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From · opinion parliamentary committee draft · 2022-10-10 AGRI-PA-736485 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

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To · opinion parliamentary committee draft · 2022-11-07 ITRE-PA-736732 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

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SHORT JUSTIFICATION

It was with great concern that I learned of the European Commission’s proposal regarding the revision of the Industrial Emissions Directive. This proposal sets out the requirements that Member States must impose when granting permission for the construction or extension of industrial installations. As rapporteur of the opinion for the Committee on Agriculture and Rural Development, I harbour serious doubts regarding the agricultural chapter as proposed by the Commission.

The Rapporteur supports many elements in the Commission proposal especially regarding the ambition of a more effective Directive and the introduction of a new centre for innovative techniques. The Rapporteur believes that the Industrial Emissions Directive has been and is crucial to lower polluting and emissions from the industrial sector in the European Union, is of the opinion that the Directive brings environmental, climate and health benefits for the European Union; believes that the current working method (the Sevilla process) that is being used to agree upon the Best Available Techniques (BAT) for pollution prevention and control, should be maintained.

- Firstly, I am extremely outraged by the fact that the agricultural sector has been included in the scope of a directive dedicated to industrial emissions. Lumping farmers in with industrialists adds to a negative perception of family-run farms. I remind you that the European agricultural model based on family-run farms guarantees the production of quality food in a secure, sustainable and strategic manner. With food security now an issue of vital geostrategic importance, the European Union should value its agricultural sector, especially family-run farms. It is therefore ill-advised to discourage farmers with such dubious conflations. Imposing additional European legislation on small farmers will not bolster our continent’s geopolitical strategy. On the contrary, these additional requirements are not met with a strengthening of reciprocity in terms of standards, which is something that should play a key role in any trade exchanges with our partners.

However, the Rapporteur is of the opinion that the Commission proposal puts unjustified burden on operators and overlooks the risk of sub optimisations, believes that the Directive must acknowledge adjustments between contrary environmental values into consideration in order to make this legislation better for climate, environment and people.

- Nevertheless, I am, of course, of the opinion that European agriculture must be diversified and made more sustainable. For example, it is undeniable that the agricultural sector must also reduce its emissions. However, this revision is not the best way to go about contributing to this sustainability goal, or, for that matter, to the diversification of our agriculture. Rather, the text the Commission has proposed is counterproductive and encourages a move towards greater concentration in the agricultural sector. Indeed, the agricultural chapter targets all livestock producers, including small and medium operators. In the proposed form, the scope of this revision would place a major administrative and economic burden on farmers breeding chickens, pigs and cattle. The profitability of such enterprises is constantly being undermined by free trade agreements and the unchecked accumulation of regulations, while the largest, agro-industrial, undertakings have been spared such changes. As a result, this proposal gives an undeniable competitive advantage to the biggest businesses, who will have less difficulty in shouldering the additional administrative and economic burden.

On this note, the Rapporteur opposes the deletion of energy efficiency requirements and the introduction of environmental performance limit values. The electrification of industry will require more energy, setting strict consumption requirements is to obstruct the electrification of these sectors.

- I therefore suggest that we remove cattle farms from this directive’s scope. These requirements, in the form proposed by the Commission, entail a heavy individual burden for cattle breeders, yet they will not lead to an effective reduction in emissions. These cattle farms are not ‘closed facilities’, which lend themselves to the use of purification techniques such as those employed in the rearing of pigs and poultry, let alone industry. As part of the common agriculture policy (CAP) and national strategic plans (NSPs), I am convinced that the Commission should ensure the reduction of greenhouse gas emissions including those of methane (CH4). However, it should do so using technologies, the efficacy and cost-effectiveness of which, have been demonstrated. This could be implemented by means of specific eco-schemes and low-carbon agricultural initiatives within the framework of the CAP. Initiatives such as these were, in fact, put forward by the European Parliament on 21 October 2021 in its resolution on an EU strategy to reduce methane emissions (2021/2006(INI). While each of the Member States has made commitments in their respective NSPs to reduce their emissions and mitigate agricultural pollution, it is also advisable to maintain the status quo for the pork and poultry sector. This should occur, not only with a view to simplifying public policies (implementation and inspection), but also to ensure their effectiveness.

Secondly, the Rapporteur is concerned that the Commission overlooks the role of the Sevilla process when implementing the Innovation centre for industrial transformation and emissions (INCITE), believes that the centre will give crucial contribution to the analysis of innovative and emerging techniques. Is however concerned that the Commission proposal suggests that the findings of the centre can be directly included in BREFs without technical assessment in the Sevilla process.

- In addition, I have noticed that the ammonia (NH3) reduction goals are addressed as part of Directive (EU) 2016/2284 on the reduction of household emissions (National Emission reduction Commitments Directive/‘NEC’). Many Member States have benefitted from this directive to significantly reduce their emissions in this way. Furthermore, many Member States have already gone further than the Commission’s proposal anticipated. Moreover, the ‘NEC’ Directive will come into effect from 2023, and will allow us to reduce emissions more quickly than could be accomplished with the proposed revision of the Industrial Emissions Directive.

Thirdly, the rapporteur believes that technical development and innovation is key for the European Union to reach its climate goals. Believes, that innovation and development of new techniques should be given adequate time for implementation. Is therefore, of the opinion that emerging and innovative techniques should be given a longer test period with the possibility of extension by the competent authority to ensure legal certainty for operators.

The risks of this proposed revision to the Industrial Emissions Directive are therefore clear. The revision threatens to create administrative obligations and additional burdens which will jeopardise the profitability of the most vulnerable farmers’ businesses, thereby leading to cattle becoming more concentrated in certain farms. Indeed, this would entail a drastic reduction of cattle overall, to the detriment of our competitors whose production systems are less ethical (imported deforestation, for example).

~~For all of these reasons, I am convinced that the Commission’s proposed must be extensively reworked to take into account the real challenges faced by agricultural undertakings.~~

AMENDMENTS

The Committee on ~~Agriculture~~Industry, ~~and~~Research ~~Rural~~and ~~Development~~Energy calls on the Committee on the Environment, Public Health and Food Safety, as the committee responsible, to take into account the following amendments:

Amendment 1

Proposal for a directive

Recital 115

Text proposed by the Commission

Amendment

(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.

(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.

(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 ,the Sustainable Products Initiative67 . Also of relevance is the Commission’s Communication entitled ‘A long-term vision for the EU’s rural areas –Towards stronger, connected, resilient and prosperous rural areas by 2040’67a. 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.

(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 possible emission limit values which reflect the BAT-AEL range 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.

~~__________________~~

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.

~~56 https://www.un.org/ga/search/view_doc.asp?symbol=A/RES/70/1&Lang=E~~

~~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.

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.

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.

~~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.

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.

~~67 COM(2022) 142~~

67a Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions ‘A long-term vision for the EU’s rural areas – Towards stronger, connected, resilient and prosperous rural areas by 2040’ (COM(2021)0345).

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.

Or. en

Proposal for a directive

Recital 216

Text proposed by the Commission

Amendment

(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.

(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 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, taking cross-media effects, national conditions and placement of installations into account.

~~__________________~~

~~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.~~

Or. en

Justification

Frequent trade-offs must be considered based on national conditions, placement of installations etc. If this Directive is implemented as the Commission proposal suggests the best environmental performance for every installation cannot be achieved. Failure to have a holistic perspective on emissions from installations would lead to sub-optimizing solutions that neither benefit the climate nor people.

Amendment 3

Proposal for a directive

Recital 424

Text proposed by the Commission

Amendment

(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.

(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).

(4) Rearing of pigs and poultry can cause pollutant emissions into the soil, the air and water that could be harmful to the environment. Member States should address that risk in their national strategic plan under the Common Agricultural Policy (CAP), which will be in force from 1 January 2023. Furthermore, the Member States, via the CAP, should implement measures to reduce GHG emissions from agriculture, including methane, and reduce ammonia emissions, such as from livestock and fertilizers. In addition to the targets set under the CAP, Directive (EU) 2016/2284 ('NEC')1a set targets to reduce emissions, including ammonia from agriculture. Therefore, in order to avoid creating an administrative burden and unnecessary overlaps in the current legislative framework, the current thresholds for pigs and poultry should remain unchanged.

(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 and 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 should be used as a basis for 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).

~~__________________~~

1a Directive (EU) 2016/2284 of the European Parliament and of the Council of 14 December 2016 on the reduction of national emissions of certain atmospheric pollutants, amending Directive 2003/35/EC and repealing Directive 2001/81/EC (OJ L 344, 17.12.2016, p. 1–31)

Or. en

Proposal for a directive

Recital 2725

Text proposed by the Commission

Amendment

(27) In light of the high number of rearing installations that should be included within the scope of Directive 2010/75/EU, and the relative simplicity of the processes and emissions patterns of such installations, it is appropriate to set out specific administrative procedures for issuing permits and for the operation of the relevant activities which are adapted to the sector, without prejudice to requirements related to public information and participation, monitoring and compliance.

