Annexes to COM(2011)189 - Assessment of the effects of certain public and private projects on the environment - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
dossier | COM(2011)189 - Assessment of the effects of certain public and private projects on the environment. |
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document | COM(2011)189 |
date | December 13, 2011 |
(5) OJ L 24, 29.1.2008, p. 8.
(6) OJ L 41, 14.2.2003, p. 26.
ANNEX I
PROJECTS REFERRED TO IN ARTICLE 4(1)
1. | Crude-oil refineries (excluding undertakings manufacturing only lubricants from crude oil) and installations for the gasification and liquefaction of 500 tonnes or more of coal or bituminous shale per day. |
2. |
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3. |
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4. |
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5. | Installations for the extraction of asbestos and for the processing and transformation of asbestos and products containing asbestos: for asbestos-cement products, with an annual production of more than 20 000 tonnes of finished products, for friction material, with an annual production of more than 50 tonnes of finished products, and for other uses of asbestos, utilisation of more than 200 tonnes per year. |
6. | Integrated chemical installations, i.e. those installations for the manufacture on an industrial scale of substances using chemical conversion processes, in which several units are juxtaposed and are functionally linked to one another and which are:
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7. |
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8. |
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9. | Waste disposal installations for the incineration, chemical treatment as defined in Annex I to Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste (4) under heading D9, or landfill of hazardous waste, as defined in point 2 of Article 3 of that Directive. |
10. | Waste disposal installations for the incineration or chemical treatment as defined in Annex I to Directive 2008/98/EC under heading D9 of non-hazardous waste with a capacity exceeding 100 tonnes per day. |
11. | Groundwater abstraction or artificial groundwater recharge schemes where the annual volume of water abstracted or recharged is equivalent to or exceeds 10 million cubic metres. |
12. |
In both cases transfers of piped drinking water are excluded. |
13. | Waste water treatment plants with a capacity exceeding 150 000 population equivalent as defined in point 6 of Article 2 of Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment (5). |
14. | Extraction of petroleum and natural gas for commercial purposes where the amount extracted exceeds 500 tonnes/day in the case of petroleum and 500 000 cubic metres/day in the case of gas. |
15. | Dams and other installations designed for the holding back or permanent storage of water, where a new or additional amount of water held back or stored exceeds 10 million cubic metres. |
16. | Pipelines with a diameter of more than 800 mm and a length of more than 40 km:
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17. | Installations for the intensive rearing of poultry or pigs with more than:
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18. | Industrial plants for the production of:
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19. | Quarries and open-cast mining where the surface of the site exceeds 25 hectares, or peat extraction, where the surface of the site exceeds 150 hectares. |
20. | Construction of overhead electrical power lines with a voltage of 220 kV or more and a length of more than 15 km. |
21. | Installations for storage of petroleum, petrochemical, or chemical products with a capacity of 200 000 tonnes or more. |
22. | Storage sites pursuant to Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide (6). |
23. | Installations for the capture of CO2 streams for the purposes of geological storage pursuant to Directive 2009/31/EC from installations covered by this Annex, or where the total yearly capture of CO2 is 1,5 megatonnes or more. |
24. | Any change to or extension of projects listed in this Annex where such a change or extension in itself meets the thresholds, if any, set out in this Annex. |
(1) Nuclear power stations and other nuclear reactors cease to be such an installation when all nuclear fuel and other radioactively contaminated elements have been removed permanently from the installation site.
(2) For the purposes of this Directive, ‘airport’ means an airport which complies with the definition in the 1944 Chicago Convention setting up the International Civil Aviation Organisation (Annex 14).
(3) For the purposes of this Directive, ‘express road’ means a road which complies with the definition in the European Agreement on Main International Traffic Arteries of 15 November 1975.
(4) OJ L 312, 22.11.2008, p. 3.
(5) OJ L 135, 30.5.1991, p. 40.
(6) OJ L 140, 5.6.2009, p. 114.
ANNEX II
PROJECTS REFERRED TO IN ARTICLE 4(2)
1. AGRICULTURE, SILVICULTURE AND AQUACULTURE
(a) | Projects for the restructuring of rural land holdings; |
(b) | Projects for the use of uncultivated land or semi-natural areas for intensive agricultural purposes; |
(c) | Water management projects for agriculture, including irrigation and land drainage projects; |
(d) | Initial afforestation and deforestation for the purposes of conversion to another type of land use; |
(e) | Intensive livestock installations (projects not included in Annex I); |
(f) | Intensive fish farming; |
(g) | Reclamation of land from the sea. |
2. EXTRACTIVE INDUSTRY
(a) | Quarries, open-cast mining and peat extraction (projects not included in Annex I); |
(b) | Underground mining; |
(c) | Extraction of minerals by marine or fluvial dredging; |
(d) | Deep drillings, in particular:
with the exception of drillings for investigating the stability of the soil; |
(e) | Surface industrial installations for the extraction of coal, petroleum, natural gas and ores, as well as bituminous shale. |
3. ENERGY INDUSTRY
(a) | Industrial installations for the production of electricity, steam and hot water (projects not included in Annex I); |
(b) | Industrial installations for carrying gas, steam and hot water; transmission of electrical energy by overhead cables (projects not included in Annex I); |
(c) | Surface storage of natural gas; |
(d) | Underground storage of combustible gases; |
(e) | Surface storage of fossil fuels; |
(f) | Industrial briquetting of coal and lignite; |
(g) | Installations for the processing and storage of radioactive waste (unless included in Annex I); |
(h) | Installations for hydroelectric energy production; |
(i) | Installations for the harnessing of wind power for energy production (wind farms); |
(j) | Installations for the capture of CO2 streams for the purposes of geological storage pursuant to Directive 2009/31/EC from installations not covered by Annex I to this Directive. |
4. PRODUCTION AND PROCESSING OF METALS
(a) | Installations for the production of pig iron or steel (primary or secondary fusion) including continuous casting; |
(b) | Installations for the processing of ferrous metals:
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(c) | Ferrous metal foundries; |
(d) | Installations for the smelting, including the alloyage, of non-ferrous metals, excluding precious metals, including recovered products (refining, foundry casting, etc.); |
(e) | Installations for surface treatment of metals and plastic materials using an electrolytic or chemical process; |
(f) | Manufacture and assembly of motor vehicles and manufacture of motor-vehicle engines; |
(g) | Shipyards; |
(h) | Installations for the construction and repair of aircraft; |
(i) | Manufacture of railway equipment; |
(j) | Swaging by explosives; |
(k) | Installations for the roasting and sintering of metallic ores. |
5. MINERAL INDUSTRY
(a) | Coke ovens (dry coal distillation); |
(b) | Installations for the manufacture of cement; |
(c) | Installations for the production of asbestos and the manufacture of asbestos products (projects not included in Annex I); |
(d) | Installations for the manufacture of glass including glass fibre; |
(e) | Installations for smelting mineral substances including the production of mineral fibres; |
(f) | Manufacture of ceramic products by burning, in particular roofing tiles, bricks, refractory bricks, tiles, stoneware or porcelain. |
6. CHEMICAL INDUSTRY (PROJECTS NOT INCLUDED IN ANNEX I)
(a) | Treatment of intermediate products and production of chemicals; |
(b) | Production of pesticides and pharmaceutical products, paint and varnishes, elastomers and peroxides; |
(c) | Storage facilities for petroleum, petrochemical and chemical products. |
7. FOOD INDUSTRY
(a) | Manufacture of vegetable and animal oils and fats; |
(b) | Packing and canning of animal and vegetable products; |
(c) | Manufacture of dairy products; |
(d) | Brewing and malting; |
(e) | Confectionery and syrup manufacture; |
(f) | Installations for the slaughter of animals; |
(g) | Industrial starch manufacturing installations; |
(h) | Fish-meal and fish-oil factories; |
(i) | Sugar factories. |
8. TEXTILE, LEATHER, WOOD AND PAPER INDUSTRIES
(a) | Industrial plants for the production of paper and board (projects not included in Annex I); |
(b) | Plants for the pre-treatment (operations such as washing, bleaching, mercerisation) or dyeing of fibres or textiles; |
(c) | Plants for the tanning of hides and skins; |
(d) | Cellulose-processing and production installations. |
9. RUBBER INDUSTRY
Manufacture and treatment of elastomer-based products.
