Next event: Draft final act 2024/04/24 more...
- Act adopted by Council after Parliament's 1st reading 2024/04/12
- 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
Progress: Awaiting signature of act
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 393 votes to 173, with 49 abstentions, a legislative resolution 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 European Parliament's position adopted at first reading under the ordinary legislative procedure amends the proposal as follows:
Subject matter and scope
The amending Directive concerns industrial and livestock rearing emissions . It is stated that the Directive lays down rules designed to prevent or, where that is not practicable, to continuously reduce emissions into air, water and land, to prevent the generation of waste , improve resource efficiency, and to promote the circular economy and decarbonisation , in order to achieve a high level of protection of human health and the environment taken as a whole.
The Industrial Emissions Directive will support industry in the Union in developing projects and facilitate sustainable and consensual growth of the mining activities in the Union.
Furthermore, installations fall within the scope of this Directive: (i) rearing of pigs representing 350 livestock unit or more; (ii) rearing of only laying hens representing 300 livestock unit or more, or rearing of only other poultry categories representing 280 livestock unit or more; (iii) rearing of any mix of pigs or poultry representing 380 livestock unit or more.
Transparency requirements linked to permits
Industrial-scale installations and operations should be operated in accordance with a permit issued by the national authorities, using Best Available Techniques (BAT) as the standard.
Member States should develop systems for the electronic permitting of installations and implement electronic permitting procedures by 31 December 2035.
Incidents and accidents
In the event of any incident or accident significantly affecting human health or the environment, Member States should take the necessary measures to ensure that the operator immediately takes the measures to limit the consequences for human health or the environment and to prevent further possible incidents or accidents. In the event of pollution affecting drinking water resources, including transboundary resources, or affecting waste water infrastructure in the case of indirect discharge, the competent authority should inform the drinking water and waste water operators affected of the measures taken to prevent damage being caused, or remedy the damage caused, by that pollution to human health and the environment.
Emission limit values, environmental performance limit values, equivalent parameters and technical measures
The amended text introduced the concept of environmental performance limit values (EPLVs), to be set by the competent authorities in the permit to authorise the establishment and operating of installations. EPLV ranges binding for all energy resources, except for water, for which competent authorities must set binding targets. EPLVs will be indicative for emerging techniques.
By way of derogation, and provided that no significant pollution is caused and all measures resulting in less pollution have been exhausted, the competent authority may set less strict emission limit values or environmental performance limit values in the event of a crisis due to extraordinary circumstances beyond the control of the operator and Member States, leading to a severe disruption or shortage of:
- energy supplies, provided that there is an overriding public interest in security of energy supply,
- resources, materials or equipment essential for the operator to perform activities of public interest, in compliance with the applicable emission limit values or environmental performance limit values, or
- essential resources, materials or equipment where the production output compensates for such shortage or disruption, for reasons of public health or public safety or for other imperative reasons of overriding public interest.
The derogation should not be granted for more than three months.
Competent authorities should be allowed to grant industrial operators sufficient time to implement deep industrial transformation requiring substantial investment via best available techniques or emerging techniques which involve a major change in design or technology, or to replace an existing installation.
Member States may, until 31 December 2029, exempt combustion plants that are part of a small isolated system on the date of entry into force of this directive from compliance with the emission limit values set out in the Directive for sulphur dioxide, nitrogen oxides and dust or, where applicable, with the rates of desulphurisation.
Special provisions for poultry and pigs
Member States should adopt measures to ensure that if two or more installations engaged in livestock rearing activities 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 competent authority may consider those installations to be a single unit for the purpose of calculating the capacity threshold.
Member States may apply a permitting procedure to the intensive rearing of poultry and pigs: (a) with more than 40 000 places for poultry, (b) with more than 2 000 places for production pigs over 30 kg, or (c) with more than 750 places for sows.
Exchange of information
The Commission should encourage participation in the forum for exchange of information by stakeholders and representatives of civil society including NGOs involved in promotion of the protection of human health or the environment. The Commission should ensure that the European Environment Agency participates in the exchange of information, where the exchange of information would benefit from the expertise of the Agency.
Penalties
Member States should establish effective, proportionate and dissuasive penalties applicable to infringements of national provisions adopted pursuant to this Directive. The penalties should include administrative financial penalties and for the most serious infringements committed by a legal person, the maximum amount of the administrative financial penalties should be at least 3% of the annual Union turnover of the operator in the financial year preceding the year in which the fine is imposed.
Under the new rules, Member States would also have to ensure that people are entitled to claim compensation where damage to their health has occurred as a result of a violation of the national rules transposing the directive.
Review
The Commission should assess, and report to the European Parliament and the Council on the need for Union action to comprehensively address the emissions from the rearing of livestock, in particular cattle, taking into account the range of instruments available and the specificities of the sector.
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
- Draft final act: 00087/2023/LEX
- 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
- Draft final act: 00087/2023/LEX
- Contribution: COM(2022)0156
Activities
- Seán KELLY
Plenary Speeches (0)
- Radan KANEV
Plenary Speeches (0)
Amendments | Dossier |
748 |
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
2022/12/09
ITRE
276 amendments...
Amendment 100 #
Proposal for a directive Article 1 – paragraph 1 – point 6 Directive 2010/75/EU Article 7 – paragraph 1– point (c) (c) the competent authority requires the operator to take any appropriate complementary measures that the competent authority considers necessary to put an end to or, where this is technically impossible, limit the environmental consequences and to prevent further possible incidents or accidents.
Amendment 101 #
Proposal for a directive Article 1 – paragraph 1 – point 6 (c) the competent authority requires the operator to take any appropriate complementary measures that the competent authority considers necessary to limit the environmental consequences and to prevent further possible
Amendment 102 #
Proposal for a directive Article 1 – paragraph 1 – point 6 Directive 2010/75/EU Article 7 – paragraph 2 In the event of any incident or accident significantly affecting human health or the environment in another Member State, the Member State in whose territory the accident or incident has occurred shall ensure that the competent authority of the other Member State is immediately informed. Transboundary and multidisciplinary cooperation between the affected Member States shall aim at limiting the consequences on the environment and human health and to prevent further possible incidents or accidents and to facilitate, inasmuch as possible, the remedying of any damage caused, or failing that, financial compensation for same.
Amendment 103 #
Proposal for a directive Article 1 – paragraph 1 – point 6 Directive 2010/75/EU Article 7 – paragraph 2 In the event of any
Amendment 104 #
Proposal for a directive Article 1 – paragraph 1 – point 6 Directive 2010/75/EU Article 8 – paragraph 2, after letter (c) Where the breach of the permit conditions poses an immediate danger to human
Amendment 105 #
Proposal for a directive Article 1 – paragraph 1 – point 6 a (new) Directive 2010/75/EU Article 9 – paragraph 1 Amendment 106 #
Proposal for a directive Article 1 – paragraph 1 – point 7 Directive 2010/75/EU Article 9 – paragraph 2 Amendment 107 #
Proposal for a directive Article 1 – paragraph 1 – point 7 Directive 2010/75/EU Article 9 – paragraph 2 Amendment 108 #
Proposal for a directive Article 1 – paragraph 1 – point 7 Directive 2010/75/EU Article 9 – paragraph 2 Amendment 109 #
Proposal for a directive Article 1 – paragraph 1 – point 7 Directive 2010/75/EU Article 9 – paragraph 2 Amendment 110 #
Proposal for a directive Article 1 – paragraph 1 – point 8 Directive 2010/75/EU Article 1 – paragraph 1 – points (f a) (new) – (f b) (new) – (f c) (new) Amendment 111 #
Proposal for a directive Article 1 – paragraph 1 – point 8 Directive 2010/75/EU Article 11 – paragraph 1 – point (f a) (new) Amendment 112 #
Proposal for a directive Article 1 – paragraph 1 – point 8 Directive 2010/75/EU Article 11 – paragraph 1 – point (f b) (new) Amendment 113 #
Proposal for a directive Article 1 – paragraph 1 – point 8 a (new) Directive 2010/75/EU Article 11 – paragraph 1 – point (i) (new) 8a. In Article 11, the following point (i) is inserted: ‘(i) the necessary terrorist- risk prevention and response measures that may cause emissions shall be taken into account.’
Amendment 114 #
Proposal for a directive Article 1 – paragraph 1 – point 8 b (new) Directive 2010/75/EU Article 12 – paragraph 1 – point (l) (new) 8b. In Article 12, after paragraph 1, insert a new point reading: ‘l. measures taken to prevent and respond to the risk of incidents, accidents and terrorist risks that may cause emissions.’
Amendment 115 #
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 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 116 #
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 concerned, non-governmental organisations promoting environmental protection, the European Chemicals Agency and the Commission. The European Chemicals Agency will act as an observer of the process only providing scientific technical input for updating documents and will not have a role in the decision making process’.
Amendment 117 #
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 concerned,
Amendment 118 #
Proposal for a directive Article 1 – paragraph 1 – point 9 – point a Directive 2010/75/EU 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 119 #
Proposal for a directive Article 1 – paragraph 1 – point 9 – point b Directive 2010/75/EU 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
Amendment 120 #
Proposal for a directive Article 1 – paragraph 1 – point 9 – point b Directive 2010/75/EU 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
Amendment 121 #
Proposal for a directive Article 1 – paragraph 1 – point 9 – point b Directive 2010/75/EU 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
Amendment 122 #
Proposal for a directive Article 1 – paragraph 1 – point 10 – point a – point ii Directive 2010/75/EU Article 14 – paragraph 1 – subparagraph 2 – point (a) Amendment 123 #
Proposal for a directive Article 1 – paragraph 1 – point 10 – point a – point ii Directive 2010/75/EU Article 14 – paragraph 1 – subparagraph 2 – point (a) Amendment 124 #
Proposal for a directive Article 1 – paragraph 1 – point 10 – point a – point iii Directive 2010/75/EU Article 14 – paragraph 1 – subparagraph 2 – point (a a) Amendment 125 #
Amendment 126 #
Proposal for a directive Article 1 – paragraph 1 – point 10 – point a – point iii Directive 2010/75/EU 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 127 #
Proposal for a directive Article 1 – paragraph 1 – point 10 – point a – point iii a (new) Directive 2010/75/EU Article 14 – paragraph 1 – subparagraph 2 – point (aaa) (new) (iiia) environmental policy objectives
Amendment 128 #
Proposal for a directive Article 1 – paragraph 1 – point 10 – point a – point iv Directive 2010/75/EU Article 14 – paragraph 1 – subparagraph 2 – point (b) (b) appropriate requirements ensuring protection of the soil, groundwater and surface waters, and measures concerning the monitoring and management of waste generated by the installation;’;
Amendment 129 #
Proposal for a directive Article 1 – paragraph 1 – point 10 – point a – point v Directive 2010/75/EU Article 14 – paragraph 1 – subparagraph 2 – point (bb) (new) Amendment 130 #
Proposal for a directive Article 1 – paragraph 1 – point 10 – point a – point v Directive 2010/75/EU Article 14 – paragraph 1 – subparagraph 2 – point (b b) (new) Amendment 131 #
Proposal for a directive Article 1 – paragraph 1 – point 10 – point a – point vi Directive 2010/75/EU Article 14 – paragraph 1 – subparagraph 2 – point (b c) (new) Amendment 132 #
Proposal for a directive Article 1 – paragraph 1 – point 10 – point a – point vi Directive 2010/75/EU Article 14 – paragraph 1 – subparagraph 2 – point (b c) (new) Amendment 133 #
Proposal for a directive Article 1 – paragraph 1 – point 10 – point a – point vi Directive 2010/75/EU 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
Amendment 134 #
Proposal for a directive 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) - (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 Article 1 – paragraph 1 – point 10 – point a – point vii Directive 2010/75/EU Article 14 – paragraph 1 – subparagraph 2 – point (d) – subpoint (iii) (new) Amendment 136 #
Proposal for a directive Article 1 – paragraph 1 – point 10 – point a – point viii a (new) Directive 2010/75/EU Article 14 – paragraph 1 – subparagraph 2 – point (i) (new) (viiia) The following point (i) is added: ‘(i) Procedures to prevent and respond to the risk of incidents, accidents and terrorist risks that may cause emissions.’
Amendment 137 #
Proposal for a directive Article 1 – paragraph 1 – point 11 Directive 2010/75/EU Article 14 a (new) Amendment 138 #
Proposal for a directive Article 1 – paragraph 1 – point 11 Directive 2010/75/EU Article 14 a (new) Amendment 139 #
Proposal for a directive Article 1 – paragraph 1 – point 11 Directive 2010/75/EU Article 14 a – paragraph 1 Member States shall require
Amendment 140 #
Proposal for a directive Article 1 – paragraph 1 – point 11 Directive 2010/75/EU Article 14 a – paragraph 1 Member States shall require the operator to prepare and implement
Amendment 141 #
Proposal for a directive Article 1 – paragraph 1 – point 11 Directive 2010/75/EU Article 14 a – paragraph 2(a) – subparagraph (i a) (new) (ia) improve energy efficiency
Amendment 142 #
Proposal for a directive Article 1 – paragraph 1 – point 11 Directive 2010/75/EU Article 14 a – paragraph 2(a) – subparagraph (i b) (new) (ib) optimise water use
Amendment 143 #
Proposal for a directive Article 1 – paragraph 1 – point 11 Directive 2010/75/EU Article 14 a – paragraph 2 (c) (c)
Amendment 144 #
Proposal for a directive Article 1 – paragraph 1 – point 11 Directive 2010/75/EU Article 14 a – paragraph 2 – point d Amendment 145 #
Proposal for a directive Article 1 – paragraph 1 – point 11 Directive 2010/75/EU Article 14 a – paragraph 2 – point f (f) a transformation plan at company level as referred to in Article 27d.
Amendment 146 #
Proposal for a directive Article 1 – paragraph 1 – point 11 Directive 2010/75/EU Article 14 a – paragraph 3 Amendment 147 #
Proposal for a directive Article 1 – paragraph 1 – point 11 Directive 2010/75/EU Article 14 a – paragraph 3 3. The EMS of a
Amendment 148 #
Proposal for a directive Article 1 – paragraph 1 – point 12 Directive 2010/75/EU Article 15 – paragraph 1 – after point (d) The competent authority shall set out
Amendment 149 #
Proposal for a directive Article 1 – paragraph 1 – point 12 Directive 2010/75/EU Article 15 – paragraph 3 Amendment 150 #
Proposal for a directive Article 1 – paragraph 1 – point 12 Directive 2010/75/EU Article 15 – paragraph 3 – introductory part Amendment 151 #
Proposal for a directive Article 1 – paragraph 1 – point 12 Directive 2010/75/EU Article 15 – paragraph 3 – introductory part Amendment 152 #
Proposal for a directive Article 1 – paragraph 1 – point 12 Directive 2010/75/EU 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 BAT 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
Amendment 153 #
Proposal for a directive Article 1 – paragraph 1 – point 12 Directive 2010/75/EU 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
Amendment 154 #
Proposal for a directive Article 1 – paragraph 1 – point 12 Directive 2010/75/EU 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
Amendment 155 #
Proposal for a directive Article 1 – paragraph 1 – point 12 Directive 2010/75/EU The competent authority shall set the strictest
Amendment 156 #
Proposal for a directive Article 1 – paragraph 1 – point 12 Directive 2010/75/EU Article 15 – paragraph 3 – introductory part The competent authority shall set the
Amendment 157 #
Proposal for a directive Article 1 – paragraph 1 – point 12 Directive 2010/75/EU Article 15 – paragraph 3 – introductory part The competent authority shall set
Amendment 158 #
Proposal for a directive Article 1 – paragraph 1 – point 12 Directive 2010/75/EU 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 BAT in the installation, and that ensure that, under normal operating conditions, emissions do not exceed the emission levels associated with the best available techniques
Amendment 159 #
Proposal for a directive Article 1 – paragraph 1 – point 12 Directive 2010/75/EU Article 15 – paragraph 3 – 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 most effective best available techniques; or
Amendment 160 #
Proposal for a directive Article 1 – paragraph 1 – point 12 Directive 2010/75/EU Article 15 – paragraph 3 a Amendment 161 #
Proposal for a directive Article 1 – paragraph 1 – point 12 Directive 2010/75/EU Article 15 – paragraph 3 a Amendment 162 #
Proposal for a directive Article 1 – paragraph 1 – point 12 Directive 2010/75/EU Article 15 – paragraph 3 a Amendment 163 #
Proposal for a directive Article 1 – paragraph 1 – point 12 Directive 2010/75/EU Article 15 – paragraph 3 a 3a. The competent authority shall set the strictest environmental performance limit values that are consistent with the best performance achievable by applying the most effective BAT in the installation, and that ensure that, under normal operating conditions, such performance limits values do not exceed the environmental performance levels associated with BATs as laid down in the decisions on BAT conclusions referred to in Article 13(5).
Amendment 164 #
Proposal for a directive Article 1 – paragraph 1 – point 12 Directive 2010/75/EU Article 15 – paragraph 3 a 3a. The competent authority shall set the strictest possible environmental performance
Amendment 165 #
Proposal for a directive Article 1 – paragraph 1 – point 12 Directive 2010/75/EU Article 15 – paragraph 3 a 3a. The competent authority shall set indicative environmental performance limit values that ensure that, under normal operating conditions, such performance limits values do not exceed the environmental performance levels associated with BATs as laid down in the decisions on BAT conclusions referred to in Article 13(5).
Amendment 166 #
Proposal for a directive Article 1 – paragraph 1 – point 12 Directive 2010/75/EU Article 15 – paragraph 3 a 3a. The competent authority shall set indicative environmental performance l
Amendment 167 #
Proposal for a directive Article 1 – paragraph 1 – point 12 Directive 2010/75/EU Article 15 – paragraph 3 a 3a. The competent authority shall set environmental performance limit
Amendment 168 #
Proposal for a directive Article 1 – paragraph 1 – point 12 Directive 2010/75/EU Article 15 – paragraph 3 b (new) 3aa. By way of derogation from paragraph 3 the competent authority shall set emission limit values for existing installations that ensure that, under normal operating conditions, emissions do not exceed the emission levels associated with the best available techniques as laid down in the decisions on BAT conclusions referred to in Article 13(5) through either of the following: (a) setting emission limit values that do not exceed the emission levels associated with the best available techniques. Those emission limit values shall be expressed for the same or shorter periods of time and under the same reference conditions as those emission levels associated with the best available techniques; or (b) setting different emission limit values than those referred to under point (a) in terms of values, periods of time and reference conditions. Where point (b) is applied, the competent authority shall, at least annually, assess the results of emission monitoring in order to ensure that emissions under normal operating conditions have not exceeded the emission levels associated with the best available techniques.
Amendment 169 #
Proposal for a directive Article 1 – paragraph 1 – point 12 Directive 2010/75/EU Article 15 – paragraph 4 – point (c) (new) (ba) an agreed closure plan in line with the deadlines set out in Member States’ national climate and energy plans or in companies’ plans; or
Amendment 170 #
Proposal for a directive Article 1 – paragraph 1 – point 12 Directive 2010/75/EU Article 15 – paragraph 4 – point (d) (new) (ba) investment cycle related to the sustainability transition of the operator’s group
Amendment 171 #
Proposal for a directive Article 1 – paragraph 1 – point 12 Directive 2010/75/EU Article 15 – paragraph 4 – point (d) (new) (bb) the investment cycle related to the sustainability transition of the operator’s group.
Amendment 172 #
Proposal for a directive Article 1 – paragraph 1 – point 12 5. “By way of derogation from paragraph 3, in cases where an installation faces a sudden interruption in the supply of raw materials or fuels or a disruption of abatement technique’s elements, establish less strict emission limit values, for a maximum of 3 months, which may be extended when the extraordinary circumstances persist, subject to a simplified assessment justifying the reasons and period for this temporary adjustment. Member States shall inform the Commission of any derogation granted under these circumstances. As soon as the supply conditions are restored then the derogation will no longer be valid. However, if the same circumstances keep prevailing, the adjustment of the emission limit values may be prolonged for another period of 6 months”
Amendment 173 #
Proposal for a directive Article 1 – paragraph 1 – point 12 Directive 2010/75/EU Article 15 – paragraph 4 – points (c) (new) and (d) (new) (c) an agreed closure plan in line with the deadlines set out in Member States ’national climate and energy plans or in companies’ plans; or (d) the investment cycle related to the sustainability transition of the operator’s group.
Amendment 174 #
Proposal for a directive Article 1 – paragraph 1 – point 12 Directive 2010/75/EU Article 15 – paragraph 4 – point (d) (new) (c) investment cycles related to the sustainability transition of the operator’s group.
Amendment 175 #
Proposal for a directive Article 1 – paragraph 1 – point 12 Directive 2010/75/EU Article 15 – paragraph 4 – third subparagraph after point (b) Derogations referred to in this paragraph shall respect the principles set out in Annex II. The competent authority shall in any
Amendment 176 #
Proposal for a directive Article 1 – paragraph 1 – point 12 Directive 2010/75/EU Article 15 – paragraph 6 (new) Without prejudice to Article 16 and Article 30 paragraph 5 and paragraph 6, the competent authority may set less strict emission limit values where an assessment shows that the emission levels associated with the best available techniques as described in BAT conclusions would not be achievable due to insufficient fuel quality resulting from persistent interruptions in the fuel supply. The competent authority shall ensure that the time of the derogation granted on the basis of this paragraph would be limited only to the time necessary to overcome fuel supply interruptions.
Amendment 177 #
Proposal for a directive Article 1 – paragraph 1 – point 12 Directive 2010/75/EU Article 15 – paragraph 4 – fourth subparagraph after point (b) Amendment 178 #
Proposal for a directive Article 1 – paragraph 1 – point 12 Directive 2010/75/EU Article 15 – paragraph 4 – fifth subparagraph after point (b) Amendment 179 #
Proposal for a directive Article 1 – paragraph 1 – point 12 Directive 2010/75/EU Article 15 – paragraph 4 – fifth subparagraph after point (b) The Commission shall adopt an implementing act, to establish a standardised methodology for assessing the disproportionality between the costs of implementation of the BAT conclusions and the potential environmental benefits referred to in the first subparagraph and considering the investment cycle related to the sustainability transition of the operator’s group. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 75(2).
Amendment 180 #
4a. By way of derogation from paragraph 3, in cases where an installation faces a sudden interruption in the supply of raw materials or fuels or a disruption of abatement technique’s elements, establish less strict emission limit values, for a maximum of 3 months, which may be extended when the extraordinary circumstances persist, subject to a simplified assessment justifying the reasons and period for this temporary adjustment. Member States shall inform the Commission of any derogation granted under these circumstances. As soon as the supply conditions are restored then the derogation will no longer be valid. However, if the same circumstances keep prevailing, the adjustment of the emission limit values may be prolonged for another period of 6 months.
Amendment 181 #
Proposal for a directive Article 1 – paragraph 1 – point 13 Directive 2010/75/EU Article 15 a (new) – paragraph 2 Amendment 182 #
Proposal for a directive Article 1 – paragraph 1 – point 13 Directive 2010/75 EU Article 15 a (new) – paragraph 2 Amendment 183 #
Proposal for a directive Article 1 – paragraph 1 – point 15 Directive 2010/75 EU Article 18 – first paragraph Amendment 184 #
Proposal for a directive Article 1 – paragraph 1 – point 15 Directive 2010/75/EU Article 18 – first paragraph Amendment 185 #
Proposal for a directive Article 1 – paragraph 1 – point 15 Directive 2010/75/EU Article 18 – second paragraph Amendment 186 #
Proposal for a directive Article 1 – paragraph 1 – point 15 a (new) Directive 2010/75/EU Article 21 – paragraph 3 a (new) (15a) In Article 21, a new paragraph 3a (new) is inserted: (3a) By way of derogation from paragraph 3 and within 8 years of publication of decision on BAT conclusions, the competent authority shall, in case undertakings implementing deep industrial transformation towards EU objectives on a clean, circular and climate neutral economy, exempt the operator to the reconsideration and updating the permit conditions for the activities concerned until the transformation is completed.
Amendment 187 #
Proposal for a directive Article 1 – paragraph 1 – point 15 a (new) Directive 2010/75/EU Article 21 – paragraph 3 a (new) (15a) 3a. By way of derogation from paragraph 3 and within 8 years of publication of Decision of BAT conclusions, the competent authority shall, in case undertakings implementing deep industrial transformation towards EU objectives on a clean, circular and climate neutral economy, exempt the operator to the reconsideration and updating the permit conditions for the activities concerned until the transformation is completed.
Amendment 188 #
Proposal for a directive Article 1 – paragraph 1 – point 15 a (new) Directive 2010/75/EU Article 21 – paragraph 3 a (new) (15a) 3a. In case undertakings are implementing deep industrial transformations towards EU objectives of a circular and climate neutral economy, the competent authority shall exempt the operator from the reconsideration and updating of permit conditions for the activities concerned until the transformation is completed.
Amendment 189 #
Proposal for a directive Article 1 – paragraph 1 – point 15 a (new) Directive 2010/75/EU Article 21 – paragraph 3 a (new) (15a) 3a. In case undertakings are implementing deep industrial transformations towards EU objectives of a circular and climate neutral economy, the competent authority shall exempt the operator from the reconsideration and updating of permit conditions for the activities concerned until the transformation is completed.
