05.01 Strengthen environmental impact assessment

Transcription

1 05.01 Strengthen environmental impact assessment 1. Basic Information 1.1.Desiree Number:PL Title: Strengthen environmental impact assessment 1.3 Sector : Environment Twinning code: PL2000/IB/EN Location: Poland 2. Objectives 2.1.Wider Objective: The wider objective of the project is the approximation of Polish law to the EU legislation related to the assessment of the effects of certain projects, plans, programmes and policies on the environment and strengthening the Polish Ministry of Environment (MoE), regional and local administration in the areas of implementation of the Environmental Impact Assessment (EIA) and Strategic Environmental Assessment (SEA) law in the light of the new administrative reform in Poland Immediate Objectives: In order to achieve this wider objective, the following immediate objectives have been identified:: Draft associated administrative procedures for the EIA and SEA are consistent with the EU s EIA directive and the Proposal for a Directive on the SEA Central, regional and local environmental administration structures are capable of applying the EIA and SEA procedures flexibly and in a result-oriented manner Awareness and knowledge of the EU s EIA and SEA law 2.3. Accession Partnerships and NPAA Priority The proposed project is an institution building programme in line with priorities identified in the National Programme of Preparation for Membership (NPPM) and Accession Partnership for Poland. This project contributes to the following Accession Partnership short-term priorities: Complete translation and enforcement of the Environmental Impact Assessment (EIA) directive ; Strengthen the environmental administration and its enforcement capacity both at national and regional level. Amongst others, the NPPM formulates the following two priorities: number 15 Administrative and Institutional Strengthening necessary for the approximation of the Polish environmental legislation to the community law and number 12 Full adaptation of the Polish Law related to the assessment of the effect of certain public and private projects on the environment. The NPPM foresees special training in the implementation of the EIA regulation on methods of carrying out the environmental impact assessment. The EIA training is addressed to the central, regional and local administration. 3.Description 3.1.Background and justification The present Polish EIA legislation system does not guarantee the sufficient protection of the environment concerning the investment processes. For example in the case of the motorways there is a lack of regulations for public participation in the initial stages of the investment project preparation process. This causes numerous conflicts and because agreement decisions on certain investment projects are left to the discretion of the officers, the present system is neither objective nor efficient. Once adopted the Act of environmental impact assessment and access to environmental information will ensure full alignment with the EIA directive. In particular, it will remedy current divergences between the Polish and the EU schemes relating to the involvement of the public in decision-making procedure. In parallel with the legal alignment, preparations are ongoing with a view to ensuring full application of the requirements of the directive after the entry into force of the Act of environmental impact assessment and access to environmental information. The current Polish EIA system is only partly in compliance with the Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment, as amended by 97/11/EC. Thus, the most necessary changes are connected with the adoption of the Act on environmental impact assessment and access to environmental information, which would align the regulations concerning the environmental impact assessment as well as strategic environmental impact assessments with the EU Strengthen environmental impact assessment / 1

2 standards. The inclusion of strategic environmental impact into the Act represents the second step in the process that started with the EIA legislation. The extension of the EIA system to the planning and programming level will produce a more efficient assessment system. The draft Act on the environmental impact assessment and access to environmental information is under preparation and together with its executive orders will present a major step forward in the transposition of the acqius on environmental impact assessment. The Act was submitted to the Parliament before the end of 1999 and should be adopted by the end of the June The proposed project will follow up the initial work of law preparation and will concentrate on a practical approach in developing concepts and strategies appropriate to the Polish context. It will be developed in close co-operation with the relevant target groups. The active participation of the respective target groups will enhance relevance and acceptance of the project outputs. The participatory approach will, furthermore, enhance the probability that the momentum generated in the environmental administrations and by the Statutory Consultees, NGOs, public and industrial community will be maintained after the project is terminated. The practical results achieved by the project will be disseminated to a broader audience in order to demonstrate the EIA and SEA concepts and methods elaborated as project outputs. 