71 Amendments of Mohammed CHAHIM related to 2022/0104(COD)
Amendment 140 #
Proposal for a directive
Recital 2
Recital 2
(2) The European Green Deal announced a revision of Union measures to address pollution from large industrial installations, including reviewing the sectoral scope of the legislation and how to make it fully consistent with climate, energy, water, and circular economy policies. In addition, the Zero Pollution Action Plan, the Circular Economy Action Plan and the Farm to Fork Strategy also call for improving resource efficiency and reuse while reducing pollutant emissions at source, including sources not currently within the scope of Directive 2010/75/EU of the European Parliament and of the Council69 . Addressing pollution from certain agro- industrial activities thus requires their inclusion within the scope of that Directive. __________________ 69 Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control); OJ L 334, 17.12.2010, p. 17-119.
Amendment 142 #
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
Amendment 143 #
Proposal for a directive
Recital 2 b (new)
Recital 2 b (new)
(2b) Air pollution also harms land and water ecosystems. In 2020, damaging levels of nitrogen deposition were seen in 75% of the total EU ecosystem area. This represents a 12% reduction since 2005 while the EU zero pollution action plan’s target is to reach a 25% reduction by 2030.According to the EEA analysis, 59% of forested areas and in 6% agricultural land were exposed to damaging levels of ground-level ozone in Europe in 2020. Economic losses due to the impacts of ground-level ozone on wheat yields totalled about EUR 1.4 billion across 35 European countries in 2019, with the biggest losses seen in France, Germany, Poland, and Türkiye.1b __________________ 1b https://www.eea.europa.eu/publications/ai r-quality-in-europe-2022/air-quality-in- europe-2022
Amendment 181 #
Proposal for a directive
Recital 9
Recital 9
(9) In order to foster energy efficiency of installations within the scope of Directive 2010/75/EU which are carrying out activities listed in Annex I to Directive 2003/87/EC, it is appropriate to apply the energy efficiency first principle and submit those installations to energy efficiency and resource efficiency requirements in respect of combustion units or other units emitting carbon dioxide on the site. Energy and resource efficiency are key areas of action, without which the full decarbonisation of the Union´s economy cannot be achieved.
Amendment 198 #
Proposal for a directive
Recital 16
Recital 16
(16) The contribution of Directive 2010/75/EU to resource and energy efficiency and circular economy in the Union should be made more effective, taking into consideration the ‘Energy Efficiency First’ as a guiding principle of the Union energy policy. Therefore, the permits should establish, where possible, mandatory environmental performance limit values on consumption and resource efficiency levels, including on the use of water, energy and recycled materials the consumption of water, energy, and raw materials, and their reuse, based on the environmental performance levels associated with the best available techniques (BAT AEPLs) set out in decisions on BAT conclusions.
Amendment 202 #
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) Considering the recurrent drought and flood in Europe with a direct impact on water availability for the European industry which is the largest water consumer in Europe (EEA, 2018), industrial stakeholders must carefully consider quantitatively and qualitatively water risks both on and by their activities. Therefore, the European industry must be mobilised to achieve the so-called “Water- Smart Society” in line with the Green Deal and its international commitments to provide a coherent water strategy. Recognising and realising the Value of Water to ensure water security, safety, and sustainability, it means that 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 266 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2010/75/EU
Article 1 – paragraph 2
Article 1 – paragraph 2
It also lays down rules designed to prevent or, where that is not practicable, to reduce emissions into air, water and land and to prevent the generation of waste, in order to achieve a high level of protection of human health and the environment taken as a whole. In addition, it lays down rules designed to improve resource efficiency in order to reduce the use of water, energy, and raw materials.
