23 Amendments of Merja KYLLÖNEN related to 2018/0138(COD)
Amendment 71 #
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) “comprehensive decision” means the decision or set of decisions taken by a Member State authority orcompetent authoritiesy not including courts or tribunals that determines whether or not a project promoter is to be granted authorisationgiven approval to build the transport infrastructure needed to complete a project without prejudice to any decision taken in the context of an administrative appeal procedure;
Amendment 78 #
Proposal for a regulation
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
(d) “single competent authority” means the authority which the Member State designates as responsible for performing the duties arising from this Regulation;
Amendment 84 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Each project of common interest on the TEN-T core network shall be subject to an integrated permit granting procedure managed by a single competent authority designated by each Member State in accordance with Articles 5 and 6.
Amendment 93 #
Proposal for a regulation
Article 4 – title
Article 4 – title
Amendment 97 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. In order to meet the time limits set out in Article 6 and reduce the administrative burden related to the completion of projects of common interest, all the administrative procedures resulting from the applicable law, both national and of the Union, shall be integrated and result in only oneresult in comprehensive decision.
Amendment 98 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. In the case of projects of common interest for which the obligation to carry out assessments of the effects on the environment arises simultaneously from Directive 2011/92/EU of the European Parliament and of the Council and other Union law, Member States shall ensure that joint procedures within the meaning of Article 2(3) of Directive 2011/92/EU are provided for. The assessments may be carried out before pre-application phase referred to in Article 6.
Amendment 104 #
Proposal for a regulation
Article 5 – title
Article 5 – title
5 Single competent permit grantingCompetent authority
Amendment 106 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. By … (OP please insert the date one year of the entry into force of this Regulation), each Member State shall designate one single competent authority which shall be responsible for facilitating the permit granting process including for making the comprehensive decision.
Amendment 108 #
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1 – introductory part
Article 5 – paragraph 2 – subparagraph 1 – introductory part
The responsibility of the single competent authority referred to in paragraph 1 and/or the tasks related to it may be delegated to, or carried out by, another authority at the appropriate administrative level, per project of common interest or per particular category of projects of common interest, under the following conditionsshall:
Amendment 113 #
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1 – point a
Article 5 – paragraph 2 – subparagraph 1 – point a
Amendment 118 #
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1 – point b
Article 5 – paragraph 2 – subparagraph 1 – point b
(b) the authority is the solfunctions as the point of contact for the project promoter in the procedure leading to the comprehensive decision for a given project of common interest, and
Amendment 120 #
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1 – point c
Article 5 – paragraph 2 – subparagraph 1 – point c
(c) the authority coordinates the submission of all relevant documents and information.
Amendment 121 #
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 2
Article 5 – paragraph 2 – subparagraph 2
The single competent authority may retain the responsibility to establish time limits, without prejudice to the time limits set in accordance with Article 6. If permit granted or opinion given by authority is likely to be delayed that authority shall inform the competent authority and explain reasons for delay. The competent authority shall reassess the time limit within which the decision or opinion shall be issued while respecting the time limits set in Article 6, if possible.
Amendment 124 #
Proposal for a regulation
Article 5 – paragraph 3 – subparagraph 1
Article 5 – paragraph 3 – subparagraph 1
The single competent authority shall issue the comprehensive decision within the time limits specified in Article 6. It shall do so following joint procedures.
Amendment 127 #
Proposal for a regulation
Article 5 – paragraph 3 – subparagraph 2
Article 5 – paragraph 3 – subparagraph 2
The comprehensive decision issued by the single competent authority shall be the sole legally binding decision resulting from the statutory permit granting procedures. Where other authorities are concerned by the project, they may give their opinion as input to the procedureshall exercise their competences, in accordance with national legislation. Thiseir permits, decisions and opinions shall be taken into account by the singlrespected by the competent authority.
Amendment 132 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. The permit granting procedure shall consist of the pre-application phase and the phase of the assessment of the application and the decision-making by the single competent authority.
Amendment 137 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The pre-application phase, covering the period from the start of the permit granting procedure to the submission of the complete application file to the single competent authority, shall in principle not exceed two years.
Amendment 142 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. In order to launch the permit granting procedure, the project promoter shall notify the single competent authority of the Member States concerned about the project in writing, and shall include a detailed description of the project. No later than two months following the receipt of the above notification, the single competent authority shall either acknowledge it or, if it considers that the project is not mature enough to enter the permit granting procedure, reject the notification in writing. If the single competent authority decides to reject the notification, it shall justify its decision. The date of signature of the acknowledgement of the notification by the competent authority shall serve as the start of the permit granting procedure. If two or more Member States are concerned, the date of the acceptance of the last notification by the competent authority concerned shall serve as the date of the start of the permit granting procedure.
Amendment 146 #
Proposal for a regulation
Article 6 – paragraph 4 – introductory part
Article 6 – paragraph 4 – introductory part
4. Within three months of the start of the permit granting procedure, the single competent authority, in close cooperation with the project promoter and other authorities concerned and taking into account the information submitted by the project promoter on the basis of the notification referred to in paragraph 3, shall establish and communicate to the project promoter a detailed application outline, containing:
Amendment 149 #
Proposal for a regulation
Article 6 – paragraph 4 – point b – point i
Article 6 – paragraph 4 – point b – point i
(i) the permits, decisions and opinions to be obtained;
Amendment 152 #
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
5. In order to ensure that the application file is complete and of adequate quality, the project promoter shall seek the single competent authority’s opinion on its application as early as possible during the pre-application procedure. The project promoter shall cooperate fully with the single competent authority to meet deadlines and comply with the detailed application outline as defined in paragraph 4.
Amendment 161 #
Proposal for a regulation
Article 6 – paragraph 6
Article 6 – paragraph 6
6. The project promoter shall submit the application file based on the detailed application outline within the period of 21 months from the receipt of that detailed application outline. After the expiry of that period, the detailed application outline is no longer considered applicable, unless the single competent authority decides to prolong that period, on the basis of a justified request from the project promoter.
Amendment 168 #
Proposal for a regulation
Article 6 – paragraph 8
Article 6 – paragraph 8
8. The single competent authority shall assess the application and adopt a comprehensive decision within the period of one year6 months from the date of submission of the complete application file in accordance with paragraph 7. Member States may set an earlier time-limit, where appropriate.