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The development in the legislation on EIA and SEA in Adriatic Countries

Development in the legislation on EIA and SEA in Slovenia

The application of the Espoo Convention and its Protocol in the

Mediterranean region, UNECE Marocco, Rabat, 14-15 April 2015

Ministry of the Environment and Spatial Planning

Vesna Kolar Planinšič, Msc. vesna.kolar-planinsic@gov.si

The application of the Espoo Convention and its Protocol in the Mediterranean region, UNECE Marocco,

Rabat, 14-15 April 2015

Slovenia

The application of the Espoo Convention and its Protocol in the Mediterranean region, UNECE Marocco,

Rabat, 14-15 April 2015

EIA Directive

SEA Directive

Water Framework Directive

Waste directive

Habitat directive

Bird Directive

Seveso Directive

Sea Directive

Directive on spatial planning on sea

Espoo Convention SEA Protocol Barcelona Convention Integrated Coastal cone Protocol Biodiversity Convention Arhus Convention

International

legislation

SIGNATURE

RATIFICATION

ACCEPTED BY

LAW

EU legislation:

TRANSPOSITION

IN NATIONAL

LEGISLATION

Law, decrees

Application of the EIA/SEA, including transboudary

The application of the Espoo Convention and its Protocol in the Mediterranean region, UNECE Marocco,

Rabat, 14-15 April 2015

EIA

EIA IN TRANSBOUNDARY

CONEXT

SEA AND SEA IN TRANSBOUNDARY

CONTEXT

• Legislation

• Administrative measures

• Other measures

• Legislation

• Administrative measures

• Other measures

• Legislation

• Administrative measures

• Other measures EIA Implementation Cases SEA Implementation Cases

1978-1994

1998-2003

2003-2008

LEGAL FRAMEWORK

EIA legislation The Environment Protection Act

EIA: since 1978 in the Environmental Protection act

New act: 1993, amanded 2003: EIA National and Transboudary procedure

Decree on projects that require environmental impact

assessments: List of projects (Annex I and II EIA directive, Espoo convention)

Amanded act in 2009: screening ,tresholds or/and criteria from Annex III EIA Directive

New decree on projects that require environmental impact assessments 2013

The application of the Espoo Convention and its Protocol in the Mediterranean region, UNECE Marocco, Rabat, 14-15 April 2015

The application of the Espoo Convention and its Protocol in the Mediterranean region, UNECE Marocco, Rabat, 14-15

April 2015

ENVIRONMENT, WATER, BIODIVERSITY, LANDSCAPE POPULATION AND HEALTH, CULTURAL HERITAGE,

SAFETY, CLIMATE CHANGE, SOCIO-ECONOMIC CONDITION

Convention on Environmental Impact Assessment in the Transboundary context (ESPOO) Act Ratifying the Convention on Environmental

Impact Assessment in the Transboundary Context,1998

Act ratifying the First Amendment to the Espoo Convention and the Second Amendment to the Espoo Convention, 2007

Act ratifying SEA Protocol / EU ratification under slovenian presidency, 2008 The application of the Espoo Convention and its Protocol in the Mediterranean region, UNECE Marocco,

Rabat, 14-15 April 2015

The application of the Espoo Convention and its Protocol in the Mediterranean region, UNECE Marocco, Rabat, 14-15

April 2015

Strategic Environmental Assessment (SEA) legislation

The Environment Protection Act

Article 39 - Environmental baselines Article 40 – 48 SEA steps: Screening Scooping Preparation of Environmental Report Consultation with authorities Consultation with public Environmental acceptability

Aim To realise the principles of sustainable development, integrity,

prevention and cooperation, the Environmental Protection Act defines procedures under which the impacts of plans and activities affecting the environment in Slovenia and neighbouring countries or other EU Member States and parties to the Protocol on Strategic Environmental Assessment to the Convention on Environmental Impact Assessment in a Transboundary Context are examined.

The Environmental Protection Act lays down that SEA and EIA should be carried out for plans and activities/projecs that can have a significant impact on the environment.

