Decree No. 14/019 of 02 August 2014 establishing the rules of operation of procedural mechanisms for environmental protection

The Prime Minister,

Considering the Constitution, as amended by Act No. 0111002 of 20 January 2011, specifically in its article 92;

Having regard to Act No. 11/009 of 09 July 2011 on fundamental principles relating to the protection of the environment, especially in sections 19, 21, 23 and 24;

Having regard to Act No. 08/009 of 07 July 2008 on general provisions applicable to Public Institutions;

Having regard to Order No. 12/003 of 18 April 2012 appointing a Prime Minister;

Having regard to Order No. 12/004 of 28 April 2012 appointing Deputy Prime Ministers, Ministers, Minister Delegate and Deputy Ministers;

Having regard to Order No. 12/007 of June 2012 on the organization and operation of the Government practical modalities of collaboration between the President of the Republic and the Government and between the members of the Government;

Seen 1 'Order No. 12/008 of 11 June 2012 establishing the powers of the Ministries, especially in its article 1 er, litera B, pt.13a;

Having regard to Decree No. 13/007 of 23 January 2013 establishing the statutes of a public institution known as the National Promotion and Social Service Fund, as a "FNPSS" acronym;

On the proposal of the Minister of the Environment,

Conservation of Nature and Tourism;

The Council of Ministers heard;

DECRETE:

PART I: GENERAL PROVISIONS

Article 1

The purpose of this Order is to establish the operating rules of the various procedural environmental protection mechanisms defined in Chapter 3 of Act No.ll/009 of 09 July 2011 on fundamental principles relating to environmental protection.

These mechanisms are:

1. Strategic environmental assessment;

2. Environmental and social impact assessment;

3. The conditions and modalities for carrying out the environmental audit;

4. The procedure of the public environmental investigation.

Article 2

For the purpose of this decree, the following means:

1. Territory Administrator: Project Implementation Territory Administrator;

2. Agency: Congolese environmental agency;

3. Environmental notice: administrative document certifying that 1' execution of policies, plans or programs conforms to the principles of environmental and social protection;

4. Bourgmestre: the town of the project settlement;

5. Diagnosis: a methodological step of 1 'strategic environmental assessment that defines the issues to be addressed, taking into account the specific context in which the policy, plan or program is prepared and implemented;

6. Environmental Certificate: administrative document issued by the competent public body certifying that the execution of the project and the operation of the work will comply with the principles of environmental and social protection;

7. Audit field: all or part of a project or activity with a potential risk directly or indirectly on the environment and the population and subject to audit;

8. Criblage: phase to which the need to submit a policy, plan, or program to a Strategic Environmental Assessment at the planning stage is determined;

9. Status of reference places: the inventory on the existing relative to a specific context;

10. Strategic Environmental Assessment: a systematic process to assess the environmental consequences of a policy, plan or program;

11. Governor: Governor of the Project Settlement Province;

12. Law: Law No. 11/009 of 9 July 2011 on fundamental principles for the protection of 1 'environment;

13. Measures to improve the sustainability of the positive impacts of a project;

14. Minister: Minister with the environment in his or her responsibilities;

15. Environmental and social compliance: making investments compatible with 1' biophysical and social environment

16. Stakeholders: natural or legal persons, local communities, indigenous peoples, politico-administrative authorities, village associations and legally recognized non-governmental organizations that may be directly or indirectly affected by the project. may also be considered stakeholders, universities, higher institutions and research centres whose work is to inform the investigation;

17. Plan: a structured set of objectives for a public organization as well as its means to achieve them;

18. Policy: a set of general principles indicating the line of conduct adopted by a private or public organization in a given sector that guides action or reflection in the management of its activities;

19. Program: an orderly follow-up of actions that a public organization proposes to achieve the objectives of a plan;

20. Project not subject to environmental and social impact assessment: The project whose environmental impacts are negligible;

21. Project submitted to the Environmental and Social Impact Study: any project for the development, infrastructure or operation of any industrial, commercial, agricultural, forestry, mining, telecommunications or other activity that may have an impact on the environment;

22. Project: Any work, activity, installation or development that, due to its nature may be a source of pollution or degradation of 1' environment;

23. Promoter or owner: any natural or legal person making an application for administrative authorization for a project;

24. Audit report: Final audit document that includes the best environmental information collected and verified for decision-making.

