Next event: Text adopted by Parliament, 1st reading/single reading 2024/03/12 more...
- Decision by Parliament, 1st reading 2024/03/12
- Approval in committee of the text agreed at 1st reading interinstitutional negotiations 2024/01/11
- Approval in committee of the text agreed at 1st reading interinstitutional negotiations 2024/01/11
- Coreper letter confirming interinstitutional agreement 2023/12/15
- Text agreed during interinstitutional negotiations 2023/12/15
- Results of vote in Parliament 2023/07/11
- Decision by Parliament, 1st reading 2023/07/11
- Matter referred back to the committee responsible 2023/07/11
- Debate in Parliament 2023/07/10
- Committee report tabled for plenary, 1st reading 2023/06/19
- Vote in committee, 1st reading 2023/05/24
- Committee opinion 2023/04/28
- Committee opinion 2023/03/29
- Amendments tabled in committee 2022/12/21
- Amendments tabled in committee 2022/12/20
- Amendments tabled in committee 2022/12/20
- Amendments tabled in committee 2022/12/20
- Amendments tabled in committee 2022/12/19
- Amendments tabled in committee 2022/12/14
Progress: Awaiting Council's 1st reading position
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | ENVI | KANEV Radan ( EPP) | CHAHIM Mohammed ( S&D), WIEZIK Michal ( Renew), PAULUS Jutta ( Verts/ALE), LANCINI Danilo Oscar ( ID), ZALEWSKA Anna ( ECR), MATIAS Marisa ( GUE/NGL) |
Committee Opinion | ITRE | TOBÉ Tomas ( EPP) | Georg MAYER ( ID), Iskra MIHAYLOVA ( RE), Jordi SOLÉ ( Verts/ALE), Alex AGIUS SALIBA ( S&D), Grzegorz TOBISZOWSKI ( ECR) |
Committee Opinion | AGRI | LUTGEN Benoît ( EPP) | Paolo DE CASTRO ( S&D), Anja HAZEKAMP ( GUE/NGL), Gilles LEBRETON ( ID), Jérémy DECERLE ( RE), Benoît BITEAU ( Verts/ALE), Bert-Jan RUISSEN ( ECR) |
Committee Opinion | JURI |
Lead committee dossier:
Legal Basis:
RoP 57, TFEU 192-p1
Legal Basis:
RoP 57, TFEU 192-p1Subjects
- 3.40 Industrial policy
- 3.70.02 Atmospheric pollution, motor vehicle pollution
- 3.70.04 Water control and management, pollution of waterways, water pollution
- 3.70.06 Soil pollution, deterioration
- 3.70.12 Waste management, domestic waste, packaging, light industrial waste
- 3.70.20 Sustainable development
Events
The European Parliament adopted, by 396 votes to 102 with 131 abstentions, amendments to 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 on industrial emissions (integrated pollution prevention and control) and Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste.
The matter has been referred back to the committee responsible for inter-institutional negotiations.
Purpose and scope
The proposed directive lays down rules designed to prevent or, where that is not practicable, to continuously reduce emissions into air, water and land and to prevent the generation of waste, in order to achieve a high level of protection of human health and the environment taken as a whole. In addition, it lays down rules designed to improve resource efficiency to reduce the use of water, energy, and raw materials.
When undertaking the actions to meet their obligations set out in this Directive, Member States should consider the need to ensure a just and socially fair transition for all.
Confidential business information
The amended text clarifies that only non-confidential information will be made available to the public under the provisions of the Directive. Regardless of who publishes the information, Member States will have to ensure that operators have the opportunity, prior to publication, to request confidential treatment of the relevant material in a proportionate manner and within a reasonable period of time clearly defined by the competent authority.
Environmental management system
With a view to continuously improving the environmental performance and safety of the installation, including by preventing waste generation, optimising resource and water use and reuse, 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.
The EMS should be developed in a way that reflects the nature, scale and complexity of the installation, as well as the environmental impacts it may have. The EMS should be audited and made freely available to the public on the internet.
Granting of a permit
By 31 December 2024, the Commission should:
- adopt an implementing act to establish the format to be used for the summary and guidelines on the publication of the permits;
- submit to the Commission an assessment on the measures needed due to the changes of this Directive, including a prognosis and estimations of the accrued workload of the competent authorities to ensure they have proper administrative capacity to provide a timely, efficient and smooth permitting process.
Competent authorities should complete the processing of the permit applications no later than 90 days after receipt.
Within 90 days of the applicant submitting a respective request, the competent authority should issue an opinion on the scope and level of detail of information to be included in the environmental impact assessment.
Incidents and accidents
In the event of pollution affecting drinking water resources, including transboundary resources, or affecting wastewater infrastructure in the case of indirect discharge, the competent authority should inform the drinking water and wastewater operators affected, including transboundary wastewater operators, of the measures taken to prevent or remedy the damage caused by that pollution to human health and the environment.
Less strict emission limit values
In case of exceptional circumstances like the COVID-19 pandemic or the Russian war against Ukraine, where an installation faces a persistent interruption in the supply of raw materials or fuels or a disruption of an abatement technique’s elements due to force majeure, the competent authority may establish less strict emission limit values and environmental performance levels, for a maximum of 3 months, which may be extended by 3 months where the extraordinary circumstances persist, subject to a simplified assessment justifying the reasons and period for this temporary adjustment. As soon as the supply or abatement conditions are restored, the Member State should ensure that this derogation ceases to have effect.
Transformation of energy-intensive activities
Operators of energy-intensive installations, for which a derogation is granted or which are among the 200 most polluting installations except for installations with a closure plan for 2035 should produce transformation plans by 30 June 2027 at installation level.
All other operators of energy-intensive installations should produce transformation plans by 30 June 2029 at group or corporate level with reference to each installation.
The transformation plan should include specific information on how the company plans to become more energy, water and resource efficient by laying down the measures that will be implemented to reduce the overall consumption and improve the efficiency of its operations.
Provisions applicable to livestock farming
Concerning livestock farms, Members voted to keep the current rules and include pig farms with: (i) more than 2 000 places for production pigs (over 30 kg), (ii) or with more than 750 places for sows and (iii) poultry farms with more than 40 000 places for poultry as well as farms with more than 750 livestock units (LSU). Parliament does not want to extend it to cattle farms as proposed by the Commission.
Members also underlined the importance of ensuring producers outside the EU meet requirements similar to EU rules.
The Committee on the Environment, Public Health and Food Safety adopted the report by Radan KANEV (EPP, BG) 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.
The committee responsible recommended that the European Parliament's position adopted at first reading under the ordinary legislative procedure should amend the proposal as follows:
Subject matter and scope
The proposed directive lays down rules on integrated prevention and control of pollution arising from industrial activities. The amended text stipulates that it should also lay down rules designed to improve resource efficiency in order to reduce the use of water, energy, and raw materials.
Members proposed extending the scope of the draft directive to cover agricultural activities, in particular the issue of pollution from large-scale rearing of animals. The scope of the proposed is extended to include intensive livestock farms with higher Live Stock Unit (LSU) numbers than 200 LSU for pigs and poultry, 300 LSU for cattle.
Environmental management system
Member States should require the operator to prepare and implement, for each installation falling within the scope of this proposal, an environmental management system (EMS). The EMS should comply with the provisions included in relevant best available techniques (BAT) conclusions that determine aspects to be covered in the EMS. The level of detail of the EMS should be consistent with the nature, scale and complexity of the installation, and the range of environmental impacts it may have.
Granting of a permit
By 31 December 2024, the Commission should:
- adopt an implementing act to establish the format to be used for the summary and guidelines on the publication of the permits;
- submit to the Commission an assessment on the measures needed due to the changes of this Directive, including a prognosis and estimations of the accrued workload of the competent authorities to ensure they have proper administrative capacity to provide a timely, efficient and smooth permitting process.
Competent authorities should complete the processing of the permit applications no later than 90 days after receipt.
Within 90 days of the applicant submitting a respective request, the competent authority should issue an opinion on the scope and level of detail of information to be included in the environmental impact assessment.
Fast-track permitting
In case of exceptional circumstances like the COVID-19 pandemic or the Russian war against Ukraine, where an installation faces a persistent interruption in the supply of raw materials or fuels or a disruption of an abatement technique’s elements due to force majeure , the competent authority may establish less strict emission limit values and environmental performance levels, for a maximum of 3 months , which may be extended by 3 months where the extraordinary circumstances persist, subject to a simplified assessment justifying the reasons and period for this temporary adjustment. As soon as the supply or abatement conditions are restored, the Member State should ensure that this derogation ceases to have effect.
