Activities of Adina-Ioana VĂLEAN related to 2012/0297(COD)
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council amending Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment
Amendments (24)
Amendment 76 #
Proposal for a directive
Recital 18
Recital 18
Amendment 89 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
2011/92/EU
Article 1, paragraph 2, point a, indent 1
Article 1, paragraph 2, point a, indent 1
- the execution of construction or demolition works, or of other installations or schemes, - the demolition works of construction or of installations or schemes, - other interventions in the natural surroundings and landscape including those involving the extraction of mineral resources,.
Amendment 99 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
2011/92/EU
Article 2 – paragraph 3
Article 2 – paragraph 3
3. Projects, including those with transboundary effect, for which the obligation to carry out assessments of the effects on the environment arises simultaneously from this Directive and other Union legislation shallmay be subject to coordinated or joint procedures fulfilling the requirements of the relevant Union legislation.
Amendment 103 #
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
2011/92/EU
Article 3 – point b
Article 3 – point b
(b) land, soil, water, air and climate change;
Amendment 106 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 - point -a (new)
Article 1 – paragraph 1 – point 4 - point -a (new)
2011/92/EU
Article 4 – paragraph 2
Article 4 – paragraph 2
(-a) paragraph 2 is amended as follows: "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. The developer may opt to make their project subject to an assessment in accordance with Articles 5 to 10. Member States shall make their determination through: (a) a case-by-case examination; or (b) thresholds or criteria set by the Member State.
Amendment 108 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point a
Article 1 – paragraph 1 – point 4 – point a
For projects listed in Annex II, with the exception of projects which do not meet a relevant threshold or criterion set by the Member State under paragraph 2(b), the developer shall provide information on the characteristics of the project, its potential significant 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.
Amendment 109 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point a
Article 1 – paragraph 1 – point 4 – point a
2011/92/EU
Article 4 – paragraph 4
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 2For projects listed in Annex II, the competent authority shall 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.“
Amendment 111 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point b
Article 1 – paragraph 1 – point 4 – point b
2011/92/EU
Article 4 – paragraph 5
Article 4 – paragraph 5
"5. The competent authority shall make its decistermination pursuant to paragraph 2, on the basis of thetaking into account any information provided by the developer under paragraph 3 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 decisWhere the competent authority determines that no environmental impact assessment need to be carried out pursuant to Articles 5 to 10, then such determination shall be made available to the public. Otherwise, the determination pursuant to paragraph 2 shall:
Amendment 112 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point b
Article 1 – paragraph 1 – point 4 – point b
2011/92/EU
Article 4 – paragraph 5 – point a
Article 4 – paragraph 5 – point a
(a) state how thewhich criteria in Annex III have been taken into account;
Amendment 115 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
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, and 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 119 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
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 as provided in Annex IV to be included by the developer in the environmental report, in accordance with paragraph 1 of this Article. In particular, it shall determine:
Amendment 126 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
2011/92/EU
Article 5 – paragraph 2 – subparagraph 2
Article 5 – paragraph 2 – subparagraph 2
The competent authority may also seek assistance from accredited and technically competindependent experts referred to in paragraph 3 of this Article. Subsequent requests to the developer for additional information may only be made if these are justified by new circumstances and duly explained by the competent authority.
Amendment 127 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
2011/92/EU
Article 5 – paragraph 3 – point a
Article 5 – paragraph 3 – point a
(a) the developer shall ensuremay also seek that the environmental report is prepared by accredited and technically competindependent experts or.
Amendment 128 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
2011/92/EU
Article 5 – paragraph 3 – point b
Article 5 – paragraph 3 – point b
Amendment 129 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
2011/92/EU
Article 5 – paragraph 3 – subparagraph 2
Article 5 – paragraph 3 – subparagraph 2
Where accredited and technically competindependent 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.
Amendment 130 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
2011/92/EU
Article 5 – paragraph 3 – subparagraph 3
Article 5 – paragraph 3 – subparagraph 3
The detailed arrangements for the use and selection of accredited and technically competindependent experts (for example qualifications required, assignment of evaluation, licensing, and disqualification sanctions), shall be determined by the Member States in accordance with the provisions of paragraph 4.
Amendment 133 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point b
Article 1 – paragraph 1 – point 6 – point b
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 3consultation time-frame up to 60 days; in that case, the competent authority shall inform the developer of the reasons justifying the extension.
Amendment 140 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
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, where appropriate, measures to monitor the significant adverse environmental effects of both construction and operational phases, in order to assess the implementation and the expected effectiveness of mitigation and compensation measures, and to identify any unforeseeable adverse effects and/or net biodiversity loss and to facilitate corrective action.
Amendment 141 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
2011/92/EU
Article 8 – paragraph 2 – subparagraph 3
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. The findings of such monitoring shall be submitted to the competent authority. Existing monitoring arrangements resulting from other Union legislation may be used if appropriate.
Amendment 143 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
2011/92/EU
Article 8 – paragraph 2 – subparagraph 4
Article 8 – paragraph 2 – subparagraph 4
Amendment 149 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point b
Article 1 – paragraph 1 – point 9 – point b
2011/92/EU
Article 9 – paragraph 3
Article 9 – paragraph 3
Amendment 154 #
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
2011/92/EU
Article 12 a and Article 12 b
Article 12 a and Article 12 b
Amendment 157 #
Proposal for a directive
Annex 1 – point -1 (new)
Annex 1 – point -1 (new)
(-1) The following subpoint is inserted in paragraph 2, point d, of ANNEX II: "(iv) exploration of petroleum and/or natural gas trapped in strata of gas shales or other sedimentary rock formations with similarly low or lower permeability and porosity,"
Amendment 160 #
Proposal for a directive
Annex 1 – point 2
Annex 1 – point 2
2011/92/EU
Annex III – paragraph 1 – point f
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 reasonable alternative use, and to the probability of accidents or disasters and the vulnerability of the project to these risks;