Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the assessment of the effects of certain public and private projects on the environment
Date: 2011-04-12
Institutions: European Commission
Subjects: environmental protection, industrial project, private sector, project evaluation, public sector

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EUROPEAN COMMISSION 

Brussels, 12.4.2011 
COM(2011) 189 final 

2011/0080 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on the assessment of the effects of certain public and private projects on the 
environment 

(Codification) 

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1. 

2. 

3. 

4. 

EXPLANATORY MEMORANDUM 

In  the  context  of  a  people’s  Europe,  the  Commission  attaches  great  importance  to 
simplifying  and  clarifying  the  law  of  the  Union  so  as  to  make  it  clearer  and  more 
accessible  to  citizens,  thus  giving  them  new  opportunities  and  the  chance  to  make 
use of the specific rights it gives them. 

This aim cannot be achieved so long as numerous provisions that have been amended 
several times, often quite substantially, remain scattered, so that they must be sought 
partly  in  the  original  instrument  and  partly  in  later  amending  ones.  Considerable 
research work, comparing many different instruments, is thus needed to identify the 
current rules. 

For  this  reason  a  codification  of  rules  that  have  frequently  been  amended  is  also 
essential if the law is to be clear and transparent. 

On 1 April 1987 the Commission decided1 to instruct its staff that all acts should be 
codified  after  no  more  than  ten  amendments,  stressing  that  this  is  a  minimum 
requirement  and  that  departments  should  endeavour  to  codify  at  even  shorter 
intervals the texts for which they are responsible, to ensure that their provisions are 
clear and readily understandable. 

The  Conclusions  of 
the  Edinburgh  European  Council 
(December 1992) confirmed this2, stressing the importance of codification as it offers 
certainty as to the law applicable to a given matter at a given time. 

the  Presidency  of 

Codification  must  be  undertaken  in  full  compliance  with  the  normal  procedure  for 
the adoption of acts of the Union. 

Given  that  no  changes  of  substance  may  be  made  to  the  instruments  affected  by 
codification, the European Parliament, the Council and the Commission have agreed, 
by  an  interinstitutional  agreement  dated  20  December  1994,  that  an  accelerated 
procedure may be used for the fast-track adoption of codification instruments. 

is 

this  proposal 

to  undertake  a  codification  of  Council 
The  purpose  of 
Directive 85/337/EEC  of  27  June  1985  on  the  assessment  of  the  effects  of  certain 
public  and  private  projects  on  the  environment3.  The  new  Directive  will  supersede 
the  various  acts  incorporated  in  it4;  this  proposal  fully  preserves  the  content  of  the 
acts being codified and hence does no more than bring them together with only such 
formal amendments as are required by the codification exercise itself. 

1 
2 
3 
4 

COM(87) 868 PV. 
See Annex 3 to Part A of the Conclusions. 
Entered in the legislative programme for 2010. 
See Annex V, Part A of this proposal. 

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5. 

The codification proposal was drawn up on the basis of a preliminary consolidation, 
in 22 official languages, of Directive 85/337/EEC and the instruments amending it, 
carried  out  by  the  Publications  Office  of  the  European  Union,  by  means  of  a  data-
processing system. Where the Articles have been given new numbers, the correlation 
between the old and the new numbers is shown in a table contained in Annex VI to 
the codified Directive. 

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(cid:208) 85/337/EEC (adapted) 

2011/0080 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on the assessment of the effects of certain public and private projects on the 
environment 

(Codification) 

(Text with EEA relevance) 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  ⌦ on  the  Functioning  of  the  European  Union ⌫,  and  in 
particular Article ⌦ 192(1) ⌫ thereof, 

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national Parliaments, 

Having regard to the opinion of the European Economic and Social Committee5, 

Having regard to the opinion of the Committee of the Regions6, 

Acting in accordance with the ordinary legislative procedure7, 

Whereas: 

(1) 

Council  Directive  85/337/EEC  of  27  June  1985  on  the  assessment  of  the  effects  of 
certain  public  and  private  projects  on  the  environment8  has  been  substantially 
amended  several  times9.  In  the  interests  of  clarity  and  rationality  the  said  Directive 
should be codified. 

(cid:208) 

5 
6 
7 
8 
9 

OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ L 175, 5.7.1985, p. 40. 
See Annex VI, Part A. 

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(cid:208) 97/11/EC recital 2 (adapted) 
(cid:206)1 85/337/EEC recital 1, 2nd 
sentence (adapted) 

(2) 

Pursuant to Article ⌦ 191 ⌫ of the Treaty ⌦ on the Functioning of the European 
Union ⌫,  ⌦ Union ⌫  policy  on  the  environment  is  based  on  the  precautionary 
principle  and  on  the  principle  that  preventive  action  should  be  taken,  that 
environmental damage should as a priority be rectified at source and that the polluter 
should pay. (cid:206)1 Effects on the environment ⌦ should be taken ⌫ into account at the 
earliest possible stage in all the technical planning and decision-making processes.  

(cid:208) 85/337/EEC recital 7 (adapted) 
(cid:206)1 97/11/EC recital 3 (adapted) 

(3) 

The  principles  of  the  assessment  of  environmental  effects  should  be  harmonised,  in 
particular  with  reference  to  the  projects  which  should  be  subject  to  assessment,  the 
main obligations of the developers and the content of the assessment. (cid:206)1 The Member 
States may lay down stricter rules to protect the environment.  

(4) 

In addition, it is necessary to achieve one of the objectives ⌦ of the Union ⌫ in the 
sphere of the protection of the environment and the quality of life. 

(cid:208) 85/337/EEC recital 3 (adapted) 

(5) 

Environmental  legislation  ⌦ of  the  Union ⌫  includes  provisions  for  public 
authorities and other bodies to take decisions which may have a significant effect on 
the environment as well as on personal health and well-being. 

(cid:208) 2003/35/EC recital 2 (adapted) 

(6) 

(7) 

(cid:208) 85/337/EEC recital 5 (adapted) 

General  principles  for  the  assessment  of  environmental  effects  should  be  ⌦ laid 
down ⌫  with  a  view  to  supplementing  and  coordinating  development  consent 
procedures governing public and private projects likely to have a major effect on the 
environment. 

(cid:208) 85/337/EEC recital 6 (adapted) 

Development  consent  for  public  and  private  projects  which  are  likely  to  have 
significant effects on the environment should be granted only after a prior assessment 
of the  likely significant  environmental effects of those  projects has  been carried out. 
⌦ That ⌫  assessment  ⌦ should ⌫  be  conducted  on  the  basis  of  the  appropriate 
information supplied by the developer, which may be supplemented by the authorities 
and by the ⌦ public likely to ⌫ be concerned by the project in question. 

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(8) 

Projects  belonging  to  certain  types  have  significant  effects  on  the  environment  and 
⌦ those ⌫ projects ⌦ should ⌫ as a rule be subject to a systematic assessment. 

(cid:208) 85/337/EEC recital 8 (adapted) 

(cid:208) 85/337/EEC recital 9 (adapted) 
(cid:206)1 97/11/EC recital 7 (adapted) 

(9) 

Projects  of  other  types  may  not  have  significant effects on  the environment  in  every 
case and ⌦ those ⌫ projects should be assessed where the Member States consider 
that (cid:206)1 they are likely to have significant effects on the environment . 

(10)  Member  States  may  set  thresholds  or  criteria  for  the  purpose  of  determining  which 
such projects should be subject to assessment on the basis of the significance of their 
environmental  effects.  Member  States  should  not  be  required  to  examine  projects 
below those thresholds or outside those criteria on a case-by-case basis. 

(cid:208) 97/11/EC recital 8 

(cid:208) 97/11/EC recital 9 (adapted) 

(11)  When setting such thresholds or criteria or examining projects on a case-by-case basis 
for the purpose of determining which projects should be subject to assessment on the 
basis of their significant environmental effects, Member States should take account of 
the  relevant  selection  criteria  set  out  in  this  Directive.  In  accordance  with  the 
subsidiarity principle, the Member States are in the best position to apply ⌦ those ⌫ 
criteria in specific instances. 