Transformation towards a clean, circular and climate neutral industry
Member States should require that:
- by 30 June 2027, the operator includes in its environmental management system an indicative transformation plan for each installation. The operators of the 200 most polluting installations in the Union, should also include in their environmental management system an indicative transformation plan for each of those installations, unless the installation has a closure plan for 2035.
The transformation plan should include a greenhouse gas emissions reduction pathway and roadmap on how the installations plan to become more resource-efficient, in particular as regards energy and water.
Enabling and promoting innovation
Members proposed to give more support to breakthrough technologies and other innovative approaches.
Permits and registrations
The report stated that Member States should take the necessary measures to ensure that no installation is operated without a permit or without being registered. Member States should use any similar pre-existing procedure for the registration in order to avoid creating an administrative burden. In any case, Member States should apply a permitting procedure to the intensive rearing of poultry and pigs:
- with more than 40 000 places for poultry,
- with more than 2 000 places for production pigs (over 30 kg), or
- with more than 750 places for sows.
PURPOSE: to update the industrial emissions directive (integrated pollutant prevention and control) in line with the European Green Deal objectives.
PROPOSED ACT: Directive of the European Parliament and of the Council.
ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.
BACKGROUND: industrial emissions are pollutants (such as sulphur oxides, nitrogen oxides, ammonium, particulates, methane, mercury and other heavy metals) discharged into air, water and soil from industrial plants, that harm human health and the environment. Industrial emissions come from activities like electricity and cement production, waste management and incineration, and the intensive rearing of livestock.
Directive 2010/75/EU on industrial emissions (the IED) regulates the environmental impacts of around 52 000 of Europe’s large-scale, high-pollution-risk industrial installations and livestock farms (agro-industrial installations) in an integrated manner, on a sector-by-sector basis. It covers all relevant pollutants potentially emitted by agro-industrial installations that affect human health and the environment. Installations regulated by the IED account for about 20% of the EU’s overall pollutant emissions by mass into the air, around 20% of pollutant emissions into water and approximately 40% of greenhouse gas (GHG) emissions.
The Directive is generally effective in preventing and controlling pollution into air, water and soil from industrial activities, and in promoting the use of best available techniques (BAT). The IED has substantially reduced emissions of pollutants into the air and, to a lesser degree, water emissions.
However, following years of experience in implementing this directive, it became necessary to modernise it, streamlining some aspects and updating it in line with the European Green Deal objectives.
CONTENT: the main changes to the IED concern, inter alia , the following issues:
New sectors covered by the revision
Extractive industry installations (mines), covering metals, rare earth metals and industrial minerals should be covered by the revision.
Larger-scale cattle farming and additional pig and poultry farms
Extending livestock farms coverage would result in methane and ammonia emission reductions, with related health benefits of over EUR 5.5 billion per year. All cattle, pig and poultry farms with over 150 livestock units (LSU) will fall under the scope of the directive. This will result in an increase in the coverage of intensive cattle, pig and poultry farms to reach a new total of 13% of the EU's largest livestock farms overall, of which cattle farms are included for the first time. These farms, at 185.000 in total, are together responsible for 60% of the EU's livestock emissions of ammonia and 43% of methane.
The relevant Best Available Techniques requirements will take into consideration the nature, size, density and complexity of these livestock installations, including the specificities of pasture-based cattle rearing systems, where animals are only seasonally reared in indoor installations, and the range of environmental impacts they may have.
More effective permits for installations
Instead of settling for the least demanding limits of the best available techniques, as some 80% of installations do currently, permitting will have to assess the feasibility of reaching the best performance. It will also tighten the rules on granting derogations by harmonising the assessments required and securing a regular review of derogations granted.
Higher uptake of Best Available Techniques
The new rules will provide incentives for a higher uptake of Best Available Techniques. This will allow installations to reach emission levels towards the most ambitious end of the allowed pollutant ranges. Under the new rules, operators and Member States' permitting authorities will be required to:
- assess the feasibility of applying the most ambitious level of emission reduction within allowed ranges as starting point when revising permits, and when setting emission limits in new permits;
- create a common methodology for allowing derogations in IED permits for industrial operators and set a 4-year maximum time period for any allowed derogations.
Synergies between depollution and decarbonisation
The proposal seeks to ensure that depollution and decarbonisation techniques occur together, where possible, to achieve the best health and environmental outcomes and harness technological and investment synergies. This will contribute to fulfilling the EU's 2030 zero pollution and net zero carbon objectives and the long-term EU's 2050 objectives for climate neutrality.
Promoting innovation
The proposal aims to foster innovation, facilitate the testing and deployment of emerging techniques with improved environmental performance, as well as to set up a dedicated centre (the Innovation Centre for Industrial Transformation and Emissions (INCITE)) to support innovation by collecting and analysing information on innovative techniques and characterise their state of development from research to deployment. The centre will allow BAT to develop a forward-looking approach and help industries identifying solutions to decarbonise and reduce pollution. It will over time become a hub to foster innovation dynamics for the industrial transition on all European Green Deal policies.
Industrial Emissions Portal
Information including overall emissions of pollutants reported by operators to the European Pollutant Release and Transfer Register (E-PRTR) will provide key indicators to track progress against the objectives of this initiative. Those indicators are produced on a regular basis, are comparable and easily accessible via the Industrial Emission Portal managed by the EEA.
In addition, the increased granularity of reporting of pollutant emission at installation level will allow monitoring of the main processes within sectors whose environmental performance is improving or is lagging behind. The inclusion of reporting of resource use will allow defining new indicators on use of materials, water and energy that will enable tracking of resource efficiency improvements.
Improving access to information and justice and increase public participation in decision-making
The proposal seeks to ensure access by private individuals and civil society to information, participation in decision-making, and access to justice (including effective redress) in relation to permitting, operation and control of the regulated installations, resulting in increased civil society action.
Moreover, greater data transparency and availability will increase public participation in the permitting process, giving the public greater insights into polluting activities in their immediate surroundings and access to justice in cases of environmental non-compliance with permits or contravention of judicial or procedural issues, including access to compensation for damage.
Granting of permits
With a view to further strengthening public access to environmental information, the proposal clarifies that IED permits should be made available to the public on the Internet, free of charge and without restricting access to registered users. A uniform summary of permits should also be made available to the public under the same conditions.
Documents
- Text adopted by Parliament, 1st reading/single reading: T9-0123/2024
- Decision by Parliament, 1st reading: T9-0123/2024
- Approval in committee of the text agreed at 1st reading interinstitutional negotiations: PE758.120
- Approval in committee of the text agreed at 1st reading interinstitutional negotiations: PE758.120
- Coreper letter confirming interinstitutional agreement: GEDA/A/(2024)007080
- Text agreed during interinstitutional negotiations: PE758.120
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament, 1st reading: T9-0259/2023
- Debate in Parliament: Debate in Parliament
- Committee report tabled for plenary, 1st reading: A9-0216/2023
- Committee opinion: PE736.485
- Committee opinion: PE736.732
- Amendments tabled in committee: PE739.779
- Amendments tabled in committee: PE739.775
- Amendments tabled in committee: PE739.777
- Amendments tabled in committee: PE739.778
- Amendments tabled in committee: PE739.776
- Amendments tabled in committee: PE739.774
- Committee draft report: PE737.352
- Contribution: COM(2022)0156
- Committee of the Regions: opinion: CDR2951/2022
- Economic and Social Committee: opinion, report: CES2403/2022
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SEC(2022)0169
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2022)0110
- Document attached to the procedure: SWD(2022)0111
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2022)0112
- Legislative proposal published: COM(2022)0156
- Document attached to the procedure: EUR-Lex SEC(2022)0169
- Document attached to the procedure: EUR-Lex SWD(2022)0110
- Document attached to the procedure: SWD(2022)0111
- Document attached to the procedure: EUR-Lex SWD(2022)0112
- Economic and Social Committee: opinion, report: CES2403/2022
- Committee of the Regions: opinion: CDR2951/2022
- Committee draft report: PE737.352
- Amendments tabled in committee: PE739.774
- Amendments tabled in committee: PE739.776
- Amendments tabled in committee: PE739.775
- Amendments tabled in committee: PE739.777
- Amendments tabled in committee: PE739.778
- Amendments tabled in committee: PE739.779
- Committee opinion: PE736.732
- Committee opinion: PE736.485
- Coreper letter confirming interinstitutional agreement: GEDA/A/(2024)007080
- Text agreed during interinstitutional negotiations: PE758.120
- Text adopted by Parliament, 1st reading/single reading: T9-0123/2024
- Contribution: COM(2022)0156
Activities
- Seán KELLY
Plenary Speeches (0)
- Radan KANEV
Plenary Speeches (0)
Amendments | Dossier |
240 |
2022/0104(COD)
2022/11/16
AGRI
1 amendments...
