49 Amendments of Anja WEISGERBER related to 2007/0286(COD)
Amendment 67 #
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.
Amendment 70 #
Proposal for a directive
Recital 16
Recital 16
Amendment 74 #
Proposal for a directive
Recital 17
Recital 17
(17) In order to ensure an effective implementation and enforcement of this Directive, operators should regularly report on compliance with permit conditions to the competent authority. Member States should ensure that those conditions are complied with by the operator and that the operator and the competent authority take necessary measures in a case of non- compliance with this Directive and provide for a system of environmental inspections. It is for the Member States to determine the most appropriate enforcement regimes, including how emission limit values should be complied with.
Amendment 89 #
Proposal for a directive
Article 3 – point 5 a (new)
Article 3 – point 5 a (new)
(5a) 'Emission levels associated with best available techniques' means the range of emissions achieved from the application of best available techniques as described in the BAT reference documents during normal conditions of operation and expressed as averages over a period of time.
Amendment 94 #
Proposal for a directive
Article 3 – paragraph 9 – subparagraph 1 a (new)
Article 3 – paragraph 9 – subparagraph 1 a (new)
In determining the best available techniques, special consideration should be given to the items listed in Annex III;
Amendment 96 #
Council position
Article 11 – point h
Article 11 – point h
Amendment 97 #
Council position
Article 11 – point h
Article 11 – point h
(h) the necessary measures are taken upon definitive cessation of activities to avoid any risk of pollution and return the site of operation to the satisfactory state defined in accordance with Article 22a correct state.
Amendment 98 #
Council position
Article 12 – paragraph 1 – point e
Article 12 – paragraph 1 – point e
Amendment 98 #
Proposal for a directive
Article 3 – point 13
Article 3 – point 13
(13) 'emerging technique' means a novel technique for anthat, if industrial activity that, ifly proven and commercially developed, could provide a higher or similar general level of protection of the environment or higher or similar cost savings than existing best available techniques;
Amendment 104 #
Council position
Article 13 – paragraph 5
Article 13 – paragraph 5
5. DThe Commission shall adopt decisions on the BAT conclusions shall be adopted in accordance with the regulatory procedurby means of delegated acts in accordance with Article 76. This shall only be applicable to BAT reference documents for which the review begins after the date referred to in Article 75(2)83.
Amendment 106 #
Proposal for a directive
Article 3 – point 20
Article 3 – point 20
(20) ‘biomass’ means any of the following: (a) products consisting of any vegetable matter from agriculture or forestry which can be used as a fuel for the purpose of recovering its energy content; (b) the following waste used as a fuel: (i) vegetable waste from agriculture and forestry; (ii) vegetable waste from the food processing industry, if the heat generated is recovered; (iii) fibrous vegetable waste from virgin pulp production and from production of paper from pulp, if it is co-incineratedthe biodegradable part of products, waste and residues from agriculture (including vegetal and animal substances), forestry and related industries, as well ats the place of production and the heat generated is recovered; (iv) cork waste; (v) wood waste with the exception of wood waste which may contain halogenated organic compounds or heavy metals as a result of treatment with wood preservatives or coatingbiodegradable part of industrial and municipal waste;
Amendment 113 #
Council position
Article 13 – paragraph 5 a (new)
Article 13 – paragraph 5 a (new)
5a. Where the report referred to in paragraph 5a identifies the need for Union-wide minimum requirements for emission limit values and rules on monitoring and compliance, the Commission shall adopt, by means of delegated acts in accordance with Article 76, minimum requirements for emission limit values and rules on monitoring and compliance for the activities concerned. Minimum requirements shall be set in such a way as to allow for the application of Article 15(4). Before the minimum requirements for emission limit values and rules on monitoring and compliance for the activities concerned are adopted, the Commission shall consult the forum referred to in paragraph 3. The Commission shall provide a report on the information it receives.
Amendment 114 #
Council position
Article 13 – paragraph 5 b (new)
Article 13 – paragraph 5 b (new)
5b. The Commission shall set the minimum requirements for emission limit values, equivalent parameters or technical measures and rules on monitoring and compliance for the activities concerned referred to in paragraph 5a by means of delegated acts in accordance with Article 76. These minimum requirements shall be directed to significant environmental impacts of the activities or installations concerned, and shall be based on BAT- AELs. Minimum requirements shall be set appropriately above the BAT-AELs so that less stringent emission limit values can be established in accordance with the first subparagraph of Article 15(4). Before the minimum requirements for emission limit values and rules on monitoring and compliance for the activities concerned are adopted, the Commission shall consult the forum referred to in Article 13(3) and report on the outcome of the consultations and how these have been taken into account.
