27 Amendments of Christa KLASS related to 2012/0297(COD)
Amendment 63 #
Proposal for a directive
Recital 3
Recital 3
(3) It is necessary to amend Directive 2011/92/EU in order to strengthen the quality of the environmental assessment procedure, streamline the various steps of the procedure and enhance coherence and synergies with other Union legislation and policies, as well as strategies and policies developed by Member States in areas of national competence. In many cases administrative procedures became too complicated and extended, causing delays and creating additional risks for the protection of the environment. In this respect, simplification and harmonisation of the procedures should be one of the aims of Directive 2011/92/EU. The suitability of creating a one-stop shop is to be taken into account with a view to allow coordinated assessment or joint procedures when several EIAs are required, for instance in cases of cross- border projects, as well as to define more specific criteria for mandatory assessments.
Amendment 66 #
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) In the case of projects which may have cross-border effects on the environment, the Member States concerned should set up, on the basis of equal representation, a joint liaison body responsible for dealing with all the stages in the procedure. The consent of all the Member States concerned should be required for final authorisation of the project.
Amendment 67 #
Proposal for a directive
Recital 3 b (new)
Recital 3 b (new)
(3b) The revised Directive 2011/92/EU should also ensure that environmental protection is improved, resource efficiency increased and sustainable growth supported in Europe. To this end, the procedures it lays down should be simplified and harmonised.
Amendment 69 #
Proposal for a directive
Recital 4
Recital 4
(4) Over the last decade, environmental issues, such as resource efficiency, biodiversity, climate change, and disaster risks, have become more important in policy making and should therefore also constitute critical elements in assessment and decision-making processes, especially for infrastructure projects. The Commission should propose a list of criteria and indications including visual impact with a view to a better implementation of Directive 2011/92/EU with regard to the conservation of historical and cultural heritage, as there are currently no guidelines in that respect.
Amendment 70 #
Proposal for a directive
Recital 6
Recital 6
(6) The Soil Thematic Strategy and the Roadmap to a Resource-Efficient Europe underline the importance of the sustainable use of soil and the need to address the unsustainable increase of settlement areas over time (land take). Furthermore, the final document of the United Nations Conference on Sustainable Development held in Rio de Janeiro on 20-22 June 2012 recognises the economic and social significance of good land management, including soil, and the need for urgent action to reverse land degradation. Public and private projects should therefore consider and limit their impact on land, particularly land take and the reduction in the area of agricultural and forestry land available for the production of foodstuffs, feedingstuffs and renewable raw materials, and soil, including on organic matter, erosion, compaction and sealing, including through appropriate land use plans and policies at national, regional and local levels.
Amendment 82 #
Proposal for a directive
Recital 13
Recital 13
(13) Experience has shown that in cases of civil emergency compliance with the provisions of Directive 2011/92/EU may have adverse effects, and provision should therefore be made to authorise Member States not to apply that Directive in appropriate cases. In this respect, the Directive should take into account the provisions of the Espoo Convention, which, in cases of cross-border projects, obliges the participating States to notify and consult each other. In such cross- border projects, the Commission should, where and when appropriate and possible, play a more pro-active and facilitating role.
Amendment 100 #
Proposal for a directive
Article 1 – point 1 – point a
Article 1 – point 1 – point a
Directive 2011/92/EU
Article 1 – paragraph 2 – point a – indent 1
Article 1 – paragraph 2 – point a – indent 1
Amendment 113 #
Proposal for a directive
Article 1 – point 1 – point a a (new)
Article 1 – point 1 – point a a (new)
(aa) The following subparagraph shall be added to paragraph 2(a): ‘Individual works and activities which are authorised or permitted on the basis of a national legislative act shall not be classified as projects.’
Amendment 120 #
Proposal for a directive
Article 1 – point 1 – point b
Article 1 – point 1 – point b
Directive 2011/92/EU
Article 1 – paragraph 2 – point g
Article 1 – paragraph 2 – point g
(g) "environmental impact assessment" shall mean the process of preparing an environmental report, carrying out consultations (including with the public concerned and the environmental authorities), the assessment by the competent authority, taking into account the environmental report, including data concerning pollution from emissions, and the results of the consultations in the development consent procedure as well as the provision of information on the decision in accordance with Articles 5 to 10."
Amendment 125 #
Proposal for a directive
Article 1 – point 1 – point b a (new)
Article 1 – point 1 – point b a (new)
Directive 2011/92/EU
Article 1 – paragraph 2 – point g a (new)
Article 1 – paragraph 2 – point g a (new)
(ba) in paragraph 2, the following definition is added: "(ga) "Joint Procedure": Under the Joint Procedure the competent authority shall issue one environmental impact assessment, integrating the assessments of one or more authorities without prejudice to other provisions of other relevant EU legislation."
Amendment 127 #
Proposal for a directive
Article 1 – point 1 – point b b (new)
Article 1 – point 1 – point b b (new)
Directive 2011/92/EU
Article 1 – paragraph 2 – point g b (new)
Article 1 – paragraph 2 – point g b (new)
(bb) in paragraph 2, the following definition is added: "(gb) "Simplification" means the reduction of forms, the creation of joint procedures and coordination tools in order to integrate the assessments made by the concerned authorities. Simplification also means to establish shared criteria, shorten deadlines for submitting reports and to strengthen objective and scientific evaluations."
