114 Amendments of Sirpa PIETIKÄINEN related to 2022/0104(COD)
Amendment 284 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a d (new)
Article 1 – paragraph 1 – point 3 – point a d (new)
Directive 2010/75/EU
Article 3 – paragraph 1 – point 6
Article 3 – paragraph 1 – point 6
(ad) In Article 3, paragraph 1, point 6 is replaced as follows: (6) ‘environmental quality standard’ means the set of requirements and protection objectives which must be fulfilled at a given time by or into a given environment or particular part thereof, as set out in Union lawor international law, including, but not limited to related quality standards, emission ceilings, target values and other objectives, including those set within plans and programmes such as the National Air Pollution and Control Programmes, National Climate and Energy Plans. It also includes relevant pollution prevention standards such as those set out in the latest WHO air quality guidelines and the climate target of 1.5°C under the Paris Agreement;
Amendment 288 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a e (new)
Article 1 – paragraph 1 – point 3 – point a e (new)
Directive 2010/75/EU
Article 3 – paragraph 1 – point 6 a (new)
Article 3 – paragraph 1 – point 6 a (new)
(ae) In Article 3, paragraph 1, point 6a (new) is inserted: (6a) ‘Areas in need of specific protection’ means natural habitats or water bodies accorded protection under Union or international law including the obligation to prevent further deterioration related to the objectives under such law, or other sensitive areas or vulnerable zones designated by Union law or other sensitive receptors;
Amendment 292 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a g (new)
Article 1 – paragraph 1 – point 3 – point a g (new)
Directive 2010/75/EU
Article 3 – paragraph 1 – point 9
Article 3 – paragraph 1 – point 9
Amendment 297 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a h (new)
Article 1 – paragraph 1 – point 3 – point a h (new)
Directive 2010/75/EU
Article 3 – paragraph 1 – point 10 – introductory part
Article 3 – paragraph 1 – point 10 – introductory part
(ah) In Article 3, paragraph 1, point 10, introductory part is replaced as follows: (10) ‘best available techniques’ means the most effective and advanced stage in the development of activities and their methods of operation which indicates the practical suitability of particular techniques for providing the basis for emission limit values and other permit conditions designed to prevent and, where that is not practicable, to reduce emissions and the impact on the environment as a whole, consistent with the zero-pollution ambition
Amendment 298 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a h (new)
Article 1 – paragraph 1 – point 3 – point a h (new)
Directive 2010/75/EU
Article 3 – paragraph 1 – point 10 – point a
Article 3 – paragraph 1 – point 10 – point a
(ah) technology usedIn Article 3, paragraph 1, point 10, point a is replaced as follows: (a) ‘techniques’ includes both the ‘techniques’ includes both the technology used to conduct the activity and the way in which the installationactivity is designed, built, maintained, operated and decommissioned;
Amendment 299 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a h (new)
Article 1 – paragraph 1 – point 3 – point a h (new)
Directive 2010/75/EU
Article 3 – paragraph 1 – point 10 – point b
Article 3 – paragraph 1 – point 10 – point b
(ah) In Article 3, paragraph 1, point 10, point b is replaced as follows: (b) ‘available techniques’ means those developed or soon to be developed on a scale which allows implementation in the relevant industrial sector, under economically and technically viable conditions, taking into consideration the costs and advantages,full internalisation of external costs and wider societal benefits from its potential deployment, irrespective of whether or not the techniques are used or produced inside the Member State in question, as long as they are reasonably accessible to the operatorUnion. The long-term sustainability, local resource use resilience and workers impact shall be considered;
Amendment 300 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a h (new)
Article 1 – paragraph 1 – point 3 – point a h (new)
Directive 2010/75/EU
Article 3 – paragraph 1 – point 10 – point c
Article 3 – paragraph 1 – point 10 – point c
(ah) In Article 3, paragraph 1, point 10, point c is replaced as follows: (c) ‘best’ means most effective in achieving a high general level of protection of the environment as a whole, including human health and climate protection. The determination of BAT shall comply strictly to the criteria and key performance indicators listed in its Annex III and assume the maximum technical feasibility of pollution prevention performance of the techniques considered;
Amendment 311 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point c
Article 1 – paragraph 1 – point 3 – point c
Directive 2010/75/EU
Article 3 – paragraph 1 – point 13 a
Article 3 – paragraph 1 – point 13 a
(13a) ‘environmental performance levels associated with the best available techniques’ means the range of environmental performance levels, except emission levels, obtained under normal operating conditions using a BAT or a combination of BATs, including, but without being limited to: (a) consumption levels; (b) resource efficiency levels and reuse levels covering materials, water and energy resources; (c) waste prevention and other levels obtained under specified reference conditions;.
Amendment 381 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point f
Article 1 – paragraph 1 – point 3 – point f
Directive 2010/75/EU
Article 3 – paragraph 1 – point 53 – introductory part
Article 3 – paragraph 1 – point 53 – introductory part
(53) ‘‘benchmarks’ means the indicative range of environmental performance levels associated with the most effective best available techniques, other than emission levels, and mayshall include, at least, but without being limited to:
Amendment 391 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point f
Article 1 – paragraph 1 – point 3 – point f
Directive 2010/75/EU
Article 3 – paragraph 1 – point 53 – point b
Article 3 – paragraph 1 – point 53 – point b
(b) resource efficiency levels and reuse levels covering materials, water and energy resources including its sustainability profile;
Amendment 397 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point f
Article 1 – paragraph 1 – point 3 – point f
Directive 2010/75/EU
Article 3 – paragraph 53 - point e
Article 3 – paragraph 53 - point e
(e) waste levelprevention and other levels obtained under specified reference conditions.
Amendment 420 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 a (new)
Article 1 – paragraph 1 – point 4 a (new)
Directive 2010/75/EU
Article 5 – paragraph 1
Article 5 – paragraph 1
In Article 5, paragraph 1 is replaced as follows: 1. Without prejudice to other requirements laid down in national or Union law and the requirements of this Directive, the competent authority shall granconduct a pzermit if the installation complies with the requirements of this Directiveo-pollution ambition compatibility assessment ensuring that the industrial activity, subject to be permitted, complies with relevant environmental and climate objectives set under the European Green Deal (COM (2019) 640 final ) and does not exceed the planetary boundaries. The validity of an operating permit shall not exceed 8 years.
Amendment 421 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 b (new)
Article 1 – paragraph 1 – point 4 b (new)
Directive 2010/75/EU
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
In Article 5, paragraph 1 a (new) is added: 1a. The competent authority shall ensure that the continued operation of the industrial activity does not compromise the achievement of the objectives set out under paragraph 1. Where the attainment of those objectives may be compromised, the granting of an operating permit shall be refused, or for existing activities, withdrawn.
