THIS IS NOT THE OFFICIAL TEXT
Directive 2001/42/EC
of the European Parliament and the Council on the
assessment of the effects of certain plans and programmes
on the environment (the 'SEA Directive')
2. Definitions |
Contents |
4. General obligations |
Article 3
Scope
1. An environmental assessment, in accordance with
Articles 4 to 9,
shall be carried out for plans and programmes referred
to in paragraphs 2 to 4 which are likely to have
significant environmental effects.
2. Subject to paragraph 3, an environmental assessment
shall be carried out for all plans and programmes,
(a) which are prepared for agriculture, 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
listed in Annexes
I and II
to Directive
85/337/EEC, or
(b) which, in view of the likely effect on sites,
have been determined to require an assessment pursuant
to Article 6 or 7 of Directive
92/43/EEC.
3. Plans and programmes referred to in paragraph
2 which determine the use of small areas at local
level and minor modifications to plans and programmes
referred to in paragraph 2 shall require an environmental
assessment only where the Member States determine
that they are likely to have significant environmental
effects.
4. Member States shall determine whether plans
and programmes, other than those referred to in
paragraph 2, which set the framework for future
development consent of projects, are likely to have
significant environmental effects.
5. Member States shall determine whether plans
or programmes referred to in paragraphs 3 and 4
are likely to have significant environmental effects
either through case-by-case examination or by specifying
types of plans and programmes or by combining both
approaches. For this purpose Member States shall
in all cases take into account relevant criteria
set out in Annex II, in
order to ensure that plans and programmes with likely
significant effects on the environment are covered
by this Directive.
6. In the case-by-case examination and in specifying
types of plans and programmes in accordance with
paragraph 5, the authorities referred to in Article
6(3) shall be consulted.
7. Member States shall ensure that their conclusions
pursuant to paragraph 5, including the reasons for
not requiring an environmental assessment pursuant
to Articles 4 to 9,
are made available to the public.
8. The following plans and programmes are not subject
to this Directive:
- plans and programmes the sole purpose of which
is to serve national defence or civil emergency,
- financial or budget plans and programmes.
9. This Directive does not apply to plans and programmes
co-financed under the current respective programming
periods [11]
for Council Regulations (EC) No 1260/99 [12]
and No 1257/99 [13].
Notes:
[11]
The 2000-2006 programming period for Council Regulation
(EC) No 1260/99 and the 2000-2006 and 2000-2007
programming periods for Council Regulation (EC)
No 1257/99.
[12]
Council Regulation (EC) No 1260/99 of 21 June 1999
laying down general provisions on the Structural
Funds. (OJ L 161, 26.6.1999, p. 1.)
[13]
Council Regulation (EC) No 1257/99 of 17 May 1999
on support for rural development from the European
Agricultural Guidance and Guarantee Fund (EAGGF)
and amending and repealing certain regulations.
(OJ L 160, 26.6.1999, p. 80.)