Joyce Kortlandt
Technical sectretary
Guinea’s Environmental Code of 1987 first introduced ESIA in the country. The procedure was then elaborated in a decree issued in 1989, and in 2013 a General Guide for the Realisation of ESIAs was adopted by ministerial decision.
In 2019, this was followed by a long-awaited revision of the Environmental Code. This Code introduced SEA into the legal framework, although it did not provide any procedural information for that instrument.
Early 2022, a semi-autonomous Agency for Environmental Assessment (AGEE) was created. In July 2022, the environment ministry published a new procedure for environmental assessment, which provides an update on ESIA and adds SEA requirements. Guinea distinguishes between Detailed ESIA for high-impact projects (category A) and Simplified ESIA for projects with less impact (category B). The AGEE manages the procedure with a Comité Technique d’Analyse Environnementale (CTAE) – an ad hoc committee with representatives of ministries and NGOs.
Code-de-lEnvironnement-du-04-juillet-2019-1.pdf (medd-guinee.org) Arrêté A/2022/1646/MEDD/CAB/SGG portant procédure administrative d’évaluations environnementalesThe 2019 Environment Code first introduced SEA in Guinea. Subsequently, in July 2022, a ministerial Arrêté was published that provides procedural requirements.
Code-de-lEnvironnement-du-04-juillet-2019-1.pdf (medd-guinee.org) Chapter 1, Arrêté A/2022/1646/MEDD/CAB/SGG portant procédure administrative d’évaluations environnementales.SEA in Guinea is applied to any policy, strategy, plan, programme or project consisting of multiple sub-projects (from now on: PPP), of which the exact locations are not yet known and which may have environmental and social impacts.
SEA aims at a better consideration of environmental and social concerns in decision making, including on climate change, biodiversity loss, security, health, preservation of the living environment, and pollution control. SEA also aims to look at cumulatif impacts and to respect the principles of sustainable development. If applicable, she defines social and environmental conditions for projects that result from the PPP it is applied to.
The SEA procedure includes the following steps:
Screening process
The proponent must submit to MEDD a written Declaration of notice of the intention to develop a PPP, including a request that an SEA be realised.
Upon receiving the Declaration, the AGEE proceeds to do the screening, to decide whether an SEA is required or not.
Article 7 & 8, Arrêté A/2022/1646/MEDD/CAB/SGG portant procédure administrative d’évaluations environnementales.
Timeline Screening
Within 15 working days upon receiving the screening advice from the AGEE, the MEDD informs the proponent of its decision.
Note: it is not indicated how long the AGEE can take for the screening itself.
Article 8, Arrêté A/2022/1646/MEDD/CAB/SGG portant procédure administrative d’évaluations environnementales.
Scoping process
Upon receiving the positive screening decision from the MEDD, the proponent is required to develop a ToR for the SEA and submit it to the MEDD.
The AGEE evaluates the quality of the scoping report and ToR and advices the MEDD, who signs and transmits his decision to the proponent within 15 working days.
Note: it is not indicated how long the AGEE can take for the evaluation itself.
Article 9, Arrêté A/2022/1646/MEDD/CAB/SGG portant procédure administrative d’évaluations environnementales.Documenting results
The SEA study results in an SEA report, to be submitted to the MEDD for review and decision making.
Content of the SEA report
The minimum requirements for the contents of the SEA include:
Review process
AGEE is responsible for the review of the SEA report, with the help of the Technical Comittee for Environmental Analysis (CTAE).
Costs related to the review are for the proponent.
Article 11, Arrêté A/2022/1646/MEDD/CAB/SGG portant procédure administrative d’évaluations environnementales.Timeline review
The final SEA report, integrating the comments and observations of the CTAE, is submitted to the MEDD, which then has 14 working days to take its final decision.
Note that no timeline is provided for the review itself.
Article 11, Arrêté A/2022/1646/MEDD/CAB/SGG portant procédure administrative d’évaluations environnementales.
SEA and planning decision-making
The arrêté does not provide information on SEA and decision making on the PPP.
Projects that follow from PPP for which an SEA is done, are still required to undergo the appropriate environmental assessment to obtain authorisation.
Article 14, Arrêté A/2022/1646/MEDD/CAB/SGG portant procédure administrative d’évaluations environnementales.
Monitoring and evaluation
Once the SEA report is approved by the MEDD, an agreement (‘convention’) is prepared to deliver the environmental authorisation. Follow-up of the convention is assured by the AGEE.
The ESMP becomes the directive for the proponent to follow. He is required to submit periodical reports to the AGEE. The AGEE and MEDD follow the ESMP, where the AGEE reports to the MEDD on the follow-up.
Article 11 & 13, Arrêté A/2022/1646/MEDD/CAB/SGG portant procédure administrative d’évaluations environnementales.