Environmental Impact Assessment Act - FAOfaolex.fao.org/docs/pdf/ger36861E.pdfdetail in the general...

Environmental Impact Assessment Act *) [Gesetz über die Umweltverträglichkeitsprüfung – UVPG]

as published in the announcement of 5 September 2001 (BGBl. I p. 2350),

(as amended by Art. 16a of the 10th Euro Introduction Act [EuroEG] of 15 December 2001 (BGBl. I p. 3765), by Art. 3 para. 9 of the Act reforming the

Federal Nature Conservation Act [BNatSchGNeuRegG] of 3 April 2002 (BGBl. I p.1217), by Art. 2 of the 7th Act reforming the Federal Water Act [Wasserhaushaltsgesetz] of 18 June 2002

(BGBl.I p. 1921) and by Art. 3 of the Act Adapting the Federal Building Code [Baugesetzbuch] to EU Directives [EAG Bau] of 24 June 2004 (BGBl. I p. 1380f.))

Part 1 Environmental impact assessment in procedures applied by authorities

Section 1 General Provisions

Article 1 Purpose of the Act

The purpose of this Act is to ensure, in the case of certain public and private projects, that in

order to guarantee effective preventive environmental protection based on uniform principles

1. the impacts on the environment are identified, described and assessed comprehensively and

in good time,

2. the results of the environmental impact assessment are taken into account as early as

possible in all cases in which authorities decide upon the admissibility of projects.

Article 2 Definition of Terms

(1) The environmental impact assessment represents an integral part of procedures applied

by authorities when deciding upon the admissibility of projects. Environmental impact

assessment comprises identification, description and assessment of the direct and indirect

impacts of a project on

1. human beings, animals and plants,

2. soil, water, air, climate and landscape,

3. cultural heritage and other material assets, and

4. the interactions between the foregoing protected assets.

*) The Act serves to transpose Council Directive 97/11/EC of 3 March 1997 amending Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment, OJ EC No. L73 p. 5, and Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment, OJ EC No. 175 p. 40

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Environmental impact assessments shall be conducted with the involvement of the public. If

decisions on the admissibility of a project are taken in more than one procedure, the individual

assessments made in these procedures shall be combined to provide an overall assessment of

all environmental impacts.

(2) A “project” shall be

1. pursuant to Annex 1

a) the construction and operation of a technical installation,

b) the construction of other installations,

c) the execution of any other measure which encroaches on nature and landscape,

2. the alteration, including expansion, of

a) the location, nature or operation of a technical installation,

b) the location or nature of any other installation,

c) the execution of any other measure which encroaches on nature and landscape.

(3) “Decisions” within the meaning of para. 1 sentence 1, shall be

1. a concession [Bewilligung], permit [Erlaubnis], licence [Genehmigung], plan approval

[Planfeststellungsbeschluss] or other official decision on the admissibility of projects that is

taken by authorities within the framework of an administrative procedure, with the exception

of notification procedures,

2. line determinations [Linienbestimmungen] and decisions in preliminary procedures which are

of significance for subsequent procedures,

3. resolutions pursuant to Art. 10 of the Building Code [Baugesetzbuch] on the preparation of,

alterations to or additions to zoning plans which are intended to establish the admissibility of

certain projects within the meaning of Annex 1, and resolutions pursuant to Art. 10 of the

Building Code on zoning plans which replace decisions on plan approvals for projects within

the meaning of Annex 1.

Article 3 Scope of application

(1) This Act shall apply to the projects listed in Annex 1. The Federal Government shall be

empowered, by means of statutory ordinance with the consent of the Bundesrat,

1. to include in Annex 1 projects which in view of their type, scale or location may have

significant impacts on the environment,

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2. to exclude from Annex 1, having regard to the legal acts of the Council or Commission of the

European Communities, projects which, according to present findings, do not give reason to

fear any significant impacts on the environment.

Insofar as use is made of these powers, the Federal Government shall also be empowered to

make necessary follow-up alterations to references made in the provisions of this Act to certain

projects listed in Annex 1. Statutory ordinances issued on the basis of these powers shall

require the consent of the Bundestag. Consent shall be deemed to have been granted if the

Bundestag has not refused its consent within three session weeks after receipt of the

submission by the Federal Government.

(2) Insofar as compelling reasons of defence or discharge of international obligations so

require, the Federal Minister of Defence may grant exemption from application of this Act or

allow exceptions from compliance with this Act in the case of projects for the purpose of national

defence in accordance with guidelines to be laid down in agreement with the Federal Minister

for the Environment, Nature Conservation and Nuclear Safety. In doing so he shall pay regard

to protection from significant adverse environmental impacts. Other statutory provisions

concerning the approval procedure shall not be affected. The Federal Minister of Defence shall

annually inform the Federal Minister for the Environment, Nature Conservation and Nuclear

Safety about the application of this paragraph.

Article 3a Determination of EIA obligation

The competent authority, upon application by a project developer or in response to a request

pursuant to Art. 5, or otherwise after the commencement of the procedure that serves to decide

on the admissibility of the project, shall on the basis of suitable details about the project and

information of its own determine without delay whether under Art. 3b to 3f an obligation exists to

carry out an environmental impact assessment for the project. Where a screening (case-by-

case examination) has been made, such determination shall be made accessible to the public in

accordance with the provisions of the Environmental Information Act

[Umweltinformationsgesetz]; if no environmental impact assessment is to be made, this shall be

announced. The determination cannot be contested in its own right.

Article 3b EIA obligation due to type, scale and capacity of project

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(1) The obligation to carry out an environmental impact assessment shall exist for a project

listed in Annex 1 if the criteria for determining its type are available. Insofar as size or capacity

figures are specified, an environmental impact assessment is to be performed if the values are

reached or exceeded.

(2) The obligation to perform an environmental impact assessment shall also exist if several

projects of the same type which are to be executed simultaneously by the same developer or

more than one developer and which are closely related (cumulative projects) together reach or

exceed the relevant size or capacity figures. Such projects shall be deemed to be closely

related if

1. they are situated as technical or other installations on the same operating or construction

site and are connected with common operating or constructional facilities, or

2. as other measures encroaching on nature and landscape there is a close spatial connection

between them,

and if they serve a comparable purpose. The sentences 1 and 2 shall apply only to projects

which, taken on their own, reach or exceed the figures for the site-related screening or, if no

such examination is required, the figures for the general screening in Annex 1 column 2.

(3) If alteration or extension of a project not previously subject to EIA requirements results in the

relevant size or capacity figure being reached or exceeded for the first time, an environmental impact

assessment shall be carried out for the alteration or extension and shall take account of the environ-

mental impacts of the existing project not previously subject to EIA requirements. Existing projects

shall also include cumulative projects within the meaning of para. 2, sentence 1. The levels falling

within the relevant scope of application of Directives 85/337/EEC and 97/11/EC but reached before

expiration of the respective implementation deadlines shall be disregarded as far as reaching or

exceeding the size or capacity figures is concerned. Sentences 1 to 3 shall not apply to the industrial

zones and urban development projects listed in Annex 1 No. 18.5, 18.7 and 18.8. Sentence 1 shall

apply to the projects listed in Annex 1 Nos. 14.4 and 14.5 provided that in addition to a close spatial

relationship there is also a close relationship in time.

Article 3c EIA obligation in the individual case

(1) Insofar as Annex 1 provides for a general screening for a project, an environmental

impact assessment shall be performed if, in the opinion of the competent authority on the basis

of an overall examination having regard to the criteria listed in Annex 2, the project is capable of

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having significant adverse environmental impacts which would have to be taken into account

pursuant to Art. 12. Where a site-related screening is required for a project of smaller size or

capacity, the same shall apply if despite the smaller size or capacity of the project significant

adverse environmental impacts are to be expected solely as a result of special local

circumstances in accordance with the protection criteria listed in Annex 2 No. 2. screenings

shall take account of the extent to which environmental impacts are evidently ruled out by the

avoidance and minimisation measures planned by the project developer. The general screening

shall also take account of the extent to which test values for size or capacity that initiate the

screening are exceeded. Art. 3b para. 2 and 3 shall apply with the necessary modifications to

reaching or exceeding the test values for size or capacity.

(2) a) The criteria listed in Annex 2 (Criteria for screening) shall be defined forthwith in

greater detail by statutory ordinance of the Federal Government with the consent of the

Bundesrat.

b) Principles and procedures for case-by-case examinations shall be defined in greater

detail in the general administrative guideline on the implementation of the Environmental Impact

Assessment Act.

Article 3d EIA obligation under Länder legislation

Insofar as an obligation to perform an environmental impact assessment under Land legislation is

specified for certain projects in Annex 1, the Länder shall by means of size or capacity figures, by

means of general or site-related screening, or by a combination of these methods, regulate the

conditions under which an environmental impact assessment is to be performed.

Article 3e Alteration and extension of projects subject to EIA requirements

(1) The obligation to perform an environmental impact assessment shall also apply to the

alteration or extension of a project for which an EIA obligation already exists as such, if

1. size or capacity figures specified in Annex 1 for projects in column 1 are themselves reached

or exceeded by the alteration or extension, or

2. screening within the meaning of Art. 3c para. 1, sentences 1 and 3, reveals that the

alteration or extension is capable of having significant adverse environmental impacts; the

screening shall also cover such earlier alterations or extensions to the project subject to EIA

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requirements as have not been the subject of an environmental impact assessment under

the version of the Act in force at the time.

(2) Para. 1 No. 2 shall apply to the case of an extension to the projects listed in Annex 1

Nos. 18.1 to 18.8 or an alteration to the projects listed in Annex 1 No. 18.8, provided

that the relevant test value specified there for the construction of the project in

question is reached or exceeded.

Article 3f Development and testing projects subject to EIA requirements

(1) Where a project listed in Annex 1 column 1 is intended exclusively or predominantly for

the development and testing of new methods or products (development and testing projects)

and is not implemented for more than two years, an environmental impact assessment may be

waived if a screening pursuant to Art. 3c para. 1 sentence 1, reveals that, having special regard

to the duration of project implementation, there is no reason to fear any significant adverse

environmental impacts resulting from the project.

(2) A project listed in Annex 1 column 2 which is a development and testing project shall be

subject to the general rule in Art. 3c para. 1.

