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48 Amendments of Anna ZALEWSKA related to 2022/0104(COD)

Amendment 280 #
Anna ZALEWSKA
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a a (new)
Directive 2010/75/EU
Article 3 – paragraph 1 – point 3 a (new)
(aa) In Article 3, paragraph 1, point 3 a (new) is inserted: 3a. ‘existing installation’ means an installation first permitted before the [date of entry into force of this Directive]
2022/12/14
Committee: ENVI
Amendment 413 #
Anna ZALEWSKA
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 mayust set a procedure for the registration of installations covered only by Chapter V or Chapter VIa, which shall consist of a notification. The registration procedure shall apply notably to installations using free-range, pasture-based or grazing techniques or in stables with natural ventilation.’.
2022/12/20
Committee: ENVI
Amendment 453 #
Anna ZALEWSKA
Proposal for a directive
Article 1 – paragraph 1 – point 6
Directive 2010/75/EU
Article 7 – title
Incidents andMajor accidents
2022/12/20
Committee: ENVI
Amendment 456 #
Anna ZALEWSKA
Proposal for a directive
Article 1 – paragraph 1 – point 6
Directive 2010/75/EU
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:
2022/12/20
Committee: ENVI
Amendment 460 #
Anna ZALEWSKA
Proposal for a directive
Article 1 – paragraph 1 – point 6
Directive 2010/75/EU
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;
2022/12/20
Committee: ENVI
Amendment 464 #
Anna ZALEWSKA
Proposal for a directive
Article 1 – paragraph 1 – point 6
Directive 2010/75/EU
Article 7 – paragraph 1 – point c
(c) the competent authority requires the operator to take any appropriate complementary measures that the competent authority considers necessary to limit the environmental consequences and to prevent further possible incidents major accidents.
2022/12/20
Committee: ENVI
Amendment 469 #
Anna ZALEWSKA
Proposal for a directive
Article 1 – paragraph 1 – point 6
Directive 2010/75/EU
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 major accidents.
2022/12/20
Committee: ENVI
Amendment 497 #
Anna ZALEWSKA
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
Amendment 706 #
Anna ZALEWSKA
Proposal for a directive
Article 1 – paragraph 1 – point 11
Directive 2010/75/EU
Article 14a – paragraph 1
Member States shall require theeach operator to prepare andsubject to requirements set in Article 11 paragraph 1 of (EED) recast to implement, forat each installation falling within the scope of this Chapter or 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.
2022/12/19
Committee: ENVI
Amendment 746 #
Anna ZALEWSKA
Proposal for a directive
Article 1 – paragraph 1 – point 11
Directive 2010/75/EU
Article 14a – paragraph 2 – point 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 recommendations2012/27/EU;
2022/12/19
Committee: ENVI
Amendment 763 #
Anna ZALEWSKA
Proposal for a directive
Article 1 – paragraph 1 – point 11
Directive 2010/75/EU
Article 14a – paragraph 3
3. TheWithout prejudice to Union competition law, information considered as confidential business information or commercially sensitive information shall only be shared with the Commission. The non-confidential version of EMS of an installation or capital group, shall be made available on the Internet, free of charge and without restricting access to registered users.
2022/12/19
Committee: ENVI
Amendment 787 #
Anna ZALEWSKA
Proposal for a directive
Article 1 – paragraph 1 – point 12
Directive 2010/75/EU
Article 15 – paragraph 1– subparagraph 3
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.
2022/12/19
Committee: ENVI
Amendment 808 #
Anna ZALEWSKA
Proposal for a directive
Article 1 – paragraph 1 – point 12
Directive 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,would 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 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:
2022/12/19
Committee: ENVI
Amendment 839 #
Anna ZALEWSKA
Proposal for a directive
Article 1 – paragraph 1 – point 12
Directive 2010/75/EU
Article 15 – paragraph 3 a a (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.
2022/12/19
Committee: ENVI
Amendment 883 #
Anna ZALEWSKA
Proposal for a directive
Article 1 – paragraph 1 – point 12
(4a) 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.
2022/12/19
Committee: ENVI
Amendment 884 #
Anna ZALEWSKA
Proposal for a directive
Article 1 – paragraph 1 – point 12
Directive 2010/75/EU
Article 15 – paragraph 4 – subparagraph 5
The competent authority shall re-assess whether the derogation granted in accordance with this paragraph is justified every 4 years or as part of each reconsideration of the permit conditions pursuant to Article 21, where such reconsideration is made earlier than 4 years after the derogation was grandeleted.
