Amended proposal for a Council Directive on assessment of the effects of certain plans and
programmes on the environment (1)
(1999/C 83/04)
(Text with EEA relevance)
COM(1999) 73 final — 96/304 (SYN)
(Submitted by the Commission pursuant to Article 189 a (2) of the EC-Treaty on
22 February 1999)
(1) OJ C 129, 25.4.1997, p. 14.
ORIGINAL PROPOSAL AMENDED PROPOSAL
Recital 1
Whereas Article 130 r of the Treaty provides that
Community policy on the environment is to contributeto the preservation, protection and improvement ofthe quality of the environment, the protection ofhuman health and the prudent and rational utilisation
of natural resources and that it should be based on the
precautionary principle; whereas that necessitates,inter alia, the proper integration of environmental
considerations into the plans and programmes whichare adopted within Member States as part of the townand country planning decision-making process for thepurpose of establishing the framework for subsequentdevelopment consents (in particular those to whichCouncil Directive 85/337/EEC of 27 June 1985 on theassessment of the effects of certain public and privateprojects on the environment applies (
2);Whereas Article 130 r of the Treaty provides that
Community policy on the environment is to contributeto the preservation, protection and improvement ofthe quality of the environment, the protection ofhuman health and the prudent and rational utilisation
of natural resources and that it should be based on the
precautionary principle; whereas that necessitates,inter alia, the proper integration of environmental
considerations into the plans and programmes whichare prepared and adopted within Member States forsetting a framework for future development consents(in particular those to which Council Directive85/337/EEC of 27 June 1985 on the assessment of theeffects of certain public and private projects on theenvironment applies (
2);
Recital 1a (new)
whereas sustainable development, being a key
objective of the Community, depends on soundmanagement of natural resources and on thepreservation of the equilibrium of the differentecosystems so that the needs of the present generationare met without compromising the ability of futuregenerations to meet their own needs;
Recital 2
whereas this Directive aims at a high level of
protection of the environment through the attainment
of the objectives provided for in Article 130r (1) of the
Treaty and is of a procedural nature, setting out anenvironmental assessment procedure to be followed bythe competent authority before the final decision istaken in relation to plans and programmes likely tohave an environmental impact;whereas this Directive aims at a high level of
protection of the environment and for progress
towards sustainable development through the
attainment of the objectives provided for inArticle 130r (1) of the Treaty and is of a proceduralnature, setting out a minimum environmentalassessment procedure to be followed by the competentauthority before the final decision is taken in relationto plans and programmes likely to have environmentalimpact;
(2) OJ C 175, 5.7.1985, p. 40. (2) OJ C 175, 5.7.1985, p. 40.25.3.1999 C 83/13 Official Journal of the European Communities EN
ORIG INAL PROPO SAL AMENDED PROPOSAL
Recital 3a(new)
whereas theadopti onofenvironmental assessment
procedures attheplanning andprogramming level will
benefit undertakings byproviding amore consiste nt
framework inwhich tooperate, and contribute to
econom ically more efficient orcost-effective solutions,
leading totheinclusion ofawider setoffactors in
decisio n-making;
Recital 5
whereas the different environmental assessment
systems operating within Member States aredeficient
because they donotcover allofthecore plans and
programmes which establish the framework for
subsequent consent decisions andbecause they donot
always contain theminimum procedural requirements
necessary toensure ahigh level ofprotection ofthe
environment;whereas the different environmental assessment
systems operating within Member States aredeficient
because they donotcover allofthecore plans and
progr ammes which setaframework forfuture consent
decisio nsandbecause they donotalways contain the
minimum procedural requirements necessary toensure
ahigh level ofprotection oftheenvironment;
Recital 7
whereas action istherefore required atCommunity
level toestablish ageneral environmental assessment
framework which will remedy these deficiencies and
thereby contribute tothepursuit oftheenvironmental
objectives setoutintheTreaty;whereas action istherefore required atCommunity
level tolay down aminimum environmental
assessment framework which will remedy these
deficien ciesand thereby contribute tothepursuit of
theenvironmental objectives setoutintheTreaty;
Recital 9
whereas theplans andprogrammes which should be
assessed under this Directive arethose plans and
programmes which areadopted aspart ofthetown
andcountry planning decision-making process forthe
purpose ofestablishing theframework forsubsequent
development-consents, including strategic plans
and programmes adopted inthe energy ,waste,
