A4-0174/95

Proposal for a Council Directive amending Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment (COM(93)0575 - C4-0035/94 - 94/0078(SYN))

The proposal was approved with the following amendments:

(Amendment 1)

Citation 4a (new)

>Text following EP vote>

Having regard to the resolution of the Council and the Representatives of the Governments of the Member States, meeting within the Council of 1 February 1993 on a Community programme of policy and action in relation to the environment and sustainable development1,

1 OJ C 138, 17.5.1993, p. 1.

(Amendment 2)

Recital 1

>Original text>

Whereas the main purpose of the environmental assessment procedure under Council Directive 85/337/EEC4 is to provide the competent authorities with relevant information to enable them to make a decision on a specific project in full knowledge of the facts regarding the project's probable impact on the environment; whereas the assessment procedure is therefore a fundamental instrument of environmental policy as defined in Article 130r of the Treaty;

>Text following EP vote>

Whereas the main purpose of the environmental assessment procedure under Council Directive 85/337/EEC4 is to provide the competent authorities with relevant information to enable them to make a decision on a specific project in full knowledge of the facts regarding the project's probable impact on the environment; whereas the assessment procedure is therefore a fundamental instrument of environmental policy as defined in Article 130r of the Treaty and of the Fifth Community programme of policy and action in relation to the environment and sustainable development;

(Amendment 3)

Recital 2

>Original text>

Whereas a sufficient degree of environmental protection must be ensured at Community level by laying down a general assessment framework and criteria for defining those projects which must be submitted for an environmental assessment; whereas, however, in accordance with the subsidiarity principle, the Member States are in the best position to apply those criteria in specific instances;

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Whereas a high degree of environmental protection must be ensured at Community level by laying down a general assessment framework and similar criteria for defining those projects which must be submitted for an environmental assessment;

(Amendment 4)

Recital 2a (new)

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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 ...'; whereas, consequently, the impact assessment procedure should be extended to sectoral policies and programmes and include a zero option;

(Amendment 5)

Recital 2b (new)

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Whereas the conclusions of the Dublin European Council stipulate that the purpose of action by the Community and its Member States must be to guarantee their citizens the right to a clean and healthy environment;

(Amendment 6)

Recital 2c (new)

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Whereas the principle of participatory democracy proclaimed by the European authorities should, in the present context, give the public the right to participate, express their opinions and, if necessary, contest decisions taken by the competent authorities by a system of second opinions; whereas the general public must therefore have available clear and transparent information on the implementation of certain public and private projects and the relevant assessment of their environmental impact;

(Amendment 7)

Recital 2d (new)

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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 8)

Recital 3

>Original text>

Whereas the report on the implementation of Directive 85/337/EEC, as adopted by the Commission on 2 April 1993, shows that there are problems in applying the Directive; whereas certain provisions of the Directive should therefore be clarified so that the assessment procedure may produce greater benefits, but without altering the actual scope of the Member States' obligations under the Directive;

>Text following EP vote>

Whereas the report on the implementation of Directive 85/337/EEC, as adopted by the Commission on 2 April 1993, shows that there are problems in applying the Directive; whereas certain provisions of the Directive should therefore be clarified so that the assessment procedure may produce greater benefits, and in order to avoid possible environmental dumping and prevent large-scale distortions of competition as a result of differences in application;

(Amendment 9)

Recital 3a (new)

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Whereas it is essential to carry out systematically a preliminary cost-benefit analysis before implementing each project;

(Amendment 71)

Recital 3b (new)

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Whereas it is necessary to make the application of the environmental impact assessment criteria more uniform in the various Member States, bearing in mind that differences in the costs of the environmental impact assessment procedure, owing to non-uniform transposition of this Directive, could create a distortion of competition between the Member States;

(Amendment 11)

Recital 4

>Original text>

Whereas it would, nevertheless, appear necessary to introduce provisions designed to improve the rules on the assessment procedure;

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Whereas experience acquired in environmental impact assessment makes it necessary to introduce provisions designed to improve the rules on the assessment procedure;

(Amendment 12)

Recital 5

>Original text>

Whereas additions should be made to the list of projects which have significant effects on the environment and which must on that account be made subject to systematic assessment;

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Whereas additions should be made to the list of projects which have significant effects on the environment (soil, air and water) and which must on that account be made subject to systematic assessment;

(Amendment 13)

Recital 5a (new)

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Whereas particular account should be taken of the fragile ecosystem of islands and whereas it is logical to pay more attention to those which have voluntarily opted to become biosphere reserves;

(Amendment 14)

Recital 6

>Original text>

Whereas it should also be made clear that such assessment is compulsory for the projects listed in Annex II to the Directive which may have a significant effect on the specific environmental protection objectives laid down by mutual agreement at Community level; whereas in all other cases, however, it falls to the Member States to determine whether assessment is necessary in accordance with the selection criteria set out in this Directive;

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Whereas it should also be made clear that such assessment is compulsory for the projects listed in Annex II to the Directive which may have a significant effect on the specific environmental protection objectives laid down by mutual agreement at Community level; whereas in all other cases, however, it falls to the Member States to determine within strict time limits whether assessment is necessary in accordance with the selection criteria set out in this Directive;

(Amendment 15)

Recital 7

>Original text>

Whereas some of these measures bring the provisions of the Directive into line with the Convention on environmental impact assessment in a transboundary context (Espoo Convention), which the Community signed at the same time as the Member States on 25 February 1991,

>Text following EP vote>

Whereas it is necessary to incorporate in this Directive all the provisions of the Convention on environmental impact assessment in a transboundary context (Espoo Convention), which the Community signed at the same time as the Member States on 25 February 1991,

(Amendment 16)

Recital 7a (new)

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Whereas from the point of view of cost-cutting and environmental protection it makes sense to assess the environmental effects during and after completion of a project; whereas, in Article 7 of the Espoo Convention, it is proposed that ex post facto analyses be carried out in order to verify whether the conditions set out in the texts authorizing or approving the activity are in fact being complied with, whether the remedial measures are effective and whether earlier forecasts have proved to be accurate, in order that lessons may be learnt for activities of the same type which will be undertaken in the future; whereas, consequently, such principles should be applied in this Directive;

(Amendment 17)

Recital 7b (new)

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Whereas at Community level steps must be taken to ensure that directives on environmental protection contain the same material requirements for similar projects and that definitions, concepts and procedural specifications correspond; whereas this applies particularly with regard to the compatibility of this Directive with the Directive on integrated pollution prevention and control (IPPC);

(Amendment 18)

Recital 7c (new)

>Text following EP vote>

Whereas the European Environment Agency should be involved in setting the criteria relating to the assessment of environmental impact so as to ensure consistent application of Directive 85/337/EEC;

(Amendment 19)

ARTICLE 1(-1) (new)

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

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-1. Article 1(1) is replaced by the following:

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'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 20)

ARTICLE 1(-1a) (new)

Article 1(2) (Directive 85/337/EEC)

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-1a. In Article 1(2), the definition of the term 'project' is replaced by the following:

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''project¨ means:

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the execution and completion of construction works, installations or other schemes, including the associated works or development required to complete the overall project;'

(Amendment 21)

ARTICLE 1(1)

Article 1(2), new definition (Directive 85/337/EEC)

>Original text>

1. In Article 1(2), the following definition is inserted after the first definition:

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1. In Article 1(2), the following definitions are inserted after the first definition:

>Original text>

''modifications to projects¨ means:

any restructuring of a project which affects it substantially or any substantial change in the conditions of execution or operation of a project;'

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''modifications to projects¨ means:

any restructuring of a project which affects it substantially or any change in the scale of the works, the conditions of execution of a project, including any change in the fuel or raw materials used, or its conditions of operation;

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'alternative¨ means:

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alternative processes and options to the type of activity proposed which would nevertheless meet the objectives of the proposed activity, as well as alternative locations;

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'programme¨ means:

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all the projects, taken together, which serve a single objective;

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'assessment¨ means:

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analysis and consideration, prior to the execution of the project(s) or programme(s) in question, of the various factors which may have an adverse effect, individually or in combination, on the existing environment;

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'zero option¨ means:

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the developments in the environment to be expected if neither the project under consideration nor one of the alternatives is executed;

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'most environment-friendly alternative¨ means:

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that form of a project in which the best existing possibilities for protecting the environment would be applied;'

(Amendment 22)

ARTICLE 1(1a) (new)

Article 1(4) (Directive 85/337/EEC)

>Text following EP vote>

1a. Article 1(4) is deleted.

