[ParlTrack]

Peter JAHR, Norbert LINS, Christine SCHNEIDER, Marlene MORTLER, Lena DÜPONT

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. 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 of its requirements throughout the Union, it is necessary to ~~adapt~~facilitate the burden of proof applicable to such situations. Therefore, when an individual can provide sufficiently robust evidence to give rise to a presumption that the violation of Directive 2010/75/EU is at the origins of the damage caused to the health of an individual, or has significantly contributed to it, it should be for the defendant to rebut that presumption in order to escape his liability.

2022/11/18
Committee: AGRI

Dennis RADTKE, Jens GIESEKE, Norbert LINS, Ralf SEEKATZ, Markus PIEPER, Angelika NIEBLER, Marlene MORTLER, Sven SIMON, Christian EHLER, Karolin BRAUNSBERGER-REINHOLD, Christian DOLESCHAL, Christine SCHNEIDER, Monika HOHLMEIER

Proposal for a directive
Article 1 – paragraph 1 – point 5

Directive 2010/75/EU
Article 5 – paragraph (4) (new)

(5) In Article 5, the following paragraph (4) is added: ‘4. 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. In addition, a summary of each permit shall be made available to the public under the same condtions. That summary shall include at least the following: (a) conditions; (b) environmental performancedeleted an overview of the main permit the emission limits values; (c) accordance with Article 15(4); (d) (e) and updating of the permit. The Commission shall adopt an implementing act to establish the format to be used for the summary referred to in the second subparagraph. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 75(2)..’ and any derogations granted in the applicable BAT conclusions; the provisions for reconsideration

2022/12/09
Committee: ITRE

Dennis RADTKE, Jens GIESEKE, Norbert LINS, Ralf SEEKATZ, Markus PIEPER, Angelika NIEBLER, Marlene MORTLER, Sven SIMON, Christian EHLER, Karolin BRAUNSBERGER-REINHOLD, Christian DOLESCHAL, Christine SCHNEIDER, Monika HOHLMEIER, Marion WALSMANN

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)

(8) In Article 11, the following points (fa), (fb) and (fc) are inserted: ‘(fa) material resources and water are used efficiently, including through re-use; (fb) environmental performance of the supply chain is taken into account as appropriate; (fc) system is implemented as referred to in Article 14a..’deleted the overall life-cycle an environmental management

2022/12/09
Committee: ITRE

Dennis RADTKE, Jens GIESEKE, Norbert LINS, Ralf SEEKATZ, Markus PIEPER, Angelika NIEBLER, Marlene MORTLER, Sven SIMON, Christian EHLER, Karolin BRAUNSBERGER-REINHOLD, Christian DOLESCHAL, Christine SCHNEIDER, Monika HOHLMEIER, Marion WALSMANN

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

Dennis RADTKE, Jens GIESEKE, Norbert LINS, Ralf SEEKATZ, Markus PIEPER, Angelika NIEBLER, Marlene MORTLER, Sven SIMON, Christian EHLER, Karolin BRAUNSBERGER-REINHOLD, Christian DOLESCHAL, Christine SCHNEIDER, Monika HOHLMEIER, Marion WALSMANN

~~(iii) the following point (aa) is inserted: ‘(aa) environmental performance limit values;;’~~deleted

2022/12/09
Committee: ITRE

Dennis RADTKE, Jens GIESEKE, Norbert LINS, Ralf SEEKATZ, Markus PIEPER, Angelika NIEBLER, Marlene MORTLER, Sven SIMON, Christian EHLER, Karolin BRAUNSBERGER-REINHOLD, Christian DOLESCHAL, Christine SCHNEIDER, Monika HOHLMEIER, Marion WALSMANN

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)

~~(v) the following point (ba) is inserted: ‘(ba) appropriate requirements for an environmental management system as laid down in Article 14a;;’~~deleted

2022/12/09
Committee: ITRE

Dennis RADTKE, Jens GIESEKE, Norbert LINS, Ralf SEEKATZ, Markus PIEPER, Angelika NIEBLER, Marlene MORTLER, Sven SIMON, Christian EHLER, Karolin BRAUNSBERGER-REINHOLD, Christian DOLESCHAL, Christine SCHNEIDER, Monika HOHLMEIER, Marion WALSMANN

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)

~~(vi) the following point (bb) is inserted: ‘(bb) suitable monitoring requirements for the consumption and reuse of resources such as energy, water and raw materials;;’~~deleted

2022/12/09
Committee: ITRE

Dennis RADTKE, Jens GIESEKE, Norbert LINS, Ralf SEEKATZ, Markus PIEPER, Angelika NIEBLER, Marlene MORTLER, Sven SIMON, Christian EHLER, Karolin BRAUNSBERGER-REINHOLD, Christian DOLESCHAL, Christine SCHNEIDER, Monika HOHLMEIER, Marion WALSMANN

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)

(vii) in point (d), the following subpoint (iii) is added: ‘(iii) information on progress towards fulfilment of the environmental policy objectives referred to in Article 14a. Such information shall be made public;;’deleted