water ,industry (including mineral extraction),
telecommunications and tourism sectors, and certain
transport infrastructure plans andprogrammes;whereas theplans andprogrammes which should be
assessed under this Directive arethose plans and
progr ammes which areprepared andadopted within
Member States forsetting aframework forfuture
development consents, including strategic plans
and programmes inareas such asenergy ,waste,
water ,industry (including mineral extraction),
telecom munications, tourism, certain transport
infrast ructure plans and programmes, town and
country planning orland use;
Recital 11a
whereas, given theimportance ofthequality ofthe
environmen talstatement being animportant factor
for the success and usefulness ofenvironmental
assessment, Member States shall communicate tothe
Commission how they ensure the quality ofthe
environmen talstatement;C83/14 25.3.1999 Official Journal oftheEuropean Communities EN
ORIG INAL PROPO SAL AMENDED PROPOSAL
Recital 12
whereas inorder toensure that thedecision-making
process istransparent and that the information
supplied fortheassessment iscomprehensive and
reliable, itisnecessary toprovide that authorities
and/or bodies with relevant environmental
responsibilities and thepublic aretobeconsulted
during theassessment ofplans andprogrammes;whereas inorder toensure that thedecision-making
proces sistransparent and that the information
supplied fortheassessment iscomprehensive and
reliable, itisnecessary toprovide that authorities
and/or bodies with relevant environmental
responsibilities and thepublic concerned aretobe
consul ted during the assessment ofplans and
progr ammes, andthatappropriate time frames areset,
allowing sufficient time forconsultations including the
submission ofcomments;
Recital 14
whereas theresults oftheassessment should betaken
into account bythecompetent authority before it
adopts theplan orprogr amme orsubmits ittothe
legislative procedure, ontheunderstanding that the
power ofassessment and thefinal decision remain
within thesolecompetence ofthisauthority;whereas theresults oftheassessment should betaken
into account bythecompetent authority inparticular
bymaking such alterations totheplan orprogramme
asitconsiders appropriate before itadopts theplan or
progr amme orsubmits ittothelegislative procedure,
ontheunderstanding that thepower ofassessment
and the final decision remain within the sole
compet ence ofthisauthority;
Recital 15
whereas the application and effectiveness ofthis
Directive should bereviewed seven years after itsentry
intoforce;whereas afirst report onthe application and
effectivene ssofthisDirective should bedone bythe
Commission fiveyears after itsentry intoforce, andat
seven-y earintervals thereafter;
Article 1
theobjective ofthisDirective istoprovide forahigh
level ofprotection oftheenvironment byensuring that
anenvironmental assessment iscarried outofcertain
plans and programmes and that theresults ofthe
assessment are taken into account during the
preparation and adoption ofsuch plans and
programmes.theobjective ofthisDirective istoprovide forahigh
level ofprotection oftheenvironment andforprogress
towards sustainable development byensuring that in
accorda ncewith theprovisions ofthis Directive an
environmen talassessment iscarried out ofcertain
plans and programmes which are likely tohave
environmen talimpact.
Article 2
Forthepurposes ofthisDirective: Forthepurposes ofthisDirective:
(a)plan’ andprogramme’ (a)plans’ andprogrammes’
(i)refer only totown andcountry planning plans
andprogrammes(i)refer toplans andprogrammes
—which are subject topreparation and
adoption byacompetent authority or
which are prepared by acompetent
authority foradopti onbylegislative act,
and—which are subject topreparation and
adoption byacompetent authority or
which are prepared by acompetent
authority foradoption byalegislative act,
and25.3.1999 C83/15 Official Journal oftheEuropean Communities EN
ORIG INAL PROPO SAL AMENDED PROPOSAL
—which arepart ofthetown and country
planning decision-makin gprocess forthe
purpose ofestablishing theframework for
subsequent development consents, and—which set aframework for future
development consents ofprojects bymaking
reference totheir location and, inter alia,
their nature, size oroperating conditions,
and
—which contain provisions onthenature,
size, location oroperating conditions of
projects
(ii)include modifications ofexisting plans and
programmes asdescribed inpoint (i);(ii)include modifications ofexisting plans and
programmes asdescribed inpoint (i);
this definition includes town and country
planning plans andprogrammes insectors such
astransport (including transport corridors,
port facilities and airports), energy ,waste
management, water resource management ,
industry (including extraction ofmineral
resources), telecommunications andtourism;thisdefinition includes plans andprogrammes
inareas such astransport (including transport
corridors, port facilities and airports),
energy ,waste management, water resource
management, industry (including extraction of
mineral resources), telecommunications,
