AM\1348825EN.docx PE791.123v02-00
EN United in diversity EN
European Parliament
2024-2029
Committee on the Environment, Climate and Food Safety
2025/0394(COD)
28.7.2026
AMENDMENTS
264 - 465
Draft report
Susana Solís Pérez
(PE787.998v01-00)
Amending Directives 2008/98/EC, 2010/75/EU, (EU) 2015/2193 and (EU)
2024/1785 of the European Parliament and of the Council as regards
simplification of some requirements and reduction of administrative burden
Proposal for a directive
(COM(2025)0986 – 2025/0394(COD))
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AM_Com_LegReport
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Amendment 264
Anna Zalewska
Proposal for a directive
Article 2 – paragraph 1 – point 1 a (new)
Directive 2010/75/EU
Article 15 – paragraph 3
Present text Amendment
(1a) In Article 15, paragraph 3 is
replaced by the following:
3. The competent authority shall set the
strictest achievable emission limit values
by applying BAT in the installation,
considering the entire range of the
emission levels associated with the best
available techniques (“BAT-AELs”) to
ensure that, under normal operating
conditions, emissions do not exceed the
BAT-AELs as laid down in the decisions
on BAT conclusions referred to in Article
13(5). The emission limit values shall be
based on an assessment by the operator of
the entire BAT-AEL range, analysing the
feasibility of meeting the strictest end of
the BAT-AEL range and demonstrating the
best overall performance that the
installation can achieve by applying BAT
as described in BAT conclusions, having
regard to possible cross-media effects. The
emission limit values shall be set through
either of the following:(a)setting emission
limit values expressed for the same or
shorter periods of time and under the same
reference conditions as the BAT-AELs;
or(b)setting emission limit values different
from those referred to in point (a) in terms
of values, periods of time and reference
conditions.Where the emission limit values
are set in accordance with point (b), the
competent authority shall, at least annually,
assess the results of emission monitoring in
order to ensure that emissions under
normal operating conditions have not
exceeded the BAT-AELs.General binding
rules referred to in Article 6 may be
applied while setting relevant emission
limit values in accordance with this
‘3. The competent authority shall set
appropriate, technically achievable
emission limit values by applying BAT in
the installation, considering the applicable
best available techniques (“BAT-AELs”)
to ensure that, under normal operating
conditions, emissions do not exceed the
BAT-AELs as laid down in the decisions
on BAT conclusions referred to in Article
13(5). The emission limit values shall be
based on an assessment by the operator of
the entire BAT-AEL range and
demonstrating the best overall performance
that the installation can achieve by
applying BAT as described in BAT
conclusions, having regard to possible
cross-media effects. The emission limit
values shall be set through either of the
following:(a)setting emission limit values
expressed for the same or shorter periods
of time and under the same reference
conditions as the BAT-AELs; or(b)setting
emission limit values different from those
referred to in point (a) in terms of values,
periods of time and reference
conditions.Where the emission limit values
are set in accordance with point (b), the
competent authority shall, at least annually,
assess the results of emission monitoring in
order to ensure that emissions under
normal operating conditions have not
exceeded the BAT-AELs.General binding
rules referred to in Article 6 may be
applied while setting relevant emission
limit values in accordance with this Article.
The general binding rules shall be
established by the Member State, based on
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Article.If general binding rules are
adopted, the strictest achievable emission
limit values by applying BAT shall be set
for categories of installations having
similar characteristics that are relevant in
determining the lowest emission levels
achievable, considering the entire range
of the BAT-AELs. The general binding
rules shall be established by the Member
State, based on the information in the BAT
conclusions, analysing the feasibility of
meeting the strictest end of the BAT-AEL
range and demonstrating the best
performance that those categories of
installations can achieve by applying BAT
as described in BAT conclusions.
the information in the BAT conclusions
and demonstrating the best performance
that those categories of installations can
reasonably achieve by applying BAT as
described in BAT conclusions.’
Or. en
((https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02010L0075-20240804))
Amendment 265
Alexander Bernhuber
Proposal for a directive
Article 2 – paragraph 1 – point 1 b (new)
Directive 2010/75/EU
Article 15 – paragraph 3 – subparagraph 1 – first sentence
Present text Amendment
(1b) in Article 15(3), first subparagraph,
the first sentence is replaced by the
following:
3. The competent authority shall set the
strictest achievable emission limit values
by applying BAT in the installation,
considering the entire range of the
emission levels associated with the best
available techniques (“BAT-AELs”) to
ensure that, under normal operating
conditions, emissions do not exceed the
BAT-AELs as laid down in the decisions
on BAT conclusions referred to in Article
13(5).
‘3. The competent authority shall set
emission limit values based on the
relevant BAT, considering the entire range
of the emission levels associated with the
best available techniques (“BAT-AELs”)
to ensure that, under normal operating
conditions, emissions do not exceed the
BAT-AELs as laid down in the decisions
on BAT conclusions referred to in Article
13(5).’
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Or. en
(EU/2010/75/EU)
Justification
Article 15 (3) of Directive 2010/75/EU should only require competent authorities to set
emission limit values (ELVs) within the relevant BAT AEL range in permits to better reflect
the local and site-specific conditions of each installation.
Amendment 266
François-Xavier Bellamy, Céline Imart
Proposal for a directive
Article 2 – paragraph 1 – point 1 b (new)
Directive 2010/75/EU
Article 15 – paragraph 4
Text proposed by the Commission Amendment
(1b) In Article 15, paragraph 4 is
deleted.
Or. fr
Amendment 267
Andrea Wechsler, Christian Ehler, Jens Gieseke, Angelika Niebler, Oliver Schenk,
Norbert Lins, Zala Černilec Tomašič, Peter Liese, Wouter Beke
Proposal for a directive
Article 2 - paragraph 1 – point 1 a (new)
Directive 2010/75/EU
Article 15 – paragraph 4
Present text Amendment
(1a) in Article 15, paragraph 4 is deleted
Or. en
(https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02010L0075-20240804)
Justification
The amendment removes binding environmental performance ranges which would add
complexity beyond the core BAT-based emission limit framework. This ensures that
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permitting remains focused on measurable emission control, reduces administrative burden
and avoids disproportionate requirements.
Amendment 268
Daniel Buda
Proposal for a directive
Article 2– paragraph 1 – point 1 a (new)
Directive 2010/75
Article 15 – paragraph 4
Present text Amendment
(1a) in Article 15, paragraph 4 is deleted.
Or. en
Justification
Requiring competent authorities to set water, waste and resource performance values for all
installations, regardless of their relevance to the sector, would undermine this process, create
inconsistent requirements across Member States and impose unnecessary administrative
burdens without delivering additional environmental benefits.
Amendment 269
Alexander Bernhuber
Proposal for a directive
Article 2 – paragraph 1 – point 1a (new)
Directive 2010/75/EC
Article 15 – paragraph 4
Present text Amendment
(1a) in Article 15, paragraph 4 is deleted:
Or. en
(2010/75/EU)
Justification
AEPLs are obsolete because of several provisions in the special legislative acts such as Water
Framework Directive, Ambient Air Quality Directive, Waste Framework Directive.
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Amendment 270
Elżbieta Katarzyna Łukacijewska, Krzysztof Hetman
Proposal for a directive
Article 2 – paragraph 1 – point 1 b (new)
Directive 2010/75/EC
Article 15 – paragraph 4 – point a
Text proposed by the Commission Amendment
(1b) in Article 15(4), point (a) is deleted
Or. en
Justification
Environmental performance limit values should be deleted as they create an additional layer
of binding permitting and compliance obligations for operators, including operators of large
combustion plants. Consumption levels, resource efficiency concerning materials, water and
energy, and waste generation are already addressed through other EU and national legal
frameworks, including energy efficiency, water, waste and resource-efficiency legislation.
Introducing binding environmental performance limit values under the IED would therefore
risk duplicating existing requirements and increasing administrative complexity, contrary to
the simplification objective of the Omnibus package. Removing this obligation would preserve
the focus of the IED on emissions control and integrated pollution prevention, while avoiding
disproportionate administrative and operational burdens in areas already regulated
elsewhere.
Amendment 271
Pietro Fiocchi
Proposal for a directive
Article 2 – paragraph 1 – point 1 b (new)
Directive 2010/75/EU
Article 15 – paragraph 4 – point a
Present text Amendment
(1b) in Article 15(4), point (a) is
deleted;
Or. en
(https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02010L0075-
20240804&qid=1783407411429)
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Amendment 272
Jeannette Baljeu, Andreas Glück, Ilhan Kyuchyuk, Ana Vasconcelos
Proposal for a directive
Article 2 – paragraph 1 – point 1 a (new)
Directive 2010/75/EU
Article 15 – paragraph 4 – subparagraph 3
Text proposed by the Commission Amendment
(1a) in Article 15(4) , the following
subparagraph is added:
For installations forming part of
European semiconductor technology
initiatives and strategic projects
recognised under Regulation (EU)
XXX/XXX [Chips Act 2], as well as
integrated production facilities and open
EU foundries recognised under
Regulation (EU) 2023/1781, competent
authorities shall take into account the
specific technical characteristics of
semiconductor manufacturing when
applying this paragraph, including
process stability, product quality
requirements and the limited availability
of technically feasible abatement or
substitution alternatives.
Or. en
Justification
Semiconductor manufacturing is essential for Europe’s technological sovereignty and
resilience. This amendment ensures that the existing IED derogation mechanism can take
account of the specific technical constraints of semiconductor production.
Amendment 273
Pietro Fiocchi
Proposal for a directive
Article 2 – paragraph 1 – point 1 c (new)
Directive 2010/75/EU
Article 15 – paragraph 4 – point b
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Present text Amendment
(1c) in Article 15(4), point (b) is
replaced by the following:
(b) set, for normal operating conditions,
indicative environmental performance
levels concerning waste and resources
other than water, which are not less strict
than the binding ranges referred to in the
first subparagraph.
‘(b) set, for normal operating conditions,
indicative environmental performance
levels concerning water, waste and
resources, which are consistent with the
indicative ranges referred to in the first
subparagraph.’
Or. en
(https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02010L0075-
20240804&qid=1783407411429)
Justification
Indicative values would provide the necessary flexibility to adapt resource consumption or
waste generation to site-specific constraints. This would ensure that environmental efforts are
focused where they have a real impact, rather than meeting disproportionate and rigid
targets.
Amendment 274
François-Xavier Bellamy
Proposal for a directive
Article 2 – paragraph 1 – point 1 b (new)
Directive 2010/75/EU
Article 15 – paragraph 4
Present text Amendment
(1b) In Article 15, paragraph 4 is
replaced by the following:
4. Without prejudice to Article 9(2), the
competent authority shall set, for normal
operating conditions, binding ranges for
environmental performance that are not to
be exceeded during one or more periods, as
laid down in the decisions on BAT
conclusions referred to in Article 13(5).
4. Without prejudice to Article 9(2), the
competent authority shall set, for normal
operating conditions, indicative ranges for
environmental performance that are not to
be exceeded during one or more periods, as
laid down in the decisions on BAT
conclusions referred to in Article 13(5).
In addition, the competent authority shall: In addition, the competent authority shall:
(a) set, for normal operating conditions,
environmental performance limit values
(a) set, for normal operating conditions,
environmental performance limit values
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concerning water, having regard to
possible cross-media effects, that are not to
be exceeded during one or more periods,
and which are not less strict than the
binding ranges referred to in the first
subparagraph;
concerning water, having regard to
possible cross-media effects, that are not to
be exceeded during one or more periods,
and which are not less strict than the
indicative ranges referred to in the first
subparagraph;
(b) set, for normal operating conditions,
indicative environmental performance
levels concerning waste and resources
other than water, which are not less strict
than the binding ranges referred to in the
first subparagraph.
(b) set, for normal operating conditions,
indicative environmental performance
levels concerning waste and resources
other than water, which are not less strict
than the indicative ranges referred to in the
first subparagraph.
Or. fr
Amendment 275
Sergio Berlato, Michele Picaro, Pietro Fiocchi, Stefano Cavedagna, Nicola Procaccini,
Antonella Sberna, Paolo Inselvini
Proposal for a directive
Article 1 - paragraph 1 – point 1 a (new)
Directive 2010/75/EU
Article 15 – paragraph 5 – subparagraph 2
Present text Amendment
The competent authority shall document in
an annex to the permit conditions the
reasons for derogating from paragraph 3,
and the result of the assessment referred
to in the first subparagraph of this
paragraph and the justification for the
conditions imposed.
The competent authority may grant
temporary derogations from the
requirements of paragraphs 2 and 3 of
this Article and from Article 11, points (a)
and (b), for the testing and use of
emerging techniques for a total period of
time not exceeding 9 months, pro vided
that after the period specified, either the
technique is stopped or the activity
achieves at least the emission levels asso
ciated with the best available techniques.
Or. en
(https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32010L0075)
Amendment 276
Anna Zalewska
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Proposal for a directive
Article 2 – paragraph 1 – point 1 b (new)
Directive 2010/75/EU
Article 15 – paragraph 5
Present text Amendment
(1b) Article 15, paragraph 5 is replaced
by the following:
5. By way of derogation from paragraph 3,
and without prejudice to Article 18, the
competent authority may, in specific cases,
set emission limit values higher than the
BAT-AELs. Such a derogation may apply
only where an assessment shows that the
achievement of BAT-AELs as described in
BAT conclusions would lead to
disproportionately higher costs compared
to the environmental benefits due to:(a)the
geographical location or the local
environmental conditions of the installation
concerned; or(b)the technical
characteristics of the installation
concerned. The competent authority shall
document in an annex to the permit
conditions the reasons for derogating from
paragraph 3, and the result of the
assessment referred to in the first
subparagraph of this paragraph and the
justification for the conditions
imposed.The emission limit values set in
accordance with the first subparagraph
shall, however, not exceed the emission
limit values set out in the Annexes to this
Directive, where applicable.Derogations
granted in accordance with this paragraph
shall respect the principles set out in Annex
II. The competent authority shall ensure
that the operator provides an assessment of
the impact of the derogation on the
concentration of the pollutants concerned
in the receiving environment and in any
case ensure that no significant pollution is
caused and that a high level of protection
of the environment as a whole is achieved.
Derogations shall not be granted where
they could put at risk compliance with
environmental quality standards referred to
in Article 18.The competent authority shall
‘5. By way of derogation from paragraph 3,
and without prejudice to Article 18, the
competent authority may set emission limit
values higher than the BAT-AELs. Such a
derogation may apply where an assessment
reasonably demonstrates that the
achievement of BAT-AELs as described in
BAT conclusions would result in
disproportionately higher costs compared
to the environmental benefits due to:(a)the
geographical location or the local
environmental conditions of the installation
concerned; (b)the technical characteristics
of the installation concerned; c) the
economic viability, strategic importance
or security of supply of the installation
concerned. The competent authority shall
document in an annex to the permit
conditions the reasons for derogating from
paragraph 3, and the result of the
assessment referred to in the first
subparagraph of this paragraph and the
justification for the conditions
imposed.The emission limit values set in
accordance with the first subparagraph
shall, however, not exceed the emission
limit values set out in the Annexes to this
Directive, where applicable.Derogations
granted in accordance with this paragraph
shall respect the principles set out in Annex
II. The competent authority shall ensure
that the operator provides an assessment of
the impact of the derogation on the
concentration of the pollutants concerned
in the receiving environment and in any
case ensure that no significant pollution is
caused and that a high level of protection
of the environment as a whole is achieved.
Derogations shall not be granted where
they could put at risk compliance with
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re-assess whether derogations granted in
accordance with this paragraph are
justified, every four years or as part of
each reconsideration of the permit
conditions pursuant to Article 21, where
such reconsideration occurs earlier than
four years after the derogation was
granted.The Commission shall adopt an
implementing act to establish a
standardised methodology for assessing the
disproportionality between the costs of
implementation of the BAT conclusions
and the potential environmental benefits
referred to in the first subparagraph. That
implementing act shall be adopted in
accordance with the examination procedure
referred to in Article 75(2).
environmental quality standards referred to
in Article 18.The competent authority shall
re-assess whether derogations granted in
accordance with this paragraph are
justified, every eight years or as part of
each reconsideration of the permit
conditions pursuant to Article 21, where
such reconsideration occurs earlier than
four years after the derogation was
granted.The Commission shall adopt an
implementing act to establish a
standardised methodology for assessing the
disproportionality between the costs of
implementation of the BAT conclusions
and the potential environmental benefits
referred to in the first subparagraph. That
implementing act shall be adopted in
accordance with the examination procedure
referred to in Article 75(2).’
Or. en
((https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02010L0075-20240804))
Amendment 277
Alexander Bernhuber
Proposal for a directive
Article 2 – paragraph 1 – point 1 b (new)
Directive 2010/75/EC
Article 15 – paragraph 5
Present text Amendment
(1b) in Article 15, paragraph 5 is replaced
by the following:
By way of derogation from paragraph 3,
and without prejudice to Article 18, the
competent authority may, in specific cases,
set emission limit values higher than the
BAT-AELs. Such a derogation may apply
only where an assessment shows that the
achievement of BAT-AELs as described in
BAT conclusions would lead to
disproportionately higher costs compared
to the environmental benefits due to:
‘By way of derogation from paragraph 3,
and without prejudice to Article 18, the
competent authority may, in specific cases,
set emission limit values higher than the
BAT-AELs. Such a derogation may apply
only where an assessment shows that the
achievement of BAT-AELs as described in
BAT conclusions would lead to
disproportionately higher costs compared
to the environmental benefits due to:
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(a) the geographical location or the local
environmental conditions of the installation
concerned; or
(a) the geographical location or the local
environmental conditions of the installation
concerned; or
(b) the technical characteristics of the
installation concerned.
(b) the technical characteristics of the
installation concerned.
The competent authority shall document in
an annex to the permit conditions the rea-
sons for derogating from paragraph 3, and
the result of the assessment referred to in
the first subparagraph of this paragraph and
the justification for the conditions imposed.
The competent authority shall document in
an annex to the permit conditions the rea-
sons for derogating from paragraph 3, and
the result of the assessment referred to in
the first subparagraph of this paragraph and
the justification for the conditions imposed.
The emission limit values set in accordance
with the first subparagraph shall, however,
not exceed the emission limit values set out
in the Annexes to this Directive, where
applicable.
The emission limit values set in accordance
with the first subparagraph shall, however,
not exceed the emission limit values set out
in the Annexes to this Directive, where
applicable.
Derogations granted in accordance with
this paragraph shall respect the principles
set out in Annex II. The competent
authority shall ensure that the operator
provides an assessment of the impact of
the derogation on the concentration of the
pollutants concerned in the receiving
environment and in any case ensure that
no significant pollution is caused and that a
high level of protection of the environment
as a whole is achieved. Derogations shall
not be granted where they could put at
risk compliance with environmental
quality standards referred to in Article 18.
The competent authority shall in any case
ensure that no significant pollution is
caused and that a high level of protection
of the environment as a whole is achieved.
The competent authority shall re-assess
whether derogations granted in accordance
with this paragraph are justified, every four
years or as part of each reconsideration of
the permit conditions pursuant to Article
21, where such reconsideration occurs
earlier than four years after the derogation
was granted.
The competent authority shall re-assess
whether derogations granted in accordance
with this paragraph are justified, every four
years or as part of each reconsideration of
the permit conditions pursuant to Article
21, where such reconsideration occurs
earlier than four years after the derogation
was granted.
On the basis of information provided by
Member States in accordance with Article
72(1), in particular concerning the
application of this paragraph, the
Commission may, where necessary, assess
and further clarify, through guidance, the
criteria to be taken into account for the
application of this paragraph.’
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The Commission shall adopt an
implementing act to establish
a standardised methodology for assessing
the disproportionality between the costs of
implementation of the BAT conclusions
and the potential environmental benefits
referred to in the first subparagraph. That
implementing act shall be adopted in
accordance with the examination procedure
referred to in Article 75(2).
The Commission shall adopt an
implementing act to establish
a standardised methodology for assessing
the disproportionality between the costs of
implementation of the BAT conclusions
and the potential environmental benefits
referred to in the first subparagraph. That
implementing act shall be adopted in
accordance with the examination procedure
referred to in Article 75(2).
Or. en
(2010/75/EU)
Justification
This proposal intends to change the new requirements of Annex II, which authorities must
consider when granting exemptions and which are overly ambitious and burdensome.
Furthermore, the implementing act – introduced in 2024 - which in turn creates additional
bureaucracy, is unnecessary when a guideline can serve the same purpose.
Amendment 278
Andrea Wechsler, Christian Ehler, Jens Gieseke, Angelika Niebler, Oliver Schenk,
Norbert Lins, Zala Černilec Tomašič, Peter Liese, Wouter Beke
Proposal for a directive
Article 2 – paragraph 1 – point 1 b (new)
Directive 2010/75/EU
Article 15 – paragraph 6
Text proposed by the Commission Amendment
(1b) in Article 15, paragraph 6 is deleted;
Or. en
(https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02010L0075-20240804)
Justification
The amendment is consequential to the deletion of binding environmental performance
ranges. Removing the related derogation mechanism avoids redundant procedures, simplifies
the legal framework and ensures that competent authorities and operators are not subject to
unnecessary administrative steps.
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Amendment 279
Alexander Bernhuber
Proposal for a directive
Article 2 – paragraph 1 – point 1 c (new)
Directive 2010/75/EU
Article 15 – paragraph 6
Present text Amendment
(1c) in Article 15, paragraph 6 is deleted;
Or. en
(2010/75/EU)
Justification
AEPLs are obsolete because of several provisions in the special legislative acts such as Water
Framework Directive, Ambient Air Quality Directive, Waste Framework Directive.
Amendment 280
Andrea Wechsler, Christian Ehler, Jens Gieseke, Angelika Niebler, Oliver Schenk,
Norbert Lins, Zala Černilec Tomašič, Peter Liese, Wouter Beke
Proposal for a directive
Article 2 – paragraph 1 – point 1 c (new)
Directive 2010/75/EU
Article 15 – paragraph 7
Present text Amendment
(1c) in Article 15, paragraph 7 is replaced
by the following:
7. By way of derogation from paragraphs 3
and 4, and provided that no significant
pollution is caused and all measures
resulting in less pollution have been
exhausted, the competent authority may
set less strict emission limit values or
environmental performance limit values
in the event of a crisis due to extraordinary
circumstances beyond the control of the
operator and Member States, leading to a
severe disruption or shortage of: (a) energy
supplies, provided that there is an
overriding public interest in security of
‘7. By way of derogation from paragraphs
3 and 4, the competent authority may set
less strict emission limit values in the event
of a crisis due to extraordinary
circumstances beyond the control of the
operator and Member States, leading to a
severe disruption or shortage of: (a) energy
supplies, provided that there is an
overriding public interest in security of
energy supply; (b) resources, materials or
equipment essential for the operator to
perform activities of public interest, in
compliance with the applicable emission
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energy supply; (b) resources, materials or
equipment essential for the operator to
perform activities of public interest, in
compliance with the applicable emission
limit values or environmental
performance limit values; or (c) essential
resources, materials or equipment where
the production output compensates for such
shortage or disruption, for reasons of
public health or public safety or for other
imperative reasons of overriding public
interest. The derogation shall not be
granted for more than three months. If the
reasons justifying the granting of a
derogation persist, the derogation may be
prolonged for a maximum period of three
months. As soon as the supply conditions
are restored or where there is an alternative
to the energy supplies, resources, materials
or equipment, the Member State shall
ensure that the decision to set less strict
emission limit values and environmental
performance limit values ceases to have
effect, and the installation shall comply
with permit conditions set in accordance
with paragraphs 3 and 4. The Member
States shall take measures to ensure that
emissions resulting from the derogation
referred to in the first subparagraph are
monitored. The competent authority shall
make information on the derogation and
the conditions imposed publicly available
in accordance with Article 24 (2). The
Commission may, where necessary, assess
and further clarify, through guidance, the
criteria to be taken into account for the
appli cation of this paragraph. Member
States shall notify the Commission of any
derogation granted under this paragraph,
including the reasons justifying the
granting of the derogation and the
conditions imposed. The Commission
shall assess whether the derogation
granted is justified having due regard to
the criteria set in this paragraph. If the
Commission raises objections within 2
months of the notification by the Member
limit values; or (c) essential resources,
materials or equipment where the
production output compensates for such
shortage or disruption, for reasons of
public health or public safety or for other
imperative reasons of overriding public
interest. The derogation shall not be
granted for more than six months. If the
reasons justifying the granting of a
derogation persist, the derogation may be
prolonged for a maximum period of six
months. As soon as the supply conditions
are restored or where there is an alternative
to the energy supplies, resources, materials
or equipment, the Member State shall
ensure that the decision to set less strict
emission limit values ceases to have effect,
and the installation shall comply with
permit conditions set in accordance with
paragraphs 3 and 4. The Member States
shall take measures to ensure that
emissions resulting from the derogation
referred to in the first subparagraph are
monitored. The competent authority shall
make information on the derogation and
the conditions imposed publicly available
in accordance with Article 24 (2). The
Commission may, where necessary, assess
and further clarify, through guidance, the
criteria to be taken into account for the
appli cation of this paragraph. Member
States shall notify the Commission of any
derogation granted under this paragraph,
including the reasons justifying the
granting of the derogation and the
conditions imposed. ’;
AM\1348825EN.docx 17/158 PE791.123v02-00
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State, the Member States shall without
delay revise the derogation accordingly.
Or. en
(https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02010L0075-20240804)
Justification
The amendment ensures that crisis derogations are workable in extraordinary circumstances
affecting energy supply, critical resources or activities of public interest. Extending the time
limits provides greater operational realism, while maintaining monitoring, transparency and
notification requirements and ensuring that derogations cease once supply conditions are
restored.
Amendment 281
Alexander Bernhuber
Proposal for a directive
Article 2 – paragraph 1 – point 1 d (new)
Directive 2010/75/EU
Article 15 – paragraph 7
Present text Amendment
(1d) in Article 15, paragraph 7 is replaced
by the following:
7. By way of derogation from paragraphs
3 and 4, and provided that no significant
pollution is caused and all measures
resulting in less pollution have been
exhausted, the competent authority may set
less strict emission limit values or
environmental performance limit values
in the event of a crisis due to extraordinary
circumstances beyond the control of the
operator and Member States, leading to a
severe disruption or shortage of:
‘7. By way of derogation from paragraph
3, and provided that no significant
pollution is caused and all measures
resulting in less pollution have been
exhausted, the competent authority may set
less strict emission limit values in the event
of a crisis due to extraordinary
circumstances beyond the control of the
operator and Member States, leading to a
severe disruption or shortage of:
(a) energy supplies, provided that there is
an overriding public interest in security of
energy supply;
(a) energy supplies, provided that there is
an overriding public interest in security of
energy supply;
(b) resources, materials or equipment
essential for the operator to perform
activities of public interest, in compliance
with the applicable emission limit values or
(b) resources, materials or equipment
essential for the operator to perform
activities of public interest, in compliance
with the applicable emission limit values or
PE791.123v02-00 18/158 AM\1348825EN.docx
EN
environmental performance limit values;
or
(c) essential resources, materials or
equipment where the production output
compensates for such shortage or
disruption, for reasons of public health or
public safety or for other imperative
reasons of overriding public interest.
(c) essential resources, materials or
equipment where the production output
compensates for such shortage or
disruption, for reasons of public health or
public safety or for other imperative
reasons of overriding public interest.
The derogation shall not be granted for
more than three months. If the reasons
justifying the granting of a derogation
persist, the derogation may be prolonged
for a maximum period of three months.
The derogation shall not be granted for
more than three months. If the reasons
justifying the granting of a derogation
persist, the derogation may be prolonged
for a maximum period of three months.
As soon as the supply conditions are
restored or where there is an alternative to
the energy supplies, resources, materials or
equipment, the Member State shall ensure
that the decision to set less strict emission
limit values and environmental
performance limit values ceases to have
effect, and the installation shall comply
with permit conditions set in accordance
with paragraphs 3 and 4.
As soon as the supply conditions are
restored or where there is an alternative to
the energy supplies, resources, materials or
equipment, the Member State shall ensure
that the decision to set less strict emission
limit values ceases to have effect, and the
installation shall comply with permit
conditions set in accordance with
paragraph 3.
The Member States shall take measures to
ensure that emissions resulting from the
derogation referred to in the first
subparagraph are monitored.
The Member States shall take measures to
ensure that emissions resulting from the
derogation referred to in the first
subparagraph are monitored.