Article 4 Primacy of other statutory provisions

This Act shall apply insofar as Federal or Länder statutory provisions do not define assessment

of environmental impacts more closely or insofar as their provisions do not meet the require-

ments of this Act. Statutory provisions containing more stringent requirements shall not be

affected.

Section 2 Steps in the environmental impact assessment procedure

Article 5 Information on the documentation probably required

If a developer so requests the competent authority before the commencement of the procedure

leading to the decision on the admissibility of the project, or if the competent authority considers

it to be necessary before the commencement of the procedure, the authority shall, in the light of

the stage reached in the planning of the project and on the basis of suitable details of the

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project, inform the developer in good time about the content and extent of the documentation on

the environmental impacts of the project that will probably be required pursuant to Art. 6. Before

providing such information, the competent authority shall give the developer and the authorities

to be involved pursuant to Art. 7 an opportunity to discuss the content and extent of the

documentation. The discussion is to cover the subject, extent and methods of the environmental

impact assessment and other issues of significance for the conduct of the environmental impact

assessment Independent experts and other third parties may be consulted. If the competent

authority or the authorities to be involved have information at their disposal that is of use for

provision of the documentation pursuant to Art. 6, they shall make such information available to

the project developer.

Article 6 Developer’s documents

(1) At the beginning of the procedure during which the environmental impacts are assessed,

the developer shall present to the competent authority the documents which are of significance

for a decision on the environmental impacts of the project. If the commencement of the

procedure requires a written application, the submission of a plan or some other action by the

developer, the documents required pursuant to sentence 1 shall be submitted in good time for

them to be exhibited along with the other documents.

(2) The content and scope of the documents pursuant to para. 1 shall be defined by the

statutory provisions which are authoritative for the decision on the admissibility of the project.

Paras. 3 and 4 shall be applied insofar as the documents mentioned in these paragraphs are

not defined in detail by statutory ordinance.

(3) The documents pursuant to para. 1 must contain at least the following information:

1. a description of the project with details of the site, design and size of the project and the land

required,

2. a description of the measures which will be taken to avoid, reduce or, as far as possible,

compensate for any significant adverse environmental impacts of the project, and the

substitute measures in the case of priority encroachments on nature and landscape for

which no compensation is possible,

3. a description of the expected significant adverse environmental impacts of the project,

having regard to the general level of knowledge and the generally accepted assessment

methods,

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4. a description of the environment and its components in the area affected by the project,

having regard to the general level of knowledge and the generally accepted assessment

methods, and details of the population in this area, insofar as the description and the details

are necessary for the identification and assessment of significant adverse environmental

impacts of the project and the developer can reasonably be expected to supply them,

5. an overview of the principal alternative options investigated by the developer and details of

the main reasons for selecting the present project with regard to the environmental impacts

of the project.

A generally comprehensible non-technical summary of the information pursuant to sentence 1

must be appended. The information pursuant to sentence 1 must enable third parties to judge

whether and to what extent they might be affected by the environmental impacts of the project.

(4) The documents must also include the following details, insofar as they are necessary for

the environmental impact assessment depending on the nature of the project:

1. a description of the main features of the technical processes used,

2. a description of the type and extent of the expected emissions, waste, wastewater, the use

and design of water, soil, nature and landscape, and details of other consequences of the

project that might result in significant adverse environmental impacts,

3. an indication of any difficulties encountered in compiling the information, for example any

technical gaps or lack of knowledge.

The summary pursuant to para. 3 sentence 2 must also cover the details mentioned in Nos. 1

and 2.

(5) Paras. 1 to 4 shall apply with the necessary modifications if the competent authority is

acting for the corporate body under public law which is the developer of the project.

Article 7 Participation of other authorities

Those authorities whose environment-related sphere of responsibility is affected by the project

shall be informed about the project by the competent authority, which shall also send them the

documentation pursuant to Art. 6 and obtain their statements. Art. 73 para. 3a of the

Administrative Procedures Act [Verwaltungsverfahrensgesetz] shall apply with the necessary

modifications.

Article 8 Transboundary Participation of Authorities

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(1) If a project is capable of having significant impacts on the protected assets mentioned in

Art. 2 para. 1 sentence 2 in another state or if such other state so requests, the competent

authority shall in good time inform the competent authority nominated by the other state about

the project with the aid of suitable documentation and ask for notification within a reasonable

period as to whether participation is desired. If the other state has not nominated an authority,

the other state’s highest-ranking authority for environmental matters is to be informed. If

participation is considered necessary, the competent authority shall give the nominated

competent authority of the other state and any other authorities specified by the latter authority

an opportunity to make a statement on the basis of the documentation pursuant to Art. 6 at the

same time and to the same extent as the authorities to be involved pursuant to Art. 7. Art. 73

para. 3a of the Administrative Procedures Act [Verwaltungsverfahrensgesetz] shall apply with

the necessary modifications.

(2) Insofar as is necessary or the other state so requests, the competent highest Federal and

Länder authorities shall within an agreed reasonable period of time hold consultations with the

other state, in particular about the transboundary environmental impacts of the project and the

measures to avoid or reduce them.

(3) The competent authority shall inform the participating authorities in the other state about

the decision on the approval or rejection of the project, in each case together with the reasons

given. Where the requirements of the principles of reciprocity and equivalence are satisfied, the

authority may enclose a translation of the approval decision.

(4) Further provisions on the implementation of Federal and Länder obligations under

international law shall not be affected.

Article 9 Involvement of the public

(1) The competent authority shall hear the public’s views on the project’s environmental

impacts on the basis of the documents exhibited pursuant to Art. 6. The hearing procedure shall

comply with the requirements of Art. 73 para. 3, 4 to 7 of the Administrative Procedures Act. If

the developer alters the documents required pursuant to Art. 6 in the course of the procedure, a

fresh public hearing may be dispensed with as long as no additional or different significant

environmental impacts are to be feared.

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(2) The competent authority, applying Art. 74 para. 5 sentence 2 of the Administrative

Procedures Act with the necessary modifications, shall publicly announce the decision on the

approval or rejection of the project and shall exhibit the decision together with explanatory

memorandum for inspection in accordance with Art. 74 para. 4 sentence 2 of the Administrative

Procedures Act with the necessary modifications.

(3) Notwithstanding paras. 1 and 2, the public shall be involved in the preliminary procedures

by

1. publicly announcing the project,

2. ensuring that the documents required pursuant to Art. 6 can be inspected for a reasonable

period of time,

3. providing an opportunity for comment,

4. informing the public about the decision and giving the public access to the content of the

decision together with explanatory memorandum.

Involving the public shall not establish any legal claims; the pursuit of claims in the subsequent

approval procedure shall not be affected.

Article 9a Transboundary involvement of the public

(1) If a project is capable of having significant environmental impacts in another state,

persons living there may participate in the hearing procedure pursuant to Art. 9 paras. 1 and 3.

The competent authority shall use its best efforts to procure that

1. the project is announced in a suitable manner in the other state,

2. such announcement includes details of the authority to which objections may be made in the

procedure pursuant to Art. 9 para. 1 or counter-statements submitted in the procedure

pursuant to Art. 9 para. 3, and

3. it is pointed out that in the procedure pursuant to Art. 9 para. 1 all objections that are not

founded on special titles under private law are ruled out upon expiration of the objection

period.

(2) The competent authority may demand that the developer provide it with a translation of

the summary pursuant to Art. 6 para. 3 sentence 2 and, where necessary, of further project

details of relevance to transboundary public participation, especially about transboundary

environmental impacts, insofar as the requirements for the principles of reciprocity and

equivalence are satisfied in relation to the other state.

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(3) Further provisions on the implementation of Federal and Länder obligations under

international law shall not be affected.

Article 9b Transboundary participation of authorities and public in the case of foreign projects

(1) If a project planned in another state is capable of having significant environmental

impacts in the Federal Republic of Germany, the German authority which would be competent

for a project of the same kind in Germany shall ask the competent authority in the other state for

documentation about the project, in particular a description of the project and details of its

transboundary environmental impacts. If it considers participation in the approval procedure to

be necessary, it shall so inform the competent authority in the other state and shall where

necessary request further details within the meaning of Art. 6 paras. 3 and 4, inform the

authorities within the meaning of Art. 7 about the details, and draw attention to the authority in

the other state to which a statement may if appropriate be submitted and the deadline by which

this must be done, unless it considers the submission of a single statement to be indicated. The

competent German authority should ask the competent authority in the other state for a

translation of suitable details of the project, and especially about transboundary environmental

impacts.

(2) On the basis of the documentation supplied by the other state, the competent German

authority shall announce the project in a suitable manner to the public in the areas likely to be

affected, if public participation is provided for by the rules of the other state or would have to be

ensured under this Act. When doing so, it shall specify the authority in the other state to which a

statement may be sent if appropriate and the deadline by which this must be done, and shall

provide an opportunity to inspect the documentation within a reasonable period.

(3) Art. 8 paras. 2 and 4 and Art. 9a para. 3 shall apply with the necessary modifications.

Article 10 Secrecy and data protection

The legal provisions on secrecy and data protection shall not be affected.

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Article 11 Summary description of environmental impacts

On the basis of the documentation pursuant to Art. 6, the official statements pursuant to Art. 7

and Art. 8 and the opinions voiced by the public pursuant to Art. 9 and Art. 9a, the competent

authority shall prepare a summary description of the environmental impacts of the project and of

the measures which will be taken to avoid, reduce or compensate for any significant adverse

environmental impacts, and the substitute measures in the case of priority encroachments on

nature and landscape for which no compensation is possible, The results of any investigations

made by the authority itself are to be included. The summary description is as far as possible to

be prepared within one month after completion of the consultations in the hearing procedure

pursuant to Art. 9 para. 1 sentence 2. The summary description may be included in the

explanatory memorandum to the decision on the admissibility of the project. The explanatory

memorandum shall if appropriate include a description of the avoidance, reduction,

compensation and substitute measures.

Article 12 Assessing environmental impacts and taking the results into account in the decision

The competent authority shall assess the environmental impacts of the project on the basis of

the summary description pursuant to Art. 11 and shall take this assessment into account when

deciding on the admissibility of the project with regard to effective preventive environmental

protection within the meaning of Art. 1, Art. 2 para. 1 sentences 2 and 4 in accordance with the

applicable laws.

