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Joined Cases C-105/09 and C-110/09: Judgment of the Court (Fourth Chamber) of 17 June 2010 (References for a preliminary ruling from the Conseil d’État — Belgium) — Terre wallonne ASBL (C-105/09), Inter-Environnement Wallonie ASBL (C-110/09) v Région wallonne (Directive 2001/42/EC — Assessment of the effects of certain plans and programmes on the environment — Directive 91/676/EEC — Protection of waters against pollution caused by nitrates from agricultural sources — Action programmes in respect of vulnerable zones)
ECLI:EU:UNKNOWN:62009CA0105
62009CA0105
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Valentina R., lawyer
14.8.2010
Official Journal of the European Union
C 221/13
(Joined Cases C-105/09 and C-110/09) (<span class="super">1</span>)
(Directive 2001/42/EC - Assessment of the effects of certain plans and programmes on the environment - Directive 91/676/EEC - Protection of waters against pollution caused by nitrates from agricultural sources - Action programmes in respect of vulnerable zones)
2010/C 221/20
Language of the case: French
Referring court
Parties to the main proceedings
Applicants: Terre wallonne ASBL (C-105/09), Inter-Environnement Wallonie ASBL (C-110/09)
Defendant: Région wallonne
Re:
Reference for a preliminary ruling — Conseil d’État — Interpretation of Article 5(1) of Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources (OJ 1991 L 375, p. 1) and Art 3(2) and (4) of Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment (OJ 2001 L 197, p. 30) — Drawing up of management plans relating to designated vulnerable zones — Nature and scope of the obligation — Necessary assessment of the impact of the nitrogen management plan on the environment
Operative part of the judgment
An action programme adopted pursuant to Article 5(1) of Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources is in principle a plan or programme covered by Article 3(2)(a) of Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment since it constitutes a ‘plan’ or ‘programme’ within the meaning of Article 2(a) of the latter directive and contains measures compliance with which is a requirement for issue of the consent that may be granted for carrying out projects listed in Annexes I and II to Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment, as amended by Council Directive 97/11/EC of 3 March 1997.
(<span class="super">1</span>) OJ C 129, 06.06.2009.
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Language of the case: French