62 Amendments of Richard SEEBER related to 2012/0297(COD)
Amendment 101 #
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 143 #
Proposal for a directive
Article 1 – point 2
Article 1 – point 2
Directive 2011/92/EU
Article 2 – paragraph 3 - subparagraph 1
Article 2 – paragraph 3 - subparagraph 1
3. Projects for which the obligation to carry out assessments of the effects on the environment arises simultaneously from this Directive and other Union legislation shall be subject to coordinated or joint procedures fulfilling the requirements of the relevant Union legislationfollowing Union legislative acts: - Directive 2009/147/EC on the conservation of wild birds, - Directive 2000/60/EC establishing a framework for Community action in the field of water policy, - Directive 2010/75/EU on industrial emissions, - Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora.
Amendment 147 #
Proposal for a directive
Article 1 – point 2
Article 1 – point 2
Directive 2011/92/EU
Article 2 – paragraph 3 – subparagraph 2
Article 2 – paragraph 3 – subparagraph 2
Under the coordinated procedure, the competent authority/authorities shall coordinate the various individual assessments required by the Union legislation concerned and issued by several authorities, without prejudice to any provisions to the contrary contained in other relevant Union legislation.
Amendment 150 #
Proposal for a directive
Article 1 – point 2
Article 1 – point 2
Directive 2011/92/EU
Article 2 – paragraph 3 – subparagraph 3
Article 2 – paragraph 3 – subparagraph 3
Under the joint procedure, the competent authority/authorities shall issue one environmental impact assessment, integrating the assessments of one or more authorities, without prejudice to any provisions to the contrary contained in other relevant Union legislation.
Amendment 151 #
Proposal for a directive
Article 1 – point 2
Article 1 – point 2
Directive 2011/92/EU
Article 2 – paragraph 3 – subparagraph 4
Article 2 – paragraph 3 – subparagraph 4
Amendment 152 #
Proposal for a directive
Article 1 – point 2
Article 1 – point 2
Directive 2011/92/EU
Article 2 – paragraph 3 – subparagraph 4
Article 2 – paragraph 3 – subparagraph 4
Amendment 166 #
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 2011/92/EU
Article 3 – point a
Article 3 – point a
(a) population, human health, and biodiversity, with particular attention to species and habitats protected under Council Directive 92/43/EEC(*) and Directive 2009/147/EC of the European Parliament and of the Councilhuman beings, fauna and flora;
Amendment 171 #
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
2011/92/EG
Article 3 – point b
Article 3 – point b
(b) land, soil, water, air and, climate changand the landscape;
Amendment 174 #
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
2011/92/EU
Article 3 – point b
Article 3 – point b
(b) land, soil, water, air and climate change;
Amendment 180 #
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, and the cultural heritage and the landscape;
Amendment 184 #
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 2011/92/EU
Article 3 – point e
Article 3 – point e
Amendment 188 #
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 2011/92/EU
Article 3 – point e a (new)
Article 3 – point e a (new)
(ea) On the basis of the factors referred to in the new letters a, b and c, due account shall be taken of the significant environmental impact in the form of project-related natural and man-made disaster risks. The events in question shall be those which can reasonably be described as characteristic for the type of project involved.
Amendment 193 #
Proposal for a directive
Article 1 – point 4 – point a
Article 1 – point 4 – point a
3. For projects listed in Annex II, the developer shall, where necessary and appropriate, provide information on the characteristics of the project, its potential impact on the environment and the measures envisaged in order to avoid and reduce significant effects. The detailed list of information to be provided is specified in Annex II.A.
Amendment 207 #
Proposal for a directive
Article 1 – point 4 – point a
Article 1 – point 4 – point a
Directive 2011/92/EU
Article 4 – paragraph 4
Article 4 – paragraph 4
4. When a case-by-case examination is carried out or thresholds or criteria are set for the purpose of paragraph 2, the competent authority shall, where necessary, take account of selection criteria related to the characteristics and location of the project and its potential impact on the environment. The detailed list of selection criteria to be used is specified in Annex III.
