37 Amendments of Stanislav POLČÁK related to 2022/0104(COD)
Amendment 155 #
Proposal for a directive
Recital 4
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 169 #
Proposal for a directive
Recital 5
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 athe morest sustainable possible growth of batteries manufacturing. Including large installations manufacturing batteries in the scope of Directive 2010/75/EU will improve in a holistic way the sustainability of batteries and minimise their impact on the environment throughout their life cycle.
Amendment 175 #
Proposal for a directive
Recital 6
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 178 #
Proposal for a directive
Recital 8
Recital 8
(8) Member States should also adopt compliance assurance measures to promote, monitor and enforce compliance with obligations placed on natural or legal persons under Directive 2010/75/EU. 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 ofmeasures identified in the inspection report pose or risk causing a danger to human health or a significant adverse effect upon the environment, in order to stop that danger immediately.
Amendment 265 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2010/75/EU
Article 1 – paragraph 2
Article 1 – paragraph 2
‘It also lays down rules designed to prevent or, where that is not practicable, to reduce emissions into air, water and land to the maximum extent possible 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 and to pursue the objective of zero pollution.’.
Amendment 283 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a c (new)
Article 1 – paragraph 1 – point 3 – point a c (new)
Directive 2010/75/EU
Article 3 – paragraph 1 – point 4
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 or noise, noise or optical radiation from individual or diffuse sources in the installation into air, water or land;
Amendment 322 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point c
Article 1 – paragraph 1 – point 3 – point c
Directive 2010/75/EU
Article 3 – paragraph 1 – point 13 a
Article 3 – paragraph 1 – point 13 a
(13a) ‘environmental performance levels associated with the best available techniques’ means the range of environmental performance levels, except emission levels, obtained under normal operating conditions using a BAT or a combination of BATs;’.Does not affect English version.)
Amendment 376 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point f
Article 1 – paragraph 1 – point 3 – point f
Directive 2010/75/EU
Article 3 – paragraph 1 – point 52
Article 3 – paragraph 1 – point 52
(52) ‘compliance assurance’ means mechanisms for securing compliance using three categories of intervention: compliance promotion; compliance monitoring; follow-up and enforcement.’;Does not affect English version.)
Amendment 395 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point f
Article 1 – paragraph 1 – point 3 – point f
Directive 2010/75/EU
Article 3 – paragraph 1 – point 53 – point e
Article 3 – paragraph 1 – point 53 – point e
(e) waste production and other levels obtained under specified reference conditions.’.
Amendment 435 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2010/75/EU
Article 5 – paragraph 4 – subparagraph 1 – point a a (new)
Article 5 – paragraph 4 – subparagraph 1 – point a a (new)
(aa) a brief and easily comprehensible summary of data from the application for authorisation
Amendment 457 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2010/75/EU
Article 7 – paragraph 1
Article 7 – paragraph 1
Without prejudice to Directive 2004/35/EC of the European Parliament and of the Council*, in the event of any incident or accident that significantly affectings or could significantly affect human health or the environment, Member States shall take the necessary measures to ensure that:
Amendment 459 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2010/75/EU
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
(b) the operator immediately takes the measures to limit the, to the greatest extent possible, the human health or environmental consequences and to prevent further possible incidents or accidents;
Amendment 463 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2010/75/EU
Article 7 – paragraph 1 – point c
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 limit the human health or environmental consequences and to prevent further possible incidents or accidents.
Amendment 468 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2010/75/EU
Article 7 – paragraph 2
Article 7 – paragraph 2
In the event of any incident or accident that significantly affectings or could significantly affect 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 lminimitsing the consequencesimpact on the environment and human health and to prevent further possible incidents or accidents.
Amendment 470 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2010/75/EU
Article 8 – paragraph 1 – subparagraph 1
Article 8 – paragraph 1 – subparagraph 1
Member States shall take theall necessary measures to ensure that the permit conditions of the permit are complied with.
Amendment 476 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2010/75/EU
Article 8 – paragraph 2 – subparagraph 2
Article 8 – paragraph 2 – subparagraph 2
Where the breach of the permit conditions poses an immediate or significant danger to human health or threatens to cause an immediate significant adverse effect upon the environment, and until compliance is restored in accordance with the first subparagraph, points (b) and (c), the operation of the installation, combustion plant, waste incineration plant, waste co- incineration plant or relevant part thereof shall be suspended without any delay.
