State | Source | Information |
Albania
| Cherp | - Law on Environmental Protection, 1993
- Regulation and procedure on EIA, draft
|
| Review | |
| Other | Law on Environmental Protection No. 8934 of 5 September 2002- article 27 for transboundary EIA, article 28 for SEA Law on EIA No. 8990 of 2003 (draft revised law on EIA being discussed mid-2010) Legal framework for SEA comprises Law on Environmental Protection (No. 8934, 2002) and the EIA Law (No. 8990, 2003). However, SEA regulation is not yet fully in line with the SEA Protocol. EIA Law treats SEA as an extension of EIA and uses the same requirements for scoping and SEA reports as for EIA. Source: 'Acceptance and Implementation of UNECE Multilateral Environmental Agreements in South Eastern Europe' (for Belgrade Conference). |
Armenia
| Cherp | - Principles of Legislation "on nature protection", [9 July] 1991
- Law on Sanitary-Hygienic Safety of Population, 1992
- Law on Expert Review of Impacts on the Environment [or "Law on Environmental Impact Expertise"], [20 November] 1995
- Law on Environmental Protection, draft
|
| Review | EIA continues to be indirectly regulated by the Law on Expert Review of Impacts on the Environment (or "Law on Environmental Impact Expertise"), 20 November 1995. Draft law on environmental expertise being discussed, includes SEA and transboundary EIA. |
| Other | CENN Review includes the following and much more (e.g. sectoral laws and numerous Ministerial Instructions): - Government Order no. 345, 30 October 1996 on “State body authorized for conducting expertise of environmental impact”
- Government Order no. 386, 20 December 1996 on “Regulations for issuing certificates authorizing specialized expertise of environmental impact”
- Government Order no. 115, 25 February 1998 on “Approving programme of measures for implementing the commitments of the Republic of Armenia under a number of environmental conventions”
- Government Order no. 193, 30 March 1999 on ”Limits of the scale of proposed activities subject to expertise of environmental impact”
- Minister of Nature Protection Order no. 151, 13 November 2002, Regulations for conducting environmental impact expertise
- Government Order no. 701-N, 8 May 2003 on “Conditions, timetables and procedures for reviewing or annulling expert conclusions on EIA”
- The Annex "Main requirements regarding the composition and content of construction projects" to Government Order no. 608, 2 May 2003 “Regulations for development, expertise, endorsement, approval and changes of construction projects”
|
Azerbaijan
| Cherp | - Law on Environmental Protection and Utilization of Natural Resources, 1992
|
| Review | There are no special legislative procedures for EIA or transboundary EIA. A national procedure for conducting EIA envisaged in - the Law on Environmental Protection, Clause VIII: State Ecological Expertise, 1999 (which sets out aims, tasks and executive bodies for environmental expertise)
- Regulation on EIA, 1996.
Ministerial act stipulating implementation of Espoo Convention through appointment of responsible person (focal point). |
| Other | CENN Review includes: - Law on Environmental Protection, Clause VIII: State Ecological Expertise, 1999
- Decree on ratification of the Espoo Convention, 1999
- Decree on Accession to the Aarhus Convention, 2000
- EIA Handbook (non-binding), 1996
|
Belarus
| Cherp | - Law on Environmental Protection, 1992
- Law on the State Environmental Expert Review, 1993
- Instruction on the Order of Conducting State Environmental Expert Reviews, 1995
|
| Review | - |
| Other | - Law on the State Environmental Expertise, 1993, 14 July 2000
- Instruction on the Order of Conducting State Environmental Expertise, Ministerial Resolution no. 8, 11 May 2001
- Instruction on the Order of Conducting EIA of the Planned Economic and other Activities. Register of activities and facilities subject to an obligatory EIA, Ministerial Resolution no. 30, 17 June 2005
- Guidelines on Material Substance and Main Requirements on Validation of Location of Sites of Economic and Other Activities, Ministerial Guidelines no. 3/7, 31 March 1993
- On strengthening of Requirements to the Quality of Statements of the State Environmental Expertise, Ministerial Order no. 71, 13 March 1998
Source: in Ministry of Natural Resources and Environmental Protection |
Bosnia and Herzegovina
| Cherp | (not included) |
| Review | - From Review of Implementation, 2003: - Law on Environmental Protection (in both entities: Federation of Bosnia & Herzegovina; and Republic Srpska) - includes the main provisions from the Espoo Convention and SEA. New secondary legislation for EIA in preparation (list of installations & activities, procedures, permits, etc.)
|
| Other | See Ministry website Basic provisions related to EIA in the entity Laws on Environmental Protection - OG of Federation No. 33/03
- OG of Republic of Srpska No. 53/2002
In the Republic of Srpska, adopted Law on Amendments to the Law on Environmental Protection (OG of Republic of Srpska No. 109/2005). Consolidated text in the OG of Republic of Srpska No. 28/2007. (Amendments relate mainly to the provisions for EIA procedure, to achieve harmonization with those in the Law of the Federation of Bosnia and Herzegovina.) Specific provisions related to EIA are set out in the Regulations and Governmental Decrees issued by both entity ministries. These regulations determine the following: - Projects and installations for which EIA is mandatory, and the criteria for determining the obligation and extent of EIA (OG RS 7/06)
- Installations and facilities whose operation may be commenced only if the environmental permit has been granted (OG RS 7/06, OG FBH 19/04)
- Specific requirements for submitting an environmental permit application for installations and sections for which environmental permits were issued prior to enacting the Laws on Environmental Protection (OG RS 24/06, OG FBH 68/05)
- Timeframe for applying for an environmental permit for installations issued with an environmental permit before the Law on Environmental Protection entered into force (OG RS 24/06, OG 68/05).
In addition, regulations on the mandatory requirements and criteria for enterprises and institutions entitled to perform professional activities in environmental protection, such as compiling EIA studies, have been passed in both entities. (OG RS 15/07 and OG FBH 68/05). Legal framework for SEA is differently defined in each entity of Bosnia and Herzegovina. These framework obligations for SEA are not yet operational due to the lack of implementing secondary legislation. - Federation of Bosnia and Herzegovina: the basic provisions of the SEA are generally defined in Art. 51-52 of the Law on Environmental Protection (July 2003).
- Republic of Srpska: SEA generally defined in Art. 60-61 of the Law on Environmental Protection (2002).
- Brcko District does not yet have environmental legislation.
Source: 'Acceptance and Implementation of UNECE Multilateral Environmental Agreements in South Eastern Europe' (for Belgrade Conference) |
Bulgaria
| Cherp | - Environmental Protection Act (Ch. 4), 1991
- Regulation no. 1 on EIA, 1993
- Regulation no. 2 on the Certification of professional knowledge of the experts who assess the impact on the environment, 1995
|
| Review | - Environmental Protection Act, SG no. 91/2002, last amendment SG no. 77/2005
- EIA Ordinance, SG no. 25/2003, amended SG no. 3/2006
|
| Other | - |
Croatia
| Cherp | - Law on Physical Planning and Spatial Arrangement, 1980
- Law on Environmental Protection (art. 25-32), 1994
- Government Decree on EIA, 1997
|
| Review | - Environmental Protection Act, OG No. 82/94, 128/99
- Ordinance on EIA, OG no. 59/2000, plus amendments in no. 136/2004 (replaced 1997 Decree) - define necessary steps in EIA process and transpose the EC EIA Directive
|
| Other | Environmental assessment of physical plans carried out under Environmental Protection Act (EPA; Art. 34), which requires the Ministry of Environmental Protection, Physical Planning and Construction to give its consent to such plans prior to their passing. EIA procedure used for the assessment of physical plans (i.e. preliminary study for projects not specified in physical planning documentation, upon proposals for the amending of a plan) as required for projects under the EIA Regulation. Source: 'Acceptance and Implementation of UNECE Multilateral Environmental Agreements in South Eastern Europe' (for Belgrade Conference) |