Amendment 215 #
Proposal for a directive
Article 1 – point 4 – point b
Article 1 – point 4 – point b
Directive 2011/92/EU
Article 4 – paragraph 5 – point a
Article 4 – paragraph 5 – point a
Amendment 217 #
Proposal for a directive
Article 1 – point 4 – point b
Article 1 – point 4 – point b
Directive 2011/92/EU
Article 4 – paragraph 5 – point c
Article 4 – paragraph 5 – point c
Amendment 232 #
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 2
Article 4 – paragraph 6 – subparagraph 2
Amendment 242 #
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, reasonable alternatives to the proposed projectconsidered by the developer which, taking into account the specific features of the project, could achieve its main objectives to the same extent, 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 250 #
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. TIf, before submitting a request for development consent, the developer so desires, 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. In particular, it shall determine:The developer must append to this request a suggested approach for the environmental report.
Amendment 260 #
Proposal for a directive
Article 1 – point 5
Article 1 – point 5
Directive 2011/92/EU
Article 5 – paragraph 2 – subparagraph 1 – point a
Article 5 – paragraph 2 – subparagraph 1 – point a
Amendment 262 #
Proposal for a directive
Article 1 – point 5
Article 1 – point 5
Directive 2011/92/EU
Article 5 – paragraph 2 – subparagraph 1 – point b
Article 5 – paragraph 2 – subparagraph 1 – point b
Amendment 263 #
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 268 #
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
Amendment 278 #
Proposal for a directive
Article 1 – point 5
Article 1 – point 5
Directive 2011/92/EU
Article 5 – paragraph 2 – subparagraph 1 – point e
Article 5 – paragraph 2 – subparagraph 1 – point e
Amendment 280 #
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 285 #
Proposal for a directive
Article 1 – point 5
Article 1 – point 5
Directive 2011/92/EU
Article 5 – paragraph 2 – subparagraph 1 – point g
Article 5 – paragraph 2 – subparagraph 1 – point g
Amendment 287 #
Proposal for a directive
Article 1 – point 5
Article 1 – point 5
Directive 2011/92/EU
Article 5 – paragraph 2 – subparagraph 2
Article 5 – paragraph 2 – subparagraph 2
The competent authority may also seek assistance from accredited and technically competent experts referred to in paragraph 3 of this Article. Subsequent requests to the developer for additional information may only be made if these arerequest additional information from the developer, if this is justified by new circumstances and dulyor technical considerations and explained by the competent authority.
Amendment 298 #
Proposal for a directive
Article 1 – point 5
Article 1 – point 5
(a) the developer shall ensure that the environmental report is prepared by accredited and technically competent experts orand
Amendment 309 #
Proposal for a directive
Article 1 – point 5
Article 1 – point 5
Directive 2011/92/EU
Article 5 – paragraph 3 – subparagraph 1 – point b
Article 5 – paragraph 3 – subparagraph 1 – point b
(b) the competent authority shall ensure that the environmental report is verified by accredited and technically competent experts and/or committees of national experts.
Amendment 319 #
Proposal for a directive
Article 1 – point 5
Article 1 – point 5
Directive 2011/92/EU
Article 5 – paragraph 3 – subparagraph 2
Article 5 – paragraph 3 – subparagraph 2
Where accredited and technically competent experts assisted the competent authority to prepare the determination referred to in Article 5(2), the same experts shall not be used by the developer for the preparation of the environmental report.
Amendment 327 #
Proposal for a directive
Article 1 – point 5
Article 1 – point 5
Directive 2011/92/EU
Article 5 – paragraph 3 – subparagraph 3
Article 5 – paragraph 3 – subparagraph 3
The detailed arrangements for the use and selection of accredited and technically competent experts (for example qualifications required, assignment of evaluation, licensing, and disqualification), shall be determined by the Member States.
Amendment 350 #
Proposal for a directive
Article 1 – point 8
Article 1 – point 8
Directive 2011/92/EU
Article 8 – paragraph -1 a (new)
Article 8 – paragraph -1 a (new)
Amendment 357 #
Proposal for a directive
Article 1 – point 8
Article 1 – point 8
Directive 2011/92/EU
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
(a) the results of the environmental assessment of the competent authority referred to in Article 3 and the environmental conditions attached to the decision, including a description of the main measures to avoid, reduce and, if possible, offset significant adverse effects;
Amendment 361 #
Proposal for a directive
Article 1 – point 8
Article 1 – point 8
Directive 2011/92/EU
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
(b) the main reasons for choosing the project as adopted, in the lightA summary of the other alternatives considered by the developer, including the likely evolution of the existing state of the environment without implementation of the project (baseline scenario);
Amendment 372 #
Proposal for a directive
Article 1 – point 8
Article 1 – point 8
Directive 2011/92/EU
Article 8 – paragraph 2 – subparagraph 1
Article 8 – paragraph 2 – subparagraph 1
1. If the consultations and the information gathered pursuant to Articles 5, 6 and 7 conclude that a project will have significant adverse environmental effects, the competent authority shall, as early as possible and in close cooperation, discuss with the authorities referred to in Article 6(1) and the developer, shall consider whether the environmental report referred to in Article 5(1) should be revised and the project modified to avoid or reduce these adverse effects and whether additional mitigation or compensation measures are needed under the relevant law.
