Keywords
Summary

Keywords

1. Environment – Assessment of the effects of certain plans and programmes on the environment – Directive 2001/42 – Scope – Plans and programmes likely to have significant effects on the environment – Member States’ discretion – Scope and limits

(European Parliament and Council Directive 2001/42, Art. 3(2), (3) and (5))

2. Environment – Assessment of the effects of certain plans and programmes on the environment – Directive 2001/42 – Obligation to carry out an environmental assessment without prejudice to any European Union law requirements – Limits

(Council Directive 85/337; European Parliament and Council Directive 2001/42, Art. 11(1) and (2))

Summary

1. The discretion enjoyed by Member States pursuant to Article 3(5) of Directive 2001/42 on the assessment of the effects of certain plans and programmes on the environment to specify certain types of plans which are likely to have significant environmental effects is limited by the requirement under Article 3(3) of that directive, in conjunction with Article 3(2), to subject the plans likely to have significant effects on the environment to environmental assessment, in particular on account of their characteristics, their effects and the areas likely to be affected.

Consequently, a Member State which establishes a criterion which leads, in practice, to an entire class of plans being exempted in advance from the requirement of environmental assessment would exceed the limits of its discretion under Article 3(5) of Directive 2001/42, in conjunction with Article 3(2) and (3), unless all plans exempted could, on the basis of relevant criteria such as, inter alia, their objective, the extent of the territory covered or the sensitivity of the landscape concerned, be regarded as not being likely to have significant effects on the environment.

In those circumstances, Article 3(5) of Directive 2001/42, in conjunction with Article 3(3) thereof, must be interpreted as precluding national legislation which provides, in general terms and without assessment of each case, that assessment under that directive is not to be carried out where mention is made, in the land planning documents applied to small areas of land at local level, of only one subject of economic activity. Such a criterion is not one which can determine whether or not a plan has significant effects on the environment.

(see paras 46-48, 54, operative part 1)

2. Article 11(1) and (2) of Directive 2001/42 on the assessment of the effects of certain plans and programmes on the environment must be interpreted as meaning that an environmental assessment carried out under Directive 85/337 on the assessment of the effects of certain public and private projects on the environment, as amended by Directive 97/11, does not dispense with the obligation to carry out such an assessment under Directive 2001/42.

However, it is for the referring court to assess whether an assessment which has been carried out pursuant to Directive 85/337, as amended, may be considered to be the result of a coordinated or joint procedure and whether it already complies with all the requirements of Directive 2001/42. If that were to be the case, there would then no longer be an obligation to carry out a new assessment pursuant to Directive 2001/42.

Moreover, Article 11(2) of Directive 2001/42 does not place Member States under an obligation to provide, in national law, for joint or coordinated procedures in accordance with the requirements of Directive 2001/42 and Directive 85/337.

(see paras 63, 66, operative part 2-3)