(Amendment 23)

ARTICLE 1(1b) (new)

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

>Text following EP vote>

1b. Article 1(5) is deleted.

(Amendment 24)

ARTICLE 1(1c) (new)

Article 2(3) (Directive 85/337/EEC)

>Text following EP vote>

1c. Article 2(3) is replaced by the following:

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'3. Member States may, in exceptional cases, and after consulting the European Environment Agency, exempt a specific project, in whole or in part, from the provisions laid down in this Directive.

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In this event, Member States shall:

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(a) consider whether another form of assessment would be appropriate and whether the information thus collected should be made available to the public;

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(b) make available to the public concerned the information relating to the exemption and the reasons for granting it;

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(c) inform the Commission and the European Environment Agency, prior to granting consent, of the reasons justifying the exemption granted and shall provide them with the information which, where appropriate, is made available to their own nationals, whilst giving the latter the opportunity to contest the total or partial exemption of the specific project(s) in question by means of a second opinion.

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The Commission shall immediately forward the documents received, and the opinion of the European Environment Agency, to the other Member States.

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

(Amendment 25)

ARTICLE 1(1d) (new)

Article 3 (Directive 85/337/EEC)

>Text following EP vote>

1d. Article 3 is replaced by the following:

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'Article 3

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The environmental impact assessment will 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 effects of a project on the following factors:

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- the health and safety of human beings, fauna and flora, and the quality of life of human beings,

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- soil, water, air, climate, landscape, historical monuments and buildings or other buildings,

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- material assets and the cultural heritage or the socio-economic conditions resulting from changes thereto,

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- interaction between the factors mentioned in the first, second and third indents.'

(Amendment 26)

ARTICLE 1(2)

Article 4(2) and (3) (Directive 85/337/EEC)

>Original text>

2. Subject to Article 2(3), projects listed in Annex II shall be assessed in accordance with Articles 5 to 10 where they are liable to have a significant effect on the special protection areas designated by Member States pursuant to Community law.

>Text following EP vote>

2. Subject to Article 2(3), projects listed in Annex II shall be assessed in accordance with Articles 5 to 10 where they are liable to have a significant effect on the environmental protection areas designated or proposed by Member States as such areas in accordance with the Birds Directive (79/409/EEC) and/or the Habitats Directive (92/43/EEC) or other Community law, and the areas which Member States have contracted to protect under other international conventions or agreements, on the understanding that the areas specified in paragraph 2 of Annex IIa of this Directive form part of the aforementioned environmental protection areas.

>Original text>

3. In all other cases, projects listed in Annex II shall be examined by the competent authority to determine, on the basis of thresholds set, where appropriate, by Member States and of the selection criteria laid down in Annex IIa, whether their probable environmental impact necessitates assessment in accordance with Articles 5 to 10.

>Text following EP vote>

3. In all other cases, projects listed in Annex II shall be examined by the competent authority and an Advisory Council consisting of NGOs, citizens' and consumers' associations competent in this field to determine, on the basis of thresholds set, where appropriate, by Member States and of the selection criteria laid down in Annex IIa, whether their probable environmental impact necessitates assessment in accordance with Articles 5 to 10.

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3a. If separate projects in Annex II would have the same outcome, the competent authorities may, in consultation with the developer, agree on a simultaneous assessment of these projects.

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In the case of all projects which are to be assessed, the assessments must be carried out by independent experts.

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The competent authority shall report within six weeks whether an assessment in accordance with Articles 5 to 10 is necessary.

>Original text>

Member States shall ensure that decisions taken by the competent authority are published.'

>Text following EP vote>

Member States shall ensure that decisions taken by the competent authority are published and are readily available to the European citizens concerned.'