Amendment 377 #
Proposal for a directive
Article 1 – point 8
Article 1 – point 8
Directive 2011/92/EU
Article 8 – paragraph 2 – subparagraph 2
Article 8 – paragraph 2 – subparagraph 2
If the competent authority decides to grant development consent, it shall, in accordance with the relevant legislation, ensure that the development consent includes measures to monitor the significant adverse environmental effects, in order to assess the implementation and the expected effectiveness of mitigation and compensation measures, and to identify any unforeseeable adverse effects.
Amendment 383 #
Proposal for a directive
Article 1 – point 8
Article 1 – point 8
Directive 2011/92/EU
Article 8 – paragraph 2 – subparagraph 3
Article 8 – paragraph 2 – subparagraph 3
Amendment 387 #
Proposal for a directive
Article 1 – point 8
Article 1 – point 8
Directive 2011/92/EU
Article 8 – paragraph 2 – subparagraph 4
Article 8 – paragraph 2 – subparagraph 4
Amendment 404 #
Proposal for a directive
Article 1 – point 8
Article 1 – point 8
Amendment 405 #
Proposal for a directive
Article 1 – point 8
Article 1 – point 8
Directive 2011/92/EU
Article 8 – paragraph 4
Article 8 – paragraph 4
Amendment 436 #
Proposal for a directive
Article 1 – point 11
Article 1 – point 11
Directive 2011/92/EU
Articles 12 a and 12b
Articles 12 a and 12b
Amendment 452 #
Proposal for a directive
Article 3
Article 3
Projects for which the request for development consent was introduced before the date referred to in the first subparagraph of Article 2(1) and for which the environmental impact assessment has not been concluded before that date shall be subject to the obligations referred to in Articles 3 to 11 of Directive 2011/92/EU as amended by this Directive, where the developer asks for environmental assessment of his project to be continued in accordance with the new provisions.
Amendment 504 #
Proposal for a directive
Annex – point 2
Annex – point 2
Directive 2011/92/EU
Annex III – paragraph 1 – point f
Annex III – paragraph 1 – point f
(f) the natural and man-made disaster risks and risk of accidents, with particular regard to hydromorphological changes, substances, or technologies or living organisms used, to specific surface and subsurface conditions or alternative use, and to the probability of accidents or disasters and the vulnerability of the project to these risks; consideration should be given to those events which are, on reasoned assessment, regarded as characteristic for the nature of the project;
Amendment 506 #
Proposal for a directive
Annex – point 2
Annex – point 2
Directive 2011/92/EU
Annex III – paragraph 1 – point g
Annex III – paragraph 1 – point g
Amendment 511 #
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
Amendment 516 #
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
Amendment 520 #
Proposal for a directive
Annex – point 2
Annex – point 2
Directive 2011/92/EU
Annex III – paragraph 1 – point j
Annex III – paragraph 1 – point j
Amendment 528 #
Proposal for a directive
Annex – point 2
Annex – point 2
Directive 2011/92/EU
Annex III – paragraph 2 – point c – point vi
Annex III – paragraph 2 – point c – point vi
(vi) areas in which there has already been a failure to meet the environmental quality standards, laid down in Union legislation and relevant to the project, or is likely to be such a failure;
Amendment 534 #
Proposal for a directive
Annex – point 2
Annex – point 2
Directive 2011/92/EU
Annex III – paragraph 3 – introductory part
Annex III – paragraph 3 – introductory part
The potential significant effects of projects on the factors referred to in Article 3 must be considered in relation to criteria set out under 1 and 2 above, with particular regard to:
Amendment 535 #
Proposal for a directive
Annex – point 2
Annex – point 2
Directive 2011/92/EU
Annex III – paragraph 3 – point g
Annex III – paragraph 3 – point g
Amendment 536 #
Proposal for a directive
Annex – point 2
Annex – point 2
Directive 2011/92/EU
Annex III – paragraph 3 – point h
Annex III – paragraph 3 – point h
Amendment 538 #
Proposal for a directive
Annex – point 2
Annex – point 2
Directive 2011/92/EU
Annex III – paragraph 3 – point i
Annex III – paragraph 3 – point i
Amendment 539 #
Proposal for a directive
Annex – point 2
Annex – point 2
Directive 2011/92/EU
Annex III – article 3 – point k
Annex III – article 3 – point k
Amendment 541 #
Proposal for a directive
Annex – point 2
