The Commission presents a report on the application and effectiveness of Directive 2003/35/EC providing for the 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. It recalls that the aim of Directive 2003/35/EC was to contribute to the implementation of the obligations arising under the Aarhus Convention of 25 June 1998. The report is limited to an examination of the application and effectiveness of Article 2, which aims to give full effect to Article 7 of the Aarhus Convention, and stipulates inter alia that Member States shall ensure that the public is given early and effective opportunities to participate in the preparation and modification or review of the plans or programmes required to be drawn up under the provisions listed in Annex I'. The report also examines the issues of the necessity or appropriateness of submitting proposals for amendments and the possibility of extending the scope of the Directive to plans and programmes other than the ones provided for in Annex I.

Effectiveness of Article 2 : generally, the Commission is of the opinion that, thanks to Article 2:

the decision-making process has become more transparent, by giving rise to a more constructive climate of relations and greater confidence between the authorities responsible and civil society; the decisions adopted take more account of the concerns of a greater proportion of the population and their acceptance and implementation is thus facilitated; society's increased awareness of and interest in environmental issues in the specific themes addressed (particularly waste management and water quality) have come to the fore, especially at the regional and local levels. The case of the preliminary ruling before the Court of Justice concerning the action programme for the protection of waters from pollution by nitrates drawn up by the Walloon Region constitutes a significant example.

Admittedly, public participation implies major changes for the authorities concerned, given that the decision-making process must take account of the need to consult the public effectively at a sufficiently early stage. Adequate financial and human resources must thus be provided.

It is for Member States to assess both the best moment for consultations to begin, and how to ensure that they are effective. In this respect, the Commission notes that Member States ensure that the launch of consultations really is made known to the public, particularly the section of the population concerned. Indeed, the apparent trend is not merely that of publication in official journals, but of supporting that by information in the media (both printed and broadcast), posters in the municipalities concerned and notices on the websites of the authorities responsible. It was said that a large part of civil society still does not take part in consultations, even if they then express reservations when the final decision is adopted. This phenomenon may, in part, depend on the fact that the public does not know how its representations will be taken into account in the final decision. In this respect, the Commission encourages Member States to explain the reasons which prompted them to reject certain suggestions. Appropriate feedback seems to be key to effective public participation and fostering greater confidence.

The Commission is aware of the fact that the consultation process can prolong the timescales anticipated for the final adoption of plans or programmes. The question of longer timescales occurred in numerous contributions and appears to be a matter to which more attention must be given in the future. Greater experience acquired in applying the Directive could make it possible to arrive at concrete solutions which ensure a better balance between public participation and a legitimate concern for efficacy.

Proposed amendments : in view of the limited experience acquired with Article 2, it does not seem appropriate, at this stage, to propose amendments.

Extending the scope of Article 2 to plans or programmes other than those indicated in Annex I: no Member State regarded such an extension as either necessary or appropriate. Certain Member States, however, indicated that a clear vision of the scope of the list of plans and programmes falling within Directive 2001/42/EC was needed, before entertaining the idea of adding other plans and programmes to the scope of Article 2. In other words, certain contributions called for a thorough examination of the relationship between Article 2 and Directive 2001/42/EC (Strategic Environmental Assessment (SEA) Directive). The Commission acknowledges that, in a number of instances, a single situation could be subject to both Directives, a possibility which appears to be more frequent with respect to waste, particularly the future plans referred to in Article 28 of Directive 2008/98/EC. The Commission presented a report concerning the application and effectiveness of the SEA Directive, and it undertakes to analyse the interaction between the two Directives. It follows from this that any proposal to enlarge the scope of Article 2 would, at this stage, be premature.

The report concludes that, despite distinctly limited application at the national level in the three years which followed the deadline for transposition by Member States (25 June 2005), Article 2 of the Directive has had the effect of firmly establishing the right of the public to participate in the decision-making process on plans and programmes uniformly in the legislation of Member States. This has kindled the public's interest in environmental issues, which has increasingly taken account — at least among those people and bodies with the greatest awareness — of the sustainable development dimension. These efforts made must be sustained in order to enhance the public's knowledge of its rights and to achieve real participation by a larger number of people in consultations. It will be for each Member State to attain these objectives by the most suitable means.

The aim of this Communication report is to review the application and effectiveness of Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment, as amended by Directives 97/11/EC and 2003/35/EC (the Environmental Impact Assessment – EIA Directive), in the European Union.

