49 Amendments of Francesca DONATO related to 2022/0104(COD)
Amendment 21 #
Proposal for a directive
Recital 1
Recital 1
Amendment 22 #
Proposal for a directive
Recital 2
Recital 2
Amendment 24 #
Proposal for a directive
Recital 3
Recital 3
(3) The Union’s extractive industry is key to achieving the aims of the European Green Deal and the EU industrial strategy, including its update. Raw materials are of strategic importance for the digital and green transition, the energy, materials and circular economy transformation and to strengthen EU economic resilience. In order to achieve these objectives, sustainable domestic capacities need to be further developed. This requires effective, tailored and harmonised measures to ensure that the best available techniques are established and employed, thus applying processes that are both the most efficient and have the lowest possible impacts on human health and the environment . The governance mechanisms of Directive 2010/75/EU that closely associate industry experts to the development of consensual and tailored environmental requirements will support the sustainable growth of those activities in the Union. The development and availability of commonly agreed standards will level the Union’s playing field while ensuring a high level of protection of human health and the environment. It is therefore appropriate to include those activities within the scope of Directive 2010/75/EU.
Amendment 26 #
Proposal for a directive
Recital 4
Recital 4
(4) Rearing of pigs, poultry and cattle cause significant pollutant emissions into the air and water. In order to reduce such pollutant emissions, including ammonia, methane, nitrates and greenhouse gas emissions and thereby improve air, water and soil quality, it is necessary to lower the threshold above which pigs and poultry installations are included within the scope of Directive 2010/75/EU and to include also cattle farming within that scope. Relevant BAT requirements take into consideration the nature, size, density and complexity of these installations, including the specificities of pasture based cattle rearing systems, where animals are only seasonally reared in indoor installations, and the range of environmental impacts they may havepartly contributes to pollutant emissions into the air and water. The proportionality requirements in BATs aim to incentivise farmers to implement the necessary transition towards increasingly environmentally friendly agricultural practices.
Amendment 28 #
Proposal for a directive
Recital 6
Recital 6
(6) With a view to further strengthening public access to environmental information, it ishould be necessary to clarify that permits for installationa uniform summary of permits for companies granted pursuant to Directive 2010/75/EU are toshould 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.
Amendment 33 #
Proposal for a directive
Recital 15
Recital 15
(15) Providing a high level of protection of human health and the environment as a whole requires inter alia the establishment in permits of emission limit values at a level that ensures compliance with the applicable emission levels associated with the best available techniques set out in the BAT conclusions. Emission levels associated with the best available techniques (BAT-AELs) are usually expressed as ranges, rather than as single values, to reflect the differences within a given type of installations that result in variations in the environmental performances achieved when applying BAT. For example, a given BAT will not deliver the same performance for different installations, some BATs may not be suitable for use in certain installations, or a combination of BATs may be more effective on some pollutants or environmental media than others. The achievement of a high level of protection of human health and the environment as a whole has been jeopardised by the practice of setting emission limit values at the laxest end of the range of emission levels associated with the best available techniques, without considering the potential of a given installation to achieve lower emission levels through the application of best available techniques. Such practice discourages frontrunners from implementing more effective techniques, and hinders the achievement of a level-playing field at a high level of protection of human health and the environment. Competent authorities should therefore be required to set in permits the lowest possible emission limit values which reflect the performance of BAT for the specific installations, taking into consideration the whole range of BAT-AELs and aiming at the best environmental performance possible for the installations; unless the operator demonstrates that applying best available techniques as described in the BAT conclusions only allows the concerned installation to meeting less strict emission limit values.
Amendment 37 #
Proposal for a directive
Recital 16
Recital 16
(16) The contribution of Directive 2010/75/EU to resource and energy efficiency and circular economy in the Union should be made more effective, taking into consideration the ‘Energy Efficiency First’ as a guiding principle of the Union energy policy. Therefore, the permits should establish, where possible, mandatoryindicative environmental performance limit values on consumption and resource efficiency levels, including on the use of water, energy and recycled materials, based on the environmental performance levels associated with the best available techniques (BAT AEPLs) set out in decisions on BAT conclusions.
Amendment 40 #
Proposal for a directive
Recital 17
Recital 17
(17) With a view to preventing or minimising the emission of pollutants by installations within the scope of Directive 2010/75/EU and to levelling the playing field across the Union, the conditions under which derogations from emissions limit values can be granted should be better framed through general principles, in order to ensure a more harmonized implementation of such derogations throughout the Union. Moreover, derogations from emissions limit values should not be granted where they may put at risk compliance with environmental quality standards.
Amendment 41 #
Proposal for a directive
Recital 24
Recital 24
(24) The evaluation of Directive 2010/75/EU found that, even if it should foster the transformation of European industry, it is not dynamic enough and does not sufficiently support the deployment of innovative processes and technologies. It is therefore appropriate to facilitate the testing and deployment of emerging techniques with improved environmental performance, to facilitate cooperation with researchers and industries in publicly funded research projects subject to the conditions foreseen in the relevant European and national funding instruments, as well as to set up a dedicated centre to support innovation by collecting and analysing information on innovative techniques, including emerging techniques, relevant to activities within the scope of that Directive and to characterise their level of development from research to deployment (technology readiness level or ‘TRL’) and their environmental performance. This willshould also inform the exchange of information on drawing up, reviewing and updating BAT reference documents. Innovative techniques to be collected and analysed by the centre should be at least at the level of technology demonstrated in relevant environment (industrially relevant environment in the case of key enabling technologies) or system prototype demonstration in operation environment (TRL 6-7).
Amendment 42 #
Proposal for a directive
Recital 25
Recital 25
(25) Achieving Union objectives regarding a clean, circular and climate neutral economy by 2050 calls for a deep transformation of the Union economy. Consistently with the 8th Environmental Action Programme, operators of installations covered by Directive 2010/75/EU should therefore be required to include transformation plans in their environmental management systems. Such transformation plans will also complement the Corporate Sustainability Reporting requirements under Directive 2013/34/EU of the European Parliament and of the Council75 by providing a means for concrete implementation of these requirements at installation level. The first priority is the transformation of energy- intensive activities listed in Annex I. Therefore, the operators of energy- intensive installations should produce transformation plans by 30 June 2030. Operators of installations carrying out other activities listed in Annex I should be required to produce transformation plans as part of the permit reconsideration and update following the publication of decisions on BAT conclusions published after 1 January 2030. Whilst tThe transformation plans should remain indicative documents prepared under the responsibility of the operators, the audit organisation contracted by the operators as part of their environmental management systems should check that they contain the minimum information to be set by the European Commission in an implementing act, and the operators should make the transformation plans public. _________________ 75 Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings, amending Directive 2006/43/EC of the European Parliament and of the Council and repealing Council Directives 78/660/EEC and 83/349/EEC; OJ L 182, 29.6.2013, p. 19–76.
Amendment 43 #
Proposal for a directive
Recital 25
Recital 25
(25) Achieving Union objectives regarding a clean, circular and climate neutral economy by 2050 calls for a deep transformation of the Union economy. Consistently with the 8th Environmental Action Programme, operators of installations covered by Directive 2010/75/EU should therefore be required to include transformation plans in their environmental management systems. Such transformation plans will also complement the Corporate Sustainability Reporting requirements under Directive 2013/34/EU of the European Parliament and of the Council75 by providing a means for concrete implementation of these requirements at installation level. The first priority is the transformation of energy- intensive activities listed in Annex I. Therefore, the operators of energy- intensive installations should produce transformation plans by 30 June 2030. Operators of installations carrying out other activities listed in Annex I should be required to produce transformation plans as part of the permit reconsideration and update following the publication of decisions on BAT conclusions published after 1 January 2030. Whilst the transformation plans should remain indicative documents prepared under the responsibility of the operators, the audit organisation contracted by the operators as part of their environmental management systems should check that they contain the minimum information to be set by the European Commission in an implementing act, and the operators should make the transformation plans public. _________________ 75 Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings, amending Directive 2006/43/EC of the European Parliament and of the Council and repealing Council Directives 78/660/EEC and 83/349/EEC; OJ L 182, 29.6.2013, p. 19–76.
