Next event: Commission response to text adopted in plenary 2014/06/10 more...
- Final act published in Official Journal 2014/04/25
- Draft final act 2014/04/16
- Final act signed 2014/04/16
- End of procedure in Parliament 2014/04/16
- Act adopted by Council after Parliament's 1st reading 2014/04/14
- Council Meeting 2014/04/14
- Decision by Parliament, 1st reading/single reading 2014/03/12
- Decision by Parliament, 1st reading/single reading 2013/10/09
- Debate in Parliament 2013/10/08
- Results of vote in Parliament 2013/09/11
- Committee report tabled for plenary, 1st reading/single reading 2013/07/22
- Vote in committee, 1st reading/single reading 2013/07/11
- Committee opinion 2013/06/27
- Amendments tabled in committee 2013/06/25
- Committee opinion 2013/06/19
- Debate in Council 2013/06/18
- Council Meeting 2013/06/18
- Amendments tabled in committee 2013/05/29
- Amendments tabled in committee 2013/05/29
- Amendments tabled in committee 2013/05/29
- Amendments tabled in committee 2013/05/29
Progress: Procedure completed
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | ENVI | ZANONI Andrea ( ALDE) | GUTIÉRREZ-CORTINES Cristina ( PPE), ARSENIS Kriton ( S&D), BÉLIER Sandrine ( Verts/ALE), STEVENSON Struan ( ECR), FERREIRA João ( GUE/NGL), CYMAŃSKI Tadeusz ( EFD) |
Committee Opinion | PETI | Victor BOŞTINARU ( S&D), Adina-Ioana VĂLEAN ( PPE) | |
Committee Opinion | CULT | ||
Committee Opinion | REGI | ||
Committee Opinion | LIBE | ||
Committee Opinion | TRAN | CHOUNTIS Nikolaos ( GUE/NGL) | Michael CRAMER ( Verts/ALE), Jacqueline FOSTER ( ECR), Gesine MEISSNER ( ALDE) |
Lead committee dossier:
Legal Basis:
TFEU 192-p1
Legal Basis:
TFEU 192-p1Subjects
- 1.20.03 Right of petition
- 1.20.05 Public access to information and documents, administrative practice
- 2.80 Cooperation between administrations
- 3.70.01 Protection of natural resources: fauna, flora, nature, wildlife, countryside; biodiversity
- 3.70.02 Atmospheric pollution, motor vehicle pollution
- 3.70.03 Climate policy, climate change, ozone layer
- 3.70.04 Water control and management, pollution of waterways, water pollution
- 3.70.05 Marine and coastal pollution, pollution from ships, oil pollution
- 3.70.06 Soil pollution, deterioration
- 3.70.08 Radioactive pollution
- 3.70.09 Transfrontier pollution
- 3.70.10 Man-made disasters, industrial pollution and accidents
- 4.20 Public health
- 4.70.05 Regional cooperation, cross-border cooperation
- 8.50.01 Implementation of EU law
Events
PURPOSE: to ensure a high level of protection of the environment and human health through establishing common minimum requirements on the assessment of the effects of certain public and private projects on the environment (EIA).
LEGISLATIVE ACT: Directive 2014/52/EU of the European Parliament and of the Council amending Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment.
CONTENT: this Directive amends Directive 2011/92/EU in order to: (i) strengthen the quality of the environmental impact assessment procedure ; (ii) align that procedure with the principles of smart regulation; and (iii) enhance coherence and synergies with other Union legislation and policies, as well as strategies and policies developed by Member States in areas of national competence.
The amendments adapt the Directive to the policy, legal and technical contexts , which have evolved considerably in the last decade.
Assessment of impact : the Directive clarifies that before development consent is given , projects likely to have significant effects on the environment must be made subject to a requirement for development consent and an assessment with regard to their effects on the environment.
The environmental impact assessment (EIA) is defined as a process consisting of :
· the preparation of an environmental impact assessment report by the developer;
· the carrying out of consultations with authorities likely to be concerned by the project;
· the examination by the competent authority of the information presented in the environmental impact assessment report and any supplementary information provided, where necessary, by the developer, and any relevant information received through the consultations;
· the reasoned conclusion by the competent authority on the significant effects of the project on the environment; and
· the integration of the competent authority's reasoned conclusion into decision on development consent.
Member States may decide, on a case-by-case basis, not to apply this Directive to projects, or parts of projects, having defence as their sole purpose.
Factors to be taken into account : over the last decade, environmental issues, such as resource efficiency and sustainability, biodiversity protection, climate change, and risks of accidents and disasters, have become more important in policy making.
Accordingly, the directive provides that the EIA shall identify, describe and assess , in the light of each individual case, the direct and indirect significant effects of a project on the following factors:
· population and human health;
· biodiversity, with particular attention to species and habitats protected under Directive 92/43/EEC and Directive 2009/147/EC;
· land, soil, water, air and climate;
· material assets, cultural heritage and the landscape.
The effects include the expected effects deriving from the vulnerability of the project to risks of major accidents and/or disasters that are relevant to the project concerned.
Consultation of interested parties : Member States must take measures to:
· ensure that the authorities likely to be concerned by the project are given an opportunity to express their opinion on the information supplied by the developer and on the request for development consent;
· see that the public is informed through at least a central portal or easily accessible points of access, at the appropriate administrative level.
Conflicts of interest : in accordance with the wishes of the European Parliament, the Directive establishes clear standards to put an end to conflicts of interest.
Thus, where the competent authority is also the developer, Member States shall at least implement, within their organisation of administrative competences, an appropriate separation between conflicting functions when performing the duties arising from the Directive.
Penalties: the Directive requires Member States to lay down rules on penalties applicable to infringements of the national provisions adopted pursuant to the Directive.
ENTRY INTO FORCE: 15/05/2014.
The European Parliament adopted by 528 votes to 35 votes with 15 abstentions, the proposal for a directive of the European Parliament and of the Council amending Directive 2011/92/EU of the assessment of the effects of certain public and private projects on the environment.
The matter had been sent back to the competent committee by the plenary session of 9 October 2013. Parliament adopted its position at first reading following the ordinary legislative procedure. The amendments adopted in plenary are the result of an agreement negotiated between the European Parliament and the Council.
Assessment of effects : it is clarified that Member States shall adopt all measures necessary to ensure that, before development consent is given, projects likely to have significant effects on the environment by virtue, inter alia, of their nature, size or location are made subject to a requirement for development consent and an assessment with regard to their effects on the environment.
The environmental impact assessment means a process consisting of :
· the preparation of an environmental impact assessment report by the developer;
· the carrying out of consultations with the authorities likely to be affected by the project;
· the examination by the competent authority of the information presented in the environmental impact assessment report and any supplementary information provided, where necessary, by the developer and any relevant information received through the consultations
· the reasoned conclusion by the competent authority on the significant effects of the project on the environment, taking into account the results of the examination and, where appropriate, its own supplementary examination; and
· the integration of the competent authority's reasoned conclusion into any of the decisions on givinig autorisation.
Member States may decide, on a case-by-case basis, not to apply this Directive to projects , or parts of projects, having defence as their sole purpose.
Factors to take into account : taking into account the direct and indirect significant effects of a project on the following factors: a) population and human health ; b) biodiversity, with particular attention to protected species and habitats; land, soil, water, air and climate (for example, gas emissions); d) material assets, cultural heritage and the landscape.
The effects referred to shall include the expected effects deriving from the vulnerability of the project to risks of major accidents and/or disasters that are relevant to the project concerned.
Evaluation report : where an environmental impact assessment is required , the developer shall prepare and submit an environmental impact assessment report . The information to be provided by the developer shall include:
· a description of the project comprising information on the site, design, size and other relevant features of the project;
· a description of the likely significant effects of the project on the environment;
· a description of the features of the project and/or measures envisaged in order to avoid, prevent or reduce and, if possible, offset likely significant adverse effects on the environment;
· a description of the reasonable alternatives studied by the developer, which are relevant to the project and its specific characteristics, and an indication of the main reasons for the option chosen, taking into account the effects of the project on the environment.
Where requested by the developer, the competent authority, taking into account the information provided by the developer, shall issue an opinion on the scope and level of detail of the information to be included by the developer in the environmental impact assessment report. Member States may also require the competent authorities to give an opinion, irrespective of whether the developer so requests.
Consultation of the authorities and public consultation : the authorities likely to be concerned by the project by reason of their specific environmental responsibilities or local and regional competences shall be given an opportunity to express their opinion on the information supplied by the developer and on the request for development consent.
In order to strengthen transparency , the relevant environmental information shall be electronically accessible to the public, through at least a central portal or easily accessible points of access, at the appropriate administrative level.
Decision to grant development consent : this shall include: a) the reasoned conclusion of the competent authority on the effects of the project on the environment; b) any environmental conditions attached to the decision, a description of any features of the project and/or measures envisaged to avoid, prevent or reduce and, if possible, offset significant adverse effects on the environment as well as, where appropriate, monitoring measures.
The decision to refuse development consent shall state the main reasons for the refusal.
Conflicts of interest : Parliament proposed specific standards to put an end to the phenomenon of conflict of interests.
In cases where the competent authority is also the developer, Member States should at least implement, within their organisation of administrative competences, an appropriate separation between conflicting functions of those authorities performing the duties arising from the directive.
