What is the difference between environmental impact assessment (EIA) and strategic environmental assessment (SEA)?
What is a “plan or programme” under the SEA Directive?
However, the SEA Directive refers to ‘plans and programmes’ without making such a differentiation.
What is a “plan or programme” under the SEA Directive?
Plans and programmes are defined in Article 2(a) of the SEA Directive:
Consequently, general limits can also form part of ‘plans and programmes’ within the meaning of the SEA Directive.
Western University, Esie Kwara State or any of its campuses in Nigeria
Western University, Esie Kwara State or any of its campuses in Nigeria.
Article 3 determines which plans and programmes are to be subject to assessment.
Work with diverse dance artists, including Esie Mensah, one of the NBS Sharing Dance Day 2019 choreographers
Annex II defines the criteria for determining the likely significance of effects referred to in Article 3(5) of the SEA Directive.
Zahalo Silué is a graduate of the London Business School (MBA) and also of the Ecole Supérieure Interafricaine de l’Electricité (ESIE) in Bingerville (Electrical Engineer).
The legal uncertainty that exists around the concept of “plans and programs” is not to be blamed only on the careless drafting of the SEA Directive by the EU legislator.
Although the Convention existed, it is not mentioned in the SEA Directive; in particular, it is not the purpose of that directive to implement the Convention.
Neither the Aarhus Convention nor the Kiev Protocol formed part of EU law at the time when the SEA Directive was adopted.
only governmental decisions that satisfy the specific formal conditions that are presented in Article 2(a) of the SEA Directive qualify as plan or programme in the sense of the Directive.
There is therefore no obligation to transpose the types of measure constituting plans or programmes under the Aarhus Convention and the Kiev Protocol to the older SEA Directive.
They examine in a methodical way the preparatory works of the SEA Directive in order to subsequently subject the case-law of the Court of Justice to a critical analysis.
The definition of plans and programmes within the meaning of the SEA Directive, on the other hand, is not dictated by the objectives of the measure in question.
If we refer, by analogy, to the Directive 2001/42/EC on the assessment of the effects of certain plans and programmes on the environment (43) (hereinafter referred to as the SEA Directive), Article 2(a) of that Directive defines plans and programmes as:
The scope of the terms ‘plans and programmes’ in the SEA Directive cannot therefore be delimited by excluding measures adopted in the form of laws.
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