Amendments adopted by the European Parliament on 23 October 2018 on the proposal for a Regulation of the European Parliament and of the Council on the alignment of reporting obligations in the field of environment policy and thereby amending Directives 86/278/EEC, 2002/49/EC, 2004/35/EC, 2007/2/EC, 2009/147/EC and 2010/63/EU, Regulations (EC) No 166/2006 and (EU) No 995/2010, and Council Regulations (EC) No 338/97 and (EC) No 2173/2005 (COM(2018)0381 — C8-0244/2018 — 2018/0205(COD))
Date: 2018-10-23
Institutions: Committee on Agriculture and Rural Development, Committee on Industry, Research and Energy, Committee on Legal Affairs, Committee on the Environment, Climate and Food Safety, European Parliament
Subjects: EU Member State, EU environmental policy, access to information, application of EU law, environmental law, environmental monitoring, environmental protection, exchange of information, report




C_2020345EN.01019901.xml










16.10.2020   


EN


Official Journal of the European Union


C 345/199






P8_TA(2018)0399
Alignment of reporting obligations in the field of environment policy ***I
Amendments adopted by the European Parliament on 23 October 2018 on the proposal for a Regulation of the European Parliament and of the Council on the alignment of reporting obligations in the field of environment policy and thereby amending Directives 86/278/EEC, 2002/49/EC, 2004/35/EC, 2007/2/EC, 2009/147/EC and 2010/63/EU, Regulations (EC) No 166/2006 and (EU) No 995/2010, and Council Regulations (EC) No 338/97 and (EC) No 2173/2005 (COM(2018)0381 — C8-0244/2018 — 2018/0205(COD)) (1)

(Ordinary legislative procedure: first reading)
(2020/C 345/34)

Amendment 1


Proposal for a regulation


Title








Text proposed by the Commission




Amendment





Proposal for a


Proposal for a




REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL


REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL




on the alignment of reporting obligations in the field of 
environment policy
 and thereby amending Directives 86/278/EEC, 2002/49/EC, 2004/35/EC, 2007/2/EC, 2009/147/EC and 2010/63/EU, Regulations (EC) No 166/2006 and (EU) No 995/2010, and Council Regulations (EC) No 338/97 and (EC) No 2173/2005


on the alignment of reporting obligations in the field of 
legislation related to the environment
 and thereby amending Directives 86/278/EEC, 2002/49/EC, 2004/35/EC, 2007/2/EC, 2009/147/EC and 2010/63/EU, Regulations (EC) No 166/2006 and (EU) No 995/2010, and Council Regulations (EC) No 338/97 and (EC) No 2173/2005




(Text with EEA relevance)


(Text with EEA relevance)





Amendment 2


Proposal for a regulation


Recital 1








Text proposed by the Commission




Amendment











(1)


In order to address the need for implementation and compliance information, amendments of several pieces of 
environmental
 legislation should be introduced taking into account the results of the Commission Report on Actions to Streamline Environmental Report (45) and its related Fitness Check (46).












(1)


In order to address the need for implementation and compliance information, amendments of several pieces of legislation 
related to the environment
 should be introduced, taking into account the results of the Commission Report on Actions to Streamline Environmental Report (45) and its related Fitness Check (46).









Amendment 3


Proposal for a regulation


Recital 1 a (new)








Text proposed by the Commission




Amendment





 










(1a)






This Regulation seeks to modernise information management and ensure a more consistent approach to the legislative acts within its scope by simplifying reporting so as to reduce the administrative burden, enhancing the database for future evaluations, and increasing transparency for the benefit of the public, each time in accordance with the circumstances.











Amendment 4


Proposal for a regulation


Recital 2








Text proposed by the Commission




Amendment











(2)


It is necessary that accessibility to data should ensure that the administrative burden on all entities remains as limited as possible. It requires active dissemination at national level in accordance with Directives 2003/4/EC (47) and 2007/2/EC (48) of the European Parliament and of the Council and their implementing rules, to ensure the appropriate infrastructure for public access, reporting and data-sharing between public authorities.












(2)


It is necessary that accessibility to data should ensure that the administrative burden on all entities remains as limited as possible
, especially on non-governmental entities such as small and medium enterprises (SMEs)
. It requires active dissemination at national level in accordance with Directives 2003/4/EC (47) and 2007/2/EC (48) of the European Parliament and of the Council and their implementing rules, to ensure the appropriate infrastructure for public access, reporting and data-sharing between public authorities.