Penalties : Member States should lay down rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive. The penalties thus provided for should be effective, proportionate and dissuasive.
The European Parliament adopted amendments (339 votes to 293 with 28 abstentions) to the proposal for a directive of the European Parliament and of the Council amending Directive 2011/92/EU of the assessment of the effects of certain public and private projects on the environment.
The matter had been sent back to the competent committee for re-consideration. The vote was put back to a later session.
The main amendments adopted in plenary were as follows:
Projects: Parliament specified that projects within the meaning of the directive meant interventions in the natural surroundings and landscape including those involving the research and extraction of mineral resources.
The definition of ’development consent' was clarified to state that it means the decision of the competent authority or authorities that entitles the developer to start the project.
Shale gas: Members proposed to include in the list of made subject to environmental impact assessment exploration and hydraulic fracturing extraction activities for non-conventional hydrocarbons (shale gas and oil, ‘tight gas, ’coal bed methane‘), regardless of the amount extracted.
Conflict of interest : in the light of experience acquired in certain Member States, Parliament proposed to insert specific to avoid the conflict of interest that can arise between the developer of a project that is subject to environmental impact assessment and the competent authorities. In particular, the competent authorities should not also be the developer nor in any way be dependent on, linked to or subordinate to the developer.
Checking reports : the amendments proposed aim to ensure that the persons who check the environmental reports have, due to their qualifications and experience, the necessary technical expertise to carry out the tasks set out in Directive 2011/92/EU in a scientifically objective manner and in total independence from the developer and the competent authorities themselves.
Public participation : Members adopted amendments to ensure that the public would be informed and consulted. The public should have the contact information of and easy and quick access to the authority or authorities responsible for performing the duties arising from the directive. Due attention must be paid to the comments made and opinions expressed by the public.
With a view to strengthening public access and transparency, a central portal providing timely environmental information with regard to the implementation of this Directive electronically should be made available in each Member State.
Cross-border projects : Member States and neighbouring countries involved shall take all measures necessary to ensure that respective competent authorities cooperate in order to provide jointly for one integrated and coherent cross-border environmental impact assessment from an early planning stage.
In the case of projects that could have cross-border effects on the environment, the Member States concerned should set up, on the basis of equal representation, a joint liaison body responsible for dealing with all the stages in the procedure. The consent of all the Member States concerned should be required for final authorisation of the project.
Penalties: Member States will lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to the directive. The penalties provided for must be effective, proportionate and dissuasive.
The Committee on the Environment, Public Health and Food Safety adopted the report by Andrea ZANONI (ADLE, IT) on the proposal for a directive of the European Parliament and of the Council amending Directive 2011/92/EU of the assessment of the effects of certain public and private projects on the environment.
The committee recommends that Parliament’s position adopted in first reading following the ordinary legislative procedure should amend the Commission proposal as follows:
Projects: the report states that ‘projects’ must include: (1) the execution of construction works, or of other installations or schemes, including demolition works directly linked to the execution of construction works; (2) other interventions in the natural surroundings and landscape including those involving the research and extraction of mineral resources.
Conflicts of interest : Members consider that experience acquired in a number of Member States has shown that specific rules need to be introduced to put an end to the issue of conflicts of interest, in order to ensure that the aim of the environmental impact assessment procedure is effectively achieved. Accordingly, the competent authorities charged with carrying out assessments must not, under any circumstances, overlap with developers nor be dependent on or subordinate to them.
Drafting and verification of reports : an amendment states that environmental reports must be prepared by qualified and technically competent experts and/or committees of national experts whose names shall be made public.
The experts must provide appropriate guarantees of competence and impartiality when verifying environmental reports. These experts shall be responsible for the environmental impact assessments they conduct or supervise or on which they have issued a positive or negative opinion.
Public participation : the public shall have the right to request an environmental impact assessment of a given project considered to be a matter of concern, to that end employing active participation arrangements involving residents, local authorities, or NGOs in particular. The report adds new clauses regarding access to information on revision or amendment of an environmental impact report as well as on measures regarding mitigation or compensation.
With a view to strengthening access and transparency, a central portal providing timely environmental information electronically should be made available in each Member State .
Cross-border projects : Member States and neighbouring countries involved shall take all measures necessary to ensure that respective competent authorities cooperate in order to provide jointly for one integrated and coherent cross-border environmental impact assessment from an early planning stage, in accordance with applicable legislation on Union co-funding.
Monitoring and measures on mitigation and compensation : the amended text specifies that Member States shall take the necessary measures to provide that projects are constructed and operated in accordance with the following principles :
· all appropriate preventive measures are taken against pollution and no significant pollution is caused;
· the best available techniques are applied and natural resources and energy are used efficiently;
· waste generation is prevented and, where waste is generated, it is prepared for re-use, recycled, recovered;
· the necessary measures are taken to prevent accidents and limit their consequences;
· the necessary measures are taken upon definitive cessation of activities to avoid any risk of pollution and return the site of operation to a satisfactory state.
Where monitoring indicates that mitigation or compensation measures are not sufficient or unforeseen significant adverse environmental effects are observed, the competent authority shall lay down corrective mitigation or compensation measures in accordance with the relevant legislation.
Penalties : based on experience, to ensure the harmonised and effective application of the Directive, the legal systems of Member States need to provide for effective and dissuasive penalties where national provisions are infringed, in particular with regard to cases of conflict of interest or corruption.
Shale gas: the report proposes to include the exploration, evaluation and extraction of crude oil and/or natural gas trapped in gas-bearing strata of shale in Annex I of the directive regarding projects that must be made subject to an assessment.
The Council held a public policy debate on proposed changes to the Environmental Impact Assessment (EIA) Directive (Directive 2011/92/EU). The outcome of discussions will provide guidance for further work on this proposal.
Ministers focused on three questions prepared by the Presidency:
1. Do Member States agree with the proposal to introduce an obligation for a joint or coordinated assessment of a project under one competent authority in all cases , where the obligation to assess its effects on the environment arises from various Union legislative instruments?
2. Do Member States consider that the s coping of the environmental impact assessment by the competent authority should be mandatory in all cases as foreseen in Article 5 of the proposal?
3. Do Member States think that the proposal for a system of accredited experts entitled to draw up an environmental report is necessary to ensure the quality such reports?
During the debate, general agreement was expressed on the objective to review the Directive in order to simplify the EIA procedures and to improve their quality. However, considerable concerns were raised with regard to the type of measures proposed by the Commission to achieve this aim.
Ministers expressed concerns on the compatibility of the proposed provisions with the different environmental assessment systems in Member States. In particular, Member States pointed out the risk of increased administrative burden and additional costs. Many delegations considered it not to be appropriate to establish a very prescriptive system at EU level. Most delegations were in favour of flexibility left to Member States to cater for specific situations and to adapt to the existing provisions.
The Commission indicated that some change to the current systems was inevitable to improve the EIA processes for the benefit of the users and the environment. It also showed its openness to Member States' concrete suggestions to make progress on the proposal.
The vote in the European Parliament’s Committee on the Environment, Public Health and Food Safety is scheduled for July 2013.
PURPOSE: to ensure a high level of protection of the environment and human health through establishing common minimum requirements on the assessment of the effects of certain public and private projects on the environment (EIA).
PROPOSED ACT: Directive of the European Parliament and of the Council.
BACKGROUND: Directive 2011/92/EU (which codifies Directive 85/337/EEC and its three subsequent amendments) contains a legal requirement to carry out an environmental impact assessment (EIA) of public or private projects likely to have significant effects on the environment, prior to their authorisation. The Directive has become a key instrument of environmental integration and has also brought environmental and socio-economic benefits.
The mid-term review of the 6th Environment Action Programme and the latest Commission report published in 2009 on the application and efficacy of the EIA Directive (Directive 85/337/EEC) stressed the need for improving the assessment of environmental impacts and to adapt the Directive to the policy, legal and technical context which has evolved considerably.
The general objective of the proposal is to adjust the provisions of the codified EIA Directive (Directive 2011/92/EU), so as to correct shortcomings, reflect ongoing environmental and socio-economic changes and challenges, and align with the principles of smart regulation. The revision of the EIA Directive subscribes to the Europe 2020 strategy, in particular the priority of sustainable growth.
IMPACT ASSESSMENT: the impact assessment, which is submitted with the proposal, identified shortcomings in the current EIA legislation that lead to unsatisfactory implementation and socio-economic costs in the implementation of the Directive. The shortcomings of the Directive can be grouped into three specific problem areas: (1) the screening procedure, (2) the quality and analysis of the EIA and (3) the risks of inconsistencies within the EIA process itself and in relation to other legislation.
The IA assessed a number of policy options with the aim of identifying cost-effective measures to address these problems.
Nine of the twelve amendments analysed are expected to provide significant environmental and socio-economic benefits without additional administrative costs; moderate savings are also expected.
· Two amendments (assessment of alternatives and monitoring) are expected to provide high environmental and socio-economic benefits at moderate costs for developers and with limited or negligible costs for public authorities.
· One amendment (adaptation of the EIA to new challenges) is expected to provide high benefits at moderate to high costs for developers and public authorities.
