1 European Commission, DGENV.D. 3 Strategic Environmental Assessment Directive 2001/42/EC on the assessment of the effects of certain plans and programmes.

1

European Commission, DGENV.D. 3

“Strategic” Environmental Assessment Directive 2001/42/EC

“on the assessment of the effects of certain plans and programmes on the environment”

Relationship with the Cohesion Policyfor the period 2007-2013

June 2006

2

Terminology

• Strategic Environmental Assessment = SEA - Plans & programmes

• Environmental Impact assessment = EIA - Projects

Both directives concern the assessment of the effects on the environment

3

Environmental Assessment

Policies

Plans & programmescovered by SEA Directive

(2001/42/EC)

Projectscovered by EIA Directive

85/337/EEC as amended by 97/11/EC and 2003/35/EC

4

SEA Directive - Objectives, Art.1

To provide for a high level of protection of the environment

To contribute to the integration of environmental considerations into the preparation of plans and programmes

with a view to promoting sustainable development.

5

Which plans & programmes are covered? SEA Directive, Art.2

To be covered, Plans and Programmes must be:

prepared and/or adopted by an authority at national, regional or local level, AND

required by legislative, regulatory or administrative provisions.

This definition includes: modifications of plans & programmes Plans & programmes co financed by the EU

6

In which cases is an SEA mandatory?Art.3(2)

- Are prepared in certain sectors: agriculture, forestry, fisheries, energy, industry, transport, waste, water,

telecommunications, tourism, town and country planning or land use

AND- Set the framework for future development consent of

projects listed in the EIA Directive 85/337.

- Which, in view of the likely effect on sites, have been determined to require an assessment under Article 6 or 7 of the Habitats Directive

For Plans and Programmes which: :

OR

7

Cases needing a determination whether SEA must be carried out ? Art. 3(3) and 3(4)

- Determine the use of small areas at local level- Are minor modifications of other P/P

or- Set the framework for future development

consent of projects not covered by art 3.2

- Member States must determine whether they are likely to have significant environmental effects through “SCREENING”

For plans and programmes which :

8

« SCREENING »Art.3(3) and 3(4)

What is a « screening »An assessment to determine if a plan or programme

is likely to have significant environmental impacts

Why carry out a «screening»?To determine whether an SEA is required.

For which plans/programmes carry out a «screening»?P&P local level + minor modifications of P&PP&P setting the framework for future development

consent of projects not covered by Art 3.2.

9

How to carry out a « screening »? Art.3(5) and Annex II

case by case decision or specifying types of plans & programmes or a combination of these approaches

Always consider the criteria of Annex II:Characteristics of P&PCharacteristics of effects and areas likely to be

affected

10

Plans & programmes not requiring an SEAArt. 3(8) and 3(9)

The Directive does not apply to:

Plans/programmes solely for national defence, civil emergency;

financial or budget plans/programmes

Structural Funds Regulations for the current programming period 2000-2006/7

11

Integration of the SEA procedure in the planning process - Art. 4

The SEA should be carried out:

During the preparation of a P&P

Before its adoption

The SEA may be integrated in existing planning procedures for the adoption of plan and programmes or in new ones for the requirements of the directive (par. 2)

12

SEA-the different phases

Environmental authorities Public

Other Member

States

X Information

X

X X X

ConsultationsPlans & programmes –

definition

« Scoping »

Environmental report

Information on the final decision

Decision process

SEA mandatory « Screening »

SEA not required

13

Principal elements of an environmental report (1)

Art. 5

Should identify, describe and assess:

• The likely significant effects on the environment of implementing the plan or programme, including:

– effects on biodiversity, soil, water, air, climatic factors

– effects on population, human health, material assets, cultural heritage and landscape

• Reasonable alternatives taking into account the objectives and the geographical scope of the plan or programme

NB: alternatives should include the « zero » alternative (Annex I.b)

14

Principal elements of an environmental report (2)

Annex I

Outline of the content and relationship with other relevant P&P

Current state of the environment and likely evolution without the P&P

Environmental characteristics of areas likely to be affected

Environmental protection objectives and how they were taken into account

Prevention and correction measures Measures envisaged concerning monitoringNon technical summary

15

Consultations Art. 5 (4), 6

New element compared to the ex-ante evaluation:

•Environmental authorities– For the « screening »– For scoping– On the draft P/P and– On the environmental report

