25 Amendments of Vittorio PRODI related to 2012/0297(COD)
Amendment 76 #
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) With a view to strengthening public access and transparency, a central portal providing timely environmental information with regard to the implementation of this Directive electronically should be made available in each Member State.
Amendment 81 #
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 casesthese exceptional cases after having consulted the public concerned.
Amendment 84 #
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) Article 1(4) of Directive 2011/92/EU, which lays down that the Directive does not apply to projects adopted by a specific act of national legislation, provides for an open-door derogation with limited procedural guarantees and could substantially circumvent the implementation of the Directive.
Amendment 109 #
Proposal for a directive
Article 1 – point 1 – point a
Article 1 – point 1 – point a
Directive 2011/92/EU
Article 1 – paragraph 2 – point a – indent 1
Article 1 – paragraph 2 – point a – indent 1
- the execution of construction orand, if appropriate, demolition works, or of other installations or schemes, or their operation,
Amendment 111 #
Proposal for a directive
Article 1 – point 1 – point a a (new)
Article 1 – point 1 – point a a (new)
(aa) in point (a) of paragraph 2, the second indent is replaced by the following: "- other interventions in the natural surroundings and landscape including those involving the research and extraction of mineral resources;"
Amendment 117 #
Proposal for a directive
Article 1 – point 1 – point b
Article 1 – point 1 – point b
Directive 2011/92/EU
Article 1 – paragraph 2 – point g
Article 1 – paragraph 2 – point g
(g) "environmental impact assessment" shall mean the process of preparing an environmental report including the consideration of reasonable alternatives, carrying out consultations (including with the public concerned and the environmental authorities), the assessment by the competent authority, taking into account the environmental report and the results of the consultations in the development consent procedure, laying down measures to monitor significant adverse environmental effects and mitigation and compensation measures as well as the provision of information on the decision in accordance with Articles 5 to 10.
Amendment 130 #
Proposal for a directive
Article 1 – point 1 – point c
Article 1 – point 1 – point c
Directive 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.
Amendment 132 #
Proposal for a directive
Article 1 – point 1 – point c
Article 1 – point 1 – point c
Directive 2011/92/EU
Article 1 – paragraph 4
Article 1 – paragraph 4
Amendment 136 #
Proposal for a directive
Article 1 – point 1 a (new)
Article 1 – point 1 a (new)
Directive 2011/92/EU
Article 2 – paragraph 1
Article 2 – paragraph 1
(1a) In Article 2, paragraph 1 is replaced by the following: "1. Member States shall adopt all measures necessary to ensure that, before consent is given, projects likely to have significant effects on the environment by virtue, inter alia, of their nature, size or location are made subject to a requirement for development consent and an assessment with regard to their effects after having consulted the public. Measures to monitor significant adverse environmental effects and mitigation and compensation measures shall be laid down, if appropriate, by the competent authority when development consent is given. Those projects are defined in Article 4."
Amendment 160 #
Proposal for a directive
Article 1 – point 2 a (new)
Article 1 – point 2 a (new)
Directive 2011/92/EU
Article 2 – paragraph 4
Article 2 – paragraph 4
(2a) In Article 2, paragraph 4 is replaced by the following: "4. Without prejudice to Article 7, Member States may, in exceptional cases, exempt, if so provided under national law, a specific project having as a sole purpose the response to civil emergencies in whole or in part from the provisions laid down in this Directive, if such application would have an adverse effect on these purposes. In this event, the Member States shall: (-a) inform and consult the public concerned; (a) consider whether another form of assessment would be appropriate; (b) make available to the public concerned the information obtained under other forms of assessment referred to in point (a), the information relating to the exemption decision and the reasons for granting it; (c) inform the Commission, prior to granting consent, of the reasons justifying the exemption granted, and provide it with the information made available, where applicable, to their own nationals. The Commission shall immediately forward the documents received to the other Member States. The Commission shall report annually to the European Parliament and to the Council on the application of this paragraph."
Amendment 190 #
Proposal for a directive
Article 1 – point 4 – point -a (new)
Article 1 – point 4 – point -a (new)
Directive 2011/92/EU
Article 4 – paragraph 2
Article 4 – paragraph 2
(-a) paragraph 2 is replaced by the following: "2. Subject to Article 2(4), for projects listed in Annex II, Member States shall determine whether the project shall be made subject to an assessment in accordance with Articles 5 to 10. Member States shall make that determination after having consulted the public through: (a) a case-by-case examination; or (b) thresholds or criteria set by the Member State. Member States may decide to apply both procedures referred to in points (a) and (b)."
Amendment 211 #
Proposal for a directive
Article 1 – point 4 – point b
Article 1 – point 4 – point b
Directive 2011/92/EU
Article 4 – paragraph 5 – introductory part
Article 4 – paragraph 5 – introductory part
5. The competent authority shall make its decision pursuant to paragraph 2, on the basisafter having consulted the public concerned on the basis of an assessment of the information provided by the developer and taking into account, where relevant, the results of studies, preliminary verifications or assessments of the effects on the environment arising from other Union legislation. The decision pursuant to paragraph 2 shall:
Amendment 237 #
Proposal for a directive
Article 1 – point 5
Article 1 – point 5
Directive 2011/92/EU
Article 5 – paragraph 1
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, alternatives to the proposed project 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.
