EIA Directive Transport projects and project modifications Cohesion Fund Workshop 24-25 February...

EIA Directive

Transport projectsand

project modifications

Cohesion Fund Workshop24-25 February 2005, Prague

European Commission DG Environment – Unit D3

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• The Commission scrutinises all applications to ensure all relevant laws are observed.

• DG Env examines certain projects to ensure the environmental directives have been properly applied.

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Problems

• Modernisation schemes (railway tracks, signalling)

• Upgrading (higher speed)

• Widening (roads or railways)

How should these be treated for EIA?

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Transport projects frequent issues

• Salami slicing

splitting projects into sub- sections so that they fall below screening thresholds

• Project splitting

dividing projects up to reduce alternatives

Result: projects could damage the environment and exceed MS’s discretion.

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Transport projects - tips

• Cumulative effects of projects must be considered:

1. in screening 2. in the environmental information (“report”)

• EIA must cover alternatives – addressed in the environmental information – included in the NTS– public consulted on them

(but in future, SEA may encourage more radical choices to be explored).

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Project Modifications

• Annex II (13) Changes or extensions of Annex I and II projects that may have significant adverse effects on the environment

After June 05

• Annex I (22) changes or extensions of Annex I projects meeting Annex I thresholds (if any)

• Annex II (13) changes or extensions of Annex I and II projects that may have significant adverse effects on the environment not included in Annex I

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Project Modifications - tips • Upgrading of roads, railways

C- 227/01 Comm v Spain

• Consider short term effects, too

construction phase

• From June 2005 take account of both Annex I (22) or Annex II(13)

Always use environmental significance of effects as the guiding principle !