The competent authority shall make
information on the derogation and the
conditions imposed publicly available in
accordance with Article 24 (2).
The competent authority shall make
information on the derogation and the
conditions imposed publicly available in
accordance with Article 24 (2).
The Commission may, where necessary,
assess and further clarify, through
guidance, the criteria to be taken into
account for the application of this
paragraph.
The Commission may, where necessary,
assess and further clarify, through
guidance, the criteria to be taken into
account for the application of this
paragraph. Member States shall notify the
Commission of any derogation granted
under this paragraph, including the reasons
justifying the granting of the derogation
and the conditions imposed.’;
Member States shall notify the
Commission of any derogation granted
under this paragraph, including the
reasons justifying the granting of the
derogation and the conditions imposed.
AM\1348825EN.docx 19/158 PE791.123v02-00
EN
Or. en
(2010/75/EU)
Justification
AEPLs are obsolete because of several provisions in the special legislative acts such as
Water Framework Directive, Ambient Air Quality Directive, Waste Framework Directive.
Amendment 282
Jeannette Baljeu, Andreas Glück, Ilhan Kyuchyuk
Proposal for a directive
Article 2 – paragraph 1 – point 1 a (new)
Directive 2010/75/EU
Article 15 – paragraph 7 a (new)
Text proposed by the Commission Amendment
(1a) in Article 15, the following
paragraph is inserted:
‘7a. For the purposes of paragraph 7,
activities, investments or production
outputs necessary for defence readiness,
defence-critical production, the secure
supply of ammunition, munitions, military
equipment, or other defence-critical
materials, or the protection of national
security may be considered to serve public
safety or imperative reasons of overriding
public interest, where the conditions set
out in that paragraph are fulfilled.’;
Or. en
Justification
Derogations already exist in Union environmental legislation on grounds such as overriding
public interest, public safety or crisis situations. In the current security environment, it should
be clear that such grounds may also cover defence readiness activities and investments,
including the continuity of defence-critical production and the secure supply of ammunition,
munitions, military equipment and other essential materials. This amendment clarifies the
application of the existing IED crisis derogation to defence-related situations, without
creating a general exemption from the Directive and while maintaining the existing
safeguards on pollution prevention, proportionality and time limitation.
PE791.123v02-00 20/158 AM\1348825EN.docx
EN
Amendment 283
Daniel Buda
Proposal for a directive
Article 2 – paragraph 1 – point 1 b (new)
Directive 2010/75/EU
Article 16 – paragraph 2
Present text Amendment
(1b) In Article 16, paragraph 2 is
replaced by the following:
2. The frequency of the periodic
monitoring referred to in Article 14(1),
point (e), shall be determined by the
competent authority in a permit for each
individual installation or in general
binding rules.
2. The frequency of the periodic
monitoring referred to in Article 14(1),
point (e), shall be determined by the
competent authority in general binding
rules.
Monitoring requirements may be replaced
by equivalent monitoring or technical
measures ensuring an equivalent level of
environmental protection.
The monitoring frequency may be
reduced if the emission levels are proven
to be sufficiently stable.
Without prejudice to the first
subparagraph, periodic monitoring shall be
carried out as set out in the BAT
conclusions, where applicable, and at least
once every 4 years for groundwater and 9
years for soil, unless such monitoring is
based on a systematic appraisal of the risk
of contamination.
Without prejudice to the first
subparagraph, periodic monitoring shall be
carried out as set out in the BAT
conclusions, where applicable, and at least
once every 4 years for groundwater and 9
years for soil, unless such monitoring is
based on a systematic appraisal of the risk
of contamination.’;
Or. en
Justification
Installations experience huge increases in monitoring requirements being introduced in the
BAT conclusions, which result in large administrative burdens with no real environmental
effect. The environmental authorities do not have possibilities to alter the frequency of the
monitoring or approve alternative methods for measurements and monitoring.
Amendment 284
Jessica Polfjärd
AM\1348825EN.docx 21/158 PE791.123v02-00
EN
Proposal for a directive
Article 2 – paragraph 1 – point 1 a (new)
Directive (EU) 2010/75/EU
Article 16 – paragraph 2
Present text Amendment
(1a) in Article 16, paragraph 2 is replaced
by the following:
2. The frequency of the periodic
monitoring referred to in Article 14(1),
point (e), shall be determined by the
competent authority in a permit for each
individual installation or in general
binding rules.
‘2. The frequency of the periodic
monitoring referred to in Article 14(1),
point (e), shall be determined by the
competent authority in general binding
rules.
Monitoring requirements may be replaced
by equivalent monitoring or technical
measures ensuring an equivalent level of
environmental protection.
The monitoring frequency may be
reduced if the emission levels are proven
to be sufficiently stable.
Without prejudice to the first
subparagraph, periodic monitoring shall be
carried out as set out in the BAT
conclusions, where applicable, and at least
once every 4 years for groundwater and 9
years for soil, unless such monitoring is
based on a systematic appraisal of the risk
of contamination.
Without prejudice to the first
subparagraph, periodic monitoring shall be
carried out as set out in the BAT
conclusions, where applicable, and at least
once every 4 years for groundwater and 9
years for soil, unless such monitoring is
based on a systematic appraisal of the risk
of contamination.’;
Or. en
(02010L0075-20240804)
Amendment 285
François-Xavier Bellamy, Céline Imart
Proposal for a directive
Article 2 – paragraph 1 – point 1 c (new)
Directive 2010/75/EU
Article 16 – paragraph 2
PE791.123v02-00 22/158 AM\1348825EN.docx
EN
Present text Amendment
(1c) In Article 16, paragraph 2 is
replaced by the following:
2. The frequency of the periodic
monitoring referred to in Article 14(1),
point (e), shall be determined by the
competent authority in a permit for each
individual installation or in general
binding rules.
‘2. The frequency of the periodic
monitoring referred to in Article 14(1),
point (e), shall be determined by the
competent authority in general binding
rules.
Monitoring requirements may be replaced
by equivalent monitoring measures or
technical measures ensuring an
equivalent level of environmental
protection.
The monitoring frequency may be
reduced if the emission levels are proven
to be sufficiently stable.
Without prejudice to the first
subparagraph, periodic monitoring shall be
carried out as set out in the BAT
conclusions, where applicable, and at least
once every 4 years for groundwater and 9
years for soil, unless such monitoring is
based on a systematic appraisal of the risk
of contamination.
Without prejudice to the first
subparagraph, periodic monitoring shall be
carried out as set out in the BAT
conclusions, where applicable, and at least
once every 4 years for groundwater and 9
years for soil, unless such monitoring is
based on a systematic appraisal of the risk
of contamination.’
Or. fr
Amendment 286
Ondřej Knotek, Jana Nagyová, Antonín Staněk, Anne-Sophie Frigout
Proposal for a directive
Article 2 – paragraph 1 – point 1 b (new)
Directive 2010/75/EU
Article 16 – paragraph 4
Present text Amendment
(1b) in Article 16, paragraph 4 is replaced
by the following:
4. Where the assessment referred to in
Article 15(5) demonstrates that the
derogation will have a quantifiable or
measurable effect on the environment,
‘4. Where the assessment referred to in
Article 15(5) demonstrates that the
derogation will have a measurable and
significant effect on the environment,
AM\1348825EN.docx 23/158 PE791.123v02-00
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Member States shall ensure that the
concentration of the pollutants concerned is
monitored in the receiving environment.
Where relevant, monitoring and measuring
methods for each pollutant concerned
which are set out in other relevant Union
legislation shall be used for the purpose of
the monitoring referred to in this
paragraph.
Member States shall ensure that the
concentration of the pollutants concerned is
monitored in the receiving environment.
Where relevant, monitoring and measuring
methods for each pollutant concerned
which are set out in other relevant Union
legislation shall be used for the purpose of
the monitoring referred to in this
paragraph.’;
Or. en
(Directive (EU) 2024/1785, amending Directive 2010/75/EU)
Justification
If a technical study identifies only a negligible contribution, for example to the existing
background pollution, there is no need to introduce monitoring of the pollutant concerned in
the receiving environment.
Amendment 287
Andrea Wechsler, Christian Ehler, Jens Gieseke, Angelika Niebler, Oliver Schenk,
Norbert Lins, Zala Černilec Tomašič, Peter Liese, Wouter Beke
Proposal for a directive
Article 2 – paragraph 1 – point 1 d (new)
Directive 2010/75/EU
Article 18
Present text Amendment
(1d) Article 18 is replaced by the
following:
Environmental quality standards Where an
environmental quality standard requires
stricter conditions than those achievable by
the use of the best available techniques,
additional measures shall be included in
the permit, with a view to reducing the
specific contribution of the installation to
the pollution occurring in the relevant
area, without prejudice to other measures
which may be taken to comply with
environmental quality standards. Where
stricter conditions have been included in
the permit in accordance with the first
paragraph, the competent authority shall
‘Environmental quality standards Where an
environmental quality standard requires
stricter conditions than those achievable by
the use of the best available techniques,
additional measures may be included in the
permit, without prejudice to other measures
which may be taken to comply with
environmental quality standards.’
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assess the impact of the stricter conditions
on the concentration of the pollutants
concerned in the receiving environment.
Where the load of pollutants emitted by
the installation has a quan tifiable or
measurable effect on the environment,
Member States shall ensure that the
concentration of the pollutants concerned
in the receiving environment is
monitored. The results of such monitoring
shall be transmitted to the competent
authority. Where monitoring and
measurement methods for the pollutants
concerned are set out in other relevant
Union legislation, such methods,
including effect-based methods as
appropriate, shall be used for the purpose
of the monitoring referred to in the third
paragraph.
Or. en
(https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02010L0075-20240804)
Justification
The amendment ensures a more proportionate application of additional permit conditions
where environmental quality standards require stricter measures than those achievable
through BAT. It avoids automatic additional burdens where other measures may be more
effective.
Amendment 288
Ondřej Knotek, Jana Nagyová, Antonín Staněk, Anne-Sophie Frigout
Proposal for a directive
Article 2 – paragraph 1 – point 1 c (new)
Directive 2010/75/EU
Article 18
Present text Amendment
(1c). Article 18 is replaced by the
following:
Article 18 ‘Article 18
Environmental quality standards Environmental quality standards
AM\1348825EN.docx 25/158 PE791.123v02-00
EN
Where an environmental quality standard
requires stricter conditions than those
achievable by the use of the best available
techniques, additional measures shall be
included in the permit, with a view to
reducing the specific contribution of the
installation to the pollution occurring in
the relevant area, without prejudice to
other measures which may be taken to
comply with environmental quality
standards.
Where an environmental quality standard
requires stricter conditions than those
achievable by the use of the best available
techniques, additional measures may be
included in the permit, without prejudice to
other measures which may be taken to
comply with environmental quality
standards.’;
Where stricter conditions have been
included in the permit in accordance with
the first paragraph, the competent
authority shall assess the impact of the
stricter conditions on the concentration of
the pollutants concerned in the receiving
environment.
Where the load of pollutants emitted by
the installation has a quantifiable or
measurable effect on the environment,
Member States shall ensure that the
concentration of the pollutants concerned
in the receiving environment is
monitored. The results of such monitoring
shall be transmitted to the competent
authority.
Or. en
(Directive (EU) 2024/1785, amending Directive 2010/75/EU)
Amendment 289
Sergio Berlato, Michele Picaro, Pietro Fiocchi, Stefano Cavedagna, Nicola Procaccini,
Antonella Sberna, Paolo Inselvini
Proposal for a directive
Article 2 – paragraph 1- point 1 b (new)
Directive 2010/75/EU
Article 18
Present text Amendment
(1b) Article 18 is replaced by the
following:
PE791.123v02-00 26/158 AM\1348825EN.docx
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Where an environmental quality standard
requires stricter condi tions than those
achievable by the use of the best available
tech niques, additional measures shall be
included in the permit, without prejudice
to other measures which may be taken to
com ply with environmental quality
standards.
‘Following the failure to achieve an
environmental quality standard, the
competent authority shall consider
including additional conditions in the
authorisation to reduce the specific
contribution of the installation to
pollution occurring in the relevant area,
without prejudice to other measures that
may be taken to comply with
environmental quality standards and
taking into account the technical-
economic feasibility of such additional
conditions.
Where stricter conditions have been
included in the permit in accordance with
the first paragraph, the competent
authority shall assess the impact of the
stricter conditions on the concentration of
the pollutants concerned in the receiving
environment.
Where the load of pollutants emitted by
the installation has a quantifiable or
measurable effect on the environment,
Member States shall ensure that the
concentration of the pollutants concerned
in the receiving environment is
monitored. The results of such monitoring
shall be transmitted to the competent
authority. Where monitoring and
measurement methods for the pollutants
concerned are set out in other relevant
Union legislation, such methods,
including effect-based methods as
appropriate, shall be used for the purpose
of the monitoring referred to in the third
paragraph.’;
Or. en
(https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32010L0075)
Amendment 290
Carmen Crespo Díaz, Dolors Montserrat
Proposal for a directive
Article 2 – paragraph 1 – point 1 a (new)
AM\1348825EN.docx 27/158 PE791.123v02-00
EN
Directive 2010/75/EU
Article 20 – paragraph 2 – subparagraph 3 (new)
Text proposed by the Commission Amendment
(1a) In Article 20(2), the following
subparagraph is added:
‘Member States shall establish shortened
procedures for updating permits in the
case of substantial changes to
installations that have positive
environmental impacts.’
Or. es
Justification
Member States should provide for fast-track procedures for installations that provide for
substantial changes with the aim of improving their environmental performance.
Amendment 291
Elżbieta Katarzyna Łukacijewska, Krzysztof Hetman
Proposal for a directive
Article 2 – paragraph 1 – point 1 c (new)
Directive 2010/75/EU
Article 21 – paragraph 3 a (new)
Text proposed by the Commission Amendment
(1c) in Article 21, the following
paragraph is inserted:
3a. For installations for which a
decommissioning date has been set by
law, the obligation to update the permit
referred to in paragraph 3 shall not apply,
provided that the remaining operating
period is limited and that the competent
authority considers that such update
would be disproportionate in view of the
remaining lifetime of the installation and
the expected environmental benefits.
Or. en
PE791.123v02-00 28/158 AM\1348825EN.docx
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Justification
For installations with a statutory closure date, full permit updates and related retrofits may
be disproportionate where they would deliver only limited environmental benefits during the
remaining operating period. A targeted clause would reduce unnecessary burden while
preserving the competent authority’s assessment role.
Amendment 292
François-Xavier Bellamy
Proposal for a directive
Article 2 – paragraph 1 – point 1 c (new)
Directive 2010/75/EU
Article 21 – paragraph 3 – introductory part
Text proposed by the Commission Amendment
(1c) In Article 21(3), the introductory part
is replaced by the following:
3. Within 4 years of publication of
decisions on BAT conclusions in
accordance with Article 13(5) relating to
the main activity of an installation, the
competent authority shall ensure that:
‘3. Within 8 years of publication of
decisions on BAT conclusions in
accordance with Article 13(5) relating to
the main activity of an installation, the
competent authority shall ensure that:’
Or. fr
Amendment 293
Sergio Berlato, Michele Picaro, Pietro Fiocchi, Stefano Cavedagna, Nicola Procaccini,
Antonella Sberna, Paolo Inselvini
Proposal for a directive
Article 2 – paragraph 1 – point 1 c (new)
Directive 2010/75/EU
Article 21 – paragraph 3
Present text Amendment
(1c) in Article 21, paragraph 3 is replaced
by the following:
3. Within 4 years of publication of
decisions on BAT conclusions in
accordance with Article 13(5) relating to
‘3. Within 8 years of publication of
decisions on BAT conclusions in
accordance with Article 13(5) relating to
AM\1348825EN.docx 29/158 PE791.123v02-00
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the main activity of an installation, the
competent authority shall ensure that:
the main activity of an installation, the
competent authority shall ensure that:’
(a) all the permit conditions for the
installation concerned are reconsidered
and, if necessary, updated to ensure
compliance with this Directive, in
particular, with Article 15(3), (4) and (5),
where applicable;
(a) all the permit conditions for the
installation concerned are reconsidered
and, if necessary, updated to ensure
compliance with this Directive, in
particular, with Article 15(3) and (4),
where applicable;
(b) the installation complies with those
permit conditions.
(b) the installation complies with those
permit conditions.
The reconsideration shall take into account
all the new or updated BAT conclusions
applicable to the installation and adopted in
accordance with Article 13(5) since the
permit was granted or last reconsidered.
The reconsideration shall take into account
all the new or updated BAT conclusions
applicable to the installation and adopted in
accordance with Article 13(5) since the
permit was granted or last reconsidered."
Or. en
(https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32010L0075)
Amendment 294
Ondřej Knotek, Jana Nagyová, Antonín Staněk, Anne-Sophie Frigout, Viktória Ferenc
Proposal for a directive
Article 2 – paragraph 1 – point 1a (new)
Directive 2010/75/EU
Article 21 – paragraph 3
Present text Amendment
(1a) in Article 21, paragraph 3 is replaced
by the following:
3. Within 4 years of publication of
decisions on BAT conclusions in
accordance with Article 13(5) relating to
the main activity of an installation, the
competent authority shall ensure that:
‘3. Within 8 years of publication of
decisions on BAT conclusions in
accordance with Article 13(5) relating to
the main activity of an installation, the
competent authority shall ensure that:
(a) all the permit conditions for the
installation concerned are reconsidered
and, if necessary, updated to ensure
compliance with this Directive, in
particular, with Article 15(3), (4) and (5),
where applicable;
(a) all the permit conditions for the
installation concerned are reconsidered
and, if necessary, updated to ensure
compliance with this Directive, in
particular, with Article 15(3) and (5),
where applicable;
PE791.123v02-00 30/158 AM\1348825EN.docx
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(b) the installation complies with those
permit conditions.
(b) the installation complies with those
permit conditions.
The reconsideration shall take into account
all the new or updated BAT conclusions
applicable to the installation and adopted in
accordance with Article 13(5) since the
permit was granted or last reconsidered.
The reconsideration shall take into account
all the new or updated BAT conclusions
applicable to the installation and adopted in
accordance with Article 13(5) since the
permit was granted or last reconsidered.’
Or. en
(Directive (EU) 2024/1785, amending Directive 2010/75/EU)
Amendment 295
Sergio Berlato, Michele Picaro, Pietro Fiocchi, Stefano Cavedagna, Nicola Procaccini,
Antonella Sberna, Paolo Inselvini
Proposal for a directive
Article 2 – paragraph 1 – point 1 d (new)
Directive 2010/75/EU
Article 21 – paragraph 5
Present text Amendment
(1d) In Article 21, paragraph 5 is replaced
by the following:
5. The permit conditions shall be
reconsidered and, where necessary,
updated at least in the following cases:
‘"5. The permit conditions shall be
reconsidered and, where necessary,
updated at least in the following cases :
(a) the pollution caused by the installation
is of such significance that the existing
emission limit values of the permit need to
be revised or new such values need to be
included in the permit;
(a) the pollution caused by the installation
is of such significance that the existing
emission limit values of the permit need to
be revised or new such values need to be
included in the permit;
(b) the operational safety requires other
techniques to be use;
(b) the operational safety requires other
techniques to be use ;
(c) where it is necessary to comply with an
environmental quality standard referred to
in Article 18, including in the case of a
new or revised quality standard or where
the status of the receiving environment
requires a revision of the permit, in the
context of the procedure referred to in
Article 20 and Article 21, paragraph 3, in
order to achieve compliance with plans
(c) where it is necessary to comply with a
new or revised environmental quality
standard in accordance with Article 18.’
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and programmes set under Union
legislation;
(d) in the case of a request from the
operator to extend the duration of the
operation of an installation undertaking
the activity referred to in Annex I, point
5.4."
Or. en
(https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32010L0075)
Amendment 296
Pietro Fiocchi
Proposal for a directive
Article 2 – paragraph 1 – point 1 d(new)
Directive 2010/75/EU
Article 24 – paragraph 1 – point d
Present text Amendment
(1d) in Article 24(1), point (d) is
deleted;
Or. en
(https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02010L0075-
20240804&qid=1783407411429)
Justification
Extending public participation to all procedures for adapting installations to the state of the
art (BAT) is disproportionate. Existing permitting procedures already adequately incorporate
public consultation for substantial changes. Generalising this obligation to all new permits
resulting from IED reviews would significantly prolong permit delivery times.
Amendment 297
Pietro Fiocchi
Proposal for a directive
Article 2 – paragraph 1 – point 1 e(new)
Directive 2010/75/EU
Article 24 – paragraph 1 – point e
PE791.123v02-00 32/158 AM\1348825EN.docx
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Present text Amendment
(1e) in Article 24(1), point (e) is
deleted;
Or. en
(https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02010L0075-
20240804&qid=1783407411429)
Justification
Extending public participation to all procedures for adapting installations to the state of the
art (BAT) is disproportionate. Existing permitting procedures already adequately incorporate
public consultation for substantial changes. Generalising this obligation to all new permits
resulting from IED reviews would significantly prolong permit delivery times.
Amendment 298
Elżbieta Katarzyna Łukacijewska, Krzysztof Hetman
Proposal for a directive
Article 2 – paragraph 1 – point 1d (new)
Directive 2010/75/EU
Article 24 – paragraph 2 – point a
Present text Amendment
1 d. in Article 24(2), point (a) is
replaced by the following:
(a) the content of the decision, including
a copy of the permit and any subsequent
updates, including consolidated permit
conditions where relevant;
‘(a) the content of the decision, including a
copy of the permit and any subsequent
updates;’;
Or. en
Justification
The wording “including consolidated permit conditions where relevant” is unclear and may
create additional administrative burden for competent authorities and operators. It should
remain for competent authorities to decide whether consolidation is appropriate in a given
case.
Amendment 299
Anna Zalewska
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Proposal for a directive
Article 2 – paragraph 1 – point 1 c (new)
Directive 2010/75/EU
Article 24 – paragraph 3
Present text Amendment
(1c) in Article 24, paragraph 3 is
replaced by the following:
‘3. The competent authority shall also
make available to the public, including
systematically via the internet, on a
webpage which is easy to find, free of
charge and without restricting access to
registered users, the following:(a)relevant
information on the measures taken by the
operator upon definitive cessation of
activities in accordance with Article
22;(b)the results of emission monitoring as
required under the permit conditions and
held by the competent authority;(c)the
results of the monitoring referred to in
Article 16(4) and in Article 18.’
‘3. The competent authority shall ensure
access to the following information, based
on aggregated data:(a)relevant information
on the measures taken by the operator upon
definitive cessation of activities in
accordance with Article 22;(b)the
summary of emission monitoring as
required under the permit conditions and
held by the competent authority, excluding
commercially confidential
information;(c)the summary of the
monitoring referred to in Article 16(4) and
in Article 18.’
Or. en
((https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02010L0075-20240804))
Amendment 300
Andrea Wechsler, Christian Ehler, Jens Gieseke, Angelika Niebler, Oliver Schenk,
Norbert Lins, Zala Černilec Tomašič, Peter Liese, Wouter Beke
Proposal for a directive
Article 2 – paragraph 1 – point 1 e (new)
Directive 2010/75/EU
Article 27a – paragraph 3 – point g
Present text Amendment
(1e) in Article 27a(3), point (g) is deleted;
Or. en
(https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02010L0075-20240804)
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Justification
The amendment streamlines the composition of the centre by focusing its assistance on public
institutions, research bodies, industry, farmers, technology providers, Member States and the
Commission. This strengthens technical and implementation-oriented expertise, reduces
procedural complexity and supports the deployment of innovative and emerging techniques.
Amendment 301
Ondřej Knotek, Jana Nagyová, Antonín Staněk, Anne-Sophie Frigout, Roman Haider,
Viktória Ferenc
Proposal for a directive
Article 2 c– paragraph 1 – point 1b (new)
Directive 2010/75/EU
Article 27a – paragraph 3 – point g
Present text Amendment
"
(1b) in Article 27a(3), point (g) is deleted;
Or. en
(Directive (EU) 2024/1785, amending Directive 2010/75/EU)
Amendment 302
François-Xavier Bellamy, Céline Imart
Proposal for a directive
Article 2 – paragraph 1 – point 1 d (new)
Directive 2010/75/EU
Article 27a – paragraph 3 – point e
Present text Amendment
(1d) In Article 27a(3), point (e) is
replaced by the following:
(e) representatives of the industries and
farmers concerned;
‘(e) representatives of the industries
concerned;’
Or. fr
Amendment 303
Ondřej Knotek, Jana Nagyová, Antonín Staněk, Anne-Sophie Frigout
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Proposal for a directive
Article 2 d – paragraph 1 – point 1 d (new)
Directive 2010/75/EU
Article 27c
Present text Amendment
(1d) Article 27c is replaced by the
following:
Article 27c ‘Article 27c
Emission levels and indicative
environmental performance values
associated with emerging techniques
Emission levels and indicative
environmental performance values
associated with emerging techniques
By way of derogation from Article 21(3),
the competent authority may set:
By way of derogation from Article 21(3),
the competent authority may set:
(a) 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 do not, under
normal operating conditions, exceed
emission levels associated with emerging
techniques as laid down in the decisions on
BAT conclusions;
(a) indicative emission limit values that
ensure that, within 6 years of publication of
a decision on BAT conclusions in
accordance with Article 13(5) relating to
the main activity of an installation,
emissions do not, under normal operating
conditions, exceed emission levels
associated with emerging techniques as
laid down in the decisions on BAT
conclusions.’
(b) indicative environmental performance
values consistent with the decisions on
BAT conclusions.
(b) indicative environmental performance
values consistent with the decisions on
BAT conclusions.
Or. en
(Directive (EU) 2024/1785, amending Directive 2010/75/EU)
Amendment 304
Andrea Wechsler, Christian Ehler, Jens Gieseke, Angelika Niebler, Oliver Schenk,
Norbert Lins, Zala Černilec Tomašič, Peter Liese, Wouter Beke
Proposal for a directive
Article 2 – paragraph 1 – point 1a (new)
Directive 2010/75/EU
Article 27c
Present text Amendment
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(1a) Article 27c is replaced by the
following:
Emission levels and indicative
environmental performance values
associated with emerging techniques By
way of derogation from Article 21(3), the
competent authority may set:
‘Emission levels and indicative
environmental performance values
associated with emerging techniques By
way of derogation from Article 21(3), the
competent authority may set:
(a) 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 do not, under
normal operating conditions, exceed
emission levels associ ated with emerging
techniques as laid down in the decisions on
BAT conclusions;
(a) indicative emission limit values that
ensure that, within 6 years of publication of
a decision on BAT conclusions in
accordance with Article 13(5) relating to
the main activity of an installation,
emissions do not, under normal operating
conditions, exceed emission levels associ
ated with emerging techniques as laid
down in the decisions on BAT
conclusions.’
(b) indicative environmental performance
values consistent with the decisions on
BAT conclusions.
Or. en
(https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02010L0075-20240804)
Justification
The amendment ensures that emerging techniques are promoted as innovation pathways
rather than converted prematurely into binding benchmarks. Indicative emission limit values
provide flexibility for first-of-a-kind technologies, reduce investment risk and support
industrial transformation.
Amendment 305
Martin Günther, Sebastian Everding, Per Clausen
Proposal for a directive
Article 2 – paragraph 1 – point 2
Directive 2010/75/EU
Article 27d
Text proposed by the Commission Amendment
(2) Article 27d is deleted; deleted
Or. en
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Amendment 306
Jutta Paulus
Proposal for a directive
Article 2 – paragraph 1 – point 2
Directive 2010/75/EU
Article 27d
Text proposed by the Commission Amendment
(2) Article 27d is deleted; (2) In Article 27d(3), the second
subparagraph is replaced by the
following:
‘Where elements of the transformation
plans have already been developed in
accordance with other Union legislation
and are compliant with this Article, a
reference may be made in the
transformation plan to the relevant
documents. By 1 July 2028, the
Commission shall adopt an implementing
act specifying the circumstances in which
operators may consider that elements of
the transformation plans are developed in
accordance with other Union legislation
and may therefore only include a
reference in transformation plans to the
relevant documents. That implementing
act shall be adopted in accordance with
the examination procedure referred to in
Article 75(2).’;
Or. en
Amendment 307
Martin Günther, Sebastian Everding, Per Clausen
Proposal for a directive
Article 2 – paragraph 1 – point 3
Directive 2010/75/EU
Article 27e
Text proposed by the Commission Amendment
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(3) Article 27e is amended as follows: deleted
(a) in paragraph 1, first subparagraph,
the introductory sentence is replaced by
the following:
‘Without prejudice to Article 18, in the
event of deep industrial transformation of
the installation, the competent authority
may extend the period for the installation
to comply with the updated permit
conditions referred to in Article 21(3) up
to a total of eight years maximum,
provided that:;’
‘Without prejudice to Articles 18 and 22,
in the event of deep industrial
transformation consisting of the closure
of an installation and its replacement by a
new installation to be completed within
eight years of publication of decisions on
BAT conclusions, in accordance with
Article 13(5), relating to the main activity
of the existing installation, the competent
authority may waive the obligation of
updating the permit in accordance with
Article 21(3), provided that all the
following conditions are met:;’
Or. en
Amendment 308
Jutta Paulus
Proposal for a directive
Article 2 – paragraph 1 – point 3
Directive 2010/75/EU
Article 27e
Text proposed by the Commission Amendment
(3) Article 27e is amended as follows: deleted
(a) in paragraph 1, first subparagraph,
the introductory sentence is replaced by
the following:
‘Without prejudice to Article 18, in the
event of deep industrial transformation of
the installation, the competent authority
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may extend the period for the installation
to comply with the updated permit
conditions referred to in Article 21(3) up
to a total of eight years maximum,
provided that:;’
‘Without prejudice to Articles 18 and 22,
in the event of deep industrial
transformation consisting of the closure
of an installation and its replacement by a
new installation to be completed within
eight years of publication of decisions on
BAT conclusions, in accordance with
Article 13(5), relating to the main activity
of the existing installation, the competent
authority may waive the obligation of
updating the permit in accordance with
Article 21(3), provided that all the
following conditions are met:;’
Or. en
Amendment 309
Ondřej Knotek, Jana Nagyová, Antonín Staněk, Anne-Sophie Frigout, Viktória Ferenc
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point a
Directive 2010/75/EU
Article 27e – paragraph 1 – subparagraph 1 – introductory part
Text proposed by the Commission Amendment
Without prejudice to Article 18, in the
event of deep industrial transformation of
the installation, the competent authority
may extend the period for the installation
to comply with the updated permit
conditions referred to in Article 21(3) up to
a total of eight years maximum, provided
that:
Without prejudice to Article 18, in the
event of deep industrial transformation of
the installation, the competent authority
may extend the period for the installation
to comply with the updated permit
conditions referred to in Article 21(3) up to
a total of ten years maximum, provided
that:
Or. en
Amendment 310
Anna Zalewska
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Proposal for a directive
Article 2 – paragraph 1 – point 3 – point a a (new)
Directive 2010/75/EU
Article 27e – paragraph 1 – subparagraph 3 (new)
Text proposed by the Commission Amendment
(aa) in paragraph 1, the following
subparagraph is added:
‘The period referred to in the first
subparagraph may be extended for such
period as is strictly necessary, where
compliance within eight years cannot
reasonably be achieved due to the scale,
technical complexity, investment cycle,
construction schedule, permitting
requirements, or dependency on enabling
infrastructure of the deep industrial
transformation provided that the delay is
not attributable to circumstances within
the operators control.’
Or. en
Amendment 311
Ondřej Knotek, Jana Nagyová, Antonín Staněk, Anne-Sophie Frigout, Viktória Ferenc
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point b
Directive 2010/75/EU
Article 27e – paragraph 2 – subparagraph 1 – introductory part
Text proposed by the Commission Amendment
Without prejudice to Articles 18 and 22, in
the event of deep industrial transformation
consisting of the closure of an installation
and its replacement by a new installation to
be completed within eight years of
publication of decisions on BAT
conclusions, in accordance with Article
13(5), relating to the main activity of the
existing installation, the competent
authority may waive the obligation of
updating the permit in accordance with
Without prejudice to Articles 18 and 22, in
the event of deep industrial transformation
consisting of the closure of an installation
and its replacement by a new installation to
be completed within ten years of
publication of decisions on BAT
conclusions, in accordance with Article
13(5), relating to the main activity of the
existing installation, the competent
authority may waive the obligation of
updating the permit in accordance with
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Article 21(3), provided that all the
following conditions are met:
Article 21(3), provided that all the
following conditions are met:
Or. en
Amendment 312
Jeannette Baljeu, Andreas Glück, Ilhan Kyuchyuk, Ana Vasconcelos, Katri Kulmuni
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point b a (new)
Directive 2010/75/EU
Article 27e – paragraph 2a (new)
Text proposed by the Commission Amendment
(ba) the following paragraph is added:
‘2a. Where a deep industrial
transformation referred to in paragraphs
1 or 2 is materially dependent on the
timely availability of external enabling
infrastructure that is outside the control
of the operator, including hydrogen
infrastructure, carbon dioxide transport
or storage infrastructure, low-carbon
electricity supply or electricity grid
capacity, the competent authority may
extend the period referred to in paragraph
1 up to a total of ten years. Such an
extension may be granted only where the
operator demonstrates that the
transformation remains technically and
economically credible, that the delay is
primarily caused by the lack of such
external enabling infrastructure, and that
the installation will apply interim
measures to prevent or, where that is not
practicable, minimise emissions and other
environmental impacts. The competent
authority shall include appropriate
milestones, monitoring requirements and
review clauses in the permit. This
paragraph shall be without prejudice to
Articles 14, 15, 18 and 22 and shall not
allow a deterioration of local
environmental quality or compliance with
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applicable environmental quality
standards.’;
Or. en
Justification
Deep decarbonisation of energy-intensive industry often depends on external infrastructure
that operators cannot deliver alone, such as hydrogen networks, CO₂ infrastructure or
sufficient electricity grid capacity. Operators should not be penalised for infrastructure
delays outside their control, provided the transformation remains credible and interim
safeguards are applied.
Amendment 313
Jeannette Baljeu, Andreas Glück, Ilhan Kyuchyuk
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point b b (new)
Directive 2010/75/EU
Article 27e – paragraph 2b (new)
Text proposed by the Commission Amendment
(bb) the following paragraph is
inserted:
‘2b. For installations, or clearly separable
parts of installations, whose purpose is
linked to defence or national security, the
competent authority may set emission
limit values derogating from BAT-
associated emission levels where strict
application of those levels would
demonstrably and directly affect essential
security interests, operational defence
readiness, or the continuity of defence-
critical production.
Any such derogation shall be limited to
the specific pollutant, process and period
for which it is strictly necessary, shall be
reviewed regularly and shall be
accompanied by proportionate alternative
measures to prevent or, where that is not
practicable, minimise emissions and other
environmental impacts. Member States
shall document the reasons for such
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derogation, without requiring the
disclosure of classified information.’;
Or. en
Justification
Certain defence-critical installations may face exceptional operational or security
constraints. A narrowly framed possibility to derogate from BAT-associated emission levels is
justified where strict application would directly affect essential security interests or
operational defence readiness. This does not create a general exemption from the IED, but
ensures that environmental requirements are applied in a way that remains compatible with
national security, while maintaining safeguards for human health and the environment.
Amendment 314
François-Xavier Bellamy, Céline Imart
Proposal for a directive
Article 2 – paragraph 1 – point 3 a (new)
Directive 2010/75/EU
Articles 70a, 70b, 70c, 70d, 70e, 70f, 70g, 70h, 70i
Text proposed by the Commission Amendment
(3a) Articles 70a, 70b, 70c, 70d, 70e,
70f, 70g, 70h and 70i are deleted.
Or. fr
Amendment 315
Daniel Buda
Proposal for a directive
Article 2 – paragraph 1 – point 3 a (new)
Directive 2010/75/EU
Articles 70a
Text proposed by the Commission Amendment
(3a) Article 70a is deleted
Or. en
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Justification
Livestock farms should not be treated in the same way as industrial installations. Aggregating
separate farms solely because they are geographically close or linked through economic or
legal relationships risks bringing family farms and cooperative structures within the scope of
the IED, even where individual holdings remain below the established thresholds. This
approach does not reflect the actual environmental impact of each farm, creates legal
uncertainty, discourages cooperation between farmers and imposes disproportionate
administrative and compliance burdens without delivering corresponding environmental
benefits. Therefore, livestock farming should be excluded from the scope of the IED.
Amendment 316
François-Xavier Bellamy, Céline Imart
Proposal for a directive
Article 2 – paragraph 1 – point 3 a (new)
Directive 2010/75/EU
Article 70a
Present text Amendment
Article 70a (3a) Article 70a is deleted
Or. en
Amendment 317
Alexander Bernhuber
Proposal for a directive
Article 2 – paragraph 1 – point 3 a (new)
Directive 2010/75/EU
Article 70aa (new)
Text proposed by the Commission Amendment
(3a) the following article is inserted:
‘Article 70aa
Overriding public interest
Member States shall ensure that, in
permitting procedures, as well as in the
planning, construction and operation of
livestock installations pursuant to Chapter
VIa, including related infrastructures and
installations, these activities are presumed
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to be in the overriding public interest, in
particular serving food production,
security of supply and sustainable
agricultural management.
Member States shall ensure that
permitting procedures for such activities
are conducted efficiently and without
undue delay.
Member States may, in duly justified
individual cases, restrict the application of
this paragraph to specific parts of their
territory, specific categories of livestock
installations or installations with specific
technical characteristics.
Member States shall inform the
Commission of such restrictions and
provide justification therefore.’;
Or. en
Justification
Livestock farming makes an essential contribution to food production and security of supply
in the Union. In a context of growing uncertainty and increasing requirements, maintaining a
viable and sustainable production capacity is of particular importance.Classifying such
activities as being in the overriding public interest strengthens legal certainty and enables
more efficient procedures without undermining the objectives of Directive 2010/75/EU. It
ensures an appropriate balance between environmental protection and food security.
Amendment 318
Anne-Sophie Frigout, Valérie Deloge, Gilles Pennelle, Mathilde Androuët, Ondřej
Knotek, Jana Nagyová, Antonín Staněk
Proposal for a directive
Article 2 – paragraph 1 – point 3 a (new)
Directive 2010/75/EU
Article 70b
Text proposed by the Commission Amendment
(3a) Article 70b is deleted.
Or. fr
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Justification
Precise details on the aggregation rule introduced by the revision of the directive are not
given at this stage and the rule is not suitable for livestock activities that are not industrial,
when a company or group has numerous sites. The rule is a potential source of additional
administrative complexity.
Amendment 319
Anna Zalewska
Proposal for a directive
Article 2 – paragraph 1 – point 3 a (new)
Directive 2010/75/EU
Article 70b
Present text Amendment
(3a) Article 70b is deleted
Or. en
(https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02010L0075-20240804)
Amendment 320
Daniel Buda
Proposal for a directive
Article 2 – paragraph 1 – point 3 b (new)
Directive 2010/75/EU
Articles 70b
Text proposed by the Commission Amendment
(3b) Article 70b is deleted
Or. en
Justification
Livestock farms should not be treated in the same way as industrial installations. Aggregating
separate farms solely because they are geographically close or linked through economic or
legal relationships risks bringing family farms and cooperative structures within the scope of
the IED, even where individual holdings remain below the established thresholds. This
approach does not reflect the actual environmental impact of each farm, creates legal
uncertainty, discourages cooperation between farmers and imposes disproportionate
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administrative and compliance burdens without delivering corresponding environmental
benefits. Therefore, livestock farming should be excluded from the scope of the IED.
Amendment 321
Sergio Berlato, Michele Picaro, Pietro Fiocchi, Stefano Cavedagna, Nicola Procaccini,
Antonella Sberna, Paolo Inselvini
Proposal for a directive
Article 2 – paragraph 1 – point 3 a (new)
Directive 2010/75/EU
Article 70 b
Present text Amendment
(3a) Article 70b is deleted;
Or. it
(https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=OJ:L_202401785)
Amendment 322
Carmen Crespo Díaz, Dolors Montserrat
Proposal for a directive
Article 2 – paragraph 1 – point 3 a (new)
Directive 2010/75/EU
Article 70b – paragraph 1
Text proposed by the Commission Amendment
(3a) In Article 70b, paragraph 1 is
replaced by the following:
Member States shall adopt measures to
ensure that if two or more installations
engaged in livestock rearing activities are
located close to each other and if their
operator is the same or if the installations
are under the control of operators who are
engaged in an economic or legal
relationship, the competent authority may
consider those installations to be a single
unit for the purpose of calculating the
capacity threshold referred to in
Article 70a.
Member States shall adopt measures to
ensure that if two or more installations are
engaged in livestock rearing activities, they
are located very close to each other and if
their operator is the same or they are under
the control of operators who are engaged in
an economic or legal relationship, the
competent authority may consider those
installations to be a single unit for the
purpose of calculating the capacity
threshold referred to in Article 70a.
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Member States shall ensure that the rule
referred to in the first subparagraph is not
used to circumvent the obligations set out
in this Directive.
Member States shall ensure that the rule
referred to in the first subparagraph is not
used to circumvent the obligations set out
in this Directive.
Or. es
Justification
This amendment aims to make the wording of the Directive more precise and to give legal
certainty to operators by clearly setting out the conditions for the application of the
installation aggregation rule. It is also specified that installations must be ‘very’ close, which
is a prerequisite for counting several installations as one. Otherwise, the distance between
two pollution points would not justify the aggregation of installations from an environmental
point of view.
Amendment 323
Jessica Polfjärd
Proposal for a directive
Article 2 – paragraph 1 – point 3 a (new)
Directive (EU) 2010/75/EU
Article 70b – paragraph 1 – subparagraph 1
Present text Amendment
(3a) in Article 70b(1), the first
subparagraph is deleted;
Or. en
(02010L0075-20240804)
Amendment 324
Michal Wiezik, Martin Hojsík
Proposal for a directive
Article 2 – paragraph 1 – point 3 a (new)
Directive (EU) 2024/1785
Article 70b – paragraph 1 – subparagraph 1
Present text Amendment
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(3a) in Article 70(b)(1), the first
subparagraph is replaced with the
following:
Member States shall adopt measures to
ensure that if two or more installations
engaged in livestock rearing activities are
located close to each other and if their
operator is the same or if the installations
are under the control of operators who are
engaged in an economic or legal
relationship, the competent authority may
consider those installations to be a single
unit for the purpose of calculating the
capacity threshold referred to in Article
70a.
‘Member States shall adopt measures to
ensure that if two or more installations
engaged in livestock rearing activities are
located close to each other or at any part
of the area of land which drains into
waters of the respective catchment and
contributes to its pollution, 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, or are under the control of
different operators but belong to the same
company, the competent authority may
consider those installations to be a single
unit for the purpose of calculating the
capacity threshold referred to in Article
70a.’
Or. en
(Directive (EU) 2024/1785)
Justification
While the EC will prepare guidance in 2028 for MS on the criteria to consider, the basic act
can still use more precision- in particular the term used in other part of the Directive is
inserted ''or are under the control of different operators but belong to the same company''. In
the EU region where citizens won a court case related to livestock pollution in 2025, large
number of installations pertain to the same company. Company is having more control over
the thresholds and redistribution of installations than individual operators and in order to
prevent circumvention of this rule, and to target all the subjects which are relevant for an
application of this rule, this wording might better encompass the existing realities.
Amendment 325
Daniel Buda
Proposal for a directive
Article 2 – paragraph 1 – point 3 c (new)
Directive 2010/75/EU
Articles 70c
Text proposed by the Commission Amendment
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(3c) Article 70c is deleted;
Or. en
Justification
Livestock farms should not be treated in the same way as industrial installations. Aggregating
separate farms solely because they are geographically close or linked through economic or
legal relationships risks bringing family farms and cooperative structures within the scope of
the IED, even where individual holdings remain below the established thresholds. This
approach does not reflect the actual environmental impact of each farm, creates legal
uncertainty, discourages cooperation between farmers and imposes disproportionate
administrative and compliance burdens without delivering corresponding environmental
benefits. Therefore, livestock farming should be excluded from the scope of the IED.
Amendment 326
François-Xavier Bellamy, Céline Imart
Proposal for a directive
Article 2 – paragraph 1 – point 3 b (new)
Directive 2010/75/EU
Article 70 c – paragraph 1
Present text Amendment
(3b) In Article 70c, paragraph 1 is
replaced by the following:
Member States shall take the necessary
measures to ensure that no installation
falling within the scope of this Chapter
operates without a permit or without being
registered and that the operation of all
installations within the scope of this
Chapter complies with the uniform
conditions for operating rules referred to
in Article 70i.
Member States shall take the necessary
measures to ensure that no installation
falling within the scope of this Chapter
operates without a permit or without being
registered and that the operation of all such
installations complies with the uniform
rules for operating conditions referred to
in Article 70i.
Member States may use any similar pre-
existing procedure for the registration of
installations in order to avoid creating an
administrative burden.
Member States may apply a permitting
procedure to the intensive rearing of
poultry and pigs:
Member States may apply a permitting
procedure to the rearing of poultry and
pigs:
(a) with more than 40 000 places for
poultry;
(a) with more than 40 000 places for
poultry;
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(b) with more than 2 000 places for
production pigs over 30 kg; or
(b) with more than 2 000 places for
production pigs (over 30 kg);
(c) with more than 750 places for sows. (c) with more than 750 places for sows.
Member States may include requirements
for certain categories of installations falling
within the scope of this Chapter in the
general binding rules referred to in
Article 6.
Member States may include requirements
for certain categories of installations falling
within this Chapter in the general binding
rules referred to in Article 6.
Member States shall specify the procedure
for registration or granting a permit in
respect of installations falling within the
scope of this Chapter. Those procedures
shall include at least the information listed
in paragraph 2.
Member States shall specify the procedure
for registration or permitting applicable to
installations falling within this Chapter.
Those procedures shall include, at a
minimum, the information listed in
paragraph 2.
Or. fr
Amendment 327
Anne-Sophie Frigout, Valérie Deloge, Gilles Pennelle, Mathilde Androuët, Ondřej
Knotek, Jana Nagyová
Proposal for a directive
Article 2 – paragraph 1 – point 3 b (new)
Directive 2010/75/EU
Article 70c – paragraph 2 – point c
Text proposed by the Commission Amendment
(3b) In article 70c(2), point (c) is
deleted;
Or. fr
Amendment 328
Alexander Bernhuber
Proposal for a directive
Article 2 – paragraph 1 – point 3 b (new)
Directive 2010/75/EU
Article 70c – paragraph 1 – subparagraph 1
Present text Amendment
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(3b) in Article 70c(1), the first
subparagraph is replaced by the following
Member States shall take the necessary
measures to ensure that no installation
falling within the scope of this Chapter
operates without a permit or without being
registered and that the operation of all
installations within the scope of this
Chapter complies with the uniform
conditions for operating rules referred to in
Article 70i.
‘Member States shall take the necessary
measures to ensure that no installation
falling within the scope of this Chapter
operates without a permit or without being
registered and that the operation of all
installations within the scope of this
Chapter complies with the uniform
conditions for operating rules referred to in
Article 70i. This obligation shall apply
only to installations newly constructed
after the entry into force of this Chapter.’;
Or. en
(Directive 2010/75/EU)
Amendment 329
Alexander Bernhuber
Proposal for a directive
Article 2 – paragraph 1 – point 3 c (new)
Directive 2010/75/EU
Article 70c – paragraph 1 – subparagraph 3
Present text Amendment
(3c) in Article 70c(1), the third
subparagraph is deleted;
Or. en
(Directive 2010/75/EU)
Amendment 330
Daniel Buda
Proposal for a directive
Article 2 – paragraph 1 – point 3 d (new)
Directive 2010/75/EU
Article 70d
Text proposed by the Commission Amendment
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(3d) Article 70d is deleted;
Or. en
Justification
Livestock farms should not be treated in the same way as industrial installations. Aggregating
separate farms solely because they are geographically close or linked through economic or
legal relationships risks bringing family farms and cooperative structures within the scope of
the IED, even where individual holdings remain below the established thresholds. This
approach does not reflect the actual environmental impact of each farm, creates legal
uncertainty, discourages cooperation between farmers and imposes disproportionate
administrative and compliance burdens without delivering corresponding environmental
benefits. Therefore, livestock farming should be excluded from the scope of the IED.
Amendment 331
Anne-Sophie Frigout, Valérie Deloge, Gilles Pennelle, Mathilde Androuët, Ondřej
Knotek, Jana Nagyová, Antonín Staněk
Proposal for a directive
Article 2 – paragraph 1 – point 3 c (new)
Directive 2010/75/EU
Article 70d
Text proposed by the Commission Amendment
(3c) Article 70d is deleted;
Or. fr
Justification
Given the reporting obligations already introduced by the Emissions Portal Regulation, this
obligation seems redundant.
Amendment 332
François-Xavier Bellamy, Céline Imart
Proposal for a directive
Article 2 – paragraph 1 – point 3 c (new)
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Directive 2010/75/EU
Article 70d
Present text Amendment
(3b) In Directive (EU) 2010/75, Article
70d is amended as follows:
1. Member States shall ensure that the
operator carries out monitoring of
emissions and of associated environmental
performance levels in accordance with the
uniform conditions for operating rules
referred to in Article 70i.
Member States shall ensure that the
operator monitors emissions and
associated environmental performance
levels in accordance with the uniform
operating rules referred to in Article 70i.
Monitoring data shall be obtained by
means of measurement methods or, where
not practicable, by calculation methods
such as the use of emission factors. The
methods used for obtaining the monitoring
data shall be described in the operating
rules.
Monitoring data shall be obtained by
means of measurement methods or by
calculation methods, including the use of
emission factors. The methods used for
obtaining the monitoring data shall be
described in the operating rules.
2. In the event of non-compliance with the
emission limit values and environmental
performance limit values set out in the
uniform conditions for operating rules
referred to in Article 70i, Member States
shall require the operator to take the
measures necessary to ensure that
compliance is restored within the shortest
possible time.
In the event of non-compliance with the
emission limit values and environmental
performance limit values set out in the
uniform operating rules, Member States
shall require the operator to take the
measures necessary to ensure that
compliance is restored within a compatible
timeframe, taking account of the
specificities of the agricultural sector.
Or. fr
Amendment 333
Michal Wiezik, Martin Hojsík
Proposal for a directive
Article 2 – paragraph 1 – point 3 b (new)
Directive 2010/75/EU
Article 70d – paragraph 3 a (new)
Text proposed by the Commission Amendment
(3b) in Article 70(d), the following
paragraph is added:
‘3a. Member States may use the data on
the use of veterinary antimicrobial
medicinal products for which data on use
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shall be collected from data providers in
accordance with Commission Delegated
Regulation (EU) 2021/578 supplementing
Regulation (EU) 2019/6, including from
farmers, when selecting representative
monitoring stations for the purpose of
monitoring indicators of antimicrobial
resistance on groundwater and surface
water watch list in accordance with
Directive (EU) 2026 /805. Where a
monitoring station for indicators of
antimicrobial resistance is located in the
vicinity of a livestock installation covered
by this Directive where this has a potential
to affect the quality of water relevant for
the monitoring in question, the respective
operator of the livestock installation shall
be given prior notice.
The respective monitoring of indicators
present on the surface and groundwater
watch list comes at a no cost to the
operator.’;
Or. en
Amendment 334
Anne-Sophie Frigout, Valérie Deloge, Gilles Pennelle, Mathilde Androuët, Ondřej
Knotek, Jana Nagyová
Proposal for a directive
Article 2 – paragraph 1 – point 3 d (new)
Directive 2010/75/EU
Article 70d
Text proposed by the Commission Amendment
(3d) Article 70d is amended as follows:
(a) the third subparagraph of paragraph 1
is deleted;
(b) paragraph 2 is replaced by the
following:
‘2. In the event of non-compliance with
the emission values and environmental
performance limit values set out in the
uniform conditions for operating rules
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referred to in Article 70i, Member States
shall require the operator to take the
measures necessary to ensure that
compliance is restored within deadlines
compatible with the specificities of the
agricultural sector.’
Or. fr
Justification
Livestock farming is based on biological cycles. Unlike the industrial sector, adjustments are
constrained by unavoidable time factors.
If limit values are exceeded as a result of production factors that are already in place (genetic
type, working methods, production system, etc.), lowering those values may require an
adaptation time that is considerably different from ‘simple’ technological adjustments.
Amendment 335
Daniel Buda
Proposal for a directive
Article 2 – paragraph 1 – point 3 e (new)
Directive 2010/75/EU
Articles 70e
Text proposed by the Commission Amendment
Article 70e (3e) Article 70e is deleted
Or. en
Justification
Livestock farms should not be treated in the same way as industrial installations. Aggregating
separate farms solely because they are geographically close or linked through economic or
legal relationships risks bringing family farms and cooperative structures within the scope of
the IED, even where individual holdings remain below the established thresholds. This
approach does not reflect the actual environmental impact of each farm, creates legal
uncertainty, discourages cooperation between farmers and imposes disproportionate
administrative and compliance burdens without delivering corresponding environmental
benefits. Therefore, livestock farming should be excluded from the scope of the IED.
Amendment 336
François-Xavier Bellamy, Céline Imart
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Proposal for a directive
Article 2 – paragraph 1 – point 3 d (new)
Directive 2010/75/EU
Article 70e
Present text Amendment
(3d) Article 70e is replaced by the
following:
1.Member States shall ensure that suitable
monitoring is carried out in accordance
with the uniform conditions for operating
rules referred to in Article 70i.
1. Member States shall ensure that suitable
monitoring is carried out in accordance
with the uniform operating rules referred to
in Article 70i.
2.All monitoring results shall be recorded,
processed and presented in such a way as
to enable the competent authority to verify
compliance with the operating conditions,
emission limit values and environmental
performance limit values which are
included in the general binding rules
referred to in Article 6 or in the permit.
2. All monitoring results shall be recorded,
processed and presented in such a way as
to enable the competent authority to verify
compliance with the operating conditions,
emission limit value ranges and
environmental performance limit values
which are set in the general binding rules
referred to in Article 6 or in the permit.
3.The operator shall, without delay, make
available the data and information listed in
paragraph 2 to the competent authority
upon request. The competent authority
may make such a request in order to
verify compliance with the uniform
conditions for operating rules. The
competent authority shall make that
request if a member of the public requests
access to the data or information listed in
paragraph 2.
3. The operator shall make available the
data and information referred to in
paragraph 2 to the competent authority
upon request.
Or. fr
Amendment 337
Anne-Sophie Frigout, Valérie Deloge, Gilles Pennelle, Mathilde Androuët, Ondřej
Knotek, Jana Nagyová
Proposal for a directive
Article 2 – paragraph 1 – point 3 e (new)
Directive 2010/75/EU
Article 70e – paragraph 2
Present text Amendment
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(3e) In Article 70e, paragraph 2 is
replaced by the following:
2. All monitoring results shall be recorded,
processed and presented in such a way as
to enable the competent authority to verify
compliance with the operating conditions,
emission limit values and environmental
performance limit values which are
included in the general binding rules
referred to in Article 6 or in the permit.
‘2. All monitoring results shall be
recorded, processed, and presented in such
a way as to enable the competent authority
to verify compliance with the operating
conditions, emission limit values and
environmental performance limit value
ranges which are included in the general
binding rules referred to in Article 6 or in
the permit.’
Or. fr
(DIRECTIVE 2010/75/EU)
Justification
Disclosing sensitive data on operations at each facility can leave farmers seriously exposed.
Only the competent authority responsible for controls should have access to this information.
Allowing anyone, even without any standing, to request such disclosure appears to be wholly
disproportionate.
Amendment 338
Anne-Sophie Frigout, Valérie Deloge, Gilles Pennelle, Mathilde Androuët, Ondřej
Knotek, Jana Nagyová
Proposal for a directive
Article 2 – paragraph 1 – point 3 f (new)
Directive 2010/75/EU
Article 70e – paragraph 3
Present text Amendment
(3f) In Article 70e, paragraph 3 is
replaced by the following:
3. The operator shall, without delay, make
available the data and information listed in
paragraph 2 to the competent authority
upon request. The competent authority may
make such a request in order to verify
compliance with the uniform conditions for
operating rules. The competent authority
shall make that request if a member of the
public requests access to the data or
information listed in paragraph 2.
‘3. The operator shall make available the
data and information listed in paragraph 2
to the competent authority upon request.
The competent authority may make such a
request in order to verify compliance with
the uniform conditions for operating rules.’
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Or. fr
(DIRECTIVE 2010/75/EU)
Justification
Disclosing sensitive data on operations at each facility can leave farmers seriously exposed.
Only the competent authority responsible for controls should have access to this information.
Allowing anyone, even without any standing, to request such disclosure appears wholly
disproportionate.