Amendment 190 #
Proposal for a directive Article 1 – paragraph 1 – point 16 Directive 2010/75/EU Article 21 – paragraph 5 – point (c) (c) where it is necessary to comply with an environmental quality standard referred to in Article 18, including in the case of a new or revised quality standard
Amendment 191 #
Proposal for a directive Article 1 – paragraph 1 – point 16 Directive 2010/75/EU Article 21 – paragraph 5 – point (c) (c) where it is necessary to comply with an environmental quality standard referred to in Article 18, including in the case of a new or revised quality standard or where the status of the receiving environment requires a revision of the permit
Amendment 192 #
(ca) Point (d) is inserted as follows: ‘where the security climate necessitates a change in the installation’s security rules or the prevention and response procedures in accordance with Article 14.’
Amendment 193 #
Proposal for a directive Article 1 – paragraph 1 – point 18 Directive 2010/75/EU Article 25 – paragraph 1 – after point (b) Standing in the review procedure
Amendment 194 #
Proposal for a directive Article 1 – paragraph 1 – point 18 Directive 2010/75/EU Article 25 – paragraph 1 a (new) Member States may decide not to apply the first subparagraph to investments started before the [date of entry into force of this Directive].
Amendment 195 #
Proposal for a directive Article 1 – paragraph 1 – point 19 Directive 2010/75/EU Article 26 – paragraph 1 1. Where a Member State is aware that the operation of an installation may have significant negative effects on the environment of or human health of the population in 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 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 196 #
Proposal for a directive Article 1 – paragraph 1 – point 21 Directive 2010/75/EU Article 27 – title Emerging and innovative techniques
Amendment 197 #
Proposal for a directive Article 1 – paragraph 1 – point 21 Directive 2010/75/EU 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 198 #
Proposal for a directive Article 1 – paragraph 1 – point 21 Directive 2010/75/EU Article 27 Member States shall
Amendment 199 #
Proposal for a directive Article 1 – paragraph 1 – point 22 Directive 2010/75/EU Article 27 d (new) Amendment 200 #
Proposal for a directive Article 1 – paragraph 1 – point 22 Directive 2010/75/EU Article 27 a (new) – paragraph 2 a (new) 2a. The centre shall develop guidance on transformation indicators that contribute to the emergence of a sustainable, clean, non-toxic, circular and climate-neutral economy respecting the planetary boundaries by 2050.
Amendment 201 #
Proposal for a directive Article 1 – paragraph 1 – point 22 Directive 2010/75/EU Article 27 a (new) – paragraph 3 – point (g) (g) non-governmental organisations promoting
Amendment 202 #
Proposal for a directive Article 1 – paragraph 1 – point 22 Directive 2010/75/EU Article 27 a (new) – paragraph 3, point (g a) (new) 3a. (ga) representatives of consumers' organisations.
Amendment 203 #
Proposal for a directive Article 1 – paragraph 1 – point 22 Directive 2010/75/EU Article 27 b (new) – title Testing of emerging and innovative techniques
Amendment 204 #
Proposal for a directive Article 1 – paragraph 1 – point 22 Directive 2010/75/EU Article 27 b (new) 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 and innovative techniques for a total period of time not exceeding
Amendment 205 #
Proposal for a directive Article 1 – paragraph 1 – point 22 Directive 2010/75/EU Article 27 b (new) 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
Amendment 206 #
Proposal for a directive Article 1 – paragraph 1 – point 22 Directive 2010/75/EU Article 27 c (new) Amendment 207 #
Proposal for a directive Article 1 – paragraph 1 – point 22 Directive 2010/75/EU Article 27 c (new) Amendment 208 #
Proposal for a directive Article 1 – paragraph 1 – point 22 Directive 2010/75/EU Article 27 c (new) Amendment 209 #
Proposal for a directive Article 1 – paragraph 1 – point 22 Directive 2010/75/EU Article 27 c (new) By way of derogation from Article 15(3) and (3a) and 21(3),
Amendment 21 #
Proposal for a directive Recital 1 Amendment 210 #
Proposal for a directive Article 1 – paragraph 1 – point 22 Directive 2010/75/EU Article 27 c (new) By way of derogation from Article 21(3), the competent authority may set indicative emission l
Amendment 211 #
Proposal for a directive Article 1 – paragraph 1 – point 22 Directive 2010/75/EU Article 27 d (new) Amendment 212 #
Proposal for a directive Article 1 – paragraph 1 – point 22 Directive 2010/75/EU Article 27 d (new) Amendment 213 #
Proposal for a directive Article 1 – paragraph 1 – point 22 Directive 2010/75/EU Article 27 d (new) Amendment 214 #
Proposal for a directive Article 1 – paragraph 1 – point 22 Directive 2010/75/EU Article 27 d (new) – title Transformation towards a clean, non-toxic, circular and climate neutral industry
Amendment 215 #
Proposal for a directive Article 1 – paragraph 1 – point 22 Directive 2010/75/EU Article 27 (new) – paragraph 1 Amendment 216 #
Proposal for a directive Article 1 – paragraph 1 – point 22 Directive 2010/75/EU Article 27d (new) – paragraph 1 – first part Amendment 217 #
Proposal for a directive Article 1 – paragraph 1 – point 22 Directive 2010/75/EU Article 27 d (new) – paragraph 1 – first part Member States shall require that by 30 June 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 points 1, 2, 3, 4, 6.1 a, and 6.1 b of Annex I. 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, using the format referred to in paragraph 4. The transformation plan shall include specific information on how the installation 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.
Amendment 218 #
Proposal for a directive Article 1 – paragraph 1 – point 22 Directive 2010/75/EU Article 27 d (new) – paragraph 1 – first part Member States
Amendment 219 #
Proposal for a directive Article 1 – paragraph 1 – point 22 Directive 2010/75/EU Article 27 d (new) – paragraph 1 – first part Member States shall require that by 30 June 203
Amendment 22 #
Proposal for a directive Recital 2 Amendment 220 #
Proposal for a directive Article 1 – paragraph 1 – point 22 Directive 2010/75/EU Article 27 d (new) – paragraph 1 – first part Member States shall require that by 30 June 20
Amendment 221 #
Proposal for a directive Article 1 – paragraph 1 – point 22 Directive 2010/75/EU Article 27 d (new) – paragraph 1 – first part Member States shall require that by 30
Amendment 222 #
Proposal for a directive Article 1 – paragraph 1 – point 22 Directive 2010/75/EU Article 27 d (new) – paragraph 1 – first part Member States shall require that by 30 June 2030 the operator includes in its environmental management system referred to in Article 14a a transformation plan for
Amendment 223 #
Proposal for a directive Article 1 – paragraph 1 – point 22 Directive 2010/75 EU Article 27 d (new) – paragraph 1 – first part Member States
Amendment 224 #
Proposal for a directive Article 1 – paragraph 1 – point 22 Directive 2010/75/EU Article 27 d (new) – paragraph 1 – second part Amendment 225 #
Proposal for a directive Article 1 – paragraph 1 – point 22 Directive 2010/75/EU Article 27 d (new) – paragraph 1 – second part Amendment 226 #
Amendment 227 #
Proposal for a directive Article 1 – paragraph 1 – point 22 Directive 2010/75/EU Article 27 d (new) – paragraph 1 – second part Member States shall take the necessary measures to ensure that by 31 December 203
Amendment 228 #
Proposal for a directive Article 1 – paragraph 1 – point 22 Directive 2010/75/EU Article 27 d (new) – paragraph 1 – second part Member States shall take the necessary measures to ensure that by 31 December 20
Amendment 229 #
Proposal for a directive Article 1 – paragraph 1 – point 22 Directive 2010/75/EU Article 27 d (new) – paragraph 2 Amendment 23 #
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, water 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 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 pollution from certain agro- industrial activities thus requires their inclusion within the scope of that Directive. _________________ 69 Directive 2010/75/EU of the European
Amendment 230 #
Proposal for a directive Article 1 – paragraph 1 – point 22 Directive 2010/75/EU Article 27 d (new) – paragraph 2 – first part Amendment 231 #
Proposal for a directive Article 1 – paragraph 1 – point 22 Directive 2010/75/EU Article 27 d (new) – paragraph 2 – first part Amendment 232 #
Proposal for a directive Article 1 – paragraph 1 – point 22 Directive 2010/75/EU Article 27 d (new) – paragraph 2 – first part 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, using the format referred to in paragraph 4. The transformation plan shall include specific information on how the installation 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.
Amendment 233 #
Proposal for a directive Article 1 – paragraph 1 – point 22 Directive 2010/75/EU Article 27 d (new) – paragraph 2 – first part 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
Amendment 234 #
Proposal for a directive Article 1 – paragraph 1 – point 22 Directive 2010/75/EU Article 27 d (new) – paragraph 2 – first part Member States shall require that,
Amendment 235 #
Proposal for a directive Article 1 – paragraph 1 – point 22 Directive 2010/75/EU Article 27 d (new) – paragraph 2 – first part 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 203
Amendment 236 #
Proposal for a directive Article 1 – paragraph 1 – point 22 Directive 2010/75/EU Article 27 d (new) – paragraph 2 – first part 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
Amendment 237 #
Proposal for a directive Article 1 – paragraph 1 – point 22 Directive 2010/75/EU Article 27 d (new) – paragraph 2 – first part Member States shall require that, as part of the
Amendment 238 #
Proposal for a directive Article 1 – paragraph 1 – point 22 Directive 2010/75/EU Article 27 d (new) – paragraph 2 – second part Amendment 239 #
Proposal for a directive Article 1 – paragraph 1 – point 22 Directive 2010/75/EU Article 27 d (new) – paragraph 2 – second part Amendment 24 #
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. 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
Amendment 240 #
Proposal for a directive Article 1 – paragraph 1 – point 22 Directive 2010/75/EU Article 27 d (new) – paragraph 2 – second part Amendment 241 #
Proposal for a directive Article 1 – paragraph 1 – point 22 Directive 2010/75/EU Article 27 d (new) – paragraph 2 – second part Amendment 242 #
Proposal for a directive Article 1 – paragraph 1 – point 22 Directive 2010/75/EU Article 27 d (new) – paragraph 2 a (new) 2a. Transformation plans shall include clear objectives, planned measures and a concrete timeline at least for each of these transformation indicators, taking into account the guidance developed in accordance with Article 27a (2b), where available: (a) climate neutrality, including a greenhouse gases emissions reduction pathway; (b) zero pollution, including measures planned regarding the phase out and substitution of substances of concern; (c) circularity, including a planned trajectory of the evolution of water, energy and virgin and secondary materials consumption; (d) ecosystem restoration; (e) local and sustainable economic development, including an estimate of the needs to re- and upskill the workforce; For each indicator intermediary targets at least for 2030, 2035 and 2040 shall be established.
Amendment 243 #
Proposal for a directive Article 1 – paragraph 1 – point 22 Directive 2010/75/EU Article 27 d (new) – paragraph 2 b (new) 2b. The operator shall annually assess the progress made towards intermediate targets and update its transformation plan every five years at the latest.
Amendment 244 #
Proposal for a directive Article 1 – paragraph 1 – point 22 Directive 2010/75/EU Article 27 d (new) – paragraph 3 Amendment 245 #
Proposal for a directive Article 1 – paragraph 1 – point 22 Directive 2010/75/EU Article 27 d (new) – paragraph 3 3. The operator shall make its transformation plan as well as the results of the assessment referred to in paragraphs 1
Amendment 246 #
Proposal for a directive Article 1 – paragraph 1 – point 22 Directive 2010/75/EU Article 27 d (new) – paragraph 3 3. The operator shall make its transformation plan
Amendment 247 #
Proposal for a directive Article 1 – paragraph 1 – point 22 Directive 2010/75/EU Article 27 d (new) – paragraph 3 3. The operator shall make its transformation plan, its updates as well as the results of the assessment referred to in paragraphs 1, 2 and 2b public, as part of the publication of its environmental management system.
Amendment 248 #
Proposal for a directive Article 1 – paragraph 1 – point 22 Directive 2010/75/EU Article 27 d (new) – paragraph 3 3. The
Amendment 249 #
Proposal for a directive Article 1 – paragraph 1 – point 22 Directive 2010/75/EU Article 27 d (new) – paragraph 3 a (new) 3a. Member States shall ensure that the competent authorities perform adequate checks of transformation plans, taking into account sectors and operators with the highest potential for transformation. Where competent authority finds the transformation plan inadequate to achieve the objectives of this Directive, the operator shall be required to adopt an updated plan within three months.
Amendment 25 #
Proposal for a directive Recital 4 Amendment 250 #
Proposal for a directive Article 1 – paragraph 1 – point 22 Directive 2010/75/EU Article 27 d (new) – paragraph 4 Amendment 251 #
Proposal for a directive Article 1 – paragraph 1 – point 22 Directive 2010/75/EU Article 27 d (new) – paragraph 4 Amendment 252 #
Proposal for a directive Article 1 – paragraph 1 – point 22 Directive 2010/75/EU Article 27 d (new) – paragraph 4 4. The Commission shall by 30 June 2028, adopt an implementing act establishing the format for the reporting of the elements included in the transformation plans. This implementing act shall be adopted in accordance with the examination procedure referred to in Article 75(2)..
