[ParlTrack]

Peter JAHR, Norbert LINS, Christine SCHNEIDER, Marlene MORTLER, Lena DÜPONT

Proposal for a directive
Recital 33

(33) It is therefore appropriate for Directive 2010/75/EU to address the right for compensation for damages suffered by individuals. To ensure that individuals can defend their rights against damages to health caused by violations of Directive 2010/75/EU and thereby ensure a more efficient enforcement of that Directive, non-governmental organisations promoting the protection of human health or the environment, including those promoting the protection of consumers and meeting any requirements under national law, as members of the public concerned, should be empowered to engage in proceedings, as the Member States so determine, either on behalf of or in support of any victim, without prejudice to national rules of procedure concerning representation and defence before the courts. Member States usually enjoy procedural autonomy to ensure an effective remedy against violations of Union law, subject to the respect of the principles of equivalence and effectivity. However, experience shows that while there is overwhelming epidemiologic evidence on the negative health impacts of pollution on the population, in particular as regards air, it is difficult for the victims of violations of Directive 2010/75/EU under the procedural rules on the burden of proof generally applicable in the Member States to demonstrate a causality link between the suffered harm and the violation. As a result, in the majority of cases, victims of violations of Directive 2010/75/EU do not have an effective way to obtain compensation for the harm caused by such violations. To strengthen the rights of individuals to obtain compensation for violations of Directive 2010/75/EU and to contribute to a more efficient enforcement of its requirements throughout the Union, it is necessary to ~~adapt~~facilitate the burden of proof applicable to such situations. Therefore, when an individual can provide sufficiently robust evidence to give rise to a presumption that the violation of Directive 2010/75/EU is at the origins of the damage caused to the health of an individual, or has significantly contributed to it, it should be for the defendant to rebut that presumption in order to escape his liability.

2022/11/18
Committee: AGRI

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

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

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

Peter JAHR, Norbert LINS, Christine SCHNEIDER, Marlene MORTLER, Lena DÜPONT

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 viol~~who made the allegation to prove that the violation did ~~not~~ cause or contribute to the damage.

2022/11/18
Committee: AGRI

Marlene MORTLER, Peter JAHR, Christine SCHNEIDER, Norbert LINS, Angelika NIEBLER, Dennis RADTKE, Peter LIESE, Ralf SEEKATZ, Karolin BRAUNSBERGER-REINHOLD, Sven SIMON

Proposal for a directive
Recital 33

(33) It is therefore appropriate for Directive 2010/75/EU to address the right for compensation for damages suffered by individuals. To ensure that individuals can defend their rights against damages to health caused by violations of Directive 2010/75/EU and thereby ensure a more efficient enforcement of that Directive, non-governmental organisations promoting the protection of human health or the environment, including those promoting the protection of consumers and meeting any requirements under national law, as members of the public concerned, should be empowered to engage in proceedings, as the Member States so determine, either on behalf orf or in support of any victim, without prejudice to national rules of procedure concerning representation and defence before the courts. Member States usually enjoy procedural autonomy to ensure an effective remedy against violations of Union law, subject to the respect of the principles of equivalence and effectivity. However, experience shows that while there is overwhelming epidemiologic evidence on the negative health impacts of pollution on the population, in particular as regards air, it is difficult for the victims of violations of Directive 2010/75/EU under the procedural rules on the burden of proof generally applicable in the Member States to demonstrate a causality link between the suffered harm and the violation. As a result, in the majority of cases, victims of violations of Directive 2010/75/EU do not have an effective way to obtain compensation for the harm caused by such violations. To strengthen the rights of individuals to obtain compensation for violations of Directive 2010/75/EU and to contribute to a more efficient enforcement of its requirements throughout the Union, it is necessary to ~~adapt~~facilitate the burden of proof applicable to such situations. Therefore, when an individual can provide sufficiently robust evidence to give rise to a presumption that the violation of Directive 2010/75/EU is at the origins of the damage caused to the health of an individual, or has significantly contributed to it, it should be for the defendant to rebut that presumption in order to escape his liability.

2022/12/14
Committee: ENVI

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

Proposal for a directive
Article 1 – paragraph 1 – point 3 – point e

Directive 2010/75/EU
Article 3 – paragraph 1 – point 23 b

~~(23b) ‘cattle’ means domestic animals of the species Bos taurus;~~deleted

2022/12/14
Committee: ENVI

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

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

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

Proposal for a directive
Article 1 – paragraph 1 – point 24

Directive 2010/75/EU
Chapter VIa – title

SPECIAL PROVISIONS FOR INTENSIVE REARING OF POULTRY, AND PIGS ~~AND CATTLE~~

2022/12/20
Committee: ENVI