# C_2016181EN.01017001.xml

| 19.5.2016 | EN | Official Journal of the European Union | C 181/170 |
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19.5.2016

EN

Official Journal of the European Union

C 181/170

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P7_TA(2013)0413

Assessment of the effects of certain public and private projects on the environment ***I

Amendments adopted by the European Parliament on 9 October 2013 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 (COM(2012)0628 — C7-0367/2012 — 2012/0297(COD)) (1)

1

(Ordinary legislative procedure: first reading)

(2016/C 181/30)

Amendment 1

Amendment 1

Proposal for a directive

Proposal for a directive

Recital 1

Recital 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| (1) | Directive 2011/92/EU has harmonised the principles for the environmental assessment of projects by introducing minimum requirements (with regard to the type of projects subject to assessment, the main obligations of developers, the content of the assessment and the participation of the competent authorities and the public), and contributes to a high level of protection of the environment and human health. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(1)

Directive 2011/92/EU has harmonised the principles for the environmental assessment of projects by introducing minimum requirements (with regard to the type of projects subject to assessment, the main obligations of developers, the content of the assessment and the participation of the competent authorities and the public), and contributes to a high level of protection of the environment and human health.

| (1) | Directive 2011/92/EU has harmonised the principles for the environmental assessment of projects by introducing minimum requirements (with regard to the type of projects subject to assessment, the main obligations of developers, the content of the assessment and the participation of the competent authorities and the public), and contributes to a high level of protection of the environment and human health.
  The Member States should be permitted to lay down more stringent rules to protect the environment and human health. |
| --- | --- |

(1)

Directive 2011/92/EU has harmonised the principles for the environmental assessment of projects by introducing minimum requirements (with regard to the type of projects subject to assessment, the main obligations of developers, the content of the assessment and the participation of the competent authorities and the public), and contributes to a high level of protection of the environment and human health.
  The Member States should be permitted to lay down more stringent rules to protect the environment and human health.

The Member States should be permitted to lay down more stringent rules to protect the environment and human health.

Amendment 2

Amendment 2

Proposal for a directive

Proposal for a directive

Recital 3

Recital 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| (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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(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.

| (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
  , align the procedure with the principles of smart regulation
  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.
  The ultimate purpose of amending this Directive is to bring about more effective implementation at Member State level. In many cases administrative procedures became too complicated and protracted, causing delays and creating additional risks for the protection of the environment. In this respect, simplification and harmonisation of the proceedings should be one of the aims of this Directive. The suitability of creating a one-stop shop is to be taken into account with a view to allowing coordinated assessment or joint procedures when several environment impact assessments (EIAs) are required, for instance in cases of cross-border projects, as well as to defining more specific criteria for mandatory assessments. |
| --- | --- |

(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
  , align the procedure with the principles of smart regulation
  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.
  The ultimate purpose of amending this Directive is to bring about more effective implementation at Member State level. In many cases administrative procedures became too complicated and protracted, causing delays and creating additional risks for the protection of the environment. In this respect, simplification and harmonisation of the proceedings should be one of the aims of this Directive. The suitability of creating a one-stop shop is to be taken into account with a view to allowing coordinated assessment or joint procedures when several environment impact assessments (EIAs) are required, for instance in cases of cross-border projects, as well as to defining more specific criteria for mandatory assessments.

, align the procedure with the principles of smart regulation

The ultimate purpose of amending this Directive is to bring about more effective implementation at Member State level. In many cases administrative procedures became too complicated and protracted, causing delays and creating additional risks for the protection of the environment. In this respect, simplification and harmonisation of the proceedings should be one of the aims of this Directive. The suitability of creating a one-stop shop is to be taken into account with a view to allowing coordinated assessment or joint procedures when several environment impact assessments (EIAs) are required, for instance in cases of cross-border projects, as well as to defining more specific criteria for mandatory assessments.

Amendment 3

Amendment 3

Proposal for a directive

Proposal for a directive

Recital 3 a (new)

Recital 3 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (3a) | In order to guarantee harmonised application and equal protection of the environment across the Union, the Commission should, in its role as the guardian of the Treaties, ensure qualitative as well as procedural compliance with the provisions of Directive 2011/92/EU, including those on public consultation and participation. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(3a)

(3a)

In order to guarantee harmonised application and equal protection of the environment across the Union, the Commission should, in its role as the guardian of the Treaties, ensure qualitative as well as procedural compliance with the provisions of Directive 2011/92/EU, including those on public consultation and participation.

In order to guarantee harmonised application and equal protection of the environment across the Union, the Commission should, in its role as the guardian of the Treaties, ensure qualitative as well as procedural compliance with the provisions of Directive 2011/92/EU, including those on public consultation and participation.

Amendment 4

Amendment 4

Proposal for a directive

Proposal for a directive

Recital 3 b (new)

Recital 3 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (3b) | In the case of projects which 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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(3b)

(3b)

In the case of projects which 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.

In the case of projects which 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.

Amendment 5

Amendment 5

Proposal for a directive

Proposal for a directive

Recital 3 c (new)

Recital 3 c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (3c) | Directive 2011/92/EU should also be revised in a way that ensures that environmental protection is improved, resource efficiency increased and sustainable growth supported in Europe. To this end, the procedures it lays down should be simplified and harmonised. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(3c)

(3c)

Directive 2011/92/EU should also be revised in a way that ensures that environmental protection is improved, resource efficiency increased and sustainable growth supported in Europe. To this end, the procedures it lays down should be simplified and harmonised.

Directive 2011/92/EU should also be revised in a way that ensures that environmental protection is improved, resource efficiency increased and sustainable growth supported in Europe. To this end, the procedures it lays down should be simplified and harmonised.

Amendment 6

Amendment 6

Proposal for a directive

Proposal for a directive

Recital 4

Recital 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| (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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(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.

and

critical

| (4) | Over the last decade, environmental issues, such as resource efficiency
  and sustainability
  , biodiversity
  protection
  ,
  land use,
  climate change, and
  natural and man—made
  disaster risks, have become more important in policy making.
  They
  should therefore also constitute
  important
  elements in assessment and decision-making processes
  for any public or private project likely to have a significant impact on the environment
  , especially for infrastructure projects
  and, as the Commission has not established guidelines for the application of Directive 2011/92/EU on conservation of Historical and Cultural Heritage, the Commission should propose a list of criteria and indications, including in relation to visual impact, with a view to a better implementation of the Directive. |
| --- | --- |

(4)

Over the last decade, environmental issues, such as resource efficiency
  and sustainability
  , biodiversity
  protection
  ,
  land use,
  climate change, and
  natural and man—made
  disaster risks, have become more important in policy making.
  They
  should therefore also constitute
  important
  elements in assessment and decision-making processes
  for any public or private project likely to have a significant impact on the environment
  , especially for infrastructure projects
  and, as the Commission has not established guidelines for the application of Directive 2011/92/EU on conservation of Historical and Cultural Heritage, the Commission should propose a list of criteria and indications, including in relation to visual impact, with a view to a better implementation of the Directive.

and sustainability

protection

land use,

natural and man

made

They

important

for any public or private project likely to have a significant impact on the environment

and, as the Commission has not established guidelines for the application of Directive 2011/92/EU on conservation of Historical and Cultural Heritage, the Commission should propose a list of criteria and indications, including in relation to visual impact, with a view to a better implementation of the Directive.

Amendment 7

Amendment 7

Proposal for a directive

Proposal for a directive

Recital 4 a (new)

Recital 4 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (4a) | Stipulating that it is necessary to take greater account of environmental criteria in all projects could also prove counter-productive if it served to add to the complexity of the procedures involved and to lengthen the time needed to authorise and validate each stage. This could increase costs and even, in itself, come to pose a threat to the environment if infrastructure projects take a very long time to complete. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(4a)

(4a)

Stipulating that it is necessary to take greater account of environmental criteria in all projects could also prove counter-productive if it served to add to the complexity of the procedures involved and to lengthen the time needed to authorise and validate each stage. This could increase costs and even, in itself, come to pose a threat to the environment if infrastructure projects take a very long time to complete.

Stipulating that it is necessary to take greater account of environmental criteria in all projects could also prove counter-productive if it served to add to the complexity of the procedures involved and to lengthen the time needed to authorise and validate each stage. This could increase costs and even, in itself, come to pose a threat to the environment if infrastructure projects take a very long time to complete.

Amendment 8

Amendment 8

Proposal for a directive

Proposal for a directive

Recital 4 b (new)

Recital 4 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (4b) | It is essential that environmental issues relating to infrastructure projects do not divert attention from the fact that any project will inevitably have an impact on the environment, and it is necessary that the focus be on the balance between the value of a project and its environmental impact. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(4b)

(4b)

It is essential that environmental issues relating to infrastructure projects do not divert attention from the fact that any project will inevitably have an impact on the environment, and it is necessary that the focus be on the balance between the value of a project and its environmental impact.

It is essential that environmental issues relating to infrastructure projects do not divert attention from the fact that any project will inevitably have an impact on the environment, and it is necessary that the focus be on the balance between the value of a project and its environmental impact.

Amendment 9

Amendment 9

Proposal for a directive

Proposal for a directive

Recital 5

Recital 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| (5) | In its Communication entitled ‘Roadmap to a Resource Efficient Europe’, the Commission committed itself to including broader resource efficiency considerations in the context of the revision of Directive 2011/92/EU. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(5)

In its Communication entitled ‘Roadmap to a Resource Efficient Europe’, the Commission committed itself to including broader resource efficiency considerations in the context of the revision of Directive 2011/92/EU.

| (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. |
| --- | --- |

(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.

and sustainability

Amendment 10

Amendment 10

Proposal for a directive

Proposal for a directive

Recital 11

Recital 11

| Text proposed by the Commission | Amendment |
| --- | --- |
| (11) | Protection and promotion of cultural heritage and landscapes, which are an integral part of the cultural diversity that the Union is committed to respect and promote in accordance with Article 167(4) of the Treaty on the Functioning of the European Union, can usefully build on definitions and principles developed in relevant Council of Europe Conventions, in particular the Convention for the Protection of the Architectural Heritage of Europe, the European Landscape Convention
  and
  the Framework Convention on the Value of Cultural Heritage for Society. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(11)

Protection and promotion of cultural heritage and landscapes, which are an integral part of the cultural diversity that the Union is committed to respect and promote in accordance with Article 167(4) of the Treaty on the Functioning of the European Union, can usefully build on definitions and principles developed in relevant Council of Europe Conventions, in particular the Convention for the Protection of the Architectural Heritage of Europe, the European Landscape Convention
  and
  the Framework Convention on the Value of Cultural Heritage for Society.

and

| (11) | Protection and promotion of cultural heritage and landscapes, which are an integral part of the cultural diversity that the Union is committed to respect and promote in accordance with Article 167(4) of the Treaty on the Functioning of the European Union, can usefully build on definitions and principles developed in relevant Council of Europe Conventions, in particular the Convention for the Protection of the Architectural Heritage of Europe, the European Landscape Convention, the Framework Convention on the Value of Cultural Heritage for Society
  and the International Recommendation concerning the Safeguarding and Contemporary Role of Historic Areas adopted in Nairobi in 1976 by UNESCO
  . |
| --- | --- |

(11)

Protection and promotion of cultural heritage and landscapes, which are an integral part of the cultural diversity that the Union is committed to respect and promote in accordance with Article 167(4) of the Treaty on the Functioning of the European Union, can usefully build on definitions and principles developed in relevant Council of Europe Conventions, in particular the Convention for the Protection of the Architectural Heritage of Europe, the European Landscape Convention, the Framework Convention on the Value of Cultural Heritage for Society
  and the International Recommendation concerning the Safeguarding and Contemporary Role of Historic Areas adopted in Nairobi in 1976 by UNESCO
  .

and the International Recommendation concerning the Safeguarding and Contemporary Role of Historic Areas adopted in Nairobi in 1976 by UNESCO

Amendment 11

Amendment 11

Proposal for a directive

Proposal for a directive

Recital 11 a (new)

Recital 11 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (11a) | Visual impact is a key criterion in environmental impact assessment in terms of the preservation of historical and cultural heritage, of natural landscapes and of urban areas; this is another factor that should be applied in assessments. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(11a)

(11a)

Visual impact is a key criterion in environmental impact assessment in terms of the preservation of historical and cultural heritage, of natural landscapes and of urban areas; this is another factor that should be applied in assessments.

Visual impact is a key criterion in environmental impact assessment in terms of the preservation of historical and cultural heritage, of natural landscapes and of urban areas; this is another factor that should be applied in assessments.

Amendment 12

Amendment 12

Proposal for a directive

Proposal for a directive

Recital 12

Recital 12

| Text proposed by the Commission | Amendment |
| --- | --- |
| (12) | When applying Directive 2011/92/EU, it is necessary to ensure
  a competitive business environment, especially for small and medium enterprises, in order to generate
  smart, sustainable and inclusive growth, in line with the objectives set out in the Commission's Communication entitled ‘Europe 2020 — A strategy for smart, sustainable and inclusive growth’. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(12)

When applying Directive 2011/92/EU, it is necessary to ensure
  a competitive business environment, especially for small and medium enterprises, in order to generate
  smart, sustainable and inclusive growth, in line with the objectives set out in the Commission's Communication entitled ‘Europe 2020 — A strategy for smart, sustainable and inclusive growth’.

a competitive business environment, especially for small and medium enterprises, in order to generate

| (12) | When applying Directive 2011/92/EU, it is necessary to ensure smart, sustainable and inclusive growth, in line with the objectives set out in the Commission's Communication entitled ‘Europe 2020 — A strategy for smart, sustainable and inclusive growth’. |
| --- | --- |

(12)

When applying Directive 2011/92/EU, it is necessary to ensure smart, sustainable and inclusive growth, in line with the objectives set out in the Commission's Communication entitled ‘Europe 2020 — A strategy for smart, sustainable and inclusive growth’.

Amendment 13

Amendment 13

Proposal for a directive

Proposal for a directive

Recital 12 a (new)

Recital 12 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (12a) | 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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(12a)

(12a)

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.

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.

Amendment 14

Amendment 14

Proposal for a directive

Proposal for a directive

Recital 12 b (new)

Recital 12 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (12b) | In order to reduce the administrative burden, facilitate the decision-making process and reduce project costs, the necessary steps should be taken towards standardisation of the criteria in line with Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation

   (2)

  , with the aim of being able to support the use of best available technologies (BAT), improve competitiveness and prevent standards from being interpreted differently. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(12b)

(12b)

In order to reduce the administrative burden, facilitate the decision-making process and reduce project costs, the necessary steps should be taken towards standardisation of the criteria in line with Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation

   (2)

  , with the aim of being able to support the use of best available technologies (BAT), improve competitiveness and prevent standards from being interpreted differently.

In order to reduce the administrative burden, facilitate the decision-making process and reduce project costs, the necessary steps should be taken towards standardisation of the criteria in line with Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation

2

, with the aim of being able to support the use of best available technologies (BAT), improve competitiveness and prevent standards from being interpreted differently.

Amendment 15

Amendment 15

Proposal for a directive

Proposal for a directive

Recital 12 c (new)

Recital 12 c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (12c) | Again with a view to further simplifying and facilitating the work of the competent administrations, guidance criteria should be drawn up that take into account the characteristics of the various sectors of economic or industrial activity. This should be based on the instructions under Article 6 of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora

   (3)

  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(12c)

(12c)

Again with a view to further simplifying and facilitating the work of the competent administrations, guidance criteria should be drawn up that take into account the characteristics of the various sectors of economic or industrial activity. This should be based on the instructions under Article 6 of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora

   (3)

  .

Again with a view to further simplifying and facilitating the work of the competent administrations, guidance criteria should be drawn up that take into account the characteristics of the various sectors of economic or industrial activity. This should be based on the instructions under Article 6 of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora

3

.

Amendment 16

Amendment 16

Proposal for a directive

Proposal for a directive

Recital 12 d (new)

Recital 12 d (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (12d) | In order to ensure the best possible preservation of historical and cultural heritage, guidance criteria should be drawn up by the Commission and/or the Member States. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(12d)

(12d)

In order to ensure the best possible preservation of historical and cultural heritage, guidance criteria should be drawn up by the Commission and/or the Member States.

In order to ensure the best possible preservation of historical and cultural heritage, guidance criteria should be drawn up by the Commission and/or the Member States.

Amendment 17

Amendment 17

Proposal for a directive

Proposal for a directive

Recital 13

Recital 13

| Text proposed by the Commission | Amendment |
| --- | --- |
| (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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(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

appropriate

| | |
| --- | --- |

Amendment 18

Amendment 18

Proposal for a directive

Proposal for a directive

Recital 13 a (new)

Recital 13 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (13a) | Article 1(4) of Directive 2011/92/EU, which lays down that that Directive does not apply to projects adopted by a specific act of national legislation, provides for an open-door derogation with limited procedural guarantees and could substantially circumvent the implementation of that Directive. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(13a)

(13a)

Article 1(4) of Directive 2011/92/EU, which lays down that that Directive does not apply to projects adopted by a specific act of national legislation, provides for an open-door derogation with limited procedural guarantees and could substantially circumvent the implementation of that Directive.

Article 1(4) of Directive 2011/92/EU, which lays down that that Directive does not apply to projects adopted by a specific act of national legislation, provides for an open-door derogation with limited procedural guarantees and could substantially circumvent the implementation of that Directive.

Amendment 19

Amendment 19

Proposal for a directive

Proposal for a directive

Recital 13 b (new)

Recital 13 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (13b) | Experience has shown that specific rules need to be introduced 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 referred to in Article 1(2)(f) of Directive 2011/92/EU. 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. For the same reasons, an authority that has been designated as a competent authority under Directive 2011/92/EU should not be able to play that role in relation to projects that are subject to environmental impact assessment which the authority itself has commissioned. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(13b)

(13b)

Experience has shown that specific rules need to be introduced 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 referred to in Article 1(2)(f) of Directive 2011/92/EU. 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. For the same reasons, an authority that has been designated as a competent authority under Directive 2011/92/EU should not be able to play that role in relation to projects that are subject to environmental impact assessment which the authority itself has commissioned.

Experience has shown that specific rules need to be introduced 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 referred to in Article 1(2)(f) of Directive 2011/92/EU. 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. For the same reasons, an authority that has been designated as a competent authority under Directive 2011/92/EU should not be able to play that role in relation to projects that are subject to environmental impact assessment which the authority itself has commissioned.

Amendment 20

Amendment 20

Proposal for a directive

Proposal for a directive

Recital 13 c (new)

Recital 13 c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (13c) | Proportionality is to be taken into account in the environmental impact assessment of the projects. The requirements that are asked for in the environmental impact assessment of a project should be proportionate to its size and stage. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(13c)

(13c)

Proportionality is to be taken into account in the environmental impact assessment of the projects. The requirements that are asked for in the environmental impact assessment of a project should be proportionate to its size and stage.

Proportionality is to be taken into account in the environmental impact assessment of the projects. The requirements that are asked for in the environmental impact assessment of a project should be proportionate to its size and stage.

Amendment 21

Amendment 21

Proposal for a directive

Proposal for a directive

Recital 16

Recital 16

| Text proposed by the Commission | Amendment |
| --- | --- |
| (16) | When determining whether significant environmental effects are likely to be caused, the competent authorities
  should identify
  the most relevant criteria to be considered and use the additional information that may be available following other assessments required by Union legislation in order to apply the screening procedure effectively. In this regard, it is appropriate to specify the content of the screening decision, in particular where no environmental assessment is required. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(16)

When determining whether significant environmental effects are likely to be caused, the competent authorities
  should identify
  the most relevant criteria to be considered and use the additional information that may be available following other assessments required by Union legislation in order to apply the screening procedure effectively. In this regard, it is appropriate to specify the content of the screening decision, in particular where no environmental assessment is required.

should identify

| (16) | When determining whether significant environmental effects are likely to be caused, the competent authorities
  should define clearly and strictly
  the most relevant criteria to be considered and use the additional information that may be available following other assessments required by Union legislation in order to apply the screening procedure effectively
  and transparently
  . In this regard, it is appropriate to specify the content of the screening decision, in particular where no environmental assessment is required. |
| --- | --- |

(16)

When determining whether significant environmental effects are likely to be caused, the competent authorities
  should define clearly and strictly
  the most relevant criteria to be considered and use the additional information that may be available following other assessments required by Union legislation in order to apply the screening procedure effectively
  and transparently
  . In this regard, it is appropriate to specify the content of the screening decision, in particular where no environmental assessment is required.

should define clearly and strictly

and transparently

Amendment 22

Amendment 22

Proposal for a directive

Proposal for a directive

Recital 16 a (new)

Recital 16 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (16a) | In order to avoid unnecessary efforts and expenditure, the projects under Annex II should include a statement of intent that never exceeds 30 pages and the projects' characteristics and information on the location of the project to be subject to screening, which should consist of an initial assessment of its viability. That screening should be public and reflect the factors set out in Article 3. It should show the significant direct and indirect effects of the project. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(16a)

(16a)

In order to avoid unnecessary efforts and expenditure, the projects under Annex II should include a statement of intent that never exceeds 30 pages and the projects' characteristics and information on the location of the project to be subject to screening, which should consist of an initial assessment of its viability. That screening should be public and reflect the factors set out in Article 3. It should show the significant direct and indirect effects of the project.

In order to avoid unnecessary efforts and expenditure, the projects under Annex II should include a statement of intent that never exceeds 30 pages and the projects' characteristics and information on the location of the project to be subject to screening, which should consist of an initial assessment of its viability. That screening should be public and reflect the factors set out in Article 3. It should show the significant direct and indirect effects of the project.

Amendment 23

Amendment 23

Proposal for a directive

Proposal for a directive

Recital 17

Recital 17

| Text proposed by the Commission | Amendment |
| --- | --- |
| (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 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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(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 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.

be required to determine

| (17) | The competent authorities should
  , when they deem it necessary or if the developer so requests, issue an opinion determining
  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
  , to simplify the procedures
  and
  to
  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. |
| --- | --- |

(17)

The competent authorities should
  , when they deem it necessary or if the developer so requests, issue an opinion determining
  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
  , to simplify the procedures
  and
  to
  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.

, when they deem it necessary or if the developer so requests, issue an opinion determining

, to simplify the procedures

to

Amendment 24

Amendment 24

Proposal for a directive

Proposal for a directive

Recital 18

Recital 18

| Text proposed by the Commission | Amendment |
| --- | --- |
| (18) | The environmental report of a project to be provided by the developer should include an assessment of reasonable alternatives relevant to the proposed project, including the likely evolution of the existing state of the environment without implementation of the project (baseline scenario), as a means to improve quality of the assessment process and to allow integrating environmental considerations at an early stage in the project’s design. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(18)

The environmental report of a project to be provided by the developer should include an assessment of reasonable alternatives relevant to the proposed project, including the likely evolution of the existing state of the environment without implementation of the project (baseline scenario), as a means to improve quality of the assessment process and to allow integrating environmental considerations at an early stage in the project’s design.

| (18) | The environmental report of a project to be provided by the developer should include an assessment of reasonable alternatives relevant to the proposed project, including the likely evolution of the existing state of the environment without implementation of the project (baseline scenario), as a means to improve quality of the
  comparative
  assessment process and to allow integrating environmental considerations at an early stage in the project’s design
  , in order to enable the choice that is most sustainable and has the least environmental impact to be made
  . |
| --- | --- |

(18)

The environmental report of a project to be provided by the developer should include an assessment of reasonable alternatives relevant to the proposed project, including the likely evolution of the existing state of the environment without implementation of the project (baseline scenario), as a means to improve quality of the
  comparative
  assessment process and to allow integrating environmental considerations at an early stage in the project’s design
  , in order to enable the choice that is most sustainable and has the least environmental impact to be made
  .

comparative

, in order to enable the choice that is most sustainable and has the least environmental impact to be made

Amendment 25

Amendment 25

Proposal for a directive

Proposal for a directive

Recital 19

Recital 19

| Text proposed by the Commission | Amendment |
| --- | --- |
| (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.
  With a view to avoiding duplication of the assessment, Member States should take account of the fact that environmental assessments may be carried out at different levels or by different instruments. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(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.
  With a view to avoiding duplication of the assessment, Member States should take account of the fact that environmental assessments may be carried out at different levels or by different instruments.

With a view to avoiding duplication of the assessment, Member States should take account of the fact that environmental assessments may be carried out at different levels or by different instruments.

| (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. |
| --- | --- |

(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 102

Amendment 102

Proposal for a directive

Proposal for a directive

Recital 19 a (new)

Recital 19 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (19a) | It should be ensured 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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(19a)

(19a)

It should be ensured 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.

It should be ensured 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.

Amendment 27

Amendment 27

Proposal for a directive

Proposal for a directive

Recital 20

Recital 20

| Text proposed by the Commission | Amendment |
| --- | --- |
| (20) | With a view to ensuring transparency and accountability, the competent authority should be required to substantiate 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 and the relevant information gathered. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(20)

With a view to ensuring transparency and accountability, the competent authority should be required to substantiate 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 and the relevant information gathered.

| (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
  with the public concerned
  and
  all
  the relevant information gathered.
  Should that condition not be met, the public concerned should have the right to appeal against the decision. |
| --- | --- |

(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
  with the public concerned
  and
  all
  the relevant information gathered.
  Should that condition not be met, the public concerned should have the right to appeal against the decision.

comprehensively and in detail

with the public concerned

all

Should that condition not be met, the public concerned should have the right to appeal against the decision.

Amendment 28

Amendment 28

Proposal for a directive

Proposal for a directive

Recital 21

Recital 21

| Text proposed by the Commission | Amendment |
| --- | --- |
| (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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(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.

construction

operation

| (21) | It is appropriate to establish common minimum requirements for the monitoring of the significant adverse effects of the
  implementation
  and
  management
  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 the outcome of the monitoring indicates the presence of unforeseen adverse effects, provision should be made for appropriate corrective action to remedy the problem, in the form of additional mitigation and/or compensation measures. |
| --- | --- |

(21)

It is appropriate to establish common minimum requirements for the monitoring of the significant adverse effects of the
  implementation
  and
  management
  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 the outcome of the monitoring indicates the presence of unforeseen adverse effects, provision should be made for appropriate corrective action to remedy the problem, in the form of additional mitigation and/or compensation measures.

implementation

management

Where the outcome of the monitoring indicates the presence of unforeseen adverse effects, provision should be made for appropriate corrective action to remedy the problem, in the form of additional mitigation and/or compensation measures.

Amendment 29

Amendment 29

Proposal for a directive

Proposal for a directive

Recital 22

Recital 22

| Text proposed by the Commission | Amendment |
| --- | --- |
| (22) | Time-frames for the various steps of the environmental assessment of projects should be introduced, in order to stimulate more efficient decision-making and increase legal certainty, also taking into account the nature, complexity, location and size of the proposed project. Such time-frames should under no circumstances compromise the high standards for the protection of the environment, particularly those resulting from other Union environmental legislation, and effective public participation and access to justice. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(22)

Time-frames for the various steps of the environmental assessment of projects should be introduced, in order to stimulate more efficient decision-making and increase legal certainty, also taking into account the nature, complexity, location and size of the proposed project. Such time-frames should under no circumstances compromise the high standards for the protection of the environment, particularly those resulting from other Union environmental legislation, and effective public participation and access to justice.

| (22) | Reasonable and predictable
  time-frames for the various steps of the environmental assessment of projects should be introduced, in order to stimulate more efficient decision-making and increase legal certainty, also taking into account the nature, complexity, location and size of the proposed project. Such time-frames should under no circumstances compromise the high standards for the protection of the environment, particularly those resulting from other Union environmental legislation, and effective public participation and access to justice
  , and any extensions should be granted only in exceptional cases
  . |
| --- | --- |

(22)

Reasonable and predictable
  time-frames for the various steps of the environmental assessment of projects should be introduced, in order to stimulate more efficient decision-making and increase legal certainty, also taking into account the nature, complexity, location and size of the proposed project. Such time-frames should under no circumstances compromise the high standards for the protection of the environment, particularly those resulting from other Union environmental legislation, and effective public participation and access to justice
  , and any extensions should be granted only in exceptional cases
  .

Reasonable and predictable

, and any extensions should be granted only in exceptional cases

Amendment 30

Amendment 30

Proposal for a directive

Proposal for a directive

Recital 22 a (new)

Recital 22 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (22a) | One of the objectives of the UN Economic Commission for Europe (UNECE) Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (Århus Convention), which the Union has ratified and transposed into Union law

   (4)

  , is to ensure the right of the public to participate in decision-making in environmental matters. Therefore, that participation, including participation by associations, organisations and groups, in particular non-governmental organisations promoting environmental protection, should continue to be fostered. Moreover, Article 9(2) and (4) of the Århus Convention provides for access to judicial or other procedures for challenging the substantive or procedural legality of decisions, acts or omissions involving public participation. Elements of this Directive should also be strengthened in cross-border transport projects, making use of existing structures for the development of transport corridors and of tools to identify the potential impact on the environment. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(22a)

(22a)

One of the objectives of the UN Economic Commission for Europe (UNECE) Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (Århus Convention), which the Union has ratified and transposed into Union law

   (4)

  , is to ensure the right of the public to participate in decision-making in environmental matters. Therefore, that participation, including participation by associations, organisations and groups, in particular non-governmental organisations promoting environmental protection, should continue to be fostered. Moreover, Article 9(2) and (4) of the Århus Convention provides for access to judicial or other procedures for challenging the substantive or procedural legality of decisions, acts or omissions involving public participation. Elements of this Directive should also be strengthened in cross-border transport projects, making use of existing structures for the development of transport corridors and of tools to identify the potential impact on the environment.

One of the objectives of the UN Economic Commission for Europe (UNECE) Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (Århus Convention), which the Union has ratified and transposed into Union law

4

, is to ensure the right of the public to participate in decision-making in environmental matters. Therefore, that participation, including participation by associations, organisations and groups, in particular non-governmental organisations promoting environmental protection, should continue to be fostered. Moreover, Article 9(2) and (4) of the Århus Convention provides for access to judicial or other procedures for challenging the substantive or procedural legality of decisions, acts or omissions involving public participation. Elements of this Directive should also be strengthened in cross-border transport projects, making use of existing structures for the development of transport corridors and of tools to identify the potential impact on the environment.

Amendment 31

Amendment 31

Proposal for a directive

Proposal for a directive

Recital 23 a (new)

Recital 23 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (23a) | The production thresholds laid down for crude oil and natural gas in Annex I to Directive 2011/92/EU do not take into account the specificity of daily production levels of non-conventional hydrocarbons, which are often highly variable and lower. Accordingly, despite their environmental impact, projects concerning such hydrocarbons are not subject to compulsory environmental impact assessment. In accordance with the precautionary principle, as called for by the European Parliament resolution of 21 November 2012 on the environmental impacts of shale gas and shale oil extraction activities, it would be appropriate to include non-conventional hydrocarbons (shale gas and oil, 'tight gas, ‘coal bed methane’), defined according to their geological characteristics, in Annex I to Directive 2011/92/EU, regardless of the amount extracted, so that projects concerning such hydrocarbons are systematically made subject to environmental impact assessment. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(23a)

(23a)

The production thresholds laid down for crude oil and natural gas in Annex I to Directive 2011/92/EU do not take into account the specificity of daily production levels of non-conventional hydrocarbons, which are often highly variable and lower. Accordingly, despite their environmental impact, projects concerning such hydrocarbons are not subject to compulsory environmental impact assessment. In accordance with the precautionary principle, as called for by the European Parliament resolution of 21 November 2012 on the environmental impacts of shale gas and shale oil extraction activities, it would be appropriate to include non-conventional hydrocarbons (shale gas and oil, 'tight gas, ‘coal bed methane’), defined according to their geological characteristics, in Annex I to Directive 2011/92/EU, regardless of the amount extracted, so that projects concerning such hydrocarbons are systematically made subject to environmental impact assessment.

The production thresholds laid down for crude oil and natural gas in Annex I to Directive 2011/92/EU do not take into account the specificity of daily production levels of non-conventional hydrocarbons, which are often highly variable and lower. Accordingly, despite their environmental impact, projects concerning such hydrocarbons are not subject to compulsory environmental impact assessment. In accordance with the precautionary principle, as called for by the European Parliament resolution of 21 November 2012 on the environmental impacts of shale gas and shale oil extraction activities, it would be appropriate to include non-conventional hydrocarbons (shale gas and oil, 'tight gas, ‘coal bed methane’), defined according to their geological characteristics, in Annex I to Directive 2011/92/EU, regardless of the amount extracted, so that projects concerning such hydrocarbons are systematically made subject to environmental impact assessment.

Amendment 32

Amendment 32

Proposal for a directive

Proposal for a directive

Recital 24 a (new)

Recital 24 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (24a) | Member States and other project promoters should ensure that assessments of cross border projects are carried out efficiently, avoiding unnecessary delays. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(24a)

(24a)

Member States and other project promoters should ensure that assessments of cross border projects are carried out efficiently, avoiding unnecessary delays.

Member States and other project promoters should ensure that assessments of cross border projects are carried out efficiently, avoiding unnecessary delays.

Amendment 33

Amendment 33

Proposal for a directive

Proposal for a directive

Recital 26

Recital 26

| Text proposed by the Commission | Amendment |
| --- | --- |
| (26) | In order to adjust the selection criteria and the information to be provided in the environmental report to the latest developments in technology and relevant practices, the power to adopt acts, in accordance with Article 290 of the Treaty on the Functioning of the European Union, should be delegated to the Commission in respect of Annexes II.A, III and IV of Directive 2011/92/EU. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(26)

In order to adjust the selection criteria and the information to be provided in the environmental report to the latest developments in technology and relevant practices, the power to adopt acts, in accordance with Article 290 of the Treaty on the Functioning of the European Union, should be delegated to the Commission in respect of Annexes II.A, III and IV of Directive 2011/92/EU. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level.

| (26) | In order to adjust the selection criteria and the information to be provided in the environmental report to the latest developments in technology and relevant practices, the power to adopt acts, in accordance with Article 290 of the Treaty on the Functioning of the European Union, should be delegated to the Commission in respect of Annexes II.A, III and IV of Directive 2011/92/EU. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level.
  The Commission, when preparing and drawing up delegated acts, should ensure the simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council. |
| --- | --- |

(26)

In order to adjust the selection criteria and the information to be provided in the environmental report to the latest developments in technology and relevant practices, the power to adopt acts, in accordance with Article 290 of the Treaty on the Functioning of the European Union, should be delegated to the Commission in respect of Annexes II.A, III and IV of Directive 2011/92/EU. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level.
  The Commission, when preparing and drawing up delegated acts, should ensure the simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council.