The application of the Espoo Convention and its Protocol in the Mediterranean region, UNECE Marocco,

Rabat, 14-15 April 2015

The application of the Espoo Convention and its Protocol in the Mediterranean region, UNECE Marocco,

Rabat, 14-15 April 2015

Objective The objective of SEA is to prevent or at least to considerably reduce activities that

may have significant effects on the environment and protected areas, thus realising

the principles of sustainable development, integrity and prevention.

Procedure In SEA procedure, the effects of the plan are evaluated on the basis of the

environmental report.

The procedure is conducted by the ministry responsible for the environment.

It also includes cooperation between all national authorities within their ministries

and organisations, as well as public information and participation.

The participation of the public is based on 30-day public presentation of the

environmental report.

National authorities and local communities must, prior to the preparation of the plan

and in the specified manner, inform the ministry responsible for the environment

thereof. Non-compliance with legal obligations may result in invalidity of plans.

Plans and programmes (2004-2010)

The application of the Espoo Convention and its Protocol in the Mediterranean region, UNECE Marocco,

Rabat, 14-15 April 2015

WATER MANAGEMENT

TOWN AND

COUNTRY

PLANNING

LAND USE

FORESTRY

FISHERIES

ENERGY

INDUSTRY

TRANSPORT

TOURISM

WASTE

MANAGEMENT

SEA Appropriate

assessment

AGRICULTURE

The application of the Espoo Convention and its Protocol in the Mediterranean region, UNECE Marocco, Rabat, 14-15 April 2015

Detail legislative measures Decree on Environmental impact assessment

activities/project define projects which needs

EIA or screening

Rules on Natura 2000 apropriate assessment

according to Art. 6 of Habitats Directive define criteria for impact and screening for all Natura 2000 species and habitats

Decree on other environmental criteria

Screening decission criteria

Plan set the framework for further development consent of projects listed in Annexes I and II to Directive 85/337/EEC

or

Plan is likely to have significant environmental effect according to Art. 6 or 7 of Directive 92/43/EEC (Apropriate assessment)

or

Plan has other environmental effect

The application of the Espoo Convention and its Protocol in the Mediterranean region, UNECE Marocco, Rabat,

14-15 April 2015

The application of the Espoo Convention and its Protocol in the Mediterranean region, UNECE Marocco, Rabat, 14-15 April

2015

Screening – SEA YES/NO

Natura EIA

Other

env.reason

More reason

The application of the Espoo Convention and its Protocol in the Mediterranean region, UNECE

Marocco, Rabat, 14-15 April 2015

Rural Development Plan

Transport Programme

Transnational Programmes: Alpine

Space, Donav, etc.

Operational Programme for kohesion funds

Cross border programme SI-A, SI-HU, SI-I, SI-CRO

Programme for fisheries

SEA for Programmes

SEA process Draft plan/programme First consultation with ministries and organisation Screening decission -public Scoping : confirmation (voluntary), Quality of environmental report Second consultation with ministries and organisation Public participation Proposed plan/programme Third consultation with ministries and organisation Environmental decission on acceptability of plan

The application of the Espoo Convention and its Protocol in the Mediterranean region, UNECE Marocco, Rabat, 14-15 April 2015

Scoping A workshop with authorities and public - Presentation of possible relevant environmental aims

and indicators - Brain storming - Consultation with authorities - Expert opinion Draft aims and indicators defined Scoping report for comments of the public for 30 days

on web page Comments included

The application of the Espoo Convention and its Protocol in the Mediterranean region, UNECE Marocco,

Rabat, 14-15 April 2015

Main SEA goals Reducing climate change impact

Improving air quality

Reducing emission

Reducing chemical risk

Good ecologic water quality

Good chemical underground water quality

Protection of wetlands

Good forest status

Reducing loss of biodiversity

Landscape protection

Quality of life The application of the Espoo Convention and its Protocol in the Mediterranean region, UNECE Marocco,

Rabat, 14-15 April 2015

The application of the Espoo Convention and its Protocol in the Mediterranean region,

