Explanatory Memorandum to COM(2008)132 - Approval of the Protocol on Strategic Environmental Assessment to the 1991 UN/ECE Espoo Convention on Environmental Impact Assessment in a Transboundary Context - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2008)132 - Approval of the Protocol on Strategic Environmental Assessment to the 1991 UN/ECE Espoo Convention on Environmental Impact ... |
|---|---|
| source | COM(2008)132  |
| date | 11-03-2008 |
The ability to avoid adverse environmental effects at project level may be constrained by decisions already taken in plans or policies. For this reason, it is widely accepted that a similar process of assessment should be carried out at those levels. This is generally known as strategic environmental assessment (SEA). With this in mind, the Espoo Convention already required the Parties, ‘to the extent appropriate, [to] endeavour to apply the principles of environmental impact assessment to policies, plans and programmes.’
EU legislation on SEA is contained in Directive 2001/42/EC on the assessment of the effects of certain plans and programmes on the environment (the ‘SEA Directive’). The SEA Directive applies to a broad category of plans and programmes, and sets out detailed requirements for assessing and reporting on their environmental effects. It includes a provision on transboundary effects inspired by the Espoo Convention.
The fifth Ministerial Conference “Environment for Europe” hold in Kiev, Ukraine in May 2003 adopted the Protocol on Strategic Environmental Assessment to the 1991 UN/ECE Espoo Convention on Environmental Impact Assessment in Transboundary Context (SEA Protocol). The Commission, on behalf of the European Community, signed the SEA Protocol on 21st May 2003.
The Protocol’s objectives are set out in Article 1. They are to provide for a high level of protection of the environment, including health, and to ensure that these concerns are integrated into measures and instruments designed to further sustainable development.
The Protocol’s substantive obligations fall into three groups.
First, there are general provisions on assistance and guidance to the public, recognition of and support to relevant associations, promotion of the Protocol’s objectives internationally, and the rights of persons exercising their rights under the Protocol not to be penalized or discriminated against on grounds of citizenship, etc.
Second, there are provisions dealing with the environmental assessment of certain plans and programmes. These are divided into two groups; one (Article 4(2)) for which assessment is mandatory except in certain limited cases, and one (Article 4(3)) which requires assessment when Parties consider they are likely to have significant effects. There are detailed provisions on the different stages of the environmental assessment.
Third, the Protocol builds on the provision referring to policies in the Espoo Convention by establishing requirements on policies and legislation. Parties are to ‘endeavour to ensure that environmental, including health, concerns are considered and integrated to the extent appropriate’ , in preparing policies and legislation that are likely to have significant effects on the environment, including health. In so doing, they must consider ‘the appropriate principles and elements’ of the Protocol. They must determine, where appropriate, the practical arrangements for so doing and report to the Meeting of Parties on their application of these requirements. The European Community, in conformity with its Strategy on Sustainable Development and Better Regulation, intends to implement Article 13 of the Protocol on Strategic Environmental Assessment to the Espoo Convention through the impact assessment procedures set out in the Communications on Impact Assessment i, which address in a balanced manner the economic, social and environmental components of sustainable development.
References throughout the Protocol to ‘the environment’ or ‘environmental’ are always qualified by the phrase ‘including health’ . Human health is already included in the elements of the environment on which information must be provided in the environmental report required under the SEA Directive. The strengthening of the references in the Protocol is intended to give added weight to an aspect of the environment which is often disregarded in current EIAs. It is not intended to imply that a medical assessment should be carried out. This is clear from the definition of ‘environmental, including health, effect’ which covers essentially the same environmental factors as are to be covered in environmental reports under the Directive.
Several aspects of the EU dimension deserve consideration. The EC and the Member States have been among the leaders in developing the concept and practice of SEA and they should confirm their support by ratifying the Protocol.
Upon ratification of the Protocol the Community will be bound by its requirements to the extent that its activities fall within the scope of the Protocol. Ratification by the EC and the Member States would ensure a sufficient number of ratifications for the Protocol to come into force (16 are needed).
In view of the above considerations, it is appropriate for the Community to approve (see article 1) the Protocol on Strategic Environmental Assessment to the Espoo Convention on environmental impact assessment in a transboundary context.