Activities of Kriton ARSENIS 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 (45)
Amendment 64 #
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 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 allowing 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 68 #
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 71 #
Proposal for a directive
Recital 11
Recital 11
(11) Protection and promotion of cultural heritage and landscapes, which are an integral part of the cultural diversity that the Union is committed to respect and promote in accordance with Article 167(4) of the Treaty on the Functioning of the European Union, can usefully build on definitions and principles developed in relevant Council of Europe Conventions, in particular the Convention for the Protection of the Architectural Heritage of Europe, the European Landscape Convention and, the Framework Convention on the Value of Cultural Heritage for Society and the International Recommendation concerning the Safeguarding and Contemporary Role of Historic Areas adopted in Nairobi in 1976 by UNESCO.
Amendment 72 #
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11a) Visual impact is a key criterion in environmental impact assessment in terms of the preservation of historical and cultural heritage, of natural landscapes and of urban areas; this is another factor that should be applied in assessments.
Amendment 76 #
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) With a view to strengthening public access and transparency, a central portal providing timely environmental information with regard to the implementation of this Directive electronically should be made available in each Member State.
Amendment 79 #
Proposal for a directive
Recital 12 c (new)
Recital 12 c (new)
(12c) In order to ensure the best possible preservation of historical and cultural heritage, guide criteria should be drawn up by the Commission and/or the Member States.
Amendment 81 #
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 casesthese exceptional cases after having consulted the public concerned.
Amendment 84 #
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) Article 1(4) of Directive 2011/92/EU, which lays down that the Directive does not apply to projects adopted by a specific act of national legislation, provides for an open-door derogation with limited procedural guarantees and could substantially circumvent the implementation of the Directive.
Amendment 87 #
Proposal for a directive
Recital 17
Recital 17
(17) The competent authorities should be required to determine the scope and level of detail of the environmental information to be submitted in the form of an environmental report (scoping). In order to improve the quality of the assessment, the simplification of the procedures and streamline the decision-making process, it is important to specify at Union level the categories of information on which the competent authorities should make that determination.
Amendment 109 #
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
- the execution of construction orand, if appropriate, demolition works, or of other installations or schemes, or their operation,
Amendment 111 #
Proposal for a directive
Article 1 – point 1 – point a a (new)
Article 1 – point 1 – point a a (new)
(aa) in point (a) of paragraph 2, the second indent is replaced by the following: "- other interventions in the natural surroundings and landscape including those involving the research and extraction of mineral resources;"
Amendment 117 #
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 including the consideration of reasonable alternatives, carrying out consultations (including with the public concerned and the environmental authorities), the assessment by the competent authority, taking into account the environmental report and the results of the consultations in the development consent procedure, laying down measures to monitor significant adverse environmental effects and mitigation and compensation measures as well as the provision of information on the decision in accordance with Articles 5 to 10.
Amendment 122 #
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) "Urban historical sites" are part of a wider totality, comprising the natural and the built environment and the everyday living experience of their dwellers as well. Within this wider space, enriched with values of remote or recent origin and permanently undergoing a dynamic process of successive transformations, new urban spaces may be considered as environmental evidences in their formative stages."
Amendment 123 #
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) "Visual Impact Assessment": Visual impact is defined as a change in the appearance or the views of the built or natural landscape and urban areas resulting from the development which can be positive (improvement) or negative (detraction). Visual impact Assessment also covers the demolition of constructions that are protected or those with a strategic role in the traditional image of a place or a landscape. It shall cover the evident change of geological topography and any other obstacle such as buildings or walls that limit the view of nature as well as the landscape's harmony. Visual impact is assessed largely by qualitative judgements, concerned with the human appreciation and interaction with landscape and the value this gives to a place (genius loci)."
Amendment 126 #
Proposal for a directive
Article 1 – point 1 – point b d (new)
Article 1 – point 1 – point b d (new)
Directive 2011/92/EU
Article 1 – paragraph 2 – point g d (new)
Article 1 – paragraph 2 – point g d (new)
(bd) in paragraph 2, the following definition is added: "(gd) "Simplification" means the reduction of forms and administrative procedures, the creation of joint procedures or coordination tools to make the assessments made by many authorities to be integrated. It means to establish shared criteria, to make the submission of reports shorter and to strengthen objective and scientific evaluations."
Amendment 130 #
Proposal for a directive
Article 1 – point 1 – point c
Article 1 – point 1 – point c
Directive 2011/92/EU
Article 1 – paragraph 3
Article 1 – paragraph 3
3. Member States may decide, on a case- by-case basis and if so provided under national law, not to apply this Directive to projects having as their sole purpose national defence or the response to civil emergencies, if they deem that such application would have an adverse effect on those purposes.
