# C_2009129EN.01000901.xml

| 6.6.2009 | EN | Official Journal of the European Union | C 129/9 |
| --- | --- | --- | --- |

6.6.2009

EN

Official Journal of the European Union

C 129/9

---

Reference for a preliminary ruling from the Conseil d’Etat (Belgium) lodged on 23 March 2009 — Inter-Environnement Wallonnie ASBL v Région wallonne

(Case C-110/09)

2009/C 129/15

Language of the case: French

Referring court

Referring court

Conseil d’Etat

Parties to the main proceedings

Parties to the main proceedings

Applicant: Inter-Environnement Wallonnie ASBL

Applicant:

Defendant: Région wallonne

Defendant:

Questions referred

Questions referred

| 1. | Is a nitrogen management plan relating to designated vulnerable zones established pursuant to Article 5(1) of Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources (1) a plan or programme under Article 3(2)(a) of Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment, (2) which is prepared for the agriculture, forestry, fisheries, energy, industry, transport, waste management, water management, telecommunications, tourism, town and country planning or land use sectors, and does it set the framework for future development consent of projects listed in Annexes I and II to Directive 85/337/EEC? (3) |
| --- | --- |

1.

Is a nitrogen management plan relating to designated vulnerable zones established pursuant to Article 5(1) of Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources (1) a plan or programme under Article 3(2)(a) of Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment, (2) which is prepared for the agriculture, forestry, fisheries, energy, industry, transport, waste management, water management, telecommunications, tourism, town and country planning or land use sectors, and does it set the framework for future development consent of projects listed in Annexes I and II to Directive 85/337/EEC? (3)

1

2

3

| 2. | Is a nitrogen management plan relating to designated vulnerable zones established pursuant to Article 5(1) of Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources a plan or programme under Article 3(2)(b) of Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment which, in view of the likely effect on sites, requires an assessment pursuant to Article 6 or 7 of Directive 92/43/EEC, (4) in particular when the nitrogen management plan in question applies to all the vulnerable zones designated in the Région wallonne? |
| --- | --- |

2.

Is a nitrogen management plan relating to designated vulnerable zones established pursuant to Article 5(1) of Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources a plan or programme under Article 3(2)(b) of Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment which, in view of the likely effect on sites, requires an assessment pursuant to Article 6 or 7 of Directive 92/43/EEC, (4) in particular when the nitrogen management plan in question applies to all the vulnerable zones designated in the Région wallonne?

4

| 3. | Is a nitrogen management plan relating to designated vulnerable zones established pursuant to Article 5(1) of Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources a plan or programme other than one of those referred to in Article 3(2) of Directive 2001/42/EC, which sets the framework for future development consent in regard to which the Member States must under Article 3(4) determine that they are likely to have significant environmental effects under paragraph (5)? |
| --- | --- |

3.

Is a nitrogen management plan relating to designated vulnerable zones established pursuant to Article 5(1) of Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources a plan or programme other than one of those referred to in Article 3(2) of Directive 2001/42/EC, which sets the framework for future development consent in regard to which the Member States must under Article 3(4) determine that they are likely to have significant environmental effects under paragraph (5)?

---

(1)  OJ 1991 L 375, p. 1.

1

(2)  OJ 2001 L 197, p. 30.

2

(3)  Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment (OJ 1985 L 175, p. 40).

3

(4)  Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ 1992 L 206, p. 7).

4

---