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Considering the above points, an SEA is required for following types of actions in an environmentally sensitive sector(1):
- When support is provided to policy-making or strategic planning, including the design of investment plans: nationally-owned SEA prepared with EU assistance.
- When considering budget support.
- When the project is providing strategic level support(2) or the project is supporting the implementation of a large part of the national sector strategy.
- When the support includes the preparation or revision of a sector-wide strategic or planning document in an environmentally sensitive sector.
- In any other sector, for budget support programmes that will be supporting sector strategies likely to result in significant adverse impacts on the environment, including climate, or whose effectiveness and sustainability may be significantly affected by adverse environmental trends including climate change, as determined by the SEA screening questionnaire.
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- Is the implementation of the sector programme/strategy likely to result in significant adverse impacts on the environment and human health, including significant contributions to GHG emissions or significant impacts on sensitive habitats and ecosystems? Impacts may be direct or indirect (e.g. promotion of subsidies to environmentally harmful or carbon-intensive products or activities) or cumulative and/ or transboundary.
- Is the implementation of the sector programme/strategy likely to result in large-scale land use change?
- Is the implementation of the sector programme/strategy likely to promote large-scale use of environmentally damaging substances (e.g. of herbicides for water weed control, pesticides in agriculture production)?
- Is the implementation of the sector programme/strategy likely to significantly hinder the achievement of objectives related to any of the following areas: (i) climate change mitigation, (ii) climate change adaptation, (iii) circular economy, (iv) water and marine resources, (v) pollution prevention and control, and/or (vi) biodiversity and ecosystems?
- Does the achievement of the programme/strategy objectives directly and significantly depend on the availability of scarce or degraded natural resources?
- Does the state of the environment have significant adverse effects on the performance of the sector (e.g. agriculture production at risk from significant scarcity of water, significant impacts of air pollution on health of the population)?
- Is the feasibility and sustainability of the action significantly vulnerable to the expected consequences of climate change?
- Is the implementation of the sector programme/strategy likely to include a number of projects that may require EIA(3) and that could result in significant cumulative impacts on the environment and health (e.g. a cascade of hydropower dams, multiple water extractions from one river basin)?
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Projects can be divided into two categories(4):
- Category A: Projects which always require EIA
- Category B: Projects that may require EIA based on screening criteria
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- Any project that requires an EIA according to the national EIA legislation
- Crude-oil refineries (excluding undertakings manufacturing only lubricants from crude oil) and installations for the gasification and liquefaction of 500 tonnes or more of coal or bituminous shale per day.
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- Thermal power stations and other combustion installations with a heat output of 300 megawatts or more.
- Nuclear power stations and other nuclear reactors including the dismantling or decommissioning of such power stations or reactors(5) (except research installations for the production and conversion of fissionable and fertile materials, whose maximum power does not exceed 1 kilowatt continuous thermal load).
- Installations for the reprocessing of irradiated nuclear fuel.
- Installations designed:
- for the production or enrichment of nuclear fuel;
- for the processing of irradiated nuclear fuel or high-level radioactive waste;
- for the final disposal of irradiated nuclear fuel;
- solely for the final disposal of radioactive waste;
- solely for the storage (planned for more than 10 years) of irradiated nuclear fuels or radioactive waste in a different site than the production site.
- Integrated works for the initial smelting of cast iron and steel;
- Installations for the production of non-ferrous crude metals from ore, concentrates or secondary raw materials by metallurgical, chemical or electrolytic processes.
- Installations for the extraction of asbestos and for the processing and transformation of asbestos and products containing asbestos: for asbestos-cement products, with an annual production of more than 20 000 tonnes of finished products, for friction material, with an annual production of more than 50 tonnes of finished products, and for other uses of asbestos, utilisation of more than 200 tonnes per year.
- Integrated chemical installations, i.e., those installations for the manufacture on an industrial scale of substances using chemical conversion processes, in which several units are juxtaposed and are functionally linked to one another, and which are:
- for the production of basic organic chemicals;
- for the production of basic inorganic chemicals;
- for the production of phosphorous-, nitrogen- or potassium-based fertilisers (simple or compound fertilisers);
- for the production of basic plant health products and of biocides;
- for the production of basic pharmaceutical products using a chemical or biological process;
- for the production of explosives;
- Construction of lines for long-distance railway traffic and of airports(6) with a basic runway length of 2 100 m or more;
- Construction of motorways and express roads(7);
- Construction of a new road of four or more lanes, or realignment and/or widening of an existing road of two lanes or less so as to provide four or more lanes, where such new road or realigned and/or widened section of road would be 10 km or more in a continuous length.
- Inland waterways and ports for inland-waterway traffic which permit the passage of vessels of over 1 350 tonnes;
- Trading ports, piers for loading and unloading connected to land and outside ports (excluding ferry piers) which can take vessels of over 1 350 tonnes.
- Waste disposal installations for the incineration, chemical treatment as defined in Annex I to Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste under heading D9, or landfill of hazardous waste, as defined in point 2 of Article 3 of that Directive.
- Waste disposal installations for the incineration or chemical treatment as defined in Annex I to Directive 2008/98/EC under heading D9 of non-hazardous waste with a capacity exceeding 100 tonnes per day.
- Groundwater abstraction or artificial groundwater recharge schemes where the annual volume of water abstracted or recharged is equivalent to or exceeds 10 million cubic metres.
- Works for the transfer of water resources between river basins where that transfer aims at preventing possible shortages of water and where the amount of water transferred exceeds 100 million cubic metres/year;
- In all other cases, works for the transfer of water resources between river basins where the multi-annual average flow of the basin of abstraction exceeds 2 000 million cubic metres/year and where the amount of water transferred exceeds 5 % of that flow. In both cases transfers of piped drinking water are excluded.
