31 Amendments of Sophie AUCONIE related to 2012/0297(COD)
Amendment 88 #
Proposal for a directive
Recital 18
Recital 18
(18) The environmental report of a project to be provided by the developer should include an assessment of reasonable alternatives relevant to the proposed project, including the likely evolution of the existing state of the environment without implementation of the project (baseline scenario), as a means to improve quality of the assessment process and to allow integrating environmental considerations at an early stage in the project’s design.
Amendment 106 #
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
Amendment 137 #
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. PIn the case of 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 toMember States shall seek to introduce coordinated or joint procedures fulfilling the requirements of the relevant Union legislation where this seems appropriate.
Amendment 151 #
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
Amendment 166 #
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 Councilhuman beings, fauna and flora;
Amendment 171 #
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
2011/92/EG
Article 3 – point b
Article 3 – point b
(b) land, soil, water, air and, climate changand the landscape;
Amendment 180 #
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, and the cultural heritage and the landscape;
Amendment 193 #
Proposal for a directive
Article 1 – point 4 – point a
Article 1 – point 4 – point a
3. For projects listed in Annex II, the developer shall, where necessary and appropriate, provide 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. The detailed list of information to be provided is specified in Annex II.A.
Amendment 207 #
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, where necessary, take account of 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 212 #
Proposal for a directive
Article 1 – point 4 – point b
Article 1 – point 4 – point b
Directive 2011/92/EU
Article 4 – paragraph 5 – introductory part
Article 4 – paragraph 5 – introductory part
5. The competent authority shall make its 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 with which it is familiar, preliminary verifications or assessments of the effects on the environment arising from other Union legislation. The decision pursuant to paragraph 2 shall:
Amendment 215 #
Proposal for a directive
Article 1 – point 4 – point b
Article 1 – point 4 – point b
Directive 2011/92/EU
Article 4 – paragraph 5 – point a
Article 4 – paragraph 5 – point a
Amendment 242 #
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, reasonable alternatives to the proposed projectconsidered by the developer which, taking into account the specific features of the project, could achieve its main objectives to the same extent, 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 254 #
Proposal for a directive
Article 1 – point 5
Article 1 – point 5
Directive 2011/92/EU
Article 5 – paragraph 2 – subparagraph 1 – introductory part
Article 5 – paragraph 2 – subparagraph 1 – introductory part
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, if the operator asks for this. In particular, it shall determininclude:
Amendment 275 #
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 itsdefined in paragraph 1 and their specific characteristics;
Amendment 296 #
Proposal for a directive
Article 1 – point 5
Article 1 – point 5
(a) the developer shall ensure that the environmental report is prepared by accredited and technically competent experts orpersons, who have the required level of expertise and/or experience (experts in the field),
Amendment 306 #
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) if deemed necessary due to obvious technical deficiencies in the environmental report, the competent authority shall ensure that the environmental report is verified by accredited and technically competent expertsons and/or expert committees of national experts.
Amendment 322 #
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 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.
Amendment 324 #
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
Amendment 359 #
Proposal for a directive
Article 1 – point 8
Article 1 – point 8
Directive 2011/92/EU
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
(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);
Amendment 372 #
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
1. 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 shall, as early as possible and in close cooperation, discuss 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 additional mitigation or compensation measures are needed under the relevant law.
Amendment 377 #
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
If the competent authority decides to grant development consent, it shall, in accordance with the relevant legislation, 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.
Amendment 383 #
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
Amendment 387 #
Proposal for a directive
Article 1 – point 8
Article 1 – point 8
Directive 2011/92/EU
Article 8 – paragraph 2 – subparagraph 4
Article 8 – paragraph 2 – subparagraph 4
Amendment 404 #
Proposal for a directive
Article 1 – point 8
Article 1 – point 8
Amendment 436 #
Proposal for a directive
Article 1 – point 11
Article 1 – point 11
Directive 2011/92/EU
Articles 12 a and 12b
Articles 12 a and 12b
Amendment 455 #
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 this D, pending entry into force of the amended directive.
Amendment 478 #
Proposal for a directive
Annex – point 1
Annex – point 1
Directive 2011/92/EU
Annex II.A
Annex II.A
Amendment 507 #
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 greenhouse gas emissions including from land use, land- use change and forestry)the local climate, 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 554 #
Proposal for a directive
Annex – point 2
Annex – point 2
Directive 2011/92/EU
Annex IV – paragraph 2
Annex IV – paragraph 2
2. A descriptionn outline of the technical, locational or other aspects (e.g. in terms of project design, technical capacity, size and scale) of the alternatives considered, including by the identification of the least environmentally impacting one,veloper and an indication of the main reasons for the choice made, particularly taking into account the environmental effects.
Amendment 555 #
Proposal for a directive
Annex – point 2
Annex – point 2
Directive 2011/92/EU
Annex IV – paragraph 2
Annex IV – paragraph 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 alternatives considered, including by the identification of the least environmentally impacting one,veloper and an indication of the main reasons for the choice made, taking into account the environmental effects.
Amendment 560 #
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 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.