Georgia
| Cherp | - Law on Environmental Protection, [10 December] 1996 [especially Chapter X, Art. 35-41]
- Law on Environmental Permits, [15 October] 1996
- Law on State Environmental Expert Review, [15 October] 1996
|
| Review | - Law on State Environmental Expertise, 1996
- Law on Environmental Permits, 1996
- Law on Licenses and Permits, 2005
- Government Regulation on the Approval of Statute of Rules and Requirements for Issuance of EIA Permits, no. 154, 1 September 2005
- Government Regulation on Rules and Requirements for Issuing EIA Permits, On amendments to the Statute, approved by Regulation no. 154, no. 26, 3 February 2006
- Statute on EIA
|
| Other | CENN Review includes: - Regulation on EIA, Order No. 59 of the Minister of Environment, 16 May 2002
- Regulation on Rules to Carry out State Ecological Expertise, Order No. 85 of the Minister of Environment, 14 August 2003
- Law on the State Complex Expertise and Approval of Construction Projects, 16 April 1999
- Administrative Violations Code and the Criminal Code include liability rules for breaking the EIA regime
|
Kazakhstan
| Cherp | - Law on the Protection of the Environment, 1997
- Law on Environmental Expert Review, 1997
- Tentative Instruction on Procedure of OVOS of Planned Activities, 1993
- Instruction on the Procedure of SER for pre-Project and Project Documentation, 1997
|
| Review | - Law of the Republic of Kazakhstan of 21 October 2000, No. 86-II “On the Adhesion of the Republic of Kazakhstan to the Convention on Environmental Impact Assessment in a Transboundary Context”;
- Law of the Republic of Kazakhstan “On the Protection of the Environment”;
- Law of the Republic of Kazakhstan “On Environmental Expert Review”;
- Law of the Republic of Kazakhstan of 13 December 2005, No. 97 “On Ratification of the Framework Convention for the Protection of the Marine Environment of the Caspian Sea”;
- Instruction on Conducting Assessment of Environmental Impact of Planned Economic and Other Activities for Pre-feasibility, Pre-project and Project Documentation, given effect by Ministerial Order of 28 February 2004, No. 68-P;
- Guidelines on the Application in Practice of the Convention on Environmental Impact Assessment in a Transboundary Context;
- Guidelines on Public Participation in Environmental Impact Assessment in a Transboundary Context;
- Guidelines on the Carrying Out of Environmental Impact Assessment in a Transboundary Context for the Countries of Central Asia.
|
| Other | - Instruction on Conducting EIA of the planned economic and other activities for the pre-feasibility, pre-project and project documentation, approved by Ministerial Order no. 68- П, 28 February 2004
- EIA Rules applied while developing state, sectoral, regional programs of economic development, industrial allocation schemes, Ministerial Order no. 129- П, 9 June 2003
Source: in Ministry of Environmental Protection |
Kyrgyzstan
| Cherp | - Law on Environmental Protection, 1991
- Law on Environmental Expert Review, 1999
- Law on Environmental Protection, [No 53, 16 June] 1999
- Instruction on the Order of Conducting OVOS, 1997
- Instruction on the Order of Conducting SER, 1997
|
| Review | - Law of the Kyrgyz Republic of 12.01.2001, No. 6 “On Ratification of the EIA Convention” in the Kyrgyz Republic;
- Laws of the Kyrgyz Republic “On Environmental Protection” (1999) and “On Environmental Expert Review” (1999);
- “Instruction on Environmental Impact Assessment (EIA) Procedures for Proposed Activities in the Kyrgyz Republic”;
- “Instruction on Procedures for State Environmental Expert Review of Pre-project, Project and other Materials and Documents in the Kyrgyz Republic”.
