330 / 521
Additionally, paragraphs (c) and (ç) are removed. In paragraph (b), the
expression “the projects considered as out of scope” replaces the
expression “the projects falling within the scope of the Regulation and
having a threshold value, however considered out of scope since their
values are below the threshold.”
The New Regulation includes Art. 24 titled, “Extraordinary
Situations and Special Provisions,” which sets forth that the method to
be applied to the EIA process concerning the planned capacity increase
and/or expansion of the projects with “EIA Positive” or “EIA Not
Required” decisions shall be determined by the Ministry.
Art. 19 titled, “Termination of Practices Incompatible with the
Regulation,” abolished the provision concerning the limitation of the
non-recurring extension of time to be granted by the Ministry/
Governorate for a maximum of ninety-days for the fulfillment of the
undertakings in the project description file if they are not fulfilled, the
new Regulation does not prescribe such time limitation.
Conclusion
The new Regulation on the EIA, which entered into force through
its publication in the Official Gazette dated November 25, 2014, regu-
lates the principles and procedures regarding EIA Reports or project
description files that will mandatorily be obtained by the establish-
ments, institutions and businesses, which may give rise to environ-
mental problems via their activities, a number of amendments are
introduced by the new Regulation with the capacity of affecting the
practice.
314
NEWSLETTER 2014