Proposed EU environmental impact assessment requirements could impact UK fracking industry, says expert

The European Parliament has narrowly voted in favour of extending the EIA Directive to cover all "exploration and exploitation of non-conventional hydrocarbons" where fracking, or hydraulic fracturing, is used, regardless of the size of the project. Under current rules, only those natural gas projects that extract at least 500,000 cubic metres each day require an EIA before they can proceed.

An EIA, which can take up to a year or longer to complete, requires developers to survey the environmental impact of a projects across multiple areas such as ecology, air quality and geology as well as on the population.

"It is early days for shale in the UK and no developer will be able to determine how much gas is accessible and commercially viable until the exploratory and appraisal phases are complete," said planning and infrastructure expert Richard Griffiths. "This means that it will be important for the EU to provide clarity on what constitutes a 'project' in fracking terms, as it would be impracticable, and unreasonable, to expect developers to carry out a meaningful EIA of all the stages of the shale gas extraction process from exploration through to abandonment at the outset."

“Given the staged nature of the extraction process and as planning permission is required for each stage, it would be appropriate for each stage to be classed as a 'project', meaning that the EIA is focussed on the particular stage being applied for," said Griffiths. "The focus of an EIA would be on a particular aspect of a project, making it more manageable developers to produce. This would provide more certainty for the local authority and communities of the likely impacts.”

The proposals come as part of a review of the EIA Directive and also include new measures to prevent conflicts of interest and ensure public consultation. They are not law yet and must now be debated by member states and the European Commission, before the European Parliament votes again on the final text of the revised directive.

Under the EIA Directive, an EIA must be carried out whenever applicable development projects areproposed. It applies to both public and private projects and sets out certain criteria, including the information that must be submitted to national authorities as part of the consenting process.

"We are revising this key legislation to align it with Europe's new priorities such as soils, resource use and protecting biodiversity," said Andrea Zanoni, the Italian MEP who proposed the amendment. "Hydraulic fracturing raises concerns. We lay down clear criteria to avoid conflicts of interest and involve the public."

Griffiths commented that "public consultation is an important part of the process in any major development project. Assessing the likely significant environmental effects and compiling an Environmental Statement can assist developers in building links with the local community who may have initial concerns over the proposed project," he said.

The current rules apply to natural gas projects where at least 500,000 cubic metres is extracted each day. However, most shale projects yield much less than this due to the rock fracturing process used and are not therefore currently subject to an EIA requirement. Under the terms of the amendment, an EIA would be mandatory where the hydraulic fracturing technique is used regardless of the quantity of material extracted. It would apply to exploration for, or exploitation of, all non-conventional hydrocarbons including shale gas and oil, and coal gas.

The European Parliament has also proposed new measures aimed at preventing conflicts of interest between developers and people carrying out impact studies, by ensuring their independence. Experts would have to have the necessary qualifications, expertise and technical skills, and be able to work in a scientifically objective fashion independently of the developer or public authority. Further amendments are proposed to ensure that the public is fully informed and consulted about potential projects.

Responding to the proposals, the EU's Environment Commissioner Janez Potočnik said that the vote paved the way for "much-needed changes" that would modernise the current EIA Directive.

"Fundamentally, it's a vote of confidence in what has always been one of the foundations of EU environment policy, a key piece of legislation that ensures the concerns of citizens are taken into account when important new developments are needed," he said. "We will now be carefully examining the proposed amendments."