(Amendment 27)

ARTICLE 1(3)

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

>Original text>

1. In the case of projects which, pursuant to Article 4, must be subject 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 defines, in agreement with the authorities referred to in Article 6 and in consultation with the developer, the information specified in Annex III, which the developer is required to provide, in an appropriate form, in so far as:

>Text following EP vote>

1. In the case of projects which, pursuant to Article 4, must be subject 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 III, which the developer is required to provide, in an appropriate form, in so far as:

(Amendment 28)

ARTICLE 1(4)

Article 5(2) (Directive 85/337/EEC)

>Original text>

4. Article 5(2) is deleted.

>Text following EP vote>

Deleted

(Amendment 29)

ARTICLE 1(5)

Article 5(3) (Directive 85/337/EEC)

>Original text>

3. Member States shall ensure that any authorities holding relevant information, regard being had in particular to Article 3, shall make this information available to the developer.

>Text following EP vote>

3. Member States shall ensure that the authorities make available to the developer or to the consultant carrying out the environmental impact assessment any reports or other documents or information at their disposal which they consider to be of possible use for the execution of the assessment.

(Amendment 30)

ARTICLE 1(5a) (new)

Article 5(3a) (new) (Directive 85/337/EEC)

>Text following EP vote>

5a. In Article 5, a new paragraph 3a is inserted:

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'3a. The environmental impact assessments shall be carried out by teams whose members have the appropriate qualifications, capacity and experience.

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In order to verify compliance with the above requirement, the Member States shall, in their various fields of competence, draw up public registers of teams or enterprises specializing in environmental impact assessments.

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The competent public authorities shall establish the minimum standards necessary for such registration.

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Inclusion in the register shall be a necessary requirement for the environmental impact assessment to be valid.'

(Amendment 31)

ARTICLE 1(5b) (new)

Article 5a (new) (Directive 85/337/EEC)

>Text following EP vote>

5b. A new Article 5a is inserted after Article 5:

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'Article 5a

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The teams and enterprises which draw up environmental impact assessments are responsible for the contents and for the reliability of the data contained in them, except for the parameters relating to the project, the information received from the developer and that demonstrably received from the public authority. The developer of a project under assessment is responsible in a subsidiary capacity with the author of the study and the author of the project for the information included in the Environmental Impact Assessment.'

(Amendment 32)

ARTICLE 1(7)

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

>Original text>

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

>Text following EP vote>

7. Article 6(2) is replaced by the following:

'2. Member States shall adopt all measures necessary to ensure that 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, and in particular that:

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- 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,

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- 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 development consent is granted.

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These projects are defined in Article 4.'

(Amendment 33)

ARTICLE 1(8)

Article 7(2) (Directive 85/337/EEC)

>Original text>

2. The Member States concerned shall enter into consultations, setting a reasonable timetable for:

>Text following EP vote>

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

>Original text>

(i) the main alternative solutions to the project which have been examined;

>Text following EP vote>

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

>Original text>

(ii) the measures which may be taken to avoid, reduce and, if possible, offset the adverse transboundary effects;

>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;

>Original text>

(iii) possible forms of mutual assistance to lessen any major harmful transboundary impact caused by the proposed project;

>Text following EP vote>

(iii) possible forms of mutual assistance to reduce any major harmful transboundary impact caused by the proposed project and eliminate damage to human health;

>Original text>

(iv) the measures which may be taken to ensure the monitoring of the transboundary effects of the project at the expense of the Member State in which the project is proposed.

>Text following EP vote>

(iv) ascertaining the parameters used to define the pollution factors listed in the Annexes.

The consultations shall be conducted through the European Environment Agency.

(Amendment 84)

ARTICLE 1(8)

Article 7(3a) (new) (Directive 85/337/EEC)

>Text following EP vote>

3a. Third countries that are subsidized by the EU for public works that may have environmental repercussions on a Member State shall have to comply with the provisions of this Directive.

(Amendment 34)

ARTICLE 1(10)

Article 9 (Directive 85/337/EEC)

>Original text>

When a decision has been taken, the competent authority or authorities shall publish it, and, where appropriate, inform the other Member State which has been consulted pursuant to Article 7 thereof, indicating:

>Text following EP vote>

When a decision has been taken, the competent authority or authorities shall publish it, indicating:

>Original text>

- the content of the decision and any conditions attached thereto;

>Text following EP vote>

- the content of the decision and any conditions attached thereto; if necessary a condition might be that the developer shall provide compensation for the loss of any natural asset;

>Original text>

- the reasons and considerations on which its decision to refuse to grant development consent, or to grant development consent despite receiving unfavourable opinions pursuant to Articles 6 and 7, is based;

>Text following EP vote>

- the reasons and considerations on which its decision to refuse to grant development consent, or to grant development consent despite receiving unfavourable opinions pursuant to Articles 6 and 7, is based;

>Original text>

- a description, where necessary, of the measures to avoid, reduce and, if possible, offset the major adverse effects.'

