The Order In Which Measurable Impact On European Interest Specially Protected Natural Areas (Natura 2000)

Original Language Title: Kārtība, kādā novērtējama ietekme uz Eiropas nozīmes īpaši aizsargājamo dabas teritoriju (NATURA 2000)

Read the untranslated law here: https://www.vestnesis.lv/ta/id/137104

Cabinet of Ministers Regulations No. 455 in Riga, June 6, 2006 (pr. No. 31) order in which a measurable impact on European interest specially protected natural areas (Natura 2000) Issued in accordance with the law "on environmental impact assessment" in the second paragraph of article 4.1, the fourth paragraph of article 19 and article 7.2 and 23.5 law "About specially protected natural areas" in article 44, the fourth part 1.: 1. determine the order in which to assess the impact of the activities of European interest specially protected natural areas (Natura 2000) that is required for the implementation of environmental impact assessment;
1.2. the report on the application of the compensatory measure content, as well as the order in which the message is sent to the European Commission.
1.3. the order in which the information report prepared for the proposed activity or the implementation of the programming document and submit it to the Cabinet for decision.
2. Where, in accordance with the initial evaluation results are likely significant effects on the European interest specially protected natural areas (Natura 2000) (hereinafter territories), environmental monitoring national Office (hereinafter the Office) within two weeks after the initial results of the evaluation assessed them and adopt a decision on the need to assess the impact of the activity in the area. The Office may extend the time limit for the receipt of the decision up to one month, if the decision requires additional information. If, in accordance with the initial evaluation results in a significant impact on the area is not possible, the Office shall take a decision on the fact that the assessment is not required.
3. the Bureau this provision the decision referred to in paragraph 2 shall especially protected natural areas Administration (Administration) or, failing that, the environmental protection administration (Administration), local government and the sponsor. The decision to put the Office's home page on the internet. Administration or, in its absence, the administration within three weeks to prepare and submit recommendations to the Office for the development of conditions for the assessment of the impact on the territory. During the month the Office develop an assessment of the impact on the conditions of the territory (hereinafter referred to as the conditions), prepared on the basis of which the impact on area assessment report (hereinafter the evaluation report). The condition of the Office sent to the agent.
4. in the preparation of the assessment report is the following: 4.1 the assessment report, the preparation of the first edition;
4.2. the first assessment report of the public consultation, the limited availability of information;
4.3. the assessment report, the preparation of the final version.
5. the Agent, taking into account the conditions laid down by the Office, prepare the assessment report. In preparing the assessment report, the proponent consult with offices and administration, or, failing that, with the Government and other institutions on available and to include in the report information as well as free use of the Latvian environment, geology and Meteorology Agency information and other information about the affected area of the establishment of the objectives, its ecological function and natural values. If the information is not sufficient to conduct an assessment in accordance with these rules, the agent uses the information gathered in the survey of the territory according to the season.
6. The assessment report shall contain the following information: 6.1 for activity and possible solutions with regard to the location and type of technology used, indicating the place and the technology used;
6.2. the assessment of the significance of the action envisaged, taking into account the interests of the public, social or economic interests, as well as the basis for the implementation of the action to comply with the public health, public safety or protection of the environment;
6.3. actions and this rule 6.1 of the solution referred to in the implementation of the potential impact on the areas ecological function and integrity of the territory and their consistency with the objectives of protection and creation;
6.4. impact assessment on the territory of common especially protected species and habitats;
