BETA

84 Amendments of Alexander BERNHUBER related to 2022/0104(COD)

Alexander BERNHUBER

Proposal for a directive
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.

2022/12/14
Committee: ENVI

Alexander BERNHUBER

Proposal for a directive
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.deleted

2022/12/14
Committee: ENVI

Alexander BERNHUBER

Proposal for a directive
Recital 6

(6) With a view to further strengthening public access to environmental information, it is necessary to clarify that permits for installations granted pursuant to Directive 2010/75/EU are to be made available to the public on the Internet, free of charge and without restricting access to registered users. A uniform summary of permits should also be made available to the public under the same conditions.deleted

2022/12/14
Committee: ENVI

Alexander BERNHUBER

Proposal for a directive
Recital 22

(22) As clarified by the case-law of the Court of Justice73 , Member States may not restrict legal standing to challenge a decision of a public authority to those members of the public concerned who participated in the preceding administrative procedure to adopt that decision. As also clarified by the case-law of the Court of Justice74 , effective access to justice in environmental matters and effective remedies requires inter alia that members of the public concerned should have the right to ask the court or an competent independent and impartial body to order interim measures to prevent a given instance of pollution, including, where necessary, through the temporary suspension of the disputed permit. Therefore, it should be specified that legal standing should not be made conditional on the role that the ~~concerned~~ member of the public concerned played during a participatory phase of the decision-making procedures under this Directive. In addition, any review procedure should be fair, equitable, timely and not prohibitively expensive, and provide for adequate and effective redress mechanisms, including injunctive relief as appropriate. __________________ 73 Case C–826/18, Judgment of the Court (First Chamber) of 14 January 2021; LB and Others v College van burgemeester en wethouders van de gemeente Echt- Susteren; paragraphs 58 and 59. 74 Case C-416/10 Judgment of the Court (Grand Chamber), 15 January 2013; Jozef Križan and Others v Slovenská inšpekcia životného prostredia.Križan, paragraph 109.

2022/12/14
Committee: ENVI

Alexander BERNHUBER

Proposal for a directive
Recital 27

(27) In light of the high number of rearing installations that should be included within the scope of Directive 2010/75/EU, and the relative simplicity of the processes and emissions patterns of such installationsDue to the fact that livestock installations are difficult to compare with the other activities falling within the scope of Directive 2010/75/EU, it is appropriate to ~~set out~~establish 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 complianc, adapted to the sector, for the granting of permits and the pursuit of the relevant activities. Moreover, the emission patterns in such facilities are difficult to determine and have a complexity that differs significantly from the other activities falling within the scope of this Directive.

2022/12/14
Committee: ENVI

Alexander BERNHUBER

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~~Member States should 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. 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 Parliame and pigs. This preserves the principle of subsidiarity and provides adequate flexibility to take into a~~nd 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~~ccount the differences in the various types of farming in 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. 1–14spective Member States.

2022/12/14
Committee: ENVI

Alexander BERNHUBER

Proposal for a directive
Recital 30

(30) In order to ensure uniform conditions for the implementation of Directive 2010/75/EU, implementing powers should be conferred on the Commission as regards the establishment of (i) the format to be used for the permit summary; (ii) ~~a standardised methodology for assessing the disproportionality between the costs of implementation of the BAT conclusions and the potential environmental benefits, (iii)~~ the measuring method for assessing compliance with emission limit values set out in the permit with regard to emissions to air and water, (ivii) the detailed arrangements necessary for the establishment and functioning of the innovation centre for industrial transformation and emissions, and (iv) the format to be used for transformation plans. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council78 . __________________ 78 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).

2022/12/14
Committee: ENVI

Alexander BERNHUBER

Proposal for a directive
Recital 32 a (new)

(32a) The Ukraine war has revealed some major weaknesses in Europe’s supply chains. These weaknesses have to be taken into account when elaborating EU legislation, enabling continuity of global supply chains. Therefore, similar safeguards as presented in recital 32 for energy sector should be properly applied to other sectors, for exceptional circumstances seriously affecting supply chains that could make impossible the compliance of emission limit values for limited time periods.