Amendment 272 #
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;, and consumption of natural resources including water, energy, and raw materials;
Amendment 286 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a d (new)
Article 1 – paragraph 1 – point 3 – point a d (new)
Directive 2010/75/EU
Article 3 – paragraph 1 – point 6
Article 3 – paragraph 1 – point 6
(ad) (In Article 3, paragraph 1, point 6 is replaced by the following: (6) ‘environmental quality standard’ means the set of requirements and protection objectives which must be fulfilled at a given time by or into a given environment or particular part thereof, as set out in Union law; or international law, including, but not limited to related quality standards, emission ceilings, target values and other objectives, including those set within plans and programmes such as the National Air Pollution and Control Programmes, National Climate and Energy Plans. It also includes relevant pollution prevention standards such as those set out in the latest WHO air quality guidelines and the climate target of 1.5°C under the Paris Agreement; Or. en (32010L0075)
Amendment 314 #
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, which shall include 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 373 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point f
Article 1 – paragraph 1 – point 3 – point f
Directive 2010/75/EU
Article 3 – paragraph 1 – point 51
Article 3 – paragraph 1 – point 51
(51) ‘environmental performance levels associated with emerging techniques’ means the range of environmental performance levels which shall include 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 an emerging technique or a combination of emerging techniques;
Amendment 386 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point f
Article 1 – paragraph 1 – point 3 – point f
Directive 2010/75/EU
Article 3 – paragraph 1 – point 53 – introductory part
Article 3 – paragraph 1 – point 53 – introductory part
(53) ‘‘benchmarks’ means the indicaprescriptive range of environmental performance levels associated with best available techniques, other than emission levels, and mayshall include:
Amendment 389 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point f
Article 1 – paragraph 1 – point 3 – point f
Directive 2010/75/EU
Article 3 – paragraph 1 – point 53 – point a
Article 3 – paragraph 1 – point 53 – point a
(a) consumption levels of water, energy, and raw materials;
Amendment 392 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point f
Article 1 – paragraph 1 – point 3 – point f
Directive 2010/75/EU
Article 3 – paragraph 1 – point 53 – point b
Article 3 – paragraph 1 – point 53 – point b
(b) resource efficiency levels and reuse leveof water, energy, and raw materials;
Amendment 393 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point f
Article 1 – paragraph 1 – point 3 – point f
Directive 2010/75/EU
Article 3 – point 53 – point c
Article 3 – point 53 – point c
(c) reuse levels of coveringwater, energy, and raw materials.
Amendment 394 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point f
Article 1 – paragraph 1 – point 3 – point f
Directive 2010/75/EU
Article 3 – paragraph 1 – point 53 – point d
Article 3 – paragraph 1 – point 53 – point d
Amendment 402 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point f
Article 1 – paragraph 1 – point 3 – point f
Directive 2010/75/EU
Article 3 – paragraph 1 – point 53 a (new)
Article 3 – paragraph 1 – point 53 a (new)
In Article 3, paragraph 1, point 53 a (new) is inserted: (53a) ‘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 start point of the production process to the point where reclaimed water is used, including distribution and storage infrastructure, where relevant;
Amendment 403 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point f
Article 1 – paragraph 1 – point 3 – point f
Directive 2010/75/EU
Article 3 – paragraph 1 – point 53 b (new)
Article 3 – paragraph 1 – point 53 b (new)
In Article 3, paragraph 1, point 53 b (new) is inserted: 53b. ‘reclaimed water’ means water that has been reclaimed from previous uses; it shall be quantified as the amount of water withdrawn minus the amount of water that has not been reclaimed;
Amendment 404 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point f
Article 1 – paragraph 1 – point 3 – point f
Directive 2010/75/EU
Article 3 – paragraph 1 – point 53 c (new)
Article 3 – paragraph 1 – point 53 c (new)
(53c) In Article 3, paragraph 1, point 53c (new) is inserted: 53c. ‘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 416 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2010/75/EU
Article 4 – paragraph 1 – subparagraph 2
Article 4 – paragraph 1 – subparagraph 2
Amendment 448 #
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 5 – paragraph 4 a (new)
Article 5 – paragraph 4 a (new)
5a. In Article 5, paragraph 4a (new) is added: 4a. When an industrial installation discharges waste water directly or indirectly into surface water, drinking water and waste water operators shall be consulted prior to the delivery of the permit on the potential consequences of emissions on their infrastructures and the protection of human health and the environment. The authorities shall take this information into account when defining the permit conditions.
Amendment 465 #
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 a (new)
Article 7 – paragraph 1 – point c a (new)
(ca) In the event of pollution affecting drinking water resources the competent authority shall inform the drinking water and/or waste water operators affected of the measures taken to prevent and/or correct damage to human health and the environment.
