Environmental Assessments and Authorizations: SEA - EIA - IPPC Permit

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Operational guidelines for Strategic Environmental Assessment Procedure

 
 

Purpose

The Strategic Environmental Assessment (SEA) of plans, programs pursues the purpose of ensuring that human activity is compatible with the conditions for sustainable development, and therefore, in accordance with the regenerative capacity of ecosystems and resources, the preservation of biodiversity and an equitable distribution of the benefits related to the business.

The SEA is a process of participatory and integrated assessment of the possible impacts on the environment and the cultural heritage of plans or programs. It pursues the specific purpose of ensuring a high level of protection of the environment and contributing to the integration of environmental considerations into the preparation, adoption and approval of such plans and programs, ensuring that they are consistent and that they contribute to conditions for sustainable development.

Scope

At national level, plans and programs that can have significant impacts on the environment and the cultural heritage are subject to SEA, that is:

  1. Plans/programmes which are prepared for the assessment and management of ambient air quality for agriculture, forestry, fisheries, energy, industry, transport, waste management, water management, telecommunications, tourism, town and country planning or land use and which set the framework for the approval, authorization, the area of ??localization or, however, the implementation of projects listed in Annexes II, III and IV of Legislative Decree 152/2006 and subsequent amendments;
  2. Plans/programmes for which, in view of the likely impacts on the conservation objectives of the sites designated as special protection areas for the conservation of wild birds and those classified as sites of Community importance for the protection of natural habitats and of wild flora and fauna, is to require an appropriate assessment pursuant to art. 5 of Presidential Decree 357/1999 and subsequent amendments.

Parties involved

  • Ministry of Ecological Transition - Directorate - General for Sustainable Growth and Quality of Development,as the competent authority (in the figure of the Minister) in the state (Article 7, paragraph 1, Legislative Decree 152/2006 and subsequent amendments) which makes use of technical and scientific support of the Technical Verification Committee Of Environmental Impact - SEA and EIA (Article 8 Legislative Decree 152/2006 and subsequent amendments)
  • Ministry of Cultural Heritage and Activities  - Directorate-General for the landscape, fine arts, architecture and contemporary art, which collaborates to the technical assessment, expresses the opinion of competence and expresses in concert (in the figure of the Minister) with the competent authority as part of the reasoned opinion of SEA.
  • Subjects competent in environmental matters public administrations and public bodies which, by their specific expertise or environmental responsibilities, may be concerned by the environmental impacts resulting from the implementation of plans and programmes (Article 5, paragraph 1 letter s of Legislative Decree 152/2006 and subsequent amendments).
    By way of example and without limitation, between subjects can be identified:
    • Other Ministries;
    • River basin authorities (national, interregional, regional);
    • Park authorities and other entities managing protected natural areas;
    • Superintendence for Architectural Heritage and Landscape and Archaeological Superintendence.
  • As part of the SEA procedure, the Ministry of Cultural Heritage and Activities, the Regions interested and other departments/bodies responsible for environmental matters may submit comments, objections and suggestions on the plan or programme that Ministry of Ecological Transition accepts and evaluates as part of the SEA procedure for the issue of the SEA reasoned opinion (Art.15 Legislative Decree 152/2006 and subsequent amendments).
  • Neighbouring States, which require being involved in the SEA process or on whose territory the plan or programme may have a significant impact.
  • Regions/Provinces, whose territory is only partly affected by the plan or programme or by the impact of its implementation. These subjects are informed of the procedure and also have access to the technical documentation of the application.
  • Public, informed that the process starts, can refer to the technical documentation of the application published on the Environmental Assessment SEA-EIA and on the Prosecuting/Developer Authority websites. Within the period of sixty days from the publication in the Official Journal of the Italian Republic, as shown in obligations for the developer, anyone interested can view the plan or programme and the relevant environmental report, submit its observations, also providing additional information and evaluation in writing or by certified mail (DGSalvaguardia.Ambientale@PEC.minambiente.it)

Obligations for the developer

  1. Legal Process
    1. Consultation on preliminary report
      Request to activate the SEA procedure and transmission of the preliminary report (art. 13, paragraph 1 Legislative Decree 152/2006 and subsequent amendments). The request shall also be addressed to the experts in environmental matters (if already identified).
      The request is forwarded to the Ministry of Ecological Transition on soft copy and also on hard copy:
      • delivered by hand, by the person or by an individual in charge, every day from Monday to Friday at the Post Office located in Via Cristoforo Colombo 44, -1st floor, open Monday to Friday from 7.00 to 14.40 (all day) - with hand delivery will be issued by the operator seal and date of receipt;
      • by registered mail with return receipt.

