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Law “On Environmental Impact Assessment and Expertise”

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LAW

OF THE REPUBLIC OF ARMENIA

Adopted on 3 May 2023

ON MAKING AN AMENDMENT TO THE LAW

“ON ENVIRONMENTAL IMPACT ASSESSMENT AND EXPERT EXAMINATION”

Article 1. The Law HO-110-N of 21 June 2014 “On environmental impact assessment and

expert examination” shall be amended as follows:

“LAW

OF THE REPUBLIC OF ARMENIA

ON ENVIRONMENTAL IMPACT ASSESSMENT AND EXPERT EXAMINATION

CHAPTER 1

GENERAL PROVISIONS

Article 1. Subject matter of the Law

1. This Law shall regulate relations pertaining to the rights and obligations of the

initiators in processes of strategic environmental assessment, environmental impact

assessment, transboundary impact assessment, state expert examination of

environmental impact, notification of the public, conducting public hearings, issuing

state expert opinion, becoming ineffective thereof, environmental impact assessment,

expert examination and implementation of the proposed activity in the Republic of

Armenia.

Article 2. Scope of the Law

1. This Law shall apply to the environmental impact assessment and expert examination,

strategic environmental assessment and expert examination, environmental impact

assessment and expert examination of the draft fundamental document and proposed

activity having a transboundary impact, processes of notification of the public

concerned, public hearings, declaring the state expert opinion ineffective and to

persons participating in such processes.

Article 3. Legislation on assessment and expert examination

1. Legislation on assessment and expert examination consists of the Constitution of the

Republic of Armenia, international treaties of the Republic of Armenia, this Law and

other legal acts.

2. In case of conflict between the norms of international agreements ratified by the

Republic of Armenia and those of laws, the norms of international agreements shall

apply.

Article 4. Main concepts used in the Law

1. The following main concepts shall be used in this Law:

(1) environment shall mean integrity of natural and anthropogenic components

(ambient air, climate, waters, soils, subsurface resources, landscape, fauna and

flora, including forests, specially protected areas of nature or environmental

lands, green belts of settlements, structures, natural facilities, historical and

cultural monuments), social environment, including human health safety

factors, materials, phenomena, and their interaction among one another and

with people;

(2) environmental impact shall mean possible change in the environment or one of

the components thereof as a consequence of implementation of the fundamental

document or of carrying out the proposed activity;

(3) transboundary impact shall mean environmental impact within an area under

the jurisdiction of the state caused as a consequence of implementation of the

fundamental document or of carrying out the proposed activity, and the physical

origin of which is situated fully or in part within the area under the jurisdiction

of another state;

(4) affected state within the meaning of the Convention on Environmental Impact

Assessment in a Transboundary Context shall mean a state which can be

subjected to the impact on the environment as a consequence of implementation

of the fundamental document or carrying out of proposed activity on an area

under jurisdiction of another state;

(5) state of origin within the meaning of the Convention on Environmental Impact

Assessment in a Transboundary Context shall mean a state under the jurisdiction

of which it is planned to implement the provisions of the fundamental document

or carry out the proposed activity;

(6) fundamental document shall mean a document having a potential impact on the

environment (strategy, concept paper, scheme of utilisation of natural resources,

project, plan, layout, urban development programme document) or any

amendment to the document approved by laws of the Republic of Armenia or

other legal acts of the public or local self-government bodies;

(7) proposed activity shall mean types of the activities listed in parts 3 and 4 of

Article 12 of this Law, activity prescribed by parts 6 and 7, and in cases provided

for by the procedure prescribed by point 5 of part 1 of Article 8 of this Law —

also reconstruction or expansion or technical or technological re-equipment or

re-profiling or conservation or relocation or termination or closure thereof, in

case of facilities important from the point of view of the atomic energy safety —

decommissioning (in case of a landfill serving as a facility important from the

point of view of atomic energy safety — closure) or demolition or design change;

(8) design document shall mean a document or a package of documents prescribed

by law and other legal acts for carrying out the proposed activity and a change

made thereto. In case no document or a package of document is prescribed by

law and other legal acts for carrying out the proposed activity, the phase

description of the proposed activity, in case of subsurface use — the programme

prescribed by Articles 36 and 39 or the project for extraction prescribed by

Article 50 of the Law of the Republic of Armenia "On subsurface";

(9) strategic environmental assessment (hereinafter referred to as “the SEA”) shall

mean the process of determination and assessment of the impacts on the

environment as a consequence of application of provisions of the draft

fundamental document, which shall include determination of the framework

and provisions of the SEA report, preparation of the SEA report, ensuring

participation of the public concerned and holding of professional consultations,

taking into account the provisions of the SEA report, results of public

participation and consultations in the fundamental document;

(10) environmental impact assessment (hereinafter referred to as “the EIA”) shall

mean the process of study of the potential impact of the proposed activity on the

environment as a result of the activity proposed by the initiator;

(11) expert examination shall mean the process of providing positive or negative state

expert opinion on the proposed activity as a result of examination, assessment

and analysis of the draft fundamental document and the SEA report or design

document on the proposed activity and the EIA report, in accordance with the

draft fundamental document and the SEA report or in accordance with the

design document and the EIA report;

(12) state expert opinion shall mean an official document adopted by the authorised

body as a result of the expert examination;

(13) authorised body shall mean a public administration body developing and

implementing the policy of the Government in the field of ensuring state expert

examination of the environmental impact prescribed by the Law “On the

structure and activities of the Government”;

(14) initiator shall mean a public or local self-government body submitting the draft

fundamental document or person applying for carrying out the proposed

activity;

(15) expert shall mean a legal or natural person involved by the authorised body in

the expert examination process;

(16) affected settlement shall mean settlement (in case of the city of Yerevan —

administrative district) subject to potential impact on the environment by

implementation of the fundamental document or carrying out of the proposed

activity;

(17) affected community shall mean a community including an affected settlement;

(18) person or public concerned (hereinafter referred to as "the public concerned")

shall mean one or more natural or legal persons directly or potentially impacted

as a consequence of implementation of the fundamental document or carrying

out of the proposed activity, or showing interest in relation to decisions adopted

thereon;

(19) participants of the process shall mean public or local self-government bodies,

natural and legal persons, including affected community, affected settlement,

public concerned, which, in accordance with this Law, participate in the process

of assessments or expert examination;

(20) application shall mean a package of documents submitted by the initiator to the

authorised body before carrying out the activities prescribed by Article 18 of

this Law;

(21) report shall mean a document summarising the results of the SEA or the EIA

elaborated by an individual entrepreneur or legal person with the relevant

license;

(22) package of documents submitted for expert examination shall mean a design

document, SEA or EIA report, documents prescribed by part 2 of Article 17 of

this Law;

(23) environmental management plan shall mean the measures envisaged for

maintaining and enhancing potential positive impacts on the environment,

preventing, excluding, reducing negative impacts, preventing irreversible

impact and for compensating the damage to the environment (phases of

construction, exploitation, closure, post-closure, risk-bearing and emergency

situations), a document envisaging the substantiation of their selection and

effectiveness, implementation schedule, monitoring indicators, total assessment

of the costs;

(24) environmental impact monitoring programme shall mean the integrity of

actions aimed at observation of the impact on the environment, post-project

analysis, fulfilment of requirements of the state expert opinion and requirements

prescribed by laws and secondary regulatory legal acts of the Republic of

Armenia or production control (self-control) during the application of

provisions of the fundamental document or the carrying out of the proposed

activity and afterwards, in accordance with the design document;

(25) climate change adaptability shall mean the ability of the environment and its

components to adapt to actual and predicted climate change in order to reduce

harm, mitigate negative effects and take advantage of opportunities;

(26) climate change mitigation shall mean a set of technical and technological

solutions for measures aimed at reducing greenhouse gas emissions and creating

greenhouse gas absorbing capacities.

Article 5. Principles of assessment and expert examination

1. The principles of assessment and expert examination shall be as follows:

(1) consideration of the possible impact of the proposed activity on the

environment;

(2) prevention, reduction and exclusion of the harmful impact on the environment

as a result of implementation of the fundamental document or carrying out of

the proposed activity;

(3) complex consideration of impacts, including transboundary impact, in the

process of assessment;

(4) ensuring consideration of alternative options for carrying out the proposed

activity, including exclusion of carrying out the activity;

(5) ensuring completeness, authenticity and scientific justification of the reports;

(6) ensuring justification, legitimacy and objectivity of the state expert opinion;

(7) ensuring transparency, publicity of the processes of assessment and expert

examination and participation of the public concerned therein;

(8) ensuring maintenance and enhancement of potential positive impacts on the

environment, prevention, reduction, exclusion of negative impacts and

compensation of the damage to the environment or recovery of the environment

as a result of the expert examination.

Article 6. Goal and objectives of assessment and expert examination

1. The goal of the assessment is to foresee, prevent, reduce or exclude the potential

impacts on the environment as a result of implementation of the draft fundamental

document and carrying out of the proposed activity in accordance with the design

document and EIA report, as well as full, cumulative and scientifically-based

assessment thereof.

2. The goal of the expert examination is to provide positive or negative state expert

opinion on the draft fundamental document and proposed activity — in accordance

with the design document and EIA report — as a result of study, analysis and

assessment of the draft fundamental document and SEA report or design document

and EIA report, based on the principle of prevention, reduction or exclusion of

potential negative impact on the environment.

3. The objectives of the assessment and expert examination are as follows:

(1) ensuring sustainable development based on the requirements of environmental

safety and environmental impact limitations;

(2) ensuring of maintenance of the positive impacts of provisions of the draft

fundamental document and the proposed activity, prevention, reduction or

exclusion of the adverse impacts and their consequences;

(3) assessing the possible risks of environmental impact in emergency situations.

Article 7. Activities, objects and characteristics of environment under observation

in the process of EIA and expert examination

1. Based on the types and specifics of the proposed activity, the following is under

observation in the process of conducting assessment and expert examination:

(1) qualitative indicators of ambient air, substances polluting the atmosphere,

pollution level;

(2) surface waters and subterranean waters, class of the quality thereof, flow

regimes, qualitative and quantitative indicators, pollution level, water

consumption, drainage, water system or individual parts thereof;

(3) the soil — designated purpose, type of lands, functional significance, category,

quality, condition, composition, level of contamination, degradation, use of

fertile layer;

(4) geomorphology, slope inclination, geological and tectonic structure, external

geological phenomena, minerals, subsurface use;

(5) terrain, landscape, specially protected areas of nature or environmental lands,

green belts of settlements, animal migration routes and habitats;

(6) flora and fauna, composition of species thereof, life environments of objects of

fauna, growing areas of objects of the flora, utilisation of the objects of flora and

fauna, the use of live modified organisms, the presence of invasive — strange —

plant and animal species, animals or plants registered in the Red Book of

Animals of the Republic of Armenia and the Red Book of Plants of the Republic

of Armenia;

(7) forests: functional significance thereof, sustainable management of forests,

composition of species, growth class, condition (viability, infection with pests,

age composition);

(8) historical and cultural monuments, structures, cemeteries, infrastructures,

overburdened state of roads with vehicles;

(9) composition of wastes, class, use, dangerous properties, hazard level of waste,

the amount of waste, origin (according to technological regulation);

(10) physical effects — noise, vibrations, ionising and non-ionising radiations;

(11) existence of factors affecting climate change, measures aimed at mitigation of

and adaptability to climate change;

(12) healthcare factors connected with the effects;

(13) social factors, demographic composition and the population;

(14) probability of emergency situations, accidents, dangerous natural phenomena.

2. In case of assessment of facilities important from the point of view of nuclear energy

safety, in addition to the features prescribed by part 1 of this Article, the

characteristics approved by the decision prescribed by point 9 of part 1 of Article 8 of

this Law shall also be considered.