Amendment 5


Proposal for a regulation


Recital 3








Text proposed by the Commission




Amendment











(3)




Data reported by Member States are
 essential for the Commission to monitor, review and assess the performance of the legislation against the objectives it pursues in order to inform any future evaluation of the legislation, in accordance with paragraph 22 of the Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making of 13 April 2016 (49). It is appropriate to add provisions to several legislative acts in the environmental sector for the purpose of their future evaluation, on the basis of data collected during implementation, possibly complemented by additional scientific, analytical data. In that context, there is a need for relevant data that will allow better assessment of the efficiency, effectiveness, relevance, coherence and EU value added of Union legislation, hence the necessity to ensure appropriate reporting mechanisms that can also serve as indicators for this purpose.












(3)




The process of Member States’ comprehensive and timely reporting of relevant data is
 essential for the Commission to monitor, review and assess the performance of the legislation against the objectives it pursues in order to inform any future evaluation of the legislation, in accordance with paragraph 22 of the Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making of 13 April 2016 (49). It is appropriate to add provisions to several legislative acts in the environmental sector for the purpose of their future evaluation, on the basis of data collected during implementation, possibly complemented by additional scientific, analytical data. In that context, there is a need for relevant data that will allow better assessment of the efficiency, effectiveness, relevance, coherence and EU value added of Union legislation, hence the necessity to ensure appropriate reporting mechanisms that can also serve as indicators for this purpose 
both for decision-makers and for the general public
.









Amendment 6


Proposal for a regulation


Recital 5








Text proposed by the Commission




Amendment











(5)


In accordance with the evaluation of Directive 2002/49/EC of the European Parliament and of the Council (50) there is a need to streamline the reporting deadlines for noise maps and action plans to allow sufficient time for public consultation of action plans. To that end, and for one time only, the deadline for the review or revision of the action plans is postponed by one year so that the deadline of the next round (the fourth round) of action plans is not 18 July 2023 but 18 July 2024. Thus, from the fourth round onwards, the Member States will have approximately two years between making the noise maps and completing the review or revision of action plans instead of one year as currently the case. For the following rounds of action planning, the five years cycle for the review or revision will then resume. Moreover, in order to better meet the objectives of the Directive 2002/49/EC and to provide a basis for developing measures at Union level, reporting by Member States should be carried out by electronic means. It is also necessary to enhance public participation by requiring 
certain
 information to be made publicly available while aligning this obligation to other Union legislation, such as Directive 2007/2/EC, without duplicating practical requirements.












(5)


In accordance with the evaluation of Directive 2002/49/EC of the European Parliament and of the Council (50) there is a need to streamline the reporting deadlines for noise maps and action plans to allow sufficient time for public consultation of action plans. To that end, and for one time only, the deadline for the review or revision of the action plans is postponed by one year so that the deadline of the next round (the fourth round) of action plans is not 18 July 2023 but 18 July 2024. Thus, from the fourth round onwards, the Member States will have approximately two years between making the noise maps and completing the review or revision of action plans instead of one year as currently the case. For the following rounds of action planning, the five years cycle for the review or revision will then resume. Moreover, in order to better meet the objectives of the Directive 2002/49/EC and to provide a basis for developing measures at Union level, reporting by Member States should be carried out by electronic means. It is also necessary to enhance public participation by requiring 
comprehensible, accurate and comparable
 information to be made publicly available while aligning this obligation to other Union legislation, such as Directive 2007/2/EC, without duplicating practical requirements.









Amendment 7


Proposal for a regulation


Recital 7








Text proposed by the Commission




Amendment











(7)


Based on the Commission report to the Council and the European Parliament concerning the implementation of Directive 2007/2/EC and the REFIT evaluation (52), it is appropriate, with a view to simplifying the implementation of that Directive and reducing administrative burden related to monitoring by Member States, to no longer require Member States to send to the Commission triennial reports, and the Commission to present to the European Parliament and to the Council a summary report, because the reporting Fitness Check confirmed the limited use of such reports (53).












(7)


Based on the Commission report to the Council and the European Parliament concerning the implementation of Directive 2007/2/EC and the REFIT evaluation (52), it is appropriate, with a view to simplifying the implementation of that Directive and reducing administrative burden related to monitoring by Member States, to no longer require Member States to send to the Commission triennial reports, and the Commission to present to the European Parliament and to the Council a summary report, because the reporting Fitness Check confirmed the limited use of such reports (53). 
Nevertheless, the Commission should continue to carry out, at regular intervals, an evaluation of that Directive and make that evaluation publicly available.











Amendment 8


Proposal for a regulation


Recital 9








Text proposed by the Commission




Amendment











(9)


It is necessary to amend the reporting obligations laid down in Articles 43, 54 
and
 57 of Directive 2010/63/EU of the European Parliament and of the Council (56). These provisions include, with the objective of improving transparency and reducing administrative burden, the establishment of a central, open-access searchable database for non-technical project summaries and related retrospective assessments, conferral of implementing powers on the Commission to establish a common format for the submission of non-technical project summaries and related retrospective assessments, information on implementation and replacing the three-yearly statistical reporting by the Commission by the requirement of setting up a dynamic central database hosted by the Commission and releasing information on a yearly basis.












(9)


It is necessary to amend the reporting obligations laid down in Articles 43, 54, 57 
and 58
 of Directive 2010/63/EU of the European Parliament and of the Council (56). These provisions include, with the objective of improving transparency and reducing administrative burden, the establishment of a central, open-access searchable database for non-technical project summaries and related retrospective assessments, conferral of implementing powers on the Commission to establish a common format for the submission of non-technical project summaries and related retrospective assessments, information on implementation and replacing the three-yearly statistical reporting by the Commission by the requirement of setting up a dynamic central database hosted by the Commission and releasing information on a yearly basis. 
In light of a Commission report in 2017

 (56a)

, the clause for a review of that Directive as laid down in Article 58 therein should be reconsidered with a view to a future revision.











Amendment 9


Proposal for a regulation


Recital 14 a (new)








Text proposed by the Commission




Amendment





 










(14a)






Directives 86/278/EEC, 2002/49/EC, 2004/35/EC, 2007/2/EC, 2009/147/EC and 2010/63/EU, Regulations (EC) No 166/2006 and (EU) No 995/2010, and Regulations (EC) No 338/97 and (EC) No 2173/2005 should therefore be amended accordingly,











Amendment 10


Proposal for a regulation


Article 1 — paragraph 1 — point - 1 (new)

Directive 86/278/EEC
Article 2 — paragraph 1 — point d a (new)







Text proposed by the Commission




Amendment





 





-1.
   
In Article 2, the following point is added:










‘(da)






“spatial data services”: means the operations which may be performed, by invoking a computer application, on the spatial data contained in spatial data sets or on the related metadata as defined in Article 3(4) of Directive 2007/2/EC of the European Parliament and of the Council

 (*1)

;












Amendment 11


Proposal for a regulation


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

Directive 86/278/EEC
Article 2 — paragraph 1 — point d b (new)







Text proposed by the Commission




Amendment





 





-1a.
   
In Article 2, the following point is added:







 










‘(db)






“spatial data set”: means an identifiable collection of spatial data as defined in Article 3(3) of Directive 2007/2/EC.’.











Amendment 12


Proposal for a regulation


Article 1 — paragraph 1 — point 1

Directive 86/278/EEC
Article 10 — paragraph 1 — point d







Text proposed by the Commission




Amendment













(d)






the names and addresses of the recipients of the sludge and the place where the sludge is to be used;










deleted







Amendment 13


Proposal for a regulation


Article 1 — paragraph 1 — point 1

Directive 86/278/EEC
Article 10 — paragraph 1 — point e







Text proposed by the Commission




Amendment













(e)






any other information with regard to the transposition and implementation of this Directive provided by the Member States to the Commission pursuant to Article 17.










deleted







Amendment 14


Proposal for a regulation


Article 1 — paragraph 1 — point 1

Directive 86/278/EEC
Article 10 — paragraph 1 — subparagraph 2







Text proposed by the Commission




Amendment





Spatial data services 
as defined in Article 3(4) of Directive 2007/2/EC of the European Parliament and of the Council*
 shall be used to present the spatial data sets included in the information registered in those records.


Spatial data services shall be used to present the spatial data sets included in the information registered in those records.





Amendment 15


Proposal for a regulation


Article 1 — paragraph 1 — point 1

Directive 86/278/EEC
Article 10 — paragraph 2 — subparagraph 1







Text proposed by the Commission




Amendment





The records referred to in paragraph 1 shall be made available to the public for each calendar year, within three months of the end of the relevant calendar year, in a consolidated format as laid down in the Annex to Commission Decision 94/741/EC** or another format provided pursuant to Article 17.


The records referred to in paragraph 1 shall be made available 
and easily accessible
 to the public for each calendar year, within three months of the end of the relevant calendar year, in a consolidated format as laid down in the Annex to Commission Decision 94/741/EC** or another format provided pursuant to Article 17.





Amendment 16


Proposal for a regulation


Article 1 — paragraph 1 — point 1

Directive 86/278/EEC
Article 10 — paragraph 3







Text proposed by the Commission




Amendment






3.   Information on the methods of treatment and the results of the analyses shall be released 
upon request
 to the competent authorities.




3.   Information on the methods of treatment and the results of the analyses shall be released to the competent authorities.






Amendment 50


Proposal for a regulation


Article 1 — paragraph 1 — point 2

Directive 86/278/EEC
Article 17







Text proposed by the Commission




Amendment





The Commission is empowered to lay down, by means of an implementing act, a format in accordance with which Member States are to provide information on the implementation of Directive 86/278/EEC as required by Article 10 of this Directive. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 15(2). The Commission services shall publish a Union-wide overview including maps on the basis of the data made available by the Member States pursuant to Articles 10 and 17.


The Commission is empowered to lay down, by means of an implementing act, a format in accordance with which Member States are to provide information on the implementation of Directive 86/278/EEC as required by Article 10 of this Directive. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 15(2). The Commission services shall publish a Union-wide overview including maps on the basis of the data made available by the Member States pursuant to Articles 10 and 17. 
In light of that data, the Commission shall also, if necessary, submit appropriate proposals for increased protection of the soil and the environment
.





Amendment 17


Proposal for a regulation


Article 2 — paragraph 1 — point 4

Directive 2002/49/EC
Article 10 — paragraph 2







Text proposed by the Commission




Amendment






2.   The Member States shall ensure that the information from strategic noise maps and summaries of the action plans as referred to in Annex VI are sent to the Commission within six months of the dates laid down in Articles 7 and 8 respectively. For that purpose, Member States shall only report the information electronically to 
the
 data repository 
to be established in accordance with the regulatory procedure with scrutiny referred to in Article 13(3)
. In case a Member State wants to update information, it shall describe the differences between the updated and original information and the reasons for the update when making the updated information available to the data repository.




2.   The Member States shall ensure that the information from strategic noise maps and summaries of the action plans as referred to in Annex VI are sent to the Commission within six months of the dates laid down in Articles 7 and 8 respectively. For that purpose, Member States shall only report the information electronically to 
a mandatory
 data repository. In case a Member State wants to update information, it shall describe the differences between the updated and original information and the reasons for the update when making the updated information available to the data repository.






Amendment 18


Proposal for a regulation


Article 2 — paragraph 1 — point 4 a (new)

Directive 2002/49/EC
Article 10 — paragraph 2 a (new)







Text proposed by the Commission




Amendment





 










4a.





In Article 10, after paragraph 2, the following paragraph is inserted:




‘2a.
   
The Commission shall adopt delegated acts in accordance with Article 12a to supplement this Directive concerning the setting up of the mandatory data repository referred to in paragraph 2, and the detailed rules of the digital information exchange mechanism to share the information from the strategic noise maps and summaries of action plans.’.












Amendment 19


Proposal for a regulation


Article 2 — paragraph 1 — point 4 b (new)

Directive 2002/49/EC
Article 12 a (new)







Text proposed by the Commission




Amendment





 










4b.





The following Article is added:




‘Article 12a




Exercise of the delegation





1.
   
The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.






2.
   
The power to adopt delegated acts referred to in Article 10(2a) shall be conferred on the Commission for a period five years from… [date of entry into force of this Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.






3.
   
The delegation of power referred to in Article 10(2a) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.






4.
   
Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making

 (*2)

.






5.
   
As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.






6.
   
A delegated act adopted pursuant to Article 10(2a) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and to the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.













Amendment 20


Proposal for a regulation


Article 2 — paragraph 1 — point 5

Directive 2002/49/EC
Annex VI — point 3







Text proposed by the Commission




Amendment











5.


Annex VI point 3 is 
replaced by the following:














5.


Annex VI point 3 is 
deleted.


















3.





Information exchange mechanism



The Commission, assisted by the European Environment Agency, shall develop a mandatory digital information exchange mechanism to share the information from the strategic noise maps and summaries of action plans, as referred to in Article 10 (2) in accordance with the regulatory procedure with scrutiny referred to in Article 13(3).








 





Amendment 21


Proposal for a regulation


Article 3 — paragraph 1 — point - 1 (new)

Directive 2004/35/EC
Article 2 — paragraph 1 — point 16 a (new)







Text proposed by the Commission




Amendment





 





-1.
   
In Article 2, the following point is added:











‘16a.





