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28.1.2012 Official
Journal
of
the
European
Union
L
26/1
I
(Legislative acts)
DIRECTIVES
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)
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
be rectified at source and that the polluter should pay.
EUROPEAN UNION,
Effects on the environment should be taken into account
at the earliest possible stage in all the technical planning
and decision-making processes.
Having regard to the Treaty on the Functioning of the European
Union, and in particular Article 192(1) thereof,
(3)
The principles of the assessment of environmental effects
Having regard to the proposal from the European Commission,
should be harmonised, in particular with reference to the
projects which should be subject to assessment, the main
obligations of the developers and the content of the
After transmission of the draft legislative act to the national
assessment. The Member States may lay down stricter
parliaments,
rules to protect the environment.
Having regard to the opinion of the European Economic and
Social Committee ( 1 ),
(4) In
addition,
it
is
necessary
to
achieve
one
of
the
objectives of the Union in the sphere of the protection
of the environment and the quality of life.
After consulting the Committee of the Regions,
Acting in accordance with the ordinary legislative procedure (
(5) The
environmental
legislation
of
the
Union
includes

2 ),
provisions enabling public authorities and other bodies
to take decisions which may have a significant effect on
Whereas:
the environment as well as on personal health and well-
being.
(1) Council
Directive
85/337/EEC
of
27
June
1985
on
the
assessment of the effects of certain public and private
projects on the environment (
(6) General
principles
for
the
assessment
of
environmental

3 ) has been substantially
amended several times (
effects should be laid down with a view to supple

4 ). In the interests of clarity and
rationality the said Directive should be codified.
menting and coordinating development consent
procedures governing public and private projects likely
to have a major effect on the environment.
(2)
Pursuant to Article 191 of the Treaty on the Functioning
of the European Union, Union policy on the
environment is based on the precautionary principle
and on the principles that preventive action should be
(7) Development
consent
for
public
and
private
projects
which are likely to have significant effects on the
taken, that environmental damage should, as a priority,
environment should be granted only after an assessment
of the likely significant environmental effects of those
( 1 ) OJ C 248, 25.8.2011, p. 154.
projects has been carried out. That assessment should
( 2 ) Position of the European Parliament of 13 September 2011 (not yet
be conducted on the basis of the appropriate information
published in the Official Journal) and decision of the Council of
supplied by the developer, which may be supplemented
15 November 2011.
( 3 ) OJ L 175, 5.7.1985, p. 40.
by the authorities and by the public likely to be
( 4 ) See Annex VI, Part A.
concerned by the project in question.

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Official Journal of the European Union
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(8) Projects
belonging
to
certain
types
have
significant
effects
take account of, opinions and concerns which may be
on the environment and those projects should, as a rule,
relevant to those decisions, thereby increasing the
be subject to a systematic assessment.
accountability and transparency of the decision-making
process and contributing to public awareness of environ
mental issues and support for the decisions taken.
(9) Projects
of
other
types
may
not
have
significant
effects
on the environment in every case and those projects
should be assessed where the Member States consider
(17) Participation, including participation by associations,
that they are likely to have significant effects on the
organisations and groups, in particular non-governmental
environment.
organisations promoting environmental protection,
should accordingly be fostered, including, inter alia, by
promoting environmental education of the public.
(10) Member
States
may
set
thresholds
or
criteria
for
the
purpose of determining which of such projects should
be subject to assessment on the basis of the significance
(18) The European Community signed the UN/ECE
of their environmental effects. Member States should not
Convention on Access to Information, Public Partici
be required to examine projects below those thresholds
pation in Decision-Making and Access to Justice in Envi
or outside those criteria on a case-by-case basis.
ronmental Matters (the Aarhus Convention) on 25 June
1998 and ratified it on 17 February 2005.
(11) When
setting
such
thresholds
or
criteria
or
examining
projects on a case-by-case basis, for the purpose of deter
(19) Among the objectives of the Aarhus Convention is the
mining which projects should be subject to assessment
desire to guarantee rights of public participation in
on the basis of their significant environmental effects,
decision-making in environmental matters in order to
Member States should take account of the relevant
contribute to the protection of the right to live in an
selection criteria set out in this Directive. In accordance
environment which is adequate for personal health and
with the subsidiarity principle, the Member States are in
well-being.
the best position to apply those criteria in specific
instances.
(20) Article
6
of
the
Aarhus
Convention
provides
for
public
participation in decisions on the specific activities listed
(12) For
projects
which
are
subject
to
assessment,
a
certain
minimal amount of information should be supplied,
in Annex I thereto and on activities not so listed which
concerning the project and its effects.
may have a significant effect on the environment.

(13) It is appropriate to lay down a procedure in order to
(21) Article
9(2)
and
(4)
of
the
Aarhus
Convention
provides
enable the developer to obtain an opinion from the
for access to judicial or other procedures for challenging
competent authorities on the content and extent of the
the substantive or procedural legality of decisions, acts or
information to be elaborated and supplied for the
omissions subject to the public participation provisions
assessment. Member States, in the framework of this
of Article 6 of that Convention.
procedure, may require the developer to provide, inter
alia, alternatives for the projects for which it intends to
submit an application.
(22) However,
this
Directive
should
not
be
applied
to
projects
the details of which are adopted by a specific act of
national legislation, since the objectives of this Directive,
(14) The
effects
of
a
project
on
the
environment
should
be
including that of supplying information, are achieved
assessed in order to take account of concerns to protect
through the legislative process.
human health, to contribute by means of a better
environment to the quality of life, to ensure maintenance
of the diversity of species and to maintain the repro
(23) Furthermore,
it
may
be
appropriate
in
exceptional
cases
ductive capacity of the ecosystem as a basic resource
to exempt a specific project from the assessment
for life.
procedures laid down by this Directive, subject to appro
priate information being supplied to the Commission and
to the public concerned.
(15) It is desirable
to lay down strengthened provisions
concerning environmental impact assessment in a trans
boundary context to take account of developments at
(24) Since
the
objectives
of
this
Directive
cannot
be
suffi
international level. The European Community signed
ciently achieved by the Member States and can therefore,
the Convention on Environmental Impact Assessment
by reason of the scale and effects of the action, be better
in a Transboundary Context on 25 February 1991, and
achieved at Union level, the Union may adopt measures
ratified it on 24 June 1997.
in accordance with the principle of subsidiarity as set out
in Article 5 of the Treaty on European Union. In
accordance with the principle of proportionality, as set
(16) Effective
public
participation
in
the
taking
of
decisions
out in that Article, this Directive does not go beyond
enables the public to express, and the decision-maker to
what is necessary in order to achieve those objectives.

