BETA

58 Amendments of Jarosław KALINOWSKI related to 2022/0104(COD)

Amendment 138 #
Proposal for a directive
Recital 2
(2) The European Green Deal announced a revision of Union measures to address pollution from large industrial installations, including reviewing the sectoral scope of the legislation and how to make it fully consistent with climate, energy and circular economy policies. In addition, the Zero Pollution Action Plan, the Circular Economy Action Plan and the Farm to Fork Strategy also call for reducing pollutant emissions at source, including sources not currently within the scope of Directive 2010/75/EU of the European Parliament and of the Council69 . Addressing pollution from certain agro- industrial activities thus requires their inclusion within the scope of that Directive. __________________ 69 Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control); OJ L 334, 17.12.2010, p. 17-119.
2022/12/14
Committee: ENVI
Amendment 160 #
Proposal for a directive
Recital 4
(4) Rearing of pigs, poultry and cattle cause significant, while contributing to food security, cause pollutant emissions into the air and water. In order to reduce such pollutant emissions, including ammonia, methane, nitrates and greenhouse gas emissions and thereby improve air, water and soil quality, it is necessary to lower the threshold above which pigs and poultry installations are included within the scope of Directive 2010/75/EU and to include also cattle farming within that scope. Relevant BAT requirements take into consideration the nature, size, density, design like free- ventilated stables, trade-offs with animal welfare and complexity of these installations, including the specificities of pasture based cattle rearing systems, where animals are only seasonally reared in indoor installations, and the range of environmental impacts they may have. The proportionality requirements in BATs aim to incentivise farmers to implement the necessary transition towards increasingly environmentally friendly agricultural practices.
2022/12/14
Committee: ENVI
Amendment 234 #
Proposal for a directive
Recital 29
(29) In order to ensure that Directive 2010/75/EU continues meeting its objectives to prevent or reduce emissions of pollutants and achieve a high level of protection of human health and the environment, while not affecting sustainable European farming, based on the principles of respecting animal welfare, healthy and sustainable food production and promotion of small-scale and family farming, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to supplement that Directive in order to establish operating rules containing requirements for activities relating to rearing of poultry, pigs and cattle, and to amend Annexes I and Ia to that Directive by adding an agro-industrial activity to ensure that it meets its objectives to prevent or reduce pollutants emissions and achieve a high level of protection of human health and the environment and pigs. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 201677 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. __________________ 77 Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making; OJ L 123, 12.5.2016, p. 1–14.
2022/12/14
Committee: ENVI
Amendment 240 #
Proposal for a directive
Recital 29
(29) In order to ensure that Directive 2010/75/EU continues meeting its objectives to prevent or reduce emissions of pollutants and achieve a high level of protection of human health and the environment, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to supplement that Directive in order to establish operating rules containing requirements for activities relating to rearing of poultry, pigs and cattle, and to amend Annexes I and Ia to that Directive by adding an agro-industriicultural activity to ensure that it meets its objectives to prevent or reduce pollutants emissions and achieve a high level of protection of human health and the environment. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 201677 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. __________________ 77 Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making; OJ L 123, 12.5.2016, p. 1–14.
2022/12/14
Committee: ENVI
Amendment 279 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a
Directive 2010/75/EU
Article 3 – paragraph 1 – point 3
(3) ‘installation’ means a stationary technical unit within which one or more activities listed in Annex I, in Annex Ia or in Part 1 of Annex VII are carried out, and any other directly associated activities on the same site which have a technical connection with the activities listed in those Annexes and which could have an effect on emissions and pollution;;
2022/12/14
Committee: ENVI
Amendment 338 #
2022/12/14
Committee: ENVI
Amendment 343 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point e
Directive 2010/75/EU
Article 3 – paragraph 1 – point 23 c
(23c) ‘livestock unit’ or ‘LSU’ means the grazing equivalent of one adult dairy cow producing 3 000 kg of milk annually, without additional concentrated foodstuffs, which is used to express the size of farms rearing different categories of animals, using the conversion rates, with reference to actual production within the calendar year, set out in Annex II to Commission Implementing Regulation (EU) No 808/2014**’. ** Commission Implementing Regulation (EU) No 808/2014 of 17 July 2014 laying down rules for the application of Regulation (EU) No 1305/2013 of the European Parliament and of the Council on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) (OJ L 227 31.7.2014, p. 18).deleted
2022/12/14
Committee: ENVI
Amendment 412 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive 2010/75/EU
Article 4 – paragraph 1 – subparagraph 2
‘By way of derogation from the first subparagraph, Member States mayust set a procedure for the registration of installations covered only by Chapter V or Chapter VIa., which shall consist of a notification. The registration procedure shall apply notably to installations using free-range, pasture-based or grazing techniques or in stables with natural ventilation.
2022/12/20
Committee: ENVI
Amendment 417 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive 2010/75/EU
Article 4 – paragraph 1 – subparagraph 2
By way of derogation from the first subparagraph, Member States may set a procedure for the registration of installations covered only by Chapter V or Chapter VIa.’.
2022/12/20
Committee: ENVI
Amendment 602 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point b
Directive 2010/75/EU
Article 13 – paragraph 2 – subparagraph 2
Without prejudice to Union competition law, information considered as confidential business information or commercially sensitive information shall only be shared with the Commission and with the following individuals having signed a confidentiality and non-disclosure agreement: 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 exchange of information considered as confidential business information or sensitive commercial information shall remain limited to what is required to draw up, review and, where necessary, update BAT reference documents, and such confidential business information or sensitive commercial information shall not be used for other purposes..
2022/12/20
Committee: ENVI
Amendment 646 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a – point i
Directive 2010/75/EU
Article 14 – paragraph 1 – subparagraph 1
Member States shall ensure that the permit includes all measures necessary to comply with the requirements of Articles 11 and 18. To that effect, Member States shall ensure that permits are granted further to consultnotification tof all relevant authorities who ensure compliance with Union environmental legislation, including with environmental quality standards.;
2022/12/20
Committee: ENVI
Amendment 766 #
Proposal for a directive
Article 1 – paragraph 1 – point 11
Directive 2010/75/EU
After article 14a – paragraph 3
3. The EMS of an installation shall be made available on the Internet, and free of charge and without restricting access tofor registered users.
2022/12/19
Committee: ENVI
Amendment 942 #
Proposal for a directive
Article 1 – paragraph 1 – point 15
Directive 2010/75/EU
Article 18 – paragraph 1
Where an environmental quality standard requires stricter conditions than those achievable by the use of the best available techniques, additional and proportionate measures shall be included in the permit with a view to reducing the specific contribution of the installation to the pollution occurring in the relevant area.
2022/12/19
Committee: ENVI
Amendment 1239 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70a – paragraph 1
This Chapter shall apply to the activities set out in Annex Ia which reach the capacity thresholds set out in that Annex, paragraph 2, points 6.4 and 6.5 and to the intensive rearing of poultry and pigs: (a) with more than 40 000 places for poultry, (b) with more than 2 000 places for production pigs (over 30 kg), or (c) with more than 750 places for sows.
2022/12/20
Committee: ENVI
Amendment 1246 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70a – paragraph 1
This Chapter shall apply to the activities set out in Annex Ia which reach the capacity thresholds set out in that Annex. intensive rearing of poultry and pigs: (a) with more than 40000 places for poultry, (b) with more than 2000 places for production pigs (over 30 kg), or (c) with more than 750 places for sows.
2022/12/20
Committee: ENVI
Amendment 1250 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70b
Article 70b Aggregation rule If two or more installations are located close to each other and if their operator is the same or if the installations are under the control of operators who are engaged in an economic or legal relationship, the installations concerned shall be considered as a single unit for the purpose of calculating the capacity threshold referred to in Article 70a.deleted
2022/12/20
Committee: ENVI
Amendment 1253 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70b – title
Aggregation ruledeleted
2022/12/20
Committee: ENVI
Amendment 1258 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70b – paragraph 1
If two or more installations are located close to each other and if their operator is the same or if the installations are under the control of operators who are engaged in an economic or legal relationship, the installations concerned shall be considered as a single unit for the purpose of calculating the capacity threshold referred to in Article 70a.deleted
2022/12/20
Committee: ENVI
Amendment 1259 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70b – paragraph 1
If two or more installations are located close to each other and if their operator is the same or if the installations are under the control of operators who are engaged in an economic or legal relationship, the installations concerned shall be considered as a single unit for the purpose of calculating the capacity threshold referred to in Article 70a.deleted
2022/12/20
Committee: ENVI
Amendment 1275 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Member States shall take the necessary measures to ensure that no installation falling within the scope of this Chapter is operated without a permit and that its operation complies with the operating rules referred to in Article 70i. In case of stables on family farms or free-ventilated stables or pasture, permits are not needed.
2022/12/20
Committee: ENVI
Amendment 1282 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70c – paragraph 1 a (new)
1a. By way of derogation from paragraph 1 of this Article, Member States may provide for a specific procedure for the registration of farms rearing animals covered in this Chapter. The procedure for registration referred to in the first subparagraph shall be laid down in a binding act and include at least a requirement for a notification to the competent authority by the farmer of the intention to operate its activity. Member States shall use any similar pre-existing procedure for the registration in order to avoid creating an administrative burden.