2022/12/09
Committee: ITRE

Dennis RADTKE, Jens GIESEKE, Norbert LINS, Ralf SEEKATZ, Markus PIEPER, Angelika NIEBLER, Marlene MORTLER, Sven SIMON, Christian EHLER, Karolin BRAUNSBERGER-REINHOLD, Christian DOLESCHAL, Christine SCHNEIDER, Monika HOHLMEIER, Marion WALSMANN

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) 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 or installations covered by the a chemicals inventory of the measures taken to achieve the a transformation plan as referred The EMS of an installation shall

2022/12/09
Committee: ITRE

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 agro- industrial activities thus requires their inclusion within the scope of that Directive.~~ __________________ 69 Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control); OJ L 334, 17.12.2010, p. 17-119.

2022/12/14
Committee: ENVI

Dennis RADTKE, Jens GIESEKE, Norbert LINS, Ralf SEEKATZ, Markus PIEPER, Angelika NIEBLER, Marlene MORTLER, Sven SIMON, Christian EHLER, Karolin BRAUNSBERGER-REINHOLD, Christian DOLESCHAL, Christine SCHNEIDER, Monika HOHLMEIER, Marion WALSMANN

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

Directive 2010/75/EU
Article 15 – paragraph 3

3. 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 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 conclusions. The emission limit values shall be set through either of the following: (a) expressed for the same or shorter periods of time and under the same reference conditions as the emission levels associated with the best available techniques; or (b) values than those referred to under point (a) in terms of values, periods of time and reference conditions. Where the emission limit values are set in accordance with point (b), 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.deleted setting emission limit values setting different emission limit

2022/12/09
Committee: ITRE

Proposal for a directive
Recital 4

(4) Rearing of pigs, poultry and cattle ~~cause significant~~, while contributing to food security, cause 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, design like free- ventilated stables, trade-offs with animal welfare 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.

2022/12/14
Committee: ENVI

Dennis RADTKE, Jens GIESEKE, Norbert LINS, Ralf SEEKATZ, Markus PIEPER, Angelika NIEBLER, Marlene MORTLER, Sven SIMON, Christian EHLER, Karolin BRAUNSBERGER-REINHOLD, Christian DOLESCHAL, Christine SCHNEIDER, Monika HOHLMEIER, Marion WALSMANN

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

Dennis RADTKE, Jens GIESEKE, Norbert LINS, Ralf SEEKATZ, Markus PIEPER, Angelika NIEBLER, Marlene MORTLER, Sven SIMON, Christian EHLER, Karolin BRAUNSBERGER-REINHOLD, Christian DOLESCHAL, Christine SCHNEIDER, Monika HOHLMEIER, Marion WALSMANN

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

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

~~Article 27c~~deleted

2022/12/09
Committee: ITRE

Dennis RADTKE, Jens GIESEKE, Norbert LINS, Ralf SEEKATZ, Markus PIEPER, Angelika NIEBLER, Marlene MORTLER, Sven SIMON, Christian EHLER, Karolin BRAUNSBERGER-REINHOLD, Christian DOLESCHAL, Christine SCHNEIDER, Monika HOHLMEIER, Marion WALSMANN

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

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

~~Emission levels associated with emerging techniques~~deleted

2022/12/09
Committee: ITRE

Dennis RADTKE, Jens GIESEKE, Norbert LINS, Ralf SEEKATZ, Markus PIEPER, Angelika NIEBLER, Marlene MORTLER, Sven SIMON, Christian EHLER, Karolin BRAUNSBERGER-REINHOLD, Christian DOLESCHAL, Christine SCHNEIDER, Monika HOHLMEIER, Marion WALSMANN

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 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.deleted

2022/12/09
Committee: ITRE

Dennis RADTKE, Jens GIESEKE, Norbert LINS, Ralf SEEKATZ, Markus PIEPER, Angelika NIEBLER, Marlene MORTLER, Sven SIMON, Christian EHLER, Karolin BRAUNSBERGER-REINHOLD, Christian DOLESCHAL, Christine SCHNEIDER, Monika HOHLMEIER, Marion WALSMANN

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

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

~~Article 27~~deleted

2022/12/09
Committee: ITRE

Dennis RADTKE, Jens GIESEKE, Norbert LINS, Ralf SEEKATZ, Markus PIEPER, Angelika NIEBLER, Marlene MORTLER, Sven SIMON, Christian EHLER, Karolin BRAUNSBERGER-REINHOLD, Christian DOLESCHAL, Christine SCHNEIDER, Monika HOHLMEIER, Marion WALSMANN

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

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

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

2022/12/09
Committee: ITRE

Dennis RADTKE, Jens GIESEKE, Norbert LINS, Ralf SEEKATZ, Markus PIEPER, Angelika NIEBLER, Marlene MORTLER, Sven SIMON, Christian EHLER, Karolin BRAUNSBERGER-REINHOLD, Christian DOLESCHAL, Christine SCHNEIDER, Monika HOHLMEIER, Marion WALSMANN

