Opinion of Advocate General Gulmann delivered on 3 May 1994

1 Original language: Danish.

2 OJ 1985 L 175, p. 40.

3 Article 5(1) and (2) is worded as follows:1. In the case of projects which, pursuant to Article 4, must be subjected to an environmental impact assessment in accordance with Articles 5 to 10, Member States shall adopt the necessary measures to ensure that the developer supplies in an appropriate form the information specified in Annex HI inasmuch as: (a) the Member States consider that the information is relevant to a given stage of the consent procedure and to the specific characteristics of a particular project or type of project and of the environmental features likely to be affected; (b) the Member States consider that a developer may reasonably be required to compile this information having regard inter alia to current knowledge and methods of assessment. 2. The information to be provided by the developer in accordance with paragraph 1 shall include at least: a description of the project comprising information on the site, design and size of the project, a description of the measures envisaged in order to avoid, reduce and, if possible, remedy significant adverse effects, the data required to identify and assess the main effects which the project is likely to have on the environment, a non-technical summary of the information mentioned in indents 1 to 3.

4 Article 6(1) and (2) is worded as follows: 1. Member States shall take the measures necessary to ensure that the authorities likely to be concerned by the project by reason of their specific environmental responsibilities are given an opportunity to express their opinion on the request for development consent. Member States shall designate the authorities to be consulted for this purpose in general terms or in each case when the request for consent is made ... 2. Member States shall ensure that: any request for development consent and any information gathered pursuant to Article 5 are made available to the public, the public concerned is given the opportunity to express an opinion before the project is initiated

5 Paragraph 22(1) is worded as follows: Transitional provision: (1) Procedures already initiated arc to be completed in accordance with this Law, and the legal and administrative provisions laid down pursuant hereto, if public notice of the project has not yet been given when the law comes into force or when the Law first becomes applicable to the projects referred to in Points 1 and 2 of the annex to Paragraph 3; the same applies when, in connection with a procedure, a preliminary decision is to be adopted or a first part-consent or equivalent first part-authorization granted. If, in a procedure in which the public is to be consulted, a decision is to adopted concerning further part-consent or equivalent part-authorization, these rules shall apply subject to the proviso that assessment of the effects on the environment in the subsequent procedures should be confined to additional or other significant effects on the environment.

6 See in the judgment in Case C-157/91 Commission v Netherlands [1992] ECR I-5899.

7 See COM(93) 28.

8 See Paragraph 2.1 of the Report.

9 See Paragraph 3.2 of the Report.

10 That is emphasized in the Commission's Report, where the term EIA describes the total environmental impact assessment process (see Footnote I to the Report).

11 See the Commission's Report, Point 2.2, third paragraph.

12 Sec Annex I to the EIA Directive.

13 Article 2(3) provides:Member States may, in exceptional cases, exempt a specific project in whole or in part from the provisions laid down in this Directive. In this event, the Member States shall: (a) consider whether another form of assessment would be appropriate and whether the information thus collected should be made available to the public; (b) make available to the public concerned the information relating to the exemption and the reasons for granting it; (c) inform the Commission, prior to granting consent, of the reasons justifying the exemption granted, and provide it with the information made available, where appropriate, to their own nationals. The Commission shall immediately forward the documents received to the other Member States. The Commission shall report annually to the Council on the application of this paragraph.

14 As mentioned above, in its Report on the directive's implementation, the Commission referred to the directive's character as a framework directive and in addition listed the important points on which the Member States must necessarily comply with the directive in order to enable an environmental impact assessment to be fully implemented in cases covered by the directive

15 The Court will to some extent have cause to examine that question in the action for breach of the Treaty brought by the Commission against Germany, in which the Commission claims that Germany has infringed certain provisions of the directive in connection with consent for extension of a power station (Case C-431/92 Grosskrotzenburg).

16 See Point II, 2(d) of the order for reference.

17 The definition is worded as follows:the execution of construction works or of other installations or schemes and other interventions in the natural surroundings and landscape including those involving the extraction of mineral resources.