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.7 of the EIA Directive must be understood to include the doubling of an existing railway track.That conclusion is all the more obvious when the execution of the project at issue involves anew track route, even if that applies only to part of the project.Such a construction project is by its nature likely to have significant effects on the environment within the meaning of the EIA Directive.(C-227/01, Commission v.Spain, paragraphs 48-50)Waste disposalThe concept of waste disposal for the purpose of the EIA Directive is an independent concept which must be given a meaning which fully satisfies the objective pursued by that measure, which, as is clearfrom Article 2(1) of the directive, is that, before consent is given, projects likely to have significant effects on the environment by virtue, inter alia, of their nature, size or location should be made subject to an assessment with regard to their effects.Accordingly, that concept, which is not equivalent to that of waste disposal for the purpose of Directive 75/442, must be construed in the wider sense ascovering all operations leading either to waste disposal, in the strict sense of the term, or to wasterecovery.As a result, an establishment, which generates electricity from the incineration of biomass andcombustible materials derived from waste and which has a capacity exceeding 100 tonnes per day,comes into the category of disposal installations for the incineration or chemical treatment of non-hazardous waste in point 10 of Annex I to the EIA Directive.As such, before being authorised, it should have undergone the environmental impact assessment procedure, since the projects which fallwithin Annex I must undergo a systematic assessment under Articles 2(1) and 4(1) of that directive.(C-486/04, Commission v.Italian Republic, paragraphs 44-45)For further information please refer to see the Guidance on Interpretation of project categoriesin the EIA Directive http://ec.europa.eu/environment/eia/pdf/interpretation_eia.pdf53ANNEX IIPROJECTS REFERRED TO IN ARTICLE 4 (2)1.AGRICULTURE, SILVICULTURE AND AQUACULTURE(a) Projects for the restructuring of rural land holdings;(b) Projects for the use of uncultivated land or semi-natural areas for intensive agricultural purposes;(c) Water management projects for agriculture, including irrigation and land drainage projects;(d) Initial afforestation and deforestation for the purposes of conversion to another type of land use;(e) Intensive livestock installations (projects not included in Annex I);(f) Intensive fish farming;(g) Reclamation of land from the sea.2.EXTRACTIVE INDUSTRY(a) Quarries, open-cast mining and peat extraction (projects not included in Annex I);(b) Underground mining;(c) Extraction of minerals by marine or fluvial dredging;(d) Deep drillings, in particular:(i) geothermal drilling,(ii) drilling for the storage of nuclear waste material,(iii) drilling for water supplies,with the exception of drillings for investigating the stability of the soil;(e) Surface industrial installations for the extraction of coal, petroleum, natural gas and ores, as well asbituminous shale.3.ENERGY INDUSTRY(a) Industrial installations for the production of electricity, steam and hot water (projects not included inAnnex I);(b) Industrial installations for carrying gas, steam and hot water; transmission of electrical energy byoverhead cables (projects not included in Annex I);(c) Surface storage of natural gas;(d) Underground storage of combustible gases;(e) Surface storage of fossil fuels;(f) Industrial briquetting of coal and lignite;(g) Installations for the processing and storage of radioactive waste (unless included in Annex I);(h) Installations for hydroelectric energy production;(i) Installations for the harnessing of wind power for energy production (wind farms);(j) Installations for the capture of CO2 streams for the purposes of geological storage pursuant toDirective 2009/31/EC from installations not covered by Annex I to this Directive.4.PRODUCTION AND PROCESSING OF METALS(a) Installations for the production of pig iron or steel (primary or secondary fusion) includingcontinuous casting;(b) Installations for the processing of ferrous metals:(i) hot-rolling mills;(ii) smitheries with hammers;(iii) application of protective fused metal coats;(c) Ferrous metal foundries;(d) Installations for the smelting, including the alloyage, of non-ferrous metals, excluding preciousmetals, including recovered products (refining, foundry casting, etc.);(e) Installations for surface treatment of metals and plastic materials using an electrolytic or chemicalprocess;(f) Manufacture and assembly of motor vehicles and manufacture of motor-vehicle engines;(g) Shipyards;(h) Installations for the construction and repair of aircraft;(i) Manufacture of railway equipment;(j) Swaging by explosives;(k) Installations for the roasting and sintering of metallic ores.545.MINERAL INDUSTRY(a) Coke ovens (dry coal distillation);(b) Installations for the manufacture of cement;(c) Installations for the production of asbestos and the manufacture of asbestos-products (projects notincluded in Annex I);(d) Installations for the manufacture of glass including glass fibre;(e) Installations for smelting mineral substances including the production of mineral fibres;(f) Manufacture of ceramic products by burning, in particular roofing tiles, bricks, refractory bricks,tiles, stoneware or porcelain.6.CHEMICAL INDUSTRY (PROJECTS NOT INCLUDED IN ANNEX I)(a) Treatment of intermediate products and production of chemicals;(b) Production of pesticides and pharmaceutical products, paint and varnishes, elastomers andperoxides;(c) Storage facilities for petroleum, petrochemical and chemical products.7 [ Pobierz całość w formacie PDF ]