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(25) This Directive should be without prejudice to the
4. This
Directive
shall
not
apply
to
projects
the
details
of
obligations of the Member States relating to the time
which are adopted by a specific act of national legislation,
limits for transposition into national law of the Directives
since the objectives of this Directive, including that of
set out in Annex V, Part B,
supplying information, are achieved through the legislative
process.
HAVE ADOPTED THIS DIRECTIVE:
Article 2
Article 1
1. Member
States
shall
adopt
all
measures
necessary
to
ensure that, before consent is given, projects likely to have
1. This Directive shall apply to the assessment of the envi
significant effects on the environment by virtue, inter alia, of
ronmental effects of those public and private projects which are
their nature, size or location are made subject to a requirement
likely to have significant effects on the environment.
for development consent and an assessment with regard to their
effects. Those projects are defined in Article 4.
2. For the purposes of this Directive, the following defi
nitions shall apply:
2. The
environmental
impact
assessment
may
be
integrated
into the existing procedures for consent to projects in the
(a) ‘project’ means:
Member States, or, failing this, into other procedures or into
procedures to be established to comply with the aims of this
Directive.
— the execution of construction works or of other instal
lations or schemes,
3. Member States may provide for a single procedure in
order to fulfil the requirements of this Directive and the
— other interventions in the natural surroundings and
requirements of Directive 2008/1/EC of the European
landscape including those involving the extraction of
Parliament and of the Council of 15 January 2008 concerning
mineral resources;
integrated pollution prevention and control ( 1 ).
(b) ‘developer’ means the applicant for authorisation for a
4. Without
prejudice
to
Article
7,
Member
States
may,
in
private project or the public authority which initiates a
exceptional cases, exempt a specific project in whole or in
project;
part from the provisions laid down in this Directive.
(c) ‘development consent’ means the decision of the competent
In that event, the Member States shall:
authority or authorities which entitles the developer to
proceed with the project;
(a) consider whether another form of assessment would be
(d) ‘public’ means one or more natural or legal persons and, in
appropriate;
accordance with national legislation or practice, their associ
ations, organisations or groups;
(b) make available to the public concerned the information
obtained under other forms of assessment referred to in
(e) ‘public concerned’ means the public affected or likely to be
point (a), the information relating to the decision granting
affected by, or having an interest in, the environmental
exemption and the reasons for granting it;
decision-making procedures referred to in Article 2(2). For
the purposes of this definition, non-governmental organi
sations promoting environmental protection and meeting
(c) inform the Commission, prior to granting consent, of the
any requirements under national law shall be deemed to
reasons justifying the exemption granted, and provide it
have an interest;
with the information made available, where applicable, to
their own nationals.
(f) ‘competent authority or authorities’ means that authority or
those authorities which the Member States designate as
responsible for performing the duties arising from this
The Commission shall immediately forward the documents
Directive.
received to the other Member States.
3. Member
States
may
decide,
on
a
case-by-case
basis
if
so
The Commission shall report annually to the European
provided under national law, not to apply this Directive to
Parliament and to the Council on the application of this para
projects serving national defence purposes, if they deem that
graph.
such application would have an adverse effect on those
purposes.
( 1 ) OJ L 24, 29.1.2008, p. 8.

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Article 3
(b) the Member States consider that a developer may reasonably
be required to compile this information having regard, inter
The environmental impact assessment shall identify, describe
alia, to current knowledge and methods of assessment.
and assess in an appropriate manner, in the light of each indi
vidual case and in accordance with Articles 4 to 12, the direct
and indirect effects of a project on the following factors:
2. Member
States
shall
take
the
necessary
measures
to
ensure
that, if the developer so requests before submitting an appli
(a) human beings, fauna and flora;
cation for development consent, the competent authority shall
give an opinion on the information to be supplied by the
developer in accordance with paragraph 1. The competent
(b) soil, water, air, climate and the landscape;
authority shall consult the developer and authorities referred
to in Article 6(1) before it gives its opinion. The fact that the
(c) material assets and the cultural heritage;
authority has given an opinion under this paragraph shall not
preclude it from subsequently requiring the developer to submit
further information.
(d) the interaction between the factors referred to in points (a),
(b) and (c).
Member States may require the competent authorities to give
Article 4
such an opinion, irrespective of whether the developer so
requests.
1. Subject
to
Article
2(4),
projects
listed
in
Annex
I
shall
be made subject to an assessment in accordance with Articles
5 to 10.
3. The
information
to
be
provided
by
the
developer
in
accordance with paragraph 1 shall include at least:
2. Subject
to
Article
2(4),
for
projects
listed
in
Annex
II,
Member States shall determine whether the project shall be
made subject to an assessment in accordance with Articles 5
(a) a description of the project comprising information on the
to 10. Member States shall make that determination through:
site, design and size of the project;
(a) a case-by-case examination;
(b) a description of the measures envisaged in order to avoid,
reduce and, if possible, remedy significant adverse effects;
or
(c) the data required to identify and assess the main effects
(b) thresholds or criteria set by the Member State.
which the project is likely to have on the environment;
Member States may decide to apply both procedures referred to
in points (a) and (b).
(d) an outline of the main alternatives studied by the developer
and an indication of the main reasons for his choice, taking
into account the environmental effects;
3. When
a
case-by-case
examination
is
carried
out
or
thresholds or criteria are set for the purpose of paragraph 2,
the relevant selection criteria set out in Annex III shall be taken
into account.
(e) a non-technical summary of the information referred to in
points (a) to (d).
4. Member
States
shall
ensure
that
the
determination
made
by the competent authorities under paragraph 2 is made
4. Member
States
shall,
if
necessary,
ensure
that
any
auth
available to the public.
orities holding relevant information, with particular reference to
Article 3, make this information available to the developer.
Article 5
1. In
the
case
of
projects
which,
pursuant
to
Article
4,
are
to
Article 6
be made subject to an environmental impact assessment in
accordance with this Article and Articles 6 to 10, Member
1. Member
States
shall
take
the
measures
necessary
to
ensure
States shall adopt the necessary measures to ensure that the
that the authorities likely to be concerned by the project by
developer supplies in an appropriate form the information
reason of their specific environmental responsibilities are given
specified in Annex IV inasmuch as:
an opportunity to express their opinion on the information
supplied by the developer and on the request for development
consent. To that end, Member States shall designate the auth
(a) the Member States consider that the information is relevant
orities to be consulted, either in general terms or on a case-by-
to a given stage of the consent procedure and to the specific
case basis. The information gathered pursuant to Article 5 shall
characteristics of a particular project or type of project and
be forwarded to those authorities. Detailed arrangements for
of the environmental features likely to be affected;
consultation shall be laid down by the Member States.

