SEA-Manual. ,,Environmental Protection Objectives. Final report. EIA-Association (Ed.) UVP-Gesellschaft e.v. July 2000

Transcription

1 SEA-Manual,,Environmental Protection Objectives Final report EIA-Association (Ed.) UVP-Gesellschaft e.v. July 2000 Daniel Rauprich Dieter Wagner Johannes Auge Dr. Frank Scholles Peter Wagner Translation: Dr. Katharina Marr-Klipfel

2 SEA-Manual Environmental Protection Objectives Final report 1 Content: 1. Purpose of the grant Methodology Results and further tasks Contents Application of Environmental Objectives Database Annexes... 9

3 SEA-Manual Environmental Protection Objectives Final report 2 1. Purpose of the grant Since its foundation, the German EIA Association (UVP-Gesellschaft e.v., Hamm, Germany) is promoting the improvement and development of EIA as an instrument of precautionary environmental protection. For example, the UVP-Gesellschaft has developed a number of guidebooks and manuals and has organised numerous conferences on EIA. When project EIA first was introduced, difficulties arose due to uncertainties regarding procedures and assessment standards. This led to delays and conflicts making an efficient application of EIA more difficult. The proposed directive on assessment of the effects of certain plans and programmes on the environment now extends the area of application of environmental assessment. The UVP-Gesellschaft has argued for an inclusion of plans and programmes into the area of application of EIA for a long time and welcomes the proposed directive. From experiences gained with the introduction of project EIA, the UVP- Gesellschaft argues for an early provision of manuals in order to avoid implementation deficits. The proposal of the European Commission for a Council Directive on the Assessment of the Effects of Certain Plans and Programmes on the Environment requires the preparation of an environmental report (Article 5). The information requirements are specified in the annex to the Directive. According to para. (d), information has to be provided on: the environmental protection objectives, established at international, Community and Member State level, which are relevant to the plan or programme and the way those objectives and any environmental considerations have been taken into account during its preparation. The requirement to provide information on environmental protection objectives is a significant advance in comparison to the EIA Directive which focuses on procedure rather than on substance. Until now, the discussion of the proposed SEA Directive concentrated on procedural questions. However, in future, the information requirements of Article 5 will be at least as relevant for practice. In particular, the environmental protection objectives will be of importance because the way these objectives have to be taken into account needs to be outlined in the environmental statement. However, the identification of environmental protection objectives established at international and Community level will not be straightforward for competent authorities in the Member States. In project EIA, in most cases, environmental standards are considered. Environmental protection objectives, however, are only rarely applied in project EIA. In contrast to EIA, in SEA indirect and cumulative effects need to be considered in detail and environmental quality objectives have to play a role. In many cases, environmental protection objectives can be derived from programmes and development objectives.

4 SEA-Manual Environmental Protection Objectives Final report 3 The requirements of Annex I para (b), para (c), para (d), and para (e) have to be considered together, because environmental protection objectives determine the description of the environmental characteristics of an area and significant environmental effects can only be described and evaluated if there are indicators available. Studies commissioned by DG XI or other DGs show, that this topic needs further investigation (see: Strategic Environmental Assessment-Legislation and Procedures in the Community (1995), State of the Art on Strategic Environmental Assessment for Transport Infrastructure (1996), especially A Study to Develop and Implement an Overall Strategy for EIA/SEA Research in the EU (1997).In relation to the evaluation of Structural Funds Programmes some methods have already been developed (A Handbook on Environmental Assessment of Regional Plans and EU Structural Funds Programmes (1998)). In order to facilitate the requirements of the SEA Directive to be met in practice, planners and decision-makers need to be provided with information on environmental protection objectives. Therefore, the UVP-Gesellschaft recommended the preparation of a manual and a database specifically for this purpose. The database can be applied to other tasks as well where environmental concerns are of importance, e.g., Structure Funds Programmes or development aid programmes. The structure of a database should be EU-wide uniform to enable a transboundary assessment of environmental effects of plans and programmes in neighbouring countries. The grant enabled the UVP-Gesellschaft to prepare an extensive database, to test it with the help of experts and to present it on conferences. The database and the manual are an important part of the effort of the UVP-Gesellschaft to encourage an early and comprehensive consideration of environmental concerns on the level of plans and programmes.

5 SEA-Manual Environmental Protection Objectives Final report 4 2. Methodology The following task were carried out in the course of the preparation of the database and the manual: survey addressed to all European EIA centres on their experience with SEA and national environmental quality objectives, request for information from European and international authorities and organisations (e.g.; European Commission, European Environment Agency), analysis of existing databases, presentation of the draft version to employees of the General Directorate Environment, presentation of the draft version on conferences which were organised by the UVP- Gesellschaft or on which the UVP-Gesellschaft was invited as a speaker, presentation of the database at three expert meetings of regional planners in the course of a study on SEA in regional planning in the federal state of Northrhine-Westfalia, transmission of the database to the German Environment Agency, transmission of the database to the European Topic Centre of Data Sources (it will be examined whether the database can be adopted by the European Topic Centre), pilot tests of the database on the Northrhine-Westfalian Road Plan, local EIA, operational programme INTERREG III, presentation of the database on a meeting of European EIA experts.