tourism, town and country planning orland
use;
(b)competent authority’ means theauthority which
theMember States designate asresponsible for
performing theduties arising from thisDirective;(b)competent authority’ means the authority or
authorities which theMember States designate as
responsible forperforming theduties arising from
thisDirective;
(c)development consent’ means thedecision ofthe
competent authority which entitles thedeveloper
toproceed with aproject;(c)development consent’ means thedecision which
entitles thedeveloper toproceed with aproject;
… …
(e)environmental assessment’ means thepreparation
ofanenvironmental statement, thecarrying outof
consultations and thetaking into account ofthe
environmental statement and theresults ofthe
consultations inaccordance with Articles 5—8;(e)environmental assessment’ means thepreparation
ofanenvironmental statement, thecarrying out
ofconsultations, the taking into account of
theenvironmental statement and theresults of
the consultations indecision-making and the
information onthedecision inaccordance with
Articles 5—9;
(ea)environmental statement’ means adocument
containing theinformation required inArticle 5
andtheAnnex;
Article 4,4a(new)
4a. The competent authority shall make available
tothepublic concerned astatement ofhow andwhy
the plan orprogramme was exempted under
paragraphs 3or4;C83/16 25.3.1999 Official Journal oftheEuropean Communities EN
ORIG INAL PROPO SAL AMENDED PROPOSAL
Article 5
1. Where anenvironmental assessment isrequired
under Article 4,thecompetent authority shall prepare
anenvironmental statement containing thetypes of
information referred tointheAnnex.1. Where anenvironmental assessment isrequired
under Article 4,and forachieving theobjectives set
outinArticle 1thecompetent authority shall prepare
anenvironmental statement containing thetypes of
information referred tointheAnnex.
2. The information included intheenvironmental
statement prepared pursuant toparagraph 1shall be
insuch detail asmay reasonably berequired forthe
purpose ofassessing thesignificant direct andindirect
effects ofimplementing theplan orprogramme on
human beings, fauna, flora, soil, water ,air,climate,
landscape, material assets and thecultural heritage,
taking into account thelevel ofdetail intheplan or
programme, itsstage inthedecision-making process
andtheextent towhich certain matters canbemore
appropriately assessed atdifferent levels inthat
process.2. Intheenvironmental statement thesignificant
direct andindirect effects ofimplementing theplan or
progr amme onhuman beings, fauna, flora, soil, water ,
air,climate, landscape, material assets andthecultural
heritage aswell astheinteraction between these
factors shall beidentified, described andassessed inan
appropriate manner .
2a. The information included intheenvironmental
statement prepared pursuant toparagraph 1shall be
insuch detail asmay reasonably berequired taking
into account the level ofdetail inthe plan or
progr amme, itsstage inthedecision-making process
and theextent towhich certain matters aremore
appropriatel yassessed atdifferent levels inthat
proces s.
…
4. The environmenta lstatement shall include a
non-technical summary oftheinformation contained
init.
Article 6(2)
2. The environmental authorities and/or bodies
concerned andthepublic concerned shall begiven an
opportunity toexpress their opinion onthedraft plan
orprogramme and theaccompanying environmental
statement before theadoption orsubmission tothe
legislative procedure oftheplan orprogramme.2. The environmental authorities and/or bodies
concern edandthepublic concerned shall begiven an
opportunity within appropriate time frames allowing
sufficient time forexpressing their opinion onthe
draft plan orprogramme and the accompanying
environmen talstatement before the adoption or
submission tothelegislative procedure oftheplan or
progr amme.
Article 8
Thecompetent authority responsible fortheadoption
orsubmission tothelegislative procedure oftheplan
orprogramme concerned shall take intoconsideration,
prior to such adoption or submission, the
environmental statement prepared pursuant to
Article 5,anyopinions expressed pursuant toArticle 6
and the results ofthe consultations entered into
pursuant toArticle 7.The compet entauthority may,
inparticular ,make such alterations totheplan orThe competents authority responsible for the
preparation and adoption orsubmission tothe
legislative procedure oftheplan orprogramme shall
take into consideration, during thepreparation and
prior to such adoption or submission, the
environmen tal statement prepared pursuant to
Article 5,anyopinions expressed pursuant toArticle 6
and the results ofthe consultations entered into
pursuant toArticle 7.The competent authority may,25.3.1999 C83/17 Official Journal oftheEuropean Communities EN
ORIG INAL PROPO SAL AMENDED PROPOSAL
programme asitconsiders appropriate onthebasis of
theenvironmental statement and any such opinions
andconsultations.inparticular ,make such alterations totheplan or
progr amme asitconsiders appropriate onthebasis of
theenvironmental statement and any such opinions
andconsultations.
