3.2.2.2. Scoping
Where an EIA is required, the developer shall prepare and
submit an EIA report. This report shall include the minimum information as
listed in Article 5 (a to f). Where an opinion is issued about the description
of the project, the EIA report shall be based on that opinion, and include the
information that may reasonably be required for reaching a reasoned conclusion
on the significant effects of the project on the environment, taking into
account current knowledge and methods of assessment (Article 5(1)).
Where requested by the developer, the CA, taking into account
the information provided by the developer in particular on the specific
characteristics of the project, including its location and technical capacity,
and its likely impact on the environment, shall issue an opinion on the scope
and level of details of the information to be included by the developer. The CA
shall consult the authorities likely to be concerned by the project by reason
of their specific environmental responsibilities or local and regional
competences before it gives its opinion (Article 5(2)).
3.2.2.3. Realisation of the EIA
After the scoping is completed and the ToR are defined, the
developer carries out the EIA and submits the EIA report as required by Article
5 and other provisions of the directive related to the public participation or
trans-boundary issues to the CA.
3.2.2.4. Assessment and Evaluation of the EIA
Prior to the assessment and evaluation of the process, some
requirements are set to ensure the completeness and quality of the
environmental impact assessment report. Among those requirements:
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y' the developer shall ensure that the environmental impact
assessment report is prepared by competent experts;
y' the CA shall ensure that it has, or has access as necessary
to, sufficient expertise to examine the environmental impact assessment report;
and where necessary, shall seek from the developer supplementary information,
in accordance with Annex IV, which is directly relevant to reaching the
reasoned conclusion on the significant effects of the project on the
environment;
y' Member States shall, if necessary, ensure that any
authorities holding relevant information make this information available to the
developer.
As the requirements mentioned above are made, the competent
authority assesses and evaluates the EIA report to decide about the granting or
refuse of the development consent.
3.2.2.5. Project Appraisal
When the results of consultations and the information required
in Articles 5 to 7 are gathered and submitted by the developer, the CA has to
decide about the granting or refuse of the development consent within a
reasonable period of time (Article 8a (5)).The decision of grant or refuse of
the development consent by the CA shall incorporate at least:
y' A reasoned conclusion on the significant effects of the
project on the environment, taking into account the results of the examination
of the information presented in the EIA report and any supplementary
information provided by the developer or through the public consultation;
y' Any environmental conditions attached to the decision, the
features of the project and/or mitigation measures envisaged, if possible,
offset significant adverse effects on the environment as well as, where
appropriate, monitoring measures.
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