PRESENT EUROPEAN COMMISSION DIRECTORATE-GENERAL ENVIRONMENT Directorate D Implementation, Governance& Semestar ENV.D.1 - Enforcement, Cohesion Policy & European Semester, Cluster 1 MEETING OF THE COMMISSION GROUP OF EIA/SEA NATIONAL EXPERTS 5-6 SEPTEMBER 2013 CITY CENTRE, HOTEL NOVOTEL VILNIUS, LITHUANIA Minutes National experts: Austria, Belgium, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Hungary, Ireland, Latvia, Lithuania, Malta, Netherlands, Poland, Portugal, Slovenia, Slovakia, Spain, Sweden, United Kingdom, Croatia, Iceland, Norway. European Commission (COM): Georges Kremlis, Stephanos Ampatzis, Slavitza Dobreva (DG.ENV.D1). BACKGROUND The meeting was one of the regular series to exchange information organised every 6 months by the EU Presidency, involving national EIA and SEA Experts. The meeting was hosted by the Lithuanian Presidency in Vilnius. The meeting covered a wide range of items following the agenda (See Annex 1). The items had been selected by the COM and approved beforehand by the Experts' Group. Relevant documents for the meeting were sent by e-mail on 25/07/2013. AGENDA ITEMS AND CONCLUSIONS 1, 2 and 3: ACCREDITATION, OPENING AND APPROVAL OF THE AGENDA AND PREVIOUS MINUTES The meeting was chaired by Mr Georges Kremlis (Head of Unit, ENV.D1). The participants were welcomed by the Lithuanian Presidency. The draft minutes from the previous meeting in Dublin (including the amendments proposed for points 5F, shale gas and 7D, Khelminski NPP) were approved. The agenda for the current meeting was approved with some additional issues (see point 7). 4. THE ESPOO CONVENTION AND THE SEA PROTOCOL A. Ratifications (Espoo Amendments and SEA Protocol): state of play No new ratifications since last Meeting in Dublin (i.e. the latest development: Switzerland became 21st Party to the second amendment to the Convention on 15 March 2013). B. Preparation of recommendations on Public Participation under the Espoo and Aarhus Conventions The COM stressed the need for a WPEI meeting to be held in 2014, to prepare the forthcoming MoP. The COM will contact the Greek Presidency in this regard. SE informed the Group that the workshop on nuclear issues will be organised by SE, AT; FI in November. Comments were expected by 20/09 (see message of the SG of Espoo). A decision paper will be prepared for the forthcoming MoP. The link to the revised EIA proposal (i.e. disaster risks) was also mentioned. 1
5. UPDATE ON THE REVISION OF THE EIA DIRECTIVE The LT Presidency recalled the calendar of WPE meetings (11/09 and 30/09 confirmed, plus 2 WPE meetings in October). The 4-column document will be possibly circulate on 30/09, depending on the progress made by the EP. The COM recalled the 2 objectives of its proposal (i.e. enhance the quality of the EA process and streamline it). The COM expressed its satisfaction with the progress achieved by the LT Presidency. The EP is expected to adopt its position on 12/09 (Plenary). 6. IMPLEMENTATION OF THE EIA/SEA DIRECTIVES A. Energy Projects of Common Interest (PCIs) The COM presented the recommendations of the Guidance document Streamlining environmental assessment procedures for energy infrastructure Projects of Common Interest (PCIs) (http://ec.europa.eu/environment/eia/home.htm). In addition, a practical example was presented (Lithuanian LNG project). Main questions raised by experts and respective answers: - Q: How and when can the risk assessment take place? A: At the stage of the SEA/feasibility study and at the EIA stage (in more quantitative terms). - Q: How could EIA and Seveso Directives be linked despite their differences? A: Coordinated procedures may avoid duplication of assessments; the level of detail is different, depending on the stage of the process - Q: Role of SEA vis-à-vis nature protection? A: The location of the project was identified early on. B. Update of the Guidance document on the interpretation of definitions of certain project categories of Annexes I and II of the EIA Directive Nine MSs (AT, BE, DK, ES, FR, IE, PL, SL, UK and JASPERS) will participate at the working group. The COM and experts presented their views concerning the project categories to be reviewed. Based on the above, the following project categories were identified: Annex I: 3.b.v, 5, 6, 7.b, 8.b, 9, 12, 14, 18, 19, 20, 21, 24. Annex II: 1, 2 (except c), 3 (a, b, c, e, h, i), 5.e, 6.c, 10 (a, b, c, d, e, g, h, j, m), 11 (b, d, g), 12, 13. In addition, the Guidance could have to be amended to include changes resulting from the EC case-law and reflecting the updated or new BREF documents. Comments are expected from experts by 7/10. The COM stressed the need to include examples of thresholds and criteria used as regards any II projects. The meeting will be held in November close to a WPE meeting. Two project categories were discussed: - Housing development (II.10.b): some experts consider that such projects are adequately assessed in