24 Amendments of Kosma ZŁOTOWSKI related to 2018/0138(COD)
Amendment 42 #
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) Legal measures taken by the Member States to enhance the investment process, including procedures relating to the issuing of administrative decisions on strategic infrastructure investments, are an important tool when it comes to making progress towards the completion of the trans-European transport network, and should be regarded as satisfying the requirements of this Regulation.
Amendment 48 #
Proposal for a regulation
Recital 6
Recital 6
(6) The establishment of a single competent authority at national level integrating all permit granting procedures (one-stop shop) should reduce the complexity, improve the efficiency and increase the transparency of the procedures. It should also enhance the cooperation between Member States where appropriate. The procedures should promote a real cooperation between investors and the single competent authority and should therefore allow for the scoping in the pre-application phase of the permit granting procedure. Such scoping should be integrated in the detailed application outline and follow the procedure set out in Article 5(2) of 2011/92/EU, as amended by Directive 2014/52/EU.
Amendment 64 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation sets out requirements which may be applicable to the administrative procedures followed by the competent authorities of Member States in relation to the authorisation and implementation of all projects of common interest on the core network of the trans- European transport network..
Amendment 66 #
Measures to enhance investment processes that are in place in the Member States shall be regarded as satisfying the requirements of this Regulation.
Amendment 76 #
Proposal for a regulation
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
(d) ‘single competent authority’ means the authorityan authority or authorities, operating within a specified administrative area, which the Member State designates as responsible for performing the duties arising from this Regulation;
Amendment 85 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Each project of common interest on the TEN-T core network shallmay 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 103 #
Proposal for a regulation
Article 5 – title
Article 5 – title
Amendment 107 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. By … ([OP please insert the date: one year ofafter the entry into force of this Regulation)], each Member State shall designate one singlea competent authority which shall be responsible for facilitating the permit granting process including for making the comprehensive decision.
Amendment 112 #
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 conditions:
Amendment 115 #
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1 – point a
Article 5 – paragraph 2 – subparagraph 1 – point a
(a) only onethe competent authority is responsible perfor a project of common interest;
Amendment 117 #
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 solemain point of contact for the project promoter in the procedure leading to the comprehensive decision for a given project of common interest, and
Amendment 122 #
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.
Amendment 123 #
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 125 #
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 solea legally binding decision resulting from the statutory permit granting procedure. Where other authorities are concerned by the project, they may give their opinion as input to the procedure, in accordance with national legislation. This opinion shall be taken into account by the single competent authoritye competent authority is required to take such opinions into account, particularly if they concern the requirements laid down in Directive 2014/52/EU of the European Parliament and of the Council and Council Directive 92/43/EEC.
Amendment 129 #
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. When taking the comprehensive decision, the single competent authority shall ensure that the relevant requirements under international and Union law are respected and shall duly justify its decision.
Amendment 135 #
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 141 #
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 twofour 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 147 #
Proposal for a regulation
Article 6 – paragraph 4 – introductory part
Article 6 – paragraph 4 – introductory part
4. Within threesix 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 detailedn application outline, containing:
Amendment 153 #
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 160 #
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 214 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 163 #
Proposal for a regulation
Article 6 – paragraph 7
Article 6 – paragraph 7
7. At the latest within the period of twosix months from the date of submission of the complete application file, the competent authority shall acknowledge in writing the completeness of the application file and communicate it to the project promoter. The application file submitted by the project promoter shall be considered as being complete, unless, within the period of twohree months from the date of submission, the competent authority makes a request regarding missing information to be submitted by the project promoter. That request shall be limited, as regards the material scope and level of detail, to the elements identified in the detailed application outline. Any additional request for information shall only result from exceptional and unforeseen new circumstances and shall be duly justified by the single competent authority.
Amendment 169 #
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 year 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.
Amendment 174 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Without prejudice to the obligation to comply with the time limits under this Regulation, if the time-limit for the comprehensive decision is not observed, the competent authority shall immediately inform the European Coordinator concerned about the measures taken or to be taken to conclude the permit granting procedure with the least possible delay. The European Coordinator may request the competent authority to regularly report on progress achieved.
Amendment 179 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1