6.4.1Categorization
Based on the pre classification of subprojects as submitted by project proponents and field appraisal (when required), SETENA will evaluate subproject Forms D1 or D2, as applicable. If the information presented in the form is consistent with its classification and supports the category of the subproject’s risk level (high, moderate, low), then SETENA will proceed to grant the final environmental category to the subproject (i.e. A, B1, B2 with PR, B2 without PR or C).
When reviewing the information provided in form D1, SETENA will determine whether the subproject is of high (A), moderate (B1) or low risk (B2 without PR) and the final category will be assigned. The subprojects may pursue the following decision paths:
Table 6.4. Category scoring in appraisal procedure following Form D1
Category
|
Score
|
Environmental Instrument
|
A
|
> 1000 (High risk)
|
Environmental Impact Study (EsIA)
|
B1
|
> 300 and ≤ 1000 (Moderate risk)
|
Forecast - Environmental Management Plan (P-PGA)
|
B2 without PR
|
≤ 300 (Moderate to Low risk)
|
Sworn Statement of Environmental Commitments (DJCA)
|
When reviewing Form D2, SETENA will evaluate if the subproject risk level is low, and will grant either category B2 with PR (low to moderate impact) or C (low impact). If SETENA considers the subproject of a higher category, the project proponent will be required to complete Form D1.
The following figure describes the decision paths that SETENA will take in the categorization and appraisal process.
Figure 6.5. Decision paths in the project categorization and appraisal process by SETENA
6.4.2Appraisal
At the time SETENA evaluates Form D1 and assigns categorization, SETENA will require the project proponent to complete one of the following environmental instruments1. The appraisal procedures per risk category are as follows:
Category B2 without PR projects (moderate to low impact):
-
Sworn Statement of Environmental Commitments (DJCA):
The DJCA consists of a sworn declaration of commitments to comply with environmental measures resolved by SETENA. These commitments include:
(i) Government of Costa Rica requirements:
-
compliance with all the environmental management and mitigation measures submitted by the project proponent in Form D1;
-
compliance with all the environmental management measures explicitly indicated by SETENA in its Resolution on Form D1; and
-
environmental guidelines set forth in the Code of Good Environmental Practices and in the applicable environmental regulations;
(ii) World Bank requirements:
-
preparation of environmental mitigation measures; and
-
the inclusion and implementation of environmental conditions in contract clauses with the subcontractors for the construction phase (See Annex 10, Sample Language of Environmental Contract Clauses).
Category B1 projects (moderate impact):
-
Forecast-Environmental Management Plan (P-PGA):
The P-PGA is a document, with a pre-established format, aimed at forecasting relevant environmental impacts that the subproject will generate.
-
Sworn Statement of Environmental Commitments (DJCA).
These commitments include:
(i) Government of Costa Rica requirements:
-
environmental measures intended to prevent, mitigate, correct, compensate and restore potential environmental impacts; and
-
estimated costs, terms and responsibilities for its application;
Based on SETENA’s decision, it may also require the following:
-
compliance with the Code of Good Environmental Practices;
-
the establishment of a guarantee; and
-
the designation of an environmental coordinator.
(ii) World Bank requirements:
-
an EMP with environmental mitigation measures;
-
if sub-project converts or degrades natural habitats, inclusion of specific mitigation measures, to minimize natural habitat loss;
-
if physical cultural resources are likely to be affected, a physical cultural resources management plan (see OP 4.11);
-
if the subprojects are established within indigenous peoples territories, an indigenous peoples planning framework (see OP 4.10);
-
public consultation and project disclosure; and
-
the inclusion and implementation of environmental conditions in contract clauses (see Annex 10 Sample Language of Environmental Contract Clauses).
Category A projects (high risk):
-
Environmental Impact Study (EsIA):
The EsIA is a technical instrument, of an interdisciplinary nature, designed to predict; identify; evaluate; and mitigate the environmental impacts that certain activities of the subproject can cause to the environment. The EsIA applies to those subprojects ultimately qualified as having a high Environmental Impact Significance (Category A) and for those projects which a specific law mandates the preparation and approval of an EsIA. It will serve to define the environmental viability (permit) of the proposed subproject.
-
Forecast-Environmental Management Plan (P-PGA); and
-
Sworn Statement of Environmental Commitments (DJCA);
The EsIA is the most complex of the environmental assessment instruments; it includes:
(i) Government of Costa Rica requirements:
(ii) World Bank requirements:
-
terms of reference (ToR) for the EsIA;
-
an EIA;
-
alternatives analysis: re-assess the location and design of the subproject to ensure there are no alternatives which minimize or avoid potential environmental and social impacts;
-
if sub-project converts or degrades natural habitats, inclusion of specific mitigation measures, to minimize natural habitat loss;
-
if physical cultural resources are likely to be affected, a physical cultural resources management plan (see OP 4.11);
-
if the subprojects are established within indigenous peoples territories, an indigenous peoples planning framework (see OP 4.10);
-
public consultation and project disclosure; and
-
the inclusion and implementation of environmental conditions in contract clauses (see Annex 10 Sample Language of Environmental Contract Clauses).
Category B2 with PR (moderate to low impact) and Category C projects (low impact):
No further action is required by the project proponent for subprojects that fall in these categories.
Additional information
The environmental appraisal and review procedure described in more detail in the Investor Manual of the Ministry of Trade (Ministerio de Comercio Exterior, COMEX (see http://www.tramites.go.cr/manual/).
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