Directive 2001/42/EC-SEA of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment - Introduction to Environmental Impact Assessment - page 405

9 OJ L 103, 25.4.1979, p. 1. Directive as last amended by Directive 97/49/EC (OJ L 223, 13.8.1997,
p. 9).
10 OJ L 327, 22.12.2000, p. 1.
(b) “environmental assessment” shall mean the preparation of an environmental
report, the carrying out of consultations, the taking into account of the
environmental report and the results of the consultations in decisionmaking and the
provision of information on the decision in accordance with Articles 4 to 9;
(c) “environmental report” shall mean the part of the plan or programme
documentation containing the information required in Article 5 and Annex I;
(d) “The public” shall mean one or more natural or legal persons and, in accordance
with national legislation or practice, their associations, organisations or groups.
Article 3. Scope
1. An environmental assessment, in accordance with Articles 4 to 9, shall be carried out
for plans and programmes referred to in paragraphs 2 to 4 which are likely to have
significant environmental effects.
2. Subject to paragraph 3, an environmental assessment shall be carried out for all plans
and programmes,
(a) which are prepared for agriculture, forestry, fisheries, energy, industry, transport,
waste management, water management, telecommunications, tourism, town and
country planning or land use and which set the framework for future development
consent of projects listed in Annexes I and II to Directive 85/33 7/EC, or
(b) which, in view of the likely effects on sites, have been determined to require an
assessment pursuant to Article 6 or 7 of Directive 92/43/EEC.
3. Plans and programmes referred to in paragraph 2 which determine the use of small
areas at local level and minor modifications to plans and programmes referred to in
paragraph 2 shall require an environmental assessment only where the Member States
determine that they are likely to have significant environmental effects.
4. Member States shall determine whether plans and programmes, other than those
referred to in paragraph 2, which set the framework for future development consent of
projects, are likely to have significant environmental effects.
5. Member States shall determine whether plans or programmes referred to in paragraphs
3 and 4 are likely to have significant environmental effects either through case-by-case
examination or by specifying types of plans and programmes or by combining both
approaches. For this purpose Member States shall in all cases take into account
relevant criteria set out in Annex II, in order to ensure that plans and programmes with
likely significant effects on the environment are covered by this Directive.
6. In the case-by-case examination and in specifying types of plans and programmes in
accordance with paragraph 5, the authorities referred to in Article 6(3) shall be
consulted.
7. Member States shall ensure that their conclusions pursuant to paragraph 5, including
the reasons for not requiring an environmental assessment pursuant to Articles 4 to 9,
are made available to the public.
8. The following plans and programmes are not subject to this Directive: