[ParlTrack]

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’.

2022/12/09
Committee: ITRE

Massimiliano SALINI

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, and such confidential business information or sensitive commercial information shall not be used for other purposes..

2022/12/09
Committee: ITRE

Massimiliano SALINI

Proposal for a directive
Article 1 – paragraph 1 – point 11

Directive 2010/75/EU
Article 14 a (new)

(11) The following Article 14a is inserted: ‘Article 14a Environmental management system 1. Member States shall require the operator to prepare and implement, for each installation falling within the scope of this Chapter, an environmental management system (‘EMS’). The EMS shall comply with the provisions included in relevant BAT conclusions that determine aspects to be covered in the EMS. The EMS shall be reviewed periodically to ensure that it continues to be suitable, adequate and effective. 2. The EMS shall include at least the following: (a) the continuous improvement of the environmental performance and safety of the installation, which shall include measures to: (i) prevent the generation of waste; (ii) optimise resource use and water reuse; (iii) prevent or reduce risks associated with the use of hazardous substances. (b) objectives and performance indicators in relation to significant environmental aspects, which shall take into account benchmarks set out in the relevant BAT conclusions and the life- cycle environmental performance of the supply chain; (c) obligation to conduct an energy audit or implement an energy management system pursuant to Article 8 of Directive 2012/27/EU, inclusion of the results of that audit or implementation of the energy management system pursuant to Article 8 and Annex VI of that Directive and of the measures to implement their recommendations; (d) 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; (e) measures taken to achieve the environmental objectives and avoid risks for human health or the environment, including corrective and preventive measures where needed; (f) to in Article 27d. 3. be made available on the Internet, free of charge and without restricting access to registered users..’deleted environmental policy objectives for for installations covered by the a chemicals inventory of the a transformation plan as referred The EMS of an installation shall

2022/12/09
Committee: ITRE

Massimiliano SALINI

Proposal for a directive
Article 1 – paragraph 1 – point 12

Directive 2010/75/EU
Article 15 – paragraph 3 – introductory part

TFollowing the publication of BAT Conclusions referred to in Article 13(5) derived under this Directive, 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 13(5). The emission limit values shall be based on an assessment by the operator of the whole BAT-AEL range analysing the feasibility of meeting the ~~strictest end of the BAT-AEL range and demonstrating the best performance the installation can achieve by applying BAT as described in BAT conclu~~lowest possible emission limit that the installation can achieve, under normal operating conditions, by applying BAT as described in BAT conclusions, while taking into account fluctuations of the performance of the best available techniques and the circumstances where the installation operates at the highest state of the emissions. The emission limit values shall be set through either of the following:

2022/12/09
Committee: ITRE

Massimiliano SALINI

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 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).deleted

2022/12/09
Committee: ITRE

Massimiliano SALINI

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

2022/12/09
Committee: ITRE

Massimiliano SALINI

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”

2022/12/09
Committee: ITRE

Massimiliano SALINI

Proposal for a directive
Article 1 – paragraph 1 – point 22

Directive 2010/75/EU
Article 27 d (new)

~~[...]~~deleted

2022/12/09
Committee: ITRE

Massimiliano SALINI

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].

2022/12/09
Committee: ITRE

Massimiliano SALINI

Proposal for a directive
Annex I – paragraph 1 – point b

Directive 2010/75/EU
Annex I – paragraph 2.3 – point (a a) (new)

~~(aa) operation of cold-rolling mills with a capacity exceeding 10 tonnes of crude steel per hour;~~deleted

2022/12/09
Committee: ITRE

Massimiliano SALINI

Proposal for a directive
Annex I – paragraph 1 – point b

Directive 2010/75/EU
Annex I – paragraph 2.3 – point (a b) (new)

~~(ab) operation of wire drawing machines with a capacity exceeding 2 tonnes of crude steel per hour;~~deleted

2022/12/09
Committee: ITRE

Massimiliano SALINI

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 ~~batterie~~cells (inexcluding assembling of battery ~~cell~~modules and battery packs), with a production capacity ~~of 3,5 GWh or more~~exceeding 10 GWh per year.;

2022/12/09
Committee: ITRE

Luisa REGIMENTI, Fulvio MARTUSCIELLO, Massimiliano SALINI

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;;

2022/12/14
Committee: ENVI

Luisa REGIMENTI, Fulvio MARTUSCIELLO, Massimiliano SALINI

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;.

