3 EIA procedure
3.2 EIA procedure in Finland
3.2.1 Goal and contents of the EIA procedure
The environmental impact assessment procedure (EIA procedure) is stipulat-ed by law. In Finland, it is regulatstipulat-ed by the EIA Act (252/2017) and Decree (277/2017). The legislation regarding the environmental impact assessment pro-cedure was renewed in May 2017. The EIA procedure is applied to projects and changes to projects that are likely to have substantial environmental impacts (EIA Act, Appendix 1).
The goal of the EIA Act is to promote environmental impact assessment and the harmonised consideration of the assessment during design and deci-sion-making. Similarly, the goal is to im-prove access to information and partici-pation opportunities for all parties.
A project’s environmental impacts must be examined in the statutory as-sessment procedure during the early stages of the project’s planning, when the alternatives remain open. Authorities may not give permission to execute the project or make any comparable deci-sions before the assessment is complete.
The EIA procedure does not involve de-cisions concerning the project; its goal is to provide information to support deci-sion-making.
The key stages of the EIA procedure are presented in figure 3-1.
COPYRIGHT©PÖ YRY
EIA programmestageEIA report stage
PREPARING THE EIA PROGRAMME
EIA PROGRAMME TO THE LIAISON AUTHORITY
EIA PROGRAMME FOR PUBLIC DISPLAY AND SUBJECT FOR STATEMENTS
STATEMENT FROM THE LIAISON AUTHORITY
ENVIRONMENTAL IMPCAT ASSESSMENT AND COMPARISON
PREPARING THE EIA REPORT
EIA REPORT TO THE LIAISON AUHTORITY
EIA REPORT FOR PUBLIC DISPLAY AND SUBJECT FOR STATEMENTS
REASONED CONCLUSION FROM THE LIAISON AUTHORITY
FURTHER PLANNING, PERMIT APPLICATIONS
•ANNOUNCEMENT
•PUBLIC EVENT
•STATEMENTS
•OPINIONS
•ANNOUNCEMENT
•PUBLIC EVENT
•STATEMENTS
•OPINIONS
Figure 3-1. Stages of the EIA procedure.
41 3.2.1.1 Advance negotiation
Before the start of the EIA procedure, or during its progress, an advance negoti-ation may be arranged in coopernegoti-ation between the Project Developer and the key authorities. The goal of the advance negotiation is to facilitate the manage-ment of the complex of the assessmanage-ment, design and permit procedures required for the project as well as information ex-change between the Project Developer and the authorities, to improve the quali-ty and usabiliquali-ty of the studies and docu-ments and to streamline the procedures.
An advance negotiation with the liai-son authority was held on 20 June 2018.
Representatives from the liaison authori-ty, Project Developer and EIA consultant as well as a broad selection of different authorities were invited to the advance negotiation. Prior to the advance nego-tiation, the participants were provided with a draft of the EIA programme for comments and, furthermore, all com-ments from the authorities submitted by August 2018 have, whenever possible, been taken into account in the drafting of the EIA programme. A memorandum of the advance negotiation was drawn up and it can be found in electronic format on the website of the EIA procedure.
3.2.1.2 EIA programme
The environmental impact assessment programme is drawn up during the first stage of the environmental impact as-sessment procedure. The EIA programme
• A description of the project, its purpose, design stage, location, size, land use needs and interfaces with other projects.
• Information on the Project Developer and an estimate of the project’s design and implementation schedule.
• The project alternatives and zero alternative.
• Information on the plans and permits required for implementing the project.
• A description of the current state of the environment and its development in the likely affected area.
• A proposal of the environmental impacts identified and submitted for examination (including common impacts with other projects).
• Information regarding the created and planned studies and the methods used in the acquisition and assessment of the documentation as well as the related as- sump- tions.
• Information on the qualifications of the authors of the assessment programme.
• A plan regarding the arrangement of the assessment procedure and its related par-ticipation, and their interfaces with project design.
• An estimate of the completion of the assessment report.
is a plan (working programme) regarding the arrangement of the environmental impact assessment procedure and the studies required for it. The programme presents, among other things, the basic information regarding the project and its alternatives and an estimate of the pro-ject schedule. Furthermore, it contains
a description of the current state of the environment in the project area and pre-sents a proposal for the methods for assessing environmental impacts and a plan for arranging the participation.
