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Section 2 HORIZONTAL LEGISLATION

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Section 2 HORIZONTAL LEGISLATION Section 2 HORIZONTAL LEGISLATION SECTION 2 – HORIZONTAL LEGISLATION List of Contents Horizontal Legislation - Overview 31 The Environmental Impact Assessment Directive 57 The Strategic Environmental Assessment Directive 77 The Directive on Access to Environmental Information 91 The Public Participation Directive 103 The Environmental Liability Directive 111 Regulation on European Pollutant Release and Transfer Register 121 The LIFE+ Regulation 133 The INSPIRE Directive 141 The Reporting Directive 151 The European Environment Agency Regulation 155 Recommendation on Environmental Inspections in Member States 161 Handbook on the Implementation of EC Environmental Legislation 29 SECTION 2 – HORIZONTAL LEGISLATION 30 Handbook on the Implementation of EC Environmental Legislation SECTION 2 – HORIZONTAL LEGISLATION HORIZONTAL LEGISLATION - OVERVIEW Horizontal Legislation - Overview 1. Introduction and Sector Overview This section of the Handbook deals with horizontal EC legislation. It contains an introductory overview of the sector followed by individual fiches for selected pieces of legislation. 1.1 EU Policy The horizontal sector is concerned with environmental legislation on various matters which cut across different environmental subject areas, as opposed to regulations which apply to a specific sector, e.g. water or air. Rather than to regulate a specific area, these items of legislation are more procedural. They provide for methods and mechanisms aimed at improving decision making and legislative development and implementation. The legislation in this sector covers: • environmental impact assessment (EIA) of proposed development projects; • strategic environmental assessment of proposed plans and programmes; • public access to environmental information; • reporting requirements; • the European Pollutant Release and Transfer Register; • infrastructure for spatial information (INSPIRE Directive); • the establishment of a European Environment Agency (EEA) and participation therein; • minimum requirements for environmental inspections; • environmental liability; and • the LIFE+ (L’Instrument Financier pour l’Environnement) programme to fund certain environmental improvement projects. 1.2 EC Legal Instruments Eleven legal instruments are given particular consideration in the horizontal sector, comprising seven directives, three regulations and one recommendation, which are listed in the Box below. Legislation Considered in the Horizontal Sector • Council Directive 97/11/EC of 3 March 1997 amending Directive 85/337/EEC on the Handbook on the Implementation of EC Environmental Legislation 31 SECTION 2 – HORIZONTAL LEGISLATION HORIZONTAL LEGISLATION - OVERVIEW assessment of the effects of certain public and private projects on the environment, as amended by Directive 2003/35/EC). • Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment. • Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC. • Directive 2003/35/EC, providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment and amending, with regard to public participation and access to justice, Council Directives 97/11/EC and 96/61/EC8. • Council Directive 91/692/EEC of 23 December 1991 standardising and rationalising reports on the implementation of certain directives relating to the environment. • Directive 2004/35/CE on environmental liability with regard to the prevention and remedying of environmental damage, as amended by Directive 2006/21/EC. • Regulation (EC) No 166/2006 concerning the establishment of a European Pollutant Release and Transfer Register. • Regulation (EC) No 614/2007 of the European Parliament and of the Council of 23 May 2007 concerning the LIFE+ financial instrument for the environment. • Directive 2007/2/EC of the European Parliament and of the Council of 14 March 2007 establishing an infrastructure for spatial information in the European Community (INSPIRE). • The European Environment Agency Regulation (1210/90) as amended by Council Regulation (EC) 933/1999). • Minimum criteria for environmental inspections (Recommendation 2001/331/EC). The following text provides a brief synopsis of the main requirements of each instrument. More detailed information on specific obligations is given in the fiches following this chapter. There are differences between these instruments with regard to the actors responsible for their implementation. In the case of the two regulations, the main actors are central bodies established and funded from the Commission budget and not the Member States directly. One is the European Environment Agency based in Copenhagen and the other is the LIFE+ programme, managed by a team operating within DG ENV of the European Commission. In the case of the directives, the major actors are the Member States themselves, although the Commission may play a significant role as central authority. 1.2.1 Council Directive 97/11/EC of 3 March 1997 amending Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment, as amended by Directive 2003/35/EC). This directive sets out the requirements for undertaking environmental assessments of environmental impacts of public and private projects which are likely to have a significant impact on the environment, before development consent is granted. Detailed procedural guidance on 8 Directive 96/61/EC and other relevant legislation concerning IPPC have been codified through Directive 2008/1/EC. This act repealed public participation and access to justice in Directive 2003/35/EC. However, a text identical to this is now envisaged in the 2008 directive. 32 Handbook on the Implementation of EC Environmental Legislation SECTION 2 – HORIZONTAL LEGISLATION HORIZONTAL LEGISLATION - OVERVIEW the main stages of EIA is set out in the following three European Commission publications (June, 2001) available on the DG Environment website: “Guidance on EIA – Screening”; “Guidance on EIA – Scoping”; and “Guidance on EIA – EIS Review” (available at http://ec.europa.eu/environment/archives/eia/eia-support.htm). The Commission published guidelines in 2006 on how to interpret Article 2(3) of the directive, which provides that Member States may, in exceptional cases, exempt specific projects in whole, or in part, from the provisions of the directive. This guidance can be accessed at http://ec.europa.eu/environment/archives/eia/pdf/eia_art2_3.pdf. Projects are classified in two groups: projects listed in Annex I are all subject to compulsory EIA; while for projects in Annex II, the assessment contains an element of discretion, noting that an EIA procedure will, in any event, be required for projects with potentially significant environmental impacts. For Annex II projects, Member States must adopt criteria for assessment on a case-by-case basis or by setting thresholds and criteria for specific types of projects or by a mixture of the two methods. The assessment covers direct and indirect effects of the project on humans, fauna and flora, soil, water, air, climate and the landscape, material assets and cultural heritage as well as the interactions between these factors. In 2008, the Commission published guidance on the interpretation of definitions of certain project categories of Annexes I and II of the EIA Directive. This guideline is available on the website of Directorate General for the Environment at: http://ec.europa.eu/environment/eia/pdf/interpretation_eia.pdf. Much emphasis is placed on consultation with, and access to information for, statutory consultees and the public as well as other Member States where projects are likely to have significant transboundary environmental impacts. 1.2.2 Strategic Environmental Assessment Directive (SEA) (2001/42/EC). This directive sets out obligations for public authorities (or those “privatised” organisations that provide public services) to identify and assess the potential significant environmental effects of proposed plans and programmes (not policies), including those of a transboundary nature. This is done with a view to mitigating or avoiding potentially significant environmental impacts before the plan or programme is approved. Member States shall determine which plans and programmes will be subject to an SEA based on Article 3 of the directive. Annex II of the directive offers assistance in evaluating significant effects while Annex I provides guidance as to information to be included in the assessment. The decision-making process at the planning level aims at a high level of transparency and procedural similarities exist between the SEA Directive and the EIA Directive. Consultation is emphasised in the directive and the public and environmental authorities are invited to participate in the SEA procedure and give their opinions. All consultation-based opinions and views should be integrated and taken into account in the course of the planning procedure. In the implementation phase, the significant effects of the approved plan or programme have to be monitored in accordance with Article 10. The Commission has published several guidance documents to facilitate the interpretation and understanding of the SEA Directive and the requirements involved. This guidance includes the Manual on Strategic Environmental Assessment of Transport
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