Amendment 339
Daniel Buda
Proposal for a directive
Article 2 – paragraph 1 – point 3 f(new)
Directive 2010/75/EU
Articles 70f
Text proposed by the Commission Amendment
(3f) Article 70f is deleted
Or. en
Justification
Livestock farms should not be treated in the same way as industrial installations. Aggregating
separate farms solely because they are geographically close or linked through economic or
legal relationships risks bringing family farms and cooperative structures within the scope of
the IED, even where individual holdings remain below the established thresholds. This
approach does not reflect the actual environmental impact of each farm, creates legal
uncertainty, discourages cooperation between farmers and imposes disproportionate
administrative and compliance burdens without delivering corresponding environmental
benefits. Therefore, livestock farming should be excluded from the scope of the IED.
Amendment 340
François-Xavier Bellamy, Céline Imart
Proposal for a directive
Article 2 – paragraph 1 – point 3 e (new)
Directive 2010/75/EU
Article 70f – paragraph 3 – subparagraph 1
Present text Amendment
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(3e) In Article 70f(3), the first
subparagraph is replaced by the
following:
3. In the event of non-compliance with the
requirements set out in this Chapter,
Member States shall ensure that the
competent authority requires the operator
to take any measures, in addition to the
measures taken by the operator under
Article 70d, that are necessary to ensure
that compliance is restored without delay.
‘3. In the event of non-compliance with the
requirements set out in this Chapter,
Member States shall ensure that the
competent authority requires the operator
to take any measures, in addition to the
measures taken by the operator under
Article 70d, that are necessary to ensure
that compliance is restored within a
reasonable deadline which takes account
of the specificities of the sector.’
Or. fr
Amendment 341
Anne-Sophie Frigout, Valérie Deloge, Gilles Pennelle, Mathilde Androuët, Ondřej
Knotek, Jana Nagyová, Antonín Staněk
Proposal for a directive
Article 2 – paragraph 1 – point 3 g (new)
Directive 2010/75/EU
Article 70f – paragraph 3 – subparagraph 1
Present text Amendment
(3g) In Article 70f, paragraph 3, the
first subparagraph is replaced by the
following:
3. In the event of non-compliance with the
requirements set out in this Chapter,
Member States shall ensure that the
competent authority requires the operator
to take any measures, in addition to the
measures taken by the operator under
Article 70d, that are necessary to ensure
that compliance is restored without delay.
‘3. In the event of non-compliance with the
requirements set out in this Chapter,
Member States shall ensure that the
competent authority requires the operator
to take any measures, in addition to the
measures taken by the operator under
Article 70d, that are necessary to ensure
that compliance is restored within a
reasonable deadline which takes account
of the specificities of the sector.’
Or. fr
(DIRECTIVE 2010/75/EU)
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Amendment 342
Carmen Crespo Díaz, Dolors Montserrat
Proposal for a directive
Article 2 – paragraph 1 – point 3 b (new)
Directive 2010/75/EU
Article 70f – paragraph 3 – subparagraph 2
Present text Amendment
(3b) In Article 70f, the second
subparagraph of paragraph 3 is replaced
by the following:
Where non-compliance causes a significant
degradation of local air, water or soil
conditions, or where it poses, or risks
posing, a significant danger to human
health, the operation of the installation
shall be suspended by the competent
authority until compliance is restored.
Where non-compliance causes a significant
degradation of local air, water or soil
conditions, or where it poses, or risks
posing, a significant danger to human
health, the competent authority may adopt
relevant measures to ensure compliance,
including suspending the operation of the
installation until compliance is restored.
Or. es
Justification
The Directive should provide for the possibility of not applying the suspension of activity
directly in case of non-compliance. The avenues for cooperation between the administration
and the company responsible should be exhausted before resorting to drastic measures.
Amendment 343
François-Xavier Bellamy, Céline Imart
Proposal for a directive
Article 2 – paragraph 1 – point 3 f (new)
Directive 2010/75/EU
Article 70g
Text proposed by the Commission Amendment
(3f) Article 70g is replaced by the
following:
1. Member States shall ensure that the
public concerned are given early and
effective opportunities to participate in the
following procedures:
‘1. Member States shall ensure that the
public directly concerned are given, at an
early and effective stage, the opportunity
to participate in the following procedures:
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(a) preparation of general binding rules as
referred to in Article 6 on permits for
installations falling within the scope of this
Chapter;
(a) preparation of general binding rules as
referred to in Article 6 on permits for
installations falling within this Chapter;
(b) the granting of a permit for a new
installation falling within the scope of this
Chapter;
(b) the granting of a permit for a new
installation;
(c) the granting of an updated permit in
accordance with Article 70c(4) for any
substantial change to an existing
installation falling within the scope of this
Chapter; or
(c) the granting of an updated permit in
accordance with Article 70c(4) for any
substantial change to an existing
installation;
(d) the procedure for registration, in the
event that general binding rules are not
adopted, and the Member States allow the
installation only to be registered.
(d) the procedure for registration, in the
event that general binding rules are not
adopted, and the Member State allows only
registration.
2. The competent authority shall make
available to the public, including
systematically via the internet, free of
charge and without restricting access to
registered users, the following documents
and information:
2. The competent authority shall make
available to the public directly concerned,
including via the internet, free of charge
and without restricting access to registered
users, the following documents and
information:
(a) the permit or the registration; (a) the permit or the registration;
(b) the results of the consultations held in
accordance with paragraph 1;
(b) the results of the consultations held in
accordance with paragraph 1;
(c) the general binding rules referred to in
Article 6 which are applicable to
installations falling within the scope of
this Chapter; and
(c) the general binding rules referred to in
Article 6.’
(d) the reports of inspections of the
installations falling within the scope of
this Chapter.
Or. fr
Amendment 344
Jessica Polfjärd
Proposal for a directive
Article 2 – paragraph 1 – point 3 b (new)
Directive (EU) 2010/75/EU
Article 70g – paragraph 1 – introductory part
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Present text Amendment
(3b) in Article 70g(1), the introductory
part is replaced by the following:
1. Member States shall ensure that the
public concerned are given early and
effective opportunities to participate in the
following procedures:
‘1. Member States shall ensure that the
public directly affected are given early and
effective opportunities to participate in the
following procedures:’
Or. en
(02010L0075-20240804)
Amendment 345
Jessica Polfjärd
Proposal for a directive
Article 2 – paragraph 1 – point 3 c (new)
Directive (EU) 2010/75/EU
Article 70g – paragraph 2 – introductory part
Present text Amendment
(3c) in Article 70g(2), the introductory
part is replaced by the following:
2. The competent authority shall make
available to the public, including
systematically via the internet, free of
charge and without restricting access to
registered users, the following documents
and information:
‘2. The competent authority shall make
available to the public directly affected,
including via the internet, free of charge
and without restricting access to registered
users, the following documents and
information:’
Or. en
(02010L0075-20240804)
Amendment 346
Anne-Sophie Frigout, Valérie Deloge, Gilles Pennelle, Mathilde Androuët, Ondřej
Knotek, Jana Nagyová
Proposal for a directive
Article 2 – paragraph 1 – point 3 h (new)
Directive 2010/75/EU
Article 70g – paragraph 2 – point d
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Text proposed by the Commission Amendment
(3h) In article 70g(2), point (d) is
deleted;
Or. fr
Justification
Checks are the state’s responsibility, and it will take any measures needed to ensure
installations operate properly. There is no reason to give open access to these reports.
Amendment 347
Daniel Buda
Proposal for a directive
Article 2 – paragraph 1 – point 3 g (new)
Directive 2010/75/EU
Article 70g
Text proposed by the Commission Amendment
(3g) Article 70g is amended as follows:
(a) in paragraph 1, the introductory part
is replaced by the following:
‘Member States shall ensure that the
public directly affected are given early
and effective opportunities to participate
in the following procedures:’
(b) paragrah 2 is replaced by the
following:
‘2. The competent authority shall make
available to the public directly affected,
including via the internet, free of charge
and without restricting access to
registered users, the following documents
and information:
(a) the permit;
(b) the results of the consultations held in
accordance with paragraph 1;
(c) the general binding rules referred to in
Article 6 applicable to installations falling
within the scope of this Chapter.’;
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Or. en
Justification
Only persons with a direct interest in the case should have standing to take part in the
permit‑granting or permit‑updating process.
Amendment 348
Daniel Buda
Proposal for a directive
Article 2 – paragraph 1 – point 3 h (new)
Directive 2010/75/EU
Article 70h
Text proposed by the Commission Amendment
(3h) Article 70h is deleted
Or. en
Justification
Livestock farms should not be treated in the same way as industrial installations. Aggregating
separate farms solely because they are geographically close or linked through economic or
legal relationships risks bringing family farms and cooperative structures within the scope of
the IED, even where individual holdings remain below the established thresholds. This
approach does not reflect the actual environmental impact of each farm, creates legal
uncertainty, discourages cooperation between farmers and imposes disproportionate
administrative and compliance burdens without delivering corresponding environmental
benefits. Therefore, livestock farming should be excluded from the scope of the IED.
Amendment 349
François-Xavier Bellamy, Céline Imart
Proposal for a directive
Article 2 – paragraph 1 – point 3 g (new)
Directive 2010/75/EU
Article 70h – paragraph 1
Text proposed by the Commission Amendment
(3g) In Article 70h, paragraph 1 is
replaced by the following:
Member States shall ensure that, in
accordance with the relevant national legal
Member States shall ensure that, in
accordance with the relevant national legal
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system, members of the public concerned
have access to a review procedure before
a court of law or another independent and
impartial body established by law to
challenge the substantive or procedural
legality of decisions, acts or omissions
subject to this Chapter when one of the
following conditions is met:
system, members of the public directly
concerned have access to a review
procedure before a court of law, or another
independent and impartial body established
by law, in order to challenge the
substantive or procedural legality of
decisions, acts or omissions subject to this
Chapter when one of the following
conditions is met:
(a) they have a sufficient interest; (a) they have a direct interest;
(b) they maintain the impairment of a
right, where administrative procedural law
of a Member State requires this as a
precondition.
(b) they cite the impairment of a right,
where administrative procedural law of a
Member State requires this as a
precondition.
Standing in the review procedure shall not
be conditional on the role that the member
of the public concerned played during
a participatory phase of the decision-
making procedures under this Directive.
The admissibility of the review procedure
shall not be made conditional on the role
that the member of the public concerned
played during a participatory phase of the
decision-making procedures under this
Directive.
The review procedure shall be fair,
equitable, timely and not prohibitively
expensive, and shall provide for adequate
and effective remedies, including
injunctive relief as appropriate.
The review procedure shall be equitable,
impartial, timely and not prohibitively
expensive, and shall provide for adequate
and effective redress mechanisms,
including injunctive relief as appropriate.
Or. fr
Amendment 350
Jessica Polfjärd
Proposal for a directive
Article 2 – paragraph 1 – point 3 d (new)
Directive 2010/75/EU
Article 70h – paragraph 1 – introductory part
Present text Amendment
(3d) in Article 70h(1), the introductory
part is replaced by the following:
Member States shall ensure that, in
accordance with the relevant national legal
system, members of the public concerned
‘Member States shall ensure that, in
accordance with the relevant national legal
system, members of the public directly
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have access to a review procedure before a
court of law, or another independent and
impartial body established by law to
challenge the substantive or procedural
legality of decisions, acts or omissions
subject to this Chapter when one of the
following conditions is met:
affected have access to a review procedure
before a court of law, or another
independent and impartial body established
by law to challenge the substantive or
procedural legality of decisions, acts or
omissions subject to this Chapter when one
of the following conditions is met:’
Or. en
(02010L0075-20240804)
Amendment 351
Jessica Polfjärd
Proposal for a directive
Article 2 – paragraph 1 – point 3 e (new)
Directive 2010/75/EU
Article 70h – paragraph 1 – point a
Present text Amendment
(3e) in Article 70h(1), point a is replaced
by the following:
(a) they have a sufficient interest; ‘(a) they have a direct interest;’;
Or. en
(02010L0075-20240804)
Amendment 352
Alexander Bernhuber
Proposal for a directive
Article 2 – paragraph 1 – point 3 d (new)
Directive 2010/75/EU
Article 70h – paragraph 2 a (new)
Text proposed by the Commission Amendment
(3d) in Article 70h, the following
paragraph is added:
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‘2a. In the context of judicial proceedings
relating to permitting decisions under this
Directive, Member States may preclude
arguments from being raised before a
court of law where they were not raised
during the administrative stage, as long as
the competent authority made available
the necessary information in due time so
that those arguments were known or
could have been known and reviewed
during the administrative stage leading to
the authorisation of the project, without
prejudice to the right of access to justice.’;
Or. en
(Directive 2010/75/EU)
Amendment 353
François-Xavier Bellamy, Céline Imart
Proposal for a directive
Article 2 – paragraph 1 – point 3 h (new)
Directive 2010/75/EU
Article 70i
Text proposed by the Commission Amendment
(3h) Article 70i is replaced by the
following:
1. 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 uniform
conditions for operating rules in
accordance with paragraph 2. The
exchange of information shall, in
particular, address the following:
‘1. 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 uniform
conditions for operating rules 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, and other measures consistent
with Annex III;
(a) the emission and environmental
performance levels of installations and
techniques, and other measures consistent
with Annex III;
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(b) the techniques used, associated
monitoring, cross-media effects, economic
and technical viability and developments in
that regard;
(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);
(c) best available techniques identified
after considering the issues mentioned in
points (a) and (b);
(d) emerging techniques. (d) emerging techniques.
1a. The limit values provided for in the
uniform conditions for operating rules
may be assessed by physiological stage or
on an overall holding basis.
2. Before adopting the implementing act
establishing uniform rules for operating
conditions, the Commission shall carry
out an assessment of the economic,
financial, social and environmental
impacts of the proposed measures. That
assessment shall be made public before
the draft implementing act is submitted
for consultation.
2. The Commission shall adopt by
1 September 2026 an implementing act to
establish uniform conditions for operating
rules for each of the activities referred to in
Annex Ia.
2. The Commission shall adopt by
1 September 2027 an implementing act
establishing uniform rules on operating
conditions for each of the activities
referred to in Annex Ia.
The uniform conditions for operating rules
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 stocking density of
those installations, the 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. They shall
also include indicative information on
emerging techniques, where available.
The uniform rules on operating 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 stocking density of
those installations, the size of herds by
animal type in mixed farms, and the
specificities of outdoor rearing systems,
where animals are only seasonally reared
indoors. They shall also include, where
appropriate, indicative information on
emerging techniques. Member States may
supplement or replace the emission levels
and environmental performance of
installations and techniques referred to in
point (a) of paragraph 1 with parameters
or technical measures that ensure a high
level of environmental protection, while
taking into account the specific structural,
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climate and economic features of livestock
systems.
That implementing act shall be adopted in
accordance with the examination procedure
referred to in Article 75(2).
That implementing act shall be adopted in
accordance with the examination procedure
referred to in Article 75(2).
3. Member States shall ensure that the
competent authority follows or is informed
of developments in best available
techniques and of the publication of any
new or updated uniform conditions for
operating rules.
Member States shall ensure that the
competent authority follows or is informed
of developments in best available
techniques and of the publication of any
new uniform rules for operating
conditions or updates thereof.
4. The uniform rules on operating
conditions adopted under this Article shall
constitute fully harmonised requirements
for the activities falling under Annex Ia,
and Member States shall not adopt or
maintain additional or more stringent
national measures concerning emission
reduction, nutrient and manure
management, housing systems,
environmental performance obligations or
other operational environmental
requirements for those activities, unless
such derogation is explicitly provided for
under Union law.
By way of derogation from the first
sentence and Article 70c, the competent
authority may, in duly justified
exceptional cases, set less stringent
emission limit values or environmental
performance standards where a
documented assessment demonstrates that
achieving the levels resulting from
application of the uniform rules would
entail costs that are manifestly
disproportionate to the environmental
benefits, provided that no significant
pollution is caused and that all Union
environmental quality standards are
followed. The competent authority shall
set out, in an annex to the permit
conditions, the reasons justifying such a
derogation, including the results of the
assessment and the justification for the
conditions imposed.’
Or. fr
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Amendment 354
Carmen Crespo Díaz, Dolors Montserrat
Proposal for a directive
Article 2 – paragraph 1 – point 3 c (new)
Directive 2010/75/EU
Article 70i – paragraph 2 – subparagraph 1
Text proposed by the Commission Amendment
(3c) In Article 70i, paragraph 2,
subparagraph 1 is replaced by the
following:
The Commission shall adopt by
1 September 2026 an implementing act to
establish uniform conditions for operating
rules for each of the activities referred to in
Annex Ia.
‘The Commission shall adopt by
1 September 2028 an implementing act to
establish uniform conditions for operating
rules for each of the activities referred to in
Annex Ia.’
Or. es
Justification
It is necessary to provide for reasonable time frames for establishing uniform conditions for
the operation of livestock rearing activities. In line with the approach taken in terms of
implementation deadlines, a longer deadline can be envisaged for the adoption of the
implementing act, which should be done in dialogue and consultation with the sectors
concerned, who will be responsible for making the required investments.
Amendment 355
Anne-Sophie Frigout, Valérie Deloge, Gilles Pennelle, Mathilde Androuët, Ondřej
Knotek, Jana Nagyová
Proposal for a directive
Article 2 – paragraph 1 – point 3 i (new)
Directive 2010/75/EU
Article 70i
Text proposed by the Commission Amendment
(3i) Article 70i is amended as follows:
(a) In paragraph 1, the following points
are added:
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‘(da) Prior to the adoption of the
implementing act to establish uniform
conditions for operating rules, the
Commission shall carry out an assessment
of the economic, financial, social and
environmental impacts of the planned
measure;
(db) The assessment shall be published
before the consultation phase for the draft
implementing act.’;
(b) The following paragraph is inserted:
‘1a. The limit values provided for in the
uniform conditions for operating rules
may be assessed by physiological stage or
on an overall holding basis.’
(c) In paragraph 2, the second
subparagraph is replaced by the
following:
‘The uniform conditions for operating
rules 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 stocking
density of those installations, the 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. They shall also include
indicative information on emerging
techniques, where available. Member
States may supplement or replace the
emission levels and environmental
performance of installations and
techniques referred to in point (a) of
paragraph 1 with parameters or technical
measures that ensure a high level of
environmental protection, while taking
into account the specific structural,
climate and economic features of livestock
systems.’;
(d) The following paragraph is added:
‘4. By way of derogation from Article 70c,
the competent authority may, in specific
cases, set less strict environmental
performance or emission limits. Such a
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derogation may apply only where an
assessment shows that the achievement of
emission levels and environmental
performance as described in the operating
rules referred to in paragraph 1 would
lead to disproportionately higher costs
compared to the environmental benefits.
The competent authority shall document
in an annex to the permit conditions the
reasons for which the first subparagraph
applies, including the result of the
assessment and the justification for the
conditions imposed, and shall ensure that
no significant pollution is caused.’;
Or. fr
Amendment 356
Carmen Crespo Díaz, Dolors Montserrat
Proposal for a directive
Article 2 – paragraph 1 – point 3 d (new)
Directive 2010/75/EU
Article 70i – paragraph 1 – point b
Present text Amendment
(3d) In Article 70i, paragraph 1, point
(b) is replaced by the following:
the techniques used, associated monitoring,
cross-media effects, economic and
technical viability and developments in
that regard;
‘the techniques used, associated
monitoring, cross-media effects, economic
and technical viability, the value for
money of their use in relation to the size
of the farm, the climatic and regional
conditions, and the availability of
sufficiently representative and
comparable data;’
Or. es
((02010L0075-20240804))
Amendment 357
Carmen Crespo Díaz, Dolors Montserrat
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Proposal for a directive
Article 2 – paragraph 1 – point 3 e (new)
Directive 2010/75/EU
Article 70i – paragraph 2 – subparagraph 2
Present text Amendment
(3e) In Article 70i, paragraph 2, the
second subparagraph is replaced by the
following:
The uniform conditions for operating rules
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 stocking density of
those installations, the 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 uniform operating 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 stocking density of the
installations, the size of the farms, the
various production systems, the climatic
and regional conditions, including
Mediterranean climates, and the technical
and financial viability of the techniques
required. Such conditions shall not
impose any emission limit values or
environmental performance levels that
cannot be achieved using techniques that
are available, proportionate and
economically viable for the category of
farm in question.’
Or. es
((02010L0075-20240804))
Amendment 358
Carmen Crespo Díaz, Dolors Montserrat
Proposal for a directive
Article 2 – paragraph 1 – point 3 f (new)
Directive 2010/75/EU
Article 70i – paragraph 2 – subparagraph 2 a (new)
Present text Amendment
(02010L0075-20240804) (3f) In Article 70i, paragraph 2, the
following subparagraph is added:
‘Prior to the adoption of the implementing
act mentioned in this paragraph, the
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Commission shall carry out an assessment
of the economic, financial, social and
environmental impacts of the proposed
measures. That assessment shall consider,
in particular, their effects on the viability
of livestock farms, production capacity,
the competitiveness of the sector, food
security, competent administrations and
small and medium-sized farms. The
assessment shall be published before the
submission of the draft implementing act.’
Or. es
((02010L0075-20240804))
Amendment 359
Carmen Crespo Díaz, Dolors Montserrat
Proposal for a directive
Article 2 – paragraph 1 – point 3 g (new)
Directive 2010/75/EU
Article 70i – paragraph 3 a (new)
Present text Amendment
(02010L0075-20240804) (3g) In Article 70i, the following
paragraph is added:
‘3a. Uniform operating conditions
adopted pursuant to this Article shall
constitute harmonised requirements for
the activities listed in Annex Ia. Member
States may not adopt or maintain any
additional or more stringent operational
environmental requirements as regards
the matters regulated by those uniform
operating conditions, unless such
requirements are demanded by Union
law.’
Or. es
((02010L0075-20240804))
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Amendment 360
Carmen Crespo Díaz, Dolors Montserrat
Proposal for a directive
Article 2 – paragraph 1 – point 3 h (new)
Directive 2010/75/EU
Article 70i – paragraph 3 b (new)
Present text Amendment
(02010L0075-20240804) (3h) In Article 70i, the following
paragraph is added:
‘3b. Notwithstanding the provisions in
paragraph 2 of this Article and in
Article 70c, the competent authority may,
in duly justified and exceptional cases, set
less stringent emission or environmental
performance levels than those derived
from the uniform operating conditions in
respect of a specific installation, where it
is proven by means of a documented
assessment that achieving those levels
would generate costs that are clearly
disproportionate to the environmental
benefits owing to:
(a) the geographical location of the
installation;
(b) the local environmental conditions;
(c) the climatic or regional conditions;
(d) the technical, structural or
production-related characteristics of the
installation.
In such cases, the competent authority
shall explicitly justify the decision,
including the outcome of the assessment
carried out and the justification for the
conditions imposed. Application of this
derogation may not compromise
compliance with the relevant
environmental quality standards.’
Or. es
((02010L0075-20240804))
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Amendment 361
Anna Zalewska
Proposal for a directive
Article 2 – paragraph 1 – point 3 b (new)
Directive 2010/75/EU
Article 70i – paragraph 2
Present text Amendment
(3b) in Article 70i, paragraph 2 is
replaced by the following:
2. The Commission shall adopt by 1
September 2026 an implementing act to
establish uniform conditions for operating
rules for each of the activities referred to in
Annex Ia.
‘2 The Commission shall adopt by 1
September 2027 an implementing act to
establish uniform conditions for operating
rules for each of the activities referred to in
Annex Ia.
The uniform conditions for operating rules
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 stocking density of
those installations, the 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. They shall
also include indicative information on
emerging techniques, where available.
The uniform conditions for operating rules
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 stocking density of
those installations, the 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. They shall
also include indicative information on
emerging techniques, where available.
That implementing act shall be adopted in
accordance with the examination procedure
referred to in Article 75(2).
That implementing act shall be adopted in
accordance with the examination procedure
referred to in Article 75(2).
Before adopting the implementing act
referred to in the first subparagraph of
this Article, the Commission shall carry
out and publish a comprehensive impact
assessment. The impact assessment shall
evaluate the expected economic, financial,
social and environmental impacts of the
proposed measures, including their effects
on the competitiveness of Union industry
and agriculture, the viability of
agricultural holdings, food security,
investment capacity, innovation,
administrative burden, employment, rural
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areas, security of supply, and the level
playing field within the internal market
and internationally. The assessment shall
also examine the proportionality and cost-
effectiveness of the proposed measures,
including their cumulative impacts in
combination with other relevant Union
legislation. The implementing act shall
not be adopted before that assessment has
been completed and made publicly
available.’
Or. en
((https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02010L0075-20240804))
Amendment 362
Alexander Bernhuber
Proposal for a directive
Article 2 – paragraph 1 – point 3 e (new)
Directive 2010/75/EU
Article 70i
Present text Amendment
(3e) in Article 70i, the following
paragraphs are added:
‘3a. When establishing uniform operating
conditions pursuant to this Article, it shall
be ensured that the requirements are
defined having regard to technical
feasibility and the economic viability of
the installations concerned. In particular,
due account shall be taken of the
principle of proportionality, so that the
economic burden for operators remains
commensurate with the environmental
benefit pursued.
3b. When establishing uniform operating
conditions pursuant to this Article, it shall
be ensured that requirements relating to
monitoring, measurements, reporting and
documentation do not go beyond what is
necessary to ensure a high level of
environmental protection overall. The
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specific characteristics of agricultural
activities and the economic viability of the
installations concerned shall be duly
taken into account. With regard to small
and medium-sized agricultural holdings
within the meaning of Commission
Recommendation 2003/361/EC, the
uniform operating conditions shall
respect the principle of proportionality
and, where appropriate, allow for the
application of simplified and standardised
requirements.’;
Or. en
(Directive 2010/75/EU)
Amendment 363
Michal Wiezik, Martin Hojsík
Proposal for a directive
Article 2 – paragraph 1 – point 3 c (new)
Directive (EU) 2024/1785
Article 70i– paragraph 3
Present text Amendment
(3c) Article 70i(3) is replaced by the
following:
Member States shall ensure that the
competent authority follows or is informed
of developments in best available
techniques and of the publication of any
new or updated uniform conditions for
operating rules.’
‘Member States shall ensure that the
competent authority follows or is informed
of developments in best available
techniques, and of updated lists of
pollutants and their quality standards,
where applicable, and of the publication of
any new or updated uniform conditions for
operating rules.
Uniform conditions for operating rules
shall in particular follow any update in a
potential classification of indicators of
antimicrobial resistance as pollutants,
following their removal from the
watchlist, and propose appropriate
measures to ensure high protection of
environment and human health. ’
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Or. en
(DIRECTIVE (EU) 2024/1785)
Justification
it is opportune to include in this omnibus a future-proof provision that in case indicators of
antimicrobial resistance get to the list of priority substances, they might become as well new
pollutants to take care of in case of livestock installations covered by this Directive.
Amendment 364
François-Xavier Bellamy, Céline Imart
Proposal for a directive
Article 2 – paragraph 1 – point 3 i (new)
Directive 2010/75/EU
Article 73 – paragraph 3
Text proposed by the Commission Amendment
(3i) In Article 73, paragraph 3 is
deleted;
Or. fr
Amendment 365
Anne-Sophie Frigout, Valérie Deloge, Gilles Pennelle, Mathilde Androuët, Ondřej
Knotek, Jana Nagyová, Antonín Staněk
Proposal for a directive
Article 2 – paragraph 1 – point 3 h (new)
Directive 2010/75/EU
Article 73 – paragraph 3
Text proposed by the Commission Amendment
(3h) In Article 73, paragraph 3 is
deleted;
Or. fr
Justification
This report is not useful because it does not take account of mirror clauses and because
European cattle farming is in a particularly sensitive situation. It would create a significant
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administrative burden and costs at a time when the number of livestock is falling and new
rules would exacerbate the considerable challenges of generational renewal.
Amendment 366
Alexander Bernhuber
Proposal for a directive
Article 2 – paragraph 1 – point 3 f (new)
Directive 2010/75/EU
Article 73
Present text Amendment
(3f) Article 73 is replaced by the
following:
Article 73 ‘Article 73
Review Review
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 include information on
activities for which BAT conclusions have
or have not been adopted pursuant to
Article 13(5) of this Directive, take into
account the dynamics of innovation,
including emerging techniques, the need
for further pollution prevention measures
and the review referred to in Article 8 of
Directive 2003/87/EC.
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 include information on
activities for which BAT conclusions have
or have not been adopted pursuant to
Article 13(5) of this Directive, take into
account the dynamics of innovation,
including emerging techniques, the need
for further pollution prevention measures
and the review referred to in Article 8 of
Directive 2003/87/EC.
