IA Network Webinar
Competent Experts
EIA Directive Transposition Series
28 April 2016
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IA News – April 2016
•
ESIA and IFI Update
•
Proportionate EIA
•
IEMA on International Stage (HK, Japan, EC, Nigeria, MENA, Peru)
•
Health & EIA Briefing Note
•
IEMA & IA Network 2016 Publications
•
IA Network Webinars to end 2016
EIA Directive Transposition Series
Competent Experts
Today’s Webinar:
• What does 2014/52/EU say about experts? (JF)
• What is competence & expertise? (Rufus Howard, RH DHV)
• IEMA Position & EU Progress – Competent Experts (JF)
• Sufficient Expertise in LPAs (Harriet Peacock, LBTH)
• Perspective on the role of IEMA Registers (RH)
Q&A
What does 2014/52/EU
say about experts?
Josh Fothergill, IEMA
2014/52/EU
Establishes a new direction for the once
procedurally focussed EIA Directive
Significant focus on Quality in EIA
2011/92/EU = zero references to quality of EIA in pre-amble
2014/52/EU = five references to quality of EIA in pre-amble
Experts & Expertise - 2014/52/EU
Pre-amble (Para 33)
Experts involved in the preparation of environmental impact
assessment reports should be qualified and competent.
Sufficient expertise, in the relevant field of the project concerned,
is required for the purpose of its examination by the competent
authorities in order to ensure that the information provided by the
developer is complete and of a high level of quality.
Experts & Expertise - 2014/52/EU
Article 5
3.In order to ensure the completeness and quality of the
environmental impact assessment report:
(a) the developer shall ensure that the environmental impact
assessment report is prepared by competent experts;
(b) the competent authority shall ensure that it has, or has
access as necessary to, sufficient expertise to examine the
environmental impact assessment report;
What is competence &
expertise?
Rufus Howard, Royal Haskoning DHV
IEMA Position:
Article 5(3)(a)
Competent Experts
Josh Fothergill, IEMA
Recap: 2014/52/EU
Article 5 (3) (a) - the developer shall ensure that the
environmental impact assessment report is prepared by competent
experts
AND
Paragraph 33 (Pre-amble):
Experts involved in the preparation of environmental impact
assessment reports should be qualified and competent.
Competent Experts in What?
What does the Directive tell us?
1
Article 5 (3) (a) - the developer shall ensure that the
environmental impact assessment report is prepared by competent
experts
What does that mean?
Experts competent in preparation of EIA Reports (ES)
Competent Experts in What?
What does the Directive tell us?
2
Pre-amble (Para 32)
Data and information included by the developer in the
environmental impact assessment report, in accordance with
Annex IV to Directive 2011/92/EU, should be complete and of
sufficiently high quality.
What does that mean?
Future ES must have complete and sufficiently high quality
data and information regarding relevant parts of Annex IV
Competent Experts in What?
What doesn’t the Directive tell us?
Who it refers to with regards competent experts:
a) EIA Co-ordinator
b) Lead Topic Specialists + a)
c) Anyone contributing to topic assessments + b)
d) Anyone who works on the ES
Definition of:
- Qualified
- Competent
- Expert
Competent Experts - IEMA Position
Government & Devolved Admins should...
1) Minimise risk of legal challenge by avoiding undue interpretation
2) Aim to deliver a single approach across all the UK’s EIA
Regulations
3) Enable a market led approach to compliance, but provide
general guidance in collaboration with professional bodies
4) Define a minimum requirement that the EIA Co-ordinator is a
competent expert
Competent Experts - IEMA Position
An EIA Co-ordinator should be considered a
Competent Expert if they can demonstrate:
1) Full membership of a relevant professional body;
and
2) Sufficient relevant experience of leading the EIA process;
and
3) Evidence of recent continuing professional development relevant
to maintaining expertise in the co-ordination of the EIA process to
ensure quality and completeness of data and information referred to
in Annex IV
Competent Experts – EU Progress
IEMA’s 2013 concerns are being realised...
The lack of definition / clarification related to 2014/52/EU’s
Competent Expert requirements are failing to deliver a harmonised
approach between Member States.
- EIA Co-ordinator only: Poland
- Co-ordinator & Lead Topic Specialist: Lithuania
Majority of MS are still grappling with this.
Likely outcome = ECJ challenge before 2020 to define 5(3)(a)
Sufficient Expertise in LPAs
Harriet Peacock, London Borough of Tower Hamlets
EIA Directive
Competent Experts
&
Sufficient Expertise
Q&A