SEA, horizontal environmental and climate issues and biodiversity for programming period Budapest, Ion Codescu, Head of Unit, DG ENV, EC

Benefits of SEA – Integration of environmental considerations into decision making of plans and programmes (P&P). – “Greening“ of plans and programmes and monitoring of their effects. – Strengthened role for environmental authorities through their participation. – Better cooperation between different authorities (planning, environment and health). – Increased transparency in decision making, due to the involvement of all levels of society. – Less mitigation measures due to the early inclusion of environmental considerations in the P&P. – Contribution of SEA to improved compliance with the requirements of other specific environmental policy areas. – Less litigation at project level. – Consideration of cumulative effects and of alternatives upstream. – Absorption of EU co-financing made easier. – => The overall assessment is positive, e.g. in Cohesion Policy

The environmental assessment procedure Scoping Decision Information on decision Environmental Report/Study Screening Information and Consultation Monitoring For programmes screened out(shorter procedure) Scope and level of detail EAs to be consulted The “Report” (including a non-Technical summary) Public, environmental authorities, other MS... Takes account of env. report and consultations End of SEA process Using screening criteria

Is the SEA Directive applicable to all programmes developed under Cohesion Policy? – Programmes financed by the EU fall under the scope of the SEA. – Provided that they fulfill certain requirements of the SEA.

Programme covers areas of art. 3(2) + sets framework for development consent of future EIA projects SEA is needed (annex I criteria) Programme determining use of small areas at local level, minor modifications of programmes, programmes in other areas than art. 3(2), programmes setting framework for development consent of future projects (not listed in EIA) screening is needed (annex II criteria) Programme does not set the framework for future development consent of projects or does not cover areas of art. 3(2) (e.g. ESF or interregional OPs) no SEA + explanatory statement *

Applying the SEA to Cohesion policy: information to be submitted to the Commission –A non-technical summary of the information provided in the environmental report (annex I(j) of the SEA Directive. –Information on the consultations with the public and the environmental authorities (article 6). –A description of the measures concerning monitoring. –A summary of how environmental considerations and the opinions expressed have been taken into account. N.B.the final statement required by Article 9(1) of the SEA Directive is to be issued after the adoption of the programme by the Commission..

SEA for transnational and cross-border programmes  In some cases transnational and cross-border programmes do not set the framework for future authorisation of projects.  Verify whether SEA is required.  When the SEA is applicable to transnational /cross-border programmes –Consider whether separate or joint procedures should be carried out, or –Whether some of the steps could be carried out jointly (joint environmental report subject to separate consultations..) –Separate Article 9(1) statements need to be made available in each MS.

Attention! MSs must evaluate that if following negotiations with the Commission whether the OP contains environmentally significant changes to justify an updated SEA and hence a new public consultation Ensure co-ordination between the ex-ante evaluation (sensu strictu) and the SEA procedure to avoid overlaps and wasted resources (see Commission Guidance of January 2013) Start the SEA process early as this increases environmental integration, social acceptability and allows better management of trade-offs (environment-social-economic).

A word about environmental integration TFEU Art. 11 "Environmental protection requirements must be integrated into the definition and implementation of the Union policies and activities, in particular with a view to promoting sustainable development". Reflected in Article 8 of the draft Common Provisions Regulation on sustainable development – one of the established cross-cutting principles of the Cohesion Policy Important that this is not a 'paper tiger' exercise and that the environment is taken into account in each and every co-financed operation and fund (ERDF, CF, ESF, EAFRD, EMFF) Consider using Technical Assistance (ERDF and ESF) to establish a national network under the ENEA-MA umbrella and to booster EIA- SEA capacity too (vis à vis the generic ex-ante conditionality)

Introduction (CH.1) Nature and purpose of the guidance Overview CC&B in SEA (CH.2) Legal basis and spirit of Directive Benefits of integrating CC (climate change) & (biodiversity) Challenges

Understanding CC & B (CH.3) Section 1 Climate change Section 2 Biodiversity Section 3 Climate change & Biodiversity Policy responseObjectives and targets United Nation Framework Convention on Climate Change (UNFCCC)  UNFCCC seeks to reduce international GHG emissions … UNFCCC’s Kyoto Protocol …… … Key aspects of climate change mitigation policy Policy responseObjectives and targets EU Strategy on Adaptation to Climate Change  The European Commission adopted a White Paper on Adapting to Climate Change in 2009, leading to an EU Adaptation Strategy in 2013 … European Climate Adaptation Platform: CLIMATE-ADAPT …… Key aspects of climate change adaptation policy Policy responseObjectives and targets The Habitats Directive and the Birds Directive  The Habitats Directive and the Birds Directive seek to protect sites of particular importance for biodiversity— these sites form a network referred to as Natura Natura 2000 The Convention on Biological Diversity (CBD) …… … Key aspects of biodiversity policy