That report shall include an assessment of
the need for Union action through the
establishment or updating of Union-wide
minimum requirements for emission limit
values and for rules on monitoring and
compliance for activities within the scope
of the BAT conclusions adopted during the
previous five-year period, on the basis of
the following criteria:
That report shall include an assessment of
the need for Union action through the
establishment or updating of Union-wide
minimum requirements for emission limit
values 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:
(a) the impact of the activities concerned
on the environment as a whole and on
human health;
(a) the impact of the activities concerned
on the environment as a whole and on
human health;
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(b) the state of implementation of best
available techniques for the activities
concerned.
(b) the state of implementation of best
available techniques for the activities
concerned.
That assessment shall consider the opinion
of the forum referred to in Article 13(4).
That assessment shall consider the opinion
of the forum referred to in Article 13(4).
Chapter III and Annex V of this Directive
shall be considered to represent the Union-
wide minimum requirements in the case of
large combustion plants.
Chapter III and Annex V of this Directive
shall be considered to represent the Union-
wide minimum requirements in the case of
large combustion plants.
The report shall be accompanied by a
legislative proposal where appro priate.
Where the assessment referred to in the
second subparagraph identifies such a
need, the legislative proposal shall include
provisions establishing or updating Union-
wide minimum requirements for emission
limit values and for rules on monitoring
and compliance assessment for the
activities concerned.
The report shall be accompanied by a
legislative proposal where appro priate.
Where the assessment referred to in the
second subparagraph identifies such a
need, the legislative proposal shall include
provisions establishing or updating Union-
wide minimum requirements for emission
limit values and for rules on monitoring
and compliance assessment for the
activities concerned.
2. The Commission shall, by 31 December
2012, review the need to control emissions
from:
2. The Commission shall, by 31 December
2012, review the need to control emissions
from:
(a) the combustion of fuels in installations
with a total rated thermal input below 50
MW;
(a) the combustion of fuels in installations
with a total rated thermal input below 50
MW;
(b) the intensive rearing of cattle; and (b) the intensive rearing of cattle; and
(c) the spreading of manure. (c) the spreading of manure.
The Commission shall report the results of
that review to the European Parliament and
to the Council accompanied by a
legislative proposal where appropriate.
The Commission shall report the results of
that review to the European Parliament and
to the Council accompanied by a
legislative proposal where appropriate.
3. The Commission shall, using an
evidence-based methodology and taking
into account the specificities of the sector,
assess the need for Union action to:
3. The Commission shall, using an
evidence-based methodology and taking
into account the specificities of the sector,
assess the need for Union action to:
(a) comprehensively address the emissions
from the rearing of livestock within the
Union, in particular from cattle; and
(b) further achieve the objective of global
environmental protection with respect to
products placed on the Union market,
through the prevention and control of
emissions from livestock farming, and in a
(b) further achieve the objective of global
environmental protection with respect to
products placed on the Union market,
through the prevention and control of
emissions from livestock farming, and in a
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manner consistent with the Union’s
international obligations.
manner consistent with the Union’s
international obligations; and
(c) keep the economic impacts on the
holdings concerned as limited as possible.
The Commission shall report the results of
that assessment by 31 December 2026 to
the European Parliament and the Council.
The report shall be accompanied by a
legislative proposal where appropriate.
The Commission shall report the results of
that assessment by 31 December 2026 to
the European Parliament and the Council.
The report shall be accompanied by a
legislative proposal where appropriate.
4. With regard to Chapter VIa, the
Commission shall review:
(a) the economic impacts on holdings,
differentiated by size, type of production
and regional conditions, with particular
regard to family-run holdings and small
and medium-sized enterprises;
(b) administrative burdens, in particular
reporting obligations as well as
measurement and documentation
requirements, and their costs, with the
objective of reducing bureaucracy;
(c) the appropriateness of thresholds and
scope of application, in particular with
regard to structurally disadvantaged
regions and extensive or site-adapted
farming systems;
(d) the practical feasibility and technical
availability of emission reduction
measures as well as their cost-
effectiveness;
(e) potential distortions of competition
within the internal market and in
international trade, including the risk of
production relocation;
(f) coherence with other Union policies
and legal acts, in particular the Common
Agricultural Policy, in order to avoid
double burdens;
(g) impacts on security of supply, price
development and the long-term viability of
agricultural production in the Union.
The Commission shall submit a report on
the outcome of this review to the
European Parliament and the Council
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within five years of the entry into force of
this Directive. That report shall, where
appropriate, be accompanied by a
legislative proposal.
5. A Member State may apply to the
Commission for a derogation from
specific provisions of Chapter VIa,
provided that it demonstrates that:
(a) an at least equivalent or higher level
of environmental protection is achieved
through national measures;
(b) the functioning of the internal market
is not adversely affected; and
(c) no unjustified distortions of
competition arise.
The application shall be duly reasoned
and accompanied by an impact
assessment. The Commission shall decide
on the application by means of an
implementing act in accordance with the
examination procedure referred to in
Article [X]. That implementing act may
lay down conditions, time limits or
reporting obligations.
The authorisation shall be granted for a
maximum period of five years and may be
extended, upon request by the Member
State concerned, provided that the
conditions continue to be fulfilled.
4. The Commission shall review: 6. The Commission shall review:
(a) the need to control emissions from
onshore and offshore explo ration and
production of mineral oil and gas;
(a) the need to control emissions from
onshore and offshore explo ration and
production of mineral oil and gas;
(b) the need to control emissions from the
on-site treatment and extraction of non-
energy industrial minerals used in industry
other than for construction, as well as the
need to control emissions from the on-site
treatment and extraction of ores which are
newly carried out in the Union;
(b) the need to control emissions from the
on-site treatment and extraction of non-
energy industrial minerals used in industry
other than for construction, as well as the
need to control emissions from the on-site
treatment and extraction of ores which are
newly carried out in the Union;
(c) the need to revise the activity threshold
in Annex I for the production of hydrogen
by electrolysis of water.
(c) the need to revise the activity threshold
in Annex I for the production of hydrogen
by electrolysis of water.
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The Commission shall include the results
of that review in the first of the reports to
the European Parliament and to the
Council required under the first paragraph.
The Commission shall include the results
of that review in the first of the reports to
the European Parliament and to the
Council required under the first paragraph.’
Or. en
(Directive 2010/75/EU)
Amendment 367
Daniel Buda
Proposal for a directive
Article 2 – paragraph 1 – point 3 i (new)
Directive 2024/1785
Article 73 – paragraph 3
Text proposed by the Commission Amendment
(3i) in Article 73, paragraph 3 is deleted.
Or. en
Justification
Livestock farming is fundamentally different from industrial activities. Cattle production is
land-based, highly dependent on biological processes and local conditions, and cannot be
effectively regulated through an installation-based framework such as the IED. Including
livestock farms within the Directive would create disproportionate administrative burdens
and legal uncertainty without delivering clear environmental benefits.
Amendment 368
Jutta Paulus
Proposal for a directive
Article 2 – paragraph 1 – point 3 a (new)
Directive 2010/75/EU
Article 73 – paragraph 3 – point (a)
Present text Amendment
(3a) In Article 73(3), point (a) is
replaced by the following:
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(a) comprehensively address the emissions
from the rearing of livestock within the
Union, in particular from cattle; and
‘(a) comprehensively address the emissions
from the rearing of livestock within the
Union, in particular from cattle, and
evaluate options for ensuring greater
coherence in the regulatory framework
covering organic rearing activities as well
as possible adjustments to the calculation
of installation capacity under Annex Ia;'
Or. en
Amendment 369
Sergio Berlato, Michele Picaro, Pietro Fiocchi, Stefano Cavedagna, Nicola Procaccini,
Antonella Sberna, Paolo Inselvini
Proposal for a directive
Article 2 – paragraph 1 – point 3 b (new)
Directive 2010/75/EU
Article 73 – paragraph 3 – subparagraph 2
Present text Amendment
(3b) In Article 73(3), the second
subparagraph is replaced by the
following:
The Commission shall report the results of
that assessment by 31 December 2026 to
the European Parliament and the Council.
The report shall, if appropriate, be
accompanied by a legislative proposal.
‘The Commission shall report the results of
that assessment by 31 December [7 years
after the entry into force of the
implementing act referred to in
Article70i(2)] to the European Parliament
and the Council.’
Or. it
(https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=OJ:L_202401785)
Amendment 370
Letizia Moratti, Massimiliano Salini, Flavio Tosi
Proposal for a directive
Article 2 – paragraph – 3 a (new)
Directive 2010/75/EU
Article 73 – paragraph 3 – point a
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Text proposed by the Commission Amendment
(3a) In Article 73(3), point (a) is
deleted;
Or. en
(In Directive (EU) 2024/1785, Article 73, paragraph (3) a))
Amendment 371
Jutta Paulus
Proposal for a directive
Article 2 – paragraph 1 – point 4
Directive 2010/75/EU
Article 76
Text proposed by the Commission Amendment
(4) Article 76 is amended as follows: deleted
(i) in paragraph 2, the first sentence is
replaced by the following:
‘The power to adopt delegated acts
referred to in Article 48(5), and Article 74
shall be conferred on the Commission for
a period of 5 years from 1 August 2024.;’
‘The delegation of power referred to in
Article 48(5), and Article 74 may be
revoked at any time by the European
Parliament or by the Council.;’
‘A delegated act adopted pursuant to
Article 48(5) or Article 74 shall enter into
force only if no objection has been
expressed either by the European
Parliament or by the Council within a
period of 2 months of notification of that
act to the European Parliament and the
Council or if, before the expiry of that
period, the European Parliament and the
Council have both informed the
Commission that they will not object.;’
Or. en
PE791.123v02-00 88/158 AM\1348825EN.docx
EN
Amendment 372
Martin Günther, Sebastian Everding, Per Clausen
Proposal for a directive
Article 2 – paragraph 1 – point 4
Directive 2010/75/EU
Article 76
Text proposed by the Commission Amendment
(4) Article 76 is amended as follows: deleted
(i) in paragraph 2, the first sentence is
replaced by the following:
‘The power to adopt delegated acts
referred to in Article 48(5), and Article 74
shall be conferred on the Commission for
a period of 5 years from 1 August 2024.;’
‘The delegation of power referred to in
Article 48(5), and Article 74 may be
revoked at any time by the European
Parliament or by the Council.;’
‘A delegated act adopted pursuant to
Article 48(5) or Article 74 shall enter into
force only if no objection has been
expressed either by the European
Parliament or by the Council within a
period of 2 months of notification of that
act to the European Parliament and the
Council or if, before the expiry of that
period, the European Parliament and the
Council have both informed the
Commission that they will not object.;’
Or. en
Amendment 373
Carmen Crespo Díaz, Dolors Montserrat
Proposal for a directive
Article 2 – paragraph 1 – point 4 a (new)
Directive 2010/75/EU
Article 79 – paragraph 3 a (new)
Text proposed by the Commission Amendment
AM\1348825EN.docx 89/158 PE791.123v02-00
EN
(4a) In Article 79, the following
paragraph is inserted:
‘3a. Member States shall ensure that, in
relation to the activities cited in Annex Ia,
the penalties laid down in this Article take
due account of the following criteria:
(a) the nature of the livestock-rearing
activity;
(b) the nature of the infringement;
(c) the economic scale of the livestock
farm;
(d) the degree of negligence or
intentionality; and
(e) the economic capacity of the operator.
The provisions of the second
subparagraph of paragraph 2, relating to
the maximum levels of penalty linked to
turnover, shall not apply automatically to
activities listed in Annex Ia where this
could give rise to clearly disproportionate
outcomes.’
Or. es
((02010L0075-20240804))
Amendment 374
François-Xavier Bellamy, Céline Imart
Proposal for a directive
Article 2 – paragraph 1 – point 4 a (new)
Directive 2010/75/EU
Article 79 – paragraph 4 a (new)
Text proposed by the Commission Amendment
(4a) In Article 79, the following
paragraph is added:
‘4a. The activities referred to in Annex Ia
fall exclusively under paragraph 1.’
Or. fr
PE791.123v02-00 90/158 AM\1348825EN.docx
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Amendment 375
Anne-Sophie Frigout, Valérie Deloge, Gilles Pennelle, Mathilde Androuët, Ondřej
Knotek, Jana Nagyová
Proposal for a directive
Article 2 – paragraph 1 – point 4 a (new)
Directive 2010/75/EU
Article 79 – paragraph 4 a (new)
Text proposed by the Commission Amendment
(4a) In Article 79, the following
paragraph is added:
‘4a. Paragraphs 2 and 3 of this Article
shall not apply to the activities listed in
Annex Ia.’;
Or. fr
Amendment 376
François-Xavier Bellamy, Céline Imart
Proposal for a directive
Article 2 – paragraph 1 – point 4 b (new)
Directive 2010/75/EU
Article 79a – paragraph 3 a (new)
Text proposed by the Commission Amendment
(4b) In Article 79a, the following
paragraph is added:
‘3a. The provisions of this Article shall
not apply to the activities referred to in
Annex Ia.’
Or. fr
Amendment 377
Anne-Sophie Frigout, Valérie Deloge, Gilles Pennelle, Mathilde Androuët, Ondřej
Knotek, Jana Nagyová
Proposal for a directive
AM\1348825EN.docx 91/158 PE791.123v02-00
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Article 2 – paragraph 1 – point 4 b (new)
Directive 2010/75/EU
Article 79a – paragraph 3 a (new)
Text proposed by the Commission Amendment
(4b) In Article 79a, the following
paragraph is added:
‘3a. The provisions of this article shall not
apply to the activities listed in Annex Ia.’;
Or. fr
Amendment 378
Daniel Buda
Proposal for a directive
Article 2 – paragraph 1 – point 5
Directive 2010/75/EU
Article 82 – paragraph 14
Text proposed by the Commission Amendment
14. In relation to installations
carrying out activities referred to in
Annex Ia, Member States shall apply the
laws, regulations and administrative
provisions adopted in accordance with
this Directive within:
deleted
(a) 4 years of the entry into force of the
implementing act referred to in Article
70i(2), if the installation has a capacity of
600 LSU or more;
(b) 5 years of the entry into force of the
implementing act referred to in Article
70i(2), if the installation has a capacity of
400 LSU or more;
(c) 6 years of the entry into force of the
implementing act referred to in Article
70i(2), for all other installations covered
by Annex Ia.
Until the relevant date of application, as
referred to in the first subparagraph, the
installations mentioned in that
subparagraph which fall within the scope
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of this Directive in the version in force on
3 August 2024, shall comply with that
version.
Or. en
Justification
Livestock farms should not be treated in the same way as industrial installations and should
be removed from this Directive.
Amendment 379
Alexander Bernhuber
Proposal for a directive
Article 2 – paragraph 1 – point 5
Directive 2010/75/EU
Article 82 – paragraph 14
Text proposed by the Commission Amendment
14. In relation to installations
carrying out activities referred to in
Annex Ia, Member States shall apply the
laws, regulations and administrative
provisions adopted in accordance with
this Directive within:
deleted
(a) 4 years of the entry into force of the
implementing act referred to in Article
70i(2), if the installation has a capacity of
600 LSU or more;
(b) 5 years of the entry into force of the
implementing act referred to in Article
70i(2), if the installation has a capacity of
400 LSU or more;
(c) 6 years of the entry into force of the
implementing act referred to in Article
70i(2), for all other installations covered
by Annex Ia.
Until the relevant date of application, as
referred to in the first subparagraph, the
installations mentioned in that
subparagraph which fall within the scope
of this Directive in the version in force on
AM\1348825EN.docx 93/158 PE791.123v02-00
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3 August 2024, shall comply with that
version.
Or. en
Amendment 380
Anna Zalewska
Proposal for a directive
Article 2 – paragraph 1 – point 5
Directive 2010/75/EU
Article 82 – paragraph 14
Text proposed by the Commission Amendment
14. In relation to installations
carrying out activities referred to in
Annex Ia, Member States shall apply the
laws, regulations and administrative
provisions adopted in accordance with
this Directive within:
deleted
(a) 4 years of the entry into force of the
implementing act referred to in Article
70i(2), if the installation has a capacity of
600 LSU or more;
(b) 5 years of the entry into force of the
implementing act referred to in Article
70i(2), if the installation has a capacity of
400 LSU or more;
(c) 6 years of the entry into force of the
implementing act referred to in Article
70i(2), for all other installations covered
by Annex Ia.
Until the relevant date of application, as
referred to in the first subparagraph, the
installations mentioned in that
subparagraph which fall within the scope
of this Directive in the version in force on
3 August 2024, shall comply with that
version.
Or. en
PE791.123v02-00 94/158 AM\1348825EN.docx
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Amendment 381
François-Xavier Bellamy, Céline Imart
Proposal for a directive
Article 2 – paragraph 1 – point 5
Directive 2010/75/EU
Article 82 – paragraph 14 – introductory part
Text proposed by the Commission Amendment
In relation to installations carrying out
activities referred to in Annex Ia, Member
States shall apply the laws, regulations and
administrative provisions adopted in
accordance with this Directive within:
In relation to installations carrying out
activities referred to in Annex Ia, Member
States shall apply the laws, regulations and
administrative provisions adopted in
accordance with this Directive within four
years from the entry into force of the
implementing act referred to in Article 70
decies, paragraph 2.
Or. en
Amendment 382
François-Xavier Bellamy, Céline Imart
Proposal for a directive
Article 2 – paragraph 1 – point 5
Directive 2010/75/EU
Article 82 – paragraph 14 – point a
Text proposed by the Commission Amendment
(a) 4 years of the entry into force of
the implementing act referred to in Article
70i(2), if the installation has a capacity of
600 LSU or more;
deleted
Or. en
Amendment 383
François-Xavier Bellamy, Céline Imart
Proposal for a directive
Article 2 – paragraph 1 – point 5
Directive 2010/75/EU
Article 82 – paragraph 14 – subparagraph 1 – point b
AM\1348825EN.docx 95/158 PE791.123v02-00
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Text proposed by the Commission Amendment
(b) 5 years of the entry into force of
the implementing act referred to in Article
70i(2), if the installation has a capacity of
400 LSU or more;
deleted
Or. en
Amendment 384
François-Xavier Bellamy, Céline Imart
Proposal for a directive
Article 2 – paragraph 1 – point 5
Directive 2010/75/EU
Article 82 – paragraph 14 – subparagraph 1 – point c
Text proposed by the Commission Amendment
(c) 6 years of the entry into force of
the implementing act referred to in Article
70i(2), for all other installations covered
by Annex Ia.
deleted
Or. en
Amendment 385
Michal Wiezik, Martin Hojsík
Proposal for a directive
Article 2 – paragraph 1 – point 5
Directive 2010/75/EU
Article 82 – paragraph 14 – subparagraph 3
Text proposed by the Commission Amendment
‘By way of derogation from the first
subparagraph of this paragraph, an
installation which first falls within the
scope of this Directive after the entry into
force of the implementing act referred to
in Article 70i(2), shall not be obliged to
apply the rules of this Directive where it,
on the day of it falling into scope, is in the
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process of a transition towards resilient
production systems, including conversion
to organic farming and extensification of
livestock production systems pursuant
Article 10(1), point (b), of [CAP
Regulation ], where the transition plan
approved by the Member State details and
solemnly declares that upon completion of
the implementation of the transition
action plan the installation ceases to fall
within the scope of this Directive.’
Or. en
(Directive 2010/75/EC)
Justification
In the industrial part of the IED there is a specific derogation from the obligation of updating
the permit in case of a planned closure of the installation with a view to implement deep
industrial transformation. while the provision presented herewith is of a different nature, it
could be seen as analogous in that it prevents the sunk cost of an operator of a livestock
installation which would first fall within the scope of the Directive in hte future, but is in the
meantime started a transformation in accordance with the transition scheme as proposed in
the CAP Regulation 2025/0241 (COD).
Amendment 386
Carmen Crespo Díaz, Dolors Montserrat
Proposal for a directive
Article 2 – paragraph 1 – point 5
Directive 2010/75/EU
Article 82 – paragraph 14
Text proposed by the Commission Amendment
14. In relation to installations carrying out
activities referred to in Annex Ia, Member
States shall apply the laws, regulations and
administrative provisions adopted in
accordance with this Directive within:
‘14. In relation to installations carrying out
activities referred to in Annex Ia, Member
States shall apply the laws, regulations and
administrative provisions adopted in
accordance with this Directive by:
(a) 4 years of the entry into force of the
implementing act referred to in Article
70i(2), if the installation has a capacity of
600 LSU or more;
(a) 2032, if the plant has a capacity of 600
LSU or more;
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(b) 5 years of the entry into force of the
implementing act referred to in Article
70i(2), if the installation has a capacity of
400 LSU or more;
(b) 2036, if the plant has a capacity of 400
LSU or more;
(c) 6 years of the entry into force of the
implementing act referred to in Article
70i(2), for all other installations covered by
Annex Ia.
(c) 2040 for all other installations covered
by Annex Ia.
Until the relevant date of application, as
referred to in the first subparagraph, the
installations mentioned in that
subparagraph which fall within the scope
of this Directive in the version in force on
3 August 2024, shall comply with that
version.
Until the relevant date of application as
referred to in the first subparagraph, the
installations mentioned in that
subparagraph which fall within the scope
of this Directive in the version in force on
3 August 2024, shall comply with that
version.’
Or. es
Justification
It is necessary to provide for adequate transitional periods to allow the intensive livestock
rearing sector to adapt to the standards of the Directive.
Amendment 387
Sergio Berlato, Michele Picaro, Pietro Fiocchi, Stefano Cavedagna, Nicola Procaccini,
Antonella Sberna, Paolo Inselvini
Proposal for a directive
Article 2 – paragraph 1 – point 5
Directive 2010/75/EU
Article 82 – paragraph 14
Present text Amendment
In Article 82, paragraph 14 is amended as
follows
14. In relation to installations carrying out
activities referred to in Annex Ia, Member
States shall apply the laws, regulations and
administrative provisions adopted in
accordance with this Directive within:
‘14. In relation to installations carrying out
activities referred to in Annex Ia, Member
States shall apply the laws, regulations and
administrative provisions adopted in
accordance with this Directive within
6 years of the entry into force of the
implementing act referred to in Article
70i(2).
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(a) 4 years of the entry into force of the
implementing act referred to in Article
70i(2), if the installation has a capacity of
600 LSU or more;
(b) 5 years of the entry into force of the
implementing act referred to in Article
70i(2), if the installation has a capacity of
400 LSU or more;
(c) 6 years of the entry into force of the
implementing act referred to in Article
70i(2), for all other installations covered
by Annex Ia.
Until the relevant date of application, as
referred to in the first subparagraph, the
installations mentioned in that
subparagraph which fall within the scope
of Directive 2010/75/EU in the version in
force on the day before this Directive
enters into force, shall comply with
Directive 2010/75/EU in that version.
Until the relevant date of application as
referred to in the first subparagraph the
installations mentioned in that
subparagraph, which fall within the scope
of Directive 2010/75/EU, in the version in
force on the day before this Directive
enters into force, shall comply with
Directive 2010/75/EU in that version.’
Or. it
(https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=OJ:L_202401785)
Amendment 388
Letizia Moratti, Massimiliano Salini, Flavio Tosi
Proposal for a directive
Article 2 – paragraph 1 – point 5
Directive 2010/75/EU
Article 82 – paragraph 14
Present text Amendment
In Article 82, paragraph 14 is replaced by
the following:
14. In relation to installations carrying out
activities referred to in Annex Ia, Member
States shall apply the laws, regulations and
administrative provisions adopted in
accordance with this Directive within
14. In relation to installations carrying out
activities referred to in Annex Ia, Member
States shall apply the laws, regulations and
administrative provisions adopted in
accordance with this Directive within six
years from the entry into force of the
implementing act referred to in Article 70
decies(2).
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(a) 4 years of the entry into force of
the implementing act referred to in Article
70i(2), if the installation has a capacity of
600 LSU or more;
(b) 5 years of the entry into force of
the implementing act referred to in Article
70i(2), if the installation has a capacity of
400 LSU or more;
(c) 6 years of the entry into force of the
implementing act referred to in Article
70i(2) for all other installations covered
by Annex Ia.
Until the relevant date of application, as
referred to in the first subparagraph, the
installations mentioned in that
subparagraph which fall within the scope
of this Directive in the version in force on
3 August 2024, shall comply with that
version.
Until the relevant date of application, as
referred to in the first subparagraph, the
installations mentioned in that
subparagraph which fall within the scope
of Directive 2010/75/EU in the version in
force on the day before … [entry into
force of this amending Directive], shall
comply with Directive 2010/75/EU in that
version.
Or. en
(Directive (EU) 2024/1785)
Amendment 389
Anna Zalewska
Proposal for a directive
Article 2 – paragraph 1 – point 5
Directive 2010/75/EU
Article 82 – paragraph 15
Text proposed by the Commission Amendment
15. Derogations granted by the
competent authority in accordance with
Article 15(5) before 1 July 2026 shall
remain valid until the competent authority
reassesses whether the derogation is
justified under Article 15(5). The
reassessment shall be carried out 4 years
from 1 July 2026 or as part of the
reconsideration of the permit conditions
15. Derogations granted by the
competent authority in accordance with
Article 15(5) before 1 July 2026 shall
remain valid until the competent authority
reassesses whether the derogation is
justified under Article 15(5). The
reassessment shall be carried out 6 years
from 1 July 2026 or as part of the
reconsideration of the permit conditions
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pursuant to Article 21, whichever is the
earlier.
pursuant to Article 21, whichever is the
earlier.
Or. en
Amendment 390
Jeannette Baljeu, Andreas Glück, Ilhan Kyuchyuk, Ana Vasconcelos
Proposal for a directive
Article 2 – paragraph 1 – point 5
Directive 2010/75/EU
Article 82 – paragraph 16 a (new)
Text proposed by the Commission Amendment
‘16a. For installations, or clearly
separable parts of installations, whose
purpose is linked to defence or national
security, Member States may adjust the
timetable or modalities for the application
of the requirements referred to in
paragraphs 10 to 14, where their
application would demonstrably and
directly affect essential security interests,
operational defence readiness, or the
protection of classified information. Any
such adjustment shall be limited to what is
strictly necessary and proportionate, shall
not constitute a general exemption from
the obligations of this Directive, Member
States shall document the reasons for
such adjustment, without requiring the
disclosure of classified information.’
Or. en
Justification
Certain defence-related installations may face specific operational or security constraints,
including the protection of classified information. A narrowly framed derogation, solely for
defence and national security, within the transitional provisions ensures legal certainty
without creating a general exemption from the Directive or lowering the level of protection of
human health and the environment.
Amendment 391
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Ondřej Knotek, Jana Nagyová, Antonín Staněk, Roman Haider, Viktória Ferenc, Anne-
Sophie Frigout
Proposal for a directive
Article 4 a (new)
Text proposed by the Commission Amendment
Article 4a
Anti-gold-plating clause
Member States shall not require economic
operators to submit information, reports,
notifications or registrations that
duplicate obligations established under
Union law in the areas covered by this
Directive.
Where a Member State considers
additional requirements necessary to
address a specific national circumstance,
it shall demonstrate that such
requirements are proportionate, non-
discriminatory and cannot be satisfied
through information already available
under Union law.
Or. en
Amendment 392
Ondřej Knotek, Jana Nagyová, Antonín Staněk, Anne-Sophie Frigout, Viktória Ferenc
Proposal for a directive
Article 4 b (new)
Text proposed by the Commission Amendment
Article 4b
Report-Once"-Principle
Member States shall ensure that economic
operators are not required to provide the
same information more than once to
public authorities under the legal acts
covered by this Directive.
Competent authorities shall make use of
information already submitted under
Union or national legislation where such
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information is available through
electronic means and may be reused for
regulatory purposes.
Or. en
Amendment 393
Ondřej Knotek, Jana Nagyová, Antonín Staněk, Anne-Sophie Frigout, Viktória Ferenc
Proposal for a directive
Article 4 c (new)
Text proposed by the Commission Amendment
Article 4c
Review of remaining reporting obligations
By … [three years from the entry into
force of this amending Directive], the
Commission shall assess whether
reporting, monitoring, registration and
notification obligations under the legal
acts covered by this Directive can be
further simplified without reducing
environmental protection.
The assessment shall quantify the
administrative costs borne by
undertakings, with particular attention to
small and medium-sized enterprises, and
shall, where appropriate, be accompanied
by legislative proposals.
