Activities of Sandrine BÉLIER related to 2012/0297(COD)
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council amending Directive 2011/92/EU of the assessment of the effects of certain public and private projects on the environment PDF (642 KB) DOC (1 MB)
Amendments (27)
Amendment 65 #
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) In order to guarantee harmonised application and equal protection of the environment across the Union, the Commission should in its role as the guardian of the Treaties ensure qualitative as well as procedural compliance with the provisions of Directive 2011/92/EU, including those on public consultation and participation.
Amendment 80 #
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 casesexceptionally to projects having as their sole purpose the response to civil emergencies, subject to appropriate information being supplied to the Commission and the public concerned.
Amendment 114 #
Proposal for a directive
Article 1 – point 1 – point a a (new)
Article 1 – point 1 – point a a (new)
Directive 2011/92/EU
Article 1 – paragraph 2 – point c
Article 1 – paragraph 2 – point c
(aa) point (c) of paragraph 2 is replaced by the following: "(c) "development consent" means the decision of the competent authority or authorities which entitles the developer to start with the project."
Amendment 128 #
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) "independent" means capable of the exercise of technical or scientific objectivity, free of direction or influence by the developer, the competent authority or the national, regional or local government."
Amendment 133 #
Proposal for a directive
Article 1 – point 1 – point c
Article 1 – point 1 – point c
Directive 2011/92/EU
Article 1 – paragraph 4
Article 1 – paragraph 4
Amendment 139 #
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 shallmay be subject to coordinated or joint procedures fulfilling the requirements of the relevant Union legislation.
Amendment 146 #
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 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 162 #
Proposal for a directive
Article 1 – point 2 a (new)
Article 1 – point 2 a (new)
Directive 2011/92/EU
Article 2 – paragraph 4 – subparagraph 1
Article 2 – paragraph 4 – subparagraph 1
(2a) In Article 2, the first subparagraph of paragraph 4 is replaced by the following: "4. Without prejudice to Article 7, Member States may, in exceptional cases and only after consultation with the public, exempt a specific project in whole or in part from the provisions laid down in this Directive."
Amendment 165 #
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 2011/92/EU
Article 3 – introductory part
Article 3 – introductory part
The environmental impact assessment shall identify, describe and assess in an appropriate manner, in the light of each individual case and the baseline environmental conditions, and in accordance with Articles 4 to 11, the direct and indirect significant effects of a project on the following factors:
Amendment 176 #
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, subsoil, water, air, climate and climate change and natural resources;
Amendment 191 #
Proposal for a directive
Article 1 – point 4 – point -a (new)
Article 1 – point 4 – point -a (new)
(-a) in paragraph 2, the second subparagraph is replaced by the following: "Member States may decide to apply both procedures referred to the points (a) and (b). Where point (b) applies, the Member States shall ensure that the public is consulted in setting thresholds or criteria."
Amendment 213 #
Proposal for a directive
Article 1 – point 4 – point b
Article 1 – point 4 – point b
Directive 2011/92/EU
Article 4 – paragraph 5 – introductory part
Article 4 – paragraph 5 – introductory part
5. The competent authority shall make its decision pursuant to paragraph 2, on the basis of the information provided by the developer and taking into account, where relevant, the results of studies, preliminary verifications or assessments of the effects on the environment arising from other Union legislation. The competent authority may determine that a project listed in Annex II shall not be made subject to an assessment in accordance with Articles 5 to 10 only where the absence of likely significant effects of the project on the environment is substantiated. The decision pursuant to paragraph 2 shall:
Amendment 258 #
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 and the public concerned, 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:
Amendment 274 #
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) reasonablealternatives, including the baseline or non-implementation alternatives, relevant to the proposed project and its specific characteristics, taking into account the environmental effects;
Amendment 292 #
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 independent experts referred to in paragraph 3 of this Article. Subsequent requests to the developer for additional information may only be made if these arewhen justified by new circumstances and duly explained by the competent authority.
