EIA and SEA in EU.pptx

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EIA and SEA in EU
Directives and Guidelines
Focus on the quality of EIA report
Alexandros Koulidis

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What is EIA and SEA
• Environmental Impact Assessment (EIA):
– An ex ante exercise to assess and mitigate negative
environmental impacts from projects with significant
impacts.
– Aims at integrating environmental considerations into
project’s design, implementation and operation.
– It is an ad hoc procedure, applied to each specific
project, with a view of taking into account the
particularities of each case.
Sept. 2023 Alexandros Koulidis - EIA and SEA in EU 2

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What is EIA and SEA
• Strategic Environmental Assessment (SEA):
– An ex ante exercise to foresee and mitigate negative
environmental impacts from plans and programmes with
significant impacts.
– Necessary for plans/programmes that set framework for
project with significant impacts.
– Aims at integrating environmental considerations into the
planning process.
– It is an ad hoc procedure, applied to each specific
plan/programme, with a view of taking into account the
particularities of each case.

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What is EIA and SEA
• EIA and SEA common ingredients:
– Focus on initiatives with significant impacts. No interest for
initiatives with insignificant environmental effects.
– Ex ante, precautionary consideration. No room for ex post
approaches.
– Integration approach, aiming at bringing environmental issues
into the preparation procedure, binding it with technical design
and feasibility assessment.
– Similar methodology: (a) scientific, detailed study, (b)
consultation with the public and the authorities, (c) evaluation
and synthesis, (d) final decision.
– Provisions for transboundary environmental impacts.

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What is EIA and SEA
• EIA and SEA differences:
– EIA applies on projects – SEA applies on
plans/programmes.
– EIA is based on concrete design and detailed
environmental information – SEA is necessarily based on
more abstract descriptions and higher degrees of
uncertainty.
– SEA sets the requirements for the subsequent levels,
binding both developers and authorities – EIA imposes
measures to the developer.

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Directives
• A Directive is:
– a legal document that sets requirements for the EU member
states to follow,
– binding but not applicable directly, requires adoption.
• EIA Directive:
– Period 1: Dir. 85/337/EEC, amended by 97/11/EC, minor
amendments 2003/35/EC and 2009/31/EC.
Historical interest only.
– Period 2: Dir. 2011/92/EC, amended by 2014/52/EC.
Current applicable law.
• SEA Directive:
– Dir. 2001/42/EC.

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EIA Directive
• EIA Directive applies on projects, falling in two categories:
– Annex I – Projects with major impacts that definitely require EIA.
– Annex II – Projects with potentially significant impacts. Members states decide
whether or not (and at which particular cases) an EIA is required.
• Decision on whether or not an EIA is required is made either by
thresholds or via case-by-case examination. Criteria are set in
Annex III.
• Requires a final decision (license, permit, consent etc.) from a
relevant authority.
• Final decision must precede development consent.
• Final decision must be reasoned, based on the results of a case-
specific procedure (ad hoc, “in the light of each individual case”).

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EIA Directive
• EIA Directive sets specific procedural provisions.
Those closely related to the quality of the
environmental report are the following:
– Developer must prepare an Environmental Impact Assessment Report
(EIA-R) in accordance with the bindingly defined minimum contents.
– Scoping is also provided for, when necessary.
– Developer shall ensure that the environmental impact assessment report is
prepared by competent experts.

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EIA Directive
• EIA Directive sets specific procedural provisions. Those
closely related to the quality of the environmental report are
the following:
– The EIA-R must be consulted with relevant authorities and the public. Preparing
a report suitable for consultation can be seen as a quality assurance tool.
– The decision must be reasoned and based on high-quality environmental
information.
– The EIA-R must be made available on the internet, and the public must be given
early and effective opportunities to participate in the environmental decision-
making procedures. Opinions must be expressed when all options are open.
The public consultation period must not be shorter than 30 days. The
scrutinization of the EIA-R from the public sets the bar high for its quality.

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EIA Report EU Guide
• European Commission has prepared a
guidance document on the preparation of
the EIA report.
• It is available on-line: https://bit.ly/3R6vANL
• It can be useful when preparing or
improving national requirements for the EIA
report.
• Many notions that may be vague or
perceived differently by different groups are
clarified in this guide (e.g. baseline,
alternatives, significance of effects, etc.).
• It includes a special section for the quality
of the EIA report.

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SEA Directive
• SEA Directive applies on plans and programs that :
– are prepared or adopted by an authority at national, regional or local
level, or by a parliamentary procedure, and
– are required by legislative, regulatory or administrative provisions.
• SEA is necessary for the above plans/programs that
also:
– are prepared for agriculture, forestry, fisheries, energy, industry,
transport, waste management, water management,
telecommunications, tourism, town and country planning or land use
and set the framework for future development consent of projects
requiring an EIA, or
– are likely to have significant impacts on protected areas.

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SEA Directive
• On top of the above, member states can determine
additional types of plans/programs (setting the
framework for projects requiring EIA) that will require
SEA.
• Modifications of plans/programs requiring SEA are
subject to screening.
• In both the above cases, SEA is required when the
environmental impacts are expected to be significant.
Specific criteria for thar are set out in an annex of the
Directive.

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SEA Directive
• On top of the above, member states can determine
additional types of plans/programs (setting the framework
for projects requiring EIA) that will require SEA.
• Modifications of plans/programs requiring SEA are subject
to screening.
• In both the above cases, SEA is required when the
environmental impacts are expected to be significant.
Specific criteria for thar are set out in an annex of the
Directive.
• The Directive encourages avoiding duplication and
conducting SEA procedure at the appropriate level of
planning, when the necessary information are in place.

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SEA Directive
• Procedure:
– Environmental report, prepared by the developer.
– Consultation with relevant authorities and the public
concerned.
– Final decision, based on the results of the above steps, prior
to plan/program approval.
• Environmental measures and prerequisites
resulting from SEA procedure must be properly
incorporated in the final plan/program.

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SEA Directive
• Provisions related to the quality of the
environmental report:
– An annex of the Directive sets out general requirements
– Reference is made to reasonably required information, taking
into account current knowledge and methods of assessment,
the contents and level of detail in the plan/program, its stage
in the decision-making process and the extent to which certain
matters are more appropriately assessed at different levels.
– Environmental information obtained at other levels may be
used in the report.

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SEA Directive
• Provisions related to the quality of the environmental report:
– An annex of the Directive sets out general requirements
– Reference is made to reasonably required information, taking into
account current knowledge and methods of assessment, the contents
and level of detail in the plan/program, its stage in the decision-making
process and the extent to which certain matters are more appropriately
assessed at different levels.
– Environmental information obtained at other levels may be used in the
report.
– Scoping is provided for, requiring consultation with relevant authorities
before deciding the scope and level of detail of the information of the
report.

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EIA and SEA in EU
Thank you for your attention.
The floor is open for discussion…

EIA and SEA in EU.pptx

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