In the long term, the significant environmental and socio-economic benefits and the moderate savings associated with the proposed amendments are likely to exceed the administrative costs.
LEGAL BASIS: Article 192(1) of the Treaty on the Functioning of the European Union.
CONTENT: the proposal for the amendment of Directive 2011/92/EU aims to : (i) strengthen the provisions concerning the quality of the EIA with the aim of achieving a high level of environmental protection; (ii) enhance policy coherence and synergies with other EU law instruments and (iii) simplify procedures, with a view to reducing unnecessary administrative burdens. The main amendments are as follows:
· Initial screening: it is proposed to clarify the screening procedure , by modifying the criteria of Annex III and specifying the content and justification of screening decisions. These amendments would ensure that EIAs are carried out only for projects that would have significant environmental effects, avoiding unnecessary administrative burden for small-scale projects.
· Quality and analysis of the EIA : it is proposed to: (i) introduce amendments to reinforce the quality of the process (i.e. mandatory scoping and quality control of EIA information), (ii) specify the content of the EIA report (mandatory assessment of reasonable alternatives, justification of final decisions, mandatory post-EIA monitoring of significant adverse effects) and (iii) adapt the EIA to challenges (i.e. biodiversity, climate change, disaster risks, availability of natural resources).
· Risk of inconsistencies : it is proposed to: (i) specify the time-frames for the main stages required by the Directive (public consultation, screening decision, final EIA decision) and (ii) introduce a mechanism, a kind of EIA one-stop shop to ensure coordination or joint operation of the EIA with the environmental assessments required under other relevant EU legislation, e.g. Directives 2010/75/EU, 92/43/EEC, 2001/42/EC.
BUDGETARY IMPLICATIONS: the proposal has no implications for the EU budget.
DELEGATED ACTS: the proposal contains provisions empowering the Commission to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union.
Documents
- Commission response to text adopted in plenary: SP(2014)455
- Final act published in Official Journal: Directive 2014/52
- Final act published in Official Journal: OJ L 124 25.04.2014, p. 0001
- Draft final act: 00015/2014/LEX
- Decision by Parliament, 1st reading/single reading: T7-0225/2014
- Decision by Parliament, 1st reading/single reading: T7-0413/2013
- Debate in Parliament: Debate in Parliament
- Results of vote in Parliament: Results of vote in Parliament
- Committee report tabled for plenary, 1st reading/single reading: A7-0277/2013
- Committee opinion: PE507.937
- Amendments tabled in committee: PE514.721
- Committee opinion: PE510.526
- Debate in Council: 3246
- Amendments tabled in committee: PE510.827
- Amendments tabled in committee: PE510.870
- Amendments tabled in committee: PE510.871
- Amendments tabled in committee: PE510.872
- Committee draft report: PE508.221
- Debate in Council: 3233
- Contribution: COM(2012)0628
- Economic and Social Committee: opinion, report: CES2482/2012
- Contribution: COM(2012)0628
- Contribution: COM(2012)0628
- Contribution: COM(2012)0628
- Debate in Council: 3211
- Document attached to the procedure: SWD(2012)0354
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2012)0355
- Legislative proposal published: COM(2012)0628
- Legislative proposal published: EUR-Lex
- Document attached to the procedure: SWD(2012)0354
- Document attached to the procedure: EUR-Lex SWD(2012)0355
- Economic and Social Committee: opinion, report: CES2482/2012
- Committee draft report: PE508.221
- Amendments tabled in committee: PE510.827
- Amendments tabled in committee: PE510.870
- Amendments tabled in committee: PE510.871
- Amendments tabled in committee: PE510.872
- Committee opinion: PE510.526
- Amendments tabled in committee: PE514.721
- Committee opinion: PE507.937
- Draft final act: 00015/2014/LEX
- Commission response to text adopted in plenary: SP(2014)455
- Contribution: COM(2012)0628
- Contribution: COM(2012)0628
- Contribution: COM(2012)0628
- Contribution: COM(2012)0628
Activities
- Nikolaos CHOUNTIS
Plenary Speeches (0)
- Joseph CUSCHIERI
Plenary Speeches (0)
- Christian ENGSTRÖM
Plenary Speeches (0)
- Cristina GUTIÉRREZ-CORTINES
Plenary Speeches (0)
- Miguel Angel MARTÍNEZ MARTÍNEZ
Plenary Speeches (0)
- Bogusław SONIK
Plenary Speeches (0)
- Alejo VIDAL-QUADRAS
Plenary Speeches (0)
- Andrea ZANONI
Plenary Speeches (0)
Amendments | Dossier |
118 |
2012/0297(COD)
2013/05/13
PETI
118 amendments...
Amendment 100 #
Proposal for a directive Article 1 – paragraph 1 – point 2 2011/92/EU Article 2 – paragraph 3 3. 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. The most stringent legislation shall apply.
Amendment 101 #
Proposal for a directive Article 1 – paragraph 1 – point 3 2011/92/EU Article 3 – point a (a) population
Amendment 102 #
Proposal for a directive Article 1 – paragraph 1 – point 3 2011/92/EU Article 3 – point b (b) land, soil, water, air
Amendment 103 #
Proposal for a directive Article 1 – paragraph 1 – point 3 2011/92/EU Article 3 – point b (b) land, soil, water, air and climate
Amendment 104 #
Proposal for a directive Article 1 – paragraph 1 – point 3 2011/92/EU Article 3 – point c (c) material assets, cultural heritage and the landscape in accordance with Article 3 TUE;
Amendment 105 #
Proposal for a directive Article 1 – paragraph 1 – point 3 2011/92/EU Article 3 – point d (d) the interaction between the factors referred to in points (a), (b) and (c) and the cumulative and cross-border effects of these factors;
Amendment 106 #
Proposal for a directive Article 1 – paragraph 1 – point 4 - point -a (new) 2011/92/EU Article 4 – paragraph 2 (-a) paragraph 2 is amended as follows: "2. Subject to Article 2(4), for projects listed in Annex II, Member States shall determine whether the project shall be made subject to an assessment in accordance with Articles 5 to 10. The developer may opt to make their project subject to an assessment in accordance with Articles 5 to 10. Member States shall make their determination through: (a) a case-by-case examination; or (b) thresholds or criteria set by the Member State.
Amendment 107 #
Proposal for a directive Article 1 – paragraph 1 – point 4 – point a a (new) 2011/92/EU Article 4 – paragraph 2 a (new) (aa) The following paragraph is inserted after paragraph 2: ‘2a. In setting the thresholds and criteria referred to in paragraph 2, the Member States shall endeavour to set flexible minimum thresholds and criteria so as not to exclude any public or private project that may have a significant impact on the environment;'
Amendment 108 #
Proposal for a directive Article 1 – paragraph 1 – point 4 – point a For projects listed in Annex II, with the exception of projects which do not meet a relevant threshold or criterion set by the Member State under paragraph 2(b), the developer shall provide information on the characteristics of the project, its potential significant impact on the environment and the measures envisaged in order to avoid and reduce significant effects.
Amendment 109 #
Proposal for a directive Article 1 – paragraph 1 – point 4 – point a 2011/92/EU Article 4 – paragraph 4 4.
Amendment 110 #
Proposal for a directive Article 1 – paragraph 1 – point 4 – point a 2011/92/EU 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 take account of selection criteria related to the characteristics and location of the project and its potential impact on the environment. The results of this examination must be published, and the public concerned must be able to appeal. The detailed list of selection
Amendment 111 #
Proposal for a directive Article 1 – paragraph 1 – point 4 – point b 2011/92/EU Article 4 – paragraph 5 "5. The competent authority shall make its de
Amendment 112 #
Proposal for a directive Article 1 – paragraph 1 – point 4 – point b 2011/92/EU Article 4 – paragraph 5 – point a (a) state
Amendment 113 #
Proposal for a directive Article 1 – paragraph 1 – point 4 – point b 2011/92/EU Article 4 – paragraph 5 – point c (c) include a description of the measures envisaged to avoid
Amendment 114 #
Proposal for a directive Article 1 – paragraph 1 – point 4 – point b 2011/92/EU Article 4 – paragraph 6 6. The competent authority shall make its
Amendment 115 #
Proposal for a directive Article 1 – paragraph 1 – point 5 2011/92/EU 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
Amendment 116 #
Proposal for a directive Article 1 – paragraph 1 – point 5 2011/92/EU 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
Amendment 117 #
Proposal for a directive Article 1 – paragraph 1 – point 5 2011/92/EU Article 5 – paragraph 1 ‘1. Where an environmental impact assessment must be carried out in accordance with Articles 5 to 10, the developer shall make use of the services of an accredited independent expert to 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, 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 118 #
Proposal for a directive Article 1 – paragraph 1 – point 5 Directive 2011/92/EU 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 including a visual impact assessment when relevant, taking into account current knowledge and methods of assessment, the characteristics, technical capacity and location 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 119 #
Proposal for a directive Article 1 – paragraph 1 – point 5 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 as provided in Annex IV to be included by the developer in the environmental report, in accordance with paragraph 1 of this Article. In particular, it shall determine:
Amendment 120 #
Proposal for a directive Article 1 – paragraph 1 – point 5 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
Amendment 121 #
Proposal for a directive Article 1 – paragraph 1 – point 5 2011/92/EU Article 5 – paragraph 2 – point c Amendment 122 #
Proposal for a directive Article 1 – paragraph 1 – point 5 2011/92/EU Article 5 – paragraph 2 – point d (d)
Amendment 123 #
Proposal for a directive Article 1 – paragraph 1 – point 5 (d)
Amendment 124 #
Proposal for a directive Article 1 – paragraph 1 – point 5 2011/92/EU Article 5 – paragraph 2 – point f Amendment 125 #
Proposal for a directive Article 1 – paragraph 1 – point 5 2011/92/EU Article 5 – paragraph 2 – subparagraph 2 The competent authority m
Amendment 126 #
Proposal for a directive Article 1 – paragraph 1 – point 5 2011/92/EU Article 5 – paragraph 2 – subparagraph 2 The competent authority may also seek assistance from
Amendment 127 #
Proposal for a directive Article 1 – paragraph 1 – point 5 2011/92/EU Article 5 – paragraph 3 – point a (a) the developer
Amendment 128 #
Proposal for a directive Article 1 – paragraph 1 – point 5 2011/92/EU Article 5 – paragraph 3 – point b Amendment 129 #
Proposal for a directive Article 1 – paragraph 1 – point 5 2011/92/EU Article 5 – paragraph 3 – subparagraph 2 Where
Amendment 130 #
Proposal for a directive Article 1 – paragraph 1 – point 5 2011/92/EU Article 5 – paragraph 3 – subparagraph 3 The detailed arrangements for the use and selection of
Amendment 131 #
Proposal for a directive Article 1 – paragraph 1 – point 5 2011/92/EU Article 5 – paragraph 3 – subparagraph 3 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. The Commission reserves the right to verify the independence of such experts and ensure that the selection process is carried out properly.