Amendment 253 #
Proposal for a directive Article 1 – paragraph 1 – point 22 Directive 2010/75/EU Article 27 d (new) – paragraph 4 4. The Commission shall by 3
Amendment 254 #
Proposal for a directive Article 1 – paragraph 1 – point 22 Directive 2010/75/EU Article 27 d (new) – paragraph 5 (new) 4a. Furthermore, the Commission can, no later than two years before the first review of the transformation plan, adopt an implementing act establishing additional elements to be added in the transformation plans, as well as a description of the format for their reporting. This implementing act shall be adopted in accordance with the examination procedure referred to in Article75(2).
Amendment 255 #
Proposal for a directive Article 1 – paragraph 1 – point 22 Directive 2010/75/EU Article 27 d (new) – paragraph 6 (new) 4b. Member States shall require the operator to assess the benefits of leveraging digital tools in order to improve the environmental performance of its installation.
Amendment 256 #
Proposal for a directive Article 1 – paragraph 1 – point 24 Directive 2010/75/EU After Article 70 – new heading Amendment 257 #
Proposal for a directive Article 1 – paragraph 1 – point 24 Directive 2010/75/EU After Article 70 – new heading SPECIAL PROVISIONS FOR REARING POULTRY
Amendment 258 #
Proposal for a directive Article 1 – paragraph 1 – point 25 Directive 2010/75/EU New articles 70a to 70i, after the new heading "CHAPTER VIa" Amendment 259 #
Proposal for a directive Article 1 – paragraph 1 – point 25 Directive 2010/75/EU Article 70 b (new) Amendment 26 #
Proposal for a directive Recital 4 (4) Rearing of pigs, poultry and cattle
Amendment 260 #
Proposal for a directive Article 1 – paragraph 1 – point 25 Directive 2010/75/EU Article 70 i (new) – paragraph 2 2. The Commission shall draft, taking into account the opinions of the Member States by [OP please insert date = the first day of the month following 24 months after the date of entry into force of this Directive] a
Amendment 261 #
Proposal for a directive Article 1 – paragraph 1 – point 27 Directive 2010/75/EU Article 74 Amendment 262 #
Proposal for a directive Article 1 – paragraph 1 – point 27 Directive 2010/75/EU Article 74 – paragraph 2 Amendment 263 #
Proposal for a directive Article 1 – paragraph 1 – point 27 Directive 2010/75/EU Article 74 – paragraph 2 Amendment 264 #
Proposal for a directive Article 1 – paragraph 1 – point 27 Directive 2010/75/EU Article 74 – paragraph 3 Amendment 265 #
Proposal for a directive Article 1 – paragraph 1 – point 29 Directive 2010/75/EU Article 76 – paragraph 2 Amendment 266 #
Proposal for a directive Article 1 – paragraph 1 – point 29 Directive 2010/75/EU Article 76 – paragraph 3 3. The delegation of power referred to in Article
Amendment 267 #
Proposal for a directive Article 1 – paragraph 1 – point 31 Directive 2010/75/EU 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 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 maximum amount of such fines shall be
Amendment 268 #
Proposal for a directive Article 1 – paragraph 1 – point 32 Directive 2010/75/EU Article 79 a (new) – paragraph 2 Amendment 269 #
Proposal for a directive Article 1 – paragraph 1 – point 32 Directive 2010/75/EU Article 79 a (new) – paragraph 4 Amendment 27 #
Proposal for a directive Recital 5 Amendment 270 #
Proposal for a directive Article 1 – paragraph 1 – point 32 Directive 2010/75/EU Article 79 a (new) – paragraph 4 Amendment 271 #
Proposal for a directive Article 1 – paragraph 1 – point 32 Directive 2010/75/EU Article 79 a (new) – paragraph 4 Amendment 272 #
Proposal for a directive Article 1 – paragraph 1 – point 32 Directive 2010/75/EU Article 79 a (new) – paragraph 4 Amendment 273 #
Proposal for a directive Article 1 – paragraph 1 – point 32 Directive 2010/75/EU Article 79 a (new) – paragraph 4 Amendment 274 #
Proposal for a directive Article 1 – paragraph 1 – point 32 Directive 2010/75/EU Article 79 a (new) – 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
Amendment 275 #
Proposal for a directive Article 1 – paragraph 1 – point 32 Directive 2010/75/EU Article 79 a (new) – paragraph 6 (new) 5a. Where a Member State suffers environmental damage as a result of industrial emissions exceeding authorised limits and where these emissions are generated in another Member State, or where the health of all or part of the population of a Member State is affected by industrial emissions generated in another Member State, the Member State from which these emissions, in particular atmospheric emissions, originate shall facilitate, inasmuch as possible, the remedying of such damage;
Amendment 276 #
Proposal for a directive Article 1 – paragraph 1 – point 34 Directive 2010/75/EU Annex I a after Annex I Amendment 277 #
Article 3a Transitional provisions 1. In relation to installations carrying out activities referred to in Annex I, points 1.1, to 1.3, point 1.4 (except pyrolysis), point 2.1, point 2.2, point 2.3(a), point 2.3(b), point 2.3(c), points 2.4 to 2.6, points 3.1 to 3.5, points 4.1 to 4.6, point 5.1 to 5.6, point 5.3 (except anaerobic digestion), points 5.4 to 5.6, point 6.1, point 6.2 (except finishing of textile fibres), point 6.3, point 6.4, point 6.5 (except animal by products), point 6.7 which are in operation and hold a permit before [OP please insert the date = the first day of the month following 18 months after the date of entry into force of this Directive] or the operators of which have submitted a complete application for a permit before that date, provided that those installations are put into operation no later than [one year after the first day of the month following 18 months after the date of entry into force of this Directive], Member States shall apply the laws, regulations and administrative laws, regulations and administrative provisions adopted in accordance with Article 3(1) of the recast of Directive 2010/75/EU from [one year after the first day of the month following 18 months after the date of entry into force of this Directive]. 2. In relation to installations carrying out activities referred to in Annex I, point 1.4 for activities concerning pyrolysis, points 2.3(aa), point 2.3(ab), point 2.3 (bb), point 2.7, point 3.6, point 5.3 for activities concerning anaerobic digestion, point 6.2 for activities concerning finishing of textile fibres and point 6.5 for activities concerning animal by-products which are in operation before [OP please insert the date = the first day of the month following 18 months after the date of entry into force of this Directive], Member States shall apply the laws, regulations and administrative provisions adopted in accordance with this Directive from [two years after the first day of the month following 18 months after the date of entry into force of this Directive].
Amendment 278 #
Proposal for a directive Annex I – paragraph 1 – point b Directive 2010/75/EU Annex I – paragraph 2.3 – point (a a) (new) Amendment 279 #
Proposal for a directive Annex I – paragraph 1 – point b Directive 2010/75/EU Annex I – paragraph 2.3 – point (a a) (new) Amendment 28 #
Proposal for a directive Recital 6 (6) With a view to further strengthening public access to environmental information, it
Amendment 280 #
Proposal for a directive Annex I – paragraph 1 – point b Directive 2010/75/EU Annex I – paragraph 2.3 – point (a b) (new) Amendment 281 #
Proposal for a directive Annex I – paragraph 1 – point b Directive 2010/75/EU Annex I – paragraph 2.3 – point (a b) (new) Amendment 282 #
Proposal for a directive Annex I – paragraph 1 – point b Directive 2010/75/EU Annex I – paragraph 2.3 – point (b) (b) operation of smitheries with hammers the energy of which exceeds
Amendment 283 #
Proposal for a directive Annex I – paragraph 1 – point b Directive 2010/75/EU Annex I – paragraph 2.3 – point (b a) (new) Amendment 284 #
Proposal for a directive Annex I – paragraph 1 – point c Directive 2010/75/EU Annex I – paragraph 2.7 (new) Amendment 285 #
Proposal for a directive Annex I – paragraph 1 – point c Directive 2010/75/EU Annex I – paragraph 2.7 (new) 2.7. Manufacture of lithium-ion
Amendment 286 #
Proposal for a directive Annex I – paragraph 1 – point d 3.5. Manufacture of ceramic products by firing, in particular roofing tiles, bricks, refractory bricks, tiles, stoneware or porcelain with
Amendment 287 #
Proposal for a directive Annex I – paragraph 1 – point d Directive 2010/75 EU Annex I – paragraph 3.1 – point a Amendment 288 #
Proposal for a directive Annex I – paragraph 1 – point d Directive 2010/75/EU Annex I – paragraph 3.1 – point a (a) a production capacity exceeding 75 tonnes per day; and/or
Amendment 289 #
Proposal for a directive Annex I – paragraph 1 – point d Directive 2010/75 EU Annex I – paragraph 3.1 – point b Amendment 29 #
Proposal for a directive Recital 9 Amendment 290 #
Proposal for a directive Annex I – paragraph 1 – point e Directive 2010/75/EU Annex I – paragraph 3.6 (new) Amendment 291 #
Proposal for a directive Annex I – paragraph 1 – point e Directive 2010/75/EU Annex I – paragraph 3.6 (new) Amendment 292 #
Proposal for a directive Annex I – paragraph 1 – point h Directive 2010/75/EU Annex I – paragraph 6.2 6.2. Pre-treatment (operations such as washing, bleaching, mercerisation), dyeing or dyeing with integrated finishing of textile fibres or textiles where the treatment capacity exceeds 10 tonnes per day.;
Amendment 293 #
Proposal for a directive Annex I – paragraph 1 – point i Directive 2010/75/EU Annex I – paragraph 6.5 6.5. Disposal or recycling of animal carcases or animal by-products of Category 1 within the meaning of Article 8 or Category 2 within the meaning of Article 9 of Regulation (EC) No. 1069/2009, with the exception of liquid manure, guano, stomach and intestinal contents, milk, milk products, colostrum, eggs and egg products with a treatment capacity exceeding 10 tonnes per day..
Amendment 294 #
Proposal for a directive Annex II Directive 2010/75/EU Annex I a (new) Amendment 295 #
Proposal for a directive Annex III a (new) Directive 2010/75/EU Annex I – paragraph 4.2 – point a In Annex I, Point 4.2, Point (a) is replaced as follows: "(a) gases, such as ammonia, chlorine or hydrogen chloride, fluorine or hydrogen fluoride, carbon oxides, sulphur compounds, nitrogen oxides, hydrogen, except hydrogen from plants using water electrolysis technologies, sulphur dioxide, carbonyl chloride;
Amendment 30 #
Proposal for a directive 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 31 #
Proposal for a directive 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 submit those installations to energy efficiency requirements in respect of combustion units or other units emitting carbon dioxide o
Amendment 32 #
Proposal for a directive Recital 9 a (new) (9a) With a view to better taking account of the terrorist and security risks affecting the installations covered by Directive 2010/75/EU and which may have serious consequences for human health and the environment, the prevention and response measures implemented by the operators of such installations need to be strengthened and the competent authorities needed to be entrusted with meaningful powers of oversight.
Amendment 33 #
Proposal for a directive 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 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.
Amendment 34 #
Proposal for a directive 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 consideration 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 use of water, energy and recycled materials, based on the environmental performance levels associated with the best available techniques (BAT AEPLs) set out in decisions on BAT conclusions. Where those environmental performance levels are expressed in a range of values, competent authorities should 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;
Amendment 35 #
Proposal for a directive 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 consideration the ‘Energy Efficiency First’ as a guiding principle of the Union energy policy. Therefore, the permits should establish, where possible,
Amendment 36 #
Proposal for a directive Recital 16 (16) The contribution of Directive 2010/75/EU to resource and energy
Amendment 37 #
Proposal for a directive 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 consideration the ‘Energy Efficiency First’ as a guiding principle of the Union energy policy. Therefore, the permits should establish, where possible,
Amendment 38 #
Proposal for a directive 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,
Amendment 39 #
Proposal for a directive Recital 16 a (new) (16a) Considering the recurrent drought and flood in Europe with a direct impact on water availability for the European industry which is the largest water consumer in Europe (EEA, 2018), industrial stakeholders must carefully consider quantitatively and qualitatively water risks both on and by their activities. Therefore, the European industry must be mobilised to achieve the so-called “Water- Smart Society” in line with the Green Deal and its international commitments to provide a coherent water strategy. Recognising and realising the Value of Water to ensure water security, safety, and sustainability, it means that all available water sources are managed in such a way that water scarcity and pollution is avoided; water and resource loops are largely closed to foster a circular economy and resource efficiency while the water system is resilient against droughts, floods and climate change; its planned and digitalised management ensures prediction and agility to perform under stress as well as uncertainties, and all relevant stakeholders are involved in water governance.
