COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 09.01.1997 
COM(96) 723 final 
94/0078 (SYN) 
Re-examined Proposal for a 
coiJNcn.DiRFrrnvR 
amending 
Directive 85/337/EEC on the assessment of the effects of 
certain public and private projects on the environment 
(presented by the Commission pursuant to Article 189 c (d) 
of the EC Treaty) 

EXPLANATORY MEMORANDUM 
On 16 March 1994 the Commission adopted a Proposal for a Council Directive amlending 
Directive 85/337/EEC on the assessment of the effects of certain public and private projects 
on the environment (COM(93) 575final - 94/0078 (SYN) - OJ C 130, 12.5.1994, p. 8). 
The Economic and Social Committee adopted its opinion on 14 September 1994 (OJ C 393, 
31.12.1994). 
The Committee of the Regions adopted its opinion on 16 November 1994 (OJ C 210, 
14.8.1995). 
Ihe European Parliament delivered its opinion, on first reading on 11 October 1995 (OJ C 
287, 30.10.1995, p. 83). 
Ihe Commission presented on 18 January 1996 to the Council a modified Proposal (COM(95) 
720 final - 94/0078 (SYN), OJ C 81, 19.3.1996, p. 14). 
The Council formally adopted its Common Position on the Proposal on 25 June 1996 (OJ 
C 248, 26.8.1996, p. 75). 
The European Parliament examined the Council's Common Position at Second Reading on 
13 November 1996 and approved it subject to 15 proposed amendments. 
The Commission has examined the amendments proposed by the European Parliament at 
Second Reading, incorporating a number of them into the present reexamined Proposal. 
The Commission's position on each of the amendments approved by Parliament at Second 
Reading is as follows. 
Amendments accepted by the Commission 
Amendment 1 has been accepted fully. Amendment 1 refers to the environmental principles 
of Ihe Treaty of the European Union. Although a reference to these principles does not change 
the substance of the Common Position, the text can be improved in order to underline the 
environmental importance of such an instrument. 
Amendments 15. 42 and 43 have been accepted in principle. Amendment 15 proposes some 
changes to Article 6 (2) of the Common Position and the Directive. The proposal referring 
to making the information of the environmental impact statement available to the public "as 
soon as available" can be accepted because it avoids delays in the procedure. The .. ^oposals 
introducing details on the carrying out of public participation are not necessar because 
examples are already lined out in Article 6 (3) of the Directive. Amendments <v2 and 43 
intend to postpone the implementation date of the amended Directive. It is expected that the 
Council will approve the amended Directive in early 1997. Therefore a certain prolongation 
of the implementation period can be accepted. However, the proposed period of two years is 
considered too long, taken into account that the Member States already have their systems for 
EIA. 
Amendments 16. 38 and 39 have been accepted in part. The part of amendment 16 proposing 
the setting of a reasonable time limit for the length of the consultation period can be accepted 
as it is in line with the Espoo Convention on environmental impact assessment in a 
transboundary context. An exhaustive list of subjects for discussion during consultations, 
however, cannot be accepted as it goes beyond the Espoo Convention. The Espoo Convention 
lines out examples for discussion, the detailed arrangements for consultations being left to the 
Member States as they may depend inter alia on the activity in question. Amendment 38 
introduces a more detailed text regarding alternatives to be included in the environmental 
impact statement (Annex IV of the Common Position). The current wording of the Common 
Position does not exclude the assessment of what has been proposed by Parliament. To make 
the range of alternatives which can be studied by the developer clearer, a reference to the 
most environment-friendly alternative can be accepted. Amendment 39 refers to the reduction 
of the threshold relating to very high voltage overhead electrical power lines to 220 kV and 
the deletion of the length threshold as well as of the word "overhead". The part of this 
amendment relating to the thresholds can be accepted because it is technically more 
appropriate for this kind of activity which is always likely to have significant environmental 
impacts. However the reference to "overhead" should be kept because underground 
electrical power lines do not always have significant environmental impacts. 
