Evaluation and future development of the EIA system in Jordan

MEDITERRANEAN ENVIRONMENTAL TECHNICAL ASSISTANCE PROGRAM Evaluation and future development of the EIA system in Jordan A report prepared under the METAP EIA Institutional Strengthening Project December 2000 Prepared by Manchester University EIA Centre in cooperation and collaboration with the Rural Development, Water and Environment Department of the (Middle East and North Africa Region) and the METAP Regional Facility, Cairo.

Contents Executive Summary 1. METAP EIA project activities 2. Summary of the Jordanian EIA system in relation to international norms 3. Legal and administrative framework for EIA 4. Operational and institutional implementation of EIA 5. Amendment of the Jordanian EIA system for compatibility with international norms Annex. Summary of the Jordanian EIA system and comparison with and European Union requirements J 2

EXECUTIVE SUMMARY An evaluation study was conducted to assess the current status of EIA in Jordan and develop an action plan for institutional strengthening. The study was based on interviews and discussions with national and local government departments, industrial organizations, NGOs, universities, technical institutes and private consulting firms. A questionnaire was also completed and relevant documentation studied. The legal basis for EIA in Jordan is provided by Law No. 12 on Environmental Protection of 1995. Article 15 of this law empowers the General Corporation for Environmental Protection (GCEP) to develop procedures and measures for EIA. Work on a draft EIA By-Law started early in 1997 with support from UNDP. This has yet to bear fruition. An EIA Directorate was established within GCEP. This Directorate is responsible for administering the EIA system and coordinating the licensing of development activities. The directorate administers the EIA studies conducted on an ad hoc basis, primarily under the requirements of international agencies. The principal need is to develop and implement an effective EIA by-law. Other specific aspects of the EIA system requiring further attention include: Tailoring the system to priority environmental issues Developing technical capacity in EIA Public participation Linking EIA and pollution control Linking to decentralized environmental authorities Strategic Environmental Assessment and integration of EIA into land use planning Compatibility with and other international norms. Recommended actions include developing and issuing detailed legislation for EIA, including appropriate mechanisms for screening, public participation, access to EIA reports, scoping, environmental management plans, implementation monitoring, content of EIA reports, pollution control, transboundary and global impacts, the review of EIA reports, and the development of guidelines. J 3

1. METAP EIA PROJECT ACTIVITIES This report is based on work carried out under the METAP EIA Institutional Strengthening project. A one-week assessment took place April 18-22, 1999. This was followed by a training workshop with the General Corporation for Environmental Protection September 5-9, 1999. Further details are given in METAP (2000), Institutional Strengthening of the EIA Systems in METAP Countries: Pilot Project, Final Report, April 2000. The content of this report is derived from the project s final report and updated from more recent information provided by the General Corporation for Environmental Protection. 2. SUMMARY OF THE JORDANIAN EIA SYSTEM IN RELATION TO INTERNATIONAL NORMS The Jordanian EIA system is summarised in the annex along with the corresponding features of the Environmental Assessment policy OP 4.01 and the European Union EIA Directive 97/11/EC. The annex also indicates possible changes to the Jordanian EIA system that would be necessary to achieve compatibility with procedures and consistency with the EU Council Directive. These are discussed more fully in Section 5. 3. LEGAL AND ADMINISTRATIVE FRAMEWORK FOR EIA Legal Provisions The legal basis for EIA in Jordan is provided by Law No. 12 on Environmental Protection of 1995. Article 15 of this law empowers the General Corporation for Environmental Protection (GCEP) to develop procedures and measures for environmental impact assessment (EIA). Work on a draft EIA By-Law started early in 1997 as a major component of a national Agenda 21 project supported by UNDP. The main objective was to establish a national system for environmental impact assessment under Law 12. In May 1997, an Executive Committee of national experts and three members of the GCEP legal committee was formed to draw up the EIA by-law, associated administrative structures and procedures, and supporting institutional capacity. After a break in its activities for much of 1998, the committee began work again in December 1998. Several drafts of the EIA by-law were proposed throughout the work of the committee. Agreement had not been reached at the time of the assessment visit in April 1999, when a meeting of the committee was attended, nor at the time of the workshop in September 1999. The principal difficulties arose from differences of opinion between the legal committee drawing up the by-law, and the technical committee drawing up administrative structures and procedures. J 4

Institutional and Administrative Framework Under the 1995 Law, the General Cooperation for Environmental Protection (GCEP) is an administratively and financially independent corporation attached to the Minister of Municipal and Rural Affairs and the Environment. It is responsible for all environmental issues in Jordan including management of EIA studies. Article 5 of the 1995 Law requires GCEP to perform its tasks in coordination with and with the cooperation of the relevant authorities, which include other ministries and local government (governorates and municipalities). In order to discharge its responsibilities, several GCEP Directorates have been established, including the EIA Directorate established as part of a project funded by the Global Environmental Facility (GEF) in 1994. Additionally, in each governorate, a Directorate of Municipal and Rural Affairs and the Environment was established. The EIA Directorate in GCEP will be responsible for administering the EIA system. The directorate currently coordinates the licensing of development activities. Small activities are approved by municipalities and governorates. The ministry has issued general instructions identifying the development proposals which must be submitted to the governorate s Environment Directorate. These are in turn referred to the EIA Directorate of GCEP and submitted to a Central Licensing Committee composed of representatives of the relevant government authorities (Health, Water, Agriculture, Industry and Trade, Natural Resources, Energy, Municipalities, and GCEP). A license from the committee is required and may have conditions attached to it before the relevant authorities can grant development permits. Two divisions of the EIA Directorate are planned, one for EIA and licensing of new development proposals and the other for monitoring and regulating existing activities. EIA is currently practiced on an ad hoc basis. A small number of full EIA studies have been carried out for internationally-funded projects, generally under the procedures of the funding agencies, using foreign and local consultants. There are three main environmental NGOs in Jordan. All three are represented on the Jordanian Higher Environmental Council. These are: Royal Society for the Conservation of Nature (RSCN) Jordan Environment Protection Committee (JEP) Jordanian Society for Desertification Control and Badia Development (JSDCBD). Both JEP and JSDCBD represent interested professionals and are selective in their membership. RSCN has a broad based membership with links to RSPB and the RGS in the U.K. It considers health and social factors as well as nature conservation. All three organizations are members of IUCN. J 5

Observations on the Legal and Administrative Framework The basic structure of the existing licensing system is considered sound. It incorporates environmental planning and control directly into the existing structures for development planning and approval at both national and local government levels. It allows balanced development decisions to be made, taking into account of economic, social and environmental factors. During the assessment visit, a regular meeting of the Central Licensing Committee was attended. The meeting ran extremely smoothly, with a high degree of cooperation between the different bodies represented. Decisions were reached rationally and based on relevant information. For maximum effectiveness, the EIA regulations need be designed to take full advantage of the strengths of existing systems, and reinforce them. This contrasts with some of the ideas debated by the Agenda 21 Committee in the meeting that was attended. These favored establishing separate processes under the full control of the GCEP. Whichever approach is adopted, it will be particularly important to establish clear relationships between EIA for major projects, the licensing of polluting activities too small to warrant an EIA, and monitoring and regulation of existing activities. These relationships need to be clearly defined as the administrative structure is further developed. At the same time, the screening process for EIA will need to be designed with the above pollution control considerations in mind, in such a way as to make environmental controls as cost-effective as possible for both small and large scale developments. Similarly, the EIA system will need to be carefully designed to link into existing land use planning and water resource planning mechanisms. If this is done successfully, EIA can make a significant contribution to improving the effectiveness of these mechanisms. Guidelines and Procedures A draft procedure and general guide to EIA has been prepared by the Agenda 21 technical committee. A general guideline on EIA has been prepared by the EIA Directorate, as part of a manual which includes sectoral guidance for nine types of projects. The procedures and general guidance will require extensive revision once the EIA by-law is approved. The sectoral guidance forms a valuable starting point, but will require revision and extension once decisions have been made on screening and scoping systems for full EIA and simpler forms of appraisal. 4. OPERATIONAL AND INSTITUTIONAL IMPLEMENTATION OF EIA Several potential difficulties that need to be overcome in setting up and implementing the Jordanian EIA system were identified during discussions held for the assessment visit and J 6

