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29 Amendments of Pietro FIOCCHI related to 2022/0104(COD)

Amendment 405 #
Pietro FIOCCHI, Sergio BERLATO, Nicola PROCACCINI
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point f
Directive 2010/75/EU
Article 3 – paragraph 1 – point 53 a (new)
In Article 3, paragraph 1, point 53a (new) is inserted (53a) Deep industrial transformation: Adoption of completely different process routes and/or primary process techniques that facilitate a significant reduction of emissions. Secondary, or ‘end-of-pipe’ techniques would not qualify as ‘deep transformation’.
2022/12/20
Committee: ENVI
Amendment 698 #
Pietro FIOCCHI, Sergio BERLATO, Nicola PROCACCINI
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 of the environmental performance and safety of the installation, which shall include measures to: (i) prevent the generation of waste; (ii) optimise resource use and water reuse; (iii) prevent or reduce risks associated with the use of hazardous substances. (b) objectives and performance indicatdeleted Member States shall require the The EMS shall include at least the environmental policy objectives for fors 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 Directive 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 measures where needed; (f) to in Article 27d. 3. be made available on the Internet, free of charge and without restricting access to registered users. (See Wording Art.1. p 11 directive of the European Parliament and of the Council amending Directive 2010/75stallations covered by the a chemicals inventory of the a transformation plan as referred The EMS of an installation shall (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.) Or. en 1999/31/EUC of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) and Council Directive26 April 1999)
2022/12/19
Committee: ENVI
Amendment 797 #
Pietro FIOCCHI, Sergio BERLATO, Nicola PROCACCINI
Proposal for a directive
Article 1 – paragraph 1 – point 12
Directive 201/75/EU
Article 15 – paragraph 3 – subparagraph 1 – introductory part
TFollowing the publication of BAT Conclusions referred to in Article13(5) derived under 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 conclusions. The emission limit values shall be set through either of the following: lowest 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. The emission limit values shall be set through either of the following: (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.) Or. en (see the text Art.1 (12) Directive 2010/75/EU)
2022/12/19
Committee: ENVI
Amendment 822 #
Pietro FIOCCHI, Sergio BERLATO, Nicola PROCACCINI
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 (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.) Or. en (See texting art.1 (12) Directive 2010/75/EU)
2022/12/19
Committee: ENVI
Amendment 900 #
Nicola PROCACCINI, Pietro FIOCCHI
Proposal for a directive
Article 1 – paragraph 1 – point 12
Directive 2010/75/EU
Article 15 – paragraph 4 a (new)
(See wording of Article 1, paragraph 12, 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) and4a. By way of derogation from paragraph 3, in cases where an installation faces a sudden interruption in the supply of raw materials or fuels or a disruption of abatement technique’s elements, the competent authority shall establish less strict emission limit values, for a maximum of 3 months, which may be extended when the extraordinary circumstances persist, subject to a simplified assessment justifying the reasons and period for this temporary adjustment. Member States shall inform the Commission of any derogation granted under these circumstances. As soon as the supply conditions are restored the derogation will no longer be valid. However, if the same circumstances keep prevailing, the adjustment of the emission limit values may be prolonged for another period of 6 months. (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.) Or. en Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste)
2022/12/19
Committee: ENVI
Amendment 961 #
Pietro FIOCCHI, Sergio BERLATO
Proposal for a directive
Article 1 – paragraph 1 – point 15 d (new)
Directive 2010/75/EU
Article 21 – paragraph 3 a (new)
(15d) In Article 21, paragraph 3a (new) is inserted as follows: 3a. By way of derogation from paragraph 3 and within 8 years of publication of Decision of BAT conclusions, the competent authority shall, in case undertakings implementing deep industrial transformation towards EU objectives on a clean, circular and climate neutral economy, exempt the operator to their consideration and updating the permit conditions for the activities concerned until the transformation is completed.