3.2 Linked Activities The actions planned under the Phare 2000 programme have been designed in such a way, so as to take advantage of the experiences and recommendations arrived at during the implementation of a series of projects from previous programmes. : The proposed project links with previous Phare operations: Project PHR EC/EPP/91/21-E4/1 Draft legal provisions on environmental impact assessment harmonised with EC legislation and international legal instruments. PL appraisal of the existing institutional framework for environmental protection and the development of organisational solutions within the context of the administrative reform in Poland. PL Strengthening of the Ministry of Environment for the implementation of environmental legislation and strategies. The technical assistance provided by the twinning partners focuses on strengthening the institutional and administrative capacity of the ministry, investment plans on water and air quality and in the field of waste disposal. PL 9907 Strengthening the Polish public administration including Inspectorates for Environmental Protection in the area of environmental legislation enforcement vis a vis new administrative system of Poland. The project presupposed analysis of competencies of administration at different levels in the area of giving permits, law execution and institutional strengthening through trainings. The proposed project links with the draft Project to assist Poland in the Implementation of the Access to Information Directive, the EIA Directive, and the Aarhus Convention which will be carried out by the DEPA/DANCEE. The total financial input to be provided by DANCE will total approx. 600,000 EURO. 3.3 Results: The proposed project will assist Poland in assuming a practical approach in the EIA and SEA field and: will help to develop corresponding regulations and administrative procedures for central, regional and local level environmental administrations, will help to develop capacities in the central, regional and local environmental administrations to undertake tasks associated with EIA and SEA procedures, will increase the MoE s, regional and local capacities to inform the public and industrial sector about specific environmental topics, including the right to request environmental information; it will result in guidelines on public participation in environmental decision-making procedures; will provide support for development of an operational system for implementing EU EIA requirements, including carrying out of screening and scoping, under Poland s decentralised system of environmental administration; will assist in publishing a handbook for the administration on carrying out EIA procedure, screening, scoping and SEA, will assist in creating guidelines for the public, NGOs, statutory consultees, developers, concerning participation in the EIA and planning procedures, will help to raise awareness and disseminate knowledge among the statutory consultees, developers, industrial community on EU s requirements concerning EIA and SEA law, Strengthen environmental impact assessment / 2

3 will help to raise awareness and disseminate knowledge among the public, NGOs on EU s requirements concerning EIA and SEA law. The individual actions envisaged within the framework of the project will have the following outputs. Action 1 Draft associated administrative procedures for the EIA and SEA are consistent with the EU s EIA directive and the Proposal for a Directive on the SEA : report describing the results of the legal analysis in the SEA field provide the MoE with draft administration procedures, guidelines, handbook, list of statutory consultees clarify the role of the MoE in the light of the role of the regional and local authorities with respect to the EIA and SEA procedures; preparation of an institutional and technical framework for establishing units; identify the needs for information and training for the stakeholders at all levels of the government and self government administration ; provide the Ministry with the information it needs in order to decide, inter alia whether to continue the current scheme requiring a large number of EIAs or to introduce screening as a means of limiting EIA project subjects; assist in gathering background information for developing a system of charges. In accordance with the implementation considerations included in the Guide to the Approximation of the European Union Environmental Legislation, the guidelines and handbooks concerning the EIA and SEA must be established at the national level. They define the type of information to be included in an environmental impact document which is necessary for the assessment and decision-making processes. These documents support the standardisation of procedures and outcomes. They should be adjusted to the particular types of activities e.g. urban development, roads, airports, railways. The guidelines and handbooks will be prepared on the basis of the MS s experience with the implementation of the EIA Directive. Action 2 Central, regional and local environmental administration structures are capable of applying the EIA and SEA procedures flexibly and in a result-oriented manner: A documentation centre within the MoE established to provide up-dated information on the EIA and SEA from other countries; Knowledge on the EIA and SEA systems transferred to the centre, regional and local environmental officials; Operational system for carrying out EIA procedures, screening and scoping worked out on the basis of the guidelines recommended by the EU; establishment of a body of environmental professionals with the expertise and experience to carry out the environmental assessment accurately and objectively; 100 trained officials (so-called trainers ) on the EIA and SEA as well as on the EIA in a transboundary context, 100 educated officials (so-called trainers ) in the field of investment negotiations at the central, regional and local level; 100 educated officers of the regional and local level concerned with the implementation of the Council Directive 337/85/EC which is in conjunction with a number of other legal acts from the acquis and international agreements. 100 trained officials in the field on Application of Legal Instruments, Inspection and Enforcement of EC Environmental Law ; System providing access to the information in the EIA and SEA field established; Comprehensive information systems concerning the EIA and the SEA. Action 3 Awareness and knowledge of the EU S EIA and SEA law: EU documentation on EIA and SEA translated and made available to the public, NGOs, industrial enterprises and to all officials at the central, regional and local level that will be in charge of EIAs and SEAs; Knowledge on: EIA and SEA for particular industrial facilities, the use of environmental impact assessment and environmental audits as environmental management tools, attained through a number of demonstration projects; Increased knowledge and public awareness among the public, NGOs, industry and developers concerning public participation in the EIA and local planning procedures; Strengthen environmental impact assessment / 3

4 Increased knowledge and public awareness among the public, NGOs, industry and developers concerned with appeals against the decision made by the public administration responsible for the EIA; A leaflet for public administration concerning the approximation of the Polish law to the EU legislation in the EIA and SEA field; Guidelines concerning public participation in the EIA and local planning procedures Activities Action 1 Draft associated administrative procedures for the EIA and SEA are consistent with the EU s EIA directive and the Proposal for a Directive on the SEA The legal gaps assessment have not yet been done in the SEA field, but it has been done in the EIA field. Verification of the draft Act on the environmental impact assessment and access to environmental information will allow the MoE to identify the legal gaps in the existing Polish law in the SEA field, and to ensure a successful progress of transposition and implementation of the EU legislation concerning the SEA law which probably will enter into force in the year A very important element of this part of the project is the creation of an institutional and technical framework for establishing units responsible for the exchange and flow of information among the Member States as well as for providing the European Commission with information about actions undertaken to implement the EIA directive, inter alia in order to prepare the report for the European Parliament after accession of Poland to EU. Within this action the following activities are envisaged: Verification of the Act on environmental impact assessment and access to environmental information in the SEA field. The results obtained will be incorporated into a report. The verification is made by: - carrying out a legal and technical analysis of the provisions in the Act on the SEA to determine whether any additional transposing legislation or regulations are needed, - preparing a report on the results of the legal analysis with recommendations if additional transposing or implementing measures are needed; - drafting of the regulations needed to complete transposition of EU requirements with respect to the SEA and to ensure practical operation of some requirements in Poland, e.g. technical regulations on screening and scoping procedures; Identification of the scope and need for regulations to promote and manage the SEA systems based on legislative and administrative requirements; Outline the regulations and reach a consensus on their relevance and appropriateness with the involved environmental authorities; Preparation of an institutional and technical framework for establishing units at the central, regional and local level as a result of co-operation with administration at regional and local level; Carrying out of an institutional framework for the co-operation between the competent body in Poland and the EU, Member Countries and other countries in the EIA field; Developing administrative procedures to assist the environmental authorities in promoting and managing EIA and SEA system as a result of co-operation with administration at regional and local level; Development of guidelines for the EIA and SEA procedures. The guidelines should be linked to the recommended guidelines set by the EU and to the present activity and experience in Poland e.g. the ISPA and SAPARD programmes; Preparation of the handbooks (EIA, SEA) for officials at central, regional and local level on how to carry out screening and scoping. The handbook should be linked to the recommended documents set by the EU, and experience of the some MS in this field; Preparing and developing the implementation of 85/337/EEC directive with respect to the institutional strengthening for the EU requirements within the EIA field by preparing a list of statutory consultees for carrying out the environmental assessment for the administration; Consulting the handbooks, a list of statutory consultees and guidelines with other government institutions concerned and with the groups affected by the regulation (e.g. public, investors, industries, NGOs). Action 2 Central, regional and local environmental administration structures are capable of applying the EIA and SEA procedures flexibly and in a result-oriented manner Action 2 will be addressed to the units responsible for carrying out the environmental impact assessment in the following institutions: the voivodships and powiats, Strengthen environmental impact assessment / 4

