Environmental Assessment

Assessment of the certain effects of plans and programmes on the environment (SEA)

Directive 2001/42/EC — Strategic Environmental Assessment Directive (SEA)

It aims to ensure a high level of environmental protection and that environmental considerations are taken into account when preparing, adopting and implementing plans and programmes.
It promotes sustainable development by ensuring that environmental assessment is carried out of certain plans and programmes likely to have significant effects on the environment.It has applied since 21 July 2001. It had to become law in the EU countries by 21 July 2004.

KEY POINTS

The public plans and programmes covered by the Strategic Environmental Assessment (SEA) Directive are subject to an environmental assessment during their preparation and before their adoption.

This directive applies to the public plans and programmes (as well as their amendments) which have been prepared and/or adopted by a competent authority and which are subject to legislative, regulatory and administrative rules:
plans and programmes which are prepared for specific sectors (agriculture, forestry, fisheries, energy, industry, transport, waste management, water management, telecommunications, tourism, town and country planning and land use) and which set the framework for development consent of projects under the Environmental Impact Assessment (EIA) Directive;
plans and programmes for which an assessment is required under Articles 6 and 7 of the ‘Habitats’ Directive;
plans and programmes which set the framework for future development consent of projects other than those under the EIA Directive (not limited to the sectors listed above) and which EU countries have identified as likely to have significant environmental effects. EU countries can determine this either through case-by-case examination or by specifying types of plans and programmes or by combining both approaches.

The directive sets out a procedure and a number of steps to be followed when assessing a plan or programme to which it applies. These steps include:
scoping;
preparing the environmental report;
public consultation and participation;
decision-making; and
monitoring.

The directive also makes subject to a screening procedure:
plans and programmes different from those listed in Article 3(2), but which set out the scheme for future development consent of projects, as well as
plans and programmes: which determine the use of small areas at local level and minor modifications to plans and programmes, but only if they are likely to have significant environmental effects.

EU countries’ margin for discretion is limited by the significance criteria in Annex II, when it comes to screening certain plans and programmes. It is also restricted by the overall objective of the directive — which is to ensure a high degree of environmental protection.
Plans and programmes the sole purpose of which is to serve national defence or civil emergency, and financial or budget plans and programmes are not covered by this directive.
A specific set of rules applies to the early stages of decision-making when plans and programmes are being developed, i.e. when:
preparing a report on the likely significant effects on the environment;
informing and consulting the public and the environmental authorities;
conducting transboundary consultations with potentially affected EU countries;
identifying measures to address and monitor significant environmental impacts.

The environmental report must contain, among other information, the following:
the contents of the plan or programme and its main objectives and links to other relevant plans and programmes;
the existing environmental situation and its likely development if the plan or programme is not implemented;
any existing environmental problems which are relevant to the plan or programme, specifically those relating to zones in the Natura 2000 network;
the measures envisaged to prevent, reduce and offset any significant adverse effects on the environment;
a description of how the assessment was carried out;
the envisaged monitoring measures;
a non-technical summary of the above information.

The draft plan or programme and the environmental report must be made available to the authorities responsible for environmental issues and to the public. The authorities and the public must have the opportunity to express their views on the draft plan or programme at an early stage and in sufficient time before it is adopted or submitted to the legislative procedure.
The EU country responsible for preparing the plan or programme is required to send a copy of it, together with a copy of the environmental report, to other EU countries:
where it considers that the plan or programme is liable to have environmental effects on the territory of those other EU countries;
at the request of those other EU countries.

The environmental report, the opinions expressed by the relevant authorities and the public and the results of any transboundary consultations must be taken into account by the competent authority during the preparation of the plan or programme and before it is adopted.

When a plan or programme is adopted, the EU country responsible must inform all parties concerned which have been consulted and make available to them:
the plan or programme as adopted;
a statement summarising how environmental considerations have been integrated and the environmental impact report;
the opinions and the results of consultations;
the reasons for choosing the plan or programme as adopted;
the monitoring measures undertaken.

The environmental assessment carried out under the SEA Directive does not remove the obligation to conduct the assessment required under the EIA Directive, or to meet any other EU legal requirements.

