BETA

62 Amendments of Richard SEEBER related to 2012/0297(COD)

Amendment 101 #
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
Amendment 143 #
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 be subject to coordinated or joint procedures fulfilling the requirements of the relevant Union legislationfollowing Union legislative acts: - Directive 2009/147/EC on the conservation of wild birds, - Directive 2000/60/EC establishing a framework for Community action in the field of water policy, - Directive 2010/75/EU on industrial emissions, - Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora.
2013/05/29
Committee: ENVI
Amendment 147 #
Proposal for a directive
Article 1 – point 2
Directive 2011/92/EU
Article 2 – paragraph 3 – subparagraph 2
Under the coordinated procedure, the competent authority/authorities shall coordinate the various individual assessments required by the Union legislation concerned and issued by several authorities, without prejudice to any provisions to the contrary contained in other relevant Union legislation.
2013/05/29
Committee: ENVI
Amendment 150 #
Proposal for a directive
Article 1 – point 2
Directive 2011/92/EU
Article 2 – paragraph 3 – subparagraph 3
Under the joint procedure, the competent authority/authorities shall issue one environmental impact assessment, integrating the assessments of one or more authorities, without prejudice to any provisions to the contrary contained in other relevant Union legislation.
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 152 #
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 174 #
Proposal for a directive
Article 1 – point 3
2011/92/EU
Article 3 – point b
(b) land, soil, water, air and climate change;
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 184 #
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 188 #
Proposal for a directive
Article 1 – point 3
Directive 2011/92/EU
Article 3 – point e a (new)
(ea) On the basis of the factors referred to in the new letters a, b and c, due account shall be taken of the significant environmental impact in the form of project-related natural and man-made disaster risks. The events in question shall be those which can reasonably be described as characteristic for the type of project involved.
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 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 217 #
Proposal for a directive
Article 1 – point 4 – point b
Directive 2011/92/EU
Article 4 – paragraph 5 – point c
(c) 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
Amendment 232 #
Proposal for a directive
Article 1 – point 4 – point b
Directive 2011/92/EU
Article 4 – paragraph 6 – subparagraph 2
Where the project is made subject to an environmental impact assessment in accordance with Articles 5 to 10, the decision pursuant to paragraph 2 of this Article shall include the information set out in Article 5(2)."deleted
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 250 #
Proposal for a directive
Article 1 – point 5
Directive 2011/92/EU
Article 5 – paragraph 2 – subparagraph 1 – introductory part
2. TIf, before submitting a request for development consent, the developer so desires, 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:The developer must append to this request a suggested approach for the environmental report.
2013/05/29
Committee: ENVI
Amendment 260 #
Proposal for a directive
Article 1 – point 5
Directive 2011/92/EU
Article 5 – paragraph 2 – subparagraph 1 – point a
(a) the decisions and opinions to be obtaindeleted;
2013/05/29
Committee: ENVI
Amendment 262 #
Proposal for a directive
Article 1 – point 5
Directive 2011/92/EU
Article 5 – paragraph 2 – subparagraph 1 – point b
(b) the authorities and the public likely to be concerndeleted;
2013/05/29
Committee: ENVI
Amendment 263 #
Proposal for a directive
Article 1 – point 5
Directive 2011/92/EU
Article 5 – paragraph 2 – subparagraph 1 – point c
(c) the individual stages of the procedure and their duration;deleted
2013/05/29
Committee: ENVI
Amendment 268 #
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 its specific characteristics;deleted
2013/05/29
Committee: ENVI
Amendment 278 #
Proposal for a directive
Article 1 – point 5
Directive 2011/92/EU
Article 5 – paragraph 2 – subparagraph 1 – point e
(e) the environmental features referred to in Article 3 likely to be significantly affecdeleted;
2013/05/29
Committee: ENVI
Amendment 280 #
Proposal for a directive
Article 1 – point 5
Directive 2011/92/EU
Article 5 – paragraph 2 – subparagraph 1 – point f
(f) the information to be submitted relevant to the specific characteristics of a particular project or type of project;deleted
2013/05/29
Committee: ENVI
Amendment 285 #
Proposal for a directive
Article 1 – point 5
Directive 2011/92/EU
Article 5 – paragraph 2 – subparagraph 1 – point g
(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
Amendment 287 #
Proposal for a directive
Article 1 – point 5
Directive 2011/92/EU
Article 5 – paragraph 2 – subparagraph 2
The competent authority may also seek assistance from accredited and technically competent experts referred to in paragraph 3 of this Article. Subsequent requests to the developer for additional information may only be made if these arerequest additional information from the developer, if this is justified by new circumstances and dulyor technical considerations and explained by the competent authority.
