Activities of Marisa MATIAS related to 2022/0104(COD)
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council amending Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) and Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste
Amendments (281)
Amendment 30 #
Proposal for a directive
Recital 9
Recital 9
(9) In order to foster energy efficiency of installations within the scope of Directive 2010/75/EU which are carrying out activities listed in Annex I to Directive 2003/87/EC, it is appropriate to apply the energy efficiency first principle and submit those installations to energy efficiency and resource efficiency requirements in respect of combustion units or other units emitting carbon dioxide on the site. Energy and resource efficiency are key areas of action, without which the achievements of objectives pursuant to Regulation (EU) 2021/1119 cannot be achieved.
Amendment 38 #
Proposal for a directive
Recital 16
Recital 16
(16) The contribution of Directive 2010/75/EU to resource and energy efficiency and circular economy in the Union should be made more effective, taking into considerationby applying the ‘Energy Efficiency First’ as a guiding principle of the Union energy policy. Therefore, the permits should establish, where possible, mandatory environmental performance limit values on consumption and resource efficiency levels, including on the useconsumption of water, energy and recycledaw materials, and their reuse based on the environmental performance levels associated with the best available techniques (BAT AEPLs) set out in decisions on BAT conclusions.
Amendment 52 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Directive 2010/75/EU
Article 3 – paragraph 1 – point (3)
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;; , pollution and consumption of natural resources including water, energy, and raw materials;’;
Amendment 57 #
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) (new)
Article 3 – paragraph 1 – point (13 a) (new)
(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 67 #
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) (new)
Article 3 – paragraph 1 – point (53) (new)
(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 72 #
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) (new)
Article 3 – paragraph 1 – point (53) (new)
(b) resource efficiency levels and reuse levels covering materials, water and energy resources;
Amendment 75 #
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) (new)
Article 3 – paragraph 1 – point (53) (new)
(c) waste and other levels obtained under specified reference conditions.levels of covering materials;
Amendment 80 #
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) (new)
Article 3 – paragraph 1 – point (53) (new)
(53b) (e) waste prevention levels;
Amendment 115 #
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 European Chemicals Agency and the Commission. The European Scientific Advisory Board on Climate Change established under Article 10a of Regulation (EC) No 401/2009 (the "Advisory Board") shall be provided a possibility to participate to the exchange of information pursuant to the first subparagraph and it may, dependent on its own work programme and choice, participate with the purpose of providing scientific advice.
Amendment 118 #
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 2 – point (b a) (new)
Article 13 – paragraph 2 – point (b a) (new)
1a. (ba) the potential of best available techniques to support climate mitigation efforts aligned with Union targets pursuant to Regulation (EU)2021/1119;
Amendment 121 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point b
Article 1 – paragraph 1 – point 9 – point b
Directive 2010/75/EU
Article 13 – paragraph 2, after point (c)
Article 13 – paragraph 2, after point (c)
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 or commercial information shall not be used for other purposes..
Amendment 126 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a – point iii
Article 1 – paragraph 1 – point 10 – point a – point iii
Directive 2010/75/EU
Article 14 – paragraph 1 – subparagraph 2 – point (aaaa) (new)
Article 14 – paragraph 1 – subparagraph 2 – point (aaaa) (new)
(aaa) (ab) other measures, including on greenhouse gas emissions, taken as a result of the transformation plan pursuant to Article 27d;
Amendment 130 #
Proposal for a directive
Recital 1
Recital 1
(1) The European Green Deal55 is Europe’s strategy to ensure, by 2050, a climate-neutral, clean and circular economy, optimising resource management, minimising pollution while recognising the need for deeply transformative policies. The Union is also committed to the Paris Agreement1a, the 2030 Agenda for Sustainable Development56 and its Sustainable Development Goals57 . The EU Chemicals Strategy for Sustainability58 of October 2020 and the Zero Pollution Action Plan59 adopted in May 2021 specifically address pollution aspects of the European Green Deal. In parallel, the New Industrial Strategy for Europe60 further emphasises the potential role of transformative technologies. Other particularly relevant policies for this initiative include the European Climate law1b, ‘Fit for 55’ package61, the Methane Strategy62 and the Glasgow methane pledge63, the Climate Adaptation Strategy64, the Biodiversity Strategy65, the Farm to Fork strategy66 and the Sustainable Products Initiative67. Besides, as part of the EU response to the 2022 Russia-Ukraine war, REPowerEU68 proposes a Joint European Action to support the diversification of energy supplies, accelerate the transition to renewable energy and improve energy efficiency. __________________ 1a Paris Agreement (OJ L 282, 19.10.2016, p. 4) 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’) 55 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions The European Green Deal; COM(2019) 640 final. 56 https://www.un.org/ga/search/view_doc.as p?symbol=A/RES/70/1&Lang=E 57 https://sdgs.un.org/goals 58 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, Chemicals Strategy for Sustainability Towards a Toxic-Free Environment COM(2020) 667 final. 59 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, Pathway to a Healthy Planet for All EU Action Plan: 'Towards Zero Pollution for Air, Water and Soil' COM(2021) 400 final. 60 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions, A New Industrial Strategy for Europe COM(2020) 102 final. 61 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, 'Fit for 55': delivering the EU's 2030 Climate Target on the way to climate neutrality COM/2021/550 final. 62 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on an EU strategy to reduce methane emissions COM(2020) 663 final. 63 https://www.globalmethanepledge.org/ 64 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions Forging a climate-resilient Europe - the new EU Strategy on Adaptation to Climate Change COM(2021) 82 final. 65 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions EU Biodiversity Strategy for 2030 Bringing nature back into our lives COM(2020) 380 final. 66 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions A Farm to Fork Strategy for a fair, healthy and environmentally-friendly food system COM(2020) 381 final. 67 COM(2022) 142 68 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions REPowerEU: Joint European Action for more affordable, secure and sustainable energy; COM(2022) 108 final.
Amendment 131 #
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1a) The Paris Agreement, adopted in December 2015 under the United Nations Framework Convention on Climate Change (UNFCCC), entered into force in November 2016. The Parties to the Paris Agreement have agreed to hold the increase in the global average temperature to well below 2 °C above pre- industrial levels and to pursue efforts to limit the temperature increase to 1,5 °C. By adopting the Glasgow Climate Pact in the United Nations Climate Change Conference (COP26) in November 2021, its Parties recognised that limiting the increase in the global average temperature to 1,5 °C above pre-industrial levels would significantly reduce the risks and impacts of climate change, and they committed to strengthen their 2030 targets by the end of 2022 in order to ensure that the Parties are on track to limit global warming to 1,5 °C.
Amendment 132 #
Proposal for a directive
Recital 1 b (new)
Recital 1 b (new)
(1b) In its resolution of 28 November 2019 on the climate and environment emergency1a, the European Parliament urged the Commission to take immediate and ambitious action to limit global warming to 1,5°C. The urgency of not exceeding the Paris Agreement goal of 1,5°C has become more significant following the findings of the latest Intergovernmental Panel on Climate Change (IPCC) in its reports of 8 October 2018 entitled ‘Global warming of 1,5 °C’, of 7 August 2021 entitled ‘Climate Change 2021: The Physical Science Basis’ and of 28 February 2022 entitled 'Climate Change 2022: Impacts, Adaptation and Vulnerability'. The IPCC stated, with very high confidence, that climate change is a threat to human well- being and planetary health, and any further delay in concerted anticipatory global action on adaptation and mitigation will lead to missing a brief and rapidly closing window of opportunity to secure a liveable and sustainable future for all. The IPCC also concluded that the consequences of climate change will be far more destructive if there is a failure to limit global warming to 1,5 °C and it reaches 2°C. In addition, global temperature will reach or exceed the 1,5 °C mark earlier than previously anticipated, namely averaging over the next 20 years. It also found that unless there are immediate and ambitious reductions in greenhouse gas emissions, it will no longer be possible to limit global warming to close to 1,5 °C or even 2°C. Furthermore, in its resolution 48/13 of 8 October 2021, the UN Human Rights Council recognised the right to a safe, clean, healthy and sustainable environment as a human right. __________________ 1a OJ C 232, 16.6.2021, p. 28.
Amendment 133 #
Proposal for a directive
Recital 1 c (new)
Recital 1 c (new)
Amendment 133 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a – point vi
Article 1 – paragraph 1 – point 10 – point a – point vi
Directive 2010/75/EU
Article 14 – paragraph 1 – subparagraph 2 – point (b c) (new)
Article 14 – paragraph 1 – subparagraph 2 – point (b c) (new)
(bb) suitable monitoring requirements for the consumption and reuse of resources such as energy, water and, virgin and secondary raw materials;; ’
Amendment 134 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a – point vi – indent 1 (new)
Article 1 – paragraph 1 – point 10 – point a – point vi – indent 1 (new)
Directive 2010/75/EU
Article 14 – paragraph 1 – subparagraph 2 – point (b d) (new)
Article 14 – paragraph 1 – subparagraph 2 – point (b d) (new)
- (bd) monitoring requirements for the progress towards the fulfilment of the objectives and targets of the transformation plan pursuant to Article 27d,using the performance indicators included therein;
Amendment 135 #
Proposal for a directive
Recital 2
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, water and circular economy policies. In addition, the Zero Pollution Action Plan, the Circular Economy Action Plan, Biodiversity strategy and the Farm to Fork Strategy also call for restoring biodiversity, improving animal welfare, improving resource efficiency and reuse at industrial installations, while 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 new pollution from certain agro- industrial activities thus requires their inclusion within the scope of that Directive, while reinforcing animal welfare measures. __________________ 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.
Amendment 144 #
Proposal for a directive
Recital 3
Recital 3
(3) The Union’s extractive industry is key to achieving the aims of the European Green Deal and the EU industrial strategy, including its update. Raw materials arextraction has significant environmental impact, while they are at the same time of strategic importance for the digital and green transition, the energy, materials and circular economy transformation and to strengthen EU economic resilience. In order to achieve these objectives, sustainable domestic capacities need to be further developed, in consent of affect people in regards to extractive activities in Member States. This requires effective, tailored and harmonised measures to ensure public participation and transparency and that the best available techniques are established and employed, thus applying processes that are both the most efficient and have the lowest possible impacts on human health and the environment the environment and human health, in line with the One Health principle. The governance mechanisms of Directive 2010/75/EU that closely associate industry experts to the development of consensual and tailored environmental requirements will support the sustainable growthexecution of those activities in the Union, while promoting circularity and material reuse as the primary option. The development and availability of commonly agreed standards will level the Union’s playing field while ensuring a high level of protection of human health and the environment, in line with the One Health principle. It is therefore appropriate to include those activities within the scope of Directive 2010/75/EU. At the same time, the Union and its Member States must ensure that extractive activities in third countries are carried in line with the UN 2030 Agenda for Sustainable Development.
Amendment 152 #
Proposal for a directive
Recital 4
Recital 4
(4) Rearing of pigs, poultry and cattle cause significant pollutant emissions into the air, soil 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 requirementsinclude cattle farming and aquaculture to the scope of this directive, while amending the thresholds of animal rearing. A distinction between intensive and extensive animal rearing should be applied to ensure fair treatment of different agricultural practices and to promote better animal welfare. To this end, the legal requirement of the Nitrates Directive 91/676/EEC and ecological carrying capacities of the river basins concerned according to the Directive 2000/60/EC provide the needed indicators. Relevant BAT requirements should be designed with relevant experts, including scientific community, non-governmental organisations promoting human and animal health and industry. They take into consideration the nature, size, density and complexity of these installations, including the specificities of pasture based cattle rearing systems, where animals are only seasonally reared in indoor installations, andimal welfare measures, the range of environmental impacts they may have and other aspects of sustainable animal rearing. The proportionality requirements in BATs aim to incentivise farmers to implement the necessary transition towards increasingly environmentally friendly agricultural practices.
Amendment 153 #
Proposal for a directive
Recital 4
Recital 4
(4) RAnimal farming, especially the rearing of pigs, poultry and cattle cause significant pollutant emissions into the air, soil and water and severe damage to the climate. 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 necessarythe number of farmed animals should be reduced drastically, additionally, it is crucial to lower the threshold above which pigs and poultry installations are included within the scope of Directive 2010/75/EU and it is inevitable to include also cattle farming within that scope to meet the commitments made under the Global Methane Pledge. The establishment and expansion of industrial livestock installations shall not be granted a permit. Relevant BAT requirements take into consideration the nature, size, density and complexity of these installations, including the specificities of pasture based cattle rearing systems, where animals are only seasonally reared in indoor installations, animal welfare 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 and animal friendlyier agricultural practices, with emphasis on the protein transition. BAT requirements should be consulted with environmental and animal NGOs on a regular basis..
Amendment 153 #
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2010/75/EU
Article 15 – paragraph 3 – introductory part
Article 15 – paragraph 3 – 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 operating 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 assessment shall be made public, in an easily accessible form. The emission limit values shall be set through either of the following:
Amendment 162 #
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) Decision (EU) 2022/591 of the European Parliament and the Council on General Union Environmental Action Programme to 2030 holistically recognises the interconnections between human health, animal health and the environment through integration of the One Health approach in policymaking. Therefore, the notion of One Health approach should be reflected in this Directive, especially in Chapter VIa.
Amendment 166 #
Proposal for a directive
Recital 4 b (new)
Recital 4 b (new)
(4b) In September 2021, the European Union and the United States announced the Global Methane Pledge, which have since been joined by more than 100 counties in total. The signatories of the pledge are aiming towards a collective goal of reducing global methane emissions by at least 30 percent from 2020 levels by 2030 and enhancing reporting standards. According to the Pledge, delivering its goal would reduce warming by at least 0.2 degrees Celsius by 2050. In the EU, anthropogenic methane emissions are largely under the Regulation (EU) 2018/842, as 53% of them come from agriculture, especially from animal production1a. Therefore, a robust inclusion of animal rearing practices to this directive is essential for the Union’s climate goals and international commitments. __________________ 1a COM(2020) 663 final.
