CELEX: 51980PC0313
Language: en
Date: 1980-06-11
Title: Proposal for a Council Directive concerning the assessment of the environmental effects of certain public and private projects

No C 169/14                             Official Journal of the European Communities                               9.7.80
               Proposal for a Council Directive concerning the assessment of the environmental effects
                                           of certain public and private projects
                              (Submitted by the Commission to the Council on 16 June 1980)
 THE COUNCIL OF THE EUROPEAN                                      assessment of environmental effects should be
 COMMUNITIES,                                                     introduced, with a view to improving good
                                                                 management of planning procedure governing private
 Having regard to the Treaty establishing the                    and public activities likely to have significant effects
 European Economic Community and in particular to                on the environment: in particular, planning and
Article 100 thereof,                                             decision-making with respect to individual projects,
                                                                 land use plans, regional development programmes,
                                                                 economic programmes including those in particular
 Having regard to the proposal from the Commission,              sectors;
Having regard to the opinion of the European Par-
                                                                 Whereas, however, it is appropriate to introduce
liament,
                                                                 principles of assessment step by step in order to avoid
                                                                 an excessive burden on administrations;
Having regard to the opinion of the Economic and
Social Committee,                                                Whereas priority has to be given, as a first step, to the
                                                                 introduction of assessment principles in planning and
Whereas the 1973 and 1977 Action Programmes of                   decision-making procedures for allowing projects, in
the European Communities on the Environment (')                  view of the urgency of preventing the most significant
                                                                 negative effects, and because the availability in all
provide that 'the best environmental policy is
                                                                 Member States of procedures for the control of
preventing the creation of pollution or nuisances at
                                                                 projects permits the introduction of assessment
source rather than subsequently trying to counteract
                                                                 principles without requiring the creation of new pro-
their effects'; whereas they affirm that 'effects on the
                                                                 cedures;
environment should be taken into account at the
earliest possible stage in all the technical planning and
decision-making processes' and that 'it is therefore             Whereas to this effect planning permission for
necessary to evaluate the effects on the quality of life         projects which are likely to have significant effects on
and on the natural environment of any measure that               the environment should be granted only after an
is adopted or contemplated at national or Community              appropriate prior assessment of the likely significant
level';                                                          environmental effects of these projects has been
                                                                 carried out; and whereas, therefore, competent auth-
Whereas the 1977 Action Programme acknowledges                   orities and developers should cooperate in order to
(2) that 'the application at the appropriate                     provide the appropriate information on the possible
administrative levels of procedures for assessing                range of environmental effects of the envisaged
environmental impact meets the need to implement                 project, as well as on the reasonable alternatives to it;
the objectives and principles laid down in the 1973
Action Programme'; and whereas it envisages the
submission by the Commission to the Council of
                                                                 Whereas, moreover, over the last few years Member
proposals on environmental impact assessment;
                                                                 States have adopted a considerable body of laws and
                                                                 regulations in the general field of environmental
Whereas it is desirable that there should be a                   protection and a number of them specifically in the
harmonious development of economic activities while              field of the assessment of environmental effects;
ensuring that full account is taken of the effects on
the environment;
                                                                 Whereas a significant disparity between measures in
                                                                 force in the various Member States with regard to the
Whereas to this end, and in accordance with the
                                                                 assessment of environmental effects may create unfav-
Action Programme, general principles for the
                                                                 ourable competitive conditions and thereby directly
                                                                 affect the functioning of the common market and
                                                                 whereas, therefore, it is necessary to undertake the
(') OJ No C 122, 20. 12. 1973 and C 139, 13. 6. 1977.            approximation of national laws in this field pursuant
(2) OJ No C 139, 13. 6. 1977, Title IV, Chapter 1                to Article 100 of the Treaty;
 ---pagebreak--- 9.7.80                           Official Journal of the European Communities                              N o C 169/15
Whereas, therefore, the general principles of                 (b) to make a substantial change in the use of
assessment should be harmonized, as regards in                     buildings, installations or facilities;
particular the main obligations of the developers, the
projects which should be submitted to the assessment,         (c) to extend or modify mineral workings;
the content of the assessment and the environmental
features which ought to be taken into consideration           project means either a development project or a
in an assessment;                                             modification project;
                                                              competent authority means the authority or the auth-
Whereas such assessment is a comprehensive process            orities responsible in each Member State for
and requires that the whole range of relevant sectorial       executing the tasks set out in the present Directive in
environmental effects be taken into account; and              respect of a given project;
whereas, to this end, it is necessary that all statutory
bodies which carry a sectorial or an overall                  developer means the applicant for planning permission
responsibility for environmental matters are properly         for a private project or the public authority which
consulted during the assessment process;                      proposes a project;
                                                              planning permission means the decision of the
Whereas the public at large has a basic interest in the       competent authority to permit a project in the private
correct assessment of the likely environmental effects;       sector or the corresponding decision to proceed in the
whereas it can supply essential information to the            case of a project in the public sector;
competent authorities, and whereas it can therefore,
the competent authorities should see that the public is
given the opportunity to make its views known so
                                                                                        Article 2
that due account is taken of them in the assessment
process;
                                                              Member States shall adopt all necessary measures to
                                                              ensure that, before any planning permission is given,
Whereas it appears necessary, where important trans-          projects likely to have a significant effect on the
frontier effects of a project might arise, to extend          environment by virtue of their nature, size and/or
consultations to competent authorities of other               location are made subject to an appropriate
Member States, thus assuring equality of treatment of         assessment of these effects, in accordance with the
projects located in frontier regions with those in other      following Articles.