|
| Other | - Law on Environmental Protection, no. 53, 16 June 1999 (amended, no. 101, 11 June 2003) (Source: Ministry of Ecology and Emergencies)
- Law on Environmental Expertise, no. 102, 11 June 2003 (new version) (Source: in CA-water-info )
- Regulation on State Control for Environment Protection, Rational Use of Natural Resources and Provision of Environmental Safety, Government Resolution no. 295, 25 May 2000 (Source: in CA-water-info )
|
Montenegro
| Cherp | - Law on Environment, 1996
- Government Decree No. 145 on the Assessment of the Environmental Impacts of Projects, 1997
|
| Review | - |
| Other | Law on Environment No. 12/1996, Articles 17-19 for EIA; Regulation on EIA No. 14/1997; Guidance on the content of EIA studies OG No. 21/1997 - see RERep/REC report Legislation on EIA harmonized with the relevant EU directive by adopting the Law on EIA (OJ No. 80/2005) as well as a decree on projects that are subject to the elaboration of an EIA Study with a new list of objects and activities (OJ No. 20/07). Source: 'Acceptance and Implementation of UNECE Multilateral Environmental Agreements in South Eastern Europe' (for Belgrade Conference). SEA was introduced through the SEA Law (2005), transposing requirements of Directive 2001/42/EC, UNECE Protocol on SEA and other sources, especially EU Guidance on SEA Directive implementation. Law on SEA defines the complete SEA procedure, from screening to SEA approval, including public participation and transboundary effects. Source: ibid. Other environmental legislation |
Republic of Moldova
| Cherp | - Law on Protection of the Environment, 1993
- Law on Environmental Expert Review and the Assessment of Environmental Impacts, no. 851-XII, 1996
|
| Review | - Law on Environment Protection (no. 1515-XII), 16 June 1993
- Law on Environmental Expertise and EIA (no. 851-XIII), 29 May 1996
- Regulation on Consultation with Population in the Process of Development and Adoption of Documents on Territorial Development and Urban Construction (no. 951, October 1997)
- Regulation on EIA of Privatised Enterprises (no. 528, April 1998)
- Regulation on Ecological Audit of Enterprises (no. 395, April 1998)
- Regulation on a Joint Expert Commission under the Ministry of Ecology, Construction and Area Development, approved by the Minister, no. 25, 20 December 1998
- Regulation on Public Participation in Elaboration and Decision-Making in Environment Protection Areas (no. 72, 25 January 2000)
- Law on Access to Information (no. 982-XIV), 11 May 2000
- Instruction on the Order of Organization and Conducting State Environmental Expertise (no. 220, 11 September 2002)
|
| Other | - |
Romania
| Cherp | - Law on Environmental Protection no. 137, 1995
- Ministerial Order no. 125 - The permitting procedure for economic and social activities having an environmental impact, 1996
- Ministerial Order no. 278 - Accreditation rules for EIA and environmental audit performance, 1996
|
| Review | Espoo Convention part of Romanian legislation by ratification according to the Law no. 22/2001 This general legal framework is strengthened by the provisions of the EGO no. 195/2005 on environmental protection In order to fully transpose the EIA Directives, the Romanian environmental authorities have issued the GD no. 918/2002 establishing the framework procedure for the EIA and approving the list of private or public projects to which the procedure must be applied, as amended by GD 1705/2004, which contains transboundary provisions that transpose art. 7 of the EIA Directive. The transboundary provisions are within art. 13 of the GD 918/2002, as amended For ensuring full implementation of the Convention, the Ministry of Environment and Water Management has issued the MO no. 864/2002 for the approval of the impact assessment procedure and public participation to the decision making process for the projects with transboundary impact which fully observes the steps of the Convention The national legislation on EIA is additionally ensured by the following normative acts: - Order of the Minister of Waters and Environmental Protection no. 860/2002 (OJ no. 52/30.01.2003) on the approval of the procedure for the EIA and the issuance of the environmental agreement, as amended by MO 210/2004 and MO 1037/2005
- Order of the Minister of Waters and Environmental Protection no. 863/2002 for the approval of the methodology guidelines to be applied to the procedure for EIA (OJ no. 52/30.01.2003)
- Order of the Minister of Environment and Water Management no. 171/2005 on setting-up the technical review committee (TRC) at central level (OJ no 236/22.03.2005) - this order contributed to the capacity - building for transboundary EIA procedure. The TRC is responsible for carrying out the screening, scoping and review stages for big projects (the responsible authorities for these projects are the central ones)
|
| Other | - |
Russian Federation
| Cherp | - Law on Environmental Protection, 1991, 1993
- Regulations "on the Assessment of the Environmental Impacts in the Russian Federation", 1994
- Instruction on Environmental Substantiation of Economic Activities, 1995
- Construction Norms and Rules, SniP 11.01.95, 1995
- Construction Rules SP 11.01.95, 1995
- Federal Law on Environmental Expert Review procedures ("reglament"), 1997
- Regulations on the Assessment of Environmental Impacts, 2000
|
| Review | - |
| Other | - Federal Law on Environmental Expertise (1995), Version FZ-65, 15 April 1998 (Source: Russian REC)
- On Procedure of Organization and Conducting the State Environmental Expertise, Order 648, 27 September 2001, Ministry of Natural Resources
- Law on Environmental Protection, FZ-7, 10 January 2002 (amended 31 December, 2002)
- Urban Planning Code, FZ-191, 29 December 2004 (amended 21 July 2005, 3 June 2006)
- On Organization and Conducting the State Environmental Expertise, Order 30, 14 September 2004 (Rostekhnadzor)
(Source for latter 4 above: Legal Information Consortium «Kodeks» ) Important changes on EIA and environmental expertise 2006-7: |
Serbia
| Cherp | - Environmental Protection Act, 1991
- EIA Regulations, 1992
|
| Review | - |
| Other | Law on Strategic Environmental Impact Assement (OG No. 135/2004) | ENG | Law on Environmental Impact Assement (OG No. 135/2004) | ENG |
Also - Draft Law on Ratification of the Espoo Convention (as of July 2007).
