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In accordance with the decision of the Parliament:
The aim of this law is to promote an environmental impact assessment and to take into account the preparation and adoption of plans and programmes by public authorities, to improve public access to information and to participate and to promote sustainable development.
For the purposes of this law:
(1) Authority Administrative law (434/2003) The authorities and other public administrations referred to in paragraphs 2 and 3;
(2) Environmental impact The immediate and indirect impact of the plan or programme in Finland and beyond:
(a) human health, living conditions and amenities;
(b) soil, water, air, climate, vegetation, organisms and biodiversity;
(c) the community structure, the built environment, the landscape, the urban fabric and the cultural heritage;
(d) exploitation of natural resources;
(e) interaction between the factors referred to in points (a) to (d);
(3) Environmental assessment Assessment of the environmental impact of the plan or programme in accordance with Articles 8 to 11, including the drawing up of an environmental report, the organisation of consultations, taking into account the results of the environmental report and the consultation process in decision-making and the decision Information;
(4) An environmental report A document or part thereof presenting the information on the plan or programme and on the options examined and an assessment of their environmental impact;
(5) Authority responsible for the plan or programme The plan or programme authority or any other authority responsible for preparing the plan or programme referred to in this Act;
(6) The public Individuals, associations and groups of individuals, and communities and foundations.
The authority responsible for the plan or programme shall ensure that the environmental impact of the plan or programme is examined and assessed adequately during the preparation, if the implementation of the plan or programme may be: Significant environmental effects.
More detailed provisions on environmental impact assessment and assessment and requirements for the content of documents to be drawn up may be adopted by the Government Decree.
An environmental assessment shall be carried out on the plan and programme of an authority based on law, regulation or administrative provision, if:
(1) is a plan for agriculture, forestry or fisheries, energy supply, industry, transport, waste management, water management, telecommunications, tourism, regional development, regional use, environmental protection or nature conservation; or A programme providing a framework for the authorisation or approval of projects; or
(2) the plan or programme for nature protection (1096/1996) Article 65 The obligation to assess.
Any plans and programmes based on the law or regulation referred to in paragraph 1 (1) shall be further specified by the Government Decree.
Paragraph 1, which provides for an environmental assessment, also applies to changes in plans and programmes. A plan or programme for minor change in the plan or programme, or a plan or programme for the use of small areas at local level, shall be carried out only if it is found to be necessary in accordance with Article 5.
In the areas referred to in Article 4 (1) (1), a plan or programme for the preparation of a legislative, regulation or administrative provision establishing a framework for the authorisation or approval of projects shall be carried out: An environmental assessment if the plan or programme or its modification is likely to have significant effects on the environment. When considering the need for an environmental assessment, it is necessary to communicate with other authorities. The reasons for the assessment of the need for environmental assessment and the contacts between the authorities are laid down by a decree of the Government.
The outcome of the reflection on the need for an environmental assessment shall be made available to the public in accordance with Articles 55 and 62 of the Administrative Code. Where possible, the outcome of the consideration shall also be published electronically.
The authority responsible for the plan or programme shall be responsible for the environmental assessment of the plans and programmes referred to in Sections 4 and 5 and the need for an environmental assessment in accordance with Article 5.
This law shall not apply to the preparation of the draft State budget. This law, with the exception of Article 3, shall not apply to other budgetary or financial plans or programmes, or to plans or programmes to be drawn up exclusively for national defence or rescue operations.
The environmental impact assessment corresponding to the environmental impact assessment under this law is laid down in the Land Use and Construction Act (132/1999) , and in the context of drawing up the river basin management plan and the sea management plan and their operational programmes, the Law on the organisation of water management and management (1299/2004) . (253.2011/277)
For the purposes of this law, account shall be taken of the plan or programme and its environmental impact studies. Where possible, the studies and environmental impact assessment required by this law and other legislation shall be coordinated.
The plan or programme authority shall identify and assess the likely significant environmental impact of the implementation of the plan or programme and of the options under consideration and shall draw up an environmental report. The environmental report shall be prepared as part of other preparations before the plan or programme is approved.
The preparation of a plan or programme shall be organised in such a way as to enable the public to obtain information on the starting points, objectives and preparation of the plan or programme and of the environmental report. Where possible, the corresponding material shall also be published by electronic means. The opening of the preparation and the possibility of expressing an opinion shall otherwise be respected in respect of the preparation of the plan or programme in question. If the notification is not expressly provided, the provisions of Articles 41, 55 and 62 of the Administrative Code are complied with.
The environmental report shall contain the information necessary for the content, purpose and detail of the plan or programme. The authority responsible for the plan or programme shall consult the other authorities on the scope and level of detail of the information provided in the environmental report. The content of the environmental report and consultation of other authorities are further regulated by the Government Decree.
