EIA Procedure
Projects Requiring EIA: Government projects, Private projects
Abridged Assessments: Yes
Abridged Assessments Detail: For Category A and B projects (minimum or less than adverse impacts) complete environmental impact assessments in abridged forms. Only Category C project, which have "highly adverse impacts" must prepare a full EIA.
Best Practices in Lieu of EIA: N/A
Who Conducts Screening: Government
Who Conducts Screening Detail: Screening decisions are based on classification criteria contained in the Executive Regulations. The Competent Authority directs the project proponent to the correct category; if the classification is uncertain, the Competent Authority consults with EEAA. The EEAA's decision must be issued in writing and is the final decision regarding classification.
Criteria for Screening: List or appendix of project or activity types
Criteria for Screening Detail: Proposed projects are categorized by potential impact. The Executive Regulations contain illustrative lists to guide project proponents
Who Prepares EIA: Project Proponent (with or without contractor)
Who Pays for EIA: Project Proponents
EIA Contractor Qualifications: N/A
Conflict of Interest: N/A
Terms of Reference: Yes
Terms of Reference Detail: EEAA (in consultation with the competent administrative authority) issues a decision describing the elements and specifications under which the project proponent must prepare the EIA. Law 4/1994, article 19; Executive Regulations, article 10
Days for Decision Maker Review: Not specified
Automatic Approval: N/A
Written Decision: Yes
Written Decision Detail: "The competent administrative authority shall notify the owner of the establishment of the result of the assessment by a registered letter with return receipt requested. " Law 4/1994, sec. 21; Executive Regulations, article 14
Authority to Impose Conditions: N/A
Expiry of Decision: Variable (specified in license)
Expiry of Decision Detail: "The project shall have to start operation within the period granted by the license; otherwise, the environmental approval shall be considered null and void." Law 4/1994, sec. 20
Financial Assurances or Bond: N/A
EIA Content
Interdisciplinary Team: N/A
Range of Alternatives: Yes
No Action Alternative: Yes
Type(s) of Impact Analysis: Direct environmental impacts, Cumulative environmental impacts, Social impacts
Mitigation: Yes
Mitigation Detail: An EIA must identify proactive measures taken in project design to minimize impacts, including waste minimization, substitution of hazardous materials, and energy and water conservation. An Environmental Management Plan is also required to be submitted as part of the EIA, which describes mitigation measures and the proposed monitoring program.
Monitoring Plans: Yes
Monitoring Plans Detail: An Environmental Management Plan must be submitted as part of the EIA, which describes mitigation measures and the proposed monitoring program. The plan must include indicators to be measured, frequency of measurements, cost estimates, and identification of the personnel or entities that will undertake the monitoring.
Access to Information
Public Notice of Draft EIA: N/A
Draft EIA Available: N/A
Public Notice of Final EIA: N/A
Final EIA Available: Yes
Final EIA Available Detail: The final EIA is stored with the EEAA in an environmental register. An executive summary of each EIA must be made available on the EEAA website.
Final EIA Locations: Agency or ministry office
Fee to View EIA Documents: No
Availability of Reference Studies: N/A
Public Notice of Final Decision: N/A
Public Notice of Final Decision Detail: N/A
Public Participation
Public Scopingtigation: Yes
Public Scoping Detail: Consultation is first undertaken during the process of identifying the scope of the EIA.
Public Review of TOR: Yes
Public Participation Opportunities: Scoping, Review of draft EIA
Public Meetings: Yes
Public Meetings Detail: A meeting is held to provide the public with an opportunity to make comments on the draft EIA before it is submitted to the competent authority. There must be 15 days notice prior to the meeting. Not less than one-third of the meeting time must be devoted to discussion.
Public Input at Meeting: N/A
Criteria to Hold Public Meeting: Public meeting and/or hearing is automatically required
Days for Public to Review Final EIA: 15 days
Public Comments on Draft EIA: Yes
Public Comments on Draft EIA Detail: Before the EIA is submitted to the competent authority, the project proponent must provide concerned parties with the opportunity to review the draft EIA.
Response to Public Comments: Yes
Response to Public Comments Detail: The consultation process is documented in the EIA report, including a description of the methods used to involve concerned parties, an analysis of the data and information acquired during consultation, and a table depicting the issues that have been discussed during consultation and how the project proponent plans to address or mitigate public concerns. The dates of meetings, names of attendees, agendas, and topics of discussion must be included as an annex to the EIA.
Facilitation of Public Participation: N/A
Judicial Review/Enforcement
Citizen Administrative Review: N/A
Citizen Judicial Review: N/A
Project Monitoring: Yes
Project Monitoring Detail: The party implementing a project "shall keep a written record of the impact of his establishment on the environment (Environmental Record). . . . The EEAA shall follow up these records to ensure their genuineness, take necessary samples and conduct appropriate tests to determine the impact of the establishment activities on the environment and the extent of its compliance with environmental protection standards or the pollutants loads. If it is transpired that the establishment is not keeping an environmental record, not updating data regularly or is not genuine, or that the establishment is not complying with the aforementioned standards or loads or violating any provision of this Article, the EEAA shall notify the competent administrative authority to demand the establishment's proprietor to rectify such violation promptly. " Law 4/1994, sec. 22
Enforceability of EIA: N/A
Enforceability of Permit: N/A