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

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

2022/12/09
Committee: ITRE

Dennis RADTKE, Jens GIESEKE, Norbert LINS, Ralf SEEKATZ, Markus PIEPER, Angelika NIEBLER, Marlene MORTLER, Sven SIMON, Christian EHLER, Karolin BRAUNSBERGER-REINHOLD, Christian DOLESCHAL, Christine SCHNEIDER, Monika HOHLMEIER, Marion WALSMANN

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

Directive 2010/75/EU
Article 27d (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.deleted

2022/12/09
Committee: ITRE

Dennis RADTKE, Jens GIESEKE, Norbert LINS, Ralf SEEKATZ, Markus PIEPER, Angelika NIEBLER, Marlene MORTLER, Sven SIMON, Christian EHLER, Karolin BRAUNSBERGER-REINHOLD, Christian DOLESCHAL, Christine SCHNEIDER, Monika HOHLMEIER, Marion WALSMANN

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 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

2022/12/09
Committee: ITRE

Dennis RADTKE, Jens GIESEKE, Norbert LINS, Ralf SEEKATZ, Markus PIEPER, Angelika NIEBLER, Marlene MORTLER, Sven SIMON, Christian EHLER, Karolin BRAUNSBERGER-REINHOLD, Christian DOLESCHAL, Christine SCHNEIDER, Monika HOHLMEIER, Marion WALSMANN

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

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

2022/12/09
Committee: ITRE

Dennis RADTKE, Jens GIESEKE, Norbert LINS, Ralf SEEKATZ, Markus PIEPER, Angelika NIEBLER, Marlene MORTLER, Sven SIMON, Christian EHLER, Karolin BRAUNSBERGER-REINHOLD, Christian DOLESCHAL, Christine SCHNEIDER, Monika HOHLMEIER, Marion WALSMANN

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.deleted

2022/12/09
Committee: ITRE

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, 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 and pigs. 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 principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 201677 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. __________________ 77 Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making; OJ L 123, 12.5.2016, p. 1–14.

2022/12/14
Committee: ENVI

Dennis RADTKE, Jens GIESEKE, Norbert LINS, Ralf SEEKATZ, Markus PIEPER, Angelika NIEBLER, Marlene MORTLER, Sven SIMON, Christian EHLER, Karolin BRAUNSBERGER-REINHOLD, Christian DOLESCHAL, Christine SCHNEIDER, Monika HOHLMEIER, Marion WALSMANN

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

Directive 2010/75/EU
Article 27 d (new) – paragraph 2 – second part

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

2022/12/09
Committee: ITRE

Dennis RADTKE, Jens GIESEKE, Norbert LINS, Ralf SEEKATZ, Markus PIEPER, Angelika NIEBLER, Marlene MORTLER, Sven SIMON, Christian EHLER, Karolin BRAUNSBERGER-REINHOLD, Christian DOLESCHAL, Christine SCHNEIDER, Monika HOHLMEIER, Marion WALSMANN

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 and 2 public, as part of the publication of its environmental management system.~~deleted

2022/12/09
Committee: ITRE

Peter JAHR, Norbert LINS, Christine SCHNEIDER, Marlene MORTLER, Lena DÜPONT

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 ~~responsible for the viol~~who made the allegation to prove that the violation did ~~not~~ cause or contribute to the damage.

2022/11/18
Committee: AGRI

Dennis RADTKE, Jens GIESEKE, Norbert LINS, Ralf SEEKATZ, Markus PIEPER, Angelika NIEBLER, Marlene MORTLER, Sven SIMON, Christian EHLER, Karolin BRAUNSBERGER-REINHOLD, Christian DOLESCHAL, Christine SCHNEIDER, Monika HOHLMEIER, Marion WALSMANN

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 transformation plans. This implementing act shall be adopted in accordance with the examination procedure referred to in Article 75(2)..deleted

2022/12/09
Committee: ITRE

Marlene MORTLER, Peter JAHR, Christine SCHNEIDER, Norbert LINS, Angelika NIEBLER, Dennis RADTKE, Peter LIESE, Ralf SEEKATZ, Karolin BRAUNSBERGER-REINHOLD, Sven SIMON

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 orf 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 of its requirements throughout the Union, it is necessary to ~~adapt~~facilitate the burden of proof applicable to such situations. Therefore, when an individual can provide sufficiently robust evidence to give rise to a presumption that the violation of Directive 2010/75/EU is at the origins of the damage caused to the health of an individual, or has significantly contributed to it, it should be for the defendant to rebut that presumption in order to escape his liability.

2022/12/14
Committee: ENVI

Dennis RADTKE, Jens GIESEKE, Norbert LINS, Ralf SEEKATZ, Markus PIEPER, Angelika NIEBLER, Marlene MORTLER, Sven SIMON, Christian EHLER, Karolin BRAUNSBERGER-REINHOLD, Christian DOLESCHAL, Christine SCHNEIDER, Monika HOHLMEIER, Marion WALSMANN

Proposal for a directive
Article 1 – paragraph 1 – point 32

Directive 2010/75/EU
Article 79 a (new) – paragraph 2

2. Member States shall ensure that, as part of the public concerned, non- governmental organisations promoting the protection of human health or the environment and meeting any requirements under national law are allowed to represent the individuals affected and bring collective actions for compensation. Member States shall ensure that a claim for a violation leading to a damage cannot be pursued twice, by the individuals affected and by the non- governmental organisations referred to in this paragraph.deleted

2022/12/09
Committee: ITRE

Dennis RADTKE, Jens GIESEKE, Norbert LINS, Ralf SEEKATZ, Markus PIEPER, Angelika NIEBLER, Marlene MORTLER, Sven SIMON, Christian EHLER, Karolin BRAUNSBERGER-REINHOLD, Christian DOLESCHAL, Christine SCHNEIDER, Monika HOHLMEIER, Marion WALSMANN

Proposal for a directive
Article 1 – paragraph 1 – point 32

Directive 2010/75/EU
Article 79 a (new) – 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 responsible for the violation to prove that the violation did not cause or contribute to the damage.deleted

2022/12/09
Committee: ITRE

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;;

2022/12/14
Committee: ENVI

Dennis RADTKE, Jens GIESEKE, Norbert LINS, Ralf SEEKATZ, Markus PIEPER, Angelika NIEBLER, Marlene MORTLER, Sven SIMON, Christian EHLER, Karolin BRAUNSBERGER-REINHOLD, Christian DOLESCHAL, Christine SCHNEIDER, Monika HOHLMEIER, Marion WALSMANN, Hildegard BENTELE

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

Directive 2010/75/EU
Annex I – paragraph 3.6 (new)

(e) the following point 3.6. is inserted: ‘3.6. Extraction and treatment (operations such as comminution, size control, beneficiation and upgrading) of the following non-energy minerals: (a) industrial minerals, including barite, bentonite, diatomite, feldspar, fluorspar, graphite, gypsum, kaolin, magnesite, perlite, potash, salt, sulphur and talc; (b) metalliferous ores, including bauxite, chromium, cobalt, copper, gold, iron, lead, lithium, manganese, nickel, palladium, platinum, tin, tungsten and zinc.’;’deleted

2022/12/09
Committee: ITRE

Dennis RADTKE, Jens GIESEKE, Norbert LINS, Ralf SEEKATZ, Markus PIEPER, Angelika NIEBLER, Marlene MORTLER, Sven SIMON, Christian EHLER, Karolin BRAUNSBERGER-REINHOLD, Christian DOLESCHAL, Christine SCHNEIDER, Monika HOHLMEIER, Marion WALSMANN

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..

2022/12/09
Committee: ITRE

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

Directive 2010/75/EU
Article 3 – paragraph 1 – point 23 b

~~(23b) ‘cattle’ means domestic animals of the species Bos taurus;~~deleted

2022/12/14
Committee: ENVI

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 the grazing equivalent of one adult dairy cow producing 3 000 kg of milk annually, without additional concentrated foodstuffs, which is used to express the size of farms rearing different categories of animals, using the conversion rates, with reference to actual production within the calendar year, set out in Annex II to Commission Implementing Regulation (EU) No 808/2014**’. ** Commission Implementing Regulation (EU) No 808/2014 of 17 July 2014 laying down rules for the application of Regulation (EU) No 1305/2013 of the European Parliament and of the Council on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) (OJ L 227 31.7.2014, p. 18).deleted

2022/12/14
Committee: ENVI

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 covered only by Chapter V ~~or Chapter VIa.’~~.

2022/12/20
Committee: ENVI

Jens GIESEKE, Dennis RADTKE, Norbert LINS, Markus PIEPER, Angelika NIEBLER, Marlene MORTLER, Sven SIMON, Christian EHLER, Karolin BRAUNSBERGER-REINHOLD, Christian DOLESCHAL, Christine SCHNEIDER, Monika HOHLMEIER, Marion WALSMANN, Daniel CASPARY, Peter LIESE, Hildegard BENTELE

Proposal for a directive
Article 1 – paragraph 1 – point 5

Directive 2010/75/EU
Article 5 – paragraph 4

(5) In Article 5, the following paragraph (4) is added: ‘ 4. 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. In addition, a summary of each permit shall be made available to the public under the same condtions. That summary shall include at least the following: (a) conditions; (b) environmental performancedeleted an overview of the main permit the emission limits values; (c) accordance with Article 15(4); (d) (e) and updating of the permit. The Commission shall adopt an implementing act to establish the format to be used for the summary referred to in the second subparagraph. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 75(2).. ’ and any derogations granted in the applicable BAT conclusions; the provisions for reconsideration

2022/12/20
Committee: ENVI

Jens GIESEKE, Dennis RADTKE, Norbert LINS, Markus PIEPER, Angelika NIEBLER, Marlene MORTLER, Sven SIMON, Christian EHLER, Karolin BRAUNSBERGER-REINHOLD, Christian DOLESCHAL, Christine SCHNEIDER, Monika HOHLMEIER, Marion WALSMANN, Daniel CASPARY, Peter LIESE, Hildegard BENTELE