Amendment 268 #
Proposal for a directive Annex II Directive 2010/75/EU Annex Ib (new) Type of animal Coefficient - Poultry - 0,018 - Production pigs (over 30 kg) - 0,375 - Sows - 1
source: 738.610
2022/11/18
AGRI
239 amendments...
Amendment 100 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point e Directive 2010/75/EU Article 3 – paragraph 1 – point 23c ‘livestock unit’ or ‘LSU’ means
Amendment 101 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point e Directive 2010/75/EU Article 3 – paragraph 1 – point 23c Amendment 102 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point e Directive 2010/75/EU Article 3 – paragraph 1 – point 23c Amendment 103 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive 2010/75/EU Article 4 – paragraph 1 – second subparagraph Amendment 104 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive 2010/75/EU – Article 4 – paragraph 1 – subparagraph 2 Amendment 105 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive 2010/75/EU Article 4 – paragraph 1 – second subparagraph ‘By way of derogation from the first subparagraph, Member States may set a procedure for the registration of installations covered only by Chapter V
Amendment 106 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive 2010/75/EU Article 4 – paragraph 1 – second subparagraph ‘By way of derogation from the first subparagraph, Member States may set a procedure for the registration of installations covered only by Chapter V
Amendment 107 #
Proposal for a directive Article 1 – paragraph 1 – point 5 Directive 2010/75/EU Article 5 – Paragraph 4 Amendment 108 #
Proposal for a directive Article 1 – paragraph 1 – point 5 Directive 2010/75/EU Article 5 – paragraph 4 Member States shall ensure that the non- technical information from permits
Amendment 109 #
Proposal for a directive Article 1 – paragraph 1 – point 9 – point a Directive 2010/75/EU 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 and farmers concerned, non-governmental organisations promoting environmental protection, the European Chemicals Agency and the Commission.
Amendment 110 #
Proposal for a directive Article 1 – paragraph 1 – point 11 Directive 2010/75/EU Article 14a – paragraph 1 Member States shall require the operator to prepare and implement, for each installation falling within the scope of this Chapter, an environmental
Amendment 111 #
Proposal for a directive Article 1 – paragraph 1 – point 11 Directive 2010/75/EU – Article 14a – paragraph 3 (3) The EMS of an installation shall be made available on the Internet on request, free of charge
Amendment 112 #
Proposal for a directive Article 1 – paragraph 1 – point 22 (ea) representatives of the farmers concerned;
Amendment 113 #
Proposal for a directive Article 1 – paragraph 1 – point 22 Directive 2010/75/EU Article 27c By way of derogation from Article 21(3), the competent authority may set emission limit values that ensure that, within 6 years of publication of a decision on BAT conclusions in accordance with Article 13(5) relating to the main activity of an installation, emissions shall not, under normal operating conditions, exceed emission levels associated with emerging techniques as laid down in the decisions on BAT conclusions. In the case of rearing facilities covered by the provisions in Chapter VIa, for provisions associated with emerging techniques, the applicable time limits may be extended up to 17 years.
Amendment 114 #
Proposal for a directive Article 1 – paragraph 1 – point 22 Directive 2010/75/EU Regarding activities referred to in article 70a, Member states shall present by June 2025 a sector wide transformation plan, containing information on how the sector will be transformed during the 2030-2050 period in order to contribute to the emergence of a sustainable, clean, circular and climate-neutral economy by 2050.
Amendment 115 #
Proposal for a directive Article 1 – paragraph 1 – point 24 Directive 2010/75/EU Chapter VIa – title SPECIAL PROVISIONS FOR INTENSIVE REARING OF POULTRY
Amendment 116 #
Proposal for a directive Article 1 – paragraph 1 – point 24 Directive 2010/75/EU Chapter VIa – title SPECIAL PROVISIONS FOR INTENSIVE REARING OF POULTRY
Amendment 117 #
Proposal for a directive Article 1 – paragraph 1 – point 24 Directive 2010/75/EU Chapter VI a – Title SPECIAL PROVISIONS FOR REARING OF POULTRY
Amendment 118 #
Proposal for a directive Article 1 – paragraph 1 – point 24 Directive 2010/75/EU Chapter VIa – Title SPECIAL PROVISIONS FOR REARING POULTRY
Amendment 119 #
Proposal for a directive Article 1 – paragraph 1 – point 24 Directive 2010/75/EU Chapter VI – Title SPECIAL PROVISIONS FOR REARING POULTRY
Amendment 120 #
Proposal for a directive Article 1 – paragraph 1 – point 25 Directive 2010/75/EU Article 70a This Chapter shall apply to the activities
Amendment 121 #
Proposal for a directive Article 1 – paragraph 1 – point 25 Directive 2010/75/EU Article 70a This Chapter shall apply to the
Amendment 122 #
Proposal for a directive Article 1 – paragraph 1 – point 25 Directive 2010/75/EU Article 70a This Chapter shall apply to the
Amendment 123 #
Proposal for a directive Article 1 – paragraph 1 – point 25 Directive 2010/75/EU Article 70a This Chapter shall apply to the
Amendment 124 #
Proposal for a directive Article 1 – paragraph 1 – point 25 Directive 2010/75/EU Article 70a This Chapter shall apply to the activities set out in Annex Ia, including agricultural activities, which reach the capacity thresholds set out in that Annex.
Amendment 125 #
Proposal for a directive Article 1 – paragraph 1 – point 25 Directive 2010/75/EU Article 70a – second paragraph The European Commission and Member States shall ensure that specialist farmers have access to sufficient lines of finance for developing and modernising installations as necessary to meet the objectives of this directive
Amendment 126 #
Proposal for a directive Article 1 – paragraph 1 – point 25 Directive 2010/75/EU Article 70b Amendment 127 #
Proposal for a directive Article 1 – paragraph 1 – point 25 Directive 2010/75/EU Article 70b – title Amendment 128 #
Proposal for a directive Article 1 – paragraph 1 – point 25 Directive 2010/75/EU Article 70b Amendment 129 #
Proposal for a directive Article premier – paragraph 1 – point 25 Directive 2010/75/EU Article 70 b Amendment 130 #
Proposal for a directive Article 1 – paragraph 1 – point 25 Directive 2010/75/EU Article 70b – first paragraph If two or more installations are located close to each other and if
Amendment 131 #
Proposal for a directive Article 1 – paragraph 1 – point 25 Directive 2010/75/EU Article 70b Amendment 132 #
Proposal for a directive Article 1 – paragraph 1 – point 25 Directive 2010/75/EU Article 70b If two or more installations are located close to each other and if their operator is the same or if the installations are under the control of operators who are engaged in an economic or legal relationship, the installations concerned shall be considered as a single unit for the purpose of calculating the capacity threshold referred to in Article 70a. Member States shall ensure that this rule is not used to circumvent the obligations set out in this directive.
Amendment 133 #
Proposal for a directive Article 1 – paragraph 1 – point 25 Directive 2010/75/EU Article 70b If two or more installations are located close to each other and if their operator is the same or if the installations are under the control of operators who are engaged in an economic or legal relationship, the installations concerned shall be considered as a single unit for the purpose of calculating the capacity threshold referred to in Article 70a. This rule should not be used to circumvent the obligations of this directive.
Amendment 134 #
Proposal for a directive Article 1 – paragraph 1 – point 25 Directive 2010/75/EU Article 70c – title Permits and simplified registration procedure
Amendment 135 #
Proposal for a directive Article 1 – paragraph 1 – point 25 Directive 2010/75/EU Article 70c – Title Permits and simplified registration procedure
Amendment 136 #
Proposal for a directive Article 1 – paragraph 1 – point 25 Directive 2010/75/EU Article 70c – title Permits and simplified registration procedure
Amendment 137 #
Proposal for a directive Article 1 – paragraph 1 – point 25 Directive 2010/75/EU Article 70 – paragraph 1 – third subparagraph Member States shall specify the procedure for granting a permit in respect of installations falling within the scope of this Chapter. Those procedures shall include at least the information listed in paragraph 2. Member States shall ensure that the costs of granting permits are reasonable and do not jeopardise the economic viability of farms. Member States shall undertake to provide operators of agricultural installations with subsidised services relating to inspections linked to the maintenance of permits.
