The Environmental Impact Assessment (EIA) Directive is a cornerstone of the European Union’s environmental policy. It aims to ensure that environmental considerations are integrated into decision-making for projects that are likely to have significant effects on the environment.
Through the EIA Directive, environmental protection is systematically embedded into project planning across the EU, contributing to sustainable development and enhanced public participation.
Historical Background
EU Directives are legal acts requiring member states to achive particular goals, without dictating how the goals are achieved.
The first EIA Directive (Directive 85/337/EEC) was adopted in 1985 and has undergone several amendments to strengthen its provisions and adapt to emerging environmental challenges. Key milestones include:
- 1997 (Directive 97/11/EC): Expanded the range of projects subject to EIA and introduced clearer screening procedures.
- 2003 (Directive 2003/35/EC): Aligned the Directive with the Aarhus Convention, improving public participation and access to justice.
- 2009 (Directive 2009/31/EC): Included projects related to carbon capture and storage.
Main Law:
- 2011 (Directive 2011/92/EU): A codified version consolidating previous amendments.
- 2014 (Directive 2014/52/EU): Consolidated amendment of the 2011 Directive, that modernized the EIA process by enhancing quality control, addressing climate change, biodiversity, and disaster risks, and streamlining procedures.
These reforms have made the EIA process more efficient, transparent, and better aligned with evolving environmental and societal expectations.
Project’s Classification
The EU EIA Directive does not explicitly classify projects by “type of EIA”, but it does establish two main categories of projects, which in effect lead to different types of EIA procedures depending on the project’s characteristics:
1. Annex I Projects – Mandatory EIA
These are projects automatically subject to a full EIA. No screening is needed as an EIA is required without further evaluation. The Directive presumes that these projects are likely to have significant effects on the environment due to their nature, scale, or location. These include large-scale developments such as:
- Oil refineries
- Thermal power stations
- Motorways and express roads
- Large-scale waste disposal installations
- Dams and reservoirs
These projects are reviewed and approved by the EU Directive.
2. Annex II Projects – Screening Required
These projects may or may not require an EIA depending on the potential environmental impact, which must be assessed either by case-by-case (by a competent authority), or based on thresholds or criteria set by the Member State where the project will be developed.
Member States are responsible for determining whether Annex II projects require an EIA, using criteria set out in Annex III, which includes factors such as project size, location sensitivity, and potential impact magnitude. Examples include:
- Urban development projects
- Intensive agriculture installations
- Wind farms
- Industrial facilities not covered by Annex I
These projects are reviewed and approved by the national authority.
Role of Member States
While Annex I projects fall under mandatory EU-wide EIA requirements, Annex II projects are subject to screening by the competent authorities of each Member State. Consequently, national regulations play a significant role in defining thresholds, setting criteria for assessment, and establishing procedures. This means that similar projects may require different EIA processes depending on the jurisdiction within the EU, although all must adhere to the minimum standards set by the Directive.
40 Years of Legacy
The European EIA Directive has provided a robust legal framework for integrating environmental considerations into project planning for nearly 40 years. Through its structured and evolving provisions, it ensures that significant environmental impacts are assessed before decisions are made. The Directive not only promotes sustainable development but also upholds the rights of EU citizens to participate in environmental decision-making.
The Environment Consultant 