The Commission, when preparing and drawing up delegated acts, should ensure the simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council.

Amendment 34

Amendment 34

Proposal for a directive

Proposal for a directive

Recital 27

Recital 27

| Text proposed by the Commission | Amendment |
| --- | --- |
| (27) | The Commission, when preparing and drawing up delegated acts, should ensure the simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(27)

(27)

The Commission, when preparing and drawing up delegated acts, should ensure the simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council.

The Commission, when preparing and drawing up delegated acts, should ensure the simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council.

deleted

deleted

Amendment 36

Amendment 36

Proposal for a directive

Proposal for a directive

Article 1 — point 1 — point a a (new)

Article 1 — point 1 — point a a (new)

Directive 2011/92/EU

Article 1 — paragraph 2 — point a — indent 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (aa) | in point (a) of paragraph 2, the second indent is replaced by the following:










  ‘— | other interventions in the natural surroundings and landscape including those involving the research and extraction of mineral resources;’ |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(aa)

(aa)

in point (a) of paragraph 2, the second indent is replaced by the following:

in point (a) of paragraph 2, the second indent is replaced by the following:

‘—

‘—

other interventions in the natural surroundings and landscape including those involving the research and extraction of mineral resources;’

other interventions in the natural surroundings and landscape including those involving the research and extraction of mineral resources;’

Amendment 37

Amendment 37

Proposal for a directive

Proposal for a directive

Article 1 — point 1 — point a b (new)

Article 1 — point 1 — point a b (new)

Directive 2011/92/EU

Article 1 — paragraph 2 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ab) | point (c) of paragraph 2 is replaced by the following:










  ‘(c) | “development consent” means the decision of the competent authority or authorities which entitles the developer to start the project;’ |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ab)

(ab)

point (c) of paragraph 2 is replaced by the following:

point (c) of paragraph 2 is replaced by the following:

‘(c)

‘(c)

“development consent” means the decision of the competent authority or authorities which entitles the developer to start the project;’

“development consent” means the decision of the competent authority or authorities which entitles the developer to start the project;’

Amendment 38

Amendment 38

Proposal for a directive

Proposal for a directive

Article 1 — point 1 — point b

Article 1 — point 1 — point b

Directive 2011/92/EU

Article 1 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | in paragraph 2, the following
  definition is
  added: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(b)

in paragraph 2, the following
  definition is
  added:

definition is

| (b) | in paragraph 2, the following
  definitions are
  added: |
| --- | --- |

(b)

in paragraph 2, the following
  definitions are
  added:

definitions are

Amendment 39

Amendment 39

Proposal for a directive

Proposal for a directive

Article 1 — point 1 — point b

Article 1 — point 1 — point b

Directive 2011/92/EU

Article 1 — paragraph 2 — point g

| Text proposed by the Commission | Amendment |
| --- | --- |
| (g) | ‘environmental impact assessment’ shall mean the process of preparing an environmental report, carrying out consultations (including with the public concerned and the environmental authorities), the assessment by the competent authority, taking into account the environmental report and the results of the consultations in the development consent procedure as well as the provision of information on the decision in accordance with Articles 5 to 10. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(g)

‘environmental impact assessment’ shall mean the process of preparing an environmental report, carrying out consultations (including with the public concerned and the environmental authorities), the assessment by the competent authority, taking into account the environmental report and the results of the consultations in the development consent procedure as well as the provision of information on the decision in accordance with Articles 5 to 10.

| (g) | ‘environmental impact assessment’ shall mean the process of preparing an environmental report
  by the developer,
  carrying out
  the
  consultations (including with the public concerned and the environmental authorities), the assessment by the competent authority
  and/or by the authorities referred to in Article 6(1)
  , taking into account the environmental report
  , including data concerning pollution from emissions,
  and the results of the consultations in the development consent procedure as well as the provision of information on the decision in accordance with Articles 5 to 10; |
| --- | --- |

(g)

‘environmental impact assessment’ shall mean the process of preparing an environmental report
  by the developer,
  carrying out
  the
  consultations (including with the public concerned and the environmental authorities), the assessment by the competent authority
  and/or by the authorities referred to in Article 6(1)
  , taking into account the environmental report
  , including data concerning pollution from emissions,
  and the results of the consultations in the development consent procedure as well as the provision of information on the decision in accordance with Articles 5 to 10;

by the developer,

the

and/or by the authorities referred to in Article 6(1)

, including data concerning pollution from emissions,

Amendment 41

Amendment 41

Proposal for a directive

Proposal for a directive

Article 1 — point 1 — point b

Article 1 — point 1 — point b

Directive 2011/92/EU

Article 1 — paragraph 2 — point g b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (gb) | ‘cross-border section’ means the section which ensures the continuity of a project of common interest between the nearest urban nodes on both sides of the border of two Member States or between a Member State and a neighbouring country; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(gb)

(gb)

‘cross-border section’ means the section which ensures the continuity of a project of common interest between the nearest urban nodes on both sides of the border of two Member States or between a Member State and a neighbouring country;

‘cross-border section’ means the section which ensures the continuity of a project of common interest between the nearest urban nodes on both sides of the border of two Member States or between a Member State and a neighbouring country;

Amendment 42

Amendment 42

Proposal for a directive

Proposal for a directive

Article 1 — point 1 — point b

Article 1 — point 1 — point b

Directive 2011/92/EU

Article 1 — paragraph 2 — point g c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (gc) | ‘standard’ means a technical specification, adopted by a recognised standardisation body, for repeated or continuous application, with which compliance is not compulsory, and which is one of the following:










  (i) | ‘international standard’ means a standard adopted by an international standardisation body; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(gc)

(gc)

‘standard’ means a technical specification, adopted by a recognised standardisation body, for repeated or continuous application, with which compliance is not compulsory, and which is one of the following:

‘standard’ means a technical specification, adopted by a recognised standardisation body, for repeated or continuous application, with which compliance is not compulsory, and which is one of the following:

(i)

(i)

‘international standard’ means a standard adopted by an international standardisation body;

‘international standard’ means a standard adopted by an international standardisation body;

| (ii) | ‘European standard’ means a standard adopted by a European standardisation organisation; |
| --- | --- |

(ii)

(ii)

‘European standard’ means a standard adopted by a European standardisation organisation;

‘European standard’ means a standard adopted by a European standardisation organisation;

| (iii) | ‘harmonised standard’ means a European standard adopted on the basis of a request made by the Commission for the application of Union harmonisation legislation; |
| --- | --- |

(iii)

(iii)

‘harmonised standard’ means a European standard adopted on the basis of a request made by the Commission for the application of Union harmonisation legislation;

‘harmonised standard’ means a European standard adopted on the basis of a request made by the Commission for the application of Union harmonisation legislation;

| (iv) | ‘national standard’ means a standard adopted by a national standardisation body; |
| --- | --- |

(iv)

(iv)

‘national standard’ means a standard adopted by a national standardisation body;

‘national standard’ means a standard adopted by a national standardisation body;

Amendment 43

Amendment 43

Proposal for a directive

Proposal for a directive

Article 1 — point 1 — point b

Article 1 — point 1 — point b

Directive 2011/92/EU

Article 1 — paragraph 2 — point g d (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (gd) | ‘Urban historical sites’ are part of a wider totality, comprising the natural and the built environment and the everyday living experience of their dwellers as well. Within this wider environment, enriched with values of remote or recent origin and permanently undergoing a dynamic process of successive transformations, new urban spaces may be considered as environmental evidence in their formative stages; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(gd)

(gd)

‘Urban historical sites’ are part of a wider totality, comprising the natural and the built environment and the everyday living experience of their dwellers as well. Within this wider environment, enriched with values of remote or recent origin and permanently undergoing a dynamic process of successive transformations, new urban spaces may be considered as environmental evidence in their formative stages;

‘Urban historical sites’ are part of a wider totality, comprising the natural and the built environment and the everyday living experience of their dwellers as well. Within this wider environment, enriched with values of remote or recent origin and permanently undergoing a dynamic process of successive transformations, new urban spaces may be considered as environmental evidence in their formative stages;

Amendment 44

Amendment 44

Proposal for a directive

Proposal for a directive

Article 1 — point 1 — point b

Article 1 — point 1 — point b

Directive 2011/92/EU

Article 1 — paragraph 2 — point g e (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ge) | ‘corrective action’ means further mitigation and/or compensation measures that may be undertaken by the developer to redress unforeseen adverse effects or any net biodiversity loss identified by project implementation, such as may arise from deficiencies in mitigation of impacts arising from project construction or operation, for which development consent has already been granted; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ge)

(ge)

‘corrective action’ means further mitigation and/or compensation measures that may be undertaken by the developer to redress unforeseen adverse effects or any net biodiversity loss identified by project implementation, such as may arise from deficiencies in mitigation of impacts arising from project construction or operation, for which development consent has already been granted;

‘corrective action’ means further mitigation and/or compensation measures that may be undertaken by the developer to redress unforeseen adverse effects or any net biodiversity loss identified by project implementation, such as may arise from deficiencies in mitigation of impacts arising from project construction or operation, for which development consent has already been granted;

Amendment 45

Amendment 45

Proposal for a directive

Proposal for a directive

Article 1 — point 1 — point b

Article 1 — point 1 — point b

Directive 2011/92/EU

Article 1 — paragraph 2 — point g f (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (gf) | ‘Visual Impact Assessment’: Visual impact is defined as a change in the appearance, or view, of the built or natural landscape and urban areas resulting from the development which can be positive (improvement) or negative (deterioration). 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 obvious change to 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, involving human appreciation of, and interaction with, landscape and the value they give to a place (genius loci); |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(gf)

(gf)

‘Visual Impact Assessment’: Visual impact is defined as a change in the appearance, or view, of the built or natural landscape and urban areas resulting from the development which can be positive (improvement) or negative (deterioration). 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 obvious change to 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, involving human appreciation of, and interaction with, landscape and the value they give to a place (genius loci);

‘Visual Impact Assessment’: Visual impact is defined as a change in the appearance, or view, of the built or natural landscape and urban areas resulting from the development which can be positive (improvement) or negative (deterioration). 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 obvious change to 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, involving human appreciation of, and interaction with, landscape and the value they give to a place (genius loci);

Amendment 46

Amendment 46

Proposal for a directive

Proposal for a directive

Article 1 — point 1 — point b

Article 1 — point 1 — point b

Directive 2011/92/EU

Article 1 — paragraph 2 — point g g (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (gg) | ‘Joint Procedure’: 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 Union legislation; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(gg)

(gg)

‘Joint Procedure’: 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 Union legislation;

‘Joint Procedure’: 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 Union legislation;

Amendment 47

Amendment 47

Proposal for a directive

Proposal for a directive

Article 1 — point 1 — point b

Article 1 — point 1 — point b

Directive 2011/92/EU

Article 1 — paragraph 2 — point g h (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (gh) | ‘Simplification’ means the reduction of forms and administrative procedures, the creation of joint procedures or coordination tools to integrate the assessments made by many authorities. It means to establish shared criteria, to make the submission of reports shorter and to strengthen objective and scientific evaluations. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(gh)

(gh)

‘Simplification’ means the reduction of forms and administrative procedures, the creation of joint procedures or coordination tools to integrate the assessments made by many authorities. It means to establish shared criteria, to make the submission of reports shorter and to strengthen objective and scientific evaluations.

‘Simplification’ means the reduction of forms and administrative procedures, the creation of joint procedures or coordination tools to integrate the assessments made by many authorities. It means to establish shared criteria, to make the submission of reports shorter and to strengthen objective and scientific evaluations.

Amendment 48

Amendment 48

Proposal for a directive

Proposal for a directive

Article 1 — point 1 — point c

Article 1 — point 1 — point c

Directive 2011/92/EU

Article 1 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | paragraphs
  3
  and 4 are
  replaced by the following: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(c)

paragraphs
  3
  and 4 are
  replaced by the following:

paragraphs

and 4 are

| (c) | paragraph
  3
  is
  replaced by the following: |
| --- | --- |

(c)

paragraph
  3
  is
  replaced by the following:

paragraph

is

| | 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. |
| --- | --- |

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.

or the response to civil emergencies

| | 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, if they deem that such application would have an adverse effect on those purposes. |
| --- | --- |

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, if they deem that such application would have an adverse effect on those purposes.

Amendment 49

Amendment 49

Proposal for a directive

Proposal for a directive

Article 1 — point 1 — point c

Article 1 — point 1 — point c

Directive 2011/92/EU

Article 1 — paragraph 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| 4.
     
  This Directive shall not apply to projects the details of which are adopted by a specific act of national legislation, provided that the objectives of this Directive, including that of supplying information, are achieved through the legislative process. Every two years from the date specified in Article 2(1) of Directive XXX [OPOCE please introduce the no of this Directive], Member States shall inform the Commission of any application which they have made of this provision. | deleted |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4.
     
  This Directive shall not apply to projects the details of which are adopted by a specific act of national legislation, provided that the objectives of this Directive, including that of supplying information, are achieved through the legislative process. Every two years from the date specified in Article 2(1) of Directive XXX [OPOCE please introduce the no of this Directive], Member States shall inform the Commission of any application which they have made of this provision.

4.

This Directive shall not apply to projects the details of which are adopted by a specific act of national legislation, provided that the objectives of this Directive, including that of supplying information, are achieved through the legislative process. Every two years from the date specified in Article 2(1) of Directive XXX [OPOCE please introduce the no

deleted

deleted

Amendment 50

Amendment 50

Proposal for a directive

Proposal for a directive

Article 1 — point 1 — point c a (new)

Article 1 — point 1 — point c a (new)

Directive 2011/92/EU

Article 1 — paragraph 4 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ca) | the following paragraph is added:




  ‘4a.
     
  Member States shall designate the competent authority or authorities in such a way as to ensure their full independence in the performance of the duties assigned to them under this Directive. In particular, the competent authority or authorities shall be designated in such a way as to avoid any relationship of dependence, any links or subordination between them or their members and the developer. A competent authority may not perform its duties under this Directive in relation to a project which it has commissioned itself.’. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ca)

(ca)

the following paragraph is added:

the following paragraph is added:

‘4a.
     
  Member States shall designate the competent authority or authorities in such a way as to ensure their full independence in the performance of the duties assigned to them under this Directive. In particular, the competent authority or authorities shall be designated in such a way as to avoid any relationship of dependence, any links or subordination between them or their members and the developer. A competent authority may not perform its duties under this Directive in relation to a project which it has commissioned itself.’.

‘4a.

Member States shall designate the competent authority or authorities in such a way as to ensure their full independence in the performance of the duties assigned to them under this Directive. In particular, the competent authority or authorities shall be designated in such a way as to avoid any relationship of dependence, any links or subordination between them or their members and the developer. A competent authority may not perform its duties under this Directive in relation to a project which it has commissioned itself.’.

Amendment 51

Amendment 51

Proposal for a directive

Proposal for a directive

Article 1 — point 1 a (new)

Article 1 — point 1 a (new)

Directive 2011/92/EU

Article 2 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (1a) | In Article 2, paragraph 1 is replaced by the following:



  ‘1.
     
  Member States shall adopt all measures necessary to ensure that, before 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 after having consulted the public. Measures to monitor significant adverse environmental effects and mitigation and compensation measures shall be taken, if appropriate, by the competent authority when development consent is given. Those projects are defined in Article 4.’. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(1a)

(1a)

In Article 2, paragraph 1 is replaced by the following:

‘1.
     
  Member States shall adopt all measures necessary to ensure that, before 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 after having consulted the public. Measures to monitor significant adverse environmental effects and mitigation and compensation measures shall be taken, if appropriate, by the competent authority when development consent is given. Those projects are defined in Article 4.’.

‘1.

Member States shall adopt all measures necessary to ensure that, before 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 after having consulted the public. Measures to monitor significant adverse environmental effects and mitigation and compensation measures shall be taken, if appropriate, by the competent authority when development consent is given. Those projects are defined in Article 4.’.