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2.
The public shall be informed, whether by public notices or
when all options are open to the competent authority or auth
by other appropriate means such as electronic media where
orities before the decision on the request for development
available, of the following matters early in the environmental
consent is taken.
decision-making procedures referred to in Article 2(2) and, at
the latest, as soon as information can reasonably be provided:
5. The
detailed
arrangements
for
informing
the
public
(for
example by bill posting within a certain radius or publication in
(a) the request for development consent;
local newspapers) and for consulting the public concerned (for
example by written submissions or by way of a public inquiry)
(b) the fact that the project is subject to an environmental
shall be determined by the Member States.
impact assessment procedure and, where relevant, the fact
that Article 7 applies;
6. Reasonable
time-frames
for
the
different
phases
shall
be
provided, allowing sufficient time for informing the public and
(c) details of the competent authorities responsible for taking
for the public concerned to prepare and participate effectively in
the decision, those from which relevant information can be
environmental decision-making subject to the provisions of this
obtained, those to which comments or questions can be
Article.
submitted, and details of the time schedule for transmitting
comments or questions;
Article 7
(d) the nature of possible decisions or, where there is one, the
1. Where a Member State is aware that a project is likely to
draft decision;
have significant effects on the environment in another Member
State or where a Member State likely to be significantly affected
so requests, the Member State in whose territory the project is
(e) an indication of the availability of the information gathered
intended to be carried out shall send to the affected Member
pursuant to Article 5;
State as soon as possible and no later than when informing its
own public, inter alia:
(f) an indication of the times and places at which, and the
means by which, the relevant information will be made
(a) a description of the project, together with any available
available;
information on its possible transboundary impact;
(g) details of the arrangements for public participation made
pursuant to paragraph 5 of this Article.
(b) information on the nature of the decision which may be
taken.
3. Member States shall ensure that, within reasonable time-
frames, the following is made available to the public concerned:
The Member State in whose territory the project is intended to
be carried out shall give the other Member State a reasonable
time in which to indicate whether it wishes to participate in the
(a) any information gathered pursuant to Article 5;
environmental decision-making procedures referred to in
Article 2(2), and may include the information referred to in
paragraph 2 of this Article.
(b) in accordance with national legislation, the main reports
and advice issued to the competent authority or authorities
at the time when the public concerned is informed in
accordance with paragraph 2 of this Article;
2. If
a
Member
State
which
receives
information
pursuant
to
paragraph 1 indicates that it intends to participate in the envi
ronmental decision-making procedures referred to in
(c) in accordance with the provisions of Directive 2003/4/EC of
Article 2(2), the Member State in whose territory the project
the European Parliament and of the Council of 28 January
is intended to be carried out shall, if it has not already done so,
2003 on public access to environmental information (
send to the affected Member State the information required to

1 ),
information other than that referred to in paragraph 2 of
be given pursuant to Article 6(2) and made available pursuant
this Article which is relevant for the decision in accordance
to points (a) and (b) of Article 6(3).
with Article 8 of this Directive and which only becomes
available after the time the public concerned was informed
in accordance with paragraph 2 of this Article.
3. The Member States concerned, each insofar as it is
concerned, shall also:
4. The
public
concerned
shall
be
given
early
and
effective
opportunities to participate in the environmental decision-
(a) arrange for the information referred to in paragraphs 1 and
making procedures referred to in Article 2(2) and shall, for
2 to be made available, within a reasonable time, to the
that purpose, be entitled to express comments and opinions
authorities referred to in Article 6(1) and the public
concerned in the territory of the Member State likely to
( 1 ) OJ L 41, 14.2.2003, p. 26.
be significantly affected; and

