6 Amendments of Gaston FRANCO related to 2007/0286(COD)
Amendment 68 #
Council position
Recital 23
Recital 23
(23) In order to ensure that the operation of an installation does not deteriorate the quality of soil and groundwater, it is necessary to establish, through a baseline report, the state of soil and groundwater contamination. The baseline report should be a practical tool that permits, as far as possible, a quantified comparison between the state of the site described in that report and the state of the site upon definitive cessation of activities, in order to ascertain whether a significant increase in pollution of soil or groundwater has taken place. The baseline report should therefore contain information making use of existing data on soil and groundwater measurements and historical data related to past uses of the site.
Amendment 70 #
Council position
Recital 24
Recital 24
(24) In accordance with the polluter pays principle, when assessing the level of significance of the pollution of soil and groundwater caused by the operator which would trigger the obligation to return the site to the state described in the baseline report, Member States should take into account the permit conditions that have applied over the lifetime of the activity concerned, the pollution prevention measures adopted for the installation, and the relative increase in pollution compared to the contamination load identified in the baseline report. Liability regarding pollution not caused by the operator is a matter for relevant national law and, where applicable, other relevant Union law. Future new or revised EU legislation on soil and groundwater protection should be drafted without prejudice to the provisions of this Directive.
Amendment 75 #
Council position
Recital 37
Recital 37
Amendment 137 #
Council position
Article 15 – paragraph 4 – subparagraph 1
Article 15 – paragraph 4 – subparagraph 1
4. By way of derogation from paragraph 3, tThe competent authority may, in specific cases, on the basis of an assessment of the environmental and economic costs and benefits taking into account the technical characteristics of the installation concerned, its geographical location and the local environmental conditions, set emission limit values deviating from those set by the application of paragraph 3.
Amendment 147 #
Council position
Article 15 – paragraph 4 – subparagraph 2
Article 15 – paragraph 4 – subparagraph 2
The competent authority shall provide the reasons for the application of the first subparagraph including the result of the assessment and the justification for the conditions imposed. These reasons shall be kept at the disposal of the Commission and the Member States, subject to commercial confidentiality.
Amendment 158 #
Council position
Article 15 – paragraph 4 – subparagraph 4
Article 15 – paragraph 4 – subparagraph 4