Article 13 Provisional decision and partial approvals

(1) Provisional decisions and first partial licences or corresponding first partial approvals may

only be granted after an environmental impact assessment has been performed. The

environmental impact assessment shall in such cases apply with provisional effect to the

environmental impacts of the entire project that are identifiable at the relevant stage of planning,

and with final effect to the environmental impacts that form the subject of the provisional

decision or partial approval. When providing information about the documentation probably

required to be submitted pursuant to Art. 5 and when providing the documents pursuant to

Art. 6, this extent of the environmental impact assessment shall be taken into account.

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(2) In the case of further partial licences or corresponding partial approvals the environ-

mental impact assessment shall be confined to additional or different significant environmental

impacts of the project. Para. 1 shall apply with the necessary modifications.

Article 14 Approval of a project by several authorities

(1) If a project has to be approved by several Land authorities, the Länder shall designate a

lead authority which shall be responsible for at least the tasks pursuant to Art. 3a, Art. 5, Art. 8

paras. 1 and 3, Art. 9a and Art. 11. The Länder may assign further responsibilities pursuant to

Articles 6, 7 and 9 to the lead authority. The lead authority shall perform its functions in

cooperation with at least the approval authorities and the nature conservation authority whose

sphere of responsibility is affected by the project. If a project requires a licence under the

Nuclear Energy Act and approval by one or more other authorities, and if one of the competent

authorities is a Federal authority, the licensing authority under nuclear legislation shall be the

lead authority. It shall be responsible for the tasks pursuant to Art. 3a, Art. 5 to 7, Art. 8 para. 1

and 3, Art. 9, Art. 9a and Art. 11.

(2) The approval authorities shall prepare an overall assessment of the project’s environ-

mental impacts on the basis of the summary description pursuant to Art. 11 and shall take it into

account pursuant to Art. 12 when making their decisions. The lead authority shall ensure

cooperation between the approval authorities.

Section 3 Special procedural rules

Article 15 Line determination and airport development consent

(1) For line determination pursuant to Art. 16 para. 1 of the Federal Highways Act

[Bundesfernstrassengesetz] and pursuant to Art. 13 para. 1 of the Federal Waterways Act

[Bundeswasserstrassengesetz], and in preliminary procedures pursuant to Art. 6 para. 1 of the

Air Traffic Act [Luftverkehrsgesetz] in the case of projects listed in Annex 1 the environmental

impact shall be assessed in relation to the planning stage of the project. This provision shall not

apply if the environmental impact has already been assessed in a regional planning procedure

which complied with the requirements of paras. 2 and 3 regarding the involvement of the public.

(2) For the purpose of involvement of the public in the line determination, the documents

pursuant to Art. 6 shall at the instigation of the competent authority by exhibited for inspection

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for one month in the municipalities likely to be affected by the project; the municipalities shall

previously announce such exhibition by the usual local means. Anyone may express opinions

up to two weeks after the end of the inspection period. The public shall be informed about the

decision by announcing it by the usual local means. Article 9 para. 3 sentence 2 shall apply with

the necessary modifications.

(3) For the purpose of involving the public in preliminary procedures pursuant to Art. 6

para. 1 of the Air Traffic Act, para. 2 sentences 1 and 2 shall be applied with the necessary

modifications. Art. 9 para. 3 shall otherwise remain unaffected.

(4) In the subsequent approval procedure the environmental impact assessment may be

restricted to additional or different significant environmental impacts of the project.

Article 16 Development plans, regional planning procedure and approval procedure

(1) When drawing up and amending development plans, a review of expected significant

environmental impacts within the meaning of 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 (Official Journal EC No. L 197 p. 30) (environmental

assessment) shall be performed.

(2) In a regional planning procedure the project’s environmental impacts of regional planning

significance may be determined, described and assessed in relation to the planning stage

reached by the project.

(3) If an environmental assessment in a procedure pursuant to Article 1 and an

environmental impact assessment in a subsequent approval procedure for a project are being

implemented, the environmental impact assessment may be restricted in the subsequent

approval procedure to additional or different significant environmental impacts of the project.

(4) Pursuant to Art. 12 the competent authority shall in the subsequent approval procedure

for a project take account in its decision on the admissibility of the project of the project’s

environmental impacts determined, described and assessed in the procedure pursuant to

para. 2.

(5) In the subsequent approval procedure the requirements of Art. 5 to 8 and Art. 11 should

be dispensed with in relation to the environmental impacts determined and described in the

procedure pursuant to para. 2, insofar as these procedural steps have already taken place in

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the procedure pursuant to para. 2. Hearing of the public pursuant to Art. 9 para. 1 and Art. 9a

and assessment of environmental impacts pursuant to Art. 12 should be restricted to additional

or different significant environmental impacts, insofar as the public was involved in the

procedure pursuant to para. 2 in accordance with the provisions of Art. 9 para. 3.

Article 17 Preparation of building master plans

(1) If local development plans within the meaning of Art. 2 para. 3 no. 3 are prepared,

amended or supplemented, particularly for projects pursuant to nos. 18.1 to 18.9 of Annex 1,

the environmental impact assessment including the screening pursuant to Art. 2 para. 1

sentences 1 to 3 and Articles 3 to 3f shall be performed in the planning procedure as an

environmental assessment pursuant to the provisions of the Building Code [Baugesetzbuch].

Notwithstanding sentence 1, no screening stipulated by this law is required, if an environmental

assessment pursuant to the provisions of the Building Code [Baugesetzbuch] which at the same

time satisfies the requirements of an environmental impact assessment is performed for the

development plan to be prepared.

(2) If under this act there is an obligation to carry out a strategic environmental assessment

for preparing, amending or supplementing a building master plan, an environmental assessment

including monitoring pursuant to the provisions of the Building Code [Baugesetzbuch] shall be

performed to this end.

(3) If the environmental impact assessment is performed in a planning procedure for a

development plan and in a subsequent approval procedure, the environmental impact

assessment in the subsequent approval procedure should be restricted to additional or different

significant environmental impacts of the project.

Article 18 Procedures under mining law

In the case of mining projects listed in Annex 1, the environmental impact assessment pursuant

to Art. 2 para. 1 sentences 1 to 3 shall be performed in the plan approval procedure pursuant to

the Federal Mining Act [Bundesberggesetz]. Articles 5 to 14 shall not apply.

Article 19 Land consolidation procedures

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In plan approval procedures on a route and water plan with a supplementary landscape

conservation plan pursuant to Art. 41 of the Land Consolidation Act [Flurbereinigungsgesetz]

the public shall be involved pursuant to the provisions of Art. 9 para. 3.

Part 2 Rules for certain utility lines and other installations (Annex 1 No. 19)

Article 20 Plan approval, plan authorisation

(1) Projects listed in Annex 1 under Nos. 19.3 to 19.9 and alterations to such projects require

plan approval by the competent authority, insofar as an obligation exists pursuant to Art. 3b to

3f to perform an environmental impact assessment for the project.

(2) Where there is no obligation to perform an environmental impact assessment, the project

requires plan authorisation. No plan authorisation is required in cases of minor significance.

Such a case exists if the test figures pursuant to Art. 3c para. 1 for size and capacity which

initiate the screening are not reached or the requirements of Art. 74 para. 7 sentence 2 of the

Administrative Procedures Act are satisfied; Art. 3b para. 2 and 3 shall apply with the necessary

modifications. Sentences 2 and 3 shall not apply to the construction, operation and alteration of

pipeline systems for the transportation of substances dangerous to water or to changes in their

operation, with the exception of changes of minor significance.

Article 21 Decisions, ancillary provisions

(1) Plan approval may only be given if

1. it is certain that there will be no impairment of the common good, especially

a) no dangers can be caused to the protected assets mentioned in Art. 2 para. 1 sentence 2

and

b) steps are taken to prevent any impairment of the protected assets, especially by means

of constructional, operational or organisational measures in accordance with best

available technology,

2. the project does not conflict with any environmental provisions or other provisions of public

law,

3. the objectives of regional policy are complied with and other requirements of regional policy

are taken into account,

4. occupational safety and health issues are safeguarded.

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(2) The plan approval decision may be made subject to conditions or requirements or for a

limited period, insofar as this is necessary to safeguard the common good or to satisfy public-

law provisions which may conflict with the project. Inclusion, alteration or addition of conditions

relating to requirements for the project shall be permissible even after plan approval has been

given.

(3) Paras. 1 and 2 shall with the necessary modifications apply to plan authorisation.

(4) The Federal Government shall be empowered to enact, by statutory ordinance with the

consent of the Bundesrat and after hearing the parties concerned, provisions for satisfying the

requirements of para. 1 no. 1 by means of

1. constructional, operational or organisational measures in accordance with best available

technology to prevent any impairment of the protected assets,

2. duties of information on the part of the developer in relation to authorities and the public,

3. the investigation of projects by independent experts, independent expert organisations

and licensed inspection institutions, and by means of the requirements that such

independent experts, independent expert organisations and licensed inspection

institutions must satisfy,

4. modification of existing projects to bring them into line with the provisions in force.

The statutory ordinance shall contain stipulations on the establishment of technical committees.

The committees shall advice the Federal Government or the Federal Ministry for the

Environment, Nature Conservation and Nuclear Safety in technical matters. They propose rules

(technical rules) in accordance with best available technology, having regard to the rules

existing for other protection goals, and, insofar as their competences are concerned, in

agreement with the Technical Committee for Plant Safety pursuant to Art. 31a (1) of the Federal

Immission Control Act. Representatives of the Federal or Länder authorities involved, of

independent experts, independent expert organisations and licensed inspection institutions,

science and manufacturers and operators of utility lines have to be appointed as members to

the committees. Technical rules shall be published by the Federal Ministry for the Environment,

Nature Conservation and Nuclear Safety in the Federal Gazette.

Article 22 Procedures

The execution of the plan approval procedure and the plan authorisation procedure shall be

subject to Art. 72 to 78 of the Administrative Procedures Act. The Federal Government shall be

18

empowered to regulate, by means of statutory ordinance with the consent of the Bundesrat,

further details of the plan approval procedure, especially the nature and extent of the application

documents.

