Capacity Building in Implementation of the Environmental Acquis at the Local and Regional Level
Capacity Review Report
Estonia
Date: October 20, 2004
Prepared by: Anne Randmer
Checked by: Kaja Peterson, Norman Sheridan
Client Ref. No.: EuropeAid/116215/CSV/PHA
Capacity Building in Implementation of the Environmental Acquis
Capacity Review - Estonia
Foreword
Background of the Project
In 2003 the European Commission, Directorate General for Environment, decided to launch a project in the 10 Phare countries (Estonia, Latvia, Lithuania, Poland Czech Republic, Slovakia, Hungary, Slovenia, Bulgaria and Romania) aimed at improving the implementation of the following directives:
- Integrated Pollution Prevention and Control (Directive 96/61/EC)
- Environmental Impact Assessment (Directive 97/11/EC)
on regional and local level.
Each country has selected 4 to 8 pilot areas in which the training takes place. The training comprises regional workshops in each pilot area plus national workshops. Two Multi-country workshops, where the 10 participating countries can exchange experience and views, are included in the project.
The project was initiated in December 2003 and is expected to end in June 2005.
The project is implemented and managed by a Consortium comprising 4 international consulting companies (Carl Bro, COWI, DHV and Milieu) assisted by national companies in the 10 Phare-countries - including subsidiaries of the consortium companies.
The objectives of the project
Overall objectives
The overall objective is as follows:
· To develop the ability of local and regional authorities to effectively implement environmental legislation, particularly in the domains of EIA and IPPC. This will be done through an approach that is tailored to the needs and conditions of each particular country, but also ensuring the possibility for countries to learn from the experiences of their neighbours.
Specific objectives
The specific objectives of this contract are as follows:
· Better understanding in the PHARE countries of the steps needed to improve implementation of EIA and IPPC directives at local and regional level.
· Better trained local and regional authorities in each country able to effectively implement environmental acquis, particularly the EIA and IPPC directives.
· Preparation of models of good environmental administration at the local and regional level in the PHARE countries
· Preparation of strategies for broader application of the experiences of the pilot areas within each PHARE country.
Objective of This Report
The objective of this report is to assess the strengths and weaknesses of the present administrative practice and capacities in the countries. It focuses on EIA and IPPC implementation, and is based on the Institutional Review which focuses on the administrative structures in place for implementation, including an assessment of the transposition of the EIA and IPPC Directives, and the Training Needs Assessment which assesses the needs of the regional staff selected for training under this project. This Report forms an essential background review of the current state of play in the country, and will serve as a basis for any recommendations for improvements to legal arrangements and/or administrative practices to ensure full effective implementation of the EIA and the IPPC Directive.
Preparation of Report
This report is prepared by Country Manager Anne Randmer. Further information may be obtained from Anne Randmer () or from Assistant Team Leader Grith Lindgreen Petersen ()
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Capacity Review - Estonia
Contents
Foreword i
Contents iii
Abbreviations iv
A. Capacity Review Environmental Impact Assessments 1
A.1. Summary 1
A.2. Introduction 1
A.3. The Current Legal Framework 2
A.4. Institutional Arrangements 4
A.5. Trainees Review 5
A.6. Assessment of Current Administrative Practices 8
B. Capacity Review Integrated Pollution Prevention and Control 10
B.1. Summary 10
B.2. Introduction 10
B.3. The Current Legal Framework 11
B.4. Institutional Arrangements 12
B.5. Trainees Review 14
B.6. Assessment of Current Administrative Practices 16
C. Annex I: Institutional Review – EIA 19
C.1. Introduction 19
C.2. Legal Assessment 19
C.3. Publicly available guidance documents 27
C.4. Institutional Arrangements 27
C.5. Procedural Issues 31
C.6. Overall conclusions 38
D. Annex I: Institutional Review – IPPC 39
D.1. Introduction 39
D.2. Legal Assessment 39
D.3. Publicly Available Guidance Documents 46
D.4. Institutional Arrangements 46
D.5. Number of Installations in Estonia in Pilot Regions 52
D.6. Procedural Issues 55
ANNEX 1 65
E. Annex II: Conclusions on the Training Needs Assessment – EIA 67
E.1. Overall Staff Capacities, i.e. Characteristics of Staff Involved in EIA Determination in Estonia 67
E.2. Subject Matter Knowledge Capacities and Experiences 67
E.3. Conclusion on Knowledge and Experience of Staff Dealing with EIA Determination 69
F. Annex II: Conclusions on the Training Needs Assessment - IPPC 71
F.1. Overall Staff Capacities, i.e. Characteristics of Staff Involved in IPPC Permits in Estonia 71
F.2. Subject Matter Knowledge Capacities and Experiences 71
F.3. Conclusion on Knowledge and Experience of Staff Dealing with IPPC Determination 74
Abbreviations
AEC / Act on Earth CrustAIPPC / Act on Integrated Pollution Prevention and Control
AOX / Adsorbable organic halogens
APNO / Act on Protection of Natural Objects
BAT / Best Available Techniques
BREF / BAT Reference Document
CED / County Environmental Department of Ministry of Environment
DEMT / Department of Environmental Management and Technology of Ministry of Environment
EIA / Environmental Impact Assessment
EIA Directive / Council Directives 85/337/EC and 97/11/EC
EIS / Environmental Impact Statement
EPER / European Pollutant Emission Register
Estonian EIA Act / Act on Environmental Impact Assessment and Environmental Auditing
GHG / Greenhouse Gases
H&T / Harju County and Tallinn
I – V / Ida-Viru County
IPPC / Integrated Pollution Prevention and Control
L – V / Lääne-Viru County
LG / Local Government (there are 241 town or rural municipalities in Estonia)
MoE / Estonian Ministry of the Environment
MoFA / Ministry of Foreign Affairs
PA / Planning Act
Project / EU Phare project “Capacity Building in Implementation of the Environmental Acquis at the Local and Regional Level”
RT I / Estonian Codex, Volume for Acts and Governmental regulations
RTL / Estonian Codex, Volume for ministerial regulations
SEA / Strategic Environmental Assessment
SEI / State Environmental Inspectorate
SME / Small and Medium-sized Enterprise
TNA / Training Needs Assessment
WA / Water Act
WMA / Waste Management Act
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Capacity Review EIA - Estonia
A. Capacity Review Environmental Impact Assessments
A.1. Summary
The overall objective of the project “Capacity building in implementation of the environmental acquis” is to develop the ability of local and regional authorities to effectively implement environmental legislation, particularly in the domains of Environmental Impact Assessment (EIA) and Integrated Pollution Prevention and Control (IPPC).
This Capacity Review Report focuses on EIA implementation in Estonia, and is based on the Institutional Review which focuses on the administrative structures in place for implementation, including an assessment of the transposition of the EIA Directive, and the Training Needs Assessment which assesses the needs of the regional staff selected for training under this project. This Report forms an essential background review of the current state of play in Estonia and will serve as a basis for any recommendations for improvements to legal arrangements and/or administrative practices to ensure full effective implementation of the EIA Directive.
The EIA Directive has been largely transposed; the EIA Act includes all Directive Annex I projects (with some stricter thresholds) and some additional types of projects that require a mandatory EIA. The EIA Act does not transpose, as such, Annex II of the Directive and not all Annex III criteria are transposed. These discrepancies should be resolved in amendments to the Act which is currently going through Parliament and is expected to be adopted in 2004.
The relevant parts of Directive 2003/35/EC on public participation and access to justice have been transposed into Estonian legislation.
There are no nationally prepared Guidance documents on EIA, although each CED has some information on EIA on their own web sites. The MoE plans to develop national guidelines once the amended EIA Act is adopted.
The Competent Authorities for EIA are either the MoE or the CED, depending on the type of project (as specified in the EIA Act). Statutory consultation authorities are designated on a case-by-case basis.
The institutional capacity at central level is generally considered as sufficient, although some additional assistance for legal issues may be desirable. The EIA staff at regional level (CEDs) consists of one full time officer with no support staff. For some counties this institutional capacity is sufficient as there are very few EIA applications to be dealt with in those counties. However, for other counties this may not be sufficient.
The MoE does not have the capacity to run regular training sessions for CED staff, and most training to date has been through bilateral and EU funded projects. In some counties, staff has not received any training. New staff would, in particular, benefit from ‘hands-on’ training.
An additional problem is that in at least one county the staff are mainly Russian speakers with limited Estonian, while all documentation etc is in Estonian.
The MoE and CEDs are well equipped with IT and internet access. Public information on EIA is also available on-line.
A.2. Introduction
The overall objective of the project “Capacity building in implementation of the environmental acquis” is to develop the ability of local and regional authorities to effectively implement environmental legislation, particularly in the domains of Environmental Impact Assessment (EIA) and Integrated Pollution Prevention and Control (IPPC). This will be done through an approach that is tailored to the needs and conditions of each particular country, but also ensuring the possibility for countries to learn from the experiences of their neighbours.
This Capacity Review Report focuses on EIA; a separate Report focuses on IPPC.
The time for transposition of the EU Directives into the national legislation, and the effective implementation of this national legislation into the public administrative practise at local and regional level is now very short – for Estonia the deadline for having administrative structures in place is May 2004. Therefore it is essential that the training provided by this project to the local/regional authorities with responsibilities for EIA are focused and specifically directed at their needs and at identified weaknesses or areas of concern.
In addition to the focused training directed to the needs of the trainees in the competent authorities at regional level, the project is also required to make proposals for any recommended revision of existing administrative regulations to enhance the implementation of the EIA Directive. The scope of these recommended revisions means that it is necessary to consider not just the legal and regulatory framework for implementation of EIA but also any administrative and technical guidance documents. It will also consider the actual implementation and enforcement – that is to say the administrative practices – currently in place.
This Capacity Review Report summarises background material review and assessment. The information itself has been collated in two reports: the Institutional Review - focused on the strength and weaknesses of the administrative structures - and the Training Needs Assessment - focused at the needs of the employees selected for training. The two reports appear as annexes to this report.
A.3. The Current Legal Framework
EIAs in “project” based context and EIA in trans-boundary context are regulated in Estonia by acts and regulations as following:
1. Act on Environmental Impact Assessment and Environmental Auditing (RT I 2000, 54, 348) (hereinafter -The Act).
The Act is being amended and is expected to be adopted by the Parliament in 2004. The main changes concern the elaboration of the screening process with the requirement to assess a potential of adverse environment impact of proposed activities in a Natura 2000 site (designated according to the Habitats and Birds Directives). The amendment introduces a short version of Annex II of the EIA Directive by setting a requirement to assess potential environmental impact arising from the activities falling into the sectors in § 6, art.2.
2. Ministerial Regulation on the Requirements on the Environmental Memorandum (RTL 21.02.2001, 24, 318)
3. Ministerial Regulation on the Requirements on the Environmental Impact Statement (RTL 13.02.1002, 20, 274)
4. Ministerial Regulation on the Application Template for the License of Environmental Impact Assessment (RTL 2001,19,256; 2002, 137, 2009;2003, 32, 483
5. Act on the ratification of the Convention on the Environmental Impact Assessment in Trans-boundary Context (1991, Espoo) (RT II 2000, 28, 169)
Other acts making references to the Estonian EIA Act are:
Act on Protection of Natural Objects (APNO, RT I 1994, 46, 773), sets additional restrictions to the use of private property on nature conservation purposes outside protected areas.
Planning Act (PA, RT I 2002, 99, 579), requiring that EIAs are to conducted on the draft Detailed Plans (§9) and before taking a decision on development plans of national importance (§33).
Integrated Pollution Prevention and Control Act (AIPPC, RT I 2001, 85, 512), stipulating in §9 that environmental memorandum and EIA are mandatory requirements in the IPPC permit application.
Waste Management Act (WMA, RT I 2004, 9, 52),
Water Act (WA, RT I 1994, 40, 655),
Act on Earth Crust (AEC, RT I 1994, 86/87, 1488),
Act on the Protection of Ambient Air (APAA, RT I 1998, 41/42, 624).
An EIA is obligatory for all EIA Act Article 6 projects – these include all of the Directive Annex I projects, but the Estonian legislation goes further in that in some cases stricter thresholds are set and some types of projects (such as release of GMOs) are included in the EIA Act Article 6 which do not appear in the Directive Annex I.
The current EIA Act does not transpose, as such, the Directive Annex II list of projects which may be required to be subject to the EIA procedure. A simplified form of Annex II will be introduced into the EIA Act by the current draft amendments. However, despite it being a simplified version of Directive Annex II, it is said that this will transpose the requirements of Annex II.