46 Amendments of Gyula HEGYI related to 2007/0286(COD)
Amendment 61 #
Proposal for a directive
Recital 5
Recital 5
(5) In order to guarantee the prevention and control of pollution, each installation should operate only if it holds a permit or in the case of certain installations and activities using organic solvents, only if it holds a permit or if it is registered. The overall use of organic solvents should be minimised.
Amendment 65 #
Proposal for a directive
Recital 9
Recital 9
(9) The permit should include all the necessary measures to achieve a high level of protection for the environment as a whole and should also include emission limit values for polluting substances, appropriate requirements to protect the soil and groundwater as well as monitoring requirements and a list of the dangerous substances or preparations used as defined in Council Directive 67/548/EC of 27 June 1967. The conditions of the permit should be set on the basis of best available techniques.
Amendment 68 #
Proposal for a directive
Recital 11
Recital 11
(11) In order to take into account certain specific circumstances, competent authorities should be able to grant derogations to allow emission limit values to exceed the emission levels associated with the best available techniques as described in the BAT reference documents. Such derogations should be based on well defined criteria and should not exceed emission limit values set out in this Directive. No derogations are needed to allow emission limit values to be set below the emission levels associated with the BAT as described in the BAT reference documents.
Amendment 72 #
Proposal for a directive
Recital 16
Recital 16
(16) It is necessary to ensure that the operation of an installation does not lead to a deterioration of the quality of soil and groundwater. Permit conditions should therefore include an appropriathe monitoring of soil and groundwater and the operator should, where necessary, remediate the site upon definitive cessation of activities.
Amendment 95 #
Proposal for a directive
Article 3 – point 9 a (new)
Article 3 – point 9 a (new)
(9a) 'emission levels associated with the best available techniques' means the levels of emissions obtained under normal operating conditions by using best available techniques as described in the BAT reference documents, expressed as an average over a period of time and under given reference conditions;
Amendment 99 #
Proposal for a directive
Article 3 – point 13
Article 3 – point 13
(13) 'emerging technique' means a novel technique for an industrial activity that, if commercially developed, cwould provide a higher general level of protection of the environment or higher cost savings than existing best available techniques;
Amendment 103 #
Proposal for a directive
Article 3 – point 15
Article 3 – point 15
(15) 'baseline report' means quantified information on the state of soil and groundwater contamination by significant amounts of relevant dangerous substances;
Amendment 126 #
Proposal for a directive
Article 8 – point 1
Article 8 – point 1
(1) that the operator provides the competent authority with a report on compliance with the permit conditions at least every twelve months; after five years, if the installation has in each year met all the permit conditions, the reporting period may be extended to 24 months
Amendment 141 #
Proposal for a directive
Article 13 – paragraph 1 – point e a (new)
Article 13 – paragraph 1 – point e a (new)
(ea); the amount of the dangerous substances or preparations used in the installation as defined in Council Directive 67/548/EC of 27 June 1967
Amendment 147 #
Proposal for a directive
Article 14 – title
Article 14 – title
BAT reference documents BAT reference documents and exchange of information
Amendment 150 #
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The Commission shall adopt BAT reference documents based on the results of the information exchange referred to in Article 29. organise an exchange of information with Member States, the industries concerned that are represented in a balanced share by industrial system providers and operators and non-governmental organisations promoting environmental protection on the following: (a) the performance of installations in terms of emissions, pollution, consumption and nature of raw materials, use of energy or generation of waste; (b) the best available techniques used, associated monitoring, and their development. The Commission shall set up an Information Exchange Forum comprised of Member States, the representatives of the industries concerned and non- governmental organisations on the organisation of the exchange of information referred to in paragraph 1. The Commission shall establish guidance for the exchange of information including on the collection of data and the determination of the content of BAT reference documents. An evaluation report shall be published by the Commission. The report shall be accessible on the internet. 1a. Taking into account the opinion expressed by the Information Exchange Forum, the Commission shall adopt new and updated BAT reference documents based on the results of the information exchange referred to in paragraph 1.
