TRU, Alm.del - 2024-25 - Bilag 154: Orientering om nabotjek om høringsreglerne i VVM-direktivet og SMV-direktivet, fra transportministeren

Transportudvalget 2024-25
TRU Alm.del Bilag 154
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NOTAT

28. februar 2025

2024-5428

Nabotjek af Holland, Tyskland og Sverige om

implementeringen af VVM-direktivets og

SMV-direktivets høringsregler

Nedenfor er indarbejdet de modtagne svar fra Holland, Tyskland

og Sverige.

Holland

How are the directives implemented in your country?

There are several laws and regulations that ensure the harmonisa-

tion of EU Directives within the Dutch legal framework. Most de-

tails of the ‘Directive

on the assessment of the effects of certain

plans and

programmes on the environment’ and ‘the Directive on

the assessment of the effects of certain public and private projects

on the environment’ are covered by article 16.4. ‘Milieueffectrap-

portage’ ‘Omgevingswet’.

Furthermore, article 3.4 of the Algemene Wet Bestuursrecht (Awb)

describes the

conditions regarding the execution of ‘zienswijze pro-

cedures’ (mandatory consultation procedures).

Articles 3.5 and 3.6 are also of importance. The ‘Algemene

termijnenwet’

describes all time limits

related to mandatory con-

sultation procedures in the Netherlands. The Algemene verorden-

ing gegevensbescherming (AVG) covers the regulations regarding

the protection of personal data of participants.

What are the rules regarding how to make the draft plan

or programme and the environmental report available to

the public?

The environmental impact assessment is made in the preparation

process of any plan or program and should be part of the discovery

in which it is made visible as such. In case it is not part of a plan or

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program yet, the EIA should be discovered during the ‘terinzage-

legging’ (availability for inspection by

the public). Furthermore,

during the notification, the EIA report is mentioned again.

What rules specify how environmental report should be

made available to the public?

Since the EIA needs to be part of the availability for inspection by

the public, the report should be made available via a printed copy

to the public by law. Furthermore, it needs to be attached during

the notification of the plan or program.

Are there specific rules regulating the period of time the

public shall have to express their opinion?

The public has a time frame of 6 weeks to express opinions unless

there is a legal change to enlarge the period of time.

Regarding the Directive on the assessment of the effects

of certain plans and programmes on the environment:

Are there specific rules regarding public meetings where

the plan or programme and the results of the environ-

mental report are presented?

It has to be presented either:

•

As integral part of the plan or project itself

During the availability for inspection by the public (If it is

not part of the plan or project yet, it needs to be presented).

Before the moment of availability for inspection by the public the

related governmental body needs to present information regarding

the plan or program in an official governmental journal. Further-

more, it needs to be shared during the official notification.

Regarding the Directive on the assessment of the effects

of certain public and private projects on the environ-

ment: Are there specific rules setting out a requirement

for presenting the environmental report at a public meet-

ing?

No.

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Tyskland

How are the directives implemented in your country?

In Germany the EIA-Directive and the SEA-Directive are essen-

tially implemented through the Federal Environmental Impact As-

sessment Act (EIAA), (Gesetz über die Umweltverträglich-

keitsprüfung - UVPG). Especially for the rules on public hearing

the EIAA refers to the more general rules of the Administrative

Procedure Act (VwVfG).

Some special rules on EIA and SEA follow from other (special) leg-

islation on federal level and the level of the federal states (Länder).

What are the rules regarding how to make the draft plan

or programme and the environmental report available to

the public?

For the application for authorization of a project, which has to un-

dergo an EIA:

Section 18 subsection 1 of the Environmental Impact Assessment

Act (EIAA) reads as follows:

Section 18 Public participation

(1) The competent authority shall ensure public

participation with regard to the environmental

effects of the project. In the context of such par-

ticipation, the public concerned shall be given

an opportunity to comment. Associations that

are recognised in accordance with the Environ-

mental Appeals Act (UmwRG) shall support the

competent authority in a way that fosters envi-

ronmental protection. The public participation

procedure shall comply with the requirements

of Section 73 subsection (3), first sentence, and

subsections (5) to (7) of the Administrative Pro-

cedure Act (VwVfG).