(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.

(27) In light of the high number of pig and poultry farms that should be included within the scope of Directive 2010/75/EU, and the relative simplicity of the processes and emissions patterns of such farms, it is appropriate to set out specific simplified administrative procedures for issuing permits and for the operation of the relevant activities which are adapted to the sector, without prejudice to requirements related to public information and participation, monitoring and compliance.

(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 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 at company level by 30 June 2030. Operators of installations carrying out other activities listed in Annex I should produce transformation plans at company level as part of the permit reconsideration and update following the publication of decisions on BAT conclusions published after 1 January 2030. The transformation plans should remain indicative documents prepared under the responsibility of the operators. The operators should make those transformation plans public.

__________________

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.

Or. en

Justification

An operator may have several installations. Requiring a transformation plan for every installation would impose an inappropriate administrative burden on operators that are not always major companies. Secondly, this would impose a large administrative burden on Member States, organisations, operators and risk damaging the companies' transformation plans. Unforeseen events can change the investments, for example the current energy crisis with expensive energy.

Amendment 5

Proposal for a directive

~~Recital 29~~

Article 1 – paragraph 1 – point 7

Directive 2010/75/EU

Article 9 – paragraph 2

Text proposed by the Commission

Amendment

(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.

(7) In Article 9, paragraph (2) is deleted.

(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 and pigs. 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.

deleted

~~__________________~~

~~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.~~

Or. en

Justification

Article 9.2 should remain in this Directive. Deletion would result in double regulation with Directive 2003/87/EC (ETS), creating contradictions on requirements and on improving energy efficiency performance. The goal of a climate-neutral union until 2050 will require industrial polluters to decarbonize, resulting in a greater energy usage instead of a dependency on fossil fuels. The reintroduction of this article means that article 15.3 also needs to be amended.

Amendment 6

Proposal for a directive

Article 1 – paragraph 1 – point ~~3 – point a~~11

Directive 2010/75/EU

Article 314a – paragraph 12 – point 3f

Text proposed by the Commission

Amendment

(3) ‘installation’ means a stationary technical unit within which one or more activities listed in Annex I, in Annex Ia or in Part 1 of Annex VII are carried out, and any other directly associated activities on the same site which have a technical connection with the activities listed in those Annexes and which could have an effect on emissions and pollution;

(f) a transformation plan as referred to in Article 27d.

(3) ‘installation’ means a stationary technical unit within which one or more activities listed in Annex I or in Part 1 of Annex VII are carried out, and any other directly associated activities on the same site which have a technical connection with the activities listed in those Annexes and which could have an effect on emissions and pollution;

(f) a transformation plan at company level as referred to in Article 27d.

Or. en

Justification

The definition of 'installation' should not cover agricultural activities. The word 'farm' is better suited when referring to rearing poultry and pigs. These change should apply throughout the text where appropriate and in Chapter VIa in particular.

Amendment 7

Proposal for a directive

Article 1 – paragraph 1 – point ~~3 – point d a (new)~~12

Directive 2010/75/EU

Article 315 – paragraph 3 – subparagraph 1 – ~~point~~introductory 23part

~~Present text~~

Text proposed by the Commission

Amendment

~~(da) point (23) is replaced by the following:~~

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:

(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*

Following the publication of decisions on BAT conclusions referred to in Article 13(5), the competent authority shall set emission limit values that are 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 those decisions on BAT conclusions. The emission limit values shall be based on an assessment by the operator analysing the feasibility of meeting the BAT-AEL range demonstrating the lowest emission limit the installation can achieve by applying BAT as described in BAT conclusions. The emission limit values shall be set through either of the following:

~~(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*;~~

~~__________________~~

* OJ L 303, 31.10.1990, p. 6.