5 the MoE, the Ministry of Economy, the Ministry of Agriculture and Rural Development, the Ministry of Internal Affairs and Administration, the Ministry of Transport and Maritime Economy, the Ministry of Health, the National Fund for Environment Protection and Water Management, Inspectorates for Environmental Protection, Sanitary Inspections and the Office for Housing and Urban Development. Within this action the following activities will be carry out: an analysis of the organisation of the administrative structures at the central, regional and local level with regard to the requirements in the EIA and SEA fields by specifying the number of officers needed to fulfil the EIA and SEA procedures in the realms of identifying the balance between the size and type of the project and the time taken in completing the project. disseminating information that will assist the environmental administrations in playing their intended role i.e. co-ordination and interaction between the public and industry; Assistance in establishing a documentation centre in the MoE which will be responsible for collecting and dissemination of information to the environmental administrations, public, NGOs and industry; organising seminars and workshops on the EIA and SEA fields for the officials; preparing a training programme for the national, regional and local environmental officers who are to be trained in technical and administrative matters related EIA and SEA systems organising a training programme for the training of trainers on the EIA and SEA defining information needs and create efficient information and data transmissions system between the government offices at national, regional and local levels concerning the EIA and SEA law ; installation or modification of computer systems for handling applications and improving communications; establishing a computer system for making the environmental information held by public authorities available to the public; purchasing of software and hardware for units in all voivodships and for about 20 % of powiats directly responsible for carrying out the environmental impact assessment Action (3) Awareness and knowledge of the EU S EIA and SEA law Action 3 is addressed to: the officials at the central, regional and local levels who have responsibilities related to the EIA and SEA at the following institutions: the voivodships and powiats, the MoE, the Ministry of Economy, the Ministry of Agriculture and Rural Development, the Ministry of Internal Affairs and Administration, the Ministry of Transport and Maritime Economy, the Ministry of Health, National Fund for Environment Protection and Water Management, Inspectorates for Environmental Protection, Sanitary Inspections and Office for Housing and Urban Development statutory consultees the public, NGOs, developers and industry sector; Within this action the following activities are envisaged: assessment of training needs at stages the EIA and SEA implementation; preparation of a training programme for the regional and local authorities and the institutions responsible for the implementation of the EIA law; conducting information sessions on the EIA and SEA and highlighting the intended roles and functions of the environmental officials Preparation of framework terms for public administration Preparation of a handbook on the EIA and SEA for NGOs, developers and industry sector Printing and distributing the documents (booklets, guidelines, etc.). Justification for Actions 2 and 3: In accordance with the Handbook of the Implementation of EC Environmental Legislation the competent authorities should set up a review and an advisory panel to evaluate EIAs. This would help to standardise the evaluation of the environmental impact reports and provide technical expertise to Members of the panel. The members will be recruited from the competent authorities and there will also be independent external experts. Alternatively, financial provision can be made to have the EIAs reviewed externally, by accredited companies or institutions. The range of technical skills required for preparing and reviewing the EIAs is diverse, and can include specialists in: visual and landscape assessment, noise and vibration, air quality, contaminated land and Strengthen environmental impact assessment / 5

6 waste disposal, water resources and hydrology, ecology, traffic impact assessment, archaeology and socio-economics. This can potentially pose problems for developers in ensuring that the EIA achieve appropriate standards, and for the competent authorities who have to evaluate the EIA presented by the developer. In accordance with Council Directive 85/337/EEC the developers and investors can seek advice on the scope and content of the EIA from the competent authorities which should ensure that their staff are sufficiently trained in the EIA process to advise developers. In order to help the public administration responsible for the environmental protection, the consultees will conduct a number of actions including a thorough administrative analysis of current developments and recommendations on ways of alleviating existing problems and increasing the effectiveness of the administration proceedings. The EIA directive requires to determine the detailed arrangements