“spatial data services” means the operations which may be performed, by invoking a computer application, on the spatial data contained in spatial data sets or on the related metadata as defined in Directive 2007/2/EC of the European Parliament and of the Council

 (*3)

;












Amendment 22


Proposal for a regulation


Article 3 — paragraph 1 — point 2

Directive 2004/35/EC
Article 18 — paragraph 1







Text proposed by the Commission




Amendment





Member States shall ensure that adequate and up-to-date information, at least on imminent threats of damage is available to the public in an open data format online, in accordance with Annex VI of this Directive and with Article 7(4) of Directive 2003/4/EC of the European Parliament and of the Council*. For each incident, the information listed in Annex VI of this Directive shall be provided as a minimum.





1.
   Member States shall ensure that adequate and up-to-date information, at least on imminent threats of damage is available to the public 
and to the Commission
 in an open data format online, in accordance with Annex VI of this Directive and with Article 7(4) of Directive 2003/4/EC of the European Parliament and of the Council*. For each incident, the information listed in Annex VI of this Directive shall be provided as a minimum.






Amendment 23


Proposal for a regulation


Article 3 — paragraph 1 — point 2

Directive 2004/35/EC
Article 18 — paragraph 1 a (new)







Text proposed by the Commission




Amendment





 





1a.
   
The Commission shall adopt a delegated act in accordance with Article 18a to amend Annex VI to this Directive concerning the detailed criteria according to which the scale and type of the environmental damage shall be classified.








Amendment 24


Proposal for a regulation


Article 3 — paragraph 1 — point 2

Directive 2004/35/EC
Article 18 — paragraph 2







Text proposed by the Commission




Amendment






2.   Spatial data services 
as defined in Article 3(4) of Directive 2007/2/EC of the European Parliament and of the Council**
 shall be used to present the spatial data sets, such as the spatial location of incidents, included in the information referred to in paragraph 1 of this Article.




2.   Spatial data services shall be used to present the spatial data sets, such as the spatial location of incidents, included in the information referred to in paragraph 1 of this Article.






Amendment 25


Proposal for a regulation


Article 3 — paragraph 1 — point 2

Directive 2004/35/EC
Article 18 — paragraph 3







Text proposed by the Commission




Amendment






3.   The Commission services shall publish a Union-wide overview including maps on the basis of the data made available by the Member States pursuant to paragraph 1.




3.   The Commission services shall publish a Union-wide overview including maps on the basis of the data made available by the Member States pursuant to paragraph 1 
and update it regularly.








Amendment 26


Proposal for a regulation


Article 3 — paragraph 1 — point 2

Directive 2004/35/EC
Article 18 — paragraph 4 — introductory part







Text proposed by the Commission




Amendment






4.   The Commission shall, 
at regular intervals
, carry out an evaluation of this Directive. The evaluation shall be based, inter alia, on the following elements:




4.   The Commission shall, 
no later than 1 January 2022 and at least every five years thereafter
, carry out an evaluation of this Directive 
and of its implementation
. The evaluation shall be 
made publicly available and be
 based, inter alia, on the following elements:






Amendment 27


Proposal for a regulation


Article 3 — paragraph 1 — point 2

Directive 2004/35/EC
Article 18 — paragraph 4 — point b a (new)







Text proposed by the Commission




Amendment





 










(ba)






an analysis of the developments and relevant changes in the Member States.











Amendment 28


Proposal for a regulation


Article 3 — paragraph 1 — point 2

Directive 2004/35/EC
Article 18 — paragraph 4 a (new)







Text proposed by the Commission




Amendment





 





4a.
   
The Commission shall within due course inform the European Parliament and the Council on the results of the evaluation referred to in paragraph 4 and, if necessary, present appropriate legislative proposals.








Amendment 29


Proposal for a regulation


Article 3 — paragraph 1 — point 2

Directive 2004/35/EC
Article 18 — paragraph 4 b (new)







Text proposed by the Commission




Amendment





 





4b.
   
The evaluation referred to in paragraph 4 shall also consider the extension of the definition of ‘environmental damage’ as defined in Article 2(1), and of the scope of this Directive to include damages to human health, in order to also include damages to the air which can have significant health risks.








Amendment 30


Proposal for a regulation


Article 3 — paragraph 1 — point 2 a (new)

Directive 2004/35/EC
Article 18 a (new)







Text proposed by the Commission




Amendment





 










2a.





The following Article is inserted:




‘Article 18a




Exercise of the delegation





1.
   
The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.






2.
   
The power to adopt delegated acts referred to in Article 18(1a) shall be conferred on the Commission for an indeterminate period from … [date of entry into force of this Regulation].






