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Procedure : 2022/0104(COD)
Document stages in plenary
Document selected : A9-0216/2023

Texts tabled :

A9-0216/2023

Debates :

PV 10/07/2023 - 15
CRE 10/07/2023 - 15

Votes :

PV 11/07/2023 - 8.10
CRE 11/07/2023 - 8.10
Explanations of votes

Texts adopted :

P9_TA(2023)0259

Texts adopted
PDF 411kWORD 180k
Tuesday, 11 July 2023 - Strasbourg
Industrial Emissions Directive
P9_TA(2023)0259A9-0216/2023

Amendments adopted by the European Parliament on 11 July 2023 on the proposal for a directive of the European Parliament and of the Council amending Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) and Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste (COM(2022)0156 – C9-0144/2022 – 2022/0104(COD))(1)

(Ordinary legislative procedure: first reading)

Text proposed by the Commission   Amendment
Amendment 1
Proposal for a directive
Recital 1
(1)  The European Green Deal55 is Europe’s strategy to ensure, by 2050, a climate-neutral, clean and circular economy, optimising resource management, minimising pollution while recognising the need for deeply transformative policies. The Union is also committed to the 2030 Agenda for Sustainable Development56 and its Sustainable Development Goals57 . The EU Chemicals Strategy for Sustainability58 of October 2020 and the Zero Pollution Action Plan59 adopted in May 2021 specifically address pollution aspects of the European Green Deal. In parallel, the New Industrial Strategy for Europe60 further emphasises the potential role of transformative technologies. Other particularly relevant policies for this initiative include the ‘Fit for 55’ package61 , the Methane Strategy62 and the Glasgow methane pledge63 , the Climate Adaptation Strategy64 , the Biodiversity Strategy65 , the Farm to Fork strategy66 and the Sustainable Products Initiative67 . Besides, as part of the EU response to the 2022 Russia-Ukraine war, REPowerEU68 proposes a Joint European Action to support the diversification of energy supplies, accelerate the transition to renewable energy and improve energy efficiency.
(1)  The European Green Deal 55 is Europe’s strategy to ensure, by 2050, a climate-neutral, clean and circular economy, optimising resource (re-)use and management, minimising pollution while recognising the need for deeply transformative policies, a just transition and the need to protect the health and well-being of citizens from environment-related risks and impacts. The Union is also committed to the Paris Agreement55a, the 2030 Agenda for Sustainable Development 56 and its Sustainable Development Goals57 and its involvement in the WHO. The EU Chemicals Strategy for Sustainability 58 of October 2020 and the Zero Pollution Action Plan 59 adopted in May 2021 specifically address pollution aspects of the European Green Deal. In parallel, the New Industrial Strategy for Europe 60 further emphasises the potential role of transformative technologies. Other particularly relevant policies for this initiative include the European Climate law60a, ‘Fit for 55’ package 61, the Methane Strategy 62 and the Glasgow methane pledge 63, the Climate Adaptation Strategy 64, the Biodiversity Strategy65, the Farm to Fork strategy 66 the Soil Strategy66a and the Sustainable Products Initiative 67. Besides, as part of the EU response to the 2022 Russia-Ukraine war, REPowerEU 68 proposes a Joint European Action to support the diversification of energy supplies, accelerate the transition to renewable energy and improve energy efficiency.
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55 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions The European Green Deal; COM(2019) 640 final.
55 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions The European Green Deal; COM(2019) 640 final.
55a Council Decision (EU) 2016/1841 of 5 October 2016 on the conclusion, on behalf of the European Union, of the Paris Agreement adopted under the United Nations Framework Convention on Climate Change (OJ L 282, 19.10.2016, p. 4)
56 https://www.un.org/ga/search/view_doc.asp?symbol=A/RES/70/1&Lang=E
56 https://www.un.org/ga/search/view_doc.asp?symbol=A/RES/70/1&Lang=E
57 https://sdgs.un.org/goals
57 https://sdgs.un.org/goals
58 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, Chemicals Strategy for Sustainability Towards a Toxic-Free Environment COM(2020) 667 final.
58 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, Chemicals Strategy for Sustainability Towards a Toxic-Free Environment COM(2020) 667 final.
59 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, Pathway to a Healthy Planet for All EU Action Plan: 'Towards Zero Pollution for Air, Water and Soil' COM(2021) 400 final.
59 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, Pathway to a Healthy Planet for All EU Action Plan: 'Towards Zero Pollution for Air, Water and Soil' COM(2021) 400 final.
60 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions, A New Industrial Strategy for Europe COM(2020) 102 final.
60 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions, A New Industrial Strategy for Europe COM(2020) 102 final.
60a 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’)
61 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, 'Fit for 55': delivering the EU's 2030 Climate Target on the way to climate neutrality COM/2021/550 final.
61 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, 'Fit for 55': delivering the EU's 2030 Climate Target on the way to climate neutrality COM/2021/550 final.
62 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on an EU strategy to reduce methane emissions COM(2020) 663 final.
62 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on an EU strategy to reduce methane emissions COM(2020) 663 final.
63 https://www.globalmethanepledge.org/
63 https://www.globalmethanepledge.org/
64 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions Forging a climate-resilient Europe - the new EU Strategy on Adaptation to Climate Change COM(2021) 82 final.
64 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions Forging a climate-resilient Europe - the new EU Strategy on Adaptation to Climate Change COM(2021) 82 final.
65 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions EU Biodiversity Strategy for 2030 Bringing nature back into our lives COM(2020) 380 final.
65 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions EU Biodiversity Strategy for 2030 Bringing nature back into our lives COM(2020) 380 final.
66 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions A Farm to Fork Strategy for a fair, healthy and environmentally-friendly food system COM(2020) 381 final.
66 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions A Farm to Fork Strategy for a fair, healthy and environmentally-friendly food system COM(2020) 381 final.
66a Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions: EU Soil Strategy for 2030 Reaping the benefits of healthy soils for people, food, nature and climate; COM(2021)0699.
67 COM(2022) 142
67 COM(2022) 142
68 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions REPowerEU: Joint European Action for more affordable, secure and sustainable energy; COM(2022) 108 final.
68 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions REPowerEU: Joint European Action for more affordable, secure and sustainable energy; COM(2022) 108 final.
Amendment 2
Proposal for a directive
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 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 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.
(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, air quality and circular economy policies while protecting the health and well-being of citizens, and protecting animals, from environemtnal -related risks and impacts and taking into account interconnections between human health and animal healh. 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 while promoting sustainable agricultural practices that have multiple co-benefits for the environmental and climate objectives of the European Green Deal thus requires their inclusion within the scope of that Directive.
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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.
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 3
Proposal for a directive
Recital 3
(3)  The Union’s extractive industry is key to achieving the aims of the European Green Deal and the EU industrial strategy, including its update. Raw materials are of strategic importance for the digital and green transition, the energy, materials and circular economy transformation and to strengthen EU economic resilience. In order to achieve these objectives, sustainable domestic capacities need to be further developed. This requires effective, tailored and harmonised measures to ensure that the best available techniques are established and employed, thus applying processes that are both the most efficient and have the lowest possible impacts on the the environment and human health. The governance mechanisms of Directive 2010/75/EU that closely associate industry experts to the development of consensual and tailored environmental requirements will support the sustainable growth of those activities in the Union. The development and availability of commonly agreed standards will level the Union’s playing field while ensuring a high level of protection of human health and the environment. It is therefore appropriate to include those activities within the scope of Directive 2010/75/EU.
(3)  The Union’s extractive industry is key to achieving the aims of the European Green Deal and the EU industrial strategy, including its update. Raw materials are of strategic importance for the digital and green transition, the energy, materials and circular economy transformation and to strengthen EU economic resilience and autonomy. In order to achieve these objectives, sustainable domestic capacities and supply need to be further developed, especially in light of the growing global demand, the vulnerability of supply chains and geopolitical tensions. This requires effective, tailored and harmonized measures only for activities concerning certain metalliferous ores and specific industrial ores which have a significant impact on the environment and/or consumption of water and energy such as chemical processing, confirmed by an impact assessment, to ensure that the best available techniques are established and employed, thus applying processes that are both the most efficient and have the lowest possible impacts on human health and the environment. The Commission should, based on an impact assessment, establish an exhaustive list of such activities concerning certain industrial ores. The governance mechanisms of Directive 2010/75/EU that closely associate industry experts to the development of consensual and tailored environmental requirements will support the sustainable growth of those activities in the Union. The development and availability of commonly agreed standards will level the Union’s playing field while ensuring a high level of protection of human health and the environment. It is therefore appropriate to include those activities within the scope of Directive 2010/75/EU as well as to empower the Commission to adopt a delegated act in order to amend the relevant provisions of Annex I to Directive 2010/75/EU, in the event of new large discoveries of minerals in the Union that have a significant environmental impact.
Amendment 4
Proposal for a directive
Recital 3 a (new)
(3a)   Persistent problems with odours (‘olfactory pollution’) as well as problems with the discharge of industrial waste water that can be aggravated by seasonal fluctuations of environmental conditions, are a matter of particular concern in numerous areas within the Union and they are not adequately addressed in existing Union legislation. This amending act should take into account the impact of olfactory and industrial water discharges pollution on the health, quality of the environment and quality of life of Union citizens.
Amendment 289
Proposal for a directive
Recital 4
(4)  Rearing of pigs, poultry and cattle cause significant pollutant emissions into the air and water. In order to reduce such pollutant emissions, including ammonia, methane, nitrates and greenhouse gas emissions and thereby improve air, water and soil quality, it is necessary to lower the threshold above which pigs and poultry installations are included within the scope of Directive 2010/75/EU and to include also cattle farming within that scope. Relevant BAT requirements take into consideration the nature, size, density and complexity of these installations, including the specificities of pasture based cattle rearing systems, where animals are only seasonally reared in indoor installations, and the range of environmental impacts they may have. The proportionality requirements in BATs aim to incentivise farmers to implement the necessary transition towards increasingly environmentally friendly agricultural practices.
(4)  Rearing of pigs, poultry and cattle, while contributing to food security, 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 large pigs and poultry installations are included within the scope of Directive 2010/75/EU and to include also large cattle farming within that scope. Relevant BAT requirements take into consideration the nature, size, density and complexity of these installations, including the specificities of pasture based cattle rearing systems, where animals are only seasonally reared in indoor installations, and the range of environmental impacts they may have. The BAT should not include any recommendation that would lead to a shift from pasture-based systems to fully indoor rearing. The proportionality requirements in BATs aim to incentivise farmers to implement the necessary transition towards increasingly environmentally friendly agricultural practices. High environmental standards in both industrial activities and intensive animal rearing tend to increase the production value of products, complying with the requirements of Union environmental legislation. It is therefore essential, in order to promote higher environmental standards worldwide, to introduce reciprocity with producers outside of the Union, thus incentivising the import onto the internal market of products complying with similar environmental obligations, starting with agricultural production under Annex Ia as provided for in this Directive and potentially extending such reciprocity to industrial activities.
Amendment 6
Proposal for a directive
Recital 5
(5)  A significant increase in the number of large-scale installations for the production of batteries for electric vehicles will likely take place within the Union up to 2040, increasing the Union’s share of the global battery production. Whilst several of the activities of the batteries value chain are already regulated by Directive 2010/75/EU and batteries are regulated as products by Regulation (EU) .../... of the European Parliament and of the Council* +., it is still necessary to include in the scope of the Directive large installations manufacturing batteries, ensure that they are also covered by the requirements set out in Directive 2010/75/EU and therefore contribute to a more sustainable growth of batteries manufacturing. Including large installations manufacturing batteries in the scope of Directive 2010/75/EU will improve in a holistic way the sustainability of batteries and minimise their impact on the environment throughout their life cycle.
(5)  A significant increase in the number of large-scale installations for the production of batteries for electric vehicles will likely take place within the Union up to 2030, increasing the Union’s share of the global battery production. Whilst several of the activities of the batteries value chain are already regulated by Directive 2010/75/EU, other activities, such as the assembly of battery modules and battery packs fall clearly outside of its scope. Furthermore, batteries as products are regulated by Regulation (EU).../... of the European Parliament and of the Council* +. However, it is still necessary to include in the scope of the Directive large installations manufacturing batteries, except for installations exclusively assembling battery modules and battery packs, thereby ensuring that such large manufacturing installations are also covered by the requirements set out in Directive 2010/75/EU and therefore contribute to a more sustainable growth of batteries manufacturing. Including large installations manufacturing batteries in the scope of Directive 2010/75/EU will improve in a holistic way the sustainability of batteries and minimise their impact on the environment throughout their life cycle
Amendment 7
Proposal for a directive
Recital 5 a (new)
(5a)   Renewable hydrogen will be key to replacing fossil fuels in hard-to decarbonise, energy-intensive industries and transport, diversifying the Union’s energy mix and boosting the progress towards climate neutrality by 2050 at the latest. Hydrogen production through water electrolysis has a much lower environmental impact than its production in conventional hydrogen plants, with the water footprint being a crucial, and a very location-specific parameter dependent on the local water availability, consumption, degradation, and pollution. Although it requires high quality water for its production, hydrogen as an energy carrier offers great potential for self-sufficiency to small and medium-sized enterprises.
Amendment 8
Proposal for a directive
Recital 6
(6)  With a view to further strengthening public access to environmental information, it is necessary to clarify that permits for installations granted pursuant to Directive 2010/75/EU are to be made available to the public on the Internet, free of charge and without restricting access to registered users. A uniform summary of permits should also be made available to the public under the same conditions.
(6)  With a view to further strengthening public access to environmental information, it is necessary to clarify that permits for installations granted pursuant to Directive 2010/75/EU are to be made available to the public on the Internet, free of charge and without restricting access to registered users while ensuring that confidential business information is safeguarded. A uniform summary of permits should also be made available to the public under the same conditions. To that end, the Commission should establish guidelines on the publication of permits.
Amendment 9
Proposal for a directive
Recital 8
(8)  Member States should also adopt compliance assurance measures to promote, monitor and enforce compliance with obligations placed on natural or legal persons under Directive 2010/75/EU. As part of compliance assurance measures, competent authorities should be able to suspend the operation of an installation where a continued breach of the permit conditions and the non-implementation of the findings of the inspection report pose or risk causing a danger to human health or a significant adverse effect upon the environment, in order to stop that danger.
(8)  Member States should also adopt compliance assurance measures to promote, monitor and enforce compliance with obligations placed on natural or legal persons under Directive 2010/75/EU. As part of compliance assurance measures, in order to stop that danger, competent authorities should suspend the operation of an installation where a continued breach of the permit conditions and the non-implementation of the findings of the inspection report pose or risk causing a danger to human health or a significant adverse effect upon the environment of one or several Member States, for instance, through waste water discharges, and adversely affects ecosystem services, such as the provision of drinking water. The competent authority should improve the communication with affected stakeholders and inform drinking water and waste water operators and cross-border competent authorities affected by a breach.
Amendment 10
Proposal for a directive
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 submit those installations to energy efficiency requirements in respect of combustion units or other units emitting carbon dioxide on the site.
(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 installations that fail to implement a certified energy management system, or those that fail to implement the results of a certified energy audit, to energy efficiency requirements in respect of combustion units or other units emitting carbon dioxide on the site. The REPowerEU Planstates that energy efficiency measures can improve resilience in the event of disruption of energy imports from third countries to the Union and its member states, particularly in the event of geopolitical conflicts.
Amendment 11
Proposal for a directive
Recital 10
(10)  The evaluation of Directive 2010/75/EU concluded that there is a need to strengthen the links between that Directive and Regulation (EC) No 1907/200671 , to better address the risks of the use of chemicals in installations whithin the scope of Directive 2010/75/EU. In order to develop synergies between the work carried out by the European Chemicals Agency (ECHA) on chemicals and the preparation of BAT reference documents under Directive 2010/75/EU, ECHA should be given a formal role in such preparation of BAT reference documents.
(10)  The evaluation of Directive 2010/75/EU concluded that there is a need to strengthen the links between that Directive and Regulation (EC) No 1907/200671, to better address the risks of the use of chemicals in installations within the scope of Directive 2010/75/EU. In order to develop synergies, in particular on minimizing emissions of persistent, bioaccumulative and toxic substances, between the work carried out by the European Chemicals Agency (ECHA) on chemicals, and the preparation of BAT reference documents under Directive 2010/75/EU, ECHA should be given a formal role in in such preparation of BAT reference documents. In addition, this process would benefit from the expertise of the European Environment Agency.
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71 Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency (ECHA) (OJ L 396, 30.12.2006, p.1).
71 Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency (ECHA) (OJ L 396, 30.12.2006, p.1).
Amendment 12
Proposal for a directive
Recital 11
(11)  In order to facilitate the exchange of information supporting the determination of emission levels and environmental performance levels associated with best available techniques (BAT), while maintaining the integrity of confidential business information, the procedures for the handling of information qualifying as confidential business information or sensitive commercial information, and as collected from the industry in the context of the exchange of information organised by the Commission for the purpose of drafting, reviewing or updating BAT reference documents should be specified. It should be ensured that individuals participating in the exchange of information do not share information qualifying as confidential business information or sensitive commercial information with any representative of undertakings or trade associations having an economic interest in the concerned industrial activities and related markets. Such exchange of information is without prejudice to Union competition law, in particular Article 101 of the Treaty on the Functioning of the European Union (TFEU).
(11)  In order to facilitate the exchange of information supporting the determination of emission levels and environmental performance levels associated with best available techniques (BAT), while maintaining the integrity of confidential business information, the procedures for the handling of information qualifying as confidential business information or sensitive commercial information, and as collected from the industry in the context of the exchange of information organised by the Commission for the purpose of drafting, reviewing or updating BAT reference documents should be specified. It should be ensured, including, for example, by means of confidentiality and non-disclosure agreements and anonymisation of data, that individuals participating in the exchange of information do not share information qualifying as confidential business information or sensitive commercial information with any representative of undertakings or trade associations having an economic interest in the concerned industrial activities and related markets. Such exchange of information is without prejudice to Union competition law, in particular Article 101 of the Treaty on the Functioning of the European Union (TFEU).
Amendment 13
Proposal for a directive
Recital 12
(12)  To ensure the protection of human health and the environment as a whole, synergies and coordination with other relevant Union environmental legislation are necessary, at all stages of its implementation.Therefore, all relevant competent authorities that ensure compliance with relevant Union environmental legislation should be duly consulted before the granting of a permit under Directive 2010/75/EU.
(12)  To ensure the protection of human health and the environment as a whole synergies and coordination with other relevant Union environmental legislation are necessary, at all stages of its implementation. Therefore, all relevant competent authorities that ensure compliance with relevant Union environmental legislation, in particular with Directive (EU) 2016/2284 of the European Parliament and of the Council of 14 December 2016, should be duly consulted before the granting of a permit under Directive 2010/75/EU.
Amendment 14
Proposal for a directive
Recital 13
(13)  With a view to continuously improving the environmental performance and safety of the installation, including by preventing waste generation, optimising resource use and water reuse, and preventing or reducing risks associated with the use of hazardous substances, the operator should establish and implement an environmental management system (EMS) in accordance with relevant BAT conclusions, and should make it available to the public. The EMS should also cover the management of risks related to the use of the hazardous substances and an analysis of the possible substitution of hazardous substances by safer alternatives.
(13)  With a view to continuously improving the environmental performance and safety of the installation, including by preventing waste generation, optimising resource and water use and reuse, and preventing or reducing risks associated with the use of hazardous substances, the operator should establish and implement an environmental management system (EMS) in accordance with relevant BAT conclusions. The EMS should be developed in a way that reflects the nature, scale and complexity of the installation, as well as the environmental impacts it may have. The EMS should be audited and made freely available to the public on the internet. The EMS should also cover the management of risks related to the use of the hazardous substances and an analysis of the possible substitution of hazardous substances by safer alternatives.
Amendment 15
Proposal for a directive
Recital 14
(14)  It is necessary to specify further the conditions under which the competent authority, when setting emission limit values applicable to pollutant releases to water in a permit granted under Directive 2010/75/EU, may take account of the downstream treatment processes in a waste water treatment plant, in order to ensure that such releases do not lead to an increased load of pollutants in receiving waters when compared to a situation where the installation applies BAT and meets emission levels associated with the best available techniques for direct releases.
(14)  It is necessary to specify further the conditions under which the competent authority, when setting emission limit values applicable to pollutant releases to water in a permit granted under Directive 2010/75/EU, may take account of the downstream treatment processes in a waste water treatment plant, in order to ensure that such releases do not lead to an increased load of pollutants in receiving waters or impede the capacity or potential to recover resources from the waste water treatment stream when compared to a situation where the installation applies BAT and meets emission levels associated with the best available techniques for direct releases.
Amendment 16
Proposal for a directive
Recital 15
(15)  Providing a high level of protection of human health and the environment as a whole requires inter alia the establishment in permits of emission limit values at a level that ensures compliance with the applicable emission levels associated with the best available techniques set out in the BAT conclusions. Emission levels associated with the best available techniques (BAT-AELs) are usually expressed as ranges, rather than as single values, to reflect the differences within a given type of installations that result in variations in the environmental performances achieved when applying BAT. For example, a given BAT will not deliver the same performance for different installations, some BATs may not be suitable for use in certain installations, or a combination of BATs may be more effective on some pollutants or environmental media than others. The achievement of a high level of protection of human health and the environment as a whole has been jeopardised by the practice of setting emission limit values at the laxest end of the range of emission levels associated with the best available techniques, without considering the potential of a given installation to achieve lower emission levels through the application of best available techniques. Such practice discourages frontrunners from implementing more effective techniques, and hinders the achievement of a level-playing field at a high level of protection of human health and the environment. Competent authorities should therefore be required to set in permits the lowest possible emission limit values which reflect the performance of BAT for the specific installations, taking into consideration the whole range of BAT-AELs and aiming at the best environmental performance possible for the installations; unless the operator demonstrates that applying best available techniques as described in the BAT conclusions only allows the concerned installation to meeting less strict emission limit values.
(15)  Providing a high level of protection of human health and the environment as a whole requires inter alia the establishment in permits of emission limit values at a level that ensures compliance with the applicable emission levels associated with the best available techniques set out in the BAT conclusions. Emission levels associated with the best available techniques (BAT-AELs) are usually expressed as ranges, rather than as single values, to reflect the differences within a given type of installations that result in variations in the environmental performances achieved when applying BAT. For example, a given BAT will not deliver the same performance for different installations, some BATs may not be suitable for use in certain installations, or a combination of BATs may be more effective on some pollutants or environmental media than others. The achievement of a high level of protection of human health and the environment as a whole has been jeopardised by the practice of setting emission limit values at the laxest end of the range of emission levels associated with the best available techniques, without considering the potential of a given installation to achieve lower emission levels through the application of best available techniques. Such practice discourages frontrunners from implementing more effective techniques, and hinders the achievement of a level-playing field at a high level of protection of human health and the environment. Therefore, the competent authority should set emission limit values, taking into account the entire range of the BAT AELs, at the strictest achievable level for the specific installation. The emission limit values should take into account cross-media effects, should be based on an assessment by the operator analysing the feasibility of meeting the strictest end of the BAT AEL range and aiming at the best overall environmental performance for the specific installation under standard normal operating conditions, while taking into consideration standard operating fluctuations in cases of short-term averages, unless the operator demonstrates that applying best available techniques as described in the BAT conclusions only allows the concerned installation to meeting less strict emission limit values.
Amendments 290 and 299
Proposal for a directive
Recital 15 a (new)
(15a)   BAT conclusions should identify techniques that industrial operators may implement to be consistent with the EU’s zero pollution and circular economy ambition and carbon neutrality objectives. Industrial operators should be given sufficient time for implementing deep industrial transformation techniques described in the BAT conclusions and laid down in a transformation plan.
Amendment 17
Proposal for a directive
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, based on the environmental performance levels associated with the best available techniques (BAT AEPLs) set out in decisions on BAT conclusions.
(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, indicative environmental performance limit values, provided that the lower performing end of the mandatory range is ensured on consumption and resource efficiency levels, including on the use of water, energy and recycled materials, based on the environmental performance levels associated with the best available techniques (BAT AEPLs) set out in decisions on BAT conclusions, while taking into account the higher energy consumption related to certain decarbonisation and depollution activities and processes, and to emerging and innovative techniques and the whole industrial ecosystem. Competent authorities should be able to grant temporary derogations only where an assessment shows that the achievement of environmental performance limit values with the best available techniques as described in BAT conclusions would lead to disproportionately higher costs compared to the environmental benefits and cross-media effects, and when a high level of protection of the environment as a whole is achieved.
Amendment 18
Proposal for a directive
Recital 17
(17)  With a view to preventing or minimising the emission of pollutants by installations within the scope of Directive 2010/75/EU and to levelling the playing field across the Union, the conditions under which derogations from emissions limit values can be granted should be better framed through general principles, in order to ensure a more harmonized implementation of such derogations throughout the Union. Moreover, derogations from emissions limit values should not be granted where they may put at risk compliance with environmental quality standards.
(17)  With a view to preventing or minimising the emission of pollutants by installations within the scope of Directive 2010/75/EU and to levelling the playing field across the Union, the conditions under which derogations from emissions limit values can be granted should be better framed through general principles. Clear criteria, including the maximum duration and timeline for revision of derogations, need to be provided in order to ensure a more harmonized implementation of such derogations throughout the Union. Moreover, derogations from emissions limit values should not be granted where they may put at risk compliance with environmental quality standards.
Amendment 19
Proposal for a directive
Recital 18
(18)  The evaluation of Directive 2010/75/EU concluded that there was some discrepancy in compliance assessment approaches for installations covered by Chapter II of that Directive. In order to achieve a high level of protection of the environment as a whole, ensure a consistent implementation of Union law and a level-playing field throughout the Union, while minimising the administrative burden on businesses and public authorities, the Commission should set common rules for assessing compliance with emission limit values and validation of measured levels for both air and water emissions based on best available techniques. Those compliance assessment rules should take precedent over the rules set out in Chapters III and IV on assessment of compliance with emission limit values contained in Annexes V and VI to Directive 2010/75/EU.
(18)  The evaluation of Directive 2010/75/EU concluded that there was some discrepancy in compliance assessment approaches for installations covered by Chapter II of that Directive. In order to achieve a high level of protection of the environment as a whole, ensure a consistent implementation of Union law and a level-playing field throughout the Union, while minimising the administrative burden on businesses and public authorities and preventing corruption risks, the Commission should set common rules for assessing compliance with emission limit values and validation of measured levels for both air and water emissions based on best available techniques. Those compliance assessment rules should take precedent over the rules set out in Chapters III and IV on assessment of compliance with emission limit values contained in Annexes V and VI to Directive 2010/75/EU.
Amendment 20
Proposal for a directive
Recital 18 a (new)
(18a)   Member States, with the support of the Commission, should ensure that harmonised environmental monitoring methods, including emerging monitoring techniques, for example via honeybee colonies, for the detection of relevant pollutants, are streamlined.
Amendment 21
Proposal for a directive
Recital 19
(19)  Environmental quality standards refer to all the requirements set out in Union law, such as Union legislation on air and water; which must be fulfilled at a given time by a given environment or particular part thereof. Therefore it is appropriate to clarify that when granting a permit to an installation, competent authorities should not only set out conditions to ensure compliance of the installation’s operations with the best available techniques conclusions, but should also, where appropriate with a view to reducing the specific contribution of the installation to the pollution occurring in the relevant area, include specific additional conditions in the permit stricter than those set in relevant BAT conclusions, so as to ensure the installation’s compliance with environmental quality standards. Such conditions may consist in setting stricter emission limit values or limiting the operation or capacity of the installation.
(19)  Environmental quality standards refer to all the requirements set out in Union law, such as Union legislation on air, and water; which must be fulfilled at a given time by a given environment or particular part thereof. Therefore it is appropriate to clarify that when granting a permit to an installation, competent authorities should not only set out conditions to ensure compliance of the installation’s operations with the best available techniques conclusions, but should also, where appropriate with a view to reducing the specific contribution of the installation to the pollution occurring in the relevant area, and taking into consideration the cumulative effect of the installations in the same geographical area, include specific additional conditions in the permit stricter than those set in relevant BAT conclusions, so as to ensure the installation’s compliance with environmental quality standards. Such conditions may consist in setting stricter emission limit values or limiting the operation or capacity of the installation.
Amendment 22
Proposal for a directive
Recital 20
(20)  Permit conditions should be regularly reviewed and, where necessary, updated by the competent authority to ensure compliance with relevant legislation. Such review or update should also take place where it is necessary for the installation to comply with an environmental quality standard, including in the case of a new or revised environmental 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, such as the river basin management plans under Directive 2000/60/EC of the European Parliament and of the Council72 .
(20)  To ensure that permits granted under Directive 2010/75/EU address the need to improve performance, permit conditions should be regularly reviewed, and, where necessary, updated by the competent authority to ensure compliance with relevant legislation. The frequency of such reviews should be 8 years. Such reconsiderations of the permit should also take place where it is necessary for the installation to comply with an environmental quality standard, including in the case of a new or revised environmental 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, such as the river basin management plans under Directive 2000/60/EC of the European Parliament and of the Council72.
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72 Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ L 327, 22.12.2000).
72 Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ L 327, 22.12.2000).
Amendment 23
Proposal for a directive
Recital 20 a (new)
(20a)   Given the general principle of the non-retroactive application of a law, new requirements for the emission limit values and the environmental performance limit values should only apply to installations when a permit update is required as a result of the adoption of a new BAT Conclusion after the end date for transposition of this directive, or when the environmental quality standards or the operational safety of the installation require a permit update and at the latest by 10 years after entry into force. Conversely, for new installations which have started the application procedure after the date of transposition of this directive the new requirements for emission limit values should be applicable.
Amendment 24
Proposal for a directive
Recital 23
(23)  Transboundary cooperation should take place prior to the granting of permits where more than one Member State may be affected by the operation of an installation, and should include prior information and consultation of the public concerned and competent authorities in the other Member States which may be affected.
(23)  Transboundary cooperation through appropriate regional communication channels should take place prior to reconsideration or the granting of permits where more than one Member State may be affected by the operation of an installation, and should include prior information and consultation of the public concerned and competent authorities in the other Member States which may be affected.
Amendment 25
Proposal for a directive
Recital 24
(24)  The evaluation of Directive 2010/75/EU found that, even if it should foster the transformation of European industry, it is not dynamic enough and does not sufficiently support the deployment of innovative processes and technologies. It is therefore appropriate to facilitate the testing and deployment of emerging techniques with improved environmental performance, to facilitate cooperation with researchers and industries in publicly funded research projects subject to the conditions foreseen in the relevant European and national funding instruments, as well as to set up a dedicated centre to support innovation by collecting and analysing information on innovative techniques, including emerging techniques, relevant to activities within the scope of that Directive and to characterise their level of development from research to deployment (technology readiness level or ‘TRL’) and their environmental performance. This will also inform the exchange of information on drawing up, reviewing and updating BAT reference documents. Innovative techniques to be collected and analysed by the centre should be at least at the level of technology demonstrated in relevant environment (industrially relevant environment in the case of key enabling technologies) or system prototype demonstration in operation environment (TRL 6-7).
(24)  The evaluation of Directive 2010/75/EU found that, even if it should foster the transformation of European industry, it is not dynamic enough and does not sufficiently support the deployment of innovative processes and technologies, including those that are essential for the twin green and digital transition and the achievement of the objectives of the European Climate Law. Without prescribing the use of any technique or specific technology, it is therefore appropriate to facilitate the testing and deployment of emerging techniques with improved environmental performance, to facilitate cooperation with researchers and industries in publicly funded research projects subject to the conditions foreseen in the relevant European and national funding instruments, as well as to set up a dedicated centre to support innovation by collecting and analysing information on innovative techniques, including emerging techniques, relevant to activities within the scope of that Directive and to characterise their level of development from research to deployment (technology readiness level or ‘TRL’) and assess the level of the environmental performance of those techniques, while taking into account any potential limitation with regard to the availability of data. This will also inform the exchange of information on drawing up, reviewing and updating BAT reference documents. Innovative techniques to be collected and analysed by the centre should be at least at the level of technology demonstrated in relevant environment (industrially relevant environment in the case of key enabling technologies) or system prototype demonstration in operation environment (TRL 6-7).
Amendment 26
Proposal for a directive
Recital 25
(25)  Achieving Union objectives regarding a clean, circular and climate neutral economy by 2050 calls for a deep transformation of the Union economy. Consistently with the 8th Environmental Action Programme, operators of installations covered by Directive 2010/75/EU should therefore be required to include transformation plans in their environmental management systems. Such transformation plans will also complement the Corporate Sustainability Reporting requirements under Directive 2013/34/EU of the European Parliament and of the Council75 by providing a means for concrete implementation of these requirements at installation level. The first priority is the transformation of energy-intensive activities listed in Annex I. Therefore, the operators of energy-intensive installations should produce transformation plans by 30 June 2030. Operators of installations carrying out other activities listed in Annex I should be required to produce transformation plans as part of the permit reconsideration and update following the publication of decisions on BAT conclusions published after 1 January 2030. Whilst the transformation plans should remain indicative documents prepared under the responsibility of the operators, the audit organisation contracted by the operators as part of their environmental management systems should check that they contain the minimum information to be set by the European Commission in an implementing act, and the operators should make the transformation plans public.
(25)  Achieving Union objectives regarding a clean, circular and climate neutral economy by 2050 calls for a deep transformation of the Union economy. Consistently with the 8th Environmental Action Programme, operators of installations covered by Directive 2010/75/EU should therefore be required to include indicative transformation plans at group, corporate or installation level in their environmental management systems. Such transformation plans will also complement the Corporate Sustainability Reporting requirements under Directive 2013/34/EU of the European Parliament and of the Council75, whereas for transformation plans, information or data that are already reported under other Union legislation, such as Directive (EU) 2022/2464 of the European Parliament and of the Council 75a or the Directive on corporate sustainability due diligence [OJ: please insert the reference number for 2022/0051(COD)]75b it should be possible to simply make a reference if they are compliant with the elements of the transformation plans The first priority is the transformation of energy-intensive activities listed in Annex I. Therefore, the operators of energy-intensive installations, for which a derogation is granted or which are among the 200 most polluting installations except for installations with a closure plan for 2035 should produce transformation plans by 30 June 2027 at installation level. The second priority is that all other operators of energy-intensive installations should produce transformation plans by 30 June 2029 at group or corporate level with reference to each installation. Similarly operators of installations carrying out other activities listed in Annex I should be required to produce transformation plans by 1 January 2030. Whilst the transformation plans should remain indicative documents prepared under the responsibility of the operators, the audit organisation contracted by the operators as part of their environmental management systems should check that they contain the minimum information to be set by the European Commission in a delegated act, and the operators should make the transformation plans public, while respecting confidentiality and not disclosing sensitive business information. The Commission should carry out a mid-term review of the delegated act of the transformation plan in 2035, following which it should revise the transformation plans.
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75 Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings, amending Directive 2006/43/EC of the European Parliament and of the Council and repealing Council Directives 78/660/EEC and 83/349/EEC; OJ L 182, 29.6.2013, p. 19–76.
75 Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings, amending Directive 2006/43/EC of the European Parliament and of the Council and repealing Council Directives 78/660/EEC and 83/349/EEC; OJ L 182, 29.6.2013, p. 19–76.
75a Directive (EU) 2022/2464 of the European Parliament and of the Council of 14 December 2022 amending Regulation (EU) No 537/2014, Directive 2004/109/EC, Directive 2006/43/EC and Directive 2013/34/EU, as regards corporate sustainability reporting (OJ L 322, 16.12.2022, p.15).
75b Proposal for a directive of the European Parliament and of the Council on Corporate Sustainability Due Diligence and amending Directive (EU) 2019/1937
Amendment 27
Proposal for a directive
Recital 25 a (new)
(25a)   Considering the water-related risks for, and risks to water by, industrial activities, especially taking into account the current situation regarding droughts and floods in Europe or the rising sea levels, digital tools such as digitalized management systems might help to quantitatively and qualitatively assess, manage water-related risks and help operators in the transformation of their installations.
Amendment 28
Proposal for a directive
Recital 29
(29)  In order to ensure that Directive 2010/75/EU continues meeting its objectives to prevent or reduce emissions of pollutants and achieve a high level of protection of human health and the environment, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to supplement that Directive in order to establish operating rules containing requirements for activities relating to rearing of poultry, pigs and cattle, and to amend Annexes I and Ia to that Directive by adding an agro-industrial activity to ensure that it meets its objectives to prevent or reduce pollutants emissions and achieve a high level of protection of human health and the environment. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 201677 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.
(29)  In order to ensure that Directive 2010/75/EU continues meeting its objectives to prevent or reduce emissions of pollutants and achieve a high level of protection of human health and the environment, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to supplement that Directive in order to establish operating rules containing requirements for activities relating, irrespective of their permitting or registration procedures, to large-scale rearing of animals under Annex Ia to this Directive. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 201677. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.
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77 Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making; OJ L 123, 12.5.2016, p. 1–14.
77 Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making; OJ L 123, 12.5.2016, p. 1–14.
Amendment 29
Proposal for a directive
Recital 30
(30)  In order to ensure uniform conditions for the implementation of Directive 2010/75/EU, implementing powers should be conferred on the Commission as regards the establishment of (i) the format to be used for the permit summary; (ii) a standardised methodology for assessing the disproportionality between the costs of implementation of the BAT conclusions and the potential environmental benefits, (iii) the measuring method for assessing compliance with emission limit values set out in the permit with regard to emissions to air and water, (iv) the detailed arrangements necessary for the establishment and functioning of the innovation centre for industrial transformation and emissions, and (v) the format to be used for transformation plans. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council78 .
(30)  In order to ensure uniform conditions for the implementation of Directive 2010/75/EU, implementing powers should be conferred on the Commission as regards the establishment of (i) the format to be used for the permit summary; (ii) a standardised methodology for assessing the disproportionality between the costs of implementation of the BAT conclusions and the potential environmental benefits taking into consideration the ‘Value of Statistical Life’ (VSL) method, if appropriate, (iii) the measuring method for assessing compliance with emission limit values set out in the permit with regard to emissions to air and water, (iv) the detailed arrangements necessary for the establishment and functioning of the innovation centre for industrial transformation and emissions, and (v) the format to be used for transformation plans. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council78.
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78 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
78 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
Amendment 30
Proposal for a directive
Recital 31
(31)  In order to ensure the effective implementation and enforcement of the obligations set out in Directive 2010/75/EU, it is necessary to specify the minimum content of effective, proportionate and dissuasive penalties. Disparities in penalties regimes, the fact that imposed penalties are deemed in many cases too low to truly have a deterrent effect on illegal behaviours, and the lack of uniform implementation across Member States, undermine the level playing field on industrial emissions throughout the Union. Account should be taken of Directive 2008/99/EC on the protection of the environment through criminal law where a detected infringement under this Directive constitutes an offence within the scope Directive 2008/99/EC.
(31)  In order to ensure the effective implementation and enforcement of the obligations set out in Directive 2010/75/EU, it is necessary to specify the minimum content of effective, proportionate and dissuasive penalties. Disparities in penalties regimes, the fact that imposed penalties are deemed in many cases too low to truly have a deterrent effect on illegal behaviours, and the lack of uniform implementation across Member States, undermine the level playing field on industrial emissions throughout the Union. The Commission should support the Member States in the uniform implementation by adopting guidelines. Such guidelines should include the principle of compensating, as a priority, local communities in which the harm was caused. Member States should respect the provisions of the Charter of Fundamental Rights of the European Union, in particular the ne bis in idem principle and the proportionality principle. Account should be taken of Directive 2008/99/EC on the protection of the environment through criminal law where a detected infringement under this Directive constitutes an offence within the scope Directive 2008/99/EC.
Amendment 31
Proposal for a directive
Recital 32
(32)  Where damage to human health has occurred as a result of a violation of national measures adopted pursuant to Directive 2010/75/EU, Member States should ensure that the individuals affected are able to claim and obtain compensation for that damage from the relevant natural or legal persons and, where appropriate, from the relevant competent authorities responsible for the infringement. Such rules on compensation contribute to pursuing the objectives of preserving, protecting and improving the quality of the environment and protecting human health as laid down in Article 191 TFEU. They also underpin the right to life, integrity of the person and health care laid down in Article 2, 3 and 35 of the Charter of Fundamental Rights of the European Union and the right to an effective remedy as laid down in Article 47 of the Charter. Moreover, Directive 2004/35/EC of the European Parliament and of the Council does not give private parties a right of compensation as a consequence of environmental damage or of an imminent threat of such damage.
(32)  Where damage to human health has occurred as a result of a violation of national measures adopted pursuant to Directive 2010/75/EU, Member States should ensure that the individuals affected are able to claim and obtain compensation for that damage from the relevant natural or legal persons and, where appropriate, from the relevant competent authorities responsible for the infringement when a decision, act or omission of the authority caused or contributed to the damage. Such rules on compensation contribute to pursuing the objectives of preserving, protecting and improving the quality of the environment and protecting human health as laid down in Article 191 TFEU. They also underpin the right to life, integrity of the person and health care laid down in Article 2, 3 and 35 of the Charter of Fundamental Rights of the European Union and the right to an effective remedy as laid down in Article 47 of the Charter. Moreover, Directive 2004/35/EC of the European Parliament and of the Council does not give private parties a right of compensation as a consequence of environmental damage or of an imminent threat of such damage.
Amendment 32
Proposal for a directive
Recital 32 a (new)
(32a)   In case of exceptional circumstances like the COVID-19 pandemic or the Russian war against Ukraine, where an installation faces a persistent interruption in the supply of raw materials or fuels or a disruption of an abatement technique’s elements due to force majeure, it could be necessary to temporarily set less strict emission or environmental performance limit values, while ensuring the overall protection of the environment .
Amendment 33
Proposal for a directive
Recital 33
