28 Amendments of Sabine WILS related to 2012/0297(COD)
Amendment 11 #
Proposal for a directive
Recital 4
Recital 4
(4) Over the last decade, environmental issues, such as resource efficiency, biodiversity, land use, 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.
Amendment 12 #
Proposal for a directive
Recital 12
Recital 12
(12) When applying Directive 2011/92/EU, it is necessarythe EU is considering to ensure a competitive business environment, especially for small and medium enterprises, in order to generate smart, sustainable and inclusive growth, in line with the objectives set out in the Commission's Communication entitled ‘Europe 2020 – A strategy for smart, sustainable and inclusive growth’, the implementation of Directive 2011/92/EU should remain the main tool to promote a more resource efficient and greener economy within the transport sector as well.
Amendment 13 #
Proposal for a directive
Recital 13
Recital 13
(13) Experience has shown that in cases of civil emergency compliance with the provisions of Directive 2011/92/EU may have adverse effects, and provision should therefore be made to authorise Member States not to apply that Directive in appropriate casesonly exceptionally to projects having as their sole purpose the response to civil emergencies, subject to necessary information provided to local authorities and public concerned.
Amendment 14 #
Proposal for a directive
Recital 19 a (new)
Recital 19 a (new)
(19 a) To guarantee high level of quality and independence of the environmental reports, it should be ensured that these reports are prepared by independent, accredited and technically competent experts in total independence from the developer and the competent authorities.
Amendment 17 #
Proposal for a directive
Recital 22 a (new)
Recital 22 a (new)
(22 a) Public involvement in decision- making is critical to ensure that the decision-maker will take account of opinions and concerns which may be relevant to those decisions, thereby the accountability and transparency of the process is essential to improve the quality of decisions and to contribute to public awareness of environmental and socio- economic issues.
Amendment 19 #
Proposal for a directive
Recital 22 b (new)
Recital 22 b (new)
(22 b) The Aarhus Convention, signed and ratified by the European Union, grants the public rights regarding access to information, public participation and access to justice in decision- making processes on matters concerning the local, national and transboundary environment regarding the potential impact of projects.
Amendment 22 #
Proposal for a directive
Article 1 – point 1 – point b
Article 1 – point 1 – point b
Directive 2011/92/EU
Article 1 – paragraph 2 – point f a (new)
Article 1 – paragraph 2 – point f a (new)
(f a)"independent" means capable of the exercise of technical/scientific objectivity, free of direction or influence by the competent authority, the developer and/or the national government."
Amendment 26 #
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
Projects, including those with transboundary effect, 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 all the requirements of the relevant Union legislation.
Amendment 42 #
Proposal for a directive
Article 1 – point 5
Article 1 – point 5
Directive 2011/92/EU
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
The competent authority, after having consulted the authorities referred to in Article 6(1) and the developer and the public concerned, 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:
Amendment 43 #
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
Amendment 46 #
Proposal for a directive
Article 1 – point 5
Article 1 – point 5
Directive 2011/92/EU
Article 5 – paragraph 3 – subparagraph 1 – introductory part
Article 5 – paragraph 3 – subparagraph 1 – introductory part
To guarantee the completeness and sufficient quality and independence of the environmental reports and other environmental information under this Directive referred to in Article 5(1):
Amendment 48 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2011/92/EU
Article 5 – paragraph 3 – subparagraph 1 – point a
Article 5 – paragraph 3 – subparagraph 1 – point a
the developer shall ensure that the environmental report is prepared byor other relevant environmental information are prepared by independent accredited and technically competent experts or
Amendment 50 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2011/92/EU
Article 5 – paragraph 3 – subparagraph 1 – point b
Article 5 – paragraph 3 – subparagraph 1 – point b
the competent authority shall ensure that the environmental report is verified byor other relevant environmental information are verified by independent, accredited and technically competent experts and/or committees of national experts.
Amendment 55 #
Proposal for a directive
Article 1 – point 8
Article 1 – point 8
Directive 2011/92/EU
Article 8 – paragraph 1 – subparagraph 1 – introductory part
Article 8 – paragraph 1 – subparagraph 1 – introductory part
The results of consultations and the information gathered pursuant to Articles 5, 6 and 7 shall be taken into considerationgiven due account in the development consent procedure. To this end, the decision to grant development consent shall contain the following information:
Amendment 61 #
Proposal for a directive
Article 1 – point 8
Article 1 – point 8
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 consider whether the development of the project should be refused or 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.
