105 Amendments of Martin HOJSÍK related to 2022/0104(COD)
Amendment 129 #
Proposal for a directive
Recital 1
Recital 1
(1) The European Green Deal55 is Europe’s strategy to ensure, by 2050, a climate-neutral, clean and circular economy, optimising resource management, minimising pollution while recognising the need for deeply transformative policies. The Union is also committed to the 2030 Agenda for Sustainable Development56 and its Sustainable Development Goals57 . The EU Chemicals Strategy for Sustainability58 of October 2020 and the Zero Pollution Action Plan59 adopted in May 2021 specifically address pollution aspects of the European Green Deal. In parallel, the New Industrial Strategy for Europe60 further emphasises the potential role of transformative technologies. Other particularly relevant policies for this initiative include the ‘Fit for 55’ package61 , the Methane Strategy62 and the Glasgow methane pledge63 , the Climate Adaptation Strategy64 , the Biodiversity Strategy65 , the Farm to Fork strategy66, the Soil Strategy66a and the Sustainable Products Initiative67 . Besides, as part of the EU response to the 2022 Russia- Ukraine war, REPowerEU68 proposes a Joint European Action to support the diversification of energy supplies, accelerate the transition to renewable energy and improve energy efficiency. __________________ 55 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions The European Green Deal; COM(2019) 640 final. 56 https://www.un.org/ga/search/view_doc.as p?symbol=A/RES/70/1&Lang=E 57 https://sdgs.un.org/goals 58 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, Chemicals Strategy for Sustainability Towards a Toxic-Free Environment COM(2020) 667 final. 59 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, Pathway to a Healthy Planet for All EU Action Plan: 'Towards Zero Pollution for Air, Water and Soil' COM(2021) 400 final. 60 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions, A New Industrial Strategy for Europe COM(2020) 102 final. 61 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, 'Fit for 55': delivering the EU's 2030 Climate Target on the way to climate neutrality COM/2021/550 final. 62 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on an EU strategy to reduce methane emissions COM(2020) 663 final. 63 https://www.globalmethanepledge.org/ 64 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions Forging a climate-resilient Europe - the new EU Strategy on Adaptation to Climate Change COM(2021) 82 final. 65 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions EU Biodiversity Strategy for 2030 Bringing nature back into our lives COM(2020) 380 final. 66 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions A Farm to Fork Strategy for a fair, healthy and environmentally-friendly food system COM(2020) 381 final. 66a Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions: EU Soil Strategy for 2030 Reaping the benefits of healthy soils for people, food, nature and climate; COM(2021) 699 final 67 COM(2022) 142 68 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions REPowerEU: Joint European Action for more affordable, secure and sustainable energy; COM(2022) 108 final.
Amendment 161 #
Proposal for a directive
Recital 4
Recital 4
(4) Rearing of pigs, 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, including transhumance practices, where animals are only seasonally reared in indoor installations, and the range of impacts on biodiversity and 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.
Amendment 164 #
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) There is a range of national legislation focused on mitigating the environmental impacts of aquaculture, however the rules vary significantly. To effectively achieve the objectives of this Directive, it is proposed that intensive aquaculture be included in its scope, as an activity environmental performance of which can be improved by means of application of techniques.
Amendment 176 #
Proposal for a directive
Recital 8
Recital 8
(8) Member States should also adopt compliance assurance measures to promote, monitor and enforce compliance with obligations placed on natural or legal persons under Directive 2010/75/EU, including via new scientifically proven citizen science environmental monitoring systems70a. As part of compliance assurance measures, competent authorities should be able to suspend the operation of an installation where a continued breach of the permit conditions and the non- implementation of the findings of the inspection report pose or risk causing a danger to human health or a significant adverse effect upon the environment and ecosystem services, in order to stop that danger. __________________ 70a Specifically pilot project and preparatory action Insignia and Insignia- EU, which are innovative and non- invasive monitoring initiatives and were proposed by the European Parliament, should be integrated into policy monitoring tools upon their successful rollout across the Union.
Amendment 192 #
Proposal for a directive
Recital 15
Recital 15
(15) Providing a high level of protection of human health and the environment as a whole requires inter alia the establishment in permits of emission limit values at a level that ensures compliance with the applicable emission levels associated with the best available techniques set out in the BAT conclusions. Emission levels associated with the best available techniques (BAT-AELs) are usually expressed as ranges, rather than as single values, or a less-than values1a to reflect the differences within a given type of installations that result in variations in the environmental performances achieved when applying BAT. For example, a given BAT will not deliver the same performance for different installations, some BATs may not be suitable for use in certain installations, or a combination of BATs may be more effective on some pollutants or environmental media than others. Yet, BATs are based on data from the datasets of well-performing and not necessarily of the best performing installations, representing techniques which have been economically and technically feasible at the given time in the past. The achievement of a high level of protection of human health and the environment as a whole has been jeopardised by the practice of setting the values in the general binding rules or the emission limit values at the laxest end of the range of emission levels associated with the best available techniques, without considering the potential of a given installation to achieve lower emission levels through the application of best available techniques. Such practice discourages frontrunners from implementing more effective techniques, and hinders the achievement of a level-playing field at a high level of protection of human health and the environment. Competent authorities should therefore be required to set in permits the lowest possible emission limit values which reflect the performance of BAT for the specific installations, taking into consideration the whole range of BAT- AELs and aiming at the best environmental performance possible for the installations; unless the operator demonstrates that applying best available techniques as described in the BAT Reference documents or BAT conclusions only allows the concerned installation to meeting less strict emission limit values. , considering the priority given to the outputs of the production cycle of an installation, for example the minimisation of waste, boosting circularity and energy reduction versus emission reduction2a. __________________ 1a to make clear that a value ´´less than´´ doesn’t represent a range 0- XY and that such BAT is not subject to the respective provision. Stakeholders showed concern that e.g. 0,5 microgram Ni/unit means the range 0-0,5 and thus the level 0. The recital clarifies that this is not the case. 2a e.g. the case from the glass BREF- increase in recycled content might increase SOx emissions, and it is a well- documented cross-media effect, which should be taken into account when making an integrated assessment of the best possible performance of the installation
Amendment 203 #
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) Recent droughts and floods in Europe have shown lack of resilience and preparedness for weather extremes which affect water quality and quantity, with a direct impact on water availability for the European industry which is the largest water consumer in Europe. The amended framework aims to help industrial stakeholders to assess quantitatively and qualitatively water risks both on and by their activities and plan for a sustainable transition, where all available water sources are managed in such a way that water scarcity and pollution is avoided; water and resource loops are largely closed to foster a circular economy and resource efficiency while the water system is resilient against droughts, floods and climate change; its planned and digitalised management ensures prediction and agility to perform under stress as well as uncertainties, and all relevant stakeholders are involved in water governance.