for carrying out the public participation. The MoE will require assistance in defining what types of arrangements might be adequate and appropriate for each EIA procedure, to ensure that the public participation takes place at a meaningful level. Twinning The activities envisaged under actions 1, 2, 3 will be implemented within the framework of one twinning, which should presuppose: 15 months of twinning support and assistance to Ministry of Environment; 15 months of training and advisory assistance to Ministry of Environment by the Pre-Accession Adviser; about 420 man-days of short term training expert inputs for the project recipients. The staff selected to represent the twinning partner of the MS must have the appropriate and relevant skills as well as knowledge in order to be able to carry out the tasks of the proposed projects. Pre-Accession Adviser The subject of the Actions 1, 2, 3 should be undertaken by one long-term expert who should provide technical assistance for a period of fifteen months (from the beginning of January 2001 till the end of March 2002). The PAA should be of medium-ranking official or top specialist who should have a considerable knowledge of the three following fields: EIA and SEA, giving permits and physical planning. The main functions and tasks of the PAA would be as follows: Day- to-day participation in activities of the Ministry related to EIA and SEA; Assistance in defining and preparation of action plans and programmes (e.g. implementation programmes) which meet the requirements of the EIA directive and agreements, and particularly of conventions to which the EU is a party; Practical assistance in the implementation and the application of the EIA legislation; Analysis of the status of the public administration for the perspective of fulfilling the EIA directive leading to the improvement of the public administration efficacy or the establishment of a required authority; Identification of the needs for an institutional strengthening through technical investments, provision of hands-on assistance to the MoE on setting up and developing regional and local capacities for carrying out screening and scoping procedures; Assistance in establishing co-operation with the relevant units in the European Commission, other EU agencies, institutions in the area of the EIA directive; Performing other tasks that may be required in order to achieve the results of the proposed project. Short/Medium Term EU Experts The specific tasks formulated in the Actions 1, 2, 3 will be carried out by public officials or assimilated staff with experience in the field of the EIA and SEA and specialist knowledge. They will work on project components within the twinning arrangement. Short term experts should possess experience and knowledge supplementary to the PAA s competence both as a team and as individuals. The Project Leader The Project Leader should be a high-ranking official. He should be able to ensure the support of the short term experts when needed and when implementing the project. Separate contract: Provision of equipment for computers and database Strengthen environmental impact assessment / 6

7 According to the EIA Directive every Member State is obliged to collect data concerning EIA reports and procedures which should be made available to the general public. It follows that all units responsible for conducting EIA on gmina, powiat and voivodship levels should establish database for the information of the EIA procedures. Simultaneously, the database, which will be established within proposed project will initiate the system of the efficient information flow between the government units at the central, regional and local level that will be in charge of EIAs and SEAs. The database will be established for the recording of: applications, screenings, scopings, decisions and meetings with the public (etc.), as well as for the co-operation between the Polish competent body and other countries with reference to the projects which are in the transboundary impacts and development of the information system required for the efficient flow of information between the regional and central administration in the area of the EIA and SEA. Within the framework of the project software and hardware will be purchased for units in all voivodships and for about 20 % of powiats directly responsible for carrying out the environmental impact assessment. The project will initiate the process of establishing database systems. This process will have to be continued from the Polish central and local budgets. 4. Institutional Framework In the proposed project the main stakeholders are: Central Government in particular the MoE, etc.; Regional and local governments in particular Regional Environmental Departments, County Sanitary Division and Municipality Environmental Division; Environmental NGOs; Industrial associations. The Polish beneficiaries of the project are: The Ministry of Environment (Department of the Environmental Protection and Bureau of Education and Public Relations), The Ministry of Economy, the Ministry of Agriculture and Rural Development, the Ministry of Internal Affairs and Administration, the Ministry of Transport and Maritime Economy, the Ministry of Health and Office for Housing and Urban Development, Regional and Local Administrations, Public, NGOs, Investors and Developers, Inspectorates for Environmental Protection, Regional and County Sanitary Inspections. The Ministry of Environment will become owner of the hardware and software. 5. Detailed Budget (EURO): Investment (I) PHARE SUPPORT Institution Building (IB) Total PHARE (I+IB) National Cofinancing TOTAL I Twinning 1,600,000 1,600, ,000 1,780,000 PAA 160, ,000 50, ,000 Experts (short and medium term) 890, ,000 30, ,000 Seminars, training, workshops 250, ,000 60, ,000 Technical expertise 200, ,000 10, ,000 Guidelines, booklets, handbooks 50,000 50,000 10,000 60,000 Project assistant 50,000 50,000 20,000 70,000 II Computers and database 400, ,000 40, ,000 TOTAL 400,000 1,600,000 2,000, ,000 2,220,000 The Polish authorities have assured that the Government cofinancing is available either through the reserve budget foreseen specifically by the Ministry of Finance for this purpose each year, or directly through the budget of the relevant Ministry Strengthen environmental impact assessment / 7

