35 Amendments of Frédérique RIES related to 2022/0104(COD)
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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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)