Progress: Procedure completed
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | ENVI | ZANONI Andrea ( ALDE) | GUTIÉRREZ-CORTINES Cristina ( PPE), ARSENIS Kriton ( S&D), BÉLIER Sandrine ( Verts/ALE), STEVENSON Struan ( ECR), CYMAŃSKI Tadeusz ( EFD) |
Committee Opinion | PETI | Victor BOŞTINARU ( S&D) | |
Committee Opinion | CULT | ||
Committee Opinion | REGI | ||
Committee Opinion | LIBE | ||
Committee Opinion | TRAN | CUSCHIERI Joseph ( S&D) | Michael CRAMER ( Verts/ALE), Jacqueline FOSTER ( ECR), Gesine MEISSNER ( ALDE) |
Lead committee dossier:
Legal Basis:
TFEU 192-p1
Legal Basis:
TFEU 192-p1Subjects
- 1.20.03 Right of petition
- 1.20.05 Public access to information and documents, administrative practice
- 2.80 Cooperation between administrations
- 3.70.01 Protection of natural resources: fauna, flora, nature, wildlife, countryside; biodiversity
- 3.70.02 Atmospheric pollution, motor vehicle pollution
- 3.70.03 Climate policy, climate change, ozone layer
- 3.70.04 Water control and management, pollution of waterways, water pollution
- 3.70.05 Marine and coastal pollution, pollution from ships, oil pollution
- 3.70.06 Soil pollution, deterioration
- 3.70.08 Radioactive pollution
- 3.70.09 Transfrontier pollution
- 3.70.10 Man-made disasters, industrial pollution and accidents
- 4.20 Public health
- 4.70.05 Regional cooperation, cross-border cooperation
- 8.50.01 Implementation of EU law
Events
PURPOSE: to ensure a high level of protection of the environment and human health through establishing common minimum requirements on the assessment of the effects of certain public and private projects on the environment (EIA).
LEGISLATIVE ACT: Directive 2014/52/EU of the European Parliament and of the Council amending Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment.
CONTENT: this Directive amends Directive 2011/92/EU in order to: (i) strengthen the quality of the environmental impact assessment procedure ; (ii) align that procedure with the principles of smart regulation; and (iii) 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.
The amendments adapt the Directive to the policy, legal and technical contexts , which have evolved considerably in the last decade.
Assessment of impact : the Directive clarifies that before development consent is given , projects likely to have significant effects on the environment must be made subject to a requirement for development consent and an assessment with regard to their effects on the environment.
The environmental impact assessment (EIA) is defined as a process consisting of :
· the preparation of an environmental impact assessment report by the developer;
· the carrying out of consultations with authorities likely to be concerned by the project;
· the examination by the competent authority of the information presented in the environmental impact assessment report and any supplementary information provided, where necessary, by the developer, and any relevant information received through the consultations;
· the reasoned conclusion by the competent authority on the significant effects of the project on the environment; and
· the integration of the competent authority's reasoned conclusion into decision on development consent.
Member States may decide, on a case-by-case basis, not to apply this Directive to projects, or parts of projects, having defence as their sole purpose.
Factors to be taken into account : over the last decade, environmental issues, such as resource efficiency and sustainability, biodiversity protection, climate change, and risks of accidents and disasters, have become more important in policy making.
Accordingly, the directive provides that the EIA shall identify, describe and assess , in the light of each individual case, the direct and indirect significant effects of a project on the following factors:
· population and human health;
· biodiversity, with particular attention to species and habitats protected under Directive 92/43/EEC and Directive 2009/147/EC;
· land, soil, water, air and climate;
· material assets, cultural heritage and the landscape.
The effects include the expected effects deriving from the vulnerability of the project to risks of major accidents and/or disasters that are relevant to the project concerned.
Consultation of interested parties : Member States must take measures to:
· ensure that the authorities likely to be concerned by the project are given an opportunity to express their opinion on the information supplied by the developer and on the request for development consent;
· see that the public is informed through at least a central portal or easily accessible points of access, at the appropriate administrative level.
Conflicts of interest : in accordance with the wishes of the European Parliament, the Directive establishes clear standards to put an end to conflicts of interest.
Thus, where the competent authority is also the developer, Member States shall at least implement, within their organisation of administrative competences, an appropriate separation between conflicting functions when performing the duties arising from the Directive.
Penalties: the Directive requires Member States to lay down rules on penalties applicable to infringements of the national provisions adopted pursuant to the Directive.
ENTRY INTO FORCE: 15/05/2014.
The European Parliament adopted by 528 votes to 35 votes with 15 abstentions, 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.
The matter had been sent back to the competent committee by the plenary session of 9 October 2013. Parliament adopted its position at first reading following the ordinary legislative procedure. The amendments adopted in plenary are the result of an agreement negotiated between the European Parliament and the Council.
Assessment of effects : it is clarified that Member States shall adopt all measures necessary to ensure that, before development 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 on the environment.
The environmental impact assessment means a process consisting of :
· the preparation of an environmental impact assessment report by the developer;
· the carrying out of consultations with the authorities likely to be affected by the project;
· the examination by the competent authority of the information presented in the environmental impact assessment report and any supplementary information provided, where necessary, by the developer and any relevant information received through the consultations
· the reasoned conclusion by the competent authority on the significant effects of the project on the environment, taking into account the results of the examination and, where appropriate, its own supplementary examination; and
· the integration of the competent authority's reasoned conclusion into any of the decisions on givinig autorisation.
Member States may decide, on a case-by-case basis, not to apply this Directive to projects , or parts of projects, having defence as their sole purpose.
Factors to take into account : taking into account the direct and indirect significant effects of a project on the following factors: a) population and human health ; b) biodiversity, with particular attention to protected species and habitats; land, soil, water, air and climate (for example, gas emissions); d) material assets, cultural heritage and the landscape.
The effects referred to shall include the expected effects deriving from the vulnerability of the project to risks of major accidents and/or disasters that are relevant to the project concerned.
Evaluation report : where an environmental impact assessment is required , the developer shall prepare and submit an environmental impact assessment report . The information to be provided by the developer shall include:
· a description of the project comprising information on the site, design, size and other relevant features of the project;
· a description of the likely significant effects of the project on the environment;
· a description of the features of the project and/or measures envisaged in order to avoid, prevent or reduce and, if possible, offset likely significant adverse effects on the environment;
· a description of the reasonable alternatives studied by the developer, which are relevant to the project and its specific characteristics, and an indication of the main reasons for the option chosen, taking into account the effects of the project on the environment.
Where requested by the developer, the competent authority, taking into account the information provided by the developer, shall issue an opinion on the scope and level of detail of the information to be included by the developer in the environmental impact assessment report. Member States may also require the competent authorities to give an opinion, irrespective of whether the developer so requests.
Consultation of the authorities and public consultation : the authorities likely to be concerned by the project by reason of their specific environmental responsibilities or local and regional competences shall be given an opportunity to express their opinion on the information supplied by the developer and on the request for development consent.
In order to strengthen transparency , the relevant environmental information shall be electronically accessible to the public, through at least a central portal or easily accessible points of access, at the appropriate administrative level.
Decision to grant development consent : this shall include: a) the reasoned conclusion of the competent authority on the effects of the project on the environment; b) any environmental conditions attached to the decision, a description of any features of the project and/or measures envisaged to avoid, prevent or reduce and, if possible, offset significant adverse effects on the environment as well as, where appropriate, monitoring measures.
The decision to refuse development consent shall state the main reasons for the refusal.
Conflicts of interest : Parliament proposed specific standards to put an end to the phenomenon of conflict of interests.
In cases where the competent authority is also the developer, Member States should at least implement, within their organisation of administrative competences, an appropriate separation between conflicting functions of those authorities performing the duties arising from the directive.
Penalties : Member States should lay down rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive. The penalties thus provided for should be effective, proportionate and dissuasive.
The European Parliament adopted amendments (339 votes to 293 with 28 abstentions) to 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.
The matter had been sent back to the competent committee for re-consideration. The vote was put back to a later session.
The main amendments adopted in plenary were as follows:
Projects: Parliament specified that projects within the meaning of the directive meant interventions in the natural surroundings and landscape including those involving the research and extraction of mineral resources.
The definition of ’development consent' was clarified to state that it means the decision of the competent authority or authorities that entitles the developer to start the project.
Shale gas: Members proposed to include in the list of made subject to environmental impact assessment exploration and hydraulic fracturing extraction activities for non-conventional hydrocarbons (shale gas and oil, ‘tight gas, ’coal bed methane‘), regardless of the amount extracted.
Conflict of interest : in the light of experience acquired in certain Member States, Parliament proposed to insert specific to avoid the conflict of interest that can arise between the developer of a project that is subject to environmental impact assessment and the competent authorities. In particular, the competent authorities should not also be the developer nor in any way be dependent on, linked to or subordinate to the developer.
Checking reports : the amendments proposed aim to ensure that the persons who check the environmental reports have, due to their qualifications and experience, the necessary technical expertise to carry out the tasks set out in Directive 2011/92/EU in a scientifically objective manner and in total independence from the developer and the competent authorities themselves.
Public participation : Members adopted amendments to ensure that the public would be informed and consulted. The public should have the contact information of and easy and quick access to the authority or authorities responsible for performing the duties arising from the directive. Due attention must be paid to the comments made and opinions expressed by the public.
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.
Cross-border projects : Member States and neighbouring countries involved shall take all measures necessary to ensure that respective competent authorities cooperate in order to provide jointly for one integrated and coherent cross-border environmental impact assessment from an early planning stage.
In the case of projects that could 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.
Penalties: Member States will lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to the directive. The penalties provided for must be effective, proportionate and dissuasive.
The Committee on the Environment, Public Health and Food Safety adopted the report by Andrea ZANONI (ADLE, IT) 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.
The committee recommends that Parliament’s position adopted in first reading following the ordinary legislative procedure should amend the Commission proposal as follows:
Projects: the report states that ‘projects’ must include: (1) the execution of construction works, or of other installations or schemes, including demolition works directly linked to the execution of construction works; (2) other interventions in the natural surroundings and landscape including those involving the research and extraction of mineral resources.
Conflicts of interest : Members consider that experience acquired in a number of Member States has shown that specific rules need to be introduced to put an end to the issue of conflicts of interest, in order to ensure that the aim of the environmental impact assessment procedure is effectively achieved. Accordingly, the competent authorities charged with carrying out assessments must not, under any circumstances, overlap with developers nor be dependent on or subordinate to them.
Drafting and verification of reports : an amendment states that environmental reports must be prepared by qualified and technically competent experts and/or committees of national experts whose names shall be made public.
The experts must provide appropriate guarantees of competence and impartiality when verifying environmental reports. These experts shall be responsible for the environmental impact assessments they conduct or supervise or on which they have issued a positive or negative opinion.
Public participation : the public shall have the right to request an environmental impact assessment of a given project considered to be a matter of concern, to that end employing active participation arrangements involving residents, local authorities, or NGOs in particular. The report adds new clauses regarding access to information on revision or amendment of an environmental impact report as well as on measures regarding mitigation or compensation.
With a view to strengthening access and transparency, a central portal providing timely environmental information electronically should be made available in each Member State .
Cross-border projects : Member States and neighbouring countries involved shall take all measures necessary to ensure that respective competent authorities cooperate in order to provide jointly for one integrated and coherent cross-border environmental impact assessment from an early planning stage, in accordance with applicable legislation on Union co-funding.
Monitoring and measures on mitigation and compensation : the amended text specifies that Member States shall take the necessary measures to provide that projects are constructed and operated in accordance with the following principles :
· all appropriate preventive measures are taken against pollution and no significant pollution is caused;
· the best available techniques are applied and natural resources and energy are used efficiently;
· waste generation is prevented and, where waste is generated, it is prepared for re-use, recycled, recovered;
· the necessary measures are taken to prevent accidents and limit their consequences;
· the necessary measures are taken upon definitive cessation of activities to avoid any risk of pollution and return the site of operation to a satisfactory state.
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 in accordance with the relevant legislation.
Penalties : based on experience, to ensure the harmonised and effective application of the Directive, the legal systems of Member States need to provide for effective and dissuasive penalties where national provisions are infringed, in particular with regard to cases of conflict of interest or corruption.
Shale gas: the report proposes to include the exploration, evaluation and extraction of crude oil and/or natural gas trapped in gas-bearing strata of shale in Annex I of the directive regarding projects that must be made subject to an assessment.
The Council held a public policy debate on proposed changes to the Environmental Impact Assessment (EIA) Directive (Directive 2011/92/EU). The outcome of discussions will provide guidance for further work on this proposal.
Ministers focused on three questions prepared by the Presidency:
1. Do Member States agree with the proposal to introduce an obligation for a joint or coordinated assessment of a project under one competent authority in all cases , where the obligation to assess its effects on the environment arises from various Union legislative instruments?
2. Do Member States consider that the s coping of the environmental impact assessment by the competent authority should be mandatory in all cases as foreseen in Article 5 of the proposal?
3. Do Member States think that the proposal for a system of accredited experts entitled to draw up an environmental report is necessary to ensure the quality such reports?
During the debate, general agreement was expressed on the objective to review the Directive in order to simplify the EIA procedures and to improve their quality. However, considerable concerns were raised with regard to the type of measures proposed by the Commission to achieve this aim.
Ministers expressed concerns on the compatibility of the proposed provisions with the different environmental assessment systems in Member States. In particular, Member States pointed out the risk of increased administrative burden and additional costs. Many delegations considered it not to be appropriate to establish a very prescriptive system at EU level. Most delegations were in favour of flexibility left to Member States to cater for specific situations and to adapt to the existing provisions.
The Commission indicated that some change to the current systems was inevitable to improve the EIA processes for the benefit of the users and the environment. It also showed its openness to Member States' concrete suggestions to make progress on the proposal.
The vote in the European Parliament’s Committee on the Environment, Public Health and Food Safety is scheduled for July 2013.
PURPOSE: to ensure a high level of protection of the environment and human health through establishing common minimum requirements on the assessment of the effects of certain public and private projects on the environment (EIA).
PROPOSED ACT: Directive of the European Parliament and of the Council.
BACKGROUND: Directive 2011/92/EU (which codifies Directive 85/337/EEC and its three subsequent amendments) contains a legal requirement to carry out an environmental impact assessment (EIA) of public or private projects likely to have significant effects on the environment, prior to their authorisation. The Directive has become a key instrument of environmental integration and has also brought environmental and socio-economic benefits.
The mid-term review of the 6th Environment Action Programme and the latest Commission report published in 2009 on the application and efficacy of the EIA Directive (Directive 85/337/EEC) stressed the need for improving the assessment of environmental impacts and to adapt the Directive to the policy, legal and technical context which has evolved considerably.
The general objective of the proposal is to adjust the provisions of the codified EIA Directive (Directive 2011/92/EU), so as to correct shortcomings, reflect ongoing environmental and socio-economic changes and challenges, and align with the principles of smart regulation. The revision of the EIA Directive subscribes to the Europe 2020 strategy, in particular the priority of sustainable growth.
IMPACT ASSESSMENT: the impact assessment, which is submitted with the proposal, identified shortcomings in the current EIA legislation that lead to unsatisfactory implementation and socio-economic costs in the implementation of the Directive. The shortcomings of the Directive can be grouped into three specific problem areas: (1) the screening procedure, (2) the quality and analysis of the EIA and (3) the risks of inconsistencies within the EIA process itself and in relation to other legislation.
The IA assessed a number of policy options with the aim of identifying cost-effective measures to address these problems.
Nine of the twelve amendments analysed are expected to provide significant environmental and socio-economic benefits without additional administrative costs; moderate savings are also expected.
· Two amendments (assessment of alternatives and monitoring) are expected to provide high environmental and socio-economic benefits at moderate costs for developers and with limited or negligible costs for public authorities.
· One amendment (adaptation of the EIA to new challenges) is expected to provide high benefits at moderate to high costs for developers and public authorities.
In the long term, the significant environmental and socio-economic benefits and the moderate savings associated with the proposed amendments are likely to exceed the administrative costs.
LEGAL BASIS: Article 192(1) of the Treaty on the Functioning of the European Union.
CONTENT: the proposal for the amendment of Directive 2011/92/EU aims to : (i) strengthen the provisions concerning the quality of the EIA with the aim of achieving a high level of environmental protection; (ii) enhance policy coherence and synergies with other EU law instruments and (iii) simplify procedures, with a view to reducing unnecessary administrative burdens. The main amendments are as follows:
· Initial screening: it is proposed to clarify the screening procedure , by modifying the criteria of Annex III and specifying the content and justification of screening decisions. These amendments would ensure that EIAs are carried out only for projects that would have significant environmental effects, avoiding unnecessary administrative burden for small-scale projects.
· Quality and analysis of the EIA : it is proposed to: (i) introduce amendments to reinforce the quality of the process (i.e. mandatory scoping and quality control of EIA information), (ii) specify the content of the EIA report (mandatory assessment of reasonable alternatives, justification of final decisions, mandatory post-EIA monitoring of significant adverse effects) and (iii) adapt the EIA to challenges (i.e. biodiversity, climate change, disaster risks, availability of natural resources).
· Risk of inconsistencies : it is proposed to: (i) specify the time-frames for the main stages required by the Directive (public consultation, screening decision, final EIA decision) and (ii) introduce a mechanism, a kind of EIA one-stop shop to ensure coordination or joint operation of the EIA with the environmental assessments required under other relevant EU legislation, e.g. Directives 2010/75/EU, 92/43/EEC, 2001/42/EC.
BUDGETARY IMPLICATIONS: the proposal has no implications for the EU budget.
DELEGATED ACTS: the proposal contains provisions empowering the Commission to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union.
PURPOSE: to ensure a high level of protection of the environment and human health through establishing common minimum requirements on the assessment of the effects of certain public and private projects on the environment (EIA).
PROPOSED ACT: Directive of the European Parliament and of the Council.
BACKGROUND: Directive 2011/92/EU (which codifies Directive 85/337/EEC and its three subsequent amendments) contains a legal requirement to carry out an environmental impact assessment (EIA) of public or private projects likely to have significant effects on the environment, prior to their authorisation. The Directive has become a key instrument of environmental integration and has also brought environmental and socio-economic benefits.
The mid-term review of the 6th Environment Action Programme and the latest Commission report published in 2009 on the application and efficacy of the EIA Directive (Directive 85/337/EEC) stressed the need for improving the assessment of environmental impacts and to adapt the Directive to the policy, legal and technical context which has evolved considerably.
The general objective of the proposal is to adjust the provisions of the codified EIA Directive (Directive 2011/92/EU), so as to correct shortcomings, reflect ongoing environmental and socio-economic changes and challenges, and align with the principles of smart regulation. The revision of the EIA Directive subscribes to the Europe 2020 strategy, in particular the priority of sustainable growth.
IMPACT ASSESSMENT: the impact assessment, which is submitted with the proposal, identified shortcomings in the current EIA legislation that lead to unsatisfactory implementation and socio-economic costs in the implementation of the Directive. The shortcomings of the Directive can be grouped into three specific problem areas: (1) the screening procedure, (2) the quality and analysis of the EIA and (3) the risks of inconsistencies within the EIA process itself and in relation to other legislation.
The IA assessed a number of policy options with the aim of identifying cost-effective measures to address these problems.
Nine of the twelve amendments analysed are expected to provide significant environmental and socio-economic benefits without additional administrative costs; moderate savings are also expected.
· Two amendments (assessment of alternatives and monitoring) are expected to provide high environmental and socio-economic benefits at moderate costs for developers and with limited or negligible costs for public authorities.
· One amendment (adaptation of the EIA to new challenges) is expected to provide high benefits at moderate to high costs for developers and public authorities.
In the long term, the significant environmental and socio-economic benefits and the moderate savings associated with the proposed amendments are likely to exceed the administrative costs.
LEGAL BASIS: Article 192(1) of the Treaty on the Functioning of the European Union.
CONTENT: the proposal for the amendment of Directive 2011/92/EU aims to : (i) strengthen the provisions concerning the quality of the EIA with the aim of achieving a high level of environmental protection; (ii) enhance policy coherence and synergies with other EU law instruments and (iii) simplify procedures, with a view to reducing unnecessary administrative burdens. The main amendments are as follows:
· Initial screening: it is proposed to clarify the screening procedure , by modifying the criteria of Annex III and specifying the content and justification of screening decisions. These amendments would ensure that EIAs are carried out only for projects that would have significant environmental effects, avoiding unnecessary administrative burden for small-scale projects.
· Quality and analysis of the EIA : it is proposed to: (i) introduce amendments to reinforce the quality of the process (i.e. mandatory scoping and quality control of EIA information), (ii) specify the content of the EIA report (mandatory assessment of reasonable alternatives, justification of final decisions, mandatory post-EIA monitoring of significant adverse effects) and (iii) adapt the EIA to challenges (i.e. biodiversity, climate change, disaster risks, availability of natural resources).
· Risk of inconsistencies : it is proposed to: (i) specify the time-frames for the main stages required by the Directive (public consultation, screening decision, final EIA decision) and (ii) introduce a mechanism, a kind of EIA one-stop shop to ensure coordination or joint operation of the EIA with the environmental assessments required under other relevant EU legislation, e.g. Directives 2010/75/EU, 92/43/EEC, 2001/42/EC.
BUDGETARY IMPLICATIONS: the proposal has no implications for the EU budget.
DELEGATED ACTS: the proposal contains provisions empowering the Commission to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union.
Documents
- Commission response to text adopted in plenary: SP(2014)455
- Final act published in Official Journal: Directive 2014/52
- Final act published in Official Journal: OJ L 124 25.04.2014, p. 0001
- Draft final act: 00015/2014/LEX
- Decision by Parliament, 1st reading: T7-0225/2014
- Decision by Parliament, 1st reading: T7-0413/2013
- Debate in Parliament: Debate in Parliament
- Results of vote in Parliament: Results of vote in Parliament
- Committee report tabled for plenary, 1st reading: A7-0277/2013
- Committee opinion: PE507.937
- Committee opinion: PE510.526
- Debate in Council: 3246
- Amendments tabled in committee: PE510.827
- Amendments tabled in committee: PE510.870
- Amendments tabled in committee: PE510.871
- Amendments tabled in committee: PE510.872
- Committee draft report: PE508.221
- Debate in Council: 3233
- Contribution: COM(2012)0628
- Economic and Social Committee: opinion, report: CES2482/2012
- Contribution: COM(2012)0628
- Contribution: COM(2012)0628
- Contribution: COM(2012)0628
- Debate in Council: 3211
- Legislative proposal: EUR-Lex
- Legislative proposal: COM(2012)0628
- Document attached to the procedure: SWD(2012)0354
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2012)0355
- Legislative proposal published: COM(2012)0628
- Legislative proposal published: EUR-Lex
- Legislative proposal: EUR-Lex COM(2012)0628
- Document attached to the procedure: SWD(2012)0354
- Document attached to the procedure: EUR-Lex SWD(2012)0355
- Economic and Social Committee: opinion, report: CES2482/2012
- Committee draft report: PE508.221
- Amendments tabled in committee: PE510.827
- Amendments tabled in committee: PE510.870
- Amendments tabled in committee: PE510.871
- Amendments tabled in committee: PE510.872
- Committee opinion: PE510.526
- Committee opinion: PE507.937
- Draft final act: 00015/2014/LEX
- Commission response to text adopted in plenary: SP(2014)455
- Contribution: COM(2012)0628
- Contribution: COM(2012)0628
- Contribution: COM(2012)0628
- Contribution: COM(2012)0628
Activities
- Cristina GUTIÉRREZ-CORTINES
Plenary Speeches (3)
- 2016/11/22 Assessment of the effects of certain public and private projects on the environment (A7-0277/2013 - Andrea Zanoni) (vote)
- 2016/11/22 Assessment of the effects of certain public and private projects on the environment (A7-0277/2013 - Andrea Zanoni) (vote)
- 2016/11/22 Assessment of the effects of certain public and private projects on the environment (debate)
- Nikolaos CHOUNTIS
- Andrea ZANONI
- Joseph CUSCHIERI
Plenary Speeches (1)
- Christian ENGSTRÖM
Plenary Speeches (1)
- Miguel Angel MARTÍNEZ MARTÍNEZ
Plenary Speeches (1)
- Bogusław SONIK
Plenary Speeches (1)
- Alejo VIDAL-QUADRAS
Plenary Speeches (1)
Votes
A7-0277/2013 - Andrea Zanoni - Am 132 #
A7-0277/2013 - Andrea Zanoni - Résolution législative #
Amendments | Dossier |
716 |
2012/0297(COD)
2013/05/13
PETI
118 amendments...
Amendment 100 #
Proposal for a directive Article 1 – paragraph 1 – point 2 2011/92/EU Article 2 – paragraph 3 3. Projects, including those with transboundary effect, 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 all the requirements of the relevant Union legislation. The most stringent legislation shall apply.
Amendment 101 #
Proposal for a directive Article 1 – paragraph 1 – point 3 2011/92/EU Article 3 – point a (a) population
Amendment 102 #
Proposal for a directive Article 1 – paragraph 1 – point 3 2011/92/EU Article 3 – point b (b) land, soil, water, air
Amendment 103 #
Proposal for a directive Article 1 – paragraph 1 – point 3 2011/92/EU Article 3 – point b (b) land, soil, water, air and climate
Amendment 104 #
Proposal for a directive Article 1 – paragraph 1 – point 3 2011/92/EU Article 3 – point c (c) material assets, cultural heritage and the landscape in accordance with Article 3 TUE;
Amendment 105 #
Proposal for a directive Article 1 – paragraph 1 – point 3 2011/92/EU Article 3 – point d (d) the interaction between the factors referred to in points (a), (b) and (c) and the cumulative and cross-border effects of these factors;
Amendment 106 #
Proposal for a directive Article 1 – paragraph 1 – point 4 - point -a (new) 2011/92/EU Article 4 – paragraph 2 (-a) paragraph 2 is amended as follows: "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. The developer may opt to make their project subject to an assessment in accordance with Articles 5 to 10. Member States shall make their determination through: (a) a case-by-case examination; or (b) thresholds or criteria set by the Member State.
Amendment 107 #
Proposal for a directive Article 1 – paragraph 1 – point 4 – point a a (new) 2011/92/EU Article 4 – paragraph 2 a (new) (aa) The following paragraph is inserted after paragraph 2: ‘2a. In setting the thresholds and criteria referred to in paragraph 2, the Member States shall endeavour to set flexible minimum thresholds and criteria so as not to exclude any public or private project that may have a significant impact on the environment;'
Amendment 108 #
Proposal for a directive Article 1 – paragraph 1 – point 4 – point a For projects listed in Annex II, with the exception of projects which do not meet a relevant threshold or criterion set by the Member State under paragraph 2(b), the developer shall provide information on the characteristics of the project, its potential significant impact on the environment and the measures envisaged in order to avoid and reduce significant effects.
Amendment 109 #
Proposal for a directive Article 1 – paragraph 1 – point 4 – point a 2011/92/EU Article 4 – paragraph 4 4.
Amendment 110 #
Proposal for a directive Article 1 – paragraph 1 – point 4 – point a 2011/92/EU 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 take account of selection criteria related to the characteristics and location of the project and its potential impact on the environment. The results of this examination must be published, and the public concerned must be able to appeal. The detailed list of selection
Amendment 111 #
Proposal for a directive Article 1 – paragraph 1 – point 4 – point b 2011/92/EU Article 4 – paragraph 5 "5. The competent authority shall make its de
Amendment 112 #
Proposal for a directive Article 1 – paragraph 1 – point 4 – point b 2011/92/EU Article 4 – paragraph 5 – point a (a) state
Amendment 113 #
Proposal for a directive Article 1 – paragraph 1 – point 4 – point b 2011/92/EU Article 4 – paragraph 5 – point c (c) include a description of the measures envisaged to avoid
Amendment 114 #
Proposal for a directive Article 1 – paragraph 1 – point 4 – point b 2011/92/EU Article 4 – paragraph 6 6. The competent authority shall make its
Amendment 115 #
Proposal for a directive Article 1 – paragraph 1 – point 5 2011/92/EU 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
Amendment 116 #
Proposal for a directive Article 1 – paragraph 1 – point 5 2011/92/EU 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
Amendment 117 #
Proposal for a directive Article 1 – paragraph 1 – point 5 2011/92/EU Article 5 – paragraph 1 ‘1. Where an environmental impact assessment must be carried out in accordance with Articles 5 to 10, the developer shall make use of the services of an accredited independent expert to 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 118 #
Proposal for a directive Article 1 – paragraph 1 – point 5 Directive 2011/92/EU 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 including a visual impact assessment when relevant, 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 119 #
Proposal for a directive Article 1 – paragraph 1 – point 5 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 as provided in Annex IV to be included by the developer in the environmental report, in accordance with paragraph 1 of this Article. In particular, it shall determine:
Amendment 120 #
Proposal for a directive Article 1 – paragraph 1 – point 5 2011/92/EU Article 5 – paragraph 2 (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
Amendment 121 #
Proposal for a directive Article 1 – paragraph 1 – point 5 2011/92/EU Article 5 – paragraph 2 – point c Amendment 122 #
Proposal for a directive Article 1 – paragraph 1 – point 5 2011/92/EU Article 5 – paragraph 2 – point d (d)
Amendment 123 #
Proposal for a directive Article 1 – paragraph 1 – point 5 (d)
Amendment 124 #
Proposal for a directive Article 1 – paragraph 1 – point 5 2011/92/EU Article 5 – paragraph 2 – point f Amendment 125 #
Proposal for a directive Article 1 – paragraph 1 – point 5 2011/92/EU Article 5 – paragraph 2 – subparagraph 2 The competent authority m
Amendment 126 #
Proposal for a directive Article 1 – paragraph 1 – point 5 2011/92/EU Article 5 – paragraph 2 – subparagraph 2 The competent authority may also seek assistance from
Amendment 127 #
Proposal for a directive Article 1 – paragraph 1 – point 5 2011/92/EU Article 5 – paragraph 3 – point a (a) the developer
Amendment 128 #
Proposal for a directive Article 1 – paragraph 1 – point 5 2011/92/EU Article 5 – paragraph 3 – point b Amendment 129 #
Proposal for a directive Article 1 – paragraph 1 – point 5 2011/92/EU Article 5 – paragraph 3 – subparagraph 2 Where
Amendment 130 #
Proposal for a directive Article 1 – paragraph 1 – point 5 2011/92/EU Article 5 – paragraph 3 – subparagraph 3 The detailed arrangements for the use and selection of
Amendment 131 #
Proposal for a directive Article 1 – paragraph 1 – point 5 2011/92/EU 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. The Commission reserves the right to verify the independence of such experts and ensure that the selection process is carried out properly.
Amendment 132 #
Proposal for a directive Article 1 – paragraph 1 – point 6 – point b – introductory part 2012/0297 Articles 7 and 8 (b) the following paragraphs 7
Amendment 133 #
Proposal for a directive Article 1 – paragraph 1 – point 6 – point b The time-frames for consulting the public concerned on the environmental report referred to in Article 5(1) shall not be shorter than 30
Amendment 134 #
Proposal for a directive Article 1 – paragraph 1 – point 6 – point b 2011/92/EU Article 6 – paragraph 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
Amendment 135 #
Proposal for a directive Article 1 – paragraph 1 – point 6 – point b 2011/92/EU Article 6 – paragraph 7 a (new) 7a. Regardless of any ongoing specific project subject to an environmental impact assessment, Member States shall ensure that contact information of and easy and quick access to the authority or authorities usually responsible for performing the duties arising from this Directive be available to the public at any time.
Amendment 136 #
Proposal for a directive Article 1 – paragraph 1 – point 6 – point b 2011/92/EU Article 6 – paragraph 7 a (new) Amendment 137 #
Proposal for a directive Article 1 – paragraph 1 – point 8 2011/92/EU Article 8 – paragraph 1 – point c (c) a summary of the comments, opinions, questions and answers received pursuant to Articles 6 and 7;
Amendment 138 #
Proposal for a directive Article 1 – paragraph 1 – point 8 2011/92/EU Article 8 – paragraph 1 – subparagraph 2 For projects likely to have significant adverse transboundary effects, the competent authority shall
Amendment 139 #
Proposal for a directive Article 1 – paragraph 1 – point 8 2011/92/EU Article 8 – paragraph 2 – subparagraph 1 2. 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 to refuse development consent 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 140 #
Proposal for a directive Article 1 – paragraph 1 – point 8 2011/92/EU Article 8 – paragraph 2 – subparagraph 2 If the competent authority decides to grant development consent, it shall ensure that the development consent includes, where appropriate, measures to monitor the significant adverse environmental effects of both construction and operational phases, in order to assess the implementation and the expected effectiveness of mitigation and compensation measures, and to identify any unforeseeable adverse effects and/or net biodiversity loss and to facilitate corrective action.
Amendment 141 #
Proposal for a directive Article 1 – paragraph 1 – point 8 2011/92/EU 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 findings of such monitoring shall be submitted to the competent authority. Existing monitoring arrangements resulting from other Union legislation may be used if appropriate.
Amendment 142 #
Proposal for a directive Article 1 – paragraph 1 – point 8 2011/92/EU 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 findings of such monitoring from construction and operational phase shall be submitted to the competent authority and actively disseminated in accordance with Directive 2003/4/EC.
Amendment 143 #
Proposal for a directive Article 1 – paragraph 1 – point 8 2011/92/EU Article 8 – paragraph 2 – subparagraph 4 Amendment 144 #
Proposal for a directive Article 1 – paragraph 1 – point 8 2011/92/EU Article 8 – paragraph 2 – subparagraph 4 a (new) 4a. Where monitoring indicates that there are unforeseen adverse impacts the developer shall be required to take corrective action. Member states shall ensure that national laws are enforced where developers, technically competent experts and/or national experts may be liable to penalties and/or sanctions where unforeseen adverse environmental effects are the result of negligence or a serious breach of accreditation standards. The developer's proposals for corrective action shall be made publicly available and approved by the competent authority or authorities which shall ensure compliance.
Amendment 145 #
Proposal for a directive Article 1 – paragraph 1 – point 8 2011/92/EU 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
Amendment 146 #
Proposal for a directive Article 1 – paragraph 1 – point 9 – point a 2011/92/EU Article 9 – paragraph 1 "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
Amendment 147 #
Proposal for a directive Article 1 – paragraph 1 – point 9 – point a 2011/92/EU Article 9 – paragraph 1 – point d a (new) (da) the right for the public concerned to initiate legal proceedings pursuant to Article 11.
Amendment 148 #
Proposal for a directive Article 1 – paragraph 1 – point 9 – point a 2011/92/EU Article 9 – paragraph 1 – point d a (new) (da) the public concerned must be able to challenge the information provided, and the Member State must ensure that there is an effective procedure for appealing against the decision made;
Amendment 149 #
Proposal for a directive Article 1 – paragraph 1 – point 9 – point b 2011/92/EU Article 9 – paragraph 3 Amendment 150 #
Proposal for a directive Article 1 – paragraph 1 – point 9 – point b – introductory part 2011/92/EU Article 9 – paragraphs 3 a and b (new) (b) the following paragraphs 3
Amendment 151 #
Proposal for a directive Article 1 – paragraph 1 – point 9 a (new) 2011/92/EU Article 9 a (new) (9a) The following article is added after Article 9: "(9a) Member States shall ensure that the competent authority or authorities, when performing the duties arising from this Directive, do not find themselves in a conflict of interest pursuant to any legislation binding upon them."
Amendment 152 #
Proposal for a directive Article 1 – paragraph 1 – point 9 a (new) 2011/92/EU 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 injunction mechanism."
Amendment 153 #
Proposal for a directive Article 1 – paragraph 1 – point 9 a (new)2011/92/EU Article 11 – paragraphs 5 a and b (new) Amendment 154 #
Proposal for a directive Article 1 – paragraph 1 – point 11 2011/92/EU Article 12 a and Article 12 b Amendment 155 #
Proposal for a directive Annex 1 – point -1 (new) 2011/92/EU Annex I – paragraph 4 a (new) Amendment 156 #
Proposal for a directive Annex 1 – point -1 (new) Directive 2011/92/EU Annex II – paragraph 2 – point d – subpoint iii a (new) (-1) The following subpoint is inserted in paragraph 2, point d, of ANNEX II: "(iv) drilling for the exploration and appraisal of petroleum and/or natural gas trapped in rock formations."
Amendment 157 #
Proposal for a directive Annex 1 – point -1 (new) (-1) The following subpoint is inserted in paragraph 2, point d, of ANNEX II: "(iv) exploration of petroleum and/or natural gas trapped in strata of gas shales or other sedimentary rock formations with similarly low or lower permeability and porosity,"
Amendment 158 #
Proposal for a directive Annex 1 – point 1 2011/92/EU 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
Amendment 159 #
Proposal for a directive Annex 1 – point 1 2011/92/EU Annexe II A – paragraph 1 – point b (b) a description of the location of the project, with
Amendment 160 #
Proposal for a directive Annex 1 – point 2 2011/92/EU 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 reasonable alternative use, and to the probability of accidents or disasters and the vulnerability of the project to these risks;
Amendment 161 #
Proposal for a directive Annex 1 – point 2 (j) impacts of the project on the environment, in particular on land (increase of settlement areas over time – land take), soil (organic matter, erosion, compaction, sealing), water (quantity and quality), underground when relevant, air and biodiversity (population quality and quantity and ecosystem degradation and fragmentation);
Amendment 162 #
Proposal for a directive Annex 1 – point 2 2011/92/EU Annex III – paragraph 2 – point a Amendment 163 #
Proposal for a directive Annex 1 – point 2 2011/92/EU Annex III – paragraph 2 – point c – subpoint iii Amendment 164 #
Proposal for a directive Annex 1 – point 2 2011/92/EU Annex III – paragraph 2 – point c – subpoint iv (iv) nature reserves and parks,
Amendment 165 #
Proposal for a directive Annex 1 – point 2 2011/92/EU Annex III – paragraph 2 – point c – subpoint viii a (new) (viiia) areas or places protected by national or regional legislation;
Amendment 166 #
Proposal for a directive Annex 1 – point 2 2011/92/EU Annex III - paragraph 2 - point c - subpoint viii b (new) (viiib) seismic areas or those with a high risk of natural catastrophe.
Amendment 167 #
Proposal for a directive Annex 1 – point 2 2011/92/EU 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 phases
Amendment 168 #
Proposal for a directive Annex 1 – point 2 2011/92/UE 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
Amendment 169 #
Proposal for a directive Annex 1 – point 2 2011/92/UE Annex IV – paragraph 4 4. A description of the aspects of the environment likely to be significantly affected by the proposed project
Amendment 52 #
Proposal for a directive 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 harmonization of the proceedings shall be one of the aims of the Directive. 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 EIA's are required, for instance in cases of cross-border projects, as well as to define more specific criteria mandatory assessments.
Amendment 53 #
Proposal for a directive Recital 3 (3) It is necessary to amend Directive 2011/92/EU in order to strengthen the
Amendment 54 #
Proposal for a directive Recital 3 a (new) (3a) In the case of projects which may have a cross-border impact on the environment, the Member States involved should set up a joint one-stop shop where they should be represented on the basis of parity, which should be responsible for all procedural steps. For the final project approval, the consent of all Member States concerned must be obtained.
Amendment 55 #
Proposal for a directive 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, it is necessary to simplify and harmonise the prescribed procedures.
Amendment 56 #
Proposal for a directive Recital 4 (4) Over the last decade, environmental issues, such as resource efficiency
Amendment 57 #
Proposal for a directive 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
Amendment 58 #
Proposal for a directive Recital 4 (4) Over the last decade, environmental issues, such as resource efficiency
Amendment 59 #
Proposal for a directive 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. As the Commission has not determined guidelines for the application of the Directive on conservation of Historical and Cultural Heritage, the Commission shall propose a list of criteria and indications with a view to a better implementation of the Directive.
Amendment 60 #
Proposal for a directive Recital 4 a (new) (4a) Stipulating that greater account must be taken of environmental criteria in all projects may also prove counter- productive if it serves to add to the complexity of the procedures involved and to lengthen the time needed to authorise and validate each stage. This may increase costs and may even in itself come to pose a threat to the environment if infrastructure projects take a very long time to complete.
Amendment 61 #
Proposal for a directive Recital 4 b (new) (4b) Environmental issues surrounding infrastructure projects must not divert attention from the fact that any project will inevitably have an impact on the environment and that the focus must be on the balance between the value of a project and its environmental impact.
Amendment 62 #
Proposal for a directive Recital 5 (5) In its Communication entitled ‘Roadmap to a Resource Efficient Europe’, the Commission committed itself to including broader resource efficiency and sustainability considerations in the context of the revision of Directive 2011/92/EU.