Amendment 422 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 c (new)
Article 1 – paragraph 1 – point 4 c (new)
Directive 2010/75/EU
Article 5 – paragraph 1 b (new)
Article 5 – paragraph 1 b (new)
In Article 5, paragraph 1b (new) is added: 1b. Member States shall take the necessary measures to ensure at least the following: (a) As of 1 January 2023, any combustion of fuels in installations listed in Annex I shall not result in greenhouse gas emissions exceeding 250gCO2e/kWh. This threshold shall be set at 100gCO2eq/kWh as of 1 January 2035, and at 0gCO2e/kWh at the latest by 2040; (b) As from 1 January 2040, the resulting greenhouse gas emissions of any fossil input used, including as feedstock, shall not exceed 40kg CO2eq/GJ output. During the period of 1 January 2030 to 1 January 2050, the resulting greenhouse gas emissions of any fuel used shall be a linear decrease, where the target of 1 January 2030 is 78kg CO2eq/GJ output and the 1 January 2050 target shall be 0kg CO2eq/GJ output; (c) The production of fuels of fossil origin for activities listed in points 1.2, 1.3 or 1.4 of Annex I cannot be considered BAT under any circumstances as from January 2040. The Commission shall by [OP please insert date = the first day of the month following 24 months after the date of entry into force of this Directive] adopt a delegated act in accordance with Article 76 to supplement this Directive by establishing further measures and reference points to be used. Those rules may exclude minor source, propose differentiated measures for activities where there is an overriding interest of a product / service and no technical feasibility to achieve those levels. The rules shall detail the methods and verification schemes applicable.
Amendment 429 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2010/75/EU
Article 5 – paragraph 4 – subparagraph 1 – introductory part
Article 5 – paragraph 4 – subparagraph 1 – introductory part
4. Member States shall ensure that permitthe content of permit conditions granted pursuant to this Article are comparable and made available on the Internet, free of charge and without restricting access to registered users, no later than a month after its signature by competent authorities. In addition, a summary of each permit shall be made available to the public under the same conditions. That summary shall include at least the following:
Amendment 441 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2010/75/EU
Article 5 – paragraph 4 – subparagraph 1 – point e a (new)
Article 5 – paragraph 4 – subparagraph 1 – point e a (new)
(ea) the name and email of the specific authority or body responsible for information requests and complaints.
Amendment 443 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2010/75/EU
Article 5 – paragraph 4 – subparagraph 2
Article 5 – paragraph 4 – subparagraph 2
The Commission shall adopt an implementing act to establish the format to be used for the summary referred to in the second subparagraph.electronic reporting of permit conditions applied and summary referred to in the second subparagraph. The permit conditions shall be comparable at sector and Union level and made available to the public, through direct electronic reporting and integration within the Portal [OP please insert link/reference to adopted Regulation establishing the Industry Portal] under the shortest technically possible timeline, not exceeding 1 month after the information has been generated That implementing act shall be adopted in accordance with the examination procedure referred to in Article 75(2)..
Amendment 492 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 a (new)
Article 1 – paragraph 1 – point 6 a (new)
(6a) In Article 9, paragraph 1 is replaced as follows: 1. Where emissions of a greenhouse gas from an installation are specified in Annex I to Directive 2003/897/EC in relation to an activity carried out in that installation, the permit shall not include an and are equal to or lower than the relative product benchmark as set out in Commission Delegated Regulation (EU) 2019/3311a in relation to an activity carried out in that installation, the Member State may choose not to impose emission limit values for direct emissions of that gas, unless necessary to ensure that no significant local pollution is caused. the climate targets set out in Regulation (EU) 2021/11191b are achieved and that no significant pollution is caused.. __________________ 1a Commission Delegated Regulation (EU 2019/331 determining transitional Union- wide rules for harmonised free allocation of emission allowances pursuant to Article 10a of Directive 2003/87/EC of the European Parliament and of the Council, OJ 27.2.2019 L59/8 1b Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU)2018/1999 (‘European Climate Law’)
Amendment 540 #
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 c a (new)
Article 11 – paragraph 1 – point f c a (new)
(fca) the necessary measures are taken to transform the installation during the 2030-2050 period in order to contribute to the emergence of a sustainable, clean, circular and climate-neutral economy by 2050;
Amendment 560 #
Proposal for a directive
Article 1 – paragraph 1 – point 8 – a (new)
Article 1 – paragraph 1 – point 8 – a (new)
Directive 2010/75/EU
Article 12 – paragraph 1 – point k - subparagraph 1
Article 12 – paragraph 1 – point k - subparagraph 1
in Article 12, paragraph 1, point k is replaced as follows: (k) the main alternatives to the proposed technology, techniques and measures studied by the applicant in outline, demonstrating that the chosen alternative is the least polluting means available to produce the intended product or services.
Amendment 566 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point a
Article 1 – paragraph 1 – point 9 – point a
Directive 2010/75/EU
Article 13 – paragraph 1
Article 13 – paragraph 1
1. In order to draw up, review and, where necessary, update BAT reference documents, the Commission shall organise an exchange of information between Member States, the industries concerned, non-governmental organisations promoting environmental protection, the (ensuring especially the representation of providers of the most effective techniques and/or emerging techniques, as well as operators that have implemented such techniques), non-governmental organisations promoting environmental protection, non-governmental organisations promoting the protection of human health, the European Environmental Agency, European Chemicals Agency and the Commission.
