29 Amendments of Giancarlo SCOTTÀ related to 2012/0297(COD)
Amendment 94 #
Proposal for a directive
Recital 23 a (new)
Recital 23 a (new)
(23a) Under the existing Directive 2011/92/EU, the exploration and extraction of both conventional and non- conventional hydrocarbons is included in Annex II, regardless of the quantity explored or extracted. Such projects require monitoring on a case-by-case basis, in accordance with the criteria set out in Annex III, with the aim of determining the significance of their environmental effects. In accordance with the 'Guidance note on the application of Directive 85/337/EEC to projects related to the exploration and exploitation of unconventional hydrocarbons'1 and as called for by the European Parliament resolution on the environmental impacts of shale gas and shale oil extraction activities2, projects involving non- conventional hydrocarbons must be subject to this Directive, as conventional activities already are. Annex I to Directive 2011/92/EU should therefore be amended so that projects related to the exploration and extraction of non-conventional hydrocarbons that are likely to have significant effects on the environment are subject to mandatory environmental impact assessment. __________________ 1 Ares(2011)1339393. 2 P7_TA(2012)0443.
Amendment 99 #
Proposal for a directive
Recital 24
Recital 24
(24) The new provisions should also apppply solely to projects for which the request for development consent is introduced before the time-limit for transposition but for which the environmental impact assessment has not been concluded before that datenvironmental impact assessment has not yet begun before the time-limit for transposition of this Directive.
Amendment 105 #
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
(a) in point (a) of paragraph 2, after the first indent is replaced by the following is added: "— the execution of construction or demolition works, or of other installations or schemes,"demolition works that do not fall within the scope of Directives 2004/35/EC and 2010/75/EU,
Amendment 135 #
Proposal for a directive
Article 1 – point 1 – point c a (new)
Article 1 – point 1 – point c a (new)
Directive 2011/92/EU
Article 1 – paragraph 4 a (new)
Article 1 – paragraph 4 a (new)
(ca) the following paragraph 4a is added: "4a. This Directive shall not apply to schemes established in connection with a permit issued pursuant to Directive 2010/75/EU or necessary for the implementation of measures to prevent or repair environmental damage pursuant to Directive 2004/35/EC."
Amendment 168 #
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 biodiversityfauna and flora, 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 Council(**);
Amendment 178 #
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 (in terms of greenhouse gas emissions);
Amendment 221 #
Proposal for a directive
Article 1 – point 4 – point b
Article 1 – point 4 – point b
6. The competent authority shall make its decision pursuant to paragraph 2 within three monthninety 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 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.
Amendment 239 #
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, a description of the reasonable alternatives, adapted to the proposed project and to its specific features, 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 252 #
Proposal for a directive
Article 1 – point 5
Article 1 – point 5
2. TShould the developer so require, before submitting a request for development consent, 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, shall provide guidance on the information to be included by the developer in the environmental report, in accordance with paragraph 1 of this Article. In particular, the competent authority shall determineconsider:
Amendment 267 #
Proposal for a directive
Article 1 – point 5
Article 1 – point 5
Directive 2011/92/EU
Article 5 – paragraph 2 – subparagraph 1 – point c
Article 5 – paragraph 2 – subparagraph 1 – point c
(c) the individual stages of the procedure and binding time-frames with regard to their duration;
Amendment 272 #
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 283 #
Proposal for a directive
Article 1 – point 5
Article 1 – point 5
Directive 2011/92/EU
Article 5 – paragraph 2 – subparagraph 1 – point f
Article 5 – paragraph 2 – subparagraph 1 – point f
Amendment 334 #
Proposal for a directive
Article 1 – point 6 – point -a (new)
Article 1 – point 6 – point -a (new)
Directive 2011/92/EU
Article 6 – paragraph 1
Article 6 – paragraph 1
(-a) paragraph 1 is replaced by the following: "1. Member States shall take the measures necessary to ensure that the authorities likely to be concerned by the project by reason of their specific environmental responsibilities or local jurisdiction are given an opportunity to express their opinion on the information supplied by the developer and on the request for development consent. To that end, Member States shall designate the authorities to be consulted, either in general terms or on a case-by-case basis. The information gathered pursuant to Article 5 shall be forwarded to those authorities. Detailed arrangements for consultation shall be laid down by the Member States."
