31 Amendments of Bas EICKHOUT related to 2007/0286(COD)
Amendment 58 #
Council position
Recital 9
Recital 9
(9) In order to avoid duplication of regulation, the permit for an installation covered by Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community should notis not required to include an emission limit value for direct emissions of the greenhouse gases specified in Annex I to that Directive except where it is necessary to ensure that no significant local pollution is caused or where an installation is excluded from that scheme.
Amendment 62 #
Council position
Recital 15
Recital 15
(15) In order to take into account certain specific circumstances where the application of emission levels associated with the best available techniques would lead to disproportionately highsignificant negative crosts compared to the environmental benefis-media effects, competent authorities should be able to set emission limit values deviating from those levels. Such deviations should be based on anin line with the integrated approach, based on detailed technical assessment taking into account well- defined criteria and limited in time. The emission limit values set out in this Directive should not be exceeded. In any event, no significant pollution should be caused and a high level of protection of the environment taken as a whole should be achieved.
Amendment 77 #
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 sciadopting the BAT conclusions, and supplementificng and technical progress. In the case of waste incineration plants and waste co-incineration plants, this may 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 Unaligning the emission limit values and rules on monitoring and compliance pursuant to this Directive with the BAT conclusions.
Amendment 79 #
Council position
Recital 39 a (new)
Recital 39 a (new)
(39a) In order to allow the provisions of this Directive to be supplemented or amended with a view to ensuring consistent implementation across the Union of the best available techniques as described in the BAT reference documents, the Commission should be empowered to adopt delegated acts in accordance with Article 290 TFEU in respect of laying down specific criteria for deviating, in exceptional cases, from the emission levels associated with best available techniques.
Amendment 89 #
Council position
Article 3 – point 26
Article 3 – point 26
(26) "operating hours" means the time, expressed in hours, during which a combustion plant, in whole or in part, is operating and discharging emissions into the air, exincluding start-up and shut-down periods;
Amendment 92 #
Council position
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Where emissions of a greenhouse gas from an installation are specified in Annex I to Directive 2003/87/EC in relation to an activity carried out in that installation, the permit shall not includMember States may choose not to impose an emission limit value for direct emissions of that gas, unless necessary to ensure that no significant local pollution is caused.
Amendment 128 #
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 specific cases, on the basis of an assessment of the environmental and economic costs and benefits taking into account the technical characteristics of the installation concerned, its and without prejudice to Article 18, the competent authority may, in exceptional cases, set emission limit values deviating from those set by the application of paragraph 3 for installations existing at the time of the adoption of the BAT conclusions, for up to 5 years. Such a derogation may apply only where a technical assessment demonstrates that due to the geographical location and theor local environmental conditions, set emission limi the implementation of a best avalues deviating from those set by the application of paragraph 3ilable technique described in the BREF would cause significant negative cross-media effects and would therefore be incompatible with the integrated approach set out in Article 11.
Amendment 141 #
Council position
Article 15 – paragraph 4 – subparagraph 2
Article 15 – paragraph 4 – subparagraph 2
The competent authority shall providedocument 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 and shall notify this information to the Commission.
Amendment 153 #
Council position
Article 15 – paragraph 4 – subparagraph 3
Article 15 – paragraph 4 – subparagraph 3
Emission limit values shall, however, not exceed the emission limit values set out in the Annexes V to VIII, where applicable. . Competent authorities shall not apply this paragraph where environmental quality standards risk not being met and shall in any event ensure that any deviation does not result in significant impact on the local environment. Member States shall ensure that the members of the public concerned are given early and effective opportunities to participate in the decision-making process relating to the granting of the derogation referred to in this paragraph.
Amendment 162 #
Council position
Article 15 – paragraph 4 – subparagraph 4
Article 15 – paragraph 4 – subparagraph 4
The Commission may establish guidance specifying the criteria to be taken into account for the application of this paragraphshall adopt, by ...* , by means of delegated acts in accordance with Article 76, specific criteria for the granting of the derogation referred to in this paragraph. _____________ * OJ: one year after entry into force of this Directive.
Amendment 169 #
Council position
Article 21 – paragraph 3 – subparagraph 1 – introductory part
Article 21 – paragraph 3 – subparagraph 1 – introductory part
3. Within fiveour years of publication of decisions on BAT conclusions in accordance with Article 13(5) relating to the main activity of an installation, the competent authority shall ensure that:
Amendment 179 #
Council position
Article 21 – paragraph 5 – point c
Article 21 – paragraph 5 – point c
(c) where it is necessary toneeded for complyiance with a new or revisedDirective 2001/81/EC of the European Parliament and of the Council of 23 October 2001 on national emission ceilings for certain atmospheric pollutants1 or with an environmental quality standard in accordance with Article 18. 1 OJ L 309, 27.11.2001, p. 22.
