! Legal and institutional framework!

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1 Environmental Impacts"! Legal and institutional framework! Professor Maria Rosário Partidário Environmental MRPartidário 1

2 SISTEMA DE AIA / EIA SYSTEM - Legislação / Legislation - Processo / Process - Produtos / Products - Atores / Actors

3 Directive 2011/92/EU of 13 December 2011, as amended by Directive 2014/52/EU of 16 April public and private projects : Scope of application: - the 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

4 Directive 2011/92/EU of 13 December 2011, as amended by Directive 2014/52/EU of 16 April 2014 Scope of environment : (a) population and human health; (b) biodiversity, with particular attention to species and habitats protected under Directive 92/43/EEC and Directive 2009/147/EC; (c) land, soil, water, air and climate; (d) material assets, cultural heritage and the landscape; (e) the interaction between the factors referred to in points (a) to (d). - Expected effects deriving from the vulnerability of the project to risks of major accidents and/or disasters

5 Directive 2011/92/EU of 13 December 2011, as amended by Directive 2014/52/EU of 16 April 2014 The information to be provided by the developer ( EIA report ): (a) a description of the project (b) a description of the likely significant effects of the project on the environment (c) a description of the features of the project and/or measures envisaged in order to avoid, prevent or reduce and, if possible, offset likely significant adverse effects on the environment (d) a description of the reasonable alternatives studied by the developer, which are relevant to the project and its specific characteristics, and an indication of the main reasons for the option chosen, taking into account the effects of the project on the environment (e) a non-technical summary (f) any additional information specified in Annex IV relevant to a particular project and to the environmental features likely to be affected

6 Directive 2011/92/EU of 13 December 2011, as amended by Directive 2014/52/EU of 16 April 2014 Key features - Establishes the European model of EIA - Positive list (Annex I mandatory EIA and Annex II - discretionary) - Voluntary scoping - Assessment of alternatives - Annex III - criteria for the significance of environmental impacts - Public participation and institutional engagement - Requirements for information on the decision

7 Aarhus Convention and European Directive 2003/4/EC of 28 January Access to information, Public participation in environmental decisionmaking and Access to justice in environmental matters European Directive 2004/35/EC of 21 April environmental liability

8 UNECE Convention on EIA in a Transboundary Context (Espoo Convention) Adopted in 1991, entered into force in 1997 Environmental threats do not respect national borders. Governments have realized that to avert this danger they must notify and consult each other on all major projects under consideration that might have adverse environmental impact across borders. The Convention has now 30 signatories and 45 parties (with ratification, acceptance, approval and accession) The Espoo Convention is a key step to bringing together all stakeholders to prevent environmental damage before it occurs. Examples: Pipeline between Italy and Croatia (March 2004, Nuclear power plants in Finland (March 2009,

9 INSTITUTIONAL FRAMEWORK FOR EIA IN EUROPE Environment Directorate-General (DG ENVIRONMENT) Objective to protect, preserve, and improve the environment for present and future generations Responsible for the administration of European Directives and for overviewing member-states activities in implementing EU environmental law (as EIA), ensuring they are fulfilled. Other sectorial DG in their areas of responsibility (total of 40; for example DG Transports, DG Regions, DG Energy) European Commissioner and European Court - conflict resolution

10 PORTUGUESE KEY LEGISLATION ON ENVIRONMENTAL IMPACT ASSESSMENT KEY NATIONAL LEGISLATION Decree-Law no. 151-B/2013, of October 31, as amended by Decree-Law no. 47/2014, of March 24

11 INSTITUTIONAL FRAMEWORK IN PORTUGAL EIA Authority Public Administration office responsible for coordination and administration of the EIA process, also resposible for public participation in EIA Projects Annex I (mandatory EIA, major projects) Portuguese Environmental Agency (Agência Portuguesa do Ambiente - APA) Projects Annex II (discretionary list) Regional Coordination and Development Commissions (Comissões de Coordenação e Desenvolvimento Regional - CCDR) or APA for specific projects categories or situations

12 INSTITUTIONAL FRAMEWORK IN PORTUGAL Assessment Committee Expert group of public administration officers and independent consultants, responsible for the technical review in the EIA process Appointed by the EIA Authority EIA Focal Points Group Consultative Council on EIA

13 INSTITUTIONAL FRAMEWORK IN PORTUGAL Licensing authority, or competent for authorizing the project The public administration authority that is competent for the project authorization or licensing decision-making Central Administration (including corporations having that legal power), Regional (Madeira and Azores) and Local Councils

