OCENA (RAPORT) ODDZIAŁYWANIA NA ŚRODOWISKO
Podstawowym dokumentem wydanym przez Unię Europejską dotyczącą
ocen oddziaływania na środowisko jest dyrektywa określająca wpływ
na środowisko naturalne. Jej brzmienie zamieszczamy poniżej. Wszystkie
OOŚ muszą spełniać wymagania poniższego dokumentu.
WYKONUJEMY OCENY (RAPORTY) ODDZIAŁYWANIA NA ŚRODOWISKO
Wprowadzenie nowych regulacji prawnych w zakresie
ochrony środowiska istotnie rozszerzyło zakres ocen, obejmując
m.in. obok przedsięwzięć inwestycyjnych również projekty dokumentów
o charakterze programowym i planistycznym, wprowadzając procedury
wymagające przeprowadzania postępowania w sprawie oceny oddziaływania
na środowisko z powszechnym dostępem społeczeństwa do informacji
oraz możliwością udziału społecznego w postępowaniu.
Ocena oddziaływania na środowisko jest opracowaniem
techniczno przyrodniczym. Celem wykonania OCENY ODDZIAŁYWANIA
NA ŚRODOWISKO jest analiza możliwości realizacji inwestycji w
sposób bezpieczny dla środowiska. Dzięki przeprowadzonej analizie,
inwestor otrzymuje dowód możliwosći realizacji projektu pod kontem
ochrony środowiska.
Zainteresowanych wykonaniem OCENY ODDZIAŁYWANIA
NA ŚRODOWISKO prosimy o kontakt.
dotyczy: OCENA ODDZIAŁYWANIA NA ŚRODOWISKO
Council Directive 85/337/EEC of 27
June 1985
on the assessment of the effects of certain public and private
projects on the environment
OJ No L175 p. 40, 1985/07/05 385L0337
#PreCOUNCIL DIRECTIVE of 27 June 1985 on the assessment of the
effects of certain public and private projects on the environment
(85/337/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard
to the Treaty establishing the European Economic Community, and
in particular Articles 100 and 235 thereof, Having regard to the
proposal from the Commission (1), Having regard to the opinion
of the European Parliament (2), Having regard to the opinion of
the Economic and Social Committee (3), Whereas the 1973 (4) and
1977 (5) action programmes of the European Communities on the
environment, as well as the 1983 (6) action programme, the main
outlines of which have been approved by the Council of the European
Communities and the representatives of the Governments of the
Member States, stress that the best environmental policy consists
in preventing the creation of pollution or nuisances at source,
rather than subsequently trying to counteract their effects whereas
they affirm the need to take effects on the environment into account
at the earliest possible stage in all the technical planning and
decision-making processes whereas to that end, they provide for
the implementation of procedures to evaluate such effects Whereas
the disparities between the laws in force in the various Member
States with regard to the assessment of the environmental effects
of public and private projects may create unfavourable competitive
conditions and thereby directly affect the functioning of the
common market whereas, therefore, it is necessary to approximate
national laws in this field pursuant to Article 100 of the Treaty
Whereas, in addition, it is necessary to achieve one of the Community's
objectives in the sphere of the protection of the environment
and the quality of life Whereas, since the Treaty has not provided
the powers required for this end, recourse should be had to Article
235 of the Treaty Whereas general principles for the assessment
of environmental effects should be introduced with a view to supplementing
and coordinating development consent procedures governing public
and private projects likely to have a major effect on the environment
Whereas development consent for public and private projects which
are likely to have significant effects on the environment should
be granted only after prior assessment of the likely significant
environmental effects of these projects has been carried out whereas
Page 1, 3 Apr 00 Download from OJCD, 3 Apr 00 this assessment
must be conducted on the basis of the appropriate information
supplied by the developer, which may be supplemented by the authorities
and by the people who may be concerned by the project in question
Whereas the principles of the assessment of environmental effects
should be harmonized, in particular with reference to the projects
which should be subject to assessment, the main obligations of
the developers and the content of the assessment Whereas projects
belonging to certain types have significant effects on the environment
and these projects must as a rule be subject to systematic assessment
Whereas projects of other types may not have significant effects
on the environment in every case and whereas these projects should
be assessed where the Member States consider that their characteristics
so require Whereas, for projects which are subject to assessment,
a certain minimal amount of information must be supplied, concerning
the project and its effects Whereas the effects of a project on
the environment must be assessed in order to take account of concerns
to protect human health, to contribute by means of a better environment
to the quality of life, to ensure maintenance of the diversity