3.
   
The delegation of power referred to in Article 18(1a) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.






4.
   
Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making

 (*4)

.






5.
   
As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council






6.
   
A delegated act adopted pursuant to Article 18(1a) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and to the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council."













Amendment 31


Proposal for a regulation


Article 3 — paragraph 1 — point 3

Directive 2004/35/EC
Annex VI — paragraph 1 — introductory part







Text proposed by the Commission




Amendment





The information referred to in Article 18(1) shall 
refer to
 emissions, events or incidents causing environmental damage or imminent threat of damage, with the following information and data for each instance:


The information referred to in Article 18(1) shall 
include a list of
 emissions, events or incidents causing environmental damage or imminent threat of damage, with the following information and data for each instance:





Amendment 32


Proposal for a regulation


Article 3 — paragraph 1 — point 3

Directive 2004/35/EC
Annex VI — point 7 — point c a (new)







Text proposed by the Commission




Amendment





 










(ca)






relevant judicial proceedings;











Amendment 33


Proposal for a regulation


Article 4 — paragraph 1 — point 1 — point a a(new)

Directive 2007/2/EC
Article 21 — paragraph 2 — point c a (new)







Text proposed by the Commission




Amendment





 










(aa)






in paragraph 2, the following point is inserted:










‘(ca)






an analysis of the development of the infrastructure for INSPIRE in the Member States;’;















Amendment 34


Proposal for a regulation


Article 4 — paragraph 1 — point 2

Directive 2007/2/EC
Article 23 — paragraph 2 — introductory part







Text proposed by the Commission




Amendment





The Commission shall, 
at regular intervals
, carry out an evaluation of this Directive. The evaluation shall be based, inter alia, on the following elements:


The Commission shall, 
no later than 1 January 2022 and at least every five years thereafter
, carry out an evaluation of this Directive 
and of its implementation, and make it publicly available
. The evaluation shall be based, inter alia, on the following elements:





Amendment 35


Proposal for a regulation


Article 4 — paragraph 1 — point 2

Directive 2007/2/EC
Article 23 — paragraph 2 a (new)







Text proposed by the Commission




Amendment





 




The Commission shall within due course inform the European Parliament and the Council on the results of the evaluation referred to in the second paragraph and, if necessary, present appropriate legislative proposals.







Amendment 36


Proposal for a regulation


Article 5 — paragraph 1 — point 1

Directive 2009/147/EC
Article 12 — paragraph 1







Text proposed by the Commission




Amendment






1.   Member States shall forward to the Commission every six years, at the same time as the report drawn up pursuant to Article 17 of Council Directive 92/43/EEC*, a report on the implementation of the measures taken under this Directive and the main impacts of these measures
. This report
 shall include in particular information concerning the status and trends of wild bird species protected by this Directive, the threats and pressures on them, the conservation measures taken for them and the contribution of the network of Special Protection Areas to the objectives laid out in Article 2 of this Directive.";




1.   Member States shall forward to the Commission every six years, at the same time as the report drawn up pursuant to Article 17 of Council Directive 92/43/EEC*, a report on the implementation of the measures taken under this Directive and the main impacts of these measures. 
That report shall be made accessible to the public and
 shall include in particular information concerning the status and trends of wild bird species protected by this Directive, the threats and pressures on them, the conservation measures taken for them and the contribution of the network of Special Protection Areas to the objectives laid out in Article 2 of this Directive.






Amendment 37


Proposal for a regulation


Article 5 — paragraph 1 — point 2

Directive 2009/147/EC
Article 12 — paragraph 2 — sentence 1







Text proposed by the Commission




Amendment






2.   The Commission, assisted by the European Environment Agency, shall prepare every six years a composite report based on the information referred to in paragraph 1.




2.   The Commission, assisted by the European Environment Agency, shall prepare 
and publish,
 every six years, a composite report based on the information referred to in paragraph 1.






Amendment 38


Proposal for a regulation


Article 6 — paragraph 1 — point 2 — point a

Directive 2010/63/EU
Article 54 — paragraph 1 — subparagraph 3







Text proposed by the Commission




Amendment





The Commission services shall publish a Union overview on the basis of 
the
 data 
submitted by the Member States
.




No later than 6 months after the submission by the Member States of the data referred to in the second subparagraph,
 the Commission services shall publish 
and regularly update
 a Union overview on the basis of 
that
 data.





