BETA

35 Amendments of Holger KRAHMER related to 2012/0297(COD)

Amendment 106 #
Proposal for a directive
Article 1 – point 1 – point a
Directive 2011/92/EU
Article 1 – paragraph 2 – point a – indent 1
- the execution of construction or demolition works, or of or other installations or schemes, including demolition works directly linked to the execution of construction works,
2013/05/29
Committee: ENVI
Amendment 137 #
Proposal for a directive
Article 1 – point 2
Directive 2011/92/EU
Article 2 – paragraph 3 – subparagraph 1
3. PIn the case of 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 be subject toMember States shall seek to introduce coordinated or joint procedures fulfilling the requirements of the relevant Union legislation where this seems appropriate.
2013/05/29
Committee: ENVI
Amendment 151 #
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 166 #
Proposal for a directive
Article 1 – point 3
Directive 2011/92/EU
Article 3 – point a
(a) population, human health, and biodiversity, with particular attention to species and habitats protected under Council Directive 92/43/EEC(*) and Directive 2009/147/EC of the European Parliament and of the Councilhuman beings, fauna and flora;
2013/05/29
Committee: ENVI
Amendment 171 #
Proposal for a directive
Article 1 – point 3
2011/92/EG
Article 3 – point b
(b) land, soil, water, air and, climate changand the landscape;
2013/05/29
Committee: ENVI
Amendment 180 #
Proposal for a directive
Article 1 – point 3
Directive 2011/92/EU
Article 3 – point c
(c) material assets, and the cultural heritage and the landscape;
2013/05/29
Committee: ENVI
Amendment 185 #
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 193 #
Proposal for a directive
Article 1 – point 4 – point a
3. For projects listed in Annex II, the developer shall, where necessary and appropriate, provide information on the characteristics of the project, 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
Amendment 207 #
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, where necessary, 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 III.
2013/05/29
Committee: ENVI
Amendment 212 #
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 decision pursuant to paragraph 2, on the basis of the information provided by the developer and taking into account, where relevant, the results of studies with which it is familiar, preliminary verifications or assessments of the effects on the environment arising from other Union legislation. The decision pursuant to paragraph 2 shall:
2013/05/29
Committee: ENVI
Amendment 215 #
Proposal for a directive
Article 1 – point 4 – point b
Directive 2011/92/EU
Article 4 – paragraph 5 – point a
a) state how the criteria in Annex III have been taken into account;deleted
2013/05/29
Committee: ENVI
Amendment 222 #
Proposal for a directive
Article 1 – point 4 – point b
Directive 2011/92/EU
Article 4 – paragraph 6 – subparagraph 1
6. The competent authority shall make its decision pursuant to paragraph 2 within three months from the request for development consent and provided that the developer has submitted all the requisite information. 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 242 #
Proposal for a directive
Article 1 – point 5
Directive 2011/92/EU
Article 5 – paragraph 1
1. Where an environmental impact assessment must be carried out in accordance with Articles 5 to 10, the developer shall prepare an environmental report. The environmental report shall be based on the determination pursuant to paragraph 2 of this Article and 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, reasonable alternatives to the proposed projectconsidered by the developer which, taking into account the specific features of the project, could achieve its main objectives to the same extent, 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 information to be provided in the environmental report is specified in Annex IV.
2013/05/29
Committee: ENVI
Amendment 254 #
Proposal for a directive
Article 1 – point 5
Directive 2011/92/EU
Article 5 – paragraph 2 – subparagraph 1 – introductory part
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, if the operator asks for this. In particular, it shall determininclude:
2013/05/29
Committee: ENVI
Amendment 275 #
Proposal for a directive
Article 1 – point 5
Directive 2011/92/EU
Article 5 – paragraph 2 – subparagraph 1 – point d
(d) reasonable alternatives relevant to the proposed project and itsdefined in paragraph 1 and their specific characteristics;
2013/05/29
Committee: ENVI
Amendment 296 #
Proposal for a directive
Article 1 – point 5
(a) the developer shall ensure that the environmental report is prepared by accredited and technically competent experts orpersons, who have the required level of expertise and/or experience (experts in the field),
2013/05/29
Committee: ENVI
Amendment 306 #
Proposal for a directive
Article 1 – point 5
Directive 2011/92/EU
Article 5 – paragraph 3 – subparagraph 1 – point b
(b) if deemed necessary due to obvious technical deficiencies in the environmental report, the competent authority shall ensure that the environmental report is verified by accredited and technically competent expertsons and/or expert committees of national experts.
