Activities of Richard SEEBER related to 2007/0286(COD)
Plenary speeches (2)
Integrated pollution prevention and control: industrial emissions, titanium dioxide industry, use of organic solvents, incineration of waste, large combustion plants (debate)
Industrial emissions (integrated pollution prevention and control) (recast) (debate)
Amendments (46)
Amendment 67 #
Council position
Recital 21
Recital 21
(21) In specific cases where permit reconsideration and updating identifies that a longer period than five years after the publication of a decision on BAT conclusions might be needed to introduce new best available techniques, competent authorities may set a longer time period in permit conditions where this is justified, for instance to take into account investment cycles, on the basis of the criteria laid down in this Directive. As with the deviation from emission levels associated with the best available techniques the competent authority shall however make available to the public the reasons justifying the extended period.
Amendment 78 #
Council position
Recital 39
Recital 39
(39) In order to allow the provisions of this Directive to be adapted to scientific and technical progress on the basis of best available techniques, the Commission should be empowered to adopt delegated acts in accordance with Article 290 of the Treaty in respect of the adaptation of certain parts of Annexes V, VI and VII to such scientific and technical progress. In the case of waste incineration plants and waste co-incineration plants, this may inter alia include the establishment of criteria to allow derogations from continuous monitoring of total dust emissions. It is of particular importance that the Commission consult experts during its preparatory work, in accordance with the commitments made in the Commission Communication of 9 December 2009 on the implementation of Article 290 of the Treaty on the Functioning of the European Unionarry out appropriate consultations during its preparatory work, including at expert level.
Amendment 80 #
Council position
Recital 39 a (new)
Recital 39 a (new)
(39a) In order to address distortions of competition within the internal market or significant environmental issues the Commission shall, based on an assessment of the implementation of the best available techniques by certain activities or of the impact of those activities on the environment as a whole, present proposals for Union-wide minimum requirements for emission limit values and rules on monitoring and compliance.
Amendment 91 #
Proposal for a directive
Article 3 – point 5 a (new)
Article 3 – point 5 a (new)
(5a) ‘best available techniques associated emission levels’ mean the representative operation levels of emissions for a certain technique or combination of techniques expressed as averages achievable during a substantial period of time under normal operating conditions by using best available techniques.
Amendment 120 #
Council position
Article 14 – paragraph 1 – subparagraph 2 – point d
Article 14 – paragraph 1 – subparagraph 2 – point d
(d) an obligation to supply the competent authority regularly, and at least annually, with: (i) information on the basis of results of emission monitoring referred to in point (c) and other required data that enables the competent authority to verify compliance with the permit conditions; and (ii) where point (b) of Article 15(3) is applied, a summary of the results of emission monitoring which allows a comparison with the emission levels associated with the best available techniques; The competent authority may request the information referred to in point (i) only every 24 months, provided that no serious breach of permit conditions was identified in the course of an inspection carried out.
Amendment 127 #
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;hree years. For combustion plants covered by Chapter III and with a rated thermal input which is equal to or greater than 50 MW, and plants covered by Chapter IV, the report on compliance shall be provided annually. The first subparagraph shall not apply to waste incineration and waste co- incineration plants with a nominal capacity of less than two tonnes per hour.
Amendment 132 #
Council position
Article 15 – paragraph 4 – subparagraph 1
Article 15 – paragraph 4 – subparagraph 1
4. By way of derogation from paragraph 3, the competent authority may, in specificexceptional 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 loc, set emission limit values deviating from those set by the application of paragraph 3 if: a) the geographical location or the local environmental conditions of the installation concerned prevent the implementation in this installation or part of this installation andof the local environmental conditions, set emission limit values deviating from those set by the application of paragraph 3. best available techniques described in the BAT reference document; or b) the technical characteristics of the installation concerned prevent the implementation in this installation or part of this installation of the best available techniques described in the BAT reference document; or c) the implementation of the best available techniques as described in the BAT reference document would lead to an obvious disparity between economic costs and environmental advantages, which gives reason to reconsider the proportionality of such implementation.
