1. Environmental assessment system in Finland
Minna Torkkeli
Senior specialist, Ministry of the Environment
6 October 2017

2. Environmental impact assessment (EIA) for projects (EIA Act 252/2017)
Strategic environmental assessment (SEA) ACCORDING TO SEA DIRECTIVE
SEA has to be carried out for certain plans and programmes (eg.
regional development plans, regional waste management plans,
river basin management plans, flood risk management plans)
(SEA Act 200/2005)
2) SEA of land use plans (Land Use and Building Act 132/1999)
General investigation duty for other plans, programmes and policies that may have likely significant environmental impacts (SEA Act 3 §)
Environmental impact assessment (EIA)
for projects (EIA Act 252/2017)
Plan, Programme or Policy
Project

3. Aim of EIA
To ensure that environmental factors are considered in the decision-making process
To reduce or prevent the negative environmental impact of projects
To inform the public about the planned activities and improve their opportunities to participate

4. Background of impact assessment in Finland
European Union
EIA directive (1985)
SEA directive (2001)
United Nation: Economic Commission for Europe
Convention on Environmental Impact Assessment in a transboundary Context (1991) “Espoo Convention”
Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (1998)

5. EIA legislation into force 1994
Finnish EIA legislation came into force in 1994.
The legislation was revised to changes in EIA Directive 1999 and 2006.
Following the latest revision of the EIA Directive in 2014, new EIA legislation was adopted in Finland in May 2017.
Act on Environmental Impact Assessment Procedure (252/2017)
Decree on Environmental Impact Assessment Procedure (277/2017)
Separate SEA legislation including land use planning.
Esittäjän nimi alatunnisteeseen

6. Key principles of the Finnish EIA
Developer is responsible for the EIA
The competent EIA authority guides and supervises the procedure
Timing of the EIA: as early as possible
Transparent procedure and participation of the public and the authorities
Assessment of the alternatives for implementing the project
Broad definition of environmental impact
→ “EIA as a planning tool”
EIA is a separate entity before licensing/ permitting
Information gathered as well as the reasoned conclusion by the competent authority on the significant environmental impacts of the project is taken into account in the permit procedure(s)
→ “EIA as a decision-making tool”

7. Key principles of the Finnish EIA
EIA is applied seldom, annually cases, but these are the highly significant in their environmental impact
in total about 750 cases
Average duration of an EIA procedure is 1-1½ years
Waste management, extraction of natural resources, transport and wind power are the most common project types
Screening: project list + case by case examination

8. EIA Project Types 1994-2015 (770 procedures started)
Animal husbandry 1 %
The extraction and processing of natural resources 18 %
Hydraulic engineering and regulation of water flow (1 %)
The metal industry (0 %)
The forest industry (0 %)
The chemical industry and the manufacture of mineral products 2 %
Energy production (19 %)
The transmission and storage of energy (5 %)
Transport (5 %)
Water management (1 %)
Waste management (22 %)
Change or extension of projects (16 %)
Individual case (9 %)

9. List of projects Projects to which the environmental impact assessment procedure is applied are: … 3) construction in water bodies and regulation of waterflow: a) dams and other installations where the amount of water or additional amount of water held back or stored exceeds 10 million cubic metres; b) reservoirs where the new or additional amount of water held back or stored exceeds 10 million cubic metres; c) water body regulation projects if the average flow in the water body exceeds 20 cubic metres per second or the flow and water level conditions will change materially compared with the initial situation; d) the transfer of water between river basins where the amount of water to be transferred exceeds 3 cubic metres per second; e) flood protection projects where the area covered is at least 1,000 hectares;

10. EIA authorities Functions Competent authorities legislation
Espoo Convention
general steering
Competent authorities
to oversee and supervise enforcement of the EIA Act in their areas of operation
Ministry of the Environment
Centres for Economic Development, Transport and the Environment
Ministry of Employment and the Economy

11. The competent authority
Supervises the EIA conducted by the developer.
Arranges public consultation.
Is responsible of the quality control of EIA:
EIA programme (scoping)
EIA report
Gives its reasoned conclusion on the significant environmental impacts of the project, based on the EIA report and other statements and opinions given on the report.

