Comparative Analysis of Armenia Legal Framework and ADB Safeguard Policy Statement

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1 Comparative Analysis of Armenia Legal Framework and Policy Principle 1: Use a screening process for each proposed project, as early as possible, to determine the appropriate extent and type of environmental assessment so that appropriate studies are undertaken commensurate with the significance of potential impacts and risks. Key element (1) Use a screening process to determine the appropriate extent and type of environmental assessment Law on Environmental Impact Assessment ( Expertise ) 3 (1995) (Law on EIE) Article 4 defines the list of proposed activities subject to environmental impact assessment. Preliminary documentation of all types of activities given in the list Article xxx should be submitted to the authorized body for consideration. At the stage of preliminary consideration the documents should cover general data on the proposed activity, its productivity, location and expected impact on the environment. The Ministry of Nature Protection (MNP) considers the submitted documentation and makes a decision about the necessity of EIE. Article 15.1 provides the list of the conceptual programs subject to obligatory EIE. Decision 193 Article 4.2of the Government (March 30, 1999) approves the list of limiting values for carrying out of EIE. Limiting values of such parameters as productivity, volume, occupied territory, etc. are given in the list. Proposed activity with higher parameters shall undergo EIE. Article 4.4 also establishes that the authorized state institution may decide to carry out EIE even in cases when the proposed activity does not exceed the established limiting values, on the basis of: Proposals of local authorities of a region where the activity is planned; Proposals of the ministries and other state structures; Proposals of public organizations and initiative groups of the public; There is no categorization of project types with thresholds that determine the appropriate extent and type of EA. IT would appear that only options are whether or not to undertake an EIE For the legal framework should define/categorize projects types/activities that require full EIA and those subject to an audit and/or various environmental analyses, or integrated pollution prevention and control at different levels of authority. Screening procedures and criteria should be consistent with international norms and methods and those in applicable international conventions ratified by the country. 1 The legal instruments cited in this assessment includes relevant provisions of the Law on Environmental Impact Expertise (1995) and the Law on Protection of Nature (1991, with amendments in 1996, 1998);. Due to the lack of official English language translations of these legal instruments, some of the citations are paraphrased rather than verbatim rendering of the legal text. Accordingly, some of the findings of this assessment may be more subject to interpretation than findings derived from direct citations of legal text. 2 denotes that the Armenia legal requirement(s) are in complete harmony with the corresponding ADB Safeguard Objective, Scope and Trigger, Policy Principle or Key Element thereof. denotes that the Armenian legal requirement is in partial harmony with the corresponding ADB Safeguard Objective, Scope and Trigger, Policy Principle or Key Element; and No Equivalence denotes that no Armenian legal requirement can be found that corresponds to the particular ADB Safeguard Objective, Scope and Trigger, Policy Principle or Key Element. 3 The word expertise is derived from the Law of the Russian Federation On Ecological Expertise of For purposes of this analysis, the word assessment will be used. 1 As of May 2015

2 Own initiative. Policy Principle 2: Conduct an environmental assessment for each proposed project to identify potential direct, indirect, cumulative, and induced impacts and risks to physical, biological, socioeconomic (including impacts on livelihood through environmental media, health and safety, vulnerable groups, and gender issues), and physical cultural resources in the context of the project s area of influence. Assess potential trans-boundary and global impacts, including climate change. Use strategic environmental assessment where appropriate. Key element (1) None required Law on EIE defines the limits of assessment as follows:. Identify indirect as well as direct impacts Art. 3 prohibition of any planned activity rendering irreversible harmful impact on the environment Article The assessment at least should include: a) Forecasting, description and estimation of possible direct and indirect impact of the planned activity: - On climatic conditions, flora and fauna, separate elements of the ecosystem, their interrelations and stability, on specially protected natural areas, landscapes, geomorphological structures, air, surface and underground waters, bowels, land; - On health and well-being of the population; - On the environment of settlements; - On use of natural resources; - On the monuments of history and culture; Key element (2) Identify cumulative impacts No Equivalence There is no reference in the legal framework to the assessment of cumulative impacts To attain the explicitly qualify the need for assessment of cumulative impacts 2 As of May 2015

