1- 5. 82 Official Journal of the European Communities No C 110/5 
II 
(Preparatory Acts) 
COMMISSION 
Proposal to amend the proposal for a Council Directive concerning the assessment of the 
environmental effects of certain public and private projects (') 
(Submitted by the Commission to the Council pursuant to the second paragraph of Article 
149 of the EEC Treaty on 1 April 1982) 
At the sitting of the European Parliament on 18 February 1982, the Commission 
accepted the substance of certain amendments proposed by the Parliament. In 
accordance with Article 149 of the EEC Treaty, the Commission proposes the attached 
amendments to its original proposal. 
O OJ No C 169, 9. 7. 1980, p. 14. 
TEXT ALREADY PROPOSED (') AMENDED TEXT 
Preamble and recitals unchanged 
Article 1 Article 1 
1. This Directive shall apply to the assessment of 1. Unchanged 
the environmental effects of those public and private 
projects which are likely to have significant effects on 
the environment. 
2. For the purposes of this Directive: 2. Unchanged with the exception of the following: 
development project means a proposal: 
(a) to construct buildings, installations or facilities; 
(b) to extract minerals; 
(c) to make substantial changes in the landscape; 
(') The full text is contained in OJ No C 169, 9. 7. 1980, 
p. 14. 
No C 110/6 Official Journal of the European Communities 1.5.82 
TEXT ALREADY PROPOSED AMENDED TEXT 
modification project means a proposal: 
(a) to construct an extension or modification of 
buildings, installations or facilities; 
(b) to make a substantial change in the use of 
buildings, installations or facilities; 
(c) to extend or modify mineral workings; 
project means either a development project or a 
modification project; 
competent authority means the authority or the auth­
orities responsible in each Member State for 
executing the tasks set out in the present Directive in 
respect of a given project; 
developer means the applicant for planning 
permission for a private project or the public 
authority which proposes a project; 
planning permission means the decision of the 
competent authority to permit a project in the private 
sector or the corresponding decision to proceed in the 
case of a project in the public sector; competent authority means the authority or the auth­
orities designated as responsible in each Member State 
for executing the tasks set out in the present Directive 
in respect of a given project; 
developer means the applicant for authorization for a 
private project or the public authority which proposes 
a project; 
authorization means the decision of the competent 
authority or authorities allowing the developer to 
carry out the project; 
Article 3 Article 3 
1. The assessment provided for in Article 2 shall 
consider the effects of projects on: 
— water, air, soil, climate, flora, fauna and their 
inter-relationships, 
— the built-up environment, including the archi­
tectural heritage, and the landscape. 
2. The effects on these resources shall be assessed 
by reference to the need to protect and improve 
human health and living conditions as well as to 
preserve the long-term productive capacities of the 1. The environmental impact assessment shall 
identify, describe and evaluate in the light of each 
individual case, and in accordance with the following 
Articles, the direct and indirect effects of a project on: 
— human beings, fauna and flora, 
— soil, water, air, climatic factors, 
— material assets, including the cultural heritage, and 
the landscape, 
— natural resources, 
— the ecological balance. 
2. The effects shall be assessed with regard to the 
need to protect and improve human health and living 
conditions and to preserve the reproductive capacity 
of ecosystems as well as the diversity of species. 
resources. 
Article 4 Article 4 
1. Development projects of the classes listed in 
Annex 1 shall be made subject to an assessment in 
accordance with Articles 6 to 11. 
For the purpose of excluding exceptional cases which 
are unlikely to have any significant effect on the 1. Development projects of the classes listed in 
Annex 1 shall be made subject to an assessment in 
accordance with Articles 6 to 11. 
Member States may, however, in exceptional circum­
stances, exempt such projects from the provisions of 
1.5.82 Official Journal of the 
TEXT ALREADY PROPOSED 
environment, the competent authority may, with the 
agreement of the Commission, exempt a particular 
project below a specified threshold from the 
assessment mentioned above and, where appropriate, 
make it subject to a simplified form of assessment. 
