SEA in the Czech Republic

Prague, 24 September 2008

Evolution of SEA in the Czech Republic • 70ies – 1992

– Requirements for consideration of environmental issues within land-use planning since mid 70´ (Act on Land-Use Planning)

• 1992 – 1996– Adoption of relevant legislation– Limited practice

• 1996 – 2004– Development of methodological approaches– Growing experience

• 2004 – ???– Transposition of SEA Directive– Practice in accordance with EU

Basic characteristics of SEA system in period 1992 – 2004

• SEA only on national level + regional land-use plans• Development concepts: strategies, policies, plans and

programmes• Submitted to or approved by central administrative

authorities in sectors of:energy, transport, agriculture, waste management, mining and processing of minerals, recreation and tourism + National Water Management Plan and regional land use plans

• SEA authority: Ministry of Environment

Main changes in system after May 2004

• Detail requirements for SEA procedure

• Specific requirements for content of SEA Report– Assessment of health impacts– Natura 2000

• Extension of field of application (national, regional and local levels)

• Authorized SEA/EIA expert has to be member of SEA team

Scope of application

• SEA automatically required for:– all concepts in sectors stipulated by the SEA Directive

(and also for environment and biodiversity protection) that set framework for permitting of activities that require EIA (Annex 1 of the EIA Act)

– all concepts co-financed by EU

• SEA screening required for:– concepts that affect territory of only one municipality

or – modifications of already approved concepts– SEA not required for defence, emergency plans and

budgetary documents

SEA procedure

1. Notification2. Fact-finding procedure (screening + scoping)3. Drafting SEA report4. Public consultations5. SEA statement 6. Decision-making7. Monitoring

Notification about concept

• P/P/P developer has to notify SEA authority about:– Nature of the concept– Affected environment– Possible effects of environment and health (incl.

possible transboundary effects)

• notification sent in printed and electronic form

• SEA authority makes it publicly available and forwards it to possibly concerned authorities (state authorities, regions and municipalities)

Screening and scoping

• Concerned authorities and the public can within 20 days submit comments on the notification

• SEA authority on the basis of obtained comments determines:

– Whether SEA is required or not – Scope of SEA and requirements for alternatives– Details of public participation requirements and of SEA

approach to be used

• Results of screening/scoping sent to P/P/P developer and concerned authorities + publicly accessible

SEA exercise

• P/P/P developer has to – appoint an SEA accredited expert (responsible for

quality of SEA)– cooperate with SEA expert (by providing all relevant

documents generated within elaboration of the concept)

– take into account inputs from SEA into the concept

• Requirements for SEA Report taken from SEA Directive with additional requirement to define env. criteria for evaluation of future projects that implement the concept

SEA Report (as required by the EA Act)• 1. THE CONCEPT’S CONTENT AND OBJECTIVES, ITS RELATIONS TO OTHER

CONCEPTS

• 2. INFORMATION ON THE PRESENT STATE OF THE ENVIRONMENT IN THE TERRITORY CONCERNED AND ITS PROBABLE DEVELOPMENT WITHOUT THE CONCEPT BEING IMPLEMENTED

• 3. CHARACTERISTICS OF THE ENVIRONMENT IN AREAS THAT COULD BE INFLUENCED SUBSTANTIALLY BY THE CONCEPT IMPLEMENTATION

• 4. ALL PRESENT ENVIRONMENTAL PROBLEMS THAT ARE IMPORTANT FOR THE CONCEPT, ESPECIALLY THOSE RELATED TO AREAS OF SPECIAL IMPORTANCE FOR THE ENVIRONMENT

• 5. THE GOALS OF ENVIRONMENTAL PROTECTION SET ON THE INTERNATIONAL, COMMUNITY AND NATIONAL LEVELS THAT HAVE A LINK TO THE CONCEPT, AND THE METHOD OF TAKING THESE GOALS INTO ACCOUNT DURING ITS PREPARATION, ESPECIALLY COMPARISON OF THE ALTERNATIVE SOLUTIONS

SEA Report (II.)• 6. SUBSTANTIAL IMPACTS (INCLUDING SECONDARY, SYNERGIC,

CUMULATIVE, SHORT-TERM, MID-TERM, LONG-TERM, PERMANENT, TEMPORARY, POSITIVE AND NEGATIVE IMPACTS) OF THE CONCEPT’S VARIANTS ON THE ENVIRONMENT

• 7. PLANNED MEASURES TO PREVENT, REDUCE OR COMPENSATE ALL SUBSTANTIAL NEGATIVE ENVIRONMENTAL IMPACTS RESULTING FROM THE CONCEPT IMPLEMENTATION

• 8. A LIST OF REASONS FOR CHOOSING THE OPTIONS TO BE EXAMINED AND A DESCRIPTION OF HOW THE ASSESSMENT WAS CARRIED OUT, INCLUDING POSSIBLE PROBLEMS RELATED TO COLLECTING OF REQUIRED DATA (E.G. TECHNICAL SHORTCOMINGS OR INSUFFICIENT KNOW-HOW)

• 9. DETERMINATION OF MONITORING INDICATORS OF THE CONCEPT’S ENVIRONMENTAL IMPACTS

SEA Report (III.)• 10. DETERMINATION OF INDICATORS (CRITERIA) FOR

SELECTION OF PROJECTS

• 11. THE CONCEPT’S IMPACTS ON PUBLIC HEALTH

• 12. NON-TECHNICAL SUMMARY OF THE ABOVE DATA

• 13. SETTLEMENT OF AND CONCLUSIONS FROM THE STATEMENTS RECEIVED IN CONNECTION WITH ENVIRONMENTAL AND PUBLIC HEALTH IMPACTS

• 14. CONCLUSIONS AND RECOMMENDATIONS, INCLUDING A DRAFT STATEMENT ABOUT THE CONCEPT

Public consultations • Draft P/P/P and SEA is submitted to SEA authority

• SEA authority forwards it to concerned authorities and makes it publicly available

• Public hearing has to be organised

• Everybody can submit comments

SEA statement • Issued by SEA authority

• SEA authority has to take into account all submitted comments

• SEA statement has to be sent to P/P/P developer, concerned authorities and is made publicly available

• P/P/P cannot be approved without SEA statement (even though its is not binding for the final decision-making)

Monitoring

• P/P/P developer has to ensure monitoring and analysis of actual effects of the concept on environment and health

• In case of significant unforeseen effects, developer has to: – ensure mitigation and compensation measures – notify relevant environmental authority – decide about modifications of the concept

• relevant state authorities have to monitor the actual effects of the concept on environment and health and can submit request for modification of the concept

Key issues and problems I.• Significant increase of SEA cases

– 1992 – June 2004: 60 – 70 SEAs – From June 2004: over 3,000 screening carried out for local

land-use plans and their changes

• Institutional problems:– Legal requirements are too specific and too strict– Insufficient capacities (personal and expert) within SEA

authorities– Limited methodological support and coordination by SEA

authorities– Limited knowledge and information on SEA among

developers - Lack of understanding of SEA purpose / environmental issues in general

Key issues and problems II.

• Procedural problems– Long processes with many uncertainties

• Content of the programme • Terms and deadlines• Implementing structure

– Changes of the programme after SEA

Thank you for your attention!