Amendment 132 #
Proposal for a directive Article 1 – paragraph 1 – point 6 – point b – introductory part 2012/0297 Articles 7 and 8 (b) the following paragraphs 7
Amendment 133 #
Proposal for a directive Article 1 – paragraph 1 – point 6 – point b The time-frames for consulting the public concerned on the environmental report referred to in Article 5(1) shall not be shorter than 30
Amendment 134 #
Proposal for a directive Article 1 – paragraph 1 – point 6 – point b 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
Amendment 135 #
Proposal for a directive Article 1 – paragraph 1 – point 6 – point b 2011/92/EU Article 6 – paragraph 7 a (new) 7a. Regardless of any ongoing specific project subject to an environmental impact assessment, Member States shall ensure that contact information of and easy and quick access to the authority or authorities usually responsible for performing the duties arising from this Directive be available to the public at any time.
Amendment 136 #
Proposal for a directive Article 1 – paragraph 1 – point 6 – point b 2011/92/EU Article 6 – paragraph 7 a (new) Amendment 137 #
Proposal for a directive Article 1 – paragraph 1 – point 8 2011/92/EU Article 8 – paragraph 1 – point c (c) a summary of the comments, opinions, questions and answers received pursuant to Articles 6 and 7;
Amendment 138 #
Proposal for a directive Article 1 – paragraph 1 – point 8 2011/92/EU Article 8 – paragraph 1 – subparagraph 2 For projects likely to have significant adverse transboundary effects, the competent authority shall
Amendment 139 #
Proposal for a directive Article 1 – paragraph 1 – point 8 2011/92/EU Article 8 – paragraph 2 – subparagraph 1 2. 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 to refuse development consent 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 140 #
Proposal for a directive Article 1 – paragraph 1 – point 8 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, where appropriate, 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/or net biodiversity loss and to facilitate corrective action.
Amendment 141 #
Proposal for a directive Article 1 – paragraph 1 – point 8 2011/92/EU 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. The findings of such monitoring shall be submitted to the competent authority. Existing monitoring arrangements resulting from other Union legislation may be used if appropriate.
Amendment 142 #
Proposal for a directive Article 1 – paragraph 1 – point 8 2011/92/EU 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. The findings of such monitoring from construction and operational phase shall be submitted to the competent authority and actively disseminated in accordance with Directive 2003/4/EC.
Amendment 143 #
Proposal for a directive Article 1 – paragraph 1 – point 8 2011/92/EU Article 8 – paragraph 2 – subparagraph 4 Amendment 144 #
Proposal for a directive Article 1 – paragraph 1 – point 8 2011/92/EU Article 8 – paragraph 2 – subparagraph 4 a (new) 4a. Where monitoring indicates that there are unforeseen adverse impacts the developer shall be required to take corrective action. Member states shall ensure that national laws are enforced where developers, technically competent experts and/or national experts may be liable to penalties and/or sanctions where unforeseen adverse environmental effects are the result of negligence or a serious breach of accreditation standards. The developer's proposals for corrective action shall be made publicly available and approved by the competent authority or authorities which shall ensure compliance.
Amendment 145 #
Proposal for a directive Article 1 – paragraph 1 – point 8 2011/92/EU Article 8 – paragraph 3 – subparagraph 2 Depending on the nature, complexity, location and size of the proposed project, the competent authority may extend that deadline by
Amendment 146 #
Proposal for a directive Article 1 – paragraph 1 – point 9 – point a 2011/92/EU Article 9 – paragraph 1 "1. When a decision to grant or refuse development consent has been taken, the competent authority or authorities shall inform the public and the authorities referred to in Article 6(1) thereof, as soon as possible in accordance with the appropriate procedures
Amendment 147 #
Proposal for a directive Article 1 – paragraph 1 – point 9 – point a 2011/92/EU Article 9 – paragraph 1 – point d a (new) (da) the right for the public concerned to initiate legal proceedings pursuant to Article 11.
Amendment 148 #
Proposal for a directive Article 1 – paragraph 1 – point 9 – point a 2011/92/EU Article 9 – paragraph 1 – point d a (new) (da) the public concerned must be able to challenge the information provided, and the Member State must ensure that there is an effective procedure for appealing against the decision made;
Amendment 149 #
Proposal for a directive Article 1 – paragraph 1 – point 9 – point b 2011/92/EU Article 9 – paragraph 3 Amendment 150 #
Proposal for a directive Article 1 – paragraph 1 – point 9 – point b – introductory part 2011/92/EU Article 9 – paragraphs 3 a and b (new) (b) the following paragraphs 3
Amendment 151 #
Proposal for a directive Article 1 – paragraph 1 – point 9 a (new) 2011/92/EU Article 9 a (new) (9a) The following article is added after Article 9: "(9a) Member States shall ensure that the competent authority or authorities, when performing the duties arising from this Directive, do not find themselves in a conflict of interest pursuant to any legislation binding upon them."
Amendment 152 #
Proposal for a directive Article 1 – paragraph 1 – point 9 a (new) 2011/92/EU Article 11 – paragraph 2 (9a) In Article 11, paragraph 2 is replaced by the following: "2. Member States shall determine at what stage the decisions, acts or omissions may be challenged, providing the possibility to challenge the substantive and procedural legality of decisions, acts or omissions in accordance with paragraph 1, including the use of injunction mechanism."
Amendment 153 #
Proposal for a directive Article 1 – paragraph 1 – point 9 a (new)2011/92/EU Article 11 – paragraphs 5 a and b (new) Amendment 154 #
Proposal for a directive Article 1 – paragraph 1 – point 11 2011/92/EU Article 12 a and Article 12 b Amendment 155 #
Proposal for a directive Annex 1 – point -1 (new) 2011/92/EU Annex I – paragraph 4 a (new) Amendment 156 #
Proposal for a directive Annex 1 – point -1 (new) Directive 2011/92/EU Annex II – paragraph 2 – point d – subpoint iii a (new) (-1) The following subpoint is inserted in paragraph 2, point d, of ANNEX II: "(iv) drilling for the exploration and appraisal of petroleum and/or natural gas trapped in rock formations."
Amendment 157 #
Proposal for a directive Annex 1 – point -1 (new) (-1) The following subpoint is inserted in paragraph 2, point d, of ANNEX II: "(iv) exploration of petroleum and/or natural gas trapped in strata of gas shales or other sedimentary rock formations with similarly low or lower permeability and porosity,"
Amendment 158 #
Proposal for a directive Annex 1 – point 1 2011/92/EU Annex II.A – paragraph 1 – point a (a) a description of the physical characteristics of the whole project, including, where relevant, its subsurface and underground, during the construction and operational phases
Amendment 159 #
Proposal for a directive Annex 1 – point 1 2011/92/EU Annexe II A – paragraph 1 – point b (b) a description of the location of the project, with
Amendment 160 #
Proposal for a directive Annex 1 – point 2 2011/92/EU Annex III – paragraph 1 – point f (f) the natural and man-made disaster risks and risk of accidents, with particular regard to hydromorphological changes, substances, or technologies or living organisms used, to specific surface and subsurface conditions or reasonable alternative use, and to the probability of accidents or disasters and the vulnerability of the project to these risks;
Amendment 161 #
Proposal for a directive Annex 1 – point 2 (j) impacts of the project on the environment, in particular on land (increase of settlement areas over time – land take), soil (organic matter, erosion, compaction, sealing), water (quantity and quality), underground when relevant, air and biodiversity (population quality and quantity and ecosystem degradation and fragmentation);
Amendment 162 #
Proposal for a directive Annex 1 – point 2 2011/92/EU Annex III – paragraph 2 – point a Amendment 163 #
Proposal for a directive Annex 1 – point 2 2011/92/EU Annex III – paragraph 2 – point c – subpoint iii Amendment 164 #
Proposal for a directive Annex 1 – point 2 2011/92/EU Annex III – paragraph 2 – point c – subpoint iv (iv) nature reserves and parks,
Amendment 165 #
Proposal for a directive Annex 1 – point 2 2011/92/EU Annex III – paragraph 2 – point c – subpoint viii a (new) (viiia) areas or places protected by national or regional legislation;
Amendment 166 #
Proposal for a directive Annex 1 – point 2 2011/92/EU Annex III - paragraph 2 - point c - subpoint viii b (new) (viiib) seismic areas or those with a high risk of natural catastrophe.