Amendment 63 #
Proposal for a directive
Article 1 – point 8
Article 1 – point 8
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 of both construction and operational phases,, in order to assess the implementation and the expected effectiveness of mitigation and compensation measures, and to identify any unforeseeable adverse effects and to facilitate corrective action.
Amendment 64 #
Proposal for a directive
Article 1 – point 8
Article 1 – point 8
Directive 2011/92/EU
Article 8 – paragraph 2 – subparagraph 3
Article 8 – paragraph 2 – subparagraph 3
The type of parameters to be monitored and the duration of the monitoring shall be proportionate to the nature, location and size of the proposed project and the significance of its environmental effects. These findings shall be submitted to the competent authority and made publicly available.
Amendment 67 #
Proposal for a directive
Article 1 – point 9 – point b
Article 1 – point 9 – point b
Directive 2011/92/EU
Article 9 – paragraph 3
Article 9 – paragraph 3
Member States may also decide toshall make available to the public the information referred to in paragraph 1, when the competent authority concludes its environmental impact assessment of the project.
Amendment 74 #
Proposal for a directive
Annex 1 – point 1
Annex 1 – point 1
Directive 2011/92/EU
Annexe II a – point 3 – subpoint b
Annexe II a – point 3 – subpoint b
the use of natural resources, in particular soil, land, water, air and biodiversity, including hydromorphological changes.
Amendment 75 #
Proposal for a directive
Annex 1 – point 2
Annex 1 – point 2
Directive 2011/92/EU
Annex III – paragraph 1 – point c
Annex III – paragraph 1 – point c
the use of natural resources, in particular land, soil, water, air and biodiversity, including hydromorphological changes;
Amendment 110 #
Proposal for a directive
Article 1 – point 1 – point a
Article 1 – point 1 – point a
Directive 2011/92/EU
Article 1 – paragraph 2 – point a – indent 1
Article 1 – paragraph 2 – point a – indent 1
- the execution of construction or demolition works, or of other installations or schemesthe establishment and expansion of construction works or of other installations, the change of installation operation or the installation performance with effects in accordance with paragraph 1,
Amendment 119 #
Proposal for a directive
Article 1 – point 1 – point b
Article 1 – point 1 – point b
Directive 2011/92/EU
Article 1 – paragraph 2 – point g
Article 1 – paragraph 2 – point g
(g) "environmental impact assessment" shall mean the process of preparing an environmental report, carrying out consultations (including with the public concerned and the environmental authorities), the assessment by the competent authority, taking into account the environmental report including the initial emission load and the results of the consultations in the development consent procedure as well as the provision of information on the decision in accordance with Articles 5 to 10.
Amendment 245 #
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 including the initial emission load of the project, the characteristics of the potential impact, alternatives to 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 456 #
Proposal for a directive
Annex – point -1 (new)
Annex – point -1 (new)
Directive 2011/92/EU
Annex I – point 7 – point a
Annex I – point 7 – point a
(-1) In point 7 of Annex I, point (a) is replaced by the following: ‘(a) construction of lines for long- distance railway traffic and of airports [...]’
Amendment 457 #
Proposal for a directive
Annex – point -1 a (new)
Annex – point -1 a (new)
Directive 2011/92/EU
Annex I – point 7 – point a a (new)
Annex I – point 7 – point a a (new)
(-1a) The following point is added to point 7 of Annex I: ‘(aa) establishment of arrival and departure routes to/from the route network connection.’
Amendment 476 #
Proposal for a directive
Annex – point -1 b (new)
Annex – point -1 b (new)
Directive 2011/92/EU
Annex II – paragraph 10 – point d
Annex II – paragraph 10 – point d
(-1 b) Paragraph 10(d) of Annex II is deleted.
Amendment 482 #
Proposal for a directive
Annex 1 – point 1
Annex 1 – point 1
Directive 2011/92/EU
Annex II.A – paragraph 1 – point b a (new)
Annex II.A – paragraph 1 – point b a (new)
(ba) a description of the expected environmental effects as regards the initial immission load at the project site.
Amendment 518 #
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 or noise);