2022/12/14
Committee: ENVI

Luisa REGIMENTI, Fulvio MARTUSCIELLO, Massimiliano SALINI

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 minaterials and precious stones;

2022/12/14
Committee: ENVI

Luisa REGIMENTI, Fulvio MARTUSCIELLO, Massimiliano SALINI

Proposal for a directive
Article 1 – paragraph 1 – point 3 – point f

Directive 2010/75/EU
Article 3 – paragraph 1 – point 50

(50) ‘emission levels associated with emerging techniques’ means the expected range of emission levels obtained under normal operating conditions using an emerging technique or a combination of emerging techniques, as described in BAT conclusions, expressed as an average over a given period of time, under specified reference conditions;

2022/12/20
Committee: ENVI

Luisa REGIMENTI, Fulvio MARTUSCIELLO, Massimiliano SALINI

Proposal for a directive
Article 1 – paragraph 1 – point 3 – point f

Directive 2010/75/EU
Article 3 – paragraph 1 – point 51

(51) ‘environmental performance levels associated with emerging techniques’ means the expected range of environmental performance levels, except emission levels, obtained under normal operating conditions using an emerging technique or a combination of emerging techniques, as described in BAT conclusions, expressed as an average over a given period of time, under specified reference conditions;

2022/12/20
Committee: ENVI

Luisa REGIMENTI, Fulvio MARTUSCIELLO, Massimiliano SALINI

Proposal for a directive
Article 1 – paragraph 1 – point 3 – point f

Directive 2010/75/EU
Article 3 – paragraph 1 – point 53 – introductory part

(53) ‘‘benchmarks’ means the indicative range of environmental performance levels, which are under the control of the operator, associated with best available techniques, other than emission levels, and may include:

2022/12/20
Committee: ENVI

Luisa REGIMENTI, Fulvio MARTUSCIELLO, Massimiliano SALINI

Proposal for a directive
Article 1 – paragraph 1 – point 3 – point f

Directive 2010/75/EU
Article 3 – paragraph 1 – point f

(f) other levels as described in BAT conclusions, expressed as an average over a given period of time, obtained under specified reference conditions, obtained under specified reference conditions.

2022/12/20
Committee: ENVI

Massimiliano SALINI, Fulvio MARTUSCIELLO, Luisa REGIMENTI

Proposal for a directive
Article 1 – paragraph 1 – point 3 – point f

Directive 2010/75/EU
Article 3 – paragraph 1 – point 53 a (new)

In Article 3, paragraph 1, point 53a (new) is inserted (53a) ‘Li-ion cell’ means the basic functional unit in a battery with Li-ions as charge carrier, constituted by electrodes, electrolyte, container, terminals and, if applicable, separators and containing the active materials the reaction of which generates electrical energy;

2022/12/20
Committee: ENVI

Luisa REGIMENTI, Fulvio MARTUSCIELLO, Massimiliano SALINI

Proposal for a directive
Article 1 – paragraph 1 – point 7

Directive 2010/75/EU
Article 9 – paragraph 2

~~(7) In Article 9, paragraph (2) is~~ deleted.

2022/12/20
Committee: ENVI

Luisa REGIMENTI, Fulvio MARTUSCIELLO, Massimiliano SALINI

Proposal for a directive
Article 1 – paragraph 1 – point 7

Directive 2010/75/EU
Article 9 – paragraph 2 a (new)

(7) In Article 9, paragraph 2a (new) is added: 2a. For activities listed in Annex I to Directive 2003/87/EC, Member States may choose not to impose requirements relating to energy efficiency in respect of combustion units or other units emitting carbon dioxide on the site in case installations are covered by the obligation to conduct an energy audit or implement an energy management system pursuant to Article 8 of Directive 2012/27/EU or the operator implements equivalent measures.