Article 23 Provisions concerning administrative fines

(1) It shall be an administrative offence to deliberately or negligently

1. implement a project without plan approval pursuant to Art. 20 para. 1 or without plan

authorisation pursuant to Art. 20 para. 2 sentence 1,

2. contravene an enforceable requirement pursuant to Art. 21 para. 2, or

3. contravene a statutory ordinance pursuant to

a) Art. 21 para. 4 sentence 1, no. 1, 3 or 4, or

b) Art. 21 para. 4 sentence 1, no. 2

or an enforceable ruling based on such a statutory ordinance, insofar as the statutory

ordinance refers for a certain act to these provisions concerning administrative fines.

(2) The administrative offence described in para. 1 no. 3 letter b shall be punishable by a fine

of up to twenty thousand euros, in all other cases by a fine of up to fifty thousand euros.

Part 3 Common Provisions

Article 24 Administrative Rules

The Federal Government shall with the consent of the Bundesrat enact administrative

guidelines concerning

1. criteria and methods to be used as a basis when determining, describing and assessing

environmental impacts (Art. 2 para. 1 sentence 2) for the purpose mentioned in Art. 1 and

Art. 12,

2. principles for information about documents probably required to be submitted pursuant to

Art. 5,

3. principles for the summary description of the environmental impacts pursuant to Art. 11 and

the assessment pursuant to Art. 12.

Article 25 Transitional Provision

19

(1) Procedures pursuant to Art. 2 para. 1 sentence 1 and Art. 2 para. 3 which serve the

purpose of a decision on the admissibility of projects and which were commenced before

3 August 2001 shall be completed in accordance with the provisions of this Act. If, in the case of

a project that is the subject of such a procedure, the provisions of the Act of 27 July 2001

(BGBl. I p. 1950) implementing the EIA Amending Directive, the IPPC Directive and other EC

environmental protection directives impose new or different regulations than in the past on the

institution of such procedures, then such provisions shall be applied and the environmental

impact assessment shall be performed in that context. If in the original procedure the project

was publicly announced before 3 August 2001, only sentence 1 shall apply.

(2) Notwithstanding para. 1 the provisions of the version of this Act in force prior to 3 August

2001 shall continue to apply if

1. a developer submitted to the competent authority before 14 March 1999 an application for

approval of the project, which must contain at least the details of location, type and scale;

2. a procedure pursuant to Art. 2 para. 1 sentence 1 and Art. 2 para. 3 was formally initiated in

any other way prior to 14 March 1999; any statutory individual steps in such procedure that

have not yet been commenced may also be performed in accordance with the provisions of

this Act.

Sentence 1 shall also apply to projects that are not listed in the Annex to Art. 3 of this Act in the

version referred to in sentence 1 but are listed in Annex II to Council Directive 85/337/EEC of

27 June 1985 on the assessment of the effects of certain public and private projects on the

environment (OJ EC No. L175 p. 40), if an overall examination by the competent authority

reveals that the project is capable of having significant adverse environmental impacts

especially as a result of its type, size or location. Para. 1 sentences 2 and 3 shall apply with the

necessary modifications.

(3) Notwithstanding para. 1 and 2, this Act and the version of this Act which was in force until

3 August 2001 shall not apply to procedures pursuant to Art. 2 para. 1 sentence 1 and Art. 2

para. 3 which were commenced before 3 July 1988.

(4) If an obligation exists pursuant to para. 1 and 2 to perform an environmental impact

assessment, and if under Art. 17 the latter is to be performed in the local development plan

procedure pursuant to the provisions of the Building Code, then Art. 245c of the Building Code

shall apply to that extent.

20

(5) The Länder shall without delay, and not later than two years after the entry into force of

this Act, enact the provisions corresponding to Art. 3d or modify existing provisions accordingly.

Until such time, Art. 3d shall apply in the Länder with the proviso that in those cases where

Annex 1 lays down for certain projects an obligation to perform an environmental impact

assessment in accordance with Land legislation, the environmental impact assessment shall be

performed after a screening. If the Länder, before the expiration of the period mentioned in

sentence 1, enact provisions regarding the procedures mentioned in Art. 3d, then sentence 2

shall cease to apply upon the entry into force of the relevant provisions of Länder legislation.

(6) Procedures for the construction, operation and alteration of pipeline systems pursuant to

no. 19.3 of Annex 1 that have been commenced before 25 June 2002 have to be completed in

accordance with the stipulations of the Act of 27 July 2001 (BGBl. I p. 1950) implementing the

EIA Amending Directive, the IPPC Directive and other EC environmental protection directives.

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Annex 1 List of “Projects requiring EIA”

In accordance with Art. 3 para. 1 sentence 1 the following projects shall fall within the scope of this Act. Where the list below provides for a general screening or a site-related screening, this relates to the provisions of Art. 3c para. 1 sentences 1 and 2. Where the list below refers to a provision of Land legislation, this relates to the provisions of Art. 3d. Legend: No. = Project number Project = type of project with, where appropriate, size or capacity figures pursuant to

Art. 3b para. 1 sentence 2 and test figures for size or capacity pursuant to Art. 3c para. 1 sentence 5

X in column 1 = project requires EIA” A in column 2 = general screening: see Art. 3c para. 1 sentence 1 S in column 2 = site-related screening: see Art. 3c para. 1 sentence 2 L in column 2 = EIA obligation under Länder legislation: see Art. 3d

No. Project Col. 1 Col. 2 1. Heat generation, mining and energy: 1.1. Construction and operation of an installation for generating

electricity, steam, hot water, process heat or heated flue gas by using fuels in a combustion system (such as power plant, CHP plant, heating plant, gas turbine, combustion engine system, other firing system) including the associated steam boiler, having a firing rate of

1.1.1 more than 200 MW, X 1.1.2 50 MW to 200 MW, A 1.1.3 20 MW to less than 50 MW when using light heating oil, methanol,

ethanol, untreated vegetable oils or vegetable oil methyl esters, untreated natural gas, liquefied gas, gases from public gas supplies or hydrogen, excluding combustion engine systems for drilling equipment and emergency power systems,

S

1.1.4 10 MW to less than 50 MW when using gaseous fuels (especially coke furnace gas, mine gas, steel gas, refinery gas, synthesis gas, petroleum gas from tertiary petroleum production, sewage gas, biogas), excluding the gases listed in no. 1.1.3, excluding combustion engine systems for drilling equipment and emergency power systems,

S

1.1.5 1 MW to less than 50 MW when using coal, coke including petroleum coke, coal briquettes, turf briquettes, fuel turf, untreated wood, emulsified natural bitumen, heating oils excluding light heating oil, excluding combustion engine systems for drilling equipment and emergency power systems,

S

1.1.6 1 MW to less than 50 MW when using solid or liquid fuels other than those listed in numbers 1.1.3 to 1.1.5,

A

1.1.7 100 kW to less than 1 MW when using solid or liquid fuels other than those listed in numbers 1.1.3 to 1.1.5;

S

1.2 Construction and operation of a combustion engine system for driving machinery, having a firing rate of

1.2.1 more than 200 MW, X

22

No. Project Col. 1 Col. 2 1.2.2 50 MW to 200 MW when using light heating oil, diesel fuel,

methanol, ethanol, untreated vegetable oils, vegetable oil methyl esters or gaseous fuels (especially coke furnace gas, mine gas, steel gas, refinery gas, sewage gas, biogas, untreated natural gas, liquefied gas, gases from public gas supplies, hydrogen),

A

1.2.3 1 MW to less than 50 MW when using the fuels listed in number 1.2.2, excluding combustion engine systems for drilling equipment,

S

1.3 Construction and operation of a combustion engine system for generating electricity, steam, hot water, process heat or heated steam, excluding combustion engine systems for drilling equipment and emergency power systems, having a firing rate of

1.3.1 1 MW to less than 20 MW when using light heating oil, diesel fuel, methanol, ethanol, untreated vegetable oils or vegetable oil methyl esters, untreated natural gas, liquefied gas, gases from public gas supplies, hydrogen,

S

1.3.2 1 MW to less than 10 MW when using gaseous fuels (especially coke furnace gas, mine gas, steel gas, refinery gas, synthesis gas, petroleum gas from tertiary petroleum production, sewage gas, biogas), excluding the gases listed in number 1.3.1,

S

1.4 Construction and operation of a gas turbine system for driving machinery, having a firing rate of

1.4.1 more than 200 MW, X 1.4.2 50 MW to 200 MW when using light heating oil, diesel fuel,

methanol, ethanol, untreated vegetable oils, vegetable oil methyl esters or gaseous fuels (especially coke furnace gas, mine gas, steel gas, refinery gas, sewage gas, biogas, untreated natural gas, liquefied gas, gases from public gas supplies, hydrogen),

A

1.4.3 1 MW to less than 50 MW when using the fuels listed in number 1.4.2, excluding closed-cycle systems,

S

1.5 Construction and operation of a gas turbine system for generating electricity, steam, hot water, process heat or heated steam, excluding closed-cycle systems, having a firing rate of

1.5.1 1 MW to less than 20 MW when using light heating oil, diesel fuel, methanol, ethanol, untreated vegetable oils or vegetable oil methyl esters, untreated natural gas, liquefied gas, gases from public gas supplies, hydrogen,

S

1.5.2 1 MW to less than 10 MW when using gaseous fuels (especially coke furnace gas, mine gas, steel gas, refinery gas, synthesis gas, petroleum gas from tertiary petroleum production, sewage gas, biogas), excluding the gases listed in number 1.5.1,

S

1.6 Construction and operation of a wind park with systems having a height of more than 35 metres each or a capacity of more than 10 kW each, and comprising

1.6.1 20 or more wind power systems, X 1.6.2 6 to 19 wind power systems, A 1.6.3 3 to 5 wind power systems; S 1.7 Construction and operation of a system for making briquettes from

lignite or coal; X

23

No. Project Col. 1 Col. 2 1.8 Construction and operation of a system for dry distillation of coal

or lignite (e.g. coke works, gas works, low-temperature carbonisation plant) having a throughput of