Amendment 257 #
Proposal for a directive
Article 1 – point 5
Article 1 – point 5
Directive 2011/92/EU
Article 5 – paragraph 2 – subparagraph 1 – introductory part
Article 5 – paragraph 2 – subparagraph 1 – introductory part
2. The competent authority, after having consulted the authorities referred to in Article 6(1) the public concerned 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:
Amendment 277 #
Proposal for a directive
Article 1 – point 5
Article 1 – point 5
Directive 2011/92/EU
Article 5 – paragraph 2 – subparagraph 1 – point d
Article 5 – paragraph 2 – subparagraph 1 – point d
(d) reasonable alternatives relevant to the proposed project and its specific characteristics taking into account the effects on the environment;
Amendment 335 #
Proposal for a directive
Article 1 – point 6 – point -a (new)
Article 1 – point 6 – point -a (new)
(-a) paragraph 2 is replaced by the following: "2. The public shall be informed through a central portal which is accessible to the public electronically in accordance with Article 7(1) of Directive 2003/4/EC, by public notices and other appropriate means such as electronic media, of the following matters early in the environmental decision-making procedures referred to in Article 2(2) and, at the latest, as soon as information can reasonably be provided: (a) the request for development consent; (b) the fact that the project is subject to an environmental impact assessment procedure and, where relevant, the fact that Article 7 applies; (c) details of the competent authorities responsible for taking the decision, those from which relevant information can be obtained, those to which comments or questions can be submitted, and details of the time schedule for transmitting comments or questions; (d) the nature of possible decisions or, where there is one, the draft decision; (e) an indication of the availability of the information gathered pursuant to Article 5; (f) an indication of the times and places where and means by which the relevant information will be made available; (g) details of the arrangements for public participation made pursuant to paragraph 5 of this Article; (ga) the fact that Article 8(2) applies and details of the revision or modification of the environmental report and the additional mitigation or compensation measures under consideration; (gb) the results of the monitoring carried out under Article 8(2)."
Amendment 336 #
Proposal for a directive
Article 1 – point 6 – point -a a (new)
Article 1 – point 6 – point -a a (new)
Directive 2011/92/EU
Article 6 – paragraph 3
Article 6 – paragraph 3
(-aa) paragraph 3 is replaced by the following: "3. Member States shall ensure that, within reasonable time-frames, the following is made available at least through a central portal which is accessible to the public electronically: (a) any information gathered pursuant to Article 5; (b) in accordance with national legislation, the main reports and advice issued to the competent authority or authorities at the time when the public concerned is informed in accordance with paragraph 2 of this Article; (c) in accordance with the provisions of Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information, information other than that referred to in paragraph 2 of this Article which is relevant for the decision in accordance with Article 8 of this Directive and which only becomes available after the time the public concerned was informed in accordance with paragraph 2 of this Article."
Amendment 339 #
Proposal for a directive
Article 1 – point 6 – point -a b (new)
Article 1 – point 6 – point -a b (new)
Directive 2011/92/EU
Article 6 – paragraph 4
Article 6 – paragraph 4
(-ab) paragraph 4 is replaced by the following: "4. The public concerned shall be given early and effective opportunities to participate in the environmental decision-making procedures referred to in Article 2(2), Article 4(1) and (5) and Article 5(2) and shall, for that purpose, be entitled to express comments and opinions when all options are open to the competent authority or authorities before any decision [...] is taken."
Amendment 340 #
Proposal for a directive
Article 1 – point 6 – point -a c (new)
Article 1 – point 6 – point -a c (new)
Directive 2011/92/EU
Article 6 – paragraph 5
Article 6 – paragraph 5
(-ac) paragraph 5 is replaced by the following: "5. The detailed arrangements for informing the public (for example by bill posting within a certain radius or publication in local newspapers) and for consulting the public concerned (for example by written submissions or by way of a public inquiry) shall be determined by the Member States. Member States shall take the necessary measures to ensure that the relevant information is provided through a central portal which is accessible to the public electronically in accordance with Article 7(1) of Directive 2003/4/EC."
Amendment 362 #
Proposal for a directive
Article 1 – point 8
Article 1 – point 8
Directive 2011/92/EU
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
(b) the main reasons for choosing the project as adopted, in the light of the otherassessment of other reasonable alternatives considered, including the likely evolution of the existing state of the environment without implementation of the project (baseline scenario);
Amendment 374 #
Proposal for a directive
Article 1 – point 8
Article 1 – point 8
Directive 2011/92/EU
Article 8 – paragraph 2 – subparagraph 1
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, as early as possible and in close cooperation with the authorities referred to in Article 6(1) and the developer, shall consider whether consent is refused 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 381 #
Proposal for a directive
Article 1 – point 8
Article 1 – point 8
Directive 2011/92/EU
Article 8 – paragraph 2 –subparagraph 2
Article 8 – paragraph 2 –subparagraph 2
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. Where monitoring indicates that mitigation or compensation measures are not sufficient or unforeseen significant adverse environmental effects are observed, the competent authority shall lay down corrective mitigation or compensation measures.
Amendment 408 #
Proposal for a directive
Article 1 – point 8
Article 1 – point 8
Directive 2011/92/EU
Article 8 – paragraph 4
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. The development consent is given under the condition that corrective mitigation or compensation measures of paragraph 2 may be implemented by the developer.
Amendment 469 #
Proposal for a directive
Annex – point -1 (new)
Annex – point -1 (new)
Directive 2011/92/EU
Annex II – paragraph 2 – point c
Annex II – paragraph 2 – point c
(-1) In Annex II, point (c) of paragraph 2 is replaced by the following: "(c) Research and exploration of minerals and extraction of minerals by marine or fluvial dredging;"
Amendment 545 #
Proposal for a directive
Annex – point 2
Annex – point 2
Directive 2011/92/EU
Annex IV – paragraph 1 – point a
Annex IV – paragraph 1 – point a
(a) a description of the physical characteristics of the whole project, including, where relevant, its subsurface, and the water use and land-use requirements during the construction and, operational and demolition phases;