Amended proposal for a Council Directive on assessment of the effects of certain plans and programmes on the environment
25. 3. 1999 EN Official Journal of the European Communities C 83/13 Amended proposal for a Council Directive on assessment of the effects of certain plans and programmes on the environment (1) (1999/C 83/04) (Text with EEA relevance) COM(1999) 73 final — 96/304 (SYN) (Submitted by the Commission pursuant to Article 189 a (2) of the EC-Treaty on 22 February 1999) (1) OJ C 129, 25. 4. 1997, p. 14. ORIGINAL PROPOSAL AMENDED PROPOSAL Recital 1 the environment, Whereas Article 130 r of the Treaty provides that Community policy on the environment is to contribute to the preservation, protection and improvement of the quality of the protection of human health and the prudent and rational utilisation of natural resources and that it should be based on the that necessitates, precautionary principle; whereas inter alia, the proper integration of environmental considerations into the plans and programmes which are adopted within Member States as part of the town and country planning decision-making process for the purpose of establishing the framework for subsequent development consents (in particular those to which Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment applies (2); the environment, Whereas Article 130 r of the Treaty provides that Community policy on the environment is to contribute to the preservation, protection and improvement of the quality of the protection of human health and the prudent and rational utilisation of natural resources and that it should be based on the that necessitates, precautionary principle; whereas inter alia, the proper integration of environmental considerations into the plans and programmes which are prepared and adopted within Member States for setting a framework for future development consents to which Council Directive (in particular 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment applies (2); those Recital 1a (new) being sustainable development, key whereas the Community, depends on sound objective of and on the management of natural preservation of the different ecosystems so that the needs of the present generation are met without compromising the ability of future generations to meet their own needs; resources equilibrium of the a Recital 2 whereas this Directive aims at a high level of protection of the environment through the attainment of the objectives provided for in Article 130r (1) of the Treaty and is of a procedural nature, setting out an environmental assessment procedure to be followed by the competent authority before the final decision is taken in relation to plans and programmes likely to have an environmental impact; of the development sustainable the this Directive aims at a high level of whereas environment and for progress protection of the towards in objectives attainment Article 130r (1) of the Treaty and is of a procedural nature, a minimum environmental assessment procedure to be followed by the competent authority before the final decision is taken in relation to plans and programmes likely to have environmental impact; provided through setting out for (2) OJ C 175, 5. 7. 1985, p. 40. (2) OJ C 175, 5. 7. 1985, p. 40. C 83/14 EN Official Journal of the European Communities 25. 3. 1999 ORIGINAL PROPOSAL AMENDED PROPOSAL Recital 3a (new) whereas the adoption of environmental assessment procedures at the planning and programming level will benefit undertakings by providing a more consistent framework in which to operate, and contribute to economically more efficient or cost-effective solutions, leading to the inclusion of a wider set of factors in decision-making; Recital 5 the different environmental assessment whereas systems operating within Member States are deficient because they do not cover all of the core plans and programmes which establish the framework for subsequent consent decisions and because they do not always contain the minimum procedural requirements necessary to ensure a high level of protection of the environment; the different environmental assessment whereas systems operating within Member States are deficient because they do not cover all of the core plans and programmes which set a framework for future consent decisions and because they do not always contain the minimum procedural requirements necessary to ensure a high level of protection of the environment; Recital 7 whereas action is therefore required at Community level to establish a general environmental assessment framework which will remedy these deficiencies and thereby contribute to the pursuit of the environmental objectives set out in the Treaty; whereas action is therefore required at Community to lay down a minimum environmental level assessment these deficiencies and thereby contribute to the pursuit of the environmental objectives set out in the Treaty; framework which will remedy Recital 9 whereas the plans and programmes which should be assessed under this Directive are those plans and programmes which are adopted as part of the town and country planning decision-making process for the purpose of establishing the framework for subsequent development-consents, plans energy, waste, and programmes adopted in the water, extraction), telecommunications and tourism sectors, and certain transport infrastructure plans and programmes; (including mineral including strategic industry whereas the plans and programmes which should be assessed under this Directive are those plans and programmes which are prepared and adopted within Member States for setting a framework for future development plans strategic such as energy, waste, and programmes extraction), water, industry transport telecommunications, certain town and infrastructure plans and programmes, country planning or land use; in areas (including mineral including consents, tourism, Recital 11a whereas, given the importance of the quality of the factor environmental statement being an important for the success and usefulness of environmental assessment, Member States shall communicate to the Commission how they ensure the quality of the environmental statement; 25. 3. 1999 EN Official Journal of the European Communities C 83/15 ORIGINAL PROPOSAL AMENDED PROPOSAL Recital 12 is transparent and that whereas in order to ensure that the decision-making process information supplied for the assessment is comprehensive and is necessary to provide that authorities reliable, environmental relevant and/or responsibilities and the public are to be consulted during the assessment of plans and programmes; it bodies with the is the it bodies transparent and that whereas in order to ensure that the decision-making process information supplied for the assessment is comprehensive and is necessary to provide that authorities reliable, environmental relevant and/or responsibilities and the public concerned are to be consulted during and programmes, and that appropriate time frames are set, allowing sufficient time for consultations including the submission of comments; assessment of plans with the Recital 14 whereas the results of the assessment should be taken into account by the competent authority before it adopts the plan or programme or submits it to the legislative procedure, on the understanding that the power of assessment and the final decision remain within the sole competence of this authority; whereas the results of the assessment should be taken into account by the competent authority in particular by making such alterations to the plan or programme as it considers appropriate before it adopts the plan or programme or submits it to the legislative procedure, on the understanding that the power of assessment and the sole competence of this authority; final decision remain within the Recital 15 the application and effectiveness of this whereas Directive should be reviewed seven years after its entry into force; report on the application and whereas a first effectiveness of this Directive should be done by the Commission five years after its entry into force, and at seven-year intervals thereafter; Article 1 the objective of this Directive is to provide for a high level of protection of the environment by ensuring that an environmental assessment is carried out of certain plans and programmes and that the results of the the assessment preparation and programmes. taken into account during plans are and adoption such of the objective of this Directive is to provide for a high level of protection of the environment and for progress towards sustainable development by ensuring that in accordance with the provisions of this Directive an environmental assessment is carried out of certain plans and programmes which are likely to have environmental impact. Article 2 For the purposes of this Directive: For the purposes of this Directive: (a) plan’ and programme’ (a) plans’ and programmes’ (i) refer only to town and country planning plans (i) refer to plans and programmes and programmes — which are subject to preparation and adoption by a competent authority or which are prepared competent authority for adoption by legislative act, and by a — which are subject to preparation and adoption by a competent authority or which are competent authority for adoption by a legislative act, and prepared by a C 83/16 EN Official Journal of the European Communities 25. 3. 1999 ORIGINAL PROPOSAL AMENDED PROPOSAL — which are part of the town and country planning decision-making process for the purpose of establishing the framework for subsequent development consents, and — which contain provisions on the nature, location or operating conditions of size, projects — which a set framework future development consents of projects by making reference to their location and, inter alia, their nature, size or operating conditions, and for (ii) include modifications of existing plans and (ii) include modifications of existing plans and programmes as described in point (i); programmes as described in point (i); transport this definition includes town and country planning plans and programmes in sectors such as (including transport corridors, facilities and airports), energy, waste port resource management, management, water industry of mineral extraction (including resources), telecommunications and tourism; port this definition includes plans and programmes in areas such as transport (including transport airports), corridors, facilities energy, waste management, water resource management, industry (including extraction of mineral telecommunications, tourism, town and country planning or land use; resources), and (b) competent authority’ means the authority which the Member States designate as responsible for performing the duties arising from this Directive; (b) competent authority’ means the authority or authorities which the Member States designate as responsible for performing the duties arising from this Directive; (c) development consent’ means the decision of the competent authority which entitles the developer to proceed with a project; (c) development consent’ means the decision which entitles the developer to proceed with a project; … … (e) environmental assessment’ means the preparation of an environmental statement, the carrying out of consultations and the taking into account of the environmental statement and the results of the consultations in accordance with Articles 5—8; consultations, (e) environmental assessment’ means the preparation of an environmental statement, the carrying out of taking into account of the environmental statement and the results of in decision-making and the the information on the decision in accordance with Articles 5—9; consultations the (ea) environmental a document statement’ means containing the information required in Article 5 and the Annex; Article 4, 4a (new) 4a. The competent authority shall make available to the public concerned a statement of how and why the plan or programme was exempted under paragraphs 3 or 4; 25. 3. 1999 EN Official Journal of the European Communities C 83/17 ORIGINAL PROPOSAL AMENDED PROPOSAL Article 5 1. Where an environmental assessment is required under Article 4, the competent authority shall prepare an environmental statement containing the types of information referred to in the Annex. 1. Where an environmental assessment is required under Article 4, and for achieving the objectives set out in Article 1 the competent authority shall prepare an environmental statement containing the types of information referred to in the Annex. 2. The information included in the environmental statement prepared pursuant to paragraph 1 shall be in such detail as may reasonably be required for the purpose of assessing the significant direct and indirect effects of implementing the plan or programme on human beings, fauna, flora, soil, water, air, climate, landscape, material assets and the cultural heritage, taking into account the level of detail in the plan or programme, its stage in the decision-making process and the extent to which certain matters can be more appropriately assessed at different in that process. levels 2. In the environmental statement the significant direct and indirect effects of implementing the plan or programme on human beings, fauna, flora, soil, water, air, climate, landscape, material assets and the cultural heritage as well as the interaction between these factors shall be identified, described and assessed in an appropriate manner. 2a. The information included in the environmental statement prepared pursuant to paragraph 1 shall be in such detail as may reasonably be required taking into account in the plan or programme, its stage in the decision-making process and the extent to which certain matters are more appropriately assessed at different in that process. the level of detail levels … The environmental include a 4. non-technical summary of the information contained in it. statement shall Article 6 (2) 2. The environmental authorities and/or bodies concerned and the public concerned shall be given an opportunity to express their opinion on the draft plan or programme and the accompanying environmental statement before the adoption or submission to the legislative procedure of the plan or programme. 2. The environmental authorities and/or bodies concerned and the public concerned shall be given an opportunity within appropriate time frames allowing sufficient time for expressing their opinion on the draft plan or programme and the accompanying environmental the adoption or submission to the legislative procedure of the plan or programme. statement before Article 8 to such The competent authority responsible for the adoption or submission to the legislative procedure of the plan or programme concerned shall take into consideration, the prior to environmental Article 5, any opinions expressed pursuant to Article 6 and the results of the consultations entered into pursuant to Article 7. The competent authority may, in particular, make such alterations to the plan or submission, pursuant or prepared statement adoption for authority responsible competents the The preparation and adoption or submission to the legislative procedure of the plan or programme shall take into consideration, during the preparation and the prior environmental to Article 5, any opinions expressed pursuant to Article 6 and the results of the consultations entered into pursuant to Article 7. The competent authority may, submission, pursuant or prepared statement adoption such to C 83/18 EN Official Journal of the European Communities 25. 3. 1999 ORIGINAL PROPOSAL AMENDED PROPOSAL programme as it considers appropriate on the basis of the environmental statement and any such opinions and consultations. in particular, make such alterations to the plan or programme as it considers appropriate on the basis of the environmental statement and any such opinions and consultations. Article 11(2) and (3) 2. Seven years after the entry into force of this Directive, the Commission shall send a report on the application and effectiveness of the Directive to the European Parliament and to the Council. 2. this Five years after the entry into force of Directive, the Commission shall send a first report on the application and effectiveness of the Directive to the European Parliament and to the Council. A new evaluation report seven-year intervals. then follow at shall 3. Where appropriate, referred to in paragraph 2, submit a amendments to this Directive. the Council to in the light of the report the Commission may containing proposal 3. Where appropriate, referred to in paragraph 2, submit amendments to this Directive. to the Council in the light of the reports the Commission may containing a proposals Article 12 States necessary shall 1. Member legislative, regulatory and administrative provisions to comply with this Directive no later than 31 December 1999. Member States forthwith inform the shall Commission of the measures taken. take the take States necessary shall 1. Member legislative, regulatory and administrative provisions to comply with this Directive no later than two years after shall forthwith inform the Commission of the measures taken. entry into force. Member States the its When Member States adopt these provisions, these shall contain a reference to this Directive or shall be accompanied by such a reference at the time of their official publication. The procedure for such reference shall be adopted by Member States. When Member States adopt these provisions, these shall contain a reference to this Directive or shall be accompanied by such a reference at the time of their official publication. The form of such reference shall be adopted by Member States. 1a. Member States Commission how they ensure the quality of environmental statement. communicate shall to the the States to the shall 2. Member Commission the types of plans and programmes which they will to an environmental assessment pursuant to this Directive. communicate submit 2. No later than two years after the entry into force of this Directive Member States shall communicate to the types of plans and the Commission a list of programmes which an submit environmental assessment pursuant to this Directive. they will to By this date the Commission will make available such a list to the Member States. Annex Information on the following matters: Information on the following matters: (a) the contents of the plan or programme and its main objectives; (a) the contents of the plan or programme and its main objectives; 25. 3. 1999 EN Official Journal of the European Communities C 83/19 ORIGINAL PROPOSAL AMENDED PROPOSAL (b) the environmental characteristics of any area likely to be significantly affected by the plan or programme; any existing environmental problems which are relevant to the plan or programme including, in areas of particular, relating particular environmental such as areas designated pursuant to Council Directives 79/409/EEC (3) and 92/43/EEC; to any importance, those (c) … (e) the likely significant environmental effects of implementing the plan or programme; (b) (c) (d) (e) a description of the zero-option’ and reasonable of alternatives (such or development for development), including any modifications or mitigation measures considered, of achieving the objectives of the plan or programme; as alternative alternative locations types its and the environmental characteristics of any area likely to be significantly affected by the plan or programme alternatives those relating to any including, in particular, importance, areas of particular environmental such as areas designated pursuant to Council Directives 79/409/EEC (3) and 92/43/EEC, or qualifying for designation; reasonable any existing environmental problems which are relevant to the plan or programme and its reasonable alternatives; or its and programme the likely significant effects of implementing the reasonable plan alternatives on the environment, comprising those on the areas mentioned under (c), including the cumulative, consideration synergistic, long-term, short, medium and permanent and temporary, positive and negative effects; secondary, of (f) (g) … any alternative ways of achieving the objectives the plan or programme which have been of considered during its preparation (such as alternative types of development or alternative locations for development) and the reasons for not adopting these alternatives; the measures envisaged to prevent, reduce and where possible offset any significant adverse effects on the environment of implementing the plan or programme. (g) the measures envisaged to prevent, reduce and as fully as possible offset any significant adverse effects on the environment of implementing the plan or programme; (ha) a statement outlining how the assessment was undertaken and the reasons for not adopting the alternatives considered; (hb) a non-technical summary of the information provided under the above headings. (1) OJ C 103, 25. 4. 1979, p. 1. (1) OJ C 103, 25. 4. 1979, p. 1