The environmental impact assessment programme presents the following infor-mation to the necessary extent:
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The EIA procedure is officially started when the EIA programme is submitted to the liaison authority. The liaison authority communicates on the starting of the EIA procedure and the public availability for viewing of the EIA programme in elec-tronic format on its Internet site and in the municipalities of the likely affected area.
The period of availability begins from the publication date of the announcement and lasts for 30 days (for specific rea-sons, such as the applicability of the in-ternational procedure, the time may be extended to 60 days). During this time, opinions regarding the EIA programme may be submitted to the liaison authori-ty. The liaison authority will also request statements regarding the programme from different authorities. The liaison au-thority compiles the statements provided regarding the programme and uses them as a basis for providing its own statement to the Project Developer within one month after the termination of the period of avail-ability for viewing.
3.2.1.3 EIA report
The environmental impact assessment report is drawn up on the basis of the assessment programme and the liai-son authority’s statement regarding it.
Among other things, the EIA report pre-sents information regarding the project, a description of the current state of the environment, a description of the likely significant environmental impacts of the project and its alternatives, the mitigation and follow-up of the environmental im-pacts, the comparison of the alternatives,
and information regarding the execution of the environmental impact assessment procedure. The assessment report also includes a popularised summary.
The environmental impact assessment report presents the following information to the necessary extent:
• A description of the project, its purpose, location, scope, land use needs and key characteristics, considering the construction and operation stages as well as pos- sible decommissioning and emergency situations.
• Information on the Project Developer, the project’s planning and execution sched- ule, the plans, permits and similar decisions required for the implementation and the project’s interfaces with other projects.
• An analysis of the relationship of the project and its alternatives in relation to land use plans and the relevant plans and programmes concerning the use of natural resources and environmental protection.
• A description of the current state of the environment in the affected area and its likely development if the project is not implemented.
• An assessment and description of the likely significant environmental impacts of the project and its alternatives. The assessment and description of the likely significant environmental impacts covers the direct and indirect, cumulative, short-term, medium- term and long-term permanent, temporary, positive and negative impacts as well as cumulativempacts with other existing and approved projects.
• An assessment of potential accidents and their consequences.
• A comparison of the environmental impacts of the alternatives.
• Information regarding the main reasons for selecting the present alternative(s), includ-ing environmental impacts.
• A proposal for actions to be taken to avoid, prevent, mitigate or eliminate the iden- tified significant adverse environmental impacts.
• A proposal for potential follow-up arrangements related to the significant ad- verse environmental impacts.
• An analysis of the stages of the assessment, with the participation arrangements, and their connection with the project planning.
• A list of sources used in the preparation of the descriptions and assessments in- cluded in the report, a description of the methods used in the identification, predic- tion and assessment of significant environmental impacts, and information regard- ing the deficiencies identified while compiling the required information and the key uncertainty factors.
• Information on the qualifications of the authors of the assessment report.
• An analysis of how the liaison authority’s statement on the assessment pro-gramme has been taken into account
43 The liaison authority will communicate
regarding the completion of the assess-ment report in a similar manner as in the case of the assessment programme. The assessment report will be made avail-able to the public for a minimum of 30 days and a maximum of 60 days, during which time statements will be requested from the authorities and residents and other stakeholders have the opportunity to present their opinion to the liaison au-thority. The authority will take the provid-ed opinions and statements into account in its own justified conclusion.
3.2.1.4 Justified conclusion
The liaison authority inspects the scope and quality of the environmental impact assessment report and, following this, draws up a justified conclusion on the project’s significant environmental im-pacts. The justified conclusion presents a summary of the other statements and opinions provided regarding the EIA re-port.
The justified conclusion shall be pro-vided within two months after the end of the period reserved for providing state-ments and presenting opinions regarding the EIA report.
The EIA procedure ends when the li-aison authority submits the justified con-clusion and the other statements and opinions to the Project Developer. In ad-dition, the liaison authority must submit the justified conclusion for information to the authorities processing the project, the municipalities in the affected area and, if necessary, the regional federations and
other affected authorities, and to publish it on the liaison authority’s website.