EIA and SEA in the Central and Eastern Europe region

1. EIA and SEA in the Central and Eastern Europe region Regional Seminar “Environmental Impact Assessment and Strategic Environmental Assessment” 23-24 April, 2013, Almaty, Kazakhstan Dipl. Eng. Nina Stoyanova, International Environmental Consultant, Bulgaria

2. The philosophy of EIA • To be properly informed before a decision for project development is taken • Impact assessment is designed as a preventive measure • It should give environmental considerations equal weight with technical and location aspects, including “zero”alternative. • Environmental considerations should be introduced early on in the design process • Broad and public participation should ensure wide acceptance of projects implemented

3. The philosophy of SEA • The process begins early in the development of the policy and investigates alternative means of achieving these objectives. • SEA needs to be a systematic process involving different institutions in a common reporting framework • Widespread involvement of stakeholders, policy makers and the wider public is crucial for successful SEA. • Successful SEA depends on high quality and rigorous application of assessment methodologies, whether qualitative, quantitative or both. • Successful SEA is an active, participatory and educational process for all parties, in that stakeholders are able to influence the decision-maker, and the decision-maker is able to raise awareness of the strategic dimensions of the policy, plan or programme.

4. Main differences between SEA and EIA

5. EIAin the Czech Republic

6. The Czech Republic (CR) • 1918 – Czechoslovakia • 1989 – the Velvet revolution • 1993 – the Czech Republic • 2004 – CR joins EU • EIA in Czech legislation - 1992 – first EIA/SEA Act - 2001 – transposition of EIA Directive (100/2001) - 2004 – transposition of SEA Directive

7. Main features of Czech EIA • EIA has its own piece of legislation (100/2001) • Complex and comprehensive (also impacts on public health) • EIA and permit procedures (development consent procedures) - EIA is independent procedure prior to permit procedures - Different authorities for EIA and permit procedures • EIA conclusion - Not binding for development consent, but - Not observing EIA requirements and conditions must be justified • Anyone can comment EIA documents • Alternatives - Assessment - Comparison, recommendation of environmentally most friendly alternative

8. EIA procedure • Preliminary negotiation /Not obligatory/ • Notification - Brief description (incl. alternatives, if studied by developer) - Consultations - Public authorities, municipalities, public • Screening/scoping procedure - Screening - EIA body applies selection criteria - EIA yes or no • Scoping When EIA is mandatory - Content of future EIA documentation

9. EIA procedure • EIA documentation (EIS) - Detailed requirements for content; Consultations; Describes alternatives • EIA expert report - A form of quality control; Examines documentation; Gives expert opinion to all comments; Proposal of a final EIA conclusion; Consultations • Public hearing - Almost in all cases; Anyone may come and speak; Public discussion on EIA documentation and expert report; Report from public hearing • EIA conclusion - Issued by EIA body on the basis of previous documents - Is the project acceptable or not

10. Decisions and its review • Permit procedures - After EIA conclusion - IPPC, construction, mining, waste, water etc. • Court review - EIA conclusions may be challenged at courts through challenging the decision itself - Legal standing • Those whose rights are (potentially) affected • NGOs, if previously commented in EIA - Infringement against CR • Weaker position of the public concerned (NGOs)

11. SEA in Bulgaria

12. Republic of Bulgaria • 1946 – People's Republic of Bulgaria • 1989 – The Transition • 1990 – Republic of Bulgaria • 1 January 2007 – Bulgaria joins EU • SEA in Bulgarian legislation - 1991 – Environmental Protection Act containing specialized chapter for EIA - Environmental Protection Act – 2002 and 2005 full transposition of EIA Directive and SEA Directive - Ordinance on the conditions and procedures for the Environmental Assessment of Plans and Programs – 2004 and 2006

13. Main features of Bulgarian SEA • The integration of the environmental considerations in the sectoral planning and programming has been enforced since 1 July 2004 • Most EA procedures are carried out in the sector of spatial planning – urban development plans; land use plans; management plans for protected areas • EA procedures carried out for sectoral programs – in the sectors: energy, transport, tourism, waste managament • EA for Operational programs – part of the ex-ante assessment • Public involvement - not separate - a part of the whole process of consultations during the planning

14. SEA procedure • Screening and scoping of the environmental assessment • Elaborating the EA study/report • Conducting a consultation with the public and concerned authorities • Taking into account the results of the consultation in the EA study/report • Defining the measures of monitoring and control of the plan/program implementation • Issuing a statement on EA - an obligatory document before adoption of the plan/program. Contains: motives, conditions, measures to prevent, reduce or offset any significant adverse effects on the environment, measures for monitoring • Monitoring and control of the plan/program - ImplementationBefore adoption – reference on the compliance of the final plan/program with the EA statement - During implementation – regular monitoring report

15. Naturaassessment Directive 92/43/EEC • Natura 2000 – Special Areas of Conservation • Special protection areas (79/409/EEC), Sites of Community Importance (92/43/EEC) • Appropriate Assessment • Any plan or project having significant effect on the sites • Plan or project may be approved - No adverse effect on the integrity of the site concerned - After opinion of the (general) public • All compensatory measures • Negative assessment • No alternative solutions • Public interest to carry out the plan or project • To inform the Commission

16. EIA Procedures in Mining Sector /Latvia/ LEGAL CONTEXT Annex 1 point 19 • Quarries and open-cast mining where the surface of the site exceeds 25 hectares, or peat extraction, where the surface of the site exceeds 150 hectares. Annex II section 2 • Quarries, open-cast mining and peat extraction (projects not included in Annex I); • Underground mining; • Extraction of minerals by marine or fluvial dredging; • Deep drillings, in particular: • geothermal drilling; • drilling for the storage of nuclear waste material; • drilling for water supplies; with the exception of drillings for investigating the stability of the soil; • Surface industrial installations for the extraction of coal, petroleum, natural gas and ores, as well as bituminous shale.

17. LEGAL CONTEXT • Projects listed in Annex I shall be made subject to EIA • For projects listed in Annex II, the Member States shall determine through: • a case-by-case examination,or • thresholds or criteria set by the Member State whether the project shall be made subject to EIA • When a case-by-case examination is carried out or thresholds or criteria are set, the relevant selection criteria set out in Annex III shall be taken into account.

18. Some general cognitions regarding EIA in mining sector • Strategic and spatial planning helps to facilitate the long term procedures and avoids the occurrence of difficulties at a later stage (contradictions, collision of interests); • Identification of suitable sites for industrial mining - a proper design for reducing risks, especially on protected (sensitive territories) like Natura 2000 sites (take in respect that impact area is more vast that the site); • Avoidance of migration corridors and places of large concentration of birds is strongly recommended; • Landscape considerations, in particular rehabilitationis one of the core aspects; • EIA Directive, SEIA Directive, Habitats and Birds Directive and others need to be respected; • If correctly applied, these not only increase a better environment, but significantly saves money and increase public acceptance (court cases)

19. Screening and the scope of assessment in mining sector • Characteristics of the mining project • Size of the site and related infrastructure; • Cummulation with other projects; • The use of natural resources; • The production of waste; • Pollution and nuisances (noise, dust, groundwater, surface water, soil, transportation routes, vibrations, traffic etc); • Risk of accidents; • Location (sensitivity) • Geographical area and size of the effected zone; • Population, people affected, land use, protected areas; • The absorption capacity (ability to deal with the impact not losing the significant qualities of affected zone); • Complexity of the impact • Magnitude, probability, duration, frequency, reversibility.

21. SEA of large scale plans in transport sector /Germany/ Legal context • All plans and programmes which are prepared for a number of sectors and which set a framework for future development consent of projects listed in Annexes I and II to Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and Private projects on the environment; • Directive 85/337/EEC – Annex I: 7. Construction of motorways, express roads (1) and lines for long-distance railway traffic and of airports (2) with a basic runway length of 2 100 m or more. • Directive 85/337/EEC – Annex II: 10. Infrastructure projects: (d) Construction of roads, harbours, including fishing harbours, and airfields (projects not listed in Annex I); (g) Tramways, elevated and underground railways, suspended lines or similar lines of a particular type, used exclusively or mainly for passenger transport.

22. Some general cognitions regarding SEA of large scale plans in transport sector • SEA should be applied, at the earliest stage, to all transport infrastructure plans that will have significant environmental consequences; • The authority which proposes and develops the transport infrastructure plan should be responsible for the preparation of an SEA report ,with the support of the environmental authorities; • The SEA report should be reviewed by environmental authorities and other interested parties and by the public; • The competent authorities should take the SEA report into account in the making decisions about the proposed transport infrastructure plan; • Consultation and participation are integral to SEA process and should be planned at various stages; • Ensure that the results of the evaluation are taken in consideration in the final decision for adoption of the plan.

23. Key stages of the assessment process • Screening to determine the need for SEA in the beginning of planning process; • Scoping identification of the physical limits, the impacts to be addressed, the alternative actions that need to be assessed; • Carrying out of the assessment – predicting the environmental impacts, evaluating the significance of the impact, proposing recommendations, preferred alternative, mitigation monitoring measures; • Preparation od SEA report and review by the competent authority; • Decision taking into account the findings of SEA and consultations; • Making arrangements for monitoring; • Conducting further environmental assessments /at later stage of planning process, e.g as project EIA/.

25. THANK YOU FOR YOUR ATTENTION! Dipl. Eng. Nina Stoyanova, International Environmental Consultant, Bulgaria Tel: + 359 899 914 155 E-mail: ecostim@gmail.com