Amended proposal for a Council Directive on assessment of the effects of certain plans and programmes on the environment
Date: 1999-02-18
Institutions: European Commission
Subjects: EU environmental policy, EU programme, access to information, environmental impact, sustainable development

25.3.1999

EN

Official Journal of the European Communities

C 83/13

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

the environment,

Whereas Article 130 r of the Treaty provides that
Community policy on the environment is to contribute
to the preservation, protection and improvement of
the quality of
the protection of
human health and the prudent and rational utilisation
of natural resources and that it should be based on the
that necessitates,
precautionary principle; whereas
inter alia,
the proper integration of environmental
considerations into the plans and programmes which
are adopted within Member States as part of the town
and country planning decision-making process for the
purpose of establishing the framework for subsequent
development consents (in particular those to which
Council Directive 85/337/EEC of 27 June 1985 on the
assessment of the effects of certain public and private
projects on the environment applies (2);

the environment,

Whereas Article 130 r of the Treaty provides that
Community policy on the environment is to contribute
to the preservation, protection and improvement of
the quality of
the protection of
human health and the prudent and rational utilisation
of natural resources and that it should be based on the
that necessitates,
precautionary principle; whereas
inter alia,
the proper integration of environmental
considerations into the plans and programmes which
are prepared and adopted within Member States for
setting a framework for future development consents
to which Council Directive
(in particular
85/337/EEC of 27 June 1985 on the assessment of the
effects of certain public and private projects on the
environment applies (2);

those

Recital 1a (new)

being

sustainable

development,

key
whereas
the Community, depends on sound
objective of
and on the
management of natural
preservation of
the different
ecosystems so that the needs of the present generation
are met without compromising the ability of future
generations to meet their own needs;

resources
equilibrium of

the

a

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 an
environmental assessment procedure to be followed by
the competent authority before the final decision is
taken in relation to plans and programmes likely to
have an environmental impact;

of

the

development

sustainable
the

this Directive aims at a high level of
whereas
environment and for progress
protection of
the
towards
in
objectives
attainment
Article 130r (1) of the Treaty and is of a procedural
nature,
a minimum environmental
assessment procedure to be followed by the competent
authority before the final decision is taken in relation
to plans and programmes likely to have environmental
impact;

provided

through

setting

out

for

(2) OJ C 175, 5.7.1985, p. 40.

(2) OJ C 175, 5.7.1985, p. 40.

C 83/14

EN

Official Journal of the European Communities

25.3.1999

ORIGINAL PROPOSAL

AMENDED PROPOSAL

Recital 3a (new)

whereas the adoption of environmental assessment
procedures at the planning and programming level will
benefit undertakings by providing a more consistent
framework in which to operate, and contribute to
economically more efficient or cost-effective solutions,
leading to the inclusion of a wider set of factors in
decision-making;

Recital 5

the

different

environmental

assessment
whereas
systems operating within Member States are deficient
because they do not cover all of the core plans and
programmes which establish the
framework for
subsequent consent decisions and because they do not
always contain the minimum procedural requirements
necessary to ensure a high level of protection of the
environment;

the

different

environmental

assessment
whereas
systems operating within Member States are deficient
because they do not cover all of the core plans and
programmes which set a framework for future consent
decisions and because they do not always contain the
minimum procedural requirements necessary to ensure
a high level of protection of the environment;

Recital 7

whereas action is therefore required at Community
level to establish a general environmental assessment
framework which will remedy these deficiencies and
thereby contribute to the pursuit of the environmental
objectives set out in the Treaty;

whereas action is therefore required at Community
to lay down a minimum environmental
level
assessment
these
deficiencies and thereby contribute to the pursuit of
the environmental objectives set out in the Treaty;

framework which will

remedy

Recital 9

whereas the plans and programmes which should be
assessed under this Directive are those plans and
programmes which are adopted as part of the town
and country planning decision-making process for the
purpose of establishing the framework for subsequent
development-consents,
plans
energy, waste,
and programmes adopted in the
water,
extraction),
telecommunications and tourism sectors, and certain
transport infrastructure plans and programmes;

