Environmental Impact Assessments: European Union reviews legislation

In March 2014, the European Parliament approved a Directive revising the EU legislation on Environmental Impact Assessments (EIA). This is an important review for the aggregates industry as many sites have to undergo such an assessment or part of it before obtaining a permit. This is why it was ranked as one of the top priorities for UEPG for over a year. This review was initiated by the European Commission in October 2012, under the ordinary legislative procedure
April 22, 2014

In March 2014, the European Parliament approved a Directive revising the EU legislation on Environmental Impact Assessments (EIA).

This is an important review for the aggregates industry as many sites have to undergo such an assessment or part of it before obtaining a permit. This is why it was ranked as one of the top priorities for UEPG for over a year.

This review was initiated by the 1022 European Commission in October 2012, under the ordinary legislative procedure, with the objective to:

  • Take into account the changes in the policy, legal and technical context in the last 25 years.
  • Correct three identified shortcomings: the screening procedure; the quality and analysis of the EIA; the risk of inconsistencies with other legislations.
  • Simplify the EIA process.

During the procedure, the Parliament and the Council have issued many proposed amendments, some of them deviating from the original purpose of simplification. More than 500 amendments had been analysed at the European Parliament’s first reading.
The discussed items included the selection criteria, the quality control of EIA information, public participation and information, and mechanisms to avoid duplication and overlapping with other requirements from European legislation.

The involvement of the Aggregates Industry Association (UEPG) in the negotiations

Throughout these negotiations, the aggregates industry has been involved in order to share its experience with decision-makers, by mobilising significant resources at European (through 962 UEPG) and national levels, but also in cooperation with other sectors (the non-energetic extractive panel). In its position in bilateral meetings or conferences, the message of the aggregates sector was constructive and assertive: yes to simplified procedures, yes to environmental reports of quality, but taking into account the industry’s real situation on the ground.

For instance, one of the proposals was the mandatory certification of experts: this would have prevented in-house experts to contribute to environmental reports, increasing the costs for the developer. Thanks to adequate arguments, a compromise has been found, which ensures independent and reliable reports while allowing companies to use their internal resources.

The proposal of mandatory scoping was dropped as well, as it would have created unnecessary costs and red tape.

Another major challenge was the European Parliament’s proposal to extend the scope of the Directive to the exploration of mineral resources, and the deletion of the European threshold of 25hectares beyond which pits and quarries automatically have to undergo a full EIA. This disproportionate extension would have been a serious obstacle to the opening and expansion of extraction sites, particularly for SMEs. The rejection of this amendment demonstrates the success of the Aggregates Industry well-coordinated campaign, thanks to UEPG Members.

Implications for the European aggregates industry

With the European elections in May 2014, the negotiations around this review have been hectic and sometimes tense between the EU Institutions. At the end of the trialogue between the Council, the Commission and the Parliament, the compromise text tends to be a more balanced approach between environmental imperatives and the need to put too heavy a burden on the European industry.

Major changes impacting the aggregates industry after the text’s adoption include:

  • Demolition works within the scope of the Directive.
  • Possibility of joint procedures.
  • Time limits imposed on competent authorities.
  • Greater involvement of the public through an internet portal.
  • Consideration of reasonable alternatives to the project.
  • Additional factors to take into account: land, climate, landscape, hydromorphology, biodiversity (instead of fauna and flora).
  • Monitoring and mitigation measures.
  • Baseline scenario.

The Parliamentary Environment Committee approved the text on 12 February, with a striking majority and the plenary vote went smoothly in March. The Directive should therefore be transposed by Member States within three years after its entry into force in 2017..

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