3 Key element (3) Identify induced impacts 4 Law on EIE, Article 3: -.degree of possible environmental impact of the planned activity, the concept and their alternatives on the environment;..integrated approach and reliability of the analysis of consequences, sufficiency of actions envisaged for prevention, liquidation or reduction of these consequences as while in service and realization, and at the extreme situations;. The reference to induced Impacts in the legal framework can be best considered implicit in the Law on EIE. To attain the explicitly qualify the need for assessment of induced impacts Key element (4) Identify physical impacts The Law on Nature Protection (1991) broadly defines the objects that are to be protected as: land, water, air, national monuments and recreational areas, etc. that comprise of the main elements of the physical environment. None required Article 2 identifies the following natural units that are subject to protection: The land and its components,.especially protected natural territories, reserves, sanctuaries, typical or unique natural units, resort zones, the localities related to major historical events, and also landscapes are under the state protection against pollution, damage, contamination, degradation, extinction and subject to the regulation of the use thereof, Law on Environmental Impact Expertise (1995) Article 5 defines the limits of assessment as follows: Article The assessment at least should include: a) Forecasting, description and estimation of possible direct and indirect impact of the planned activity: - On. landscapes, geomorphological structures, surface and underground waters, land; Key element (5) Law on Nature Protection Article 2 identifies the following natural units that are subject to protection: Full equivalence None required Identify biological impacts., plants and animals,, especially protected natural territories, reserves, sanctuaries, typical or unique natural units, are under the state protection against pollution, damage, contamination, degradation, extinction and subject to the regulation of the use thereof, Article 22 ensures the Protection of Forests, Hardy-Shrub Species and other Useful Vegetation, Not 4 The SPS does not define induced impacts. For purposes of this assessment the following definition of the International Association of Impact Assessment will be used: 3 As of May 2015

4 Included in the State Forest Fund Article 23. on the wild animals living in the condition of natural freedom are subject to protection and regulation of use. Actions interfering with natural reproduction, preservation of animal biological diversity and damaging the habitats thereof, as well as those to lead to biological pollution of nature, are forbidden. Article 24. on Specially Protected Natural Areas such as state reserves, state sanctuaries, national natural parks, and monuments of nature are subject to state protection, in the Republic of Armenia. Article 25.on the Protection of rare and endangered plants and animals, using the Red book of the Republic of Armenia as the basis for protection of rare and endangered plants and animals. It stipulates that any and all activities resulting in the reduction of number of those plants and animals included in the Red Book, to deterioration of habitats thereof is forbidden. The order of the permit of cultivation, and reproduction in the scientific purposes of these plants and animals, and also shooting of animals In the case of threat to the life of people is established by the state-authorized body on nature protection. Law on EIE Article 2 of the defines the purpose and principles of the EIE as follows: - the requirements of rational integrated and reasonable use of natural resources; - the necessity of balance of environmental systems and preservation of all species of plants and animals existing in the nature in view of interests of the present and future generations. Law on EIE Article 5: Article The assessment at least should include: a) Forecasting, description and estimation of possible direct and indirect impact of the planned activity: - On climatic conditions, flora and fauna, separate elements of the ecosystem,their interrelations and stability, on specially protected natural areas, - On health and well-being of the population; - On the environment of settlements; - On use of natural resources; - On the monuments of history and culture; Key element (6) Identify socioeconomic impacts (including on livelihood through environmental health and safety, vulnerable groups, and gender issues) Law on EIE, Article 2 states that the purpose and principles of the environment impact assessment as: 1. Environment impact assessment is obligatory activity carried out by the state, which basic purpose is to predetermine and warn or reduce to minimum the harmful impact of the concept and the planned activity on health of a man, the environment, normal economic and social development. While there is requirement for assessing impacts on socioeconomic conditions, including health of the legal framework requires explicit need for assessing impacts on people s livelihood affected by the project and impacts on vulnerable groups and gender issues 4 As of May 2015

5 2. Environment impact assessment proceeds from: - the human right to live in the environment favorable for health, normal living and creation; Article 5. requires that: 1. The assessment at least should include: a) Forecasting, description and estimation of possible direct and indirect impact of the planned activity: people, there is no explicit requirement in the legal framework compelling the assessment of impacts on livelihoods, vulnerable groups and gender sensitive issues. - health and well-being of the population; c) on liquidation or decrease of the possible impact of the planned activity on the environment; d) A detailed estimation of consequences of economic and social development on the environment in case of the chosen zero variant owing to environmentally harmful impact of the planned activity. Key element (7) Law on Nature Protection Article 2 identifies the following natural units that are subject to protection: None required Identify impacts on physical cultural resources - the localities related to major historical events, and also landscapes are under the state protection against pollution, damage, contamination, degradation, extinction and subject to the regulation of the use thereof, Law on EIE Article 5 defines the limits of assessment as follows: Article The assessment at least should include: a) Forecasting, description and estimation of possible direct and indirect impact of the planned activity: On the monuments of history and culture; Key element (8) Identify impacts in the context of the project s area of influence Law on EIA Article 6 requires the following: 1. The proponent, intending to realize some planned activity in the spheres listed in the first item of the Article 3 of the present Law, is obliged to inform the authorized body as follows: 2. The notice should contain: a) A specification of the planned activity, in particular the name, the place of location, the purpose of the planned activity, the characteristic (features), volume, terms of the beginning and end; b) The size of the land plot necessary for the planned activity, need for electric power, water and raw material; The legal framework narrowly specifies the area of impact as the project location, so it is uncertain how decisions regarding the area of project s influence is defined. To attain the explicitly specify, and provide guidance on defining the area of a project s influence. c) The brief description of technical and technological decisions; 5 As of May 2015

