Social-scientific and legal bioeconomy & EIA research at the UEF Opening and Introduction #EIALAW Prof. Ismo Pölönen, UEF Law School Nov 9, 2017 Meeting of the EIA researchers, Aalborg Prof. Ismo Pölönen (@IsmoPolonen), UEF Law School, EIALAW 2018, Helsinki, 23rd March 2018 6.12.2018

Welcome to EIALAW 2018! University of Eastern Finland (UEF Law School) The Finnish Association for Impact Assessment In collaboration with Environmental Assessment and Management Research Centre (University of Liverpool).   Esityksen nimi / Tekijä 10.03.17 2

Who are we? UEF Law School The leading Finnish research and educational institution in the area of climate change, energy and environmental law. The widest selection of (multidisciplinary and internationally oriented) environmental law courses in Finland. Six professors and around 30 researchers focusing on environmental, climate change and energy law. Policy-relevant research on EIA law, theory and practices since 2002. Joensuu University of Eastern Finland has campuses in the cities of Joensuu and Kuopio.

Who are we? The Finnish Association for Impact Assessment (FAIA 1994-) FAIA serves as a networking and discussion forum for all who are working with or interested in environmental impact assessment. Main aim is to promote EIA practices and research in the field. About 200 individual members and 10 corporate members representing various EIA stakeholders in Finland: consultants, corporate managers, public authorities, planners, researchers, teachers, citizens and NGOs. FAIA organizes annual Impact Assessment Conferences. 6.12.2018

Background of the conference Renewal of the Directive on environmental impact assessment 2011/92/EU, amendment 2014/52/EU Project proposal to the Academy of Finland “Environmental Impact Assessment Law in Transition – Keys for Smart Re-design and Implementation (EIALAW 2016-2018)” Research-based support for the transposition & national reform. Aim of high societal effectiveness Research Plan (April 2016): The proposed “project will co-organize with the Finnish EIA Association and University of Liverpool an international conference on the implementation of EIA Directive in the EU member states in 2018.” 6.12.2018

Key themes of the day Experiences with implementation of the revised EIA Directive in the MSs / open & unclear issues. sharing good implementation practices & challenges How can we utilize the flexibility in the new legal framework and discretion left for the MSs in a smart way? Discussions (open for all) after each presentation You can share your thoughts also with #EIALAW during and after the conference. 6.12.2018

Role of (EIA) law Providing procedural frames reflecting the principles of the EIA (theory). Legal guarantees of application, procedural steps & rights and minimum contents. (Well-designed) EIA law as a catalyst for utilisation of preventive, integrative and democrative functions of EIA. Many other factors matter as well Legal order as a whole (role of sub. law) Education / guidance Role of central administ. & networks Resources, organization cultures, values and attitudes of the stakeholders, political and economic contexts, new modes of communication (Some) etc. Monograph on EIA law, theory and practice (2018, forthcoming). Synthesis of the EIALAW project (2016-18)

EIA & Law (regulatory choises) Level and form of the regulation EU/national/state/regional Hard law, soft law, self-regulation Level of detail and flexibility Procedural steps Content requirements of scoping documents, EIA report, reasoned conclusions Timing Relationships to other procedures Integration 6.12.2018

EIA & Law (magnitude of legal steering ) Too strong legal approach Weak cost-effectiveness: EIA includes unnecessary procedural steps, produces irrelevant information e.g. “bullet proof” EIA reports fear of court proceedings EIA perceived as a legal hurdle race by the developers and avoided as often as possible. Weak incentives to use EIA as a collaborative planning tool. Too weak legal approach: EIA not carried out when needed Quality problems (no incentives to produce high quality EIA reports) Lack of trust to the outcomes of the EIA without PP rights and credible quality control EIA has weak substantial influence to the planning & decision-making Decision-maker has no competence or duty to take EIA fully into consideration. 6.12.2018

SCHEDULE OF THE DAY 9:00 Opening and introduction, Prof. Ismo Pölönen, UEF Law School 9:20 A Glance to the past: Experiences in implementing the original EIA Directive, Member of EU Parliament, former Minister of Environment, Sirpa Pietikäinen 9:45 EIA in the EU: past, present and future, Prof. Thomas Fischer, Environmental Assessment and Management Research Centre, University of Liverpool   10:30 Coffee 11.00 An Accreditation of the EIA Consultants as a mean to enhance EIA quality – Experiences from Estonia, Heikki Kalle, Estonian Environment Institute (EKKI), Charlotta Faith-Ell WSP Sweden and EKKI, Jos Arts (University of Groningen) 11.30 Place of EIA in the development control: one-stop shop vs multi-stage permitting, Jerzy Jendrośka, Opole University 12:00 Quality control by an independent Commission, Gijs Hoevenaars, Netherlands Commission for Environmental Assessment 12.30 The reluctant modernization of the German EIA Law, Gesa Geißler, Markus Günther and Johann Köppel, Berlin Institute of Technology 13.00 Lunch

SCHEDULE OF THE DAY 14:00 Streamlining EIA: A Proactive National Example - The UK’s Proportionate EIA Strategy   Josh Fothergill, Fothergill Training & Consulting Ltd   14:30 Screening decisions in Appropriate Assessment in Estonia Kaja Peterson, Stockholm Environment Institute Tallinn Centre & Siim Vahtrus (Estonian Environmental Law Centre) 15:00 Analysis of the new Swedish EA law from an effectiveness perspective Charlotta Faith-Ell, Director of Research, WSP Sweden and Estonian Environment Institute 15:30 Coffee 16.00 What constitutes a sound EIA system? – Reflections from a Canadian perspective Prof. Kevin Hanna, University of British Columbia 16.30 Panel discussion: Renewal of the EIA Directive  Directive – towards greater effectiveness? Jerzy Jendrośka, Charlotta Faith-Ell, Gijs Hoevenaars and Ismo Pölönen 17.15 Closing & buffet Dinner after the conference at the House of Science AFTER-CONFERENCE DISCUSSIONS AT: Oluthuone Kaisla, street address: Vilhonkatu 4