Amendment 138 #
Proposal for a directive Article 1 – paragraph 1 – point 25 Directive 2010/75/EU Article 70c – paragraph 1 – fourth paragraph To effectively reduce GHG and pollutant emissions into the air, soil and water, it is inevitable to drastically reduce the number of farmed animals. This especially concerns Member States with a high livestock density. The establishment and expansion of industrial livestock installations shall not be granted a permit.
Amendment 139 #
Proposal for a directive Article 1 – paragraph 1 – point 25 Directive 2010/75/EU Article 70c – paragraph 1 – fourth subparagraph Member States shall ensure that requirements set out in articles 11, 12, 14, 16, 18, 23 are applied for installations (a) with more than 40.000 places for poultry; (b) with more than 2.000 places for production pigs (over 30 kg), or (c) with more than 750 places for sows.
Amendment 140 #
Proposal for a directive Article 1 – paragraph 1 – point 25 Directive 2010/75/EU Article 70c – paragraph 1a (new) By way of derogation from the first paragraph to this Article, Member States may set a specific procedure for the registration of the installations only covered by this Chapter. The procedure for the registration shall be specified in a binding act and include at least a notification to the competent authority by the operators of the intention to operate its activity. Member States may use any similar pre- existing procedure for the registration. They shall avoid administrative burden and additional costs for the operators. Member States shall issue the permits within six months from the date of the operator's application.
Amendment 141 #
Proposal for a directive Article premier – paragraph 1 – point 25 Directive 2010/75/EU Article 70c – paragraph 1 Where the Member State considers that an operation or type of operation does not present genuine risks, it may provide for exemptions from authorisation and simplified authorisations that may take the form of a simple notification.
Amendment 142 #
Proposal for a directive Article 1 – paragraph 1 – point 25 Directive 2010/75/EU Article 70c – paragraph 1a (new) 1a. By way of derogation from paragraph 1 of this Article, Member States shall provide for a simple procedure for registration covering the majority of farms rearing animals covered in this chapter. The procedure for registration referred to in the first subparagraph shall be laid down in a binding act and consist of a simple requirement for a notification to the competent authority by the farmer of the intention to operate its activity. Member States shall use any similar pre- existing procedure for the registration in order to avoid creating an administrative burden.
Amendment 143 #
Proposal for a directive Article 1 – paragraph 1 – point 25 Directive 2010/75/EU Article 70c – paragraph 1a (new) Amendment 144 #
Proposal for a directive Article 1 – paragraph 1 – point 25 Directive 2010/75/EU Article 70c – paragraph 1a (new) 1a. Member States shall include requirements set out in Article 11 regarding the general principles governing the basic obligations of the operator and Article 12 regarding the applications for permits for the activities specified in Annex Ia.
Amendment 145 #
Proposal for a directive Article 1 – paragraph 1 – point 25 Directive 2010/75/EU Article 70c – paragraph 2 – point a (a) the
Amendment 146 #
Proposal for a directive Article 1 – paragraph 1 – point 25 Directive 2010/75/EU Article 70c – paragraph 2 – point b (b) the animal type, information on animal welfare
Amendment 147 #
Proposal for a directive Article 1 – paragraph 1 – point 25 Directive 2010/75/EU Article 70c – paragraph 2 – point c (c) the capacity of the installation and specifications on grazing capacity;
Amendment 148 #
Proposal for a directive Article 1 – paragraph 1 – point 25 Directive 2010/75/EU Article 70c – paragraph 2 – point c (c) the capacity of the
Amendment 149 #
Proposal for a directive Article 1 – paragraph 1 – point 25 Directive 2010/75/EU Article 70c – paragraph 2 – point d (d) the sources of emissions from the
Amendment 150 #
Proposal for a directive Article 1 – paragraph 1 – point 25 Directive 2010/75/EU Article 70c – Paragraph 2 – point e Amendment 151 #
Proposal for a directive Article 1 – paragraph 1 – point 25 (e) the nature and quantities of foreseeable emissions from the installation into each medium
Amendment 152 #
Proposal for a directive Article 1 – paragraph 1 – point 25 Directive 2010/75/EU Article 70c – paragraph 2 – point e (e) the nature and quantities of foreseeable emissions from the
Amendment 153 #
Proposal for a directive Article 1 – paragraph 1 – point 25 Directive 2010/75/EU Article 70c – paragraph 2 – point e (e) the nature and quantities of foreseeable emissions from the installation into each medium under normal operating conditions.
Amendment 154 #
Proposal for a directive Article 1 – paragraph 1 – point 25 Directive 2010/75/EU Article 70c – paragraph 2 – point ea (new) (ea) measures planned to monitor emissions into the environment;
Amendment 155 #
Proposal for a directive Article 1 – paragraph 1 – point 25 Directive 2010/75/EU Article 70c – paragraph 2 – point eb (new) (e b) the proposed technologies, techniques and measures for preventing and reducing emissions from the installation, while improving animal health and welfare;
Amendment 156 #
Proposal for a directive Article 1 – paragraph 1 – point 25 Directive 2010/75/EU Article 70c – Paragraph 3 Amendment 157 #
Proposal for a directive Article 1 – paragraph 1 – point 25 Directive 2010/75/EU Article 70c – paragraph 3 Amendment 158 #
Proposal for a directive Article 1 – paragraph 1 – point 25 Directive 2010/75/EU Article 70c – paragraph 3 3.
Amendment 159 #
Proposal for a directive Article 1 – paragraph 1 – point 25 Directive 2010/75/EU Article 70c – paragraph 4 4. Member States shall take necessary measures to ensure that the operator informs the competent authority, without delay, of any planned substantial change to the installations falling within the scope of this Chapter which may have consequences for the environment. Where appropriate and within two months from the notification of the operator, the competent authority shall reconsider and update the permit.
Amendment 160 #
Proposal for a directive Article 1 – paragraph 1 – point 25 Directive 2010/75/EU Article 70c – paragraph 4 4. Member States shall take necessary measures to ensure that the operator informs the competent authority, without delay, of any planned substantial change to the installations falling within the scope of this Chapter which may have consequences for the environment and human and animal health and welfare. Where appropriate, the competent authority shall reconsider and update the permit.
Amendment 161 #
Proposal for a directive Article 1 – paragraph 1 – point 25 Directive 2010/75/EU Article 70c – paragraph 4 4. Member States shall take necessary measures to ensure that the
Amendment 162 #
Proposal for a directive Article 1 – paragraph 1 – point 25 Directive 2010/75/EU Article 70c – paragraph 4a (new) Amendment 163 #
Proposal for a directive Article 1 – paragraph 1 – point 25 Directive 2010/75/EU Article 70d – title Amendment 164 #
Proposal for a directive Article 1 – paragraph 1 – point 25 Directive 2010/75/EU – Article 70d Amendment 165 #
Proposal for a directive Article 1 – paragraph 1 – point 25 Directive 2010/75/EU Article 70d – title Amendment 166 #
Proposal for a directive Article 1 – paragraph 1 – point 25 Directive 2010/75/EU Article 70d – paragraph 1 Amendment 167 #
Proposal for a directive Article 1 – paragraph 1 – point 25 Directive 2010/75/EU Article 70d – paragraph 1 – first subparagraph Member States shall ensure that the operator carries out monitoring of
Amendment 168 #
Proposal for a directive Article 1 – paragraph 1 – point 25 Directive 2010/75/EU Article 70d – first paragraph – second subparagraph The operator shall keep a record of, and process, all monitoring results, for a period of
Amendment 169 #
Proposal for a directive Article 1 – paragraph 1 – point 25 Directive 2010/75/EU Article 70d – paragraph 2 Amendment 170 #
Proposal for a directive Article 1 – paragraph 1 – point 25 Directive 2010/75/EU Article 70d – paragraph 2 2. In the event of non-compliance with the emission limit values and environmental performance limit values set out in the operating rules referred to in Article 70i, Member States shall require that the operator takes the measures necessary to ensure that compliance is restored
Amendment 171 #
Proposal for a directive Article 1 – paragraph 1 – point 25 Directive 2010/75/EU Article 70d – paragraph 3 Amendment 172 #
Proposal for a directive Article 1 – paragraph 1 – point 25 Directive 2010/75/EU Article 70d – paragraph 3 3. The operator shall ensure that any land spreading of waste, animal by- products or other residues generated by the installation is undertaken in accordance with the best available techniques, as specified in the operating rules referred to in Article 70i,
Amendment 173 #
Proposal for a directive Article 1 – paragraph 1 – point 25 Directive 2010/75/EU Article 70e – paragraph 3 3. The operator shall, without delay, make available the data and information listed in paragraph 2 of this Article to the
Amendment 174 #
Proposal for a directive Article 1 – paragraph 1 – point 25 Directive 2010/75/EU Article 70e – paragraph 3 3.