Amendment 578 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point a a (new)
Article 1 – paragraph 1 – point 9 – point a a (new)
Directive 2010/75/EU
Article 13 – paragraph 2 – point a
Article 13 – paragraph 2 – point a
Amendment 581 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 b (new)
Article 1 – paragraph 1 – point 9 b (new)
Directive 2010/75/EU
Article 13 – paragraph 2 –point a a (new)
Article 13 – paragraph 2 –point a a (new)
(9a) In Article 13, paragraph 2, subparagraph 2, point aa (new) is inserted: (aa) the performance of installations and techniques in terms of circularity aspects, considering at least the use of secondary raw materials; the efficient use of resources (including energy), industrial symbiosis applications;
Amendment 584 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 a c (new)
Article 1 – paragraph 1 – point 9 a c (new)
(9b) In Article 13, paragraph 2, point ab (new) is inserted: (ab) the performance of installations and techniques in terms of prevention or, where this is not practicable, reduction of environmental impacts of the overall life- cycle of the supply chain, by considering at least the environmental footprint of the installations’ feedstocks (including energy sourcing) and related upstream processes as well as wider environmental sustainability issues linked with the activity;
Amendment 587 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 point a d (new)
Article 1 – paragraph 1 – point 9 point a d (new)
Directive 2010/75/EU
Article 13 – paragraph 2 – point b
Article 13 – paragraph 2 – point b
(b) the techniques used, associated monitoring9c) In Article 13, paragraph 2, point b is replaced by the following: (b) the techniques used and potential alternatives to deliver the best ratio of environmental impact versus public service or product provided by the industrial activity, associated monitoring of environmental performance, cross- media effects, economic and technical viability and developments therein;
Amendment 589 #
Proposal for a directive
Article 1 – paragraph 1 – point a d (new)
Article 1 – paragraph 1 – point a d (new)
Directive 2010/75/EU
Article 13 – paragraph 2 – point b a (new)
Article 13 – paragraph 2 – point b a (new)
(9d) In Article 13, paragraph 2, point ba (new) is inserted: (ba) best practices regarding the public access (and use) of monitoring information, accuracy and comparability of performance information for the purpose of benchmarking and compliance promotion;
Amendment 595 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 a h (new)
Article 1 – paragraph 1 – point 9 a h (new)
Directive 2010/75/EU
Article 13 – paragraph 2 – point c
Article 13 – paragraph 2 – point c
(In Article 13, paragraph 2, subparagraph 2, point c is revised as follows (c) best available techniques and emerging techniques identified after considering the issues mentioned in points (a) and (b) according to the criteria set out in Annex III.
Amendment 596 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – a h (new)
Article 1 – paragraph 1 – point 9 – a h (new)
Directive 2010/75/EU
Article 13 – paragraph 2 – point c a (new)
Article 13 – paragraph 2 – point c a (new)
Amendment 597 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 a h (new)
Article 1 – paragraph 1 – point 9 a h (new)
Directive 2010/75/EU
Article 13 – paragraph 2 – point c b (new)
Article 13 – paragraph 2 – point c b (new)
In Article 13, paragraph 2, point c b (new) is inserted: Information validated as constituting confidential business information protected by law should be shared with representatives that do not have a conflicting interest with the industry concerned, such as representatives of the Commission, 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. The industry concerned stakeholder group may appoint a third-party representative in order to exchange information considered as confidential business information limited to what is required to draw up, review and, where necessary, update BAT reference documents. Any information that relates to environmental performance of an installation, including impacts to the environment due to consumption of resources, shall be regarded as non-confidential for which an overriding interest of disclosure through the Portal exists.
Amendment 614 #
Proposal for a directive
Article 1 – paragraph 1 – point b a (new)
Article 1 – paragraph 1 – point b a (new)
Directive 2010/75/EU
Article 13 – paragraph 3 – subparagraph 1
Article 13 – paragraph 3 – subparagraph 1
In Article 13, paragraph 3, subparagraph 1 is replaced as follows: 3. The Commission shall establish and regularly convene a forum composed of a balanced representation between representatives of Member States, the industries concerned and non- governmental organisations promoting environmental protectionprotection of human health and/or the environment.
Amendment 618 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 b c (new)
Article 1 – paragraph 1 – point 9 b c (new)
Directive 2010/75/EU
Article 13 – paragraph 3 – subparagraph 2 – point a
Article 13 – paragraph 3 – subparagraph 2 – point a
Amendment 620 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 b d (new)
Article 1 – paragraph 1 – point 9 b d (new)
In Article 13, paragraph 3, subparagraph 2, point aa (new) is added: (aa) measures to ensure a balanced number of representatives between the industries concerned and the non- governmental organisations promoting the protection of human health and/or the environment;
Amendment 623 #
Proposal for a directive
Article 1 – paragraph 1 – point b e (new)
Article 1 – paragraph 1 – point b e (new)
Directive 2010/75/EU
Article 13 – paragraph 3 – subparagraph 2 – point c
Article 13 – paragraph 3 – subparagraph 2 – point c
Amendment 627 #
Proposal for a directive
Article 1 – paragraph 1 – point b f (new)
Article 1 – paragraph 1 – point b f (new)
Directive 2010/75/EU
Article 13 – paragraph 3 – subparagraph 2 – point d
Article 13 – paragraph 3 – subparagraph 2 – point d
In Article 13, paragraph 3, subparagraph 2, point d is replaced as follows: (d) guidance on the drawing up of BAT reference documents and on their quality assurance including the suitability of their content and format, including the avoidance of a conflict-of-interest with affected industry situation in the selection of BREF authors or TWG membership;
Amendment 628 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 b f (new)
Article 1 – paragraph 1 – point 9 b f (new)
Directive 2010/75/EU
Article 13 – paragraph 3 – subparagraph 2 – point d a (new)
Article 13 – paragraph 3 – subparagraph 2 – point d a (new)
In Article 13, paragraph 3, subparagraph 2, point da (new) is added: (da) implementation issues linked to the BAT uptake or other IED provisions.