(12)  For projects which are subject to assessment, a certain minimal amount of information 

⌦ should ⌫ be supplied, concerning the project and its effects. 

(cid:208) 85/337/EEC recital 10 (adapted) 

(cid:208) 97/11/EC recital 11 (adapted) 

(13) 

It  is  appropriate  to ⌦ lay  down ⌫  a  procedure  in  order  to  enable  the  developer  to 
obtain  an  opinion  from  the  competent  authorities  on  the  content  and  extent  of  the 
information  to  be  elaborated  and  supplied  for  the  assessment.  Member  States,  in  the 
framework  of  this  procedure,  may  require  the  developer  to  provide,  inter  alia, 
alternatives for the projects for which it intends to submit an application. 

(14)  The effects of a project on the environment ⌦ should ⌫ be assessed in order to take 
account  of  concerns  to  protect  human  health,  to  contribute  by  means  of  a  better 
environment  to  the  quality  of  life,  to  ensure  maintenance  of  the  diversity  of  species 
and to maintain the reproductive capacity of the ecosystem as a basic resource for life. 

(cid:208) 85/337/EEC recital 11 (adapted) 

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(cid:208) 97/11/EC recital 12 (adapted) 
(cid:206)1 97/11/EC recital 13 

(15) 

It  is  desirable  to ⌦ lay  down  strengthened ⌫  provisions  concerning  environmental 
impact  assessment  in  a  transboundary  context  to  take  account  of  developments  at 
international  level.  (cid:206)1 The  Community  signed  the  Convention  on  Environmental 
Impact Assessment in a Transboundary Context on 25 February 1991, ⌦ and ratified 
it on 24 June 1997. ⌫  

(cid:208) 2003/35/EC recital 3 

(16)  Effective public participation in the taking of decisions enables the public to express, 
and  the  decision-maker  to  take  account  of,  opinions  and  concerns  which  may  be 
relevant to those decisions, thereby increasing the accountability and transparency of 
the  decision-making  process  and  contributing  to  public  awareness  of  environmental 
issues and support for the decisions taken. 

(17)  Participation,  including  participation  by  associations,  organisations  and  groups,  in 
particular  non-governmental  organisations  promoting  environmental  protection, 
should  accordingly  be  fostered,  including  inter  alia  by  promoting  environmental 
education of the public. 

(cid:208) 2003/35/EC recital 4 

(18)  The  Community  signed  the  UN/ECE  Convention  on  Access  to  Information,  Public 
Participation in Decision-Making and Access to Justice in Environmental Matters (the 
Århus Convention) on 25 June 1998 ⌦ and ratified it on 17 February 2005 ⌫. 

(cid:208) 2003/35/EC recital 5 (adapted) 

(19)  Among  the  objectives  of  the  Århus  Convention  is  the  desire  to  guarantee  rights  of 
public participation in decision-making in environmental matters in order to contribute 
to the protection of the right to live in an environment which is adequate for personal 
health and well-being. 

(cid:208) 2003/35/EC recital 6 

(20)  Article 6 of the Århus Convention provides for public participation in decisions on the 
specific activities listed in Annex I thereto and on activities not so listed which may 
have a significant effect on the environment. 

(cid:208) 2003/35/EC recital 7 

(21)  Article 9(2) and (4) of the Århus Convention provides for access to judicial or other 
procedures for challenging the substantive or procedural legality of decisions, acts or 
omissions subject to the public participation provisions of Article 6 of the Convention. 

(cid:208) 2003/35/EC recital 9 

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(22)  However,  this  Directive  should  not  be  applied  to  projects  the  details  of  which  are 
adopted by a specific act of national legislation, since the objectives of this Directive 
are achieved through the legislative process. 

(cid:208) 85/337/EEC recital 12 (adapted) 

(23)  Furthermore,  it  may  be  appropriate  in  exceptional  cases  to  exempt  a  specific  project 
from  the  assessment  procedures  laid  down  by  this  Directive,  subject  to  appropriate 
information being supplied to the Commission ⌦ and to the public ⌫. 

(cid:208) 85/337/EEC recital 13 (adapted) 

(cid:208) 2003/35/EC recital 12 (adapted) 

(24)  Since the ⌦ objectives ⌫ of the proposed action cannot be sufficiently achieved by 
the Member States and can therefore, by reason of the scale and effects of the action, 
be  better  achieved  at  ⌦ Union ⌫  level,  the  ⌦ Union ⌫  may  adopt  measures  in 
accordance with the principle of subsidiarity as set out in Article 5 of the Treaty ⌦ on 
European Union ⌫. In accordance with the principle of proportionality, as set out in 
that  Article,  this Directive does not go beyond what is necessary in order to achieve 
⌦ those objectives ⌫. 

(25)  This  Directive  should  be  without  prejudice  to  the  obligations  of  the  Member  States 
relating to the time-limits for transposition into national law of the Directives set out in 
Annex V, Part B, 

(cid:208) 

HAVE ADOPTED THIS DIRECTIVE: 

Article 1 

(cid:208) 85/337/EEC (adapted) 

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 ⌦ , the following definitions shall apply ⌫: 

(a) 

‘project’ means: 

– 

– 

the execution of construction works or of other installations or schemes, 

other  interventions  in  the  natural  surroundings  and  landscape  including  those 
involving the extraction of mineral resources; 

(b) 

‘developer’ means the applicant for authorisation for a private project or the public 
authority which initiates a project; 

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(c) 

‘development consent’ means the decision of the competent authority or authorities 
which entitles the developer to proceed with the project; 

(cid:208) 2003/35/EC Art. 3 pt. 1 

(d) 

(e) 

‘public’ means one or more natural or legal persons and, in accordance with national 
legislation or practice, their associations, organisations or groups; 

‘public concerned’ means the public affected or likely to be affected by, or having an 
interest in, the environmental decision-making procedures referred to in Article 2(2); 
for  the  purposes  of  this  definition,  non-governmental  organisations  promoting 
environmental protection and meeting any requirements under national law shall be 
deemed to have an interest; 

(f) 

‘competent authority or authorities’ ⌦ means ⌫ that authority or those authorities 
which the Member States designate as responsible for performing the duties arising 
from this Directive. 

(cid:208) 85/337/EEC (adapted) 

3. Member States may decide, on a case-by-case basis if so provided under national law, not 
to apply this Directive to projects serving national defence purposes, if they deem that such 
application would have an adverse effect on these purposes. 

(cid:208) 2003/35/EC Art. 3 pt. 2 

4. This Directive shall not apply to projects the details of which are adopted by a specific act 
of  national  legislation,  since  the  objectives  of  this  Directive  are  achieved  through  the 
legislative process.[Article 2 

(cid:208) 85/337/EEC (adapted) 

1. Member States shall adopt all measures necessary to ensure that, before consent is given, 
projects  likely  to  have  significant  effects  on  the  environment  by  virtue,  inter  alia,  of  their 
nature,  size  or  location  are  made  subject  to  a  requirement  for  development  consent  and  an 
assessment with regard to their effects. These projects are defined in Article 4. 

(cid:208) 97/11/EC Art. 1 pt. 1 

2.  The  environmental  impact  assessment  may  be  integrated  into  the  existing  procedures  for 
consent  to  projects  in  the  Member  States,  or,  failing  this,  into  other  procedures  or  into 
procedures to be established to comply with the aims of this Directive. 

(cid:208) 85/337/EEC 

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3. Member States may provide for a single procedure in order to fulfil the requirements of this 
Directive and the requirements of Directive ⌦ [2008/1/EC] of the European Parliament and 
of the Council ⌫10. 

(cid:208) 97/11/EC Art. 1 pt. 2 (adapted) 

4. Without prejudice to Article 7, Member States may, in exceptional cases, exempt a specific 
project in whole or in part from the provisions laid down in this Directive. 