Amendment 46 #
Proposal for a directive
Recital 29
Recital 29
Amendment 47 #
Proposal for a directive
Recital 35
Recital 35
Amendment 48 #
Proposal for a directive
Recital 36
Recital 36
(36) When setting emission limit values for polluting substances, the competent authority should consider all substances, including substances of emerging concern, which may be emitted from the concerned installation and may have a significantharmful impact on the environment or human health. In doing so, the hazard characteristics, quantity and nature of the substances emitted and their potential to pollute any environmental media should be considered. The BAT conclusions, where relevant, are the reference point for selecting the substances for which emission limit values are to be set, although the competent authority may decide to select additional substances. Currently, individual polluting substances are listed in a non-exhaustive way in Annex II to Directive 2010/75/EU; which is not compatible with the holistic approach of that Directive and does not reflect the need for competent authorities to take into account all relevant polluting substances, including those of emerging concern. The non-exhaustive list of polluting substances should therefore be deleted. Instead, reference should be made to the list of pollutants in Annex II to Regulation (EC) No 166/200679 . _________________ 79 Regulation (EC) No 166/2006 of the European Parliament and of the Council of 18 January 2006 establishing a European Pollutant Release and Transfer Register (OJ L 33, 4.2.2006, p. 1).
Amendment 61 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point d
Article 1 – paragraph 1 – point 3 – point d
Directive 2010/75/EU
Article 3 – paragraph 1 – point (17)
Article 3 – paragraph 1 – point (17)
(17) ‘the public concerned’ means the public affected or likely to be affected by, or having an interest in, the taking of a decision on the granting or the updating of a permit or of permit conditions; for the purposes of this definition, non- governmental organisations promoting the protection of human health or the environment and meeting any requirements under national law shall be deemed to have an interest;.
Amendment 62 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point e
Article 1 – paragraph 1 – point 3 – point e
Directive 2010/75/EU
Article 3 – paragraph 1 – points (23 a) (new) – (23 b) (new) and (23 c) (new)
Article 3 – paragraph 1 – points (23 a) (new) – (23 b) (new) and (23 c) (new)
Amendment 85 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2010/75/EU
Article 4 – paragraph 1 – subparagraph 2
Article 4 – paragraph 1 – subparagraph 2
Amendment 90 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2010/75/EU
Article 5 – paragraph (4) (new)
Article 5 – paragraph (4) (new)
Member States shall ensure that a summary of each permits granted pursuant to this Article arshall be made available to the public 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 conditions. That summary shall include at least the following:
Amendment 91 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2010/75/EU
Article 5 – paragraph (4) (new)
Article 5 – paragraph (4) (new)
Amendment 92 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2010/75/EU
Article 5 – paragraph (4) (new)
Article 5 – paragraph (4) (new)
Amendment 93 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2010/75/EU
Article 5 – paragraph (4) (new)
Article 5 – paragraph (4) (new)
Amendment 94 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2010/75/EU
Article 5 – paragraph (4) (new)
Article 5 – paragraph (4) (new)
Amendment 95 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2010/75/EU
Article 5 – paragraph (4) (new)
Article 5 – paragraph (4) (new)
Amendment 104 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2010/75/EU
Article 8 – paragraph 2, after letter (c)
Article 8 – paragraph 2, after letter (c)
Where the breach of the permit conditions poses an immediate danger to human health or threatens to causes 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.
Amendment 108 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2010/75/EU
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 117 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point a
Article 1 – paragraph 1 – point 9 – point a
Directive 2010/75/EU
Article 13 – paragraph 1
Article 13 – paragraph 1
1. In order to draw up, review and, where necessary, update BAT reference documents, the Commission shall organise an exchange of information between Member States, the industries concerned, non-governmental organisations promoting environmental protection, the European Chemicals Agency and the Commission.