Amendment 209 #
Proposal for a directive
Recital 19
Recital 19
(19) Environmental quality standards refer to all the requirements set out in Union law, such as Union legislation on air, soil health and water; which must be fulfilled at a given time by a given environment or particular part thereof. Therefore it is appropriate to clarify that when granting a permit to an installation, competent authorities should not only set out conditions to ensure compliance of the installation’s operations with the best available techniques conclusions, but should also, where appropriate with a view to reducing the specific contribution of the installation to the pollution occurring in the relevant area, include specific additional conditions in the permit stricter than those set in relevant BAT conclusions, so as to ensure the installation’s compliance with environmental quality standards. Such conditions may consist in setting stricter emission limit values or limiting the operation or capacity of the installation.
Amendment 219 #
Proposal for a directive
Recital 25
Recital 25
(25) Achieving Union objectives regarding a clean, circular and climate neutral economy by 2050 calls for a deep transformation of the Union economy. Consistently with the 8th Environmental Action Programme, operators of installations covered by Directive 2010/75/EU should therefore be required to include transformation plans in their environmental management systems. Such transformation plans will also complement the Corporate Sustainability Reporting requirements under Directive 2013/34/EU of the European Parliament and of the Council75 by providing a means for concrete implementation of these requirements at installation level. The first priority is the transformation of energy- intensive activities listed in Annex I. Therefore, the operators of energy- intensive installations should produce transformation plans by 30 June 2030. Operators of installations carrying out other activities listed in Annex I should be required to produce transformation plans as part of the permit reconsideration and update following the publication of decisions on BAT conclusions published after 1 January 2030. Whilst the transformation plans should remain indicative documents prepared under the responsibility of the operators, the audit organisation contracted by the operators as part of their environmental management systems should check that they contain the minimum information, such as clear indicators, intermediate targets, and other provisions to be set by the European Commission in an implementing act, and the operators should make the transformation plans public and easily accessible. __________________ 75 Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings, amending Directive 2006/43/EC of the European Parliament and of the Council and repealing Council Directives 78/660/EEC and 83/349/EEC; OJ L 182, 29.6.2013, p. 19–76.
Amendment 246 #
Proposal for a directive
Recital 30
Recital 30
(30) In order to ensure uniform conditions for the implementation of Directive 2010/75/EU, implementing powers should be conferred on the Commission as regards the establishment of (i) the format to be used for the permit summary; (ii) a standardised methodology for assessing the disproportionality between the costs of implementation of the BAT conclusions and the potential environmental benefits, (iii) the measuring method for assessing compliance with emission limit values set out in the permit with regard to emissions to air, soil and water, (iv) the detailed arrangements necessary for the establishment and functioning of the innovation centre for industrial transformation and emissions, and (v) the format to be used for transformation plans. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council78 . __________________ 78 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
Amendment 255 #
Proposal for a directive
Recital 36
Recital 36
(36) When setting emission limit values for polluting substanceants, the competent authority should consider all substances, including substances of emerging concern, micropollutants, microplastics and nanoplastics and harmful synthetic pesticides, which may be emitted from the concerned installation and may have a significant impact on the environment or human health. In doing so, the hazard characteristics, quantity and nature of the substances or pollutants emitted and their potential to pollute any environmental media should be considered. The BAT conclusions, where relevant, are the reference point for selecting the substances for which emission limit values are to be set, although the competent authority may decide to select additional substances. Currently, individual polluting substances are listed in a non- exhaustive way in Annex II to Directive 2010/75/EU; which is not compatible with the holistic approach of that Directive and does not reflect the need for competent authorities to take into account all relevant polluting substances, including those of emerging concern. The non-exhaustive list of polluting substances should therefore be deleted. Instead, reference should be made to the list of pollutants in Annex II to Regulation (EC) No 166/200679 . __________________ 79 Regulation (EC) No 166/2006 of the European Parliament and of the Council of 18 January 2006 establishing a European Pollutant Release and Transfer Register (OJ L 33, 4.2.2006, p. 1).
Amendment 256 #
Proposal for a directive
Recital 37
Recital 37
(37) Although landfills are included within the scope of Directive 2010/75/EU, no BAT conclusions exist for landfills since that activity falls within the scope of Council Directive 1999/31/EC80 and the requirements of the latter Directive are deemed to constitute BAT. Due to the technical developments and innovation that have taken place since the adoption of Directive 1999/31/EC, more effective techniques for protecting human health and the environment are now available. The adoption of BAT conclusions under Directive 2010/75/EU would allow addressing the key environmental issues related to the operation of waste landfills, including significant emissions of methane. Directive 1999/31/EC should therefore allow for the adoption of BAT conclusions on landfills under Directive 2010/75/EU. Directives 2010/75/EU and 1999/31/EC should therefore be amended accordingly. __________________ 80 Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste (OJ L 182 16.7.1999, p. 1).
Amendment 257 #
Proposal for a directive
Recital 38
Recital 38
Amendment 275 #
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
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;, pollution and on natural resources including water and raw materials;
Amendment 316 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point c
Article 1 – paragraph 1 – point 3 – point c
Directive 2010/75/EU
Article 3 – paragraph 1 – point 13 a
Article 3 – paragraph 1 – point 13 a
(13a) ‘environmental performance levels associated with the best available techniques’ means the range of environmental performance levels, including consumption, efficiency, and reuse levels of water, energy, and raw materials as well as waste levels, except emission levels, obtained under normal operating conditions using a BAT or a combination of BATs;.
Amendment 323 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point c a (new)
Article 1 – paragraph 1 – point 3 – point c a (new)
Directive 2010/75/EU
Article 3 – paragraph 1 – point 13 a a (new)
Article 3 – paragraph 1 – point 13 a a (new)
(ca) In Article 3, paragraph 1, point 13a a (new) is inserted: (13aa) "Industrial Waste Water Treatment Plant" means a waste water treatment plant covered by Directive 2010/75/EU;
Amendment 326 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point c b (new)
Article 1 – paragraph 1 – point 3 – point c b (new)
Directive 2010/75/EU
Article 3 – paragraph 1 – point 13 a b (new)
Article 3 – paragraph 1 – point 13 a b (new)
(cb) In Article 3, paragraph 1, point 13a b (new) is inserted: (13ab) "Urban Waste Water Treatment Plant" means a waste water treatment plant covered by Directive 91/271/EEC;
Amendment 327 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point c c (new)
Article 1 – paragraph 1 – point 3 – point c c (new)
Directive 2010/75/EU
Article 3 – paragraph 1 – point 13 a c (new)
Article 3 – paragraph 1 – point 13 a c (new)
(cc) In Article 3, paragraph 1, point 13ac (new) is inserted: (13ac) ‘Water reuse’ means the process of reclaiming water from previous uses through a water reuse system and converting into water that can be reused for a variety of purposes;
Amendment 328 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point c d (new)
Article 1 – paragraph 1 – point 3 – point c d (new)
Directive 2010/75/EU
Article 3 – paragraph 1 – point 13 a d (new)
Article 3 – paragraph 1 – point 13 a d (new)
(cd) In Article 3, paragraph 1, point 13a d (new) is inserted: (13ad) ´water reuse system’ means the infrastructure and other technical elements necessary for producing, supplying and using reclaimed water; it comprises all the elements from the starting point of the production process to the point where reclaimed water is used, including distribution and storage infrastructure, where relevant;
Amendment 329 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point c e (new)
Article 1 – paragraph 1 – point 3 – point c e (new)
Directive 2010/75/EU
Article 3 – paragraph 1 – point 13c e (new)
Article 3 – paragraph 1 – point 13c e (new)
(ce) In Article 3, paragraph 1, point 13a e (new) is inserted: (13ae) ´reclaimed water’ means water that has been reclaimed from previous uses and it is reused for a different beneficial purpose
Amendment 410 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 a (new)
Article 1 – paragraph 1 – point 3 a (new)
Directive 2010/75/EU
Article 3 – paragraph 1 – point 9
Article 3 – paragraph 1 – point 9
(3a) Article 3, paragraph 1, point 9 is amended as follows: 9. ‘substantial change’ means a change in the nature or functioning, an extension, or an extension, of duration of operation of an installation or combustion plant, waste incineration plant or waste co- incineration plant which may have significant negative effects on human health or the environment; Or. en (Directive 2010/75/EC)
Amendment 433 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2010/75/EU
Article 5 – paragraph 4 – subparagraph 1 – introductory part
Article 5 – paragraph 4 – subparagraph 1 – introductory part
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 conditions. within the framework of [the Industrial Emissions Portal].That summary shall include at least the following:
Amendment 434 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2010/75/EU
Article 5 – paragraph 4 – subparagraph 1 – point a
Article 5 – paragraph 4 – subparagraph 1 – point a
(a) an overview of the main permit conditions, including emission monitoring requirements;
Amendment 437 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2010/75/EU
Article 5 – paragraph 4 – subparagraph 1 – point b
Article 5 – paragraph 4 – subparagraph 1 – point b
(b) the emission limit values, in both concentrations (mg/l) and daily, monthly and yearly totals (kg/yr), and environmental performance limits values;
Amendment 444 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2010/75/EU
Article 5 – paragraph 4 – subparagraph 2
Article 5 – paragraph 4 – subparagraph 2
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). by ... [OP: insert date 6 months of the entry into force of this Directive].
Amendment 452 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 a (new)
Article 1 – paragraph 1 – point 5 a (new)
Directive 2010/75/EU
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 462 #
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 c
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 or accidents and in the event affecting drinking water resources or waste water infrastructures informs the water service provider affected of the measures taken.
Amendment 471 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2010/75/EU
Article 8 – paragraph 1 – subparagraph 2
Article 8 – paragraph 1 – subparagraph 2
They shall also adopt compliance assurance measures to to promote, monitor and enforce compliance with obligations placed on natural or legal persons under this Directive.
Amendment 473 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2010/75/EU
Article 8 – paragraph 2 – subparagraph 2
Article 8 – paragraph 2 – subparagraph 2
Where the breach of the permit conditions poses an immediate danger to human health, drinking water intake or threatens to cause an immediate significant adverse effect upon the environment, and until compliance is restored in accordance with the first subparagraph, points (b) and (c), the operation of the installation, combustion plant, waste incineration plant, waste co- incineration plant or relevant part thereof shall be suspended without any delayactivity for which the permit was issued in accordance with Article 4 shall be suspended without any delay. Discharge of a substance that is not explicitly permitted in the permit is considered breach of the permit conditions for the purpose of the Directive.
Amendment 478 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2010/75/EU
Article 8 – paragraph 2 – subparagraph 2 a (new)
Article 8 – paragraph 2 – subparagraph 2 a (new)
(2a) Where a breach of the permit conditions is likely to affect natural resources, including transboundary resources, the competent authority shall notify all relevant authorities who ensure compliance with environmental legislation and in the event affecting drinking water resources or waste water infrastructures further notifies the water service provider affected, providing full details in relation to the breach and the impacts, without any delay. All relevant authorities shall cooperate in order to ensure that the consequences on the environment and human health are minimised. The competent authorities shall ensure that compliance is restored within the shortest possible time.
Amendment 481 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2010/75/EU
Article 8 – paragraph 3
Article 8 – paragraph 3
Where the breach of the permit conditions continues to cause a danger to human health or a a significant adverse effect upon the environment, and where the necessary action for restoring compliance identified in the inspection report referred to in Article 23(6) have not been implemented, the operation of the installation, combustion plant, waste incineration plant, waste co-incineration plant or relevant part thereof mayactivity for which the permit was issued in accordance with Article 4 shall be suspended by the competent authority until compliance with the permit conditions is restored.
Amendment 486 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2010/75/EU
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
3a. The suspension referred to in the paragraph 2 and 3 of this Article shall operate in an effective manner and shall not be postponed or ceased by any means, including if the operator challenges the suspension decision through any administrative or judicial means, unless there is a definitive judicial decision concluding that the operation can be resumed.
Amendment 488 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2010/75/EU
Article 8 – paragraph 3 b (new)
Article 8 – paragraph 3 b (new)
3b. Member States shall notify the Commission of installations that have failed to fulfil their obligations under this Directive and the penalties imposed on them in accordance with Art. 79 within 30 days of the relevant finding of non- compliance, taking due account the relevant data protection rules. The Commission shall publish annually an updated list of non-compliant installations on the Portal in the framework of Regulation [ Industrial Emissions Portal Reg]. They shall be informed of their inclusion in the list. The list of non- compliant installations shall contain the following elements: (a) the name of the installation; (b) the date of the first inclusion on the list and the date from which sufficient remedial action was taken; (c) a summary of the activities justifying the inclusion of the installation on the list; and (d) the nature and, where financial, the amount of the penalty imposed. Member States shall notify the Commission when the non-compliant installation referred to in the first paragraph has taken sufficient remedial action, including have made full payment of penalties and no other penalty or procedure concerning an alleged infringement has been reported. The Commission shall remove the installation concerned once remedial action has been taken. The Commission shall, without undue delay, notify the competent authorities of the removal of an installation from the list and update the relevant information on the Portal. Without prejudice to the previous subparagraph the competent authority may consider the information on the list when making its decision on a future revision of a permit of an installation.
Amendment 491 #
Proposal for a directive
Article 1 – paragraph 1 – point 6a (new)
Article 1 – paragraph 1 – point 6a (new)
Directive 2010/75/EU
Article 9 – paragraph 1
Article 9 – paragraph 1
Article 9, paragraph 1 is revised as follows: Where emissions of a greenhouse gas from an installation are specified in Annex I to Directive 2003/87/EC in relation to an activity carried out in that installation, the permit shall notmay include an emission limit value for direct emissions of that gas, unlessif necessary to ensure that no significant local pollution is caused.
Amendment 513 #
Proposal for a directive
Article 1 – paragraph 1 – point 7 c (new)
Article 1 – paragraph 1 – point 7 c (new)
Directive 2010/75/EU
Article 10 – paragraph 1
Article 10 – paragraph 1
(7c) Article 10, paragraph 1, is amended as follows: This Chapter shall apply to the activities set out in Annex I and, where applicable, reaching the capacity thresholds set out in that Annex. with the exception of Article 23 which is applicable also for activities set out in Annex Ia, reaching the capacity thresholds where applicable. Or. en (Directive 2010/75/EC)
Amendment 556 #
Proposal for a directive
Article 1 – paragraph 1 – point 8 a (new)
Article 1 – paragraph 1 – point 8 a (new)
Directive 2010/75/EU
Article 12 – paragraph 1 – point c
Article 12 – paragraph 1 – point c
(c) the sources of emissions from the installation; 8a) Article 12 point (c) in the first paragraph is replaced by the following "(c) the sources of emissions from the installation, including odour emissions; " Or. en (Directive 2010/75/EC)
Amendment 557 #
Proposal for a directive
Article 1 – paragraph 1 – point 8 a (new)
Article 1 – paragraph 1 – point 8 a (new)
Directive 2010/75/EU
Article 12 – paragraph 1 – point f
Article 12 – paragraph 1 – point f
(8a) Article 12(1), point (f) is replaced by the following: "(f) the nature and quantities of foreseeable emissions, including odour emissions, from the installation into each medium, and at least for water in both daily, monthly, yearly totals and as concentrations, as well as identification of significant effects of the emissions on the environment by means of proposed measures of biomonitoring as relevant; Or. en (Directive 2010/75/EC)
Amendment 572 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point a
Article 1 – paragraph 1 – point 9 – point a
Directive 2010/75/EU
Article 13 – paragraph 1
Article 13 – paragraph 1
1. In order to draw up, review and, where necessary, update BAT reference documents, the Commission shall organise an balanced exchange of information between Member States, the industries concerned, techniques´ providers, non- governmental organisations promoting environmental protection, the European Chemicals Agency and the Commission, European Environmental Agency, the Commission and water service providers when addressing emissions to water and relevant environmental performance levels.
Amendment 643 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a – point i
Article 1 – paragraph 1 – point 10 – point a – point i
Directive 2010/75/EU
Article 14 – paragraph 1 – subparagraph 1
Article 14 – paragraph 1 – subparagraph 1
Member States shall ensure that the permit includes all measures necessary to comply with the requirements of Articles 11 and 18. To that effect, Member States shall ensure that permits are granted further to consultation of all relevant authorities who ensure compliance with Union environmental legislation, including with environmental quality standards and of the water service providers when concerning emissions to water.;
Amendment 648 #
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
emission limit values for polluting substances listed in Annex II of Regulation (EC) No 166/2006*, and for other polluting substances, which are likely to be emitted from the installation concerned, in significant quantities, having regard to their nature and their potential to transfer pollution from one medium to another; cluding all priority and priority hazardous substances, substances of very high concern and substances of emerging concern and including where relevant odour emissions, having regard to their nature and their potential to transfer pollution from one medium to another, the level of polluting substance already present in the receiving environment and at least in case of emissions to water expressed in both daily, monthly, yearly totals and as concentrations, having regard to the annual flow and minimum daily flow of a receiving surface water body;
Amendment 672 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a – point vi a (new)
Article 1 – paragraph 1 – point 10 – point a – point vi a (new)
Directive 2010/75/EU
Article 14 – paragraph 1 – subparagraph 2 – point d – introductory part
Article 14 – paragraph 1 – subparagraph 2 – point d – introductory part
(via) In Article 14, paragraph 1, subparagraph 2, point d, introductory part is replaced by following: an obligation to supply the competent authority regularly, and at least annually, with: , and make available to public: Or. en (Directive 2010/75/EC)
Amendment 676 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 a (new)
Article 1 – paragraph 1 – point 3 a (new)
Directive 2010/75/EU
Article 3 – paragraph 1 – point 9
Article 3 – paragraph 1 – point 9
(3a) Article 3 point 9 is amended as follows: ‘substantial change’ means a change in the nature or functioning, an extension, or an extension, of duration of operation of an installation or combustion plant, waste incineration plant or waste co-incineration plant which may have significant negative effects on human health or the environment; Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02010L0075- 20110106&qid=1670312326229)
Amendment 686 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a – point vii a (new)
Article 1 – paragraph 1 – point 10 – point a – point vii a (new)
Directive 2010/75/EU
Article 14 – paragraph 1– subparagraph 2 – point e
Article 14 – paragraph 1– subparagraph 2 – point e
(viia) In Article 14, paragraph 1, subparagraph 2, point e is replaced as follows: appropriate requirements for the regular maintenance and surveillance of measures taken to prevent emissions to soil, surface and groundwater pursuant to point (b) and appropriate requirements concerning the periodic monitoring of soil, surface and groundwater in relation to relevant hazardous substances likely to be found on site and having regard to the possibility of soil, surface and groundwater contamination at the site of the installation; Or. en (Directive 2010/75/EC)
Amendment 705 #
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Directive 2010/75/EU
Article 14a – paragraph 1
Article 14a – paragraph 1
Member States shall require the operator to prepare and implement, for each installation, and for installations jointly covered by a permit pursuant to Article 4(2), 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.
