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27 June 1985 on the assessment of the effects of certain public and private projects on the environment (85/337/EEC) (repealed)

Article 1 U.K.

1. This Directive shall apply to the assessment of the environmental effects of those public and private projects which are likely to have significant effects on the environment.

2. For the purposes of this Directive:

• ‘project’ means:

  • the execution of construction works or of other installations or schemes,

  • other interventions in the natural surroundings and landscape including those involving the extraction of mineral resources;

• ‘developer’ means:

  the applicant for authorization for a private project or the public authority which initiates a project;

• ‘development consent’ means:

  the decision of the competent authority or authorities which entitles the developer to proceed with the project[F1 ;]

• [F2 ‘ public ’ means:

  one or more natural or legal persons and, in accordance with national legislation or practice, their associations, organisations or groups;

• ‘ public concerned ’ means:

  the public affected or likely to be affected by, or having an interest in, the environmental decision-making procedures referred to in Article 2(2); for the purposes of this definition, non-governmental organisations promoting environmental protection and meeting any requirements under national law shall be deemed to have an interest.]

3. The competent authority or authorities shall be that or those which the Member States designate as responsible for performing the duties arising from this Directive.

[F1 4. Member States may decide, on a case-by-case basis if so provided under national law, not to apply this Directive to projects serving national defence purposes, if they deem that such application would have an adverse effect on these purposes.]

5. 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.

Textual Amendments

F1 Substituted 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.

F2 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.