8 6. Implementation Arrangements 6.1 Implementing Agency PAO: P. Samecki, Undersecretary of State at the Office of the Committee for European Integration Al. Ujazdowskie 9, Warsaw. Tel.: , , FAX: , CFCU: Foundation Cooperation Fund, 6/12 Nowy Swiat St., Warsaw. The CFCU is responsible for handling tendering, contracting and payments of contracts on behalf of the Ministry of Environment which itself shall be responsible for preparing projects and managing their technical implementation. 6.2 Twinning One twinning covenant is foreseen within the framework of the project. The Polish Ministry of Environment will co-operate with one or two twinning partners from Member States. The twinning partner from the Polish side will be the Ministry of Environment. Within the MoE, the units most directly involved in implementing the EIA and SEA requirements are the Department of the Environmental Protection, and Bureau of Education and Public Relations. Contact person: Ms Grazyna Hajiraftis, Department of the Environmental Protection of the Ministry of Environment. Address: Warsaw, Wawelska 52/54, Phare (+48 22) ext.736, Fax (+48 22) , 6.3 Non-standard aspects DIS Manual will be strictly followed in tendering and contracting procedures for purchase of computers and establishment of a database. Any non-standard contract/tender procedures are not foreseen. 6.4 Contracts: One twinning covenant is envisaged - value: 1,600,000 EUR Other contract: purchase of computers and establishment of a database value: 400,000 EUR. 7. Implementation Schedule: Selection of twinning partners October 2000 Start of tendering: January 2001 Start of project activities: First quarter 2001 Project completion: Second quarter Equal opportunities: The dimension of gender equality will be integrated into all levels of the project objectives. 9. Environment: n.a. 10. Rates of return: n.a. 11. Investment criteria: n.a. 12. Conditionality and sequencing: Milestones Adoption of the Act of Environmental Impact Assessment and access to environmental information - by the end of 2000 Preparation of the draft handbook (EIA, SEA) and draft guidelines for EIA and SEA procedures - by the end of May 2001 Analysis of human resources on all levels of public administration units directly responsible for EIA and SEA by the end of October 2001 (July 2001 October 2001) Preparation of the handbook and guidelines for EIA and SEA procedures - by the end August Trainers trained - by the end of June 2002 ( November 2001 June 2002) Dissemination of information on EU law including the legislation of EIA and SEA to selected public administration bodies government and self government by the end of April (October 2001 April 2002) Awareness raising among the public, statutory consultees and developers concerning EIA and SEA- by the end of April 2002 (March 2002 April 2002) Purchase and installation of software and hardware for selected units in voivodships, powiats responsible for EIA and SEA - by the end of May 2002 Strengthening of the Polish administration system in EIA and SEA by the end of June Strengthen environmental impact assessment / 8

9 ANNEX 1 - Logframe Date of April 2000 drafting Plannin g period Programme Number: PHARE 2000 / Project No: Total Phare Budget 2 MEURO Wider Objectives Indicators of Achievement Source of Information Assumption and Risks - the approximation of Polish law to the EU legislation related to the assessment of the effects of certain projects, plans, programmes and policies on the environment and strengthening the Polish Ministry of Environment (MoE), regional and local administration in the areas of implementation of the EIA and Strategic Environmental Assessment (SEA) law in the light of the new administrative reform in Poland.. - Increased awareness and knowledge among the public administration, public, NGOs, developers, and statutory cosultees of the EU s EIA and SEA law - Progress in building of institutions and organisations responsible for EIA procedures measured e.g. # of persons trained, more efficient co-ordination, - Central and regional government documents concerning EIA and SEA - Studies and analyses - Reports on adopted legislation - Training programme for the regional and local authorities and the institutions responsible for the implementation of the EIA law, - Accession to the European Union remains one of the priorities of the Polish policy. - Adoption the new law in the EIA field - Environmental policy maintained as one of key focuses of Government actions - Availability of the Polish Budget Immediate Objectives Indicators of Achievement Source of Information Assumption and Risks 1. Draft associated administrative procedures for the EIA and SEA are consistent with EU s EIA directive and Proposal for a Directive on the SEA 2. Central, regional and local environmental administration