Amendment 115 #
Proposal for a directive
Article 3 – point 34 a (new)
Article 3 – point 34 a (new)
(34a) 'Emission levels associated with best available techniques' means the range of emissions achieved from the application of best available techniques as described in the BAT reference documents during normal conditions of operation and expressed as averages over a period of time. The BAT-AELs provide an appropriate reference point to assist in the determination of emission limit values in the permit, and differ from emission limit values as emission limit values also need to take into account monitoring and compliance requirements as well as the technical characteristics, the geographical location and the local environmental conditions of each particular installation.
Amendment 122 #
Council position
Article 14 – paragraph 4
Article 14 – paragraph 4
Amendment 123 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. TWithout prejudice to other requirements laid down in national or Community legislation, the competent authority shall grant a permit ifcontaining conditions guaranteeing that the installation complies with the requirements of this Directive.
Amendment 131 #
Council position
Article 15 – paragraph 4 – subparagraph 1
Article 15 – paragraph 4 – subparagraph 1
By way of derogation from paragraph 3, the competent authority may, in specific cases, on the basis of an 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 limi and without prejudice to Article 18, the competent authority may, as an exception, set less strict emission limit values. Such a derogation may apply only where an assessment demonstrates that: a) the geographical location or the local environmental conditions of the installation concerned prevent the implementation in the whole, or part, of that installation of best available techniques described in the BAT reference documents; or b) the technical characteristics of the installation concerned prevent the implementation in the whole, or part, of that installation of best available techniques described in the BAT reference documents; or c) the economic costs of the implementation of best avalues deviating from those set by the application of paragraph 3. ilable techniques as described in the BAT reference documents would be disproportionally high compared to the environmental benefits.
Amendment 144 #
Council position
Article 15 – paragraph 4 – subparagraph 2
Article 15 – paragraph 4 – subparagraph 2
The competent authority shall providedocument the reasons for the application of the first subparagraph including the result of the assessment and the justification for the conditions imposed in the annex to the permit conditions and publish the permit conditions and the annex on the Internet.
Amendment 144 #
Proposal for a directive
Article 14 – title
Article 14 – title
BAT reference documents and minimum requirements
Amendment 153 #
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The Commission shall adopt BAT reference documents based on the resultsthe outcome of the information exchange referred to in Article 29 as BAT reference documents.
Amendment 154 #
Council position
Article 15 – paragraph 4 – subparagraph 3
Article 15 – paragraph 4 – subparagraph 3
Amendment 154 #
Proposal for a directive
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
(1a) Notwithstanding the provisions of paragraph 4 and Article 68, on the basis of new or updated BAT reference documents the Commission may, where appropriate, make proposals for measures to limit emissions (emission limit values, equivalent parameters or technical measures) and monitoring and compliance requirements as minimum requirements for the industrial activity in question. The Commission may propose to set minimum requirements for specific substances that have been identified to be of EU-wide concern and relevance for the industrial activity concerned. These minimum requirements shall take into account the feasibility of the industry across the EU concerned, and in particular the technical characteristics, cross-media effects, and, where appropriate, lay down transition periods for specific activities. The proposals on such minimum requirements shall be subject to a EU- wide sectoral impact assessment, looking at the various situations in all the Member States The Commission shall in making proposals on minimum requirements consult the relevant stakeholders involved in the information exchange referred to in Article 29. Those measures, designed to amend non- essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 69(2).
Amendment 157 #
Council position
Article 15 – paragraph 4 – subparagraph 3 a (new)
Article 15 – paragraph 4 – subparagraph 3 a (new)
Member States shall ensure that the members of the public concerned are given early and effective opportunities to participate in the decision-making process relating to the granting of the derogation referred to in this paragraph. Every year Member States shall provide the Commission with a report on the derogations granted. The Commission shall publish these reports on the Internet.
Amendment 159 #
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
Amendment 167 #
Council position
Article 21 – paragraph 3
Article 21 – paragraph 3
3.Within five years of publication of Where the Commission publishes decisions on BAT conclusions in accordance with Article 13(5) relating to the main activity of an installation, the competent authority shall ensure that: a) all the permit conditions for the installation concerned areMember States shall ensure that the competent authority reconsidereds and, ifwhere necessary, updateds to ensure compliance with this Directive, in particular, with Article 15(3) and (4), where applicable; b) the installation complies with those permit conditions. The reconsideration shall take into account all the new or updated BAT conclusions applicable to the installation and adopted in accordance with Article 13(5) since the permit was granted or last reconsideredhe permit conditions for the installation concerned within five years of the publication of the reference documents. The first subparagraph shall also apply to any derogation granted in accordance with Article 15(4).
Amendment 176 #
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 by the competent authority without prescribing the use of any technique or specific technology, but taking into account the technical characteristics of the installation concerned, its geographical location and the local environmental conditions, on the basis of the criteria listed in Annex III, and after determination of the best available techniques together with the operator.
