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SEA IN THE CONTEXT OF LANDTUSE PLANNING

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competence for action in the environmental sector (Kläne and Albrecht 2005). Thediscussion of the need to prepare an EC directive on strategic environmental assessmentdeveloped from the critique of the Council Directive on the Environmental ImpactAssessment for projects 85/337/EC and a need to extended its scope to also cover plans andprogrammes that have consequences for the application and granting of permission ofprojects. According to Kläne and Albrecht, the directive is largely based upon the samemethodology as the EIA directive, with extended scope to also cover plans and programmesthat have consequences for the application and granting permission for projects. This is alsoreflected in the methodology of the <strong>SEA</strong> process that is based upon the same steps as theEIA process, i.e. screening, scoping, report preparation, reporting of environmental impacts,monitoring and follow-up.The obligation laid on member states to carry out a systematic assessment of theenvironmental effects of plans and programmes also applies through the Council Directive79/409/EEC on the conservation of wild birds; the Habitats Directive 92/43/EEC (Article6, paragraph 3) which includes requirements for an environmental assessment; as well as inthe Directive 2000/60/EC that establishes a framework for Community action on waterpolicy (Dalal-Clayton and Sadler 2005, Kläne and Albrecht 2005). Furthermore, the firstStructural Fund Regulations required an assessment of environmental impacts to be includedin the review of the programme, as well as the following Structural Fund Regulationsrequirements for an ‘ex-ante’ assessment to be carried out, which are in many ways similar to<strong>SEA</strong> (Kläne and Albrecht 2005). However, formal requirements on <strong>SEA</strong> have not existed andthe Structural Funds were excluded from the <strong>SEA</strong> requirements until the current period2007-2013. These defects of environmental consideration in European regional growth policyare discussed by Emmelin and Nilsson (2006) as a part of MiSt programme. The applicationof <strong>SEA</strong> to European programmes was discussed during the establishment of the Trans-European Transport Network as early as 1993/1994 (Richardson 2000), where theimportance of development suitable methods for analysing and evaluating environmentalimpact of the whole network was discussed. However, the importance of the <strong>SEA</strong> directive interms of strategic assessment is stressed by Dalal-Clayton and Sadler (2005)“…<strong>SEA</strong> experience associated with these other instruments appears to be limited, and it is probablysafe to say that implementation of the <strong>SEA</strong> Directive will be more extensive and it will be thecornerstone for meeting the requirements of Community legislation”.2.2 The preparation of the <strong>SEA</strong> directiveThe initial official commitment by the European Commission to prepare a directive onstrategic assessment dates from 1987, where the stated intention was to include policies aswell as plans and programmes (Dalal-Clayton and Sadler 2005). The first proposal for aCouncil Directive on <strong>SEA</strong> was presented in 1990, but abandoned until 1995 when the secondand third proposals were presented. The third proposal for the directive was presented in1997 (OJ C 129) and the fourth (OJ C 83) in 1999. The amended text for the proposal servedas a basis for the negotiations at the Council level with 15 Member States during 1999. ACommon Positions was agreed upon in 2000 (OJ C 137) and amendments to the CommonPositions (OJ C 135/155) were agreed upon in 2001 and later confirmed as a CouncilDirective 2001/42/C on the 21 st of June 2001.During the preparation period of the directive the underlying ideas developed andchanged and the ideas were negotiated between the member states. A fundamental idea thatwas changed from the initial ideas of the directive regarded the scope of the directive, whichin the initial proposals from 1995 was intended also to cover policies, as well as plans andprogrammes. The fourth directive proposal in 1996 was limited to spatial plans, but later it20

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