BETA

17 Amendments of Bert-Jan RUISSEN related to 2022/0104(COD)

Bert-Jan RUISSEN

Proposal for a directive
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, where animals are only seasonally reared in indoor installations, and the range of environmental impacts they may have. The proportionality requirements in BATs aim to incentivise farmers to implement the necessary transition towards increasingly environmentally friendly agricultural practices.deleted

2022/11/18
Committee: AGRI

Bert-Jan RUISSEN

Proposal for a directive
Recital 29

(29) In order to ensure that Directive 2010/75/EU continues meeting its objectives to prevent or reduce emissions of pollutants and achieve a high level of protection of human health and the environment, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to supplement that Directive in order to establish operating rules containing requirements for activities relating to rearing of poultry, pigs and cattle, and to amend Annexes I and Ia to that Directive by adding an agro-industrial activity to ensure that it meets its objectives to prevent or reduce pollutants emissions and achieve a high level of protection of human health and the environment. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 201677 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ 77 Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making; OJ L 123, 12.5.2016, p. 1–14.

2022/11/18
Committee: AGRI

Bert-Jan RUISSEN

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

Directive 2010/75/EU
Article 3 – paragraph 1 – point 17

(17) ‘the public concerned’ means the public affected or likely to be affected by, or having an interest in, the taking of a decision on the granting or the updating of a permit or of permit conditions; for the purposes of this definition, non- governmental organisations promoting the protection of human health or the environment and meeting any requirements under national law shall be deemed to have an interest;.;

2022/11/18
Committee: AGRI

Bert-Jan RUISSEN

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

(ea) representatives of the farmers concerned;

2022/11/18
Committee: AGRI

Bert-Jan RUISSEN

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

Directive 2010/75/EU
Article 27c

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. In the case of rearing facilities covered by the provisions in Chapter VIa, for provisions associated with emerging techniques, the applicable time limits may be extended up to 17 years.

2022/11/18
Committee: AGRI

Bert-Jan RUISSEN

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

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

1a. By way of derogation from paragraph 1 of this Article, Member States shall provide for a simple procedure for registration covering the majority of farms rearing animals covered in this chapter. The procedure for registration referred to in the first subparagraph shall be laid down in a binding act and consist of a simple requirement for a notification to the competent authority by the farmer of the intention to operate its activity. Member States shall use any similar pre- existing procedure for the registration in order to avoid creating an administrative burden.

2022/11/18
Committee: AGRI

Bert-Jan RUISSEN

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

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

~~(a) preparation of general binding rules as referred to in Article 6 on permits for installations falling within the scope of this Chapter;~~deleted

2022/11/18
Committee: AGRI

Bert-Jan RUISSEN

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

Directive 2010/75/EU
Article 70g – paragraph 2

2. The competent authority shall make available to the public~~, including systematically via the Internet, free of charge and without restricting access to registered users~~ concerned, upon request, the following documents and information:

2022/11/18
Committee: AGRI

Bert-Jan RUISSEN

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

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

1. The Commission shall establish operating rules containing requirements consistent with the use of best available techniques for the activities listed in Annex Ia, which shall include the following: (a) emission limit values; (b) monitoring requirements; (c) land spreading practices; (d) pollution prevention and mitigation practices; (e) environmental performance limit values; (f) other measures consistent with Annex III. The operating rules shall take into account inter alia the nature, type, size and density of these installations and the specificities of pasture based cattle rearing systems, where animals are only seasonally reared in indoor installations.deleted

2022/11/18
Committee: AGRI

Bert-Jan RUISSEN

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

2022/11/18
Committee: AGRI

Bert-Jan RUISSEN

Proposal for a directive
Article 1 – paragraph 1 – point 25 Directive 2010/75/EU

2a. The operating rules shall be based on BAT without prescribing the use of any technique or specific technology.

2022/11/18
Committee: AGRI

Bert-Jan RUISSEN

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

Directive 2010/75/EU
Article 70i – paragraph 2b (new)

2b. The operating rules shall be based on an integral assessment taking into account the potential effects on, inter alia, the overall economic sustainability, safety, in particular fire safety, and animal health and welfare.

2022/11/18
Committee: AGRI

Bert-Jan RUISSEN

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

Directive 2010/75/EU
Article 70i – paragraph 3

3. Member States shall ensure that all the permit conditions for the installations concerned are in compliance with the operating rules ~~referred to in paragraph 1 within 42 month~~within 15 years of the entry into force of the ~~delegated~~ act establishing those rules..

2022/11/18
Committee: AGRI

Bert-Jan RUISSEN

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) it has or is expected to have an 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) its inclusion within the scope of 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

2022/11/18
Committee: AGRI

Bert-Jan RUISSEN

Proposal for a directive
Article 1 – paragraph 1 – point 29

Directive 2010/75/EU
Article 76 – paragraph 2

2. The power to adopt delegated acts 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.

2022/11/18
Committee: AGRI

Bert-Jan RUISSEN

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

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

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

2022/11/18
Committee: AGRI

Bert-Jan RUISSEN

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~~making the claim to prove the causality to the damage.

2022/11/18
Committee: AGRI