Amendment 155 #
Council position
Article 15 – paragraph 4 – subparagraph 3
Article 15 – paragraph 4 – subparagraph 3
Amendment 164 #
Proposal for a directive
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
2a. Notwithstanding the provisions of Article 68, if the need for Community action, in particular to address a significant need for environmental protection or to avoid the distortion of competition within the internal market, has been identified, the Commission shall, based on the BAT documents, propose measures to limit emissions (emission limit values, equivalent parameters or technical measures) and monitoring and compliance rules as minimum requirements for one or more activities covered by this Chapter.
Amendment 197 #
Proposal for a directive
Article 16 – paragraph 3 – subparagraph 2
Article 16 – paragraph 3 – subparagraph 2
Those emission limit values shall however not exceed the emission limit values set out in Annexes V to VIII, where applicableaccordance with Article 14(3) or, where applicable, in Annexes V to VIII.
Amendment 199 #
Proposal for a directive
Article 16 – paragraph 3 – subparagraph 3
Article 16 – paragraph 3 – subparagraph 3
Amendment 205 #
Proposal for a directive
Article 16 – paragraph 3 – subparagraph 4
Article 16 – paragraph 3 – subparagraph 4
Amendment 213 #
Council position
Article 23 – paragraph 4 – subparagraph 3 – point c
Article 23 – paragraph 4 – subparagraph 3 – point c
(c) participation in the Union eco- management and audit scheme (EMAS) or ISO 14 001.
Amendment 231 #
Proposal for a directive
Article 22 – paragraph 1
Article 22 – paragraph 1
1. Member States shall take the necessary measures to ensure that the competent authority periodically, and at least every ten years, reconsiders all permit conditions and, where necessary to ensure compliance with this Directive, updates those, conditions.
Amendment 237 #
Council position
Article 32 – paragraph 1 – subparagraph 1
Article 32 – paragraph 1 – subparagraph 1
1. During the period from 1 January 2016 to 31 December 202018, Member States may draw up and implement a transitional national plan covering combustion plants which were granted the first permit before 27 November 2002 or the operators of which had submitted a complete application for a permit before that date, provided that the plant was put into operation no later than 27 November 2003. For each of the combustion plants covered by the plan, the plan shall cover emissions of one or more of the following pollutants: nitrogen oxides, sulphur dioxide and dust. For gas turbines, only nitrogen oxides emissions shall be covered by the plan.
Amendment 239 #
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 ofan appropriate period of time after the publication, ensure that the competent authority, where necessary, reconsiders and, updates the permit conditions for the installations concerned.
Amendment 242 #
Council position
Article 32 – paragraph 3 – subparagraph 2
Article 32 – paragraph 3 – subparagraph 2
The ceiling for the year 2016 shall be calculated on the basis of the relevant emission limit values set out in Annexes III to VII to Directive 2001/80/EC or, where applicable, on the basis of the rates of desulphurisation set out in Annex III to Directive 2001/80/EC. In the case of gas turbines, the emission limit values for nitrogen oxides set out for such plants in Part B of Annex VI to Directive 2001/80/EC shall be used. The ceilings for the years 2019 and 2020 shall be calculated on the basis of the relevant emission limit values set out in Part 1 of Annex V to this Directive or, where applicable, the relevant rates of desulphurisation set out in Part 5 of Annex V to this Directive. The ceilings for the years 2017 and 2018 shall be set providing a linear decrease of the ceilings between 2016 and 20198.
Amendment 242 #
Proposal for a directive
Article 22 – paragraph 3 – subparagraph 2
Article 22 – paragraph 3 – subparagraph 2
The first subparagraph shall also apply to any derogation granted in accordance with Article 16(3).