Amendment 170 #
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5a) The Communication of 20 May 2021 on EU Biodiversity Strategy for 20301aemphasises that industry and business have an impact on nature, but they also produce the important innovations, partnerships and expertise that can help address biodiversity loss. In order to deliver the ambition of the Biodiversity Strategy, Directive 2010/75/EU should address more strongly to the negative biodiversity effects of activities under the Directive in order to prevent or, where not possible, to minimise them. __________________ 1a COM(2020) 380 final
Amendment 171 #
Proposal for a directive
Recital 5 b (new)
Recital 5 b (new)
(5b) Delivering the objectives of Directive 2010/75/EU should ensure quality job creation and social progress for all. To be socially acceptable, the environmental ambition proposed in this Directive should be matched by an equivalent social ambition, in line with the European Pillar of Social Rights, and promote work safety, creation quality jobs, promote decent work, raise labour standards, strengthen social dialogue, tackle discrimination at work and promote gender equality in order to guarantee just and inclusive industrial transition.
Amendment 172 #
Proposal for a directive
Recital 5 c (new)
Recital 5 c (new)
(5c) On 16 June 2022, the Council adopted a Recommendation on ensuring a fair transition towards climate neutrality1a, where it highlighted the need for accompanying measures and for paying particular attention to supporting those regions, industries, micro, small and medium-sized enterprises, workers, households and consumers that will face the greatest challenges. That recommendation encourages Member States to consider a set of measures in the areas of employment and labour market transitions, job creation and entrepreneurship, health and safety at work, public procurement, taxation and social protection systems, essential services and housing, as well as education and training also with a view to strengthening gender equality. __________________ 1a Council Recommendation of16 June 2022 on ensuring a fair transition towards climate neutrality (OJ C243, 27.6.2022, p. 35).
Amendment 174 #
Proposal for a directive
Recital 6
Recital 6
(6) With a view to further strengtheningguarantee public access to environmental information to enforce public scrutiny and democratic processes, it is necessary to clarify that permits for installations granted pursuant to Directive 2010/75/EU are to be made available to the public on the Internet, free of charge and without restrictin an easily accessible form. Relevant information of permits, ing access to registered users. A uniform summary of permitsn understandable language to non- professionals, should also be made available to the public under the same conditions.
Amendment 177 #
Proposal for a directive
Recital 8
Recital 8
(8) Member States should also adopt compliance assurance measures to promote, monitor and enforce compliance with obligations placed on natural or legal persons under Directive 2010/75/EU. These compliance measures should give a clear financial incentive to comply with the obligations of this directive. As part of compliance assurance measures, competent authorities should be able to suspend the operation of an installation where a continued breach of the permit conditions and the non-implementation of the findings of the inspection report pose or risk causing a danger to human health or a significantn adverse effect upon the environment, in order to stop that danger.
Amendment 180 #
Proposal for a directive
Recital 9
Recital 9
(9) In order to foster energy efficiency of installations within the scope of Directive 2010/75/EU which are carrying out activities listed in Annex I to Directive 2003/87/EC, it is appropriate to apply the energy efficiency first principle and submit those installations to energy efficiency and resource efficiency requirements in respect of combustion units or other units emitting carbon dioxide on the site. Energy and resource efficiency are key areas of action, without which the achievements of objectives pursuant to Regulation (EU)2021/1119 cannot be achieved.
Amendment 183 #
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) REPowerEU acknowledges that energy efficiency measures can improve resilience in case of disruption of energy imports from third countries to the Union and its member states, particularly in the events of geopolitical conflicts. As such, energy efficiency is a critical element to ensure the safety and wellbeing of people, stabilise markets and prevent further energy price volatility.
Amendment 184 #
Proposal for a directive
Recital 9 b (new)
Recital 9 b (new)
(9b) To ensure that permits under this Directive address the need to improve performance in relation to environmental problems and reflect the most effective best available techniques, the maximum validity of a permit should be 8 years.
Amendment 185 #
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10a) In addition, the preparation of BAT reference documents would benefit from the expertise non-governmental organisations promoting human and animal health, the European Environmental Agency and newly formed Centre pursuant to Article 27a of Directive 2010/75/EU. Therefore, these organisations should be given a formal role in the process. Furthermore, to highlight to most ambitious industry actors, special attention should be given to providers and users of most effective techniques and emerging effective techniques.
Amendment 186 #
Proposal for a directive
Recital 10 b (new)
Recital 10 b (new)
(10b) In accordance to its own work programme, the European Scientific Advisory Board on Climate Change established under Article 10a of Regulation (EC) No 401/2009 (the "Advisory Board") shall be provided a possibility to participate to the preparation of BAT reference documents.
Amendment 187 #
Proposal for a directive
Recital 11
Recital 11
(11) In order to facilitate the exchange of information supporting the determination of emission levels and environmental performance levels associated with best available techniques (BAT), while maintaining the integrity of confidential business information,it must be ensured that the procedures for the handling of information qualifying as confidential business information or sensitive commercial information, and as collected from the industry in the context of the exchange of information organised by the Commission for the purpose of drafting, reviewing or updating BAT reference documents should be specifi is carried out in accordance to Union law. At the same time to avoid any conflicts of interest, the information should only be shared with representatives that do not have a conflicting interest with the industry concerned,. It should be ensured that individuals participating in the exchange of information do not share information qualifying as confidential business information or sensitive commercial information with any representative of undertakings or trade associations having an economic interest in the concerned industrial activities and related markets. Such exchange of information is without prejudice to Union competition law, in particular Article 101 of the Treaty on the Functioning of the European Union (TFEU). Any information that relates to environmental performance of an installation, including impacts to the environment due to consumption of resources, should be regarded as non- confidential.
Amendment 188 #
Proposal for a directive
Recital 12
Recital 12
(12) To ensure the protection of human and animal health and the environment as a whole, in accordance to the One Health approach, synergies and coordination with other relevant Union environmental legislation are necessary, at all stages of its implementation. Therefore, all relevant competent authorities that ensure compliance with relevant Union environmental legislation should be duly consulted before the granting of a permit under Directive 2010/75/EU.
Amendment 189 #
Proposal for a directive
Recital 13
Recital 13
(13) With a view to continuously improving and measuring the environmental performance and safety of the installation, including by preventing waste generation, optimising resource useimproving energy efficiency, resource and water use, the reuse of waste water effluents and watother reusesources, and preventing or reducing risks associated with the use of hazardous substances, the operator should establish and implement an environmental management system (EMS) in accordance with relevant BAT conclusions, and should make it available to the public. The EMS should also cover the management of risks related to the use of the hazardous substances and an analysis of the possible substitution of hazardous substances by safer alternatives and the actions taken to achieve the targets under the transformation plan.
Amendment 191 #
Proposal for a directive
Recital 14
Recital 14
(14) It is necessary to specify further the conditions under which the competent authority, when setting emission limit values applicable to pollutant releases to water in a permit granted under Directive 2010/75/EU, may take account of the downstream treatment processes in a waste water treatment plant, in order to ensure that such releases do not lead to an increased load of pollutants in receiving waters when compared to a situation where the installation applies BATthe most effective BAT(s) and meets emission levels associated with the most effective best available techniques for direct releases.
Amendment 193 #
Proposal for a directive
Recital 15
Recital 15
(15) Providing a high level of protection of human health and the environment as a whole requires inter alia the establishment in permits of emission limit values at a level that ensures compliance with the applicable emission levels associated with the bemost available techniques set out in the BAT conclusions. Emission levels associated with the best available techniques (BAT-AELs) are usually expressed as ranges, rather than as single values, to reflect the differences within a given type of installations that result in variations in the environmental performances achieved when applying BAT. For example, a given BAT will not deliver the same performance for different installations, some BATs may not be suitable for use in certain installations, or aeffective best available techniques set out in the BAT(s)conclusions. The combination of BATs may be more effective on some pollutants or environmental media than others. The achievement of a high level of protection of human and animal health and the environment as a whole, in accordance to the One Health approach has been jeopardised by the practice of setting emission limit values at the laxest end of the range of emission levels associated with the best available techniques, without considering the potential of a given installation to achieve lower emission levels through the application of the most effective best available techniques. Such practice discourages frontrunners from implementing more effective techniques, and hinders the achievement of a level- playing field at a high level of protection of human and animal health and the environment. Competent authorities should therefore be required to set in permits the lowest possible emission limit values which reflect the performance of BAT for the specific installations, taking into consideration the whole range of BAT- AELs and aiming at the best environmental performance possible for the installations; unless the operator demontechnical non-feasibility of meeting the straictes that applying best available techniques as described in the BAT conclusions only allows the concerned installation to meeting less strict emission limit valuest end of the BAT- AEL range.
Amendment 194 #
Proposal for a directive
Recital 15
Recital 15
(15) Providing a high level of protection of human healthand animal health and welfare, biodiversity, and the environment as a whole requires inter alia the establishment in permits of emission limit values at a level that ensures compliance with the applicable emission levels associated with the best available techniques set out in the BAT conclusions. Emission levels associated with the best available techniques (BAT-AELs) are usually expressed as ranges, rather than as single values, to reflect the differences within a given type of installations that result in variations in the environmental performances achieved when applying BAT. For example, a given BAT will not deliver the same performance for different installations, some BATs may not be suitable for use in certain installations, or a combination of BATs may be more effective on some pollutants or environmental media than others. The achievement of a high level of protection of human health and the environment as a whole has been jeopardised by the practice of setting emission limit values at the laxest eBefore considering the potential of a given installation to achieve lower emission levels through the application of best available techniques, effects on nature, environment and the health and welfare of humans and animals will be thoroughly assessed. Technological and of the range of emission levels associated with the best available techniques, without considering the potential of a given installation to achiever solutions with the aim of reducing emissions from animal farming, such as permanent indoor housing, air scrubbers and lower -emission levels through the application of best available techniques. Such practice discourages frontrunners from implementing more effective techniques, andstable floors that require a significant investment from farmers will not fall under best available techniques. Such practices hinders the achievement of a level-playing field at a high level of protection of human healthand animal health and welfare, biodiversity and the environment. Competent authorities should therefore be required to set in permits the lowest possible emission limit values which reflect the performance of BAT for the specific installations, taking into consideration the whole range of BAT- AELs and aiming at the best environmental performance possible for the installations; unless the operator demonstrates that applying best available techniques as described in the BAT conclusions only allows the concerned installation to meeting less strict emission limit values.
Amendment 197 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2010/75/EU
Article 27
Article 27
Member States shall, where appropriate, encourage and support the development and application of emerging techniques, in particular where such techniques have been identified in the BAT conclusions, the BAT reference documents or the findings of the innovation centre for industrial transformation and emissions referred to in Article 27a. Special attention shall be given to early application of emerging techniques.
Amendment 201 #
Proposal for a directive
Recital 16
Recital 16
(16) The contribution of Directive 2010/75/EU to resource and energy efficiency and circular economy in the Union should be made more effective, taking into considerationby applying the ‘Energy Efficiency First’ as a guiding principle of the Union energy policy. Therefore, the permits should establish, where possible, mandatory environmental performance limit values on consumption and resource efficiency levels, including on the useconsumption of water, energy and recycledaw materials, and their reuse based on the environmental performance levels associated with the best available techniques (BAT AEPLs) set out in decisions on BAT conclusions.
Amendment 202 #
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 a (new) – paragraph 3, point (g a) (new)
Article 27 a (new) – paragraph 3, point (g a) (new)
3a. (ga) representatives of consumers' organisations.
Amendment 205 #
Proposal for a directive
Recital 17
Recital 17
(17) With a view to preventing or minimising the emission of pollutants by installations within the scope of Directive 2010/75/EU and to, levelling the playing field across the Union, the conditions under which derogations from emissions limit values can be granted should bnd avoiding a race to the beotter framed through general principles, in order to ensure a more harmonized implementation of such derogations throughout the Union. Moreover,om in regards to environmental regulation across the Union, the conditions under which derogations from emissions limit values should notcan be granted where they may put at risk compliance with environmental quality standardsshould converge and be significantly tightened.
Amendment 207 #
Proposal for a directive
Recital 19
Recital 19
(19) Environmental quality standards refer to all the requirements set out in Union law, such as Union legislation on air and water; which must be fulfilled at a given time by a given environment or particular part thereof. Therefore it is appropriate to clarify that when granting a permit to an installation, competent authorities should not only set out conditions to ensure compliance of the installation’s operations with thactivity with the use of the most effective best available techniques conclusions, but should also, where appropriate with a view to reducing the specific contribution of the installationactivity to the pollution occurring in the relevant area, or other areas in need of specific protection, include specific additional conditions in the permit stricter than those set in relevant BAT conclusions, so as to ensure the installation’s compliance with environmental quality standards. Such conditions may consist in setting stricter emission limit values or limiting the operation or capacity of the installationtricter 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.
Amendment 210 #
Proposal for a directive
Recital 20
Recital 20
(20) Permit conditions should be regularly reviewed and, where necessary, updated by the competent authority to ensure compliance with relevant legislation. Such review or update should also take place where it is necessary for the installation to comply with an environmental quality standard, including in the case of a new or revised environmental quality standard or where the status of the receiving environment requires a revision of the permit in order to achieve compliance with plans and programmes set under Union legislation, such as the river basin management plans under Directive 2000/60/EC of the European Parliament and of the Council72 . To ensure that permits address the need to improve performance in relation to environmental problems and reflect the most effective best available techniques, permits must be reconsidered every 8th years. __________________ 72 Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ L 327, 22.12.2000).
