10 Amendments of Vittorio PRODI related to 2007/0286(COD)
Amendment 71 #
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 the monitoringaspects of soil and groundwater monitoring necessary to achieve that aim and the operator should remediate the site upon definitive cessation of activities.
Amendment 102 #
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 bycaused by the presence of dangerous substances;
Amendment 136 #
Proposal for a directive
Article 12 – point 8
Article 12 – point 8
(8) the necessary measures are taken upon definitive cessation of activities not only to avoid any risk of pollution andbut also to return the site of operation to thea satisfactory state as defined in accordance with Article 23(2) and (3) .
Amendment 168 #
Proposal for a directive
Article 15 – paragraph 1 – letter d
Article 15 – paragraph 1 – letter d
(d) requirements of periodic monitoring in relation to dangerous substances likely to be found on site having regard to the nature of the activity and the possibility of significant soil and groundwater contamination at the site of the installation;
Amendment 191 #
Council position
Article 22 – paragraph 3 – subparagraph 1
Article 22 – paragraph 3 – subparagraph 1
3. Upon definitive cessation of the activities, the operator shall inform the competent authority and assess the state of the soil and groundwater contamination by relevant hazardous substances used, produced or released by the installation. Where the installation has caused significant pollution of soil or groundwater by relevant hazardous substances compared to the state established in the baseline report referred to in paragraph 2, the operator shall take the necessary measures to address that pollution so as to return the site to that state. For that purpose, the technical feasibility of such measures may bMember States may require the operator to bring the site in a state leading to further improvements of soil and groundwater quality compared to the staken into accounte established in the baseline report.
Amendment 197 #
Council position
Article 22 – paragraph 3– subparagraph 2
Article 22 – paragraph 3– subparagraph 2
Without prejudice to the first subparagraph, upon definitive cessation of the activities, and where the contamination of soil and groundwater at the site poses a significant risk to human health or the environment as a result of the permitted activities carried out by the operator before the permit for the installation is updated for the first time after …* and taking into account the conditions of the site of the installation established in accordance with Article 12(1)(d), the operator shall take the necessary actions aimed at the removal, control, containment or reduction of relevant hazardous substances, so that the site, taking into account its current or approved future use,at least to such an extent that the site ceases to pose such risk.
Amendment 200 #
Council position
Article 22 – paragraph 4
Article 22 – paragraph 4
4. Where the operator is not required to prepare a baseline report referred to in paragraph 2, the operator shall, upon definitive cessation of the activities, take the necessary actions aimed at the removal, control, containment or reduction of relevant hazardous substances, so that the site, taking into account its current or approved future use,at least to such an extent that the site ceases to pose any significant risk to human health or the environment due to the contamination of soil and groundwater as a result of the permitted activities and taking into account the conditions of the site of the installation established in accordance with Article 12(1)(d).
Amendment 217 #
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 dangerous substances shall be carried out at least once every seven yearsyear for ground water and every five years for soil.
Amendment 247 #
Proposal for a directive
Article 23 – paragraph 2
Article 23 – paragraph 2
2. Where the activity involves the use, production or release of dangerous substances having regard to the possibility of significant 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. The Commission shall establish the general criteria on the content of the baseline report. 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 250 #
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 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 in order to avoid any risk to human health and the environment.