Amendment 725 #
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Directive 2010/75/EU
Article 14a – paragraph 2 – point a – point ii
Article 14a – paragraph 2 – point a – point ii
(ii) optimise and enable resource use and water reuse, recycling and reuse, optimise water use, increase water reuse and enable use of reclaimed water for other uses;
Amendment 731 #
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Directive 2010/75/EU
Article 14a – paragraph 2 – point a – point ii a (new)
Article 14a – paragraph 2 – point a – point ii a (new)
(iia) perform suitable biomonitoring;
Amendment 733 #
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Directive 2010/75/EU
Article 14a – paragraph 2 – point a – point iii
Article 14a – paragraph 2 – point a – point iii
(iii) prevent or reduce risks associated with the use of hazardous substancesproduction, use and losses of hazardous substances and other substances or groups of substances which give rise to an equivalent level of concern, including their transformation products or by-products and substances included on the watch list of substances of emerging concern in accordance with the [ Proposal for a Directive amending Directive 2000/60/EC establishing a framework for Community action in the field of water policy, Directive 2006/118/EC on the protection of groundwater against pollution and deterioration and Directive 2008/105/EC on environmental quality standards in the field of water policy ].
Amendment 741 #
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Directive 2010/75/EU
Article 14a – paragraph 2 – point b
Article 14a – paragraph 2 – point b
(b) objectives and performance indicators in relation to significant environmental aspects, covering the core environmental performance indicators as described in Annex IV of Regulation(EC) 1221/20091a, and which shall take into account benchmarks set out in the relevant BAT conclusions and the life- cycle environmental performance of the supply chain; , identifying as well industrial symbiosis opportunities; __________________ 1a Regulation (EC) no 1221/2009 of the European Parliament and of the Council of 25 November 2009 on the voluntary participation in a Community eco- management and audit scheme (EMAS), repealing Regulation (EC) No 761/2001 and Commission Decisions 2001/681/E and 2006/193/EC
Amendment 748 #
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Directive 2010/75/EU
Article 14a – paragraph 2 – point d
Article 14a – paragraph 2 – point d
(d) a chemicals inventory of the hazardous substances present in the installation as such, as constituents of other substances or as part of mixtures including their transformation products or by- products and substances included on the watch list of substances of emerging concern in accordance with the [ Proposal for a Directive amending Directive 2000/60/EC establishing a framework for Community action in the field of water policy, Directive 2006/118/EC on the protection of groundwater against pollution and deterioration and Directive 2008/105/EC on environmental quality standards in the field of water policy ], 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;
Amendment 753 #
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Directive 2010/75/EU
Article 14a – paragraph 2 – point d a (new)
Article 14a – paragraph 2 – point d a (new)
(da) measures or plans to substitute hazardous substances with safer alternatives.
Amendment 761 #
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Directive 2010/75/EU
Article 14a – paragraph 3
Article 14a – paragraph 3
3. The environmental reporting on the EMS of an installation shall be made available on the Iinternet, through the Portal1a, free of charge and without restricting access to registered users. The description of the actions planned to improve environmental performance, the achievement of the core environmental performance indicators and other actions to ensure compliance with benchmark reference standards under this Article shall be comparable at sector and Union level. __________________ 1a Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on reporting of environmental data from industrial installations and establishing an Industrial Emissions Portal COM/2022/157
Amendment 770 #
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2010/75/EU
Article 15 – paragraph 1 – subparagraph 1
Article 15 – paragraph 1 – subparagraph 1
The emission limit values for polluting substances shall apply at the point where the emissions leave the installation, and any dilution shall be prohibited prior to that point shall beand disregarded when determining those values.
Amendment 771 #
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2010/75/EU
Article 15 – paragraph 1 – subparagraph 2 – introductory part
Article 15 – paragraph 1 – subparagraph 2 – introductory part
With regard to indirect releases of polluting substances into water, the effect of ain the first step the effect on an urban or industrial waste water treatment plant, as applicable, outside the installation shall be taken into account when determining the emission limit values of the installation concerned in accordance with Article 14 of Directive [Urban Wastewater Treatment Directive (recast)]. As a second step the effect of an urban or industrial waste water treatment plant outside the installation may be taken into account when determining the emission limit values of the installation concerned,. These steps, as applicable, shall be undertaken provided that the operator ensures that all of the following requirements are fulfilled:
Amendment 776 #
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2010/75/EU
Article 15 – paragraph 1 – subparagraph 2 – point a
Article 15 – paragraph 1 – subparagraph 2 – point a
(a) the released polluting substances do not impede the operation of the waste water treatment plant; nor the capacity or the potential to recover resources from the waste water treatment stream in line with Directive 86/2781a and Regulation 2020/7412a. __________________ 1a The Sewage Sludge Directive 2a The Water Reuse Regulation
Amendment 778 #
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2010/75/EU
Article 15 – paragraph 1 – subparagraph 2 – point c
Article 15 – paragraph 1 – subparagraph 2 – point c
(c) the industrial waste water treatment plant is designed and equipped to abate the released polluting substances or the urban waste water treatment plant operator agrees to receive and treat the additional load coming from the installation on the basis of the information provided by the installation operator;
Amendment 780 #
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2010/75/EU
Article 15 – paragraph 1 – point c a (new)
Article 15 – paragraph 1 – point c a (new)
(ca) the polluter pays principle is upheld and the operator of the installation is financially responsible for the costs linked to the additional treatments required by the waste water treatment plant;
Amendment 786 #
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2010/75/EU
Article 15 – paragraph 1– subparagraph 3
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 result of the assessment by the operator of the fulfilment of the required conditions. , which shall be made publicly available online through the Portal1a used for industrial reporting and assessment of compliance. __________________ 1a COM(2022)157 - Reporting of environmental data from industrial installations and establishing an Industrial Emissions Portal
Amendment 794 #
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2010/75/EU
Article 15 – paragraph 3 – subparagraph 1 – introductory part
Article 15 – paragraph 3 – subparagraph 1 – introductory part
Amendment 844 #
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2010/75/EU
Article 15– paragraph 4 – subparagraph 1 – introductory part
Article 15– paragraph 4 – subparagraph 1 – introductory part
By way of derogation from paragraph 3, and without prejudice to Article 18, the competent authority may, in specific cases, which shall not relate to the cross-media effect considered for the purpose of application of Article 15.3, set less strict emission limit values. Such a derogation may apply only where an assessment shows that the achievement of emission levels associated with the best available techniques as described in BAT conclusions would lead to disproportionately higher costs compared to the environmental benefits due to:
Amendment 853 #
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2010/75/EU
Article 15 – paragraph 4 – subparagraph 1 – point a
Article 15 – paragraph 4 – subparagraph 1 – point a
(a) the geographical location or the local environmental conditions of the installation concerned; or
Amendment 857 #
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2010/75/EU
Article 15 – paragraph 4 – subparagraph 1 – point b
Article 15 – paragraph 4 – subparagraph 1 – point b
(b) the technical characteristics of the installation concerned, including a situation of an agreed closure plan of the installation within 4 years after the date of formulation of the opinion of the forum referred to under Article 13.3.