Amendment 167 #
Proposal for a directive Annex 1 – point 2 2011/92/EU Annex IV – paragraph 1 – point a (a) a description of the physical characteristics of the whole project, including, where relevant, its subsurface, and the water use and land-use requirements during the construction and operational phases
Amendment 168 #
Proposal for a directive Annex 1 – point 2 2011/92/UE 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
Amendment 169 #
Proposal for a directive Annex 1 – point 2 2011/92/UE Annex IV – paragraph 4 4. A description of the aspects of the environment likely to be significantly affected by the proposed project
Amendment 52 #
Proposal for a directive Recital 3 (3) It is necessary to amend Directive 2011/92/EU in order to strengthen the quality of the environmental assessment procedure, streamline the various steps of the procedure and enhance coherence and synergies with other Union legislation and policies, as well as strategies and policies developed by Member States in areas of national competence. In many cases administrative procedures became too complicated and extended, causing delays and creating additional risks for the protection of the environment. In this respect, simplification and harmonization of the proceedings shall be one of the aims of the Directive. The suitability of creating a one-stop shop is to be taken into account with a view to allow coordinated assessment or joint procedures when several EIA's are required, for instance in cases of cross-border projects, as well as to define more specific criteria mandatory assessments.
Amendment 53 #
Proposal for a directive Recital 3 (3) It is necessary to amend Directive 2011/92/EU in order to strengthen the
Amendment 54 #
Proposal for a directive Recital 3 a (new) (3a) In the case of projects which may have a cross-border impact on the environment, the Member States involved should set up a joint one-stop shop where they should be represented on the basis of parity, which should be responsible for all procedural steps. For the final project approval, the consent of all Member States concerned must be obtained.
Amendment 55 #
Proposal for a directive Recital 3 b (new) (3b) The revised Directive 2011/92/EU should also ensure that environmental protection is improved, resource efficiency increased and sustainable growth supported in Europe. To this end, it is necessary to simplify and harmonise the prescribed procedures.
Amendment 56 #
Proposal for a directive Recital 4 (4) Over the last decade, environmental issues, such as resource efficiency
Amendment 57 #
Proposal for a directive Recital 4 (4) Over the last decade, environmental issues, such as resource efficiency, biodiversity, climate change, and disaster risks, have become more important in policy making and should therefore also constitute
Amendment 58 #
Proposal for a directive Recital 4 (4) Over the last decade, environmental issues, such as resource efficiency
Amendment 59 #
Proposal for a directive Recital 4 (4) Over the last decade, environmental issues, such as resource efficiency, biodiversity, 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. As the Commission has not determined guidelines for the application of the Directive on conservation of Historical and Cultural Heritage, the Commission shall propose a list of criteria and indications with a view to a better implementation of the Directive.
Amendment 60 #
Proposal for a directive Recital 4 a (new) (4a) Stipulating that greater account must be taken of environmental criteria in all projects may also prove counter- productive if it serves to add to the complexity of the procedures involved and to lengthen the time needed to authorise and validate each stage. This may increase costs and may even in itself come to pose a threat to the environment if infrastructure projects take a very long time to complete.
Amendment 61 #
Proposal for a directive Recital 4 b (new) (4b) Environmental issues surrounding infrastructure projects must not divert attention from the fact that any project will inevitably have an impact on the environment and that the focus must be on the balance between the value of a project and its environmental impact.
Amendment 62 #
Proposal for a directive Recital 5 (5) In its Communication entitled ‘Roadmap to a Resource Efficient Europe’, the Commission committed itself to including broader resource efficiency and sustainability considerations in the context of the revision of Directive 2011/92/EU.
Amendment 63 #
Proposal for a directive Recital 7 (7) The United Nations Convention on Biological Diversity ("the Convention"), to which the European Union is party, requires assessment
Amendment 64 #
Proposal for a directive Recital 7 (7) The United Nations Convention on Biological Diversity ("the Convention"), to which the European Union is party, requires assessment, as far as possible and as appropriate, of the significant adverse effects of projects on biological diversity, which is defined in Article 2 of the Convention, with a view to avoiding or minimising such effects. This prior assessment of impacts
Amendment 65 #
Proposal for a directive Recital 8 (8) The measures taken to avoid
Amendment 66 #
Proposal for a directive Recital 9 Amendment 67 #
Proposal for a directive Recital 9 (9) Climate change will continue to
Amendment 68 #
Proposal for a directive Recital 9 (9) Climate change will continue to cause damage to the environment and compromise economic development. Accordingly, the environmental, social and economic resilience of the Union should be promoted so as to deal with climate change throughout the Union’s territory in an efficient manner. Climate change adaptation and mitigation responses need to be addressed now across many of the sectors of Union legislation.
Amendment 69 #
Proposal for a directive 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
Amendment 70 #
Proposal for a directive 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 but strictly defined and limited cases.
Amendment 71 #
Proposal for a directive 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 cases. In this respect, the Directive shall take into account the provisions of the Espoo Convention, which, in cases of cross- border projects, oblige the participating States to notify and consult each other. In such cross-border projects, the Commission shall, where and when appropriate and possible, play a more pro- active and facilitating role.
Amendment 72 #
Proposal for a directive Recital 16 Amendment 73 #
Proposal for a directive Recital 16 (16) When determining whether significant environmental effects are likely to be caused, the competent authorities
Amendment 74 #
Proposal for a directive Recital 16 (16) When determining whether significant environmental effects are likely to be caused, the competent authorities
Amendment 75 #
Proposal for a directive Recital 17 (17) The competent authorities should be required to determine the scope and level of detail of the environmental information to be submitted in the form of an environmental report (scoping). In order to improve the quality of the assessment, the simplification of the procedures and streamline the decision-making process, it is important to specify at Union level the categories of information on which the competent authorities should make that determination.
Amendment 76 #
Proposal for a directive Recital 18 Amendment 77 #
Proposal for a directive 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
Amendment 78 #
Proposal for a directive Recital 18 (18) The environmental report of a project to be provided by the developer should include an assessment of all 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
Amendment 79 #
Proposal for a directive Recital 18 (18) The environmental report of a project to be provided by the developer
Amendment 80 #
Proposal for a directive Recital 19 (19) Measures should be taken to ensure that the data and information included in the environmental reports, in accordance with Annex IV of Directive 2011/92/EU are complete and of sufficiently high quality.
Amendment 81 #
Proposal for a directive Recital 19 a (new) (19a) To guarantee the completeness, sufficient quality and independence of the environmental reports, it should be ensured that these reports are prepared by independent, accredited and technically competent experts in a scientifically objective manner and in total independence from the developer and the competent authorities.
Amendment 82 #
Proposal for a directive Recital 20 (20) With a view to ensuring transparency and accountability, the competent authority
Amendment 83 #
Proposal for a directive Recital 20 (20) With a view to ensuring transparency and accountability, the competent authority should be required to substantiate comprehensively and in detail its decision to grant development consent in respect of a project, indicating that it has taken into consideration the results of the consultations carried out
Amendment 84 #
Proposal for a directive Recital 21 (21) It is appropriate to establish common minimum requirements for the monitoring of the significant adverse effects of the construction and operation of projects to ensure a common approach in all Member States and to ensure that, after the implementation of mitigation and compensation measures, no impacts exceed those initially predicted. Such monitoring should not duplicate or add to monitoring required pursuant to other Union legislation. Where monitoring indicates that there are unforeseen adverse impacts, provision should be made for appropriate corrective action.
Amendment 85 #
Proposal for a directive Recital 22 a (new) (22a) Public involvement in decision- making from an early stage is critical to ensure that the decision-maker will take account of opinions and concerns which may be relevant to those decisions, thereby increasing the accountability and transparency on the decision-making process, improving the substantive quality of decisions and contributing to public awareness of environmental issues.