CHAPTER 2

MANAGEMENT OF THE PROCESSES OF ASSESSMENT

AND EXPERT EXAMINATION

Article 8. Competences of the Government

1. The competences of the Government in the processes of assessment and expert

examination shall be as follows:

(1) approving the requirements for the procedure for SEA and the SEA report;

(2) approving the procedure for EIA;

(3) approving the procedure for expert examination, making an amendment or

supplement to the state expert opinion, declaring the state expert opinion

ineffective;

(4) approving the procedure for assessment of the potential economic damage to the

environment as a consequence of carrying out the proposed activity and

compensation thereof;

(5) approving the procedure for defining the necessity for EIA and expert

examination of the reconstruction or expansion or technical and technological

re-equipment or re-profiling or conservation or relocation or termination or

closure or demolition or design change of the types of the proposed activity;

(6) approving or declaring ineffective the state expert opinion on draft fundamental

document or proposed activity having a transboundary impact;

(7) establishing the content of public awareness and notification on public hearings

prescribed by Article 16 and Chapter 7 of this Law, procedure for public

hearings, procedure and time-limits for submitting public opinions, comments

and suggestions in the process of EIA and expert examination, for delivering

preliminary agreement or disagreement by local self-government bodies;

(8) approving the procedure for licensing of the activity of elaboration of EIA and

SEA reports;

(9) approving the characteristics subject to consideration in the process of EIA and

expert examination of facilities important from the point of view of atomic

energy safety;

(10) approving the procedure for assessment of the potential environmental damage

to the environment as a consequence of carrying out the proposed activity and

compensation thereof;

(11) approving the types of activities subject to assessment and expert examination

in specially protected areas of nature or forest lands or green belts of settlements

or within the boundaries of historical and cultural monuments not included in

the fundamental documents having obtained a positive state expert opinion.

Article 9. Competences of the authorised body

1. The competences of the authorised body shall be as follows:

(1) implementing, within the scope of its competence, international cooperation

related to the process of expert examination;

(2) approving the SEM and EIA guidelines;

(3) signing the state expert opinion on draft fundamental document or proposed

activity having a transboundary impact;

(4) elaborating draft decision of the Government on approving or declaring

ineffective the state expert opinion on draft fundamental document or proposed

activity having a transboundary impact;

(5) conducting the expert examination, drawing up, approving (expert for the state

expert opinion on draft fundamental document or proposed activity having a

transboundary impact), issuing the state expert opinion;

(6) reconstruction or expansion or technical or technological re-equipment or re-

profiling or conservation or relocation or termination or closure or demolition

or design change of the types of the proposed activity and adopting a decision

on the necessity for the EIA and expert examination, in compliance with the

procedure approved by the Government;

(7) involving an expert in the process of expert examination on contractual basis

conditioned by professional or expert need;

(8) declaring the state expert opinion ineffective in the cases and through the

procedure prescribed by part 1 of Article 20 of this Law;

(9) coordinating the draft fundamental document or the proposed activity with the

concerned bodies;

(10) ensuring participation of its representative in public hearings;

(11) providing, in written form or electronically, information on being subject to EIA

and expert examination of the proposed activity and on relevant procedures to

the initiator;

(12) ensuring the opportunity for notification and participation of the public

concerned in the process of expert examination in the cases and through the

procedure prescribed by this Law;

(13) providing written information on the publication of the approved state expert

opinion to the state authorised bodies and relevant inspection bodies prescribed

by Article 12 of this Law;

(14) performing other functions provided for by the law of the Republic of Armenia.

Article 10. Competences of territorial administration bodies in the process of

EIA, SEA and expert examination

1. The competences of territorial administration bodies in the process of EIA, SEA and

expert examination shall be as follows:

(1) delivering an opinion on the provisions of the draft fundamental document or

the proposed activity related to the marz;

(2) ensuring conditions and requirements for notification on the processes of

assessment and expert examination of the impact of the draft fundamental

document drawn up upon the initiative thereof, for the organisation of public

hearings and participation of the public concerned;

(3) providing, upon the request of the initiator, information regarding the effective

fundamental documents related to the territory;

(4) providing respective advice to the initiator in the processes of assessment, as

well as any other information, in their possession, necessary for conducting the

impact assessment.

Article 11. Competences of local self-government bodies in the process of EIA

and expert examination

1. The competences of local self-government bodies in the process of EIA and expert

examination shall be as follows:

(1) delivering preliminary agreement or disagreement by the council of elders of

the community on the provisions of the draft fundamental document or the

proposed activity related to the community;

(2) ensuring — within the scope of powers, through the procedure prescribed by

this Law — conditions and requirements for notification on the draft

fundamental document or proposed activity, the processes of assessment and expert

examination of the impact thereof, for the organisation of public hearings and

participation of the public concerned by the head of the community;

(3) delivering an opinion on the proposed activity during the public hearings by the

head or the council of elders or the member of the council of elders of the

community;

(4) providing, upon the written request of the initiator, information regarding the

effective fundamental documents related to the territory;

(5) providing respective advice to the initiator in the processes of EIA, as well as

any other information, in the possession thereof, necessary for conducting the

impact assessment.

CHAPTER 3

TYPES OF PROPOSED ACTIVITY SUBJECT TO EIA AND EXPERT EXAMINATION

Article 12. Proposed activity subject to EIA and expert examination

1. The EIA reports and design documents on the types of proposed activity prescribed

by parts 3 and 4, 6-9 of this Article, as well as point 1 of part 4 of Article 18 of this

Law shall be subject to assessment and expert examination.

2. The types of the proposed activity subject to assessment and expert examination shall,

based on the fields, be classified into two categories — A and B — according to the

reducing degree of impact on the environment.

3. Category A shall include:

(1) in the field of energy:

a. selection, construction, operation and decommissioning (in case of landfills

intended for the burial of radioactive wastes — closure) of a site for facilities

important from the point of view of atomic energy safety;

b. installations for irradiated nuclear fuel processing;

c. installations for the production or enrichment of nuclear fuel;

d. installations for processing irradiated nuclear fuel or highly radioactive

wastes;

e. installations for the final disposal of irradiated nuclear fuel;

f. installations exclusively for the final disposal of radioactive wastes;

g. installations exclusively for the storage of irradiated nuclear fuel or

radioactive wastes (planned for more than 10 years) in places other than

the area of the production facility;

h. storage facilities and landfills for radioactive wastes;

i. thermal power plants or other combustion installations with a thermal

power of 50 MW or more;

j. hot water or steam production facilities with a thermal power of 50 MW

and more;

k. hydroelectric power stations with an electric capacity of 1MW and more;

l. gasification or gas liquefaction plants;

m. coke production furnaces;

n. production of energy form geothermal waters with a capacity of 8 MW

and more,

(2) in the field of subsurface use:

a. geological explorations with underground mine openings with a length

more than 1 000 running metres or in case of drilling of wells with a depth

exceeding 1 000 running metres;

b. extraction of metallic, including radioactive minerals or processing of ores

or minerals or construction of extraction complex (including tailing

dumps);

c. processing of hazardous subsurface wastes;

d. oil or gas processing plants;

e. extraction of oil or gas or refining of crude oil or natural gas;

f. creation of underground structures for the storage of oil or gas or industrial

wastes or poisonous or radioactive substances;

g. construction of roads or structures for underground transportation;

h. final closure of the metallic minerals mining complex;

i. extraction of non-metallic minerals or processing of ores 30 cubic

metres or more per day,

(3) in the field of chemical industry:

a. manufacturing or processing of rubber or rubber goods;

b. production or processing of oil or petroleum products;

c. production or processing of fuel oil, tar, bitumen;

d. production of explosives;

e. production of inorganic acids or alkalis or other inorganic substances or

compounds;

f. production or processing of organic or inorganic substances or mixtures

thereof;

g. production of pesticides or agrochemicals;

h. production of household chemicals (washing, cleaning or other

substances) with a monthly capacity of 50 tonnes and more;

i. production of ethyl alcohol;

j. chemical production installations, where chemical or biological processes

are used to produce food protein additives, enzymes and other protein

substances;

k. installations for the production of carbon (natural coke) or electrographite

by combustion or graphitization;

l. storage facilities with a volume of 5 000 tonnes and more for gaseous or oil

or petrochemical or chemical substances,

(4) in the field of pharmaceutical production:

a. industrial production of medicinal substances through chemical or

thermal processes,

(5) in the field of production and processing of the metals:

a. roasting and agglomeration of metallic minerals (including sulphide or

oxidized minerals);

b. production or processing of non-ferrous, noble, rare, ferrous metals or the

alloys thereof from minerals or concentrates or secondary raw materials

or blowing protective metal coatings with raw steel the amount of which

exceeds 2 tonnes per hour;

c. processing of non-ferrous metals, including alloyage, recuperation of

products (refinement, melting production, etc.);

d. production of processed cast iron or steel (primary or secondary casting),

including continuous casting, which exceeds the capacity of 2.5 tonnes per

hour;

e. processing of surfaces of metals or plastic materials by utilisation of

electrolytic or chemical processes in basins with a volume of 30 cubic

metres or more,

(6) in the field of waste utilisation:

a. collection, storage, utilisation, treatment (except for sorting or mechanical

dismantling of household solid, electronic and electrotechnical equipment,

construction waste), processing, recycling, treatment [neutralization],

placement or burial of hazardous wastes;

b. construction or operation of landfills intended for serving to population of

15 000 and more or receiving daily garbage of 10 tonnes and more or

processing of household wastes;

c. transfer installations or landfills intended for non-hazardous wastes with

a capacity exceeding 50 tonnes per day;

d. a landfill where more than 10 tonnes of waste is dumped per day, or the

total volume whereof exceeds 25 000 tonnes, except for a landfill intended

for non-hazardous wastes;

e. construction of facilities for waste placement;

f. processing of plastic materials with the change of chemical properties,

(7) in the field of industry of construction materials:

a. production of cement or clinker or lime or plaster — 100 tonnes and more

per day;

b. melting of mineral — 20 tonnes and more per day — including the

production of mineral fibre;

c. manufacturing of ceramic products through roasting, including roof tile or

brick or firebrick or ceramic tile or stoneware or porcelain items — 30 tonnes

and more per day, or roasting furnaces with a capacity exceeding 4 cm, the

density of which exceeds 300 kg/m3;

d. production of glass or glass fibre or glass items — 20 tonnes and more per

day;

e. stationary production of asphalt with a productivity of 80 t/h and more or

concrete with a productivity of 80 m3/h and more;

f. production of asbestos or asbestos-containing materials,

(8) in the field of light industry:

a. manufacturing or chemical treatment of natural leather — 10 tonnes and

more per day, production of artificial leather (including synthetic) — 30000

square decimetre and more monthly;

b. installations for pre-treatment of fibre or textiles (operations such as

washing, bleaching, mercerization) or dyeing where the volume of

materials under treatment exceeds 10 tonnes per day;

c. surface treatment of materials, articles or products using organic solvents,

in particular installations for finishing, printing, coating, degreasing,

waterproofing, standardisation, dyeing, cleaning or absorption, with a

daily capacity of more than 150 kg per hour or 200 tonnes per year,

(9) in the field of sanitary-technical structures:

a. cemeteries or crematoria or morgues, facilities for pathologic anatomy or

mortuaries;

b. cremation or burial of animals or slaughterhouses, with a capacity of 20

tonnes per day,

(10) in the field of infrastructures:

a. airports with 2 100 metres or longer runways;

b. electric power transmission lines with a length of 15 km and more, with a

voltage of 220 kV and more;

c. construction or reconstruction of new roads with four and more lanes, or

widening of roads with two or less lanes for increasing the number of lanes

to four and more, where the uninterrupted length of the respective section

is 10 km or more;

d. construction of tunnels or subways or railways with a length of 500 meters

or bridges with a cargo capacity of 25 tonnes and more;

e. pipelines for gas or oil or chemical materials with a diameter of 300 mm

and more and with a length of 20 km and more;

f. installation of superpower transmitting radio-technical objects. For the

purposes of this Law, superpower transmitting radio-technical objects

shall mean the objects the antenna directivity of which is more than 5, or

the maximum power of which exceeds the levels mentioned below:

900 watt — in the frequency range of 30 kHz-3 MHz;

500 watt — in the frequency range of 3-30 MHz;