Or. en
Amendment 394
Carmen Crespo Díaz, Dolors Montserrat, Peter Liese
Proposal for a directive
Article 4 a – paragraph 1 a (new)
Directive (EU) 2024/3019
Article 9 – paragraph 1
Present text Amendment
AM\1348825EN.docx 103/158 PE791.123v02-00
EN
Article 4a
Amendment to Directive (EU) 2024/3019
(1a) In Article 9(1), the first
subparagraph is replaced by the
following:
1. Member States shall take measures to
ensure that by 31 December 2028,
producers who place any of the products
listed in Annex III on the market have
extended producer responsibility.
‘1. Member States shall take measures to
ensure that by 31 December 2030,
producers who place any of the products
listed in Annex III on the market have
extended producer responsibility.’
Or. es
Justification
In view of the imminent implementation of extended producer responsibility obligations and
with the aim of ensuring adequate legal certainty for the sectors concerned and preserving
the production of medicines in the EU, an initial delay of 2 years is proposed for the
implementation of these obligations.
Amendment 395
Carmen Crespo Díaz, Dolors Montserrat, Peter Liese
Proposal for a directive
Article 4 a – paragraph 1 b (new)
Directive (EU) 2024/3019
Article 9 – paragraph 1 – subparagraph 2 a (new)
Text proposed by the Commission Amendment
Article 4a
Amendment to Directive (EU) 2024/3019
(1b) in Article 9(1), the following
subparagraph is added:
‘The European Commission shall
produce as soon as possible a new impact
assessment to ascertain the list of
substances present in urban wastewater,
verify the costs of quaternary treatment,
review the attribution of responsibility to
the relevant sectors under the polluter
pays principle, and determine the impact
on the availability, affordability and
accessibility of medicines, in particular
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generic and critical medicines and their
active substances.
If the results demonstrate a risk to the
affordability, availability and accessibility
of those medicines and active substances,
the Commission shall propose measures
to address those risks, including
legislative proposals and, in particular,
the temporary suspension of extended
producer responsibility obligations.’
Or. es
Justification
The attribution by the Commission of most of the micro-pollutant load to pharmaceutical and
cosmetic products has been questioned on methodological and scientific grounds. If a new
impact assessment identifies significant risks to the production of medicines and active
substances in the EU, the Commission should propose a temporary suspension of these
obligations.
Amendment 396
Carmen Crespo Díaz, Dolors Montserrat, Peter Liese
Proposal for a directive
Article 4 a – paragraph 1 c (new)
Directive (EU) 2024/3019
Article 9 – paragraph 2 – point b a (new)
Text proposed by the Commission Amendment
Article 4a
Amendment to Directive (EU) 2024/3019
(1c) In Article 9, paragraph 2, the
following point is inserted:
‘(ba) in relation to investment costs, there
are no approved plans and milestones,
independent audits of costs and
compensation or claw-back mechanisms
in relation to the date of entry into
operation of the infrastructure;’
Or. es
AM\1348825EN.docx 105/158 PE791.123v02-00
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Justification
In relation to extended producer responsibility obligations, safeguards should be provided for
in case quaternary treatments are not in place or they are not functioning efficiently.
Amendment 397
Carmen Crespo Díaz, Dolors Montserrat, Peter Liese
Proposal for a directive
Article 4 a – paragraph 1 d (new)
Directive (EU) 2024/3019
Article – paragraph 2 – point b b (new)
Text proposed by the Commission Amendment
Article 4a
Amendment to Directive (EU) 2024/3019
(1d) In Article 9, paragraph 2, the
following point is inserted:
‘(bb) in relation to operational costs, the
infrastructure is not operational or it is
not operating efficiently.’
Or. es
Justification
In relation to extended producer responsibility obligations, safeguards should be provided for
in case quaternary treatments are not in place or they are not functioning efficiently.
Amendment 398
Andrea Wechsler, Christian Ehler, Jens Gieseke, Angelika Niebler, Oliver Schenk,
Norbert Lins, Zala Černilec Tomašič, Peter Liese, Wouter Beke
Proposal for a directive
Article 4 a (new)
Council Directive 92/43/EEC
Article 2 – paragraph 3a (new)
Text proposed by the Commission Amendment
Article 4a
Amendments to Council Directive
92/43/EEC
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In Article 2 of Council Directive
92/43/EEC, the following paragraph is
added:
‘3a. By way of derogation from
paragraphs 1 and 2, and until 31
December 2035 and in order to achieve
the climate neutrality objective and
intermediate climate targets referred to in
Articles 2 and 4 of Regulation (EU)
2021/1119, the following overarching
objectives shall take precedence over the
conservation objectives set out in those
paragraphs:
(a) the industrial transformation and
decarbonisation of the Union economy;
(b) the energy transition of the Union;
(c) the digital transition of the Union.
The conservation of natural habitats and
of wild fauna and flora as provided for in
this Directive shall not constitute an
obstacle to the pursuit or achievement of
the objectives referred to in the first
subparagraph.
By 31 December 2034, the Commission
shall submit a report to the European
Parliament and to the Council on the
application of this paragraph,
accompanied, where appropriate, by a
legislative proposal.’
Or. en
(https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A01992L0043-20250714)
Justification
The amendment supports the Directive’s objective of targeted simplification and more
proportionate environmental permitting by introducing a clear legal basis for Member States
to apply limited derogations from certain requirements where this is necessary and
proportionate for the achievement of climate neutrality, security of energy supply and digital
sovereignty. It reflects the strategic importance of accelerating Europe’s industrial
transformation as well as the energy and digital transition, while preserving the overall
objectives and safeguards of the Directive. In light of the transitional nature of this
prioritisation, the amendment provides for a time limit for such projects.
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Amendment 399
Andrea Wechsler, Christian Ehler, Jens Gieseke, Angelika Niebler, Oliver Schenk,
Norbert Lins, Zala Černilec Tomašič, Peter Liese, Wouter Beke
Proposal for a directive
Article 4 b (new)
Council Directive 92/43/EEC
Article 6 – paragraph 4
Present text Amendment
Article 4b
Amendments to Council Directive
92/43/EEC
In Article 6 of Council Directive
92/43/EEC, paragraph 4 is replaced by
the following:
4. If, in spite of a negative assessment of
the implications for the site and in the
absence of alternative solutions, a plan or
project must nevertheless be carried out for
imperative reasons of overriding public
interest, including those of a social or
economic nature, the Member State shall
take all compensatory measures necessary
to ensure that the overall coherence of
Natura 2000 is protected. It shall inform
the Commission of the compensatory
measures adopted. Where the site
concerned hosts a priority natural habitat
type and/or a priority species, the only
considerations which may be raised are
those relating to human health or public
safety, to beneficial consequences of
primary importance for the environment or,
further to an opinion from the Commission,
to other imperative reasons of overriding
public interest.
‘4. If, in spite of a negative assessment of
the implications for the site and in the
absence of alternative solutions, a plan or
project must nevertheless be carried out for
imperative reasons of overriding public
interest, including those of a social or
economic nature, the Member State shall
take proportional compensatory measures
to ensure that the overall coherence of
Natura 2000 is protected. The
compensatory measures may be
implemented through geographically
separate sites or areas. Compensatory
measures shall be implemented as soon as
practicable and shall be operational no
later than five years after the
commencement of the plan or project to
which they relate. It shall inform the
Commission of the compensatory measures
adopted. Where the site concerned hosts a
priority natural habitat type and/or a
priority species, the only considerations
which may be raised are those relating to
human health or public safety, to beneficial
consequences of primary importance for
the environment or, further to an opinion
from the Commission, to other imperative
reasons of overriding public interest. By
way of derogation from the second
subparagraph, and until 31 December
2035, the objectives referred to in Article
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2(4) shall constitute imperative reasons of
overriding public interest within the
meaning of the first subparagraph of this
paragraph, including where the plan or
project concerned affects a site hosting a
priority natural habitat type and/or a
priority species. No opinion from the
Commission shall be required in such
cases.’
Or. en
(https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A01992L0043-20250714)
Justification
The rebalancing is necessary to support the Directive’s objective of targeted simplification
and more proportionate application of Union environmental legislation. Projects which are
essential for Europe’s industrial transformation, energy security and digital transition must
be capable of being delivered in practice and without disproportionate delays. Recognising
such authorised projects as being in the overriding public interest provides greater legal
certainty, accelerates permitting and helps ensure that environmental procedures remain
efficient, effective and aligned with the Union’s strategic objectives, including climate
neutrality and competitiveness.
Amendment 400
Andrea Wechsler, Christian Ehler, Jens Gieseke, Angelika Niebler, Oliver Schenk,
Norbert Lins, Zala Černilec Tomašič, Peter Liese, Wouter Beke
Proposal for a directive
Article 4 c (new)
Council Directive 92/43/EEC
Article 16
Present text Amendment
Article 4c
Amendments to Council Directive
92/43/EEC
Article 16 of Council Directive 92/43/EEC
is replaced by the following:
1. Provided that there is no satisfactory
alternative and the dero gation is not
detrimental to the maintenance of the
populations of the species concerned at a
favourable conservation status in their
‘1. Provided that there is no satisfactory
alternative and the dero gation is not
detrimental to the maintenance of the
populations of the species concerned at a
favourable conservation status in their
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natural range, Member States may derogate
from the provisions of Articles 12, 13, 14
and 15 (a) and (b): (a) in the interest of
protecting wild fauna and flora and
conserving natural habitats; (b) to prevent
serious damage, in particular to crops,
livestock, forests, fisheries and water and
other types of property; (c) in the interests
of public health and public safety, or for
other imperative reasons of overriding
public interest, including those of a social
or economic nature and beneficial
consequences of primary importance for
the environment; (d) for the purpose of
research and education, of repopulating
and re- introducing these species and for
the breedings operations necessary for
these purposes, including the artificial
propagation of plants; (e) to allow, under
strictly supervised conditions, on a
selective basis and to a limited extent, the
taking or keeping of certain specimens of
the species listed in Annex IV in limited
numbers specified by the competent
national authorities.
natural range, Member States may derogate
from the provisions of Articles 12, 13, 14
and 15 (a) and (b): (a) in the interest of
protecting wild fauna and flora and
conserving natural habitats; (b) to prevent
serious damage, in particular to crops,
livestock, forests, fisheries and water and
other types of property; (c) in the interests
of public health and public safety, or for
other imperative reasons of overriding
public interest, including those of a social
or economic nature, those set out in Article
2(4), and beneficial consequences of
primary importance for the environment;
(d) for the purpose of research and
education, of repopulating and re-
introducing these species and for the
breedings operations necessary for these
purposes, including the artificial
propagation of plants; (e) to allow, under
strictly supervised conditions, on a
selective basis and to a limited extent, the
taking or keeping of certain specimens of
the species listed in Annex IV in limited
numbers specified by the competent
national authorities.
1a. Incidental capture, killing or
disturbance of specimens of species listed
in Annex IV(a), resulting from the
planning, construction, repowering,
operation or maintenance of energy
infrastructure projects authorised in
accordance with Union and national law,
shall not be considered deliberate within
the meaning of Article 12(1), provided
that appropriate mitigation measures are
applied and that the project does not
jeopardise the maintenance of the
populations of the species concerned at a
favourable conservation status in their
natural range.
2. Member States shall forward to the
Commission every two years a report in
accordance with the format established by
the Committee on the derogations applied
under paragraph 1. The Commission shall
give its opinion on these derogations
within a maximum time limit of 12 months
2. Member States shall forward to the
Commission every two years a report in
accordance with the format established by
the Committee on the derogations applied
under paragraph 1. The Commission shall
give its opinion on these derogations
within a maximum time limit of 12 months
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following receipt of the report and shall
give an account to the Committee.
following receipt of the report and shall
give an account to the Committee.
3. The reports shall specify: (a) the species
which are subject to the derogations and
the reason for the derogation, including the
nature of the risk, with, if appropriate, a
reference to alternatives rejected and
scientific data used; (b) the means, devices
or methods authorized for the capture or
killing of animal species and the reasons
for their use; (c) the circumstances of when
and where such derogations are granted;
(d) the authority empowered to declare and
check that the required conditions obtain
and to decide what means, devices or
methods may be used, within what limits
and by what agencies, and which persons
are to carry out the task; (e) the supervisory
measures used and the results obtained.
3. The reports shall specify: (a) the species
which are subject to the derogations and
the reason for the derogation, including the
nature of the risk, with, if appropriate, a
reference to alternatives rejected and
scientific data used; (b) the means, devices
or methods authorized for the capture or
killing of animal species and the reasons
for their use; (c) the circumstances of when
and where such derogations are granted;
(d) the authority empowered to declare and
check that the required conditions obtain
and to decide what means, devices or
methods may be used, within what limits
and by what agencies, and which persons
are to carry out the task; (e) the supervisory
measures used and the results obtained.’
Or. en
(https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A01992L0043-20250714)
Justification
The amendment supports the Directive’s objective of targeted simplification and more
proportionate environmental permitting. It clarifies that incidental capture, killing or
disturbance linked to authorised climate-neutrality projects should not be considered
deliberate where appropriate mitigation measures are applied and the conservation status of
the species concerned is maintained. This strengthens legal certainty while preserving species
protection and enabling the timely deployment of strategic projects necessary for the Union’s
industrial transformation, energy security, digital transition and climate-neutrality objective.
Amendment 401
Carmen Crespo Díaz, Dolors Montserrat, Peter Liese
Proposal for a directive
Article 4 a – paragraph 1 a (new)
Directive (EU) 2019/904
Article 6 – paragraph 1
Text proposed by the Commission Amendment
Article 4a
Amendments to Directive (EU) 2019/904
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(1a) in Article 6, paragraph1 is deleted.
Or. en
Justification
Regulation (EU) 2025/40 already contains provisions in relation to packaging design, and
recyclability, including the separability of certain elements such as caps and lids. The overly
rigid provisions of Directive (EU) 2019/904 concerning straws, lids and caps should be
removed due to the increased complexity of production, lack of proportionality and the
rejection by a large number of citizens, who consider that there are other priority areas for
environmental policies.
Amendment 402
Carmen Crespo Díaz, Dolors Montserrat, Peter Liese
Proposal for a directive
Article 4 a – paragraph 1 b (new)
Directive (EU) 2019/904
Article 6 – paragraph 3
Text proposed by the Commission Amendment
Article 4a
Amendments to Directive (EU) 2019/904
(1b) in Article 6, paragraph 3 is deleted.
Or. en
Justification
Regulation (EU) 2025/40 already contains provisions in relation to packaging design, and
recyclability, including the separability of certain elements such as caps and lids. The overly
rigid provisions of Directive (EU) 2019/904 concerning straws, lids and caps should be
removed due to the increased complexity of production, lack of proportionality and the
rejection by a large number of citizens, who consider that there are other priority areas for
environmental policies.
Amendment 403
Carmen Crespo Díaz, Dolors Montserrat, Peter Liese
Proposal for a directive
Article 4 a – paragraph 1 c (new)
Directive (EU) 2019/904
Article 6 – paragraph 4
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Text proposed by the Commission Amendment
Article 4a
Amendments to Directive (EU) 2019/904
(1c) in Article 6, paragraph 4 is deleted.
Or. en
Justification
Regulation (EU) 2025/40 already contains provisions in relation to packaging design, and
recyclability, including the separability of certain elements such as caps and lids. The overly
rigid provisions of Directive (EU) 2019/904 concerning straws, lids and caps should be
removed due to the increased complexity of production, lack of proportionality and the
rejection by a large number of citizens, who consider that there are other priority areas for
environmental policies.
Amendment 404
Carmen Crespo Díaz, Dolors Montserrat, Peter Liese
Proposal for a directive
Article 4 a – paragraph 1 d (new)
Directive (EU) 2019/904
Article 15 – paragraph 3 – point a
Present text Amendment
Article 4a
Amendments to Directive (EU) 2019/904
(a) an assessment of the need to review the
Annex listing single-use plastic products,
including as regards caps and lids made
of plastic which are used for glass and
metal beverage containers;
(1d) in Article 15(3), point (a) is replaced
by the following:
‘(a) an assessment of the need to review
the Annex listing single-use plastic
products;’
Or. en
Justification
Regulation (EU) 2025/40 already contains provisions in relation to packaging design, and
recyclability, including the separability of certain elements such as caps and lids. The overly
rigid provisions of Directive (EU) 2019/904 concerning straws, lids and caps should be
removed due to the increased complexity of production, lack of proportionality and the
rejection by a large number of citizens, who consider that there are other priority areas for
environmental policies.
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Amendment 405
Carmen Crespo Díaz, Dolors Montserrat, Peter Liese
Proposal for a directive
Article 4 a – paragraph 1 e (new)
Directive (EU) 2019/904
Annex – Part B – point 4
Text proposed by the Commission Amendment
Article 4a
Amendments to Directive (EU) 2019/904
‘(1e) in the Annex, Part B, point 4 is
deleted.’
Or. en
Justification
Regulation (EU) 2025/40 already contains provisions in relation to packaging design, and
recyclability, including the separability of certain elements such as caps and lids. The overly
rigid provisions of Directive (EU) 2019/904 concerning straws, lids and caps should be
removed due to the increased complexity of production, lack of proportionality and the
rejection by a large number of citizens, who consider that there are other priority areas for
environmental policies.
Amendment 406
Carmen Crespo Díaz, Dolors Montserrat, Peter Liese
Proposal for a directive
Article 4 a – paragraph 1 f (new)
Directive (EU) 2019/904
Annex – Part C
Text proposed by the Commission Amendment
Article 4a
Amendments to Directive (EU) 2019/904
(1f) in the Annex, Part C is deleted.
Or. en
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Justification
Regulation (EU) 2025/40 already contains provisions in relation to packaging design, and
recyclability, including the separability of certain elements such as caps and lids. The overly
rigid provisions of Directive (EU) 2019/904 concerning straws, lids and caps should be
removed due to the increased complexity of production, lack of proportionality and the
rejection by a large number of citizens, who consider that there are other priority areas for
environmental policies.
Amendment 407
Andrea Wechsler, Christian Ehler, Jens Gieseke, Angelika Niebler, Oliver Schenk,
Norbert Lins, Zala Černilec Tomašič, Peter Liese, Wouter Beke
Proposal for a directive
Article 4 d (new)
Directive 2009/147/EC
Article 5 – paragraph 1 a (new)
Text proposed by the Commission Amendment
Article 4d
Directive 2009/147/EC is amended as
follows:
In Article 5, the following paragraph is
added:
‘1a. By way of derogation from paragraph
1, and until 31 December 2035, the
prohibitions set out in that paragraph
shall not apply to activities, plans or
projects that contribute to the objectives
referred to in Article 2(4) of Council
Directive 92/43/EEC. Member States shall
keep records of determinations made
pursuant to this paragraph and shall
communicate a summary thereof to the
Commission annually. By 31 December
2034, the Commission shall submit a
report to the European Parliament and to
the Council on the application of this
paragraph, accompanied, where
appropriate, by a legislative proposal.’
Or. en
(https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02009L0147-20190626)
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Justification
The amendment supports the Directive’s objective of targeted simplification and more
proportionate environmental permitting by introducing a clear legal basis for Member States
to apply limited derogations from certain requirements where this is necessary and
proportionate for the achievement of climate neutrality, security of energy supply and digital
sovereignty. It reflects the strategic importance of accelerating Europe’s industrial
transformation as well as the energy and digital transition, while preserving the overall
objectives, safeguards and existing framework of this Directive. Given the transitional nature
of this prioritisation, the amendment provides for a time limit for such projects.
Amendment 408
Andrea Wechsler, Christian Ehler, Jens Gieseke, Angelika Niebler, Oliver Schenk,
Norbert Lins, Zala Černilec Tomašič, Peter Liese, Wouter Beke
Proposal for a directive
Article 4 e (new)
Directive 2009/147/EC
Article 9 – paragraph 1 – pont c a (new)
Text proposed by the Commission Amendment
Article 4e
Directive 2009/147/EC is amended as
follows:
In Article 9(1), the following point is
inserted:
‘(ca) until 31 December 2035, in order to
achieve climate neutrality, to support
activities, plans or projects that contribute
to the objectives referred to in Article 2(4)
of Council Directive 92/43/EEC.’
Or. en
(https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02009L0147-20190626)
Justification
Extending the possibility for Member States to apply limited and proportionate derogations
from certain requirements of this Directive to climate-neutrality projects necessary for
Europe’s industrial transformation, energy security and digital transition.
Amendment 409
PE791.123v02-00 116/158 AM\1348825EN.docx
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Carmen Crespo Díaz, Dolors Montserrat
Proposal for a directive
Article 4 b (new)
Directive 2000/60/EC
Article 4 – paragraph 4 a (new)
Text proposed by the Commission Amendment
Article 4b
In Article 4 of Directive 2000/60/EC, the
following paragraph is added:
‘4a. By way of derogation from
paragraph 4, point (c), the deadlines set
out in paragraph 1 may be extended a
third time through a further update of the
river basin management plans in those
Member States seriously affected by
climate change and with very arid
conditions. To measure the impact of
climate change and aridity, an aridity
index shall be used, which shall be
calculated as the ratio of average annual
evapotranspiration to average annual
precipitation over a reference period of
30 years. Member States showing an
aridity index higher than 1 shall be
considered to have very arid conditions.
That third extension shall only be possible
if all the other conditions set out in
paragraph 4 are also met.’
Or. es
Justification
La Directiva Marco de Aguas fue aprobada en un momento en el que los efectos del cambio
climático no estaban completamente integrados en las políticas de la UE. El cumplimiento de
los objetivos ambientales fijados en los primeros planes hidrológicos de cuenca es muy
complicado en las regiones de la ribera del Mar Mediterráneo, el mar que más rápidamente
se está calentando en el mundo, que sufren de forma directa las consecuencias del cambio
climático y una aridez extrema que impide la recuperación de las masas de agua con peor
calidad, especialmente las aguas subterráneas. Se propone una tercera prórroga para el
cumplimiento de los objetivos ambientales de la Directiva, hasta 2033, para evitar impactos
económicos y sociales en los países de la UE más afectados por el cambio climático. Mas
información sobre el índice de aridez: Aridity Actual | Indicators | Discover the key services,
thematic features and tools of Climate-ADAPT Climate-ADAPT
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Amendment 410
Andrea Wechsler, Christian Ehler, Jens Gieseke, Angelika Niebler, Oliver Schenk,
Norbert Lins, Zala Černilec Tomašič, Peter Liese, Wouter Beke
Proposal for a directive
Article 4 f (new)
Directive 2000/60/EC
Article 4 – paragraph 8 a (new)
Text proposed by the Commission Amendment
Article 4f
Amendments to Directive 2000/60/EC
In Article 4 of Directive 2000/60/EC, the
following paragraph is inserted:
‘8a. By way of derogation from paragraph
7, and until 31 December 2035, Member
States shall not be in breach of this
Directive where failure to achieve or
maintain the objectives set out in
paragraph 1 results from activities, plans
or projects that contribute to the
objectives referred to in Article 2(4) of
Council Directive 92/43/EEC, provided
that the reasons for the modification or
deterioration are specifically set out and
explained in the relevant river basin
management plan or, where the relevant
river basin management plan has not yet
been updated, in a standalone notification
submitted to the Commission within
twelve months of the authorisation of the
activity, plan or project concerned. The
condition set out in paragraph 7(c)
requiring demonstration of overriding
public interest and the condition set out in
paragraph 7(d) requiring demonstration
that the beneficial objectives cannot be
achieved by other means shall not apply to
activities, plans or projects falling within
the scope of this paragraph. For the
purposes of applying the deterioration
standard under paragraph 1(a)(i), a
deterioration of the status of a surface
water body shall be deemed to occur only
where the overall ecological status
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classification of the water body declines
by one class or more. By 31 December
2034, the Commission shall submit a
report to the European Parliament and to
the Council on the application of this
paragraph, accompanied, where
appropriate, by a legislative proposal’
Or. en
(https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02000L0060-20260510)
Justification
The amendment introduces a clear legal basis for Member States to apply limited and
proportionate derogations from certain requirements of this Directive where necessary to
achieve climate neutrality, security of energy supply and digital sovereignty. It supports the
acceleration of Europe’s industrial transformation as well as the energy and digital
transition, while preserving the Directive’s overall objectives, safeguards and existing
framework. Given the transitional nature of this prioritisation, the amendment provides for a
time limit for such projects.
Amendment 411
Andrea Wechsler, Christian Ehler, Jens Gieseke, Angelika Niebler, Oliver Schenk,
Norbert Lins, Zala Černilec Tomašič, Peter Liese, Wouter Beke
Proposal for a directive
Article 4 g (new)
Directive (EU) 2024/2881
Article 13 – paragraph 3 a (new)
Text proposed by the Commission Amendment
Article 4g
In Article 13 of Directive (EU) 2024/2881,
the following paragraph is inserted:
‘3a. By way of derogation from paragraph
1 and until 31 December 2035, Member
States shall not be considered to have
failed to fulfil their obligations under this
Article where exceedances of the limit
values set out in Annex I are attributable,
in whole or in material part, to activities,
plans or projects contributing to the
objectives referred to in Article 2(4) of
Council Directive 92/43/EEC. The
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Member State concerned shall notify the
Commission of the exceedance and its
causes. By 31 December 2034, the
Commission shall submit a report to the
European Parliament and to the Council
on the application of this paragraph,
accompanied, where appropriate, by a
legislative proposal.’;
Or. en
(https://eur-lex.europa.eu/eli/dir/2024/2881/oj/eng)
Justification
The amendment supports targeted simplification and more proportionate permitting by
introducing a clear legal basis for Member States to apply limited and proportionate
derogations from certain requirements of this Directive where necessary to achieve climate
neutrality, security of energy supply and digital sovereignty. It reflects the strategic
importance of accelerating Europe’s industrial transformation as well as the energy and
digital transition, while preserving the Directive’s overall objectives, safeguards and existing
framework. Given the transitional nature of this prioritisation, the amendment provides for a
time limit for such projects.
Amendment 412
Andrea Wechsler, Christian Ehler, Jens Gieseke, Angelika Niebler, Oliver Schenk,
Norbert Lins, Zala Černilec Tomašič, Peter Liese, Wouter Beke
Proposal for a directive
Article 4 h (new)
Directive 2011/92/EU
Article 4 – paragraph 4 a (new)
Text proposed by the Commission Amendment
Article 4h
Amendments to Directive 2011/92/EU
In Article 4 of Directive 2011/92/EU, the
following paragraph is inserted:
‘4a. Activities, plans and pProjects that
contribute to the objectives referred to in
Article 2(4) of Council Directive
92/43/EEC shall, for the purposes of
screening under this Article, be presumed
not to have significant effects on the
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environment within the meaning of
paragraph 3.’
Or. en
(https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02011L0092-20140515)
Justification
The amendment introduces a clear legal basis for Member States to apply limited and
proportionate derogations from certain requirements of this Directive where necessary to
achieve climate neutrality, security of energy supply and digital sovereignty. It supports the
timely deployment of projects essential for Europe’s industrial transformation and the energy
and digital transition, while preserving the Directive’s overall objectives and safeguards.
Given the transitional nature of this prioritisation, the amendment provides for a time limit
for such projects.
Amendment 413
Andrea Wechsler, Christian Ehler, Jens Gieseke, Angelika Niebler, Oliver Schenk,
Norbert Lins, Zala Černilec Tomašič, Peter Liese, Wouter Beke
Proposal for a directive
Article 4 i (new)
Directive 2008/56/EC
Article 14 – paragraph 1
Present text Amendment
Article 4i
Amendments to Directive 2008/56/EC
In Article 14 of Directive 2008/56/EC,
paragraph 1 is replaced by the following:
1. A Member State may identify instances
within its marine waters where, for any of
the reasons listed under points (a) to (d),
the envi ronmental targets or good
environmental status cannot be achieved in
every aspect through measures taken by
that Member State, or, for reasons referred
to under point (e), they cannot be achieved
within the time schedule concerned:
‘1. A Member State may identify instances
within its marine waters where, for any of
the reasons listed under points (a) to (d)
and (f), the environmental targets or good
environmental status cannot be achieved in
every aspect through measures taken by
that Member State, or, for reasons referred
to under point (e), they cannot be achieved
within the time schedule concerned:
(a) action or inaction for which the
Member State concerned is not
responsible;
(a) action or inaction for which the
Member State concerned is not
responsible;
(b) natural causes; (b) natural causes;
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(c) force majeure; (c) force majeure;
(d) modifications or alterations to the
physical characteristics of marine waters
brought about by actions taken for reasons
of overriding public interest which
outweigh the negative impact on the
environment, including any transboundary
impact;
(d) modifications or alterations to the
physical characteristics of marine waters
brought about by actions taken for reasons
of overriding public interest, including
activities, actions or projects, in order to
achieve climate neutrality, that contribute
to the objectives referred to in Article 2(4)
of Council Directive 92/43/EEC, which
outweigh the negative impact on the
environment, including any transboundary
impact;
(e) natural conditions which do not allow
timely improvement in the status of the
marine waters concerned.
