21.SEA_requirements_EC_DG_Envi_Ion_Codescu

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SEA, horizontal environmental and
climate issues and biodiversity for
2014-20 programming period
Budapest, 27.09.13
Ion Codescu, Head of Unit, DG ENV, EC
E-mail: [email protected]
Benefits of SEA
– Integration of environmental considerations into decision making of
plans and programmes (P&P).
– “Greening“ of plans and programmes and monitoring of their
effects.
– Strengthened role for environmental authorities through their
participation.
– Better cooperation between different authorities (planning,
environment and health).
– Increased transparency in decision making, due to the involvement
of all levels of society.
– Less mitigation measures due to the early inclusion of
environmental considerations in the P&P.
– Contribution of SEA to improved compliance with the requirements
of other specific environmental policy areas.
– Less litigation at project level.
– Consideration of cumulative effects and of alternatives upstream.
– Absorption of EU co-financing made easier.
– => The overall assessment is positive, e.g. in Cohesion Policy
For programmes screened out
(shorter procedure)
The environmental assessment procedure
Screening
Using screening criteria
Scoping
Scope and level of detail
EAs to be consulted
Environmental Report/Study
The “Report” (including a
non-Technical summary)
Information and Consultation
Public, environmental
authorities, other MS...
Decision
Takes account of env.
report and consultations
Information on decision
Monitoring
End of SEA process
Is the SEA Directive applicable to all programmes
developed under Cohesion Policy?
– Programmes financed by the EU fall under the
scope of the SEA.
– Provided that they fulfill certain requirements of
the SEA.
Programme covers areas of art. 3(2) + sets framework for
development consent of future EIA projects
SEA is needed (annex I criteria)
Programme determining use of small areas at local level, minor modifications of programmes,
programmes in other areas than art. 3(2), programmes setting framework for development
consent of future projects (not listed in EIA)
screening is needed (annex II criteria)
Programme does not set the framework for future
development consent of projects or does not cover areas
of art. 3(2) (e.g. ESF or interregional OPs)
no SEA + explanatory statement
*
Applying the SEA to Cohesion policy: information to be
submitted to the Commission
– A non-technical summary of the information provided in the
environmental report (annex I(j) of the SEA Directive.
– Information on the consultations with the public and the
environmental authorities (article 6).
– A description of the measures concerning monitoring.
– A summary of how environmental considerations and the opinions
expressed have been taken into account.
N.B.
the final statement required by Article 9(1) of the SEA Directive is to be
issued after the adoption of the programme by the Commission..
SEA for transnational and cross-border
programmes
 In some cases transnational and cross-border programmes do not set
the framework for future authorisation of projects.
 Verify whether SEA is required.
 When the SEA is applicable to transnational /cross-border programmes
– Consider whether separate or joint procedures should be carried
out, or
– Whether some of the steps could be carried out jointly (joint
environmental report subject to separate consultations..)
– Separate Article 9(1) statements need to be made available in
each MS.
Attention!
MSs must evaluate that if following negotiations with the Commission
whether the OP contains environmentally significant changes to
justify an updated SEA and hence a new public consultation
Ensure co-ordination between the ex-ante evaluation (sensu strictu)
and the SEA procedure to avoid overlaps and wasted resources (see
Commission Guidance of January 2013)
Start the SEA process early as this increases environmental
integration, social acceptability and allows better management of
trade-offs (environment-social-economic).
A word about environmental integration
TFEU Art. 11 "Environmental protection requirements must be
integrated into the definition and implementation of the Union policies
and activities, in particular with a view to promoting sustainable
development".
Reflected in Article 8 of the draft Common Provisions Regulation on
sustainable development – one of the established cross-cutting
principles of the Cohesion Policy
Important that this is not a 'paper tiger' exercise and that the
environment is taken into account in each and every co-financed
operation and fund (ERDF, CF, ESF, EAFRD, EMFF)
Consider using Technical Assistance (ERDF and ESF) to establish a
national network under the ENEA-MA umbrella and to booster EIASEA capacity too (vis à vis the generic ex-ante conditionality)
Introduction (CH.1)
• Nature and purpose of the guidance
• Overview
CC&B in SEA (CH.2)
• Legal basis and spirit of Directive
• Benefits of integrating CC (climate change) &
(biodiversity)
• Challenges
Understanding CC & B (CH.3)
Key aspects of climate change mitigation policy
Policy response
Objectives and targets
United Nation Framework Convention
on Climate Change (UNFCCC)
UNFCCC’s Kyoto Protocol

UNFCCC seeks to reduce international GHG emissions …

…
…
Section 1
Climate change
Key aspects of climate change adaptation policy
Policy response
Objectives and targets
EU Strategy on Adaptation to
Climate Change