2022/12/19
Committee: ENVI
Amendment 888 #
Anna ZALEWSKA
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. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 75(2)..deleted
2022/12/19
Committee: ENVI
Amendment 908 #
Anna ZALEWSKA
Proposal for a directive
Article 1 – paragraph 1 – point 13
Directive 2010/75/EU
Article 15a – paragraph 2
The Commission shall by [OP please insert date = the first day of the month following 24 months after the date of entry into force of this Directive] adopt an implementing act establishing the measuring method for assessing compliance with emission limit values set out in the permit with regard to emissions to air and water. This implementing act shall be adopted in accordance with the examination procedure referred to in Article 75(2). The method referred to in the first subparagraph shall address, as a minimum, the determination of validated average emission values and shall set out how measurement uncertainty and the frequency of exceedance of emission limit values are to be taken into account in the compliance assessment.deleted
2022/12/19
Committee: ENVI
Amendment 943 #
Anna ZALEWSKA
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 and proportionate 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.
2022/12/19
Committee: ENVI
Amendment 969 #
Anna ZALEWSKA
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, 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
Amendment 1020 #
Anna ZALEWSKA
Proposal for a directive
Article 1 – paragraph 1 – point 18
Directive 2010/75/EU
Article 25 – paragraph 1 – subparagraph 2
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.
2022/12/20
Committee: ENVI
Amendment 1021 #
Anna ZALEWSKA
Proposal for a directive
Article 1 – paragraph 1 – point 18
Directive 2010/75/EU
Article 25 – paragraph 1 – subparagraph 2 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].
2022/12/20
Committee: ENVI
Amendment 1098 #
Anna ZALEWSKA
Proposal for a directive
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d – paragraph 1 – subparagraph 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 forat each installation or at 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.
2022/12/20
Committee: ENVI
Amendment 1110 #
Anna ZALEWSKA
Proposal for a directive
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d – paragraph 1 – subparagraph 2
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
Amendment 1134 #
Anna ZALEWSKA
Proposal for a directive
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d – paragraph 2 – subparagraph 1
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.
2022/12/20
Committee: ENVI
Amendment 1147 #
Anna ZALEWSKA
Proposal for a directive
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d – paragraph 2 – subparagraph 2
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
Amendment 1164 #
Anna ZALEWSKA
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.
2022/12/20
Committee: ENVI
Amendment 1173 #
Anna ZALEWSKA
Proposal for a directive
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d – paragraph 4
4. The Commission shall by 30 June 2028, adopt an implementing act establishing the format for the transformation plans. This implementing act shall be adopted in accordance with the examination procedure referred to in Article 75(2)..deleted
2022/12/20
Committee: ENVI
Amendment 1261 #
Anna ZALEWSKA
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
Amendment 1308 #
Anna ZALEWSKA
Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70c – paragraph 3
3. Applications shall also include a non-technical summary of the information referred to in paragraph 2.deleted
2022/12/20
Committee: ENVI
Amendment 1317 #
Anna ZALEWSKA
Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70c – paragraph 4a (new)
4a. Competent authority shall establish a simplified procedure applicable to applications under Article 4(2) of this directive.
2022/12/20
Committee: ENVI
Amendment 1335 #
Anna ZALEWSKA
Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70e – paragraph 3
3. The operator shall, without delay, make available the data and information listed in paragraph 2 of this Article to the competent authority upon request. The competent authority may make such a request in order to verify compliance with the operating rules referred to in Article 70i. The competent authority shall make such a request if a member of the public requests access to the data or information listed in paragraph 2 of this Article. The competent authority shall make such a request if a member of a public requests access to the data or information listed in paragraph 2 of this Article.
2022/12/20
Committee: ENVI
Amendment 1345 #
Anna ZALEWSKA
Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70f – paragraph 3 – subparagraph 2
Where non-compliance causes a significant degradation of local air, water or soil conditions, or where it poses, or risks to pose, a significant danger to human health, the operation of the installation shall be suspended by the competent authoritycompetent authority may undertake relevant measures to prompt early compliance, including, when possible, suspending the operation of the installation until compliance is restored.
2022/12/20
Committee: ENVI
Amendment 1355 #
Anna ZALEWSKA
Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70g – paragraph 1 – introductory part
1. Member States shall ensure that the public concerndirectly affected are given early and effective opportunities to participate in the following procedures:
2022/12/20
Committee: ENVI
Amendment 1365 #
Anna ZALEWSKA
Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70g – paragraph 2 – introductory part
2. The competent authority shall make available to the public, including systematically directly affected, including via the Internet, and free of charge and without restricting access to registered users, the following documents and information:
2022/12/20
Committee: ENVI
Amendment 1416 #
Anna ZALEWSKA
Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70i – paragraph 1 – subparagraph 2a (new)
The operating rules take into account the existence of emerging techniques in the livestock sector. They specify the conditions under which the competent authority may grant a permit to an installation using these emerging techniques.