(33)  It is therefore appropriate for Directive 2010/75/EU to address the right for compensation for damages suffered by individuals. To ensure that individuals can defend their rights against damages to health caused by violations of Directive 2010/75/EU and thereby ensure a more efficient enforcement of that Directive, non-governmental organisations promoting the protection of human health or the environment, including those promoting the protection of consumers and meeting any requirements under national law, as members of the public concerned, should be empowered to engage in proceedings, as the Member States so determine, either on behalf or or in support of any victim, without prejudice to national rules of procedure concerning representation and defence before the courts. Member States usually enjoy procedural autonomy to ensure an effective remedy against violations of Union law, subject to the respect of the principles of equivalence and effectivity. However, experience shows that while there is overwhelming epidemiologic evidence on the negative health impacts of pollution on the population, in particular as regards air, it is difficult for the victims of violations of Directive 2010/75/EU under the procedural rules on the burden of proof generally applicable in the Member States to demonstrate a causality link between the suffered harm and the violation. As a result, in the majority of cases, victims of violations of Directive 2010/75/EU do not have an effective way to obtain compensation for the harm caused by such violations. To strengthen the rights of individuals to obtain compensation for violations of Directive 2010/75/EU and to contribute to a more efficient enforcement of its requirements throughout the Union, it is necessary to adapt the burden of proof applicable to such situations. Therefore, when an individual can provide sufficiently robust evidence to give rise to a presumption that the violation of Directive 2010/75/EU is at the origins of the damage caused to the health of an individual, or has significantly contributed to it, it should be for the defendant to rebut that presumption in order to escape his liability.
(33)  It is therefore appropriate for Directive 2010/75/EU to address the right for compensation for damages suffered by individuals. To ensure that individuals can defend their rights against damages to health caused by violations of Directive 2010/75/EU and thereby ensure a more efficient enforcement of that Directive, non-governmental organisations promoting the protection of human health or the environment, including those promoting the protection of consumers and meeting any requirements under national law, as members of the public concerned, should be empowered to engage in proceedings, as the Member States so determine, either on behalf or in support of any victim, without prejudice to national rules of procedure concerning representation and defence before the courts. Member States enjoy procedural autonomy to ensure an effective remedy against violations of Union law, subject to the respect of the principles of equivalence and effectivity. Experience shows that while there is overwhelming epidemiologic evidence on the negative health impacts of pollution on the population, in particular as regards air, it is difficult for the victims of violations of Directive 2010/75/EU under the procedural rules to demonstrate a causality link between the suffered harm and the violation. As a result, in the majority of cases, victims of violations of Directive 2010/75/EU do not have an effective way to obtain compensation for the harm caused by such violations. To strengthen the rights of individuals to obtain compensation for violations of Directive 2010/75/EU and to contribute to a more efficient enforcement of its requirements throughout the Union, it is necessary to adapt national legislation on rebuttable presumptions applicable to such situations. Rebuttable presumptions are a common mechanism for alleviating a claimant’s evidential difficulties, while preserving the rights of the defendant. Rebuttable presumptions are only applicable provided that certain conditions are fulfilled. In order to maintain a fair apportionment of risk, and to avoid a reversal of the burden of proof, a claimant should be required to demonstrate sufficiently relevant evidence, including scientific data, that give rise to a presumption that the violation has caused or contributed to the damage. In light of the evidentiary challenges faced by injured persons, especially in complex cases, the rebuttable presumption mechanism would achieve a fair balance for the individual suffering from damage to their health, industry and, where appropriate, authorities. It should also be possible to use relevant scientific data, irrespective of whether they are published on the Portal, as evidence in accordance with the national law. Where such relevant scientific data are not available, it should be possible to use other evidence to support the claim in accordance with the national law.
Amendment 34
Proposal for a directive
Recital 35
(35)  The implementation of Directive 2010/75/EU has shown divergent applications across Member States concerning the coverage of installations for the manufacturing of ceramic products by firing, because the wording of the definition of this activity allowed Member States to decide whether to apply both or only one of the two criteria on production capacity and kiln capacity. With a view to ensuring a more consistent implementation of that Directive and securing a level-playing field throughout the Union, such installations should be included within the scope of that Directive whenever any one of those two criteria is met.
(35)  The implementation of Directive 2010/75/EU has shown divergent applications across Member States concerning the coverage of installations for the manufacturing of ceramic products by firing, because the wording of the definition of this activity allowed Member States to decide whether to apply both or only one of the two criteria on production capacity and kiln capacity. With a view to ensuring a more consistent implementation of that Directive, as well as compliance with Directive 2003/87/EC and securing a level-playing field throughout the Union, clear and unambiguous criteria for the inclusion of industrial-scale manufacturing of ceramic products by firing within the scope of Directive 2010/75/EU should be laid down. Such criteria should correspond to the criteria laid down in Directive 2003/87/EC.
Amendment 35
Proposal for a directive
Recital 36
(36)  When setting emission limit values for polluting substances, the competent authority should consider all substances, including substances of emerging concern, which may be emitted from the concerned installation and may have a significant impact on the environment or human health. In doing so, the hazard characteristics, quantity and nature of the substances emitted and their potential to pollute any environmental media should be considered. The BAT conclusions, where relevant, are the reference point for selecting the substances for which emission limit values are to be set, although the competent authority may decide to select additional substances. Currently, individual polluting substances are listed in a non-exhaustive way in Annex II to Directive 2010/75/EU; which is not compatible with the holistic approach of that Directive and does not reflect the need for competent authorities to take into account all relevant polluting substances, including those of emerging concern. The non-exhaustive list of polluting substances should therefore be deleted. Instead, reference should be made to the list of pollutants in Annex II to Regulation (EC) No 166/200679 .
(36)  When setting emission limit values for polluting substances, the competent authority should consider all substances, including substances of emerging concern and olfactory pollution, which may be emitted from the concerned installation to air, soil, surface and ground water and may have a significant impact on the environment or human health. In doing so, the hazard characteristics, quantity and nature of the substances emitted and their potential to pollute any environmental media should be considered as well as seasonal environmental fluctuations, which should be also taken into account. The BAT conclusions, where relevant, are the reference point for selecting the substances for which emission limit values are to be set, although the competent authority may decide to select additional substances. Currently, individual polluting substances are listed in a non-exhaustive way in Annex II to Directive 2010/75/EU; which is not compatible with the holistic approach of that Directive and does not reflect the need for competent authorities to take into account all relevant polluting substances, including those of emerging concern. The non-exhaustive list of polluting substances should therefore be deleted. Instead, reference should be made to the list of pollutants in Annex II to Regulation (EC) No 166/200679.
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79 Regulation (EC) No 166/2006 of the European Parliament and of the Council of 18 January 2006 establishing a European Pollutant Release and Transfer Register and amending Council Directives 91/689/EEC and 96/61/EC (OJ L 33, 4.2.2006, p. 1).
79 Regulation (EC) No 166/2006 of the European Parliament and of the Council of 18 January 2006 establishing a European Pollutant Release and Transfer Register and amending Council Directives 91/689/EEC and 96/61/EC (OJ L 33, 4.2.2006, p. 1).
Amendment 36
Proposal for a directive
Recital 37
(37)  Although landfills are included within the scope of Directive 2010/75/EU, no BAT conclusions exist for landfills since that activity falls within the scope of Council Directive 1999/31/EC80 and the requirements of the latter Directive are deemed to constitute BAT. Due to the technical developments and innovation that have taken place since the adoption of Directive 1999/31/EC, more effective techniques for protecting human health and the environment are now available. The adoption of BAT conclusions under Directive 2010/75/EU would allow addressing the key environmental issues related to the operation of waste landfills, including significant emissions of methane. Directive 1999/31/EC should therefore allow for the adoption of BAT conclusions on landfills under Directive 2010/75/EU.
(37)  Although landfills are included within the scope of Directive 2010/75/EU, no BAT conclusions exist for landfills since that activity falls within the scope of Council Directive 1999/31/EC80 and the requirements of the latter Directive are deemed to constitute BAT. Due to the technical developments and innovation that have taken place since the adoption of Directive 1999/31/EC, more effective techniques for protecting human health and the environment are now available. The adoption of BAT conclusions under Directive 2010/75/EU would allow addressing the key environmental issues related to the operation of waste landfills, including significant emissions of methane. Directive 1999/31/EC should therefore allow for the adoption of BAT conclusions on landfills under Directive 2010/75/EU. Directives 2010/75/EU and 1999/31/EC should therefore be amended accordingly.
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80 Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste (OJ L 182 16.7.1999, p. 1).
80 Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste (OJ L 182 16.7.1999, p. 1).
Amendment 37
Proposal for a directive
Recital 38
(38)   Directives 2010/75/EU and 1999/31/EC should therefore be amended accordingly.
deleted
Amendment 38
Proposal for a directive
Recital 38 a (new)
(38a)   The procedures under Directive 2010/75/EU, including BAT preparation and national permit procedures, are considered by the industries concerned to be too lengthy and cause uncertainty for the public concerned, which is, to a large extent, due to insufficient administrative capacity. In this respect, the considerable extension of the scope of Directive 2010/75/EU represents a further challenge for the Commission, the Forum under Article 13 and, especially, for the national competent authorities. The Commission should present an action plan for enhancing administrative capacity at Union and national level, thus enabling the acceleration of procedures provided for under the Directive, in particular for enabling technologies. The Commission should, furthermore, provide technical assistance to the Member States in complying with the new legislative and technical procedures, such as by means of a uniform digital tool for applying for permits.
Amendment 39
Proposal for a directive
Recital 38 b (new)
(38b)   From the entry into force of this amending act, Member States should take adequate measures to ensure that the competent authorities are able to handle the increased workload related to implementing Directive 2010/75/EU as amended by this Directive and ensure a swift efficient and smooth permitting process, in particular, in the case of fast-track permits for installations applying emerging techniques, thus, reducing the uncertainty for businesses to a minimum and supporting transformation towards a clean, circular and climate-neutral industry, while safeguarding the health and rights of the public concerned.
Amendment 291
Proposal for a directive
Recital 41 a (new)
(41a)   Combustion plants that are part of small isolated systems, specifically those located in the outermost regions, may, due to their geographical location and lack of interconnection to the mainland grid of Member States or the grid of another Member State, face special challenges requiring more time to comply with the obligations set out in Directive 2010/75/EU. The Member States concerned should establish a plan for compliance covering combustion plants being part of a small isolated system that sets out the measures taken by the Member State to ensure compliance with the emission limit values at the latest by 31 December 2029. The plan should describe the measures taken to ensure compliance, apply the best available techniques as applicable and measures to minimise the magnitude and duration of the pollutant emissions during the period covered by the plan and include information on demand management measures and possibilities for switching to cleaner alternatives such as the deployment of renewables and interconnection with the mainland grids or the grid of another Member State. Member States concerned should communicate their Compliance Plan to the Commission. Member States should update the plan in case the Commission raises objections. Member States concerned should report annually on progress towards compliance.
Amendment 292
Proposal for a directive
Article 1 – paragraph 1 – point -1
Directive 2010/75/EU
Title
Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control)
"(-1) The Title is replaced by the following
"Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial and agricultural emissions (integrated pollution prevention and control)";"
Amendment 40
Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 2010/75/EU
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..
It also lays down rules designed to prevent or, where that is not practicable, to continuously 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.
Amendment 41
Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 2010/75/EU
Article 1 – paragraph 2 a (new)
In addition, it lays down rules designed to improve resource efficiency in order to reduce the use of water, energy, and raw materials.
Amendment 263
Proposal for a directive
Article 1 – paragraph 1 – point 1 a (new)
Directive 2010/75/EU
Article 1 – paragraph 2 b (new)
(1a)   In Article 1, the following paragraph is added:
"When undertaking the actions to meet their obligations set out in this Directive, Member States shall consider the need to ensure a just and socially fair transition for all. The Commission may issue guidance to support Member States in that regard.";
Amendment 42
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point -a (new)
Directive 2010/75/EU
Article 3 – paragraph 1 – point 2
(-a)   point 2 is replaced as follow:
(2)  ‘pollution’ means the direct or indirect introduction, as a result of human activity, of substances, vibrations, heat or noise into air, water or land which may be harmful to human health or the quality of the environment, result in damage to material property, or impair or interfere with amenities and other legitimate uses of the environment;
"(2) ‘pollution’ means the direct or indirect introduction, as a result of human activity, of substances, vibrations, heat, noise or odours (‘olfactory pollution’) into air, water or land which may be harmful to human health or the quality of the environment, result in damage to material property, or impair or interfere with amenities and other legitimate uses of the environment;"
Amendment 43
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point -a a (new)
Directive 2010/75/EU
Article 3 – paragraph 1 – point 2 a (new)
(-aa)   the following point is inserted:
(2a)   ‘olfactory pollution’ means pollution produced by gaseous emissions in the atmosphere which may cause injuries to, or a condition of general significant unwellness or sickness in, persons living in the proximity of the installation.
Amendment 44
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a b (new)
Directive 2010/75/EU
Article 3 – paragraph 1 – point 5 a (new)
(ab)   the following point is inserted:
(5a)   ‘environmental performance limit value’ means the indicative environmental performance value within the binding range of environmental performance levels, including consumption levels, resource efficiency levels covering materials, water and energy resources, waste, and other levels obtained under specified reference conditions, where the range may not be exceeded during one or more periods of time.
Amendment 45
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a c (new)
Directive 2010/75/EU
Article 3 – paragraph 1 – point 9
(ac)   point 9 is replaced by the following:
(9)  ‘substantial change’ means a change in the nature or functioning, or an extension, of an installation or combustion plant, waste incineration plant or waste co-incineration plant which may have significant negative effects on human health or the environment;
"(9) ‘substantial change’ means a change in the nature or functioning, an extension or an extension of duration of the permit of an installation or combustion plant, waste incineration plant or waste co-incineration plant which may have significant negative effects on human health or the environment;"
Amendment 46
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a d (new)
Directive 2010/75/EU
Article 3 – paragraph 1 – point 10 – point b and c
(ad)   points b and c of point 10 are replaced by the following:
(b)   ‘available techniques’ means those developed on a scale which allows implementation in the relevant industrial sector, under economically and technically viable conditions, taking into consideration the costs and advantages, whether or not the techniques are used or produced inside the Member State in question, as long as they are reasonably accessible to the operator;
"(b) ‘available techniques’ means those developed on a scale which allows implementation in the relevant industrial sector, under economically and technically viable conditions, taking into consideration the costs and advantages whether or not the techniques are used or produced inside the Union, as long as they are reasonably accessible to the operator;
(c)‘best’ means most effective in achieving a high general level of protection of the environment as a whole;
(c)  ‘best’ means most effective in achieving a high general level of protection of the environment as a whole, including human health and climate protection;"
Amendment 47
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point b
Directive 2010/75/EU
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 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, the minimum content of an environmental management system including benchmarks associated with the best available techniques, associated monitoring, associated consumption levels and, where appropriate, relevant site remediation measures;;
(12)  ‘BAT conclusions’ means a document containing the parts of a BAT reference document laying down the conclusions on 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, the minimum content of an environmental management system including benchmarks associated with the best available techniques, emission levels associated with emerging techniques, environmental performance levels associated with emerging techniques, associated monitoring, associated consumption levels and, where appropriate, relevant site remediation measures;
Amendment 48
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point c
Directive 2010/75/EU
Article 3 – paragraph 1 – point 13a
(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;.
(13a)  ‘environmental performance levels associated with the best available techniques’ means the binding range of environmental performance levels for installations within the same sectoral activities and having similar characteristics, such as energy carriers, raw materials, production units and final products, when the data made available in the exchange of information supporting the determination of BAT are sufficiently robust across the Union, which shall include consumption and resource efficiency levels, for BAT Conclusions following the first conclusion after [insert the end date for transposition of this amending Directive], reuse levels for water, energy, and raw materials, 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 49
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point c a (new)
Directive 2010/75/EU
Article 3 – paragraph 1 – point 13 a a (new)
(ca)   the following point is inserted:
(13aa)   "Industrial Waste Water Treatment Plant" means a waste water treatment plant covered by Directive 2010/75/EU;
Amendment 50
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point c b (new)
Directive 2010/75/EU
Article 3 – paragraph 1 – point 13 a b (new)
(cb)   the following point is inserted:
(13ab)   "Urban Waste Water Treatment Plant" means a waste water treatment plant covered by Directive 91/271/EEC;
Amendment 51
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point c c (new)
Directive 2010/75/EU
Article 3 – paragraph 1 – point 14
(cc)   point 14 is replaced by the following:
(14)  ‘emerging technique’ means a novel technique for an industrial activity that, if commercially developed, could provide either a higher general level of protection of the environment or at least the same level of protection of the environment and higher cost savings than existing best available techniques;
"(14) ‘emerging technique’ means a novel technique for an industrial activity that, if commercially developed, could provide either a higher general level of protection of the environment and human health or at least the same level of protection of human health and the environment and higher cost savings than existing best available techniques;"
Amendment 52
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point d a (new)
Directive 2010/75/EU
Article 3 – paragraph 1 – point 23
(da)  point (23) is replaced by the following:
(23)   ‘poultry’ means poultry as defined in point 1 of Article 2 of Council Directive 90/539/EEC of 15 October 1990 on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs*
‘(23) ‘poultry' means poultry as defined in Article 4, point 9, of Regulation (EU) 2016/429 of the European Parliament and of the Council on transmissible animal diseases*;’;
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* OJ L 303, 31.10.1990, p. 6.
* OJ L 084, 31.3.2016, p. 1
Amendment 251
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point e
Directive 2010/75/EU
Article 3 – paragraph 1 – point 23 b
(23b)  ‘cattle’ means domestic animals of the species Bos taurus;
deleted
Amendment 252
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point e
Directive 2010/75/EU
Article 3 – paragraph 1 – point 23 c
(23c)  ‘livestock unit’ or ‘LSU’ means the grazing equivalent of one adult dairy cow producing 3 000 kg of milk annually, without additional concentrated foodstuffs, which is used to express the size of farms rearing different categories of animals, using the conversion rates, with reference to actual production within the calendar year, set out in Annex II to Commission Implementing Regulation (EU) No 808/2014**’.
(23c)  ‘livestock unit’ or ‘LSU’ means a standard measurement unit that allows for the aggregation of categories of livestock units covering pigs and poultry the coefficients of which are listed in Annex -Ia, in order to compare those categories;
* Council Directive 2008/120/EC of 18 December 2008 laying down minimum standards for the protection of pigs (OJ L 47, 18.2.2009, p. 5).
** Commission Implementing Regulation (EU) No 808/2014 of 17 July 2014 laying down rules for the application of Regulation (EU) No 1305/2013 of the European Parliament and of the Council on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) (OJ L 227 31.7.2014, p. 18).’;.
Amendment 54
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point e
Directive 2010/75/EU
Article 3 – paragraph 1 – point 23 c a (new)
(23ca)   ‘extensive farming’ refers to a type of animal rearing characterised by low levels of input per unit area of land, based on extensive practices, with livestock unit density equal to or less than 2.0 LSU per hectare (LSU/ha density) used for grazing, or based on farming practices certified in accordance with Regulation 2018/848 of the European Parliament and of the Council of 30 May 2018 on organic production and labelling of organic products, with livestock unit density equal to or less than 2.0 LSU per hectare (LSU/ha density) used for grazing or foraging, or rearing practices where livestock is subject to transhumance practices at least 180 days per year or as long as climatic conditions allow, in particular in alpine regions.
Amendment 55
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point f
Directive 2010/75/EU
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, construction minerals and precious stones;
deleted
Amendment 56
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point f
Directive 2010/75/EU
Article 3 – paragraph 1 – point 49
(49)   ‘metalliferous ores’ means ores that yield metals or metallic substances;
deleted
Amendment 57
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point f
Directive 2010/75/EU
Article 3 – paragraph 1 – point 50
(50)  ‘emission levels associated with emerging techniques’ means the range of emission levels obtained under normal operating conditions using an emerging technique or a combination of emerging techniques, expressed as an average over a given period of time, under specified reference conditions;
(50)  ‘emission levels associated with emerging techniques’ means the 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 58
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point f
Directive 2010/75/EU
Article 3 – paragraph 1 – point 51
(51)  ‘environmental performance levels associated with emerging techniques’ means the range of environmental performance levels, except emission levels, obtained under normal operating conditions using an emerging technique or a combination of emerging techniques;
(51)  ‘environmental performance levels associated with emerging techniques’ means the indicative range of environmental performance levels, except emission levels, including consumption levels of materials, water and energy, obtained under normal operating conditions using an emerging technique or a combination of emerging techniques, for installations within the same sectoral activities and having similar characteristics, such as energy carriers, raw materials, production units and final products, expressed as an average over a given period of time, under specified reference conditions;
Amendment 59
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point f
Directive 2010/75/EU
Article 3 – paragraph 1 – point 53 – point a
(a)  consumption levels;
(a)  consumption levels of energy and water ;
Amendment 60
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point f
Directive 2010/75/EU
Article 3 – paragraph 1 – point 53 – point b
(b)  resource efficiency levels and reuse levels covering materials, water and energy resources;
(b)  efficiency levels of water, energy, and raw materials; reuse levels of water, energy, and raw materials;
Amendment 61
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point f
Directive 2010/75/EU
Article 3 – paragraph 1 – point 53 – point f
(e)  waste and other levels obtained under specified reference conditions
(e)  waste and other levels obtained under specified reference conditions as described in BAT conclusions, expressed as an average over a given period of time.
Amendment 62
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point f
Directive 2010/75/EU
Article 3 – paragraph 1 – point 53 a (new)
(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 starting point of the production process to the point where reclaimed water is used, including distribution and storage infrastructure, where relevant;
Amendment 63
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point f
Directive 2010/75/EU
Article 3 – paragraph 1 – point 53 b (new)
(53b)   'reclaimed water’ means water that has been reclaimed from previous uses and is reused for a different beneficial purpose;
Amendment 64
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point f
Directive 2010/75/EU
Article 3 – paragraph 1 – point 53 c (new)
(53c)   ‘water reuse’ means the process through which water is reclaimed from previous use and converted through a water reuse system into water that can be reused for a variety of purposes;
Amendment 65
Proposal for a directive
Article 1 – paragraph 1 – point 3 a (new)
Directive 2010/75/EU
Article 3 a (new)
(3a)   The following Article 3a is inserted:
Article 3a
Confidential business information
