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Nuclear Reactors (Environmental Impact Assessment for Decommissioning) Regulations 1999

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Regulation 13(2)

SCHEDULE 2CRITERIA FOR DETERMINING FURTHER ASSESSMENT(which reproduces the provisions of Annex III of the Directive)

Characteristics of projects

1.  The Characteristics of projects must be considered having regard, in particular, to—

(a)the size of the project;

(b)the cumulation with other projects;

(c)the use of natural resources;

(d)the production of waste;

(e)pollution and nuisances;

(f)the risk of accidents, having regard in particular to substances or technologies used.

Location of projects

2.  The environmental sensitivity of geographical areas likely to be affected by projects must be considered, having regard to—

(a)the existing land use;

(b)the relative abundance, quality and regenerative capacity of natural resources in the area;

(c)the absorption capacity of the natural environment, paying particular attention to the following areas—

(i)wetlands;

(ii)coastal zones;

(iii)mountain and forest areas;

(iv)nature reserves and parks;

(v)areas classified or protected under Member States' legislation; special protection areas designated by Member States pursuant to Council Directive 79/409/EEC on the conservation of wild birds(1) and Council Directive 92/43/EEC on the conservation of natural habitats and wild fauna and flora(2);

(vi)areas in which the environmental quality standards laid down in Community legislation have already been exceeded;

(vii)densely populated areas;

(viii)landscapes of historical, cultural or archaeological significance.

Characteristics of the potential impact

3.  The potential significant effects of projects must be considered in relation to criteria set out under paragraphs 1 and 2, and having regard in particular to—

(a)the extent of the impact (geographical area and size of the affected population);

(b)the transfrontier nature of the impact;

(c)the magnitude and complexity of the impact;

(d)the probability of the impact;

(e)the duration, frequency and reversibility of the impact.

(1)

O.J. No L 103, 25.4.1979, p.1. Directive as last amended by the 1994 Act of Accession.

(2)

O.J. No L 206, 22.7.1992, p.7.

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