Edition 2020 Ninth edition
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a6048c931cdc93 TEGOVA EVS 2020 digital
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- Water 5.3.1.
(Articles 8 and 9 of the Directive)
. This decision can be challenged by the public (Article 11 of the Directive) . 5.2.5. Projects that are subject to an EIA may not be developed without a prior EIA. If these projects have nevertheless been developed, the lack of an EIA may not be remedied with a retrospective authorisation and Member States must revoke or suspend consent already granted (judgments in the cases C 215/06, Commission v Ireland and C 41/11, Inter-Environnement Wallonie and Terre wallonne). However, it is possible to regularise projects developed without an EIA by conducting a new EIA if the following two conditions are fulfilled (judgments in the joined cases C 196/16 and C 197/16, Comune di Corridonia and in the case C 117/17, Comune di Castelbellino): • The regularisation does not provide the parties concerned with an opportunity to circumvent EU law or to dispense with applying it; • The EIA is not conducted solely in respect of the project's future environmental impact, but also takes into account its environmental impact from the time of its completion. 5.2.6. Environmental assessments for plans and programmes — Directive 2001/42/EC introduced the obligation of conducting an environmental assessment (EA) with respect to plans and programmes which are likely to have significant environmen- tal effects (Article 3(1) of the Directive) . According to settled case-law of the CJEU, "plans and programmes" may relate to "any measure which establishes a signifi- cant body of criteria and detailed rules for the grant and implementation of one or more projects" (judgments in the cases C 305/18, Associazione 'Verdi Ambiente e Società — Aps Onlus' and Others and C 160/17, Thybaut and Others). 5.2.7. Pursuant to Article 2(a) of the Directive, an EA must be prepared if the plans and programmes satisfy two conditions: • They are subject to preparation and/or adoption by an authority, or are prepared by an authority for adoption through a legislative procedure; • They are required by legislative, regulatory or administrative provisions. 5.2.8. The plans and programmes concerned include those which are prepared for agri- culture, forestry, fisheries, energy, industry, transport, waste management, water management, telecommunications, tourism, town and country planning or land use and which set the framework for future development consent of projects European Valuation Standards 2020 VII. European Union Legislation and Property Valuation 359 listed in Annexes I and II of Directive 2011/92/EU (Article 3(2)(a) of the Directive) . An EA is also mandatory for plans and programmes which are subject to an assess- ment pursuant to Articles 6 and 7 of the Habitats Directive 92/43/EEC (Article 3(2) (b) of the Directive) . In addition, Member States must decide on a case-by-case basis whether an EA should also be carried out for other plans or programmes which are likely to have significant environmental effects (Article 3(4) of the Directive) . Legislation Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment Directive 2011/92/EU of the European Parliament and of the Council of 13 Decem- ber 2011 on the assessment of the effects of certain public and private projects on the environment 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 5.3. Water 5.3.1. Water quality and protection — The EU water policy generally focuses on water protection and the prevention of water pollution. The main piece of legislation is the Water Framework Directive 2000/60/EC. 5.3.2. This Directive requires Member States to identify the individual river basins on their territory, which are in fact the areas covering one or more river catchments (Article 3 of the Directive) . For each river basin district, Member States must sub- sequently establish a so-called "river basin management plan" entailing a detailed account of how the objectives set forth in the Directive will be attained (Articles 4, 11 and 13 of the Directive) . These objectives and the accompanying measures differ depending on whether the water constitutes surface water or ground water (Article 4 of the Directive) . In addition, the Directive provides additional objectives for "pro- tected areas" designated by the Member States, such as bathing areas and areas with water used for the abstraction of drinking water (Articles 4, 6, 7 and 11 and Annex IV of the Directive) . 5.3.3. The Water Framework Directive is supplemented with several Directives aiming at preventing or reducing water pollution, each covering a specific topic. For 360 VII. European Union Legislation and Property Valuation European Valuation Standards 2020 instance, Directive 2006/118 tackles the pollution of groundwater, whereas Direc- tive 98/83/EC provides measures for the protecting of drinking water. Further- more, the discharge of urban waste water and industrial waste water is regulat- ed in Directive 91/271/EEC. Directive 91/676/EEC aims at preventing and reducing water pollution arising from nitrates from agricultural sources and, in this context, obliges Member States to designate "nitrate vulnerable zones" within which certain agricultural practices are to be imposed and certain waters are to be monitored. Finally, Directive 2008/105/EC imposes standards for surface water and requires Member States to set up an inventory of emissions, discharges and losses of all substances listed in that Directive. Download 1.74 Mb. Do'stlaringiz bilan baham: |
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