Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment

Under the EU’s Environmental Impact Assessment (EIA) Directive (2011/92/EU as amended by 2014/52/EU), mining companies need to conduct a biodiversity assessment when their projects fall under the categories specified in Annex I or Annex II of the Directive.

Projects listed in Annex I of the Directive are explicitly required to undergo an EIA. In this context, companies will need to conduct a biodiversity assessment if their projects involve the extraction of mineral resources. Projects listed in Annex II of the Directive may be subject to an EIA if Member States consider that their characteristics require it. Mining companies will need to conduct a biodiversity assessment if their mining projects meet the criteria specified by the Member States.

The EIA should identify, describe and assess the direct and indirect effects of the mining project on human beings, fauna, flora, soil, water, air, climate, landscape, material assets and cultural heritages, as specified in Article 3 of the Directive. The specific information to be provided by the mining company for the EIA is outlined in Article 5, including a description of the project, alternatives considered, effects on the environment and measures to prevent or mitigate adverse effects. The competent authorities and the public concerned should be involved in the consultation process, as outlined in Articles 6 and 7 of the Directive. Upon the approval or rejection of a project based on the EIA, the competent authorities are obligated to inform the public about the decision, including a description, if relevant, of the main measures to avoid, reduce and, if possible, offset the major adverse effects.

Member states are directed to integrate EIA requirements into existing procedures for such projects. It is important to note that Member States may have specific criteria or thresholds to determine when a biodiversity assessment is required for mining projects falling under Annex II. The mining company should comply with the national regulations and procedures established by the Member State where the project is located.

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