Amendment 39


Proposal for a regulation


Article 6 — paragraph 1 — point 2 — point b

Directive 2010/63/EU
Article 54 — paragraph 4







Text proposed by the Commission




Amendment






4.   The Commission shall establish a common format and information content for submitting the information referred to in paragraphs 1, 2 and 3 in accordance with the 
regulatory
 procedure referred to in Article 56(3).




4.   The Commission shall establish a common format and information content for submitting the information referred to in paragraphs 1, 2 and 3 in accordance with the 
examination
 procedure referred to in Article 56(3).






Amendment 40


Proposal for a regulation


Article 6 — paragraph 1 — point 2 a (new)

Directive 2010/63/EU
Article 56 — paragraph 3







Present text




Amendment





 










2a.





In Article 56, paragraph 3 is replaced by the following:










3.   Where reference is made to this paragraph, 
Articles
 5 
and 7
 of 
Decision 1999/468/EC
 shall apply
, having regard to the provisions of Article 8 thereof
.









 




‘3.   Where reference is made to this paragraph, 
Article
 5 of 
Regulation (EU) No 182/2011
 shall apply.’;











Amendment 43


Proposal for a regulation


Article 7 — paragraph 1 — point 2

Regulation (EC) No 166/2006
Article 7 — paragraph 2







Text proposed by the Commission




Amendment






2.   Member States shall provide
, each year
, to the Commission by electronic transfer a report containing all the data referred to in Article 5(1) and (2) in a format 
and by a date
 to be established by the Commission by means of implementing acts in accordance with the procedure referred to in Article 19(2). The reporting date shall be, in any case, no later than 9 months after the end of the reporting year.




2.   
No later than 31 March every year,
 Member States shall provide to the Commission by electronic transfer a report containing all the data referred to in Article 5(1) and (2) in a format to be established by the Commission by means of implementing acts in accordance with the procedure referred to in Article 19(2). The reporting date shall be, in any case, no later than 9 months after the end of the reporting year.






Amendment 44


Proposal for a regulation


Article 8 — paragraph 1

Regulation (EU) No 995/2010
Article 20 — paragraph 1







Text proposed by the Commission




Amendment






1.   Member States shall make available to the public and the Commission, by 30 April of each year information on the application of this Regulation during the previous calendar year. The Commission may establish, by means of implementing acts, the format and procedure for Member States to make available such information. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 18(2).




1.   Member States shall make available to the public and the Commission, 
at the latest
 by 30 April of each year information on the application of this Regulation during the previous calendar year. The Commission may establish, by means of implementing acts, the format and procedure for Member States to make available such information. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 18(2).






Amendment 45


Proposal for a regulation


Article 8 — paragraph 1

Regulation 995/2010/EU
Article 20 — paragraph 3







Text proposed by the Commission




Amendment






3.   By 3 December 
2015
 and every 
six
 years thereafter, the Commission shall, on the basis of information on and experience with the application of this Regulation, review the functioning and effectiveness of this Regulation, including in preventing illegally harvested timber or timber products derived from such timber being placed on the market. It shall in particular consider the administrative consequences for small and medium-sized enterprises and product coverage. The Commission shall report to the European Parliament and to the Council on the results of the review and accompany such reports, if necessary, by appropriate legislative proposals.




3.   By 3 December 
2021
 and every 
five
 years thereafter, the Commission shall, on the basis of information on and experience with the application of this Regulation, review the functioning and effectiveness of this Regulation, including in preventing illegally harvested timber or timber products derived from such timber being placed on the market. It shall in particular consider the administrative consequences for small and medium-sized enterprises and product coverage. The Commission shall report to the European Parliament and to the Council on the results of the review and accompany such reports, if necessary, by appropriate legislative proposals.






Amendment 46


Proposal for a regulation


Article 9 — paragraph 1 — point 1

Regulation (EC) No 2173/2005
Article 8 — paragraph 1







Text proposed by the Commission




Amendment






1.   Member States shall make available to the public and the Commission, by 30 April of each year, information on the application of this Regulation during the previous calendar year.




1.   Member States shall make available to the public and the Commission, 
at the latest
 by 30 April of each year, information on the application of this Regulation during the previous calendar year.






Amendment 47


Proposal for a regulation


Article 9 — paragraph 1 — point 2

Regulation (EC) No 2173/2005
Article 9 — paragraph 1







Text proposed by the Commission




Amendment





By December 2021 and every 
6
 years thereafter, the Commission shall, on the basis of information on and experience with the application of this Regulation, review the functioning and effectiveness of this Regulation. In doing so it 
should take into account
 the progress on implementation of the voluntary Partnership Agreements. The Commission shall report to the European Parliament and to the Council on the result of the review and accompany such reports where appropriate, by proposals for improvement of the FLEGT licensing scheme.