UNECE Marocco, Rabat, 14-15 April 2015

SCOPING

Consultation with ministries and organisation, Report

SCREENING DECISSION

Available to the public

DRAFT PLAN

Consultation with ministries and organisation

The application of the Espoo Convention and its Protocol in the Mediterranean region,

UNECE Marocco, Rabat, 14-15 April 2015

PUBLIC PARTICIPATION

Public hearing Comments

ENVIRONMENTAL REPORT

Aims Indicators

DRAFT PLAN

Aims Indicators

The application of the Espoo Convention and its Protocol in the Mediterranean region, UNECE Marocco, Rabat, 14-15

April 2015

Case : Energy Plan public participation

The application of the Espoo Convention and its Protocol in the Mediterranean region, UNECE

Marocco, Rabat, 14-15 April 2015

PLAN ACCEPTED

Published Reason and cosideration

ENVIRONMENTAL ACCEPTABILITY

Consultation with ministries Consultation with organisation

FINAL PROPOSAL

The application of the Espoo Convention and its Protocol in the Mediterranean region, UNECE Marocco, Rabat, 14-15 April 2015

The application of the Espoo Convention and its Protocol in the Mediterranean region, UNECE Marocco,

Rabat, 14-15 April 2015

Draft plan

Screening,transboundary effects

Notification, prop. consultation

Environmental report

Public consultation

Answers/integration

Acceptability of plan

Final decission

Post-project analyses

Cro A I

Srb

CASE : National

Energy programme

Case: Transboudary EIA for termal power station ( Appendix I, 2, Espoo) Slovenia – Austria Case: Transboudary EIA for installation designed for storage of radiactive waste ( Appendix I, 3, Espoo) Slovenia - Croatia

The application of the Espoo Convention and its

Protocol in the Mediterranean region, UNECE

Marocco, Rabat, 14-15 April 2015

Figure : Illustrative location map for national urbanistic plan for Post of Koper

Case: Transboundary SEA for trading port which permit the passage of vessels of over 1,350 metric tons (Annex I,9, SEA Protocol)

Urban development national spatial plan

Slovenia SEA/Port of Koper

ITALY SEA/Port of Trieste

CASE : TRANSBOUNDARY EIA : LNG TERMINALS TRANSBOUNDARY SEA: PORT OF TRIESTE PORT OF KOPER

The application of the Espoo Convention and its Protocol in the Mediterranean region, UNECE Marocco, Rabat, 14-15 April 2015

Case : Transboundary SEA for gas national spatial plans

Case: Transboundary SEA for plan for hydrocarbon production (SEA Protocol, Annex I, 15)

Programme for hydrocarbon production in Croatia

The application of the Espoo Convention and its Protocol in the Mediterranean region, UNECE Marocco, Rabat, 14-15 April 2015

Figure: Illustrative location map for national plans for hydropower use in Brežice, 13 km from the border between Slovenia and Croatia, and Mokrice, ca. 0.5 km from the

border, and existing hydropower chain on the Sava River

CASE Strategic Environmental Transboundary Assessment between Slovenia and Croatia

of Slovenian National Plans for Hydropower Use on the Lower Sava in Brežice and Mokrice

The application of the Espoo Convention and its Protocol in the Mediterranean region, UNECE Marocco,

Rabat, 14-15 April 2015

Recommendation Develope national legal framework in parallel of the process for

ratification

Pilot project to test implementation

Develope assessment methods in theory and practice

Transboundary SEA to programmes and plans helps in better governance and transparency, improve plan at the very early stage

Prepare alternatives in advance and discuss option O

Involve public in early stage of SEA/ EIA and give the adequate possibility for both publics (Party of origin /Affected Party)

Improve mitigation measures /Post-project analyse

Open and keep transparent : step by step process

Well educated and trained administration is important for SEA/EIA Training /Cooperation/Capacity building

Thank you !

More information

http://www.mop.gov.si/si/zakonodaja_in_dokumenti/veljavni_predpisi/okolje/zakon_o_varstvu_okolja/

The application of the Espoo Convention and its Protocol in the Mediterranean region, UNECE Marocco, Rabat,

14-15 April 2015