Can the EIA requirement be bypassed for 'urgent' infrastructure projects?

What the Law Says

The EU’s Environmental Impact Assessment (EIA) Directive establishes mandatory environmental scrutiny for certain public and private projects likely to have significant environmental effects. There is no legal provision allowing Member States to waive or expedite the EIA process on grounds of urgency.

The EIA Directive (Council Directive 85/337/EEC, as amended by Directive 2011/92/EU and Directive 2014/52/EU) requires an assessment before consent is granted for projects listed in Annex I (always requiring EIA) or Annex II (subject to screening).

Article 1(5) explicitly limits exemptions: 'This Directive shall not apply to projects the details of which are adopted by a specific act of national legislation, since the objectives of this Directive, including that of supplying information, are achieved through the legislative process.' This is the only statutory exemption — and it applies only where the project is fully determined by primary legislation, not administrative urgency.

The Court of Justice of the EU has consistently held that Member States may not introduce additional exceptions — including for speed, emergency, or public interest — beyond those expressly provided.

Statutory Text

This Directive shall not apply to projects the details of which are adopted by a specific act of national legislation, since the objectives of this Directive, including that of supplying information, are achieved through the legislative process.

— Directive 2011/92/EU, Art. 1(5) — Definition of 'project'

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 are made subject to an assessment...

— Directive 2011/92/EU, Art. 2(1) — Obligation to assess

Sources