Netherlands
From SEA.unu.edu/wiki
SEA system of The Netherlands
Author: Naushad Tahsildar,
Oxford Brookes University, March 2007- Updated on 6th Sep 2007).
Mail id:naushadtahsildar@gmail.com
1. Historical background
The Netherlands has quite an innovative and sophisticated environmental policy which can be explained by its long history of environmental planning (ICON, 2001) where environment is integrated into decision-making through the EIA Decree (1994) in the Environmental Management Act and the various National Environmental Policy Plans. The EIA Decree has established itself to be a strong environmental tool for the Dutch even in present conditions. Within its context, new tools for implementation have been formed like the E-Test and Strategic EIA, widely known as Strategic Environmental Assessment (SEA). In September 2006, the new legislation for SEA has become effective according to the European Directive 2001/42/EC
In historical context, the use and implementation of SEA in the Netherlands goes back to the formative stage of SEA, wherein under the EIA Decree there has been an obligation to carry out an EIA for a number of spatial, sectoral plans and programmes. These included national plans on waste management, electricity production, land development and drinking water supply, regional plans on waste management and the location of new housing and industrial areas. Traditionally, these plans were developed in open, structured processes, including public participation and consultations with (environmental) agencies. For examples see web link to SEA database.
2. SEA systems in Netherlands
Currently, the Netherlands has two tools: the E-Test (Environmental Test) and EIA for Plan-level. In this text it is referred to as SEA. SEA is a legal requirement. Both tools follow the same principles, are implemented separately and are independent of each other (refer Table 1. E-Test and SEA comparison principles).
Whereas the E-text is mainly based on a checklist, the SEA makes greater use of scenarios development and other planning techniques.
Both E-Test and the SEA are applied at different levels. In brief,
• E-Test is a qualitative, minimum steps appraisal, to assess the potential environmental effects of draft legislations and regulations.(Section 4 elaborates E-Test in detail)
The environmental test (E-Test) was introduced in 1994 and was designed to assess the environmental impacts of legislation and regulations. Based on an administrative order the E-test is jointly carried out by the Ministry of Economy and Ministry of Environment. The E-Test applies to new legislation and has questions in the following environmental sectors: energy, transport, land-use, raw materials, atmosphere, water, soil and surface emissions..
• SEA is carried out for specified plans and programmes. These include sectoral and spatial plans e.g. National plans for waste, electricity, water supply, regional plans, new housing locations, industrial areas, etc. (Section 5 elaborates SEA in detail)
The Strategic EIA for specified plans and programmes follows a mandatory process, including examination of alternatives, public involvement in the scoping and review phases and review of the quality of the information by the independent Commission for Environmental Assessment (NCEA).
To cite the example of the Dutch system, the procedural differences between the E-Test and SEA and at what levels they are applied, one can get an idea from the Dutch waste management planning process (Figure 1).
Fig.1. Example of Waste management planning process.
Source: Verheem,1998, illustrations by Author
The planning process covers the national, regional and local level. Integrated in this planning process is a tiered system of receptively the E-test, national/provincial/regional SEA and EIA at project level (since September 2006 called: EIA at Decision-level). Unnecessary work and repeating discussions are avoided because each of these assessments focuses on different issues (Verheem, 1998).
3. Institutional arrangements in the Netherlands
Government in the Netherlands has three levels of administration: Central Government, Provinces and Municipalities. The provinces and the municipalities are regional and local democracies and have their own legislative and administrative powers, although they are strongly dependent on the scope given to them by the legislative central government to ensure that the unity of the state is not disturbed by the decentralised system (McLauchlan and Joao, 2005). The NCEA (Netherlands Commission for Environmental Assessment) is an independent expert committee and involved in all EIAs and a number of SEAs, checking compliance with legislative requirements for EIA/SEA and the quality of information provided. It is a private foundation having its own budget funded through government subsidies (NCEA, 2007). The NCEA has two distinct departments, one national and one international. However, the departments have a close working relationship. The NCEA advises decision makers (government ministers and provincial and municipal councils) on the environmental aspects of plans and projects (McLauchlan and Joao, 2005) at review stage and to a certain extent on Terms of Reference for EIA and Strategic EIA and on process aspects.
Table 1. E-Test and SEIA comparison procedures
Source: Verheem and Tonk, 2000, SEA: one concept, multiple forms, IAPA 18 (3)
4. E- Test
Established in 1994, the Environmental Test popularly known as the E-Test is one of the four instruments that are used in the Netherlands to assess the potential effects of draft laws and regulations. It was part of the wider Cabinet project to improve the quality of legislation and regulation and reduce their administrative and financial burden. Specific aim of the E-Test is to integrate environmental considerations in introduction of bills, general administrative orders, ministerial decrees and orders (Dalal-Clayton, B. and B. Sadler, 2005). The E-Test is a qualitative appraisal and only applies to ‘draft regulations that have substantial consequences for the environment’.
