Moroccan Law on Environmental Impact Assessments

The Kingdom of Morocco has made significant strides in integrating environmental protection into its national development strategy. As the country continues to expand its industrial, agricultural, and infrastructure sectors, the legal framework governing Environmental Impact Assessments (EIA) serves as a critical safeguard. This regulatory regime ensures that economic growth does not come at the expense of the nation’s natural resources and ecological balance.

Understanding the legal requirements for environmental assessments is essential for investors, developers, and public authorities. This article explores the primary laws, the roles of various institutions, and the specific procedures required to obtain environmental approval for projects in Morocco.

The Legislative Framework: Law 49.17 and Law 12.03

The cornerstone of environmental regulation in Morocco is Law No. 49.17 relating to Environmental Assessment, which was enacted by Dahir No. 1.20.78 in August 2020. This law modernized the previous framework (Law No. 12.03) to align with international sustainability standards.

Under Moroccan law, an Environmental Impact Assessment is defined as a study that evaluates the direct and indirect, temporary or permanent effects of a project on the environment. The primary goal is to determine measures to avoid, mitigate, or compensate for negative impacts.

Key legal concepts introduced or refined by these laws include:

• Environmental Approval (Moufawaqa Bi'iya): A mandatory decision confirming that a project is environmentally viable.
• Environmental Audit: A study used to evaluate existing industrial units or activities that were established before the current laws were enacted, ensuring they are brought into compliance with modern standards.
• Strategic Environmental Assessment: Applied to programs, plans, and policies to ensure sustainability is integrated at the highest levels of decision-making.

Sector-Specific Applications: Quarries and Agriculture

The requirement for environmental studies extends across various sectors, with specific decrees providing detailed technical requirements.

The Quarrying Sector

In the mining and quarrying industry, Law No. 27.13 and its implementing decrees set strict standards. For instance, an application to operate a quarry must include an "Environmental Management Notebook" (Cahier des Charges Environnemental). Developers must provide topographical designs at a scale of at least 1/1000, prepared by a certified topographical engineer. These designs must show the boundaries of the site and, in the case of marine quarries, bathymetric measurements linked to the hydrographic zero level.

Agricultural Pesticides

Environmental safety is also a priority in the agricultural sector. Under the Decree relating to the Approval of Agricultural Pesticides, any product intended for use must undergo an assessment of its impact on the environment. The Ministry of Agriculture may grant temporary authorizations for up to two years to conduct biological control trials or environmental impact studies before a product is fully certified for the Moroccan market.

Institutional Oversight and Procedures

The Moroccan legal system utilizes specialized committees to review environmental studies and ensure they meet regulatory benchmarks.

The National and Regional Committees

According to the Decree regarding the Competencies of the National and Regional Committees for Environmental Impact Studies, the National Committee is tasked with:

• Examining impact studies for large-scale or sensitive projects.
• Providing formal opinions on whether Environmental Approval should be granted.
• Assisting Regional Committees in their duties.
• Participating in the creation of "Guiding Principles" (Directives) that define the terms of reference for environmental assessments.

Protection of Natural Heritage

When projects are planned within or adjacent to national forests or protected areas, additional oversight is required. Law No. 52.20, which created the National Agency for Water and Forests, works in tandem with Law 49.17. If a project impacts forest land, the impact study must specifically address the preservation of these biological zones to maintain Morocco's biodiversity.

Practical Steps for Project Compliance

For any developer or entity planning a project in Morocco that falls under the list of activities requiring an EIA, the process generally follows these steps:

1. Preparation of the Study: The developer must hire specialized experts to conduct the study based on the "Guiding Principles" provided by the administration.
2. Public Inquiry: Many projects require a public inquiry phase where local populations can voice concerns regarding the project's environmental impact.
3. Review by Committee: The study is submitted to the relevant Regional or National Committee for Environmental Impact Studies.
4. Issuance of Decision: Based on the committee's opinion, the government authority in charge of the environment issues either an "Environmental Approval" or a "Environmental Conformity" decision.

Conclusion

Morocco’s legal framework for environmental impact assessments is designed to be both a protective shield for the environment and a roadmap for sustainable development. By mandating rigorous technical designs for quarries, environmental audits for older industrial sites, and strict approval processes for agricultural chemicals, the law ensures that all economic activities remain within the "ecological carrying capacity" of the region. For businesses, compliance is not merely a bureaucratic hurdle but a legal necessity that ensures the long-term viability and social acceptance of their projects.

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