Consultation seminar on the preparation of full Application Form for LSP 6 December 2011, Tartu

1. Environmental Impact Assessment ConsultationseminaronthepreparationoffullApplicationFormfor LSP 6 December 2011, Tartu

2. EIA - Steps

3. Legal acts • 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

4. EIA - definition • 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

5. Decision on EIA • 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)

6. EIA - roles • 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

7. EIA - 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

8. EIA - 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

9. EIA - 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

10. EIA - roles • Approval of the project • Responsibility: competent authority • Public information on the decision • Responsibility: Project developer

11. Screening • 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

12. Screening • Project characteristics • size, cumulation with other projects, natural resources use, waste production, pollution, risk of accidents … • Project location - environmental sensitivity of area likely to be affected: • Land use • Natural resources • Absorption capacity of natural environment

13. Screening • 3. Potential impact in relation to 1 and 2 • extent of impact, • transfrontier nature, • probability of impact, • magnitude and complexity • duration, frequency, reversibility...

14. Scoping • 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

15. Study • 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

16. Public consultations • 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)

17. Transboundary EIA • 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

18. FurtherInformation JOINT TECHNICAL SECRETARIAT Phone: +371 6750 9520 Fax: +371 67509523 E-mail: info@estlatrus.eu Ausekļa Street 14 – 3rd Floor, Riga, LV-1010, Latvia

19. Thank You for attention! 19