Between 1996-2001 the minimum procedural requirements for implementation of the E-Test was followed in 3 stages; • Screening and scoping • Impact analysis & documentation • Review & submission.
However a new E-Test procedure was approved and since 1 March 2003 the E-Test is implemented in two main phases (Dalal-Clayton, B. and B. Sadler, 2005).
Phase 1 is the ‘Quick Scan’ of proposed legislation: (Refer Fig 2) Used by the responsible ministry to substantiate the need for draft legislation, to identify potential significant effects and propose the tests to be carried out.
Fig 2. Source: (McLauchlan and Joao, 2005). illustrations by Author
Phase 2 is the appraisal of significant impacts or the ‘Impact Analysis’.(Refer fig 3) Carried out in accordance with a written agreement on the information to be included in the explanatory memorandum, which is reviewed by the proposed Legislation Desk and Ministry of Justice and directed for comment to the Ministry of Environment.
Fig 2. Source: (McLauchlan and Joao, 2005). illustrations by Author
=====3The E-test is applied in conjunction with business effect tests (BET) and feasibility-compliance test (FCT). The cost benefit analysis (CBA) is undertaken when the side effects have been established.=====
Issues of E-Test:
The five year review of E-Test carried out in 2001 had indicated that the E-Test had a negligible effect on decision making. The main conclusion was that the E-Test procedure resulted in the preparation of environmental information that had little or no substantive influence on legislation or its adoption (Dalal-Clayton, B. and B. Sadler, 2005). This issue pointed out towards combining various policy tests into sustainability appraisal within the framework of the National Strategy for Sustainable Development and with due regard to the Dutch transposition of Directive 2001/41/EC (Dalal-Clayton, B. and B. Sadler, 2005). The introduction of the new E-Test procedures had been to strengthen its influence on legislation, phasing it in two categories and giving the proposed Legislative Desk (formerly the Joint Support Center) a stronger role in reviewing the quality of information.
5. SEA for plans and programmes
Under the EIA Decree specified plans and programmes are subject to the procedure, as laid down in the Environmental Management Act. These include national plans for waste management, electricity generations and water supply and regional land use plans for the location of major new housing, industrial or recreational areas (Dalal-Clayton, B. and B. Sadler, 2005). It essentially follows the principle of sustainable development as recommended in the National Environmental Policy Plan. In September 2006, the new legislation according to the European Directive 2001/42/EC has become effective.
The Strategic EIA for projects has mandatory processes as illustrated in Table 1. The main characteristics being (Verheem and Tonk, 2000):
• Early notification and involvement of the public; • Integration of information into SEA and plan preparation throughout the process; • Consultation with other government agencies and advice from independent experts; • Identification of the best alternative (from an environmental perspective in the Strategic EIA); • Reasons for decision and justification of the adopted plan; and • Monitoring and follow-up to plan implementation.
During the past 15 years, until 2006, the NCEA (2003) reports that approximately 50 SEAs have been completed (90 if EIAs for rural development plans are included) and experience indicates the general positive evaluation of process effectiveness applies equally at this level (Dalal-Clayton, B. and B. Sadler, 2005). Specific examples of SEA applications in The Netherlands that illustrate elements of good practice include;
SEA of the National Structure Plan for Surface Minerals, which identified the elements of the decision most relevant to the environment and its alternatives. The advice of the EIA Commission focused on alternatives for the use of the scarcest raw materials and the decision on locations for the extraction of construction sands.
SEA of the Space for Rivers' Policy Plan, which provided information on the combined environmental consequences of many measures in the Plan, such as the lowering of the endyked floodplain, excavating side channels and re-routing dykes.
SEA for the Delta Metropolis (the urban region of the west of The Netherlands), which established a basis for sound decision-making on whether to build a magnetic levitation railway or a high-speed railway and identified the best locations for new housing and industrial areas in relation to the infrastructure decision. The SEA of the National Waste Management Plan, which compared alternative technologies for waste processing, including the best option from an environmental perspective. It also developed a method to assess the environmental effects of waste treatment processes that can be used in subsequent EIA of projects, for example quantitative life cycle assessments. Source: Dalal-Clayton, B. and B. Sadler, 2005.
6. Current Issues
Concerning EIA, the legislation regarding this tool is currently being modernised. The discussion between the Ministry of Environment and a number of involved parties is ongoing to come to the most effective rules for application (Rob Verheem March 2007, personal communication). Since September 2006 the new SEA regulation is in place and the original SEA process has been simplified in the following way:
Screening Screening for SEA is based on positive lists of plans and programmes that set a framework for EIA. These plans and programmes are subject to SEA. Plans or programmes on this list have to be screened on a case-by-case basis. In addition, SEA is also required for plans and programmes that affect protected areas, or more precisely, when an “appropriate assessment” (in Dutch: passende beoordeling) has to be undertaken according to the EU Habitat Directive. In such cases, the appropriate assessment becomes an integral part of the SEA.
Consultation in SEA At the scoping stage in SEA, the competent authority is not obliged to provide guidelines for the SEA, as it is for EIA. Neither is it obliged to organise public consultation. But the competent authority does need to consult with relevant government authorities on the scope of the assessment.
Scoping The Netherlands has a independent expert body, the Netherlands Commission for Environmental Assessment (NCEA). In the present EIA legislation, this Commission has a statutory role in the Dutch environmental assessment system. It advises the competent authority in the scoping stage (on guidelines for the environmental assessment) and in the review stage (on the quality and adequacy of the environmental report). The NCEA provides advice in each EIA procedure. In SEA, the NCEA’s involvement is obligatory only if a plan or programme affects a protected area, and only in the review stage. However, the NCEA can also be involved on a voluntary basis, at the request of the competent authority.
In practice, is seems that in many cases a scoping document is produced on a voluntary basis, and so far in most cases, this document is also voluntarily submitted to the NCEA for review. In some cases the scoping document is also submitted to public consultation.
Review Review of the SEA, similar to the EIA process, must include publication and a public hearing, as well as consultation with the statutory advisors. The plan and draft SEA have to be released to the public at the same time. Participants can submit their written responses on the plan and SEA to the competent authority, and voice their concerns at the hearing. Review by the independent NCEA is obliged in case the plan or programme is in or affects a nature area.
Content of the SEA In terms of the content of EIA and SEA reports, there are a few differences. An EIA study in the Netherlands should include an analysis of the most environmentally friendly alternative. In an SEA alternatives also have to be elaborated, but a most environmentally friendly alternative is not mandatory. Furthermore, the legislation states that the SEA should be tailored to the decision-making phase and the hierarchy in the planning process. This means that the scope of the SEA should match the scope of the plan.
Bibliography:
Dalal-Clayton, B. and B. Sadler (2005), Strategic Environmental Assessment: A Sourcebook and Reference Guide to International Experience. London: Earthscan.
European Commission (2001), European Parliament and Council of the European Union Directive 2001/42/EC “on the assessment of the effects of certain plans and programmes on the environment”. Available online: http://europa.eu.int/comm/environment/eia/full-legaltext/0142_en.pdf [visited 25.02.2007]
ICON Consultants (2001), Country Report, SEA and Integration of the Environment into Strategic Decision-Making, Volume 2 May 2001 Available online: http://ec.europa.eu/environment/eia/sea-studies-and-reports/sea_integration_xsum.pdf[visited 02.04.2007]
McLauchlan, A. and E. Joao (2005), An independent body to oversee strategic environmental assessment in Scotland: bureaucratic burden or efficient accountable administration? A preliminary report January 2005. Available online: http://www.scotlink.org/pdf/LINK%20SEA%20report%20mar05.pdf[visited 15.02.2007]
NCEA (2004), Netherlands Commission for Environmental Assessment. Website Information about national activities available online: http://www.eia.nl/eia/sitemap.htm [visited1.02.2007] Information about international activities available online: http://www.eia.nl/nceia/ [visited 25.02.2007]
Partidário, M.R. and R. Clark (2000), Perspectives on Strategic Environmental Assessment, Boca Raton, FL: CRC-Lewis.
Partidário, M.R. (2005), IAIA Training Course: Strategic Environmental Assessment.
Therivel, R. et al (1994), Strategic Environmental Assessment. London: Earthscan.
Tonk, J. and R. Verheem, (2000). Strategic environmental assessment: one concept, multiple forms. Paper presented to the 18th Annual Conference of IAIA, Christchurch. IAPA, Volume 18: No 3.
Verheem, R. (2002), Strategic Environmental Assessment: Performance Criteria. Developed for the International Association of Impact Assessment (IAIA) in consultation with SEA-section. Available online: http://www.iaia.org/Members/Publications/Special_Pubs/sp1.pdf [visited 12.02.2007]
Websites and Web links for further information:
European Commission- Documents http://europa.eu.int/comm/environment/eia/sea-support.htm#int
Netherlands Commission for Environmental Assessment http://www.eia.nl (information about work in the Netherlands) and http://www.eia.nl/ncea/index.htm (information about work internationally)
NCEA’s database for SEA http://www.eia.nl/ncea/database/search.htm
VROM International- SEA http://www.sharedspaces.nl/pagina.html?id=7379
