Council Directive of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment (85/337/EEC) (repealed)

[F1 ANNEX I U.K. PROJECTS SUBJECT TO ARTICLE 4 (1)

Textual Amendments

F1 Substituted by Council Directive 97/11/EC of 3 March 1997 amending Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment.

1. Crude-oil refineries (excluding undertakings manufacturing only lubricants from crude oil) and installations for the gasification and liquefaction of 500 tonnes or more of coal or bituminous shale per day. U.K.

2.

• Thermal power stations and other combustion installations with a heat output of 300 megawatts or more, and

• nuclear power stations and other nuclear reactors including the dismantling or decommissioning of such power stations or reactors (1) (except research installations for the production and conversion of fissionable and fertile materials, whose maximum power does not exceed 1 kilowatt continuous thermal load).

3.

(a)

Installations for the reprocessing of irradiated nuclear fuel.

(b)

Installations designed:

• for the production or enrichment of nuclear fuel,

• for the processing of irradiated nuclear fuel or high-level radioactive waste,

• for the final disposal of irradiated nuclear fuel,

• solely for the final disposal of radioactive waste,

• solely for the storage (planned for more than 10 years) of irradiated nuclear fuels or radioactive waste in a different site than the production site.

4.

• Integrated works for the initial smelting of cast-iron and steel;

• Installations for the production of non-ferrous crude metals from ore, concentrates or secondary raw materials by metallurgical, chemical or electrolytic processes.

5. Installations for the extraction of asbestos and for the processing and transformation of asbestos and products containing asbestos: for asbestos-cement products, with an annual production of more than 20 000 tonnes of finished products, for friction material, with an annual production of more than 50 tonnes of finished products, and for other uses of asbestos, utilization of more than 200 tonnes per year. U.K.

6. Integrated chemical installations, i.e. those installations for the manufacture on an industrial scale of substances using chemical conversion processes, in which several units are juxtaposed and are functionally linked to one another and which are: U.K.

(i)

for the production of basic organic chemicals;

(ii)

for the production of basic inorganic chemicals;

(iii)

for the production of phosphorous-, nitrogen- or potassium-based fertilizers (simple or compound fertilizers);

(iv)

for the production of basic plant health products and of biocides;

(v)

for the production of basic pharmaceutical products using a chemical or biological process;

(vi)

for the production of explosives.

7.

(a)

Construction of lines for long-distance railway traffic and of airports (2) with a basic runway length of 2 100 m or more;

(b)

Construction of motorways and express roads (3) ;

(c)

Construction of a new road of four or more lanes, or realignment and/or widening of an existing road of two lanes or less so as to provide four or more lanes, where such new road, or realigned and/or widened section of road would be 10 km or more in a continuous length.

8.

(a)

Inland waterways and ports for inland-waterway traffic which permit the passage of vessels of over 1 350 tonnes;

(b)

Trading ports, piers for loading and unloading connected to land and outside ports (excluding ferry piers) which can take vessels of over 1 350 tonnes.

9. Waste disposal installations for the incineration, chemical treatment as defined in Annex IIA to Directive 75/442/EEC (4) under heading D9, or landfill of hazardous waste (i.e. waste to which Directive 91/689/EEC (5) applies). U.K.

10. Waste disposal installations for the incineration or chemical treatment as defined in Annex IIA to Directive 75/442/EEC under heading D9 of non-hazardous waste with a capacity exceeding 100 tonnes per day. U.K.

11. Groundwater abstraction or artificial groundwater recharge schemes where the annual volume of water abstracted or recharged is equivalent to or exceeds 10 million cubic metres. U.K.

12.

(a)

Works for the transfer of water resources between river basins where this transfer aims at preventing possible shortages of water and where the amount of water transferred exceeds 100 million cubic metres/year;

(b)

In all other cases, works for the transfer of water resources between river basins where the multi-annual average flow of the basin of abstraction exceeds 2 000 million cubic metres/year and where the amount of water transferred exceeds 5 % of this flow.

In both cases transfers of piped drinking water are excluded.

