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86 Amendments of Marianne THYSSEN related to 2012/0297(COD)

Amendment 103 #
Marianne THYSSEN
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, the first indent is replaced by the following: "- the execution of construction or demolition works, or of other installations or schemes,"deleted
2013/05/29
Committee: ENVI
Amendment 115 #
Marianne THYSSEN
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."
2013/05/29
Committee: ENVI
Amendment 116 #
Marianne THYSSEN
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 assessmentthe verification by the competent authority, the taking into account of the environmental report and the results of the consultations (including with the public concerned and the authorities) in the development consent procedure as well as the provision of information on the decision in accordance with Aarticles 5 to 10.
2013/05/29
Committee: ENVI
Amendment 142 #
Marianne THYSSEN
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 shallmay be subject to coordinated or joint procedures fulfilling the requirements of the relevant Union legislation.
2013/05/29
Committee: ENVI
Amendment 144 #
Marianne THYSSEN
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 any provisions to the contrary contained in other relevant Union legislation.deleted
2013/05/29
Committee: ENVI
Amendment 148 #
Marianne THYSSEN
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 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 legislation.deleted
2013/05/29
Committee: ENVI
Amendment 153 #
Marianne THYSSEN
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 development consent procedure for each project.deleted
2013/05/29
Committee: ENVI
Amendment 164 #
Marianne THYSSEN
Proposal for a directive
Article 1 – point 3
Directive 2011/92/EU
Article 3 – introductory part
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 45 to 11, the direct and indirect significan0 and in an appropriate manner identify and describe the relevant direct and indirect effects of a project on the following factors and assess if those effects are significant:
2013/05/29
Committee: ENVI
Amendment 167 #
Marianne THYSSEN
Proposal for a directive
Article 1 – point 3
Directive 2011/92/EU
Article 3 – point a
(a) population, human health,; fauna, flora and biodiversity, with particular attention to species and habitats protected under Council Directives 92/43/EEC and Directive 2009/147/EC of the European Parliament and of the Council;
2013/05/29
Committee: ENVI
Amendment 186 #
Marianne THYSSEN
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 (c), to natural and man-made disaster risks.deleted
2013/05/29
Committee: ENVI
Amendment 203 #
Marianne THYSSEN
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 used is specified in Annex IIIrelevant selection criteria set out in Annex III shall be taken into account.
2013/05/29
Committee: ENVI
Amendment 209 #
Marianne THYSSEN
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 decistermination pursuant to paragraph 2, on the basis of the information provided by the developer pursuant to paragraph 3 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 decistermination pursuant to paragraph 2 shall:
2013/05/29
Committee: ENVI
Amendment 227 #
Marianne THYSSEN
Proposal for a directive
Article 1 – point 4 – point b
Directive 2011/92/EU
Article 4 – paragraph 6 – subparagraph 1
6. TMember States shall ensure that the competent authority shall makes its decistermination pursuant to paragraph 2 within three months from the request for development consent and provided thamoment the developer has submitted all the requisite information pursuant to paragraph 3. Depending on the nature, complexity, location and size of the proposed project, the competent authority may extend that deadline by a further 3 months; in that case, the competent authority shall inform the developer of the reasons justifying the extension and of the date when its determination is expected.
2013/05/29
Committee: ENVI
Amendment 231 #
Marianne THYSSEN
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.
2013/05/29
Committee: ENVI
Amendment 233 #
Marianne THYSSEN
Proposal for a directive
Article 1 – point 4 – point b
Directive 2011/92/EU
Article 4– paragraph 6 – subparagraph 2
Where the project is made subject to an environmental impact assessment in accordance with Articles 5 to 10, the decision pursuant to paragraph 2 of this Article shall include the information set out in Article 5(2).deleted
2013/05/29
Committee: ENVI
Amendment 234 #
Marianne THYSSEN
Proposal for a directive
Article 1 – point 5
Directive 2011/92/EU
Article 5 – paragraph 1
1. Wheren an environmental impact assessment must be carried out in accordance with Aarticles 5 to 10, the developer shall preparesubmit an environmental report. The environmental report shall be based on the determination pursuant to paragraph 2 of this Article andinclude the information and assessments specified in Annex IV. When preparing the environmental report, the developer shall 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 and shall take into account: (a) the opinion, given by the competent authority pursuant to paragraph 2, on the scope and level of detail of the information to be providsupplied inby the environmental report is specified in Annex IVdeveloper; (b) current knowledge and methods of assessment.