25. Baseline the situation of departure;

26. Terms of reference (TDR) : a reference framework by which the content and scope of an activity to be carried out by the project proponent are fixed.

TITRE II: DE L'EVALUATION ENVIRONNEMENTALE STRATEGIQUE

CHAPTER 1: OBJECT

Article 3

The purpose of the strategic environmental assessment is to systematically pre-examine the environmental consequences of a policy, plan or program developed by the State, province, decentralized territorial entity or public institution.

CHAPTER 2: CONCERNAL ACTIVITIES

Article 4

These include the strategic environmental assessment, the sectors of activities related to infrastructure, hydrocarbons, mines, energy, telecommunications, industry, land, forest, agriculture, fishery, livestock, urban planning and housing, transportation, rural development, tourism and hospitality, education, other health

CHAPTER 3: CONTENTS

Article 5

The content of the strategic environmental assessment describes the foreseeable impact of a policy, plan or program on the environment.

It follows the following steps:

(a) The screening includes only the policy, plan or program document on which a decision on the need for a strategic environmental assessment is made.

(b) The framing includes:

• Reference locations;

• Political, regulatory, institutional contexts;

• Stakeholders;

• Issues;

• Strategic Environmental Assessment Methodologies (SEAs);

• Variants;

• Qualifications.

(c) The strategic environmental assessment itself consists of:

• The reference situation;

• Identification of opportunities and environmental constraints;

• Identification and assessment of impacts and potential opportunities;

• Performance indicators, mitigation and optimization measures;

• The conclusion and recommendations.

CHAPTER 4: PROCEDURE

Article 6

The Agency seized by the State, the province, the decentralized territorial entity or a public institution determines the need to submit a policy, plan, or program to a strategic environmental assessment at the planning stage.

Article 7

The strategic environmental assessment is carried out by the State, the province, the decentralized territorial entity or the public institution that develops any policy, plan or program that is likely to have a significant impact on 1 'environment.

Article 8

The Agency develops and makes available to the public manuals of operations and procedures for the implementation of a strategic environmental assessment.

Article 9

The State, the Province, the Decentralized Territorial Entity or a Public Institution shall apply for a strategic environmental assessment to the Agency, in accordance with the guidelines contained in the manuals of operations and procedures provided for in Article 8 above.

Article 10

After reviewing the application, the Agency determines whether or not the strategic environmental assessment is required and informs the applicant.

In the event of the need for a strategic environmental assessment, the Department relies on a national consultant approved by the Department or international for the purpose of scoping.

Any international consultant recruited is associated with a national consultant.

Article 11

Following the tabling of the scoping report, the Agency is implementing a panel of experts, composed of:

- 4 Agency representatives; 1 expert by Ministries involved in policy, plan or programme;

- 1 expert from the National Promotion and Social Service Fund;

- 2 people identified by their expertise.

Article 12

The Agency has a period of three months from the filing of the scoping report to review and notify the applicant:

- Either the admissibility of the report, in which case it authorizes the implementation of the strategic environmental assessment itself;

- Either its rejection, in which case the complainant resumes his report;

- Remarks on the admissibility of the report;

In the latter case, the State, the province, the decentralized territorial entity or a requesting public institution shall have a period of three months from the date of the notification, for the filing of the redesigned report for review. After this period, the report is deemed rejected.

Article 13

Acceptance of the scoping report leads to the opening of the strategic environmental assessment procedure.

However, if within the three-month period, 1 'Agency does not notify its findings on the applicant's score report, the authorization of the strategic environmental assessment is deemed to be acquired.

Article 14

The procedure for reviewing the scoping report applies mutatis mutandis to the review of a strategic environmental assessment.

CHAPTER 5: ENVIRONMENTAL ADVIS

Article 15

After the acceptance of the Strategic Environmental Assessment Report itself, 1 'Agency issues the Environmental Notice to the applicant, certifying that the execution of any policy, plan or program complies with the principles of environmental and social safeguarding.

Article 16

In the event of changes to the policy, plan and program that have been the subject of the strategic environmental assessment validated by the relevant public institution, an update is required and subject to the same conditions.

CHAPTER: PROCEDURES

Article 17

The applicant shall, in accordance with the administrative procedure, have a right of appeal against the decisions of the Agency to the guardianship authority.

