1985L0337 — EN — 25.06.2003 — 002.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCILDIRECTIVE
of27June1985
ontheassessmentoftheeffectsofcertain publicandprivateprojectsontheenvironment
(85/337/EEC)
(OJ L 175, 5.7.1985, p. 40)
Amended by:
Official Journal
No page date
►M1Council Directive 97/11/EC of 3 March 1997 L 73 5 14.3.1997
►M2Directive 2003/35/EC of the European Parliament and of the Council of
26 May 2003L 156 17 25.6.2003
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COUNCILDIRECTIVE
of27June1985
on the assessment of the effects of certain public and private
projectsontheenvironment
(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 proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social
Committee (3),
Whereas the 1973 (4) and 1977(5) actionprogrammes of the European
Communities on the environment, as well as the 1983 (6) action
programme, the mainoutlin es of which have beenapproved by theCouncil of the European Communities and the representatives of theGovernments of the Member States, stress that the best environmental
policy consists in preventing the creation of pollution or nuisances at
source, 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 betweenthe laws inforce inthe various
Member States with regard to the assessment of the environmental
effects of public and private projects may create unfavourable competi-
tive conditions and thereby directly affect the functioning of thecommonmarket; whereas, therefore, it is n ecessary 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 general principles for the assessment of environmental effects
should be introduced with a view to supplementing and coordinating
development consent procedures governing public and private projects
likely 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 beencarried out; whereas this assessmen tmust be conducted on the basis of the appropriate information suppliedby the developer, which may be supplemented by the authorities and
by the 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
which should be subject to assessment, the main obligations of thedevelopers and the content of the assessment;1985L0337 — EN — 25.06.2003 — 002.001 — 2
(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 on
the environment and these projects must as a rule be subject tosystematic assessment;
Whereas projects of other types may not have significant effects on the
environment in every case and whereas these projects should be
assessed where the Member States consider that their characteristicsso require;
Whereas, for projects which are subject to assessment, a certain
minimal amount of information must be supplied, 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 contri-
bute by means of a better environment to the quality of life, to ensuremaintenance of the diversity of species and to maintain the reproduc-tive capacity 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 inexception al cases to
exempt a specific project from the assessment procedures laid downby this Directive, subject to appropriate information being supplied tothe Commission,
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 natural surroundings and landscape
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;
‘public’ means:
one or more natural or legal persons and, in accordance with national
legislation or practice, their associations, organisations or groups;
‘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 Article2(2); for the purposes of this definition, non-governmental organisa-tions promoting environmental protection and meeting anyrequirements under national law shall be deemed to have an interest.
3. The competent authority or authorities shall be that or those
which the Member States designate as responsible for performing theduties arising from this Directive.1985L0337 — EN — 25.06.2003 — 002.001 — 3
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4. Member States may decide, ona case-by-case basis if so provided
under national law, not to apply this Directive to projects servingnational defence purposes, if they deem that such application would
have anadverse effect onthese purposes.
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 achieved
through the legislative process.
Article 2
1. Member States shall adopt all measures necessary to ensure that,
before consent is given, projects likely to have significant effects on
the environment by virtue, inter alia , of their nature, size or location
are made subject to a requirement for development consent and anassessment with regard to their effects. These projects are defined inArticle 4.
2. The environmental impact assessment may be integrated into the
existing procedures for consent to projects in the Member States, or,
failing this, into other procedures or into procedures to be establishedto comply with the aims of this Directive.
2a. Member States may provide for a single procedure in order to
fulfil the requirements of this Directive and the requirements of
Council Directive 96/61/EC of 24 September 1996 on integrated pollu-
tion prevention and control (
1).
3. Without prejudice to Article 7, Member States may, inexcep-
tional cases, exempt a specific project in whole or in part from the
provisions laid down in this Directive.
Inthis even t, the Member States shall:
(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 infor-
mation relating to the exemption decision 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-
tionmade available, ►M1where applicable ◄, to their own
nationals.
The Commissionshall immediately forward the documen ts received to
the other Member States.
The Commission shall report annually to the Council on the application
of this paragraph.
Article 3
The environmental impact assessment shall identify, describe and
assess in an appropriate manner, in the light of each individual case
and in accordance with Articles 4 to 11, the direct and indirect effects
of a project onthe followin g factors:
— human beings, fauna and flora;
— soil, water, air, climate and the landscape;— material assets and the cultural heritage;1985L0337 — EN — 25.06.2003 — 002.001 — 4
(1) OJ No L 257, 10. 10. 1996, p. 26.▼B
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— 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 State
whether the project shall be made subject to anassessmen t inaccor-
dance with Articles 5 to 10.