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

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

~~(fa) material resources and water are used efficiently, including through re-use;~~deleted

2022/12/20
Committee: ENVI

Jens GIESEKE, Dennis RADTKE, Norbert LINS, Markus PIEPER, Angelika NIEBLER, Marlene MORTLER, Sven SIMON, Christian EHLER, Karolin BRAUNSBERGER-REINHOLD, Christian DOLESCHAL, Christine SCHNEIDER, Monika HOHLMEIER, Marion WALSMANN, Daniel CASPARY, Peter LIESE, Hildegard BENTELE

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

Jens GIESEKE, Dennis RADTKE, Norbert LINS, Markus PIEPER, Angelika NIEBLER, Marlene MORTLER, Sven SIMON, Christian EHLER, Karolin BRAUNSBERGER-REINHOLD, Christian DOLESCHAL, Christine SCHNEIDER, Monika HOHLMEIER, Marion WALSMANN, Daniel CASPARY, Peter LIESE, Hildegard BENTELE

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

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

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

2022/12/20
Committee: ENVI

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

Jens GIESEKE, Peter LIESE, Daniel CASPARY, Marion WALSMANN, Monika HOHLMEIER, Christine SCHNEIDER, Christian DOLESCHAL, Karolin BRAUNSBERGER-REINHOLD, Christian EHLER, Sven SIMON, Marlene MORTLER, Angelika NIEBLER, Markus PIEPER, Norbert LINS, Dennis RADTKE, Hildegard BENTELE

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

Jens GIESEKE, Peter LIESE, Daniel CASPARY, Marion WALSMANN, Monika HOHLMEIER, Christine SCHNEIDER, Christian DOLESCHAL, Karolin BRAUNSBERGER-REINHOLD, Christian EHLER, Sven SIMON, Marlene MORTLER, Angelika NIEBLER, Markus PIEPER, Norbert LINS, Dennis RADTKE, Hildegard BENTELE

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

~~(iii) the following point (aa) is inserted: ‘(aa) environmental performance limit values;;’~~deleted

2022/12/20
Committee: ENVI

Jens GIESEKE, Dennis RADTKE, Norbert LINS, Angelika NIEBLER, Markus PIEPER, Marlene MORTLER, Sven SIMON, Christian EHLER, Karolin BRAUNSBERGER-REINHOLD, Christian DOLESCHAL, Christine SCHNEIDER, Monika HOHLMEIER, Marion WALSMANN, Daniel CASPARY, Peter LIESE, Hildegard BENTELE

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

~~(v) the following point (bb) is inserted: ‘(bb) appropriate requirements for an environmental management system as laid down in Article 14a;;’~~deleted

2022/12/20
Committee: ENVI

Jens GIESEKE, Dennis RADTKE, Norbert LINS, Markus PIEPER, Angelika NIEBLER, Marlene MORTLER, Sven SIMON, Christian EHLER, Karolin BRAUNSBERGER-REINHOLD, Christian DOLESCHAL, Christine SCHNEIDER, Monika HOHLMEIER, Marion WALSMANN, Daniel CASPARY, Peter LIESE, Hildegard BENTELE

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

~~(vi) the following point (bc) is inserted: (bc) suitable monitoring requirements for the consumption and reuse of resources such as energy, water and raw materials;~~deleted

2022/12/20
Committee: ENVI

Jens GIESEKE, Dennis RADTKE, Norbert LINS, Markus PIEPER, Angelika NIEBLER, Marlene MORTLER, Sven SIMON, Christian EHLER, Karolin BRAUNSBERGER-REINHOLD, Christian DOLESCHAL, Christine SCHNEIDER, Monika HOHLMEIER, Marion WALSMANN, Daniel CASPARY, Peter LIESE, Hildegard BENTELE

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

~~(vii) in point (d), the following subpoint (iii) is added: (iii) fulfilment of the environmental policy objectives referred to in Article 14a. Such information shall be made public;;~~deleted information on progress towards

2022/12/19
Committee: ENVI

Jens GIESEKE, Dennis RADTKE, Norbert LINS, Markus PIEPER, Angelika NIEBLER, Marlene MORTLER, Sven SIMON, Christian EHLER, Karolin BRAUNSBERGER-REINHOLD, Christian DOLESCHAL, Christine SCHNEIDER, Monika HOHLMEIER, Marion WALSMANN, Daniel CASPARY, Peter LIESE, Hildegard BENTELE

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. 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 indicatdeleted Member States shall require the The EMS shall include at least the environmental policy objectives for fors 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.stallations covered by the a chemicals inventory of the a transformation plan as referred The EMS of an installation shall

2022/12/19
Committee: ENVI

Jens GIESEKE, Dennis RADTKE, Norbert LINS, Markus PIEPER, Angelika NIEBLER, Marlene MORTLER, Sven SIMON, Christian EHLER, Karolin BRAUNSBERGER-REINHOLD, Christian DOLESCHAL, Christine SCHNEIDER, Monika HOHLMEIER, Marion WALSMANN, Daniel CASPARY, Peter LIESE, Hildegard BENTELE

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

Directive 2010/75/EU
Article 15 – paragraph 3

3. 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 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 conclusions. The emission limit values shall be set through either of the following: (a) expressed for the same or shorter periods of time and under the same reference conditions as the emission levels associated with the best available techniques; or (b) values than those referred to under point (a) in terms of values, periods of time and reference conditions. Where the emission limit values are set in accordance with point (b), 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.deleted setting emission limit values setting different emission limit

2022/12/19
Committee: ENVI

Jens GIESEKE, Dennis RADTKE, Norbert LINS, Markus PIEPER, Angelika NIEBLER, Marlene MORTLER, Sven SIMON, Christian EHLER, Karolin BRAUNSBERGER-REINHOLD, Christian DOLESCHAL, Christine SCHNEIDER, Monika HOHLMEIER, Marion WALSMANN, Daniel CASPARY, Peter LIESE, Hildegard BENTELE

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

2022/12/19
Committee: ENVI

Jens GIESEKE, Dennis RADTKE, Norbert LINS, Markus PIEPER, Angelika NIEBLER, Marlene MORTLER, Sven SIMON, Christian EHLER, Karolin BRAUNSBERGER-REINHOLD, Christian DOLESCHAL, Christine SCHNEIDER, Monika HOHLMEIER, Marion WALSMANN, Daniel CASPARY, Peter LIESE, Hildegard BENTELE

Proposal for a directive
Article 1 – paragraph 1 – point 15 d (new)

Directive 2010/75/EU
Article 21 – paragraph 3 a (new)

(15d) In Article 21, paragraph 3 a (new) is inserted as follows: 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.

2022/12/20
Committee: ENVI

Jens GIESEKE, Dennis RADTKE, Norbert LINS, Markus PIEPER, Angelika NIEBLER, Marlene MORTLER, Sven SIMON, Christian EHLER, Karolin BRAUNSBERGER-REINHOLD, Christian DOLESCHAL, Christine SCHNEIDER, Monika HOHLMEIER, Marion WALSMANN, Daniel CASPARY, Peter LIESE, Hildegard BENTELE

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

Directive 2010/75/EU
Article 27 c – title

~~Emission levels associated with emerging techniques~~deleted

2022/12/20
Committee: ENVI

Jens GIESEKE, Dennis RADTKE, Norbert LINS, Markus PIEPER, Angelika NIEBLER, Marlene MORTLER, Sven SIMON, Christian EHLER, Karolin BRAUNSBERGER-REINHOLD, Christian DOLESCHAL, Christine SCHNEIDER, Monika HOHLMEIER, Marion WALSMANN, Daniel CASPARY, Peter LIESE, Hildegard BENTELE

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 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.deleted

2022/12/20
Committee: ENVI

Jens GIESEKE, Dennis RADTKE, Norbert LINS, Markus PIEPER, Angelika NIEBLER, Marlene MORTLER, Sven SIMON, Christian EHLER, Karolin BRAUNSBERGER-REINHOLD, Christian DOLESCHAL, Christine SCHNEIDER, Monika HOHLMEIER, Marion WALSMANN, Daniel CASPARY, Peter LIESE, Hildegard BENTELE

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

Directive 2010/75/EU
Article 27d – number

~~Article 27~~ deleted

2022/12/20
Committee: ENVI

Jens GIESEKE, Dennis RADTKE, Norbert LINS, Markus PIEPER, Angelika NIEBLER, Marlene MORTLER, Sven SIMON, Christian EHLER, Karolin BRAUNSBERGER-REINHOLD, Christian DOLESCHAL, Christine SCHNEIDER, Monika HOHLMEIER, Marion WALSMANN, Daniel CASPARY, Peter LIESE, Hildegard BENTELE

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

Directive 2010/75/EU
Article 27 d – title

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

2022/12/20
Committee: ENVI

Jens GIESEKE, Dennis RADTKE, Norbert LINS, Markus PIEPER, Angelika NIEBLER, Marlene MORTLER, Sven SIMON, Christian EHLER, Karolin BRAUNSBERGER-REINHOLD, Christian DOLESCHAL, Christine SCHNEIDER, Monika HOHLMEIER, Marion WALSMANN, Daniel CASPARY, Peter LIESE, Hildegard BENTELE

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

Jens GIESEKE, Dennis RADTKE, Norbert LINS, Markus PIEPER, Angelika NIEBLER, Marlene MORTLER, Sven SIMON, Christian EHLER, Karolin BRAUNSBERGER-REINHOLD, Christian DOLESCHAL, Christine SCHNEIDER, Monika HOHLMEIER, Marion WALSMANN, Daniel CASPARY, Peter LIESE, Hildegard BENTELE

