An environmental impact assessment is a mandatory procedure for projects with significant environmental impact: the Environmental Assessment Code determines which activities are subject to assessment, of what stages the process consists, and how society participates. This page is a procedural guide for the client before the Agency — from the scoping application to the preparation of the report and the public discussion of the project.
Which Activities Are Subject to Assessment
Assessment covers the activity provided for by Annex I of the Code, as well as that activity of Annex II which, on the basis of a decision adopted under the screening procedure, becomes subject to assessment. Such an activity may be carried out only after the adoption of an environmental decision, and a licence or permit dependent on it enters into force only after that decision — a licence cannot establish conditions contrary to the environmental decision.
The Main Stages
The main stages of the assessment are: the scoping procedure; the preparation of the assessment report by the person carrying out the activity or by a consultant; the participation of society; the evaluation by the Agency of the information reflected in the report and of the information received during consultations; the conduct of an expertise; and, where necessary, the transboundary impact assessment procedure. After the completion of the stages, the Agency issues an environmental decision or refuses to permit the activity.
The Scoping Application and the Deadlines
The person carrying out the activity is obliged, at as early a stage of planning as possible, to submit to the Agency an application for the issuance of a scoping conclusion together with a scoping report. Within 5 days of the registration of the application, the Agency ensures its placement on the information board of the municipality and on the environmental portal; in an accelerated proceeding this period is 1 day. The formal compliance of the submitted documentation is checked within 5 days of registration, and by the accelerated procedure — within 3 days.
Society has the right to submit comments and remarks concerning the scoping report within 15 days of the placement; the Agency examines them and takes them into account where a respective ground exists. The public discussion of the scoping report is held no earlier than the 10th and no later than the 15th day after placement, and information about it is published no later than 10 days before it is held. The scoping conclusion is issued under the procedure of the corresponding chapter of the General Administrative Code.
The Assessment Report and Society
After the approval of the scoping conclusion, the report is prepared by the person carrying out the activity or a consultant, and the costs of preparation are borne by that person. The report must be signed by the persons who participated in its preparation, including the consultant; the report and the information about the preparers are public. The report covers the description of the activity and the site with geospatial coordinates, the physical characteristics, the possible emissions and waste, the alternatives and the mitigation measures.
In planning the procedure, a client should also bear in mind that the scoping conclusion determines the boundaries of the content of the report: the more precisely the boundaries are defined at the scoping stage, the lower the risk of reworking the report at later stages. The organisation and conduct of the discussion are the responsibility of the Agency, and the public discussion is held in the administrative organ closest to the place of the planned activity — which means that the position of the local community actively enters the procedure and requires timely communication. The forms of public participation are likewise defined: comments may be submitted in writing, orally during the public discussion, or electronically where the means allows reliable identification of the author. The public discussion is open and any person has the right to participate; during an epidemic, the discussion is held remotely or in a hybrid format.
Frequently Asked Questions
When is an assessment required?
For an Annex I activity always; for Annex II — by a screening decision.
What is scoping?
The stage of defining the boundaries of the report — by an application and report, a public discussion and a conclusion of the Agency.
How long does scoping take?
Placement occurs within 5 days, comments may be submitted within 15 days, and the public discussion is held between the 10th and the 15th day.
Who prepares the report?
The person carrying out the activity or a consultant, at that person's expense; the report is public.
How We Help on Legal.ge
The lawyers of Legal.ge accompany the assessment procedure from the first step: we verify the subjection of the project, prepare the scoping application, align the content of the report with the requirements of the Code and represent the client at public discussions. Contact us — we will plan the procedure so that both the project schedule and the legal risks are managed.