(a) "project" means: the execution of construction works or of other installations or schemes, other interventions in the natural surroundings and landscape including those involving the extraction of mineral resources;
(b) "developer" means the applicant for authorisation for a private project or the public authority which initiates a project; (c) "development consent" means the decision of the competent authority or authorities which entitles the developer to proceed with the project; (d) "public" means one or more natural or legal persons and, in accordance with national legislation or practice, their associations, organisations or groups; (e) "public concerned" means the public affected or likely to be affected by, or having an interest in, the environmental decision-making procedures referred to in Article 2(2). For the purposes of this definition, non-governmental organisations promoting environmental protection and meeting any requirements under national law shall be deemed to have an interest; (f) "competent authority or authorities" means that authority or those authorities which the Member States designate as responsible for performing the duties arising from this Directive; (g) "environmental impact assessment" means a process consisting of: (i) the preparation of an environmental impact assessment report by the developer, as referred to in Article 5(1) and (2); (ii) the carrying out of consultations as referred to in Article 6 and, where relevant, Article 7; (iii) the examination by the competent authority of the information presented in the environmental impact assessment report and any supplementary information provided, where necessary, by the developer in accordance with Article 5(3), and any relevant information received through the consultations under Articles 6 and 7; (iv) the reasoned conclusion by the competent authority on the significant effects of the project on the environment, taking into account the results of the examination referred to in point (iii) and, where appropriate, its own supplementary examination; and (v) the integration of the competent authority's reasoned conclusion into any of the decisions referred to in Article 8a.
Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment (codification) Text with EEA relevance
Modified by
- Directive 2014/52/EU of the European Parliament and of the Councilof 16 April 2014amending Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment(Text with EEA relevance), 32014L0052, April 25, 2014
(a) consider whether another form of assessment would be appropriate; (b) make available to the public concerned the information obtained under other forms of assessment referred to in point (a), the information relating to the decision granting exemption and the reasons for granting it; (c) inform the Commission, prior to granting consent, of the reasons justifying the exemption granted, and provide it with the information made available, where applicable, to their own nationals.
(a) population and human health; (b) biodiversity, with particular attention to species and habitats protected under Directive 92/43/EEC and Directive 2009/147/EC; (c) land, soil, water, air and climate; (d) material assets, cultural heritage and the landscape; (e) the interaction between the factors referred to in points (a) to (d).
(a) a case-by-case examination; or (b) thresholds or criteria set by the Member State.
(a) where it is decided that an environmental impact assessment is required, state the main reasons for requiring such assessment with reference to the relevant criteria listed in Annex III; or (b) where it is decided that an environmental impact assessment is not required, state the main reasons for not requiring such assessment with reference to the relevant criteria listed in Annex III, and, where proposed by the developer, state any features of the project and/or measures envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment.
(a) a description of the project comprising information on the site, design, size and other relevant features of the project; (b) a description of the likely significant effects of the project on the environment; (c) a description of the features of the project and/or measures envisaged in order to avoid, prevent or reduce and, if possible, offset likely significant adverse effects on the environment; (d) a description of the reasonable alternatives studied by the developer, which are relevant to the project and its specific characteristics, and an indication of the main reasons for the option chosen, taking into account the effects of the project on the environment; (e) a non-technical summary of the information referred to in points (a) to (d); and (f) any additional information specified in Annex IV relevant to the specific characteristics of a particular project or type of project and to the environmental features likely to be affected.
(a) the developer shall ensure that the environmental impact assessment report is prepared by competent experts; (b) the competent authority shall ensure that it has, or has access as necessary to, sufficient expertise to examine the environmental impact assessment report; and (c) where necessary, the competent authority shall seek from the developer supplementary information, in accordance with Annex IV, which is directly relevant to reaching the reasoned conclusion on the significant effects of the project on the environment.
(a) the request for development consent; (b) the fact that the project is subject to an environmental impact assessment procedure and, where relevant, the fact that Article 7 applies; (c) details of the competent authorities responsible for taking the decision, those from which relevant information can be obtained, those to which comments or questions can be submitted, and details of the time schedule for transmitting comments or questions; (d) the nature of possible decisions or, where there is one, the draft decision; (e) an indication of the availability of the information gathered pursuant to Article 5; (f) an indication of the times and places at which, and the means by which, the relevant information will be made available; (g) details of the arrangements for public participation made pursuant to paragraph 5 of this Article.