Amendment 337 #
Proposal for a directive
Article 1 – point 6 – point -a a (new)
Article 1 – point 6 – point -a a (new)
Directive 2011/92/EU
Article 6 – paragraph 3 – subparagraph 1 a (new)
Article 6 – paragraph 3 – subparagraph 1 a (new)
(-aa) in paragraph 3, the following subparagraph is added: "Requests for access to the information referred to in this paragraph 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 338 #
Proposal for a directive
Article 1 – point 6 – point -a b (new)
Article 1 – point 6 – point -a b (new)
Directive 2011/92/EU
Article 6 – paragraph 4
Article 6 – paragraph 4
(-ab) paragraph 4 is replaced by the following: "4. The public concerned shall be given early and effective opportunities to participate in the environmental decision-making procedures referred to in Article 2(2), through its relationship with the competent authority or authorities. The latter, during the decision-making process, are required to report the comments and opinions that the public is entitled to express when all options are open before the decision on the request for development consent is taken."
Amendment 342 #
Proposal for a directive
Article 1 – point 6 – point a
Article 1 – point 6 – point a
Directive 2011/92/EU
Article 6 – paragraph 6 – introductory part
Article 6 – paragraph 6 – introductory part
Amendment 346 #
Proposal for a directive
Article 1 – point 6 – point b
Article 1 – point 6 – point b
Directive 2011/92/EU
Article 6 – paragraph 7
Article 6 – paragraph 7
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."
Amendment 380 #
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 ensure that the development consent includesconsider whether measures to monitor the significant adverse environmental effects should be included in that development consent, in order to assess the implementation and the expected effectiveness of mitigation and compensation measures, and to identify any unforeseeable adverse effects.
Amendment 385 #
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 consistent with the requirements arising from other Union legislation and proportionate to the nature, location and size of the proposed project and the significance of its environmental effects.
Amendment 389 #
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 397 #
Proposal for a directive
Article 1 – point 8
Article 1 – point 8
Directive 2011/92/EU
Article 8 – paragraph 3 – subparagraph 1
Article 8 – paragraph 3 – subparagraph 1
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 monthninety days.
Amendment 400 #
Proposal for a directive
Article 1 – point 8
Article 1 – point 8
Directive 2011/92/EU
Article 8 – paragraph 3 – subparagraph 2
Article 8 – paragraph 3 – subparagraph 2
Amendment 416 #
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 concernmments and opinions expressed by the public concerned, and the main reasons andoutcome of the considerultations on which the decision is based, including information about the public participation processf that public and of the authorities referred to in Article 6(1), the main reasons and considerations on which the decision is based;
Amendment 422 #
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
Amendment 425 #
Proposal for a directive
Article 1 – point 9 a (new)
Article 1 – point 9 a (new)
Directive 2011/92/EU
Article 11 – paragraph 3
Article 11 – paragraph 3
(9a) Article 11, paragraph 3 is replaced by the following: "3. 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 that end, the interest of any non-governmental organisation meeting the requirements referred to in Article 1(2), which: (a) has an office based in the territory affected by the decisions, acts or omissions subject to the provisions of Article 6, and (b) meets the requirements of national law, shall be deemed sufficient for the purpose of point (a) of paragraph 1 of this Article. Such organisations shall also be deemed to have rights capable of being impaired for the purpose of point (b) of paragraph 1 of this Article."
Amendment 450 #
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 460 #
Proposal for a directive
Annex – point -1 (new)
Annex – point -1 (new)
Directive 2011/92/EU
Annex I – point 14
Annex I – point 14
(-1) In Annex I, point 14 is replaced by the following: "14. Extraction of petroleum and natural gas for commercial purposes, also where extracted from gas-bearing strata of shale or in other sedimentary rock formations of equal or lesser permeability and porosity, where the amount extracted exceeds 500 tonnes/day in the case of petroleum and 500000 cubic metres/day in the case of gas."
Amendment 509 #
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), 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 567 #
Proposal for a directive
Annex 1 – point 2
Annex 1 – point 2
Directive 2011/92/EU
Annex IV – paragraph 4
Annex IV – paragraph 4
4. A description of the aspects of the environment likely to be significantly affected by the proposed project, including, in particular, population, human health, fauna, flora, biodiversity and the ecosystem services it provides, land (land take), soil (organic matter, erosion, compaction, sealing), water (quantity and quality), air, climatic factors, climate change (greenhouse gas emissions, including from land use, land use change and forestry, mitigation potential, impacts relevant to adaptation, if the project takes into account risks associated with climate change), material assets, cultural heritage, including architectural and archaeological ones, landscape; such a description should include the inter-relationship between the above factors, as well as the exposure, vulnerability and resilience of the above factors to natural and man-made disaster risks.