2013/05/29
Committee: ENVI
Amendment 247 #
Marianne THYSSEN
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.
2013/05/29
Committee: ENVI
Amendment 253 #
Marianne THYSSEN
Proposal for a directive
Article 1 – point 5
Directive 2011/92/EU
Article 5 – paragraph 2 – subparagraph 1 – introductory part
2. TMember States shall ensure that, if the developer so requests, the competent authority, after having consulted the developer and the authorities referred to in Aarticle 6(1) and the developer, shall determine, shall give an opinion on the scope and level of detail of the information to be includsupplied by the developer in the environmental report, in accordance with paragraph 1 of this Article. In particular, it shall determinaccordance with paragraph 1. In particular the requested opinion shall include:
2013/05/29
Committee: ENVI
Amendment 261 #
Marianne THYSSEN
Proposal for a directive
Article 1 – point 5
Directive 2011/92/EU
Article 5 – paragraph 2 – subparagraph 1 – point a
(a) the decisions and opinions to be obtaindeleted;
2013/05/29
Committee: ENVI
Amendment 265 #
Marianne THYSSEN
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 their duration;deleted
2013/05/29
Committee: ENVI
Amendment 284 #
Marianne THYSSEN
Proposal for a directive
Article 1 – point 5
Directive 2011/92/EU
Article 5 – paragraph 2 – subparagraph 1 – point f
(f) the information to be submitted relevant to the specific characteristics of a particular project or type of project;deleted
2013/05/29
Committee: ENVI
Amendment 286 #
Marianne THYSSEN
Proposal for a directive
Article 1 – point 5
(g) the information and knowledge available and obtained at other levels of decision-making or through other Union legislation, and the methods of assessment to be used.
2013/05/29
Committee: ENVI
Amendment 288 #
Marianne THYSSEN
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 experts referred to in paragraph 3 of this ArticleIf the developer requests an opinion, the competent authority may request the developer to deliver the additional information which it deems useful to give the opinion. Subsequent requests to the developer for additional information may only be made if these are justified by new circumstances and duly explained by the competent authority.
2013/05/29
Committee: ENVI
Amendment 293 #
Marianne THYSSEN
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.
2013/05/29
Committee: ENVI
Amendment 294 #
Marianne THYSSEN
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 reports referred to in Article 5(1):, the environmental report shall be verified by technically competent experts, committees of experts or by a competent authority.
2013/05/29
Committee: ENVI
Amendment 295 #
Marianne THYSSEN
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 experts ordeleted
2013/05/29
Committee: ENVI
Amendment 305 #
Marianne THYSSEN
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 experts and/or committees of national experts.deleted
2013/05/29
Committee: ENVI
Amendment 316 #
Marianne THYSSEN
Proposal for a directive
Article 1 – point 5
Directive 2011/92/EU
Article 5 – paragraph 3 – subparagraph 2
Where accredited and technically competent experts assisted the competent authority to prepare the determination referred to in Article 5(2), the same experts shall not be used by the developer for the preparation of the environmental report.deleted
2013/05/29
Committee: ENVI
Amendment 326 #
Marianne THYSSEN
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), shall be determined by the Member States.deleted
2013/05/29
Committee: ENVI
Amendment 343 #
Marianne THYSSEN
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 decision-making subject to the provisions of this Articleimpact assessment. In particular 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.
2013/05/29
Committee: ENVI
Amendment 345 #
Marianne THYSSEN
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 authority may extend this time-frame by a further 30 days; in that case, the competent authority shall inform the developer of the reasons justifying the extension.deleted
2013/05/29
Committee: ENVI
Amendment 353 #
Marianne THYSSEN
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. To this end, the decision to grant development consent shall containinclude the following information:
2013/05/29
Committee: ENVI
Amendment 354 #
Marianne THYSSEN
Proposal for a directive
Article 1 – point 8
(a) 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;
2013/05/29
Committee: ENVI
Amendment 358 #
Marianne THYSSEN
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, including the likely evolution of the existing state of the environment without implementation of the project (baseline scenario)giving consent to the project;
2013/05/29
Committee: ENVI
Amendment 365 #
Marianne THYSSEN
Proposal for a directive
Article 1 – point 8
Directive 2011/92/EU
Article 8 – paragraph 1 – point c
(c) a summary of the comments received pursuant to Articles 6 and 7;deleted
2013/05/29
Committee: ENVI
Amendment 366 #
Marianne THYSSEN
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 and how the environmental report and the results of the consultations and the information gathered pursuant to Articles 5, 6 and 7 have been incorporated or otherwise addressed.
2013/05/29
Committee: ENVI
Amendment 367 #
Marianne THYSSEN
Proposal for a directive
Article 1 – point 8
Directive 2011/92/EU
Article 8 – paragraph 1 – point d – subparagraph 2
For projects likely to have significant adverse transboundary effects, the competent authority shall provide information for not having taken into account comments received by the affected Member State during the consultations carried out pursuant to Article 7.deleted
2013/05/29
Committee: ENVI
Amendment 371 #
Marianne THYSSEN
Proposal for a directive
Article 1 – point 8
Directive 2011/92/EU
Article 8 – paragraph 2 – subparagraph 1
1. IfBased on 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, the competent authority or authorities shall consider whether the environmental report referred to in Article 5(1) should be revised and the projecrequest for development consent modified to avoid or reduce these adverse effects and whether additional mitigation or compensation measures are needed.
2013/05/29
Committee: ENVI
Amendment 375 #
Marianne THYSSEN
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.
2013/05/29
Committee: ENVI
Amendment 379 #
Marianne THYSSEN
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 thatconsider whether the development consent should 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 unforeseeablen adverse effects.
2013/05/29
Committee: ENVI
Amendment 390 #
Marianne THYSSEN
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.
2013/05/29
Committee: ENVI
Amendment 392 #
Marianne THYSSEN
Proposal for a directive
Article 1 – point 8
Directive 2011/92/EU
Article 8 – paragraph 3
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 three months. Depending on the nature, complexity, location and size of the proposed project, the competent authority may extend that deadline by a further 3 months; in that case, the competent authority shall inform the developer of the reasons justifying the extension and of the date when its decision is expected.deleted
2013/05/29
Committee: ENVI
Amendment 407 #
Marianne THYSSEN
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.deleted
2013/05/29
Committee: ENVI
Amendment 411 #
Marianne THYSSEN
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 appropriatenational procedures, and shall make the decision available to the public the followingand to the authorities referred to in Article 6 (1) in accordance with Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information:.
2013/05/29
Committee: ENVI
Amendment 414 #
Marianne THYSSEN
Proposal for a directive
Article 1 – point 9 – point a
Directive 2011/92/EU
Article 9 – paragraph 1 – point a
(a) the content of the decision and any conditions attached thereto;deleted
2013/05/29
Committee: ENVI
Amendment 415 #
Marianne THYSSEN
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 the public participation process;deleted
2013/05/29
Committee: ENVI
Amendment 418 #
Marianne THYSSEN
Proposal for a directive
Article 1 – point 9 – point a
(c) a description of the main measures to avoid, reduce and, if possible, offset the significant adverse effects;deleted
2013/05/29
Committee: ENVI
Amendment 419 #
Marianne THYSSEN
Proposal for a directive
Article 1 – point 9 – point a
Directive 2011/92/EU
Article 9 – paragraph 1 – point d
(d) a description, where appropriate, of the monitoring measures referred to in Article 8(2).deleted
2013/05/29
Committee: ENVI
Amendment 423 #
Marianne THYSSEN
Proposal for a directive
Article 1 – point 9 – point b
Directive 2011/92/EU
Article 9 – paragraph 3
(b) The following paragraph 3 is added: 3. Member States may also decide to make available to the public the information referred to in paragraph 1, when the competent authority concludes its environmental impact assessment of the project.deleted
2013/05/29
Committee: ENVI
Amendment 428 #
Marianne THYSSEN
Proposal for a directive
Article 1 – point 10
Directive 2011/92/EU
Article 12 – paragraph 2 – introductory part
In particular, every six years from the date specified in Article 2(1) of Directive XXX [OPOCE please introduce the n° of this Directive] Member States shall inform the Commission of:Member States shall inform the Commission of any criteria and/or thresholds adopted for the selection of the projects in question, in accordance with Article 4(2).
2013/05/29
Committee: ENVI
Amendment 429 #
Marianne THYSSEN
Proposal for a directive
Article 1 – point 10
Directive 2011/92/EU
Article 12 – paragraph 2 – point a
(a) the number of projects referred to in Annexes I and II made subject to an assessment in accordance with Articles 5 to 10;deleted
2013/05/29
Committee: ENVI
Amendment 430 #
Marianne THYSSEN
Proposal for a directive
Article 1 – point 10
Directive 2011/92/EU
Article 12 – paragraph 2 – point b
(b) the breakdown of assessments according to the project categories set out in Annexes I and II;deleted
2013/05/29
Committee: ENVI
Amendment 431 #
Marianne THYSSEN
Proposal for a directive
Article 1 – point 10
Directive 2011/92/EU
Article 12 – paragraph 2 – point c
(c) the breakdown of assessments undertaken by type of developer;deleted
2013/05/29
Committee: ENVI
Amendment 432 #
Marianne THYSSEN
Proposal for a directive
Article 1 – point 10
Directive 2011/92/EU
Article 12 – paragraph 2 – point d
(d) the number of projects referred to in Annex II made subject to a determination in accordance with Article 4(2);deleted
2013/05/29
Committee: ENVI
Amendment 433 #
Marianne THYSSEN
Proposal for a directive
Article 1 – point 10
Directive 2011/92/EU
Article 12 – paragraph 2 – point e
(e) the average duration of the environmental impact assessment process;deleted
2013/05/29
Committee: ENVI
Amendment 434 #
Marianne THYSSEN
Proposal for a directive
Article 1 – point 10
Directive 2011/92/EU
Article 12 – paragraph 2 – point f
(f) the average cost of the environmental impact assessments.deleted
2013/05/29
Committee: ENVI
Amendment 440 #
Marianne THYSSEN
Proposal for a directive
Article 1 – point 11
Directive 2011/92/EU
Articles 12a and 12b
(11) The following Articles 12a and 12b are inserted: "Article 12a The Commission shall be empowered to adopt delegated acts, in accordance with Article 12b, concerning 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. Article 12b 1. The power to adopt delegated acts is conferred on the Commission subject to the condition laid down in this Article. 2. The delegation of power referred to in Article 12a shall be conferred on the Commission for an indeterminate period of time from the [OPOCE please introduce date of the entry into force of this Directive]. 3. The delegation of power referred to in Article 12a may be revoked at any time by the European Parliament or by the Council. A revocation decision shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a date specified therein. It shall not affect the validity of any delegated acts already in force. 4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 5. A delegated act adopted pursuant to Article 12a shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of the notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council."deleted
2013/05/29
Committee: ENVI
Amendment 443 #
Marianne THYSSEN
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 Commission the text of those provisions and a document explaining the relationship between them and this Directive.
2013/05/29
Committee: ENVI
Amendment 444 #
Marianne THYSSEN
Proposal for a directive
Article 2 – paragraph 2
2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.deleted
2013/05/29
Committee: ENVI
Amendment 453 #
Marianne THYSSEN
Proposal for a directive
Article 3
Projects for which the request for development consDirective 2011/92/EU as amended by this Directive shall not apply to projects for which the obligation to carry out an environmental impact assessment whas introducbeen determined before the date referred to in the first subparagraph of Article 2(1) and, with the exception of projects for which the environmental impact assessment hais not been concluded before that date shall be subject to the obligations referred to in Articles 3 to 11 of Directive 2011/92/EU as amended by this Directiv24 months at the latest after the aforementioned date.
2013/05/29
Committee: ENVI
Amendment 477 #
Marianne THYSSEN
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."