Amendment 632 #
Proposal for a directive
Article 1 – paragraph 1 – point b h (new)
Article 1 – paragraph 1 – point b h (new)
Directive 2010/75/EU
Article 13 – paragraph 3 – subparagraph 2 a (new)
Article 13 – paragraph 3 – subparagraph 2 a (new)
Amendment 634 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 c (new)
Article 1 – paragraph 1 – point 9 c (new)
Directive 2010/75/EU
Article 13 – paragraph 3 a (new)
Article 13 – paragraph 3 a (new)
Amendment 636 #
Proposal for a directive
Article 1 – paragraph 1 – point d (new)
Article 1 – paragraph 1 – point d (new)
In Article 13, paragraph 4 is replaced as follows: 4. The Commission shall obtain and make publicly available the opinion of the forum on the proposed content of the BAT reference documents within one month from its delivery on an easy to find webpage and shall take into account this opinion, explicitly listing which Member State supported / opposed which change on the proposed content of the BAT reference documents and shall adopt opinions that received approval by the ZPA scrutiny board for the procedures laid down in paragraph 5
Amendment 654 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a – point iii – point 1 (new)
Article 1 – paragraph 1 – point 10 – point a – point iii – point 1 (new)
Directive 2010/75/EU
Article 14 – paragraph 1 – subparagraph 2 – point a a b (new)
Article 14 – paragraph 1 – subparagraph 2 – point a a b (new)
In Article 14, paragraph 1, subparagraph 2, the following point (ab new) is inserted: (aab) other measures, including on greenhouse gas emissions, taken as a result of the transformation plan
Amendment 669 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a – point vi – point 1 (new)
Article 1 – paragraph 1 – point 10 – point a – point vi – point 1 (new)
Directive 2010/75/EU
Article 14 – paragraph 1 – subparagraph 2 – point b c a (new)
Article 14 – paragraph 1 – subparagraph 2 – point b c a (new)
In Article 14, paragraph 1, subparagraph 2, point bca (new) is inserted (bca) monitoring requirements for the progress towards the fulfilment of the objectives and targets of the transformation plan, using the performance indicators included therein;
Amendment 674 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a – point vii – point 1 (new)
Article 1 – paragraph 1 – point 10 – point a – point vii – point 1 (new)
Amendment 678 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a – point vii – point 2 (new)
Article 1 – paragraph 1 – point 10 – point a – point vii – point 2 (new)
Directive 2010/75/EU
Article 14 – paragraph 1 – subparagraph 2 – point d – subpoint i
Article 14 – paragraph 1 – subparagraph 2 – point d – subpoint i
(2) In Article 14, paragraph 1, subparagraph 2, point d, subpoint i is replaced as follows: (i) information on the basis of results of emission monitoring referred to in point (c) and other required data that enables the competent authority and the public to verify compliance with the permit conditions; and
Amendment 682 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a – point vii
Article 1 – paragraph 1 – point 10 – point a – point vii
Directive 2010/75/EU
Article 14 – paragraph 1 – subparagraph 2 – point d – subpoint iii
Article 14 – paragraph 1 – subparagraph 2 – point d – subpoint iii
(iii) information on progress towards fulfilment of the environmental policy objectives referred to in Article 14a and targets of the transformation plan referred to in Article 27d. Such information shall be made public;
Amendment 688 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a – point viii a (new)
Article 1 – paragraph 1 – point 10 – point a – point viii a (new)
Directive 2010/75/EU
Article 14 – paragraph 1 – subparagraph 2 – point f
Article 14 – paragraph 1 – subparagraph 2 – point f
(viiia) In Article 14, paragraph 1, subparagraph 2, point f is replaced as follows: (f) measures relating to conditions other than normal operating conditions such as start-up and shut-down operations, leaks, malfunctions, momentary stoppages, including unforeseeable start-up and shut down operations and other cases of force majeure, and definitive cessation of operations;
Amendment 715 #
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) environmental policy objectives, measures and indicators for the continuous improvement of the environmental performance and safety of the installation, which shall include measures to:
Amendment 720 #
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 – point i
Article 14a – paragraph 2 – point a – point i
(i) prevent the generation of waste; November all core environmental performance indicators as described in Annex IV of Regulation (EC) 1221/2009*; Or. en (*Regulation (EC) no 1221/2009 onf the voluntary participation in a Community eco-management and auditEuropean Parliament and of the Council of 25 scheme (EMAS), repealing Regulation (EC) No 761/2001 and Commission Decisions 2001/681/E and 2006/193/EC. OJ L 342 22.12.2009, p.1)
Amendment 726 #
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 – point ii
Article 14a – paragraph 2 – point a – point ii
(ii) optimise resource use and water reusemeasures to prevent or reduce risks associated with the manufacture or use of hazardous substances;
Amendment 739 #
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) 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, e.g., the environmental footprint of the plant’s feedstocks, and the feasibility of industrial symbiosis applications, as per the relevant commitments under the transformation plans;
Amendment 762 #
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Directive 2010/75/EU
Article 14a – paragraph 3
Article 14a – paragraph 3
3. The environmental reporting on the EMS of an installation shall be made available, at least annually, on the Iinternet, including through an URL in the Portal1a, free of charge and without restricting access to registered users. __________________ 1a Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on reporting of environmental data from industrial installations and establishing an Industrial Emissions Portal, COM/2022/157
Amendment 789 #
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2010/75/EU
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Without prejudice to Article 18, the emission limit values and the equivalent parameters and technical measures and environmental performance limit values, referred to in Article 14(1) and (2) shall be based on BAT without prescribing the use of any technique or specific technology.
Amendment 795 #
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 BATthe most effective BAT(s) in the installation, and that ensure that, under normal operatingons 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 technical non- feasibility of meeting the strictest end of the BAT-AEL range and demonstrating the best performance the installation can achieve by applying BAT the most effective BAT(s)as described in BAT conclusions at optimal operations conditions. The emission limit values shall be set through either of the followingexpressed:
Amendment 812 #
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 – point a
Article 15 – paragraph 3 – subparagraph 1 – point a
(a) setting emission limit values expressed for the same or shorter periods of time and under the same reference conditions as the emission levels associated with the most effective best available techniques; or(s); and
Amendment 814 #
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 – point b
Article 15 – paragraph 3 – subparagraph 1 – point b
(b) setting different emission limit values than those referred to under point (a) in terms of values, periods of time and reference conditionwith supplementary load limits achieving a high level of pollution prevention for any pollutant with properties of concern that is emitted from the installation. For pollutants with hazardous properties to human health, those should be subject to at least hourly load limits.
Amendment 816 #
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 2
Article 15 – paragraph 3 – subparagraph 2
Amendment 832 #
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 shall set the strictest possible environmental performance limit values that are consistent with the best performances achievable by applying most effective BAT(s)in the installation, and that ensure that, under normal operating conditions, such performance limits values do not exceed the environmental performance levels associated with BATsbest available techniques (BAT-AEPLs) as laid down in the decisions on BAT conclusions referred to in Article 13(5). The environmental performance limit values shall be based on an assessment by the operator analysing the technical non-feasibility of meeting the strictest end of the BAT- AEPL range and demonstrating the best performance the installation can achieve by applying most effective BAT(s) as described in BAT conclusions or other more stringent reference benchmarks. The operator shall comply with the requirements at the latest by 1stJanuary 2024. The competent authority shall further set environmental performance values, in accordance to the objectives, targets and timeline of the transformation plan elaborated by the operator, that ensure that these objectives are complied within most timely manner.
Amendment 849 #
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
4. By way of derogation from paragraph 3, and without prejudice to Article 18, the competent authority may, in specific cases, set less strict emission limit values. Such a derogation may apply only where an assessment shows that the achievement of the strictest possible emission levels 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 852 #
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 – point a
Article 15 – paragraph 4 – subparagraph 1 – point a
(a) the geographical location or the local environmental conditions of the installation concerned; or
Amendment 858 #
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 – point b
Article 15 – paragraph 4 – subparagraph 1 – point b
(b) the technical characteristicremediation costs of substantiated significant cross media effects of the installation concerned.
Amendment 868 #
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 2
Article 15 – paragraph 4 – subparagraph 2
The assessment of the costs and environmental benefits as well as of the disproportionality shall be verified by independent experts and include at least three alternative technique providers. Member States shall ensure that the assessments are made publicly available to give the public concerned early and effective opportunities to participate early in the procedure, when all options are open, for the taking of a decision on a derogation. This period shall in no case be shorter than 6 weeks. The competent authority shall document in an annex to the permit conditions the reasons for the application of the first subparagraph including the result of the assessment and the justification for the conditions imposed.
Amendment 872 #
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 3
Article 15 – paragraph 4 – subparagraph 3
The emission limit values set in accordance with the first subparagraph shall, however, not exceed the emission limit values set out in the Annexes to this Directive, or the BAT-Conclusions adopted pursuant to Article 13(5) of Directive2010/75/EU, where applicable.
Amendment 874 #
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 4
Article 15 – paragraph 4 – subparagraph 4
Derogations referred to in this paragraph shall respect the principles and method set out in Annex II. The competent authority shall in any case ensure that no significant pollution is caused and that a high level of protection of the environment as a whole is achieved. Derogations shall not be granted wherein any of the following cases: (i) they may put at risk compliance with environmental quality standards referred to in Article 18; (ii) where they relate to a priority or priority hazardous substance; (iii) where they relate to a substance of concern with a release potentially affecting sensitive receptors. The derogation shall only be granted as far as needed to avoid disproportionality assessed under subparagraph 1. When a derogation has been granted for a specific emission limit value, all other emission limit values and environmental performance limit values have to be set, where possible, beyond the strictest end of BAT-AEL or strictest end of BAT-AEPL range, to ensure that a high level of protection of the environment as a whole is achieved.
Amendment 887 #
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 5
Article 15 – paragraph 4 – subparagraph 5
The competent authority shall re-assess whether the derogation granted in accordance with this paragraph is justified every 4 years or as part of each reconsideration of the permit conditions pursuant to Article 21, where such reconsi. A derogation is made earlier thanmay be granted for maximum 4 years after the derogation was grantednd only one time for the same reason.
Amendment 890 #
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 6
Article 15 – paragraph 4 – subparagraph 6
The Commission shall adopt, an implementingt the latest by 31 December 2024, a delegated act, to establish a standardised methodology for assessing the disproportionality between the costs of implementation of the BAT conclusions and the potential environmental benefits referred to in the first subparagraph. That implementingdelegated act shall be adopted in accordance with the examination procedure referred to in Article 75(2) and shall refer to the Value of Statistical Life (VSL) method for air pollution with a carbon price level reflecting the real climate damage costs.
Amendment 924 #
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point b (new)
Article 1 – paragraph 1 – point 14 – point b (new)
Directive 2010/75/EU
Article 17 – paragraph 2
Article 17 – paragraph 2
Amendment 927 #
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point c (new)
Article 1 – paragraph 1 – point 14 – point c (new)
Directive 2010/75/EU
Article 17 – paragraph 3
Article 17 – paragraph 3
(c) In Article 17, paragraph 3 is replaced as follows: 3. Member States shall ensure that general binding rules: (a) are updated to take into account developments in best available techniques and in order to ensure compliance with Article 21reflect best performance achieved by the use of the most effective best available techniques and their developments and in order to ensure compliance with Article 21; and (b) promote the uptake of the most effective techniques as laid down in the decisions on BAT conclusions referred to in Article 15(3) or, promote the deployment of the emerging techniques as per Article 27 of Chapter IIa.
Amendment 930 #
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point d (new)
Article 1 – paragraph 1 – point 14 – point d (new)
Directive 2010/75/EU
Article 17 – paragraph 4
Article 17 – paragraph 4
Amendment 934 #
Proposal for a directive
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Directive 2010/75/EU
Article 18 – paragraph 1
Article 18 – paragraph 1
Where an environmental quality standard, including an area in need of specific protection, may be put at risk and therefore requires stricter conditions than those achievable by the use of the best available techniques, additional measures shall be included in the permit with a view to preducventing the specific contribution of the installation to the pollution occurring in the relevant area. activity to the pollution occurring in the relevant area, or other areas in need of specific protection. Stricter permit conditions can include stricter emission limit values and environmental performance levels, reduction of the operation of the installation, implementation of suitable substitution techniques or other equivalent measures. In the case of substances with persistent, bioaccumulative and toxic (PBT) properties or very persistent and very bioaccumulative (vPvB) properties, the emission limit values included in the permit under Article 14(1) should be equivalent to the detection limit of the monitoring instruments.
Amendment 971 #
Proposal for a directive
Article 1 – paragraph 1 – point 16 a (new)
Article 1 – paragraph 1 – point 16 a (new)
Directive 2010/75/EU
Article 21 – paragraph 5 – point c a (new)
Article 21 – paragraph 5 – point c a (new)
(16a) In Article 21, paragraph 5, point ca (new) is inserted as follows: (ca) where the last reconsideration dates back 8 years or where it has only been reconsidered for specific reconsiderations required by the preceding paragraphs within the last 8 years.
Amendment 984 #
Proposal for a directive
Article 1 – paragraph 1 – point 17 – point a – point i
Article 1 – paragraph 1 – point 17 – point a – point i
Directive 2010/75/EU
Article 24 – paragraph 1 – subparagraph 1 – point d
Article 24 – paragraph 1 – subparagraph 1 – point d
(d) the reconsideration or updating of a permit or permit conditions for an installation in accordance with Article 21(5), points (a), (b) and (c);;
Amendment 987 #
Proposal for a directive
Article 1 – paragraph 1 – point 17 – point a – point ii
Article 1 – paragraph 1 – point 17 – point a – point ii
Directive 2010/75/EU
Article 24 – paragraph 1 – subparagraph 1 – point e
Article 24 – paragraph 1 – subparagraph 1 – point e
(e) the reconsideration or updating of a permit in accordance with Article 21(3) or Article 21(4)..;
Amendment 990 #
Proposal for a directive
Article 1 – paragraph 1 – point 17 – point a – point ii a (new)
Article 1 – paragraph 1 – point 17 – point a – point ii a (new)
Directive 2010/75/EU
Article 24 – paragraph 1 – subparagraph 1 – point e a (new)
Article 24 – paragraph 1 – subparagraph 1 – point e a (new)
(iia) In Article 24, paragraph 1, subparagraph 1, point ea (new) is inserted: (ea) the reconsideration or granting of a permit for any substantial change;
Amendment 991 #
Proposal for a directive
Article 1 – paragraph 1 – point 17 – point a – point ii b (new)
Article 1 – paragraph 1 – point 17 – point a – point ii b (new)
Directive 2010/75/EU
Article 24 – paragraph 1 – subparagraph 1 – point e b (new)
Article 24 – paragraph 1 – subparagraph 1 – point e b (new)
(iib) In Article 24, paragraph 1, subparagraph 1, point eb (new) is inserted: (eb) any other reconsideration or updating of a permit, unless the potential update is not capable of changing the basis parameters of the permit and will not address any significant environmental aspects of the activity.
