41 Amendments of Pilar AYUSO related to 2012/0297(COD)
Amendment 64 #
Proposal for a directive
Recital 3
Recital 3
(3) It is necessary to amend Directive 2011/92/EU in order to strengthen the quality of the environmental assessment procedure, streamline the various steps of the procedure and enhance coherence and synergies with other Union legislation and policies, as well as strategies and policies developed by Member States in areas of national competence. In many cases, administrative procedures became too complicated and extended, causing delays and creating additional risks for the protection of the environment. In this respect, simplification of the procedures should be one of the aims of Directive 2011/92/EU. The suitability of creating a one-stop shop is to be taken into account with a view to allowing coordinated assessment or joint procedures when several EIAs are required, for instance in cases of cross-border projects, as well as to define more specific criteria for mandatory assessments.
Amendment 68 #
Proposal for a directive
Recital 4
Recital 4
(4) Over the last decade, environmental issues, such as resource efficiency, biodiversity, climate change, and disaster risks, have become more important in policy making and should therefore also constitute critical elements in assessment and decision-making processes, especially for infrastructure projects. The Commission should propose a list of criteria and indications including visual impact with a view to a better implementation of Directive 2011/92/EU with regard to the conservation of historical and cultural heritage, as there are currently no guidelines in that respect.
Amendment 71 #
Proposal for a directive
Recital 11
Recital 11
(11) Protection and promotion of cultural heritage and landscapes, which are an integral part of the cultural diversity that the Union is committed to respect and promote in accordance with Article 167(4) of the Treaty on the Functioning of the European Union, can usefully build on definitions and principles developed in relevant Council of Europe Conventions, in particular the Convention for the Protection of the Architectural Heritage of Europe, the European Landscape Convention and, the Framework Convention on the Value of Cultural Heritage for Society and the International Recommendation concerning the Safeguarding and Contemporary Role of Historic Areas adopted in Nairobi in 1976 by UNESCO.
Amendment 72 #
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11a) Visual impact is a key criterion in environmental impact assessment in terms of the preservation of historical and cultural heritage, of natural landscapes and of urban areas; this is another factor that should be applied in assessments.
Amendment 77 #
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) In order to reduce the administrative burden, facilitate the decision-making process and reduce project costs, the necessary steps should be taken towards standardisation of the criteria in line with Regulation (EU)1025/2012 on European standardisation1, with the aim being to support the use of best available technologies (BAT), improve competitiveness and prevent standards from being interpreted differently. _______________ 1 OJ L 316, 14.11.2012, p.12.
Amendment 78 #
Proposal for a directive
Recital 12 b (new)
Recital 12 b (new)
(12b) Again with a view to further simplifying and facilitating the work of the competent administrations, guide criteria should be drawn up that take into account the characteristics of the various sectors of economic or industrial activity. This should be based on the instructions under Article 6 of Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora1. _______________ 1 OJ L 206, 22.07.92, p.7.
Amendment 79 #
Proposal for a directive
Recital 12 c (new)
Recital 12 c (new)
(12c) In order to ensure the best possible preservation of historical and cultural heritage, guide criteria should be drawn up by the Commission and/or the Member States.
Amendment 83 #
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) Proportionality is to be taken into account in the environmental impact assessment of the projects. The requirements that will be asked for in the environmental impact assessment of a project shall be proportionate with its size and stage.
Amendment 85 #
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) In order to avoid unnecessary efforts and expenditure, the projects under Annex II should include a statement of intent that never exceeds 30 pages and the projects characteristics and information on the location of the project to be subject to screening, which should consist of an initial assessment of its viability. That screening should be public and reflect the factors set out in Article 3. It should show the significant direct and indirect effects of the project.
Amendment 87 #
Proposal for a directive
Recital 17
Recital 17
(17) The competent authorities should be required to determine the scope and level of detail of the environmental information to be submitted in the form of an environmental report (scoping). In order to improve the quality of the assessment, the simplification of the procedures and streamline the decision-making process, it is important to specify at Union level the categories of information on which the competent authorities should make that determination.
Amendment 121 #
Proposal for a directive
Article 1 – point 1 – point b a (new)
Article 1 – point 1 – point b a (new)
Directive 2011/92/EU
Article 1 – paragraph 2 – point g a (new)
Article 1 – paragraph 2 – point g a (new)
(ba) in paragraph 2, the following definition is added: "(ga) "standard" means a technical specification, adopted by a recognised standardisation body, for repeated or continuous application, with which compliance is not compulsory, and which is one of the following: (a) "international standard" means a standard adopted by an international standardisation body; (b) "European standard" means a standard adopted by a European standardisation organisation; (c) "harmonised standard" means a European standard adopted on the basis of a request made by the Commission for the application of Union harmonisation legislation; (d) "national standard" means a standard adopted by a national standardisation body;"
Amendment 122 #
Proposal for a directive
Article 1 – point 1 – point b a (new)
Article 1 – point 1 – point b a (new)
Directive 2011/92/EU
Article 1 – paragraph 2 – point g a (new)
Article 1 – paragraph 2 – point g a (new)
(ba) in paragraph 2, the following definition is added: "(ga) "Urban historical sites" are part of a wider totality, comprising the natural and the built environment and the everyday living experience of their dwellers as well. Within this wider space, enriched with values of remote or recent origin and permanently undergoing a dynamic process of successive transformations, new urban spaces may be considered as environmental evidences in their formative stages."
Amendment 123 #
Proposal for a directive
Article 1 – point 1 – point b b (new)
Article 1 – point 1 – point b b (new)
Directive 2011/92/EU
Article 1 – paragraph 2 – point g b (new)
Article 1 – paragraph 2 – point g b (new)
(bb) in paragraph 2, the following definition is added: "(gb) "Visual Impact Assessment": Visual impact is defined as a change in the appearance or the views of the built or natural landscape and urban areas resulting from the development which can be positive (improvement) or negative (detraction). Visual impact Assessment also covers the demolition of constructions that are protected or those with a strategic role in the traditional image of a place or a landscape. It shall cover the evident change of geological topography and any other obstacle such as buildings or walls that limit the view of nature as well as the landscape's harmony. Visual impact is assessed largely by qualitative judgements, concerned with the human appreciation and interaction with landscape and the value this gives to a place (genius loci)."
Amendment 124 #
Proposal for a directive
Article 1 – point 1 – point b c (new)
Article 1 – point 1 – point b c (new)
Directive 2011/92/EU
Article 1 – paragraph 2 – point g c (new)
Article 1 – paragraph 2 – point g c (new)
(bc) in paragraph 2, the following definition is added: "(gc) "Joint Procedure": Under the Joint Procedure the competent authority shall issue one environmental impact assessment, integrating the assessments of one or more authorities without prejudice to other provisions of other relevant EU legislation."
Amendment 126 #
Proposal for a directive
Article 1 – point 1 – point b d (new)
Article 1 – point 1 – point b d (new)
Directive 2011/92/EU
Article 1 – paragraph 2 – point g d (new)
Article 1 – paragraph 2 – point g d (new)
(bd) in paragraph 2, the following definition is added: "(gd) "Simplification" means the reduction of forms and administrative procedures, the creation of joint procedures or coordination tools to make the assessments made by many authorities to be integrated. It means to establish shared criteria, to make the submission of reports shorter and to strengthen objective and scientific evaluations."
Amendment 170 #
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 2011/92/EU
Article 3 – point a
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 Council; and Directive 2000/60/EC1; _______________ 1 OJ L 327, 22.12.2000, p.1.
