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This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCIL DIRECTIVE
of 27June 1985
on the assessment of the effects of certain public and private projects on the environment
(85/337/EEC)
(OJ L 175, 5.7.1985, p. 40)
Amended by:
OfficialJournal
No page date
►M1 CouncilDirective 97/11/EC of 3 March 1997 L 73 5 14.3.1997
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COUNCIL DIRECTIVE
of 27June 1985
on the assessment of the effects of certain public and private
projects on the environment
(85/337/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community, and in particular Articles 100 and 235 thereof,
Having regard to the proposalfrom the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and SocialCommittee (3),
Whereas the 1973 (4) and 1977 (5) action programmes of the European
Communities on the environment, as well as the 1983 (6) action
programme, the main outlines of which have been approved by theCouncilof the European Communities and the representatives of theGovernments of the Member States, stress that the best environmentalpolicy consists in preventing the creation of pollution or nuisances atsource, rather than subsequently trying to counteract their effects;whereas they affirm the need to take effects on the environment intoaccount at the earliest possible stage in all the technical planning anddecision-making processes; whereas to that end, they provide for theimplementation of procedures to evaluate such effects;
Whereas the disparities between the laws in force in the various
Member States with regard to the assessment of the environmentaleffects of public and private projects may create unfavourable competi-tive conditions and thereby directly affect the functioning of thecommon market; whereas, therefore, it is necessary to approximatenational laws in this field pursuant to Article 100 of the Treaty;
Whereas, in addition, it is necessary to achieve one of the Community’s
objectives in the sphere of the protection of the environment and thequality of life;
Whereas, since the Treaty has not provided the powers required for this
end, recourse should be had to Article 235 of the Treaty;
Whereas generalprincipl es for the assessment of environmentaleffects
should be introduced with a view to supplementing and coordinatingdevelopment consent procedures governing public and private projectslikely to have a major effect on the environment;
Whereas development consent for public and private projects which are
likely to have significant effects on the environment should be grantedonly after prior assessment of the likely significant environmentaleffects of these projects has been carried out; whereas this assessmentmust be conducted on the basis of the appropriate information suppliedby the developer, which may be supplemented by the authorities and bythe people who may be concerned by the project in question;
Whereas the principles of the assessment of environmental effects
should be harmonized, in particular with reference to the projects whichshould be subject to assessment, the main obligations of the developersand the content of the assessment;
(1) OJ No C 169, 9. 7. 1980, p. 14.
(2) OJ No C 66, 15. 3. 1982, p. 89.
(3) OJ No C 185, 27. 7. 1981, p. 8.
(4) OJ No C 112, 20. 12. 1973, p. 1.
(5) OJ No C 139, 13. 6. 1977, p. 1.
(6) OJ No C 46, 17. 2. 1983, p. 1.
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Whereas projects belonging to certain types have significant effects onthe environment and these projects must as a rule be subject to system-atic assessment;
Whereas projects of other types may not have significant effects on the
environment in every case and whereas these projects should beassessed where the Member States consider that their characteristics sorequire;
Whereas, for projects which are subject to assessment, a certain
minimalamount of information must be suppl ied, concerning theproject and its effects;
Whereas the effects of a project on the environment must be assessed in
order to take account of concerns to protect human health, to contributeby means of a better environment to the quality of life, to ensuremaintenance of the diversity of species and to maintain the reproductivecapacity of the ecosystem as a basic resource for life;
Whereas, however, this Directive should not be applied to projects the
details of which are adopted by a specific act of national legislation,since the objectives of this Directive, including that of supplying infor-mation, are achieved through the legislative process;
Whereas, furthermore, it may be appropriate in exceptionalcases to
exempt a specific project from the assessment procedures laid down bythis Directive, subject to appropriate information being supplied to theCommission,
HAS ADOPTED THIS DIRECTIVE:
Article 1
1. This Directive shall apply to the assessment of the environmental
effects of those public and private projects which are likely to havesignificant effects on the environment.
2. For the purposes of this Directive:
‘project' means:— the execution of construction works or of other installations or
schemes,
— other interventions in the naturalsurroundings and l andscape
including those involving the extraction of mineral resources;
‘developer' means:the applicant for authorization for a private project or the public
authority which initiates a project;
‘development consent' means:the decision of the competent authority or authorities which entitles the
developer to proceed with the project.
