Sub-title: Limiting the consequences of major accidents through land-use policies and strategic environmental assessment

Country: Portugal

Date: 2016

Category: Policies, Plans, Tools

Tags: Land Use Spatial Plans and Policies, Hazard Zone Mapping, Environmental Assessment (SEA and EIA), Accident Prevention, Guidelines

Organization(s) involved: Portuguese Environment Agency

The details of this good practice can be found at:

The presentation by the Portuguese Environment Agency at the UNECE Joint workshop on land-use planning, the siting of hazardous activities and related safety aspects (13 April 2016, Geneva, Switzerland), found here.

Integrating industrial safety considerations into Environmental Assessment (EIA and SEA), and Public Consultations Across Borders

Sub-title: Integrating industrial safety considerations into environmental impact assessment (EIA) and strategic environmental assessment (SEA) processes, and public participation in a transboundary context

Country: Portugal

Date: 2015

Category: Legislation, Plans, Projects, Transboundary Cooperation

Tags: Industrial Safety, Land Use Plans, Environmental Impact Assessment (EIA), Strategic Environmental Assessment (SEA), Public Participation, Transboundary Cooperation

Organization(s) involved: Portuguese Environment Agency

Summary: 

In Portugal, Decree-Law 150/2015 coordinates the industrial accidents safety considerations under the Seveso III Directive with SEA procedures for land-use planning and EIA procedures regarding the siting of hazardous activities. When new sites or significant changes to existing sites are subject to EIA, the EIA includes a land-use compatibility assessment and information on major accidents. That assessment is included in the environmental report. The competent authority for the Industrial Accidents Convention participates in the assessment commission that evaluates the environmental report, and both decisions are integrated. 

Portuguese legislation provides, in the EIA Decree, the minimum procedures for transboundary consultations for projects likely to have significant environmental impacts vis-à-vis another European Union member State. The results of the consultations held in other member States must be transmitted to the national authorities. 

A bilateral protocol between Portugal and Spain exists since 2008 to simplify the formalities, allowing direct transmission of documents and data to the national competent authorities, in parallel with the formal communications by the foreign ministries. 

In the SEA procedure, and according to the Decree-Law 232/2007, the entities consulted depend on the specific plan and the potential effects of its application. If a land-use plan includes areas where hazardous activities are located, the Portuguese Environment Agency is consulted regarding industrial accidents. In this regard, guidance related to the integration of major accidents prevention in the SEA of land-use municipal plans is available, in Portuguese.

The SEA Decree sets out procedures for carrying out transboundary consultations for plans or programmes likely to have significant environmental transboundary effects. The consultation outcomes are transmitted to the competent national authorities. Portugal also participates in the SEA of other States when their plans and programmes are likely to have significant environmental effects in Portugal. The Portuguese Environment Agency is consulted for Spanish plans and programmes, and the results are transmitted to the Spanish authorities.

The consultations’ outcomes are included in the environmental report and the plan or programme.

Further details: See the UNECE Guidance on Land-Use Planning, the Siting of Hazardous Activities, and Related Safety Aspects (2017), Chapter III, Box 4

For information about the EIB and UNECE Information Repository of Good Practices and Lessons Learned in Land-Use Planning and Industrial Safety and to access case studies from other countries, please visit the navigation page.