(Codecision procedure: second reading)

The European Parliament,

-  having regard to the Council common position (5685/1/2000 - C5-0180/2000 )(1) ,

-  having regard to its position at first reading(2) on the Commission proposal to Parliament and the Council (COM(1996) 511 )(3) ,

-  having regard to the Commission's amended proposal (COM(1999) 73 )(4) ,

-  having regard to Article 251(2) of the EC Treaty,

-  having regard to Rule 80 of its Rules of Procedure,

-  having regard to the recommendation for second reading of the Committee on the Environment, Public Health and Consumer Policy (A5-0196/2000 ),

1.  Amends the common position as follows;

2.  Instructs its President to forward its position to the Council and Commission.

Council common position   Amendments by Parliament (Amendment 1) Recital 2a (new) (2a) The Convention on Biological Diversity requires Parties to integrate as far as possible and as appropriate the conservation and sustainable use of biological diversity into relevant sectoral or cross-sectoral plans and programmes. (Amendment 27) Article 2(a), 2nd indent    - which are required by legislative, regulatory or administrative provisions;    - which are required by legislative, regulatory or administrative provisions, or    - which are funded by the European Union; (Amendment 7) Article 3(5)    5. Member States shall determine whether plans or programmes referred to in paragraphs 3 and 4 are likely to have significant environmental effects either through case-by-case examination or by specifying types of plans and programmes or by combining both approaches and in all cases taking into account relevant criteria set out in Annex II.    5. Member States shall determine whether plans or programmes referred to in paragraphs 3 and 4 are likely to have significant environmental effects through case-by-case examination and in all cases taking into account relevant criteria set out in Annex II. (Amendment 9) Article 3(7)    7. Member States shall ensure that their conclusions pursuant to paragraph 5 are made available to the public.    7. Member States shall ensure that their conclusions pursuant to paragraph 5 are made available to the public as well as the reasons for the decision to require, or not to require, an environmental assessment pursuant to Articles 4 to 9. (Amendment 10) Article 3(8), 3rd indent    - plans and programmes falling under the 2000-2006 programming period under Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds or under the 2000-2006 and 2000-2007 programming periods under Council Regulation (EC) No 1257/1999 of 17 May 1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) and amending and repealing certain regulations.    - plans and programmes falling under the 2000-2006 programming period under Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds or under the 2000-2006 and 2000-2007 programming periods under Council Regulation (EC) No 1257/1999 of 17 May 1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) and amending and repealing certain regulations. However, all future plans and programmes under these or new Community regulations shall be subject to the requirements of this Directive. (Amendment 11) Article 4(3)    3. Where plans and programmes form part of a hierarchy, Member States shall, with a view to avoiding duplication of the assessment, take into account the fact that the assessment will be carried out, in accordance with this Directive, at different levels of the hierarchy.    3. Where plans and programmes form part of a hierarchy, Member States shall, with a view to avoiding duplication of the assessment, define the level at which the assessment will be carried out, in accordance with this Directive. The aims, content and scope of this Directive (in particular Article 3 thereof) shall remain unaffected by this. (Amendment 14) Article 6(2)    2. The authorities referred to in paragraph 3 and the public referred to in paragraph 4 shall be given an early and effective opportunity within appropriate time frames to express their opinion on the draft plan or programme and the accompanying environmental report before the adoption of the plan or programme or its submission to the legislative procedure.    2. The authorities referred to in paragraph 3 and the public referred to in paragraph 4 shall be given an early and effective opportunity within an appropriate time frame to be defined by the Member States to express their opinion on the draft plan or programme and the accompanying environmental report before the adoption of the plan or programme or its submission to the legislative procedure. (Amendment 15) Article 6(4)    4. Member States shall identify the public for the purposes of paragraph 2, including relevant non-governmental organisations, such as those promoting environmental protection and other organisations concerned.    