of species and to maintain the reproductive capacity of the ecosystem
as a basic resource for life Whereas, however, this Directive
should not be applied to projects the details of which are adopted
by a specific act of national legislation, since the objectives
of this Directive, including that of supplying information, are
achieved through the legislative process Whereas, furthermore,
it may be appropriate in exceptional cases to exempt a specific
project from the assessment procedures laid down by this Directive,
subject to appropriate information being supplied to the Commission,
HAS ADOPTED THIS DIRECTIVE: 385L0337#Art 1Article 1 1.This Directive
shall apply to the assessment of the environmental effects of
those public and private projects which are likely to have significant
effects on the environment. 2.For the purposes of this Directive:
'project' means: -the execution of construction works or of other
installations or schemes, -other interventions in the natural
surroundings and landscape including those involving the extraction
of mineral resources 'developer' means: the applicant for authorization
for a private project or the public authority which initiates
a project 'development consent' means: Page 2, 3 Apr 00 Download
from OJCD, 3 Apr 00 the decision of the competent authority or
authorities which entitles the developer to proceed with the project.
3.The competent authority or authorities shall be that or those
which the Member States designate as responsible for performing
the duties arising from this Directive. 4.Projects serving national
defence purposes are not covered by this Directive. 5.This Directive
shall not apply to projects the details of which are adopted by
a specific act of national legislation, since the objectives of
this Directive, including that of supplying information, are achieved
through the legislative process. 385L0337#Art 2Article 2 1.Member
States shall adopt all measures necessary to ensure that, before
consent is given, projects likely to have significant effects
on the environment by virtue inter alia, of their nature, size
or location are made subject to an assessment with regard to their
effects. These projects are defined in Article 4. 2.The environmental
impact assessment may be integrated into the existing procedures
for consent to projects in the Member States, or, failing this,
into other procedures or into procedures to be established to
comply with the aims of this Directive. 3.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. 385L0337#Art 3Article 3 The environmental impact assessment
will identify, describe and assess in an appropriate manner, in
the light of each individual case and in accordance with the Articles
4 to 11, the direct and indirect effects of a project on the following
factors: -human beings, fauna and flora, -soil, water, air, climate
and the landscape, -the inter-action between the factors mentioned
in the first and Page 3, 3 Apr 00 Download from OJCD, 3 Apr 00
second indents, -material assets and the cultural heritage. 385L0337#Art
4Article 4 1.Subject to Article 2 (3), projects of the classes
listed in Annex I shall be made subject to an assessment in accordance
with Articles 5 to 10. 2.Projects of the classes listed in Annex
II shall be made subject to an assessment, in accordance with
Articles 5 to 10, where Member States consider that their characteristics
so require. To this end Member States may inter alia specify certain
types of projects as being subject to an assessment or may establish
the criteria and/or thresholds necessary to determine which of
the projects of the classes listed in Annex II are to be subject
to an assessment in accordance with Articles 5 to 10. 385L0337#Art
5Article 5 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 III 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. 3.Where they consider it necessary,
Member States shall ensure that any authorities with relevant
information in their possession make this information available
to the developer. 385L0337#Art 6Article 6 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. The information
gathered pursuant to Article 5 shall be Page 4, 3 Apr 00 Download
from OJCD, 3 Apr 00 forwarded to these authorities. Detailed arrangements
for consultation shall be laid down by the Member States. 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. 3.The detailed
arrangements for such information and consultation shall be determined
by the Member States, which may in particular, depending on the
particular characteristics of the projects or sites concerned:
-determine the public concerned, -specify the places where the
information can be consulted, -specify the way in which the public
may be informed, for example by bill-posting within a certain
radius, publication in local newspapers, organization of exhibitions
with plans, drawings, tables, graphs, models, -determine the manner
in which the public is to be consulted, for example, by written
submissions, by public enquiry, -fix appropriate time limits for
