Activities of Antonyia PARVANOVA related to 2010/0377(COD)
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council on control of major-accident hazards involving dangerous substances
Amendments (21)
Amendment 22 #
Proposal for a directive
Recital 16
Recital 16
(16) In order to promote access to information on the environment, in accordance with the Aarhus Convention on access to information, public participation in decision-making and access to justice in environmental matters, which was approved on behalf of the Union by Council Decision 2005/370/EC of 17 February 2005 on the conclusion, on behalf of the European Community, of the Convention on access to information, public participation in decision-making and access to justice in environmental matters9 , the level and quality of information to the public should be improved. In particular, persons likely to be affected by a major accident should be given sufficient information to inform them of the correct action to be taken in that event. In addition to providing information in an active way, without the public having to submit a request, and without precluding other forms of dissemination, it should also be made available permanently and kept up to date on the internet. In order to achieve greater transparency, more detailed and comprehensive information, including in the form of documents, should be made available upon request. At the same time there should be appropriate confidentiality safeguards, to address security-related concerns, among others.
Amendment 26 #
Proposal for a directive
Article 13 – paragraph 1
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 year. Upon request from any natural or legal person, Member States shall ensure that more detailed and additional information going beyond the information referred to in Annex V, and in accordance with Article 21 of this Directive, is made available to that person.
Amendment 29 #
Proposal for a directive
Article 13 – paragraph 5
Article 13 – paragraph 5
5. Where the Member State concerned has decided that an establishment close to the territory of another Member State is incapable of creating a major-accident hazard beyond its boundary for the purposes of Article 11(6) and is not therefore required to produce an external emergency plan under Article 11(1), it shall so inform the other Member State of that decision and of its reasons for taking that decision.
Amendment 30 #
Proposal for a directive
Article 14 – paragraph 1 – point d a (new)
Article 14 – paragraph 1 – point d a (new)
(da) the safety report pursuant to Article 9.
Amendment 32 #
Proposal for a directive
Article 22 – paragraph 1 – subparagraph 1 – introductory part
Article 22 – paragraph 1 – subparagraph 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 13s 5, 9, 13, 19 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:
Amendment 33 #
Proposal for a directive
Article 22 – paragraph 2 – subparagraph 1
Article 22 – paragraph 2 – subparagraph 1
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 or public health protection and meeting any requirements under national law shall be deemed sufficient for the purpose of paragraph 2(a).
Amendment 52 #
Proposal for a directive
Recital 4
Recital 4
(4) It is therefore appropriate to replace Directive 96/82/EC to ensure that that existing levels of protection are maintained and further improved, by making the provisions more effective and efficient, and where possible reducing unnecessary administrative burdens by streamlining or simplification withou, provided that safety and environmental and public health protection are not compromising safetyed. At the same time, the new provisions should be clear, coherent and easy to understand to help improve implementation and enforceability.
Amendment 62 #
Proposal for a directive
Recital 16
Recital 16
(16) In order to promote access to information on the environment, in accordance with the Aarhus Convention on access to information, public participation in decision-making and access to justice in environmental matters, which was approved on behalf of the Union by Council Decision 2005/370/EC of 17 February 2005 on the conclusion, on behalf of the European Community, of the Convention on access to information, public participation in decision-making and access to justice in environmental matters , the level and quality of information to the public should be improved. In particular, persons likely to be affected by a major accident should be given sufficient information to inform them of the correct action to be taken in that event. In addition to providing information in an active way, without the public having to submit a request, and without precluding other forms of dissemination, it should also be made available permanently and kept up to date on the internet. In order to achieve greater transparency, more detailed and comprehensive information, including in the form of documents, should be made available upon request. At the same time there should be appropriate confidentiality safeguards, to address security-related concerns, among others, to be provided on a case-by-case basis, in line with the restrictive criteria and conditions set out under the Aarhus Convention.
Amendment 78 #
Proposal for a directive
Article 2 – paragraph 2 – point d
Article 2 – paragraph 2 – point d
(d) the transport of dangerous substances in pipelines, including pumping stations, outside establishments covered by this Directive, where the annual throughput of dangerous substances is below the quantities listed in Parts 1 and 2 of Annex I;
Amendment 85 #
Proposal for a directive
Article 2 – paragraph 2 – point f
Article 2 – paragraph 2 – point f
Amendment 106 #
Proposal for a directive
Article 3 – paragraph 1 – point 11
Article 3 – paragraph 1 – point 11
11. ‘presence of dangerous substances’ means the actual or anticipated presence of dangerous substances in the establishment, or the presence of dangerous substances which it is believed may be generated during loss of control of an industrial chemical process, or during another severe incident within a storage facility or installation in quantities equal to or in excess of the thresholds set out in Parts 1 and 2 of Annex I.
Amendment 146 #
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
4. The operator shall periodically review and where necessary update the MAPP, at least every five years. The updated MAPP shall be sent to the competent authority and made publicly available pursuant to Article 13, without delay.
Amendment 161 #
Proposal for a directive
Article 9 – paragraph 5 – subparagraph 3
Article 9 – paragraph 5 – subparagraph 3
The updated safety report shall be sent to the competent authority and made publicly available pursuant to Article 13 of this Directive without delay.
Amendment 186 #
Proposal for a directive
Article 13 – paragraph 1
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 year. Upon request from any natural or legal person, Member States shall ensure that more detailed and additional information going beyond that referred to in Annex V, and in accordance with Article 21 of this Directive, is made available to that person.
Amendment 188 #
Proposal for a directive
Article 13 – paragraph 2 – introductory part
Article 13 – paragraph 2 – introductory part
For upper-tierall establishments, Member States shall also ensure that:
Amendment 192 #
Proposal for a directive
Article 13 – paragraph 2 – point c
Article 13 – paragraph 2 – point c
c) the inventory of dangerous substances is made available to the public concerned upon request subject to Article 21(3).
Amendment 199 #
Proposal for a directive
Article 13 – paragraph 5
Article 13 – paragraph 5
5. Where the Member State concerned has decided that an establishment close to the territory of another Member State is incapable of creating a major-accident hazard beyond its boundary for the purposes of Article 11(6) and is not therefore required to produce an external emergency plan under Article 11(1), it shall so inform the other Member State of that decision and of its reasons for taking that decision.
Amendment 203 #
Proposal for a directive
Article 14 – paragraph 1 – introductory part
Article 14 – paragraph 1 – introductory part
1. Member States shall ensure that the public is able to give its opinion ogiven early and effective opportunities to participate in the following matters:
Amendment 205 #
Proposal for a directive
Article 14 – paragraph 1 – point d a (new)
Article 14 – paragraph 1 – point d a (new)
(da) safety report pursuant to Article 9
Amendment 246 #
Proposal for a directive
Article 22 – paragraph 1 – introductory part
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 14the provisions of this Directive where:
Amendment 251 #
Proposal for a directive
Article 22 – paragraph 2 – subparagraph 1
Article 22 – paragraph 2 – subparagraph 1
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 or public health protection and meeting any requirements under national law shall be deemed sufficient for the purpose of paragraph 2(a).