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Directive 2014/52/EU of the European Parliament and of the CouncilShow full title

Directive 2014/52/EU of the European Parliament and of the Council of 16 April 2014 amending Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment (Text with EEA relevance)

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‘ANNEX IIISELECTION CRITERIA REFERRED TO IN ARTICLE 4(3)(CRITERIA TO DETERMINE WHETHER THE PROJECTS LISTED IN ANNEX II SHOULD BE SUBJECT TO AN ENVIRONMENTAL IMPACT ASSESSMENT)

1. Characteristics of projects

The characteristics of projects must be considered, with particular regard to:

(a)

the size and design of the whole project;

(b)

cumulation with other existing and/or approved projects;

(c)

the use of natural resources, in particular land, soil, water and biodiversity;

(d)

the production of waste;

(e)

pollution and nuisances;

(f)

the risk of major accidents and/or disasters which are relevant to the project concerned, including those caused by climate change, in accordance with scientific knowledge;

(g)

the risks to human health (for example due to water contamination or air pollution).

2. Location of projects

The environmental sensitivity of geographical areas likely to be affected by projects must be considered, with particular regard to:

(a)

the existing and approved land use;

(b)

the relative abundance, availability, quality and regenerative capacity of natural resources (including soil, land, water and biodiversity) in the area and its underground;

(c)

the absorption capacity of the natural environment, paying particular attention to the following areas:

(i)

wetlands, riparian areas, river mouths;

(ii)

coastal zones and the marine environment;

(iii)

mountain and forest areas;

(iv)

nature reserves and parks;

(v)

areas classified or protected under national legislation; Natura 2000 areas designated by Member States pursuant to Directive 92/43/EEC and Directive 2009/147/EC;

(vi)

areas in which there has already been a failure to meet the environmental quality standards, laid down in Union legislation and relevant to the project, or in which it is considered that there is such a failure;

(vii)

densely populated areas;

(viii)

landscapes and sites of historical, cultural or archaeological significance.

3. Type and characteristics of the potential impact

The likely significant effects of projects on the environment must be considered in relation to criteria set out in points 1 and 2 of this Annex, with regard to the impact of the project on the factors specified in Article 3(1), taking into account:

(a)

the magnitude and spatial extent of the impact (for example geographical area and size of the population likely to be affected);

(b)

the nature of the impact;

(c)

the transboundary nature of the impact;

(d)

the intensity and complexity of the impact;

(e)

the probability of the impact;

(f)

the expected onset, duration, frequency and reversibility of the impact;

(g)

the cumulation of the impact with the impact of other existing and/or approved projects;

(h)

the possibility of effectively reducing the impact.

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