Amendment 871 #
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2010/75/EU
Article 15 – paragraph 4 – subparagraph 3
Article 15 – paragraph 4 – subparagraph 3
The emission limit values set in accordance with the first subparagraph shall, however, not in any case exceed the emission limit values set out in the Annexes to this Directive, by, where applicable: (a) disregarding the exemptions previously provided for installations put into operation before 2004; (b) applying the emission level value for the class of the highest total rated thermal input for all classes; (c) considering all installations 'new installations'.
Amendment 876 #
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2010/75/EU
Article 15 – paragraph 4 – subparagraph 4
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 aim to prevent pollution and in any case ensure that no significant pollution is caused, that a derogation does not concern priority substances listed in Annex X to Directive 2000/60/EC, substances of very high concern, and the substances on the watchlist of substances of emerging concern, and that a high level of protection of the environment as a whole is achieved. Derogations shall not be granted where they may put at risk compliance with environmental quality standards referred to in Article 18.
Amendment 891 #
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2010/75/EU
Article 15 – paragraph 4 – subparagraph 6
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 using the European Environment Agency’s Value of Statistical Life (VSL) method and considering at least 15-year time scale of operation of installation. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 75(2).
Amendment 910 #
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2010/75/EU
Article 15a – paragraph 2 – subparagraph 1
Article 15a – paragraph 2 – subparagraph 1
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 rules to identify relevant measuring methods 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).
Amendment 912 #
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2010/75/EU
Article 15a – paragraph 2 – subparagraph 2
Article 15a – paragraph 2 – subparagraph 2
The relevant methods referred to in the first subparagraph shall be defined by technical standardisation bodies and 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.
Amendment 923 #
Proposal for a directive
Article 1 – paragraph 1 – point 14 a (new)
Article 1 – paragraph 1 – point 14 a (new)
Directive 2010/75/EU
Article 17 – paragraph 1
Article 17 – paragraph 1
Amendment 946 #
Proposal for a directive
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Where stricter conditions have been included in the permit in accordance with the first paragraph, regular monitoring of the concentration and loads of relevant pollutants inat the receiving environmedischarge point resulting from operations of the installations concerned shall be required from the operator, and the results of such monitoring shall be transmitted to the competent authority and the downstream drinking water and/or wastewater treatment plants operators, as relevant. Where monitoring and measurement methods for the concerned pollutants, including cocktail effects, are set out in other relevant Union legislation, such methods shall be used for the purpose of the monitoring referred to in this paragraph..
Amendment 953 #
Proposal for a directive
Article 1 – paragraph 1 – point 15 c (new)
Article 1 – paragraph 1 – point 15 c (new)
Directive 2010/75/EU
Article 21 – paragraph 1
Article 21 – paragraph 1
(15c) in Article 21 paragraph 1 is replaced as follows: "Member States shall take the necessary measures to ensure that the competent authority periodically and at least every 7 years reconsiders in accordance with paragraphs 2 to 5 all permit conditions and, where necessary to ensure compliance with this Directive, updates those conditions. (Directive 2010/75/EC)the revision of the permit is explicitly prescribed only in the context of the new BAT conclusions, which can last more than 10 years. Revision of a permit more often than once in a decade in the context of fast changing environmental conditions and quality ofOr. en the environment, which are elements considered in this article is appropriate.
Amendment 955 #
Proposal for a directive
Article 1 – paragraph 1 – point 15 c (new)
Article 1 – paragraph 1 – point 15 c (new)
Directive 2010/75/EU
Article 21 – paragraph 3 – subparagraph 1 – introductory part
Article 21 – paragraph 3 – subparagraph 1 – introductory part
(15c) In Article 21, paragraph 3, subparagraph 1, introductory part is amended as follows: "Within 4 years of publication of decisions on BAT conclusions in accordance with Article13(5) relating to the main activity of, applicable for an installation, the competent authority shall ensure that: (Directive 2010/75/EC)Re 1: Any relevant BAT conclusions, also in case there are any horizontal ones prepared, should be considered for the permit. For illustration- the applicability of the Common Waste Water BREF might be limited, as for industries for which it may be relevant and applicable, treatment of waste water is not the main activity. Re 2: installation that is starting to operate for the first time after BAT is published, should apply" Or. en techniques which would allow it to meet limits in BAT conclusions.
Amendment 958 #
Proposal for a directive
Article 1 – paragraph 1 – point 15 c (new)
Article 1 – paragraph 1 – point 15 c (new)
Directive 2010/75/EU
Article 21 – paragraph 3 – subparagraph 1 a (new)
Article 21 – paragraph 3 – subparagraph 1 a (new)
Amendment 974 #
Proposal for a directive
Article 1 – paragraph 1 – point 16 b (new)
Article 1 – paragraph 1 – point 16 b (new)
Directive 2010/75/EU
Article 22 – paragraph 2
Article 22 – paragraph 2
(16a) In Article 22, paragraph 2 is replaced as follows: "2. Where the activity involves the use, production or release of relevant hazardous substances and having regard to the possibility of soil, surface and groundwater contamination at the site of the installation, the operator shall prepare and submit to the competent authority a baseline report before starting operation of an installation or before a permit for an installation is updated for the firsttime after 7 January 2013. The baseline report shall contain the information necessary to determine the state of soil, surface and groundwater contamination so as to make a quantified comparison with the state upon definitive cessation of activities provided for under paragraph 3. " Or. en (Directive 2010/75/EC)
Amendment 1017 #
Proposal for a directive
Article 1 – paragraph 1 – point 17 a (new)
Article 1 – paragraph 1 – point 17 a (new)
Directive 2010/75/EU
Article 25 – paragraph 1– subparagraph 1 – introductory part
Article 25 – paragraph 1– subparagraph 1 – introductory part
(17a) In Article 25, paragraph 1, introductory part is replaced as follows: "Member States shall ensure that, in accordance with the relevant national legal system, members of the public concerned have access to a review procedure before a court of law or another independent and impartial body established by law to challenge the substantive or procedural legality of decisions, acts or omissions subject to Articles 8, 14, 17(1)-(3), 22, 23(2), (4) and(5) and Article 24 when one of the following conditions is met: " Or. en (Directive 2010/75/EC)
Amendment 1067 #
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 c – paragraph 1
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.
Amendment 1094 #
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d – paragraph 1 – subparagraph 1
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 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. The transformation plan shall include roadmap on how the installation plans to become more energy, water, and resource efficient by laying down the measures that will be implemented to reduce the overall consumption and improve the efficiency of use, reuse and recycling of resources, inter alia by deployment of water reuse system, and including by means of identification of industrial symbiosis opportunities, to improve overall efficiency of its operations and to prevent the installation becoming a water-related stranded asset.