2022/12/20
Committee: ENVI
Amendment 1423 #
Anna ZALEWSKA
Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70i – paragraph 2
2. The Commission shall by [OP please insert date = the first day of the month following 24 months after the date of entry into force of this Directive] adopt a delegated act in accordance with Article 76 to supplement this Directive by establishing the operating rules referred to in paragraph 1.’.deleted
2022/12/20
Committee: ENVI
Amendment 1446 #
Anna ZALEWSKA
Proposal for a directive
Article 1 – paragraph 1 – point 27
Directive 2010/75/EU
Article 74 – number
Article 74deleted
2022/12/20
Committee: ENVI
Amendment 1448 #
Anna ZALEWSKA
Proposal for a directive
Article 1 – paragraph 1 – point 27
1. In order to allow the provisions of this Directive to be adapted to scientific and technical progress on the basis of best available techniques, the Commission shall adopt delegated acts in accordance with Article 76 as regards the adaptation of Parts 3 and 4 of Annex V, Parts 2, 6, 7 and 8 of Annex VI and Parts 5, 6, 7 and 8 of Annex VII to such scientific and technical progress.deleted
2022/12/20
Committee: ENVI
Amendment 1453 #
Anna ZALEWSKA
Proposal for a directive
Article 1 – paragraph 1 – point 27
Directive 2010/75/EU
Article 74 – paragraph 2
2. In order to allow the provisions of this Directive to meet its objectives to prevent or reduce pollutants emissions and achieve a high level of protection of human health and the environment, the Commission shall be empowered to adopt a delegated act, in accordance with Article 76, to amend Annex I or Annex Ia by including in those Annexes an agro- industrial activity that meets the following criteria: (a) impact on human health or the environment, in particular as a consequence of pollutant emissions and use of resources; (b) its environmental performance diverges within the Union; (c) it presents potential for improvement in terms of its environmental impact through the application of best available techniques or innovative techniques; (d) this Directive is assessed, on the basis of its environmental, economic and social impacts, to have a favourable ratio of societal benefits to economic costs.deleted it has or is expected to have an its inclusion within the scope of
2022/12/20
Committee: ENVI
Amendment 1474 #
Anna ZALEWSKA
Proposal for a directive
Article 1 – paragraph 1 – point 27
Directive 2010/75/EU
Article 74 – paragraph 3
3. The Commission shall carry out appropriate consultation with stakeholders before adopting a delegated act in accordance with this Article. The Commission shall make public relevant studies and analyses used in the preparation of a delegated act adopted in accordance with this Article, at the latest at the adoption of the delegated act..
2022/12/20
Committee: ENVI
Amendment 1477 #
Anna ZALEWSKA
Proposal for a directive
Article 1 – paragraph 1 – point 29
(29) Article 76 is replaced by the following: Article 76 Exercise of the delegation 1. is conferred on the Commission subject to the conditions laid down in this Article. 2. referred to in Articles 48(5), Article 70i and Article 74 shall be conferred on the Commission for a period of 5 years from … [OP please insert the date = the first day of the month following the date of entry into force of this Directive]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. 3. to in Articles 48(5), Article 70i and Article 74 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. 5. act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6. to Articles 15(4) or 48(5) or Article 74 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council..deleted The power to adopt delegated acts The power to adopt delegated acts The delegation of power referred Before adopting a delegated act, As soon as it adopts a delegated A delegated act adopted pursuant
2022/12/20
Committee: ENVI
Amendment 1506 #
Anna ZALEWSKA
Proposal for a directive
Article 1 – paragraph 1 – point 31
Directive 2010/75/EU
Article 79 – paragraph 2
2. The penalties referred to in paragraph 1 shall include fines proportionate to the 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.
2022/12/20
Committee: ENVI
Amendment 1551 #
Anna ZALEWSKA
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
Amendment 1570 #
Anna ZALEWSKA
Proposal for a directive
Article 1 – paragraph 1 – point 32
Directive 2010/75/EU
Article 79a – 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..
2022/12/21
Committee: ENVI
Amendment 1672 #
Anna ZALEWSKA
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[XX] livestock units (LSU) or more.
2022/12/21
Committee: ENVI
Amendment 1682 #
Anna ZALEWSKA
Proposal for a directive
Annex II
Directive 2010/75/EU
Annex Ia – paragraph 2
Rearing of any mix of the following animals: cattle, pigs, poultry, in installations of 150 LSU or more.deleted
2022/12/21
Committee: ENVI
Amendment 1701 #
Anna ZALEWSKA
Proposal for a directive
Annex II
Directive 2010/75/EU
Annex Ia – paragraph 3
The approximate equivalent in LSU is based on the conversion rates established in Annex II to Commission Implementing Regulation (EU) No 808/2014*.deleted
2022/12/21
Committee: ENVI
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