Amendment 52

Amendment 52

Proposal for a directive

Proposal for a directive

Article 1 — point 2

Article 1 — point 2

Directive 2011/92/EU

Article 2 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   Projects for which the obligation to carry out assessments of the effects on the environment arises simultaneously from this Directive and other Union legislation shall be subject to coordinated or joint procedures fulfilling the requirements of the relevant Union legislation. | 3.   Projects for which the obligation to carry out assessments of the effects on the environment arises simultaneously from this Directive and other Union legislation shall be subject to coordinated or joint procedures fulfilling the requirements of the relevant Union legislation
  , except in cases where the Member States deem that the application of those procedures would be disproportionate
  . |
| Under
  the coordinated procedure, the competent authority shall coordinate the various individual assessments required by the Union legislation concerned and issued by
  several
  authorities, without prejudice to
  any provisions to the contrary contained in
  other relevant Union legislation. | For projects subject to
  the coordinated procedure, the competent authority shall coordinate the various individual assessments required by the Union legislation concerned and issued by
  the various
  authorities, without prejudice to other relevant Union legislation. |
| Under
  the joint procedure, the competent authority shall issue one environmental impact assessment, integrating the assessments of one or more authorities, without prejudice to
  any provisions to the contrary contained in
  other relevant Union legislation. | For projects subject to
  the joint procedure, the competent authority shall issue one environmental impact assessment, integrating the assessments of one or more authorities, without prejudice to other relevant Union legislation. |
| Member States
  shall
  appoint one authority
  , which shall be
  responsible for facilitating the development consent procedure for each project. | Member States
  may
  appoint one authority responsible for facilitating the development consent procedure for each project. |
| | At the request of a Member State, the Commission shall provide the necessary assistance in order to define and implement the coordinated or joint procedures pursuant to this Article. |
| | In all environmental impact assessments the developer shall demonstrate in the environmental report that they have had regard to any other Union legislation relevant to the proposed development for which individual assessments of environmental impact are required. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.   Projects for which the obligation to carry out assessments of the effects on the environment arises simultaneously from this Directive and other Union legislation shall be subject to coordinated or joint procedures fulfilling the requirements of the relevant Union legislation.

3.   Projects for which the obligation to carry out assessments of the effects on the environment arises simultaneously from this Directive and other Union legislation shall be subject to coordinated or joint procedures fulfilling the requirements of the relevant Union legislation
  , except in cases where the Member States deem that the application of those procedures would be disproportionate
  .

, except in cases where the Member States deem that the application of those procedures would be disproportionate

Under
  the coordinated procedure, the competent authority shall coordinate the various individual assessments required by the Union legislation concerned and issued by
  several
  authorities, without prejudice to
  any provisions to the contrary contained in
  other relevant Union legislation.

Under

several

any provisions to the contrary contained in

For projects subject to
  the coordinated procedure, the competent authority shall coordinate the various individual assessments required by the Union legislation concerned and issued by
  the various
  authorities, without prejudice to other relevant Union legislation.

For projects subject to

the various

Under
  the joint procedure, the competent authority shall issue one environmental impact assessment, integrating the assessments of one or more authorities, without prejudice to
  any provisions to the contrary contained in
  other relevant Union legislation.

Under

any provisions to the contrary contained in

For projects subject to
  the joint procedure, the competent authority shall issue one environmental impact assessment, integrating the assessments of one or more authorities, without prejudice to other relevant Union legislation.

For projects subject to

Member States
  shall
  appoint one authority
  , which shall be
  responsible for facilitating the development consent procedure for each project.

shall

, which shall be

Member States
  may
  appoint one authority responsible for facilitating the development consent procedure for each project.

may

At the request of a Member State, the Commission shall provide the necessary assistance in order to define and implement the coordinated or joint procedures pursuant to this Article.

At the request of a Member State, the Commission shall provide the necessary assistance in order to define and implement the coordinated or joint procedures pursuant to this Article.

In all environmental impact assessments the developer shall demonstrate in the environmental report that they have had regard to any other Union legislation relevant to the proposed development for which individual assessments of environmental impact are required.

In all environmental impact assessments the developer shall demonstrate in the environmental report that they have had regard to any other Union legislation relevant to the proposed development for which individual assessments of environmental impact are required.

Amendment 53

Amendment 53

Proposal for a directive

Proposal for a directive

Article 1 — point 2 a (new)

Article 1 — point 2 a (new)

Directive 2011/92/EU

Article 2 — paragraph 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (2a) | In Article 2, paragraph 4 is replaced by the following:



  ‘4.
     
  Without prejudice to Article 7, Member States may, in exceptional cases if so provided under national law, exempt a specific project having as its sole purpose the response to civil emergencies in whole or in part from the provisions laid down in this Directive, if such application would have an adverse effect on these purposes.




  In that event, the Member States may inform and consult the public concerned and shall:










  (a) | consider whether another form of assessment would be appropriate; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(2a)

(2a)

In Article 2, paragraph 4 is replaced by the following:

‘4.
     
  Without prejudice to Article 7, Member States may, in exceptional cases if so provided under national law, exempt a specific project having as its sole purpose the response to civil emergencies in whole or in part from the provisions laid down in this Directive, if such application would have an adverse effect on these purposes.

‘4.

Without prejudice to Article 7, Member States may, in exceptional cases if so provided under national law, exempt a specific project having as its sole purpose the response to civil emergencies in whole or in part from the provisions laid down in this Directive, if such application would have an adverse effect on these purposes.

In that event, the Member States may inform and consult the public concerned and shall:

In that event, the Member States may inform and consult the public concerned and shall:

(a)

(a)

consider whether another form of assessment would be appropriate;

consider whether another form of assessment would be appropriate;

| (b) | make available to the public concerned the information obtained under other forms of assessment referred to in point (a), the information relating to the decision granting exemption and the reasons for granting it; |
| --- | --- |

(b)

(b)

make available to the public concerned the information obtained under other forms of assessment referred to in point (a), the information relating to the decision granting exemption and the reasons for granting it;

make available to the public concerned the information obtained under other forms of assessment referred to in point (a), the information relating to the decision granting exemption and the reasons for granting it;

| (c) | inform the Commission, prior to granting consent, of the reasons justifying the exemption granted, and provide it with the information made available, where applicable, to their own nationals. |
| --- | --- |

(c)

(c)

inform the Commission, prior to granting consent, of the reasons justifying the exemption granted, and provide it with the information made available, where applicable, to their own nationals.

inform the Commission, prior to granting consent, of the reasons justifying the exemption granted, and provide it with the information made available, where applicable, to their own nationals.

The Commission shall immediately forward the documents received to the other Member States.

The Commission shall immediately forward the documents received to the other Member States.

The Commission shall report annually to the European Parliament and to the Council on the application of this paragraph.’.

The Commission shall report annually to the European Parliament and to the Council on the application of this paragraph.’.

Amendment 54

Amendment 54

Proposal for a directive

Proposal for a directive

Article 1 — point 3

Article 1 — point 3

Directive 2011/92/EU

Article 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 3 | Article 3 |
| The environmental impact assessment shall identify, describe and assess in an appropriate manner, in the light of each individual case and in accordance with Articles 4 to 11, the direct and indirect significant effects of a project on the following factors: | The environmental impact assessment shall identify, describe and assess in an appropriate manner, in the light of each individual case and in accordance with Articles 4 to 11, the direct and indirect significant effects of a project on the following factors: |
| (a) | population, human health, and biodiversity, with particular attention to species and habitats protected under
  Council Directive
  92/43/EEC
  and Directive
  2009/147/EC
  of the European Parliament and of the Council
  ; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 3

Article 3

The environmental impact assessment shall identify, describe and assess in an appropriate manner, in the light of each individual case and in accordance with Articles 4 to 11, the direct and indirect significant effects of a project on the following factors:

The environmental impact assessment shall identify, describe and assess in an appropriate manner, in the light of each individual case and in accordance with Articles 4 to 11, the direct and indirect significant effects of a project on the following factors:

(a)

population, human health, and biodiversity, with particular attention to species and habitats protected under
  Council Directive
  92/43/EEC
  and Directive
  2009/147/EC
  of the European Parliament and of the Council
  ;

Council Directive

and Directive

of the European Parliament and of the Council

| (a) | population, human health, and biodiversity
  including flora and fauna
  , with particular attention to species and habitats protected under
  Directives
  92/43/EEC
  , 2000/60/EC
  and 2009/147/EC; |
| --- | --- |

(a)

population, human health, and biodiversity
  including flora and fauna
  , with particular attention to species and habitats protected under
  Directives
  92/43/EEC
  , 2000/60/EC
  and 2009/147/EC;

including flora and fauna

Directives

, 2000/60/EC

| (b) | land, soil, water, air and climate
  change
  ; |
| --- | --- |

(b)

land, soil, water, air and climate
  change
  ;

change

| (b) | land, soil, water, air and climate; |
| --- | --- |

(b)

land, soil, water, air and climate;

| (c) | material assets, cultural heritage and the landscape; |
| --- | --- |

(c)

material assets, cultural heritage and the landscape;

| (c) | material assets, cultural heritage and the landscape; |
| --- | --- |

(c)

material assets, cultural heritage and the landscape;

| (d) | the interaction between the factors referred to in points (a), (b) and (c); |
| --- | --- |

(d)

the interaction between the factors referred to in points (a), (b) and (c);

| (d) | the interaction between the factors referred to in points (a), (b) and (c); |
| --- | --- |

(d)

the interaction between the factors referred to in points (a), (b) and (c);

| (e) | exposure, vulnerability and resilience of the factors referred to in points (a), (b) and (c), to natural and man-made disaster risks. |
| --- | --- |

(e)

exposure, vulnerability and resilience of the factors referred to in points (a), (b) and (c), to natural and man-made disaster risks.

| (e) | exposure, vulnerability and resilience of the factors referred to in points (a), (b) and (c), to
  likely
  natural and man-made disaster risks. |
| --- | --- |

(e)

exposure, vulnerability and resilience of the factors referred to in points (a), (b) and (c), to
  likely
  natural and man-made disaster risks.

likely

Amendments 55 and 127/REV

Amendments 55 and 127/REV

Proposal for a directive

Proposal for a directive

Article 1 — point 4

Article 1 — point 4

Directive 2011/92/EU

Article 4 — paragraphs 3, 4, 5 and 6

| Text proposed by the Commission | Amendment |
| --- | --- |
| (4) | Article 4 is amended as follows: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(4)

Article 4 is amended as follows:

| (4) | Article 4 is amended as follows: |
| --- | --- |

(4)

Article 4 is amended as follows:

| | (a) | paragraphs 3 and 4 are replaced by the following: |
| --- | --- | --- |

(a)

paragraphs 3 and 4 are replaced by the following:

| | (a) | paragraphs 3 and 4 are replaced by the following: |
| --- | --- | --- |

(a)

paragraphs 3 and 4 are replaced by the following:

| | | ‘3.   For projects listed in Annex II, the developer shall provide information on the characteristics of the project, its potential impact on the environment and the measures envisaged in order to avoid and reduce significant effects. The detailed list of information to be provided is specified in Annex II.A. |
| --- | --- | --- |

‘3.   For projects listed in Annex II, the developer shall provide information on the characteristics of the project, its potential impact on the environment and the measures envisaged in order to avoid and reduce significant effects. The detailed list of information to be provided is specified in Annex II.A.

| | | ‘3.   For projects listed in Annex II,
  and when it is considered of relevance by the Member State,
  the developer shall provide
  summary
  information on the characteristics of the project, its potential impact on the environment and the measures envisaged in order to avoid and reduce significant effects. The detailed list of information to be provided is specified in Annex II.A
  . The amount of information to be provided by the developer shall be kept to a minimum and limited to the key aspects that allow the competent authority to make its decision pursuant to paragraph 2. |
| --- | --- | --- |

‘3.   For projects listed in Annex II,
  and when it is considered of relevance by the Member State,
  the developer shall provide
  summary
  information on the characteristics of the project, its potential impact on the environment and the measures envisaged in order to avoid and reduce significant effects. The detailed list of information to be provided is specified in Annex II.A
  . The amount of information to be provided by the developer shall be kept to a minimum and limited to the key aspects that allow the competent authority to make its decision pursuant to paragraph 2.

and when it is considered of relevance by the Member State,

summary

. The amount of information to be provided by the developer shall be kept to a minimum and limited to the key aspects that allow the competent authority to make its decision pursuant to paragraph 2.

| | | 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 detailed list of selection criteria
  to be used
  is specified in Annex III.’ |
| --- | --- | --- |

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 detailed list of selection criteria
  to be used
  is specified in Annex III.’

to be used

| | | 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
  the relevant
  selection criteria related to the characteristics and location of the project and its potential impact on the environment. The detailed list of selection criteria is specified in Annex III.’ |
| --- | --- | --- |

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
  the relevant
  selection criteria related to the characteristics and location of the project and its potential impact on the environment. The detailed list of selection criteria is specified in Annex III.’

the relevant

| | (b) | The following paragraphs 5 and 6 are added: |
| --- | --- | --- |

(b)

The following paragraphs 5 and 6 are added:

| | (b) | The following paragraphs 5 and 6 are added: |
| --- | --- | --- |

(b)

The following paragraphs 5 and 6 are added:

| | | ‘5.   The competent authority shall make its decision pursuant to paragraph 2, on the basis of the information provided by the developer and taking into account, where relevant, the results of studies, preliminary verifications or assessments of the effects on the environment arising from other Union legislation. The decision pursuant to paragraph 2 shall: |
| --- | --- | --- |

‘5.   The competent authority shall make its decision pursuant to paragraph 2, on the basis of the information provided by the developer and taking into account, where relevant, the results of studies, preliminary verifications or assessments of the effects on the environment arising from other Union legislation. The decision pursuant to paragraph 2 shall:

| | | ‘5.   The competent authority shall make its decision pursuant to paragraph 2, on the basis of the information provided by the developer
  pursuant to paragraph 3
  and taking into account, where relevant,
  the comments made by the public and the local authorities concerned
  , the results of studies, preliminary verifications or assessments of the effects on the environment arising from other Union legislation. The decision pursuant to paragraph 2 shall: |
| --- | --- | --- |

‘5.   The competent authority shall make its decision pursuant to paragraph 2, on the basis of the information provided by the developer
  pursuant to paragraph 3
  and taking into account, where relevant,
  the comments made by the public and the local authorities concerned
  , the results of studies, preliminary verifications or assessments of the effects on the environment arising from other Union legislation. The decision pursuant to paragraph 2 shall:

pursuant to paragraph 3

the comments made by the public and the local authorities concerned

| | | (a) | state how the criteria in Annex III have been taken into account; |
| --- | --- | --- | --- |

(a)

(a)

state how the criteria in Annex III have been taken into account;

state how the criteria in Annex III have been taken into account;

| | | (b) | include the reasons for requiring or not requiring an environmental impact assessment pursuant to Articles 5 to 10; |
| --- | --- | --- | --- |

(b)

include the reasons for requiring or not requiring an environmental impact assessment pursuant to Articles 5 to 10;

| | | (b) | include the reasons for requiring or not requiring an environmental impact assessment pursuant to Articles 5 to 10
  , in particular with reference to the relevant criteria listed in Annex III
  ; |
| --- | --- | --- | --- |

(b)

include the reasons for requiring or not requiring an environmental impact assessment pursuant to Articles 5 to 10
  , in particular with reference to the relevant criteria listed in Annex III
  ;

, in particular with reference to the relevant criteria listed in Annex III

| | | (c) | include a description of the measures envisaged to avoid, prevent and reduce any significant effects on the environment, where it is decided that no environmental impact assessment needs to be carried out pursuant to Articles 5 to 10; |
| --- | --- | --- | --- |

(c)

include a description of the measures envisaged to avoid, prevent and reduce any significant effects on the environment, where it is decided that no environmental impact assessment needs to be carried out pursuant to Articles 5 to 10;

| | | (c) | include a description of the measures envisaged to avoid, prevent and reduce any significant effects on the environment, where it is decided that no environmental impact assessment needs to be carried out pursuant to Articles 5 to 10; |
| --- | --- | --- | --- |

(c)

include a description of the measures envisaged to avoid, prevent and reduce any significant effects on the environment, where it is decided that no environmental impact assessment needs to be carried out pursuant to Articles 5 to 10;

| | | (d) | be made available to the public. |
| --- | --- | --- | --- |

(d)

be made available to the public.

| | | (d) | be made available to the public. |
| --- | --- | --- | --- |

(d)

be made available to the public.

| | | 6.   The competent authority shall make its decision pursuant to paragraph 2 within
  three months
  from the request for development consent and provided that the developer has submitted all the requisite information. Depending on the nature, complexity, location and size of the proposed project, the competent authority may extend that deadline by a further
  3 months
  ; in that case, the competent authority shall inform the developer of the reasons justifying the extension and of the date when its determination is expected. |
| --- | --- | --- |

6.   The competent authority shall make its decision pursuant to paragraph 2 within
  three months
  from the request for development consent and provided that the developer has submitted all the requisite information. Depending on the nature, complexity, location and size of the proposed project, the competent authority may extend that deadline by a further
  3 months
  ; in that case, the competent authority shall inform the developer of the reasons justifying the extension and of the date when its determination is expected.

three months

3 months

| | | 6.   The competent authority shall make its decision pursuant to paragraph 2 within
  a period of time established by the Member State not exceeding 90 days
  from the request for development consent and provided that the developer has submitted all the requisite information
  pursuant to paragraph 3
  . Depending on the nature, complexity, location and size of the proposed project, the competent authority may
  exceptionally
  extend that deadline
  once
  by a further
  period of time established by the Member State not exceeding 60 days
  ; in that case, the competent authority shall inform the developer
  in writing
  of the reasons justifying the extension and of the date when its determination is expected,
  making available to the public the information referred to in Article 6(2)
  . |
| --- | --- | --- |

6.   The competent authority shall make its decision pursuant to paragraph 2 within
  a period of time established by the Member State not exceeding 90 days
  from the request for development consent and provided that the developer has submitted all the requisite information
  pursuant to paragraph 3
  . Depending on the nature, complexity, location and size of the proposed project, the competent authority may
  exceptionally
  extend that deadline
  once
  by a further
  period of time established by the Member State not exceeding 60 days
  ; in that case, the competent authority shall inform the developer
  in writing
  of the reasons justifying the extension and of the date when its determination is expected,
  making available to the public the information referred to in Article 6(2)
  .

a period of time established by the Member State not exceeding 90 days

pursuant to paragraph 3

exceptionally

once

period of time established by the Member State not exceeding 60 days

in writing

making available to the public the information referred to in Article 6(2)

| | | Where the project is made subject to an environmental impact assessment in accordance with Articles 5 to 10, the decision pursuant to paragraph 2 of this Article shall include the
  information
  set out in Article 5(2).’ |
| --- | --- | --- |

Where the project is made subject to an environmental impact assessment in accordance with Articles 5 to 10, the decision pursuant to paragraph 2 of this Article shall include the
  information
  set out in Article 5(2).’

information

| | | Where the project is made subject to an environmental impact assessment in accordance with Articles 5 to 10, the decision pursuant to paragraph 2 of this Article shall include the
  opinion
  set out in Article 5(2)
  , if such an opinion was requested in accordance with that Article
  .’ |
| --- | --- | --- |

Where the project is made subject to an environmental impact assessment in accordance with Articles 5 to 10, the decision pursuant to paragraph 2 of this Article shall include the
  opinion
  set out in Article 5(2)
  , if such an opinion was requested in accordance with that Article
  .’

opinion

, if such an opinion was requested in accordance with that Article

Amendment 56

Amendment 56

Proposal for a directive

Proposal for a directive

Article 1 — point 5

Article 1 — point 5

Directive 2011/92/EU

Article 5 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 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, 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. | 1.   Where an environmental impact assessment must be carried out in accordance with Articles 5 to 10, the developer shall
  submit
  an environmental report. The environmental report shall be based on the
  opinion
  pursuant to paragraph 2 of this Article
  , if such an opinion was issued,
  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
  and
  the characteristics of the potential impact.
  The environmental report shall also include reasonable
  alternatives
  considered by the developer, which are relevant
  to the proposed project
  and its specific characteristics
  . The detailed list of information to be provided in the environmental report is specified in Annex IV.
  A non-technical summary of the information provided shall be included in the environmental report. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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, 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.

prepare

determination

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.