2013/05/29
Committee: ENVI
Amendment 298 #
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 orand
2013/05/29
Committee: ENVI
Amendment 309 #
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
Amendment 319 #
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 327 #
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.
2013/05/29
Committee: ENVI
Amendment 350 #
Proposal for a directive
Article 1 – point 8
Directive 2011/92/EU
Article 8 – paragraph -1 a (new)
-1a. Member States shall take the necessary measures to ensure that projects are launched and run in accordance with the following principles: (a) All the appropriate preventive measures are taken against pollution and no significant pollution is caused; (b) The best available techniques are applied and efficient use is made of natural resources and energy; (c)The generation of waste is prevented and where waste is generated it is, in order of priority and in accordance with Directive 2008/98/EC, prepared for re use, recycled, recovered or, where that is technically and economically impossible, it is disposed of while avoiding or reducing any impact on the environment; (d) The necessary measures are taken to prevent accidents and limit their consequences; (e) the necessary measures are taken upon definitive cessation of activities to avoid any risk of pollution and return the site of operation to the satisfactory state; Where an environmental quality standard requires stricter conditions than those achievable by the use of the best available techniques, additional measures shall in particular be required in the permit, without prejudice to other measures which might be taken to comply with environmental quality standards.
2013/05/29
Committee: ENVI
Amendment 357 #
Proposal for a directive
Article 1 – point 8
Directive 2011/92/EU
Article 8 – paragraph 1 – point a
(a) the results of the environmental assessment of the competent authority referred to in Article 3 and the environmental conditions attached to the decision, including a description of the main measures to avoid, reduce and, if possible, offset significant adverse effects;
2013/05/29
Committee: ENVI
Amendment 361 #
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 lightA summary of the other alternatives considered by the developer, 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 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 405 #
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
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 452 #
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 Directive, where the developer asks for environmental assessment of his project to be continued in accordance with the new provisions.
2013/05/29
Committee: ENVI
Amendment 504 #
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; consideration should be given to those events which are, on reasoned assessment, regarded as characteristic for the nature of the project;
2013/05/29
Committee: ENVI
Amendment 506 #
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), 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);deleted
2013/05/29
Committee: ENVI
Amendment 511 #
Proposal for a directive
Annex – point 2
Directive 2011/92/EU
Annex III – paragraph 1 – point h
(h) impacts of the project on the environment, in particular on land (increase of settlement areas over time – land take), soil (organic matter, erosion, compaction, sealing), water (quantity and quality), air and biodiversity (population quality and quantity and ecosystem degradation and fragmentation);deleted
2013/05/29
Committee: ENVI
Amendment 516 #
Proposal for a directive
Annex – point 2
Directive 2011/92/EU
Annex III – paragraph 1 – point i
(i) the risks to human health (e.g. due to water contamination or air pollution);deleted
2013/05/29
Committee: ENVI
Amendment 520 #
Proposal for a directive
Annex – point 2
Directive 2011/92/EU
Annex III – paragraph 1 – point j
(j) impact of the project on cultural heritage and landscape.deleted
2013/05/29
Committee: ENVI
Amendment 528 #
Proposal for a directive
Annex – point 2
Directive 2011/92/EU
Annex III – paragraph 2 – point c – point vi
(vi) areas in which there has already been a failure to meet the environmental quality standards, laid down in Union legislation and relevant to the project, or is likely to be such a failure;
2013/05/29
Committee: ENVI
Amendment 534 #
Proposal for a directive
Annex – point 2
Directive 2011/92/EU
Annex III – paragraph 3 – introductory part
The potential significant effects of projects on the factors referred to in Article 3 must be considered in relation to criteria set out under 1 and 2 above, with particular regard to:
2013/05/29
Committee: ENVI
Amendment 535 #
Proposal for a directive
Annex – point 2
Directive 2011/92/EU