workshop. These were detailed in the visit report and included many solutions proposed by participants. The following commentary summarizes the main issues. Environmental Issues For greatest effectiveness, the EIA system must address priority environmental and developmental issues. Many participants stated that the first among these in Jordan is water, in terms of both quantity and quality. The EIA system must directly address both of these water issues. This might be achieved by establishing clear significance criteria for the assessment of individual projects based on existing water resources, pollution control and land use planning at national, regional and local levels. Liaison with other government departments is needed in the further development of such plans. Technical Capacity in EIA There are no established consultants in Jordan with experience in managing EIA studies, though some have contributed to international EIAs. There is also good technical expertise in Jordan for several of the specialist components of EIA studies. Most of these people belong to the Jordan Environment Society which could from an EIA group. In 1998 GTZ initiated a consultants society. The Water and Environment Research and Study Centre, University of Jordan, runs an annual EIA course. The Centre has contributed to EIA studies, and to the review process. The Chamber of Industry has just started an EIA course, also. It already runs courses on ISO 14000 (3 companies are already certified). The chamber offers consultancy services on ISO 14000 and related matters. The current EIA training program run by the King Hussein Environmental Management Training Programme (with the World University Service of Canada - WUSC) finished in autumn 1999. WUSC is bidding for funding for advanced EIA training in 2000. It was stated that many consultants do not appreciate the difficulties of obtaining good environmental data which is widely scattered and not systematically maintained. However, other consultants have accumulated significant knowledge of data repositories. This includes NGOs such as RSCN and JES, which sometimes charge fees for data provision. Until the EIA by-law is approved, it is thought that further action beyond that proposed by WUSC is unlikely to be needed, other than continuing to use local experts in internationally-funded EIA studies. Once the by-law is approved, further training for GCEP staff will be needed, particularly for the review process. It will also be necessary to revise and issue guidelines, as noted above. J 7

Public Participation Public participation is currently enabled through a requirement that certain proposed changes in land use be announced by posting notices in the local municipality. Generally speaking, NGOs have little experience contributing to EIA studies. They do not receive any notification of development proposals. The Royal Scientific Society has, however, contributed to EIA studies on a limited basis. It is considered that all NGOs consulted could make a valuable contribution to the consultation and participation process. The EIA by-law should be framed in such as way as to facilitate this. EIA and Pollution Control The Air Protection Directorate of GCEP is responsible for establishing air quality and noise standards, monitoring, and enforcement. The Jordanian Standards Institute also has a committee from various agencies drafting environmental standards. These include ambient and emission standards for air, wastewater, and standards for sewage sludge and water for agricultural use. The Air Protection Directorate acts in cooperation with industries, making inspection visits, producing reports, making recommendations, and where necessary requiring modifications. Some difficulties have arisen in law enforcement with public sector industries, e.g. nonuse of precipitators in a major potash plant. The city of Zarqa has significant pollution problems from its industrial activities. Local government has a monitoring program in place, but there is a shortage of qualified staff. To overcome these difficulties, the EIA system needs to link closely with the Air Protection Directorate and the corresponding authorities for water protection to monitor new projects subject to EIA and control pollution existing activities. Decentralization It was reported that several governorates have introduced their own environmental procedures in Jordan. Aqaba has draft EIA procedures. Both Petra and the Dead Sea region have done environmental reviews and produced manuals on environmental practices. To capitalize on this, the governorates environmental responsibilities and activities should be acknowledged and made use of in the EIA system. Strategic Environmental Assessment and Integration of EIA into Land Use Planning A national land use plan and map, including transport guidelines, is being developed by the Urban Planning Department of MMRE. Previous regional plans have not been properly implemented. J 8

In 1993 German and U.S. agencies initiated a strategic environmental study of agricultural policy involving numerous experts and stakeholder groups. This was ratified by the Royal Court in 1995, but it has not yet been implemented and enforced. It would be advantageous for GCEP to liaise with MMRE, to link EIA into land use planning through involvement in plan preparation and in cooperation when reviewing ToRs and EIAs. Similar use may be made of the agricultural study and others like it. 5. AMENDMENT OF THE JORDANIAN EIA SYSTEM FOR COMPATIBILITY WITH INTERNATIONAL NORMS In the absence of detailed regulations, the provisions of the Law on Environmental Protection are insufficient to demonstrate compatibility with Environmental Assessment OP 4.01 or consistency with the European Union directive 97/11/EC. Differences are summarized in the Annex. Table 1 indicates the most important differences and the actions that could be taken to address them. Except where stated otherwise, these recommendations apply only to projects subject to full EIA. Table 1. Suggested amendments to the Jordanian EIA system Requirement Suggested action 1 Detailed legislation for The draft EIA by-law should be revised and issued. EIA 2 Screening A distinction needs to be made between projects requiring full EIA and those subject to a simpler appraisal. Simpler appraisals may be done through the existing licensing arrangements, but need to be defined more fully through regulations. Screening procedures need to be defined which are consistent with the s indicative lists. This may be achieved by adopting a similar approach to the EU s screening procedures. 3 Public participation The by-law should specify consultation with affected groups and NGOs before the minimum scope is finalized in the ToR and at the review stage. 4 Access to EIA reports Full details should be given in the by-law of how EIA reports will be made available to the public and how their comments will be taken into consideration prior to project implementation. 5 Scoping The general scope specified in OP 4.01 should be detailed in the regulations. Requirements should be defined for reviewing and/or advising on ToRs, including, where appropriate, a field visit by GCEP staff and specific requirements for public consultation. 6 Environmental management plans Regulations should specify the submission of an Environmental Management Plan satisfying the requirements of OP 4.01. 7 Implementation monitoring Regulations should specify monitoring reports to be submitted to GCEP after project implementation. There should also be provisions for GCEP or other licensing authorities to undertake supervision visits similar to those conducted by the Bank. J 9

8 Content of EIA report The by-law should specify the full report content given in the World Bank procedures. 9 Non-technical summary Regulations should specify that the EIA report includes a readily understandable executive summary. 10 Alternatives The by-law should include requirements to consider alternatives. 11 Review of EIA reports Review criteria should be defined in official guidance for developers, covering all types of development. 12 Pollution control Pollution control measures should be specified in greater detail, for example by reference to the s Pollution Prevention and Abatement Handbook. Use of relevant measures should apply to all projects to which they are applicable, as well as to those requiring full EIA. 13 Guidelines General guidelines on implementation of the EIA system should be developed in accordance with the final version of the by-law. Pending development of more comprehensive sectoral guidelines than those already prepared, reference may be made to internationally recognized guidelines such as those of the World Bank. 14 Transboundary and global impacts Regulations or enforceable procedures should specify the study of transboundary and global impacts, as in OP 4.01. J 10

Annex. Summary of the Jordanian EIA system and comparison with and European Union requirements EIA LEGISLATION AND PROCEDURES 1 Enabling legislation for EIA Law on Environmental Protection No. 12, 1995 Jordanian EIA system Policy EU Council Directive Changes for Compatibility with OP 4.01, 1999 EA is the process that is specific to each specific operation, both category A and category B projects. Any report resulting from the process is an EA report. BP/GP 4.01 1999 2 Detailed legislation for EIA None (several draft bylaws have been prepared) 3 Formal provisions for SEA None Definitions of sectoral and regional EA are provided. Sectoral and/or regional EA is required when the project is likely to have cumulative or regional impacts. 4 Local government EIA legislation or procedures Draft directive prepared by the Aqaba Region authority - Optional 5 Sectoral authority EIA None - Optional legislation or procedures 6 General and specific guidelines Limited draft guidance EA sourcebook and updates, 1991-2000. Pollution Prevention and Abatement Handbook, 1999. Optional Directive 97/11/EC, 1997 Defined by each member state None Einalize and enact EIA regulations Some additional guidelines may be necessary. Changes for Consistency with EU J 11

