EIA – Declaratory Proceedings
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In order to obtain security whether a project is to be subjected to the Environmental Impact Assessment there is the possibility to carry out declaratory proceedings. The project applicant can, in cases, where an examination of an individual case would have to be carried out, apply for a voluntary Environmental Impact Assessment. Moreover, if an EIA has to be initiated, a decision is taken, which procedure (EIA procedure or simplified procedure) is to be applied.
The decision shall be taken within a period of six weeks by decree.
For federal roads and high performance railway tracks the deadline for the decision of the Federal Minister for Climate Action, Environment, Energy, Mobility, Innovation and Technology makes up eight weeks.
See Description of the subject matter.
There are no specific time limits.
- the respective competent Provincial GovernmentGerman text according to the location of the project
- for the implementation of the procedure for federal roads and high-performance railway tracks: the Federal Minister for Climate Action, Environment, Energy, Mobility, Innovation and Technology (→ BMK)
The declaratory proceedings take place upon application. This application can be filed by the following persons and/or institutions:
- the project applicant
- the participating authority
- the environmental ombudsman
The declaratory procedure can also be initiated ex officioGerman text by the competent authority.
Party status is granted to the community of location, the project applicant, the environmental ombudsman.
Description of the planned project (e.g. plans, photos)
The project applicant is obliged to forward to the authority respective documents on his own project in the declaratory procedure. In this context information on the identification of environmental impact of the project has to be provided, including at least rough information about the cumulation with other projects.
The costs depend on the respective Ordinances of the Federal Provinces on levies and fees. Please ask the competent body in advance.
- Section 3 paragraphs 2, 4, 4a, 5, 7 and 8 of the Umweltverträglichkeitsprüfungsgesetz 2000 (UVP-G 2000)
- Section 3a of the Umweltverträglichkeitsprüfungsgesetz 2000 (UVP-G 2000)
- → Guidelines on the Environmental Impact Statement and for certain types of projects ( → Umweltbundesamt)German text (Leitfäden zur Umweltverträglichkeitserklärung und für bestimmte Vorhabenstypen)
responsible for content: Federal Ministry for Climate Action, Environment, Energy, Mobility, Innovation and Technology