Source: European Parliament
Although the project is still in a planning phase, it is essential to ensure that all necessary assessments and evaluations are conducted to determine its potential impacts on the environment and local communities.
According to Article 4 of the Environmental Impact Assessment Directive[1], prior to granting a consent for such projects, it is up to Member States to determine whether an environmental impact assessment is necessary, based on a case-by-case analysis or by setting specific criteria (such as the location, size or type of project).
Such an assessment, if required, needs to take into account the impacts of the projects on cultural heritage and the environmental aspects as well as the opinion of the local community concerned.
In case a project impacts a Natura 2000 site, Article 6(3) of the Habitats Directive[2] applies[3].
Projects should be planned and implemented covering all aspects of sustainability[4], including ensuring environmental protection and the prevention and minimisation of adverse social or health effects.
Without prejudice to the Commission’s role as guardian of the Treaties, Member States are primarily responsible for ensuring compliance with EU law.
In line with its strategic approach on enforcement action[5], which focuses on cases of systemic non-compliance, the Commission considers that the means of redress available under national legislation would be the most appropriate mechanism to address individual cases of possible non-compliance.
- [1] Environmental Impact Assessment Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment, OJ L 26, 28.1.2012, p. 1-21, as amended by Directive 2014/52/EU of the European Parliament and of the Council of 16 April 2014, OJ L 124, 25.4.2014, p. 1-18.
- [2] Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora, OJ L 206, 22.7.1992, p. 7-50.
- [3] Article 6(3) requires that any plan or project likely to significantly impact the site, individually or combined with others, undergo an appropriate assessment of its implications, considering the site’s conservation objectives, and can only be approved if it does not adversely affect the site’s integrity. Exceptions are allowed under Article 6(4)’s conditions.
- [4] As highlighted in the Commission’s publication ‘EU principles for sustainable raw materials https://op.europa.eu/en/publication-detail/-/publication/23e4b6a0-41da-11ec-89db-01aa75ed71a1/language-en.
- [5] As set out in the communication of 19 January 2017 (EU law: Better results through better application — C/2016/8600, OJ C 18, 19.1.2017, p. 10-20) and in the communication of 13 October 2022 COM(2022) 518 final — Enforcing EU law for a Europe that delivers.