ADMINISTRATION OF EIA 7 Main administrative body for EIA 8 Competent authority for Jordanian EIA system Policy EU Council Directive Changes for Compatibility with General Corporation for Environmental Protection Regional Environment Unit GCEP Director, Regional environmental acceptability Environment Unit 9 Review body for EIA GCEP regional environment unit (BP) 10 Sectoral authority responsibilities 11 Local government responsibilities 12 Other bodies responsible for planning approval 13 Method of co-ordination with other planning approval bodies Licenses for small and medium projects are coordinated through a Central Licensing Committee N/A N/A Local planning approval N/A N/A Various ministries, local government Relevant bodies sit on the Central Licensing Committee N/A N/A - Internally with environment department anchor - Externally with national environmental agencies and concerned ministries/entities - For risky projects Quality Assurance and Compliance Unit (QACT) of the environment anchor. Defined by each member state Defined by each member state Not defined Statutory consultation (Article 6) It would be advantageous to specify consultation for full EIA, similar to the existing process for licensing. Changes for Consistency with EU Add formal definition of consultation J 12

14 Method of coordination with pollution control approval and regulation Jordanian EIA system Policy EU Council Directive Changes for Compatibility with Pollution control operates through the central licensing system Use of Pollution Prevention and Abatement Handbook Available as guidance. The EA may recommend alternative emission levels and approaches to pollution prevention and abatement of the project. Exceptions should be rare. STAGES OF EIA Screening 15 Screening categories Not yet defined EA is the process that is specific to each operation, both category A and category B projects. Any report resulting from the process is an EA report. - Screening categories : A, B, C and FI. Separate EU Directive, but procedure may be integrated (Article 2a). One category for full EIA: Annex I full EIA mandatory; Annex II screening for full EIA For pollutants or processes for which national standards have not yet been developed, make use of the World Bank s Pollution Prevention and Abatement Handbook, 1999. Define screening categories Changes for Consistency with EU Define lists for to be compatible with Annexes I and II 16 Screening method Discretionary Individual screening for significance, with illustrative lists (BP, GP) and on the basis of sourcebooks. Annex I mandatory Annex II individual screening for significance, or standard significance criteria, based on criteria in Annex III Define screening criteria and procedures As. J 13

Jordanian EIA system Policy EU Council Directive Changes for Compatibility with Scoping 17 Scoping method Undefined - Based on EA TOR for category A projects - Approval of WB - EA TOR after scoping Content of EIA study 18 Content of EIA report Undefined - executive summary - policy, legal and administrative framework - project description - baseline data - prediction and assessment of environmental impacts and mitigation - analysis of alternatives - environmental management plan - list of EIA report preparers - record of consultations - references and supporting data (Annex B) General list, individual scoping by proponent (Article 3), optional scoping opinion of competent authority and statutory consultees (Article 5), no scoping restriction by ToR (Article 5) - project description - outline of alternatives - baseline data - prediction and assessment of environmental impacts - mitigation measures - non-technical summary - indication of difficulties in assessment (Article 5, Annex 4) Define method of scoping as Revise content to include all components. Changes for Consistency with EU ToR must not preclude subsequent requests for further information. As. Add requirement for indication of difficulties in assessment uncertainties. 19 Requirements for non-technical summary None Executive summary (Annex B) Non-technical summary (Article 5) Add requirement for nontechnical summaries As J 14

20 Requirements for considering alternatives 21 Requirements for environmental management plans 22 Requirements for transboundary impacts Jordanian EIA system Policy EU Council Directive Changes for Compatibility with None None none Policy requirement since EA evaluates a project s potential environmental risks and impacts in its area of influence, examines project alternatives. Specifically required in the OP and also included as Annex C. OP strengthens and clarifies the role of the EMP by specifically listing EMP as a component of the category A project EA report, and specifically citing EMP provisions related to the implementation of the EA. Compliance with all international treaties specified. The Bank does not finance project activities that contravene country obligations under relevant international environmental treaties and agreements. Study required (Article 5) None Assessment and consultation required (Article 7) Add requirement for analysis of alternatives Add requirement for full EMP, with details as Add requirement for transboundary impacts, as Changes for Consistency with EU As As. Also include consultation. J 15

Jordanian EIA system Policy EU Council Directive Changes for Compatibility with 23 Requirements for global impacts None Compliance with all international treaties specified. The Bank does not finance project activities that contravene country obligations under relevant international environmental treaties and agreements. Review, public participation and decision-making 24 Method for review of content and substance of EA reports submitted not defined Comparison with ToR (BP) Consistency with TOR as specified in the guide for preparation and review of EA reports for MENA region Unclear - cumulative impacts to be assessed, but not specifically global (Annex 4) Relevance to the specific characteristics of the project, the environmental features likely to be affected, and current knowledge and methods of assessment (Article 5). Add requirement for global impacts, as World Bank. Define review method, including use of ToR and sectoral guidance for review purposes Changes for Consistency with EU Include study of cumulative effects Provision for specific checks. If ToR submitted, this must not preclude subsequent requests for Further information. J 16

25 Requirements for public participation Jordanian EIA system Policy EU Council Directive Changes for Compatibility with None For all category A and B projects the borrower consults project-affected groups and local NGOs. For category A projects, consultation occurs twice: - shortly after screening and before EA TORs are finalized (scoping) - once a draft EA report is prepared Public access to EIA report, and opportunity to comment (Article 6). Clarify requirements for public participation in scoping, as Changes for Consistency with EU J 17

26 Arrangements for access to EIA reports Jordanian EIA system Policy EU Council Directive Changes for Compatibility with None Disclosure Policy : Mandatory for A and B projects. The borrower provides relevant materials in a form and language that are understandable prior to consultation...: Detailed arrangements must be specified by member states (Article 6) Add requirements for access to EIA reports, as Changes for Consistency with EU As Whenever an EA report is required: EA made available at a convenient public location near projectaffected people and their comments must be taken into consideration. EA must be accepted by the Bank and disclosed at the Bank s Infoshop prior to project appraisal. 27 Decision-making authority Not yet defined Integrated with appraisal of project design and economic analysis (BP) 28 Provisions for appeal none Follow-up Follow-up 29 Requirements for follow-up and monitoring Pollution monitoring currently by GCEP and the other relevant bodies Regional Environment Unit Reports submitted to by borrower, supervision visits by. Competent authority consults statutory consultees (Articles 6, 8), publication of reasons for decision (Article 9) None Define decision-making responsibilities Clarify responsibilities for follow-up monitoring Include statutory consultation and publication of reasons for decision J 18

Jordanian EIA system Policy EU Council Directive Changes for Compatibility with EIA CAPACITY 30 Expertise for conducting EIA Undefined Independent EA experts retained by proponent, independent international panel for major issues for category A. EA is responsibility of borrower. 31 Number of EIAs conducted Small number for funding agencies 32 Approximate number of EIA firms and individuals A small number of individuals have experience with EIAs for funding agencies - - - - 33 Foreign consultants used? Entirely - - 34 Universities and institutes with EA technical expertise University of Jordan - - Proponent responsible for the assessment (Article 5 and Annex 4) International panel for major issues. Strengthen review system for independent review. Changes for Consistency with EU 35 Universities and institutes with EIA systems expertise University of Jordan - - 36 Training provisions Module in Masters program at University of Jordan 37 Other EIA capacity-building programs King Hussein Environmental Management Training Programme (World University Service of Canada), UNDP Capacity 21 - - - - J 19

J 20