2022/12/20
Committee: ENVI

Luisa REGIMENTI, Massimiliano SALINI, Fulvio MARTUSCIELLO

Proposal for a directive
Article 1 – paragraph 1 – point 8

Directive 2010/75/EU
Article 11 – paragraph 1 – point f b

~~(fb) the overall life-cycle environmental performance of the supply chain is taken into account as appropria~~delete;d

2022/12/20
Committee: ENVI

Luisa REGIMENTI, Fulvio MARTUSCIELLO, Massimiliano SALINI

Proposal for a directive
Article 1 – paragraph 1 – point 8

Directive 2010/75/EU
Article 11 – paragraph 1 – point f c

~~(fc) an environmental management system is implemented as referred to in Article 14a..~~deleted

2022/12/20
Committee: ENVI

Massimiliano SALINI, Luisa REGIMENTI, Fulvio MARTUSCIELLO

Proposal for a directive
Article 1 – paragraph 1 – point 9 – point a

Dir. 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’.

2022/12/20
Committee: ENVI

Massimiliano SALINI, Fulvio MARTUSCIELLO

Proposal for a directive
Article 1 – paragraph 1 – point 9 – point b

Directive 2010/75/EU
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..

2022/12/20
Committee: ENVI

Luisa REGIMENTI, Fulvio MARTUSCIELLO, Massimiliano SALINI

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a – point i

Directive 2010/75/EU
Article 14 – paragraph 1 – subparagraph 1

Member States shall ensure that the permit includes all measures necessary to comply with the requirements of Article~~s 11 and~~ 18. To that effect, Member States shall ensure that permits are granted further to consultation of all relevant authorities who ensure compliance with Union environmental legislation~~, including with environmental quality standards.;~~.

2022/12/20
Committee: ENVI

Massimiliano SALINI, Luisa REGIMENTI, Fulvio MARTUSCIELLO

Proposal for a directive
Article 1 – paragraph 1 – point 11

Directive 2010/75/EU
Article 14a

(11) The following Article 14a is inserted: Article 14a Environmental management system 1. operator to prepare and implement, for each installation falling within the scope of this Chapter, an environmental management system (‘EMS’). The EMS shall comply with the provisions included in relevant BAT conclusions that determine aspects to be covered in the EMS. The EMS shall be reviewed periodically to ensure that it continues to be suitable, adequate and effective. 2. The EMS shall include at least the following: (a) the continuous improvement of the environmental performance and safety of the installation, which shall include measures to: (i) prevent the generation of waste; (ii) optimise resource use and water reuse; (iii) prevent or reduce risks associated with the use of hazardous substances. (b) objectives and performance indicators in relation to significant environmental aspects, which shall take into account benchmarks set out in the relevant BAT conclusions and the life- cycle environmental performance of the supply chain; (c) obligation to conduct an energy audit or implement an energy management system pursuant to Article 8 of Directive 2012/27/EU, inclusion of the results of that audit or implementation of the energy management system pursuant to Article 8 and Annex VI of that Directive and of the measures to implement their recommendations; (d) 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; (e) measures taken to achieve the environmental objectives and avoid risks for human health or the environment, including corrective and preventive measures where needed; (f) a transformation plan as referred to in Article 27d. 3. be made available on the Internet, free of charge and without restricting access to registered users.deleted Member States shall require the environmental policy objectives for for installations covered by the a chemicals inventory of the The EMS of an installation shall