Member States may decide to apply both procedures referred to in(a)
and (b).
3. Whena case-by-case examin ationis 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 thepublic.
Article 5
1. Inthe case of projects which, pursuan t to Article 4, must be
subjected to an environmental impact assessment in accordance with
Articles 5 to 10, Member States shall adopt the necessary measures to
ensure 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 character-istics of a particular project or type of project and of theenvironmental 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 the
information 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 submit
further 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,
designan d size of the project,
— a descriptionof the measures en visaged inorder 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
the environmental effects,
— a non-technical summary of the information mentioned in the
previous indents.1985L0337 — EN — 25.06.2003 — 002.001 — 5
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4. Member States shall, if necessary, ensure that any authorities
holding relevant information, with particular reference to Article 3,shall make this information available to the developer.
Article 6
1. Member States shall take the measures necessary to ensure that
the authorities likely to be concerned by the project by reason of theirspecific environmental responsibilities are given an opportunity to
express their opinion on the information supplied by the developer
and on the request for development consent. To this end, MemberStates shall designate the authorities to be consulted, either in generalterms or on a case-by-case basis. The information gathered pursuant toArticle 5 shall be forwarded to those authorities. Detailed arrangementsfor consultation shall be laid down by the Member States.
2. The public shall be informed, whether by public notices or other
appropriate means such as electronic media where available, of the
following matters early in the environmental decision-making proce-
dures referred to inArticle 2(2) an d, at the latest, as soonasinformation can reasonably be provided:
(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 7applies;
(c) details of the competent authorities responsible for taking the deci-
sion, 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 where and 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.
3. Member States shall ensure that, within reasonable time-frames,
the following is made available to the public concerned:
(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 whenthe public concerned is informed in accordance with paragraph 2of this Article;
(c) inaccordan ce with the provision s of Directive 2003/4/EC of the
European Parliament and of the Council of 28 January 2003 on
public access to environmental information (
1), information other
thanthat referred to inparagraph 2 of this Article which is relevan tfor the decision in accordance with Article 8 and which onlybecomes available after the time the public concerned wasinformed in accordance with paragraph 2 of this Article.
4. The public concerned shall be given early and effective opportu-
nities to participate in the environmental decision-making proceduresreferred to in Article 2(2) and shall, for that purpose, be entitled toexpress comments and opinions when all options are open to thecompetent authority or authorities before the decision on the requestfor development consent is taken.1985L0337 — EN — 25.06.2003 — 002.001 — 6
(1) OJ L 41, 14.2.2003, p. 26.▼B
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5. The detailed arrangements for informing the public (for example
by bill posting within a certain radius or publication in local newspa-pers) and for consulting the public concerned (for example by written
submissions or by way of a public inquiry) shall be determined by the
Member States.
6. Reasonable time-frames for the different phases shall be provided,
allowing sufficient time for informing the public and for the publicconcerned to prepare and participate effectively in environmental deci-sion-making subject to the provisions of this Article.
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 or
where a Member State likely to be significantly affected so requests,the Member State in whose territory the project is intended to becarried out shall send to the affected Member State as soon as possibleand no later than 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 environmental deci-
sion-making procedures referred to in Article 2(2), and may include
the information referred to in paragraph 2 of this Article.
2. If a Member State which receives information pursuant to para-
graph 1 indicates that it intends to participate in the environmentaldecision-making procedures referred to in Article 2(2), the MemberState in whose territory the project is intended to be carried out shall,if it has not already done so, send to the affected Member State theinformation required to be given pursuant to Article 6(2) and made
available pursuant to Article 6(3)(a) and (b).
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, withina reason able time, to the authorities referred
to 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 informa-
tionsupplied to the competen t authority inthe Member State in
whose territory the project is intended to be carried out.
4. The Member States concerned shall enter into consultations
regarding, inter alia , the potential transboundary effects of the project
and the measures envisaged to reduce or eliminate such effects andshall agree on a reasonable time frame for the duration of the consulta-tionperiod.
5. The detailed arrangements for implementing this Article may be
determined by the Member States concerned and shall be such as toenable the public concerned in the territory of the affected Member
State to participate effectively in the environmental decision-making
procedures referred to inArticle 2(2) for the project.
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.1985L0337 — EN — 25.06.2003 — 002.001 — 7
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Article 9
1. When a decision to grant or refuse development consent has been
taken, the competent authority or authorities shall inform the public
thereof 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,
— having examined the concerns and opinions expressed by the public
concerned, the main reasons and considerations on which the deci-sion is based, including information about the public participation
process,
— 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 of this Article.
The consulted Member States shall ensure that that information is made
available in an appropriate manner to the public concerned in their ownterritory.
