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  1. Environmental assessments of plans, programmes and projectsEU – CENTRAL ASIA STRATEGY FOR A NEW PARTNERSHIPPLATFORM FOR ENVIRONMENT AND WATER COOPERATION Milena NOVAKOVA DG ENVIRONMENT Regional Seminar, 10 April 2014, Brussels

  2. Environmental Assessments Water Framework Directive Impact Assessment Policies, Strategies, Legislation Waste Framework Directive Habitats and Birds Directives Plans & Programmes SEA Directive (2001/42/EC) Projects (public - private) EIA Directive (2011/92/EU) Carbon Capture Storage Directive Landfill Directive IED Directive

  3. EU legislation • Environmental Impact Assessment (EIA) • Directive2011/92/EUcodified: • Initial EIA Directive 85/337/EEC • Directive97/11/EC • alignment to the Espoo Convention; • selection criteria for screening. • Directive 2003/35/EC - alignment to the Aarhus Convention (public participation) • Directive 2009/31/EC amends the annexes to include projects of storage and transfer of CO2 • Strategic Environmental Assessment • Directive2001/42/EC

  4. Principles SEA Directive • 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. EIA Directive • To protect the environment and the quality of life. • Ensure approximation of national laws with regard to the assessment of the environmental effects of public and private projects. Guiding principle for both EIA/SEA: plans, programmes and projects which are likely to have significant effects on the environment are subject to an assessment.

  5. Scope of applicability: SEA Which plans or programmes? • prepared and/or adopted by an authority at national, regional or local level AND • required by legislative, regulatory or administrative provisions. Exemptions: • Plans & programmes the sole purpose of which is to serve national defence or civil emergency; • Financial or budget plans/programmes.

  6. Scope of applicability: SEA Plans and programmes (P/Ps) thatalwaysrequire SEA are those: • prepared for agriculture, forestry, fisheries, energy, industry, transport, waste/ water management, telecommunications, tourism, town & country planning or land use AND which set the framework for future development consent of projects listed in the EIA Directive; • which have been determined to require an assessment under Articles 6 or 7 of the Habitats Directive. • P/Ps co-financed by the EU (e.g. OPs). • Modifications of P/Ps. Plans and programmes that must be screened: • P/Ps using small areas at local level. • minor modifications to P/Ps. • P/Ps setting the framework for future “non-EIA projects” and “non-sector” P/Ps.

  7. Scope of applicability: EIA • Annex I projects • Annex II projects Mandatory EIA Screening up to competentauthorities to decide if an EIA isneeded or not case-by-case or thresholds

  8. Some examples of EIA projects ANNEX I • Long-distance railway lines; • Airports with a basic runway length ≥ 2100 m ; • Motorways, express roads, roads of four lanes or more (of at least 10 Km); • Waste disposal installations: • for hazardous waste • for non hazardous waste (above 100 tonnes/day) • Waste water treatment plants (above 150.000 p.e.). ANNEX II • Construction of railways and roads not included in Annex I; • Waste disposal installations and waste water treatment plants not included in Annex I; • Urban development projects; • Inland waterways, flood-relief works and canalization; • Changes or extensions of Annex I and II projects that may have adverse environmental effects.

  9. The Environmental Assessment Procedures Screening Scoping Environmental Report/Study Information and Consultation Decision Information on decision Monitoring Using screening criteria For projects screened out (shorter procedure) Scope and level of detailObligatory under the SEA The “Report” (including a non-Technical summary) Public, environmental authorities, other MS... Takes account of env. report and consultations End of EIA/SEA process Only for SEA

  10. Scoping Env. Report Consultation Decision Information on decision Screening – Principles Screening • Only for Annex II projects (EIA) or small/minor P/Ps and P/Ps not listed (SEA) • Answers the question: is an EIA/SEA required? • Guiding principle: is the plan/project likely to have significant environmental effects? • If yes SEA/EIA needed • If no  no SEA/EIA needed • How do we determine the effects (margin of discretion for MS): • Case by case examination and/or • Specify P/Ps (SEA) - thresholds or criteria (EIA) • Screening criteria must always be taken into account. • Screening decisions (including the reasons for not requiring an EIA/SEA) are made available to the public. Monitoring

