MANUAL FOR ENVIRONMENTAL IMPACT ASSESSMENT IN LITHUANIA … · 1 MANUAL FOR ENVIRONMENTAL IMPACT...

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MANUAL FOR ENVIRONMENTAL IMPACT ASSESSMENT IN LITHUANIA

Ministry of the Environment of the Republic of Lithuania

Finnish Environment Institute

Based on Lithuanian EIA legislation in force on 1 January 2001

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Contents

1. General introduction ................................................................................................................................................................... 3

2. The Environmental Impact Assessment procedures ................................................................................................................... 4

2.1. Screening ................................................................................................................................................................................. 4

2.2. Scoping / program preparation ................................................................................................................................................ 7

2.3. EIA study and the EIA report preparation .............................................................................................................................. 8

2. 3.1. Baseline environmental information ................................................................................................................................... 8

2. 3. 2. Impact prediction, analysis, and determination of significance ......................................................................................... 9

2. 3. 3. Mitigation ......................................................................................................................................................................... 11

2. 3. 4. The EIA report review procedures ................................................................................................................................... 11

2. 4. EIA quality control (reviewing) ........................................................................................................................................... 12

2. 5. Decision-making .................................................................................................................................................................. 13

2. 6. Monitoring ............................................................................................................................................................................ 13

3. Public participation .................................................................................................................................................................. 15

4. Consideration of alternatives .................................................................................................................................................... 17

Frequently asked questions about environmental impact assessment .......................................................................................... 18

Annex ........................................................................................................................................................................................... 21

Law on Environmental Impact Assessment of the Proposed Economic Activity ........................................................................ 21

Methodological Guidelines on the Screening of Proposed Economic Activity ........................................................................... 32

Regulations on Preparation of the Environmental Impact Assessment Program and Report ...................................................... 40

The Order of Informing the Public and Public Participation in the Process of Environmental Impact Assessment ................... 55

Guidelines on the Quality Control of the Environmental Impact Assessment of the Proposed Economic Activity ................... 58

The Order of Investigating the Environmental Impact Assessment Documents at the Ministry of theEnvironment and Subordinate Institutions ................................................................................................................................... 67

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1. General introduction

ing or preventing adverse impacts.The term "environment", used

in the very definition of EIA mightbe interpreted differently in vari-ous countries. The EnvironmentalProtection Law of the Republic ofLithuania defines the environmentas "the whole of mutually relatedelements functioning in nature(the earth's surface and under-

This manual shortly describesthe main stages of an effective EIAsystem and compares those withrelevant Lithuanian EIA proce-dures. It aims at giving guidanceto the EIA parties as well as to theparticipants of the planning andproject preparation process. Itmight also be valuable to anyoneinterested in general EIA practices

or Lithuanian EIA procedures.Environmental Impact Assess-

ment (EIA) is a process that pre-dicts, examines and evaluates po-tential environmental impacts of aproject and ensures that the deci-sion makers are provided with in-formation about negative environ-mental effects which are likely toarise from development actionsand know the public opinion be-fore giving a development consent.

EIA procedures should be in-tegrated into the general processof planning and project prepara-tion, when there still is room forimproving the project by mitigat-

ground, air, water, soil, flora,fauna, organic and inorganicmaterial, anthropogenic compo-nents), as well as the natural andanthropogenic systems unitingthem". It is very important to re-alize that EIA does not dealmerely with impacts on the natu-ral environment but also evalu-ates potential effects on the man-made environment, includinghuman health, security, social,cultural and economical welfare.

In Lithuania, EnvironmentalImpact Assessment is performed inaccordance with the following le-gal acts:

Participants of the EIA process (in accordance with Lithuanian legislation)

� the organiser (developer) of the proposed economic activity (as well as consultants and experts repre-senting the proponent)

� competent authority (Ministry of the Environment or other empowered institution)

� relevant parties of the environmental impact assessment: governmental institutions, responsible forhealth protection, fire-prevention, protection of cultural assets, development of economy and agriculture,and municipal administrations

� the public (e.g. inhabitants of the area in question, non-governmental organizations)

The main objectives of EIA

� to assess potential environmental effects of a project and ensure that environmental matters are takeninto account before development consent is given

� to provide information on the project for all EIA participants

� to optimize project design and planning by identifying those aspects of location, chosen technicalsolutions, construction and operation that may cause adverse environmental effects

� to identify and evaluate viable alternatives of the project, enabling to choose the most attractive one

� determine if the proposed economic activity by virtue of its nature and environmental impacts, may becarried out in the chosen site

� to devise measures for avoiding, minimizing, remediating or compensating negative impacts

� Law on Environmental Im-pact Assessment of the ProposedEconomic Activity of the Repub-lic of Lithuania, adopted 2000 0418, Nr.VIII-1636, Þin., 1996,Nr.82-1965; 1997, Nr.65-1553,2000, Nr.39-1092, (see the An-nex);

� Governmental Resolution of2000 07 28, No. 900 on Empow-

ering the Ministry of Environmentand Subordinate Institutions, Þin.,2000, Nr.65-1956;

� Order of the Minister of theEnvironment of the Republic ofLithuania of 2000 06 30, No. 263on the Approval of the Method-ological Guidelines on the Screen-ing of Proposed Economic Activ-ity, Þin., 2000, Nr.57-1698, (seethe Annex);

� Order of the Minister of theEnvironment of the Republic ofLithuania of 2000 06 30, No. 262on the Approval of the Regulationson Preparation of the Environmen-tal Impact Assessment Program

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and Report, Þin., 2000, Nr.57-1697 (see the Annex);

� Order of the Minister of theEnvironment of the Republic ofLithuania of 2000 07 10, No. 277on the Approval of the Order ofInforming the Public and PublicParticipation in the Process of En-vironmental Impact Assessment,Þin., 2000, Nr.65-1970, (see theAnnex);

� Order of the Minister of theEnvironment of the Republic ofLithuania of 2000 07 17, No. 305on the Approval of the Guidelineson the Quality Control of the En-vironmental Impact Assessment ofthe Proposed Economic Activity,Þin., 2000, Nr.65-1971 (see theAnnex);

� Order of the Minister of theEnvironment of the Republic ofLithuania of 2000 08 07, No. 333on the Approval of the Order ofInvestigating the EnvironmentalImpact Assessment Documents atthe Ministry of Environment andSubordinate Institutions, Þin.,2000, Nr.69-2062 (see the Annex).

Although the EIA systems dif-fer greatly from country to coun-try (e.g. in some EIA systems anadditional phase of post-projectmonitoring and auditing is re-quired, also public participationmight be performed in differentstages, etc.), the general processcan be outlined as a number ofsteps:

2. The EIA procedures

It should be clearly noted thatEIA should be a cyclical activity,with feedback and interactionsbetween the various stages. Thefollowing chapters provide a con-cise step-by-step overview of thesestages, comparing each step with

the Lithuanian EIA procedures.

2.1. Screening

EIA should be performed onlyfor activities that have the poten-tial for significantly affecting theenvironment due to the nature, sizeor proposed location. Screeningprocedure is applied in order todetermine if environmental impactassessment is obligatory and en-sure that that the projects with littleor no impacts are screened out andare allowed to enter the normalplanning permission/administra-tive stages without additional as-sessment.

Two main approaches forachieving this objective may beidentified: (1) compilation of

Relevant environmental components:

Physical environment (adapted from DoE)

Atmosphere, climate air quality, temperature, rainfall, wind, etc.Water resources water quality and quantitySoil and geology erosion, contamination, etc.Flora and fauna aquatic and terrestrial vegetation; birds,

mammals, fish, etc.Human beings physical and mental health and well-beingLandscape landscape characteristicsCultural heritage protected areas; built heritage;

historic and archaeological sitesEnergy light, noise, vibration, etc.

Socio - economic environment

Economic base labor market characteristics, labor supplyand demand, etc.

Demography population structure and trendsHousing supply and demandLocal services supply and demand of services: health education,

police, etc.Socio-cultural quality of life, social problems;

community stress and conflicts

The main aims of the screening procedure

� to determine if environmental impact assessment is obligatory fora particular proposed economic activity� to ensure that the environmental protection issues are consideredin the earliest stage of the planning of the economic activity thusenabling provisions for integrated impact prevention and avoidancemeasures instead of technical negative impact abating solutions

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screening lists and criteria/thresh-olds; (2) establishment of a proce-dure for preliminary assessment.

The first approach is based onattributing a particular project toone of the categories, defined inthe legally binding screening lists.Up to three different lists might beused: list of projects clearly requir-ing EIA (the so-called "positive"list); list of projects not requiringEIA(the so-called "negative" list);and a list of projects for which theneed for EIA is unclear and addi-tional thresholds/criteria should beused.

The second approach is basedon a study that is less detailed thanEIA and is performed for everytype of proposed activity. The out-

come of a such a study should pro-vide sufficient evidence for deter-mining whether a full EIA isneeded. Preliminary assessment isthe most sophisticated form ofscreening that, however, requiresmost time and resources.

In practice, most EIA systemsadopt a hybrid approach involvinglists, thresholds, screening criteriaand the use of preliminary assess-ment. For example, only twoscreening lists might be compiled,or preliminary assessment mightbe required only for projects, in-cluded in a specific list withthresholds.

In Lithuania, a hybrid approachof two project lists and screeningthresholds/criteria is used. Both

project lists are included in theLaw on Environmental ImpactAssessment of the Proposed Eco-nomic Activity in the form of An-nexes:

1) List of the Types of ProposedEconomic Activities that Shall BeSubject to the Environmental Im-pact Assessment (Annex 1 of theLaw);

2) List of the Types of ProposedEconomic Activities that Shall BeSubject to the Screening forObligatory Environmental ImpactAssessment (Annex 2 of the Law).

Provisions of the LithuanianLaw on EIA also entitle the par-ticipants of EIA to require, and thecompetent authority, taking intoaccount the nature, size or pro-posed location of the economicactivity - to decide that screeningfor obligatory environmental im-pact assessment shall be per-formed also for the proposed ac-tivity not included in theabovementioned Lists.

The first List comprises thetypes of projects for which theEnvironmental Impact Assessmentis compulsory. There might be twocases:

1) there is no threshold level setfor the project type (e.g. nuclearpower stations and other nuclearreactors including decommission-ing of such power stations or re-actors). In such cases EIA isobligatory regardless of the projectsize or production output;

2) there is a threshold level setfor the project type (e.g. thermalpower stations and other combus-tion installations, including indus-trial installations for producingelectricity, heat, steam or hot wa-ter with an output of 300 MW ormore). If this level is exceeded,EIA must be performed withoutfurther screening considerations.

The second list includes thetypes of projects that are subjectto the case by case screening pro-cedure based on the screening cri-teria. Similarly to the first list,

Initial information

Screening (determiningif EIA is required)

Scoping (deciding on the coverageof EIA and program preparation)

EIA study and preparationof the EIA report

Description of the project andenvironment

Publicparticipation

Impact prediction anddescription

Impactmitigation

Impact significance

Mitigation measures

Reviewing EIA report

Decision making

The EIA process

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there might be two possibilities:1) there is no threshold level set

for the project type ( e.g. installa-tions for the manufacture of glassor glass fibre). In such casesscreening is performed regardlessof the project size or productionoutput;

2) there is a certain thresholdset for the project type ( e.g. ther-mal power stations and other com-bustion installations, including in-dustrial installations for producingelectricity, heat, steam or hot wa-ter with an output of less than 300MW, but more than 20 MW). Asillustrated by the example, thresh-old intervals are defined only forthe project types that are also in-cluded in the first, obligatory list,but the project size or productionoutput is lower than the thresholdin the obligatory list. Hence if theproject size or production outputis within the threshold intervalscreening for obligatory EIA shallbe performed.

Screening is a rather compli-cated procedure which involvesnot only the competent authorityand the organiser (developer) ofthe proposed activity (or thepreparer of EIA documents), butalso the public.

Since it is impossible to judgeabout the impact significance fromthe mere project size or productionoutputs, the competent authority(Ministry of the Environment orother empowered institution)needs comprehensive informationboth on the proposed activity andthe chosen land site in order tomake a justified screening deci-sion.

The Law on EnvironmentalImpact Assessment provides thescreening information require-ments. First of all, the organizer(developer) of the proposed activ-ity or the preparer of the EIA docu-ments shall provide information onthe following topics: characteris-tics of the chosen site, and charac-teristics of the proposed economic

activity (size, technological pro-cess, usage of raw materials, natu-ral resources and dangerous sub-stances, production, usage and pro-cessing of waste and other sub-stances, pollution and nuisances,potential interaction with othereconomic activities, probabilityand prevention of accidents). Thisinformation shall be provided bythe organizer (developer) of theproposed activity or the preparerof the EIA documents in accor-dance with Annex 1 of Method-ological Guidelines on the Screen-ing of Proposed Economic Activ-ity, prepared and approved by theMinistry of Environment. Ifneeded, the competent authoritymay request from the organiser(developer) of the proposed eco-nomic activity or the preparer ofEIA documents to provide addi-tional information that is requiredfor the screening. After receivingand examining the abovemen-tioned information, competent au-thority performs screening in ac-

cordance with Annex 2 of Meth-odological Guidelines on theScreening of Proposed EconomicActivity and within 20 workingdays in written form informs theorganiser (developer) of the pro-posed economic activity or thepreparer of EIA documents aboutthe screening conclusion.

When performing the screeningprocedure, competent authorityshall also take into account the fol-lowing:

1) the environmental sensitiv-ity of area likely to be affected bythe proposed economic activity,taking into account the features ofecosystem, landscape, the existingland use, infrastructure, density ofthe industrial objects, relativeabundance, quality and regenera-tive capacity of natural resourcesin the area, the resistance capacityof the natural environment, payingparticular attention to the protectedareas, densely populated areas,wetlands, protection zones, for-ests, and areas in which the envi-

The screening procedures

Organizer (developer) of the proposedeconomic activity or the preparer of EIA

documents

Additional screeninginformation

Screeninginformation

Competent authority

Justified request toreconsider the screening

conclusion (10 w.d.)

Screening conclusion(final conclusion) if EIA

is obligatory (20 w.d.) EIAparties


documents

Information about thescreening conclusion /

final conclusion

Justified proposals ofthe public to recon-sider the screening

conclusion (10 w.d.)

The public

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ronmental quality standards havealready been exceeded or that areof historical, cultural or archaeo-logical value;

2) characteristics of the poten-tial impact, having regard in par-ticular to the transboundary natureof the impact, complexity of theimpact, the probability of the im-pact, the duration, frequency andreversibility of the impact, and theextent of the impact (geographicalarea and size of the affected popu-lation).

After receiving the screeningconclusion (or information aboutthe obligation to perform environ-mental impact assessment if the ac-tivity is included in Annex 1 of theLaw on EIA) the organiser (devel-oper) of the proposed economicactivity shall inform the public inaccordance with the Order of In-forming the Public and Public Par-ticipation in the Process of Envi-ronmental Impact Assessment.

Within 10 days since thescreening conclusion is publishedboth the public and the organiser(developer) of the proposed eco-nomic activity have the right topresent justified requests or pro-posals to the competent authorityto reconsider the screening conclu-sion. In such exceptional cases thecompetent authority invites therelevant parties of environmentalimpact assessment to participate in

preparation of the final conclusionregarding the obligatory environ-mental impact assessment.

2.2. Scoping / programpreparation

Scoping is the identification ofenvironmental impacts that aremost likely to be significant andtherefore require investigation dur-ing the possible EIA study.Scoping is designed to identify themain issues and those issues per-ceived as being of importance inthe eyes of the participants of theEIA process (including the public).During this stage the environmen-tal impacts of the proposed projectare determined, viable alternativesare defined, and the mitigationmeasures that will be analyzed inthe EIA study are elucidated.

Additionally, scoping shouldspecify the impact prediction andassessment methods, set realisticboundaries for the assessment andspecify key environmental criteriato be addressed.

By determining the scope sys-tematically, the assessment of theproject and its alternatives can befocused on the important environ-mental issues and risks, taking intoaccount local features and areas ofparticular importance. Also, awell-defined scope would reduceoverall assessment costs.

As already mentioned, public

participation in scoping is espe-cially important. Through publicparticipation it is possible to con-sider the values and viewpoints ofthe inhabitants. Public involve-ment in determining the scope ofassessments is useful especially forcontroversial activities. Scopingmay identify problems or conflicts,which can be alleviated or solvedwhile the proposed project is stillbeing developed.

In short, an open process whiledetermining the scope of an EIAis also a crucial first step towardsbuilding mutual confidence in fairand effective environmental im-pact assessment and problem-solv-ing, and ultimately in a fair deci-sion-making process.

In Lithuania, the scope of En-vironmental Impact Assessment isestablished during preparation andratification of the EIA program.The EIA program is prepared bythe organiser (developer) of theproposed economic activity or thepreparer of EIA documents in ac-cordance with the Law on EIA andthe Ministerial Order on Regula-tions on Preparation of the Envi-ronmental Impact Assessment Pro-gram and Report. In order to fa-cilitate preparation of the pro-gram, Annex of these Regulationsdefines the structure and contentsof the program - it shall includeinformation that later in the report

The main aims of scoping (EIA program preparation)

� to determine the contents of the environmental impact assessment report (hereafter called "report"), itsscope and the topics that shall be investigated in it

� to ensure that only significant environmental impacts will be extensively investigated in the report andthat the report will include all information that is required to make a justified decision if the proposedeconomic activity by virtue of its nature and environmental impacts, may be carried out in the chosen site

� to provide incentives for considering negative environmental impact prevention and mitigation mea-sures and alternatives in the early stage of the planning of the economic activity

� to plan the methods that will be used to predict of environmental impacts of the proposed economicactivity, to determine their significance and for their assessment

� to facilitate further procedures of project preparation and planning that shall be performed by the organiser(developer) of the proposed economic activity and to ensure that the relevant parties of the environmentalimpact assessment can participate in the process and provide their conclusions in proper time

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will fully characterise the pro-posed economic activity and itspotential environmental impacts(see Annex 1). However, each EIAcase is unique and it is very im-portant to realise that the Annexto the Regulations is merely arecommendational guide and theprogram should not be confined tothe topics provided in the Annex.It is also crucial to perceive theprogram not as a mere contenttable of the report. It is not suffi-cient to list the relevant topics ofthe "Regulations"; information isavailable during this EIA stagemust be provided (minimum re-quired information that shall beprovided in the EIA report is regu-lated by the Law on EIA).

The Law on EnvironmentalImpact Assessment of the Pro-posed Economic Activity definesnot only the minimum scope of the

program, but also the proceduresof its ratification.

Firstly, a prepared program issubmitted to the relevant parties ofenvironmental impact assessment;they examine the program andwithin 10 working days provideconclusions to the organiser (de-veloper) of the proposed economicactivity or the preparer of EIAdocuments. The relevant parties ofenvironmental impact assessmenthave right to require for amend-ment or corrections of the programif the topics within the scope oftheir competence are not investi-gated sufficiently. Conclusions re-garding the amended EIA programshall be then provided by the rel-evant parties of EIA within 5 work-ing days.

It should be noted that the Lawon EIA does not regulate the se-quence of neither providing the

EIA program to the relevant par-ties nor issuing their conclusions.

After receiving the conclusionsfrom all relevant parties of EIA,the organiser (developer) of theproposed economic activity or thepreparer of EIA documents sub-mits them together with the pro-gram to the competent authority,which examines the program andconclusions of relevant parties,and ratifies the program within 10working days. The organiser (de-veloper) of the proposed economicactivity or the preparer of EIAdocuments can then start prepar-ing the EIA report according to theratified program.

2.3. EIA study and the EIAreport preparation

The EIA study is the system-atic, reproducible and interdiscipli-nary prediction, identification, andevaluation of impacts of a pro-posed development. Informationthat is generated during the studyis presented in the EIA report.

This phase of the EIA focuseson several main tasks; each ofthose is shortly overviewed below:� baseline environmental infor-mation;� further work on impact identi-fication, refining the understand-ing of the nature of impacts, ex-tensive analysis of the impacts todetermine their magnitude, extentand effect;� judgement of the significance ofthe impacts and the needs for miti-gation measures.

2.3.1. Baseline environmen-tal information

Baseline information charac-terizes the conditions at the timethe project is proposed and pro-vides a reference for all assess-ments as well as for the compari-son of alternatives and mitigationmeasures. It is used as a startingpoint in the prediction of likelyimpacts resulting from the projectand of naturally-occurring change

EIA program ratification procedures


documents

Justified require-ments for amendment or

corrections of the programPrepared program

Amended program

Relevant EIA parties

Conclusions of the EIA parties (10 / 5 w.d.)


documents

Program and conclusions of all relevant EIA parties

Competent authority

Ratified program (10 w.d.)


documents

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in the environment. Baseline infor-mation should be determined andobtained considering local and sci-entific knowledge on the area in-cluding socio-economic issues.Both qualitative (e.g. aesthetic andhistorical values) and quantitative(e.g. pollution levels, noise level)information should be compiled.Baseline information can be usu-ally found in documents, maps anddatabases, but sometimes addi-tional field studies and interviewswith local communities are neces-sary.

2.3.2. Impact prediction,analysis, and determinationof significance

The Law on EIA of the Repub-lic of Lithuania defines environ-mental impact as "anticipatedchange in the environment causedby the proposed economic activ-ity". These changes can be direct,indirect or cumulative and can befound at different ecological (spe-cies to ecosystem) and social (in-dividual to community) levels, canvary over space and time, and canbe either positive or negative.

Direct impacts refer to changesin environmental components thatresult from direct cause-effect con-sequences of interactions betweenthe environment and project activi-ties. Indirect impacts result fromcause-effect consequences of inter-actions between the environmentand direct impacts. Assessing theinteractions between impacts andthe numerous components of theenvironment is a multidisciplinaryissue.

Cumulative impacts refer to theaccumulation of changes to theenvironment caused by human ac-tivities (e.g. past, existing and pro-posed activities, including activi-ties associated with the projectunder assessment). These changesoccur over space and time and canbe brought about by environmen-tal effects that are additive or in-teractive. It is important to describeand analyze the accumulation of

change to the environment due toproject-related impacts, eventhough the projects may be smalland their impacts minor. Cumula-tive impacts might be caused notonly by the proposed activity inquestion, but also by activities re-sulting from several developmentsoccurring at the same time or se-quentially (e.g. harbor develop-ment, increasing sea traffic), or byactivities resulting from many dif-ferent developments over extendedtime periods and space (e.g. har-bor development, increasing seatraffic, expanding storage facili-ties). Therefore, spatial and tem-poral boundaries of the assessmentof cumulative impacts should beestablished, and the activities(past, existing and proposed activi-ties, including those associatedwith the present project under as-sessment) that will be addressed inthe assessment should be identi-fied.

In this stage of the EIA, issuesidentified through scoping are ana-lyzed and expected impacts aredefined. This analysis should: (a)identify the types of impact (socio-economic, biological, physico-chemical, cultural); (b) predict themagnitude, the probability of oc-currence, and the extent of the im-pact; (c) determine the significanceof the impact.

Over time, a broad variety ofEIA methodologies ranging fromsimple qualitative to sophisticatedthree-dimensional mathematicalmodels have been developed foridentification of impacts andcomparison of the alternatives.Four main groups of methodolo-gies can be identified: (1) check-lists, (2) matrices, (3) networks, (4)overlay maps. Various computer-based mathematical models, meth-ods of statistical and economicalanalysis are used more and moreoften. Additional field studies orlaboratory methods might be re-quired as well.

Checklists are one of the mostpopular impact identification tech-

niques. Although they are mostlyused during the screening andscoping stages (especially for com-parison of the alternatives), sometypes of more sophisticated check-lists can be used for deeper impactanalysis as well. Unfortunately,checklists are not effective in iden-tifying impacts of the higher orderor interrelationships between im-pacts.

Matrices are most commonlyused to identify the interactionsbetween project activities and en-vironmental characteristics, and tocompare different alternatives.The main idea of an interactionmatrix is to split the proposed de-velopment into different projectactivities or topics by filling e.g.,the left hand column, and provid-ing the environmental characteris-tics along the top of the table.Then, according to the chosencomparative system, values areassigned for interaction betweeneach activity and environmentalcharacteristic in the cell that iscommon to both in the grid. Thisgeneral approach has been widelyadapted and used to develop othermatrices - for example, employingcontemporary methods of the ma-trix algebra. Such matrices allowto assess both direct and higher or-der impacts. So-called magnitudematrices are also often used inEIA. They go beyond mere identi-fication of impacts by assigningthem values according to theirmagnitude, importance and/ortime-frame. Employment of suchmatrices is probably the most il-lustrative way of comparison ofvarious alternatives.

Impact networks illustrate themultiple links between project ac-tivities and environmental charac-teristics and are therefore useful inidentifying and depicting second-order impacts (indirect, synergis-tic etc.) as well as for identifica-tion of remedial measures andmonitoring schemes. More de-tailed networks are, however, time-consuming, difficult to produce,

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and require extensive knowledgeof the environment under consid-eration. A section of a network, apart of so-called "impact tree", isshown in the picture.

Map overlays have been usedin environmental planning sincethe 1960s. This method is suitablefor impact identification, predic-tion, and assignment of relativesignificance. Firstly, a base map isprepared, shoving the general areawithin which the project may belocated. Successive transparentoverlay maps are then prepared forindividual environmental compo-nents that, in the opinion of ex-perts, are likely to be affected bythe project. The project's degree ofimpact is shown by the intensityof shading. The composite impactof the project can be found by su-perimposing the overlay maps and

noting the relative intensity of thetotal shading. This method is par-ticularly useful for identifying op-timum corridors for infrastructuredevelopments, for comparison be-tween alternatives, and for show-ing the spatial distribution of im-pacts. The development of com-puter mapping, and in particulargeographical information systems,allows more information to behandled and to assign to the im-pacts different importanceweightings: this enables sensitiv-ity analysis to be carried out andto see whether changing assump-tions about impact importancewould alter the decision.

Once the impacts have beenidentified, the potential magnitude,extent and duration of each onemust be predicted. Predictiondraws on physical, biological,

socio-economic and anthropologicdata and techniques and may em-ploy mathematical models, photo-montages, physical models, socio-cultural models, economic models,experiments, expert judgements,etc. In most cases this work willneed to be carried out by special-ists in their areas of competence.

Where possible, impactsshould be predicted quantitatively.This makes comparison across al-ternatives and with baseline con-ditions easier. It is also importantthat the predictions outline differ-ent scenarios and that the underly-ing assumptions are presentedtransparently - it helps to deal withuncertainties resulting from mea-surement error and absence of in-formation, particularly in case ofcumulative and socio-cultural im-pacts. It should be noted that im-

Aerial application of herbicides

Water herbicide contamination

Decreased growthof phytoplankton,

algae, etc.

Food chaincontamination in

water

Loss of riparianvegetation

Nontarget plantmortality

Decreaseddissolved oxygen

Increased watertemperature

Increased waterrunoff

Food chaincontamination on

land

Damage to fishspawning

Debris pollution Increased erosion Increased flow

Increased demandson dissolved

oxygen

Increased sedimentIncreased water

yield

A section of an impact network ("impact tree")

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pact analysis must consider all ac-tivities that affect environmen-tal components, even those com-ponents that lie outside the imme-diate area affected by the projectand to take into account the im-pacts of past, existing and plannedactivities as well as those activi-ties associated with the presentproject. An impact prediction pro-cess should also describe the in-cremental contribution of theproject to impacts on the environ-ment. Thresholds and additionalcriteria can be identified for somespecific resources, which establishlevels of impact beyond which re-sources cannot be sustained.Analysis of the interactions be-tween impacts, particularly whenconsidering cumulative impacts,should be also included in the im-pact prediction process (for ex-ample, transfers of material be-tween ecosystems or ecosystemcomponents, and connections be-tween human culture, resource useand the environment.The identified and predicted im-pacts should be then evaluated(ranked) by assigning relative sig-nificance, and determining the or-der in which impacts are to beavoided, mitigated or compen-sated. Decisions on significanceshould be based on the followingkey elements:� consideration of environmentaland other standards;� scientific and professionaljudgement;� level of public concern;� measure of the impact on eco-logical systems (magnitude, ex-tent, duration, and reversibility ofthe impact);� impacts on social values andquality of life;� availability of mitigation mea-sures.

2.3.3. Mitigation

Mitigation is the application ofdesign, construction or schedulingpractices to lessen or avoid the

adverse ecological, economic orsocio-cultural effects. At one ex-treme, the prediction and evalua-tion of impacts may reveal impactswith such adverse and significanteffects that the only effective miti-gation measure may be to abandonthe proposal. A more commonsituation would be to modify as-pects of the development action toavoid various impacts. In somecases there may be less need toavoid the impacts completely -methods to reduce adverse effectsmay then be used. During the lifeof a project, certain environmen-tal components may be tempo-rarily lost or damaged. It may bepossible to repair, rehabilitate orrestore these affected componentsto varying degrees. If the effectsare impossible to reduce, it may benecessary to compensate for ad-verse impacts.

Proponent, conducting theactivity is usually responsible formitigation, while authorities ap-proving or regulating a projectmust ensure that approved mitiga-tion measures have been imple-mented and are working effec-tively.

Mitigation measures are in-herent in all aspects of the EIAprocess and can be identified andcarried out at almost any stage ofproject planning and implementa-tion, for example:� to identify mitigation measuresat the earliest planning stage andinclude them in the design and as-sessment of a proposal (e.g. as aresult of public consultations orpast experience);� to plan the location of an activ-ity as to avoid affecting specific re-sources or environmentally sensi-tive areas (e.g. avoid contamina-tion of groundwater resources);� to plan the timing of an activityto avoid adverse effects (e.g. re-duce noise level during breedingseason of birds close to wetlands);� to include technical mitigationmeasures in the project design to

reduce the impact (e.g. require aclosed water circulation system);� to develop mitigation measuresin response to specific impactsidentified during the EIA processand adopt those measures at thetime of project implementation;� to develop and implement mea-sures that were not identified untilafter the project has been imple-mented;� to undertake mitigation mea-sures after decommissioning torestore an affected resource orarea, or to replace lost or damagedresources in the affected area orelsewhere (e.g. restore a valuablehabitat).

Some impacts may occur thatwere not anticipated or that aremore serious than predicted. Moni-toring of the activity and the af-fected environment may suggestadditional or revised mitigationmeasures. Therefore, during theEIA process, the assessment andmonitoring procedures of the ef-fectiveness of those mitigationmeasures that are part of theproject should be designed.

To assess the effectiveness ofmitigation, a well-defined environ-mental baseline should be devel-oped prior to project implementa-tion. Once a project is implemen-ted, measuring the change in envi-ronmental conditions relative tothe baseline will give an indicationof the effectiveness of mitigationmeasures in avoiding or reducingimpacts.

2. 3. 4. The EIA reportreview procedures

In Lithuania, the EIA report isprepared by the organiser (devel-oper) of the proposed economicactivity or the preparer of EIAdocuments, obliged by theorganiser, in accordance with theratified EIA program. Provisionsfor the preparation are providedboth in the Law on EIA and theMinisterial Order on Regulationson Preparation of the Environmen-

12

tal Impact Assessment Programand Report; Annex "Recom-mended Structure and Scope of theEIA Report" of the Order might beespecially useful.

The main requirement is to pro-vide detailed information on alltopics provided in the EIA pro-gram, to include an analysis of thealternatives that have been exam-ined by the preparer of EIA docu-ments, a plan for environmentalprotection monitoring, an indica-tion of any difficulties (technicalor practical deficiencies) encoun-tered by the organiser (developer)of the proposed economic activityor the preparer of EIA documentsin performing the environmentalimpact assessment, and a summaryof all information provided in thereport.

After preparing the EIA report,the organiser (developer) isobliged to organise public hearings(procedures of public participation

are reviewed in a separate chapterof the manual). If justified propos-als regarding the EIA study or re-port are received from the public,the organiser (developer) or thepreparer of EIA documents musttake them into account by amend-ing the report and before submit-ting the report to the relevant par-ties of EIA. Additionally, propos-als of the public must be evaluatedin a separate document.

The relevant parties of EIAthen check if the EIA report in-cludes sufficient information onthe topics within their competenceand within 20 working days pro-vide to the organiser (developer)of the proposed economic activityor the preparer of EIA documentstheir conclusions regarding the re-port and the possibilities to carryout the proposed economic activ-ity.

Similarly to the procedures ofthe EIA program ratification, therelevant parties of EIA have right

to require amendments or correc-tions of the report. In such cases,after the re-submission of theamended EIA report, the relevantparties of EIA are obliged to pro-vide their conclusions within 10working days.

The conclusions of the relevantparties of EIA are then to be sub-mitted to the competent authority,together with the EIA report andthe evaluation of the public pro-posals.

2.4. EIA quality control(reviewing)

Reviewing is the step in theEIA process during which it is de-termined if:� all EIA procedures were per-formed properly;� the EIA program was preparedproperly;� the EIA report complies withthe EIA program;� the EIA report provides an ad-equate assessment of the environ-mental effects, and is of sufficientrelevance and quality for decision-making;� conclusions of stakeholders ofthe EIA process regarding the as-sessment and the proposed activ-ity were taken into account;� information provided is correctand scientifically and technicallysound;� information has been presentedso that it can be understood by bothdecision-makers and the public;� information provided is suffi-cient for decision making.

Competent authority is themain part of the Lithuanian EIAquality control mechanism as it notonly co-ordinates the whole EIAprocess, but also ratifies the pro-grams of environmental impactassessment, examines the propos-als of the public, the reports ofenvironmental impact assessmentand conclusions issued by otherrelevant parties. It is also compe-tent authority that makes justifieddecisions if the proposed eco-

Lithuanian EIA report review procedures

Organizer (developer) of the proposed economicactivity or the preparer of EIA documents

Justified proposalsto amend the report

Public presenta-tion of the report

Amended report(taking into account theproposals of the publicand requirements of the

EIA parties)

Justifiedrequirementsto amend the

report

The public EIA parties

Conclusions regarding the report and the possibilities tocarry out the proposed economic activity(20 / 10 w.d.)

Organizer (developer) of the proposed economicactivity or the preparer of EIA documents

The report, conclusions of the EIA parties, a justifiedevaluation of the public proposals

Competent authority

13

nomic activity, taking into accountthe nature, size or proposed loca-tion of the economic activity maybe carried out in the chosen site.Also, if competent authority de-cides that the quality of EIA reportis not satisfactory, or some topicsare described not comprehensivelyenough, the organizer (developer)of the proposed economic activityor the preparer of the EIA docu-ments should revise and amend thereport.

Relevant parties of the environ-mental impact assessment (govern-mental institutions, responsible forhealth protection, fire-prevention,protection of cultural assets, devel-opment of economy and agricul-ture, and municipal administra-tions) are also important compo-nents of the EIA quality controlsystem. In some cases, assistanceof additional governmental insti-tutions might be required. The Lawon EIA provides other institutionswith a possibility to participate inthe environmental impact assess-ment process as relevant parties ifthey express an interest and if thecompetent authority, taking intoaccount the nature, size or pro-posed location of the economicactivity, approves it. In such cases,the competent authority informs inwritten form all relevant parties,the organiser (developer) of theproposed economic activity, andthe preparer of EIA documents, ofother governmental institutionsthat shall participate in the envi-ronmental impact assessment pro-cess.

The relevant parties of EIA, inaccordance with their competenceexamine the environmental impactassessment programs and reports,and provide conclusions regardingthe environmental impact assess-ment programs, reports and thefeasibility of the proposed eco-nomic activity. Additionally, theyparticipate in preparation of thefinal conclusion regarding the

obligatory environmental impactassessment, if requests of theorganiser (developer) or the pub-lic to reconsider the screening con-clusion have been received, andparticipate in a meeting with thecompetent authority if their con-clusions regarding the EIA pro-gram or report conflict with eachother. Specialists of each relevantEIA party are experts of their ownspecific field and it is obvious thattheir conclusions are exceptionallyimportant for ensuring effective-ness and quality of environmentalimpact assessment.

It should be noted that the Lawon EIA allows the competent au-thority, if needed, to request assis-tance of independent experts andconsultants. Participation of theexperts and consultants is financedby the competent authority and itshould doubtless result in increas-ing objectiveness and quality ofenvironmental impact assessment.

In order to facilitate the tasksof authorities and the organiser(developer) or the preparer of EIAdocuments, the Ministry of theEnvironment has preparedrecommendational Guidelines onthe Quality Control of the Environ-mental Impact Assessment of theProposed Economic Activity. TheGuidelines include checklists thatenable to determine if all EIA pro-cedures, regulated by the Law onEnvironmental Impact Assessmentof the Proposed Economic Activ-ity of the Republic of Lithuaniaand supplementary legal acts havebeen conducted properly, and ifsufficient information has beenprovided to the decision makers.Additionally, the Guidelines maybe used to perform the long termmonitoring of the EIA systemquality, e.g. to identify the mostproblematic stages of the EIA pro-cess, the procedures that are im-properly carried out and environ-mental components that are mostcomplicated to asses.

2.5. Decision-making

According to the Law on EIA,decision of the competent author-ity is binding, i.e. the proposedeconomic activity can not be ex-ecuted if the competent EIA au-thority decides that this activity, byvirtue of its nature and environ-mental impacts cannot be carriedout in the chosen site.

This decision is made within 25working days, after examining thereport, the conclusions of relevantparties of EIA regarding the reportand the possibilities to carry outthe proposed economic activityand justified evaluation of the pub-lic proposals; a positive decisionis valid for 5 years after it is is-sued.

The public is informed aboutthis decision both by the compe-tent authority and the organiser(developer) of the proposed eco-nomic activity, in accordance withthe established order. It is also en-sured that the public will have apossibility to acquire additionalinformation regarding the decisionor conditions attached thereto.

In order to ensure an unbiaseddecision, a particular emphasis isput on the conclusions of the rel-evant parties of EIA regarding thepossibilities to carry out the pro-posed economic activity, and incase these conclusions conflictwith each other, the competent au-thority, before making the finaldecision invites the relevant par-ties of EIA to participate in con-sidering their conclusions.

2.6. Monitoring

Monitoring is the collection ofspecific data about the character-istics and functioning of environ-mental variables in space and time,with the objective of supplyinginformation on the amplitude andrate of change in these variables.The aim of impact monitoringschemes is to detect an impact if ithas occurred, to estimate its mag-

14

nitude and ensure that it is a con-sequence of the particular project.Monitoring should include followup of impacts, verification of pre-dictions and functioning of miti-gation measures.

A good monitoring programwill provide adequate informationto measure environmental changeand assess the effectiveness of pro-cedures employed to mitigate ad-verse impacts. This informationshould be the basis for modifying

the activity or mitigation measures.If necessary, those responsible forthe activity are required to furtherreduce environmental effects orprotect natural resources.

Public concern for projects of-ten includes questions about fol-low up once a decision to proceedis made and the need for assur-ances that problems will be iden-tified and corrected. A good moni-toring program, developed duringthe EIA process, can be an impor-

tant step to address this concerneffectively.

Monitoring may be performedby the project operator, a contrac-tor, an independent monitoring in-stitute or a governmental institu-tion. Monitoring responsibilitiesand procedures should be de-scribed in the documentation giv-ing approval to the project. Gov-ernmental institutions responsiblefor project approval or regulationmust ensure that any monitoringprogram adopted with the proposalis conducted as planned. All moni-toring reports should be publishedand made available to administra-tors, developers, affected people,and the public.

In Lithuania, monitoring isregulated by the Law on Environ-mental Monitoring. This Law pro-vides the requirements for theoverall environmental monitoringsystem; a part of this system, called"monitoring of the environment ofeconomic entities" is performed bythe physical and juridical entitiesthat affect the environment and usenatural resources. Monitoring ofthe environment of economic en-tities is financed by these eco-nomic entities themselves. Pollu-tion sources and their impacts onthe environment are monitored; theinformation is submitted to thegovernmental institutions and mu-nicipal administration units.

Additionally, the Law on EIArequires a plan for environmentalprotection monitoring to be in-cluded in the EIA report and sub-

A monitoring program should include

� clearly defined objectives

� environmental baseline for measuring change caused by the activity

� methods to measure the amount and time of change

� a method to determine the extent to which the activity in question contributes to the environmentalchange

� a method to assess the effectiveness of mitigation measures adopted with the action

� standardized methodologies that are comparable with those used elsewhere in the country

� review and revision, when necessary, to ensure that the program objectives are being effectively met

The procedures of making a justified decisionif the proposed economic activity by virtue of its nature andenvironmental impacts, may be carried out in the chosen site

Competent authority

A justified decision if the proposed economic activityby virtue of its nature and environmental impacts,

may be carried out in the chosen site (25 w.d.)

Organizer(developer) ofthe proposed

economicactivity or the

preparer ofEIA documents

Relevant EIAparties

The public

15

mitted both to the relevant partiesof EIA and competent authority.

3. Public participation

An EIA should ensure effectiveand well-timed public participationand consultation. All interested citi-zens and interest groups have theright to express their opinions, bothwhile the EIA program is being pre-pared and when the EIA report hasbeen completed. Public consulta-tion and participation can be em-ployed at virtually every stage ofthe EIA process, and can be espe-cially useful in the procedures ofscreening, scoping, and EIA reportpreparation / review.

The reasons why the public mustbe involved in the EIA process, in-clude:� local inhabitants may provide lo-cal expertise and knowledge;� public participation may help toidentify the important issues or con-cerns determining the scope of theEIA;� local inhabitants may proposeadditional project alternatives;� public participation ensures thatpossible later conflicts will beavoided;� positive public opinion mightserve as an useful additional argu-ment when requesting a develop-ment consent;

� public participation ensures theopenness of the EIA and the accept-ability and credibility of EIA deci-sion-making.

Public participation should be ascontinuous as possible to avoid theloss of interest from the participat-ing parties. Specific necessary pointsfor scheduling public participationinclude:� the public should be informedwhen a project is first proposed andshould have information on whichthe screening decision is based, aswell as the decision itself (screen-ing stage);� the public should participate inscoping (EIA program preparation),ensuring that public comments willbe taken into account during the EIAstudy and EIA report preparation;� after EIA report is prepared;� when development consent isgranted (competent authority shouldinform the public about its decisionand the reasons and considerationson which the decision is based).

Non-governmental organiza-tions (NGOs) and communitygroups might significantly contrib-ute at the practical and policy levelsof EIA process. They can provide apoint of contact and organize pub-lic and informal meetings. In addi-tion, NGOs can often provide con-siderable expertise and experiencewhich is unavailable to consultants,developers or public authorities.

They usually have links with otherNGOs, international specialists andadvisers as well as a network of vol-unteers and staff with direct and of-ten extensive EIA experience indealing with policy and decisionmakers.

Obviously, clear rules and pro-cedures for public participationshould be established, e.g. who canto participate, by which means andon which terms.

The Lithuanian Law on EIA de-fines the rights and functions of thepublic, ensuring public participationthroughout the whole process ofEnvironmental Impact Assessment:� in the screening stage the publicreceives information about thescreening conclusion (or informa-tion about the upcoming obligatoryEIA in those cases when the pro-posed activity is included in the Listof the Types of Proposed EconomicActivities that Shall Be Subject tothe Environmental Impact Assess-ment);� during the stage of EIA reportpreparation, the public participatesin an open meeting, organised by theorganizer (developer) and also maysubmit motivated (justified) propos-als regarding the environmental im-pact assessment and EIA report.These proposals shall be taken intoaccount both by the competent au-thority and the organizer (devel-oper);

The objectives of publicparticipation

� informing the stakeholders

� presentation of views, con-cerns and values

� influencing project design

� increasing public confidence

� better transparency and ac-countability in decision-making

� less conflicts

Levels of publicparticipation

� informing (one way flow ofinformation)

� consulting (two way flow ofinformation, opportunities forthe public to express views)

� participating (public in-volved in decision-making)

Principles for successfulpublic participation

� provide sufficient and rel-evant information

� allow sufficient time to getacquainted with relevant infor-mation and discuss

� allow sufficient time topresent views

� provide responses to issues/problems raised

� choose correct public partici-pation methods and times ofevents to suit stakeholders

16

� in the decision making stage, thepublic receives information aboutthe decision if the proposed eco-nomic activity by virtue of its na-ture and environmental impacts,may be carried out in the chosen siteboth from the organizer (developer)and the competent authority;� provisions of the Law on EIA alsoensure that the public will be ableto obtain information from otherparticipants of the EIA processabout potential environmental ef-fects of the proposed economic ac-tivity, and that the organizer (devel-oper) of a proposed economic ac-tivity will finance and organize pub-lic participation in the environmen-tal impact assessment process.

Procedural details of public par-ticipation are provided in the Orderof Informing the Public and PublicParticipation in the Process of En-vironmental Impact Assessment,approved by the Ministry of Envi-ronment. There are three stages ofpublic participation defined in theOrder: (1) about the upcoming en-vironmental impact assessment of aproposed activity if it is included inthe List of the Types of ProposedEconomic Activities that Shall BeSubject to the Environmental ImpactAssessment or about the screeningdecision if the proposed activity isincluded in the List of the Types ofProposed Economic Activities thatShall Be Subject to the Screeningfor Obligatory Environmental Im-pact Assessment or if participantsof the environmental impact assess-ment process require and the com-petent authority decides that screen-ing shall be performed also for a pro-posed activity not included in theLists; (2) public presentation of theEIA report to the public, (3) inform-ing the public about the decision ofthe competent authority.

During the first stage, the orga-nizer (developer) of the proposedeconomic activity is obliged to in-form the public about the obligatoryEIA or the screening conclusion by

announcing information required bythe provisions of the Order in theplaces of public gatherings (e.g. onthe municipal announcementboards), in the press of the city (-ies) or district (-s) where the pro-posed activity is planned to be car-ried out, and if the proposed activ-ity is included in the List of theTypes of Proposed Economic Ac-tivities that Shall Be Subject to theEnvironmental Impact Assessment- also in the national press and ifpossible - on the radio and televi-sion. Also, on the request of the pub-lic, the competent authority isobliged to provide more comprehen-sive information about the screen-ing decision. Having all this infor-mation, the public may require toreconsider the screening conclusionby presenting justified proposals tothe competent authority within 10days since the screening conclusionis published. Also, if the final recon-sidered conclusion conflicts with theinitial screening conclusion, the or-ganizer (developer) shall inform thepublic again (if both conclusions arethe same, it's the competentauthority's obligation to provide amotivated answer regarding the fi-nal screening conclusion to themembers of the public that have sub-mitted the proposals).

Throughout this stage (until thepublic meeting is commenced) thepublic may also submit their propos-als regarding the ongoing EIA to theorganizer (developer); the organizer(developer) is obliged to register allthe proposals in a special form pro-vided in Annex of the Order of In-forming the Public and Public Par-ticipation in the Process of Environ-mental Impact Assessment.

During the second stage the or-ganizer (developer) of the proposedeconomic activity is obliged to or-ganize a public meeting where in-formation about the proposed activ-ity and the EIA report is presented,the questions of the public are an-swered, and the comments or pro-

posals of the public are evaluated(also those received in written formbefore the meeting). Beforeorganising such meeting (at least 10days in advance), the organizer (de-veloper) shall announce about it viathe means of mass media alreadynoted before. The Order requiresthat the public meeting should beheld in the territory of the adminis-trative unit (-s) in which the pro-posed activity is intended to be car-ried out and during the non-work-ing hours (advisable on weekendsand holidays). Proposals of the pub-lic are taken into account by the or-ganizer (developer) or the preparerof the EIA documents duringamendments of the EIA report;analysis of the public proposals issubmitted to the competent author-ity together with the report and theconclusions of relevant parties.

The third stage consists of twocorrelative procedures. Firstly, thecompetent authority, after making itsdecision1 regarding the proposedactivity, places in its Internethomepage (and if the proposed ac-tivity is included in the List of theTypes of Proposed Economic Ac-tivities that Shall Be Subject to theEnvironmental Impact Assessment- also in the official newspaper"Valstybes Zinios") information onthe content of the decision and anyconditions attached thereto, the mainreasons and considerations on whichthe decision is based, and, if needed,the main mitigation/compensationmeasures. On the request of the pub-lic, competent authority is obligedto provide more comprehensive in-formation about its decision on thepossibility to carry out the proposedeconomic activity in the chosen site.

Secondly, after receiving the de-cision of the competent authority, theorganizer (developer) is obliged toinform the public about it, provid-ing brief information via the abovementioned means of the mass me-dia.

1 It should be noted that the competent authority is obliged to examine the analysis of public proposals before making a justified decision if the proposed economic activityby virtue of its nature and environmental impacts, may be carried out in the chosen site.

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4. Consideration of alter-natives

Consideration of alternativeswas described as "the heart of theenvironmental impact statement" bythe US Council on EnvironmentalQuality. As a result of uncertaintiesin data and a lack of detailed knowl-edge of ecological and socio-culturalconditions and functions, many im-pacts can only be examined throughthe relative differences between al-ternatives. Analysis of alternativesmight be very useful also for the pro-ponent, as it helps to identify themost environmentally and economi-cally viable option.

A number of types of alternativescan be considered: alternative loca-tions, alternative scales of theproject, alternative technologicalprocesses or equipment, alternativeoperating conditions and timings,alternative waste discharges, mitiga-tion measures, and traffic manage-ment.

It is very important to considerthe so-called no-action or zero al-ternative that refers to the environ-mental conditions and naturalchanges if the project did not goahead. The zero alternative shouldbe understood not merely as a dis-cussion of the need of the projectbut rather serve as a base for com-parisons.

The actual number of alterna-tives depends, of course, on the typeof the project. For many activities,reasonable and viable alternativesites within a region are usuallyavailable. The EIA report shoulddescribe the site-specific impacts ofthe activity and compare the effectsin different potential locations help-ing to choose the most suitable site

alternative. However, some activi-ties are site-specific, such as extrac-tion and use of natural resources(mining, oil and gas operations, for-estry, etc.), major restoration and re-habilitation projects, additions andextensions to existing installations,etc. In such cases only various tech-nical and operational alternatives(including the alternative of no ac-tion) can be analyzed.

The alternatives should be cho-sen according to their viability, levelof difference between them and tak-ing into account how well do theyanswer the purposes of a developer.At least three different alternativesshould be analyzed:� the alternative most favorable tothe developer (the proposed alterna-tive);� the most environmentally soundalternative;� no-action alternative.

Public participation is very im-portant at this stage. Developermight have chosen project alterna-tives before the start of the EIA pro-cess according to his short-term in-terest or ignoring environmentalprotection. Public participation willhelp to ensure that a full variety ofalternatives will be analyzed, and allpossible alternatives are impartiallyexamined.

The Law on EIA of the Repub-lic of Lithuania obliges the organizer(developer) or the preparer of theEIA documents to include in the EIAprogram characterisation of themain alternatives studied by theorganiser (developer) of the pro-posed economic activity or thepreparer of EIA documents, and anindication of the main reasons forthis choice, taking into account thebest available techniques and poten-

tial environmental effects.Consideration of alternatives is

stipulated also in the Regulations onPreparation of the EnvironmentalImpact Assessment Program andReport. Provisions of these regula-tions require that characterisation ofthe main alternatives (in the EIAprogram) shall be further elaboratedin the EIA report, by supplying moreextensive information about each ofthem and thus providing the basisfor a comparison; this is extremelyimportant in case of the site selec-tion alternatives.

In a separate chapter of the EIAreport the analysis and comparisonof alternatives shall be provided, tak-ing into account their impacts on thecomponents of the environment andinteractions between them. It is rec-ommended to employ some meth-odologies (such as mentioned inChapter 2.3) and analyse separatefactors of each phase of the proposedeconomic activity on a relevant com-ponent of the environment by as-signing relative significance valuesdepending on the impact magnitude,duration, reversibility, viability andefficiency of mitigation measures.

It is very important to note thatthe Law on EIA gives the organizer(developer) or the preparer of theEIA documents a possibility to per-form Environmental Impact Assess-ment before preparing the construc-tion project - during the process ofpreparation of a technical-economi-cal substantiation of the constructionor other documents that substanti-ate feasibility of the economic ac-tivity, or while performing investi-gation activities. This provision en-sures that the organizer (developer)will be able to examine not onlytechnical, but also site alternatives.

18

1. What is EnvironmentalImpact Assessment (EIA)?

As defined in the Law on En-vironmental Impact Assessment(EIA) of the Proposed EconomicActivity of the Republic ofLithuania, is the process of identi-fying, characterising and assessingthe potential environmental im-pacts of the proposed economicactivity. The main goal of the EIAprocess is to ensure that the deci-sion makers are provided with in-formation about negative environ-mental effects which are likely toarise from development actions,about possible mitigation of theseimpacts, and know the public opin-ion before giving a developmentconsent.

2. What economic activitiesare subject to EIA?

EIA is conducted for the pro-posed economic activity whichmight have significant effects onthe environment by virtue of theirnature, size or proposed location.Such activities are included in thefollowing lists (Annexes I and IIof the Law on Environmental Im-pact Assessment of the ProposedEconomic Activity of the Repub-lic of Lithuania):

1) List of the Types of ProposedEconomic Activities that Shall BeSubject to the Environmental Im-pact Assessment;

2) List of the Types of ProposedEconomic Activities that Shall BeSubject to the Screening forObligatory Environmental ImpactAssessment. For these activities, acase by case screening procedureshall be performed in order to de-termine if environmental impactassessment is obligatory.

Additionally, provisions of theLithuanian Law on EIA also en-title the participants of EIA to re-

FREQUENTLY ASKED QUESTIONS ABOUT ENVIRONMENTAL IMPACT ASSESSMENT

quire, and the competent author-ity, taking into account the nature,size or proposed location of theeconomic activity - to decide thatscreening for obligatory environ-mental impact assessment shall beperformed also for the proposedactivity not included in theabovementioned Lists.

3. Who bears the costs ofEIA?

Both preparation of the EIAdocuments and organising the pub-lic participation procedures shallbe financed by the organiser (de-veloper) of the proposed economicactivity.

4. What are EIA documents?

Three types of EIA documentscan be distinguished. Firstly, it'sthe screening information thatshall be provided by the organiser(developer) of the proposed eco-nomic activity or the preparer ofEIA documents. Secondly, it's theEIA program, which identifies thetopics that shall be investigatedduring the EIA study. In accor-dance with the EIA program, ap-proved by the competent, the thirdEIA document is prepared - EIAreport, which shall include detailedinformation on each topic of theprogram, an analysis of the alter-natives that have been examinedby the preparer of EIA documents,a plan for environmental protec-tion monitoring, etc.

5. Is the developer allowedto prepare EIA documentsby himself (herself)?

Yes, provisions of theLithuanian Law on EIA allow thedeveloper to prepare the EIA docu-ments by himself (herself). How-ever, both EIA program and reportare complex documents that com-prise extensive information on the

environmental components andpotential impacts on these compo-nents caused by the proposed ac-tivity and usually assistance ofexperts with experience in differ-ent fields of knowledge is needed.Therefore, according to theLithuanian Law on EIA thepreparer of the environmental im-pact assessment documents,obliged by the organiser (devel-oper) of the proposed economicactivity is considered as one of theparticipants of the EIA process.

6. Who is allowed to carryout EIA study and prepareEIA documents? Is somekind of a special licence orcertificate required?

As noted before, provisions ofthe Law on EIA allow theorganiser (developer) of the pro-posed economic activity to obligeany physical or juridical entity, oran entity without the juridicalrights, to identify, characterise andassess potential environmentalimpacts of the proposed economicactivity, to prepare the programand report of the environmentalimpact assessment, and to performthe relevant procedures of environ-mental impact assessment, estab-lished by this Law. No certificatesor licences are required, the maincriterion for choosing a preparerof the environmental impact as-sessment documents should be his/her competence in the field of en-vironmental consultancy. InLithuanian there is a number ofscientific research institutes, uni-versities and private companiesthat are able to carry out EIA stud-ies and prepare EIA documents.Also, Lithuanian Ministry of theEnvironment has prepared a list ofpotential preparers of EIA docu-ments, which is freely available.

19

2 It should be noted that the table provides maximum duration of the procedures as regulated by the legal documents, i.e. they take less time in practice.

8. How long does the wholeEIA process last?

Two main cases can be identi-fied:

1) EIA process will last 95working days if the proposed eco-nomic activity shall undergo thescreening procedure (if EIA docu-ments are not properly preparedand must be re-submitted, it willtake 15 additional working days);

2) EIA process will last 75working days if screening is notrequired for the proposed eco-nomic activity (if EIA documentsare not properly prepared and mustbe re-submitted, it will take 15additional working days).

9. Where can I get ac-quainted with EIA docu-ments?

EIA documents shall be avail-able at the office of the competentauthority that has ratified the EIAprogram and made a justified deci-sion if the proposed economic ac-tivity by virtue of its nature and en-vironmental impacts, may be carriedout in the chosen site. Currently, thetasks of competent authority are as-signed to the Lithuanian Ministry ofthe Environment and institutionssubordinate to it - Regional Environ-mental Protection Departments andHydrografic Network Service (thisService recently has been

reorganised into the Water Re-sources Department).

10. Can I get copies of EIAdocuments?

Availability of the copies ofEIA documents as well as otherdocuments is regulated by the Lawon the Rights to Receive Informa-tion from Municipal and State In-stitutions of the Republic ofLithuania. In accordance with thisLaw and the Governmental Orderon Reimbursing the Costs ofPreparation of the Copies of Docu-ments, the declarant can receive acopy of a document after filling upa relevant form and covering thecosts of copying.

Procedure

Screening

Acquiring conclusions of the relevant partiesof EIA regarding the EIA program

Ratification of the EIA program

Presenting the EIA report to the public

Acquiring conclusions of the relevantparties of EIA regarding the EIA report and

the possibilities to carry out theproposed economic activity

Making a justified decision if theproposed economic activity by virtue of its

nature and environmental impacts,may be carried out in the chosen site

7. How much time do the EIA procedures take?

Maximum duration2 (in working days)

20

10(re-submitting the EIA program - 5 additional

working days)

10

10

20(re-submitting the EIA report - 10 additional

working days)

25

20

11. Can I comment on theEIA of a certain activity?

Provisions of the LithuanianLaw on EIA ensure public partici-pation throughout the whole EIAprocess. First of all, the public hasright to present motivated (justi-fied) proposals to the Ministry ofEnvironment or other empoweredinstitution to reconsider the screen-ing conclusion within 10 working

days since the screening conclu-sion is published.

Also, when informing the pub-lic about the upcoming environ-mental impact assessment of a pro-posed activity, the developer shallindicate to whom motivated (jus-tified) proposals regarding the en-vironmental impact assessmentmay be submitted. Proposals maybe submitted both before and dur-ing the public presentation of the

EIA report. All these proposalsshall be registered by the developerin accordance with the form ap-proved by the Ministry of Environ-ment.

The developer shall prepare ajustified evaluation of all publicproposals, submit this evaluationto the relevant parties of EIA andto the competent authority, andtake these proposals into accountwhen amending the EIA report.

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Official translation

REPUBLIC OF LITHUANIA

Law on Environmental Impact Assessmentof the Proposed Economic Activity

18 April 2000 No. VIII - 1636

Vilnius

Article 1. Revised Version of the Law of the Republic of Lithuania on Environmental ImpactAssessment of the Proposed Economic Activity

The Law of the Republic of Lithuania on Environmental Impact Assessment of the Proposed EconomicActivity shall be amended and set forth to read as follows:

"REPUBLIC OF LITHUANIALaw on Environmental Impact Assessment

of the Proposed Economic Activity

CHAPTER IGENERAL PROVISIONS

Article 1. Purpose of the LawThis Law shall regulate the environmental impact assessment process and relationships between parties

involved in such process.

Article 2. Principal Definitions of this Law1. "Proposed economic activity" means building of new construction works, reconstruction of the existing

construction works, implementation of new technologies, modernisation or change of the production processand technologies, change of the mode of production, the production output or type, exploitation of entrails of theearth and other natural resources, as well as the economic activity provided for in land survey, forest and watermanagement projects.

2. "Organiser (developer) of the proposed economic activity" means a natural or legal person, or a personwithout the rights of a legal person that intends to start the proposed economic activity and is responsible forperforming the procedures of environmental impact assessment, established by this Law.

3. "Preparer of the environmental impact assessment documentation, obligated by the organiser (de-veloper) of the proposed economic activity" means a natural or legal person, or a person without the rights ofa legal person, that is obligated by the organiser (developer) of the proposed economic activity to identify,characterise and evaluate potential environmental impacts of the proposed economic activity, to prepare theprogram and report of the environmental impact assessment, and to perform the relevant procedures of environ-mental impact assessment, established by this Law.

4. "Environmental impact assessment" means the process of identifying, characterising and assessing thepotential environmental impacts of the proposed economic activity.

5. "Relevant parties of the environmental impact assessment" mean governmental institutions and mu-nicipal administrations that examine environmental impact assessment programs and environmental impactassessment reports, and provide conclusions in accordance with their competence.

6. "Environmental impact" means anticipated change in the environment caused by a proposed economicactivity.

Article 3. Object of the Environmental Impact Assessment1. Object of the environmental impact assessment shall be the proposed economic activity which might have

significant effects on the environment by virtue of their nature, size or characteristics of proposed location. Suchactivities shall be included in:

1) List of the Types of Proposed Economic Activities that Shall Be Subject to the Environmental ImpactAssessment (Annex I); and

2) List of the Types of Proposed Economic Activities that Shall Be Subject to the Screening for Obligatory

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Environmental Impact Assessment (Annex II).2. Environmental impact assessment shall be performed when the proposed economic activity is in-

cluded in the List of the Types of Proposed Economic Activities that Shall Be Subject to the EnvironmentalImpact Assessment, or if during the screening of the proposed economic activity (hereinafter referred to as"screening") it is determined that the environmental impact assessment is obligatory for the proposed eco-nomic activity.

3. All participants of the environmental impact assessment process shall be entitled to require, and thecompetent authority, taking into account the nature, size or characteristics of location of the proposed eco-nomic activity - to decide that screening for obligatory environmental impact assessment would be per-formed also for the proposed activity not included in the Lists referred to in paragraph 1 of this Article.

4. Environmental impact assessment shall be performed before preparing the project documents of theproposed economic activity, i.e. when preparing the documents which substantiate the building of a con-struction works or other documents which substantiate feasibility of the economic activity, and while per-forming investigation activities.

Article 4. Objectives of the Environmental Impact AssessmentThe objectives of the environmental impact assessment shall be as follows:1) to identify, characterise and assess potential direct and indirect impacts of the proposed economic

activity on human beings, fauna and flora; soil, surface and entrails of the earth; air, water, climate, land-scape and biodiversity; material assets and the immovable cultural heritage, and interaction among thesefactors;

2) to reduce or avoid negative impacts of the proposed economic activity on human beings and othercomponents of the environment, referred to in paragraph 1 of this Article; and

3) to determine if the proposed economic activity, by virtue of its nature and environmental impacts,may be allowed to be carried out in the chosen site.

Article 5. Participants of the Environmental Impact Assessment Process1. Participants of the environmental impact assessment process shall be as follows:1) competent authority - Ministry of the Environment or another institution authorised by the Govern-

ment;2) relevant parties of the environmental impact assessment: State institutions responsible for health

protection, fire-prevention, protection of cultural assets, development of economy and agriculture, and insti-tutions of local self-government;

3) organiser (developer) of the proposed economic activity;4) preparer of the environmental impact assessment documentation, obligated by the organiser (devel-

oper) of the proposed economic activity; and5) the public.2. State institutions not referred to in paragraph 1 (2) of this Article, may also act as relevant parties of

the environmental impact assessment, if they are interested in the participation in the environmental impactassessment process and if the competent authority, taking into account the nature, size or characteristicsproposed location of the proposed economic activity, approves it. In such cases, the competent authorityshall inform in writing all relevant parties of the environmental impact assessment as well as the organiser(developer) of the proposed economic activity or the preparer of the environmental impact assessment docu-mentation, obligated by him, about other State institutions that shall participate in the environmental impactassessment process.

Article 6. Functions of the Participants of the Environmental Impact Assessment Process1. The competent authority shall:1) co-ordinate the environmental impact assessment process;2) perform screening, ratify the programs of environmental impact assessment, examine proposals of the

public, reports of environmental impact assessment and conclusions issued by relevant parties of the envi-ronment impact assessment regarding environmental impact assessment programs, reports and the feasibil-ity of the proposed economic activity, and make justified decisions if the proposed economic activity, takinginto account its nature and size, may be carried out in the chosen site; and

3) when necessary, request assistance of consultants. Participation of the consultants in the environmen-tal impact assessment process shall be financed by the competent authority.

2. Organiser (developer) of the proposed economic activity shall at his own expense perform the rel-evant procedures of environmental impact assessment established by this Law.

3. Preparer of the environmental impact assessment documentation, obligated by the organiser (devel-oper) of the proposed economic activity, shall identify, characterise and assess potential environmentalimpacts of the proposed economic activity, prepare the programs and reports of the environmental impactassessment, and perform the relevant procedures of environmental impact assessment established by this

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Law.4. Relevant parties of the environmental impact assessment shall within the range of their competence,

examine the environmental impact assessment programs and reports, and provide conclusions regarding theenvironmental impact assessment programs, reports and the feasibility of the proposed economic activity.

5. The public shall provide substantiated proposals regarding the environmental impact assessment andpotential environmental impacts of the proposed economic activity in the manner prescribed by the Ministry ofthe Environment.

CHAPTER IIENVIRONMENTAL IMPACT ASSESSMENT

Article 7. Screening and Obligatory Environmental Impact Assessment1. Environmental impact assessment shall be performed when proposed economic activities are included in

the List of the Types of Proposed Economic Activities that Shall Be Subject to the Environmental ImpactAssessment, or when during the screening it is determined that environmental impact assessment is obligatoryfor the proposed economic activity.

2. Screening shall be performed for the proposed economic activities that are included in the List of Pro-posed Economic Activities that Shall Be Subject to the Screening for Obligatory Environmental Impact Assess-ment.

3. The aim of screening shall be to determine if environmental impact assessment is obligatory for a concreteproposed economic activity.

4. Screening shall be performed by the competent authority in accordance with the methodological guide-lines of the proposed economic activity, that are prepared and approved by the Ministry of the Environment.

5. Screening shall be based on the information, provided by the organiser (developer) of the proposedeconomic activity or the preparer of the environmental impact assessment documentation, obligated by him,regarding the characteristics of the chosen site for the proposed economic activity, and characteristics of theproposed economic activity (size, technologies and materials used, use of natural resources, dangerous sub-stances, production, usage and processing of waste and other substances, pollution and nuisances, potentialinteraction with other proposed economic activities, probability and prevention of accidents).

6. The competent authority, taking into account the nature and size of the proposed economic activity, andthe characteristics of the proposed location, may request from the organiser (developer) of the proposed eco-nomic activity or the preparer of the environmental impact activity documentation, obligated by him, to provideadditional information necessary for the screening.

7. The competent authority shall perform screening and reach a conclusion regarding obligatory environ-mental impact assessment, taking into account the information referred to in paragraph 5 of this Article andhaving regard to:

1) the environmental sensitivity of the area likely to be affected by the proposed economic activity, thefeatures of ecosystem, landscape, the existing land use, infrastructure of the said area, density of the industrialobjects, relative abundance, quality and regenerative capacity of natural resources in the area, the resistancecapacity of the natural environment, paying particular attention to the protected areas, densely populated areas,wetlands, protection zones, forests, and areas in which the environmental quality standards have already beenexceeded or that are of historical, cultural or archaeological value;

2) characteristics of the potential environment impact of the proposed economic activity, paying particularattention to the transboundary nature of the impact, complexity of the impact, the probability of the impact, theduration, frequency and reversibility of the impact as well as the size of the territory and the amount of thepopulation.

8. The competent authority shall, within 20 working days from receipt of the information for the perfor-mance of the screening, present to the organiser (developer) of the proposed economic activity and relevantparties of the environmental impact assessment, written conclusions regarding the obligatory environmentalimpact assessment.

9. The organiser (developer) of the proposed economic activity shall, in the manner prescribed by the Min-istry of the Environment, inform the public about the obligation to perform the environmental impact assess-ment as referred to in the provisions of paragraph 1 of this Article or about the screening conclusion in accor-dance.

10. The public shall, within 10 working days from the publication of the screening conclusion, have the rightto present justified proposals to the competent authority to reconsider the screening conclusion.

11. The organiser (developer) of the proposed economic activity shall have the right to present within 10working days from the receipt of the screening conclusion, a justified request to the competent authority toreconsider the screening conclusion.

12. After receiving a justified request of the organiser (developer) of the proposed economic activity orjustified proposals of the public to reconsider the screening conclusion, the competent authority shall inviteinterested relevant parties of environmental impact assessment to participate in the adoption of the final conclu-

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sion regarding the obligatory environmental impact assessment.13. If the final screening conclusion conflicts with the conclusion made in accordance with the provisions of

paragraph 7 of this Article, the organiser (developer) of the proposed economic activity shall inform the publicabout this in the manner prescribed by the Ministry of the Environment.

Article 8. Program of the Environmental Impact Assessment1. The environmental impact assessment program (hereinafter referred to as "program") shall be prepared

whenever environmental impact assessment is obligatory in accordance with the provisions of paragraph 1 ofArticle 7.

2. The environmental impact assessment program shall be prepared by the organiser (developer) of theproposed economic activity or the preparer of the environmental impact assessment documentation, obligatedby him, in compliance with the regulations on preparation of the environmental impact assessment program andreport, approved by the Ministry of the Environment.

3. The program shall define the contents of the report on the environmental impact assessment of the pro-posed economic activity (hereinafter referred to as "report"), issues considered therein and the amount of re-quired information.

4. The program shall include at least the following information:1) an outline of the main alternatives studied by the organiser (developer) of the proposed economic activity

or the preparer of the environment impact assessment documentation, obligated by him, and an indication of thereasons for their choice, taking into account the best available modes of production and potential environmentalimpact;

2) a description of the technical characteristics, technological process and materials planned to be used, aswell as needed amount of natural resources and land use (during the construction and operation phases); adescription of expected pollutants; a description of production, usage and processing of waste and other sub-stances; a description of the components of the environment likely to be affected by the proposed economicactivity; a short description of the likely environmental effects of the proposed economic activity taking intoaccount potential interaction with other economic activities; a description of measures envisaged to avoid,reduce or offset negative environmental effects or to alleviate their consequences; identification of possibleemergencies (accidents) and accident-avoidance and emergency measures;

3) methods that will be used to predict and assess the effects on the environment.5. The organiser (developer) of the proposed economic activity or the preparer of the environment impact

assessment documentation, obligated by him, shall submit the prepared program to the relevant parties of envi-ronmental impact assessment.

6. The relevant parties of environmental impact assessment shall examine the program and within 10 work-ing days from the receipt thereof provide conclusions to the organiser (developer) of the proposed economicactivity or the preparer of the environment impact assessment documentation, obligated by him.

7. The relevant parties of environmental impact assessment shall have the right to present justified require-ments that the organiser (developer) of the proposed economic activity or the preparer of the environmentimpact assessment documentation amend or correct the environment impact assessment program. In such casesthe organiser (developer) of the proposed economic activity or the preparer of the environment impact assess-ment documentation shall amend or correct the program and repeatedly present it to the relevant parties ofenvironmental impact assessment, which shall examine the program and, within 5 working days form the receiptthereof, submit conclusions to the organiser (developer) of the proposed economic activity or the preparer of theenvironment impact assessment documentation, obligated by him.

8. The organiser (developer) of the proposed economic activity or the preparer of the environment impactassessment documentation, obligated by him, shall submit the program and the conclusions of the relevantparties of environmental impact assessment to the competent authority.

9. Upon the examination of the conclusions of the relevant parties of environmental impact assessment, thecompetent authority shall approve the program within 10 working days from the receipt thereof.

10. When the conclusions of the relevant parties of environmental impact assessment conflict with eachother, the competent authority shall, before approving the programme, invite the relevant parties of environmen-tal impact assessment to participate in the consideration of their conclusions.

Article 9. Report of the Environmental Impact Assessment1. The report of the environmental impact assessment shall be prepared by the organiser (developer) of the

proposed economic activity or the preparer of the environment impact assessment documentation, obligated byhim, in accordance with the program approved by the competent authority. The report shall include exhaustiveexamination of all the issues provided for in the program, an analysis of the alternatives that have been examinedby the preparer of the environment impact assessment documentation, a plan for environmental monitoring,information about the problems of technical or practical character encountered by the organiser (developer) ofthe proposed economic activity or the preparer of the environment impact assessment documentation whenperforming the environmental impact assessment, as well as a summary of all information considered in the

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report.2. Organiser (developer) of the proposed economic activity shall, in a prescribed manner, organise public

presentation of the report.3. Organiser (developer) of the proposed economic activity or the preparer of the environment impact as-

sessment documentation shall submit the report amended according to justified proposals of the public, to therelevant parties of environmental impact assessment, who check whether the issues which fall within theircompetence and are provided for in the program are sufficiently examined in the report.

4. Relevant parties of environmental impact assessment shall examine the report and, within 20 workingdays from the receipt thereof, forward their conclusions to the organiser (developer) of the proposed economicactivity or the preparer of the environment impact assessment documentation, obligated by him, together withthe conclusions designated for the competent authority regarding the possibilities to carry out the proposedeconomic activity.

5. The relevant parties of environmental impact assessment shall have the right to present justified require-ments that the organiser (developer) of the proposed economic activity or the preparer of the environmentimpact assessment documentation, obligated by him, amend or correct the environment impact assessment re-port. In such cases the organiser (developer) of the proposed economic activity or the preparer of the environ-ment impact assessment documentation, obligated by him, shall amend or correct the program and repeatedlypresent it to the relevant parties of environmental impact assessment, who examine the report and within 10working days from the receipt thereof submit their conclusions to the organiser (developer) of the proposedeconomic activity or the preparer of the environment impact assessment documentation, obligated by him,together with the conclusions designated for the competent authority regarding the possibilities to carry out theproposed economic activity.

6. The organiser (developer) of the proposed economic activity or the preparer of the environment impactassessment documentation shall submit to the competent authority the report, the conclusions of relevant partiesof environmental impact assessment regarding the report and the possibilities to carry out the proposed eco-nomic activity as well as a substantiated evaluation of the proposals of the public.

Article 10. Decision Regarding the Proposed Economic Activity1. Upon the examination of the report, the conclusions of relevant parties of environmental impact assess-

ment regarding the report and the possibilities to carry out the proposed economic activity as well as justifiedevaluation of the public proposals, the competent authority shall, within 25 working days from the receipt of thereport, make a justified decision if the proposed economic activity by virtue of its nature and environmentalimpacts, may be carried out in the chosen site. The competent authority shall in written form forward its justifieddecision to the organiser (developer) of the proposed economic activity and the relevant parties of environmen-tal impact assessment.

2. When the conclusions of the relevant parties of environmental impact assessment regarding the possibili-ties to carry out the proposed economic activity conflict with each other, the competent authority shall, beforemaking the final decision, invite the relevant parties of environmental impact assessment to participate in theconsideration of their conclusions.

3. A positive decision adopted by the competent authority regarding the possibilities of carrying out theproposed economic activity shall be valid for 5 years following its adoption.

4. If the competent authority decides that the proposed economic activity cannot be carried out in the chosensite because of its potential negative environmental impacts, the proposed economic activity may not be carriedout

5. The competent authority and the organiser (developer) of the proposed economic activity shall, in aprescribed manner, inform the public about the justified decision whether the proposed economic activity byvirtue of its nature and environmental impacts may be carried out in the chosen site, and shall make it possiblefor the public to get access to the text of the decision.

CHAPTER IIIFINAL PROVISIONS

Article 11. Environmental Impact Assessment in a Transboundary Context1. In the cases when an economic activity that is proposed to be carried out in the territory of the Republic of

Lithuania may cause a significant negative impact on the environment of any foreign State which is a party to the1991 United Nations Convention on Environmental Impact Assessment in a Transboundary Context, or uponrequest of such State, the environmental impact assessment process shall be performed in compliance with theConvention, international agreements between the Republic of Lithuania and relevant States, this Law and otherlegal acts.

2. If the Convention on Environmental Impact Assessment in a Transboundary Context or an internationalagreement of the Republic of Lithuania provides for environmental impact assessment procedures different thanthose of this Law, the provisions of the Convention or the international agreements of the Republic of Lithuania

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shall apply.

Article 12. Access to Information, Relevant for Performing Environmental Impact AssessmentState or local self-government institutions holding information about the environment that is necessary for

performing environmental impact assessment, must provide the organiser (developer) of the proposed economicactivity or the preparer of the environment impact assessment documentation, obligated by him, with a possibil-ity to make use of such information in the manner prescribed by the Government.

Article 13. Publicity of the Environmental Impact Assessment Process1. The public shall have the right to obtain in accordance with the procedure established by the law, informa-

tion from other participants of the environmental impact assessment of the proposed economic activity, aboutpotential environmental effects of the proposed economic activity.

2. Informing and participation of the public in the process of environmental impact assessment of the pro-posed economic activity shall, in a prescribed manner, be organised and financed by the organiser (developer) ofthe proposed economic activity.

3. The procedure of informing and participation of the public in the process of the environmental impactassessment of the proposed economic activity shall be set by the Ministry of The Environment.

Article 14. Liability of the Participants of the Environmental Impact Assessment ProcessParticipants of the environmental impact assessment process shall, in the manner prescribed by the law, be

responsible for implementing the provisions of this Law, furnishing accurate information and for the decisionsand conclusions made within the range of their competence.

Article 15. Investigation of Disputes1. Disputes concerning the application of the provisions of this Law and the decisions of the competent

authority shall, in the manner prescribed by the law, be considered by the courts of the Republic of Lithuania.2. Disputes between the Republic of Lithuania and legal and natural persons of other States shall be settled

according to the procedure established by the laws of the Republic of Lithuania, unless the international agree-ments of the Republic of Lithuania provide for a different procedure of the consideration and settlement ofdisputes."

Article 2. Coming into Force of this Law

The Law of the Republic of Lithuania on the Amendment of the Law on Environmental Impact Assessmentof Proposed Economic Activities shall come into force on 1 June 2000, except Article 11 of the Law on Environ-mental Impact Assessment of Proposed Economic Activity which shall come into force after the Republic ofLithuania becomes a party to the Convention on Environmental Impact Assessment in a Transboundary Con-text.

Article 3. Proposals to the Government

The Government shall, within one month from the coming into force of the Law of the Republic of Lithuaniaon the Amendment of the Law on Environmental Impact Assessment of Proposed Economic Activities, preparethe legal acts which are necessary for the implementation of the Law on Environmental Impact Assessment ofProposed Economic Activities.

I promulgate this Law passed by the Seimas of the Republic of Lithuania.

PRESIDENT OF THE REPUBLIC VALDAS ADAMKUS

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Annex I ofRepublic of Lithuania Law No. VIII-1636 of

18 April 2000

LIST OF THE TYPES OF PROPOSED ECONOMIC ACTIVITIESTHAT SHALL BE SUBJECT TO THE ENVIRONMENTAL

IMPACT ASSESSMENT

1. Agriculture and aquaculture1.1. Rearing of pigs (900 or more places for sows , 3 000 or more places for other pigs)1.2. Rearing of poultry (85 000 or more places for broilers, 60 000 or more places for hens)1.3. Dams and ponds (when the amount of water held back or stored is 5 million m3 or more)

2. Extractive and processing industry2.1. Extraction and processing of oil of (excluding undertakings manufacturing only lubricants from crude

oil)2.2. Extraction of natural gas (when the amount extracted exceeds 500 000 m3 per day)2.3. Peat extraction (with the surface of the site of 150 ha or more)2.4. Quarrying and extraction of other mineral resources (when the surface of the site is 25 ha or more)

3. Energy industry3.1. Thermal power stations and other combustion installations, including industrial installations for pro-

ducing electricity, heat, steam or hot water (with an output of 300 MW or more)3.2. Nuclear power stations and other nuclear reactors including decommissioning of such power stations or

reactors (*)3.3. Production, processing, enrichment, storage and disposal of nuclear fuel3.4. Gasification or liquefaction of coal or bituminous shale (with a capacity of 500 tonnes/day or more)

4. Production and processing of metals4.1. Initial smelting of cast-iron and steel4.2. Production of non-ferrous metals from ore, concentrates or secondary raw materials by chemical, met-

allurgical or electrolytic processes

5. Industry of mineral construction materials5.1. Extraction of asbestos and processing and transformation of asbestos and products containing asbestos:

for asbestos products - annual production is 20 000 tonnes or more of finished products, for friction material -annual production is 50 tonnes or more of finished products, and for other uses of asbestos - utilisation is 200tonnes per year or more.

6. Chemical industry6.1. Manufacture on an industrial scale of the following chemical substances:- organic chemicals;- inorganic chemicals;- phosphorous-, nitrogen- or potassium- based fertilisers (including compound fertilisers);- other agrochemicals, including biocides- pharmaceutical products.6.2. Installations for storage (warehouses and storage grounds) of petroleum, petrochemical, or chemical

products with a capacity of 200 000 tonnes or more6.3. Production of explosives

7. Wood and paper industry7.1. Production of paper and board (with a production capacity of 200 tonnes / day or more)7.2. Production of cellulose and pulp from timber or similar fibrous materials

8. Objects of infrastructure8.1. Construction of sea ports, piers or terminals (for loading and unloading) which can take vessels of 1350

tonnes or larger8.2. Construction of inland waterways, ports, piers or terminals (for loading and unloading) which can take

vessels of 1350 tonnes or larger8.3. Construction of express motorways and country level roads

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8.4. Construction of a new road of four or more lanes, or reconstruction of an existing road as to provide fouror more lanes (where such new road, or reconstructed section of road would be 10 km or more in a continuouslength)

8.5. Construction of lines for the main public railway traffic8.6. Construction of airports and airfields with a basic runway length of 2100 m or more8.7. Construction of pipelines for the transport of gas, oil or chemicals with a diameter of 800 mm or more

and a length of 40 km or more8.8. Construction of overhead electrical power lines with a voltage of 110 kV or more and a length of 15 km

or more

9. Other types of proposed economic activity9.1. Groundwater abstraction (where the annual volume of water abstracted is equivalent to or exceeds 10

million cubic metres)9.2. Artificial groundwater recharge schemes (where the annual volume of water recharged is equivalent to

or exceeds 10 million cubic metres)9.3. Transfer of water resources between river basins where the amount of water transferred is equivalent to

or exceeds 100 million cubic metres/year or where the multi-annual average flow of the basin of abstraction isequivalent to or exceeds 2 000 million cubic metres/year and where the amount of water transferred is equivalentto or exceeds 5 % of this flow

9.4. Waste water treatment plants of cities, towns and villages with a capacity equivalent to or exceeding 50000 population equivalent

9.5. Installations for processing, usage, storage and disposal of radioactive waste, including the decommis-sioning of such installations

9.6. Installations for disposal or usage of hazardous waste9.7. Installations for disposal or usage of non-hazardous waste via incineration or chemical treatment (with

a capacity equivalent to or exceeding 100 tonnes per day)

Annex II ofRepublic of Lithuania Law No. VIII-1636 of

18 April 2000

LIST OF THE TYPES OF PROPOSED ECONOMIC ACTIVITIESTHAT SHALL BE SUBJECT TO THE SCREENING FOR OBLIGATORY

ENVIRONMENTAL IMPACT ASSESSMENT

1. Agriculture, silviculture and aquaculture1.1. Rearing of pigs (less than 900 but more than 200 places for sows, less than 3 000 but more than 700

places for other pigs)1.2. Livestock installations (more than 200 places for the animals)1.3. Rearing of poultry (less than 85 000 but more than 10 000 places for broilers, less than 60 000 but more

than 10 000 places for hens)1.4. Rearing of other poultry (more than 10 000 places for other birds)1.5. Fish farming (in the sea or in the ponds with an area of the site of more than 5 ha)1.6. Water management projects for agriculture including irrigation and land drainage projects (with an area

of more than 5 ha)1.7. Installation of ponds (amount of water held back or stored is less than 5 million m3 but more than 200

000 m3, or the area is less than 250 ha but more than 10 ha)1.8. Projects for the use of uncultivated land for intensive agricultural purposes (with an area of more than

0,5 ha)1.9. Implementation of combined projects for the restructuring of rural land holdings1.10. Initial afforestation and deforestation for the purposes of conversion to another type of land use (with

an area of more than 1 ha in the urban areas, and more than 10 ha in the rural areas)1.11. Reclamation of land from the sea

2. Extractive and processing industry2.1. Peat extraction (when the surface of the site is less than 150 ha but more than 0, 5 ha)2.2. Extraction or processing of natural gas ( when the amount extracted or processed is less than 500000 m3

per day)

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2.3. Quarrying and extraction of other mineral resources (when the surface of the site is less than 25 ha butmore than 0,5 ha)

2.4. Extraction of mineral or organic substances from the bottom of the sea, lake or rivers2.5. Deep drillings (geothermal drilling, drilling for water supplies, mineral water extraction, etc., except

drillings for investigating the stability of the soil)2.6. Underground mining

3. Energy industry3.1. Thermal power stations and other combustion installations, including industrial installations for pro-

ducing electricity, heat, steam or hot water (with an output of less than 300 MW, but more than 20 MW)3.2. Installations for pipelines carrying steam or hot water (with a length over 2 km)3.3. Installations for gas storage (with a capacity of more than 10 000 m3)3.4. Installations for storage (warehouses and storage grounds) of other types of fossil fuel (with a capacity

of more than 1 000 t)3.5. Briquetting of coal and lignite3.6. Installations for hydroelectric energy production or installations that use the hydroelectric energy (hy-

droelectric power stations, mills, sawmills) (with a maximum power of more than 0,1 MW)3.7. Installations for the harnessing of wind power for energy production (wind farms) with a height of more

than 10 m, (including vane length) or having 2 or more turbines

4. Production and processing of metals4.1. Processing of metallic ores4.2. Installations for the production of ferrous metals (including pig iron and steel), (primary or secondary

fusion and continuous casting)4.3. Installations for the processing of ferrous metals, including hot-rolling, forging, pressing, stamping,

profiling and application of protective fused metal coats4.4. Installations for the smelting or alloyage of non-ferrous metals (excluding precious metals), including

recovered products (refining, foundry casting, etc.) with a daily capacity exceeding 30 tonnes4.5. Installations for surface treatment of metals and plastic materials using an electrolytic or chemical

process (with annual capacity exceeding 50 000 m2)4.6. Manufacture and assembly of motor vehicles and manufacture of motor-vehicle engines (when the main

installation area exceeds 1 000 m2)4.7. Installations for the construction and repair of ships (shipyards)4.8. Installations for the construction and repair of aircraft4.9. Installations for manufacture or repair of railway equipment (when the main installation area exceeds 1

000 m2)4.10. Forging, pressing or swaging of metals by explosives

5. Industry of mineral construction materials5.1. Coke ovens (dry coal distillation)5.2. Extraction of asbestos and processing and transformation of asbestos and products containing asbestos:

for asbestos products - annual production is less than 20 000 tonnes of finished products, for friction material -annual production is less than 50 tonnes of finished products, and for other uses of asbestos - utilisation is lessthan 200 tonnes per year.

5.3. Installations for the manufacture of glass or glass fibre5.4. Installations for smelting mineral substances including the production of mineral fibres (with a daily

capacity exceeding 10 tonnes)5.5. Installations for manufacture of ceramics products (with a daily capacity exceeding 3 tonnes)5.6. Installations for the manufacture of cement5.7. Manufacture of concrete construction materials (with annual capacity exceeding 5000 m3)

6. Chemical industry6.1. Manufacturing of lubricants from crude oil6.2. Manufacturing or treatment of the following chemicals:- pharmaceutical products (daily capacity exceeds 1 tonne)- pesticides (daily capacity exceeds 5 tonnes)- paint and varnishes (daily capacity exceeds 10 tonnes)- elastomers (daily capacity exceeds 10 tonnes)- peroxides (daily capacity exceeds 5 tonnes)- intermediate products (daily capacity exceeds 10 tonnes)6.3. Building of storage facilities (warehouses and storage grounds) for petroleum, petrochemical and chemical

products with a capacity of less than 200 000 tonnes but more than 5000 tonnes)

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6.4. Manufacture of artificial leather or fibre

7. Food industry7.1. Manufacture of vegetable and animal oils and fats (with a daily capacity exceeding 5 tonnes)7.2. Packing and canning of animal and vegetable products (with a daily capacity exceeding 5 tonnes)7.3. Manufacture of dairy products, milk processing (with a daily capacity exceeding 50 tonnes)7.4. Malting and beer manufacture (with a daily capacity exceeding 10 tonnes of malt or 10000 l of beer)7.5. Manufacture of bread products (with a daily capacity exceeding 10 tonnes)7.6. Confectionery and syrup manufacture (with a daily capacity exceeding 5 tonnes)7.7. Sugar manufacture7.8. Installations for the slaughter of animals (with a daily capacity exceeding 10 tonnes of carcasses)7.9. Starch or starch products manufacturing (with a daily capacity exceeding 5 tonnes)7.10. Meat and fish processing (with a daily capacity exceeding 5 tonnes)7.11. Manufacturing of yeast (with a daily capacity exceeding 2 tonnes)7.12. Production of alcohol (with a daily capacity exceeding 1000 l)

8. Textile, leather, wood and paper industries8.1. Manufacturing of pulp8.2. Production of paper and board (with a daily production capacity of less than 200 tonnes but more than

20 tonnes)8.3. Treatment of fibres or textiles (with annual capacity exceeding 200 000 m2)8.4. Tanning of hides and skins (with a daily capacity exceeding 500 m2)8.5. Production of wood fibre board (with a daily capacity exceeding 5 000 m2), production of wood shav-

ings board (with a daily capacity exceeding 100 m3), production of plywood (with a daily capacity exceeding 50m3)

9. Rubber industry9.1. Manufacture and treatment of elastomer-based products (with a daily capacity exceeding 15 tonnes)

10. Civil engineering works10.1. Construction of overhead electrical power lines (with a voltage of less than 110 kV and a length of less

than 15 km but more than 3 km)10.2. Urban development projects, including the construction of shopping centres and complexes of car or

trolley-bus parks and garages (with a construction area exceeding 0,5 ha)10.3. Construction of elevated or underground railways (except lines for the main public railway traffic)

(with a length of more than 2 km)10.4. Construction of railway, motor, air or sea transport freight distribution or transshipment facilities or

terminals (with an area of more than 0,5 ha)10.5. Construction of airports and airfields (with a basic runway length of less than 2100 m)10.6. Construction of district level roads (with a length of more than 2 km)10.7. Construction of a new road of four or more lanes, or reconstruction of an existing road as to provide

four or more lanes (where such new road, or reconstructed section of road would be less than 10 km, but morethan 2 km in a continuous length)

10.8. Construction of sea ports, piers or terminals which can take vessels of less than 1350 tonnes but withan area of more than 1 ha

10.9. Construction of inland waterways, ports, piers or terminals which can take vessels of less than 1350tonnes but with an area of more than 1 ha

10.10. Deepening of the entrance channels and water space of sea ports10.11. Hydrotechnical flood-relief installations (with an area of more than 1 ha)10.12. Installation of tramways, underground railways or other types of lines used exclusively or mainly for

passenger transport (with a length of more than 2 km)10.13. Installation of suspended lines (e.g. for cable-cars or funiculars) used exclusively or mainly for

passenger transport (with a length of more than 500 m)10.14. Construction of pipelines for the transport of gas, oil or chemicals with a diameter of less than 800

mm and a length of less than 40 km but more than 2 km10.15. Installations of long-distance aqueducts (with a length of more than 1 km)10.16. Coastal installations for combating erosion or other types of coastal works capable of altering the

coast such as dykes, moles, etc.10.17. Groundwater abstraction (where the annual volume of water abstracted is less than 10 million cubic

metres but more than 350 000 cubic metres)10.18. Construction of bridges (with a length of more than 250 m)

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ANNEX

11. Other types of proposed economic activity11.1. Permanent racing or test tracks for motorised vehicles (with an area of more than 1 ha)11.2. Installations for disposal or usage of non-hazardous waste11.3. Waste-water treatment plants:- of cities, towns and villages with a capacity of less than 50 000 population equivalent but more than 2 000

population equivalent- surface waste water (rainwater) treatment plants (with waste water collected via canalisation network from

an area of 50 ha or more)- industrial waste water treatment plant11.4 Installations for deposition or utilisation of sludge from the waste water treatment plants or for other

types of contaminated sludge or site-selection for the utilisation (deposition) of such sludge11.5. Selection of the dumping sites for extracted soil11.6. Artificial groundwater recharge schemes (where the annual volume of water recharged is less than 10

million cubic metres)11.7. Transfer of water resources between river basins where the amount of water transferred is less than 100

million cubic metres/year or where the multi-annual average flow of the basin of abstraction is less than 2 000million cubic metres/year and where the amount of water transferred is less than 5 % of this flow

11.8. Installations for the storage of scrap iron, including scrap vehicles (with an area of more than 0,5 ha)11.9. Test benches for engines, turbines or reactors (with an area of more than 500 m2)11.10. Installations for the recovery or destruction of explosive substances, or selection of the sites for such

recovery or destruction11.11. Knackers' yards (with daily capacity of more than 10 animals)11.12. Production of galvanic batteries (with annual capacity of over 5 000 units)11.13. Lake purification and regulation of lake water level (when purified of regulated water area exceeds

0,5 ha)11.14. Extraction of sediments from the bottom of the sea or inner water bodies for such purposes as con-

struction, "beach-feeding" or industry.11.15. Industrial estate development projects with an expansion area of more than 0,5 ha).11.16. Production of ammunition11.17. Installation of television / radio transmitters and radars with a combined transmitting capacity of 20

kW and more11.18. Crematoria installations

12. Tourism and leisure12.1. Yacht or boat marinas (with an area of more than 0,2 ha)12.2. Holiday villages and hotel complexes outside urban areas (with an area of more than 0,5 ha)12.3. Permanent camp site installations (with an area of more than 1 ha)12.4. Theme parks (with an area of more than 0,5 ha)

13. A proposed economic activity included in the List of the Types of Proposed Economic Activities thatShall be Subject to the Environmental Impact Assessment, which is undertaken for the development or testing ofnew methods or products and not used for more than two years

14. Changing or extending the proposed economic activity (including reconstruction of existing construc-tion works, change or modernisation of production process or technologies, change of the mode of production,production type or capacities, implementation of new technologies and other changes which may have adverseeffects on the environment) included in the List of The Types of Proposed Economic Activities that Shall beSubject to the Environmental Impact Assessment or in the List of the Types of Proposed Economic Activitiesthat Shall be Subject to the Screening for Obligatory Environmental Impact Assessment.

* Nuclear power stations and other nuclear reactors cease to be such an installation when all nuclear fuel and other radioactively contaminatedelements have been removed permanently from the installation site

32

ANNEX

APPROVEDby the Order of the Minister of the Environment

of the Republic of LithuaniaNo. 263

June 30, 2000

METHODOLOGICAL GUIDELINESON THE SCREENING OF PROPOSED ECONOMIC ACTIVITY

I. APPLICATION EXTENT AND GENERAL PROVISIONS

1. These gudelines are applied when performing the screening of proposed economic activities for theobligatory environmental impact assessment (hereafter called "screening") [5].

2. Screening is performed for the planned economic activities that are included in the List of ProposedEconomic Activities that Shall Be Subject to the Screening for Obligatory Environmental Impact Assessment.

3. Screening may be performed also for the proposed activity that is not included in the Annexes of the Lawon Environmental Impact Assessment of the Proposed Economic Activity of the Republic of Lithuania if theparticipants of the environmental impact assessment process require it, and the competent authority, taking intoaccount the nature, size or proposed location of the economic activity, approves it.

4. The aims of the screening:4.1. to determine if environmental impact assessment is obligatory for a particular proposed economic activ-

ity that is included in the List of Proposed Economic Activities that Shall Be Subject to the Screening forObligatory Environmental Impact Assessment;

4.2. to ensure that the environmental protection issues are considered in the earliest stage of the planning ofthe economic activity thus enabling provisions for integrated impact prevention and avoidance measures insteadof technical negative impact abating solutions.

II. REFERENCES

5. In these Guidelines there are references to the Law on Environmental Impact Assessment of the ProposedEconomic Activity of the Republic of Lithuania (Þin., 1996, Nr. 82 - 1965; 2000, Nr. 39 - 1092).

III. DEFINITIONS

6. Definitions that are used in these Guidelines: "proposed economic activity", "organiser (developer) of theproposed economic activity", "preparer of the environmental impact assessment documents, obliged by theorganiser (developer) of the proposed economic activity", "environmental impact assessment", "environmentalimpact" are in accordance with definitions provided in the Law on Environmental Impact Assessment of theProposed Economic Activity of the Republic of Lithuania [5].

IV. PERFORMING OF THE SCREENING

7. Screening is performed by the competent authority (hereafter - Ministry of the Environment or otherempowered institution), taking into account information that is provided by the organiser (developer) of theproposed economic activity or the preparer of EIA documents.

8. This information shall be provided by the organiser (developer) of the proposed economic activity or thepreparer of EIA documents in accordance with Annex I of these guidelines.

9. If needed, Ministry of the Environment or other empowered institution may request from the organiser(developer) of the proposed economic activity or the preparer of EIA documents further information for thescreening.

10. Ministry of the Environment or other empowered institution shall fill Annex II of these Guidelines,taking into account information provided by the organiser (developer) of the proposed economic activity or thepreparer of EIA documents.

11. Annex II of these Guidelines is filled as following:11.1. firstly, a judgment is made about the screening factor, provided in the first column is relevant in this

particular case. The "Factor relevancy" section is then filled according to this judgement;11.2. In the column "Reasons", the specialist (-s) that are perfoming the screening shall provide a justified

opinion on whether the factor might determine the decision to require environmental impact asessment. Also,considerations regarding the significance of the impact in this particular case and information regarding thefactor (if possible - in a quantitative form) are provided in this column. When considering the the significance ofthe impact in a particular case, it is very important to take into account not only separate factors but also

33

ANNEX

interactions between them. This is critical when considering the interactions between the factors related to theproposed economic activity and its potential impacts with the factors related to the proposed location.

12. The screening decision of the Ministry of the Environment or other empowered institution regardingobligatory environmental impact assessment for a particular economic activity is then made, taking into accountthe reasons provided by filling Annex II. The main reasons and considerations on which the decision was basedshall be also provided in the decision itself.

13. If the Ministry of the Environment or other empowered institution together with the relevant parties ofenvironmental impact assessment is reconsidering the screening conclusion upon request of the organiser (de-veloper) of the proposed economic activity or upon justified proposals of the public, the final conclusion regard-ing the obligatory environmental impact assessment shall be prepared.

14. In order to ensure the screening objectivity, the conclusion transparency and to perform the control of theenvironmental impact assessment system, the Ministry of the Environment or other empowered institution shallkeep filled Annex II of the Guidelines as well as information provided by the organiser (developer) of theproposed economic activity or the preparer of EIA documents.

ANNEX I

INFORMATION THAT SHALL BE PROVIDED BY THE ORGANISER (DEVELOPER) OF THEPROPOSED ECONOMIC ACTIVITY OR THE PREPARER OF EIA DOCUMENTS

1. Information about the organiser (developer) of the proposed economic activity1.1. First name, second name1.2. Title of the enterprise1.3. Address, phone No., fax No., etc.1.4. Other information

2. Information about the prospective location of proposed economic activity1

2.1. Information about alternative locations of proposed economic activity.2.2. For each prospective location of proposed economic activity:2.2.1. land-site plan (M 1:10 000);2.2.2. topographic map of the environs (M 1:50 000);2.2.3. an excerpt from a territorial planning register (if there is a territorial planning document approved);2.2.4. information about the current land use;2.2.5. information about the existing infrastructure;2.2.6. protective status of the territory (e.g.: protected area, protective zone, etc.);2.2.7. information about historical, cultural or archaeological assets in the area.2.3. Other information

3. Information about the proposed economic activity1

3.1. Name, purpose, production, proposed investments3.2. Proposed technologies and capacities3.3. Information about proposed methods of connecting to the infrastructural objects3.4. Information about needed resources (both energetic and technological) and raw materials3.5. Phases and lifetime of the project3.6. Other information

4. Information about possible sources of impacts1

4.1. Generation of waste (amounts and categories)4.2. Information about usage or storage of hazardous (explosive, flammable, irritative, dangerous, toxic,

cancerogenic, etching, infective, teratogenic, mutagenic) substances4.3. Information about usage or storage of radioactive materials4.4. Noise, vibration, light, heat, ionizing non-ionizing (electromagnetic) radiation generated by the activity4.5. Information about potential impacts on the living or recreational environment or health of the inhabit-

ants4.6. Probabilities of fire or other emergencies (accidents) and proposed preventive measures4.7. Waste water, tentative amounts, water pollutants4.8. Generation of air pollutants, tentative amounts4.9. Soil pollution or erosion caused by the proposed activity4.10. Generation of physical and biological pollutants, tentative amounts4.11. Other information

34

ANNEX

Waste

Big amounts of waste will be generated dur-ing the operational phase of the project (indi-cate the waste category)

Hazardous waste will be generated during theoperational phase of the project

Radioactive waste will be generated duringthe operational phase of the project

The project will involve extensive earthworks

The project will require changes in primaryland use purpose

Adjacent land plot use contradictions arepossible

The project will require supplementary engi-neering or service infrastructure objects

The project will involve one or more deepdrillings2

The project will have big energy or naturalresources requirements

The object will be decommissioned after itslifetime

The project will involve funding from inter-national institutions (e.g. ISPA, SAPARD)

Factor Is the factor relevant? Might the factor determine the re-quirement for obligatory environ-mental impact assessment (argu-mentation, comments)? Yes No


5. Information about proposed impact mitigation measures1

5.1. Proposed measures for negative environmental impact prevention, mitigation or compensation

6. Other information1

6.1. Possible public discontent with proposed activity6.2. Impact of the proposed activity on the local labor market6.3. Impact of the proposed activity on the local demographic conditions6.4. Impact of the proposed activity on the local living or recreational environment and health / safety of the

inhabitants6.5. Technological, technical and impact mitigation alternatives considered by the organiser (developer) of

the proposed economic activity

ANNEX II

1. FACTORS, RELATED TO THE PROPOSED ECONOMIC ACTIVITY AND ITS POTENTIALENVIRONMENTAL IMPACTS

General factors

1 Generally, descriptive information shall be provided. Quantitative data is submitted only if it is available to the organiser (developer) already inthis phase of the project planning.2 Underground objects are considered as deep drillings when the drilling depth exceeds 300 m

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ANNEX

Noise, radiation, etc.


The project will generate noise, vibration,light, heat or radiation that can have negativeimpacts on the natural environment, human be-ings or material assets

Probability of emergencies (accidents)

Hazardous (flammable, explosive, toxic, ra-dioactive, cancerogenic, mutagenic) substanceswill be produced, used or stored

The project will increase probability of fires

There is high probability of emergencies (ac-cidents)

Atmosphere

The project will generate big amounts of at-mospheric pollutants (e.g. from usage of fuel,production process, construction activities,etc.)

The project will generate atmospheric pol-lutants that are causing the greenhouse effector ozone layer depletion

Biodiversity



The project will result in loss or damage ofhabitats (or ecosystems) of valuable or rare (en-dangered) species

The project will negatively affect animal feed-ing, migration or breeding

The project will generate noise, vibration,light or heat that will have negative effect onfauna

The project will cause the spread of pests orparasites


36

ANNEX

Water

The project will have negative effects on sur-face water or groundwater quality

The project will have negative effects on theamounts or flow of surface water or ground-water

The project will result in changes of hydro-logical conditions of surface water or ground-water

Changes of hydrological conditions or waterflow, caused by the project will have negativeeffects on natural habitats (e.g. fish spawningsites)

The project will have negatively affect avail-ability of water usage for fishing, navigation,recreation, etc.

Water is supplied from the centralised urbanwater supply network

Big amounts of water will be consumed

The project will generate big amounts ofwaste water

The project will involve water bodies deep-ening or course straightening that will adverselyaffect the environment



The project will cause erosion

The project will cause soil pollution

Relief and soil

Social and economic factors

The project will affect local labor market

The project will affect demographic charac-teristics of local inhabitants


37

ANNEX

Landscape

The project will have negative effects on theterritorial forest distribution or conditions ofthe forests

The project will have short-term negative vi-sual impact on the landscape that is of aesthetic,cultural heritage or other value

The project will have long-term negative vi-sual impact on the landscape that is of aesthetic,cultural heritage or other value

The project will have negative effects onmozaic properties (patterns) of the landscape

The project will have negative effect on therecreational resources

Other factors

The project might have negative effects onthe health of inhabitants

The project will have negative effects on thelocal cultural assets

There might be a public discontent

The project might have transboundary im-pacts

The project is more of than local importance

The project will establish a precedent for fu-ture activities, i.e. additional environmentalimpacts (e.g. synergistic impacts)

The project will use significant amounts ofnatural resources and therefore might result inshort supply of these resources

Additional factors:---



38

ANNEX

The proposed site of the project is located inor near a protected area3

The proposed location is an area of cultural,archeological or historical value

The proposed location is in a densely popu-lated area or in an area of high environmentalsensitivity

The proposed location is in an area with ahigh density of industrial objects

2. FACTORS, RELATED TO THE PROPOSED SITE OF THE ECONOMIC ACTIVITY

General factors


Water

The proposed site is located close to a wet-land

The proposed site is located in a water bodyprotection belt

The proposed site is located in a protectivesanitation zone of a water intake site

The proposed site is located in an area ofgroundwater infiltration

The proposed site is located in an area wherethe water quality standards are exceeded


Relief and entrails of the earth

The proposed site is located in an area sus-ceptible to erosion

The proposed site is located in a carst region4

The proposed site is located in an area withprospected deposits of organic or mineral re-sources


39

ANNEX

Atmosphere

The proposed site is located in an area wherethe ambient air pollution limit values are ex-ceeded

Biodiversity

The proposed site is located in an area of habi-tats (or ecosystems) of valuable or rare (en-dangered) species

3 Screening cases when the proposed project site is located in a protected area shall be considered as particularly significant4 Screening cases when the proposed project site is located in a carst region shall be considered as particularly significant



Landscape

The proposed site is located in an area with alandscape that is of aesthetic, cultural heritageor other value


Other factors:

-

-

-


40

ANNEX



June 30, 2000

REGULATIONS ON PREPARATION OF THE ENVIRONMENTAL IMPACT ASSESSMENTPROGRAM AND REPORT

I. APPLICATION EXTENT AND GENERAL PROVISIONS

1. These regulations are applied when preparing the program of environmental impact assessment (hereaftercalled "program") and report [3].

2. Program and report is prepared whenever environmental impact assessment is obligatory [3]:2.1. when the proposed economic activity is included in the List of the Types of Proposed Economic Activi-

ties that Shall Be Subject to the Environmental Impact Assessment;2.2. when the proposed economic activity is included in the List of Proposed Economic Activities that Shall

Be Subject to the Screening for Obligatory Environmental Impact Assessment and the Ministry of the Environ-ment or other empowered institution after performing the screening decides that environmental impact assess-ment is obligatory for this activity;

2.3. when the participants of the environmental impact assessment process require that screening for obliga-tory environmental impact assessment shall be performed also for the proposed activity not included in the Listsreferred to in paragraphs 2.1 and 2.2 and the Ministry of the Environment or other empowered institutiondecides that environmental impact assessment is obligatory for this activity.

II. REFERENCES

3. In these Guidelines there are references to the Law on Environmental Impact Assessment of the proposedEconomic Activity of the Republic of Lithuania (Þin., 1996, Nr. 82 - 1965; 2000, Nr. 39 - 1092).

III. DEFINITIONS

4. Definitions that are used in these Guidelines: "proposed economic activity", "organiser (developer) ofthe proposed economic activity", "preparer of the environmental impact assessment documents, obligedby the organiser (developer) of the proposed economic activity", "environmental impact assessment","environmental impact" are in accordance with definitions provided in the Law on Environmental ImpactAssessment of the proposed Economic Activity of the Republic of Lithuania [3].

IV. PREPARATION OF THE ENVIRONMENTAL IMPACT ASSESSMENT PROGRAM

5. The program is prepared by the organiser (developer) of the proposed economic activity or the preparer ofEIA documents in accordance with these Regulations and their Annex "Recommended Structure and Scope ofthe Environmental Impact Assessment Report".

6. The aims of the program preparation are:6.1. to determine the contents of the environmental impact assessment report (hereafter called "report"), its

scope and the topics that are investigated in it;6.2. to ensure that only significant environmental impacts will be extensively investigated the report and that

the report will include all information that is required to make a justified decision if the proposed economicactivity by virtue of its nature and environmental impacts, may be carried out in the chosen site;

6.3. to provide incentives for considering negative environmental impact prevention and mitigation mea-sures and alternatives in the early stage of the planning of the economic activity;

6.4. to plan the methods that will be used to predict of environmental impacts of the proposed economicactivity, to determine their significance and for their assessment;

6.5. to facilitate further procedures of project preparation and planning that shall be performed by the organiser(developer) of the proposed economic activity and to ensure that the relevant parties of the environmentalimpact assessment can participate in the process and provide their conclusions in proper time.

7. The program shall include characterisation of the main alternatives studied by the organiser (developer)

41

ANNEX

of the proposed economic activity or the preparer of EIA documents, and an indication of the main reasons forthis choice, taking into account the best available techniques and potential environmental effects

8. According to the topics provided in the Annex of these Regulations, the prepared program shall includeinformation that later in the report will fully characterise the proposed economic activity and its potential envi-ronmental impacts. The program should also include the topics that are not provided in the Annex of theseRegulations, if information on these topics is planned to be provided in the report and if such information mightinfluence conclusions of the relevant parties of the environmental impact assessment or decision the Ministry ofthe Environment or other empowered institution regarding possibilities to carry out the proposed economicactivity in the chosen site.

The program shall also include general information about the prospective location of proposed economicactivity; a description of the activity and its technical characteristics; a description of possible interaction be-tween the proposed activity and other economic activities; information about measures envisaged to avoid,reduce or offset negative environmental effects or their consequences, and a reference to the stages of theplanning of the economic activity and technical design project preparation.

Depending on the specifics of the proposed economic activity (its size, nature or prospective location) andinformation available in this stage of the planning process or technical design project preparation, the structureof the program and information provided in it might differ from that required by the Annex of the Regulations.

V. PREPARATION OF THE ENVIRONMENTAL IMPACT ASSESSMENT REPORT

9. The report is prepared by the organiser (developer) of the proposed economic activity or the preparer ofEIA documents, in accordance with the program ratified by the competent authority.

10. The report shall include:10.1. information about the organiser (developer) of the proposed economic activity;10.2. information about the preparer of EIA documents;10.3. detailed information according to the topics of the program;10.4. analysis of the investigated alternatives;10.5. a plan for environmental monitoring;10.6. according to the Annex of the Regulations - other information that shall be included in the report (e.g.

a description of difficulties (technical or practical deficiencies) encountered by the organiser (developer) of theproposed economic activity or the preparer of EIA documents in performing the environmental impact assess-ment).

11. At least several alternatives (e.g. alternative locations, timings, technical and technological solutions,environmental impact mitigation measures) shall be investigated in the report, including the "zero" alternative,that refers to the environmental conditions and natural changes in the environment if the activity is not carriedout and is used as the environmental baseline evaluation and a base for assessment and comparisons.

12. According to the Annex of these Regulations, it is also recommended to attach maps, diagrams, draw-ings, plans or to employ other methods of graphical data presentation.

ANNEX

RECOMMENDED STRUCTURE AND SCOPE OF THE ENVIRONMENTAL IMPACTASSESSMENT REPORT

1. GENERAL INFORMATION

Information about the organiser (developer) of the proposed economic activity: name and address of thecompany; first name, second name, phone and fax of a contact person.

Information about the preparer of EIA documents: name and address of the company (enterprise); firstname, second name, phone and fax of a contact person.

Name and description of the proposed economic activity. Stages of the activity (construction, operation,decommissioning), their sequence and duration.

Duration of the operational (object exploitation) phase.Relation between the program and report preparation and the stages of the planning of the economic activity

and technical design project preparation.Information about production and resources used for energy production purposes (fill in Table 1.1).

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ANNEX

* According to the Law on Chemical Substances and Preparations of the Republic of Lithuania (Þin. , 2000, Nr. 36-987)

Table 1.1. Information about production and demand for energy resources

Production Resources used for energy production purposes

Name Annual amount Name Annual amount Source

Black oilNatural gasLiquified gasCoalFurnace fuelGasolineElectrical energyThermal energyDiesel fuelBiofuelOther

Information about raw materials, chemical substances or preparations (fill in Table 1.2).

Table 1.2. Information about raw materials, chemical substances or preparations

Information about physical and biological pollutants generated by the activity that affect the environment(fill in Table 1.3)

Table 1.3. Physical and biological pollution generated by the activity

Classification and labelling of the chemicalsubstance or preparation*

Annualamount

Name of the raw material,chemical substance or

preparationCategory Hazard reference Risk phrases

Pollu-tion

abate-mentmea-sures

Calculated pollution caused by theactivity and abatement measures

Pollutiontype

Nameof thepollu-tion

source

Amountof thepollu-tion

sources

Maximumallowablepollution(harmless

to theenviron-ment andhumans)

Ambientpollution

of theenviron-

ment

in the ter-ritory of

the object(by thebounda-

ries)

in theprotec-

tivesanita-

tion zoneof theobject

in the residential,recreational territory, with

the ambient pollutiontaken into account

withoutpollutionabatementmeasures

with pollutionabatementmeasures

implemented

Noise

Electromagneticradiation

Ionizingradiation

Biological pol-lution (micro-organizms, viruses)

Other physical andbiological pollution

Description of the main alternatives studied by the organiser (developer) of the proposed economic activity,and an indication of the main reasons for this choice.

Geographical and administrational location of alternative sites.

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ANNEX

For each examined site alternative: information about current land use, existing infrastructure, natural, his-torical, cultural or archaeological values, protective and land-use status of the territory (e.g.: protected area,protective zone, etc.).

Information about the territorial (physical) planning documents of the studied territory (-ies) (the documentapproval date, regulations provided by the document).

Information about proposed methods of connecting to the infrastructure objects.

2. TECHNOLOGICAL PROCESSES

Description of the proposed technological processes, techniques and equipment. Their comparison andevaluation of their viability according to the best environmental practice and the Best Available Techniques(BAT) in the EU (in accordance with relevant documents on BAT and the Integrated Pollution Prevention andControl (IPPC) databases (e.g. the IPPC bureau in Seville)).

Description of the implementation of technological measures for relevant types of activities provided in therecommendations of Helsinki Commission (HELCOM) according to the techniques proposed by the developer.

Limit values that are reached by the techniques proposed by the developer and the BAT (fill in Table 2.1).

Table 2.1 Limit values of relevant parameters (energy and water consumption, pollutants that are emittedinto the atmosphere and water, waste generation) that are reached by the techniques proposed by the developerand the BAT

Limit valuesParameter,unit1 Techniques proposed by the

developerBest Available Techniques

(BAT) in the EUAccording to HELCOM

recommendations

1 2

1 Energy consumption - GJ/production or raw material unit; water consumption - m3/ production or rawmaterial unit; atmosphere pollutants - mg/m3 or g or kg/ production or raw material unit; water pollutants - mg/l or g or kg/ production or raw material unit; generated waste - kg/ production or raw material unit.

3. WASTE

Generation of waste, waste management, disposal and usage (according to the Regulations on Waste Man-agement (Order of the Minister of the Environment No 217, 1999 07 14) (fill in Table 3.1).

Table 3.1. Waste management

WasteWaste storage in

the objectProposed

methods ofwaste

managementName Amount State ofaggregation

(solid, liquid,paste)

Codeaccording

to theWaste List

Statisticalclassifica-tion code

Hazard-ousness

Maximumamount

t/day t/year

Storagecondi-tions

4. POTENTIAL IMPACTS OF THE PROPOSED ECONOMIC ACTIVITY ON THECOMPONENTS OF THE ENVIRONMENT AND IMPACT MITIGATION MEASURES

Description and analysis of potential environmental impacts of the proposed economic activity (during bothconstruction and operational phases). Any significant impact shall be investigated (direct, indirect, cumulative,permanent, temporary, reversible, irreversible, positive or negative, etc.), indicating the methods of impact pre-diction and assessment.

It is recommended to use quantitative expressions of negative or positive impacts on the natural or anthro-pogenic environment.

Description and analysis of measures envisaged to prevent (avoid), reduce or offset negative environmentalimpacts. Such measures shall be defined for each environmental component that might be adversely affected bythe proposed economic activity.

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ANNEX

4.1. Water

Hydro-geological conditions of the location:- groundwater conditions, dynamics, chemical composition, assessment of contamination (quality class);- characteristics of the artesian water, exploited horizons, distance to the water intake sites, water abundance

in the territory.Basic information about the surface water bodies: name of the waster body, area (ha), volume (thousands of

m3), average and maximum depth, etc.Basic information about groundwater: horizon (name, index), location depth, capacity, water resources as

approved by the State Natural Resources Commission, etc.Description of water supply sources (groundwater, surface water bodies, municipal (or other) water supply

(technical conditions), surface (rain) wastewater, etc.)Description of the melioration-drainage systems.Hydrotechnical installations: type, pressure height, technical status, etc.Water circulation and repeated water usage systems.

Water demand (fill in Table 4.1.1).Motivation of groundwater (drinking water) usage for production purposes.Water improvement (preparation) measures.Motivation of proposed water supply method.Information about the in-take water quality: physical, chemical, microbiological and other indicators.Indicators of ambient pollution (fill in Table 4.1.2) of the surface water body that is used as a water supply.

Calculated environmental yield of the surface water body.Other current and proposed water users that are located in the potential water-intake impact zone.

Wastewater managementDescription of wastewater generation sources.Amounts and physical-chemical characteristics of generated and discharged wastewater (household, indus-

trial, surface, etc.) (fill in Table 4.1.3). Non-uniformity of waste generation.Wastewater management methods (description of proposed collecting system, treatment facilities, discharge

site (basin, distance from the river mouth, etc.), management of generated sludge, initial treatment of industrialwastewater, re-use of wastewater, measures that will be used to decrease amounts of wastewater and pollutants,etc. (fill in Table 4.1.4)

Description of the wastewater recipient (name or other type of identification, wastewater reception characteris-tics, requirements and normatives for the usage and protection of the recipient, other data (fill in Table 4.1.5)

Technical conditions for discharging wastewater in the sewage network of other objects.

Potential (predicted) impactPredicted water intake impacts on the hydrological and hydrogeological conditions of the location. Second-

ary impacts on the components of the environment caused by the predicted changes in hydrological andhydrogeological conditions of the location.

Predicted impacts on the ecosystems of the water bodies and coastlines caused by the generated and dis-charged wastewater.

Water consumption in the potential wastewater discharge impact zone (recreational territories, water intakesites, protected areas, other users).

Volumes of potential accident spills of polluting substances into the water bodies (description of potentialdamage).

Impact mitigation measuresMeasures envisaged for ensuring the calculated environmental yield of the surface water body.Other measures envisaged for mitigating impacts on the water bodies and their coasts.Surface water bodies protection belts and zones, protective sanitation zones of water intake sites and bore-wells.Measures envisaged for preventing potential accident spills of polluting substances into the water bodies.

Drawings and maps of the "Water" chapterSituation plan with indicated water supply sources, water intake sites, wastewater treatment facilities, waste-

water discharge sites, surface water bodies protection belts and zones, protective sanitation zones of waterintake sites; for agricultural objects - sewage and manure utilization sites, proposed wastewater yield measure-ment and sampling sites.

Situation plan with indicated existing, designed and planned to be demolished buildings, engineering net-works, buildings and facilities, hazardous substances and waste storage, recovery and utilization sites.

Drawing of the vertical planning of the territory

45

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Raw (fresh) water used RecycledTechno-logicalprocess

Water source(supplier)

Total waterconsumption(columns 4,

10, 11)Totals For

householdneeds

Groundwater Surfacewater

For industrial needs

For supplementing circulationsystems

Groundwater Surface water

Enterprisewater

Water fromother

objects

Comments

1 2 3 4 5 6 7 8 9 10 11 12

Name, status of thewater body

Year Environmental yield Average yield of the driestmonth, 95% probability, m3/s

Ambient pollution Maximum allowedconcentrationin the water

body (MAC), mg/lIndicator Concentration,mg/l

1 2 3 4 5 6 7

1 2 3 4 5 6 7 8 9 10 11 12 13 14

Discharged wastewater Directed for recyclingWastewater source,technological process

Total wastewatergenerated

Municipal CommentsIndustrial Surface In this object In other objects

m3/d m3/yr m3/d m3/yr m3/d m3/yr m3/d m3/yr m3/d m3/yr m3/d m3/yr

Table 4.1.1. Water consumption balance m3/d; m3/yr.

Table 4.1.2. Surface water body condition

Table 4.1.3. Wastewater balance

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Table 4.1.4. Information about wastewater generation and treatment

Table 4.1.5. Indicators of the discharged wastewater mixture in the recipient

Name of the recipient (surface water body) ....................................

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16

t/yr

Wastewaterrecipient

Wastewaterdischarger

Wastewa-ter type

Wastewater amount Contamination of the untreated wastewa-ter

Wastewatertreatment method,

capacity of thewastewatertreatment

facilities, m3/d

Treated wastewater

Pollutant Pollutantconcentration,

mg/l

Pollutantamount

Pollutant concentration,mg/l

Pollutantamount

Reduction of thepollutant amount,

%, t/d., t/yr

t/d t/yr

m3/dm3/h m3/yraverageannual

max.momentary

t/d

1 2 3 4 5 6 7 8 9 10 11 12 13 14

Maximum amountof the pollutant thatcan be received by

the recipient

Dilutionof the

wastewa-ter

times

Pollution concen-tration in the

calculated sectionof the water body

after mixing,mg/l

Maximum allowableconcentration of the

pollutant in thewastewater dischargedinto the recipient, mg/

l(MAC)m3/h m3/d m3/yr

Distance fromthe discharger to

the calculatedsection of thewater body,km

Amount ofwastewater

Pollutants in the dischargedwastewater

Ambientconcentration

of the pollutantin the

recipient*mg/l

Pollutant Pollutant concentration,mg/l

t/d t/yraverageannual

max.momentary

Wastewaterdischarger

* If the enterprise is under reconstruction, ambient pollution concentration of the wastewater recipient water is determined in a site situated upstream from the wastewater discharge site

47

ANNEX

4.2. Environmental air (atmosphere)

Climatic and meteorological conditions of the location. Information about air temperature, precipitation,dominant wind, sun radiation, ambient air pollution.

Potential (predicted) impacts

Generated air pollutantsBrief characteristics of stationary and mobile, organised and non-organised sources of pollution.For an operating object (reconstruction, extension projects) - data from the inventory of air pollutants dis-

charge / emission sources.Calculations of the amounts of emitted pollutants (usually in the form of tables) with indication of fuel and

raw materials consumption, their types, types of technological and energy production equipment, operatingconditions, pollution calculation formulas (or references to the methodologies approved according to the cur-rently established order or to other legal acts), coefficients, other characteristics required for calculations, andthe results of calculations.

Calculated amounts of pollutants emitted from the stationary pollution sources shall be presented in Table 4.2.1.Mobile pollution sources that are planned to be used for carrying out the activity, pollution from these

sources.Maximum allowed concentrations (MAC) or orientative non-hazardous levels (ONL) (according to the HN

35 - 1998 "Maximum allowed concentrations of the pollutants of the air of residential environment") of pollut-ants into the air of residential environment.

A list of the groups of pollutants, including emissions from the object and neighbouring enterprises as wellas ambient pollution, that have the add-up effect (according to the HN 35 - 1998 "Maximum allowed concentra-tions of the pollutants of the air of residential environment").

Environmental air pollution forecastThe following data shall be provided for calculations of maximum by-ground concentrations of the pollutants:- methodology of calculation, software that was used;- values of the coefficients required for the calculations;- coordinates of the area (or separate points) for which dispersion of the air pollutants is calculated;- data on the ambient air pollution.Calculations of maximum by-ground concentrations of emitted pollutants and pollutant groups that have the

add-up effect (including pollutants emitted by the object):- emitted pollutants;- emitted pollutants, including ambient air pollution.Analysis of the by-ground pollutant concentration calculation results.Normatives of the allowable emissions into the air (with ambient pollution estimated) (fill in Table 4.2.2).

Impact mitigation measuresTechnical solutions of environmental air pollution control (pollution abatement, treatment of emitted gas,

improvement of the emission parameters, etc.). If there are alternative technical solutions, reasons for the choiceshall be provided.

Proposed facilities for the treatment of emitted gas, their efficiency (fill in Table 4.2.3).Air pollution mitigation under unfavourable pollution dispersion conditions.Protective sanitation zones (PSZ). PSZ size according to the normatives. Amended PSZ size, taking into

account the impact of the proposed activity on the environment and human health.Description of the proposed PSZ - information about residential areas in the zone, about other existing or

proposed economic activities in the zone.Other measures envisaged to mitigate impacts on the environmental air.

Drawings and maps of the "Environmental air" chapterSituation plan covering a territory with a radius of no less than 2 km from the object of the proposed

economic activity. If the height (H) of the pollution source is more than 40 m, the situation plan shall cover aterritory with a radius of no less than 50 H.

The situation plan shall include the following: the object of the proposed economic activity, pollution sources(if it is possible to indicate them), protective sanitation zone (the one defined according to the normatives, andthe amended one), the wind rose, existing recreational zone, objects of economic activities emissions fromwhich have been estimated in the pollution calculations.

A map-diagram of maximum possible by-ground concentrations of the emitted pollutants, with an indica-tion of the proposed object, isolines of the amended protective sanitation zone and of the concentrations ofseparate pollutants and pollutant groups that have the add-up effect (it can be represented in the situation plan).

48

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1 2 3 4 5 6 7 8 9 10 11 12 13

Volumeyield,m3/s

Name of theworkshop, sector,

technologicalprocess

Pollution generation sources Pollution sources Parameters of exhaust gases

Name Amount,(units)

Annualoperationtime, hr

Pollutantsgenerated

Pollut-ants

codes

Amounts ofthe pollutantsgenerated, t/yr

Height,m

Exhaustmouth

diameter,m

Speed,m/s

Tempera-ture,

oC

Name

14 15 16 17 18 19 20 21 22 23 24

Dimensions and coordinates X, Y of the pollution source (local coordinate system) Amounts of pollutants emitted

Point source or the beginningof a linear source, m

End of a linear source,m

Plane source

Symmetry center, m Length, m Width,m Angle between thesource length and the

OX axis (degrees)

Singulary (control) amount Annual, t/yr

g/s (mg/m3 )YYYX X X

Table 4.2.1 (Part 1). Stationary environmental air pollution sources, generated and emitted pollutants

Table 4.2.1 (Part 2). Stationary environmental air pollution sources generated and emitted pollutants

Note: if the amounts of pollutants are estimated without a detailed definition of pollution sources, then, according to the data from an analogous object, dimensions and coordinates ofthe symmetry center of a relevant equipment group or polutants emission sources of a workshop are indicated respectively in columns 9, 10 and 14...22.

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ANNEX

Table 4.2.2. Allowed air pollution normatives (Temporarily allowed pollution (TAP) from the object of theproposed economic activity is not to be determined).

Notes: 1. Shaded squares shall not be filled in.2. Other pollutants are registered in alphabetical order.

Table 4.2.3. Exhaust gases treatment facilities, environmental air pollution prevention measures

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Pollutant Allowed pollution normatives

Singulary (control) Annual,No. Name Code g/s (mg/m3) t/yr

1 2 3 4 5

1. Carbon monoxide (CO) 177

5917

6069

Totals:

2. Nitrogen oxides (NOx ) 250

5872

6044

Totals:

3. Sulphur dioxide (SO2 ) 1753

5897

6051

Totals:

4. Solid particles (generated during combustionof solid, liquid or gas fuel or waste) 6493

6486

Solid particles 4281

Totals:

5. Vanadium pentoxide 2023

6037

Totals:

Other pollutants:

6.

7.

�

Totals:

Name of thepollution

source

Name and type ofthe treatment

facility

Immobilised(recovered)pollutants

Efficiency accordingto the technical design

documentation

Other pollutionpreventionmeasures

1 2 3 4 5

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ANNEX

4.3. Soil

Characteristics of dominating soils (types, granulometric composition, water permeability, density).Soil chemical conditions (pH, amount of soil organic material (humus), biogenic substances), biological

activity, ambient pollution.Vulnerability and resistance of dominating soils.

Potential (predicted) impactsArea, thickness and volume of the fertile layer of soil that is removed during any phase of the proposed

activity (e.g. construction, operational phase). Site of temporary storage of this layer, storage time period, poten-tial impact of such removal on the components of the environment.

Soil pollution caused by stationary or mobile pollution sources of the proposed economic activity (chemical,entomological, parasitological, microbiological, radiation, etc.), types and amounts of pollutants.

Predicted impacts caused by the pollution, taking into account dominating soil types. Accumulation andmigration of soil pollutants.

Physical (mechanical) impacts on soil caused by the proposed activity. Predicted changes of the factorscausing water or wind erosion. Soil compaction, stomping, mixture of soil layers, soil density changes.

Changes in biological soil activity, its quality, vulnerability and resistance.

Impact mitigation measuresProposed use of the removed soil layer (e.g. recultivation).Measures envisaged for mitigating soil pollution and impacts caused by such pollution.Measures envisaged for mitigating physical impacts on soil.Other measures of mitigating soil impacts.

Maps of the "Soil" chapterA map-diagram with an indication of dominant soils, granulometric composition, proposed removal of the

fertile soil layer, its storage and re-use, current ant predicted erosion.

4.4. Underground (geology)

Characterisation of the underground conditions of the location: relief formations, soil composition, origins,occurrence conditions.

Tectonic structure, neotectonic activity, seismologic activity.Underground (groundwater) protection.Underground pollution (including subsoil rocks).Underground qualities.Underground resources (comprehensively and preliminary prospected, forecasted and detected)Conditions for natural resources extraction.Reference of the underground resources to the protected and recreational territories of valuable landscapes.Engineering - geological conditions.Geological processes (landslide, erosion, wash-out, carst).Valuable, protected geological objects.

Potential (predicted) impactsDirect impacts on the underground (geological) components.Impacts of the changes in geological environment on other components of the environment (hydrological

conditions, hydrological network, wetlands, biotopes, etc.) caused by the proposed economic activity.

Impact mitigation measuresMeasures envisaged for mitigating impacts of the proposed economic activity on the underground (site

selection, recultivation, renaturalisation, etc.).

Maps of the "Underground (geology)" chapterGeological map.Geological - lithological (for the extraction of natural resources) or engineering-geological (for construction

works) cross sections.Localisation of underground resources.Underground vulnerability.Localisation of valuable, protected geological objects and processes, other problematic areas.

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ANNEX

4.5. Biodiversity

Information about biotopes of the location: forests, meadows, wetlands, water bodies (lakes, rivers, ponds),sands.

Information about local flora. Age and type of the forests, species composition. Habitats of plant species thatare included in the Red Book. Local and introduced species. Plant species of economic significance, theirresources. Protected greenery, grass-plots.

Information about local fauna. Habitats of animal species that are included in the Red Book. Species ofbirds, mammals, fishes, amphibia, reptilia, inverterbrates. Hunted animals (game), valuable fish species, theirresources. Migration routes. Animal gathering, breeding, feeding, resting, and wintering sites.

Information about local fungi (mushrooms), their species. Most valuable and commonly gathered species ofmushrooms, their resources.

Potential (predicted) impactsChanges of the area (ha, a) of forests, meadows, wetlands, water bodies (lakes, rivers, ponds), sands caused

by the proposed economic activity. Potential impacts on the natural environment.Changes of the forest area (%, ha) caused by the proposed economic activity. Changes of the age, species

composition and type of the forests, impacts of these changes on the natural environment.Destruction, alteration of the habitats of plant species that are included in the Red Book.Changes of and damage to the plant populations.Changes in the species composition: local and introduced species, expansion of invasive species.Changes of the resources of plant species of economic significance.Flora degradation caused by the physical factors (lack of light, soil stomping, changes in hydrological con-

ditions, etc.), potential impacts of such damage on the natural environment.Destruction, alteration of the habitats of animal species that are included in the Red Book.Damage to the species and populations of birds, mammals, fishes, amphibia, reptilia, inverterbrates.Dynamics of the resources of hunted animal (game) species, valuable fish species. Dynamics of animal

resources.Destruction of migration routes.Animal gathering, breeding, feeding, resting, and wintering sites, living space reduction.Damage to, changes of the fungi species. Changes of the resources most valuable and commonly gathered

species of mushrooms. Changes in resources of mushrooms.Threat of the mass destruction of natural environment in case of an accident.

Impact mitigation measuresMeasures envisaged to mitigate impacts caused by the changes of the area (ha, a) of forests, meadows,

wetlands, water bodies (lakes, rivers, ponds) and sands.Protection, restoration of species included in the Red Book.Protection, restoration of valuable biological resources.Measures envisaged to protect and restore migration routes.Measures envisaged to avoid or mitigate flora degradation.Measures envisaged to protect and restore animal gathering, breeding, feeding, resting, and wintering sites.Replanted trees, planted grass-plotsMeasures envisaged to protect water animals during water in-take from open water bodies.Other measures envisaged to mitigate impacts on biodiversity.

Maps of the "Biodiversity" chapterMaps (drawings) with an indication of habitats and migration routes of the Red Book species, changes of the

area (ha, a) of forests, meadows, wetlands, water bodies (lakes, rivers, ponds), sands.

4.6. Landscape

Information about the landscape type, regionality, mozaics, diversity. Relief and geomorphologic character-istics of the location. Characteristics of the hydrological network.

Forest areas in the location.

Potential (predicted) impactsLandscape patterns, land use structure, its changes. Impacts of these changes on the landscape stability.Land use explication of the proposed economic activity site (fill in Table 4.6.1).

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Table 4.6.1. Land use explication of the proposed economic activity site.

The ratio of natural and semi-natural territories (forests, wetlands, waters, etc.) to urbanised territories (built-up territories, roads), changes of this ratio.

Impacts of the proposed economic activity on the mozaics of the landscape, biotope fragmentation, eco-tones, aesthetical value of the landscape.

Potential impacts of the proposed economic activity on the natural framework (area of the natural frame-work, the ratio of the network to the proposed (planned) territory).

Relations between the proposed economic activity and protected territories (reservations, national parks,regional parks, strict nature preserves, buffer and protective zones, biosphere monitoring territories), predictedimpacts on these territories and on their protection and usage status.

Relations between the proposed economic activity and natural-recreational territories (recreational forests,greenery of common usage, forest parks, water bodies, camping places), predicted impacts on these territoriesand on their usage status.

Actual (potential) visibility of the proposed economic activity site from different observation places.Number (abundance), diversity and resistance of the observation spots to big numbers of visitors, setting out

the observation spots, landscape management fellings.

Impact mitigation measuresFeasibility, dimensions and measures of recultivation and renaturalisation of degraded territories.Feasibility and measures of restoration of degraded territories of the natural framework.Usage of the proposed economic activity territory for recreational purposes.Impact avoidance measures (object site selection, site planning, selection of proper design, materials and

construction types, modelling of the interactions between relief and buildings, planting of greenery in the objectterritory, increase of the aesthetic ecological potential).

Other measures envisaged to mitigate impacts on the landscape.

Maps and diagrams of the "Landscape" chapterA drawing with an indication of the land use structure, its changes and protection.A map with an indication of impacts of the proposed activity on the natural framework and protected territories.A map/drawing with an indication of estimated impacts on the aesthetical and recreational resources.A scheme with an indication of planting greenery in the territory.

4.7. Social and economic environment

Potential impact of the proposed economic activity on local demographic characteristics.Number of inhabitants (population) in the impact zone, population changes.Permanent and visiting inhabitants. Migration tendencies in the impact zone.Impact zone population characteristics (distribution according to the age, sex, education, family size, ethnic

groups).

Area (ha)

Land use Before carrying outthe proposed activity

(construction orreconstruction)

After carrying out theproposed activity

(after construction orreconstruction)

Renaturalised(recultivated)

Agricultural:arable landgardensmeadows and natural pastures

ForestsRoadsBuilt-up territory (yards, land under the buildings)WaterOther land:

planted trees and busheswetlandsdamaged landunused land

In total:

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ANNEX

Potential impacts of the proposed economic activity on local economic conditions, labour markets andunemployment dynamics.

Local investments, their dynamics.Land prices in the territory under investigation (residential, commercial, industrial areas), their dynamics.

Housing (residential, commercial, industrial) prices, their dynamics.Potential impacts on economic activities (agriculture silviculture, aquaculture, recreation, tourism, munici-

pal, industry (heavy, light, manufacturing, etc.) transport, mining, construction of dwelling houses (single- andmulti-story), trade (wholesale and retail).

Potential impacts of the proposed economic activity on local living conditions.Possible public discontent with the proposed activity.Information about sickness rates of local inhabitants. Potential impacts of the proposed economic activity on

health conditions of the inhabitants (e.g. environmental quality changes, noise, food quality decline).