>Text following EP vote>

- a description, where necessary, of the measures to avoid, reduce and, if possible, offset the major adverse effects.

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The detailed arrangements for such information shall be determined by the Member States.'

(Amendment 36)

ARTICLE 1(10a) (new)

Article 9a (new) (Directive 85/337/EEC)

>Text following EP vote>

10a. The following new Article 9a is inserted after Article 9:

>Text following EP vote>

'Article 9a

>Text following EP vote>

1. The Member States shall instruct the competent authorities, if necessary, to ensure that an assessment is carried out of environmental effects which emerge during or after execution of the project.

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2. The developer shall offer full cooperation if the competent authorities, during the execution of the project or after its completion, ask for information for the purposes of the assessment referred to in paragraph 1.

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3. Should very great differences between the expected and actual environmental effects be ascertained, the competent authorities may take appropriate measures.'

(Amendment 37)

ARTICLE 1(10b) (new)

Article 9b (new) (Directive 85/337/EEC)

>Text following EP vote>

10b. The following new Article 9b is inserted after Article 9:

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'Article 9b

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The Member States shall adopt the measures necessary to ensure that the effects of the execution of the project are checked and that the results of the check or of appropriate measures proposed by the competent authority to reduce or compensate for any substantial negative environmental effect ascertained, or to eliminate damage to human health, are made available to the public concerned or, possibly, the Member States which may suffer damage.'

(Amendment 38)

ARTICLE 1(10c) (new)

Article 9c (new) (Directive 85/337/EEC)

>Text following EP vote>

10c. The following new Article 9c is inserted after Article 9:

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'Article 9c

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1. The Commission, when reviewing the effectiveness of this Directive, shall be assisted by an ad hoc committee composed of representatives from the Member States and chaired by a representative of the Commission. The European Environment Agency shall also be involved in the committee's work.

>Text following EP vote>

2. On the basis of the exchanges of information provided for in Article 12, or on the advice of the committee, the Commission shall submit to the committee proposals for measures to be taken with a view to amending the Directive, should this be necessary. The committee shall deliver its opinion on such proposals within a time limit to be specified by its chairman in accordance with the urgency of the problem concerned. Its opinion shall be delivered by the majority stipulated in Article 148(2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the Member States' representatives on the committee shall be weighted as stipulated in that Article. The chairman shall not take part in the vote.

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3. (a) The Commission shall adopt the measures envisaged if they are consistent with the opinion of the committee.

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(b) If the measures envisaged are not consistent with the opinion of the committee, or if no opinion has been delivered, the Commission shall, without delay, submit to the Council a proposal relating to the measures to be taken. The Council shall adopt a decision by a qualified majority.

>Text following EP vote>

If, at the end of a period of three months following the date on which the Council is consulted, the Council has not adopted a decision, the proposed measures shall be adopted by the Commission, unless the Council has rejected the measures in question by a simple majority.'

(Amendment 39)

ARTICLE 1(10d) (new)

Article 9d (new) (Directive 85/337/EEC)

>Text following EP vote>

10d. The following new Article 9d is inserted after Article 9:

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'Article 9d

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1. When financing of the European Union Institutions is granted for projects outside the Union which are likely to have significant effects on the environment, a pre-requisite for it is that the third country or countries involved fully accept for such projects to adhere to the procedures laid down in this Directive, and the Espoo Convention.

>Text following EP vote>

2. In this respect the Commission is the responsible body for establishing whether a project is likely to have significant effects on the environment.'

(Amendment 40)

ARTICLE 1(11a) (new)

Article 12(1) (Directive 85/337/EEC)

>Text following EP vote>

11a. Article 12(1) is replaced by the following:

>Text following EP vote>

'1. Member States shall take the measures necessary to comply with this Directive within two years of its notification.'

