Scoping, Reporting and Monitoring under the EIA Directive

The aim of this e-presentation is to give a comprehensive overview of the scoping, reporting and monitoring under the EIA Directive. Particular emphasis is given to the steps of the scoping process, the assessment of alternatives and the provisions for the EIA report and monitoring. The second part of this e-presentation completes the general picture by giving a solid analysis of the Dutch experience in the field of scoping, assessment of alternatives, monitoring and reporting based on the national legal framework, the relevant case law and several examples.

Peter Vajda 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.