Convention on Environmental Impact Assessment in a Transboundary Context (Espoo Convention) and the Protocol on Strategic Environmental Assessment (SEA Protocol)

KEY POINTS

Convention on Environmental Impact Assessment in a Transboundary Context (Espoo Convention)

The convention incorporates Principle 19 of the Rio Declaration on environment and development.

• It applies to the activities listed in its Appendix I (for example, oil refineries, airports, thermal and hydropower plants and wind farms, roads, railways, large diameter pipelines for the transport of oil, gas or chemicals).
• In accordance with the precautionary and prevention principles, it requires that the adverse environmental impacts be anticipated and addressed early in the planning of activities in order to prevent/mitigate and monitor their significant adverse transboundary environmental impact.
• It requires the state in which the activity is planned (party of origin) to examine its environmental impacts on other states (affected parties).
• The party of origin must notify the affected party of the activity likely to have a significant adverse transboundary environmental impact.
• The affected party must acknowledge the notification and indicate whether it wishes to participate in the assessment procedure.
• The party of origin must prepare an environmental impact assessment documentation and submit it for comments to the authorities and the public of the affected party/parties.
• The parties concerned should consult each other, for example, on alternative and mitigation measures.
• The party of origin must take a decision on the planned activities while taking into account the environmental impact documentation, the comments received and the outcome of the consultations.
• The final decision should be provided to the affected party with the reasons and considerations on which it was based.
• The parties concerned should determine whether, and to what extent, a post-project analysis is to be carried out.

Protocol on Strategic Environmental Assessment (SEA) (Kyiv Protocol)

The SEA Protocol sets the international legal framework for fostering sustainable development and transparent planning in environmental governance.

The protocol requires that a strategic environmental assessment be carried out for certain plans and/or programmes that are likely to have significant environmental effects. It provides for a non-mandatory assessment of policies and legislation.

• It addresses plans and programmes prepared by public authorities, at national and local levels, across various fields.
• The parties to the protocol first have to determine whether a plan/programme falls within its scope.
• The parties should prepare an environmental report covering the information set out in the protocol.
• Before any decision is taken, the authorities (environmental, health) and the public concerned must have an opportunity to express their opinions on the draft plan/programme and the environmental report.
• When adopting the plan/programme, comments from the authorities and the public, along with the conclusions of the environmental report and the mitigation measures, must be taken into account. The authorities and the public should be given access to the adopted document and be informed of how their comments were taken into account.
• The parties to the protocol are responsible for monitoring the significant effects of the adopted plan/programme.