(e) natural conditions which do not allow
timely improvement in the status of the
marine waters concerned;
(f) activities, actions or projects, in order
to achieve climate neutrality, that
contribute to the objectives referred to in
Article 2(4) of Council Directive
92/43/EEC.
The Member State concerned shall identify
such instances clearly in its programme of
measures and shall substantiate its view to
the Commission. In identifying instances a
Member State shall consider the
consequences for Member States in the
marine region or subregion concerned.
However, the Member State concerned
shall take appropriate ad-hoc measures
aiming to continue pursuing the
environmental targets, to prevent further
deterioration in the status of the marine
waters affected for reasons identified under
points (b), (c) or (d) and to mitigate the
adverse impact at the level of the marine
region or subregion concerned or in the
marine waters of other Member States.
The Member State concerned shall identify
such instances clearly in its programme of
measures and shall substantiate its view to
the Commission. In identifying instances a
Member State shall consider the
consequences for Member States in the
marine region or subregion concerned.
However, the Member State concerned
shall take appropriate ad-hoc measures
aiming to continue pursuing the
environmental targets, to prevent further
deterioration in the status of the marine
waters affected for reasons identified under
points (b), (c) or (d) and to mitigate the
adverse impact at the level of the marine
region or subregion concerned or in the
marine waters of other Member States.’
Or. en
(https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02008L0056-20170607)
Justification
The amendment introduces a clear legal basis for Member States to apply limited and
proportionate derogations from certain requirements of this Directive where necessary to
achieve climate neutrality, security of energy supply and digital sovereignty. It supports the
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timely deployment of projects essential for Europe’s industrial transformation and the energy
and digital transition, while preserving the Directive’s overall objectives and safeguards.
Given the transitional nature of this prioritisation, the amendment provides for a time limit
for such projects.
Amendment 414
Jutta Paulus
Proposal for a directive
Article 5 – paragraph 1 – subparagraph 1
Text proposed by the Commission Amendment
Member States shall bring into force the
laws, regulations and administrative
provisions necessary to comply with this
Directive by [ 24 months from date of
entry into force of this Directive] at the
latest. They shall forthwith communicate to
the Commission the text of those
provisions.
Member States shall bring into force the
laws, regulations and administrative
provisions necessary to comply with
Article 1(2), point (a), of this Directive by
… [six months from date of entry into
force of this amending Directive] at the
latest. Member States shall bring into
force the laws, regulations and
administrative provisions necessary to
comply with the other provisions of this
Directive by [ 24 months from date of
entry into force of this Directive] at the
latest. They shall forthwith communicate to
the Commission the text of those
provisions.
Or. en
Justification
The use of the new standards for suppliers to notify substances of very high concern in
articles to ECHA should be transposed within six months from the date of entry into force of
this Directive so as to accelerate the simplification.
Amendment 415
François-Xavier Bellamy
Proposal for a directive
Article 5 – paragraph 1 – subparagraph 1
Text proposed by the Commission Amendment
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Member States shall bring into force the
laws, regulations and administrative
provisions necessary to comply with this
Directive by [ 24 months from date of
entry into force of this Directive] at the
latest. They shall forthwith communicate to
the Commission the text of those
provisions.
Member States shall bring into force the
laws, regulations and administrative
provisions necessary to comply with the
provisions of this Directive amending
Directive 2010/75/EU by [36 months from
date of entry into force of this Directive] at
the latest. They shall forthwith
communicate to the Commission the text
of those provisions.
Or. fr
Amendment 416
Anna Zalewska
Proposal for a directive
Article 5 – paragraph 1 – subparagraph 1
Text proposed by the Commission Amendment
Member States shall bring into force the
laws, regulations and administrative
provisions necessary to comply with this
Directive by [ 24 months from date of
entry into force of this Directive] at the
latest. They shall forthwith communicate to
the Commission the text of those
provisions.
Member States shall bring into force the
laws, regulations and administrative
provisions necessary to comply with this
Directive by [ 36 months from date of
entry into force of this Directive] at the
latest. They shall forthwith communicate to
the Commission the text of those
provisions.
Or. en
Amendment 417
Anne-Sophie Frigout, Valérie Deloge, Gilles Pennelle, Mathilde Androuët, Ondřej
Knotek, Jana Nagyová
Proposal for a directive
Article 5 – paragraph 2 a (new)
Text proposed by the Commission Amendment
2a. In relation to installations
carrying out activities referred to in
Annex Ia to Directive 2010/75/EU,
Member States shall apply the laws,
regulations and administrative provisions
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adopted in accordance with this Directive
within four years of the entry into force of
the implementing act referred to in
Article 70i(2).
Until the relevant date of application, as
referred to in the first subparagraph, the
installations mentioned in that
subparagraph which fall within the scope
of Directive 2010/75/EU in the version in
force on the day before this Directive
enters into force shall comply with
Directive 2010/75/EU.
Or. fr
Amendment 418
Daniel Buda
Proposal for a directive
Annex I – point 2
Directive 2010/75/EU
Annex Ia
Text proposed by the Commission Amendment
2 In Annex Ia to Directive 2010/75/EU, 2. Annex Ia to Directive 2010/75/EU
is deleted
A )Point 2 is complemented with a third
sentence as follows:’
‘Rearing activities that are carried out
under organic production regimes in
accordance with Regulation (EU)
2018/848 are excluded.’
b) In the first sentence of point 3, the
words ‘or laying hens or other poultry
categories’ are inserted after ‘excluding
rearing of pigs’.
c) Within the section on the LSU level of
an installation, ‘Piglets ≤ 20 kg … 0,027’
is replaced by ‘weaners ≤ 20 kg … 0,027’.
Or. en
(Annex Ia of Directive 2010/75/EU)
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Justification
Farmers should not be placed in the same category as heavy industrial polluters. Such
provisions are disproportionate and lead to a loss of competitiveness of the agricultural
sector
Amendment 419
François-Xavier Bellamy, Céline Imart
Proposal for a directive
Annex I – point 2
Directive 2010/75/EU
Annex Ia
Text proposed by the Commission Amendment
2. In Annex Ia to Directive 2010/75/EU, 2. Annex Ia to Directive 2010/75/EU is
replaced by the following:
(a) Point 2 is complemented with a third
sentence as follows:
‘Rearing of poultry or pigs:
‘Rearing activities that are carried out
under organic production regimes in
accordance with Regulation (EU)
2018/848 are excluded.’
(a) with more than 85 000 places for
poultry;
(b) In the first sentence of point 3, the
words ‘or laying hens or other poultry
categories’ are inserted after ‘excluding
rearing of pigs’.
(b) with more than 2 000 places for
production pigs (over 30 kg);
(c) Within the section on the LSU level of
an installation, ‘Piglets ≤ 20 kg … 0,027’
is replaced by ‘weaners ≤ 20 kg … 0,027’.
(c) with more than 750 places for sows.’
Or. fr
Amendment 420
Anne-Sophie Frigout, Valérie Deloge, Gilles Pennelle, Mathilde Androuët, Ondřej
Knotek, Jana Nagyová
Proposal for a directive
Annex I – point 2
Directive 2010/75/EU
Annex Ia
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Text proposed by the Commission Amendment
2. In Annex Ia to Directive 2010/75/EU, 2. Annex Ia to Directive 2010/75/EU is
replaced by the following:
(a) Point 2 is complemented with a third
sentence as follows:
‘Installations fall within the scope of this
annex if they come under one of the
following activity categories:
Intensive rearing of poultry or pigs:
‘Rearing activities that are carried out
under organic production regimes in
accordance with Regulation (EU)
2018/848 are excluded.’
(a) with more than 40 000 places for
poultry;
(b) In the first sentence of point 3, the
words ‘or laying hens or other poultry
categories’ are inserted after ‘excluding
rearing of pigs’.
(b) with more than 2 000 places for
production pigs (over 30 kg); or
(c) Within the section on the LSU level of
an installation, ‘Piglets ≤ 20 kg … 0,027’
is replaced by ‘weaners ≤ 20 kg … 0,027’.
(c) with more than 750 places for sows.’
Or. fr
Justification
With the new thresholds, too many pig and poultry holdings would have to make additional
investments that would be disproportionate to the very limited emissions benefits. We
therefore call for a return to the same thresholds and number of places in force under the
2010 directive and for cattle farms to be excluded.
Amendment 421
Jessica Polfjärd
Proposal for a directive
Annex I – point 2
Directive 2010/75/EU
Annex Ia
Text proposed by the Commission Amendment
2. In Annex Ia to Directive 2010/75/EU, 2. Annex Ia to Directive 2010/75/EU is
replaced by the following:
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a) Point 2 is complemented with a third
sentence as follows:
‘Installations fall within the scope of this
annex if they fall within one or more of
the following activity categories:
‘Rearing activities that are carried out
under organic production regimes in
accordance with Regulation (EU)
2018/848 are excluded.’
1. Rearing of pigs with more than 2,000
production pig places for pigs over 30 kg
or with more than 750 sow places.
b) In the first sentence of point 3, the
words ‘or laying hens or other poultry
categories’ are inserted after ‘excluding
rearing of pigs’
2.Rearing of poultry with more than
40,000 poultry places.’;
c) Within the section on the LSU level of
an installation, ‘Piglets ≤ 20 kg … 0,027’
is replaced by ‘weaners ≤ 20 kg … 0,027’.
Or. en(02010L0075-20240804)
Amendment 422
Letizia Moratti, Massimiliano Salini, Flavio Tosi
Proposal for a directive
Annex I – point 2
Directive 2010/75/EU
Annex Ia
Text proposed by the Commission Amendment
2. In Annex Ia to Directive 2010/75/EU, 2. Annex Ia to Directive 2010/75/EU is
replaced by the following:
a) Point 2 is complemented with a third
sentence as follows:
‘Installations fall within the scope of this
annex if they fall within one or more of
the following activity categories:
‘Rearing activities that are carried out
under organic production regimes in
accordance with Regulation (EU)
2018/848 are excluded.’
1.Rearing of pigs with more than 2,000
production pig places for pigs over 30 kg
or with more than 750 sow places.
b) In the first sentence of point 3, the
words ‘or laying hens or other poultry
categories’ are inserted after ‘excluding
rearing of pigs’
2.Rearing of poultry with more than
40,000 poultry places.’;
c) Within the section on the LSU level of
an installation, ‘Piglets ≤ 20 kg … 0,027’
is replaced by ‘weaners ≤ 20 kg … 0,027’.
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Or. en(02010L0075-20240804)
Amendment 423
Sergio Berlato, Michele Picaro, Pietro Fiocchi, Stefano Cavedagna, Nicola Procaccini,
Antonella Sberna, Paolo Inselvini
Proposal for a directive
Annex I – point 2
Directive 2010/75/EU
Annex I a
Text proposed by the Commission Amendment
2. In Annex Ia to Directive 2010/75/EU, 2. Annex Ia to Directive 2010/75/EU is
replaced by the following:
(a) Point 2 is complemented with a third
sentence as follows:
‘Activities referred to in Article 70a
‘Rearing activities that are carried out
under organic production regimes in
accordance with Regulation (EU)
2018/848 are excluded.’;
Installations fall within the scope of this
annex if they fall within one or more of
the following activity categories:
(b) In the first sentence of point 3, the
words ‘or laying hens or other poultry
categories’ are inserted after ‘excluding
rearing of pigs’;
1. Rearing of pigs with more than 2 000
places for production pigs over 30 kg, or
with more than 750 places for sows.
(c) Within the section on the LSU level of
an installation, ‘Piglets ≤ 20 kg … 0,027’
is replaced by ‘weaners ≤ 20 kg … 0,027’.
2. Rearing of poultry with more than
40 000 places for poultry.’
Or. it
(https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=OJ:L_202401785)
Amendment 424
Alexander Bernhuber
Proposal for a directive
Annex I – point 2
Directive 2010/75/EU
Annex Ia
Text proposed by the Commission Amendment
2. In Annex Ia to Directive 2010/75/EU, 2. Annex Ia is replaced by the following:
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a) Point 2 is complemented with a third
sentence as follows:
‘Activities referred to in Article 70a
‘Rearing activities that are carried out
under organic production regimes in
accordance with Regulation (EU)
2018/848 are excluded.’
Installations carrying out organic
production in accordance with Regulation
(EU) 2018/848, as well as installations
applying animal welfare measures
exceeding applicable Union minimum
requirements, shall be excluded from the
scope of this Annex. Installations fall
within the scope of this annex if they fall
within one or more of the following
activity categories:
b) In the first sentence of point 3, the
words ‘or laying hens or other poultry
categories’ are inserted after ‘excluding
rearing of pigs’.
1. Rearing of pigs representing 600 LSU
or more, excluding rearing activities that
are carried out under organic production
regimes in accordance with Regulation
(EU) 2018/848, or where the stocking
density is less than 2 LSU/hectare used
only for grazing or growing fodder or
forage used for feeding the animals and
the animals are reared outside for a
significant amount of time in a year or
seasonally reared outside.
c) Within the section on the LSU level of
an installation, ‘Piglets ≤ 20 kg … 0,027’
is replaced by ‘weaners ≤ 20 kg … 0,027’
2. Rearing of only laying hens
representing 560 LSU or more, or rearing
of only other poultry categories
representing 560 LSU or more. In
installations rearing a mix of poultry
including laying hens, the threshold shall
be 560 LSU and the capacity shall be
calculated using 0,93 as weighting factor (
1 ) for laying hens.
3. Rearing of any mix of pigs or poultry
representing 600 LSU or more, excluding
rearing of pigs in installations operating
under organic production regimes in
accordance with Regulation (EU)
2018/848, or where the stocking density is
less than 2 LSU/hectare used only for
grazing or growing fodder or forage used
for feeding the animals and the animals
are reared outside for a significant
amount of time in a year or seasonally
reared outside.
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The LSU level of an installation is
calculated using the following conversion
rates:
Pigs:
Breeding sows ≥ 50 kg … 0,500
Piglets ≤ 20 kg … 0,027
Other pigs … 0,300
Poultry:
Broilers … 0,007
Laying hens … 0,014
Turkeys … 0,030
Ducks … 0,010
Geese … 0,020
Ostriches … 0,350
Other poultry fowls … 0,001’;
Or. en
(Directive 2010/75/EU)
Amendment 425
Jutta Paulus
Proposal for a directive
Annex I – point 2
Directive 2010/75/EU
Annex Ia
Text proposed by the Commission Amendment
2. In Annex Ia to Directive
2010/75/EU,
deleted
a) Point 2 is complemented with a
third sentence as follows:
Rearing activities that are carried out
under organic production regimes in
accordance with Regulation (EU)
2018/848 are excluded.
b) In the first sentence of point 3, the
words ‘or laying hens or other poultry
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categories’ are inserted after ‘excluding
rearing of pigs’.
c) Within the section on the LSU
level of an installation, ‘Piglets ≤ 20 kg …
0,027’ is replaced by ‘weaners ≤ 20 kg …
0,027’.
Or. en
Amendment 426
Grégory Allione
Proposal for a directive
Annex I –point 2 – point (-a) (new)
Directive 2010/75/EU
Annex Ia – point 1
Present text Amendment
(-a) point 1 is replaced by the following:
Rearing of pigs representing 350 LSU or
more, excluding rearing activities that are
carried out under organic production
regimes in accordance with Regulation
(EU) 2018/848, or where the stocking
density is less than 2 LSU/hectare used
only for grazing or growing fodder or
forage used for feeding the animals and
the animals are reared outside for a
significant amount of time in a year or
seasonally reared outside.
‘1. Rearing of pigs with more than 2 000
places for production pigs over 30 kg, or
with more than 750 places for sows.’_;
Or. en
Amendment 427
Alexander Bernhuber
Proposal for a directive
Annex I – point 2 - point -a (new)
2010/75/EU
Annex Ia – point 1
Present text Amendment
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(-a) point 1 is replaced by the following
Rearing of pigs representing 350 LSU or
more, excluding rearing activities that are
carried out under organic production
regimes in accordance with Regulation
(EU) 2018/848, or where the stocking
density is less than 2 LSU/hectare used
only for grazing or growing fodder or
forage used for feeding the animals and
the animals are reared outside for a
significant amount of time in a year or
seasonally reared outside.
1. Rearing of pigs with more than 2 000
places for production pigs over 30 kg, or
with more than 750 places for sows.
Or. en
(Directive 2010/75/EU)
Amendment 428
Sergio Berlato, Michele Picaro, Pietro Fiocchi, Stefano Cavedagna, Nicola Procaccini,
Antonella Sberna, Paolo Inselvini
Proposal for a directive
Annex I – point 2 – point -a (new)
Directive 2010/75/EU
Annex I a – paragraph 1
Present text Amendment
(-a) paragraph 1 is replaced by the
following:
1. Rearing of pigs representing 350 LSU
or more, excluding rearing activities that
are carried out under organic production
regimes in accordance with Regulation
(EU) 2018/848, or where the stocking
density is less than 2 LSU/hectare used
only for grazing or growing fodder or
forage used for feeding the animals and the
animals are reared outside for a significant
amount of time in a year or seasonally
reared outside.
‘1. Rearing of pigs with more than 2 000
places for production pigs of more than
30 kg, or with more than 750 places for
sows, excluding rearing activities that are
carried out under organic production
regimes in accordance with Regulation
(EU) 2018/848, or where the stocking
density is less than 2 LSU/hectare in
nitrate vulnerable zones (ZVN) and 4
LSU/hectare in non-NVZ zones used only
for grazing or growing fodder or forage
used for feeding the animals and the
animals are reared outside for a significant
amount of time in a year or seasonally
reared outside.’
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Or. it
(https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=OJ:L_202401785)
Amendment 429
Alexander Bernhuber
Proposal for a directive
Annex I – point 2 – point a
Directive 2010/75/EU
Annex Ia – point 2
Text proposed by the Commission Amendment
a) Point 2 is complemented with a
third sentence as follows:
a) Point 2 is replaced by the
following:
Rearing activities that are carried out
under organic production regimes in
accordance with Regulation (EU)
2018/848 are excluded.
‘Rearing of poultry with more than 40 000
places.’;
Or. en
Amendment 430
Grégory Allione
Proposal for a directive
Annex I – point 2 – point a
Directive 2010/75/EU
Annex Ia – point 2
Text proposed by the Commission Amendment
a) Point 2 is complemented with a
third sentence as follows:
a) Point 2 is replaced by the
following:
Rearing activities that are carried out
under organic production regimes in
accordance with Regulation (EU)
2018/848 are excluded.
Rearing of poultry with more than 40 000
places.
Or. en
Amendment 431
PE791.123v02-00 134/158 AM\1348825EN.docx
EN
Sergio Berlato, Michele Picaro, Pietro Fiocchi, Stefano Cavedagna, Nicola Procaccini,
Antonella Sberna, Paolo Inselvini
Proposal for a directive
Annex I – point 2 – point a
Directive (EU) 2010/75/EU
Annex I a – point 2
Text proposed by the Commission Amendment
(a) in point 2, the following text is added: (a) point 2 is replaced by the following:
‘Rearing activities that are carried out
under organic production regimes in
accordance with Regulation (EU)
2018/848 are excluded.’;
‘2. Rearing of poultry with more than
40 000 places for poultry, excluding
rearing activities that are carried out
under organic production regimes in
accordance with Regulation (EU)
2018/848.’;
Or. it
(https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=OJ:L_202401785)
Amendment 432
Grégory Allione
Proposal for a directive
Annex I – point 2 – point b
Directive 2010/75/EU
Annex Ia – point 3
Text proposed by the Commission Amendment
b) In the first sentence of point 3, the
words ‘or laying hens or other poultry
categories’ are inserted after ‘excluding
rearing of pigs’.
b) point 3 is deleted.
Or. en
Amendment 433
Alexander Bernhuber
Proposal for a directive
Annex I – point 2 – point b
AM\1348825EN.docx 135/158 PE791.123v02-00
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Directive 2010/75/EU
Annex Ia – point 3
Text proposed by the Commission Amendment
b) In the first sentence of point 3, the
words ‘or laying hens or other poultry
categories’ are inserted after ‘excluding
rearing of pigs’.
deleted
Or. en
Amendment 434
Sergio Berlato, Michele Picaro, Pietro Fiocchi, Stefano Cavedagna, Nicola Procaccini,
Antonella Sberna, Paolo Inselvini
Proposal for a directive
Annex I – point 2 – point b
Directive 2010/75/EU
Annex I a – point 3
Text proposed by the Commission Amendment
(b) In the first sentence of point 3, the
words ‘or laying hens or other poultry
categories’ are inserted after ‘excluding
rearing of pigs’;
(b) Point 3 is deleted;
Or. it
(https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=OJ:L_202401785)
Amendment 435
Jutta Paulus
Proposal for a directive
Annex I – point 2 – point b
Directive 2010/75/EU
Annex Ia – point 3
Text proposed by the Commission Amendment
b) In the first sentence of point 3, the deleted
PE791.123v02-00 136/158 AM\1348825EN.docx
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words ‘or laying hens or other poultry
categories’ are inserted after ‘excluding
rearing of pigs’.
Or. en
Amendment 436
Sergio Berlato, Michele Picaro, Pietro Fiocchi, Stefano Cavedagna, Nicola Procaccini,
Antonella Sberna, Paolo Inselvini
Proposal for a directive
Annex I – point 2 – point b a (new)
Directive 2010/75/EU
Annex I a – subparagraph 2 (new)
Text proposed by the Commission Amendment
(ba) the following subparagraph is
inserted after the first subparagraph:
‘By way of derogation from the previous
subparagraph, an exclusion applies to
rearing activities that are carried out
under organic production regimes in
accordance with Regulation (EU)
2018/848, or where the stocking density is
less than 2 LSU/hectare in nitrate
vulnerable zones (ZVN) and 4
LSU/hectare in non-NVZ zones used only
for grazing or growing fodder or forage
used for feeding the animals, and the
animals are reared outside for a
significant amount of time in a year or
seasonally reared outside.’;
Or. it
Amendment 437
Sergio Berlato, Michele Picaro, Pietro Fiocchi, Stefano Cavedagna, Nicola Procaccini,
Antonella Sberna, Paolo Inselvini
Proposal for a directive
Annex I – point 2 – point c
Directive 2010/75/EU
Annex I a – subparagraph 2
Text proposed by the Commission Amendment
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(c) Within the section on the LSU level of
an installation, ‘Piglets ≤ 20 kg … 0,027’
is replaced by ‘Weaners ≤ 20 kg … 0,027’.
(c) The second subparagraph is replaced
by the following:
‘The LSU level of an installation is
calculated using the following conversion
rates:
Pigs:
Breeding sows ≥ 100 kg (including
farrowing sows) … 0,500
Weaners ≤ 30 kg … 0,027
Other pigs … 0,300
Poultry:
Broilers … 0,007
Laying hens … 0,014
Turkeys … 0,030
Ducks … 0,010
Geese … 0,020
Ostriches … 0,350
Other poultry fowls … 0,001’
Or. it
(https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=OJ:L_202401785)
Amendment 438
Jutta Paulus
Proposal for a directive
Annex I – point 2 – point c
Directive 2010/75/EU
Annex Ia
Text proposed by the Commission Amendment
c) Within the section on the LSU
level of an installation, ‘Piglets ≤ 20 kg …
0,027’ is replaced by ‘weaners ≤ 20 kg …
0,027’.
deleted
Or. en
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Amendment 439
Michal Wiezik, Martin Hojsík
Proposal for a directive
Annex I – point 2 – point c a (new)
Directive 2010/75/EU
Annex Ia
Text proposed by the Commission Amendment
ca) in the second paragraph, under
the heading “Poultry”, ‘Pullets … 0,007’
is inserted after ‘Laying hens … 0,014’.
Or. en
Amendment 440
Ondřej Knotek, Jana Nagyová, Antonín Staněk, Anne-Sophie Frigout
Proposal for a directive
Annex I – point 3 – point (-a) (new)
Directive 2010/75/EU
Annex V – Part 1 – point 3
Present text Amendment
(-a) in Part 1, point 3 is amended as
follows:
ANNEX V ‘ANNEX V
Technical provisions relating to
combustion plants
Technical provisions relating to
combustion plants
PART 1 PART 1
Emission limit values for combustion
plants referred to in Article 30(2)
Emission limit values for combustion
plants referred to in Article 30(2)
(...) (...)
3. Emission limit values (mg/Nm 3 ) for
SO 2 for combustion plants using gaseous
fuels with the exception of gas turbines and
gas engines
3. Emission limit values (mg/Nm 3 ) for
SO 2 for combustion plants using gaseous
fuels other than natural gas with the
exception of gas turbines and gas engines
(...) (...)
Or. en
(Directive (EU) 2024/1785, amending Directive 2010/75/EU)
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Justification
Requiring continuous measurement of emissions of particulate matter and sulfur dioxide is
not logical for boilers burning natural gas. Burning natural gas cannot release these
pollutants into the air. This is therefore only an unnecessary administrative burden for the
operators concerned.
Amendment 441
Jeannette Baljeu, Andreas Glück, Ilhan Kyuchyuk, Katri Kulmuni
Proposal for a directive
Annex I – point 3 – point a
Directive 2010/75/EU
Annex V – Part 1 – point 6 – footnote 5
Text proposed by the Commission Amendment
(5) The emission limit value is not
applicable to combustion plants firing gas
with more than 20 % (by volume) of
hydrogen. In such case, Member States
shall ensure that the overall load of NOx
eventually released into the air over one
year is not increased compared to the
situation where the emissions from the
installation concerned remained compliant
with emission limit values set out in this
point for NOx for the combustion of
natural gas, without prejudice to stricter
measures required pursuant to Article 18.;
(5) The emission limit value is not
applicable to combustion plants firing gas
with more than 20 % by volume of
hydrogen, or to combustion plants
operating under a time-bound fuel-
switching trajectory approved by the
competent authority to progressively
increase the share of hydrogen in the fuel
mix. In both cases, Member States shall
ensure that the overall load of NOx
eventually released into the air over one
year is not increased compared to the
situation where the emissions from the
installation concerned remained compliant
with emission limit values set out in this
point for NOx for the combustion of
natural gas, without prejudice to stricter
measures required pursuant to Article 18.
The competent authority shall ensure
appropriate monitoring of the hydrogen
share and the annual NOx load and shall
review the applicability of this footnote
where the approved fuel-switching
trajectory is not implemented.;
Or. en
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Justification
The Commission proposal recognises that existing NOx concentration limits may create
barriers for hydrogen combustion, while retaining the safeguard that the annual NOx load
may not increase. Extending this approach to installations following a credible and approved
fuel-switching trajectory avoids a cliff-edge at 20 % hydrogen and supports gradual
industrial decarbonisation, while preserving the key environmental safeguard.
Amendment 442
Michal Wiezik, Martin Hojsík
Proposal for a directive
Annex I – point 3 – point a
Directive 2010/75/EU
Annex V – Part 1 – point 6 – footnote 5
Text proposed by the Commission Amendment
(5) The emission limit value is not
applicable to combustion plants firing gas
with more than 20 % (by volume) of
hydrogen. In such case, Member States
shall ensure that the overall load of NOx
eventually released into the air over one
year is not increased compared to the
situation where the emissions from the
installation concerned remained compliant
with emission limit values set out in this
point for NOx for the combustion of
natural gas, without prejudice to stricter
measures required pursuant to Article 18.;
(5) The emission limit value is not
applicable to combustion plants firing gas
with more than 20 % (by volume) of
hydrogen provided that the hydrogen is
sourced from fossil-free sources,
preferably renewable sources; and its use
results in a significant reduction in
lifecycle greenhouse gas emissions
compared to conventional fossil fuel
combustion and contributes to the deep
industrial transformation referred to in
Article 3(9a) of this Directive. Where this
is the case, Member States shall ensure that
the overall load of NOx eventually released
into the air over one year is not increased
compared to the situation where the
emissions from the installation concerned
remained compliant with emission limit
values set out in this point for NOx for the
combustion of natural gas, without
prejudice to stricter measures required
pursuant to Article 18.;
Or. en
Amendment 443
Ondřej Knotek, Jana Nagyová, Antonín Staněk, Anne-Sophie Frigout
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Proposal for a directive
Annex I – point 3 – point a
Directive 2010/75/EU
Annex V – Part 1 – point 6 – footnote 5
Text proposed by the Commission Amendment
(5) The emission limit value is not
applicable to combustion plants firing gas
with more than 20 % (by volume) of
hydrogen. In such case, Member States
shall ensure that the overall load of NOx
eventually released into the air over one
year is not increased compared to the
situation where the emissions from the
installation concerned remained
compliant with emission limit values set
out in this point for NOx for the
combustion of natural gas, without
prejudice to stricter measures required
pursuant to Article 18.;
(5) The emission limit value is not
applicable to combustion plants firing gas
with more than 5 % (by volume) of
hydrogen. This without prejudice to stricter
measures required pursuant to Article 18.;
Or. en
Justification
It is unclear how it will be possible to meet the condition requiring that the amount of NOx
emissions produced under the relevant emission limit when burning natural gas not be
exceeded in case when the exemption from the NOx emission limit is applied.