  11. Scoping Env. Report Consultation Decision Information on decision Screening – Annex criteria Screening • Characteristics of the P/Ps or projects • size, cumulation with other projects, natural resources use, waste production, pollution, risk of accidents … • Project location - environmental sensitivity of area likely to be affected • land use, natural resources, Natura 2000 sites, exceeded environmental standards … • Potential impact • extent, transboundary nature, probability, magnitude, duration, frequency, reversibility... Monitoring

  12. Scoping Env. Report Consultation Decision Information on decision Scoping Screening • Answers the question“what should be covered by the environmental information?”. • Obligatory under the SEA; optional under the EIA, but… • Opinion by the competent authority. Competent authority may subsequently require further information. • Improves the quality of the EIA process. Monitoring

  13. Scoping Env.Report Consultation Decision Information on decision Environmental Report Screening Must identify, describe and evaluate, e.g.: • The environmental characteristics of aspects/areas likely to be significantly affected. • The likely significant environmental effectsof the plan/programme/project (including indirect and cumulative effects). • Alternatives (reasonable+zero/SEA or main alternatives studied by the developer/EIA) and reasons for the choice. • Mitigation measures • [Monitoring measures and arrangements] • Non-technical summary Monitoring

  14. Scoping Env. Report Consultation Decision Information on decision Consultations Screening 1. Environmental authorities • - in several stages (screening, scoping, report) • - on the draft plan/programme or request for development consent • - the environmental “report”; 2. The public (including NGOs) • - on the draft plan/programme • - the environmental “report” 3. Transboundary consultations (Espoo) • - on the draft plan/programme • - the environmental “report” Modalities: • - early and effective opportunities to participate • - when all options are open • - reasonable time-frames Monitoring

  15. Scoping Env. Report Consultation Decision Info on decision Screening Decision and information 1. Competent authorities must take account of: • Environmental report • Opinions expressed • Results of transboundary consultations 2. Information about final decision has to be provided to the public, environmental authorities, other countries (if consulted): • Content of the plan/programme/decision on project; • Main reasons on which the decision is based (statement in SEA); • Mitigation measures (EIA/SEA); • Monitoring measures (SEA). ; Monitoring

  16. Scoping Env. Report Consultation Decision Information on decision Screening Monitoring • Mandatory in SEA • Member States have to monitor the significant environmental effects of the implementation of the plan/programme in order to: • identify at an early stage unforeseen adverse effects • be able to undertake remedial action • Existing monitoring arrangements may be used. • Monitoring measures must be covered in the SEA Report. • EIA (only): Public concerned has access to a review procedure. Monitoring

  17. Revision of Directive 2011/92/EU (1/2) Objective: Enhancingeffectiveness and efficiency of the EIA and: • to correct shortcomings, • reflect in legislation on-goingenvironmental and socio-economic changes and challenges, and alignthe directive with the principles of smart regulation. • Courts' case-law practice. After 25 years of application, the EIA Directive has not significantly changed, while the policy, legal and technical context has evolved considerably.

  18. Revision of Directive 2011/92/EU (2/2) • Legislative procedure (on-going) • The first reading position of the European Parliament – adopted on 12.03.2014. • The EP position reflects the general objective for amending the EIA Directive & introduces some novelties such as: • 'One-stop shop' for assessments requiring both EIA and appropriate assessment (Habitats Directive); • Quality control mechanism; • Mandatory assessment of reasonable alternatives; • Implementation of mitigation/compensation measures and monitoring of significant adverse effects; • Broader scope of the EIA, including now biodiversity, climate change, risk prevention, • Need for justification of screening and EIA decisions. The Council of Ministers is to vote on the file in the course of April.

  19. Court of the EU – Case law • The interpretation of the EIA and SEA Directives is not static, but it is subject to interpretation by the Court of the EU. • Infringements procedure initiated by the Commission (Art.258 TFEU) or references by national courts (Art.267 TFEU). • Considerable body of case law, but need to apply judgments carefully. • Courts' rulings mainly concern the EIA Directive; progressing case-law practice on SEA.

  20. EIA/SEA Guidance EU Commission EIA / SEA Homepage: • Guidance on the implementation of the EIA and SEA Directives • Guidance and checklists (EIA): • Per stage (screening, scoping, EIS review) • Project categories (EIA) • Indirect, Cumulative Impacts & Interactions • Climate/biodiversity • Transboundaryprojects • Case-law of the Court of the EU. • Studies and reports on the implementation of the EIA/SEA

  21. Thank You!