Amendment 493 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 a (new)
Article 1 – paragraph 1 – point 6 a (new)
(6a) Article 9 paragraph (1) is amended as follows: "1. 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 not include an and are equal to or lower than the relative product or installation benchmark as set out in Commission Delegated Regulation (EU) 2019/3311a in relation to an activity carried out in that installation, the Member State may choose not to impose emission limit values for direct emissions of that gas, unless necessary to ensure that no significant local pollution is caused. the climate targets set out in Regulation (EU) 2021/11191b are achieved and that no significant pollution is caused. " __________________ 1a Commission Delegated Regulation (EU 2019/331 determining transitional Union- wide rules for harmonised free allocation of emission allowances pursuant to Article 10a of Directive 2003/87/EC of the European Parliament and of the Council, OJ 27.2.2019 L59/8 1b Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (‘European Climate Law’) Or. en (02010L0075)
Amendment 550 #
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
Article 12 – paragraph 1
(8a) Article 12, paragraph 1 is replaced as follows: 1. Member States shall take the necessary measures to ensure that an application for a permit includes a description of the following: (a) the installation and its activities; (b) the raw and auxiliary materials, and other substances and the energyused in or generated by the installation; (ba) the energy, water and resources used in or generated by the installations; (bb) the efficiency of energy, water and resources used in or generated by the installation; (c) the sources of emissions from the installation; (d) the conditions of the site of the installation; (e) where applicable, a baseline report in accordance with Article 22(2); (f) the nature and quantities of foreseeable emissions from the installation into each medium as well as identification of significant effects of the emissions on the environment; (g) the proposed technology and other techniques for preventing or, where this is not possible, reducing emissions from the installation; (h) measures for the prevention, preparation for re-use, recycling and recovery of waste generated by the installation; (i) further measures planned to comply with the general principles of the basic obligations of the operator as provided for in Article 11; (j) measures planned to monitor emissions into the environment; (k) the main alternatives to the proposed technology, techniques and measures studied by the applicant in outline. An application for a permit shall also include a non-technical summary of the details referred to in the first subparagraph. Or. en (02010L0075)
Amendment 551 #
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 a (new)
Article 12 – paragraph 1 a (new)
Amendment 640 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 a (new)
Article 1 – paragraph 1 – point 9 a (new)
Directive 2010/75/EU
Article 13 a (new)
Article 13 a (new)
Amendment 641 #
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.; The list of polluting substances of Annex II of Directive 2010/75/EU shall apply for the purpose of this article, pending their inclusion and entry into effect of Annex II of the [Portal regulation]
Amendment 658 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a – point iv
Article 1 – paragraph 1 – point 10 – point a – point iv
Directive 2010/75/EU
Article 14 – paragraph 1 – subparagraph 2 – point b a (new)
Article 14 – paragraph 1 – subparagraph 2 – point b a (new)
(ba) In Article 14, paragraph 1, subparagraph 2, the following point (ba new) is inserted: (ba) an obligation to prevent or reduce with the aim to avoid or minimize, the emissions of substances fulfilling the criteria of article 57 of regulation (EC) No 1907/2006 or substances addressed in restrictions in annex XVII to that regulation.
Amendment 693 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 a (new)
Article 1 – paragraph 1 – point 10 a (new)
Directive 2010/75/EU
Article 14 – paragraph 3
Article 14 – paragraph 3
Amendment 694 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 b (new)
Article 1 – paragraph 1 – point 10 b (new)
Directive 2010/75/EU
Article 14 – paragraph 4
Article 14 – paragraph 4
(10b) Article 14 paragraph 4 is replaced as follows: 4. Without prejudice to Article 18, the competent authority may set stricter permit conditions than those achievable by the use of the best available techniques as described in the BAT conclusions and in operating rules. Member States may establish rules under which the competent authority may set such stricter conditions. Or. en (32010L0075)
Amendment 695 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 c (new)
Article 1 – paragraph 1 – point 10 c (new)
Directive 2010/75/EU
Article 14 – paragraph 5
Article 14 – paragraph 5
(10c) Article 14 paragraph 5 is replaced as follows: 5. Where the competent authority sets permit conditions on the basis of a best available technique not described in any of the relevant BAT conclusions or operating rules, it shall ensure that: (a) that technique is determined by giving special consideration to the criteria listed in Annex III; and (b) the requirements of Article 15 are complied with. Where the BAT conclusions or operating rules referred to in the first subparagraph do not contain emission levels associated with the best available techniques, the competent authority shall ensure that the technique referred to in the first subparagraph ensures a level of environmental protection equivalent to the best available techniques described in the BAT conclusions. and operating rules. Or. en (32010L0075)
Amendment 696 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 d (new)
Article 1 – paragraph 1 – point 10 d (new)
Directive 2010/75/EU
Article 14 – paragraph 6
Article 14 – paragraph 6
(10d) Article 14 paragraph 6 is replaced as follows: 6. Where an activity or a type of production process carried out within an installation is not covered by any of the BAT conclusions or operating rules or where those conclusions or operating rules do not address all the potential environmental effects of the activity or process, the competent authority shall, after prior consultations with the operator, set the permit conditions on the basis of the best available techniques that it has determined for the activities or processes concerned, by giving special consideration to the criteria listed in Annex III. Or. en (32010L0075)
Amendment 722 #
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 i
Article 14a – paragraph 2 – point a – point i
(i) prevent the generation of wasteall core environmental performance indicators as described in Annex IV of Regulation(EC) 1221/2009;
Amendment 735 #
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 substances, including their transformation products and by-products.
Amendment 737 #
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 a (new)
Article 14a – paragraph 2 – point a – point iii a (new)
(iiia) monitoring of the impact of the installation on the surrounding environment, that shall cover at least dioxins and metals, and must in particular include the determination of the concentration of these pollutants in the immediate vicinity of the installation.
Amendment 769 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 a (new)
Article 1 – paragraph 1 – point 11 a (new)
(11a) The following Article 14b is inserted: In coherence with Directive 2014/52/EU1a, industrial installations covered by this directive shall be made subject to an environmental impact assessment which identifies, describes and assesses the direct and indirect significant effects of an installation on the following factors: (a) population and human health; (b) biodiversity, with particular attention to species and habitats protected under Directive 92/43/EEC and Directive 2009/147/EC; (c) land, soil, water, air and climate; (d) material assets, cultural heritage and the landscape; (e) the interaction between the factors referred to in points (a) to(d). The information to be provided by the operator shall include: (a) a description of the project comprising information on the site, design, size and other relevant features of the project; (b) a description of the likely significant effects of the project on the environment; (c) a description of the features of the project and/or measures envisaged in order to avoid, prevent or reduce and, if possible, offset likely significant adverse effects on the environment; (d) a description of the reasonable alternatives studied by the developer, which are relevant to the project and its specific characteristics, and an indication of the main reasons for the option chosen, taking into account the effects of the project on the environment; (e) a non-technical summary of the information referred to in points(a) to (d); and (f) any additional information specified in Annex IV of Directive 2014/52/EU relevant to the specific characteristics of a particular project or type of project and to the environmental features likely to be affected. __________________ 1a Directive 2014/52/EU of the European Parliament and of the Council of 16 April 2014 amending Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment
Amendment 775 #
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 potential to recover resources from the waste water treatment stream in line with Directive 86/278 (The Sewage Sludge Directive) and Regulation 2020/741 (The Water Reuse Regulation);
Amendment 777 #
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
(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 782 #
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 d a (new)
Article 15 – paragraph 1 – subparagraph 2 – point d a (new)
(da) the extra cost of treating the released polluting substances at the waste water treatment plant shall be covered by the industrial installation operator.
Amendment 784 #
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 d b (new)
Article 15 – paragraph 1 – subparagraph 2 – point d b (new)
(db) the released polluting substances do not contain substances classified as persistent, mobile and toxic, nor as very persistent and very mobile.
Amendment 785 #
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 d c (new)
Article 15 – paragraph 1 – subparagraph 2 – point d c (new)
(dc) based on Article 191(2) TFEU, polluting substances that are not covered by the permit procedure but still released to water, are considered to be prohibited and a justified reason for authorities to restrict installation's operations and discharges.
Amendment 831 #
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2010/75/EU
Article 15 – paragraph 3a
Article 15 – paragraph 3a
3a. The competent authority shall set the strictest possible environmental performance limit values that are consistent with the best performances achievable by applying most effective BAT(s) in the installation, and that ensure that, under normal operating conditions, such performance limits values do not exceed the environmental performance levels associated with BATsbest available techniques (BAT-AEPLs) as laid down in the decisions on BAT conclusions referred to in Article 13(5). The environmental performance limit values shall be based on an assessment by the operator analysing the technical non- feasibility of meeting the strictest end of the BAT-AEPL range and demonstrating the best performance the installation can achieve by applying most effective BAT(s) as described in BAT conclusions or other more stringent reference benchmarks. The operator shall comply with the requirements at the latest by 1st January 2024. The competent authority shall further set environmental performance values, in accordance to the objectives, targets and timeline of the transformation plan elaborated by the operator, that ensure that these objectives are complied with in most timely manner.