6 d) A specification of impact of the planned activity on the environment, a degree of possible impact on separate components of the environment and a degree of its danger; e) The decision of the impacted municipality that the planned activity Key element (9) Assess potential transboundary impacts Law on EIE Article 14, states the following: If the impact of the planned activity is applied beyond the limits of the frontier of the Republic of Armenia, the authorized body at making of the expert conclusion proceeds from requirements of the international agreements ratified by the Republic of Armenia. In this case the government of the Republic of Armenia approves the expert conclusion. The scope of assessment of trans-boundary impacts is limited to impacts subject to international agreements ratified by the Republic of Armenia. require assessment of transboundary impacts regardless of whether such impacts are subject to international agreements ratified by the Republic of Armenia. Key element (10) Assess potential global impacts, including climate change Law on EIE Art The assessment at least should include: a) Forecasting, description and estimation of possible direct and indirect impact of the planned activity: - On climatic conditions Article 31 of the Law on Nature Protection requires, in the event that under the international agreement 5 the nature protection requirements are applied to the Republic of Armenia, that differ from requirements of the legal framework of the Republic of Armenia about nature protection, the requirements of the international agreement are to be applied. As there is no explicit requirement for project proponent to assess global impacts, with the exception of broad requirement to apply provisions of international conventions None required. Key element (11) Use strategic environmental assessment Law on EIE. Article 15 regulates the expertise of Concepts.. Per Paragraph 2 of Article 1 and Paragraph 1 of Article 15 of the Law the term concept means concept papers, programs, complex schemes and master plans, regional planning documents and schemes for complex use of resources. which can be classified as strategic papers by definition. Paragraph 1 requires the use of strategic assessment for all sectors of economy (including the environmental sector), which according to the Convention on Environmental Impact Assessment in Transboundary Context and its Protocol on Strategic Environmental Assessment are subject to environmental evaluation and expertise. the concepts are: None required. 5 Armenia ratified the Kyoto Protocol to the United Nations Framework Convention on Climate Change in As of May 2015

7 Policy Principle 3: Examine alternatives to the project s location, design, technology, and components and their potential environmental and social impacts and document the rationale for selecting the particular alternative proposed. Also consider the no-project alternative. Key element (1) Examine alternatives to the project s location, design, technology Law on EIE Article 3 outlines the objectives of the environment impact assessment are: - analysis of possibility and expediency of the planned activity, the concept and their alternatives taking into account all environmental restrictions; - assessment of the possible impact on the environment of the planned activity, the concept and their alternatives and a degree of danger thereof; - check of a degree of possible environmental impact of the planned activity, the concept and their alternatives on the environment; integrated approach and reliability of the analysis of consequences, sufficiency of actions envisaged for prevention, liquidation or reduction of these consequences as while in service and realization, and at the extreme situations; The legal framework is unclear in terms of the specific alternatives to be considered, in particular if it seeks to investigate all possible alternatives in terms of location, design and technology. explicitly specify that location, design and technology alternatives should all be considered as part of the alternative development scenario. - provision of rational and reasonable use of natural resources; Article 5. Limits of assessment are defined as the following: 1. The assessment at least should include: b) Alternative decisions, including alternative of zero action (exclusion of the planned activity), their comparative analysis and the choice of the most acceptable variant; --Justification for selected option d) A detailed estimation of consequences of economic and social development on the environment in case of the chosen zero variant owing to environmentally harmful impact of the planned activity. Key element (2) None required Law on EIE Article 5 Consider the no-project alternative 1. The assessment at least should include: b) Alternative decisions, including alternative of zero action (exclusion of the planned activity), their comparative analysis and the choice of the most acceptable variant; d) A detailed estimation of consequences of economic and social development on the environment in case of the chosen zero variant owing to environmentally harmful impact of the planned activity. 7 As of May 2015

