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CIPSEM - Centre for International Postgraduate Studies in
Environmental Management
40th INTERNATIONAL POSTGRADUATE COURSE ON
ENVIRONMENTAL MANAGEMENT FOR DEVELOPING AND EMERGING COUNTRIES
FINAL PAPER
TITLE: ADDRESSING CLIMATE CHANGE THROUGH
ENVIRONMENTAL ASSESSMENT TOOLS IN PLANNING PROCESSES:
INTERNATIONAL PRACTICES AND PERSPECTIVES FOR NIGER
AUTHOR: MR. MOUSSA LAMINE
COUNTRY: NIGER
SUPERVISOR: PROF. DR. JOCHEN SCHANZE
DATE: JULY 2017
ABSTRACT
The occurrence of global climate change (CC) particularly in
developing countries is fully confirmed by the Fifth Assessment Report (AR5) of
the Intergovernmental Panel on CC (IPCC) published in 2013/2014 and human
activities are the main causes of observed changes in climate today. The nature
and type of development that occurs, has implications on greenhouse gas (GHG)
emissions as well as the vulnerability of society to CC impacts. Therefore, it
has been widely recognised that there is a need to integrate consideration of
CC and its impacts in development policies, plans and programmes (PPP).
Nowadays, many countries have developed legislations on environmental
assessments tools mainly Environmental Impact Assessment (EIA) and Strategic
Environmental Assessment (SEA) which integrate CC in the assessment of PPP.
This paper assesses first the integration of CC in the European Union Directive
on EIA, the European Union Directive on SEA and the Niger's Legislation on EIA
and second compares the EIA procedure in European Union and in Niger. The
latter considers as main criteria the integration of CC in five key steps of an
EIA procedure. A literature review on the relationships between CC and the
environmental assessment tools, including the relevance of the integration of
CC in EIA and SEA and how this topic is currently addressed worldwide is
carried out. The study reveals that Niger Legislation on EIA does not provide
any requirement regarding CC mainstreaming in EIA process in the five steps
considered for the comparison while the EU Directive on EIA requires
consideration of CC in the three steps even though it does not provide any
specific requirement regarding CC in the project appraisal and the project
monitoring steps.
Keys words: climate change,
environmental assessment, European Union, Niger.
II
LIST OF FIGURES AND TABLES
Figure 1: Guidance on Incorporating CC considerations in EIA
8
Figure 2: Modifications of the Environmental Assessment
Procedure to Address CC Adaptation
Considerations 10
Figure 3: Administrative Procedure of Environmental Impact
Assessment in Niger 14
Figure 4: The EU EIA Procedure According to Directive 2014/52
19
Table 1: Comparison of EU EIA Directive and Niger Ordinance
97-001 on EIA and its Decree 2000-397 on
Administrative Procedure 23
Table 2: Actions to be carried out for the Implementation of
the Recommendations 28
III
ACKNOWLEDGEMENTS
This final paper would not have been possible without the help
of many institutions and people whom I would like to thank warmly. The honor
comes first to UNEP/UNESCO/BMU for giving me an opportunity to be part of the
40th International Postgraduate Course on Environmental Management for
Developing and Emerging Countries.
I would like also to thank the dynamic CIPSEM staff for their
assistance, availability and efforts made to achieve the educational objectives
of our training course.
I express my profound gratitude to my supervisor, Professor
Dr. Jochen Schanze for having accepted and supervised me and also directed the
conduct of this work.
Thanks to all my lecturers from various institutions in
Dresden and abroad who inspired me with their many lectures and excursions and
to all the institutions that accepted us in their premises for excursions.
I would like to thank my home organisation, the General
Directorate of Environment and Sustainable Development of Niger for allowing me
to attend this course and my family for its patience during my stay in
Dresden.
Finally, thanks to all my fellow course participants for their
openness and brotherhood/sisterhood spirit and moral support.
