Environmental Engineering Reference
In-Depth Information
established procedures. With a view to avoiding duplication of the assessment,
Member States should take account, where appropriate, of the fact that
assessments will be carried out at different levels of a hierarchy of plans and
programmes.
(10) All plans and programmes which are prepared for a number of sectors and which set
a framework for future development consent of projects listed in Annexes I and II to
Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of
certain public and private projects on the environment, 7 and all plans and programmes
which have been determined to require assessment pursuant to Council Directive
92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild flora
and fauna, 8 are likely to have significant effects on the environment, and should as a
rule be made subject to systematic environmental assessment. When they determine
the use of small areas at local level or are minor modifications to the above plans or
programmes, they should be assessed only where Member States determine that they
are likely to have significant effects on the environment.
(11) Other plans and programmes which set the framework for future development
consent of projects may not have significant effects on the environment in all cases
and should be assessed only where Member States determine that they are likely to
have such effects.
(12) When Member States make such determinations, they should take into account the
relevant criteria set out in this Directive.
(13) Some plans or programmes are not subject to this Directive because of their
particular characteristics.
(14) Where an assessment is required by this Directive, an environmental report should
be prepared containing relevant information as set out in this Directive, identifying,
describing and evaluating the likely significant environmental effects of implementing
the plan or programme, and reasonable alternatives taking into account the objectives
and the geographical scope of the plan or programme; Member States should
communicate to the Commission any measures they take concerning the quality of
environmental reports.
(15) In order to contribute to more transparent decision making and with the aim of
ensuring that the information supplied for the assessment is comprehensive and
reliable, it is necessary to provide that authorities with relevant environmental
responsibilities and the public are to be consulted during the assessment of plans and
programmes, and that appropriate time frames are set, allowing sufficient time for
consultations, including the expression of opinion.
(16) Where the implementation of a plan or programme prepared in one Member State is
likely to have a significant effect on the environment of other Member States,
provision should be made for the Member States concerned to enter into consultations
and for the relevant authorities and the public to be informed and enabled to express
their opinion.
(17) The environmental report and the opinions expressed by the relevant authorities and
the public, as well as the results of any transboundary consultation, should
7 OJ L 175, 5.7.1985, p. 40. Directive as amended by Directive 97/11/EC (OJ L 73, 14.3.1997, p.
5).
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