1.   Where an environmental impact assessment must be carried out in accordance with Articles 5 to 10, the developer shall
  submit
  an environmental report. The environmental report shall be based on the
  opinion
  pursuant to paragraph 2 of this Article
  , if such an opinion was issued,
  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
  and
  the characteristics of the potential impact.
  The environmental report shall also include reasonable
  alternatives
  considered by the developer, which are relevant
  to the proposed project
  and its specific characteristics
  . The detailed list of information to be provided in the environmental report is specified in Annex IV.
  A non-technical summary of the information provided shall be included in the environmental report.

submit

opinion

, if such an opinion was issued,

and

The environmental report shall also include reasonable

considered by the developer, which are relevant

and its specific characteristics

A non-technical summary of the information provided shall be included in the environmental report.

Amendment 57

Amendment 57

Proposal for a directive

Proposal for a directive

Article 1 — point 5

Article 1 — point 5

Directive 2011/92/EU

Article 5 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   The competent authority, after having consulted the authorities referred to in Article 6(1) and the developer, shall
  determine
  the scope and level of detail of the information to be included by the developer in the environmental report, in accordance with paragraph 1 of this Article
  . In particular, it shall determine: | 2.   
  Where the developer so requests,
  the competent authority, after having consulted the authorities referred to in Article 6(1) and the developer, shall
  issue an opinion determining
  the scope and level of detail of the information to be included by the developer in the environmental report, in accordance with paragraph 1 of this Article
  , including in particular: |
| (a) | the decisions and opinions to be obtained; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   The competent authority, after having consulted the authorities referred to in Article 6(1) and the developer, shall
  determine
  the scope and level of detail of the information to be included by the developer in the environmental report, in accordance with paragraph 1 of this Article
  . In particular, it shall determine:

determine

. In particular, it shall determine:

2.   
  Where the developer so requests,
  the competent authority, after having consulted the authorities referred to in Article 6(1) and the developer, shall
  issue an opinion determining
  the scope and level of detail of the information to be included by the developer in the environmental report, in accordance with paragraph 1 of this Article
  , including in particular:

Where the developer so requests,

issue an opinion determining

, including in particular:

(a)

(a)

the decisions and opinions to be obtained;

the decisions and opinions to be obtained;

| (b) | the authorities and the public likely to be concerned; |
| --- | --- |

(b)

the authorities and the public likely to be concerned;

| (b) | the authorities and the public likely to be concerned; |
| --- | --- |

(b)

the authorities and the public likely to be concerned;

| (c) | the individual stages of the procedure and their duration; |
| --- | --- |

(c)

the individual stages of the procedure and their duration;

| (c) | the individual stages of the procedure and
  timeframes for
  their duration; |
| --- | --- |

(c)

the individual stages of the procedure and
  timeframes for
  their duration;

timeframes for

| (d) | reasonable alternatives relevant to the proposed project
  and
  its specific characteristics; |
| --- | --- |

(d)

reasonable alternatives relevant to the proposed project
  and
  its specific characteristics;

and

| (d) | reasonable alternatives
  that may be considered by the developer, which are
  relevant to the proposed project, its specific characteristics
  and its significant impacts on the environment
  ; |
| --- | --- |

(d)

reasonable alternatives
  that may be considered by the developer, which are
  relevant to the proposed project, its specific characteristics
  and its significant impacts on the environment
  ;

that may be considered by the developer, which are

,

and its significant impacts on the environment

| (e) | the environmental features referred to in Article 3 likely to be significantly affected; |
| --- | --- |

(e)

(e)

the environmental features referred to in Article 3 likely to be significantly affected;

the environmental features referred to in Article 3 likely to be significantly affected;

| (f) | the information to be submitted relevant to the specific characteristics of a particular project or type of project; |
| --- | --- |

(f)

the information to be submitted relevant to the specific characteristics of a particular project or type of project;

| (f) | the information to be submitted relevant to the specific characteristics of a particular project or type of project; |
| --- | --- |

(f)

the information to be submitted relevant to the specific characteristics of a particular project or type of project;

| (g) | the information and knowledge available and obtained at other levels of decision-making or through other Union legislation, and the methods of assessment to be used. |
| --- | --- |

(g)

the information and knowledge available and obtained at other levels of decision-making or through other Union legislation, and the methods of assessment to be used.

| (g) | the information and knowledge available and obtained at other levels of decision-making or through other Union legislation, and the methods of assessment to be used. |
| --- | --- |

(g)

the information and knowledge available and obtained at other levels of decision-making or through other Union legislation, and the methods of assessment to be used.

The competent authority may also seek assistance from
  accredited
  and technically competent experts referred to in paragraph 3 of this Article. Subsequent requests to the developer for additional information may only be made if these are justified by new circumstances and duly explained by the competent authority.

accredited

The competent authority may also seek assistance from
  independent, qualified
  and technically competent experts referred to in paragraph 3 of this Article. Subsequent requests to the developer for additional information may only be made if these are justified by new circumstances and duly explained by the competent authority.

independent, qualified

Amendment 106

Amendment 106

Proposal for a directive

Proposal for a directive

Article 1 — point 5

Article 1 — point 5

Directive 2011/92/EU

Article 5 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   To guarantee the completeness and sufficient quality of the environmental reports referred to in Article 5(1): | 3.   To guarantee the completeness and sufficient quality of the environmental reports referred to in Article 5(1): |
| (a) | the developer shall ensure that the environmental report is prepared by
  accredited and technically
  competent experts
  or |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.   To guarantee the completeness and sufficient quality of the environmental reports referred to in Article 5(1):

3.   To guarantee the completeness and sufficient quality of the environmental reports referred to in Article 5(1):

(a)

the developer shall ensure that the environmental report is prepared by
  accredited and technically
  competent experts
  or

accredited and technically

or

| (a) | the developer shall ensure that the environmental report is prepared by competent experts
  ; and |
| --- | --- |

(a)

the developer shall ensure that the environmental report is prepared by competent experts
  ; and

; and

| (b) | the competent authority shall ensure that the environmental report is verified by
  accredited and technically
  competent experts and/or committees of national experts. |
| --- | --- |

(b)

the competent authority shall ensure that the environmental report is verified by
  accredited and technically
  competent experts and/or committees of national experts.

accredited and technically

| (b) | the competent authority shall ensure that the environmental report is verified by competent experts and/or committees of national experts
  whose names shall be made public
  . |
| --- | --- |

(b)

the competent authority shall ensure that the environmental report is verified by competent experts and/or committees of national experts
  whose names shall be made public
  .

whose names shall be made public

Where
  accredited and technically
  competent experts assisted the competent authority to prepare the determination referred to in Article 5(2), the same experts shall not be used by the developer for the preparation of the environmental report.

accredited and technically

Where competent experts assisted the competent authority to prepare the determination referred to in Article 5(2), the same experts shall not be used by the developer for the preparation of the environmental report.

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.

accredited and technically

The detailed arrangements for the use and selection of competent experts (for example qualifications
  and experience
  required, assignment of evaluation, licensing, and disqualification) shall be determined by the Member States.

and experience

The Authority that reviews the Environmental Impact Assessment is asked not to have any interest or relation with the file in order to avoid any conflict of interest
  .

The Authority that reviews the Environmental Impact Assessment is asked not to have any interest or relation with the file in order to avoid any conflict of interest

Amendment 59

Amendment 59

Proposal for a directive

Proposal for a directive

Article 1 — point 5 a (new)

Article 1 — point 5 a (new)

Directive 2011/92/EU

Article 5 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (5a) | The following Article is inserted:



  ‘Article 5a




  For cross-border projects, the 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.




  In the case of European transport network transport projects, the potential impact on the Natura 2000 network shall be identified using the Commission’s TENTec system and Natura 2000 software and possible alternatives.’ |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(5a)

(5a)

The following Article is inserted:

‘Article 5a

‘Article 5a

For cross-border projects, the 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.

For cross-border projects, the 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.

In the case of European transport network transport projects, the potential impact on the Natura 2000 network shall be identified using the Commission’s TENTec system and Natura 2000 software and possible alternatives.’

In the case of European transport network transport projects, the potential impact on the Natura 2000 network shall be identified using the Commission’s TENTec system and Natura 2000 software and possible alternatives.’

Amendment 61

Amendment 61

Proposal for a directive

Proposal for a directive

Article 1 — point 6 — point -a (new)

Article 1 — point 6 — point -a (new)

Directive 2011/92/EU

Article 6 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (-a) | paragraph 1 is replaced by the following:




  ‘1.
     
  Member States shall take the measures necessary to ensure that the authorities likely to be concerned by the project by reason of their specific environmental responsibilities or local jurisdiction are given an opportunity to express their opinion on the information supplied by the developer and on the request for development consent. To that end, Member States shall designate the authorities to be consulted, either in general terms or on a case-by-case basis. The information gathered pursuant to Article 5 shall be forwarded to those authorities. Detailed arrangements for consultation shall be laid down by the Member States.’; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(-a)

(-a)

paragraph 1 is replaced by the following:

paragraph 1 is replaced by the following:

‘1.
     
  Member States shall take the measures necessary to ensure that the authorities likely to be concerned by the project by reason of their specific environmental responsibilities or local jurisdiction are given an opportunity to express their opinion on the information supplied by the developer and on the request for development consent. To that end, Member States shall designate the authorities to be consulted, either in general terms or on a case-by-case basis. The information gathered pursuant to Article 5 shall be forwarded to those authorities. Detailed arrangements for consultation shall be laid down by the Member States.’;

‘1.

Member States shall take the measures necessary to ensure that the authorities likely to be concerned by the project by reason of their specific environmental responsibilities or local jurisdiction are given an opportunity to express their opinion on the information supplied by the developer and on the request for development consent. To that end, Member States shall designate the authorities to be consulted, either in general terms or on a case-by-case basis. The information gathered pursuant to Article 5 shall be forwarded to those authorities. Detailed arrangements for consultation shall be laid down by the Member States.’;

Amendment 107

Amendment 107

Proposal for a directive

Proposal for a directive

Article 1 — point 6 — point -a a (new)

Article 1 — point 6 — point -a a (new)

Directive 2011/92/EU

Article 6 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (-aa) | paragraph 2 is replaced by the following:



  ‘2.
     
  The public shall be informed through a central portal which is accessible to the public electronically in accordance with Article 7(1) of Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information*, by public notices and other appropriate means such as electronic media, early in the environmental decision-making procedures referred to in Article 2(2) and, at the latest, as soon as information can reasonably be provided.’ |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(-aa)

(-aa)

paragraph 2 is replaced by the following:

‘2.
     
  The public shall be informed through a central portal which is accessible to the public electronically in accordance with Article 7(1) of Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information*, by public notices and other appropriate means such as electronic media, early in the environmental decision-making procedures referred to in Article 2(2) and, at the latest, as soon as information can reasonably be provided.’

‘2.

The public shall be informed through a central portal which is accessible to the public electronically in accordance with Article 7(1) of Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information*, by public notices and other appropriate means such as electronic media, early in the environmental decision-making procedures referred to in Article 2(2) and, at the latest, as soon as information can reasonably be provided.’

Amendment 63

Amendment 63

Proposal for a directive

Proposal for a directive

Article 1 — point 6 — point -a b (new)

Article 1 — point 6 — point -a b (new)

Directive 2011/92/EU

Article 6 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (-ab) | paragraph 3 is replaced by the following:



  ‘3.
     
  Member States shall ensure that, within reasonable time-frames, the following is made available at least through a central portal which is accessible to the public electronically:










  (a) | any information gathered pursuant to Article 5; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(-ab)

(-ab)

paragraph 3 is replaced by the following:

‘3.
     
  Member States shall ensure that, within reasonable time-frames, the following is made available at least through a central portal which is accessible to the public electronically:

‘3.

Member States shall ensure that, within reasonable time-frames, the following is made available at least through a central portal which is accessible to the public electronically:

(a)

(a)

any information gathered pursuant to Article 5;

any information gathered pursuant to Article 5;

| (b) | in accordance with national legislation, the main reports and advice issued to the competent authority or authorities at the time when the public concerned is informed in accordance with paragraph 2 of this Article; |
| --- | --- |

(b)

(b)

in accordance with national legislation, the main reports and advice issued to the competent authority or authorities at the time when the public concerned is informed in accordance with paragraph 2 of this Article;

in accordance with national legislation, the main reports and advice issued to the competent authority or authorities at the time when the public concerned is informed in accordance with paragraph 2 of this Article;

| (c) | in accordance with the provisions of Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information, information other than that referred to in paragraph 2 of this Article which is relevant for the decision in accordance with Article 8 of this Directive and which only becomes available after the time the public concerned was informed in accordance with paragraph 2 of this Article.’; |
| --- | --- |

(c)

(c)

in accordance with the provisions of Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information, information other than that referred to in paragraph 2 of this Article which is relevant for the decision in accordance with Article 8 of this Directive and which only becomes available after the time the public concerned was informed in accordance with paragraph 2 of this Article.’;

in accordance with the provisions of Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information, information other than that referred to in paragraph 2 of this Article which is relevant for the decision in accordance with Article 8 of this Directive and which only becomes available after the time the public concerned was informed in accordance with paragraph 2 of this Article.’;

Amendment 108

Amendment 108

Proposal for a directive

Proposal for a directive

Article 1 — point 6 — point -a c (new)

Article 1 — point 6 — point -a c (new)

Directive 2011/92/EU

Article 6 — paragraph 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (-ac) | paragraph 5 is replaced by the following:



  ‘5.
     
  The detailed arrangements for informing the public [...] and for consulting the public concerned [...] shall be determined by the Member States. Member States shall take the necessary measures to ensure that the relevant information is provided through a central portal which is accessible to the public electronically in accordance with Article 7(1) of Directive 2003/4/EC.’: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(-ac)

(-ac)

paragraph 5 is replaced by the following:

‘5.
     
  The detailed arrangements for informing the public [...] and for consulting the public concerned [...] shall be determined by the Member States. Member States shall take the necessary measures to ensure that the relevant information is provided through a central portal which is accessible to the public electronically in accordance with Article 7(1) of Directive 2003/4/EC.’:

‘5.