- Laws on EIA and SEA and in accordance with the relevant EU directives.
- Book of Regulations on EIA, including a new List of Objects and Activities.
- Guidelines for the implementation of EIA and SEA.
Law on Strategic Environmental Impact Assessment of Serbia (SEIA Law, 2004) sets out basic conditions, methods and procedures for carrying out strategic assessment (SA). SEIA Law requires SA for certain plans and programmes, which means all development and other plans and programmes and sector master-plans, including their amendments, which are prepared and/or adopted by the national, provincial or local authority, or which are prepared by the competent authority for the purpose of adoption in the appropriate procedure by the assembly or government of Serbia, or the assembly or the executive authority of the autonomous province or self-government units, as well as plans and programmes adopted pursuant to legislation. Source (latter items): 'Acceptance and Implementation of UNECE Multilateral Environmental Agreements in South Eastern Europe' (for Belgrade Conference) Summary of legislation: - Zakon o strateškoj proceni uticaja na životnu sredinu, "Službeni glasnik RS", broj: 135/04
- Zakon o proceni uticaja na životnu sredinu, "Službeni glasnik RS", broj: 135/04
- Uredba o utvrđivanju Liste projekata za koje je obavezna procena uticaja i Liste projekata za koje se može zahtevati procena uticaja na životnu sredinu, "Službeni glasnik RS", broj: 84/05
- Pravilnik o sadržini zahteva o potrebi procene uticaja i sadržini zahteva za određivanje obima i sadržaja studije o proceni uticaja na životnu sredinu, "Službeni glasnik RS", broj: 69/05
- Pravilnik o sadržini, izgledu i načinu vođenja javne knjige o sprovedenim postupcima i donetim odlukama o proceni uticaja na životnu sredinu, "Službeni glasnik RS", broj: 69/05
- Pravilnik o sadržini studije o proceni uticaja na životnu sredinu, "Službeni glasnik RS", broj: 69/05
- Pravilnik o radu tehničke komisije za ocenu studije o proceni uticaja na životnu sredinu, "Službeni glasnik RS", broj: 69/05
- Pravilnik o postupku javnog uvida, prezentaciji i javnoj raspravi o studiji o proceni uticaja na životnu sredinu - "Službeni glasnik RS", broj: 69/05
|
Tajikistan
| Cherp | - Law on the Protection of the Natural Environment, 1993
- Regulation on State Environmental Review (Expertise) No. 156, 1994
- Law on State Environmental Expert Review, draft [see latest - 'other' below ]
|
| Review | - |
| Other | - Law on Environmental Expertise, no 20, 26 April 2003
(Source: UNITAR ) |
The Former Yugoslav Republic of Macedonia
| Cherp | - Law on environment and nature protection and promotion, 1996
- Law on physical and urban planning, 1996
- Guidelines for issuing approval and decision for the use of facilities, 1996
- Law on EIA, draft
|
| Review | Law on Environment, OG no. 53/2005, Chapters X and XI Decree determining the projects for which and criteria on the basis of which the screening for an EIA shall be carried out (OG no. 74/2005). The Minister of Environment and Physical Planning has adopted the following acts: - Ordinance on the content of the requirements that need to be fulfilled by the study on the EIA (OG no. 33/2005);
- Ordinance on the content of announcement of the notification of intention to implement a project, of the decision on the necessity of an EIA, of the study on project EIA, of the report on the adequacy of the study on EIA, and of the decision for approval or rejection of project realisation, and the manner of public consultation (OG no. 33/2005);
- Ordinance on the information contained in the notification of intent to undertake a project and the procedure for establishing the need for EIA (OG no. 33/2005);
- Ordinance on the form, content, procedure and manner of delivering a report on the adequacy of the study on EIA and the procedure for authorisation of persons from the List of Experts of EIA responsible for the preparation of the report (OG no. 33/2005);
- Ordinance on the amount of the expenses covered by the investor for implementation of the EIA procedure (OG no. 33/2005);
