Comparative evaluation of EIA systems in the Gulf Cooperation Council States

Abstract

This review paper details the current status of environmental impact assessment (EIA) legislation framework and procedures of implementation of EIA systems in the Gulf Cooperation Council States. The paper discusses the similarities and the different practice approaches of EIA studies between the States through assessment criteria of EIA systems. Performance evaluation criteria consisting of systematic and foundation measures are used for comparative assessment. This paper hence, seeks to develop a compilation on these EIA systems with regard to its legislation, practices and performance in the respective countries. A set of recommendations on how such practices can be enhanced and improved is presented.

Keywords::

• EIA
• performance evaluation
• GCC States
• guidelines
• environmental agency

Abbreviations:
CITET	=	Tunis International Center for Environmental Technologies
DGEA	=	Directorate General of Environmental Affairs
DGPEW	=	Directorate General for Protection of Environment and Wildlife
EAD	=	Environment Agency – Abu Dhabi
EEAA	=	Egyptian Environmental Affairs Agency
EER	=	Environmental evaluation report
EIA	=	Environmental impact assessment
EMPs	=	Environmental management plans
ESCWA	=	Economic and Social Commission for Western Asia
ESR	=	Environmental scoping report
FEA	=	Federal Environment Agency
EPA	=	Environmental Public Authority
EPAA	=	Sharjah Environment and Protected Areas Authority
GDP	=	Gross domestic product
GCC	=	Gulf Cooperative Council
IEA	=	Initial environmental authorization
IEE	=	Initial environmental evaluation
KSA	=	Kingdom of Saudi Arabia
MD	=	Ministerial decision
MECA	=	Ministry of Environment and Climate Affairs
MENA	=	Middle East and North Africa
MMAA	=	Ministry of Municipal Affairs and Agriculture
MEPA	=	Meteorology and Environmental Protection Administration
NOC	=	No objection certificate
PER	=	Preliminary environmental review
RD	=	Royal Decree
SCENR	=	Supreme Council for the Environment and Natural Reserves
SEA	=	Strategic environmental assessment
UAE	=	United Arab Emirates

Introduction

With many countries jumping into the band wagon of conducting environmental impact assessments (EIAs), the Arab world was seen to jump in late; some came forward during the 80s and some countries implemented EIA policies very recently, a little less than 10 years ago (El-Fadl & El-Fadel 2004). Among the first countries to stress on the importance of the environment and the implementation of EIAs was The Sultanate of Oman in 1982. Other Arab countries including those in the Arabian Peninsula soon followed (El-Fadl & El-Fadel 2004).

Several comparative and evaluation EIA studies have been conducted and published of different courtiers in the Middle East and North Africa (MENA) region (ESCWA 2001; Ahmad & Wood 2002; CITET 2003; El-Fadl & El-Fadel 2004). Ahmad and Wood (2002) touched upon the Arab States briefly, discussing much more in depth about countries in North Africa; Egypt and Tunisia to be more exact. However, it gave in a nutshell some legislation procedure enactment in the Arab world. El-Fadl and El-Fadel (2004), on the other hand, did a much more exhaustive and comprehensive study on countries of the MENA region. This gave a solid foundation and overview on how Arab States came to implement EIAs and the following legislations and executive regulations in relation to them. However, the Gulf Cooperative Council (GCC) States were briefly discussed. Their paper was subjective with regard to the GCC States; the information provided in the study was not enough in detail to have in-depth assessment. Most of the laws elaborated in their paper with regard to the GCC States were in draft stages rather than the actual implementation stages, and in some cases, the information of many GCC States such as for Bahrain was not available. Moreover, not much literature has reviewed this essential area of the world's economy

Most of laws and regulations of EIA have been finalized, revised or amended in the GCC States. Therefore, a focused and detailed performance evaluation of the GCC States' EIA systems is required to present the current status of EIA legislations in GCC States. This review paper focuses on the GCC States' EIA systems through comparative assessment of analytical framework for EIA regulations and procedures of implementation and discusses the different practice approaches of EIA studies between the States. Furthermore, this paper showcases the similarities and the best practices of these States, along with a set of recommendations on how such practices can be enhanced and improved. This paper, hence, seeks to address the major issues and policies with regard to the EIA systems in the GCC States and develops a compilation on these EIA systems with regard to its legislation, practices and performance in the respective countries (Table 1).

Table 1 Administration authorities for EIA and environmental permitting in the GCC States.

State	Regulatory authority	Establishment
Oman	MECA – DGEA	1984 changed in 2007
UAE	FEA	1993
Qatar	SCENR	2000
KSA	MEPA	2001
Bahrain	Public Commission for the Protection of Marine Resources, Environment and Wildlife – DGPEW; EIA and Planning Directorate	1998
Kuwait	EPA – Environmental Planning and Impact Assessment Department	1995

Methodology

A set of descriptive analytical criteria was developed by Ahmad and Wood (2002) and was used by El-Fadl and El-Fadel (2004) in their comparative assessment for status of EIA systems in countries of the MENA region. Several previous studies have adopted a similar evaluation framework (Ortolano et al. 1987; Ortolano 1993; Fuller 1999; Wood 1999). The evaluation criteria used in this paper was similar to that used by El-Fadl and El-Fadel (2004). It is categorized into systematic and foundation measures and these are presented in Table 2. The main characteristics of the EIA systems in GCC States are presented in Appendix 1.

Table 2 EIA evaluation criteria: systemic and foundation measures used by Ahmad and Wood (2002).

Systemic measures
(1) EIA legislation
1.1. Legal provisions for EIA
1.2. Provisions for appeal by the proponent or the public against decisions
1.3. Legal or procedural specification of time limits
1.4. Formal provisions for SEA
(2) EIA administration
2.1. Competent authority for EIA and determination of environmental acceptability
2.2. Review body for EIA
2.3. Specification of sectoral authorities' responsibilities in the EIA process
2.4. Level of coordination with other planning and pollution control bodies
(3) EIA process
3.1. Specified screening categories
3.2. Systematic screening approach
3.3. Systematic scoping approach
3.4. Requirement to consider alternatives
3.5. Specified EIA report content
3.6. Systematic EIA report review approach
3.7. Public participation in EIA process
3.8. Systematic decision-making approach
3.9. Requirement for EMPs
3.10. Requirement for mitigation of impacts
3.11. Requirement for impact monitoring
3.12. Experience of SEA
Foundation measures
(4) Existence of general and/or specific guidelines including any sectoral authority procedures
(5) EIA system implementation monitoring
(6) Expertise in conducting EIA (national universities, institutes, consultancies with EIA technical expertise)
(7) Training and capacity building

The information presented herein was sourced and compiled from different published articles and papers; official gazettes and computer-based web searches acknowledged in references.

GCC States profile

The GCC also known as Cooperation Council for the Arab States of the Gulf was established in 1981 (GCC Secretariat General 2011). It is a political and economical union of the GCC States in the Arabian Peninsula bordering the Arabian Gulf and the Sea of Oman (Figure 1). Currently the union consists of six countries; Sultanate of Oman, Kingdom of Saudi Arabia (KSA), Kingdom of Bahrain, United Arab Emirates (UAE), State of Qatar and State of Kuwait.

Figure 1 States of the GCC.

The GCC States are countries with one of the fastest growing economies in the MENA region due to the boom in oil and gas revenues (GCC Secretariat General 2011). As a result of such revenue, there are many developmental plans planned for these countries where many are focused in introducing different types of industries to boost the economy further, in an effort to reduce the dependency of oil and gas revenues as the main source of gross domestic production (GCC Secretariat General 2011).

The GCC sustained growth of demography and ambitious urban development has heavy dependency on exploitation of natural resources and consequent environmental degradation. The ecological footprint for some GCC States has been estimated to be higher than the world average footprint (1.8 global ha/person). For instance UAE, Kuwait and KSA were found to have ecological footprint at 11.9, 7.6 and 4.6 global ha/person, respectively (Living Planet Report 2006). An assessment on environmental status of the GCC States by the Gulf Research Center (GRC) have listed the main environmental challenges in GCC are to be (a) water scarcity and quality, (b) land degradation and desertification, (c) coastal degradation and marine environment and (d) management of urban and industrial pollution (Gulf Year Book 2006)

EIA legislation of the GCC

EIA establishment and regulatory authority

The first state in the GCC to enact implementation legislation of EIA was Oman in 1982. Sultanate of Oman was in fact the very first country to introduce EIA into the regulatory framework of developmental projects in the MENA region. Oman has introduced EIA legislation through issuance of Royal Decree (RD) No. 10/1982 the Law on the Conservation of the Environment and Combating of Pollution and was repealed with the same name by RD No. 114/01 in 2001, which sets the enactment of environmental legal framework, and the ministerial decisions (MDs) such as MDs 80/1994 and 18/1993 act as executive regulations. Within the GCC States, the second country to follow Oman's footsteps from the GCC was Kuwait in 1995 by Law No. 21/1995 and its Executive by-Law No. 210/2001, followed by Bahrain in 1996 under Environment Act 21/1996. The UAE and KSA enabled legislation for EIA later than their other GCC counterparts in 1999 and 2001 through the Federal Law No. 24/1999 and RD No. 34/2001 and its Executive by-Law No. 3964/2003, respectively. Qatar was the last of the GCC States to enact EIA legislation issued in 2002 under the Law No. 30/2002 and Executive by-Law No. 11/2005.

Table 1 gives a compact explanation of the countries and their respective regulatory authorities. In Oman, the Ministry of Environment and Climate Affairs (MECA) was formulated under the RD No. 90/2007, formerly known as the ministry of environment as per the RD No. 45/1984 which was founded from the Council for Conservation of Environment and Prevention of Pollution under RD No. 68/79. The UAE Federal Environment Agency (FEA), established by Federal Law No. 7/1993, is the federal governmental body charged with enforcement of environmental standards and pollution control and was assigned to prepare the Federal Law No. 24/1999, concerning protection and development of the environment.

The Supreme Council for the Environment and Natural Reserves (SCENR) in Qatar was established as principal environmental institution under Law No. 11/2000. This was previously known as the Environment Department, which was part of the Ministry of Municipal Affairs and Agriculture (MMAA). The MMAA, established as a result of Law No. 13/1994, replaced the Environmental Protection Committee, which was established as per Law No. 4/1981. KSA in 2001 has issued RD 34/2001 appointing the Meteorology and Environmental Protection Administration (MEPA) as the authority of the kingdom's environmental affairs. The Directorate General for Protection of Environment and Wildlife (DGPEW) in Bahrain is the responsible governmental entity for environmental protection enforcement established in 1998. The issuance of Law No. 21/1995 by the State of Kuwait was the foundation of the Environmental Public Authority (EPA) and was amended by Law No. 16/1996 as primary authority of environmental protection in the State.

EIA practices in GCC States

Oman

The MD No. 187/2001 sets the regulations for organizing of the issuance of environmental approval and final environmental permit. The application for approval is made to the Directorate General of Environmental Affairs (DGEA) through a specified form wherein data of the project are provided. The application is screened and reviewed and may result in either issuance of a ‘No Objection Certificate’ (NOC), or requirement for a full EIA. If EIA is required, the proponent must present a scoping report of the EIA, which gets reviewed and approved by the DGEA. Upon approval, the EIA report is made and submitted to the DGEA for evaluation and assessment (DGEA 2001). Within 60 days of submission, a decision is made on whether to grant the permit or reject the project. If the application is not approved, the proponent has the right to appeal the verdict within 30 days from the date of notification.

UAE

Federal Law No. 24 of 1999 defines the procedure for obtaining permit for all projects or establishments by submission of the environmental permit application. Upon receiving the application, the FEA or local authority reviews the application and determines whether EIA is required or not. The FEA or local authority, depending on type and scale of the project, may request a preliminary environmental review or EIA to be performed (Donelly et al. 1998). Strategic environmental assessment (SEA) may be requested for a specific project even though no legal requirement as best practice. Federal projects would be directed to FEA whereas local projects would be addressed by local authorities. The studies must be conducted by an FEA or by a local authority-approved consultant and submitted for review. Decision should be made within 30 days of submission and could be extended by another 30 days if needed. Once the proposal is approved, an NOC for construction/decommissioning or an environmental permit for operation is issued by the FEA or local authority to commence activities.

Qatar

The Law No. 30 of 2002 and Executive by-Law No. 11/2005 dictate the procedural process of obtaining clearance through submission and approval of EIA. The Executive by-Law 11/2000 requires the project proponent submitting an application for Initial Environmental Authorization (IEA) to the SCENR. The SCENR reviews, assesses and decides whether an EIA is required or not. If EIA required, the project proponent is required to provide a scoping report of the intended EIA for comment and approval. If the scoping report gets approved, the project proponent undertakes and submits the EIA for revision and is then either rejected or cleared with conditions. As the clearance is granted, the project may commence as specified. Prior to commissioning, an application to the SCENR for a ‘permit to operate’ must be obtained prior to 30 days of planned start-up.

KSA

Under the RD No. 34/2001, the proponent is required to secure environmental permit before the project materializes. The EIA scheme process includes three phases: screening, scoping and evaluation. The process starts by approaching the MEPA with application of environmental permit, and the MEPA reviews the presented information concerning the project against three categories specified in RD 34/2001. The MEPA may require further intensive study to conduct EIA. In the second phase, the scoping necessitates to present scope of work for the study and it does extend undertaking in the environmental scoping report. Then, the MEPA reviews and evaluates the submitted environmental evaluation report or EIA report. Based on the results of evaluation, a letter to proceed shall be either denied or awarded to the project.

Bahrain

Articles 20–22 of the Environmental Act, 1996 provides for procedure for project approval from the Directorate through issuance of a permit. The application process is initiated by filling the initial EIA data form pertaining to the kind of projects to the Directorate as the requisition to the Ministry of Commerce and Industry. In light of the review of the data form provided, the Directorate will determine the extent of the requirement for filing a report on EIA. The screening may result in an NOC, a requirement for initial environmental evaluation or requirement for full EIA (DGPEW, no date). In the event of requirement of EIA, the study must be performed through an approved environmental consultant and the content of EIA specified through a scoping report after approval. The EIA is submitted for revision to the Directorate and then decided within 60 working days. Based on revision, the Directorate issues the permit or rejects the project.

Kuwait

Under Executive by-Law 210/2001 on Environment Requirements and Standards in the State of Kuwait, there are five articles which deal with preparation and procedures of submission for the EIA study report. The EIA application is done through requisition from governmental channels, e.g. Ministry of Commerce and Industry or the Municipality and not directly requested from the authority. The authority has a special EIA unit and is charged with receiving EIA studies and evaluating them from licensed contractors (Donelly et al. 1998). For any of the studies to be validated and accepted as official contracts, the standards set in the studies are cross-referenced internationally and with a published set of KEPA standards, and if all are in order, licensing renewal or permission is given to the proper authority to take into account the proposed project in conjunction with laws and restrictions.

Comparative evaluation of EIA systems

Systematic measures performance

Table 3 summarizes the overall comparison and evaluation of the GCC States' EIA systems against the systematic and foundation measures criteria. Detailed descriptions of performance of GCC systems with most distinctive features are highlighted.

Table 3 Performance of the EIA systems in the GCC States against systemic and foundation measures evaluation criteria.

Evaluation criteria	Oman	UAE	Qatar	KSA	Bahrain	Kuwait
1. EIA legislation
1.1. Legal provisions for EIA	Enabling legislation: RD No. 10/1982 and repealed with 114/2001 on conservation of the environment and prevention of pollution and executive regulations in MDs 80/1994; and 18/1993	Enabling legislation: Federal Law No. 24/1999 on protection and development of the environment and executive regulations	Enabling legislation: Law of Environment Protection No. 30/2002 on environment protection against pollution and Executive by-Law 11/2005	Enabling legislation: General Environmental Law RD No. 34/2001 and Executive Regulations No. 3964/ 2003	Enabling legislation: Environment Act 21/1996 on protecting the environment from pollution; Assessment Order 1/1998 for EIA regulations	Enabling legislation: Law 21/1995 as amended by Law No. 16/1996 on the establishment of EPA and Executive by-Law 210/2001 of EPA
1.2. Provisions for appeal by the proponent or the public against decisions	Article 5 in RD 114/2001 provides provisions for appealing against any decision or action taken by the authority	No provisions for appeal against decisions specified in the legislation	Article 14 in Law No 30/2002 provides the provisions for appealing against any decision or action taken by the Council	No provision for appeal against decisions specified in regulations	No provision for appeal against decisions specified in regulations	No provision for appeal against decisions specified in regulations
1.3. Legal or procedural specification of time limits	The decision is made within 60 days of submission of application and appealing against decisions to be within one month from the date of notification	The decision is not to exceed one month of submission of application and may be extended by 1 month if needed	The decision made within 30 days from the date of receiving the study	No time limits specification in the regulations	The decision made within 60 working days after receipt of application	The response made within 60 days of submission of final report
1.4. Formal provisions for SEA	None	None	None	None	None	None
2. EIA administration
2.1. Competent authority for EIA and environmental acceptability	MECA (formally MRMEWR) specifically DGEA by RD 86/2001	FEA by Federal Law 7/1993. Each Emirate to establish local authority	SCENR by Law 11/2000	MEPA by RD 34/2001	DGPEW through EIA and Planning Directorate	EPA through Environmental Planning and Impact Assessment Department
2.2. Review body for EIA	DGEA responsible for EIA review	FEA responsible for EIA review	SCENR responsible for EIA review	MEPA responsible for EIA review	The Directorate responsible for EIA review	The Department responsible for EIA review
2.3. Specification of sectoral authorities' responsibilities in the EIA process	Specified in guideline for obtaining environmental permit by DGEA	Not specified	Not specified	Specified in General Environmental Law	No information available	Not specified
2.3. Level of coordination with other planning and pollution control bodies	Committees and regular meetings between ministries, sectoral authorities and local municipalities	Article 15 in Federal Law 24/1999 directs FEA in coordinating with local authorities and cooperating with concerned parties	Article 17 in Law 30/2002 instructs all administrative authorities to coordinate and cooperate with SCENR	Articles 9 in RD 34/001 specify coordination and cooperation between concerned agencies with MEPA	No information available	Article 3 directs EPA to collaborate and coordinate with concerned state-related bodies
3. EIA process
3.1. Specified screening categories	Not specified; one category	Not specified; one category	Not specified; one category	Three categories specified	Not specified; one category	Not specified; one category
3.2. Systematic screening approach	List for EIA mandatory plus application for permit on case by case to MECA will determine the issuance of NOC or EIA required	Application for permit and FEA or local authority will determine to issue NOC or EIA required	List for EIA mandatory plus application for IEA on case by case to SCENR will determine EIA required or not	Through specified three categories which defines EIA requirement	List for EIA mandatory plus application through special screening forms on case by case basis and the Directorate will determine EIA requirement	List for EIA mandatory plus application with initial report to EPA revision and to determine the EIA final report requirement
3.3. Systematic scoping approach	DGEA responsible to define scope. EIA format is specified in EIA regulations and may provide special provisions for some developments	FEA or local authority responsible to define TOR. EIA format is specified in EIA regulations and may provide special provisions on case by case basis	SCENR responsible to define EIA scoping. Articles 15 and 16 of Executive by-Law list the required scope of an EIA study and may include some additional provisions	MEPA responsible to define EIA scoping. EIA format is specified in EIA regulations and may provide special provisions on case by case basis	EIA and Planning Directorate responsible to define scope. EIA format is prescribed by the Directorate	EPA defines the scope with generic components should be included in the executive by-law
3.4. Requirement to consider alternatives	Required in EIA regulations	Required in EIA regulations	Required in EIA regulations	Required in EIA regulations	Not specified in EIA regulations	Required in EIA regulations
3.5. Specified EIA report content	General guidelines comprehensive EIA	General guidelines for comprehensive EIA	General guidelines for comprehensive EIA	General guidelines for comprehensive EIA	Prescribed by the Directorate	Specified in the executive by law of EPA
3.6. Systematic EIA report review approach	No defined systematic approach to review EIA report	No information available	No defined systematic approach to review EIA report	Defined in RD 34/2001	No information available	Not defined
3.7. Public participation in EIA process	Required in EIA reporting as SIA through public consultation during EIA study. Public participation not involved after EIA submission	No requirement	No requirement	No requirement.	No requirement	No requirement.
3.8. Systematic decision-making approach	DGEA must give permit before commencing any development projects	No projects will start its activity without obtaining environmental permit from FEA	Project operation is forbidden before receiving necessary permit	MEPA has to issue permit to any project before starting	No projects commenced before having verified permit from EIA and Planning Directorate	No project execution to commence prior to obtaining the approval from EPA
3.9. Requirement for EMPs	Article 16 in RD 114/2001 provisions for EMPs as part of EIA report	Articles 9 and 15 in Federal Law 24/1999 provisions for EMPs as part of EIA report	Article 15 in by-Law No. 11/2005 provisions for EMPs as part of EIA report	Articles 9 and 10 in RD 34/2001 provisions for EMPs as part of EIA report	Assessment Order 1/1998 provisions for EMPs as part of EIA report	Article 4 in by-Law No. 210/2001 provisions for EMPs as part of EIA report
3.10. Requirement for mitigation of impacts	Article 16 in RD 114/2001 requires the description and analysis of the project environmental impacts and mitigations	Article 10 in Federal Law 24/1999 requires in EIA report the description of mitigation of impacts	Article 16 in by-Law No. 11/2005 requires that the description and analysis of the project environmental impacts and mitigations	Article 11 in RD 34/2001 requires in EIA report the description of mitigation of impacts	Assessment Order1/1998 requires in EIA report content as separate component	Article 4 in by-Law No. 210/2001 requires the description of mitigation and measures to restrain or reduce the impacts
3.11. Requirement for impact monitoring	Articles 10, 17 and 30 in RD 114/2001 require the proponent to prepare environmental monitoring and audit plans and maintaining records; DGEA undertakes follow-up inspections	Articles 7 and 13 in Federal Law 24/1999 require the proponents to undertake regular analysis and monitoring and keep records to report to FEA or local authority; FEA or local authority undertakes follow-up inspections	Articles 16 in by-Law No. 11/2005 require the proponent to conduct environmental monitoring and keep records; SCENR undertakes follow-up inspections	Articles 12 and 13 in RD 34/2001 require to implement environmental mentoring and maintaining records; MEPA undertakes follow-up inspections	Assessment Order 1/1998 requires the study to identify necessary monitoring program for the projects; EIA and Planning Directorate undertake follow-up inspections	Article 4 in by-Law No. 210/2001 requires a continuous monitoring and control systems after project accomplishment
3.12. Experience of SEA	None	Limited	None	None	None	None
Foundation measures
1. Existence of general and/or specific guidelines including any sectoral authority procedures	DGEA guidelines for environmental permit specify the requirements of each sector	EAD Abu Dhabi released SOPs and technical guidance documents for environmental permitting and preparation of environmental studies used within the Emirate	No information available	No information available	DGPEW procedures for obtaining environmental permit	No information available
2. EIA system monitoring	Not performed	Not performed	Not performed	No performed	Not performed	Not performed
3. Expertise in conducting EIA	Registered consultancies with MECA	Registered consultancies with FEA or local authority	Approved consultancies by SCENR	Qualified approved consultancies by MEPA	Approved consultancies by DGEPW	Approved consultancies by EPA
4. Training and capacity-building	No information available	No information available	No information available	No information available	No information available	No information available

EIA legislation

Legislatively, all the six GCC States have enacted enabling regulations and issuance of executive by-laws pertaining to EIA, with KSA and Kuwait having the most detailed provisions. The executive regulations cover the EIA process in more detail and relate to the roles of the competent administrative authority, and procedures for appealing against decisions. Also, these regulations specify lists of projects and activities which are subjected to its provisions, time limit and institutional responsibilities. The environment laws in all GCC States are applicable to new developments, existing establishments and their further expansions. A similar finding was indicated by Ahmad and Wood's (2002) evaluation of Egypt, Turkey and Tunisia EIA systems, where all three systems have enabling laws and detailed executive regulations.

El-Fadl and El-Fadel's (2004) evaluation indicates that only Qatar's legislation has specified the appealing provisions in the GCC States. However, in reviewing the legislations of the six States, Oman's and Qatar's legislations are the only legislations that have specified legal provisions of appeal, wherein the proponent is allowed to appeal against the verdicts from the authority. In case of project rejection, the proponent may be advised by the authority to enhance the acceptance of the development through adopting more environmentally sound production and operation methods or by applying stringent mitigation or improving monitoring plans.

With exception of KSA, provisions for time limit for completion of the EIA process component till the issuance of a decision have been specified in EIA regulations. This is in agreement with El-Fadl and El-Fadel's (2004) evaluation to have specified time limit. None of the EIA legislation throughout the GCC States has formally specified provisions for SEA. This was also found in Ahmad and Wood (2002) and El-Fadl and El-Fadel (2004), attributing that the SEA is in its infancy stages in the region.

EIA administration

The competent administrative authorities of the GCC States have been established to oversee the EIA process from reviewing, evaluating and deciding on the acceptability of the EIA report to issuance of EIA guidelines (Table 2). All six countries have single agency assigned under the environmental law, except for UAE where under the Federal law 24/1999, FEA acts as Federal Agency and it requires establishment of local authority for each Emirate. For example, the Environment Agency – Abu Dhabi (EAD) and Sharjah Environment and Protected Areas Authority (EPAA) are the responsible local authorities. The reviewing body of the EIA reports in all States is rested with the respective regulatory authorities with the review procedures for EIA reports are either not defined or information not available.

The level of coordination between the regulatory authority and other planning and control bodies is not defined or specified. Only generic provisions mentioned in the regulations for coordination between agencies which generally regarded to be weak. However, the Omani ‘Guidelines for Obtaining Environmental Permits’, the roles and duties of the Ministry of Industry and Commerce, sectoral authorities and local municipalities have been defined. El-Fadl and El-Fadel (2004) have regarded that the presence of outlined structure for each authority's jurisdiction may enhance the level of collaboration between the various parties involved.

EIA process

All the GCC EIA systems use the screening approach that involves relatively comprehensive lists of projects to identify whether an EIA is required or not. These systems also, however, follow a case-by-case basis if the activity is not specified in the lists. With exception of KSA, the EIA systems of other States have specified only one category in which EIA is mandatory. Due to space limitation, an example of projects list required for EIA in KSA and Kuwait is presented in Appendix 2A and 2B

The screening procedures are more elaborated in KSA's EIA system, where three categories are used (See Appendix 2B). These include:

	First category: projects with limited environmental impacts which require submitting completed application form known as ‘1st category project form’ and preparation of preliminary report on the project.
	Second category: projects with significant environmental impacts which require submitting completed application form known as ‘2nd category project form’ and preparation of preliminary EIA by an approved consulting office.
	Third category: projects with serious environmental impacts require submitting completed application form known as ‘3rd category project form’ and preparation of comprehensive EIA by an approved consulting office.

A similar list of actions is defined in Egypt's EIA system which has three items Ahmad and Wood (2002); (1) black list of project requiring a full EIA, (2) gray list of projects requiring full EIA or Scoped EIA specified by the Egyptian Environmental Affairs Agency (EEAA) and (3) white list of the project requiring submission of completed application, ‘Environmental Screening Form A’

As far as the scoping level is concerned, the environmental authority defines the scope of work adopted in the EIA for a specific project and a more comprehensive study being carried out for large-scale developments. As in practice, the proponent required to consult the authority prior preparation of EIA report and to follow the general format for EIA reporting specified in regulations. It is the proponent's responsibility to prepare the scoping report and to consult its appropriateness with the authority. This reduces the burden on regulatory authorities to define the scope of work, and might either raise developer's responsibility to identify and include or ignore and drop all the potentially significant impacts of their developments. The requirement of considering alternatives is legally obligated in the regulation in all GCC States, except in Bahrain. As most systems decision rely on potential impacts and location sensitivity, it is a requirement for authority personnel to conduct site visit to assess the adequacy of the site before having the decision.

With respect to content of the EIA report, all the six States have defined a general requirement, and Oman, KSA and Kuwait have strong reporting content in comparison with that provided in World Bank's guidelines. This is also shown by El-Fadl and El-Fadel's (2004) evaluation where no information is available regarding Kuwait and UAE. Only KSA has a defined EIA report review approach, while others have not defined their approach. Different methods are being used to ensure the objectives of the review such as circulate the document through various relevant departments to get feedback before issuing the verdict. This may increase the subjectivity of the review stage, because of the absence of a review checklist or guidelines in most of the EIA systems in the GCC. To reduce subjectivity, Wood (2003) suggested the use of review criteria, the EIA review accredited consultants, set up independent review body, the publication of the results of the review and involvement of consultees and the public. For instance, in Egypt, EEAA assigns an independent consultant to review each EIA report; however, in Turkey, EIA provisions dictate to form a review and assessment commission to evaluate each EIA report (Ahmad & Wood 2002).

Of all six EIA systems, only Oman legislatively requires public consultations during the EIA study process. However, public participation is not required during the review and evaluation stage. Also non-governmental organizations (NGOs) are occasionally consulted during the EIA study process. Approval and rejection of the project is the most important part of the EIA process. In all six EIA systems, decision-making would depend on evaluation from feedback of different departments on the EIA report before issuing the verdict. No project or development is allowed to proceed without prior environmental acceptability of the project from the authorized agency.

Provisions for environmental management plans (EMPs) are defined in all six EIA systems as part of the EIA report requirement. This particularly demonstrated in Oman's ‘Guidelines for Obtaining Environmental Permit’ which specifies the requirement for EMPs and mitigations measures and also proposals for environmental monitoring and site restoration after use (DGEA 2001). Moreover, in Qatar, articles 15, 16 and 17 of by-Law 11/2005 require EMPs and analysis of environmental impacts and mitigations.

Follow-up and monitoring of impact are mandatory requirements in all six systems. For example, article 4 in by-Law 210/2001 of Kuwait requires a commitment of applying continuous monitoring and control system. In UAE, Federal Law No. 24/1999 in article 7 and article 13 requires undertaking of regular analysis and monitoring. Legally in all six jurisdictions, the proponents or developers are required to maintain records of environmental impacts and monitoring.

Foundation measures performance

Oman has the lead in developing EIA and sectoral guidelines among the six EIA systems. The Oman's ‘Guidelines for Obtaining Environmental Permit’ describes the procedure for EIA as identified in the RD and MD regulations with sectoral authorities outlined. Also, Bahrain has issued ‘Procedures for Obtaining Environmental licenses’ detailing the process for EIA and application for environmental licenses.

Recently, in April 2010, the EAD Abu Dhabi released a series of standard operating procedures (SOPs) for environmental permitting and technical guidance documents for preparation and submission of environmental studies that comply with Federal Law No. 24/1999. These documents were developed to reflect international best practice and procedures with the Emirate of Abu Dhabi as mandate in Federal Law.

None of the GCC States has implemented EIA systems for monitoring legislations or guidelines. Also, only registered approved consulting offices are allowed to conduct and prepare EIA studies. With regard to training and capacity building, no information was available to supplement the comparison and assess the performance in all GCC States.

Conclusions and recommendations

Various comparative studies of different countries have shown how EIA is an evolving process and no perfect state of EIA has been achieved as of yet (Wood 2003). The EIA systems in the GCC States in this context are evolving and improving their environmental standards and requirements to one that is superior to the type of laws enacted at the beginning when EIA was introduced for the first time. Evaluating the EIA systems in the GCC States, they indicate that many have achieved considerable progress in developing legal and administrative framework for EIA systems that accommodate national requirements.

The performance assessment indicates some criteria are advanced in one State than others. For instance, the Oman EIA system has preceded the others in the presence of guidelines for obtaining environmental permit, wherein the roles and duties of sectoral authorities and project-specific guidelines are outlined. The system has specified appealing provision against the final decision made by the DGEA as well as having procedural specification of time limits. The evaluation of EIA systems against the criterion on requirement of public participation and consultation indicates that the Omani EIA system is more transparent than other GCC States' EIA systems, which are not legally required. Certainly the provision of appealing against the final decision in place raises the transparency level in the Omani EIA system than the other States' systems.

In the KSA EIA system, however, the evaluation against the criterion of EIA process shows that KSA has more detailed screening and defined EIA report review approaches. This increases the effectiveness of the screening and scoping stages and may reduce the burden exerted on the MEPA. Whilst in the Qatar EIA system, the scoping approach explicitly expressed in provisions in its by-Law 11/2005 to support required scope of EIA study. This may reduce the effectiveness of the scoping stage in terms of relevance of the information requested by SCENR and may increase the limitation of assessment scope as well as clear the proponent's responsibility to identify all potentially significant impacts for their proposals.

General weaknesses in EIA systems in GCC States includes: (1) lack of specific guidelines for sectoral and technical guidelines including sectoral procedures with the exception of Oman and KSA, (2) lack of legal provision for SEA and experience, (3) lack of EIA system monitoring and implementation, (4) absence of EIA review approach with the exception of KSA and (5) lack of transparency where not much public participation is involved with the exception of Oman to some extent.

Based on the presence of the above findings, the following actions are recommended to tackle the main weaknesses and to subsequently increase their EIA systems' strength and effectiveness: (1) develop and prepare user-specific guidelines on EIA including sectoral and technical responsibilities in the EIA process from EIA preparation to report reviewing to decision-making, (2) incorporating and implementing formal provisions for SEA as part of the EIA legislation, (3) defining and establishing EIA review criteria to reduce subjectivity and by which EIA reports are evaluated, (4) assignment of independent bodies for the review of the EIA implementation process, (5) development of a EIA monitoring system to provide statistics and create a database for reviewing and sharing lessons learnt, (6) define sectoral responsibility and improving actual coordination with planning and pollution control bodies and (7) strengthening public participation procedures including NGOs in the EIA process, especially in reviewing and decision-making, through different approaches, i.e. information disseminating and consultation.

Notes

^1.[email protected]

^2.[email protected]

^3.[email protected]

Appendix 1. Main characteristics of the EIA systems in GCC States

Appendix 1: Main characteristics of the EIA systems in GCC States.

States	Legal requirements	General deficiencies
Oman	Enabling legislation: RD No. 10/1982 and repealed with RD No. 114/2001 on conservation of the environment and prevention of pollution and executive regulations as MDs 80/1994; and 18/1993Regulatory authority: MECAProcedural specification of time limits and provisions for appealingSpecification of sectoral authority responsibilitiesOne screening category for EIA requirementSpecified EIA report content and consideration of alternativesRequirements for public participation, mitigation and EMPs and monitoringGeneral sectoral and project-specific guidelines	Absence of formal provisions for SEALack of formal EIA review approach and decision-makingLack of provisions for EIA system monitoring and implementation
UAE	Enabling legislation: Federal Law No. 24/1999 on protection and development of the environment and executive regulationsRegulatory authority: FEAProcedural specification of time limitsOne screening category for EIA requirementScoping provided in authority guidelinesSpecified EIA report content	No provisions for appealingLack of specification of sectoral authority resposibilitiesAbsence of formal provisions for SEALack of formal EIA review approach and decision-makingLack of provision for EIA system monitoring and implementationNo requirement for consideration of alternatives and public participation
Qatar	Enabling legislation: Law of Environment Protection No. 30/2002 on environment protection against pollution and Executive by-Law 11/2005Regulatory authority: SCENR; EIA sectionprocedural specification of time limits and provisions for appealingOne screening category for EIA requirementSpecified scoping for the EIA study in executive by-lawSpecified EIA report content and consideration of alternativesRequirements for mitigation and EMPs and monitoring	Absence of formal provisions for SEALack of formal EIA review approach and decision-makingLack of provisions for EIA system monitoring and implementationLack of specification of sectoral authorities resposibilitiesNo requirement for public participation
KSA	Enabling legislation: General Environmental Law RD No. 34/2001 and Executive Regulations No. 3964/ 2003Regulatory authority: MEPA, EIA DepartmentThree screening categories for EIA requirement Specified EIA report content and consideration of alternativesRequirements for mitigation and EMPs and monitoring	No procedural specification of time limits and provisions for appealing Absence of formal provisions for SEALack of formal EIA review approach and decision-makingLack of provisions for EIA system monitoring and implementationLack of specification of sectoral authorities resposibilitiesNo requirement for public participation
Bahrain	Enabling legislation: Environment Act No. 21/1996 on protecting the environment from pollution; Assessment Order 1/1998 for EIA regulationsRegulatory authority: DGPEW; EIA and Planning DirectorateProcedural specification of time limitsOne screening category for EIA requirementSpecified EIA report content and consideration of alternativesRequirements for mitigation and EMPs and monitoring	No procedural specification of time limits and provisions for appealing Absence of formal provisions for SEALack of formal EIA review approach and decision-makingLack of provisions for EIA system monitoring and implementationNo consideration of alternatives and no requirement for public participation
Kuwait	Enabling legislation: Law No. 21/1995 as amended by Law No. 16/1996 on the establishment of EPA and Executive by-Law No. 210/2001Regulatory authority: Environment Protection Authority – Env. Planning and Impact Assessment DepartmentProcedural specification of time limitsOne screening category for EIA requirementSpecified EIA report content and consideration of alternativesRequirements for mitigation and EMPs and monitoring	Absence of formal provisions for SEANo provisions for appealingLack of formal EIA review approach and decision-makingLack of provisions for EIA system monitoring and implementationLack of specification of sectoral authorities resposibilitiesNo requirement for public participation

Appendix 2

A. EIA mandatory projects list as specified in Executive By-Law No. 210/2001 on environment requirements and standards in the state of Kuwait

The natural resources of fossil origin

Drilling projects (exploration and excavation) manufacture, remanufacture, storage, transport, sale and assembling of petroleum and all its derivatives.

Drilling projects (exploration and excavation), manufacture, storage and transport of gas including the necessary facilities and equipment.

The natural resources of non-fossil origin

Exploration, excavation, manufacture, storage and transport of sand projects.

Exploration, excavation, manufacture, storage and transport of grave projects.

Aluminum fusion, manufacture and storage projects.

Iron smelting, manufacture and storage projects.

Fusing and manufacture metals such as gold and other metals.

Metals manufacture projects such as steel and other metals.

Manufacture and storage of cement and concrete projects.

Manufacture and storage of fiberglass, sponge and glass projects.

Manufacture and storage of cement bricks, clay and tiles projects.

Manufacture and storage of insulators projects.

Manufacture and storage of paper and printing projects.

Manufacture and storage of wood projects and the like.

Textile manufacture projects.

Other industrial

Manufacture, filling and storage of all the chemical projects.

Manufacture, filling and storage of drugs and medical compounds projects.

Manufacture, filling and storage of all pesticides projects.

Manufacture, filling and storage of paints projects.

Manufacture, filling and glass transport of gases projects.