TITRE III : DE L'ETUDE D'IMPACT ENVIRONNEMENT AL ET SOCIAL

CHAPTER 1: PROJECTS ASSUJETTIS

Article 18

It is obligatory and pre-submitted to an environmental and social impact assessment, along with its management plan, any development, infrastructure or operation of any industrial, commercial, agricultural, forestry, mining, hydrocarbons, cementerie, telecommunications or other activity that may have an impact on an environment.

The activities listed in the appendix to this Order are subject to the environmental and social impact study.

Chapter 2:

Article 19

The content of the environmental and social impact study describes the expected impact of the project on the environment, including the following:

(a) a non-technical summary written in French, English and in the language of the project's integration medium;

(b) the context and justification of the project;

(c) the institutional, legal and legal framework of the project;

(d) the detailed description of the project, including plans, maps, images and figures useful to its understanding;

(e) the precise and detailed inventory of the initial state of the site, its natural, socio-economic and human environment, including the elements and natural resources that could be allocated and the use that would be made of it;

(f) the comparative analysis of implementation options, the technical justifications of the choice made, and the processes to be adopted by the proponent, taking into account environmental protection concerns;

(g) identification, analysis and assessment of the foreseeable, direct, indirect and cumulative impacts of the project and its environmental implementation options;

(h) the environmental and social management plan describing, inter alia, impacts, mitigation or enhancement measures, monitoring and monitoring responsibilities and their estimated costs during and after project completion, monitoring indicators, timelines, capacity-building modalities, and results of public consultations;

(i) a conclusion constituting the denouncement of 1' study and 1' developer's commitment to meet environmental and social requirements;

(j) the annexes consisting of maps, figures, public consultation documentation, various administrative documents, results of analyses, curriculum vitae of experts, additional information on the study, the terms of reference of the study.

CHAPTER 3: PROCEDURE

Rule 20

The Agency develops, in collaboration with all relevant services, and makes available to the public the Manual of Operations and Procedures for conducting environmental and social impact studies.

Article 21

The environmental and social impact assessment is the responsibility of the proponent.

The promoter recruits a national study office approved by the Ministry of the Environment or International to carry out it.

However, with equal jurisdiction, priority is given to nationals.

Any international research office recruited is associated with a national study office.

Article 22

An order of the Minister with the environment in his or her powers sets the conditions for the approval of the study offices

Article 23

The proponent submits an application to conduct the environmental and social impact assessment to the Agency in accordance with the directives contained in the Operations Manual and the procedures provided for in section 20 above.

Article 24

Authorization for any project subject to an environmental and social impact assessment is sanctioned by the issuance of an Environmental Certificate by the Agency.

Rule 25

After reviewing the application, the Agency determines whether or not the project is subject to the environmental and social impact assessment and informs the proponent.

Rule 26

The Agency shall, after the submission of the study, constitute an Expe1is Panel composed according to the specificity of the project for its evaluation.

This Panel includes:

4 representatives of the competent public institution;

1 representative per Ministry concerned by the project;

1 representative of the National Social Service Promotion Fund;

3 people identified by their expertise.

Rule 27

The Agency has a period of three months from the filing of the study to notify the proponent:

Either the admissibility of the study, in which case it issues the Environmental Certificate;

Either the observations to be incorporated to make 1 'study admissible by amendment;

Either its rejection, in which case the proponent must resume his study.

Rule 28

The proponent shall have a period of 30 days from the date of notification of the comments to include them in his or her review. After this period, the study is deemed rejected.

Rule 29

If the proponent does not receive any suites from the Agency within the period specified in section 27 above, the study is deemed admissible and the certificate acquired.

Article 30.

The costs associated with the assessment of environmental and social impact studies are borne by the proponent and payable at the time of filing of the study report.

CHAPTER 4: ENVIRONMENTAL CERTIFICATE

Rule 31

The Environmental Certificate shall be inserted in any application for authorization, approval or approval of the execution of planned works, works and developments; except in the case provided for in section 29 above.

Rule 32

When the Environmental Certificate is issued and before l'execution of work, the promoter develops

Environmental and Social Management Plan and submit it to the Agency for evaluation.

At the tabling of the plan, the Agency requires the advice of the National Promotion and Social Service Fund with respect to the project's social management plan.

The Agency has 60 days of receipt of the Environmental and Social Management Plan for its review and validation. After this period, the Environmental and Social Management Plan is deemed to be validated.

Rule 33

The Environmental Certificate issued is valid for the duration of the project.

Rule 34

In the event of changes to the original project that were the subject of the Agency's validated environmental and social impact assessment, an update subject to the same conditions is required.

