BETA

17 Amendments of Christofer FJELLNER related to 2012/0297(COD)

Christofer FJELLNER, Eija-Riitta KORHOLA

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

Christofer FJELLNER, Eija-Riitta KORHOLA

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 ~~shall~~may be subject to coordinated or joint procedures fulfilling the requirements of the relevant Union legislation, if deemed appropriate by the authorities in the Member State.

2013/05/29
Committee: ENVI

Christofer FJELLNER, Eija-Riitta KORHOLA

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, and 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.

2013/05/29
Committee: ENVI

Christofer FJELLNER, Eija-Riitta KORHOLA

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 usconsidered is specified in Annex III.

2013/05/29
Committee: ENVI

Christofer FJELLNER, Eija-Riitta KORHOLA

Proposal for a directive
Article 1 – point 4 – point b

Directive 2011/92/EU
Article 4 – paragraph 5 – point b

(b) 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;deleted

2013/05/29
Committee: ENVI

Christofer FJELLNER, Eija-Riitta KORHOLA

Proposal for a directive
Article 1 – point 5

Directive 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 Article. In particular, it shall determine: (a) the decisions and opinions to be obtained; (b) the authorities and the public likely to be concerned; (c) the individual stages of the procedure and their duration; (d) reasonable alternatives relevant to the proposed project and its specific characteristics; (e) the environmental features referred to in Article 3 likely to be significantly affected; (f) the information to be submitted relevant to the specific characteristics of a particular project or type of project; (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.deleted

2013/05/29
Committee: ENVI

Christofer FJELLNER, Eija-Riitta KORHOLA

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 or

2013/05/29
Committee: ENVI

Christofer FJELLNER, Eija-Riitta KORHOLA

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.

2013/05/29
Committee: ENVI

Christofer FJELLNER, Eija-Riitta KORHOLA

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 ex~~developerts sh~~all not be used by the develo~~ould avoid using the same experts for the preparation of the environmental report.

2013/05/29
Committee: ENVI

Christofer FJELLNER, Eija-Riitta KORHOLA

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

Christofer FJELLNER, Eija-Riitta KORHOLA

Proposal for a directive
Article 1 – point 8

Directive 2011/92/EU
Article 8 – paragraph 2

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 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. 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. 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. Existing monitoring arrangements resulting from other Union legislation may be used if appropriate.deleted

2013/05/29
Committee: ENVI

Christofer FJELLNER, Eija-Riitta KORHOLA

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

Christofer FJELLNER, Eija-Riitta KORHOLA

Proposal for a directive
Article 1 – point 11

Directive 2011/92/EU
Articles 12 a 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

Christofer FJELLNER, Eija-Riitta KORHOLA

Proposal for a directive
Annex – point 1

Directive 2011/92/EU
Annex II.A – paragraph 2

~~2. A description of the aspects of the environment likely to be significantly affected by the proposed project.~~deleted

2013/05/29
Committee: ENVI

Christofer FJELLNER, Eija-Riitta KORHOLA

Proposal for a directive
Annex – point 1

Directive 2011/92/EU
Annex II.A – paragraph 3

3. A description of the likely significant effects of the proposed project on the environment resulting from: (a) the expected residues and emissions and the production of waste; (b) the use of natural resources, in particular soil, land, water, and biodiversity, including hydromorphological changes.deleted

2013/05/29
Committee: ENVI

Christofer FJELLNER, Eija-Riitta KORHOLA

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.~~deleted

2013/05/29
Committee: ENVI

Christofer FJELLNER, Eija-Riitta KORHOLA

Proposal for a directive
Annex – point 2

Directive 2011/92/EU
Annex III – paragraph 1 – point b

~~(b) cumulation with other projects and activities;~~deleted

2013/05/29
Committee: ENVI