(cid:208) 97/11/EC Art. 1 pt. 3 

In that event, the Member States shall: 

(cid:208) 85/337/EEC 

(cid:208) 2003/35/EC Art. 3 pt. 3 

(a) 

(b) 

consider whether another form of assessment would be appropriate; 

make available to the public concerned the information obtained under other forms 
of  assessment  referred  to  in  point  (a),  the  information  relating  to  the  exemption 
decision and the reasons for granting it; 

(cid:208) 85/337/EEC (adapted) 
(cid:206)1 97/11/EC Art. 1 pt. 4 

(c) 

inform  the  Commission,  prior  to  granting  consent,  of  the  reasons  justifying  the 
exemption  granted,  and  provide  it  with  the  information  made  available,  (cid:206)1 where 
applicable , to their own nationals. 

The  Commission  shall  immediately  forward  the  documents  received  to  the  other  Member 
States. 

The Commission shall report annually to ⌦ the European Parliament and to ⌫ the Council 
on the application of this paragraph. 

(cid:208) 97/11/EC Art. 1 pt. 5 

Article 3 

The  environmental  impact  assessment  shall  identify,  describe  and  assess  in  an  appropriate 
manner, in the light of each individual case and in accordance with Articles 4 to 12, the direct 
and indirect effects of a project on the following factors: 

(a) 

human beings, fauna and flora; 

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OJ L ⌦ 24, 29.1.2008, p. 8 ⌫. 

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(b) 

(c) 

(d) 

soil, water, air, climate and the landscape; 

material assets and the cultural heritage; 

the interaction between the factors referred to in points (a), (b) and (c). 

(cid:208) 97/11/EC Art. 1 pt. 6 (adapted) 

Article 4 

1. Subject to Article 2 (4), projects listed in Annex I shall be made subject to an assessment in 
accordance with Articles 5 to 10. 

2. Subject to Article 2 (4), for projects listed in Annex II, the Member States shall determine 
whether  the  project  shall  be  made  subject  to  an  assessment  in  accordance  with  Articles 5 
to 10. ⌦ Member States shall make that determination ⌫ through: 

(a) 

a case-by-case examination, 

or 

(b) 

thresholds or criteria set by the Member State. 

Member States may decide to apply both procedures referred to in points (a) and (b). 

3.  When  a  case-by-case  examination  is  carried  out  or  thresholds  or  criteria  are  set  for  the 
purpose of paragraph 2, the relevant selection criteria set out in Annex III shall be taken into 
account. 

4. Member States shall ensure that the determination made by the competent authorities under 
paragraph 2 is made available to the public. 

(cid:208) 97/11/EC Art. 1 pt. 7 

Article 5 

1.  In  the  case  of  projects  which,  pursuant  to  Article  4,  must  be  made  subject  to  an 
environmental  impact  assessment  in  accordance  with  Articles  5  to  10,  Member  States  shall 
adopt the necessary measures to ensure that the developer supplies in an appropriate form the 
information specified in Annex IV inasmuch as: 

(a) 

(b) 

the  Member  States  consider  that  the  information  is  relevant  to  a  given  stage  of  the 
consent procedure and to the specific characteristics of a particular project or type of 
project and of the environmental features likely to be affected; 

the Member States consider that a developer may reasonably be required to compile 
this  information  having  regard  inter  alia  to  current  knowledge  and  methods  of 
assessment. 

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2. Member States shall take the necessary measures to ensure that, if the developer so requests 
before submitting an application for development consent, the competent authority shall give 
an opinion on the information to be supplied by the developer in accordance with paragraph 1. 
The competent authority shall consult the developer and authorities referred to in Article 6(1) 
before  it  gives  its  opinion.  The  fact  that  the  authority  has  given  an  opinion  under  this 
paragraph  shall  not  preclude  it  from  subsequently  requiring  the  developer  to  submit  further 
information. 

Member States may require the competent authorities to give such an opinion, irrespective of 
whether the developer so requests. 

3.  The  information  to  be  provided  by  the  developer  in  accordance  with  paragraph  1  shall 
include at least: 

(a) 

(b) 

(c) 

(d) 

a description of the project comprising information on the site, design and size of the 
project; 

a  description  of  the  measures  envisaged  in  order  to  avoid,  reduce  and,  if  possible, 
remedy significant adverse effects; 

the data required to identify and assess the main effects which the project is likely to 
have on the environment; 

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; 

(e) 

a non-technical summary of the information referred to in points (a) to (d). 

4. Member States shall, if necessary, ensure that any authorities holding relevant information, 
with particular reference to Article 3, shall make this information available to the developer. 

(cid:208) 85/337/EEC 

Article 6 

(cid:208) 97/11/EC Art. 1 pt. 8 

1. Member States shall take the measures necessary to ensure that the authorities likely to be 
concerned by the project by reason of their specific environmental responsibilities are given 
an opportunity to express their opinion on the information supplied by the developer and on 
the  request  for  development  consent.  To  this  end,  Member  States  shall  designate  the 
authorities to be consulted, either in general terms or on a case-by-case basis. The information 
gathered pursuant to Article 5 shall be forwarded to those authorities. Detailed arrangements 
for consultation shall be laid down by the Member States. 

2. The public shall be informed, whether by public notices or other appropriate means such as 
electronic  media  where  available,  of  the  following  matters  early  in  the  environmental 

(cid:208) 2003/35/EC Art. 3 pt. 4 

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decision-making  procedures  referred  to  in  Article  2(2)  and,  at  the  latest,  as  soon  as 
information can reasonably be provided: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

the request for development consent; 

the fact that the project is subject to an environmental impact assessment procedure 
and, where relevant, the fact that Article 7 applies; 

details  of  the  competent  authorities  responsible  for  taking  the  decision,  those  from 
which relevant information can be obtained, those to which comments or questions 
can  be  submitted,  and  details  of  the  time  schedule  for  transmitting  comments  or 
questions; 

the nature of possible decisions or, where there is one, the draft decision; 

an indication of the availability of the information gathered pursuant to Article 5; 

an  indication  of  the  times  and  places  where  and  means  by  which  the  relevant 
information will be made available; 

details of the arrangements for public participation made pursuant to paragraph 5 of 
this Article. 

3.  Member  States  shall  ensure  that,  within  reasonable  time-frames,  the  following  is  made 
available to the public concerned: 

(a) 

(b) 

(c) 

any information gathered pursuant to Article 5; 

in  accordance  with  national  legislation,  the  main  reports  and  advice  issued  to  the 
competent authority or authorities at the time when the public concerned is informed 
in accordance with paragraph 2 of this Article; 

(cid:208) 2003/35/EC Art. 3 pt. 4 
(adapted) 

in  accordance  with  the  provisions  of  Directive  2003/4/EC  of  the  European 
Parliament and of the Council11, information other than that referred to in paragraph 
2 of this Article which is relevant for the decision in accordance with Article 8 ⌦ of 
this  Directive ⌫  and  which  only  becomes  available  after  the  time  the  public 
concerned was informed in accordance with paragraph 2 of this Article. 

(cid:208) 2003/35/EC Art. 3 pt. 4 

4. The public concerned shall be given early and effective opportunities to participate in the 
environmental  decision-making  procedures  referred  to  in  Article  2(2)  and  shall,  for  that 
purpose,  be  entitled  to  express  comments  and  opinions  when  all  options  are  open  to  the 
competent authority or authorities before the decision on the request for development consent 
is taken. 

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OJ L 41, 14.2.2003, p. 26. 

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5. The detailed arrangements for informing  the public (for example by bill posting within a 
certain radius or publication in local newspapers) and for consulting the public concerned (for 
example  by  written  submissions  or  by  way  of  a  public  inquiry)  shall  be  determined  by  the 
Member States. 

6. Reasonable time-frames for the different phases shall be provided, allowing sufficient time 
for informing the public and for the public concerned to prepare and participate effectively in 
environmental decision-making subject to the provisions of this Article. 

(cid:208) 97/11/EC Art. 1 pt. 9 

Article 7 

(cid:208) 2003/35/EC Art. 3 pt. 5(a) 
(adapted) 

1.  Where  a  Member  State  is  aware  that  a  project  is  likely  to  have  significant  effects  on  the 
environment  in  another  Member  State  or  where  a  Member  State  likely  to  be  significantly 
affected so requests, the Member State in whose territory the project is intended to be carried 
out  shall  send  to  the  affected  Member  State  as  soon  as  possible  and  no  later  than  when 
informing its own public, inter alia: 

(a) 

a  description  of  the  project,  together  with  any  available  information  on  its  possible 
transboundary impact; 

(b) 

information on the nature of the decision which may be taken. 

⌦ The  Member  State  in  whose  territory  the  project  is  intended  to  be  carried  out ⌫  shall 
give  the  other  Member  State  a  reasonable  time  in  which  to  indicate  whether  it  wishes  to 
participate  in  the  environmental  decision-making procedures  referred  to  in  Article  2(2),  and 
may include the information referred to in paragraph 2 of this Article. 

2.  If  a  Member  State  which  receives  information  pursuant  to  paragraph  1  indicates  that  it 
intends  to  participate  in  the  environmental  decision-making  procedures  referred  to  in 
Article 2(2),  the  Member  State  in  whose  territory  the  project  is  intended  to  be  carried  out 
shall, if it has not already done so, send to the affected Member State the information required 
to be given pursuant to Article 6(2) and made available pursuant to Article 6(3)(a) and (b). 

(cid:208) 97/11/EC Art. 1 pt. 9 (adapted) 

3. The Member States concerned, each insofar as it is concerned, shall also: 

(a) 

(b) 

arrange for the information referred to in paragraphs 1 and 2 to be made available, 
within a reasonable time, to the authorities referred to in Article 6 (1) and the public 
concerned in the territory of the Member State likely to be significantly affected; and 

ensure  that  ⌦ the ⌫  authorities  ⌦ referred  to  in  Article  6(1) ⌫  and  the  public 
concerned  are  given  an  opportunity,  before  development  consent  for  the  project  is 
granted,  to  forward  their  opinion  within  a  reasonable  time  on  the  information 

EN 

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supplied  to  the  competent  authority  in  the  Member  State  in  whose  territory  the 
project is intended to be carried out. 

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  agree  on  a  reasonable  time  frame  for  the  duration  of  the 
consultation period. 

5.  The  detailed  arrangements  for  implementing  this  Article  may  be  determined  by  the 
Member States concerned and shall be such as to enable the public concerned in the territory 
of the affected Member State to participate effectively in the environmental decision-making 
procedures referred to in Article 2(2) for the project. 

(cid:208) 2003/35/EC Art. 3 pt. 5(b) 

(cid:208) 97/11/EC Art. 1 pt. 10 (adapted) 

Article 8 

The  results  of  consultations  and  the  information  gathered  pursuant  to  Articles  5,  6  and  7 
⌦ shall ⌫ be taken into consideration in the development consent procedure. 

(cid:208) 97/11/EC Art. 1 pt. 11 

Article 9 

(cid:208) 2003/35/EC Art. 3 pt. 6(a) 

1.  When  a  decision  to  grant  or  refuse  development  consent  has  been  taken,  the  competent 
authority  or  authorities  shall  inform  the  public  thereof  in  accordance  with  the  appropriate 
procedures and shall make available to the public the following information: 

(a) 

(b) 

(c) 

the content of the decision and any conditions attached thereto; 

having examined the concerns and opinions expressed by the public concerned, the 
main  reasons  and  considerations  on  which  the  decision  is  based,  including 
information about the public participation process; 

a  description,  where  necessary,  of  the  main  measures  to  avoid,  reduce  and,  if 
possible, offset the major adverse effects. 

(cid:208) 2003/35/EC Art. 3 pt. 6(b) 

2.  The  competent  authority  or  authorities  shall  inform  any  Member  State  which  has  been 
consulted pursuant to Article 7, forwarding to it the information referred to in paragraph 1 of 
this Article. 

The  consulted  Member  States  shall  ensure  that  that  information  is  made  available  in  an 
appropriate manner to the public concerned in their own territory. 

EN 

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(cid:208) 97/11/EC Art. 1 pt. 12 (adapted) 

Article 10 

The provisions of this Directive shall not affect the obligation on the competent authorities to 
respect  the  limitations  imposed  by  national  ⌦ laws, ⌫  regulations  and  administrative 
provisions  and  accepted 
industrial 
legal  practices  with  regard 
confidentiality, including intellectual property, and the safeguarding of the public interest. 

to  commercial  and 

Where  Article  7  applies,  the  transmission  of  information  to  another  Member  State  and  the 
receipt of information by another Member State shall be subject to the limitations in force in 
the Member State in which the project is proposed. 

(cid:208) 2003/35/EC Art. 3 pt. 7 

Article 11 

1.  Member  States  shall  ensure  that,  in  accordance  with  the  relevant  national  legal  system, 
members of the public concerned: 

(a) 

(b) 

having a sufficient interest, or alternatively, 

maintaining  the  impairment  of  a  right,  where  administrative  procedural  law  of  a 
Member State requires this as a precondition, 

have access to a review procedure before a court of law or another independent and impartial 
body established by law to challenge the substantive or procedural legality of decisions, acts 
or omissions subject to the public participation provisions of this Directive. 

2.  Member  States  shall  determine  at  what  stage  the  decisions,  acts  or  omissions  may  be 
challenged. 

3. What constitutes a sufficient interest and impairment of a right shall be determined by the 
Member States, consistently with the objective of giving the public concerned wide access to 
justice.  To  this  end,  the  interest  of  any  non-governmental  organisation  meeting  the 
requirements referred to in Article 1(2), shall be deemed sufficient for the purpose of point (a) 
of paragraph 1 of this Article. Such organisations shall also be deemed to have rights capable 
of being impaired for the purpose of point (b) of paragraph 1 of this Article. 

4.  The  provisions  of  this  Article  shall  not  exclude  the  possibility  of  a  preliminary  review 
procedure  before  an  administrative  authority  and  shall  not  affect  the  requirement  of 
exhaustion  of  administrative  review  procedures  prior  to  recourse  to  judicial  review 
procedures, where such a requirement exists under national law. 

Any such procedure shall be fair, equitable, timely and not prohibitively expensive. 

5. In order to further the effectiveness of the provisions of this Article, Member States shall 
ensure that practical information is made available to the public on access to administrative 
and judicial review procedures. 

EN 

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(cid:208) 85/337/EEC 

Article 12 

1.  The  Member  States  and  the  Commission  shall  exchange  information  on  the  experience 
gained in applying this Directive. 

2. In particular, Member States shall inform the Commission of any criteria and/or thresholds 
adopted for the selection of the projects in question, in accordance with Article 4 (2). 

(cid:208) 97/11/EC Art. 1 pt. 13 

3.  On  the  basis  of  this  exchange  of  information,  the  Commission  shall  ⌦ if  necessary ⌫ 
submit  additional  proposals  ⌦ to  the  European  Parliament  and  to  the  Council ⌫,  with  a 
view  to  ⌦ ensuring  that ⌫  this  Directive  ⌦ is ⌫  applied  in  a  sufficiently  coordinated 
manner. 

(cid:208) 85/337/EEC (adapted) 

Member States shall communicate to the Commission the texts of the provisions of national 
law which they adopt in the field covered by this Directive. 

Article 13 

(cid:208) 

Article 14 

Directive 85/337/EEC, as amended by the Directives listed in Annex V, Part A, is repealed, 
without  prejudice  to  the  obligations  of  the  Member  States  relating  to  the  time-limits  for 
transposition into national law of the Directives set out in Annex V, Part B. 

References  to  the  repealed  Directive  shall  be  construed  as  references  to  this  Directive  and 
shall be read in accordance with the correlation table in Annex VI. 

This Directive shall enter into force on the twentieth day following that of its publication in 
the Official Journal of the European Union. 

Article 15 

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17 

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(cid:208) 85/337/EEC 

Article 16 

This Directive is addressed to the Member States. 

Done at Brussels 

For the European Parliament 
The President 

For the Council 
The President 

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18 

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(cid:208) 97/11/EC Art. 1 pt. 15 and 
Annex (adapted) 

ANNEX I 

PROJECTS ⌦ REFERRED ⌫ TO ⌦ IN ⌫ ARTICLE 4(1) 

1. 

Crude-oil  refineries  (excluding  undertakings  manufacturing  only  lubricants  from 
crude oil) and installations for the gasification and liquefaction of 500 tonnes or more 
of coal or bituminous shale per day. 