2022/12/14
Committee: ENVI

Alexander BERNHUBER

Proposal for a directive
Recital 33

(33) It is therefore appropriate for Directive 2010/75/EU to address the right for compensation for damages suffered by individuals. To ensure that individuals can defend their rights against damages to health caused by violations of Directive 2010/75/EU and thereby ensure a more efficient enforcement of that Directive, non-governmental organisations promoting the protection of human health or the environment, including those promoting the protection of consumers and meeting any requirements under national law, as members of the public concerned, should be empowered to engage in proceedings, as the Member States so determine, either on behalf or or in support of any victim, without prejudice to national rules of procedure concerning representation and defence before the courts. Member States usually enjoy procedural autonomy to ensure an effective remedy against violations of Union law, subject to the respect of the principles of equivalence and effectivity. However, experience shows that while there is overwhelming epidemiologic evidence on the negative health impacts of pollution on the population, in particular as regards air, it is difficult for the victims of violations of Directive 2010/75/EU under the procedural rules on the burden of proof generally applicable in the Member States to demonstrate a causality link between the suffered harm and the violation. As a result, in the majority of cases, victims of violations of Directive 2010/75/EU do not have an effective way to obtain compensation for the harm caused by such violations. To strengthen the rights of individuals to obtain compensation for violations of Directive 2010/75/EU and to contribute to a more efficient enforcement of its requirements throughout the Union, it is necessary to adapt the burden of proof applicable to such situations. Therefore, when an individual can provide sufficiently robust evidence to give rise to a presumption that the violation of Directive 2010/75/EU is at the origins of the damage caused to the health of an individual, or has significantly contributed to it, it should be for the defendant to rebut that presumption in order to escape his liability.deleted

2022/12/14
Committee: ENVI

Alexander BERNHUBER

Proposal for a directive
Article 1 – paragraph 1 – point 2

Directive 2010/75/EU
Article 2 – paragraph 1

1. This Directive shall apply to the industrial activities giving rise to pollution referred to in Chapters II to VI and to activities referred to in Chapter VIa.

2022/12/14
Committee: ENVI

Alexander BERNHUBER

Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a

Directive 2010/75/EU
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;, subject to local conditions; Activities are directly associated if they are essential to carry out the activities in Annex I, or in Part 1 of Annex VII and have a specific and distinctive form of integration in these activities;

2022/12/14
Committee: ENVI

Alexander BERNHUBER

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, associated monitoring, associated consumption levels and, where appropriate, relevant site remediation measures;;

2022/12/14
Committee: ENVI

Alexander BERNHUBER

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 availab~~dele te~~chniques’ means the range of environmental performance levels, except emission levels, obtained under normal operating conditions using a BAT or a combination of BATs;.~~d

2022/12/14
Committee: ENVI

Alexander BERNHUBER

Proposal for a directive
Article 1 – paragraph 1 – point 3 – point d a (new)

Directive 2010/75/EU
Article 3 – paragraph 1 – point 23

(da) In Article 3, paragraph 1, point (23) is deleted;

2022/12/14
Committee: ENVI

Alexander BERNHUBER

Proposal for a directive
Article 1 – paragraph 1 – point 3 – point e

Directive 2010/75/EU
Article 3 – paragraph 1 – point 23 a

(23a) ‘pigs’ means pigs as defined in Article 2 of Council Directive 2008/120/EC*; * Council Directive 2008/120/EC of 18 December 2008 laying down minimum standards for the protection of pigs (OJ L 47, 18.2.2009, p. 5domestic animals of the species Sus scrofa domesticus;

