Answer given by Mr Sinkevičius on behalf of the European Commission

An application for new, or amended, permit preceded by an environmental impact assessment , on the basis of the Environmental Impact Assessment (EIA) Directive[1], would need to be made in case of a modification of an existing project involving works or other interventions in the natural surroundings which by virtue of, inter alia, its nature or scale, presents risks that are similar, in terms of their effects on the environment, to those posed by the project itself.

The EIA Directive establishes the obligation for Member States to provide early and effective opportunities for the public concerned to participate in the environmental decision making procedure, including the setting of reasonable time frames for different phases of participation .

The time frame for consultation of the public concerned on the environmental report shall not be shorter than 30 days (Article 6(7)). It is possible to exempt projects approved by a legislative procedure from the provisions related to public consultation if the legislative procedure fulfils the objectives of the EIA Directive (Article 2(5)) and without prejudice to the transboundary consultation according to Article 7 of the EIA Directive.

Without prejudice to the Commission’s powers as guardian of the Treaties, national administrative and/or judicial bodies of Member States are primarily responsible for the implementation of the EIA Directive and to verify compliance of individual projects and provide the appropriate means to address the matter.

• [1] Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment, OJ L 26, 28.1.2012, p. 1‐21, as amended by Directive 2014/52/EU of the European Parliament and of the Council of 16 April 2014, OJ L 124, 25.4.2014, p. 1‐18.