      The activation request form of SEA procedure can be downloaded from the "Forms"section of the Environmental Assessment SEA-EIA website. The administrative and technical documentation forwarded to the Ministry of Ecological Transition must be provided in digital format (3 copies) according to the instructions contained in the " Technical Specifications for the preparation and transmission of  SEA and EIA procedure’ documentation in digital format, in line with the legislative Decree 152/2006 and subsequent amendments” which can be downloaded from the "Techinical Specifications and guidelines" section of the website,  and on hard copy (1 copy).
      A full copy of the technical and administrative proceedings shall also be forwarded to all parties involved. For those recipients is appropriate that the developer contact in advance the individual public administrations, in order to find out any specific procedures for the preparation and transmission of the documentation (field offices, number of copies required and the type of format, soft or hard copy).
      To facilitate contacts among the various parties involved, the references of the Directorate for Environmental Assessment of the Ministry of Ecological Transition, the Technical Verification Committee of Environmental Impact  - SEA and EIA, the relevant regional structures, the provinces and municipalities are provided on the Environmental Assessment SEA-EIA website - "Contacts" and "Developer Area"sections.
      If the plan or programme affects marine areas in whole or in part, in the request form to start the procedure the location must be completed with the name of the marine area concerned, according to the ranges reported in the following figure.

    2. Cartina VAS

      The preliminary report includes a description of the plan or programme and the information and data necessary for the assessment of significant impacts on the environment due to the implementation of the plan or programme, and is designed with reference to the criteria in Annex I to Part II of Legislative Decree 152/2006 and subsequent amendments.
      The consultation phase on the preliminary report among the competent authority, the authority concerned and the experts on environmental matters, unless otherwise agreed, has to be concluded  within 90 days after the submission of the preliminary report. 

    3. Consultation on the plan/programme proposal, the environmental report and non-technical summary (Article 13 paragraph 5 Legislative Decree 152/2006 and subsequent amendments)

      The communication of the consultation, in accordance with paragraph 5 of article 13, of Legislative Decree 152/2006, and the simultaneous transmission of the plan/programme proposal, the environmental report and the non-technical summary is forwarded on soft copy and also on hard copy to the Ministry of Ecological Transition:

      • delivered by hand, by the person or by an individual in charge, every day from Monday to Friday at the Post Office located in Via Cristoforo Colombo 44, -1st  floor, open Monday to Friday from 7.00 to 14.40 (all day) - with hand delivery will be issued by the operator seal and date of receipt;

      • by registered mail with return receipt.

      The forms for the start of the consultation on plan/programme proposal, the environmental report and non-technical summary can be downloaded from the "Forms" section of the Environmental Assessment SEA-EIA website. The administrative and technical documentation forwarded to the Ministry of Ecological Transition must be provided in digital format (3 copies) according to the instructions contained in the " Technical Specifications for the preparation and transmission of SEA and EIA procedure’ documentation in digital format, in line with the legislative Decree 152/2006 and subsequent amendments” which can be downloaded from the "Techinical Specifications and guidelines" section of the website, and on hard copy (1 copy).
      A full copy of the technical and administrative proceedings shall also be forwarded to all parties involved. For those recipients is appropriate that the developer contact in advance the individual public administrations, in order to find out any specific procedures for the preparation and transmission of the documentation (field offices, number of copies required and the type of format, soft or hard copy).
      The environmental report is an integral part of the plan or programme and accompanies the entire process of preparation and approval. In the environmental report must be identified, described and assessed the significant impact that the implementation of the plan or programme may have on the environment and cultural heritage, and reasonable alternatives that can be adopted in view of the objectives and the geographical scope of the plan or the programme itself. 
      Annex VI to Legislative Decree 152/2006 and subsequent amendments reports the information to be provided in the environmental report. The environmental report must also take note of the consultation undertaken during the consultation phase of the preliminary report for the definition of the level of detail of the information to be included in it and highlight how any contributions received have been taken into account. In the environmental report may be used, if relevant, insights that have already been made and information obtained at other levels of decision-making or otherwise acquired in the implementation of other provisions of law.