8 Policy Principle 4: Avoid, and where avoidance is not possible, minimize, mitigate, and/or offset adverse impacts and enhance positive impacts by means of environmental planning and management. Prepare an environmental management plan (EMP) that includes the proposed mitigation measures, environmental monitoring and reporting requirements, related institutional or organizational arrangements, capacity development and training measures, implementation schedule, cost estimates, and performance indicators. Key considerations for EMP preparation include mitigation of potential adverse impacts to the level of no significant harm to third parties, and the polluter pays principle. Key element (1) Avoid, and where avoidance is not possible, minimize, mitigate, and/or offset adverse impacts and enhance positive impacts by means of environmental planning and management Law on EIE Article 2, purpose and principles of the environment impact assessment 1. Environment impact assessment is obligatory activity carried out by the state, which basic purpose is to predetermine and warn or reduce to minimum the harmful impact of the concept and the planned activity on health of a man, the environment, normal economic and social development. Article 3. : The objectives of the environment impact assessment are: - sufficiency of actions envisaged for prevention, liquidation or reduction of [adverse] consequences [of planned activity] - provision of rational and reasonable use of natural resources; - prohibition of any planned activity rendering irreversible harmful impact on the environment Law on EIE Article 5 1. The assessment at least should include: c) on liquidation or decrease of the possible impact of the planned activity on the environment;. The legal framework requires the minimization and mitigation of impacts, but it is unclear regarding potential options for improving beneficial impacts. For, the legal framework should require options for avoidance, as well as enhancing any positive and beneficial impacts of development on the environment. Key element (2) Prepare an environmental management plan (EMP) that includes the proposed mitigation measures Law on EIE Article 5 requires: -Environmental prevention and mitigation measures. -EIA covers various activity states: design, construction, operation, decommissioning, and after decommissioning. None required Law on EIE Article 9 refers to the documentation of the assessment, and in particular to the EMP and requires that it contains: g) Proposals on actions and necessary conditions on exclusion or decrease of harmful impact of the planned activity on the environment, and also realization and operation of the planned activity. Key Element (3) Prepare an (EMP) that No Equivalence 8 As of May 2015

9 includes environmental monitoring and reporting requirements specify the requirement that the EMP also include environmental monitoring and reporting requirements. Key Element (4) Prepare an (EMP) that includes related institutional or organizational arrangements No Equivalence specify the requirement that the EMP also include, related institutional or organizational arrangements. Key Element (5) Prepare an (EMP) that includes. capacity development and training measures No Equivalence specify the requirement that the EMP also include capacity development and training measures. Key Element(6) Prepare an environmental management plan (EMP) that includes [an] implementation schedule No Equivalence None required. To attain Full Equivalence, the legal framework should specify the requirement that the EMP also include an implementation schedule. Key Element (7) Prepare an (EMP) that includes cost estimates No Equivalence specify the requirement that the EMP also include cost estimates. Prepare an (EMP) that includes the proposed performance indicators No Equivalence specify the requirement that the EMP also include performance indicators. 9 As of May 2015

10 Policy Principle 5: Carry out meaningful consultation with affected people and facilitate their informed participation. Ensure women s participation in consultation. Involve stakeholders, including affected people and concerned nongovernment organizations, early in the project preparation process and ensure that their views and concerns are made known to and understood by decision makers and taken into account. Continue consultations with stakeholders throughout project implementation as necessary to address issues related to environmental assessment. Establish a grievance redress mechanism to receive and facilitate resolution of the affected people s concerns and grievances regarding the project s environmental performance. Key element (1) Carry out meaningful consultation with affected people and facilitate their informed participation Law on, EIE Article 3 requires Notification and participation of the public at all stages of assessment. Articles 8-10 establish the time frame and stipulates that the Ministry of Nature Protection (MNP) to inform affected municipality and public; proponent and municipality conduct public hearings and report back to MNP. The EEI Law provides for a rigid timetable of notifying, through mass media, both local authorities/municipalities and the public of the development intentions of a proponent. Article 10 stipulates that the Ministry of Nature Protection should inform the public and determine the nature and scope of public hearings. The ministry reviews the EIE. According to the Law on EIE, public participation shall be ensured at various stages of the EIE process. At the initial stage, within 7 days after receiving the application about intention (preliminary documentation) from the initiator, the authorized body (MNP) informs about it the local governing body and the population of the community (Article 6.3). Local governing body of the community and the initiator organize public hearing within 15 days (Article 6.4). Article 8.2. The second public hearing is to be organized at the stage of implementation of EIE (after making a decision on the necessity of EIE), when the authorized body directs a copy of the received documentation to the heads of community, where the proposed activity will take place. The local governing body of the community together with the initiator and the authorized body organize public hearings within 30 days. Articles The third hearing is to be arranged after the professional decision on EIE is made by the certified experts. The authorized body has to organize public hearings with participation of representatives of other state structures, regional authorities and individual experts within 30 days. The legal framework is silent regarding what constitutes a public hearing and it is hence unclear if this approach constitutes a meaningful consultation with affected people. For, the legal framework should specify how the public is expected to participate in the consultation process beyond making provision for a public hearing. Key element (2) Ensure women s participation in consultation There is no explicit reference in the legal framework that ensure women s participation and consultation, although it is implicit in the Law on EIE No Equivalence To achieve the require the explicit participation of, and consultation of women 10 As of May 2015

