Strategic environmental assessment

Introduction

Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment (OJ L 197, 21.7.2001) (the EU SEA Directive), as it continues to have effect in the EU, entered into force on 21 July 2001.

The EU SEA Directive requires EU Member States to make environmental assessments for plans and programmes likely to have significant environmental impacts. The objective of this requirement is to provide for a high level of protection of the environment and integrate environmental considerations into the development of plans and programmes.

Environmental assessment is defined as the ‘preparation of an environment report, the carrying out of consultations, the taking into account of the environment report and the consultations in decision-making and the provision of information on the decision’ that is eventually taken. See Practice Note: Strategic Environmental Assessment.

Implementation in England and Wales

In England, the EU SEA Directive was implemented by the Environmental Assessment of Plans and Programmes Regulations 2004, SI 2004/1633.

In Wales, the EU SEA Directive was implemented by the Environmental Assessment of Plans and Programmes

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

TAKE A FREE TRIAL

Latest Environment News

ECHA updates progress on PFAS restriction proposal evaluation

The European Chemicals Agency (ECHA) has issued a progress update on the evaluation of the per- and polyfluoroalkyl substances (PFAS) restriction proposal. ECHA and five European countries are reviewing over 5,600 comments received during consultation, identifying additional uses for assessment, and considering alternative restriction options beyond a full ban. The agency is evaluating the proportionality of these options for specific sectors, such as batteries and fuel cells, to inform the ongoing scientific committee evaluations.

Environment weekly highlights—21 November 2024

This week's edition of Environment weekly highlights includes: analysis on the consultation on expanding tax conditionality to new sectors, the case of Smallbrook v BCC, considering the tension between proposals seeking to reuse and repurpose buildings and those seeking to demolish and rebuild them and will be of relevance to those involved in regeneration projects which consider the two alternatives, and what businesses need to know about ASA, AI and greenwashing. It also covers developments at the 29th Conference of the Parties of the United Nations Framework Convention on Climate Change (COP29), the Office for Environmental Protection (OEP) and Green Alliance (GA) being granted permission to intervene in the appeal of R (Rights Community Action Ltd) v the Secretary of State for Housing, Communities and Local Government [2024] EWHC 1693 (Admin) and the launch of the Global Clean Power Alliance at G20 summit. In addition this week, the Department for Energy Security and Net zero (DESNZ) has announced of plans to introduce legislation aimed at restricting the future licensing of new coal mines in the UK the Office for Environmental Protection (OEP) has launched an investigation into the legality of the Department for Environment, Food and Rural Affairs (Defra)’s Statutory Guidance on applying the Farming Rules for Water, , the Department of Agriculture, Environment and Rural Affairs (DAERA) Minister, Andrew Muir, has announced an independent review of environmental governance in Northern Ireland, Defra has announced an update on the implementation of the Deposit Return Scheme (DRS) for drinks containers, reaffirming its commitment to launching the DRS across England, Scotland, and Northern Ireland in October 2027 and the Environment Agency (EA) has launched a consultation titled ‘River basin planning: working together 2024’, as the first consultation in the process of reviewing and updating river basin management plans (RBMPs) for 2027.

Prime Minister launches Global Clean Power Alliance at G20 summit

The Prime Minister has launched the Global Clean Power Alliance at the G20 Summit in Rio de Janeiro, Brazil, with 12 countries, including Brazil, Australia, Barbados, Canada, Chile, Colombia, France, Germany, Morocco, Norway, Tanzania, and the African Union, signing up to its inaugural mission. The US and the EU will also partner with the UK on this initiative. The Alliance aims to expedite the global clean energy transition by uniting developed and developing nations to meet COP28 commitments to triple renewable energy and double energy efficiency. It will have ‘Missions’ to address critical energy transition challenges, starting with a ‘Finance Mission’, co-chaired by Brazil, which seeks to unlock private finance for developing countries.

Commission publishes Q&A on importer requirements of EU Methane Regulation

The European Commission has issued guidance on importer requirements under Regulation 2024/1787/EU (the EU Methane Regulation). The Commission has clarified that there are no derogations for reporting goods from unspecified origins, and importers must provide all information set out in Annex IX. Failure to do so requires sound justification and an action plan. The guidance emphasises that importers are responsible for ensuring required information is passed down through the supply chain. Compliance can be demonstrated through OGMP 2.0 level 5 or third-party verification, with financial penalties applicable for breaches.