10. INFRASTRUCTURE PROJECTS
(a) | Industrial estate development projects; |
(b) | Urban development projects, including the construction of shopping centres and car parks; |
(c) | Construction of railways and intermodal transhipment facilities, and of intermodal terminals (projects not included in Annex I); |
(d) | Construction of airfields (projects not included in Annex I); |
(e) | Construction of roads, harbours and port installations, including fishing harbours (projects not included in Annex I); |
(f) | Inland-waterway construction not included in Annex I, canalisation and flood-relief works; |
(g) | Dams and other installations designed to hold water or store it on a long-term basis (projects not included in Annex I); |
(h) | Tramways, elevated and underground railways, suspended lines or similar lines of a particular type, used exclusively or mainly for passenger transport; |
(i) | Oil and gas pipeline installations and pipelines for the transport of CO2 streams for the purposes of geological storage (projects not included in Annex I); |
(j) | Installations of long-distance aqueducts; |
(k) | Coastal work to combat erosion and maritime works capable of altering the coast through the construction, for example, of dykes, moles, jetties and other sea defence works, excluding the maintenance and reconstruction of such works; |
(l) | Groundwater abstraction and artificial groundwater recharge schemes not included in Annex I; |
(m) | Works for the transfer of water resources between river basins not included in Annex I. |
11. OTHER PROJECTS
(a) | Permanent racing and test tracks for motorised vehicles; |
(b) | Installations for the disposal of waste (projects not included in Annex I); |
(c) | Waste-water treatment plants (projects not included in Annex I); |
(d) | Sludge-deposition sites; |
(e) | Storage of scrap iron, including scrap vehicles; |
(f) | Test benches for engines, turbines or reactors; |
(g) | Installations for the manufacture of artificial mineral fibres; |
(h) | Installations for the recovery or destruction of explosive substances; |
(i) | Knackers’ yards. |
12. TOURISM AND LEISURE
(a) | Ski runs, ski lifts and cable cars and associated developments; |
(b) | Marinas; |
(c) | Holiday villages and hotel complexes outside urban areas and associated developments; |
(d) | Permanent campsites and caravan sites; |
(e) | Theme parks. |
13. | (a) | Any change or extension of projects listed in Annex I or this Annex, already authorised, executed or in the process of being executed, which may have significant adverse effects on the environment (change or extension not included in Annex I); |
(b) | Projects in Annex I, undertaken exclusively or mainly for the development and testing of new methods or products and not used for more than two years. |
ANNEX III
SELECTION CRITERIA REFERRED TO IN ARTICLE 4(3)
1. CHARACTERISTICS OF PROJECTS
The characteristics of projects must be considered having regard, in particular, to:
(a) | the size of the project; |
(b) | the cumulation with other projects; |
(c) | the use of natural resources; |
(d) | the production of waste; |
(e) | pollution and nuisances; |
(f) | the risk of accidents, having regard in particular to substances or technologies used. |
2. LOCATION OF PROJECTS
The environmental sensitivity of geographical areas likely to be affected by projects must be considered, having regard, in particular, to:
(a) | the existing land use; |
(b) | the relative abundance, quality and regenerative capacity of natural resources in the area; |
(c) | the absorption capacity of the natural environment, paying particular attention to the following areas:
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3. CHARACTERISTICS OF THE POTENTIAL IMPACT
The potential significant effects of projects must be considered in relation to criteria set out in points 1 and 2, and having regard in particular to:
(a) | the extent of the impact (geographical area and size of the affected population); |
(b) | the transfrontier nature of the impact; |
(c) | the magnitude and complexity of the impact; |
(d) | the probability of the impact; |
(e) | the duration, frequency and reversibility of the impact. |
(1) OJ L 20, 26.1.2010, p. 7.
(2) OJ L 206, 22.7.1992, p. 7.
ANNEX IV
INFORMATION REFERRED TO IN ARTICLE 5(1)
1. | A description of the project, including in particular:
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2. | An outline of the main alternatives studied by the developer and an indication of the main reasons for this choice, taking into account the environmental effects. |
3. | A description of the aspects of the environment likely to be significantly affected by the proposed project, including, in particular, population, fauna, flora, soil, water, air, climatic factors, material assets, including the architectural and archaeological heritage, landscape and the interrelationship between the above factors. |
4. | A description (1) of the likely significant effects of the proposed project on the environment resulting from:
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5. | The description by the developer of the forecasting methods used to assess the effects on the environment referred to in point 4. |
6. | A description of the measures envisaged to prevent, reduce and where possible offset any significant adverse effects on the environment. |
7. | A non-technical summary of the information provided under headings 1 to 6. |
8. | An indication of any difficulties (technical deficiencies or lack of know-how) encountered by the developer in compiling the required information. |
(1) This description should cover the direct effects and any indirect, secondary, cumulative, short, medium and long-term, permanent and temporary, positive and negative effects of the project.
ANNEX V
PART A
Repealed Directive with list of its successive amendments
(referred to in Article 14)
Council Directive 85/337/EEC (OJ L 175, 5.7.1985, p. 40) | |
Council Directive 97/11/EC (OJ L 73, 14.3.1997, p. 5) | |
Directive 2003/35/EC of the European Parliament and of the Council (OJ L 156, 25.6.2003, p. 17) | Article 3 only |
Directive 2009/31/EC of the European Parliament and of the Council (OJ L 140, 5.6.2009, p. 114) | Article 31 only |
PART B
List of time limits for transposition into national law
(referred to in Article 14)
Directive | Time limit for transposition |
85/337/EEC | 3 July 1988 |
97/11/EC | 14 March 1999 |
2003/35/EC | 25 June 2005 |
2009/31/EC | 25 June 2011 |
ANNEX VI
Correlation table
Directive 85/337/EEC | This Directive |
Article 1(1) | Article 1(1) |
Article 1(2), first subparagraph | Article 1(2), introductory wording |
Article 1(2), second subparagraph, introductory wording | Article 1(2)(a), introductory wording |
Article 1(2), second subparagraph, first indent | Article 1(2), point (a), first indent |
Article 1(2), second subparagraph, second indent | Article 1(2), point (a), second indent |
Article 1(2), third subparagraph | Article 1(2), point (b) |
Article 1(2), fourth subparagraph | Article 1(2), point (c) |
Article 1(2), fifth subparagraph | Article 1(2), point (d) |
Article 1(2), sixth subparagraph | Article 1(2), point (e) |
Article 1(3) | Article 1(2), point (f) |
Article 1(4) | Article 1(3) |
Article 1(5) | Article 1(4) |
Article 2(1) | Article 2(1) |
Article 2(2) | Article 2(2) |
Article 2(2a) | Article 2(3) |
Article 2(3) | Article 2(4) |
Article 3, introductory wording | Article 3, introductory wording |
Article 3, first indent | Article 3, point (a) |
Article 3, second indent | Article 3, point (b) |
Article 3, third indent | Article 3, point (c) |
Article 3, fourth indent | Article 3, point (d) |
Article 4 | Article 4 |
Article 5(1) | Article 5(1) |
Article 5(2) | Article 5(2) |
Article 5(3), introductory wording | Article 5(3), introductory wording |
Article 5(3), first indent | Article 5(3), point (a) |
Article 5(3), second indent | Article 5(3), point (b) |
Article 5(3), third indent | Article 5(3), point (c) |
Article 5(3), fourth indent | Article 5(3), point (d) |
Article 5(3), fifth indent | Article 5(3), point (e) |
Article 5(4) | Article 5(4) |
Article 6 | Article 6 |
Article 7(1), introductory wording | Article 7(1), first subparagraph, introductory wording |
Article 7(1), point (a) | Article 7(1), first subparagraph, point (a) |
Article 7(1), point (b) | Article 7(1), first subparagraph, point (b) |
Article 7(1), final wording | Article 7(1), second subparagraph |
Article 7(2)-7(5) | Article 7(2)-7(5) |
Article 8 | Article 8 |
Article 9(1), introductory wording | Article 9, introductory wording |
Article 9(1), first indent | Article 9(1), point (a) |
Article 9(1), second indent | Article 9(1), point (b) |
Article 9(1), third indent | Article 9(1), point (c) |
Article 9(2) | Article 9(2) |
Article 10 | Article 10 |
Article 10a, first paragraph | Article 11(1) |
Article 10a, second paragraph | Article 11(2) |
Article 10a, third paragraph | Article 11(3) |
Article 10a, fourth and fifth paragraphs | Article 11(4), first and second subparagraphs |
Article 10a, sixth paragraph | Article 11(5) |
Article 11(1) | Article 12(1) |
Article 11(2) | Article 12(2) |
Article 11(3) | — |
Article 11(4) | Article 12(3) |
Article 12(1) | — |
Article 12(2) | Article 13 |
— | Article 14 |
— | Article 15 |
Article 14 | Article 16 |
Annex I, point 1 | Annex I, point 1 |
Annex I, point 2, first indent | Annex I, point 2(a) |
Annex I, point 2, second indent | Annex I, point 2(b) |
Annex I, point 3(a) | Annex I, point 3(a) |
Annex I, point 3(b), introductory wording | Annex I, point 3(b), introductory wording |
Annex I, point 3(b), first indent | Annex I, point 3(b)(i) |
Annex I, point 3(b), second indent | Annex I, point 3(b)(ii) |
Annex I, point 3(b), third indent | Annex I, point 3(b)(iii) |
Annex I, point 3(b), fourth indent | Annex I, point 3(b)(iv) |
Annex I, point 3(b), fifth indent | Annex I, point 3(b)(v) |
Annex I, point 4, first indent | Annex I, point 4(a) |
Annex I, point 4, second indent | Annex I, point 4(b) |
Annex I, point 5 | Annex I, point 5 |
Annex I, point 6, introductory wording | Annex I, point 6, introductory wording |
Annex I, point 6(i) | Annex I, point 6(a) |
Annex I, point 6(ii) | Annex I, point 6(b) |
Annex I, point 6(iii) | Annex I, point 6(c) |
Annex I, point 6(iv) | Annex I, point 6(d) |
Annex I, point 6(v) | Annex I, point 6(e) |
Annex I, point 6(vi) | Annex I, point 6(f) |
Annex I, points 7-15 | Annex I, points 7-15 |
Annex I, point 16, introductory wording | Annex I, point 16, introductory wording |
Annex I, point 16, first indent | Annex I, point 16(a) |
Annex I, point 16, second indent | Annex I, point 16(b) |
Annex I, points 17-21 | Annex I, points 17-21 |
Annex I, point 22 | Annex I, point 24 |
Annex I, point 23 | Annex I, point 22 |
Annex I, point 24 | Annex I, point 23 |
Annex II, point 1 | Annex II, point 1 |
Annex II, point 2(a), (b) and (c) | Annex II, point 2(a), (b) and (c) |
Annex II, point 2(d), introductory wording | Annex II, point 2(d), introductory wording |
Annex II, point 2(d), first indent | Annex II, point 2(d)(i) |
Annex II, point 2(d), second indent | Annex II, point 2(d)(ii) |
Annex II, point 2(d), third indent | Annex II, point 2(d)(iii) |
Annex II, point 2(d), final wording | Annex II, point 2(d), final wording |
Annex II, point 2(e) | Annex II, point 2(e) |
Annex II, points 3-12 | Annex II, points 3-12 |
Annex II, point 13, first indent | Annex II, point 13(a) |
Annex II, point 13, second indent | Annex II, point 13(b) |
Annex III, point 1, introductory wording | Annex III, point 1, introductory wording |
Annex III, point 1, first indent | Annex III, point 1(a) |
Annex III, point 1, second indent | Annex III, point 1(b) |
Annex III, point 1, third indent | Annex III, point 1(c) |
Annex III, point 1, fourth indent | Annex III, point 1(d) |
Annex III, point 1, fifth indent | Annex III, point 1(e) |
Annex III, point 1, sixth indent | Annex III, point 1(f) |
Annex III, point 2, introductory wording | Annex III, point 2, introductory wording |
Annex III, point 2, first indent | Annex III, point 2(a) |
Annex III, point 2, second indent | Annex III, point 2(b) |
Annex III, point 2, third indent, introductory wording | Annex III, point 2(c), introductory wording |
Annex III, point 2, third indent, point (a) | Annex III, point 2(c)(i) |
Annex III, point 2, third indent, point (b) | Annex III, point 2(c)(ii) |
Annex III, point 2, third indent, point (c) | Annex III, point 2(c)(iii) |
Annex III, point 2, third indent, point (d) | Annex III, point 2(c)(iv) |
Annex III, point 2, third indent, point (e) | Annex III, point 2(c)(v) |
Annex III, point 2, third indent, point (f) | Annex III, point 2(c)(vi) |
Annex III, point 2, third indent, point (g) | Annex III, point 2(c)(vii) |
Annex III, point 2, third indent, point (h) | Annex III, point 2(c)(viii) |
Annex III, point 3, introductory wording | Annex III, point 3, introductory wording |
Annex III, point 3, first indent | Annex III, point 3(a) |
Annex III, point 3, second indent | Annex III, point 3(b) |
Annex III, point 3, third indent | Annex III, point 3(c) |
Annex III, point 3, fourth indent | Annex III, point 3(d) |
Annex III, point 3, fifth indent | Annex III, point 3(e) |
Annex IV, point 1, introductory wording | Annex IV, point 1, introductory wording |
Annex IV, point 1, first indent | Annex IV, point 1(a) |
Annex IV, point 1, second indent | Annex IV, point 1(b) |
Annex IV, point 1, third indent | Annex IV, point 1(c) |
Annex IV, points 2 and 3 | Annex IV, points 2 and 3 |
Annex IV, point 4, introductory wording | Annex IV, point 4, first subparagraph, introductory wording |
Annex IV, point 4, first indent | Annex IV, point 4, first subparagraph, point (a) |
Annex IV, point 4, second indent | Annex IV, point 4, first subparagraph, point (b) |
Annex IV, point 4, third indent | Annex IV, point 4, first subparagraph, point (c) |
Annex IV, point 4, final wording | Annex IV, point 5 |
Annex IV, point 5 | Annex IV, point 6 |
Annex IV, point 6 | Annex IV, point 7 |
Annex IV, point 7 | Annex IV, point 8 |
— | Annex V |
— | Annex VI |