Environmental Impact Assessment (EIA): new regulation in Lombardy

In the Official Bulletin of the Lombardy Region no. 13 of 27 March 2020, the Regional Regulation no. 2 of 25 March 2020 – n. 2 “Rules for the implementation and application of the provisions on EIA and the verification of eligibility for EIA pursuant to L.r. 5/2010 and related amendments and additions” was published. Repeal of R.R. 5/2011″.

The Regulation in question, implementing Regional Law No 5 of 2 February 2010 (Rules on environmental impact assessment) as amended, in particular, by Article 10 of Regional Law No 36 of 12 December 2017:

• updates the guidelines of the Regional Environmental Impact Assessment (EIA) Commission;
• establishes the criteria for the calculation of the costs of investigation referred to in Article 3(5) of Regional Law No 5/2010;
• defines the procedures for the use of the Regional Agency for the Protection of the Environment (ARPA Lombardia) by the competent authorities for the environmental impact assessment (EIA) and the verification of eligibility for EIA;
• Specifies the procedures for the expression of the Region’s opinion in the context of the EIA procedure or the verification of eligibility for an EIA under state jurisdiction concerning projects to be carried out in Lombardy;
• It regulates the modalities of implementation and application of the provisions on EIA and of the single and final authorization measure of the procedure, as per art. 27 bis of D.L. 3 April 2006, n. 152 (Environmental regulations) and art. 4, paragraph 3 bis, of L.R. 5/2010, as well as the verification of the possibility of being subject to EIA by non-state competent authorities identified by art. 2 of L.R. 5/2010. More specifically:
  1. specify the procedures for the EIA;
  2. specify the procedures for verifying eligibility for EIA;
  3. coordinate and make consistent project evaluation procedures with planning or even spatial planning evaluation procedures;
  4. establishes the modalities for carrying out controls in the EIA procedures and for verifying eligibility for EIA.

The new provisions will apply to all environmental assessment procedures initiated as from 11 April 2020, when the provisions of the current Regional Regulation 5/2011 will also be repealed at the same time.