Annex – point 2
Directive 2011/92/EU
Annex III – paragraph 3 – point l
Annex III – paragraph 3 – point l
Amendment 547 #
Proposal for a directive
Annex – point 2
Annex – point 2
Directive 2011/92/EU
Annex IV – paragraph 1 – point a
Annex IV – paragraph 1 – point a
(a) a description of the physical characteristics of the whole project, including, where relevant, its subsurface, any necessary demolition work and the water use and land-use requirements during the construction and operational phases;
Amendment 556 #
Proposal for a directive
Annex – point 2
Annex – point 2
Directive 2011/92/EU
Annex IV – paragraph 2
Annex IV – paragraph 2
2. A description, of the technical, locational or other aspects (e.g. in terms of project design, technical capacity, size and scale) of the alternatives considered, including the identification of the least environmentally impacting oneassessed as feasible by the developer, and an indication of the main reasons for the choice made, taking into account the environmental effects.
Amendment 560 #
Proposal for a directive
Annex – point 2
Annex – point 2
Directive 2011/92/EU
Annex IV – paragraph 3
Annex IV – paragraph 3
3. A description of the relevant aspects of the existing state of the environment and the likely evolution thereof without implementation of the project (baseline scenario). This description should cover any existing environmental problems relevant to the project, including, in particular, those relating to any areas of a particular environmental importance and the use of natural resources.
Amendment 564 #
Proposal for a directive
Annex – point 2
Annex – point 2
Directive 2011/92/EU
Annex IV – paragraph 4
Annex IV – paragraph 4
4. A description of the aspects of the environment likely to be significantly affected by the proposed project, including, in particular, population, human health, fauna, flora, biodiversity and the ecosystem services it provides, land (land use or land take), soil (organic matter, erosion, compaction, sealing), water (quantity and quality), air, climatic factors, climate change (greenhouse gas emissions, including from land use, land use change and forestry, mitigation potential, impacts relevant to adaptation, if the project takes into account risks associated with climate change), material rial assets, cultural heritage, including architectural and archaeological ones, landscape; such a description should include the inter-relationship between the above factors, as well as the exposure, vulnerability and resilience of the above factors to natural and man-made disaster risks.
Amendment 571 #
Proposal for a directive
Annex – point 2
Annex – point 2
Directive 2011/92/EU
Annex IV – paragraph 5 – subparagraph 1 – point b
Annex IV – paragraph 5 – subparagraph 1 – point b
(b) the use of natural resources, in particular land, soil, water, and biodiversity and the ecosystem services it provides, considering as far possible the availability of these resources also in the light of changing climatic condition, considering the sustainable availability of these resources;
Amendment 575 #
Proposal for a directive
Annex – point 2
Annex – point 2
Directive 2011/92/EU
Annex IV – paragraph 5 – subparagraph 1 – point d
Annex IV – paragraph 5 – subparagraph 1 – point d
(d) the risks to human health, cultural heritage or the environment (e.g. due to accidents or disasters which are, on reasoned assessment, regarded as characteristic for the nature of the project);
Amendment 587 #
Proposal for a directive
Annex – point 2
Annex – point 2
Directive 2011/92/EU
Annex IV – paragraph 7
Annex IV – paragraph 7
7. A description of the measures envisaged to prevent, reduce and, where possible, offset any significant adverse effects on the environment referred to in point 5 and, where appropriate, of any proposed monitoring arrangements, including the preparation of a post-project analysis of the adverse effects on the environment. This description should explain the extent to which significant adverse effects are avoided, reduced or offset and should cover both the construction andphase, the operational phases and the project-specific risk of natural and man-made disasters which are, on reasoned assessment, regarded as characteristic for the nature of the project.
Amendment 588 #
Proposal for a directive
Annex – point 2
Annex – point 2
Directive 2011/92/EU
Annex IV – paragraph 8
Annex IV – paragraph 8