11 Key element (3) Involve stakeholders, including affected people and concerned nongovernment organizations, early in the project preparation process. Law on EIE Article 3 requires that the environment impact assessment has: - notification and participation of the public at all stages of assessment. Article 6 requires notification of planned activities. 3. In 7-day term after reception of the notice the authorized body informs officials of the impacted municipality and the public on the initiative of realization of planned activity. 4. In 15-day term after reception of the notice officials of the impacted municipality and the undertaking person organize public hearings on the planned activity (which procedure is established by the government of the Republic of Armenia), informing through mass media about the planned activity, the place and term of hearings; It is unclear whether the public includes concerned nongovernment organizations. To attain the specify that the public includes the involvement and participation of concerned nongovernmental organizations. 5. If within 30 days the impacted municipality or the public does not submit to the authorized body its proposals, the opinion of the impacted municipality is considered to be positive. 6. In 30-day term after the initiative following from the Article 4 (4) of the present Law, the authorized body makes a decision about realization or non-realization of the environment impact assessment and informs initiators of the assessment and the undertaking person. In case of need of carrying out of the environment impact assessment the undertaking person submits to the authorized body the documentation following from the Article 7. Article 8 requires: The authorized body after reception of the documentation directly gives its copies to the officials of the area or the municipality, corresponding state body and the impacted municipality. In 5-day term officials of the impacted municipality inform through mass media on where and when it is possible to familiarize with the documentation and to receive information on it (in the written or oral form). 2. Within 30 calendar days the authorized body, officials of the impacted municipality and the undertaking person organize and provide studying the documentation and public hearing. In the specified time interval the opinion of the public is submitted to the officials of the impacted municipality or directly to the authorized body. If a number of impacted municipalities is more than one, the place of public hearings is determined by the authorized body. 3. In 10-day term after the expiration of term following from the Article 8 (2) officials of the impacted municipality submit the opinion of the public and their opinion to the authorized body. 4. The question whether the municipality is exposed or is not exposed to the impact is finally solved by 11 As of May 2015

12 the authorized body. 5. Corresponding state bodies in 30-day term after reception of the documentation direct their opinion to the authorized body. Article 10 requires, with respect to in terms of the public hearings on professional conclusion on the documentation within: 1. In 30-day term after reception of the professional conclusion the authorized body provides public hearings of the professional conclusion, public opinion, the opinions of officials of the impacted municipality, of impacted municipalities and the corresponding state bodies. 2. Not earlier than for 7 days the authorized body in writing informs the undertaking person, officials of area or the impacted municipality, the corresponding state bodies and the authorized persons on terms and the place of carrying out of public hearings. Other experts and specialists may be invited to public hearings. 3. The authorized body in the message informing the public specifies the form and procedure of public hearings. 4. The participants specified in the Article 10 (1) receive from the authorized body the report of results of public hearings. Article 11 defines the formalization process of the documents following public hearings. In 20-day term after public hearings on the basis of the professional conclusion and reports of results of public hearings by the authorized body it is made a decision on giving out of the expert conclusion. Key element (4) Establish a grievance redress mechanism Law on EIE, Article 21 states that all points at issue which have arisen during environment assessment will be appealed in the judicial order according to the legal framework of the Republic of Armenia No Equivalence There is no legal requirement for establishment of a projectspecific grievance redress mechanisms. legal framework requires to include explicit provision for establishing project-specific grievance redress mechanisms to resolve disputes and arbitrate such disputes. Policy Principle 6: Disclose a draft environmental assessment (including the EMP) in a timely manner, before project appraisal, in an accessible place and in a form and language(s) understandable to affected people and other stakeholders. Disclose the final environmental assessment, and its updates if any, to affected people and other stakeholders. Key element (1) Disclose a draft Law on EIE, Article 6.3 requires that public participation shall be ensured at various stages of the EIE To attain the 12 As of May 2015

