BETA

Activities of Jacqueline FOSTER related to 2012/0297(COD)

Shadow opinions (1)

2016/11/22
Committee: TRAN
Dossiers: 2012/0297(COD)
Documents: PDF(193 KB) DOC(279 KB)

Amendments (19)

Jacqueline FOSTER

Proposal for a directive
Article 1 – point 2

Directive 2011/92/EU
Article 2 – paragraph 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 shall be subject to coordinated or joint procedures fulfilling the requirements of the relevant Union legislation. Under the coordinated procedure, the competent authority shall coordinate the various individual assessments required by the Union legislation concerned and issued by several authorities, without prejudice to any provisions to the contrary contained in other relevant Union legislation. Under the joint procedure, the competent authority shall issue one environmental impact assessment, integrating the assessments of one or more authorities, without prejudice to any provisions to the contrary contained in other relevant Union legislation. Member States shall appoint one authority, which shall be responsible for facilitating the development consent procedure for each project.deleted

2013/06/04
Committee: TRAN

Jacqueline FOSTER

Proposal for a directive
Article 1 – point 2

Directive 2011/92/EU
Article 2 – paragraph 3

Member States may provide for coordinated or joint procedures fulfilling the requirements of the relevant Union legislation, in order, inter alia, to avoid duplication of assessment. Under the coordinated procedure, a single competent authority designated by the Member State may coordinate the relevant assessments required by the Union legislation concerned, without prejudice to any provisions to the contrary contained in other relevant Union legislation. Under the joint procedure, a single competent authority designated by the Member State may integrate the assessments of one or more authorities, without prejudice to any provisions to the contrary contained in other relevant Union legislation.

2013/06/04
Committee: TRAN

Jacqueline FOSTER

Proposal for a directive
Article 1 – point 3

Directive 2011/92/EU
Article 3 – point e

~~exposure, vulnerability and resilience of the factors referred to in points (a), (b) and (c), to natural and man-made disaster risks.~~deleted

2013/06/04
Committee: TRAN

Jacqueline FOSTER

Proposal for a directive
Article 1 – point 4 – point a

Directive 2011/92/EU
Article 4 – paragraph 3

For projects listed in Annex II, subject to nationally set thresholds in accordance with paragraphs 2 and 4, the developer ~~shall~~may provide relevant 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 in order to demonstrate that the project is not likely to have significant environmental effects. The detailed list of information to be ~~provid~~considered is specified in Annex II.A.

2013/06/04
Committee: TRAN

Jacqueline FOSTER

Proposal for a directive
Article 1 – point 4 – point b

TWhen a project is subject to a screening procedure pursuant to paragraph 2, the competent authority shall make ~~its~~their decision pursuant to paragraph 2, on the basis of the information provided by the developer 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~~ known to the authorities. The decision pursuant to paragraph 2 shall:

2013/06/04
Committee: TRAN

Jacqueline FOSTER

Proposal for a directive
Article 1 – point 4 – point b

Directive 2011/92/EU
Article 4 – paragraph 5 – point a

~~state how the criteria in Annex III have been taken into account;~~deleted

2013/06/04
Committee: TRAN

Jacqueline FOSTER

Proposal for a directive
Article 1 – point 4 – point b

may include a description of the measures envisaged to avoid, prevent and reduce any significant effects on the environment, where it is decided that no environmental impact assessment needs to be carried out pursuant to Articles 5 to 10;.

2013/06/04
Committee: TRAN

Jacqueline FOSTER

Proposal for a directive
Article 1 – point 5

Directive 2011/92/EU
Article 5 – paragraph 2

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 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 authority.deleted

2013/06/04
Committee: TRAN

Jacqueline FOSTER

Proposal for a directive
Article 1 – point 5

Directive 2011/92/EU
Article 5 – paragraph 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. If 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.

2013/06/04
Committee: TRAN

Jacqueline FOSTER

Proposal for a directive
Article 1 – point 5

Directive 2011/92/EU
Article 5 – paragraph 3

To guarantee the completeness and sufficient quality of the environmental reports referred to in Article 5(1): (a) the developer shall ensure that the environmental report is prepared by accredited and technically competent experts or (b) the competent authority shall ensure that the environmental report is verified by accredited and technically competent experts and/or committees of national experts. 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 be used by the developer for the preparation of the environmental report. 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

2013/06/04
Committee: TRAN

Jacqueline FOSTER

Proposal for a directive
Article 1 – paragraph 1 – point 6 – point b

Directive 2011/92/EU
Article 6 – paragraph 7

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 30 days; in that case, the competent authority shall inform the developer of the reasons justifying the extension.deleted

2013/06/04
Committee: TRAN

Jacqueline FOSTER

Proposal for a directive
Article 1 – point 8

Directive 2011/92/EU
Article 8 – paragraph 1 – subparagraph 1 – point a

the environmental assessment of the competent authority referred to in Article 3 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;deleted

2013/06/04
Committee: TRAN

Jacqueline FOSTER

Proposal for a directive
Article 1 – point 8

Directive 2011/92/EU
Article 8 – paragraph 1 – subparagraph 1 – point b

the main reasons for choosing the project as adopted, in the light of the other alternatives considered, including the likely evolution of the existing state of the environment without implementation of the project (baseline scenario);deleted

2013/06/04
Committee: TRAN

Jacqueline FOSTER

Proposal for a directive
Article 1 – point 8

Directive 2011/92/EU
Article 8 – paragraph 1 – subparagraph 1 – point c

a summary of the ~~comments receiv~~issues raised pursuant to Articles 6 and 7;

2013/06/04
Committee: TRAN

Jacqueline FOSTER

Proposal for a directive
Article 1 – point 8

Directive 2011/92/EU
Article 8 – paragraph 1 – subparagraph 2

For projects likely to have significant adverse transboundary effects, the competent authority shall provide information for not having taken into account comments received by the affected Member State during the consultations carried out pursuant to Article 7.deleted

2013/06/04
Committee: TRAN

Jacqueline FOSTER

Proposal for a directive
Article 1 – point 8

Directive 2011/92/EU
Article 8 – paragraph 2 – subparagraph 1

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, 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 additionalffects on the environment 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~~.

2013/06/04
Committee: TRAN

Jacqueline FOSTER

Proposal for a directive
Article 1 – point 8

Directive 2011/92/EU
Article 8 – paragraph 2 – subparagraph 2

If the competent authority decides to grant development consent, it shall ensure that the development consent includes measures to monitor the significant adverse environmental effects, in order to assess the implementation and the expected effectiveness of mitigation and compensation measures, and to identify any unforeseeable adverse effects.deleted

2013/06/04
Committee: TRAN

Jacqueline FOSTER

Proposal for a directive
Article 1 – point 8

Directive 2011/92/EU
Article 8 – paragraph 3

When 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. 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

2013/06/04
Committee: TRAN

Jacqueline FOSTER

Proposal for a directive
Article 1 – point 8

Directive 2011/92/EU
Article 8 – paragraph 4

Before a decision to grant or refuse development consent is taken, the competent authority shall verify whether the information in the environmental report referred to in Article 5(1) is up to date, in particular concerning the measures envisaged to prevent, reduce and, where possible, offset any significant adverse effects.deleted

2013/06/04
Committee: TRAN