Amendment 181 #
Council position
Article 22
Article 22
Article 22 Article deleted
Amendment 185 #
Proposal for a directive
Article 16 – paragraph 2 – subparagraph 2
Article 16 – paragraph 2 – subparagraph 2
Taking account of the technical characteristics of the installation in question, its geographical location and local environmental conditions, the competent authority shall setlay down emission limit values that, equivalent parameters or technical measures and monitoring and compliance requirements in such a way that the resulting emission levels for the installation do not exceed the corresponding emission levels associated with the best available techniques as described in the BAT reference documents.
Amendment 245 #
Proposal for a directive
Article 23
Article 23
Amendment 257 #
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, andlevel of emissions and the emission levels associated with the best available techniques as described in the BAT reference documents.
Amendment 262 #
Proposal for a directive
Article 25 – paragraph 2
Article 25 – paragraph 2
Amendment 263 #
Proposal for a directive
Article 25 – paragraph 3
Article 25 – paragraph 3
Amendment 266 #
Proposal for a directive
Article 25 – paragraph 4 – subparagraph 2
Article 25 – paragraph 4 – subparagraph 2
Those programmes shall include at least one site visit every twelvenot later than every thirty-six months, for each installation, unless those programmes are based on a systematic appraisal of the environmental risks of the particular installations concernedfor particular installations that present high environmental risks, programmes shall include one site visit every twelve months.
Amendment 267 #
Proposal for a directive
Article 25 – paragraph 4 – subparagraph 2
Article 25 – paragraph 4 – subparagraph 2
Those programmes shall include at least one 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 concernednot later than every thirty-six months, for each installation; for particular installations that present high environmental risks, programmes shall include one site visit every twelve months.
Amendment 272 #
Proposal for a directive
Article 25 – paragraph 4 – subparagraph 3
Article 25 – paragraph 4 – subparagraph 3
Amendment 274 #
Proposal for a directive
Article 25 – paragraph 4 – subparagraph 4
Article 25 – paragraph 4 – subparagraph 4
Amendment 277 #
Proposal for a directive
Article 25 – paragraph 6
Article 25 – paragraph 6
6. Non-routine inspections shall be carried out to investigate serious environmental complaints, serious environmental accidents, incidents and occurrences of non-compliance or facts that seriously affect human health as soon as possible and, where appropriate, before the issue, reconsideration or update of a permit.
Amendment 280 #
Proposal for a directive
Article 25 – paragraph 6
Article 25 – paragraph 6
6. Non-routine inspections shall be carried out to investigate serious environmental complaints, serious environmental accidents, incidents and occurrences of non-compliance or facts that seriously affect human health as soon as possible and, where appropriate, before the issue, reconsideration or update of a permit.
Amendment 285 #
Proposal for a directive
Article 25 – paragraph 7
Article 25 – paragraph 7
Amendment 290 #
Council position
Annex I – point 3.5
Annex I – point 3.5
3.5. Manufacture of ceramic products by firing, in particular roofing tiles, bricks, refractory bricks, tiles, stoneware or porcelain, with a production capacity exceeding 75 tonnes per day and/or with a kiln capacity exceeding 4m³ and with a setting density per kiln exceeding 300 kg/m³3
Amendment 305 #
Proposal for a directive
Article 29 – introductory part
Article 29 – introductory part
The Commission shall organise an exchange of information withbetween Member States, the industries concerned, the Commission and non- governmental organisations promoting environmental protection on the following:
Amendment 335 #
Proposal for a directive
Article 38 – paragraph 2 – point a – subpoint i
Article 38 – paragraph 2 – point a – subpoint i
Amendment 388 #
Proposal for a directive
Annex I – point 3.5.
Annex I – point 3.5.
3.5. Manufacture of ceramic products by firing, in particular roofing tiles, bricks, refractory bricks, tiles, stoneware or porcelain, with a production capacity exceeding 75 tonnes per day orand with a setting density per kiln exceeding 300 kg/m3
Amendment 398 #
Proposal for a directive
Annex I – point 5.3. – point d
Annex I – point 5.3. – point d
(d) treatment of slags and ashes not covered by other categories of industrial activities;
Amendment 399 #
Proposal for a directive
Annex I – point 5.3. – point e
Annex I – point 5.3. – point e
Amendment 403 #
Proposal for a directive
Annex I – point 5.3. – point e
Annex I – point 5.3. – point e
(e) treatment of scrap metal not covered by other categories of industrial activities.
Amendment 408 #
Proposal for a directive
Annex I – point 6.4. – point b – subpoint ii
Annex I – point 6.4. – point b – subpoint ii
(ii) vegetable raw materials with a finished product production capacity greater than 300 tonnes per day (average value on a quarterly basis)
Amendment 507 #
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 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 that the emissions of those pollutants can under no circumstances be higher than the prescribed emission limit values.
Amendment 513 #
Annex VI – Part 6 – point 2.5 - subparagraph 2