Amendment 175 #
Proposal for a directive Article 1 – paragraph 1 – point 25 Directive 2010/75/EU Article 70e – paragraph 3 3. The operator shall
Amendment 176 #
Proposal for a directive Article 1 – paragraph 1 – point 25 Directive 2010/75/EU 3. The operator shall,
Amendment 177 #
Proposal for a directive Article 1 – paragraph 1 – point 25 Directive 2010/75/EU Article 70e – paragraph 3 3. The operator shall, without delay, make available the data and information listed in paragraph 2 of this Article to the competent authority annually, and upon request. The competent authority may make such a request in order to verify compliance with the operating rules referred to in Article 70i. The competent authority shall make such a request if a member of the public requests access to the data or information listed in paragraph 2 of this Article.
Amendment 178 #
Proposal for a directive Article 1 – paragraph 1 – point 25 Directive 2010/75/EU Article 70f – paragraph 2 2. Member States shall set up an effective compliance monitoring system, based on
Amendment 179 #
Proposal for a directive Article 1 – paragraph 1 – point 25 Directive 2010/75/EU Article 70f – paragraph 3 – second subparagraph Amendment 180 #
Where non-compliance causes a significant degradation of local air, water or soil conditions, or where it poses, or risks to pose, a significant danger to human health,
Amendment 181 #
Proposal for a directive Article 1 – paragraph 1 – point 25 Directive 2010/75/EU Article 70g – paragraph 1 – point a Amendment 182 #
Proposal for a directive Article 1 – paragraph 1 – point 25 Directive 2010/75/EU Article 70g – paragraph 1 – point a Amendment 183 #
Proposal for a directive Article 1 – paragraph 1 – point 25 Directive 2010/75/EU Article 70g – paragraph 2 2. The competent authority shall make available to the public
Amendment 184 #
Proposal for a directive Article 1 – paragraph 1 – point 25 Directive 2010/75/EU Article 70g – paragraph 2 2. The competent authority shall make available to the public
Amendment 185 #
Proposal for a directive Article 1 – paragraph 1 – point 25 Directive 2010/75/EU – Article 70g – paragraph 2 2. The competent authority shall make available on request to the public concerned, including systematically via the Internet, free of charge and without restricting access to registered users, the following documents and information:
Amendment 186 #
Proposal for a directive Article 1 – paragraph 1 – point 25 Directive 2010/75/EU Article 70g – paragraph 2 – point b Amendment 187 #
Proposal for a directive Article 1 – paragraph 1 – point 25 Directive 2010/75/EU Article 70g – paragraph 2 – point d Amendment 188 #
Proposal for a directive Article 1 – paragraph 1 – point 25 Directive 2010/75/EU Article 70g – paragraph 2 – point d Amendment 189 #
Proposal for a directive Article 1 – paragraph 1 – point 25 Directive 2010/75/EU Article 70g – paragraph 2 – point d (d) the reports of inspections of the installations falling within the scope of this Chapter. Nonetheless, without prejudice to Article 4(2) second subparagraph of Directive 2003/4/EC, at the request of the operator, those parts of such reports that involve sensitive commercial or industrial information, or which include personal data within the meaning of Article 4(1) of Regulation (EU) 2016/679 that are not strictly necessary for the purpose of this Article, shall not be published.
Amendment 190 #
Proposal for a directive Article 1 – paragraph 1 – point 25 Directive 2010/75/EU Article 70g – paragraph 2 – point d (d) the reports of inspections of the installations falling within the scope of this Chapter. Nonetheless, without prejudice to Article 4(2), second subparagraph, of Directive 2003/4/EC, at the request of the operator, parts of such reports that involve sensitive commercial or industrial information, or which include personal data within the meaning of Article 4(1) of Regulation (EU) 2016/679 that are not strictly necessary for the purpose of this Article, shall not be published.
Amendment 191 #
Proposal for a directive Article 1 – paragraph 1 – point 25 Directive 2010/75/EU – Article 70g – paragraph 2 – point d (d) the reports of inspections of the installations falling within the scope of this
Amendment 192 #
Proposal for a directive Article 1 – paragraph 1 – point 25 Directive 2010/75/EU Article 70g – paragraph 2 – point d (d) the complete reports of inspections of the installations falling within the scope of this Chapter.
Amendment 193 #
Proposal for a directive Article 1 – paragraph 1 – point 25 Directive 2010/75/EU Article 70h – paragraph 1 Member States shall ensure that, in accordance with the relevant national legal system, members of the public directly 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 this Chapter when one of the following conditions is met:
Amendment 194 #
Proposal for a directive Article 1 – paragraph 1 – point 25 Directive 2010/75/EU Article 70h – paragraph 1 – point a (a) they have a
Amendment 195 #
Proposal for a directive Article 1 – paragraph 1 – point 25 Directive 2010/75/EU Article 70h – paragraph 1 – point a (a) they have a
Amendment 196 #
Proposal for a directive Article 1 – paragraph 1 – point 25 Directive 2010/75/EU – Article 70h – paragraph 1 – point a (a) they have a
Amendment 197 #
Proposal for a directive Article 1 – paragraph 1 – point 25 Directive 2010/75/EU Article 70h – paragraph 1 – after point b Standing in the review procedure may not be conditional on the role that the
Amendment 198 #
Proposal for a directive Article 1 – paragraph 1 – point 25 Directive 2010/75/EU Article 70h – paragraph 1 – after point b The review procedure shall be fair, equitable, timely and not prohibitively expensive, and shall provide for adequate and effective redress mechanisms
Amendment 199 #
Proposal for a directive Article 1 – paragraph 1 – point 25 Directive 2010/75/EU – The review procedure shall be fair, equitable, proportionate, timely and not prohibitively expensive, and shall provide for adequate and effective redress mechanisms, including injunctive relief as appropriate.
Amendment 200 #
Proposal for a directive Article 1 – paragraph 1 – point 25 Directive 2010/75/EU Article 70i – paragraph 1 Amendment 201 #
Proposal for a directive Article 1 – paragraph 1 – point 25 Directive 2010/75/EU Article 70i – paragraph 1 – subparagraph 1 – introductory part T
Amendment 202 #
Proposal for a directive Article 1 – paragraph 1 – point 25 Directive 2010/75/EU Article 70i – introductory part The Commission shall, in cooperation with farmers whose production falls within the scope of this directive, establish operating rules containing requirements consistent with the use of best available techniques for the activities listed in
Amendment 203 #
Proposal for a directive Article premier – paragraph 1 – point 25 Directive 2010/75/EU Article 70j – paragraph 1 Amendment 204 #
Proposal for a directive Article 1 – paragraph 1 – point 25 Directive 2010/75/EU Article 70i – paragraph 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 I
Amendment 205 #
Proposal for a directive Article 1 – paragraph 1 – point 25 Directive 2010/75/EU Article 70h – paragraph 1 – introductory part The
Amendment 206 #
Proposal for a directive Article 1 – paragraph 1 – point 25 Directive 2010/75/EU Article 70i – paragraph 1 – introductory part The Commission shall establish operating rules containing requirements consistent with the use of best available techniques for the activities
Amendment 207 #
Proposal for a directive Article 1 – paragraph 1 – point 25 Directive 2010/75/EU Article 70i – paragraph 1 – point aa (new) (aa) new natural resource limits
Amendment 208 #
Proposal for a directive Article 1 – paragraph 1 – point 25 Directive 2010/75/EU Article 70i – paragraph 1 – point ea (new) (ea) information on the impact on human and animal health and welfare
Amendment 209 #
Proposal for a directive Article 1 – paragraph 1 – point 25 Directive 2010/75/EU Article 70i – paragraph 1 – second subparagraph The operating rules shall be proportional and take into account inter alia the nature, type, size and density of these installations, animal welfare considerations, the protection of biodiversity and the specificities of pasture based cattle rearing systems, where animals are only seasonally reared in indoor installations, as well as the nature of indoor installations. The operating rules shall be guided by the best available agro-ecological science. The precautionary principle shall fully respected, including in relation to animal feed techniques.