Amendment 194 #
Council position
Article 22 – paragraph 3– subparagraph 1
Article 22 – paragraph 3– subparagraph 1
3. Upon definitive cessation of the activities, the operator shall assess the state of 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 be taken into account.
Amendment 198 #
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 point (d) of Article 12(1), 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, ceases to pose such a risk.
Amendment 201 #
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, 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 point (d) of Article 12(1). Or. en (Amending text introduced by Council. (EP, 1st reading, Art 25 - para 4)
Amendment 218 #
Council position
Article 24 - paragraph 2 - introductory part
Article 24 - paragraph 2 - introductory part
2. When a decision on granting, reconsideration or updating of a permit has been taken, the competent authority shall make available to the public, including via the internet in relation to points (a), (b) and (bf), the following information: Or. en (Partially reinstating EP first reading Amendment 54.)
Amendment 220 #
Council position
Article 28 - paragraph 1
Article 28 - paragraph 1
This Chapter shall apply to combustion plants, the total rated thermal input of which is equal to or greater than 520 MW, irrespective of the type of fuel used.
Amendment 227 #
Council position
Article 30 - paragraph 9
Article 30 - paragraph 9
Amendment 232 #
Council position
Article 31
Article 31
Amendment 256 #
Council position
Article 35 - paragraph 1 - introductory part
Article 35 - paragraph 1 - introductory part
1. Until 31 December 202318, 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 261 #
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 202318.
Amendment 268 #
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 the emissions and other forms of pollutionenvironmental effects, on emission limit values, on the application of best available techniques in accordance with Articles 14 and 15 and on, the derogations granted in accordance with Article 15(4), and on the 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 formatdevelop and regularly upgrade national information systems to make available to the Commission in an electronic format the information referred to in the first subparagraph. Member States shall make available to the public a summary of the information provided.
Amendment 295 #
Council position
Annex I – point 5.3 – point b – paragraph 1 – introductory part
Annex I – point 5.3 – point b – paragraph 1 – introductory part
(b) Recovery, or a mix of recovery and disposal, of non-hazardous waste with a capacity exceeding 750 tonnes per day involving one or more of the following activities, and excluding activities covered by Directive 91/271/EEC:
Amendment 298 #
Council position
Annex I – point 5.3 – point b – paragraph 2
Annex I – point 5.3 – point b – paragraph 2
Amendment 334 #
Council position
Annex V – Part 3 – section 1
Annex V – Part 3 – section 1
1. The concentrations of SO2, NOx, CO and dust in waste gases from each combustion plant with a total rated thermal input of 100 MW or more shall be measured continuously. The concentration of CO in waste gases from each combustion plant firing gaseous fuels with a total rated thermal input of 100 MW or more shall be measured continuously.
Amendment 336 #
Council position
Annex V – Part 4 – section 1 – paragraph 1
Annex V – Part 4 – section 1 – paragraph 1
1. In the case of continuous measurements, the emission limit values set out in Parts 1 and 2 shall be regarded as having been complied with if the evaluation of the measurement results indicates, for operating hours within a calendar year, that all of the following conditions have been met: (a) no validated monthly average value exceeds the relevant emission limit values set out in Parts 1 and 2; (b) no validated daily average value exceeds 110 % of the relevant emission limit values set out in Parts 1 and 2; (c) in cases of combustion plants composed only of boilers using coal with a total rated thermal input below 50 MW, no validated daily average value exceeds 150 % of the relevant emission limit values set out in Parts 1 and 2, (db) 95 % of all the validated hourly average values over the year do not exceed 200 % of the relevant emission limit values set out in Parts 1 and 2.
Amendment 338 #
Council position
Annex V – Part 5
Annex V – Part 5
Part 5 deleted
Amendment 343 #
Council position
Annex V – Part 7
Annex V – Part 7
Part 7 deleted
Amendment 348 #
Council position
Annex VI – Part 6 – point 2.5
Annex VI – Part 6 – point 2.5
2.5. The competent authority may decide not to require continuous measurements for HCl, HF and SO2 in waste incineration plants or waste co-incineration plants and require periodic measurements as set out in point 2.1(c) or no measurements if the operator can prove that the emissions of those pollutants can under no circumstances be higher than the prescribed emission limit values. 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 under no circumstances be higher than the prescribed emission limit valueis derogation shall not apply in cases of burning mixed waste from different sources.
Amendment 351 #
Council position
Annex VI – Part 6 – point 2.6 – introductory part
Annex VI – Part 6 – point 2.6 – introductory part
2.6. The competent authority may decide to require only one measurement every twoper years for heavy metals and one measurement per year, for dioxins and furans in the following cases:
Amendment 353 #
Council position
Annex VI – Part 6 – point 2.6 – point c a (new)
Annex VI – Part 6 – point 2.6 – point c a (new)
(ca) the operator can prove that neither electric nor electronic waste, nor waste containing chlorinated compounds, is being treated.