1. 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

2. 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

3. 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

4. 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

5. 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

6. 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

7. 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

8. 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.

9. 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.

10. 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

11. 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