Amendment 304 #
Proposal for a directive
Article 1 – point 5
Article 1 – point 5
Directive 2011/92/EU
Article 5 – paragraph 3 – subparagraph 1 – point a
Article 5 – paragraph 3 – subparagraph 1 – point a
(a) the developer shall ensure that the environmental report is prepared by accredited and technically competent independent experts or
Amendment 314 #
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 independent experts and/or committees of national experts.
Amendment 330 #
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 independent experts (for example qualifications required, assignment of evaluation, licensing, and disqualification), shall be determined by the Member States.
Amendment 352 #
Proposal for a directive
Article 1 – point 8
Article 1 – point 8
Directive 2011/92/EU
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
1. The results of consultations and the information gathered pursuant to Articles 5, 6 and 7 shall be taken into considerationgiven due account and assessed in detail in the development consent procedure. Tto this end, the decision to grant development consent shall contain the following information:
Amendment 386 #
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
The type of parameters to be monitored and the duration of the monitoring shall be proportionate to the nature, location and size of the proposed project and the significance of its environmental effects. The results of the monitoring shall be notified to the competent authority and made available to the public in an easily accessible, open format.
Amendment 412 #
Proposal for a directive
Article 1 – point 9 – point a
Article 1 – point 9 – point a
Directive 2011/92/EU
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. When a decision to grant or refuse development consent has been taken, the competent authority or authorities shall inform the public and the authorities referred to in Article 6(1) thereof, as soon as possible in accordance with the appropriate procedures, and at the latest within 10 working days. The competent authority or authorities shall make available to the public the following information:
Amendment 420 #
Proposal for a directive
Article 1 – point 9 – point a
Article 1 – point 9 – point a
Directive 2011/92/EU
Article 9 – paragraph 1 – point d a (new)
Article 9 – paragraph 1 – point d a (new)
(da) the right for the public concerned to initiate legal proceedings pursuant to Article 11.
Amendment 424 #
Proposal for a directive
Article 1 – point 9 a (new)
Article 1 – point 9 a (new)
Directive 2011/92/EU
Article 11 – paragraph 2
Article 11 – paragraph 2
(9a) In Article 11, paragraph 2 is replaced by the following: "2. Member States shall determine at what stage the decisions, acts or omissions may be challenged, providing the possibility to challenge the substantive and procedural legality of decisions, acts or omissions in accordance with paragraph 1, including the use of interim measures to ensure the project does not start before the review process is completed."
Amendment 426 #
Proposal for a directive
Article 1 – point 9 b (new)
Article 1 – point 9 b (new)
Directive 2011/92/EU
Article 11 – paragraph 4 – subparagraph 2
Article 11 – paragraph 4 – subparagraph 2
(9b) In Article 11, the second subparagraph of paragraph 4 is replaced by the following: "Any such procedure shall be adequate and effective, allow for applications for injunctive relief, and be fair, equitable, timely and not prohibitively expensive."
Amendment 464 #
Proposal for a directive
Annex – point -1 (new)
Annex – point -1 (new)
Directive 2011/92/EU
Annex I – point 14 a (new)
Annex I – point 14 a (new)
(-1) In Annex I, the following point 14a shall be inserted: "14a. The use of hydraulic fracturing for the purpose of the exploration and production of oil and/or natural gas regardless of the amount extracted."
Amendment 468 #
Proposal for a directive
Annex – point -1 a (new)
Annex – point -1 a (new)
Directive 2011/92/EU
Annex II – paragraph 1 – point f a (new)
Annex II – paragraph 1 – point f a (new)
(-1 a) In Annex II, the following point fa shall be inserted in paragraph 1: "(fa) Wild capture fishing activities;"
Amendment 585 #
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, as a priority, to prevent, to reduce and, where possible,as last resort, to 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 reduced or offset and should cover both the construction and operational phases.