§4.1 Comparison of procedures under appropriate assessment (AA), EIA and SEA

AA EIA SEA Which types of developments are targeted? Any plan or project which – either individually or in combination with other plans/projects – is likely to have a significant effect on a Natura 2000 site (excluding plans or projects directly connected to the conservation management of the site). All projects listed in Annex I. For projects listed in Annex II the need for an EIA shall be determined on a case-by-case basis or through thresholds or criteria set by Member States (taking into account criteria in Annex III). All plans and programmes, or amendments thereof, which: (a) are subject to preparation and/or adoption by an authority and national, regional and local level; (b) are required by legislative, regulatory or administrative provisions; (c) are prepared for agriculture, forestry, fisheries, energy, industry, transport, waste management, water management, telecommunications, tourism, town and country planning or land use and set the framework for future development consent of projects listed in Annexes I and II to the EIA Directive; or which, in view of the likely effect on sites, have been determined to require an assessment pursuant to Article 6 or 7 of Directive 92/43/EEC. What impacts need to be assessed relevant to nature? The assessment should be made in view of the site’s conservation objectives (which relate to the species/habitat types significantly present on the site). The impacts should be assessed to determine whether or not they will adversely affect the integrity of the site concerned. Direct and indirect, secondary, cumulative, transboundary, short, medium and long-term, permanent and temporary, positive and negative significant effects on population and human health; biodiversity, with particular attention to species and habitats protected under Directive 92/43/EEC and Directive 2009/147/EC; land, soil, water, air and climate and landscape; material assets, cultural heritage and the landscape; and the interaction between these factors. Likely significant effects on the environment, including on issues such as biodiversity, population, human health, fauna, flora, soil, water, air, climatic factors, material assets, cultural heritage including architectural and archaeological heritage, landscape and the interrelationship between the above factors. Who is responsible for the assessment? It is the responsibility of the competent authority to ensure that the AA is carried out. In that context the developer may be required to carry out all necessary studies and to provide all necessary information to the competent authority in order to enable it to take a fully informed decision. In so doing the competent authority may also collect relevant information from other sources as appropriate. The developer supplies the necessary information to be duly taken into account, together with the results of consultations, by the competent authority issuing the development consent. The SEA Directive leaves Member States with a wide margin of discretion in assigning the responsible authorities for SEA. These could either be the authorities in charge of making a plan/programme, the environmental authorities, who are consulted ex lege on the scope and level of detail of the information that must be included in the environmental report, as well as the draft plan/programme and the accompanying environmental report; or the authorities specifically entrusted with running the SEA procedure. Are the public/other authorities consulted? The Habitats Directive does not contain an explicit obligation to obtain the opinion of the general public when authorising plans or projects requiring an appropriate assessment. According to the wording of Article 6(3) this has only to be done if it is ‘considered appropriate’. However, the Court has clarified that, on the basis of the requirements of the Aarhus Convention , the public concerned, including recognised environmental NGOs, has the right to participate in the authorisation procedure (C-243/15 paragraph 49). This right involves in particular, ‘the right to participate “effectively during the environmental decision-making” by submitting, “in writing or, as appropriate, at a public hearing or inquiry with the applicant, any comments, information, analyses or opinions that it considers relevant to the proposed activity”’ (C-243/15, paragraph 46). Compulsory – consultation before adoption of the development proposal. Member States must take the measures necessary to ensure that the authorities likely to be concerned by the project (including environmental, local and regional authorities) are given an opportunity to express their opinion on the request for development consent. The same principles apply for consulting the public concerned. In case of likely significant effects on the environment in another Member State, the relevant authorities and the public in that Member State must be consulted. Compulsory – consultation before adoption of the plan or programme. Member States must consult the authorities, which by reason of their specific environmental responsibilities are likely to be concerned by the environmental effects of implementing a plan/programme. The public, including the public affected or likely to be affected or having an interest in, the decision-making, including NGOs, should be consulted. The authorities and the public shall be given an early and effective opportunity within appropriate time frames to express their opinion on the draft plan or programme and the accompanying environmental report before the adoption of the plan or programme or its submission to the legislative procedure. In case of likely significant effects on the environment in another Member State, the relevant authorities and the public in that Member State must be consulted. How binding are the outcomes of the assessment? Binding. The competent authorities may agree to the plan or project only after having ascertained that it will not adversely affect the integrity of the site. The results of the consultations and the information gathered as part of the EIA ‘ shall be duly taken into account ’ in the development consent procedure. The decision to grant development consent shall incorporate at least the reasoned conclusion (i.e. the EIA decision) and any environmental conditions attached to the decision. The environmental report and the opinions expressed ‘ shall be taken into account ’ during the preparation of the plan or programme and before its adoption or submission to the legislative procedure.

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Source: EUR-Lex (Cellar) · retrieved 2026-09-07