Amendment 213 #
Proposal for a directive
Recital 23
Recital 23
(23) Transboundary cooperation should take place prior to reconsideration or the granting of permits where more than one Member State may be affected by the operation of an installation, and should include prior information and consultation of the public concerned and competent authorities in the other Member States which may be affected.
Amendment 214 #
Proposal for a directive
Recital 24
Recital 24
(24) The evaluation of Directive 2010/75/EU found that, even if it should foster the transformation of European industry, it is not dynamic enough and does not sufficiently support the deployment of innovative processes and technologies. It is therefore appropriate to facilitate the testing and deployment of emerging techniques with improved environmental performance, to facilitate cooperation with researchers and industries in publicly funded research projects subject to the conditions foreseen in the relevant European and national funding instruments, as well as to set up a dedicated centre to support innovation by collecting and analysing information on innovative techniques, including emerging techniques, and promoting their deployment, including emerging techniques and monitoring measures, and innovation policies of the Union and its Member States relevant to activities within the scope of that Directive and t. The centre should also characterise their level of technology development from research to deployment (technology readiness level or ‘TRL’) and their environmental performance. Special attention should be given to technologies that are aligned with the ‘do no significant harm’ principle within the meaning of Articles 17 of Regulation (EU) 2020/852 of the European Parliament and of the Council. This will also inform the exchange of information on drawing up, reviewing and updating BAT reference documents. Innovative techniques to be collected and analysed by the centre should be at least at the level of technology demonstrated in relevant environment (industrially relevant environment in the case of key enabling technologies) or system prototype demonstration in operation environment (TRL 6-7).
Amendment 216 #
Proposal for a directive
Recital 25
Recital 25
(25) Achieving Union objectives regarding a clean, circular and climate neutral economy by 2050 calls for a deep transformation of the Union economy. Consistently with the 8th Environmental Action Programme, operators of installations covered by Directive 2010/75/EU should therefore be required to include mandatory transformation plans in their environmental management systems. Such transformation plans will also complement the Corporate Sustainability Reporting requirements under Directive 2013/34/EU of the European Parliament and of the Council75 by providing a means for concrete implementation of these requirements at installation level. The first priority is the transformation of energy- intensive activities listed in Annex I. Therefore, the operators of energy- intensive installations should produce transformation plans by 30 June 203026. Operators of installations carrying out other activities listed in Annex I should be required to produce transformation plans as part of the permit reconsideration and update following the publication of decisions on BAT conclusions published after 1 January 2030. Whilst the transformation plans should remain indicative documents prepared under the responsibility of the operators, the audit organisation contracted by the operators as part of their environmental management systems should check that they contain the minimum information to be set by the European Commission in an implementing act, and the operators should make the transformation plans public. The transformation plans are a key tool for to Union to achieve the ambition the Communication from the Commission of 11 December 2019 on the European Green Deal (* add to footnote: COM(2019) 640 final.) and relevant Union legislation, in particular Decision (EU) 2022/591 and any following General Environment Action programmes, and international commitments, in particular the Paris Agreement and UN 2030 Agenda for Sustainable Development. They also play an essential role in ensuring a just an inclusive industrial transition. __________________ 75 Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings, amending Directive 2006/43/EC of the European Parliament and of the Council and repealing Council Directives 78/660/EEC and 83/349/EEC; OJ L 182, 29.6.2013, p. 19–76.
Amendment 221 #
Proposal for a directive
Recital 25 a (new)
Recital 25 a (new)
(25a) In order to ensure that the most effective best available techniques are applied, significant pollution to the environment and adverse effects human and animal health are avoided, and the climate objectives under European Climate law are achieved, the emission limits values of combustion plant, including multi-fuel firing combustion plants, and desulphurisation rates under Chapter III should be updated and significantly tightened.
Amendment 222 #
Proposal for a directive
Recital 25 b (new)
Recital 25 b (new)
(25b) Articles 32 to 35 should be deleted as redundant.
Amendment 223 #
Proposal for a directive
Recital 26
Recital 26
(26) Further clarity is needed regarding the criteria to assess whether the cleaned gases or liquids resulting from the gasification and pyrolysis of waste are sufficiently purified to such an extent that they are no longer waste prior to their incineration. In addition, waste incineration plants and waste co- incineration plants should be required to apply mixed municipal waste sorting systems prior to incineration to remove recover materials for recycling, within a reasonable transition period for existing plants. Furthermore, additional attention should be given to emissions of dioxins and furans (PCDD/F) and Dioxin-Like Polychlorinated Biphenyls (dI-PCBs).
Amendment 225 #
Proposal for a directive
Recital 27
Recital 27
Amendment 230 #
Proposal for a directive
Recital 28
Recital 28
(28) Innovative techniques coming on the market are expected to increasingly reduce both emissions of pollutants and of greenhouse gases from installations within the scope of both Directive 2010/75/EU and Directive 2003/87/EC of the European Parliament and of the Council76 . Whilst this will allow for the building of further synergies between those Directives, it may affect their operation, including on the carbon market. Directive 2003/87/EC contains in this regard a provision to review the effectiveness of synergies with Directive 2010/75/EU, and calling for environmental and climate relevant permits to be coordinated to ensure efficient and speedier execution of measures needed to comply with Union climate and energy objectives. In order to take into account the dynamics of innovation in this regard and the review referred to in Article 8 of Directive 2003/87/EC, the Commission should submit a report reviewing the implementation of Directive 2010/75/EU to the European Parliament and to the Council by 20286 and every 5 years thereafter. Furthermore, the review take into account the need for further measures to prevent pollution, to ensure a just and inclusive industrial transition and promote public participation and transparency and the impacts of Chapter VIa and Annex Ia to animal welfare. __________________ 76 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 (OJ L 275, 25.10.2003, p. 32).
Amendment 238 #
Proposal for a directive
Recital 29
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 and animal health and the environment, in accordance to the One Health approach, 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 aquaculture, 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 and animal health and the environment. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert levelwith relevant experts, including the scientific community environmental and animal- welfare NGOs and industry associations, 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.
Amendment 247 #
Proposal for a directive
Recital 31
Recital 31
(31) In order to ensure the effective implementation and enforcement of the obligations set out in Directive 2010/75/EU, it is necessary to specify the minimum content of effective, proportionate and dissuasive penalties and the Commission to evaluate their proper implementation on Member State level. In each Member State, the penalties should give a clear financial incentive to comply with the obligations of this directive. Disparities in penalties regimes, the fact that imposed penalties are deemed in many cases too low to truly have a deterrent effect on illegal behaviours, and the lack of uniform implementation across Member States, undermine the level playing field on industrial emissions throughout the Union. Account should be taken of Directive 2008/99/EC on the protection of the environment through criminal law where a detected infringement under this Directive constitutes an offence within the scope Directive 2008/99/EC. To increase transparency and public accountability, the issued penalties and their receivers should be communicated to the public, in an easily accessible form.
Amendment 248 #
Proposal for a directive
Recital 32
Recital 32
(32) Where damage to human health has occurred as a result of a violation of national measures adopted or any other requirements pursuant to Directive 2010/75/EU, Member States should ensure that the individuals affected are able to claim and obtain compensation for that damage from the relevant natural or legal persons and, where appropriate, from the relevant competent authorities responsible for the infringement when a decision, act or omission of the authority caused or contributed to the damage. Such rules on compensation contribute to pursuing the objectives of preserving, protecting and improving the quality of the environment and protecting human health as laid down in Article 191 TFEU. They also underpin the right to life, integrity of the person and health care laid down in Article 2, 3 and 35 of the Charter of Fundamental Rights of the European Union and the right to an effective remedy as laid down in Article 47 of the Charter. Moreover, Directive 2004/35/EC of the European Parliament and of the Council does not give private parties a right of compensation as a consequence of environmental damage or of an imminent threat of such damage.
Amendment 254 #
Proposal for a directive
Recital 34
Recital 34
(34) The impact of Directive 2010/75/EU on the procedural autonomy of the Member States should be limited to what is necessary to ensure the objectives of protection of human health through a safe environment pursued by it and should not affect other national procedural rules establishing the right to seek compensation for violations of that Directive. Such national rules should however not hamperpromote the effective functioning of the mechanism for seeking compensation required by Directive 2010/75/EU and to alleviate any information asymmetry in the benefit of the individuals affected.
Amendment 259 #
Proposal for a directive
Recital 39
Recital 39
(39) Since the objectives of this Directive, namely to ensure a high level of environmental protection and the improvement oftransition anthropogenic activities and industrial processes towards climate neutrality and a fully circular economy whilst achieving a toxic-free environmental quality, cannot be sufficiently achieved by Member States and can, therefore, by reason of the transboundary nature of pollution from industrial activities, be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.
Amendment 262 #
Proposal for a directive
Article 1 – paragraph 1 – point – 1 a (new)
Article 1 – paragraph 1 – point – 1 a (new)
Directive 2010/75/EU
Article 1 – paragraph 1
Article 1 – paragraph 1
Amendment 263 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2010/75/EU
Article 1 – paragraph 2
Article 1 – paragraph 2
It also lays down rules designed to prevent or, where that is not technically practicable, to reduce emissions into air, water and land and to prevent the generation of waste,continuously reduce the environmental impact of the overall life- cycle of the supply chain, including emissions into air, water and land, decarbonise industrial production, phase out of chemicals of concern, prevent the generation of waste and to improve resource efficiency in regards to the use of water, energy and raw materials in order to achieve a high level of protection of human and animal health and the environment taken as a whole.. in alignment with the One Health principle. The provisions applied pursuant to this Directive shall also boost the uptake of most effective best available techniques, reduce the vulnerability of the Union to raw materials dependency, improve resilience through circular and sustainable production means and show case global frontrunner environmental standards making and implementation practice of the Union. When undertaking the actions to meet their obligations set out in this Directive, Member States shall consider the need to ensure a just and socially fair transition for all. The Commission may issue guidance to support Member States in that regard.
Amendment 273 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Directive 2010/75/EU
Article 3 – paragraph 1 – point 3
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;, pollution and consumption of natural resources including water, energy, and raw materials;
Amendment 285 #
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 by the following: (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 law; or 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 pursuant to Directive(2016/2284/EU) and National Climate and Energy Plans pursuant to Regulation(EU/2018/1999). 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; Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02010L0075- 20110106&qid=1670312326229)
Amendment 290 #
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 294 #
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
(ag) In Article 3, paragraph 1, point 9 is replaced as follows: (9) ‘substantial change’ means a change in the nature or functioning, or an extension, or an extension of a duration of operation, of an installation or combustion plant, waste incineration plant or waste co- incineration plant which may have significant negative effects on human health or the environment; (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02010L0075-Or. en 20110106&qid=1670312326229)
Amendment 295 #
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
Article 3 – paragraph 1 – point 10
(ah) In Article 3, paragraph 1, point 10 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 objectives of the Communication from the Commission of 11 December 2019 on The European Green Deal1a and relevant Union legislation, in particular Decision (EU)2022/591 and any following General Environment Action programmes, and international commitments, in particular the Paris Agreement and UN 2030 Agenda for Sustainable Development: (a) ‘techniques’ includes both the technology used to conduct the activity and the way in which the installationactivity is designed, built, maintained, operated and decommissioned; (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 operator; (c) ‘best’ means most effective in achieving a high general level of protection of the environment as a whole; Union. The long-term sustainability, local resource use resilience, workers impact and animal welfare, in accordance with the One Health approach, shall be considered; (c) ‘best’ means most effective in achieving a high general level of protection of the environment as a whole, including human and animal health, in accordance with the One Health approach, climate mitigation and biodiversity; 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. __________________ 1a COM(2019)640 final Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02010L0075- 20110106&qid=1670312326229)
Amendment 310 #
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 387 #
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 396 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point f
Article 1 – paragraph 1 – point 3 – point f
(e) waste prevention levels;
Amendment 401 #
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 – f a (new)
Article 3 – paragraph 1 – point 53 – f a (new)
(fa) levels of emissions with global warming potential;
Amendment 411 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – introductory part
Article 1 – paragraph 1 – point 4 – introductory part
Directive 2010/75/EU
Article 4 – paragraph 1 – subparagraph 2
Article 4 – paragraph 1 – subparagraph 2
Amendment 418 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 a (new)
Article 1 – paragraph 1 – point 4 a (new)
(4a) Article 5 – paragraph 1 is replaced by the following: "1. Without prejudice to other requirements laid down in national or Union law, the competent authority shall grant a permit if the installation complies with the requirements of this Directive. , if it seems that granting the permit does not jeopardise the achievement of Union objectives pursuant the Communication from the Commission of 11 December 2019 on the European Green Deal2a and Union relevant legislation, in particular Decision (EU) 2022/591 and any following General Environment Action programmes, and international commitments, in particular the Paris Agreement and UN 2030 Agenda for Sustainable Development. The Commission shall by [18 months after the date of entry into force of this Directive] adopt a delegated act in accordance with Article76 to supplement this Directive by establishing minimum requirements for emission thresholds that shall be defined to jeopardise the achievement of Union objectives under relevant legislation and international commitments. " __________________ 2a COM(2019) 640 final Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02010L0075- 20110106&qid=1670312326229)
Amendment 424 #
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)
(4b) In Article 5, paragraph 1a (new) is inserted: 1a. The maximum validity of an operating permit shall not exceed 8 years.
Amendment 425 #
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)
(4c) In Article 5, paragraph 1 b (new) is inserted: 1b. 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 objective may be compromised, the granting of an operating permit shall be refused, or for existing activities withdrawn until the operator has carried out necessary adjustment in its activities.
