§5.2.1 Opportunities for and benefits of streamlining EIA/SEA and appropriate assessment

There are several advantages to streamlining EIA/SEA and appropriate assessments. They can, for instance, help to better understand the relationships between different environmental factors, avoid duplication of assessments, contribute to making more efficient use of resources needed to carry out the assessments, and enable better coordination in permitting procedures. Key elements for effective streamlining of appropriate assessment and EIA/SEA include: — close cooperation between responsible authorities; — adequate scoping, which is a common practice in the EIA and SEA procedures; — close cooperation and proper information exchange between the experts preparing the EIA/SEA and the experts conducting the appropriate assessment (e.g. information about noise, air, water, soil issues by the respective expert to the expert in biodiversity); — quality control by the competent authority; — clear and distinct conclusions for each of the streamlined assessment procedures. Several provisions of the EIA and SEA Directives are relevant to the Article 6(3) appropriate assessment and can contribute to its quality in the context of streamlined implementation. They include: Scoping ‘Where requested by the developer, the competent authority […] shall issue an opinion on the scope and level of detail of the information to be included by the developer in the environmental impact assessment report’ (Article 5(2), EIA Directive). The SEA Directive provides for mandatory consultation of the authorities with powers in the field of the environment, aiming to improve the quality of the environmental report: ‘The authorities referred to in Article 6(3) shall be consulted when deciding on the scope and level of detail of the information which must be included in the environmental report’ (Article 5(4), SEA Directive). Ensuring quality and completeness of the assessment ‘The developer shall ensure that the environmental impact assessment report is prepared by competent experts; the competent authority shall ensure that it has, or has access as necessary to, sufficient expertise to examine the environmental impact assessment report; and where necessary, the competent authority shall seek from the developer supplementary information, […] which is directly relevant to reaching the reasoned conclusion on the significant effects of the project on the environment’ (Article 5(3), EIA Directive). Consultation and public participation ‘Member States shall take the measures necessary to ensure that the authorities likely to be concerned by the project by reason of their specific environmental responsibilities or local and regional competences are given an opportunity to express their opinion on the information supplied by the developer and on the request for development consent… In order to ensure the effective participation of the public concerned in the decision-making procedures, the public shall be informed electronically and by public notices or by other appropriate means, of the following matters early in the environmental decision-making procedures and, at the latest, as soon as information can reasonably be provided’ (Article 6, EIA Directive). ‘Member States shall ensure that their conclusions […] on whether plans or programmes are likely to have significant environmental effects […], including the reasons for not requiring an environmental assessment […], are made available to the public’ (Article 3, SEA Directive). ‘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. Member States shall designate the authorities to be consulted which, by reason of their specific environmental responsibilities, are likely to be concerned by the environmental effects of implementing plans and programmes. Member States shall identify the public […], including the public affected or likely to be affected by, or having an interest in, the decision-making subject to this Directive, including relevant non-governmental organisations, such as those promoting environmental protection and other organisations concerned.’ (Article 6, SEA Directive). Monitoring ‘Member States shall ensure that the features of the project and/or measures envisaged to avoid, prevent or reduce and, if possible, offset significant adverse effects on the environment are implemented by the developer, and shall determine the procedures regarding the monitoring of significant adverse effects on the environment’ (Article 8a, EIA Directive). ‘Member States shall monitor the significant environmental effects of the implementation of plans and programmes in order, inter alia, to identify at an early stage unforeseen adverse effects, and to be able to undertake appropriate remedial action’ (Article 10, SEA Directive). Information to the public and consulted authorities ‘When a decision to grant or refuse development consent has been taken, the competent authority or authorities shall promptly inform the public and the authorities [likely to be concerned by the project] thereof, […] and shall ensure that the following information is available…: the content of the decision and any conditions attached thereto […]; the main reasons and considerations on which the decision is based’ (Article 9, EIA Directive). Conflict of interest ‘Member States shall ensure that the competent authority or authorities perform the duties arising from this Directive in an objective manner and do not find themselves in a situation giving rise to a conflict of interest. Where the competent authority is also the developer, Member States shall at least implement, within their organisation of administrative competences, an appropriate separation between conflicting functions when performing the duties arising from this Directive.’ (Article 9a, EIA Directive) Transboundary impacts Article 7 of the EIA Directive sets the provisions for assessing projects with transboundary impacts, including the requirements to inform another Member State where likely significant effects of a plan or project are envisaged on that Member State. The Member State that may be affected can then participate in the assessment if it so wishes. The EU has signed the Convention on Environmental Impact Assessment in a Transboundary Context (the Espoo Convention). In order to coordinate and facilitate the assessment procedures for cross-border projects, and in particular to conduct consultations in accordance with the Convention, the Member States concerned may set up a joint body, on the basis of equal representation. Transboundary consultations are also envisaged and regulated under the SEA Directive (Article 7). These provisions on transboundary consultations are also highly relevant in terms of the overall goals of the Birds and Habitats Directives and the Natura 2000 network. This is because they provide an important preventive tool during the appropriate assessment of a plan or project whose adverse effects could jeopardise these goals in a neighbouring Member State.

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