Application of the SEA to the programmes

Transcription

1 Application of the SEA to the programmes

2 For programmes screened out (shorter procedure) The environmental assessment procedure Screening Scoping Environmental Report/Study Information and Consultation Decision Information on decision Using screening criteria Scope and level of detail EAs to be consulted The Report (including a non-technical summary) Public, environmental authorities, other MS... Takes account of env. report and consultations End of SEA process Monitoring

3 Is the SEA Directive applicable to all programmes developed under Cohesion Policy? Programmes financed by the European Union fall under the scope of the SEA. Provided that they fulfill certain requirements of the SEA.

4 For which programmes is an SEA required? (a) P&P prepared for agriculture, forestry, fisheries, energy, industry, transport, waste/ water management, telecommunications, tourism, town & country planning or land use AND which set the framework for future development consent of projects listed in the EIA Directive (b) OR that require an assessment under Article 6 or 7 of the Habitats Directive

5 For which programmes is SEA required (2)? Check also whether the programme "sets the framework" for future authorisation of projects set out in EIA Directive (i.e. mainly infrastructure projects). Check whether the ETC/ESF programmes "set the framework" for future authorisation of projects (art. 4(4)) (i.e. other than EIA projects). ESF programmes (training, education programmes for instance) and ETC programmes which will not lead to development of projects. Ex. of education or training programmes which do not involve the development of infrastructures; but if linked with construction of buildings for school/university, SEA is needed.

6 How is it decided that an SEA is not required? Consult the environmental authorities on the need to carry out an SEA. A justification explaining clearly why an SEA is not needed (no future development of projects at all; nature of the activities of the programme (only cooperation/network); future projects not listed in the annexes of the EIA Directive etc..). A statement by the EA confirming that the SEA is not applicable should be prepared.

7 Programme covers areas of art. 3(2) + sets framework for development consent of future EIA projects SEA is needed (annex I criteria) Programme determining use of small areas at local level, minor modifications of programmes, programmes in other areas than art. 3(2), programmes setting framework for development consent of future projects (not listed in EIA) * screening is needed (annex II criteria) Programme does not set the framework for future development consent of projects or does not cover areas of art. 3(2) no SEA + explanatory statement Very likely, not relevant for Cohesion Policy programmes

8 Applying the SEA to Cohesion policy: information to be submitted to the Commission A non-technical summary of the information provided in the environmental report (annex I(j) of the SEA Directive. Information on the consultations with the public and the environmental authorities (article 6). A description of the measures concerning monitoring. A summary of how environmental considerations and the opinions expressed have been taken into account. N.B. the final statement required by Article 9(1) of the SEA Directive is to be issued after the adoption of the programme by the Commission..

9 SEA, Natura 2000, biodiversity and climate change Many programmes are likely to have significant effects on biodiversity and on Natura 2000 network. When it is possible to identify at the programme level, effects on Natura 2000 sites, an Article 6(3) appropriate assessment under the Habitats directive is required. For instance programmes including located infrastructure projects. Article 6(3) assessments may form part of the SEA process. However, the assessments should be reported separately. Commission Guidance on how to take climate change and biodiversity into consideration in the SEA and EIA process will be available soon.

10 SEA for transnational and cross-border programmes In some cases transnational and cross-border programmes do not set the framework for future authorisation of projects. Verify whether SEA is required. When the SEA is applicable to transnational /cross-border programmes Consider whether separate or joint procedures should be carried out, or Whether some of the steps could be carried out jointly (joint environmental report subject to separate consultations..) Separate Article 9(1) statements need to be made available in each MS.

11 Useful sources of information Annex I of the Guidance document on ex ante evaluation explains SEA procedure (DG REGIO website) EIA / SEA Homepage (Guidance on the implementation of the SEA Directive) GRDP Handbook on SEA for Cohesion Policy oreword.pdf