The Directive's requirements - when does it apply?
There has been much debate over which plans and programmes will be covered by the Directive. Potentially this could be quite large. It covers land use plans and programmes, as well as those developed in the following eight sectors - agriculture, fisheries, forestry, energy, industry, transport, telecommunications and tourism sectors. There are, however, various exemptions in the Directive which mean that Member States could restrict the number of Plans and Programmes covered. Plans and Programmes covering 'small areas' for example may not necessarily require SEA - yet it is left to Member States to define what constitutes a 'small area'. See "Does my Plan or Programme need SEA?" for more information.
Whether an SEA is required or not, the Directive says that the public must be informed of these decisions. If an SEA is not required, a reason must also be given to justify this decision. Member States are also required to send a list to the European Commission before 21 July 2004 setting out which Plans and Programmes would be subject to the Directive in their country.
In common with other EU legislation, the Directive binds Member States but does not apply directly to other European Institutions. Separately, the Commission has agreed to a non-legally binding commitment, whereby its own policy proposals benefit from a 'Sustainability Assessment', as part of the initiative to green EU policy-making. Past experience has shown, however, that translating such commitments into real action is frequently difficult.
What does an SEA involve?
Where an SEA is required under the Directive, the public authority will need to undertake it during the preparation of the plan or programme. It should be undertaken at an early stage so that it can help inform the preparation of the Plan or Programme, and not just at the end of the process when a decision is made.
An SEA report will need to be prepared which examines the likely significant environmental effects of the plan or programme including reasonable alternatives, as well as other information listed in an Annex. In deciding on the scope (or content) of a SEA report, and the level of detail, the authority will need to consult environmental authorities (to be defined by the Member States). Having then prepared the report, the environmental authority and the wider public must be given an 'early and effective opportunity' to comment on the draft plan or programme and accompanying SEA report. The Directive also covers the necessary consultation arrangements for plans and programmes which may have a trans-boundary
impact and affect another Member State.
A key objective of the SEA process is to help inform decision-making. Article 8 of the Directive, therefore, states that the SEA report along with the results of the consultations must be taken into account during the preparation of the plan and programme and before its adoption. Having done so, the Member States will need to ensure that the following information is made available to the public: the adopted plan or programme, the results of the consultation process, the SEA report, arrangements for monitoring environmental impacts, and an explanation of how environmental considerations were integrated into the plan or programme. This last requirement will be a key indicator of how effective the SEA has been in amending the plan or programme.
Responding to concerns expressed by the EEB that some SEA reports may be inadequate, the Directive also requires Member States to ensure arrangements are in place for proper quality control, and to inform the Commission of what these are.
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