Scoping Alternatives and assessing effects Reporting, information & consultation SEA steps Decision- making Screening Monitoring and evaluation Key considerations (CH. 4: Screening & Scoping; CH. 5: other elements of the SEA process)  Would implementing the plan or programme (PP) be likely to have significant effects on, or be significantly affected by, CC&B issues? Is an SEA required?  What are the key CC&B issues likely to be?  What is the current situation relating to CC&B and how is it likely to change in the future?  What is the CC&B policy context, what are the objectives and targets?  Who are the key stakeholders and environmental authorities with an interest in CC&B and how will they be involved throughout the SEA? What do they think are the key issues?  What are the best methods, tools and approaches to help understand and assess the key CC&B issues?  What are the key CC&B issues likely to be?  What is the current situation relating to CC&B and how is it likely to change in the future?  What is the CC&B policy context, what are the objectives and targets?  Who are the key stakeholders and environmental authorities with an interest in CC&B and how will they be involved throughout the SEA? What do they think are the key issues?  What are the best methods, tools and approaches to help understand and assess the key CC&B issues?  What alternatives are there to tackle key CC&B issues? How would implementing them affect CC&B objectives?  How can we avoid the negative effects on CC&B? If we cannot, how can they be reduced or offset? How can the positive effects be maximised?  How could CC&B measures be integrated into the PP?  What alternatives are there to tackle key CC&B issues? How would implementing them affect CC&B objectives?  How can we avoid the negative effects on CC&B? If we cannot, how can they be reduced or offset? How can the positive effects be maximised?  How could CC&B measures be integrated into the PP?  How to ensure that the environmental report clearly explained how CC&B issues have been identified, how uncertainty has been managed, etc.?  How can CC&B issues be integrated into the final PP?  How to ensure that the environmental report clearly explained how CC&B issues have been identified, how uncertainty has been managed, etc.?  How can CC&B issues be integrated into the final PP?  How will the effects on CC&B be monitored along with the implementation of mitigation measures and environmental management?

What are the key CC&B issues? (CH.4) Climate change mitigationClimate change adaptationBiodiversity  energy demand (industry)  energy demand (housing & construction)  GHG emissions in agriculture  GHG emissions (waste management)  travel patterns and GHG emissions (transport)  GHG emissions from energy production  land use, land-use change, forestry and biodiversity  …  heat waves  droughts  flood management and extreme rainfall events  storms and high wind  landslides  sea level rise, extreme storms, coastal erosion and saline intrusion  cold spells  freeze-thaw damage  …  degradation of ecosystem services  loss of habitats, fragmentation  loss of species diversity  loss of genetic diversity  …

How to assess effects related to CC&B in SEA? (CH.5) 5.1 Tools and approaches to integrate CC&B into SEAs 5.2 Consider CC scenarios at the outset of the SEA 5.3 Analyse evolving baseline trends Vulnerability Policy consistency and coherence 5.4 Assess alternatives that make a difference in terms of CC&B impacts 5.5 Assess CC&B cumulative effects 5.6 Seek to avoid adverse effects wherever possible, before considering mitigation 5.7 Monitoring significant effects and adaptive management

Key messages ADDRESSING CC&B EFFECTIVELY  Build them into assessment & early.  Tailor CC&B to specific PP context.  Be practical & use your common sense.  Many options are still open. CRITICAL CHALLENGES  Assess PP against the future baseline and key trends  Long-term and cumulative effects on CC&B.  Be comfortable with uncertainty (scenarios).  ‘Win-win’ or ‘no/low regret’ options. IDENTIFYING CC&B ISSUES  Both impacts of PP on CC&B and CC & natural environment on PP.  CC adaptation and mitigation interactions  National/regional/local context.  Objectives, commitments and targets set in policy. ASSESSING EFFECTS  Consider CC scenarios at the outset.  Evolving environmental baseline trends.  Assess alternatives that make a difference in terms of CC&B effects.  CC&B synergistic/cumulative effects.

Useful sources of information  Annex I of the Guidance document on ex ante evaluation explains SEA procedure (DG REGIO website) of January  Guidance on Integrating Climate Change and Biodiversity into Strategic Environmental Assessment:  EIA / SEA Homepage (Guidance on the implementation of the SEA Directive)  GRDP Handbook on SEA for Cohesion Policy oreword.pdf