Amendment 157 #
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The BAT reference documents shall in particular describe the best available techniques, the associated emission levels, consumption levels and associated monitoring, the monitoring of soil and groundwater and remediation of the site and the emerging techniques, giving special consideration to the criteria listed in Annex III. The Commission shall review and update the BAT reference documents as appropriateor the Member States shall ensure that the chapters defining BAT in the BAT reference documents are made available in the official languages of the EU.
Amendment 169 #
Proposal for a directive
Article 15 – paragraph 1 – letter d
Article 15 – paragraph 1 – letter d
(d) requirements of periodic monitoring in relation to relevant dangerous substances likely to be found in significant amounts on site having regard to the possibility of soil and groundwater contamination at the site of the installation;
Amendment 173 #
Proposal for a directive
Article 15 – paragraph 1 – letter f a (new)
Article 15 – paragraph 1 – letter f a (new)
(fa) suitable requirements to assure that energy is used efficiently.
Amendment 179 #
Proposal for a directive
Article 15 – paragraph 3
Article 15 – paragraph 3
3. BAT reference documents shall be the reference for setting the permit conditions. Competent authorities may set stricter permit conditions than achievable from the use of the best available techniques as described in the BAT reference documents.
Amendment 194 #
Proposal for a directive
Article 16 – paragraph 3 – subparagraph 1
Article 16 – paragraph 3 – subparagraph 1
3. By derogation from the second subparagraph of paragraph 2, the competent authority may, in specific cases, on the basis of anexceptional cases, that result from the assessment of the environmental and economic costs and benefits taking into account the technical characteristics of the installation concerned, its geographical location and the local environmental conditions, set emission limit values that exceed the emission levels associated with the best available techniques as described in the BAT reference documents.
Amendment 198 #
Proposal for a directive
Article 16 – paragraph 3 – subparagraph 2 a (new)
Article 16 – paragraph 3 – subparagraph 2 a (new)
Member States shall ensure that the people concerned are given early and effective opportunities to participate in the decision relating to the granting of the derogation referred to in this paragraph.
Amendment 203 #
Proposal for a directive
Article 16 – paragraph 3 – subparagraph 3
Article 16 – paragraph 3 – subparagraph 3
The Commission mayshall establish criteria for the granting of the derogation referred to in this paragraph.
Amendment 215 #
Proposal for a directive
Article 17 – paragraph 2 – subparagraph 2
Article 17 – paragraph 2 – subparagraph 2
Without prejudice to the first subparagraph, periodic monitoring of groundwater and soil shall be carried out at least once every seven yearsfive or ten years respectively, unless the monitoring is based on a systematic appraisal of the risks of contamination.
Amendment 220 #
Proposal for a directive
Article 17 – paragraph 2 – subparagraph 3
Article 17 – paragraph 2 – subparagraph 3
The Commission mayshall establish criteria foron the determination of the frequency of the periodic monitoringappraisal of the risks of contamination.
Amendment 226 #
Proposal for a directive
Article 18 – paragraph 3 – subparagraph 2
Article 18 – paragraph 3 – subparagraph 2
Where the Commission adopts a new or updated BAT reference document, Member States shall, within four years of publication, where necessary, reconsider and updatereview and update where necessary, the general binding rules for the installations concerned.
Amendment 237 #
Proposal for a directive
Article 22 – paragraph 3 – subparagraph 1
Article 22 – paragraph 3 – subparagraph 1
3. Where the Commission adopts a new or updated BAT reference document, Member States shall, within four years of publication, ensure that the competent authority, where necessary, reconsiders and updatesreconsider and update where necessary, the permit conditions for the installations concerned.
Amendment 244 #
Proposal for a directive
Article 22 – paragraph 4 – letter d a (new)
Article 22 – paragraph 4 – letter d a (new)
(da) where it is necessary to comply with Directive 2001/81/EC of the European Parliament and of the Council on national emission ceilings for certain atmospheric pollutants.
