For immediate release: 26
October 2012
The European Environmental
Bureau (EEB) and Justice & Environment (J&E) have welcomed the European
Commission proposal for a revision of the EU Directive on Environmental Impact
Assessment (EIA) released earlier today [1]. Both NGO federations consider that
the proposal in many respects represents an improvement on the existing
Directive, attempting to address many of the shortcomings they have criticised
over the years, but are concerned that a number of shortcomings remain,
especially relating to public involvement in the process.
The criteria for whether or
not a project should have an EIA are now more specific. The proposed text
includes new aspects to be taken into account, such as impacts on
climate change, and more comprehensive analysis of environmental impacts.
. Once the project is under way, the proposal then provides for monitoring of
the environmental impact, though this is still not a requirement for all
projects.
Jeremy
Wates, EEB
Secretary General reacted: “For years, developers have got away with avoiding
having the environmental impact of projects taken into account by splitting up
projects into small parts; otherwise known as ‘salami slicing’. The EEB is happy
to see that today’s proposal deals with this by examining the accumulation of
impacts of multiple projects by the same or different developers.”
However he added that more remains to be done to bring the directive into
the 21st century: “This proposal makes no attempt to deal with the
bizarre situation whereby the project developer is under no obligation to
guarantee that the EIA is carried out before the project starts.”
Despite some improvements
in many aspects the proposal remains in contravention of the Aarhus Convention.
There is no provision to halt projects while court cases are pending: something
which is both unacceptable and in breach of the
Convention.
"This proposal lacks any
improvement regarding access to justice or public participation even though the
case law of the European Court of Justice and the Compliance Committee of the
UN-ECE Aarhus Convention both found that it should do”, states Thomas
Alge, Chair of the association Justice and Environment, representing NGOs
focussing on environmental law and litigation in various EU member states.
"Among other things it is not acceptable that NGOs are not explicitly
entitled to participate and challenge screening procedures for projects. This
means public participation rights remain in breach of the international
obligations of the EU and its Member States."
ENDS
[1] The Environmental Impact
Assessment (EIA) Directive (85/337/EEC) came into force in 1985 and has served
since then as a key instrument of EU environmental policy. The purpose of the
Directive is to ensure that projects affecting infrastructure, dams, industrial
plants, quarries etc which are likely to have significant effects on the
environment are assessed and alternatives taken into consideration.
[2] 1998 Convention on
Access to Information, Public Participation in Decision-making and Access to
Justice in Environmental Matters, adopted under the auspices of the United
Nations Economic Commission for Europe.
[3] European Commission
Press Release: http://europa.eu/rapid/press-release_IP-12-1158_en.htm?locale=en
[5] 2012 Justice and
Environment study on Aarhus Conventions implications on the EIA
directive:
[6] Proposed amendment text
of the EIA directive:
Contact:
Regina
Schneider
EEB Head of Communications, Enforcement co-ordinator
+32 (0) 2289 10
95
Thomas Alge, Justice and Environment,
+43 699 102-95-159; Thomas.alge@oekobuero.at;
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