CELEX: 51996PC0723
Language: en
Date: 1997-01-09
Title: 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

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)
 ---pagebreak---  ---pagebreak---                             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
 ---pagebreak--- 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
 impacts. However the reference to "overhead" should be kept because underground
 electrical power lines do not always have significant environmental impacts.
 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.
 ---pagebreak---                             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
                                                    ermrorftTSftt shajl te based on the
                                                    precautionary principle and on the
                                                    principles that p r e v e n t       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 information gathered pursuant to
                                                     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                4. The Member States concerned shall
 enter into consultations regarding, inter            enter into consultations regarding, inter
 alia, the potential transboundary effects of         alia, the potential transboundary effects of
 the project and the measures envisaged to            the project and the measures envisaged to
 reduce or eliminate such effects.                    reduce or eliminate such effects and shall
                                                      set a reasonable time limit for the length of
                                                      the consultation period.
 ---pagebreak---                                      ARTICLE 3(1)
1. Member States shall bring into force the      1. Member States shall bring into force the
laws, regulations and administrative             laws, regulations and administrative
provisions necessary to comply with mis          provisions necessary to comply with this
Directive by 31 December 1997 at the             Directive within one year from its
latest. They shall forthwith inform the          publication. They shall forthwith inform
Commission thereof.                              the Commission thereof.
                                        ARTICLE 3(2)
2. If a request for development consent is        2. If a request for development consent is
 submitted to a competent authority before        submitted to a competent authority before
 1 January 1998. the provisions of Directive      the end of the time limit laid down in
 85/337/EEC prior to these amendments             paragraph 1. the provisions of Directive
 shall continue to apply.                         85/337/EEC prior to these amendments
                                                  shall continue to apply.
                                        ANNEX I (20)
 20. Construction of overhead electrical           20. Construction of overhead electrical
 power lines with a voltage of 22fLkV or          power lines with a voltage of 220 kV or
  more and a length of more than 15 km.            more.
                                        ANNEX IV (2)
                             Annex HI (2) Directive 85/337/EEC
  2. An outline of the main alternatives           2. An outline of the main alternatives
  studied by the developer and an indication       studied by the developer, including the
  of the main reasons for his choice, taking       most environrnent-friendly alternative, and
  into account the environmental effects.          an indication of the main reasons for his
                                                   choice, taking into account the
                                                   environmental effects.
 ---pagebreak---  ---pagebreak---                                                                   ISSN 0254-1475
                                                           COM(96) 723 final
                                             DOCUMENTS
EN                                                                            14
                                    Catalogue number : CB-CO-96-735-EN-C
                                                             ISBN 92-78-14149-6
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