(including mineral

including

strategic

industry

whereas the plans and programmes which should be
assessed under this Directive are those plans and
programmes which are prepared and adopted within
Member States for setting a framework for future
development
plans
strategic
such as energy, waste,
and programmes
extraction),
water,
industry
transport
telecommunications,
certain
town and
infrastructure plans and programmes,
country planning or land use;

in areas
(including mineral

including

consents,

tourism,

Recital 11a

whereas, given the importance of the quality of the
factor
environmental statement being an important
for
the success and usefulness of environmental
assessment, Member States shall communicate to the
Commission how they ensure the quality of
the
environmental statement;

25.3.1999

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Official Journal of the European Communities

C 83/15

ORIGINAL PROPOSAL

AMENDED PROPOSAL

Recital 12

is

transparent and that

whereas in order to ensure that the decision-making
process
information
supplied for the assessment
is comprehensive and
is necessary to provide that authorities
reliable,
environmental
relevant
and/or
responsibilities and the public are to be consulted
during the assessment of plans and programmes;

it
bodies

with

the

is

the

it
bodies

transparent and that

whereas in order to ensure that the decision-making
process
information
supplied for the assessment
is comprehensive and
is necessary to provide that authorities
reliable,
environmental
relevant
and/or
responsibilities and the public concerned are to be
consulted during
and
programmes, and that appropriate time frames are set,
allowing sufficient time for consultations including the
submission of comments;

assessment of plans

with

the

Recital 14

whereas the results of the assessment should be taken
into account by the competent authority before it
adopts the plan or programme or submits it to the
legislative procedure, on the understanding that the
power of assessment and the final decision remain
within the sole competence of this authority;

whereas the results of the assessment should be taken
into account by the competent authority in particular
by making such alterations to the plan or programme
as it considers appropriate before it adopts the plan or
programme or submits it to the legislative procedure,
on the understanding that the power of assessment
and the
sole
competence of this authority;

final decision remain within the

Recital 15

the application and effectiveness of

this
whereas
Directive should be reviewed seven years after its entry
into force;

report on the application and
whereas a first
effectiveness of this Directive should be done by the
Commission five years after its entry into force, and at
seven-year intervals thereafter;

Article 1

the objective of this Directive is to provide for a high
level of protection of the environment by ensuring that
an environmental assessment is carried out of certain
plans and programmes and that the results of the
the
assessment
preparation
and
programmes.

taken into account during
plans

are
and

adoption

such

of

the objective of this Directive is to provide for a high
level of protection of the environment and for progress
towards sustainable development by ensuring that in
accordance with the provisions of this Directive an
environmental assessment
is carried out of certain
plans and programmes which are likely to have
environmental impact.

Article 2

For the purposes of this Directive:

For the purposes of this Directive:

(a) (cid:28)plan’ and (cid:28)programme’

(a) (cid:28)plans’ and (cid:28)programmes’

(i) refer only to town and country planning plans

(i) refer to plans and programmes

and programmes

— which are

subject

to preparation and
adoption by a competent authority or
which are prepared
competent
authority for adoption by legislative act,
and

by

a

— which are

subject

to preparation and
adoption by a competent authority or
which are
competent
authority for adoption by a legislative act,
and

prepared by

a

C 83/16

EN

Official Journal of the European Communities

25.3.1999

ORIGINAL PROPOSAL

AMENDED PROPOSAL

— which are part of the town and country
planning decision-making process for the
purpose of establishing the framework for
subsequent development consents, and

— which contain provisions on the nature,
location or operating conditions of

size,
projects

— which

a

set

framework

future
development consents of projects by making
reference to their location and, inter alia,
their nature, size or operating conditions,
and

for

(ii) include modifications of existing plans and

(ii) include modifications of existing plans and

programmes as described in point (i);

programmes as described in point (i);

transport

this definition includes
town and country
planning plans and programmes in sectors such
as
(including transport corridors,
facilities and airports), energy, waste
port
resource management,
management, water
industry
of mineral
extraction
(including
resources), telecommunications and tourism;

port

this definition includes plans and programmes
in areas such as transport (including transport
airports),
corridors,
facilities
energy, waste management, water
resource
management, industry (including extraction of
mineral
telecommunications,
tourism, town and country planning or land
use;

resources),

and

(b) (cid:28)competent authority’ means the authority which
the Member States designate as responsible for
performing the duties arising from this Directive;

(b) (cid:28)competent authority’ means

the authority or
authorities which the Member States designate as
responsible for performing the duties arising from
this Directive;