(a) any information gathered pursuant to Article 5; (b) in accordance with national legislation, the main reports and advice issued to the competent authority or authorities at the time when the public concerned is informed in accordance with paragraph 2 of this Article; (c) in accordance with the provisions of Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental informationOJ L 41, 14.2.2003, p. 26 .
(a) informing the authorities referred to in paragraph 1 and the public; and (b) the authorities referred to in paragraph 1 and the public concerned to prepare and participate effectively in the environmental decision-making, subject to the provisions of this Article.
(a) a description of the project, together with any available information on its possible transboundary impact; (b) information on the nature of the decision which may be taken.
(a) arrange for the information referred to in paragraphs 1 and 2 to be made available, within a reasonable time, to the authorities referred to in Article 6(1) and the public concerned in the territory of the Member State likely to be significantly affected; and (b) ensure that the authorities referred to in Article 6(1) and the public concerned are given an opportunity, before development consent for the project is granted, to forward their opinion within a reasonable time on the information supplied to the competent authority in the Member State in whose territory the project is intended to be carried out.
(a) the reasoned conclusion referred to in Article 1(2)(g)(iv); (b) any environmental conditions attached to the decision, a description of any features of the project and/or measures envisaged to avoid, prevent or reduce and, if possible, offset significant adverse effects on the environment as well as, where appropriate, monitoring measures.
(a) the content of the decision and any conditions attached thereto as referred to in Article 8a(1) and (2); (b) the main reasons and considerations on which the decision is based, including information about the public participation process. This also includes the summary of the results of the consultations and the information gathered pursuant to Articles 5 to 7 and how those results have been incorporated or otherwise addressed, in particular the comments received from the affected Member State referred to in Article 7.
(a) having a sufficient interest, or alternatively; (b) maintaining the impairment of a right, where administrative procedural law of a Member State requires this as a precondition;
(a) the number of projects referred to in Annexes I and II made subject to an environmental impact assessment in accordance with Articles 5 to 10; (b) the breakdown of environmental impact assessments according to the project categories set out in Annexes I and II; (c) the number of projects referred to in Annex II made subject to a determination in accordance with Article 4(2); (d) the average duration of the environmental impact assessment process; (e) general estimates on the average direct costs of environmental impact assessments, including the impact from the application of this Directive to SMEs.
(a) Thermal power stations and other combustion installations with a heat output of 300 megawatts or more; (b) Nuclear power stations and other nuclear reactors including the dismantling or decommissioning of such power stations or reactors Nuclear power stations and other nuclear reactors cease to be such an installation when all nuclear fuel and other radioactively contaminated elements have been removed permanently from the installation site.
(a) Installations for the reprocessing of irradiated nuclear fuel; (b) Installations designed: (i) for the production or enrichment of nuclear fuel; (ii) for the processing of irradiated nuclear fuel or high-level radioactive waste; (iii) for the final disposal of irradiated nuclear fuel; (iv) solely for the final disposal of radioactive waste; (v) solely for the storage (planned for more than 10 years) of irradiated nuclear fuels or radioactive waste in a different site than the production site.
(a) Integrated works for the initial smelting of cast iron and steel; (b) Installations for the production of non-ferrous crude metals from ore, concentrates or secondary raw materials by metallurgical, chemical or electrolytic processes.
(a) for the production of basic organic chemicals; (b) for the production of basic inorganic chemicals; (c) for the production of phosphorous-, nitrogen- or potassium-based fertilisers (simple or compound fertilisers); (d) for the production of basic plant health products and of biocides; (e) for the production of basic pharmaceutical products using a chemical or biological process; (f) for the production of explosives.
(a) Construction of lines for long-distance railway traffic and of airports For the purposes of this Directive, "airport" means an airport which complies with the definition in the 1944 Chicago Convention setting up the International Civil Aviation Organisation (Annex 14). 2100 m or more;(b) Construction of motorways and express roads For the purposes of this Directive, "express road" means a road which complies with the definition in the European Agreement on Main International Traffic Arteries of 15 November 1975 .(c) Construction of a new road of four or more lanes, or realignment and/or widening of an existing road of two lanes or less so as to provide four or more lanes, where such new road or realigned and/or widened section of road would be 10 km or more in a continuous length.
(a) Inland waterways and ports for inland-waterway traffic which permit the passage of vessels of over 1350 tonnes;(b) Trading ports, piers for loading and unloading connected to land and outside ports (excluding ferry piers) which can take vessels of over 1350 tonnes.
(a) Works for the transfer of water resources between river basins where that transfer aims at preventing possible shortages of water and where the amount of water transferred exceeds 100 million cubic metres/year; (b) In all other cases, works for the transfer of water resources between river basins where the multi-annual average flow of the basin of abstraction exceeds 2000 million cubic metres/year and where the amount of water transferred exceeds 5 % of that flow.
(a) for the transport of gas, oil, chemicals; (b) for the transport of carbon dioxide (CO 2 ) streams for the purposes of geological storage, including associated booster stations.
(a) 85000 places for broilers,60000 places for hens;(b) 3000 places for production pigs (over 30 kg); or(c) 900 places for sows.
(a) pulp from timber or similar fibrous materials; (b) paper and board with a production capacity exceeding 200 tonnes per day.
(i) geothermal drilling; (ii) drilling for the storage of nuclear waste material; (iii) drilling for water supplies;
(i) hot-rolling mills; (ii) smitheries with hammers; (iii) application of protective fused metal coats;
(a) a description of the physical characteristics of the whole project and, where relevant, of demolition works; (b) a description of the location of the project, with particular regard to the environmental sensitivity of geographical areas likely to be affected.
(a) the expected residues and emissions and the production of waste, where relevant; (b) the use of natural resources, in particular soil, land, water and biodiversity.
(a) the size and design of the whole project; (b) cumulation with other existing and/or approved projects; (c) the use of natural resources, in particular land, soil, water and biodiversity; (d) the production of waste; (e) pollution and nuisances; (f) the risk of major accidents and/or disasters which are relevant to the project concerned, including those caused by climate change, in accordance with scientific knowledge; (g) the risks to human health (for example due to water contamination or air pollution).
(a) the existing and approved land use; (b) the relative abundance, availability, quality and regenerative capacity of natural resources (including soil, land, water and biodiversity) in the area and its underground; (c) the absorption capacity of the natural environment, paying particular attention to the following areas: (i) wetlands, riparian areas, river mouths; (ii) coastal zones and the marine environment; (iii) mountain and forest areas; (iv) nature reserves and parks; (v) areas classified or protected under national legislation; Natura 2000 areas designated by Member States pursuant to Directive 92/43/EEC and Directive 2009/147/EC; (vi) areas in which there has already been a failure to meet the environmental quality standards, laid down in Union legislation and relevant to the project, or in which it is considered that there is such a failure; (vii) densely populated areas; (viii) landscapes and sites of historical, cultural or archaeological significance.
(a) the magnitude and spatial extent of the impact (for example geographical area and size of the population likely to be affected); (b) the nature of the impact; (c) the transboundary nature of the impact; (d) the intensity and complexity of the impact; (e) the probability of the impact; (f) the expected onset, duration, frequency and reversibility of the impact; (g) the cumulation of the impact with the impact of other existing and/or approved projects; (h) the possibility of effectively reducing the impact.
(a) a description of the location of the project; (b) a description of the physical characteristics of the whole project, including, where relevant, requisite demolition works, and the land-use requirements during the construction and operational phases; (c) a description of the main characteristics of the operational phase of the project (in particular any production process), for instance, energy demand and energy used, nature and quantity of the materials and natural resources (including water, land, soil and biodiversity) used; (d) an estimate, by type and quantity, of expected residues and emissions (such as water, air, soil and subsoil pollution, noise, vibration, light, heat, radiation) and quantities and types of waste produced during the construction and operation phases.
(a) the construction and existence of the project, including, where relevant, demolition works; (b) the use of natural resources, in particular land, soil, water and biodiversity, considering as far as possible the sustainable availability of these resources; (c) the emission of pollutants, noise, vibration, light, heat and radiation, the creation of nuisances, and the disposal and recovery of waste; (d) the risks to human health, cultural heritage or the environment (for example due to accidents or disasters); (e) the cumulation of effects with other existing and/or approved projects, taking into account any existing environmental problems relating to areas of particular environmental importance likely to be affected or the use of natural resources; (f) the impact of the project on climate (for example the nature and magnitude of greenhouse gas emissions) and the vulnerability of the project to climate change; (g) the technologies and the substances used.