By December 2021 and every 
5
 years thereafter, the Commission shall, on the basis of information on and experience with the application of this Regulation, review the functioning and effectiveness of this Regulation. In doing so it 
shall take
 the progress on implementation of the voluntary Partnership Agreements 
into account
. The Commission shall report to the European Parliament and to the Council on the result of the review 
every 5 years
 and accompany such reports where appropriate, by proposals for improvement of the FLEGT licensing scheme.





Amendment 48


Proposal for a regulation


Article 10 — paragraph 1 — point 1

Regulation (EC) No 338/97
Article 15 — paragraph 4 — point c







Text proposed by the Commission




Amendment











(c)


Without prejudice to Article 20, the management authorities of the Member States shall, one year before each meeting of the Conference of the Parties to the Convention, communicate to the Commission all the information relating to the relevant preceding period required for drawing up the reports referred to in Article VIII.7 (b) of the Convention and equivalent information on the provisions of this Regulation that fall outside the scope of the Convention. The 
information to be communicated and the
 format for its presentation shall be specified by the Commission in accordance with the 
regulatory
 procedure referred to in Article 18(2).












(c)


Without prejudice to Article 20, the management authorities of the Member States shall, one year before each meeting of the Conference of the Parties to the Convention, communicate to the Commission all the information relating to the relevant preceding period required for drawing up the reports referred to in Article VIII.7 (b) of the Convention and equivalent information on the provisions of this Regulation that fall outside the scope of the Convention. The format for its presentation shall be specified by the Commission in accordance with the 
examination
 procedure referred to in Article 18(2).









Amendment 49


Proposal for a regulation


Article 10 — paragraph 1 a (new)

Regulation (EC) No 338/97
Article 18 — paragraph 2







Present text




Amendment





 




In Article 18, paragraph 2 is replaced by the following:







2.   Where reference is made to this Article
, Articles
 5 
and 7
 of 
Decision 1999/468/EC
 shall apply
, having regard to the provisions of Article 8 thereof
.





‘2.   Where reference is made to this 
paragraph
, Article 5 of 
Regulation (EU) No 182/2011
 shall apply.’.








The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months. As regards the Committee's tasks referred to in points 1 and 2 of Article 19, if, on the expiry of a period of three months from the date of referral to the Council, the Council has not acted, the proposed measures shall be adopted by the Commission.




 






(1)  The matter was referred back for interinstitutional negotiations to the committee responsible pursuant to Rule 59(4), fourth subparagraph (A8-0324/2018).

(45)  COM(2017)0312.

(46)  SWD(2017)0230.

(45)  COM(2017)0312.

(46)  SWD(2017)0230.

(47)  Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC (OJ L 41, 14.2.2003, p. 26).

(48)  Directive 2007/2/EC of the European Parliament and of the Council of 14 March 2007 establishing an Infrastructure for Spatial Information in the European Community (INSPIRE) (OJ L 108, 25.4.2007, p. 1).

(47)  Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC (OJ L 41, 14.2.2003, p. 26).

(48)  Directive 2007/2/EC of the European Parliament and of the Council of 14 March 2007 establishing an Infrastructure for Spatial Information in the European Community (INSPIRE) (OJ L 108, 25.4.2007, p. 1).

(49)  OJ L 123, 12.5.2016, p. 1.

(49)  OJ L 123, 12.5.2016, p. 1.

(50)  Directive 2002/49/EC of the European Parliament and of the Council of 25 June 2002 relating to the assessment and management of environmental noise (OJ L 189, 18.7.2002).

(50)  Directive 2002/49/EC of the European Parliament and of the Council of 25 June 2002 relating to the assessment and management of environmental noise (OJ L 189, 18.7.2002).

(52)  COM(2016)0478 and SWD(2016)0273.

(53)  COM(2017)0312.

(52)  COM(2016)0478 and SWD(2016)0273.

(53)  COM(2017)0312.

(56)  Directive 2010/63/EU of the European Parliament and of the Council of 22 September 2010 on the protection of animals used for scientific purposes (OJ L 276, 20.10.2010, p. 33).

(56)  Directive 2010/63/EU of the European Parliament and of the Council of 22 September 2010 on the protection of animals used for scientific purposes (OJ L 276, 20.10.2010, p. 33).

(56a)  
Report from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions in accordance with Article 58 of Directive 2010/63/EU on the protection of animals used for scientific purposes, COM(2017)0631.