1. Marc Thauront
Brussels 30 June 2008

2. Basic principle
The document will not redraft the directives which were adopted under the umbrella of the principles developed by the EU treaty
Community policy on the environment shall aim at a high level of protection… It shall be based on the precautionary principle and on the principles that preventive action should be taken, that environmental damage should as a priority be rectified at source and that the polluter should pay.

3. GCF: authorisation process

4. Stakeholders vision (Rotterdam, Venice may 2008)
Sulphur Directive + SECA’s
EMS
Air quality Directive
Noise Directive
Waterframework Directive
Environmental Quality Standards
IMO + Marpol
Soil pollution Directive
(Strategic) EIA Directive
Waste Directive
GroundwaterDirective
Birds and Habitat Directive
Ship Waste Directive
Energy policy + Climate change policy
National Emission Ceiling Directive
ICZM
IPPC
WG: SEA is not EIA, both have integrative an approach

5. Scheme for studies
SEA: plans and programmes, focus on Natura 2000, consider water and biodiversity, potential impacts alternatives and monitoring system, consultations (even transboundary)
EIA:direct and indirect effects on fauna, flora
(strengthened by HFF art.12), waters, mitigation…
Art. 4.7 WFD
Art. 6.3 &
6.4 HFF
other

6. Preliminary studies Plans and programmes (P&P)=
— which are subject to preparation and/or adoption by an authority at …regional or local level or…
— which are required by legislative, regulatory or administrative provisions;
Environmental assessment… for all P&P
which are prepared for …, energy, industry, transport, waste management, water management, …country planning or land use and which set the framework for future development consent of projects listed in Annexes I and II to EIA Directive
which, in view of the likely effect on sites, have been determined to require an assessment pursuant to Article 6 or 7 (=SPA) of HFF Directive.
Link with 6.3 ?

7. Preliminary studies SEA, information to be provided includes:
the relevant aspects of the current state of the environment and the likely evolution thereof without implementation of the plan or programme; the environmental characteristics of areas likely to be significantly affected;
any existing environmental problems… including those relating to any areas… designated pursuant to Nature Dir.
the environmental protection objectives, established at international, Community or MS level…, relevant …and the way those objectives… have been taken into account…;
the likely significant effects1 on the environment, including on issues such as biodiversity…, fauna, flora, water,… and the interrelationship between the above factors;
Mitigation and alternatives are considered too
(1) These effects should include secondary, cumulative, synergistic, short, medium and long-term permanent and temporary, positive and negative effects.

8. GCF: appropriate assessment

9. Appropriate assessment
Demand from both EIA and HFF-art 6.3
Natural value &
Conservation
objectives
Basic
needs
Potential impacts + =
“Significant” = Threshold to be justified
depending on conservation objectives
“Appropriate” = Basic needs covered + justification proposed

10. Appropriate assessment
Step 1: basic needs
Why a project ? (includes first IROPI assessment)
Why here ? (includes first alternatives assessment)
Potential impacts of such a project (general literature)
Preliminary knowledge on the natural value of the area
and the conservation objectives
Step 2: Project design
Technical studies for EIA, including fauna, flora, water
Step 3: Legal steps and consultation
EIA including HFF art 6 and WFD art 4.7
Step 4: Authorisation and synchronised decision for investments

11. GCF: alternatives

12. What is an alternative for PRA?
Alternatives
What is an alternative for PRA?
Reduced project or project including mitigation/compensation areas ?
several locations (geographical scope ?)
Not only alternative location but alternative solution

13. Integrated approach (adapted from Rijkswaterstaat)
Alternatives &integrated planning
Port related
activity
2-ecology
3-landscape
4-water
management
technical
plan
ecological
plan
landscape
plan
management
plan
Water plan
Alternative designs + costs
Communication
Project design
Realisation
Integrated approach (adapted from Rijkswaterstaat)

14. Non-integrated approach (adapted from Rijkswaterstaat)
Alternatives &integrated planning
Port related
activity
Non-integrated approach (adapted from Rijkswaterstaat)
technical design
landscape
water
ecology
alternative designs + costs
project design
realisation
management

15. GCF: mitigation and compensation

16. Mitigation or compensation measures
EIA: mitigation only, some national laws may refer to compensation (e.g. FR)
Art.6 (WFD): mitigation and compensation
Art 4.7 (WFD): mitigation
Common questions: functionality, cost effectiveness and affordability, after-care of the focused areas
Specific question for biodiversity offsets: how to assess the value of damage to be compensated and the network coherence
Compensation in legal texts versus accompanying measures in ports communication (Corporate social and environmental responsibility concept)
Who has to manage the future of the saved or restored ecological areas and ecosystems services ? Is the cost incurred a complementary compensation ?

17. Mitigation or compensation measures
Proportionality ?
Why the size of the project doesn’t fit with the size of the impact ?
How to compare a 1000 ha extension on maize fields and a 100 ha extension on a rare wetland ?
Le Havre 45 M€, Bremerhaven 90 M€: cost incurred by port authorities (project compensation) or by other public authorities (plan compensation)

18. Mitigation or compensation measures
Man-made ecosystems: economical stakeholders or regional/local authorities may produce services for the ecosystem: e.g. is management dredging part of ecosystem functioning today ?
A key question is probably : is “artificial” maintenance of biodiversity and ecosystems services within a habitat/water body an answer to the pressure? Who has to implement it ?

19. GCF: indirect impacts

20. Indirect impacts indirect and cumulative impacts ?
How to consider
indirect and
cumulative
impacts ?
e.g.: increasing of maritime traffic
may locally
increase road traffic
too and create new needs of
infrastructures
Transshipment evolution and pre and
post deliveries by modal transport
in Le Havre
 Integrated planning and SEA