Article 10
The provisions of this Directive shall not affect the obligation on the
competent authorities to respect the limitations imposed by national
regulations and administrative provisions and accepted legal practiceswith regard to commercial and industrial confidentiality, includingintellectual 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 limitation s inforce inthe Member State in
which the project is proposed.
Article 10a
Member States shall ensure that, in accordance with the relevant
national legal system, members of the public concerned:
(a) having a sufficient interest, or alternatively,
(b) maintaining the impairment of a right, where administrative proce-
dural law of a Member State requires this as a precondition,
have access to a review procedure before a court of law or another
independent and impartial body established by law to challenge the
substantive or procedural legality of decisions, acts or omissionssubject to the public participationprovision s of this Directive.
Member States shall determine at what stage the decisions, acts or
omissions may be challenged.
What constitutes a sufficient interest and impairment of a right shall be
determined by the Member States, consistently with the objective of
giving the public concerned wide access to justice. To this end, the
interest of any non-governmental organisation meeting the require-ments referred to in Article 1(2), shall be deemed sufficient for thepurpose of subparagraph (a) of this Article. Such organisations shallalso be deemed to have rights capable of being impaired for thepurpose of subparagraph (b) of this Article.
The provisions of this Article shall not exclude the possibility of a
preliminary review procedure before an administrative authority andshall not affect the requirement of exhaustion of administrative reviewprocedures prior to recourse to judicial review procedures, where sucha requirement exists under national law.
Any such procedure shall be fair, equitable, timely and not prohibi-
tively expensive.1985L0337 — EN — 25.06.2003 — 002.001 — 8
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In order to further the effectiveness of the provisions of this article,
Member States shall ensure that practical information is made availableto the public on access to administrative and judicial review proce-
dures.
Article 11
1. The Member States and the Commission shall exchange informa-
tion on the experience gained in applying this Directive.
2. In particular, Member States shall inform the Commission of any
criteria and/or thresholds adopted for the selection of the projects inquestion, in accordance with Article 4 (2).
3. Five years after notification of this Directive, the Commission
shall 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 sufficiently
coordinated manner.
Article 12
1. Member States shall take the measures necessary to comply with
this Directive withinthree years of its n otification(
1).
2. Member States shall communicate to the Commission the texts of
the provisions of national law which they adopt in the field covered bythis Directive.
Article 14
This Directive is addressed to the Member States.1985L0337 — EN — 25.06.2003 — 002.001 — 9
(1) This Directive was notified to the Member States on 3 July 1985.▼B
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ANNEX I
PROJECTSSUBJECTTOARTICLE4(1)
1. Crude-oil refineries (excluding undertakings manufacturing only lubricants
from crude oil) and installations for the gasification and liquefaction of
500 tonnes or more of coal or bituminous shale 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 (*) (except
research installations for the production and conversion of fissionableand fertile materials, whose maximum power does not exceed 1 kilowatt
continuous thermal load).
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 final disposal of irradiated nuclear 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-
tionsite.
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 or
electrolytic processes.
5. Installations for the extraction of asbestos and for the processing and trans-
formation of asbestos and products containing asbestos: for asbestos-cement
products, with an annual production of more than 20000 tonnes of finished
products, for friction material, with an annual production of more than 50
tonnes of finished products, and for other uses of asbestos, utilization of
more than 200 tonnes per year.
6. Integrated chemical installations, i.e. those installations for the manufacture
on an industrial scale of substances using chemical conversion processes, in
which several units are juxtaposed and are functionally linked to one
another and which are:
(i) for the productionof basic organ ic 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 productionof basic pharmaceutical products usin g a chemical
or biological process;
(vi) for the productionof 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
or more lanes, where such new road, or realigned and/or widenedsection of 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;1985L0337 — EN — 25.06.2003 — 002.001 — 10
(*) 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 defi-
nition in the 1944 Chicago Convention setting up the International Civil AviationOrganization (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 International Traffic Arteries of 15
November 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 over
1 350 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 artificial groundwater recharge schemes where
the annual volume of water abstracted or recharged is equivalent to or
exceeds 10 millioncubic metres.
12. (a) Works for the transfer of water resources between river basins where
this transfer aims at preventing possible shortages of water and where
the amount of water transferred exceeds 100 million cubic metres/year;
(b) Inall other cases, works for the tran sfer of water resources between
river basins where the multi-annual average flow of the basin of
abstractionexceeds 2 000 millioncubic metres/year an d where the
amount of water 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 150000 population
equivalent as defined in Article 2 point (6) of Directive 91/271/EEC (3).
14. Extraction of petroleum and natural gas for commercial purposes where the
amount extracted exceeds 500 tonnes/day in the case of petroleum and
500000 m3/day inthe case of gas.
