DIRECTORATE GENERAL FOR INTERNAL POLICIES Transposition and implementation of the 2014 Directive on the assessment of the effects of certain public and private projects on the environment

Purpose of the briefing Presents the key elements brought by the Directive. Next EP’s legislature: Member States’ legal framework need to transpose them as from 16 May 2017. Every six years from 16 May 2017, Member States inform the Commission on the implementation of the Directive, incl collect information and communicate statistical data.

Purpose of the Directive 30 years of History: 1985 – 2011 – 2014 Aims Address implementation problems identified. Reinforce environmental protection and to ensure improved effectiveness. Reduce administrative complexity and increase economic efficiency by streamlining procedures under several Directives.

Key Elements The Scope: the coverage of environmental issues required in the EIA report is extended: to climate change, biodiversity, risk of major accidents and/or disasters are introduced. Consistency of procedures: joint or coordinated. The assessment of cumulative effects is detailed. The assessment of reasonable alternatives is broadened.

Key Elements Monitoring procedures of the projects regarding their impacts on the environment. Public participation and access to information: The information in the EIA Report is expanded. The development consent decision needs to be justified.

Transposition 16 May 2017: Member States to bring into force the laws, regulations and administrative provisions to transpose the Directive. In 2017: infringement procedures against 21 Member States for late transposition. Impact of Article 260(3) The Commission is currently assessing the correct transposition.

Implementation The EIA Directive 2014/52/EU entered into force on 15 May 2014. The analysis of its implementation covers a very short period and there is little publicly accessible information.

Implementation problems Most infringements derived from complaints and petitions. The Directive IA: 12% of the infringement cases on EU environmental law are EIA cases. In 2016, 70 out of 348 new complaints on environmental law were on EIA. In 2017: Out of 518 complaints on environment, 128 were related to EIA Directive. In 2017: 40 out of 307 infringement cases related to environmental legislation were on EIA Directive.

Implementation problems Commission Guidance: Concept of significance, which is not defined in the Directive. Levels of significance in the IEMA Guidance. IMPERIA Project: collects good practices and develop new methods of effective and good-quality impact assessments. ARVI tool: excel-based tool for impact significance assessment and for the comparison of alternatives.

Recommendations EIAs consider resource efficiency, climate change and biodiversity as environmental factors. Legal frameworks ensure the development of joint or coordinated procedures. Approaches to deal with cumulative impacts. The level of detail of the information provided in EIA reports. The capacity and methods for the Competent Authorities to deal with the amount of information.

Recommendations Approach and the level of detail of the alternatives to be assessed and the reasons for the option chosen. Follow up of an EIA through appropriate procedures for monitoring the significant adverse effects on the environment. Information enabling public participation prior to the decision to grant or refuse development consent and as access to information after the decision has been made.

Presentation by Marta Ballesteros Milieu Policy Department Citizens’ Rights and Constitutional Affairs poldep-citizens@europarl.europa.eu