Amendment 248 #
Council position
Article 33 – paragraph 1 – introductory part
Article 33 – paragraph 1 – introductory part
1. During the period from 1 January 2016 to 31 December 20230, combustion plants may be exempted from compliance with the emission limit values referred to in Article 30(2) and with the rates of desulphurisation referred to in Article 31, where applicable, and from their inclusion in the transitional national plan referred to in Article 32 provided that the following conditions are fulfilled:
Amendment 250 #
Council position
Article 33 – paragraph 1 – point a
Article 33 – paragraph 1 – point a
(a) the operator of the combustion plant undertakes, in a written declaration submitted by 1 January 2014 at the latest to the competent authority, not to operate the plant for more than 20 000 operating hours, starting from 1 January 2016 and ending no later than 31 December 20230;
Amendment 257 #
Council position
Article 35 – paragraph 1 – introductory part
Article 35 – paragraph 1 – introductory part
1. Until 31 December 20230, a combustion plant may be exempted from compliance with the emission limit values referred to in Article 30(2) and the rates of desulphurisation referred to in Article 31 provided that the following conditions are fulfilled:
Amendment 259 #
Council position
Article 35 – paragraph 1 – point a
Article 35 – paragraph 1 – point a
(a) the total rated thermal input of the combustion plant does not exceed 20150 MW;
Amendment 262 #
Council position
Article 35 – paragraph 1 – point d
Article 35 – paragraph 1 – point d
(d) the emission limit values for sulphur dioxide, nitrogen oxides and dust laid down in its permit applicable on 31 December 2015, pursuant in particular to the requirements of Directives 2001/80/EC and 2008/1/EC, are at least maintained until 31 December 20230.
Amendment 270 #
Council position
Article 72 – paragraph 1
Article 72 – paragraph 1
1. Member States shall ensure that information is made available to the Commission on the implementation of this Directive, on representative data on emissions and other forms of pollution, on emission limit values, on the application of best available techniques in accordance with Articles 14 and 15, in particular on the granting of exemptions according to Article 15 paragraph 4, and on progress made concerning the development and application of emerging techniques in accordance with Article 27. Member States shall make the information available in an electronic format.
Amendment 282 #
Council position
Article 74 a (new)
Article 74 a (new)
Article 74a Minimum requirements for Annex I activities 1. Notwithstanding the provisions of Article 74, if an assessment of the state of implementation of the best available techniques by the activities set out in Annex I or of the impact of those activities on the environment as a whole demonstrates the need for Union action, the Commission shall, based on the BAT reference documents, present a legislative proposal for setting emission limit values and monitoring and compliance requirements as Union-wide minimum requirements. The emission limit values may be supplemented by equivalent parameters or technical measures where an equivalent level of environmental protection can be achieved by such equivalent parameters. 2. When assessing the need for the minimum requirements referred to in paragraph 1, the Commission shall in particular take into account the information made available by the Member States according to Article 72(1). 3. Before the Commission comes forward with the proposal referred to in paragraph 1, it shall consult experts from the Member States, relevant industry organisations and non-governmental organisations promoting environmental protection and shall report on the outcome of the consultations and how they have been taken into account.
Amendment 291 #
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/m3
Amendment 308 #
Proposal for a directive
Article 31 – paragraph 1
Article 31 – paragraph 1
This chapter shall apply to combustion plants designed for production of energy, the rated thermal input of which is equal to or greater than 520 MW, irrespective of the type of fuel used.
Amendment 315 #
Proposal for a directive
Article 31 – paragraph 2 a (new)
Article 31 – paragraph 2 a (new)
2a. When calculating the total rated thermal input of combustion plants, single units with a rated thermal input below 20 MW shall not be included for the purposes of this calculation.
Amendment 316 #
Proposal for a directive
Article 32 a (new)
Article 32 a (new)
Article 32a Specific measures for smaller combustion plants 1. Until an agreement has been reached in accordance with paragraph 2, Annex V does not apply to combustion plants with a rated thermal capacity below 50 MW. 2. The Commission shall within a reasonable timeframe, but no later than 2012, propose amendments to Annex V comprising emission limit values, monitoring requirements and compliance assessment rules for plants referred to in paragraph 1. Such a proposal shall, if appropriate, contain specific requirements for existing combustion plants involving an adequate transitional period for the compliance with the amended provisions.
Amendment 320 #
Proposal for a directive
Article 33 – paragraph 6
Article 33 – paragraph 6
6. Where a combustion plant is extended, by at least 20 MW, the emission limit values specified in part 2 of Annex V shall apply to the part of the plant affected by the change and shall be set in relation to the rated thermal input of the entire combustion plant.
