Environmental assessment procedures for energy infrastructure projects of common interest (PCIs)

1. Environmental assessment procedures for energy infrastructure projects of common interest (PCIs) DG ENV

2. Legislative background • Regulation (EU) No 347/2013 on guidelines for trans-European energy infrastructure (New TEN-E Regulation) • adopted on 17 April 2013

3. The new TEN-E regulation Benefits Cost allocation Incentives Grants Financial instru-ments 3.5 years One stop shop Public participation

4. Accelerated permit granting: • Time-limits (Art. 10) • One-stop-shop approach, national competent authority (Art. 8) • Transparency and public participation (Art. 9) • By 16 May 2014, MS had to publish manual of procedures for the permit granting process of PCIs, accessible to public • Project promoter has to develop and submit concept for public participation for approval of the competent authority • Cross-border public consultation • Project promoter or competent authority shall establish website with relevant information on PCIs • Streamlining environmental assessment procedures (Art. 7)

5. Environmental assessments required under Union law • Environmental Impact Assessment (EIA) Directive • Strategic Environmental Assessment (SEA) Dir. • Birds and Habitats Directives • Water Framework Directive (WFD) • Marine Strategy Framework Directive (MSFD) • Seveso II and Seveso III Directives • Industrial Emissions Directive replacing the Integrated Pollution Prevention and Control (IPPC) Directive • UNECE Conventions : • Espoo Convention on EIA in a transboundary context • SEA Protocol to the Espoo Convention • Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters EC DG ENER/ ENV

6. Environmental Assessments Waste Framework Directive Habitats and Birds Directives Policies Water Framework Directive Plans & Programmes covered by SEA Directive (2001/42) Projects (public - private) covered by EIA Directive (2011/92) Carbon Capture Storage Directive Landfill Directive IED Directive

7. Recommendations : • Early planning, "roadmapping" and scoping of assessments • Early and effective integration of environmental assessments and of other environmental requirements • Procedural co-ordination and time limits • Data collection, sharing and quality control • Cross-border co-operation • Early and effective public participation

8. Recommendation 6: Early and effective public participation • Early information and involvement is crucial!! • When? Ideally at conceptual stage – when all options are open. • Roadmapping should set out different stages of public consultation in the overall process (e.g. public scoping events). • As for assessments, there should be efficient tiering of public participation to avoid both gaps and overlaps. • It is strongly recommended to consult the concerned public also about possible impacts to Natura 2000 sites.

9. Guidance – relevant phases

10. The Environmental Assessment Procedures Screening (for Annex II projects) Scoping EIA Report Information and Consultation Decision Information on decision Monitoring For projects screened out (shorter procedure) Using screening criteria listed in Annex III Scope and level of detail(obligatory under the SEA) The “Report” (including a non-technical summary) Public, environmental authorities, other MSs/countries... Takes account of env. report and consultations End of EIA/SEA process Only for SEA, as of 2017 for EIA

11. Scoping EIA report Consultation Decision Information on decision Screening – Principles Screening • Information of the EIA Report – Art.5(1) • Mirroring the changes in Article 3 (scope of EIA). • To avoid duplication, the developer has to take into take into account the results of other relevant assessments [SEA, Habitats, Water Directives]. • Specific information to be provided by developer: • description of the project (site, design, size and other relevant features); • description of the likely significant effects; • description of the features and/or measures of the project envisaged in order to avoid, prevent or reduce and, if possible, offset likely significant adverse effects; • description of the reasonable alternatives studied by the developer relevant to the project and its specific characteristics, and an indication of the main reasons for the option chosen; • non-technical summary; • additional information specified in Annex IV. Monitoring 11

12. Scoping EIA report Consultation Decision Information on decision Screening – Principles Screening • Consultation – Articles 6 and 7 • Broadened scoped: local and regional authorities clearly spelled out as bodies to be consulted. • Reinforced modalities: • Public to be informed electronically and by public notices (Art.6 (5)) • Relevant information electronically accessible to the public, through at least a central portal or easily accessible points of access, at the appropriate administrative level (Art. 6 (5)) • Reasonable time-frames for the different phases of the decision-making (Art. 6(6)). • Time-frame for consulting the public concerned on the EIA report - at least 30 days (Art. 6(7)). • Transboundary consultations: • Consultations may be conducted through an appropriate joint body (Art.7(4)). • Time-frames for public consultation to be set (Art. 7(5)). Monitoring 12

13. Scoping EIA report Consultation Decision Information on decision Screening – Principles Screening • NEW: EIA one-stop shop (Art.2(3)) • Coordinated/integrated procedure, where appropriate, for assessments under EIA and/or Habitats/Birds Directives (only!). • For assessments under EIA and other Union legislation (e.g. SEA, Water Framework, IED, Waste Framework, Seveso, listed in recital 37) possibility to apply one-stop shop. • Short explanations of coordinated/integrated procedures. • COM to issue guidance on coordinated/integrated procedures. Monitoring 13

14. Scoping EIA report Consultation Decision Information on decision Screening – Principles Screening • Information on the final decision – Article 9 • No significant changes: • Obligation to inform the public and relevant (environmental and local/regional) authorities promptly; • Obligation to make available to the public relevant (environmental and local/regional) authorities specific information: • Content of the final decision (no change). • Main reasons (no change). • NEW: Summary of the results of the consultations and the information gathered and how those results have been incorporated or otherwise addressed, in particular the comments received from the affected Member State(s), shall be made available as well. Monitoring 14

15. Thank you for your attention!