13 environmental assessment (including the EMP) in a timely manner, before project appraisal, in an accessible place process. At the initial stage, within 7 days after receiving the application about intention (preliminary documentation) from the initiator, the authorized body (MNP) informs about it the local governing body and the population of the community (). Local governing body of the community and the initiator organize public hearing within 15 days (Article 6.4). Article 8.2. The second public hearing is to be organized at the stage of implementation of EIE (after making a decision on the necessity of EIE), when the authorized body directs a copy of the received documentation to the heads of community, where the proposed activity will take place. The local governing body of the community together with the initiator and the authorized body organize public hearings within 30 days The legal framework is unclear whether the draft EIE and the EMP are to be disclosed at the second public hearing. explicitly specify that the draft EIE and EMP should be disclosed in a timely manner prior to project approval. Articles The third hearing is to be arranged after the professional decision on EIE is made by the certified experts. The authorized body has to organize public hearings with participation of representatives of other state structures, regional authorities and individual experts within 30 days.. Key element (2) Disclose the final environmental assessment, and its updates if any, to affected people and other stakeholders According to the Law on EIE, Articles , public participation shall be ensured at various stages of the EIE process. The third hearing is to be arranged after the professional decision on EIE is made by the certified experts. The authorized body has to organize public hearings with participation of representatives of other state structures, regional authorities and individual experts within 30 days (). It is unclear if the final EIE and any updates are required to be disclosed following the consultation process. clearly require that the final EIE and any updates must be disclosed to affected people and other stakeholders. Policy Principle 7: Implement the EMP and monitor its effectiveness. Document monitoring results, including the development and implementation of corrective actions, and disclose monitoring reports. Key element (1) Implement the EMP and monitor its effectiveness Law on EIE Article 19 requires that: The undertaking person, the representing person and the developer of the documentation bear the responsibility: - For observance of nature protection requirements at all stages of design and for financing in these purposes of necessary works and researches; - For completeness, scientific substantiation, quality and reliability of the materials submitted to the environment impact assessment; - For environmental consequences of design decisions; - For performance of requirements of the expert conclusion; - For integrated approach of materials represented for assessment, and also representation of necessary None required 13 As of May 2015

14 additional materials and documentation; - For representation of planned activity or the concept of the public. Law on EIE Articles 16 and 17 define the role of authorized body (Ministry of Nature Protection) in ensuring implementation of safeguard measures: 1. The status of the state authorized body, which carries out environment impact assessment, is established by the government of the Republic of Armenia. 2. The authorized body is competent: a) To carry out environment impact assessment of the planned activity established by the Article 4 of the present Law, and the concepts listed in Article 15, and to give the expert conclusion; b) To execute the requirements following from the Articles 7 and 8; c) To invite experts; d) To create and to conduct bank of materials and the data on environment impact assessment; e) To carry out supervision of execution of requirements of the expert conclusion; f) To develop methodical materials on realization of the environment impact assessment. 3. The authorized body within the limits of the competence has the right to carry out other actions necessary for realization of environment impact assessment not contradicting to the current legal framework. Article The authorized body bears the responsibility: - For validity of the conclusion; - For observance of the principles, rules, norms and terms; - For provision with necessary documents and materials; - For provision of necessary working conditions; - For publicity of the environment impact assessment. 2. The authorized body bears the responsibility for the decision following from Article 4 (4). Key element (2) Document monitoring results, including the development and implementation of corrective actions, and No Equivalence The legal framework is unclear on documentation of monitoring reports and its disclosure and procedures for taking include provisions for documentation and disclosure of monitoring results and how these results would be used to 14 As of May 2015

15 disclose monitoring reports. corrective actions based on monitoring results. ensure corrective actions. Policy Principle 8: Do not implement project activities in areas of critical habitats, unless (i) there are no measurable adverse impacts on the critical habitat that could impair its ability to function, (ii) there is no reduction in the population of any recognized endangered or critically endangered species, and (iii) any lesser impacts are mitigated. If a project is located within a legally protected area, implement additional programs to promote and enhance the conservation aims of the protected area. In an area of natural habitats, there must be no significant conversion or degradation, unless (i) alternatives are not available, (ii) the overall benefits from the project substantially outweigh the environmental costs, and (iii) any conversion or degradation is appropriately mitigated. Use a precautionary approach to the use, development, and management of renewable natural resources. Key Element (1) Do not implement project activities in areas of critical habitats, unless (i) there are no measurable adverse impacts on the critical habitat that could impair its ability to function, (ii) there is no reduction in the population of any recognized endangered or critically endangered species, and (iii) any lesser impacts are mitigated Law of Nature Protection defines the rules regarding protection of elements of wildlife and habitats: Article 23. Protection of Wildlife The wild animals living in the condition of natural freedom on the territory of the Republic of Armenia (in air, water, on land) are subject to protection and regulation of use. Actions interfering with natural reproduction, preservation of animal biological diversity and damaging the habitats thereof, as well as those to lead to biological pollution of nature, are forbidden. Protection and the use of wildlife are regulated by the legal framework of the Republic of Armenia on wildlife. Article 25. Protection of rare and endangered plants and animals The Red book of the Republic of Armenia authorized by the decision of the Council of Ministers of the Republic of Armenia is a basis for protection of rare and endangered plants and animals. Any and all activities resulting in the reduction of number of those plants and animals included in the Red Book, to deterioration of habitats thereof is forbidden. The order of the permit of cultivation, and reproduction in the scientific purposes of these plants and animals, and also shooting of animals In the case of threat to the life of people is established by the state-authorized body on nature protection. Enterprises, organizations and other land users in which territory there are plants and animals included in the Red Book, are obliged to take measures on their protection and reproduction. Although the legal framework provides for the protection and regulation of habitat necessary for the preservation of biological diversity it does not explicitly: (a) distinguish between critical and noncritical habitat; (b) prohibit project activities in critical habitat or (c) specify exceptional circumstances under which project activities could be permitted in critical habitat. a) distinguish between critical and non-critical habitat; (b) prohibit project activities in critical habitat or (c) specify exceptional circumstances under which project activities could be permitted in critical habitat. The persons guilty in destruction of plants and animals included in the Red Book are called to account for material, administrative and criminal responsibility. The order of conducting the Red Book of the republic is established by the regulations approved by the State authorized body of the Republic of Armenia on nature protection. In addition, the protection of natural habitats, ecosystems, forests, fauna and flora are governed a number of legal framework such as the following:. 15 As of May 2015

