Consultant CMDC Joint Venture Implementation flaws

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Consultant CMDC Joint Venture Implementation flaws Powered By Docstoc
					   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                         1


Consultant: CMDC Joint Venture
                            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


                                                                      2


Consultant: CMDC Joint Venture
              Implementation flaws: screening
Implementation
 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
                                                                    3


Consultant: CMDC Joint Venture
   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
                                                                        4


Consultant: CMDC Joint Venture
        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

                                                                    5


Consultant: CMDC Joint Venture
        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
                                                        6


Consultant: CMDC Joint Venture
                  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
                                                                 7


Consultant: CMDC Joint Venture
                  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.


                                                                  8


Consultant: CMDC Joint Venture
                                 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.




                                                              9


Consultant: CMDC Joint Venture
      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
                                                             10


Consultant: CMDC Joint Venture
      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



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Consultant: CMDC Joint Venture

				
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