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(b) ensure that the authorities referred to in Article 6(1) and the
by national laws, regulations and administrative provisions and
public concerned are given an opportunity, before devel
accepted legal practices with regard to commercial and
opment consent for the project is granted, to forward
industrial confidentiality, including intellectual property, and
their opinion within a reasonable time on the information
the safeguarding of the public interest.
supplied to the competent authority in the Member State in
whose territory the project is intended to be carried out.
Where Article 7 applies, the transmission of information to
another Member State and the receipt of information by
4. The
Member
States
concerned
shall
enter
into
consul
another Member State shall be subject to the limitations in
tations regarding, inter alia, the potential transboundary effects
force in the Member State in which the project is proposed.
of the project and the measures envisaged to reduce or
eliminate such effects and shall agree on a reasonable time-
frame for the duration of the consultation period.
Article 11
1. Member
States
shall
ensure
that,
in
accordance
with
the
5. The
detailed
arrangements
for
implementing
this
Article relevant national legal system, members of the public
may be determined by the Member States concerned and shall
concerned:
be such as to enable the public concerned in the territory of the
affected Member State to participate effectively in the environ
mental decision-making procedures referred to in Article 2(2)
(a) having a sufficient interest, or alternatively;
for the project.
Article 8
(b) maintaining the impairment of a right, where administrative
procedural law of a Member State requires this as a precon
The results of consultations and the information gathered
dition;
pursuant to Articles 5, 6 and 7 shall be taken into consideration
in the development consent procedure.
have access to a review procedure before a court of law or
Article 9
another independent and impartial body established by law to
challenge the substantive or procedural legality of decisions, acts
1. When
a
decision
to
grant
or
refuse
development
consent or omissions subject to the public participation provisions of
has been taken, the competent authority or authorities shall
this Directive.
inform the public thereof in accordance with the appropriate
procedures and shall make available to the public the following
information:
2. Member
States
shall
determine
at
what
stage
the
decisions,
acts or omissions may be challenged.
(a) the content of the decision and any conditions attached
thereto;
3. What
constitutes
a
sufficient
interest
and
impairment
of
a
right shall be determined by the Member States, consistently
(b) having examined the concerns and opinions expressed by
with the objective of giving the public concerned wide access
the public concerned, the main reasons and considerations
to justice. To that end, the interest of any non-governmental
on which the decision is based, including information about
organisation meeting the requirements referred to in Article 1(2)
the public participation process;
shall be deemed sufficient for the purpose of point (a) of
paragraph 1 of this Article. Such organisations shall also be
deemed to have rights capable of being impaired for the
(c) a description, where necessary, of the main measures to
purpose of point (b) of paragraph 1 of this Article.
avoid, reduce and, if possible, offset the major adverse
effects.
4. The
provisions
of
this
Article
shall
not
exclude
the
possi
bility of a preliminary review procedure before an administrative
2. The
competent
authority
or
authorities
shall
inform
any authority and shall not affect the requirement of exhaustion of
Member State which has been consulted pursuant to Article 7,
administrative review procedures prior to recourse to judicial
forwarding to it the information referred to in paragraph 1 of
review procedures, where such a requirement exists under
this Article.
national law.
The consulted Member States shall ensure that that information
Any such procedure shall be fair, equitable, timely and not
is made available in an appropriate manner to the public
prohibitively expensive.
concerned in their own territory.
Article 10
5. In
order
to
further
the
effectiveness
of
the
provisions
of
this Article, Member States shall ensure that practical
The provisions of this Directive shall not affect the obligation
information is made available to the public on access to admin
on the competent authorities to respect the limitations imposed
istrative and judicial review procedures.

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Article 12
obligations of the Member States relating to the time limits for
transposition into national law of the Directives set out in
1. The
Member
States
and
the
Commission
shall
exchange Annex V, Part B.
information on the experience gained in applying this Directive.
References to the repealed Directive shall be construed as
2. In
particular,
Member
States
shall
inform
the
Commission references to this Directive and shall be read in accordance
of any criteria and/or thresholds adopted for the selection of the
with the correlation table in Annex VI.
projects in question, in accordance with Article 4(2).
Article 15
3. On the basis of that exchange of information, the
Commission shall if necessary submit additional proposals to
This Directive shall enter into force on the 20th day following
the European Parliament and to the Council, with a view to
its publication in the Official Journal of the European Union.
ensuring that this Directive is applied in a sufficiently coor
dinated manner.
Article 16
This Directive is addressed to the Member States.
Article 13
Member States shall communicate to the Commission the texts
of the provisions of national law which they adopt in the field
Done at Strasbourg, 13 December 2011.
covered by this Directive.
Article 14
For the European Parliament
For the Council
Directive 85/337/EEC, as amended by the Directives listed in
The President
The President
Annex V, Part A, is repealed, without prejudice to the
J. BUZEK
M. SZPUNAR

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ANNEX I
PROJECTS REFERRED TO IN ARTICLE 4(1)
1. Crude-oil refineries (excluding undertakings manufacturing only lubricants from crude oil) and installations for the
gasification and liquefaction of 500 tonnes or more of coal or bituminous shale per day.
2. (a) Thermal power stations and other combustion installations with a heat output of 300 megawatts or more;
(b) Nuclear power stations and other nuclear reactors including the dismantling or decommissioning of such power
stations or reactors ( 1 ) (except research installations for the production and conversion of fissionable and fertile
materials, whose maximum power does not exceed 1 kilowatt continuous thermal load).
3. (a) Installations for the reprocessing of irradiated nuclear fuel;
(b) Installations designed:
(i) for the production or enrichment of nuclear fuel;
(ii) for the processing of irradiated nuclear fuel or high-level radioactive waste;
(iii) for the final disposal of irradiated nuclear fuel;
(iv) solely for the final disposal of radioactive waste;
(v) solely for the storage (planned for more than 10 years) of irradiated nuclear fuels or radioactive waste in a
different site than the production site.
4. (a) Integrated works for the initial smelting of cast iron and steel;
(b) Installations for the production of non-ferrous crude metals from ore, concentrates or secondary raw materials by
metallurgical, chemical or electrolytic processes.
5. Installations for the extraction of asbestos and for the processing and transformation of asbestos and products
containing asbestos: for asbestos-cement products, with an annual production of more than 20 000 tonnes of
finished products, for friction material, with an annual production of more than 50 tonnes of finished products,
and for other uses of asbestos, utilisation of more than 200 tonnes per year.
6. Integrated chemical installations, i.e. those installations for the manufacture on an industrial scale of substances using
chemical conversion processes, in which several units are juxtaposed and are functionally linked to one another and
which are:
(a) for the production of basic organic chemicals;
(b) for the production of basic inorganic chemicals;
(c) for the production of phosphorous-, nitrogen- or potassium-based fertilisers (simple or compound fertilisers);
(d) for the production of basic plant health products and of biocides;
(e) for the production of basic pharmaceutical products using a chemical or biological process;
(f) for the production of explosives.
( 1 ) Nuclear power stations and other nuclear reactors cease to be such an installation when all nuclear fuel and other radioactively
contaminated elements have been removed permanently from the installation site.