the various stages of the procedure in order to ensure that a
decision is taken within a reasonable period. 385L0337#Art 7Article
7 Where a Member State is aware that a project is likely to have
significant effects on the environment in another Member State
or where a Member State likely to be significantly affected so
requests, the Member State in whose territory the project is intended
to be carried out shall forward the information gathered pursuant
to Article 5 to the other Member State at the same time as it
makes it available to its own nationals. Such information shall
serve as a basis for any consultations necessary in the framework
of the bilateral relations between two Member States on a reciprocal
and equivalent basis. 385L0337#Art 8Article 8 Information gathered
pursuant to Articles 5, 6 and 7 must be taken into consideration
in the development consent procedure. 385L0337#Art 9Article 9
When a decision has been taken, the competent authority or authorities
shall inform the public concerned of: -the content of the decision
and any conditions attached thereto, -the reasons and considerations
on which the decision is based where the Member States' legislation
so provides. The detailed arrangements for such information shall
be determined by the Member States. If another Member State has
been informed pursuant to Article 7, it will also be informed
of the decision in question. 385L0337#Art 10Article 10 Page 5,
3 Apr 00 Download from OJCD, 3 Apr 00 The provisions of this Directive
shall not affect the obligation on the competent authorities to
respect the limitations imposed by national regulations and administrative
provisions and accepted legal practices with regard to industrial
and commercial secrecy and the safeguarding of the public interest.
Where Article 7 applies, the transmission of information to another
Member State and the reception of information by another Member
State shall be subject to the limitations in force in the Member
State in which the project is proposed. 385L0337#Art 11Article
11 1.The Member States and the Commission shall exchange information
on the experience gained in applying this Directive. 2.In particular,
Member States shall inform the Commission of any criteria and/or
thresholds adopted for the selection of the projects in question,
in accordance with Article 4 (2), or of the types of projects
concerned which, pursuant to Article 4 (2), are subject to assessment
in accordance with Articles 5 to 10. 3.Five years after notification
of this Directive, the Commission shall send the European Parliament
and the Council a report on its application and effectiveness.
The report shall be based on the aforementioned exchange of information.
4.On the basis of this exchange of information, the Commission
shall submit to the Council additional proposals, should this
be necessary, with a view to this Directive's being applied in
a sufficiently coordinated manner. 385L0337#Art 12Article 12 1.Member
States shall take the measures necessary to comply with this Directive
within three years of its notification (1). 2.Member States shall
communicate to the Commission the texts of the provisions of national
law which they adopt in the field covered by this Directive. 385L0337#Art
13Article 13 The provisions of this Directive shall not affect
the right of Member States to lay down stricter rules regarding
scope and procedure when assessing environmental effects. 385L0337#Art
14Article 14 This Directive is addressed to the Member States.
Done at Luxembourg, 27 June 1985. For the Council The President
A. BIONDI (1) OJ No C 169, 9. 7. 1980, p. 14. (2) OJ No C 66,
15. 3. 1982, p. 89. (3) OJ No C 185, 27. 7. 1981, p. 8. Page 6,
3 Apr 00 Download from OJCD, 3 Apr 00 (4) OJ No C 112, 20. 12.
1973, p. 1. (5) OJ No C 139, 13. 6. 1977, p. 1. (6) OJ No C 46,
17. 2. 1983, p. 1. (1) This Directive was notified to the Member
States on 3 July 1985. ANNEX I PROJECTS SUBJECT TO ARTICLE 4 (1)
1. Crude-oil refineries (excluding undertakings manufacturing
only lubricants from crude oil) and installations for the gasification
and liquefaction of 500 tonnes or more of coal or bituminous shale
per day. 2. Thermal power stations and other combustion installations
with a heat output of 300 megawatts or more and nuclear power
stations and other nuclear reactors (except research installations
for the production and conversion of fissionable and fertile materials,
whose maximum power does not exceed 1 kilowatt continuous thermal
load). 3. Installations solely designed for the permanent storage
or final disposal of radioactive waste. 4. Integrated works for
the initial melting of cast-iron and steel. 5. Installations for
the extraction of asbestos and for the processing and transformation
of asbestos and products containing asbestos: for asbestos-cement
products, with an annual production of more than 20 000 tonnes
of finished products, for friction material, with an annual production
of more than 50 tonnes of finished products, and for other uses
of asbestos, utilization of more than 200 tonnes per year. 6.