Amendment 426 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 d (new)
Article 1 – paragraph 1 – point 4 d (new)
Directive 2010/75/EU
Article 5 – paragraph 1 c (new)
Article 5 – paragraph 1 c (new)
(4d) In Article 5, paragraph 1 c (new) is inserted: 1c. Member States shall take the necessary measures to ensure at least the following conditions are set for granted permits: (a) As of 1 January 2023, any combustion of fuels in installations listed in Annex I shall not result in greenhouse gas emissions exceeding 270 gCO2e/kWh. (b) As of January 2030, any combustion of fuels in installations listed in Annex I shall not result in greenhouse gas emissions exceeding 100 gCO2e/kWh. (c) At the latest by 2040, any combustion of fuels in installations listed in Annex I shall not result in greenhouse gas emissions exceeding 0 gCO2e/kWh. The Commission may adopt a delegated act in accordance with Article 76 to supplement this Directive by establishing further necessary measures for permits to ensure the achievement of objectives pursuant to Article 1.
Amendment 431 #
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
Member States shall ensure that the content of permits granted pursuant to this Article are compatible and made available on the Internet, free of charge and without restricting access to registered userin an easily accessible form, 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 439 #
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 c
Article 5 – paragraph 4 – subparagraph 1 – point c
Amendment 440 #
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) transition plan pursuant to article 27d.
Amendment 442 #
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 b (new)
Article 5 – paragraph 4 – subparagraph 1 – point e b (new)
(eb) the name and email of the specific authority or body responsible for information requests and complaints.
Amendment 451 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 a (new)
Article 1 – paragraph 1 – point 5 a (new)
Directive 2010/75/EU
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 461 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2010/75/EU
Article 7 – paragraph 1 – point b a (new)
Article 7 – paragraph 1 – point b a (new)
(ba) within one month, the operator in co-operation with employees of the installation in question shall provide a report of the reasons that led to the event and lay down corrective measures with the aim of preventing such events in the future.
Amendment 466 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2010/75/EU
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
(1a) Information referred to in points (a) to (c) shall be made public, in an easily accessible form. The operator may apply for a derogation from the Member State, if it evaluates the information containing provisions considered as confidential business information or commercially sensitive information.
Amendment 474 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2010/75/EU
Article 8 – paragraph 2 – subparagraph 2
Article 8 – paragraph 2 – subparagraph 2
Where the breach of the permit conditions poses an immediate danger to human health or threatens to cause an immediate significant adverse effect upon the environment, and until compliance is restored in accordance with the first subparagraph, points (b) and (c), the operation of the installation, combustion plant, waste incineration plant, waste co- incineration plant or relevant part thereofactivity for which the permit was issued in accordance with Article 4 shall be suspended without any delay.
Amendment 479 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2010/75/EU
Article 8 – paragraph 2 – subparagraph 2 a (new)
Article 8 – paragraph 2 – subparagraph 2 a (new)
2a. Where a breach of the permit conditions is likely to affect natural resources, including transboundary resources, the competent authority shall notify all relevant authorities who ensure compliance with environmental legislation, providing full details in relation to the breach and the impacts, without any delay. All relevant authorities shall cooperate in order to ensure that the consequences on the environment and human health are minimised. The competent authorities shall ensure that compliance is restored within the shortest possible time.
Amendment 483 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2010/75/EU
Article 8 – paragraph 3
Article 8 – paragraph 3
Where the breach of the permit conditions continues to cause a danger to human health or a a significantn adverse effect upon the environment, and where the necessary action for restoring compliance identified in the inspection report referred to in Article 23(6) have not been implemented, the operation of the installation, combustion r have been ineffective to restore compliant, waste incineration plant, waste co-incineration plant or relevant part thereof mayce, the activity for which the permit was issued in accordance with Article 4 shall be suspended by the competent authority until compliance with the permit conditions is restored.
Amendment 484 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2010/75/EU
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
(3a) Where the breach of the permit conditions continues where penalties previously applied as per Article 79 for the same violation have been ineffective to restore compliance, the activity for which the permit was issued in accordance with Article 4 shall be suspended by the competent authority until compliance with the permit conditions is restored.
Amendment 487 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2010/75/EU
Article 8 – paragraph 3 b (new)
Article 8 – paragraph 3 b (new)
(3b) The suspension shall operate in an effective manner and shall not be postponed or ceased by any means, including if the operator challenges the suspension decision through any administrative or judicial means, unless there is a definitive judicial decision concluding that the operation can be resumed.
Amendment 489 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 a (new)
Article 1 – paragraph 1 – point 6 a (new)
Directive 2010/75/EU
Article 9 – paragraph 1
Article 9 – paragraph 1
(6a) Article 9 – paragraph 1 is replaced by the following: "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 include anand are equal to or lower than the relative product benchmark as set out in Commission Delegated Regulation (EU) 2019/3313a 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 it is necessary to ensure that no significant local pollution is caused. the climate targets set out in Regulation (EU) 2021/11194a are achieved and that no significant pollution is caused. " __________________ 3a 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, OJ27.2.2019 L59/8 4a Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (‘European Climate Law’ Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02010L0075- 20110106&qid=1670312326229)
Amendment 541 #
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 in line with the objectives of Regulation (EU) 2021/1119;
Amendment 543 #
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 ensure animal welfare, in line with the One Health approach.
Amendment 545 #
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 b (new)
Article 11 – paragraph 1 – point f c b (new)
(fcb) the necessary measures are taken to minimise negative impacts to biodiversity;
Amendment 546 #
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 c (new)
Article 11 – paragraph 1 – point f c c (new)
(fcc) necessary measures are taken to ensure that work place conditions are aligned with the European Pillar of Social Rights;
Amendment 553 #
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 b
Article 12 – paragraph 1 – point b
(8a) Article 12(1), point b is replaced by the following: "(b) the raw and auxiliary materials, and other substances and the energy used in or generated by the installation; " Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02010L0075- 20110106&qid=1670312326229)
Amendment 554 #
Proposal for a directive
Article 1 – paragraph 1 – point 8 b (new)
Article 1 – paragraph 1 – point 8 b (new)
Directive 2010/75/EU
Article 12 – paragraph 1 – point b a (new)
Article 12 – paragraph 1 – point b a (new)
Amendment 555 #
Proposal for a directive
Article 1 – paragraph 1 – point 8 c (new)
Article 1 – paragraph 1 – point 8 c (new)
Directive 2010/75/EU
Article 12 – paragraph 1 – point b b (new)
Article 12 – paragraph 1 – point b b (new)
(8c) In Article 12, paragraph 1, point b b (new) is added (bb) the efficiency and reuse of energy, water and resources used in or generated by the installation;
Amendment 561 #
Proposal for a directive
Article 1 – paragraph 1 – point 8 d (new)
Article 1 – paragraph 1 – point 8 d (new)
Directive 2010/75/EU
Article 12 – paragraph 1 – point k - subparagraph 1
Article 12 – paragraph 1 – point k - subparagraph 1
(8d) In Article 12(1), point k, subparagraph 1, is replaced by the following: "(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. " Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02010L0075- 20110106&qid=1670312326229)
Amendment 565 #
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 European Chemicals Agency and the Commission. non- governmental organisations promoting human and animal health, the European Environmental Agency, the European Chemicals Agency, the Center pursuant to Article 27a and the Commission. In regards to industries concerned, special attention shall be given to providers and users of most effective techniques and emerging effective techniques. The European Scientific Advisory Board on Climate Change established under Article 10a of Regulation (EC) No 401/2009 (the "Advisory Board") shall be provided a possibility to participate to the exchange of information pursuant to the first subparagraph and it may, dependent on its own work programme and choice, participate with the purpose of providing scientific advice.
Amendment 579 #
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
(aa) theArticle 13, paragraph 2, point a is replaced by the following: (a) the best performance of installations and techniques in terms of emissions, including feedstock, expressed as short- and long-term averages, where appropriate, and the associated reference conditions, consumption and nature of raw materials, water consumption, use of energy and generation of waste; (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02010L0075-Or. en 20110106&qid=1670312326229)
Amendment 580 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point a b (new)
Article 1 – paragraph 1 – point 9 – point a b (new)
(ab) In Article 13, paragraph 2, point aa (new) is inserted: (aa) the best 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, water and raw materials ), industrial symbiosis applications;
Amendment 583 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point a c (new)
Article 1 – paragraph 1 – point 9 – point a c (new)
Directive 2010/75/EU
Article 13 – paragraph 2 – point a b (new)
Article 13 – paragraph 2 – point a b (new)
(ac) In Article 13, paragraph 2, point ab (new) is added: (ab) the best 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 586 #
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
(ad) Article 13, paragraph 2, point b is replaced by the following: (b) the best techniques used, associated monitoring, cross-media effects, economic and technical viability and developments therein; (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02010L0075-Or. en 20110106&qid=1670312326229)
Amendment 590 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point a e (new)
Article 1 – paragraph 1 – point 9 – point a e (new)
Directive 2010/75/EU
Article 13 – paragraph 2 – point b a (new)
Article 13 – paragraph 2 – point b a (new)
(ae) In Article 13, paragraph 2, point b a (new) is added: (ba) best practices and techniques to support climate mitigation efforts aligned with Union targets pursuant to Regulation (EU) 2021/1119;
Amendment 591 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point a f (new)
Article 1 – paragraph 1 – point 9 – point a f (new)
Directive 2010/75/EU
Article 13 – paragraph 2 – point b b (new)
Article 13 – paragraph 2 – point b b (new)
(af) In Article 13, paragraph 2, point bb (new) is added: (bb) best practices and techniques to prevent and minimise negative effects to biodiversity;
Amendment 592 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point a g (new)
Article 1 – paragraph 1 – point 9 – point a g (new)
Directive 2010/75/EU
Article 13 – paragraph 2 – point b c (new)
Article 13 – paragraph 2 – point b c (new)
(ag) In Article 13, paragraph 2, point bc (new) is added: (bc) 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 594 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point a h (new)
Article 1 – paragraph 1 – point 9 – point a h (new)
Directive 2010/75/EU
Article 13 – paragraph 2 – point c
Article 13 – paragraph 2 – point c
(ah) Article 13, paragraph 2, point c is replaced by the following: (c) best available techniques and emerging techniques identified after considering the issues mentioned in points (a) and (b). (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02010L0075-to (bc), according to the criteria set out in Annex III. Or. en 20110106&qid=1670312326229)
Amendment 600 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point b
Article 1 – paragraph 1 – point 9 – point b
Directive 2010/75/EU
Article 13 – paragraph 2 – subparagraph 2
Article 13 – paragraph 2 – subparagraph 2
Amendment 612 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point b a (new)
Article 1 – paragraph 1 – point 9 – point b a (new)
Directive 2010/75/EU
Article 13 – paragraph 3 – subparagraph 1
Article 13 – paragraph 3 – subparagraph 1
Article 13, paragraph 3, subparagraph 1 is replaced by the following: 3. The Commission shall establish and regularly convene a forum composed of a balanced representation between representatives of Member States, the industries concerned, scientific community and non- governmental organisations promoting environmental protection. protection of environment and human and animal health. Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02010L0075- 20110106&qid=1670312326229)
Amendment 615 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point ba (new)
Article 1 – paragraph 1 – point 9 – point ba (new)
Directive 2010/75/EU
Article 13 – paragraph 3 – subparagraph 1 a (new)
Article 13 – paragraph 3 – subparagraph 1 a (new)
In Article 13, paragraph 3, subparagraph 1a (new) is inserted: 1a. The European Scientific Advisory Board on Climate Change established under Article 10a of Regulation (EC) No 401/2009 (the "Advisory Board") shall be provided a possibility to participate to the forum pursuant to the first subparagraph and it may, dependent on its own work programme and choice, participate with the purpose of providing scientific advice.
Amendment 617 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point b c (new)
Article 1 – paragraph 1 – point 9 – point b c (new)
Directive 2010/75/EU
Article 13 – paragraph 3 – subparagraph 2 – point a
Article 13 – paragraph 3 – subparagraph 2 – point a
Amendment 619 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point b d (new)
Article 1 – paragraph 1 – point 9 – point b d (new)
Directive 2010/75/EU
Article 13 – paragraph 3 – subparagraph 2 – point a a (new)
Article 13 – paragraph 3 – subparagraph 2 – point a a (new)
In Article 13, paragraph 3, subparagraph 2, point a a (new) is added: (aa) measures to ensure a balanced number of representatives between the industries concerned, scientific community and the non-governmental organisations promoting the protection of human health and/or the environment;
Amendment 622 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point b e (new)
Article 1 – paragraph 1 – point 9 – 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 625 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point b f (new)
Article 1 – paragraph 1 – point 9 – point b f (new)
Directive 2010/75/EU
Article 13 – paragraph 3 – subparagraph 2 – point d
Article 13 – paragraph 3 – subparagraph 2 – point d
Article 13, paragraph 3, subparagraph 2, point d is replaced by the following: "(d) guidance on the drawing up of BAT reference documents and on their quality assurance including the suitability of their content and format. , following best available science and avoiding conflicts of interest; Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02010L0075- 20110106&qid=1670312326229)
Amendment 630 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point b g (new)
Article 1 – paragraph 1 – point 9 – point b g (new)
In Article 13, paragraph 3, subparagraph 2, point da (new) is added: (da) implementation issues linked to the BAT uptake or other provisions of this Directive.
Amendment 631 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point b h (new)
Article 1 – paragraph 1 – point 9 – point b h (new)
Directive 2010/75/EU
Article 13 – paragraph 3 – subparagraph 2 a (new)
Article 13 – paragraph 3 – subparagraph 2 a (new)
In Article 13, paragraph 2, subparagraph 2a (new) is added 2a. The Commission shall make the opinion of the forum publicly available via internet, in an easily accessible form.
