41 Amendments of Luisa REGIMENTI related to 2022/0104(COD)
Amendment 301 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point b
Article 1 – paragraph 1 – point 3 – point b
Directive 2010/75/EU
Article 3 – paragraph 1 – point 12
Article 3 – paragraph 1 – point 12
(12) ‘BAT conclusions’ means a document containing the parts of a BAT reference document laying down the conclusions on: (a) best available techniques, their description, information to assess their applicability, the emission levels associated with the best available techniques, the environmental performance levels associated with the best available techniques, (b) the minimum content of an environmental management system including benchmarks associated with the best available techniques, (c) emission levels associated with emerging techniques, environmental performance levels associated with emerging techniques, (d) associated monitoring, associated consumption levels and, where appropriate, relevant site remediation measures;;
Amendment 312 #
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, except emission levels, obtained under normal operating conditions using a BAT or a combination of BATs, as described in BAT conclusions, expressed as an average over a given period of time, under specified reference conditions;.
Amendment 356 #
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 48
Article 3 – paragraph 1 – point 48
(48) ‘industrial minerals’ means minerals used in industry for the production of semi-finished or finished products, with the exception of metalliferous ores, energy minerals, and minerals used for the production of construction minaterials and precious stones;
Amendment 362 #
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 50
Article 3 – paragraph 1 – point 50
(50) ‘emission levels associated with emerging techniques’ means the expected range of emission levels obtained under normal operating conditions using an emerging technique or a combination of emerging techniques, as described in BAT conclusions, expressed as an average over a given period of time, under specified reference conditions;
Amendment 369 #
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 expected range of environmental performance levels, except emission levels, obtained under normal operating conditions using an emerging technique or a combination of emerging techniques, as described in BAT conclusions, expressed as an average over a given period of time, under specified reference conditions;
Amendment 385 #
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 indicative range of environmental performance levels, which are under the control of the operator, associated with best available techniques, other than emission levels, and may include:
Amendment 400 #
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 f
Article 3 – paragraph 1 – point f
(f) other levels as described in BAT conclusions, expressed as an average over a given period of time, obtained under specified reference conditions, obtained under specified reference conditions.
Amendment 407 #
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 53a (new) is inserted (53a) ‘Li-ion cell’ means the basic functional unit in a battery with Li-ions as charge carrier, constituted by electrodes, electrolyte, container, terminals and, if applicable, separators and containing the active materials the reaction of which generates electrical energy;
Amendment 500 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2010/75/EU
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 504 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2010/75/EU
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
(7) In Article 9, paragraph 2a (new) is added: 2a. For activities listed in Annex I to Directive 2003/87/EC, Member States may choose not to impose requirements relating to energy efficiency in respect of combustion units or other units emitting carbon dioxide on the site in case installations are covered by the obligation to conduct an energy audit or implement an energy management system pursuant to Article 8 of Directive 2012/27/EU or the operator implements equivalent measures.
Amendment 529 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2010/75/EU
Article 11 – paragraph 1 – point f b
Article 11 – paragraph 1 – point f b
Amendment 536 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2010/75/EU
Article 11 – paragraph 1 – point f c
Article 11 – paragraph 1 – point f c
Amendment 569 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point a
Article 1 – paragraph 1 – point 9 – point a
Dir. 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 exchange of information between Member States, the industries concerned, non-governmental organisations promoting environmental protection, the European Chemicals Agency and the Commission. The European Chemicals Agency will act as an observer of the process only providing scientific technical input for updating documents and will not have a role in the decision making process’.
Amendment 644 #
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.;.
Amendment 699 #
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Directive 2010/75/EU
Article 14a
Article 14a
Amendment 796 #
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Dir. 2010/75/EU
Article 15 – paragraph 3 – subparagraph 1 – introductory part
Article 15 – paragraph 3 – subparagraph 1 – introductory part
Amendment 826 #
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Dir. 2010/75/EU
Article 15 – paragraph 3 a
Article 15 – paragraph 3 a
Amendment 861 #
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 a (new)
Article 15 – paragraph 4 – subparagraph 1 – point b a (new)
(ba) investment cycle related to the sustainability transition of the operator’s group.
Amendment 879 #
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 in any case ensure that no significant pollution is caused and that a high level of protection of the environment as a whole is achieved. Derogations shall not be granted where they mayin case it is proven that the specific contribution of the installation puts at risk compliance with environmental quality standards referred to in Article 18.
Amendment 893 #
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Dir. 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 and considering the investment cycle related to the sustainability transition of the operator's group . That implementing act shall be adopted in accordance with the examination procedure referred to in Article 75(2).
Amendment 901 #
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Dir. 2010/75/EU
Article 15 – paragraph 4 a (new)
Article 15 – paragraph 4 a (new)
4a. By way of derogation from paragraph 3, the competent authority may, in cases where an installation faces a sudden interruption in the supply of raw materials or fuels or a disruption of abatement technique’s elements, establish less strict emission limit values, for a maximum of 3 months, which may be extended when the extraordinary circumstances persist, subject to a simplified assessment justifying the reasons and period for this temporary adjustment. Member States shall inform the Commission of any derogation granted under these circumstances. As soon as the supply conditions are restored then the derogation will no longer be valid. However, if the same circumstances keep prevailing, the adjustment of the emission limit values may be prolonged for another period of 6months.
Amendment 939 #
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 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 reducing the specific contribution of the installation to the pollution occurring in the relevant area. without prejudice to other measures which may be taken to comply with environmental quality standards
Amendment 966 #
Proposal for a directive
Article 1 – paragraph 1 – point 16
Article 1 – paragraph 1 – point 16
Directive 2010/75/EU
Article 21 – paragraph 5 – point c
Article 21 – paragraph 5 – point c
(c) where it is necessary to comply with an environmental quality standard referred to in Article 18 and the specific contribution of the installation is proven, including in the case of a new or revised quality standard or where the status of the receiving environment requires a revision of the permit in order to achieve compliance with plans and programmes set under Union legislation.
Amendment 1035 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2010/75/EU
Article 27 – paragraph 1
Article 27 – paragraph 1
Member States shall, where appropriate, encourage the development and application of emerging techniques, in particular where such techniques have been identified inby the BAT conclusions, the BAT reference documents or the findings of the innovation centre for industrial transformation and emissions referred to in Article 27ainnovation centre for industrial transformation and emissions (‘INCITE’) referred to in Article 27a and included in the BAT reference documents. Member States may, where appropriate, encourage the application of emerging techniques where such techniques have been identified in the BAT conclusions.
Amendment 1051 #
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Without prejudice to Article 18, the competent authority may grant temporary derogations from the requirements set out in Article 15(2) and (3) and from the principles set out in Article 11, points (a) and (b), for the testing of emerging techniquesinnovative techniques, including emerging techniques identified by the innovation centre for industrial transformation and emissions (‘INCITE’) referred to in Article 27a for a total period of time not exceeding 2436 months, subjected to extension depending on the Technology Readiness Levels of the specific technique.
Amendment 1068 #
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 indicative 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 emissioncomply with the indicative levels associated with emerging techniques as laid down in the decisions on BAT conclusions.
Amendment 1072 #
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27 d – number
Article 27 d – number
Amendment 1080 #
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Amendment 1084 #
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
Article 27 d – paragraph 1
Amendment 1127 #
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
Article 27 d – paragraph 2
Amendment 1152 #
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
Amendment 1171 #
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
Amendment 1454 #
Proposal for a directive
Article 1 – paragraph 1 – point 27
Article 1 – paragraph 1 – point 27
Directive 2010/75/EU
Article 74 – paragraph 2
Article 74 – paragraph 2
Amendment 1492 #
Proposal for a directive
Article 1 – paragraph 1 – point 31
Article 1 – paragraph 1 – point 31
Directive 2010/75/EU
Article 79 – paragraph 1
Article 79 – paragraph 1
1. Without prejudice to the obligations of Member States under Directive 2008/99/EC of the European Parliament and of the Council of 19 November 2008 on the protection of the environment through criminal law, Member States shall lay down rules on penalties applicable to violations of national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are applied. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall without delay notify the Commission of those rules and of those provisions, and shall notify without delay any subsequent amendment affecting them. Member States shall ensure that any criminal and administrative sanctions respect the provisions of the Charter of Fundamental Rights of the European Union, including but not limited to the ne bis in idem principle and the proportionality principle. Member States shall ensure that any criminal sanctions are imposed only if culpability of the person responsible for the violation has been established.