2013/05/29
Committee: ENVI
Amendment 493 #
Marianne THYSSEN
Proposal for a directive
Annex – point 2
Directive 2011/92/EU
Annex III – paragraph 1 – point b
(b) cumulation with other projects and activitiesfor which a permit has been issued, and to the extent situated in the geographical area likely to be affected and not yet constructed or operational and without being obliged to take other information than existing information or publicly available information about these projects into account;
2013/05/29
Committee: ENVI
Amendment 496 #
Marianne THYSSEN
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, including hydromorphological changes;
2013/05/29
Committee: ENVI
Amendment 499 #
Marianne THYSSEN
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);
2013/05/29
Committee: ENVI
Amendment 502 #
Marianne THYSSEN
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, where relevant, hydromorphological changes, substances, or technologies or living organisms used, to specific surface and subsurface conditions or alternative use, and to the probability of accidents or disasters and the vulnerability of the project to these risks;
2013/05/29
Committee: ENVI
Amendment 515 #
Marianne THYSSEN
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), air (emissions of air pollutants and air quality ) and biodiversity (population quality and quantity and ecosystem degradation and fragmentation);
2013/05/29
Committee: ENVI
Amendment 524 #
Marianne THYSSEN
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;
2013/05/29
Committee: ENVI
Amendment 525 #
Marianne THYSSEN
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, agriculture areas with a high nature value;
2013/05/29
Committee: ENVI
Amendment 527 #
Marianne THYSSEN
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;
2013/05/29
Committee: ENVI
Amendment 529 #
Marianne THYSSEN
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 beenis a failure to meet the environmental quality standards, laid down in Union legislation and relevant to the project, or is likely to be such a failure as far as no overall environmental benefit is achieved;
2013/05/29
Committee: ENVI
Amendment 537 #
Marianne THYSSEN
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 (in particular existing and/or approved) by the same or different developersfor which a permit has been issued and to the extent situated in the geographical area likely to be affected and not yet constructed or operational and without being obliged to take other information than existing information or publicly available information about these projects into account;
2013/05/29
Committee: ENVI
Amendment 540 #
Marianne THYSSEN
Proposal for a directive
Annex – point 2
Directive 2011/92/EU
Annex III – paragraph 3 – point k
(k) the information and findings on environmthe characteristics of the potential effeimpacts obtained from assessments required under other EU legislation.
2013/05/29
Committee: ENVI
Amendment 542 #
Marianne THYSSEN
Proposal for a directive
Annex – point 2
(l) the possibility of avoiding, preventing or reducing impacts effectively.
2013/05/29
Committee: ENVI
Amendment 550 #
Marianne THYSSEN
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;
2013/05/29
Committee: ENVI
Amendment 551 #
Marianne THYSSEN
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.
2013/05/29
Committee: ENVI
Amendment 557 #
Marianne THYSSEN
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, 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.
2013/05/29
Committee: ENVI
Amendment 563 #
Marianne THYSSEN
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, in particular, those relating to any areas of a particular environmental importance and the use of natural resources.
2013/05/29
Committee: ENVI
Amendment 565 #
Marianne THYSSEN
Proposal for a directive
Annex – point 2
Directive 2011/92/EU
Annex IV – paragraph 4
4. A description of the aspectfactors 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 (emissions and air quality), climatic factors, climate change (greenhouse gas emissions, including from land use, land use change and forestry, mitigation potential, impacts relevant to adaptation, if the project takes into account risks associated with climate change), material assets, cultural heritage, including architectural and archaeological ones, landscape; such a. This description should includecover the inter-relationship between the above factors, as well as the exposure, vulnerability and resilience of the above factors to natural and man-made disaster risks.
2013/05/29
Committee: ENVI
Amendment 569 #
Marianne THYSSEN
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:
2013/05/29
Committee: ENVI
Amendment 572 #
Marianne THYSSEN
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 and the ecosystem services it providesfauna, flora, biodiversity, considering as far possible the availability of these resources also in the light of changing climatic conditions;
2013/05/29
Committee: ENVI
Amendment 574 #
Marianne THYSSEN
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);
2013/05/29
Committee: ENVI
Amendment 577 #
Marianne THYSSEN
Proposal for a directive
Annex – point 2
(e) the cumulation of effeimpacts with other projects and activitiesthe impacts of other projects for which a permit has been issued and to the extent situated in the geographical area likely to be affected and not yet constructed or operational and without being obliged to take other information than existing information or publicly available information about these projects into account;
2013/05/29
Committee: ENVI
Amendment 580 #
Marianne THYSSEN
Proposal for a directive
Annex – point 2
Directive 2011/92/EU
Annex IV – paragraph 5 – subparagraph 1 – point h
(h) hydromorphological changes, where relevant.
2013/05/29
Committee: ENVI
Amendment 584 #
Marianne THYSSEN
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 and their influence on the effect estimates and selection of the preferred alternative.
2013/05/29
Committee: ENVI
Amendment 586 #
Marianne THYSSEN
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 reduced or offset and should cover both the construction and operational phases.
2013/05/29
Committee: ENVI
Amendment 589 #
Marianne THYSSEN
Proposal for a directive
Annex – point 2
Directive 2011/92/EU
Annex IV – paragraph 8
8. An assessment of the natural and man- made disaster risks and risk of accidents to which the project could be vulnerable and, where appropriate, a description of the measures envisaged to prevent such risks, as well as measures regarding preparedness for and response to emergencies (e.g. measures required under Directive 96/82/EC as amended).deleted
2013/05/29
Committee: ENVI
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