Framework environmental management plan

Environmental Impact Assessment

Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment ¹ requires that all projects which are likely to have significant effects on the environment by virtue, inter alia, of their nature, size or location must be made subject to an environmental impact assessment (EIA) before development consent is granted. Annex I to the Directive lists those projects for which an EIA will always be required. In comparison, Annex II lists projects which may require an EIA. In determining whether an Annex II project will require an EIA, the criteria set out in Annex III must be taken into account by the competent authority when making this screening decision.
Where an EIA is required, it shall identify, describe and assess the direct and indirect effects of a project on the population, flora and fauna; soil, water, air, climate and the landscape; material assets and cultural heritage. It will also assess the interactions between these factors.
Project developers must submit to the competent authority a notification pursuant to Annex no. 1 to MO no. 135/2010, to include all the relevant information for the project concerned (not all projects will be subject to the full environmental impact assessment). For projects requiring an EIM, the notification will include:

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  Description of the project;
  
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  Outline of the main alternatives studied by the developer and an indication of the main reasons for this choice, taking into account the environmental effects;
  
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  Description of the environmental aspects likely to be significantly affected by the proposed project, including, in particular, the population, fauna, flora, soil, water, air, climatic factors, material assets, including the architectural and archaeological heritage, landscape and the interrelationship between the above factors;
  
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  Description of the likely significant effects of the proposed project on the environment;
  
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  Description by the developer of the forecasting methods used to assess the effects on the environment;
  
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  Description of the measures envisaged to prevent, reduce and where possible offset any significant adverse effects on the environment
  
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  Non-technical summary of the information provided as above;
  
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  Indication of any difficulties (technical deficiencies or lack of know-how) encountered by the developer in compiling the required information.
  

The Directive requires that the public and environmental authorities are given an opportunity to comment on the environmental statement before a decision is made. The competent authority must take any such comments into account before making its decision whether to grant or refuse the development consent. The environmental statement, the decision including reasons and conditions, and a description, where necessary, of the main measures to avoid, reduce and, if possible, offset the major adverse effects must be made available to the public.

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