BETA

29 Amendments of Holger KRAHMER related to 2010/0377(COD)

Proposal for a directive
Article 6 – paragraph 1 – point g

(g) the immediate environment of the establishment, elements liable to cause a major accident or to aggravate the consequences thereof, including details of neighbouring establishments, whether or not those are covered by this Directive, as well as other sites, areas and developments that could increase the risk or consequences of a major accident and of domino effects.

2011/06/28
Committee: ENVI

Proposal for a directive
Article 6 – paragraph 5

5. Without prejudice to paragraph 4, the operator shall periodically review and where necessary update the notification, at least every five years. The operator shall send the updated notification to the competent authority without delay.deleted

2011/06/28
Committee: ENVI

Proposal for a directive
Article 7 – paragraph 1

1. Member States shall require the operator of lower-tier establishments to draw up a document setting out the major-accident prevention policy (hereinafter: ‘MAPP’) and to ensure that it is properly implemented. The MAPP shall be established in writing. It shall be designed to guarantee a high level of protection for human health and the environment. It shall be proportionate to the major-accident hazards. It shall include the operator's overall aims and principles of action, the role and responsibility of management and shall address safety culture with respect to the control of major- accident hazards.

2011/06/28
Committee: ENVI

Proposal for a directive
Article 9 – paragraph 5 – subparagraph 3

~~The updated safety report shall be sent to the competent authority without delay.~~deleted

2011/06/28
Committee: ENVI

Proposal for a directive
Article 11 – paragraph 1 – point c

(c) the authorities designated for that purpose by the Member State draw up an external emergency plan for the measures to be taken outside the establishment ~~within one year following receipt of the information from the operator pursuant to point (b)~~.

2011/06/28
Committee: ENVI

Proposal for a directive
Article 12 – paragraph 2 – point b

(b) tTo ~~protect areas of particular natural sensitivity or interest in the vicinity of~~maintain appropriate safety distances between establishments covered by this Ddirective~~, through appropriate safety distances or other appropriate measures where necessary~~ and areas of particular natural sensitivity or interest;

2011/06/28
Committee: ENVI

Proposal for a directive
Article 13 – paragraph 1

1. Member States shall ensure that the information referred to in Annex V is permanently available to the public, including in an electronic format. The information shall be reviewed and where necessary updated ~~at least once a~~every three years.

2011/06/28
Committee: ENVI

Proposal for a directive
Article 14 – paragraph 1 – introductory part

1. Member States shall ensure that, in the case of upper-tier establishments, the public is able to give its opinion on the following matters:

2011/06/30
Committee: ENVI

Proposal for a directive
Article 14 – paragraph 3

3. Member States shall ensure that, within appropriate time-frames, the following is made available to the public concerned: (a) in accordance with national legislation, the main reports and advice issued to the competent authority or authorities at the time when the public concerned was informed in accordance with paragraph 2; (b) in accordance with the provisions of Directive 2003/4/EC information other than that referred to in paragraph 2 which is relevant for the decision in question and which only becomes available after the public concerned was informed in accordance with paragraph 2.deleted

2011/06/30
Committee: ENVI

Proposal for a directive
Article 14 – paragraph 4

4. Member States shall ensure that the public concerned is entitled to express comments and opinions to the competent authority before a decision is taken and that the results of the consultations held pursuant to paragraph 1 are duly taken into account in the taking of a decision.deleted

2011/06/30
Committee: ENVI

Proposal for a directive
Article 14 – paragraph 5

5. The detailed arrangements for informing the public and consulting the public concerned shall be determined by the Member States. Reasonable time-frames for the different phases shall be provided, allowing sufficient time for informing the public and for the public concerned to prepare and participate effectively in environmental decision-making subject to the provisions of this Article.deleted

2011/06/30
Committee: ENVI

Proposal for a directive
Article 14 – paragraph 6

6. Member States shall ensure that when the relevant decisions are taken, the competent authority shall make available to the public: (a) the content of the decision and the reasons on which it is based, including any subsequent updates; (b) the results of the consultations held before the decision was taken and an explanation of how they were taken into account in that decision.deleted

