Directive 2011/92 - Assessment of the effects of certain public and private projects on the environment

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1.

Current status

This directive has been published on January 28, 2012, entered into force on February 17, 2012 and should have been implemented in national regulation on July  3, 1988 at the latest.

2.

Key information

official title

Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment Text with EEA relevance
 
Legal instrument Directive
Number legal act Directive 2011/92
Original proposal COM(2011)189 EN
CELEX number i 32011L0092

3.

Key dates

Document 13-12-2011
Publication in Official Journal 28-01-2012; OJ L 26, 28.1.2012,Special edition in Croatian: Chapter 15 Volume 027
Effect 17-02-2012; Entry into force Date pub. +20 See Art 15
End of validity 31-12-9999
Transposition 03-07-1988

4.

Legislative text

28.1.2012   

EN

Official Journal of the European Union

L 26/1

 

DIRECTIVE 2011/92/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 13 December 2011

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 Committee (1),

After consulting the Committee of the Regions,

Acting in accordance with the ordinary legislative procedure (2),

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 environment (3) has been substantially amended several times (4). In the interests of clarity and rationality the said Directive should be codified.

 

(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 principles that preventive action should be taken, that environmental damage should, as a priority, be rectified at source and that the polluter should pay. Effects on the environment should be taken into account at the earliest possible stage in all the technical planning and decision-making processes.

 

(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. 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.

 

(5)

The environmental legislation of the Union includes provisions enabling 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.

 

(6)

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.

 

(7)

Development consent for public and private projects which are likely to have significant effects on the environment should be granted only after an 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.

 

(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.

 

(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 they are likely to have significant effects on the environment.

 

(10)

Member States may set thresholds or criteria for the purpose of determining which of 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...


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This text has been adopted from EUR-Lex.

5.

Original proposal

 

6.

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