(Amendment 41)

ARTICLE 2(2)

>Original text>

2. If a request for development consent has been submitted to a competent authority before 1 July 1996, 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 has been submitted to a competent authority before the entry into force of this Directive, i.e. the twentieth day following its publication in the Official Journal of the European Communities, the provisions of Directive 85/337/EEC prior to these amendments shall continue to apply.

(Amendment 42)

ANNEX (-1) (new)

Annex I(1) (Directive 85/337/EEC)

>Text following EP vote>

-1. Point 1 in Annex I is replaced by the following:

>Text following EP vote>

'1. Crude-oil refineries, including the manufacture of lubricants, and installations for the gasification and liquefaction of 500 tonnes or more of coal or bituminous shale per day.'

(Amendment 43)

ANNEX (-1a) (new)

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

>Text following EP vote>

-1a. Point 2 in Annex I is replaced by the following:

>Text following EP vote>

'2. Thermal power stations and other combustion installations with a heat output of 100 megawatts or more and nuclear power stations and other nuclear 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 hydroelectric) electricity generating installations with an electrical output of 30 megawatts or more.'

(Amendment 44)

ANNEX (1)

Annex I(3) (Directive 85/337/EEC)

>Original text>

'3.(a) Installations for the reprocessing of irradiated nuclear fuel;

>Text following EP vote>

'3.(a) Installations for the production of nuclear fuel and the reprocessing of irradiated nuclear fuel;

>Original text>

(b) Installations designed solely for the permanent storage or final disposal of radioactive waste storage installations for radioactive waste or irradiated fuel.'

>Text following EP vote>

(b) Installations designed solely for the production or enrichment of nuclear fuels, the processing of irradiated nuclear fuels or other radioactive waste, the permanent or temporary storage and/or the disposal and/or the processing of radioactive waste or irradiated nuclear fuel;

>Text following EP vote>

(ba) The dismantling of nuclear power stations.'

(Amendment 45)

ANNEX (1a) (new)

Annex I(4) (Directive 85/337/EEC)

>Text following EP vote>

1a. Point 4 in Annex I is replaced by the following:

>Text following EP vote>

'4. Large-scale installations for the initial processing of cast iron and steel and for the production of non-ferrous metals.'

(Amendment 46)

ANNEX (3a) (new)

Annex I(9) (Directive 85/337/EEC)

>Text following EP vote>

3a. Point 9 in Annex I is replaced by the following:

>Text following EP vote>

'9. Waste disposal installations for the incineration, chemical treatment or landfill of toxic and dangerous wastes, and installations for the incineration of domestic waste with a capacity of more than 300 tonnes per day.'

(Amendment 47)

ANNEX (3b) (new)

Annex I(9a) to (9w) (new) (Directive 85/337/EEC)

>Text following EP vote>

3b. The following points are added to Annex I:

>Text following EP vote>

'9a. Solid urban waste incineration plants with a capacity of over 300 tonnes per day.

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9b. Long-distance oil and gas pipeline installations with a diameter of more than 800 millimetres.

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9c. Large dams and reservoirs.

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9d. Ground-water capture schemes where the annual volume of water captured is equivalent to or exceeds 10 million cubic metres.

9e. Works for the transfer of water resources between river basins.

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9f. Waste water treatment plants with a capacity exceeding 300 000 population equivalents, including the management and treatment of the sludge.

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9g. Installations for the manufacture of paper and pulp producing no less than 200 tonnes of air-dried product per day.

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9h. Large-scale mining activity, extraction and on-site processing of metal- bearing ores or coal.

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9i. Installations for the production of hydrocarbons at sea.

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9j. Large-scale installations for the storage of petroleum, petrochemical or chemical products.

>Text following EP vote>

9k. The clearing of large areas of woodland or forest.

>Text following EP vote>

9l. Any of the industrial installations listed in Annex I to Directive 82/501/EEC1 (Seveso Directive).

1 OJ L 230, 5.8.1982, p. 1.

>Text following EP vote>

9m. Major electricity distribution networks, including all power lines with a voltage exceeding 50 000 volts.

>Text following EP vote>

9n. Dams and other installations designed for the holding back or permanent storage of water with a capacity of more than 100 Hm3.