Amendment 1132 #
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d – paragraph 2 – subparagraph 1
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. The transformation plan shall include roadmap on how the installation plans to become more energy, water, and resource efficient by laying down the measures that will be implemented to reduce the overall consumption and improve the efficiency of use, reuse and recycling of resources, including by means of identification of industrial symbiosis opportunities, to improve overall efficiency of its operations and to prevent the installation becoming a water-related stranded asset.
Amendment 1209 #
Proposal for a directive
Article 1 – paragraph 1 – point 23 b (new)
Article 1 – paragraph 1 – point 23 b (new)
Directive 2010/75/EU
Article 44 – paragraph 1 – point d a (new)
Article 44 – paragraph 1 – point d a (new)
(23b) In Article 44, paragraph 1, point d a (new) is added: (da) for new incineration plants and those built after December 2011, the incineration of materials that can be sorted and recycled is to be avoided, inter alia, by application of mixed municipal waste sorting systems.
Amendment 1214 #
Proposal for a directive
Article 1 – paragraph 1 – point 23 c (new)
Article 1 – paragraph 1 – point 23 c (new)
Directive 2010/75/EU
Article 50 – paragraph 2 a (new)
Article 50 – paragraph 2 a (new)
(23c) In Article 50, paragraph 2a (new) is inserted: 2a. Emissions to air from waste incineration and co-incineration plants shall also be monitored during other than normal operating conditions (OTNOC), particularly emissions of PCDD/F and dioxin like-PCBs during start-up and shut-down operations. The incineration and co-incineration plants shall prevent emissions of PCDD/F and dioxin like- PCBs during all operating times, including OTNOC, inter alia by ensuring that the flue gas cleaning system is in full operation prior to waste feed.
Amendment 1217 #
Proposal for a directive
Article 1 – paragraph 1 – point 23 e (new)
Article 1 – paragraph 1 – point 23 e (new)
Directive 2010/75/EU
Article 55 – paragraph 2
Article 55 – paragraph 2
(23e) In Article 55, paragraph 2 is replaced by "2. For waste incineration plants or waste co-incineration plants with a nominal capacity of 2 tonnes or more per hour, the report referred to in Article 72 shall include information on the functioning and monitoring of the plant and give account of the running of the incineration or co- incineration process and the level of emissions into air and water in comparison with the emission limit values. Thate information shall include emission data in gross values, reports from the laboratories and shall be made available to the public. Or. en (3A32010L0075)
Amendment 1267 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70b – paragraph 1
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. Member States shall ensure that this rule is used to prevent circumvention of the obligations set out in this directive.
Amendment 1287 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EC
Article 70c – paragraph 2 – subparagraph 1 – point b
Article 70c – paragraph 2 – subparagraph 1 – point b
(b) the animal type and its stocking density;
Amendment 1332 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EC
Article 70e – paragraph 1a (new)
Article 70e – paragraph 1a (new)
1a. Member States, with the support of the Commission, will supplement the compliance monitoring system in this Article by the application of standardized monitoring of environmental pollutants, including pesticides, microplastics, heavy metals, polycyclic aromatic hydrocarbons, volatile organic compounds and particulate matter in honey bee colonies across their territories.
Amendment 1349 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EC
Article 70f – paragraph 3 – subparagraph 2
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 immediately by the competent authority until compliance is restored.
Amendment 1468 #
Proposal for a directive
Article 1 – paragraph 1 – point 27
Article 1 – paragraph 1 – point 27
Directive 2010/75/EU
Article 74 – paragraph 2 – subparagraph 1 – point b
Article 74 – paragraph 2 – subparagraph 1 – point b
(b) there is a divergence in regulation of its environmental performance diverges within the Union;
Amendment 1470 #
Proposal for a directive
Article 1 – paragraph 1 – point 27
Article 1 – paragraph 1 – point 27
Directive 2010/75/EU
Article 74 – paragraph 2 – subparagraph 1 – point c
Article 74 – paragraph 2 – subparagraph 1 – point c
(c) it presents potential for improvement in terms of its environmental impact through the application of best available techniques or innovative techniques renders improvement in terms of its environmental impact;
Amendment 1472 #
Proposal for a directive
Article 1 – paragraph 1 – point 27
Article 1 – paragraph 1 – point 27
Directive 2010/75/EU
Article 74 – paragraph 2 – subparagraph 1 – point d
Article 74 – paragraph 2 – subparagraph 1 – point d
(d) its inclusion within the scope of this Directive is assessed, on the basis of its to have a favourable ratio of environmental, economic and social impacts, to have a favourable ratio of societal benefits to economic costs.
Amendment 1502 #
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 which shall be at least 8 % of the operator’s annual turnover in the Member State concernedUnion, calculated in accordance with Article 5(1)of Council Regulation (EC) 139/20041a. __________________ 1a Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (the EC Merger Regulation) (OJ L 24,29.1.2004, p. 1
Amendment 1505 #
Proposal for a directive
Article 1 – paragraph 1 – point 31
Article 1 – paragraph 1 – point 31
Directive 2010/75/EC
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 maxinimum amount of such fines shall be at least 8 % of the operator’s annual turnover in the Member State concerned.
Amendment 1509 #
Proposal for a directive
Article 1 – paragraph 1 – point 31
Article 1 – paragraph 1 – point 31
Directive 2010/75/EU
Article 79 – paragraph 3 – point a
Article 79 – paragraph 3 – point a
(a) the nature, gravity, and extent of the violation, considering inter alia the scale of financial benefits gained, including the estimated avoided cost of compliance;
Amendment 1510 #
Proposal for a directive
Article 1 – paragraph 1 – point 31
Article 1 – paragraph 1 – point 31
Directive 2010/75/EU
Article 79 – paragraph 3 – point c
Article 79 – paragraph 3 – point c
(c) the population or the environment affected by the violation, bearing in mind the impact of the infringement on the objective of achieving a high level of protection of human health and the environment.. , including the duration that is required to restore the environment or, in case the damage is irreversible - the irreversibility of the environmental damage caused;
Amendment 1513 #
Proposal for a directive
Article 1 – paragraph 1 – point 31
Article 1 – paragraph 1 – point 31
Directive 2010/75/EC
Article 79 – paragraph 3 – point c
Article 79 – paragraph 3 – point c
(c) the population or the environment affected by the violation, be it directly or indirectly, bearing in mind the impact of the infringement on the objective of achieving a high level of protection of human health and the environment..
