Politiche ambientali nella politica di Coesione: le criticità

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1 Politiche ambientali nella politica di Coesione: le criticità Riunione plenaria della Rete nazionale delle Autotirà Ambientali e delle Autorità di Gestione Roma, 25 Novembre 2014

2 Summary 1. Dotazioni finanziare per l'ambiente 2. Applicazione della VAS 3. Condizionalità ex ante 4. Integrazione ambientale

3 1. Financial allocations for environment

4 Allocation to thematic objectives by Fund (EUR), ESF ERDF CF 01. Innovation and R&D 40,0 02. ICT 13,7 03. SMEs support 32,7 04. Low-carbon economy 05. Climate change adaptation 3,6 3,5 7,7 30,1 06. Environment 15,5 17,0 07. Network infrastructure 08. Employment 2,9 25,6 33,5 30,7 09. Social inclusion 11,0 20,9 10. Education 6,2 26,3 11. Good governance 1,1 3, EUR billion at current prices Source: Final and draft partnership agreements as of 1 June 2014

5

6 Allocation by thematic objective (bn EUR) Source: Patnership Agreements - 01/06/ Innvoation & RD ITC 13,7 03 SMEs support 32,7 04 Low carbon economy 37,8 05 Adatptation to climate change 7 06 Environment 32,5 07 Network infrastructure 59,1 08 Employment 09 Social inclusion 10 Education 31,9 33,6 32,5 11 Good governance 4,

7 Allocation by thematic objective (In %) Source: Partnership Agreements - 01/06/ Innvoation & RD 12,3% 02 ITC 4,2% 03 SMEs support 10,1% 04 Low carbon economy 11,6% 05 Adatptation to climate change 2,2% 06 Environment 10,0% 07 Network infrastructure 18,2% 08 Employment 09 Social inclusion 10 Education 10,3% 9,8% 10,0% 11 Good governance 1,3% 0,0% 2,0% 4,0% 6,0% 8,0% 10,0% 12,0% 14,0% 16,0% 18,0% 20,0%

8 2. Application of the SEA Directive to the Operational Programmes

9 Application of the SEA Directive Despite the existence of guidance documents prepared early, several exchanges with MSs and the experience / lessons learnt in , the situation is problematic: SEA is on-going when the OP is submitted to the Commission Information on the SEA process is missing Ex-ante evaluation and SEA have to be completed before the adoption of the OPs. Process of adoption of the OP might be blocked SEA is a legal requirement (cf. Art. 55(4) of the CPR)

10 Application of the SEA Directive A non-technical summary of the environmental report Information on the consultations with the public and the environmental authorities SEA information Measures concerning monitoring Summary of how environmental considerations and the opinions expressed have been taken into account (or draft Art. 9(1))

11 Application of the SEA Directive Compared to , early integration of the SEA evaluator. Worked together with the ex-ante evaluator. Results of the SEA are not always properly taken into account in the final OP (despite several proposal of recommendations for mitigation or monitoring indicators of SEA evaluator). Public participation: generally not very active/interested participation: - No participants or very limited / not a lot of interest / few opinions expressed.

12 Application of the SEA Directive to transnational OPs Specific problems because of the nature of these OPs: prepared by different MS or countries. Main difficulties: Organisation of public and environmental authorities consultation; Not always clear if all the relevant information is made available to the public and EA (documents are not translated in the languages of the countries concerned; only English translations etc.) Need for stronger involvement of SEA experts in the preparation of the OP. An agreement should be reached early between the MA and the MSs participating in the OP, the EA and the evaluators on the process and its organisation of the process.

13 If the SEA is applicable to ETC/ESF OPs, all the requirements of the directive have to be applied! SEA is applicable SEA for the ETC/ESF programmes has to follow the same rules as the other programmes Information on: (i) non-technical summary (ii) consultations (iii) monitoring measures (iv) summary of how environmental considerations &consultations have been taken into account SEA is not applicable Explanations on the reasons for non applying the SEA Directive should be provided Programmes involving only non-infrastructure/immaterial activities like cooperation, networking, training do not require SEA.

14 3. Ex-ante conditionalities

15 COM checks applicability of the EAC EAC applicable EAC not applicable COM can adopt OP/PA COM assesses the fulfilment of EAC EAC is fulfilled COM can adopt OP/PA EAC not fulfilled MS prepares an action plan Action plan contains a description of the: actions to be taken, bodies responsible timetable for implementation. COM assesses significant prejudice No prejudice COM can adopt OP/PA Prejudice Degree of non-fulfilment of the EAC Negative impact on the effective and efficient achievement of the objectives concerned. Adequacy of the proposed action plan to fulfil the EAC. Part or all interim payments are suspended pending the completion of the action plan When AP is completed/ea C fulfilled COM adopts OP + suspension decision Suspension of payment is lifted

16 When deadline for fulfilling the EAC is reached (at the latest 31/12/2016) Action plan is completed EAC is fulfilled MSs report on the fulfilment of the EAC in the 2017 implementation report Action plan is not completed EAC is not fulfilled Part or all interim payments are suspended

17 Ex ante conditionalities related to environment Waste - Thematic EAC (SEA for transport plans) Water Thematic EAC EIA- SEA General EAC

18 EIA-SEA ex-ante conditionality A problematic issue in 3 MSs as a result of general infringement In the meantime, one MS has adopted a new legislation to close implementation gap; and agreements have been found on action plans in the 2 remaining MSs. In case these MSs do not adhere to the agreed action plans, there is a risk of suspension of payment to avoid significant prejudice. The non-fulfilment of this general EAC would affect most of the OPs and thematic objectives. In several PAs, action plans were agreed with regard to criteria on training of EAI-SEA staff and sufficient administrative capacity.

19 Water ex-ante conditionality Two criteria: (i) water pricing policy and (ii) river basin management plan The EAC is not applicable in 10 MSs. Partially fulfilled (i.e. criteria on water pricing is not fulfilled or shortcomings regarding the RBMP) in 16 MSs. Fulfilment is problematic in a limited number of OPs because of missing RBMP.

20 Waste ex ante conditionality Four criteria: (i) implementation report ; (ii) waste management plan ; (iii) waste prevention plan ; (iv) necessary measures to achieve the 2020 targets for re-use and recycling Situation very problematic in 7 MSs (at least 3 criteria are not fulfilled and weak action plans); negotiations of the action plans are on-going. Risk of suspension of payments of the corresponding priority until action plan is implemented.

21 EACs are a new feature of the programming period Commission and MSs are in a learning process On the basis of the experience: not enough information/evidence is provided on the reasons of the fulfilment of the EACs in the selfassessments (delays the negotiations). Action plans should be more precise and explain how the fulfilment of the EAC will be achieved. To avoid difficulties after 31/12/2016, monitoring mechanisms should be envisaged to ensure that EACs will be fulfilled within the agreed timetables

22 4. Environmental integration

23 Environmental integration / sustainable development are required by: Article 8 of the CPR (environmental protection requirements are promoted in the PAs/OPs) Article 55 (ex-ante evaluations shall appraise the adequacy of the planned measures to support sustainable development)

24 In practice, very different situations and still early to draw conclusions (negotiations are still on-going) Valuable efforts are made to propose principles for selection criteria that take into account the impact on environment of the supported projects and to improve their quality. Eco-conditionalities are proposed in many OPs Efforts were made in the ESF OPs to include environmental measures and sustainable development across the OPs (support to training for green jobs, promote training related to low-carbon economy etc.).

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