the framework of SEAs prepared for town/urban planning; hence, there is unnecessary duplication with the EIA. The above should be acknowledged in the Guidance. - Golf courses: these projects could be considered as part of 'theme parks. In some MS, EIA is always required (CY, HR, MT), or above specific thresholds/criteria (e.g. 9 holes in BE; 10 ha in AT; 18 holes or 45 ha in PT); a screening is carried out in SK for projects above 5.000/10.000 m², depending on whether it's a built up area or not. C. EIA/SEA Directives and the new programming period 2014-2020 JASPERS presented its work on this issue, i.e; the Guidelines prepared on specific items. The workshop will take place mid-october (15-16/10) where the results of studies will be presented. All information is available on www.jaspersnetwork.org. 2
Some experts asked questions on the need to carry out SEAs for plans foreseen under the new rules of Cohesion policy (e.g. integrated territorial investment plans) and on how SEAs can be articulated (e.g. Ops and Master Plan for transport). The COM asked to receive such questions I writing in order to provide guidance. On the current period, the COM recalled the guidance provided on the modification of OPs and the need for screenings/full SEAs (http://www.interacteu.net/downloads/4908/commission_letter_the_implementation_of_the_sea_directive_12_2011.pdf ). D. Application of the EIA to unconventional/shale gas The COM provided an update of the steps in relation to the initiative included in the Work Programme of 2013 on the Framework to enable safe and secure unconventional Hydrocarbon extraction. In Poland, the threshold for deep drillings is now 5.000 m (from 1.000 m). The COM recalled that the EP is likely to propose an amendment aiming to include shale gas projects (including exploration ones) in Annex I of the EIA. 7. LEGAL IMPLEMENTATION OF THE EIA/SEA DIRECTIVES A. Information and statistics on infringement EIA/SEA cases The COM presented the latest information on statistics concerning the EIA/SEA infringement cases. B. ECJ judgments AG Opinions The COM informed the Group of the latest ECJ judgments related to EIA/SEA issues (cases C-463/11 and C-72/12). 8. ANY OTHER ISSUES MEMBER STATES' PROPOSALS HR informed the Group of a Conference on environmental assessments (EIA, SEA, Nature, ) to take place in Zadar on 18-21/09/2013. SE reported on the progress made regarding the proposal on Marine Spatial Planning Directive and stressed the subsidiarity concerns raised 8. NEXT MEETINGS EL Presidency has not confirmed any dates for the next meeting of the Group. 3
Annex 1 EUROPEAN COMMISSION DIRECTORATE-GENERAL ENVIRONMENT Directorate D Implementation, Governance & Semester ENV.D.1 Enforcement, Cohesion Policy & European Semester, Cluster 1 MEETING OF THE COMMISSION GROUP OF EIA/SEA NATIONAL EXPERTS 5-6 SEPTEMBER 2013 CITY CENTRE, HOTEL NOVOTEL VILNIUS, LITHUANIA 5 September 2013 (Thursday) Agenda 09:00 09:30 09:30 10:00 1. Accreditation 2. Opening of the meeting 3. Approval of minutes from the previous meeting (Dublin, 18-19/4/2013) 10:00 11:15 4. The Espoo Convention and the SEA Protocol A. Ratifications (Espoo Amendments and SEA Protocol): state of play B. Preparation of recommendations on Public Participation under the Espoo and Aarhus Conventions 11:15 11:30 Coffee break 11:30 13:00 5. Update on EIA Directive revision 6. Implementation of the EIA/SEA Directives A. Energy Projects of Common Interest (PCIs) Guidance for Streamlining Environmental Assessments for Energy PCIs Practical experience applying requirements of the new TEN-E Regulation: Permitting plan of Lithuanian LNG project, M. Mažeikis, Quality Manager, LNG Department, Klaipėdos nafta 13:00 14:00 Lunch 14:00 15:30 6. Implementation of the EIA/SEA Directives B. Update of the Guidance document on the interpretation of definitions of certain project categories of Annexes I and II of the EIA Directive 15:30 16:00 Coffee break 16:00 17:00 6. Implementation of the EIA/SEA Directives B. Update of the Guidance document on the interpretation of definitions of certain project categories of Annexes I and II of the EIA Directive 4
17:00 20:00 22:00 Trip and excursion to Trakai Dinner Coming back to Vilnius 6 September 2013 (Friday) Chair: Georges KREMLIS, Head of Unit, DG ENV D.1 09:30 11:00 6. Implementation of the EIA/SEA Directives C. EIA/SEA Directives and the new programming period 2014-2020 Following short presentation from JASPERS, discussion on: Ex ante conditionalities Preparation of Operational Programmes and SEA D. Application of the EIA to unconventional/shale gas 11:15 11:30 Coffee break 11:30 12:30 7. Legal Implementation of the EIA/SEA Directives A. Information and statistics on infringement EIA/SEA cases B. ECJ judgments AG Opinions 12:30 13:00 8. Any other business Member States' proposals 13:00 13:30 9. Next meetings: xxx 10. Conclusions 13:30 15:00 15:00 Lunch Excursion to Vilnius old town 5