Amendment 1499 #
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 naturnover of the legal person or to the income of the natural person having committed the infringemente and severity of the violation concerned, and not exceed the level necessary for fines to be effective and dissuasive. The level of the fines shall be calculated in such a way as to make sure that they effectively deprive the person responsible for the violation of the economic benefits derived from that violation. The level of the fines shall be gradually increased for repeated infringements. In the case of a violation committed by a legal person, the maximum amount of such fines shall be at least 8 % of the operator’s annual turnover in the Member State concerned of the same nature.
Amendment 1584 #
Proposal for a directive
Article 3 a (new)
Article 3 a (new)
Article 3 a Transitional provisions 1. In relation to installations carrying out activities referred to in Annex I, points 1.1, to 1.3, point 1.4 (except pyrolysis), point 2.1, point 2.2, point 2.3(a), point 2.3(b), point 2.3(c), points 2.4 to 2.6, points 3.1 to 3.5, points 4.1 to 4.6, point 5.1 to 5.6, point 5.3 (except anaerobic digestion), points 5.4 to 5.6, point 6.1, point 6.2 (except finishing of textile fibres), point 6.3, point 6.4, point 6.5 (except animal by products), point 6.7 which are in operation and hold a permit before [OP please insert the date = the first day of the month following 18 months after the date of entry into force of this Directive] or the operators of which have submitted a complete application for a permit before that date, provided that those installations are put into operation no later than [one year after the first day of the month following 18 months after the date of entry into force of this Directive], Member States shall apply the laws, regulations and administrative laws, regulations and administrative provisions adopted in accordance with Article 3(1) of the recast of Directive 2010/75/EU from [one year after the first day of the month following 18 months after the date of entry into force of this Directive]. 2. In relation to installations carrying out activities referred to in Annex I, point 1.4 for activities concerning pyrolysis, points 2.3(aa), point 2.3(ab), point 2.3 (bb), point 2.7, point 3.6, point 5.3 for activities concerning anaerobic digestion, point 6.2 for activities concerning finishing of textile fibres and point 6.5 for activities concerning animal by-products which are in operation before [OP please insert the date = the first day of the month following 18 months after the date of entry into force of this Directive], Member States shall apply the laws, regulations and administrative provisions adopted in accordance with this Directive from [two years after the first day of the month following 18 months after the date of entry into force of this Directive].
Amendment 1595 #
Proposal for a directive
Annex I – paragraph 1 – point b
Annex I – paragraph 1 – point b
Directive 2010/75/EU
Annex I – paragraph 3 – subparagraph 2 – point 2.3 – point a a
Annex I – paragraph 3 – subparagraph 2 – point 2.3 – point a a
Amendment 1600 #
Proposal for a directive
Annex I – paragraph 1 – point b
Annex I – paragraph 1 – point b
Directive 2010/75/EU
Annex I – paragraph 1 – subparagraph 2 – point 2.3 – point a b
Annex I – paragraph 1 – subparagraph 2 – point 2.3 – point a b
Amendment 1605 #
Proposal for a directive
Annex I – paragraph 1 – point b
Annex I – paragraph 1 – point b
Directive 2010/75/EU
Annex I – paragraph 1 – subparagraph 2 – point 2.3 – point b
Annex I – paragraph 1 – subparagraph 2 – point 2.3 – point b
(b) operation of smitheries with hammers the energy of which exceeds 250 kilojoule per hammer;
Amendment 1609 #
Proposal for a directive
Annex I – paragraph 1 – point b
Annex I – paragraph 1 – point b
Directive 2010/75/EU
Annex I – paragraph 1 – subparagraph 2 – point 2.3 – point b a
Annex I – paragraph 1 – subparagraph 2 – point 2.3 – point b a
Amendment 1613 #
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 batteriecells (inexcluding assembling of battery cellmodules and battery packs), with a production capacity of 3,5exceeding 10 GWh or more per year;