2. 

(a)  Thermal power stations and other combustion installations with a heat output 

of 300 megawatts or more; 

(cid:208) 97/11/EC Art. 1 pt. 15 and 
Annex 

(b)  Nuclear power stations and other nuclear reactors including the dismantling or 
decommissioning  of  such  power  stations  or  reactors12  (except  research 
installations  for  the  production  and  conversion  of  fissionable  and  fertile 
materials,  whose  maximum  power  does  not  exceed  1  kilowatt  continuous 
thermal load). 

3. 

(a) 

Installations for the reprocessing of irradiated nuclear fuel; 

(b) 

Installations designed: 

(i) 

for the production or enrichment of nuclear fuel, 

(ii) 

for  the  processing  of  irradiated  nuclear  fuel  or  high-level  radioactive 
waste, 

(iii)  for the final disposal of irradiated nuclear fuel, 

(iv)  solely for the final disposal of radioactive waste, 

(v) 

solely  for  the  storage  (planned  for  more  than  10  years)  of  irradiated 
nuclear fuels or radioactive waste in a different site than the production 
site. 

4. 

(a) 

Integrated works for the initial smelting of cast-iron and steel; 

(b) 

Installations  for  the  production  of  non-ferrous  crude  metals  from  ore, 
concentrates  or  secondary  raw  materials  by  metallurgical,  chemical  or 
electrolytic processes. 

12 

Nuclear power stations and other nuclear reactors cease to be such an installation when all nuclear fuel 
and  other  radioactively  contaminated  elements  have  been  removed  permanently  from  the  installation 
site. 

EN 

19 

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5. 

6. 

Installations for the extraction of asbestos and for the processing and transformation 
of asbestos and products containing asbestos: for asbestos-cement products, with an 
annual  production  of  more  than  20 000  tonnes  of  finished  products,  for  friction 
material, with an annual production of more than 50 tonnes of finished products, and 
for other uses of asbestos, utilisation of more than 200 tonnes per year. 

Integrated  chemical  installations,  namely  those  installations  for  the  manufacture  on 
an  industrial  scale  of  substances  using  chemical  conversion  processes,  in  which 
several units are juxtaposed and are functionally linked to one another and which are: 

(a) 

for the production of basic organic chemicals; 

(b) 

for the production of basic inorganic chemicals; 

(c) 

for  the  production  of  phosphorous-,  nitrogen-  or  potassium-based  fertilisers 
(simple or compound fertilisers); 

(d) 

for the production of basic plant health products and of biocides; 

(e) 

for  the  production  of  basic  pharmaceutical  products  using  a  chemical  or 
biological process; 

(f) 

for the production of explosives. 

7. 

(a)  Construction  of  lines  for  long-distance  railway  traffic  and  of  airports  with  a 

basic runway length of 2 100 m or more; 

(cid:208) 97/11/EC Art. 1 pt. 15 and 
Annex (adapted) 

For  the  purposes  of  this  Directive,  ‘airport’  means  ⌦ an ⌫  airport  which 
⌦ complies ⌫ with the definition in the 1944 Chicago Convention setting up 
the International Civil Aviation Organization (Annex 14); 

(cid:208) 97/11/EC Art. 1 pt. 15 and 
Annex 

(b)  Construction of motorways and express roads; 

For the purposes of the Directive, ‘express road’ means a road which complies 
with  the  definition  in  the  European  Agreement  on  Main  International  Traffic 
Arteries of 15 November 1975; 

(c)  Construction  of  a  new  road  of  four  or  more  lanes,  or  realignment  and/or 
widening of an existing road of two lanes or less so as to provide four or more 
lanes, where such new road, or realigned and/or widened section of road would 
be 10 km or more in a continuous length. 

8. 

(a) 

Inland  waterways  and  ports  for  inland-waterway  traffic  which  permit  the 
passage of vessels of over 1 350 tonnes; 

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20 

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(b)  Trading  ports,  piers  for  loading  and  unloading  connected  to  land  and  outside 
ports (excluding ferry piers) which can take vessels of over 1 350 tonnes. 

(cid:208) 97/11/EC Art. 1 pt. 15 and 
Annex (adapted) 

Waste  disposal  installations  for  the  incineration,  chemical  treatment  as  defined  in 
Annex ⌦ I ⌫ to Directive ⌦ 2008/98/EC of the European Parliament and of the 
Council ⌫13  under  heading  D9,  or  landfill  of  hazardous  waste  ⌦ ,  as  defined  in 
point 2 of Article 3 of that Directive ⌫. 

Waste disposal installations for the incineration or chemical treatment as defined in 
Annex ⌦ I ⌫ to Directive ⌦ 2008/98/EC ⌫ under heading D9 of non-hazardous 
waste with a capacity exceeding 100 tonnes per day. 

(cid:208) 97/11/EC Art. 1 pt. 15 and 
Annex 

Groundwater  abstraction  or  artificial  groundwater  recharge  schemes  where  the 
annual  volume  of  water  abstracted  or  recharged  is  equivalent  to  or  exceeds  10 
million cubic metres. 

(a)  Works  for  the  transfer  of  water  resources  between  river  basins  where  this 
transfer aims at preventing possible shortages of water and where the amount 
of water transferred exceeds 100 million cubic metres/year; 

(b) 

In  all  other  cases,  works  for  the  transfer  of  water  resources  between  river 
basins where the multi-annual average flow of the basin of abstraction exceeds 
2  000  million  cubic  metres/year  and  where  the  amount  of  water  transferred 
exceeds 5 % of this flow. 

In both cases transfers of piped drinking water are excluded. 

Waste  water  treatment  plants  with  a  capacity  exceeding  150 000  population 
equivalent as defined in point 6 of Article 2 of Council Directive 91/271/EEC14. 

Extraction of petroleum and natural gas for commercial purposes where the amount 
extracted exceeds 500 tonnes/day in the case of petroleum and 500 000 m3/day in the 
case of gas. 

Dams and other installations designed for the holding back or permanent storage of 
water,  where  a  new  or  additional  amount  of  water  held  back  or  stored  exceeds 
10 million cubic metres. 

9. 

10. 

11. 

12. 

13. 

14. 

15. 

13 
14 

OJ L ⌦ 312, 22.11.2008, p. 3 ⌫. 
OJ L 135, 30.5.1991, p. 40. 

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(cid:208) 2009/31/EC Art. 31 pt. 1(a) 
(adapted) 

16. 

Pipelines with a diameter of more than 800 mm and a length of more than 40 km: 

(a) 

for the transport of gas, oil, chemicals; 

(b) 

for the transport of carbon dioxide (CO2) streams for the purposes of geological 
storage, including associated booster stations. 

17. 

Installations for the intensive rearing of poultry or pigs with more than: 

(cid:208) 97/11/EC Art. 1 pt. 15 and 
Annex 

(a) 

85 000 places for broilers, 60 000 places for hens; 

(b)  3 000 places for production pigs (over 30 kg); or 

(c) 

900 places for sows. 

18. 

Industrial plants for the production of : 

(a) 

pulp from timber or similar fibrous materials; 

19. 

20. 

21. 

22. 

23. 

(b)  paper and board with a production capacity exceeding 200 tonnes per day. 

Quarries and open-cast mining where the surface of the site exceeds 25 hectares, or 
peat extraction, where the surface of the site exceeds 150 hectares. 

Construction  of  overhead  electrical  power  lines  with  a  voltage  of  220  kV  or  more 
and a length of more than 15 km. 

Installations  for  storage  of  petroleum,  petrochemical,  or  chemical  products  with  a 
capacity of 200 000 tonnes or more. 

(cid:208) 2009/31/EC Art. 31 pt. 1(b) 
(adapted) 

Storage  sites  pursuant  to  Directive  2009/31/EC  of  the  European  Parliament  and  of 
the Council15. 

Installations  for  the  capture  of  CO2  streams  for  the  purposes  of  geological  storage 
pursuant to Directive 2009/31/EC from installations covered by this Annex, or where 
the total yearly capture of CO2 is 1,5 megatonnes or more. 