Section 73 subsection (3), first sentence, and subsection (5) to (7)

of the Administrative Procedure Act (VwVfG) reads as follows:

73. Hearings

(3) Within three weeks of receiving the plan, the

communities referred

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to in subsection 2 shall make the plan available for

inspection for a period of one month.

(…)

(5) Those communities in which the plan is to be

made public shall give advance notice of the fact ac-

cording to local custom. The announcement shall

state:

1. where and for what period the plan is open to in-

spection;

(…);

(…)

4. that:

a) those persons who lodge objections may be in-

formed of the dates of meetings for discussion by

public announcement,

(…)

(6) Following the closing date for lodging objections,

the hearing authority shall discuss those objections

made to the plan in good time, and the opinions of

the authorities with regard to the plan, with the pro-

ject developer, the authorities, the persons affected

by the plan and those who have lodged objections to

it. The date of the meeting for discussion must be an-

nounced at least a week beforehand in the manner

usual in the district. The authorities, the project de-

veloper and those who have lodged objections shall

be informed of the date set for discussion of the plan.

If apart from notifications to authorities and the pro-

ject developer more than 50 notifications must be

sent, this may be replaced by public announcement.

Public announcement shall be effected, notwith-

standing sentence 2, by publishing the date of the

meeting for discussion in the official journal of the

hearing authority, and also in local daily newspapers

with wide circulation in the district in which the pro-

ject may be expected to have its effect. The period re-

ferred to in the second sentence shall be calculated

from the date of publication in the official bulletin.

In other respects, the discussion shall be governed by

the provisions concerning oral hearings in formal ad-

ministrative proceedings (section 67, subsection 1,

third sentence, subsection 2, nos. 1 and 4 and sub-

section 3, and section 68) as appropriate. Discussion

shall be concluded within three months of the clos-

ing date for lodging objections.

(7) Notwithstanding the provisions of subsection 6,

second to fifth sentences, the date of the meeting for

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discussion may already be fixed in the announce-

ment in accordance with subsection 5, second sen-

tence.

Section 27a of the Administrative Procedure Act (VwVfG) reads as

follows:

§ 27a Announcement on the Internet

(1) Where a public or local announcement is or-

dered by law, this shall be effected by making

the content of the notice also accessible on a

website of the authority or its administrative

body. Unless otherwise provided by law, the

provision of the notice on the internet in ac-

cordance with sentence 1 shall be decisive for

compliance with a prescribed period.

(2) Subsection 1 shall not apply if access on the In-

ternet is not possible, in particular for technical

reasons.

Section § 27b of the Administrative Procedure Act (VwVfG) reads

in excerpts as follows:

§ 27b Access to documents to be displayed

(1) Where the display of documents for inspection is

ordered by law, it shall be effected by making the

documents accessible to the public

1. on a website of the competent authority or its ad-

ministrative body, and

2. in at least one other way.

If publication of the documents to be displayed on

the Internet is not possible, in particular for tech-

nical reasons, the ordered display is effected for in-

spection by the other access option according to sen-

tence 1 number 2.

(2) The announcement of the design shall state

1. the period of display,

2. the website on which the access is made available,

and

3. type and location of the other access option.

(3)

(…).

(4) If the documents to be displayed contain secrets

pursuant to section 30, the person who must submit

these documents is obliged:

1. to identify these secrets and

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2. to submit to the authority for display purposes a

presentation describing the content of the relevant

parts of the documents without disclosing the se-

crets.

Section 19 to 20 of the Environmental Impact Assessment Act

reads in excerpts as follows:

Section 19 Informing the public

In the announcement at the beginning of the partici-

pation procedure, the competent authority shall in-

form the public of the following:

1. the application for an approval decision or any

other act by the developer to initiate a procedure for

assessing the environmental impact,

2. the determination that the EIA obligation applies

to the project in accordance with Section 5 and, if

necessary, the need for transboundary participation

in accordance with Sections 54 to 56,

(…),

5. the availability of an EIA report,

6. the description of the decision-relevant reports

and recommendations relating to the project that are

available to the competent authority at the beginning

of the participation procedure,

7. where and for what period the documents in ac-

cordance with numbers 5 and 6 are displayed for in-

spection, and

(…).