2022/12/19
Committee: ENVI

Massimiliano SALINI, Fulvio MARTUSCIELLO, Luisa REGIMENTI

Proposal for a directive
Article 1 – paragraph 1 – point 12

Dir. 2010/75/EU
Article 15 – paragraph 3 – subparagraph 1 – introductory part

TFollowing the publication of BAT Conclusions referred to in Article 13(5) derived under this Directive 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 13(5). The emission limit values shall be based on an assessment by the operator of the whole BAT-AEL range analysing the feasibility of meeting the ~~strictest end of the BAT-AEL range and demonstrating the best performance the installation can achieve by applying BAT as described in BAT conclu~~lowest possible emission limit that the installation can achieve, under normal operating conditions, by applying BAT as described in BAT conclusions while taking into account fluctuations of the performance of the best available techniques and the circumstances where the installation operates at the highest state of the emissions. The emission limit values shall be set through either of the following:

2022/12/19
Committee: ENVI

Massimiliano SALINI, Luisa REGIMENTI, Fulvio MARTUSCIELLO

Proposal for a directive
Article 1 – paragraph 1 – point 12

Dir. 2010/75/EU
Article 15 – paragraph 3 a

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).deleted

2022/12/19
Committee: ENVI

Massimiliano SALINI, Fulvio MARTUSCIELLO, Luisa REGIMENTI

Proposal for a directive
Article 1 – paragraph 1 – point 12

Directive 2010/75/EU
Article 15 – paragraph 4 – subparagraph 1 – point b a (new)

(ba) investment cycle related to the sustainability transition of the operator’s group.

2022/12/19
Committee: ENVI

Massimiliano SALINI, Fulvio MARTUSCIELLO, Luisa REGIMENTI

Proposal for a directive
Article 1 – paragraph 1 – point 12

Directive 2010/75/EU
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 as a whole is achieved. Derogations shall not be granted ~~where they may~~in case it is proven that the specific contribution of the installation puts at risk compliance with environmental quality standards referred to in Article 18.

2022/12/19
Committee: ENVI

Massimiliano SALINI, Fulvio MARTUSCIELLO, Luisa REGIMENTI

Proposal for a directive
Article 1 – paragraph 1 – point 12

Dir. 2010/75/EU
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 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).

2022/12/19
Committee: ENVI

Massimiliano SALINI, Luisa REGIMENTI, Fulvio MARTUSCIELLO

Proposal for a directive
Article 1 – paragraph 1 – point 12

Dir. 2010/75/EU
Article 15 – paragraph 4 a (new)

4a. By way of derogation from paragraph 3, the competent authority may, 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 6months.

2022/12/19
Committee: ENVI

Luisa REGIMENTI, Fulvio MARTUSCIELLO, Massimiliano SALINI

Proposal for a directive
Article 1 – paragraph 1 – point 15

Directive 2010/75/EU
Article 18 – paragraph 1

Where an environmental quality standard requires stricter conditions than those achievable by the use of the best available techniques, additional measures shall be included in the permit with a view to reducing the specific contribution of the installation to the pollution occurring in the relevant area. without prejudice to other measures which may be taken to comply with environmental quality standards

2022/12/19
Committee: ENVI

Luisa REGIMENTI, Fulvio MARTUSCIELLO, Massimiliano SALINI

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 and the specific contribution of the installation is proven, 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 in order to achieve compliance with plans and programmes set under Union legislation~~.

2022/12/20
Committee: ENVI

Luisa REGIMENTI, Fulvio MARTUSCIELLO, Massimiliano SALINI

Proposal for a directive
Article 1 – paragraph 1 – point 21

Directive 2010/75/EU
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 inby the ~~BAT conclusions, the BAT reference documents or the findings of the innovation centre for industrial transformation and emissions referred to in Article 27a~~innovation centre for industrial transformation and emissions (‘INCITE’) referred to in Article 27a and included in the BAT reference documents. Member States may, where appropriate, encourage the application of emerging techniques where such techniques have been identified in the BAT conclusions.