Amendment 248 #
Proposal for a directive
Article 23 – paragraph 2 – subparagraph 1
Article 23 – paragraph 2 – subparagraph 1
2. Where the activity involves the use, production or release of relevant dangerous substances having regard to the possibility of soil and groundwater contamination at the site of the installation, the operator shall prepare a baseline report before starting operation of an installation or before a permit for an installation is updated. That report shall contain the quantified information necessary to determine the initial state of the soil and the groundwater with regard to significant amounts of dangerous substances.
Amendment 252 #
Proposal for a directive
Article 23 – paragraph 3
Article 23 – paragraph 3
3. Upon definitive cessation of the activities, the operator shall assess the state of the soil and groundwater contamination by dangerous substances. Where the installation has caused any measurable pollution by dangerous substances of soil or groundwater compared to the initial state established in the baseline report referred to in paragraph 2, the operator shall remediate the site and return it to that initial state.
Amendment 258 #
Proposal for a directive
Article 24
Article 24
The report on compliance referred to in point (1) of Article 8 shall include a comparison between the operation of the installation, including the level of emissions, and the best available techniques as described in the BAT reference documents. The report shall be accessible on the internet without delay.
Amendment 270 #
Proposal for a directive
Article 25 – paragraph 4 – subparagraph 2
Article 25 – paragraph 4 – subparagraph 2
Those programmes shall include at least one random site visit every twelve months, for each installation, unless those programmes are based on a systematic appraisal of the environmental risks of the particular installations concerned. This frequency shall be increased to one random site visit every four months in the event of breach of permit conditions.
Amendment 278 #
Proposal for a directive
Article 25 – paragraph 6
Article 25 – paragraph 6
6. Non-routine inspections shall be carried out to investigate seriousqualified environmental complaints, serious environmental accidents, incidents and occurrences of non-compliance as soon as possible and, where appropriate, before the issue, reconsideration or update of a permit.
Amendment 282 #
Proposal for a directive
Article 25 – paragraph 7 – subparagraph 2
Article 25 – paragraph 7 – subparagraph 2
The report shall be notified to the operator concerned and made publicly availableccessible on the internet and within two months after the inspection takes place.
Amendment 287 #
Proposal for a directive
Article 26 – paragraph 1 – point d a (new)
Article 26 – paragraph 1 – point d a (new)
(da) the granting of derogations according to Article 16(3).
Amendment 288 #
Proposal for a directive
Article 26 – paragraph 1 – subparagraph 2 a (new)
Article 26 – paragraph 1 – subparagraph 2 a (new)
Non-governmental organisations promoting environmental protection and meeting any requirements under national law shall be deemed to have an interest.
Amendment 292 #
Proposal for a directive
Article 26 – paragraph 3 – subparagraph 1
Article 26 – paragraph 3 – subparagraph 1
3. When a decision on granting, reconsideration or updating of a permit, or on the adoption or updating of general binding rules has been taken, the competent authority shall make accessible on the internet and available to the public without delay the following information:
Amendment 294 #
Proposal for a directive
Article 26 – paragraph 3 – point e
Article 26 – paragraph 3 – point e
Amendment 295 #
Proposal for a directive
Article 26 – paragraph 3 – point f
Article 26 – paragraph 3 – point f
Amendment 297 #
Proposal for a directive
Article 29
Article 29
Amendment 331 #
Proposal for a directive
Article 35 – paragraph 1
Article 35 – paragraph 1
1. Member States shall ensure that the monitoring of air polluting substances is carried out in accordance with Part 3 of Annex V. Member States may require that such monitoring be carried out at the operator's expense.
Amendment 365 #
Proposal for a directive
Article 67 – paragraph 1 – subparagraph 1 a (new)
Article 67 – paragraph 1 – subparagraph 1 a (new)
Member States shall provide information on the derogations granted in accordance with Article 16(3) including the names of the installations concerned and the levels of emissions compared with best available techniques.
Amendment 366 #
Proposal for a directive
Article 67 – paragraph 1 – subparagraph 1 b (new)
Article 67 – paragraph 1 – subparagraph 1 b (new)
The information referred to in the first subparagraph shall be made available in a format to be used for the exchange of information referred to in Article 14.