Amendment 122 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a – point ii
Article 1 – paragraph 1 – point 10 – point a – point ii
Directive 2010/75/EU
Article 14 – paragraph 1 – subparagraph 2 – point (a)
Article 14 – paragraph 1 – subparagraph 2 – point (a)
Amendment 140 #
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Directive 2010/75/EU
Article 14 a – paragraph 1
Article 14 a – 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.
Amendment 147 #
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Directive 2010/75/EU
Article 14 a – paragraph 3
Article 14 a – paragraph 3
3. The EMS of an installation company shall be made available on the Internet, free of charge and without restricting access to registered users..
Amendment 158 #
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2010/75/EU
Article 15 – paragraph 3 – introductory part
Article 15 – paragraph 3 – 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 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:
Amendment 165 #
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2010/75/EU
Article 15 – paragraph 3 a
Article 15 – paragraph 3 a
3a. The competent authority shall set indicative 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).
Amendment 184 #
Proposal for a directive
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Directive 2010/75/EU
Article 18 – first paragraph
Article 18 – first paragraph
Amendment 185 #
Proposal for a directive
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Directive 2010/75/EU
Article 18 – second paragraph
Article 18 – second paragraph
Amendment 218 #
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d (new) – paragraph 1 – first part
Article 27 d (new) – paragraph 1 – first part
Member States shallcould require that by 30 June 2030 the operator includes in its environmental management system referred to in Article 14a a transformation plan for each installationthe company's grouped activities 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 installationcompany 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.
Amendment 223 #
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75 EU
Article 27 d (new) – paragraph 1 – first part
Article 27 d (new) – paragraph 1 – first part
Member States shallcould 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 anythe company grouped activityies as 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 installationcompany 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.
Amendment 226 #
Amendment 237 #
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d (new) – paragraph 2 – first part
Article 27 d (new) – paragraph 2 – first part
Member States shall require that, as part of the reir view 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 outat company level, of any activity listed in Annex I that is not referred to in paragraph 1. The transformation plan shall contain information on how the installationcompany 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.
Amendment 240 #
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d (new) – paragraph 2 – second part
Article 27 d (new) – paragraph 2 – second part
Amendment 248 #
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d (new) – paragraph 3
Article 27 d (new) – paragraph 3
3. The operatorcompany 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.
Amendment 256 #
Proposal for a directive
Article 1 – paragraph 1 – point 24
Article 1 – paragraph 1 – point 24
Directive 2010/75/EU
After Article 70 – new heading
After Article 70 – new heading
Amendment 258 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
New articles 70a to 70i, after the new heading "CHAPTER VIa"
New articles 70a to 70i, after the new heading "CHAPTER VIa"
Amendment 261 #
Proposal for a directive
Article 1 – paragraph 1 – point 27
Article 1 – paragraph 1 – point 27
Directive 2010/75/EU
Article 74
Article 74
Amendment 335 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point e
Article 1 – paragraph 1 – point 3 – point e
Amendment 346 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point e
Article 1 – paragraph 1 – point 3 – point e
Directive 2010/75/EU
Article 3 – paragraph 1 – point 23 c
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)a standard unit of measurement used to compare different animals categories bred in intensive rearing which fall under the scope of this Directive and whose unit coefficients are listed in Annex Ib.
Amendment 1229 #
Proposal for a directive
Article 1 – paragraph 1 – point 24
Article 1 – paragraph 1 – point 24
Directive 2010/75/EU
Chapter VIa – title
Chapter VIa – title
SPECIAL PROVISIONS FOR REARINGTHE MOST POLLUTANT POULTRY, AND PIGS AND CATTLEINTENSIVE REARINGS
Amendment 1264 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Amendment 1376 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70h – paragraph 1 – subparagraph 1 – point a
Article 70h – paragraph 1 – subparagraph 1 – point a
(a) they have a sufficienlegitimate and direct interest;
Amendment 1408 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70i – paragraph 1 – subparagraph 2
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.
Amendment 1462 #
Proposal for a directive
Article 1 – paragraph 1 – point 27
Article 1 – paragraph 1 – point 27
Directive 2010/75/EU
Article 74 – paragraph 2 – subparagraph 1 – introductory part
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 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: