Ivory Coast

Legislation at project level

The constitution of Côte d’Ivoire assures the right to a healthy environment throughout the national territory, and sets the rules for the protection of the environment and sustainable development.

Côte d’Ivoire is a member country of the Economic and Monetary Union of West Africa (UEMOA). In this context, the country has subscribed to the principle of harmonization between the other member countries, as set out in the Common Policy for the Improvement of the Environment (PCAE).



Constitution de la Côte d’Ivoire, articles 27 and 101. http://extwprlegs1.fao.org/docs/pdf/ivc160760.pdf

Click on a process step to learn more

Screening


Screening process
Any project that may have negative impacts on the environment must submit an impact statement to the ANDE. The ANDE indicates whether an ESIA is neede or not.

After receiving the ESIA, the Ministry in charge of the Environment must notify the responsible Authority of its decision.

If the technical administration responsible for authorization considers that the project may have significant negative consequences for the environment, it may request an ESIA as well.

Decret 96-894


Contents of the starting document

The starting document, constat d’impact, contains an inventory of possible impacts of the project.

 

Timeline Screening
30 days

Scoping


Scoping process
The ANDE is responsible for drawing up the Terms of Reference for the ESIA, in consultation with the relevant technical administration.

Decret, article 11 Example of an ESIA which refers to the ToR made by the ANDE: https://www.miga.org/sites/default/files/archive/Documents/ESIA_Azalai_Abidjan_Hotel.pdf (p.21)

 

Timeline scoping
15 days

Study on the harmonization of regulations relating to EE within the WAEMU member states (2014). 

Assessment


Assessment process
the environmental impact study consists of 5 main activities:

  • Identification;
  • Analysis;
  • Evaluation;
  • Corrective actions;
  • Monitoring and follow-up.

Contents of the EIA report
The ESIA includes at least:

  • A description of the proposed activity;
  • A description of the environment likely to be affected;
  • A list of products used where applicable;
  • A description of alternative solutions, if any;
  • An assessment of the potential effects of the activity and of other possible solutions on the environment, including direct, indirect, cumulative effects in the short, medium and long term;
  • The identification and description of the mitigation measures, the effects of the activity and the other possible solutions on the environment, and an evaluation of these measures;
  • An indication of knowledge gaps;
  • An indication of the risks to the environment of a neighboring State due to the activity;
  • A brief summary of the information;
  • The definition of the methods of regular control and monitoring of environmental indicators;
  • A financial estimate of the measures recommended to prevent, reduce or compensate for the negative effects and regular monitoring and control measures.
Code de l’environnement, article 40 http://www.environnement.gouv.ci/img/1472041865codedelenvironnement.pdf

Review


Review expertise
The quality assessment of the ESIA is carried out by an inter-ministerial technical committee which is made up of representatives from the ANDE, Ministries having a link with the project, experts (public / private), and some Ivorian bodies like the Ivorian Anti-Pollution Center.

WAEMU study, (2014) décret n° 96-894

 

Timeline Review
ANDE has 2 months to take its decision on the ESIA.

Decision-making


Integration of ESIA into decision-making
The Minister of the Environment makes the decision to approve the project.


Possibilities for appeal

The contracting authority may appeal to the regulatory authorities or to any other body designated for this purpose, in the event that it deems the decision by the Minister responsible for the environment, ill-founded.

Décret 96-894, Article 19

Follow-up


Compliance monitoring
All projects are subject to control and monitoring to check whether the forecasts are taken into account.

 

Code de l’environnement, article 39.

 

Non-compliance penalties
The ANDE may take corrective measures, if necessary.

Stakeholder engagement


Public participation requirements for ESIA process stages
The project submitted to the ESIA is the subject of a public inquiry. The ESIA is brought to the attention of the public as part of this inquiry.

 

Décret 96-894, article 16.

 

Access to information
The final environmental impact studies are kept by the Minister for the Environment. They can be consulted by scientific institutions, specifically, and in general by any person who requests them.

 

Décret 96-894, article 15.