1.8.1 500 t or more per day, X 1.8.2 less than 500 t per day, excluding wood charcoal kilns; A 1.9 Construction and operation of a system for gasification or

liquefaction of coal or bituminous shale, having a throughput of

1.9.1 500 t or more per day, X 1.9.2 less than 500 t per day; A 2. Nonmetallic minerals, glass, ceramics, building materials: 2.1 Construction and operation of a quarry with a working area of 2.1.1 25 ha or more, X 2.1.2 10 ha to less than 25 ha, A 2.1.3 less than 10 ha, where explosives are used; S 2.2 Construction and operation of an installation for the production of

cement clinker or cements, having a production capacity of

2.2.1 1,000 t or more per day, X 2.2.2 less than 1,000 t per day; A 2.3 Construction and operation of an installation for producing

asbestos; X

2.4 Construction and operation of an installation for treating or converting asbestos or asbestos products, with

2.4.1 an annual production of 2.4.1.1 20,000 t or more of finished product in the case of asbestos

cement products, X

2.4.1.2 50 t or more of finished product in the case of friction linings, X 2.4.2 an input of 200 t or more of asbestos for other purposes, X 2.4.3 a lower annual production or a smaller input than specified in the

preceding numbers; A

2.5 Construction and operation of an installation for producing glass, including production using waste glass, including installations for the production of glass fibres, having a melting capacity of

2.5.1 200,000 t or more per year or, in the case of flat-glass systems using the float-glass process, 100,000 t or more per year,

X

2.5.2 20 t per day to less than specified in the preceding number, A 2.5.3 100 kg to less than 20 t per day, excluding installations for the

production of glass fibres intended for medical or communications purposes;

S

2.6 Construction and operation of an installation for firing ceramic products, where the cubic capacity of the firing unit

2.6.1 is 4 m3 or more and the batch density is 300 kg or more per cubic metre of the cubic capacity of the firing unit,

A

2.6.2 is 4 m3 or more or the batch density is more than 100 kg and less than 300 kg per cubic metre of the cubic capacity of the combustion system, excluding electrically heated furnaces which are operated discontinuously and without exhaust air systems;

S

2.7 Construction and operation of an installation for melting mineral substances, including installations for the production of mineral fibres;

A

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No. Project Col. 1 Col. 2 3. Iron, steel and other metals including processing: 3.1 Construction and operation of an installation for roasting (heating

in air to convert to oxides) or sintering (agglomeration of fine-grained substances by heating) of ores;

X

3.2 Construction and operation of an integrated foundry (installation for the production of pig iron and for further processing to raw steel in which the production and further processing units are found together and are functionally linked with each other);

X

3.3 Construction and operation of an installation for the production of pig iron or steel including continuous casting, including installations using concentrates or secondary raw materials, having a smelting capacity of

3.3.1 2.5 t or more of pig iron or steel per hour, A 3.3.2 less than 2.5 t steel per hour S 3.4 Construction and operation of an installation for the production of

non-ferrous raw metals from ores, concentrates or secondary raw materials by metallurgical, chemical or electrolytic processes;

X

3.5 Construction and operation of an installation for smelting, alloying or refining non-ferrous metals, having a smelting capacity of

3.5.1 100,000 t or more per year, X 3.5.2 4 t or more per day of lead or cadmium or 20 t or more per day of

other non-ferrous metals, in each case up to less than 100,000 t per year,

A

3.5.3 0.5 t to less than 4 t per day of lead and cadmium or 2 t to less than 20 t per day of other non-ferrous metals, excluding - vacuum smelting plants, - smelting plants for casting alloys made from tin and bismuth or

from fine zinc and aluminium in conjunction with copper or magnesium,

- smelting plants which are part of pressure or permanent mould machines or which melt down ready-to-cast non-ferrous metals or ready-to-cast alloys exclusively in combination with individual pressure or permanent mould machines,

- smelting plants for precious metals or for alloys consisting solely of precious metals or of precious metals and copper,

- flow soldering baths and - hot-air tinning lines;

S

3.6 Construction and operation of an installation for hot rolling of steel; A 3.7 Construction and operation of an iron, malleable cast iron or steel

foundry, having a production capacity of

3.7.1 200,000 t or more of cast iron per year, X 3.7.2 20 t or more of cast parts per day, A 3.7.3 2 t to less than 20 t of cast parts per day; S 3.8 Construction and operation of an installation for applying metallic

protective coatings to metal surfaces with the aid of molten metal baths, with a processing capacity of

3.8.1 100,000 t or more of raw product per year, X 3.8.2 2 t per hour to less than 100,000 t per year of raw product, A 3.8.3 500 kg to less than 2 t raw product per hour, except for

installations for continuous zinc coating by the Sendzimir process; S

25

No. Project Col. 1 Col. 2 3.9 Construction and operation of an installation for surface treatment

of metals using an electrolytic or chemical process, having a bath volume of

3.9.1 30 m3 or more, A 3.9.2 1 m3 to less than 30 m3 in the case of installations for pickling or

burning using hydrofluoric or nitric acid; S

3.10 Construction and operation of an installation consisting of one or more mechanically driven hammers or crackers, if the impact energy of a hammer or cracker is

3.10.1 20 kilojoule or more, A 3.10.2 1 kilojoule to less than 20 kilojoule; S 3.11 Construction and operation of an installation for explosive

deformation or explosive cladding using 10 kg or more of explosive per shot;

A

3.12 Construction and operation of a shipyard 3.12.1 for building sea-going vessels with a gross registered tonnage of

100,000 X

3.12.2 for producing or repairing ship hulls or ship sections made of metal with a length of 20 m or more, except in cases where the preceding number applies;

A

3.13 Construction and operation of an installation for the building of trackbound vehicles, with a production capacity of 600 or more trackbound vehicle units a year (1 trackbound vehicle unit is equivalent to 0.5 locomotives, 1 tram, 1 car of a motor-coach set, 1 driving unit of a motor-coach set, 1 passenger car or 3 freight cars);

A

3.14 Construction and operation of an installation for building and assembling motor vehicles or an installation for the production of motor vehicle engines, each having a capacity of 100,000 units or more per year;

A

3.15 Construction and operation of an installation for building and repairing aircraft, having a production capacity of more than 50 aircraft per year or a repair capacity of more than 100 aircraft per year, excluding maintenance work;

A

26

No. Project Col. 1 Col. 2 4. Chemical products, pharmaceuticals, petroleum refining and

processing:

4.1 Construction and operation of an integrated chemicals plant (complex for the manufacture of substances or substance groups by chemical conversion on an industrial scale, in which several units are present together and functionally linked with each other and are used - for the production of organic base chemicals, - for the production of inorganic base chemicals, - for the production of fertilisers containing phosphorus, nitrogen

or potassium (single nutrient or multi-nutrient), - for the production of input materials for plant protection agents

and biocides, - for the production of base pharmaceuticals using a chemical or

biological process or - for the production of explosives), excluding installations for the production or fission of nuclear fuels or for reprocessing irradiated nuclear fuels pursuant to number 11.1.;

X

4.2 Construction and operation of an installation for the production of substances or substance groups by chemical conversion on an industrial scale, excluding integrated chemical plants pursuant to number 4.1, installations pursuant to number 10.1 and installations for the production or fission of nuclear fuels or for reprocessing irradiated nuclear fuels pursuant to number 11.1;

A

4.3 Construction and operation of an installation for distilling or refining or otherwise processing petroleum in oil refineries;

X

4.4 Construction and operation of an installation for the production of paints or coatings (paints and varnishes, lacquers, emulsion paints) or printing inks using 25 t or more per day of volatile organic compounds which at a temperature of 293.15 Kelvin have a vapour pressure of at least 0.01 kilopascal.

A

5. Surface treatment of plastics: 5.1 Construction and operation of an installation for surface treatment

of plastics using an electrolytic or chemical process, having a bath volume of 30 m3 or more;

A

6. Wood, cellulose: 6.1 Construction and operation of an installation for the production of

cellulose from wood, straw or similar fibrous substances; X

6.2 Construction and operation of an installation for the production of paper or board, having a production capacity of

6.2.1 200 t or more per day, X 6.2.2 20 t to less than 200 t per day; A 7. Food, confectionery and animal feeds, agricultural produce 7.1 Construction and operation of an installation for intensive keeping

of hens, having

7.1.1 42,000 or more places, X 7.1.2 15,000 to less than 42,000 places, unless it falls under number

7.12; S

27

No. Project Col. 1 Col. 2 7.2 Construction and operation of an installation for intensive keeping

or rearing of pullets, having


7.12; S

7.3 Construction and operation of an installation for intensive keeping or rearing of broiler fowl, having


7.12; S

7.4 Construction and operation of an installation for intensive keeping or rearing of turkeys, having


7.12; S

7.5 Construction and operation of an installation for intensive keeping or rearing of cattle, having

7.5.1 350 or more places, X 7.5.2 250 to less than 350 places, unless it falls under number 7.12; S 7.6 Construction and operation of an installation for intensive keeping

or rearing of calves, having

7.6.1 1,000 or more places, X 7.6.2 300 to less than 1,000 places, unless it falls under number 7.12; S 7.7 Construction and operation of an installation for intensive keeping

or rearing of fattening pigs (pigs with a live body weight of 30 kg or more), having

7.7.1 2,000 or more places, X 7.7.2 1,500 to less than 2,000 places, unless it falls under number 7.12; S 7.8 Construction and operation of an installation for intensive keeping

or rearing of sows including their litters (piglets with a live body weight of up to less than 30 kg), having

7.8.1 750 or more places, X 7.8.2 560 to less than 750 places, unless it falls under number 7.12; S 7.9 Construction and operation of an installation for separate intensive

rearing of piglets (piglets with a live body weight of 10 to less than 30 kg), having

7.9.1 6,000 or more places, X 7.9.2 4,500 to less than 6,000 places, unless it falls under number 7.12; S 7.10 Construction and operation of an installation for intensive keeping

or rearing of fur animals, having

7.10.1 1,000 or more places, X 7.10.2 750 to less than 1,000 places, unless it falls under number 7.12; S 7.11 Construction and operation of an installation for intensive keeping

or rearing of animals in mixed stocks, if

7.11.1 the individual numbers of places specified under numbers 7.1.1, 7.2.1, 7.3.1, 7.4.1, 7.5.1, 7.6.1, 7.7.1, 7.8.1, 7.9.1 and 7.10.1 are not reached, but the total of the individual percentages of the number of places equals or exceeds 100,

X

28

No. Project Col. 1 Col. 2 7.11.2 the individual numbers of places specified under numbers 7.1.2,

7.2.2, 7.3.2, 7.4.2, 7.5.2, 7.6.2, 7.7.2, 7.8.2, 7.9.2 and 7.10.2 are not reached, but the total of the individual percentages of the number of places equals or exceeds 100;

S

7.12 Installations for keeping or rearing farm animals with places for 50 or more livestock units and more than 2 livestock units per hectare of the area regularly farmed by the proprietor of the installation or without farmland, where such installations do not fall under numbers 7.1.1, 7.2.1, 7.3.1, 7.4.1, 7.5.1, 7.6.1, 7.7.1, 7.8.1, 7.9.1 or 7.10.1. One livestock unit corresponds to a live body weight of 500 kg per keeping period.