Amendment 842 #
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2010/75/EU
Article 15 – paragraph 3 a a (new)
Article 15 – paragraph 3 a a (new)
3aa. For activities set out in Annex Ia, this Article and its subparagraphs are applicable. Whenever there is a reference to BAT conclusions as referred to in Art. 13(5), the reference shall also be made to operating rules as referred to in Article 13a.
Amendment 916 #
Proposal for a directive
Article 1 – paragraph 1 – point 13 a (new)
Article 1 – paragraph 1 – point 13 a (new)
Directive 2010/75/EU
Article 16 – paragraph 1
Article 16 – paragraph 1
(13a) Article 16 paragraph 1 is replaced as follows: "1. The monitoring requirements referred to in Article 14(1)(c) shall, where applicable, be based on the conclusions on monitoring as described in the BAT conclusions. and operating rules. " Or. en (32010L0075)
Amendment 932 #
Proposal for a directive
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Directive 2010/75/EU
Article 18 – paragraph 1
Article 18 – paragraph 1
Where an environmental quality standard, including an area in need of specific protection, and climate targets may be put at risk and therefore requires stricter conditions than those achievable by the use of the best available techniques, additional measures shall be included in the permit with a view to preducventing the specific contribution of the installation to the pollution occurring in the relevant areaactivity to the pollution occurring in the relevant area, or other areas in need of specific protection. Stricter permit conditions can include stricter emission limit values and environmental performance levels, reduction of the operation of the installation, implementation of suitable substitution techniques or other equivalent measures. In the case of substances with persistent, bioaccumulative and toxic (PBT) properties or very persistent and very bioaccumulative (vPvB) properties, the emission limit values included in the permit under Article 14(1) should be equivalent to the detection limit of the monitoring instruments.
Amendment 945 #
Proposal for a directive
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Directive 2010/75/EU
Article 18 – paragraph 2
Article 18 – paragraph 2
Where stricter conditions have been included in the permit in accordance with the first paragraph, regular monitoring of the concentration of relevant pollutants in the receiving environment 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 made available to the public, through direct electronic reporting and integration within the Portal [OP please insert link/ reference to adopted Regulation establishing the Industrial Emissions Portal, COM(2022)157] within the shortest possible time, not exceeding 1 month after the information has been generated. Where monitoring and measurement methods for the concerned pollutants 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 951 #
Proposal for a directive
Article 1 – paragraph 1 – point 15 a (new)
Article 1 – paragraph 1 – point 15 a (new)
Directive 2010/75/EU
Article 19 – paragraph 1
Article 19 – paragraph 1
(15a) Article 19 is replaced as follows: "Member States shall ensure that the competent authority follows or is informed of developments in best available techniques and of the publication of any new or updated BAT conclusions or operating rules and shall make that information available to the public concerned. Or. en (32010L0075)
Amendment 970 #
Proposal for a directive
Article 1 – paragraph 1 – point 16 a (new)
Article 1 – paragraph 1 – point 16 a (new)
Directive 2010/75/EU
Article 21 – paragraph 5 – point c a (new)
Article 21 – paragraph 5 – point c a (new)
(16a) In Article 21, paragraph 5, point ca (new) is inserted as follows: (ca) when the analysis from the environmental management system, as laid down in article 14a 2(d), shows that there is a possibility to substitute or further reduce the use and emissions the substances fulfilling the criteria of article 57 and substances covered by restrictions of annex XVII to Regulation (EC) No 1907/2006.
Amendment 1092 #
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 14athe first day of the month following 24 months after the date of entry into force of this Directive or 1 January 2026, whichever comes first, the operator establishes 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 will then be added to the environmental management system referred to in Article 14a and 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. to contribute to the Union’s 2050 climate and environmental targets, especially those laid down in Regulation 2021/1119 of 30June 2021. Without prejudice to the implementing Act mentioned in paragraph 4, the plans shall at least include the following elements: (a) a greenhouse gases emissions reduction pathway (b) an estimate of the needs to re- /upskill the workforce in anticipation of the introduction of processes necessary to achieve the EU climate targets (c) a planned trajectory of the evolution of water, energy and raw materials consumption, with a specific breakdown between virgin and secondary raw materials. Operators will associate every indicator to intermediary targets at least for years 2030, 2035 and 2040.