2022/12/20
Committee: ENVI

Luisa REGIMENTI, Massimiliano SALINI, Fulvio MARTUSCIELLO

Proposal for a directive
Article 1 – paragraph 1 – point 22

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~~innovative techniques, including emerging techniques identified by the innovation centre for industrial transformation and emissions (‘INCITE’) referred to in Article 27a for a total period of time not exceeding 2436 months, subjected to extension depending on the Technology Readiness Levels of the specific technique.

2022/12/20
Committee: ENVI

Luisa REGIMENTI, Massimiliano SALINI, Fulvio MARTUSCIELLO

Proposal for a directive
Article 1 – paragraph 1 – point 22

Directive 2010/75/EU
Article 27 c – paragraph 1

By way of derogation from Article 21(3), the competent authority may set indicative 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~~comply with the indicative levels associated with emerging techniques as laid down in the decisions on BAT conclusions.

2022/12/20
Committee: ENVI

Massimiliano SALINI, Fulvio MARTUSCIELLO, Luisa REGIMENTI

Proposal for a directive
Article 1 – paragraph 1 – point 22

Directive 2010/75/EU
Article 27 d – number

~~Article 27~~deleted

2022/12/20
Committee: ENVI

Massimiliano SALINI, Fulvio MARTUSCIELLO, Luisa REGIMENTI

Proposal for a directive
Article 1 – paragraph 1 – point 22

~~Transformation towards a clean, circular and climate neutral industry~~deleted

2022/12/20
Committee: ENVI

Massimiliano SALINI, Fulvio MARTUSCIELLO, Luisa REGIMENTI

Proposal for a directive
Article 1 – paragraph 1 – point 22

Directive 2010/75/EU
Article 27 d – paragraph 1

1. 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. Member States shall take the necessary measures to ensure that by 31 December 2031, the audit organisation contracted by the operator as part of its environmental management system assesses the conformity of the transformation plans referred to in the first subparagraph of paragraph 1 with the requirements set out in the implementing act referred to in paragraph 4.deleted

2022/12/20
Committee: ENVI

Massimiliano SALINI, Fulvio MARTUSCIELLO, Luisa REGIMENTI

Proposal for a directive
Article 1 – paragraph 1 – point 22

Directive 2010/75/EU
Article 27 d – paragraph 2

2. 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. Member States shall take the necessary measures to ensure that the audit organisation contracted by the operator as part of its environmental management system assesses the conformity of the transformation plans referred to in the first subparagraph of paragraph 2 with the requirements set out in the implementing act referred to in paragraph 4.deleted

2022/12/20
Committee: ENVI

Massimiliano SALINI, Fulvio MARTUSCIELLO, Luisa REGIMENTI

Proposal for a directive
Article 1 – paragraph 1 – point 22

Directive 2010/75/EU
Article 27 d – paragraph 3

~~3. The operator shall make its transformation plan as well as the results of the assessment referred to in paragraphs 1 and 2 public, as part of the publication of its environmental management system.~~deleted

2022/12/20
Committee: ENVI

Massimiliano SALINI, Fulvio MARTUSCIELLO, Luisa REGIMENTI

Proposal for a directive
Article 1 – paragraph 1 – point 22

Directive 2010/75/EU
Article 27 d – paragraph 4

4. The Commission shall by 30 June 2028, adopt an implementing act establishing the format for the transformation plans. This implementing act shall be adopted in accordance with the examination procedure referred to in Article 75(2)..deleted

2022/12/20
Committee: ENVI

Luisa REGIMENTI, Fulvio MARTUSCIELLO, Massimiliano SALINI

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~~deleted it has or 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 acc~~expected to have an its environmental perfordmance with Article 76, to amend Annex I or Annex Ia by including in those Annexes an agro- industrial activity that meets the following criteria: (a) impact on human health or the environment, in particular as a consequence of pollutant emissions and use of resources; (b) diverges within the Union; (c) improvement in terms of its environmental impact through the application of best available techniques or innovative techniques; (d) this Directive is assessed, on the basis of its environmental, economic and social impacts, to have a favourable ratio of societal benefits to economic costs. presents potential for its inclusion within the scope of

