November 28
2021
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Emilija Berzanskaite
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22nd October 2021
Consumer, Health & Environment

AG Kokott clarifies the need for environmental impact assessment for adoption of preliminary decisions derogating from protection of strictly protected species

Advocate General Kokott delivered her Opinion in Namur-Est Environnement (C-463/20), finding that competent authorities may adopt a preliminary decision to derogate from the protection of strictly protected species in projects that may have significant effects on the environment even before performing the environmental impact assessment. 

The present case originates in the context of the reopening of a quarry in the Belgian region of Wallonia (‘the project’). Under the Environmental Impact Assessment (EIA) Directive 2011/92/EU, certain projects require development consent and, prior to that, public participation and an environmental impact assessment, which covers all significant environmental effects of the project. Additionally,

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