Amendment 40 #
Proposal for a directive 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 be better framed through general principles, in order to ensure a more harmonized implementation of such derogations throughout the Union.
Amendment 41 #
Proposal for a directive 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, relevant to activities within the scope of that Directive and to characterise their level of development from research to deployment (technology readiness level or ‘TRL’) and their environmental performance. This
Amendment 42 #
Proposal for a directive 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 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 2030. 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.
Amendment 43 #
Proposal for a directive 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 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 2030. 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
Amendment 44 #
Proposal for a directive 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 transformation plans in their environmental management systems. Such transformation plans will also complement
Amendment 45 #
(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 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 at company level by 30 June 2030. 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 at company level 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. _________________ 75 Directive 2013/34/EU of the European
Amendment 46 #
Proposal for a directive Recital 29 Amendment 47 #
Proposal for a directive Recital 35 Amendment 48 #
Proposal for a directive Recital 36 (36) When setting emission limit values for polluting substances, the competent authority should consider all substances,
Amendment 49 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 2010/75/EU Article 1 – second paragraph It also lays down rules designed to prevent or, where that is not practicable, to 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 in order to reduce the use of water, energy, and raw materials.
Amendment 50 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 2010/75/EU Article 1 – paragraph 2 It also lays down rules designed to prevent or, where that is not practicable, to 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. Moreover, it lays down rules to improve resource efficiency in order to reduce the use of energy, water and raw materials.
Amendment 51 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point a Directive 2010/75/EU Article 3 – paragraph 1 – point (3) (3) ‘installation’ means a stationary technical unit within which one or more activities listed in Annex I, in Annex Ia or in Part 1 of Annex VII are carried out, and any other directly associated activities on the same site which have a technical connection with the activities listed in those Annexes and which could have an effect on emissions
Amendment 52 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point a Directive 2010/75/EU Article 3 – paragraph 1 – point (3) (3) ‘installation’ means a stationary technical unit within which one or more activities listed in Annex I, in Annex Ia or in Part 1 of Annex VII are carried out, and any other directly associated activities on the same site which have a technical connection with the activities listed in those Annexes and which could have an effect on emissions
Amendment 53 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point a Directive 2010/75/EU Article 3 – paragraph 1 – point (3) (3) ‘installation’ means a stationary technical unit within which one or more activities listed in Annex I, in Annex Ia or in Part 1 of Annex VII are carried out, and any other directly associated activities on the same site which have a technical connection with the activities listed in those Annexes and which could have an effect on emissions
Amendment 54 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point a Directive 2010/75/EU Article 3 – paragraph 1 – point (3 a) new (3a) ‘existing installation’ means an installation first permitted before the [date of entry into force of this Directive]
Amendment 55 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point b Directive 2010/75/EU Article 3 – 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 emission levels associated with the best available techniques, the environmental performance levels associated with the best available techniques, the minimum content of an environmental management system including benchmarks associated with the best available techniques, associated monitoring, associated consumption levels of water, energy, and raw materials and, where appropriate, relevant site remediation measures;;
Amendment 56 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point b Directive 2010/75/EU Article 3 – 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 emission levels associated with the best available techniques, the environmental performance levels associated with the best available techniques, the minimum content of an environmental management system including benchmarks associated with the best available techniques, associated monitoring, associated consumption levels of water, energy and raw materials and, where appropriate, relevant site remediation measures;
Amendment 57 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point c Directive 2010/75/EU 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;
Amendment 58 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point c Directive 2010/75/EU 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, which shall include consumption, efficiency, and reuse level of water, energy, raw materials as well as waste levels, except emission levels, obtained under normal operating conditions using a BAT or a combination of BATs;.
Amendment 59 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point c Directive 2010/75/EU Article 3 – paragraph 1 – point (14 a) (new) (13aa) Innovative techniques 'Techniques, including emerging techniques, that 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.
Amendment 60 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point c a (new) Directive 2010/75/EU Article 3 – paragraph 1 – point (14 a) (new) (ca) 'Innovative techniques' are techniques relevant to activities within the scope of that Directive, their level of development from research to deployment (technology readiness level or ‘TRL’) and their environmental performance. Innovative techniques 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 61 #
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 or of permit conditions;
Amendment 62 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point e Directive 2010/75/EU Article 3 – paragraph 1 – points (23 a) (new) – (23 b) (new) and (23 c) (new) Amendment 63 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point e Directive 2010/75/EU Article 3 – paragraph 1 – point (23 b) (new) Amendment 64 #
Amendment 65 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point f Directive 2010/75/EU Article 3 – paragraph 1 – point (51) (new) (51) ‘environmental performance levels associated with emerging techniques’ means the range of environmental performance levels, which shall include consumption, efficiency, and reuse level of water, energy, raw materials as well as waste levels, except emission levels, obtained under normal operating conditions using an emerging technique or a combination of emerging techniques;
Amendment 66 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point f Directive 2010/75/EU Article 3 – paragraph 1 – point (51) (new) (51) ‘environmental performance levels associated with emerging techniques’ means the range of environmental performance levels, including consumption and reuse levels of water, energy and raw materials as well as waste levels except emission levels, obtained under normal operating conditions using an emerging technique or a combination of emerging techniques;
Amendment 67 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point f Directive 2010/75/EU Article 3 – paragraph 1 – point (53) (new) (53) ‘‘benchmarks’ means the
Amendment 68 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point f Directive 2010/75/EU Article 3 – paragraph 1 – point (53) (new) (53) ‘‘benchmarks’ means the indicative range of environmental performance levels associated with best available techniques, other than emission levels, and
Amendment 69 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point f Directive 2010/75/EU Article 3 – paragraph 1 – point (53) (new) (53) ‘‘benchmarks’ means the indicative range of environmental performance levels associated with best available techniques, other than emission levels, and
Amendment 70 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point f Directive 2010/75/EU (a) consumption levels of water, energy and raw materials;
Amendment 71 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point f Directive 2010/75/EU Article 3 – paragraph 1 – point (53) (new) (a) consumption levels of water, energy and raw materials;
Amendment 72 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point f Directive 2010/75/EU Article 3 – paragraph 1 – point (53) (new) (b) resource efficiency levels and reuse levels
Amendment 73 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point f Directive 2010/75/EU Article 3 – paragraph 1 – point (53) (new) (b) resource efficiency levels
Amendment 74 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point f Directive 2010/75/EU Article 3 – paragraph 1 – point (53) (new) (b) resource efficiency levels
Amendment 75 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point f Directive 2010/75/EU Article 3 – paragraph 1 – point (53) (new) (c)
Amendment 76 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point f Directive 2010/75/EU Article 3 – paragraph 1 – point (53) (new) (c)
Amendment 77 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point f (53a) ‘water reuse system’ means the infrastructure and other technical elements necessary for producing, supplying and using reclaimed water; it comprises all the elements from the starting point of the production process to the point where reclaimed water is used, including distribution and storage infrastructure, where relevant.
Amendment 78 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point f Directive 2010/75/EU Article 3 – paragraph 1 – point (57) (new) 53a. ‘Human health’: Health is a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity.
Amendment 79 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point f Directive 2010/75/EU Article 3 – paragraph 1 – point (55) (new) (53b) ‘reclaimed water’ means water that has been reclaimed from previous uses and it is reused for a different beneficial purpose.
Amendment 80 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point f Directive 2010/75/EU Article 3 – paragraph 1 – point (53) (new) (53b) (e) waste prevention levels;
Amendment 81 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point f Directive 2010/75/EU Article 3 – paragraph 1 – point (54) (new) (53c) ‘Water reuse’ means the process of reclaiming water from previous uses through a water reuse system and converting into water that can be reused for a variety of purposes.
Amendment 82 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point f Directive 2010/75/EU Article 3 – paragraph 1 – point (56) (new) (53d) ‘water efficiency’ means the ratio of economic output produced per cubic meter of input of water consumed and polluted, including virtual water flow traded to produce the aforementioned economic output.
Amendment 83 #
(fa) Article 3(10)(c) is amended as follows: insert the following words after ‘high general level’: ‘of protection of human health and’,
Amendment 84 #
Proposal for a directive Article 1 – paragraph 1 – point 3 a (new) Directive 2010/75/EU Article 3 – paragraph 1 – point (58) (new) (3a) Deep industrial transformation: Adoption of completely different process routes and/or primary process techniques (i.e. secondary, or ‘end-of-pipe’ techniques would not qualify as ‘deep transformation’) that facilitate a significant reduction of emissions.
Amendment 85 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive 2010/75/EU Article 4 – paragraph 1 – subparagraph 2 Amendment 86 #
Proposal for a directive Article 1 – paragraph 1 – point 4 Directive 2010/75/EU Article 4 – paragraph 1 – subparagraph 2 ‘By way of derogation from the first subparagraph, Member States may set a procedure for the registration of installations for the production of hydrogen from water-electrolysis and installations covered only by Chapter V or Chapter VIa.’.
Amendment 87 #
Proposal for a directive Article 1 – paragraph 1 – point 5 Directive 2010/75/EU Article 5 – paragraph (4) (new) Amendment 88 #
Proposal for a directive Article 1 – paragraph 1 – point 5 Directive 2010/75/EU Article 5 – paragraph (4) (new) Member States shall ensure that permits granted pursuant to this Article are made available on the Internet, free of charge and without restricting access to registered users but only to the extent that trade and business secrets are protected. 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 89 #
Proposal for a directive Article 1 – paragraph 1 – point 5 Directive 2010/75/EU Article 5 – paragraph (4) (new) Member States shall ensure that permits granted pursuant to this Article are made available on the Internet, free of charge and without restricting access to registered users, 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
Amendment 90 #
Proposal for a directive Article 1 – paragraph 1 – point 5 Directive 2010/75/EU Article 5 – paragraph (4) (new) Member States shall ensure that a summary of each permit
Amendment 91 #
Proposal for a directive Article 1 – paragraph 1 – point 5 Directive 2010/75/EU Article 5 – paragraph (4) (new) Amendment 92 #
Proposal for a directive Article 1 – paragraph 1 – point 5 Directive 2010/75/EU Article 5 – paragraph (4) (new) Amendment 93 #
Proposal for a directive Article 1 – paragraph 1 – point 5 Directive 2010/75/EU Article 5 – paragraph (4) (new) Amendment 94 #
Proposal for a directive Article 1 – paragraph 1 – point 5 Directive 2010/75/EU Article 5 – paragraph (4) (new) Amendment 95 #
Proposal for a directive Article 1 – paragraph 1 – point 5 Directive 2010/75/EU Article 5 – paragraph (4) (new) Amendment 96 #
Proposal for a directive Article 1 – paragraph 1 – point 6 Directive 2010/75/EU Article 7 – Title Amendment 97 #
Proposal for a directive Article 1 – paragraph 1 – point 6 Directive 2010/75/EU Article 7 – paragraph 1 Without prejudice to Directive 2004/35/EC of the European Parliament and of the
Amendment 98 #
Proposal for a directive Article 1 – paragraph 1 – point 6 Directive 2010/75/EU Article 7 – paragraph 1 – point (b) (b) the operator immediately takes the measures to put an end to or, where this is technically impossible, limit the environmental consequences and to prevent further possible incidents or accidents;
Amendment 99 #
Proposal for a directive Article 1 – paragraph 1 – point 6 Directive 2010/75/EU Article 7 – paragraph 1 – point (b) (b) the operator immediately takes the measures to limit the environmental consequences and to prevent further possible
source: 739.663
2022/12/14
ENVI
232 amendments...
Amendment 128 #
Proposal for a directive Title 1 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 and livestock farm emissions
Amendment 129 #
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, the Soil Strategy66a and the Sustainable Products Initiative67 . Besides, as part of the EU response to the 2022 Russia-
Amendment 130 #
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 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. __________________
Amendment 131 #
Proposal for a directive 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) (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) Amendment 134 #
Proposal for a directive Recital 2 (2) The European Green Deal announced a revision of Union measures to
Amendment 135 #
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, 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
Amendment 136 #
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 137 #
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 138 #
Proposal for a directive Recital 2 (2) The European Green Deal announced a revision of Union measures to address pollution from large industrial installations, including reviewing the sectoral scope of the legislation and how to make it fully consistent with climate, energy and circular economy policies. In addition, the Zero Pollution Action Plan, the Circular Economy Action Plan and the Farm to Fork Strategy also call for reducing pollutant emissions at source, including sources not currently within the scope of Directive 2010/75/EU of the European Parliament and of the Council69 .
