Interaction Between EIA and Habitas Directive Workshop in Trier
Interaction between the Environmental Impact Assessment (EIA) and the Habitas Directive is discussed in a workshop held in Trier. The workshop covers topics such as geographical scope, adverse effects, public interest considerations, and transboundary effects. Legal implications and challenges are also addressed.
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Presentation Transcript
Case Study on interaction between the EIA and the Habitas Directive Comments to the solution Workshop in Trier, 17 19 March 2014 1
1. Question a) EIA Annex I 2. (a) and 24. to the Directive (if 300 or more MW) or Annex II 3. (a) b) FFH See: EU Commission s guidance MANAGING NATURA 2000 SITES The provisions of Article 6 of the Habitats Directive 92/43/EEC Workshop in Trier, 17 19 March 2014 2
Page 31 As regards geographical scope, the provisions of Article 6(3) are not restricted to plans and projects which exclusively occur in or cover a protected site; they also target developments situated outside the site but likely to have a significant effect on it. 2. Question Principally national law applies, but Interpretation consistent with the Directive In case of conflict: Eventually direct effect of the Directive Workshop in Trier, 17 19 March 2014 3
3. Question a) Adversely effect , yes b) Absence of alternative solutions, yes (extension!) c) Imperative reasons of overriding public interest ? EU Commission s guidance, page 43: Thus, projects that lie entirely in the interest of companies or individuals would not be considered to be covered. Security of energy supply = public interest 4. Question A condition to the permit is better than refusal. Workshop in Trier, 17 19 March 2014 4
5. Question Procedural autonomy of the Member States (MS) 6. Question Procedural autonomy of the MS. Such a consequence seems not to be requested by EU law. 7. Question Transboundary effect: See Article 7 EIA Directive Insufficient EIA: Case C-72/12, Altrip, 7 November 2013 Challenge of a irregularly carried out EIA cannot be excluded Workshop in Trier, 17 19 March 2014 5
Condition of causality permissible But: Burden of proof (of a casual link) must not fall on the applicant 8. Question The NGO has no damage 9. Question - Judicial restraint? - Procedural autonomy of the MS? - Problematic! 10. Question The answer depends on the solution according to the national law Workshop in Trier, 17 19 March 2014 6