Amendment 182 #
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 2011/92/EU
Article 3 – point c
Article 3 – point c
(c) material assets, cultural heritage and the landscape in accordance with Article 3 TEU, Articles 36 and 167 TFEU;
Amendment 189 #
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 2011/92/EU
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
Where there is standardisation of available procedures for a given project or facility in line with the BAT criteria, the competent authority must take that standardisation into account and centre the environmental impact assessment on the location of the facilities or the project.
Amendment 200 #
Proposal for a directive
Article 1 – point 4 – point a
Article 1 – point 4 – point a
Directive 2011/92/EU
Article 4 – paragraph 3 – subparagraph 1 a (new)
Article 4 – paragraph 3 – subparagraph 1 a (new)
The amount of information that must be provided to the competent authority in this screening process shall be kept to a minimum and limited to the key aspects enabling the authority to ascertain whether a project is viable and to suggest changes or alternatives.
Amendment 201 #
Proposal for a directive
Article 1 – point 4 – point a
Article 1 – point 4 – point a
Directive 2011/92/EU
Article 4 – paragraph 3 – subparagraph 1 b (new)
Article 4 – paragraph 3 – subparagraph 1 b (new)
The competent authority must issue a response on the screening within a short timeframe, and always within less than eight months.
Amendment 225 #
Proposal for a directive
Article 1 – point 4 – point b
Article 1 – point 4 – point b
Directive 2011/92/EU
Article 4 – paragraph 6 – subparagraph 1
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 34 months; in that case, the competent authority shall inform the developer of the reasons justifying the extension and of the date when its determination is expected.
Amendment 243 #
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, including a visual impact assessment when relevant, 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 that refer to the significant impacts 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 276 #
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, which do not entail the carrying out of a new project or one parallel to the main project; the idea is to propose alternatives to those areas of the proposed project which present problems or might cause it to fail the environmental impact assessment;
Amendment 289 #
Proposal for a directive
Article 1 – point 5
Article 1 – point 5
Directive 2011/92/EU
Article 5 – paragraph 2 – subparagraph 2
Article 5 – paragraph 2 – subparagraph 2
The competent authority may also seek assistance from accreditedindependent 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.
Amendment 297 #
Proposal for a directive
Article 1 – point 5
Article 1 – point 5
Directive 2011/92/EU
Article 5 – paragraph 3 – subparagraph 1 – point a
Article 5 – paragraph 3 – subparagraph 1 – point a
(a) the developer shall ensure that the environmental report is prepared by accreditedindependent and technically competent experts or
Amendment 307 #
Proposal for a directive
Article 1 – point 5
Article 1 – point 5
Directive 2011/92/EU
Article 5 – paragraph 3 – subparagraph 1 – point b
Article 5 – paragraph 3 – subparagraph 1 – point b
(b) the competent authority shall ensure that the environmental report is verified by accreditedindependent and technically competent experts and/or committees of known national experts.
Amendment 320 #
Proposal for a directive
Article 1 – point 5
Article 1 – point 5
Directive 2011/92/EU
Article 5 – paragraph 3 – subparagraph 2
Article 5 – paragraph 3 – subparagraph 2
Where accreditedindependent 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.
Amendment 332 #
Proposal for a directive
Article 1 – point 5
Article 1 – point 5
Directive 2011/92/EU
Article 5 – paragraph 3 – subparagraph 3 a (new)
Article 5 – paragraph 3 – subparagraph 3 a (new)
These independent experts shall be responsible for the environmental impact assessments they conduct or supervise or on which they have issued a positive or negative opinion.
Amendment 348 #
Proposal for a directive
Article 1 – point 6 – point b a (new)
Article 1 – point 6 – point b a (new)
Directive 2011/92/EU
Article 6 – paragraph 7 a (new)
Article 6 – paragraph 7 a (new)
(ba) the following paragraph 7a shall be inserted: "7a. Alternatives to proposed projects in cases deemed relevant by the law must, in the solutions they seek, endeavour to involve the owners of the land concerned in the case of private land, and the habitual users of the land concerned in the case of public land."
