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

Resource Manual to Support Application of the Protocol on SEA

Draft Final

 
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Annex B1.1: Example of a detailed capacity assessment for the implementation of the Protocol used in selected EECCA countries [49]

I. Identification of plans and programmes that will require SEA under the SEA Protocol

I.1. Are the terms 'plan' and 'programme' defined in national legislation? If so, please provide these definitions.

I.2. Please identify (with the assistance of the table below) those national and sub-national (e.g. region ('rayon') or province ('oblast')) plans and programmes in the country that will fall within the scope of the Protocol.

Sectors List all strategic documents (irrespective of whether they are called plans, programmes, policies, strategies,..) in each given sector that are 'prepared or adopted by public authorities at all levels of government on a basis of legislative, regulatory or administrative provisions' (simplified definition of plans and programmes adapted from art 2.5 of the SEA Protocol) Briefly describe their main features (e.g. number or plans during last 5 years and current and planned changes in the legislation)
Agriculture    
Forestry
   
Fisheries    
Energy    
Industry    
Mining    
Transport    
Regional development    
Water management    
Telecommunications    
Tourism    
Town and country planning or land use    
Other national or sub-regional documents (e.g. Poverty Reduction Strategy Papers)    

II. Analysis of current environmental assessment provisions

II.1. Describe the current environmental assessment procedure for strategic decisions according to the existing provisions (under OVOS (EIA) or SER (state ecological review) systems) in the country and compare it with the existing practice:

  • Screening mechanism and the extent of application during the past five years (or two to three years, if preferred): how many documents have been reviewed prior to being forwarded to the SER/SEA procedure and how many of them have undergone SER/SEA?
  • Contents of the SEA report: legal requirements + how is the specific scope of the environmental assessment determined + possible methodological guidance or standards for preparation of SEA reports
  • Review requirements: which types of authorities have the opportunity to comment on the environmental report, and are there any additional requirements for review through the SER system?
  • Description of public participation provisions: description of legal requirements and references to any methodological guidance for public participation in SEA that has been produced in the country
  • Mechanisms for taking account of the SEA report and of public comments in the plan- or programme-making process

II.2. Describe possible future changes in this legal framework (if any).

II.3. Analyze the main strengths and weaknesses of the current system and opportunities for its future development or improvement.

III. Analysis of the priority issues for the effective implementation of the Protocol

This analysis must reflect the opinion of the senior officials responsible for the practical implementation of the Protocol in each given country.

How to effectively: Please mark as:
2 - top priority
1 - important
0 - not relevant
Which are the specific issues where assistance would be helpful?
Undertake SEA in plan and programme-making process in accordance with definition of SEA in art. 2.6 (e.g. how to link SEA to the decision-making process, etc.)    
Undertake SEA screening in accordance with art. 4 and 5 (e.g. how to combine mandatory and exclusions lists and when to apply case-by-case examinations, etc.)    
Organize SEA scoping in accordance with art. 6 (e.g. when to undertake scoping, how to select suitable methods for consultations with public and authorities, how to write terms of reference for SEA, etc.)    
Elaborate environmental baseline studies in SEA (in accordance with annex IV - items 2, 3 and 4)    
Use environmental objectives in SEA (in accordance with annex IV - item 5)    
Analyze the likely significant environmental, including health, effects (in accordance with annex IV - item 6)    
Compare alternatives of the plan or programme (in accordance with annex IV - item 8)    
Prepare post-SEA monitoring plans to meet requirement of art. 12 and annex IV - item 9    
Analyze transboundary effects (in accordance with annex IV - item 10)    
Organize public review of the SEA report in accordance with art. 8 (e.g. how to identify the public concerned; how to inform the public and collect feedback, how to review public comments, etc.)    
Organize consultations with environmental and health authorities in accordance with art. 9 (e.g. how to identify relevant authorities, how to effectively consult them during SEA, etc.)    
Undertake transboundary consultations in accordance with art. 10 (e.g. when to notify, what level of document should be exchanged, how to organize effective transboundary consultations)    
Explain costs and benefits of SEA to decision-makers    
Apply SEA to policies and legislation in accordance with art. 13    
Draft laws or regulations to implement the Protocol    

IV. Key stakeholders in SEA reforms

IV. 1. Identify key institutions responsible for the SEA process (contact details and names of key officials).

IV. 2. Identify key stakeholders and networks promoting SEA/EIA reforms in the country (NGOs, EIA centres, professional newsletters and journals, etc.) and how these players cooperate in these reforms and how this cooperation may be strengthened.

V. Past, ongoing and planned initiatives to build SEA capacity in the country

V.1. Describe the key planned activities that the government wants to implement in order to ratify and implement the Protocol (pilot studies, new law, regulations, etc.).

V.2. Describe all past and ongoing donor assistance programmes in the field of SEA in the country.

V.3. What SEA/EIA courses (at universities, training programmes for public administration, etc.) exist or are planned in the country?

V.4. Describe any other NGO, consultancy or academic programmes.

VI. Recommendations for the most effective focus of the UNDP and REC project

Please determine and prioritize which types of interventions or activities may most effectively build capacity for implementation of the Protocol, including the development of SEA pilot projects in selected countries. When suggesting the focus of the project you may consider the following types of capacity development activities, among others:

  • Pilot projects: supporting an SEA of a specific plan or programme (if this is a priority, indicate for which type of programming process this assistance would be provided)
  • Assistance with legal reforms (drafting new laws or regulations to implement the Protocol)
  • Development of national guidelines (specifying the SEA approach, the methods that can be applied, etc.)
  • Development of training materials and training of trainers
  • Promotional campaign (brochures, leaflets, website creation, etc.) to explain SEA to key policy- and decision-makers and administrators

Note

[49] Taken from the terms of reference for national capacity needs assessments for the implementation of the Protocol in selected EECCA countries, implemented by UNDP and the REC under the workplan of the third meeting of the Parties to the Espoo Convention.

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B1. Capacity-development framework
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