EU countries may provide for coordinated or joint procedures in order to avoid duplication of environmental assessment in respect of plans and programmes for which the obligation to carry out assessments arises simultaneously from this directive and from other EU legislation.
From 21 July 2006 and every 7 years after this date, the European Commission will continue to submit reports on the application of the directive to the European Parliament and the Council.

DOCUMENT

Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment (OJ L 197, 21.7.2001, pp. 30-37)

Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, pp. 7-50)

Successive amendments to Directive 92/43/EEC have been incorporated in to the original document. This consolidated version is of documentary value only.

Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment (OJ L 26, 28.1.2012, pp. 1-21)

Report from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions — On the application and effectiveness of the Directive on Strategic Environmental Assessment (Directive 2001/42/EC) (COM(2009) 469 final, 14.9.2009)

Report from the Commission to the Council and the European Parliament under Article 12(3) of Directive 2001/42/EC on the assessment of the effects of certain plans and programmes on the environment (COM(2017) 234 final, 15.5.2017)

Assessment of the effects of projects on the environment (EIA)

Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment

Known as the EIA Directive, the directive aims to ensure:

a high level of environmental protection;
environmental considerations are integrated into the preparation and authorisation of projects.

This objective is achieved by ensuring that environmental assessment of certain public and private projects listed in the directive’s Annexes I and II (airports, nuclear installations, railways, roads, waste disposal installations, waste water treatment plants, etc.) is carried out.

The EIA Directive applies to a wide range of public and private projects.

Directive 2011/92/EU has applied since 17 February 2012. It codifies 4 earlier directives (85/337/EEC, 97/11/EC, 2003/35/EC and 2009/31/EC) the first of which became law in the EU countries on 3 July 1988.

Amending Directive 2014/52/EU has applied since 25 April 2014 and had to become law in the EU countries by 16 May 2017.

KEY POINTS

Directive 2011/92/EU defines the environmental impact assessment (EIA) process which ensures that projects likely to have significant effects on the environment are made subject to an assessment, prior to their authorisation.

Amending legislation (Directive 2014/52/EU) was adopted in 2014. In line with the drive for smarter regulation, it:

helps reduce administrative burden;
improves the level of environmental protection to permit sounder, more predictable and sustainable business decisions on public and private investments;
takes into account threats and challenges that have emerged since the original rules came into force 30 years ago. This means paying more attention to aspects like resource efficiency, climate change and disaster prevention, which are now better reflected in the assessment process.

The main amendments are:

EU countries can simplify their different environmental assessment procedures.
Timeframes are introduced for the different stages of environmental assessments.

The screening procedure, determining whether an EIA is required, is simplified.

Decisions must be duly motivated in the light of the updated screening criteria.
EIA reports are to be made more understandable for the public, especially as regards assessments of the current state of the environment and alternatives to the project in question.
The quality and the content of the reports is improved. Competent authorities also need to prove their objectivity to avoid conflicts of interest.
The grounds for development consent decisions* must be clear and more transparent for the public.
If projects do entail significant adverse effects on the environment, developers are obliged to avoid, prevent or reduce those effects. These projects must be monitored.

The EIA process

The EIA process operates as follows:

the project developer may request the competent authority to specify what should be covered by the EIA information to be provided (scoping stage);
the developer must provide information on the environmental impact (in the form of an EIA report drafted in accordance with Annex IV of the directive);
the environmental authorities and the public, as well as local and regional authorities (as well as any EU countries that are affected) must be informed and consulted;
the competent authority decides taking into consideration the results of consultations; this decision also includes a reasoned conclusion on the significant effects of the project;
the authority informs the public of its decision;
the public can challenge the decision before the courts.

Public consultations

Consultation with the public is a key feature of EIA process. To ensure effective public participation, the EIA report and other information must be provided as early as possible. This can be done electronically, by public notices or bill posting, or via local newspapers.

Responsibility of national authorities

Authorities have to decide within a reasonable time whether to approve the project or not. They must make available to the public, as well as to environmental, local and regional bodies, the content of a positive decision, including the main reasons for their approval and any environmental or other conditions they attach. If they refuse development consent, they should explain why.

EU countries may lay down more stringent conditions and fix penalties for any infringements.

DOCUMENTS

Successive amendments to Directive 2011/92/EU have been incorporated into the original text. This consolidated version is of documentary value only.