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

Jens GIESEKE, Dennis RADTKE, Norbert LINS, Markus PIEPER, Angelika NIEBLER, Marlene MORTLER, Sven SIMON, Christian EHLER, Karolin BRAUNSBERGER-REINHOLD, Christian DOLESCHAL, Christine SCHNEIDER, Monika HOHLMEIER, Marion WALSMANN, Daniel CASPARY, Peter LIESE, Hildegard BENTELE

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

Proposal for a directive
Article 1 – paragraph 1 – point 24

Directive 2010/75/EU
Chapter VIa – title

SPECIAL PROVISIONS FOR INTENSIVE REARING OF POULTRY, AND PIGS ~~AND CATTLE~~

2022/12/20
Committee: ENVI

Proposal for a directive
Article 1 – paragraph 1 – point 25

Directive 2010/75/EU
Article 70a – paragraph 1

This Chapter shall apply to the ~~activities set out in Annex Ia which reach the capacity thresholds set out in that Annex.~~ intensive rearing of poultry and pigs: (a) with more than 40000 places for poultry, (b) with more than 2000 places for production pigs (over 30 kg), or (c) with more than 750 places for sows.

2022/12/20
Committee: ENVI

Proposal for a directive
Article 1 – paragraph 1 – point 25

Directive 2010/75/EU
Article 70b

Article 70b Aggregation rule 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.deleted

2022/12/20
Committee: ENVI

Proposal for a directive
Article 1 – paragraph 1 – point 25

Directive 2010/75/EU
Article 70b – title

~~Aggregation rule~~deleted

2022/12/20
Committee: ENVI

Proposal for a directive
Article 1 – paragraph 1 – point 25

Directive 2010/75/EU
Article 70b – paragraph 1

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.deleted

2022/12/20
Committee: ENVI

Proposal for a directive
Article 1 – paragraph 1 – point 25

Directive 2010/75/EU
Article 70c – title

Permits and simplified registration

2022/12/20
Committee: ENVI

Proposal for a directive
Article 1 – paragraph 1 – point 25

Member States shall take the necessary measures to ensure that no installation falling within the scope of this Chapter is operated without a permit and that its operation complies with the operating rules referred to in Article 70i. In case of stables on family farms or free-ventilated stables or pasture, permits are not needed.

2022/12/20
Committee: ENVI

Proposal for a directive
Article 1 – paragraph 1 – point 25

Directive 2010/75/EU
Article 70c – paragraph 1 a (new)

1a. By way of derogation from paragraph 1 of this Article, Member States may provide for a specific procedure for the registration 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 include at least a 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.

2022/12/20
Committee: ENVI

Proposal for a directive
Article 1 – paragraph 1 – point 25

Directive 2010/75/EU
Article 70c – paragraph 2 – subparagraph 1 – point a

(a) the ~~installation~~farm, its building and its activities

2022/12/20
Committee: ENVI

Proposal for a directive
Article 1 – paragraph 1 – point 25

Directive 2010/75/EU
Article 70c – paragraph 2 – subparagraph 1 – point c

(c) the capacity of the ~~installation~~building where the rearing takes place;

2022/12/20
Committee: ENVI

Proposal for a directive
Article 1 – paragraph 1 – point 25

(d) the sources of emissions from the ~~installation~~building where the rearing takes place;

2022/12/20
Committee: ENVI

Proposal for a directive
Article 1 – paragraph 1 – point 25

Directive 2010/75/EU
Article 70c – paragraph 2 – subparagraph 1 – point e

(e) the nature and quantities of foreseeable emissions from the ~~installation into each medium~~building where the rearing takes place, into each medium under normal operating conditions.

2022/12/20
Committee: ENVI

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 ~~operato~~farmer informs the competent authority, without delay, of any planned substantial change to the ~~installations~~farm and farm buildings where the rearing takes place, falling within the scope of this Chapter which may have consequences for the environment. Where appropriate, the competent authority shall reconsider and update the permit.

2022/12/20
Committee: ENVI

Proposal for a directive
Article 1 – paragraph 1 – point 25

Directive 2010/75/EU
Article 70d – number

~~Article 70~~deleted

2022/12/20
Committee: ENVI

Proposal for a directive
Article 1 – paragraph 1 – point 25

Directive 2010/75/EU
Article 70d – paragraph 1 – subparagraph 1

~~Member States shall ensure that the operator carries out monitoring of emissions and of associated environmental performance levels in accordance with the operating rules referred to in Article 70i.~~deleted

2022/12/20
Committee: ENVI

Proposal for a directive
Article 1 – paragraph 1 – point 25

Directive 2010/75/EU
Article 70d – paragraph 1– subparagraph 2

The operator shall keep a record of, and process, all monitoring results, for a period of at least 6 years, in such a way as to enable the verification of compliance with the emission limit values and environmental performance limit values set out in operating rules referred to in Article 70i.deleted

2022/12/20
Committee: ENVI

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 within the shortest possible time.deleted

2022/12/20
Committee: ENVI

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, and other relevant Union legislation and that it does not cause significant pollution of the environment.deleted

2022/12/20
Committee: ENVI

Proposal for a directive
Article 1 – paragraph 1 – point 25

Directive 2010/75/EU
Article 70i – paragraph 1 – subparagraph 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~~referred to in Article 70a, which shall include the following:

2022/12/20
Committee: ENVI

Marlene MORTLER, Benoît LUTGEN, Peter JAHR, Christine SCHNEIDER, Norbert LINS, Angelika NIEBLER, Dennis RADTKE, Peter LIESE, Ralf SEEKATZ

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 ~~installations and the specificities of pasture based cattle rearing systems, where animals are only seasonally reared in indoor~~ installations.