CHAPTER 5: PROCEDURES

Rule 35

The proponent has a right of appeal against the decision to not issue the Environmental Certificate. This remedy is exercised in accordance with the procedure in force under administrative law.

CHAPTER 6: DU SUIVI ET DU CONTRÔLE

Rule 36

The implementation of the environmental and social management plan, as well as the work carried out by subcontractors under the supervision of the proponent's environmental officer, involves the application, during the project's duration, of the measures prescribed to remove, reduce and possibly compensate for the harmful consequences on 1' environment.

Monitoring of its implementation is to verify the evolution of the state of the environment and the effectiveness of mitigation measures and other recommended provisions.

In the event of non-compliance with the commitments contained therein, the Agency suspends the work, and requests the proponent to comply with it within a period to be determined by the magnitude of the negative impacts.

If the proponent does not respond within the time limit, the environmental certificate is cancelled in full law.

Rule 37

If the measures initially provided for in the environmental and social management plan are found to be inappropriate regardless of the reason, the proponent is required to take necessary adjustment measures.

These measures are consistent with new environmental guidelines and standards.

CHAPTER 7: CONSERVATION OF DOCUMENTS

Rule 38

Environmental and social impact studies reports are maintained by the Agency.

They may be consulted by any natural or legal person who expresses their need.

However, for duly motivated reasons, some technical details of processes may be outsourced to public information. Such withdrawal is subject to appeal in accordance with the procedure in force under administrative law.

PART IV: CONDITIONS AND MODALIZATION OF ENVIRONMENTAL AUDIT

CHAPTER 1: OBJECT AND APPROVAL CHAMP

Rule 39

The environmental audit serves to assess, through a systematic, documented and objective control undertaken by an auditor, the impact that all or part of a project or activity generates or is likely to generate, directly or indirectly, on the environment and the population.

To this end, it aims to:

Ensure respect for nuns and technical regulations;

Implement operational control of practices that may affect 1' environment;

Contribute to the maintenance of environmental compliance;

To help reconcile economic productivity with environmental standards;

Prescribe any appropriate protection measures of 1 'environment;

Assist in the enforcement of sanctions under environmental legislation.

Rule 40

Is subject to an environmental audit, pursuant to section 23 of the Act, any work, project or activity with a potential risk for an environment and the population.

CHAPTER 2:DE OVERVIEW AND DEROULEMENT

Rule 41

In case of potential risk, the Minister conducts the environmental audit by an auditor, natural or legal person, designated for this purpose.

The designation specifies the identity of the auditor, the work, project or activity to be audited, the period, duration and content of the audit.

The delivery fee of 1 'designated auditor is charged to the public treasury.

Include to the audit, the collection and analysis fees for samples taken from its site.

Rule 42

The Minister may delegate his or her powers of audit to the Governor of the Province or to the authority of a decentralized territorial entity that he or she designates or proceeds jointly with them.

Rule 43

The Minister may use 1 Agency to recruit a listener and report to that effect.

Rule 44

The environmental audit is carried out in accordance with the Minister's manual of operations and procedures.

Rule 45

For projects or activities subject to the environmental and social impact assessment, the environmental audit is pre-renewal of the Environmental Certificate.

The Minister appreciates the opportunity of the audit for activities not subject to the environmental and social impact assessment.

CHAPTER 3: DE LA CLOTURE

Rule 46

At the close of the audit, one auditor shall transmit to the Minister the environmental audit report.

He takes note of this, and notifies the conclusions to the audit, which has a 15-day deadline to challenge them.

Deploy this deadline, the Minister may either instruct the Agency to follow up on the findings or enforce all corrective and/or repressive measures by the administration. To this end, it orders the publication of the audit report.

Rule 47

In the event of a challenge to the conclusions of the report, the auditor may apply for counter-expertise and designate at his or her own expense an auditor meeting the criteria set out in 1 'Article 50 of this Order.

The auditor shall, as of the date of notification of the contested report, have a period of 45 days to transmit to the

Minister the report of counter expertise.

Notwithstanding the request for contestation, the Minister may order any precautionary measures, including the suspension of the Environmental Certificate or the obtaining, in consultation with the Sectoral Ministry, of the closure of the work or the termination of the project or activity concerned.

Rule 48

The Minister submits the report of the counter-expertise to the analysis of a commission under the leadership of 1 'Agency and comprising the experts responsible for two reports.

The commission assesses the above reports and renders its conclusions within fifteen (15) days of its constitution.

Rule 49

The report of the panel of experts is forwarded to the Minister who, with regard to the recommendations, may:

order the withdrawal of the Environmental Certificate;

enforce the necessary corrective measures by the Agency;

refer to competent courts in cases of offences.

The report of the panel of experts is published within 15 days of the Minister's decision-making.

CHAPTER 4: DE L'AUDITEUR

Rule 50

Without prejudice to the competences of the environmental administration and the Agency, no one may proceed to the environmental audit if it does not meet the conditions listed below:

a. With regard to physical persons:

be approved by the Minister;

be held at least one degree of licence or any other equivalent title;

have at least five years of experience in one of the following areas:

- legislation and regulations on 1' environment;

-environmental science and technology;

- the environmental assessment;

- environmental audit processes and techniques.

b. With regard to legal persons:

- be approved by the Minister;

- have at least five years of experience in 1 'environmental audit or in the management of environmental issues.

PART V: ENVIRONMENTAL PUBLIC PROCEDURE

CHAPTER 1: OBJECT

Rule 51

The public inquiry aims to:

Inform the public in general and the local population in particular about the project or activity;

Collect information on the nature and extent of rights that third parties may have on the area affected by the project or 1 'activity;

Collect the evaluations, suggestions and counter-proposals in order to allow the competent authority to have all the necessary elements for its decision.

Rule 52

Any proponent of a project or activity that may affect the environment and subject to a pre-emergency environmental and social impact assessment shall refer the Governor, who initiates the public inquiry procedure.

Rule 53

The request for a public inquiry is accompanied by a file containing the following documents in French:

A descriptive sheet highlighting the main technical characteristics of the project subject to a public inquiry;

A non-technical summary of the project;

The map of the project's area of influence.

Rule 54

Upon the instruction of the governor, the public inquiry is conducted by a commission established and chaired by the administrator of the territory or the mayor, which includes:

The representative of the local service of 1' environment;

Representatives of the services of other relevant sectoral ministries;

Representatives of local civil society.

The chair of the commission may, at the request of the members of the commission, use private and/or public experts if the specificities of the project so require.

The cost of the investigation is the responsibility of the proponent.

CHAPTER 2: PROCEDURE

Section 1: From the opening and the running

Rule 55

The public inquiry is announced by all channels of communication accessible to the public in the project insertion area, in French and in the national language of the site, at least two months before the date fixed for its opening.

Rule 56

The public inquiry is carried out in two stages:

Prior communication of the project to stakeholders, in French, in the national language of the environment and in the language understandable by the stakeholders;

Collection of evaluations, suggestions and counter-proposals among stakeholders.

The duration of a public inquiry may not exceed two months.

Section 2: From the fence

Rule 57

The public investigation concludes with the transmission of the commission's report to the competent public authority.

The report includes:

Description of the investigation process;

Minutes of each session of the public inquiry signed by the members of the commission and by the delegates of the persons consulted; the records are annexed the lists duly signed by all stakeholders present;

The synthesis of consultations, recommendations issued and decisions agreed in consultation with stakeholders.

Section 3: From the Sanction

Rule 58

After consideration of the report, the competent public authority shall forward its decision to the commission of inquiry:

Either acceptance of the investigation report and its publication;

Either its motivated request to add additional elements.

Rule 59

The commission of inquiry shall have 15 days from the receipt of the observations made by the competent public authority to transmit the additional elements required.

Deployed this deadline, the competent public authority publishes the investigation report, including its observations.

Rule 60

The publication of the investigation report is done through all channels of communication available to the public in the project insertion area, in French and in the national language of the site.

A copy is reserved for the Minister and the sectoral Ministers concerned by the draft for disposition.

CHAPTER 3: PROCEDURES

Rule 61

The appellant shall, in accordance with the administrative procedure, have a right of appeal against the decisions of the competent public authority.

PART VI: PENAL, TRANSITIONAL, ABROGATOR AND FINAL PROVISIONS

Rule 62

Any infringement of the provisions of this Decree shall be punished in accordance with the requirements of articles 72 and 73 of Act No. 11/009 of 09 July 2011 on fundamental principles relating to the protection of the environment.

Rule 63

A 12-month period is granted for the compliance of strategic environmental assessments of policies, plans and programmes undertaken prior to the coming into force of Act No. 11/009 of 09 July 2011 on fundamental principles relating to the protection of the environment dated the signing of this Order.

