A4-0343/96

Decision on the common position established by the Council with a view to the adoption of a Council Directive amending Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment (C4-0371/96 - 94/0078(SYN))

(Cooperation procedure: second reading)

The European Parliament,

- having regard to the common position of the Council, C4-0371/96 - 94/0078(SYN) ((OJ C 248, 26.8.1996, p. 75.)),

- having regard to its opinion at first reading ((OJ C 287, 30.10.1995, p. 83. )) on the Commission proposal to the Council, COM(93)0575 ((OJ C 130, 12.5.1994, p. 8.)),

- having regard to the amended Commission proposal, COM(95)0720 ((OJ C 81, 19.3.1996, p. 14.)),

- having been consulted by the Council pursuant to Article 189c of the EC Treaty,

- having regard to Rule 67 of its Rules of Procedure,

- having regard to the recommendation for second reading of the Committee on the Environment, Public Health and Consumer Protection (A4-0343/96),

1. Amends the common position as follows;

2. Instructs its President to forward this decision to the Council and Commission.

(Amendment 1)

Recital 2a (new)

>Text following EP vote>

2a. Whereas, pursuant to Article 130r(2) of the Treaty, 'Community policy on the environment shall be based on the precautionary principle and on the principles that preventive action should be taken, that environmental damage should as a priority be rectified at source ...';

(Amendment 3)

Recital 2b (new)

>Text following EP vote>

2b. Whereas the scope of this Directive should be extended to cover all Community projects and programmes given that, according to the Fifth Community programme of policy and action in relation to the environment and sustainable development, it is essential 'to achieve full integration of environmental and other relevant policies through the active participation of all the main actors in society (administrations, enterprises, general public) through a broadening and deepening of the instruments ...';

(Amendment 4)

Recital 5

>Original text>

5. Whereas it is appropriate to make additions to the list of projects which have significant effects on the environment and which must on that account as a rule be made subject to systematic assessment;

>Text following EP vote>

5. Whereas it is appropriate to make additions to the list of projects which have significant effects on the environment and which must on that account be made subject to systematic assessment;

(Amendment 6)

ARTICLE 1(-1) (new)

Article 1(1) (Directive 85/337/EEC)

>Text following EP vote>

-1. Article 1(1) shall be replaced by the following:

'1. This Directive concerns the assessment of the environmental effects of public and private projects and Community or national programmes which are likely to have significant effects on the environment.'

(Amendment 13)

ARTICLE 1(7)

Article 5(1), introduction (Directive 85/337/EEC

>Original text>

1. In the case of projects which, pursuant to Article 4, must be subjected to an environmental impact assessment in accordance with Articles 5 to 10, Member States shall adopt the necessary measures to ensure that the developer supplies in an appropriate form the information specified in Annex IV inasmuch as:

>Text following EP vote>

1. In the case of projects which, pursuant to Article 4, must be subjected to an environmental impact assessment in accordance with Articles 5 to 10, Member States shall adopt the necessary measures to ensure that the competent authority provides the public concerned with an opportunity to comment prior to defining, in agreement with the authorities referred to in Article 6 and in consultation with the developer, the information specified in Annex IV, which the developer is required to provide, in an appropriate form inasmuch as:

(Amendment 15)

ARTICLE 1(8), SECOND SUBPARAGRAPH

Article 6(2) (Directive 85/337/EEC)

>Original text>

In Article 6(2), the words 'before the project is initiated' shall be replaced by the words 'before development consent is granted'.

>Text following EP vote>

Article 6(2) shall be replaced by the following:

'2. Member States shall ensure that:

- any request for development consent and any information gathered pursuant to Article 5 are made available to the public, as soon as they are available,

>Text following EP vote>

- the public concerned is given the opportunity to express an opinion in writing and/or at a public hearing within a reasonable time limit before the project is authorized.'