A

7.13 Construction and operation of an installation for slaughtering animals, having a capacity of

7.13.1 50 t or more live body weight per day, A 7.13.2 0.5 t to less than 50 t live body weight per day for poultry or 4 t to

less than 50 t live body weight per day for other animals; S

7.14 Construction and operation of an installation for producing edible fats from animal raw materials, excluding milk, having a production capacity of

7.14.1 75 t or more of finished product per day, A 7.14.2 less than 75 t of finished product per day, with the exception of

installations for the production of edible fats from own-produce animal fats in butchery establishments with a capacity of up to 200 kg edible fat per week;

S

7.15 Construction and operation of an installation for rendering animal fats, having a production capacity of

7.15.1 75 t or more of finished product per day, A 7.15.2 less than 75 t of finished product per day, with the exception of

installations for processing own-produce animal fats to edible fats in butchery establishments with a capacity of up to 200 kg edible fat per week;

S

7.16 Construction and operation of an installation for producing meat preserves, having a production capacity of

7.16.1 75 t or more of preserves per day, A 7.16.2 1 t to less than 75 t of preserves per day; S 7.17 Construction and operation of an installation for producing

vegetable preserves, with a production capacity of

7.17.1 300 t or more of preserves per day as quarterly average, A 7.17.2 10 t to less than 300 t of preserves per day as quarterly average,

with the exception of installations for sterilising or pasteurising such foods in closed containers;

S

7.18 Construction and operation of an installation for factory-scale production of animal feeds by heating parts of animal origin;

A

7.19 Construction and operation of an installation for the disposal or utilisation of animal carcasses or animal waste, having a processing capacity of

7.19.1 10 t or more per day, A 7.19.2 less than 10 t per day; S

29

No. Project Col. 1 Col. 2 7.20 Construction and operation of an installation for tanning, including

post-tanning of animal hides or skins, having a processing capacity of

7.20.1 12 t or more of finished product per day, A 7.20.2 less than 12 t of finished products per day, with the exception of

installations where the production of animal hides or skins is less than that resulting from the slaughter of less than 4 t of miscellaneous animals as in number 7.13.2;

S

7.21 Construction and operation of an installation for the production of fish meal or fish oil;

X

7.22 Construction and operation of an installation for producing brewer’s malt (malthouse), having a production capacity of

7.22.1 300 t or more of dried malt per day as quarterly average, A 7.22.2 less than 300 t dried malt per day as quarterly average; S 7.23 Construction and operation of an installation for producing starch,

having a production capacity of

7.23.1 300 t or more of starch per day as quarterly average, A 7.23.2 1 t to less than 300 t starch per day as quarterly average; S 7.24 Construction and operation of an installation for producing oils or

fats from vegetable raw materials, having a production capacity of

7.24.1 300 t or more of finished products per day as quarterly average, A 7.24.2 less than 300 t of finished products per day as quarterly average

with the aid of extraction agents, where the quantity of extraction agent used is 1 t or more per day as quarterly average;

S

7.25 Construction and operation of an installation for producing or refining sugar using sugar beet or raw sugar;

A

7.26 Construction and operation of a brewery with an output of 7.26.1 3,000 hl or more of beer per day as quarterly average, A 7.26.2 200 hl to less than 3,000 hl beer per day as quarterly average; S 7.27 Construction and operation of an installation for producing sugar

confectionery or syrup from animal raw materials, excluding milk, having a production capacity of

7.27.1 75 t or more per day of sugar confectionery or syrup, A 7.27.2 50 kg to less than 75 t per day of sugar confectionery or syrup in

the production of liquorice; S

7.28 Construction and operation of an installation for producing sugar confectionery or syrup from vegetable raw materials, having a production capacity of

7.28.1 300 t or more per day of sugar confectionery or syrup as quarterly average,

A

7.28.2 50 kg to less than 300 t per day of sugar confectionery in the production of cocoa mass from raw cocoa or in thermal refining of cocoa mass or chocolate mass;

S

7.29 Construction and operation of an installation for the treatment or processing of milk, having an input of

7.29.1 200 t or more of milk per day as quarterly average, A 7.29.2 5 t to less than 200 t of milk per day as quarterly average in spray

dryers for drying milk, milk products or milk components; S

30

No. Project Col. 1 Col. 2 8. Utilisation and disposal of waste and other materials: 8.1 Construction and operation of an installation for the disposal or

utilisation of solid or liquid waste or of gaseous waste enclosed in containers or of landfill gas with combustible constituents by means of

8.1.1 thermal methods, especially degasification, plasma process, pyrolysis, gasification, incineration or a combination of these methods, excluding cases covered by numbers 8.1.2 and 8.1.4,

X

8.1.2 combustion of waste oil or landfill gas in a combustion engine system having a firing rate of 1 MW or more,

A

8.1.3 flaring of landfill gas or other gaseous substances, S 8.1.4 combustion of waste oil or landfill gas in a combustion engine

system having a firing rate of less than 1 MW, S

8.2 Construction and operation of an installation for the generation of electricity, steam, hot water, process heat or heated flue gas using painted, varnished or laminated wood or using plywood, particle board, fibre board or other glued wood or residues thereof, provided no wood preservatives have been applied or are contained as a result of treatment or provided laminations do not consist of organic halogen compounds, in a combustion installation (such as power plant, CHP plant, heating plant, other firing plant) including the associated steam boiler, having a firing rate of

8.2.1 50 MW or more, X 8.2.2 1 MW to less than 50 MW; S 8.3 Construction and operation of an installation for the biological

treatment of waste requiring special monitoring, to which the provisions of the Product Recycling and Waste Management Act [Kreislaufwirtschafts- und Abfallgesetz] apply, having a throughput of

8.3.1 10 t or more of input materials per day, X 8.3.2 1 t to less than 10 t of input materials per day; S 8.4 Construction and operation of an installation for the biological

treatment of waste not requiring special monitoring, to which the provisions of the Product Recycling and Waste Management Act [Kreislaufwirtschafts- und Abfallgesetz] apply, having a throughput of

8.4.1 50 t or more of input materials per day, A 8.4.2 10 t to less than 50 t of input materials per day; S 8.5 Construction and operation of an installation for the chemical

treatment, especially chemical emulsion splitting, precipitation, flocculation, neutralisation or oxidation, of waste subject to special monitoring, to which the provisions of the Product Recycling and Waste Management Act [Kreislaufwirtschafts- und Abfallgesetz] apply;

X

31

No. Project Col. 1 Col. 2 8.6 Construction and operation of an installation for the chemical

treatment, especially chemical emulsion splitting, precipitation, flocculation, neutralisation or oxidation, of waste not subject to special monitoring, to which the provisions of the Product Recycling and Waste Management Act [Kreislaufwirtschafts- und Abfallgesetz] apply;

8.6.1 100 t or more of input materials per day, X 8.6.2 50 t to less than 100 t of input materials per day, A 8.6.3 10 t to less than 50 t of input materials per day; S 8.7 Construction and operation of an installation for temporary storage

of ferrous and non-ferrous scrap, including scrap vehicles, with the exception of temporary storage until collection at the site of origin of the waste and with the exception of installations pursuant to number 8.8, having

8.7.1 a total storage area of 15,000 m2 or more or a total storage capacity of 1,500 t or more of ferrous or non-ferrous scrap,

A

8.7.2 a total storage area of 1,000 m2 to less than 15,000 m2 or a total storage capacity of 100 t to less than 1,500 t of ferrous or non-ferrous scrap;

S

8.8 Construction and operation of an installation for temporary storage of sludges subject to special monitoring to which the provisions of the Product Recycling and Waste Management Act [Kreislauf-wirtschafts- und Abfallgesetz] apply, having a reception capacity of 10 t or more per day or a total storage capacity of 150 t or more;

S

8.9 Construction and operation of an installation for storage of waste to which the provisions of the Product Recycling and Waste Management Act [Kreislaufwirtschafts- und Abfallgesetz] apply, where such installations are used to store waste for a period of more than one year prior to its disposal or utilisation (long-term storage), in the case of

8.9.1 waste subject to special monitoring, having 8.9.1.1 a reception capacity of 10 t or more per day or a total storage

capacity of 150 t or more, X

8.9.1.2 lower capacities than specified in number 8.9.1.1, A 8.9.2 waste not subject to special monitoring, having 8.9.2.1 a reception capacity of 10 t or more per day or a total storage

capacity of 150 t or more, A

8.9.2.2 lower capacities than specified in number 8.9.2.1; S 9. Storage of substances and preparations: 9.1 Construction and operation of an installation for the purpose of

storage of combustible gases in containers or of products which contain combustible gases in containers, e.g. as propellant or burning gas, having a capacity of

9.1.1 200,000 t or more, X 9.1.2 30 t to less than 200,000 t, except in the case of individual

containers with a volume not exceeding 1,000 cm3 each, A

9.1.3 30 t to less than 200,000 t, in the case of individual containers with a volume not exceeding 1,000 cm3 each,

S

9.1.4 3 t to less than 30 t, in the case of containers with a volume exceeding 1,000 cm3 each,

S

32

No. Project Col. 1 Col. 2 9.2 Construction and operation of an installation intended for storage

of flammable liquids in containers, having a capacity of

9.2.1 200,000 t or more, X 9.2.2 50,000 t to less than 200,000 t, A 9.2.3 5,000 t to less than 50,000 t in the case of flammable liquids that

have a flame point below 294.15 K and a boiling point at normal pressure (101,3 kPa) over 293.15 K,