25 watt — in the frequency range of 30 MHz-300 GHz,

(11) in the field of water economy:

a. water reservoirs or artificial lakes or pools with a volume of 3 million cubic

metres and more;

b. household wastewater treatment plants with a capacity for population of

50 000 and more;

c. industrial wastewater treatment plants;

d. systems for subterranean waters extraction or artificial replenishment of

groundwater when the annual volume of water extracted or replenished

is equivalent to 5 million cubic meters or exceeds it;

e. extraction of underground freshwater for entrepreneurial purposes,

(12) in the field of urban development:

a. landslide control or mudslide or mudflow control measures for territories

of 10 hectares and more,

(13) in the field of agriculture:

a. factories for milk processing, dairy production with a daily capacity of 200

tonnes of milk and more;

b. fisheries — in case of water intake of 400 litres/second and more (for one

farm);

c. poultry breeding economies — more than 20 000 birds;

d. swine breeding economies — 1 000 head and more or 350 places and more

for mother pigs,

(14) in the field of wood and paper industry:

a. production of wood, paper or cardboard for paper manufacturing with a

daily volume of 20 tonnes and more;

b. production of wood pulp or similar fibrous materials,

(15) in the field of food industry:

a. production of manufactured feed concentrates — 50 tonnes and more per

day;

b. tobacco manufacturing or processing — 0.5 tonnes and more per day,

4.corr. Category B shall include:

(1) the following types of activity in the field of energy or production units or all

structures or infrastructures thereof:

a. biogas production or power generation using biogas — with a capacity of

1 MW and more;

b. hydroelectric power stations with a capacity of up to 1 MW;

c. wind power stations with a total capacity of 5 MW and more, solar power

stations occupying 3 hectares of territory and more or floating solar

stations;

d. production of energy from geothermal waters with a capacity of up to 8

MW;

e. combustion installations with a thermal power of 1 MW up to 50 MW,

except for thermal power plants;

f. hot water or steam production facilities with a thermal power of 1 MW up

to 50 MW,

(2) in the field of subsurface use:

a. geological explorations;

b. final closure of non-metallic mineral deposits;

c. processing of non-hazardous wastes of surface use;

d. final closure of mineral water deposits;

e. exploitation of mineral water deposits for entrepreneurial purposes;

f. processing of non-metallic mineral — from 8 up to 30 cubic metres per

day,

(3) in the field of water economy or soil amelioration:

a. water reservoirs or artificial lakes or pools with a volume of 500 000 to 3

mln cubic metres;

b. water flow transfer works between water basins, when such transfer is

aimed at preventing possible water shortage, and the annual volume of

water transferred exceeds 100 million cubic meters, except for the cases

provided for by point 6.1 of the Programme approved by the Law "On

approving the Annual and Complex Programmes for the Restoration,

Conservation, Reproduction and Use of the Ecosystem of Lake Sevan", or

all other types of work related to the transfer of water resources through

river basins, when the average multi-year water flow exceeds 2 000

million cubic meters per year, when the volume of water transferred

exceeds 5% of that flow. In both cases, the transfer of drinking water is

excluded;

c. household wastewater treatment plants with a capacity for population of

3 000 - 50 000;

d. construction of infrastructures for the purposes of protection from floods,

eutrophication;

e. desalination of salinized soils by chemical solutions;

f. drying or drainage collector systems with a length of 5 kilometres and

more,

(4) in the field of agriculture:

a. fisheries — with annual productivity of 100 tonnes and more, where the

water consumption of the farm does not exceed 400 l/s;

b. sheep-raising farms — 500 head and more;

c. stock-raising (cattle) farms — 1 000 head and more,

(5) in the field of forestry:

a. felling in state- or community-owned lands, except for fellings prescribed

by forest management plans or management plans for specially protected

nature areas;

b. afforestation, except for forest lands,

(6) in the field of infrastructures:

a. construction of electric power transmission lines with a length of 5 km to

15km or with a voltage of 110 kV to 500 kV, with a length of more than

500m;

b. petrol stations or liquid fuel station, gas stations with a capacity of 5 cubic

metres and more or NGV-refuelling compressor stations;

c. construction of highways and expressways with more than 1 km non-stop

length;

d. water supply and water drainage systems with a diameter of 300 mm and

more and with a length of 1 km and more or main canals;

e. pipelines with a diameter of 300 mm and more and with a length of 1 km

and more for fibre optic cables,

(7) in the field of food industry:

a. treatment and processing of animal raw materials (other than milk) for

getting food in case the production capacity exceeds 75 tonnes per day;

b. treatment and processing of plant raw materials for getting food in case

the production capacity exceeds 300 tonnes per day (quarterly average

indicator);

c. production of sugar or granulated sugar — 10 tonnes and more per day;

d. brewing — 1000 decalitres and more per day;

e. milk processing and dairy production — with a capacity of 100-200 tonnes

per day;

f. production of animal or vegetable oils and fats — 5 tonnes and more per

day;

g. production or processing of fish products the capacity of which to produce

finished products exceeds 30 tonnes per day,

(8) in the field of urban development:

a. construction of areas allocated for urban development with the

overground surface of development of maximum 1500 square meters and

more or with the underground surface of development of minimum 2000

square meters and more;

b. construction of areas allocated for urban development with the total

development surface of 15000 square meters and more, including the

surfaces of all the floors, including underground floors, the surfaces of the

waterproof territory of the improvement;

c. improvement — in case of waterproof territory of 1000 square meters and

more,

(9) in the fields of recreation and tourism:

a. ski runs, ropeways, zipline and related infrastructures,

(10) in the field of industry of construction materials:

a. stationary production of asphalt with a productivity of 30 to 80 t/h or

concrete with a productivity of 30 to 80 m3/h;

b. production of cement or lime or plaster — up to 100 tonnes per day,

(11) in the field of waste utilisation:

a. construction or operation of landfills intended for serving population of

up to 15 000 or receiving daily garbage of up to 10 tonnes, the total volume

whereof does not exceed 25000 tonnes;

b. economic activity related to sorting of household solid, electronic and

electrotechnical equipment, construction wastes;

c. utilisation, treatment, processing, burning of non-hazardous wastes with

the quantity not exceeding 1 tonne per day.

5.corr.Types of activities considered as immediate for ensuring national security and

eliminating the consequences of emergency situations, provided for by this Law or

the design changes provided for by Article 18 of this Law shall not be subject to expert

examination (including transboundary).

6.corr. All the types of activities approved by the Government, not listed in part 3 and 4 of

this Article, which will be carried out in specially protected areas of nature or in

forested soils or in green belts of settlements or within the territories of historical and

cultural monuments or environmental lands and which are not included in the

fundamental documents with a positive state expert opinion shall be subject to expert

examination as well. In this case the expert examination shall be carried out in

accordance with the procedure for Category B.

7.corr. At the initiative of the initiator, all proposed activities not prescribed by this Article

shall be subject to expert examination. In this case the expert examination shall be

carried out in accordance with the procedure for Category B.

8.corr. Expansion or reconstruction or technical and technological re-equipment or re-

profiling or conservation or relocation or termination or closure or demolition or

design change of the types of the proposed activity listed in this Article shall be subject

to assessment and expert examination in the case provided for by point 1 of part 4 of

Article 18 of this Law.

9 corr. Expansion or reconstruction or technical or technological re-equipment or re-

profiling of the activity not exceeding the limits of the types of the proposed activity

listed in this Article shall also be subject to EIA and expert examination, as a result of

which the limits of the activity will coincide the limits of the types of the proposed

activity provided for by this Article or will exceed them.

CHAPTER 4

PROCESSES OF EIA AND EXPERT EXAMINATION, REQUIREMENTS

FOR THESE PROCESSES

Article 13. EIA and expert examination

1. The assessment and expert examination shall be carried out prior to carrying out of

the proposed activity. Without positive state expert opinion, the actual carrying out

of the proposed activity shall be subject to termination, by the restoration to the

former state by the person having actually carried out the proposed activity.

2. The assessment and expert examination shall be carried out based on the type, extent

and location of the proposed activity and, conditioned thereby, on the possible

cumulative total degree of the already existing and predicted impacts.

Article 14. Processes of EIA

1. The EIA shall be carried out by the initiator, in case of having a relevant license, or

through an individual entrepreneur or legal person with a relevant license. In the

phase of EIA:

(1) the potential impact of the proposed activity on the environment shall be

assessed;

(2) the alternative options of the proposed activity solutions provided for by the

design documents, including the option of refusal (no-action alternative) from

the activity proposed, shall be identified and substantiated and their impact on

the environment, social and economic situation shall be assessed;

(3) the environmental management plan — which shall be enshrined in the design

document — including the environmental impact monitoring programme, shall

be developed for the purpose of prevention, reduction or exclusion of the

environmental impact;

(4) the degree of the impact shall be taken into account based on the geographical

location, number of the population of the area subject to impact, the probability,

the complexity, degree, duration, frequency of the impact and the possible

cumulative total degree of the already existing and predicted impacts;

(5) during the assessment, the cumulative environmental impact shall be taken into

account as a consequence of implementation of other activities on the area of

implementation of the proposed activity.

2. While carrying out the assessment, the suggestions, comments and opinions

submitted by participants of the process shall be taken into account. In case of failure

to accept them, the relevant justifications shall be included in the report.

3. As a result of assessment the initiator shall draw up a report in accordance with Article

15 of this Law, and submit it for expert examination.

4. Within the process of EIA, the initiator may consult with the authorised body, state

bodies, leaders of the affected community and the public concerned.

Article 15. Contents of EIA reports

1. The requirement for the EIA report for the proposed activity of category A shall be

the following:

(1) name of the initiator and place of residence (location) thereof;

(2) name of the proposed activity, in accordance with Article 12 of this Law;

(3) summary content of the report, which includes information on the initiator, non-

technical description of the proposed activity, place of implementation, exoteric and

brief description of the potential impacts on the environment and measures aimed at

mitigation thereof, which must stem from design documents;

(4) description of the area of the activity proposed by the design document, including

the description of the environment, natural conditions, resources, as well as the

purpose of their use, infrastructures, affected community, affected settlement and the

spatial planning documents, the scheme or map of the situation provided by the

competent body reflecting their location with the unified geodetic coordination

system operating in the Republic of Armenia;

(5) description and purpose, production capacities, physical, technical and

technological characteristics of the activity proposed by the design document,

the description of the required natural resources, used primary products and

materials, as well as the description of emissions, leakages, wastes and the usage

thereof, industrial dump sites, physical influences;

(6) description of all possible alternative options, including the option of refusal

(no-action alternative) from the activity proposed by the design document;

(7) assessments of the possible economic, environmental damages to the

environment, the form and time limits for compensation thereof prescribed by

the design document;

(8) in case of carrying out activity proposed by the design document, including

alternative options, the description of the possible changes of separate

components, natural resources, the conditions of environment and their

volumes separately, cumulative and full assessment;

(9) potential social impacts, risks, benefits, the analytical characteristics provided

for by the design document;

(10) potential impacts, factors, risks on human health;

(11) assessment of the risks posed as a consequence of potential emergency situations

provided for by the design document, measures aimed at the prevention and

reduction thereof;

(12) factors causing possible climate change when carrying out the activity proposed

by the design document, including greenhouse gas emissions, their nature,

volume, as well as measures aimed at the mitigation of and adaptability to

climate change;

(13) justifications of the compliance of the activity proposed by the design document

with the approved fundamental documents;

(14) justification — from environmental protection, economic, social perspective — for

the option selected as a result of analysis of all the possible options provided for

by the design document;

(15) the environmental management plan proposed by the design document;

(16) proposed activity impact monitoring programme;

(17) summary materials on the information provided by the proposed activity report,

maps, schemes, diagrams, tables submitted attached to the report, by mentioning

the sources for the reference data;

(18) sources for the reference data used with regard to the environment;

(19) information with regard to the obstacles revealed during assessment and

drawing up of the report, including information on the absence of data;

(20) potential impacts on the environment in the phases of construction, exploitation

and closure.

2. The requirements for the EIA report for the proposed activity of category B shall be

the following:

(1) name of the initiator and place of residence (location) thereof;

(2) name of the proposed activity, in accordance with Article 12 of this Law;

(3) description of the area of the activity proposed by the design document,

including the description of the environment, natural conditions, resources, as

well as the purpose of their use, infrastructures, affected community and the

spatial planning documents, the scheme or map of the situation provided by the

competent body reflecting their location with the unified geodetic coordination

system operating in the Republic of Armenia;

(4) characteristics of the activity proposed by the design document in the phases of

construction, exploitation, closure and post-closure (production capacities,

natural resources and materials used, technical and technological solutions);

(5) potential impacts on the environment in the phases of construction, exploitation

and closure;

(6) potential impacts, factors, risks on human health;

(7) the environmental management plan provided for by the design document;

(8) justifications of the compliance of the activity proposed by the design document

with the approved fundamental documents;

(9) programme for monitoring of the impact of the activity proposed by the design

document.

