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THE PORTUGUESE EIA SYSTEM

Cristina Russo, Portuguese Environment Agency

Subregional Workshop under the Convention on Environmental Impact Assessment in a Transboundary Context

Tunes, 20th – 21st May 2010

Practical application of the Espoo Convention in the Mediterranean Sea area

Cristina Russo, 20th April 2010, Tunes

THE PORTUGUESE EIA SYSTEM

1. The development of the Portuguese EIA Legal Framework

2. National EIA Procedure

3. EIA Procedure on a Transboundary Context

3.1. Portugal as Party of Origin3.2. Portugal as Affected Party

4. Conclusion


1. The development of the Portuguese EIA Legal Framework

2005

2000

1990

1997: EU becomes a Party to the Espoo Convention

1999: Portugal ratifies the Espoo Convention

2003: Directive 2003/35/EC, of 26 May, providing public participation


2. The National EIA Procedure

30 days suspended

20 to 50 days

10 days 15 days

120 to 140 days maximum

40 days



Submits EIS + Preliminary Design Project

Forwards EIS + Preliminary Design Project

Appoints the Assessment Committee

Non conformityNon conformity ConformityConformity

Leg

al

tim

e p

eri

od

s are

su

spen

ded

EIA Procedure is

closed



EIA Authority

Ministry of the Environment

Prepares a EIS proposal, based on the Committee’s report

Issues the Environmental Impact Statement



• Environmental Impact Statement (binding decision):

Unfavourable: the project can not be developed;

Favourable: conditions for the project implementation may be set out (project conditionally approved) or not (project approved without restrains).

• A scoping phase may take place previously to the EIA procedure. It consists on a non-mandatory step, which the proponent may opt to carry out before submitting the whole project to EIA.

• When the EIA occurs in a phase of prior study or ante-project, a post assessment procedure must take place before the project implementation. It consists basically in verifying if the implementation of the project complies with the conditions established by the EIS.


3. EIA Procedure on a Transboundary Context

The notification is sent through the competent services of the foreign affairs office and includes the following:

i.Description of the project and any available information on its possible transboundary impacts;

ii.Information on the nature of the decision, which may be taken by the authorities.


3. EIA Procedure on a Transboundary ContextPortugal as Party of Origin

i. Description of the project and information on the site.ii. EIS including environmental effects, main alternatives, measures to

avoid, reduce and remedy significant adverse effects and monitoring programs.

iii. Non-technical summary

All the documents are made available in

Portuguese unless the Affected Party

requires a translated version

Within the legal deadlines

As soon as the EIA

procedure ends


3. EIA Procedure on a Transboundary ContextPortugal as Affected Party

Notification from the Party of Origin

National competent authorities analyze the need to participate

No intention to participate Intention to participate

No significant environmental impacts in national territory

Significant environmental impacts in national territory

EIA authority promotes a public consultation process disclosing all the information submitted

by the Party of Origin

Outcome of the public consultation is analyzed by the EIA authority and sent to Party of Origin

Within the legal deadlines established by the Party of Origin

National EIA authority makes available to the public all the information on the final decision of

the EIA procedure

As soon as the Party of Origin discloses the information


4. Conclusion

Thank you for your attention!

Cristina Russo

[email protected]

In Portugal, EIA has proved to be a

preventive and decisive tool in the pursuit

of a sustainable development policy,

contributing effectively to improve the

quality of life.

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