25 Amendments of Jolanta Emilia HIBNER related to 2012/0297(COD)
Amendment 157 #
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
Member States shall appoint one authority, which shall be responsible for facilitating the development consenvironmental impact assessment procedure for each project."
Amendment 175 #
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 197 #
Proposal for a directive
Article 1 – point 4 – point a
Article 1 – point 4 – point a
Directive 2011/92/UE
Article 4 – paragraph 3
Article 4 – paragraph 3
3. For projects listed in Annex II, for which a case-by-case examination is required in accordance with Member State law or which meet the thresholds or criteria laid down in connection with paragraph 2, the developer shall 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 210 #
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
Amendment 220 #
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 further 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 expectedor other decision issued for the purpose of fulfilling the requirements of this directive and provided that the developer has submitted all the requisite information.
Amendment 315 #
Proposal for a directive
Article 1 – point 5
Article 1 – point 5
Directive 2011/92/EU
Article 5 – paragraph 3 – subparagraph 1 – point b a (new)
Article 5 – paragraph 3 – subparagraph 1 – point b a (new)
(ba) the competent authority shall ensure that the report on the project’s environmental impact is verified by the environmental protection authority;
Amendment 356 #
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 3together with a summary of the comments received pursuant to Articles 6 and 7 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 364 #
Proposal for a directive
Article 1 – point 8
Article 1 – point 8
Directive 2011/92/EU
Article 8 – paragraph 1 – point c
Article 8 – paragraph 1 – point c
Amendment 368 #
Proposal for a directive
Article 1 – point 8
Article 1 – point 8
Directive 2011/92/EU
Article 8 – paragraph 1 – point d a (new)
Article 8 – paragraph 1 – point d a (new)
(da) The above-mentioned conditions shall be deemed to be satisfied where the Member States, in accordance with Article 2(2), establish, for the purposes of this Directive, a separate procedure for meeting the requirements laid down herein, and the decision issued following the environmental assessment contains the information referred to in points (a) to (d) and appropriate rules are laid down for fulfilment of the condition defined in paragraph 4.
Amendment 382 #
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 or issues another decision for the purpose of fulfilling the requirements of this directive, it shall 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 394 #
Proposal for a directive
Article 1 – point 8
Article 1 – point 8
Directive 2011/92/EU
Article 8 – paragraph 3 – subparagraph 1
Article 8 – paragraph 3 – subparagraph 1
3. When all necessary information gathered pursuant to Articles 5, 6 and 7 has been provided to the competent authority, including, where relevant, specific assessments required under other Union legislation, and the consultations referred to in Articles 6 and 7 have been completed, the competent authority shall conclude its environmental impact assessment of the project within threewo months.
Amendment 401 #
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 further 3one 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 409 #
Proposal for a directive
Article 1 – point 8
Article 1 – point 8
4. Before a decision to grant or refuse development consent is taken, the competent authority shall verify whether the information in the environmental report referred to in Article 5(1) is up to date, in particular concerning the measures envisaged to prevent, reduce and, where possible, offset any significant adverse effects. If the information contained in the report is out of date, the competent authority shall call on the developer to supplement the report.
Amendment 413 #
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, or other decision issued for the purpose of fulfilling the requirements of this directive, has been taken, the competent authority or authorities shall inform the public and the authorities referred to in Article 6(1) thereof, in accordance with the appropriate procedures, and shall make available to the public the following information:
Amendment 421 #
Proposal for a directive
Article 1 – point 9 – point b
Article 1 – point 9 – point b
Directive 2011/92/EU
Article 9 – paragraph 3
Article 9 – paragraph 3
Amendment 439 #
Proposal for a directive
Article 1 – point 11
Article 1 – point 11
Directive 2011/92/EU
Articles 12a and 12b
Articles 12a and 12b
Amendment 461 #
Proposal for a directive
Annex – point -1 (new)
Annex – point -1 (new)
Directive 2011/92/EU
Annex I – point 14
Annex I – point 14
(-1) In Annex I, point 14 shall be replaced by the following: "14. Extraction of petroleum and natural gas for commercial purposes, whether extracted from gas-bearing strata of shale or in other sedimentary rock and where the amount extracted exceeds 500 tonnes/day in the case of petroleum and 500 000 cubic metres/day in the case of gas."
Amendment 471 #
Proposal for a directive
Annex – point -1 (new)
Annex – point -1 (new)
Directive 2011/92/EU
Annex II – paragraph 2 – point d – point iii a (new
Annex II – paragraph 2 – point d – point iii a (new
(-1) In Annex II, paragraph 2, point d, the following point iiia shall be inserted: "(iiia) drilling for exploration and extraction of crude oil and/or natural gas trapped in gas- bearing strata of shale or in other sedimentary rock formations regardless of the amount explored or extracted;"
Amendment 473 #
Proposal for a directive
Annex – point -1 a (new)
Annex – point -1 a (new)
Directive 2011/92/EU
Annex II – paragraph 2 – point d – point iii b (new)
Annex II – paragraph 2 – point d – point iii b (new)
(-1a) In Annex II, paragraph 2, point d, the following point iiib shall be inserted: "(iiib) exploration and extraction of natural gas from coal beds, regardless of the amount extracted;"
Amendment 475 #
Proposal for a directive
Annex – point -1 b (new)
Annex – point -1 b (new)
Directive 2011/92/EU
Annex II – paragraph 2 – point e
Annex II – paragraph 2 – point e
(-1b) In Annex II, point e of paragraph 2 shall be replaced by the following: "(e) Surface industrial installations for the exploration and extraction of coal, petroleum, natural gas and ores, as well as bituminous shale, crude oil and/or natural gas trapped in gas-bearing strata of shale or in other sedimentary rock formations and natural gas from coal beds regardless of the amount explored or extracted."
Amendment 488 #
Proposal for a directive
Annex – point 1
Annex – point 1
Directive 2011/92/EU
Annex II.A – paragraph 3 – point b
Annex II.A – paragraph 3 – point b
(b) the use of natural resources, in particular soil, land, water, and biodiversity, including hydromorphological changes.
Amendment 495 #
Proposal for a directive
Annex – point 2
Annex – point 2
Directive 2011/92/EU
Annex III – paragraph 1 – point c
Annex III – paragraph 1 – point c
(c) the use of natural resources, in particular land, soil, water, and biodiversity, including hydromorphological changes;.
Amendment 503 #
Proposal for a directive 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;
Amendment 510 #
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
(g) impacts of the project on climate change (in terms of greenhouse gas emissions including from land use, land- use change and forestry), contribution of the project to an improved resilience, and the impacts of climate change on the project (e.g. if the project is coherent with a changing climate);
Amendment 568 #
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 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 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.