2022/12/14
Committee: ENVI

Alexander BERNHUBER

Proposal for a directive
Article 1 – paragraph 1 – point 3 – point e

Directive 2010/75/EU
Article 3 – paragraph 1 – point 23 b

~~(23b) ‘cattle’ means domestic animals of the species Bos taurus;~~deleted

2022/12/14
Committee: ENVI

Alexander BERNHUBER

Proposal for a directive
Article 1 – paragraph 1 – point 3 – point e

Directive 2010/75/EU
Article 3 – paragraph 1 – point 23 c

(23c) ‘livestock unit’ or ‘LSU’ means the grazing equivalent of one adult dairy cow producing 3 000 kg of milk annually, without additional concentrated foodstuffs, which is used to express the size of farms rearing different categories of animals, using the conversion rates, with reference to actual production within the calendar year, set out in Annex II to Commission Implementing Regulation (EU) No 808/2014**’. ** Commission Implementing Regulation (EU) No 808/2014 of 17 July 2014 laying down rules for the application of Regulation (EU) No 1305/2013 of the European Parliament and of the Council on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) (OJ L 227 31.7.2014, p. 18).deleted

2022/12/14
Committee: ENVI

Alexander BERNHUBER

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, construction minerals and precious stones;deleted

2022/12/14
Committee: ENVI

Alexander BERNHUBER

Proposal for a directive
Article 1 – paragraph 1 – point 3 – point f

Directive 2010/75/EU
Article 3 – paragraph 1 – point 49

~~(49) ‘metalliferous ores’ means ores that yield metals or metallic substances;~~deleted

2022/12/20
Committee: ENVI

Alexander BERNHUBER

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

Alexander BERNHUBER

Proposal for a directive
Article 1 – paragraph 1 – point 3 – point f

Directive 2010/75/EU
Article 3 – paragraph 1 – point 51

(51) ‘environmental performance levels associated with emerging techniques’ means the range of environmental performance levels, except emission levels, obtained under normal operating conditions using an emerging technique or a combination of emerging techniques;deleted

2022/12/20
Committee: ENVI

Alexander BERNHUBER

Proposal for a directive
Article 1 – paragraph 1 – point 3 – point f

Directive 2010/75/EU
Article 3 – paragraph 1 – point 53

(53) ‘‘benchmarks’ means the indicative range of environmental performance levels associated with best available techniques, other than emission levels, and may include: (a) (b) reuse levels; (c) (d) levels of water and energy resources; (e) waste levels; (f) other levels obtained under specified reference conditionsdeleted consumption levels; resource efficiency levels and covering materials.

2022/12/20
Committee: ENVI

Alexander BERNHUBER

Proposal for a directive
Article 1 – paragraph 1 – point 5

Directive 2010/75/EU
Article 5 – paragraph 4

(5) In Article 5, the following paragraph (4) is added: ‘ 4. Member States shall ensure that permits granted pursuant to this Article are made available on the Internet, free of charge and without restricting access to registered users. In addition, a summary of each permit shall be made available to the public under the same condtions. That summary shall include at least the following: (a) conditions; (b) the emission limit values and environmental performance limits values; (c) any derogations granted in accordance with Article 15(4); (d) (e) the provisions for reconsideration and updating of the permit. The Commission shall adopt an implementing act to establish the format to be used for the summary referred to in the second subparagraph. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 75(2).deleted an overview of the main permit the applicable BAT conclusions;

2022/12/20
Committee: ENVI

Alexander BERNHUBER

Proposal for a directive
Article 1 – paragraph 1 – point 6

Directive 2010/75/EU
Article 8 – paragraph 2 – subparagraph 1 – introductory part

In the event of a breach of the permit conditions, resulting from the IED. Member States shall ensure that:

2022/12/20
Committee: ENVI

Alexander BERNHUBER

Proposal for a directive
Article 1 – paragraph 1 – point 6

Directive 2010/75/EU
Article 8 – paragraph 2 – subparagraph 2

Where the breach of the permit conditions poses an immediate significant danger to human health or threatens to cause an immediate significant adverse effect upon the environment, and until compliance is restored in accordance with the first subparagraph, points (b) and (c), the operation of the installation, combustion plant, waste incineration plant, waste co- incineration plant or relevant part thereof shall be suspended without any delay.