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7. (a) Construction of lines for long-distance railway traffic and of airports ( 1 ) with a basic runway length of 2 100 m
or more;
(b) Construction of motorways and express roads ( 2 );
(c) Construction of a new road of four or more lanes, or realignment and/or widening of an existing road of two
lanes or less so as to provide four or more lanes, where such new road or realigned and/or widened section of
road would be 10 km or more in a continuous length.
8. (a) Inland waterways and ports for inland-waterway traffic which permit the passage of vessels of over 1 350 tonnes;
(b) Trading ports, piers for loading and unloading connected to land and outside ports (excluding ferry piers) which
can take vessels of over 1 350 tonnes.
9. Waste disposal installations for the incineration, chemical treatment as defined in Annex I to Directive 2008/98/EC
of the European Parliament and of the Council of 19 November 2008 on waste ( 3 ) under heading D9, or landfill of
hazardous waste, as defined in point 2 of Article 3 of that Directive.
10. Waste disposal installations for the incineration or chemical treatment as defined in Annex I to Directive 2008/98/EC
under heading D9 of non-hazardous waste with a capacity exceeding 100 tonnes per day.
11. Groundwater abstraction or artificial groundwater recharge schemes where the annual volume of water abstracted or
recharged is equivalent to or exceeds 10 million cubic metres.
12. (a) Works for the transfer of water resources between river basins where that transfer aims at preventing possible
shortages of water and where the amount of water transferred exceeds 100 million cubic metres/year;
(b) In all other cases, works for the transfer of water resources between river basins where the multi-annual average
flow of the basin of abstraction exceeds 2 000 million cubic metres/year and where the amount of water
transferred exceeds 5 % of that flow.
In both cases transfers of piped drinking water are excluded.
13. Waste water treatment plants with a capacity exceeding 150 000 population equivalent as defined in point 6 of
Article 2 of Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment ( 4 ).
14. Extraction of petroleum and natural gas for commercial purposes where the amount extracted exceeds
500 tonnes/day in the case of petroleum and 500 000 cubic metres/day in the case of gas.
15. Dams and other installations designed for the holding back or permanent storage of water, where a new or additional
amount of water held back or stored exceeds 10 million cubic metres.
16. Pipelines with a diameter of more than 800 mm and a length of more than 40 km:
(a) for the transport of gas, oil, chemicals;
(b) for the transport of carbon dioxide (CO 2 ) streams for the purposes of geological storage, including associated
booster stations.
17. Installations for the intensive rearing of poultry or pigs with more than:
(a) 85 000 places for broilers, 60 000 places for hens;
(b) 3 000 places for production pigs (over 30 kg); or
(c) 900 places for sows.
( 1 ) For the purposes of this Directive, ‘airport’ means an airport which complies with the definition in the 1944 Chicago Convention
setting up the International Civil Aviation Organisation (Annex 14).
( 2 ) For the purposes of this Directive, ‘express road’ means a road which complies with the definition in the European Agreement on Main
International Traffic Arteries of 15 November 1975.
( 3 ) OJ L 312, 22.11.2008, p. 3.
( 4 ) OJ L 135, 30.5.1991, p. 40.

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Official Journal of the European Union
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18. Industrial plants for the production of:
(a) pulp from timber or similar fibrous materials;
(b) paper and board with a production capacity exceeding 200 tonnes per day.
19. Quarries and open-cast mining where the surface of the site exceeds 25 hectares, or peat extraction, where the surface
of the site exceeds 150 hectares.
20. Construction of overhead electrical power lines with a voltage of 220 kV or more and a length of more than 15 km.
21. Installations for storage of petroleum, petrochemical, or chemical products with a capacity of 200 000 tonnes or
more.
22. Storage sites pursuant to Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on
the geological storage of carbon dioxide ( 1 ).
23. Installations for the capture of CO 2 streams for the purposes of geological storage pursuant to Directive 2009/31/EC
from installations covered by this Annex, or where the total yearly capture of CO 2 is 1,5 megatonnes or more.
24. Any change to or extension of projects listed in this Annex where such a change or extension in itself meets the
thresholds, if any, set out in this Annex.
( 1 ) OJ L 140, 5.6.2009, p. 114.

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ANNEX II
PROJECTS REFERRED TO IN ARTICLE 4(2)
1. AGRICULTURE, SILVICULTURE AND AQUACULTURE
(a) Projects for the restructuring of rural land holdings;
(b) Projects for the use of uncultivated land or semi-natural areas for intensive agricultural purposes;
(c) Water management projects for agriculture, including irrigation and land drainage projects;
(d) Initial afforestation and deforestation for the purposes of conversion to another type of land use;
(e) Intensive livestock installations (projects not included in Annex I);
(f) Intensive fish farming;
(g) Reclamation of land from the sea.
2. EXTRACTIVE INDUSTRY
(a) Quarries, open-cast mining and peat extraction (projects not included in Annex I);
(b) Underground mining;
(c) Extraction of minerals by marine or fluvial dredging;
(d) Deep drillings, in particular:
(i) geothermal drilling;
(ii) drilling for the storage of nuclear waste material;
(iii) drilling for water supplies;
with the exception of drillings for investigating the stability of the soil;
(e) Surface industrial installations for the extraction of coal, petroleum, natural gas and ores, as well as bituminous
shale.
3. ENERGY INDUSTRY
(a) Industrial installations for the production of electricity, steam and hot water (projects not included in Annex I);
(b) Industrial installations for carrying gas, steam and hot water; transmission of electrical energy by overhead cables
(projects not included in Annex I);
(c) Surface storage of natural gas;
(d) Underground storage of combustible gases;
(e) Surface storage of fossil fuels;
(f) Industrial briquetting of coal and lignite;
(g) Installations for the processing and storage of radioactive waste (unless included in Annex I);
(h) Installations for hydroelectric energy production;
(i) Installations for the harnessing of wind power for energy production (wind farms);

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Official Journal of the European Union
28.1.2012
(j) Installations for the capture of CO 2 streams for the purposes of geological storage pursuant to Directive
2009/31/EC from installations not covered by Annex I to this Directive.
4. PRODUCTION AND PROCESSING OF METALS
(a) Installations for the production of pig iron or steel (primary or secondary fusion) including continuous casting;
(b) Installations for the processing of ferrous metals:
(i) hot-rolling mills;
(ii) smitheries with hammers;
(iii) application of protective fused metal coats;
(c) Ferrous metal foundries;
(d) Installations for the smelting, including the alloyage, of non-ferrous metals, excluding precious metals, including
recovered products (refining, foundry casting, etc.);
(e) Installations for surface treatment of metals and plastic materials using an electrolytic or chemical process;
(f) Manufacture and assembly of motor vehicles and manufacture of motor-vehicle engines;
(g) Shipyards;
(h) Installations for the construction and repair of aircraft;
(i) Manufacture of railway equipment;
(j) Swaging by explosives;
(k) Installations for the roasting and sintering of metallic ores.
5. MINERAL INDUSTRY
(a) Coke ovens (dry coal distillation);
(b) Installations for the manufacture of cement;
(c) Installations for the production of asbestos and the manufacture of asbestos products (projects not included in
Annex I);
(d) Installations for the manufacture of glass including glass fibre;
(e) Installations for smelting mineral substances including the production of mineral fibres;
(f) Manufacture of ceramic products by burning, in particular roofing tiles, bricks, refractory bricks, tiles, stoneware
or porcelain.
6. CHEMICAL INDUSTRY (PROJECTS NOT INCLUDED IN ANNEX I)
(a) Treatment of intermediate products and production of chemicals;
(b) Production of pesticides and pharmaceutical products, paint and varnishes, elastomers and peroxides;
(c) Storage facilities for petroleum, petrochemical and chemical products.
7. FOOD INDUSTRY
(a) Manufacture of vegetable and animal oils and fats;
(b) Packing and canning of animal and vegetable products;

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Union L
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(c) Manufacture of dairy products;
(d) Brewing and malting;
(e) Confectionery and syrup manufacture;
(f) Installations for the slaughter of animals;
(g) Industrial starch manufacturing installations;
(h) Fish-meal and fish-oil factories;
(i) Sugar factories.
8. TEXTILE, LEATHER, WOOD AND PAPER INDUSTRIES
(a) Industrial plants for the production of paper and board (projects not included in Annex I);
(b) Plants for the pre-treatment (operations such as washing, bleaching, mercerisation) or dyeing of fibres or textiles;
(c) Plants for the tanning of hides and skins;
(d) Cellulose-processing and production installations.
9. RUBBER INDUSTRY
Manufacture and treatment of elastomer-based products.
10. INFRASTRUCTURE PROJECTS
(a) Industrial estate development projects;
(b) Urban development projects, including the construction of shopping centres and car parks;
(c) Construction of railways and intermodal transhipment facilities, and of intermodal terminals (projects not
included in Annex I);
(d) Construction of airfields (projects not included in Annex I);
(e) Construction of roads, harbours and port installations, including fishing harbours (projects not included in
Annex I);
(f) Inland-waterway
construction
not
included
in
Annex
I,
canalisation
and
flood-relief
works;
(g) Dams and other installations designed to hold water or store it on a long-term basis (projects not included in
Annex I);
(h) Tramways, elevated and underground railways, suspended lines or similar lines of a particular type, used
exclusively or mainly for passenger transport;
(i) Oil and gas pipeline installations and pipelines for the transport of CO 2 streams for the purposes of geological
storage (projects not included in Annex I);
(j) Installations
of
long-distance
aqueducts;
(k) Coastal work to combat erosion and maritime works capable of altering the coast through the construction, for
example, of dykes, moles, jetties and other sea defence works, excluding the maintenance and reconstruction of
such works;
(l) Groundwater abstraction and artificial groundwater recharge schemes not included in Annex I;
(m) Works for the transfer of water resources between river basins not included in Annex I.

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Official Journal of the European Union
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11. OTHER PROJECTS
(a) Permanent racing and test tracks for motorised vehicles;
(b) Installations for the disposal of waste (projects not included in Annex I);
(c) Waste-water treatment plants (projects not included in Annex I);
(d) Sludge-deposition sites;
(e) Storage of scrap iron, including scrap vehicles;
(f) Test benches for engines, turbines or reactors;
(g) Installations for the manufacture of artificial mineral fibres;
(h) Installations for the recovery or destruction of explosive substances;
(i) Knackers’ yards.
12. TOURISM AND LEISURE
(a) Ski runs, ski lifts and cable cars and associated developments;
(b) Marinas;
(c) Holiday villages and hotel complexes outside urban areas and associated developments;
(d) Permanent campsites and caravan sites;
(e) Theme parks.
13. (a) Any change or extension of projects listed in Annex I or this Annex, already authorised, executed or in the
process of being executed, which may have significant adverse effects on the environment (change or extension
not included in Annex I);
(b) Projects in Annex I, undertaken exclusively or mainly for the development and testing of new methods or
products and not used for more than two years.

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Union L
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ANNEX III
SELECTION CRITERIA REFERRED TO IN ARTICLE 4(3)
1. CHARACTERISTICS OF PROJECTS
The characteristics of projects must be considered having regard, in particular, to:
(a) the size of the project;
(b) the cumulation with other projects;
(c) the use of natural resources;
(d) the production of waste;
(e) pollution and nuisances;
(f) the risk of accidents, having regard in particular to substances or technologies used.
2. LOCATION OF PROJECTS
The environmental sensitivity of geographical areas likely to be affected by projects must be considered, having regard,
in particular, to:
(a) the existing land use;
(b) the relative abundance, quality and regenerative capacity of natural resources in the area;
(c) the absorption capacity of the natural environment, paying particular attention to the following areas:
(i) wetlands;
(ii) coastal zones;
(iii) mountain and forest areas;
(iv) nature reserves and parks;
(v) areas classified or protected under Member States’ legislation; special protection areas designated by Member
States pursuant to Directive 2009/147/EC of the European Parliament and of the Council of 30 November
2009 on the conservation of wild birds ( 1 ) and to Council Directive 92/43/EEC of 21 May 1992 on the
conservation of natural habitats and of wild fauna and flora ( 2 );
(vi) areas in which the environmental quality standards laid down in Union legislation have already been
exceeded;
(vii) densely populated areas;
(viii) landscapes of historical, cultural or archaeological significance.
3. CHARACTERISTICS OF THE POTENTIAL IMPACT
The potential significant effects of projects must be considered in relation to criteria set out in points 1 and 2, and
having regard in particular to:
(a) the extent of the impact (geographical area and size of the affected population);
(b) the transfrontier nature of the impact;
(c) the magnitude and complexity of the impact;
(d) the probability of the impact;
(e) the duration, frequency and reversibility of the impact.
( 1 ) OJ L 20, 26.1.2010, p. 7.
( 2 ) OJ L 206, 22.7.1992, p. 7.

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Official Journal of the European Union
28.1.2012
ANNEX IV
INFORMATION REFERRED TO IN ARTICLE 5(1)
1. A description of the project, including in particular:
(a) a description of the physical characteristics of the whole project and the land-use requirements during the
construction and operational phases;
(b) a description of the main characteristics of the production processes, for instance, the nature and quantity of the
materials used;
(c) an estimate, by type and quantity, of expected residues and emissions (water, air and soil pollution, noise,
vibration, light, heat, radiation, etc.) resulting from the operation of the proposed project.
2. An outline of the main alternatives studied by the developer and an indication of the main reasons for this choice,
taking into account the environmental effects.
3. A description of the aspects of the environment likely to be significantly affected by the proposed project, including, in
particular, population, fauna, flora, soil, water, air, climatic factors, material assets, including the architectural and
archaeological heritage, landscape and the interrelationship between the above factors.
4. A description ( 1 ) of the likely significant effects of the proposed project on the environment resulting from:
(a) the existence of the project;
(b) the use of natural resources;
(c) the emission of pollutants, the creation of nuisances and the elimination of waste.
5. The description by the developer of the forecasting methods used to assess the effects on the environment referred to
in point 4.
6. A description of the measures envisaged to prevent, reduce and where possible offset any significant adverse effects on
the environment.
7. A non-technical summary of the information provided under headings 1 to 6.
8. An indication of any difficulties (technical deficiencies or lack of know-how) encountered by the developer in
compiling the required information.
( 1 ) This description should cover the direct effects and any indirect, secondary, cumulative, short, medium and long-term, permanent and
temporary, positive and negative effects of the project.

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EN
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ANNEX V
PART A
Repealed Directive with list of its successive amendments
(referred to in Article 14)
Council Directive 85/337/EEC
(OJ L 175, 5.7.1985, p. 40)
Council Directive 97/11/EC
(OJ L 73, 14.3.1997, p. 5)
Directive 2003/35/EC of the European Parliament and of the Council
Article 3 only
(OJ L 156, 25.6.2003, p. 17)
Directive 2009/31/EC of the European Parliament and of the Council
Article 31 only
(OJ L 140, 5.6.2009, p. 114)
PART B
List of time limits for transposition into national law
(referred to in Article 14)
Directive Time
limit
for
transposition
85/337/EEC 3
July
1988
97/11/EC 14
March
1999
2003/35/EC 25
June
2005
2009/31/EC 25
June
2011

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L 26/18
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Official Journal of the European Union
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ANNEX VI
Correlation table
Directive 85/337/EEC This
Directive
Article 1(1) Article
1(1)
Article 1(2), first subparagraph Article
1(2),
introductory
wording
Article 1(2), second subparagraph, introductory wording Article
1(2)(a),
introductory
wording
Article 1(2), second subparagraph, first indent Article
1(2),
point
(a),
first
indent
Article 1(2), second subparagraph, second indent Article
1(2),
point
(a),
second
indent
Article 1(2), third subparagraph Article
1(2),
point
(b)
Article 1(2), fourth subparagraph Article
1(2),
point
(c)
Article 1(2), fifth subparagraph Article
1(2),
point
(d)
Article 1(2), sixth subparagraph Article
1(2),
point
(e)
Article 1(3) Article
1(2),
point
(f)
Article 1(4) Article
1(3)
Article 1(5) Article
1(4)
Article 2(1) Article
2(1)
Article 2(2) Article
2(2)
Article 2(2a) Article
2(3)
Article 2(3) Article
2(4)
Article 3, introductory wording Article
3,
introductory
wording
Article 3, first indent Article
3,
point
(a)
Article 3, second indent Article
3,
point
(b)
Article 3, third indent Article
3,
point
(c)
Article 3, fourth indent Article
3,
point
(d)
Article 4 Article
4
Article 5(1) Article
5(1)
Article 5(2) Article
5(2)
Article 5(3), introductory wording Article
5(3),
introductory
wording
Article 5(3), first indent Article
5(3),
point
(a)
Article 5(3), second indent Article
5(3),
point
(b)
Article 5(3), third indent Article
5(3),
point
(c)
Article 5(3), fourth indent Article
5(3),
point
(d)
Article 5(3), fifth indent Article
5(3),
point
(e)
Article 5(4) Article
5(4)
Article 6 Article
6
Article 7(1), introductory wording Article
7(1),
first
subparagraph,
introductory
wording

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28.1.2012 Official
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Union L
26/19
Directive 85/337/EEC This
Directive
Article 7(1), point (a) Article
7(1),
first
subparagraph,
point
(a)
Article 7(1), point (b) Article
7(1),
first
subparagraph,
point
(b)
Article 7(1), final wording Article
7(1),
second
subparagraph
Article 7(2)-7(5) Article
7(2)-7(5)
Article 8 Article
8
Article 9(1), introductory wording Article
9,
introductory
wording
Article 9(1), first indent Article
9(1),
point
(a)
Article 9(1), second indent Article
9(1),
point
(b)
Article 9(1), third indent Article
9(1),
point
(c)
Article 9(2) Article
9(2)
Article 10 Article
10
Article 10a, first paragraph Article
11(1)
Article 10a, second paragraph Article
11(2)
Article 10a, third paragraph Article
11(3)
Article 10a, fourth and fifth paragraphs Article
11(4),
first
and
second
subparagraphs
Article 10a, sixth paragraph Article
11(5)
Article 11(1) Article
12(1)
Article 11(2) Article
12(2)
Article 11(3)
—
Article 11(4) Article
12(3)
Article 12(1)
—
Article 12(2) Article
13
— Article
14
— Article
15
Article 14 Article
16
Annex I, point 1 Annex
I,
point
1
Annex I, point 2, first indent Annex
I,
point
2(a)
Annex I, point 2, second indent Annex
I,
point
2(b)
Annex I, point 3(a) Annex
I,
point
3(a)
Annex I, point 3(b), introductory wording Annex
I,
point
3(b),
introductory
wording
Annex I, point 3(b), first indent Annex
I,
point
3(b)(i)
Annex I, point 3(b), second indent Annex
I,
point
3(b)(ii)
Annex I, point 3(b), third indent Annex
I,
point
3(b)(iii)
Annex I, point 3(b), fourth indent Annex
I,
point
3(b)(iv)
Annex I, point 3(b), fifth indent Annex
I,
point
3(b)(v)
Annex I, point 4, first indent Annex
I,
point
4(a)

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Official Journal of the European Union
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Directive 85/337/EEC This
Directive
Annex I, point 4, second indent Annex
I,
point
4(b)
Annex I, point 5 Annex
I,
point
5
Annex I, point 6, introductory wording Annex
I,
point
6,
introductory
wording
Annex I, point 6(i) Annex
I,
point
6(a)
Annex I, point 6(ii) Annex
I,
point
6(b)
Annex I, point 6(iii) Annex
I,
point
6(c)
Annex I, point 6(iv) Annex
I,
point
6(d)
Annex I, point 6(v) Annex
I,
point
6(e)
Annex I, point 6(vi) Annex
I,
point
6(f)
Annex I, points 7-15 Annex
I,
points
7-15
Annex I, point 16, introductory wording Annex
I,
point
16,
introductory
wording
Annex I, point 16, first indent Annex
I,
point
16(a)
Annex I, point 16, second indent Annex
I,
point
16(b)
Annex I, points 17-21 Annex
I,
points
17-21
Annex I, point 22 Annex
I,
point
24
Annex I, point 23 Annex
I,
point
22
Annex I, point 24 Annex
I,
point
23
Annex II, point 1 Annex
II,
point
1
Annex II, point 2(a), (b) and (c) Annex
II,
point
2(a),
(b)
and
(c)
Annex II, point 2(d), introductory wording Annex
II,
point
2(d),
introductory
wording
Annex II, point 2(d), first indent Annex
II,
point
2(d)(i)
Annex II, point 2(d), second indent Annex
II,
point
2(d)(ii)
Annex II, point 2(d), third indent Annex
II,
point
2(d)(iii)
Annex II, point 2(d), final wording Annex
II,
point
2(d),
final
wording
Annex II, point 2(e) Annex
II,
point
2(e)
Annex II, points 3-12 Annex
II,
points
3-12
Annex II, point 13, first indent Annex
II,
point
13(a)
Annex II, point 13, second indent Annex
II,
point
13(b)
Annex III, point 1, introductory wording Annex
III,
point
1,
introductory
wording
Annex III, point 1, first indent Annex
III,
point
1(a)
Annex III, point 1, second indent Annex
III,
point
1(b)
Annex III, point 1, third indent Annex
III,
point
1(c)
Annex III, point 1, fourth indent Annex
III,
point
1(d)
Annex III, point 1, fifth indent Annex
III,
point
1(e)
Annex III, point 1, sixth indent Annex
III,
point
1(f)
Annex III, point 2, introductory wording Annex
III,
point
2,
introductory
wording

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Directive 85/337/EEC This
Directive
Annex III, point 2, first indent Annex
III,
point
2(a)
Annex III, point 2, second indent Annex
III,
point
2(b)
Annex III, point 2, third indent, introductory wording Annex
III,
point
2(c),
introductory
wording
Annex III, point 2, third indent, point (a) Annex
III,
point
2(c)(i)
Annex III, point 2, third indent, point (b) Annex
III,
point
2(c)(ii)
Annex III, point 2, third indent, point (c) Annex
III,
point
2(c)(iii)
Annex III, point 2, third indent, point (d) Annex
III,
point
2(c)(iv)
Annex III, point 2, third indent, point (e) Annex
III,
point
2(c)(v)
Annex III, point 2, third indent, point (f) Annex
III,
point
2(c)(vi)
Annex III, point 2, third indent, point (g) Annex
III,
point
2(c)(vii)
Annex III, point 2, third indent, point (h) Annex
III,
point
2(c)(viii)
Annex III, point 3, introductory wording Annex
III,
point
3,
introductory
wording
Annex III, point 3, first indent Annex
III,
point
3(a)
Annex III, point 3, second indent Annex
III,
point
3(b)
Annex III, point 3, third indent Annex
III,
point
3(c)
Annex III, point 3, fourth indent Annex
III,
point
3(d)
Annex III, point 3, fifth indent Annex
III,
point
3(e)
Annex IV, point 1, introductory wording Annex
IV,
point
1,
introductory
wording
Annex IV, point 1, first indent Annex
IV,
point
1(a)
Annex IV, point 1, second indent Annex
IV,
point
1(b)
Annex IV, point 1, third indent Annex
IV,
point
1(c)
Annex IV, points 2 and 3 Annex
IV,
points
2
and
3
Annex IV, point 4, introductory wording Annex
IV,
point
4,
first
subparagraph,
introductory
wording
Annex IV, point 4, first indent
Annex IV, point 4, first subparagraph, point (a)
Annex IV, point 4, second indent
Annex IV, point 4, first subparagraph, point (b)
Annex IV, point 4, third indent
Annex IV, point 4, first subparagraph, point (c)
Annex IV, point 4, final wording Annex
IV,
point
5
Annex IV, point 5 Annex
IV,
point
6
Annex IV, point 6 Annex
IV,
point
7
Annex IV, point 7 Annex
IV,
point
8
— Annex
V
— Annex
VI

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