Activities of Struan STEVENSON related to 2012/0297(COD)
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council amending Directive 2011/92/EU of the assessment of the effects of certain public and private projects on the environment PDF (642 KB) DOC (1 MB)
Amendments (43)
Amendment 62 #
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, align the procedure with the principles of smart regulation 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.
Amendment 140 #
Proposal for a directive
Article 1 – point 2
Article 1 – point 2
Directive 2011/92/EU
Article 2 – paragraph 3 – subparagraph 1
Article 2 – paragraph 3 – subparagraph 1
3. Projects 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 145 #
Proposal for a directive
Article 1 – point 2
Article 1 – point 2
Directive 2011/92/EU
Article 2 – paragraph 3 – subparagraph 2
Article 2 – paragraph 3 – subparagraph 2
Amendment 149 #
Proposal for a directive
Article 1 – point 2
Article 1 – point 2
Directive 2011/92/EU
Article 2 – paragraph 3 – subparagraph 3
Article 2 – paragraph 3 – subparagraph 3
Amendment 155 #
Proposal for a directive
Article 1 – point 2
Article 1 – point 2
Directive 2011/92/EU
Article 2 – paragraph 3 – subparagraph 4
Article 2 – paragraph 3 – subparagraph 4
Member States shallmay appoint one authority, which shall be responsible for facilitating the development consent procedure for each project.
Amendment 172 #
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 2011/92/EU
Article 3 – point b
Article 3 – point b
(b) land, soil, water, air and climate change;
Amendment 181 #
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 (including impacts on property values), cultural heritage and the landscape;
Amendment 187 #
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 2011/92/EU
Article 3 – point e
Article 3 – point e
(e) exposure, vulnerability and resilience of the factors referred to in points (a), (b) and (c), to likely natural and man-made disaster risks, insofar as the existing EU legislation or international conventions request such an assessment.
Amendment 194 #
Proposal for a directive
Article 1 – point 4 – point a
Article 1 – point 4 – point a
Directive 2011/92/EU
Article 4 – paragraph 3
Article 4 – paragraph 3
3. For projects listed in Annex II, which in accordance with the laws of Member States require a case-by-case examination or which meet the thresholds or criteria set by the Member States in accordance with paragraph 2, the developer shall provide information on the characteristics of the project, and 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.
Amendment 204 #
Proposal for a directive
Article 1 – point 4 – point a
Article 1 – point 4 – point a
Directive 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 2, the competent authority shall take account of the relevant 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 223 #
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 monthirty days 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 once by a further 3 monththirty days; in that case, the competent authority shall inform the developer in writing of the reasons justifying the extension and of the date when its determination is expected.
Amendment 244 #
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 list of possible alternatives relative to the significant impacts of 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 249 #
Proposal for a directive
Article 1 – point 5
Article 1 – point 5
Directive 2011/92/EU
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Member States shall take the necessary measures to ensure that, if the developer so requests before submitting an application for development consent, the competent authority shall give an opinion on the information to be supplied by the developer in accordance with paragraph 1. 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 to be included by the developer in the environmental report, in accordance with paragraph 1 of this Article. In particular, it shall determine: (a) the decisions and opinions to be obtained; (b) the authorities and the public likely to be concerned; (c) the individual stages of the procedure and their duration; (d) reasonable alternatives relevant to the proposed project and its specific characteristics; (e) the environmental features referred to in Article 3 likely to be significantly affected; (f) the information to be submitted relevant to the specific characteristics of a particular project or type of project; (g) the information and knowledge available and obtained at other levels of decision-making or through other Union legislation, and the methods of assessment to be used. 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 authorityf the developer requests a scoping opinion, subsequent requests to the developer for additional information may only be made if these are justified by new circumstances or directly relevant to making an informed decision on any significant adverse environmental impacts, and are duly explained by the competent authority. Member States may require the competent authorities to give such an opinion, irrespective of whether the developer so requests.
Amendment 299 #
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 accreditqualified and technically competent experts or
Amendment 310 #
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 accreditqualified and technically competent experts and/or committees of national experts.
