For activities causing the most harmful effects on the environment, such as those conducted by the energy industry, a valid complex environmental permit.

Until January 15, 2024, operators could count on complex permits being valid for an unlimited period of time, provided the best available technology was being used. However, from that date on, an official has been able to issue a permit for a limited, rather than unlimited, period of time.

After assessing the constitutionality of the second paragraph of Section 48 of the Industrial Emissions Act, Chancellor of Justice Ülle Madise stated that the Estonian Constitution does not prevent the imposition of a time limit on an environmental permit. However, in order to ensure that a time limit is not imposed arbitrarily, the conditions for the imposition of a time limit must be outlined clearly in the law.

"Currently, the law does not specify for what, in which circumstances or under what conditions, a company is to be granted a temporary complex permit. Therefore, an official is able to issue a temporary permit, but the law does not provide them with the instructions on how to do so," said Madise.

Madise added that if the permit holder believes an official has violated their rights, by for example, granting a permit for too short a time period, or if a neighbor affected by the company's activities believes a permit has been granted for too long a period, it is also difficult for the court to verify the legality of the official's decision. This is because there are currently no legal guidelines which the court can use to assess whether a permit complies with the law.

"This provision is so general that it puts all parties in a precarious situation," said Madise.

Madise also pointed out that the Constitution does not provide space for an official to decide independently what type of establishment is or is not suitable for a particular site and for what period it can operate.

"The official can use the harmful effects on the environment and the legal requirements as the assessment criteria. What the harmful effects that have to be be avoided through administrative decisions are must be clear from the law," Madise said.

The Chancellor's proposal currently concerns only one company in Estonia -– the Enefit oil shale oil plant, which is under construction in Auvere.

Last May, the Environmental Board (Keskonnaamet) granted Enefit a ten-year environmental permit for the production of shale oil, on the condition that the company moves, step by step, towards reducing its environmental impact.

At that time, Erik Kosenkranius, deputy director general for the environment  at the Environmental Board, explained that the expiry date of the complex permit, the first of its kind in Estonia, was an important measure in mitigating environmental impact.

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