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

Information Exchange

 

  Frequently Asked Questions (FAQs)

on Transboundary EIA, on SEA and on the Espoo Convention and its Protocol on SEA

Links and resources on SEA are available with the on-line Resource Manual to support application of the Protocol

What is EIA?
What does it do? What is the Espoo Convention?

What is SEA?
What does it do? What is the Protocol on SEA?

The Espoo Convention and Protocol on SEA, and bilateral agreements

Why are these international agreements important?

Which States are Parties or Signatories to the Convention and Protocol?

Which States can become Parties to the Convention and Protocol?

How do States establish bilateral agreements to support the Convention?

How does the Convention interact with other international agreements?

Guidance and examples

Where can I find general guidance on carrying out an EIA?

Where can I find examples of transboundary EIAs?

Where can I get training in transboundary EIA?

 
For help on specific topics, stages of assessment and sectors see the help topics page.
 
Hint: Use your web browser's Find function (Ctrl+F) to search for information by other keywords, e.g. for a particular country (e.g. France) or type of activity (e.g. railway).
 
Disclaimer: The following informal guidance is provided for information only and does not constitute formal legal or other professional advice. The authors assume no liability for actions undertaken in reliance on the information contained in this guidance.

  What is EIA? What does it do? What is the Espoo Convention?

Environmental Impact Assessment "is a systematic process to identify, predict and evaluate the environmental effects of proposed actions and projects." (UNEP EIA Training Resource Manual)

According to the Espoo Convention, EIA is "a national procedure for evaluating the likely impact of a proposed activity on the environment" (Article 1(vi)).

Transboundary EIA is the same as EIA, but there is an explicit consideration of potential transboundary effects, including consultation and public participation in the affected Party (i.e. the country that may be affected by a project in the 'Party of origin' or, more formally, the Contracting Party or Parties to the Convention likely to be affected by the transboundary impact of a proposed activity).

What does EIA do?

When done well, EIA has several potential benefits:

  • It may help the project proponent to identify project alternatives (alternative locations or technology, for example) and mitigation and compensatory measures that reduce the environmental impact of the project. Suggestions may come from the public, the EIA experts, the consultees and the developer.
  • It may provide for public involvement in the project design, promoting understanding between the community and developer. It may also promote good governance in the longer term: for example, Almer & Koontz found that public hearings as part of an EIA process "provide important indirect benefits that can contribute to the capacity for democratic governance and an active civil society".

See also

What is the Espoo Convention?

Click here for an introductory slideshow presentation on the Espoo Convention.


  What is SEA? What does it do? What is the Protocol on SEA?

General definition of Strategic Environmental Assessment: "The formalised, systematic and comprehensive process of evaluating the environmental impacts of a policy, plan or programme and its alternatives, including the preparation of a written report on the findings of that evaluation, and using the findings in publicly accountable decision-making." (Source: Therivel et al)

According to the Protocol on SEA, SEA is "the evaluation of the likely environmental, including health, effects, which comprises the determination of the scope of an environmental report and its preparation, and the carrying-out of public participation and consultations, the taking into account of the environmental report and the results of the public participation and consultations in a plan or programme." (article 2.6).

What does it do?

UNDP/REC Brochure on the Benefits of SEA, available in English PDF and Russian PDF (revised; old version PDF - 3MB!).

See also EIA/SEA Cost and benefits study, 1996, European Commission (DG Environment)

The IAIA has published performance criteria for SEA, available here.

What is the Protocol on SEA? See an introductory slideshow presentation

For much more on the Protocol and numerous links and resources, see the Resource Manual.

 

  Why are these international agreements important?

They promote:

  • Protection of the environment
  • Sustainable development
  • Public participation and good governance
  • Standards
  • International cooperation
  • New approaches

  Which States can become Parties to the Espoo Convention and Protocol on SEA?

UNECE member States (see list) can become Parties to either instrument. For other UN Member States, the possibility of becoming a Party is described below.

For the Espoo Convention, an amendment to the Convention has been adopted (in 2001) to allow non-UNECE member States to become Parties to the Convention. To see the current status of that amendment click here. Once in the amendment is in force, the Meeting of the Parties to the Convention may approve the accession of a UN Member State that is not a member State of the UNECE.

The Protocol on SEA includes a similar provision. Once sixteen UNECE member States have ratified (or accepted, etc.) the Protocol, it will come into force after a delay of ninety days. It is hoped that the Protocol will enter into force by 2006 - click here for the current status of the Protocol. Within one year of the Protocol's entry into force, the first 'Meeting of the Parties to the Protocol' will occur. It is this Meeting that may approve the accession of a UN Member State that is not a member State of the UNECE.

Accession (or ratification, etc.) to a treaty requires that a State is able to implement the treaty, i.e. all the preparatory work such as enactment of national legislation should have been completed.


  How does the Convention interact with other international agreements?

The secretariat to the Espoo Convention undertook an informal review of transboundary EIA provisions in selected multilateral environmental agreements:

In addition, the secretariat to the Espoo Convention has undertaken a number of informal studies between the Convention and ...

Неофициальные исследования, проведенные секретариатом Конвенции об ОВОС. Взаимосвязь между Конвенцией об ОВОС и …

 

  Where can I find guidance on carrying out an EIA?

See also training below. For specific guidance see the Help Topics.

Transboundary EIA guidance:

  • The Parties adopted (June 2004) Guidance on the Practical Application of the Espoo Convention - available as a printable document (various languages) and on web pages (English, русский).
  • Procedural Guide: Transboundary consultation of the authorities and the public for projects having a significant environmental impact in the Upper Rhine area (français PDF, Deutsch PDF) - Franco-German-Swiss Conference of the Upper Rhine
  • Guidelines on Environmental Impact Assessment in a Transboundary Context in the Caspian Sea Region - produced by UNEP, the Convention, EBRD and the Caspian Environment Programme: English PDF (1MB), русский PDF (1.3MB)
  • Guidelines for EIA in the Arctic PDF (1.4MB), produced by the Finnish Environment Institute
  • Recommendations for the performance of transboundary EIA between Germany and Poland (Germany as state of origin of a planned project) - the results of a practical trial of implementation of the Espoo Convention. Available in Deutsch PDF and Polish PDF (1.1MB). Summary PDF in English. Produced by German Federal Environmental Agency

For general EIA guidance:

The study (IMP)3 - "IMProving the IMPlementation of Environmental IMPact Assessment" produced PDF reports on:

Web-based EIA guidance:

Reviews of effectiveness, from European Commission (DG Environment), available here:

And from Switzerland: Report of the Swiss Federal Council on the implementation of EIA and authorization procedures (PDF in français, Deutsch & italiano), Swiss Confederation; and Review of the effectiveness of EIA in Switzerland - in French or German with abstract in English, German, French and Italian, Swiss Federal Office for the Environment

International Study of the Effectiveness of Environmental Assessment PDF (6MB!), Final Report, Environmental Assessment in a Changing World: Evaluating Practice to Improve Performance, Prepared by Barry Sadler, June 1996, with support from CIDA and IAIA

There is also guidance on different stages (as well as topics, e.g. biodiversity, and sectors) on the Help Topics page:


  Where can I find examples of transboundary EIAs?

Case study fact sheets are being prepared for the Convention. For the latest see here.

Transboundary EIAs as notified by Parties to the Convention are available here.

In addition:

  • EBRD publishes EIAs for projects that it funds - some are labelled 'regional' but may not necessarily refer to the Espoo Convention, whereas others do refer to Espoo, e.g Narva Power (Estonia).
  • Caspian Environment Programme to hold transboundary EIAs - initial information is available.
  • Recommendations for the performance of transboundary EIA between Germany and Poland (Germany as state of origin of a planned project) - the results of a practical trial of implementation of the Espoo Convention. Available in Deutsch PDF and Polish PDF (1MB). Summary PDF in English - German Federal Environmental Agency

  Where can I get training in transboundary EIA?

The following EIA training resources may be useful:

 

References (return to the item using the back arrow, or go back to questions)

 Almer, H.L., & T.M. Koontz, 2004, Public hearings for EIAs in post-communist Bulgaria: do they work?, in Environmental Impact Assessment Review, 24 (2004), pp. 473-493.

 Therivel, R., E. Wilson, S. Thompson, D. Heaney & D. Pritchard. 1992. Strategic Environmental Assessment. Earthscan Publications Ltd., London, UK.