1.    In accordance with Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC and with Directive (EU) 2016/943 of the European Parliament and of the Council, only non-confidential information shall be made publicly available under the provisions of this Directive.
2.   Irrespective of who publishes the information, Member States shall ensure that the operators are given an opportunity before publication to request in a proportionate manner the confidential treatment of relevant elements and within a reasonable and clearly defined period by the competent authority. Information may be redacted, or if that is not possible, excluded in the case of confidential business information.
3.   No later than one month after a request made pursuant to paragraph 2, the competent authority shall assess the request and notify the operator on its decision. If no agreement is reached, the operator may challenge the decision in the competent judicial or administrative authority of the Member State no later than one month after the decision of the competent authority.
4.   If the operator requests confidential treatment, the competent authority shall only suspend the publication of the contested elements until an agreement with the competent authorities is reached or final decision by the competent judicial or administrative authority of the Member State is taken.
Amendment 66
Proposal for a directive
Article 1 – paragraph 1 – point 4 a (new)
Directive 2010/75/EU
Article 5 – paragraph 2
(4a)   In Article 5, paragraph 2 is replaced by the following:
2.  Member States shall take the measures necessary to ensure that the conditions of, and the procedures for the granting of, the permit are fully coordinated where more than one competent authority or more than one operator is involved or more than one permit is granted, in order to guarantee an effective integrated approach by all authorities competent for this procedure.
"2. Member States shall take the measures necessary to ensure that the conditions of, and the procedures for the granting of, the permit are fully coordinated where more than one competent authority or more than one operator is involved or more than one permit is granted. In order to guarantee an effective integrated approach by all authorities competent for this procedure, an electronic permitting system shall be put in place."
Amendment 67
Proposal for a directive
Article 1 – paragraph 1 – point 5
Directive 2010/75/EU
Article 5 – paragraph 4 – subparagraph 1 – point a
(a)  an overview of the main permit conditions;
(a)  an overview of the main permit conditions, including emissions monitoring requirements;
Amendment 68
Proposal for a directive
Article 1 – paragraph 1 – point 5
Directive 2010/75/EU
Article 5 – paragraph 4 – subparagraph 2
The Commission shall adopt an implementing act to establish the format to be used for the summary referred to in the second subparagraph. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 75(2)..
By 31 December 2024, the Commission shall adopt an implementing act to establish the format to be used for the summary referred to in the second subparagraph and guidelines on the publication of the permits as referred to in the first subparagraph. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 75(2).
Amendment 69
Proposal for a directive
Article 1 – paragraph 1 – point 5
Directive 2010/75/EU
Article 5 – paragraph 4 a (new)
4a.   By 31 December 2024, Member States shall submit to the Commission an assessment on the measures needed due to the changes of this Directive, including a prognosis and estimations of the accrued workload of the competent authorities in order to ensure they have proper administrative capacity to provide a timely, efficient and smooth permitting process.
Amendment 70
Proposal for a directive
Article 1 – paragraph 1 – point 5
Directive 2010/75/EU
Article 5 – paragraph 4 b (new)
4b.   Without prejudice to other relevant Union law, Member States shall ensure that the process for granting fast-track permits for installations applying an emerging technique related to the main activity of the installation in accordance with Article 27c, does not exceed 18 months, unless exceptional circumstances arise.
If an extension of up to six months is necessary, the Member State shall inform the operator about the exceptional circumstances that justify the extension.
Competent authorities shall complete the processing of the permit applications no later than 90 days after receipt.
Within 90 days of the applicant submitting a respective request, the competent authority shall issue an opinion on the scope and level of detail of information to be included in the environmental impact assessment. If other Union legislation also requires an assessment of the effects on the environment, the national competent authority shall provide coordinated and joint procedures that meet the requirements of that Union legislation.
Within 12 months of the operator submitting a permit request, competent authorities shall complete the public consultation part of the environmental impact assessment of the project.
Amendment 71
Proposal for a directive
Article 1 – paragraph 1 – point 5
Directive 2010/75/EU
Article 5 – paragraph 4 c (new)
4c.   The rules referred to in paragraph 4a shall also apply where an operator applies for a permit covering more than one installation under Article 4(2).
Amendment 72
Proposal for a directive
Article 1 – paragraph 1 – point 5 a (new)
Directive 2010/75/EU
Article 6 – paragraph 2
(5a)   In Article 6, paragraph 2 is replaced by the following:
Where general binding rules are adopted, the permit may simply include a reference to such rules.
"Where general binding rules are adopted, the permit may include a reference to such rules. When adopting general binding rules, Member States shall ensure an integrated approach and a high level of environmental protection equivalent to that achievable with individual permit conditions."
Amendment 73
Proposal for a directive
Article 1 – paragraph 1 – point 6
Directive 2010/75/EU
Article 7 – paragraph 1 a (new)
In the event of pollution affecting drinking water resources, including transboundary resources, or affecting wastewater infrastructure in the case of indirect discharge, the competent authority shall inform the drinking water and wastewater operators affected, including transboundary wastewater operators, of the measures taken to prevent or remedy the damage caused by that pollution to human health and the environment.
Amendment 74
Proposal for a directive
Article 1 – paragraph 1 – point 6
Directive 2010/75/EU
Article 7 – paragraph 2
In the event of any incident or accident significantly affecting human health or the environment in another Member State, the Member State in whose territory the accident or incident has occurred shall ensure that the competent authority of the other Member State is immediately informed. Transboundary and multidisciplinary cooperation between the affected Member States shall aim at limiting the consequences on the environment and human health and to prevent further possible incidents or accidents.
In the event of any incident or accident significantly affecting human health or the environment in another Member State, the Member State in whose territory the accident or incident has occurred shall ensure that the competent authority of the other Member State is immediately informed via the established communication channels as referred to in Article 26(5). Transboundary and multidisciplinary cooperation between the affected Member States shall aim at limiting the consequences on the environment and human health and to prevent further possible incidents or accidents.
Amendment 75
Proposal for a directive
Article 1 – paragraph 1 – point 6
Directive 2010/75/EU
Article 8 – title
Non-compliance
Compliance
Amendment 76
Proposal for a directive
Article 1 – paragraph 1 – point 6
Directive 2010/75/EU
Article 8 – paragraph 1 – subparagraph 2
They shall also adopt compliance assurance measures to to promote, monitor and enforce compliance with obligations placed on natural or legal persons under this Directive.
They shall also adopt compliance assurance measures to promote, monitor and enforce compliance with obligations placed on natural or legal persons under this Directive*.
Amendment 77
Proposal for a directive
Article 1 – paragraph 1 – point 6
Directive 2010/75/EU
Article 8 – paragraph 2 – subparagraph 1 – introductory part
In the event of a breach of the permit conditions, Member States shall ensure that:
In the event of a breach of the permit conditions resulting from this Directive,. Member States shall ensure that:
Amendment 78
Proposal for a directive
Article 1 – paragraph 1 – point 6
Directive 2010/75/EU
Article 8 – paragraph 2 – subparagraph 2
Where the breach of the permit conditions poses an immediate danger to human health or threatens to cause an immediate significant adverse effect upon the environment, and until compliance is restored in accordance with the first subparagraph, points (b) and (c), the operation of the installation, combustion plant, waste incineration plant, waste co-incineration plant or relevant part thereof shall be suspended without any delay.
Where the breach of the permit conditions poses an immediate danger to human health, drinking water intake or threatens to cause an immediate significant adverse effect upon the environment, and until compliance is restored in accordance with the first subparagraph, points (b) and (c), the operation of the installation, combustion plant, waste incineration plant, waste co-incineration plant or relevant part thereof shall be suspended without any delay.
Amendment 79
Proposal for a directive
Article 1 – paragraph 1 – point 6
Directive 2010/75/EU
Article 8 – paragraph 2 a (new)
2a.   In the event of a breach of compliance affecting drinking water resources, including transboundary resources, or affecting wastewater infrastructure in the case of an indirect discharge, the competent authority shall inform the drinking water and wastewater operators, and all relevant authorities that ensure compliance with environmental legislation affected, including transboundary authorities, of the breach and the measures taken to prevent or remedy the damage caused to human health and the environment.
Amendment 80
Proposal for a directive
Article 1 – paragraph 1 – point 6
Directive 2010/75/EU
Article 8 – paragraph 3
Where the breach of the permit conditions continues to cause a danger to human health or a a significant adverse effect upon the environment, and where the necessary action for restoring compliance identified in the inspection report referred to in Article 23(6) have not been implemented, the operation of the installation, combustion plant, waste incineration plant, waste co-incineration plant or relevant part thereof may be suspended by the competent authority until compliance with the permit conditions is restored.
Where the breach of the permit conditions continues to cause a danger to human health or a a significant adverse effect upon the environment, and where the necessary action for restoring compliance identified in the inspection report referred to in Article 23(6) have not been implemented, the operation of the installation, combustion plant, waste incineration plant, waste co-incineration plant or relevant part thereof shall be suspended by the competent authority until compliance with the permit conditions is restored.
Amendment 81
Proposal for a directive
Article 1 – paragraph 1 – point 6
Directive 2010/75/EU
Article 8 – paragraph 3 a (new)
3a.   The suspension referred to in paragraphs 2 and 3 of this Article shall be enforced in an effective manner and shall not be postponed or ceased by any means, including if the operator challenges the suspension decision through any administrative or judicial means, unless there is a definitive judicial decision concluding that the operation can be resumed.
Amendment 82
Proposal for a directive
Article 1 – paragraph 1 – point 6
Directive 2010/75/EU
Article 8 – paragraph 3 b (new)
3b.   In the event of any breach of the permit conditions affecting human health or the environment in another Member State, the Member State in whose territory the breach of the permit conditions has occurred shall ensure that the competent authority of the other Member State is informed via the established communication channels as referred to in Article 26(5).
Amendment 257
Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 2010/75/EU
Article 9 – paragraph 2
(7)   In Article 9, paragraph (2) is deleted.
deleted
Amendment 84
Proposal for a directive
Article 1 – paragraph 1 – point 7 a (new)
Directive 2010/75/EU
Article 11 – paragraph 1 – point c
(7a)   Article 11, point (c) is replaced by the following:
(c)  no significant pollution is caused;
"(c) no significant pollution is caused, including olfactory pollution;"
Amendment 85
Proposal for a directive
Article 1 – paragraph 1 – point 7 b (new)
Directive 2010/75/EU
Article 11 – paragraph 1 – point f
(7b)   In Article 11, point (f) is replaced by the following:
(f)  energy is used efficiently;
"(f) energy is used efficiently and the use and production of renewable energy is promoted;"
Amendment 86
Proposal for a directive
Article 1 – paragraph 1 – point 8
Directive 2010/75/EU
Article 11 – paragraph 1 – point fa
(fa)  material resources and water are used efficiently, including through re-use;
(fa)  material resources and water are used efficiently, including through re-use and recycling;
Amendment 87
Proposal for a directive
Article 1 – paragraph 1 – point 8
Directive 2010/75/EU
Article 11 – paragraph 1 – point fb
(fb)   the overall life-cycle environmental performance of the supply chain is taken into account as appropriate;
deleted
Amendment 88
Proposal for a directive
Article 1 – paragraph 1 – point 8 a (new)
Directive 2010/75/EU
Article 11 – paragraph 1 – point g
(8a)   In Article 11, (1), point (g) is replaced by the following:
(g)  the necessary measures are taken to prevent accidents and limit their consequences;
"(g)  the necessary measures are taken to protect human health, prevent accidents, and limit their consequences;"
Amendment 89
Proposal for a directive
Article 1 – paragraph 1 – point 8 b (new)
Directive 2010/75/EU
Article 12 – paragraph 1 – point b
(8b)   In Article 12, (1), point b is replaced b the following:
(b)  the raw and auxiliary materials, other substances and the energy used in or generated by the installation;
"(b) the raw and auxiliary materials, other substances, the energy and water used in or generated by the installation;"
Amendment 90
Proposal for a directive
Article 1 – paragraph 1 – point 8 c (new)
Directive 2010/75/EU
Article 12 – paragraph 1 – point c
(8c)   In Article 12, (1), point c is replaced by the following:
(c)  the sources of emissions from the installation;
"(c) the sources of emissions from the installation, including olfactory emissions;"
Amendment 91
Proposal for a directive
Article 1 – paragraph 1 – point 8 d (new)
Directive 2010/75/EU
Article 12 – paragraph 1 – point f
(8d)   In Article 12(1), point f is replaced by the following:
(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;
"(f) the nature and quantities of foreseeable emissions, including olfactory emissions as concentrations, and where possible, at least for water, in loads, from the installation into each medium as well as identification of significant effects of the emissions on the environment;"
Amendment 92
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point a
Directive 2010/75/EU
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.
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 human health and environmental protection, the European Chemicals Agency, the European Environmental Agency, and the Commission.
Amendment 93
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point a a (new)
Directive 2010/75/EU
Article 13 – paragraph 1 a (new)
aa.   the following paragraph is inserted:
1a.   The Commission shall, by the end date for transposition of this Directive amend Implementing Decision 2012/119/EU and provide both the Seville technical working group and the Forum referred to in Article 13 of this Directive with the necessary resources, and shall adapt their structure, competences and financing in line with the extension of scope of this Directive.
Amendment 94
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point b
Directive 2010/75/EU
Article 13 – paragraph 2 – subparagraph 2
Without prejudice to Union competition law, information considered as confidential business information or commercially sensitive information shall only be shared with the Commission and with the following individuals having signed a confidentiality and non-disclosure agreement: civil servants and other public employees representing Member States or Union agencies, and representatives of non-governmental organisations promoting the protection of human health or the environment. The exchange of information considered as confidential business information or sensitive commercial information shall remain limited to what is required to draw up, review and, where necessary, update BAT reference documents, and such confidential business information or sensitive commercial information shall not be used for other purposes..
By way of derogation from Article 3a , and without prejudice to Union competition law, information considered as confidential business information or commercially sensitive information shall only be shared with the Commission. This information shall be anonymised, not referring to a particular operator or installation, before being shared with the following individuals having signed a confidentiality, and non-disclosure agreement: civil servants and other public employees representing Member States or Union agencies, representatives of non-governmental organisations promoting the protection of human health or the environment and representatives of associations representing the relevant industrial sectors. The exchange of information considered as confidential business information or sensitive commercial information shall remain limited to what is technically required to draw up, review and, where necessary, update BAT reference documents, and such confidential business information or sensitive commercial information shall not be used for other purposes. The Commission shall adopt an implementing act providing the model for the confidentiality and non-disclosure agreement enabling the exchange of information in accordance with this paragraph.
Amendment 95
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point b a (new)
Directive 2010/75/EU
Article 13 – paragraph 3 – subparagraph 1
(ba)   in paragraph 3, the first subparagraph is replaced by the following:
The Commission shall establish and regularly convene a forum composed of representatives of Member States, the industries concerned and non-governmental organisations promoting environmental protection.
"The Commission shall establish and regularly convene a balanced forum composed of representatives of Member States, the industries concerned and non-governmental organisations promoting the protection of human health or the environment."
Amendment 96
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point b b (new)
Directive 2010/75/EU
Article 13 – paragraph 3 – subparagraph 2 – point d
(bb)   paragraph (3), point (d) is replaced by the following:
(d)  guidance on the drawing up of BAT reference documents and on their quality assurance including the suitability of their content and format.
"(d)  guidance on the drawing up of BAT reference documents, including on cross media effects, taking into consideration increased legislative ambition on decarbonisation and energy independence, and on their quality assurance including the suitability of their content and format as well as an indication of the appropriate instrument, such as benchmarks or environmental performance levels, taking into account the recommendations of the technical working group."
Amendment 97
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point b c (new)
Directive 2010/75/EU
Article 13 – paragraph 5
(bc)   paragraph 5 is replaced by the following:
5.  Decisions on the BAT conclusions shall be adopted in accordance with the regulatory procedure referred to in Article 75(2).
"5. The exchange of information for the preparation, review and, if necessary, updating, of a BREF document shall not exceed a period of four years. The opinion of the forum referred to in paragraph 3 on the proposed content of a BREF shall be submitted within 6 months of the final meeting of the expert group responsible for the revision of the BREF.
Decisions on the BAT conclusions, shall be adopted in accordance with the regulatory procedure referred to in Article 75(2). BAT reference documents shall be reviewed and, where necessary updated, at least every 8 years."
Amendment 98
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point b d (new)
Directive 2010/75/EU
Article 13 – paragraph 6
(bd)   paragraph 6 is replaced by the following:
6.  After the adoption of a decision in accordance with paragraph 5, the Commission shall without delay make the BAT reference document publicly available and ensure that BAT conclusions are made available in all the official languages of the Union.
"6. After the adoption of a decision in accordance with paragraph 5, the Commission shall within one month make the BAT reference document and the BAT conclusions publicly available on an easy to find webpage. The BAT conclusion shall be published in all the official languages of the Union and shall be made available online on the Industrial Emissions Portal."
Amendment 99
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a – point i a (new)
Directive 2010/75/EU
Article 14 – paragraph 1 – subparagraph 1 a (new)
(ia)   the following subparagraph is inserted after the first subparagraph:
When an industrial installation discharges wastewater directly or indirectly into surface water, drinking water and wastewater operators shall be consulted, prior to the granting of the permit, on the potential consequences of emissions on their infrastructure and the protection of human health and the environment. The authorities shall take that information duly into account when defining the permit conditions. Such procedure shall not delay the granting of the permit unduly.
Amendment 100
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a – point ii
Directive 2010/75/EU
Article 14 – paragraph 1 – subparagraph 2 – point a
(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;
(a)  emission limit values for polluting substances listed in Annex II of Regulation (EC) No 166/2006*, and for other polluting substances, in particular odour emissions and substances of very high concern in Annex XIV to Regulation (EC) No 1907/2006, designated as priority substances under Directives 2000/60/EC or 2008/105/EC, on the watch lists established in the framework of Directives 2006/118/EC or 2008/105/EC, or other substances that are subject to limit values or other restrictions under Directives 2008/50/EC, 2004/107/EC or 2006/118/EC, until the adoption of the delegated act expanding Annex II to the Industrial Emissions Portal Regulation, 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, take into account seasonal environmental fluctuations;
______________________
___________________
* Regulation (EC) No 166/2006 of the European Parliament and of the Council of 18 January 2006 concerning the establishment of a European Pollutant Release and Transfer Register and amending Council Directives 91/689/EEC and 96/61/EC (OJ L 33, 4.2.2006, p. 1).’;
* Regulation (EC) No 166/2006 of the European Parliament and of the Council of 18 January 2006 concerning the establishment of a European Pollutant Release and Transfer Register and amending Council Directives 91/689/EEC and 96/61/EC (OJ L 33, 4.2.2006, p. 1).’;
Amendment 101
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a – point iii
Directive 2010/75/EU
Article 14 – paragraph 1 – subparagraph 2 – point a a
(aa)  environmental performance limit values;;
(aa)  environmental performance limit values, as referred to in Article 3 and Article 15 (3a);
Amendment 102
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a – point iv
Directive 2010/75/EU
Article 14 – paragraph 1 – subparagraph 2 – point b
(b)  appropriate requirements ensuring protection of the soil, groundwater and surface water, and measures concerning the monitoring and management of waste generated by the installation;;
(b)  appropriate requirements ensuring protection of the soil, groundwater and surface water, and measures concerning the monitoring and management of waste generated by the installation, with specific attention given to the production of drinking water;
Amendment 103
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a – point v
Directive 2010/75/EU
Article 14 – paragraph 1 – subparagraph 2 – point ba
(ba)  appropriate requirements for an environmental management system as laid down in Article 14a;;
(ba)  appropriate requirements laying down the general characteristics for an environmental management system in accordance with Article 14a;
Amendment 104
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a – point vi a (new)
Directive 2010/75/EU
Article 14 – paragraph 1 – subparagraph 2 – point c – subpoint ii a (new)
(via)   in point (c), the following subpoint (ii a new) is added:
(ii a)   requirements for quality control of laboratories performing the monitoring, based on international standards such as ISO 17025.
Amendment 105
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a – point vii a (new)
Directive 2010/75/EU
Article 14 – paragraph 1 – subparagraph 2 – point e
(vii a)   point e is replaced by the following:
(e)  appropriate requirements for the regular maintenance and surveillance of measures taken to prevent emissions to soil and groundwater pursuant to point (b) and appropriate requirements concerning the periodic monitoring of soil and groundwater in relation to relevant hazardous substances likely to be found on site and having regard to the possibility of soil and groundwater contamination at the site of the installation;
"(e) appropriate requirements for the regular maintenance and surveillance of measures taken to prevent emissions to soil, surface and groundwater pursuant to point (b) and appropriate requirements concerning the periodic monitoring of soil, surface and groundwater in relation to relevant hazardous substances likely to be found on site and having regard to the possibility of soil, surface and groundwater contamination at the site of the installation;"
Amendment 106
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a a (new)
Directive 2010/75/EU
Article 14 – paragraph 2 a (new)
(aa)   the following paragraph is inserted:
2a.   Member States may grant derogations from the measure referred to in paragraph 1 subparagraph 2, point (bb) for up to twelve months. Such a derogation may apply only after the granting of the permit, provided that sufficient efforts have already been undertaken to finalise the EMS within that time period.
Amendment 107
Proposal for a directive
Article 1 – paragraph 1 – point 11
Directive 2010/75/EU
Article 14a – paragraph 1 – subparagraph 1
Member States shall require the operator to prepare and implement, for each installation falling within the scope of this Chapter, an environmental management system (‘EMS’). The EMS shall comply with the provisions included in relevant BAT conclusions that determine aspects to be covered in the EMS.
Member States shall require the operator to prepare and implement, for each installation, including, pursuant to Article 4(2), for jointly covered installations by a permit, falling within the scope of this Chapter, an environmental management system (‘EMS’). Member States shall ensure that requirements to be mentioned in the permit conditions concerning the characteristics of the EMS are of a general nature only.
The EMS shall comply with the provisions included in relevant BAT conclusions that determine aspects to be covered in the EMS in the form of a standardised text as published by the European Commission in BREFs based upon an opinion by the forum referred to in Article 13.
Amendment 108
Proposal for a directive
Article 1 – paragraph 1 – point 11
Directive 2010/75/EU
Article 14a – paragraph 1 – subparagraph 2
The EMS shall be reviewed periodically to ensure that it continues to be suitable, adequate and effective.
The EMS shall be audited at least every 3 years by an environmental verifier, as defined in Article 2(20) of Regulation 1221/2009, who verifies the conformity of the EMS, and of its implementation, with this article. The licence or accreditation referred to in Article 2(20) of Regulation 1221/2009 shall include the requirements set out in this Article.
Amendment 109
Proposal for a directive
Article 1 – paragraph 1 – point 11
Directive 2010/75/EU
Article 14a – paragraph 2 – introductory part
2.  The EMS shall include at least the following:
2.  The EMS shall include at least the following information:
Amendment 110
Proposal for a directive
Article 1 – paragraph 1 – point 11
Directive 2010/75/EU
Article 14a – paragraph 2 – point b
(b)  objectives and performance indicators in relation to significant environmental aspects, which shall take into account benchmarks set out in the relevant BAT conclusions and the life-cycle environmental performance of the supply chain;
(b)  objectives and performance indicators in relation to significant environmental aspects, which shall take into account benchmarks set out in the relevant BAT conclusions;
Amendment 111
Proposal for a directive
Article 1 – paragraph 1 – point 11
Directive 2010/75/EU
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, 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;
(d)  a chemicals inventory of the relevant hazardous substances present in the installation as such, as constituents of other substances or as part of mixtures, 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 112
