European Commission

From SEA.unu.edu/wiki

On 27 June 2001, the Commission of the European Communities agreed Directive 2001/42/EC on the assessment of the effects of certain plans and programmes on the environment. The Directive applies to all 25 European Member States; it must be made operational through implementing legislation. Member States were given three years - to 21 July 2004 - to put this legislation in place. About 9 Member States did this on time; by 2006, roughly half of them had done so.

The SEA Directive has many similarities with the UNECE SEA Protocol.

The European Commission website gives further information on the SEA Directive.

SEA Directive requirements

Objectives and screening

• The objectives of the S.E.A Directive is to "provide for a high level of protection of the environment and to contribute to the integration of environmental considerations into the preparation and adoption of plans and programmes with a view to promoting sustainable development" (Article 1).
• SEA is required for plans and programmes that meet certain criteria: they must be prepared for a formal authority; and be required by legislative, regulatory or administrative provisions; and be likely to have a significant effect on the environment; plus several additional requirements (Articles 2 and 3). A flowchart showing these requirements is at p. 13 of the UK guidance on the SEA Directive.
• Policies do not require SEA.
• Plans and programmes that determine the use of small areas at local level and minor modifications to plans and programmes require SEA only if they are likely to have a significant environmental impact (Article 3.3).
• Annex I of the Directive gives information on what is meant by a "significant impact".

Environmental report

For plans and programmes that require SEA, the competent authority (plan-making authority) must prepare an environmental report in which the likely significant effects on the environment of implementing the plan, and reasonable alternatives taking into account the objectives and geographical scope of the plan, are identified, described and evaluated. The information to be given is (Article 5 and Annex I):

a) An outline of the contents, main objectives of the plan, and relationship with other relevant plans and programmes;

b) The relevant aspects of the current state of the environment and the likely evolution thereof without implementation of the plan;

c) The environmental characteristics of areas likely to be significantly affected;

d) Any existing environmental problems which are relevant to the plan including, in particular, those relating to any areas of a particular environmental importance, such as areas designated pursuant to Directives 79/409/EEC and 92/43/EEC;

e) The environmental protection objectives, established at international, Community or national level, which are relevant to the plan and the way those objectives and any environmental considerations have been taken into account during its preparation;

f) The likely significant effects on the environment, including on issues such as biodiversity, population, human health, fauna, flora, soil, water, air, climatic factors, material assets, cultural heritage including architectural and archaeological heritage, landscape and the interrelationship between the above factors. (These effects should include secondary, cumulative, synergistic, short, medium and long-term permanent and temporary, positive and negative effects);

g) The measures envisaged to prevent, reduce and as fully as possible offset any significant adverse effects on the environment of implementing the plan;

h) An outline of the reasons for selecting the alternatives dealt with, and a description of how the assessment was undertaken including any difficulties (such as technical deficiencies or lack of know-how) encountered in compiling the required information;

i) a description of measures envisaged concerning monitoring in accordance with Article 10;

j) a non-technical summary of the information provided under the above headings

The report must include the information that may reasonably be required taking into account current knowledge and methods of assessment, the contents and level of detail in the plan, its stage in the decision-making process and the extent to which certain matters are more appropriately assessed at different levels in that process to avoid duplication of the assessment (Article 5.2)

Consultation

Competent authorites are required to consult with:

• authorities with environmental responsibilities, when deciding on the scope and level of detail of the information which must be included in the environmental report (Article 5.4)
• authorities with environmental responsibilities and the public, to give them an early and effective opportunity within appropriate time frames to express their opinion on the draft plan and the accompanying environmental report before the adoption of the plan (Article 6.1, 6.2)
• other EU Member States, where the implementation of the plan is likely to have significant effects on the environment in these countries (Article 7).

Decision making

The competent authority must take into account the environmental report and the results of consultation in its decisions about the plan or programme. Once the plan or programme is adopted, the competent authority must inform the public and any other consultees, and must make available to them:

• the plan as adopted
• a statement summarising how environmental considerations have been integrated into the plan and how the environmental report of Article 5, the opinions expressed pursuant to Article 6 and the results of consultations entered into pursuant to Article 7 have been taken into account in accordance with Article 8, and the reasons for choosing the plan as adopted, in the light of the other reasonable alternatives dealt with; and
• the measures decided concerning monitoring (Article 9)

Monitoring

Significant environmental effects of implementing the plan or programme must be monitored (Article 10).

History of the Directive

• 1970 : Discussion on carrying out an environmental impact assessment (SEA) to ensure environmental protection and early integration of environmental considerations into decision making.
• 1973 : First environmental action program (EAP) stress on the importance of a comprehensive E.I.A of all plans to prevents environmental damages at source.
• 1989 : Beginning of internal work on a proposal for an SEA. Directive.
• 1992 : Adoption of the Habitat Directive (1992/43/EEC). Environmental assessments needed for plan & projects that are likely to have significant impacts on the area concerned.
• 1993 : Structural funds provide a comprehensive environmental evaluation system in a strategic sense.
• 1993 : The report of the commission on the application and effectiveness of the E.I.A. Directive, in the member States ( COM(93) 28 final-Vol. 3) showed that possible alternative solutions for a project as well as for its site are not taken into account adequately. Therefore we need to take decisions above the project level.
• 1996 : First adoption by the commission of a S.E.A. proposal (COM (96) 511)
• 1999 : Negotiations at Council level. Environment Ministers reach Common Position on text for future Directive.
• 2000: 6 September European Parliament approves directive subject to amendments. 16 October Commission formulates opinion on amendments to the Common Position.
• 2001: 27 June Directive 2001/42/EC agreed.
• 2004: Member States must bring Directive into force by 21 July.

Case Studies

See individual Member States' case studies