2013/05/29
Committee: ENVI
Amendment 322 #
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.
2013/05/29
Committee: ENVI
Amendment 324 #
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 344 #
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 359 #
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);
2013/05/29
Committee: ENVI
Amendment 372 #
Proposal for a directive
Article 1 – point 8
Directive 2011/92/EU
Article 8 – paragraph 2 – subparagraph 1
1. 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 shall, as early as possible and in close cooperation, discuss 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 under the relevant law.
2013/05/29
Committee: ENVI
Amendment 377 #
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, in accordance with the relevant legislation, 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.
2013/05/29
Committee: ENVI
Amendment 383 #
Proposal for a directive
Article 1 – point 8
Directive 2011/92/EU
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.deleted
2013/05/29
Committee: ENVI
Amendment 387 #
Proposal for a directive
Article 1 – point 8
Directive 2011/92/EU
Article 8 – paragraph 2 – subparagraph 4
Existing monitoring arrangements resulting from other Union legislation may be used if appropriate.deleted
2013/05/29
Committee: ENVI
Amendment 393 #
Proposal for a directive
Article 1 – point 8
Directive 2011/92/EU
Article 8 – paragraph 3 – subparagraph 1
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.deleted
2013/05/29
Committee: ENVI
Amendment 398 #
Proposal for a directive
Article 1 – point 8
Directive 2011/92/EU
Article 8 – paragraph 3 – subparagraph 2
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 404 #
Proposal for a directive
Article 1 – point 8
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 436 #
Proposal for a directive
Article 1 – point 11
Directive 2011/92/EU
Articles 12 a and 12b
(11) The following Articles 12a and12b 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."
2013/05/29
Committee: ENVI
Amendment 455 #
Proposal for a directive
Article 3
Projects for which the request for development consent was introduced before the date referred to in the first subparagraph of Article 2(1) and for which the environmental impact assessment has 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 D, pending entry into force of the amended directive.
2013/05/29
Committee: ENVI
Amendment 478 #
Proposal for a directive
Annex – point 1
Directive 2011/92/EU
Annex II.A
(1) The following Annex II.A is inserted: "ANNEX II.A – INFORMATION REFERRED TO IN ARTICLE 4(3) 1. A description of the project, including in particular: (a) a description of the physical characteristics of the whole project, including, where relevant, its subsurface, during the construction and operational phases; (b) a description of the location of the project, with particular regard to the environmental sensitivity of geographical areas likely to be affected. 2. A description of the aspects of the environment likely to be significantly affected by the proposed project. 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. 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
Amendment 500 #
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 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;deleted
2013/05/29
Committee: ENVI
Amendment 507 #
Proposal for a directive
Annex – point 2
Directive 2011/92/EU
Annex III – paragraph 1 – point g
(g) impacts of the project on climate change (in terms of greenhouse gas emissions including from land use, land- use change and forestry)the local climate, contribution of the project to an improved resilience, and the impacts of climate change on the project (e.g. if the project is coherent with a changing climate);
2013/05/29
Committee: ENVI
Amendment 555 #
Proposal for a directive
Annex – point 2
Directive 2011/92/EU
Annex IV – paragraph 2
2. A description, of the technical, locational or other aspects (e.g. in terms of project design, technical capacity, size and scale) of the alternatives considered, including by the identification of the least environmentally impacting one,veloper and an indication of the main reasons for the choice made, taking into account the environmental effects.
2013/05/29
Committee: ENVI
Amendment 560 #
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