Amendment 173 #
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 2011/92/EU
Article 3 – point b
Article 3 – point b
(b) land, soil, water, air and climate change;
Amendment 179 #
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 2011/92/EU
Article 3 – point b a (new)
Article 3 – point b a (new)
(ba) land used for agriculture and forestry;
Amendment 183 #
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 2011/92/EU
Article 3 – point c
Article 3 – point c
(c) material assets, cultural heritage and the landscape in accordance with Article 3 TEU;
Amendment 230 #
Proposal for a directive
Article 1 – point 4 – point b
Article 1 – point 4 – point b
Directive 2011/92/EU
Article 4 – paragraph 6 – subparagraph 1
Article 4 – paragraph 6 – subparagraph 1
6. The competent authority shall make its decision pursuant to paragraph 2 within three months from the request for development consent and provided that the developer has submitted all the requisite information. Depending on the nature, complexity, location and size of the proposed project, the competent authority may extend that deadline by a furtherup to 3 months; in that case, the competent authority shall inform the developer of the reasons justifying the extension and of the date when its determination is expected.
Amendment 241 #
Proposal for a directive
Article 1 – point 5
Article 1 – point 5
Directive 2011/92/EU
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Where an environmental impact assessment must be carried out in accordance with Articles 5 to 10, the developer shall prepare an environmental report. The environmental report shall be based on the determination pursuant to paragraph 2 of this Article and include the information that may reasonably be required for making informed decisions on the environmental impacts of the proposed project, taking into account current knowledge and methods of assessment, the characteristics, technical capacity and location of the project, the characteristics of the potential impact, and alternatives to the proposed project and the extent to which certain matters (including the evaluation of alternatives) are more appropriately assessed at different levels including the planning level, or on the basis of other assessment requirementsconsidered by the developer. The detailed list of information to be provided in the environmental report is specified in Annex IV.
Amendment 246 #
Proposal for a directive
Article 1 – point 5
Article 1 – point 5
Directive 2011/92/EU
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Where an environmental impact assessment must be carried out in accordance with Articles 5 to 10, the developer shall prepare an environmental report. The environmental report shall be based on the determination pursuant to paragraph 2 of this Article and include the information that may reasonably be required for making informed decisions on the environmental impacts of the proposed project, taking into account current knowledge and methods of assessment, the characteristics, technical capacity and location, including immission load, of the project, the characteristics of the potential impact, alternatives to the proposed project and the extent to which certain matters (including the evaluation of alternatives) are more appropriately assessed at different levels including the planning level, or on the basis of other assessment requirements. The detailed list of information to be provided in the environmental report is specified in Annex IV.
Amendment 255 #
Proposal for a directive
Article 1 – point 5
Article 1 – point 5
Directive 2011/92/EU
Article 5 – paragraph 2 – subparagraph 1 – introductory part
Article 5 – paragraph 2 – subparagraph 1 – introductory part
2. The competent authority, after having consulted the authorities referred to in Article 6(1) and the developer, shall determine the scope and level of detail of the information to be included by the developer in the environmental report, in accordance with paragraph 1 of this Article, if the operator asks for this. In particular, it shall determine:
Amendment 264 #
Proposal for a directive
Article 1 – point 5
Article 1 – point 5
Directive 2011/92/EU
Article 5 – paragraph 2 – subparagraph 1 – point c
Article 5 – paragraph 2 – subparagraph 1 – point c
Amendment 273 #
Proposal for a directive
Article 1 – point 5
Article 1 – point 5
Directive 2011/92/EU
Article 5 – paragraph 2 – subparagraph 1 – point d
Article 5 – paragraph 2 – subparagraph 1 – point d
(d) reasonablethe required alternatives relevant to the proposed project and itsconsidered by the developer and their specific characteristics;
Amendment 281 #
Proposal for a directive
Article 1 – point 5
Article 1 – point 5
Directive 2011/92/EU
Article 5 – paragraph 2 – subparagraph 1 – point f
Article 5 – paragraph 2 – subparagraph 1 – point f
Amendment 347 #
Proposal for a directive
Article 1 – point 6 – point b
Article 1 – point 6 – point b
Directive 2011/92/EU
Article 6 – paragraph 7
Article 6 – paragraph 7
7. The time-frames for consulting the public concerned on the environmental report referred to in Article 5(1) shall not be shorter than 30 days or longer than 60 days. In exceptional cases, where the nature, complexity, location or size of the proposed project so require, the competent authority may extend this time-frame by a furtherup to 30 days; in that case, the competent authority shall inform the developer of the reasons justifying the extension..
Amendment 403 #
Proposal for a directive
Article 1 – point 8
Article 1 – point 8
Directive 2011/92/EU
Article 8 – paragraph 3 – subparagraph 2
Article 8 – paragraph 3 – subparagraph 2
Depending on the nature, complexity, location and size of the proposed project, the competent authority may extend that deadline by a furtherup to 3 months; in that case, the competent authority shall inform the developer of the reasons justifying the extension and of the date when its decision is expected.
Amendment 427 #
Proposal for a directive
Article 1 – point 9 a (new)
Article 1 – point 9 a (new)
Directive 2011/92/EU
Article 11 – paragraphs 5 a (new) and 5 b(new)
Article 11 – paragraphs 5 a (new) and 5 b(new)
Amendment 483 #
Proposal for a directive
Annex – point 1
Annex – point 1
(ba) a description of the likely environmental impact of emissions at the location of the project.
Amendment 513 #
Proposal for a directive
Annex – point 2
Annex – point 2
Directive 2011/92/EU
Annex III – paragraph 1 – point h
Annex III – paragraph 1 – point h
(h) impacts of the project on the environment, in particular on land use and the loss of agricultural and forest areas, land (increase of settlement areas over time – land use or land take), soil (organic matter, erosion, compaction, sealing), water (quantity and quality), air and biodiversity (population quality and quantity and ecosystem degradation and fragmentation);
Amendment 519 #
Proposal for a directive
Annex – point 2
Annex – point 2
Directive 2011/92/EU
Annex III – paragraph 1 – point i
Annex III – paragraph 1 – point i
(i) the risks to human health (e.g. due to water contamination or, air pollution or noise);