Amendments not accepted by the Commission 
Amendments 3. 4. 6f 13. 20. 22. 23 and 28 have not been accepted. Amendments 3 and 6 
have not been accepted because they refer to the assessment of Community or national 
programmes. The assessment of certain plans and programmes will be dealt with by the 
Commission's forthcoming Proposal for a separate Council Directive on this subject. 
Amendment 4 could not be accepted because the current wording makes the scope of the 
assessment of Annex I in relation to possible exemptions and to Annex II projects clearer. 
Amendment 13 proposed to insert public involvement in the scoping phase in Article 5. This 
provision is considered too far reaching and has therefore not been accepted. The rest of the 
suggested amendments to this Article are not considered to improve the current approach for 
scoping. Amendment 20 could not be accepted because the submission of proposals to modify 
the Directive complies with the legislative procedures laid down in the Treaty. Amendments 
22 and 28 have not been accepted because they either proposed the lowering of thresholds 
of Annex I projects which would then be too low for the purposes of Annex I or did not 
include a threshold at all. Amendment 23 could not be accepted because the realignment or 
widening of an existing road should be treated under the same conditions as the construction 
of a new road. 
REEXAMINED mOPOSAL FOR A 
CX>UNOLDIRBCllVE 
amending Directive 85/337/EEC on the assessment of the effects of 
ceitain public and private projects on the environment 
CXDMMON POSITON AMENDED TEXT 
RECITAL 2a (new) 
Whereas, pursuant to Article 130rf2^ of the 
Treaty, Community policy on the 
ermrorftTSftt shajl te based on the 
precautionary principle and on the 
principles that prevent should be 
taken; that environmental damage should 
as a priority be rectified at source; 
ARTICLE 1(8) 
Article 6(2) (Directive 85/337/EEC) 
Artick 6(2) first indent is replaced by the 
following 
2. Member States shall ensure that: 
- any request for development consent and 
any information gathered pursuant to 
Article 5 are made available to the public, 
as soon as they are available, 
ARTICLE 1(9) 
Article 7 (Directive 85/337/EEC) 
4. The Member States concerned shall 4. The Member States concerned shall 
enter into consultations regarding, inter enter into consultations regarding, inter 
alia, the potential transboundary effects of alia, the potential transboundary effects of 
the project and the measures envisaged to the project and the measures envisaged to 
reduce or eliminate such effects. reduce or eliminate such effects and shall 
set a reasonable time limit for the length of 
the consultation period. 
ARTICLE 3(1) 
1. Member States shall bring into force the 
laws, regulations and administrative 
provisions necessary to comply with mis 
Directive by 31 December 1997 at the 
latest. They shall forthwith inform the 
Commission thereof. 1. Member States shall bring into force the 
laws, regulations and administrative 
provisions necessary to comply with this 
Directive within one year from its 
publication. They shall forthwith inform 
the Commission thereof. 
ARTICLE 3(2) 
2. If a request for development consent is 
submitted to a competent authority before 
1 January 1998. the provisions of Directive 
85/337/EEC prior to these amendments 
shall continue to apply. 2. If a request for development consent is 
submitted to a competent authority before 
the end of the time limit laid down in 
paragraph 1. the provisions of Directive 
85/337/EEC prior to these amendments 
shall continue to apply. 
ANNEX I (20) 
20. Construction of overhead electrical 
power lines with a voltage of 22fLkV or 
more and a length of more than 15 km. 20. Construction of overhead electrical 
power lines with a voltage of 220 kV or 
more. 
ANNEX IV (2) 
Annex HI (2) Directive 85/337/EEC 
2. 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. 2. An outline of the main alternatives 
studied by the developer, including the 
most environrnent-friendly alternative, and 
an indication of the main reasons for his 
choice, taking into account the 
environmental effects. 

ISSN 0254-1475 
COM(96) 723 final 
DOCUMENTS 
EN 14 
Catalogue number : CB-CO-96-735-EN-C 
ISBN 92-78-14149-6 
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