Amendment 210 #
Proposal for a directive Article 1 – paragraph 1 – point 25 Directive 2010/75/EU Article 70i – paragraph 1 – second subparagraph The operating rules shall take into account inter alia the nature, type, size and density of these
Amendment 211 #
Proposal for a directive Article 1 – paragraph 1 – point 25 Directive 2010/75/EU – Article 70i – paragraph 1 – subparagraph 2 The operating rules shall take into account inter alia the nature, type, size and density of these
Amendment 212 #
Proposal for a directive Article 1 – paragraph 1 – point 25 Directive 2010/75/EU Article 70i – paragraph 1 – subparagraph 2 The operating rules shall take into account inter alia the nature, type, size and density of these
Amendment 213 #
Proposal for a directive Article 1 – paragraph 1 – point 25 Directive 2010/75/EU Article 70i – paragraph 1 – subparagraph 2 The operating rules shall take into account inter alia the nature, type, size and density of these
Amendment 214 #
Proposal for a directive Article 1 – paragraph 1 – point 25 Directive 2010/75/EU Article 70i – paragraph 1 – subparagraph 2 The operating rules shall take into account inter alia the nature, type, size
Amendment 215 #
Proposal for a directive Article 1 – paragraph 1 – point 25 Directive 2010/75/EU Article 70i – paragraph 1 – third subparagraph (new) The operating rules shall incorporate the existence of emerging techniques in animal husbandry and specify the conditions under which the competent authority may grant a permit to an installation using such techniques
Amendment 216 #
Proposal for a directive Article premier – paragraph 1 – point 25 Directive 2010/75/EU Article 70j – paragraph 2 Amendment 217 #
Proposal for a directive Article 1 – paragraph 1 – point 25 Directive 2010/75/EU Article 70i – paragraph 2 Amendment 218 #
Proposal for a directive Article 1 – paragraph 1 – point 25 Directive 2010/75/EU Article 70i – Paragraph 2 2.
Amendment 219 #
Proposal for a directive Article 1 – paragraph 1 – point 25 Directive 2010/75/EU 2a. The operating rules shall be based on BAT without prescribing the use of any technique or specific technology.
Amendment 220 #
Proposal for a directive Article 1 – paragraph 1 – point 25 Directive 2010/75/EU Article 70i – paragraph 2b (new) 2b. The operating rules shall be based on an integral assessment taking into account the potential effects on, inter alia, the overall economic sustainability, safety, in particular fire safety, and animal health and welfare.
Amendment 221 #
Proposal for a directive Article 1 – paragraph 1 – point 25 Directive 2010/75/EU Article 70i – Paragraph 3 3. Member States shall ensure that all the permit conditions for the installations
Amendment 222 #
Proposal for a directive Article 1 – paragraph 1 – point 25 Directive 2010/75/EU 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
Amendment 223 #
Proposal for a directive Article premier – paragraph 1 – point 27 Directive 2010/75/EU Article 74 – paragraph 1 Amendment 224 #
Proposal for a directive Article 1 – paragraph 1 – point 27 Directive 2010/75/EU 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 225 #
Proposal for a directive Article premier – paragraph 1 – point 27 Directive 2010/75/EU Article 74 –paragraph 2 Amendment 226 #
Proposal for a directive Article 1 – paragraph 1 – point 27 Directive 2010/75/EU Article 74 – paragraph 2 Amendment 227 #
Proposal for a directive Article 1 – paragraph 1 – point 27 Directive 2010/75/EU Article 74 – paragraph 2 2. In order to allow the provisions of this Directive to meet its objectives to prevent or reduce pollutants emissions and achieve a high level of protection of human health and the environment, the Commission shall be empowered to adopt
Amendment 228 #
Proposal for a directive Article 1 – paragraph 1 – point 27 Directive 2010/75/EU Article 74 – paragraph 2 2. In order to allow the provisions of this Directive to meet its objectives to prevent or reduce pollutants emissions and achieve a high level of protection of human health and the environment, the Commission shall be empowered to adopt a delegated act, in accordance with Article 76, to amend Annex I
Amendment 229 #
Proposal for a directive Article 1 – paragraph 1 – point 27 Directive 2010/75/EU Article 74 – paragraph 2 2. In order to allow the provisions of this Directive to meet its objectives to prevent or reduce pollutants emissions and
Amendment 230 #
Proposal for a directive Article 1 – paragraph 1 – point 27 Directive 2010/75/EU Article 74 – paragraph 2 – point (a) Amendment 231 #
Proposal for a directive Article 1 – paragraph 1 – point 27 Directive 2010/75/EU Article 74 – paragraph 2 – point (a) Amendment 232 #
Proposal for a directive Article 1 – paragraph 1 – point 27 Directive 2010/75/EU Article 74 – paragraph 2 – point (b) Amendment 233 #
Proposal for a directive Article 1 – paragraph 1 – point 27 Directive 2010/75/EU Article 74 – paragraph 2 – point (b) Amendment 234 #
Proposal for a directive Article 1 – paragraph 1 – point 27 Directive 2010/75/EU Article 74 – paragraph 2 – point (c) Amendment 235 #
Proposal for a directive Article 1 – paragraph 1 – point 27 Directive 2010/75/EU Article 74 – paragraph 2 – point (c) Amendment 236 #
Proposal for a directive Article 1 – paragraph 1 – point 27 Directive 2010/75/EU Article 74 – paragraph 2 – point (d) Amendment 237 #
Proposal for a directive Article 1 – paragraph 1 – point 27 Directive 2010/75/EU Article 74 – paragraph 2 – point (d) Amendment 238 #
Proposal for a directive Article premier – paragraph 1 – point 29 Directive 2010/75/EU Article 76 – paragraph 2 Amendment 239 #
Proposal for a directive Article 1 – paragraph 1 – point 29 Directive 2010/75/EU Article 76 – paragraph 2 2. The power to adopt delegated acts referred to in Articles 48(5)
Amendment 240 #
Proposal for a directive Article premier – paragraph 1 – point 29 Directive 2010/75/EU Article 76 – paragraph 3 Amendment 241 #
Proposal for a directive Article premier – paragraph 1 – point 31 Directive 2010/75/EU Article 79 – paragraph 2 a 2a. Since agricultural activity cannot be treated as an industrial activity, the provisions of this Directive can under no circumstances give rise to penalties in the event of infringement of national implementing provisions by natural or legal persons carrying out an activity in the agricultural sector.
Amendment 242 #
Proposal for a directive Article premier – paragraph 1 – point 32 Directive 2010/75/EU Amendment 243 #
Proposal for a directive Article 1 – paragraph 1 – point 32 Directive 2010/75/EU Article 79a – paragraph 2 Amendment 244 #
Proposal for a directive Article 1 – paragraph 1 – point 32 Directive 2010/75/EU Article 79a – paragraph 4 Amendment 245 #
Proposal for a directive Article 1 – paragraph 1 – point 32 Directive 2010/75/EU Article 79a – paragraph 4 4. Where there is a claim for compensation in accordance with paragraph 1, supported by evidence from which a causality link may be presumed between the damage and the violation, Member States shall ensure that the onus is on the person
Amendment 246 #
Proposal for a directive Article 1 – paragraph 1 – point 32 Directive 2010/75/EU Article 79a – paragraph 4 4. Where there is a claim for compensation in accordance with paragraph 1, supported by evidence from which a causality link may be presumed between the damage and the violation, Member States shall ensure that the onus is on the person
Amendment 247 #
Proposal for a directive Article 1 – paragraph 1 – point 32 Directive 2010/75/EU Article 79a – paragraph 4 4. Where there is a claim for compensation in accordance with paragraph 1, supported by evidence from which a causality link may be presumed between the damage and the violation, Member States shall ensure that the onus is on the person
Amendment 248 #
Proposal for a directive Article 1 – paragraph 1 – point 34 Directive 2010/75/EU Annex Ia (new) Amendment 249 #
Proposal for a directive Article 1 – paragraph 1 – point 34 Directive 2010/75/EU Annex Ia (new) Amendment 250 #
Proposal for a directive Article 1 – paragraph 1 – point 34 Directive 2010/75/EU Annex Ia (new) Amendment 251 #
Proposal for a directive Annex I – paragraph 1 – point g Directive 2010/75/EU Annex I g – point 5.3 (i) biological treatment (such as anaerobic digestion except for manure);
Amendment 252 #
Proposal for a directive Annex I – paragraph 1 – point j Directive 2010/75/EU Annex I – paragraph j Amendment 253 #
Proposal for a directive Annex II Amendment 254 #
Proposal for a directive Annex II Directive 2010/75/EU Annex Ia Amendment 256 #
Proposal for a directive Annex II Amendment 257 #
Proposal for a directive Annex II Directive 2010/75/EU Annex 1a 1. Rearing of cattle, pigs or poultry in installations of
Amendment 258 #
Proposal for a directive Annex II Directive 2010/75/EU Annex Ia 1. Rearing of cattle
Amendment 259 #
Proposal for a directive Annex II Directive 2010/75/EU Annex 1a 1. Rearing of
Amendment 260 #
Proposal for a directive Annex II Directive 2010/75/EU Annex 1a 1a. Rearing of cattle in installations of 150 livestock units (LSU) or more, and more than 1,6 LSU per hectare of forage area (permanent pasture, temporary grassland including arable leys and home grown fodder crops).