Amendment 132 #
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 136 #
Proposal for a directive
Article 1 – point 1 a (new)
Article 1 – point 1 a (new)
Directive 2011/92/EU
Article 2 – paragraph 1
Article 2 – paragraph 1
(1a) In Article 2, paragraph 1 is replaced by the following: "1. Member States shall adopt all measures necessary to ensure that, before consent is given, projects likely to have significant effects on the environment by virtue, inter alia, of their nature, size or location are made subject to a requirement for development consent and an assessment with regard to their effects after having consulted the public. Measures to monitor significant adverse environmental effects and mitigation and compensation measures shall be laid down, if appropriate, by the competent authority when development consent is given. Those projects are defined in Article 4."
Amendment 160 #
Proposal for a directive
Article 1 – point 2 a (new)
Article 1 – point 2 a (new)
Directive 2011/92/EU
Article 2 – paragraph 4
Article 2 – paragraph 4
(2a) In Article 2, paragraph 4 is replaced by the following: "4. Without prejudice to Article 7, Member States may, in exceptional cases, exempt, if so provided under national law, a specific project having as a sole purpose the response to civil emergencies in whole or in part from the provisions laid down in this Directive, if such application would have an adverse effect on these purposes. In this event, the Member States shall: (-a) inform and consult the public concerned; (a) consider whether another form of assessment would be appropriate; (b) make available to the public concerned the information obtained under other forms of assessment referred to in point (a), the information relating to the exemption decision and the reasons for granting it; (c) inform the Commission, prior to granting consent, of the reasons justifying the exemption granted, and provide it with the information made available, where applicable, to their own nationals. The Commission shall immediately forward the documents received to the other Member States. The Commission shall report annually to the European Parliament and to the Council on the application of this paragraph."
Amendment 170 #
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 Council; and Directive 2000/60/EC1; _______________ 1 OJ L 327, 22.12.2000, p.1.
Amendment 190 #
Proposal for a directive
Article 1 – point 4 – point -a (new)
Article 1 – point 4 – point -a (new)
Directive 2011/92/EU
Article 4 – paragraph 2
Article 4 – paragraph 2
(-a) paragraph 2 is replaced by the following: "2. Subject to Article 2(4), for projects listed in Annex II, Member States shall determine whether the project shall be made subject to an assessment in accordance with Articles 5 to 10. Member States shall make that determination after having consulted the public through: (a) a case-by-case examination; or (b) thresholds or criteria set by the Member State. Member States may decide to apply both procedures referred to in points (a) and (b)."
Amendment 211 #
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 basisafter having consulted the public concerned on the basis of an assessment 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 decision pursuant to paragraph 2 shall:
Amendment 237 #
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, 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 257 #
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) the public concerned 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:
Amendment 277 #
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) reasonable alternatives relevant to the proposed project and its specific characteristics taking into account the effects on the environment;
Amendment 289 #
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 accreditedindependent 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 are justified by new circumstances and duly explained by the competent authority.
Amendment 297 #
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 accreditedindependent and technically competent experts or
Amendment 307 #
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 accreditedindependent and technically competent experts and/or committees of known national experts.
Amendment 320 #
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 accreditedindependent 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 332 #
Proposal for a directive
Article 1 – point 5
Article 1 – point 5
Directive 2011/92/EU
Article 5 – paragraph 3 – subparagraph 3 a (new)
Article 5 – paragraph 3 – subparagraph 3 a (new)
These independent experts shall be responsible for the environmental impact assessments they conduct or supervise or on which they have issued a positive or negative opinion.
Amendment 335 #
Proposal for a directive
Article 1 – point 6 – point -a (new)
Article 1 – point 6 – point -a (new)
(-a) paragraph 2 is replaced by the following: "2. The public shall be informed through a central portal which is accessible to the public electronically in accordance with Article 7(1) of Directive 2003/4/EC, by public notices and other appropriate means such as electronic media, of the following matters early in the environmental decision-making procedures referred to in Article 2(2) and, at the latest, as soon as information can reasonably be provided: (a) the request for development consent; (b) the fact that the project is subject to an environmental impact assessment procedure and, where relevant, the fact that Article 7 applies; (c) details of the competent authorities responsible for taking the decision, those from which relevant information can be obtained, those to which comments or questions can be submitted, and details of the time schedule for transmitting comments or questions; (d) the nature of possible decisions or, where there is one, the draft decision; (e) an indication of the availability of the information gathered pursuant to Article 5; (f) an indication of the times and places where and means by which the relevant information will be made available; (g) details of the arrangements for public participation made pursuant to paragraph 5 of this Article; (ga) the fact that Article 8(2) applies and details of the revision or modification of the environmental report and the additional mitigation or compensation measures under consideration; (gb) the results of the monitoring carried out under Article 8(2)."
