IA Network Webinar Competent Experts EIA Directive Transposition Series. 28 April 2016

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1 IA Network Webinar Competent Experts EIA Directive Transposition Series 28 April 2016

2 Can t hear us? Let us know through the box on the right side of your screen.

3 Catch up on the webinar The slides and recording will be available on our website later today at but we ll you a link as well

4 IA News April 2016 ESIA and IFI Update Proportionate EIA IEMA on International Stage (HK, Japan, EC, Nigeria, MENA, Peru) Health & EIA Briefing Note IEMA & IA Network 2016 Publications IA Network Webinars to end 2016

5 EIA Directive Transposition Series Competent Experts Today s Webinar: What does 2014/52/EU say about experts? (JF) What is competence & expertise? (Rufus Howard, RH DHV) IEMA Position & EU Progress Competent Experts (JF) Sufficient Expertise in LPAs (Harriet Peacock, LBTH) Perspective on the role of IEMA Registers (RH) Q&A

6 What does 2014/52/EU say about experts? Josh Fothergill, IEMA

7 2014/52/EU Establishes a new direction for the once procedurally focussed EIA Directive Significant focus on Quality in EIA 2011/92/EU = zero references to quality of EIA in pre-amble 2014/52/EU = five references to quality of EIA in pre-amble

8 Experts & Expertise /52/EU Pre-amble (Para 33) Experts involved in the preparation of environmental impact assessment reports should be qualified and competent. Sufficient expertise, in the relevant field of the project concerned, is required for the purpose of its examination by the competent authorities in order to ensure that the information provided by the developer is complete and of a high level of quality.

9 Experts & Expertise /52/EU Article 5 3.In order to ensure the completeness and quality of the environmental impact assessment report: (a) the developer shall ensure that the environmental impact assessment report is prepared by competent experts; (b) the competent authority shall ensure that it has, or has access as necessary to, sufficient expertise to examine the environmental impact assessment report;

10 What is competence & expertise? Rufus Howard, Royal Haskoning DHV

11 IEMA Position: Article 5(3)(a) Competent Experts Josh Fothergill, IEMA

12 Recap: 2014/52/EU Article 5 (3) (a) - the developer shall ensure that the environmental impact assessment report is prepared by competent experts AND Paragraph 33 (Pre-amble): Experts involved in the preparation of environmental impact assessment reports should be qualified and competent.

13 Competent Experts in What? What does the Directive tell us? 1 Article 5 (3) (a) - the developer shall ensure that the environmental impact assessment report is prepared by competent experts What does that mean? Experts competent in preparation of EIA Reports (ES)

14 Competent Experts in What? What does the Directive tell us? 2 Pre-amble (Para 32) Data and information included by the developer in the environmental impact assessment report, in accordance with Annex IV to Directive 2011/92/EU, should be complete and of sufficiently high quality. What does that mean? Future ES must have complete and sufficiently high quality data and information regarding relevant parts of Annex IV

15 Competent Experts in What? What doesn t the Directive tell us? Who it refers to with regards competent experts: a) EIA Co-ordinator b) Lead Topic Specialists + a) c) Anyone contributing to topic assessments + b) d) Anyone who works on the ES Definition of: - Qualified - Competent - Expert

16 Competent Experts - IEMA Position Government & Devolved Admins should... 1) Minimise risk of legal challenge by avoiding undue interpretation 2) Aim to deliver a single approach across all the UK s EIA Regulations 3) Enable a market led approach to compliance, but provide general guidance in collaboration with professional bodies 4) Define a minimum requirement that the EIA Co-ordinator is a competent expert

17 Competent Experts - IEMA Position An EIA Co-ordinator should be considered a Competent Expert if they can demonstrate: 1) Full membership of a relevant professional body; and 2) Sufficient relevant experience of leading the EIA process; and 3) Evidence of recent continuing professional development relevant to maintaining expertise in the co-ordination of the EIA process to ensure quality and completeness of data and information referred to in Annex IV

18 Competent Experts EU Progress IEMA s 2013 concerns are being realised... The lack of definition / clarification related to 2014/52/EU s Competent Expert requirements are failing to deliver a harmonised approach between Member States. - EIA Co-ordinator only: Poland - Co-ordinator & Lead Topic Specialist: Lithuania Majority of MS are still grappling with this. Likely outcome = ECJ challenge before 2020 to define 5(3)(a)

19 Sufficient Expertise in LPAs Harriet Peacock, London Borough of Tower Hamlets

20 EIA Directive Competent Experts & Sufficient Expertise Q&A