Integrated chemical installations. 7. Construction of motorways,
express roads (1) and lines for long- distance railway traffic
and of airports (2) with a basic runway length of 2 100 m or more.
8. Trading ports and also inland waterways and ports for inland-
waterway traffic which permit the passage of vessels of over 1
350 tonnes. 9. Waste-disposal installations for the incineration,
chemical treatment or land fill of toxic and dangerous wastes.
(1) For the purposes of the Directive, 'express road' means a
road which complies with the definition in the European Agreement
on main international traffic arteries of 15 November 1975. (2)
For the purposes of this Directive, 'airport' means airports which
comply with the definition in the 1944 Chicago Convention setting
up the International Civil Aviation Organization (Annex 14). ANNEX
II PROJECTS SUBJECT TO ARTICLE 4 (2) 1. Agriculture (a) Projects
for the restructuring of rural land holdings. Page 7, 3 Apr 00
Download from OJCD, 3 Apr 00 (b) Projects for the use of uncultivated
land or semi-natural areas for intensive agricultural purposes.
(c) Water-management projects for agriculture. (d) Initial afforestation
where this may lead to adverse ecological changes and land reclamation
for the purposes of conversion to another type of land use. (e)
Poultry-rearing installations. (f) Pig-rearing installations.
(g) Salmon breeding. (h) Reclamation of land from the sea. 2.
Extractive industry (a) Extraction of peat. (b) Deep drillings
with the exception of drillings for investigating the stability
of the soil and in particular: -geothermal drilling, -drilling
for the storage of nuclear waste material, -drilling for water
supplies. (c) Extraction of minerals other than metalliferous
and energy- producing minerals, such as marble, sand, gravel,
shale, salt, phosphates and potash. (d) Extraction of coal and
lignite by underground mining. (e) Extraction of coal and lignite
by open-cast mining. (f) Extraction of petroleum. (g) Extraction
of natural gas. (h) Extraction of ores. (i) Extraction of bituminous
shale. (j) Extraction of minerals other than metalliferous and
energy- producing minerals by open-cast mining. (k) Surface industrial
installations for the extraction of coal, petroleum, natural gas
and ores, as well as bituminous shale. (l) Coke ovens (dry coal
distillation). (m) Installations for the manufacture of cement.
3. Energy industry (a) Industrial installations for the production
of electricity, steam and hot water (unless included in Annex
I). (b) Industrial installations for carrying gas, steam and hot
water transmission of electrical energy by overhead cables. Page
8, 3 Apr 00 Download from OJCD, 3 Apr 00 (c) Surface storage of
natural gas. (d) Underground storage of combustible gases. (e)
Surface storage of fossil fuels. (f) Industrial briquetting of
coal and lignite. (g) Installations for the production or enrichment
of nuclear fuels. (h) Installations for the reprocessing of irradiated
nuclear fuels. (i) Installations for the collection and processing
of radioactive waste (unless included in Annex I). (j) Installations
for hydroelectric energy production. 4. Processing of metals (a)
Iron and steelworks, including foundries, forges, drawing plants
and rolling mills (unless included in Annex I). (b) Installations
for the production, including smelting, refining, drawing and
rolling, of nonferrous metals, excluding precious metals. (c)
Pressing, drawing and stamping of large castings. (d) Surface
treatment and coating of metals. (e) Boilermaking, manufacture
of reservoirs, tanks and other sheet- metal containers. (f) Manufacture
and assembly of motor vehicles and manufacture of motor-vehicle
engines. (g) Shipyards. (h) Installations for the construction
and repair of aircraft. (i) Manufacture of railway equipment.
