Strategic Environmental Assessment (SEA) Directive
Definition of plans and projects
Like the EIA Directive, the SEA Directive then prescribes a category for which assessment is mandatory, and a category where Member States have a degree of discretion.
Article 2(a) of the SEA Directive defines ‘plans and programmes’ as follows:
‘(a) ‘plans and programmes’ shall mean plans and programmes, including those co-financed by the European Community, as well as any modifications to them:
- which are subject to preparation and/or adoption by an authority at national, regional, or local level or which are prepared by an authority for adoption, through a legislative procedure by Parliament or Government, and
- which are required by legislative, regulatory or administrative provisions’
The first requirement in order for plans and programmes to be subject to the directive is that they must meet the conditions of both indents in Article 2 (a). This means that they must be both 'subject to preparation and/or adoption by the prescribed authorities' and 'required by legislative, regulatory or administrative provisions'.
Further, this provision requires the preparation or adoption of the plans and programmes by an authority, either at national, regional or local level and they have to be required by legislative, regulatory or administrative provisions.
This narrow definition is limited by Article 3 (8) of the SEA Directive, excluding plans and programmes with the sole purpose of serving national defence or civil emergencies and financial and budget plans and programmes.
Contrary to the EIA Directive, the SEA Directive includes provisions with a time limit, such as Article 13 (3). Further, in contrast to the EIA Directive, environment assessment under the SEA Directive means ‘the preparation of an environment report, the carrying out of consultations, the taking into account of the environment report and the consultation in decision-making and the provision of information on the decision’ that is finally taken.
The definition of plans and programmes includes modifications to them. Many plans, especially land use plans, are modified when they eventually become outdated rather than being prepared afresh. Such modifications are treated in the same way as plans and programmes themselves and require environmental assessment, provided the criteria laid down in the directive are met. If such modifications were not given the same importance as the plans and programmes themselves, the field of application of the directive would be more restricted (See also Case C-72/95 (Kraaijeveld) which dealt with a similar point in relation to the EIA Directive before its amendment by Directive 97/11/EC). The adoption of such modifications will be subject to an appropriate procedure.