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Regulation 2(1)—definition of selection criteria

SCHEDULE 2MATTERS TO BE TAKEN INTO ACCOUNT IN MAKING AN ENVIRONMENTAL DETERMINATION OR GIVING A DIRECTION UNDER REGULATION 3(3)

Characteristics of proposed pipe-line works

1.  The characteristics of proposed pipe-line works must be considered having regard, in particular, to–

(a)the size of the proposed pipe-line works and of the proposed pipe-line;

(b)the cumulation with other developments;

(c)the use of natural resources;

(d)the production of waste;

(e)pollution and nuisances;

(f)the risk of accidents, having regard in particular to substances or technologies used.

Location of proposed pipe-line works

2.  The environmental sensitivity of geographical areas likely to be affected by proposed pipe-line works must be considered, having regard, in particular, to–

(a)the existing land use;

(b)the relative abundance, quality and regenerative capacity of natural resources in the area;

(c)the absorption capacity of the natural environment, paying particular attention to the following areas–

(i)wetlands;

(ii)coastal zones;

(iii)mountain and forest areas;

(iv)nature reserves and parks;

(v)areas classified or protected under member States' legislation; special protection areas designated by member States pursuant to Council Directive 79/409/EEC on the conservation of wild birds(1) and Council Directive 92/43/EEC on the conservation of natural habitats and wild fauna and flora(2);

(vi)areas in which the environmental quality standards laid down in Community legislation have already been exceeded;

(vii)densely populated areas;

(viii)landscapes of historical, cultural or archaeological significance.

Characteristics of the potential impact

3.  The potential significant effects of proposed pipe-line works must be considered in relation to criteria set out under paragraphs 1 and 2 above, and having regard in particular to–

(a)the extent of the impact (geographical area and size of the affected population);

(b)the transfrontier nature of the impact;

(c)the magnitude and complexity of the impact;

(d)the probability of the impact;

(e)the duration, frequency and reversibility of the impact.

(1)

O.J. No. L103, 25.4.1979, p. 1.

(2)

O.J. No. L206, 22.7.1992, p. 7.