3. The competent authority or authorities shall be that or those which
the Member States designate as responsible for performing the dutiesarising from this Directive.
4. Projects serving nationaldefence purposes are not covered by this
Directive.
5. This Directive shall not apply to projects the details of which are
adopted by a specific act of national legislation, since the objectives ofthis Directive, including that of supplying information, are achievedthrough the legislative process.
Article 2
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1. Member States shall adopt all measures necessary to ensure that,before consent is given, projects likely to have significant effects on theenvironment by virtue, inter alia , of their nature, size or location are
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made subject to a requirement for development consent and an assess-
ment with regard to their effects. These projects are defined in Article 4.
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2. The environmentalimpact assessment may be integrated into theexisting procedures for consent to projects in the Member States, or,failing this, into other procedures or into procedures to be established tocomply with the aims of this Directive.
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2a. Member States may provide for a single procedure in order tofulfil the requirements of this Directive and the requirements of CouncilDirective 96/61/EC of 24 September 1996 on integrated pollutionprevention and control(
1).
3. Without prejudice to Article 7, Member States may, in exceptional
cases, exempt a specific project in whole or in part from the provisionslaid down in this Directive.
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In this event, the Member States shall:
(a) consider whether another form of assessment would be appropriate
and whether the information thus collected should be made avail-able to the public;
(b) make available to the public concerned the information relating to
the 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 informa-tion made available, ►
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nationals.
The Commission shall immediately forward the documents received to
the other Member States.
The Commission shall report annually to the Council on the application
of this paragraph.
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Article 3
The environmentalimpact assessment shal lidentify, describe and assess
in an appropriate manner, in the light of each individual case and inaccordance with Articles 4 to 11, the direct and indirect effects of aproject on the following factors:
— human beings, fauna and flora;
— soil, water, air, climate and the landscape;— materialassets and the cul turalheritage;— the interaction between the factors mentioned in the first, second
and third indents.
Article 4
1. Subject to Article 2 (3), projects listed in Annex I shall be made
subject to an assessment in accordance with Articles 5 to 10.
2. Subject to Article 2 (3), for projects listed in Annex II, the
Member States shall determine through:
(a) a case-by-case examination,
or
(b) thresholds or criteria set by the Member Statewhether the project shall be made subject to an assessment in accord-
ance with Articles 5 to 10.
(1) OJ No L 257, 10. 10. 1996, p. 26.
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Member States may decide to apply both procedures referred to in (a)
and (b).
3. When a case-by-case examination is carried out or thresholds or
criteria are set for the purpose of paragraph 2, the relevant selectioncriteria set out in Annex III shall be taken into account.
4. Member States shall ensure that the determination made by the
competent authorities under paragraph 2 is made available to the public.
Article 5
1. In the case of projects which, pursuant to Article 4, must be
subjected to an environmentalimpact assessment in accordance withArticles 5 to 10, Member States shall adopt the necessary measures toensure that the developer supplies in an appropriate form the informa-tion specified in Annex IV inasmuch as:
(a) the Member States consider that the information is relevant to a
given stage of the consent procedure and to the specific characteris-tics of a particular project or type of project and of the environ-mental features likely to be affected;
(b) the Member States consider that a developer may reasonably be
required to compile this information having regard inter alia to
current knowledge and methods of assessment.
2. Member States shall take the necessary measures to ensure that, if
the developer so requests before submitting an application for develop-ment consent, the competent authority shall give an opinion on theinformation to be supplied by the developer in accordance with para-graph 1. The competent authority shall consult the developer andauthorities referred to in Article 6 (1) before it gives its opinion. Thefact that the authority has given an opinion under this paragraph shallnot preclude it from subsequently requiring the developer to submitfurther information.
Member States may require the competent authorities to give such an
opinion, irrespective of whether the developer so requests.