regions,
                                                                                        Article 3
HAS ADOPTED THIS DIRECTIVE:                                   (1)     The assessment provided for in Article 2 shall
                                                              consider the effects of projects on
                                                              — water, air, soil, climate, flora, fauna and their
                          Article 1                                interrelationships;
                                                              — the built-up environment, including the archi-
(1)    This Directive shall apply to the assessment of             tectural heritage, and the landscape.
the environmental effects of those public and private
projects which are likely to have significant effects on       (2)    The effects on these resources shall be assessed
the environment.                                              by reference to the need to protect and improve
                                                               human health and living conditions as well as to
(2)     For the purposes of this Directive:                   preserve the long term productive capacities of the
                                                               resources.
 development project means a proposal:
 (a) to construct buildings, installations or facilities;                                Article 4
(b) to extract minerals;
                                                               (1)     Development projects of the classes listed in
(c) to make substantial changes in the landscape;              Annex 1 shall be made subject to an assessment in
                                                               accordance with Articles 6 to 11.
 modification project means a proposal:
                                                               For the purpose of excluding exceptional cases which
(a) to construct an extension or modification             of   are unlikely to have any significant effect on the
     buildings, installations or facilities;                   environment, the competent authority may, with the
 ---pagebreak--- N o C 169/16                            Official Journal of the European Communities                             9. 7. 80
agreement of the Commission, exempt a particular                — a description of the measures envisaged to
project below a specified threshold from the                         eliminate, reduce or compensate adverse effects
 assessment mentioned above and, where appropriate,                  on the environment;
 make it subject to a simplified form of assessment.
                                                                — a description of the relationship between the
                                                                     proposed project and existing environmental and
 (2)     Projects of the classes listed in Annex 2 and               land-use plans and standards for the area likely to
 modification projects of the classes listed in Annex 1              be affected;
 shall be made subject to an assessment in accordance
with Articles 6 to 11, whenever their characteristics so        — in the case of significant effects on the
 require.                                                            environment, an explanation of the reasons for
                                                                     the choice of the site and design of the proposed
The competent authority shall establish the criteria                 project, compared with reasonable alternative
 and thresholds necessary to determine which of those                solutions which might have less adverse effects, if
projects are to be made subject to an assessment in                  any, on the environment;
accordance with Articles 6 to 11 or, where appro-
priate, to a simplified form of assessment.                     — a non-technical summary of the items above.
 (3)     The competent authority shall examine which            (2)     The information to be supplied in accordance
projects other than those mentioned above are likely            with paragraph 1 shall also contain the data referred
to have a significant effect on the environment,                to in Annex 3 to the extent that they are relevant to
 having regard in particular to the environmental               the stage of the planning procedure and to the
sensitivity of the site of the projects with a view to          specific characteristics of the project and of the
determining which projects should be made subject to            environment likely to be affected, and to the extent
an assessment in accordance with Articles 6 to 11 or,           that the developer can reasonably be expected to be
where appropriate, to a simplified form of assessment.          able to obtain them, taking into account existing
                                                                knowledge and assessment methods.
                                                                (3)     At the appropriate stages of the planning
                                                                procedure, the competent authority shall require
                         Article 5
                                                                completion of, or assist in completing when appro-
                                                                priate, the information to be supplied by the
Member States shall inform the Commission of the                developer.
criteria and thresholds adopted for the selection of
projects referred to in Article 4 (2) and (3). The
Commission shall regularly review with Member                                            Article 7
States these criteria and thresholds, with a view to
ensuring consistency in the application of the                  (1)     The competent authority shall send for opinion
Directive.                                                      the application for a planning permission as well as
                                                                the information gathered pursuant to Article 6 to all
                                                                relevant administrative authorities and other statutory
                         Article 6                              authorities or bodies with specific responsibility for
                                                                environmental matters.
(1)     The Member States shall adopt the necessary             The competent authority shall determine the auth-
measures to ensure that the developer prepares, with            orities and bodies to be consulted and shall fix, where
the assistance of the competent authority when                  necessary, a suitable time limit within which
necessary, and supplies with his application for                comments shall, be delivered.
planning permission the following information in an
appropriate form:                     '                         (2)     If the project is likely to produce a significant
— a description of the proposed project and, where              effect on the environment in another Member State,
     applicable, of the reasonable alternatives for the         the competent authority shall also ensure that the
     site and design of the project;                             information gathered pursuant to Article 6 is sent for
                                                                comment to the competent authority in that Member
— a description of the environment likely to be                  State and fix a suitable time limit within which
     significantly affected by the proposed project,            comments should be returned.
     including where applicable, the environment in
     other Member States;
— an assessment of the likely significant effects on                                      Article 8
     the environment, including, where applicable,
     effects on the environment in other Member                 The competent authority shall publish the fact that
     States;                                                     the application for planning permission has been
 ---pagebreak--- 9.7.80                          Official Journal of the European Communities                          N o C 169/17
made, shall make publicly available the application for      — the conditions, if any, to be attached to the
planning permission, as well as the information                   planning permission.
gathered pursuant to Article 6, and shall arrange
appropriate consultation with the public concerned.
In the light of the importance of the likely environ-                                Article 11
mental effects and of the number of persons likely to
be affected, the competent authority shall decide the        The competent authority shall check periodically
best means for giving the information to the public          whether the conditions attached under Article 10 to a
within a suitable time limit and for ascertaining the        planning permission are being complied with, whether
views of the public.                                         they are still adequate, whether other provisions to
                                                             protect the environment are being obeyed and
                                                             whether it needs to take further measures to protect
                                                             the environment from the effects of the project.
                        Article 9
The provisions of Articles 7 and 8 do not affect the                                 Article 12
obligation of the competent authority to respect the
limitations imposed by national laws, regulations,           (1)     The Member States and the Commission shall
administrative provisions and accepted practices with        exchange information on experience in the field of
respect to industrial and commercial secrecy, as well        assessment of environmental effects, in particular on
as to the public interest;                                   the functioning of the procedures laid down in this
                                                             Directive and on the improvement of assessment
                                                             methods.
                        Article 10
                                                             (2)     Five years after the adoption of the present
                                                             Directive, the Commission shall send to the Council,
(1)    The competent authority in its decision on an         and to the European Parliament a report on the
application for planning permission shall take into          operation and effectiveness of the Directive, based on
consideration the information gathered pursuant to           this exchange of information.
Articles 6, 7 and 8, and shall, to that end, make an
assessment of the likely significant effects of the
proposed project.                                                                    Article 13
(2)    The competent authority, except when the              (1)     The Member States shall take the measures
planning permission is refused on grounds other than         necessary to comply with this Directive within two
environmental, shall make publicly available, either in      years of its notification.
a separate document or as part of the decision on
application for planning permission, the following:           (2)    The Member States shall communicate to the
— its assessment of the likely significant effects on        Commission the texts of the relevant national law
    the environment of the proposed project;                 which they adopt in the field governed by this
                                                              Directive.
— a synthesis of the main comments and opinions
    received pursuant to Articles 7 and 8;                                            Article 14
— the reasons for granting or refusing the planning
    permission;                                               This Directive is addressed to the Member States.
 ---pagebreak--- No C 169/18                                Official Journal of the European Communities                                       9.7.80
                                                               ANNEX       1
                            DEVELOPMENT PROJECTS (') REFERRED T O IN ARTICLE 4.1
            1. Extractive industry
                Extraction and briquetting of solid fuels (11)
                Extraction of bituminous shale (133)
               Extraction of ores containing fissionable and fertile material (151)
               Extraction and preparation of metalliferous ores (21)
           2. Energy industry
               Coke ovens (12)
               Petroleum refining (140.1)
               Production and processing of fissionable and fertile materials (152)
               Generation of electricity from nuclear energy (161.3)
               Coal gasification plants
               Disposal facilities for radioactive waste
           3. Production and preliminary processing of metals (220)
               Iron and steel industry, excluding integrated coke ovens (221)
               Cold rolling of steel (223)
               Production and primary processing of non-ferrous metals and ferro-alloys (224)
           4. Manufacture of non-metallic mineral products (24)
               Manufacture of cement (242.1)
               Manufacture of asbestos-cement products (243.1)
               Manufacture of blue asbestos
           5. Chemical industry (25)
               Petrochemical complexes for the production of olefins, define derivatives, bulk monomers and
               polymers
               Chemical complexes for the production of organic basic intermediates
               Complexes for the production of basic inorganic chemicals
           6. Metal manufacture (3)
               Foundries (311)
               Forging (312.11)
               Treatment and coating of metals (313.5)
               Manufacture of aeroplane and helicopter engines (364.1)
           (') Development projects are classified, as far as possible, in the classes, groups and sub-groups of the 'General
               Industrial Classification of Economic Activities' within the European Community adoptecf by the Statistical
               Office of the European Communities, 1970. Reference numbers of the classification are indicated, where
               applicable.
 ---pagebreak--- 9.7.80                         Official Journal of the European Communities                                               No C 169/19
       7. Food industry (41/42)
            Slaughter-houses (412.1)
            Manufacture and refining of sugar (420.1, 420.2)
            Manufacture of starch and starch products (418)
       8. Processing of rubber (48)
            Factories for the primary production of rubber
            Manufacture of rubber tyres (481.1)
       9. Building and civil engineering (50)
           Construction of motorways
           Intercity railways, including high speed tracks
           Airports
           Commercial harbours
           Construction of waterways for inland navigation
           Permanent motor and motorcyle racing tracks
           Installation of surface pipelines for long distance transport
                                                             ANNEX      2
                                             Projects (') referred to in Article 4.2
        1. Agriculture
            Projects of land reform
            Projects for cultivating natural areas and abondoned land
            Water management projects for agriculture (drainage, irrigation)
            Intensive livestock rearing units
            Major changes in management plans for important forest areas
        2. Extractive industry
            Extraction of petroleum (131)
            Extraction and purifying of natural gas (132)
            Other deep drillings
            Extraction of minerals other than metalliferous and energy-producing minerals (23)
        (') The projects are classified, as far as possible, in the classes, groups and sub-groups of the General Industrial
             Classification of Economic Activities' within the European Commun.ty adopted by the Statistical Ottice oi the
             European Communties, 1970. Reference numbers of the classification are indicated, where applicable.
 ---pagebreak--- N o C 169/20                             Official Journal of the European Communities
            3. Energy industry
               Research plants for the production and processing of fissionable and fertile material
               Production and distribution of electricity, gas, steam, and hot water (except the production of
               electricity from nuclear energy) (16)
               Storage of natural gas
            4. Production and preliminary processing of metals
               Manufacture of steel tubes (222)
               Drawing and cold folding of steel (223)
            5. Manufacture of glass fibres (247.5) glass wool and silicate wool
            6. Chemical industry
               Production and treatment of intermediate products and fine chemicals
               Production of pesticides and pharmaceutical products, paint and
               varnishes, elastomers and peroxides
               storage facilities for petroleum, petrochemical and chemical products
            7. Metal manufacture (3)
               Stamping, pressing (312.2)
               Secondary transformation treatment and coating of metals (313)
               Boilermaking, manufacture of reservoirs, tanks and other sheet-metal containers (315)
               Manufacture and assembly of motor vehicles (including road tractors) and manufacture of
               motor vehicle engines (351)
               Manufacture of other means of transport (36)
            8. Food industry (41/42)
               Manufacture of vegetable and animal oils and fats (411)
               Processing and conserving of meat (412.2)
               Manufacture of dairy products
               Brewing and malting (427)
               Fish-meal and fish-oil factories
            9. Textile, leather, wood, paper industry
               Wool washing and degreasing factories
               Tanning and dressing factories (441.1)
               Manufacture of veneer and plywood (462.1)
               Manufacture of fibre board and of particle board (462.2)
               Manufacture of pulp, paper and board (471)
               Cellulose mills
 ---pagebreak--- 9. 7. 80                      Official Journal of the European Communities                                    N o C 169/21
         10. Building and civil engineering (50)
             Major projects for industrial estates
             Major urban projects
             Major tourist installations
             Construction of roads, harbours, airfields
             River draining and flood relief works
             Hydroelectric and irrigation dams
             Impounding reservoirs
             Installations for the disposal of industrial and domestic waste
             Storage of scrap iron
         11. Modifications to development project included in Annex I
                                                         ANNEX     3
                                   Content of the information required under Article 6
         1. The description of the proposed project and, where applicable, of the reasonable alternatives for
            the site and design of the project, including in particular:
            — the description of the physical characteristics of the main and the associated proposed
                projects and the land-use requirements during the construction and operational phases
            — The description of the main characteristics of the production processes and the processing
                materials expected to be used (type and quantity), including water and energy
            — the forecast, by type and quantity, of the expected residual liquid, solid and gaseous
                pollutants, radiation, noise, vibration and odours, resulting from the operation of the
                proposed project
            — the envisaged contribution to employment, temporary and permanent
            — the outline of the main alternatives as to the site or the design of the proposed project, which
                can reasonably be envisaged
         2. The description of the environment likely to be significantly affected by the proposed project,
            including, in particular, water, air, soil, climate, flora and fauna, the built-up environment and
            the landscape, taking into account the existing use of these resources
         3. The assessment of the likely significant effects of the proposed project on the environment (direct
            and indirect, cumulative, short-, medium- and long-term, permanent and temporary, positive and
            negative) resulting from:
            — the physical presence of the main and associated projects
            — the use of the resources of the environment
            — the emission of pollutions, nuisances and waste, as well as the secondary effects linked to
                their elimination
            — the risk of accidents
 ---pagebreak--- No C 169/22                               Official Journal of the European Communities                                      9.7.80
               4. A description of the measures envisaged to eliminate, reduce or compensate adverse effects on the
                  environment
               5. The description of the relationship between the proposed project and existing environmental and
                  land-use plans and standards for the areas likely to be affected
               6. An explanation of the reasons for the choice of the site and design of the proposed project in
                  preference to the other reasonable alternatives, having regard, in particular, to the technical and
                  economic characteristics of the main and associated project and to the characteristics of the
                  environment likely to be affected
               7. A non-technical summary of abovementioned headings
               Proposal for a Council Regulation amending, for the benefit of unemployed workers,
               Regulation (EEC) No 1408/71 on the application of social security schemes to employed
                                   persons and their families moving within the Community
                                (Submitted by the Commission to the Council on 18 June 1980)
THE COUNCIL OF THK EUROPEAN                                           Whereas certain shortcomings in the Community
COMMUNITIES,                                                           rules concerned have emerged during implementation
                                                                       of Regulation (EEC) No 1408/71; whereas there are
                                                                      therefore grounds for improving the rights of migrant
Having regard to the Treaty establishing the                           workers;
European Economic Community, and in particular
Articles 2, 7 and 51 thereof,
                                                                      Whereas the provisions of Regulation (EEC)
                                                                       No 1408/71 on the granting of unemployment
Having regard to Regulation (EEC) No 1408/71 of
                                                                       benefits were adopted at a time when there was full
the Council of 14 June 1971 on the application of
                                                                       employment; whereas these provisions are no longer
social security schemes to employed persons and their
                                                                       suited to current labour market conditions in the
families moving within the Community (') as last
                                                                       Community;
amended by Regulation (EEC) No 1517/79 (2),
Having regard to the proposal from the Commission                     Whereas, in particular, account should be taken of
made after consultation with the Administrative                        the various measures taken in the Member States to
Commission on Social Security for Migrant Workers,                     induce elderly workers to make way for younger
                                                                       workers or to refrain from                 requesting the
                                                                       employment services to help them in finding work, by
Having regard to the opinion of the European Par-                      providing them with a specific guaranteed income
liament,                                                               level until they reach retirement age;
Having regard to the opinion of the Economic and                       Whereas the granting of these benefits, in accordance
Social Committee,                                                      with their objective and unlike normal unemployment
                                                                       benefits, is not subject to the condition that the
                                                                       beneficiary remain available to the employment
                                                                       services; whereas the condition of residence that may
(') O J N o L 149, 5. 7. 1971, p. 2.                                   be linked to the payments of these benefits should
O OJ No L 185, 21. 7. 1979, p. 1.                                      therefore be abolished for the beneficiaries; whereas