Application form – Section F: Analysis of Environmental Impact – key requirements

1. Application form – Section F: Analysis of Environmental Impact – key requirements Adina Relicovschi, EIA Coordinator- JASPERS

2. Legal Framework Regulation 1083/2006: • Article 9 (5) (principles of assistance): “Operations financed by the Funds shall comply with the provisions of the Treaty and of acts adopted under it” • Article 17 (sustainable development): “The objectives of the Funds shall be pursued in the framework of the sustainable development and the Community promotion of the goal of protecting and improving the environment as set out in Article 6 of the Treaty.” • Article 41 (major projects – decision of the Commission): “The Commission shall appraise the major project, …, in the light of … its consistency with other Community policies.”

3. Legal Framework • Projects co-financed with Structural Funds shall comply with the environmental acquis and policy. • The Managing Authority is responsible for ensuring that projects comply with the applicable Community and national rules for the whole of their implementation period (Article 60(a)) • This applies for all projects, without distinction of their value (major or non-major projects) • The Commission checks major projects in the light of the information provided in the application form and its attachments

4. EIA and Project Preparation Key steps: • Pre-feasibility Study; • Feasibility Study; • EIA – starting moment • EIA completion – when all mitigation measures are defined (all details provided) and development consent issue • General design; • Detailed design; • Procurement; • Implementation.

5. EC project appraisal - EIA Documents required by the commission to ensure compliance with environmental acquis – EIA Directive and Natura 2000: • Application form – Section F which it is recommended to be a self-standing document providing coherent information; • Supporting documents: • For the implementation of EIA Directive when an EIA has been undertaken; • For the implementation of Habitat Directive (managing Natura 2000 – Art. 6(3) and 6(4)).

6. EC project appraisal - EIA Supporting documents when an EIA has been undertaken: • Non-technical summary of EIA report; • Information required by art. 9(1) of EIA Directive (content of the decision and any conditions attached thereto, main reason and considerations on which the decision is based, including information about public participation, mitigation measures); • Outline of the public consultation process.

7. EC project appraisal – Natura 2000 Supporting documents: Habitat Directive: • Annex I of the application form – declaration fill in by the competent authority stating that the project is not likely to have significant negative effects on sites included or intended to be included in Natura 2000 network, if applicable; • Summary of the conclusions of the appropriate assessment carried out according to Art. 6(3) of Habitat Directive, if applicable; • Compensatory measures were deemed necessary (art. 6(4)) – procedural aspects, if applicable.

8. “Routing slip” of the application form in the Commission DG REGIO DG AGRI DG ENV … DG EMPLOYMENT Cohesion Policy and EIA Unit Water Unit … Waste Unit Nature Unit IPPC Unit

9. Application form – Section F: Analysis of environmental impact • F1. How does the project contribute to the environmental policy objectives? • F2. Consultation of environmental authorities • F3. Environmental Impact Assessment • F4. Assessments of effects on Natura 2000 sites • F5. Additional environmental integration measures • F6. Cost of measures taken for correcting negative environmental impacts • F7. Consistency with sectoral/regional plans, in case of projects in the areas of water, wastewater and solid waste.

10. F1: How does the project…… • Give a separate and distinct answer to each point from a) to c). • Be concise and creative. • Seek the answers in the project description but do not repeat paragraphs from the text already inserted in different previous section. Reformulate them to answer strictly to the questions. • For question a): use the related SOP (each SOP contains references to the sustainable development objectives and how they are reflected within the programme) and/or related EU Directives for implementing the corresponding environmental policy.

11. F1: How does the project…… For question a): e.g. • Climate change and clean energy – Climate action and renewable energy package “20 20 by 2020, Europe's climate change opportunity”** • Sustainable transport • Sustainable production and consumption • Public health threats • Conservation and management of natural resources – “Halting loss of biodiversity by 2010 and beyond” – Commission Communication and Action Plan *** • Social inclusion, demography and migration • Fighting global poverty

12. F1: How does the project…… • For question b): use the EIA (or other studies prepared – feasibility study, general design, detailed design, specific environmental studies) to explain briefly if any environmental damage is likely to occur and what preventive actions and mitigation measures the project provides. • For question c): pay attention that the information is directly linked with E1.4.c) ii. “Are the charges proportional to the pollution generated by users?” and E 2.2: Main economic costs and benefits identified in the cost-benefit analysis(Internalisation of negative and positive environmental externalities).