Amendment 321 #
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 accreditqualified 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 329 #
Proposal for a directive
Article 1 – point 5
Article 1 – point 5
Directive 2011/92/EU
Article 5 – paragraph 3 – subparagraph 3
Article 5 – paragraph 3 – subparagraph 3
The detailed arrangements for the use and selection of accreditqualified and technically competent experts (for example qualifications required, assignment of evaluation, licensing, and disqualification), shall be determined by the Member States.
Amendment 355 #
Proposal for a directive
Article 1 – point 8
Article 1 – point 8
Directive 2011/92/EU
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
(a) results of the environmental assessment of the competent authority referred to in Article 3, including a summary of the comments received pursuant to Articles 6 and 7 and the environmental conditions attached to the decision, including a description of the main measures to avoid, reduce and, if possible, offset significant adverse effects;
Amendment 363 #
Proposal for a directive
Article 1 – point 8
Article 1 – point 8
Directive 2011/92/EU
Article 8 – paragraph 1 – point c
Article 8 – paragraph 1 – point c
Amendment 370 #
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
2. If in light of the consultations and the information gathered pursuant to Articles 5, 6 and 7 the competent authority concludes that a project will have significant adverse environmental effects, on 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 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 additionalenvironment and decides to grant development consent, it shall consider whether the development consent should include appropriate measures to monitor the effectiveness of any mitigation orand compensation measures are needed.
Amendment 376 #
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
Amendment 391 #
Proposal for a directive
Article 1 – point 8
Article 1 – point 8
Directive 2011/92/EU
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 417 #
Proposal for a directive
Article 1 – point 9 – point a
Article 1 – point 9 – point a
Directive 2011/92/EU
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
(b) having examined the environmental report and the concerns and opinions expressed by the public concerned, the main reasons and considerations on which the decision is based, including information about how comments received through the public participation process; have been taken into account, including when a project would have an impact on property values.
Amendment 437 #
Proposal for a directive
Article 1 – point 11
Article 1 – point 11
Directive 2011/92/EU
Articles 12a and 12b
Articles 12a and 12b
Amendment 451 #
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 not be subject to the obligations referred to in Articles 3 to 11 of Directive 2011/92/EU as amended by this Directive.
Amendment 470 #
Proposal for a directive
Annex – point -1 (new)
Annex – point -1 (new)
Directive 2011/92/EU
Annex II – paragraph 2 – point d – point iii a (new)
Annex II – paragraph 2 – point d – point iii a (new)
(-1) In Annex II, paragraph 2, point d, the following point iiia shall be inserted: "(iiia) drilling for exploration and extraction of crude oil and/or natural gas trapped in gas- bearing strata of shale or in other sedimentary rock formations regardless of the amount explored or extracted;"
Amendment 472 #
Proposal for a directive
Annex – point -1 a (new)
Annex – point -1 a (new)
Directive 2011/92/EU
Annex II – paragraph 2 – point d – point iii b (new)
Annex II – paragraph 2 – point d – point iii b (new)
(-1a) In Annex II, paragraph 2, point d, the following point iiib shall be inserted: "(iiib) exploration and extraction of natural gas from coal beds, regardless of the amount extracted;"
Amendment 474 #
Proposal for a directive
Annex –point -1 b (new)
Annex –point -1 b (new)
Directive 2011/92/EU
Annex II – paragraph 2 – point e
Annex II – paragraph 2 – point e
(-1b) In Annex II, point e of paragraph 2 shall be replaced by the following: "(e) Surface industrial installations for the exploration and extraction of coal, petroleum, natural gas and ores, as well as bituminous shale, crude oil and/or natural gas trapped in gas-bearing strata of shale or in other sedimentary rock formations and natural gas from coal beds regardless of the amount explored or extracted."
Amendment 487 #
Proposal for a directive
Annex – point 1
Annex – point 1
(b) the use of relevant natural resources, in particular soil, land, water, and biodiversity, including hydromorphological changes.
Amendment 490 #
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 anyll significant adverse effects on the environment.
Amendment 501 #
Proposal for a directive
Annex – point 2
Annex – point 2
Directive 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 alternative use, and to the probability of accidents or disasters and the vulnerability of the project to these risks;.