- Wastewater treatment plants with a capacity exceeding 150 000 population equivalent as defined in point 6 of Article 2 of Council Directive 91/271/EEC of 21 May 1991 concerning urban wastewater treatment.
- Extraction of petroleum and natural gas for commercial purposes where the amount extracted exceeds 500 tonnes/day in the case of petroleum and 500 000 cubic metres/day in the case of gas.
- Dams and other installations designed for the holding back or permanent storage of water, where a new or additional amount of water held back or stored exceeds 10 million cubic metres.
- Pipelines with a diameter of more than 800 mm and a length of more than 40 km:
- for the transport of gas, oil, chemicals;
- for the transport of carbon dioxide (CO2) streams for the purposes of geological storage, including associated booster stations.
- Installations for the intensive rearing of poultry or pigs with more than:
- 85 000 places for broilers, 60 000 places for hens;
- 3 000 places for production pigs (over 30 kg); or
- 900 places for sows.
- Industrial plants for the production of:
- pulp from timber or similar fibrous materials;
- paper and board with a production capacity exceeding 200 tonnes per day.
- Quarries and open-cast mining where the surface of the site exceeds 25 hectares, or peat extraction, where the surface of the site exceeds 150 hectares.
- Construction of overhead electrical power lines with a voltage of 220 kV or more and a length of more than 15 km.
- Installations for storage of petroleum, petrochemical, or chemical products with a capacity of 200 000 tonnes or more.
- Storage sites pursuant to Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide.
- Installations for the capture of CO2 streams for the purposes of geological storage pursuant to Directive 2009/31/EC from installations covered by this Annex, or where the total yearly capture of CO2is 1,5 megatonnes or more.
- Any change to or extension of projects listed above where such a change or extension in itself meets the thresholds, if any, set out in this list.
- Any project which requires an EIA according to national regulations or to standards of co-donors.
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The screening criteria below, or those defined in the applicable national legislation, have to be applied to determine if a Category B project requires an EIA.(8)
Criteria | Guiding questions |
1. Characteristics of projects The characteristics of projects must be considered, with particular regard to: | |
a. the size and design of the whole project; b. cumulation with other existing and/or approved projects; c. the use of natural resources, in particular land, soil, water and biodiversity; d. the production of waste; e. pollution and nuisances; f. the risk of major accidents and/or disasters which are relevant to the project concerned, including those caused by climate change, in accordance with scientific knowledge; g. the risks to human health (for example due to water contamination or air pollution). |
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2. Location of projects The environmental sensitivity of geographical areas likely to be affected by projects must be considered, with particular regard to: | |
a. the existing and approved land use; b. the relative abundance, availability, quality and regenerative capacity of natural resources (including soil, land, water and biodiversity) in the area and its underground; c. the absorption capacity of the natural environment, paying particular attention to the following areas: i. wetlands, riparian areas, river mouths; ii. coastal zones and the marine environment; iii. mountain and forest areas; iv. nature reserves and parks; d. areas classified or protected under national legislation; e. areas in which there has already been a failure to meet the environmental quality standards, laid down in national legislation and relevant to the project, or in which it is considered that there is such a failure; f. densely populated areas; g. landscapes and sites of historical, cultural or archaeological significance. |
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3. Type and characteristics of the potential impact The likely significant effects of projects on the environment must be considered in relation to criteria set out in points 1 and 2 above, with regard to the impacts of the intervention on the following factors: | |
a. population and human health; b. biodiversity, with particular attention to species and habitats protected under national legislation or international convention and treaties; c. land, soil, water, air and climate; d. material assets, cultural heritage and the landscape; e. the interaction between the factors referred to in points (a) to (d). Taking into account: a. the magnitude and spatial extent of the impact (for example geographical area and size of the population likely to be affected); b. the nature of the impact; c. the transboundary nature of the impact; d. the intensity and complexity of the impact; e. the probability of the impact; f. the expected onset, duration, frequency and reversibility of the impact; g. the cumulation of the impact with the impact of other existing and/or approved projects; the possibility of effectively reducing the impact. |
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- If an EIA or an SEA is foreseen, it shall be designed to explicitly consider the project’s vulnerability to climate change;
- If an EIA or SEA are not foreseen, a specific CRA should be launched, considering the specific hazards, exposure and vulnerability of the action.
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(1) Environmentally sensitive sectors include: agriculture; energy; fisheries; forestry; industry; private sector development; telecommunications; tourism; town and country planning or land use; transport; waste management; and water management. Anchor (1) (1)
(2) Support is considered to be at a strategic level if (i) support is provided to the development/revision of the sector’s policy, regulatory and/or institutional framework, and/or (ii) foresees the implementation (or sets the framework for the implementation of) multiple projects that may have significant cumulative impacts on the environment (e.g. multiple infrastructure projects, projects requiring execution of construction works or multiple projects that require land use change or intensive use of natural resources). Anchor (2) (2)
(3) See section on EIA screening below for further details. Anchor (3) (3)
(4) The lists of projects are aligned to the EIA Directive. Anchor (4) (4)
(5) Nuclear power stations and other nuclear reactors cease to be such an installation when all nuclear fuel and other radioactively contaminated elements have been removed permanently from the installation site. Anchor (5) (5)
(6) For purposes of this screening procedure, ‘airport’ means an airport which complies with the definition in the 1944 Chicago Convention setting up the International Civil Aviation Organisation. Anchor (6) (6)
(7) For purposes of this screening, ‘express road’ means a road which complies with the definition in the European Agreement on Main International Traffic Arteries of 15 November 1975. Anchor (7) (7)
(8) These are the selection criteria presented in Annex III of the EIA directive. Anchor (8) (8)
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