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 Policy for the period 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 & programmes covered by SEA Directive (2001/42/EC) Projects covered 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&P P&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&P Characteristics of effects and areas likely to be affected

10 Plans & programmes not requiring an SEA Art. 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 /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 XXX Consultations Plans & 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 monitoring Non 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 consultations Where 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 making Art. 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 decision Art. 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 Monitoring Art. 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 Assurance Article 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 The SEA directive applies to the Plans/Programmes of the 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 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: support.htm DG ENV site EIA-SEA: " Handbook on SEA for Cohesion Policy " 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 ( 23_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).