Directive 2014/52 - Amendment of Directive 2011/92/EU on the 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 April 25, 2014, entered into force on May 15, 2014 and should have been implemented in national regulation on May 16, 2017 at the latest.

2.

Key information

official title

Directive 2014/52/EU of the European Parliament and of the Council of 16 April 2014 amending Directive 2011/92/EU 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 2014/52
Original proposal COM(2012)628 EN
CELEX number i 32014L0052

3.

Key dates

Document 16-04-2014
Publication in Official Journal 25-04-2014; OJ L 124 p. 1-18
Effect 15-05-2014; Entry into force Date pub. +20 See Art 4
End of validity 31-12-9999
Transposition 16-05-2017; At the latest See Art 2

4.

Legislative text

25.4.2014   

EN

Official Journal of the European Union

L 124/1

 

DIRECTIVE 2014/52/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 16 April 2014

amending Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment

(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),

Having regard to the opinion of the Committee of the Regions (2),

Acting in accordance with the ordinary legislative procedure (3),

Whereas:

 

(1)

Directive 2011/92/EU of the European Parliament and of the Council (4) has harmonised the principles for the environmental impact assessment of projects by introducing minimum requirements, with regard to the type of projects subject to assessment, the main obligations of developers, the content of the assessment and the participation of the competent authorities and the public, and it contributes to a high level of protection of the environment and human health. Member States are free to lay down more stringent protective measures in accordance with the Treaty on the Functioning of the European Union (TFEU).

 

(2)

The Commission Communication of 30 April 2007, entitled ‘The mid-term review of the sixth Community Environment Action Programme’ and the Report from the Commission of 23 July 2009 on the application and effectiveness of Council Directive 85/337/EEC (5), the predecessor to Directive 2011/92/EU, stressed the need to improve the principles of environmental impact assessment of projects, and to adapt Directive 85/337/EEC to the policy, legal and technical context, which has evolved considerably.

 

(3)

It is necessary to amend Directive 2011/92/EU in order to strengthen the quality of the environmental impact assessment procedure, align that procedure with the principles of smart regulation and enhance coherence and synergies with other Union legislation and policies, as well as strategies and policies developed by Member States in areas of national competence.

 

(4)

In order to coordinate and facilitate the assessment procedures for cross-border projects, and, in particular, to conduct consultations in accordance with the Convention on Environmental Impact Assessment in a Transboundary Context of 25 February 1991 (Espoo-Convention), the Member States concerned may set up, on the basis of equal representation, a joint body.

 

(5)

The mechanisms set out in Regulations (EU) No 347/2013 (6), (EU) No 1315/2013 (7) and (EU) No 1316/2013 (8) of the European Parliament and of the Council, which are relevant for Union co-financed infrastructure projects, may also facilitate the implementation of the requirements of Directive 2011/92/EU.

 

(6)

Directive 2011/92/EU should also be revised in a way that ensures that environmental protection is improved, resource efficiency increased and sustainable growth supported in the Union. To this end, the procedures it lays down should be simplified and harmonised.

 

(7)

Over the last decade, environmental issues, such as resource efficiency and sustainability, biodiversity protection, climate change, and risks of accidents and disasters, have become more important in policy making. They should therefore also constitute important elements in assessment and decision-making processes.

 

(8)

In its Communication of 20 September 2011 entitled ‘Roadmap to a Resource Efficient Europe’, the Commission committed itself to including broader resource efficiency and...


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This text has been adopted from EUR-Lex.

5.

Original proposal

 

6.

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