| Article 3 only | |
| Article 31 only |
| Directive | Time limit for transposition |
|---|---|
| 85/337/EEC | |
| 97/11/EC | |
| 2003/35/EC | |
| 2009/31/EC |
| Directive 85/337/EEC | This Directive |
|---|---|
| Article 1(1) | Article 1(1) |
| Article 1(2), first subparagraph | Article 1(2), introductory wording |
| Article 1(2), second subparagraph, introductory wording | Article 1(2)(a), introductory wording |
| Article 1(2), second subparagraph, first indent | Article 1(2), point (a), first indent |
| Article 1(2), second subparagraph, second indent | Article 1(2), point (a), second indent |
| Article 1(2), third subparagraph | Article 1(2), point (b) |
| Article 1(2), fourth subparagraph | Article 1(2), point (c) |
| Article 1(2), fifth subparagraph | Article 1(2), point (d) |
| Article 1(2), sixth subparagraph | Article 1(2), point (e) |
| Article 1(3) | Article 1(2), point (f) |
| Article 1(4) | Article 1(3) |
| Article 1(5) | Article 1(4) |
| Article 2(1) | Article 2(1) |
| Article 2(2) | Article 2(2) |
| Article 2(2a) | Article 2(3) |
| Article 2(3) | Article 2(4) |
| Article 3, introductory wording | Article 3, introductory wording |
| Article 3, first indent | Article 3, point (a) |
| Article 3, second indent | Article 3, point (b) |
| Article 3, third indent | Article 3, point (c) |
| Article 3, fourth indent | Article 3, point (d) |
| Article 4 | Article 4 |
| Article 5(1) | Article 5(1) |
| Article 5(2) | Article 5(2) |
| Article 5(3), introductory wording | Article 5(3), introductory wording |
| Article 5(3), first indent | Article 5(3), point (a) |
| Article 5(3), second indent | Article 5(3), point (b) |
| Article 5(3), third indent | Article 5(3), point (c) |
| Article 5(3), fourth indent | Article 5(3), point (d) |
| Article 5(3), fifth indent | Article 5(3), point (e) |
| Article 5(4) | Article 5(4) |
| Article 6 | Article 6 |
| Article 7(1), introductory wording | Article 7(1), first subparagraph, introductory wording |
| Article 7(1), point (a) | Article 7(1), first subparagraph, point (a) |
| Article 7(1), point (b) | Article 7(1), first subparagraph, point (b) |
| Article 7(1), final wording | Article 7(1), second subparagraph |
| Article 7(2)-7(5) | Article 7(2)-7(5) |
| Article 8 | Article 8 |
| Article 9(1), introductory wording | Article 9, introductory wording |
| Article 9(1), first indent | Article 9(1), point (a) |
| Article 9(1), second indent | Article 9(1), point (b) |
| Article 9(1), third indent | Article 9(1), point (c) |
| Article 9(2) | Article 9(2) |
| Article 10 | Article 10 |
| Article 10a, first paragraph | Article 11(1) |
| Article 10a, second paragraph | Article 11(2) |
| Article 10a, third paragraph | Article 11(3) |
| Article 10a, fourth and fifth paragraphs | Article 11(4), first and second subparagraphs |
| Article 10a, sixth paragraph | Article 11(5) |
| Article 11(1) | Article 12(1) |
| Article 11(2) | Article 12(2) |
| Article 11(3) | — |
| Article 11(4) | Article 12(3) |
| Article 12(1) | — |
| Article 12(2) | Article 13 |
| — | Article 14 |
| — | Article 15 |
| Article 14 | Article 16 |
| Annex I, point 1 | Annex I, point 1 |
| Annex I, point 2, first indent | Annex I, point 2(a) |
| Annex I, point 2, second indent | Annex I, point 2(b) |
| Annex I, point 3(a) | Annex I, point 3(a) |
| Annex I, point 3(b), introductory wording | Annex I, point 3(b), introductory wording |
| Annex I, point 3(b), first indent | Annex I, point 3(b)(i) |
| Annex I, point 3(b), second indent | Annex I, point 3(b)(ii) |
| Annex I, point 3(b), third indent | Annex I, point 3(b)(iii) |
| Annex I, point 3(b), fourth indent | Annex I, point 3(b)(iv) |
| Annex I, point 3(b), fifth indent | Annex I, point 3(b)(v) |
| Annex I, point 4, first indent | Annex I, point 4(a) |
| Annex I, point 4, second indent | Annex I, point 4(b) |
| Annex I, point 5 | Annex I, point 5 |
| Annex I, point 6, introductory wording | Annex I, point 6, introductory wording |
| Annex I, point 6(i) | Annex I, point 6(a) |
| Annex I, point 6(ii) | Annex I, point 6(b) |
| Annex I, point 6(iii) | Annex I, point 6(c) |
| Annex I, point 6(iv) | Annex I, point 6(d) |
| Annex I, point 6(v) | Annex I, point 6(e) |
| Annex I, point 6(vi) | Annex I, point 6(f) |
| Annex I, points 7-15 | Annex I, points 7-15 |
| Annex I, point 16, introductory wording | Annex I, point 16, introductory wording |
| Annex I, point 16, first indent | Annex I, point 16(a) |
| Annex I, point 16, second indent | Annex I, point 16(b) |
| Annex I, points 17-21 | Annex I, points 17-21 |
| Annex I, point 22 | Annex I, point 24 |
| Annex I, point 23 | Annex I, point 22 |
| Annex I, point 24 | Annex I, point 23 |
| Annex II, point 1 | Annex II, point 1 |
| Annex II, point 2(a), (b) and (c) | Annex II, point 2(a), (b) and (c) |
| Annex II, point 2(d), introductory wording | Annex II, point 2(d), introductory wording |
| Annex II, point 2(d), first indent | Annex II, point 2(d)(i) |
| Annex II, point 2(d), second indent | Annex II, point 2(d)(ii) |
| Annex II, point 2(d), third indent | Annex II, point 2(d)(iii) |
| Annex II, point 2(d), final wording | Annex II, point 2(d), final wording |
| Annex II, point 2(e) | Annex II, point 2(e) |
| Annex II, points 3-12 | Annex II, points 3-12 |
| Annex II, point 13, first indent | Annex II, point 13(a) |
| Annex II, point 13, second indent | Annex II, point 13(b) |
| Annex III, point 1, introductory wording | Annex III, point 1, introductory wording |
| Annex III, point 1, first indent | Annex III, point 1(a) |
| Annex III, point 1, second indent | Annex III, point 1(b) |
| Annex III, point 1, third indent | Annex III, point 1(c) |
| Annex III, point 1, fourth indent | Annex III, point 1(d) |
| Annex III, point 1, fifth indent | Annex III, point 1(e) |
| Annex III, point 1, sixth indent | Annex III, point 1(f) |
| Annex III, point 2, introductory wording | Annex III, point 2, introductory wording |
| Annex III, point 2, first indent | Annex III, point 2(a) |
| Annex III, point 2, second indent | Annex III, point 2(b) |
| Annex III, point 2, third indent, introductory wording | Annex III, point 2(c), introductory wording |
| Annex III, point 2, third indent, point (a) | Annex III, point 2(c)(i) |
| Annex III, point 2, third indent, point (b) | Annex III, point 2(c)(ii) |
| Annex III, point 2, third indent, point (c) | Annex III, point 2(c)(iii) |
| Annex III, point 2, third indent, point (d) | Annex III, point 2(c)(iv) |
| Annex III, point 2, third indent, point (e) | Annex III, point 2(c)(v) |
| Annex III, point 2, third indent, point (f) | Annex III, point 2(c)(vi) |
| Annex III, point 2, third indent, point (g) | Annex III, point 2(c)(vii) |
| Annex III, point 2, third indent, point (h) | Annex III, point 2(c)(viii) |
| Annex III, point 3, introductory wording | Annex III, point 3, introductory wording |
| Annex III, point 3, first indent | Annex III, point 3(a) |
| Annex III, point 3, second indent | Annex III, point 3(b) |
| Annex III, point 3, third indent | Annex III, point 3(c) |
| Annex III, point 3, fourth indent | Annex III, point 3(d) |
| Annex III, point 3, fifth indent | Annex III, point 3(e) |
| Annex IV, point 1, introductory wording | Annex IV, point 1, introductory wording |
| Annex IV, point 1, first indent | Annex IV, point 1(a) |
| Annex IV, point 1, second indent | Annex IV, point 1(b) |
| Annex IV, point 1, third indent | Annex IV, point 1(c) |
| Annex IV, points 2 and 3 | Annex IV, points 2 and 3 |
| Annex IV, point 4, introductory wording | Annex IV, point 4, first subparagraph, introductory wording |
| Annex IV, point 4, first indent | Annex IV, point 4, first subparagraph, point (a) |
| Annex IV, point 4, second indent | Annex IV, point 4, first subparagraph, point (b) |
| Annex IV, point 4, third indent | Annex IV, point 4, first subparagraph, point (c) |
| Annex IV, point 4, final wording | Annex IV, point 5 |
| Annex IV, point 5 | Annex IV, point 6 |
| Annex IV, point 6 | Annex IV, point 7 |
| Annex IV, point 7 | Annex IV, point 8 |
| — | Annex V |
| — | Annex VI |