      The environmental report, pursuant to article 10, paragraph 3 of the Legislative Decree 152/2006 and subsequent amendments, must also contain the appropriate assessment provided for in Article 5 of the DPR357/97 if the plan or programme, or the possible impacts arising from its implementation, affects even partially and/or indirectly Sites of Community Importance and/or Special Protection Areas, established under Directive 92/43/EEC "Habitats" and Directive 79/409/EEC "Birds" for the establishment of the Natura 2000 network).
      The appropriate assessment is substantiated, pursuant to law, with the aspects defined in Annex G of DPR357/1997. About the integration between the two procedures is also given evidence in the notice in the Official Journal of the Italian Republic (see paragraph 2.c of the obligations for the developer).
      The non-technical summary of the information enclosed in the environmental report is designed to allow easy understanding by the public of the plan or programme and its possible impacts on the environment. The non-technical summary must be prepared to allow for easy reproduction.

    4. Publicity about the launch of the consultation (Article 14 of Legislative Decree 152/2006 and subsequent amendments) 
      Concurrently with the above communication the developer/proceeding authority shall arrange for the publication of a notice in the Official Journal of the Italian Republic. The notice must contain the title of the plan or programme proposals, the developer, the proceeding authority, indicating the locations where it can be taken vision of the plan or programme, the environmental report and the non-technical summary.
      The developer/proceeding authority, as the competent authority, make available to the public the plan or programme proposals and the environmental report by the deposit at their offices and publishing on their website. From the date of publication run the timing of the preliminary examination and of the assessment

      The form for the notice also contains a complete list of administrative and technical documentation submitted and the method of preparation and submission. It can be downloaded from the "Forms" section of the Environmental Assessment SEA-EIA website.

    The developer authority may, at any stage of the procedure, ask the Directorate for Environmental Assessments - Division V environmental assessment Systems for the withdrawal of the request for activation of the procedure, which in this case will be closed. Archiving involves the launch of a new procedure if the same developer or other parties are interested in proposing the plan or programme again.

  2. Obligations following the issue of the reasoned opinion
    1. Review
      The proceeding/developer authority, in collaboration with the competent authority, shall provide for the revision of the plan or programme, before the submission of the plan or programme for approval, taking into account the results of the reasoned opinion and the results of any transboundary consultation (if enabled).
    2. Information on the decision
      The proceeding/developer authority shall draw up the Declaration of synthesis and to and send it to the competent authority together with the plan or programme and the environmental report as revised in response to public consultations. The proceeding authority must make public the outcomes of the procedure through the publication of the final decision in the Official Journal of the Italian Republic, indicating the locations where the plan or programme adopted and all documents subject to the investigation can be examined.
      On the websites of the competent and proceeding authority shall also be made public:
      a) the reasoned opinion expressed by the competent authority;
      b) a summary statement that outlines how environmental considerations have been integrated into the plan or programme and how the environmental report and the results of consultations have been taken into account. Moreover,  the reasons for which the plan or programme adopted has been chosen, in the light of the possible alternatives that were identified, have to be underlined.
      c) the measures decided concerning monitoring (pursuant to Article 18 of the Legislative Decree 152/2006 and subsequent amendments).

    3. Monitoring
      The proceeding/developer authority, in collaboration with the competent authority, also making use of the system of environmental agencies and the High Institute for the Protection and Environmental Research, provides control on significant impacts on the environment due to the implementation of the plan or the approved programme and verifies the achievement of sustainability targets, so as to identify unforeseen negative impacts and take appropriate corrective measures.
      Through the websites of the proceeding/developer authority, of the competent authority and of the agencies concerned is given appropriate information about the modalities of the monitoring, of the results and any corrective measure. The information collected through the monitoring are taken into account in the case of any changes to the plan or programme; they are always included in the cognitive framework of the successive acts of planning or programming.