(2) As part of the participation procedure, the com-

petent authority shall display at least the following

documents for public inspection:

1. the EIA report,

2. the decision-relevant reports and recommenda-

tions relating to the project that are available to the

competent authority at the beginning of the partici-

pation procedure.

(…).

(3) Additional information that may be of signifi-

cance for the approval decision and that only reaches

the competent authority after the beginning of the

participation procedure shall be made accessible to

the public in accordance with the federal and Land

provisions on access to environmental information.

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Section 20 Central web portals; authorisation

to issue ordinances

(1) In order to make available on the Internet the

contents of the announcement in accordance with

Section 19 subsection (1) and the documents to be

displayed in accordance with Section 19 subsection

(2), the Federation and Länder shall establish central

web portals. The contents of the announcement and

documents shall be made available on the central

web portal of the Federation if the approval authority

is a federal authority. The Federal Environment

Agency (UBA) shall be responsible for the establish-

ment and operation of the Federation central web

portal.

(2) The competent authority shall make available the

contents of the announcement in accordance with

Section 19 subsection (1) and the documents speci-

fied in Section 19 subsection (2), first sentence, num-

bers 1 and 2 via the relevant central web portal.

(3)

–

(5)

(…).

For draft plans and Programmes / environmental report (relevant

for implementation of SEA-Directive):

Section 42 EIAA

Public participation

(1) Section 18 subsection (1) and Sections 19, 21 sub-

section 1 and 22 shall apply mutatis mutandis to

public participation, except as otherwise specified

below.

(2) The draft plan or programme, the environmental

report and other documents that the competent au-

thority feels it expedient to include shall be displayed

for public inspection at an early stage for an ade-

quate period of at least one month. With due regard

to the nature and contents of the plan or programme,

the display locations shall be determined by the com-

petent authority in such a way as to ensure effective

participation of the public concerned.

(3) The public concerned may comment on the draft

plan or programme and on the environmental re-

port. The competent authority shall set an adequate

time limit for the submission of these comments of

at least one month after the end of the inspection pe-

riod.

(…)

A discussion of objections shall be held,

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where this is prescribed by federal statutory provi-

sions for certain plans and programmes.

What rules specify how environmental report should be

made available to the public?

See answer above.

Are there specific rules regulating the period of time the

public shall have to express their opinion?

Section 21 subsection 2 and 3 EIAA: the time limit for submitting

comments shall end one month after expiry of the time limit for the

display of documents. For projects for which a significant volume

of documents have been submitted, the competent authority may

determine a longer time limit for submitting comments.

Section 10 subsection 3 Federal Immission Control Act (Bundes-

Immissionsschutzgesetz

–

BImSchG): two weeks after expiry of the

time limit for the display of documents.

Regarding the Directive on the assessment of the effects

of certain plans and programmes on the environment:

Are there specific rules regarding public meetings where

the plan or programme and the results of the environ-

mental report are presented?

No, but see above section 42 subsection 3 last sentence EIAA: Sim-

ilar to public meetings in procedures with EIA (see next question)

some federal statutory provisions contain specific rules regarding

public hearings, where the objections and other comments made

by members of the public are discussed.

Regarding the Directive on the assessment of the effects

of certain public and private projects on the environ-

ment: Are there specific rules setting out a requirement

for presenting the environmental report at a public meet-

ing?

For EIA there are specific rules regarding public hearings, where

the objections and other comments made by members of the public

are discussed (see section 73 subsection 6), but there are no rules

regarding public meetings, where the plan or programme and the

results of the environmental report are presented.

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Sverige

How are the directives implemented in your country?

Both directives are implemented principally in chapter 6 of the En-

vironmental Code (EC) and the environmental assessment ordi-

nance (miljöbedömningsförordningen [2017:966]).

There is also sectoral legislation which contains specific rules for a

certain sector, for example construction or transport. Many plans

and programmes (for example spatial plans) are drawn up and de-

cided upon according to the planning and construction act (plan-

och bygglagen [2010:900], PBL).

What are the rules regarding how to make the draft plan

or programme and the environmental report available to

the public?

