Resource Manual to Support Application of the Protocol on SEA
Draft Final
Introduction to the Manual
0.1 PREAMBLE
1.
The United Nations Economic Commission for Europe (UNECE) Protocol on Strategic Environmental Assessment (SEA) was adopted in Kiev in May 2003 and subsequently signed by 36 States and the European Community. However, signature is only the first stage – 16 UNECE member States need to ratify, accept, approve or accede to the Protocol for it to enter into force. To find out the latest status of the Protocol, see the website http://www.unece.org/env/sea/.
Once in force, any Member State of the United Nations
may accede upon approval to the Protocol. [1]
2. This Resource Manual to Support Application
of the UNECE Protocol on Strategic Environmental
Assessment - the Manual -
was developed as decided by the Meeting of the Signatories
to the Protocol in June 2004.
3. The Manual does not constitute formal legal
or other professional advice, but instead provides
guidance to those applying the Protocol or supporting
others in doing so.
0.2 PURPOSE, TARGET AUDIENCE AND STATUS
4. The Manual:
- Highlights the main requirements of the Protocol
on SEA
- Outlines the key issues for applying the Protocol
in practice
- Provides materials for training and capacity-development
programmes supporting application of the Protocol
5. The Manual is expected to be used by:
- Those who want to learn about the Protocol
and the theory of its application, including government
and other officials working on the application
of the Protocol, practitioners carrying out SEAs
and stakeholders wishing to participate in the
SEA process
- Those who want to advise and train others on
the Protocol's requirements and the application
of SEA
6. This dual audience is reflected in the structure
of the Manual (see below).
7. The UNECE region includes the Member States
of the European Union (EU). The EU Directive 2001/42/EC
on the assessment of the effects of certain plans
and programmes on the environment (commonly referred
to as the SEA Directive) was to be implemented by July
2004. The mandatory provisions of the Protocol are
broadly equivalent to those of the SEA Directive
and the authors have tried to indicate differences
in the course of this Manual. In 2003, the European
Commission (EC) produced a publication to help the
EU Member States with the implementation of the
SEA Directive: 'Implementation of Directive 2001/42/EC
on the assessment of the effects of certain plans
and programmes on the environment' - the
EC Guide. The elements of this Manual that focus
on the application of SEA in practice may also be
of use to those applying the SEA Directive.
8. However, this Manual does not serve
as formal interpretative guidance for the SEA Protocol
or for the SEA Directive.
9. Reference is also made in this Manual to the
Convention on Access to Information, Public Participation
in Decision-making and Access to Justice in Environmental
Matters, hereafter referred to as the
Aarhus Convention.
10. The Manual is produced in English and Russian.
As French is one of the official languages of the
UNECE, the Manual will be translated into French,
provided additional resources become available.
It is hoped that the Manual will be made available
in other languages, either in this form or as adapted
by countries to match their individual needs (see
section 0.4 below).
0.3 STRUCTURE
11. The Manual is divided into two parts, reflecting
the dual nature of the target audience:
- Part A for those applying
the Protocol
- Part B for trainers and others
developing capacity to apply the Protocol
12. These two parts each comprise a series of chapters
that are autonomous but interlinked and that reference
other resources, with each chapter being accompanied
by a set of slides:
Part A: Application of the Protocol
- Chapter A1 introduces
SEA aims and outlines the concepts, roles and
evolution of SEA
A series of four chapters provide assistance with
the application of the Protocol to plans and programmes:
- Chapter A2 identifies
linkages between SEA and plan- and programme-making
processes
- Chapter A3 describes
how to determine whether SEA is required under
the Protocol
- Chapter A4 describes
the SEA of plans and programmes under the Protocol
- Chapter A5 provides
an overview of basic applicable tools that may
be used in the practical undertaking of SEA
And for policies and legislation:
- Chapter A6 describes
how the Protocol may be applied to policies and
legislation
Part B: Trainer's Guide
- Chapter B1 outlines
the broad concept of capacity development for
the Protocol
- Chapter B2 offers
a set of tasks that can be used to design practical
work on case studies within SEA training and capacity-development
programmes
13. Annexes provide additional
materials for the above chapters.
14.
[Annex] [Chapter] [XX] addresses health issues. [In addition, a companion volume on the consideration of health in SEA [is being] [has been] prepared under the lead of the World Health Organization.]
15.
The Manual includes the UNECE Protocol on Strategic Environmental Assessment (Kiev) – the SEA Protocol (see Annex A0.1) – and refers to the following resources:
International instruments and guidance
Examples of SEA practices
- This resource will grow as countries supply
examples.
16. The above-mentioned resources, recommended
reading and further useful resources relevant to
each section of the Manual are to be provided on
websites, including http://www.unece.org/env/sea/.
0.4 REVISION AND ADAPTATION
OF THE MANUAL
17. This Manual will be revised and developed as
decided by the Signatories and, later, by the Parties
to the Protocol.
18. The Manual is being made available in electronic
form through websites and on CD-ROMs. This allows
the flexibility of adding links to new resources
as they become available. These new resources are
expected to include guidance, methods, reviews,
case studies and examples of good practices.
19. In addition, adaptation of the Manual for different
contexts is encouraged. For example, in 2005, national
versions of the Manual were developed in Georgia,
Ukraine and Moldova.
20. Those wishing to adapt the Manual for their
specific use are encouraged to pay attention to
the following issues:
- Before adapting the Manual, one should analyze
thoroughly the current environmental assessment
systems for plans, programmes, policies and legislation
operating in the given context and then adapt
the Manual accordingly
- Adaptation can be more than just translation
of the Manual, with the inclusion of additional
chapters and sections and important issues for
the local context, as well as the exclusion of
materials considered unnecessary
- Examples from a particular region or country
can be used to make the Manual more understandable
and relevant to the target audience
- Both the Protocol and the SEA Directive are legal instruments, in the countries where they are in force, and care should be taken to avoid representing their provisions incorrectly
21. The adapted materials should acknowledge the
Manual and the copyright holders.
Notes
[1] For
an explanation of these terms, see the United
Nations Treaty Handbook.
[2] Breeze,
C.H. (Public Health Strategy Division - The National
Assembly for Wales) & K. Lock (London School
of Hygiene and Tropical Medicine (eds.) (November
2001), A
review of health impact assessment concepts, methods
and practice to support the development with adequate
coverage of health of the SEA Protocol
, advanced
copy.
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A1. Brief introduction to SEA |