>Text following EP vote>

9o. Construction and development of roads (widening and dual carriageway schemes), ports and port installations, including fishing harbours).

>Text following EP vote>

9p. The construction of airports and expansion of airport capacity.

>Text following EP vote>

9q. The manufacture, processing and packaging of chemical products and intermediate chemical products.

>Text following EP vote>

9r. The manufacture, processing and packaging of pesticides, chemical fertilizers, pharmaceutical products, paints and varnishes, elastomers and peroxides.

>Text following EP vote>

9s. Intensive livestock farms whose capacity exceeds 100 livestock units (LU) and which produce more than 170 kg of nitrogen per hectare of spreading area.

>Text following EP vote>

9t. Livestock waste management installations.

>Text following EP vote>

9u. Intensive fish or shellfish farming.

>Text following EP vote>

9v. All projects financed either by the Structural Funds or the Cohesion Fund, or by various Community programmes, and which have a significant potential impact on the environment.

>Text following EP vote>

9w. Any installation in which genetically modified organisms are produced or used, any deliberate release of genetically modified organisms into the environment and the transport of such organisms.'

(Amendment 65)

ANNEX (4)

Annex II (1)(c) (Directive 85/337/EEC)

>Original text>

(c) Afforestation, reafforestation and deforestation.

>Text following EP vote>

(c) Afforestation and reafforestation using species different from those of the previous forest, and deforestation.

(Amendment 49)

ANNEX (4)

Annex II(1)(fa) (new) (Directive 85/337/EEC)

>Text following EP vote>

(fa) Cultivation of crops for biofuels.

(Amendment 50)

ANNEX (5a) (new)

Annex II(2) and (3) (Directive 85/337/EEC)

>Text following EP vote>

5a. The following new points are added under points 2 and 3 in Annex II:

>Text following EP vote>

2. Extractive Industry

Extraction of oil.

Turf stripping and/or soil removal where part of another project category.

Extraction of minerals by marine dredging.

Extraction of surface water or ground water.

>Text following EP vote>

3. Energy Industry

Installations for the generation of electricity using renewable technologies.

Installations for the processing of biofuels.

Large-scale installations for the harnessing of wind power for energy production (wind farms).

(Amendment 51)

ANNEX (7)

Annex II(11) (Directive 85/337/EEC)

>Original text>

11. Other projects

>Text following EP vote>

11. Other projects

>Original text>

(a) Permanent racing and test tracks for cars and motor cycles.

>Text following EP vote>

(a) Permanent racing and test tracks.

>Original text>

(b) Installations for the disposal of industrial and domestic waste (unless included in Annex I).

>Text following EP vote>

(b) Installations for the disposal of industrial and domestic waste (unless included in Annex I).

>Original text>

(c) Waste water treatment plants.

>Text following EP vote>

(c) Waste water treatment plants.

>Original text>

(d) Sludge-deposition sites.

>Text following EP vote>

(d) Sludge-deposition sites.

>Original text>

(e) Storage of scrap iron.

>Text following EP vote>

(e) Storage of scrap iron and scrap vehicles.

>Original text>

(f) Test benches for engines, turbines or reactors.

>Text following EP vote>

(f) Test benches for engines, turbines or reactors.

>Original text>

(g) Manufacture of artificial mineral fibres.

>Text following EP vote>

(g) Manufacture of artificial mineral fibres

>Original text>

(h) Manufacture, packing, loading or placing in cartridges of gunpowder and explosives.

>Text following EP vote>

(h) Manufacture, packing, loading or placing in cartridges of gunpowder and explosives.

>Original text>

(i) Knackers' yards.'

>Text following EP vote>

(i) Knackers' yards.

>Text following EP vote>

(ia) Major projects for defence purposes.

>Text following EP vote>

(ib) Telecommunications installations.

>Text following EP vote>

(ic) Installations for the removal or reduction of industrial emissions to the atmosphere.

>Text following EP vote>

(id) Waste and potable water treatment plants.

>Text following EP vote>

(ie) Cabling and trenching operations.

>Text following EP vote>

(if) Cable cars.