4. Member States shall identify the public for the purposes of paragraph 2, including those affected or likely to be affected by, or having an interest in, the decision-making process, including non-governmental organisations, such as those promoting environmental protection and other organisations concerned. (Amendment 16) Article 7(1)    1. Where a Member State considers that the implementation of a plan or programme being prepared in relation to its territory is likely to have significant effects on the environment in another Member State, or where a Member State likely to be significantly affected so requests, the Member State in whose territory the plan or programme is being prepared shall, before its adoption or submission to the legislative procedure, forward a copy of the draft plan or programme and the relevant environmental report to the other Member State.    1. Where a Member State considers that the implementation of a plan or programme being prepared in relation to its territory is likely to have significant effects on the environment in another State, or where a State likely to be significantly affected so requests, the Member State in whose territory the plan or programme is being prepared shall, before its adoption or submission to the legislative procedure, forward a copy of the draft plan or programme and the relevant environmental report to the other State. (Amendment 17) Article 9(1)(ba) (new)    (ba) the measures decided for monitoring the implementation of the plan or programme in order to assess the accuracy of the predictions and the effectiveness of mitigation measures and to instigate any remedial action that may be required. (Amendment 18) Article 9a(new) Article 9a Monitoring The Member States shall be responsible for monitoring the implementation of the environmental protection measures contained in the plans and programmes to which this Directive relates. They shall establish appropriate monitoring systems with a view to ensuring and checking the effectiveness of environmental impact corrective measures. (Amendment 19) Article 10(2)    2. For plans and programmes for which the obligation to carry out assessments of the effects on the environment arises simultaneously from this Directive and other Community legislation, Member States may provide for coordinated or joint procedures fulfilling the requirements of the relevant Community legislation in order inter alia to avoid duplication of assessment.    2. For plans and programmes for which the obligation to carry out assessments of the effects on the environment arises simultaneously from this Directive and other Community legislation, Member States shall provide for coordinated or joint procedures fulfilling the requirements of the relevant Community legislation in order to rule out duplication of assessment. (Amendment 20) Article 11(2)    2. Member States shall communicate to the Commission any measures they take concerning the quality of environmental reports.    2. Member States shall ensure that appropriate measures are taken in order to guarantee that environmental reports are of sufficient quality to meet the minimum requirements of the Directive and to prevent decisions being taken on the basis of an environmental report which does not comply with these requirements. Member States shall communicate these measures to the Commission. (Amendment 22) Article 11(4)    4. The Commission shall report on the relationship between this Directive and Regulations (EC) No 1260/99 and No 1257/99 well ahead of the expiry of the programming periods provided for in those Regulations.    4. The Commission shall report on the relationship between this Directive, Regulations (EC) No 1260/1999 and No 1257/1999 and other related Community legislation well ahead of the expiry of the programming periods provided for in those Regulations. (Amendment 23) Article 12(3)    3. The obligation referred to in Article 4(1) shall apply only to the plans and programmes of which the first formal preparatory act is subsequent to the date referred to in paragraph 1.    3. The obligation referred to in Article 4(1) shall apply only to the plans and programmes of which the first formal preparatory act is subsequent to the date referred to in paragraph 1 of this Article , or where the adoption or submission of the plans or programmes occurs more than 12 months after that date. (Amendment 24) Annex I(f)    (f) the likely significant effects on the environment;    (f) the likely significant effects on the environment, including, in particular, on biodiversity, population, human health, fauna, flora, soil, water, air climatic factors, material assets, including architectural and archaeological heritage, landscape and the interrelationship between the above factors; (Amendment 25) Annex I(i)    (i) a description of measures envisaged for monitoring the implementation of the plan or programme;    (i) a description of measures envisaged for monitoring the implementation of the plan or programme and the effectiveness of any measures to prevent, reduce or offset any adverse effect on the environment;

(1) OJ C 137, 16.5.2000, p. 11. (2) OJ C 341, 9.11.1998, p. 18. (3) OJ C 129, 25.4.1997, p. 14. (4) OJ C 83, 25.3.1999, p. 13.