Amendment 336 #
Proposal for a directive
Article 1 – point 6 – point -a a (new)
Article 1 – point 6 – point -a a (new)
Directive 2011/92/EU
Article 6 – paragraph 3
Article 6 – paragraph 3
(-aa) paragraph 3 is replaced by the following: "3. Member States shall ensure that, within reasonable time-frames, the following is made available at least through a central portal which is accessible to the public electronically: (a) any information gathered pursuant to Article 5; (b) in accordance with national legislation, the main reports and advice issued to the competent authority or authorities at the time when the public concerned is informed in accordance with paragraph 2 of this Article; (c) in accordance with the provisions of Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information, information other than that referred to in paragraph 2 of this Article which is relevant for the decision in accordance with Article 8 of this Directive and which only becomes available after the time the public concerned was informed in accordance with paragraph 2 of this Article."
Amendment 339 #
Proposal for a directive
Article 1 – point 6 – point -a b (new)
Article 1 – point 6 – point -a b (new)
Directive 2011/92/EU
Article 6 – paragraph 4
Article 6 – paragraph 4
(-ab) paragraph 4 is replaced by the following: "4. The public concerned shall be given early and effective opportunities to participate in the environmental decision-making procedures referred to in Article 2(2), Article 4(1) and (5) and Article 5(2) and shall, for that purpose, be entitled to express comments and opinions when all options are open to the competent authority or authorities before any decision [...] is taken."
Amendment 340 #
Proposal for a directive
Article 1 – point 6 – point -a c (new)
Article 1 – point 6 – point -a c (new)
Directive 2011/92/EU
Article 6 – paragraph 5
Article 6 – paragraph 5
(-ac) paragraph 5 is replaced by the following: "5. The detailed arrangements for informing the public (for example by bill posting within a certain radius or publication in local newspapers) and for consulting the public concerned (for example by written submissions or by way of a public inquiry) shall be determined by the Member States. Member States shall take the necessary measures to ensure that the relevant information is provided through a central portal which is accessible to the public electronically in accordance with Article 7(1) of Directive 2003/4/EC."
Amendment 362 #
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 light of the otherassessment of other reasonable alternatives considered, including the likely evolution of the existing state of the environment without implementation of the project (baseline scenario);
Amendment 374 #
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, as early as possible and in close cooperation with the authorities referred to in Article 6(1) and the developer, shall consider whether consent is refused or 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.
Amendment 381 #
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 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. Where monitoring indicates that mitigation or compensation measures are not sufficient or unforeseen significant adverse environmental effects are observed, the competent authority shall lay down corrective mitigation or compensation measures.
Amendment 408 #
Proposal for a directive
Article 1 – point 8
Article 1 – point 8
Directive 2011/92/EU
Article 8 – paragraph 4
Article 8 – paragraph 4
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. The development consent is given under the condition that corrective mitigation or compensation measures of paragraph 2 may be implemented by the developer.
Amendment 469 #
Proposal for a directive
Annex – point -1 (new)
Annex – point -1 (new)
Directive 2011/92/EU
Annex II – paragraph 2 – point c
Annex II – paragraph 2 – point c
(-1) In Annex II, point (c) of paragraph 2 is replaced by the following: "(c) Research and exploration of minerals and extraction of minerals by marine or fluvial dredging;"
Amendment 480 #
Proposal for a directive
Annex – point 1
Annex – point 1
Directive 2011/92/EU
Annex II.A – paragraph 1 – point a
Annex II.A – paragraph 1 – point a
(a) a description of the physical characteristics of the whole project, including, where relevant, its subsurface and underground, during the construction and operational phases, including demolition;
Amendment 531 #
Proposal for a directive
Annex – point 2
Annex – point 2
Directive 2011/92/EU
Annex III – paragraph 2 – point c – point viii a (new)
Annex III – paragraph 2 – point c – point viii a (new)
(viiia) areas or places protected by national or regional legislation.
Amendment 532 #
Proposal for a directive
Annex – point 2
Annex – point 2
Directive 2011/92/EU
Annex III – paragraph 2 – point c – point viii b (new)
Annex III – paragraph 2 – point c – point viii b (new)
(viiib) seismic areas or those with a high risk of natural catastrophe.
Amendment 544 #
Proposal for a directive
Annex – point 2
Annex – point 2
Directive 2011/92/EU
Annex III – paragraph 3 b (new)
Annex III – paragraph 3 b (new)
3b. SECTOR-SPECIFIC CRITERIA GUIDES Criteria guides on environmental impact assessments shall be drawn up for the various sectors of economic activity if the Commission or the Member States consider this appropriate. The aim will be to simplify procedures and increase legal certainty in respect of environmental impact assessments, and to avoid differing implementation by different competent authorities. Environmental impact assessments relating to historical and cultural heritage and to the countryside will be conducted on the basis of criteria set out in a guide indicating the factors that must be respected.
Amendment 545 #
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, and the water use and land-use requirements during the construction and, operational and demolition phases;
Amendment 548 #
Proposal for a directive
Annex – point 2
Annex – point 2
Directive 2011/92/EU
Annex IV – paragraph 1 – point a a (new)
Annex IV – paragraph 1 – point a a (new)
(aa) a description of the energy costs, the costs of recycling waste caused by demolition, the consumption of additional natural resources when a demolition project is undertaken.