Amendment 444
Jutta Paulus
Proposal for a directive
Annex I – point 3 – point a
Directive 2010/75/EU
Annex V – Part 1 – point 6 – footnote 5
Text proposed by the Commission Amendment
(5) The emission limit value is not
applicable to combustion plants firing gas
with more than 20 % (by volume) of
hydrogen. In such case, Member States
shall ensure that the overall load of NOx
eventually released into the air over one
(5) The emission limit value is not
applicable to combustion plants firing gas
with more than 20 % (by volume) of
hydrogen, provided the substitution by
hydrogen of previously used fuel results
in at least 15% total greenhouse gas
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year is not increased compared to the
situation where the emissions from the
installation concerned remained compliant
with emission limit values set out in this
point for NOx for the combustion of
natural gas, without prejudice to stricter
measures required pursuant to Article 18.;
emissions reduction. In such case, Member
States shall ensure that the overall load of
NOx eventually released into the air over
one year is not increased compared to the
situation where the emissions from the
installation concerned remained compliant
with emission limit values set out in this
point for NOx for the combustion of
natural gas, without prejudice to stricter
measures required pursuant to Article 18.;
Or. en
Amendment 445
Thomas Bajada, Annalisa Corrado
Proposal for a directive
Annex I – point 3 – point a
Directive 2010/75/EC
Annex V – Part 1 – point 6 – footnote 5
Text proposed by the Commission Amendment
(5) The emission limit value is not
applicable to combustion plants firing gas
with more than 20 % (by volume) of
hydrogen. In such case, Member States
shall ensure that the overall load of NOx
eventually released into the air over one
year is not increased compared to the
situation where the emissions from the
installation concerned remained compliant
with emission limit values set out in this
point for NOx for the combustion of
natural gas, without prejudice to stricter
measures required pursuant to Article 18.;
(5) The emission limit value is not
applicable to combustion plants firing gas
with more than 30 % (by volume) of
hydrogen. In such case, Member States
shall ensure that the overall load of NOx
eventually released into the air over one
year is not increased compared to the
situation where the emissions from the
installation concerned remained compliant
with emission limit values set out in this
point for NOx for the combustion of
natural gas, without prejudice to stricter
measures required pursuant to Article 18.;
Or. en
Amendment 446
Ondřej Knotek, Jana Nagyová, Antonín Staněk, Anne-Sophie Frigout
Proposal for a directive
Annex I, point 3, point (aa) (new)
Directive 2010/75/EU
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Annex V – Part 1 – point 8
Present text Amendment
(aa) in Part 1, point 8 is amended as
follows:
ANNEX V "ANNEX V
Technical provisions relating to
combustion plants
Technical provisions relating to
combustion plants
PART 1 PART 1
Emission limit values for combustion
plants referred to in Article 30(2)
Emission limit values for combustion
plants referred to in Article 30(2)
(...) (...)
8. Emission limit values (mg/Nm 3 ) for
SO 2 for combustion plants using gaseous
fuels with the exception of gas turbines and
gas engines
8. Emission limit values (mg/Nm 3 ) for
SO 2 for combustion plants using gaseous
fuels other than natural gas with the
exception of gas turbines and gas engines
(...) (...)"
Or. en
(Directive (EU) 2024/1785, amending Directive 2010/75/EU)
Justification
Requiring continuous measurement of emissions of particulate matter and sulfur dioxide is
not logical for boilers burning natural gas. Burning natural gas cannot release these
pollutants into the air. This is therefore only an unnecessary administrative burden for the
operators concerned.
Amendment 447
Michal Wiezik, Martin Hojsík
Proposal for a directive
Annex I – point 3 – point b
Directive 2010/75/EC
Annex V – part 2 – point 6
Text proposed by the Commission Amendment
The emission limit value is not applicable
to combustion plants firing gas with more
than 20 % (by volume) of hydrogen. In
such case, Member States shall ensure that
the overall load of NOx eventually released
The emission limit value is not applicable
to combustion plants firing gas with more
than 20 % (by volume) of hydrogen,
provided that the hydrogen is sourced
from fossil-free sources, preferably
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into the air over one year is not increased
compared to the situation where the
emissions from the installation concerned
remained compliant with emission limit
values set out in this point for NOx ,
without prejudice to stricter measures
required pursuant to Article 18.;
renewable sources; and its use results in a
significant reduction in lifecycle
greenhouse gas emissions compared to
conventional fossil fuel combustion and
contributes to the deep industrial
transformation referred to in Article 3(9a)
of this Directive. Where this is the case,
Member States shall ensure that the overall
load of NOx eventually released into the
air over one year is not increased compared
to the situation where the emissions from
the installation concerned remained
compliant with emission limit values set
out in this point for NOx , without
prejudice to stricter measures required
pursuant to Article 18.;
Or. en
Justification
Related to the previous amendment on the footnote. combustion of hydrogen doesnt produce
emissions, but also how hydrogen was produced should matter, and the lifecycle emissions of
that hydrogen should be taken into account.
Amendment 448
Thomas Bajada, Annalisa Corrado
Proposal for a directive
Annex I – point 3 – point b
Directive 2010/75/EC
Annex V – Part 2 – point 6 – last subparagraph
Text proposed by the Commission Amendment
The emission limit value is not applicable
to combustion plants firing gas with more
than 20 % (by volume) of hydrogen. In
such case, Member States shall ensure that
the overall load of NOx eventually released
into the air over one year is not increased
compared to the situation where the
emissions from the installation concerned
remained compliant with emission limit
values set out in this point for NOx ,
without prejudice to stricter measures
required pursuant to Article 18.;
The emission limit value is not applicable
to combustion plants firing gas with more
than 30 % (by volume) of hydrogen. In
such case, Member States shall ensure that
the overall load of NOx eventually released
into the air over one year is not increased
compared to the situation where the
emissions from the installation concerned
remained compliant with emission limit
values set out in this point for NOx ,
without prejudice to stricter measures
required pursuant to Article 18.;
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Or. en
Amendment 449
Ondřej Knotek, Jana Nagyová, Antonín Staněk, Anne-Sophie Frigout
Proposal for a directive
Annex I – point 3 – point b
Directive 2010/75/EU
Annex V – Part 2 – point 6 – last subparagraph
Text proposed by the Commission Amendment
The emission limit value is not applicable
to combustion plants firing gas with more
than 20 % (by volume) of hydrogen. In
such case, Member States shall ensure
that the overall load of NOx eventually
released into the air over one year is not
increased compared to the situation where
the emissions from the installation
concerned remained compliant with
emission limit values set out in this point
for NOx , without prejudice to stricter
measures required pursuant to Article 18.;
The emission limit value is not applicable
to combustion plants firing gas with more
than 5 % (by volume) of hydrogen. This
without prejudice to stricter measures
required pursuant to Article 18.;
Or. en
Justification
It is unclear how it will be possible to meet the condition requiring that the amount of NOx
emissions produced under the relevant emission limit when burning natural gas not be
exceeded in case when the exemption from the NOx emission limit is applied.
Amendment 450
Jutta Paulus
Proposal for a directive
Annex I – point 3 – point b
Directive 2010/75/EU
Annex V – Part 2 – point 6 – last subparagraph
Text proposed by the Commission Amendment
The emission limit value is not applicable
to combustion plants firing gas with more
than 20 % (by volume) of hydrogen. In
The emission limit value is not applicable
to combustion plants firing gas with more
than 20 % (by volume) of hydrogen,
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such case, Member States shall ensure that
the overall load of NOx eventually released
into the air over one year is not increased
compared to the situation where the
emissions from the installation concerned
remained compliant with emission limit
values set out in this point for NOx ,
without prejudice to stricter measures
required pursuant to Article 18.;
provided the substitution by hydrogen of
the previously used fuel results in at least
15% total greenhouse gas emissions
reduction. In such case, Member States
shall ensure that the overall load of NOx
eventually released into the air over one
year is not increased compared to the
situation where the emissions from the
installation concerned remained compliant
with emission limit values set out in this
point for NOx , without prejudice to
stricter measures required pursuant to
Article 18.;
Or. en
Amendment 451
Ondřej Knotek, Jana Nagyová, Antonín Staněk, Anne-Sophie Frigout
Proposal for a directive
Annex I - point 3 - point ba (new)
Directive 2010/75/EU
Annex V – Part 2 – point 8
Present text Amendment
(ba) in Part 2, point 8 is amended as
follows:
ANNEX V ‘ANNEX V
Technical provisions relating to
combustion plants
Technical provisions relating to
combustion plants
PART 2 PART 2
Emission limit values for combustion
plants referred to in Article 30(3)
Emission limit values for combustion
plants referred to in Article 30(3)
(...) (...)
8. Emission limit values (mg/Nm 3 ) for
dust for combustion plants using gaseous
fuels with the exception of gas turbines and
gas engines
8. Emission limit values (mg/Nm 3 ) for
dust for combustion plants using gaseous
fuels other than natural gas with the
exception of gas turbines and gas engines
(...) (...)’
Or. en
AM\1348825EN.docx 147/158 PE791.123v02-00
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(Directive (EU) 2024/1785, amending Directive 2010/75/EU)
Justification
Requiring continuous measurement of emissions of particulate matter and sulfur dioxide is
not logical for boilers burning natural gas. Burning natural gas cannot release these
pollutants into the air. This is therefore only an unnecessary administrative burden for the
operators concerned.
Amendment 452
Ondřej Knotek, Jana Nagyová, Antonín Staněk, Anne-Sophie Frigout
Proposal for a directive
Annex I - point 3 - point ba (new)
Directive 2010/75/EU
Annex V – Part 3 – point 3
Present text Amendment
3a. in Annex V, Part 3, point 3 is
amended as follows
ANNEX V "ANNEX V
Technical provisions relating to
combustion plants
Technical provisions relating to
combustion plants
(...) (...)
PART 3 PART 3
Emission monitoring Emission monitoring
(...) (...)
3. Where continuous measurements are not
required, measurements of SO 2 , NO x ,
dust and, for gas fired plants, also of CO
shall be required at least once every 6
months.
3. Where continuous measurements are not
required, measurements of SO 2 , NO x ,
dust and, for gas fired plants, also of CO
shall be required at least once every 6
months. This shall not apply to
combustion plants burning natural gas,
where only NOx and CO shall be
measured.
(...) (...)"
Or. en
(Directive (EU) 2024/1785, amending Directive 2010/75/EU)
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Justification
Continuous measurement of emissions of particulate matter and sulfur dioxide is not
mandatory for natural gas combustion sources in the case of turbines and engines. However,
these sources still have to measure these pollutants on a one-off basis, even though the
combustion of natural gas cannot release these pollutants into the air. This is therefore only
an unnecessary administrative burden for the operators concerned.
Amendment 453
Jutta Paulus
Proposal for a directive
Annex I – point 3 – point c
Directive 2010/75/EU
Annex V – Part 4 – point 5
Text proposed by the Commission Amendment
5. In the case of complete replacement
of ambient air with oxygen, the emission
limit values referred to in Article 30 shall
be regarded as having been complied with
if the emissions are not higher than the
emissions from the combustion of the
given fuel at the standardised O2 content.
5. In the case of complete replacement
of ambient air with oxygen, the emission
limit values referred to in Article 30 shall
be regarded as having been complied with
if the emissions are not higher than the
emissions from the combustion of the
given fuel at the standardised O2 content.
In such case, Member States shall ensure
that the overall load of pollutants
eventually released into the air over one
year is not increased compared to the
situation where the emissions from the
installation concerned remained
compliant with the emission limit values
set out under conventional air-firing
conditions.
Or. en
Amendment 454
Sergio Berlato, Michele Picaro, Pietro Fiocchi, Stefano Cavedagna, Nicola Procaccini,
Antonella Sberna, Paolo Inselvini
Proposal for a directive
Annex I – point 3 a (new)
Directive 2010/75/EU
Annex VI – Part 4 – paragraph 2.1
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Present text Amendment
3a. in Annex VI, part 4, paragraph 2.1 is
replaced by the following:
The emission limit values set out in points
2.2 and 2.3 apply as daily average values
for total dust, HCl, HF, NOx, SO2 and
TOC (for continuous measurements), as
average values over the sampling period of
a minimum of 30 minutes and a maximum
of 8 hours for heavy metals and as average
values over the sampling period of a
minimum of 6 hours and a maximum of 8
hours for dioxins and furans.
‘The emission limit values set out in points
2.2 and 2.3 apply as daily average values
for total dust, HCl, HF, NOx, SO2 and
TOC (for continuous measurements), as
average values over the sampling period of
a minimum of 30 minutes and a maximum
of 8 hours for heavy metals and as average
values over the sampling period of a
minimum of 6 hours and a maximum of 8
hours for dioxins and furans.
All values are standardised at 10 %
oxygen.
All values are standardised at 10 %
oxygen.
Half-hourly average values shall only be
needed in view of calculating the daily
average values.
Half-hourly average values shall only be
needed in view of calculating the daily
average values.
In the event that the competent authority
chooses to set emission limit values in
accordance with Art. 15 (3b) of this
Directive, these limit values can be set as
freight-related values, such as g/t
product.’;
Or. en
(https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32010L0075)
Amendment 455
Katri Kulmuni
Proposal for a directive
Annex II – point 1
Directive (EU) 2015/2193
Annex II
Text proposed by the Commission Amendment
1. Annex II to Directive (EU)
2015/2193 is amended as follows:
deleted
(a) In Part 1, tables 1, 2 and 3 as
regards the emission limit values for
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emission of NOx when gaseous fuels
other than natural gas are used, the
following footnote is inserted after the
figures mentioned in the seventh column
regarding that pollutant:
(*) The emission limit value is not
applicable to combustion plants firing gas
with more than 20 % (by volume) of
hydrogen. Member States shall ensure
that the overall load of NOx eventually
released into the air over one year is not
increased compared to the situation where
the emissions from the installation
concerned remained compliant with
emission limit values set out in Part 1 of
Annex II for NOx for the combustion of
natural gas, without prejudice to stricter
measures required pursuant to Article 6
(9).;
(b) In Part 2, tables 1 and 2, as
regards the emission limit values for
emission of NOx when gaseous fuels other
than natural gas are used, the following
footnote is inserted after the figures
mentioned in the sixth column regarding
that pollutant:
(*) The emission limit value is not
applicable to combustion plants firing gas
with more than 20 % (by volume) of
hydrogen. Member States shall ensure
that the overall load of NOx eventually
released into the air over one year is not
increased compared to the situation where
the emissions from the installation
concerned remained compliant with
emission limit values set out in Part 2 of
Annex II for NOx for the combustion of
natural gas, without prejudice to stricter
measures required pursuant to Article 6
(9).;
Or. en
Justification
The MCP Directive contains specific emission limit values (ELVs) for the category “Other
gaseous fuel” and these values are higher than the ELVs for natural gas. Under MCPD
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hydrogen is classified as other gaseous fuel. The MCPD contains a mixing rule, which sets
weighted ELVs based on the share of each fuel in the combustion process. The ELVS
established via mixing rule would be sufficient to take into account the slighthly higher NOx
emission originating from the combustion of hydrogen, so the provisions proposed by the
Commission are not necessary. Furthermore, the Commission proposal is very combersome
to apply in practice and add administrative burden, thus working against the objectives of this
proposal.
Amendment 456
Ondřej Knotek, Jana Nagyová, Antonín Staněk, Anne-Sophie Frigout
Proposal for a directive
Annex II – point 1 – point a
Directive (EU) 2015/2193
Annex II – Part 1 – tables 1, 2 and 3 – footnote
Text proposed by the Commission Amendment
(*) The emission limit value is not
applicable to combustion plants firing gas
with more than 20 % (by volume) of
hydrogen. Member States shall ensure
that the overall load of NOx eventually
released into the air over one year is not
increased compared to the situation where
the emissions from the installation
concerned remained compliant with
emission limit values set out in Part 1 of
Annex II for NOx for the combustion of
natural gas, without prejudice to stricter
measures required pursuant to Article 6
(9).;
(*) The emission limit value is not
applicable to combustion plants firing gas
with more than 5 % (by volume) of
hydrogen. This without prejudice to stricter
measures required pursuant to Article 6
(9).;
Or. en
Justification
It is unclear how it will be possible to meet the condition requiring that the amount of NOx
emissions produced under the relevant emission limit when burning natural gas not be
exceeded in case when the exemption from the NOx emission limit is applied.
Amendment 457
Jutta Paulus
Proposal for a directive
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Annex II – point 1 – point a
Directive 2015/2193
Annex II – Part 1 – tables 1, 2 and 3 – footnote
Text proposed by the Commission Amendment
(*) The emission limit value is not
applicable to combustion plants firing gas
with more than 20 % (by volume) of
hydrogen. Member States shall ensure that
the overall load of NOx eventually released
into the air over one year is not increased
compared to the situation where the
emissions from the installation concerned
remained compliant with emission limit
values set out in Part 1 of Annex II for NOx
for the combustion of natural gas, without
prejudice to stricter measures required
pursuant to Article 6 (9).;
(*) The emission limit value is not
applicable to combustion plants firing gas
with more than 20 % (by volume) of
hydrogen, provided the substitution by
hydrogen of previously used fuel results
in at least 15% greenhouse gas emissions
reduction. Member States shall ensure that
the overall load of NOx eventually released
into the air over one year is not increased
compared to the situation where the
emissions from the installation concerned
remained compliant with emission limit
values set out in Part 1 of Annex II for NOx
for the combustion of natural gas, without
prejudice to stricter measures required
pursuant to Article 6 (9).;
Or. en
Amendment 458
Thomas Bajada, Annalisa Corrado
Proposal for a directive
Annex II – point 1 – point a
Directive (EU) 2015/2193
Annex II – Part 1 – tables 1, 2 and 3 – footnote
Text proposed by the Commission Amendment
(*) The emission limit value is not
applicable to combustion plants firing gas
with more than 20 % (by volume) of
hydrogen. Member States shall ensure that
the overall load of NOx eventually released
into the air over one year is not increased
compared to the situation where the
emissions from the installation concerned
remained compliant with emission limit
values set out in Part 1 of Annex II for NOx
for the combustion of natural gas, without
(*) The emission limit value is not
applicable to combustion plants firing gas
with more than 30 % (by volume) of
hydrogen. Member States shall ensure that
the overall load of NOx eventually released
into the air over one year is not increased
compared to the situation where the
emissions from the installation concerned
remained compliant with emission limit
values set out in Part 1 of Annex II for NOx
for the combustion of natural gas, without
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prejudice to stricter measures required
pursuant to Article 6 (9).;
prejudice to stricter measures required
pursuant to Article 6 (9).;
Or. en
Amendment 459
Alexander Bernhuber
Proposal for a directive
Annex II – point 1 – point a
Directive (EU) 2015/2193
Annex II – Part 1 – tables 1, 2 and 3 – footnote
Text proposed by the Commission Amendment
(*) The emission limit value is not
applicable to combustion plants firing gas
with more than 20 % (by volume) of
hydrogen. Member States shall ensure that
the overall load of NOx eventually released
into the air over one year is not increased
compared to the situation where the
emissions from the installation concerned
remained compliant with emission limit
values set out in Part 1 of Annex II for NOx
for the combustion of natural gas, without
prejudice to stricter measures required
pursuant to Article 6 (9).;
(*) The emission limit value is not
applicable to combustion plants firing gas
with more than 5 % (by volume) of
hydrogen. Member States shall ensure that
the overall load of NOx eventually released
into the air over one year is not increased
compared to the situation where the
emissions from the installation concerned
remained compliant with emission limit
values set out in Part 1 of Annex II for NOx
for the combustion of natural gas, without
prejudice to stricter measures required
pursuant to Article 6 (9).;
Or. en
Justification
The proposed threshold of 20% hydrogen content must be lowered to 5% to ensure regulatory
certainty during early application phases and enable hydrogen projects to proceed to
implementation more rapidly.
Amendment 460
Ondřej Knotek, Jana Nagyová, Antonín Staněk, Anne-Sophie Frigout
Proposal for a directive
Annex II – point 1 – point b
Directive (EU) 2015/2193
Annex II – Part 2 – tables 1 and 2 – footnote
PE791.123v02-00 154/158 AM\1348825EN.docx
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Text proposed by the Commission Amendment
(*) The emission limit value is not
applicable to combustion plants firing gas
with more than 20 % (by volume) of
hydrogen. Member States shall ensure
that the overall load of NOx eventually
released into the air over one year is not
increased compared to the situation where
the emissions from the installation
concerned remained compliant with
emission limit values set out in Part 2 of
Annex II for NOx for the combustion of
natural gas, without prejudice to stricter
measures required pursuant to Article 6
(9).;
(*) The emission limit value is not
applicable to combustion plants firing gas
with more than 5 % (by volume) of
hydrogen. This without prejudice to stricter
measures required pursuant to Article 6
(9).;
Or. en
Justification
It is unclear how it will be possible to meet the condition requiring that the amount of NOx
emissions produced under the relevant emission limit when burning natural gas not be
exceeded in case when the exemption from the NOx emission limit is applied.
Amendment 461
Jutta Paulus
Proposal for a directive
Annex II – point 1 – point b
Directive (EU) 2015/2193
Annex II – PART 2 – tables 1 and 2 – footnote
Text proposed by the Commission Amendment
(*) The emission limit value is not
applicable to combustion plants firing gas
with more than 20 % (by volume) of
hydrogen. Member States shall ensure that
the overall load of NOx eventually released
into the air over one year is not increased
compared to the situation where the
emissions from the installation concerned
remained compliant with emission limit
values set out in Part 2 of Annex II for NOx
for the combustion of natural gas, without
(*) The emission limit value is not
applicable to combustion plants firing gas
with more than 20 % (by volume) of
hydrogen, provided the substitution by
hydrogen of previously used fuel results
in at least 15% greenhouse gas emissions
reduction. Member States shall ensure that
the overall load of NOx eventually released
into the air over one year is not increased
compared to the situation where the
emissions from the installation concerned
remained compliant with emission limit
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prejudice to stricter measures required
pursuant to Article 6 (9).;
values set out in Part 2 of Annex II for NOx
for the combustion of natural gas, without
prejudice to stricter measures required
pursuant to Article 6 (9).;
Or. en
Amendment 462
Thomas Bajada, Annalisa Corrado
Proposal for a directive
Annex II – point 1 – point b
Directive (EU) 2015/2193
Annex II – Part 2 – table 1 and 2 – footnote
Text proposed by the Commission Amendment
(*) The emission limit value is not
applicable to combustion plants firing gas
with more than 20 % (by volume) of
hydrogen. Member States shall ensure that
the overall load of NOx eventually released
into the air over one year is not increased
compared to the situation where the
emissions from the installation concerned
remained compliant with emission limit
values set out in Part 2 of Annex II for NOx
for the combustion of natural gas, without
prejudice to stricter measures required
pursuant to Article 6 (9).;
(*) The emission limit value is not
applicable to combustion plants firing gas
with more than 30 % (by volume) of
hydrogen. Member States shall ensure that
the overall load of NOx eventually released
into the air over one year is not increased
compared to the situation where the
emissions from the installation concerned
remained compliant with emission limit
values set out in Part 2 of Annex II for NOx
for the combustion of natural gas, without
prejudice to stricter measures required
pursuant to Article 6 (9).;
Or. en
Amendment 463
Alexander Bernhuber
Proposal for a directive
Annex II – point 1 – point b
Directive (EU) 2015/2193
Annex II – Part 2 – table 1 and 2 – footnote
Text proposed by the Commission Amendment
(*) The emission limit value is not
applicable to combustion plants firing gas
(*) The emission limit value is not
applicable to combustion plants firing gas
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with more than 20 % (by volume) of
hydrogen. Member States shall ensure that
the overall load of NOx eventually released
into the air over one year is not increased
compared to the situation where the
emissions from the installation concerned
remained compliant with emission limit
values set out in Part 2 of Annex II for NOx
for the combustion of natural gas, without
prejudice to stricter measures required
pursuant to Article 6 (9).;
with more than 5 % (by volume) of
hydrogen. Member States shall ensure that
the overall load of NOx eventually released
into the air over one year is not increased
compared to the situation where the
emissions from the installation concerned
remained compliant with emission limit
values set out in Part 2 of Annex II for NOx
for the combustion of natural gas, without
prejudice to stricter measures required
pursuant to Article 6 (9).;
Or. en
Justification
The proposed threshold of 20% hydrogen content must be lowered to 5% to ensure regulatory
certainty during early application phases and enable hydrogen projects to proceed to
implementation more rapidly.
Amendment 464
Michal Wiezik, Martin Hojsík
Proposal for a directive
Annex II – point 2 – point c
Directive (EU) 2015/2193
Annex III – Part 1– point 2 – first indent
Text proposed by the Commission Amendment
- three times the number of
maximum average annual operating hours,
applicable pursuant to Article 6(3) or (8),
for medium combustion plants with a rated
thermal input equal to or greater than 20
MW that meet the requirements applicable
to ‘category NRG’ in respect to Stage V
controls under Regulation (EU) 2016/1628
of the European Parliament and of the
Council1 ,
- three times the number of
maximum average annual operating hours,
applicable pursuant to Article 6(3) or (8),
for medium combustion plants with a rated
thermal input equal to or greater than 20
MW that have adopted measures for the
installation of retrofit emission control
devices and advanced secondary
abatement techniques for particulate
pollutants and which meet the
requirements applicable to ‘category NRG’
in respect to Stage V controls under
Regulation (EU) 2016/1628 of the
European Parliament and of the Council1 ,
_________________ _________________
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1 Regulation (EU) 2016/1628 of the
European Parliament and of the Council of
14 September 2016 on requirements
relating to gaseous and particulate pollutant
emission limits and type-approval for
internal combustion engines for non-road
mobile machinery, amending Regulations
(EU) No 1024/2012 and (EU) No
167/2013, and amending and repealing
Directive 97/68/EC
1 Regulation (EU) 2016/1628 of the
European Parliament and of the Council of
14 September 2016 on requirements
relating to gaseous and particulate pollutant
emission limits and type-approval for
internal combustion engines for non-road
mobile machinery, amending Regulations
(EU) No 1024/2012 and (EU) No
167/2013, and amending and repealing
Directive 97/68/EC
Or. en
Justification
it should be required that the monitoring frequencies are reduced in cases of not only
compliance with the limits, which might lack ambition in case of PM, also considering that
data centres are increasingly deployed near populated areas and are currently exempted from
emission limits on patricle number (PN), but also with the requirement that advanced
emission control, also for PM and PN is in place to ensure the hightest possible protection of
human heatlh and environmnet.
Amendment 465
Jutta Paulus
Proposal for a directive
Annex II – point 2 – point d
Directive (EU) 2015/2193
Annex III – Part 2 – paragraph 6
Text proposed by the Commission Amendment
6. In the case of complete replacement
of ambient air with oxygen, the emission
limit values referred to in Article 6 shall be
regarded as having been complied with if
the emissions are not higher than the
emissions from the combustion of the
given fuel at the standardised O2 content.
6. In the case of complete replacement
of ambient air with oxygen, the emission
limit values referred to in Article 6 shall be
regarded as having been complied with if
the emissions are not higher than the
emissions from the combustion of the
given fuel at the standardised O2 content.
In such case, Member States shall ensure
that the overall load of pollutants
eventually released into the air over one
year is not increased compared to the
situation where the emissions from the
installation concerned remained
compliant with the emission limit values
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set out under conventional air-firing
conditions.
Or. en
27.08.2026
Datei
PD