(j) Swaging by explosives. (k) Installations for the roasting
and sintering of metallic ores. 5. Manufacture of glass 6. Chemical
industry (a) Treatment of intermediate products and production
of chemicals (unless included in Annex I). (b) Production of pesticides
and pharmaceutical products, paint and varnishes, elastomers and
peroxides. (c) Storage facilities for petroleum, petrochemical
and chemical products. 7. Food industry (a) Manufacture of vegetable
and animal oils and fats. (b) Packing and canning of animal and
vegetable products. (c) Manufacture of dairy products. Page 9,
3 Apr 00 Download from OJCD, 3 Apr 00 (d) Brewing and malting.
(e) Confectionery and syrup manufacture. (f) Installations for
the slaughter of animals. (g) Industrial starch manufacturing
installations. (h) Fish-meal and fish-oil factories. (i) Sugar
factories. 8. Textile, leather, wood and paper industries (a)
Wool scouring, degreasing and bleaching factories. (b) Manufacture
of fibre board, particle board and plywood. (c) Manufacture of
pulp, paper and board. (d) Fibre-dyeing factories. (e) Cellulose-processing
and production installations. (f) Tannery and leather-dressing
factories. 9. Rubber industry Manufacture and treatment of elastomer-based
products. 10. Infrastructure projects (a) Industrial-estate development
projects. (b) Urban-development projects. (c) Ski-lifts and cable-cars.
(d) Construction of roads, harbours, including fishing harbours,
and airfields (projects not listed in Annex I). (e) Canalization
and flood-relief works. (f) Dams and other installations designed
to hold water or store it on a long-term basis. (g) Tramways,
elevated and underground railways, suspended lines or similar
lines of a particular type, used exclusively or mainly for passenger
transport. (h) Oil and gas pipeline installations. (i) Installation
of long-distance aqueducts. (j) Yacht marinas. 11. Other projects
(a) Holiday villages, hotel complexes. (b) Permanent racing and
test tracks for cars and motor cycles. (c) Installations for the
disposal of industrial and domestic waste (unless included in
Annex I). Page 10, 3 Apr 00 Download from OJCD, 3 Apr 00 (d) Waste
water treatment plants. (e) Sludge-deposition sites. (f) Storage
of scrap iron. (g) Test benches for engines, turbines or reactors.
(h) Manufacture of artificial mineral fibres. (i) Manufacture,
packing, loading or placing in cartridges of gunpowder and explosives.
(j) Knackers' yards. 12. Modifications to development projects
included in Annex I and projects in Annex I undertaken exclusively
or mainly for the development and testing of new methods or products
and not used for more than one year. ANNEX III INFORMATION REFERRED
TO IN ARTICLE 5 (1) 1. Description of the project, including in
particular: -a description of the physical characteristics of
the whole project and the land-use requirements during the construction
and operational phases, -a description of the main characteristics
of the production processes, for instance, nature and quantity
of the materials used, -an estimate, by type and quantity, of
expected residues and emissions (water, air and soil pollution,
noise, vibration, light, heat, radiation, etc.) resulting from
the operation of the proposed project. 2. Where appropriate, an
outline of the main alternatives studied by the developer and
an indication of the main reasons for his choice, taking into
account the environmental effects. 3. A description of the aspects
of the environment likely to be significantly affected by the
proposed project, including, in particular, population, fauna,
flora, soil, water, air, climatic factors, material assets, including
the architectural and archaeological heritage, landscape and the
inter-relationship between the above factors. 4. A description
(1) of the likely significant effects of the proposed project
on the environment resulting from: -the existence of the project,
-the use of natural resources, -the emission of pollutants, the
creation of nuisances and the elimination of waste and the description
by the developer of the forecasting methods used to assess the
effects on the environment. 5. A description of the measures envisaged
to prevent, reduce and where possible offset any significant adverse
effects on the environment. 6. A non-technical summary of the
information provided under the above Page 11, 3 Apr 00 Download
from OJCD, 3 Apr 00 headings. 7. An indication of any difficulties
(technical deficiencies or lack of know-how) encountered by the
developer in compiling the required information. (1) This description
should cover the direct effects and any indirect, secondary, cumulative,
short, medium and long-term, permanent and temporary, positive
and negative effects of the project. Celex register 15101000 -
General provisions and programmes Descriptors: EEC Directive;
assessment; impact on the environment; impact study; action programme;
prevention of pollution; environmental impact; approximation of
laws; access to information; APPROXIMATION OF LAWS; PROVISIONS
UNDER ARTICLE 235 EEC; ENVIRONMENT