The detailed arrangements for informing the public [...] and for consulting the public concerned [...] shall be determined by the Member States. Member States shall take the necessary measures to ensure that the relevant information is provided through a central portal which is accessible to the public electronically in accordance with Article 7(1) of Directive 2003/4/EC.’:

Amendment 65

Amendment 65

Proposal for a directive

Proposal for a directive

Article 1 — point 6 — point b

Article 1 — point 6 — point b

Directive 2011/92/EU

Article 6 — paragraph 7

| Text proposed by the Commission | Amendment |
| --- | --- |
| 7.   The time-frames for consulting the public concerned on the environmental report referred to in Article 5(1) shall not be shorter than 30 days or longer than 60 days. In exceptional cases, where the nature, complexity, location or size of the proposed project so require, the competent authority may extend this time-frame by
  a further
  30 days; in that case, the competent authority shall inform the developer of the reasons justifying the extension. | 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
  up to
  30 days; in that case, the competent authority shall inform the developer of the reasons justifying the extension.. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

7.   The time-frames for consulting the public concerned on the environmental report referred to in Article 5(1) shall not be shorter than 30 days or longer than 60 days. In exceptional cases, where the nature, complexity, location or size of the proposed project so require, the competent authority may extend this time-frame by
  a further
  30 days; in that case, the competent authority shall inform the developer of the reasons justifying the extension.

a further

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
  up to
  30 days; in that case, the competent authority shall inform the developer of the reasons justifying the extension..

up to

Amendment 66

Amendment 66

Proposal for a directive

Proposal for a directive

Article 1 — paragraph 1 — point 6 — point b a (new)

Article 1 — paragraph 1 — point 6 — point b a (new)

Directive 2011/92/EU

Article 6 — paragraph 7 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ba) | the following paragraph is added:


  ‘7a.   
  In order to ensure the effective participation of the public concerned in the decision-making procedures, Member States shall ensure that contact information of and easy and quick access to the authority or authorities responsible for performing the duties arising from this Directive be available to the public at any time and regardless of any ongoing specific project subject to an environmental impact assessment, and that due attention is paid to the comments made and opinions expressed by the public.’. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ba)

(ba)

the following paragraph is added:

the following paragraph is added:

‘7a.   
  In order to ensure the effective participation of the public concerned in the decision-making procedures, Member States shall ensure that contact information of and easy and quick access to the authority or authorities responsible for performing the duties arising from this Directive be available to the public at any time and regardless of any ongoing specific project subject to an environmental impact assessment, and that due attention is paid to the comments made and opinions expressed by the public.’.

In order to ensure the effective participation of the public concerned in the decision-making procedures, Member States shall ensure that contact information of and easy and quick access to the authority or authorities responsible for performing the duties arising from this Directive be available to the public at any time and regardless of any ongoing specific project subject to an environmental impact assessment, and that due attention is paid to the comments made and opinions expressed by the public.’.

Amendment 67

Amendment 67

Proposal for a directive

Proposal for a directive

Article 1 — paragraph 1 — point 7 a (new)

Article 1 — paragraph 1 — point 7 a (new)

Directive 2011/92/EU

Article 7 — paragraph 5 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (7a) | In Article 7, the following paragraph is added:



  ‘5a.
     
  In the case of cross-border projects of common interest in the field of transport included in one of the corridors set out in Annex I of the Regulation...

   (*)

  establishing the Connecting Europe Facility, Member States shall be involved in coordinating the work of the public consultations. The coordinator shall ensure that an extensive public consultation process takes place with all stakeholders and civil society during the planning of new infrastructure. In any event, the coordinator may propose ways of developing the corridor plan and implementing it in a balanced manner.’. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(7a)

(7a)

In Article 7, the following paragraph is added:

‘5a.
     
  In the case of cross-border projects of common interest in the field of transport included in one of the corridors set out in Annex I of the Regulation...

   (*)

  establishing the Connecting Europe Facility, Member States shall be involved in coordinating the work of the public consultations. The coordinator shall ensure that an extensive public consultation process takes place with all stakeholders and civil society during the planning of new infrastructure. In any event, the coordinator may propose ways of developing the corridor plan and implementing it in a balanced manner.’.

‘5a.

In the case of cross-border projects of common interest in the field of transport included in one of the corridors set out in Annex I of the Regulation...

*

establishing the Connecting Europe Facility, Member States shall be involved in coordinating the work of the public consultations. The coordinator shall ensure that an extensive public consultation process takes place with all stakeholders and civil society during the planning of new infrastructure. In any event, the coordinator may propose ways of developing the corridor plan and implementing it in a balanced manner.’.

Amendments 109, 93 and 130

Amendments 109, 93 and 130

Proposal for a directive

Proposal for a directive

Article 1 — point 8

Article 1 — point 8

Directive 2011/92/EU

Article 8

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   The results of consultations and the information gathered pursuant to Articles 5, 6 and 7 shall be
  taken into consideration
  in the development consent procedure.
  To this end,
  the decision to grant development consent shall
  contain
  the following information: | 1.   The results of consultations and the information gathered pursuant to Articles 5, 6 and 7 shall be
  given due account and assessed in detail
  in the development consent procedure.
  When a
  decision to grant
  or refuse
  development consent
  has been taken, the competent authority or authorities
  shall
  inform the public thereof in accordance with the appropriate procedures and shall make available to the public
  the following information: |
| (a) | the environmental assessment of the competent authority referred to in Article 3 and the environmental conditions attached to the decision, including a description of the main measures to avoid, reduce and, if possible, offset significant adverse effects; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   The results of consultations and the information gathered pursuant to Articles 5, 6 and 7 shall be
  taken into consideration
  in the development consent procedure.
  To this end,
  the decision to grant development consent shall
  contain
  the following information:

taken into consideration

To this end,

contain

1.   The results of consultations and the information gathered pursuant to Articles 5, 6 and 7 shall be
  given due account and assessed in detail
  in the development consent procedure.
  When a
  decision to grant
  or refuse
  development consent
  has been taken, the competent authority or authorities
  shall
  inform the public thereof in accordance with the appropriate procedures and shall make available to the public
  the following information:

given due account and assessed in detail

When a

or refuse

has been taken, the competent authority or authorities

inform the public thereof in accordance with the appropriate procedures and shall make available to the public

(a)

the environmental assessment of the competent authority referred to in Article 3 and the environmental conditions attached to the decision, including a description of the main measures to avoid, reduce and, if possible, offset significant adverse effects;

| (a) | the results of
  the environmental assessment of the competent authority referred to in Article 3
  , including a summary of the observations and opinions received pursuant to Articles 6 and 7
  , and the environmental conditions attached to the decision, including a description of the main measures to avoid, reduce and, if possible, offset significant adverse effects; |
| --- | --- |

(a)

the results of
  the environmental assessment of the competent authority referred to in Article 3
  , including a summary of the observations and opinions received pursuant to Articles 6 and 7
  , and the environmental conditions attached to the decision, including a description of the main measures to avoid, reduce and, if possible, offset significant adverse effects;

the results of

, including a summary of the observations and opinions received pursuant to Articles 6 and 7

| (b) | the main reasons for choosing the project as adopted, in the light of the other alternatives considered, including the likely evolution of the existing state of the environment without implementation of the project (baseline scenario); |
| --- | --- |

(b)

the main reasons for choosing the project as adopted, in the light of the other alternatives considered, including the likely evolution of the existing state of the environment without implementation of the project (baseline scenario);

the main reasons for choosing the project as adopted, in the light of the other alternatives considered, including the likely evolution of the existing state of the environment without implementation of the project (baseline scenario);

| (b) | an outline of the main alternatives studied by the developer and an indication of the main reasons for his choice, taking into account the environmental effects; |
| --- | --- |

(b)

an outline of the main alternatives studied by the developer and an indication of the main reasons for his choice, taking into account the environmental effects;

an outline of the main alternatives studied by the developer and an indication of the main reasons for his choice, taking into account the environmental effects;

| (c) | a summary of the comments received pursuant to Articles 6 and 7; |
| --- | --- |

(c)

(c)

a summary of the comments received pursuant to Articles 6 and 7;

a summary of the comments received pursuant to Articles 6 and 7;

| (d) | a statement summarising how environmental considerations have been integrated into the development consent and how the results of the consultations and the information gathered pursuant to Articles 5, 6 and 7 have been incorporated or otherwise addressed. |
| --- | --- |

(d)

a statement summarising how environmental considerations have been integrated into the development consent and how the results of the consultations and the information gathered pursuant to Articles 5, 6 and 7 have been incorporated or otherwise addressed.

| (d) | a statement summarising how environmental considerations have been integrated into the development consent and how
  the environmental report and
  the results of the consultations and the information gathered pursuant to Articles 5, 6 and 7 have been incorporated or otherwise addressed. |
| --- | --- |

(d)

a statement summarising how environmental considerations have been integrated into the development consent and how
  the environmental report and
  the results of the consultations and the information gathered pursuant to Articles 5, 6 and 7 have been incorporated or otherwise addressed.

the environmental report and

For projects likely to have significant adverse transboundary effects, the competent authority shall provide information for not having taken into account comments received by the affected Member State during the consultations carried out pursuant to Article 7.

For projects likely to have significant adverse transboundary effects, the competent authority shall provide information for not having taken into account comments received by the affected Member State during the consultations carried out pursuant to Article 7.

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 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.

If the consultations and the information gathered pursuant to Articles 5, 6 and 7 conclude that a project will have significant adverse environmental effects,

in close cooperation with

2.   The competent authority, as early as possible and
  after having consulted
  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
  on the basis of the relevant legislation
  .

after having consulted

whether to refuse development consent or

on the basis of the relevant legislation

If the competent authority decides to grant development consent, it shall ensure that the development consent includes measures to monitor the significant adverse environmental effects
  , in order to assess the implementation and the expected effectiveness of mitigation and compensation measures, and to identify any unforeseeable adverse effects
  .

, in order to assess the implementation and the expected effectiveness of mitigation and compensation measures, and to identify any unforeseeable adverse effects

If the competent authority decides to grant development consent, it shall
  , on the basis of the relevant legislation,
  ensure that the development consent includes measures to monitor the significant adverse environmental effects.

, on the basis of the relevant legislation,

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 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.

Existing monitoring arrangements resulting from other Union legislation may be used if appropriate.

Existing monitoring arrangements resulting from other Union legislation may be used if appropriate.

3.   When all necessary information gathered pursuant to Articles 5, 6 and 7 has been provided to the competent authority, including, where relevant, specific assessments required under other Union legislation, and the consultations referred to in Articles 6 and 7 have been completed, the competent authority shall conclude its environmental impact assessment of the project within
  three months
  .

three months

3.   When all necessary information gathered pursuant to Articles 5, 6 and 7 has been provided to the competent authority, including, where relevant, specific assessments required under other Union legislation, and the consultations referred to in Articles 6 and 7 have been completed, the competent authority shall conclude its environmental impact assessment of the project within
  a period of time established by the Member State not exceeding 90 days
  .

a period of time established by the Member State not exceeding 90 days

Depending on the nature, complexity, location and size of the proposed project, the competent authority may extend that deadline by a further
  3 months
  ; in that case, the competent authority shall inform the developer of the reasons justifying the extension and of the date when its decision is expected.

3 months

Depending on the nature, complexity, location and size of the proposed project, the competent authority may,
  exceptionally,
  extend that deadline by
  a further period of time established by the Member State not exceeding 90 days
  ; in that case, the competent authority shall inform the developer,
  in writing,
  of the reasons justifying the extension and of the date when its decision is expected.

exceptionally,

a further period of time established by the Member State not exceeding 90 days

in writing,

4.
     
  Before a decision to grant or refuse development consent is taken, the competent authority shall verify whether the information in the environmental report referred to in Article 5(1) is up to date, in particular concerning the measures envisaged to prevent, reduce and, where possible, offset any significant adverse effects.

4.

Before a decision to grant or refuse development consent is taken, the competent authority shall verify whether the information in the environmental report referred to in Article 5(1) is up to date, in particular concerning the measures envisaged to prevent, reduce and, where possible, offset any significant adverse effects.

4a.
     
  The decision to grant development consent may also be taken by adopting a specific act of national legislation, provided that the competent authority has carried out all elements of the environmental impact assessment in accordance with the provisions of this Directive.

4a.

The decision to grant development consent may also be taken by adopting a specific act of national legislation, provided that the competent authority has carried out all elements of the environmental impact assessment in accordance with the provisions of this Directive.

| * | OJ L 312, 22.11.2008, p. 3 |
| --- | --- |

*

OJ L 312, 22.11.2008, p. 3

Amendment 69

Amendment 69

Proposal for a directive

Proposal for a directive

Article 1 — point 9 — point a

Article 1 — point 9 — point a

Directive 2011/92/EU

Article 9 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 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, in accordance with the
  appropriate
  procedures, and shall make available to the public
  the following
  information: | 1.   When a decision to grant or refuse development consent
  , or other decision issued for the purpose of fulfilling the requirements of this Directive,
  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
  national
  procedures, and
  at the latest within 10 working days. The competent authority or authorities
  shall make
  the decision
  available to the public
  and to the authorities referred to in Article 6(1) in accordance with Directive 2003/4/EC. |
| (a) | the content of the decision and any conditions attached thereto; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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, in accordance with the
  appropriate
  procedures, and shall make available to the public
  the following
  information:

appropriate

the following

1.   When a decision to grant or refuse development consent
  , or other decision issued for the purpose of fulfilling the requirements of this Directive,
  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
  national
  procedures, and
  at the latest within 10 working days. The competent authority or authorities
  shall make
  the decision
  available to the public
  and to the authorities referred to in Article 6(1) in accordance with Directive 2003/4/EC.

, or other decision issued for the purpose of fulfilling the requirements of this Directive,

as soon as possible,

national

at the latest within 10 working days. The competent authority or authorities

the decision

and to the authorities referred to in Article 6(1) in accordance with Directive 2003/4/EC.

(a)

(a)

the content of the decision and any conditions attached thereto;

the content of the decision and any conditions attached thereto;

| (b) | having examined the environmental report and the concerns and opinions expressed by the public concerned, the main reasons and considerations on which the decision is based, including information about the public participation process; |
| --- | --- |

(b)

(b)

having examined the environmental report and the concerns and opinions expressed by the public concerned, the main reasons and considerations on which the decision is based, including information about the public participation process;

having examined the environmental report and the concerns and opinions expressed by the public concerned, the main reasons and considerations on which the decision is based, including information about the public participation process;

| (c) | a description of the main measures to avoid, reduce and, if possible, offset the significant adverse effects; |
| --- | --- |

(c)

(c)

a description of the main measures to avoid, reduce and, if possible, offset the significant adverse effects;

a description of the main measures to avoid, reduce and, if possible, offset the significant adverse effects;

| (d) | a description, where appropriate, of the monitoring measures referred to in Article 8(2). |
| --- | --- |

(d)

(d)

a description, where appropriate, of the monitoring measures referred to in Article 8(2).

a description, where appropriate, of the monitoring measures referred to in Article 8(2).

Amendment 120

Amendment 120

Proposal for a directive

Proposal for a directive

Article 1 — point 9 a (new)

Article 1 — point 9 a (new)

Directive 2011/92/EU

Article 9 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (9a) | The following article is added after Article 9:



  ‘Article 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.’ |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(9a)

(9a)

The following article is added after Article 9:

‘Article 9a

‘Article 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.’

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 72

Amendment 72

Proposal for a directive

Proposal for a directive

Article 1 — point 9 b (new)

Article 1 — point 9 b (new)

Directive 2011/92/EU

Article 10 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (9b) | In Article 10 paragraph 1 is replaced by the following:


  ‘The provisions of this Directive shall not affect the obligation on the competent authorities to respect the limitations imposed by national laws, regulations and administrative provisions, and accepted legal practices with regard to commercial and industrial confidentiality, including intellectual property, and the safeguarding of the public interest, provided that they comply with Directive 2003/4/EC.’. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(9b)

(9b)

In Article 10 paragraph 1 is replaced by the following:

‘The provisions of this Directive shall not affect the obligation on the competent authorities to respect the limitations imposed by national laws, regulations and administrative provisions, and accepted legal practices with regard to commercial and industrial confidentiality, including intellectual property, and the safeguarding of the public interest, provided that they comply with Directive 2003/4/EC.’.

‘The provisions of this Directive shall not affect the obligation on the competent authorities to respect the limitations imposed by national laws, regulations and administrative provisions, and accepted legal practices with regard to commercial and industrial confidentiality, including intellectual property, and the safeguarding of the public interest, provided that they comply with Directive 2003/4/EC

Amendment 73

Amendment 73

Proposal for a directive

Proposal for a directive

Article 1 — point 9 c (new)

Article 1 — point 9 c (new)

Directive 2011/92/EU

Article 10 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (9c) | The following Article is inserted:



  ‘Article 10a




  Member States shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive.’. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(9c)

(9c)

The following Article is inserted:

‘Article 10a

‘Article 10a

Member States shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive.’.

Member States shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive.’.

Amendment 75

Amendment 75

Proposal for a directive

Proposal for a directive

Article 1 — point 9 d (new)

Article 1 — point 9 d (new)

Directive 2011/92/EU

Article 11 — paragraph 4 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (9d) | In Article 11, the second subparagraph of paragraph 4 is replaced by the following:



  ‘Any such procedure shall be adequate and effective, allow for applications for injunctive relief, and be fair, equitable, timely and not prohibitively expensive.’ |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(9d)

(9d)

In Article 11, the second subparagraph of paragraph 4 is replaced by the following:

‘Any such procedure shall be adequate and effective, allow for applications for injunctive relief, and be fair, equitable, timely and not prohibitively expensive.’

‘Any such procedure shall be adequate and effective, allow for applications for injunctive relief, and be fair, equitable, timely and not prohibitively expensive.’

Amendment 76

Amendment 76

Proposal for a directive

Proposal for a directive

Article 1 — point 11

Article 1 — point 11

Directive 2011/92/EU

Article 12 b — paragraph 5 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 5a.
     
