Origins and development - Introduction to Environmental Impact Assessment - page 44

certain types of development proposals. However, it is seriously
concerned that the proposed Directive, as presently drafted, would
excessively codify and formalize procedures of which there is limited
experience and therefore their benefits are not yet proven. Accordingly the
Institute recommends the deletion of Article 4 and annexes of the draft.
(House of Lords 1981a)
More generally, slow progress in the implementation of EC legislation was symptomatic
of the wide range of interest groups involved, of the lack of public support for increasing
the scope of town planning and environmental protection procedures, and of the
unwillingness of Member States to adapt their widely varying planning systems and
environmental protection legislation to those of other countries (Williams 1988). In
March 1982, after considering the many views expressed by the Member States, the
Commission published proposed amendments to the draft directive (CEC 1982).
Approval was expected in November 1983. However, this was delayed by the Danish
Government, which was concerned about projects authorized by Acts of Parliament. On 7
March 1985, the Council of Ministers agreed on the proposal; it was formally adopted as
a directive on 27 June 1985 (CEC 1985) and became operational on 3 July 1988.
Subsequently, the EC's Fifth Action Programme, Towards sustainability (CEC 1992),
stressed the importance of EIA, particularly in helping to achieve sustainable
development, and the need to expand the remit of EIA:
Given the goal of achieving sustainable development it seems only
logical, if not essential, to apply an assessment of the environmental
implications of all relevant policies, plans and programmes. The
integration of environmental assessment within the macro-planning
process would not only enhance the protection of the environment and
encourage optimization of resource management but would also help to
reduce those disparities in the international and inter-regional competition
for new development projects which at present arise from disparities in
assessment practices in the Member States…
In response to a (belated) five-year review of the Directive (CEC 1993), amendments to
the Directive were agreed in 1997. Appendix 1 gives the complete consolidated version
of the amended Directive.
The reader is referred to Clark & Turnbull (1984), Lee & Wood (1984), O'Riordan &
Sewell (1981), Swaffield (1981), Tomlinson (1986), Williams (1988) and Wood (1981,
1988) for further discussions on the development of EIA in the UK and EC.
2.5.2 Summary of EC Directive 85/337 procedures
The Directive differs in important respects from NEPA. It requires EIAs to be prepared
by both public agencies and private developers, whereas NEPA applies only to federal
agencies. It requires EIA for a specified list of projects, whereas NEPA uses the
definition “major federal actions…” It specifically lists the impacts that are to be