No C 169/14 Official Journal of the European Communities 9.7.80 
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 on 16 June 1980) 
THE COUNCIL OF THE EUROPEAN 
COMMUNITIES, 
Having regard to the Treaty establishing the 
European Economic Community and in particular to 
Article 100 thereof, 
Having regard to the proposal from the Commission, assessment of environmental effects should be 
introduced, with a view to improving good 
management of planning procedure governing private 
and public activities likely to have significant effects 
on the environment: in particular, planning and 
decision-making with respect to individual projects, 
land use plans, regional development programmes, 
economic programmes including those in particular 
sectors; 
Having regard to the opinion of the European Par­
liament, 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas the 1973 and 1977 Action Programmes of 
the European Communities on the Environment (') 
provide that 'the best environmental policy is 
preventing the creation of pollution or nuisances at 
source rather than subsequently trying to counteract 
their effects'; whereas they affirm that 'effects on the 
environment should be taken into account at the 
earliest possible stage in all the technical planning and 
decision-making processes' and that 'it is therefore 
necessary to evaluate the effects on the quality of life 
and on the natural environment of any measure that 
is adopted or contemplated at national or Community 
level'; 
Whereas the 1977 Action Programme acknowledges 
(2) that 'the application at the appropriate 
administrative levels of procedures for assessing 
environmental impact meets the need to implement 
the objectives and principles laid down in the 1973 
Action Programme'; and whereas it envisages the 
submission by the Commission to the Council of 
proposals on environmental impact assessment; 
Whereas it is desirable that there should be a 
harmonious development of economic activities while 
ensuring that full account is taken of the effects on 
the environment; 
Whereas to this end, and in accordance with the 
Action Programme, general principles for the 
(') OJ No C 122, 20. 12. 1973 and C 139, 13. 6. 1977. 
(2) OJ No C 139, 13. 6. 1977, Title IV, Chapter 1 Whereas, however, it is appropriate to introduce 
principles of assessment step by step in order to avoid 
an excessive burden on administrations; 
Whereas priority has to be given, as a first step, to the 
introduction of assessment principles in planning and 
decision-making procedures for allowing projects, in 
view of the urgency of preventing the most significant 
negative effects, and because the availability in all 
Member States of procedures for the control of 
projects permits the introduction of assessment 
principles without requiring the creation of new pro­
cedures; 
Whereas to this effect planning permission for 
projects which are likely to have significant effects on 
the environment should be granted only after an 
appropriate prior assessment of the likely significant 
environmental effects of these projects has been 
carried out; and whereas, therefore, competent auth­
orities and developers should cooperate in order to 
provide the appropriate information on the possible 
range of environmental effects of the envisaged 
project, as well as on the reasonable alternatives to it; 
Whereas, moreover, over the last few years Member 
States have adopted a considerable body of laws and 
regulations in the general field of environmental 
protection and a number of them specifically in the 
field of the assessment of environmental effects; 
Whereas a significant disparity between measures in 
force in the various Member States with regard to the 
assessment of environmental effects may create unfav­
ourable competitive conditions and thereby directly 
affect the functioning of the common market and 
whereas, therefore, it is necessary to undertake the 
approximation of national laws in this field pursuant 
to Article 100 of the Treaty; 
9.7.80 Official Journal of the European Communities NoC 169/15 
Whereas, therefore, the general principles of 
assessment should be harmonized, as regards in 
particular the main obligations of the developers, the 
projects which should be submitted to the assessment, 
the content of the assessment and the environmental 
features which ought to be taken into consideration 
in an assessment; 
Whereas such assessment is a comprehensive process 
and requires that the whole range of relevant sectorial 
environmental effects be taken into account; and 
whereas, to this end, it is necessary that all statutory 
bodies which carry a sectorial or an overall 
responsibility for environmental matters are properly 
consulted during the assessment process; 
Whereas the public at large has a basic interest in the 
correct assessment of the likely environmental effects; 
whereas it can supply essential information to the 
competent authorities, and whereas it can therefore, 
the competent authorities should see that the public is 
given the opportunity to make its views known so 
that due account is taken of them in the assessment 
process; 
Whereas it appears necessary, where important trans­
frontier effects of a project might arise, to extend 
consultations to competent authorities of other 
Member States, thus assuring equality of treatment of 
projects located in frontier regions with those in other 
regions, 
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 have significant effects on 
the environment. 
(2) For the purposes of this Directive: 
development project means a proposal: 
(a) to construct buildings, installations or facilities; 
(b) to extract minerals; 
(c) to make substantial changes in the landscape; 
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; 
Article 2 
Member States shall adopt all necessary measures to 
ensure that, before any planning permission is given, 
projects likely to have a significant effect on the 
environment by virtue of their nature, size and/or 
location are made subject to an appropriate 
assessment of these effects, in accordance with the 
following Articles. 
