Arend Kolhoff
Technical sectretary
Environmental Assessment has been firmly in place in Egypt since the late nineties. Institutional, administrative and regulatory details for ESIA are comprehensive, and a range of sectoral ESIA guidelines is available. The Egyptian Environmental Affairs Agency (EEAA) oversees the ESIA system, but sectoral ministries and governing bodies are the competent administrative authorities for ESIA. There are no formal provisions for SEA.
ECA, 2005, Review of the Application of Environmental Impact Assessment in Selected African Countries
The ESIA procedure is dependent on the classification of the project in category A, B or C, ranging from little to adverse environmental impact.
Procedure
Scoping is not a obligatory stage in the ESIA procedure.
EIA guidelines, 2009
Screening process
Screening is a legally required step. Four categories of projects are distinguished:
The Competent Administrative Authority (CAA) receives the application documents and officially notifies the proponent about the screening decision.
Special cases
Some projects need to be classified differently, these include:
Contents of the starting document
The application document (screening form A) for Category A projects need to contain information on:
For Category B projects (screening form B) require more information. In addition to the above:
a) impacts on the air quality
b) impacts on quality and availability of water
c) impacts on soil quality and fertility
d) visiual impacts
e) noise impacts
f) other significant impacts
g) description of other measures
h) measures undertaken to protect the health and safety of workers and fire prevention facilities.
For Category C projects a screening form does not exist.
EIA guidelines, 2009.
Timeline Screening
The EEAA reviews the application of all three categories of projects within 30 days. There is however no information on the maximum number of days for the CAA to process the application documents to the EEAA and communicate the outcome of the screening decision.
Scoping process
A formal scoping phase resulting in a scoping decision does not exist.
Assessment process
Category B and C projects need to cover environmental, economic, technical as well as landuse and socio-culture aspects.
Contents of the ESIA report
Only for category C projects a table of contents for the ESIA study is provided:
Review process
The CAA or the licensing body receives the EIA report (category B and C projects) and registers and executes an administrative compliance check. After a positive check, CAA sends the EIA report to EEAA for the technical review.
The EEAA submits its advice to the CAA or the licensing authority and the CAA communicates it to the proponent.
EIA guidelines, 2009.
Review expertise
EEAA uses internal reviewers and independent consultants for the review process from the Egyption universities and research centres.
In case of a complex project, an independent review committee can be established.
EIA guidelines, 2009.
Timeline Review
The EEAA has 30 days to evaluate whether the project was correctly classified and review the quality of the EIA report.
The outcome can be the following:
Integration of ESIA into decision-making
The CAA’s are responsible for project approval.
Based upon the review of the EIA report the EEAA decides on environmentally acceptability of the project. EEAA formulates conditions for project license to be approved by the CAA.
EIA guidelines, 2009.
Timeline decision-making
No information
Possibilities for appeal
The proponent can appeal the EIA approval decision by the EEAA. The proponent should make an objection within 30 days to the Permanent Appeal Committee. This commmittee consists of a representative form the EEAA, the proponent or attorney, a representative of the licensing body, three experts selected as members for three years.
Compliance monitoring
For category B and C projects an Environmental Management Plan needs to be part of the ESIA study consisting of:
Before the CAA grant the operation license, they review the requirements that the facility should abide to and undertake a field visit to check the compliance with the EIA approval conditions.
The EEAA is mandated to follow up entries in the register kept by the proponent to ensure that it conforms to the facts, to take samples as required and to conduct appropriate tests to determine the impact of the activities on the environment and the extent of its compliance with the conditions.
EIA guidelines, 2009.
Non-compliance penalties
In case of violation of the environmental conditions the EEAA notifies the CAA to direct the owner of the establishment to rectify the violations. If the owner fails to comply within 60 days EEAA is entitled, in agreement with the CAA, to take legal and judicial procedures, such as halting the violating activity until compliance is ensured again.
Public participation requirements for ESIA process stages
Public consultation is only mandatory for category C projects. Consultation has to be undertaken during the scoping phase and after the preparation of the draft ESIA.
The proponent needs to prepare a public consultation plan before the start of consultation. The proponent will meet EEAA to discuss this plan.
During the scoping phase either individual meetings or unified meetings can be organised. The stakeholder are informed about the project and the aspects to be addressed in the study. Results are discussed with EEAA and taken into account for defining the content of the assessment.
Public participation during the review phase takes place as a hearing session which involves representatives of all concerned parties. The participants will receive an executive summary of the study 15 days before the session. During the meeting, the results of the study and the mitigation measures are presented. A discussion follows where objections can be made regarding the presented mitigation measures.
The EIA report has a separate chapter on public participation. It should include:
Also documentation of the public meetings have to be attached to the ESIA report.
EIA guidelines, 2009.
Timeline for public comments
Not specified
Access to information
For category B and C projects the EIA report will be published on the website of EEAA.