Amendment 63 #
Proposal for a directive Recital 7 (7) The United Nations Convention on Biological Diversity ("the Convention"), to which the European Union is party, requires assessment
Amendment 64 #
Proposal for a directive Recital 7 (7) The United Nations Convention on Biological Diversity ("the Convention"), to which the European Union is party, requires assessment, as far as possible and as appropriate, of the significant adverse effects of projects on biological diversity, which is defined in Article 2 of the Convention, with a view to avoiding or minimising such effects. This prior assessment of impacts
Amendment 65 #
Proposal for a directive Recital 8 (8) The measures taken to avoid
Amendment 66 #
Proposal for a directive Recital 9 Amendment 67 #
Proposal for a directive Recital 9 (9) Climate change will continue to
Amendment 68 #
Proposal for a directive Recital 9 (9) Climate change will continue to cause damage to the environment and compromise economic development. Accordingly, the environmental, social and economic resilience of the Union should be promoted so as to deal with climate change throughout the Union’s territory in an efficient manner. Climate change adaptation and mitigation responses need to be addressed now across many of the sectors of Union legislation.
Amendment 69 #
Proposal for a directive 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
Amendment 70 #
Proposal for a directive 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 but strictly defined and limited cases.
Amendment 71 #
Proposal for a directive 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 shall take into account the provisions of the Espoo Convention, which, in cases of cross- border projects, oblige the participating States to notify and consult each other. In such cross-border projects, the Commission shall, where and when appropriate and possible, play a more pro- active and facilitating role.
Amendment 72 #
Proposal for a directive Recital 16 Amendment 73 #
Proposal for a directive Recital 16 (16) When determining whether significant environmental effects are likely to be caused, the competent authorities
Amendment 74 #
Proposal for a directive Recital 16 (16) When determining whether significant environmental effects are likely to be caused, the competent authorities
Amendment 75 #
Proposal for a directive 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 76 #
Proposal for a directive Recital 18 Amendment 77 #
Proposal for a directive Recital 18 (18) The environmental report of a project to be provided by the developer should include an assessment of reasonable alternatives relevant to the proposed project
Amendment 78 #
Proposal for a directive Recital 18 (18) The environmental report of a project to be provided by the developer should include an assessment of all reasonable alternatives relevant to the proposed project, including the likely evolution of the existing state of the environment without implementation of the project (baseline scenario), as a means to improve quality of the assessment process and to allow integrating environmental
Amendment 79 #
Proposal for a directive Recital 18 (18) The environmental report of a project to be provided by the developer
Amendment 80 #
Proposal for a directive Recital 19 (19) Measures should be taken to ensure that the data and information included in the environmental reports, in accordance with Annex IV of Directive 2011/92/EU are complete and of sufficiently high quality.
Amendment 81 #
Proposal for a directive Recital 19 a (new) (19a) To guarantee the completeness, sufficient quality and independence of the environmental reports, it should be ensured that these reports are prepared by independent, accredited and technically competent experts in a scientifically objective manner and in total independence from the developer and the competent authorities.
Amendment 82 #
Proposal for a directive Recital 20 (20) With a view to ensuring transparency and accountability, the competent authority
Amendment 83 #
Proposal for a directive Recital 20 (20) With a view to ensuring transparency and accountability, the competent authority should be required to substantiate comprehensively and in detail its decision to grant development consent in respect of a project, indicating that it has taken into consideration the results of the consultations carried out
Amendment 84 #
Proposal for a directive Recital 21 (21) It is appropriate to establish common minimum requirements for the monitoring of the significant adverse effects of the construction and operation of projects to ensure a common approach in all Member States and to ensure that, after the implementation of mitigation and compensation measures, no impacts exceed those initially predicted. Such monitoring should not duplicate or add to monitoring required pursuant to other Union legislation. Where monitoring indicates that there are unforeseen adverse impacts, provision should be made for appropriate corrective action.
Amendment 85 #
Proposal for a directive Recital 22 a (new) (22a) Public involvement in decision- making from an early stage is critical to ensure that the decision-maker will take account of opinions and concerns which may be relevant to those decisions, thereby increasing the accountability and transparency on the decision-making process, improving the substantive quality of decisions and contributing to public awareness of environmental issues.
Amendment 86 #
Proposal for a directive Recital 27 (27) The Commission, when preparing and drawing up delegated acts, should ensure
Amendment 87 #
Proposal for a directive Recital 28 (28) Since the objective of this Directive, namely to ensure a high level of protection of the environment and of human health, through the establishment of minimum requirements for the environmental assessment of projects, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scope, seriousness and transboundary nature of the environmental issues to be addressed, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out
Amendment 88 #
Proposal for a directive Recital 28 (28) Since the objective of this Directive, namely to ensure a high level of protection of the environment
Amendment 89 #
Proposal for a directive Article 1 – paragraph 1 – point 1 – point a 2011/92/EU Article 1, paragraph 2, point a, indent 1 - the execution of construction or
Amendment 90 #
Proposal for a directive Article 1 – paragraph 1 – point 1 – point a a (new) 2011/92/EU Article 1 – paragraph 2 – point (c) Amendment 91 #
Proposal for a directive Article 1 – paragraph 1 – point 1 – point b – introductory part 2011/92/EU Article 1 – paragraph 2 – points f a and f b (new) (b) in paragraph 2, the following definition
Amendment 92 #
Proposal for a directive Article 1 – paragraph 1 – point 1 – point b 2011/92/EU Article 1, paragraph 2, point g "environmental impact assessment" shall mean the process of preparing an
Amendment 93 #
Proposal for a directive Article 1 – paragraph 1 – point 1 – point b 2011/92/EU Article 1- paragraph 2 - point f a (new) 'joint procedures': 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 94 #
Proposal for a directive Article 1 – paragraph 1 – point 1 – point b 2011/92/EU Article 1- paragraph 2 - point f b (new) '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 95 #
Proposal for a directive Article 1 – paragraph 1 – point 1 – point b 2011/92/EU Article 1 – paragraph 2 – point f a (new) 'independent' means capable of the exercise of technical/scientific objectivity, free of direction or influence by the competent authority, the developer and/or the national, regional and local authorities.
Amendment 96 #
Proposal for a directive Article 1 – paragraph 1 – point 1 – point b – point 1 (new) 2011/92/EU Article 1 – paragraph 2 – point f a (new) 'Visual Impact Assessment': Visual impact is defined as a change in the appearance of the built or natural landscape and urban areas as a result of 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 97 #
Proposal for a directive Article 1 – paragraph 1 – point 1 – point c 2011/92/EU 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, provided that they have properly evaluated any other feasible alternatives and justify the final choice to the Commission.
Amendment 98 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – introductory part 2011/92/EU Article 2 – paragraphs 3 and 4 (2) In Article 2, paragraphs 3
Amendment 99 #
Proposal for a directive Article 1 – paragraph 1 – point 2 2011/92/EU Article 2 – paragraph 3 3. Projects, including those with transboundary effect, for which the obligation to carry out assessments of the effects on the environment arises simultaneously from this Directive and other Union legislation
source: PE-510.694
2013/05/29
ENVI
530 amendments...
Amendment 100 #
Proposal for a directive Article 1 – point 1 – point a Directive 2011/92/EU Article 1 – paragraph 2 – point a – indent 1 Amendment 101 #
Proposal for a directive Article 1 – point 1 – point a Directive 2011/92/EU Article 1 – paragraph 2 – point a – indent 1 Amendment 102 #
Proposal for a directive Article 1 – point 1 – point a Directive 2011/92/EU Article 1 – paragraph 2 – point a – indent 1 Amendment 103 #
Proposal for a directive Article 1 – point 1 – point a Directive 2011/92/EU Article 1 – paragraph 2 – point a – indent 1 Amendment 104 #
Proposal for a directive Article 1 – point 1 – point a Directive 2011/92/EU Article 1 – paragraph 2 – point a – indent 1 Amendment 105 #
Proposal for a directive Article 1 – point 1 – point a Directive 2011/92/EU Article 1 – paragraph 2 – point a – indent 1 (a) in point (a) of paragraph 2, after the first
Amendment 106 #
Proposal for a directive Article 1 – point 1 – point a Directive 2011/92/EU Article 1 – paragraph 2 – point a – indent 1 Amendment 107 #
Proposal for a directive Article 1 – point 1 – point a - the execution of construction
Amendment 108 #
Proposal for a directive Article 1 – point 1 – point a Directive 2011/92/EU Article 1 – paragraph 2 – point a – indent 1 - the execution of construction
Amendment 109 #
Proposal for a directive Article 1 – point 1 – point a Directive 2011/92/EU Article 1 – paragraph 2 – point a – indent 1 - the execution of construction
Amendment 110 #
Proposal for a directive Article 1 – point 1 – point a Directive 2011/92/EU Article 1 – paragraph 2 – point a – indent 1 - the execution of construction or demolition works,
Amendment 111 #
Proposal for a directive 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 112 #
Proposal for a directive Article 1 – point 1 – point a a (new) Directive 2011/92/EU Article 1 – paragraph 2 – point a – indent 2 (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 hydrocarbons;"
Amendment 113 #
Proposal for a directive 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 114 #
Proposal for a directive Article 1 – point 1 – point a a (new) Directive 2011/92/EU 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 115 #
Proposal for a directive Article 1 – point 1 – point a a (new) Directive 2011/92/EU Article 1 – paragraph 2 – point f (aa) point f of paragraph 2 is replaced by the following: "(f) "competent authority or authorities" means that authority or those authorities which the Member States designate as responsible for performing the duties arising from this Directive. Member States are not obliged to confer on the authority or authorities on which the competence to grant or refuse development consent is conferred, all other competences that arise from this directive."
Amendment 116 #
Proposal for a directive Article 1 – point 1 – point b Directive 2011/92/EU Article 1 – paragraph 2 – point g (g) "environmental impact assessment" shall mean the process of preparing an environmental report,
Amendment 117 #
Proposal for a directive Article 1 – point 1 – point b Directive 2011/92/EU 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
Amendment 118 #
Proposal for a directive Article 1 – point 1 – point b Directive 2011/92/EU Article 1– paragraph 2 – point g (g) "environmental impact assessment" shall mean the process of preparing an environmental report by the developer, carrying out the consultations (including with the public concerned and the environmental authorities) referred to in Article 6(1), the assessment by the competent authority and/or by the authorities referred to in Article 6(1), taking into account the environmental report 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 119 #
Proposal for a directive Article 1 – point 1 – point b Directive 2011/92/EU 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 the initial emission load 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 120 #
Proposal for a directive Article 1 – point 1 – point b Directive 2011/92/EU 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 121 #
Proposal for a directive Article 1 – point 1 – point b a (new) Directive 2011/92/EU Article 1 – paragraph 2 – point g a (new) (ba) in paragraph 2, the following definition is added: "(ga) "standard" means a technical specification, adopted by a recognised standardisation body, for repeated or continuous application, with which compliance is not compulsory, and which is one of the following: (a) "international standard" means a standard adopted by an international standardisation body; (b) "European standard" means a standard adopted by a European standardisation organisation; (c) "harmonised standard" means a European standard adopted on the basis of a request made by the Commission for the application of Union harmonisation legislation; (d) "national standard" means a standard adopted by a national standardisation body;"
Amendment 122 #
Proposal for a directive Article 1 – point 1 – point b a (new) Directive 2011/92/EU 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) Directive 2011/92/EU 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 124 #
Proposal for a directive Article 1 – point 1 – point b c (new) Directive 2011/92/EU Article 1 – paragraph 2 – point g c (new) (bc) in paragraph 2, the following definition is added: "(gc) "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 125 #
Proposal for a directive Article 1 – point 1 – point b a (new) Directive 2011/92/EU 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 126 #
Proposal for a directive Article 1 – point 1 – point b d (new) Directive 2011/92/EU 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 127 #
Proposal for a directive Article 1 – point 1 – point b b (new) Directive 2011/92/EU 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 128 #
Proposal for a directive Article 1 – point 1 – point b a (new) Directive 2011/92/EU 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 129 #
Proposal for a directive Article 1 – point 1 – point c Directive 2011/92/EU Article 1 – paragraph 3 3. Member States may decide, on a case- by-case basis
Amendment 130 #
Proposal for a directive Article 1 – point 1 – point c Directive 2011/92/EU 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
Amendment 131 #
Proposal for a directive Article 1 – point 1 – point c Directive 2011/92/EU 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 and providing that there is no serious risk to human health."
Amendment 132 #
Proposal for a directive Article 1 – point 1 – point c Directive 2011/92/EU Article 1 – paragraph 4 Amendment 133 #
Proposal for a directive Article 1 – point 1 – point c Directive 2011/92/EU Article 1 – paragraph 4 Amendment 134 #
Proposal for a directive Article 1 – point 1 – point c Directive 2011/92/EU Article 1– paragraph 4 4. This Directive shall not apply to projects the details of which are a
Amendment 135 #
Proposal for a directive Article 1 – point 1 – point c a (new) Directive 2011/92/EU Article 1 – paragraph 4 a (new) (ca) the following paragraph 4a is added: "4a. This Directive shall not apply to schemes established in connection with a permit issued pursuant to Directive 2010/75/EU or necessary for the implementation of measures to prevent or repair environmental damage pursuant to Directive 2004/35/EC."
Amendment 136 #
Proposal for a directive Article 1 – point 1 a (new) Directive 2011/92/EU 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 137 #
Proposal for a directive Article 1 – point 2 Directive 2011/92/EU Article 2 – paragraph 3 – subparagraph 1 3.
Amendment 138 #
Proposal for a directive Article 1 – point 2 Directive 2011/92/EU 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
Amendment 139 #
Proposal for a directive Article 1 – point 2 Directive 2011/92/EU Article 2 – paragraph 3 – subparagraph 1 3. Projects for which the obligation to carry out assessments of the effects on the
Amendment 140 #
Proposal for a directive Article 1 – point 2 Directive 2011/92/EU 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
Amendment 141 #
Proposal for a directive Article 1 – point 2 Directive 2011/92/EU 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
Amendment 142 #
Proposal for a directive Article 1 – point 2 Directive 2011/92/EU 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
Amendment 143 #
Proposal for a directive Article 1 – point 2 Directive 2011/92/EU 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
Amendment 144 #
Proposal for a directive Article 1 – point 2 Directive 2011/92/EU Article 2 – paragraph 3 – subparagraph 2 Amendment 145 #
Proposal for a directive Article 1 – point 2 Directive 2011/92/EU Article 2 – paragraph 3 – subparagraph 2 Amendment 146 #
Proposal for a directive Article 1 – point 2 Directive 2011/92/EU 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
Amendment 147 #
Proposal for a directive Article 1 – point 2 Directive 2011/92/EU 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 148 #
Proposal for a directive Article 1 – point 2 Directive 2011/92/EU Article 2 – paragraph 3 – subparagraph 3 Amendment 149 #
Proposal for a directive Article 1 – point 2 Directive 2011/92/EU Article 2 – paragraph 3 – subparagraph 3 Amendment 150 #
Proposal for a directive Article 1 – point 2 Directive 2011/92/EU 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
Amendment 151 #
Proposal for a directive Article 1 – point 2 Directive 2011/92/EU Article 2 – paragraph 3 – subparagraph 4 Amendment 152 #
Proposal for a directive Article 1 – point 2 Directive 2011/92/EU Article 2 – paragraph 3 – subparagraph 4 Amendment 153 #
Proposal for a directive Article 1 – point 2 Directive 2011/92/EU Article 2 – paragraph 3 – subparagraph 4 Amendment 154 #
Proposal for a directive Article 1 – point 2 Directive 2011/92/EU Article 2 – paragraph 3 – subparagraph 4 Member States
Amendment 155 #
Proposal for a directive Article 1 – point 2 Directive 2011/92/EU Article 2 – paragraph 3 – subparagraph 4 Member States
Amendment 156 #
Proposal for a directive Article 1 – point 2 Directive 2011/92/EU Article 2 – paragraph 3 – subparagraph 4 Member States
Amendment 157 #
Proposal for a directive Article 1 – point 2 Directive 2011/92/EU Article 2 – paragraph 3 – subparagraph 4 Member States shall appoint one authority, which shall be responsible for facilitating the
Amendment 158 #
Proposal for a directive Article 1 – point 2 Directive 2011/92/EU Article 2 – paragraph 3 – subparagraph 4 a (new) In all environmental impact assessments the developer shall in the environmental report demonstrate they have had regard to any other Union legislation relevant to the proposed development for which individual assessments of environmental impact are required.
Amendment 159 #
Proposal for a directive Article 1 – point 2 a (new) Directive 2011/92/EU Article 2 – paragraph 4 (2a) In Article 2, paragraph 4 is amended as follows: “4. Without prejudice to Article 7, Member States may, in exceptional cases, exempt a specific project in whole or in part from the provisions laid down in this Directive. To that end, Member States must establish exemption thresholds for projects which have no significant effects on the environment, in order to reduce logjams at initiating departments and provide certainty to those carrying out these projects, by enabling them to be implemented within reasonable and managed timeframes.”
Amendment 160 #
Proposal for a directive Article 1 – point 2 a (new) Directive 2011/92/EU 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 161 #
Proposal for a directive Article 1 – point 2 a (new) Directive 2011/92/EU Article 2 – paragraph 4 (2a) Article 2, paragraph 4 is replaced by the following: "4. Without prejudice to Article 7, Member States may, in exceptional cases, exempt a specific project in whole or in part from the provisions laid down in this Directive. In that event, the Member States shall: -a) consult the public concerned by ensuring that there is adequate representation of the social and economic categories that are present in the environment affected by the scheme; (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 162 #
Proposal for a directive Article 1 – point 2 a (new) Directive 2011/92/EU 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 163 #
Proposal for a directive Article 1 – point 2 a (new) Directive 2011/92/EU 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 6(1) (new) and Article 7, Member States may, in exceptional cases, exempt a specific project in whole or in part from the provisions laid down in this Directive.”
Amendment 164 #
Proposal for a directive Article 1 – point 3 Directive 2011/92/EU Article 3 – introductory part The environmental impact assessment shall
Amendment 165 #
Proposal for a directive Article 1 – point 3 Directive 2011/92/EU Article 3 – introductory part The environmental impact assessment shall
Amendment 166 #
Proposal for a directive Article 1 – point 3 Directive 2011/92/EU Article 3 – point a (a)
Amendment 167 #
Proposal for a directive Article 1 – point 3 Directive 2011/92/EU Article 3 – point a (a) population, human health
Amendment 168 #
Proposal for a directive Article 1 – point 3 Directive 2011/92/EU Article 3 – point a (a) population, human health, and
Amendment 169 #
Proposal for a directive Article 1 – point 3 Directive 2011/92/EU Article 3 – point a (a) population, human health, and biodiversity, with particular attention, when applicable, to species and habitats protected under Council Directive 92/43/EEC and Directive 2009/147/EC of the European Parliament and of the Council;
Amendment 170 #
Proposal for a directive Article 1 – point 3 Directive 2011/92/EU Article 3 – point a (a) population, human health
Amendment 171 #
Proposal for a directive Article 1 – point 3 2011/92/EG Article 3 – point b (b)
Amendment 172 #
Proposal for a directive Article 1 – point 3 Directive 2011/92/EU Article 3 – point b (b)
Amendment 173 #
Proposal for a directive Article 1 – point 3 Directive 2011/92/EU Article 3 – point b (b)
Amendment 174 #
Proposal for a directive Article 1 – point 3 2011/92/EU Article 3 – point b (b) land, soil, water, air and climate
Amendment 175 #
Proposal for a directive Article 1 – point 3 Directive 2011/92/EU Article 3 – point b (b) land, soil, water, air and climate
Amendment 176 #
Proposal for a directive Article 1 – point 3 Directive 2011/92/EU Article 3 – point b (b) land, soil, subsoil, water, air, climate and climate change and natural resources;
Amendment 177 #
Proposal for a directive Article 1 – point 3 Directive 2011/92/EU Article 3 – point b (b) land, subsoil, soil, water, air and climate change;
Amendment 178 #
Proposal for a directive Article 1 – point 3 Directive 2011/92/EU Article 3 – point b (b) land, soil, water, air and climate change (in terms of greenhouse gas emissions);
Amendment 179 #
Proposal for a directive Article 1 – point 3 Directive 2011/92/EU Article 3 – point b a (new) (ba) land used for agriculture and forestry;
Amendment 180 #
Proposal for a directive Article 1 – point 3 Directive 2011/92/EU Article 3 – point c (c) material assets
Amendment 181 #
Proposal for a directive Article 1 – point 3 Directive 2011/92/EU Article 3 – point c (c) material assets (including impacts on property values), cultural heritage and the landscape;
Amendment 182 #
Proposal for a directive Article 1 – point 3 Directive 2011/92/EU Article 3 – point c (c) material assets, cultural heritage and the landscape in accordance with Article 3 TEU, Articles 36 and 167 TFEU;
Amendment 183 #
Proposal for a directive Article 1 – point 3 Directive 2011/92/EU Article 3 – point c (c) material assets, cultural heritage and the landscape in accordance with Article 3 TEU;
Amendment 184 #
Proposal for a directive Article 1 – point 3 Directive 2011/92/EU Article 3 – point e Amendment 185 #
Proposal for a directive Article 1 – point 3 Directive 2011/92/EU Article 3 – point e Amendment 186 #
Proposal for a directive Article 1 – point 3 Directive 2011/92/EU Article 3 – point e Amendment 187 #
Proposal for a directive Article 1 – point 3 Directive 2011/92/EU Article 3 – point e (e) exposure, vulnerability and resilience of the factors referred to in points (a), (b) and
Amendment 188 #
Proposal for a directive Article 1 – point 3 Directive 2011/92/EU 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 189 #
Proposal for a directive Article 1 – point 3 Directive 2011/92/EU Article 3 – paragraph 1 a (new) Where there is standardisation of available procedures for a given project or facility in line with the BAT criteria, the competent authority must take that standardisation into account and centre the environmental impact assessment on the location of the facilities or the project.
Amendment 190 #
Proposal for a directive Article 1 – point 4 – point -a (new) Directive 2011/92/EU 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 191 #
Proposal for a directive 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 192 #
Proposal for a directive Article 1 – point 4 – point -a (new) Directive 2011/92/EU Article 4 – paragraph 2 – subparagraph 2 (-a) the second subparagraph of paragraph 2 is replaced by the following: “Member States may decide to apply both procedures referred to in points (a) and (b). Where point (b) applies, the public must be consulted for the purpose of setting thresholds or criteria.”
Amendment 193 #
Proposal for a directive 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.
Amendment 194 #
Proposal for a directive Article 1 – point 4 – point a Directive 2011/92/EU Article 4 – paragraph 3 3. For projects listed in Annex II, which in accordance with the laws of Member States require a case-by-case examination or which meet the thresholds or criteria set by the Member States in accordance with paragraph 2, the developer shall provide information on the characteristics of the project
Amendment 195 #
Proposal for a directive Article 1 – point 4 – point a Directive 2011/92/EU Article 4 – paragraph 3 3. For projects listed in Annex II, the developer shall provide information on the characteristics of the project
Amendment 196 #
Proposal for a directive Article 1 – point 4 – point a 3. For projects listed in Annex II, 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
Amendment 197 #
Proposal for a directive Article 1 – point 4 – point a Directive 2011/92/UE 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 198 #
Proposal for a directive Article 1 – point 4 – point a Directive 2011/92/EU Article 4 – paragraph 3 3. For projects listed in Annex II, submitted for case-by-case examination in application of Article 4(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 199 #
Proposal for a directive Article 1 – point 4 – point a Directive 2011/92/EU Article 4 – paragraph 3 3. For projects listed in Annex II, 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. That information shall be made available to the public before the determination for the purposes of paragraph 2, which shall be published on the Internet, thus making for greater transparency and public accessibility.”
Amendment 200 #
Proposal for a directive Article 1 – point 4 – point a Directive 2011/92/EU Article 4 – paragraph 3 – subparagraph 1 a (new) The amount of information that must be provided to the competent authority in this screening process shall be kept to a minimum and limited to the key aspects enabling the authority to ascertain whether a project is viable and to suggest changes or alternatives.
Amendment 201 #
Proposal for a directive Article 1 – point 4 – point a Directive 2011/92/EU Article 4 – paragraph 3 – subparagraph 1 b (new) The competent authority must issue a response on the screening within a short timeframe, and always within less than eight months.
Amendment 202 #
Proposal for a directive Article 1 – point 4 – point a Directive 2011/92/EU Article 4 – paragraph 3 – subparagraph 1 a (new) As part of the screening, the developer shall provide summary descriptions in respect of the information to be provided under Annex II.A.
Amendment 203 #
Proposal for a directive Article 1 – point 4 – point a Directive 2011/92/EU 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
Amendment 204 #
Proposal for a directive Article 1 – point 4 – point a Directive 2011/92/EU 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 take account of the relevant selection criteria related to the characteristics and location of the project and its potential impact on the environment. The detailed list of selection criteria
Amendment 205 #
Proposal for a directive Article 1 – point 4 – point a Directive 2011/92/EU 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 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
Amendment 206 #
Proposal for a directive Article 1 – point 4 – point a Directive 2011/92/EU 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 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
Amendment 207 #
Proposal for a directive Article 1 – point 4 – point a Directive 2011/92/EU 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 208 #
Proposal for a directive Article 1 – point 4 – point a Directive 2011/92/EU Article 4 – paragraph 4 – subparagraph 1 a (new) As part of the screening, the developer shall provide summary descriptions which, in terms of the information provided, do not go beyond the requirements of Annex II.A.
Amendment 209 #
Proposal for a directive Article 1 – point 4 – point b Directive 2011/92/EU Article 4 – paragraph 5 – introductory part 5. The competent authority shall make its de
Amendment 210 #
Proposal for a directive Article 1 – point 4 – point b Directive 2011/92/EU Article 4 – paragraph 5 – introductory part Amendment 211 #
Proposal for a directive Article 1 – point 4 – point b Directive 2011/92/EU Article 4 – paragraph 5 – introductory part 5. The competent authority shall make its decision pursuant to paragraph 2,
Amendment 212 #
Proposal for a directive Article 1 – point 4 – point b Directive 2011/92/EU 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 with which it is familiar, preliminary verifications or assessments of the effects on the environment arising from other Union legislation. The decision pursuant to paragraph 2 shall:
Amendment 213 #
Proposal for a directive Article 1 – point 4 – point b Directive 2011/92/EU 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 214 #
Proposal for a directive Article 1 – point 4 – point b Directive 2011/92/EU 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
Amendment 215 #
Proposal for a directive Article 1 – point 4 – point b Directive 2011/92/EU Article 4 – paragraph 5 – point a Amendment 216 #
Proposal for a directive Article 1 – point 4 – point b Directive 2011/92/EU Article 4 – paragraph 5 – point b Amendment 217 #
Proposal for a directive Article 1 – point 4 – point b Directive 2011/92/EU Article 4 – paragraph 5 – point c Amendment 218 #
Proposal for a directive Article 1 – point 4 – point b Directive 2011/92/EU Article 4 – paragraph 5 – point d (d) be made available to the public, due consideration having been given to the comments of the public concerned.
Amendment 219 #
Proposal for a directive Article 1 – point 4 – point b Directive 2011/92/EU Article 4 – paragraph 6 – subparagraph 1 Amendment 220 #
Proposal for a directive Article 1 – point 4 – point b Directive 2011/92/EU 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
Amendment 221 #
Proposal for a directive Article 1 – point 4 – point b 6. The competent authority shall make its decision pursuant to paragraph 2 within
Amendment 222 #
Proposal for a directive Article 1 – point 4 – point b Directive 2011/92/EU 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.
Amendment 223 #
Proposal for a directive Article 1 – point 4 – point b Directive 2011/92/EU Article 4 – paragraph 6 – subparagraph 1 6. The competent authority shall make its decision pursuant to paragraph 2 within th
Amendment 224 #
Proposal for a directive Article 1 – point 4 – point b Directive 2011/92/EU 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
Amendment 225 #
Proposal for a directive Article 1 – point 4 – point b Directive 2011/92/EU 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
Amendment 226 #
Proposal for a directive Article 1 – point 4 – point b Directive 2011/92/EU 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 further extend that deadline
Amendment 227 #
Proposal for a directive Article 1 – point 4 – point b Directive 2011/92/EU Article 4 – paragraph 6 – subparagraph 1 6.
Amendment 228 #
Proposal for a directive Article 1 – point 4 – point b Directive 2011/92/EU Article 4 – paragraph 6 – subparagraph 1 6. The competent authority shall make its decision pursuant to paragraph 2 within
Amendment 229 #
Proposal for a directive Article 1 – point 4 – point b Directive 2011/92/EU Article 1 – paragraph 6 – subparagraph 1 6. The competent authority shall make its decision pursuant to paragraph 2 within three months from the request for development and/or additions to the project 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
Amendment 230 #
Proposal for a directive Article 1 – point 4 – point b Directive 2011/92/EU 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
Amendment 231 #
Proposal for a directive Article 1 – point 4 – point b Directive 2011/92/EU Article 4 – paragraph 6 – subparagraph 1 a (new) The detailed arrangements for the submission by the developer of all requisite information shall be determined by the Member States.
Amendment 232 #
Proposal for a directive Article 1 – point 4 – point b Directive 2011/92/EU Article 4 – paragraph 6 – subparagraph 2 Amendment 233 #
Proposal for a directive Article 1 – point 4 – point b Directive 2011/92/EU Article 4– paragraph 6 – subparagraph 2 Amendment 234 #
Proposal for a directive Article 1 – point 5 Directive 2011/92/EU Article 5 – paragraph 1 1. Whe
Amendment 235 #
Proposal for a directive Article 1 – point 5 Directive 2011/92/EU 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, a
Amendment 236 #
Proposal for a directive Article 1 – point 5 Directive 2011/92/EU 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
Amendment 237 #
Proposal for a directive Article 1 – point 5 Directive 2011/92/EU 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
Amendment 238 #
Proposal for a directive Article 1 – point 5 Directive 2011/92/EU 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
Amendment 239 #
Proposal for a directive Article 1 – point 5 Directive 2011/92/EU 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
Amendment 240 #
Proposal for a directive Article 1 – point 5 Directive 2011/92/EU 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
Amendment 241 #
Proposal for a directive Article 1 – point 5 Directive 2011/92/EU 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
Amendment 242 #
Proposal for a directive Article 1 – point 5 Directive 2011/92/EU 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
Amendment 243 #
Proposal for a directive Article 1 – point 5 Directive 2011/92/EU 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, including a visual impact assessment when relevant, taking into account current
Amendment 244 #
Proposal for a directive Article 1 – point 5 Directive 2011/92/EU 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, a
Amendment 245 #
Proposal for a directive Article 1 – point 5 Directive 2011/92/EU 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 the initial emission 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
Amendment 246 #
Proposal for a directive Article 1 – point 5 Directive 2011/92/EU 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
Amendment 247 #
Proposal for a directive Article 1 – point 5 Directive 2011/92/EU Article 5 – paragraph 1 – subparagraph 1 a (new) Relevant information available on environmental effects of projects and obtained at other levels of decision- making or through other Union legislation may be used for providing the information and assessments referred to in Annex IV.
Amendment 248 #
Proposal for a directive Article 1 – point 5 Directive 2011/92/EU Article 5 – paragraph 2 Amendment 249 #
Proposal for a directive Article 1 – point 5 Directive 2011/92/EU Article 5 – paragraph 2 2. Member States shall take the necessary measures to ensure that, if the developer so requests before submitting an application for development consent, the competent authority shall give an opinion on the information to be supplied by the developer in accordance with paragraph 1. The competent authority
Amendment 250 #
Proposal for a directive Article 1 – point 5 Directive 2011/92/EU Article 5 – paragraph 2 – subparagraph 1 – introductory part 2.
Amendment 251 #
Proposal for a directive Article 1 – point 5 Directive 2011/92/EU Article 5 – paragraph 2 – subparagraph 1 – introductory part 2.
Amendment 252 #
Proposal for a directive Article 1 – point 5 2.
Amendment 253 #
Proposal for a directive Article 1 – point 5 Directive 2011/92/EU Article 5 – paragraph 2 – subparagraph 1 – introductory part 2.
Amendment 254 #
Proposal for a directive Article 1 – point 5 Directive 2011/92/EU 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
Amendment 255 #
Proposal for a directive Article 1 – point 5 Directive 2011/92/EU 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 256 #
Proposal for a directive Article 1 – point 5 Directive 2011/92/EU 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
Amendment 257 #
Proposal for a directive Article 1 – point 5 Directive 2011/92/EU 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 258 #
Proposal for a directive Article 1 – point 5 Directive 2011/92/EU Article 5 – paragraph 2 – subparagraph 1 – introductory part 2. The competent authority
Amendment 259 #
Proposal for a directive Article 1 – point 5 Directive 2011/92/EU Article 5 – paragraph 2 – subparagraph 1 – introductory part 2. The competent authority, after having consulted the authorities referred to in Article 6(1)
Amendment 260 #
Proposal for a directive Article 1 – point 5 Directive 2011/92/EU Article 5 – paragraph 2 – subparagraph 1 – point a Amendment 261 #
Proposal for a directive Article 1 – point 5 Directive 2011/92/EU Article 5 – paragraph 2 – subparagraph 1 – point a Amendment 262 #
Proposal for a directive Article 1 – point 5 Directive 2011/92/EU Article 5 – paragraph 2 – subparagraph 1 – point b Amendment 263 #
Proposal for a directive Article 1 – point 5 Directive 2011/92/EU Article 5 – paragraph 2 – subparagraph 1 – point c Amendment 264 #
Proposal for a directive Article 1 – point 5 Directive 2011/92/EU Article 5 – paragraph 2 – subparagraph 1 – point c Amendment 265 #
Proposal for a directive Article 1 – point 5 Directive 2011/92/EU Article 5 – paragraph 2 – subparagraph 1 – point c Amendment 266 #
Proposal for a directive Article 1 – point 5 Directive 2011/92/EU Article 5 – paragraph 2 – subparagraph 1 – point c (c) the individual stages of the procedure and binding timeframes for their duration;
Amendment 267 #
Proposal for a directive Article 1 – point 5 Directive 2011/92/EU Article 5 – paragraph 2 – subparagraph 1 – point c (c) the individual stages of the procedure and binding time-frames with regard to their duration;
Amendment 268 #
Proposal for a directive Article 1 – point 5 Directive 2011/92/EU Article 5 – paragraph 2 – subparagraph 1 – point d Amendment 269 #
Proposal for a directive Article 1 – point 5 Amendment 270 #
Proposal for a directive Article 1 – point 5 Directive 2011/92/EU Article 5 – paragraph 2 – subparagraph 1 – point d Amendment 271 #
Proposal for a directive Article 1 – point 5 Directive 2011/92/EU Article 5 – paragraph 2 – subparagraph 1 – point d Amendment 272 #
Proposal for a directive Article 1 – point 5 Directive 2011/92/EU Article 5 – paragraph 2 – subparagraph 1 – point d Amendment 273 #
Proposal for a directive Article 1 – point 5 Directive 2011/92/EU Article 5 – paragraph 2 – subparagraph 1 – point d (d)
Amendment 274 #
Proposal for a directive Article 1 – point 5 Directive 2011/92/EU Article 5 – paragraph 2 – subparagraph 1 – point d (d)
Amendment 275 #
Proposal for a directive Article 1 – point 5 Directive 2011/92/EU Article 5 – paragraph 2 – subparagraph 1 – point d (d) reasonable alternatives relevant to the proposed project
Amendment 276 #
Proposal for a directive Article 1 – point 5 Directive 2011/92/EU Article 5 – paragraph 2 – subparagraph 1 – point d (d) reasonable alternatives relevant to the proposed project and its specific characteristics, which do not entail the carrying out of a new project or one parallel to the main project; the idea is to propose alternatives to those areas of the proposed project which present problems or might cause it to fail the environmental impact assessment;
Amendment 277 #
Proposal for a directive Article 1 – point 5 Directive 2011/92/EU 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 278 #
Proposal for a directive Article 1 – point 5 Directive 2011/92/EU Article 5 – paragraph 2 – subparagraph 1 – point e Amendment 279 #
Proposal for a directive Article 1 – point 5 Directive 2011/92/EU Article 5 – paragraph 2 – subparagraph 1 – point e Amendment 280 #
Proposal for a directive Article 1 – point 5 Directive 2011/92/EU Article 5 – paragraph 2 – subparagraph 1 – point f Amendment 281 #
Proposal for a directive Article 1 – point 5 Directive 2011/92/EU Article 5 – paragraph 2 – subparagraph 1 – point f Amendment 282 #
Proposal for a directive Article 1 – point 5 Directive 2011/92/EU Article 5 – paragraph 2 – subparagraph 1 – point f Amendment 283 #
Proposal for a directive Article 1 – point 5 Directive 2011/92/EU Article 5 – paragraph 2 – subparagraph 1 – point f Amendment 284 #
Proposal for a directive Article 1 – point 5 Directive 2011/92/EU Article 5 – paragraph 2 – subparagraph 1 – point f Amendment 285 #
Proposal for a directive Article 1 – point 5 Directive 2011/92/EU Article 5 – paragraph 2 – subparagraph 1 – point g Amendment 286 #
Proposal for a directive Article 1 – point 5 (g)
Amendment 287 #
Proposal for a directive Article 1 – point 5 Directive 2011/92/EU Article 5 – paragraph 2 – subparagraph 2 The competent authority may
Amendment 288 #
Proposal for a directive Article 1 – point 5 Directive 2011/92/EU Article 5 – paragraph 2 – subparagraph 2 Amendment 289 #
Proposal for a directive Article 1 – point 5 Directive 2011/92/EU Article 5 – paragraph 2 – subparagraph 2 The competent authority may also seek assistance from
Amendment 290 #
Proposal for a directive Article 1 – point 5 Directive 2011/92/EU Article 5 – paragraph 2 – subparagraph 2 The competent authority may also seek assistance from
Amendment 291 #
Proposal for a directive Article 1 – point 5 Directive 2011/92/EU Article 5 – paragraph 2 – subparagraph 2 The competent authority may also seek assistance from
Amendment 292 #
Proposal for a directive Article 1 – point 5 Directive 2011/92/EU 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
Amendment 293 #
Proposal for a directive Article 1 – point 5 Directive 2011/92/EU Article 5 – paragraph 2 – subparagraph 2 a (new) Member States may require the competent authorities to give such an opinion, irrespective of whether the developer so requests.
Amendment 294 #
Proposal for a directive Article 1 – point 5 Directive 2011/92/EU Article 5 – paragraph 3 – subparagraph 1 – introductory part To guarantee the completeness and sufficient quality of the environmental report
Amendment 295 #
Proposal for a directive Article 1 – point 5 Directive 2011/92/EU Article 5 – paragraph 3 – subparagraph 1 – point a Amendment 296 #
Proposal for a directive Article 1 – point 5 (a) the developer shall ensure that the environmental report is prepared by
Amendment 297 #
Proposal for a directive Article 1 – point 5 Directive 2011/92/EU Article 5 – paragraph 3 – subparagraph 1 – point a (a) the developer shall ensure that the environmental report is prepared by
Amendment 298 #
Proposal for a directive Article 1 – point 5 (a) the developer shall ensure that the environmental report is prepared by
Amendment 299 #
Proposal for a directive Article 1 – point 5 Directive 2011/92/EU Article 5 – paragraph 3 – subparagraph 1 – point a (a) the developer shall ensure that the environmental report is prepared by
Amendment 300 #
Proposal for a directive Article 1 – point 5 Directive 2011/92/EU Article 5 – paragraph 3 – subparagraph 1 – point a (a) the developer shall ensure that the environmental report is prepared by
Amendment 301 #
Proposal for a directive Article 1 – point 5 Directive 2011/92/EU Article 5 – paragraph 3 – subparagraph 1 – point a (a) the developer shall ensure that the environmental report is prepared by
Amendment 302 #
Proposal for a directive Article 1 – point 5 Directive 2011/92/EU Article 5 – paragraph 3 – subparagraph 1 – point a (a) the developer shall ensure that the environmental report is prepared by
Amendment 303 #
Proposal for a directive Article 1 – point 5 Directive 2011/92/EU Article 5 – paragraph 3 – subparagraph 1 – point a (a) the developer shall ensure that the environmental report is prepared by
Amendment 304 #
Proposal for a directive Article 1 – point 5 Directive 2011/92/EU 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 305 #
Proposal for a directive Article 1 – point 5 Directive 2011/92/EU Article 5 – paragraph 3 – subparagraph 1 – point b Amendment 306 #
Proposal for a directive Article 1 – point 5 Directive 2011/92/EU Article 5 – paragraph 3 – subparagraph 1 – point b (b) if deemed necessary due to obvious technical deficiencies in the environmental report, the competent authority shall ensure that the environmental report is verified by
Amendment 307 #
Proposal for a directive Article 1 – point 5 Directive 2011/92/EU Article 5 – paragraph 3 – subparagraph 1 – point b (b) the competent authority shall ensure that the environmental report is verified by
Amendment 308 #
Proposal for a directive Article 1 – point 5 Directive 2011/92/EU Article 5 – paragraph 3 – subparagraph 1 – point b (b) the competent authority shall ensure that the environmental report is verified by
Amendment 309 #
Proposal for a directive Article 1 – point 5 Directive 2011/92/EU Article 5 – paragraph 3 – subparagraph 1 – point b (b) the competent authority shall ensure that the environmental report is verified by
Amendment 310 #
Proposal for a directive Article 1 – point 5 Directive 2011/92/EU Article 5 – paragraph 3 – subparagraph 1 – point b (b) the competent authority shall ensure that the environmental report is verified by
Amendment 311 #
Proposal for a directive Article 1 – point 5 Directive 2011/92/EU Article 5 – paragraph 3 – subparagraph 1 – point b (b) the competent authority shall ensure that the environmental report is verified by
Amendment 312 #
Proposal for a directive Article 1 – point 5 Directive 2011/92/EU Article 5 – paragraph 3 – subparagraph 1 – point b (b) the competent authority shall ensure that the environmental report is verified by
Amendment 313 #
Proposal for a directive Article 1 – point 5 Directive 2011/92/EU Article 5 – paragraph 3 – subparagraph 1 – point b (b) the competent authority shall ensure that the environmental report is verified by
Amendment 314 #
Proposal for a directive Article 1 – point 5 Directive 2011/92/EU 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 315 #
Proposal for a directive Article 1 – point 5 Directive 2011/92/EU 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 316 #
Proposal for a directive Article 1 – point 5 Directive 2011/92/EU Article 5 – paragraph 3 – subparagraph 2 Amendment 317 #
Proposal for a directive Article 1 – point 5 Directive 2011/92/EU Article 5 – paragraph 3 – subparagraph 2 Where
Amendment 318 #
Proposal for a directive Article 1 – point 5 Directive 2011/92/EU Article 5 – paragraph 3 – subparagraph 2 Where
Amendment 319 #
Proposal for a directive Article 1 – point 5 Directive 2011/92/EU Article 5 – paragraph 3 – subparagraph 2 Where
Amendment 320 #
Proposal for a directive Article 1 – point 5 Directive 2011/92/EU Article 5 – paragraph 3 – subparagraph 2 Where
Amendment 321 #
Proposal for a directive Article 1 – point 5 Directive 2011/92/EU Article 5 – paragraph 3 – subparagraph 2 Where
Amendment 322 #
Proposal for a directive Article 1 – point 5 Directive 2011/92/EU Article 5 – paragraph 3 – subparagraph 2 Where
Amendment 323 #
Proposal for a directive Article 1 – point 5 Directive 2011/92/EU Article 5 – paragraph 3 – subparagraph 2 Where
Amendment 324 #
Proposal for a directive Article 1 – point 5 Directive 2011/92/EU Article 5 – paragraph 3 – subparagraph 3 Amendment 325 #
Proposal for a directive Article 1 – point 5 Directive 2011/92/EU Article 5 – paragraph 3 – subparagraph 3 Amendment 326 #
Proposal for a directive Article 1 – point 5 Directive 2011/92/EU Article 5 – paragraph 3 – subparagraph 3 Amendment 327 #
Proposal for a directive Article 1 – point 5 Directive 2011/92/EU Article 5 – paragraph 3 – subparagraph 3 The detailed arrangements for the use and selection of
Amendment 328 #
Proposal for a directive Article 1 – point 5 Directive 2011/92/EU Article 1 – paragraph 3 – subparagraph 3 The detailed arrangements for the use and selection of accredited
Amendment 329 #
Proposal for a directive Article 1 – point 5 Directive 2011/92/EU Article 5 – paragraph 3 – subparagraph 3 The detailed arrangements for the use and selection of
Amendment 330 #
Proposal for a directive Article 1 – point 5 Directive 2011/92/EU 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 331 #
Proposal for a directive Article 1 – point 5 Directive 2011/92/EU 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
Amendment 332 #
Proposal for a directive Article 1 – point 5 Directive 2011/92/EU 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 333 #
Proposal for a directive Article 1 – point 6 – point -a (new) Directive 2011/92/EU Article 6 – paragraph -1 (new) (-a) the following paragraph -1 is added: “-1. The public shall have the right to request an environmental impact assessment of a given project considered to be a matter of concern, to that end employing active participation arrangements involving residents, local authorities, or NGOs in particular. Member States shall take the necessary measures, and establish the conditions required, in order to give effect to that right.”
Amendment 334 #
Proposal for a directive Article 1 – point 6 – point -a (new) Directive 2011/92/EU Article 6 – paragraph 1 (-a) paragraph 1 is replaced by the following: "1. Member States shall take the measures necessary to ensure that the authorities likely to be concerned by the project by reason of their specific environmental responsibilities or local jurisdiction are given an opportunity to express their opinion on the information supplied by the developer and on the request for development consent. To that end, Member States shall designate the authorities to be consulted, either in general terms or on a case-by-case basis. The information gathered pursuant to Article 5 shall be forwarded to those authorities. Detailed arrangements for consultation shall be laid down by the Member States."
Amendment 335 #
Proposal for a directive 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) Directive 2011/92/EU 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 337 #
Proposal for a directive Article 1 – point 6 – point -a a (new) Directive 2011/92/EU Article 6 – paragraph 3 – subparagraph 1 a (new) (-aa) in paragraph 3, the following subparagraph is added: "Requests for access to the information referred to in this paragraph shall be handled in accordance with Articles 3, 4 and 5 of Directive 2003/4/EC of the European Parliament and of the Council."
Amendment 338 #
Proposal for a directive Article 1 – point 6 – point -a b (new) Directive 2011/92/EU 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), through its relationship with the competent authority or authorities. The latter, during the decision-making process, are required to report the comments and opinions that the public is entitled to express when all options are open before the decision on the request for development consent is taken."
Amendment 339 #
Proposal for a directive Article 1 – point 6 – point -a b (new) Directive 2011/92/EU 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) Directive 2011/92/EU 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 341 #
Proposal for a directive Article 1 – point 6 – point a Directive 2011/92/EU Article 6 – paragraph 6 – introductory part Amendment 342 #
Proposal for a directive Article 1 – point 6 – point a Directive 2011/92/EU Article 6 – paragraph 6 – introductory part Amendment 343 #
Proposal for a directive Article 1 – point 6 – point a Directive 2011/92/EU Article 6 – paragraph 6 – point b (b) for the authorities referred to in Article 6(1) and the public concerned to prepare and participate effectively in the environmental
Amendment 344 #
Proposal for a directive Article 1 – point 6 – point b Directive 2011/92/EU Article 6 – paragraph 7 Amendment 345 #
Proposal for a directive Article 1 – point 6 – point b Directive 2011/92/EU Article 6 – paragraph 7 Amendment 346 #
Proposal for a directive Article 1 – point 6 – point b Directive 2011/92/EU 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.
Amendment 347 #
Proposal for a directive Article 1 – point 6 – point b Directive 2011/92/EU 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
Amendment 348 #
Proposal for a directive Article 1 – point 6 – point b a (new) Directive 2011/92/EU Article 6 – paragraph 7 a (new) (ba) the following paragraph 7a shall be inserted: "7a. Alternatives to proposed projects in cases deemed relevant by the law must, in the solutions they seek, endeavour to involve the owners of the land concerned in the case of private land, and the habitual users of the land concerned in the case of public land."
Amendment 349 #
Proposal for a directive Article 1 – point 8 Directive 2011/92/EU Article 8 – paragraph -1 a (new) -1a. Member States shall take the necessary measures to provide that projects are constructed and operated in accordance with the following principles: (a) all appropriate preventive measures are taken against pollution and no significant pollution is caused; (b) the best available techniques are applied and natural resources and energy are used efficiently; (c) the generation of waste is prevented and, where waste is generated, it is, in order of priority and in accordance with Directive 2008/98/EC, prepared for re- use, recycled, recovered or, where that is technically and economically impossible, it is disposed of while avoiding or reducing any impact on the environment; (d) the necessary measures are taken to prevent accidents and limit their consequences; (e) the necessary measures are taken upon definitive cessation of activities to avoid any risk of pollution and return the site of operation to a satisfactory state. Where an environmental quality standard requires stricter conditions than those achievable by the use of the best available techniques, additional measures shall be included in the development consent, without prejudice to other measures which may be taken to comply with environmental quality standards.
Amendment 350 #
Proposal for a directive Article 1 – point 8 Directive 2011/92/EU Article 8 – paragraph -1 a (new) Amendment 351 #
Proposal for a directive Article 1 – point 8 Directive 2011/92/EU Article 8 – paragraph 1 – introductory part 1. The results of consultations and the information gathered pursuant to Articles 5, 6 and 7 shall be
Amendment 352 #
Proposal for a directive Article 1 – point 8 Directive 2011/92/EU Article 8 – paragraph 1 – introductory part 1. The results of consultations and the information gathered pursuant to Articles 5, 6 and 7 shall be
Amendment 353 #
Proposal for a directive Article 1 – point 8 Directive 2011/92/EU 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 consideration in the development consent procedure. T
Amendment 354 #
Proposal for a directive Article 1 – point 8 (a)
Amendment 355 #
Proposal for a directive Article 1 – point 8 Directive 2011/92/EU Article 8 – paragraph 1 – point a (a) results of the environmental assessment
Amendment 356 #
Proposal for a directive Article 1 – point 8 Directive 2011/92/EU Article 8 – paragraph 1 – point a (a) the results of the environmental assessment
Amendment 357 #
Proposal for a directive Article 1 – point 8 Directive 2011/92/EU 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 358 #
Proposal for a directive Article 1 – point 8 Directive 2011/92/EU Article 8 – paragraph 1 – point b (b) the main reasons for
Amendment 359 #
Proposal for a directive Article 1 – point 8 Directive 2011/92/EU Article 8 – paragraph 1 – point b (b) ) the main reasons for choosing the project as adopted, in the light of the other alternatives considered
Amendment 360 #
Proposal for a directive Article 1 – point 8 Directive 2011/92/EU Article 8 – paragraph 1 – point b (b) the main reasons for choosing the project as adopted, in the light of the other alternatives considered
Amendment 361 #
Proposal for a directive Article 1 – point 8 Directive 2011/92/EU Article 8 – paragraph 1 – point b (b)
Amendment 362 #
Proposal for a directive Article 1 – point 8 Directive 2011/92/EU Article 8 – paragraph 1 – point b (b) the main reasons for choosing the project as adopted, in the light of the
Amendment 363 #
Proposal for a directive Article 1 – point 8 Directive 2011/92/EU Article 8 – paragraph 1 – point c Amendment 364 #
Proposal for a directive Article 1 – point 8 Directive 2011/92/EU Article 8 – paragraph 1 – point c Amendment 365 #
Proposal for a directive Article 1 – point 8 Directive 2011/92/EU Article 8 – paragraph 1 – point c Amendment 366 #
Proposal for a directive Article 1 – point 8 Directive 2011/92/EU Article 8 – paragraph 1 – point d –subparagraph 1 (d) a statement summarising how environmental considerations have been integrated into the development consent
Amendment 367 #
Proposal for a directive Article 1 – point 8 Directive 2011/92/EU Article 8 – paragraph 1 – point d – subparagraph 2 Amendment 368 #
Proposal for a directive Article 1 – point 8 Directive 2011/92/EU 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 369 #
Proposal for a directive Article 1 – point 8 Directive 2011/92/EU Article 8 – paragraph 2 Amendment 370 #
Proposal for a directive Article 1 – point 8 Directive 2011/92/EU Article 8 – paragraph 2 – subparagraph 1 2. If in light of the consultations and the information gathered pursuant to Articles 5, 6 and 7 the competent authority concludes that a project will have significant adverse
Amendment 371 #
Proposal for a directive Article 1 – point 8 Directive 2011/92/EU Article 8 – paragraph 2 – subparagraph 1 1.
Amendment 372 #
Proposal for a directive Article 1 – point 8 Directive 2011/92/EU 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
Amendment 373 #
Proposal for a directive Article 1 – point 8 Directive 2011/92/EU 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,
Amendment 374 #
Proposal for a directive Article 1 – point 8 Directive 2011/92/EU 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 375 #
Proposal for a directive Article 1 – point 8 Directive 2011/92/EU Article 8 – paragraph 2 – subparagraph 1 a (new) The detailed arrangements for this revision shall be determined by the Member States.
Amendment 376 #
Proposal for a directive Article 1 – point 8 Directive 2011/92/EU Article 8 – paragraph 2 – subparagraph 2 Amendment 377 #
Proposal for a directive Article 1 – point 8 Directive 2011/92/EU 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
Amendment 378 #
Proposal for a directive Article 1 – point 8 Directive 2011/92/EU Article 8 – paragraph 2 – subparagraph 2 If the competent authority decides to grant development consent, it shall
Amendment 379 #
Proposal for a directive Article 1 – point 8 Directive 2011/92/EU Article 8 – paragraph 2 – subparagraph 2 If the competent authority decides to grant development consent, it shall
Amendment 380 #
Proposal for a directive Article 1 – point 8 Directive 2011/92/EU Article 8 – paragraph 2 – subparagraph 2 If the competent authority decides to grant development consent, it shall
Amendment 381 #
Proposal for a directive Article 1 – point 8 Directive 2011/92/EU 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 382 #
Proposal for a directive Article 1 – point 8 Directive 2011/92/EU 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 383 #
Proposal for a directive Article 1 – point 8 Directive 2011/92/EU Article 8 – paragraph 2 – subparagraph 3 Amendment 384 #
Proposal for a directive Article 1 – point 8 Directive 2011/92/EU Article 8 – paragraph 2 – subparagraph 3 The type of parameters to be monitored and the duration of the monitoring shall be consistent with prescriptions resulting from other Union legislation and shall be proportionate to the nature, location and size of the proposed project and the significance of its environmental effects.
Amendment 385 #
Proposal for a directive Article 1 – point 8 Directive 2011/92/EU Article 8 – paragraph 2 – subparagraph 3 The type of parameters to be monitored and the duration of the monitoring shall be consistent with the requirements arising from other Union legislation and proportionate to the nature, location and size of the proposed project and the significance of its environmental effects.
Amendment 386 #
Proposal for a directive Article 1 – point 8 Directive 2011/92/EU 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 387 #
Proposal for a directive Article 1 – point 8 Directive 2011/92/EU Article 8 – paragraph 2 – subparagraph 4 Amendment 388 #
Proposal for a directive Article 1 – point 8 Directive 2011/92/EU Article 8 – paragraph 2 – subparagraph 4 Amendment 389 #
Proposal for a directive Article 1 – point 8 Directive 2011/92/EU Article 8 – paragraph 2 – subparagraph 4 Amendment 390 #
Proposal for a directive Article 1 – point 8 Directive 2011/92/EU Article 8 – paragraph 2 – subparagraph 4 Existing monitoring arrangements including those resulting from other Union legislation or national legislation may be used if appropriate.
Amendment 391 #
Proposal for a directive Article 1 – point 8 Directive 2011/92/EU Article 8 – paragraph 3 Amendment 392 #
Proposal for a directive Article 1 – point 8 Directive 2011/92/EU Article 8 – paragraph 3 Amendment 393 #
Proposal for a directive Article 1 – point 8 Directive 2011/92/EU Article 8 – paragraph 3 – subparagraph 1 Amendment 394 #
Proposal for a directive Article 1 – point 8 Directive 2011/92/EU 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,
Amendment 395 #
Proposal for a directive Article 1 – point 8 Directive 2011/92/EU Article 8 – paragraph 3 – subparagraph 1 3.
Amendment 396 #
Proposal for a directive Article 1 – point 8 Directive 2011/92/EU 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,
Amendment 397 #
Proposal for a directive Article 1 – point 8 Directive 2011/92/EU 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
Amendment 398 #
Proposal for a directive Article 1 – point 8 Directive 2011/92/EU Article 8 – paragraph 3 – subparagraph 2 Amendment 399 #
Proposal for a directive Article 1 – point 8 Directive 2011/92/EU Article 8 – paragraph 3 – subparagraph 2 Amendment 400 #
Proposal for a directive Article 1 – point 8 Directive 2011/92/EU Article 8 – paragraph 3 – subparagraph 2 Amendment 401 #
Proposal for a directive Article 1 – point 8 Directive 2011/92/EU 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
Amendment 402 #
Proposal for a directive Article 1 – point 8 Directive 2011/92/EU 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
Amendment 403 #
Proposal for a directive Article 1 – point 8 Directive 2011/92/EU 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
Amendment 404 #
Proposal for a directive Article 1 – point 8 Amendment 405 #
Proposal for a directive Article 1 – point 8 Directive 2011/92/EU Article 8 – paragraph 4 Amendment 406 #
Proposal for a directive Article 1 – point 8 Directive 2011/92/EU Article 8 – paragraph 4 Amendment 407 #
Proposal for a directive Article 1 – point 8 Directive 2011/92/EU Article 8 – paragraph 4 Amendment 408 #
Proposal for a directive Article 1 – point 8 Directive 2011/92/EU 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 409 #
Proposal for a directive 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 410 #
Proposal for a directive Article 1 – point 8 Directive 2011/92/EU Article 8 – paragraph 4 a (new) 4a. In taking the decision referred to in this Article, the competent authority may also call on accredited and technically competent independent experts. The arrangements for paying these experts shall be determined by the Member States and shall ensure that the developer also contributes towards paying for the services of these experts. The competent authority may not call on the same accredited and technically competent experts who helped the developer compile the environmental impact report.
Amendment 411 #
Proposal for a directive Article 1 – point 9 – point a Directive 2011/92/EU 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, in accordance with the
Amendment 412 #
Proposal for a directive Article 1 – point 9 – point a Directive 2011/92/EU 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 413 #
Proposal for a directive Article 1 – point 9 – point a Directive 2011/92/EU 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 414 #
Proposal for a directive Article 1 – point 9 – point a Directive 2011/92/EU Article 9 – paragraph 1 – point a Amendment 415 #
Proposal for a directive Article 1 – point 9 – point a Directive 2011/92/EU Article 9 – paragraph 1 – point b Amendment 416 #
Proposal for a directive Article 1 – point 9 – point a Directive 2011/92/EU Article 9 – paragraph 1 – point b (b) having examined the environmental report
Amendment 417 #
Proposal for a directive Article 1 – point 9 – point a Directive 2011/92/EU Article 9 – paragraph 1 – point b (b) having examined the environmental report and the concerns and opinions expressed by the public concerned, the main reasons and considerations on which the decision is based, including information about how comments received through the public participation process
Amendment 418 #
Proposal for a directive Article 1 – point 9 – point a Amendment 419 #
Proposal for a directive Article 1 – point 9 – point a Directive 2011/92/EU Article 9 – paragraph 1 – point d Amendment 420 #
Proposal for a directive Article 1 – point 9 – point a Directive 2011/92/EU Article 9 – paragraph 1 – point d a (new) (da) the right for the public concerned to initiate legal proceedings pursuant to Article 11.
Amendment 421 #
Proposal for a directive Article 1 – point 9 – point b Directive 2011/92/EU Article 9 – paragraph 3 Amendment 422 #
Proposal for a directive Article 1 – point 9 – point b Directive 2011/92/EU Article 9 – paragraph 3 Amendment 423 #
Proposal for a directive Article 1 – point 9 – point b Directive 2011/92/EU Article 9 – paragraph 3 Amendment 424 #
Proposal for a directive Article 1 – point 9 a (new) Directive 2011/92/EU 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 425 #
Proposal for a directive Article 1 – point 9 a (new) Directive 2011/92/EU Article 11 – paragraph 3 (9a) Article 11, paragraph 3 is replaced by the following: "3. What constitutes a sufficient interest and impairment of a right shall be determined by the Member States, consistently with the objective of giving the public concerned wide access to justice. To that end, the interest of any non-governmental organisation meeting the requirements referred to in Article 1(2), which: (a) has an office based in the territory affected by the decisions, acts or omissions subject to the provisions of Article 6, and (b) meets the requirements of national law, shall be deemed sufficient for the purpose of point (a) of paragraph 1 of this Article. Such organisations shall also be deemed to have rights capable of being impaired for the purpose of point (b) of paragraph 1 of this Article."
Amendment 426 #
Proposal for a directive Article 1 – point 9 b (new) Directive 2011/92/EU 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 427 #
Proposal for a directive Article 1 – point 9 a (new) Directive 2011/92/EU Article 11 – paragraphs 5 a (new) and 5 b(new) Amendment 428 #
Proposal for a directive Article 1 – point 10 Directive 2011/92/EU Article 12 – paragraph 2 – introductory part In particular,
Amendment 429 #
Proposal for a directive Article 1 – point 10 Directive 2011/92/EU Article 12 – paragraph 2 – point a Amendment 430 #
Proposal for a directive Article 1 – point 10 Directive 2011/92/EU Article 12 – paragraph 2 – point b Amendment 431 #
Proposal for a directive Article 1 – point 10 Directive 2011/92/EU Article 12 – paragraph 2 – point c Amendment 432 #
Proposal for a directive Article 1 – point 10 Directive 2011/92/EU Article 12 – paragraph 2 – point d Amendment 433 #
Proposal for a directive Article 1 – point 10 Directive 2011/92/EU Article 12 – paragraph 2 – point e Amendment 434 #
Proposal for a directive Article 1 – point 10 Directive 2011/92/EU Article 12 – paragraph 2 – point f Amendment 435 #
Proposal for a directive Article 1 – point 10 Directive 2011/92/EU Article 12 – paragraph 2 – point f Amendment 436 #
Proposal for a directive Article 1 – point 11 Directive 2011/92/EU Articles 12 a and 12b Amendment 437 #
Proposal for a directive Article 1 – point 11 Directive 2011/92/EU Articles 12a and 12b Amendment 438 #
Proposal for a directive Article 1 – point 11 Directive 2011/92/EU Articles 12 a and 12b Amendment 439 #
Proposal for a directive Article 1 – point 11 Directive 2011/92/EU Articles 12a and 12b Amendment 440 #
Proposal for a directive Article 1 – point 11 Directive 2011/92/EU Articles 12a and 12b Amendment 441 #
Proposal for a directive Article 1 – point 11 Directive 2011/92/EU Article 12 b – paragraph 5 a (new) Amendment 442 #
Proposal for a directive Article 2 – paragraph 1 – subparagraph 1 Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [
Amendment 443 #
Proposal for a directive Article 2 – paragraph 1 – subparagraph 1 Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [DATE] at the latest. They shall forthwith communicate to the
Amendment 444 #
Proposal for a directive Article 2 – paragraph 2 Amendment 445 #
Proposal for a directive Article 3 Amendment 446 #
Proposal for a directive Article 3 Amendment 447 #
Proposal for a directive 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)
Amendment 448 #
Proposal for a directive Article 3 Projects for which the request for development consent was introduced
Amendment 449 #
Proposal for a directive Article 3 Projects for which the request for development consent was introduced
Amendment 450 #
Proposal for a directive 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)
Amendment 451 #
Proposal for a directive 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 not be subject to the obligations referred to in Articles 3 to 11 of Directive 2011/92/EU as amended by this Directive.
Amendment 452 #
Proposal for a directive 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
Amendment 453 #
Proposal for a directive Article 3 Amendment 454 #
Proposal for a directive 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
Amendment 455 #
Proposal for a directive 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
Amendment 456 #
Proposal for a directive Annex – point -1 (new) Directive 2011/92/EU Annex I – point 7 – point a (-1) In point 7 of Annex I, point (a) is replaced by the following: ‘(a) construction of lines for long- distance railway traffic and of airports [...]’
Amendment 457 #
Proposal for a directive Annex – point -1 a (new) Directive 2011/92/EU Annex I – point 7 – point a a (new) (-1a) The following point is added to point 7 of Annex I: ‘(aa) establishment of arrival and departure routes to/from the route network connection.’
Amendment 458 #
Proposal for a directive Annex – point -1 (new) Directive 2011/92/EU Annex I – point 14 (-1) In Annex I, point 14 shall be replaced by the following: "14. Extraction of petroleum [...] for commercial purposes where the amount extracted exceeds 500 tonnes/day, and extraction of natural gas for commercial purposes."
Amendment 459 #
Proposal for a directive Annex – point -1 (new) (-1) Point 14 of the Annex is replaced by the following: "14. Extraction of petroleum and natural gas for commercial purposes where the amount extracted exceeds 500 tonnes/day in the case of petroleum and 500 000 m3/day in the case of gas, or regardless of the amount extracted where hydraulic fracturing technology is used.";
Amendment 460 #
Proposal for a directive Annex – point -1 (new) Directive 2011/92/EU Annex I – point 14 (-1) In Annex I, point 14 is replaced by the following: "14. Extraction of petroleum and natural gas for commercial purposes, also where extracted from gas-bearing strata of shale or in other sedimentary rock formations of equal or lesser permeability and porosity, where the amount extracted exceeds 500 tonnes/day in the case of petroleum and 500000 cubic metres/day in the case of gas."
Amendment 461 #
Proposal for a directive Annex – point -1 (new) Directive 2011/92/EU 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 462 #
Proposal for a directive Annex 1 – point -1 (new) Directive 2011/92/EU Annex 1 – point 14 a (new) (-1) The following point is added to point 14(a) of Annex I: ‘14(a). Exploration, development and extraction of non-conventional hydrocarbons in shale rock layers and similar geological formations with low permeability by means of hydraulic fracturing, irrespective of the quantity extracted.’
Amendment 463 #
Proposal for a directive Annex – point -1 (new) Directive 2011/92/EU Annex I – point 14 a (new) (-1) In Annex I, the following point 14a is added: "(14a) Exploration, evaluation, hydraulic fracturing and extraction of petroleum and/or natural gas trapped in gas-bearing strata of shale or in other sedimentary rock formations of equal or lesser permeability and porosity, regardless of the amount extracted ."
Amendment 464 #
Proposal for a directive Annex – point -1 (new) Directive 2011/92/EU 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 465 #
Proposal for a directive Annex –point -1 a (new) Directive 2011/92/EU Annex I – point 19 (- 1a) In Annex I, point 19 is replaced by the following: "19. Quarries and open-cast mining where the surface of the site exceeds 25 hectares, gold mines which use processes involving cyanide ponds, or peat extraction, where the surface of the site exceeds 150 hectares."
Amendment 466 #
Proposal for a directive Annex – point -1 b (new) Directive 2011/92/EU Annex I – point 20 (-1b) In Annex I, point 20 is replaced by the following: "20. Construction, modification or extension of overhead, underground or combined overhead and underground electrical power lines, and/or upgrading of such lines of a voltage that is 220 kV or more and of a length of more than 15 km, and construction and/or modification of their related substations (current transformer stations, current converter stations and current distributor stations of the auto-underground type and vice-versa).”
Amendment 467 #
Proposal for a directive Annex – point -1 c (new) Directive 2011/92/EU Annex I – point 24 a (new) (-1c) In Annex I, the following point 24a is added: "24a. Theme parks and golf courses planned for areas of water shortage or at high risk of desertification or drought.”
Amendment 468 #
Proposal for a directive Annex – point -1 a (new) Directive 2011/92/EU 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 469 #
Proposal for a directive Annex – point -1 (new) Directive 2011/92/EU 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 470 #
Proposal for a directive Annex – point -1 (new) Directive 2011/92/EU 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 471 #
Proposal for a directive Annex – point -1 (new) Directive 2011/92/EU 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 472 #
Proposal for a directive Annex – point -1 a (new) Directive 2011/92/EU 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 473 #
Proposal for a directive Annex – point -1 a (new) Directive 2011/92/EU 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 474 #
Proposal for a directive Annex –point -1 b (new) Directive 2011/92/EU 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 475 #
Proposal for a directive Annex – point -1 b (new) Directive 2011/92/EU 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 476 #
Proposal for a directive Annex – point -1 b (new) Directive 2011/92/EU Annex II – paragraph 10 – point d (-1 b) Paragraph 10(d) of Annex II is deleted.
Amendment 477 #
Proposal for a directive Annex – point -1 (new) Directive 2011/92/EU Annex II – paragraph 13 – point b a (new) (-1) In paragraph 13 of Annex II, the following point shall be added: "(ba) Any demolition of projects listed in annex I or this annex, which may have significant adverse effects on the environment."
Amendment 478 #
Proposal for a directive Annex – point 1 Directive 2011/92/EU Annex II.A Amendment 479 #
Proposal for a directive Annex – point 1 Directive 2011/92/EU Annex II.A Amendment 480 #
Proposal for a directive Annex – point 1 Directive 2011/92/EU 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 481 #
Proposal for a directive Annex – point 1 Directive 2011/92/EU Annex II.A – paragraph 1 – point b (b) a description of the location of the project, with particular regard to the environmental sensitivity of geographical areas or communities likely to be affected.
Amendment 482 #
Proposal for a directive Annex 1 – point 1 Directive 2011/92/EU Annex II.A – paragraph 1 – point b a (new) (ba) a description of the expected environmental effects as regards the initial immission load at the project site.
Amendment 483 #
Proposal for a directive Annex – point 1 (ba) a description of the likely environmental impact of emissions at the location of the project.
Amendment 484 #
Proposal for a directive Annex – point 1 Directive 2011/92/EU Annex II.A – paragraph 2 Amendment 485 #
Proposal for a directive Annex – point 1 Directive 2011/92/EU Annex II.A – paragraph 3 Amendment 486 #
Proposal for a directive Annex – point 1 Directive 2011/92/EU Annex II.A – paragraph 3 – point a (a) the expected residues and emissions and the production of waste when relevant;
Amendment 487 #
Proposal for a directive Annex – point 1 (b) the use of relevant natural resourc
Amendment 488 #
Proposal for a directive Annex – point 1 Directive 2011/92/EU Annex II.A – paragraph 3 – point b (b) the use of natural resources, in particular soil, land, water, and biodiversity
Amendment 489 #
Proposal for a directive Annex – point 1 Directive 2011/92/EU Annex II.A – paragraph 4 Amendment 490 #
Proposal for a directive Annex – point 1 Directive 2011/92/EU Annex II.A – paragraph 4 4. A description of the measures envisaged to avoid, prevent or reduce a
Amendment 491 #
Proposal for a directive Annex – point 1 Directive 2011/92/EU Annex II.A – paragraph 4 4. A description of the measures envisaged to avoid, prevent or reduce any significant adverse effects on the environment, when relevant. This shall be particularly relevant when the effects or consequences of the measures are considered irreversible.
Amendment 492 #
Proposal for a directive Annex – point 2 Directive 2011/92/EU Annex III – paragraph 1 – point b Amendment 493 #
Proposal for a directive Annex – point 2 Directive 2011/92/EU Annex III – paragraph 1 – point b (b) cumulation with other projects
Amendment 494 #
Proposal for a directive Annex – point 2 Directive 2011/92/EU Annex III – paragraph 1 – point b (b) cumulation with other projects
Amendment 495 #
Proposal for a directive Annex – point 2 Directive 2011/92/EU Annex III – paragraph 1 – point c (c) the use of natural resources, in particular land, soil, water, and biodiversity
Amendment 496 #
Proposal for a directive Annex – point 2 Directive 2011/92/EU Annex III – paragraph 1 – point c (c) the use of natural resources, in particular land, soil, water, and biodiversity
Amendment 497 #
Proposal for a directive Annex – point 2 Directive 2011/92/EU Annex III – paragraph 1 – point c (c) the use of natural resources, in particular land, soil, subsoil, water, and biodiversity, including hydromorphological changes;
Amendment 498 #
Proposal for a directive Annex – point 2 Directive 2011/92/EU Annex III – paragraph 1 – point e (e) pollution
Amendment 499 #
Proposal for a directive Annex – point 2 Directive 2011/92/EU Annex III – paragraph 1 – point e (e) pollution and nuisances (the emission of pollutants, noise, vibration, light, heat and radiation);
Amendment 500 #
Proposal for a directive Annex – point 2 Directive 2011/92/EU Annex III – paragraph 1 – point f Amendment 501 #
Proposal for a directive Annex – point 2 Directive 2011/92/EU Annex III – paragraph 1 – point f (f) the
Amendment 502 #
Proposal for a directive Annex – point 2 Directive 2011/92/EU Annex III – paragraph 1 – point f (f) the
Amendment 503 #
Proposal for a directive Annex– point 2 Directive 2011/92/EU Annex III – paragraph 1 – point f (f) the natural and man-made disaster risks and risk of accidents, with particular regard to
Amendment 504 #
Proposal for a directive Annex – point 2 Directive 2011/92/EU 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
Amendment 505 #
Proposal for a directive Annex – point 2 Directive 2011/92/EU 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, to local geological characteristics, and to the probability of accidents or disasters and the vulnerability of the project to these risks;
Amendment 506 #
Proposal for a directive Annex – point 2 Directive 2011/92/EU Annex III – paragraph 1 – point g Amendment 507 #
Proposal for a directive Annex – point 2 Directive 2011/92/EU Annex III – paragraph 1 – point g (g) impacts of the project on
Amendment 508 #
Proposal for a directive Annex – point 2 Directive 2011/92/EU Annex III – paragraph 1 – point g (g) impacts of the project on climate
Amendment 509 #
Proposal for a directive Annex – point 2 Directive 2011/92/EU 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)
Amendment 510 #
Proposal for a directive Annex – point 2 Directive 2011/92/EU Annex III – paragraph 1 – point g (g) impacts of the project on climate
Amendment 511 #
Proposal for a directive Annex – point 2 Directive 2011/92/EU Annex III – paragraph 1 – point h Amendment 512 #
Proposal for a directive Annex – point 2 Directive 2011/92/EU Annex III – paragraph 1 – point h (h) impacts of the project on the environment, in particular on
Amendment 513 #
Proposal for a directive Annex – point 2 Directive 2011/92/EU 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
Amendment 514 #
Proposal for a directive Annex – point 2 Directive 2011/92/EU Annex III – paragraph 1 – point h (h) impacts of the project on the environment, in particular on land (increase of settlement areas over time – land take), soil (organic matter, erosion, compaction, sealing), water (quantity and quality) underground when relevant, air and biodiversity (population quality and quantity and ecosystem degradation and fragmentation);
Amendment 515 #
Proposal for a directive Annex – point 2 Directive 2011/92/EU Annex III – paragraph 1 – point h (h) impacts of the project on the environment, in particular on land (increase of settlement areas over time – land take), soil (organic matter, erosion,
Amendment 516 #
Proposal for a directive Annex – point 2 Directive 2011/92/EU Annex III – paragraph 1 – point i Amendment 517 #
Proposal for a directive Annex – point 2 Directive 2011/92/EU Annex III – paragraph 1 –point i (i) the risks to human health
Amendment 518 #
Proposal for a directive Annex – point 2 Directive 2011/92/EU Annex III – paragraph 1 – point i (i) the risks to human health (e.g. due to water contamination or air pollution or noise);
Amendment 519 #
Proposal for a directive Annex – point 2 Directive 2011/92/EU Annex III – paragraph 1 – point i (i) the risks to human health (e.g. due to water contamination
Amendment 520 #
Proposal for a directive Annex – point 2 Directive 2011/92/EU Annex III – paragraph 1 – point j Amendment 521 #
Proposal for a directive Annex – point 2 Directive 2011/92/EU Annex III – paragraph 1 – point j a (new) (ja) assessment of the complaints submitted up to that point by the members of the public affected or the local authorities concerned.
Amendment 522 #
Proposal for a directive Annex – point 2 Directive 2011/92/EU Annex III – paragraph 2 – point a (a) the existing and planned land use
Amendment 523 #
Proposal for a directive Annex – point 2 Directive 2011/92/EU Annex III – paragraph 2 – point b (b) the relative abundance, availability, quality and regenerative capacity of natural resources (including soil,
Amendment 524 #
Proposal for a directive Annex – point 2 Directive 2011/92/EU Annex III – paragraph 2 – point c – point iii a (new) (iiia) areas with potential significant flood risk;
Amendment 525 #
Proposal for a directive Annex – point 2 Directive 2011/92/EU Annex III – paragraph 2 – point c – point iv (iv) nature reserves and parks
Amendment 526 #
Proposal for a directive Annex – point 2 Directive 2011/92/EU Annex III – paragraph 2 – point c – point iv (iv) nature reserves and parks, permanent pastures and environmentally valuable pastures, agriculture areas with a high nature value;
Amendment 527 #
Proposal for a directive Annex – point 2 Directive 2011/92/EU Annex III – paragraph 2 – point c – point v (v) areas classified or protected under Member States' legislation; Natura 2000 areas designated by Member States pursuant to Directive 2009/147/EEC of the European Parliament or of the Council and Council Directive 92/43/EEC; areas protected by international conventions provided that Member States have ratified those conventions;
Amendment 528 #
Proposal for a directive Annex – point 2 Directive 2011/92/EU 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
Amendment 529 #
Proposal for a directive Annex – point 2 Directive 2011/92/EU Annex III – paragraph 2 – point c – point vi (vi) areas in which there
Amendment 530 #
Proposal for a directive Annex – point 2 Directive 2011/92/EU Annex III – paragraph 2 – point c – point vii (vii) densely populated areas close to sensitive zones (containing hospitals, schools, retirement homes and any other type of especially sensitive or vulnerable population group);
Amendment 531 #
Proposal for a directive Annex – point 2 Directive 2011/92/EU 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 Directive 2011/92/EU Annex III – paragraph 2 – point c – point viii b (new) (viiib) seismic areas or those with a high risk of natural catastrophe.
Amendment 533 #
Proposal for a directive Annex – point 2 Directive 2011/92/EU Annex III – paragraph 2 – subparagraph 1 a (new) Any relevant thresholds that are set by Member States for the areas referred to under points (i) to (viii) should have particular regard to the environmental value, relative abundance and average size of such areas within the national setting.
Amendment 534 #
Proposal for a directive Annex – point 2 Directive 2011/92/EU 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 Directive 2011/92/EU Annex III – paragraph 3 – point g Amendment 536 #
Proposal for a directive Annex – point 2 Directive 2011/92/EU Annex III – paragraph 3 – point h Amendment 537 #
Proposal for a directive Annex – point 2 Directive 2011/92/EU Annex III – paragraph 3 – point h (h) the cumulation of impacts with the impacts of other projects
Amendment 538 #
Proposal for a directive Annex – point 2 Directive 2011/92/EU Annex III – paragraph 3 – point i Amendment 539 #
Proposal for a directive Annex – point 2 Directive 2011/92/EU Annex III – article 3 – point k Amendment 540 #
Proposal for a directive Annex – point 2 Directive 2011/92/EU Annex III – paragraph 3 – point k (k) the information and findings on
Amendment 541 #
Proposal for a directive Annex – point 2 Directive 2011/92/EU Annex III – paragraph 3 – point l Amendment 542 #
Proposal for a directive Annex – point 2 (l) the possibility of avoiding, preventing or reducing impacts effectively.
Amendment 543 #
Proposal for a directive Annex – point 2 Directive 2011/92/EU Annex III – paragraph 3 a (new) 3a. STANDARDISATION In the economic sectors in which it is considered necessary, and with the aim of gradually standardising the procedures and criteria applicable to environmental impact assessments, the Commission, potentially with the participation of the Member States and industry, will develop standards applicable to projects and facilities in line with Regulation 1025/2012 on European standardisation, while consistently taking into account best available technologies (BAT) criteria. Standardisation in the various sectors concerned will be a broad process which calls for cooperation with public administrations and industry and which should focus on energy efficiency, innovation and best available technologies (BAT).
Amendment 544 #
Proposal for a directive Annex – point 2 Directive 2011/92/EU 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 Directive 2011/92/EU 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
Amendment 546 #
Proposal for a directive Annex – point 2 Directive 2011/92/EU 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 phases and demolition if relevant;
Amendment 547 #
Proposal for a directive Annex – point 2 Directive 2011/92/EU 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 548 #
Proposal for a directive Annex – point 2 Directive 2011/92/EU 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.
