The Place of Environmental Impact Assessment in Decision-Making

The aim of this e-presentation is to give a thorough overview of the place of environmental impact assessment (EIA) in decision-making. The first part focuses on EIA conclusions in multiple-stage development consent, with particular emphasis on development control procedures in the EU, the main challenges of multiple-stage development consent procedures, as well as the general rule on “early public participation” under the Aarhus Convention. The second part sheds light on EIA conclusions in the one-stop-shop approach, focusing on EIA in Dutch legislation, which constitutes a representative example in this field.

Jerzy Jendroska and Gijs Hoevenaars

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Question 1 of 3

Question 1: Under Art 4(2) of the Information Society Directive (Directive 2009/29) , the distribution right shall not be exhausted:

within the Community in respect of the original or copies of the work, except where the first sale or other transfer of ownership in the Community of that object is made by the right holder or with his consent.

at international level in respect of the original or copies of the work, except where the first sale or other transfer of ownership of that object is made by the right holder or with his consent.

within the Community in respect of the original of the work, except where the first sale or other transfer of ownership in the Community of that object is made by the right holder and without his consent.

Question 2 of 3

Question 2: According to the Information Society Directive, exhaustion of the distribution right applies:

to the intangible object of a protected work.

to the tangible object of a protected work.

to both intangible and tangible object of a protected work.

Question 3 of 3

Question 3: In order to avoid infringement of reproduction right, the original acquirer reselling copy of a computer program:

must make own copy unusable.

must make own copy usable for a limited time period.

must save a copy of the work.