Obligations for the competent authority

  1. Administrative verification
    The Directorate for environmental assessments - Division V Environmental Assessment Systems provides for the verification of the admissibility of the request to start the procedure in terms of formal completeness of the acts acquired. On the basis of this activity notifies the developer and other Administrations concerned, in case of negative outcome, the actions and documentation necessary to the completion of the acts. Following the administrative verification, it will proceed to the transmission of administrative and technical documentation to the Technical Verification Committee of Environmental Impact  - SEA and EIA for the fulfilment of expertise.
  2. Consultation on the preliminary report (Article 13 paragraph 1 Legislative Decree 152/2006 and subsequent amendments)
    The competent authority shall enter into consultation with the developer and/or the proceeding authorities and other relevant actors in the environment, in order to define the scope and level of detail of the information to be included in the environmental report since the time of the preliminary activities for development of plans and programmes. The consultation on the preliminary report of the competent authority, the authority concerned, and the experts of environmental matters, unless otherwise agreed, concludes within 90 days after the preliminary report.
  3. Consultazione sulla proposta di piano/programma, rapporto ambientale e sintesi non tecnica (artt.13 comma 5 e 14 D.Lgs.152/2006 e s.m.i.)
    The competent authority shall enter into consultation with the developer and/or the proceeding authorities and other relevant actors in the environment, in order to define the scope and level of detail of the information to be included in the environmental report since the time of the preliminary activities for development of plans and programmes. The consultation on the preliminary report of the competent authority, the authority concerned, and the experts of environmental matters, unless otherwise agreed, concludes within 90 days after the preliminary report.
    Consultation on the plan/programme proposal, the environmental report and non-technical summary (articles 13 paragraph 5 and 14 Legislative Decree 152/2006 and subsequent amendments)
    Upon receipt of the plan/programme proposal, the environmental report and the non-technical summary, the Directorate for Environmental Assessments - Systems Division V environmental assessment shall publish on the SEA-EIA website the main project documentation deposited as well as the notice published in the Official Journal of the Italian Republic to allow the information and consultation of the public and the possible submission of comments. For a period of 60 days from the date of publication of the notice,  plans or programmes subject to the SEA procedure will be highlighted on the homepage of the SEA-EIA website and will subsequently be available on the same website, both in terms of progress of the procedure and of technical documentation provided by the developer in all procedural steps, through the different search criteria available (by territory, by type, type of procedure, textual).
  4. Transmission to Neighbouring States
    In the case of plans and programmes that can have significant impacts on the environment of another State, or if another State so requests, the Ministry of Ecological Transition, in consultation with the Ministry of Cultural Heritage and Activities and the Ministry of Foreign Affairs, and through him, in accordance with the Espoo Convention, provides for the notification of the request for interest in participating in the SEA process and to all documentation concerning the plan or programme. As part of the notification the deadline, not exceeding sixty days, to express their interest to participate in the procedure is fixed. .
  5. Technical investigation - evaluation
    The Technical Verification Committee of Environmental Impact  - SEA and EIA provides for the technical assessment by analyzing and evaluating the plan or programme and the environmental report, even in adversarial procedure with the developer. During the technical assessment the observations, objections and suggestions received and the results of any transboundary consultation (if enabled) are studied together with the opinions of other authorities and those of the parties responsible for environmental matters.
    The technical investigation concludes with an opinion of the Technical Verification Committee of Environmental Impact  - SEA and EIA  which may include requirements relating to the revision and implementation of the plan or programme.
  6. Decision
    On the basis of the opinion expressed by the Technical Verification Committee of Environmental Impact  - SEA and EIA and of the opinion of the Ministry of Cultural Heritage and Activities, the Directorate for Environmental Assessments - Division V environmental assessment Systems - prepares the draft of SEA reasoned opinion for the subsequent adoption of the inter-ministerial Decree (Minister of Ecological Transitiom and Ministry of Cultural Heritage and Activities).
  7. Timelines for the SEA  procedure 
    The timing for issuing a SEA procedure Decision (from the date of request for the initiation of the procedure) can be summarized as follows:
    • 90 days (Article 13, paragraph 2) consultation on the preliminary report, unless otherwise agreed;
    • 60 days (Article 14, paragraph 3) consultation on the plan/programme proposal, the environmental report and the non-technical summary;
    • 90 days (Article 15, paragraph 1) assessment.

    In accordance with the principles of economy and simplicity, the stages of storage, advertising and participation of the plan are coordinated with those of the SEA of the same, in order to avoid duplication and to ensure compliance with the deadline.

  8. Information on the decision
    The  SEA reasoned opinion issued by inter-ministerial decree shall be sent to the proceeding authority and to the developer, it is also published in full on the SEA-EIA website and on the website of the proceeding authority/developer.
    The final decision is published in the Official Journal of the Italian Republic with the indication of the locations where the plan or program as adopted and all documents subject to the assessment can be examined. Moreover, on the websites of the authorities concerned must be published:
    1. the reasoned opinion expressed by the competent authority;
    2. a summary statement that outlines how environmental considerations have been integrated into the plan or programme and how the environmental report and the results of consultations have been taken into account. Moreover,  the reasons for which the plan or programme adopted has been chosen, in the light of the possible alternatives that were identified, have to be underlined;
    3. the measures decided concerning monitoring.
  9. Monitoring and Control
    The Ministry of Ecological Transition, in collaboration with the proceeding authority or the developer, also making use of the system of environmental agencies (ISPRA, ARPA/APPA), provides control on significant impacts on the environment due to the implementation of the plans or the approved programmes and verifies the correspondence with the requirements contained in the SEA decision issued. The conduct and outcome of such activities, in cases of unforeseen negative effects in the evaluation phase, support corrective actions by the Ministry of Ecological Transition.