Divergent practice in a converging system? The case of EIA in France and the UK

This paper seeks to clarify the harmonisation objective of the European Union (EU) Environmental Impact Assessment (EIA) Directives and to highlight some of the implicit tensions and differing interpretations. It first provides an overview of Member Statesʹ (MSs) practice in EIA, in the context of the harmonisation objective, before focusing on the particular cases of the UK and France. The latter include studies of the legal context and practice of EIA. There are significant variations in legal harmonisation and in the ‘spirit’ of legislation and guidance, nor does the existence of common legal requirements necessarily equate with ‘harmonised practice’. There are considerable variations in UK and French practice, reflecting a number of underlying factors—including attitude to the environment, institutional factors and the nature and perceptions of practitioners. Yet, while practice may be divergent, it may not be diverging, and recent actions such as the amended Directive are designed to encourage more convergence.