IMPLEMENTING THE SEADIRECTIVE IN SWEDEN THE PROCEDURE

1
IMPLEMENTING THE SEA-DIRECTIVE IN SWEDENTHE
PROCEDURE

• PARLIAMENTARY COMMITTEE
• A parliamentary committee for the review of the
  Planning and Building
• Act has studied the question of implementing
  the Directive and has
• proposed legislation. Its report (swedish only)
  can be found at
• www.sou.gov.se/pbl and
• http//miljo.regeringen.se/propositionermm/sou/i
  ndex.htm

• TIME PRESSURE AND UNFORTUNATE TIMING
• Work had to be done in little more than six
  months. No time for
• broad discussions or thorough analysis.
  Implementation could not wait for
• results from ongoing reviews of major relevant
  acts no overall solution.

• ADDITIONAL WORK NECESSARY
• The Committes report is circulated for
  comments until October 15.
• Governmental bill to Parliament at end of the
  year for possible
• adoption in spring 2004. Additional Ordinances
  in spring.

2
THE COMMITTEE OBJECTIVES FOR THE
IMPLEMENTATION
Implementation as clear and simple as possible.
In line with the demands of the Directive, no
complaints from the Commission
No reason for higher level of ambition than the
minimum
Use existing names and expressions as far as
possible
Simplistic and minimalistic approach
3
WHICH PLANS/PROGRAMMES FALL UNDER THE
DIRECTIVE?
LAND USE PLANS (Planning and Building Act)
TRANSPORT PLANS (Ordinance)
ENERGY PLANS (Act)
WASTE MANAGEMENT PLANS (Act)
FUTURE PLANS/ PROGRAM- MES
Municipal Energy Plans Mandatory, not
binding
Regional Plan Not mandatory nor
binding Municipal Comprehensive Plan Mandatory,
not binding Area Regulations Not mandatory but
binding Detailed Development Plan Mandatory and
binding
National Road Plan National Plan for Main
Railways County Plans for Regional Transport
Infrastructure All mandatory
Municipal Waste Disposal Plans (Mandatory)
Water Framework Directive ?
OTHER PLANS
4
DIFFERENT WAYS TO IMPLEMENT

• Complementary provisions i existing legislation
• - Implementation in the Environmental Code
• - Implementation in the Planning and Building
  Act
• - Implementation in all relevant Acts
• New separate Act

5
COMMITTEES PROPOSALIMPLEMENTATION IN
ENVIRONMENTAL CODE

• Advantages
• Few changes in legal structure
• Contains main provisions on environment
• Contains EIA provisions
• Broad field of application

6
COMMITTEES PROPOSAL
TECHNICAL SOLUTION

• SEA-provisions introduced in Chapter 6 in the
  Code which already contains the EIA-provisions.
• Main provisions in Directive placed after
  existing EIA-
• provisions.
• No statement of specific plans/programmes,
  Government may specify them in Ordinance as well
  as Art. 3.2 3.9 in Directive.
• Art. 5 and 6 and Annex I in Directive merged into
  one lengthy paragraph.

7
COMMITTEES PROPOSAL
PROBLEMS AND DISPUTABLE ISSUES

• Protocol on SEA not included.
• Problematic structuring of Directives
  provisions.
• Confusing names and expressions
• EIA has for long been translated as
  Environmental Impact Description.
• Environmental assessment now called
  Environmental Impact Assessment
• Environmental Report now called EIA for
  plans/programmes.
• Minimalistic approach politically acceptable?