Implementing the European SEA Directive: the Member Statesʹ margin of discretion

Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment was officialised in July 2001. It establishes a basic framework for the assessment of the effects of certain plans and programmes on the environment, which should be adopted by the Member States of the European Union. In accordance with the principle of subsidiarity, the responsibility of developing a detailed procedure is left to the Member States. Within this context, this paper aims to assist the Member States with decisions concerning the implementation of a strategic environmental assessment (SEA) process conforming to the Directive by defining briefly some operational issues related to the Member Stateʹs discretionary margin and by analysing their consequences regarding the objectives stated by the Directive (in terms of protection of the environment, contribution to the integration of environmental considerations into the preparation and adoption of plans and programmes, and contribution to more transparent decision-making).