How environmental impact of plans and projects gets assessed

Automatic summary, not yet reviewed

1. The law requires an environmental assessment of any plan, program or project that could have significant effects on the environment before it is approved or authorized. If the assessment is not done, the approval or authorization is invalid.
2. It creates two types of assessment: strategic assessment, for plans and programs, and impact assessment, for projects. Each can be ordinary or simplified, depending on how serious the possible effects are.
3. It sets maximum deadlines so procedures do not drag on: 22 months for ordinary strategic assessment, 4 months for the simplified one, 4 months for ordinary impact assessment and 3 months for the simplified one.
4. If a public body that was consulted does not issue its report, the procedure can continue if the environmental body has enough information to decide. This prevents a missing reply from stalling the process.
5. Administrative silence never counts as a favorable assessment. If the environmental statement or report is not issued on time, the project is not considered to have passed the assessment.
6. Impact assessment statements expire if the project has not started within 4 years of their publication, though a 2-year extension can be requested.
7. It sets penalties for starting work without the prior assessment or breaching its conditions: fines of up to €2,404,000 for very serious offenses, plus possible compensation and bans on contracting with the government.
8. It regulates nature conservation banks, a voluntary mechanism to offset, repair or restore losses of natural values through credits that can be bought and sold.

Who it affects

• Project developers (companies and individuals): They must have their projects environmentally assessed before getting authorization, a responsible declaration or prior notice, and they face penalties if they fail to comply.
• Public administrations: They must process assessments within the set deadlines, consult the affected authorities and publish their decisions.
• The general public: People can take part in public information procedures and review the documents in these proceedings.
• Nonprofit environmental associations: They can be consulted as interested parties if they have been legally established for at least two years and work to protect the environment.

Words worth knowing

Órgano ambiental (environmental body)

The government body that reviews the files and writes the environmental statements and reports.

Órgano sustantivo (substantive body)

The body that decides whether to approve the plan or program or to authorize the project.

Declaración responsable (responsible declaration)

A document the developer submits to the government to start an activity, pledging to comply with the law.

Red Natura 2000 (Natura 2000 network)

A network of protected natural areas in the European Union, designated for their biodiversity value.

Informe preceptivo y determinante (mandatory and binding report)

A required report that shapes the final decision: the process cannot continue without it, and its content binds the deciding body.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries