21 Amendments of Edina TÓTH related to 2022/0104(COD)
Amendment 304 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point b
Article 1 – paragraph 1 – point 3 – point b
Directive 2010/75/EU
Article 3 – paragraph 1 – point 12
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, emerging techniques, their description, information to assess their applicability, the emission levels associated with the emerging techniques, the environmental performance levels associated with the emerging techniques, associated monitoring, associated consumption levels and, where appropriate, relevant site remediation measures;;
Amendment 528 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2010/75/EU
Article 11 – paragraph 1 – point f b
Article 11 – paragraph 1 – point f b
Amendment 598 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point b
Article 1 – paragraph 1 – point 9 – point b
Directive 2010/75/EU
Article 13 – paragraph 2 – subparagraph 2
Article 13 – paragraph 2 – subparagraph 2
Without prejudice to Union competition law, information considered as confidential business information or commercially sensitive information shall only be shared with the Commission and with the following individuals having signed a confidentiality and non-disclosure agreement: civil servants and other public employees representing Member States or Union agencies, and representatives of non- governmental organisations promoting the protection of human health or the environment and representatives of non- governmental organisations representing the industrial sectors. The exchange of information considered as confidential business information or sensitive commercial information shall remain limited in time and content to what is required to draw up, review and, where necessary, update BAT reference documents, and such confidential business information or sensitive commercial information shall not be used for other purposes. and such sensitive or commercial information shall not be used for other purposes. The Commission, the Member State competent authorities, representatives of industrial sectors and non-governmental organisations representing the industrial sectors as well as representatives of non- governmental organisations shall ensure that any confidential business information and commercially sensitive information in their possession is securely stored so that unauthorized access is prevented and its confidential and sensitive character is protected. They shall keep any such information no longer than strictly necessary for the purposes for which it was collected, and any such information collected for purposes of preparing a BAT reference document shall be properly discarded and deleted within one year after adoption of the BAT reference document concerned.
Amendment 649 #
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
emission limit values for polluting substances listed in Annex II of Regulation (EC) No 166/2006*the relevant BREF document of the activity, and for other polluting substances, which are likely to be emitted from the installation concerned in significant quantities, having regard to their nature and their potential to transfer pollution from one medium to another;
Amendment 712 #
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Directive 2010/75/EU
Article 14a – paragraph 1 – subparagraph 2a (new)
Article 14a – paragraph 1 – subparagraph 2a (new)
Implementation and adherence to an internationally accepted standardised system such as the European Union eco- management and audit scheme (EMAS) or the EN ISO 14001, can give higher credibility to the EMS especially when subject to a properly performed external verification.
Amendment 717 #
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Directive 2010/75/EU
Article 14a – paragraph 2 – point a – introductory part
Article 14a – paragraph 2 – point a – introductory part
(a) indicative environmental policy objectives for the continuous improvement of the environmental performance and safety of the installation, which shall include measures to:
Amendment 742 #
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Directive 2010/75/EU
Article 14a – paragraph 2 – point b
Article 14a – paragraph 2 – point b
(b) indicative objectives and performance 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;
Amendment 744 #
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Amendment 773 #
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2010/75/EU
Article 15 – paragraph 1 – subparagraph 2 – introductory part
Article 15 – paragraph 1 – subparagraph 2 – introductory part
With regard to indirect releases of polluting substances into water, the effect of a waste water treatment plant outside the installation mayshall be taken into account when determining the emission limit values of the installation concerned, provided that the operator ensures that all of the following requirements are fulfilled:
Amendment 805 #
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2010/75/EU
Article 15 – paragraph 3 – subparagraph 1 – introductory part
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 of the BAT-AEL range and demonstrating the best performance the installation can achieve by applying BAT as described in BAT conclusionstrictest emission limit value possible to reach by the installation under normal operating conditions by applying BAT as described in BAT conclusions while taking into account the overall environmental performance of the installation including cross media effects. The emission limit values shall be set through either of the following:
Amendment 838 #
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2010/75/EU
Article 15 – paragraph 3a
Article 15 – paragraph 3a
3a. The competent authority shallmay 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).
Amendment 845 #
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2010/75/EU
Article 15– paragraph 4 – subparagraph 1 – introductory part
Article 15– paragraph 4 – subparagraph 1 – introductory part
By way of derogation from paragraph 3 and 3a, and without prejudice to Article 18, the competent authority may, in specific cases, set less strict emission limit values or less strict environmental performance limit values. Such a derogation may apply only where an assessment shows that the achievement of emission levels or environmental performance limit values associated with the best available techniques as described in BAT conclusions would lead to disproportionately higher costs compared to the environmental benefits due to:
Amendment 1033 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2010/75/EU
Article 27 – paragraph 1
Article 27 – paragraph 1
Member States shall, where appropriate, encourage the development and application of emerging techniques, in particular where such techniques have been identified inby the BAT conclusions, the BAT reference documents or the findings of the innovation centre for industrial transformation and emissions referred to in Article 27ainnovation centre for industrial transformation and emissions (‘INCITE’) referred to in Article 27a and included in the BAT reference documents. Member States may, where appropriate, encourage the application of emerging techniques where such techniques have been identified in the BAT conclusions.
Amendment 1053 #
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 b – paragraph 1
Article 27 b – paragraph 1
Without prejudice to Article 18, the competent authority may grant temporary derogations from the requirements set out in Article 15(2) and (3) and from the principles set out in Article 11, points (a) and (b), for the testing of emerging techniquesinnovative techniques, including emerging techniques identified by the innovation centre for industrial transformation and emissions (‘INCITE’) referred to in Article 27a for a total period of time not exceeding 2436 months, provided that after the period specified either the technique is stopped or the activity achieves at least the emission levels associated with the best available techniques.
Amendment 1099 #
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d – paragraph 1 – subparagraph 1
Article 27 d – paragraph 1 – subparagraph 1
Member States shall require that by 30 June 2030 the operator includes in its environmental management system referred to in Article 14a a transformation plan for each installation carrying out any activity listed in points 1, 2, 3, 4, 6.1 a, and 6.1 b of Annex I to develop an indicative transformation plan. The transformation plan shall contain information on how the installation willcompany would 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 1118 #
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d – paragraph 1 – subparagraph 2 a (new)
Article 27 d – paragraph 1 – subparagraph 2 a (new)
Amendment 1138 #
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
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 installationdevelops an indicative transformation plan at company level carrying out any activity listed in Annex I that is not referred to in paragraph 1. The indicative transformation plan shall contain information on how the installation willcompany would 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 1149 #
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d – paragraph 2 – subparagraph 2
Article 27 d – paragraph 2 – subparagraph 2
Member States shall take the necessary measures to ensure that the audit organisation contracted by the operator as part of its environmental management system assesses the conformity of the indicative 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.
Amendment 1166 #
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d – paragraph 3
Article 27 d – paragraph 3
3. The operator shall make itsa summary of its indicative 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 1457 #
Proposal for a directive
Article 1 – paragraph 1 – point 27
Article 1 – paragraph 1 – point 27
Directive 2010/75/EU
Article 74 – paragraph 2
Article 74 – paragraph 2
Amendment 1503 #
Proposal for a directive
Article 1 – paragraph 1 – point 31
Article 1 – paragraph 1 – point 31
Directive 2010/75/EU
Article 79 – paragraph 2
Article 79 – paragraph 2
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 proportionate to the nature and consequence of the illegal conduct reflecting the Member State concerned.environmental value and the cost of damage.’