EIA Requirements for Petroleum Projects in Yemen

Applicable Environmental Regulations & Requirements — A Summary for Oil & Gas Operators

About this finding: This finding is a summary of a regulatory advisory assignment undertaken by CORAL Environmental Services at the request of an Oil & Gas Production Block Operator in Hadramout Governorate, Yemen. The operator required a clear understanding of the Yemeni environmental legislation, by-laws, and government procedures applicable to the siting and development of petroleum projects — including the EIA review and approval process. The material below distils that regulatory framework into an accessible English-language reference, since no authenticated official English translation of these laws exists.

Every petroleum project operates within a web of stakeholder groups, governmental and non-governmental entities, and legislative requirements — environmental requirements foremost among them. Over recent decades, the completion of Environmental Impact Assessments (EIAs), the practice of public participation, and the emphasis on sustainable development have all assumed growing prominence across the sector.

In Yemen, environmental legislation is relatively recent. Environmental challenges began to attract official and public attention in the early 1990s, providing the impetus to develop the country's environmental protection regulations. A persistent obstacle remains, however: no authenticated, officially published English translation of these laws and regulations yet exists — a significant barrier for international operators seeking to ensure compliance.

The below findings summarizing the applicable and relevant regulations that may apply to siting a petroleum project or facility in Yemen, with particular focus on the legislation, by-laws, and procedures governing the environmental review of proposed oil and gas projects, and the Yemeni government's review and approval process for an EIA.

1. The Yemeni Environmental Legislative Framework

1.1 Laws and Republican Resolutions

Yemen has enacted a range of laws and Republican Resolutions bearing — directly or indirectly — on the conservation of the environment and natural resources. Those most relevant to petroleum projects include:

• Republican Resolution Bylaw No. 37 of 1991 — Territorial Sea, Exclusive Economic Zone (EEZ), and Continental Shelf

• Law No. 43 of 1997 — amending Bylaw No. 42 of 1992 on the regulation and conservation of fishing and living marine resources

• Republican Resolution Bylaw No. 50 of 1991 — Mines and Quarries

• Republican Resolution Bylaw No. 11 of 1993 — Protection of the Marine Environment from Pollution

• Republican Resolution Bylaw No. 12 of 1994 — Crimes and Penalties

• Republican Resolution Bylaw No. 21 of 1994 — Archaeological Heritage

• Republican Resolution Bylaw No. 22 — Tourism

• Republican Resolution Bylaw No. 22 of 1991 — Investment, and its amendment Bylaw No. 14 of 1995

• Republican Resolution Bylaw No. 20 of 1995 — Urban Planning

• Republican Resolution Bylaw No. 21 of 1995 — State Lands and Property

• Republican Resolution Bylaw No. 26 of 1995 — Protection of the Environment (the EPL)

1.2 Prime Minister's Resolutions

Several Prime Minister's Resolutions form part of the overall legislative framework, carrying legal force as by-laws and regulations. The most relevant are:

• PM Resolution No. 94 of 1990 — Establishment of the Environment Protection Council and its tasks

• PM Resolution No. 34 of 1992 — Internal Regulation of the Environment Protection Council (EPC), as amended by Council of Ministers' Decree No. 2 of 2000

• PM Resolution No. 148 of 2000 — Executive Regulations of Law No. 26 on the Protection of the Environment (the PMR)

EIA in Yemen is governed principally by the Environment Protection Law No. 26 of 1995 (EPL), which serves as the umbrella law for all environmental policy. The EPL defines national EIA policy across the whole of Chapter 3 (Articles 35–47), addressing both new and pre-existing development and investment projects. The PMR (148/2000) supplies the EIA guidelines and the project categories that trigger an EIA requirement.

2. The EIA Core: EPL Chapter 3

Chapter 3 of the EPL — "Projects Licensing and EIA" — sets out the substantive EIA requirements. The three foundational Articles are summarized below.

Table 1: Summary of EPL Chapter 3 — Key EIA Articles

Article	Subject	Summary of Provision (Unofficial Translation)
35	Project Licensing	No competent body may license the establishment, operation, or amendment of any project that damages or pollutes the environment, causes its deterioration, or harms human health and living organisms — except in accordance with the standards, criteria, specifications, and conditions determined by the Council.
36	EIA	No licenses may be issued for projects that, by their nature, are a source of environmental pollution or may cause adverse environmental impacts — unless an Environmental Impact Assessment statement, as referred to in the law, is undertaken.
37	EIA	The Cabinet shall issue a decree determining the standards, criteria, conditions, and procedures for ascertaining whether a proposed project substantially affects the environment. This includes: (A) lists of project categories liable to create such effects (e.g. cement industry, oil refineries, preliminary treatment of mineral facilities, pesticides industry, hazardous waste treatment and storage); (B) lists of environmentally sensitive areas (historical and archaeological sites, wetlands, coral islands, natural protected areas, public parks); and (C) lists of resource units (water, equatorial rangelands) and environmental problems of importance (soil erosion, desertification). The decree also defines the required content of the EIA statement, including description of the proposed activity, the affected environment, alternatives (e.g. least-polluting materials), and evaluation of probable direct and indirect impacts — including solid and liquid waste, gas emissions, land use, noise, and socio-economic factors.

Articles 38 through 42 address the licensing process and the responsibilities of the agencies mandated to license projects, together with the requirement to furnish the EPA with the project EIA. Notably, these Articles do not themselves prescribe EIA procedures, nor do they address extensions to existing plants — a gap subsequently filled by the PMR.

3. The Executive Regulations: PMR 148/2000

The PMR comprises seven Parts: citation and definitions (Part 1); protection of the terrestrial environment (Part 2); protection of air from pollution (Part 3); protection of the marine environment (Part 4); research on biodiversity resources (Part 5); the Environment Fund (Part 6); and transitional and concluding Articles (Part 7).

3.1 Part 2 — The EIA Procedure

Part 2 establishes the operational heart of the EIA system. Its key provisions for an oil and gas operator are:

• No license may be issued for a project that is a source of pollution, or likely to cause environmental damage, before an EIA study is submitted and examined against the EPA's elements, designs, standards, and conditions.

• EIAs for projects listed in Annex 1 of the PMR are obligatory and must be undertaken by an independent party.

• The licensing agency must complete its examination within three months of the application date and inform the applicant of the outcome. Any rejection must state its basis and cite the relevant criteria.

• A rejected applicant may complain within sixty days; the EPA must resolve the complaint within thirty days.

• The EPA may approve a project conditionally — requiring the installation of monitoring equipment for waste and pollution, the keeping of records, and the submission of six-monthly reports. EPA resolutions on complaints are binding on the licensing agency.

Project extensions and renovations of Annex 1 activities also require an EIA.

3.2 Part 3 — Protection Against Air Pollution (Articles 40–56)

Part 3 is especially pertinent to petroleum operations. Its principal requirements are:

• Article 40 — A fixed site emitting air pollutants must be suitably located relative to residential areas and prevailing wind direction; total pollutant loads in any single area must remain within the limits of Annex 5.

• Article 41 — No project may emit pollutants exceeding the maximum limits in Annex 6, nor alter the characteristics of natural air so as to endanger health or the environment.

• Article 45 — Any project burning fuel must ensure emitted smoke, vapours, and gases remain within permitted limits and take all possible measures to minimize combustion pollutants. Medical wastes must be incinerated only in approved incinerators.

• Article 47 — No project with a chimney may be established unless the chimney height is approved by the EPA as adequate to prevent harm under best-practical conditions.

• Article 48–49 — Projects emitting harmful materials or unpleasant odours must apply the best practical means to prevent emissions and resulting harm.

• Article 50 — All bodies engaged in the search, exploration, production, refining, storage, and transport of crude oil must comply with the controls and sound measures consistent with international petroleum industry standards and the requirements of the Ministry of Oil and Mineral Resources. This Article speaks directly to the obligations of an oil and gas production block operator.

• Articles 51–56 — Govern noise control (Annex 7), workplace air quality, and the EPA's mandate to establish air-quality monitoring stations and conduct regular monitoring.

3.3 Part 4 — Protection of the Marine Environment (Articles 57–59)

For projects on or near the coast — relevant to export terminals and coastal facilities — Part 4 provides:

• Article 57 — The Public Corporation for Maritime Affairs (PCMA) must coordinate with the EPA in applying the Law of Protecting the Marine Environment from Pollution.

• Article 58 — No license may be issued for any coastal installation that releases polluting materials in violation of the law; such installations must provide adequate waste-treatment units, operational from the moment operations begin and at all times thereafter.

• Article 59 — No plant may be established on sites of important marine biodiversity or environmental sensitivity, as designated by the EPA.

4. What This Means for an Oil & Gas Operator in Yemen

Drawing the framework together, an operator developing a production block in Yemen should plan around five practical realities:

• An EIA is a precondition, not a formality. For Annex 1 activities — which include petroleum operations — an independent EIA must be submitted and approved before any license is granted.

• The clock is defined. The licensing agency has three months to examine an EIA; a rejected applicant has a 60-day right of complaint, with a 30-day EPA resolution period. Project schedules should build in these statutory windows.

• Conditional approval brings ongoing duties. Approval is frequently tied to monitoring-equipment installation, record-keeping, and six-monthly reporting to the EPA.

• International standards are explicitly invoked. Article 50 of the PMR binds petroleum operators to controls consistent with international industry practice — aligning Yemeni law with the expectations of World Bank and IFC environmental and social standards.

• Siting is regulated end-to-end. From chimney heights (Article 47) to coastal sensitivity (Article 59) to wind direction and residential setbacks (Article 40), site selection itself carries legal constraints.

Conclusion

Yemen's EIA framework for petroleum projects is more developed than its limited international visibility suggests. Anchored in the EPL (26/1995) and operationalized through the PMR (148/2000), it establishes mandatory independent EIAs, defined review timelines, conditional-approval monitoring duties, and explicit alignment with international petroleum-industry standards. For an operator, the practical challenge is twofold: navigating a framework available only in Arabic, and managing the procedural timelines and ongoing compliance obligations it imposes. Early, structured regulatory engagement — ideally before site selection is finalized — is the most effective way to convert these requirements from a source of project risk into a managed, predictable compliance pathway.

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REFERENCES

• Environmental Protection Law No. (26), Republic of Yemen Council of Ministers, (2003).

• World Bank Guidelines for Environmental Assessments, 1993.

• IFC Guidelines for Environmental Assessment, 2003.

• Procedure for the Environmental and Social Review of Projects, International Finance Corporation, 1998.