Environmental Impact Assesment and Strategic Environmental Assesment tools for biodiversity conserva

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Environmental Impact Assesment andStrategic
Environmental Assesment tools for biodiversity
conservation

• Emilian Burdusel
• Clubul ecologic UNESCO Pro Natura

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Content

• EIA/SEA and biodiversity
• Legislative framework in EU and Romania
• Implementation in Romania
• Proposed solutions

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EIA/SEA and biodiversity

• Biodiversity values are often underestimated.
  They include
• Economic values biodiversity goods and products
  are sold for income or used as inputs to other
  economic activities
• Social values employment, health, quality of
  life, social security, appreciation.
• Intrinsic values in many cultures and societies,
  all or some components of biodiversity have
  intrinsic value in their own right,
  irrespective of any material contribution to
  human wellbeing.
• EIA/SEA provides opportunities to ensure that
  biodiversity values are
• recognized and taken into account in
  decision-making.

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EIA/SEA and biodiversity

• Aim for Conservation and No Net Loss of
  Biodiversity. Biodiversity must be
• conserved to ensure it survives, continuing to
  provide services, values and benefits
• for current and future generations.
• Take an Ecosystem Approach. The CBD advocates an
  ecosystem approach
• because people and biodiversity depend on
  healthily functioning ecosystems that
• have to be assessed in an integrated way, not
  constrained by artificial boundaries.
• Seek Sustainable Use of Biodiversity Resources.
  Use IA to identify, protect and
• promote sustainable use of biodiversity.
  Recognize the benefits of biodiversity in
• providing essential life support systems and
  ecosystem services such as soil
• formation, water purification, breakdown of
  wastes, flood control.
• Ensure Equitable Sharing. Ensure traditional
  rights and uses of biodiversity are
• recognized in EIA and the benefits from
  commercial use of biodiversity are shared
• fairly.

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Legislative framework in EU and Romania

• The Convention on Biological Diversity (CBD), the
  Ramsar Convention, and the Convention on
  Migratory Species (CMS) recognize IA as an
  important decision-support tool to help plan and
  implement development with biodiversity in
  mind.
• Biodiversity in EIA and SEA, Background Document
  to CBD Decision VIII/28 Commission for
  Environmental Assessment, The Netherlands

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Legislative framework in EU and Romania

• Article 6(3) and (4) of the Habitats Directive
  92/43/EEC
• 3. Any plan or project not directly connected
  with or necessary to the management
• of the site but likely to have a significant
  effect thereon, either individually or in
• combination with other plans or projects, shall
  be subject to appropriate
• assessment of its implications for the site in
  view of the sites conservation
• objectives. In the light of the conclusions of
  the assessment of the implications for
• the site and subject to the provisions of
  paragraph 4, the competent national
• authorities shall agree to the plan or project
  only after having ascertained that it will
• not adversely affect the integrity of the site
  concerned and, if appropriate, after
• having obtained the opinion of the general
  public.
• 4. If, in spite of a negative assessment of the
  implications for the site and in the
• absence of alternative solutions, a plan or
  project must nevertheless be carried out
• for imperative reasons of overriding public
  interest, including those of social or
• economic nature, the Member State shall take all
  compensatory measures
• necessary to ensure that the overall coherence of
  Natura 2000 is protected. It shall
• inform the Commission of the compensatory
  measures adopted.

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Legislative framework in EU and Romania

• Habitats Directive 92/43/EEC Article 6(3) and
  (4), transposed in Romanian legislation in
• Protected areas law Emergency Ordinance no.
  154/2008 that modified EO no. 57/2007
• EIA legislative act Governmental Decision no.
  445/2009
• SEA legislative act GD no. 1076/2004 must be
  adapted according with the Habitats Directive,
  article 6(3),(4)
• There is not available yet a Guide on adequate
  evaluation, including the biodiversity aspects on
  EIA/SEA. A Ministerial Order is in the process to
  be approved.

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Assessment of plans and projects significantly
affecting Natura 2000 sites. Methodological
guidance on the provisions of Article 6(3) and
(4) of the Habitats Directive 92/43/EEC
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Natura 2000 sites 17 , National protected
areas 7
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Implementation in Romania-Problems-

• The lack of a methodological guide on adequate
  assessment
• The quality of the assessment in terms of
  including biodiversity aspects
• The dependency by beneficiary (lack of
  impartiality) of expert companies which
  elaborates studies
• The lack of biodiversity experts involved in
  EIA/SEA
• The public participation methods in EIA/SEA are
  not adapted to the needs of local communities
  (rural population) leaving in or near protected
  areas.

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Implementation in Romania-Proposed solution-

• To adopt The Guide on adequate EIA/SEA, including
  biodiversity aspects
• To integrate the adequate assessment in the
  current EIA/SEA procedure
• To improve the methods for checking the quality
  of the assessment in terms of including
  biodiversity aspects (independent experts)
• To control more the public participation methods
  in EIA/SEA in order to be more adapted to the
  needs of local communities (rural population)
  leaving in or near protected areas.

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Thank you very much!