Answer given by Mr Sinkevičius on behalf of the European Commission
6.5.2024
According to Article 6.3 the Habitats Directive[1], any project not directly connected with or necessary to the management of the site but likely to have a significant effect thereon shall be subject to appropriate assessment of its implications for the site in view of the site's conservation objectives.
Italy has transposed these provisions into its legislation[2] and established national guidelines for their implementation[3]. The Sardinian region has also adopted updated guidelines and procedures[4] to ensure the proper implementation of these provisions.
Wind farm projects fall within Annex II, point 3(i) of the Environmental Impact Assessment (EIA) Directive[5]. Thus, Member States must determine through a case-by-case examination or thresholds or criteria, whether the project must be made subject to an EIA before authorisation.
It is for the competent national authorities to establish whether the project must be subject to an EIA, based on its specific characteristics[6]..
The Strategic Environmental Assessment (SEA) Directive[7] sets out a procedure that must be undertaken to assess a plan or programme to which the directive applies. The Commission has no information on whether the projects in question are part of a plan.
Without prejudice to the Commission’s role as guardian of the Treaties, Member States are primarily responsible to ensure compliance with EU law, including assessing possible environmental impacts of plans and projects and verifying individual cases of potential breach of the relevant rules. In line with its strategic approach on enforcement action[8] the Commission focuses on systemic non-compliance.
- [1] Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206 22.7.1992, p. 7).
- [2] https://www.mase.gov.it/pagina/la-valutazione-di-incidenza-vinca#:~:text=Si%20tratta%20del%20processo%20d,di%20significativit%C3%A0%20di%20tali%20incidenze
- [3] https://www.mase.gov.it/pagina/linee-guida-nazionali-la-valutazione-di-incidenza-vinca-direttiva-92-43-cee-habitat-articolo
- [4] https://portal.sardegnasira.it/valutazione-di-incidenza.
- [5] Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment (OJ L 26, 28.1.2012), as amended by Directive 2014/52/EU (OJ L 124, 25.4.2014).
- [6] Depending on the starting date of the permit-granting processes for these projects, they may fall under the scope of Council Regulation (EU) 2022/2577 of 22 December 2022 laying down a framework to accelerate the deployment of renewable energy which allows Member States to exempt certain renewable energy projects from environmental impact assessment under the EIA Directive subject to certain conditions.
- [7] Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment (OJ L 197, 21.7.2001), p. 30-37.
- [8] As set out in the communication of 19 January 2017: EU law: Better results through better application — C/2016/8600, OJ C 18, 19.1.2017, p. 10-20 and in the communication of 13 October 2022: COM(2022) 518 final — Enforcing EU law for a Europe that delivers.