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Monitoring
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2.3.6. Monitoring
Under EIA Directive 97/11/EC, monitoring and evaluation of certain public and private projects by developers is not mandatory. As project monitoring and evaluation is not a mandatory stage in the EIA process, the provisions for it are uncommon throughout most member states. However, commitments to environmental monitoring are considered a good practice. In a few member states, predicted impacts on environment are monitored, as well as the effectiveness of mitigation measures proposed in the environmental impact assessment. In these member states (Spain, France and Netherlands) where post monitoring is required, it is part of a legal requirement or agreement related to development consent. Although not project specific, Directive 97/11/EC does have a provision for the European Commission to review the effectiveness of the Directive five years after its implementation.
For Strategic Environmental Assessment (SEA) a provision is included in the Directive (2001/42/EC, Article 10) for monitoring the significant environmental effects of the implementation of plans and programmes. By stating that monitoring must have an objective “to be able to undertake appropriate remedial action”, the SEA Directive tends to promote a more dynamic management of the environment than those provisions specified for projects.
The more recent Aarhus Convention ratified by the EC, actually promotes post-monitoring and evaluation procedures, aiming at guaranteeing the right of access to information on environmental matters. A EU directive is currently underway to replace the Directive on the Freedom on Access to Information on the Environment (90/313/ECC) and to implement the Aarhus Convention. As such, it is expected that EU legal requirements for environmental post-monitoring will be strengthened in the near future.