(c) (cid:28)development consent’ means the decision of the
competent authority which entitles the developer
to proceed with a project;

(c) (cid:28)development consent’ means the decision which
entitles the developer to proceed with a project;

…

…

(e) (cid:28)environmental assessment’ means the preparation
of an environmental statement, the carrying out of
consultations and the taking into account of the
environmental statement and the results of
the
consultations in accordance with Articles 5—8;

consultations,

(e) (cid:28)environmental assessment’ means the preparation
of an environmental statement, the carrying out
of
taking into account of
the environmental statement and the results of
in decision-making and the
the
information on the decision in accordance with
Articles 5—9;

consultations

the

(ea)(cid:28)environmental

a document
statement’ means
containing the information required in Article 5
and the Annex;

Article 4, 4a (new)

4a.
The competent authority shall make available
to the public concerned a statement of how and why
the plan or programme was
exempted under
paragraphs 3 or 4;

25.3.1999

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Official Journal of the European Communities

C 83/17

ORIGINAL PROPOSAL

AMENDED PROPOSAL

Article 5

1. Where an environmental assessment is required
under Article 4, the competent authority shall prepare
an environmental statement containing the types of
information referred to in the Annex.

1. Where an environmental assessment is required
under Article 4, and for achieving the objectives set
out in Article 1 the competent authority shall prepare
an environmental statement containing the types of
information referred to in the Annex.

2.
The information included in the environmental
statement prepared pursuant to paragraph 1 shall be
in such detail as may reasonably be required for the
purpose of assessing the significant direct and indirect
effects of implementing the plan or programme on
human beings, fauna, flora, soil, water, air, climate,
landscape, material assets and the cultural heritage,
taking into account the level of detail in the plan or
programme, its stage in the decision-making process
and the extent to which certain matters can be more
appropriately assessed at different
in that
process.

levels

2.
In the environmental statement the significant
direct and indirect effects of implementing the plan or
programme on human beings, fauna, flora, soil, water,
air, climate, landscape, material assets and the cultural
heritage as well as the interaction between these
factors shall be identified, described and assessed in an
appropriate manner.

2a.
The information included in the environmental
statement prepared pursuant to paragraph 1 shall be
in such detail as may reasonably be required taking
into account
in the plan or
programme, its stage in the decision-making process
and the extent to which certain matters are more
appropriately assessed at different
in that
process.

the level of detail

levels

…

The environmental

include a
4.
non-technical summary of the information contained
in it.

statement

shall

Article 6 (2)

2.
The environmental authorities and/or bodies
concerned and the public concerned shall be given an
opportunity to express their opinion on the draft plan
or programme and the accompanying environmental
statement before the adoption or submission to the
legislative procedure of the plan or programme.

2.
The environmental authorities and/or bodies
concerned and the public concerned shall be given an
opportunity within appropriate time frames allowing
sufficient
time for expressing their opinion on the
draft plan or programme and the accompanying
environmental
the adoption or
submission to the legislative procedure of the plan or
programme.

statement before

Article 8

to

such

The competent authority responsible for the adoption
or submission to the legislative procedure of the plan
or programme concerned shall take into consideration,
the
prior
to
environmental
Article 5, any opinions expressed pursuant to Article 6
and the results of
the consultations entered into
pursuant to Article 7. The competent authority may,
in particular, make such alterations to the plan or

submission,
pursuant

or
prepared

statement

adoption

for

authority

responsible

competents

the
The
preparation and adoption or
submission to the
legislative procedure of the plan or programme shall
take into consideration, during the preparation and
the
prior
environmental
to
Article 5, any opinions expressed pursuant to Article 6
and the results of
the consultations entered into
pursuant to Article 7. The competent authority may,

submission,
pursuant

or
prepared

statement

adoption

such

to

C 83/18

EN

Official Journal of the European Communities

25.3.1999

ORIGINAL PROPOSAL

AMENDED PROPOSAL

programme as it considers appropriate on the basis of
the environmental statement and any such opinions
and consultations.

in particular, make such alterations to the plan or
programme as it considers appropriate on the basis of
the environmental statement and any such opinions
and consultations.

Article 11(2) and (3)

2.
Seven years after the entry into force of this
Directive, the Commission shall send a report on the
application and effectiveness of the Directive to the
European Parliament and to the Council.