Amendment 86 #
Proposal for a directive Recital 27 (27) The Commission, when preparing and drawing up delegated acts, should ensure
Amendment 87 #
Proposal for a directive Recital 28 (28) Since the objective of this Directive, namely to ensure a high level of protection of the environment and of human health, through the establishment of minimum requirements for the environmental assessment of projects, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scope, seriousness and transboundary nature of the environmental issues to be addressed, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out
Amendment 88 #
Proposal for a directive Recital 28 (28) Since the objective of this Directive, namely to ensure a high level of protection of the environment
Amendment 89 #
Proposal for a directive Article 1 – paragraph 1 – point 1 – point a 2011/92/EU Article 1, paragraph 2, point a, indent 1 - the execution of construction or
Amendment 90 #
Proposal for a directive Article 1 – paragraph 1 – point 1 – point a a (new) 2011/92/EU Article 1 – paragraph 2 – point (c) Amendment 91 #
Proposal for a directive Article 1 – paragraph 1 – point 1 – point b – introductory part 2011/92/EU Article 1 – paragraph 2 – points f a and f b (new) (b) in paragraph 2, the following definition
Amendment 92 #
Proposal for a directive Article 1 – paragraph 1 – point 1 – point b 2011/92/EU Article 1, paragraph 2, point g "environmental impact assessment" shall mean the process of preparing an
Amendment 93 #
Proposal for a directive Article 1 – paragraph 1 – point 1 – point b 2011/92/EU Article 1- paragraph 2 - point f a (new) 'joint procedures': under the Joint Procedure the competent authority shall issue one environmental impact assessment, integrating the assessments of one or more authorities without prejudice to other provisions of other relevant EU legislation.
Amendment 94 #
Proposal for a directive Article 1 – paragraph 1 – point 1 – point b 2011/92/EU Article 1- paragraph 2 - point f b (new) 'simplification' means the reduction of forms, the creation of joint procedures and coordination tools in order to integrate the assessments made by the concerned authorities. Simplification also means to establish shared criteria, shorten deadlines for submitting reports and to strengthen objective and scientific evaluations.
Amendment 95 #
Proposal for a directive Article 1 – paragraph 1 – point 1 – point b 2011/92/EU Article 1 – paragraph 2 – point f a (new) '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, regional and local authorities.
Amendment 96 #
Proposal for a directive Article 1 – paragraph 1 – point 1 – point b – point 1 (new) 2011/92/EU Article 1 – paragraph 2 – point f a (new) 'Visual Impact Assessment': Visual impact is defined as a change in the appearance of the built or natural landscape and urban areas as a result of development which can be positive (improvement) or negative (detraction). Visual impact Assessment also covers the demolition of constructions that are protected or those with a strategic role in the traditional image of a place or a landscape. It shall cover the evident change of geological topography and any other obstacle such as buildings or walls that limit the view of nature as well as the landscape's harmony. Visual impact is assessed largely by qualitative judgements, concerned with the human appreciation and interaction with landscape and the value this gives to a place (genius loci).
Amendment 97 #
Proposal for a directive Article 1 – paragraph 1 – point 1 – point c 2011/92/EU Article 1 – paragraph 3 3. Member States may decide, on a case- by-case basis and if so provided under national law, not to apply this Directive to projects having as their sole purpose national defence or the response to civil emergencies, if they deem that such application would have an adverse effect on those purposes, provided that they have properly evaluated any other feasible alternatives and justify the final choice to the Commission.
Amendment 98 #
Proposal for a directive Article 1 – paragraph 1 – point 2 – introductory part 2011/92/EU Article 2 – paragraphs 3 and 4 (2) In Article 2, paragraphs 3
Amendment 99 #
Proposal for a directive Article 1 – paragraph 1 – point 2 2011/92/EU Article 2 – paragraph 3 3. 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
source: PE-510.694
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4f1ac7f7b819f25efd0000bc |
activities/6/committees/1/shadows/5/mepref |
Old
4de184030fb8127435bdbcf2New
4f1ac75db819f25efd000081 |
activities/6/committees/3/rapporteur/0/mepref |
Old
4de183cd0fb8127435bdbca0New
4f1ac723b819f25efd00006c |
activities/14/body |
EP
|
activities/14/committees |
|
activities/14/date |
Old
2012-11-19T00:00:00New
2014-04-25T00:00:00 |
activities/14/docs |
|
activities/14/text |
|
activities/14/type |
Old
Committee referral announced in Parliament, 1st reading/single readingNew
Final act published in Official Journal |
committees/1/rapporteur/0/mepref |
Old
4e73b164559f84559a58cc8aNew
4f1ac4c7b819f25896000034 |
committees/1/shadows/0/group |
Old
EPPNew
PPE |
committees/1/shadows/0/mepref |
Old
4de185050fb8127435bdbe67New
4f1ac8ceb819f25efd0000f4 |
committees/1/shadows/1/mepref |
Old
4de182ea0fb8127435bdbb52New
4f1ac600b819f25efd000014 |
committees/1/shadows/2/mepref |
Old
4de183770fb8127435bdbc20New
4f1ac646b819f25efd00002e |
committees/1/shadows/3/mepref |
Old
4de188670fb8127435bdc334New
4f1adb9eb819f207b30000d4 |
committees/1/shadows/4/mepref |
Old
4de184c20fb8127435bdbe03New
4f1ac7f7b819f25efd0000bc |
committees/1/shadows/5/mepref |
Old
4de184030fb8127435bdbcf2New
4f1ac75db819f25efd000081 |
committees/3/rapporteur/0/mepref |
Old
4de183cd0fb8127435bdbca0New
4f1ac723b819f25efd00006c |
procedure/final |
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activities/14 |
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procedure/stage_reached |
Old
Procedure completed, awaiting publication in Official JournalNew
Procedure completed |
activities/12 |
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activities/13 |
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procedure/stage_reached |
Old
Awaiting signature of actNew
Procedure completed, awaiting publication in Official Journal |
activities/2/docs |
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activities/3/docs |
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activities/3/text |
|
activities/4/docs |
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activities/10 |
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activities/11 |
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Old
Provisional agreement between Parliament and Council on final actNew
Awaiting signature of act |
activities/2/docs |
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activities/3/docs |
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activities/3/text |
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activities/4/docs |
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activities/2/docs/0/url |
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http://register.consilium.europa.eu/content/out?lang=EN&ff_FT_TEXT=3211&dd_DATE_REUNION=17/12/2012&single_date=17/12/2012 |
activities/3/docs/0/url |
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http://register.consilium.europa.eu/content/out?lang=EN&ff_FT_TEXT=3233&dd_DATE_REUNION=21/03/2013&single_date=21/03/2013 |
activities/4/docs/0/url |
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http://www.europarl.europa.eu/ http://register.consilium.europa.eu/servlet/driver?page=Result&typ=Simple&cmsid=638&ff_COTE_DOCUMENT=&ff_TITRE=&ff_SOUS_COTE_MATIERE=&fc=REGAISEN&srm=25&md=400&ssf=DATE_DOCUMENT+DESC&single_comparator=%3D&from_date=&to_date=&lang=EN&ff_FT_TEXT=3246&dd_DATE_REUNION=18/06/2013&single_date=18/06/2013New
http://register.consilium.europa.eu/content/out?lang=EN&ff_FT_TEXT=3246&dd_DATE_REUNION=18/06/2013&single_date=18/06/2013 |
activities/8/type |
Old
Decision by Parliament, 1st reading/single readingNew
Results of vote in Parliament |
activities/9/docs/0/text |
|
activities/9/docs/0/url |
http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2014-0225
|
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Old
Awaiting Council 1st reading position / budgetary conciliation convocationNew
Provisional agreement between Parliament and Council on final act |
activities/9/docs |
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activities/9/type |
Old
Vote in plenary scheduledNew
Decision by Parliament, 1st reading/single reading |
procedure/stage_reached |
Old
Awaiting Parliament 1st reading / single reading / budget 1st stageNew
Awaiting Council 1st reading position / budgetary conciliation convocation |
activities/9 |
|
activities/0/docs/0/celexid |
CELEX:52012PC0628:EN
|
activities/0/docs/0/celexid |
CELEX:52012PC0628:EN
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activities/8/docs/1 |
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activities/0 |
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activities/0/body |
Old
EPNew
EC |
activities/0/commission |
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activities/0/date |
Old
2013-05-29T00:00:00New
2012-10-26T00:00:00 |
activities/0/docs/0 |
|
activities/0/docs/0/celexid |
CELEX:52012PC0628:EN
|
activities/0/docs/0/text |
|
activities/0/docs/0/title |
Old
PE510.871New
COM(2012)0628 |
activities/0/docs/0/type |
Old
Amendments tabled in committeeNew
Legislative proposal published |
activities/0/docs/0/url |
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE510.871New
http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2012/0628/COM_COM(2012)0628_FR.pdf |
activities/0/docs/1 |
|
activities/0/docs/3 |
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activities/0/type |
Old
Amendments tabled in committeeNew
Legislative proposal published |
activities/3 |
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activities/5 |
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activities/8/type |
Old
Text adopted by Parliament, partial vote at 1st reading/single readingNew
Decision by Parliament, 1st reading/single reading |
activities/0/docs/0/celexid |
CELEX:52012PC0628:EN
|
activities/3/docs/0/celexid |
CELEX:52012AE2482:EN
|
activities/0/docs/0/celexid |
CELEX:52012PC0628:EN
|
activities/3/docs/0/celexid |
CELEX:52012AE2482:EN
|
activities/10/docs |
|
activities/5/date |
Old
2013-10-08T00:00:00New
2013-04-11T00:00:00 |
activities/5/docs/0/title |
Old
Debate in ParliamentNew
PE508.221 |
activities/5/docs/0/type |
Old
Debate in ParliamentNew
Committee draft report |
activities/5/docs/0/url |
Old
http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=[%EY][%m][%d]&type=CRENew
http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE508.221 |
activities/5/type |
Old
Debate in ParliamentNew
Committee draft report |
activities/10/date |
Old
2014-03-11T00:00:00New
2013-10-08T00:00:00 |
activities/10/type |
Old
Indicative plenary sitting date, 1st reading/single readingNew
Debate in Parliament |
activities/11 |
|
activities/11/date |
Old
2013-04-11T00:00:00New
2013-10-09T00:00:00 |
activities/11/docs/0/text |
|
activities/11/docs/0/title |
Old
PE508.221New
T7-0413/2013 |
activities/11/docs/0/type |
Old
Committee draft reportNew
Decision by Parliament, 1st reading/single reading |
activities/11/docs/0/url |
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE508.221New
http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2013-413 |
activities/11/type |
Old
Committee draft reportNew
Text adopted by Parliament, partial vote at 1st reading/single reading |
