Environmental İmpact Assessment (EIA)

The environmental impact assessment (EIA)

The environmental impact assessment is used to determine at an early stage and very thoroughly what effects a private or public project may have on the environment. These impacts are then described and assessed.

The results of the assessment are made available to the authority that grants or does not grant approval for a project, depending on the overall constellation.

The purpose of the assessment is to protect the environment and to take into account the long-term effects of a project.

Procedure for an environmental impact assessment (EIA)

1. determining whether there is an obligation to carry out an EIA for a project.

2. the scope of the EIA is determined. What exactly does the project involve and what exactly has to be examined, where and how?

3. an assessment report on the EIA is drawn up, which contains an analysis of the potential environmental hazards.

4. the public is informed and involved in the decision-making process

5 The competent authority makes a decision on whether to approve the project.

6. the decision is then published with reasons.

Once the decision has been published, implementation of the project can begin if approval is granted. However, it is advisable to wait for possible legal action.

If, on the other hand, a decision is made not to grant approval, the reasons for this must be examined very carefully. It often contains indications as to whether a weakened or modified project might have a better chance of being approved. The next step could therefore be to modify the original project so that it can no longer have a negative impact on the environment.

When is an environmental impact assessment (EIA) carried out?

The EIA is part of a decision on a project. There are projects for which an EIA must always be carried out and those for which a preliminary assessment determines whether an EIA should be carried out.

Projects can be, for example, the construction of a wind turbine farm with three wind turbines taller than 50 m or the construction of a plant where wood is processed into pulp.

The Environmental Impact Assessment Act (UVPG) contains a list of all "projects subject to EIA" in Annex 1. It indicates which projects always require an EIA and which projects require a preliminary assessment.

Legal basis for an EIA

EU Directive 2014/52/EU sets out the requirements for environmental impact assessments for certain public and private projects. Their implementation has been regulated in the Environmental Impact Assessment Act (UVPG) since 1990. This also contains rules for determining in which cases an EIA must take place, as well as the necessary EIA steps, including the necessary public participation.

The engineer and lawyer Donato Muro points out that, in addition to the EIAA, more specific rules and regulations are also defined in individual specialist laws, such as the Atomic Energy Act (AtG) for nuclear procedures.

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Environment to be protected

The EIA examines and assesses how your project will directly affect the environment and how it may affect it in the future.

When it comes to the details, "environment" is often too general and intangible for many people.

The Environmental Impact Assessment Act (UVPG) divides the environment somewhat more precisely into protected goods, i.e. everything that is considered worthy of protection and must be taken into account in the assessment.

According to this, people are part of the environment, or more precisely, human life and health. Overall, it is not just about nature, but about everything that surrounds your project and could be affected by its impact.

Other protected goods include the following as the basis for human life and health

• the water,
• the land and the soil,
• the landscapes,
• the climate and the air
• plants, animals and biodiversity

as well as cultural heritage and other material assets.

For example, a structure built by our ancestors, which was important for the development of today's civilization, such as an aquaduct of the ancient Romans, is also considered, as is a natural spring with rock spring water.

The protected assets themselves are all in constant interaction with each other. These can be very sensitive and are therefore also taken into account. For example, polluted air damages soil, water, animals, plants and people. Damage to water bodies also harms animals, plants and humans.

Public participation

Public participation is a very important element of the EIA. One reason for this is that part of the EIA is precisely the assessment of the impact of a project on people and human health and each affected party can speak for themselves here. On the other hand, it also serves to determine, in a public discourse with citizens, whether public acceptance is sufficient for approval.

One factor here is that individual complex approval procedures can drag on for years and decades, during which time priorities and values may have shifted significantly in public opinion. This was clearly the case after the disruptions at the Fukushima nuclear power plant, for example.

The public is informed of the opening of a procedure and of the opportunities for participation. These are, for example, inspection of the EIA documents and written communication of one's own opinion to the authority.

The documents are published. Objections to the contents of the EIA report can be submitted to the authority for the record or in writing. All objections received can be discussed at a hearing, if such a hearing is scheduled.

The final decision is then published together with the statement of reasons and also displayed.

Advice on environmental impact assessment (EIA)

Environmental impact assessments have been part of the law since 1990. However, climate change has brought the issue of environmental impact to the forefront of people's minds. More and more potentially serious effects of environmental pollution are becoming noticeable for everyone.

The legal requirements, meaning and purpose of an environmental impact assessment should be clear to every entrepreneur.

Sicherheitsingenieur.NRW provides you with competent and comprehensive advice on the subject of environmental impact assessments (EIA). The engineer and lawyer Donato Muro, LL.M. Compliance and Corporate Security, is available to you with his very extensive knowledge and will go through the specific significance of the topic for you and your company together with you if your company is active in one of the following areas:

• Architect's offices
• Construction companies
• Chemical or petrochemical plants
• Craft enterprises
• Engineering firms
• Recruitment agencies
• Manufacturing industry
• and similar

Please feel free to make an appointment with us.