(Amendment 52)

ANNEX (8)

Annex II(11a) (Directive 85/337/EEC)

>Original text>

11a. Tourism and leisure

>Text following EP vote>

11a. Tourism and leisure

>Original text>

(a) Ski-runs, bobsleigh tracks and ski-lifts and artificial snow installations.

>Text following EP vote>

(a) Ski-runs, (including dry ski slopes), bobsleigh tracks and ski-lifts and artificial snow installations, and projects to intensify their use.

>Original text>

(b) Golf courses and associated developments.

>Text following EP vote>

(b) Golf courses and associated developments.

>Original text>

(c) Marinas.

>Text following EP vote>

(c) Marinas, docks and ports for laying up and all associated constructions.

>Original text>

(d) Holiday villages, hotel complexes and associated developments.

>Text following EP vote>

(d) Holiday villages, hotel complexes and associated developments.

>Original text>

(e) Camp sites and caravan sites.

>Text following EP vote>

(e) Camp sites and caravan sites.

>Original text>

(f) Leisure centres.

>Text following EP vote>

(f) Leisure centres.

>Text following EP vote>

(fa) Reception centres.

(Amendment 53)

ANNEX (8)

Annex II(11b) (Directive 85/337/EEC)

>Original text>

11b. Land-use projects

(a) Changes in the use of uncultivated land, semi-natural areas and natural or semi-natural forests.

>Text following EP vote>

11b. Land-use projects, insofar as they are not covered by other projects under this Annex.

>Original text>

(b) Reclamation of land from the sea.

(Amendment 54)

ANNEX (9a) (new)

Annex II(12a) and (12b) (new) (Directive 85/337/EEC)

>Text following EP vote>

9a. The following points are inserted in Annex II:

>Text following EP vote>

'12a. Modifications to projects included in Annex I or Annex II which entail expansion of such projects, the renewal of development consent or a change in operations, including dismantling.

>Text following EP vote>

12b. All other projects liable to have a significant impact on the environment.'

(Amendment 55)

ANNEX (10)

Annex IIa(1), indent 6a (new) (Directive 85/337/EEC)

>Text following EP vote>

- the rational use of energy including conservation and economy.

(Amendment 56)

ANNEX (10)

Annex IIa(2), second paragraph (new)(Directive 85/337/EEC)

>Text following EP vote>

The absorption capacity of the land must also be indicated in the town planning instruments, with a detailed study of the areas allocated to different uses, and the projects must contain objective criteria ensuring compatibility with the absorption capacity.

(Amendment 57)

ANNEX (11)

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

>Original text>

2. A description of the main alternatives which might be envisaged and an indication of the main reasons for the developer's 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.

(Amendment 67)

ANNEX (11a) (new)

Annex III(5a) (new) (Directive 85/337/EEC)

>Text following EP vote>

11a. The following new point 5a is added to Annex III:

'5a. A description of the insurance cover against any damage caused to the environment as a result of any stage of the project's implementation'

Legislative resolution embodying Parliament's opinion on the proposal for a Council Directive amending Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment (COM(93)0575 - C4-0035/94 - 94/0078(SYN))

(Cooperation procedure: first reading)

The European Parliament,

- having regard to the Commission proposal to the Council, COM(93)0575 - 94/0078(SYN) (( OJ C 130, 12.5.1994, p. 8.)),

- having been consulted by the Council pursuant to Articles 189c and 130s(1) of the EC Treaty (C4-0035/94),

- having regard to Rule 58 of its Rules of Procedure,

- having regard to the report of the Committee on the Environment, Public Health and Consumer Protection and the opinions of the Committee on Economic and Monetary Affairs and Industrial Policy, the Committee on Research, Technological Development and Energy, the Committee on Transport and Tourism and the Committee on Agriculture and Rural Development (A4-0174/95),

1. Approves the Commission proposal, subject to Parliament's amendments;

2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 189a(2) of the EC Treaty;

3. Calls on the Council to incorporate Parliament's amendments in the common position that it adopts in accordance with Article 189c(a) of the EC Treaty;

4. Calls for the conciliation procedure to be opened should the Council intend to depart from the text approved by Parliament;

5. Asks to be consulted again should the Council intend to make substantial modifications to the Commission proposal;

6. Instructs its President to forward this opinion to the Council and Commission.