Amendment 639 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point d (new)
Article 1 – paragraph 1 – point 9 – point d (new)
Directive 2010/75/EU
Article 13 – paragraph 7
Article 13 – paragraph 7
Article 13, paragraph 7 is replaced by the following: "7. Pending the adoption of a relevant decision in accordance with paragraph 5, the conclusions on best available techniques from BAT reference documents adopted by the Commission prior to the date referred to in Article 83 shall apply as BAT conclusions for the purposes of this Chapter except for Article 15(3) and (4). . Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02010L0075- 20110106&qid=1670312326229)
Amendment 653 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a – point iii
Article 1 – paragraph 1 – point 10 – point a – point iii
Directive 2010/75/EU
Article 14 – paragraph 1 – subparagraph 2 – point a a a (new)
Article 14 – paragraph 1 – subparagraph 2 – point a a a (new)
(aaa) In Article 14, paragraph 1, subparagraph 2, the following point (aaa new) is inserted: (aaa) other measures, including on greenhouse gas emissions, taken as a result of the transformation plan pursuant to Article 27d.
Amendment 667 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a – point vi
Article 1 – paragraph 1 – point 10 – point a – point vi
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)
(bca) monitoring requirements for the progress towards the fulfilment of the objectives and targets of the transformation plan pursuant to Article 27d, using the performance indicators included therein;
Amendment 668 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a – point vi
Article 1 – paragraph 1 – point 10 – point a – point vi
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)
(bca) suitable monitoring requirements for the consumption and reuse of resources such as energy, water, virgin and secondary raw materials;’
Amendment 671 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a – point vi a (new)
Article 1 – paragraph 1 – point 10 – point a – point vi a (new)
Directive 2010/75/EU
Article 14 – paragraph 1 – subparagraph 2 – point d – introductory part
Article 14 – paragraph 1 – subparagraph 2 – point d – introductory part
(via) Article 14, paragraph 1, subparagraph 2, point d, introductory part is replaced by the following: (d) an obligation to supply the competent authority regularand the public, in an easily, andccessible form, at least annually, with: (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02010L0075-Or. en 20110106&qid=1670312326229)
Amendment 675 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a – point vi b (new)
Article 1 – paragraph 1 – point 10 – point a – point vi b (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
(vib) Article 14, paragraph 1, subparagraph 2, point d, subpoint i is replaced by the following: (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 (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02010L0075-Or. en 20110106&qid=1670312326229)
Amendment 683 #
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 publicly available, in an easily accessible form;
Amendment 687 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a – point vii a (new)
Article 1 – paragraph 1 – point 10 – point a – point vii a (new)
Directive 2010/75/EU
Article 14 – paragraph 1 – subparagraph 2 – point f
Article 14 – paragraph 1 – subparagraph 2 – point f
(viia) Article 14, paragraph 1, subparagraph 2, point f is replaced by the following: (f) measures relating to conditions other than normal operating conditions such as start-up and shut-down operations, leaks, malfunctions, momentary stoppages and definitive cessation of operations; , including unforeseeable start-up and shut down operations and other cases of force majeure, and definitive cessation of operations; Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02010L0075- 20110106&qid=1670312326229)
Amendment 690 #
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 2a (new)
Article 14 – paragraph 1 – subparagraph 2a (new)
(viiia) In Article 14, paragraph 1, subparagraph 2 a (new) is added: 2a. Information generated under this paragraph, including the permit conditions in force, shall be made publicly available through the Portal established pursuant to [insert reference to the adopted Regulation1a]. __________________ 1a COM(2022)157 - Reporting of environmental data from industrial installations and establishing an Industrial Emissions Portal
Amendment 691 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a – point viii b (new)
Article 1 – paragraph 1 – point 10 – point a – point viii b (new)
Directive 2010/75/EU
Article 14 – paragraph 2
Article 14 – paragraph 2
(viiib) Article 14, paragraph 2 is replaced by the following: 2. For the purpose of paragraph 1(a), emission limit values may be supplemented or replaced by equivalent parameters or technical measures ensuring at least an equivalent level of environmental protection. (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02010L0075-Or. en 20110106&qid=1670312326229)
Amendment 709 #
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Directive 2010/75/EU
Article 14a – paragraph 1 – subparagraph 2
Article 14a – paragraph 1 – subparagraph 2
The EMS shall be reviewed periodicat least annually to ensure that it continues to be suitable, adequate and effective.
Amendment 716 #
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 719 #
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; all core environmental performance indicators as described in Annex IV of Regulation (EC) 1221/20091a; __________________ 1a Regulation (EC) no 1221/2009 of the European Parliament and of the Council of 25 November 2009 on the voluntary participation in a Community eco- management and audit scheme (EMAS), repealing Regulation (EC) No 761/2001 and Commission Decisions 2001/681/E and2006/193/EC. OJ L 342 22.12.2009, p.1
Amendment 723 #
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 a (new)
Article 14a – paragraph 2 – point a – point i a (new)
(ia) measures to improve energy efficiency;
Amendment 727 #
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) optimismeasures to improve resource use and water reuse;
Amendment 730 #
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 a (new)
Article 14a – paragraph 2 – point a – point ii a (new)
(iia) measures to improve the reuse of waste water effluents and other resources;
Amendment 736 #
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 iii
Article 14a – paragraph 2 – point a – point iii
(iii) measures to prevent or reduce risks associated with the use of hazardous substances.
Amendment 738 #
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 iii a (new)
Article 14a – paragraph 2 – point a – point iii a (new)
(iiia) monitoring of the impact of the installation on the surrounding environment, that shall cover at least dioxins and metals, and must in particular include the determination of the concentration of these pollutants in the environment.
Amendment 740 #
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 pursuant to Article 27d;
Amendment 755 #
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 f
Article 14a – paragraph 2 – point f
(f) a transformation plan and measures taken to achieve its targets as referred to in Article 27d.
Amendment 765 #
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 EMS and related reporting of an installation shall be made available on the Internet, free of charge and wiaccessible, including throut restricting access to registered users. gh the Portal1a. __________________ 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 790 #
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 800 #
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 operating 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 assessment shall be made public, in an easily accessible form. The emission limit values shall be set through either of the following:
Amendment 811 #
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 bemost availableffective techniques; orand
Amendment 815 #
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 817 #
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 833 #
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 competent authority shall further set environmental performance values, in accordance to the objectives, targets and timeline of the transformation plan pursuant to Article 27d.
Amendment 843 #
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
Article 15– paragraph 4 – subparagraph 1
Amendment 851 #
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
Amendment 855 #
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Amendment 867 #
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
Amendment 870 #
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
Amendment 873 #
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
Amendment 885 #
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
Amendment 889 #
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
Amendment 919 #
Proposal for a directive
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Amendment 925 #
Proposal for a directive
Article 1 – paragraph 1 – point 14 a (new)
Article 1 – paragraph 1 – point 14 a (new)
Directive 2010/75/EU
Article 17 – paragraph 2
Article 17 – paragraph 2
Amendment 928 #
Proposal for a directive
Article 1 – paragraph 1 – point 14 b (new)
Article 1 – paragraph 1 – point 14 b (new)
Directive 2010/75/EU
Article 17 – paragraph 3
Article 17 – paragraph 3
(14b) In Article 17, paragraph 3 is replaced by the following: "3. Member States shall ensure that general binding rules are updated to take into account developments inreflect 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. In addition, the general binding rules shall promote the uptake of the most effective techniques as laid down in the decisions on BAT conclusions referred to in Article 15(3) or the deployment of the emerging techniques as per Article 27 of Chapter IIa." Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02010L0075- 20110106&qid=1670312326229)
Amendment 931 #
Proposal for a directive
Article 1 – paragraph 1 – point 14 c (new)
Article 1 – paragraph 1 – point 14 c (new)
Directive 2010/75/EU
Article 17 – paragraph 4
Article 17 – paragraph 4
(14c) In Article 17, paragraph 4 is replaced by the following: "4. General binding rules adopted in accordance with paragraphs 1 to 3 of this Article, shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. These rules shall be regarded as minimal requirements set at national level." Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02010L0075- 20110106&qid=1670312326229)
Amendment 933 #
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 preducvent the specific contribution of the activity to the pollution occurring in the specific contribution of the installation to the pollution occurring in the relevant arearelevant 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 947 #
Proposal for a directive
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Directive 2010/75/EU
Article 18 – paragraph 2
Article 18 – paragraph 2
Where stricter conditions have been included in the permit in accordance with the first paragraph, regular monitoring of the concentration of relevant pollutants in the receiving environment resulting from operations of the installations concerned shall be required from the operator, and the results of such monitoring shall be transmitted to the competent authority and made available to the public, including through the Portal1a. Where monitoring and measurement methods for the concerned pollutants are set out in other relevant Union legislation, such methods shall be used for the purpose of the monitoring referred to in this paragraph. __________________ 1a Reporting of environmental data from industrial installations and establishing an Industrial Emissions Portal - COM(2022)157
Amendment 957 #
Proposal for a directive
Article 1 – paragraph 1 – point 15 c (new)
Article 1 – paragraph 1 – point 15 c (new)
Directive 2010/75/EU
Article 21 – paragraph 3 – subparagraph 1– point a
Article 21 – paragraph 3 – subparagraph 1– point a
(15c) In Article 2, paragraph 3, point a is replaced by the following: "(a) all the permit conditions for the installation concerned are reconsidered and, if necessary, updated to ensure compliance with this Directive, in particular, with Article 15(3) and (4), where applicable; Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02010L0075- 20110106&qid=1670312326229)
Amendment 972 #
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)
Amendment 981 #
Proposal for a directive
Article 1 – paragraph 1 – point 17 – point –i a (new)
Article 1 – paragraph 1 – point 17 – point –i a (new)
Directive 2010/75/EU
Article 24 – paragraph 1 – point b
Article 24 – paragraph 1 – point b
(-ia) In Article 24, paragraph 1, point b is replaced by the following: "(b) the granting or reconsidering of a permit for any substantial change; (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02010L0075-Or. en 20110106&qid=1670312326229)
Amendment 982 #
Proposal for a directive
Article 1 – paragraph 1 – point 17 – point a – point -i b (new)
Article 1 – paragraph 1 – point 17 – point a – point -i b (new)
Directive 2010/75/EU
Article 24 – paragraph 1 – point c
Article 24 – paragraph 1 – point c
(c) the granting or updating of a permit for an installation where the application of Article 15(4) is proposed; (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A016b) (-ib) in Article 24, paragraph 1, point c is deleted. " deleted Or. en 20110L0075-106&qid=1670312326229)
Amendment 988 #
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 updating or reconsidering of a permit in accordance with Article 21(3) or Article 21(4)..
Amendment 994 #
Proposal for a directive
Article 1 – paragraph 1 – point 17 – point b – point i
Article 1 – paragraph 1 – point 17 – point b – point i
Directive 2010/75/EU
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 immediately make available to the public, including systematically via the Internet, free of charge and without restricting access to registered users and the Portal established pursuant to[insert reference to the adopted Regulation1a], free of charge and in an easily accessible form, in relation to points (a), (b) and (fg), the following information:; __________________ 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 999 #
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
(f) accordance with Article 15(4), the specific reasons for that derogation based on the criteria laid down in that paragraph and the conditions imposed. iib) In Article 24, paragraph 2, point f is deleted where a derogation is granted in Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02010L0075- 20110106&qid=1670312326229)
Amendment 1002 #
Proposal for a directive
Article 1 – paragraph 1 – point 17 – point b – point ii c (new)
Article 1 – paragraph 1 – point 17 – point b – point ii c (new)
Directive 2010/75/EU
Article 24 – paragraph 2 – point f a (new)
Article 24 – paragraph 2 – point f a (new)
(iic) In Article 24, paragraph 2, point fa (new) is added: (fa) the content of the permit summary referred to under Article 5.
Amendment 1003 #
Proposal for a directive
Article 1 – paragraph 1 – point 17 – point b a (new)
Article 1 – paragraph 1 – point 17 – point b a (new)
Directive 2010/75/EU
Article 24 – paragraph 2 – subparagraph 1 a (new)
Article 24 – paragraph 2 – subparagraph 1 a (new)
(ba) In Article 24, paragraph 2, subparagraph 1 a (new) is added as follows: Information generated under this paragraph shall be comparable at sector and Union level and made available to the public via internet, including through the Portal established pursuant to [insert reference to the adopted Regulation1a]. The information shall be made available in the shortest technically possible timeline, not exceeding 1 month after the information has been generated. __________________ 1a COM(2022)157 - Regulation Reporting of environmental data from industrial installations and establishing an Industrial Emissions Portal
Amendment 1006 #
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 immediately make available to the public, including systematically via the Internet, free of charge and without restricting access to registered users, the following: including the Portal1a, free of charge and in an easily accessible form, the following: __________________ 1a COM(2022)157 - Regulation Reporting of environmental data from industrial installations and establishing an Industrial Emissions Portal
Amendment 1011 #
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) the report referred to under paragraph 6 of Article 23;
Amendment 1013 #
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) names of operators that have breached provisions of this Directive, such as under cases falling under Article 79.