Amendment 139 #
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, water 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 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 pollution from certain agro- industrial activities thus requires their inclusion within the scope of that Directive. __________________ 69 Directive 2010/75/EU of the European
Amendment 140 #
Proposal for a directive Recital 2 (2) The European Green Deal
Amendment 141 #
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,
Amendment 142 #
Proposal for a directive Recital 2 a (new) Amendment 143 #
Proposal for a directive Recital 2 b (new) (2b) Air pollution also harms land and water ecosystems. In 2020, damaging levels of nitrogen deposition were seen in 75% of the total EU ecosystem area. This represents a 12% reduction since 2005 while the EU zero pollution action plan’s target is to reach a 25% reduction by 2030.According to the EEA analysis, 59% of forested areas and in 6% agricultural land were exposed to damaging levels of ground-level ozone in Europe in 2020. Economic losses due to the impacts of ground-level ozone on wheat yields totalled about EUR 1.4 billion across 35 European countries in 2019, with the biggest losses seen in France, Germany, Poland, and Türkiye.1b __________________ 1b https://www.eea.europa.eu/publications/ai r-quality-in-europe-2022/air-quality-in- europe-2022
Amendment 144 #
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
Amendment 145 #
Proposal for a directive Recital 3 a (new) (3a) Persistent problems with odours (‘olfactory pollution’) due to industrial activities are a matter of high concern in numerous Union communities. The present legislation should clearly be attentive to the impact of olfactory pollution on the heath, the quality of the environment and the quality of life of Union citizens.
Amendment 146 #
Proposal for a directive Recital 4 Amendment 147 #
Proposal for a directive Recital 4 Amendment 148 #
Proposal for a directive Recital 4 Amendment 149 #
Proposal for a directive Recital 4 (4) Rearing of pigs and, poultry can
Amendment 150 #
Proposal for a directive Recital 4 (4) Rearing of pigs
Amendment 151 #
Proposal for a directive Recital 4 (4) Rearing of pigs
Amendment 152 #
Proposal for a directive 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
Amendment 153 #
Proposal for a directive Recital 4 (4)
Amendment 154 #
Proposal for a directive Recital 4 (4) Rearing of pigs, poultry and cattle 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, it is necessary to lower the threshold above which pigs and poultry installations are included within the scope of Directive 2010/75/EU and to include also cattle farming within that scope. Relevant BAT requirements take into consideration the nature, size, density and complexity of these installations, including the specificities of pasture based cattle rearing systems, where animals are only seasonally reared in indoor installations, and the range of environmental impacts they may have. The proportionality requirements in BATs aim to incentivise farmers to implement the necessary transition towards increasingly environmentally friendly agricultural practices. In order to be cost-effective and consistent with the Green Deal, this legislation should particularly target the most concentrated agricultural installations, which have the financial means to cope with this legislation. To do so, it should include criteria of stocking density in order to promote pasture-based cattle in the EU, which has multiple co- benefits for the environmental and climate objectives of the Green Deal.
Amendment 155 #
Proposal for a directive Recital 4 (4) Rearing of pigs, poultry and cattle cause significant pollutant emissions into the air and water. In order to reduce such pollutant emissions, including ammonia, methane, which is also a potent greenhouse gas with a high global warming potential, nitrates and greenhouse gas emissions and thereby improve air, water and soil quality, while fulfilling the Union’s ambition to tackle ongoing climate change, it is necessary to lower the threshold above which pigs and poultry installations are included within the scope of Directive 2010/75/EU and to include also cattle farming within that scope. Relevant BAT requirements take into consideration the nature, size, density and complexity of these installations, including the specificities of pasture based cattle rearing systems, where animals are only seasonally reared in indoor installations, and the range of environmental impacts they may have. The proportionality requirements in BATs aim to incentivise farmers to implement the necessary transition towards increasingly environmentally friendly agricultural practices.
Amendment 156 #
Proposal for a directive Recital 4 (4) Rearing of pigs
Amendment 157 #
Proposal for a directive Recital 4 (4) Rearing of pigs
Amendment 158 #
Proposal for a directive Recital 4 (4) Rearing of pigs
Amendment 159 #
Proposal for a directive Recital 4 (4) Rearing of pigs, poultry and cattle cause significant pollutant emissions into the air and water. In order to reduce such pollutant emissions, including ammonia,
Amendment 160 #
Proposal for a directive Recital 4 (4) Rearing of pigs, poultry and cattle
Amendment 161 #
Proposal for a directive Recital 4 (4) Rearing of pigs, poultry and cattle 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, it is necessary to lower the threshold above which pigs and poultry installations are included within the scope of Directive 2010/75/EU and to include also cattle farming within that scope. Relevant BAT requirements take into consideration the nature, size, density and complexity of these installations, including the specificities of pasture based cattle rearing systems, including transhumance practices, where animals are only seasonally reared in indoor installations, and the range of impacts on biodiversity and environmental impacts
Amendment 162 #
Proposal for a directive 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 163 #
Proposal for a directive Recital 4 a (new) (4a) Intensive farming activities generate other associated impacts such as from feeding material and water quality and availability, notably relating to Nitrates and Phosphorous surplus linked to manure spreading. Operating rules should define key indicators of best environmental management practices, sector environmental performance indicators and benchmarks of excellence for the agriculture sector.
Amendment 164 #
Proposal for a directive Recital 4 a (new) (4a) There is a range of national legislation focused on mitigating the environmental impacts of aquaculture, however the rules vary significantly. To effectively achieve the objectives of this Directive, it is proposed that intensive aquaculture be included in its scope, as an activity environmental performance of which can be improved by means of application of techniques.
Amendment 165 #
Proposal for a directive Recital 4 a (new) (4a) The Commission and Member States take into account the special position of cattle farming in this Directive, namely the fact that cattle are biological animals with no fixed emissions, cattle graze outside and inside with open barns and farms could have a mix of different types of cattle.
Amendment 166 #
Proposal for a directive 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 167 #
Proposal for a directive Recital 4 b (new) (4b) Member States should present transformation plans for their livestock sector, containing information on how the sector will be transformed in order to contribute to the emergence of a sustainable, clean, circular and climate- neutral economy by 2050.
Amendment 168 #
Proposal for a directive Recital 5 Amendment 169 #
Proposal for a directive Recital 5 (5) A significant increase in the number of large-scale installations for the production of batteries for electric vehicles will likely take place within the Union up to 2040, increasing the Union’s share of the global battery production. Whilst several of the activities of the batteries value chain are already regulated by Directive 2010/75/EU and batteries are regulated as products by Regulation (EU) .../... of the European Parliament and of the Council* +., it is still necessary to include in the scope of the Directive large installations manufacturing batteries, ensure that they are also covered by the requirements set out in Directive 2010/75/EU and therefore contribute to
Amendment 170 #
Proposal for a directive 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) (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) (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 173 #
Proposal for a directive Recital 6 Amendment 174 #
Proposal for a directive Recital 6 (6) With a view to
Amendment 175 #
Proposal for a directive Recital 6 (6) With a view to further strengthening public access to environmental information, 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, including a concise and easily comprehensible summary of the details of the permit application, 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.
Amendment 176 #
Proposal for a directive 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, including via new scientifically proven citizen science environmental monitoring systems70a. 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 significant adverse effect upon the environment and ecosystem services, in order to stop that danger.
Amendment 177 #
Proposal for a directive 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
Amendment 178 #
Proposal for a directive 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. 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
Amendment 179 #
Proposal for a directive Recital 9 Amendment 180 #
Proposal for a directive 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 181 #
Proposal for a directive Recital 9 (9) In order to foster energy efficiency of installations within the scope of Directive 2010/75/EU which are carrying
Amendment 182 #
Proposal for a directive 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 submit those installations to energy efficiency requirements in respect of combustion units or other units emitting carbon dioxide or other greenhouse gases on the site.
Amendment 183 #
Proposal for a directive 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) (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) (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) (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 (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),
Amendment 188 #
Proposal for a directive 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 (13) With a view to continuously improving and measuring the environmental performance and safety of the installation, including
Amendment 190 #
Proposal for a directive 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
Amendment 191 #
Proposal for a directive 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
Amendment 192 #
Proposal for a directive 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 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
Amendment 193 #
Proposal for a directive 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
Amendment 194 #
Proposal for a directive Recital 15 (15) Providing a high level of protection of human
Amendment 195 #
Proposal for a directive 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
Amendment 196 #
Proposal for a directive Recital 15 a (new) (15a) With a view to minimise emissions of persistent, bio accumulative and toxic, endocrine disrupting or persistent substances, such as the ones belonging to the group of per- and polyfluoroalkyl substances (PFAS), the European Commission should ensure that their emissions are specifically addressed in all relevant Best Available Techniques Reference Documents.
Amendment 197 #
Proposal for a directive 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 consideration the ‘Energy Efficiency First’ as a guiding principle of the Union energy policy. Therefore, the permits should
Amendment 198 #
Proposal for a directive 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 consideration 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 use of water, energy and recycled materials the consumption of water, energy, and raw 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 199 #
Proposal for a directive 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 consideration the ‘Energy Efficiency First’ as a guiding principle of the Union energy policy. Therefore, the permits should establish, where possible,
Amendment 200 #
Proposal for a directive 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 consideration 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 use and reuse of water, energy and
Amendment 201 #
Proposal for a directive 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,
Amendment 202 #
Proposal for a directive Recital 16 a (new) (16a) Considering the recurrent drought and flood in Europe with a direct impact on water availability for the European industry which is the largest water consumer in Europe (EEA, 2018), industrial stakeholders must carefully consider quantitatively and qualitatively water risks both on and by their activities. Therefore, the European industry must be mobilised to achieve the so-called “Water- Smart Society” in line with the Green Deal and its international commitments to provide a coherent water strategy. Recognising and realising the Value of Water to ensure water security, safety, and sustainability, it means that all available water sources are managed in such a way that water scarcity and pollution is avoided; water and resource loops are largely closed to foster a circular economy and resource efficiency while the water system is resilient against droughts, floods and climate change; its planned and digitalised management ensures prediction and agility to perform under stress as well as uncertainties, and all relevant stakeholders are involved in water governance.
Amendment 203 #
Proposal for a directive Recital 16 a (new) (16a) Recent droughts and floods in Europe have shown lack of resilience and preparedness for weather extremes which affect water quality and quantity, with a direct impact on water availability for the European industry which is the largest water consumer in Europe. The amended framework aims to help industrial stakeholders to assess quantitatively and qualitatively water risks both on and by their activities and plan for a sustainable transition, where all available water sources are managed in such a way that water scarcity and pollution is avoided; water and resource loops are largely closed to foster a circular economy and resource efficiency while the water system is resilient against droughts, floods and climate change; its planned and digitalised management ensures prediction and agility to perform under stress as well as uncertainties, and all relevant stakeholders are involved in water governance.
Amendment 204 #
Proposal for a directive Recital 16 a (new) (16a) As the largest water consumer in Europe, industry should consider the risk of water on and by their activities, especially considering the current situations regarding droughts and floods in Europe. In line with the Green Deal, European industry should be mobilized to ensure a truly Water-Smart Society. By recognizing the value of water, water security, safety and sustainability can be ensured, and water scarcity and pollution can be avoided. In this regard, digitalization should be utilized.
Amendment 205 #
Proposal for a directive Recital 17 (17) With a view to preventing or minimising the emission of pollutants by installations within the scope of Directive 2010/75/EU
Amendment 206 #
Proposal for a directive 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 be better framed through general principles
Amendment 207 #
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
Amendment 208 #
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 climate, soil, 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 with a view to reducing the specific contribution of the installation to the pollution occurring in the relevant area, 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 installation.
Amendment 209 #
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, soil health 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
Amendment 210 #
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 Council72 .
Amendment 211 #
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 Council72
Amendment 212 #
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 a
Amendment 213 #
Proposal for a directive 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 (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
Amendment 215 #
Proposal for a directive Recital 24 (24) The evaluation of Directive 2010/75/EU found that, even if it should
Amendment 216 #
Proposal for a directive 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.
Amendment 217 #
Proposal for a directive 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 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
Amendment 218 #
Proposal for a directive 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
Amendment 219 #
Proposal for a directive 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
Amendment 220 #
Proposal for a directive 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 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 at company level by 30 June 2030. 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 at company level 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.
Amendment 221 #
Proposal for a directive 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) (25b) Articles 32 to 35 should be deleted as redundant.
Amendment 223 #
Proposal for a directive 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 224 #
Proposal for a directive Recital 27 Amendment 225 #
Proposal for a directive Recital 27 Amendment 226 #
Proposal for a directive Recital 27 (27)
Amendment 227 #
Proposal for a directive Recital 27 (27) In light of the high number of
Amendment 228 #
Proposal for a directive Recital 27 (27) In light of the high number of
Amendment 229 #
Proposal for a directive 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 .
Amendment 230 #
Proposal for a directive 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 .