Proposal for a directive
Article 1 – paragraph 1 – point 11
Directive 2010/75/EU
Article 14a – paragraph 2 – subparagraphs 2, 3, and 4
The level of detail of the EMS shall be consistent with the nature, scale and complexity of the installation, and the range of environmental impacts it may have.
In cases where an EMS is included in a BAT conclusion but the EMS does not cover elements set out in Article 14a(2), points (a) to (e), Member States shall require the operator to prepare and implement the EMS by 12 months after the end date of transposition of this Directive.
Where elements of the EMS, or the related performance indicators, objectives, measures have already been developed in other relevant Union legislation and comply with this paragraph, a reference in the EMS to the relevant documents shall be sufficient.
Amendment 113
Proposal for a directive
Article 1 – paragraph 1 – point 11
Directive 2010/75/EU
Article 14a – paragraph 3
3.  The EMS of an installation shall be made available on the Internet, free of charge and without restricting access to registered users..
3.  The EMS of an installation shall be made available on the Internet, free of charge and without restricting access to registered users in accordance with Article 4a of this Directive.
Amendment 114
Proposal for a directive
Article 1 – paragraph 1 – point 12
Directive 2010/75/EU
Article 15 – paragraph 1 – subparagraph 2 – introductory part
With regard to indirect releases of polluting substances into water, the effect of a waste water treatment plant outside the installation may be taken into account when determining the emission limit values of the installation concerned, provided that the operator ensures that all of the following requirements are fulfilled:
With regard to indirect releases of polluting substances into water, in the first instance the effect on an urban or industrial wastewater treatment plant, as applicable, outside the installation shall be taken into account when determining the emission limit values of the installation concerned in accordance with Article 14 of Directive [Urban Wastewater Treatment Directive (recast)]. As a second step the effect of an urban or industrial waste water treatment plant outside the installation may be taken into account when determining the emission limit values of the installation concerned. The steps, as referred to in this paragraph, shall be undertaken provided that an equivalent level of protection of the environment as a whole is guaranteed, that such steps do not lead to higher levels of pollution in the environment and provided the operator ensures that all of the following requirements are fulfilled:
Amendment 115
Proposal for a directive
Article 1 – paragraph 1 – point 12
Directive 2010/75/EU
Article 15 – paragraph 1 – subparagraph 2 – point a
(a)  the released polluting substances do not impede the operation of the waste water treatment plant;
(a)  the released polluting substances do not impede the operation of the waste water treatment plant or the capacity to recover resources from the waste water treatment stream;
Amendment 116
Proposal for a directive
Article 1 – paragraph 1 – point 12
Directive 2010/75/EU
Article 15 – paragraph 3 – subparagraph 1 – introductory part
The competent authority shall set the strictest possible emission limit values that are consistent with the lowest emissions achievable by applying BAT in the installation, and that ensure that, under normal operating conditions, emissions do not exceed the emission levels associated with the best available techniques (BAT-AELs) as laid down in the decisions on BAT conclusions referred to in Article 13(5). The emission limit values shall be based on an assessment by the operator analysing the feasibility of meeting the strictest end of the BAT-AEL range and demonstrating the best performance the installation can achieve by applying BAT as described in BAT conclusions. The emission limit values shall be set through either of the following:
Subject to the publication of new or amended BAT conclusions, after the transposition of this Directive in accordance with Article 21 (3), or when the permit is granted or updated pursuant to Article 21(5), or [ date of the first day of the month following 10 years after the date of entry into force of this Directive], whichever is the sooner and for operators which have filed for application of a permit after the date of transposition of this Directiveand taking into account Commission Implementing Decision 2012/119/EU (“The BREF Guidance”) the competent authority shall set the strictest achievable emission limit values for the specific installation that are consistent with the lowest emissions achievable by applying BAT in the installation. Those limit values shall take into account cross-media effects and ensure that, under normal operating conditions, emissions do not exceed the emission levels associated with the best available techniques (BAT-AELs) as laid down in the decisions on BAT conclusions referred to in Article 13(5). The emission limit values shall be based on an assessment by the operator of the whole BAT-AEL range, analysing the feasibility of meeting the strictest end of the BAT-AEL range and demonstrating the best overall performance the specific installation can achieve under normal operating conditions, while taking into consideration standard operating fluctuations in cases of short-term averages, by applying BAT as described in BAT conclusions. The emission limit values shall be set through either of the following:
Amendment 117
Proposal for a directive
Article 1 – paragraph 1 – point 12
Directive 2010/75/EU
Article 15 – paragraph 3 – subparagraph 2 a (new)
If general binding rules are adopted concerning Article 15(3), Member States shall set general binding rules on the strictest achievable emission limit values by applying BAT only for categories of installations within the same sectoral activities that have similar characteristics, and based on an assessment by the Member States analysing the feasibility of meeting the strictest end of the range achievable.
Amendment 273
Proposal for a directive
Article 1 – paragraph 1 – point 12
Directive 2010/75/EU
Article 15 – paragraph 3a
3a.  The competent authority shall set environmental performance limit values that ensure that, under normal operating conditions, such performance limits values do not exceed the environmental performance levels associated with BATs as laid down in the decisions on BAT conclusions referred to in Article 13(5).
3a.  Subject to the publication of new or amended BAT conclusions under this Directive, and after its transposition, taking into account Commission Implementing Decision 2012/119/EU(“The BREF Guidance”), the competent authority shall set indicative environmental performance values that ensure that, under normal operating conditions, such performance limits values do not exceed the environmental performance levels associated with BATs as laid down in the decisions on BAT conclusions referred to in Article 13(5) taking into consideration the cross-media effects in installations, including with heterogeneous emissions and industrial emissions.
Amendment 119
Proposal for a directive
Article 1 – paragraph 1 – point 12
Directive 2010/75/EU
Article 15 – paragraph 4 – subparagraph 1 – point b
(b)  the technical characteristics of the installation concerned.
(b)  the technical characteristics of the installation concerned, including in the case of an agreed closure plan of the installation, within 4 years of the publication of BAT conclusion.
Amendment 120
Proposal for a directive
Article 1 – paragraph 1 – point 12
Directive 2010/75/EU
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 may put at risk compliance with environmental quality standards referred to in Article 18.
Derogations granted after the transposition of this Directive referred to in this paragraph shall be granted for a maximum of five years and in compliance with 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 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 121
Proposal for a directive
Article 1 – paragraph 1 – point 12
Directive 2010/75/EU
Article 15 – paragraph 4 – subparagraph 5
The competent authority shall re-assess whether the derogation granted in accordance with this paragraph is justified every 4 years or as part of each reconsideration of the permit conditions pursuant to Article 21, where such reconsideration is made earlier than 4 years after the derogation was granted.
The competent authority shall re-assess whether the derogation granted in accordance with this paragraph is justified every 5 years or as part of each reconsideration of the permit conditions pursuant to Article 21, where such reconsideration occurs earlier than 5 years after the derogation was granted.
Amendment 122
Proposal for a directive
Article 1 – paragraph 1 – point 12
Directive 2010/75/EU
Article 15 – paragraph 4 a (new) – subparagraphs 1 and 2
4a.   By way of derogation from paragraph 3a, and without prejudice to Article 18, the competent authority, in specific cases, may set environmental performance limit values, which are less strict than the mandatory upper end of the range. Such a derogation may apply only where an assessment shows that the achievement of environmental performance limit values with the best available techniques as described in BAT conclusions would lead to disproportionately higher costs compared to the environmental benefits and cross-media effects due to:
(a)   the geographical location or local climatic conditions of the installation concerned; or
(b)   technical characteristics of the installation concerned, including in a situation of an agreed closure plan of the installation, within 4 years of the publication of the BAT conclusions.
The derogation from water-related environmental performance limit values, referred to in the first subparagraph, shall be conditional upon a robust assessment of a present and future water risk for the installation.
Amendment 123
Proposal for a directive
Article 1 – paragraph 1 – point 12
Directive 2010/75/EU
Article 15 – paragraph 4 a (new) – subparagraph 3
The competent authority shall document 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.
Amendment 124
Proposal for a directive
Article 1 – paragraph 1 – point 12
Directive 2010/75/EU
Article 15 – paragraph 4 a (new) – subparagraph 4
The competent authority shall in any case ensure that no significant environmental impact is caused and that a high level of protection of the environment as a whole is achieved. Derogations shall not be granted where they could put at risk compliance with environmental quality standards referred to in Article 18.
Amendment 125
Proposal for a directive
Article 1 – paragraph 1 – point 12
Directive 2010/75/EU
Article 15 – paragraph 4 a (new) – subparagraph 5
The competent authority shall re-assess whether the derogation granted in accordance with this paragraph is justified every 5 years or as part of each reconsideration of the permit conditions pursuant to Article 21, where such reconsideration is carried out earlier than 5 years after the derogation was granted.
Amendment 126
Proposal for a directive
Article 1 – paragraph 1 – point 12
Directive 2010/75/EU
Article 15 – paragraph 4 a (new) – subparagraph 5
The Commission shall adopt an implementing act to establish a standardised methodology for assessing the elements referred to in the first subparagraph. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 75(2).
Amendment 127
Proposal for a directive
Article 1 – paragraph 1 – point 12
Directive 2010/75/EU
Article 15 – paragraph 4 b (new)
4b.   Without prejudice to Article 18, by way of derogation from paragraphs 3 and 3a, the competent authority may, in cases where an installation faces a persistent interruption in the supply of raw materials or fuels or a disruption of abatement technique’s elements due to force majeure, establish less strict emission limit values and environmental performance levels, for a maximum of 3 months, which may be extended by 3 months where the extraordinary circumstances as referred to in this paragraph persist, subject to a simplified assessment justifying the reasons and period for this temporary adjustment. As soon as the supply or abatement conditions are restored, the Member State shall ensure that this derogation ceases to have effect.
Member States shall inform the Commission of any derogation granted under the extraordinary circumstances as referred to in the first subparagraph.
The Commission shall assess whether the use of the derogation clause is justified having due regard to the criteria set in this subparagraph. If the Commission raises objections, the Member States shall, without delay, revise the derogation provided accordingly. As soon as the supply conditions are restored then the derogation shall cease to apply.
Amendment 128
Proposal for a directive
Article 1 – paragraph 1 – point 13
Directive 2010/75/EU
Article 15a – paragraph 1
1.  For the purpose of assessing compliance with emission limit values in accordance with Article 14(1), point (h), the correction made to measurements to determine the validated average emission values shall not exceed the measurement uncertainty of the measuring method.
1.  For the purpose of assessing compliance with emission limit values in accordance with Article 14(1), point (h), the correction made to measurements to determine the validated average emission values shall not exceed the measurement uncertainty determined according to the method in the EIPPCB Reference Report on Monitoring.
The EIPPCB Reference Report on Monitoring shall be updated by [OP please insert date = the first day of the month following 18 months after the date of entry into force of this Directive].
Amendment 129
Proposal for a directive
Article 1 – paragraph 1 – point 13
Directive 2010/75/EU
Article 15a – paragraph 2 – subparagraph 1
The Commission shall by [OP please insert date = the first day of the month following 24 months after the date of entry into force of this Directive] adopt an implementing act establishing the measuring method for assessing compliance with emission limit values set out in the permit with regard to emissions to air and water. This implementing act shall be adopted in accordance with the examination procedure referred to in Article 75(2).
The Commission shall by [OP please insert date = the first day of the month following 24 months after the date of entry into force of this Directive] adopt an implementing act establishing the method for assessing compliance with emission limit values set out in the permit with regard to emissions to air and water. This implementing act shall be adopted in accordance with the examination procedure referred to in Article 75(2).
Amendment 130
Proposal for a directive
Article 1 – paragraph 1 – point 13
Directive 2010/75/EU
Article 15a – paragraph 2 – subparagraph 2
The method referred to in the first subparagraph shall address, as a minimum, the determination of validated average emission values and shall set out how measurement uncertainty and the frequency of exceedance of emission limit values are to be taken into account in the compliance assessment.
The method referred to in the first subparagraph shall address, as a minimum, the determination of validated average emission values and shall set out how measurement uncertainty, as determined in the EIPPCB Reference Report on Monitoring, and the frequency of exceedance of emission limit values are to be taken into account in the compliance assessment.
Amendment 131
Proposal for a directive
Article 1 – paragraph 1 – point 13 a (new)
Directive 2010/75/EU
Article 16 – paragraph 2
(13a)   In Article 16, paragraph 2 is replaced by the following:
2.  The frequency of the periodic monitoring referred to in Article 14(1)(e) shall be determined by the competent authority in a permit for each individual installation or in general binding rules.
"2. The frequency of the periodic monitoring referred to in Article 14(1)(e) shall be determined by the competent authority in a permit for each individual installation or in general binding rules.
Without prejudice to the first subparagraph, periodic monitoring shall be carried out at least once every 5 years for groundwater and 10 years for soil, unless such monitoring is based on a systematic appraisal of the risk of contamination.
Without prejudice to the first subparagraph, periodic monitoring shall be carried out as set out in the BAT Conclusions, where applicable, and at least once every 3 years for groundwater and 7 years for soil, unless such monitoring is based on a systematic appraisal of the risk of contamination."
Amendment 132
Proposal for a directive
Article 1 – paragraph 1 – point 13 b (new)
Directive 2010/75/EU
Article 16 – paragraph 2 a (new)
(13b)   in Article 16, the following paragraph is added:
2a.   The quality control of laboratories performing the monitoring shall be based on international standards, such as ISO 17025.
Amendment 133
Proposal for a directive
Article 1 – paragraph 1 – point 14 a (new)
Directive 2010/75/EU
Article 17 – paragraph 1
(14a)   Article 17, paragraph 1 is replaced by the following:
1.  When adopting general binding rules, Member States shall ensure an integrated approach and a high level of environmental protection equivalent to that achievable with individual permit conditions.
"1. When adopting general binding rules, Member States shall ensure an integrated approach in accordance with Article 15(3), subparagraph 2 a (new), and a high level of environmental protection equivalent to that achievable with individual permit conditions."
Amendment 134
Proposal for a directive
Article 1 – paragraph 1 – point 15
Directive 2010/75/EU
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.
Where, an environmental quality standard requires stricter conditions than those achievable by the use of the best available techniques, additional measures such as setting supplementary load limits for the relevant polluting substances 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 135
Proposal for a directive
Article 1 – paragraph 1 – point 15
Directive 2010/75/EU
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. 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..
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 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 the downstream drinking water and/or wastewater treatment plants operators, as relevant, within the shortest possible time after the information has been generated, and not later than 1 month after the information has been generated. Where monitoring and measurement methods for the concerned pollutants, including so-called 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 136
Proposal for a directive
Article 1 – paragraph 1 – point 15 a (new)
Directive 2010/75/EU
Article 19
(15a)  Article 19 is replaced by the following:
Article 19
"Article 19
Developments in best available techniques
Developments in best available techniques
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 and shall make that information available to the public concerned.
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."
Amendment 137
Proposal for a directive
Article 1 – paragraph 1 – point 15 b (new)
Directive 2010/75/EU
Article 20 – paragraph 1
(15b)   In Article 20, paragraph 1 is replaced by the following:
1.   Member States shall take the necessary measures to ensure that the operator informs the competent authority of any planned change in the nature or functioning, or an extension of the installation, which may have consequences for the environment. Where appropriate, the competent authority shall update the permit.
"1. Member States shall take the necessary measures to ensure that the operator informs the competent authority of any planned change in the nature or functioning, or an extension of the installation which may have consequences for the environment, at least six months prior to the implementation of any such change or extension. Where appropriate, the competent authority shall update the permit including the relevant processes for the extension."
Amendment 138
Proposal for a directive
Article 1 – paragraph 1 – point 15 c (new)
Directive 2010/75/EU
Article 21 – paragraph 1
(15c)   In Article 21 paragraph 1 is replaced by the following:
1.   Member States shall take the necessary measures to ensure that the competent authority periodically reconsiders in accordance with paragraphs 2 to 5 all permit conditions and, where necessary to ensure compliance with this Directive, updates those conditions.
"1. Member States shall take the necessary measures to ensure that the competent authority periodically reconsiders in accordance with paragraphs 2 to 5 all permit conditions and, where necessary to ensure compliance with this Directive, updates those conditions. Member States shall ensure that the competent authorities reconsider the permit at least every 8 years."
Amendment 139
Proposal for a directive
Article 1 – paragraph 1 – point 15 d (new)
Directive 2010/75/EU
Article 21 – paragraph 3 – subparagraph 1 – point a
(15d)   In Article 21, paragraph 3, subparagraph 1, point a is replaced by the following:
(a)   all the permit conditions for the installation concerned are reconsidered and, if necessary, updated to ensure compliance with this Directive, in particular, with Article 15(3) and (4), where applicable;
"(a) all the permit conditions for the installation concerned are reconsidered and, if necessary, updated to ensure compliance with this Directive, in particular, with Article 15(3), (3a) and (4), where applicable;"
Amendment 305
Proposal for a directive
Article 1 – paragraph 1 – point 15 e (new)
Directive 2010/75/EU
Article 21 – paragraph 3 a (new)
(15e)   In Article 21, the following paragraph is inserted:
'3a. By way of derogation from paragraph 3, the competent authority may, in case undertakings implement deep industrial transformation in accordance with Article 3 towards Union objectives on a clean, circular and climate neutral economy by building new installations or having received the authorisation for new installations, postpone the reconsideration and updating of the permit for the activities concerned - without prejudice to the relevant provisions in the sector-specific chapters - until the transformation is completed, but not later than until 2035.'
Amendment 140
Proposal for a directive
Article 1 – paragraph 1 – point 16 a (new)
Directive 2010/75/EU
Article 22 – paragraph 2 – subparagraphs 1 and 2
(16a)   In Article 22, paragraph 2, first and second subparagraphs are replaced by the following:
2.   Where the activity involves the use, production or release of relevant hazardous substances and having regard to the possibility of soil and groundwater contamination at the site of the installation, the operator shall prepare and submit to the competent authority a baseline report before starting operation of an installation or before a permit for an installation is updated for the first time after 7 January 2013.
"2. Where the activity involves the use, production or release of relevant hazardous substances and having regard to the possibility of soil, surface and groundwater contamination at the site of the installation, the operator shall prepare and submit to the competent authority a baseline report before starting operation of an installation or before a permit for an installation is updated for the first time after 7 January 2013.
The baseline report shall contain the information necessary to determine the state of soil and groundwater contamination so as to make a quantified comparison with the state upon definitive cessation of activities provided for under paragraph 3.
The baseline report shall contain the information necessary to determine the state of soil, surface and groundwater contamination so as to make a quantified comparison with the state upon definitive cessation of activities provided for under paragraph 3."
Amendment 141
Proposal for a directive
Article 1 – paragraph 1 – point 16 b (new)
Directive 2010/75/EU
Article 22 – paragraph 3 – subparagraph 1
(16 b)   In Article 22, paragraph 3, subparagraph 1 is replaced by the following:
Upon definitive cessation of the activities, the operator shall assess the state of 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 be taken into account.
"Upon definitive cessation of the activities, the operator shall assess the state of soil and groundwater contamination by relevant hazardous substances used, produced or released by the installation. Where the installation has caused significant pollution of soil, surface 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 be taken into account."
Amendment 142
Proposal for a directive
Article 1 – paragraph 1 – point 16 c (new)
Directive 2010/75/EU
Article 23 – paragraph 4 – subparagraph 2
(16c)   In Article 23, paragraph 4, subparagraph 2 is replaced by the following:
The period between two site visits shall be based on a systematic appraisal of the environmental risks of the installations concerned and shall not exceed 1 year for installations posing the highest risks and 3 years for installations posing the lowest risks.
"The period between two site visits shall be based on a systematic appraisal of the environmental risks of the installations concerned and shall not exceed 1 year for installations posing the highest risks and 3 years for installations posing the lowest risks. The public shall be informed about the appraisal of the environmental risks of the installations."
Amendment 143
Proposal for a directive
Article 1 – paragraph 1 – point 16 d (new)
Directive 2010/75/EU
Article 23 – paragraph 4 – subparagraph 5
(16d)   In Article 23(4), subparagraph 5 is replaced by the following:
The Commission may adopt guidance on the criteria for the appraisal of environmental risks.
"By two years after the transposition of this Directiveat the latest, the Commission shall adopt and, where appropriate, regularly update, guidance on the criteria for the appraisal of environmental risks.""
Amendment 144
Proposal for a directive
Article 1 – paragraph 1 – point 17 – point a – point -i (new)
Directive 2010/75/EU
Article 24 – paragraph 1 – point b
(-i)   In Article 24(1), point b is replaced by the following:
(b)  the granting of a permit for any substantial change;
"(b) the granting or reconsidering of a permit for any substantial change;"
Amendment 145
Proposal for a directive
Article 1 – paragraph 1 – point 17 – point b – point i
Directive 2010/75/EU
Article 24 – paragraph 2 – introductory part
2.  When a decision on granting, reconsideration or updating of a permit has been taken, the competent authority shall make available to the public, including systematically via the Internet, free of charge and without restricting access to registered users, in relation to points (a), (b) and (f), the following information:;
2.  When a decision on granting, reconsideration or updating of a permit has been taken, the competent authority shall make available to the public, including systematically via the Internet, on its website, on a webpage which is easy to find, free of charge and without restricting access to registered users, in relation to points (a), (b) and (f) the following information:
Amendment 146
Proposal for a directive
Article 1 – paragraph 1 – point 17 – point b – point i a (new)
Directive 2010/75/EU
Article 24 – paragraph 2 – point a a (new)
(ia)   In Article 24(2), point a a (new) is inserted:
(aa)   the summary of the permit referred to in Article 5 (4);
Amendment 147
Proposal for a directive
Article 1 – paragraph 1 – point 17 – point b – point ii a (new)
Directive 2010/75/EU
Article 24 – paragraph 2 – point e
(iia)   In Article 24, (2), point e is replaced by the following:
(e)  how the permit conditions referred to in Article 14, including the emission limit values, have been determined in relation to the best available techniques and emission levels associated with the best available techniques;
"(e) how the permit conditions referred to in Article 14, including the emission limit values and environmental performance levels, have been determined in relation to the best available techniques and emission levels and environmental performance levels associated with the best available techniques;"
Amendment 148
Proposal for a directive
Article 1 – paragraph 1 – point 17 – point c
Directive 2010/75/EU
Article 24 – paragraph 3 – introductory part
3.  The competent authority shall also make available to the public, including systematically via the Internet, free of charge and without restricting access to registered users, the following:
3.  The competent authority shall also make available to the public, including systematically via the Internet, on its website, on a webpage which is easy to find, free of charge and without restricting access to registered users the following:
Amendment 149
Proposal for a directive
Article 1 – paragraph 1 – point 17 – point c
Directive 2010/75/EU
Article 24 – paragraph 3 – point b
(b)  the results of emission monitoring as required under the permit conditions and held by the competent authority;
(b)  the results of emission monitoring as required under the permit conditions and held by the competent authority in a database that allows query-based datasets to be downloaded;
Amendment 150
Proposal for a directive
Article 1 – paragraph 1 – point 17 a (new)
Directive 2010/75/EU
Article 25 – paragraph 1 – introductory part
(17a)   In Article 25, paragraph 1, the introductory part is replaced by the following:
Member States shall ensure that, in accordance with the relevant national legal system, members of the public concerned have access to a review procedure before a court of law or another independent and impartial body established by law to challenge the substantive or procedural legality of decisions, acts or omissions subject to Article 24 when one of the following conditions is met:
"Member States shall ensure that, in accordance with the relevant national legal system, members of the public concerned have access to a review procedure before a court of law or another independent and impartial body established by law to challenge the substantive or procedural legality of decisions, acts or omissions subject to Article 14, Article 17(1) to(3), Article 22 and Article 24 when one of the following conditions is met:"
Amendment 151
Proposal for a directive
Article 1 – paragraph 1 – point 18
Directive 2010/75/EU
Article 25 – paragraph 1 – subparagraph 2
Standing in the review procedure may not be conditional on the role that the concerned member of the public played during a participatory phase of the decision-making procedures under this Directive.
Standing in the review procedure shall not be conditional on the role that the concerned member of the public played during a participatory phase of the decision-making procedures under this Directive.
Amendment 152
Proposal for a directive
Article 1 – paragraph 1 – point 18 a (new)
Directive 2010/75/EU
Article 25 – paragraph 3
(18a)   In Article 25, paragraph 3 is replaced by the following:
3.  What constitutes a sufficient interest and impairment of a right shall be determined by Member States, consistently with the objective of giving the public concerned wide access to justice.
"3. What constitutes a sufficient interest and impairment of a right shall be determined by Member States, consistently with the objective of giving the public concerned wide access to justice.
To this end, the interest of any non-governmental organisation promoting environmental protection and meeting any requirements under national law shall be deemed sufficient for the purpose of paragraph 1(a).
To this end, the interest of any non-governmental organisation promoting environmental protection and meeting any requirements under national law and the interest of any sub-national public authority whose territory or population could be adversely affected by lack of compliance with this Directive shall be deemed sufficient for the purpose of paragraph 1(a).
Such organisations shall also be deemed to have rights capable of being impaired for the purpose of paragraph 1(b).
Such organisations and authorities shall also be deemed to have rights capable of being impaired for the purpose of paragraph 1(b)."
Amendment 153
Proposal for a directive
Article 1 – paragraph 1 – point 19
Directive 2010/75/EU
Article 26 – paragraph 1
1.  Where a Member State is aware that the operation of an installation may have significant negative effects on the environment of another Member State, or where a Member State which may be significantly affected so requests, the Member State in whose territory the application for a permit pursuant to Article 4 or Article 20(2) was submitted shall forward to the other Member State any information required to be given or made available pursuant to Annex IV at the same time as it makes it available to the public. On the basis of that information, consultations shall be carried out between the two Member States, while ensuring that the comments from the Member State that may be significantly affected are provided before the competent authority of the Member State in whose territory the application for a permit was submitted reaches its decision. Should no comments be provided by the Member State which may be significantly affected within the period for consultation of the public concerned, the competent authority shall proceed with the permitting procedure.
1.  Where a Member State is aware that the operation of an installation may have significant negative effects on the environment of another Member State, or where a Member State which may be significantly affected so requests, the Member State in whose territory the application for a permit pursuant to Article 4 or Article 20(2) was submitted, or in whose territory a permit was reconsidered pursuant to Article 21, shall forward to the other Member State any information required to be given or made available pursuant to Annex IV at the same time as it makes it available to the public and after three months at the latest. On the basis of that information, consultations shall be carried out between the two Member States, while ensuring that the comments from the Member State that may be significantly affected are provided before the competent authority of the Member State in whose territory the application for a permit was submitted reaches its decision. Should no comments be provided by the Member State which may be significantly affected within the period for consultation of the public concerned, the competent authority shall proceed with the permitting procedure.
Amendment 154
Proposal for a directive
Article 1 – paragraph 1 – point 19 a (new)
Directive 2010/75/EU
Article 26 – paragraph 4 a (new)
(19a)   In Article 26, the following paragraph is added:
4a.   Member States shall ensure that competent authorities establish appropriate regional transboundary communication channels.
Amendment 155
Proposal for a directive
Article 1 – paragraph 1 – point 20
Directive 2010/75/EU
Chapter IIa – title
PROMOTING INNOVATION
ENABLING AND PROMOTING INNOVATION
Amendment 156
Proposal for a directive
Article 1 – paragraph 1 – point 21
Directive 2010/75/EU
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 in the BAT conclusions, the BAT reference documents or the findings of the innovation centre for industrial transformation and emissions referred to in Article 27a..
Without prescribing the use of any technique or specific technology, Member States shall, where appropriate, encourage the development and application of emerging techniques, in particular where such techniques have been identified in the BAT conclusions, the BAT reference documents or the findings of the innovation centre for industrial transformation and emissions referred to in Article 27a.
Amendment 157
Proposal for a directive
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27a – paragraph 2
2.  The centre shall collect and analyse information on innovative techniques, including emerging techniques relevant to activities within the scope of this Directive, and characterise their level of development and their environmental performance. The Commission shall take into account the findings of the centre when preparing the work programme for the exchange of information referred to in Article 13(3), point (b), and when drawing up, reviewing and updating the BAT reference documents referred to in Article 13(1).
2.  The centre shall collect and analyse information on innovative techniques, including emerging techniques relevant to activities within the scope of this Directive, and characterise their level of development and their environmental performance. The Commission shall take into account the findings of the centre when preparing the work programme for the exchange of information referred to in Article 13(3), point (b), and when drawing up, reviewing and updating, after an assessment by the relevant technical working group in Sevilla, the BAT reference documents referred to in Article 13(1).
Amendment 158
Proposal for a directive
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27a – paragraph 3 – point e a (new)
(ea)   representatives of the farmers concerned;
Amendment 159
Proposal for a directive
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27a – paragraph 3 – point g
(g)  non-governmental organisations promoting environmental protection;
(g)  non-governmental organisations promoting the protection of human health or the environment;
Amendment 160
Proposal for a directive
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27b – paragraph 1
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 techniques for a total period of time not exceeding 24 months.
Without prejudice to Article 18 and Article 2(2), 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 techniques for a total period of time not exceeding 36 months, provided that after the period specified, either the technique is stopped or the activity achieves at least the emission levels associated with the best available techniques.
Amendment 274
Proposal for a directive
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27c – paragraph 1
By way of derogation from Article 21(3), the competent authority may set emission limit values that ensure that, within 6 years of publication of a decision on BAT conclusions in accordance with Article 13(5) relating to the main activity of an installation, emissions shall not, under normal operating conditions, exceed emission levels associated with emerging techniques as laid down in the decisions on BAT conclusions.
By way of derogation from Article 15(3) and (3a) and Article 21(3) the competent authority may, upon a request by the operator, 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 emission levels associated with emerging techniques as laid down in the decisions on BAT conclusions. The Member States or the competent authorities shall notify INCITE on the emerging techniques for which a permit has been granted.
Amendment 258
Proposal for a directive
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27d – 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 14a 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 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.
Member States shall request that by 30 June 2030 the operator includes in its environmental management system referred to in Article 14a an indicative transformation plan for the company’s grouped activities listed in points 1, 2, 3, 4, 6.1 a, and 6.1 b of Annex I. The transformation plan shall contain information on how the company 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. The transformation plan shall include specific information on how the company plans to become more energy, water and resource efficient by laying down the measures that will be implemented to reduce the overall consumption and improve the efficiency of its operations.
Amendment 163
Proposal for a directive
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27d – paragraph 1 – subparagraph 2
Member States shall take the necessary measures to ensure that by 31 December 2031, the audit organisation contracted by the operator as part of its environmental management system assesses the conformity of the transformation plans referred to in the first subparagraph of paragraph 1 with the requirements set out in the implementing act referred to in paragraph 4.
Member States shall take the necessary measures to ensure that the audit organisation contracted by the operator as part of its environmental management system assesses, no later than a year after the deadlines set out in the first subparagraph, the conformity of the transformation plans referred to in the first subparagraph with the requirements set out in the delegated act referred to in paragraph 4, in order to contribute to the emergence of a sustainable, clean, circular and climate-neutral economy by 2050.
Amendment 164
Proposal for a directive
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27d – paragraph 1 – subparagraph 2 a (new)
Where elements of the transformation plans have already been developed elsewhere and are compliant with this provision, a reference may be made in the transformation plan to the relevant documents.
Amendment 165
Proposal for a directive
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27d – paragraph 1 a (new)
1a.  Member States shall take the necessary measures to ensure that the transformation plans mentioned in paragraph 1 are regularly reviewed and, if necessary, revised.
Amendment 166
Proposal for a directive
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27d – paragraph 2 – subparagraph 1
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.
Member States shall require that by 1 January 2030, the operator carrying out any activity listed in Annex I that is not referred to in paragraph 1 includes in its environmental management system referred to in Article 14a a transformation plan as set out in paragraph 1 of this Article. 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.
Amendment 167
Proposal for a directive
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27d – paragraph 2 – subparagraph 2
Member States shall take the necessary measures to ensure that the audit organisation contracted by the operator as part of its environmental management system assesses the conformity of the transformation plans referred to in the first subparagraph of paragraph 2 with the requirements set out in the implementing act referred to in paragraph 4.
Member States shall take the necessary measures to ensure that the audit organisation contracted by the operator as part of its environmental management system assesses the conformity of the indicative transformation plans referred to in the first subparagraph of paragraph 2 with the requirements set out in the delegated act referred to in paragraph 4.
Amendment 260
Proposal for a directive
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27d – paragraph 3
3.  The operator shall make its transformation plan 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.
3.  The company shall make its transformation plan, 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.
Amendment 168
Proposal for a directive
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27d – paragraph 4
4.  The Commission shall by 30 June 2028, adopt an implementing act establishing the format for the transformation plans. This implementing act shall be adopted in accordance with the examination procedure referred to in Article 75(2)..
4.  The Commission shall by 30 June 2026, adopt a delegated act, in accordance with Article 76, to supplement this Directive by establishing the format for the transformation plans and the list of the 200 most polluting installations.
The Commission shall review by 2035 the content and format of the transformation plan, and where necessary add, by means of delegated acts, elements, such as sector-specific milestones, as well as a description of the format for their reporting, where needed, to the transformation plans and, by 2040, the list of the 200 most polluting installations considering after air pollutants also water pollutants.
Amendment 169
Proposal for a directive
Article 1 – paragraph 1 – point 22
Directive 2010/75/EU
Article 27d – paragraph 4 a (new)
4a.   Member States shall, where relevant, require operators of installations to assess the benefits of using digital tools in order to improve the environmental performance of their installations.
Amendment 170
Proposal for a directive
Article 1 – paragraph 1 – point 22 a (new)
Directive 2010/75/EU
Article 30 – paragraph 5
(22a)  In Article 30, paragraph 5 is replaced by the following:
5.   The competent authority may grant a derogation for a maximum of 6 months from the obligation to comply with the emission limit values provided for in paragraphs 2 and 3 for sulphur dioxide in respect of a combustion plant which to this end normally uses low-sulphur fuel, in cases where the operator is unable to comply with those limit values because of an interruption in the supply of low-sulphur fuel resulting from a serious shortage.
"5. The competent authority may grant a derogation for a maximum of 6 months from the obligation to comply with the emission limit values provided for in paragraphs 2 and 3 for sulphur dioxide in respect of a combustion plant which to this end normally uses low-sulphur fuel, in cases where the operator is unable to comply with those limit values because of an interruption in the supply of low-sulphur fuel resulting from a serious shortage.
Member States shall immediately inform the Commission of any derogation granted under the first subparagraph.
Member States shall immediately inform the Commission of any derogation granted under the first subparagraph and provide the Commission with the proof of the shortage and a detailed justification of why the derogation is needed."
Amendment 171
Proposal for a directive
Article 1 – paragraph 1 – point 22 b (new)
Directive 2010/75/EU
Article 30 – paragraph 6 – subparagraph 3
(22b)  In Article 30(6), the third subparagraph is replaced by the following:
Member States shall inform the Commission immediately of any derogation granted under the first subparagraph.
"Member States shall inform the Commission immediately of any derogation granted under the first subparagraph and provide to the Commission proof of the interruption in the supply and a detailed justification of why the derogation is needed."
Amendment 172
Proposal for a directive
Article 1 – paragraph 1 – point 22 c (new)
Directive 2010/75/EU
Article 30 – paragraph 9 – subparagraph 1 – point c
(22c)  In Article 30(9), subparagraph 1, point c is replaced by the following:
(c)  combustion plants firing gases other than natural gas;
"(c) combustion plants firing gases other than fossil or biogenic gas;"
Amendment 294
Proposal for a directive
Article 1 – paragraph 1 – point 22 d (new)
Directive 2010/75/EU
Article 34a
(22d)   The following Article 34a is inserted:
"1. Member states may, until 31 December 2029, exempt combustion plants being part of a small isolated system on [date of entry into force] from compliance with the emission limit values referred to in Article 30(2) and in Article 15(3) for sulphur dioxide, nitrogen oxides and dust or, where applicable, with the rates of desulphurisation referred to in Article 31. The emission limit values for sulphur dioxide, nitrogen oxides and dust set out in the permit of these combustion plants, pursuant in particular to the requirements of Directives 2001/80/EC and 2008/1/EC, shall at least be maintained.
The Members States shall take measures to ensure that the emissions are monitored and that no significant pollution is caused. Member States may only exempt installations from the emission limit values when all possible less polluting measures have been exhausted. The exemption shall not be made for a longer period than necessary.
2.  As from 1 January 2030, the concerned combustion plants shall comply with the emission limit values for sulphur dioxide, nitrogen oxides and dust referred to in Article 15(3).
3.  The Member States that have provided exemptions in accordance with paragraph 1 shall implement a Compliance Plan covering the combustion plants that benefit from an exemption in accordance with paragraph 1. The Compliance Plan shall contain the measures taken by the Member State to ensure compliance with the emission limit values in Article 15(3) for sulphur dioxide, nitrogen oxides and dust by 31 December 2029. The plan shall also include measures to minimise the magnitude and duration of the pollutant emissions during the period covered by the plan and information on demand management measures and possibilities for switching to cleaner alternatives such as the deployment of renewables and interconnection with the mainland grids.
4.  Not later than [date of entry into force + 6 months], Member States shall communicate their Compliance Plan to the Commission. The Commission shall evaluate the plans and, where the Commission has raised no objections within 12 months of receipt of a plan, the Member State concerned shall consider its plan to be accepted. In case the Commission raises objections on the ground that the plan does not guarantee the compliance of the concerned plants by 31 December 2029 or does not minimise the magnitude and duration of the pollutant emissions during the period covered by the plan, the Member State shall communicate a revised plan within 6 months of the notification of the objections by the Commission to the Member State. In relation to the evaluation of a new version of a plan which a Member State communicates to the Commission, the time period referred to in the second subparagraph shall be 6 months.
5.  Member States shall report to the Commission the progress of the actions described in the plan not later than [date of entry into force + 18 months], and at the end of each subsequent calendar year. Member States shall inform the Commission of any subsequent changes to the plan. In relation to the evaluation of a new version of a plan which a Member State communicates to the Commission, the time period referred to in the second subparagraph of point 5 shall be 6 months.
6.  The Member state shall make the derogation and the conditions imposed publicly available in accordance with Article 24(2).";
Amendment 173
Proposal for a directive
Article 1 – paragraph 1 – point 23
Directive 2010/75/EU
Article 42 – paragraph 1 – subparagraph 2 – point a
(a)  the incineration does not cause emissions higher than the combustion of the least polluting fuels available on the market that could be combusted in the installation;
(a)  the incineration causes emissions lower than the combustion of the least polluting fuels available on the market that could be combusted in the installation;
Amendment 174
Proposal for a directive
Article 1 – paragraph 1 – point 23 a (new)
Directive 2010/75/EU
Article 42 – paragraph 2 a (new)
(23a)  In Article 42, the following paragraph is added:
2a.  Plants referred to in paragraph 2, point (b), shall report to the competent authorities data on total waste incinerated, including quantities and characteristics of hazardous waste referred to in Article 45(2), point (b), emissions into air and water, pH, temperature and flow of waste water discharges.
Amendment 175
Proposal for a directive
Article 1 – paragraph 1 – point 23 b (new)
Directive 2010/75/EU
Article 50 – paragraph 2 a (new)
(23b)  In Article 50, paragraph 2a (new) is inserted:
2a.  Emissions to air from waste incineration and co-incineration plants shall also be monitored during other than normal operating conditions (OTNOC), particularly emissions of PCDD/F and dioxin-like PCBs during start-up and shut-down operations. The incineration and co-incineration plants shall prevent emissions of PCDD/F and dioxin like-PCBs during all operating times, including OTNOC, inter alia by ensuring that the flue gas cleaning system is in full operation prior to waste feed.
Amendment 176
Proposal for a directive
Article 1 – paragraph 1 – point 23 c (new)
Directive 2010/75/EU
Article 55 – paragraph 2
(23c)  In Article 55, paragraph 2 is replaced by the following:
2.  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. That information shall be made available to the public.
2.  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.
Amendment 177
Proposal for a directive
Article 1 – paragraph 1 – point 23 d (new)
Directive 2010/75/EU
Article 58 – paragraph 1
(23d)  In Article 58, paragraph 1 is replaced by the following:
Substances or mixtures which, because of their content of volatile organic compounds classified as carcinogens, mutagens, or toxic to reproduction under Regulation (EC) No 1272/2008, are assigned or need to carry the hazard statements H340, H350, H350i, H360D or H360F, shall be replaced, as far as possible by less harmful substances or mixtures within the shortest possible time.
Substances or mixtures which, because of their content of volatile organic compounds carcinogens, mutagens, or toxic to reproduction under Regulation (EC) No 1272/2008, are assigned or need to carry the hazard statements H340, H350, H350i, H360D or H360F, or which are classified as persistent, bio accumulative and toxic or endocrine disrupting under Regulation (EC) No 1272/2008 shall be replaced, as far as possible by less harmful substances or mixtures within the shortest possible time.
Amendment 178
Proposal for a directive
Article 1 – paragraph 1 – point 23 e (new)
Directive 2010/75/EU
Article 63 – paragraph 2
(23e)  In Article 63, paragraph 2 is replaced by the following:
2.  Where an existing installation undergoes a substantial change, or falls within the scope of this Directive for the first time following a substantial change, that part of the installation which undergoes the substantial change shall be treated either as a new installation or as an existing installation, provided that the total emissions of the whole installation do not exceed those that would have resulted had the substantially changed part been treated as a new installation.
"2. Where an existing installation undergoes a substantial change, or falls within the scope of this Directive for the first time following a substantial change, that part of the installation which undergoes the substantial change shall be treated as a new installation."
Amendment 179
Proposal for a directive
Article 1 – paragraph 1 – point 23 f (new)
Directive 2010/75/EU
Article 64 – paragraph 2 – point d a) (new)
(23f)  In Article 64, paragraph 2, the following point is added:
(da)  the barriers to recycling and reuse of organic solvents and ways to remove these barriers.
Amendment 180
Proposal for a directive
Article 1 – paragraph 1 – point 23 g (new)
Directive 2010/75/EU
Article 70 – paragraph 3
(23g)  In Article 70, the third paragraph is replaced by the following:
3.  Monitoring shall be carried out in accordance with CEN standards or, if CEN standards are not available, ISO, national or other international standards which ensure the provision of data of an equivalent scientific quality.
"3. Monitoring shall be carried out in accordance with CEN standards or, if CEN standards are not available, ISO, national or other international standards which ensure the provision of data of an equivalent scientific quality. This applies also to the quality assurance system of the laboratory performing the monitoring. "
Amendment 253
Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70a – paragraph 1
This Chapter shall apply to the activities set out in Annex Ia which reach the capacity thresholds set out in that Annex.
This Chapter shall apply to any of the following activities of rearing pigs and poultry reaching the lower threshold:
(a)  farm or agricultural installation:
(i)  with more than 40 000 places for poultry,
(ii)  with more than 2 000 places for production pigs (over 30 kg), or
(iii)  with more than 750 places for sows.
or
(b)  farm or agricultural installation of 750 livestock unit (LSU) or more. The approximate equivalent in LSU shall be based on the coefficients established in Annex -Ia to this Directive.
Amendment 181
Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70a – paragraph 1 a (new)
By [the first day of the month following 24 months after the date of entry into force of the delegated act as referred to in paragraph 3] products originating from rearing activities covered by chapter VIa may be placed in the EU market provided that the installation where the rearing activity takes place complies with uniform conditions of the operating rules referred to in this Article, or if the importers provide guarantees of origin from third countries deemed to be comparable in effectiveness. The competent authorities of the Member State where the imports take place shall verify the compliance of the imported products. The Commission shall by [the first day of the month following 24 months after the date of entry into force of this Directive] put forward a delegated act to establish a WTO-consistent methodology laying down the procedure for placing products on the Union market and the verification procedure for competent authority, to ensure a level playing field.
Amendment 182
Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70b – paragraph 1
If two or more installations are located close to each other and if their operator is the same or if the installations are under the control of operators who are engaged in an economic or legal relationship, the installations concerned shall be considered as a single unit for the purpose of calculating the capacity threshold referred to in Article 70a.
Member States shall adopt measures to ensure that if two or more installations, engaged in rearing activities, are located close to each other and if their operator is the same or if the installations are under the control of operators who are engaged in an economic or legal relationship, the installations concerned shall be considered as a single unit for the purpose of calculating the capacity threshold referred to in Article 70a. Member States shall ensure that this rule is not used to circumvent the obligations set out in this directive. By ... [the first day of 24 months following the date of entry into force of this Directive], the Commission shall publish guidelines, after consulting the Member States, on the criteria to consider different installations as a single unit under paragraph 1.
Amendment 183
Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70c – title
Permits
Permits and registrations
Amendment 184
Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70c – paragraph 1
Member States shall take the necessary measures to ensure that no installation falling within the scope of this Chapter is operated without a permit and that its operation complies with the operating rules referred to in Article 70i.
Member States shall take the necessary measures to ensure that no installation falling within the scope of this Chapter is operated without a permit or without being registered and that the operation of all installations as referred to in Annex Ia complies with the operating rules in uniform conditions referred to in Article 70i.
Member States shall use any similar pre-existing procedure for the registration in order to avoid creating an administrative burden. In any case, Member States shall apply a permitting procedure to the intensive rearing of poultry and pigs:
(a)  with more than 40 000 places for poultry,
(b)   with more than 2 000 places for production pigs (over 30 kg), or
(c)   with more than 750 places for sows.
Amendment 185
Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70c – paragraph 2 – introductory part
2.  Applications for permits shall include at least a description of the following elements:
2.  Registrations or applications for permits shall include at least a description of the following elements:
Amendment 186
Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70c – paragraph 2 – point b
(b)  the animal type
(b)  the animal type and livestock density;
Amendment 187
Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70c – paragraph 2 – point e
(e)  the nature and quantities of foreseeable emissions from the installation into each medium.
(e)  the nature and quantities of foreseeable emissions from the installation into each medium under normal operating conditions;
Amendment 188
Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70c – paragraph 2 – point ea (new)
(ea)   the approximate number of days animals spent outside the stable.
Amendment 189
Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70c – paragraph 4
4.  Member States shall take necessary measures to ensure that the operator informs the competent authority, without delay, of any planned substantial change to the installations falling within the scope of this Chapter which may have consequences for the environment. Where appropriate, the competent authority shall reconsider and update the permit.
4.  Member States shall take necessary measures to ensure that the operator informs the competent authority, without delay, of any planned substantial change to the installations falling within the scope of this Chapter which may have consequences for the environment. Where appropriate, the competent authority shall reconsider and update the permit or request the operator to apply for a permit or make a new registration.
Amendment 190
Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70c – paragraph 4 a (new)
4a.   The Commission shall, within two years of the full implementation of the operating rules, submit a report to the European Parliament assessing the impact of the system on the economic viability of agricultural installations falling within the scope of this directive, the costs attributed to the permitting and registration systems and the emissions reductions achieved by the measures implemented, taking into account all costs and benefits related to complying with the conditions set out, so as to adapt certain implementing provisions from the directive accordingly.
Amendment 191
Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70 d – paragraph 1 – subparagraph 1
Member States shall ensure that the operator carries out monitoring of emissions and of associated environmental performance levels in accordance with the operating rules referred to in Article 70i.
Member States shall ensure that the operator carries out the monitoring of emissions and of associated environmental performance levels under uniform conditions in accordance with the operating rules laid down in the delegated act referred to in Article 70i.
Amendment 192
Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70d – paragraph 1 – subparagraph 2
The operator shall keep a record of, and process, all monitoring results, for a period of at least 6 years, in such a way as to enable the verification of compliance with the emission limit values and environmental performance limit values set out in operating rules referred to in Article 70i.
Monitoring data shall be obtained by means of measurement methods or, where not practicable, by calculation methods such as the use of emission factors. Both measurement methods and calcuation methods if applicable, shall be described in the operating rules.
The operator shall keep a record of, and process, all monitoring results, for a period of at least 6 years, in such a way as to enable the verification of compliance with the emission limit values and environmental performance limit values set out in operating rules.
By [OP please insert the date = the first day of 24 months following the date of entry into force of this Directive], the Commission shall publish guidelines, on the criteria for measurement and calculation methods, taking into account the specificities and heterogeneity of rearing practices across the Union.
Amendment 193
Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70d – paragraph 2
2.  In the event of non-compliance with the emission limit values and environmental performance limit values set out in the operating rules referred to in Article 70i, Member States shall require that the operator takes the measures necessary to ensure that compliance is restored within the shortest possible time.
2.  In the event of non-compliance with the emission limit values and environmental performance limit values under uniform conditions set out in the operating rules laid down in the delegated act referred to in Article 70i, Member States shall require that the operator takes the measures necessary to ensure that compliance is restored within the shortest possible time.
Amendment 194
Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70d – paragraph 3
3.  The operator shall ensure that any land spreading of waste, animal by-products or other residues generated by the installation is undertaken in accordance with the best available techniques, as specified in the operating rules referred to in Article 70i, and other relevant Union legislation and that it does not cause significant pollution of the environment.
3.  The operator shall ensure that any manure management, including land spreading of waste, animal by-products or other residues generated by the installation is undertaken in accordance with the best available techniques, as specified in the operating rules, and other relevant Union legislation and that it does not cause significant pollution of the environment.
Amendment 195
Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70e – paragraph 1
1.  Member States shall ensure that suitable monitoring is carried out in accordance with the operating rules referred to in Article 70i.
1.  Member States shall ensure that suitable monitoring under uniform conditions is carried out in accordance with the operating rules laid down in the delegated act referred to in Article 70i.
Amendment 196
Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70e – paragraph 3
3.  The operator shall, without delay, make available the data and information listed in paragraph 2 of this Article to the competent authority upon request. The competent authority may make such a request in order to verify compliance with the operating rules referred to in article 70i. The competent authority shall make such a request if a member of the public requests access to the data or information listed in paragraph 2 of this Article.
3.  The operator shall, without delay, make available the data and information listed in paragraph 2 of this Article to the competent authority upon request. The competent authority may make such a request in order to verify compliance with the operating rules. The competent authority shall make such a request if a member of the public requests access to the data or information listed in paragraph 2 of this Article.
Amendment 197
Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70f – paragraph 1
1.  Member States shall ensure that the values for emissions and environmental performance levels monitored in accordance with the operating rules referred to in Article 70i do not exceed the emission limit values and environmental performance limit values set out therein.
1.  Member States shall ensure that the values for emissions and environmental performance levels monitored in accordance with the operating rules in uniform conditions laid down in the delegated act referred to in Article 70i do not exceed the emission limit values and environmental performance limit values set out therein.
Amendment 198
Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70g – paragraph 1 – point c a (new)
(ca)   in the procedure for registration, in the event that general binding rules are not adopted, and the Member States allow the installation to only be registered.
Amendment 199
Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70g – paragraph 2 – point a
(a)  the permit;
(a)  the permit or the registration;
Amendment 200
Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70h – paragraph 1 – subparagraph 2
Standing in the review procedure may not be conditional on the role that the concerned member of the public played during a participatory phase of the decision-making procedures under this Directive.
Standing in the review procedure shall not be conditional on the role that the concerned member of the public played during a participatory phase of the decision-making procedures under this Directive.
Amendment 201
Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70i – paragraph 1 – subparagraph 1
The Commission shall establish operating rules containing requirements consistent with the use of best available techniques for the activities listed in Annex Ia, which shall include the following:
deleted
(a)   emission limit values;
(b)   monitoring requirements;
(c)   land spreading practices;
(d)   pollution prevention and mitigation practices;
(e)   environmental performance limit values;
(f)   other measures consistent with Annex III.
Amendment 202
Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70i – paragraph 1 a (new)
1a.   The Commission shall organise an exchange of information between Member States, the sectors concerned, non-governmental organisations promoting environmental protection and the Commission before establishing operating rules on uniform conditions in accordance with paragraph 2.
The exchange of information shall, in particular, address the following:
(a)   the emission and environmental performance levels of installations and techniques in terms of emissions, consumption and the nature of raw materials, water consumption, use of energy and generation of waste, and other measures consistent with Annex III;
(b)   the techniques used, associated monitoring, cross-media effects, economic and technical viability and developments in that regard;
(c)   best available techniques identified after considering the issues mentioned in points (a) and (b).
Amendment 203
Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70i – paragraph 2
2.  The Commission shall by [OP please insert date = the first day of the month following 24 months after the date of entry into force of this Directive] adopt a delegated act in accordance with Article 76 to supplement this Directive by establishing the operating rules referred to in paragraph 1.’.
2.  The Commission shall by [OP please insert date = the first day of the month following 24 months after the date of entry into force of this Directive] adopt a delegated act in accordance with Article 76 to establish operating rules on uniform conditions for each of the activities referred to in Annex Ia that result from the exchange of information as referred to in this Article.
Such operating rules in uniform conditions shall be consistent with the use of best available techniques for the activities listed in Annex Ia and shall take into account the nature, type, size and density of these installations, size of herds of single animal types in mixed farms, and the specificities of pasture-based rearing systems, where animals are only seasonally reared in indoor installations.
The operating rules shall incorporate the existence of emerging techniques in animal husbandry and specify the conditions under which the competent authority may grant a permit to an agricultural installation using such techniques.
Amendment 204
Proposal for a directive
Article 1 – paragraph 1 – point 25
Directive 2010/75/EU
Article 70i – paragraph 3
3.  Member States shall ensure that all the permit conditions for the installations concerned are in compliance with the operating rules referred to in paragraph 1 within 42 months of the entry into force of the delegated act establishing those rules..
3.  Member States shall ensure that all the permit conditions for the installations concerned and the installations being registered are in compliance with the operating rules referred to in paragraph 1 within 42 months of the entry into force of the delegated act establishing those rules.
Amendment 205
Proposal for a directive
Article 1 – paragraph 1 – point 25 a (new)
Directive 2010/75/EU
Article 72 – paragraph 5 (new)
(25a)   In Article 72, the following paragraph is added:
5.   Member States shall provide, each year, to the Commission by electronic means the following elements, which shall be published in an easily accessible und user-friendly format on the Portal:
(a)   the permit summary in accordance with the implementing act referred to in Article 5(4) of this Directive;
(b)   the direct link to the EMS pursuant Article 14a of this Directive;
(c)   the direct link to the permit pursuant Article 5(4) of this Directive and where applicable to the Annex to the permit for the application of the second subparagraph of Article 15 of this Directive;
(d)   the direct link to the transformation plans pursuant Article 27d of this Directive;
(e)   available scientific data as referred to in Article 79a.
(f)   list of non-compliant installations pursuant to Article 79 of this Directive following the final decision on the non-compliance by the competent judicial or administrative authority of the Member State concerned in accordance with national law;
(g)   the direct link to the website of public notices for each installation of the competent authorities .
The Commission shall incorporate the information reported by Member States into the Portal within two months from receipt of the information referred to in the first subparagraph.
The Commission shall incorporate the following information into the Portal within two months of publication:
(a)  the BAT Conclusion as referred to in Article 13(6) of this Directive.
Amendment 206
Proposal for a directive
Article 1 – paragraph 1 – point 26
Directive 2010/75/EU
Article 73 – paragraph 1 – subparagraph 1
By 30 June 2028 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/EC.
By 30 June 2028 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, emerging techniques, the need for further pollution prevention measures while taking into consideration the need for a just and inclusive industrial transition and the review referred to in Article 8 of Directive 2003/87/EC.
Amendment 207
Proposal for a directive
Article 1 – paragraph 1 – point 26
Directive 2010/75/EU
Article 73 – paragraph 1 – subparagraph 2 – introductory part
That report shall include an assessment of the need for Union action through the establishment or updating of Union-wide minimum requirements for emission limit values and for rules on monitoring and compliance for activities within the scope of the BAT conclusions adopted during the previous five-year period, on the basis of the following criteria:
That report shall include an assessment of the need for Union action through the establishment or updating of Union-wide minimum requirements for emission limit values, including activities for which no BAT conclusions have been adopted pursuant to Article 13(7) of this Directive and for rules on monitoring and compliance for activities within the scope of the BAT conclusions adopted during the previous five-year period, on the basis of the following criteria:
Amendment 208
Proposal for a directive
Article 1 – paragraph 1 – point 26
Directive 2010/75/EU
Article 73 – paragraph 1 – subparagraph 2 – point b a (new)
(ba)   the level playing field with regard to environmental performance requirements of the industry within the Union and in third countries.
Amendment 209
Proposal for a directive
Article 1 – paragraph 1 – point 27
Directive 2010/75/EU
Article 74 – paragraph 2
2.   In order to allow the provisions of this Directive to meet its objectives to prevent or reduce pollutants emissions and achieve a high level of protection of human health and the environment, the Commission shall be empowered to adopt a delegated act, in accordance with Article 76, to amend Annex I or Annex Ia by including in those Annexes an agro-industrial activity that meets the following criteria:
deleted
(a)   it has or is expected to have an impact on human health or the environment, in particular as a consequence of pollutant emissions and use of resources;
(b)   its environmental performance diverges within the Union;
(c)   it presents potential for improvement in terms of its environmental impact through the application of best available techniques or innovative techniques;
(d)   its inclusion within the scope of this Directive is assessed, on the basis of its environmental, economic and social impacts, to have a favourable ratio of societal benefits to economic costs.
Amendment 210
Proposal for a directive
Article 1 – paragraph 1 – point 27
Directive 2010/75/EU
Article 74 – paragraph 2 a (new)
2a.   By [OP please insert date the first day of the month following 24 months after the date of entry into force of this Directive] the Commission shall, based on an impact assessment, adopt a delegated act in accordance with Article 76 in order to amend point 3.6. of Annex I by adding an exhaustive list of extraction and treatment processes for the non-energy industrial minerals barite, bentonite, diatomite, feldspar, fluorspar, graphite, kaolin, magnesite, perlite, potash, salt, sulphur and talc, where the extraction and treatment processes for such minerals have a significant environmental impact regarding emissions and/or consumption of water and energy with the relevant thresholds.
Amendment 211
Proposal for a directive
Article 1 – paragraph 1 – point 27
Directive 2010/75/EU
Article 74 – paragraph 2 b (new)
2b.   After [OP please insert date the first day of the month following 24 months after the date of entry into force of this Directive] and based on an impact assessment, the Commission may adopt a delegated act in accordance with Article 76 in order to amend point 3.6. of Annex I by adding non-energy minerals newly discovered in the Union, if their extraction and treatment have a significant environmental impact regarding emissions and/or consumption of water and energy.
Amendment 212
Proposal for a directive
Article 1 – paragraph 1 – point 29
Directive 2010/75/EU
Article 76 – paragraph 2 a (new)
2a.   The Commission shall, based on the report of the European Environmental Agency ETC/ATNI 2020/4, by 30 June 2026 adopt a delegated act in accordance with Article 76 in order to establish a list of the 200 most polluting installations, based on marginal damage costs for the air pollutants (PM2.5, PM10, SO2, NH3, NOX, NMVOCs, As, Cd, CrVI, Pb, Hg, Ni, 1,3 butadiene, benzene, formaldehyde, benzo(a)pyrene, dioxins and furans) and greenhouse gases (CO2, CH4 and N2O) in line with the report . When establishing the list, the Commission may consider pollution by respective pollutants in the water environment, where applicable.
Amendment 213
Proposal for a directive
Article 1 – paragraph 1 – point 31
Directive 2010/75/EU
Article 79 – paragraph 2
2.  The penalties referred to in paragraph 1 shall include fines proportionate to the turnover of the legal person or to the income of the natural person having committed the infringement. 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.
2.  The penalties referred to in paragraph 1 shall include fines proportionate to the turnover of the legal person, or to the income of the natural person having committed the infringement. 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 4 % of the operator’s annual turnover in the financial year preceding the year in which the fine is imposed in the Union.
Amendment 214
Proposal for a directive
Article 1 – paragraph 1 – point 31
Directive 2010/75/EU
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..
(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 reversibility of any damage caused as a result of the violation and the length of time necessary for such damage to be reversed.
Amendment 215
Proposal for a directive
Article 1 – paragraph 1 – point 31
Directive 2010/75/EU
Article 79 – paragraph 3 – point c a (new)
(ca)   relevant previous violations by the operator or by the installation.
Amendment 216
Proposal for a directive
Article 1 – paragraph 1 – point 31
Directive 2010/75/EU
Article 79 – paragraph 3 a (new)
3a.   Member States shall ensure that revenue from penalties is used, as a matter of priority, to compensate for harm caused to local communities, including for the social consequences of ending economic activities, due to permit violations. Without prejudice to Article 79a, revenues raised from penalties shall not be used for the purpose of Article 79a.
Amendment 217
Proposal for a directive
Article 1 – paragraph 1 – point 31
Directive 2010/75/EU
Article 79 – paragraph 3 b (new)
3b.   The Commission shall monitor the implementation by Member States of the penalties referred to in this paragraph and, in the event of obvious disparities between the penalty regimes of the Member States, shall, where appropriate, adopt guidelines. 
Amendment 218
Proposal for a directive
Article 1 – paragraph 1 – point 32
Directive 2010/75/EU
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 to this Directive, the individuals affected have the right to claim and obtain compensation for that damage from the relevant natural or legal persons and, where appropriate, from the relevant competent authorities responsible for the violation.
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 to 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, including, where appropriate, from the relevant competent authorities where the decision, act or omission of the authority caused or contributed to the damage.
Amendment 282
Proposal for a directive
Article 1 – paragraph 1 – point 32
Directive 2010/75/EU
Article 79a – paragraph 4
4.  Where there is a claim for compensation in accordance with paragraph 1, supported by evidence from which a causality link may be presumed between the damage and the violation, Member States shall ensure that the onus is on the person responsible for the violation to prove that the violation did not cause or contribute to the damage.
4.  Where there is a claim for compensation in accordance with paragraph 1, supported by clear and consistent scientific data that demonstrate a causality link between the damage and the violation, Member States shall ensure that such data are recognised both in substantive and procedural law as evidence and are given due weight by national courts, along with all other relevant evidence under national law and without prejudice to the rights of defence.
Amendment 220
Proposal for a directive
Article 1 – paragraph 1 – point 32
Directive 2010/75/EU
Article 79a – paragraph 4 a (new)
4a.   Member States shall ensure that, where the claimant has provided reasonably available evidence to support a claim for compensation in accordance with paragraph 1, and has reasonably substantiated that additional evidence lies in the control of the defendant or a third party, if requested by the claimant, the court or administrative authority is able to order that such evidence be disclosed by the defendant or the third party in accordance with national procedural law, subject to the applicable Union and national rules on confidentiality and proportionality.
Amendment 283
Proposal for a directive
Article 1 – paragraph 1 – point 32
Directive 2010/75/EU
Article 79a – paragraph 5 a (new)
5a.   For the purpose of this Article, “clear and consistent scientific data” means statistical, epidemiological and other scientific data relevant to the respective national court’s assessment of whether a statistically robust causal link exists between specific types of pollution and specific health conditions. Member States shall create a centralised system for receiving, gathering and publishing clear and consistent scientific data on the causality links, taking into account both domestic and international research, impact factor considerations, peer-reviewed publications, university and research institutions rankings, degree of acceptance by the scientific community, satisfactory level of replication of results on causality links and its admissibility in legal procedures under this Directive.
Amendment 222
Proposal for a directive
Article 1 – paragraph 1 – point 32
Directive 2010/75/EU
Article 79a – paragraph 5 b (new)
5b.   Member States shall submit relevant scientific data on the causality links between certain types of pollution and certain health conditions to the European Environmental Agency. The Agency shall incorporate the data after initial scrutiny of the scientific reliability of the sources into the Industrial Emission Portal established under Regulation (EU) ..../... (COM(2022)0157 – C9-0145/2022 – 2022/0105(COD)).
Amendment 254
Proposal for a directive
Article 1 – paragraph 1 – point 33 a (new)
Directive 2010/75/EU
Annex -Ia (new)
(33a)  Annex -Ia set out in Annex Ia to this Directive is inserted.
Amendment 223
Proposal for a directive
Annex I – paragraph 1 – point -a (new)
Directive 2010/75/EU
Annex I – point 1.2 a (new)
(-a)  In Annex I, paragraph 3, point 1.2 a is inserted:
1.2a  Onshore oil and fossil gas upstream exploration and production, fossil gas gathering and processing
Amendment 224
Proposal for a directive
Annex I – paragraph 1 – point -a a (new)
Directive 2010/75/EU
Annex I point 1.2 b (new)
(-a a)  In Annex I, paragraph 3, point 1.2 b is inserted:
1.2b  Offshore oil and fossil gas upstream exploration and production
Amendment 306
Proposal for a directive
Annex I – paragraph 1 – point b
Directive 2010/75/EU
Annex I – point 2.3 – point aa
(aa)   operation of cold-rolling mills with a capacity exceeding 10 tonnes of crude steel per hour;
deleted
Amendment 307
Proposal for a directive
Annex I – paragraph 1 – point b
Directive 2010/75/EU
Annex I – point 2.3 – point ab
(ab)   operation of wire drawing machines with a capacity exceeding 2 tonnes of crude steel per hour;
deleted
Amendment 225
Proposal for a directive
Annex I – paragraph 1 – point b
Directive 2010/75/EU
Annex I – point 2.3 – point b
(b)  operation of smitheries with hammers the energy of which exceeds 20 kilojoule per hammer;
(b)  operation of smitheries with hammers the energy of which exceeds 50 kilojoule per hammer;
Amendment 226
Proposal for a directive
Annex I – paragraph 1 – point b
Directive 2010/75/EU
Annex I – point 2.3 – point b a
(ba)  operation of smitheries with forging presses the force of which exceeds 10 mega-newton (MN) per press;’.
deleted
Amendment 227
Proposal for a directive
Annex I – paragraph 1 – point c
Directive 2010/75/EU
Annex I – point 2.7
2.7.  Manufacture of lithium-ion batteries (including assembling battery cells and battery packs), with a production capacity of 3,5 GWh or more per year.;
2.7.  Manufacture of lithium-ion batteries, other than exclusively assembling cells into packs and modules, with a production capacity of 17, 500 tons of battery cells (cathode, anode, electrolyte, separator and capsule) or more per year.
Amendment 228
Proposal for a directive
Annex I – paragraph 1 – point d
Directive 2010/75/EU
Annex I – point 3.5 – point a
(a)  a production capacity exceeding 75 tonnes per day; or
(a)  a production capacity exceeding 75 tonnes per day, and/or
Amendment 229
Proposal for a directive
Annex I – paragraph 1 – point e
Directive 2010/75/EU
Annex I – point 3.6 – introductory part
3.6.  Extraction and treatment (operations such as comminution, size control, beneficiation and upgrading) of the following non-energy minerals:
3.6.  Extraction and treatment (operations such as comminution, size control, beneficiation and upgrading) of the following non-energy metalliferous minerals: bauxite, chromium, cobalt, copper, gold, silver, iron, lead, lithium, manganese, nickel, palladium, platinum, tin, tungsten and zinc.
Amendment 230
Proposal for a directive
Annex I – paragraph 1 – point e
Directive 2010/75/EU
Annex I – point 3.6 – point a
(a)   industrial minerals, including barite, bentonite, diatomite, feldspar, fluorspar, graphite, gypsum, kaolin, magnesite, perlite, potash, salt, sulphur and talc;
deleted
Amendment 231
Proposal for a directive
Annex I – paragraph 1 – point e
Directive 2010/75/EU
Annex I – point 3.6 – point b
(b)   metalliferous ores, including bauxite, chromium, cobalt, copper, gold, iron, lead, lithium, manganese, nickel, palladium, platinum, tin, tungsten and zinc.’;
deleted
Amendment 232
Proposal for a directive
Annex I – paragraph 1 – point e a (new)
Directive 2010/75/EU
Annex I – point 4.2 – point a
(e a)   In Annex I, point 4.2, point (a) is replaced by the following:
(a)  gases, such as ammonia, chlorine or hydrogen chloride, fluorine or hydrogen fluoride, carbon oxides, sulphur compounds, nitrogen oxides, hydrogen, sulphur dioxide, carbonyl chloride
"(a) gases, such as ammonia, chlorine or hydrogen chloride, fluorine or hydrogen fluoride, carbon oxides, sulphur compounds, nitrogen oxides, hydrogen, except electrolysis of water for production of hydrogen where the hydrogen production capacity is below 50MW electricity input, sulphur dioxide, carbonyl chloride."
Amendment 233
Proposal for a directive
Annex I – paragraph 1 – point e b (new)
Directive 2010/75/EU
Annex I – point 5.2 – introductory part
(e b)  In Annex I, paragraph 3, subparagraph 3, point 5.2, the introductory part is replaced by the following:
Disposal or recovery of waste in waste incineration plants or in waste co-incineration plants:
"Disposal or recovery of waste in waste incineration plants or in waste co-incineration plants except if the waste is exclusively composed of biomass as defined in Article 3(31)(b) of this Directive:
Amendment 234
Proposal for a directive
Annex I – paragraph 1 – point g
Directive 2010/75/EU
Annex I – point 5.3 – point a – point i
(i)  biological treatment (such as anaerobic digestion);
(i)  biological treatment (such as anaerobic digestion or co-digestion);
Amendment 255
Proposal for a directive
Annex I a (new)
Directive 2010/75/EU
Annex -I a (new)

