Re-examined Proposal for a COUNCIL DIRECTIVE amending Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment
Date: 1997-01-09
Institutions: European Commission
Subjects: EU environmental policy, environmental impact, environmental protection, environmental risk prevention, impact study

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 
reference  to  "overhead"  should  be  kept  because  underground 
impacts.  However 
electrical power lines do not always have significant  environmental impacts. 

the 

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 
shajl  te  based  on  the 
ermrorftTSftt 
precautionary  principle  and  on 
the 
principles that p r e v e nt 
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 
to 
information  gathered  pursuant 
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 
enter  into  consultations  regarding,  inter 
alia, the potential transboundary effects  of 
the project  and the measures envisaged to 
reduce or eliminate such effects. 

4.  The  Member  States  concerned  shall 
enter  into  consultations  regarding,  inter 
alia, the potential transboundary effects  of 
the project and the measures envisaged to 
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 
regulations  and  administrative 
laws, 
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 
regulations  and  administrative 
laws, 
provisions  necessary  to  comply  with  this 
Directive  within  one  year 
its 
publication.  They  shall  forthwith  inform 
the Commission  thereof. 

from 

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 
the 
into 
choice, 
environmental  effects. 

account 

taking 

ISSN 0254-1475 

COM(96) 723 final 

DOCUMENTS 

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14 

Catalogue number  : CB-CO-96-735-EN-C 

ISBN 92-78-14149-6 

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