Amendment 480 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2010/75/EU
Article 8 – paragraph 3
Article 8 – paragraph 3
Where the breach of the permit conditions continues to cause or could cause a danger to human health or acould have a significant adverse effect upon the environment, and where the necessary action for restoring compliance identified in the inspection report referred to in Article 23(6) have not been implemented, the operation of the installation, combustion plant, waste incineration plant, waste co-incineration plant or relevant part thereof may be suspended by the competent authority until compliance with the permit conditions is restored.
Amendment 520 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2010/75/EU
Article 11 – paragraph 1 – point f a
Article 11 – paragraph 1 – point f a
(fa) material resources and water are used efficiently, including through re-use;(Does not affect English version.)
Amendment 573 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point a
Article 1 – paragraph 1 – point 9 – point a
Directive 2010/75/EU
Article 13 – paragraph 1
Article 13 – paragraph 1
1. In order to draw up, review and, where necessary, update BAT reference documents, the Commission shall organise an exchange of information between Member States, the industries concerned, non-governmental organisations promoting human health or environmental protection, the European Chemicals Agency and the Commission.’
Amendment 601 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point b
Article 1 – paragraph 1 – point 9 – point b
Directive 2010/75/EU
Article 13 – paragraph 2 – subparagraph 2
Article 13 – paragraph 2 – subparagraph 2
Without prejudice to Union competition law, information considered as confidential business information or commercially sensitive information shall only be shared with the Commission and with the following individuals having signed a confidentiality and non-disclosure agreement: civil servants and other public employees representing Member States or Union agencies, and representatives of non-governmental organisations promoting the protection of human health or the environment. The exchange of information considered as confidential business information or sensitive commercial information shall remain limited to what is required to draw up, review and, where necessary, update BAT reference documents, and such confidential business information or sensitive commercial information shall not be used for other purposes. Information on emissions into the environment may not be considered as confidential business information or sensitive commercial information under this subparagraph.’.
Amendment 645 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a – point i
Article 1 – paragraph 1 – point 10 – point a – point i
Directive 2010/75/EU
Article 14 – paragraph 1 – subparagraph 1
Article 14 – paragraph 1 – subparagraph 1
‘Member States shall ensure that the permit includes all measures necessary to comply with the requirements of Articles 11 and 18. To that effect, Member States shall ensure that permits are only granted further to consultation of all relevant authorities who ensure compliance with Union environmental legislation, including with environmental quality standards.’;
Amendment 666 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a – point vi
Article 1 – paragraph 1 – point 10 – point a – point vi
Directive 2010/75/EU
Article 14 – paragraph 1 – subparagraph 2 – point bc a (new)
Article 14 – paragraph 1 – subparagraph 2 – point bc a (new)
In Article 14, paragraph 1, subparagraph 2, point bba (new) is inserted: bc a. appropriate requirements to protect human health and ecosystems from the adverse effects of light pollution, noise and vibration;
Amendment 684 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a – point vii
Article 1 – paragraph 1 – point 10 – point a – point vii
Directive 2010/75/EU
Article 14 – paragraph 1 – subparagraph 2 – point e
Article 14 – paragraph 1 – subparagraph 2 – point e
(iiia) Article 14, paragraph 1, subparagraph 2, point e is replaced as follows (e) appropriate requirements for the regular maintenance and surveillance of measures taken to prevent emissions to soil, groundwater and surface water pursuant to point (b) and appropriate requirements concerning the periodic monitoring of soil, groundwater and surface water in relation to relevant hazardous substances likely to be found on site and having regard to the possibility of soil, groundwater and surface water contamination at the site of the installation;
Amendment 729 #
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Directive 2010/75/EU
Article 14a – paragraph 2 – point a – point ii
Article 14a – paragraph 2 – point a – point ii
(ii) optimise resourcthe use and water reusereuse of resources, including water;
Amendment 752 #
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Directive 2010/75/EU
Article 14a – paragraph 2 – point d
Article 14a – paragraph 2 – point d
(d) a chemicalsn inventory of the hazardous substances present in the installation as such, as constituents of other substances or as part of mixtures, a risk assessment of the impact of such substances on human health and the environment and an analysis of the possibilities to substitute them with safer alternatives;
Amendment 767 #
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Directive 2010/75/EU
Article 14a – paragraph 3
Article 14a – paragraph 3
3. The EMS of an installation shall be made available on the Internet, free of charge and without restricting access to registered users.’.(Does not affect English version.)