3. The information to be provided by the developer in accordance
with paragraph 1 shall include at least:
— a description of the project comprising information on the site,
design and size of the project,
— a description of the measures envisaged in order to avoid, reduce
and, if possible, remedy significant adverse effects,
— the data required to identify and assess the main effects which the
project is likely to have on the environment,
— an outline of the main alternatives studied by the developer and an
indication of the main reasons for his choice, taking into account theenvironmentaleffects,
— a non-technicalsummary of the information mentioned in the
previous indents.
4. Member States shall, if necessary, ensure that any authorities
holding relevant information, with particular reference to Article 3, shallmake this information available to the developer.
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Article 6
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1. Member States shall take the measures necessary to ensure that theauthorities likely to be concerned by the project by reason of theirspecific environmentalresponsibil ities are given an opportunity toexpress their opinion on the information supplied by the developer andon the request for development consent. To this end, Member Statesshall designate the authorities to be consulted, either in general terms oron a case-by-case basis. The information gathered pursuant to Article 5
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shall be forwarded to those authorities. Detailed arrangements forconsultation shall be laid down by the Member States.
2. Member States shall ensure that any request for development
consent and any information gathered pursuant to Article 5 are madeavailable to the public within a reasonable time in order to give thepublic concerned the opportunity to express an opinion before thedevelopment consent is granted.
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3. The detailed arrangements for such information and consultationshall be determined by the Member States, which may in particular,depending on the particular characteristics of the projects or sitesconcerned:
— determine the public concerned,
— specify the places where the information can be consulted,— specify the way in which the public may be informed, for example
by bill-posting within a certain radius, publication in local newspa-pers, organization of exhibitions with plans, drawings, tables,graphs, models,
— determine the manner in which the public is to be consulted, for
example, by written submissions, by public enquiry,
— fix appropriate time limits for the various stages of the procedure in
order to ensure that a decision is taken within a reasonable period.
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Article 7
1. Where a Member State is aware that a project is likely to have
significant effects on the environment in another Member State orwhere a Member State likely to be significantly affected so requests, theMember State in whose territory the project is intended to be carried outshall send to the affected Member State as soon as possible and no laterthan when informing its own public, inter alia:
(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,and shall give the other Member State a reasonable time in which to
indicate whether it wishes to participate in the EnvironmentalImpactAssessment procedure, and may include the information referred to inparagraph 2.
2. If a Member State which receives information pursuant to para-
graph 1 indicates that it intends to participate in the EnvironmentalImpact Assessment procedure, the Member State in whose territory theproject is intended to be carried out shall, if it has not already done so,send to the affected Member State the information gathered pursuant toArticle 5 and relevant information regarding the said procedure,including the request for development consent.
3. The Member States concerned, each insofar as it is concerned,
shall also:
(a) arrange for the information referred to in paragraphs 1 and 2 to be
made available, within a reasonable time, to the authorities referredto in Article 6 (1) and the public concerned in the territory of theMember State likely to be significantly affected; and
(b) ensure that those authorities 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 informationsupplied to the competent authority in the Member State in whoseterritory the project is intended to be carried out.
4. The Member States concerned shall enter into consultations
regarding, inter alia , the potentialtransboundary effects of the project
and the measures envisaged to reduce or eliminate such effects and shallagree on a reasonable time frame for the duration of the consultationperiod.
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5. The detailed arrangements for implementing the provisions of this
Article may be determined by the Member States concerned.
Article 8
The results of consultations and the information gathered pursuant to
Articles 5, 6 and 7 must be taken into consideration in the developmentconsent procedure.
Article 9
1. When a decision to grant or refuse development consent has been
taken, the competent authority or authorities shall inform the publicthereof in accordance with the appropriate procedures and shall makeavailable to the public the following information:
— the content of the decision and any conditions attached thereto,
— the main reasons and considerations on which the decision is based,— a description, where necessary, of the main measures to avoid,
reduce and, if possible, offset the major adverse effects.
2. The competent authority or authorities shall inform any Member
State which has been consulted pursuant to Article 7, forwarding to itthe information referred to in paragraph 1.
Article 10
The provisions of this Directive shall not affect the obligation on the
competent authorities to respect the limitations imposed by nationalregulations and administrative provisions and accepted legal practiceswith regard to commercial and industrial confidentiality, including intel-lectual property, and the safeguarding of the public interest.