Amendment 1016 #
Proposal for a directive
Article 1 – paragraph 1 – point 17 – point c a (new)
Article 1 – paragraph 1 – point 17 – point c a (new)
Directive 2010/75/EU
Article 24 – paragraph 3 – subparagraph 1 a (new)
Article 24 – paragraph 3 – subparagraph 1 a (new)
(ca) In Article 24, paragraph 3, subparagraph 1a (new) is added as follows: Information generated under this paragraph shall be comparable at sector and Union level and made available to the public via internet, including through the Portal established pursuant to [insert reference to the adopted Regulation1a]. The information shall be made available in the shortest technically possible timeline, not exceeding 1 month after the information has been generated. _________________________________ 1a COM(2022)157 - Regulation Reporting of environmental data from industrial installations and establishing an Industrial Emissions Portal
Amendment 1018 #
Proposal for a directive
Article 1 – paragraph 1 – point 17 a (new)
Article 1 – paragraph 1 – point 17 a (new)
Directive 2010/75/EU
Article 25 – paragraph 1 – subparagraph 1 – introductory part
Article 25 – paragraph 1 – subparagraph 1 – introductory part
(17a) In Article 25, paragraph 1, subparagraph 1, introductory part is replaced by the following: "1. Member States shall ensure that, in accordance with the relevant national legal system, members of the public concerned 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 Article 24this Directive when one of the following conditions is met: " Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02010L0075- 20110106&qid=1670312326229)
Amendment 1023 #
Proposal for a directive
Article 1 – paragraph 1 – point 18 a (new)
Article 1 – paragraph 1 – point 18 a (new)
Directive 2010/75/EU
Article 25 – paragraph 2 a (new)
Article 25 – paragraph 2 a (new)
(18a) In Article 25, paragraph 2a (new) is added: 2a. Member States shall ensure that national courts are effectively able to impose coercive measures, including high financial penalties, against the competent authority, applicable including, but not limited to the following provisions: (a) the obligations in relation non- compliance measures pursuant to Article 8; (b) the obligations in relation to environmental inspections pursuant to Article 23; (c) the obligation in relation to penalties pursuant to Article 79.
Amendment 1024 #
Proposal for a directive
Article 1 – paragraph 1 – point 18 b (new)
Article 1 – paragraph 1 – point 18 b (new)
Directive 2010/75/EU
Article 25 – paragraph 5 a (new)
Article 25 – paragraph 5 a (new)
Amendment 1027 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
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 a permit update was reconsidered pursuant to Article 21 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 1038 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2010/75/EU
Article 27 – paragraph 1
Article 27 – paragraph 1
Member States shall, where appropriate, encourage and support the development and application of emerging techniques, in particular where such techniques have been identified in the BAT conclusions, the BAT reference documents or the findings of the innovation centre for industrial transformation and emissions referred to in Article 27a. Special attention shall be given to early application of emerging techniques.
Amendment 1040 #
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 a – paragraph 2
Article 27 a – paragraph 2
2. The centre shall collect and analyse information on innovative techniques, including emerging techniques relevant to activities and monitoring measures within the scope of this Directive, and characterise their level of development and their environmental performance with the aim of promoting the achievement of the objectives of the Communication from the Commission of 11 December 2019 on The European Green Deal1a and relevant legislation, in particular Decision (EU) 2022/591 setting out General Union Environment Action Programme to 2030 (8th EAP) and any future General Environment Action programmes, as well as international commitments, in particular the Paris Agreement and UN 2030 Agenda for Sustainable Development. In addition, the centre shall regularly analyse the innovation policies of the Union and Member States and, where appropriate, issue recommendation for further improvements. The centre shall also support the development and deployment of emerging technologies, particularly those that are aligned with the ‘do no significant harm’ principle within the meaning of Articles 17 of Regulation (EU) 2020/852 of the European Parliament and of the Council. The Commission shall take into account the findings of the centre when preparing relevant Union legislation and the work programme for the exchange of information referred to in Article 13(3), point (b), and when drawing up, reviewing and updating the BAT reference documents referred to in Article 13(1). __________________ 1a COM(2019) 640 final.
Amendment 1044 #
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 a – paragraph 3 – point e
Article 27 a – paragraph 3 – point e
(e) representatives of employees and employers of the industries concerned;
Amendment 1046 #
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 a – paragraph 3 a (new)
Article 27 a – paragraph 3 a (new)
3a. The European Scientific Advisory Board on Climate Change established under Article 10a of Regulation (EC) No 401/2009 (the "Advisory Board") may, on its own initiative, provide scientific advice for the centre.
Amendment 1047 #
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 a – paragraph 4
Article 27 a – paragraph 4
4. The centre shall make its findings public in an easily accessible form, subject to the restrictions laid down in Article 4(1) and (2) of Directive 2003/4/EC.
Amendment 1057 #
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 1091 #
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 shall be added to the environmental management system referred to in Article 14a and 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. Union’s climate and environmental objectives, especially those pursuant to Regulation2021/1119. Without prejudice to the implementing Act mentioned in paragraph 4, the plans shall at least include the following elements: (a) a greenhouse gases emissions reduction pathway, excluding the use of offsetting; (b) action plan for re-/upskill of the workforce, accompanied by an estimate of the needs to re-/upskill the workforce in anticipation of the introduction of processes necessary to achieve the EU climate targets; (c) a planned trajectory for increasing circularity of water, energy and raw materials consumption and prevention of waste generation, with a specific breakdown between virgin and secondary raw materials; (d) an assessment the benefits of leveraging digital tools in order to improve the environmental performance of its installation. Operators will associate every indicator with intermediary targets at least for years 2030, 2035 and 2040.
Amendment 1114 #
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 4. gets.
Amendment 1122 #
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d – paragraph 1a (new)
Article 27 d – paragraph 1a (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 1133 #
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, us, following the same modalities than those laid down ing the format referred to in paragraph 4Article 14a.
Amendment 1145 #
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 2
Article 27 d – paragraph 2 – subparagraph 2
Amendment 1161 #
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 makeas soon as possible make available, in an easily accessible form, its transformation plan as well as the results of the assessment referred to in paragraphs 1 and 2 public, as part of the publication of its environmental management system. and any potential necessary corrective measures following that assessment to the public via the Internet, including the through the Portal established pursuant to[insert reference to the adopted Regulation1a] and as part of the publication of its environmental management system. __________________ 1a COM(2022)157 - Reporting of environmental data from industrial installations and establishing an Industrial Emissions Portal
Amendment 1179 #
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 20284, adopt an implementing act establishing the format for the transformation plans. This implementing act shall be adopted in accordance with the examination procedure referred to indelegated 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 delegated act shall be adopted in accordance to Article 75(2).6.
Amendment 1185 #
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 delegated act referred to in paragraph 4 and may adopt a delegated act establishing additional elements to be added in the transformation plans, as well as a description of the format for their reporting, where needed. This delegated act shall be adopted in accordance with the examination procedure referred to in Article 76.
Amendment 1187 #
Proposal for a directive
Article 1 – paragraph 1 – point 22 a (new)
Article 1 – paragraph 1 – point 22 a (new)
Directive 2010/75/EU
Article 28 – paragraph 1 – subparagraph 1
Article 28 – paragraph 1 – subparagraph 1
Amendment 1188 #
Proposal for a directive
Article 1 – paragraph 1 – point 22 b (new)
Article 1 – paragraph 1 – point 22 b (new)
Directive 2010/75/EU
Article 30
Article 30
Amendment 1195 #
Proposal for a directive
Article 1 – paragraph 1 – point 22 b (new)
Article 1 – paragraph 1 – point 22 b (new)
Directive 2010/75/EU
Article 31 – paragraph 3 a
Article 31 – paragraph 3 a
(22c) In Article 31, the following paragraph 3a is added: 3a. As from 2030, all permits shall ensure that combustion plants may not burn any fuel with a residual sulphur content exceeding 10ppm or which otherwise affects the correct functioning of wet desulphurisation abatement techniques. For plants with a thermal rated input of 300MW or more, the emission level values for sulphur dioxide shall not exceed 10mg/Nm3 and apply by that date.
Amendment 1196 #
Proposal for a directive
Article 1 – paragraph 1 – point 22 d (new)
Article 1 – paragraph 1 – point 22 d (new)
Directive 2010/75/EU
Article 32
Article 32
Amendment 1197 #
Proposal for a directive
Article 1 – paragraph 1 – point 22 e (new)
Article 1 – paragraph 1 – point 22 e (new)
Directive 2010/75/EU
Article 33
Article 33
Amendment 1198 #
Proposal for a directive
Article 1 – paragraph 1 – point 22 f (new)
Article 1 – paragraph 1 – point 22 f (new)
Directive 2010/75/EU
Article 34
Article 34
Amendment 1199 #
Proposal for a directive
Article 1 – paragraph 1 – point 22 g (new)
Article 1 – paragraph 1 – point 22 g (new)
Directive 2010/75/EU
Article 35
Article 35
Amendment 1200 #
Proposal for a directive
Article 1 – paragraph 1 – point 22 h (new)
Article 1 – paragraph 1 – point 22 h (new)
Directive 2010/75/EU
Article 39
Article 39
Amendment 1201 #
Proposal for a directive
Article 1 – paragraph 1 – point 22 i (new)
Article 1 – paragraph 1 – point 22 i (new)
Directive 2010/75/EU
Article 40 – paragraph 1
Article 40 – paragraph 1
(22i) In Article 40, paragraph 1 is replaced by the following: "1. In the case of a multi-fuel firing combustion plant involving the simultaneous use of two or more fuels, the competent authority shallmay set the emission limit values in accordance with the following steps: (a) relevant for each individual fuel and pollutant corresponding to the total rated thermal input of the entire combustion plant as set out in Parts 1 and 2 of Annex V; (b) emission limit values, which are obtained by multiplying the individual emission limit value referred to in point (a) by the thermal input delivered by each fuelCommission Implementing Decision (EU) 2021/23266a set for “new unit” or “new plant”. The requirements laid out in first subparagraph shall apply as from latest 1st January 2030." taking the emission limit value determining fuel-weighted aggregating the fuel-weighted __________________ 6a Commission Implementing Decision (EU)2021/2326 of 30 November 2021 establishing best available techniques (BAT)conclusions, aund dividing the product of multiplication by the sum of the thermal inputs delivered by all fuels, (c) emission limit values. er Directive 2010/75/EU of the European Parliament and of the Council, for large combustion plants (notified under document C (2021) 8580)(Text with EEA relevance) C/2021/8580 OJ L 469, 30.12.2021, p. 1– 81
Amendment 1202 #
Proposal for a directive
Article 1 – paragraph 1 – point 22 i (new)
Article 1 – paragraph 1 – point 22 i (new)
Directive 2010/75/EU
Article 40 – paragraph 2
Article 40 – paragraph 2
Amendment 1207 #
Proposal for a directive
Article 1 – paragraph 1 – point 23 b (new)
Article 1 – paragraph 1 – point 23 b (new)
Directive 2010/75/EU
Article 44 – paragraph 1 – point d a (new)
Article 44 – paragraph 1 – point d a (new)
(23b) In Article 44, paragraph 1, the following point d a (new) is added: (da) the plants are required to apply mixed municipal waste sorting systems prior to incineration to remove recoverable materials for recycling. This requirement applies to all new incineration plants, and those which have been operational for less than ten years;
Amendment 1211 #
Proposal for a directive
Article 1 – paragraph 1 – point 23 c (new)
Article 1 – paragraph 1 – point 23 c (new)
Directive 2010/75/EU
Article 44 – paragraph 1 – point d a (new)
Article 44 – paragraph 1 – point d a (new)
(23c) In Article 55, paragraph 2 is replaced by the following: 2. For waste incineration plants or waste co-incineration plants with a nominal capacity of 2 tonnes or more per hour, the report referred to in Article 72 shall include information on the functioning and monitoring of the plant and give account of the running of the incineration or co- incineration process and the level of emissions into air and water in comparison with the emission limit values. This should include emissions data given in gross values and original laboratory analysis reports. That information shall be made available to the public.
Amendment 1212 #
Proposal for a directive
Article 1 – paragraph 1 – point 23 c (new)
Article 1 – paragraph 1 – point 23 c (new)
Directive 2010/75/EU
Article 50 – paragraph 2 a (new)
Article 50 – paragraph 2 a (new)
Amendment 1234 #
Proposal for a directive
Article 1 – paragraph 1 – point 24
Article 1 – paragraph 1 – point 24
Directive 2010/75/EU
Chapter VIa – title
Chapter VIa – title
Amendment 1243 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70a – paragraph 1
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. The provisions of this Chapter do not have prejudice to protection level and requirements set forth pursuant to Chapter II of this Directive, unless expressly stated.
Amendment 1274 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70c – paragraph 1 – subparagraph 1
Article 70c – paragraph 1 – subparagraph 1
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 and with any other basic rules and requirements referred to in Chapter II or outlined in the paragraphs 2, 3 and 4 of Article 70c.
Amendment 1280 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70c – paragraph 1 – subparagraph 3 a (new)
Article 70c – paragraph 1 – subparagraph 3 a (new)
The establishment and expansion of industrial livestock installations shall not be granted a permit.
Amendment 1296 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70c – paragraph 2 – subparagraph 1 – point e a (new)
Article 70c – paragraph 2 – subparagraph 1 – point e a (new)
(ea) the proposed technologies, techniques and measures for preventing and reducing emissions from the installation, while improving animal health and welfare;
Amendment 1298 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70c – paragraph 2 – subparagraph 1 – point e a (new)
Article 70c – paragraph 2 – subparagraph 1 – point e a (new)
(ea) animal welfare measures;
Amendment 1300 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70c – paragraph 2 – subparagraph 1– point e b (new)
Article 70c – paragraph 2 – subparagraph 1– point e b (new)
(eb) the stocking density of animals;
Amendment 1301 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70c – paragraph 2 – subparagraph 1– point e c (new)
Article 70c – paragraph 2 – subparagraph 1– point e c (new)
(ec) the days animals spend outside the stables;
Amendment 1302 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70c – paragraph 2 – subparagraph 1– point e d (new)
Article 70c – paragraph 2 – subparagraph 1– point e d (new)
(ed) the percentage of feed produced in the farm or in neighbouring farms;
Amendment 1303 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70c – paragraph 2 – subparagraph 1– point e e (new)
Article 70c – paragraph 2 – subparagraph 1– point e e (new)
(ee) the number of livestock installation falling under the scope of the IED in a perimeter of 10km around the installation.
