: Kilian Bizer, Sebastian Lechner, Martin Führ
: Kilian Bizer, Sebastian Lechner, Martin Führ
: The European Impact Assessment and the Environment
: Springer-Verlag
: 9783642116704
: 1
: CHF 87.40
:
: Handels-, Wirtschaftsrecht
: English
: 152
: Wasserzeichen/DRM
: PC/MAC/eReader/Tablet
: PDF
This volume contains papers presented in a workshop of international experts in September 2008 in Berlin. The experts discussed how environmental consequences of EU legislation can be incorporated in a more effective way. In other words, this contribution focuses on the question of which measures can strengthen the cons- eration of environmental effects in the EU impact assessment procedure and in the subsequent legislative decision-making process. This allows drawing conclusions for the impact assessment process in Germany. This volume begins with an introductory paper (Bizer/Lechner/Führ) which served as the basis for discussion in our workshop. The questions raised in this paper are addressed by the authors of the subsequent chapters. Stephen White (DG Environment, EU-Commission) discusses the impact assessment from an int- nal perspective within the Commission. Pendo Maro (European Environmental Bureau) reviews the impact assessment practice from the perspective of an en- ronmental NGO. Martin Schmidt et al. discuss the potential for more formalism to strengthen environmental issues within impact assessments and favour a checklist.
Preface5
Contents7
Contributors8
Abbreviations9
Improving the Integrated European Impact Assessment?11
Introduction11
Community Framework: Environmental Issues in Impact Assessment13
The EU Impact Assessment Procedure18
Institutional Analysis of Agent Behaviour20
Specific Problem Areas of the Current Impact Assessment32
Case Study Analysis of EU Impact Assessment41
Possible Solutions for Selection of Methods50
Quality Control60
Discussion Points for the Workshop65
References66
Impact Assessment – Experience from the European Commission69
What Is Impact Assessment?69
Why Do It?70
Economic, Social and Environmental – Why?71
What Is the Commission’s Impact Assessment Process?72
Evolution of the IA System73
Response to Chapter 174
Planning Is Key77
Stakeholders Contribute Transparently77
What Does the Support Unit Provide?77
Principles of the EU System78
The Impact Assessment Board81
Conclusion82
Views of the European Environmental Bureau on the Commission’s Impact Assessment Procedure – With a Focus on Environment83
Introduction83
Is Impact Assessment a Tool for Better Decision-Making?85
Proposals to Improve Impact Assessment for Better Decision- Making92
Conclusion93
The Proportionate Impact Assessment of the European Commission – Towards More Formalism to Backup “ The Environment”95
Introduction95
European Environmental Policy and Impact Assessment96
IA Process: Formal or Discretional?99
IA Contents: Environmental Quality Standards100
Proposed Methodology for Strengthening “The Environment” in IA – Example of the Trans- European Transport Axes102
Box 4.1 Roadmap Questions Subject to Decision-Making ( Annexes to EC IA Guidelines, EC, 2009)103
Box 4.2 Examples of Additional Questions for a More Specific Roadmap Checklist104
Conclusions and Recommendations110
References111
Proportionate Impact Assessment: Discretion, Formalism, and the Undefined Responsibilities of European Decision- Makers113
Introduction113
The Decision-Making Process for EU Policy Initiatives114
Discretion or Formalism in the Screening and Scoping of Policy Proposals116
Screening Criteria118
Significance Criteria119
Box 5.1 Draft IA Guidelines section “Assessing the Impact Assessment Procedure”119
Box 5.2 Significance Criteria in the EU Directive for SEA ANNEX II. Criteria for determining the likely significance of effects referred to in Article 3( 5)120
Significance Thresholds121
Political Significance122
Box 5.3 Draft IA Guidelines section “Methodology”122
Box 5.4 Draft IA Guidelines Annex 7123
Limiting the Discretionary Power of the Lead Agency123
Box 5.5 Example Review Criteria for IA Reports ( Lee et al., 1999)124
Summary and Conclusions125
References126
Multi-Criteria Analysis for Policy Evaluation129
Introduction129
Structuring the Decision Problem130
Deriving a Decision132
Discussion136
References138
Conclusions141
Introduction141
Improving the Selection of Methods142
Strengthening of Institutions Providing Support and Advice146
Summary149
References150
Annexes151
Annex to Chapter 1151
Annex to Chapter 3161