibres and point 6.5 for activities concerning animal by-products which are in operation before [OP please insert the date = the first day of the month following 18 months after the date of entry into force of this Directive], Member States shall apply the laws, regulations and administrative provisions adopted in accordance with this Directive from [two years after the first day of the month following 18 months after the date of entry into force of this Directive].
2022/12/21
Committee: ENVI
Amendment 1596 #
Proposal for a directive
Annex I – paragraph 1 – point b
Directive 2010/75/EU
Annex I – paragraph 3 – subparagraph 2 – point 2.3 – point a a
(aa) operation of cold-rolling mills with a capacity exceeding 10 tonnes of crude steel per hour;deleted
2022/12/21
Committee: ENVI
Amendment 1599 #
Proposal for a directive
Annex I – paragraph 1 – point b
Directive 2010/75/EU
Annex I – paragraph 1 – subparagraph 2 – point 2.3 – point a b
(ab) operation of wire drawing machines with a capacity exceeding 2 tonnes of crude steel per hour;deleted
2022/12/21
Committee: ENVI
Amendment 1603 #
Proposal for a directive
Annex I – paragraph 1 – point b
Directive 2010/75/EU
Annex I – paragraph 1 – subparagraph 2 – point 2.3 – point b
(b) operation of smitheries with hammers the energy of which exceeds 250 kilojoule per hammer;
2022/12/21
Committee: ENVI
Amendment 1607 #
Proposal for a directive
Annex I – paragraph 1 – point b
Directive 2010/75/EU
Annex I – paragraph 1 – subparagraph 2 – point 2.3 – point b a
(ba) operation of smitheries with forging presses the force of which exceeds 10 mega-newton (MN) per press;’.deleted
2022/12/21
Committee: ENVI
Amendment 1664 #
Proposal for a directive
Annex II
Directive 2010/75/EU
Annex Ia – paragraph 1
1. Rearing of cattle, pigs or poultry in installations of 1450 livestock units (LSU) or more, excluding rearing carried out in the context of small scale family farming and organic farming as defined in this Directive.
2022/12/21
Committee: ENVI
Amendment 1685 #
Proposal for a directive
Annex II
Directive 2010/75/EU
Annex Ia – paragraph 2
Rearing of any mix of the following animals: cattle, pigs, poultry, in installations of 1450 LSU or more, excluding rearing carried out in the context of small scale extensive farming, small scale family farming and organic farming as defined in this Directive.
2022/12/21
Committee: ENVI