Opinion of the Advocate General — ECLI:EU:C:2010:120
Date: 2010-03-04
Language of the case: French
Subject matter: Environment;Pollution
Procedure: Reference for a preliminary ruling
Origin: Belgium

Summary of the Judgment Environment – Assessment of the effects of certain plans and programmes on the environment – Directive 2001/42 – Plan and programme – Meaning (European Parliament and Council Directive 2001/42, Arts 2(a) and 3(2)(a); Council Directives 85/337, Annexes I and II, and 91/676, Art. 5(1)) An action programme adopted pursuant to Article 5(1) of Directive 91/676 concerning the protection of waters against pollution caused by nitrates from agricultural sources is in principle a plan or programme covered by Article 3(2)(a) of Directive 2001/42 on the assessment of the effects of certain plans and programmes on the environment since it constitutes a ‘plan’ or ‘programme’ within the meaning of Article 2(a) of the latter directive and contains measures compliance with which is a requirement for issue of the consent that may be granted for carrying out projects listed in Annexes I and II to Directive 85/337 on the assessment of the effects of certain public and private projects on the environment, as amended by Directive 97/11. (see para. 55, operative part)