2022/12/20
Committee: ENVI
Amendment 1288 #
2022/12/20
Committee: ENVI
Amendment 1295 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70c – paragraph 2 – subparagraph 1 – point e
(e) the nature and quantities of foreseeable emissions from the installation into each mediumbuilding where the rearing takes place, into each medium under normal operating conditions.
2022/12/20
Committee: ENVI
Amendment 1306 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70c – paragraph 3
3. Applications shall also include a non-technical summary of the information referred to in paragraph 2.deleted
2022/12/20
Committee: ENVI
Amendment 1311 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70c – paragraph 4
4. Member States shall take necessary measures to ensure that the operator informs the competent authority, without delay, of any planned substantial change to the installations falling within the scope of this Chapter which may have consequences for the environment. Where appropriate, the competent authority shall reconsider and update the permit. Competent authorities shall establish a simplified procedure applicable to applications under Article 4(2) of this directive.
2022/12/20
Committee: ENVI
Amendment 1313 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70c – paragraph 4
4. Member States shall take necessary measures to ensure that the operatofarmer informs the competent authority, without delay, of any planned substantial change to the installationsfarm and farm buildings where the rearing takes place, falling within the scope of this Chapter which may have consequences for the environment. Where appropriate, the competent authority shall reconsider and update the permit.
2022/12/20
Committee: ENVI
Amendment 1322 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70d – paragraph 1 – subparagraph 1
Member States shall ensure that the operator carries out monitoring of emissions and of associated environmental performance levels in accordance with the operating rules referred to in Article 70i.deleted
2022/12/20
Committee: ENVI
Amendment 1323 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70d – paragraph 1– subparagraph 2
The operator shall keep a record of, and process, all monitoring results, for a period of at least 6 years, in such a way as to enable the verification of compliance with the emission limit values and environmental performance limit values set out in operating rules referred to in Article 70i.deleted
2022/12/20
Committee: ENVI
Amendment 1325 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70d – paragraph 2
2. In the event of non-compliance with the emission limit values and environmental performance limit values set out in the operating rules referred to in Article 70i, Member States shall require that the operator takes the measures necessary to ensure that compliance is restored within the shortest possible time.deleted
2022/12/20
Committee: ENVI
Amendment 1329 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70d – paragraph 3
3. The operator shall ensure that any land spreading of waste, animal by- products or other residues generated by the installation is undertaken in accordance with the best available techniques, as specified in the operating rules referred to in Article 70i, and other relevant Union legislation and that it does not cause significant pollution of the environment.deleted
2022/12/20
Committee: ENVI
Amendment 1336 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70e – paragraph 3
3. The operator shall, without delay, make available the data and information listed in paragraph 2 of this Article to the competent authority upon request. The competent authority may make such a request in order to verify compliance with the operating rules referred to in Article 70i. The competent authority shall make such a request if a member of the public requests access to the data or information listed in paragraph 2 of this Article.
2022/12/20
Committee: ENVI
Amendment 1346 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70f – paragraph 3 – subparagraph 2
Where non-compliance causes a significant degradation of local air, water or soil conditions, or where it poses, or risks to pose, a significant danger to human health, the operation of the installation shall be suspended by the competent authoritycompetent authority may undertake relevant measures to prompt early compliance, including, when possible, suspending the operation of the installation until compliance is restored.
2022/12/20
Committee: ENVI
Amendment 1354 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70g – paragraph 1 – introductory part
1. Member States shall ensure that the public concerndirectly affected are given early and effective opportunities to participate in the following procedures:
2022/12/20
Committee: ENVI
Amendment 1358 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70g – paragraph 1 – point a
(a) preparation of general binding rules as referred to in Article 6 on permits for installations falling within the scope of this Chapter;deleted
2022/12/20
Committee: ENVI
Amendment 1366 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70g – paragraph 2 – introductory part
2. The competent authority shall make available to the public, including systematically directly affected, including via the Internet, and free of charge and without restricting access to registered users, the following documents and information:
2022/12/20
Committee: ENVI
Amendment 1373 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70h – paragraph 1 – subparagraph 1 – introductory part
Member States shall ensure that, in accordance with the relevant national legal system, members of the public concerned directly affected by the matter at stake have access to a review procedure before a court of law, or another independent and impartial body established by law to challenge the substantive or procedural legality of decisions, acts or omissions subject to this Chapter when one of the following conditions is met:
2022/12/20
Committee: ENVI
Amendment 1378 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70h – paragraph 1 – subparagraph 1 – point a
(a) they have a sufficiendirect interest;
2022/12/20
Committee: ENVI
Amendment 1392 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70i – paragraph 1 – subparagraph 1 – introductory part
The Commission shall establish operating rules containing requirements consistent with the use of best available techniques for the activities listed in Annex Ireferred to in Article 70a, which shall include the following:
2022/12/20
Committee: ENVI
Amendment 1417 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70i – paragraph 1 – subparagraph 2a (new)
The operating rules take into account the existence of emerging techniques in the livestock sector. They specify the conditions under which the competent authority may grant a permit to an installation using these emerging techniques.
2022/12/20
Committee: ENVI
Amendment 1463 #
Proposal for a directive
Article 1 – paragraph 1 – point 27
Directive 2010/75/EU
Article 74 – paragraph 2 – subparagraph 1 – introductory part
2. In order to allow the provisions of this Directive to meet its objectives to prevent or reduce pollutants emissions and achieve a high level of protection of human health and the environment, the Commission shall be empowered to adopt a delegated act, in accordance with Article 76, to amend Annex I or Annex Ia by including in those Annexes an agro- industriicultural activity that meets the following criteria:
2022/12/20
Committee: ENVI
Amendment 1542 #
Proposal for a directive
Article 1 – paragraph 1 – point 32
Directive 2010/75/EU
Article 79a – paragraph 2
2. Member States shall ensure that, as part of the public concerned, non- governmental organisations promoting the protection of human health or the environment and meeting any requirements under national law are allowed to represent the individuals affected and bring collective actions for compensation. Member States shall ensure that a claim for a violation leading to a damage cannot be pursued twice, by the individuals affected and by the non- governmental organisations referred to in this paragraph.deleted
2022/12/21
Committee: ENVI
Amendment 1558 #
Proposal for a directive
Article 1 – paragraph 1 – point 32
Directive 2010/75/EU
Article 79a – paragraph 4
4. Where there is a claim for compensation in accordance with paragraph 1, supported by evidence from which a causality link may be presumed between the damage and the violation, Member States shall ensure that the onus is on the person responsible for the violation to prove that the violation did not cause or contribute to the damage. This shall not apply to violation related to activities referred to in Article 70a.
2022/12/21
Committee: ENVI
Amendment 1635 #
Proposal for a directive
Annex I – paragraph 1 – point g
Directive 2010/75/EU
Annex I – paragraph 3 – subparagraph 5 – point 5.3 – point a – indent i
(i) biological treatment (such as anaerobic digestion, except for manure);
2022/12/21
Committee: ENVI
Amendment 1654 #
Proposal for a directive
Annex II
Directive 2010/75/EU
ANNEX Ia – number
ANNEX Iadeleted
2022/12/21
Committee: ENVI
Amendment 1655 #
Proposal for a directive
Annex II
Directive 2010/75/EU
ANNEX Ia – title
Activities referred to in Article 70adeleted
2022/12/21
Committee: ENVI
Amendment 1660 #
Proposal for a directive
Annex II
Directive 2010/75/EU
Annex Ia – paragraph 1
1. Rearing of cattle, pigs or poultry in installations of 150 livestock units (LSU) or more.deleted
2022/12/21
Committee: ENVI
Amendment 1678 #
Proposal for a directive
Annex II
Directive 2010/75/EU
Annex Ia – paragraph 2
2. Rearing of any mix of the following animals: cattle, pigs, poultry, in installations of 150 LSU or more. The approximate equivalent in LSU is based on the conversion rates established in Annex II to Commission Implementing Regulation (EU) No 808/2014*. __________ * Commission Implementing Regulation (EU) No 808/2014 of 17 July 2014 laying down rules for the application of Regulation (EU) No 1305/2013 of the European Parliament and of the Council on support for rural development by the European Agricultural Fund for Rural Development (OJ L 227, 31.07.2014, p.18).deleted
2022/12/21
Committee: ENVI
Amendment 1681 #
Proposal for a directive
Annex II
Directive 2010/75/EU
Annex Ia – paragraph 2
Rearing of any mix of the following animals: cattle, pigs, poultry, in installations of 150 LSU or more.deleted
2022/12/21
Committee: ENVI
Amendment 1700 #
Proposal for a directive
Annex II
Directive 2010/75/EU
Annex Ia – paragraph 3
The approximate equivalent in LSU is based on the conversion rates established in Annex II to Commission Implementing Regulation (EU) No 808/2014*.deleted
2022/12/21
Committee: ENVI