Interpretation of definitions of project categories of annex I and II of the EIA Directive

The objective of Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment (the Environmental Impact Assessment, or EIA, Directive) is to ensure that projects that are likely to have a significant effect on the environment are adequately assessed before they are approved. Before any decision is taken to allow such a project to proceed, the possible impacts it may have on the environment (either from its construction or operation) are to be identified and assessed. The Directive also ensures the participation of environmental authorities and the public in environmental decisionmaking procedures. In particular, members of the public concerned must be given the opportunity to comment on any proposal while all options are still open, i.e. before a final decision is taken by the competent authority on a request for development consent. When approving a project, the competent authority is required to take into consideration the results of consultations and to inform the public, notably on the measures envisaged to avoid, reduce or compensate for environmental impacts. The public must be informed of the development decision and can challenge it before the courts. In 2014, the EIA Directive was amended. While the amendment did not change the project categories in Annex I and II to the Directive, it introduced changes that aim at better protection for the environment while at the same time reducing administrative burdens stemming from EU law, in line with the European Commission's drive for smarter regulation. The amendments relevant for this document are mentioned herein. To this end, this document can be of help to Member States in transposing the amending Directive, due by 16 May 2017.