Article 16. Delivering preliminary agreement or disagreement by local self-

government body (bodies)

1. The initiator that intends to carry out the proposed activity prescribed by Article 12

of this Law, shall submit a notification to the head of the community within the

administrative boundaries whereof the proposed activities will be carried out, which

shall include the following:

(1) name of the initiator and place of residence (location) thereof;

(2) name of the proposed activity in accordance with Article 12 of this Law, the

purpose, brief description thereof;

(3) place of carrying out the proposed activity.

2. The head of the community shall make notification of the public concerned within

five working days after receiving the notification, and shall hold a public hearing in

the affected settlement no earlier than on the 21st, not later than on the 25th working

day after the notification.

3. Within 30 working days following the public hearing prescribed by part 2 of this

Article, the council of elders of the community shall adopt a decision on delivering

preliminary agreement or disagreement to the implementation of the proposed

activity, which shall contain justifications on the reasons thereof.

4. The head of the community shall — within a five-day period after the council of

elders of the community renders a decision prescribed by part 3 of this Article, and in

the case prescribed by part 13 of Article 16 of the Law "On self-government bodies"

— within a three-day period after the decision of the council of elders of the

community enters into force — submit to the authorised body and the initiator the

decision of the council of elders, the records, photos or video recordings of the public

hearings, where available also the suggestions, comments and opinions of the public

concerned.

5. In case of holding hearings in more than one community, the disagreement by at least

one of the communities shall — in compliance with part 3 of this Article — be

considered as a disagreement on the proposed activity.

6. In case the council of elders of the community fails to render a decision within the

time period prescribed by part 3 of this Article, the initiator may submit the package

of documents for expert examination without the preliminary agreement of the

council of elders of the community.

Article 17. Expert examination

1. The expert examination shall commence from the moment the initiator submits, in

electronic form, the complete package of documents for expert examination to the

authorised body with an accompanying letter. In case of impossibility to submit the

package of documents electronically for expert examination, it shall be done in paper

form. During the process of expert examination of the proposed activity in the field

of subsurface use, the authorised body and the initiator shall carry out the document

circulation of the submission of the package, return of the package, return of the

package for revision, notification to the initiator, refusal from the expert examination,

suspension or extension of the expert examination through the body authorised in the

sector of subsurface use and protection.

2. The package shall include the following:

(1) EIA or SEA report;

(2) the design document — in case of the proposed activity;

(3) the decision of the local self-government body (bodies) on the preliminary

agreement prescribed by part 3 of Article 16 of this Law, except for the case

prescribed by part 6 of Article 16 of this Law, which shall be certified through

the request made by the authorised body to the head of the relevant community;

(4) documents (the copy, photos or video recordings of publication of notification,

where available, also the suggestions, comments and opinions, as well as the

records of the public hearings) drawn up by the local self-government body

(bodies) during the public hearings conducted in accordance with Article 16 of

this Law.

3. Prior to starting the expert examination prescribed by part 1 of this Article, the

initiator may apply to the authorised body in written form for the purpose of receiving

clarifications or consultation with regard to the requirements for the content of EIA

report. The authorised body shall response to the initiator within 10 working days

following the receipt of the application.

4. The authorised body shall return the submitted package to the initiator (in the case of

subsurface use — to the body authorised in the field of subsurface use and protection)

within seven working days following the date of their entry in the authorised body,

where it does not contain the EIA report and the documents provided for by part 2 of

this Article or contains formal or non-substantive inaccuracies or deficiencies or the

state duty is not paid, indicating the reason for the return.

5. Prior to the issuance of the state expert opinion, the initiator may reject the process

of the expert examination of the package submitted for expert examination, by

applying thereon to the authorised body in writing. In that case, the state duty shall

not be subject to return.

6. In case the proposed activity is subject to impact assessment in the transboundary context,

the authorised body shall inform the initiator thereon in writing.

7. During the expert examination, the authorised body shall involve the process

participants in the process. The SEA or EIA report shall be forwarded to the relevant

public and local self-government bodies for opinion. In case of failure by the

mentioned bodies to submit an opinion within 15 working days, the opinion shall be

considered positive.

8. During the expert examination, the authorised body shall, jointly with the local self-

government body, make notification on the public hearings and hold public hearing

with the participation of the initiator.

9. During the expert examination, the authorised body shall carry out on-site inspection

works and observations in order to determine the compliance of the current state of

the area and the information provided in the EIA or SEA reports.

10. In case of non-formal or substantive inaccuracies or deficiencies in the information

contained in the package, or in case of non-compliance between the design document

and the EIA report, it shall be returned to the initiator (in the case of subsurface use

— to the body authorised in the field of subsurface use and protection) with an

explanatory letter for revision with an indication of all the inaccuracies, deficiencies,

incompliances. The initiator shall submit the revised package to the authorised body

within 30 working days following the receipt of the explanatory letter from the

authorised body, in case whereof the time limit for expert examination of the package

returned for revision shall be considered suspended until the day the package revised

by the initiator is entered to the authorised body. In case of failure to submit the

revised package by the initiator within 30 working days, the package shall be

considered as having received a negative opinion by law. In case the package returned

for revision is submitted without revision by the initiator, the authorised body shall —

within 10 working days following the receipt of the non-revised package — deliver a

negative opinion.

11. Within 10 working days following the date the package is considered as having

received a negative opinion by law in the case provided for by part 10 of this Law or

the receipt of a negative opinion, the authorised body shall notify the initiator thereof,

indicating the grounds for delivering a negative opinion.

12. In case of reconstruction or expansion or technical and technological

re-equipment or re-profiling or conservation or relocation or termination or closure

or demolition or design change of the proposed activity, when the implementation of

the expert examination is directly linked to the results of the initiated criminal

proceedings or of the inspections conducted by the inspection bodies, the time limit

for the expert examination shall be considered suspended. The authorised body shall

notify the initiator thereof in writing.

13. In case of elimination of the grounds provided for by part 12 of this Article, the process

of expert examination shall be resumed, of which the initiator shall be notified by the

authorised body in writing.

14. Following the process of expert examination, a state expert opinion shall be drawn up

based on the following:

(1) comprehensiveness of the reports and the compliance thereof with the

fundamental or design document;

(2) substantiation of the selection of the draft fundamental document or the

proposed activity, taking into account the alternative options;

(3) compliance with the requirements of the legislation of the Republic of Armenia;

(4) compliance with short-term, medium-term and long-term programmes

prescribed by the legislation of the Republic of Armenia;

(5) effectiveness of the environmental management plan, environmental impact

monitoring programme enshrined in the fundamental or design document;

(6) effectiveness, substantiation of notification of the participants of the process, of

ensuring public hearings and consideration of the opinions.

15. The time limits for the expert examination of the EIA shall be as follows:

(1) in case of category A of the proposed activity — up to 80 working days;

(2) in case of category B of the proposed activity — up to 40 working days.

16. In case of necessity to perform additional work or obtain other information to ensure

the completeness of the examination process, the authorised body may extend the

time limit for the process of expert examination for up to 30 working days, notifying

the initiator thereon indicating in the notification the additional work to be

performed or the necessary information to be obtained.

17. In case no state expert opinion is delivered within the time limits for the expert

examination of the EIA prescribed by this Article, the state expert opinion shall be

considered as positive, where the expert examination has been conducted in

compliance with all the requirements of this Law.

Article 18. EIA and expert examination of the reconstruction or expansion or

technical and technological re-equipment or re-profiling or

conservation or relocation or termination or closure or demolition or

design change of the types of the proposed activity

1. Prior to carrying out reconstruction or expansion or technical and technological re-

equipment or re-profiling or conservation or relocation or termination or closure or

demolition or design change of the types of the proposed activity listed in Article 12

of this Law, the initiator shall submit an application to the authorised body.

2. The application shall include the following:

(1) name of the initiator and place of residence (location) thereof;

(2) type of the proposed activity in accordance with Article 12 of this Law;

(3) description of the area subject to the proposed activity;

(4) characteristics of the proposed activity (production capacities, technical and

technological solutions);

(5) comparative analysis of the current situation and the planned changes;

(6) information or documents prescribed by the procedure provided for by point 5

of part 1 of Article 8 of this Law.

3. In case there are inaccuracies or deficiencies in the information contained in the

application prescribed by this Article or in case the state duty is not paid, it shall —

within 10 working days following the receipt of the application — be returned to the

initiator with a letter for the purpose of revision, indicating the reasons for the return.

4. The authorised body shall, within 15 working days from the day of receiving the

application prescribed by part 1 of this Article, and in the case prescribed by part 3 of

this Article — within 15 working days following the receipt of the revised application,

inform the initiator in writing of the following:

(1) the fact that reconstruction or expansion or technical or technological re-

equipment or re-profiling or conservation or relocation or termination or

closure or demolition or design change of the types of the proposed activity is

subject to EIA and expert examination, in case of which the EIA and expert

examination shall be carried out in the manner provided for by this Law, or

(2) the fact that reconstruction or expansion or technical or technological

re-equipment or re-profiling or conservation or relocation or termination or

closure or demolition or design change of the proposed activity is not subject to

EIA and expert examination.

Article 19. State expert opinion

1. The state expert opinion shall consist of the following introductory, descriptive,

substantiative and conclusive parts:

(1) the introductory part shall include brief information about the initiator, the

draft fundamental document or the activity proposed by design documents;

(2) the descriptive part shall include the description of the potential harmful impact

on the environment, measures envisaged by the environmental management

plan and the monitoring programme;

(3) the substantiative part shall include summary analysis of the data prescribed by

part 14 of Article 17 of this Law, substantiated conclusions on the provisions of

the draft fundamental document or the proposed activity;

(4) the conclusive part shall include a conclusion whether the state expert opinion

is positive or negative.

2. The positive state expert opinion may contain mandatory requirements, conditions

aimed at the environmental protection, for which time limits shall be established. In

case of failure to implement the requirements or conditions within the time limits

prescribed, the opinion shall be declared ineffective through the procedure prescribed

by point 1 of part 1 of Article 20 of this Law.

3. In case a time limit is indicated in the draft fundamental document or in the document

of the activity proposed by the design document, the positive state expert opinion

shall be delivered for the given time limit, unless other time limit is prescribed in the

opinion with a substantiated reasoning. In case no time limit is indicated in the draft

fundamental document or in the document of the activity proposed by the design

document, the positive expert opinion shall be delivered for the time limit of

maximum 25 years.

4. While drawing up positive or negative state expert opinions, the suggestions,

comments, opinions submitted by participants of the process, as well as results of

public hearings shall be taken into account. In case of not accepting the opinions of

the participants of the process, the authorised body shall give valid reasonings. The

state expert opinion shall be approved by the head of the authorised body or the

person authorised by him or her.

5. The state expert opinion shall be provided to the initiator within two working days and be

posted on the official website of the authorised body within seven working days.

6. Without a positive state expert opinion the adoption of the fundamental document or

the carrying out of the proposed activity shall be prohibited.

7. The technical errors in the state expert opinion, in case they do not affect the content

of the state expert opinion, shall be corrected by the authorised body by means of

corrections which shall make an integral part of the expert opinion and shall be

additionally presented to the initiator.

8. The state expert opinion may be appealed as prescribed by the legislation of the

Republic of Armenia.

Article 20. Declaring state expert opinion ineffective

1. The positive state expert opinion shall be declared ineffective, where:

(1) the initiator fails to eliminate the recorded violations within a one-month

period after being subjected to liability for the offence prescribed by part 3 of

Article 94.1 of the Code on Administrative Offences of the Republic of Armenia,

and whereon the inspection body exercising oversight in the environmental

sector files a motion to the authorised body to declare the positive state expert

opinion ineffective;

(2) a legislative act prescribing a requirement to declare the state expert opinions

ineffective has come into force;

(3) a new environmental factor has emerged after delivering the state expert

opinion, which did not exist at the time of the issuance of the state expert

opinion and in the presence of which the continuation of the activity will

contradict the international treaties of the Republic of Armenia, laws or

secondary regulatory legal acts of the Republic of Armenia, or the existence of

which at the time of issuing the state expert opinion would serve as a ground for

issuing a negative expert opinion;

(4) false documents (information and data) have been submitted by the package of

documents submitted for expert examination and the positive state expert

opinion does not comply with the legislation of the Republic of Armenia and

where the recorded incompliances — in case of being known prior to the

issuance of the opinion — would serve as a ground for issuing a negative expert

opinion.

2. In case of failure to launch the implementation of the activities proposed by the

fundamental or design documents within two years after the receipt of the positive state

expert opinion, the positive state expert opinion shall be declared as ineffective.

3. The initiator may appeal the decision on declaring the state expert opinion ineffective

adopted by the authorised body as prescribed by the legislation of the Republic of

Armenia.

CHAPTER 5

PROCESSES OF SEA AND EXPERT EXAMINATION, REQUIREMENTS THEREFOR,

TYPES OF FUNDAMENTAL DOCUMENTS SUBJECT TO STRATEGIC

ENVIRONMENTAL ASSESSMENT AND EXPERT EXAMINATION

Article 21. Types of fundamental documents subject to SEA

1. The draft fundamental documents related to the fields of social and economic

development, energy, urban development, transport, communication, agriculture,

tourism, territorial development, subsurface use, industries, recreation, forestry, fish

farming, waste use, water economy — which contain grounds for carrying out the

activities provided for by Article 12 of this Law or of the projects prescribed by

Annexes 1 and 2 of the Protocol on Strategic Environmental Assessment to

Convention "On Environmental Impact Assessment in a Trans-boundary Context" —

shall be subject to SEA. The fundamental document’s criteria for potential impact on

the environment shall be established through the procedure for SEA.

2. All the draft fundamental documents and amendments made thereto, which will have

a potential impact on the specially protected natural areas and forest areas, historical

and cultural monuments, shall be subject to SEA. The fact of being subject to SEA and

expert examination shall be determined by the authorised body based on the results

of joint consultations with the initiator.

3. The fact that the projects related to the amendments made to the fundamental

documents or small area planning are subject to SEA and expert examination shall be

determined by the authorised body, as a result of joint consultations with the initiator.

4. Draft fundamental documents related to state security and emergency situations shall

not be subject to SEA and expert examination.

Article 22. SEA

1. The SEA and expert examination of the draft fundamental document shall be carried

out prior to the adoption of the fundamental document.

2. Phases of carrying out SEA shall be as follows:

(1) determining scope of the SEA;

(2) drawing up a SEA report;

(3) taking into account the results of the SEA in the fundamental document.

3. The initiator shall:

(1) in the phases provided for by part 2 of this Article, apply to the authorised body

and the authorised body in the field of healthcare management for consultation,

taking into account, where necessary, the field of the fundamental document,

apply also to the authorised state bodies for management in the fields listed in

part 1 of Article 21 of this Law and to local self-government bodies;

(2) involve the public concerned as prescribed by Chapter 7 of this Law, and, where

necessary, make transboundary notification and conduct discussions as

prescribed by Chapter 6 of this Law.

Article 23. Expert examination of the SEA report

1. The expert examination of the SEA report shall be carried out within up to 80 working

days from the day of submitting the SEA report, with the accompanying letter, to the

authorised body (except for fundamental documents having a transboundary impact),

based on which the authorised body shall provide the initiator with an expert opinion.

2. The state expert opinion on the SEA report shall be provided in accordance with

Article 19 of this Law.

CHAPTER 6

ASSESSMENT OF DRAFT FUNDAMENTAL DOCUMENT OR

PROPOSED ACTIVITY HAVING TRANSBOUNDARY IMPACT

Article 24. General requirements for impact assessment of draft fundamental

document or proposed activity having a transboundary impact

1. Where the implementation of the fundamental document or carrying out of the

proposed activity in the territory of the Republic of Armenia, as well as the

implementation of the fundamental document or carrying out of the proposed activity

in the territory of other states may have a transboundary impact, the EIA and the

expert examination shall be carried out in accordance with the requirements of the

Convention on Environmental Impact Assessment in a Transboundary Context, other

international treaties ratified by the Republic of Armenia, international rules of

healthcare and this Law.

2. The state expert opinion on transboundary impact shall be signed by the head of the

authorised body and approved by the Government.

3. For the purpose of ensuring comprehensiveness of the procedures for impact

assessment of the draft fundamental document or the proposed activity having

transboundary impact and summarising the results of the assessment, the authorised

body may — with an appropriate substantiation — extend the time limits prescribed

by this Law.

Article 25. Assessment of the transboundary impact of the draft fundamental

document or proposed activity in the Republic of Armenia

1. Where the potential transboundary impact is revealed during the assessment, the

authorised body, together with the initiator, shall be obliged to ensure the

requirements prescribed by this Article.

2. Where any activity prescribed by Annex 1 to the Convention on Environmental

Impact Assessment in a Transboundary Context or any fundamental document

prescribed by Article 21 may have a significant adverse transboundary environmental

impact in the territory of the Republic of Armenia, the authorised body shall notify

the relevant state authorised body of the affected state thereon as prescribed by this

Law and other legal acts.

3. The notification shall contain the following information, unless otherwise provided

for by a relevant international treaty of the Republic of Armenia:

(1) draft fundamental document and SEA report, information on the proposed activity,

including any information on potential transboundary impact thereof;

(2) the nature of possible decisions adopted with regard to the draft fundamental

document or the proposed activity;

(3) the procedures and time limits for expert examination;

(4) the time limits for response of the given state with regard to its intention to

participate in the process of transboundary impact assessment. The authorised

body shall support the process of preparation of notification and inquiry by the

initiator.

4. The time limit for the affected state to respond whether it intends to participate in the

process of transboundary impact assessment may not exceed 45 working days

following receipt of the notification, unless another time limit is provided for by the

international treaties of the Republic of Armenia.

5. Where the state, which has received a notification, has officially refused to participate in

the process of transboundary impact assessment or has failed to respond about its

intention to participate within the time limit prescribed, the expert examination shall be

carried out through the procedure prescribed by this Law.

6. After receiving an official letter on intention to participate in the process of

transboundary impact assessment from the country having received the notification,

the authorised body shall — as prescribed by the legislation of the Republic of

Armenia — submit to the affected state the documents necessary for impact

assessment, mentioning the time limits for submitting the opinion with regard

thereto, which shall not exceed 60 working days following the receipt of the

documents, unless other time limits are provided for by the international treaties of

the Republic of Armenia.

7. The authorised body and the initiator shall support the relevant authorised body of

the affected state in dissemination of information on the draft fundamental document

or the proposed activity among the relevant bodies and the public concerned of the

territories of the given country most likely to be affected by the potential impact.

8. The authorised body and the initiator shall — with the relevant authorised body of

the state likely to be affected by the potential impact — coordinate the format and

the procedure for consultations with regard to the draft fundamental document or the

proposed activity having a potential transboundary impact, the means of prevention

or reduction of the impact and shall support in carrying out such consultations.

9. The initiator shall ensure the translation of the opinions and other necessary materials

received from the affected state.

Article 26. Process of transboundary impact assessment of draft fundamental

document or proposed activity of another state on the environment

of the Republic of Armenia

1. Where notification is received in the Republic of Armenia regarding a draft

fundamental document or a proposed activity that may have a potential

transboundary impact on the Republic of Armenia, and the receiver is not the

authorised body, the notification shall be sent to the authorised body within 10

working days after its receipt.

2. The authorised body shall — as prescribed by legislation of the Republic of Armenia

— notify the relevant authorised body of the state of origin about the receipt of the

notification and its intention to participate or not to participate in the process of

transboundary impact assessment within the time limits and in the manner referred

to in the notification.

3. Where there are no fixed time limits stipulated in the notification for a response, the

authorised body shall respond to the notifying country within 10 working days after

the date of receipt of the notification.

4. The authorised body shall ensure discussion of the notification guided by the

requirements of this Law, unless otherwise provided for by bilateral or multilateral

international treaties of the Republic of Armenia.

5. Where the authorised body has made a decision to participate in the transboundary

process, the EIA shall be carried out as prescribed by this Law, taking into

consideration the requirements of the international treaties of the Republic of

Armenia, at the same time informing the authorised body of the state of origin about

the requirements of this Law, including provision of the necessary funding thereby

for EIA, translation of the documents, ensuring participation of the public concerned

and other costs required by this Law.

6. The authorised body shall coordinate the volume and content of the necessary

documents, the format and procedure for consultations with regard to the draft

fundamental document or proposed activity having a potential transboundary impact,

the means for prevention or reduction of the impact with the relevant authorised

body of the state of origin.

7. Unless otherwise provided for by the bilateral or multilateral international treaties of

the Republic of Armenia or part 4 of this Article, the authorised body, after receiving

the documents, shall ensure the study and consideration of the documents as

prescribed by this Law and other legal acts, and shall send the state expert opinion

approved by the Government to the notifying country.

8. Where the authorised body has been informed about a draft fundamental document

or a proposed activity on the territory of another country that might have

transboundary impact on the environment of the Republic of Armenia, and where no

notification has been received from the given country, the authorised body, giving

prior notice thereon to the Government of the Republic of Armenia, shall — as

prescribed by the legislation of the Republic of Armenia — request the relevant

authorised body of the given country to provide a notification on the process of

transboundary impact assessment of the draft fundamental document or the proposed

activity.

Article 27. International co-operation in transboundary impact sphere

1. For the purpose of fulfilling the obligations assumed by the Republic of Armenia

under the Convention on Environmental Impact Assessment in a Transboundary

Context, the Republic of Armenia may sign bilateral or multilateral international

treaties or acquire other agreements.

2. For the purpose of increasing the effectiveness of the management of transboundary

impact assessment, the Republic of Armenia may, together with other countries,

create temporary or permanent acting bodies, the procedure of activity whereof shall

be defined by relevant bilateral treaties or other written agreements.

CHAPTER 7

NOTIFICATION OF THE PUBLIC CONCERNED, HOLDING PUBLIC HEARINGS AND

REQUIREMENTS THEREFOR

Article 28. Notification of the public concerned and holding public hearings

1. The public concerned shall have the right to participate in the processes of EIA, SEA

and expert examination.

2. The authorised body, territorial administration bodies, local self-government bodies

and the initiator shall — through the procedure prescribed by point 7 of part 1 of

Article 8 of this Law, for the purpose of ensuring the participation of the public

concerned in the processes of EIA, SEA and expert examination — carry out the

following:

(1) dissemination of information on the right to initiate and participate in the

processes of EIA, SEA and expert examination;

(2) ensure accessibility of the documents on EIA, SEA and expert examination and

other information;

(3) create conditions for participation of the public concerned in the hearings,

inform the public concerned about the draft fundamental document or the

proposed activity, the expert examination process through official websites and

other means of dissemination of information (press, other mass media,

signboards of local self-government bodies, buildings of public significance).

3. The first public hearing shall be held in the phase of delivering a preliminary

agreement by the local self-government bodies prescribed by Article 16 of this Law,

and the second one — during the expert examination prescribed by Article 17 of this

Law. Prior to the public hearings, the notification of the public hearings shall be

ensured through the procedure prescribed.

4. The content of the SEA notification of public hearings shall include the following:

(1) name of the initiator;

(2) name of the draft fundamental document;

(3) summary description;

(4) information on the provisions of the draft fundamental document;

(5) time limits and venue for holding public hearings;

(6) place of receiving information and time limits for submitting suggestions.

5. The content of the EIA notification of public hearings shall include the following:

(1) name of the initiator;

(2) type of the proposed activity;

(3) place of carrying out and brief description of the proposed activity;

(4) time limits for holding public hearings and address thereof;

(5) opportunity to get acquainted with the documents and receive information, the

address intended for submitting suggestions.

6. The notification on public hearings shall be published in other mass media with a

circulation of at least three thousand, posted on the announcement board of the

residence of the marzpetaran or the local self-government bodies of the affected

community and the administrative head of the settlement or of buildings of public

significance (buildings of culture, art, of scientific and educational significance),

published on the official websites of the local self-government bodies of the affected

community and the initiator (where available). During the expert examination, the

notification shall also be posted on the official website of the authorised body.

7. The public hearings during the expert examination shall be held not earlier than on

the 15th day following the notification.

Article 29. Holding public hearings and submitting suggestions

1. During the EIA, SEA and exert examination, including public hearings, the public

concerned shall, within the time limits prescribed by this Law, have the right to submit any

written and verbal suggestion, comment and opinion to the authorised body and the

initiator without substantiating the reasons underlying them.

2. The authorised body, the initiator shall be obliged to discuss all the suggestions,

comments and opinions submitted by the public concerned and take into account the

results of the participation of the public concerned and reasonable suggestions,

comments and opinions while drawing up the EIA, SEA reports, expert examination.

3. The public concerned may submit written — and during public hearings also verbal

— suggestions, comments and opinions to the initiator, local self-government bodies, and

during the expert examination — also to the authorised body.

4. The written or electronic suggestions, comments and opinions of the public

concerned shall be submitted:

(1) in the case prescribed by part 2 of Article 16 of this Law — within 20 working

days after the notification;

(2) during the expert examination, in case of the draft fundamental document and

types of the activity of category A — within 25 working days after the

notification;

(3) during the expert examination, in case of the types of the activity of category B

— within 20 working days after the notification.

5. During the hearings in the course of the expert examination, the initiator shall submit

SEA or EIA reports.

6. The initiator and the authorised body must take into account the comments and

suggestions submitted during the hearings. In case of not taking them into account,

substantiated reasonings shall be given.

7. The results of public hearings shall be reflected in relevant reports and state expert

opinion.

8. Where the documents relating to the proposed activity and the EIA report contain

information that is not subject to publication provided for by laws of the Republic of

Armenia, the initiator shall remove this information from the report, making the

public part thereof available to the public concerned.

CHAPTER 8

RIGHTS AND OBLIGATIONS OF INITIATOR IN EIA AND

EXPERT EXAMINATION PROCESSES

Article 30. Rights and obligations of initiators in the processes of EIA, expert

examination and carrying out of proposed activity

1. In the assessment and expert examination processes the initiator shall be entitled to:

(1) receive from the authorised body information about the assessment and expert

examination process;

(2) receive from the public and local self-government bodies the effective

fundamental documents related to the territory, as well as other information

necessary for carrying out EIA;

(3) appeal — as prescribed by law — the state expert examination opinion and the

decision adopted by the authorised body declaring it ineffective;

(4) exercise other rights prescribed by this Law.

2. The initiator shall be obliged to:

(1) follow the requirements prescribed by this Law;

(2) provide the documents and information prescribed by this Law to the authorised

body;

(3) ensure the completeness, authenticity and substantiation of the materials to be

submitted;

(4) participate in the notification of the public concerned and public hearings;

(5) provide the public hearing holders with the relevant materials and documents;

(6) adopt or submit for approval the fundamental document and carry out proposed

activity only in case of a positive state expert opinion;

(7) fulfil and not to violate the requirements and conditions of the state expert

opinion, not to deviate from them and to carry out the proposed activity in

accordance with the design documents and EIA report that have received a

positive state expert opinion;

(8) carry out expansion or reconstruction or technical or technological re-

equipment or re-profiling or conservation or relocation or termination or

closure or demolition or design change of the types of the proposed activity in

case of notification prescribed by point 2 of part 4 of Article 18 of this Law or

existence of a positive state expert opinion.

CHAPTER 9

INVOLVEMENT OF AN EXPERT IN EXPERT EXAMINATION PROCESS,

RIGHTS AND OBLIGATIONS THEREOF

Article 31. Requirements for involvement of experts in expert examination

process

1. The authorised body may involve relevant expert (that is a natural or legal person) in

the expert examination process.

2. The legal person may be [act as] an expert where its statutory functions correlate with the

object that is subject to expert examination. Employees of a legal person — acting as an

expert — involved in the expert examination process must meet the requirements

prescribed by part 3 of this Article.

3. The natural person may be [act as] an expert who has a professional higher education

related to the object that is subject to expert examination and has at least 10 years of

professional work experience in the relevant sphere, of which five years of experience

— in the course of the last eight years.

4. The involvement of the experts in the expert examination process shall be carried out

on contractual basis as prescribed by the legislation.

5. The contract shall define the rights and obligations of the parties, the content, scope

and time limits of the activities of experts, the procedure and the amount of

remuneration and other terms and conditions upon the agreement of the parties not

contradicting the legislation of the Republic of Armenia.

6. The persons who have participated in the drafting of the given draft fundamental

document or the design document of the proposed activity or in the impact assessment

process thereof may not — as experts — be involved in the expert examination

process.

Article 32. Rights and obligations of experts in expert examination process

1. The expert involved in the expert examination process shall be entitled to:

(1) receive from the authorised body all documents submitted for expert

examination;

(2) receive from the authorised body and public and local self-government bodies

all the materials related to the documents subject to expert examination;

(3) participate in the discussion of the professional opinion rendered by him or her

and of the draft state expert opinions;

(4) participate in public hearings on the documents being examined by him or her.

2. The expert involved in the expert examination process shall be obliged to:

(1) provide an impartial, independent, objective and substantiated professional

opinion to the questions presented to him or her;

(2) carry out expert examination of the draft fundamental document or the

proposed activity in accordance with the requirements of this Law and other

legal acts;

(3) maintain the confidentiality of the information comprising a secret as prescribed

by law;

(4) ensure implementation of the contractual requirements.

CHAPTER 10

FEES AND FINANCING OF ENVIRONMENTAL IMPACT EXPERT

EXAMINATION PROCESS

Article 33. Fees of expert examination process

1. A state duty shall be paid in the manner and in the amount prescribed by the Law "On

state duty" for carrying out the expert examination process or for consideration of the

application prescribed by Article 18 of this Law.

Article 34. Financing of expert examination process

1. The costs related to the expert examination process, prescribed by this Law, carried

out by the authorised body and local self-government bodies shall be financed by

means of the State Budget of the Republic of Armenia.

CHAPTER 11

LIABILITY AND OVERSIGHT OVER EXECUTION OF THIS LAW IN EXPERT

EXAMINATION PROCESS

Article 35. Liability in expert examination process

1. Violation of the requirements of this Law shall entail liability through the procedure

prescribed by law.

Article 36. Oversight over execution of this Law

1. The oversight over the compliance with the requirements prescribed by this Law with

respect to the implemented activity requiring an expert opinion, including over the

design documents having received a positive state expert opinion, the requirements

and conditions of EIA report, the implementation thereof within the time limits

prescribed, the requirements and conditions of the positive state expert opinion, the

implementation thereof within the time limits prescribed and over the activity not

having been issued a positive state expert opinion shall be carried out by the

inspection body carrying out oversight in the field of environmental protection.

CHAPTER 12

FINAL PART AND TRANSITIONAL PROVISIONS

Article 37. Final part and transitional provisions

1. The relations with regard to expert examination process having been launched and

pending prior to entry into force of this Law shall be regulated by legal acts effective

at the moment of launching the expert examination process.

2. The legal acts prescribed by points 1, 2, 5, 9 and 11 of part 1 of Article 8 of this Law shall be

adopted within six months following the entry into force of this Law, the one prescribed

by point 8 of part 1 of Article 8 — by 31 December 2024, and those prescribed by points 4

and 10 of part 1 of Article 8 — by 31 December 2025.

3. The amendments and supplements to the regulations prescribed by points 3 and 7 of

part 1 of Article 8 of this Law shall be adopted within six months following the entry

into force of this Law.

4. Points 1, 2, 3, 4, 5, 7, 9 and 10 of part 1 of Article 8 of this Law shall become effective

from the moment of the entry into force of the secondary regulatory legal acts referred

to in parts 2 and 3 of this Article. Until that time, the relevant provisions of Law No

HO-110-N of 21 June 2014 "On environmental impact assessment and expert

examination" shall continue to apply.

5. Part 2 of Article 20 of this Law shall extend to the positive state expert opinions issued

in 2022 and 2023 or the positive state expert opinions issued on the basis of the

application submitted within the same time limit for the proposed activity.".

Article 2. This Law shall enter into force on the tenth day following the day of the official

promulgation.

President of the Republic V. Khachaturyan

29 May 2023

Yerevan

HO-150-Ն

Date of official promulgation: 30 May 2023

UNECE and partners kick off major project on energy efficiency and carbon footprint of building industry in seven countries

Read more about UNECE and partners kick off major project on energy efficiency and carbon footprint of building industry in seven countries

UNECE and partners have started implementation of a multi-year project on “Improving the energy efficiency of the global building supply chain industry and its products to deliver high performance buildings” (full project budget EUR 19.8 million), funded by the International Climate Initiative (IKI) Germany.

Wed, 05/07/2023 - 12:00

Provisional agenda

Read more about Provisional agenda

Concept note and tentative timeline of the IKI inception workshop (30 June 2023, Yerevan).

Languages and translations

English

Preparation phase of the project

Improving the energy efficiency of the global building supply chain industry and its products

to deliver high performance buildings

Inception Workshop 30 June 2023, 09:00-16:00 (Yerevan time) [07:00-14:00 (CEST)]

Yerevan, Armenia

Workshop Co-organizers United Nations Economic Commission for Europe (UNECE) United Nations Development Programme (UNDP) Office in Armenia

Beneficiary countries Armenia, Georgia, Kyrgyzstan, Republic of Moldova, Tajikistan, Ukraine, and Uzbekistan

Background The project “Improving the energy efficiency of the global building supply chain industry and its products to deliver high performance buildings” supported by the International Climate Initiative (IKI) Germany, aims to develop a strong foundation of proven best practice methods and focused technical capacity that beneficiary countries can build upon to improve building energy performance and reduce embodied carbon and energy to support their development and achievement of enhanced Nationally Determined Contributions (NDC) targets. Emphasizing scalability and replication, the project will focus specifically on improving the effectiveness of the building sector supply chain to improve the complete lifecycle performance of buildings. By focusing on the building sector supply chain, the project will address the embodied energy and carbon of buildings and ensure that buildings’ operational components are designed and installed to operate optimally. A core element of the project will be to engage actively with the beneficiary countries to develop their relevant public and private sector capacities to ensure the long-term replication and upscaling of the project activities. This multi-year project implies a six-month preparation phase, the objective of which is to develop a complete project document with accompanying materials that outlines concrete, result-oriented activities of all stakeholders, takes account of national circumstances of the beneficiary countries, and responds to their needs in an effective manner while remaining consistent in terms of common outputs and outcomes, and ensures alignment across the board on the project log-frame. UNECE is the lead agency for implementation of the project and its preparation phase and is in charge of the overall coordination of implementation of the preparation phase across all activities and all Implementing Partners. The Implementing Partners for the preparation phase comprise UNDP offices in seven beneficiary countries, United Nations Economic and Social Commission for Asia and the Pacific (UNESCAP) and the United Nations Environment Programme (UNEP). The Implementing Partners for the full project additionally include UNEP-CCC (Climate Change Centre), Green Building Alliance (GBA), Institute for Energy Efficiency in Production (EEP), and Passive House Institute (PHI).