Amendment 992 #
Proposal for a directive
Article 1 – paragraph 1 – point 17 – point a – point ii c (new)
Article 1 – paragraph 1 – point 17 – point a – point ii c (new)
Directive 2010/75/EU
Article 24 – paragraph 1 – subparagraph 1– point e c (new)
Article 24 – paragraph 1 – subparagraph 1– point e c (new)
(iic) In Article 24, paragraph 1, subparagraph 1, point e c (new) is inserted: (ec) the granting or reconsideration or updating of a permit for an installation where the application of Article 15(4) is proposed;
Amendment 997 #
Proposal for a directive
Article 1 – paragraph 1 – point 17 – point b – point ii
Article 1 – paragraph 1 – point 17 – point b – point ii
Directive 2010/75/EU
Article 24 – paragraph 2 – point c
Article 24 – paragraph 2 – point c
(c) the submissions and results of the consultations held before the decision was taken, including consultations held pursuant to Article 26, and an explanation of how those consultations were taken into account in that decision;;
Amendment 1001 #
Proposal for a directive
Article 1 – paragraph 1 – point 17 – point b – point ii b (new)
Article 1 – paragraph 1 – point 17 – point b – point ii b (new)
Directive 2010/75/EU
Article 24 – paragraph 2 – point f
Article 24 – paragraph 2 – point f
(iib) In article 24, paragraph 2, point f is replaced as follows: (f) where a derogation is granted in accordance with Article 15(4), the specific reasons and assessments for that derogation based on the criteria laid down in that paragraph and the conditions imposed.
Amendment 1005 #
Proposal for a directive
Article 1 – paragraph 1 – point 17 – point c
Article 1 – paragraph 1 – point 17 – point c
Directive 2010/75/EU
Article 24 – paragraph 3 – introductory part
Article 24 – paragraph 3 – introductory part
3. The competent authority shall also make available to the public as soon as possible, including systematically via the Internet, including through integration of the information in the Portal*, free of charge and without restricting access to registered users, the following: __________________ * COM(2022)157 - Regulation Reporting of environmental data from industrial installations and establishing an Industrial Emissions Portal
Amendment 1009 #
Proposal for a directive
Article 1 – paragraph 1 – point 17 – point c
Article 1 – paragraph 1 – point 17 – point c
Directive 2010/75/EU
Article 24 – paragraph 3 – point c a (new)
Article 24 – paragraph 3 – point c a (new)
(ca) name of operators that have breached provisions of this Directive, such as referred to under cases referred to under Article 79.
Amendment 1015 #
Proposal for a directive
Article 1 – paragraph 1 – point 17 – point c
Article 1 – paragraph 1 – point 17 – point c
Directive 2010/75/EU
Article 24 – paragraph 3 – point c b (new)
Article 24 – paragraph 3 – point c b (new)
(cb) the report referred to under paragraph 6 of Article 23;
Amendment 1025 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/75/EU
Article 26 – paragraph 1
Article 26 – paragraph 1
1. Where a Member State is aware that the operation of an installation may have significant negative effects on the environment of another Member State, or where a Member State which may be significantly affected so requests, the Member State in whose territory the application for a permit pursuant to Article 4 or Article 20(2) was submitted or in whose territory an update pursuant to Article 21 was reconsidered shall forward to the other Member State any information required to be given or made available pursuant to Annex IV at the same time as it makes it available to the public. On the basis of that information, consultations shall be carried out between the two Member States, while ensuring that the comments from the Member State that may be significantly affected are provided before the competent authority of the Member State in whose territory the application for a permit was submitted reaches its decision. Should no comments be provided by the Member State which may be significantly affected within the period for consultation of the public concerned, the competent authority shall proceed with the permitting procedure.
Amendment 1058 #
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 techniques for a total period of time not exceeding 249 months.
Amendment 1095 #
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 14athe first day of the month following 24 months after the date of entry into force of this Directive or 1 January 2026, whichever comes first, the operator establishes 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. The transformation plan will then be added to the environmental management system referred to in Article 14a and shall contain inan formation on how the installation will 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 formaUnion’s 2050 climate and environmental targets, especially those laid down in Regulation 2021/1119 of 30 June 2021. Without preferred to in paragraph 4.judice to the implementing Act mentioned in paragraph 4, the plans shall at least include the following elements:
Amendment 1104 #
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27d – paragraph 1 – subparagraph 1 – point a (new)
Article 27d – paragraph 1 – subparagraph 1 – point a (new)
(a) a greenhouse gases emissions reduction pathway;
Amendment 1105 #
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 – point b (new)
Article 27 d – paragraph 1 – subparagraph 1 – point b (new)
(b) an estimate of the needs to re- /upskill the workforce in anticipation of the introduction of processes necessary to achieve the EU climate targets;
Amendment 1106 #
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 – point c (new)
Article 27 d – paragraph 1 – subparagraph 1 – point c (new)
(c) a planned trajectory of the evolution of water, energy and raw materials consumption, with a specific breakdown between virgin and secondary raw materials.
Amendment 1107 #
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 a (new)
Article 27 d – paragraph 1 – subparagraph 1 a (new)
Operators will associate every indicator to intermediary targets at least for years 2030, 2035 and 2040.
Amendment 1112 #
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
Article 27 d – paragraph 1 – subparagraph 2
Member States shall take the necessary measures to ensure that by 31 December 203127, the audit organisation contracted by the operator as part of its environmental management system assesses the conformityvalidity and credibility of the data reported per element of the transformation plans referred to in the first subparagraph of paragraph 1 with the requirements set out in the implementing act referred to i, in the light of their potential contribution to Union’s climate neutrality, circular economy and zero pollution ptaragraph 4gets.
Amendment 1121 #
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 a (new)
Article 27 d – paragraph 1 a (new)
1a. Member States shall take the necessary measures to ensure that transformation plans mentioned in paragraph 1 are regularly revised and updated at a frequency that does not exceed 5 years.
Amendment 1136 #
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 1
Article 27 d – paragraph 2 – subparagraph 1
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 installation carrying out any activity listed in Annex I that is not referred to in paragraph 1. The transformation plan shall contain information on how the installation will 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, following the same modalities than those laid down in Article 14a.
Amendment 1159 #
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 available to the public as soon as possible, including systematically via the Internet, including through integration of the information in the Industrial Emissions Portal, free of charge and without restricting access to registered users, its transformation plan and its updates as well as the results of the assessment referred to in paragraphs 1 and 2 public, as part of the publication of it, as well as the potential necessary corrective measures following that assessment. Those elements may be included in the operator’s environmental management system.
Amendment 1180 #
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d – paragraph 4
Article 27 d – paragraph 4
4. The Commission shall by 30 June 2028, adopt an implementing act establishing the format for the transformation planBefore 30 June 2024, the Commission shall adopt an implementing act, based on sector activity specific milestones and environmental performance indicators co-developed with public interest stakeholder groups, establishing the format for the reporting of the elements included in the transformation plans. This delegated act shall also contain details on the audit methodology and requirements for the selection of the auditors, including accreditation requirements. This implementing act shall be adopted in accordance with the examination procedure referred to in Article 75(2)..
Amendment 1184 #
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d – paragraph 4 a (new)
Article 27 d – paragraph 4 a (new)
4a. The Commission shall, no later than two years before the first review of the transformation plans, review the implementing act referred to in paragraph 4 and adopt an implementing act establishing additional elements to be added in the transformation plans, as well as a description of the format for the reporting, where needed. This delegated act shall be adopted in accordance with the examination procedure referred to in Article 76
Amendment 1431 #
Proposal for a directive
Article 1 – paragraph 1 – point 26
Article 1 – paragraph 1 – point 26
Directive 2010/75/EU
Article 73 – paragraph 1 – subparagraph 1
Article 73 – paragraph 1 – subparagraph 1
By 30 June 20286 and every 5 years thereafter, the Commission shall submit to the European Parliament and to the Council a report reviewing the implementation of this Directive. The report shall take into account the dynamics of innovation and the review referred to in Article 8 of Directive 2003/87/ECneed for further pollution prevention measures.
Amendment 1433 #
Proposal for a directive
Article 1 – paragraph 1 – point 26
Article 1 – paragraph 1 – point 26
Directive 2010/75/EU
Article 73 – paragraph 1 – subparagraph 2 – introductory part
Article 73 – paragraph 1 – subparagraph 2 – introductory part
That report shall include an assessment of the need for Union action through the establishment or updating of Union-wide minimum requirements for emission limit values and for rules on monitoring and compliance for activities within the scope of the BAT conclusions adopted during the previous five-year period, on the basis ofe Commission shall, within 12 months of the publication of a BAT reference document in accordance with Article 13(5), set Union-wide minimum requirements for emission limit values and for rules on monitoring and compliance (EU Safety net). Such minimum requirements shall be directed to significant environmental impacts of the activities or installations concerned and shall not exceed the BAT-AE(P)Ls. It shall notably concern activities within the scope of the BAT conclusions adopted during the previous five-year period and activities for which no BAT conclusions have been adopted pursuant to Article 13(7) under Directive 2010/75/EU. The prioritisation and stringency of the requirements shall include the following criteria:
Amendment 1436 #
Proposal for a directive
Article 1 – paragraph 1 – point 26
Article 1 – paragraph 1 – point 26
Directive 2010/75/EU
Article 73 – paragraph 1 – subparagraph 2 – point b
Article 73 – paragraph 1 – subparagraph 2 – point b
(b) the state of implementation of best available techniques for the activities concerned.. and further pollution prevention potential;
Amendment 1442 #
Proposal for a directive
Article 1 – paragraph 1 – point 26
Article 1 – paragraph 1 – point 26
Directive 2010/75/EU
Article 73 – paragraph 1 – subparagraph 2 – point b a (new)
Article 73 – paragraph 1 – subparagraph 2 – point b a (new)
(ba) the imbalance of environmental performance of the industry within the Union.
Amendment 1443 #
Proposal for a directive
Article 1 – paragraph 1 – point 26 a (new)
Article 1 – paragraph 1 – point 26 a (new)
Directive 2010/75/EU
Article 73 – paragraph 1 – subparagraph 3 a (new)
Article 73 – paragraph 1 – subparagraph 3 a (new)
(26a) In Article 73, paragraph 1, subparagraph 3 a (new) is added: That assessment shall consider the opinion of the forum referred to in Article13(4). Those measures shall be adopted in accordance with the regulatory procedure with scrutiny and shall be considered as minimum requirements in the case of activities that were subject to minimal requirements under Directive2010/75/EU. The report shall be accompanied by a legislative proposal where appropriate. Where the assessment referred to in the second subparagraph identifies such a need, the legislative proposal shall include provisions establishing or updating Union-wide minimum requirements for emission limit values and for rules on monitoring and compliance assessment for the activities concerned.
Amendment 1647 #
Proposal for a directive
Annex I – paragraph 1 – point j a (new)
Annex I – paragraph 1 – point j a (new)
Directive 2010/75/EU
Annex I – paragraph 3 – subparagraph 6 – point 6.9 a (new)
Annex I – paragraph 3 – subparagraph 6 – point 6.9 a (new)
(ja) In Annex I, paragraph 3, subparagraph 6, point 6.9 a (new) is inserted: 6.9a. Capture of CO2streams from installations covered by this Directive for the purposes of capture and use within those installations or for geological storage pursuant to Directive 2009/31/EC
Amendment 1704 #
Proposal for a directive
Annex III
Annex III
Directive 2010/75/EU
Annex II – title
Annex II – title
Principles to be complied with when granting a derogation referred to in Article 15(4) and when assessing economic viability of BAT
Amendment 1706 #
Proposal for a directive
Annex III
Annex III
Directive 2010/75/EU
Annex II – paragraph 1 – introductory part
Annex II – paragraph 1 – introductory part
Derogations provided in accordance with Article 15(4) and when assessing economic viability of BAT shall respect the following principles:
Amendment 1708 #
Proposal for a directive
Annex III
Annex III
Directive 2010/75/EU
Annex II – paragraph 1 – subparagraph 1 – point 1.1
Annex II – paragraph 1 – subparagraph 1 – point 1.1
1.1. Costs referred to in Article 15(4) shall be the costs of complying with the strictest emission levels or environmental performance levels associated with the most effective best available techniques and include both capital costs and operating costs. Wider social or economic costs shall not be included.
