The new Industrial Emissions Directive

Definition ‘projects’ Article 1 (2) (a) EIA Directive

• 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

The renewal of an existing permit (to operate an airport) cannot, in the absence of any work or intervention involving alterations to the physical aspect of the site, be classified as a ‘project’ within the meaning of the second indent of Article 1 (2) of the EIA Directive (cf. C-275/09, Brussels Hoofdstedelijk Gewest and Others, paragraph 24; C-121/11, Pro-Braine and Others, paragraph 31).

In its case law, the Court has given a broad interpretation of the concept of ‘construction’, accepting that work for the refurbishment of an existing road may be equivalent, due to the size and the manner in which it is carried out, to the construction of a new road (cf. Case C-142/07 Ecologistas en Acción-CODA [2008] ECR I-6097, paragraph 36). Similarly, the Court has interpreted point 13 of Annex II, read in conjunction with point 7 of Annex I, to the EIA Directive as also encompassing work to alter the infrastructure of an existing airport, without extension of the runway, where they may be regarded, in particular because of their nature, extent and characteristics, as an alteration of the airport itself (cf. C-2/07 Abraham and Others, paragraph 40 ).

The renewal of existing consent to operate an airport cannot, however, in the absence of any work or intervention involving alterations to the physical aspect of the site, be classified as a ‘construction’ within the meaning of point 7 (a) of Annex I to the EIA Directive (cf. C-275/09, Brussels Hoofdstedelijk Gewest and Others, paragraphs 27-30).

EIA Directive – preamble

• 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;
• 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