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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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A1. Brief introduction to SEA
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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 PDF, advanced copy.

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A1. Brief introduction to SEA