Amendment 549 #
Proposal for a directive Annex – point 2 Directive 2011/92/EU Annex IV – paragraph 1 – point b (b) a description of the main characteristics of the production processes, for instance, nature and quantity of the materials, energy and natural resources (including water,
Amendment 550 #
Proposal for a directive Annex – point 2 Directive 2011/92/EU Annex IV – paragraph 1 – point b (b) a description of the main characteristics of the production processes, for instance, technical capacity, nature and quantity of the materials, energy and natural resources (including water, land, soil and biodiversity) used;
Amendment 551 #
Proposal for a directive Annex – point 2 Directive 2011/92/EU Annex IV – paragraph 1 – point c a (new) (ca) the location of the project.
Amendment 552 #
Proposal for a directive Annex – point 2 Directive 2011/92/EU Annex IV – paragraph 2 Amendment 553 #
Proposal for a directive Annex – point 2 Directive 2011/92/EU Annex IV – paragraph 2 2. A
Amendment 554 #
Proposal for a directive Annex – point 2 Directive 2011/92/EU Annex IV – paragraph 2 2. A
Amendment 555 #
Proposal for a directive Annex – point 2 Directive 2011/92/EU 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
Amendment 556 #
Proposal for a directive Annex – point 2 Directive 2011/92/EU Annex IV – paragraph 2 2. A description, of the technical, locational or other aspects (e.g. in terms of
Amendment 557 #
Proposal for a directive Annex – point 2 Directive 2011/92/EU Annex IV – paragraph 2 2. A description, of the reasonable alternatives relevant to the proposed project, e.g. the technical, locational or other aspects (e.g. in terms of project design, technical capacity, size and scale) of the alternatives considered,
Amendment 558 #
Proposal for a directive Annex – point 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 relevant alternatives considered, including the identification of the least environmentally impacting one, and an indication of the main reasons for the choice made, taking into account the environmental effects.
Amendment 559 #
Proposal for a directive Annex – point 2 Directive 2011/92/EU Annex IV – paragraph 3 3. A description of the relevant aspects of the existing state of the environment
Amendment 560 #
Proposal for a directive Annex – point 2 Directive 2011/92/EU Annex IV – paragraph 3 3. A description of the relevant aspects of the existing state of the environment
Amendment 561 #
Proposal for a directive Annex – point 2 Directive 2011/92/EU Annex IV – paragraph 3 3. A description of the relevant aspects of the existing state of the environment
Amendment 562 #
Proposal for a directive Annex – point 2 Directive 2011/92/EU Annex IV – paragraph 3 3. A description of the relevant aspects of the existing state of the environment before the implementation of the project and the likely evolution thereof without implementation
Amendment 563 #
Proposal for a directive Annex – point 2 Directive 2011/92/EU 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
Amendment 564 #
Proposal for a directive Annex – point 2 Directive 2011/92/EU 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
Amendment 565 #
Proposal for a directive Annex – point 2 Directive 2011/92/EU Annex IV – paragraph 4 4. A description of the
Amendment 566 #
Proposal for a directive Annex – point 2 Directive 2011/92/EU 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
Amendment 567 #
Proposal for a directive Annex 1 – point 2 Directive 2011/92/EU 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
Amendment 568 #
Proposal for a directive Annex – point 2 Directive 2011/92/EU 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
Amendment 569 #
Proposal for a directive Annex – point 2 Directive 2011/92/EU Annex IV – paragraph 5 – subparagraph 1 – introductory part 5. A description and assessment of the likely significant effects of the proposed project on the environment resulting from, inter alia:
Amendment 570 #
Proposal for a directive Annex – point 2 Directive 2011/92/EU Annex IV – paragraph 5 – subparagraph 1 – point b (b) the use of
Amendment 571 #
Proposal for a directive Annex – point 2 Directive 2011/92/EU Annex IV – paragraph 5 – subparagraph 1 – point b (b) the use of natural resources, in particular land, soil, water
Amendment 572 #
Proposal for a directive Annex – point 2 Directive 2011/92/EU Annex IV – paragraph 5 – subparagraph 1 – point b (b) the use of natural resources, in particular land, soil, water,
Amendment 573 #
Proposal for a directive Annex – point 2 Directive 2011/92/EU Annex IV – paragraph 5 – subparagraph 1 – point b (b) the use of natural resources, in particular land, soil, water, biodiversity
Amendment 574 #
Proposal for a directive Annex – point 2 Directive 2011/92/EU Annex IV – paragraph 5 – subparagraph 1 – point d (d) the risks to human health, cultural heritage or the environment (e.g. due to accidents
Amendment 575 #
Proposal for a directive Annex – point 2 Directive 2011/92/EU 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 576 #
Proposal for a directive Annex – point 2 Directive 2011/92/EU Annex IV – paragraph 5 – subparagraph 1 – point e Amendment 577 #
Proposal for a directive Annex – point 2 (e) the cumulation of
Amendment 578 #
Proposal for a directive Annex – point 2 Directive 2011/92/EU Annex IV – paragraph 5 – subparagraph 1 – point e (e) the cumulation of effects with other projects
Amendment 579 #
Proposal for a directive Annex – point 2 Directive 2011/92/EU Annex IV – paragraph 5 – subparagraph 1 – point f (f) the greenhouse gas emissions
Amendment 580 #
Proposal for a directive Annex – point 2 Directive 2011/92/EU Annex IV – paragraph 5 – subparagraph 1 – point h (h) hydromorphological changes, where relevant.
Amendment 581 #
Proposal for a directive Annex – point 2 Directive 2011/92/EU Annex IV – paragraph 5 – subparagraph 2 Amendment 582 #
Proposal for a directive Annex – point 2 Directive 2011/92/EU Annex IV – paragraph 5 – subparagraph 2 The description of the likely significant effects should cover the direct effects and if feasible and relevant, any indirect, secondary, cumulative, transboundary, short-, medium- and long-
Amendment 583 #
Proposal for a directive Annex– point 2 Directive 2011/92/EU Annex IV – paragraph 6 6. The description of the forecasting methods used to assess the effects on the environment referred to in point 5, as well as an account of the main uncertainties involved
Amendment 584 #
Proposal for a directive Annex – point 2 Directive 2011/92/EU Annex IV – paragraph 6 6. The description of the forecasting methods used to assess the effects on the environment referred to in point 5, as well
Amendment 585 #
Proposal for a directive Annex – point 2 Directive 2011/92/EU Annex IV – paragraph 7 7. A description of the measures envisaged, as a priority, to prevent, to reduce and,
Amendment 586 #
Proposal for a directive Annex – point 2 Directive 2011/92/EU Annex IV – paragraph 7 7. A description of the measures envisaged
Amendment 587 #
Proposal for a directive Annex – point 2 Directive 2011/92/EU 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
Amendment 588 #
Proposal for a directive Annex – point 2 Directive 2011/92/EU Annex IV – paragraph 8 Amendment 589 #
Proposal for a directive Annex – point 2 Directive 2011/92/EU Annex IV – paragraph 8 Amendment 590 #
Proposal for a directive Annex – point 2 Directive 2011/92/EU Annex IV – paragraph 8 8. An assessment of the
Amendment 591 #
Proposal for a directive Annex – point 2 Directive 2011/92/EU Annex IV – paragraph 10 Amendment 62 #
Proposal for a directive 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, align the procedure with the principles of smart regulation 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.
Amendment 63 #
Proposal for a directive 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
Amendment 64 #
Proposal for a directive 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 65 #
Proposal for a directive 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 66 #
Proposal for a directive 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) (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 68 #
Proposal for a directive 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 69 #
Proposal for a directive 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 (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
Amendment 71 #
Proposal for a directive 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
Amendment 72 #
Proposal for a directive 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 73 #
Proposal for a directive Recital 12 (12) When applying Directive 2011/92/EU, it is necessary to ensure
Amendment 74 #
Proposal for a directive Recital 12 (12) When applying Directive 2011/92/EU, it is necessary to ensure a competitive business environment, especially for small and medium enterprises, in order to generate smart, sustainable and inclusive growth, in line with the objectives set out in the Commission's Communication entitled ‘Europe 2020 – A strategy for smart, sustainable and inclusive growth’19 and with the recently updated Industrial Policy Communication "A Stronger European Industry for Growth and Economic Recovery" (COM(2012)582).
Amendment 75 #
Proposal for a directive Recital 12 a (new) (12a) Authorisation should only be granted for public and private projects liable to have significant effects on the environment after an assessment has been conducted of the significant effects that such projects are liable to have on the environment. That assessment should be conducted on the basis of the relevant information provided by the developer and should, where necessary, be supplemented by the authorities and members of the public liable to be affected by the project. The assessment should be conducted by independent, accredited and technically competent experts, to whose payment the developer should also contribute.
Amendment 76 #
Proposal for a directive 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 77 #
Proposal for a directive Recital 12 a (new) (12a) In order to reduce the administrative burden, facilitate the decision-making process and reduce project costs, the necessary steps should be taken towards standardisation of the criteria in line with Regulation (EU)1025/2012 on European standardisation1, with the aim being to support the use of best available technologies (BAT), improve competitiveness and prevent standards from being interpreted differently. _______________ 1 OJ L 316, 14.11.2012, p.12.
Amendment 78 #
Proposal for a directive Recital 12 b (new) (12b) Again with a view to further simplifying and facilitating the work of the competent administrations, guide criteria should be drawn up that take into account the characteristics of the various sectors of economic or industrial activity. This should be based on the instructions under Article 6 of Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora1. _______________ 1 OJ L 206, 22.07.92, p.7.
Amendment 79 #
Proposal for a directive 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 80 #
Proposal for a directive Recital 13 (13) Experience has shown that in cases of civil emergency compliance with the
Amendment 81 #
Proposal for a directive 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
Amendment 82 #
Proposal for a directive 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
Amendment 83 #
Proposal for a directive Recital 13 a (new) (13a) Proportionality is to be taken into account in the environmental impact assessment of the projects. The requirements that will be asked for in the environmental impact assessment of a project shall be proportionate with its size and stage.
Amendment 84 #
Proposal for a directive 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 85 #
Proposal for a directive Recital 16 a (new) (16a) In order to avoid unnecessary efforts and expenditure, the projects under Annex II should include a statement of intent that never exceeds 30 pages and the projects characteristics and information on the location of the project to be subject to screening, which should consist of an initial assessment of its viability. That screening should be public and reflect the factors set out in Article 3. It should show the significant direct and indirect effects of the project.
Amendment 86 #
Proposal for a directive Recital 17 (17) The competent authorities should be required to determine the scope and level of detail of the environmental information to be
Amendment 87 #
Proposal for a directive 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 88 #
Proposal for a directive Recital 18 (18) The environmental report of a project to be provided by the developer should include an assessment of reasonable alternatives relevant to the proposed
Amendment 89 #
Proposal for a directive Recital 18 (18) The environmental report of a project to be provided by the developer should include an assessment of reasonable alternatives relevant to the proposed project
Amendment 90 #
Proposal for a directive Recital 18 (18) The environmental
Amendment 91 #
Proposal for a directive Recital 22 (22)
Amendment 92 #
Proposal for a directive Recital 22 a (new) (22a) One of the objectives of the Århus Convention, which the EU has ratified and transposed into EU law, is to ensure the right of the public to participate in decision-making in environmental matters. Therefore, that participation, including participation by associations, organisations and groups, in particular non-governmental organisations promoting environmental protection, should continue to be fostered. Moreover, Article 9(2) and (4) of the Århus Convention provides for access to judicial or other procedures for challenging the substantive or procedural legality of decisions, acts or omissions subject to public participation.
Amendment 93 #
Proposal for a directive Recital 22 a (new) (22a) Public participation in decision- making is essential in order to allow for any opinions and concerns that might have a bearing on the decisions to be taken, thus making decision-making a more responsible and transparent process, improving the quality of decisions as regards their substance, and helping to raise public awareness of environmental issues.
Amendment 94 #
Proposal for a directive Recital 23 a (new) (23a) Under the existing Directive 2011/92/EU, the exploration and extraction of both conventional and non- conventional hydrocarbons is included in Annex II, regardless of the quantity explored or extracted. Such projects require monitoring on a case-by-case basis, in accordance with the criteria set out in Annex III, with the aim of determining the significance of their environmental effects. In accordance with the 'Guidance note on the application of Directive 85/337/EEC to projects related to the exploration and exploitation of unconventional hydrocarbons'1 and as called for by the European Parliament resolution on the environmental impacts of shale gas and shale oil extraction activities2, projects involving non- conventional hydrocarbons must be subject to this Directive, as conventional activities already are. Annex I to Directive 2011/92/EU should therefore be amended so that projects related to the exploration and extraction of non-conventional hydrocarbons that are likely to have significant effects on the environment are subject to mandatory environmental impact assessment. __________________ 1 Ares(2011)1339393. 2 P7_TA(2012)0443.
Amendment 95 #
Proposal for a directive Recital 23 a (new) (23a) The protection thresholds for petroleum and natural gas set out in Annex I to Directive 2011/92/EU do not take into consideration the specific case of daily production levels of non-conventional fossil fuels, which are sometimes very variable and lower, obtained using extraction methods that are particularly harsh on the environment, such as hydraulic fracturing. Consequently, and notwithstanding their environmental impact, projects relating to these fossil fuels should be subject to a mandatory impact assessment under Annex I of this Directive, irrespective of the amounts extracted.
Amendment 96 #
Proposal for a directive Recital 23 a (new) (23a) Annex II includes, inter alia, projects relating to non-conventional hydrocarbon exploration, irrespective of the quantities extracted at this stage;
Amendment 97 #
Proposal for a directive Recital 24 (24) The new provisions should
Amendment 98 #
Proposal for a directive Recital 24 (24) The new provisions should
Amendment 99 #
Proposal for a directive Recital 24 (24) The new provisions should a
source: PE-510.827
2013/06/04
TRAN
68 amendments...
Amendment 11 #
Proposal for a directive Recital 4 (4) Over the last decade, environmental issues, such as resource efficiency, biodiversity, land use, 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.
Amendment 12 #
Proposal for a directive Recital 12 (12) When
Amendment 13 #
Proposal for a directive 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
Amendment 14 #
Proposal for a directive Recital 19 a (new) (19 a) To guarantee high level of quality and independence of the environmental reports, it should be ensured that these reports are prepared by independent, accredited and technically competent experts in total independence from the developer and the competent authorities.
Amendment 15 #
Proposal for a directive Recital 21 a (new) (21 a) based on the Convention on Environmental Impact Assessment in a Transboundary Context (Espoo convention), Member States and neighbouring countries should carry out one single integrated Environmental Impact Assessment of an entire cross- border section at an early stage of planning
Amendment 16 #
Proposal for a directive Recital 21 a (new) (21 a) All necessary measures should be taken to ensure that the projects are carried out in compliance with relevant Union and national rules and procedures, in particular with Union legislation on the environment, climate protection, safety, security, competition, state aid, public procurement, public health and accessibility.
Amendment 17 #
Proposal for a directive Recital 22 a (new) (22 a) Public involvement in decision- making is critical to ensure that the decision-maker will take account of opinions and concerns which may be relevant to those decisions, thereby the accountability and transparency of the process is essential to improve the quality of decisions and to contribute to public awareness of environmental and socio- economic issues.
Amendment 18 #
Proposal for a directive Recital 22 a (new) (22a) One of the objectives of the Århus Convention, which the EU has ratified and transposed into EU law, is to ensure the right of the public to participate in decision-making in environmental matters. Therefore, that participation, including participation by associations, organisations and groups, in particular non-governmental organisations promoting environmental protection, should continue to be fostered. Elements of this Directive should also be strengthened in cross-border transport projects, making use of existing structures for the development of transport corridors and of tools to identify the potential impact on the environment.
Amendment 19 #
Proposal for a directive Recital 22 b (new) (22 b) The Aarhus Convention, signed and ratified by the European Union, grants the public rights regarding access to information, public participation and access to justice in decision- making processes on matters concerning the local, national and transboundary environment regarding the potential impact of projects.
Amendment 20 #
Proposal for a directive Recital 24 a (new) (24 a) Member States and other project promoters should ensure that assessments of cross border projects are carried out efficiently, avoiding unnecessary delays.
Amendment 21 #
Proposal for a directive Article 1 – point 1 – point b Directive 2011/92/EU Article 1 – paragraph 2 – point g a (new) (g a) 'cross-border section' means the section which ensures the continuity of a project of common interest between the nearest urban nodes on both sides of the border of two Member States or between a Member State and a neighbouring country
Amendment 22 #
Proposal for a directive Article 1 – point 1 – point b Directive 2011/92/EU Article 1 – paragraph 2 – point f a (new) (f a)"independent" means capable of the exercise of technical/scientific objectivity, free of direction or influence by the competent authority, the developer and/or the national government."
Amendment 23 #
Proposal for a directive Article 1 – point 2 a (new) Directive 2011/92/EU Article 2 – paragraph 4 (2a) Article 2(4) shall read as follows: 4. Without prejudice to Article 7, Member States may, in exceptional cases, exempt a specific project in whole or in part from the provisions laid down in this Directive. To that end, Member States must establish exemption thresholds for projects which have no significant effects on the environment, in order to reduce logjams at initiating departments and provide certainty to those carrying out these projects, by enabling them to be implemented within reasonable and managed timeframes.
Amendment 24 #
Proposal for a directive Article 1 – point 2 Directive 2011/92/EU Article 2 – paragraph 3 Amendment 25 #
Proposal for a directive Article 1 – point 2 Directive 2011/92/EU Article 2 – paragraph 3 Member States may provide for coordinated or joint procedures fulfilling the requirements of the relevant Union legislation, in order, inter alia, to avoid duplication of assessment. Under the coordinated procedure, a single competent authority designated by the Member State may coordinate the relevant assessments required by the Union legislation concerned, without prejudice to any provisions to the contrary contained in other relevant Union legislation. Under the joint procedure, a single competent authority designated by the Member State may integrate the assessments of one or more authorities, without prejudice to any provisions to the contrary contained in other relevant Union legislation.
Amendment 26 #
Proposal for a directive Article 1 – point 2 Directive 2011/92/EU Article 2 – paragraph 3 – subparagraph 1 Projects, including those with transboundary effect, 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 all the requirements of the relevant Union legislation.
Amendment 27 #
Proposal for a directive Article 1 – point 3 Directive 2011/92/EU Article 3 – paragraph 1 The environmental impact assessment shall identify, describe and assess in an appropriate manner, in the light of each individual case and in accordance with Articles 4 to 11, the direct and indirect
Amendment 28 #
Proposal for a directive Article 1 – point 3 Directive 2011/92/EU Article 3 – point a population, human health, eco-systems 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(**);
Amendment 29 #
Proposal for a directive Article 1 – point 3 material assets, cultural and historical heritage and the landscape;
Amendment 30 #
Proposal for a directive Article 1 – point 3 Directive 2011/92/EU Article 3 – point d a (new) the social impact and the impact on economic development;
Amendment 31 #
Proposal for a directive Article 1 – point 3 Directive 2011/92/EU Article 3 – point e Amendment 32 #
Proposal for a directive Article 1 – point 3 Directive 2011/92/EU Article 3 – point e Amendment 33 #
Proposal for a directive Article 1 – point 4 – point a Directive 2011/92/EU Article 4 – paragraph 3 For projects listed in Annex II, subject to nationally set thresholds in accordance with paragraphs 2 and 4, the developer
Amendment 34 #
Proposal for a directive Article 1 – point 4 – point a Directive 2011/92/EU Article 4 – paragraph 3 For projects listed in Annex II, submitted for case-by-case examination under Article 4(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 35 #
Proposal for a directive Article 1 – point 4 – point b Amendment 36 #
Proposal for a directive Article 1 – point 4 – point b Directive 2011/92/EU Article 4 – paragraph 5 – point a Amendment 37 #
Proposal for a directive Article 1 – point 4 – point b may include a description of the measures envisaged to avoid, prevent and reduce any significant effects on the environment, where it is decided that no environmental impact assessment needs to be carried out pursuant to Articles 5 to 10
Amendment 38 #
Proposal for a directive Article 1 – paragraph 1 – point 5 a (new) Directive 2011/92/EU Article 5 a (new) The following Article 5 a (new) is added: (5 a) Projects including a cross-border section shall only be eligible to receive EU co-funding if one integrated cross-border Environmental Impact Assessment is carried out as from an early planning stage.