2022/12/20
Committee: ENVI

Alexander BERNHUBER

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

Alexander BERNHUBER

Proposal for a directive
Article 1 – paragraph 1 – point 8

~~(fb) the overall life-cycle environmental performance of the supply chain is taken into account as appropria~~delete;d

2022/12/20
Committee: ENVI

Alexander BERNHUBER

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

Alexander BERNHUBER

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 disclosed strictly on a need-to-know basis 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 strictly 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

Alexander BERNHUBER

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a – point i

Directive 2010/75/EU
Article 14 – paragraph 1 – subparagraph 1

Member States shall ensure that the permit includes all measures necessary to comply with the requirements of Articles 11 and 18. To that effect, Member States shall ensure that permits are granted further to consultation of all relevant authorities who ensure compliance with Union environmental legislation, including with environmental quality standards.;

2022/12/20
Committee: ENVI

Alexander BERNHUBER

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a – point viii

Directive 2010/75/EU
Article 14 – paragraph 1 – subparagraph 2 – point h

(h) conditions for assessing compliance with the emission limit values ~~and environmental performance limit values~~ or a reference to the applicable requirements specified elsewhere.

2022/12/19
Committee: ENVI

Alexander BERNHUBER

Proposal for a directive
Article 1 – paragraph 1 – point 11

Directive 2010/75/EU
Article 14a – paragraph 1

Member States shall require the 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.deleted

2022/12/19
Committee: ENVI

Alexander BERNHUBER

Proposal for a directive
Article 1 – paragraph 1 – point 11

Directive 2010/75/EU
Article 14a – paragraph 1 – subparagraph 2

~~The EMS shall be reviewed periodically to ensure that it continues to be suitable, adequate and effective.~~deleted

2022/12/19
Committee: ENVI

Alexander BERNHUBER

Proposal for a directive
Article 1 – paragraph 1 – point 11

Directive 2010/75/EU
Article 14 – paragraph 2

2. The EMS shall include at least the following: (a) the continuous improvement of the environmental 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 Dirdeleted environmental policy objectives for prevent the generation 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 measures where needed; (f) to in Article 27d.performance for installations covered by the a chemicals inventory of the a transformation plan as referred

2022/12/19
Committee: ENVI

Alexander BERNHUBER

Proposal for a directive
Article 1 – paragraph 1 – point 11

Directive 2010/75/EU
Article 14a – paragraph 3

~~3. The EMS of an installation shall be made available on the Internet, free of charge and without restricting access to registered users..~~deleted

2022/12/19
Committee: ENVI

Alexander BERNHUBER

Proposal for a directive
Article 1 – paragraph 1 – point 12

Directive 2010/75/EU
Article 15 – paragraph 3 – subparagraph 1 – introductory part

The competent authority shall set the ~~strictest possible~~ emission limit values that ~~are consistent with the lowest emissions achievable by applying BAT in the installation, and that~~ ensure that, under normal operating conditions, emissions do not exceed the emission levels associated with the best available techniques (BAT- AELs) as laid down in the decisions on BAT conclusions referred to in Article 13(5). The emission limit values shall be based on an assessment by the operator analysing the feasibility of meeting the ~~strictest end~~values in the range of the BAT-AEL ~~range~~ and demonstrating ~~the best performance~~what the installation can achieve by applying BAT as described in BAT conclusions. The emission limit values shall be set through either of the following:

2022/12/19
Committee: ENVI

Alexander BERNHUBER

Proposal for a directive
Article 1 – paragraph 1 – point 12

Directive 2010/75/EU
Article 15 – paragraph 3 – subparagraph 2

Where the emission limit values are set in accordance with point (b), the competent authority shall~~, at least annually,~~ assess the results of emission monitoring during the environmental inspection in order to ensure that emissions under normal operating conditions have not exceeded the emission levels associated with the best available techniques.

