Source: European Parliament
It is the duty of the national competent authorities to assess the impacts of the mentioned project as required by EU law. The Environmental Impact Assessment (EIA) Directive[1] requires that, before a consent is given, projects likely to have significant effects on the environment be subject to an assessment.
For installations for hydroelectric energy production[2], the authorities must determine whether an assessment is necessary through a case-by-case study or previously set thresholds or criteria.
Such an assessment, if required, will take into account the impacts of the projects on the environment and on cultural heritage aspects.
Under Article 6 of the Habitats Directive[3], if the project is likely to have a significant negative effect on a Natura 2000 site, the competent authorities must conduct an appropriate assessment of its implications for the site in view of its conservation objectives[4].
Where the obligation to carry out assessments arises simultaneously from the EIA Directive and the Habitats Directive, the Member State must, where appropriate, provide for coordinated and/or joint procedures.
Under the Water Framework Directive[5], Member States must ensure that activities like transfer of water doesn’t result in any deterioration of the status of any body of water, and all necessary measures are taken to prevent negative impacts.
Member States have a primary responsibility to ensure that renewable energy projects are developed in full compliance with EU legislation.
The protection and conservation of cultural heritage of European significance are also primarily a national responsibility[6]. In its role as guardian of the Treaties, the Commission will continue monitoring the situation and may decide to take appropriate action.
- [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, 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] Referred to in Annex II, 3 h) of the EIA Directive.
- [3] Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, OJ L 206, 22.7.1992, p. 7-50.
- [4] Commission’s guidance document: Guidance on the requirements for hydropower in relation to EU nature legislation, Publications Office of the European Union, 2018, https://data.europa.eu/doi/10.2779/43645
- [5] Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy, OJ L 327, 22.12.2000, p. 1-73.
- [6] Articles 3 and 167 of the Treaty on the Functioning of the European Union.