14 Sensitive areas (Decree-Law no 151-B/2013 of 31 October as amended by Decree-Law no. 47/2014 of 24 March) i) Protected areas, designated according to Decree-Law no. 142/2008, of 24 July; ii) iii) Natura 2000 sites, special areas of conservation and special protection areas, classified according to Decree-Law no. 140/99, of 24 April, according to Directives 79/409/CEE (Bird Directive) and 92/43/CEE (Habitats Directive); Buffer zones of cultural heritage properties designated (or in the process of designation) under the Law no. 107/2001, of 8 September.

15 INSTITUTIONAL FRAMEWORK IN PORTUGAL Análise de Incidências Ambientais (AIncA) [= Appropriate assessment in the UK] Nature 2000 network Decree-Law no. 140/99 of April, 24th, has published in Decree-Law no. 49/2005, of February, 24th: Article 10: Environmental MRPartidário 15

16 INSTITUTIONAL FRAMEWORK IN PORTUGAL Análise de Incidências Ambientais (AIncA) Renewable energy Decree-Law no. 172/2006, of 23 August, as amended and republished by Decree-Law no. 215-B/2012, of 8 October (Articles 33-R to 33-U) All renewable energy projects located in protected areas, Natura 2000 sites or land of the National Ecologic Reserve, independently of his characteristics, are subject to a simplified form of EIA Environmental MRPartidário 16

17 EIA Directive - Positive list Annex I Environmental MRPartidário

18 Anexo II (Decreto-Lei nº 151-B/2013) 10 - Projetos de infraestruturas Tipo de projeto Caso geral Áreas sensíveis a) Projetos de loteamento, parques industriais e plataformas logísticas Projetos de loteamento e parques industriais 20ha Plataformas logísticas área 15ha Análise caso a caso e) Construção de estradas, (não incluídos no Anexo I) k) Obras costeiras de combate à erosão marítima m) Obras de transferência de recursos hídricos entre bacias hidrográficas (não incluídas no Anexo I) Estradas reservadas ao tráfego motorizado e com intersecções desniveladas Estradas com extensão 10 km. Todas Todas Estradas: todas.. Todas Todas

19 EIA Process in Portugal Screening Scoping EIA report preparation EIA review Decision (DIA) Det. project Monitoring & Audit Public & institutional consultation

20 EIA Process in Portugal Screening Scoping EIA report preparation EIA review Decision (DIA) DPECR: Detailed Project Environmental Compliance Report (RECAPE) Preparation of DPECR Det. project Review of DPECR Monitoring & Audit Decision (DCAPE) Public & institutional consultation

21 Products Depend on the system Estudos Iniciais / Initial Studies In Portugal (only the main products): Proposta de Definição do Âmbito (PDA) / Scoping proposal Deliberação da Definição do Âmbito / Scoping decision Estudo de Impacte Ambiental (EIA) /EIS Relatório da Consulta Pública / Public Consultation report (PCR) Parecer da Comissão de Avaliação / Advice of the Assessment Commission Declaração de Impacte Ambiental (DIA) / Environmental Impact Statement Relatório de Confomidade Ambiental do Projecto de Execução (RECAPE) / Report on the detailed project environmental conformity Decisão de Conformidade Ambiental do Projeto de Execução (DCAPE) / Decision on the Environmental Conformity of the Detailed Project Relatórios de Monitorização / Monitoring Report Environmental MRPartidário 21

22 KEY EIA PRODUCTS IN PORTUGAL SCREENING SCOPING Estudos iniciais / Initial studies PDA / Scoping proposal EIS PREPARATION EIA /EIS QUALITY REVIEW DECISION RECAPE POST-EVALUATION II RECAPE / Project Conformity Rel. Monitorização / Monitoring report Environmental MRPartidário 22

23 Actors Inherently active in the process: Project proponent Project designer EIS consultant company Authority responsible for project licensing or authorization Environmental authority EIA authority EIS quality review commission Other competent administrative authorities Environmental MRPartidário 23

24 Actors Directly involved: Environmental non-governmental organizations Other non-governmental organizations Courts Ombudsman for Justice (Provedor de Justiça) Media General public Environmental MRPartidário 24

25 Actors Strategic-political: Members of Parliament Government Spatial territory managers Environmental MRPartidário 25