Scope of Application of the Environmental Impact Assessment Procedure

Abstract

This article is divided into two parts: in the first, we seek to shed light on the scope of application of the Environmental Impact Assessment (EIA) procedure, discussing issues such as the relationship between the general submission clause of Article 20(1) and the annexed lists of Decree-Law No. 186/90, the regime applicable to categories of projects not covered by Regulatory Decree No. 28/90, and the potential non-compliance with Community law due to the failure to transpose Directive 85/337 on environmental impact assessment.

We will interpret the indeterminate concepts — nature, scale and location — contained in the general clause, applying them subsequently to projects listed but not regulated, as well as to projects outside the lists.

In the second part, after a brief analysis of the new Decree-Law No. 239/97 of 9 September on waste management, we will apply the criteria defined in the first part to waste management facilities, and finally determine which of them, and under what conditions, are subject to environmental impact assessment.