Rule 64

Any natural or legal person whose projects or activities are subject to an environmental and social impact assessment under the laws and regulations in force prior to the signing of this Order, shall comply with the provisions of this Order by transmitting within a period not exceeding twelve months to the competent departments of the Ministry in charge of the environment, a copy of its licence, its licence or authorization referring to its environmental obligations and, where applicable, a copy of its environmental management plan.

Rule 65

Any earlier provisions contrary to this Decree shall be repealed.

Rule 66

The Minister of the Environment, Conservation of Nature and Tourism is responsible for the execution of this decree which comes into force on the date of its signature.

Done in Kinshasa, 02 August 2014

Annex to Decree No. 14/019 of 02 August 2014 establishing the rules on procedural mechanisms for environmental protection

1. Infrastructure and Facilities, Agriculture, Farming:

•!• any construction and road development project, whether or not coated;

•!• any railway construction and development project;

•!• Any railway rehabilitation project;

•!• any project for the construction, development or rehabilitation of international or regional or national airports and/or runways;

•!• any construction, development or rehabilitation and maintenance project (precisely dredging) of the main and secondary ports;

•!• any marine or river port implementation project;

•!• Any excavation activity and over ten thousand cubic metres (10,000 m3);

•!• any project to develop areas of economic and social development;

•!• Any nuclear energy project;

•!• Any solar energy project;

•!• Any hydra-wind installation project;

•!• any wind installation project;

•!• any project to construct or install telecommunications ante1mes;

•!• Any industry in the operating phase;

•!• Any thermal power plant project;

•!• any electrical line installation project;

•!• Any hydroelectric dam project;

•!• any waterway development project including dredging;

•!• any project for the development or rehabilitation of agricultural or agricultural hydro by more than five hundred hectares (500 ha);

•!• Any intensive or industrial livestock project;

•!• Any removal of surface or ground water of more than thirty cubic metres per hour (30m3/h);

•!• Any project for the spread of chemicals, by its scope of harming the environment and human health;

•!• Any landscaping intended to receive collective equipment of more than five thousand (5000) spectators;

2. Renewable natural resources

•!• Any introduction of new species, animals or plants or genetically modified organisms (GMOs) in the national territory;

•!• Any forestry project;

•!• any project to capture and sell 1' export wildlife species;

•!• Any project to create parks and reserves, whether land or marine, of a national and regional nature;

•!• Any hunting and fishing project;

•!• Any increase in the fishing effort in the marine zone by type of resources;

3. Tourism and hospitality

•!• All hotel accommodation with a capacity of more than twenty (20) Rooms;

•!• All recreational-touristic developments;

•!• Any restaurant with a capacity of more than two hundred and fifty (250) covered;

4. Industrial sector

•!• Any industrial unit subject to authorization;

•!• Any animal product processing unit (conservery, salaison, charcuterie, tannerie, ... ) of industrial or semi-industrial type;

•!• Any animal feed manufacturing unit.

5. Management of various products and wastes

•!• Any pesticide, chemical, pharmaceutical storage unit with a capacity of more than 10 tonnes (10 T);

•!• Any unit for the recovery, disposal or treatment of domestic, industrial and other hazardous wastes;

•!• Any medical waste treatment or disposal unit;

•!• Any type of storage of radioactive products and/or wastes;

•!• Any storage of dangerous products;

•!• Any domestic wastewater treatment unit;

6. Mining sector

•!• Any research or mining or career activity;

•!• any artisanal ore mining project;

•!• Any exploitation of radioactive substances;

•!• Any physical or chemical treatment of mineral substances.

7. Hydrocarbons and fossil energy

•!• any hydrocarbon or natural gas exploration or production project;

•!• any pipeline transportation of hydrocarbons or natural gas;

•!• any project for the extraction and industrial exploitation of charcoal or cokries;

•!• any project for the establishment of crude oil refinery, gasification and liquefaction;

•!• Any offshore and on shore settlement project;

•!• any oil mineral extraction project;

•!• Any oil and gas storage project;

•!• Any geothermal energy project;

•!• Any degassing project;

•!• Any biofuel production project.

Seen to be annexed to Decree No. 14/0 19 of 02 August 2014 establishing rules on procedural mechanisms for the protection of the environment.

Done in Kinshasa on 02 August 2014.