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

2. 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
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3. 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
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4. 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
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5. 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
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6. 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 )
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7. 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)
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8. 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)
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9. 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”
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10. 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)
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11. 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?
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12. 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
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