Where Article 7 applies, the transmission of information to another
Member State and the receipt of information by another Member Stateshall be subject to the limitations in force in the Member State in whichthe project is proposed.
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Article 11
1. The Member States and the Commission shall exchange informa-
tion on the experience gained in applying this Directive.
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2. In particular, Member States shall inform the Commission of anycriteria and/or thresholds adopted for the selection of the projects inquestion, in accordance with Article 4 (2).
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3. Five years after notification of this Directive, the Commissionshall send the European Parliament and the Council a report on itsapplication and effectiveness. The report shall be based on the afore-mentioned exchange of information.
4. On the basis of this exchange of information, the Commission
shall submit to the Council additional proposals, should this be neces-sary, with a view to this Directive’s being applied in a sufficientlycoordinated manner.
Article 12
1. Member States shall take the measures necessary to comply with
this Directive within three years of its notification (
1).
(1) This Directive was notified to the Member States on 3 July 1985.
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2. Member States shall communicate to the Commission the texts ofthe provisions of national law which they adopt in the field covered bythis Directive.
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Article 14
This Directive is addressed to the Member States.
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ANNEX I
PROJECTS SUBJECT TO ARTICLE 4 (1)
1. Crude-oil refineries (excluding undertakings manufacturing only lubricants
from crude oil) and installations for the gasification and liquefaction of 500tonnes or more of coalor bituminous shal e per day.
2. — Thermal power stations and other combustion installations with a heat
output of 300 megawatts or more, and
— nuclear power stations and other nuclear reactors including the disman-
tling or decommissioning of such power stations or reactors (*) (exceptresearch installations for the production and conversion of fissionableand fertile materials, whose maximum power does not exceed 1 kilowattcontinuous thermall oad).
3. (a) Installations for the reprocessing of irradiated nuclear fuel.
(b) Installations designed:
— for the production or enrichment of nuclear fuel,
— for the processing of irradiated nuclear fuel or high-level radioactive
waste,
— for the finaldisposalof irradiated nucl ear fuel ,— solely for the final disposal of radioactive waste,— solely for the storage (planned for more than 10 years) of irradiated
nuclear fuels or radioactive waste in a different site than the produc-tion site.
4. — Integrated works for the initial smelting of cast-iron and steel;
— Installations for the production of non-ferrous crude metals from ore,
concentrates or secondary raw materials by metallurgical, chemical orelectrolytic processes.
5. Installations for the extraction of asbestos and for the processing and trans-
formation of asbestos and products containing asbestos: for asbestos-cementproducts, with an annualproduction of more than 20 000 tonnes of finishedproducts, for friction material, with an annual production of more than 50tonnes of finished products, and for other uses of asbestos, utilization ofmore than 200 tonnes per year.
6. Integrated chemical installations, i.e. those installations for the manufacture
on an industrialscal e of substances using chemicalconversion processes, inwhich several units are juxtaposed and are functionally linked to one anotherand which are:
(i) for the production of basic organic chemicals;
(ii) for the production of basic inorganic chemicals;
(iii) for the production of phosphorous-, nitrogen- or potassium-based ferti-
lizers (simple or compound fertilizers);
(iv) for the production of basic plant health products and of biocides;
(v) for the production of basic pharmaceuticalproducts using a chemicalor
biological process;
(vi) for the production of explosives.
7. (a) Construction of lines for long-distance railway traffic and of airports (
1)
with a basic runway length of 2 100 m or more;
(b) Construction of motorways and express roads (2);
(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 ormore lanes, where such new road, or realigned and/or widened sectionof road would be 10 km or more in a continuous length.
8. (a) Inland waterways and ports for inland-waterway traffic which permit the
passage of vessels of over 1 350 tonnes;
(*) Nuclear power stations and other nuclear reactors cease to be such an installation
when all nuclear fuel and other radioactively contaminated elements have beenremoved permanently from the installation site.
(
1) For the purposes of this Directive, ‘airport' means airports which comply with the
definition in the 1944 Chicago Convention setting up the InternationalCivilAviationOrganization (Annex 14).