European Climate Adaptation
Platform: CLIMATE-ADAPT

The European Commission adopted a White Paper on
Adapting to Climate Change in 2009, leading to an EU
Adaptation Strategy in 2013 …
…
Key aspects of biodiversity policy
Section 2
Biodiversity
Policy response

The Habitats Directive and the Birds Directive seek to
protect sites of particular importance for biodiversity—
these sites form a network referred to as Natura 2000. ..
The Convention on Biological
Diversity (CBD)

…
…
Section 3
Climate change &
Biodiversity
Objectives and targets
The Habitats Directive and the Birds
Directive
SEA steps
Key considerations (CH. 4: Screening & Scoping; CH. 5: other elements of the SEA process)
 Would implementing the plan or programme (PP) be likely to have significant
effects on, or be significantly affected by, CC&B issues? Is an SEA required?
Screening
 What are the key CC&B issues likely to be?
 What is the current situation relating to CC&B and how is it likely to change in
the future?
Scoping
Alternatives
and assessing
effects
Reporting,
information &
consultation
 What is the CC&B policy context, what are the objectives and targets?
 Who are the key stakeholders and environmental authorities with an interest
in CC&B and how will they be involved throughout the SEA? What do they think are
the key issues?
 What are the best methods, tools and approaches to help understand and assess
the key CC&B issues?
 What alternatives are there to tackle key CC&B issues? How would implementing
them affect CC&B objectives?
 How can we avoid the negative effects on CC&B? If we cannot, how can they be
reduced or offset? How can the positive effects be maximised?
 How could CC&B measures be integrated into the PP?
Decisionmaking
 How to ensure that the environmental report clearly explained how CC&B issues
have been identified, how uncertainty has been managed, etc.?
 How can CC&B issues be integrated into the final PP?
Monitoring and
evaluation
 How will the effects on CC&B be monitored along with the implementation of
mitigation measures and environmental management?
What are the key CC&B issues? (CH.4)
Climate change mitigation
 energy demand







Climate change adaptation
 heat waves
(industry)
 droughts
energy demand (housing  flood management and
& construction)
extreme rainfall events
GHG emissions in
 storms and high wind
agriculture
 landslides
GHG emissions (waste
 sea level rise, extreme
management)
storms, coastal erosion
travel patterns and GHG
and saline intrusion
emissions (transport)
 cold spells
GHG emissions from
 freeze-thaw damage
energy production
 …
land use, land-use
change, forestry and
biodiversity
…
Biodiversity
 degradation of
ecosystem services
 loss of habitats,
fragmentation
 loss of species diversity
 loss of genetic diversity
 …
How to assess effects related
to CC&B in SEA? (CH.5)
5.1 Tools and approaches to integrate CC&B into SEAs
5.2 Consider CC scenarios at the outset of the SEA
5.3 Analyse evolving baseline trends
5.3.1 Vulnerability
5.3.2 Policy consistency and coherence
5.4 Assess alternatives that make a difference in terms of CC&B impacts
5.5 Assess CC&B cumulative effects
5.6 Seek to avoid adverse effects wherever possible, before considering
mitigation
5.7 Monitoring significant effects and adaptive management
Key messages








ADDRESSING CC&B EFFECTIVELY
Build them into assessment & early.
Tailor CC&B to specific PP context.
Be practical & use your common
sense.
Many options are still open.
CRITICAL CHALLENGES
Assess PP against the future baseline
and key trends
Long-term and cumulative effects on
CC&B.
Be comfortable with uncertainty
(scenarios).
‘Win-win’ or ‘no/low regret’ options.








IDENTIFYING CC&B ISSUES
Both impacts of PP on CC&B and CC &
natural environment on PP.
CC adaptation and mitigation
interactions
National/regional/local context.
Objectives, commitments and targets
set in policy.
ASSESSING EFFECTS
Consider CC scenarios at the outset.
Evolving environmental baseline trends.
Assess alternatives that make a
difference in terms of CC&B effects.
CC&B synergistic/cumulative effects.
Useful sources of information
Annex I of the Guidance document on ex ante evaluation explains SEA procedure
(DG REGIO website) of January 2013
http://ec.europa.eu/regional_policy/sources/docoffic/2014/working/ex_ante_en.pdf


Guidance on Integrating Climate Change and Biodiversity into Strategic
Environmental Assessment:
http://ec.europa.eu/environment/eia/pdf/SEA%20Guidance.pdf

EIA / SEA Homepage (Guidance on the implementation of the SEA Directive)
http://ec.europa.eu/environment/eia/home.htm
 GRDP Handbook on SEA for Cohesion Policy 2007-2013
http://ec.europa.eu/regional_policy/sources/docoffic/working/doc/sea_handbook_final_f
oreword.pdf
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