13. F2: Consultation of environmental authorities Have the environmental authorities likely to be concerned by the project been consulted by reason of their specific responsibilities? • Give names and addresses and explain their responsibilities • Refer not only to the EIA competent authorities, but also to all other “statutory consultees” with responsibilities in environmental sector (if case) • Good to mention if outside the EIA, other authorities have made any comments or raised any issues

14. F3: Environmental Impact Assessment F.3.1. Development consent • The answer should be YES only if the development consent was issued, so be careful to the distinction between the development consent (the decision of the competent authority which entitles the developer to proceed with the project) and the EIA decision/approval • Coordination/correlation between F 3.1 and D 2.2 • In the application form you have to refer to development consent: • Information should be provided on issuance date – or expected, name of the issuing authority • A projectcan be submitted even if the development consent is not issued yet, but only after the EIA decision/approval is issued

15. F3: Environmental Impact Assessment F.3.2 Application of EU EIA Directive • Project falls under Annex I, Annex II or neither of the two • When covered by Annex I or Annex II and EIA has been undertaken (based on a screening decision requiring an EIA to be performed), include the following documents: • a) the information referred to in Article 9 (1) of the Directive (check where is the information available looking to entire approval process from the EIA approval/decision to development consent); • E.g. “The information required by the Article 9(1) of the EIA Directive is comprised in the EIA approval/decision and ….. (planning decision, construction permit, etc). These documents where made available to the public (when, where, how, for how long, comments received or not, etc.). A copy of these documents is attached in Annex……

16. F3: Environmental Impact Assessment F.3.2 Application of EU EIA Directive • When covered by Annex I or Annex II and EIA has been undertaken (based on a screening decision requiring an EIA to be performed), include the following documents: • b) the non-technical summaryof the Environmental Impact Study carried out for the project; Do not forget: • EIA Report is not part of the Application and the NTS should speak for it. • NTS should have the same outline as the EIA Report but should be concise and not very long. • Since the NTS is developed especially for public, ask the consultants to pay attention to the following: use a non-technical language; if the use of, insert some explanations (in footnotes for instance) for terms not familiar to the large public which can not be avoided; anyway insert a list of acronyms.

17. F3: Environmental Impact Assessment F.3.2 Application of EU EIA Directive • When covered by Annex I or Annex II and EIA has been undertaken (based on a screening decision requiring an EIA to be performed), include the following documents: • c) information on consultations with environmental authorities, the public concerned and, if applicable, with other Member States. • Insert the following or similar text in order to refer to the timetable of the EIA procedure: “Consultation with environmental authorities and public was held during the EIA procedure, in different stages, as required by the EIA legislation. An overview of different actions taken to observe the legal requirements, including reference to the electronic copies of the corresponding proving document or events, is comprised in the table attached to the end of this section/annex.”

18. F3: Environmental Impact Assessment F.3.2 Application of EU EIA Directive • When covered by Annex I or Annex II and EIA has been undertaken (based on a screening decision requiring an EIA to be performed), include the following documents: • c) information on consultations with environmental authorities, the public concerned and, if applicable, with other Member States. • Be aware that consultations with other Member States are developed only for projects with potential transboundary impacts. In such a case, usually the Ministry of Environment and/or Ministry of Foreign Affair assume the full responsibility for all actions involved. • If is not the case, the Applicant might insert the text: ”The project was not assessed as likely to have transboundary impact.”

19. F3: Environmental Impact Assessment F.3.2 Application of EU EIA Directive • When covered by Annex II of the Directive, has an Environmental Impact Assessment been carried out for this project? • No - explain the reasons and give the thresholds, criteria or case by case examination carried out to reach this conclusion • Criteria set out in Annex III of the EIA Directive • !!! Although an EIA may not be needed, the screening decision has to be duly justified in the light of the screening of potential impacts of the project on environment using the criteria listed in Annex III. • Thresholds: are to help in screening, not to replace it – screening determination still needed;

20. F3: Environmental Impact Assessment F.3.3 Application of EU SEA Directive • Does the project result from a plan or programme falling within the scope of the SEA Directive? • If no, provide an explanation. It is rather unlikely for a project asking financing from ERDF/CF to not result from the applicable SOP but if the case is so, an explanation should be given as required. • Yes: the projects result usually from SOP. An SEA was carried out for each SOP and the Environmental Report was published. The link to the electronic copy of the NTS of the Environmental Report has to be provided. • Transport projects: national plans on the development of transport infrastructure, urban transport development plans;

21. F4: Assessment of effects on Natura 2000 sites Is the project likely to have significant negative effects on sites included or intended to be included in the Natura 2000 network? • If Yes, provide: • Summary of the conclusions of the appropriate assessment carried out according to Article 6(3) of the Habitats Directive • If carried out, the appropriate assessment should be a separate document attached to, or a separate chapter included in, the EIA Report (see the below explanations) • The Applicant is required to identify the conclusions of this document and to insert them in a text box in the Application form.

22. F4: Assessment of effects on Natura 2000 sites Is the project likely to have significant negative effects on sites included or intended to be included in the Natura 2000 network? • If Yes, provide: • If compensatory measures were deemed necessary (article 6(4)), provide a copy of the notification sent to DG Environment • Ask the competent environmental authority to provide a copy of the Information notified to the Commission (see the explanations provided below) and/or the Commission approval if the site host priority species or habitats

23. F4: Assessment of effects on Natura 2000 sites Is the project likely to have significant negative effects on sites included in the Natura 2000 network? • If No: attach a completed Annex I declaration filled in by the relevant authority. • The Declaration should be based on the standard format provided in the Application form. The Declaration itself should cover the following issues for each Natura 2000 site: • Name, location (distance to the project boundaries should be clearly indicated on the map); • Site’s conservation objectives (for which the site was included in the Natura 2000 network); • Mention that the appropriate assessment screening was done; • Conclusions of the screening i.e. why the project is not likely to have significant negative effects on sites included or intended to be included in the Natura 2000 network, either individually or in combination with other projects. • The map attached to the Declaration should be stamped by the competent environmental protection authority.

24. F.5. Additional environmental integration measures Examples: • Environmental management systems (if such a system was provided by the Project Feasibility study or EIA Report), • Environmental audit: Integrated environmental permit for IPPC installations (the Application for issuing the permit would contain information about environmental audits, site reports), • Specific environmental monitoring measures (i.e. for landfills, for transport projects – noise and air pollution) • Mitigation measures to reduce negative effects (i.e. noise protecting walls – transport projects, indoor installations – to reduce noise or odour problems) • Measures for raising the environmental awareness of public or employees • Special landscape improvement measures

25. F.6. Cost of measures taken for correcting negative environmental impacts Estimate (% of total cost) and explain the proportion of cost of measures taken to reduce and/or compensate negative environmental impacts (link between F 5 and F 6) • If measures were explained before in the application, no need to go into details, but to make reference to them and quantify costs Examples: • Noise reduction walls for transport projects • Filters for reducing odour emissions (for WWTPs) • Protection & planting of trees

26. F.7. In case of projects in the areas of water, wastewater and solid waste Explain consistency with sectoral/integrated plans associated with the implementation of Community policy or legislation • Water:Accession Treaty deadlines and any relevant national plan & River basin management plans (depending on their readiness) • Wastewater: Accession Treaty & Implementation Programme prepared according to Article 17 of the Urban Wastewater Treatment Directive • Solid waste: Accession Treaty & any relevant deadlines established by Directives (i.e. Landfill Directive) & National, Regional & county waste management plans

27. Conclusions • The application form has to cover all potential issues of interest or concern • The EIA procedure has to be well done and well documented (both procedure and substance), with relevant documents attached • Specific attention to Natura 2000 assessment and declaration

28. Thank you