BETA

15 Amendments of Esther DE LANGE related to 2012/0297(COD)

Esther DE LANGE

Proposal for a directive
Article 1 – point 2

Directive 2011/92/EU
Article 2 – paragraph 3 – subparagraph 4

Member States ~~shall~~may appoint one authority~~, which shall be responsible for~~ to facilitat~~ing~~e the development consent procedure for each project."

2013/05/29
Committee: ENVI

Karl-Heinz FLORENZ, Holger KRAHMER, Erik BÁNKI, Horst SCHNELLHARDT, Britta REIMERS, Sophie AUCONIE, Esther DE LANGE, Richard SEEBER, Zofija MAZEJ KUKOVIČ

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

Karl-Heinz FLORENZ, Holger KRAHMER, Erik BÁNKI, Horst SCHNELLHARDT, Britta REIMERS, Sophie AUCONIE, Esther DE LANGE, Richard SEEBER, Zofija MAZEJ KUKOVIČ

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

Esther DE LANGE

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 decision is expected.deleted

2013/05/29
Committee: ENVI

Karl-Heinz FLORENZ, Holger KRAHMER, Erik BÁNKI, Horst SCHNELLHARDT, Britta REIMERS, Sophie AUCONIE, Esther DE LANGE, Richard SEEBER

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 project~~considered 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

Esther DE LANGE

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 are justified by new circumstances and duly explained by the competent authority.

2013/05/29
Committee: ENVI

Esther DE LANGE

Proposal for a directive
Article 1 – point 5

Directive 2011/92/EU
Article 5 – paragraph 3 – subparagraph 1 – point a

(a) the developer shall ensure that the environmental report is prepared by ~~accredited and~~ technically competent experts or

2013/05/29
Committee: ENVI

Esther DE LANGE

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

Esther DE LANGE

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~~may be used by the developer for the preparation of the environmental report.

2013/05/29
Committee: ENVI

Karl-Heinz FLORENZ, Holger KRAHMER, Erik BÁNKI, Horst SCHNELLHARDT, Britta REIMERS, Sophie AUCONIE, Esther DE LANGE

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

Esther DE LANGE

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, as early as possible and in close cooperation with the authorities referred to in Article 6(1) and the developer, ~~shall~~may 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.

2013/05/29
Committee: ENVI

Esther DE LANGE

Proposal for a directive
Article 1 – point 8

Directive 2011/92/EU
Article 8 – paragraph 3 – subparagraph 1

3. ~~When~~As soon as 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~~as quickly as possible and within the applicable time limits laid down by national legislation.

2013/05/29
Committee: ENVI

Esther DE LANGE

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

Karl-Heinz FLORENZ, Holger KRAHMER, Erik BÁNKI, Horst SCHNELLHARDT, Britta REIMERS, Sophie AUCONIE, Esther DE LANGE, Richard SEEBER

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

Karl-Heinz FLORENZ, Holger KRAHMER, Erik BÁNKI, Horst SCHNELLHARDT, Britta REIMERS, Sophie AUCONIE, Esther DE LANGE, Zofija MAZEJ KUKOVIČ

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