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Der Störfallbetrieb in der Umweltverträglichkeitsprüfung

Besonderheiten und Anforderungen an den Inhalt des UVP-Berichts zum vorbeugenden Gefahrenschutz

Eric Weiser-Saulin


In the Directive 2014/52/EU (Amended EIA Directive), the European legislator has provided based on the Directive 2012/18/EU (Seveso-III-Directive) that in cases of construction, operation, and modification of installations, in which hazardous substances are present, effects on the environment resulting from potential accidents are to be presented in the environmental report if they are relevant for the approval decision of a project. Whereas the legal requirements are clearly defined, it has become apparent that in practice the effects of accidents on the environment (as distinct from human health) are often not taken into account in the environmental report. This article first presents the legal requirements that can be deduced from the objectives of the Seveso-III-Directive and the Amended EIA Directive. It then shows how the identification and description of accident-related effects in relation to the protected goods can succeed, even in the absence of a general state of “current knowledge” regarding the specific consequential effects. Furthermore, the article advocates the creation of uniform methodological standards and the development of guidelines for the identification and assessment of accident-related impacts on the environment. Thus, more legal certainty can be achieved and higher environmental standards can be established.

Der Verfasser ist Rechtsanwalt in der Kanzlei Baumann Rechtsanwälte PartG mbB in Würzburg.

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