(
2) For the purposes of the Directive, ‘express road' means a road which complies with
the definition in the European Agreement on Main InternationalTraffic Arteries of 15November 1975.
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(b) Trading ports, piers for loading and unloading connected to land and
outside ports (excluding ferry piers) which can take vessels of over1 350 tonnes.
9. Waste disposal installations for the incineration, chemical treatment as
defined in Annex IIA to Directive 75/442/EEC (
1) under heading D9, or
landfill of hazardous waste (i.e. waste to which Directive 91/689/EEC (2)
applies).
10. Waste disposal installations for the incineration or chemical treatment as
defined in Annex IIA to Directive 75/442/EEC under heading D9 of non-hazardous waste with a capacity exceeding 100 tonnes per day.
11. Groundwater abstraction or artificialgroundwater recharge schemes where
the annual volume of water abstracted or recharged is equivalent to orexceeds 10 million cubic metres.
12. (a) Works for the transfer of water resources between river basins where
this transfer aims at preventing possible shortages of water and wherethe 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 abstrac-tion exceeds 2 000 million cubic metres/year and where the amount ofwater transferred exceeds 5 % of this flow.
In both cases transfers of piped drinking water are excluded.
13. Waste water treatment plants with a capacity exceeding 150 000 population
equivalent as defined in Article 2 point (6) of Directive 91/271/EEC (
3).
14. Extraction of petrol eum and naturalgas for commercialpurposes where the
amount extracted exceeds 500 tonnes/day in the case of petroleum and500 000 m
3/day in the case of gas.
15. Dams and other installations designed for the holding back or permanent
storage of water, where a new or additionalamount of water hel d back orstored exceeds 10 million cubic metres.
16. Pipelines for the transport of gas, oil or chemicals with a diameter of more
than 800 mm and a length of more than 40 km.
17. Installations for the intensive rearing of poultry or pigs with more than:
(a) 85 000 places for broilers, 60 000 places for hens;
(b) 3 000 places for production pigs (over 30 kg); or
(c) 900 places for sows.
18. Industrialpl ants for the
(a) production of pulp from timber or similar fibrous materials;
(b) production of paper and board with a production capacity exceeding 200
tonnes per day.
19. Quarries and open-cast mining where the surface of the site exceeds 25
hectares, or peat extraction, where the surface of the site exceeds 150hectares.
20. Construction of overhead electrical power lines with a voltage of 220 kV or
more and a length of more than 15 km.
21. Installations for storage of petroleum, petrochemical, or chemical products
with a capacity of 200 000 tonnes or more.
(1) OJNo L 194, 25. 7. 1975, p. 39. Directive as last amended by Commission Decision
94/3/EC (OJ No L 5, 7. 1. 1994, p. 15).
(2) OJ No L 377, 31. 12. 1991, p. 20. Directive as last amended by Directive 94/31/EC
(OJ No L 168, 2. 7. 1994, p. 28).
(3) OJ No L 135, 30. 5. 1991, p. 40. Directive as last amended by the 1994 Act of
Accession.
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ANNEX II
PROJECTS SUBJECT TO ARTICLE 4 (2)
1.Agriculture, silviculture and aquaculture
(a) Projects for the restructuring of rural land holdings;
(b) Projects for the use of uncultivated land or semi-natural areas for inten-
sive agricultural purposes;
(c) Water management projects for agriculture, including irrigation and land
drainage projects;
(d) Initialafforestation and deforestation for the purposes of conversion to
another type of land use;
(e) Intensive livestock installations (projects not included in Annex I);
(f) Intensive fish farming;
(g) Reclamation of land from the sea.
2.Extractive industry
(a) Quarries, open-cast mining and peat extraction (projects not included in
Annex I);
(b) Underground mining;
(c) Extraction of minerals by marine or fluvial dredging;
(d) Deep drillings, in particular:
— geothermal drilling,
— drilling for the storage of nuclear waste material,— drilling for water supplies,
with the exception of drillings for investigating the stability of the
soil;
(e) Surface industrial installations for the extraction of coal, petroleum,
naturalgas and ores, as wel las bituminous shal e.