13. Waste water treatment plants with a capacity exceeding 150 000 population equivalent as defined in Article 2 point (6) of Directive 91/271/EEC (6) . U.K.

14. Extraction of petroleum and natural gas for commercial purposes where the amount extracted exceeds 500 tonnes/day in the case of petroleum and 500 000 m ³ /day in the case of gas. U.K.

15. Dams and other installations designed for the holding back or permanent storage of water, where a new or additional amount of water held back or stored exceeds 10 million cubic metres. U.K.

[F2 16. Pipelines with a diameter of more than 800 mm and a length of more than 40 km: U.K.

• for the transport of gas, oil, chemicals, and,

• for the transport of carbon dioxide (CO ₂ ) streams for the purposes of geological storage, including associated booster stations.]

Textual Amendments

F2 Substituted by Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide and amending Council Directive 85/337/EEC, European Parliament and Council Directives 2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC, 2008/1/EC and Regulation (EC) No 1013/2006 (Text with EEA relevance).

17. Installations for the intensive rearing of poultry or pigs with more than: U.K.

(a)

85 000 places for broilers, 60 000 places for hens;

(b)

3 000 places for production pigs (over 30 kg); or

(c)

900 places for sows.

18. Industrial plants for the U.K.

(a)

production of pulp from timber or similar fibrous materials;

(b)

production of paper and board with a production capacity exceeding 200 tonnes per day.

19. Quarries and open-cast mining where the surface of the site exceeds 25 hectares, or peat extraction, where the surface of the site exceeds 150 hectares. U.K.

20. Construction of overhead electrical power lines with a voltage of 220 kV or more and a length of more than 15 km. U.K.

21. Installations for storage of petroleum, petrochemical, or chemical products with a capacity of 200 000 tonnes or more. U.K.

[F3 22. Any change to or extension of projects listed in this Annex where such a change or extension in itself meets the thresholds, if any, set out in this Annex.] U.K.

Textual Amendments

F3 Inserted by Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003 providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment and amending with regard to public participation and access to justice Council Directives 85/337/EEC and 96/61/EC.

[F4 23. Storage sites pursuant to Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide (7) . U.K.

Textual Amendments

F4 Inserted by Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide and amending Council Directive 85/337/EEC, European Parliament and Council Directives 2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC, 2008/1/EC and Regulation (EC) No 1013/2006 (Text with EEA relevance).

24. Installations for the capture of CO ₂ streams for the purposes of geological storage pursuant to Directive 2009/31/EC from installations covered by this Annex, or where the total yearly capture of CO ₂ is 1,5 megatonnes or more.] ] U.K.

(1)

[F1 Nuclear power stations and other nuclear reactors cease to be such an installation when all nuclear fuel and other radioactively contaminated elements have been removed permanently from the installation site.

(2)

For the purposes of this Directive, ‘ airport ’ means airports which comply with the definition in the 1944 Chicago Convention setting up the International Civil Aviation Organization (Annex 14).

(3)

For the purposes of the Directive, ‘ express road ’ means a road which complies with the definition in the European Agreement on Main International Traffic Arteries of 15 November 1975.

(4)

OJNo L 194, 25.7.1975, p. 39. Directive as last amended by Commission Decision 94/3/EC ( OJ No L 5, 7.1.1994, p. 15 ).

(5)

OJ No L 377, 31.12.1991, p. 20 . Directive as last amended by Directive 94/31/EC ( OJ No L 168, 2.7.1994, p. 28 ).

(6)

OJ No L 135, 30.5.1991, p. 40 . Directive as last amended by the 1994 Act of Accession.

(7)

[F4 OJ L 140, 5.6.2009, p. 114 .] ]

Textual Amendments

F1 Substituted by Council Directive 97/11/EC of 3 March 1997 amending Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment.

F4 Inserted by Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide and amending Council Directive 85/337/EEC, European Parliament and Council Directives 2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC, 2008/1/EC and Regulation (EC) No 1013/2006 (Text with EEA relevance).