The EIA Directive has been subject to similar regular reports in the past, which were based on Article 11 of the Directive. On the basis of such reports, this EIA Directive was amended in 1997. Directive 97/11/EC widened the scope, strengthened the procedural stages and integrated the changes provided by the UN/ECE Espoo Convention on EIA in a transboundary context. Following the signature by the

Community (June 1998) of the Aarhus Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters, the Community law had to be properly aligned with that Convention. Thus, the EIA Directive was amended by Directive 2003/35/EC, which sought to align the provisions on public participation with the Aarhus Convention.

The EIA Directive aims to protect the environment and the quality of life, while ensuring approximation of national laws with regard to the assessment of the environmental effects of public and private projects. It is a key instrument of environmental integration , covering a wide range of projects and making them environmentally sustainable. It harmonises the principles of the EIA by introducing minimum requirements, in particular with regard to the type of projects that should be subject to assessment, the main obligations of the developers, the content of the assessment and the participation of the competent authorities and the public.

At present, all Member States have established comprehensive regulatory frameworks. However, the challenge of ensuring that the Directive is implemented effectively and consistently across all Member States is a continuous one. This report assesses the 20 years of implementation in an effort to address this challenge. It outlines the strengths of the EIA Directive, highlights the main areas where improvements are needed and provides recommendations, where relevant. It concludes with consideration of approaches to improving the Directive.

Conclusions : the report confirms that the objectives of the EIA Directive have generally been achieved. The principles of environmental assessment have been integrated into the national EIA systems. All Member States have established comprehensive regulatory frameworks and implement the EIA in a manner which is largely in line with the Directive’s requirements; in many cases, Member States have built on the minimum requirements of the Directive and have gone beyond them. As a result, environmental considerations are taken into account in the decision-making process, which has become more transparent.

However, the development of EIA is an evolving process . While ensuring that the EIA Directive is effectively implemented across an enlarged EU, it is also necessary to ensure that the EIA Directive is adapted to the Community and international policy and legal contexts. This report indicates areas where improvements are needed:

screening, public participation, quality of the EIA, EIA transboundary procedures, coordination between the EIA and other environmental directives and policies, such as climate change and biodiversity.

The report presents possible recommendations for action.

These findings are relevant in the framework of a simplification exercise .

The Commission will consider all simplification methods (codification, codification combined with the introduction of comitology, recasting, merging, use of regulation). Any simplification initiative will aim to improve environmental protection, increase the degree of harmonisation and simplify existing procedures. Regardless of the approach chosen, the Commission will ensure that any major modification will be subjected to a consultation with all stakeholders and will undergo a legislative impact assessment.

PURPOSE : to contribute to the implementation of the Aarhus Convention, particularly by providing for public participation in respect of drawing up environmental plans. COMMUNITY MEASURE : Directive 2003/35/EC of the European Parliament and of the Council 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. CONTENT : On 25 June 1998 the Community signed the UN/ECE Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters ("the Arhus Convention"). This Directive aims to align Community law with the Convention with a view to its ratification by the Community. Among the objectives of the Arhus Convention is the desire to guarantee rights of public participation in decision-making in environmental matters in order to contribute to the protection of the right to live in an environment which is adequate for personal health and well-being. This Directive will contribute to the implementation of the obligations arising under the Arhus Convention, in particular by: - providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment; - improving the public participation and providing for provisions on access to justice within Council Directives 85/337/EEC and 96/61/EC. Council Directive 85/337/EEC and Council Directive 96/61/EC are amended to ensure that they are fully compatible with the provisions of the Arhus Convention. The main points are as follows: - Member States must ensure that the public is given the chance to participate in the preparation and modification or review of the plans or programmes required to be drawn up under the provisions listed in Annex I to the Directive. - Member States must ensure that the public is informed about any proposals for such plans or programmes and that relevant information about such proposals is made available to the public. - the public is entitled to express comments and opinions when all options are open before decisions on the plans and programmes are made; - in making those decisions, due account shall be taken of the results of the public participation. These provisions do not apply to plans designed for the sole purpose of serving national defence or taken in case of civil emergencies. - Member States must ensure that members of the public have access to a review procedure before a legal forum to challenge the legality of decisions subject to the public participation provisions of this Directive. The Commission must send a report on this Directive by 25/06/2009. DATE OF TRANSPOSITION : 25/06/2005. NTRY INTO FORCE : 25/06/2003.