15 

OJ L 140, 5.6.2009, p. 114. 

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22 

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24. 

Any change to or extension of projects listed in this Annex where such a change or 
extension in itself meets the thresholds, if any, set out in this Annex. 

(cid:208) 2003/35/EC Art. 3 pt. 8 

_____________ 

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23 

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(cid:208) 97/11/EC Art. 1 pt. 15 and 
Annex (adapted) 

ANNEX II 

PROJECTS ⌦ REFERRED ⌫ TO ⌦ IN ⌫ ARTICLE 4(2) 

(cid:208) 97/11/EC Art. 1 pt. 15 and 
Annex 

1. 

AGRICULTURE, SILVICULTURE AND AQUACULTURE 

(a)  Projects for the restructuring of rural land holdings; 

(b)  Projects  for  the  use  of  uncultivated  land  or  semi-natural  areas  for  intensive 

agricultural purposes; 

(c)  Water  management  projects  for  agriculture,  including  irrigation  and  land 

drainage projects; 

(d) 

Initial afforestation and deforestation for the purposes of conversion to another 
type of land use; 

(e) 

Intensive livestock installations (projects not included in Annex I); 

(f) 

Intensive fish farming; 

(g)  Reclamation of land from the sea. 

2. 

EXTRACTIVE INDUSTRY 

(a)  Quarries,  open-cast  mining  and  peat  extraction  (projects  not  included  in 

Annex I); 

(b)  Underground mining; 

(c)  Extraction of minerals by marine or fluvial dredging; 

(d)  Deep drillings, in particular: 

(i) 

geothermal drilling, 

(ii)  drilling for the storage of nuclear waste material, 

(iii)  drilling for water supplies, 

with the exception of drillings for investigating the stability of the soil; 

(e)  Surface industrial installations for the extraction of coal, petroleum, natural gas 

and ores, as well as bituminous shale. 

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3. 

ENERGY INDUSTRY 

(a) 

(b) 

Industrial  installations  for  the  production  of  electricity,  steam  and  hot  water 
(projects not included in Annex I); 

Industrial  installations  for  carrying  gas,  steam  and  hot  water;  transmission  of 
electrical energy by overhead cables (projects not included in Annex I); 

(c)  Surface storage of natural gas; 

(d)  Underground storage of combustible gases; 

(e)  Surface storage of fossil fuels; 

(f) 

Industrial briquetting of coal and lignite; 

(g) 

Installations  for  the  processing  and  storage  of  radioactive  waste  (unless 
included in Annex I); 

(h) 

Installations for hydroelectric energy production; 

(i) 

Installations  for  the  harnessing  of  wind  power  for  energy  production  (wind 
farms); 

(j) 

Installations  for  the  capture  of  CO2  streams  for  the  purposes  of  geological 
storage  pursuant  to  Directive  2009/31/EC  from  installations  not  covered  by 
Annex I to this Directive. 

(cid:208) 2009/31/EC Art. 31 pt. 2(a) 

(cid:208) 97/11/EC Art. 1 pt. 15 and 
Annex 

4. 

PRODUCTION AND PROCESSING OF METALS 

(a) 

Installations  for  the  production  of  pig  iron  or  steel  (primary  or  secondary 
fusion) including continuous casting; 

(b) 

Installations for the processing of ferrous metals: 

(i) 

hot-rolling mills, 

(ii) 

smitheries with hammers, 

(iii)  application of protective fused metal coats; 

(c)  Ferrous metal foundries; 

(d) 

Installations  for  the  smelting,  including  the  alloyage,  of  non-ferrous  metals, 
excluding  precious  metals,  including  recovered  products  (refining,  foundry 
casting, etc.); 

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25 

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(e) 

Installations  for  surface  treatment  of  metals  and  plastic  materials  using  an 
electrolytic or chemical process; 

(f)  Manufacture  and  assembly  of  motor  vehicles  and  manufacture  of  motor-

vehicle engines; 

(g)  Shipyards; 

(h) 

Installations for the construction and repair of aircraft; 

(i)  Manufacture of railway equipment; 

(j) 

Swaging by explosives; 

(k) 

Installations for the roasting and sintering of metallic ores. 

5. 

MINERAL INDUSTRY 

(a)  Coke ovens (dry coal distillation); 

(b) 

Installations for the manufacture of cement; 

(c) 

Installations  for  the  production  of  asbestos  and  the  manufacture  of  asbestos-
products (projects not included in Annex I); 

(d) 

Installations for the manufacture of glass including glass fibre; 

(e) 

Installations  for  smelting  mineral  substances  including  the  production  of 
mineral fibres; 

(f)  Manufacture of ceramic products by burning, in particular roofing tiles, bricks, 

refractory bricks, tiles, stoneware or porcelain. 

6. 

CHEMICAL INDUSTRY (PROJECTS NOT INCLUDED IN ANNEX I) 

(a)  Treatment of intermediate products and production of chemicals; 

(b)  Production  of  pesticides  and  pharmaceutical  products,  paint  and  varnishes, 

elastomers and peroxides; 

(c)  Storage facilities for petroleum, petrochemical and chemical products. 

7. 

FOOD INDUSTRY 

(a)  Manufacture of vegetable and animal oils and fats; 

(b)  Packing and canning of animal and vegetable products; 

(c)  Manufacture of dairy products; 

(d)  Brewing and malting; 

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(e)  Confectionery and syrup manufacture; 

(f) 

Installations for the slaughter of animals; 

(g) 

Industrial starch manufacturing installations; 

(h)  Fish-meal and fish-oil factories; 

(i) 

Sugar factories. 

8. 

TEXTILE, LEATHER, WOOD AND PAPER INDUSTRIES 

(a) 

Industrial plants for the production of paper and board (projects not included in 
Annex I); 

(b)  Plants  for 

the  pretreatment  (operations  such  as  washing,  bleaching, 

mercerisation) or dyeing of fibres or textiles; 

(c)  Plants for the tanning of hides and skins; 

(d)  Cellulose-processing and production installations. 

9. 

RUBBER INDUSTRY 

Manufacture and treatment of elastomer-based products. 

10. 

INFRASTRUCTURE PROJECTS 

(a) 

Industrial estate development projects; 

(b)  Urban  development  projects,  including  the  construction  of  shopping  centres 

and car parks; 

(c)  Construction  of  railways  and  intermodal  transshipment  facilities,  and  of 

intermodal terminals (projects not included in Annex I); 

(d)  Construction of airfields (projects not included in Annex I); 

(e)  Construction  of  roads,  harbours  and  port  installations,  including  fishing 

harbours (projects not included in Annex I); 

(f) 

Inland-waterway construction not included in Annex I, canalisation and flood-
relief works; 

(g)  Dams and other installations designed to hold water or store it on a long-term 

basis (projects not included in Annex I); 

(h)  Tramways, elevated and underground railways, suspended lines or similar lines 
of a particular type, used exclusively or mainly for passenger transport; 

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(i)  Oil and gas pipeline installations and pipelines for the transport of CO2 streams 
for the purposes of geological storage (projects not included in Annex I); 

(cid:208) 2009/31/EC Art. 31 pt. 2(b) 

(cid:208) 97/11/EC Art. 1 pt. 15 and 
Annex 

(j) 

Installations of long-distance aqueducts; 

(k)  Coastal  work  to  combat  erosion  and  maritime  works  capable  of  altering  the 
coast through the construction, for example, of dykes, moles, jetties and other 
sea  defence  works,  excluding  the  maintenance  and  reconstruction  of  such 
works; 

(l)  Groundwater  abstraction  and  artificial  groundwater  recharge  schemes  not 

included in Annex I; 

(m)  Works for the transfer of water resources between river basins not included in 

Annex I. 

11. 

OTHER PROJECTS 

(a)  Permanent racing and test tracks for motorised vehicles; 

(b) 

Installations for the disposal of waste (projects not included in Annex I); 

(c)  Waste-water treatment plants (projects not included in Annex I); 

(d)  Sludge-deposition sites; 

(e)  Storage of scrap iron, including scrap vehicles; 

(f)  Test benches for engines, turbines or reactors; 

(g) 

Installations for the manufacture of artificial mineral fibres; 

(h) 

Installations for the recovery or destruction of explosive substances; 

(i)  Knackers' yards. 