2.
this
Five years after the entry into force of
Directive, the Commission shall send a first report on
the application and effectiveness of the Directive to
the European Parliament and to the Council. A new
evaluation report
seven-year
intervals.

then follow at

shall

3. Where appropriate,
referred to in paragraph 2,
submit
a
amendments to this Directive.

the Council

to

in the light of the report
the Commission may
containing

proposal

3. Where appropriate,
referred to in paragraph 2,
submit
amendments to this Directive.

to the Council

in the light of the reports
the Commission may
containing

a proposals

Article 12

States

necessary
shall
1. Member
legislative, regulatory and administrative provisions to
comply with this Directive no later than 31 December
1999. Member States
forthwith inform the
shall
Commission of the measures taken.

take

the

take

States

necessary
shall
1. Member
legislative, regulatory and administrative provisions to
comply with this Directive no later than two years
after
shall
forthwith inform the Commission of
the measures
taken.

entry into force. Member States

the

its

When Member States adopt these provisions, these
shall contain a reference to this Directive or shall be
accompanied by such a reference at the time of their
official publication. The procedure for such reference
shall be adopted by Member States.

When Member States adopt these provisions, these
shall contain a reference to this Directive or shall be
accompanied by such a reference at the time of their
official publication. The form of such reference shall
be adopted by Member States.

1a. Member States
Commission how they ensure the quality of
environmental statement.

communicate

shall

to the
the

States

to the
shall
2. Member
Commission the types of plans and programmes which
they will
to an environmental assessment
pursuant to this Directive.

communicate

submit

2. No later than two years after the entry into force
of this Directive Member States shall communicate to
the types of plans and
the Commission a list of
programmes which
an
submit
environmental assessment pursuant to this Directive.

they will

to

By this date the Commission will make available such
a list to the Member States.

Annex

Information on the following matters:

Information on the following matters:

(a)

the contents of the plan or programme and its
main objectives;

(a)

the contents of the plan or programme and its
main objectives;

25.3.1999

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Official Journal of the European Communities

C 83/19

ORIGINAL PROPOSAL

AMENDED PROPOSAL

(b)

the environmental characteristics of any area
likely to be significantly affected by the plan or
programme;

any existing environmental problems which are
relevant to the plan or programme including, in
areas of
particular,
relating
particular environmental
such as
areas designated pursuant to Council Directives
79/409/EEC (3) and 92/43/EEC;

to any
importance,

those

(c)

…

(e)

the likely significant environmental effects of
implementing the plan or programme;

(b)

(c)

(d)

(e)

a description of the (cid:28)zero-option’ and reasonable
of
alternatives
(such
or
development
for
development),
including any modifications or
mitigation measures considered, of achieving the
objectives of the plan or programme;

as
alternative

alternative

locations

types

its

and

the environmental characteristics of any area
likely to be significantly affected by the plan or
programme
alternatives
those relating to any
including,
in particular,
importance,
areas of particular environmental
such as areas designated pursuant
to Council
Directives 79/409/EEC (3) and 92/43/EEC, or
qualifying for designation;

reasonable

any existing environmental problems which are
relevant
to the plan or programme and its
reasonable alternatives;

or

its

and

programme

the likely significant effects of implementing the
reasonable
plan
alternatives on the environment, comprising those
on the areas mentioned under (c), including the
cumulative,
consideration
synergistic,
long-term,
short, medium and
permanent and temporary, positive and negative
effects;

secondary,

of

(f)

(g)

…

any alternative ways of achieving the objectives
the plan or programme which have been
of
considered during
its preparation (such as
alternative types of development or alternative
locations for development) and the reasons for
not adopting these alternatives;

the measures envisaged to prevent, reduce and
where possible offset any significant adverse
effects on the environment of implementing the
plan or programme.

(g)

the measures envisaged to prevent, reduce and as
fully as possible offset any significant adverse
effects on the environment of implementing the
plan or programme;

(ha) a statement outlining how the assessment was
undertaken and the reasons for not adopting the
alternatives considered;

(hb) a non-technical

summary of

the information

provided under the above headings.

(1) OJ C 103, 25.4.1979, p. 1.

(1) OJ C 103, 25.4.1979, p. 1.