Changes from report parliamentary committee draft to plenary report

AddedArticle 1 – paragraph 1 – point 25, Article 70c – paragraph 2 – introductory part: 2. Registrations or applications for permits shall include at least a description of the following elements:

AddedDirective 2010/75/EU

AddedArticle 1 – paragraph 1 – point 25, Article 70c – paragraph 2 – point b: (b) the animal type and livestock density;

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AddedArticle 1 – paragraph 1 – point 25, Article 70c – paragraph 2 – point e: (e) the nature and quantities of foreseeable emissions from the installation into each medium under normal operating conditions;

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AddedArticle 1 – paragraph 1 – point 25, Article 70c – paragraph 2 – point ea (new): (ea) the approximate number of days animals spent outside the stable.

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AddedArticle 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.

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AddedArticle 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.

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AddedArticle 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.

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AddedArticle 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.

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AddedArticle 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.

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AddedArticle 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.

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AddedArticle 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.

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AddedArticle 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.

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AddedArticle 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.

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AddedArticle 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.

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

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AddedArticle 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.

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

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AddedArticle 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).

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AddedArticle 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.

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AddedArticle 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.

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AddedArticle 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…

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AddedArticle 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.

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AddedArticle 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:

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AddedArticle 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.

AddedDirective 2010/75/EU

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

Directive 2010/75/EU

Change 87

ChangedArticle 1 – paragraph 1 – point 27, Article 74 – paragraph 2 a (new): 2a. In order for the objectives of this Directive regarding prevention or reduction of pollutant emissions from extractive industry, to be met, the Commission shall, based on an impact assessment, byBy [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 Annexpoint I3.6. toof thisAnnex DirectiveI by adding an exhaustive list of extraction and treatment processes for the non-energy industrial minerals ofbarite, abentonite, highdiatomite, orfeldspar, fluorspar, graphite, kaolin, magnesite, perlite, potash, salt, sulphur and talc, where the extraction and treatment processes for such minerals have a significant environmental impact.impact regarding emissions and/or consumption of water and energy with the relevant thresholds.

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Change 88

ChangedArticle 1 – paragraph 1 – point 29,27, Article 7674 – paragraph 2: 2. The power to adopt delegated acts referred to in Articles 48(5), Article 70i and Article 74 shall be conferred on the Commission for a period of2 5b years(new): from2b. …After [OP please insert the date = the first day of the month following 24 months after the date of entry into force of this Directive]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five year period. The delegation of power shall be tacitly extendedDirective] forand periodsbased ofon an identical duration, unless the European Parliament or the Council opposes such extension not later than three monthsimpact beforeassessment, the end of each period. The powerCommission tomay adopt thea delegated acts referred toact in Article 74(2aaccordance -with new)Article shall76 bein conferredorder onto theamend Commissionpoint for3.6. aof periodAnnex ofI 3by yearsadding fromnon-energy ...minerals [OPnewly pleasediscovered insertin the dateUnion, =if thetheir firstextraction dayand oftreatment thehave montha followingsignificant theenvironmental dateimpact ofregarding entryemissions intoand/or forceconsumption of thiswater Directive].and energy.

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Change 89

RemovedArticle 1 – paragraph 1 – point 31, Article 79 – paragraph 2: 2. The penalties referred to in paragraph 1 shall include fines proportionate to the nature and gravity of the violation and the turnover of the legal person in the Member State, in which the relevant installation is based, 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 Member State concerned.

AddedArticle 1 – paragraph 1 – point 29, 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 [OP please insert date as referred to in paragraph 4 subparagraph 1] 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.

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Change 90

RemovedArticle 1 – paragraph 1 – point 31, Article 79 – paragraph 3 a (new): 3a. Member States shall ensure that funding from penalties is used, as a matter of priority, to compensate for damage caused to local communities, including compensation for the social consequences of ending economic activities, due to permit violations.

AddedArticle 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