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S.L. 549.46 · Environmental Impact Assessment (S.L. 549.46)

S.L. 549.46 ст. 4Exemptions: Defence. Response to civil emergencies. Projects adopted by a specific act of national legislation.

PART II

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(1) The Authority may decide, on a case-by-case basis, not to apply these regulations to projects, or parts of projects, having national defence as their sole purpose, if there is a declaration in writing from the Minister responsible for national defence, stating that the application of these regulations could result in the disclosure of confidential information which would undermine defence purposes. In such eventuality, the Authority shall still seek to assess the environmental consequences of the project insofar as reasonably possible, and shall advise the relevant Government entity accordingly and in due time, but it shall not disclose the information to the public.

(2) The Authority may decide, on a case-by-case basis, not to apply these regulations to projects, or parts of projects, having the response to civil emergencies as their sole purpose, if there is a declaration in writing from the Minister responsible for the response to civil emergencies, stating that the application of these regulations would have an adverse effect on such purposes. In such eventuality, the Authority shall advise the relevant Government entity with respect to any possible environmental consequences caused by the project and possible mitigation measures.

(3) Without prejudice to the other provisions of these regulations and to Part VII, a project that is adopted by a specific act of national legislation may be exempted from the provisions relating to public consultation laid down in these regulations, provided that the objectives of these regulations are met and the submitted project is substantially the same as that adopted by the act in question. The Minister shall inform the Commission of the European Union of any such exemption at least every two years, as from 16 May 2017 onward.