Amendment 1709 #
Proposal for a directive
Annex III
Annex III
Directive 2010/75/EU
Annex II – paragraph 1 – subparagraph 1 – point 1.3 – introductory part
Annex II – paragraph 1 – subparagraph 1 – point 1.3 – introductory part
1.3. CThe costs taken into account in the evaluation shall: derive from actual quotes provided to the operator of the concerned installation by at least three service providers, including financial institutions regarding points (b) and (c) of this sub- paragraph, before the derogation request, and shall:
Amendment 1710 #
Proposal for a directive
Annex III
Annex III
Directive 2010/75/EU
Annex II – paragraph 1 – subparagraph 1 – point 1.5
Annex II – paragraph 1 – subparagraph 1 – point 1.5
1.5. Costs evaluated by the operator shall be assessed by the competent authority, based on information from other sources such as technology providers, financial institutions, non-governmental organisations promoting the protection of human health or the environment, expert judgements orand data from other plants where best available techniques were recently installed.
Amendment 1713 #
Proposal for a directive
Annex III
Annex III
Directive 2010/75/EU
Annex II – paragraph 1 – subparagraph 2 – point 2.1
Annex II – paragraph 1 – subparagraph 2 – point 2.1
2.1. Environmental benefits referred to in Article 15(4) shall be environmental benefits of complying with the strictest emission levels or environmental performance levels associated with most effective best available techniques.
Amendment 1714 #
Proposal for a directive
Annex III
Annex III
Directive 2010/75/EU
Annex II – paragraph 1 – subparagraph 2 – point 2.2
Annex II – paragraph 1 – subparagraph 2 – point 2.2
2.2. The evaluation of environmental benefits shall be quantitative (in monetary terms) and supported by a qualitative assessment. Established pollutant damage costs shall be used where available. When quantifying the environmental benefits, the use of the European Environmental Agency’s Value for Statistical Life (VSL) method, adapted to the US Environmental Protection Agency price levels, shall be required. The evaluation shall consider a carbon shadow price at a level of 283€/tCO2eq as from the period 2030 and524€/tCO2eqas from the period 2040.
Amendment 1716 #
Proposal for a directive
Annex III
Annex III
Directive 2010/75/EU
Annex II – paragraph 1 – subparagraph 2 – point 2.3
Annex II – paragraph 1 – subparagraph 2 – point 2.3
2.3. The evaluation of environmental benefits shall consider a discount rate consistent with the one applied in point 1.3(c) of this Article and applied to any monetised benefits which addresses differences in values to society over time.
Amendment 1717 #
Proposal for a directive
Annex III
Annex III
Directive 2010/75/EU
Annex II – paragraph 1 – subparagraph 2 – point 2.4
Annex II – paragraph 1 – subparagraph 2 – point 2.4
2.4. The application for a derogation shall clearly identify the source of the environmental benefits information and the methods used to calculate the environmental benefits, including the methodology mentioned in point 2.2 of this Article, the discount rate mentioned in point 1.3(c) and the estimate of uncertainties associated with the evaluation of the environmental benefits.
Amendment 1719 #
Proposal for a directive
Annex III
Annex III
Directive 2010/75/EU
Annex II – paragraph 1 – subparagraph 2 – point 2.5
Annex II – paragraph 1 – subparagraph 2 – point 2.5
2.5. Environmental benefits evaluated by the operator shall be assessed by the competent authority, based on expert judgement orby, among others, non- governmental organisations promoting the protection of human health or the environment and data from other plants where the best available techniques were recently installed.
Amendment 1721 #
Proposal for a directive
Annex III
Annex III
Directive 2010/75/EU
Annex II – paragraph 1 – subparagraph 3 – point 3.1
Annex II – paragraph 1 – subparagraph 3 – point 3.1
3.1. For the purpose of determining if there is a disproportionality, the costs of complying with the strictest emission levels or environmental performance levels associated with the most effective best available techniques, and the benefits of such compliance, shall be compared.
Amendment 1722 #
Proposal for a directive
Annex III
Annex III
Directive 2010/75/EU
Annex II – paragraph 1 – subparagraph 3 – point 3.2 – point b
Annex II – paragraph 1 – subparagraph 3 – point 3.2 – point b
(b) a specification of the margindisproportionality factor by which the costs should exceed the environmental benefits., which shall not be lower than a cost to benefit factor of 3:1 over the full duration of the operational lifetime of the installation concerned, including remediation costs pursuant to Article 22(3).
Amendment 1735 #
Proposal for a directive
Annex III a (new)
Annex III a (new)
Directive 2010/75/EU
Annex IV – paragraph 1 – introductory part
Annex IV – paragraph 1 – introductory part
Amendment 1736 #
Proposal for a directive
Annex III b (new)
Annex III b (new)
Directive 2010/75/EU
Annex IV – paragraph 2 – introductory part
Annex IV – paragraph 2 – introductory part
In Annex IV, paragraph 2 is replaced as follows: 2. Member States shall ensure that, as soon as possible, within appropriate time- frames, the following is made available to the public concerned:
Amendment 1737 #
Proposal for a directive
Annex III b (new)
Annex III b (new)
Directive 2010/75/EU
Annex IV – paragraph 2 point a a (new)
Annex IV – paragraph 2 point a a (new)
Amendment 1741 #
Proposal for a directive
Annex III e (new)
Annex III e (new)
Directive 2010/75/EU
Annex IV – paragraph 5
Annex IV – paragraph 5
In Annex IV, paragraph 5 is replaced by the following: 5. “The detailed arrangements for informing the public (for example by bill posting within a certain radius or publication in local newspapers) and consulting the public concerned (for example by written submissions or by way of a public inquiry) shall be determined by the Member States. Reasonable time- frames for the different phases shall be provided, allowing sufficient time to inform the public and for the public concerned to prepare and participate effectively in environmental decision- making subject to this Annex. and for the competent authorities to take the outcome of the consultations into due account each period (notification prior to the consultation period, the consultation period itself, taking into account the comments received) shall in no case be shorter than 6 weeks.”
Amendment 1742 #
Proposal for a directive
Annex III e (new)
Annex III e (new)
Directive 2010/75/EU
Annex IV – paragraph 5a (new)
Annex IV – paragraph 5a (new)
In Annex IV, paragraph 5 a (new) is added: 5a. The public concerned living across a national border from the activity shall be informed in an equally effective manner to the public concerned living in the same Member State where the activity is implemented. This shall include the translation of relevant information under paragraphs 1 and 2 above.