EIA and SEA in Germany Federal German Act on EIA and SEA of The national system including transboundary environmental assessment -
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1 For our Environment Subregional Workshop on the Espoo-Convention and the SEA Protocol, Rabat, Morocco, April 2015 EIA and SEA in Germany Federal German Act on EIA and SEA of The national system including transboundary environmental assessment - Marianne Richter/ Section I 3.5 "Sustainable Spatial Development, Environmental Assessments"/ Federal Environmental Agency, Dessau, Germany
2 C O N T E N T S 1. Introduction Goal and contents of EIA/SEA International legal framework Geographical situation of Germany 2. EA in Germany - Federal German Act on EIA/SEA of 2011 Field of application Main procedural steps 3. Reflection on Law Making on Transboundary EA 4. Conclusion 2
3 1. INTRODUCTION - Goal and contents of EIA/SEA Environmental Assessments for Programmes, Plans and Projects Prognosis and assessment of the environmental effects of plan /project before it is authorized procedure to improve quality of decision international legal framework (UN ECE, EC, States) Main steps are Scoping Documentation of impacts of main option and alternatives Participation of authorities and public Taking results into account in decision [Right to appeal] Monitoring (ex-ante/ex-post)
4 1. INTRODUCTION - International legal framework United Nations Economic Commission for Europe (UN ECE) Espoo-Convention on transboundary EIA (1991) SEA-Protocol 2003 European Union EIA-Directive (1985) (1997/2011 cod.) SEA Directive 2001 Germany Federal EIA Act (1991/2002) Amendment SEA 2005 (EIA/SEA Act 2011 cod.) 4
5 1. INTRODUCTION - Geographical situation of Germany GEOGRAPHICAL SITUATION OF GERMANY Located in the heart of Europe Several neighbour states on the continent Related to more states by transboundary waters E.G. North sea/ Baltic sea, Danube river Bilateral agreements on EIA/SEA with several neighbour states 5
6 2. EA IN GERMANY - Federal German Act on EIA/SEA of EIA/SEA integrated into planning or decision making process PLANNING PROCEDURE (SECTORAL PLANNING ACT) Decision on SEA 14a - 14d Decision on elaboration of plan /programme Example: Integration of SEA into planning process (SEA) Scoping Environmental report 14g Participation 14h 14j First draft concept on contents of plan / program Final draft of plan/ programme including reasoning Participation of authorities and public Planning process Review of environmental report 14k para. 1 Decision on plan/ programme. taking into result of EIA.. 14k, para. 2 EIAAct.. Announcement including summarized statement and monitorng measures 14l Announcement to public Decision on adoption of plan / programme Monitoring 14m UVPG Monitoring according to Sectoral Planning Law Integrated SEA Procedure (German EIA Act) Steps of planning procedure SEAstep s Planning steps 6
7 2. EA IN GERMANY - Federal German Act on EIA/SEA of EIA/SEA Field of application (Annex 1 and 3) Projects (Annex 1 EIA/SEA Act) Public and private Projects - Power plant - Industrial installations - Pipelines - Motorways - Waste inceneration plants - Mining - Deforestation - Dams -.. Basically: any project which may harm the environment Plans (Annex 3 EIA/SEA Act) Public plans Spatial Planning (State, Region, Municipality) Sectoral Planning - Nuclear waste storage plan -Traffic Infrastructure plan - Electric grid plan - Flood protection plan - Water mamagement plan - Noise reduction plan - Clean Air plan - Waste management plan
8 2. EA IN GERMANY - Federal German Act on EIA/SEA of EIA Field of application (Annex 1) Ranking of projects according to magnitude or capacity: Mandatory EIA power plants >200 MW Case-by-case examination (screening): General case-by-case examination power plants 50 MW 200 MW Specific Case-by-case exmination power plants 20 MW 50 MW (restricted to investigation of especially susceptible project locations) Purpose: Case-by-case-examination means: Decision on need of EIA Rough and quick assessment by the competent authority whether a project may have considerable adverse impacts and thus requires an EIA or not. 8
9 2. EA IN GERMANY - Federal German Act on EIA/SEA of EIA procedure Information on project Decision whether EIA required Scoping Project application/ EIA documentation blue: high relevance for quality of decision Approval of EIA Documentation Participation of authorities and public Summarized description of impacts Proponent Realization of project Decision on project Monitoring 9
10 2. EA IN GERMANY - Federal German Act on EIA/SEA of EIA procedure with transboundary participation Information on project Notification in scoping phase Project application/ EIA documentation Notification Submission of EIA documentation/ participation Participation of public/authorities Bilateral Consultation Decision whether EIA required Scoping Approval of EIA Documentation Participation of authorities and public Assessment of project (preparation of summarized description of impacts ) Submission of Decision Proponent Monitoring Decision on project Monitoring 10
11 3. EA IN GERMANY - Federal German Act on EIA/SEA of Reflection on law making on transboundary EIA/SEA General reflections of German law maker when starting Competence: Authority to be competent for transboundary steps in Germany? Field of application: Which kind of projects subject to transboundary EIA/SEA? Significance: Limited knowledge on state of environment on territory of other state Starting point of transboundary EA: scoping phase or later? Public participation: Not entitled to act on the territory of other state. How to organize participation of foreign public (e.g advertising, hearing)? Translation: Foreigners will not be able to act in German language (and vice versa) Time Frames: German time frames sufficient for transboundary participation? What about legal time frames of affected Party? Financial implications (e.g. costs of translation) 11
12 3. EA IN GERMANY - Federal German Act on EIA/SEA of Reflection on law making on transboundary EIA/SEA Competence: Authority which is responsible according to for national legislation Field of application: Any decision making procedure with EIA/SEA* Significance: hardly to define (in practice roughly comparing against thresholds of Party of Orign) Starting point of transboundary EA: scoping phase (if possible) Public participation: according to rules of party of origin: time frame, letter or according to rules of affected party origin: announcement, display, collection of comments Translation*: Party of Origin covers all costs : PoO regularly transmitts translated documents affectecd party transmitts comments etc. in own language Time Frames: time frames of Party of Orign (under condition of translated documents) Financial implications: adminstrativ costs, beared by proponent * under prerequiste that equivalence and reciprocity is mainly given 12
13 Exkurs: Federal Republic of Germany - Law making and EIA in practice distribution of competencies Federal level EIA legislation Espoo point of contact State level Additional EIA legislation Carrying out EIA procedures including transboudary steps 13
14 Exkurs: Principle of Participation - equivalence Germany Poland NOx Is a transboundary impact possible? Is it significant? When is a notification reasonable? humidity Project noise Notification reasonable? Notification required significance: rough comparision of concentration against German thresholds hint: NOTIFY EVEN IN CASE OF ANY UNCERTAINTY 14
15 4. CONCLUSION EIA/SEA can contribute to a well-informed and sound decison EIA/SEA can protect the environment without denying economic and social needs EIA/SEA can prevent future remedial actions EIA/SEA can prevent or reduce conflicts with the public 15
16 Thank you for your attention Marianne Richter Section I 3.5 "Sustainable Spatial Development, Environmental Assessments" Federal Environment Agency, Dessau, Germany Subregional Workshop Espoo and SEA Protocol in the Mediterranean Region, 16
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