Amendment 1316 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70c – paragraph 4a (new)
Article 70c – paragraph 4a (new)
4a. Member States shall take necessary measures to ensure that no permit will be delivered to installations located in nitrate vulnerable areas as defined in the Nitrates Directive 91/676/EEC or other sensitive areas in need of special protection.
Amendment 1330 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70d – paragraph 3
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 nor land use change with significant negative environmental consequences, especially in regard to climate change mitigation, and that it promotes circular practices to the highest extent. The operator shall also take into account the cumulative effect of the operation of similar installations in the same geographical area.
Amendment 1331 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70e – paragraph 1
Article 70e – paragraph 1
1. Member States shall ensure that suitable monitoring is carried out in accordance with the operating rules referred to in Article 70i, with monitoring for groundwater happening at least every 5 years and for soil every 10 years. The Commission shall biannually asses the monitoring policies of Member States and, where appropriate, issue recommendations for further improvements. The Member State concerned shall take utmost account of the Commission’s recommendations and may revise its monitoring policies accordingly. If the Member State concerned does not address the opinion or a substantial part thereof, that Member State shall provide a justification to the Commission. The Commission recommendations and Member State justifications pursuant to the second sub-paragraph of this paragraph shall be made publicly available, in an easily accessible form.
Amendment 1337 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70e – paragraph 3
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 toregularly, at least annually. The competent authority shall make the data orand information listed in paragraph 2 of this Articlepublicly available, in an easily accessible form.
Amendment 1342 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70f – paragraph 3 – subparagraph 1
Article 70f – paragraph 3 – subparagraph 1
In the event of non-compliance with the requirements set out in this Chapter, Member States shall take measures in accordance to Article 79 and shall ensure that the competent authority requires the operator to take any measures, in addition to the measures taken by the operator under Article 70d, that are necessary to ensure that compliance is restored without delay.
Amendment 1367 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70g – paragraph 2 – introductory part
Article 70g – paragraph 2 – introductory part
2. The competent authority shall make available to the public in an easily accessible form, including systematically via the Internet, free of charge and without restricting access to registered users, the following documents and information:
Amendment 1383 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70h – paragraph 2a (new)
Article 70h – paragraph 2a (new)
2a. Member States shall ensure that national courts are effectively able to impose coercive measures, including high financial penalties, against the competent authority, applicable including, but not limited to the following provisions: (a). the obligations in relation to non- compliance measures pursuant to Article 8; (b). the obligations in relation to environmental inspections pursuant to Article 23; (c). the obligation in relation to penalties pursuant to Article 79.
Amendment 1385 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70i – paragraph 1 – subparagraph 1 – introductory part
Article 70i – paragraph 1 – subparagraph 1 – introductory part
The Commission shall establishestablishment and expansion of industrial livestock installations shall not be granted a permit. The Commission shall establish, after consulting with relevant stakeholders, including scientists and environmental and animal-welfare NGOs, operating rules containing requirements consistent with the use of scientifically proven best available techniques which have a proven positive impact on human and animal health and welfare, the environment and biodiversity. Technological and other solutions with the aim of reducing emissions from animal farming, such as permanent indoor housing, air scrubbers and low- emission stable floors, that require a significant investment from farmers will not fall under best available techniques. This concerns the operating rules for the activities listed in Annex Ia, which shall include the following:
Amendment 1386 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70i – paragraph 1 – subparagraph 1 – introductory part
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 Ia, which shall include the following: , after a consultation process with relevant experts, including environmental and animal- welfare NGOs and industry associations, operating rules containing requirements consistent with the use of best available techniques and, as a minimum, the best environmental management practices referred to in Commission Decision (EU) 2018/8011a for the activities listed in Annex Ia, which shall include the following: __________________ 1a Commission Decision (EU) 2018/813 of 14 May 2018 on the sectoral reference document on best environmental management practices, sector environmental performance indicators and benchmarks of excellence for the agriculture sector under Regulation (EC) No 1221/2009 of the European Parliament and of the Council on the voluntary participation by organisations in a Community eco-management and audit scheme (EMAS)Text with EEA relevance. C/2018/2674 OJ L 145, 8.6.2018, p. 1–64
Amendment 1394 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70i – paragraph 1 – subparagraph 1 – point c
Article 70i – paragraph 1 – subparagraph 1 – point c
(c) land spreading and sludge utilisation practices;
Amendment 1396 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70i – paragraph 1 – subparagraph 1 – point d
Article 70i – paragraph 1 – subparagraph 1 – point d
(d) pollution prevention and mitigation practices, including circular solutions;
Amendment 1400 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70i – paragraph 1 – subparagraph 1 – point e a (new)
Article 70i – paragraph 1 – subparagraph 1 – point e a (new)
(ea) other measures necessary to prevent risk of non-compliance with environmental quality standards referred to in Article 18;
Amendment 1401 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70i – paragraph 1 – subparagraph 1 – point e b (new)
Article 70i – paragraph 1 – subparagraph 1 – point e b (new)
(eb) measures ensuring animal welfare, in accordance to the One Health approach;
Amendment 1402 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70i – paragraph 1 – subparagraph 1 – point e c (new)
Article 70i – paragraph 1 – subparagraph 1 – point e c (new)
(ec) requirements aimed to prevent environmental impacts associated with sourcing of feeding material.
Amendment 1412 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70i – paragraph 1 – subparagraph 2
Article 70i – paragraph 1 – subparagraph 2
The operating rules shall take into account inter alia the nature, type, size and density of these installations, their animal welfare policies, and the specificities of pasture based cattle rearing systems, where animals are only seasonally reared in indoor installations. and other aspects of sustainable animal rearing.
Amendment 1420 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70i – paragraph 1a (new)
Article 70i – paragraph 1a (new)
Amendment 1426 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70i – paragraph 3
Article 70i – paragraph 3
3. Member States shall ensure that all the permit conditions for the installations concerned are in compliance with the operating rules referred to in paragraph 1 within 424 months of the entry into force of the delegated act establishing those rules..
Amendment 1428 #
Proposal for a directive
Article 1 – paragraph 1 – point 25 a (new)
Article 1 – paragraph 1 – point 25 a (new)
Directive 2010/75/EU
Article 72 – paragraph 1
Article 72 – paragraph 1
(25a) In Article 72, paragraph 1 is replaced by the following: "1. Member States shall ensure that information is made available to the Commission on the implementation of this Directive, on representative data on emissions and other forms of pollution, on emission limit values, on the application of best available techniques in accordance with Articles 14 and 15, in particular on the granting of exemptions in accordance with Article 15(4), and on 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 format. "; Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02010L0075- 20110106&qid=1670312326229)
Amendment 1430 #
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, the need for further measures to prevent pollution, to ensure a just and inclusive industrial transition and promote public participation and transparency, the impacts of Chapter VIa and Annex Ia on animal welfare and the review referred to in Article 8 of Directive 2003/87/EC.
Amendment 1434 #
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 actiassess and where appropriate, within 12 mon through the establishment or updating ofs of the publication of a BAT reference document in accordance with Article13(5), propose 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 of th. 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 following criteria:
Amendment 1437 #
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 1439 #
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 1441 #
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 2a (new)
Article 73 – paragraph 1 – subparagraph 2a (new)
The European Scientific Advisory Board on Climate Change established under Article 10a of Regulation (EC) No 401/2009 (the "Advisory Board") may, on its own initiative, provide scientific advice in regards to the report. The Commission shall consider the relevant advice of the Advisory Board, in particular as regards future measures aiming at further greenhouse gas emission reductions in the sectors covered by this Regulation.
Amendment 1444 #
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 4
Article 73 – paragraph 1 – subparagraph 4
Amendment 1450 #
Proposal for a directive
Article 1 – paragraph 1 – point 27
Article 1 – paragraph 1 – point 27
Directive 2010/75/EU
Article 74 – paragraph 1
Article 74 – paragraph 1
1. In order to allow the provisions of this Directive to be adapted to scientific and technical progress on the basis of best available techniques with a proven effectiveness for human and animal health and welfare, biodiversity and the environment, the Commission shall adopt delegated acts in accordance with Article 76 as regards the adaptation of Parts 3 and 4 of Annex V, Parts 2, 6, 7 and 8 of Annex VI and Parts 5, 6, 7 and 8 of Annex VII to such scientific and technical progress.
Amendment 1481 #
Proposal for a directive
Article 1 – paragraph 1 – point 29
Article 1 – paragraph 1 – point 29
Directive 2010/75/EU
Article 76 – paragraph 2
Article 76 – paragraph 2
2. The power to adopt delegated acts referred to in Articles 5(1), (1c), 27d(4), (4a), 30(5), 48(5), Article 70i and Article 74 shall be conferred on the Commission for a period of 5 years from … [OP please insert the date = the first day of the month following the date of entry into force of this Directive]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
Amendment 1484 #
Proposal for a directive
Article 1 – paragraph 1 – point 29
Article 1 – paragraph 1 – point 29
Directive 2010/75/EU
Article 76 – paragraph 3
Article 76 – paragraph 3
3. The delegation of power referred to in Articles 5(1), (1c), 27d(4), (4a), 30(5), 48(5), Article 70i and Article 74 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 1489 #
Proposal for a directive
Article 1 – paragraph 1 – point 29
Article 1 – paragraph 1 – point 29
Directive 2010/75/EU
Article 76 – paragraph 6
Article 76 – paragraph 6
6. A delegated act adopted pursuant to Articles 15(4) or 48(5) or Article 74 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council..
Amendment 1491 #
Proposal for a directive
Article 1 – paragraph 1 – point 31
Article 1 – paragraph 1 – point 31
Directive 2010/75/EU
Article 79 – paragraph 1
Article 79 – paragraph 1
1. Without prejudice to the obligations of Member States under Directive 2008/99/EC of the European Parliament and of the Council of 19 November 2008 on the protection of the environment through criminal law, Member States shall lay down rules on penalties applicable to violations of national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are applied. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall without delay notify the Commission of those rules and of those provisions, and shall notify without delay any subsequent amendment affecting them. The Commission shall biannually assess the rules set by the Member States and, where appropriate, issue recommendations for further improvements. The Member State concerned shall take utmost account of the Commission’s recommendations and may revise its rules accordingly. If the Member State concerned does not address the opinion or a substantial part thereof, that Member State shall provide a justification to the Commission. The Commission recommendations and Member State justifications pursuant to the second sub-paragraph shall be made publicly available, in an easily accessible form.
Amendment 1498 #
Proposal for a directive
Article 1 – paragraph 1 – point 31
Article 1 – paragraph 1 – point 31
Directive 2010/75/EU
Article 79 – paragraph 2
Article 79 – paragraph 2
2. The penalties referred to in paragraph 1 shall include fines proportionate to the turnover of the legal person or to the income of the natural person having committed the infringement. The level of the fines shall be calculated in such a way as to make sure that they effectively deprive the person responsible for the violation of the economic direct or indirect benefits derived from that violation. The level of the fines shall be gradually increased for repeated infringements. In the case of a violation committed by a legal person, the maxinimum amount of such fines shall be at least 820,000 EUR or at least 10 % of the operator’s annual global turnover inof the Member State concernedpreceding business year, whichever is higher. These penalties shall be calculated and applied independently from any remedial payments for environmental or other damage.
Amendment 1511 #
Proposal for a directive
Article 1 – paragraph 1 – point 31
Article 1 – paragraph 1 – point 31
Directive 2010/75/EU
Article 79 – paragraph 3 – point c
Article 79 – paragraph 3 – point c
(c) the population or the environment affected by the violationthat was directly or indirectly affected by the violation or could have been affected by the violation if it was not stopped in due time, bearing in mind the impact of the infringement on the objective of achieving a high level of protection of human health and the environment..
Amendment 1517 #
Proposal for a directive
Article 1 – paragraph 1 – point 31
Article 1 – paragraph 1 – point 31
Directive 2010/75/EU
Article 79 – paragraph 3 – point c a (new)
Article 79 – paragraph 3 – point c a (new)
(ca) the irreversibility of the environmental damage or the duration that is required to remediate it and the amplitude of the actions that need to be taken to remediate the environmental damage;
Amendment 1521 #
Proposal for a directive
Article 1 – paragraph 1 – point 31
Article 1 – paragraph 1 – point 31
Directive 2010/75/EU
Article 79 – paragraph 3 – point c b (new)
Article 79 – paragraph 3 – point c b (new)
(cb) the manner in which the violation became known to the competent authority, in particular whether, and if so to what extent and the time passed from the occurrence of the violation, the operator informed the competent authorities of the violation;
Amendment 1522 #
Proposal for a directive
Article 1 – paragraph 1 – point 31
Article 1 – paragraph 1 – point 31
Directive 2010/75/EU
Article 79 – paragraph 3 – point c c (new)
Article 79 – paragraph 3 – point c c (new)
(cc) any relevant previous violations by the operator or by this type of activity;
Amendment 1524 #
Proposal for a directive
Article 1 – paragraph 1 – point 31
Article 1 – paragraph 1 – point 31
Directive 2010/75/EU
Article 79, Paragraph 3 – point c d (new)
Article 79, Paragraph 3 – point c d (new)
(cd) any penalties previously received by the operator under provisions of this directive for the same violation;
Amendment 1527 #
Proposal for a directive
Article 1 – paragraph 1 – point 31
Article 1 – paragraph 1 – point 31
Directive 2010/75/EU
Article 79 – paragraph 3 – point c e (new)
Article 79 – paragraph 3 – point c e (new)
(ce) any direct or indirect financial benefits gained, or direct or indirect losses avoided from the violation for the operator;
Amendment 1528 #
Proposal for a directive
Article 1 – paragraph 1 – point 31
Article 1 – paragraph 1 – point 31
Directive 2010/75/EU
Article 79 – paragraph 3 – point c f (new)
Article 79 – paragraph 3 – point c f (new)
(cf) any other aggravating or mitigating factors applicable to the circumstances of the case.