The authority responsible for the plan or programme shall provide the public with their views on the draft plan or programme and the environmental report. The possibility of reserving a draft plan or programme and an environmental report is available. Where possible, the draft plan or programme and the environmental report shall also be published electronically.
At the time of notification, the setting up and the possibility of expressing an opinion shall be complied with as regards the preparation of the plan or programme in question. If the notification is not expressly provided, the provisions of Articles 55 and 62 of the Administrative Code are complied with. The draft plan or programme and the environmental report shall then be displayed for at least 30 days. The opinion shall be presented to the authority responsible for the plan or programme during the working time.
The draft plan or programme and the environmental report shall, in addition to the other provisions, request the opinion of the other authorities as provided for by the Government Decree.
Where the implementation of a plan or programme is likely to have significant effects on the environment in the territory of a Contracting Party or a Member State of the Member State of the European Union, the Ministry of the Environment shall ensure that: Or for information and consultation tasks related to the environmental assessment of the programme with that State.
The authority responsible for the plan or programme shall immediately forward to the Ministry of the Environment a draft plan or programme and an environmental report for the purpose of transmission to the other State. If necessary, the draft and the report or parts thereof shall be translated into the languages concerned. The costs of translations shall be borne by the authority responsible for the plan or programme.
If the Ministry of the Environment considers that the plan or programme has the environmental impact referred to in paragraph 1, or if the State concerned so requests, the Ministry of the Environment shall notify the assessment and submit: A draft plan or programme for another State and an environmental report in good time before the plan or programme is adopted. The Ministry of the Environment will inform the Ministry of Foreign Affairs of the material to be provided to the other State. The content of the notification to the other State is governed by the Government Decree.
If a State to which a draft plan or programme has been submitted and an environmental report has been submitted within 60 days of receipt of the draft and a report, indicate that it wishes to negotiate, the Ministry of the Environment must open negotiations for a plan or The likely cross-border environmental impact of the implementation of the programme and the measures envisaged to reduce or eliminate such effects. The negotiations shall establish arrangements for the administration of the public authorities and the public in a country likely to have significant effects on the environment, an opportunity to express their opinion within a reasonable time.
When preparing the plan or programme, account shall be taken of the environmental report and, as far as possible, the opinions and opinions referred to in Articles 8 and 9 and the results of consultations between States in accordance with Article 10.
The decision on the approval of the plan or programme or the plan or programme shall indicate:
(1) a reasoned opinion on how the environmental report, the opinions and opinions referred to in Articles 8 and 9 and the outcome of the negotiations between the States have been taken into account, as well as the way in which they and Environmental aspects have influenced the content of the plan or programme and the choice of alternatives; and
2) a report on the monitoring referred to in Article 12.
When a plan or programme is adopted, the decision shall, in addition to the rest of the programme, be communicated, accompanied by a decision and a plan or programme to be seen. The provisions of Article 62 of the Administrative Code shall be applied in the setting and information of those who see them. The decision and the plan or programme and the environmental report shall be communicated to the Finnish Environment Agency and shall, as far as possible, be published electronically.
The decision to approve the plan or programme shall be communicated to the other authorities as provided for by the State Council Regulation.
The absence of an environmental assessment under this law may be invoked in appeals against a plan or programme, as provided for in the appeal.
The authority responsible for the plan or programme shall ensure that the implementation of plans and programmes covered by the environmental assessment and the resulting significant effects on the environment are monitored in such a way that: Where appropriate, measures to prevent and reduce environmental damage.
General guidance and monitoring of the implementation of this law and the general development of impact assessment will be part of the Ministry of the Environment. Other ministries are responsible for the guidance and monitoring of implementation, as well as the development of an environmental impact assessment in its activities. The Finnish Environment Agency shall monitor the application of this law. The authorities of the State and local authorities shall cooperate with each other to carry out environmental impact assessments and to coordinate procedures under other laws.
This Act shall enter into force on 1 June 2005.
This law shall apply to plans and programmes which have been notified on or after 21 July 2004.
The law shall also apply to plans and programmes whose preparation has been communicated before the date referred to in paragraph 2 and which shall be adopted after 21 July 2006, unless the plan or programme is responsible for: The Authority therefore considers that it is not possible to carry out an environmental assessment.
Where, in the case referred to in paragraph 3, an environmental assessment is submitted, the authority responsible for the plan or programme shall make it publicly available in accordance with Articles 55 and 62 of the Administrative Code. At the same time, it is necessary to state why it is not possible to carry out an evaluation.
THEY 243/2004 , YmVM 1/2005, EV 7/2005, Directive 2001 /42/EC of the European Parliament and of the Council, OJ L 197, 21.7.2001, p. 30This Act shall enter into force on 1 April 2011.
THEY 323/2010 , YmVM 19/2010, EV 297/2010