Amendment 39 #
Proposal for a directive Article 1 – point 5 Directive 2011/92/EU Article 5 – paragraph 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, existing levels of emissions (gases and noise) and vibrations, 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 40 #
Proposal for a directive Article 1 – point 5 Directive 2011/92/EU Article 5 – paragraph 2 Amendment 41 #
Proposal for a directive Article 1 – point 5 Directive 2011/92/EU Article 5 – paragraph 2 Amendment 42 #
Proposal for a directive Article 1 – point 5 Directive 2011/92/EU Article 5 – paragraph 2 – subparagraph 1 The competent authority, after having consulted the authorities referred to in Article 6(1)
Amendment 43 #
Proposal for a directive Article 1 – point 5 Directive 2011/92/EU Article 5 – paragraph 2 – subparagraph 1 – point d Amendment 44 #
Proposal for a directive Article 1 – point 5 Directive 2011/92/EU Article 5 a (new) The following Article 5a (new) is added: (5a) In the case of European transport network transport projects, the potential impact on the Natura 2000 network shall be identified using the Commission’s TENTec system and Natura 2000 software and possible alternatives.
Amendment 45 #
Proposal for a directive Article 1 – point 5 Directive 2011/92/EU Article 5 – paragraph 3 Amendment 46 #
Proposal for a directive Article 1 – point 5 Directive 2011/92/EU Article 5 – paragraph 3 – subparagraph 1 – introductory part To guarantee the completeness and sufficient quality and independence of the environmental reports and other environmental information under this Directive referred to in Article 5(1):
Amendment 47 #
Proposal for a directive Article 1 – paragraph 1 – point 5 Directive 2011/92/EU Article 5 – paragraph 3 – subparagraph 1 – point a the developer shall ensure that the environmental report is prepared by
Amendment 48 #
Proposal for a directive Article 1 – paragraph 1 – point 5 Directive 2011/92/EU Article 5 – paragraph 3 – subparagraph 1 – point a the developer shall ensure that the environmental report
Amendment 49 #
Proposal for a directive Article 1 – paragraph 1 – point 5 Directive 2011/92/EU Article 5 – paragraph 3 – subparagraph 1 – point b the competent authority shall ensure that the environmental report is verified by
Amendment 50 #
Proposal for a directive Article 1 – paragraph 1 – point 5 Directive 2011/92/EU Article 5 – paragraph 3 – subparagraph 1 – point b the competent authority shall ensure that the environmental report
Amendment 51 #
Proposal for a directive Article 1 – paragraph 1 – point 5 Directive 2011/92/EU Article 5 – paragraph 3 – subparagraph 2 Where
Amendment 52 #
Proposal for a directive Article 1 – paragraph 1 – point 5 Directive 2011/92/EU Article 5 – paragraph 3 – subparagraph 3 The detailed arrangements for the use and selection of
Amendment 53 #
Proposal for a directive Article 1 – paragraph 1 – point 6 – point b Directive 2011/92/EU Article 6 – paragraph 7 Amendment 54 #
Proposal for a directive Article 1 – paragraph 1 – point 7 Directive 2011/92/EU Article 7 – paragraph 5 a (new) In the case of cross-border projects of common interest in the field of transport included in one of the corridors set out in Annex I of the Regulation establishing the Connecting Europe Facility, Member States shall be involved in coordinating the work of the public consultations. The coordinator shall ensure that an extensive public consultation process takes place with all stakeholders and civil society during the planning of new infrastructure. In any event, the coordinator may propose ways of developing the corridor plan and implementing it in a balanced manner.
Amendment 55 #
Proposal for a directive Article 1 – point 8 Directive 2011/92/EU Article 8 – paragraph 1 – subparagraph 1 – introductory part The results of consultations and the information gathered pursuant to Articles 5, 6 and 7 shall be
Amendment 56 #
Proposal for a directive Article 1 – point 8 Directive 2011/92/EU Article 8 – paragraph 1 – subparagraph 1 – point a Amendment 57 #
Proposal for a directive Article 1 – point 8 Directive 2011/92/EU Article 8 – paragraph 1 – subparagraph 1 – point b Amendment 58 #
Proposal for a directive Article 1 – point 8 Directive 2011/92/EU Article 8 – paragraph 1 – subparagraph 1 – point c a summary of the
Amendment 59 #
Proposal for a directive Article 1 – point 8 Directive 2011/92/EU Article 8 – paragraph 1 – subparagraph 2 Amendment 60 #
Proposal for a directive Article 1 – point 8 Directive 2011/92/EU Article 8 – paragraph 2 – subparagraph 1 If in light of the consultations and the information gathered pursuant to Articles 5, 6 and 7 the competent authority concludes that a project will have significant adverse e
Amendment 61 #
Proposal for a directive Article 1 – point 8 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 the development of the project should be 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 62 #
Proposal for a directive Article 1 – point 8 Directive 2011/92/EU Article 8 – paragraph 2 – subparagraph 2 Amendment 63 #
Proposal for a directive Article 1 – point 8 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 of both construction and operational phases,, in order to assess the implementation and the expected effectiveness of mitigation and compensation measures, and to identify any unforeseeable adverse effects and to facilitate corrective action.
Amendment 64 #
Proposal for a directive Article 1 – point 8 Directive 2011/92/EU 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. These findings shall be submitted to the competent authority and made publicly available.
Amendment 65 #
Proposal for a directive Article 1 – point 8 Directive 2011/92/EU Article 8 – paragraph 3 Amendment 66 #
Proposal for a directive Article 1 – point 8 Directive 2011/92/EU Article 8 – paragraph 4 Amendment 67 #
Proposal for a directive Article 1 – point 9 – point b Directive 2011/92/EU Article 9 – paragraph 3 Member States
Amendment 68 #
Proposal for a directive Article 1 – point 10 Directive 2011/92/EU Article 12 – paragraph 2 – point f a (new) the social impact of the project and in particular the jobs created as a result;
Amendment 69 #
Proposal for a directive Article 1 – point 11 Directive 2011/92/EU Article 12 a (new) The Commission shall be empowered to adopt delegated acts, in accordance with Article 12b, concerning the detailing and not the supplementation of the selection criteria listed in Annex III and the information referred to in Annexes II.A and IV, in order to adapt them to scientific and technical progress
Amendment 70 #
Proposal for a directive Article 1 – paragraph 1 – point 11 Directive 2011/92/EU Article 12b – paragraph 2 (new) The delegation of power referred to in Article 12a shall be conferred on the Commission for
Amendment 71 #
Proposal for a directive Annex I – point -2 a (new) Directive 2011/92/EU Annex I – point 14a (new) (-2 a ) In Annex I, the following point (14 a) is 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 72 #
Proposal for a directive Annex I – point -1 (new) Directive 2011/92/EU Annex I – point 14b (new) (-1a) In Annex I, the following point (14b) is inserted: 14b. Offshore installations for oil and gas
Amendment 73 #
Proposal for a directive Annex 1 – point 1 A description of the aspects of the environment likely to be
Amendment 74 #
Proposal for a directive Annex 1 – point 1 Directive 2011/92/EU Annexe II a – point 3 – subpoint b the use of natural resources, in particular soil, land, water, air and biodiversity, including hydromorphological changes.
Amendment 75 #
Proposal for a directive Annex 1 – point 2 Directive 2011/92/EU Annex III – paragraph 1 – point c the use of natural resources, in particular land, soil, water, air and biodiversity, including hydromorphological changes;
Amendment 76 #
Proposal for a directive Annex 1 – point 2 Directive 2011/92/EU Annex III– paragraph 1 – point i the risks to human health (e.g. due to water contamination or air pollution and noise including vibrations);
Amendment 77 #
Proposal for a directive Annex 1 – point 2 Directive 2011/92/EU Annex III –paragraph 2 – point a a (new) the social impact of the project and in particular the number of jobs created;
Amendment 78 #
Proposal for a directive Annex 1 – point 2 Directive 2011/92/EU Annex III – paragraph 3 – point b the nature of the impact, including the social impact and in particular the number of jobs created;
source: PE-513.124
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Decision by Parliament, 1st reading/single reading |
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2012-10-26T00:00:00 |
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CELEX:52012PC0628:EN
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activities/0/docs/0/title |
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PE510.871New
COM(2012)0628 |
activities/0/docs/0/type |
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Amendments tabled in committeeNew
Legislative proposal published |
activities/0/docs/0/url |
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE510.871New
http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2012/0628/COM_COM(2012)0628_FR.pdf |
activities/0/docs/1 |
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activities/0/docs/3 |
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Legislative proposal published |
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Decision by Parliament, 1st reading/single reading |
activities/0/docs/0/celexid |
CELEX:52012PC0628:EN
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activities/3/docs/0/celexid |
CELEX:52012AE2482:EN
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activities/0/docs/0/celexid |
CELEX:52012PC0628:EN
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CELEX:52012AE2482:EN
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2013-10-08T00:00:00New
2013-04-11T00:00:00 |
activities/5/docs/0/title |
Old
Debate in ParliamentNew
PE508.221 |
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Old
Debate in ParliamentNew
Committee draft report |
activities/5/docs/0/url |
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http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE508.221 |
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Committee draft report |
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2014-03-11T00:00:00New
2013-10-08T00:00:00 |
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Indicative plenary sitting date, 1st reading/single readingNew
Debate in Parliament |
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2013-04-11T00:00:00New
2013-10-09T00:00:00 |
activities/11/docs/0/text |
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PE508.221New
T7-0413/2013 |
activities/11/docs/0/type |
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Committee draft reportNew
Decision by Parliament, 1st reading/single reading |
activities/11/docs/0/url |
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE508.221New
http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2013-413 |
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Text adopted by Parliament, partial vote at 1st reading/single reading |
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2012-10-26T00:00:00 |
activities/0/docs/0 |
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A7-0277/2013New
SWD(2012)0354 |
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Committee report tabled for plenary, 1st reading/single readingNew
Document attached to the procedure |
activities/0/docs/1/url |
http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2013-277&language=EN
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activities/0/docs/2 |
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Legislative proposal |
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2013-10-09T00:00:00New
2013-07-22T00:00:00 |
activities/9/docs |
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Vote in plenary scheduledNew
Committee report tabled for plenary, 1st reading/single reading |
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Debate in ParliamentNew
Debate in plenary scheduled |
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Debate in Parliament |
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EC |
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2012-10-26T00:00:00 |
activities/0/docs/0 |
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A7-0277/2013New
SWD(2012)0354 |
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Committee report tabled for plenary, 1st reading/single readingNew
Document attached to the procedure |
activities/0/docs/1/url |
http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2013-277&language=EN
|
activities/0/docs/2 |
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Legislative proposal |
activities/9/committees |
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Old
2013-10-09T00:00:00New
2013-07-22T00:00:00 |
activities/9/docs |
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Vote in plenary scheduledNew
Committee report tabled for plenary, 1st reading/single reading |
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EC |
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activities/0/committees |
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2013-07-22T00:00:00New
2012-10-26T00:00:00 |
activities/0/docs/0 |
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Old
A7-0277/2013New
SWD(2012)0354 |
activities/0/docs/1/type |
Old
Committee report tabled for plenary, 1st reading/single readingNew
Document attached to the procedure |
activities/0/docs/1/url |
http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2013-277&language=EN
|
activities/0/docs/2 |
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Committee report tabled for plenary, 1st reading/single readingNew
Legislative proposal |
activities/9/committees |
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activities/9/date |
Old
2013-10-09T00:00:00New
2013-07-22T00:00:00 |
activities/9/docs |
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Old
Vote in plenary scheduledNew
Committee report tabled for plenary, 1st reading/single reading |
activities/11 |
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activities/9/docs/0/text |
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activities/10 |
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activities/9/docs/0/text |
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activities/10 |
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activities/10 |
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activities/0/docs/0/celexid |
CELEX:52012PC0628:EN
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activities/3/docs/0/celexid |
CELEX:52012AE2482:EN
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activities/0/docs/0/celexid |
CELEX:52012PC0628:EN
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activities/3/docs/0/celexid |
CELEX:52012AE2482:EN
|
activities/9/docs/0/url |
http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2013-277&language=EN
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procedure/stage_reached |
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Awaiting Parliament 1st reading / single reading / budget 1st stage |
activities/5 |
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activities/5/date |
Old
2014-01-13T00:00:00New
2013-04-11T00:00:00 |
activities/5/docs |
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Indicative plenary sitting date, 1st reading/single readingNew
Committee draft report |
activities/8 |
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2013-10-23T00:00:00New
2014-01-13T00:00:00 |
activities/5 |
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2013-07-04T00:00:00New
2013-04-11T00:00:00 |
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Committee draft report |
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activities/6/docs/1 |
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activities/6/docs/3/url |
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activities/6 |
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activities/3/docs/0/celexid |
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activities/5/docs/0/url |
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activities/5 |
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activities/1/committees/5/date |
2013-04-09T00:00:00
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other/0 |
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activities/1/committees/5 |
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activities/0/docs/0/celexid |
CELEX:52012PC0628:EN
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activities/0/docs/0/celexid |
CELEX:52012PC0628:EN
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activities/3/docs/0/url |
http://eescopinions.eesc.europa.eu/eescopiniondocument.aspx?language=EN&docnr=2482&year=2012
|
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Old
2013-09-10T00:00:00New
2013-10-23T00:00:00 |
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PURPOSE: to ensure a high level of protection of the environment and human health through establishing common minimum requirements on the assessment of the effects of certain public and private projects on the environment (EIA). PROPOSED ACT: Directive of the European Parliament and of the Council. BACKGROUND: Directive 2011/92/EU (which codifies Directive 85/337/EEC and its three subsequent amendments) contains a legal requirement to carry out an environmental impact assessment (EIA) of public or private projects likely to have significant effects on the environment, prior to their authorisation. The Directive has become a key instrument of environmental integration and has also brought environmental and socio-economic benefits. The mid-term review of the 6th Environment Action Programme and the latest Commission report published in 2009 on the application and efficacy of the EIA Directive (Directive 85/337/EEC) stressed the need for improving the assessment of environmental impacts and to adapt the Directive to the policy, legal and technical context which has evolved considerably. The general objective of the proposal is to adjust the provisions of the codified EIA Directive (Directive 2011/92/EU), so as to correct shortcomings, reflect ongoing environmental and socio-economic changes and challenges, and align with the principles of smart regulation. The revision of the EIA Directive subscribes to the Europe 2020 strategy, in particular the priority of sustainable growth. IMPACT ASSESSMENT: the impact assessment, which is submitted with the proposal, identified shortcomings in the current EIA legislation that lead to unsatisfactory implementation and socio-economic costs in the implementation of the Directive. The shortcomings of the Directive can be grouped into three specific problem areas: (1) the screening procedure, (2) the quality and analysis of the EIA and (3) the risks of inconsistencies within the EIA process itself and in relation to other legislation. The IA assessed a number of policy options with the aim of identifying cost-effective measures to address these problems. Nine of the twelve amendments analysed are expected to provide significant environmental and socio-economic benefits without additional administrative costs; moderate savings are also expected. · Two amendments (assessment of alternatives and monitoring) are expected to provide high environmental and socio-economic benefits at moderate costs for developers and with limited or negligible costs for public authorities. · One amendment (adaptation of the EIA to new challenges) is expected to provide high benefits at moderate to high costs for developers and public authorities. In the long term, the significant environmental and socio-economic benefits and the moderate savings associated with the proposed amendments are likely to exceed the administrative costs. LEGAL BASIS: Article 192(1) of the Treaty on the Functioning of the European Union. CONTENT: the proposal for the amendment of Directive 2011/92/EU aims to : (i) strengthen the provisions concerning the quality of the EIA with the aim of achieving a high level of environmental protection; (ii) enhance policy coherence and synergies with other EU law instruments and (iii) simplify procedures, with a view to reducing unnecessary administrative burdens. The main amendments are as follows: · Initial screening: it is proposed to clarify the screening procedure, by modifying the criteria of Annex III and specifying the content and justification of screening decisions. These amendments would ensure that EIAs are carried out only for projects that would have significant environmental effects, avoiding unnecessary administrative burden for small-scale projects. · Quality and analysis of the EIA: it is proposed to: (i) introduce amendments to reinforce the quality of the process (i.e. mandatory scoping and quality control of EIA information), (ii) specify the content of the EIA report (mandatory assessment of reasonable alternatives, justification of final decisions, mandatory post-EIA monitoring of significant adverse effects) and (iii) adapt the EIA to challenges (i.e. biodiversity, climate change, disaster risks, availability of natural resources). · Risk of inconsistencies: it is proposed to: (i) specify the time-frames for the main stages required by the Directive (public consultation, screening decision, final EIA decision) and (ii) introduce a mechanism, a kind of EIA one-stop shop to ensure coordination or joint operation of the EIA with the environmental assessments required under other relevant EU legislation, e.g. Directives 2010/75/EU, 92/43/EEC, 2001/42/EC. BUDGETARY IMPLICATIONS: the proposal has no implications for the EU budget. DELEGATED ACTS: the proposal contains provisions empowering the Commission to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union. New
PURPOSE: to ensure a high level of protection of the environment and human health through establishing common minimum requirements on the assessment of the effects of certain public and private projects on the environment (EIA). PROPOSED ACT: Directive of the European Parliament and of the Council. BACKGROUND: Directive 2011/92/EU (which codifies Directive 85/337/EEC and its three subsequent amendments) contains a legal requirement to carry out an environmental impact assessment (EIA) of public or private projects likely to have significant effects on the environment, prior to their authorisation. The Directive has become a key instrument of environmental integration and has also brought environmental and socio-economic benefits. The mid-term review of the 6th Environment Action Programme and the latest Commission report published in 2009 on the application and efficacy of the EIA Directive (Directive 85/337/EEC) stressed the need for improving the assessment of environmental impacts and to adapt the Directive to the policy, legal and technical context which has evolved considerably. The general objective of the proposal is to adjust the provisions of the codified EIA Directive (Directive 2011/92/EU), so as to correct shortcomings, reflect ongoing environmental and socio-economic changes and challenges, and align with the principles of smart regulation. The revision of the EIA Directive subscribes to the Europe 2020 strategy, in particular the priority of sustainable growth. IMPACT ASSESSMENT: the impact assessment, which is submitted with the proposal, identified shortcomings in the current EIA legislation that lead to unsatisfactory implementation and socio-economic costs in the implementation of the Directive. The shortcomings of the Directive can be grouped into three specific problem areas: (1) the screening procedure, (2) the quality and analysis of the EIA and (3) the risks of inconsistencies within the EIA process itself and in relation to other legislation. The IA assessed a number of policy options with the aim of identifying cost-effective measures to address these problems. Nine of the twelve amendments analysed are expected to provide significant environmental and socio-economic benefits without additional administrative costs; moderate savings are also expected. · Two amendments (assessment of alternatives and monitoring) are expected to provide high environmental and socio-economic benefits at moderate costs for developers and with limited or negligible costs for public authorities. · One amendment (adaptation of the EIA to new challenges) is expected to provide high benefits at moderate to high costs for developers and public authorities. In the long term, the significant environmental and socio-economic benefits and the moderate savings associated with the proposed amendments are likely to exceed the administrative costs. LEGAL BASIS: Article 192(1) of the Treaty on the Functioning of the European Union. CONTENT: the proposal for the amendment of Directive 2011/92/EU aims to : (i) strengthen the provisions concerning the quality of the EIA with the aim of achieving a high level of environmental protection; (ii) enhance policy coherence and synergies with other EU law instruments and (iii) simplify procedures, with a view to reducing unnecessary administrative burdens. The main amendments are as follows: · Initial screening: it is proposed to clarify the screening procedure, by modifying the criteria of Annex III and specifying the content and justification of screening decisions. These amendments would ensure that EIAs are carried out only for projects that would have significant environmental effects, avoiding unnecessary administrative burden for small-scale projects. · Quality and analysis of the EIA: it is proposed to: (i) introduce amendments to reinforce the quality of the process (i.e. mandatory scoping and quality control of EIA information), (ii) specify the content of the EIA report (mandatory assessment of reasonable alternatives, justification of final decisions, mandatory post-EIA monitoring of significant adverse effects) and (iii) adapt the EIA to challenges (i.e. biodiversity, climate change, disaster risks, availability of natural resources). · Risk of inconsistencies: it is proposed to: (i) specify the time-frames for the main stages required by the Directive (public consultation, screening decision, final EIA decision) and (ii) introduce a mechanism, a kind of EIA one-stop shop to ensure coordination or joint operation of the EIA with the environmental assessments required under other relevant EU legislation, e.g. Directives 2010/75/EU, 92/43/EEC, 2001/42/EC. BUDGETARY IMPLICATIONS: the proposal has no implications for the EU budget. DELEGATED ACTS: the proposal contains provisions empowering the Commission to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union. |
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2012-11-21T00:00:00
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