16 Amendments of Margrete AUKEN related to 2012/0297(COD)
Amendment 69 #
Proposal for a directive
Recital 13
Recital 13
(13) Experience has shown that in cases of civil emergency compliance with the provisions of Directive 2011/92/EU may have adverse effects, and provision should therefore be made to authorise Member States not to apply that Directive in appropriate casesexceptionally to projects having as their sole purpose the response to civil emergencies, under the condition that appropriate information is timely supplied to the Commission justifying the choice and the public concerned, and provided that any other feasible alternatives have been considered.
Amendment 85 #
Proposal for a directive
Recital 22 a (new)
Recital 22 a (new)
(22a) Public involvement in decision- making from an early stage is critical to ensure that the decision-maker will take account of opinions and concerns which may be relevant to those decisions, thereby increasing the accountability and transparency on the decision-making process, improving the substantive quality of decisions and contributing to public awareness of environmental issues.
Amendment 88 #
Proposal for a directive
Recital 28
Recital 28
(28) Since the objective of this Directive, namely to ensure a high level of protection of the environment and of, human health, and quality of life through the establishment of minimum requirements for the environmental assessment of projects, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scope, seriousness and transboundary nature of the environmental issues to be addressed, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on the European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective.
Amendment 90 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a a (new)
Article 1 – paragraph 1 – point 1 – point a a (new)
2011/92/EU
Article 1 – paragraph 2 – point (c)
Article 1 – paragraph 2 – point (c)
Amendment 95 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
2011/92/EU
Article 1 – paragraph 2 – point f a (new)
Article 1 – paragraph 2 – point f a (new)
'independent' means capable of the exercise of technical/scientific objectivity, free of direction or influence by the competent authority, the developer and/or the national, regional and local authorities.
Amendment 97 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point c
Article 1 – paragraph 1 – point 1 – point c
2011/92/EU
Article 1 – paragraph 3
Article 1 – paragraph 3
3. Member States may decide, on a case- by-case basis and if so provided under national law, not to apply this Directive to projects having as their sole purpose national defence or the response to civil emergencies, if they deem that such application would have an adverse effect on those purposes, provided that they have properly evaluated any other feasible alternatives and justify the final choice to the Commission.
Amendment 98 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – introductory part
Article 1 – paragraph 1 – point 2 – introductory part
2011/92/EU
Article 2 – paragraphs 3 and 4
Article 2 – paragraphs 3 and 4
(2) In Article 2, paragraphs 3 isand 4 are replaced by the following:
Amendment 100 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
2011/92/EU
Article 2 – paragraph 3
Article 2 – paragraph 3
3. Projects, including those with transboundary effect, for which the obligation to carry out assessments of the effects on the environment arises simultaneously from this Directive and other Union legislation shall be subject to coordinated or joint procedures fulfilling all the requirements of the relevant Union legislation. The most stringent legislation shall apply.
Amendment 123 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
(d) reasonablthe alternatives relevant to the proposed project and its specific characteristics, including the baseline alternative, taking into account the environmental effects;
Amendment 139 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
2011/92/EU
Article 8 – paragraph 2 – subparagraph 1
Article 8 – paragraph 2 – subparagraph 1
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 to refuse development consent or 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.
Amendment 142 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
2011/92/EU
Article 8 – paragraph 2 – subparagraph 3
Article 8 – paragraph 2 – subparagraph 3
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. The findings of such monitoring from construction and operational phase shall be submitted to the competent authority and actively disseminated in accordance with Directive 2003/4/EC.
Amendment 144 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
2011/92/EU
Article 8 – paragraph 2 – subparagraph 4 a (new)
Article 8 – paragraph 2 – subparagraph 4 a (new)
4a. Where monitoring indicates that there are unforeseen adverse impacts the developer shall be required to take corrective action. Member states shall ensure that national laws are enforced where developers, technically competent experts and/or national experts may be liable to penalties and/or sanctions where unforeseen adverse environmental effects are the result of negligence or a serious breach of accreditation standards. The developer's proposals for corrective action shall be made publicly available and approved by the competent authority or authorities which shall ensure compliance.
Amendment 146 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point a
Article 1 – paragraph 1 – point 9 – point a
2011/92/EU
Article 9 – paragraph 1
Article 9 – paragraph 1
"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, as soon as possible in accordance with the appropriate procedures, and at the latest within 10 working days thereof. The competent authority or authorities shall make available to the public the following information:
Amendment 147 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point a
Article 1 – paragraph 1 – point 9 – point a
2011/92/EU
Article 9 – paragraph 1 – point d a (new)
Article 9 – paragraph 1 – point d a (new)
(da) the right for the public concerned to initiate legal proceedings pursuant to Article 11.
Amendment 150 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point b – introductory part
Article 1 – paragraph 1 – point 9 – point b – introductory part
2011/92/EU
Article 9 – paragraphs 3 a and b (new)
Article 9 – paragraphs 3 a and b (new)
(b) the following paragraphs 3 is added: , 4 and 5 are added: 4. The public may institute a legal challenge, including making an application for injunctive relief, in respect of the development consent decision by initiating legal proceedings in the terms according to national legislation and within a maximum delay of three months after the issue of the formal decision by the competent authority has been duly publicised. 5. The competent authority or authorities shall ensure that projects with development consent will not commence prior to the expiry of the time-limit for legal challenge.
Amendment 152 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 a (new)
Article 1 – paragraph 1 – point 9 a (new)
2011/92/EU
Article 11 – paragraph 2
Article 11 – paragraph 2
(9a) In Article 11, paragraph 2 is replaced by the following: "2. Member States shall determine at what stage the decisions, acts or omissions may be challenged, providing the possibility to challenge the substantive and procedural legality of decisions, acts or omissions in accordance with paragraph 1, including the use of injunction mechanism."