structures are capable of applying the EIA and SEA procedures flexibly and in a resultoriented manner 3. Awareness and knowledge of EU s EIA and SEA law - Efficient flow of information measured e.g. through relevant publications number and volume, internet exchange, data bases creation, user assessment etc. - Introduction of the institutional and procedural changes in the line with requirements of EU directives at the regional and local levels. - Coverage of regions and county level by trained staff and professionals from regional and local environment sector institutions - Regional and local level preparedness to use facilities made available under project - Progress reports on implementation of programmes - Law in force - Training programme for the regional and local authorities and the statues of institutions responsible for the implementation of the EIA law, - NPPM and others documentation - Plans formulated in the regions and locally up to standard of the EU directives requirements - Environmental protection remains the governmental highest priority. - Proper co-operation with local authorities. - Availability of the regional and local budget - Proper co-operation between central offices - Reliable access to information. Indicators of Achievement Source of Information Assumption and Risks Strengthen environmental impact assessment / 9

10 Organisational links identified and established Adequate number of the personnel trained Relevant information system conceptualised and designed Handbooks, guidelines Reports Training programme Strengthen environmental impact assessment / 10 Implementation programmes Reports on progress of implementation of environmental acquis Reports on training Sources of financing available Local authorities policy environmentally oriented Adequate management and staff resources available Results of Project report describing the results of the legal analysis in the SEA field provide the MoE with draft administration procedures, guidelines, handbook, list of statutory consultees clarify the role of the MoE in the light of the role of the regional and local authorities with respect to the EIA and SEA procedures; preparation of an institutional and technical framework for establishing units; identify the needs for information and training for the stakeholders at all levels of the government and self government administration provide the Ministry with the information it needs in order to decide, inter alia whether to continue the current scheme requiring a large number of EIAs or to introduce screening as a means of limiting EIA project subjects; assist in gathering background information for developing a system of charges. A documentation centre within the MoE established to provide up-dated information on the EIA and SEA from other countries; Knowledge on the EIA and SEA systems transferred to the centre, regional and local environmental officials; Operational system for carrying out EIA procedures, screening and scoping worked out on the basis of the guidelines recommended by the EU; establishment of a body of environmental professionals with the expertise and experience to carry out the environmental assessment accurately and objectively; 100 trained officials (so-called trainers ) on the EIA and SEA as well as on the EIA in a transboundary context, 100 educated officials (so-called trainers ) in the field of investment negotiations at the central, regional and local level; 100 educated officers of the regional and local level concerned with the implementation of the Council Directive 337/85/EC which is in conjunction with a number of other legal acts from the acquis and international agreements. 100 trained officials in the field on Application of Legal Instruments, Inspection and Enforcement of EC Environmental Law ; System providing access to the information in the EIA and SEA field established; System providing access to the information in the EIA and SEA field established; Comprehensive information systems concerning the EIA and the SEA. EU documentation on EIA and SEA translated and made available to the public, NGOs, industrial enterprises and to all officials at the central, regional and local level that will be in charge of EIAs and SEAs; Knowledge on: EIA and SEA for particular industrial facilities, the use of environmental impact assessment and environmental audits as environmental management tools, attained through a number of demonstration projects; Increased knowledge and public awareness among the public, NGOs, industry and developers concerning public participation in the EIA and local planning procedures; Increased knowledge and public awareness among the public, NGOs, industry and developers concerned with appeals against the decision made by the public administration responsible for the EIA; A leaflet for public administration concerning the approximation of the Polish law to the EU legislation in the EIA and SEA field; Guidelines concerning public participation in the EIA and local planning procedures. Inputs PAA, long- term and short-term Studies and expertise Training Seminars, workshops Computers and computer programmes (database) Outputs

11 Annex 2-3 Implementation, contracting and disbursement schedules Projects Cost Estimate PLANNED I II III IV V VI VII VII Jul 00 Oct 00 Jan01- Apr 01 Jul 01 Oct 01 - Jan 02 Apr 02- Sep 00 Dec 00 Mar01 Jun 01 Sep 01 Dec 01 Marc02 Jun 02 Implementation schedule DDD DDD CCC I I C I I I I I I I I I I I I Budget Allocation Contracting schedule Disbursement schedule MEUR Strengthen environmental impact assessment / 11