iv
TABLE OF CONTENTS
ABSTRACT i
LIST OF FIGURES AND TABLES ii
ACKNOWLEDGEMENTS iii
TABLE OF CONTENTS iv
LIST OF ACRONYMS vi
1. INTRODUCTION 1
1.1. Background 1
1.2. Problem Statement 2
1.3. Objectives 3
1.4. Approach 3
2. RELATIONSHIP BETWEEN CLIMATE CHANGE AND ENVIRONMENTAL
ASSESSMENT TOOLS IN
PLANNING PROCESSES 5
2.1. Description of Relevant Concepts 5
2.1.1. Climate Change 5
2.1.2. Environmental Assessment 5
2.1.3. Public Participation/ Public Involvement 6
2.2. Relevance of Mainstreaming Climate Change in Environmental
Assessment Procedures 6
2.2.1. Climate Change in Strategic Environmental Assessment 6
2.2.2. Climate Change in Environmental Impact Assessment 7
3. INTEGRATION OF CIMATE CHANGE ISSUES IN ENVIRONMENTAL
ASSESSMENTS TOOLS IN
NIGER AND EUROPEAN UNION COUNTRIES 11
3.1. Assessment of Niger Legislation on Environment Impact
Assessment 11
3.1.1. History of Environmental Assessment (EA) Procedure in
Niger 11
3.1.2. EIA Procedure in Niger 11
3.1.2.1. Project Notification 11
3.1.2.2. Screening 12
3.1.2.3. Scoping 12
3.1.2.4. Realisation of the EIA 12
3.1.2.5. Review of Impact Assessment Report 12
3.1.2.5.1. Internal Review 12
3.1.2.5.2. External Review 13
3.1.2.6. Authorisation of Project 13
3.1.2.7. Monitoring Conditions 13
3.1.3. Public Participation 15
3.1.4. Climate Change in Niger EIA legislation 15
3.1.5. EIA Procedure Limits 15
3.1.5.1. Inadequate Public Participation 15
3.1.5.2. Environmental Monitoring Missions Funded by the Project
Developer 15
3.1.5.3. Ambiguity Related to the Scope of the EIA as a Tool
15
3.1.5.4. Failure to Categorise Projects Subjugated to EIA 16
3.2. Assessment of the European Union Directive on Environmental
Impact Assessment 16
3.2.1. Presentation of the Environmental Impact Assessment
Procedure in EU 16
3.2.2. EU Environmental Impact Assessment Procedure 16
3.2.2.1. Screening 17
3.2.2.2. Scoping 17
3.2.2.3. Realisation of the EIA 17
3.2.2.4. Assessment and Evaluation of the EIA 17
3.2.2.5. Project Appraisal 18
3.2.2.6. Determination of Monitoring Conditions 18
3.2.3. Public Participation in EU EIA Procedure 20
3.2.4. Climate Change in EU Directive on EIA 20
3.3. Assessment of the European Union Directive on Strategic
Environmental Assessment 21
3.3.1. Limits of the EU SEA Directive 21
4. COMPARISON OF ENVIRONMENTAL IMPACT ASSESSMENT PROCEDURE IN
EUROPEAN UNION
(EU) AND NIGER 22
4.1. Criteria for Comparison 22
4.2. Results 22
4.3. Discussions 24
5. CONCLUSIONS AND RECOMMENDATIONS 24
ACTION PLAN FOR THE IMPLEMENTATION OF THE RECOMMENDATIONS 26
References: 29
LIST OF ACRONYMS
BEEIA: Bureau of Environmental Evaluation and
Impact Assessment
CA: Competent Authority
CARICOM: Caribbean Community
CC: Climate Change
CNEDD: Conseil National de l'Environnement
pour un Développement Durable
COP: Conferences of Parties
DAC: Development Assistance Committee
EIA: Environmental Impact Assessment
ESMP: Environmental and Social Management
Plan
EU: European Union
GDP: Gross Domestic Product
GHG: Greenhouse Gas
IFAD: International Fund for Agricultural
Development
INS: Institut National de la Statistique
IPCC: Intergovernmental Panel on Climate
Change
MESU/DD: Ministère de l'Environnement,
de la Salubrité Urbaine et du Développement Durable
NEPA: National Environmental Policy Act
OECD: Organisation for Economic Co-operation
and Development
PPP: Policies, Plans and Programmes
SEA: Strategic Environmental Assessment
ToR: Terms of References
UNCEA: Commission Economique des Nations
Unies pour l'Afrique
UNFCCC: United Nations Framework Convention
on Climate Change UNDP: United Nations Development
Programme
WB: World Bank
1
1. INTRODUCTION 1.1. Background
Climate change (CC) is a main concern worldwide at the level
of governments, communities, and businesses due to rising understanding of
possible CC impacts on trade, security, ecosystems, and the well-being of
humans and other species. In addition, the occurrence of global CC particularly
in developing countries is fully confirmed by the Fifth Assessment Report (AR5)
of the Intergovernmental Panel on CC (IPCC) published in 2013/2014 and human
activities are the main causes of observed changes in climate today (Ogbonna
and Albrecht, 2015). Such anthropogenic influences that contribute to CC
include the burning of fossil fuels, the combustion of biomass, agriculture,
and deforestation. Globally, awareness of CC and impact and risk research have
increased in recent times. As a result, there are several actions from many
stakeholders in the public and private sectors especially at the national and
local levels that focus on understanding the challenges that besiege CC issues
and reducing the associated effects (Hallegatte et al., 2011).
CC also poses a serious challenge to economic development. The
nature and type of development that occurs has also implications for greenhouse
gas (GHG) emissions as well as the vulnerability of society to CC impacts.
Therefore, it has been widely recognised that there is a need to integrate
consideration of CC and its impacts in development policies and projects
(Agrawala et al., 2010).
In Niger, the issues of the environment are governed by many
legal documents such as the Constitution of November 29th, 2010 and the Law
98-56 of December 29th, 1998 that outline the role that government and
non-government institutions should play in the environmental management. Niger
has also signed numerous international environmental agreements. In response to
the adverse effects of CC, Niger signed and ratified the United Nations
Framework Convention on CC (UNFCCC) on June 11th, 1992 and July 25th, 1995 and
the Kyoto Protocol on December 1996 and March, 2004 (MESU/DD, 2015)
respectively and signed the Paris Agreement on CC in 2016.
For the implementation of the UNFCCC, Niger created the
National Council of Environment for Sustainable Development (CNEDD in French)
in 1996 to coordinate and monitor the national policy of environment and
sustainable development. The CNEDD has prepared the first and the second
national communications to the Conferences of Parties (COP) respectively in
2000 and 2009 and elaborated the National Action Programme for Adaptation to CC
in 2005 to reduce harmful effects of CC in line with the UNFCCC requirements
(UNDP, 2013).
2
In addition, since 2011, the integration of CC becomes a
requirement in planning processes as stated by the Decree 2011-057 of January
2011 (article 3)1: `'the CNEDD should ensure that CC and adaptation
dimensions are integrated in the development policies, strategies and
programmes».
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