The new Industrial Emissions Directive

Public participation takes place at every stage of the EIA process, e.g. at the process of scoping where the public comments on the information provided on the proposed project. Member States are required to ensure that the public receives information on the projects within a reasonable time, Article 6 (2) of the directive.

In 2003, during the amendment procedure of the former EIA Directive (Directive 97/11/EC), Article 10 was introduced into Directive 2003/35/EC. This article ensured public participation consistent with the provisions of the Aarhus Convention, in particular Article 7 thereof. During previous amendments, Article 10 of Directive 2003/35/EC was transposed into Article 11 of the EIA Directive (2011).

Under Article 11 of the EIA Directive, Member States shall also ensure that members of the public involved have access to a review procedure before a court of law or another independent and impartial body. It does not matter if there has been a violation of legislation which confers individual rights because such a concept does not exist in European Law. In general, in the field of environmental conservation, legislation often does not confer rights on individuals. It only provides for nature protection as such. Therefore, the directive on public participation is directly applicable (cf. C-115/09).

Public participation is one of the centrepieces of the EIA process. The involvement of stakeholder groups, such as local people, project beneficiaries, NGOs, experts, etc. provides for quality, comprehensiveness and effectiveness. Usually, stakeholder’s views are adequately addressed.