activities/10/docs/0/url |
Old
http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20131008&type=CRENew
http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=[%EY][%m][%d]&type=CRE |
activities/10/docs/0/url |
Old
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http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20131008&type=CRE |
activities/10/docs/0/url |
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activities/10/docs/0/url |
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http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20131008&type=CRE |
activities/10/docs/0/url |
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activities/10/docs/0/url |
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http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20131008&type=CRE |
activities/10/docs/0/url |
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activities/10/docs/0/url |
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activities/10/docs/0/url |
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activities/10/docs/0/url |
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http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20131008&type=CRE |
activities/10/docs/0/url |
Old
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activities/10/docs/0/url |
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http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20131008&type=CRE |
activities/12 |
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activities/10/docs/0/url |
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http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=[%EY][%m][%d]&type=CRE |
activities/11/docs/0/text |
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activities/10/docs |
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activities/10/type |
Old
Debate in plenary scheduledNew
Debate in Parliament |
activities/11 |
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activities/0 |
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activities/0/body |
Old
EPNew
EC |
activities/0/commission |
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activities/0/committees |
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activities/0/date |
Old
2013-07-22T00:00:00New
2012-10-26T00:00:00 |
activities/0/docs/0 |
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activities/0/docs/1/text |
|
activities/0/docs/1/title |
Old
A7-0277/2013New
SWD(2012)0354 |
activities/0/docs/1/type |
Old
Committee report tabled for plenary, 1st reading/single readingNew
Document attached to the procedure |
activities/0/docs/1/url |
http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2013-277&language=EN
|
activities/0/docs/2 |
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activities/0/type |
Old
Committee report tabled for plenary, 1st reading/single readingNew
Legislative proposal |
activities/9/committees |
|
activities/9/date |
Old
2013-10-09T00:00:00New
2013-07-22T00:00:00 |
activities/9/docs |
|
activities/9/type |
Old
Vote in plenary scheduledNew
Committee report tabled for plenary, 1st reading/single reading |
activities/10/docs |
|
activities/10/type |
Old
Debate in ParliamentNew
Debate in plenary scheduled |
activities/10/docs |
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activities/10/type |
Old
Debate in plenary scheduledNew
Debate in Parliament |
activities/11 |
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activities/0 |
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activities/0/body |
Old
EPNew
EC |
activities/0/commission |
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activities/0/committees |
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activities/0/date |
Old
2013-07-22T00:00:00New
2012-10-26T00:00:00 |
activities/0/docs/0 |
|
activities/0/docs/1/text |
|
activities/0/docs/1/title |
Old
A7-0277/2013New
SWD(2012)0354 |
activities/0/docs/1/type |
Old
Committee report tabled for plenary, 1st reading/single readingNew
Document attached to the procedure |
activities/0/docs/1/url |
http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2013-277&language=EN
|
activities/0/docs/2 |
|
activities/0/type |
Old
Committee report tabled for plenary, 1st reading/single readingNew
Legislative proposal |
activities/9/committees |
|
activities/9/date |
Old
2013-10-09T00:00:00New
2013-07-22T00:00:00 |
activities/9/docs |
|
activities/9/type |
Old
Vote in plenary scheduledNew
Committee report tabled for plenary, 1st reading/single reading |
activities/11 |
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activities/0 |
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activities/0/body |
Old
EPNew
EC |
activities/0/commission |
|
activities/0/committees |
|
activities/0/date |
Old
2013-07-22T00:00:00New
2012-10-26T00:00:00 |
activities/0/docs/0 |
|
activities/0/docs/1/text |
|
activities/0/docs/1/title |
Old
A7-0277/2013New
SWD(2012)0354 |
activities/0/docs/1/type |
Old
Committee report tabled for plenary, 1st reading/single readingNew
Document attached to the procedure |
activities/0/docs/1/url |
http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2013-277&language=EN
|
activities/0/docs/2 |
|
activities/0/type |
Old
Committee report tabled for plenary, 1st reading/single readingNew
Legislative proposal |
activities/9/committees |
|
activities/9/date |
Old
2013-10-09T00:00:00New
2013-07-22T00:00:00 |
activities/9/docs |
|
activities/9/type |
Old
Vote in plenary scheduledNew
Committee report tabled for plenary, 1st reading/single reading |
activities/11 |
|
activities/9/docs/0/text |
|
activities/10 |
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activities/9/docs/0/text |
|
activities/10 |
|
activities/9/docs/0/text |
|
activities/10 |
|
activities/0/docs/0/celexid |
CELEX:52012PC0628:EN
|
activities/3/docs/0/celexid |
CELEX:52012AE2482:EN
|
activities/0/docs/0/celexid |
CELEX:52012PC0628:EN
|
activities/3/docs/0/celexid |
CELEX:52012AE2482:EN
|
activities/9/docs/0/url |
http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2013-277&language=EN
|
activities/9 |
|
procedure/stage_reached |
Old
Awaiting committee decisionNew
Awaiting Parliament 1st reading / single reading / budget 1st stage |
activities/5 |
|
activities/5/date |
Old
2014-01-13T00:00:00New
2013-04-11T00:00:00 |
activities/5/docs |
|
activities/5/type |
Old
Indicative plenary sitting date, 1st reading/single readingNew
Committee draft report |
activities/8 |
|
activities/8/date |
Old
2013-10-23T00:00:00New
2014-01-13T00:00:00 |
activities/5 |
|
activities/5/date |
Old
2013-07-04T00:00:00New
2013-04-11T00:00:00 |
activities/5/docs |
|
activities/5/type |
Old
Vote scheduled in committee, 1st reading/single readingNew
Committee draft report |
activities/2/docs |
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activities/4/docs |
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activities/4/text |
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activities/7/docs |
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activities/2/docs |
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activities/4/docs |
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activities/4/text |
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activities/7/docs |
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activities/2/docs/0/url |
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http://www.europarl.europa.eu/ http://register.consilium.europa.eu/servlet/driver?page=Result&typ=Simple&cmsid=638&ff_COTE_DOCUMENT=&ff_TITRE=&ff_SOUS_COTE_MATIERE=&fc=REGAISEN&srm=25&md=400&ssf=DATE_DOCUMENT+DESC&single_comparator=%3D&from_date=&to_date=&lang=EN&ff_FT_TEXT=3211&dd_DATE_REUNION=17/12/2012&meeting_date_single_date=17/12/2012 |
activities/4/docs/0/url |
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activities/7/docs/0/url |
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http://www.europarl.europa.eu/ http://register.consilium.europa.eu/servlet/driver?page=Result&typ=Simple&cmsid=638&ff_COTE_DOCUMENT=&ff_TITRE=&ff_SOUS_COTE_MATIERE=&fc=REGAISEN&srm=25&md=400&ssf=DATE_DOCUMENT+DESC&single_comparator=%3D&from_date=&to_date=&lang=EN&ff_FT_TEXT=3246&dd_DATE_REUNION=18/06/2013&meeting_date_single_date=18/06/2013 |
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Old
Awaiting Parliament 1st reading / single reading / budget 1st stageNew
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activities/7 |
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activities/4/docs |
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activities/4/text |
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activities/6/docs/1 |
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activities/6/docs/2 |
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activities/6/docs/3/url |
http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE510.872
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activities/6/docs/0 |
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activities/7/date |
Old
2013-07-10T00:00:00New
2013-07-04T00:00:00 |
activities/6 |
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activities/3/docs/0/celexid |
CELEX:52012AE2482:EN
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activities/4/text |
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procedure/subject/14 |
Old
8.50.01 Implementation of Community lawNew
8.50.01 Implementation of EU law |
activities/5/docs/0/url |
http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE508.221
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activities/5 |
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activities/1/committees/5/date |
2013-04-09T00:00:00
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activities/1/committees/5/rapporteur |
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activities/4 |
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committees/5/date |
2013-04-09T00:00:00
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committees/5/rapporteur |
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other/0 |
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activities/1/committees/5 |
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committees/5 |
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activities/0/docs/0/celexid |
CELEX:52012PC0628:EN
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activities/0/docs/0/celexid |
CELEX:52012PC0628:EN
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activities/3/docs/0/url |
http://eescopinions.eesc.europa.eu/eescopiniondocument.aspx?language=EN&docnr=2482&year=2012
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activities/3 |
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activities/4/date |
Old
2013-09-10T00:00:00New
2013-10-23T00:00:00 |
activities/0/docs/0/text/0 |
Old
