ABSTRACT

The SEA Directive was considered in the previous chapter and in Chapter 9 the EIA and other horizontal directives were outlined because of the historical and structural relationship they have to the SEA Directive. This chapter primarily considers the relationship between the SEA Directive and other EC laws that require plans and programmes, and in some cases also strategic assessment, looking at the Habitats1 and Water Framework2 Directives in particular. It begins by analysing the content of Article 11 of the SEA Directive, which states that the provisions of all relevant directives must also be applied, in some cases by way of coordinated or joint procedures. The relationship between the SEA Directive and the EIA Directive is then analysed in more detail to summarize and build on the previous two chapters. The relationship between the SEA Directive and the Habitats (including discussion of the allied Wild Birds Directive3) and Water Framework Directives is next evaluated, together with the Nitrates,4 Waste5 and Air Quality Framework6 Directives, which also contain provisions for plans and programmes. The main procedural provisions of each of these laws is outlined with reference to the guidance produced and, where relevant, case law of the ECJ to illustrate the relationship to the SEA Directive. Before concluding, the chapter examines the relationship between the SEA Directive and the Structural Funds regulations,7 which also contain provisions for SEA.