2022/12/19
Committee: ENVI

Alexander BERNHUBER

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

Alexander BERNHUBER

Proposal for a directive
Article 1 – paragraph 1 – point 12

Directive 2010/75/EU
Article 15 – paragraph 4 – subparagraph 5

The competent authority shall re-assess whether the derogation granted in accordance with this paragraph is justified ~~every 4 years~~as part of the environmental inspection or as part of each reconsideration of the permit conditions pursuant to Article 21, where such reconsideration is made earlier than 4 years after the derogation was granted.

2022/12/19
Committee: ENVI

Alexander BERNHUBER

Proposal for a directive
Article 1 – paragraph 1 – point 12

Directive 2010/75/EU
Article 15 – paragraph 4 a (new)

4a. By way of derogation from paragraph 3, the competent authority may, under extraordinary and widespread circumstances seriously affecting supply conditions of raw materials/fuels or abatement technique’s elements, establish less strict emission limit values, for a maximum of 3 months, subject to a simplified assessment justifying the reasons and period for this derogation. 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.

2022/12/19
Committee: ENVI

Alexander BERNHUBER

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 ensure that the operator monitors the concentration of the pollutants concerned by the derogation which are present in the receiving environment, including the calculation of the emission simulation from the emission data using a propagation model. 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

Alexander BERNHUBER

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 shall be included in the permit with a view to reducing the specific contribution of the installation to the pollution occurring in the relevant area. A sufficient transition period shall be provided for the implementation of these measures. Before setting stricter conditions in the permit, Member States shall evaluate feasibility of other possible measures aiming at reducing the contribution of the installation to occurring pollution as well as other measures related to potential other sources of pollution in the concerned area.

2022/12/19
Committee: ENVI

Alexander BERNHUBER

Proposal for a directive
Article 1 – paragraph 1 – point 17 – point a – point i

Directive 2010/75/EU
Article 24 – paragraph 1 – subparagraph 1 – point d

~~(i) point (d) is replaced by the following: ‘ (d) conditions for an installation in accordance with Article 21(5), points (a), (b) and (c); ’~~deleted the updating of a permit or permit

2022/12/20
Committee: ENVI

Alexander BERNHUBER

Proposal for a directive
Article 1 – paragraph 1 – point 17 – point a – point ii

Directive 2010/75/EU
Article 24 – paragraph 1 – subparagraph 1 – point e

~~(ii) the following point (e) is added: (e) accordance with Article 21(3) or Article 21(4)..~~deleted the updating of a permit in

2022/12/20
Committee: ENVI

Alexander BERNHUBER

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 21(3), the competent authority may set emission limit values that ensure that, within 6 years (subject to extension depending on the technology readiness level of the emerging technique) of publication of a decision 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 emerging techniques as laid down in the decisions on BAT conclusions.

2022/12/20
Committee: ENVI

Alexander BERNHUBER

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

Alexander BERNHUBER

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

Alexander BERNHUBER

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

Alexander BERNHUBER

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

Alexander BERNHUBER

Proposal for a directive
Article 1 – paragraph 1 – point 23

Directive 2010/75/EU
Article 42 – paragraph 1 – subparagraph 2 – point a

(a) the incineration does not cause emissions higher than the combustion of the ~~least polluting~~standard fuels available on the market that could be combusted in the installation;

2022/12/20
Committee: ENVI

Alexander BERNHUBER

Proposal for a directive
Article 1 – paragraph 1 – point 24

Directive 2010/75/EU
Chapter VIa – title

SPECIAL PROVISIONS FOR INTENSIVE REARING OF POULTRY, AND PIGS ~~AND CATTLE~~

2022/12/20
Committee: ENVI

Alexander BERNHUBER

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), or (c) with more than 750 places for sows.