Annex III – paragraph 3 – point g
(g) the speed of onset of the impact;deleted
2013/05/29
Committee: ENVI
Amendment 536 #
Proposal for a directive
Annex – point 2
Directive 2011/92/EU
Annex III – paragraph 3 – point h
(h) the cumulation of impacts with the impacts of other projects (in particular existing and/or approved) by the same or different developers;deleted
2013/05/29
Committee: ENVI
Amendment 538 #
Proposal for a directive
Annex – point 2
Directive 2011/92/EU
Annex III – paragraph 3 – point i
(i) the aspects of the environment likely to be significantly affecdeleted;
2013/05/29
Committee: ENVI
Amendment 539 #
Proposal for a directive
Annex – point 2
Directive 2011/92/EU
Annex III – article 3 – point k
(k) the information and findings on environmental effects obtained from assessments required under other EU legislation.deleted
2013/05/29
Committee: ENVI
Amendment 541 #
Proposal for a directive
Annex – point 2
Directive 2011/92/EU
Annex III – paragraph 3 – point l
(l) the possibility of reducing impacts effectively.deleted
2013/05/29
Committee: ENVI
Amendment 547 #
Proposal for a directive
Annex – point 2
Directive 2011/92/EU
Annex IV – paragraph 1 – point a
(a) a description of the physical characteristics of the whole project, including, where relevant, its subsurface, any necessary demolition work and the water use and land-use requirements during the construction and operational phases;
2013/05/29
Committee: ENVI
Amendment 556 #
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 the identification of the least environmentally impacting oneassessed as feasible by the developer, 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
Amendment 564 #
Proposal for a directive
Annex – point 2
Directive 2011/92/EU
Annex IV – paragraph 4
4. A description of the aspects of the environment likely to be significantly affected by the proposed project, including, in particular, population, human health, fauna, flora, biodiversity and the ecosystem services it provides, land (land use or land take), soil (organic matter, erosion, compaction, sealing), water (quantity and quality), air, climatic factors, climate change (greenhouse gas emissions, including from land use, land use change and forestry, mitigation potential, impacts relevant to adaptation, if the project takes into account risks associated with climate change), material rial assets, cultural heritage, including architectural and archaeological ones, landscape; such a description should include the inter-relationship between the above factors, as well as the exposure, vulnerability and resilience of the above factors to natural and man-made disaster risks.
2013/05/29
Committee: ENVI
Amendment 571 #
Proposal for a directive
Annex – point 2
Directive 2011/92/EU
Annex IV – paragraph 5 – subparagraph 1 – point b
(b) the use of natural resources, in particular land, soil, water, and biodiversity and the ecosystem services it provides, considering as far possible the availability of these resources also in the light of changing climatic condition, considering the sustainable availability of these resources;
2013/05/29
Committee: ENVI
Amendment 575 #
Proposal for a directive
Annex – point 2
Directive 2011/92/EU
Annex IV – paragraph 5 – subparagraph 1 – point d
(d) the risks to human health, cultural heritage or the environment (e.g. due to accidents or disasters which are, on reasoned assessment, regarded as characteristic for the nature of the project);
2013/05/29
Committee: ENVI
Amendment 587 #
Proposal for a directive
Annex – point 2
Directive 2011/92/EU
Annex IV – paragraph 7
7. A description of the measures envisaged to prevent, reduce and, where possible, offset any significant adverse effects on the environment referred to in point 5 and, where appropriate, of any proposed monitoring arrangements, including the preparation of a post-project analysis of the adverse effects on the environment. This description should explain the extent to which significant adverse effects are avoided, reduced or offset and should cover both the construction andphase, the operational phases and the project-specific risk of natural and man-made disasters which are, on reasoned assessment, regarded as characteristic for the nature of the project.
2013/05/29
Committee: ENVI
Amendment 588 #
Proposal for a directive
Annex – point 2
Directive 2011/92/EU
Annex IV – paragraph 8
8. An assessment of the natural and man- made disaster risks and risk of accidents to which the project could be vulnerable and, where appropriate, a description of the measures envisaged to prevent such risks, as well as measures regarding preparedness for and response to emergencies (e.g. measures required under Directive 96/82/EC as amended).deleted
2013/05/29
Committee: ENVI