- Ordinance on additional criteria, the manner, the procedure and the compensation on expenses for enrolment and withdrawal from the List of experts
Apart from this, there are also other relevant legal acts, containing some articles regarding EIA/SEA and all of them are in accordance with the Law on Environment: - Law on Nature Conservation (OG no. 67/2004)
- Law on Waste Management (OG no. 68/2004)
- Law on Air Quality (OG no. 67/2004)
|
| Other | SEA basic requirements and framework obligations are laid out in the Framework Environmental Law (2005). Detailed procedures have to be set out in bylaws. The Law requires SEA for strategies, plans and programmes, (planning documents in the Law) as well as amendments to such planning documents that are proposed by a body of the state administration and passed by the Government. SEA is to be required for planning documents and their amendments, which do not have to be required by legal regulatory or administrative provisions (more widely than is required by the EC Directive) and which set the framework for future development consent. Source: 'Acceptance and Implementation of UNECE Multilateral Environmental Agreements in South Eastern Europe' (for Belgrade Conference) |
Turkey
| Cherp | (not included) |
| Review | - |
| Other | EIA Regulation, 16 December 2003, OG no. 25318 Council Decision of 23 January 2006 on the principles, priorities and conditions contained in the Accession Partnership with Turkey (2006/35/EC) sets the short-term prioritiesfor Turkey to “continue to transpose and implement the acquis related to the framework legislation, international environmental conventions, and to implement and enforce the amended environmental impact assessment directive”. |
Turkmenistan
| Cherp | - Law on State Environmental Expert Review, 1995
- Law on Nature Protection, 1991
|
| Review | - Law on Nature Protection, 1991
- Law on State Environmental Expertise, 1995
- Regulation on the Order of Conducting the State Environmental Expertise, President’s Decree no. 2864, 13 November 1996
- National Standard 579-2001 “EIA of the planned economic and other activities”
|
| Other | - |
Ukraine
| Cherp | - [Law on] Environmental Protection, 1991
- Law on Environmental Expert Review (Expertise), 1995
- Structure and content of documents on EIA (OVOS) in designing and construction of business, houses and buildings. Main designing principles. DBN A.2.2-1-95, 1995
|
| Review | - |
| Other | From draft national strategy for implementation of the Protocol on SEA (later here): - Law on Environmental Protection, 1991
- Law on Environmental Review, 1992
- Complex state review in Law on introduction of changes in to the Law on investment activity, 1998
- Regulation on the State committee on building and architecture, 2002
- State building norm DBN A.2.2.-3-2004 on the composition and order of the development, agreement and confirmation of the project documentation for building, 2004
- Cabinet Decree on the order of confirmation of the investment programmes and building projects and carrying out of their complex state review, 2002;
- State building norm DBN A.2.2.-1-2003 on the composition and content of the materials of assessment of impacts on environment under designing and construction of enterprises, buildings and constructions, 2003. (Item 1.4 points out that under the development of OVOS materials it is necessary to follow the requirements of the legislation (annex B in DBN), standard DSTU ISO-14001-97 and state building, sanitary and fire fighting norms.)
|
Uzbekistan
| Cherp | - Law on Nature Protection, 1992
- Instruction on the Order of Conducting the State Ecological Expertise, before 1995
- Instruction on the Order of Carrying Out OVOS, before 1995
- Law on State Environmental Expert Review, draft [see latest - 'other' below ]
|
| Review | - |
| Other | - Law on Environmental Expertise, No 73-II, 25 May 2000 (Source: in CA-water-info )
- Regulation on State Environmental Expertise, Resolution of the Cabinet of Ministers no. 491, 31 December 2001 (Source: in CA-water-info )
|