Directive on environmental impact assessments
The Council of the European Union has published the updated Directive on the assessment of the effects of certain public and private projects on the environment, adopted on 3 March 1997. The Directive, which updates a previous Directive dating from 1985, lays down the projects for which environmental impact assessments are required, and the procedure to be followed in carrying out such assessments. The updated Directive is intended to clarify, supplement and improve the existing rules, and in particular extends the types of projects subject to the Directive. The Directive lays down two categories of project: those for which an environmental impact assessment, under the terms of the Directive, is obligatory; and those where the Member States may determine if such an assessment is required. Member States may determine on a case-by-case basis or by laying down criteria which projects are subject to the procedure. Under the terms of the Directive, where a project is likely to have significant impact on the environment, including all projects requiring obligatory assessments, Member States shall ensure that the developer of the project supplies all information necessary to assess the impact of the project. The competent authorities and the public should then have an opportunity to express their opinion before consent for the project is granted. The Member State should also send all relevant information to any other Member States in which the project may have a significant effect. Member States must make public their decision on the granting of consent, including supporting reasons, conditions and any measures to be taken to alleviate adverse environmental effects.