2. Projects of the classes listed in Annex 2 and 
modification projects of the classes listed in Annex 1 
shall be made subject to an assessment in accordance 
with Articles 6 to 11, whenever their characteristics so 
require. 
The competent authority shall establish the criteria 
and thresholds necessary to determine which of those 
projects are to be made subject to an assessment in 
accordance with Articles 6 to 11 or, where appro­
priate, to a simplified form of assessment. 
3. The competent authority shall examine which 
projects other than those mentioned above are likely 
to have a significant effect on the environment, 
having regard in particular to the environmental 
sensitivity of the site of the projects with a view to 
determining which projects should be made subject to 
an assessment in accordance with Articles 6 to 11 or, 
where appropriate, to a simplified form of assessment. 
Article 6 
1. The Member States shall adopt the necessary 
measures to ensure that the developer prepares, with 
the assistance of the competent authority when 
necessary, and supplies with his application for 
planning permission the following information in an 
appropriate form: 
— a description of the proposed project and, where 
applicable, of the reasonable alternatives for the 
site and design of the project, 
— a description of the environment likely to be 
significantly affected by the proposed project, 
including, where applicable, the environment in 
other Member States, 
— an assessment of the likely significant effects on 
the environment, including, where applicable, 
effects on the environment in other Member 
States, 
— a description of the measures envisaged to 
eliminate, reduce or compensate adverse effects 
on the environment, European Communities No C 110/7 
AMENDED TEXT 
the aforesaid Articles. Where Member States grant 
such exemptions, they shall: 
(a) consider whether any other form of assessment 
would be appropriate; 
(b) make arrangements for the public concerned to be 
informed and consulted in an appropriate manner; 
and 
(c) immediately inform the Commission of the 
reasons for granting the exemption. 
2. Unchanged 
3. Unchanged 
Article 6 
1. The Member States shall adopt the necessary 
measures to ensure that the developer prepares, with 
the assistance of the competent authority when 
necessary, and supplies with his application for auth­
orization the following information in an appropriate 
form: 
— unchanged 
— unchanged 
— unchanged 
— unchanged 
No C 110/8 Official Journal of 
TEXT ALREADY PROPOSED 
— a description of the relationship between the 
proposed project and existing environmental and 
land-use plans and standards for the area likely to 
be affected, 
— in the case of significant effects on the 
environment, an explanation of the reasons for 
the choice of the site and design of the proposed 
project, compared with reasonable alternative 
solutions which might have less adverse effects, if 
any, on the environment, 
— a non-technical summary of the items above. 
2. The information to be supplied in accordance 
with paragraph 1 shall also contain the data referred 
to in Annex 3 to the extent that they are relevant to 
the stage of the planning procedure and to the 
specific characteristics of the project and of the 
environment likely to be affected, and to the extent 
that the developer can reasonably be expected to be 
able to obtain them, taking into account existing 
knowledge and assessment methods. v 
3. At the appropriate stages of the planning 
procedure, the competent authority shall require 
completion of, or assist in completing when appro­
priate, the information to be supplied by the 
developer. 
Article 7 
1. The competent authority shall send for opinion 
the application for planning permission as well as the 
information gathered pursuant to Article 6 to all 
relevant administrative authorities and other statutory 
authorities or bodies with specific responsibility for 
environmental matters. The competent authority shall 
determine the authorities and bodies to be consulted 
and shall fix, where necessary, a suitable time limit 
within which comments shall be delivered. 
2. If the project is likely to produce a significant 
effect on the environment in another Member State, 
the competent authority shall also ensure that the 
information gathered pursuant to Article 6 is sent for 
comment to the competent authority in that Member 
State and fix a suitable time limit within which 
comments should be returned. 
Article 8 European Communities 1.5.82 
AMENDED TEXT 
— unchanged 
— unchanged 
— unchanged 
2. The information to be supplied in accordance 
with paragraph 1 shall also contain the data referred 
to in Annex 3 to the extent that they are relevant to 
the stage of the authorization procedure and to the 
specific characteristics of the project and of the 
environment likely to be affected, and to the extent 
that the developer can reasonably be expected to be 
able to obtain them, taking into account existing 
knowledge and assessment methods. 
3. At the appropriate stages of the authorization 
procedure, the competent authority shall require 
completion of, or assist in completing when appro­
priate, the information to be supplied by the 
developer. 
Article 7 
1. The Member States shall take the measures 
necessary to ensure that the authorities which may be 
concerned by the project by reason of their environ­
mental responsibilities and which are designated by the 
Member States are given an opportunity to express 
their opinion on the application for authorization on 
the basis of the information gathered pursuant to 
Article 6, in accordance with the detailed 
arrangements laid down by national law. 
2. Unchanged 
Article 8 
1. The competent authority shall publish the fact 
that the application for planning permission has been 
made, shall make publicly available the application for 1. The competent authority shall publish the fact 
that the application for authorization has been made, 
shall make publicly available the application for 
1.5.82 Official Journal of the European Communities No C 110/9 
TEXT ALREADY PROPOSED AMENDED TEXT 
planning permission, as well as the information 
gathered pursuant to Article 6, and shall arrange 
appropriate consultation with the public concerned. 
In the light of the importance of the likely environ­
mental effects and of the number of persons likely to 
be affected, the competent authority shall decide the 
best means for giving the information to the public 
within a suitable time limit and for ascertaining the 
views of the public. 
Article 9 
The provisions of Articles 7 and 8 do not affect the 
obligation of the competent authority to respect the 
limitations imposed by national laws, regulations, 
administrative provisions and accepted practices with 
respect to industrial and commercial secrecy, as well 
as to the public interest. 
Article 10 
1. The competent authority in its decision on an 
application for planning permission shall take into 
consideration the information' gathered pursuant to 
Articles 6, 7 and 8, and shall, to that end, make an 
assessment of the likely significant effects of the 
proposed project. 
2. The competent authority, except when the 
planning permission is refused on grounds other than 
environmental, shall make publicly available, either in 
a separate document or as part of the decision on 
application for planning permission, the following: 
— its assessment of the likely significant effects on 
the environment of the proposed project, 
— a synthesis of the main comments and opinions 
received pursuant to Articles 7 and 8, 
— the reasons for granting or refusing the planning 
permission, 
— the conditions, if any, to be attached to the 
planning permission. authorization, as well as the information gathered 
pursuant to Article 6, and shall arrange appropriate 
consultation with the public concerned. In the light of 
the importance of the likely environmental effects and 
of the number of persons likely to be affected, the 
competent authority shall decide the best means for 
giving the information to the public within a suitable 
time limit and for ascertaining the views of the public. 
2. If the project is likely to produce a significant 
effect on the environment in another Member State, 
the population of that Member State should also be 
able, to take part in the consultation process. The 
Member States shall determine, in the framework of 
their bilateral or multilateral relations, the most 
appropriate arrangements for this purpose. 
Article 9 
The provisions of Articles 7 and 8 do not affect the 
obligation of the competent authority to respect the 
limitations imposed by national laws, regulations, 
administrative provisions and accepted practices with 
respect to industrial and commercial secrecy, as well 
as to the public interest. 
Where Article 7 (2) applies, the transmission of infor­
mation to another Member State shall be subject to 
the limitations in force in the Member State in which 
the project is proposed. 
Article 10 
1. The competent authority in its decision on an 
application for authorization shall take into 
consideration the information gathered pursuant to 
Articles 6, 7 and 8, and shall, to that end, make an 
assessment of the likely significant effects of the 
proposed project. 
2. The competent authority, except when the 
authorization is refused on grounds other than 
environmental, shall make publicly available, either in 
a separate document or as part of the decision on 
application for authorization, the following: 
— unchanged 
— unchanged 
— where appropriate, its opinion on the outlined 
alternatives, including that of not pursuing the 
project, 
— the reasons for granting or refusing the auth­
orization, 
— the conditions, if any, to be attached to the auth­
orization. 
No C 110/10 Official Journal of the European Communities 1.5.82 
ANNEX 1 
DEVELOPMENT PROJECTS (') REFERRED TO IN ARTICLE 4 (1) 
TEXT ALREADY PROPOSED AMENDED TEXT 
Items 1 to 7 unchanged 
Processing of rubber (48) 
Factories for the primary production of rubber 
Manufacture of rubber tyres (481.1) 8. Processing of rubber (48) 
Factories for the primary production of rubber 
Manufacture of rubber tyres (481.1) 
Factories for the renewal or reprocessing of rubber 
products 
Item 9 unchanged 
(') Development projects are classified, as far as possible, in the classes, groups and sub-groups of the 'General Industrial Class­
ification of Economic Activities' within the European Community adopted by the Statistical Office of the European Communities, 
1970. Reference numbers of the classification are indicated, where applicable. 
ANNEX 2 
PROJECTS (•) REFERRED TO IN ARTICLE 4 (2) 
TEXT ALREADY PROPOSED AMENDED TEXT 
Items 1 and 2 unchanged 
3. Energy industry 
Research plants for the production and processing of 
fissionable and fertile material 
Production and distribution of electricity, gas, steam and 
hot water (except the production of electricity from 
nuclear energy) (16) 
Storage of natural gas 3. Energy industry 
Research plants for the production and processing of 
fissionable and fertile material 
Production and distribution of electricity, gas, steam and 
hot water (except the production of electricity from 
nuclear energy) (16) 
Storage of fossil fuels 
Items 4 to 8 unchanged 
(') The projects are classified, as far as possible, in the classes, groups and sub-groups of the 'General Industrial Classification of 
Economic Activities' within the European Community adopted by the Statistical Office of the European Communities, 1970. 
Reference numbers of the classification are indicated, where applicable. 
1.5.82 Official Journal of the European Communities No C 110/11 
TEXT ALREADY PROPOSED AMENDED TEXT 
9. Textile, leather, wood, paper industry 
Wool washing and degreasing factories 
Tanning and dressing factories (441.1) 
Manufacture of veneer and plywood (462.1) 
Manufacture of fibre board and of particle board (462.2) 
Manufacture of pulp, paper and board (471) 
Cellulose mills 9. Textile, leather, wood, paper industry 
Wool washing and degreasing factories 
Tanning and dressing factories (441.1) 
Manufacture of veneer and plywood (462.1) 
Manufacture of fibre board and of particle board (462.2) 
Manufacture of pulp, paper and board (471) 
Cellulose mills 
Textile dyeworks 
Items 10 and 11 unchanged 
ANNEX 3 
CONTENT OF THE INFORMATION REQUIRED UNDER ARTICLE 6 
TEXT ALREADY PROPOSED AMENDED TEXT 
Items 1 and 2 unchanged 
3. The assessment of the likely significant effects of the 
proposed project on the environment (direct and indirect, 
cumulative, short-, medium- and long-term, permanent 
and temporary, positive and negative) resulting from: 
— the physical presence of the main and associated 
projects, 
— the use of the resources of the environment, 
— the emission of pollutions, nuisances and waste, as 
well as the secondary effects linked to their 
elimination, 
— the risk of accidents. 3. The assessment of the likely significant effects of the 
proposed project on the environment (direct and indirect, 
cumulative, short-, medium- and long-term, permanent 
and temporary, positive and negative) resulting from: 
— the physical presence of the main and associated-
projects, 
— the use of the resources of the environment, 
— the emission of pollutions, nuisances and waste, as 
well as the secondary effects linked to their 
elimination, 
— the risk of accidents, 
— the cumulative effect of the effects resulting from the 
proposed project and from other projects already 
carried out in the area. 
Items 4 to 7 unchanged