Amendment 337 #
Proposal for a directive
Article 38 – paragraph 2 – point ba (new)
Article 38 – paragraph 2 – point ba (new)
Amendment 338 #
Proposal for a directive
Article 38 – paragraph 2 a (new)
Article 38 – paragraph 2 a (new)
2a. This chapter shall not apply to thermal treatment of animal fat at its place of origin.
Amendment 344 #
Proposal for a directive
Article 40 – paragraph 2 – point b
Article 40 – paragraph 2 – point b
(b) in the case of waste co-incineration plants, the minimum and maximum mass flows of those hazardous wastes, their lowest and maximum calorific values and their maximum contents of polluting substances (e.g. PCB, PCP, chlorine, fluorine, sulphur, arsenic) and heavy metals and other polluting substances(e.g. Sb, Pb, Cd, Cr, Co, Cu, Ni, Hg, Zn).
Amendment 349 #
Proposal for a directive
Article 47 – paragraph 4 a (new)
Article 47 – paragraph 4 a (new)
(4a) Wastes which are incinerated in waste co-incineration plants shall comply with the requirements of Annex VI, Part 9.
Amendment 350 #
Proposal for a directive
Article 47 – paragraph 5
Article 47 – paragraph 5
5. The competent authority may grant exemptions from paragraphs 2, 3 and 4 to waste incineration plants or waste co- incineration plants which are a part of an installation covered by Chapter II and only incinerate or co-incinerate waste generated within that installation.
Amendment 351 #
Proposal for a directive
Article 48 – paragraph 1
Article 48 – paragraph 1
1. Residues shall be minimised in their amount and harmfulness. Residues shall be trecyclated, where appropriate, directly in the plant or outside.
Amendment 359 #
Proposal for a directive
Article 57 – paragraph 2 a (new)
Article 57 – paragraph 2 a (new)
By way of derogation of Article 8, Member States may decide to require the operator to submit the report only on request of the competent authority.
Amendment 395 #
Proposal for a directive
Annex I – point 5.3. – point a
Annex I – point 5.3. – point a
(a) biological treatment (D8);
Amendment 396 #
Proposal for a directive
Annex I – point 5.3. – point c
Annex I – point 5.3. – point c
Amendment 397 #
Proposal for a directive
Annex I – point 5.3. – point d
Annex I – point 5.3. – point d
Amendment 402 #
Proposal for a directive
Annex I – point 5.3. – point e
Annex I – point 5.3. – point e
(e) treatment ofshredder facilities for scrap metal (R4, R12).
Amendment 505 #
Proposal for a directive
Annex VI – Part 4 – point 3 a (new)
Annex VI – Part 4 – point 3 a (new)
3a. Special provisions for metallurgical furnaces in which waste is co-incinerated 3a.1 The requirements concerning the application of the mixing rule (Annex VI, Part 4, Section 1) in the case of metallurgical furnaces shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 69(2).
Amendment 511 #
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, following technical knowledge and expert judgement, under no circumstances be higher than the prescribed emission limit values.
Amendment 517 #
Annex VI – Part 6 – point 2.5 - subparagraph 2
The competent authority may decide not to require continuous measurements for NOx and require periodic 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, following technical knowledge and expert judgement, under no circumstances be higher than the prescribed emission limit value.
Amendment 523 #
Proposal for a directive
Annex VI – Part 6 – point 2.6 – point c
Annex VI – Part 6 – point 2.6 – point c
(c) the operator can prove on the basis of information on the quality of the waste concerned and the monitoring of the emissions that the emissions are under all circumstances significantly below the emission limit values for heavy metals, dioxins and furans; the quality of the waste concerned may be proven by compliance with the requirements pursuant to Article 47(4a);
Amendment 527 #
Proposal for a directive
Annex VI – Part 8 a (new)
Annex VI – Part 8 a (new)
Part 8a Requirements for waste to be burned in co-incineration plants The Commission shall set input limit values for waste intended for burning in co-incineration plants and appropriate rules on compliance therewith and monitoring. In so doing, it shall respect relevant CEN standards. These measures, which are 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).