BETA

35 Amendments of Ivan DAVID related to 2022/0104(COD)

Proposal for a directive
Recital 4

(4) Rearing of pigs, and poultry ~~and cattle~~ cause significant pollutant emissions into the air and water. In order to reduce such pollutant emissions, including ammonia, methane, nitrates and greenhouse gas emissions and thereby improve air, water and soil quality, it is necessary to lower the threshold above which pigs and poultry installations are included within the scope of Directive 2010/75/EU ~~and to include also cattle farming within that scope~~. Relevant BAT requirements take into consideration the nature, size, density and complexity of these installations, ~~including the specificities of pasture based cattle rearing systems, where animals are only seasonally reared in indoor installations,~~ and the range of environmental impacts they may have. The proportionality requirements in BATs aim to incentivise farmers to implement the necessary transition towards increasingly environmentally friendly agricultural practices.

2022/12/14
Committee: ENVI

Proposal for a directive
Recital 29

(29) In order to ensure that Directive 2010/75/EU continues meeting its objectives to prevent or reduce emissions of pollutants and achieve a high level of protection of human health and the environment, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to supplement that Directive in order to establish operating rules containing requirements for activities relating to rearing of poultry~~, pigs and cattle~~ and pigs, 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. 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

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

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

Proposal for a directive
Article 1 – paragraph 1 – point 3 – point e a (new)

Directive 2010/75/EU
Article 3 – paragraph 1 – point 23 c a (new)

(ea) In Article 3, paragraph 1, point 23c a (new) is inserted: (23ca) ‘Industrial-scale livestock rearing’ means rearing of poultry and pigs, which does not fall under the definitions laid down in points (23cc(new)) to (23d);

2022/12/14
Committee: ENVI

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

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

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

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

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

(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

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

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

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

2022/12/20
Committee: ENVI

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

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

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

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

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’

2022/12/20
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

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) (ii) reuse; (iii) with the use of hazardous substances. (b) 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 Dirdeleted Member States shall require the The EMS shall include at least the environmental policy objectives for prevent the generation of waste; optimise resource use and water prevent or reduce risks associated objectives 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 meperformance for installations covered by the a chemicals inventory of the a transformation plan asu re~~s where needed; (f) to in Article 27d. 3. be made available on the Internet, free of charge and without restricting access to registered users.~~ferred The EMS of an installation shall

2022/12/19
Committee: ENVI

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

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

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

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

The competent authority shall set the strictest possible emission limit values that are consistent with the lowest emissions achievable by applying BAT in the installation, and that ensure that, under normal operating conditions, emissions do not exceed the emission levels associated with the best available techniques (BAT- AELs) as laid down in the decisions on BAT conclusions referred to in Article 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. This provision shall not apply to agricultural production. The emission limit values shall be set through either of the following:

2022/12/19
Committee: ENVI

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

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

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

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

Directive 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

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

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

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

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

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

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

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 15(3) and Article 21(3)(b), the competent authority may, if the operator chooses this option, 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 emergthe date where the permit has been amended, emissions shall not, under normal operating conditions, exceed emission levels associated with emerging techniques as laid down in the decision on BAT conclusions. Where the time period referred in the first paragraph has elapsed and where the operator cannot comply with the emission limit values set by way of derogation from Article 15(3), the competent authority shall ensure that within a maximum period of 4 years following the expiry of the time period referred to in the first paragraph: (a) the permit conditions for the installation concerned are reconsidered and, if necessary, updated to ensure compliance with this Directive, in particular, with Article 15(3) and (4), where applicable; (b) the installation complies with those amended permit conditions. For the time period in between the expiry of the time period referred to ing t~~echniques as laid down in the decisions on BAT conclusions~~he first paragraph and the reconsideration and updating of the permit conditions, the competent authority shall apply the derogation principles referred to in Article 15(4).

2022/12/20
Committee: ENVI

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

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

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

2010/75/EU
Article 70b – title

~~Aggregation rule~~deleted

2022/12/20
Committee: ENVI

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

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

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
Annex II

1. Rearing of ~~cattle,~~ pigs or poultry in installations of 1500 livestock units (LSU) or more.

2022/12/21
Committee: ENVI

Proposal for a directive
Annex II

2010/75/EU
Annex Ia – paragraph 2

Rearing of any mix of the following animals: ~~cattle,~~ pigs, poultry, in installations of 1500 LSU or more.

2022/12/21
Committee: ENVI