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9. Environmental Impact

Plans, programmes and investment proposals for construction, activities and technologies or modifications thereof, during the implementation of which considerable impacts on the environment may occur may require the making of an environmental assessment (EA) or an environmental impact assessment (EIA).

 

-          EA is made in respect of plans and programmes which are in the course of preparation and/or approval by central and regional executive authorities, bodies of the local governance and the National Assembly;

-          EIA is made in respect of investment proposals for construction, activities and technologies as per Annexes 1 and 2 to the Law on Environment Protection.

 

EIA shall always be made regarding:

 

-          Investment proposals for construction, activities and technologies as per Annex 1 to the Law on Environment Protection;

-          Investment proposals for construction, activities and technologies with transboundary effect according to Appendix 1 to Article 2 of the Convention on Environmental Impact Assessment in a Transboundary Context.

 

The need for making an EIA shall be considered with regard to:

-          Investment proposals under Annex 2 to the Law on Environment Protection;

-          Any expansion or modification of an investment proposal according to the Law on Environment Protection which has been approved/is in the course of approval, has been implemented/is in the course of implementation, if it may lead to any considerable adverse impact on the environment;

 

Investment proposals under Annex 1 to the Law on Environment Protection, new methods and products developed for improvement which will not be effective for more than 2 years.

 

Procedure regarding the evaluation of the need for making an environmental impact assessment (EIA)

Competent authority

  • According to the type of the project which is the subject of the investment proposal competent authority is:
  • the Minister of Environment and Water, or
  • the Director of the Regional Inspectorate of Environment and Water (RIEW).

Procedure

1)       Filing a written request for evaluation of the need for making an EIA ;

2)       Correction of any incompleteness and/or inaccuracies;

3)       Evaluation of the need for making an EIA ;

4)       Making inspections and consultations;

5)       Taking a decision regarding the need for making an EIA ;

6)       Notification of the decision.

Required documents

  • Written request for taking a decision regarding EIA; the following documents shall be attached to the request:
    -the information under Appendix 2 to the Ordinance on the terms and procedures for making an environmental impact assessment;
    -information about the public interest (if any), including opinions by the relevant municipality/region/town council received written opinions of interested parties, complaints, objections or proposals, minutes from meetings, any other information;
    - documents evidencing the notification of the relevant municipality/municipalities/ region/s and town council or councils and of the affected population (copies of letters, copy of the notice);
    - document evidencing the payment of the relevant fee.

Terms

  • 1 month for taking the decision by the competent body (excluding the period for correcting incompleteness);
  • 3 days from pronouncing the decision for its provision to the investor and its notification.

 

Procedure regarding the evaluation of the need for making an environmental assessment (EA)

Competent authority

  • Regarding the plans and programs approved by the central authorities: the Minister of Environment and Water;
  • Regarding the plans and programs approved by the regional executive authorities or by municipal councils:
    • the director of the relevant Regional Inspectorate of Environment and Water (RIEW) or
    • the Minister of Environment and Water if the investment project is located within several municipalities in the scope of different RIEWs.

Procedure

1)       Filing a written request for evaluation of the need for making an EA;

2)       Correction of any incompleteness and/or inaccuracies;

3)       Evaluation of the need for making an EA;

4)       Regarding plans and programs falling entirely or partially within protected areas: written and electronic notification of the relevant authority and submission of the relevant information (characteristics of the plan, program and project, assignment for preparation, excerpt plans for us of forests, map or any other up-to-date graphic material of the area to be affected).

5)       Notification of the decision.

Required documents

  • Written request for evaluation of the need for making an EA containing information about the investor and general information about the proposed plan/program;
  • Attachments to the request (characteristics of the plan/program; justification of the particular need for its making, information about plans/programs/investment proposals related to the proposed plan/program, characteristics of the area to be affected and expected environmental impacts, map of the area to be affected or any other up-to-date graphic material , assignment for preparation of plans/programs);
  • Document evidencing the payment of the relevant fee.

Terms

  • 60 days for taking the decision regarding the evaluation of the need for an EA;
  • The investor shall be informed within 7 days following adoption of the decision.

 

Procedure for taking a decision regarding an EIA

Competent authority

  • The Minister of Environment and Water or
  • The director of the relevant Regional Inspectorate of Environment and Water (RIEW)
  • According to the type of the project which is the subject of the investment proposal.

Procedure

1)       Filing a written request for issuance of a decision regarding EIA to the registry office of the competent body and written notification to the population to be affected;

2)       Provision of an EIA report to the competent municipalities, town councils or regions and evaluation of the quality of the EIA report;

3)       Conducting public discussion by the investor;

4)       Taking a decision regarding the EIA

5)       Notification of the decision.

Required documents

  • Written request for taking an EIA decision; the following documents shall be attached to the request:
    • EIA report,
    • EIA scope assignment,
    • non-technical summary,
    • document evidencing the payment of the relevant fee.
  • Minutes from the public discussion accompanied by all received written opinions, statements and proposals;
  • The investor's opinion in respect of the public discussion.

Terms

  • 7 days after conducting the public discussion the investor should be notified of the results thereof, including the opinions and minutes from the discussion;
  • 45  days after conducting the public discussion for taking the decision by the competent authority the investor should be notified of the results thereof;
  • The investor shall be informed within 7 days following adoption of the decision.

 

Procedure for issuing an opinion on environmental assessment

Competent authority

  • Regarding the plans and programmes approved by the central authorities: the Minister of Environment and Water;
  • Regarding the plans and programmes approved by the regional executive authorities or by municipal councils:
    • the director of the relevant Regional Inspectorate of Environment and Water (RIEW) or
    • the Minister of Environment and Water if the investment project is located within several municipalities in the scope of different RIEWs.

Procedure

1)       Filing a written application for an EA opinion to the competent authority;

2)       Drafting an EA report;

3)       Conducting a public discussion by the investor; reporting the results in the EA report;

4)       Correction of any inaccuracies/incompleteness;

5)       Providing access to the draft plan/programme;

6)       Measures regarding the monitoring and control during the implementation of the plan/programme;

7)       Adopting an EA opinion;

8)       Notification of the opinion.

Required documents

  • Written application for an EA opinion containing the following:
    • information about the investor;
    • general information of the proposed plan/programme;
  • the body responsible for the implementation of the plan/programme;
  • EA report and non-technical summary;
  • Documentation regarding the results from the consultations with the public and with the affected bodies and persons;
  • Document evidencing the payment of the relevant fee.

Terms

  • 30 days from the filing of the application for the issuance of the opinion;
  • 5 days from pronouncing the opinion for its provision to the investor.