Amendment 508 #
Proposal for a directive
Annex – point 2
Annex – point 2
Directive 2011/92/EU
Annex III – paragraph 1 – point g
Annex III – paragraph 1 – point g
(g) impacts of the project on climate change (in terms of envisaged greenhouse gas emissions including from land use, land- use change and forestry), contribution of the project to an improved resilience, and the impacts of climate change on the project (e.g. if the project is coherent with a changing climate);.
Amendment 512 #
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), air and biodiversity (population quality and quantity and ecosystem degradation and fragmentation);soil , water (quantity and quality), air and biodiversity.
Amendment 517 #
Proposal for a directive
Annex – point 2
Annex – point 2
Directive 2011/92/EU
Annex III – paragraph 1 –point i
Annex III – paragraph 1 –point i
(i) the risks to human health (e.g. due to water contamination or air pollution);
Amendment 522 #
Proposal for a directive
Annex – point 2
Annex – point 2
Directive 2011/92/EU
Annex III – paragraph 2 – point a
Annex III – paragraph 2 – point a
(a) the existing and planned land use, including land take and fragmentation;
Amendment 523 #
Proposal for a directive
Annex – point 2
Annex – point 2
Directive 2011/92/EU
Annex III – paragraph 2 – point b
Annex III – paragraph 2 – point b
(b) the relative abundance, availability, quality and regenerative capacity of natural resources (including soil, land, water, and biodiversity) in the area;
Amendment 549 #
Proposal for a directive
Annex – point 2
Annex – point 2
Directive 2011/92/EU
Annex IV – paragraph 1 – point b
Annex IV – paragraph 1 – point b
(b) a description of the main characteristics of the production processes, for instance, nature and quantity of the materials, energy and natural resources (including water, land, soil and biodiversity) used;
Amendment 558 #
Proposal for a directive
Annex – point 2
Annex – point 2
2. A description, of the technical, locational or other aspects (e.g. in terms of project design, technical capacity, size and scale) of the relevant alternatives considered, including the identification of the least environmentally impacting one, and an indication of the main reasons for the choice made, taking into account the environmental effects.
Amendment 562 #
Proposal for a directive
Annex – point 2
Annex – point 2
Directive 2011/92/EU
Annex IV – paragraph 3
Annex IV – paragraph 3
3. A description of the relevant aspects of the existing state of the environment before the implementation of the project and the likely evolution thereof without implementation of the project (baseline scenario). This description should cover any existing environmental problems relevant to the project, including, in particular, those relating to any areas of a particular environmental importance and the use of natural resources.
Amendment 570 #
Proposal for a directive
Annex – point 2
Annex – point 2
Directive 2011/92/EU
Annex IV – paragraph 5 – subparagraph 1 – point b
Annex IV – paragraph 5 – subparagraph 1 – point b
(b) the use of natural resources, in particular land, soil, water, biodiversity and the ecosystem services it provides, considering as far possible the availability of these resources also in the light of changing climatic conditions;relevant natural resources.
Amendment 579 #
Proposal for a directive
Annex – point 2
Annex – point 2
Directive 2011/92/EU
Annex IV – paragraph 5 – subparagraph 1 – point f
Annex IV – paragraph 5 – subparagraph 1 – point f
(f) the greenhouse gas emissions, including from land use, land use change and forestry;
Amendment 582 #
Proposal for a directive
Annex – point 2
Annex – point 2
Directive 2011/92/EU
Annex IV – paragraph 5 – subparagraph 2
Annex IV – paragraph 5 – subparagraph 2
The description of the likely significant effects should cover the direct effects and if feasible and relevant, any indirect, secondary, cumulative, transboundary, short-, medium- and long- term, permanent and temporary, positive and negative effects of the project. This description should take into account the environmental protection objectives established at EU or Member State level which are relevant to the project.
Amendment 590 #
Proposal for a directive
Annex – point 2
Annex – point 2
Directive 2011/92/EU
Annex IV – paragraph 8
Annex IV – paragraph 8
8. An assessment of the natural and man- made disaster risks and risk of accidents to which the project could be vulnerable and, where appropriate, a description of the measures envisaged to prevent such risks, as well as measures regarding preparedness for and response to emergencies (e.g. measures required under Directive 96/82/EC as amended). Where existing EU legislation or international conventions request so, an assessment of the likely natural and man-made disaster risks shall be included in the assessment.