* 1 OJ L 084, 31.3.2016, p. 1

Or. en

Justification

The current working method to finalize BAT-AELs are high-level, evidence-based and highly technical deliberations conducted in Sevilla within technical working groups, consisting of experts from Member States, industry, environmental NGOs and services of the Commission. This work should continue since it results in a BAT-AEL range based on collection of data, sectoral knowledge and Member State competence on national conditions. The lowest emission value achievable in the BAT-AEL range cannot be the reference value as firstly it will not be feasible for every installation. Secondly, there are cross-media effects for every installation. Frequent trade-offs must be considered based on national conditions, placement of installations etc. If this Directive is implemented as the Commission proposal suggests the best environmental performance for every installation cannot be achieved. Thirdly, using the strictest value will harm technique neutrallity as all other plants will need to choose these BAT to reach the level.

Amendment 8

Proposal for a directive

Article 1 – paragraph 1 – point ~~3 – point e~~12

Directive 2010/75/EU

Article 315 – paragraph ~~1 – point 23b~~3a

Text proposed by the Commission

Amendment

~~(23b) ‘cattle’ means domestic animals of the species Bos taurus;~~

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).

~~deleted~~

3a. The competent authority shall set indicative 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).

Or. en

Justification

When setting resource consumption requirements, it should be possible to take a certain degree of flexibility into account for different environmental aspects, with a view to reducing the overall environmental impact and to promoting technologies that also reduce greenhouse gases. It should also be taken into account that the conditions differ for different products and material qualities. It is important that the requirements continue to be indicative as the transformation to fossil free production as well as more advance products often uses more energy or water.

Amendment 9

Proposal for a directive

Article 1 – paragraph 1 – point ~~3 – point e~~20

Directive 2010/75/EU

~~Article 3 – paragraph 1 – point 23c~~

Chapter IIa – title

Text proposed by the Commission

Amendment

(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**’.

PROMOTING INNOVATION’

~~deleted~~

ENABLING INNOVATION’

~~____________~~

* 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).’;.

Or. en

Proposal for a directive

Article 1 – paragraph 1 – point 421

Directive 2010/75/EU

Article 427 – paragraph 1 ~~– subparagraph 2~~

Text proposed by the Commission

Amendment

~~‘By way of derogation from the first subparagraph, Member States may set a procedure for the registration of installations covered only by Chapter V or Chapter VIa.’.~~

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.

~~‘By way of derogation from the first subparagraph, Member States may set a procedure for the registration of installations covered only by Chapter V’.~~

Member States shall encourage the development of emerging and innovative techniques. Member States may, where appropriate and when an operator chooses that option, facilitate the application of emerging and innovative techniques, in particular where such techniques have been identified by the innovation centre for industrial transformation and emissions, established under Article 27a, and further assessed before their inclusion in the BAT reference documents.

Or. en

Justification

Member states should not be entitled to decide which technique an operator should apply, the decision to use an emerging technique is the operators. It is crucial that techniques that has been identified by the INCITE go through assessment in the Sevilla process since the INCITE should not change the order of BREFs.

Amendment 11

Proposal for a directive

Article 1 – paragraph 1 – point 2422

Directive 2010/75/EU

~~Chapter VIa – title~~

Article 27a – paragraph 2

Text proposed by the Commission

Amendment

~~SPECIAL PROVISIONS FOR REARING POULTRY, PIGS AND CATTLE~~

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).

~~SPECIAL PROVISIONS FOR INTENSIVE REARING OF POULTRY AND PIGS~~

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).

Or. en

Proposal for a directive

Article 1 – paragraph 1 – point 2522

Directive 2010/75/EU

Article ~~70a~~27b – ~~paragraph 1~~title

Text proposed by the Commission

Amendment

~~This Chapter shall apply to the activities set out in Annex Ia which reach the capacity thresholds set out in that Annex.~~

Testing of emerging techniques

~~This Chapter shall apply to the intensive rearing of poultry and pigs:~~

Testing of emerging and innovative techniques

~~(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.~~

Or. en

Proposal for a directive

Article 1 – paragraph 1 – point 2522

Directive 2010/75/EU

~~Article 70b~~

Article 27b – paragraph 1

Text proposed by the Commission

Amendment

~~Article 70b~~

~~deleted~~

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 and innovative techniques identified by the centre for a total period of time not exceeding 48 months. The competent authority may grant an extension of those temporary derogations. An initial extension period shall not exceed 12 months.

~~Aggregation rule~~

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.

Or. en

Justification

This directive should support innovation by providing adequate testing periods for operators. Ensuring continuous testing of an emerging technique that due to unforeseen circumstances needs more time.