12. 

TOURISM AND LEISURE 

(a)  Ski-runs, ski-lifts and cable-cars and associated developments; 

(b)  Marinas; 

(c)  Holiday  villages  and  hotel  complexes  outside  urban  areas  and  associated 

developments; 

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(d)  Permanent camp sites and caravan sites; 

(e)  Theme parks. 

(cid:208) 97/11/EC Art. 1 pt. 15 and 
Annex (adapted) 
(cid:206)1 2003/35/EC Art. 3 pt. 9 

13. 

(a)  Any  change  or  extension  of  projects  listed  in  Annex  I  or  ⌦ this ⌫  Annex, 
already  authorised,  executed  or  in  the  process  of  being  executed,  which  may 
have  significant  adverse  effects  on  the  environment  (cid:206)1 (change  or  extension 
not included in Annex I) ; 

(cid:208) 97/11/EC Art. 1 pt. 15 and 
Annex 

(b)  Projects in Annex I, undertaken exclusively or mainly for the development and 
testing of new methods or products and not used for more than two years. 

_____________ 

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ANNEX III 

SELECTION CRITERIA REFERRED TO IN ARTICLE 4(3) 

1. 

CHARACTERISTICS OF PROJECTS 

The characteristics of projects must be considered having regard, in particular, to: 

(a) 

the size of the project; 

(b) 

the cumulation with other projects; 

(c) 

the use of natural resources; 

(d) 

the production of waste; 

(e) 

pollution and nuisances; 

(f) 

the risk of accidents, having regard in particular to substances or technologies 
used. 

2. 

LOCATION OF PROJECTS 

The environmental sensitivity of geographical areas likely to be affected by projects 
must be considered, having regard, in particular, to: 

(a) 

the existing land use; 

(b) 

(c) 

the  relative  abundance,  quality  and  regenerative  capacity  of  natural  resources 
in the area; 

the absorption capacity of the natural environment, paying particular attention 
to the following areas: 

(i)  wetlands, 

(ii) 

coastal zones, 

(iii)  mountain and forest areas, 

(iv)  nature reserves and parks, 

(v) 

areas  classified  or  protected  under  Member  States'  legislation;  special 
protection  areas  designated  by  Member  States  pursuant  to  Directive 

(cid:208) 97/11/EC Art. 1 pt. 15 and 
Annex (adapted) 

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⌦ 2009/147/EC  of  the  European  Parliament  and  of  the  Council16 ⌫ 
and ⌦ to Council Directive ⌫ 92/43/EEC ⌦ 17 ⌫, 

(vi)  areas  in  which  the  environmental  quality  standards  laid  down  in 

⌦ Union ⌫ legislation have already been exceeded, 

(cid:208) 97/11/EC Art. 1 pt. 15 and 
Annex 

(vii)  densely populated areas, 

(viii)  landscapes of historical, cultural or archaeological significance. 

3. 

CHARACTERISTICS OF THE POTENTIAL IMPACT 

(cid:208) 97/11/EC Art. 1 pt. 15 and 
Annex (adapted) 

The potential significant effects of projects must be considered in relation to criteria 
set out in points 1 and 2, and having regard in particular to: 

(a) 

the extent of the impact (geographical area and size of the affected population); 

(cid:208) 97/11/EC Art. 1 pt. 15 and 
Annex 

(b) 

the transfrontier nature of the impact; 

(c) 

the magnitude and complexity of the impact; 

(d) 

the probability of the impact; 

(e) 

the duration, frequency and reversibility of the impact. 

_____________ 

16 
17 

OJ L 20, 26.1.2010, p. 7. 
OJ L 206, 22.7.1992, p. 7. 

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ANNEX IV 

INFORMATION REFERRED TO IN ARTICLE 5(1) 

1. 

Description of the project, including in particular: 

(a) 

(b) 

(c) 

a description of the physical characteristics of the whole project and the land-
use requirements during the construction and operational phases; 

a  description  of  the  main  characteristics  of  the  production  processes,  for 
instance, the nature and quantity of the materials used; 

an estimate, by type and quantity, of expected residues and emissions (water, 
air and soil pollution, noise, vibration, light, heat, radiation, etc.) resulting from 
the operation of the proposed project. 

An outline of the main alternatives studied by the developer and an indication of the 
main reasons for this choice, taking into account the environmental effects. 

A description of the aspects of the environment likely to be significantly affected by 
the proposed project, including, in particular, population, fauna, flora, soil, water, air, 
climatic  factors,  material  assets,  including  the  architectural  and  archaeological 
heritage, landscape and the inter-relationship between the above factors. 

A  description  of  the  likely  significant  effects  of  the  proposed  project  on  the 
environment resulting from: 

(a) 

the existence of the project; 

(b) 

the use of natural resources; 

(c) 

the  emission  of  pollutants,  the  creation  of  nuisances  and  the  elimination  of 
waste. 

This  description  should  cover  the  direct  effects  and  any  indirect,  secondary, 
cumulative,  short,  medium  and  long-term,  permanent  and  temporary,  positive  and 
negative effects of the project. 

The description by the developer of the forecasting methods used to assess the effects 
on the environment ⌦ referred to in point 4 ⌫. 

(cid:208) 97/11/EC Art. 1 pt. 15 and 
Annex (adapted) 

(cid:208) 97/11/EC Art. 1 pt. 15 and 
Annex 

A description of the measures envisaged to prevent, reduce and where possible offset 
any significant adverse effects on the environment. 

A non-technical summary of the information provided under headings 1 to 6. 

2. 

3. 

4. 

5. 

6. 

7. 

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8. 

An  indication  of  any  difficulties  (technical  deficiencies  or  lack  of  know-how) 
encountered by the developer in compiling the required information. 

_____________ 

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(cid:207) 

ANNEX V 

Part A 

Repealed Directive with list of its successive amendments 
(referred to in Article 14) 

Council Directive 85/337/EEC 
(OJ L 175, 5.7.1985, p. 40) 

Council Directive 97/11/EC 
(OJ L 73, 14.3.1997, p. 5) 

Directive 2003/35/EC of the European Parliament 
and of the Council 
(OJ L 156, 25.6.2003, p. 17) 

Article 3 only 

Directive 2009/31/EC of the European Parliament 
and of the Council 
(OJ L 140, 5.6.2009, p. 114) 

Article 31 only 

Part B 

List of time-limits for transposition into national law 
(referred to in Article 14) 

Directive 

Time-limit for transposition 

85/337/EEC 

97/11/EC 

2003/35/EC 

2009/31/EC 

3 July 1988 

14 March 1999 

25 June 2005 

25 June 2011 

_____________ 

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ANNEX VI 

CORRELATION TABLE 

Directive 85/337/EEC 

This Directive 

Article 1(1) 

Article 1(1) 

Article 1(2), first subparagraph 

Article 1(2), introductory words 

Article 
introductory words  

1(2), 

second 

subparagraph, 

Article 1(2)(a), introductory words 

Article 1(2), second subparagraph, first indent  Article 1(2)(a), first indent  

Article  1(2),  second  subparagraph,  second 
indent 

Article 1(2)(a), second indent 

Article 1(2), third subparagraph 

Article 1(2)(b) 

Article 1(2), fourth subparagraph 

Article 1(2)(c) 

Article 1(2), fifth subparagraph 

Article 1(2)(d) 

Article 1(2), sixth subparagraph 

Article 1(2)(e) 

Article 1(3) 

Article 1(4) 

Article 1(5) 

Article 2(1) 

Article 2(2) 

Article 2(2a) 

Article 2(3) 

Article 1(2)(f) 

Article 1(3) 

Article 1(4) 

Article 2(1) 

Article 2(2) 

Article 2(3) 

Article 2(4) 

Article 3, introductory part 

Article 3, introductory part 

Article 3, first indent 

Article 3, second indent 

Article 3, third indent 

Article 3, fourth indent 

Article 4  

Article 3(a) 

Article 3(b)  

Article 3(c) 

Article 3(d)  

Article 4 

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Article 5(1) 

Article 5(2) 

Article 5(1) 

Article 5(2) 

Article 5(3), introductory words 

Article 5(3), introductory words 

Article 5(3), first indent  

Article 5(3), second indent 

Article 5(3), third indent 

Article 5(3), fourth indent 

Article 5(3), fifth indent 

Article 5(4) 

Article 6 

Article 7(1), introductory part 

Article 7(1)(a) 

Article 7(1)(b) 

Article 5(3)(a) 

Article 5(3)(b) 

Article 5(3)(c) 

Article 5(3)(d) 

Article 5(3)(e) 

Article 5(4) 

Article 6 

Article  7(1),  first  subparagraph,  introductory 
part 

Article 7(1), first subparagraph, point (a) 

Article 7(1), first subparagraph, point (b) 

Article 7(1), final part 

Article 7(1), second subparagraph 

Article 7(2)-7(5) 

Article 8 

Article 7(2)-7(5) 

Article 8 

Article 9(1), introductory part 

Article 9, introductory part 

Article 9(1), first indent 

Article 9(1), second indent 

Article 9(1), third indent 

Article 9(2) 

Article 10 

Article 10a, first paragraph 

Article 10a, second paragraph 

Article 10a, third paragraph 

Article 9(1)(a) 

Article 9(1)(b) 

Article 9(1)(c) 

Article 9(2) 

Article 10 

Article 11(1) 

Article 11(2) 

Article 11(3) 

Article 10a, fourth and fifth paragraphs 

Article 11(4), first and second subparagraphs 

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Article 10a, sixth paragraph 

Article 11(1) 

Article 11(2) 

Article 11(3) 

Article 11(4) 

Article 12(1) 

Article 12(2) 

_____ 

_____ 

Article 14 

Article 11(5) 

Article 12(1) 

Article 12(2) 

_____ 

Article 12(3) 

_____ 

Article 13 

Article 14 

Article 15 

Article 16 

Annex I, point 1 

Annex I, point 1 

Annex I, point 2, first indent 

Annex I, point 2(a) 

Annex I, point 2, second indent 

Annex I, point 2(b) 

Annex I, point 3(a) 

Annex I, point 3(a) 

Annex I, point 3(b), introductory words 

Annex I, point 3(b), introductory words 

Annex I, point 3(b), first indent 

Annex I, point 3(b)(i) 

Annex I, point 3(b), second indent 

Annex I, point 3(b)(ii) 

Annex I, point 3(b), third indent 

Annex I, point 3(b)(iii) 

Annex I, point 3(b), fourth indent 

Annex I, point 3(b)(iv) 

Annex I, point 3(b), fifth indent 

Annex I, point 3(b)(v) 

Annex I, point 4, first indent 

Annex I, point 4(a) 

Annex I, point 4, second indent 

Annex I, point 4(b) 

Annex I, point 5 

Annex I, point 5 

Annex I, point 6, introductory part 

Annex I, point 6, introductory part 

Annex I, point 6(i) 

Annex I, point 6(ii) 

Annex I, point 6(iii) 

Annex I, point 6(a) 

Annex I, point 6(b) 

Annex I, point 6(c) 

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Annex I, point 6(iv) 

Annex I, point 6(v) 

Annex I, point 6(vi) 

Annex I, point 7(a) 

Annex I, point 6(d) 

Annex I, point 6(e) 

Annex I, point 6(f) 

Annex I, point 7(a), first subparagraph 

Annex I, point 7(a), footnote 

Annex I, point 7(a), second subparagraph 

Annex I, point 7(b) 

Annex I, point 7(b), first subparagraph 

Annex I, point 7(b), footnote 

Annex I, point 7(b), second subparagraph 

Annex I, point 7(c) 

Annex I, points 8-15 

Annex I, point 7(c) 

Annex I, points 8-15 

Annex I, point 16, introductory words 

Annex I, point 16, introductory words 

Annex I, point 16, first indent  

Annex I, point 16(a) 

Annex I, point 16, second indent 

Annex I, point 16(b) 

Annex I, points 17-21 

Annex I, points 17-21 

Annex I, point 22 

Annex I, point 23 

Annex I, point 24 

Annex II, point 1 

Annex I, point 24 

Annex I, point 22 

Annex I, point 23 

Annex II, point 1 

Annex II, point 2(a), (b) and (c) 

Annex II, point 2(a), (b) and (c) 

Annex II, point 2(d), introductory words  

Annex II, point 2(d), introductory words 

Annex II, point 2(d), first indent  

Annex II, point 2(d)(i) 

Annex II, point 2(d), second indent 

Annex II, point 2(d)(ii) 

Annex II, point 2(d), third indent 

Annex II, point 2(d)(iii) 

Annex II, point 2(d), final words 

Annex II, point 2(d), final words 

Annex II, point 2(e) 

Annex II, point 2(e) 

Annex II, points 3-12 

Annex II, points 3-12 

Annex II, point 13, first indent 

Annex II, point 13(a) 

Annex II, point 13, second indent 

Annex II, point 13(b) 

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Annex III, point 1, introductory words 

Annex III, point 1, introductory words 

Annex III, point 1, first indent 

Annex III, point 1(a)  

Annex III, point 1, second indent 

Annex III, point 1(b) 

Annex III, point 1, third indent 

Annex III, point 1(c) 

Annex III, point 1, fourth indent 

Annex III, point 1(d) 

Annex III, point 1, fifth indent 

Annex III, point 1(e) 

Annex III, point 1, sixth indent 

Annex III, point 1(f) 

Annex III, point 2, introductory words 

Annex III, point 2, introductory words 

Annex III, point 2, first indent 

Annex III, point 2(a) 

Annex III, point 2, second indent 

Annex III, point 2(b) 

Annex  III,  point  2,  third  indent,  introductory 
words 

Annex III, point 2(c), introductory words 

Annex III, point 2, third indent, point (a) 

Annex III, point 2(c)(i) 

Annex III, point 2, third indent, point (b) 

Annex III, point 2(c)(ii) 

Annex III, point 2, third indent, point (c) 

Annex III, point 2(c)(iii) 

Annex III, point 2, third indent, point (d) 

Annex III, point 2(c)(iv) 

Annex III, point 2, third indent, point (e) 

Annex III, point 2(c)(v) 

Annex III, point 2, third indent, point (f) 

Annex III, point 2(c)(vi) 

Annex III, point 2, third indent, point (g) 

Annex III, point 2(c)(vii) 

Annex III, point 2, third indent, point (h) 

Annex III, point 2(c)(viii) 

Annex III, point 3, introductory words 

Annex III, point 3, introductory words 

Annex III, point 3, first indent 

Annex III, point 3(a) 

Annex III, point 3, second indent 

Annex III, point 3(b) 

Annex III, point 3, third indent 

Annex III, point 3(c) 

Annex III, point 3, fourth indent 

Annex III, point 3(d) 

Annex III, point 3, fifth indent 

Annex III, point 3(e) 

Annex IV, point 1, introductory words 

Annex IV, point 1, introductory words 

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Annex IV, point 1, first indent 

Annex IV, point 1(a) 

Annex IV, point 1, second indent 

Annex IV, point 1(b) 

Annex IV, point 1, third indent 

Annex IV, point 1(c) 

Annex IV, points 2 and 3 

Annex IV, points 2 and 3 

Annex IV, point 4, introductory words 

Annex IV, point 4, first indent 

Annex IV, point 4, second indent 

Annex IV, point 4, third indent 

Annex  IV,  point  4,  first  subparagraph, 
introductory words 

Annex  IV,  point  4,  first  subparagraph,  point 
(a) 

Annex  IV,  point  4,  first  subparagraph,  point 
(b) 

Annex  IV,  point  4,  first  subparagraph,  point 
(c) 

Annex IV, footnote 

Annex IV, point 4, second subparagraph 

Annex IV, point 4, final part 

Annex IV, point 5 

Annex IV, point 5 

Annex IV, point 6 

Annex IV, point 7 

_____ 

_____ 

Annex IV, point 6 

Annex IV, point 7 

Annex IV, point 8 

Annex V 

Annex VI 

_____________ 

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