PURPOSE: to ensure a high level of protection of the environment and human health through establishing common minimum requirements on the assessment of the effects of certain public and private projects on the environment (EIA). PROPOSED ACT: Directive of the European Parliament and of the Council. BACKGROUND: Directive 2011/92/EU (which codifies Directive 85/337/EEC and its three subsequent amendments) contains a legal requirement to carry out an environmental impact assessment (EIA) of public or private projects likely to have significant effects on the environment, prior to their authorisation. The Directive has become a key instrument of environmental integration and has also brought environmental and socio-economic benefits. The mid-term review of the 6th Environment Action Programme and the latest Commission report published in 2009 on the application and efficacy of the EIA Directive (Directive 85/337/EEC) stressed the need for improving the assessment of environmental impacts and to adapt the Directive to the policy, legal and technical context which has evolved considerably. The general objective of the proposal is to adjust the provisions of the codified EIA Directive (Directive 2011/92/EU), so as to correct shortcomings, reflect ongoing environmental and socio-economic changes and challenges, and align with the principles of smart regulation. The revision of the EIA Directive subscribes to the Europe 2020 strategy, in particular the priority of sustainable growth. IMPACT ASSESSMENT: the impact assessment, which is submitted with the proposal, identified shortcomings in the current EIA legislation that lead to unsatisfactory implementation and socio-economic costs in the implementation of the Directive. The shortcomings of the Directive can be grouped into three specific problem areas: (1) the screening procedure, (2) the quality and analysis of the EIA and (3) the risks of inconsistencies within the EIA process itself and in relation to other legislation. The IA assessed a number of policy options with the aim of identifying cost-effective measures to address these problems. Nine of the twelve amendments analysed are expected to provide significant environmental and socio-economic benefits without additional administrative costs; moderate savings are also expected. · Two amendments (assessment of alternatives and monitoring) are expected to provide high environmental and socio-economic benefits at moderate costs for developers and with limited or negligible costs for public authorities. · One amendment (adaptation of the EIA to new challenges) is expected to provide high benefits at moderate to high costs for developers and public authorities. In the long term, the significant environmental and socio-economic benefits and the moderate savings associated with the proposed amendments are likely to exceed the administrative costs. LEGAL BASIS: Article 192(1) of the Treaty on the Functioning of the European Union. CONTENT: the proposal for the amendment of Directive 2011/92/EU aims to : (i) strengthen the provisions concerning the quality of the EIA with the aim of achieving a high level of environmental protection; (ii) enhance policy coherence and synergies with other EU law instruments and (iii) simplify procedures, with a view to reducing unnecessary administrative burdens. The main amendments are as follows: · Initial screening: it is proposed to clarify the screening procedure, by modifying the criteria of Annex III and specifying the content and justification of screening decisions. These amendments would ensure that EIAs are carried out only for projects that would have significant environmental effects, avoiding unnecessary administrative burden for small-scale projects. · Quality and analysis of the EIA: it is proposed to: (i) introduce amendments to reinforce the quality of the process (i.e. mandatory scoping and quality control of EIA information), (ii) specify the content of the EIA report (mandatory assessment of reasonable alternatives, justification of final decisions, mandatory post-EIA monitoring of significant adverse effects) and (iii) adapt the EIA to challenges (i.e. biodiversity, climate change, disaster risks, availability of natural resources). · Risk of inconsistencies: it is proposed to: (i) specify the time-frames for the main stages required by the Directive (public consultation, screening decision, final EIA decision) and (ii) introduce a mechanism, a kind of EIA one-stop shop to ensure coordination or joint operation of the EIA with the environmental assessments required under other relevant EU legislation, e.g. Directives 2010/75/EU, 92/43/EEC, 2001/42/EC. BUDGETARY IMPLICATIONS: the proposal has no implications for the EU budget. DELEGATED ACTS: the proposal contains provisions empowering the Commission to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union. New
PURPOSE: to ensure a high level of protection of the environment and human health through establishing common minimum requirements on the assessment of the effects of certain public and private projects on the environment (EIA). PROPOSED ACT: Directive of the European Parliament and of the Council. BACKGROUND: Directive 2011/92/EU (which codifies Directive 85/337/EEC and its three subsequent amendments) contains a legal requirement to carry out an environmental impact assessment (EIA) of public or private projects likely to have significant effects on the environment, prior to their authorisation. The Directive has become a key instrument of environmental integration and has also brought environmental and socio-economic benefits. The mid-term review of the 6th Environment Action Programme and the latest Commission report published in 2009 on the application and efficacy of the EIA Directive (Directive 85/337/EEC) stressed the need for improving the assessment of environmental impacts and to adapt the Directive to the policy, legal and technical context which has evolved considerably. The general objective of the proposal is to adjust the provisions of the codified EIA Directive (Directive 2011/92/EU), so as to correct shortcomings, reflect ongoing environmental and socio-economic changes and challenges, and align with the principles of smart regulation. The revision of the EIA Directive subscribes to the Europe 2020 strategy, in particular the priority of sustainable growth. IMPACT ASSESSMENT: the impact assessment, which is submitted with the proposal, identified shortcomings in the current EIA legislation that lead to unsatisfactory implementation and socio-economic costs in the implementation of the Directive. The shortcomings of the Directive can be grouped into three specific problem areas: (1) the screening procedure, (2) the quality and analysis of the EIA and (3) the risks of inconsistencies within the EIA process itself and in relation to other legislation. The IA assessed a number of policy options with the aim of identifying cost-effective measures to address these problems. Nine of the twelve amendments analysed are expected to provide significant environmental and socio-economic benefits without additional administrative costs; moderate savings are also expected. · Two amendments (assessment of alternatives and monitoring) are expected to provide high environmental and socio-economic benefits at moderate costs for developers and with limited or negligible costs for public authorities. · One amendment (adaptation of the EIA to new challenges) is expected to provide high benefits at moderate to high costs for developers and public authorities. In the long term, the significant environmental and socio-economic benefits and the moderate savings associated with the proposed amendments are likely to exceed the administrative costs. LEGAL BASIS: Article 192(1) of the Treaty on the Functioning of the European Union. CONTENT: the proposal for the amendment of Directive 2011/92/EU aims to : (i) strengthen the provisions concerning the quality of the EIA with the aim of achieving a high level of environmental protection; (ii) enhance policy coherence and synergies with other EU law instruments and (iii) simplify procedures, with a view to reducing unnecessary administrative burdens. The main amendments are as follows: · Initial screening: it is proposed to clarify the screening procedure, by modifying the criteria of Annex III and specifying the content and justification of screening decisions. These amendments would ensure that EIAs are carried out only for projects that would have significant environmental effects, avoiding unnecessary administrative burden for small-scale projects. · Quality and analysis of the EIA: it is proposed to: (i) introduce amendments to reinforce the quality of the process (i.e. mandatory scoping and quality control of EIA information), (ii) specify the content of the EIA report (mandatory assessment of reasonable alternatives, justification of final decisions, mandatory post-EIA monitoring of significant adverse effects) and (iii) adapt the EIA to challenges (i.e. biodiversity, climate change, disaster risks, availability of natural resources). · Risk of inconsistencies: it is proposed to: (i) specify the time-frames for the main stages required by the Directive (public consultation, screening decision, final EIA decision) and (ii) introduce a mechanism, a kind of EIA one-stop shop to ensure coordination or joint operation of the EIA with the environmental assessments required under other relevant EU legislation, e.g. Directives 2010/75/EU, 92/43/EEC, 2001/42/EC. BUDGETARY IMPLICATIONS: the proposal has no implications for the EU budget. DELEGATED ACTS: the proposal contains provisions empowering the Commission to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union. |
procedure/Mandatory consultation of other institutions |
Economic and Social Committee Committee of the Regions
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activities/3/date |
Old
2013-06-19T00:00:00New
2013-07-10T00:00:00 |
procedure/type |
Old
COD - Ordinary legislative procedure (ex-codecision)New
COD - Ordinary legislative procedure (ex-codecision procedure) |
activities/2 |
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activities/1/committees/1/shadows/5 |
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committees/1/shadows/5 |
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activities/3 |
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activities/1 |
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activities/2/committees |
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activities/2/date |
Old
2012-11-19T00:00:00New
2013-06-19T00:00:00 |
activities/2/type |
Old
Committee referral announced in Parliament, 1st reading/single readingNew
Vote scheduled in committee, 1st reading/single reading |
committees/1/shadows/1 |
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committees/1/shadows/2 |
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committees/1/shadows/3 |
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committees/1/shadows/4 |
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activities/1/committees/3/date |
2012-11-06T00:00:00
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activities/1/committees/3/rapporteur |
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committees/3/date |
2012-11-06T00:00:00
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committees/3/rapporteur |
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activities/0 |
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activities/1/docs/0/text |
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activities/2 |
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committees/1/date |
2012-11-21T00:00:00
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committees/1/rapporteur |
|
procedure/dossier_of_the_committee |
ENVI/7/11120
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procedure/stage_reached |
Old
Preparatory phase in ParliamentNew
Awaiting Parliament 1st reading / single reading / budget 1st stage |
activities |
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committees |
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links |
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other |
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procedure |
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