2022/12/20
Committee: ENVI

Alexander BERNHUBER

Proposal for a directive
Article 1 – paragraph 1 – point 25

2010/75/EU
Article 70b – paragraph 1

If two or more installations are located close to each other and if their operator is the same or if the installations are under the control of operators who are engaged in an economic or legal relationship, the installations concerned shall be considered as a single unit for the purpose of calculating the capacity threshold referred to in Article 70aWhere several activities falling under the same activity description that is subject to a threshold are operated in the same installation, the capacities of such activities are added together.

2022/12/20
Committee: ENVI

Alexander BERNHUBER

Proposal for a directive
Article 1 – paragraph 1 – point 25

Directive 2010/75/EU
Article 70c – paragraph 2 – subparagraph 1 – point d

~~(d) the sources of emissions from the installation;~~deleted

2022/12/20
Committee: ENVI

Alexander BERNHUBER

Proposal for a directive
Article 1 – paragraph 1 – point 25

Directive 2010/75/EU
Article 70c – paragraph 2 – subparagraph 1 – point e

~~(e) the nature and quantities of foreseeable emissions from the installation into each medium.~~deleted

2022/12/20
Committee: ENVI

Alexander BERNHUBER

Proposal for a directive
Article 1 – paragraph 1 – point 25

Directive 2010/75/EU
Article 70c – paragraph 3

~~3. Applications shall also include a non-technical summary of the information referred to in paragraph 2.~~deleted

2022/12/20
Committee: ENVI

Alexander BERNHUBER

Proposal for a directive
Article 1 – paragraph 1 – point 25

2010/75/EU
Article 70d – number

~~Article 70~~deleted

2022/12/20
Committee: ENVI

Alexander BERNHUBER

Proposal for a directive
Article 1 – paragraph 1 – point 25

Directive 2010/75/EU
Article 70d – title

~~Obligations of the operator~~deleted

2022/12/20
Committee: ENVI

Alexander BERNHUBER

Proposal for a directive
Article 1 – paragraph 1 – point 25

Directive 2010/75/EU
Article 70d – paragraph 1

1. Member States shall ensure that the operator carries out monitoring of emissions and of associated environmental performance levels in accordance with the operating rules referred to in Article 70i. The operator shall keep a record of, and process, all monitoring results, for a period of at least 6 years, in such a way as to enable the verification of compliance with the emission limit values and environmental performance limit values set out in operating rules referred to in Article 70i.deleted

2022/12/20
Committee: ENVI

Alexander BERNHUBER

Proposal for a directive
Article 1 – paragraph 1 – point 25

2. In the event of non-compliance with the emission limit values and environmental performance limit values set out in the operating rules referred to in Article 70i, Member States shall require that the operator takes the measures necessary to ensure that compliance is restored within the shortest possible time.deleted

2022/12/20
Committee: ENVI

Alexander BERNHUBER

Proposal for a directive
Article 1 – paragraph 1 – point 25

Directive 2010/75/EU
Article 70d – paragraph 3

3. The operator shall ensure that any land spreading of waste, animal by- products or other residues generated by the installation is undertaken in accordance with the best available techniques, as specified in the operating rules referred to in Article 70i, and other relevant Union legislation and that it does not cause significant pollution of the environment.deleted

2022/12/20
Committee: ENVI

Alexander BERNHUBER

Proposal for a directive
Article 1 – paragraph 1 – point 25

Directive 2010/75/EU
Article 70 – 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~~Such a request must be justified by the authority.

2022/12/20
Committee: ENVI

Alexander BERNHUBER

Proposal for a directive
Article 1 – paragraph 1 – point 25

Directive 2010/75/EU
Article 70f – paragraph 3 subparagraph 1

In the event of non-compliance with the requirements set out in this Chapter, Member States shall ensure that the competent authority requires the operator to take ~~any measures, in addition to the measures taken by the operator~~the measures under Article 70d, that are necessary to ensure that compliance is restored ~~without delay~~.