Amendment 837 #
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2010/75/EU
Article 15 – paragraph 3a
Article 15 – paragraph 3a
3a. The competent authority shall set 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).(Does not affect English version.)
Amendment 850 #
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2010/75/EU
Article 15 – paragraph 4 – subparagraph 1 – introductory part
Article 15 – paragraph 4 – subparagraph 1 – introductory part
By way of derogation from paragraph 3, and without prejudice to Article 18, the competent authority may, in specific cases, set less strict emission limit values. Such a derogation may apply only where an assessment shows that the achievement of emission levels associated with the best available techniques as described in BAT conclusions would lead to disproportionately higher costs compared to the environmental and human health benefits due to:
Amendment 881 #
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2010/75/EU
Article 15 – paragraph 4 – subparagraph 4
Article 15 – paragraph 4 – subparagraph 4
Derogations referred to in this paragraph shall respect the principles set out in Annex II. The competent authority shall in any case ensure that no significant pollution is caused and that a high level of protection of the environment and human health as a whole is achieved. Derogations shall not be granted where they may put at risk compliance with environmental quality standards referred to in Article 18.
Amendment 898 #
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2010/75/EU
Article 15 – paragraph 4 – subparagraph 6
Article 15 – paragraph 4 – subparagraph 6
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 and human health benefits referred to in the first subparagraph. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 75(2).’.
Amendment 944 #
Proposal for a directive
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Directive 2010/75/EU
Article 18 – paragraph 1
Article 18 – paragraph 1
Amendment 985 #
Proposal for a directive
Article 1 – paragraph 1 – point 17 – point a – point i
Article 1 – paragraph 1 – point 17 – point a – point i
Directive 2010/75/EU
Article 24 – paragraph 1 – subparagraph 1 – point d
Article 24 – paragraph 1 – subparagraph 1 – point d
(d) the updating of a permit or permit conditions for an installation in accordance with Article 21(5), points (a), (b) and (c);’;
Amendment 1028 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/75/EU
Article 26 – paragraph 1
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 or human health of another Member State, or where a Member State which may be significantly affected so requests, the Member State in whose territory the application for a permit pursuant to Article 4 or Article 20(2) was submitted 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 1039 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2010/75/EU
Article 27 – paragraph 1
Article 27 – paragraph 1
Member States shall, where appropriate, encourage 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.’.
Amendment 1432 #
Proposal for a directive
Article 1 – paragraph 1 – point 26
Article 1 – paragraph 1 – point 26
Directive 2010/75/EU
Article 73 – paragraph 1 – subparagraph 1
Article 73 – paragraph 1 – subparagraph 1
By 30 June 2028 and every 5 years thereafter, the Commission shall submit to the European Parliament and to the Council a report reviewing the implementation of this Directive and an evaluation of the level of progress achieved. The report shall take into account the dynamics of innovation and the review referred to in Article 8 of Directive 2003/87/EC.
Amendment 1514 #
Proposal for a directive
Article 1 – paragraph 1 – point 31
Article 1 – paragraph 1 – point 31
Directive 2010/75/EU
Article 79 – paragraph 3 – point c
Article 79 – paragraph 3 – point c
(c) the population or the environment affected by the violation, bearing in mind the impact of the infringement on the objective of achieving a high level of protection of human health and the environment and zero pollution.’.
Amendment 1519 #
Proposal for a directive
Article 1 – paragraph 1 – point 31
Article 1 – paragraph 1 – point 31
Directive 2010/75/EU
Article 79 – paragraph 3 – point c a (new)
Article 79 – paragraph 3 – point c a (new)
(ca) whether the infringement has been repeated.