Amendment 1530 #
Proposal for a directive
Article 1 – paragraph 1 – point 31
Article 1 – paragraph 1 – point 31
Directive 2010/75/EU
Article 79 – paragraph 3 a (new)
Article 79 – paragraph 3 a (new)
3a. Member states shall use the revenues of the penalties referred to in paragraph 2 of this Article in accordance to the criteria set out in Art. 10(3) of Directive 2003/87/EC and shall inform the Commission as to the use of revenues and the actions taken pursuant to this paragraph in their reports submitted under Decision No 280/2004/EC.
Amendment 1532 #
Proposal for a directive
Article 1 – paragraph 1 – point 31
Article 1 – paragraph 1 – point 31
Directive 2010/75/EU
Article 79 – paragraph 3b (new)
Article 79 – paragraph 3b (new)
3b. Member States shall ensure publication on a publicly and free of charge available national website of the names of operators who are in breach of the national provisions implementing this Directive, as well as information on where the permit published in accordance with Article 5 can be found, including an URL of the permit to be published in Portal established by the Regulation of the European Parliament and of the Council on reporting data from industrial installations and establishing an Industrial Emissions Portal1a. __________________ 1a COM(2022)157 - Reporting of environmental data from industrial installations and establishing an Industrial Emissions Portal
Amendment 1539 #
Proposal for a directive
Article 1 – paragraph 1 – point 32
Article 1 – paragraph 1 – point 32
Directive 2010/75/EU
Article 79a – paragraph 1
Article 79a – paragraph 1
1. Member States shall ensure that, where damage to human health has occurred as a result of a violation of national measures that were adopted pursuant to this Directive or any other requirements deriving from this Directive, the individuals affected have the right to claim and obtain compensation for that damage from the relevant natural or legal persons and, where appropriate, from the relevant competent authorities responsible for the violation, where the decision, act or omission of the authority caused or contributed to the damage.
Amendment 1545 #
Proposal for a directive
Article 1 – paragraph 1 – point 32
Article 1 – paragraph 1 – point 32
Directive 2010/75/EU
Article 79a – paragraph 3
Article 79a – paragraph 3
3. Member States shall ensure that national rules and procedures relating to claims for compensation, including as concerns the burden of proof, are designed and applied in such a way that they do not render impossible or excessively difficult the exercise of the right to compensation for damage caused by a violation pursuant to paragraph 1. National rules and procedures relating to actions for damages resulting from infringements of this Directive shall not be less favourable to the alleged injured parties than those governing similar actions for damages resulting from infringements of national law.
Amendment 1556 #
Proposal for a directive
Article 1 – paragraph 1 – point 32
Article 1 – paragraph 1 – point 32
Directive 2010/75/EU
Article 79a – paragraph 4
Article 79a – paragraph 4
4. Where there is a claim for compensation in accordance with paragraph 1, supported by evidence from which aprima facie evidence reasonably demonstrating that the damage can be associated with the violation, the causality link mayshall be presumed between the damage and the violation, Member States shall ensure that the onus is on the person responsible for the violation toshall have the right to rebut the presumption, by proveing that the violation did not cause or contribute to the damage.
Amendment 1560 #
Proposal for a directive
Article 1 – paragraph 1 – point 32
Article 1 – paragraph 1 – point 32
Directive 2010/75/EU
Article 79a – paragraph 4a (new)
Article 79a – paragraph 4a (new)
4a. It shall be presumed that where emission limit values for pollutants specified in the permit conditions are exceeded, the resulting pollution becomes harmful to the health and well-being of those exposed to it, and it materially contributes to the induction and exacerbations of health effects where there are reliable epidemiological studies that this pollutant can be associated with this health damage. Member States shall ensure that the person responsible for the violation shall have the right to rebut that presumption, by proving that the exceedance of emission limit values had no material contribution to causing the actual damage.
Amendment 1563 #
Proposal for a directive
Article 1 – paragraph 1 – point 32
Article 1 – paragraph 1 – point 32
Directive 2010/75/EU
Article 79a – paragraph 4b (new)
Article 79a – paragraph 4b (new)
4b. Member States shall ensure that, where the claimant has provided reasonably available evidence to support a claim for compensation in accordance with paragraph 1, and has indicated that additional evidence lies in the control of the defendant or a third party, if requested by claimant, the court or administrative authority is able to order that such evidence be disclosed by the defendant or the third party in accordance with national procedural law, subject to the applicable Union and national rules on confidentiality and proportionality.
Amendment 1564 #
Proposal for a directive
Article 1 – paragraph 1 – point 32
Article 1 – paragraph 1 – point 32
Directive 2010/75/EU
Article 79a – paragraph 4c (new)
Article 79a – paragraph 4c (new)
Amendment 1567 #
Proposal for a directive
Article 1 – paragraph 1 – point 32
Article 1 – paragraph 1 – point 32
Directive 2010/75/EU
Article 79a – paragraph 4d (new)
Article 79a – paragraph 4d (new)
4d. For the quantification of harm, Member States shall ensure that the national courts are empowered, in accordance with national procedures, to estimate the amount of harm, if it is established that a claimant suffered harm but it is practically impossible or excessively difficult precisely to quantify the harm attributed to the breach on the basis of the evidence available.
Amendment 1569 #
Proposal for a directive
Article 1 – paragraph 1 – point 32
Article 1 – paragraph 1 – point 32
Directive 2010/75/EU
Article 79a – paragraph 5
Article 79a – paragraph 5
5. Member States shall ensure that the limitation periods for bringing actions for compensation referred to in paragraph 1 are not shorter than 510 years. Such periods shall not begin to run before the violation has ceased and the person claiming the compensation knows or can reasonably be expected to know that he or she suffered damage from a violation pursuant to paragraph 1. Where there are new scientific data, supporting for the first time a presumption fora causality link between a violation of the requirements of this Directive and the damage, the limitation period shall not begin before the release of this relevant scientific data.
Amendment 1573 #
Proposal for a directive
Article 1 – paragraph 1 – point 32
Article 1 – paragraph 1 – point 32
Directive 2010/75/EU
Article 79a – paragraph 5a (new)
Article 79a – paragraph 5a (new)
5a. The operator shall be liable for the damage caused by its subcontractors, which caused the violation of the permit that led to the harmful event that caused damages. A subcontractor shall be liable for the damage caused only where it has not complied with the obligations of this Directive directly applicable to its activity or where it has acted outside or contrary to lawful instructions of the operator.
Amendment 1589 #
Proposal for a directive
Annex -I (new)
Annex -I (new)
Directive 2010/75/EU
Annex I – paragarph 1
Annex I – paragarph 1
In Annex I, paragraph 1 is replaced by the following: The threshold values given below generally refer to production capacities or outputs. Where several activities falling under the same activity description containing a threshold are operated in the same installation, the capacities of such activities are added together. The cumulative effect of the operation of similar installations in the same geographical area should also be taken into account. For waste management activities, this calculation shall apply at the level of activities 5.1, 5.3(a) and 5.3(b). (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02010L0075-Or. en 20110106&qid=1670312326229)
Amendment 1641 #
Proposal for a directive
Annex I – paragraph 1 – point j
Annex I – paragraph 1 – point j
Directive 2010/75/EU
Annex I – paragraph 3 – subparagraph 6 – point 6.6
Annex I – paragraph 3 – subparagraph 6 – point 6.6
(j) point 6.6 is deletedIn Annex I, paragraph 3, subparagraph 6, point 6.6 is replaced by the following: Intensive rearing of poultry, or pigs and cattle: (a) with more than 40 000 places for poultry; (b) with more than 2 000 places for production pigs (over 30 kg); (c) with more than 750 places for sows; or (d) with more than 300 places for cows, or 500 for calves.
Amendment 1668 #
Proposal for a directive
Annex II
Annex II
Directive 2010/75/EU
Annex Ia – paragraph 1
Annex Ia – paragraph 1
1. Rearing of cattle, pigs or poultry in installations of 1500 livestock units (LSU) or more, exceeding the maximum number of livestock units per hectare of agricultural land needed to respect the legal requirement of the Nitrates Directive 91/676/EEC, or with a density going beyond the limits of the ecological carrying capacities of the river basins concerned according to the Directive 2000/60/EC.
Amendment 1674 #
Proposal for a directive
Annex II
Annex II
Directive 2010/75/EU
Annex 1a – paragraph 1
Annex 1a – paragraph 1
1. Rearing of cattle, pigs or poultry in installations of 150 livestock units (LSU) or more.
Amendment 1686 #
Proposal for a directive
Annex II
Annex II
Directive 2010/75/EU
Annex Ia – paragraph 2
Annex Ia – paragraph 2
2. Rearing of any mix of the following animals: cattle, pigs, poultry, in installations of 1500 LSU or more, exceeding the maximum number of livestock units per hectare of agricultural land needed to respect the legal requirement of the Nitrates Directive 91/676/EEC, or with a density going beyond the limits of the ecological carrying capacities of the river basins concerned according to the Directive 2000/60/EC.
Amendment 1693 #
Proposal for a directive
Annex II
Annex II
Rearing of any mix of the following animals: cattle, pigs, poultry, in installations of 150 LSU or more.
Amendment 1695 #
Proposal for a directive
Annex II
Annex II
Directive 2010/75/EU
Annex Ia – paragraph 2a (new)
Annex Ia – paragraph 2a (new)
2a. Aquaculture with a production capacity of 100 tonnes of fish or shellfish per year.
Amendment 1702 #
Proposal for a directive
Annex III
Annex III
Directive 2010/75/EU
Annex II – number
Annex II – number
Amendment 1703 #
Proposal for a directive
Annex III
Annex III
Directive 2010/75/EU
Annex II – title
Annex II – title
Amendment 1705 #
Proposal for a directive
Annex III
Annex III
Directive 2010/75/EU
Annex II
Annex II
Amendment 1707 #
Proposal for a directive
Annex III
Annex III
Directive 2010/75/EU
Annex II – paragraph 1 – subparagraph 1
Annex II – paragraph 1 – subparagraph 1
Amendment 1712 #
Proposal for a directive
Annex III
Annex III
Directive 2010/75/EU
Annex II – paragraph 1 – subparagraph 2
Annex II – paragraph 1 – subparagraph 2
Amendment 1720 #
Proposal for a directive
Annex III
Annex III
Directive 2010/75/EU
Annex II – paragraph 1 – subparagraph 3
Annex II – paragraph 1 – subparagraph 3
Amendment 1726 #
Proposal for a directive
Annex III a (new)
Annex III a (new)
Directive 2010/75/EU
ANNEX III – point 2
ANNEX III – point 2
In Annex III, point 2 is replaced by the following: 2. tThe uphase of less hazardous substances; ut and replacement of hazardous substances and substances of concern; Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02010L0075- 20110106&qid=1670312326229)
Amendment 1727 #
Proposal for a directive
Annex III b (new)
Annex III b (new)
Directive 2010/75/EU
ANNEX III – point 5
ANNEX III – point 5
Amendment 1730 #
Proposal for a directive
Annex III d (new)
Annex III d (new)
Directive 2010/75/EU
ANNEX III – point 12a (new)
ANNEX III – point 12a (new)
In Annex III, point 12 a (new) is added: 12a. The reduction of emissions with global warming potential, aligned with the objectives set out in Regulation (EU)2021/1119.
Amendment 1731 #
Proposal for a directive
Annex III e (new)
Annex III e (new)
Directive 2010/75/EU
ANNEX III – point 12b (new)
ANNEX III – point 12b (new)
In Annex III, point 12 b (new) is added: 12b. The need to prevent and minimise the negative impact for biodiversity.
Amendment 1732 #
Proposal for a directive
Annex III f (new)
Annex III f (new)
Directive 2010/75/EU
Annex III – point 11
Annex III – point 11
In Annex III, point 11 is replaced by the following: 11. the need to prevent accidents and to minimise the consequences for the environment; (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A0 and the workers; Or. en 20110L0075-106&qid=1670312326229)
Amendment 1733 #
Proposal for a directive
Annex III f (new)
Annex III f (new)
Directive 2010/75/EU
Annex IV – paragraph 1 – introductory part
Annex IV – paragraph 1 – introductory part
In Annex IV, paragraph 1, introductory part is replaced by the following: 1. The public shall be informed in a non-technical language (by public notices or other appropriate means such as electronic media where availableincluding freely accessible online information) of the following matters as early as possible in the procedure for the taking of a decision or, at the latest, as soon as the information can reasonably be provided: : Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02010L0075- 20110106&qid=1670312326229)
Amendment 1738 #
Proposal for a directive
Annex III c (new)
Annex III c (new)
Directive 2010/75/EU
ANNEX IV – paragraph 3
ANNEX IV – paragraph 3
In Annex IV, paragraph 3 is replaced by the following: 3. The public concerned shall be entitled to express comments and opinions to the competent authority before a decision is taken. as soon as possible in the process and well before a decision is taken. Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02010L0075- 20110106&qid=1670312326229)
Amendment 1740 #
Proposal for a directive
Annex III e (new)
Annex III e (new)
Directive 2010/75/EU
Annex IV – paragraph 5
Annex IV – paragraph 5
Amendment 1743 #
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.
Amendment 1746 #
Proposal for a directive
Annex III h (new)
Annex III h (new)
Directive 2010/75/EU
Annex V – part 4
Annex V – part 4