Amendment 261 #
Proposal for a directive Annex II Directive 2010/75/EU Annex 1a 1b. Rearing of cattle in installations of 150 livestock units (LSU) or more, and less than 70% of permanent pasture, temporary grassland including arable leys of the overall forage area.
Amendment 262 #
Proposal for a directive Annex II Directive 2010/75/EU Annex 1a 1c. Rearing of cattle in installations of 750 livestock units (LSU) or more.
Amendment 263 #
Proposal for a directive Annex II Directive 2010/75/EU Annex Ia Amendment 264 #
Rearing of any mix of the following animals: cattle, pigs, poultry, in installations of 150 LSU
Amendment 265 #
Proposal for a directive Annex II Directive 2010/75/EU Annex 1a Rearing of any mix of the following animals: cattle, pigs, poultry, in installations of
Amendment 266 #
Proposal for a directive Annex II Directive 2010/75/EU Annex Ia Rearing of any mix of the following animals:
Amendment 267 #
Proposal for a directive Annex II Directive 2010/75/EU Annex 1a Rearing of any mix of the following animals: cattle, pigs, poultry, in installations of 150 LSU and less than 70% of permanent pasture, temporary grassland including arable leys of the overall forage area
Amendment 29 #
Proposal for a directive – Motion for rejection The Committee on Agriculture and Rural Development calls on the Committee on the Environment, Public Health and Food Safety, as the committee responsible, to reject the Commission's proposal.
Amendment 30 #
Proposal for a directive Article 1 a (new) Directive 2010/75/EU Title Article 1 a (new) Title of the Directive is modified as following "Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial and agricultural emissions (integrated pollution prevention and control)
Amendment 31 #
Proposal for a directive 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 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 ‘Fit for 55’ package61 , the Methane Strategy62 and the Glasgow methane pledge63 , the Climate Adaptation Strategy64 , the Biodiversity Strategy65 , the Farm to Fork strategy66
Amendment 32 #
(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 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 ‘Fit for 55’ package61 , the Methane Strategy62 and the Glasgow methane pledge63 , the Climate Adaptation Strategy64 , the Biodiversity Strategy65 , the Farm to Fork strategy66 , the New Circular Economy Action Plan66a, and the Sustainable Products Initiative67 . Besides, as part of the EU response to the 2022 Russia-
Amendment 33 #
Proposal for a directive Recital 2 (2) The European Green Deal announced a revision of Union measures to address pollution from large industrial installations, including reviewing the sectoral scope of the legislation and how to make it fully consistent with climate, energy and circular economy policies. In addition, the Zero Pollution Action Plan, the Circular Economy Action Plan and the Farm to Fork Strategy also call for
Amendment 34 #
Proposal for a directive Recital 2 (2) The European Green Deal announced a revision of Union measures to address pollution from large industrial installations, including reviewing the sectoral scope of the legislation and how to make it fully consistent with climate, energy and circular economy policies. In addition, the Zero Pollution Action Plan, the Circular Economy Action Plan and the Farm to Fork Strategy also call for reducing pollutant emissions at source, including sources not currently within the scope of Directive 2010/75/EU of the European Parliament and of the Council69 . Addressing pollution and GHG emissions from certain agro-
Amendment 35 #
Proposal for a directive Recital 2 (2) The European Green Deal announced a revision of Union measures to address pollution from large industrial installations, including reviewing the sectoral scope of the legislation and how to make it fully consistent with climate, energy and circular economy policies. In addition, the Zero Pollution Action Plan, the Circular Economy Action Plan and the Farm to Fork Strategy also call for reducing pollutant emissions at source, including sources not currently within the scope of Directive 2010/75/EU of the European Parliament and of the Council69. Addressing pollution from certain
Amendment 36 #
Proposal for a directive Recital 2 (2) The European Green Deal announced a revision of Union measures to address pollution from large industrial installations, including reviewing the sectoral scope of the legislation and how to make it fully consistent with climate, energy and circular economy policies. In addition, the Zero Pollution Action Plan, the Circular Economy Action Plan and the Farm to Fork Strategy also call for reducing pollutant emissions at source, including sources not currently within the scope of Directive 2010/75/EU of the European Parliament and of the Council69 .
Amendment 37 #
Proposal for a directive Recital 2 (2) The European Green Deal announced a revision of Union measures to address pollution from large industrial installations, including reviewing the sectoral scope of the legislation and how to make it fully consistent with climate, energy and circular economy policies. In addition, the Zero Pollution Action Plan, the Circular Economy Action Plan and the Farm to Fork Strategy also call for reducing pollutant emissions at source, including sources not currently within the scope of Directive 2010/75/EU of the European Parliament and of the Council69 .
Amendment 38 #
Proposal for a directive Recital 2 (2) The European Green Deal announced a revision of Union measures to address pollution from large industrial installations, including reviewing the
Amendment 39 #
Proposal for a directive Recital 3 (3)
Amendment 40 #
Proposal for a directive Recital 3 (3)
Amendment 41 #
Proposal for a directive 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 are 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, according to national specificities. This requires effective, tailored and harmonised measures to ensure 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 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 growth of those activities in the Union. The development and
Amendment 42 #
Proposal for a directive Recital 3 a (new) (3a) A green transition requires a system change so that it works with the planet and within its boundaries.
Amendment 43 #
Proposal for a directive Recital 4 Amendment 44 #
Proposal for a directive Recital 4 Amendment 45 #
Proposal for a directive Recital 4 (4)
Amendment 46 #
Proposal for a directive Recital 4 (4) Rearing of pigs
Amendment 47 #
Proposal for a directive Recital 4 (4) Rearing of pigs, poultry and cattle cause significant pollutant emissions into
Amendment 48 #
Proposal for a directive Recital 4 (4) Rearing of pigs, poultry and cattle may cause significant pollutant emissions into the air and water. In order to reduce such pollutant emissions, including ammonia, methane, nitrates and greenhouse gas emissions and thereby improve air, water and soil quality,
Amendment 49 #
Proposal for a directive Recital 4 (4)
Amendment 50 #
Proposal for a directive Recital 4 (4) Rearing of pigs
Amendment 51 #
Proposal for a directive Recital 4 a (new) (4a) Appropriate importance should be given to protecting the surrounding environment, but care must be taken not to place any additional administrative or financial burdens on the livestock sector; on the contrary, the activities of these operators need ongoing stimulus in order to meet all of the current challenges they face.
Amendment 52 #
Proposal for a directive Recital 6 Amendment 53 #
Proposal for a directive Recital 6 (6) With a view to further strengthening
Amendment 54 #
Proposal for a directive Recital 6 a (new) (6a) The Commission shall specify clearly and accessibly which non- technical information can be made available to the public concerned on request, so as to increase public interest without affecting the economic activity of the producer. The Commission shall specify who is responsible for drafting the non-technical information and uniform summary. In the event that this information has to be synthesised by an environmental assessor, the Commission should establish how the cost of this will be covered.
Amendment 55 #
Proposal for a directive Recital 12 (12) To ensure the protection of human health and the environment as a whole, 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, but without complicating or creating difficulties in the process of granting permits.
Amendment 56 #
Proposal for a directive Recital 12 (12) To ensure the protection of human
Amendment 57 #
Proposal for a directive Recital 13 (13) With a view to continuously improving the environmental performance and safety of the installation, including by preventing waste generation, optimising resource use and water reuse, 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 on request. 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. However, the EMS should maintain the integrity of confidential business information, by not publishing information classed as confidential business information or information that is sensitive from a business point of view.
Amendment 58 #
Proposal for a directive Recital 15 (15) Providing a high level of protection of human
Amendment 59 #
Proposal for a directive 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 the best available techniques conclusions, but should also, where appropriate
Amendment 60 #
Proposal for a directive 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 Council
Amendment 61 #
Proposal for a directive Recital 22 (22) As clarified by the case-law of the Court of Justice73, Member States may not restrict legal standing to challenge a decision of a public authority to those members of the public concerned who participated in the preceding administrative procedure to adopt that decision. As also clarified by the case-law of the Court of Justice74, effective access to justice in environmental matters and effective remedies requires inter alia that members of the public concerned should have the right to ask the court or ancompetent independent and impartial body to order interim measures to prevent a given instance of pollution, including, where necessary, through the temporary suspension of the disputed permit.