2022/12/20
Committee: ENVI

Luisa REGIMENTI, Massimiliano SALINI, Fulvio MARTUSCIELLO

Proposal for a directive
Article 1 – paragraph 1 – point 31

Directive 2010/75/EU
Article 79 – paragraph 1

1. Without prejudice to the obligations of Member States under Directive 2008/99/EC of the European Parliament and of the Council of 19 November 2008 on the protection of the environment through criminal law, Member States shall lay down rules on penalties applicable to violations of national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are applied. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall without delay notify the Commission of those rules and of those provisions, and shall notify without delay any subsequent amendment affecting them. Member States shall ensure that any criminal and administrative sanctions respect the provisions of the Charter of Fundamental Rights of the European Union, including but not limited to the ne bis in idem principle and the proportionality principle. Member States shall ensure that any criminal sanctions are imposed only if culpability of the person responsible for the violation has been established.

2022/12/20
Committee: ENVI

Luisa REGIMENTI, Fulvio MARTUSCIELLO, Massimiliano SALINI

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 natur~~nover of the legal person or to the income of the natural person having committed the infringement~~e and severity of the violation concerned, and not exceed the level necessary for fines to be effective and dissuasive. 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 at least 8 % of the operator’s annual turnover in the Member State concerned~~ of the same nature.

2022/12/20
Committee: ENVI

Massimiliano SALINI, Luisa REGIMENTI, Fulvio MARTUSCIELLO

Proposal for a directive
Article 3 a (new)

Article 3 a 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].

2022/12/21
Committee: ENVI

Massimiliano SALINI, Luisa REGIMENTI, Fulvio MARTUSCIELLO

Proposal for a directive
Annex I – paragraph 1 – point b

Directive 2010/75/EU
Annex I – paragraph 3 – subparagraph 2 – point 2.3 – point a a

~~(aa) operation of cold-rolling mills with a capacity exceeding 10 tonnes of crude steel per hour;~~deleted

2022/12/21
Committee: ENVI

Massimiliano SALINI, Fulvio MARTUSCIELLO, Luisa REGIMENTI

Proposal for a directive
Annex I – paragraph 1 – point b

Directive 2010/75/EU
Annex I – paragraph 1 – subparagraph 2 – point 2.3 – point a b

~~(ab) operation of wire drawing machines with a capacity exceeding 2 tonnes of crude steel per hour;~~deleted

2022/12/21
Committee: ENVI

Massimiliano SALINI, Luisa REGIMENTI, Fulvio MARTUSCIELLO

Proposal for a directive
Annex I – paragraph 1 – point b

Directive 2010/75/EU
Annex I – paragraph 1 – subparagraph 2 – point 2.3 – point b

(b) operation of smitheries with hammers the energy of which exceeds 250 kilojoule per hammer;

2022/12/21
Committee: ENVI

Massimiliano SALINI, Fulvio MARTUSCIELLO, Luisa REGIMENTI

Proposal for a directive
Annex I – paragraph 1 – point b

Directive 2010/75/EU
Annex I – paragraph 1 – subparagraph 2 – point 2.3 – point b a

~~(ba) operation of smitheries with forging presses the force of which exceeds 10 mega-newton (MN) per press;’.~~deleted

2022/12/21
Committee: ENVI

Massimiliano SALINI, Fulvio MARTUSCIELLO, Luisa REGIMENTI

Proposal for a directive
Annex I – paragraph 1 – point c

Directive 2010/75/EU
Annex I – paragraph 3 – subparagraph 2 – point 2.7

2.7. Manufacture of lithium-ion ~~batterie~~cells (inexcluding assembling of battery ~~cell~~modules and battery packs), with a production capacity ~~of 3,5~~exceeding 10 GWh or more per year;

2022/12/21
Committee: ENVI

54 Amendments of Massimiliano SALINI related to 2022/0104(COD)

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