Article 11(2) and(3)
2. Seven years after theentry into force ofthis
Directive, theCommission shall send areport onthe
application and effectiveness oftheDirective tothe
European Parliament andtotheCoun cil.2. Five years after theentry into force ofthis
Directive, theCommission shall send afirst report on
theapplication and effectiveness oftheDirective to
theEuropean Parliament andtotheCouncil. Anew
evaluation report shall then follow atseven-year
intervals.
3. Where appropriate, inthelight ofthereport
referred toinparagraph 2,theCommission may
submit tothe Council aproposal containing
amendments tothisDirective.3. Where appropriate, inthelight ofthereports
referred toinparagraph 2,theCommission may
submit tothe Council aproposals containing
amendments tothisDirective.
Article 12
1. Member States shall take the necessary
legislative, regulatory andadminis trative provisions to
comply with thisDirective nolater than 31December
1999. Member States shall forthwith inform the
Commission ofthemeasures taken.1. Member States shall take the necessary
legislative, regulatory andadministrative provisions to
comply with this Directive nolater than two years
after itsentry into force. Member States shall
forthwith inform theCommission ofthemeasures
taken.
When Member States adopt these provisions, these
shall contain areference tothisDirective orshall be
accompanied bysuch areference atthetime oftheir
official publica tion. The procedure forsuch reference
shall beadopted byMember States.When Member States adopt these provisions, these
shall contain areference tothisDirective orshall be
accompanied bysuch areference atthetime oftheir
official publication. The form ofsuch reference shall
beadopted byMember States.
1a. Member States shall communicate tothe
Commission how they ensure the quality ofthe
environmen talstatement.
2. Member States shall communicate tothe
Commission thetypes ofplans andprogrammes which
they will submit toanenvironmental assessment
pursuant tothisDirective.2. Nolater than twoyears after theentry intoforce
ofthisDirective Member States shall communicate to
theCommission alistofthetypes ofplans and
progr ammes which they will submit to an
environmen talassessment pursuant tothisDirective.
Bythisdate theCommission willmake available such
alisttotheMember States.
Annex
Information onthefollowing matters: Information onthefollowing matters:
(a) thecontents oftheplan orprogramme and its
main objectives;(a) thecontents oftheplan orprogramme and its
main objectives;C83/18 25.3.1999 Official Journal oftheEuropean Communities EN
ORIG INAL PROPO SAL AMENDED PROPOSAL
(b) theenvironmental characteristics ofany area
likely tobesignificantly affected bytheplan or
programme;(b) adescript ionofthezero-option’ andreasonable
alternatives (such asalternative types of
development or alternative locations for
development), including any modifica tions or
mitigation measures considered, ofachieving the
objectives oftheplan orprogramme;
(c) anyexisting environmental problems which are
relevant totheplan orprogramme including, in
particular ,those relating toany areas of
particular environmental importance, such as
areas designated pursuant toCoun cilDirectives
79/409/EEC (3)and92/43/EEC;(c) theenvironmental characteristics ofany area
likely tobesignificantly affected bytheplan or
programme and its reasonable alternatives
including, inparticular ,those relating toany
areas ofparticular environmenta limportance,
such asareas designated pursuant toCouncil
Directives 79/409/EEC (3)and 92/43/EEC, or
qualifying fordesignation;
… (d) anyexisting environmental problems which are
relevant tothe plan orprogramme and its
reasonable alternatives;
(e) thelikely significant environmental effects of
implementing theplan orprogramme;(e) thelikely significant effects ofimplementing the
plan or programme and its reasonable
alternatives ontheenvironment, comprising those
ontheareas mentioned under (c),including the
consideration of secondary , cumulative,
synergistic, short, medium and long-term,
permanent andtemporary ,positive andnegative
effects;
(f) anyalternative ways ofachieving theobjectives
oftheplan orprogramme which have been
considered during itspreparation (such as
alternative types ofdevelopment oralternative
locations fordevelopment) and thereasons for
notadopting these alternatives;
(g) themeasures envisaged toprevent, reduce and
where possible offset any significant adverse
effects ontheenvironment ofimplementing the
plan orprogramme.(g) themeasures envisaged toprevent, reduce andas
fully aspossible offset any significant adverse
effects ontheenvironment ofimplementing the
plan orprogramme;
… (ha) astatement outlining how theassessment was
undertaken andthereasons fornotadopting the
alternatives considered;
(hb) anon-technical summary ofthe information
provided under theabove headings.
(1)OJC103, 25.4.1979, p.1. (1)OJC103, 25.4.1979, p.1.25.3.1999 C83/19 Official Journal oftheEuropean Communities EN