•The public― on the draft P/P and on the environmental

report

16

Consultations Art. 6.2

Consultations need to be carried out:

At an early stage

Giving an effective opportunity for the consulted parties to express their opinion

Within a sufficient time frame

Consultations need to be foreseen before the adoption of the plan or programme

17

Consultations Art. 7

New element compared to the ex ante evaluation:

•Transboundary consultationsWhere a P/P is considered likely to have

significant effects on the environment of another MS, or affected MS requests, consultations:

– On the draft P / P and– On the environmental report

Organised in line with the principles of the Espoo Convention (1991 UNECE Convention on transboundary EIA)

18

Decision makingArt. 8

The competent authorities have to take account of the:

– Environmental report

– Opinions expressed pursuant to the consultation (public, environmental authorities)

– Results of any transboundary consultation

19

Information on the decisionArt. 9

Information about final decision has to be provided to the public, environmental authorities, other countries (if consulted):

– Adopted plan/programme

– Statement summarising how environmental report and results of consultations have been taken into account, and reasons for choosing between alternatives

– Monitoring measures

20

MonitoringArt. 10

MS must ensure the monitoring of significant environmental effects in order to:

– Identify at an early stage unforeseen adverse effects

and

– Be able to undertake appropriate remedial action

NB: Monitoring measures must be included in the report

21

Quality AssuranceArticle 12(2)

“Member States shall ensure that environmental reports are of a sufficient quality to meet the requirements of this Directive and shall communicate to the Commission any measures they take concerning the quality of these reports.”

• Focus on Environmental report– Checklists ? Independent review ?

22

SEA and SFs 2007-2013

•The SEA directive applies to the Plans/Programmes of the 2007-2013 period •most OPs will probably have to be subject to SEA •NSRFs- probably not , though « good practice »

Verify if the individual OPs meet the requirements foreseen by the directive (Art. 2, definition and art. 3 scope and sectors)

If they meet the requirements, they have to be subject to an SEA

If an SEA is carried out, ensure: quality of the report, consultations, decision making, monitoring

23

Avoid duplication of assessments.

The directive enables a repetition of assessments to be avoided when appropriate:

P&P forming part of a hierarchy, (with a view to avoiding duplication of assessment information obtained at other levels can be used in the report, Art. 4(3) and 5(3))

Possibility to foresee coordinated procedures for P&P for which the obligation to carry out assessments arises simultaneously from this directive and other Community legislation (e.g. Water framework directive, « habitats » directive, directive on noise etc)

24

SEA Directive not yet transposed?

The provisions of the directive should be applied directly by MS (requirement by the Commission as the directive should have been transposed by 21.7.2004-ECJ decisions).

Demonstrate/explain how the assessments carried out correspond to the requirements of the directive.

25

Some reference documents

Joint letter MPC and GM « modus operandi » being prepared by

REGIO and ENV EU Guidance  on the application of the

directive: http://ec.europa.eu/environment/eia/sea-support.htm

DG ENV site EIA-SEA:

http:/ec.europa.eu/environment/eia/home.htm " Handbook on SEA for Cohesion Policy

2007-2013 " published by the INTERREG III Programme, GRDP project –only in EN

26

EU GUIDANCE

English version

« Implementation of Directive 2001/42/EC on the assessment of certain plans and programmes on the environment »

European Commission, 2003

(http://ec.europa.eu/environment/eia/030923_sea_guidance_en.pdf)

27

•Objectives

•Scope

•General Obligations

•Environmental Report

•Quality of Environmental Report

•Consultations

•Monitoring

•Relation with other EC legislation

Contents of EU Guidance

28

Documents required by the Commission to ensure the conformity of assessments carried out in the SFs (1)

Documents already existing in the frame of the SEA Procedure

• Non Technical Summary, Foreseen by Annex I, point j of the Directive.

• The statement foreseen by article 9(1)(b)summarising how environmental considerations and the opinions expressed have been taken into account

• The description of the measures decided concerning monitoring foreseen in articles 9(1)(c) and 10 (monitoring)

29

Documents required by the Commission to ensure the conformity of assessments carried out in the SFs (2)

Ad hoc document to be prepared by MS and submitted with the previous

documents

• Information on the consultations with the public and the environmental authorities concerned -who has been consulted, how they were informed, how long was available for responses, what means were used- (Art. 6 of the directive).