6 SEA-Manual Environmental Protection Objectives Final report 5 3. Results and further tasks A database on a CD and a manual (in German and English) containing a short introduction and directions for the application of the database were prepared. The database itself is in English. This has the advantage that it can be applied immediately Europe-wide. The search of environmental factors and development sectors is straightforward even for users with limited knowledge of English. Reference is made to the relevant directives, conventions and agreements together with their internet address. Usually, EU references are available in all official languages of the Union enabling the user to switch to his or her native language. Of the manual and the database, 150 copies have been prepared and handed out to EIA experts. A fast and comprehensive circulation of the manual and the database is ensured by the journal of the UVP-Gesellschaft (UVP-report), the homepage and the presentation of the database at expert meetings. Manual and database are of important added value: For the EIA participators (authorities, consultants, the public), uncertainty of the requirements on all stages of the assessment process (screening, scoping, preparation of the report, review) is reduced. The database has been specifically designed for the purpose of SEA and is straightforward to use. Furthermore, the database offers links to environmental indicators. This helps to identify quantifiable indicators in the preparation of the environmental statement. The database is a prototype. It is ready for usage in practice. However, a further development will be necessary. Suggestions from practitioners how to improve the database are needed. There remains enough time for the further development of the database prior to the legal implementation of the directive in the Member States. The addition of national environmental objectives in each Member State would certainly be useful. The structure of the national databases in the Member States should remain comparable. This is important for transboundary SEAs.

7 SEA-Manual Environmental Protection Objectives Final report 6 4. Contents The database can be searched for environmental factors and development sectors. Furthermore, a combined search factors/sectors is possible. In addition, catchwords can be searched for. The basis for this feature of the database is the EUROVOC Thesaurus enabling the user to switch from one language to another with the help of numbers. Environmental quality objectives are explained. Indicators are included (European Commission, Joint Research Centre, Institute for Systems, Informatics and Safety (ed.) - A European System of Environmental Pressure Indices, first Volume of the Environmental Pressure Indices Handbook: The Indicators (Draft April 20, 1999). As far as they are available, environmental targets are included. This is also meant as a suggestion of how to further develop the database in future.

8 SEA-Manual Environmental Protection Objectives Final report 7 5. Application of Environmental Objectives Database The manual and the database have been applied, tested and discussed at the following planning procedures: Land use planning in the city of Dortmund The Umweltamt (Environmental Agency) of the city of Dortmund is responsible for reviewing the land use plans in the city of Dortmund in respect to the consideration of environmental effects. The land use planning procedures (Flächennutzungsplan, Bebauungsplan) are almost in accordance with the SEA directive being discussed. Therefore there is already quiet some experience with the application of environmental objectives. Spatial planning for three planning regions in the State of Northrhine-Westfalia The Bezirksregierungen (State agencies l) are responsible for spatial planning in the Regierungsbezirke in the State of Northrhine-Westfalia. There are five such districts in Northrhine-Westfalia. In the course of a research project conducted by the UVP-Gesellschaft, there have been discussions with the Bezirksregierungen about the formal requirements of the proposed SEA directive and to what extent they are already applied in practice. One important aspect has been the application of environmental objectives and sources for such objectives. Improving the methodology for SEA for the Landesstraßenbedarfsplan The former Landesstraßenbedarfsplan (State Programme for Road Transport) in the State of Northrhine-Westfalia will be developed into the direction of a comprehensive mobility programme including public transport. The already existing methodology for consideration of environmental effects will be further improved. The Landschaftsverband Rheinland (which will be transferred to a different agency at the end of the year 2000) has been responsible for the development and application of this methodology. Operational Programmes for INTERREG IIIC The regulations for the development of operational programmes for INTERREG III (structure fund) call for the consideration of environmental effects. INTERREG IIIC is concerned with transboundary programmes. Therefore EU-level environmental objectives should play an important part. The database has been applied for two programmes (Rhein-Waal, rhein-maasnord). General conclusions from all these projects in respect to the database are: There is generally a lack of knowledge of EU-wide and international environmental objectives. This is understandable because up to now there have been no further requirements to take them into account. People involved see the urgent need to have access to easy to use and up to date information on environmental objectives, once they have to apply the SEA directive.

9 SEA-Manual Environmental Protection Objectives Final report 8 A database is seen to be as very helpful for practical application. It will be important that it is easy to handle. There needs to be a clear definition of the term environmental objectives especially in relation to environmental standards, indicators etc. Otherwise there may be different interpretations in the various Member States which would lead to unnecessary conflicts, especially when there are transboundary effects to be expected. First of all the most important task of the database will be to function as kind of a checklist to make sure that all environmental objectives have been considered. Secondly it can be utilized to develop additional environmental objectives in areas, where are only few exist, to improve plans and programmes in respect to environmental quality. There should be a link to national systems of environmental objectives. In many cases EU-wide and international objectives have been transposed into national law or regulations. In these cases it could be confusing, if this information is lacking within the database. Most people would like a database, that contains all the information needed and where there would be no need to consult additional sources, even if they can be approached by a direct link from the original environmental objectives database (it is doubtful whether this is feasible because there would not only a constant need to update the sources but to update the content of the sources, too.) All people consulted emphasized the importance to keep the database updated.

10 SEA-Manual Environmental Protection Objectives Final report 9 6. Annexes The annexes demonstrates the structure and contents of the database: The starting pages of the main menu (Annex I), list of sources for environmental objectives, that are part of the database (Annex II / this list has to be continuesly updated), detailed list of the environmental objectives with sources, contacts, internet links and summary (No. 1 to 139 / Annex III), detailed list of indicators with sources, contacts, internet links and summary (No. 141 to 230 /Annex IV).