3.Energy industry
(a) Industrial installations for the production of electricity, steam and hot
water (projects not included in Annex I);
(b) Industrial installations for carrying gas, steam and hot water; transmis-
sion of electrical energy by overhead cables (projects not included inAnnex I);
(c) Surface storage of naturalgas;
(d) Underground storage of combustible gases;
(e) Surface storage of fossilfuel s;
(f) Industrialbriquetting of coaland l ignite;
(g) Installations for the processing and storage of radioactive waste (unless
included in Annex I);
(h) Installations for hydroelectric energy production;
(i) Installations for the harnessing of wind power for energy production
(wind farms).
4.Production and processing of metals
(a) Installations for the production of pig iron or steel (primary or secondary
fusion) including continuous casting;
(b) Installations for the processing of ferrous metals:
(i) hot-rolling mills;
(ii) smitheries with hammers;
(iii) application of protective fused metal coats;
(c) Ferrous metalfoundries;
(d) Installations for the smelting, including the alloyage, of non-ferrous
metals, excluding precious metals, including recovered products(refining, foundry casting, etc.);
(e) Installations for surface treatment of metals and plastic materials using
an electrolytic or chemical process;
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(f) Manufacture and assembly of motor vehicles and manufacture of motor-
vehicle engines;
(g) Shipyards;(h) Installations for the construction and repair of aircraft;
(i) Manufacture of railway equipment;(j) Swaging by explosives;
(k) Installations for the roasting and sintering of metallic ores.
5.Mineral industry
(a) Coke ovens (dry coal distillation);
(b) Installations for the manufacture of cement;
(c) Installations for the production of asbestos and the manufacture of
asbestos-products (projects not included in Annex I);
(d) Installations for the manufacture of glass including glass fibre;
(e) Installations for smelting mineral substances including the production of
mineralfibres;
(f) Manufacture of ceramic products by burning, in particular roofing tiles,
bricks, refractory bricks, tiles, stoneware or porcelain.
6.Chemical industry (Projects not included in Annex I)
(a) Treatment of intermediate products and production of chemicals;
(b) Production of pesticides and pharmaceuticalproducts, paint and
varnishes, elastomers and peroxides;
(c) Storage facilities for petroleum, petrochemical and chemical products.
7.Food industry
(a) Manufacture of vegetable and animal oils and fats;
(b) Packing and canning of animaland vegetabl e products;
(c) Manufacture of dairy products;
(d) Brewing and malting;
(e) Confectionery and syrup manufacture;
(f) Installations for the slaughter of animals;
(g) Industrial starch manufacturing installations;(h) Fish-mealand fish-oilfactories;
(i) Sugar factories.
8.Textile, leather, wood and paper industries
(a) Industrialpl ants for the production of paper and board (projects not
included in Annex I);
(b) Plants for the pretreatment (operations such as washing, bleaching,
mercerization) or dyeing of fibres or textiles;
(c) Plants for the tanning of hides and skins;
(d) Cellulose-processing and production installations.
9.Rubber industry
Manufacture and treatment of elastomer-based products.
10.Infrastructure projects
(a) Industrialestate devel opment projects;
(b) Urban development projects, including the construction of shopping
centres and car parks;
(c) Construction of railways and intermodal transshipment facilities, and of
intermodal terminals (projects not included in Annex I);
(d) Construction of airfields (projects not included in Annex I);
(e) Construction of roads, harbours and port installations, including fishing
harbours (projects not included in Annex I);
(f) Inland-waterway construction not included in Annex I, canalization and
flood-relief works;
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(g) Dams and other installations designed to hold water or store it on a
long-term basis (projects not included in Annex I);
(h) Tramways, elevated and underground railways, suspended lines or
similar lines of a particular type, used exclusively or mainly forpassenger transport;
(i) Oil and gas pipeline installations (projects not included in Annex I);(j) Installations of long-distance aqueducts;
(k) Coastal work to combat erosion and maritime works capable of altering
the coast through the construction, for example, of dykes, moles, jettiesand other sea defence works, excluding the maintenance and recon-struction of such works;
(l) Groundwater abstraction and artificial groundwater recharge schemes
not included in Annex I;
(m) Works for the transfer of water resources between river basins not
included in Annex I.
