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EIA Directive
Transport projectsand
project modifications
Cohesion Fund Workshop24-25 February 2005, Prague
European Commission DG Environment – Unit D3
Cohesion Fund Workshop - Prague, 24-25 February 2005 2
• 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.
Cohesion Fund Workshop - Prague, 24-25 February 2005 3
Problems
• Modernisation schemes (railway tracks, signalling)
• Upgrading (higher speed)
• Widening (roads or railways)
How should these be treated for EIA?
Cohesion Fund Workshop - Prague, 24-25 February 2005 4
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.
Cohesion Fund Workshop - Prague, 24-25 February 2005 5
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).
Cohesion Fund Workshop - Prague, 24-25 February 2005 6
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
Cohesion Fund Workshop - Prague, 24-25 February 2005 7
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 !