22 Amendments of Sergio BERLATO related to 2010/0377(COD)
Amendment 64 #
Proposal for a directive
Recital 18
Recital 18
(18) In line with the Aarhus Convention, effective public participation inconsultation of the members of the public affected by decision- making is necessary to enable the public to express, and the decision-maker to take account of, opinions and concerns that may be relevant to those decisions, thereby increasing the accountability and transparency of the decision-making process and contributing to public awareness of environmental issues and support for the decisions taken. Under no circumstances must such consultations result in delays or unwarranted complications in the process of making and implementing decisions. Members of the public concerned should have access to justice in order to contribute to the protection of the right to live in an environment that is adequate for personal health and well-being.
Amendment 83 #
Proposal for a directive
Article 2 – paragraph 2 – point e
Article 2 – paragraph 2 – point e
(e) the exploitation (exploration, extraction and processing) of minerals in mines, quarries, or by means of boreholes, with the exception of underground gas storage in natural strata, salt cavities and disused mines and of chemical and thermal processing operations and storage related to those operations which involve dangerous substances, as defined in Annex I;
Amendment 101 #
Proposal for a directive
Article 3 – paragraph 1 – point 8
Article 3 – paragraph 1 – point 8
8. ‘operator’ means any natural or legal person who operates or controls an establishment or installation or, where this is provided for by national legislation, to whom decisive economic and/or decision- making power over the technical functioning of the establishment or installation has been delegated;
Amendment 126 #
Proposal for a directive
Article 6 – paragraph 1 – point g
Article 6 – paragraph 1 – point g
Amendment 128 #
Proposal for a directive
Article 6 – paragraph 1 – point g
Article 6 – paragraph 1 – point g
(g) the immediate environment of the establishment, elements liable to cause a major accident or to aggravate the consequences thereof, including details of neighbouring establishments, whether or not those are covered by this Directive, as well as of other sites, areas and developments that could increase the risk or consequences of a major accident and of domino effects.
Amendment 136 #
Proposal for a directive
Article 6 – paragraph 5
Article 6 – paragraph 5
5. Without prejudice to paragraph 4, the operator shall periodically review and wherever necessary update the notification, at least every five years. The operator shall send the updated notification to the competent authority without delay.
Amendment 140 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall require the operator to draw up a document setting out the major-accident prevention policy (hereinafter: "MAPP") and to ensure that it is properly implemented. The MAPP shall be established in writing. It shall be designed to guarantee a high level of protection for human health and the environment. It shall be proportionate to the major-accident hazards. It shall include the operator’s overall aims and principles of action, and the role and responsibility of management and shall address safety culture with respect to the control of major-accident hazards.
Amendment 144 #
Proposal for a directive
Article 7 – paragraph 2 – introductory part
Article 7 – paragraph 2 – introductory part
2. The MAPP shall be sentmade available to the competent authority within the following time-limits:
Amendment 150 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall ensure that the competent authority, using the information received from the obtains comprehensive information about other sites and areas and makes it available to operators, in compliance with Articles 6 and 9 or through inspections pursuant to Article 19, identifies all lower-tier and upper-tier establishments or groups of establishmentscluding details of neighbouring establishments, even where the latter fall outside the scope of this Directive, where the likelihood and the possibility or consequences of a major accident may be increased because of the location and the proximity of such establishments, and their inventories of dangerous substances.
Amendment 152 #
Proposal for a directive
Article 8 – paragraph 2 – point b
Article 8 – paragraph 2 – point b
b) cooperate insupply details to the authority responsible for the preparation of external emergency plans so as to informing the public and neighbouring establishments that fall outside the scope of this Directive, and in supplying information to the authority responsible for the preparation of external emergency plans.
Amendment 165 #
Proposal for a directive
Article 10 – – introductory part
Article 10 – – introductory part
Amendment 175 #
Proposal for a directive
Article 12 – paragraph 2 – point a
Article 12 – paragraph 2 – point a
(a) to maintain appropriate safety distances, where necessary, between establishments covered by this Directive and residential areas, buildings and areas of public use, major transport routes as far as possible, and recreational areas;
Amendment 182 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Member States shall ensure that the information referred to in Annex V is permanently available to the public, including in an electronic format. The information shall be reviewed and where necessary updated at least once aevery five years.
Amendment 197 #
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Requests for access to the information referred to in paragraph 2(a), (b) and (c) shall be handled in accordance with Articles 3, 4 and 5 of Directive 2003/4/EC of the European Parliament and of the Council.
Amendment 200 #
Proposal for a directive
Article 14 – title
Article 14 – title
Public consultation and participation in decision-making
Amendment 207 #
Proposal for a directive
Article 14 – paragraph 2 – point g
Article 14 – paragraph 2 – point g
(g) details of the arrangements for public participation and consultation made pursuant to paragraphoint 5.
Amendment 212 #
Proposal for a directive
Article 14 – paragraph 5 – subparagraph 2
Article 14 – paragraph 5 – subparagraph 2
Reasonable time-frames for the different phases shall be provided, allowing sufficient time for informing the public and for the public concerned to prepare and participate effectively in environmental decision-making subject to the provisions of this Article., subject to the provisions of this Article, but without unduly prolonging or complicating the time-frames for decision-making and the associated implementing measures;
Amendment 215 #
Proposal for a directive
Article 14 – paragraph 6 – point b
Article 14 – paragraph 6 – point b
(b) the results of the consultations held before the decision was taken and an explanation of how they were taken into account in that decision.
Amendment 229 #
Proposal for a directive
Article 19 – paragraph 4 – subparagraph 2
Article 19 – paragraph 4 – subparagraph 2
The period between two site visits shall be based on a systematic appraisal of the major-accident hazards of the establishments concerned and shall not exceed one year for upper-tier establishments and three years for lower- tier establishments, unless the competent authority has drawn up a systematic programme of inspections on the basis of an appraisal of the major-accident hazards of the establishment concerned. If an inspection has identified an important case of non- compliance with this Directive, an additional site visit shall be carried out within six months.
Amendment 247 #
Proposal for a directive
Article 22 – paragraph 1 – introductory part
Article 22 – paragraph 1 – introductory part
Member States shall ensure that, members of the public concerned are able to seek a review in accordance with Article 6 of Directive 2003/4/EC of the acts or omissions of a competent authority in relation to any request for information pursuant to Article 13 or Article 21(1) of this Directive. Member States shall ensure that, in accordance with the relevant national legal system, members of the public concerned have access to a review procedure before a court of law or another independent and impartial body established by law to challenge the substantive or procedural legality of decisions, acts or omissions relating to cases subject to Article 14 where:
Amendment 250 #
Proposal for a directive
Article 22 – paragraph 2 – subparagraph 1
Article 22 – paragraph 2 – subparagraph 1
What constitutes a sufficient interest and impairment of a right shall be determined by the Member States, consistently with the objective of giving the public concerned wide access to justice. To this end, the interest of any non-governmental organisation promoting environmental protection and meeting any requirements under national law shall be deemed sufficient for the purpose of paragraph 2(a)shall be deemed sufficient for the purpose of paragraph 1(a) provided the organisation: (a) has an office based in the territory affected by the decisions, acts or omissions subject to the provisions of Article 14, and (b) meets the requirements of national law.
Amendment 326 #
Proposal for a directive
Annex VI – Part I - point 1
Annex VI – Part I - point 1
Any fire or explosion or accidental discharge of a dangerous substance involving, a quantity of at least 15 % of the qualifying quantity laid down in column 3 of Annex I.