WHAT YOU SHOULD KNOW ABOUT ENVIRONMENTAL IMPACT ASSESSMENT (EIA) and ENVIRONMENTAL COMPLIANCE CERTFICATE (ECC)The DENK-EMB Mandate The Philippine Environmental Impact Statement System (PEISS) takes its roots in the provisions of the Philippine Constitution, which states “The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature.” Presidential Decree (PD) 1s Framework of the Environmer preparation of Environmental Impact As for all projects that will affect environme establishment of a systematic EIS System 1586 ensures that the Filipino people fe and healthy ecology” in the midst of development. It further requires all EIS ) National Environmental Protection Gouncil (NEPC), now tl Department of Environment and Natural | Resources (DEN rough Executive Order 192, for Ww and evalu: rther stipulates that the Presid or his duly a esentative issues the Environmental Con srt cates (ECC) for Environmentally Critical Projects | co ‘Administrative Order (AO) 42 sp Secretary, as alter ego of the Pres rant or deny ECCs on behalf of tl entral and Regional Directors as CC applications. 41. What is an Environmental Impact Assessment or EIA? An EIA is a “process that involves predicting and evaluating the likely impacts of a project as well as the ensuing preventive, mitigating and enhancement measures in order to protect the environment and the community’s welfare”. The documentation of the EIA process is an EIA Report, an example of which is an Environmental Impact Statement (EIS). The Report is used to enhance planning and guide decision-making in order to red dyerse environmental impacts of proposed actions through th of Environmental Management Plans (EMP). Y the p is directed by AO 42 to Study (FS) phase ofA positive review of the EIA Report by the DENR-EMB results to the issuance of an ECC, allowing the Proponent to proceed to the next stage of project planning, which is the acquisition of approvals from other government agencies and LGUs, after which the project can start implementation. a Lat While the EIA process undertakes an integrated approach in the review of environment-related issues, the EIA process segregates the documentary requirements of government agencies from those within the DENR-EMB mandate. Issues outside the DENR-EMB purview shall be resolved through the expert judgment of the concerned agencies. The EIA review shall not require Proponents to produce permits as the appropriate practice shall be for the findings of the EIA to provide guidance for consideration of such agencies in the issuance of their respective permits (e.g. mining permits), certificates, licenses, clearances, MOA or other government documents. Hence, the EIA evaluation must be done prior to the issuance of such documents. 2. When does a project require an ElA? PD 1586 stipulates that the requirement to undergo the EIA Process covers projects established after 1982, which have been declared as ECPs or in ECAs, as technically defined by the DENR-EMB. For projects that are not ECPs or are not in ECAs, environmental safeguards may be required, as deemed necessary, without the requirement of EIAs for these projects?* 3. What is an Environmental Compliance Certificate or ECC? An Environmental Compliance Certificate (ECC) is a decision document issued to the Proponent after thorough review of the EIA Report. The ECC outlines the commitments of the proponent which are necessary for the project to comply with existing environmental regulations or to operate within best environmental practice that are not currently covered by existing laws. A Supreme Court decision (G.R. No. 148622, Sept 12, 2002, with DENR XIl as the Petitioner and City of Davao as Respondent) finds projects not in the list of ECPs in Proclamation 2146 and proven not to be located within ECAs based on certifications by the DENR or the responsible agency with mandate of the ECA category are not covered by the PEISS.