Amendment 231 #
Proposal for a directive Recital 29 Amendment 232 #
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 233 #
Proposal for a directive Recital 29 (29) In order to ensure that Directive 2010/75/EU continues meeting its objectives to prevent or reduce emissions of pollutants and achieve a high level of protection of human health and the environment, while not adversely affecting sustainable European farming, based on the principles of respecting animal welfare, healthy and sustainable food production and promotion of small-scale and family farming, the power to adopt acts in accordance with Article 290 TFEU should
Amendment 234 #
Proposal for a directive Recital 29 (29) In order to ensure that Directive 2010/75/EU continues meeting its objectives to prevent or reduce emissions of pollutants and achieve a high level of protection of human health and the environment, while not affecting sustainable European farming, based on the principles of respecting animal welfare, healthy and sustainable food production and promotion of small-scale and family farming, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to supplement that Directive in order to establish operating rules containing requirements for activities relating to rearing of poultry
Amendment 235 #
Proposal for a directive Recital 29 (29) In order to ensure that Directive 2010/75/EU continues meeting its objectives to prevent or reduce emissions of pollutants and achieve a high level of protection of human health and the environment, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to supplement that Directive in order to establish operating rules containing requirements for activities relating to rearing of poultry, pigs and cattle, and to amend Annexes I and Ia to that Directive by adding an agro-industrial activity to ensure that it meets its objectives to prevent or reduce pollutants emissions and achieve a high level of protection of human health and the environment. Furthermore, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to supplement that Directive with (ii) a standardised methodology for assessing the disproportionality between the costs of implementation of the BAT conclusions and the potential environmental benefits, (iii) the measuring method for assessing compliance with emission limit values set out in the permit with regard to emissions to soil, air and water, (iv) the detailed arrangements necessary for the establishment and functioning of the innovation centre for industrial transformation and emissions, and (v) the format to be used for transformation plans. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the
Amendment 236 #
Proposal for a directive Recital 29 (29) In order to ensure that Directive 2010/75/EU continues meeting its
Amendment 237 #
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 238 #
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 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
Amendment 239 #
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 240 #
Proposal for a directive Recital 29 (29) In order to ensure that Directive 2010/75/EU continues meeting its objectives to prevent or reduce emissions of pollutants and achieve a high level of protection of human health and the environment, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to supplement that Directive in order to establish operating rules containing requirements for activities relating to rearing of poultry, pigs and cattle, and to amend Annexes I and Ia to that Directive by adding an agr
Amendment 241 #
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 242 #
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 243 #
Proposal for a directive Recital 29 a (new) (29a) When establishing the operating rules, the Commission should ensure the exclusion of family farms, farms that are located in disadvantage areas, organic farms and all those farms that are taking actions in circular economy, reuse of livestock by-products and other sustainable practices towards an active reduction in livestock emissions and or improving the sustainability of their rearings.
Amendment 244 #
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;
Amendment 245 #
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 246 #
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) a standardised methodology for assessing the disproportionality between the costs of implementation of the BAT conclusions and the potential environmental benefits, (iii) the measuring method for assessing compliance with emission limit values set out in the permit with regard to emissions to air, soil and water, (iv) the detailed arrangements necessary for the establishment and functioning of the innovation centre for industrial transformation and emissions, and (v) the format to be used for transformation plans. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council78 . __________________
Amendment 247 #
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 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.
Amendment 248 #
Proposal for a directive 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
Amendment 249 #
Proposal for a directive Recital 32 a (new) (32a) The Ukraine war has revealed some major weaknesses in Europe’s supply chains. These weaknesses have to be taken into account when elaborating EU legislation, enabling continuity of global supply chains. Therefore, similar safeguards as presented in recital 32 for energy sector should be properly applied to other sectors, for exceptional circumstances seriously affecting supply chains that could make impossible the compliance of emission limit values for limited time periods.
Amendment 250 #
Proposal for a directive Recital 32 a (new) (32a) Similar safeguards as presented in recital 32 for energy sector should be properly applied to other sectors, for exceptional circumstances seriously affecting supply chains that could make impossible the compliance of emission limit values for limited time periods.
Amendment 251 #
Proposal for a directive Recital 32 a (new) (32a) Similar safeguards as presented in recital 32 for energy sector should be properly applied to other sectors, for exceptional circumstances seriously affecting supply chains that could make impossible the compliance of emission limit values for limited time periods.
Amendment 252 #
Proposal for a directive Recital 33 Amendment 253 #
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 o
Amendment 254 #
Proposal for a directive 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
Amendment 255 #
Proposal for a directive Recital 36 (36) When setting emission limit values for pollut
Amendment 256 #
Proposal for a directive Recital 37 (37) Although landfills are included within the scope of Directive 2010/75/EU, no BAT conclusions exist for landfills since that activity falls within the scope of Council Directive 1999/31/EC80 and the requirements of the latter Directive are deemed to constitute BAT. Due to the technical developments and innovation that have taken place since the adoption of Directive 1999/31/EC, more effective techniques for protecting human health and the environment are now available. The adoption of BAT conclusions under Directive 2010/75/EU would allow addressing the key environmental issues related to the operation of waste landfills, including significant emissions of methane. Directive 1999/31/EC should therefore allow for the adoption of BAT conclusions on landfills under Directive 2010/75/EU. Directives 2010/75/EU and 1999/31/EC should therefore be amended accordingly. __________________ 80 Council Directive 1999/31/EC of 26
Amendment 257 #
Proposal for a directive Recital 38 Amendment 258 #
Proposal for a directive Recital 38 a (new) (38a) The expansion of the scope of the Directive requires that the Commission should amend its implementing act (2012/119/EU) both in regards to the Sevilla technical working group and the Forum and provide the necessary competences, resources and capacity to the above in order for the Sevilla process to remain a crucial part of the implementation of the IED.
Amendment 259 #
Proposal for a directive Recital 39 (39) Since the objectives of this
Amendment 260 #
Proposal for a directive Article 1 – paragraph 1 – point -1 (new) Directive 2010/75/EU Article 1 – title Amendment 261 #
Proposal for a directive Article 1 – paragraph 1 – point -1 a (new) Amendment 262 #
Proposal for a directive Article 1 – paragraph 1 – point – 1 a (new) Directive 2010/75/EU Article 1 – paragraph 1 Amendment 263 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 2010/75/EU Article 1 – paragraph 2 It also lays down rules designed to prevent or, where that is not technically practicable, to
Amendment 264 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 2010/75/EU Article 1 – paragraph 2 It also lays down rules designed to prevent or, where that is not technically practicable, to
Amendment 265 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 2010/75/EU Article 1 – paragraph 2 ‘It also lays down rules designed to prevent or, where that is not practicable, to reduce emissions into air, water and land to the maximum extent possible and to prevent the generation of waste, in order to
Amendment 266 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 2010/75/EU Article 1 – paragraph 2 It also lays down rules designed to prevent or, where that is not practicable, to 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 in order to reduce the use of water, energy, and raw materials.
Amendment 267 #
Proposal for a directive Article 1 – paragraph 1 – point 1 Directive 2010/75/EU Article 1 – paragraph 2 a (new) Amendment 268 #
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 VI and to activities referred to in Chapter VIa.
Amendment 269 #
Proposal for a directive Article 1 – paragraph 1 – point 2 a (new) Directive 2010/75/EU Article 2 – paragraph 2 (2a) In Article 2, the paragraph 2 is deleted;
Amendment 270 #
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 271 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point a Directive 2010/75/EU Article 3 – paragraph 1 – point 3 (3) ‘installation’ means a stationary technical unit within which one or more activities listed in Annex I, in Annex Ia or in Part 1 of Annex VII are carried out, and any other directly associated activities on the same site which have a technical connection with the activities listed in those Annexes and which could have an effect on consumption of natural resources including water, energy and raw materials leading to emissions and pollution;
Amendment 272 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point a Directive 2010/75/EU Article 3 – paragraph 1 – point 3 (3) ‘installation’ means a stationary technical unit within which one or more activities listed in Annex I, in Annex Ia or in Part 1 of Annex VII are carried out, and any other directly associated activities on the same site which have a technical connection with the activities listed in those Annexes and which could have an effect on emissions and, pollution
Amendment 273 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point a Directive 2010/75/EU Article 3 – paragraph 1 – point 3 (3) ‘installation’ means a stationary technical unit within which one or more activities listed in Annex I, in Annex Ia or in Part 1 of Annex VII are carried out, and any other directly associated activities on the same site which have a technical connection with the activities listed in those Annexes and which could have an effect on emissions
Amendment 274 #
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
Amendment 275 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point a Directive 2010/75/EU Article 3 – paragraph 1 – point 3 (3) ‘installation’ means a stationary technical unit within which one or more activities listed in Annex I, in Annex Ia or in Part 1 of Annex VII are carried out, and any other directly associated activities on the same site which have a technical connection with the activities listed in those Annexes and which could have an effect on emissions
Amendment 276 #
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 277 #
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 278 #
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 279 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point a Directive 2010/75/EU Article 3 – paragraph 1 – point 3 (3) ‘installation’ means a stationary technical unit within which one or more activities listed in Annex I
Amendment 280 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point a a (new) Directive 2010/75/EU Article 3 – paragraph 1 – point 3 a (new) (aa) In Article 3, paragraph 1, point 3 a (new) is inserted: 3a. ‘existing installation’ means an installation first permitted before the [date of entry into force of this Directive]
Amendment 281 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point a a (new) Directive 2010/75/EU Article 3 – paragraph 1 – point 3 a (new) (aa) in Article 3, paragraph 1, point 3a (new) is added: 3a. ‘existing installation’ means an installation first permitted before the [date of entry into force of this Directive]
Amendment 282 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point a b (new) Directive 2010/75/EU Article 3 – paragraph 1 – point 3 b (new) Amendment 283 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point a c (new) Directive 2010/75/EU Article 3 – paragraph 1 – point 4 (ac) In Article 3, paragraph 1, point 4 is replaced as follows: (4) ‘emission’ means the direct or indirect release of substances, vibrations, heat
Amendment 284 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point a d (new) Directive 2010/75/EU Article 3 – paragraph 1 – point 6 (ad) In Article 3, paragraph 1, point 6 is replaced as follows: (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
Amendment 285 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point a d (new) Directive 2010/75/EU 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
Amendment 286 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point a d (new) Directive 2010/75/EU 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
Amendment 287 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point a d (new) Directive 2010/75/EU 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
Amendment 288 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point a e (new) Directive 2010/75/EU 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 289 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point a e (new) Directive 2010/75/EU Article 3 – paragraph 1 – point 6 a (new) (ae) In Article 3, paragraph 1, point 6a (new) is inserted: (6a) ‘Area in need of specific protection’ means natural habitats or water bodies afforded 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 290 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point a e (new) Directive 2010/75/EU 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 291 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point a f (new) Directive 2010/75/EU Article 3 – paragraph 1 – point 8 (af) In Article 3, paragraph 1, point 8 is replaced as follows: (8) ‘general binding rules’ means emission limit values, environmental performance values or other conditions, at least at sector level, that are adopted with the intention of being used directly to set permit conditions;
Amendment 292 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point a g (new) Directive 2010/75/EU Article 3 – paragraph 1 – point 9 Amendment 293 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point a g (new) Directive 2010/75/EU 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, of an installation or combustion plant, waste incineration plant or waste co- incineration plant , or an extension of a duration of operation, which may have significant negative effects on human health or the environment;
Amendment 294 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point a g (new) Directive 2010/75/EU 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;
Amendment 295 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point a h (new) Directive 2010/75/EU 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:
Amendment 296 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point a h (new) Directive 2010/75/EU 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: (a) ‘techniques’ includes both the technology used and the way in which the installation is designed, built, maintained, operated and decommissioned; (b) ‘available techniques’ means those developed on a scale which allows implementation in the relevant industrial sector, under economically and technically viable conditions, taking into consideration the
Amendment 297 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point a h (new) Directive 2010/75/EU Article 3 – paragraph 1 – point 10 – introductory part (ah) In Article 3, paragraph 1, point 10, introductory part 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 with the zero-pollution ambition
Amendment 298 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point a h (new) Directive 2010/75/EU Article 3 – paragraph 1 – point 10 – point a (ah)
Amendment 299 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point a h (new) Directive 2010/75/EU Article 3 – paragraph 1 – point 10 – point b (ah) In Article 3, paragraph 1, point 10, point b is replaced as follows: (b) ‘available techniques’ means those developed or soon to be developed on a scale which allows implementation in the relevant industrial sector, under
Amendment 300 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point a h (new) Directive 2010/75/EU Article 3 – paragraph 1 – point 10 – point c (ah) In Article 3, paragraph 1, point 10, point c is replaced as follows: (c) ‘best’ means most effective in achieving a high general level of protection of the environment as a whole, including human health and climate protection. 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;