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 
interrelationships; 
— 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 
resources. 
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 
environment, the competent authority may, with the 
NoC 169/16 Official Journal of the European Communities 9. 7. 80 
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 5 
Member States shall inform the Commission of the 
criteria and thresholds adopted for the selection of 
projects referred to in Article 4 (2) and (3). The 
Commission shall regularly review with Member 
States these criteria and thresholds, with a view to 
ensuring consistency in the application of the 
Directive. 
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; 
— 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. 
(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 a 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 auth­
orities 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 
The competent authority shall publish the fact that 
the application for planning permission has been 
9.7.80 Official Journal of the European Communities NoC 169/17 
made, shall make publicly available the application for 
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. 
Article 11 
The competent authority shall check periodically 
whether the conditions attached under Article 10 to a 
planning permission are being complied with, whether 
they are still adequate, whether other provisions to 
protect the environment are being obeyed and 
whether it needs to take further measures to protect 
the environment from the effects of the project. 
Article 12 
(1) The Member States and the Commission shall 
exchange information on experience in the field of 
assessment of environmental effects, in particular on 
the functioning of the procedures laid down in this 
Directive and on the improvement of assessment 
methods. 
(2) Five years after the adoption of the present 
Directive, the Commission shall send to the Council, 
and to the European Parliament a report on the 
operation and effectiveness of the Directive, based on 
this exchange of information. 
Article 13 
(1) The Member States shall take the measures 
necessary to comply with this Directive within two 
years of its notification. 
(2) The Member States shall communicate to the 
Commission the texts of the relevant national law 
which they adopt in the field governed by this 
Directive. 
Article 14 
This Directive is addressed to the Member States. 
No C 169/18 Official Journal of the European Communities 9.7.80 
ANNEX 1 
DEVELOPMENT PROJECTS (') REFERRED TO IN ARTICLE 4.1 
1. Extractive industry 
Extraction and briquetting of solid fuels (11) 
Extraction of bituminous shale (133) 
Extraction of ores containing fissionable and fertile material (151) 
Extraction and preparation of metalliferous ores (21) 
2. Energy industry 
Coke ovens (12) 
Petroleum refining (140.1) 
Production and processing of fissionable and fertile materials (152) 
Generation of electricity from nuclear energy (161.3) 
Coal gasification plants 
Disposal facilities for radioactive waste 
3. Production and preliminary processing of metals (220) 
Iron and steel industry, excluding integrated coke ovens (221) 
Cold rolling of steel (223) 
Production and primary processing of non-ferrous metals and ferro-alloys (224) 
4. Manufacture of non-metallic mineral products (24) 
Manufacture of cement (242.1) 
Manufacture of asbestos-cement products (243.1) 
Manufacture of blue asbestos 
5. Chemical industry (25) 
Petrochemical complexes for the production of olefins, define derivatives, bulk monomers and 
polymers 
Chemical complexes for the production of organic basic intermediates 
Complexes for the production of basic inorganic chemicals 
6. Metal manufacture (3) 
Foundries (311) 
Forging (312.11) 
Treatment and coating of metals (313.5) 
Manufacture of aeroplane and helicopter engines (364.1) 
(') Development 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 adoptecf by the Statistical 
Office of the European Communities, 1970. Reference numbers of the classification are indicated, where 
applicable. 
9.7.80 Official Journal of the European Communities No C 169/19 
7. Food industry (41/42) 
Slaughter-houses (412.1) 
Manufacture and refining of sugar (420.1, 420.2) 
Manufacture of starch and starch products (418) 
8. Processing of rubber (48) 
Factories for the primary production of rubber 
Manufacture of rubber tyres (481.1) 
9. Building and civil engineering (50) 
Construction of motorways 
Intercity railways, including high speed tracks 
Airports 
Commercial harbours 
Construction of waterways for inland navigation 
Permanent motor and motorcyle racing tracks 
Installation of surface pipelines for long distance transport 
ANNEX 2 
Projects (') referred to in Article 4.2 
1. Agriculture 
Projects of land reform 
Projects for cultivating natural areas and abondoned land 
Water management projects for agriculture (drainage, irrigation) 
Intensive livestock rearing units 
Major changes in management plans for important forest areas 
2. Extractive industry 
Extraction of petroleum (131) 
Extraction and purifying of natural gas (132) 
Other deep drillings 
Extraction of minerals other than metalliferous and energy-producing minerals (23) 
(') 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 Commun.ty adopted by the Statistical Ottice oi the 
European Communties, 1970. Reference numbers of the classification are indicated, where applicable. 