  Where, owing to the specific characteristics of given sectors of economic activity, this is deemed appropriate in the interests of a correct environmental impact assessment, the Commission shall, in conjunction with the Member States and the sector concerned, draw up sector-specific guidelines and criteria to be followed in such a way that simplifies, and facilitates standardisation of, the environmental impact assessment. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

5a.
     
  Where, owing to the specific characteristics of given sectors of economic activity, this is deemed appropriate in the interests of a correct environmental impact assessment, the Commission shall, in conjunction with the Member States and the sector concerned, draw up sector-specific guidelines and criteria to be followed in such a way that simplifies, and facilitates standardisation of, the environmental impact assessment.

5a.

Where, owing to the specific characteristics of given sectors of economic activity, this is deemed appropriate in the interests of a correct environmental impact assessment, the Commission shall, in conjunction with the Member States and the sector concerned, draw up sector-specific guidelines and criteria to be followed in such a way that simplifies, and facilitates standardisation of, the environmental impact assessment.

Amendment 77

Amendment 77

Proposal for a directive

Proposal for a directive

Article 2 — paragraph 1 — subparagraph 1

Article 2 — paragraph 1 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [
  DATE
  ] at the latest. They shall forthwith communicate to the Commission the text of those provisions and a document explaining the relationship between them and this Directive. | 1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by ... (**) at the latest. They shall forthwith communicate to the Commission the text of those provisions and a document explaining the relationship between them and this Directive. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [
  DATE
  ] at the latest. They shall forthwith communicate to the Commission the text of those provisions and a document explaining the relationship between them and this Directive.

DATE

1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by ... (**) at the latest. They shall forthwith communicate to the Commission the text of those provisions and a document explaining the relationship between them and this Directive.

**

Amendment 110

Amendment 110

Proposal for a directive

Proposal for a directive

Article 3

Article 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| Projects for which the request for development consent was introduced before the date referred to in the first subparagraph of Article 2(1) and for which the environmental impact assessment has not been concluded before that date shall be subject to the obligations referred to in Articles 3 to 11 of Directive 2011/92/EU as amended by this Directive. | Projects for which the request for development consent was introduced before the date referred to in the first subparagraph of Article 2(1) and for which the environmental impact assessment has not been concluded before that date shall be subject to the obligations referred to in Articles 3 to 11 of Directive 2011/92/EU as amended by this Directive
  , if the developer requests to continue the environmental impact assessment for his project in accordance with the amended provisions
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Projects for which the request for development consent was introduced before the date referred to in the first subparagraph of Article 2(1) and for which the environmental impact assessment has not been concluded before that date shall be subject to the obligations referred to in Articles 3 to 11 of Directive 2011/92/EU as amended by this Directive.

Projects for which the request for development consent was introduced before the date referred to in the first subparagraph of Article 2(1) and for which the environmental impact assessment has not been concluded before that date shall be subject to the obligations referred to in Articles 3 to 11 of Directive 2011/92/EU as amended by this Directive
  , if the developer requests to continue the environmental impact assessment for his project in accordance with the amended provisions
  .

, if the developer requests to continue the environmental impact assessment for his project in accordance with the amended provisions

Amendments 79, 112 and 126

Amendments 79, 112 and 126

Proposal for a directive

Proposal for a directive

Annex — point - 1 (new)

Annex — point - 1 (new)

Directive 2011/92/EU

Annex I

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (-1) | Annex I is amended as follows: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(-1)

(-1)

Annex I is amended as follows:

| | (a) | the title is replaced by the following: |
| --- | --- | --- |

(a)

(a)

the title is replaced by the following:

the title is replaced by the following:

| | | ‘PROJECTS REFERRED TO IN ARTICLE 4(1) (PROJECTS SUBJECT TO MANDATORY ENVIRONMENTAL IMPACT ASSESSMENT)’ |
| --- | --- | --- |

‘PROJECTS REFERRED TO IN ARTICLE 4(1) (PROJECTS SUBJECT TO MANDATORY ENVIRONMENTAL IMPACT ASSESSMENT)’

‘PROJECTS REFERRED TO IN ARTICLE 4(1) (PROJECTS SUBJECT TO MANDATORY ENVIRONMENTAL IMPACT ASSESSMENT)’

| | (b) | the following point is inserted: |
| --- | --- | --- |

(b)

(b)

the following point is inserted:

the following point is inserted:

| | | ‘4a. | Open-cast mining and similar open-air extractive industries.’ |
| --- | --- | --- | --- |

‘4a.

| | (c) | in point 7, point (a) is replaced by the following: |
| --- | --- | --- |

(c)

(c)

in point 7, point (a) is replaced by the following:

in point 7, point (a) is replaced by the following:

| | | ‘(a) | construction of lines for long-distance railway traffic and of airports [...];’ |
| --- | --- | --- | --- |

‘(a)

‘(a)

construction of lines for long-distance railway traffic and of airports [...];’

construction of lines for long-distance railway traffic and of airports [...];’

| | (d) | the following points are inserted: |
| --- | --- | --- |

(d)

(d)

the following points are inserted:

the following points are inserted:

| | | “14a. | Exploration, limited to the phase involving the application of hydraulic fracturing, and extraction of crude oil and/or natural gas trapped in gas-bearing strata of shale or in other sedimentary rock formations of equal or lesser permeability and porosity, regardless of the amount extracted. |
| --- | --- | --- | --- |

“14a.

“14a.

Exploration, limited to the phase involving the application of hydraulic fracturing, and extraction of crude oil and/or natural gas trapped in gas-bearing strata of shale or in other sedimentary rock formations of equal or lesser permeability and porosity, regardless of the amount extracted.

| 14b. | Exploration, limited to the phase involving the application of hydraulic fracturing, and extraction of natural gas from coal beds, regardless of the amount extracted. |
| --- | --- |

14b.

14b.

Exploration, limited to the phase involving the application of hydraulic fracturing, and extraction of natural gas from coal beds, regardless of the amount extracted.

| | (e) | point 19 is replaced by the following: |
| --- | --- | --- |

(e)

(e)

point 19 is replaced by the following:

point 19 is replaced by the following:

| | | ‘19. | Quarries and open-cast mining where the surface of the site exceeds 25 hectares, gold mines which use processes involving cyanide ponds, or peat extraction, where the surface of the site exceeds 150 hectares.’ |
| --- | --- | --- | --- |

‘19.

| | (f) | the following point is added: |
| --- | --- | --- |

(f)

(f)

the following point is added:

the following point is added:

| | | ‘24a. | Theme parks and golf courses planned for areas of water shortage or at high risk of desertification or drought.’ |
| --- | --- | --- | --- |

‘24a.

Amendment 80

Amendment 80

Proposal for a directive

Proposal for a directive

Annex — point - 1 a (new)

Annex — point - 1 a (new)

Directive 2011/92/EU

Annex II

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (-1a) | Annex II is amended as follows: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(-1a)

(-1a)

Annex II is amended as follows:

| | (a) | the title is replaced by the following: |
| --- | --- | --- |

(a)

(a)

the title is replaced by the following:

the title is replaced by the following:

| | | ‘PROJECTS REFERRED TO IN ARTICLE 4(2) (PROJECTS SUBJECT TO ENVIRONMENTAL IMPACT ASSESSMENT AT THE DISCRETION OF THE MEMBER STATES)’; |
| --- | --- | --- |

‘PROJECTS REFERRED TO IN ARTICLE 4(2) (PROJECTS SUBJECT TO ENVIRONMENTAL IMPACT ASSESSMENT AT THE DISCRETION OF THE MEMBER STATES)’;

‘PROJECTS REFERRED TO IN ARTICLE 4(2) (PROJECTS SUBJECT TO ENVIRONMENTAL IMPACT ASSESSMENT AT THE DISCRETION OF THE MEMBER STATES)’;

| | (b) | the following point is inserted in paragraph 1: |
| --- | --- | --- |

(b)

(b)

the following point is inserted in paragraph 1:

the following point is inserted in paragraph 1:

| | | ‘(fa) | Wild capture fishing activities;’; |
| --- | --- | --- | --- |

‘(fa)

‘(fa)

Wild capture fishing activities;’;

Wild capture fishing activities;’;

| | (c) | point (c) of paragraph 2 is replaced by the following: |
| --- | --- | --- |

(c)

(c)

point (c) of paragraph 2 is replaced by the following:

point (c) of paragraph 2 is replaced by the following:

| | | ‘(c) | Research and exploration of minerals and extraction of minerals by marine or fluvial dredging;’; |
| --- | --- | --- | --- |

‘(c)

‘(c)

Research and exploration of minerals and extraction of minerals by marine or fluvial dredging;’;

Research and exploration of minerals and extraction of minerals by marine or fluvial dredging;’;

| | (d) | point (d) of paragraph 10 is deleted. |
| --- | --- | --- |

(d)

(d)

point (d) of paragraph 10 is deleted.

point (d) of paragraph 10 is deleted.

| | (e) | the following point is inserted in paragraph 13: |
| --- | --- | --- |

(e)

(e)

the following point is inserted in paragraph 13:

the following point is inserted in paragraph 13:

| | | ‘(aa) | Any demolition of projects listed in Annex I or this Annex, which may have significant adverse effects on the environment.’. |
| --- | --- | --- | --- |

‘(aa)

‘(aa)

Any demolition of projects listed in Annex I or this Annex, which may have significant adverse effects on the environment.’.

Any demolition of projects listed in Annex I or this Annex, which may have significant adverse effects on the environment.’.

Amendment 81

Amendment 81

Proposal for a directive

Proposal for a directive

Annex — point 1

Annex — point 1

Directive 2011/92/EU

Annex II.A

| Text proposed by the Commission | Amendment |
| --- | --- |
| ANNEX II.A — INFORMATION REFERRED TO IN ARTICLE 4(3) | ANNEX II.A — INFORMATION REFERRED TO IN ARTICLE 4(3)
  (SUMMARY INFORMATION PROVIDED BY THE DEVELOPER ON THE PROJECTS LISTED IN ANNEX II) |
| 1. | A description of the project, including
  in particular
  : |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

ANNEX II.A — INFORMATION REFERRED TO IN ARTICLE 4(3)

ANNEX II.A — INFORMATION REFERRED TO IN ARTICLE 4(3)
  (SUMMARY INFORMATION PROVIDED BY THE DEVELOPER ON THE PROJECTS LISTED IN ANNEX II)

(SUMMARY INFORMATION PROVIDED BY THE DEVELOPER ON THE PROJECTS LISTED IN ANNEX II)

1.

A description of the project, including
  in particular
  :

in particular

| 1. | A description of the project, including: |
| --- | --- |

1.

A description of the project, including:

| | (a) | a description of the physical characteristics of the whole project, including, where relevant, its subsurface, during the construction
  and
  operational phases; |
| --- | --- | --- |

(a)

a description of the physical characteristics of the whole project, including, where relevant, its subsurface, during the construction
  and
  operational phases;

and

| | (a) | a description of the physical characteristics of the whole project, including, where relevant, its subsurface
  and underground
  , during the construction, operational
  and demolition
  phases; |
| --- | --- | --- |

(a)

a description of the physical characteristics of the whole project, including, where relevant, its subsurface
  and underground
  , during the construction, operational
  and demolition
  phases;

and underground

and demolition

| | (b) | a description of the location of the project, with particular regard to the environmental sensitivity of geographical areas likely to be affected. |
| --- | --- | --- |

(b)

a description of the location of the project, with particular regard to the environmental sensitivity of geographical areas likely to be affected.

| | (b) | a description of the location of the project, with particular regard to the environmental sensitivity of geographical areas likely to be affected. |
| --- | --- | --- |

(b)

a description of the location of the project, with particular regard to the environmental sensitivity of geographical areas likely to be affected.

| 2. | A description of the aspects of the environment likely to be significantly affected by the proposed project. |
| --- | --- |

2.

A description of the aspects of the environment likely to be significantly affected by the proposed project.

| 2. | A description of the aspects of the environment likely to be significantly affected by the proposed project. |
| --- | --- |

2.

A description of the aspects of the environment likely to be significantly affected by the proposed project.

| 3. | A description of the likely significant effects of the proposed project on the environment resulting from: |
| --- | --- |

3.

A description of the likely significant effects of the proposed project on the environment resulting from:

| 3. | A description of the likely significant effects of the proposed project on the environment
  , including risks to the health of the population concerned and the effects on the landscape and cultural heritage,
  resulting from: |
| --- | --- |

3.

A description of the likely significant effects of the proposed project on the environment
  , including risks to the health of the population concerned and the effects on the landscape and cultural heritage,
  resulting from:

, including risks to the health of the population concerned and the effects on the landscape and cultural heritage,

| | (a) | the expected residues and emissions and the production of waste; |
| --- | --- | --- |

(a)

the expected residues and emissions and the production of waste;

| | (a) | the expected residues and emissions and the production of waste
  where relevant
  ; |
| --- | --- | --- |

(a)

the expected residues and emissions and the production of waste
  where relevant
  ;

where relevant

| | (b) | the use of natural resources, in particular soil, land, water, and biodiversity, including hydromorphological changes. |
| --- | --- | --- |

(b)

the use of natural resources, in particular soil, land, water, and biodiversity, including hydromorphological changes.

| | (b) | the use of natural resources, in particular soil, land, water, and biodiversity (including hydromorphological changes). |
| --- | --- | --- |

(b)

the use of natural resources, in particular soil, land, water, and biodiversity (including hydromorphological changes).

| 4. | A description of the measures envisaged to avoid, prevent or reduce
  any
  significant adverse effects on the environment. |
| --- | --- |

4.

A description of the measures envisaged to avoid, prevent or reduce
  any
  significant adverse effects on the environment.

any

| 4. | A description of the measures envisaged to avoid, prevent or reduce
  the
  significant adverse effects on the environment
  , in particular when they are considered irreversible
  . |
| --- | --- |

4.

A description of the measures envisaged to avoid, prevent or reduce
  the
  significant adverse effects on the environment
  , in particular when they are considered irreversible
  .

the

, in particular when they are considered irreversible

Amendment 124

Amendment 124

Proposal for a directive

Proposal for a directive

Annex — point 2

Annex — point 2

Directive 2011/92/EU

Annex III — point 2 — - point c — point ii

| Text proposed by the Commission | Amendment |
| --- | --- |
| (ii) | coastal zones; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ii)

coastal zones;

| (ii) | coastal zones
  and marine environment
  ; |
| --- | --- |

(ii)

coastal zones
  and marine environment
  ;

and marine environment

Amendments 83 and 129/REV

Amendments 83 and 129/REV

Proposal for a directive

Proposal for a directive

Annex — point 2

Annex — point 2

Directive 2011/92/EU

Annex IV

| Text proposed by the Commission | Amendment |
| --- | --- |
| ANNEX IV — INFORMATION REFERRED TO IN ARTICLE 5(1) | ANNEX IV — INFORMATION REFERRED TO IN ARTICLE 5(1)
  (INFORMATION TO BE PROVIDED BY THE DEVELOPER IN THE ENVIRONMENTAL REPORT) |
| 1. | Description of the project, including in particular: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

ANNEX IV — INFORMATION REFERRED TO IN ARTICLE 5(1)

ANNEX IV — INFORMATION REFERRED TO IN ARTICLE 5(1)
  (INFORMATION TO BE PROVIDED BY THE DEVELOPER IN THE ENVIRONMENTAL REPORT)

(INFORMATION TO BE PROVIDED BY THE DEVELOPER IN THE ENVIRONMENTAL REPORT)

1.

Description of the project, including in particular:

| 1. | Description of the project including in particular: |
| --- | --- |

1.

Description of the project including in particular:

| | (-a) | a description of the location of the project; |
| --- | --- | --- |

(-a)

(-a)

a description of the location of the project;

a description of the location of the project;

| | (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; |
| --- | --- | --- |

(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;

and

| | (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, operational
  and where relevant demolition
  phases; |
| --- | --- | --- |

(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, operational
  and where relevant demolition
  phases;

and where relevant demolition

| | (aa) | a description of the energy costs, the costs of recycling waste caused by demolition, the consumption of additional natural resources when a demolition project is undertaken; |
| --- | --- | --- |

(aa)

(aa)

a description of the energy costs, the costs of recycling waste caused by demolition, the consumption of additional natural resources when a demolition project is undertaken;

a description of the energy costs, the costs of recycling waste caused by demolition, the consumption of additional natural resources when a demolition project is undertaken;

| | (b) | a description of the main characteristics of the production processes, for instance, nature and quantity of the materials, energy and natural resources (including water, land, soil and biodiversity) used; |
| --- | --- | --- |

(b)

a description of the main characteristics of the production processes, for instance, nature and quantity of the materials, energy and natural resources (including water, land, soil and biodiversity) used;

| | (b) | a description of the main characteristics of the production processes, for instance, nature and quantity of the materials, energy and natural resources (including water, land, soil and biodiversity) used; |
| --- | --- | --- |

(b)

a description of the main characteristics of the production processes, for instance, nature and quantity of the materials, energy and natural resources (including water, land, soil and biodiversity) used;

| | (c) | an estimate, by type and quantity, of expected residues and emissions (water, air, soil and subsoil pollution, noise, vibration, light, heat, radiation, etc.) resulting from the operation of the proposed project. |
| --- | --- | --- |

(c)

an estimate, by type and quantity, of expected residues and emissions (water, air, soil and subsoil pollution, noise, vibration, light, heat, radiation, etc.) resulting from the operation of the proposed project.

| | (c) | an estimate, by type and quantity, of expected residues and emissions (water, air, soil and subsoil pollution, noise, vibration, light, heat, radiation, etc.) resulting from the operation of the proposed project. |
| --- | --- | --- |

(c)

an estimate, by type and quantity, of expected residues and emissions (water, air, soil and subsoil pollution, noise, vibration, light, heat, radiation, etc.) resulting from the operation of the proposed project.

| 2. | A description, of the technical, locational or other aspects (e.g. in terms of project design, technical capacity, size and scale) of the alternatives considered,
  including the identification of the least environmentally impacting one,
  and an indication of the main reasons for the choice made
  , taking into account the environmental effects
  . |
| --- | --- |

2.

