SEA & ETC Strategic Environmental Assessment and European Territorial Cooperation programmes Annual meeting with the Managing Authorities of the ETC programmes – 22/04/2013 Georges Kremlis – DG environment (Unit: Cohesion Policy and Environmental assessments)

The environmental assessment procedure Scoping Decision Information on decision Environmental Report/Study Screening Information and Consultation Monitoring Scope and level of detail of ENV report The “Report” (including a non-Technical summary) Public, environmental authorities, other MS Takes account of env. report and consultations End of SEA process Using screening criteria For P&P screened out (info on decision + reasons for non requiring SEA)

Provided that they fulfill certain requirements of the SEA Directive. Is the SEA Directive applicable to ETC programmes? Programmes financed by the European Union fall under the scope of the SEA Directive (Art 2). Provided that they fulfill certain requirements of the SEA Directive.

For which programmes is an SEA required? P&P 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 Annexes I and II of the EIA Directive OR (b) that require an assessment under Article 6 or 7 of the Habitats Directive

Check whether the ETC programme: How to determine that SEA or screening is needed? Check whether the ETC programme: covers the relevant sector(s) and "sets the framework" for future authorisation of projects set out in EIA Directive (mainly infrastructure projects). OR "sets the framework" for future authorisation of projects (Art. 4(4)) (i.e. other than EIA projects). Similar situation with certain ESF programmes (training, education programmes) which will not lead to development of projects. Ex. of education or training programmes which do not involve the development of infrastructures; but if the programme is linked with construction of buildings for school/university, SEA is needed.

How is it decided that SEA is not applicable? Consult the relevant environmental authorities (all of them) on the applicability of the SEA Directive. A statement explaining the reasons why an SEA is not needed (no future development of projects at all; nature of the activities of the programme (only cooperation/network) etc..) needs to be prepared. A statement by the EAs confirming that the SEA is not applicable should be prepared.

Programme covers areas of Art Programme covers areas of Art. 3(2) + sets framework for development consent of future EIA projects SEA is needed (Annex I criteria) Programme sets framework for development consent of future projects (not EIA) screening is needed (Annex II criteria) Programme does not set the framework for development consent of any projects SEA Directive not applicable + explanatory statement

Getting started when an SEA is needed

Joint or separate SEAs procedures? In the absence of specific rules/requirements in the MSs: Managing Authorities and Environmental authorities (EAs) should agree on the procedure to be followed when starting the preparation of the Programme. Practical issues such as scope of the report, the preparation of a single or joint report(s), the timing and organisation of consultations should be decided early in the process. Joint body involving MAs and EAs from the MSs concerned could be set up. Regular meetings throughout the SEA process should be held (face to face or teleconference) to ensure general coordination.

Single or separate environmental report(s)? Scope of the report(s) (extent to which certain matters are assessed) : need to coordinate and agree. Consult all relevant Env. Authorities. Single SEA report = most advisable solution to cover the whole programme and assess its overall effects. However, separate reports are also acceptable. In case of separate reports: avoid important differences in the scope and level of detail of the reports. a synthetic presentation/summary of the overall effects of the OP providing an overview of the overall impacts of the Programme should be considered.

Organising consultations with the public & environmental authorities (Art. 6) Environmental authorities in all the MSs involved need to be consulted. From a practical point of view, it is very likely easier to organise consultations in each MS (linguistic aspects, national rules in relation to public consultation, time frames..) rather than a single public consultation. Consider the documents to be made available to the public: draft programme, environmental report + in case of separate procedures: non-technical summaries from the other MSs. Translation: to ensure appropriate public participation, relevant information (draft programme + at least non-technical summary) should be made available in the languages of the MS involved. Need to give the public and the EAs an early and effective opportunity within appropriate time frames to express their opinion on the draft plan and the environmental report(s).

Decision making (Art. 8) The environmental report and the opinions expressed (public + EAs) are taken into account during the preparation of the Programme and before its adoption. In case of separate procedures, need to coordinate in order to incorporate the results of the separate reports and of the different consultations into the programme.

Information on the decision (Art. 9) The programme as adopted. A statement summarizing how environmental considerations have been integrated and how the report and the opinions expressed have been taken into account Measures decided concerning monitoring. When a programme is adopted, public, and EAs are informed. The following items are made available: - No specific rules for ETC programmes. According to SEA Directive, after adoption of the programme, the public and EAs consulted must be informed. - Consider establishing a joint or separate statement(s) covering all the procedure(s). - Every MS should make it available according to its own procedures. - The statement should cover all the environmental report(s) and all opinions expressed.

Sources of information EIA / SEA Homepage: http://ec.europa.eu/environment/eia/home.htm Guidance on the implementation of the SEA Directive Studies and reports on the implementation of the EIA/SEA Directives Guidance on Integrating Climate Change and Biodiversity into Strategic Environmental Assessment: http://ec.europa.eu/environment/eia/pdf/SEA%20Guidance.pdf GRDP Handbook on SEA for Cohesion Policy 2007-2013 (Interreg IIIC, GRDP greening regional development programmes) http://ec.europa.eu/regional_policy/sources/docoffic/working/doc/sea_handbook_final_foreword.pdf