NoC 169/20 Official Journal of the European Communities 
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 
4. Production and preliminary processing of metals 
Manufacture of steel tubes (222) 
Drawing and cold folding of steel (223) 
5. Manufacture of glass fibres (247.5) glass wool and silicate wool 
6. Chemical industry 
Production and treatment of intermediate products and fine chemicals 
Production of pesticides and pharmaceutical products, paint and 
varnishes, elastomers and peroxides 
storage facilities for petroleum, petrochemical and chemical products 
7. Metal manufacture (3) 
Stamping, pressing (312.2) 
Secondary transformation treatment and coating of metals (313) 
Boilermaking, manufacture of reservoirs, tanks and other sheet-metal containers (315) 
Manufacture and assembly of motor vehicles (including road tractors) and manufacture of 
motor vehicle engines (351) 
Manufacture of other means of transport (36) 
8. Food industry (41/42) 
Manufacture of vegetable and animal oils and fats (411) 
Processing and conserving of meat (412.2) 
Manufacture of dairy products 
Brewing and malting (427) 
Fish-meal and fish-oil factories 
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. 7. 80 Official Journal of the European Communities NoC 169/21 
10. Building and civil engineering (50) 
Major projects for industrial estates 
Major urban projects 
Major tourist installations 
Construction of roads, harbours, airfields 
River draining and flood relief works 
Hydroelectric and irrigation dams 
Impounding reservoirs 
Installations for the disposal of industrial and domestic waste 
Storage of scrap iron 
11. Modifications to development project included in Annex I 
ANNEX 3 
Content of the information required under Article 6 
1. The description of the proposed project and, where applicable, of the reasonable alternatives for 
the site and design of the project, including in particular: 
— the description of the physical characteristics of the main and the associated proposed 
projects and the land-use requirements during the construction and operational phases 
— The description of the main characteristics of the production processes and the processing 
materials expected to be used (type and quantity), including water and energy 
— the forecast, by type and quantity, of the expected residual liquid, solid and gaseous 
pollutants, radiation, noise, vibration and odours, resulting from the operation of the 
proposed project 
— the envisaged contribution to employment, temporary and permanent 
— the outline of the main alternatives as to the site or the design of the proposed project, which 
can reasonably be envisaged 
2. The description of the environment likely to be significantly affected by the proposed project, 
including, in particular, water, air, soil, climate, flora and fauna, the built-up environment and 
the landscape, taking into account the existing use of these resources 
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 
No C 169/22 Official Journal of the European Communities 9.7.80 
4. A description of the measures envisaged to eliminate, reduce or compensate adverse effects on the 
environment 
5. The description of the relationship between the proposed project and existing environmental and 
land-use plans and standards for the areas likely to be affected 
6. An explanation of the reasons for the choice of the site and design of the proposed project in 
preference to the other reasonable alternatives, having regard, in particular, to the technical and 
economic characteristics of the main and associated project and to the characteristics of the 
environment likely to be affected 
7. A non-technical summary of abovementioned headings 
Proposal for a Council Regulation amending, for the benefit of unemployed workers, 
Regulation (EEC) No 1408/71 on the application of social security schemes to employed 
persons and their families moving within the Community 
(Submitted by the Commission to the Council on 18 June 1980) 
THE COUNCIL OF THK EUROPEAN 
COMMUNITIES, 
Having regard to the Treaty establishing the 
European Economic Community, and in particular 
Articles 2, 7 and 51 thereof, 
Having regard to Regulation (EEC) No 1408/71 of 
the Council of 14 June 1971 on the application of 
social security schemes to employed persons and their 
families moving within the Community (') as last 
amended by Regulation (EEC) No 1517/79 (2), 
Having regard to the proposal from the Commission 
made after consultation with the Administrative 
Commission on Social Security for Migrant Workers, 
Having regard to the opinion of the European Par­
liament, 
Having regard to the opinion of the Economic and 
Social Committee, 
(') OJNoL 149, 5. 7. 1971, p. 2. 
O OJ No L 185, 21. 7. 1979, p. 1. Whereas certain shortcomings in the Community 
rules concerned have emerged during implementation 
of Regulation (EEC) No 1408/71; whereas there are 
therefore grounds for improving the rights of migrant 
workers; 
Whereas the provisions of Regulation (EEC) 
No 1408/71 on the granting of unemployment 
benefits were adopted at a time when there was full 
employment; whereas these provisions are no longer 
suited to current labour market conditions in the 
Community; 
Whereas, in particular, account should be taken of 
the various measures taken in the Member States to 
induce elderly workers to make way for younger 
workers or to refrain from requesting the 
employment services to help them in finding work, by 
providing them with a specific guaranteed income 
level until they reach retirement age; 
Whereas the granting of these benefits, in accordance 
with their objective and unlike normal unemployment 
benefits, is not subject to the condition that the 
beneficiary remain available to the employment 
services; whereas the condition of residence that may 
be linked to the payments of these benefits should 
therefore be abolished for the beneficiaries; whereas