Amendment 367 #
Proposal for a directive
Article 67 – paragraph 1 – subparagraph 2
Article 67 – paragraph 1 – subparagraph 2
Member States shall develop and regularly upgrade national information systems to make available in an electronic format the information referred to in the first subparagraph. Member States shall make available to the public a summary of the information provided.
Amendment 372 #
Proposal for a directive
Article 68 – paragraph 1
Article 68 – paragraph 1
On the basis of best available techniques the Commission shall adapt Parts 3 and 4 of Annexe V, PartAnnexes 1V, 2, 6, 7 and 8 of Annex VI, Parts1, 5, 6, 7 and 8 of Annex VII and Parts 2 and 4 of AnnexVI, VII, VIII to scientific and technical progress.
Amendment 373 #
Proposal for a directive
Article 68 a (new)
Article 68 a (new)
Article 68a Minimum requirements 1. Minimum requirements to limit emissions (emission limit values) and to set up monitoring and compliance requirements may be adopted where there is evidence that a benefit in terms of protection of human health and the environment would be gained from such minimum requirements. The evaluation of a need for minimum requirements to be set up shall take into account the environmental effects of the industrial activities concerned and the level of application of best available techniques in those activities. Those measures, designed to amend non- essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 69(2) 2. Such minimum requirements shall be directed to the main environmental effects of the activities concerned and shall be set up in line with best available techniques.
Amendment 474 #
Proposal for a directive
Annex V – Part 3 – point 1 - subparagraph 2
Annex V – Part 3 – point 1 - subparagraph 2
The concentration of CO in waste gases from each combustion plants firing gaseous fuels with a rated thermal input of 100 MW or more shall be measured continuously.
Amendment 475 #
Proposal for a directive
Annex V – Part 4 – point 1 – subparagraph 1
Annex V – Part 4 – point 1 – subparagraph 1
1. In the case of continuous measurements, the emission limit values set out in Parts 1 and 2 shall be regarded as having been complied with if the evaluation of the measurement results indicates, for operating hours within a calendar year, that all of the following conditions have been met : (a) no validated monthly average value exceeds the relevant emission limit values set out in Parts 1 and 2; (b) no validated daily average value exceeds 110 % of the relevant emission limit valufigures set out in Parts 1 and 2; (c) in cases of combustion plants composed only of boilers using coal with a rated thermal input below 50 MW, no validated daily average value exceeds 150 % of the relevant emission limit values set out in Parts 1 and 2, (d, and (b) 95 % of all the validated hourly average values over the year do not exceed 200 % of the relevant emission limit valufigures set out in Parts 1 and 2.
Amendment 512 #
Proposal for a directive
Annex VI – Part 6 – point 2.5 - subparagraph 1
Annex VI – Part 6 – point 2.5 - subparagraph 1
2.5. The competent authority may decide not to require continuous measurements for HCI, HF and SO2 in waste in incineration plants or waste co-incineration plants, and require periodic measurements as set out in point 2.1(c) or no measurements if the operator can prove, on the basis of information on the quality of the waste concerned, that the emissions of those pollutants can under no circumstances be higher than the prescribed emission limit values.
Amendment 518 #
Annex VI – Part 6 – point 2.5 - subparagraph 2
The competent authority may decide not to require continuous measurements for NOx and require periodic random measurements as set out in point 2.1(c) in existing waste incineration plants with a nominal capacity of less than 6 tonnes per hour or in existing waste co-incineration plants with a nominal capacity of less than 6 tonnes per hour if the operator can prove on the basis of information on the quality of the waste concerned, the technologies used and the results of the monitoring of emissions that the emissions of NOx can under no circumstances be higher than the prescribed emission limit value. In the event of breach of permit conditions, the competent authority shall require continuous measurements.
Amendment 524 #
Proposal for a directive
Annex VI – Part 6 – point 2.6 – point c a (new)
Annex VI – Part 6 – point 2.6 – point c a (new)
(ca) the operator can prove that no electronic wastes or wastes containing chlorinated compound is treated