ECJ Directive 2001/42/EC – Assessment of the effects of certain plans and programs on the environment – Directive 91/676/EEC – Protection of waters against pollution caused by nitrates from agricultural sources – Action Programmes on the designated vulnerable zones
AG Kokott set out the background to the SEA Directive, saying: ‘The specific objective pursued by the assessment of plans and programmes is evident from the legislative background: the SEA Directive complements the EIA Directive, which is more than ten years older and concerns the consideration of effects on the environment when development consent is granted for projects.
The application of the EIA Directive revealed that, at the time of the assessment of projects, major effects on the environment are already established on the basis of earlier planning measures (Proposal for a Council directive on the assessment of the effects of certain plans and programmes on the environment, COM(96) 511 final, p 6). Whilst it is true that those effects can thus be examined during the environmental impact assessment, they cannot be taken fully into account when development consent is given for the project. It is therefore appropriate for such effects on the environment to be examined at the time of preparatory measures and taken into account in that context.’
Judges:
Mme Juliane Kokott AG
Citations:
C-105/09, [2010] EUECJ C-105/09 – O, [2010] I-ECR 5611
Links:
Statutes:
Directive 91/676/EEC, Directive 2001/42/EC
Jurisdiction:
European
Cited by:
Opinion – Earth Walloon ASBL v Walloon Region; Inter-Environnement Wallonie ASBL v Walloon Region ECJ 17-Jun-2010
ECJ Directive 2001/42/EC – Assessment of the effects of certain plans and programmes on the environment – Directive 91/676/EEC – Protection of waters against pollution caused by nitrates from agricultural sources . .
Cited – Walton v The Scottish Ministers SC 17-Oct-2012
The appellant, former chair of a road activist group, challenged certain roads orders saying that the respondent had not carried out the required environmental assessment. His claim was that the road had been adopted without the consultation . .
Lists of cited by and citing cases may be incomplete.
Environment
Updated: 14 November 2022; Ref: scu.403462