Text proposed by the Commission

Amendment

Conversion rates of animals to livestock units (‘LSU’) referred to in the LSU definition

Pigs

Breeding sows > 50kg

0,5 LSU

 

Other pigs > 30kg

0,3 LSU

Poultry

Broilers

0,007 LSU

 

Laying hens

0,014 LSU

 

Ostriches

0,35 LSU

 

Turkeys

0,03 LSU

 

Ducks

0,01 LSU

 

Geese

0,02 LSU

 

Other poultry fowls n.e.c.

0,001 LSU

Amendment 256
Proposal for a directive
Annex II
Directive 2010/75/EU
Annex I a
ANNEX Ia
deleted
1.   Rearing of cattle, pigs or poultry in installations of 150 livestock units (LSU) or more.
2.   Rearing of any mix of the following animals: cattle, pigs, poultry, in installations of 150 LSU or more.
The approximate equivalent in LSU is based on the conversion rates established in Annex II to Commission Implementing Regulation (EU) No 808/2014*.
* Commission Implementing Regulation (EU) No 808/2014 of 17 July 2014 laying down rules for the application of Regulation (EU) No 1305/2013 of the European Parliament and of the Council on support for rural development by the European Agricultural Fund for Rural Development (OJ L 227, 31.07.2014, p.18).
Amendment 237
Proposal for a directive
Annex III
Directive 2010/75/EU
Annex II – point 1.5
1.5.  Costs evaluated by the operator shall be assessed by the competent authority, based on information from other sources such as technology providers, expert judgements or data from other plants where best available techniques were recently installed.
1.5.  Costs evaluated by the operator shall be assessed by the competent authority, based on information from other sources such as technology providers, peer-reviewed research, expert judgements or data from other plants where best available techniques were recently installed.
Amendment 238
Proposal for a directive
Annex III a (new)
Directive 2010/75/EU
Annex III – point 2
in Annex III, point 2 is replaced by the following:
2.  the use of less hazardous substances;
"2. the use of less hazardous substances, and other substances of very high concern;"
Amendment 239
Proposal for a directive
Annex III b (new)
Directive 2010/75/EU
Annex III – point 5
In Annex III, point 5 is replaced by the following:
5.  technological advances and changes in scientific knowledge and understanding;
"5. technological advances, including digital tools, and changes in scientific knowledge and understanding;"
Amendment 240
Proposal for a directive
Annex III c (new)
Directive 2010/75/EU
Annex III – point 9
In Annex III, point 9 is replaced by the following:
9.  the consumption and nature of raw materials (including water) used in the process and energy efficiency;
"9. the consumption, recycling and nature of raw materials (including water) used in the process and energy efficiency and decarbonisation;"
Amendment 241
Proposal for a directive
Annex III d (new)
Directive 2010/75/EU
Annex III – point 11
In Annex III, point 11 is replaced by the following:
11.  the need to prevent accidents and to minimise the consequences for the environment;
11.  the need to prevent accidents and to minimise the consequences for the environment and the workers;
Amendment 242
Proposal for a directive
Annex III e (new)
Directive 2010/75/EU
Annex III – point 12b (new)
In Annex III, the following point is added:
12b.  The need to prevent and minimise the negative impact for biodiversity.
Amendment 243
Proposal for a directive
Annex III f (new)
Directive 2010/75/EU
Annex IV – paragraph 1 – introductory part
In Annex IV, paragraph 1, the introductory part is replaced by the following:
1.  The public shall be informed (by public notices or other appropriate means such as electronic media where available) of the following matters early in the procedure for the taking of a decision or, at the latest, as soon as the information can reasonably be provided:
"1. The public shall be informed (by public notices and through an easy to find webpage on the website of the public authorities to which access is unrestricted) of the following matters early in the procedure for the taking of a decision or, at the latest, as soon as the information can reasonably be provided:"
Amendment 244
Proposal for a directive
Annex III g (new)
Directive 2010/75/EU
Annex IV – paragraph 3
In Annex IV, paragraph 3 is replaced by the following:
3.  The public concerned shall be entitled to express comments and opinions to the competent authority before a decision is taken.
"3. The public concerned shall be entitled to express comments and opinions to the competent authority in a timely manner before a decision is taken."
Amendment 245
Proposal for a directive
Annex III h (new)
Directive 2010/75/EU
Annex IV – paragraph 5
In Annex IV, paragraph 5 is replaced by the following:
5.  The detailed arrangements for informing the public (for example by bill posting within a certain radius or publication in local newspapers) and consulting the public concerned (for example by written submissions or by way of a public inquiry) shall be determined by the Member States. Reasonable time-frames for the different phases shall be provided, allowing sufficient time to inform the public and for the public concerned to prepare and participate effectively in environmental decision-making subject to this Annex.
"5. Reasonable time-frames for the different phases shall be provided, allowing sufficient time to inform the public and for the public concerned to prepare and participate effectively in environmental decision-making subject to this Annex."
Amendment 246
Proposal for a directive
Annex III i (new)
Directive 2010/75/EU
Annex IV – paragraph 5 a (new)
In Annex IV, the following paragraph is added:
5a.  The public concerned living in a Member State bordering the Member State in which the activity is carried out shall be informed in an equally effective manner to the public concerned living in the same Member State where the activity is carried out. This shall include the translation of relevant information under paragraphs 1 and 2.
Amendment 247
Proposal for a directive
Annex III j (new)
Directive 2010/75/EU
Annex V – Part 3 – paragraph 8 – subparagraph 3
In Annex V, Part 3, paragraph 8, third subparagraph is replaced by the following:
The operator shall inform the competent authority about the results of the checking of the automated measuring systems.
The operator shall inform the competent authority about the results of the checking of the automated measuring systems within a period of three months.
Amendment 248
Proposal for a directive
Annex III k (new)
Directive 2010/75/EU
Annex V – Part 3 – paragraph 10 – subparagraph 2
In Annex V, Part 3, paragraph 10, second subparagraph is replaced by the following:
Any day in which more than three hourly average values are invalid due to malfunction or maintenance of the automated measuring system shall be invalidated. If more than 10 days over a year are invalidated for such situations the competent authority shall require the operator to take adequate measures to improve the reliability of the automated measuring system
Any day in which more than three hourly average values are invalid due to malfunction or maintenance of the automated measuring system shall be invalidated. If more than 10 days over a year are invalidated for such situations the competent authority shall require the operator to take adequate measures to improve the reliability of the automated measuring system within a period of three months.
Amendment 249
Proposal for a directive
Annex III l (new)
Directive 2010/75/EU
Annex VI – Part 6 – point 1.2
In Annex VI, Part 6, point 1.2 is replaced by the following:
1.2.  Sampling and analysis of all polluting substances including dioxins and furans as well as the quality assurance of automated measuring systems and the reference measurement methods to calibrate them shall be carried out according to CEN-standards. If CEN standards are not available, ISO, national or other international standards which ensure the provision of data of an equivalent scientific quality shall apply. Automated measuring systems shall be subject to control by means of parallel measurements with the reference methods at least once per year.
1.2.  Sampling and analysis of all polluting substances including dioxins and furans as well as the quality assurance of laboratories and of automated measuring systems and the reference measurement methods to calibrate the latter shall be carried out according to CEN-standards. If CEN standards are not available, ISO, national or other international standards which ensure the provision of data of an equivalent scientific quality shall apply. Automated measuring systems shall be subject to control by means of parallel measurements with the reference methods at least once per year.
Amendment 250
Proposal for a directive
Annex III m (new)
Directive 2010/75/EU
Annex VI – Part 8 – point 1.2
In Annex VI, Part 8, point 1.2 is replaced by the following:
The half-hourly average values and the 10-minute averages shall be determined within the effective operating time (excluding the start-up and shut-down periods if no waste is being incinerated) from the measured values after having subtracted the value of the confidence interval specified in point 1.3 of Part 6. The daily average values shall be determined from those validated average values.
The half-hourly average values and the 10-minute averages shall be determined within the effective operating time (including the start-up and shut-down periods for dioxins, furans and dioxin-like polychlorinated biphenyls even if no waste is being incinerated) from the measured values after having subtracted the value of the confidence interval specified in point 1.3 of Part 6. The daily average values shall be determined from those validated average values.

(1) The matter was referred back for interinstitutional negotiations to the committee responsible, pursuant to Rule 59(4), fourth subparagraph (A9-0216/2023).

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