Comparative evaluation of EIA systems in the Gulf Cooperation Council States

Figures & data

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

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

Figure 1 States of the GCC.

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 Legal provisions for EIA	Enabling legislation: RD No. 10/1982 and repealed with 114/2001 on conservation of the environment and prevention of pollution and executive regulations in MDs 80/1994; and 18/1993	Enabling legislation: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

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

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