2011/06/30
Committee: ENVI

Proposal for a directive
Article 17 – paragraph 2

2. The Commission shall regularly convene a forum composed of representatives of the competent authorities of the Member States. The competent authorities and the Commission shall cooperate in activities in support of implementation of this Directive.deleted

2011/06/30
Committee: ENVI

Proposal for a directive
Article 19 – paragraph 4 – subparagraph 2

The period between two site visits shall ~~be based on a systematic appraisal of the major-accident hazards of the establishments concerned and shall not exceed on~~not exceed one year for upper-tier establishments and three years for ~~upp~~lower- tier establishments ~~and three years for lower- tier~~, unless the competent authority has elaborated an inspection programme based on a systematic appraisal of major-accident hazards of the establishments concerned. If an inspection has identified an important case of non- compliance with this Directive, an additional site visit shall be carried out within six months.

2011/06/30
Committee: ENVI

Proposal for a directive
Article 19 – paragraph 7

7. Within ~~two~~six months after each site visit, the competent authority shall communicate the conclusions of the visit and all the necessary actions identified to the operator. The competent authority shall ensure that the operator takes all these necessary actions within a reasonable period after receipt of the communication.

2011/06/30
Committee: ENVI

Proposal for a directive
Article 20 – paragraph 2

2. Member States shall ensure that the information referred to in Annex V, or a summary thereof in the case of the information referred to in part 2 of Annex V, is made available in an electronic format to the Commission, and updated on a continuous basis.deleted

2011/06/30
Committee: ENVI

Proposal for a directive
Article 20 – paragraph 3

3. The Commission shall set up and keep up to date an electronic database containing the information supplied by the Member States pursuant to paragraph 2. The Commission shall, in close cooperation with the Member States, establish automated data exchange systems and a reporting format to be used for communicating the information referred to in paragraph 2 by 1 January 2015.deleted

2011/06/30
Committee: ENVI

Proposal for a directive
Article 21

1. Member States shall ensure, in the interests of transparency, that the competent authorities are required to make information received pursuant to this Directive available to any natural or legal person who so requests. 2. Requests for information obtained by the competent authorities under this Directive may be refused where the conditions down in Article 4(2) of Directive 2003/4/EC are fulfilled. Access to the complete information referred to in Article 13(2)(b) and (c) obtained by the competent authorities may be refused if the operator has requested not to disclose certain parts of the safety report or the inventory of dangerous substances for the reasons provided for in points (b), (d), (e) or (f) of Article 4(2) of Directive 2003/4/EC. The competent authority may also decide for the same reasons that certain parts of the report or inventory shall not be disclosed. In such cases, and on approval of the competent authority, the operator shall supply to the authority, and make available to the public, an amended report or inventory excluding those parts.Article 21 deleted Confidentiality

2011/06/30
Committee: ENVI

Proposal for a directive
Article 22

Member States shall ensure that, members of the public concerned are able to seek a review in accordance with Article 6 of Directive 2003/4/EC of the acts or omissions of a competent authority in relation to any request for information pursuant to Article 13 or Article 21(1) of this Directive. Member States shall ensure that, in accordance with the relevant national legal system, members of the public concerned have access to a review procedure before a court of law or another independent and impartial body established by law to challenge the substantive or procedural legality of decisions, acts or omissions relating to cases subject to Article 14 where: (a) they have sufficient interest; (b) they maintain the impairment of a right, where administrative procedural law of a Member State requires this as a precondition. Member States shall determine at what stage the decisions, acts or omissions may be challenged. 2. What constitutes a sufficient interest and impairment of a right shall be determined by the Member States, consistently with the objective of giving the public concerned wide access to justice. To this end, the interest of any non-governmental organisation promoting environmental protection and meeting any requirements under national law shall be deemed sufficient for the purpose of paragraph 2(a). The organisations referred to in the first subparagraph shall also be deemed to have rights capable of being impaired for the purpose of paragraph 2(b). 3. Paragraph 2 shall not exclude the possibility of a preliminary review procedure before an administrative authority and shall not affect the requirement of exhaustion of administrative review procedures prior to recourse to judicial review procedures, where such a requirement exists under national law. 4. The procedures provided for in paragraphs 1 and 2 shall be fair, equitable, timely and not prohibitively expensive. Injunctive relief shall be provided where appropriate. Member States shall ensure that practical information is made available to the public on access to those procedures.Article 22 deleted Access to justice

