WRITTEN QUESTION E-0792/01

by Rosa Miguélez Ramos (PSE) to the Commission

(13 March 2001)

Subject: Minimum requisites for environmental impact assessments

On a number of occasions it has been demonstrated that many environmental impact assessments do not comply with the objectives originally sought when such studies were made compulsory for projects having environmental implications. Some undertakings which are obliged to submit such studies consider them to be a purely formal requirement - something to be performed by themselves to pay lip-service to the rules.

What is the Commission's assessment of the real usefulness of environmental impact assessments?

Does the Commission consider that these studies are meeting the objectives for which they were introduced?

Does the Commission not believe that it should introduce a proposal on the minimum criteria for environmental impact assessments, established in such a way as to ensure that they will no longer be treated by many as a purely formal requirement?

Answer given by Mrs Wallström on behalf of the Commission

(14 May 2001)

The Environment impact assessment (EIA) Directive 85/337/EEC of the Council, of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment(1) has proved to be a very successful instrument of environmental protection focussing particularly on the precautionary principle. Being a framework Directive, by its nature, it sets out minimum requirements which have to be further specified and implemented by the Member States.

The EIA Directive is considered to be a procedural Directive which sets out main steps to be taken by Member States in order to achieve its goal. These steps are the elaboration of an environmental report, the involvement of the public and environmental authorities concerned, the taking into account of these results in decision-making and the information about the decision to the players involved. In case of transboundary impacts Member States likely to be significantly affected are involved on an equal footing in the procedure following the international commitment of the United Nations/Economic Commission for Europe (UN/ECE) Espoo Convention on transboundary environmental impact assessment.

In the cases known to the Commission the proper application of the EIA Directive has usually improved the projects in question from an environmental perspective and given the public the opportunity to participate and contribute in a satisfactory way.

Some deficiencies revealed in a report on the application and effectiveness of the EIA Directive 85/337/EEC resulted in an improved Council Directive 97/11/EC of 3 March 1997(2) amending the original Directive. The success and the importance of this instrument is also proved by the fact that the existing approach is being extended to the planning level above the project level by the future Strategic Environment Assessment (SEA) Directive on the assessment of the effects of certain plans and programmes on the environment(3).

(1) OJ L 175, 5.7.1985.

(2) OJ L 73, 14.3.1997.

(3) Amended proposal for a Council Directive on assessment of the effects of certain plans and programmes on the environment (OJ C 83, 25.3.1999).