Changes from plenary report to adopted text

Article 1 – paragraph 1 – point 25, 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 or request the operator to apply for a permit or make a new registration.

Directive 2010/75/EU

Article 1 – paragraph 1 – point 25, 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.

Directive 2010/75/EU

Article 1 – paragraph 1 – point 25, Article 70 d – paragraph 1 – subparagraph 1: 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.

Directive 2010/75/EU

Article 1 – paragraph 1 – point 25, Article 70d – paragraph 1 – subparagraph 2: 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.

Directive 2010/75/EU

Article 1 – paragraph 1 – point 25, Article 70d – paragraph 2: 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.

Directive 2010/75/EU

Article 1 – paragraph 1 – point 25, Article 70d – paragraph 3: 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.

Directive 2010/75/EU

Article 1 – paragraph 1 – point 25, Article 70e – paragraph 1: 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.

Directive 2010/75/EU

Article 1 – paragraph 1 – point 25, 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. 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.

Directive 2010/75/EU

Article 1 – paragraph 1 – point 25, 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 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.

Directive 2010/75/EU

Article 1 – paragraph 1 – point 25, 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.

Directive 2010/75/EU

Article 1 – paragraph 1 – point 25, Article 70g – paragraph 2 – point a: (a) the permit or the registration;

Directive 2010/75/EU

Article 1 – paragraph 1 – point 25, Article 70h – paragraph 1 – subparagraph 2: 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.

Directive 2010/75/EU

Article 1 – paragraph 1 – point 25, Article 70i – paragraph 1 – subparagraph 1: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

Directive 2010/75/EU

Article 1 – paragraph 1 – point 25, 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).

Directive 2010/75/EU

Article 1 – paragraph 1 – point 25, 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 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.

Directive 2010/75/EU

Article 1 – paragraph 1 – point 25, Article 70i – paragraph 3: 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.

Directive 2010/75/EU

Article 1 – paragraph 1 – point 25 a (new), 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…

Directive 2010/75/EU

Article 1 – paragraph 1 – point 26, 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, 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.

Directive 2010/75/EU

Article 1 – paragraph 1 – point 26, 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, 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:

Directive 2010/75/EU

Article 1 – paragraph 1 – point 26, 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.

Directive 2010/75/EU

Article 1 – paragraph 1 – point 27, Article 74 – paragraph 2: deleted / (deleted) / (deleted) / (deleted) / (deleted)

Directive 2010/75/EU

Article 1 – paragraph 1 – point 27, 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.

Directive 2010/75/EU

Article 1 – paragraph 1 – point 27, 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.

Directive 2010/75/EU

Directive 2010/75/EU

Article 1 – paragraph 1 – point 31, 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 4 % of the operator’s annual turnover in the financial year preceding the year in which the fine is imposed in the Union.

Directive 2010/75/EU

Article 1 – paragraph 1 – point 31, Article 79 – paragraph 3 – point c: (c) the population or the environment affected by the violation, bearing in mind the impact of the infringement on the objective of achieving a high level of protection of human health and the environment, including the reversibility of any damage caused as a result of the violation and the length of time necessary for such damage to be reversed.

Directive 2010/75/EU

Article 1 – paragraph 1 – point 31, Article 79 – paragraph 3 – point c a (new): (ca) relevant previous violations by the operator or by the installation.

Directive 2010/75/EU

Article 1 – paragraph 1 – point 31, 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.

Directive 2010/75/EU

Article 1 – paragraph 1 – point 31, 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.

Directive 2010/75/EU

Article 1 – paragraph 1 – point 32, 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 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.

Directive 2010/75/EU