S

9.2.4 10,000 t to less than 50,000 t in the case of other flammable liquids;

S

9.3 Construction and operation of an installation intended for storage of chlorine, having a capacity of

9.3.1 200,000 t or more, X 9.3.2 75 t to less than 200,000 t, A 9.3.3 10 t to less than 75 t; S 9.4 Construction and operation of an installation intended for storage

of sulphur dioxide, having a capacity of


of ammonium nitrate or preparations containing ammonium nitrate from Group A of Annex V No. 2 of the Hazardous Substances Ordinance [Gefahrstoffverordnung], having a capacity of


of or preparations containing ammonium nitrate from Group B of Annex V No. 2 of the Hazardous Substances Ordinance [Gefahrstoffverordnung], having a capacity of

9.6.1 200,000 t or more, X 9.6.2 2,500 t to less than 200,000 t, A 9.6.3 100 t to less than 2,500 t; S 9.7 Construction and operation of an installation intended for storage

of ammonia, having a capacity of


of chemical products other than those mentioned in numbers 9.1 to 9.7, having a capacity of

9.8.1 200,000 t or more, X 9.8.2 25,000 t to less than 200,000 t; A

33

No. Project Col. 1 Col. 2 10. Miscellaneous industrial installations: 10.1 Construction and operation of an installation for the manufacture,

treatment or processing of explosion-risk substances within the meaning of the Explosives Act [Sprengstoffgesetz] which are intended to be used as explosives, fuses, propellants, pyrotechnic charges or for the manufacture of such substances; this shall also include installations for loading, unloading or decommissioning ammunition or other explosives, excluding installations on an artisanal scale or for the manufacture of matches and mobile mixed loading devices;

X

10.2 Construction and operation of an installation for the recovery or destruction of explosion-risk substances within the meaning of the Explosives Act [Sprengstoffgesetz];

X

10.3 Construction and operation of an installation for vulcanising natural or synthetic rubber using sulphur or sulphur compounds, having an input of

10.3.1 25 t or more per hour of rubber, A 10.3.2 less than 25 t per hour of rubber, with the exception of installations

that process less than 50 kg per hour of rubber or use only prevulcanised rubber;

S

10.4 Construction and operation of an installation for pretreatment (washing, bleaching, mercerising) or for dyeing fibres or textiles, having

10.4.1 a processing capacity of 10 t or more per day of fibres or textiles, A 10.4.2 a dyeing capacity of 2 t to less than 10 t per day of fibres or

textiles in the case of installations for dyeing fibres or textiles using dyeing accelerators including stenter systems, excluding installations operated under elevated pressure,

S

10.4.3 a bleaching capacity of less than 10 t per day of fibres or textiles in the case of installations for bleaching fibres or textiles using chlorine or chlorine compounds;

S

10.5 Construction and operation of a test stand for or with combustion engines having a total firing rate of

10.5.1 10 MW or more, excluding roller-type test stands, A 10.5.2 300 kW to less than 10 MW, excluding roller-type test stands

operated in enclosed rooms, and installations in which series-production engines with catalytic converters or diesel particulate filters are tested;

S

10.6 Construction and operation of a test stand for or with gas turbines or power units having a total firing rate of

10.6.1 more than 200 MW, X 10.6.2 100 MW to 200 MW, A 10.6.3 less than 100 MW; S 10.7 Construction and operation of a permanent racing or test circuit for

motor vehicles; A

34

No. Project Col. 1 Col. 2 11. Nuclear energy: 11.1. Construction and operation of a stationary installation for

producing or for the treatment or processing of or for fission of nuclear fuels or for reprocessing irradiated nuclear fuels, and in the case of stationary installations for fission of nuclear fuels the entire measures planned for closure, safe enclosure or dismantling of the installation or parts thereof; the foregoing shall exclude stationary installations for fission of nuclear fuels with a maximum capacity not exceeding 1 kW continuous thermal output; individual measures for closure, safe enclosure or dismantling of the installations or parts thereof mentioned in the first half of this sentence shall count as alterations within the meaning of Art. 3e para. 1 no. 2;

X

11.2. Construction and operation of an installation for safe keeping or final storage of radioactive waste;

X

11.3. Outside of the installations mentioned in numbers 11.1 and 11.2, construction and operation of an installation or establishment for the treatment or processing of irradiated nuclear fuels or of highly radioactive waste or for the sole purpose of the planned storage for more than ten years of irradiated nuclear fuels or radioactive waste at a location other than the location where such substances arose;

X

11.4. Outside of the installations mentioned in numbers 11.1 and 11.2 and provided number 11.3 does not apply, the construction and operation of an installation or establishment for the storage, treatment or processing of radioactive waste with radioactivity equal to or exceeding the levels below which no preparation for damage containment in the event of deviations from normal operation is required for the proposed handling under a statutory ordinance enacted pursuant to the Nuclear Energy Act [Atomgesetz];

A

12. Landfill sites: 12.1 Construction and operation of a landfill site for deposition of waste

subject to special monitoring within the meaning of the Product Recycling and Waste Management Act [Kreislaufwirtschafts- und Abfallgesetz];

X

12.2 Construction and operation of a landfill site for the deposition of waste not subject to special monitoring within the meaning of the Product Recycling and Waste Management Act [Kreislaufwirt-schafts- und Abfallgesetz], with the exception of landfill sites for inert waste pursuant to number 12.3, having a reception capacity of

12.2.1 10 t or more per day or a total capacity of 25,000 t or more, X 12.2.2 less than 10 t per day or a total capacity of less than 25,000 t, S 12.3 Construction and operation of a landfill site for deposition of inert

waste within the meaning of the Product Recycling and Waste Management Act [Kreislaufwirtschafts- und Abfallgesetz];

A

35

No. Project Col. 1 Col. 2 13. Water management projects involving the use or

development of a body of water:

13.1 Construction and operation of a wastewater treatment plant which 13.1.1 is designed for organically polluted waste water with a five-day

biochemical oxygen demand of 9000 kg/d or more (untreated) or for inorganically polluted wastewater with a wastewater volume of 4500 m3 or more in two hours (excluding cooling water),

X

13.1.2 is designed for organically polluted waste water with a five-day biochemical oxygen demand of less than 9000 kg/d (untreated) or for inorganically polluted wastewater with a wastewater volume of less than 4500 m3 in two hours (excluding cooling water);

L

13.2 Intensive fish farming involving the introduction or discharging of substances into surface waters or coastal waters;

L

13.3 Abstracting groundwater, pumping or guiding it to the surface, or discharging surface water for the purpose of replenishment of groundwater, in each case with an annual volume of

13.3.1 10 million m3 or more of water, X 13.3.2 less than 10 million m3 of water; L 13.4 Deep well for water supply purposes; L 13.5 Water management project in agriculture, including soil irrigation

or drainage; L

13.6 Construction of a dam or other installation for retaining or permanently storing water, by means of which

13.6.1 10 million m3 or more of water is retained or stored, X 13.6.2 less than 10 million m3 of water is retained or stored; L 13.7 Diversion of water from one river catchment area to another,

excluding transportation of drinking water in pipeline systems, having a volume of

13.7.1 - 100 million m3 or more of water per year, if the diversion is intended to prevent water shortages, or

- 5% or more of the flow volume, if the long-term average flow volume of the river catchment area from which the water is removed exceeds 2,000 million m3,

X

13.7.2 less than the figures specified in the preceding number; L 13.8 River canalisation and watercourse correction work; L 13.9 Construction of an inland waterway port, if the port can be

accessed by vessels of

13.9.1 more than 1 350 t, X 13.9.2 1 350 t or less; L 13.10 Construction of an inland port for sea-going vessels; X 13.11 Construction of a pier for loading and unloading vessels (excluding

ferries) that is connected with an inland port for sea-going vessels, which can accommodate

13.11.1 vessels of more than 1 350 t, X 13.11.2 vessels of 1,350 t or less; L 13.12 Construction of any other port, including fishing harbours or yacht

harbours, or an infrastructural port facility; L

13.13 Construction of a dyke or embankment which influences flood water drainage;

L

13.14 Construction of a hydroelectric power station; L

36

No. Project Col. 1 Col. 2 13.15 Dredging in rivers or lakes to obtain minerals; L 13.16 Other development measures; L 14. Transport projects: 14.1 Construction of a Federal waterway by means of 14.1.1 projects within the meaning of numbers 13.6.1 and 13.7.1 X 14.1.2 projects within the meaning of 13.6.2, 13.7.2, 13.8, 13.12 and

13.13 (independently of any influence on flood water drainage); A

14.2 Construction of a Federal waterway accessible for vessels of 14.2.1 more than 1 350 t, X 14.2.2 1 350 t or less; A 14.3 Construction of a Federal motorway or other Federal highway if

the latter is an express road within the meaning of the European Agreement of 15 November 1975 on Main International Traffic Arteries (AGR);

X

14.4 Construction of a new Federal highway having four or more lanes, if such new highway has a continuous length of 5 km or more;

X

14.5 Construction of a Federal highway having four or more lanes by rerouting and/or developing an existing Federal highway, if such altered Federal highway section has a continuous length of 10 km or more;

X

14.6 Construction of any other Federal highway; A 14.7 Construction of a railway track with the associated operating

facilities including long-distance rail power lines; X

14.8 Construction of any other railway operating facility, especially an intermodal transhipment facility or other terminal for railways, insofar as such construction does not form part of the construction of a railway track pursuant to number 14.7;

A

14.9 Construction of a maglev route with the associated operating facilities;

X

14.10 Construction of any other track route for public rail transport with the associated operating facilities;

A

14.11 Construction of a track route for trams, elevated urban railways, underground railways or suspension railways within the meaning of the Passenger Transport Act [Personenbeförderungsgesetz], in each case with the associated operating facilities;

A

14.12 Construction of an airport within the meaning of the definitions in the 1944 Chicago Convention setting up the International Civil Aviation Organization (Annex 14), having a basic runway length of

14.12.1 1,500 m or more, X 14.12.2 less than 1500 m; A

37

No. Project Col. 1 Col. 2 15. Mining: 15.1 Mining projects including the measures subject to an operating

plan which are required at this facility for their implementation, only in accordance with the statutory ordinance enacted pursuant to Art. 57c No. 1 of the Federal Mining Act [Bundesberggesetz];

