As of: August 2006

Clarification of the Application of Article 2(3) of the EIA Directive

The aim of this document is to assist Member States’ authorities in deciding when and how Art. 2(3) of the EIA Directive should be applied. The document was prepared by experts in EIA from EU Member States and the European Economic Area, and by the Environment Directorate-General of the European Commission.

This document represents only the views of the Commission services and is not of a binding nature. The present version is not meant to be definitive. The document may be revised in the future, on the basis of further experience in the implementation of the EIA Directive and to reflect any future case law. It must be emphasised that, in the last resort, it rests with the European Court of Justice (ECJ) to interpret a Directive.