Amendment 1103 #
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 a (new)
Article 27 d – paragraph 1 a (new)
1a. Member States shall take the necessary measures to ensure that transformation plans mentioned in paragraph 1 are regularly revised and updated at a frequency that does not exceed 5 years.
Amendment 1115 #
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 2
Article 27 d – paragraph 1 – subparagraph 2
Member States shall take the necessary measures to ensure that by 31 December 2031, 27,the audit organisation contracted by the operator as part of its environmental management system assesses the conformityvalidity and credibility of the data reported per element of the transformation plans referred to in the first subparagraph of paragraph 1 with the requirements set out in the implementing act referred to i, in the light of their potential contribution to Union’s climate neutrality, circular economy and zero pollution ptaragraph 4gets.
Amendment 1135 #
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
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, following the same modalities than those laid down in Article 14a.
Amendment 1160 #
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d – paragraph 3
Article 27 d – paragraph 3
3. The operator shall make available to the public as soon as possible, including systematically via the Internet, including through integration of the information in the Industrial Emissions Portal1a, free of charge and without restricting access to registered users, its transformation plan and its updates 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. , as well as the potential necessary corrective measures following that assessment. Those elements may be included in the operator’s environmental management system. __________________ 1a COM(2022)157 - Reporting of environmental data from industrial installations and establishing an Industrial Emissions Portal
Amendment 1178 #
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d – paragraph 4
Article 27 d – paragraph 4
4. The Commission shall by 30 June 2028, adopt an implementing act establishing the format for the transformation planBefore 30 June 2024, the Commission shall adopt an implementing act, based on sector activity specific milestones and environmental performance indicators co-developed with public interest stakeholder groups, establishing the format for the reporting of the elements included in the transformation plans. This delegated act shall also contain details on the audit methodology and requirements for the selection of the auditors, including accreditation requirements. This implementing act shall be adopted in accordance with the examination procedure referred to in Article 75(2)..
Amendment 1183 #
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d – paragraph 4 a (new)
Article 27 d – paragraph 4 a (new)
4a. The Commission shall, no later than two years before the first review of the transformation plans, review the implementing act referred to in paragraph 4 and adopt an implementing act establishing additional elements to be added in the transformation plans, as well as a description of the format for their reporting, where needed. This delegated act shall be adopted in accordance with the examination procedure referred to in Article 76.
Amendment 1189 #
Proposal for a directive
Article 1 – paragraph 1 – point 22 b (new)
Article 1 – paragraph 1 – point 22 b (new)
Directive 2010/75/EU
Article 30 – paragraph 2
Article 30 – paragraph 2
Amendment 1208 #
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)
Amendment 1216 #
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: 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. This should include emissions data given in gross values and original laboratory analysis reports. That information shall be made available to the public. Or. en (02010L0075)
Amendment 1228 #
Proposal for a directive
Article 1 – paragraph 1 – point 24
Article 1 – paragraph 1 – point 24
Directive 2010/75/EU
Chapter VIa – title
Chapter VIa – title
Amendment 1238 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Chapter VIa
Chapter VIa
Amendment 1429 #
Proposal for a directive
Article 1 – paragraph 1 – point 26
Article 1 – paragraph 1 – point 26
Directive 2010/75/EU
Article 73 – paragraph 1 – subparagraph 1
Article 73 – paragraph 1 – subparagraph 1
By 30 June 20286 and every 5 years thereafter, the Commission shall submit to the European Parliament and to the Council a report reviewing the implementation of this Directive. The report shall take into account the dynamics of innovation and the review referred to in Article 8 of Directive 2003/87/ECneed for further pollution prevention measures. The Commission shall, within 12 months of the publication of a BAT reference document in accordance with Article 13(5), set Union-wide minimum requirements for emission limit values and for rules on monitoring and compliance. Such minimum requirements shall be directed to significant environmental impacts of the activities or installations concerned and shall not exceed the BAT- AE(P)Ls.