Ch. 6 section 3 of the EC states that certain plans and programmes

which are required by law and drawn up or amended by govern-

ment agencies or municipal authorities are subject to strategic en-

vironmental assessment if the plan or the programme or its

amendment are likely to have a significant environmental effect.

Initially it must be examined if ch. 6 section 3 of the EC applies to

the plan or the programme. Then a screening may be necessary to

examine if it is likely that the plan or the programme has a signifi-

cant environmental effect (se ch. 6 section 5 of the EC and sections

2-5 of the ordinance). If screening is required, a consultation must

also take place (se ch. 6 section 6 of the EC) which then results in a

decision about the environmental effect (se ch. 6 section 7 of the

EC). At this stage county board administration, municipal authori-

ties and government authorities with specific responsibilities for

the environment are to be consulted. There are no specific rules

what the draft for the screening should include. The Swedish Envi-

ronmental Protection Agency has a guidance (NFS 2009:1) about

what a draft should include and how long a consultation should be.

If it is appropriate the consultation for the screening can be coordi-

nated with the consultation for the scouping (se ch. 6 section 10 of

the EC). In order to avoid parallel processes, there are references in

the sectorial legislation to the EC, e.g. in the PBL to ch. 6 sections

6, 9 and 10 of the EC.

Ch. 6 section 15 of the EC states that the municipal or the govern-

ment authority which is responsible to draw up a draft plan or pro-

gramme is also, as early as possible during the procedure, to pre-

pare the environmental impact assessment report and make them

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available to the public and relevant authorities. The responsible au-

thority must also give information on how the draft plan or pro-

gramme and the environmental impact assessment report are

made accessible, as well as how and within what timeframe opin-

ions can be submitted. The timeframe to comment must be appro-

priate.

It is not a general requirement that the draft plan or programme

and the environmental impact assessment report must be publicly

announced (kungörelse). The public can request to obtain docu-

ments and thereby have access to them according to the national

legislation concerning public access to documents. In order to in-

form all parties concerned about consultations it is considered to

be appropriate to provide information on the municipality's notice

board and the municipality's or the responsible authority's website.

There are even rules in the sectorial legislation concerning the con-

sultation procedure which applies to specific plans or programmes,

for example spatial plans. The consultation in such cases should

also fulfil the requirements for consultation for a certain type of

spatial plans, see ch 5 sections 11–20 of the PBL on consultation

and announcement of municipal detailed development plans.

When drawing up a municipal detailed development plan even the

public concerned is to be consulted (see ch 5 section 11 of the PBL).

There are detailed regulations in the PBL about that some munici-

pal detailed development plans must be publicly announced

(kungörelse) and how this must be done (se ch 5 sections 11c and

11d of the PBL).

What rules specify how environmental report should be

made available to the public?

Ch 6 section 7 of the EC states that the responsible authority after a

screening, if a screening was done, must take a decision on if a plan

or a program is likely to have a significant environmental effect and

make the decision available to the public. How the decision is to be

made available to the public must be decided on a case-to-case ba-

sis. It is considered to be appropriate to make the decision availa-

ble on the authority’s website.

The public can request to obtain

documents from the responsible authority and thereby have access

to the decision according to the national legislation concerning

public access to documents. Ch 6 section 17 of the EC states that

when a plan or a program which is subject to a strategic environ-

mental assessment has been decided upon the responsible author-

ity must inform the public and other relevant parties (municipal

authorities and government authorities with specific

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responsibilities for the environment) and make the plan or the pro-

gramme together with the decision (what a decision must contain

is detailed in ch 6 section 16 of the EC and) available. There are no

general requirements about how the public and other relevant par-

ties must be informed. It is considered to be appropriate to provide

information on the responsible authority's notice board and its

website or in newspapers. It is not a general requirement that the

environmental report should be publicly announced (kungörelse).

The public can request to obtain documents from the responsible

authority and thereby have access to the report according to the

national legislation concerning public access to documents. How-

ever, there are specific rules in the sectorial legislation concerning

sectorial plans or programmes which include how the environmen-

tal report must be made available to the public, e.g. in the case of

municipal detailed development plans (see ch 5 of the PBL).