Manufacture and storage of ammunition and fireworks projects.

Manufacture, filling and storage of all batteries projects.

Manufacture, filling and storage of tires projects.

Manufacture, filling and storage of all cooling supplies projects.

Food, animal and agricultural resources

Production, filling and storage projects of food stuffs.

Collection, raising and slaughtering of animals projects.

Tanning and manufacture of animals skins projects.

Fish – farming whether at sea or at beds outside it.

Land reclamation projects including the needed facilities.

Land farming projects with the needed facilities.

Vegetable and animal ghee and derivatives thereof projects.

Housing and industry

Horizontal housing projects regardless of locations thereof.

Vertical housing projects regardless of locations thereof.

Temporary housing projects, vertical or horizontal projects.

New inhabited cities projects regardless of locations thereof.

Projects of industrial zones construction.

Projects of special nature

Projects located nearby or inside the game parks or the significant areas ecologically and environmentally.

Projects of any activity or work constructed on the islands and coast of the state.

Projects of filling up the coast and islands edges.

Projects that may have effect on the existing heritage, historical, recreational, scientific, cultural and utilities nature.

Hospitals and health facilities including incinerators and laboratories thereof.

Military projects.

Waste related

Waste disposal projects.

Waste treatment projects.

Power generation and water desalination

Power generation station lines, sub-stations, relevant installations and equipment.

Water desalination projects and the relevant installations and equipment.

Projects for the use of subterranean water resources including exploration, extraction, transport, manufacture, injection as well as the relevant installations and equipment.

Land, air and marine transport

Expressways including bridges and land transport lines.

Railways.

Tunnels.

Anchors and seaports irrespective of area.

Deepening of sea-lanes, anchors and seaports.

Marine bridges.

Dry docks for vessel repair, painting, maintenance and annexes.

Boat, ship and accessories construction.

Airport and accessories construction irrespective of area and type.

B. EIA screening list of projects categories as specified in RD No. 34/2001 General Environment Law and rules for implementation in KSA

First category: projects with limited environmental impacts

Textile and ready-made clothing factories located inside industrial parks.

Rubber and plastic factories inside industrial parks.

Foodstuff and beverage processing and canning factories inside industrial parks.

Leather, shoe and bag factories inside industrial parks, with no tanning processes.

Minor expansions of power lines ≤ 10% of their total lengths.

Expansion of existing roads ≤ 15% of the existing length or width.

Modification or expansion of an existing marine berth which does not involve any pollution impact or effective dredging of the site.

Expansion of irrigation and drainage installations by ≤ 10% of the installation.

Second category: projects with significant environmental impacts

Steel and iron mills and metal foundries whose production 150 ton per day. Metal and iron treatment and galvanization plants with a production < 25 ton/day.

Engine shops, machine, pipe and boiler works.

Auto and vehicle fabrication and assembly works.

Glass factories.

Block, brick, ceramic, china and porcelain factories.

Chemical, drug, paint, detergent and adhesive plants with capacities < 25 ton.

Quarry, crushing, asphalt and batching, and mixing.

Concrete plants.

Chemical blending and packing works outside industrial parks.

Paper and carton factories.

Fabric dyeing works at < 10 ton per day.

Fabric, weaving and cellulose factories outside industrial parks.

Rubber and plastic plants outside industrial parks.

Foodstuff and vegetable canning plants with a capacity ≥ 1000 ton per year.

Livestock and poultry abattoirs and butchery shops.

Broiler poultry breeding projects and abattoirs < 20,000 birds per cycle.

Fish and marine product processing plants producing ≥ 1000 ton per year.

Animal fodder production projects.

Non-petroleum-based chemical production and storage sites.

Leather, bag and shoe factories with no tannery operations outside industrial parks.

Industrial and petroleum waste recycling and reuse facilities.

Offshore and onshore pipeline projects < 50 km in length.

Petroleum, gas and petroleum product storage facilities.

Thermal power stations < 30 MW capacity.

Power transmission lines and transformer stations.

New or expanded hospitals.

Drug and medical chemical production.

Construction of divided roads < 50 km in length, excluding highways, tunnels, causeways, bridges and railroads.

Agricultural projects.

Fish farm projects.

Expansion and modification of irrigation and drainage projects and systems ≤ 10%.

Grain mills.

Third category: projects with serious environmental impacts

Steel and cast iron plants with a production capacity >150 ton per day.

Metal electroplating plants with a capacity >25 ton per day.

Cement plants and metal extraction.

Major chemical and petrochemical industries.

Paint, solvent and detergent industries which produce >50 ton per day.

Pesticide and insecticide plants.

Major paper production plants.

Textile dyeing works producing >10 ton per day.

Lead smelting plants.

Vegetable and animal oil and fat refining processes.

Exploration, extraction, petroleum and gas development operations.

Offshore and onshore pipeline >50 km in length.

Oil and gas separation and treatment facilities.

Petroleum and petroleum product storage facilities >15,000 m³ capacity.

Oil refining installations.

Thermal power stations >30 MW capacity.

Nuclear power plants.

Solar power villages and plants.

International trans-boundary power transmission lines and stations.

Water desalination plants.

Major conveyance >50 km in length.

Civilian and military airports.

Ports, expansions in berths, yards … etc.

Tourist resorts and projects in the vicinity of sensitive ecosystems, archeological sites, sanctuaries, residential developments and the coastline.

Public irrigation and sanitary drainage systems and their expansion.

Wastewater treatment plants and discharges into seas and valleys.

Urban development projects, their expansion and public residential complexes.

Municipal public waste liquid and medical waste disposal.

Domestic waste treatment and municipal disposal facilities.

Toxic and hazardous waste storage, treatment and disposal facilities.

Sugar refineries.