12. EVALUATION OF THE FINNISH EIA SYSTEM (2010) What works ?
The objectives of the Act have been met well
EIA legislation implements EU legislation successfully
Two step EIA-procedure (both includes public participation)
EIA in early stage
The main actors have clear and functional roles
The competent EIA authority steers the procedure and controls quality of EIA
Quality of the reports is mainly good
EIA procedure is applied only to large projects with major effects on the environment

13. Something to improve Better integration with other legislations
More voluntary industry-specific EIA guidelines
Don’t forget to develop public participation
More focus on significant impacts
Sectoral differences how EIA works – flexibility is needed
Regional differences in competent authorities' approach
required studies
case by case examination
how to proceed with insufficient EIAs
Better follow-up activities and use of follow-up information
Case by case examination used seldom
Competent EIA authorities could be more active

14. Revision of EIA legislation 2015-2017
A working group was established in 2015 to revise the Act and Decree on EIA Procedure as well as other legislation as needed
To implement the revised EIA Directive (2014/52/EU)
To prepare a proposal for coordinated/integrated procedures for the EIA procedure and land use planning as well as environmental permit procedures
(Government Programme: ”… land use planning for projects and the environmental impact assessment procedure will be integrated.”)
Based on the proposal of the working group and the comments thereon received from stakeholders, the Governments Proposal was given to Parliament in November 2016.
New EIA Act and Decree, as well as amendments to 13 other Acts concerning permitting procedures, came into force as of 16 May 2017.

15. Main amendments in the revised EIA Directive
Definition of the EIA procedure
Coordinated/integrated procedure for assessments under EIA and/or Habitats/Birds Directive
Screening: e.g. measures to avoid or prevent significant adverse effects
Content and quality of the EIA report
Reasoned conclusion on the significant effects of the project on the environment
Consideration of EIA in the permitting procedure

16. Main changes in the Finnish EIA legislation
”Pre-negotiation”
Competent authority, developer and other concerned authorities
Organised by the competent authority, if requested or on its own initiative, before providing the EIA programme or during the EIA procedure
New element – reasoned conclusion of the competent authority
Focusing the EIA on the likely significant environmental impacts
Requirements for competency / expertise
preparation of the EIA report (developer)
examination of the EIA report (competent authority)
Taking into account the results of the EIA in environmental permitting procedure and the permit
Detailed regulations to EIA Act
Complementing regulations to relevant legislation on environmental permits

17. Coordinated/integrated procedures
Integrating EIA and land use planning procedures (for projects)
Regulations included in both EIA Act and the Land Use and Building Act
EIA is integrated in the land use planning procedure
“Light version”: Public hearing on EIA programme and EIA report is organised jointly with corresponding stages of the land use planning procedure
Integrating EIA and the Natura Impact Assessment (Appropriate Assessment)
If Natura Impact Assessment is required, it should be integrated to the EIA procedure

18. UNECE Espoo Convention and SEA Protocol
Convention on Environmental Impact Assessment in a Transboundary Context
Negotiated under United Nations Economic Commission for Europe (UNECE)
Adopted and signed in Espoo (Finland) in 1991
Came into force in 1997, with 16 Parties
Now has 45 Parties
Accession by all UN member States possible in the future
Applies to planned activities with likely significant adverse environmental impacts across boarders
Power plants&related; cross-boarder infrastructure; water related; mining; waste management; airports
Supplemented by Protocol on Strategic Environmental Assessment

19. Objectives
To enhance international co-operation in assessing environmental impact, in particular in transboundary context.
To prevent, mitigate and monitor significant adverse transboundary environmental impact.
To give explicit consideration to environmental factors at early stage in decision-making process by applying environmental impact assessment.
To improve quality of information – leading to environmentally sound decisions.

20. Procedure
Requires Party to notify & consult on planned activity likely to have significant environmental impact across borders.
Requires preparation and sharing of assessment of environmental impacts.
Allows affected Parties (authorities & public) to comment on planned activities and on assessment of environmental impacts.
Provides for bilateral consultations between concerned Parties.
Party of origin makes final decision, taking into due account:
comments received (authorities & public of affected Party)
outcome of environmental impact assessment
outcome of bilateral consultations
Final decision is sent to affected Party.

21. Protocol on Strategic Environmental Assessment
Adopted in 2003 in Kyiv, in force since 2010.
Now has 32 Parties, any Member State of the United Nations may accede.
Applies to public plans & programmes at national level or with likely transboundary impacts + to policies and legislation, as appropriate.
Similar to EU SEA Directive but with stronger emphasis on health and public participation.
More information on the Espoo Convention and SEA Protocol:

22. Thank you!
More information: Ministry of the Environment Environmental impact assessment