(Amendment 16)

ARTICLE 1(9)

Article 7(4) (Directive 85/337/EEC)

>Original text>

4. The Member States concerned shall enter into consultations regarding, inter alia, the potential transboundary effects of the project and the measures envisaged to reduce or eliminate such effects.

>Text following EP vote>

4. The Member States concerned shall enter into consultations, and shall set a reasonable time limit for the length of the consultation period for:

(i) the main alternative solutions to the project, described in accordance with Annex IV, point 2, including the zero option and the most environment- friendly alternative;

>Text following EP vote>

(ii) the measures which may be taken to avoid, reduce and, if possible, offset the adverse transboundary effects and eliminate damage to human health.

(Amendment 20)

ARTICLE 2, second paragraph

>Original text>

On the basis of this report, the Commission shall, where appropriate, submit to the Council additional proposals with a view to ensuring further coordination in the application of this Directive.

>Text following EP vote>

On the basis of this report, the Commission shall, where appropriate, submit to the European Parliament and the Council additional proposals with a view to ensuring further coordination in the application of this Directive.

(Amendment 42)

ARTICLE 3(1), FIRST SUBPARAGRAPH

>Original text>

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 December 1997 at the latest. They shall forthwith inform the Commission thereof.

>Text following EP vote>

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive within two years of its publication. They shall forthwith inform the Commission thereof.

(Amendment 43)

ARTICLE 3(2)

>Original text>

2. If a request for development consent is submitted to a competent authority before 1 January 1998, the provisions of Directive 85/337/EEC prior to these amendments shall continue to apply.

>Text following EP vote>

2. If a request for development consent is submitted to a competent authority before the end of the time limit laid down in paragraph 1, the provisions of Directive 85/337/EEC prior to these amendments shall continue to apply.

(Amendment 22)

ANNEX

Annex I(2) (Directive 85/337/EEC)

>Original text>

2. - Thermal power stations and other combustion installations with a heat output of 300 megawatts or more, and

>Text following EP vote>

2. - Thermal power stations and other combustion installations with a heat output of 100 megawatts or more,

>Original text>

- nuclear power stations and other nuclear reactors including the dismantling or decommissioning of such power stations or reactors (except research installations for the production and conversion of fissionable and fertile materials, whose maximum power does not exceed 1 kilowatt continuous thermal load).

>Text following EP vote>

- nuclear power stations and other nuclear reactors including the dismantling or decommissioning of such power stations or reactors (except research installations for the production and conversion of fissionable and fertile materials, whose maximum power does not exceed 1 kilowatt continuous thermal load), and

- other (in particular hydro-electric) electricity generating installations with an electrical output of 30 megawatts or more.

(Amendment 23)

ANNEX

Annex I(7)(c) (Directive 85/337/EEC)

>Original text>

(c) Construction of a new road of four or more lanes, or realignment and/or widening of an existing road of two lanes or less so as to provide four or more lanes, where such new road, or realigned and/or widened section of road would be 10 km or more in a continuous length.

>Text following EP vote>

(c) Construction of a new road of four or more lanes, or realignment and/or widening of an existing road of two lanes or less so as to provide more lanes, where such new road, or realigned and/or widened section of road would be 10 km or more in a continuous length.

(Amendment 28)

ANNEX

Annex I(18a) (new) (Directive 85/337/EEC)

>Text following EP vote>

18a. The clearing of large areas of woodland or forest.

(Amendment 39)

ANNEX

Annex I(20) (Directive 85/337/EEC)

>Original text>

20. Construction of overhead electrical power lines with a voltage of 225 kV or more and a length of more than 15 km.

>Text following EP vote>

20. Construction of electrical power lines with a voltage of 220 kV or more.

(Amendment 38)

ANNEX

Annex IV(2) (Directive 85/337/EEC)

>Original text>

2. 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.

>Text following EP vote>

2. A description of the main alternatives which might be envisaged, and have been examined by the developer, including the zero option and the most environment-friendly alternative, indicating the main reasons for his choice, and the reasons for rejection of alternatives, taking into consideration the environmental effects.