Yemen

Screening process
EPA makes the screening decision, in consultation with the competent authority of the project. The decision on the screening lists themselves (i.e. standards, criteria, specifications) are formulated and approved by the Cabinet.

Screening is based on contents of ESIA by-law which clearly states:

• which areas are considered of high value, requiring a (preliminary) ESIA for any activity in that area;
• which activities are considered potentially harmful to the environment and therefore requiring and ESIA;
• below what capacity or size the requirement for an ESIA for any particular activity can be dispensed with. ESIA should also be obligatory for existing facilities with plans for major expansions (e.g. 25% of capacity), if a new facility of this kind would be eligible for ESIA.

Sensitive areas
There are specific requirement formulated for protected areas. The EPL provides for the formulation of a list of special environmentally sensitive areas and locations by the cabinet. Projects with likely effects to such areas as historical and archaeological places, wetlands, coral islands, natural protected areas, and public parks require full EIA. (Confirm with EPA.)

Timeline Screening
Within 24 working days after receipt of necessary information. In case of the need for additional information, the screening procedure starts when this additional information is received.

Scoping process
Scoping is advised, but not mandatory.

EPA in collaboration with specialists and responsible authority prepare a scoping report (incl. Terms of Reference), which is submitted to the competent authority. Communication between project proponent and EPA does not occur directly but goes through the competent authority, unless EPA requires specified information about the project.

Contents of the scoping document
Not specified.

Timeline scoping
Between six weeks and three months.

Assessment process
Assessment is on the basis of the scoping report (including the Terms of Reference). The EPA distributes free copies of the EIS to stakeholders. The report is available to the public for printing at their own costs. Governments have to respond with comments to the EPA, otherwise it is assumed that they agree. The EIS can be returned to the project proponent with additional advices and comments. Consequently, the final EIS is drawn.

Contents of the ESIA report
An ESIA report should contain the following elements:

• Description of the proposed activity, including a map of the location; the use of the neighbouring lands; the project’s requirements of water, energy, drainage, and roads;
• Description of manufacturing operations of the project raw materials handling incidents and risk and safety methods and measures of waster;
• Description of the environment that potentially might be affected;
• Description of alternatives to proposed project (e.g. using materials of least pollution);
• Evaluation and assessment of the probable environmental impact and effects of the proposed activity and the alternatives, including those direct and indirect effects, and short and long term accumulations contains (solid and liquid waste, gas emission, land uses, noise levels, socioeconomic factors);
• The extent to which areas outside the national sovereignty may be affected by the proposed activity;
• Monitoring plan.

Accreditation of consultants
The EPA is responsible for maintaining a data base of consultants and consulting firms that may be contracted for EIA studies. Information and activities of these consultants have to be part of the data base. EPA advises project proponents on the consultants for their projects (EIA policy).

Review process
EPA receives the EIS from the proponent (or consultant). It then reviews the report and consults relevant stakeholders including the public. If satisfied, either approves the EIS or sends it back to the project proponent with comments. If not accepted, the EIS has to be improved and submitted again for review.

Review expertise
The EIA is sent back to the initial contributors of comments to review. This also include the public, in which case EPA is reponsible for ensuring the public are invited for comments. There is also the possibility for external review by experts from other concerned ministries.

Timeline Review
Between six months and one year (EIA policy).

Integration of ESIA into decision-making
The competent agencies that give permits are co-operating agencies in EIA and, in this way; EIA is integrated into other existing consent procedures. The licensing Agency gives the final permission for the proposal.

The EPA in conjunction with other relevant government ministry or authority decides if, or under what conditions, the proposed activity is environmentally acceptable. Accordingly the MoWE issue clearance letter which may include conditions and mitigating measures (changes in design or location), to monitoring requirements or to requirements for operation and maintenance.

Decision justification
Decisions are justified in writing. The competent authority has to prepare a document in which the justification of the decision is elaborated upon.

• The decision of approval or rejection of the project is based upon the EIS. The competent authority may decide upon the proposed project or can select one of the alternatives. The competent authority does not necessarily follows the outcomes of the EIS review, but may take a different decision. This does however not mean that the EIA outcome can be omitted.
• The competent authority has to provide the EPA with a copy of the decision report. There is no mentioning of publication of the decision towards civil society and other actors that are not directly involved.

Timeline decision-making
30 days max.

Possibilities for appeal
No information

Compliance monitoring
Monitoring is a requirement. EPA, however, does no routine monitoring but responds to complaints received, e.g. from governorates in support of public complaints to them.

A monitoring plan is mandatory and is submitted as part of the EIS report. The proponent is required to collect data from the onset of the project.

Public participation requirements for ESIA process stages
The EIA policy or 1996, prescribes public participation in the ESIA process. It is not however specified at which stages the public are supposed to be involved.

Access to information
The private consultancy firm organizes a workshop or meeting in coordination with Environmental authority developer, donor to consult relevant government institutions and local communities. The necessity and format of public participation is however not specified within the EPL. The administrative authorities are obliged (according to a presidential decree) to send the EIS to the EPA for review and approval.

Public access to ESIA reports is in principle attainable through the EPA library. In addition to a reasonable collection of environmental literature (with a computerised catalogue), the library includes EIA reports accessible to the public.