Concerning projects, it is the responsibility of the developer to have

a screening and a scoping consultation and prepare the environ-

mental impact assessment report. The consultation documents

both for screening and scoping are to be made available to the pub-

lic concerned and the authorities concerned by the developer (see

ch 6 sections 25 and 31 of the EC). The developer is to give a

timeframe which is appropriate and makes the consultation mean-

ingful for the procedure (see ch 6 sections 25 and 31 of the EC).

What an appropriate timeframe is must be decided on a case-to-

case basis. There are no specific rules as to how the consultation

documents are to be made available to the public concerned. There

is however a court judgement that states that the announce-

ment/invitation to a consultation should be made in a way that the

public concerned gets the information and understands what pos-

sible impacts the project might have (see MÖD 2022:27). After

screening (and a screening consultation) the county administrative

board must take a decision about the environmental effect of the

project (see ch 6 section 26 of the EC).

According to ch 6 section 26 the county administrative board must

after a screening, if a screening was done, take a decision on if a

project is likely to have a significant environmental effect. In the

memorandum “Ett

förbättrat genomförande av MKB-direktivet”

there is a proposed amendment of this section about that the

county administrative board also must make the decision available

to the public. The environmental impact assessment report is a

part of the developer’s application for a permit. Having

received

the application, the permitting authority is to let the public con-

cerned express their opinion on the application and thereafter as-

sess the environmental impact and give a permit or decline the

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application (see ch 6 section 28 of the EC). If the environmental

impact assessment report is complete and meets the requirements,

the permitting authority must publicly announce (kungöra) it to-

gether with the application and leave an appropriate timeframe,

but not less than 30 days, for the public to express their opinion

(see ch 6 section 39 of the EC). According to ch 6 section 40 of the

EC the public announcement must include information about how

long the timeframe is for expressing an opinion, how and where

the documents are accessible, where the opinions must be sent to

and how new information about the case/the permitting procedure

shall be announced or made available.

In the latest inquiry about changes to the Swedish permitting sys-

tem (SOU 2024:98) there is a proposed amendment of ch 6 section

40 of the EC. It clarifies that the public announcement must refer

to a certain website or a certain location where the documents are

available to the public concerned. It also requires that a consulta-

tion meeting is arranged with the developer with details of time

and place for the meeting.

In the latest inquiry (SOU 2024:98) there is a proposed legislation

which makes it possible to regulate in detail how the public an-

nouncement of the permit application shall be made (an amend-

ment of ch 6 section 39 of the EC).

Are there specific rules regulating the period of time the

public shall have to express their opinion?

As mentioned above, ch 6 section 15 of the EC states regarding

plans or programmes that the timeframe for the public to comment

must be appropriate. What counts as an appropriate timeframe de-

pends on the type or the complexity of the plan or the programme.

According to the guidance of the Swedish Environmental Agency

(NFS 2009:1), there should be a period of at least three weeks for

the public to be able to express their opinion.

Ch 5 section 11 c of the PLB states that the consultation timeframe

regarding the draft of certain municipal detailed development

plans must be at least three weeks.

Regarding projects, see above about ch 6 sections 25, 31 and 39 of

the EC.

Regarding the Directive on the assessment of the effects

of certain plans and programmes on the environment:

Are there specific rules regarding public meetings where

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the plan or programme and the results of the environ-

mental report are presented?

There are no specific rules requiring a public meeting where the

adopted plan or programme and the environmental report, are pre-

sented. However, there is a possibility to arrange a public meeting

as a part of the consultation regarding the draft of certain munici-

pal detailed development plans (see ch 5 section 11d of the PBL).

Regarding the Directive on the assessment of the effects

of certain public and private projects on the environ-

ment: Are there specific rules setting out a requirement

for presenting the environmental report at a public meet-

ing?

There are no specific rules requiring a public meeting for present-

ing the environmental report either before or after the permitting

process. Ch 6 section 44 of the EC states however that the permit-

ting authority, when it has decided upon a permit that required an

environmental impact assessment, must publicly announce its de-

cision as soon as possible. The announcement must contain infor-

mation about how the public can get access to the decision/permit

which includes also the environmental report.

More detailed information and guidance about how the directives

are implemented in Sweden are available on the internet website of

the Swedish Environmental Protection Agency:

https://www.naturvardsverket.se/vagledning-och-stod/miljo-

balken/miljobedomningar/