3.2.2.6. Determination of Monitoring Conditions
In the case the development consent is granted the CA shall
determine the procedures regarding the monitoring of significant adverse
effects on the environment and sets the type of parameters to be monitored and
the duration of the monitoring which shall be proportionate to the nature,
location and size of the project and the significance of its effects on the
environment. Existing monitoring arrangements resulting from EU legislation
other than this directive and from national legislation may be used if
appropriate, with a view to avoid duplication of monitoring (Article 8a).
Figure 4: The EU EIA Procedure According to Directive
2014/52
Request for development consent
Project of Annex I
No screening
Scoping
Project of Annex II
Screening
Realization of EIA
Assessment &evaluation of the EIA
report
Project Appraisal
Project rejection
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Monitoring conditions
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3.2.3. Public Participation in EU EIA Procedure
The directive provides that the public concerned shall be
given early and effective opportunities to participate in the environmental
decision-making procedures and be entitled to express comments and opinions
when all options are open to the CA before the decision on the request for
development consent is taken (Article 6(4)). Moreover, the determination made
by the CA shall be available to the public.
Pursuant to Article 6(2), the public shall be informed
electronically and by public notices or by other appropriate means, of the
following matters early in the environmental decision-making procedures:
y' the request for development consent;
y' the fact that the project is subject to an EIA procedure
and, where relevant, the fact that Article 7 applies(if another member state is
concerned);
y' details of the CA responsible for taking the decision,
those from which relevant information can be obtained, those to which comments
or questions can be submitted, and details of the time schedule for
transmitting comments or questions;
y' the nature of possible decisions or, where there is one,
the draft decision; y' an indication of the availability of the information
gathered and submitted to the CA;
y' an indication of the times and places at which, and the
means by which, the relevant information will be made available;
The time-frames for consulting the public concerned on the EIA
report shall not be shorter than 30 days (Article 6 (7)). If the project is
likely to have significant effects on the environment in another Member State,
the public participation mechanisms detailed in Article 7 of the directive
shall be applied.
When a decision to grant or refuse development consent has
been taken, the CA shall promptly inform the public and the authorities likely
to be concerned by the project (Article 9). He shall make available the
following information:
y' the content of the decision;
y' the main reasons and considerations on which the decision
is based, including information about the public participation process( summary
of the results of the consultations and the information gathered; and how those
results have been incorporated or otherwise addressed) and the comments
received from the other affected Member State if it is the case.
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