2011/06/30
Committee: ENVI

Proposal for a directive
Article 22 – paragraph 1 – introductory part

Member States shall ensure that, members of the public concerned are able to seek a review in accordance with Article 6 of Directive 2003/4/EC of the acts or omissions of a competent authority in relation to any request for information pursuant to Article 13 or Article 21(1) of this Directive. Member States shall ensure that, in accordance with the relevant national legal system, members of the public concerned have access to a review procedure before a court of law or another independent and impartial body established by law to challenge the ~~substantive or~~ procedural legality of decisions, acts or omissions relating to cases subject to Article 14 where:

2011/06/30
Committee: ENVI

Proposal for a directive
Annex I – Part 1 – Table – Section 'H' – row H2– Column 1

H2 ACUTE TOXIC - Category 2, all exposure routes - Category 3, ~~dermal and inhalation exposure route~~inhalation aerosols (see note 7)

2011/06/30
Committee: ENVI

Proposal for a directive
Annex I – Part 1 – Table – Section 'P'– row P7– Column 1

P7 PYROPHORIC LIQUIDS ~~AND SOLIDS~~ Pyrophoric liquids, Category 1 ~~Pyrophoric solids, Category 1~~

2011/06/30
Committee: ENVI

Proposal for a directive
Annex I – Part 1 – Table – Section 'P'– Row P8 – Column 1

P8 OXIDIZING LIQUIDS AND SOLIDS Oxidizing Liquids, Category 1, 2 ~~or 3~~, or Oxidizing Solids, Category 1, 2 ~~or 3~~

2011/06/30
Committee: ENVI

Proposal for a directive
Annex I – Part 1 – Table – Section 'P'– Row P8a (new)

P8a (new) OXIDIZING LIQUIDS AND SOLIDS Oxidizing Liquids, Category 3 500 2000 Oxidizing Solids, Category 3 500 2000

2011/06/30
Committee: ENVI

Proposal for a directive
Annex I – Part 2 – Table – new rows after row 37

Piperidin 110-889-4 50 200 Bis(2-dimethylaminoethyl)(methyl)amin 3030-47-5 50 200 3-(2-Ethylhexyloxy)propylamin 5397-31-9 50 200 Chrom-VI-Verbindungen 5 20 2-(Dimethylamino)ethylacrylat 2439-35-2 5 20 Methansulphonylchlorid 124-63-0 5 20 Dihexylamin 143-16-8 5 20

2011/06/30
Committee: ENVI

Proposal for a directive
Annex II – paragraph 2 – point c

(c) On the basis of information provided or made available by the competent authorities, the identification of neighbouring establishments, as well as other sites, areas and developments that could increase the risk or consequences of a major accident and of domino effects;

2011/06/30
Committee: ENVI

Proposal for a directive
Annex V – Part 1 – point 6

6. Summary details of the inspections carried out pursuant to Article 19 and of the main findings from the latest inspection conclusions, together with a reference or /link to the related inspection plan.deleted

2011/06/30
Committee: ENVI

Proposal for a directive
Annex V – Part 2 – point 1

~~1. Summary details of the main types of major-accident scenarios and the main types of events which may play a role in triggering each of these scenarios.~~deleted

2011/06/30
Committee: ENVI

Proposal for a directive
Annex VI – Part I - point 1

Any fire or explosion or accidental discharge of a dangerous substance involving a quantity of at least 15 % of the qualifying quantity laid down in column 3 of Annex I.

2011/06/30
Committee: ENVI