A large development project near my home had no environmental impact assessment. Is this required?

What the Law Says

The EU’s Environmental Impact Assessment (EIA) Directive sets binding rules for assessing likely significant environmental effects before consent is granted for certain public and private projects.

Directive 2011/92/EU (as amended by 2014/52/EU) requires an EIA for all projects listed in Annex I — these are always subject to assessment, regardless of location or national discretion. Examples include thermal power stations over 300 MW, motorways, and airports.

Projects in Annex II — such as urban development, wind farms, or wastewater plants — must undergo a 'screening' process: the competent authority decides whether an EIA is required based on project characteristics, location, and potential impacts.

Member States must ensure the public is informed and consulted early — with at least 30 days to submit comments, and public consultations lasting no less than 48 hours.

The EIA must include a non-technical summary, baseline environmental data, description of likely significant effects, and mitigation measures.

Statutory Text

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...

— Directive 2011/92/EU, Art. 3(1)

Statutory Text

Projects listed in Annex I shall be made subject to an assessment in accordance with Articles 5 to 10.

— Directive 2011/92/EU, Art. 4(1)

Statutory Text

For projects listed in Annex II, Member States shall determine, through a case-by-case examination or by establishing thresholds or criteria, whether the project shall be made subject to an assessment...

— Directive 2011/92/EU, Art. 4(2)

What to Do

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