Amendment 301 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point b Directive 2010/75/EU Article 3 – paragraph 1 – point 12 (12) ‘BAT conclusions’ means a document containing the parts of a BAT reference document laying down the conclusions on: (a) best available techniques, their description, information to assess their applicability, the emission levels associated with the best available techniques, the environmental performance levels associated with the best available techniques, (b) the minimum content of an environmental management system including benchmarks associated with the best available techniques, (c) emission levels associated with emerging techniques, environmental performance levels associated with emerging techniques, (d) associated monitoring, associated consumption levels and, where appropriate, relevant site remediation measures;
Amendment 302 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point b Directive 2010/75/EU Article 3 – 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 emission levels associated with the best available techniques,
Amendment 303 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point b Directive 2010/75/EU Article 3 – paragraph 1 – point 12 (12) ‘BAT conclusions
Amendment 304 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point b Directive 2010/75/EU Article 3 – 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 emission levels associated with the best available techniques, the environmental performance levels associated with the best available techniques, the minimum content of an environmental management system including benchmarks associated with the best available techniques, emerging techniques, their description, information to assess their applicability, the emission levels associated with the emerging techniques, the environmental performance levels associated with the emerging techniques, associated monitoring, associated consumption levels and, where appropriate, relevant site remediation measures;
Amendment 305 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point b Directive 2010/75/EU Article 3 – 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 emission levels associated with the best available techniques, the environmental performance levels associated with the best available techniques, the minimum content of an environmental management system including benchmarks associated with the best available techniques, emission levels associated with emerging techniques, environmental performance levels associated with emerging techniques, associated monitoring, associated consumption levels and, where appropriate, relevant site remediation measures;
Amendment 306 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point b Directive 2010/75 (EU) Article 3 – paragraph 1 – point 12 (12) ‘BAT conclusions’ means a document containing the parts of a BAT reference document laying down the
Amendment 307 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point b Directive 2010/75/EU Article 3 – 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 emission levels associated with the best available techniques, the environmental performance levels associated with the best available techniques, the minimum content of an environmental management system including benchmarks associated with the best available techniques, emission levels associated with emerging techniques, environmental performance levels associated with emerging techniques, associated monitoring, associated consumption levels and, where appropriate, relevant site remediation measures;;
Amendment 308 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point b Directive 2010/75/EU Article 3 – 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 emission levels associated with the best available techniques, the environmental performance levels associated with the best available techniques, the minimum content of an environmental management system including benchmarks associated with the best available techniques, associated monitoring, associated consumption levels of water, energy and raw materials and, where appropriate, relevant site remediation measures;
Amendment 309 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point c Directive 2010/75/EU Article 3 – paragraph 1 – point 13 a Amendment 310 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point c Directive 2010/75/EU 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 311 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point c Directive 2010/75/EU 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 312 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point c Directive 2010/75/EU 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, as described in BAT conclusions, expressed as an average over a given period of time, under specified reference conditions;
Amendment 313 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point c Directive 2010/75/EU 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, as described in BAT conclusions, expressed as an average over a given period of time, under specified reference conditions;
Amendment 314 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point c Directive 2010/75/EU Article 3 – paragraph 1 – point 13 a (13a) ‘environmental performance levels associated with the best available techniques’ means the range of environmental performance levels, which shall include consumption, efficiency, and reuse levels of water, energy, and raw materials as well as waste levels, except emission levels, obtained under normal operating conditions using a BAT or a
Amendment 315 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point c Directive 2010/75/EU Article 3 – paragraph 1 – point 13 a (13a) ‘environmental performance levels associated with the best available techniques’ means the range of environmental performance levels, including consumption, efficiency, and reuse levels of water, energy and raw materials as well as waste prevention levels, except emission levels, obtained under normal operating conditions using a BAT or a combination of BATs;
Amendment 316 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point c Directive 2010/75/EU Article 3 – paragraph 1 – point 13 a (13a) ‘environmental performance levels associated with the best available techniques’ means the range of environmental performance levels, including consumption, efficiency, and reuse levels of water, energy, and raw materials as well as waste levels, except emission levels, obtained under normal
Amendment 317 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point c Directive 2010/75 (EU) 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, as described in BAT conclusions, expressed as an average over a given period of time, under specified reference conditions;
Amendment 318 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point c Directive 2010/75/EU 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
Amendment 319 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point c Directive 2010/75/EU 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, as described in BAT conclusions, expressed as an average over a given period of time, under specified reference conditions;
Amendment 320 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point c Directive 2010/75/EU Article 3 – paragraph 1 – point 13 a (13a) ‘environmental performance levels associated with the best available techniques’ means the range of environmental performance levels, including consumption, efficiency and reuse of water, energy and raw materials, except
Amendment 321 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point c Directive 2010/75/EU 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; The Commission shall set out guidelines for defining the parameters on which the calculation of environmental performance must be based.
Amendment 322 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point c Directive 2010/75/EU Article 3 – paragraph 1 – point 13 a (
Amendment 323 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point c a (new) Directive 2010/75/EU Article 3 – paragraph 1 – point 13 a a (new) (ca) In Article 3, paragraph 1, point 13a a (new) is inserted: (13aa) "Industrial Waste Water Treatment Plant" means a waste water treatment plant covered by Directive 2010/75/EU;
Amendment 324 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point c a (new) Directive 2010/75/EU Article 3 – paragraph 1 – point 13 a a (new) (ca) In Article 3, paragraph 1, point 13a a (new) is inserted: (13aa) "Innovative techniques" means techniques including emerging techniques, that 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;
Amendment 325 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point c b (new) Directive 2010/75/EU Article 3 – paragraph 1 – point 13 a b (new) (cb) In Article 3, paragraph 1, point 13a b (new) is inserted: (13ab) "Deep industrial transformation" means adoption of completely different process routes and/or primary process techniques that facilitate a significant reduction of emissions. Secondary, or 'end-of-pipe' techniques would not qualify as 'deep transformation'
Amendment 326 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point c b (new) Directive 2010/75/EU Article 3 – paragraph 1 – point 13 a b (new) (cb) In Article 3, paragraph 1, point 13a b (new) is inserted: (13ab) "Urban Waste Water Treatment Plant" means a waste water treatment plant covered by Directive 91/271/EEC;
Amendment 327 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point c c (new) Directive 2010/75/EU Article 3 – paragraph 1 – point 13 a c (new) (cc) In Article 3, paragraph 1, point 13ac (new) is inserted: (13ac) ‘Water reuse’ means the process of reclaiming water from previous uses through a water reuse system and converting into water that can be reused for a variety of purposes;
Amendment 328 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point c d (new) Directive 2010/75/EU Article 3 – paragraph 1 – point 13 a d (new) (cd) In Article 3, paragraph 1, point 13a d (new) is inserted: (13ad) ´water reuse system’ means the infrastructure and other technical elements necessary for producing, supplying and using reclaimed water; it comprises all the elements from the starting point of the production process to the point where reclaimed water is used, including distribution and storage infrastructure, where relevant;
Amendment 329 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point c e (new) Directive 2010/75/EU Article 3 – paragraph 1 – point 13c e (new) (ce) In Article 3, paragraph 1, point 13a e (new) is inserted: (13ae) ´reclaimed water’ means water that has been reclaimed from previous uses and it is reused for a different beneficial purpose
Amendment 330 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point c a (new) Directive 2010/75/EU Article 3 – paragraph 1 – point 14 Amendment 331 #
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) In Article 3, paragraph 1, point (23) is deleted;
Amendment 332 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point e Directive 2010/75/EU Article 3 – paragraph 1 – point 23 a (23a) ‘pigs’ means
Amendment 333 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point e Directive 2010/75/EU Article 3 – paragraph 1 – point 23 b Amendment 334 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point e Directive 2010/75/EU Article 3 – paragraph 1 – point 23 b Amendment 335 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point e Amendment 336 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point e Directive 2010/75/EU Article 3 – paragraph 1 – point 23 b Amendment 337 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point e Directive 2010/75/EU Article 3 – paragraph 1 – point 23 b Amendment 338 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point e Directive 2010/75/EU Article 3 – paragraph 1 – point 23 b Amendment 339 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point e Directive 2010/75/EU Article 3 – paragraph 1 – point 23 b Amendment 340 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point e Directive 2010/75/EU Article 3 – paragraph 1 – point 23 c Amendment 341 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point e Directive 2010/75/EU Article 3 – paragraph 1 – point 23 c Amendment 342 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point e Directive 2010/75/EU Article 3 – paragraph 1 – point 23 c Amendment 343 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point e Directive 2010/75/EU Article 3 – paragraph 1 – point 23 c Amendment 344 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point e Amendment 345 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point e Directive 2010/75/EU Article 3 – paragraph 1 – point 23 c Amendment 346 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point e Directive 2010/75/EU Article 3 – paragraph 1 – point 23 c (23c) ‘livestock unit’ or ‘LSU’ means
Amendment 347 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point e a (new) Directive 2010/75/EU Article 3 – paragraph 1 – point 23 c a (new) (ea) In Article 3, paragraph 1, point 23c a (new) is inserted: 23ca. ‘livestock farming in open housing or on pastures’ means livestock farming in housing where the sides of the enclosed space are predominantly open or where the animals have free access at all times to outdoor runs with an appropriate surface area or where during most of the year the animals have access at all times to grazing areas.; the necessary minimum size of grazing areas per animal shall be determined by the Member States.
Amendment 348 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point e Directive 2010/75/EU Article 3 – paragraph 1 – point 23 c a (new) (ea) In Article 3, paragraph 1, point 23c a (new) is inserted: (23ca) ‘Industrial-scale livestock rearing’ means rearing of poultry and pigs, which does not fall under the definitions laid down in points (23cc(new)) to (23d);
Amendment 349 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point e a (new) Directive 2010/75/EU Article 3 – paragraph 1 – point 23 c a (new) (ea) In Article 3, paragraph 1, point 23c a (new) is inserted: (23ca) ‘Industrial-scale livestock rearing’ means rearing of poultry and pigs, which does not fall under the definitions laid down in points (23cc(new)) to (23d);
Amendment 350 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point e a (new) Directive 2010/75/EU Article 3 – paragraph 1 – point 23 c a (new) (ea) In Article 3, paragraph 1, point 23c a (new) is inserted: (23ca) ‘Industrial-scale livestock rearing’ means rearing of poultry and pigs, which does not fall under the definitions laid down in points 23cc(new)) to (23d);
Amendment 351 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point e a (new) Directive 2010/75/EU Article 3 – paragraph 1 – point 23 c a (new) In Article 3, paragraph 1, point 23 c a (new) is inserted: (23ca) ‘extensive pasture based cattle rearing’ means the rearing of cattle in installations of less than 300 LSU where the fodder is grown within the installation or its direct vicinity and with: (a) less than 1,6 LSU per hectare of forage area, consisting of permanent pasture, temporary grassland including arable leys or home grown fodder crops and (b) more than 70% of permanent pasture, temporary grassland including arable leys of the overall forage area;
Amendment 352 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point e b (new) Directive 2010/75/EU Article 3 – paragraph 1 – point 23 c b (new) (eb) In Article 3, paragraph 1, point 23c b (new) is inserted: 23cb. ‘family farms’ means farms where ownership of the animals and of all holding facilities other than pastures or other forage areas is held exclusively by a natural person or by the direct family of the owner or an association of several natural persons, where the owner or direct family of the owner or the association bears the entrepreneurial risk exclusively and where more than 30 % of the work necessary for livestock farming is carried out by the owner, the immediate family or the members of the association of several owners.
Amendment 353 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point e c (new) Directive 2010/75/EU Article 3 – paragraph 1 – point 27 (ec) In Article 3, paragraph 1, point 27 is replaced as follows: (27) ‘operating hours’ means the time, expressed in hours, during which a combustion plant, in whole or in part, is operating and discharging emissions into the air
Amendment 354 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point f Directive 2010/75/EU Article 3 – paragraph 1 – point 48 Amendment 355 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point f Directive 2010/75/EU Article 3 – paragraph 1 – point 48 (48) ‘industrial minerals’ means minerals used in industry for the production of semi-finished or finished products, with the exception of metalliferous ores, energy minerals, and minerals used for the production of construction m
Amendment 356 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point f Directive 2010/75/EU Article 3 – paragraph 1 – point 48 (48) ‘industrial minerals’ means minerals used in industry for the production of semi-finished or finished products, with the exception of metalliferous ores, energy minerals, and minerals used for the production of construction m
Amendment 357 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point f Directive 2010/75/EU Article 3 – paragraph 1 – point 48 (48) ‘industrial minerals’ means minerals used in industry for the production of semi-finished or finished products, with the exception of metalliferous ores, energy minerals, and minerals used for the production of construction m
Amendment 358 #
Proposal for a directive Article 1 – paragraph 1 – point 3 – point f Directive 2010/75/EU Article 3 – paragraph 1 – point 48 (48) ‘industrial minerals’ means minerals used in industry for the production of semi-finished or finished
source: 739.774
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