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Updated to: 16 February 2015Download as PDF
Distinguishing features of the EIA/SEA system
Environmental management in general and particularly the environmental assessment are regulated in the Congo through the following: the Constitution of January the 20th, 2002; the Law No. 003/91 of 23rd of April 1991 on the protection of the environment; the Decree 2009-415 of the 20st November 2009 which lays down the scope, content and procedures of the study and the environmental and social impact notice; specific laws and regulations in various development sectors (forestry, mining, water , energy, urban planning etc) and conventions, international agreements and treaties.
One of the peculiarities of Decree 2009/415 is that it includes plans and programs in the project definition. Strategic environmental assessment is therefore identical to environmental and social impact assessment.
Administrative system: relevant features
Since the Constitution of 20 January 2002, the Congolese territory is divided into 11 departments, 76 sub-prefectures and seven urban districts. For now, the management of the impact assessment process is centralized. The Ministry of Environment which oversees the activities related to environmental impact studies in the Congo. This is currently the Ministry of Forest Economy and Environment. Under the authority of the Ministry of Environment, Directorate General Environment (DGE) is the governing body for environmental management in the Congo. DGE is the responsible authority for EIA.
Relevant international conventions
The Republic of Congo has signed and ratified a number of conventions, treaties and international agreements including:
- The Convention on International Trade of Endangered Species of Fauna and Flora (CITES), called Washington Convention (Law No. 034/82 of 27 July 1982)
- The Convention on the Protection of World Cultural and Natural Heritage (Law No. 19/85 of 19th July 1985)
- The Convention on Wetlands of International Importance, especially waterbirds, called Ramsar Convention (Law No. 28/96 of 25th June 1996)
- The Vienna Convention on the Protection of the Ozone Layer 94 (Act No. 01/1 March 1994
- The Convention on Biodiversity (Law No. 29/96 of 25 June 1996)
- The Convention on Climate Change (Law No. 26/96 of 25 June 1996)
- The Montreal Protocol on Substances that Deplete the Ozone (/ 94 Act No. 03 of mars1994 1) layer
- The London Convention on Oil Pollution (Law No. 10/80 of 21 July 1980)
- Bonn Convention on the Conservation of Migratory Species of Wild Animals (Law No. 14/99 of 3 March 1999);
- The Abidjan Convention on cooperation for the protection and development of marine and coastal areas in West Africa and Central (Act
- No. 21/85 of 19 July 1985)
- The Bâle Convention on the Ban of the Import of Hazardous Waste and the Control of Transboundary Movement and Management of Hazardous Wastes within Africa (Act No. 27/96 of 26 June 1996).
- The Convention on the fight against desertification in countries seriously affected by drought and desertification and / or desertification, particularly in Africa (Act No. 008/99 of 8 January 1999).
- The African Convention on the conservation of wildlife and natural resources, called Algiers Convention de1968.
- The Lusaka Agreement on Cooperative Enforcement Operations Directed at Illegal Trade in Wild Fauna and Flora (Act No. 32/96 22août 1996)
- The Agreement on African-Eurasian Migratory Waterbirds called AEWA / ACOMAE (Law No. 7/99 of 8 January 1999).
Environmental Standards: relevant features
With respect to environmental standards, it is clear that there is no national legislation laying down the limits. However, the legislation provides that in the absence of national standards one should refer to international standards.
Country specific terms or acronyms
MEFE = Ministère de l'Economie Forestière et de l'Environnement (Ministry of Foresty Economy and Environment)