12 Amendments of Frédérique RIES related to 2007/0286(COD)
Amendment 101 #
Council position
Article 13 – paragraph 3 – subparagraph 3
Article 13 – paragraph 3 – subparagraph 3
Taking into account the opinion of the forum, the guidance referred to in point (c) and (d) of the second subparagraph shall consistently be adopted in accordance with the regulatory procedure referred to in Article 75(2) and shall be consistent with the opinion of the Forum.
Amendment 105 #
Council position
Article 13 – paragraph 5
Article 13 – paragraph 5
5. DThe Commission shall adopt, by means of delegated acts in accordance with Article 76, decisions on the BAT conclusions shall bfrom BAT reference adopted in accordance with the regulatory procedurcuments resulting from the exchange of information organised, pursuant to this Article, after the date referred to in Article 75(2)80.
Amendment 133 #
Council position
Article 15 – paragraph 4 – subparagraph 1
Article 15 – paragraph 4 – subparagraph 1
4. By way of derogation from paragraph 3, the competent authority may, in specific cases, on the basis of an assessment of the environmental and economic costs and benefits taking into account and without prejudice to Article 18, the competent authority may, in exceptional cases, set less strict emission limit values. Such a derogation may apply only where an assessment demonstrates that: a) the geographical location or the local environmental conditions of the installation concerned prevent the implementation in the whole, or part, of that installation of best available techniques described in the BAT reference document; or b) the technical characteristics of the existing installation concerned, its geographical location and the local environmental conditions, set emission limi prevent the implementation in the whole, or part, of that installation of best available techniques described in the BAT reference document; c) where point (a) is applied, the implementation of best avalues deviating from those set by the application of paragraph 3. ilable techniques would cause an obvious and significant negative cross-media impact and therefore be incompatible with the objectives set out in Article 11(c), (d) and (f) of this Directive or with Article 4 of Directive 2000/60/EC *. Or. en (Partial reinstatement of amendment 32 of first reading.)
Amendment 145 #
Council position
Article 15 – paragraph 4 – subparagraph 2
Article 15 – paragraph 4 – subparagraph 2
The competent authority shall providedocument in an annex to the permit conditions the reasons for the application of the first subparagraph including the result of the assessment and the justification for the conditions imposed and notify this information to the Commission.
Amendment 151 #
Council position
Article 15 – paragraph 4 – subparagraph 3
Article 15 – paragraph 4 – subparagraph 3
Emission limit values shall, however, not exceed the minimum requirements for emission limit values set out in Annexes V to VIII, where applicableaccordance with Article 13(5b) or, where applicable, in Annexes to this Directive. When considering granting derogations, Member States shall ensure that national emission ceilings pursuant to Directive 2001/81/EC are not exceeded. In any event, no significant pollution should be caused and a high level of protection of the environment taken as a whole should be achieved. Member States shall ensure that the members of the public concerned are given early and effective opportunities to participate in the decision-making process relating to the granting of the derogation referred to in this paragraph.
Amendment 163 #
Council position
Article 15 – paragraph 4 – subparagraph 4
Article 15 – paragraph 4 – subparagraph 4
The Commission may establish guidance specifying the criteria to be takenshall adopt, not later than 12 months after this Directive has entered into force, by means of delegated acts into account for the application ofrdance with Article 76, specific criteria for the granting of the derogation referred to in this paragraph.
Amendment 172 #
Council position
Article 21 – paragraph 3 – subparagraph 1 a (new)
Article 21 – paragraph 3 – subparagraph 1 a (new)
In specific cases where reconsideration and updating of permit conditions identifies that a longer period than five years from the publication of a decision on BAT conclusions might be needed to introduce new best available techniques, competent authorities may set a longer time period for the reconsideration and updating of permit conditions where this is justified on the basis of the criteria laid down in this Directive.
Amendment 191 #
Council position
Article 22 – paragraph 3 – subparagraph 1
Article 22 – paragraph 3 – subparagraph 1
3. Upon definitive cessation of the activities, the operator shall inform the competent authority and assess the state of the soil and groundwater contamination by relevant hazardous substances used, produced or released by the installation. Where the installation has caused significant pollution of soil or groundwater by relevant hazardous substances compared to the state established in the baseline report referred to in paragraph 2, the operator shall take the necessary measures to address that pollution so as to return the site to that state. For that purpose, the technical feasibility of such measures may bMember States may require the operator to bring the site in a state leading to further improvements of soil and groundwater quality compared to the staken into accounte established in the baseline report.
Amendment 197 #
Council position
Article 22 – paragraph 3– subparagraph 2
Article 22 – paragraph 3– subparagraph 2
Without prejudice to the first subparagraph, upon definitive cessation of the activities, and where the contamination of soil and groundwater at the site poses a significant risk to human health or the environment as a result of the permitted activities carried out by the operator before the permit for the installation is updated for the first time after …* and taking into account the conditions of the site of the installation established in accordance with Article 12(1)(d), the operator shall take the necessary actions aimed at the removal, control, containment or reduction of relevant hazardous substances, so that the site, taking into account its current or approved future use,at least to such an extent that the site ceases to pose such risk.
Amendment 200 #
Council position
Article 22 – paragraph 4
Article 22 – paragraph 4
4. Where the operator is not required to prepare a baseline report referred to in paragraph 2, the operator shall, upon definitive cessation of the activities, take the necessary actions aimed at the removal, control, containment or reduction of relevant hazardous substances, so that the site, taking into account its current or approved future use,at least to such an extent that the site ceases to pose any significant risk to human health or the environment due to the contamination of soil and groundwater as a result of the permitted activities and taking into account the conditions of the site of the installation established in accordance with Article 12(1)(d).
Amendment 334 #
Proposal for a directive
Article 38 – paragraph 1 – subparagraph 3 a (new)
Article 38 – paragraph 1 – subparagraph 3 a (new)
For the following hazardous wastes, the specific requirements mentioned in the second paragraph of Article 41 point 2 shall not apply. (a) combustible liquid wastes including waste oils as defined in Article…. Directive 98/XXX * provided that they meet the following criteria: (i)the mass content of polychlorinated aromatic hydrocarbons, e.g. polychlorinated biphenyls (PCB) pentachlorinated phenol (PCP) amounts to concentrations not higher than those set out in the relevant Community legislation; (ii) the net calorific value amounts to at least 30 MJ per kilogramme, (b) any combustible liquid wastes which cannot cause, in the flue gas directly resulting from their combustion, emissions other than those from gas oil as defined in Article 1(1) of Directive 93/12/EEC or a higher concentration of emissions than those resulting from the combustion of gas oil as so defined.
Amendment 520 #
Proposal for a directive
Annex VI – Part 6 – point 2.6 – introductory part
Annex VI – Part 6 – point 2.6 – introductory part
2.6. The competent authority may decide to require less than two measurements per year or no measurements for heavy metals and for dioxins and furansshall require regular measurement of heavy metals, dioxins and furans and periodic sampling of halogenated dioxins. Regular measurements can be changed to two measurements per year in the following cases: