Consultation seminar on the preparation of full Application Form for LSP

6 December 2011, Tartu

Consultation seminar on the preparation of full Application Form for LSP

6 December 2011, Tartu

Environmental Impact Assessment

Environmental Impact Assessment

1

EIA - StepsEIA - Steps

EU Member states

• Council Directive of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment (85/337/EEC) and ANNEXES

Partner countries

• Espoo Convention on Environmental Impact Assessment in a transboundary context, done at Espoo (Finland), on 25 February 1991 and ANNEXES

Similar provisions in both

• BUT description in Espoo convention is quite general, so the Directive should also be used as reference for the level of details requested for projects in Partner countries

Legal actsLegal acts

Applies to ”projects”:

• Execution of construction works or of other installations or schemes

• Other interventions in the natural surroundings and landscape including those involving the extraction of mineral resources

Identify, describes and assess the direct and indirect effects of a project on the following factors:

• human beings, fauna and flora

• soil, water, air, climate and the landscape

• material assets and the cultural heritage

• the inter-action between the factors mentioned above

EIA - definitionEIA - definition

• Not needed or

• Needed – mandatory or

• Screening to determine whether EIA is needed

• Using speciffic criteria, e.g. cumulating with other projects, location, etc.

If needed:

• Before the project is approved by programme

• Except the design-and-build works (when technical documentation can be prepared only at later stage)

Decision on EIADecision on EIA

Developer

• The entity elaborating the project

Competent authorities

• Decide on development consent applications

• Are not necessarily environmental authorities

Environmental authorities

• Have specific environmental responsibilities

• Are consulted by competent authorities

EIA - rolesEIA - roles

• Development of project, including technical documentation

• Responsibility: Project developer

• Decision on whether an EIA is needed (mandatory or by screening)

• Responsibility: Project developer in consultation with competent authority issuing the consent (not necessarily environmental authority) and environmental authority

• Scoping – answering to the question “what should be covered by the environmental information?”

• Responsibility: Project developer

EIA - rolesEIA - roles

• Request of development consent from a competent authority

• Responsibility: Project developer

• Environmental Impact Study which would also examine the alternatives

• A non-technical summary understandable by the general public should also be prepared

• Responsibility: Project developer and/or specialised entities

EIA - rolesEIA - roles

• Public consultations

• Responsibility: Project developer in consultation with competent authority and environmental authority

• Decision, including the reasons for taking it and explanations on what kind of measures were used to consult

• The project developer should explain how the results of the consultations were taken into account in the final version of the project

• Responsibility: Project developer in consultation with competent authority and environmental authority

EIA - rolesEIA - roles

• Approval of the project

• Responsibility: competent authority

• Public information on the decision

• Responsibility: Project developer

EIA - rolesEIA - roles

• Answers the question: is EIA required?

• The guiding principle: are significant environmental effects likely?

• If yes – EIA needed

• If no – no EIA needed

• IMPORTANT: Screening determination made available to the public

ScreeningScreening

1. Project characteristics

• size, cumulation with other projects, natural resources use, waste production, pollution, risk of accidents …

2. Project location - environmental sensitivity of area likely to be affected:

• Land use

• Natural resources

• Absorption capacity of natural environment

ScreeningScreening

3. Potential impact in relation to 1 and 2

• extent of impact,

• transfrontier nature,

• probability of impact,

• magnitude and complexity

• duration, frequency, reversibility...

ScreeningScreening

• Answers the question “what should be covered by the environmental information?”

• Opinion by the competent authority (who may subsequently ask for further information)

• By request of developer

• Before development consent application is submitted

• Early interaction between competent authority, developer, environmental authorities

ScopingScoping

• Project description

• Use of resources, emissions and residues

• Description of the environment likely to be significantly affected

• Likely significant environmental effects including: short term, temporary and cumulative effects

• Forecasting methods & difficulties

• Mitigation measures

• Main alternatives and reasons for choice taking account of environmental effects

• Non-technical summary of ALL RELEVANT INFO

StudyStudy

Public consultations:

• As wide as possible, not just public institutions

• Reasonable criteria for defining the public consulted

• Information published for a reasonable length of time (taking into account holiday periods)

Public consultationsPublic consultations

• Neighbouring country can inquire on the infrastructures close to the border, or affecting them in other ways, and also to launch public consultations in their country

• As it could have a significant impact on the other side, although causing no negative effect on the side of the Beneficiary

• It is therefore suggested that both sides of the border are involved as much as possible, transboundary consultations organised

• Dialogue between the competent authorities from both sides of the border to be ensured

Transboundary EIATransboundary EIA

Further InformationFurther Information

JOINT TECHNICAL SECRETARIATPhone: +371 6750 9520

Fax: +371 6750 9523E-mail: info@estlatrus.eu

Ausekļa Street 14 – 3rd Floor, Riga, LV-1010, Latvia

19

Thank You for attention!