15. Dams and other installations designed for the holding back or permanent
storage of water, where a new or additional amount of water held back or
stored exceeds 10 millioncubic 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) 85000 places for broilers, 60000 places for hens;
(b) 3 000 places for productionpigs (over 30 kg); or
(c) 900 places for sows.
18. Industrial plants for the
(a) productionof pulp from timber or similar fibrous materials;
(b) productionof paper an d board with a productioncapacity exceedin g
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 150
hectares.
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 200000 tonnes or more.
22. Any change to or extension of projects listed in this Annex where such a
change or extension in itself meets the thresholds, if any, set out in this
Annex.1985L0337 — EN — 25.06.2003 — 002.001 — 11
(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 Acces-
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ANNEX II
PROJECTSSUBJECTTOARTICLE4(2)
1.Agriculture,silvicultureandaquaculture
(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) Initial afforestation 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) Reclamationof lan d 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,
natural gas and ores, as well as bituminous shale.
3.Energyindustry
(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 in
Annex I);
(c) Surface storage of natural gas;
(d) Underground storage of combustible gases;
(e) Surface storage of fossil fuels;
(f) Industrial briquetting of coal and lignite;
(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.Productionandprocessingofmetals
(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) applicationof protective fused metal coats;
(c) Ferrous metal foundries;
(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
anelectrolytic or chemical process;1985L0337 — EN — 25.06.2003 — 002.001 — 12
▼M1
(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.Mineralindustry
(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
mineral fibres;
(f) Manufacture of ceramic products by burning, in particular roofing tiles,
bricks, refractory bricks, tiles, stoneware or porcelain.
6.Chemicalindustry(ProjectsnotincludedinAnnexI)
(a) Treatment of intermediate products and production of chemicals;
(b) Production of pesticides and pharmaceutical products, paint and
varnishes, elastomers and peroxides;
(c) Storage facilities for petroleum, petrochemical and chemical products.
7.Foodindustry
(a) Manufacture of vegetable and animal oils and fats;
(b) Packing and canning of animal and vegetable 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-meal and fish-oil factories;
(i) Sugar factories.
8.Textile, leather,woodandpaperindustries
(a) Industrial plants 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.Rubberindustry
Manufacture and treatment of elastomer-based products.
10.Infrastructureprojects
(a) Industrial estate development 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;1985L0337 — EN — 25.06.2003 — 002.001 — 13
▼M1
(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 for
passenger 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, jetties
and other sea defence works, excluding the maintenance and recon-
structionof 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.Otherprojects
(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-depositionsites;
(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.Tourismandleisure
(a) Ski-runs, ski-lifts and cable-cars and associated developments;
(b) Marinas;
(c) Holiday villages and hotel complexes outside urban areas and asso-
ciated 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 inthe process of bein g executed, which
may have significant adverse effects on the environment ►
M2(change
or extension not included in Annex I) ◄;
— Projects in Annex I, undertaken exclusively or mainly for the develop-
ment and testing of new methods or products and not used for more than
two years.1985L0337 — EN — 25.06.2003 — 002.001 — 14
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ANNEX III
SELECTIONCRITERIAREFERREDTOINARTICLE4(3)
1.Characteristics ofprojects
The characteristics of projects must be considered having regard, in parti-
cular, to:
— the size of the project,
— the cumulationwith other projects,— the use of natural resources,— the productionof waste,— pollution and nuisances,— the risk of accidents, having regard in particular to substances or technol-
ogies used.
2.Locationofprojects
The environmental sensitivity of geographical areas likely 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 inthe area,
— the absorption capacity of the natural environment, paying particular
attention to the following areas:
(a) wetlands;
(b) coastal zones;
(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 Directive
79/409/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 ofthepotentialimpact
The potential significant effects of projects must be considered in relation to
criteria set out under 1 and 2 above, and having regard in particular to:
— the extent of the impact (geographical area and size of the affected popu-
lation),
— 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 — 25.06.2003 — 002.001 — 15
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ANNEX IV
INFORMATIONREFERREDTOINARTICLE5(1)
1. Description of the project, including in particular:
— a descriptionof the physical characteristics of the whole project an d the
land-use requirements during the construction and operational phases,
— a descriptionof the maincharacteristics of the productionprocesses, 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 indica-
tion of the main reasons for this choice, taking into account the
environmental effects.
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 natural resources,— 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-technical summary 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.1985L0337 — EN — 25.06.2003 — 002.001 — 16
(1) This description should cover the direct effects and any indirect, secondary, cumulative,
short, medium and long-term, permanent and temporary, positive and negative effects
of the project.