Successful implementation of EIA? An evaluation and comparison of the EU countries (based on the 5-year evaluation of the European Commission) Edy Blom EIA Expert, DHV Netherlands June 16th 2004

Problematic cases 30% of open infringement cases concern gaps in national laws intended to transpose the Directive, including public consultation. HOWEVER: 65% concern bad application of the Directive in relation to individual projects

Implementation flaws: screening Wide variation in the criteria used to determine if an EIA is necessary, setting too high thresholds for determining whether an EIA is needed Not covering all project categories required Application Unsystematic "screening" of Annex II projects: lacking or insufficient determination of whether EIA is necessary

Implementation flaws: scoping, assessment Application “Salami slicing" (the project is broken up in smaller ones to avoid having to do an environmental impact evaluation) Some project developers still see EIA, wrongly, as a bureaucratic obstacle Poor definition of project and criteria Cumulative impacts and health impacts neglected Trans boundary effects/bi-lateral agreements

Implementation flaws: decision making Application Poor quality control and decision making process – effectiveness: carrying out EIA only after having granted development consent non-compliance with the EIA in the development consent procedure Non-effective public consultation

Portugal: The Mediterranean syndrome Belief: late with env legislation, bad implementation Alleged causes: Low economic development Weak civil society History of authoritarian regimes Hierarchical, closed and at times nepotistic public administrations

What happened in Portugal? At first: Weak “scientific infrastructure” and “inactive civil society” EIA was not effective as decision-making tool Administrative practice remained centralised, hierarchised, secretive Then: Two cases where the public revolted after a EIA had been completed, decisions were reversed

What happened in Portugal? Next: New scientific advisory boards on policy were created Citizens rights were introduced - more than EU required Now the administration takes EIA’s seriously as tool for communication with the public, and the difference with other EU countries has been significantly reduced.

Conclusions EIA Directive enhances democratic procedures; EIA is an opportunity to streamline procedures (different authorities should join-up) Incorrect application gives rise to a high number of complaints.

Conditions to make EIA successful 1 Start thinking about environmental effects as soon as you start thinking about the project Participation of environmental authorities and the public concerned as early as possible Availability of relevant data Availability of good guidance and training

Conditions to make EIA successful 2 Good professional skills of the consultant in charge of the EIA Close co-operation between competent authority, developer and consultant in charge of the EIA Cost-efficiency of EIA