PROVISIONAL AGENDA

Time Agenda item Speaker

09:00- 09:30

Registration and coffee

Moderator: Mr. Oleg Dzioubinski Regional Adviser, UNECE

09:30- 09:45

Welcome and introductions Mr. Dario Liguti Director, Sustainable Energy Division, UNECE Dr. Lutz Morgenstern Head of Division, Strategic Issues of International Cooperation on Climate & Energy, Implementing Initiatives, Directorate International Climate Action and Energy Transition, Federal Ministry for Economic Affairs and Climate Action of Germany Ms. Natia Natsvlishvili UNDP Resident Representative in Armenia

09:45- 10:30

Introduction of the implementing partners Representatives of UNECE, UNDP Offices in beneficiary countries, UNESCAP, UNEP, UNEP- CCC, GBA, EEP, PHI

Introduction by representatives of the Governments from the project beneficiary countries

Representatives of the relevant authorities from the beneficiary countries

10:30- 11:00

Project Overview Presentation on the overall project background, goals, desired outcomes, and potential impact in the beneficiary countries

Mr. Igor Litvinyuk Programme Officer, Energy Efficiency, UNECE

Presentation on the objectives of the preparation phase, including timeline, milestones, and deliverables

Mr. Aleksandar Dukovski Mr. Matija Vajdic Project Consultants, UNECE

11:00- 11:30

Coffee break

11:30- 13:00

Current status (baseline situation) in each beneficiary country, problem statement, and rationale for the project intervention

National circumstances in the project beneficiary countries and assessment of the existing needs

Representatives of UNDP Offices in beneficiary countries (35 min)

Concrete, results-oriented activities Representatives of the beneficiary countries (35 min)

Country-tailored approaches to ensure an accurate framing of the overall project scope; wrap-up on the gap analysis and defining the project scope

Open discussion, all participants (20 min)

Time Agenda item Speaker

13:00- 14:00

Lunch break

Moderator: Mr. Igor Litvinyuk Programme Officer, Energy Efficiency, UNECE

14:00- 16:00

Project Management and Governance

Roles and responsibilities of each implementing partner, and clarification of expectations and commitments from the implementing partners

Representatives of UNECE, UNDP Offices in beneficiary countries, UNESCAP, UNEP, UNEP- CCC, GBA, EEP, PHI Representatives of IKI

Collaboration and Communication

Coordination among the partners, and overview of the management structure for effective collaboration

Mr. Oleg Dzioubinski Regional Adviser, UNECE Mr. Aleksandar Dukovski Project Consultant, UNECE

Communication channels for project updates and information sharing

Mr. Aleksandar Dukovski Mr. Matija Vajdic Project Consultants, UNECE

Progress reporting, coordination among project focal points and involved staff, monitoring mechanisms, external communications

Representatives of IKI All participants

Financial and Administrative Matters

Budget allocations and reporting requirements, risk management

Representatives of IKI and UNECE

Administration, procurement, and documentation

Representatives of IKI and UNECE

Accompanying Evaluation of the Project

Brief information on accompanying evaluation

Representatives of Syspons (evaluation company)

16:00- 17:00

Next Steps and Action Plan

Recap of the key discussion points and decisions made during the meeting: project scope, individual approaches, etc.

Mr. Aleksandar Dukovski Mr. Matija Vajdic Project Consultants, UNECE

Agreement on next steps and timeline for follow-up actions, including immediate actions and responsibilities

Closing and Final Remarks Mr. Dario Liguti Director, Sustainable Energy Division, UNECE

UNECE report shows how innovation can become cornerstone of Armenia’s sustainable development

Read more about UNECE report shows how innovation can become cornerstone of Armenia’s sustainable development

Despite geopolitical and economic instability since gaining independence, Armenia has become one of the regional leaders in innovation, especially, but not only, in the IT service sector. The past two decades alone have seen the creation of more than 1,000 start-ups providing a range of IT services and developing new, innovative products on their own. The sector grew from 1.2% of GDP in 2010 to 5.1% in 2020.

Wed, 07/06/2023 - 12:00

Armenia

Interim Sub-regional Innovation Policy Outlook 2022: Eastern Europe and the South Caucasus

Read more about Interim Sub-regional Innovation Policy Outlook 2022: Eastern Europe and the South Caucasus

The COVID-19 pandemic and the war in Ukraine have negatively affected economic development in UNECE member States, significantly disrupting international trade, investment and cooperation. Because of their geographical location and development stage, these shocks have hit especially hard in transition economies in Eastern Europe and the South Caucasus (EESC) – Armenia, Azerbaijan, Georgia, the Republic of Moldova and Ukraine.

Thu, 01/06/2023 - 12:00

Interim Sub-regional Innovation Policy Outlook 2022: Eastern Europe and the South Caucasus

Read more about Interim Sub-regional Innovation Policy Outlook 2022: Eastern Europe and the South Caucasus

Thu, 01/06/2023 - 12:00

Interim Sub-regional Innovation Policy Outlook 2022: Eastern Europe and the South Caucasus

Read more about Interim Sub-regional Innovation Policy Outlook 2022: Eastern Europe and the South Caucasus

Thu, 01/06/2023 - 12:00

Measuring the gender pay gap: methodology and key findings in brief, Armenia

Read more about Measuring the gender pay gap: methodology and key findings in brief, Armenia

Languages and translations

English

Geneva, 10-12 May, 2023

Lusine Kalantaryan Head of Labour Statistics Division

Gender Statistics Focal Point

ArmStat Ðì SA

GTG Meeting:

Women’s Economic Empowerment

Group

Measuring the Gender Pay Gap: Methodology and Key Findings in Brief

Armenia

Co-operation

 Technical assistance in measurement and analyzing the Adjusted GPG based on the

Labour Force Survey 2018 microdata.

 3-day training: Introduction of international practice on GPG, Adjusted GPG; STATA

statistical analysis software; replication of the adjusted GPG

 The report “Analysis of the Gender Pay Gap and Gender Inequality in the Labor Markets

of Armenia”.

▪ Knowledge gap

▪ Indicator gap

▪ Analysis gap

Ðì SA

Armenia2019

What is a Gender Pay Gap (GPG)

 The gender pay gap, abbreviated as GPG, refers to the difference in average wages between men and women for equal work.

EQUAL PAY FOR EQUAL WORK!

* The simple differences between average men's and women's wages, not accounting for their different endowments.

Measurement of GPG

• The size of GPG depends on WAYS and METHODS of measurement

Unit of measurement

Hourly or Monthly

Median or Mean wage

Source of data

Establishment-based survey

Household-based survey

Registers-based data

Type of GPG

Unadjusted / raw / uncontrolled*

Adjusted / Explained



Measurement of Gender Pay Gap

Monthly Mean (Unadjusted) GPG



An average employee WOMEN may not be identical to an average employee MEN

by level of education, work experience, etc.!

This is not accurate measure of GPG

ARMSTAT’s practice

https://armstat.am/file/article/gender_2021.pdf

We compare the APPLE with the ORANGE

When We Measure a Monthly GPG

Measurement of GPG

Unit of measurement

Hourly Mean GPG

Type of GPG

Adjusted / Explained GPG

2019

Source of data

Household-based survey

Methodology behind: ILO, Eurostat

Ðì SA

Key findings

Data for the future. Data are a key resource not just for decision-making now but for future modelling and problem solving…

-40 %

Unadjusted Monthly GPG

Transition from the Monthly to the Hourly GPG

How much less do women earn than men?

20182018

-23.1% Unadjusted Hourly GPG

The calculations were made using data from the Labour Force Survey

Where negative, males are exhibiting higher wages

than females.

c22% Male

Few Men employees work part-time

78%

8 in 10 part-time workers are Women

Female

Part-time employees*

Weaknesses of Monthly GPG: Characteristics

Source: LFS 2018

* Those who usually work < 35 hours per week.

Weaknesses of Monthly GPG: Personal & labour market characteristics

Overtime compen- sations

Worked days /

absences per month

Bonuses and

allowances

Type of employment

Contract

Formal vs. informal nature of job

Private vs. Public sector

Education

Work experience / length of

service in the company

Industry Occupation / Job title

Location (urban vs. rural)

Age

Management /supervisory position

Enterprise’s size class

Number of days / hours paid

Composition Factors impact on Monthly Earnings

So, many factors can explain the wage differentials.

Personal and labour-market characteristics of Women could be different than Men.

Do not relay too much on Monthly GPG

When We Measure an Hourly Adjusted GPG

We compare the APPLE with the APPLE

Average Hours Spent per Week, 2018

Source: LFS 2018

Employment (income generated)

Unpaid housework

32h 12h

Women spend more time than men UNPAID WORK at home

reducing their labour force participation and making them vulnerable to low income, even if they pursuing

higher education in greater numbers.

35h 42h

Women work fewer hours than men,

and such differences are spread among

ages, occupation and economic statuses.

Conclusion

-23.1%

Unadjusted Hourly GPG

-28.4%

Adjusted Hourly GPG

Transition from Unadjusted to the Adjusted Hourly GPG

How much less do women earn than men?

2018



Working women have better labour-market characteristics than men

The calculations were made using data from the Labour Force Survey

Adjusted for personal and labour-market characteristics

Gender Pay Gap, 2018

10%

Could not be explained!

Unadjusted GPG - 23.1%

Adjusted GPG - 28.4%

Personal characteristics only (age, education)

- 27.7%

Industry (Sector) only - 24.6%

Industry + Personal characteristics 26.7%

Occupation only 30.6%

Source: LFS 2018

Where negative, males are exhibiting higher wages than females.

Gender (Female =1)

24.4%

Industry

27.7%

Personal (age, education)

Adjusted for personal and labour-market characteristics

Gender Pay Gap, 2018

30.6%

Occupation

28.1%

Contract

10%

Could not be explained!

The GPG is a result of many factors, such as an occupational segregation, bias against working mothers etc. Consequently, different groups of women experience very different gaps.

Unadjusted (raw) vs. Adjusted

Gender Pay Gap, 2018

Source: LFS 2018

Raw GPG Adjusted

by Education

Vocational -51.1% -16.3%

Upper secondary -30.2% -15.3%

by Industry

Agriculture -23.1% -14.9%

Construction -22.1% -4.2%

by Occupation

Managers -24.1% 53.9%

Professionals -28.0% 50.6%

Clerical support workers -28.3% 19.6%

Be careful when using data

All

28.4%

Because of the Gender Pay Gap WOMEN has less money for the ”rainy days” today and tomorrow

GPG Armenia - 2018

https://www.armstat.am/en/?nid=82&id=2281

Ðì SA

https://www.armstat.am/en/?nid=82&id=2281

Source: OECD data

Globally, how deep is the gap?

The highest GPG in the OECD countries was recorded in Korea (34.1%) and the lowest - in Bulgaria (1.3 %).

Among OECD countries Luxembourg is the only country where Men earn less than Women (-3.1%).

LFS

23|

Open-source database

http://www.armstat.am/en/

Data dissemination

Don't miss the opportunity to visit the ArmStat webpage http://www.armstat.am/en, https://armstat.am/file/article/gender_2022_n.pdf, gain valuable knowledge on socio-economic and gender profile of Armenia, as well.

http://www.armstat.am/en

https://armstat.am/file/article/gender_2022_n.pdf

https://worldbankgroup.zoom.us/rec/share/YLdPh6glkDzESyVK_5RdLXFhFQLjNTNIeiJQH4KYmuIT6eLyUlFb2BxF8qfA846e.bKR_7 n9pawCc6AJj?startTime=1664884966000 .Q/A

www.аrmstat.am

[email protected]

Republic Ave Government Building 3 Yerevan 0010

+374 11 58 78 29

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Using non-traditional data sources for nowcasting CPI in Central Bank of Armenia

Read more about Using non-traditional data sources for nowcasting CPI in Central Bank of Armenia

Using non traditional data sources for nowcasting CPI in Central Bank of Armenia

Motivation
Goals
Web scraping
Data and methodology
Results
Further contributions

Languages and translations

English

USING NON-TRADITIONAL DATA SOURCES FOR NOWCASTING CPI IN CENTRAL BANK OF ARMENIA MEETING OF THE GROUP OF EXPERTS ON NATIONAL ACCOUNTS – 25-27 APRIL 2023, GENEVA, SWITZERLAND

Tigran Baghdasaryan Head of Real Sector

Statistics Division

Central Bank of Armenia

Gor Lazyan Head of Monetary and Financial

Statistics Division

Central Bank of Armenia

[email protected]

OUTLINE

 Motivation

 Goals

 Web scraping

 Data and methodology

 Results

 Further contributions

2Geneva - April 2023

MOTIVATION

Non Traditional

data sources-

Nowcasting

Delayed publications

Technological progress

COVID-19

Geneva - April 2023

MOTIVATION (continuation)

Non-Traditional Data Sources - Nowcasting

Inflation Real estate market

Economic Activity Labor market

Geneva - April 2023 4

GOALS

Short-term Long-term

Flash estimates of CPI Replacement of on-site monitoring

More accurate estimation of price dynamics

Geneva - April 2023

WEB-SCRAPING

Advantages Enhanced representativeness in time

Faster identification of new and disappearing products

Requires less resources

Reduced respondent burden

Supplemental to official statistics

Check the accuracy of official statistics

Drawbacks Programming skills

Regular IT maintenance

Technical issues on websites

Limited retail stores

Lack of appropriate description

The process of collecting data from web through a computer software

Geneva - April 2023

DATA AND METHODOLOGY

1st day of month • 1st observation

10th day of month • 2nd observation

20th day of month • 3rd observation

3rd day of next month • CPI release

The timeline of price monitoring of the Statistical Committee of RA

Geneva - April 2023

DATA AND METHODOLOGY (continuation)

