# C_2020378EN.01001002.xml

| 9.11.2020 | EN | Official Journal of the European Union | C 378/10 |
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9.11.2020

EN

Official Journal of the European Union

C 378/10

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Judgment of the Court (First Chamber) of 9 September 2020 (request for a preliminary ruling from the High Court (Ireland) — Ireland) — Friends of the Irish Environment Ltd v An Bord Pleanála

(Case C-254/19) (1)

(Reference for a preliminary ruling - Directive 92/43/EEC - Conservation of natural habitats and of wild fauna and flora - Article 6(3) - Scope - Concepts of ‘project’ and ‘agreement’ - Appropriate assessment of the implications of a plan or project for a protected site - Decision extending the duration of a development consent for the construction of a liquefied natural gas regasification terminal - Original decision based on national legislation which did not properly transpose Directive 92/43)

(2020/C 378/12)

Language of the case: English

Referring court

High Court (Ireland)

Parties to the main proceedings

Applicant: Friends of the Irish Environment Ltd

Defendant: An Bord Pleanála

Intervening party: Shannon Lng Ltd

Operative part of the judgment

| 1. | A decision extending the 10-year period originally set for carrying out a project for the construction of a liquefied natural gas regasification terminal must be regarded as an agreement of a project under Article 6(3) of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, where the original consent, having lapsed, ceased to have legal effect on expiry of the period originally set for those works and the latter have not been undertaken; |
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1.

A decision extending the 10-year period originally set for carrying out a project for the construction of a liquefied natural gas regasification terminal must be regarded as an agreement of a project under Article 6(3) of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, where the original consent, having lapsed, ceased to have legal effect on expiry of the period originally set for those works and the latter have not been undertaken;

| 2. | It is for the competent authority to assess whether a decision extending the period originally set for carrying out a project for the construction of a liquefied natural gas regasification terminal, the original consent for which has lapsed, must be preceded by the appropriate assessment of its implications under the first sentence of Article 6(3) of Directive 92/43 and, if so, whether that assessment must relate to the entire project or part thereof, taking into account, inter alia, previous assessments that may have been carried out and changes in the relevant environmental and scientific data as well as changes to the project and the existence of other plans or projects; |
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2.

It is for the competent authority to assess whether a decision extending the period originally set for carrying out a project for the construction of a liquefied natural gas regasification terminal, the original consent for which has lapsed, must be preceded by the appropriate assessment of its implications under the first sentence of Article 6(3) of Directive 92/43 and, if so, whether that assessment must relate to the entire project or part thereof, taking into account, inter alia, previous assessments that may have been carried out and changes in the relevant environmental and scientific data as well as changes to the project and the existence of other plans or projects;

The assessment of a project’s implications must be carried out where it cannot be ruled out, having regard to the best scientific knowledge in the field, that the plan or project might affect the conservation objectives of the site. A previous assessment of that project, carried out before the original consent for the project was granted, cannot rule out that risk unless it contains full, precise and definitive conclusions capable of removing all reasonable scientific doubt as to the effects of the works, and provided that there are no changes in the relevant environmental and scientific data, no changes to the project and no other plans or projects

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(1)  OJ C 206, 17.6.2019.

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