Keywords

Summary



Keywords

1. Community law ° Interpretation ° Multilingual texts ° Uniform interpretation ° Differences between the various language versions ° Purpose and general scheme of the rules in question to be taken as the basis for reference

2. Environment ° Assessment of the effects of certain projects on the environment ° Directive 85/337 ° "Canalization and flood-relief works" within the meaning of point 10(e) of Annex II ° Definition ° Dyke work along navigable waterways ° Included ° Definition encompassing modification of existing dykes

(Council Directive 85/337, Annex II, point 10(e))

3. Environment ° Assessment of the effects of certain projects on the environment ° Directive 85/337 ° Assessment of projects in classes included in Annex II ° Member States' discretion ° Scope and limits ° Duty of national courts ° Examination of court' s own motion whether the national authorities have remained within the limits of their discretion ° Need to ensure effectiveness of the directive where limits not observed

(Council Directive 85/337, Arts 2(1), 4(2) and Annex II, point 10(e))

Summary

1. Interpretation of a provision of Community law involves a comparison of the language versions. In the case of divergence between them, the need for a uniform interpretation of those versions requires that the provision in question be interpreted by reference to the purpose and general scheme of the rules of which it forms part.

2. The expression "canalization and flood-relief works" in point 10(e) of Annex II to Directive 85/337 on the assessment of the effects of certain public and private projects on the environment must be interpreted as including works for retaining water and preventing floods, and consequently dyke work along navigable waterways. Where it is liable permanently to affect the composition of the soil, flora and fauna or the landscape, such work is likely to have a significant effect on the environment within the meaning of the directive.

That expression is also to be interpreted as including not only construction of a new dyke but also modification of an existing dyke involving its relocation, reinforcement or widening, replacement of a dyke by constructing a new dyke in situ, whether or not the new dyke is stronger or wider than the old one, or a combination of such works.

3. Article 4(2) of Directive 85/337 on the assessment of the effects of certain public and private projects on the environment provides that projects of the classes listed in Annex II are to be made subject to an assessment where Member States consider that their characteristics so require and that to that end Member States may specify the types of projects subject to an assessment or establish the criteria and/or thresholds necessary to determine which projects are to be subject to an assessment. That provision, together with point 10(e) of Annex II, which refers to canalization and flood-relief works, must be interpreted as meaning that where, in connection with dyke work which requires an assessment, a Member State establishes those criteria or thresholds in such a way that, in practice, all such projects are exempted in advance from the requirement of an impact assessment, it exceeds the limits of its discretion under Articles 2(1) and 4(2) of the directive unless all the projects excluded could, when viewed as a whole, be regarded as unlikely to have significant effects on the environment.

In addition, where under national law a court or tribunal hearing an action for the annulment of a decision approving a project must or may raise of its own motion pleas in law based on binding national rules which have not been put forward by the parties, it must, for matters within its jurisdiction, examine of its own motion whether the legislative or administrative authorities of the Member State have remained within the limits of their discretion under Articles 2(1) and 4(2) of the directive, and take account thereof when examining the action for annulment. Where that discretion has been exceeded and consequently the national provisions must be set aside in that respect, it is for the authorities of the Member State, according to their respective powers, to take all the general or particular measures necessary to ensure that projects are examined in order to determine whether they are likely to have significant effects on the environment and, if so, to ensure that they are subject to an impact assessment.