Amendment 1435 #
Proposal for a directive
Article 1 – paragraph 1 – point 26
Article 1 – paragraph 1 – point 26
Amendment 1438 #
Proposal for a directive
Article 1 – paragraph 1 – point 26
Article 1 – paragraph 1 – point 26
Directive 2010/75/EU
Article 73 – paragraph 1 – subparagraph 2 – point b
Article 73 – paragraph 1 – subparagraph 2 – point b
(b) the state of implementation of best available techniques for the activities concerned.. and further pollution prevention potential;
Amendment 1440 #
Proposal for a directive
Article 1 – paragraph 1 – point 26
Article 1 – paragraph 1 – point 26
Directive 2010/75/EU
Article 73 – paragraph 1 – subparagraph 2 – point b a (new)
Article 73 – paragraph 1 – subparagraph 2 – point b a (new)
(ba) the imbalance of environmental performance of the industry within the Union.
Amendment 1445 #
Proposal for a directive
Article 1 – paragraph 1 – point 26 a (new)
Article 1 – paragraph 1 – point 26 a (new)
Directive 2010/75/EU
Article 73 – paragraph 1 – subparagraph 4a (new)
Article 73 – paragraph 1 – subparagraph 4a (new)
Amendment 1590 #
Proposal for a directive
Annex I – paragraph 1 – point -a (new)
Annex I – paragraph 1 – point -a (new)
Directive 2010/75/EU
Annex I – paragraph 1
Annex I – paragraph 1
(-a) In Annex I, paragraph 1 is amended as follows: The threshold values given below generally refer to production capacities or outputs. Where several activities falling under the same activity description containing a threshold are operated in the same installation, the capacities of such activities are added together. The cumulative effect of the operation of similar installations in the same geographical area should also be taken into account. For waste management activities, this calculation shall apply at the level of activities 5.1, 5.3(a) and 5.3(b). Or. en (32010L0075)
Amendment 1642 #
Proposal for a directive
Annex I – paragraph 1 – point j
Annex I – paragraph 1 – point j
Directive 2010/75/EU
Annex I – paragraph 3 – subparagraph 6 – point 6.6
Annex I – paragraph 3 – subparagraph 6 – point 6.6
(j) point 6.6 is deleted. In Annex I, paragraph 3, subparagraph 6, point 6.6 is replaced by the following: Intensive rearing of poultry, or pigs and cattle: (a) with more than 40 000 places for poultry; (b) with more than 2 000 places for production pigs (over 30 kg); (c) with more than 750 places for sows; or (d) with more than 300 places for cows, or 500 for calves.
Amendment 1667 #
Proposal for a directive
Annex II
Annex II
Directive 2010/75/EU
Annex Ia – paragraph 1
Annex Ia – paragraph 1
1. Rearing of cattle, pigs or poultry in installations of 1500 livestock units (LSU) or more, exceeding the maximum number of livestock units per hectare of agricultural land needed to respect the legal requirement of the Nitrates Directive 91/676/EEC, or with a density going beyond the limits of the ecological carrying capacities of the river basins concerned according to the Directive 2000/60/EC.
Amendment 1687 #
Proposal for a directive
Annex II
Annex II
Directive 2010/75/EU
Annex Ia – paragraph 2
Annex Ia – paragraph 2
Rearing of any mix of the following animals: cattle, pigs, poultry, in installations of 1500 LSU or more, exceeding the maximum number of livestock units per hectare of agricultural land needed to respect the legal requirement of the Nitrates Directive 91/676/EEC, or with a density going beyond the limits of the ecological carrying capacities of the river basins concerned according to the Directive 2000/60/EC.
Amendment 1696 #
Proposal for a directive
Annex II
Annex II
Directive 2010/75/EU
Annex Ia – paragraph 2a (new)
Annex Ia – paragraph 2a (new)
2a. Aquaculture with a production capacity of 100 tonnes of fish or shellfish per year.
Amendment 1724 #
Proposal for a directive
Annex III
Annex III
Directive 2010/75/EU
Annex II – paragraph 1 – subparagraph 3 – point 3.2 – point b
Annex II – paragraph 1 – subparagraph 3 – point 3.2 – point b
(b) a specification of the margindisproportionality factor by which the costs should exceed the environmental benefits.. , which shall not be lower than a cost to benefit factor of 3:1 over the full duration of the operational lifetime of the installation concerned, including remediation costs pursuant to Article 22(3).