Impact mitigation measuresMeasures envisaged to mitigate impacts of the proposed economic activity on social and economic environ-

ment.

4. 8. Ethnic and cultural conditions, cultural heritage

Potential impacts of the proposed economic activity on ethnic and cultural conditions.Potential impacts of the proposed economic activity on the objects of cultural heritage, archaeological and

historical monuments.

5. ANALYSIS OF ALTERNATIVES

Description of the alternatives (alternative locations, timings, technical and technological solutions, envi-ronmental impact mitigation measures, etc.) studied by the organiser (developer) of the proposed economicactivity and an indication of the main reasons for this choice, taking into account potential environmental im-pacts.

Analysis and comparison of the alternatives investigated by the developer, taking into account their impactson the components of the environment and interactions between them.

Separate factors of each phase of the proposed economic activity on a relevant component of the environ-ment shall be analysed, assigning relative significance values depending on the impact magnitude, duration,reversibility, viability and efficiency of mitigation measures.

Depending on the type of the proposed activity, relevant methods shall be applied for analysis and compari-son of the alternatives, such as checklists, matrices, maps (including overlay maps), computer-based mathemati-cal models (including Geographical Information Systems (GIS)), methods of statistical and economical analy-sis, etc.

6. MONITORING

A plan for environmental monitoring shall be provided, with an indication of the environmental componentsthat are planned to be monitored, as well as periodicity, parameters and proposed monitoring sites for eachcomponent.

Depending on the type of the proposed economic activity, it might be requested to perform environmentalmonitoring both during operational and construction phase.

7. EMERGENCY SITUATIONS

Risk analysis and prediction of potential emergency situation (accidents). Contingency plans, accident pre-vention measures.

8. DESCRIPTION OF DIFFICULTIES

Description of difficulties (technical or practical) encountered by the developer while performing environ-mental impact assessment or preparing the EIA program and report.

54

ANNEX

9. SUMMARY

A summary of all information provided in the report.

10. ATTACHED DOCUMENTS

Conclusions of the relevant parties of environmental impact assessment.Evaluation of the motivated (justified) proposals of the public and minutes of the public presentation of the

environmental impact assessment report.

55

ANNEX



July 10, 2000

THE ORDER OF INFORMING THE PUBLICAND PUBLIC PARTICIPATION IN THE PROCESS OF

ENVIRONMENTAL IMPACT ASSESSMENT

I. GENERAL PROVISIONS

1. This Order regulates the process of informing the public about the environmental impact assessment aswell as participation of the public in the environmental impact assessment.

2. This Order is binding for all participants of the environmental impact assessment process.3. In cases when an economic activity that is proposed to be carried out in the territory of the Republic of

Lithuania may cause a significant negative impact on the environment of any other State that has signed the UNConvention of 1991 on Environmental Impact Assessment in a Transboundary Context, or upon request of sucha State, the public is participating in the process of environmental impact assessment in accordance with therequirements of the above mentioned Convention, international agreements between relevant States and theRepublic of Lithuania, the Law on Environmental Impact Assessment of Proposed Economic Activities of theRepublic of Lithuania, and other relevant legal acts.

II. INFORMING ABOUT THE ENVIRONMENTAL IMPACT ASSESSMENT

4. Informing of the public (via announcements on the mass media) and public participation in the process ofenvironmental impact assessment is organised by the organiser (developer) of the proposed economic activity(hereafter called "developer").

5. The developer shall inform the public:5.1. about the upcoming environmental impact assessment of a proposed activity if it is included in the List

of the Types of Proposed Economic Activities that Shall Be Subject to the Environmental Impact Assessment;5.2. about the screening conclusion if a proposed activity is included in the List of the Types of Proposed

Economic Activities that Shall Be Subject to the Screening for Obligatory Environmental Impact Assessment orif participants of the environmental impact assessment process require and the competent authority (hereaftercalled "Ministry of the Environment or other empowered institution"), decides that screening for obligatoryenvironmental impact assessment shall be performed also for a proposed activity not included in the Listsreferred to in paragraphs 5.1 and 5.2 of this Article.

6. In case of environmental impact assessment of the proposed activity, referred to in paragraph 5.1, thedeveloper, before submitting the environmental impact assessment program to the Ministry of the Environmentor other empowered institution for ratification, shall inform the public by announcing the following informationin the places of public gatherings (e.g. on the municipal announcement boards), in national press and in the pressof the city (-ies) or district (-s) where the proposed activity is planned to be carried out, and if possible on theradio and television:

6.1. what kind of activity is proposed and where it is planned to be carried out;6.2. who is proposing the activity (developer);6.3. where and when it is possible to acquire information about the proposed activity;6.4. to whom motivated (justified) proposals regarding the environmental impact assessment may be submitted.7. In 10 working days after receiving the screening conclusion referred to in paragraph 5.2, the developer

shall inform the public by announcing the following information in the places of public gatherings (e.g. on themunicipal announcement boards) and in the press of the city (-ies) or district (-s) where the proposed activity isplanned to be carried out:

7.1. what kind of activity is proposed and where it is planned to be carried out;7.2. who is proposing the activity (developer);7. 3. the screening conclusion regarding the obligation to perform environmental impact assessment;7.4. where and when it is possible to acquire information about the proposed activity;7.5. to whom motivated (justified) proposals regarding the environmental impact assessment may be submitted.8. The public has right to present motivated (justified) proposals to the Ministry of the Environment or other

empowered institution to reconsider the screening conclusion within 10 working days since the screening con-clusion is published.

56

ANNEX

9. Within 10 working days after receiving motivated (justified) proposals to reconsider the screening con-clusion, the Ministry of the Environment or other empowered institution together with the relevant parties of theenvironmental impact assessment shall prepare the final screening conclusion, taking into account the proposalsof the public. If this final conclusion conflicts with the initial screening conclusion, the developer shall informthe public in accordance with paragraph 7. If this final conclusion does not conflict with the initial screeningconclusion, the Ministry of the Environment or other empowered institution, within 10 working days afterreceiving motivated (justified) proposals to reconsider the screening conclusion shall in written form provide amotivated (justified) answer regarding the final screening conclusion to the members of the public that havesubmitted the proposals.

10. The developer shall register motivated (justified) proposals of the public regarding the environmentalimpact assessment by using the form provided in Annex 1.

11. When submitting motivated (justified) proposals regarding the environmental impact assessment, mem-bers of the public shall indicate their name, surname (or the title) address, and the date.

12. The public may submit motivated (justified) proposals regarding the environmental impact assessment nolater than the public meeting, during which the environmental impact assessment report is presented, takes place.

III. PUBLIC PRESENTATION OF THE ENVIRONMENTAL IMPACT ASSESSMENT REPORT

13. After preparing the environmental impact assessment report, the developer or the preparer of the envi-ronmental impact assessment documents, obliged by the organiser (developer) of a proposed economic activity(hereafter called "preparer of the EIA documents") shall employ the announcement methods, defined respec-tively in paragraphs 6 and 7 and announce the following information no later than in 10 working days before thepublic meeting is planned to be commenced:

13.1. where and when the meeting will be commenced;13.2. where and when it is possible to become acquainted with the environmental impact assessment report;13.3. to whom motivated (justified) proposals regarding the environmental impact assessment report may be

submitted.14. The public meeting (-s) shall be commenced in the territory of the administrative unit (-s) in which the

proposed activity is planned to be carried out and during non-working hours as being more convenient for thepublic (commencing the meeting on non-working days is recommended).

15. Before the meeting, the developer or the preparer of the environmental impact assessment documentsshall appoint a chairman and a secretary, and to register the participants. The speeches of the participants shall berecorded in the minutes. The minutes of the meeting shall be signed by the chairman, the secretary, and, at therequest of the public - the representative of the public, who shall be elected by the participants of the meeting.

16. If in one hour after the appointed beginning of the meeting there are no representatives of the publicpresent, the developer or the preparer of the environmental impact assessment documents may state that thepublic is not concerned about the proposed activity. This statement shall be recorded in the minutes and signedby the chairman and the secretary of the meeting.

17. During the meeting the developer or the preparer of the environmental impact assessment documentsdefines the nature of the proposed activity, describes the environmental impact assessment report, answers thequestions of the participants, and evaluates motivated (justified) proposals of the public that have been receivedin written form before the meeting.

18. The developer or the preparer of the environmental impact assessment documents shall register moti-vated (justified) proposals of the public that are received in written form before or during the meeting pursuantto Article 10.

19. The developer or the preparer of the environmental impact assessment documents shall prepare a rea-soned evaluation of motivated (justified) public proposals by using the form provided in Annex 2.

20. The developer or the preparer of the environmental impact assessment documents shall amend the envi-ronmental impact assessment report taking into account the proposals of the public and submit it to the relevantparties of environmental impact assessment.

IV. INFORMING ABOUT THE DECISION REGARDING THE PROPOSEDECONOMIC ACTIVITY

21. The Ministry of the Environment or other empowered institution after examining the report, the conclu-sions of relevant parties of environmental impact assessment regarding the report and the possibilities to carryout the proposed economic activity, and the reasoned evaluation of the public proposals, within 25 working daysmakes a justified decision if the proposed economic activity by virtue of its nature and environmental impacts,may be carried out in the chosen site.

22. Within 10 working days after making the decision, the Ministry of the Environment or other empowered

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institution shall announce in its Internet homepage (in case of environmental impact assessment of the proposedactivity, referred to in paragraph 5.1 - also in the official newspaper "Valstybes Zinios") the following:

2.2.1. the content of the decision and any conditions attached thereto;2.2.2. the main reasons and considerations on which the decision was based;2.2.3. information about the main measures to avoid, reduce and, if possible, offset adverse environmental

impacts.23. Within 10 working days after receiving from the Ministry of the Environment or other empowered

institution the decision regarding the proposed activity, the developer shall employ the announcement methods,defined respectively in paragraphs 6 and 7 and announce a concise description of the decision of the Ministry ofthe Environment or other empowered institution if the proposed economic activity by virtue of its nature andenvironmental impacts, may be carried out in the chosen site.

24. Upon request of the public, the Ministry of the Environment or other empowered institution, acting inaccordance with the Governmental Order on Providing Information about the Environment to the Public in theRepublic of Lithuania (Zin., 1999, No. 90-2660) and Order of the Ministry of the Environment No. 273 of July4th, 2000 On the Regulation regarding Storage of the Documents of the Ministry of the Environment, ProvidingInformation upon Request of the Public and Attending to the Visitors, shall provide more extensive informationabout the decision if the proposed economic activity by virtue of its nature and environmental impacts, may becarried out in the chosen site.

ANNEX I

Registrationof motivated (justified) proposals of the public

regarding environmental impact assessment of the

________________________________________________(title of the proposed economic activity)

Motivated (justified) proposals of the public were registered by the

___________________________________________(name, surname, official title, ph./fax, signature, date)

ANNEX II

Evaluationof the motivated (justified) proposals of the publicregarding environmental impact assessment of the

________________________________________________(title of the proposed economic activity)

No. The date ofreceiving the

motivated (justi-fied) proposal of

the public

The date of sendingthe motivated

(justified) proposalof the public

Name, surname (or thetitle) and the address of

the representative ofthe public

The motivated (justified)proposal of the public

1 2 3 4 5

No. Name, surname (or the title)and the address of the

representative of the public

The motivated (justified)proposal of the public

Reasoned evaluationof the motivated(justified) proposal of the public

1 2 3 4

Reasoned evaluation of motivated (justified) proposals of the public was prepared by

_____________________________________________________________(name, surname, official title, ph./fax, signature, date)

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ANNEX



July 17, 2000

GUIDELINES ON THE QUALITY CONTROLOF THE ENVIRONMENTAL IMPACT ASSESSMENT

OF THE PROPOSED ECONOMIC ACTIVITY

1. These guidelines (provided in the Annex) aim at giving guidance to the competent authority (hereaftercalled "Ministry of the Environment or other empowered institution"), relevant parties of the environmentalimpact assessment and the organiser (developer) of the proposed economic activity or the preparer of the envi-ronmental impact assessment documents, obliged by the organiser (developer) of the proposed economic activ-ity.

2. The aims of filling in the Guidelines are:2.1. to determine if environmental impact assessment procedures, regulated by the Law on Environmental

Impact Assessment of the Proposed Economic Activity of the Republic of Lithuania and supplementary legalacts have been carried out properly;

2.2. to evaluate if the organiser (developer) of the proposed economic activity or the preparer of the EIAdocuments has provided complete information required to make a justified decision if the proposed economicactivity by virtue of its nature and environmental impacts, may be carried out in the chosen site;

2.3 to perform long term monitoring of the EIA system quality, e.g. to identify the most problematic stagesof the EIA process, the procedures that are improperly carried out, environmental components that are mostcomplicated to assess, etc.

3. The Guidelines are filled as following:3.1. firstly, it is decided if the factor, provided in the first column is relevant in this particular case. The

"Factor relevancy" section is then filled according to this judgement;3.2. if the factor is considered as relevant, the quality estimation column is filled, providing an opinion

whether the factor requirements have been met;3.3. the third column is for providing considerations/comments regarding the factor relevancy and complete

or partial fulfilment of the factor, etc.

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ANNEX

ANNEX

1. Screening of proposed economic activities for the obligatory environmental impact assessment

Is the factorrelevant?

Factorrequirements

have been met

Comments

Yes No Yes No

Factor

Screening was performed upon the requirement of theparticipants of the environmental impact assessment pro-cess (i.e. for a proposed economic activity that is not in-cluded neither in the List of Proposed Economic Activitiesthat Shall Be Subject to the Screening for Obligatory Envi-ronmental Impact Assessment, nor in the List of the Typesof Proposed Economic Activities that Shall Be Subject tothe Environmental Impact Assessment)

The organiser (developer) of the proposed economic ac-tivity or the preparer of EIA documents has provided suffi-cient information for the screening.

Ministry of the Environment or other empowered insti-tution has requested from the organiser (developer) of theproposed economic activity or the preparer of EIA docu-ments additional information for the screening

Ministry of the Environment or other empowered insti-tution after performing the screening has decided that envi-ronmental impact assessment is obligatory for the proposedactivity

The public has presented to the Ministry of the Envi-ronment or other empowered institution justified proposalsto reconsider the screening conclusion

The organiser (developer) of the proposed economic ac-tivity has presented to the Ministry of the Environment orother empowered institution a justified request to recon-sider the screening conclusion

The final screening conclusion made by the Ministry ofthe Environment or other empowered institution togetherwith the relevant parties of environmental impact assess-ment conflicts with the initial conclusion

Additional factors:

-

2. Public participation in the environmental impact assessment process


Factorrequirements

have been met

Comments

Yes No Yes No

Factor

The organiser (developer) of the proposed economicactivity has in due time informed the public:

- about the obligatory environmental impact assessmentof the proposed activity

- about the screening conclusion made by the Ministryof the Environment or other empowered institution

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ANNEX

- public presentation of the environmental impact as-sessment report

The organiser (developer) of the proposed economicactivity has employed proper public information methods

The organiser (developer) of the proposed economic ac-tivity has provided to the public sufficient information about:

- the developer of the proposed activity

- the proposed economic activity

- the environmental impact assessment

The organiser (developer) of the proposed economicactivity has given the public the opportunity to get acquaintedwith the environmental impact assessment report

The organiser (developer) of the proposed economicactivity has given the public the opportunity to submit moti-vated (justified) proposals throughout the whole environ-mental impact assessment process

The organiser (developer) of the proposed economicactivity or the preparer of EIA documents:

- has properly registered motivated (justified) proposalsof the public

- has prepared the minutes of the public meeting

- has properly evaluated motivated (justified) proposalsof the public that have been received in written form beforethe meeting

- has prepared a reasoned evaluation of motivated (justi-fied) proposals of the public

The organiser (developer) of the proposed economicactivity or the preparer of EIA documents has taken intoaccount motivated (justified) proposals of the public regard-ing the EIA report

The Ministry of the Environment or other empoweredinstitution has properly informed the public by announcingin its Internet homepage (in case of environmental impactassessment of the proposed activity, that is included in theList of the Types of Proposed Economic Activities that ShallBe Subject to the Environmental Impact Assessment - alsoin the official newspaper "Valstybes Zinios") sufficient in-formation about:

- the decision if the proposed economic activity by vir-tue of its nature and environmental impacts, may be carriedout in the chosen site

- conditions attached to the decision

- the main reasons and considerations on which the de-cision was based

- the main measures to avoid, reduce and, if possible,offset adverse environmental impacts

The organiser (developer) of the proposed economic ac-tivity has properly and in due time informed the public aboutnegative or positive decision of the Ministry of the Environ-ment or other empowered institution regarding the possibili-ties to carry the proposed economic activity in the chosen site

Additional factors:

-

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ANNEX

3. Environmental impact assessment program


Factorrequirements

have been met

Comments

Yes No Yes No

Factor

The program includes description of the main alter-natives studied by the organiser (developer) of the pro-posed economic activity or the preparer of EIA docu-ments

The program includes an indication of the main rea-sons for the choice of alternatives, taking into accountthe best available techniques and potential environmen-tal effects

The program includes a sufficient:

- description of the technical characteristics of theproposed activity

- description of technological process

- description of the raw materials and natural re-sources requirements

- description of the land use requirements during theconstruction and operation phases

- description of expected pollutants and other ad-verse factors

- description of generated waste

- description of waste usage and processing

- description of the components of the environmentlikely to be affected by the proposed economic activity

- description of the likely environmental effects ofthe proposed economic activity taking into account po-tential interaction with the other economic activities

- description of measures envisaged to avoid, reduceor offset negative environmental effects or their conse-quences

- description of possible emergencies (accidents)

The program includes sufficient information aboutaccident-avoidance and consequence-offset measures

The program includes a description of methods, thatwill be used to predict and assess the effects on the en-vironment

The program has been properly amended accordingto the motivated requirements of the relevant parties ofenvironmental impact assessment

Additional factors:

-

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ANNEX

4. Environmental impact assessment report

4.1. Information about the proposed economic activity


Factorrequirements

have been met

Comments

Yes No Yes No

Factor

The report includes sufficient information about:

- the organiser (developer) of the proposed economicactivity

- the preparer of EIA documents

- stages of the proposed activity (construction, opera-tion)

- duration of the operational phase (object decommis-sioning)

The report includes sufficient data on:

- production

- resources used for energy production

- usage of raw materials, chemical substances or prepa-rations (taking into account phases of the activity and pro-viding information about proposed transportation of pro-duced goods and raw materials)

- physical and biological pollution generated by the pro-posed activity (object) (noise, radiation, biological pollu-tion, etc.)

The report includes sufficient information about:

- proposed technological processes

- proposed techniques

The report includes a comparison of the limit values ofrelevant parameters that are reached by the techniques pro-posed by the developer and the BAT

The report includes sufficient information about gen-eration of waste, waste management, disposal and usage(with particular reference to generation and management ofhazardous waste)

The report includes sufficient about proposed methodsof connecting to the existing or new infrastructure networks

The proposed economic activity is represented in:

- a land-site plan of a sufficient scale

- topographic map of the environs of a sufficient scale

Additional factors:

-

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ANNEX

4.2. Alternatives of the proposed economic activity


Factorrequirements

have been met

Comments

Yes No Yes No

Factor

The report includes sufficient information about the al-ternatives (alternative locations, timings, technical and tech-nological solutions, environmental impact mitigation mea-sures, etc.) studied by the organiser (developer) of the pro-posed economic activity or the preparer of EIA documents

Realistic and viable alternatives of the proposed eco-nomic activity are considered

The report includes a sufficient analysis of the alterna-tives and a comparison according to the impacts on the en-vironmental components and interactions between them

Investigated alternatives are properly compared with the"zero" alternative, that refers to the environmental condi-tions and natural changes in the environment if the activityis not carried out

Proper methods have been selected for analysis and com-parison of the alternatives

The report includes a proper indication of the main rea-sons for the choice of alternatives, taking into account po-tential environmental impacts

Additional factors:

-

4.3. Information about the prospective location of the proposed activity

The report includes information not only about the siteof the proposed activity but also about the surrounding ar-eas that might be affected by the activity

The report includes sufficient information about the se-lected location's:

- protective status of the territory (e.g. proposed site islocated close to a protected territory or within it)

- current land use

- hydrographic network and groundwater

- environmental air (atmosphere)

- soil

- underground

- biodiversity

- landscape

- population (inhabitants)


Factorrequirements

have been met

Comments

Yes No Yes No

Factor

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ANNEX

- social-economic environment

- ethnic and cultural conditions

- cultural heritage.

The report includes characterisation of natural changesin the environment if the activity is not carried out

The preparer of the report has used proper sources foracquiring information

Additional factors:

-

4.4. Potential impacts of the proposed economic activity on the components of the environment


Factorrequirements

have been met

Comments

Yes No Yes No

Factor

Information about the potential environmental impactsof the proposed activity has been provided considering thestages of the activity (construction, operation, in some cases- object decommissioning)

The report includes investigations of both direct andindirect (complex, cumulative, synergetic) impacts

The report includes investigations of both negative andpositive impacts

Consequential developments (activities) and their fur-ther potential environmental impacts have been consideredin the report

Impacts have been investigated in so far as they affecteach component of the environment, considering changesin the environment caused by the proposed activity

The report include information about the impact

- duration

- reversibility

The report includes information about methods used forimpact identification/prediction and the rationale for usingthem

If possible, prediction of negative or positive impactson the natural and anthropogenic environment has beenexpressed in quantitative terms

The report includes information about:

- methods used for determining impact significance andthe rationale for using them

- methods used for determining impact magnitude andthe rationale for using them

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ANNEX

The significance of impacts have been investigated tak-ing in to account:

- standards and norms regulated by the environmentalprotection and other legal documents

- needs of local inhabitants

- value and sensitivity of environmental components

- value of natural (environmental) resources

- amounts of natural (environmental) resources

- renewability of natural (environmental) resources

The report includes an estimation of transboundary na-ture of the impact

Additional factors:

-

4.5. Measures envisaged for impact prevention (avoidance), mitigation, restoration or offset


Factorrequirements

have been met

Comments

Yes No Yes No

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ANNEX

5. Additional factors


Factorrequirements

have been met

Comments

Yes No Yes No

Factor

The report includes sufficient information about poten-tial emergency situations (accidents)

The report includes sufficient information about mea-sures envisaged to prevent potential emergency situations(accidents)

The report includes a plan for environmental monitor-ing, with an indication of the environmental componentsthat are planned to be monitored, as well as periodicity, pa-rameters and proposed monitoring sites for each compo-nent

Information presented in the report is properly supple-mented by the maps, drawings or diagrams

The report includes references to the sources of infor-mation

The report includes data analysis and general conclu-sions

The report includes sufficient information (avoiding su-perfluous information) for the Ministry of the Environmentor other empowered institution to make a justified decisionif the proposed economic activity by virtue of its nature andenvironmental impacts, may be carried out in the chosensite

Information provided in the report is objective

The text of the report is comprehensible, information islogically arranged

The report includes a summary of all information pro-vided, including a description of potential environmentalimpacts and impact mitigation measures

The report includes a description of difficulties (techni-cal or practical) encountered by the developer while per-forming environmental impact assessment, preparing theEIA program and report or acquiring information

The report has been properly amended according to thejustified requirements of relevant parties of environmentalimpact assessment

The report has been properly amended according to themotivated (justified) proposals of the public

Conclusions of the relevant parties of environmental im-pact assessment, evaluation of the motivated (justified) pro-posals of the public, and minutes of the public presentationof the environmental impact assessment report are attachedto the report

Additional factors:

-

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ANNEX



August 07, 2000

THE ORDER OF INVESTIGATING THE ENVIRONMENTAL IMPACTASSESSMENT DOCUMENTS AT THE MINISTRY OF THE ENVIRONMENT AND

SUBORDINATE INSTITUTIONS

I. GENERAL PROVISIONS

1. Functions of the competent authority shall be performed by the Ministry of the Environment, RegionalEnvironmental Protection Departments of the Ministry of the Environment and the Hydrographic NetworkService of the Ministry of the Environment as defined in the Law on Environmental Impact Assessment of theproposed Economic Activity of the Republic of Lithuania [7.1], [7.2], [7.5].

