MIL-OSI Europe: Answer to a written question – New works on Lake Idro: compliance of extensions of EIA procedures with the principles of access to environmental information and public participation – E-002855/2024(ASW)

1. Article 2 of the Environmental Impact Assessment (EIA) Directive[1] requires Member States to take all the necessary measures to ensure that, before consent is given, projects likely to have significant effects on the environment[2] are subject to a requirement for development consent and an assessment with regard to their effects. Article 6(4) provides that the public concerned shall be given early and effective opportunities to participate in the environmental decision-making procedure and shall be entitled to express comments and opinions when all options are open to the competent authority before the decision is taken[3]. The project in question falls under the scope of the EIA Directive[4]. According to publicly available information, an EIA was carried out in 2013 and the authorisation has since been extended twice. The Commission does not have sufficient information to assess whether the project has undergone a change or extension likely to have significant adverse effects on the environment justifying a new EIA procedure[5].

2. Article 6(1) requires Member States to ensure that the authorities likely to be concerned by the project, by reason of their specific environmental responsibilities or local and regional competences, are given an opportunity to express their opinion on the information supplied by the developer and on the request for development consent[6]. The Commission does not have sufficient information to assess the situation in this respect.

3. W ithout prejudice to the Commission’s role as guardian of the Treaties, Member States are primarily responsible to ensure compliance with EU law, including verifying individual cases of potential breach in the relevant development consent procedures[7].

• [1] 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 (codification), OJ L 026 28.1.2012, p. 1.
• [2] By virtue, inter alia, of their nature, size or location.
• [3] Article 2(4) of the EIA Directive provides that Member States may, in exceptional cases, exempt a specific project from the provisions laid down in the directive. In this event, they shall make available to the public concerned the information obtained when determining if other forms of assessment would be appropriate, the information relating to the decision granting exemption and the reasons for granting it. They shall also inform the Commission of the reasons justifying the exemption granted.
• [4] This project could be covered by Annex I, points 12 or 15, or Annex II, point 10 (f), (g) or (m).
• [5] Which would include a new public consultation.
• [6] Article 5(2) states that, where requested by the developer, the competent authority, taking into account the information provided by the developer in particular on the specific characteristics of the project, including its location and technical capacity, and its likely impact on the environment, shall issue an opinion on the scope and level of detail of the information to be included by the developer in the environmental impact assessment report. The competent authority shall consult the authorities referred to in Article 6(1) before it gives its opinion.
• [7] National authorities, including national courts, are thus the first line of enforcement of EU law and, in line with its strategic approach on enforcement procedures, the Commission focuses on systemic non-compliance (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).