Amendment 14

Proposal for a directive

Article 1 – paragraph 1 – point 2522

Directive 2010/75/EU

Article ~~70c~~27c – ~~title~~paragraph 1

Text proposed by the Commission

Amendment

~~Permits~~

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.

~~Permits and simplified registration procedure~~

By way of derogation from Article 21(3), the competent authority may set indicative emission limit values that ensure that, within the period in respect of which an assessment has been carried out by the competent authority together with the operator, emissions shall not, under normal operating conditions, exceed emission levels associated with emerging and innovative techniques as laid down in the decisions on BAT conclusions.

Or. en

Justification

Emission values for emerging techniques are estimated and should hence be indicative in order not to hinder the development of a technology that can create great climate benefit. To promote the use of emerging techniques an operator needs adequate time for permitting, installation and testing. A fixed time period is limiting the possibilities for operators as unforeseen external events, which the operator cannot influence, e.g. global crises and supply shortages, can affect the test period.

Amendment 15

Proposal for a directive

Article 1 – paragraph 1 – point 2522

Directive 2010/75/EU

Article ~~70c~~27d – paragraph 1 a– ~~(new)~~subparagraph 1

Text proposed by the Commission

Amendment

~~1a. By way of derogation from paragraph 1 of this Article, Member States may provide for a specific procedure for the registration of farms rearing animals covered in this Chapter.~~

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.

The procedure for registration referred to in the first subparagraph shall be laid down in a binding act and include at least a requirement for a notification to the competent authority by the farmer of the intention to operate its activity.

Member States may request that by 30 June 2030 the operator includes in its environmental management system referred to in Article 14a a transformation plan for the companys' 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.

~~Member States shall use any similar pre-existing procedure for the registration in order to avoid creating an administrative burden.~~

Or. en

Justification

~~The derogation initially proposed in Art. 4 is transferred to this Article.~~

A operator may have several installations. Requiring a transformation plan for every installation would impose an inappropriate administrative burden on operators that are not always major companies.

Amendment 16

Proposal for a directive

Article 1 – paragraph 1 – point 2522

~~Directive 2010/75/EU~~

~~Article 70c – paragraph 2 – point a~~

~~Text proposed by the Commission~~

~~Amendment~~

~~(a) the installation and its activities~~

~~(a) the farm, its buildings and its activities~~

~~Or. en~~

~~Amendment 17~~

~~Proposal for a directive~~

~~Article 1 – paragraph 1 – point 25~~

~~Directive 2010/75/EU~~

~~Article 70c – paragraph 2 – point c~~

~~Text proposed by the Commission~~

~~Amendment~~

~~(c) the capacity of the installation;~~

~~(c) the capacity of the building where the rearing takes place;~~

~~Or. en~~

~~Amendment 18~~

~~Proposal for a directive~~

~~Article 1 – paragraph 1 – point 25~~

~~Directive 2010/75/EU~~

~~Article 70c – paragraph 2 – point d~~

~~Text proposed by the Commission~~

~~Amendment~~

~~(d) the sources of emissions from the installation;~~

~~(d) the sources of emissions from the building where the rearing takes place;~~

~~Or. en~~

~~Amendment 19~~

~~Proposal for a directive~~

~~Article 1 – paragraph 1 – point 25~~

~~Directive 2010/75/EU~~

~~Article 70c – paragraph 2 – point e~~

~~Text proposed by the Commission~~

~~Amendment~~

~~(e) the nature and quantities of foreseeable emissions from the installation into each medium.~~

~~(e) the nature and quantities of foreseeable emissions from the building where the rearing takes place, into each medium under normal operating conditions.~~

~~Or. en~~

~~Amendment 20~~

~~Proposal for a directive~~

~~Article 1 – paragraph 1 – point 25~~

~~Directive 2010/75/EU~~

~~Article 70c – paragraph 4~~

~~Text proposed by the Commission~~

~~Amendment~~

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 farmer informs the competent authority, without delay, of any planned substantial change to the farm and farm buildings where the rearing takes place, 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. en~~

~~Justification~~

~~Replacing 'operator' by 'farmer' should be applied throughout this Chapter.~~

~~Amendment 21~~

~~Proposal for a directive~~

~~Article 1 – paragraph 1 – point 25~~

Directive 2010/75/EU

~~Article 70d~~

Article 27d – paragraph 1 – subparagraph 2

Text proposed by the Commission

Amendment

~~Article 70d~~

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.

deleted

~~Obligations of the operator~~

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.