Amendment 1515 #
Proposal for a directive
Article 1 – paragraph 1 – point 31
Article 1 – paragraph 1 – point 31
(ca) any relevant previous violations and a receipt of an admonition or administrative penalty, or criminal sanction in accordance with the Directive 2008/99/EC by the operator in relation to the activity;
Amendment 1540 #
Proposal for a directive
Article 1 – paragraph 1 – point 32
Article 1 – paragraph 1 – point 32
Directive 2010/75/EU
Article 79a – paragraph 1
Article 79a – paragraph 1
1. Member States shall ensure that, where damage to human health has occurred as a result of a violation of national measures that were adopted pursuant toand requirements deriving from this Directive, the individuals affected have the right to claim and obtain compensation for that damage from the relevant natural or legal persons responsible for the violation and, where appropriate, from the relevant competent authorities responsible for the violationwhere the decision, act or omission of the authority caused or contributed to the damage.
Amendment 1544 #
Proposal for a directive
Article 1 – paragraph 1 – point 32
Article 1 – paragraph 1 – point 32
Directive 2010/75/EU
Article 79a – paragraph 3
Article 79a – paragraph 3
3. Member States shall ensure that national rules and procedures relating to claims for compensation, including as concerns the burden of proof, are designed and applied in such a way that they do not render impossible or excessively difficult the exercise of the right to compensation for damage caused by a violation pursuant to paragraph 1. National rules and procedures relating to actions for damages resulting from infringements of this Directive shall not be less favourable to the alleged injured parties than those governing similar actions for damages resulting from infringements of national law.
Amendment 1557 #
Proposal for a directive
Article 1 – paragraph 1 – point 32
Article 1 – paragraph 1 – point 32
Directive 2010/75/EU
Article 79a – paragraph 4
Article 79a – paragraph 4
4. Where there is a claim for compensation in accordance with paragraph 1, supported by evidence from which aprima facie evidence reasonably demonstrating that the damage can be associated with the violation, the causality link mayshall be presumed between the damage and the violation,. Member States shall ensure that the onus is on the person responsible for the violation toshall have the right to rebut the presumption, by proveing that the violation did not cause or contribute to the damage.
Amendment 1561 #
Proposal for a directive
Article 1 – paragraph 1 – point 32
Article 1 – paragraph 1 – point 32
Directive 2010/75/EU
Article 79a – paragraph 4a (new)
Article 79a – paragraph 4a (new)
Amendment 1612 #
Proposal for a directive
Annex I – paragraph 1 – point c
Annex I – paragraph 1 – point c
Directive 2010/75/EU
Annex I – paragraph 3 – subparagraph 2 – point 2.7
Annex I – paragraph 3 – subparagraph 2 – point 2.7
2.7. Manufacture of lithium-ion batteries (including assembling battery cells and excluding assembling battery modules and battery packs), with a production capacity of 3,52 GWh or more per year.;
Amendment 1619 #
Proposal for a directive
Annex I – paragraph 1 – point d
Annex I – paragraph 1 – point d
Directive 2010/75/EU
Annex I – paragraph 3 – subparagraph 3 – point 3.5 – point b
Annex I – paragraph 3 – subparagraph 3 – point 3.5 – point b
(b) a kiln annual production capacity exceeding 4 m3 and a setting density per kiln exceeding 300 kg/m3000 tonnes;
Amendment 1624 #
Proposal for a directive
Annex I – paragraph 1 – point e
Annex I – paragraph 1 – point e
Directive 2010/75/EU
Annex I – paragraph 3 – subparagraph 3 – point 3.6 – introductory part
Annex I – paragraph 3 – subparagraph 3 – point 3.6 – introductory part
3.6. Extraction and treatment (operations such as comminution, size control, beneficiation and, upgrading and purification) of the following non-energy minerals:
Amendment 1629 #
Proposal for a directive
Annex I – paragraph 1 – point e
Annex I – paragraph 1 – point e
Directive 2010/75/EU
Annex I – paragraph 3 – subparagraph 3 – point 3.6 – point b
Annex I – paragraph 3 – subparagraph 3 – point 3.6 – point b
(b) metalliferous ores, including bauxiterich in and mined for the purpose of extraction of aluminium, chromium, cobalt, copper, gold, silver, iron, lead, lithium, manganese, nickel, palladium, platinum, tin, tungsten and zinc.’;
Amendment 1633 #
Proposal for a directive
Annex I – paragraph 1 – point e b (new)
Annex I – paragraph 1 – point e b (new)
Directive 2010/75/EU
Annex I – paragraph 3 – subparagraph 4 – point 4.2 – point a
Annex I – paragraph 3 – subparagraph 4 – point 4.2 – point a
(eb) In Annex I, paragraph 3, subparagraph 4, point 4.2, point a is replaced as follows: "gases, such as ammonia, chlorine or hydrogen chloride, fluorine or hydrogen fluoride, carbon oxides, sulphur compounds, nitrogen oxides, hydrogen except renewable hydrogen complying with the principle of additionality produced in an installation below 50MW rated thermal input, sulphur dioxide, carbonyl chloride " Or. en (Directive 2010/75/EU)
Amendment 1634 #
Proposal for a directive
Annex I – paragraph 1 – point e c (new)
Annex I – paragraph 1 – point e c (new)
Directive 2010/75/EU
Annex I – paragraph 3 – subparagraph 5 – point 5.2 – point b
Annex I – paragraph 3 – subparagraph 5 – point 5.2 – point b
Amendment 1637 #
Proposal for a directive
Annex I – paragraph 1 – point g
Annex I – paragraph 1 – point g
Directive 2010/75/EU
Annex I – paragraph 3 – subparagraph 5 – point 5.3 – point a – indent i
Annex I – paragraph 3 – subparagraph 5 – point 5.3 – point a – indent i
(i) biological treatment (such as anaerobic digestion or co-digestion);
Amendment 1645 #
Proposal for a directive
Annex I – paragraph 1 – point j b (new)
Annex I – paragraph 1 – point j b (new)
Directive 2010/75/EU
Annex I – paragraph 3 – subparagraph 6 – point 6.6 a (new)
Annex I – paragraph 3 – subparagraph 6 – point 6.6 a (new)
In Annex I, paragraph 3, subparagraph 6, point 6.5 a (new) is inserted 6.6a. Aquaculture with a production capacity of at least 100 tonnes of fish, shell fish or in a mixed cultivation per year;
Amendment 1671 #
Proposal for a directive
Annex II
Annex II
Directive 2010/75/EC
Annex Ia – point 1
Annex Ia – point 1
1. Rearing of cattle, pigs or poultry in installations of 150 livestock units (LSU) or more.
Amendment 1692 #
Proposal for a directive
Annex II
Annex II
Directive 2010/75/EC
Annex Ia – paragraph 2
Annex Ia – paragraph 2
Rearing of any mix of the following animals: cattle, pigs, poultry, in installations of 150 LSU or more.