16 Key Element (2) None required. If a project is located within a legally protected area, implement additional programs to promote and enhance the conservation aims of the protected area The Law on Specially Protected Natural Areas (1991) outlines principles that govern sustainable development, restoration, conservation and use of ecosystems, nature complexes and objects of the specially protected natural areas. The latter includes provisions for establishing and managing biosphere reserves, state reserves, national parks, natural parks, sanctuaries and national monuments and defines the objectives of each of these categories of specially protected natural areas Law of Nature Protection Article 24. Specially Protected Natural Areas State reserves, state sanctuaries, national natural parks, and monuments of nature are subject to state protection, in the Republic of Armenia. The Law of the Republic of Armenia On protection of specially protected natural area regulates relations in the field of protection of specially protected natural areas. Key Element (3) In an area of natural habitats, there must be no significant conversion or degradation, unless (i) alternatives are not available, (ii) the overall benefits from the project substantially outweigh the environmental costs, and (iii) any conversion or degradation is appropriately mitigated The Law on Nature Reserves (1991) guides the preservation and reproduction of natural ecosystems and preservation of species. Article 9 in particular defines activities that are prohibited in these natural areas. Law of Nature Protection Article 22. Protection of Forests, Hardy-Shrub Species and other Useful Vegetation, Not Included in the State Forest Fund Forests of the Republic of Armenia, trees and groups of trees, and also other hardy-shrub species, that are not included in the state forest fund, in towns and other settlements, on strips of allotment of roads and channels, as having improving, protective and aesthetic value, and also separate decorative trees and groups of trees, any useful vegetation on the agricultural lands are subject to protection. Relations in the sphere of use, reproduction and protection of flora are regulated by the legal framework of the Republic of Armenia on flora. The Forest Code (2005) entails provisions management of forests of protection significance, forests of special significance and forests of production significance. The Laws of Fauna (2002) and Flora (1999) outlines measures for protection, conservation and use of fauna and flora respectively. The legal framework outlines general principles for protection of habitats in natural areas that are not defined as critical or legally protected areas but does not prohibit significant conversion or degradation, unless (i) alternatives are not available, (ii) the overall benefits from the project substantially outweigh the environmental costs, and (iii) any conversion or degradation is appropriately mitigated. To attain the prohibit significant conversion or degradation of (non-critical or otherwise legally protected) natural habitats, unless (i) alternatives are not available, (ii) the overall benefits from the project substantially outweigh the environmental costs, and (iii) any conversion or degradation is appropriately mitigated. 16 As of May 2015

17 Key Element (4) Use a precautionary approach 6 to the use, development, and management of renewable natural resources. Law on EIE Article 3 outlines the objectives of the environment impact assessment to include:: -rational and reasonable use of natural resources; The legal framework sets forth as an objective of EIA the rational and reasonable use of natural resources. However, it does not require use of the precautionary approach. To attain the require use of a precautionary approach to the use, development, and management of renewable natural resources. Policy Principle 9: Apply pollution prevention and control technologies and practices consistent with international good practices as reflected in internationally recognized standards such as the World Bank Group s Environmental, Health and Safety Guidelines. Adopt cleaner production processes and good energy efficiency practices. Avoid pollution, or, when avoidance is not possible, minimize or control the intensity or load of pollutant emissions and discharges, including direct and indirect greenhouse gases emissions, waste generation, and release of hazardous materials from their production, transportation, handling, and storage. Avoid the use of hazardous materials subject to international bans or phaseouts. Purchase, use, and manage pesticides based on integrated pest management approaches and reduce reliance on synthetic chemical pesticides. Key element (1) Apply pollution prevention and control technologies and practices consistent with international good practices Law on Nature Protection, Article 12 defines permissible limits of harmful substances into the environment: The Normalization of quality of nature environment is performed with the purpose of the establishment of scientifically proved maximum permissible specifications of the influence, as far as the environment, and assuring the safety of the population and the general ecological system. Maximum permissible specifications of harmful influence on environment and health of individuals are changed, taking into account the international standards in the process of the development of science and technology. The state authorized body of the Republic of Armenia, in charge of nature protection and Ministry of Health of the Republic of Armenia which, proceeding from the features of given area and in coordination with local Councils, can make the established specifications tougher. The system of normative and technical and meteorological ensuring of nature protection includes the following specifications: - Specifications of maximum permissible concentration of the harmful substances polluting air, water and soil, - Specifications of maximum allowable levels of noise, vibration, magnetic fields, radiation and other harmful physical influences, It is not clear if the legal framework calls for applying pollution prevention and control technologies as a first option. make the application of pollution prevention and control as a priority option. 6 As the SPS does not define the precautionary approach this assessment will use the definition cited in Principle number 15 of the Rio Declaration: "In order to protect the environment, the precautionary approach shall be widely applied by States according to their capabilities. Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation. 17 As of May 2015

18 - Specifications of maximum acceptable residual quantities of chemical substances in food, - Maximum tolerable specifications of application of chemicals in agriculture, - Specifications of maximum permissible levels of loading on the natural environment, - Specifications of sanitary and protective zones, - Parameters describing status of health of the population and its separate groups. The Law on Atmospheric Air Protection (1994), Law on Substances that Deplete the Ozone layer (2006), Lithosphere Code (1992) and Water Code (1992) have specific provisions relating to pollution prevention and control, Law on Wastes, Article 6. provides the following guidance for waste control and management: Article 2. The main approaches of the state policy in the area of waste management are reduction of waste production and risk level through: a) Use of modern scientific and technological achievements for implementation of non-waste or lowwaste technologies; Key Element (2) Adopt cleaner production processes and good energy efficiency practices Law on Waste, Article 6. provides the following guidance for waste control and management: 1. The main principles of state regulation in the area of waste management are as follows: a) Protection of human health and environment from adverse effects of waste; b) Assurance of reasonable use of raw material and energy resources; c) Balancing of environmental, economic and social interests of public in the area of waste management. None required. Key Element (3) Avoid pollution, or, when avoidance is not possible, minimize or control the intensity or load of pollutant emissions and discharges, including direct and indirect greenhouse gases emissions, waste generation, and release of hazardous materials from their production, Law on Nature Protection, Article 15 defines the Ecological Requirements at Operation of the Enterprises, Constructions and Other Units, in that the enterprises, associations and organizations the activity of which can exert harmful influence on environment, are obliged to accept the effective measures for preservation of the healthy nature environment and the observance of ecological norms. The enterprises are obliged to provide the protection of nature environment, by the maintenance of uninterrupted and effective work of waste treatment facilities, constructions and installations, neutralization of harmful wastes, the introduction of ecologically safe technologies and systems of water recycling, according with the working specifications. It is forbidden to accept the units, which are not offering performance of all ecological requirements at the operation stage. Chairman and members of the commission who have accepted in operation similar None required 18 As of May 2015

19 transportation, handling, and storage. units are instituted criminal proceedings against, under the administrative and criminal norms. Law on Substances that Deplete the Ozone layer (2006 regulates zone depleting chemicals pursuant to Armenia s commitment under the Montreal Protocol. 7 Law on Waste, Article 1 of regulates waste collection, transportation, storage, processing, recycling, removal, volume reduction and other related activities, as well as legal and economical bases for prevention of adverse effects of waste on human health and environment. Article 6. provides the following guidance for waste control and management: 1. The main principles of state regulation in the area of waste management are as follows: a) Protection of human health and environment from adverse effects of waste; b) Assurance of reasonable use of raw material and energy resources; c) Balancing of environmental, economic and social interests of public in the area of waste management. 2. The main approaches of the state policy in the area of waste management are reduction of waste production and risk level through: a) Use of modern scientific and technological achievements for implementation of non-waste or lowwaste technologies; b) Complex utilization of raw material resources for reduction of waste quantity (volumes); c) Maximal consumption of waste which has a raw material value, through its direct, double and alternative utilization; 4 d) Assurance of safe removal of non-recyclable waste through development of waste disinfection and elimination technologies, environmentally safe methods and means; e) Assurance of information accessibility in the area of waste management. f) Provision of economical incentives system, Article 23. Promotion of activities aimed at waste recycling and waste production volumes Reduction To promote activities aimed at recycling of waste and reduction of waste volumes, legal entities introducing waste volume reduction technologies during collecting, storing of waste and putting up the waste management structures while producing goods (implementing works and rendering services), as well as those producing waste volume reduction equipment/installations, having share participation in waste recycling or financing activities to reduce waste production volumes may be granted privileges in the procedure established by law. Law on Waste Management, Articles 6 and 7 promotes the use of modern scientific and technological 7 Armenia ratified the Montreal Protocol on Substances that Deplete the Ozone Layer in 1999 and has subsequently ratified all amendments to the Protocol 19 As of May 2015