2022/12/20
Committee: ENVI

Alexander BERNHUBER

Proposal for a directive
Article 1 – paragraph 1 – point 25

Directive 2010/75/EU
Article 70f – paragraph 3 – subparagraph 2

Where non-compliance causes a significant degradation of local air, water or soil conditions, or where it poses, or risks to pose, a significant danger to human health, the operation of the installation shall be suspended by the competent authority until compliance is restored.deleted

2022/12/20
Committee: ENVI

Alexander BERNHUBER

Proposal for a directive
Article 1 – paragraph 1 – point 25

Directive 2010/75/EU
Article 70g – paragraph 1 – introductory part

1. Member States shall ensure that the public concerned are given ~~early and effective~~ opportunities to participate in the following procedures:

2022/12/20
Committee: ENVI

Alexander BERNHUBER

Proposal for a directive
Article 1 – paragraph 1 – point 25

Directive 2010/75/EU
Article 70g – paragraph 1 – point a

~~(a) preparation of general binding rules as referred to in Article 6 on permits for installations falling within the scope of this Chapter;~~deleted

2022/12/20
Committee: ENVI

Alexander BERNHUBER

Proposal for a directive
Article 1 – paragraph 1 – point 25

Directive 2010/75/EU
Article 70g – paragraph 2 – introductory part

2. The competent authority shall make available to the public~~, including systematically via the Internet, free of charge and without restricting access to registered users~~ concerned, the following documents and information:

2022/12/20
Committee: ENVI

Alexander BERNHUBER

Proposal for a directive
Article 1 – paragraph 1 – point 25

Directive 2010/75/EU
Article 70g – paragraph 2 – point b

~~(b) the results of the consultations held in accordance with paragraph 1;~~deleted

2022/12/20
Committee: ENVI

Alexander BERNHUBER

Proposal for a directive
Article 1 – paragraph 1 – point 25

Directive 2010/75/EU
Article 70g – paragraph 2 – point d

~~(d) the reports of inspections of the installations falling within the scope of this Chapter.~~deleted

2022/12/20
Committee: ENVI

Alexander BERNHUBER

Proposal for a directive
Article 1 – paragraph 1 – point 25

Directive 2010/75/EU
Article 70h – paragraph 1 – subparagraph 2

Standing in the review procedure may not be conditional on the role that the ~~concerned~~ member of the public concerned played during a participatory phase of the decision-making procedures under this Directive.

2022/12/20
Committee: ENVI

Alexander BERNHUBER

Proposal for a directive
Article 1 – paragraph 1 – point 25

Directive 2010/75/EU
Article 70h – paragraph 1 – subparagraph 3

The review procedure shall be fair, equitable, timely and not prohibitively expensive, and shall provide for adequate and effective redress mechanisms~~, including injunctive relief as appropriate.~~;

2022/12/20
Committee: ENVI

Alexander BERNHUBER

Proposal for a directive
Article 1 – paragraph 1 – point 25

Directive 2010/75/EU
Article 70i – paragraph 1 – subparagraph 1 – introductory part

The ~~Commission~~Member States shall establish operating rules containing requirements consistent with the use of best available techniques for the activities ~~listed in Annex I~~referred to in Article 70a, which shall include the following:

2022/12/20
Committee: ENVI

Alexander BERNHUBER

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 systems, where animals are only seasonally reared in indoor~~ installations.

2022/12/20
Committee: ENVI

Alexander BERNHUBER

Proposal for a directive
Article 1 – paragraph 1 – point 25

Directive 2010/75/EU
Article 70i – paragraph 2

2. ~~The Commission shall b~~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 a delegated act in accordance with Article 76 to supplement this Directive by establishing the~~each Member State shall adopt operating rules referred to in paragraph 1.’ in the form of national legislation.

2022/12/20
Committee: ENVI

Alexander BERNHUBER

Proposal for a directive
Article 1 – paragraph 1 – point 25

Directive 2010/75/EU
Article 70i – paragraph 3

3. Member States shall ensure that all the permit conditions for the installations concerned are in compliance with the operating rules referred to in paragraph 1 within 42 months of the entry into force of the ~~delegated act~~national legislation establishing those rules..

2022/12/20
Committee: ENVI

Alexander BERNHUBER

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) its environmental performance 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 inclusion within the scope of

2022/12/20
Committee: ENVI

Alexander BERNHUBER

Proposal for a directive
Article 1 – paragraph 1 – point 27

Directive 2010/75/EU
Article 74 – paragraph 3

~~3. The Commission shall carry out appropriate consultation with stakeholders before adopting a~~ delegated act in accordance with this Article. The Commission shall make public relevant studies and analyses used in the preparation of a delegated act adopted in accordance with this Article, at the latest at the adoption of the delegated act..

2022/12/20
Committee: ENVI

Alexander BERNHUBER

Proposal for a directive
Article 1 – paragraph 1 – point 29

Directive 2010/75/EU
Article 76 – paragraph 6

6. A delegated act adopted pursuant to Articles 15(4) or 48(5) or Article 74 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of ~~two~~four months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council..

2022/12/20
Committee: ENVI

Alexander BERNHUBER

Proposal for a directive
Article 1 – paragraph 1 – point 31

Directive 2010/75/EU
Article 79

(31) Article 79 is replaced by the following: ‘Article 79 Penalties 1. 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. 2. The penalties referred to in paragraph 1 shall include fines proportionate to the turnover of the legal person or to the income of the natural person having committed the infringement. The level of the fines shall be calculated in such a way as to make sure that they effectively deprive the person responsible for the violation of the 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. 3. the penalties referred to in paragraph 1 give due regard to the following, as applicable: (a) the violation; (b) character of the violation; (c) affected by the violation, bearing in mind the impact of the infringement on the objective of achieving a high level of protection of human health anddeleted Without prejudice to the Member States shall ensure that the nature, gravity, and extent of the intentional or negligent the population or the environment~~.’.~~

2022/12/20
Committee: ENVI

Alexander BERNHUBER

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. Where there is a claim for 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, Member States shall ensure that

2022/12/21
Committee: ENVI

Alexander BERNHUBER

Proposal for a directive
Article 1 – paragraph 1 – point 32

Directive 2010/75/EU
Article 70a – paragraph 4

4. Where there is a claim for 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.deleted

2022/12/21
Committee: ENVI

Alexander BERNHUBER

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 inser~~deleted.

2022/12/21
Committee: ENVI

Alexander BERNHUBER

Proposal for a directive
Annex I – paragraph 1 – point e

Directive 2010/75/EU
Annex I – paragraph 3 – subparagraph 3 – point 3.6

3.6. Extraction and treatment (operations such as comminution, size control, beneficiation and upgrading) of the following non-energy minerals: (a) barite, bentonite, diatomite, feldspar, fluorspar, graphite, gypsum, kaolin, magnesite, perlite, potash, salt, sulphur and talc; (b) bauxite, chromium, cobalt, copper, gold, iron, lead, lithium, manganese, nickel, palladium, platinum, tin, tungsten and zinc.’;deleted industrial minerals, including metalliferous ores, including

2022/12/21
Committee: ENVI

Alexander BERNHUBER

Proposal for a directive
Annex II

Directive 2010/75/EU
Annex Ia

‘ANNEX Ia Activities referred to in Article 70a 1. installations of 150 livestock units (LSU) or more. 2. following animals: cattle, pigs, poultry, in installations of 150 LSU or more. The approximate equivalent in LSU is based on the conversion rates established in Annex II to Commission Implementing Regulation (EU) No 808/2014*. _______________ * Commission Implementing Regulation (EU) No 808/2014 of 17 July 2014 laying down rules for the application of Regulation (EU) No 1305/2013 of the European Parliament and of the Council on support for rural development by the European Agricultural Fund for Rural Development (OJ L 227, 31.07.2014, p.18).’deleted Rearing of cattle, pigs or poultry in Rearing of any mix of the

2022/12/21
Committee: ENVI