Environmental Assessments and Authorizations: SEA - EIA - IPPC Permit

This information is aimed at clarifying the different value of  "public comments" and "communications" in national EIA and/or SEA procedures.

The way in which any natural or legal person, either individually or collectively, can participate in the process of Environmental Assessments (SEA, EIA, EIA screening) is regulated by Part II of the Legislative Decree  152/2006, as amended (articles 14, 20, 24) and provides for the opportunity to submit comments on plans/programmes subject to SEA and on projects subject to EIA.

The timing for the submission of comments for the different procedures is laid down in the above mentioned articles of the Legislative Decree 152/2006, as amended, and the methods of transmission to the Ministry of the Environment are clearly indicated in the relevant webpage of the EIA-SEA portal to which reference is made for further details.

This method is the only, pursuant to the above law, through which public participation in decision-making  is foreseen, also allowing that comments received are acquired as official documents of the procedure so that they may be properly considered as part of  the technical preliminary investigation for the purpose of the final decision, and as provided by law, are published on the EIA-SEA portal.

Therefore, other methods of “communication” of the public concerned with the competent authority, with particular reference to the officials designated as “Responsible for the procedure”, fall outside the provisions of the law regarding public participation in EIA-SEA procedures.

The duties of the responsible for the procedure under art. 6 of Law 241/1990, as amended, are limited to ensuring the proper conduct of the procedure and of the related administrative acts, from the conformity requirements concerning the EIA-SEA request to the preparation of the final decision to be transmitted to the competent authority for its adoption.

Lastly, it should be noticed that:

• the "Responsible for the procedure" as civilian employees of the State, are required to maintain the professional secrecy, according to art. 28 of Law 241/1990, as amended, and, in particular, "... they cannot pass on to those who do not have the right information regarding decisions or administrative actions, ongoing or concluded, or information discovered in the course of their duties, other than in the scenarios and rules provided for by the regulation regarding the right of access ";
• the right of access to administrative documents, recognized to any interested party for the protection of legally relevant situations, can be exercised according to the rules laid down by Chapter V of Law 241/1990, as amended.