2. Ministry of the Environment, Regional Environmental Protection Departments of the Ministry of theEnvironment and the Hydrographic Network Service of the Ministry of the Environment in accordance withtheir competence (Annex I) perform screening, ratify the programs of environmental impact assessment, exam-ine the proposals of the public, the reports of environmental impact assessment and conclusions issued by otherrelevant parties regarding the environmental impact assessment programs, reports and the feasibility of theproposed economic activity, and make justified decisions (if needed, with an assistance of consultants or ex-perts) if the proposed economic activity, taking into account the nature, size or proposed location of the eco-nomic activity may be carried out in the chosen site.

3. In a general case, there are the following relevant parties participating in the environmental impact assess-ment [7.2]:

3.1. institution, responsible for health protection;3.2. institution, responsible for fire-prevention;3.3. institution, responsible for protection of cultural assets;3.4. administration of the county head;3.5. local municipal institution.4. Governmental institutions, not referred to in paragraph 3 of this Order, may also participate in the envi-

ronmental impact assessment process as relevant parties, if they express an interest (in written form) and if theMinistry of the Environment, Regional Environmental Protection Departments of the Ministry of the Environ-ment or the Hydrographic Network Service of the Ministry of the Environment in accordance with their compe-tence (Annex I), taking into account the nature, size or proposed location of the economic activity, approve it. Insuch cases, the Ministry of the Environment, Regional Environmental Protection Departments of the Ministry ofthe Environment or the Hydrographic Network Service of the Ministry of the Environment assessment in accor-dance with their competence (Annex I) shall within 5 working days inform in written form all relevant parties,the organiser (developer) of the proposed economic activity, and the preparer of EIA documents, of other gov-ernmental institutions that shall participate in the environmental impact assessment process.

5. Environmental impact assessment is performed [7.2]:5.1. when the proposed economic activity is included in the List of the Types of Proposed Economic Activi-

ties that Shall Be Subject to the Environmental Impact Assessment;5.2. when the proposed economic activity is included in the List of Proposed Economic Activities that Shall

Be Subject to the Screening for Obligatory Environmental Impact Assessment and the screening results indicatethat environmental impact assessment is obligatory for this activity;

5.3. when the participants of the environmental impact assessment process require that screening for obliga-tory environmental impact assessment shall be performed also for the proposed activity not included in the Listsreferred to in paragraphs 5.1 and 5.2 and the the Ministry of the Environment, Regional Environmental Protec-tion Departments of the Ministry of the Environment or the Hydrographic Network Service of the Ministry ofthe Environment decides that screening is required and when the screening results indicate that environmentalimpact assessment is obligatory for this activity.

6. When the Ministry of the Environment, Regional Environmental Protection Departments of the Ministryof the Environment or the Hydrographic Network Service of the Ministry of the Environment in accordancewith their competence (Annex I) makes a justified decision if the proposed economic activity, taking into ac-count the nature, size or proposed location of the economic activity may be carried out in the chosen site, onecopy of the environmental impact assessment report shall remain in the Ministry of the Environment, RegionalEnvironmental Protection Departments of the Ministry of the Environment or the Hydrographic Network Ser-vice for the follow up control.

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ANNEX

II. REFERENCES

7. In this Order there are references to the following legal acts:7.1. Law on Environmental Protection of the Republic of Lithuania (Þin., 1992, Nr.5-75; 2000, Nr.39-

1093);7.2. Law on Environmental Impact Assessment of the proposed Economic Activity of the Republic of Lithuania

(Þin., 1996, Nr. 82 - 1965; 2000, Nr. 39 - 1092);7.3. Law on Ratification of the Convention of 1991 on Environmental Impact Assessment in a Transboundary

Context of the Republic of Lithuania (Þin., 1999, Nr.92-2687);7.4. Convention on Environmental Impact Assessment in a Transboundary Context (Þin., 1999, Nr.92-

2688);7.5. Governmental Resolution of 2000 07 28 Nr.900 on Empowering the Ministry of the Environment and

Subordinate Institutions (Þin., 2000, Nr.65-1956);7.6. Governmental Resolution of 1999 10 22 Nr.1175 on the Order of Providing Information about the

Environment to the Public in the Republic of Lithuania (Þin., 1999, Nr.90-2660);7.7. Order of the Minister of the Environment of the Republic of Lithuania of 2000 07 10, Nr. 277 on the

Approval of the Order of Informing the Public and Public Participation in the Process of Environmental ImpactAssessment (Þin., 2000, Nr.65-1970);

7.8. Order of the Minister of the Environment of the Republic of Lithuania No. 273 of July 4th, 2000 On theRegulation regarding Storage of the Documents of the Ministry of the Environment, Providing Informationupon Request of the Public and Attending to the Visitors;

7.9. Order of the Minister of the Environment of the Republic of Lithuania of 2000 06 30, No. 262 on theApproval of the Regulations on Preparation of the Environmental Impact Assessment Program and Report(Þin., 2000, Nr.57-1697);

7.10. Order of the Minister of the Environment of the Republic of Lithuania of 2000 06 30, No. 263 on theApproval of the Methodological Guidelines on the Screening of Proposed Economic Activity (Þin., 2000, Nr.57-1698);

7.11. Order of the Minister of the Environment of the Republic of Lithuania of 2000 07 17, No. 305 on theApproval of the Guidelines on the Quality Control of the Environmental Impact Assessment of the ProposedEconomic Activity (Þin., 2000, Nr.65-1971);

7.12. Organisational Ordering Regulation on Construction STR 1.05. 03:1997 "Order of Defining Condi-tions for the Construction Works Design, Investigation and Approval of Construction Works Design Docu-ments" (Þin., 1997, Nr. 101-2559; 1998, Nr. 34-924; 1999, Nr. 85-2554).

III. DEFINITIONS

8. Definitions that are used in this Order: "proposed economic activity", "organiser (developer) of the pro-posed economic activity", "preparer of the environmental impact assessment documents, obliged by the organiser(developer) of the proposed economic activity", "environmental impact assessment", "environmental impact"are in accordance with definitions provided in the Law on Environmental Impact Assessment of the proposedEconomic Activity of the Republic of Lithuania [7.2].

IV. SCREENING FOR OBLIGATORYENVIRONMENTAL IMPACT ASSESSMENT

9. Screening is performed for the planned economic activities that are included in the List of ProposedEconomic Activities that Shall Be Subject to the Screening for Obligatory Environmental Impact Assessment[7.2].

10. Screening and the Environmental Impact Assessment are performed before preparing the project docu-ments of the economic activity

10.1. during the process of preparation of a technical-economical substantiation of the construction;10.2. during the process of preparation of a feasibility study for the economic activity;10.3. while performing investigation activities;10.4. while preparing the detailed plan of the land site if the proposed economic is included in the List of the

Types of Proposed Economic Activities that Shall Be Subject to the Environmental Impact Assessment, or ifduring the screening procedure it is decided that that environmental impact assessment is obligatory;

10.5. during the process of preparation of other documents of the substantiation of the economic activity.11. The organiser (developer) of the proposed economic activity or the preparer of the environmental impact

assessment documents, obligated by him, shall provide to the Regional Environmental Protection Departmentsof the Ministry of the Environment or the Hydrographic Network Service of the Ministry of the Environment (in

69

ANNEX

accordance with their competence (Annex I)) information about the chosen site for the proposed economicactivity, and characteristics of the proposed economic activity [7.2], [7.10].

12. Regional Environmental Protection Departments of the Ministry of the Environment or the Hydro-graphic Network Service of the Ministry of the Environment in accordance with the methodological guidelinesfor screening of the proposed economic activity [7.10], shall, within 20 working days from receipt of the infor-mation for the performance of the screening, present to the organiser (developer) of the proposed economicactivity and relevant parties of the environmental impact assessment, written conclusions regarding the obliga-tory environmental impact assessment (Annex 2).

13. In the cases when Regional Environmental Protection Departments of the Ministry of the Environmentor the Hydrographic Network Service of the Ministry of the Environment together with relevant parties ofenvironmental impact assessment have to reconsider the screening conclusion in accordance with a justifiedrequest by the organiser (developer) of the proposed economic activity or justified proposals of the public, thefinal screening conclusion (Annex 3) shall be prepared within 10 working days from receipt of the justifiedrequest by the organiser (developer) of the proposed economic activity or justified proposals of the public.

14. In the cases when an economic activity that is proposed to be carried out may cause a significant negativeimpact on the environment of any foreign State or upon request of such State for environmental impact assess-ment, the Regional Environmental Protection Departments of the Ministry of the Environment or the Hydro-graphic Network Service of the Ministry of the Environment in accordance with their competence (Annex I)together with the screening decision shall inform the organiser (developer) of the proposed economic activitythat the final screening conclusion regarding environmental impact assessment in a transboundary context willbe provided by the Ministry of the Environment and to submit the screening information to the Ministry of theEnvironment. Ministry of the Environment, taking into account the nature and size of the proposed economicactivity, and the characteristics of the proposed location, shall within 10 working days from receipt of thescreening information present to the organiser (developer) of the proposed economic activity and relevant par-ties of the environmental impact assessment, written conclusions regarding the obligatory environmental impactassessment in a transboundary context [7.3, 7.4].

15. When the participants of the environmental impact assessment process require that screening for obliga-tory environmental impact assessment shall be performed also for the proposed activity not included in the Listsreferred to in paragraphs 5.1 and 5.2 of this Order [7.2], Regional Environmental Protection Departments of theMinistry of the Environment or the Hydrographic Network Service of the Ministry of the Environment in accor-dance with their competence (Annex I), taking into account the nature and size of the proposed economicactivity, and the characteristics of the proposed location, shall within 10 days from receipt of the municipality'sdocument for acquiring the project design preparation conditions [7.1], [7.12], present to the municipality writ-ten conclusions regarding the need for screening for obligatory environmental impact assessment.

V. INVESTIGATION AND APPROVAL OF THEENVIRONMENTAL IMPACT ASSESSMENT PROGRAM

16. Environmental impact assessment program is prepared by the organiser (developer) of the proposedeconomic activity whenever environmental impact assessment is obligatory [7.2], [7.9].

17. The organiser (developer) of the proposed economic activity or the preparer of the environment impactassessment documentation, obligated by him, shall submit the prepared program to the relevant parties of envi-ronmental impact assessment in order to receive their conclusions. After taking into account justified require-ments of the relevant parties of environmental impact assessment to amend or correct the environment impactassessment program, the organiser (developer) of the proposed economic activity or the preparer of the environ-ment impact assessment documentation shall submit the program to the Ministry of the Environment, RegionalEnvironmental Protection Departments of the Ministry of the Environment and the Hydrographic NetworkService of the Ministry of the Environment in accordance with their competence (Annex I) for investigation andapproval.

18. Ministry of the Environment, Regional Environmental Protection Departments of the Ministry of theEnvironment and the Hydrographic Network Service of the Ministry of the Environment shall investigate andapprove the program (or provide comments and proposals) within 10 working days from receipt of the programand the conclusions of the relevant parties of environmental impact assessment.

VI. INVESTIGATION OF THE ENVIRONMENTAL IMPACTASSESSMENT REPORT AND DECISION MAKING

19. The organiser (developer) of the proposed economic activity or the preparer of the environment impactassessment documentation shall submit the report, that is prepared according to the ratified program, the conclu-sions of relevant parties of environmental impact assessment regarding the report and the possibilities to carry

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ANNEX

out the proposed economic activity as well as a substantiated evaluation of the proposals of the public [7.7] tothe Ministry of the Environment, Regional Environmental Protection Departments of the Ministry of the Envi-ronment and the Hydrographic Network Service of the Ministry of the Environment in accordance with theircompetence (Annex I).

These institutions, in accordance with their competence (Annex I), shall within 25 working days from re-ceipt of the mentioned documents, make a justified decision (Annex 4) if the proposed economic activity byvirtue of its nature and environmental impacts, may be carried out in the chosen site and provide it to theorganiser (developer) of the proposed economic activity and relevant parties of environmental impact assess-ment [7.11].

20. Ministry of the Environment, Regional Environmental Protection Departments of the Ministry of theEnvironment, the Hydrographic Network Service of the Ministry of the Environment, and the organiser (devel-oper) of the proposed economic activity shall inform the public in accordance with the established order [7.7]about the justified decision if the proposed economic activity by virtue of its nature and environmental impacts,may be carried out in the chosen site. Additional information regarding the decision shall be provided uponrequest of the public [7.6], [7.7], [7.8].

NB: Regional Environmental Protection Departments of the Ministry of the Environment and theHydrographic Network Service of the Ministry of the Environment shall consult the Environmental Im-pact Assessment Division of the Ministry of the Environment when implementing Articles 4, 14 and 15of this Order.

ANNEX 1

FUNCTIONS OF THE MINISTRY OF ENVIRONMENT ANDITS SUBORDINATE INSTITUTIONS DURING INVESTIGATION

OF THE ENVIRONMENTAL IMPACT ASSESSMENT DOCUMENTS

Ministry of the Environment:

1. Co-ordinates the environmental impact assessment process.2. Investigates and ratifies the programs of environmental impact assessment, examines reports of environ-

mental impact assessment and makes justified decisions if the proposed economic activity, taking into accountits nature and size, may be carried out in the chosen site when:

2.1. the proposed economic activity is included in the List of the Types of Proposed Economic Activities thatShall Be Subject to the Environmental Impact Assessment;

2.2. environmental impact assessment is performed in compliance with the United Nations Convention onEnvironmental Impact Assessment in a Transboundary Context (ESPOO);

2.3. the proposed economic activity is proposed to be carried out in the territory of several Counties of theRepublic of Lithuania, in the territories supervised by several Regional Environmental Protection Departmentsof the Ministry of the Environment or the proposed economic activity may cause impacts on the environment ofseveral Counties (regions) of the Republic of Lithuania.

Regional Environmental Protection Departments of the Ministry of the Environment:

1. Co-ordinate the environmental impact assessment process, perform screening for the planned economicactivities that are included in the List of Proposed Economic Activities that Shall Be Subject to the Screening forObligatory Environmental Impact Assessment and prepare screening conclusions regarding obligatory environ-mental impact assessment for these economic activities, except the cases when screening shall be performed bythe Hydrographic Network Service of the Ministry of the Environment.

2. Investigate and ratify the programs of environmental impact assessment, examine reports of environmen-tal impact assessment and make justified decisions if the proposed economic activity, taking into account itsnature and size, may be carried out in the chosen site for the planned economic activities that are included in theList of Proposed Economic Activities that Shall Be Subject to the Screening for Obligatory EnvironmentalImpact Assessment except the cases when decision shall be made by the Hydrographic Network Service of theMinistry of the Environment.

3. Provide written conclusions regarding the possibilities to carry out the proposed economic activity whenthe decision is made by the Ministry of the Environment or by the Hydrographic Network Service of the Minis-try of the Environment.

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Hydrographic Network Service of the Ministry of the Environment:

1. Co-ordinates the environmental impact assessment process, performs screening, investigates and ratifiesthe programs of environmental impact assessment, examines reports of environmental impact assessment andmakes justified decisions if the proposed economic activity, taking into account its nature and size, may becarried out in the chosen site for the following types of economic activities:

1.1. Installation of ponds (amount of water held back or stored is less than 5 million m3 but more than 200000 m3, or the area is less than 250 ha but more than 10 ha);

1.2. Installations for hydroelectric energy production or installations that use the hydroelectric energy (hy-droelectric power stations, mills, sawmills) (with a maximum power of more than 0,1 MW);

1.3. Construction of inland waterways, ports, piers or terminals which can take vessels of less than 1350tonnes but with an area of more than 1 ha;

1.4. Hydrotechnical flood-relief installations (with an area of more than 1 ha);1.5. Installations of long-distance aqueducts (with a length of more than 1 km);1.6. Transfer of water resources between river basins where the amount of water transferred is less than 100

million cubic metres/year or where the multi-annual average flow of the basin of abstraction is less than 2 000million cubic metres/year and where the amount of water transferred is less than 5 % of this flow;

1.7. Lake purification and regulation of lake water level (when purified of regulated water area exceeds 0,5ha);

1.8. Extraction of sediments from the bottom of the sea or inner water bodies for such purposes as construc-tion, "beach-feeding" or industry.

Co-operation during investigation of the documents of environmental impact assessment

1. Regional Environmental Protection Departments of the Ministry of the Environment and the Hydro-graphic Network Service of the Ministry of the Environment shall investigate all documents of environmentalimpact assessment (including those cases, when decision is made by the Ministry of the Environment) on theirown account. Ministry of the Environment only provides consultation or makes decisions regarding conclusionsconcerning preparation of the documents of environmental impact assessment. If the Regional EnvironmentalProtection Departments of the Ministry of the Environment and the Hydrographic Network Service of the Min-istry of the Environment encounter problems regarding investigation of the documents of environmental impactassessment, they may refer to the relevant Departments or Divisions of the Ministry of the Environment or itssubordinate institutions for objective consultations.

In the cases when the opinion of the Ministry of the Environment is required in order to make a decision, theRegional Environmental Protection Departments of the Ministry of the Environment and the HydrographicNetwork Service of the Ministry of the Environment shall refer to the Environmental Impact Assessment Divi-sion of the Ministry of the Environment; this Division shall arrange a meeting of the specialists (if required - alsorepresentatives of the top management) of the Ministry of the Environment. Conclusions of the meeting shall bedescribed in the minutes of the meeting and the Regional Environmental Protection Departments of the Ministryof the Environment and the Hydrographic Network Service of the Ministry of the Environment shall take thoseinto account when making decisions regarding the documents of environmental impact assessment (exceptwhen such decisions are to be made by the Ministry of the Environment).

2. The Ministry of the Environment, in accordance with the Temporary Regulation of the Ministry of theEnvironment, may invite specialists of the Departments of the Ministry of the Environment and subordinateinstitutions to participate in the investigation of the documents of environmental impact assessment.

3. When the proposed economic activity is planned to be carried out in a protected area, the RegionalEnvironmental Protection Departments of the Ministry of the Environment or the Hydrographic Network Ser-vice of the Ministry of the Environment while investigating the environmental impact assessment report shall, ifrequired, before making a decision regarding the proposed activity ask for a conclusion from the State ParksDirectorate, in accordance with the procedure established by the Order of the Department of Forests and Pro-tected Areas by the Ministry of the Environment, or if the proposed economic activity is planned to be carriedout in a forest - ask for a conclusion from the Department of Forests and Protected Areas by the Ministry of theEnvironment, in accordance with the procedure established by the Order of the Department of Forests andProtected Areas by the Ministry of the Environment.

4. When the proposed economic activity is related to the extraction of mineral resources, usage of earthentrails, artificial groundwater recharge, groundwater abstraction, reallocation of water flow or transfer of waterresources between river basins, lake purification and regulation of lake water level, building of storage facilities(warehouses and storage grounds) for petroleum, petrochemical and chemical products, and installations fordisposal or usage of non-hazardous waste, the Regional Environmental Protection Departments of the Ministryof the Environment or the Hydrographic Network Service of the Ministry of the Environment while investigat-ing the environmental impact assessment reports shall, if required, before making a decision regarding theproposed activity ask for a conclusion from the Lithuanian Geology Service by the Ministry of the Environment.

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ANNEX 2

SCREENING CONCLUSIONREGARDING OBLIGATORY ENVIRONMENTAL IMPACT ASSESSMENT

A screening conclusion shall contain the following information:1. Who has submitted the information (organiser (developer) of the proposed economic activity, address,

phone No.).2. Name of the proposed economic activity.3. Proposed location of the activity (county, city, region, village).4. Short description of the proposed economic activity5. Comments and proposals.6. The main reasons on which the conclusion was based.7. The screening conclusion.

NB: The screening conclusion shall be written on the official document form.

ANNEX 3

FINAL SCREENING CONCLUSIONREGARDING OBLIGATORY ENVIRONMENTAL IMPACT ASSESSMENT

(prepared when the screening conclusion is reconsidered upon request from the organiser (developer) of theproposed economic activity or proposals of the public)

A final screening conclusion shall contain the following information:1. Screening conclusion that is reconsidered (date, document No.).2. Information about the request from the organiser (developer) of the proposed economic activity.3. Information about the justified proposals of the public.4. Relevant parties of environmental impact assessment that were participating in the investigation of the

final screening conclusion.5. Comments and proposals.6. The main reasons on which the final conclusion was based.7. The final screening conclusion.

NB: The final screening conclusion shall be written on the official document form.

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ANNEX 4

DECISION IF THE PROPOSED ECONOMIC ACTIVITY BY VIRTUEOF ITS ENVIRONMENTAL IMPACTS MAY BE CARRIED OUT

1. Organiser (developer) of the proposed economic activity (title, address, phone No. document No.,date).

2. Name of the proposed economic activity (type, nature).3. Preparer of the environmental impact assessment report (title, address, phone No).4. Proposed location of the activity (county, city, region, village, other locality).5. Description of the proposed economic activity (main technical and economical indicators, alternatives

that were considered, etc.).6. Description of measures envisaged to avoid, reduce or offset negative environmental effects or to

alleviate their consequences.7. Conclusions of relevant parties of environmental impact assessment (date, document No.):institution, responsible for health protection;institution, responsible for fire-prevention;institution, responsible for protection of cultural assets;administration of the county head;local municipal institutionother parties of environmental impact assessment8. Substantiated evaluation of the proposals of the public that was submitted (who has prepared it).9. Specialists of the Ministry of the Environment and its subordinate institutions who were investi-

gating the documents of environmental impact assessment (name, surname, position, phone No.).10. Comments and proposals.11. Decision.

NB: Decision shall be written on the official document form.

MANUAL FOR ENVIRONMENTAL IMPACT ASSESSMENT IN LITHUANIA

ISBN 9955-425-88-1

UDK 504 Ra 264

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MANUAL FOR ENVIRONMENTAL IMPACT ASSESSMENT IN LITHUANIA … · 1 MANUAL FOR ENVIRONMENTAL IMPACT...

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