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Sourcebook on EU Environmental Law

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Sourcebook on EU Environmental Law Prepared by IEEP for the EPE Banks: The Council of Europe Bank (CEB), Paris; The European Bank for Reconstruction and Development (EBRD), London; The European Investment Bank (EIB), Luxembourg; The Nordic Environment Finance Corporation (NEFCO), Helsinki; and The Nordic Investment Bank (NIB), Helsinki. Editor: Andrew Farmer Contributors: Jonathan Armstrong, Samuela Bassi, Catherine Bowyer, Andrew Farmer, Sonja Gantioler, Kristof Geeraerts, Peter Hjerp, Megan Lewis, Marc Pallemaerts, Emma Watkins, Sirini Withana VERSION DATED MARCH 2010 1 TABLE OF CONTENTS TABLE OF CONTENTS ............................................................................................2 FOREWORD................................................................................................................4 LIST OF ACRONYMS ...............................................................................................8 1 CROSS-SECTORAL REQUIREMENTS........................................................11 1.1 Environmental Impact Assessment (EIA) ....................................................11 1.2 Disclosure of Environmental Information and Public Participation.........23 1.3 Environmental Liability .................................................................................29 1.4 Integrated Pollution Prevention and Control - Permitting Requirements 35 1.5 Industrial Risk Prevention and Management ..............................................44 1.6 Environmental Management Systems...........................................................55 1.7 Management of Chemicals.............................................................................60 1.8 Waste Prevention and Management .............................................................65 1.9 Noise Prevention and Management...............................................................77 1.10 Energy Efficiency ........................................................................................79 1.11 Air Quality and Climate Change ...............................................................86 1.12 Surface Water Quality..............................................................................108 1.13 Soil and Groundwater Protection............................................................132 1.14 Nature Protection ......................................................................................137 2 SECTOR-SPECIFIC REQUIREMENTS......................................................143 2.1 ENERGY .......................................................................................................143 2.1.1 Combustion installations including thermal power stations....................143 2.1.2 Pipelines for carrying gas, steam, hot water, oil or chemicals ................157 2.1.3 Transmission of electrical energy by overhead cables ............................159 2.1.4 Installations for hydroelectric energy production....................................160 2.1.5 Installations for energy production from wind power (wind farms) .......164 2.1.6 Crude-oil refineries..................................................................................166 2.1.7 Installations for the gasification or liquefaction of coal or bituminous shale 173 2 2.2 PRODUCTION AND PROCESSING OF METALS ................................176 2.2.1 Ferrous metal processing (with a production capacity exceeding 20 tonnes per day) ....................................................................................................176 2.2.2 Installations for the production of non-ferrous crude metals ..................189 2.2.3 Installations for surface treatment of metals (and plastic materials) using an electrolytic or chemical process..........................................................196 2.3 CHEMICAL INDUSTRY ............................................................................202 2.3.1 Chemical installations for the production of fertilizers...........................202 2.3.2 Chemical installations for the production of pesticides...........................213 2.4 WASTE MANAGEMENT...........................................................................214 2.4.1 Disposal or recovery of hazardous waste, other than through incineration... .................................................................................................................214 2.4.2 Incineration of waste (including municipal waste)..................................219 2.4.3 Landfilling of waste.................................................................................241 2.4.4 Other waste disposal and recovery operations ........................................264 2.4.5 Urban waste water treatment plants.........................................................284 2.5 EXTRACTIVE INDUSTRY........................................................................289 2.5.1 Extraction of petroleum and natural gas..................................................289 2.5.2 Mining, quarries and peat extraction .......................................................293 2.6 AGRICULTURE...........................................................................................306 2.6.1 Installations for the intensive rearing of poultry or pigs .........................306 2.6.2 Water management projects for agriculture (including irrigation and land drainage) ..................................................................................................319 2.7 OTHER INDUSTRIES.................................................................................322 2.7.1 Installations for the production of cement (clinker) ................................322 2.7.2 Installations for surface treatment using organic solvents.......................326 2.7.3 Industrial plants for the production of pulp and paper ............................348 2.7.4 Food and beverage processing.................................................................352 2.8 INFRASTRUCTURE PROJECTS .............................................................358 2.8.1 Construction of long-distance railway lines ............................................358 2.8.2 Airports (with a basic runway length of 2,100 m or more) .....................359 2.8.3 Construction of motorways and (express) roads .....................................361 2.8.4 Dams and other installations designed for the permanent storage of water .. .................................................................................................................363 2.8.5 Urban development projects (including the construction of shopping centres, car parks and large housing estates) ...........................................367 2.8.6 Healthcare facilities, clinics and hospitals (including related waste treatment and disposal facilities) .............................................................368 2.8.7 Industrial estates......................................................................................372 ANNEX: INDEX OF LEGISLATION...................................................................376 3 FOREWORD In May 2006, five European multilateral financial institutions launched the “European Principles for the Environment” (EPE), and subscribed to a common Declaration recognising the comparable approach taken by the Signatories to environmental management and to the integration of environmental considerations in their respective operations and mandates. The Signatory institutions, hereafter referred to as 'the EPE Banks', are: The Council of Europe Bank (CEB), Paris; The European Bank for Reconstruction and Development (EBRD), London; The European Investment Bank (EIB), Luxembourg; The Nordic Environment Finance Corporation (NEFCO), Helsinki; and The Nordic Investment Bank (NIB), Helsinki. Through the EPE, the Signatory institutions, desiring to promote the European Union's approach to environmental sustainability, which is as strong as any that exists, committed themselves, subject to their respective environmental policies, to applying EU principles, practices and standards to all projects financed by them. The EPE consist of the guiding environmental principles enshrined in the EC Treaty and the project-specific practices and standards incorporated in EU secondary legislation on the environment, the EU environmental acquis. As part of the EPE, the Signatory institutions also aim to promote best EU practice in the fields of environmental management, transparency, public consultation and reporting. The geographical scope of the EPE covers at least the respective regions of operations of each Signatory institution, or any other geographic area it deems appropriate, including the Member States of the EU (EU 27) and European Economic Area (EEA) countries, the EU Accession, Acceding1, Candidate and potential Candidate Countries and the Countries that are covered in the "EU's European Neighborhood and Partnership Instrument". In the EU Member States, the EEA countries, the EU Accession, Acceding, Candidate and potential Candidate Countries, the EPE Banks have agreed to provide financing to public or private sponsors of projects only where the projects comply with the EPE principles and the relevant secondary EU legislation. Projects in this region should also comply with any obligations and standards enshrined in relevant Multilateral Environmental Agreements (MEAs), according to applicable EU law. In all other countries, projects financed by the EPE Banks are expected to comply with the appropriate EU environmental principles, practices
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