A description, of the technical, locational or other aspects (e.g. in terms of project design, technical capacity, size and scale) of the alternatives considered,
  including the identification of the least environmentally impacting one,
  and an indication of the main reasons for the choice made
  , taking into account the environmental effects
  .

including the identification of the least environmentally impacting one,

, taking into account the environmental effects

| 2. | A description, of the technical, locational or other aspects (e.g. in terms of project design, technical capacity, size and scale) of the
  reasonable
  alternatives considered
  by the developer, which are relevant to the proposed project and its specific characteristics
  and an indication of the main reasons for the choice made. |
| --- | --- |

2.

A description, of the technical, locational or other aspects (e.g. in terms of project design, technical capacity, size and scale) of the
  reasonable
  alternatives considered
  by the developer, which are relevant to the proposed project and its specific characteristics
  and an indication of the main reasons for the choice made.

reasonable

by the developer, which are relevant to the proposed project and its specific characteristics

| 3. | A description of the relevant aspects of the
  existing
  state of the environment and the likely evolution thereof without implementation of the project
  (baseline scenario)
  . This description should cover any existing environmental problems relevant to the project, including, in particular, those relating to any areas of a particular environmental importance and the use of natural resources. |
| --- | --- |

3.

A description of the relevant aspects of the
  existing
  state of the environment and the likely evolution thereof without implementation of the project
  (baseline scenario)
  . This description should cover any existing environmental problems relevant to the project, including, in particular, those relating to any areas of a particular environmental importance and the use of natural resources.

existing

(baseline scenario)

| 3. | A description of the relevant aspects of the
  current
  state of the environment
  (baseline scenario)
  and the likely evolution thereof without implementation of the project
  , where the natural or social changes from the baseline scenario can be reasonably predicted
  . This description should cover any existing environmental problems relevant to the project, including, in particular, those relating to any areas of a particular environmental importance and the use of natural resources. |
| --- | --- |

3.

A description of the relevant aspects of the
  current
  state of the environment
  (baseline scenario)
  and the likely evolution thereof without implementation of the project
  , where the natural or social changes from the baseline scenario can be reasonably predicted
  . This description should cover any existing environmental problems relevant to the project, including, in particular, those relating to any areas of a particular environmental importance and the use of natural resources.

current

(baseline scenario)

, where the natural or social changes from the baseline scenario can be reasonably predicted

| 4. | A description of the
  aspects
  of the environment likely to be significantly affected by the proposed project, including, in particular, population, human health, fauna, flora, biodiversity
  and the ecosystem services it provides,
  land (land take), soil (organic matter, erosion, compaction, sealing), water (quantity and quality), air, climatic factors, climate
  change
  (greenhouse gas emissions, including from land use, land use change and forestry, mitigation potential, impacts relevant to adaptation, if the project takes into account risks associated with climate change), material assets, cultural heritage, including architectural and archaeological ones, landscape; such a description should include the inter-relationship between the above factors, as well as the exposure, vulnerability and resilience of the above factors to natural and man-made disaster risks. |
| --- | --- |

4.

A description of the
  aspects
  of the environment likely to be significantly affected by the proposed project, including, in particular, population, human health, fauna, flora, biodiversity
  and the ecosystem services it provides,
  land (land take), soil (organic matter, erosion, compaction, sealing), water (quantity and quality), air, climatic factors, climate
  change
  (greenhouse gas emissions, including from land use, land use change and forestry, mitigation potential, impacts relevant to adaptation, if the project takes into account risks associated with climate change), material assets, cultural heritage, including architectural and archaeological ones, landscape; such a description should include the inter-relationship between the above factors, as well as the exposure, vulnerability and resilience of the above factors to natural and man-made disaster risks.

aspects

and the ecosystem services it provides,

change

| 4. | A description of the
  factors
  of the environment likely to be significantly affected by the proposed project, including, in particular, population, human health, fauna, flora, biodiversity
  through its fauna and flora
  , land (land take), soil (organic matter, erosion, compaction, sealing), water (quantity and quality), air, climatic factors, climate (greenhouse gas emissions, including from land use, land use change and forestry, mitigation potential, impacts relevant to adaptation, if the project takes into account risks associated with climate change), material assets, cultural heritage, including architectural and archaeological ones, landscape; such a description should include the inter-relationship between the above factors, as well as the exposure, vulnerability and resilience of the above factors to natural and man-made disaster risks. |
| --- | --- |

4.

A description of the
  factors
  of the environment likely to be significantly affected by the proposed project, including, in particular, population, human health, fauna, flora, biodiversity
  through its fauna and flora
  , land (land take), soil (organic matter, erosion, compaction, sealing), water (quantity and quality), air, climatic factors, climate (greenhouse gas emissions, including from land use, land use change and forestry, mitigation potential, impacts relevant to adaptation, if the project takes into account risks associated with climate change), material assets, cultural heritage, including architectural and archaeological ones, landscape; such a description should include the inter-relationship between the above factors, as well as the exposure, vulnerability and resilience of the above factors to natural and man-made disaster risks.

factors

through its fauna and flora

| 5. | A description of the likely significant effects of the proposed project on the environment resulting from, inter alia: |
| --- | --- |

5.

A description of the likely significant effects of the proposed project on the environment resulting from, inter alia:

| 5. | A description of the likely significant effects of the proposed project on the environment resulting from, inter alia: |
| --- | --- |

5.

A description of the likely significant effects of the proposed project on the environment resulting from, inter alia:

| | (a) | the existence of the project; |
| --- | --- | --- |

(a)

the existence of the project;

| | (a) | the existence of the project; |
| --- | --- | --- |

(a)

the existence of the project;

| | (b) | the use of natural resources, in particular land, soil, water, biodiversity
  and the ecosystem services it provides
  ,
  considering as far possible the availability of these resources also in the light of changing climatic conditions
  ; |
| --- | --- | --- |

(b)

the use of natural resources, in particular land, soil, water, biodiversity
  and the ecosystem services it provides
  ,
  considering as far possible the availability of these resources also in the light of changing climatic conditions
  ;

and the ecosystem services it provides

considering as far possible the availability of these resources also in the light of changing climatic conditions

| | (b) | the use of natural resources, in particular land, soil, water, biodiversity
  including flora and fauna
  ; |
| --- | --- | --- |

(b)

the use of natural resources, in particular land, soil, water, biodiversity
  including flora and fauna
  ;

including flora and fauna

| | (c) | the emission of pollutants, noise, vibration, light, heat and radiation, the creation of nuisances, and the elimination of waste; |
| --- | --- | --- |

(c)

the emission of pollutants, noise, vibration, light, heat and radiation, the creation of nuisances, and the elimination of waste;

| | (c) | the emission of pollutants, noise, vibration, light, heat and radiation, the creation of nuisances, and the elimination of waste; |
| --- | --- | --- |

(c)

the emission of pollutants, noise, vibration, light, heat and radiation, the creation of nuisances, and the elimination of waste;

| | (d) | the risks to human health, cultural heritage or the environment (e.g. due to accidents or disasters); |
| --- | --- | --- |

(d)

the risks to human health, cultural heritage or the environment (e.g. due to accidents or disasters);

| | (d) | the risks to human health, cultural heritage or the environment (e.g. due to accidents or disasters)
  reasonably regarded as characteristic to the nature of the project
  ; |
| --- | --- | --- |

(d)

the risks to human health, cultural heritage or the environment (e.g. due to accidents or disasters)
  reasonably regarded as characteristic to the nature of the project
  ;

reasonably regarded as characteristic to the nature of the project

| | (e) | the cumulation of effects with other projects and activities; |
| --- | --- | --- |

(e)

the cumulation of effects with other projects and activities;

| | (e) | the cumulation of effects with other
  existing and/or approved
  projects and activities
  , to the extent situated in the geographical area likely to be affected and not yet constructed or operational, without being obliged to take other information than existing or publicly available information into account
  ; |
| --- | --- | --- |

(e)

the cumulation of effects with other
  existing and/or approved
  projects and activities
  , to the extent situated in the geographical area likely to be affected and not yet constructed or operational, without being obliged to take other information than existing or publicly available information into account
  ;

existing and/or approved

, to the extent situated in the geographical area likely to be affected and not yet constructed or operational, without being obliged to take other information than existing or publicly available information into account

| | (f) | the greenhouse gas emissions, including from land use, land use change and forestry; |
| --- | --- | --- |

(f)

the greenhouse gas emissions, including from land use, land use change and forestry;

| | (f) | the greenhouse gas emissions, including from land use, land use change and forestry; |
| --- | --- | --- |

(f)

the greenhouse gas emissions, including from land use, land use change and forestry;

| | (g) | the technologies and the substances used; |
| --- | --- | --- |

(g)

the technologies and the substances used;

| | (g) | the technologies and the substances used; |
| --- | --- | --- |

(g)

the technologies and the substances used;

| | (h) | hydromorphological changes. |
| --- | --- | --- |

(h)

hydromorphological changes.

| | (h) | hydromorphological changes. |
| --- | --- | --- |

(h)

hydromorphological changes.

| | The description of the likely significant effects should cover the direct effects and any indirect, secondary, cumulative, transboundary, short-, medium- and long-term, permanent and temporary, positive and negative effects of the project. This description should take into account the environmental protection objectives established at EU or Member State level which are relevant to the project. |
| --- | --- |

The description of the likely significant effects should cover the direct effects and any indirect, secondary, cumulative, transboundary, short-, medium- and long-term, permanent and temporary, positive and negative effects of the project. This description should take into account the environmental protection objectives established at EU or Member State level which are relevant to the project.

| | The description of the likely significant effects should cover the direct effects and any indirect, secondary, cumulative, transboundary, short-, medium- and long-term, permanent and temporary, positive and negative effects of the project. This description should take into account the environmental protection objectives established at Union or Member State level which are relevant to the project. |
| --- | --- |

The description of the likely significant effects should cover the direct effects and any indirect, secondary, cumulative, transboundary, short-, medium- and long-term, permanent and temporary, positive and negative effects of the project. This description should take into account the environmental protection objectives established at Union or Member State level which are relevant to the project.

| 6. | The description of the forecasting methods used to assess the effects on the environment referred to in point 5, as well as an account of the main uncertainties involved and their influence on the effect estimates and selection of the preferred alternative. |
| --- | --- |

6.

The description of the forecasting methods used to assess the effects on the environment referred to in point 5, as well as an account of the main uncertainties involved and their influence on the effect estimates and selection of the preferred alternative.

| 6. | The description of the forecasting methods used to assess the effects on the environment referred to in point 5, as well as an account of the main uncertainties involved and their influence on the effect estimates and selection of the preferred alternative. |
| --- | --- |

6.

The description of the forecasting methods used to assess the effects on the environment referred to in point 5, as well as an account of the main uncertainties involved and their influence on the effect estimates and selection of the preferred alternative.

| 7. | A description of the measures envisaged to prevent, reduce and,
  where possible,
  offset any significant adverse effects on the environment referred to in point 5 and, where appropriate, of any proposed monitoring arrangements, including the preparation of a post-project analysis of the adverse effects on the environment. This description should explain the extent to which significant adverse effects are reduced or offset and should cover both the construction and operational phases. |
| --- | --- |

7.

A description of the measures envisaged to prevent, reduce and,
  where possible,
  offset any significant adverse effects on the environment referred to in point 5 and, where appropriate, of any proposed monitoring arrangements, including the preparation of a post-project analysis of the adverse effects on the environment. This description should explain the extent to which significant adverse effects are reduced or offset and should cover both the construction and operational phases.

where possible,

| 7. | A description of the measures envisaged to
  , as a priority,
  prevent
  and
  reduce and,
  as a last resort
  , offset any significant adverse effects on the environment referred to in point 5 and, where appropriate, of any proposed monitoring arrangements, including the preparation of a post-project analysis of the adverse effects on the environment. This description should explain the extent to which significant adverse effects are
  prevented,
  reduced or offset and should cover both the construction and operational phases. |
| --- | --- |

7.

A description of the measures envisaged to
  , as a priority,
  prevent
  and
  reduce and,
  as a last resort
  , offset any significant adverse effects on the environment referred to in point 5 and, where appropriate, of any proposed monitoring arrangements, including the preparation of a post-project analysis of the adverse effects on the environment. This description should explain the extent to which significant adverse effects are
  prevented,
  reduced or offset and should cover both the construction and operational phases.

, as a priority,

and

as a last resort

prevented,

| 8. | An assessment of the natural and man-made disaster risks and risk of accidents to which the project could be vulnerable and, where appropriate, a description of the measures envisaged to prevent such risks, as well as measures regarding preparedness for and response to emergencies (e.g. measures required under Directive
  96/82/EC as amended
  ). |
| --- | --- |

8.

An assessment of the natural and man-made disaster risks and risk of accidents to which the project could be vulnerable and, where appropriate, a description of the measures envisaged to prevent such risks, as well as measures regarding preparedness for and response to emergencies (e.g. measures required under Directive
  96/82/EC as amended
  ).

96/82/EC as amended

| 8. | An assessment of the
  likely
  natural and man-made disaster risks and risk of accidents to which the project could be vulnerable and, where appropriate, a description of the measures envisaged to prevent such risks, as well as measures regarding preparedness for and response to emergencies (e.g. measures required under Directive
  2012/18/EU of the European Parliament and of the Council of 4 July 2012 on the control of major-accident hazards involving dangerous substances, or requirements arising from other Union legislation or international conventions
  ). |
| --- | --- |

8.

An assessment of the
  likely
  natural and man-made disaster risks and risk of accidents to which the project could be vulnerable and, where appropriate, a description of the measures envisaged to prevent such risks, as well as measures regarding preparedness for and response to emergencies (e.g. measures required under Directive
  2012/18/EU of the European Parliament and of the Council of 4 July 2012 on the control of major-accident hazards involving dangerous substances, or requirements arising from other Union legislation or international conventions
  ).

likely

2012/18/EU of the European Parliament and of the Council of 4 July 2012 on the control of major-accident hazards involving dangerous substances, or requirements arising from other Union legislation or international conventions

| 9. | A non-technical summary of the information provided under the above headings. |
| --- | --- |

9.

A non-technical summary of the information provided under the above headings.

| 9. | A non-technical summary of the information provided under the above headings. |
| --- | --- |

9.

A non-technical summary of the information provided under the above headings.

| 10. | An indication of any difficulties (technical deficiencies or lack of knowhow) encountered by the developer in compiling the required information and of the sources used for the descriptions and assessments made, as well as an account of the main uncertainties involved and their influence on the effect estimates and selection of the preferred alternative. |
| --- | --- |

10.

An indication of any difficulties (technical deficiencies or lack of knowhow) encountered by the developer in compiling the required information and of the sources used for the descriptions and assessments made, as well as an account of the main uncertainties involved and their influence on the effect estimates and selection of the preferred alternative.

| 10. | An indication of any difficulties (technical deficiencies or lack of knowhow) encountered by the developer in compiling the required information and of the sources used for the descriptions and assessments made, as well as an account of the main uncertainties involved and their influence on the effect estimates and selection of the preferred alternative. |
| --- | --- |

10.

An indication of any difficulties (technical deficiencies or lack of knowhow) encountered by the developer in compiling the required information and of the sources used for the descriptions and assessments made, as well as an account of the main uncertainties involved and their influence on the effect estimates and selection of the preferred alternative.

---

(1)  The matter was referred back to the committee responsible for reconsideration pursuant to Rule 57(2), second subparagraph (A7-0277/2013).

1

(2)  

  OJ L 316, 14.11.2012, p. 12.

2

OJ L 316, 14.11.2012, p. 12.

(3)  

  OJ L 206, 22.7.1992, p. 7.

3

OJ L 206, 22.7.1992, p. 7.

(4)  
  Council Decision 2005/370/EC of 17 February 2005 (OJ L 124, 17.5.2005, p. 1).

4

Council Decision 2005/370/EC of 17 February 2005 (OJ L 124, 17.5.2005, p. 1).

(*)  
  Number, date and title of the Regulation establishing the Connecting Europe Facility (2011/0302(COD)).

*

Number, date and title of the Regulation establishing the Connecting Europe Facility (2011/0302(COD)).

(**)  
  24 months from the entry into force of this Directive.

**

24 months from the entry into force of this Directive.

---