Amendment 62 #
Proposal for a directive Recital 22 (22) As clarified by the case-law of the Court of Justice73 , Member States may not restrict legal standing to challenge a decision of a public authority to those members of the public concerned who participated in the preceding administrative procedure to adopt that decision. As also clarified by the case-law of the Court of Justice74 , effective access to justice in environmental matters and effective remedies requires inter alia that members of the public concerned should have the right to ask the court or ancompetent independent and impartial body to order interim measures to prevent a given instance of pollution, including, where necessary, through the temporary suspension of the disputed permit. Therefore, it should be specified that legal standing should not be made conditional on the role that the
Amendment 63 #
Proposal for a directive Recital 27 (27)
Amendment 64 #
Proposal for a directive Recital 27 (27) In light of the
Amendment 65 #
Proposal for a directive Recital 27 (27) In light of the high number of rearing installations that
Amendment 66 #
Proposal for a directive Recital 27 (27)
Amendment 67 #
Proposal for a directive Recital 27 (27) In light of the high number of
Amendment 68 #
Proposal for a directive Recital 27 a (new) (27a) The European Commission and Member States shall ensure that farmers have access to sufficient lines of finance for developing and modernising installations as necessary to meet the objectives of this Directive.
Amendment 69 #
Proposal for a directive Recital 29 (29) In order to ensure that Directive 2010/75/EU continues meeting its objectives to prevent or reduce emissions of pollutants and achieve a high level of protection of human health and the environment,
Amendment 70 #
Proposal for a directive Recital 29 (29)
Amendment 71 #
Proposal for a directive Recital 29 (29) In order to ensure that Directive
Amendment 72 #
(29) In order to ensure that Directive 2010/75/EU continues meeting its objectives to prevent or reduce emissions of pollutants and achieve a high level of protection of human health and the environment, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to supplement that Directive in order to establish operating rules containing requirements for activities relating to rearing of poultry
Amendment 73 #
Proposal for a directive Recital 29 (29) In order to ensure that Directive 2010/75/EU continues meeting its objectives to prevent or reduce emissions of pollutants and achieve a high level of protection of human health and the environment, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to supplement that Directive in order to establish operating rules containing requirements for activities relating to rearing of poultry
Amendment 74 #
Proposal for a directive Recital 29 (29) In order to ensure that Directive 2010/75/EU continues meeting its objectives to prevent
Amendment 75 #
Proposal for a directive Recital 29 (29) In order to ensure that Directive 2010/75/EU continues meeting its objectives to prevent or reduce emissions of pollutants and achieve a high level of protection of human health and the environment, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to supplement that Directive in order to establish operating rules containing requirements for activities relating to rearing of poultry
Amendment 76 #
Proposal for a directive Recital 30 (30) In order to ensure uniform conditions for the implementation of Directive 2010/75/EU, implementing powers should be conferred on the Commission as regards the establishment of (i) the format to be used for the permit summary; (ii)
Amendment 77 #
Proposal for a directive 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 t
Amendment 78 #
Proposal for a directive Recital 33 (33) It is therefore appropriate for Directive 2010/75/EU to address the right for compensation for damages suffered by individuals. To ensure that individuals can defend their rights against damages to health caused by violations of Directive 2010/75/EU and thereby ensure a more efficient enforcement of that Directive, non-governmental organisations promoting the protection of human health or the environment, including those promoting the protection of consumers and meeting any requirements under national law, as members of the public concerned, should be empowered to engage in proceedings, as the Member States so determine, either on behalf or in support of any victim, without prejudice to national rules of procedure concerning representation and defence before the courts. Member States usually enjoy procedural autonomy to ensure an effective remedy against violations of Union law, subject to the respect of the principles of equivalence and effectivity. However, experience shows that while there is overwhelming epidemiologic evidence on the negative health impacts of pollution on the population, in particular as regards air, it is difficult for the victims of violations of Directive 2010/75/EU under the procedural rules on the burden of proof generally applicable in the Member States to demonstrate a causality link between the suffered harm and the violation. As a result, in the majority of cases, victims of violations of Directive 2010/75/EU do not have an effective way to obtain compensation for the harm caused by such violations. To strengthen the rights of individuals to obtain compensation for violations of Directive 2010/75/EU and to contribute to a more efficient enforcement
Amendment 79 #
Proposal for a directive Recital 33 (33) It is therefore appropriate for Directive 2010/75/EU to address the right for compensation for damages suffered by individuals. To ensure that individuals can defend their rights against damages to health caused by violations of Directive 2010/75/EU and thereby ensure a more efficient enforcement of that Directive, non-governmental organisations promoting the protection of human health or the environment, including those promoting the protection of consumers and meeting any requirements under national law, as members of the public concerned, should be empowered to engage in proceedings, as the Member States so determine, either on behalf of or in support of any victim, without prejudice to national rules of procedure concerning representation and defence before the courts. Member States usually enjoy procedural autonomy to ensure an effective remedy against violations of Union law, subject to the respect of the principles of equivalence and effectivity.
Amendment 80 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 2010/75/EU Article 1 – second subparagraph It also lays down rules designed to prevent or
Amendment 81 #
Proposal for a directive Article 1 – paragraph 1 – point 2 Directive 2010/75/EU Article 2 – paragraph 1 1. This Directive shall apply to the industrial activities giving rise to pollution referred to in Chapters II to VIa
Amendment 82 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point a Directive 2010/75/EU Article 3 – paragraph 1 – point 3 (3) ‘installation’ means a stationary technical unit within which one or more activities listed in Annex I, in Annex Ia, including agricultural activities, 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;
Amendment 83 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point a Directive 2010/75/EU Article 3 – paragraph 1 – point 3 (3) ‘installation’ means a stationary technical unit within which one or more activities listed in Annex I, in Annex I
Amendment 84 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point a Directive 2010/75/EU – Article 3 – paragraph 1 – point 3 (3) ‘installation’ means a stationary technical unit within which one or more activities listed in Annex I
Amendment 85 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point a Directive 2010/75/EU Article 3 – paragraph 1 – point 3 (3) ‘installation’ means a stationary technical unit within which one or more activities listed in Annex I
Amendment 86 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point b Directive 2010/75/EU Article 1 – paragraph 1 – point 12 (12) ‘BAT conclusions’ means a document containing the parts of a BAT reference document laying down the conclusions on best available techniques, their description, information to assess their applicability, the proven emission levels associated with the best available techniques, the proven environmental performance levels associated with the best available techniques, the impact on nature, environment, human and animal health and welfare, the minimum content of an environmental management system
Amendment 87 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point d Directive 2010/75/EU Article 3 – paragraph 1 – point 17 (17) ‘the public concerned’ means the public affected or likely to be affected by, or having an interest in, the taking of a decision on the granting or the updating of a permit
Amendment 88 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point d Directive 2010/75/EU Article 3 – paragraph 1 – point 17 (17) ‘the public concerned’ means the public affected
Amendment 89 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point d a (new) Directive 2010/75/EU Article 3 – paragraph 1 – point 23 (da) Article 3 – paragraph 1 – point 23 is replaced by the following: ‘poultry’ means poultry as defined in Article 4(9) of Regulation (EU) 2016/429 of the European Parliament and of the Council81a on transmissible animal diseases; _________________ 81a OJ L84, 31.3.2016 p. 1-208
Amendment 90 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point d a (new) Directive 2010/75/EU Article 3 – paragraph 1 – point 23 (da) Article 3 – paragraph 1 – point 23 is replaced by the following: "‘poultry’ means poultry as defined in point
Amendment 91 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point e Directive 2010/75/EU Article 3 – paragraph 1 – point 23b Amendment 92 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point e Directive 2010/75/EU Article 3 – paragraph 1 – point 23b Amendment 93 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point e Directive 2010/75/EU Article 3 – paragraph 1 – point 23b Amendment 94 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point e Directive 2010/75/EU Article 3 – paragraph 1 – point 23b Amendment 95 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point e Directive 2010/75/EU Article 3 – paragraph 1 – point 23 b Amendment 96 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point e Directive 2010/75/EU Article 3 – paragraph 1 – point 23b (23b) ‘cattle’ means domestic
Amendment 97 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point e Amendment 98 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point e Directive 2010/75/EU Article 3 – paragraph 1 – point 23 c Amendment 99 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point e Directive 2010/75/EU Article 3 – paragraph 1 – point 23c source: 737.533
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