The structure of consumer basket of the Statistical Committee of RA

42%

23%

35% Food

Non-food

Services

425 goods and services

volatility of CPI is mainly due to food products (in particular fruits and vegetables)

Geneva - April 2023

DATA AND METHODOLOGY (continuation)

from 2016 daily 4 major online stores

129,000 items

53 productsaligned with product descriptions of SCRA

22 product groups

35.8% of CPI basket

> 20mln observations R

Data from online stores

Geneva - April 2023

DATA AND METHODOLOGY (continuation)

Product name filters and product selection

Missing values

Outlier detection

Calculation of indices

Aggregation

Data from online stores

Geneva - April 2023

RESULTS

-3.00

-2.00

-1.00

0.00

1.00

2.00

3.00

4.00 online_22 official_22 CPI Corr. = 0.92 Corr. = 0.91

Geneva - April 2023

RESULTS (continuation)

y = 1.24x + 0.15 R² = 0.82

-3.00

-2.00

-1.00

0.00

1.00

2.00

3.00

4.00

-2.00 -1.50 -1.00 -0.50 0.00 0.50 1.00 1.50 2.00 2.50 3.00N O

W C

A ST

CPI

Geneva - April 2023

10%

20%

30%

40%

50%

60%

< 0.61 0.61 - 0.72 0.72 - 0.82 0.82 - 0.93 > 0.93

Fr eq

ue nc

Correlation coefficient

Count Mean

Median Min Max

SD Kurtosis

Skewness

22.0 0.83 0.85 0.56 0.97 0.10 1.11 -1.26

RESULTS (continuation)

Distribution of correlation coefficients

Geneva - April 2023

5% 9%

22%

55%

RESULTS (continuation)

0.05

0.14

0.36

0.91

1.00

< 0.61 0.61 - 0.72 0.72 - 0.82 0.82 - 0.93 > 0.93

Fr eq

ue nc

Correlation coefficient

Geneva - April 2023

RESULTS (continuation)

-35 -30 -25 -20 -15 -10 -5 0 5

10 15 20 Fresh or chilled fruit, correl. = 0.79official online

-40 -30 -20 -10

0 10 20 30 40 50 60 Fresh or chilled vegetables, correl. = 0.96official online

-25 -20 -15 -10 -5 0 5

10 15 20 25 30 Eggs, correl. = 0.91official online

-2

-1

5 Rice, correl. = 0.84official online

Geneva - April 2023

RESULTS (continuation) – since 2021

16Geneva - April 2023

-2.00

-1.50

-1.00

-0.50

0.00

0.50

1.00

1.50

2.00

2.50

3.00

Jan-21 Feb-21 Mar-21 Apr-21 May-21 Jun-21 Jul-21 Aug-21 Sep-21 Oct-21 Nov-21 Dec-21 Jan-22 Feb-22 Mar-22 Apr-22 May-22 Jun-22 Jul-22 Aug-22 Sep-22 Oct-22 Nov-22 Dec-22

online_22 online_22_whole_period official_22 CPI Corr. = 0.92 Corr. = 0.80 Corr. = 0.97

FURTHER CONTRIBUTIONS

Further contributions

Implement a machine learning techniques

and NLP to automate the product

classification and selection process.

Using machine learning techniques for nowcasting CPI with web scraped

prices

Expand the scope of product categories and include some

significant services as well

Incorporate other nontraditional sources like scanner data into

our nowcasting project.

Geneva - April 2023

THANK YOU!

Using non-traditional data sources for Nowcasting CPI in Central Bank of Armenia
OUTLINE
Motivation
Motivation (continuation)
Goals
Web-scraping
data and methodology
data and methodology (continuation)
data and methodology (continuation)
data and methodology (continuation)
Results
Results (continuation)
Results (continuation)
Results (continuation)
Results (continuation)
Results (continuation) – since 2021
Further contributions
Slide Number 18

Impact of high migration on compilation of external accounts statistics, Armenia

Read more about Impact of high migration on compilation of external accounts statistics, Armenia

Languages and translations

English

Impact of high migration on compilation of external accounts

statistics

Anush Davtyan

External Sector Statistics Division

Central Bank of Armenia

Geneva, UNECE April 25-27, 2023

Contents

External accounts compilation

Current issues and challenges

Method of estimations implemented

Available data sources and main assumptions

Results, data

Future challenges and plans

 The Central bank of Armenia is responsible by law to compile ESS

Methodology is fully consistent with BPM6

 The responsibility for data collection from non-bank private sector remains with National Statistical Service (ArmStat).

 The Central bank of Armenia is collecting information only from financial sector and other financial institutions․

 Administrative data sources and frequent surveys are also used by CBA

 CBA is free to make corrections and estimations based on all available data and expertise

Compilation of External accounts in Armenia

Travel account of BOP

The Travel account statistics is compiled by ArmStat based on survey conducted in 2013, some revision is made in 2018.

A new extensive international visitors survey for the year 2023 is presently underway.

Travel statistics is calculated based on number of tourists and average spending: – Average spending by a tourist is based on survey data. Furthermore, the

ratios for various objectives of tourism are used to compile the BOP Travel supplementary accounts.

– To calculate the number of tourists, an IT support system was created. This system utilizes specific criteria to convert border crossing data into tourism statistics: • length of stay in the country < 365 days • no tax payment in the economy of stay • no refugee status

Current issues and challenges Need for extra calculations/ estimations

Since February 2022, the conflict between Russia and Ukraine has resulted in the arrival of numerous foreign citizens to Armenia. Up to 50 thousands of foreign settlers have chosen to stay in Armenia. • no need for visa

• ability to stay and work up to 6 month

• tax privilege for IT sector, 49% growth in IT sector for 2022

• easy and fast procedure of enterprise registration

• liberalized financial system

• absence of language obstacles

• familiar culture

An almost equal number of Armenians of descent have also returned to their homeland, in addition to the foreign nationals.

Country specific issues

 After residing in Armenia for a period of 6 months, citizens of the EAEU are required to depart from the country, but they are permitted to immediately re-enter and stay for an additional 6 months.

 Individuals who are employed by an employer registered in RA or have registered a sole proprietorship, along with their family members, are considered exceptions.

 If residency determination is based solely on passport data, it can become complicated for many Armenians who hold dual citizenship

 The classification of a traveler as an inbound tourist is only done when they are leaving Armenia.

Revision of “classic” tourists’ expenses Data sources available

Data from National Card Operator (ArCa) on the payments in Armenia using payment cards issued abroad broken down by Merchant Category Code (MCC)

Currently used valuation indexed with CPI and ExRate

Corrections for payments in cash

Estimation of average expense

“Classic” Tourists Groups of expenses, USD Q1 Q2 Q3 Q4

Car rental 69 106 125 82

Cash 66 69 85 83

Fast-food services 29 29 37 32

Hotels 168 208 235 202

Restaurants and bars 106 106 132 97

Supermarkets and grocery 32 32 34 35

Taxi services 9.0 12 15 15

Tourism 347 285 237 250

Transport 32 5 9 7

Cinemas, theaters, entertainment 17 31 33 21

Clubs, pools 66 76 64 57

Duty Free shops 52 58 57 57

Jewelry 76 131 124 84

Total non cash expenditure 1,069 1,147 1,187 1,022

Total + Cash 1,319 1,397 1,437 1,272

Currently used, Indexed by inflation 897 863 1,013 1,102

Average 1,108 1,130 1,225 1,187

Estimation of average spending for settlers and repatriates Data sources available

Data from National Card Operator (ArCa) on the payments in Armenia using payment cards issued abroad broken down by Merchant Category Code (MCC). (March 2022)

Data from ArCa on the payments in Armenia using payment cards issued in Armenia and the share of transactions by nonresident cardholders broken down by MCC.

Withdraw funds from the cards mentioned earlier

Financial statistics of the banking sector's reporting form on the number of new accounts opened categorized by the citizenship of the account owners, as well as data on foreign currency exchange

Monthly data on the number of inbound/outbound tourists broken down by citizenship, average length of stay in Armenia and border crossing point.

Monthly data on the number of people crossing the border broken down by citizenship, sex and birth year.

Data from the State Register of the Legal Entities of the Ministry of Justice on the new registered enterprises broken down by sector of the economy, the citizenship of the owner and type of legal entity.

Monthly data from the State Revenue Agency on the number of registered nonresident workers.

Data from Migration Service of Armenia on the number of foreign citizens who received the work permit in Armenia broken down by citizenship.

Estimation of the number of settlers and repatriates Data sources available

Settlers and repatriates March Q2 Q3 Q4

Appliances 142 83 115 111 Beauty 86 152 158 172 Clothes 77 84 90 138

Fast-food services 42 57 71 93 Hotels 149 102 143 181

Medical services 58 60 65 71 Pets 18 33 37 38

Restaurants and bars 94 158 185 226 Shoes 48 72 77 132

Supermarkets and grocery 70 209 239 384 Taxi services 36 81 101 102

Utility Payments 40 46 40 65 Other 121 104 90 121

Total, expenditure per person, USD 982 1,241 1,412 1,834 Number of returned Armenians 3 000 18 000 37 000 48 000

Number of relocated individuals 7 000 23 000 33 000 51 000

Total number 10 000 41 000 70 000 99 000 Total non cash expenditure, mln USD 9.8 31.6 78.3 181.5

Rent 201.2 666.6 734.1 754.6

Total non cash expenditure + rent, mln USD 11.2 41.6 98.9 220.0

Cash withdrawal from cards, mln USD 10.9 14.8 20.7 38.1

Net foreign currency exchange by non res. individuals, mln USD

7.8 11.3 10.3 6.6

Corrections of Travel exports to BOP, mln USD 30.0 67.8 129.9 264.7

Results in BOP, 2022, mln USD

By NSS Q1 Q2 Q3 Q4 2022

Personal 69.9 108.7 148.9 108.3 436 credit

163.5 242.3 492.0 351.7 1,249 debit

93.6 133.6 343.1 243.4 814

Estimations by CBA Q1 Q2 Q3 Q4 2022

Personal 75.8 118.7 260.5 273.2 728

+ credit 99.7 166.7 380.6 383.8 1,031

+ debit 23.9 48.0 120.2 110.6 303

Final results Q1 Q2 Q3 Q4 2022

Personal 145.7 227.4 409.4 381.4 1,164 credit

263.2 409.1 872.6 735.5 2,280 debit

117.5 181.7 463.2 354.0 1,116

CAB/GDP and Travel/GDP, %

-15%

-10%

-5%

CAB/GDP seasonally adjusted Travel/GDP seasonally adjusted CAB/GDP Travel/GDP

Official number of inbound and outbound tourists

Total inbound of which Russian citizens of which Armenian citizens Total outbound

2021 884,398 354,703 174,888 440,797

2022 1,672,755 795,712 263,275 1,156,810

50,000

100,000

150,000

200,000

250,000

300,000

of which Russian citizens of which Armenian citizens Total Outbound

Ratio of transactions by nonresident cardholders with cards issued in Armenia, %

Q1 Q2 Q3 Q4

Remittances, Compensation of employees

Remittance statistics is compiled based on:

 Reporting Form of Commercial banks

 Household Surveys

 Seasonal Workers Survey

 Surveys of individuals-clients of commercial banks

In 2022 debit of compensation of employees account was revised based on increase of nonresident workers registered by the State revenue committee. As a result, there was a twofold increase in the number of these workers for 2022 in comparison to the previous figure.

New registered enterprises with foreign owners and increase in number of non resident employees

500

1,000

1,500

2,000

Jan-22 Feb-22 Mar-22 Apr-22 May-22 Jun-22 Jul-22 Aug-22 Sep-22 Oct-22 Nov-22 Dec-22 Total 2021

Total IT Nonres employees

Questions for discussion and some clarification

 Basis of 1 year is applied, or data on intention to stay in Armenia is used if available.

 Reclassification of settlers to residents leads to a shift in their expenditure from travel export to domestic consumption.

 One challenge is the adjustment of tourist numbers when individuals who are already residents according to international methodology continue to be counted as tourists each time they cross the border.

Future steps

Replace the ArCa data with reporting forms from banks

Use the results of new Visitors’ survey

Explore new data sources

Thank you for your attention

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