Chapters

• Activities subject to EIA - screening
• Some questions… (1/4)
• Some questions… (2/4)
• Some questions… (3/4)
• Some questions… (4/4)
• What is screening?
• Article 2 tells us for which projects an EIA is required (1/2)
• Article 2 tells us for which projects an EIA is required (2/2)
• When is a particular project ‘likely to have significant effects on the environment’?
• Which projects shall be made subject to an EIA?
• Article 4
• ANNEX I
• Screeening
• Examples (1/4)
• Examples (2/4)
• Examples (3/4)
• Examples (4/4)
• Is a particular project ‘likely to have significant effects on the environment’? (1/3)
• Is a particular project ‘likely to have significant effects on the environment’? (2/3)
• Is a particular project ‘likely to have significant effects on the environment’? (3/3)
• The purpose of screening
• ANNEX II
• Projects referred to in Article 4(2)
• Extraktive industry
• The energy industry, the production and processing of metals, the mineral industry...
• How to screen??? (1/2)
• How to screen??? (2/2)
• Criterias in case-by-case examination or thresholds or criteria are set
• ANNEX III (1/3)
• ANNEX III (2/3)
• ANNEX III (3/3)
• Projects not in need of screening… A 4 (3)
• The screening process: who is doing what? And when?
• The developer (1/2)
• The developer (2/2)
• Competent Authority (1/2)
• Competent Authority (2/2)
• What to screen?
• What is a ‘Project’? (1/3)
• What is a ‘Project’? (2/3)
• What is a ‘Project’? (3/3)
• Case C-2/07 Abraham and Others (1/2)
• Case C-2/07 Abraham and Others (2/2)
• EUCJ
• However!
• It is for the the national court to determine whether an agreement constitutes a development consent
• In addition
• …the EIA must be carried out as soon as it is possible to identify and assess all the effects on the environment (1/2)
• …the EIA must be carried out as soon as it is possible to identify and assess all the effects on the environment (1/2)
• The national court should be reminded (1/3)
• The national court should be reminded (2/3)
• The national court should be reminded (3/3)
• Are works to modify the infrastructure of an existing airport a “project”?
• What is a ‘Project’? What is a consent?
• May demolition works constitute a project?
• How much can the Member States determine?
• Limits of screening discretion
• Criterias in case-by-case examination or thresholds or criteria are set
• All Annex III criteria to be used – not only size
• Certain Annex II projects excluded from an EIA in advance - Case C-133/94 Commission v. Belgium (1/4)
• Certain Annex II projects excluded from an EIA in advance - Case C-133/94 Commission v. Belgium (2/4)
• Certain Annex II projects excluded from an EIA in advance - Case C-133/94 Commission v. Belgium (3/4)
• Certain Annex II projects excluded from an EIA in advance - Case C-133/94 Commission v. Belgium (4/4)
• A 2 (5)
• Joined Cases C-128/09 to C-131/09, C-134/09, and C-135/09, Boxus and others
• Summary of screening
• The questions again… - What is “screening”?
• What is the purpose of “screening”?
• How to carry out screening?
• What constitutes a ”project” within the meaning of the EIA directive?
• Can an agreement be seen as a project? (1/2)
• Can an agreement be seen as a project? (2/2)
• Can projects be excluded by national law?
• When must an EIA be carried out where national law provides that the consent procedure is to be carried out in several stages?
• Is it possible for developer to split projects to avoid and EIA?
• Should cumulative effects be considered?
• Is there a kind of relation between the splitting of projects and cumulative effects? (1/2)
• Is there a kind of relation between the splitting of projects and cumulative effects? (2/2)
• Some case law in summary - The EIA Directive has a wide scope and a broad purpose
• Some case law in summary - Concept of ”project”
• Some case law in summary - All Annex III criteria to be used
• Some case law in summary - Cumulative assessment and no splitting