11.Other projects
(a) Permanent racing and test tracks for motorized vehicles;
(b) Installations for the disposal of waste (projects not included in Annex I);
(c) Waste-water treatment plants (projects not included in Annex I);
(d) Sludge-deposition sites;
(e) Storage of scrap iron, including scrap vehicles;
(f) Test benches for engines, turbines or reactors;
(g) Installations for the manufacture of artificial mineral fibres;(h) Installations for the recovery or destruction of explosive substances;
(i) Knackers’ yards.
12.Tourism and leisure
(a) Ski-runs, ski-lifts and cable-cars and associated developments;
(b) Marinas;
(c) Holiday villages and hotel complexes outside urban areas and associated
developments;
(d) Permanent camp sites and caravan sites;
(e) Theme parks.
13. — Any change or extension of projects listed in Annex I or Annex II,
already authorized, executed or in the process of being executed, whichmay have significant adverse effects on the environment;
— Projects in Annex I, undertaken exclusively or mainly for the develop-
ment and testing of new methods or products and not used for more thantwo years.
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ANNEX III
SELECTION CRITERIA REFERRED TO IN ARTICLE 4 (3)
1.Characteristics of projects
The characteristics of projects must be considered having regard, in particular,
to:
— the size of the project,
— the cumulation with other projects,— the use of naturalresources,— the production of waste,— pollution and nuisances,— the risk of accidents, having regard in particular to substances or technolo-
gies used.
2.Location of projects
The environmentalsensitivity of geographicalareas l ikel y to be affected by
projects must be considered, having regard, in particular, to:
— the existing land use,
— the relative abundance, quality and regenerative capacity of natural
resources in the area,
— the absorption capacity of the naturalenvironment, paying particul ar
attention to the following areas:
(a) wetlands;
(b) coastalzones;
(c) mountain and forest areas;
(d) nature reserves and parks;
(e) areas classified or protected under Member States’ legislation; special
protection areas designated by Member States pursuant to Directive79/409/EEC and 92/43/EEC;
(f) areas in which the environmental quality standards laid down in
Community legislation have already been exceeded;
(g) densely populated areas;(h) landscapes of historical, cultural or archaeological significance.
3.Characteristics of the potential impact
The potentialsignificant effects of projects must be considered in rel ation to
criteria set out under 1 and 2 above, and having regard in particular to:
— the extent of the impact (geographicalarea and size of the affected
population),
— the transfrontier nature of the impact,— the magnitude and complexity of the impact,— the probability of the impact,— the duration, frequency and reversibility of the impact.
1985L0337 — EN — 03.04.1997 — 001.001 — 15
▼M1
ANNEX IV
INFORMATION REFERRED TO IN ARTICLE 5 (1)
1. Description of the project, including in particular:
— a description of the physicalcharacteristics of the whol e project and the
land-use requirements during the construction and operational phases,
— a description of the main characteristics of the production processes, for
instance, nature and quantity of the materials used,
— an estimate, by type and quantity, of expected residues and emissions
(water, air and soil pollution, noise, vibration, light, heat, radiation, etc.)resulting from the operation of the proposed project.
2. An outline of the main alternatives studied by the developer and an indication
of the main reasons for this choice, taking into account the environmentaleffects.
3. A description of the aspects of the environment likely to be significantly
affected by the proposed project, including, in particular, population, fauna,flora, soil, water, air, climatic factors, material assets, including the architec-tural and archaeological heritage, landscape and the inter-relationship betweenthe above factors.
4. A description (
1) of the likely significant effects of the proposed project on
the environment resulting from:
— the existence of the project,
— the use of naturalresources,— the emission of pollutants, the creation of nuisances and the elimination of
waste,
and the description by the developer of the forecasting methods used to assess
the effects on the environment.
5. A description of the measures envisaged to prevent, reduce and where
possible offset any significant adverse effects on the environment.
6. A non-technicalsummary of the information provided under the above head-
ings.
7. An indication of any difficulties (technical deficiencies or lack of know-how)
encountered by the developer in compiling the required information.
(1) This description should cover the direct effects and any indirect, secondary, cumula-
tive, short, medium and long-term, permanent and temporary, positive and negativeeffects of the project.