6.5. the impact assessment on the territory of the common European Union priority species or habitats;
6.6. the assessment of the significance of impacts and justification;
4.2. impact reducing measures — technological and other solutions that help to prevent or reduce the adverse effects;
6.8. the compensatory measures provided for, if any, shall be determined in accordance with the law "On especially protected natural territories".
7. Impact on the areas assessed in the light of the information available and on the basis of criteria which are significant areas or specially protected species specially protected habitats favourable conservation status for: 7.1. specially protected habitat types of incidence in the territory concerned;
7.2. area, which occupies the territory specially protected habitat type in relation to the total of the same habitat type in the busy area of Latvia;
7.3. specially protected habitat types in the protection and conservation of, and recovery options;
7.4. the areas of international importance designated Habitat protection and conservation;
7.5. the especially protected species population size and density in the area concerned in relation to the species population size and density in whole Latvia;
7.6. specially protected species and its Habitat in the area, the degree of protection and conservation and regeneration;
7.7. in the area of existing specially protected species, the degree of isolation of the population relative to other populations of the same species and the natural spread of this species as a whole;
7.8. the international role of the territory especially protected species and the protection and preservation of habitats.
8. the proponent shall prepare an assessment report in first reading. Based on the assessment report, the first version, after consultation with the management of the information available to the public shall prepare an assessment report for public consultation, not included in the report limited availability information. The report did not specify the information, the disclosure of which could harm especially protected species or specially protected habitat in favourable conservation status and could increase the likelihood of damage to the environment (such as a specific lookup, socket, number of specimens).
9. the first version of the assessment report will be submitted at the same time agents in the Office, the relevant national environment service regional environmental administration (there could — regional environmental administration), administration or, in its absence, the Administration proposal and provide feedback. Agent to the local municipality and the land owner if it is not the agent, shall submit a report that does not contain restricted access information. Office, administration or management, regional environmental administration and local proposals and feedback provided during the month.
10. Within three working days after submission of the assessment report, the Office shall submit to the agent at least one local newspaper for publishing a communication on the assessment report that contains no restricted access information. The report said moderates on its home page on the internet (if any) and sends the insertion Office, administration, or, failing that, the Administration website on the internet. Sponsor's obligation to ensure that report available to the public. The agent sends the message to the local municipality and the land owner if it wasn't for the actions of the agent. Local authority notice placed in the municipal building, as well as, if possible, other public places.
11. The provisions referred to in paragraph 10 shall indicate in the notice the following information: 11.1 w for operation;
11.2. the proponent, its address and phone number;
11.3. when and where the public can get information and get acquainted with the evaluation report, the limited availability of information;
11.4. the date until which the public may submit to the sponsor and the Office written proposals and comments on this rule 11.3. referred to in the report. That term is at least 20 working days after the publication of the notice.
12. Agents shall convene the evaluation report of the public consultation meeting at the Office, local authorities or at least 10 of the written request by the interested parties or if, in accordance with the assessment report finds that the agent may have significant impact on the territory. The meeting shall be entitled to participate in and express their proposals by any interested person. The local authority or the person writing about the public consultation meetings need be submitted to the Bureau. The Office sent to the agent.

13. If the proponent organizes a meeting, he's no later than seven working days before its in electronic form shall be submitted to the Office in the notice of meeting times to insert Office website on the internet. Notice of public consultation meeting no later than seven working days before its agent to publish at least one local newspaper, as well as forward to the regional environmental governance, administration or, in its absence, the Administration, local government and land owner, if it wasn't for the actions of the agent. Regional environmental notice board located in the building of Government, local government, the municipal building, as well as, if possible, other public places. No later than seven working days before the scheduled meeting, the agent sends a message also to the local government, which does not contain restricted access information.
14. in paragraph 13 of these provisions in that notice shall contain at least the following information: 14.1. actions provided for name, location (address) and the date of the decision on the assessment of the Office;
14.2. the proponent (name, last name, or title);
14.3. the meeting venue and time;
14.4. time and place where the public can obtain information on the proposed activity and to get acquainted with prepared an assessment report, which contains no restricted access information;
14.5. the Office address, phone number, website address on the internet.
15. the proponent shall ensure that the provisions referred to in paragraph 13 of the meeting take place in premises accessible to the public not earlier than seven working days after the publication of the notice. Proponent prepares the necessary information materials and copies of the documents runs a meeting, its record and compile results. The meeting shall be entitled to participate and make proposals on any person. The Office participates in every meeting, which takes place in accordance with these rules. The person who participated in the meeting, you can familiarize yourself with the Protocol and not later than three working days to submit the application, in which they expressed a particular opinion. The minutes of the meeting and the accompanying submissions proposing adds report about the first version of the evaluation report of the public consultation.
16. the Agent is collecting proposals and comments received and prepare a final assessment report. The report shall include a review of the first version of the report public consultation.
17. the final version of the assessment report, as well as the final version of the assessment report, which contains no restricted access information, the proponent shall submit to the Office. The Office is the final version of the assessment report, which contains no restricted access information, insert the Office's home page on the internet. Office within 30 days, taking into account the interest of the public authorities and local opinion, companies submitted their written proposals on the report that do not contain restricted access information, as well as the results of the public consultation to assess the final version of the assessment report and prepares opinion (if necessary by experts). Opinion sent to the agent. Opinion indicates the amendments to be made in the assessment report.
18. the Office shall be published in the internet home page of the Office in the notification that is provided in the opinion on the evaluation report, as well as the text of the opinion, the opinion of the sponsor, be transmitted to the relevant regional environmental governance, administration or, in its absence, the Administration and the local municipality. Notice shall also inform about the opportunity to become acquainted with the said opinion, regional environmental management administration building that housed the local government, the municipal building, as well as, if possible, other public places.
19. If, in accordance with the proposing the assessment report prepared by the implementation of the actions foreseen will have a negative impact on the territory, but the intended transaction is the only option to meet important public interests, social or economic interests, or for the implementation of the activities will have a negative impact on the territory of the present European Union priority species or habitats that are determined in accordance with the species and Habitat Protection Act issued normative act, but the intended operation is the only solution and need public health , public safety or protection of the environment, in the interest of the Office: 19.1 months time prepare informative message to Cabinet for a decision on the proposed activity;
19.2. give an opinion on the final version of the assessment report;
19.3. send a report to the European Commission, where the under Cabinet of Ministers decision for action is the only option according to the law "on especially protected natural territories".
20. If the area is found in the European Union's priority species or Habitat identified in the regulations, which establish the European Union's priority species or habitats, but the intended action is required of other public interest is of paramount importance, Office: 20.1. month prepare informative message to Cabinet for a decision on the proposed activity;
20.2. According to the law "on especially protected natural territories" sends a message to the European Commission, where the under Cabinet of Ministers decision for action is the only option to meet important public interests;
20.3. give an opinion on the final version of the assessment report.
21. the report of the Cabinet for a decision shall contain the following information: 21.1. affected area name, code, category;
21.2. Summary of the proposed action, or planning and environmental review documents;
21.3. the significant negative impacts a summary indicating the affected or specially protected species Habitat, as well as the significance of the impact;
21.4. the impact assessment on the territory of the common European Union priority species or habitats;
13.4. a summary of the discussed alternative solutions, including the reasons why they are not considered appropriate;
21.6. the interests of major importance to society, of social or economic interest justification why the action or planning documents need to implement;
21.7. the compensatory measures provided for, their selection and deployment schedule, as well as measures for monitoring plan.
22. the Bureau this provision paragraph 21 of that report shall be submitted to the Ministry of the environment. Environment Minister in a report shall be submitted to the Cabinet.
23. the report of the European Commission to include the following information: 23.1. affected area name, code, category, map;
23.2. Summary of the proposed action, or planning and environmental review documents;
23.3. the substantial negative impacts a summary indicating the affected or specially protected species Habitat and impact significance;
23.4. the impact assessment on the territory of the common European Union priority species or habitats;
14.6. a summary of the discussed alternative solutions, including the reasons why none of them are recognized as appropriate;
14.7. the interests of major importance to society, of social or economic interest justification why the action or planning documents need to implement;
23.7. the possible compensatory measures, their selection and deployment schedule, as well as measures for monitoring plan;
14.8. indication of whether the message is for informational purposes or as necessary for the European Commission for an opinion.
24. Opinion on the final report is valid for three years.
25. The State or local government authority is not entitled to accept or issue a dedicated pursuit of the necessary documents, including accepting or issuing a construction permit, to issue the permit for the activity of a pollutant, a pollutant class C certificate of operation, land transformation permits, where according to the requirements of this regulation have not been received by the Office.
26. in accordance with the rules adopted by the Office can appeal the decision in court within one month of the decision. 
 
Informative reference to European Union directives, the regulations include provisions resulting from: 1) the European Council of 21 May 1992 Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora;
2) of the Council of Europe on 2 April 1979 to Directive 79/409/EEC on the conservation of wild birds.
Prime Minister a. Halloween Environment Minister r. vējonis Editorial Note: the entry into force of the provisions to 10 June 2006.