Amendment 441 #
Proposal for a directive
Article 1 – point 11
Article 1 – point 11
Directive 2011/92/EU
Article 12 b – paragraph 5 a (new)
Article 12 b – paragraph 5 a (new)
Amendment 454 #
Proposal for a directive
Article 3
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 thismust be executed within eight months of the approval of the amended Directive.
Amendment 480 #
Proposal for a directive
Annex – point 1
Annex – point 1
Directive 2011/92/EU
Annex II.A – paragraph 1 – point a
Annex II.A – paragraph 1 – point a
(a) a description of the physical characteristics of the whole project, including, where relevant, its subsurface and underground, during the construction and operational phases, including demolition;
Amendment 486 #
Proposal for a directive
Annex – point 1
Annex – point 1
Directive 2011/92/EU
Annex II.A – paragraph 3 – point a
Annex II.A – paragraph 3 – point a
(a) the expected residues and emissions and the production of waste when relevant;
Amendment 491 #
Proposal for a directive
Annex – point 1
Annex – point 1
Directive 2011/92/EU
Annex II.A – paragraph 4
Annex II.A – paragraph 4
4. A description of the measures envisaged to avoid, prevent or reduce any significant adverse effects on the environment, when relevant. This shall be particularly relevant when the effects or consequences of the measures are considered irreversible.
Amendment 514 #
Proposal for a directive
Annex – point 2
Annex – point 2
Directive 2011/92/EU
Annex III – paragraph 1 – point h
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) underground when relevant, air and biodiversity (population quality and quantity and ecosystem degradation and fragmentation);
Amendment 531 #
Proposal for a directive
Annex – point 2
Annex – point 2
Directive 2011/92/EU
Annex III – paragraph 2 – point c – point viii a (new)
Annex III – paragraph 2 – point c – point viii a (new)
(viiia) areas or places protected by national or regional legislation.
Amendment 532 #
Proposal for a directive
Annex – point 2
Annex – point 2
Directive 2011/92/EU
Annex III – paragraph 2 – point c – point viii b (new)
Annex III – paragraph 2 – point c – point viii b (new)
(viiib) seismic areas or those with a high risk of natural catastrophe.
Amendment 543 #
Proposal for a directive
Annex – point 2
Annex – point 2
Directive 2011/92/EU
Annex III – paragraph 3 a (new)
Annex III – paragraph 3 a (new)
3a. STANDARDISATION In the economic sectors in which it is considered necessary, and with the aim of gradually standardising the procedures and criteria applicable to environmental impact assessments, the Commission, potentially with the participation of the Member States and industry, will develop standards applicable to projects and facilities in line with Regulation 1025/2012 on European standardisation, while consistently taking into account best available technologies (BAT) criteria. Standardisation in the various sectors concerned will be a broad process which calls for cooperation with public administrations and industry and which should focus on energy efficiency, innovation and best available technologies (BAT).
Amendment 544 #
Proposal for a directive
Annex – point 2
Annex – point 2
Directive 2011/92/EU
Annex III – paragraph 3 b (new)
Annex III – paragraph 3 b (new)
3b. SECTOR-SPECIFIC CRITERIA GUIDES Criteria guides on environmental impact assessments shall be drawn up for the various sectors of economic activity if the Commission or the Member States consider this appropriate. The aim will be to simplify procedures and increase legal certainty in respect of environmental impact assessments, and to avoid differing implementation by different competent authorities. Environmental impact assessments relating to historical and cultural heritage and to the countryside will be conducted on the basis of criteria set out in a guide indicating the factors that must be respected.
Amendment 546 #
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 phases and demolition if relevant;
Amendment 548 #
Proposal for a directive
Annex – point 2
Annex – point 2
Directive 2011/92/EU
Annex IV – paragraph 1 – point a a (new)
Annex IV – paragraph 1 – point a a (new)
(aa) a description of the energy costs, the costs of recycling waste caused by demolition, the consumption of additional natural resources when a demolition project is undertaken.