Transcript PPT - unece

Decisions on proposed activities not listed in
annex 1 of the Convention (article 6 paragraph 1
(b) of the Convention)
• Task Force on Public Participation in
Decision-Making Sixth meeting
• Geneva, 10-11 February 2016
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Introduction
• Genesis and legislative history
• Issue not handled extensively
– by the Compliance Committee
– by the Synthesis Report
• Limited practical application
• Guidance
– Implementation Guide
– Maastricht Reccomendations
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Requirements
• Mechanism should be established
– within the national legal framework;
– to determine whether a decision on a proposed
activity which is not listed in annex I;
– may yet have a significant effect on the
environment and thus;
– require public participation in accordance with
the requirements of article 6.
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Mechanism
• Two stages
– Identification of activities which potentially may
have an effect on the environment;
– Determination a as to which of those may have a
“significant effect” and therefore require public
participation in accordance with article 6,
paragraph 1 (b).
• Mechanism may or may not – be related to
national EIA scheme
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Identification
• Activities that require enviromental permit or
licensing under national legislation
• Activities that require environmental
screening under national legislation*
• Other activities (?)
• Approach to para 20 of Annex I
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Activities that require environmental
permit - examples
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noise permits,
emissions permits,
logging permits,
authorizations for culling or disturbing animals,
permits for discharge of water or for water intake,
fracking permits,
mining permits,
exploratory drilling permits,
fishing permits,
export or import permits for endangered species, etc
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Activities that require environmental
screening under national legislation
• Changes to or extensions of activities within
the scope of the second sentence of
paragraph 22 of annex I to the Convention;
• Activities subject to individual screening for
environmental assessment ,for example
– annex II activities under the EIA Directive
– activities subject to nature protection assessment
(for example, activities subject to article 6,
paragraphs 3 and 12, of the EU Habitats Directive)
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Determination
• Method
– Making a list
– Individual screening on case-by-case basis
– Mixed approach
• Criteria needed in case of individual screening
• Criteria subject to public scrutiny (ACC-50 Czech
Republic)
• *the outcome of the respective environmental impact
assessment (EIA) screening process is a determination
under article 6, paragraph 1 (b), of the Convention
(ACCC/C/2010/45 and ACCC/C/2011/60 (United
Kingdom), ACCC/C/2010/50 (Czech Republic))
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Criteria
• „ Significant effect on the environment” according to
the Implementation Guide
• Significant
– used mostly for EIA/SEA
– For other purposes other similar expression is used (for
example „serious” in industrial accidents legislation)
• Criteria for significance
– well established for the purpose of EIA/SEA
• Appendix III to Espoo Convention
• Annex III to EU EIA Directive
– some criteria in other fields
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Significant effect on the environment
(Implementation guide);
- mere likelihood of significant effect triggers the
obligation;
- “significance” of the effect on the environment is what
takes ordinary decision-making into the realm of
environmental decision-making;
- significance is not defined in the Convention, but some
guidance as to how it is interpreted in other contexts can
be found in appendix III to the Espoo Convention and
other sources related to EIA procedure;
- the test of significance should be applied objectively and
not in a manner to avoid public participation.
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Espoo Convention
(Appendix III)
Assessment of the significant adverse transboundary
impact by virtue of one or more of the following criteria:
(a) Size: proposed activities which are large for the type
of the activity;
(b) Location:
-allocation in or close to an area of special environmental
sensitivity or importance;
and also where the characteristics of proposed
development would be likely to have significant effects on
the population;
(c) Effects, particularly complex and potentially adverse
effects.
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Application of art. 6 1 (b) in practice in
EU countries
• Activities subject to EIA screening
– Annex II projects to EIA Directive
– Additional activities
• Habitat assessment
• Seveso III Directive
• Extractive waste Directive
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