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.

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.

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.

Or. en

Justification

The obligations under this article to the farmer are disproportionate and does not add any strong value to the monitoring of the emissions as referred to in Article 70e. Some monitoring could be outsourced or falling outside the responsibility of the farmer.

Would impose a large administrative burden on Member States, organisations and operators.

Amendment 2217

~~Proposal for a directive~~

~~Article 1 – paragraph 1 – point 25~~

~~Directive 2010/75/EU~~

~~Article 70e – paragraph 3~~

~~Text proposed by the Commission~~

~~Amendment~~

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. Where appropriate, 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. Nonetheless, without prejudice to Article 4(2), second subparagraph, of Directive 2003/4/EC, at the request of the operator, parts of such reports that involve sensitive commercial or industrial information, or which include personal data within the meaning of Article 4(1) of Regulation (EU)2016/679 that are not strictly necessary for the purpose of this Article, shall not be published.

~~Or. en~~

~~Justification~~

~~With the deletion of Art. 70d, some monitoring could be outsourced or falling outside the responsibility of the farmer. The addition to sensitive commercial or industrial information should be added.~~

~~Amendment 23~~

~~Proposal for a directive~~

~~Article 1 – paragraph 1 – point 25~~

~~Directive 2010/75/EU~~

~~Article 70g – paragraph 2 – point d~~

~~Text proposed by the Commission~~

~~Amendment~~

~~(d) the reports of inspections of the installations falling within the scope of this Chapter.~~

(d) the reports of inspections of the installations falling within the scope of this Chapter. Nonetheless, without prejudice to Article 4(2), second subparagraph, of Directive 2003/4/EC, at the request of the operator, parts of such reports that involve sensitive commercial or industrial information, or which include personal data within the meaning of Article 4(1) of Regulation (EU)2016/679 that are not strictly necessary for the purpose of this article, shall not be published.

~~Or. en~~

~~Amendment 24~~

Proposal for a directive

Article 1 – paragraph 1 – point 2522

Directive 2010/75/EU

Article ~~70i~~27d – paragraph 12 – subparagraph 1 ~~– introductory part~~

Text proposed by the Commission

Amendment

~~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:~~

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.

The Commission shall establish operating rules containing requirements consistent with the use of best available techniques for the activities referred to in Article 70a, which shall include the following:

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 at company level, of any activity listed in Annex I that is not referred to in paragraph 1. 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.

Or. en

Justification

~~Annex Ia is deleted and its provisions are now included in Art. 70a~~

Amendment 2518

~~Proposal for a directive~~

~~Article 1 – paragraph 1 – point 25~~

~~Directive 2010/75/EU~~

~~Article 70i – paragraph 1 – subparagraph 2~~

~~Text proposed by the Commission~~

~~Amendment~~

The operating rules shall take into account inter alia the nature, type, size and density of these installations and the specificities of pasture based cattle rearing systems, where animals are only seasonally reared in indoor installations.

~~The operating rules shall take into account inter alia the nature, type, size and density of these installations.~~

~~Or. en~~

~~Amendment 26~~

~~Proposal for a directive~~

~~Article 1 – paragraph 1 – point 27~~

~~Directive 2010/75/EU~~

~~Article 74 – paragraph 2~~

~~Text proposed by the Commission~~

~~Amendment~~

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:

~~(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.~~

~~Or. en~~

~~Amendment 27~~

Proposal for a directive

Article 1 – paragraph 1 – point 3422

Directive 2010/75/EU

~~Annex Ia (new)~~

Article 27d – paragraph 2 – subparagraph 2

Text proposed by the Commission

Amendment

~~(34) Annex Ia as set out in Annex II to this Directive is inserted.~~

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.

deleted

Or. en

~~Amendment 28~~

Justification

Would impose a large administrative burden on Member States, organisations and operators.

Amendment 19

Proposal for a directive

~~Annex II~~

Article 1 – paragraph 1 – point 22

Directive 2010/75/EU

~~Annex Ia (new)~~

Article 27d – paragraph 3

Text proposed by the Commission

Amendment

~~ANNEX Ia~~

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.

~~deleted~~

3. The company shall make its transformation plan as well as the results of the assessment referred to in paragraphs 1 and 2 public, taking into account the company' trade secrets, as part of the publication of its environmental management system.

~~Activities referred to in Article 70a~~

~~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).

Or. en