20 Amendments of Markus FERBER related to 2018/0138(COD)
Amendment 38 #
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) This Regulation applies only to Union projects which are projects of common interest as defined in Regulation (EU) No 1315/2013 and which are part of the core network of the trans-European transport network.
Amendment 41 #
Proposal for a regulation
Recital 3
Recital 3
(3) In the legal frameworks of many Member States priority treatment is given to certain project categories based on their strategic importance for the economy. Priority treatment is characterised by shorter timelines, simultaneous procedures or limited timeframes for appeals while ensuring that the objectives of other horizontal policies are also reached. When such a framework exists within a national legal framework, it should be possible for it automatically to apply to Union projects recognised as projects of common interest under Regulation (EU) No 1315/2013.
Amendment 44 #
Proposal for a regulation
Recital 5
Recital 5
Amendment 47 #
Proposal for a regulation
Recital 6
Recital 6
Amendment 50 #
Proposal for a regulation
Recital 8
Recital 8
(8) Given the urgency to complete the TEN-T core network, the simplification of permit granting procedures after the project promoter has submitted the application documents should be accompanied by a time limit within which competent authorities responsible should make a comprehensive decision regarding the construction of the project. This time limit should stimulate a more efficient handling of procedures and should, under no circumstances, compromise the Union's high standards for environmental protection and public participation.
Amendment 68 #
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 Statecompetent authority or competent authorities of a Member State not including courts or tribunals that determines whether or not a project promoter is to be granted authorisation 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 75 #
Proposal for a regulation
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
Amendment 82 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
Amendment 87 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Where priority status exists under national law, projects of common interest shallmay be granted the status with the highest national significance possible, and be treated as such in permit granting procedures, where and in the manner such treatment is provided for in national legislation applicable to the corresponding types of transport infrastructure.
Amendment 96 #
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, shallmay be integrated and result in only one comprehensive decision.
Amendment 102 #
Proposal for a regulation
Article 5
Article 5
Amendment 131 #
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 singlecompetent authority or competent authorityies.
Amendment 133 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 138 #
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 singlecompetent authority or competent authorityies 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 or two or more national authorities 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 144 #
Proposal for a regulation
Article 6 – paragraph 4 – introductory part
Article 6 – paragraph 4 – introductory part
4. Within three months ofAfter 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 154 #
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 155 #
Proposal for a regulation
Article 6 – paragraph 6
Article 6 – paragraph 6
Amendment 164 #
Proposal for a regulation
Article 6 – paragraph 7
Article 6 – paragraph 7
7. At the latest within the period of two 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 two 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 165 #
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, unless the competent authority decides to extend this period on its own initiative, substantiating the decision, or on the basis of a substantiated application by the project promoter. Member States may also set an earlier time-limit, where appropriate.
Amendment 177 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. In case the procurement procedures are conducted by a joint entity set up by the participating Member States, that entity shall apply the national provisions of one of those Member States and, by way of derogation from these Directives, those provisions shall be the provisions determined in accordance with point (a) of Article 57(5) of Directive 2014/25/EU of the European Parliament and of the Council or point (a) of Article 39(5) of Directive 2014/24/EU of the European Parliament and of the Council, as applicable, unless an agreement between the participating Member States provides otherwise. Such an agreement shall in any case provide for the application of a single national legislation in case of the procurement procedures conducted by a joint entity. It should remain possible to define the applicable legislation in an intergovernmental agreement.