Overview of the implementation of the SEA directive Ulla-Riitta Soveri, Ministry of the Environment, Finland SEA Conference 26-30 Sept. 2005, Prague

Transposition of the SEA directive, July 2005 Deadline for transposition 21 July 2004 Legal action by the European Commission first written warning (Letter of Formal Notice) final written warning ( Reasoned Opinion) 11 July 2005 RO to 12 of 25 Member States: AT, BE, CY, GR, ES, FI (province of Åland), IT, LU, MT, NL, PT, SK urs280905

Plans and programmes covered by SEA directive Prepared and/or adopted by an authority AND Required by legislative, regulatory or administrative provisions Mandatory when prepared for certain listed sectors AND set the framework for development consents OR require an assessment pursuant to the Habitats Directive In addition, screening mechanism Exemptions urs280905

Environmental assessment Preparation of an environmental report Consulting environmental authorities and the public Taking into account the results Provision of information on the decision Afterwards: monitoring environmental effects urs280905

EC Guidance on the implementation of the SEA directive Scope of the directive General obligations The environmental report Quality of the environmental report Consultation Monitoring Relation with other EC legislation urs280905

Principal legislative solutions EIA and SEA in separate acts (e.g. DK, FI) EIA and SEA in the same act (e.g. DE, EE, FR, HU, LT, LV, PL, SE, SK) Amendments to various acts (AT) In most cases also amendments to land use planning legislation (e.g. AT, DE, FI, FR, LT, SE ) urs280905

Administrative problems Differing views between ministries Competence issues between planning and environmental authorities Competence issues (sole/shared) between federal and provincial levels (e.g. AT, DE, ES) urs280905

Types of plans and programmes identified by Member States In most Member States: land use planning, water management, waste management, transport sectors In addition: agriculture (e.g. HU, LV) forestry (e.g. FR, IE) mineral resources (e.g. LV, UK) regional development (e.g. FI, HU, IE, LV, UK) nature conservation (e.g. FI, DE) noise and air (e.g. AT, DE) urs280905

Lists of plans and programmes Mandatory lists Indicative lists and case-by-case screening Exemption lists Names of plans and programmes vary: plans, programmes, guidelines, schemes, strategies Key criteria: ”required by legislation or administrative provisions” ”set the framework for development consents” urs280905

Policies SEAD = on the assessment of the effects of certain plans and programmes on the environment UNECE SEA Protocol also covers policies and legislation (separate art. 13) signed on 21 May 2003 ratified by FI and CZ in 2005 SEA applied to policies and/or legislation (e.g. CZ, DK, FI, NL) urs280905

Problems and challenges Community level differences in planning systems in Member States differences in scope in Member States relationship between EIA and SEA Member States lack of practical experience inadequate transposition? urs280905

Challenges for implementation Cooperation between authorities (e.g. administrative systems) Integration of SEA into planning and decision-making Relationship between EIA and SEA, tiering Scope: interpretation of ”set the framework”, ”required by” Quality of SEAs urs280905