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
Cristina Russo, 20th April 2010, Tunes
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
Cristina Russo, 20th April 2010, Tunes
2. The National EIA Procedure
30 days suspended
20 to 50 days
10 days 15 days
120 to 140 days maximum
40 days
Cristina Russo, 20th April 2010, Tunes
2. The National EIA Procedure
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
Cristina Russo, 20th April 2010, Tunes
2. The National EIA Procedure
EIA Authority
Ministry of the Environment
Prepares a EIS proposal, based on the Committee’s report
Issues the Environmental Impact Statement
Cristina Russo, 20th April 2010, Tunes
2. The National EIA Procedure
• 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.
Cristina Russo, 20th April 2010, Tunes
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.
Cristina Russo, 20th April 2010, Tunes
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
Cristina Russo, 20th April 2010, Tunes
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
Cristina Russo, 20th April 2010, Tunes
4. Conclusion
Thank you for your attention!
Cristina Russo
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.