Horizontal Environmental Policy

Editor's note 21Mar13: Source D141 (common sections), D241, D341.

In the European Union, the Environmental Impact Assessment was established by the European EIA Directive (97/11/EC) and followed by the SEA Directive (2001/42/EC) four years later. Both Directives are closely linked to spatial and land use planning and are considered the most important legal instruments of horizontal European environmental policy, unifying the provisions of other environmental legislation, with the potential to address LEDD processes in a holistic manner.

The common aim of both Directives is to ensure that projects, policies, plans and programmes minimise their environmental impacts. EIA and SEA are related as in most cases a SEA is conducted before a corresponding EIA. This means that information on the environmental impact of a plan can cascade down through the tiers of decision making and can be used in an EIA at a later stage.

The Strategic Environmental Assessment (SEA) is typically a cross-sectoral decision-making process that identifies, describes and evaluates the objectives and the geographical scope of policies, plans and programmes (PPPs). It explores the linkages between a programme element and the environment, as early as possible in the planning process. In the case that an environmental assessment is required an environmental report shall be prepared in which the likely significant effects on the environment have to be considered, covering "biodiversity, population, human health, fauna, flora, soil, water, air, climatic factors, material assets, cultural heritage including architectural and archaeological heritage, landscape and the interrelationship between the above factors." Consequently, the SEA is focused on foreseeable negative impacts of land-use change that can be reduced or even prevented by considering reasonable alternatives.

Generally speaking, the SEA is a process-oriented approach and a supporting action that encourages sustainable management and land protection applied to plans and programmes on national, regional as well as on local level. The process covers amonst others overarching strategies and programmes, regional plans, transport infrastructure plans, land use plans, landscape plans, urban development plans, river basin management plans, management plans for agriculture and forestry and plans affecting areas under the Habitat and Birds Directive.

Since the introduction of the SEA, PPPs are more likely to confirm with ideas of sustainable development. If properly applied, the SEA has a strong influence on spatial development and the allocation of different land-uses, as it not only gives information about significant effects on the environment, but also considers their cumulative impacts and the secondary effects of plans and programmes. While, the types of plans and programmes to be considered within the SEA process may differ from each Member State, the SEA process allows for the consideration of drivers of land degradation and desertification.

While, the SEA can help prevent land degradation and desertification, it must be recognised that this instrument is not specifically designed to stop and reverse LEDD-processes. Instead, it promotes sustainable land use practices and environmental protection, through its preventive and preparatory character.

SEA's may be applied to agricultural programmes covering, inter alia, support of diversification of the rural economy, planning for ecological resilience, promotion of diverse and largely intact landscapes, introduction of water saving technologies, introduction to integrated agricultural practices, establishment of green corridors in urban fringe zones and in areas with agricultural monocultures and pastures and establishment of ecological networks. With regard to LEDD, a SEA may also be helpful in highlighting its negative impacts upon natural hazards risk, such as droughts, for the wider public.

The Environmental Impact Assessment (EIA) is always linked to projects, using quantitative data, scenarios and prognoses. Consequently, it can be very specific with regard to significant environmental impacts. It provides both, private and public projects a systematic review of environmental issues based on the precautionary principle. It is aimed at improving planning by clarifying potentially significant environmental impacts. It examines direct and indirect effects of a project on human health, fauna and flora, soil, water, air, climate and the landscape, material assets and the cultural heritage. In practice, the EIA often addresses the direct, on-site effects alone.

Much of the implementation of EIA is left to the Member State. Criteria for projects, where EIA reports are required are set at the national level. It is important to point out, however, that in agricultural projects, application of EIA is generally not required or has a narrow spatial and temporal scope. Hence, agricultural aspects are addressed rather incidentally.

The EIA, due to its extremely localised focus and limited sectoral application, has limited potential to directly combat land degradation. On the other hand, it does contribute to the transparency of planning decisions and the consideration of likely negative impacts. In this manner, the EIA may contribute to reducing the impacts of additional land consumption and inappropriate land-use.

Proposed prevention and mitigation measures for cropland and grazing land can cover a wide range of environmental factors, including, inter alia: efficient water use, maintaining groundwater levels needed for agriculture and fauna, soil reclamation, control of salinity and pollution by agrochemicals and pesticides. Mitigating measures for forests & shrubland may include reforestation or creation of new habitats.

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