2022/12/20
Committee: ENVI
Amendment 965 #
Pietro FIOCCHI, Sergio BERLATO, Nicola PROCACCINI
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, 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. and the specific contribution of the installation is proven, including in the case of a new or revised quality standard. (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.) Or. en (Article 1, p. 16, Directive 2010/75/EU)
2022/12/20
Committee: ENVI
Amendment 1071 #
Pietro FIOCCHI, Sergio BERLATO, Nicola PROCACCINI
Proposal for a directive
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d – number
Article 27d deleted (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.) Or. en (See texting art.1 p.22 Directive 2010/75/EU)
2022/12/20
Committee: ENVI
Amendment 1079 #
Pietro FIOCCHI, Sergio BERLATO, Nicola PROCACCINI
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 (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
2022/12/20
Committee: ENVI
Amendment 1090 #
Pietro FIOCCHI, Sergio BERLATO, Nicola PROCACCINI
Proposal for a directive
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d – paragraph 1 – subparagraph 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.deleted (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
2022/12/20
Committee: ENVI
Amendment 1108 #
Pietro FIOCCHI, Sergio BERLATO, Nicola PROCACCINI
Proposal for a directive
Article 1 – paragraph 1 – point 22
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 (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
2022/12/20
Committee: ENVI
Amendment 1130 #
Pietro FIOCCHI, Sergio BERLATO, Nicola PROCACCINI
Proposal for a directive
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d – paragraph 2 – subparagraph 1
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.deleted (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
2022/12/20
Committee: ENVI
Amendment 1148 #
Pietro FIOCCHI, Sergio BERLATO, Nicola PROCACCINI
Proposal for a directive
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d – paragraph 2 – subparagraph 2
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 (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.) Or. en (See texting art.1 p.22 Directive 2010/75/EU)
2022/12/20
Committee: ENVI
Amendment 1153 #
Pietro FIOCCHI, Sergio BERLATO, Nicola PROCACCINI
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 (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.) Or. en (See texting art.1 p.22 Directive 2010/75/EU)
2022/12/20
Committee: ENVI
Amendment 1169 #
Pietro FIOCCHI, Sergio BERLATO, Nicola PROCACCINI
Proposal for a directive
Article 1 – paragraph 1 – point 22
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 ideleted (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.) Or. en (Article 75(2).. .1 p.22 Directive 2010/75/EU)
2022/12/20
Committee: ENVI
Amendment 1247 #
Pietro FIOCCHI, Nicola PROCACCINI, Sergio BERLATO
Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70a – paragraph 1
This Chapter shall apply to the activities set out in Annex Ia which reach the capacity thresholds set out in that Annex. intensive 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); (c) with more than 750 places for sows; (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.) Or. it (Directive 2010/75/EU, Article 1, p.25)
2022/12/20
Committee: ENVI
Amendment 1269 #
Pietro FIOCCHI, Sergio BERLATO, Nicola PROCACCINI
Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70b – paragraph 1
If two or more installations are located close, engaged in identical types of farming activities, are adjacent 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 , except where there are separate neighbouring installations as a result of the division of an inherited farm. (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.) Or. it (See the wording of Directive 2010/75/EU, Article 70a. , p.25)
2022/12/20
Committee: ENVI
Amendment 1458 #
Pietro FIOCCHI, Sergio BERLATO, Nicola PROCACCINI
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 meetdeleted it has or 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 accexpected to have an its environmental perfordmance 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) improvement in terms of its environmental impact presents potential for its inclusion within the scope of (This amendment applies throughout 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. text. Adopting it will necessitate corresponding changes throughout.) Or. en (See texting art.1 p.27 Directive 2010/75/EU)
2022/12/20
Committee: ENVI
Amendment 1460 #
Pietro FIOCCHI, Sergio BERLATO, Nicola PROCACCINI
Proposal for a directive
Article 1 – paragraph 1 – point 27
Directive 2010/75/EU
Article 74 – paragraph 2 – subparagraph 1 – introductory part
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 environme6nt, 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: : (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.) Or. it (Directive 2010/75/EU, Article 1, p.27)
2022/12/20
Committee: ENVI
Amendment 1493 #
Pietro FIOCCHI, Sergio BERLATO, Nicola PROCACCINI
Proposal for a directive
Article 1 – paragraph 1 – point 31
Directive 2010/75/EU
Article 79 – paragraph 1
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. (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.) Or. en (See texting art.1 p.31 Directive 2010/75/EU)
2022/12/20
Committee: ENVI
Amendment 1504 #
Pietro FIOCCHI, Sergio BERLATO, Nicola PROCACCINI
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 of 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. same nature. . (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.) Or. en (art.1 p.31. Directive 2010/75/EU)
2022/12/20
Committee: ENVI
Amendment 1533 #
Pietro FIOCCHI, Sergio BERLATO, Nicola PROCACCINI
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 meadeleted Member States shall ensures 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.. , Member States shall ensure that, Where there is a claim for Member States shall ensure that (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.) Or. en (art.1 p.32 Directive 2010/75/EU)
2022/12/21
Committee: ENVI
Amendment 1575 #
Pietro FIOCCHI, Sergio BERLATO, Nicola PROCACCINI
Proposal for a directive
Article 1 – paragraph 1 – point 34
Directive 2010/75/EU
Annex Ia
34. Annex Ia as set out in Annex II to this Directive is inserdeleted.
2022/12/21
Committee: ENVI
Amendment 1585 #
Pietro FIOCCHI, Sergio BERLATO, Nicola PROCACCINI
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 1593 #
Pietro FIOCCHI, Sergio BERLATO, Nicola PROCACCINI
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 (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.) Or. en (Annex 1 p.2.3 Directive 2010/75/EU)
2022/12/21
Committee: ENVI
Amendment 1601 #
Pietro FIOCCHI, Sergio BERLATO, Nicola PROCACCINI
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 (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.) Or. en (See texting Annex I p.2.3 Directive 2010/75/EU)
2022/12/21
Committee: ENVI
Amendment 1606 #
Pietro FIOCCHI, Sergio BERLATO, Nicola PROCACCINI
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; (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.) Or. en (See texting Annex I p.2.3 Directive 2010/75/EU)
2022/12/21
Committee: ENVI
Amendment 1608 #
Pietro FIOCCHI, Sergio BERLATO, Nicola PROCACCINI
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 thdeleted (This amendment applies throughout the text. Adopting it will necessitate fcorce of which exceeds 10 mega-newton (MN) per press;’. responding changes throughout.) Or. en (See texting Annex I p.2.3 Directive 2010/75/EU)
2022/12/21
Committee: ENVI
Amendment 1657 #
Pietro FIOCCHI, Sergio BERLATO, Nicola PROCACCINI
Proposal for a directive
Annex II
Directive 2010/75/EU
Annex Ia – paragraph 1
1. Rearing of cattle, pigs or poultry in installations of 150 livestock units (LSU) or more. deleted (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.) Or. it (Annex Ia p.1 Directive 2010/75/EU)
2022/12/21
Committee: ENVI
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