Description
The Impact Assessment (VIncA) provides preventive measures and progressive procedures for the evaluation of the possible negative effects that certain plans, programmes, projects, interventions or activities (P/P/P/I/A), not directly related or necessary to the management of a Natura 2000 Site, may have on it. The Impact Assessment is therefore a procedure of a preventive nature to which any P/P/P/I/A that may have significant effects on a Natura 2000 site must be submitted, either individually or jointly with other plans and projects and taking into account the site's conservation objectives. The procedure was the subject of a recent regulatory revision, following a European Union case against the Italian State for the incorrect application of certain provisions of the Habitats Directive. This new procedure - in force since 13 October 2023 - applies the National Guidelines, implemented by the Autonomous Province of Trento in 2022, with the relevant regulatory provisions.
The impact assessment is a procedure introduced by the European Directive 92/43/EEC "Habitats", then transposed at national and also at provincial level, with the aim of safeguarding the integrity of Natura 2000 network sites.
The impact assessment is a preventive tool, based on the precautionary principle, which identifies, through the analysis of direct impacts (on habitats and plant and animal species of Community interest) and indirect impacts (fragmentation of ecosystems of ecological corridors), the main effects deriving from interventions, activities, plans or projects.
The need to introduce this type of assessment derives from the peculiarities of the Natura 2000 network, within which each individual Site makes a qualitative and quantitative contribution in terms of habitats and species to be protected at European level, in order to guarantee the maintenance or, if necessary, the restoration of these habitats and species to a satisfactory state of conservation.
Subject to the procedure are
- all plans, programmes that have territorial or sectorial forecast content (only those directly related to site management are excluded)
- all projects, interventions and activities that may have a significant impact.
The assessment of significance must first of all consider the peculiarities (species and habitats present) and the specific conservation objectives and measures of the site affected by the intervention, but also give due consideration to the ecological functionality of the network as a whole.
The procedure must also be applied to projects outside the sites, if the interventions may have significant impacts within them.
Joint effects must also be duly taken into account: small individual impacts may cumulatively produce a significant impact.
The new procedure
Following EU Pilot 6730/14/ENVI proceedings against the Italian State concerning the incorrect application of some provisions of the Habitats Directive, the 'National Guidelines for the Assessment of Impacts (VIncA)' were approved with an Understanding of 28 November 2019 between the Government, the Regions and the Autonomous Provinces of Trento and Bolzano.
The aforementioned Understanding provides that the Regions and the Autonomous Provinces of Trento and Bolzano shall provide for the uniform transposition of the guidelines, taking into account the possibility of harmonisation with the different procedures of regional/provincial competence and simplification, while respecting territorial specificities. With Provincial Law no. 6/2022, therefore, Article 39 of Provincial Law no. 11/2007 was amended in order to transpose the National Guidelines, and with Presidential Decree no. 14-90/Leg of 1 August 2023 and subsequent amendments, amending Presidential Decree no. 50-157/Leg of 2008, the relevant regulations were introduced.
The new regulations (in force from 13 October 2023) are based on two main elements: it is assumed that there are no interventions of low impact and therefore free or excluded from assessment; the burden of producing the elements for impact screening is shifted from the applicant to the Public Administration, specifically to the Sustainable Development and Protected Areas Service.
In particular, the main innovations concern
- abrogation of Resolution no. 1660 of the Provincial Council of 3 August 2012, since the National Guidelines do not allow lists of free interventions and therefore the possibility of "discounting" authorisations for interventions of low impact. All must be subject to a specific assessment;
- the prior verification of impact (former Article 16), is replaced by the "screening of impact", regarding the existence or absence of the requirement of significant impact. Screening' is also extended to plans and programmes (P/P), as well as to projects, interventions and activities (P/I/A), affecting Natura 2000 network sites. It represents a first level of analysis, to be considered outside the VIncA procedure, which must lead to an unequivocal result (positive or negative).
There are therefore simplifications for the user, who no longer has to submit an impact study, but only fill in the impact "screening format" by attaching the P/P or P/I/A documentation. Furthermore, the "screening format" does not necessarily have to be filled in by a qualified freelancer.
More information on the specific page of Incidence Screening; - the possibility of defining, by the Provincial Council, the so-called "mandatory conditions" (C.O.), on the basis of the biogeographical and specific characteristics of the sites of the Natura 2000 network, to be understood as standard prescriptions with the value of indications aimed at keeping the P/P and P/I/A below the level of significance of the impact
- the introduction of the "correspondence verification" procedure for certain types of projects or activities, subject to the so-called "prevaluation" (as a simplified "impact screening" procedure). Article 39, paragraph 4, letter c) of lp 11/2007 also introduces the possibility that the opinion for such verifications may be issued by the subject competent for the issuance of the authorisation title or the act of assent, however denominated, for certain types of P/I/A listed in annex 1 of the regulation (as provided for by art. 16 bis, paragraphs 5 and 6 of the regulation).
More information on the specific page of the Impact Screening; - the possibility of defining, by the Provincial Council, the so-called "technical prevalence" of P/I/A, referring to specific sites or homogeneous categories of sites or zones, which do not present significant impacts on the same sites or zones.
A three-level methodology
The methodology for carrying out the Impact Assessment represents a step-by-step analysis and evaluation process that consists of 3 main phases:
Level I: Impact screening
The process of identifying the potential implications of a plan or project on a Natura 2000 Site or several sites, singly or in combination with other plans or projects, and determining the possible degree of significance of these implications. Therefore, at this stage it must be determined firstly whether, the plan or project is directly related or necessary to the management of the site(s) and secondly, whether it is likely to have a significant effect on the site(s). More information on the specific page on Impact Screening.
Level II: Appropriate Impact Assessment
Identification of the level of impact of the plan or project on the integrity of the site/sites, either individually or in combination with other plans or projects, taking into account the structure and function of the site/sites and its conservation objectives.
In the case of negative impacts, appropriate mitigation measures are defined to eliminate or limit such impacts below a significant level.
Level III: Possibility of derogation from the impact assessment procedure under certain conditions.
Despite a negative assessment, it may be proposed not to reject a plan or project, but to give it further consideration. Derogations are permitted under certain conditions, which include the absence of alternative solutions, the existence of imperative reasons of overriding public interest (IROPI) for carrying out the project, and the identification of appropriate compensatory measures to be taken.
Restrictions
Administrative sanctions are envisaged for anyone carrying out works and interventions without obtaining the prior environmental impact assessment or in violation of the prescriptions issued for the environmental impact assessment(see Article 112 of Provincial Law 11/2007).
