Activities of Grzegorz TOBISZOWSKI related to 2022/0104(COD)
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council amending Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) and Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste
Amendments (30)
Amendment 54 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Directive 2010/75/EU
Article 3 – paragraph 1 – point (3 a) new
Article 3 – paragraph 1 – point (3 a) new
(3a) ‘existing installation’ means an installation first permitted before the [date of entry into force of this Directive]
Amendment 96 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2010/75/EU
Article 7 – Title
Article 7 – Title
Amendment 97 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2010/75/EU
Article 7 – paragraph 1
Article 7 – paragraph 1
Without prejudice to Directive 2004/35/EC of the European Parliament and of the Council*, in the event of any incident or accidentmajor accident within the meaning of the Article 3 (13) of the Directive 2012/18/EU of the European Parliament and of the Council, significantly affecting human health or the environment, Member States shall take the necessary measures to ensure that:
Amendment 99 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2010/75/EU
Article 7 – paragraph 1 – point (b)
Article 7 – paragraph 1 – point (b)
(b) the operator immediately takes the measures to limit the environmental consequences and to prevent further possible incidents major accidents;
Amendment 101 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
(c) the competent authority requires the operator to take any appropriate complementary measures that the competent authority considers necessary to limit the environmental consequences and to prevent further possible incidents major accidents.
Amendment 103 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2010/75/EU
Article 7 – paragraph 2
Article 7 – paragraph 2
In the event of any incident major accident significantly affecting human health or the environment in another Member State, the Member State in whose territory the accident major inaccident has occurred shall ensure that the competent authority of the other Member State is immediately informed. Transboundary and multidisciplinary cooperation between the affected Member States shall aim at limiting the consequences on the environment and human health and to prevent further possible incidents or accidents.
Amendment 107 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2010/75/EU
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 123 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a – point ii
Article 1 – paragraph 1 – point 10 – point a – point ii
Directive 2010/75/EU
Article 14 – paragraph 1 – subparagraph 2 – point (a)
Article 14 – paragraph 1 – subparagraph 2 – point (a)
Amendment 139 #
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Directive 2010/75/EU
Article 14 a – paragraph 1
Article 14 a – paragraph 1
Member States shall require theeach operator subject to prepare andquirements set in Article 11 of the [EED Recast] to implement, forat each installation falling within the scope of this Chapter ore company-level, 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.
Amendment 143 #
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Directive 2010/75/EU
Article 14 a – paragraph 2 (c)
Article 14 a – paragraph 2 (c)
(c) for installations covered by the 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;
Amendment 146 #
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Directive 2010/75/EU
Article 14 a – paragraph 3
Article 14 a – paragraph 3
Amendment 148 #
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2010/75/EU
Article 15 – paragraph 1 – after point (d)
Article 15 – paragraph 1 – after point (d)
The competent authority shall set out in an annex to the permit conditions the reasons for the application of the second subparagraph, including the summary of the result of the assessment by the operator of the fulfilment of the required conditions.
Amendment 156 #
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2010/75/EU
Article 15 – paragraph 3 – introductory part
Article 15 – paragraph 3 – introductory part
The competent authority shall set the strictest possible emission limit values that are consistent with the lowest emissions achievable by applying BAT in the installationwould not lead to disproportionately higher costs compared to the environmental benefits, 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 ofemission limit values following from 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:
Amendment 168 #
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2010/75/EU
Article 15 – paragraph 3 b (new)
Article 15 – paragraph 3 b (new)
3aa. By way of derogation from paragraph 3 the competent authority shall set emission limit values for existing installations that ensure that, under normal operating conditions, emissions do not exceed the emission levels associated with the best available techniques as laid down in the decisions on BAT conclusions referred to in Article 13(5) through either of the following: (a) setting emission limit values that do not exceed the emission levels associated with the best available techniques. Those emission limit values shall be expressed for the same or shorter periods of time and under the same reference conditions as those emission levels associated with the best available techniques; or (b) setting different emission limit values than those referred to under point (a) in terms of values, periods of time and reference conditions. Where point (b) is applied, the competent authority shall, at least annually, assess the results of emission monitoring in order to ensure that emissions under normal operating conditions have not exceeded the emission levels associated with the best available techniques.
Amendment 176 #
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2010/75/EU
Article 15 – paragraph 6 (new)
Article 15 – paragraph 6 (new)
Without prejudice to Article 16 and Article 30 paragraph 5 and paragraph 6, the competent authority may set less strict emission limit values where an assessment shows that the emission levels associated with the best available techniques as described in BAT conclusions would not be achievable due to insufficient fuel quality resulting from persistent interruptions in the fuel supply. The competent authority shall ensure that the time of the derogation granted on the basis of this paragraph would be limited only to the time necessary to overcome fuel supply interruptions.
Amendment 177 #
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2010/75/EU
Article 15 – paragraph 4 – fourth subparagraph after point (b)
Article 15 – paragraph 4 – fourth subparagraph after point (b)
Amendment 178 #
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2010/75/EU
Article 15 – paragraph 4 – fifth subparagraph after point (b)
Article 15 – paragraph 4 – fifth subparagraph after point (b)
Amendment 181 #
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2010/75/EU
Article 15 a (new) – paragraph 2
Article 15 a (new) – paragraph 2
Amendment 190 #
Proposal for a directive
Article 1 – paragraph 1 – point 16
Article 1 – paragraph 1 – point 16
Directive 2010/75/EU
Article 21 – paragraph 5 – point (c)
Article 21 – paragraph 5 – point (c)
(c) where it is necessary to comply with an environmental quality standard referred to in Article 18, including in the case of a new or revised quality standard or where the status of the receiving environment requires a revision of the permit in order to achieve compliance with plans and programmes set under Union legislation..
Amendment 193 #
Proposal for a directive
Article 1 – paragraph 1 – point 18
Article 1 – paragraph 1 – point 18
Directive 2010/75/EU
Article 25 – paragraph 1 – after point (b)
Article 25 – paragraph 1 – after point (b)
Standing in the review procedure mayshall not be conditional on the role that the concerned member of the public played during a participatory phase of the decision-making procedures under this Directive.
Amendment 194 #
Proposal for a directive
Article 1 – paragraph 1 – point 18
Article 1 – paragraph 1 – point 18
Directive 2010/75/EU
Article 25 – paragraph 1 a (new)
Article 25 – paragraph 1 a (new)
Member States may decide not to apply the first subparagraph to investments started before the [date of entry into force of this Directive].
Amendment 221 #
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d (new) – paragraph 1 – first part
Article 27 d (new) – paragraph 1 – first part
Member States shall require that by 30 June 2030 the operator includes in its environmental management system referred to in Article 14a a transformation plan forat each installation or company level 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.
Amendment 224 #
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d (new) – paragraph 1 – second part
Article 27 d (new) – paragraph 1 – second part
Amendment 234 #
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d (new) – paragraph 2 – first part
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.
Amendment 239 #
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d (new) – paragraph 2 – second part
Article 27 d (new) – paragraph 2 – second part
Amendment 246 #
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d (new) – paragraph 3
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.
Amendment 250 #
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d (new) – paragraph 4
Article 27 d (new) – paragraph 4
Amendment 267 #
Proposal for a directive
Article 1 – paragraph 1 – point 31
Article 1 – paragraph 1 – point 31
Directive 2010/75/EU
Article 79 – paragraph 2
Article 79 – paragraph 2
2. The penalties referred to in paragraph 1 shall include fines proportionate to the turnover of the legal person or to the income of the natural person having committed the infringement. The level of the fines shall be calculated in such a way as to make sure that they effectively deprive the person responsible for the violation of the economic benefits derived from that violation. The level of the fines shall be gradually increased for repeated infringements. In the case of a violation committed by a legal person, the maximum amount of such fines shall be at least 83 % of the operator’s annual turnover in the Member State concerned.
Amendment 270 #
Proposal for a directive
Article 1 – paragraph 1 – point 32
Article 1 – paragraph 1 – point 32
Directive 2010/75/EU
Article 79 a (new) – paragraph 4
Article 79 a (new) – paragraph 4
Amendment 274 #
Proposal for a directive
Article 1 – paragraph 1 – point 32
Article 1 – paragraph 1 – point 32
Directive 2010/75/EU
Article 79 a (new) – paragraph 5
Article 79 a (new) – paragraph 5
5. Member States shall ensure that the limitation periods for bringing actions for compensation referred to in paragraph 1 are not shorter than 53 years. Such periods shall not begin to run before the violation has ceased and the person claiming the compensation knows or can reasonably be expected to know that he or she suffered damage from a violation pursuant to paragraph 1..