Changes from adopted text to adopted text

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

RemovedDirective 2010/75/EU

RemovedArticle 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.

RemovedDirective 2010/75/EU

RemovedArticle 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.

RemovedDirective 2010/75/EU

RemovedArticle 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 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.

RemovedDirective 2010/75/EU

RemovedArticle 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.

RemovedDirective 2010/75/EU

RemovedArticle 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.

RemovedDirective 2010/75/EU

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

RemovedDirective 2010/75/EU

RemovedArticle 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.

RemovedDirective 2010/75/EU

RemovedArticle 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.

RemovedDirective 2010/75/EU

RemovedArticle 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.

RemovedDirective 2010/75/EU

RemovedArticle 1 – paragraph 1 – point 32, Article 79a – paragraph 4: 4. Where there is a claim for compensation in accordance with paragraph 1, supported by clear and consistent scientific data that demonstrate a causality link between the damage and the violation, Member States shall ensure that such data are recognised both in substantive and procedural law as evidence and are given due weight by national courts, along with all other relevant evidence under national law and without prejudice to the rights of defence.

RemovedDirective 2010/75/EU

RemovedArticle 1 – paragraph 1 – point 32, Article 79a – paragraph 4 a (new): 4a. Member States shall ensure that, where the claimant has provided reasonably available evidence to support a claim for compensation in accordance with paragraph 1, and has reasonably substantiated that additional evidence lies in the control of the defendant or a third party, if requested by the claimant, the court or administrative authority is able to order that such evidence be disclosed by the defendant or the third party in accordance with national procedural law, subject to the applicable Union and national rules on confidentiality and proportionality.

RemovedDirective 2010/75/EU

RemovedArticle 1 – paragraph 1 – point 32, Article 79a – paragraph 5 a (new): 5a. For the purpose of this Article, “clear and consistent scientific data” means statistical, epidemiological and other scientific data relevant to the respective national court’s assessment of whether a statistically robust causal link exists between specific types of pollution and specific health conditions. Member States shall create a centralised system for receiving, gathering and publishing clear and consistent scientific data on the causality links, taking into account both domestic and international research, impact factor considerations, peer-reviewed publications, university and research institutions rankings, degree of acceptance by the scientific community, satisfactory level of replication of results on causality links and its admissibility in legal procedures under this Directive.

RemovedDirective 2010/75/EU

RemovedArticle 1 – paragraph 1 – point 32, Article 79a – paragraph 5 b (new): 5b. Member States shall submit relevant scientific data on the causality links between certain types of pollution and certain health conditions to the European Environmental Agency. The Agency shall incorporate the data after initial scrutiny of the scientific reliability of the sources into the Industrial Emission Portal established under Regulation (EU) ..../... (COM(2022)0157 – C9-0145/2022 – 2022/0105(COD)).

RemovedDirective 2010/75/EU

RemovedArticle 1 – paragraph 1 – point 33 a (new), Annex -Ia (new): (33a) Annex -Ia set out in Annex Ia to this Directive is inserted.

RemovedDirective 2010/75/EU

RemovedAnnex I – paragraph 1 – point -a (new), Annex I – point 1.2 a (new): (-a) In Annex I, paragraph 3, point 1.2 a is inserted: / 1.2a Onshore oil and fossil gas upstream exploration and production, fossil gas gathering and processing

RemovedDirective 2010/75/EU

RemovedAnnex I – paragraph 1 – point -a a (new), Annex I point 1.2 b (new): (-a a) In Annex I, paragraph 3, point 1.2 b is inserted: / 1.2b Offshore oil and fossil gas upstream exploration and production

RemovedDirective 2010/75/EU

RemovedAnnex I – paragraph 1 – point b, Annex I – point 2.3 – point aa: deleted

RemovedDirective 2010/75/EU

RemovedAnnex I – paragraph 1 – point b, Annex I – point 2.3 – point ab: deleted

RemovedDirective 2010/75/EU

RemovedAnnex I – paragraph 1 – point b, Annex I – point 2.3 – point b: (b) operation of smitheries with hammers the energy of which exceeds 50 kilojoule per hammer;

RemovedDirective 2010/75/EU

RemovedAnnex I – paragraph 1 – point b, Annex I – point 2.3 – point b a: deleted

RemovedDirective 2010/75/EU

RemovedAnnex I – paragraph 1 – point c, Annex I – point 2.7: 2.7. Manufacture of lithium-ion batteries, other than exclusively assembling cells into packs and modules, with a production capacity of 17, 500 tons of battery cells (cathode, anode, electrolyte, separator and capsule) or more per year.

RemovedDirective 2010/75/EU

RemovedAnnex I – paragraph 1 – point d, Annex I – point 3.5 – point a: (a) a production capacity exceeding 75 tonnes per day, and/or

RemovedDirective 2010/75/EU

RemovedAnnex I – paragraph 1 – point e, Annex I – point 3.6 – introductory part: 3.6. Extraction and treatment (operations such as comminution, size control, beneficiation and upgrading) of the following non-energy metalliferous minerals: bauxite, chromium, cobalt, copper, gold, silver, iron, lead, lithium, manganese, nickel, palladium, platinum, tin, tungsten and zinc.

RemovedDirective 2010/75/EU

RemovedAnnex I – paragraph 1 – point e, Annex I – point 3.6 – point a: deleted

RemovedDirective 2010/75/EU

RemovedAnnex I – paragraph 1 – point e, Annex I – point 3.6 – point b: deleted

RemovedDirective 2010/75/EU

RemovedAnnex I – paragraph 1 – point e a (new), Annex I – point 4.2 – point a: (e a) In Annex I, point 4.2, point (a) is replaced by the following: / "(a) gases, such as ammonia, chlorine or hydrogen chloride, fluorine or hydrogen fluoride, carbon oxides, sulphur compounds, nitrogen oxides, hydrogen, except electrolysis of water for production of hydrogen where the hydrogen production capacity is below 50MW electricity input, sulphur dioxide, carbonyl chloride."

RemovedDirective 2010/75/EU

RemovedAnnex I – paragraph 1 – point e b (new), Annex I – point 5.2 – introductory part: (e b)In Annex I, paragraph 3, subparagraph 3, point 5.2, the introductory part is replaced by the following: / "Disposal or recovery of waste in waste incineration plants or in waste co-incineration plants except if the waste is exclusively composed of biomass as defined in Article 3(31)(b) of this Directive:

RemovedDirective 2010/75/EU

RemovedAnnex I – paragraph 1 – point g, Annex I – point 5.3 – point a – point i: (i) biological treatment (such as anaerobic digestion or co-digestion);

RemovedDirective 2010/75/EU

RemovedDirective 2010/75/EU

RemovedAnnex II, Annex I a: deleted / (deleted) / (deleted) / (deleted) / (deleted)