CORE Tutkijakokous 13.-14.9.2018, Mekrijärvi (Ilomantsi Legal system, capacity building and guidance as a drivers of effectiveness of IA Chairs: Ismo Pölönen, University of Eastern Finland Law School Age Poom, University of Tartu Nordic-Baltic Impact Assessment Conference 2018 Oct 2, 10:30-12:30

Session description The IA system effectiveness is a multifaceted challenge that can be improved by hard means of legal frame or softer means of capacity building and guidance. The session discusses experiences of legal system and guidance development from different countries.

Presentations of the session Ismo Pölönen, University of Eastern Finland, “Role of law in enhancing the effectiveness of EIA practice” Gesa Geißler, Johann Köppel, Anke Rehhausen, Technical University of Berlin, “Learning in German Maritime Spatial Planning and Strategic Environmental Assessment” Josh Fothergill, Fothergill Training & Consulting Ltd; Robert Adamczyk, EBRD; Ben Cave, Ben Cave Associates; Jo Murphy, Fothergill Training & Consulting Ltd; Rob Evans, Tripos Consulting Ltd, “Experiences of Capacity Building for Competent Experts” Kimmo Jalava, University of Eastern Finland, “Educational EIA support material for (new) EIA authorities” Evija Skrastiņa, Aiga Kāla, Olga Melnicenko, Latvian Association for Environmental management, “Guidelines for improvement of effectiveness of EIA Screening process in Latvia” Josh Fothergill, Fothergill Training & Consulting Ltd; Stuart McLanaghan, Eden21; Emanuela Vanacore, RISE Viktoria, David Smith, AECOM, “Aligning Circular Economy Standards & Impact Assessment

Role of law in enhancing the effectiveness of EIA practice Role of law in enhancing the effectiveness of EIA practice Aims of the presentation To introduce key findings of the research project “EIA Law in Transition – Keys for Smart Re-design and Implementation (EIALAW, 2016-2018)”. To facilitate discussion on the relationship between EIA law and (good) practice.

Key outcomes of the EIALAW project Handbook on the EIA law. Combination of multidisciplinary EIA theory, legal analysis and empirical studies. Main aim of practice-oriented systematization & interpretation Evaluation of the reform from the perpective of its objectives (streamlining & strenghtening capacities for env. protection ). Focus on the legal mechanisms 23.4.2019

EIALAW Conference, 23 March, Helsinki Experiences with implementation of the revised EIA Directive Many differences in implementation One to one / beyond compliance Mikkonen, E. – Pölönen, I. – Jalava, K.: YVA-direktiivin täytäntöönpanotavoissa suuria eroja – EIALAW 2018 -konferenssin anti. (Lessons from the EIALAW 2018 Conference). Impakti 1/2018. English translation will be available at: http://www.uef.fi/fi/web/yva/home 23.4.2019

Relationship between EIA law & practice Law providing legal guarantees for EIA application, procedural steps (reflecting EIA theory) and minimum contents for the EIA documents Some significant areas of EIA have evolved without support of direct legal obligations Modes of public participation Assessment methods (inc. evaluation of the significance) Some other elements, such as EIA follow-up, are underdeveloped, and seems to be in a need of legal push. 23.4.2019

Assessment of significance - need of combining hard and soft law approaches Commission 2017, p. 41-42: “…no clear definition is provided and significance has to be assessed in light of the Project’s specific circumstances” “there is no international consensus among practitioners on a single or common approach for assessing the significance of impacts” Legal perpective / teleological & systematic interpretation: Using the criteria of Annex III (of the EIA Directive) Criteria set in the substantive law (reflected by court rulings) E.g. bans to cause danger to groundwater quality or to cause unreasonble burden to neighbours. Case-specific, contextual assessment (based on soft law) filling the ”gaps” between substative norms and EIA. 23.4.2019

Did the reform met its objectives and how? Streamlining Several changes contributing to the aim of streamlining (e.g. focus on likely significant effects, statutory prenegotiations and shorter time frames for hearings in scoping phase). As a whole new EIA heavier procedure than earlier Legal limits for combining EIA with env. permits Environmental protection Reasoned conclusion (and duty for its updates if needed) most significant improvement. Successful regulatory defence (beyond EU law): Mandatory scoping with wide PP rights Broad concept of env. impact Liaison Authority System (quality control by state authority specialized on the EIA issues) 23.4.2019

Needs for further hard law measures for enhancing the effectiveness of EIA practice Requirements on the systematic EIA follow-up Thirty years of talk, practice still underdeveloped Scope of monitoring depends on the project type Public documents, but no public reporting typically sector-specific data without clear conclusions & non-technical summaries Role of PP / joint fact finding in monitoring phase? More concrete regulation on climate change mitigation & adaptation issues (requirements on the EIA report). 23.4.2019

Future of EIA research at the UEF Collaborative remedies for fragmented societies — facilitating the collaborative turn in environmental decision-making Funding of Strategic Research Council (2017-2021) www.collaboration.fi 23.4.2019