Convention on Environmental Impact Assessment in a Transboundary Context 2

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Convention on Environmental Impact Assessment in a Transboundary Context

 

Article 4

PREPARATION OF THE ENVIRONMENTAL IMPACT ASSESSMENT DOCUMENTATION

1. The environmental impact assessment documentation to be submitted to the
competent authority of the Party of origin shall contain, as a minimum, the
information described in Appendix II.

2. The Party of origin shall furnish the affected Party, as appropriate
through a joint body where one exists, with the environmental impact
assessment documentation. The concerned Parties shall arrange for
distribution of the documentation to the authorities and the public of the
affected Party in the areas likely to be affected and for the submission of
comments to the competent authority of the Party of origin, either directly
to this authority or, where appropriate, through the Party of origin within
a reasonable time before the final decision is taken on the proposed
activity.

Article 5

CONSULTATIONS ON THE BASIS OF THE ENVIRONMENTAL
IMPACT ASSESSMENT DOCUMENTATION

The Party of origin shall, after completion of the environmental impact
assessment documentation, without undue delay enter into consultations with
the affected Party concerning, inter alia, the potential transboundary
impact of the proposed activity and measures to reduce or eliminate its
impact. Consultations may relate to:

(a) Possible alternatives to the proposed activity, including the
no-action alternative and possible measures to mitigate significant adverse
transboundary impact and to monitor the effects of such measures at the
expense of the Party of origin;

(b) Other forms of possible mutual assistance in reducing any
significant adverse transboundary impact of the proposed activity; and

(c) Any other appropriate matters relating to the proposed activity.

The Parties shall agree, at the commencement of such consultations, on a
reasonable time-frame for the duration of the consultation period. Any such
consultations may be conducted through an appropriate joint body, where one
exists.

Article 6

FINAL DECISION

1. The Parties shall ensure that, in the final decision on the proposed
activity, due account is taken of the outcome of the environmental impact
assessment, including the environmental impact assessment documentation, as
well as the comments thereon received pursuant to Article 3, paragraph 8
and Article 4, paragraph 2, and the outcome of the consultations as
referred to in Article 5.

2. The Party of origin shall provide to the affected Party the final
decision on the proposed activity along with the reasons and considerations
on which it was based.

3. If additional information on the significant transboundary impact of a
proposed activity, which was not available at the time a decision was made
with respect to that activity and which could have materially affected the
decision, becomes available to a concerned Party before work on that
activity commences, that Party shall immediately inform the other concerned
Party or Parties. If one of the concerned Parties so requests,
consultations shall be held as to whether the decision needs to be revised.

Article 7

POST-PROJECT ANALYSIS

1. The concerned Parties, at the request of any such Party, shall determine
whether, and if so to what extent, a post-project analysis shall be carried
out, taking into account the likely significant adverse transboundary
impact of the activity for which an environmental impact assessment has
been undertaken pursuant to this Convention. Any post-project analysis
undertaken shall include, in particular, the surveillance of the activity
and the determination of any adverse transboundary impact. Such
surveillance and determination may be undertaken with a view to achieving
the objectives listed in Appendix V.

2. When, as a result of post-project analysis, the Party of origin or the
affected Party has reasonable grounds for concluding that there is a
significant adverse transboundary impact or factors have been discovered
which may result in such an impact, it shall immediately inform the other
Party. The concerned Parties shall then consult on necessary measures to
reduce or eliminate the impact.

Article 8

BILATERAL AND MULTILATERAL CO-OPERATION

The Parties may continue existing or enter into new bilateral or
multilateral agreements or other arrangements in order to implement their
obligations under this Convention. Such agreements or other arrangements
may be based on the elements listed in Appendix VI.

Article 9

RESEARCH PROGRAMMES

The Parties shall give special consideration to the setting up, or
intensification of, specific research programmes aimed at:

(a) Improving existing qualitative and quantitative methods for
assessing the impacts of proposed activities;

(b) Achieving a better understanding of cause-effect relationships
and their role in integrated environmental management;

(c) Analysing and monitoring the efficient implementation of
decisions on proposed activities with the intention of minimizing or
preventing impacts;

(d) Developing methods to stimulate creative approaches in the search
for environmentally sound alternatives to proposed activities, production
and consumption patterns;

(e) Developing methodologies for the application of the principles of
environmental impact assessment at the macro-economic level.

The results of the programmes listed above shall be exchanged by the
Parties.

Article 10

STATUS OF THE APPENDICES

The Appendices attached to this Convention form an integral part of the
Convention.

Article 11

MEETING OF PARTIES

1. The Parties shall meet, so far as possible, in connection with the
annual sessions of the Senior Advisers to ECE Governments on Environmental
and Water Problems. The first meeting of the Parties shall be convened not
later than one year after the date of the entry into force of this
Convention. Thereafter, meetings of the Parties shall be held at such other
times as may be deemed necessary by a meeting of the Parties, or at the
written request of any Party; provided that, within six months of the
request being communicated to them by the secretariat, it is supported by
at least one third of the Parties.

2. The Parties shall keep under continuous review the implementation of
this Convention, and, with this purpose in mind, shall:

(a) Review the policies and methodological approaches to
environmental impact assessment by the Parties with a view to further
improving environmental impact assessment procedures in a transboundary
context;

(b) Exchange information regarding experience gained in concluding
and implementing bilateral and multilateral agreements or other
arrangements regarding the use of environmental impact assessment in a
transboundary context to which one or more of the Parties are party;

(c) Seek, where appropriate, the services of competent international
bodies and scientific committees in methodological and technical aspects
pertinent to the achievement of the purposes of this Convention;

(d) At their first meeting, consider and by consensus adopt rules of
procedure for their meetings;

(e) Consider and, where necessary, adopt proposals for amendments to
this Convention;

(f) Consider and undertake any additional action that may be required
for the achievement of the purposes of this Convention.

 

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international

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Convention on Environmental Impact Assessment in a Transboundary Context.

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