2022/12/20
Committee: ENVI

Proposal for a directive
Article 1 – paragraph 1 – point 32

Directive 2010/75/EU
Article 79a – paragraph 2

2. Member States shall ensure that, as part of the public concerned, non- governmental organisations promoting the protection of human health or the environment and meeting any requirements under national law are allowed to represent the individuals affected and bring collective actions for compensation. Member States shall ensure that a claim for a violation leading to a damage cannot be pursued twice, by the individuals affected and by the non- governmental organisations referred to in this paragraph.deleted

2022/12/21
Committee: ENVI

Jens GIESEKE, Dennis RADTKE, Norbert LINS, Markus PIEPER, Angelika NIEBLER, Marlene MORTLER, Sven SIMON, Christian EHLER, Karolin BRAUNSBERGER-REINHOLD, Christian DOLESCHAL, Christine SCHNEIDER, Monika HOHLMEIER, Marion WALSMANN, Daniel CASPARY, Peter LIESE, Hildegard BENTELE

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 responsible for the violation to prove that the violation did not cause or contribute to the damage.deleted

2022/12/21
Committee: ENVI

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 responsible for the violation to prove that the violation did not cause or contribute to the damage. This shall not apply to violation related to activities referred to in Article 70a.

2022/12/21
Committee: ENVI

Proposal for a directive
Article 1 – paragraph 1 – point 34

Directive 2010/75/EU
Annex Ia

~~(34) Annex Ia as set out in Annex II to this Directive is inser~~deleted.

2022/12/21
Committee: ENVI

Jens GIESEKE, Dennis RADTKE, Norbert LINS, Markus PIEPER, Angelika NIEBLER, Marlene MORTLER, Sven SIMON, Christian EHLER, Karolin BRAUNSBERGER-REINHOLD, Christian DOLESCHAL, Christine SCHNEIDER, Monika HOHLMEIER, Marion WALSMANN, Daniel CASPARY, Peter LIESE, Hildegard BENTELE

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

Directive 2010/75/EU
Annex I – paragraph 3 – subparagraph 3 – point 3.6

~~(e) the following point 3.6. is inserted: 3.6. (ope~~deleted Extractions such as comminution, size control, beneficiation and upgrading) of the following non-energy minerals: (a) barite, bentonite, diatomite, feldspar, fluorspar, graphite, gypsum, kaolin, magnesite, perlite, potash, salt, sulphur and talc; (b) bauxite, chromium, cobalt, copper, gold, iron, lead, lithium, manganese, nickel, palladium, platinum, tin, tungsten and zinc.’; and treatment industrial minerals, including metalliferous ores, including

2022/12/21
Committee: ENVI

Jens GIESEKE, Dennis RADTKE, Norbert LINS, Markus PIEPER, Angelika NIEBLER, Marlene MORTLER, Sven SIMON, Christian EHLER, Karolin BRAUNSBERGER-REINHOLD, Christian DOLESCHAL, Christine SCHNEIDER, Monika HOHLMEIER, Marion WALSMANN, Daniel CASPARY, Peter LIESE, Hildegard BENTELE

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

Directive 2010/75/EU
Annex I – paragraph 3 – subparagraph 6 – point 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..

2022/12/21
Committee: ENVI

Proposal for a directive
Annex II

Directive 2010/75/EU
Annex Ia – number

~~ANNEX Ia~~deleted

2022/12/21
Committee: ENVI

Proposal for a directive
Annex II

Directive 2010/75/EU
Annex Ia – paragraph 1

~~1. Rearing of cattle, pigs or poultry in installations of 150 livestock units (LSU) or more.~~deleted

2022/12/21
Committee: ENVI

Proposal for a directive
Annex II

Directive 2010/75/EU
Annex Ia – paragraph 2

2. Rearing of any mix of the following animals: cattle, pigs, poultry, in installations of 150 LSU or more. The approximate equivalent in LSU is based on the conversion rates established in Annex II to Commission Implementing Regulation (EU) No 808/2014*. __________ * Commission Implementing Regulation (EU) No 808/2014 of 17 July 2014 laying down rules for the application of Regulation (EU) No 1305/2013 of the European Parliament and of the Council on support for rural development by the European Agricultural Fund for Rural Development (OJ L 227, 31.07.2014, p.18).deleted

2022/12/21
Committee: ENVI

87 Amendments of Christine SCHNEIDER related to 2022/0104(COD)

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