16. Land consolidation: 16.1 Construction of community and public facilities within the meaning

of the Land Consolidation Act [Flurbereinigungsgesetz]; A

17. Forestry projects: 17.1 Initial afforestation within the meaning of the Federal Forests Act

[Bundeswaldgesetz], with

17.1.1 50 ha or more of forest, X 17.1.2 less than 50 ha of forest; L 17.2 Clearance of forest within the meaning of the Federal Forests Act

[Bundeswaldgesetz] for the purpose of conversion to a different type of use, with

17.2.1 10 ha or more of forest, X 17.2.2 less than 10 ha of forest; L 18. Building projects 18.1 Construction of a holiday village, hotel complex or other large

accommodation facility for holidaymakers or travellers for which a local development plan is prepared in the existing external area within the meaning of Art. 35 of the Building Code [Baugesetz-buch], having

18.1.1 in each case a total of 300 or more beds or 200 or more guest rooms,

X

18.1.2 in each case a total of 100 to less than 300 beds or 80 to less than 200 guest rooms;

A

18.2 Construction of a camp site operated all the year round for which a local development plan is prepared in the existing external area within the meaning of Art. 35 of the Building Code [Baugesetz-buch], where the number of pitches is

18.2.1 25 or more, X 18.2.2 50 to less than 200; A 18.3 Construction of a leisure park for which a local development plan

is prepared in the existing external area within the meaning of Art. 35 of the Building Code [Baugesetzbuch], where the size of the planned area is

18.3.1 10 ha or more, X 18.3.2 4 ha to less than 10 ha; A 18.4 Construction of a car park for which a local development plan is

prepared in the existing external area within the meaning of Art. 35 of the Building Code [Baugesetzbuch], having a size of

18.4.1 1 ha or more, X 18.4.2 0.5 ha to less than 1 ha; A

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No. Project Col. 1 Col. 2 18.5 Construction of an industrial zone for industrial facilities, for which

a local development plan is prepared in the existing external area within the meaning of Art. 35 of the Building Code [Baugesetz-buch], with a permitted basic area within the meaning of Art. 19 para. 2 of the Building Uses Ordinance [Baunutzungsverordnung] or a determined basic area size totalling

18.5.1 100,000 m2 or more, X 18.5.2 20,000 m2 to less than 100,000 m2; A 18.6 Construction of a shopping centre, large-scale retail outlet or other

large-scale trade establishment within the meaning of Art. 11 para. 3 sentence 1 of the Building Uses Ordinance [Baunutzungs-verordnung], for which a local development plan is prepared in the existing external area within the meaning of Art. 35 of the Building Code [Baugesetzbuch], with a permitted total floor area of

18.6.1 5,000 m2 or more, X 18.6.2 1,200 m2 to less than 5,000 m2; A 18.7 Construction of an urban development project for other building

facilities for which a local development plan is prepared in the existing external area within the meaning of Art. 35 of the Building Code [Baugesetzbuch], with a permitted basic area within the meaning of Art. 19 para. 2 of the Building Uses Ordinance [Baunutzungsverordnung] or a determined basic area size totalling

18.7.1 100,000 m2 or more, X 18.7.2 20,000 m2 to less than 100,000 m2; A 18.8 Construction of a project of the type specified in numbers 18.1 to

18.7, insofar as the individual test value for the screening is equalled or exceeded and for which a development plan is prepared, amended or supplemented in other areas;

A

18.9 Projects for which the Land legislation implementing Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment (OJ EC No. L175 p. 40) as amended by Council Directive 97/11/EC (OJ EC No. L73 p. 5) provides for an environmental impact assessment, insofar as the admissibility of the project is based on a local development plan or a local development plan replaces a plan approval decision;

19. Utility lines and other installations: 19.1 Construction and operation of overhead electrical power lines

within the meaning of the Energy Management Act, having

19.1.1 a length of more than 15 km and a rated voltage of 220 kV or more,

X

19.1.2 a length of more than 15 km and a rated voltage of 110 kV to 220 kV,

A

19.1.3 a length of 5 to 15 km and a rated voltage of 110 kV or more, A 19.1.4 a length of less than 5 km and a rated voltage of 110 kV or more, S 19.2 Construction and operation of a gas supply pipeline within the

meaning of the Energy Management Act [Energiewirtschafts-gesetz], excluding installations which do not extend outside a factory site, having

19.2.1 a length of more than 40 km and a diameter of more than 800 mm, X

39

No. Project Col. 1 Col. 2 19.2.2 a length of more than 40 km and a diameter of 300 mm to

800 mm, A

19.2.3 a length of 5 km to 40 km and a diameter of more than 300 mm, A 19.2.4 a length of less than 5 km and a diameter of more than 300 mm, S 19.3 Construction and operation of a pipeline system for the transport

of substances dangerous to water within the meaning of Art. 19a para. 2 of the Federal Water Act [Wasserhaushaltsgesetz], with the exception of pipeline systems which - do not extend outside a factory site, - are accessories to a system for the storage of such

substances, or - connect systems with a close spatial and operational

relationship which are separated over short spatial scales by landbound public transportation routes,

having

19.3.1 a length of more than 40 km, X 19.3.2 a length of 2 km to 40 km and a pipeline diameter of more than

150 mm, A

19.3.3 a length of less than 2 km and a pipeline diameter of more than 150 mm,

S

19.4 Construction and operation of a pipeline system not falling under number 19.3 for the transport of liquefied gases, with the exception of systems which do not extend outside a factory site, having

19.4.1 a length of more than 40 km and a pipeline diameter of more than 800 mm,

X

19.4.2 a length of more than 40 km and a pipeline diameter of 150 mm to 800 mm,

A

19.4.3 a length of 2 km to 40 km and a pipeline diameter of more than 150 mm,

A


S

19.5 Construction and operation of a pipeline system not falling under number 19.3 or, as an energy installation within the meaning of the Energy Management Act [Energiewirtschaftsgesetz], under number 19.2, for the transport of non-liquefied gases, with the exception of systems which do not extend outside a factory site, having


X


A


A


S

40

No. Project Col. 1 Col. 2 19.6 Construction and operation of a pipeline system for the transport

of substances within the meaning of Art. 3a of the Chemicals Act [Chemikaliengesetz], insofar as it does not fall under one of numbers 19.2 to 19.5, and excluding wastewater pipelines and installations which do not extend outside a factory site or which are accessories to a facility for the storage of such substances, having


X


A


A


S

19.7 Construction and operation of a pipeline system for transport of steam or hot water from a facility pursuant to numbers 1 to 10, which extends outside a factory site (steam or hot water pipeline), having

19.7.1 a length of 5 km or more outside the factory site, A 19.7.2 a length of less than 5 km in the external area; S 19.8 Construction and operation of a pipeline system, insofar as it does

not fall under number 19.6, for the transport of water which extends outside the area of a local authority (long-distance water pipeline), having

19.8.1 a length of 10 km or more, A 19.8.2 a length of 2 km to less than 10 km; S 19.9 Construction and operation of an artificial water reservoir with 19.9.1 10 million m3 or more of water, X 19.9.2 2 million m3 to less than 10 million m3 of water, A 19.9.3 5,000 m3 to less than 2 million m3 of water. S

41

Annex 2 Screening criteria

The following criteria shall be applied insofar as reference to Annex 2 is made in Art. 3c para. 1 sentences 1 and 2, also in conjunction with Art. 3e and Art. 3f. 1. Characteristics of projects

The characteristics of projects must be considered having regard, in particular, to the following criteria:

1.1 the size of the project,

1.2 the use and design of water, soil, nature and landscape,

1.3 the production of waste,

1.4 environmental pollution and nuisances,

1.5 the risk of accidents, having regard in particular to substances or technologies used.

2. Location of projects The environmental sensitivity of geographical areas likely to be affected by projects must be considered, having regard, in particular, to the following use and protection criteria and taking account of cumulation with other projects in their common impact area:

2.1 existing uses of the area, especially as an area for settlement and recreation, for agricultural, forestry or fisheries uses, for other commercial or public uses, transport, supply and disposal (use criteria),

2.2 richness, quality and regeneration capacity of water, soil, nature and landscape of the area (quality criteria),

2.3 absorption capacity of the protected assets, paying particular attention to the following areas and to the type and extent of the protection allocated to them (protection criteria):

2.3.1 areas of Community significance or European bird sanctuaries, announced in the Federal Gazette [Bundesanzeiger] pursuant to Art. 10 para. 5 no. 1 of the Federal Nature Conservation Act [Bundesnaturschutzgesetz],

2.3.2 nature conservation areas pursuant to Art. 23 of the Federal Nature Conservation Act, where not already covered by number 2.3.1,

2.3.3 national parks pursuant to Art. 24 of the Federal Nature Conservation Act, where not already covered by number 2.3.1,

2.3.4 biosphere reserves and landscape reserves pursuant to Art. 25 and Art. 26 of the Federal Nature Conservation Act,

42

2.3.5 biotopes enjoying statutory protection pursuant to Art. 30 of the Federal Nature Conservation Act,

2.3.6 water conservation areas pursuant to Art. 19 of the Federal Water Act [Wasserhaushaltsgesetz] or medicinal spring conservation areas designated under Land water legislation and flood areas pursuant to Art. 32 of the Federal Water Act,

2.3.7 areas in which the environmental quality standards laid down in Community legislation have already been exceeded,

2.3.8 densely populated areas, especially central cities and settlement concentrations in densely settled areas within the meaning of Art. 2 para. 2 nos. 2 and 5 of the Regional Planning Act [Raumordnungsgesetz],

2.3.9 monuments, monument complexes, earthwork monuments or areas classified as archaeologically important landscapes by the historic monument authority designated by the Länder, specified in official lists or maps.

3. Characteristics of the potential impact The potential significant effects of projects must be considered in relation to the criteria set out under 1 and 2 above, and having regard in particular to:

3.1 the extent of the impact (geographical area and size of the affected population),

3.2 the transfrontier nature of the impact,

3.3 the magnitude and complexity of the impact,

3.4 the probability of the impact,

3.5 the duration, frequency and reversibility of the impact.

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