SEA/EIA Directives

Martin SmutnyDubrovnik

October 7 – 8, 2009

What is SEA/EIA

• SEA is “a systematic and anticipatory process, undertakento analyze the environmental effects of proposed plans,programmes and other strategic actions and to integratethe findings into decision-making”.

• EIA is “a systematic process to identify, predict andevaluate the environmental effects of proposed actions andprojects, which shall be applied prior to major decisionsand commitments being made”.

Key differencesEIA

• Takes place at end of decision-making cycle

• Reactive approach todevelopment proposal

• Identifies specific impacts on theenvironment

• Considers limited number offeasible alternatives

• Emphasis on mitigating andminimizing impacts

SEA

• Takes place at earlier stages ofdecision-making cycle

• Pro-active approach todevelopment proposals

• Assesses relevance to env.objectives, cumulative impacts

• Considers broad range ofpotential alternatives

• Emphasis on environmentalmainstreaming

Features SEA EIA

Keyalternatives

Development directions(objectives and scenarios) andmultiple actions to achievethem

Locations and technologies

Impacts Long-term trends – localimpacts only if PP containsspecific project proposals

Specific impacts on the localstate of environment

Assessment More qualitative (quantitaive ifpossible)

More quantitative

Decisionmaking

Comparison againstenvironmental objectives

Comparison with local env.quality

Publicconcerned

Mainly organized “publics” –interest groups, think-tanks

Affected public and organizedgroups

Qualityreview

Process management, qualityof assessments and their usein the PP

Quality of EIA report andprocess management

SEA/EIA process

• Screening

• Scoping

• Impact analysis

• Report

• Review

• Decision-making

• Monitoring

+ consultation with authorities and public participation

Initiation

Approval of the PPP

Preparing the PPP

Review and finalisation of thePPP

Screening

Assessment of the PPP

Preparation of environmentalreport + review

Consultation with relevant stakeholders and the general public

Scoping

PPP preparation stages SEA/EIA stages

Monitoring of environmentaleffects of PPP

Scoping

Inputs to decision making

Monitoring

SEA Directive

• Directive 2001/42/EC on the assessment of the effects ofcertain plans and programmes on the environment

• Evolution of the document– The Proposal for the SEA Directive adopted by EC in

1996 and amended by EC in 1999– The amended text negotiated with the 15 MSs in 1999– The Directive was formally adopted in 2001

SEA Directive – objective

• To provide for a high level of protection of the environmentand to contribute to the integration of environmentalconsiderations into the preparation and adoption ofplans and programmes with a view to promotingsustainable development, by ensuring that, in accordancewith this Directive, an environmental assessment is carriedout of certain plans and programmes which are likely tohave significant effects on the environment.

SEA Directive – main aspects

• Stipulates general “rules” for SEA application

• MSs shall transpose the requirements considering thecountry specifics

• Focused on plan and programmes

• Environment: biodiversity, population, human health, fauna,flora, soil, water, air, climatic factors, material assets,cultural heritage including architectural and archaeologicalheritage, landscape and the interrelationship between theabove factors.

SEA Directive – definition of SEA

• “environmental assessment” shall mean– the preparation of an environmental report,– the carrying out of consultations,– the taking into account of the environmental report and the results of

the consultations in decision-making and– the provision of information on the decision

Subject of SEA

• Plans and programmes which:1. are subject to preparation and/or adoption by an authority at

national, regional or local level or which are prepared by anauthority for adoption,

2. are required by legislative, regulatory or administrative,3. are likely to have significant environmental effects,4. are prepared for agriculture, forestry, fisheries, energy, industry,

transport, waste management, water management,telecommunications, tourism, town and country planning or landuse

5. set the framework for future development consent of EIA projects6. requires an assessment regarding Natura 20000.

EIA Directive

• Directive 85/337/EEC on the assessment of the effects of certainpublic and private projects on the environment

– Adopted in 1985 and amended in 1997– Member States had to transpose the amended EIA Directive by March

1999

• The Directive outlines which project categories shall be made subjectto an EIA, which procedure shall be followed and the content of theassessment.

• The EIA may be integrated into the existing procedures for consent toprojects in the MSs, or into other procedures to comply with the aimsof this Directive.

EIA Directive – preamble

• development consent for public and private projectswhich are likely to have significant effects on theenvironment should be granted only after priorassessment of the likely significant environmental effectsof these projects has been carried out;

• this assessment must be conducted on the basis of theappropriate information supplied by the developer, whichmay be supplemented by the authorities and by thepeople who may be concerned by the project inquestion

EIA Directive – main aspects

• EIA shall identify, describe and assess the direct andindirect effects of a project on the environmental factors(including material assets and culture heritage)

• Focuses on projects and shall provide inputs to“development consent”

– i.e. the decision of the competent authority or authorities whichentitles the developer to proceed with the project

• Public / public concerned– i.e. public affected or likely to be affected by, or having an interest

in, the environmental decision-making procedures

Subject of EIA

• Mandatory EIA (Annex I)– Dams and other installations designed for the holding back or

permanent storage of water, where a new or additional amount ofwater held back or stored exceeds 10 mil. m3

+ Any change to or extension of projects listed in Annex I where sucha change or extension in itself meets the thresholds, if any, setout in this Annex.

• EIA based on screening (Annex II)– Installations for hydroelectric energy production+ Any change or extension of projects listed in Annex I or Annex II,

already authorized, executed or in the process of being executed,which may have significant adverse effects on the environment

Quality of SEA/EIA

• Quality of SEA/EIA systems– Legal framework, guidance, scope of PPP assessed, personal /

expert capacities (authorities, experts)

• Quality of specific SEA/EIA process– Links to the planning process / project preparation, public

involvement, consultations with relevant authorities, integration ofthe assessment results in the decision-making

• Quality of SEA/EIA report– All key issues covered, alternatives evaluated, findings clearly

defined etc.

Key preconditions for efficientSEA/EIA• interaction between SEA/EIA and the planning process

/ project preparation (e.g. whether assessment isconducted early enough to influence the PPP; and whetherthe SEA/EIA team communicates with the planners /developers)

• soundness of analytical approach (e.g. whetherassessment focuses on key issues, whether it examinesalternative options; whether the assessment is conducted atthe right temporal/spatial scale; and whether it considerscumulative impacts)

• quality of stakeholder engagement (e.g. whetherassessment promotes dialogue between key stakeholders,seeks their inputs on issues and options that need to beconsidered)

Decision-making• Decision-making

– the process of choosing between alternative courses ofactions

– political process in nature– involves weighing the benefits and costs and making

trade-offs among a range of considerations

• Purpose of EIASEA:– to provide information on potential environmental impacts to be

integrated in the final decision on the PPP– Facilitating environmental sound decision-making– SEA/EIA is not a decision-making!

Decision-makers• EIA – formal approving authority (e.g. issuing construction

permit), but in case of major infrastructure projects its oftenpolitical decision

• SEA – always political decision (political representativesi.e. government – national, regional, municipal council)

• Decision-makers shall take into account– Environmental report– Outcomes from the consultations with the authorities– Outcomes from the public involvement

Recommendations for efficientSEA/EIA• Don´t overcomplicate the legislation (keep flexibility)

• Be focused on the purpose and content of SEA/EIA

• Differentiate between SEA and EIA (and outcomes to bedelivered)

• Don’t overuse SEA/EIA

• Raise awareness on SEA/EIA (especially amongplanners, project developers and politicians)

Thank you for your attention!

Martin SmutnyIntegra Consulting Services Ltd.

martin.smutny@integranet.cz