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Environmental AssessmentThe Regulation of Decision Making$

Jane Holder

Print publication date: 2006

Print ISBN-13: 9780199207589

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780199207589.001.0001

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(p.336) Appendix V United Nations/Economic Commission for Europe Draft Protocol on Strategic Environmental Assessment (Kiev Protocol)

(p.336) Appendix V United Nations/Economic Commission for Europe Draft Protocol on Strategic Environmental Assessment (Kiev Protocol)

Source:
Environmental Assessment
Publisher:
Oxford University Press

(p.336) Appendix V

United Nations/Economic Commission for Europe Draft Protocol on Strategic Environmental Assessment (Kiev Protocol)

ARTICLE 4

Field of Application Concerning Plans and Programmes

  1. 1. Each Party shall ensure that a strategic environmental assessment is carried out for plans and programmes referred to in paragraphs 2, 3 and 4 which are likely to have significant environmental, including health, effects.

  2. 2. A strategic environmental assessment shall be carried out for plans and programmes which are prepared for agriculture, forestry, fisheries, energy, industry including mining, transport, regional development, waste management, telecommunications, tourism, town and country planning or land use, and which set the framework for future development consent for projects listed in annex I and any other project listed in annex II that requires an environmental impact assessment under national legislation.

  3. 3. For plans and programmes other than those subject to paragraph 2 which set the framework for future development consent of projects, a strategic environmental assessment shall be carried out where a Party so determines according to article 5, paragraph 1.

  4. 4. For plans and programmes referred to in paragraph 2 which determine the use of small areas at local level and for minor modifications to plans and programmes referred to in paragraph 2, a strategic environmental assessment shall be carried out only where a Party so determines according to article 5, paragraph 1.

  5. 5. The following plans and programmes are not subject to this Protocol:

    1. (a) Plans and programmes whose sole purpose is to serve national defence or civil emergencies;

    2. (b) Financial or budget plans and programmes.

ARTICLE 5

Screening

  1. 1. Each Party shall determine whether plans of programmes referred to in article 4, paragraphs 3 and 4, are likely to have significant environmental, including health, effects either through a case-by-case examination or by specifying types of plans and programmes or by combining both approaches. For this purpose each Party shall in all cases take into account the criteria set out in annex III.

  2. (p.337)
  3. 2. Each Party shall ensure that the environmental and health authorities referred to in article 9, paragraph 1, are consulted when applying the procedures referred to in paragraph 1 above.

  4. 3. To the extent appropriate, each Party shall endeavour to provide opportunities for the participation of the public concerned in the screening of plans and programmes under this article.

  5. 4. Each Party shall ensure timely public availability of the conclusion pursuant to paragraph 1, including the reasons for not requiring a strategic environmental assessment, whether by public notices or by other appropriate means, such as electronic media.

ARTICLE 6

Scoping

  1. 1. Each Party shall establish arrangements for the determination of the relevant information to be included in the environmental report in accordance with article 7, paragraph 2.

  2. 2. Each Party shall ensure that the environmental and health authorities referred to in article 9, paragraph 1, are consulted when determining the relevant information to be included in the environmental report.

  3. 3. To the extent appropriate, each Party shall endeavour to provide opportunities for the participation of the public concerned when determining the relevant information to be included in the environmental report.

ARTICLE 7

Environmental Report

  1. 1. For plans and programmes subject to strategic environmental assessment, each Party shall ensure that an environmental report is prepared.

  2. 2. The environmental report shall, in accordance with the determination under article 6, identify, describe and evaluate the likely significant environmental, including health, effects of implementing the plan or programme and its reasonable alternatives. The report shall contain such information specified in annex IV as may reasonably be required, taking into account:

    1. (a) current knowledge and methods of assessment;

    2. (b) the contents and the level of detail of the plan or programme and its stage in the decision-making process;

    3. (c) the interests of the public; and

    4. (d) the information needs of the decision-making body.

  3. 3. Each Party shall ensure that environmental reports are of sufficient quality to meet the requirements of this Protocol.

ARTICLE 8

Public Participation

  1. 1. Each Party shall ensure early, timely and effective opportunities for public participation, when all options are open, in the strategic environmental assessment of plans and programmes.

  2. (p.338)
  3. 2. Each Party, using electronic media or other appropriate means, shall ensure the timely public availability of the draft plan or programme and the environmental report.

  4. 3. Each Party shall ensure that the public concerned, including relevant non-governmental organizations, is identified for the purposes of paragraphs 1 and 4.

  5. 4. Each Party shall ensure that the public referred to in paragraph 3 has the opportunity to express its opinion on the draft plan or programme and the environmental report within a reasonable time frame.

  6. 5. Each Party shall ensure that the detailed arrangements for informing the public and consulting the public concerned are determined and made publicly available. For this purpose, each Party shall take into account to the extent appropriate the elements listed in annex V.

ARTICLE 9

Consultation with Environmental and Health Authorities

  1. 1. Each Party shall designate the authorities to be consulted which, by reason of their specific environmental or health responsibilities, are likely to be concerned by the environmental, including health, effects of the implementation of the plan or programme.

  2. 2. The draft plan or programme and the environmental report shall be made available to the authorities referred to in paragraph 1.

  3. 3. Each Party shall ensure that the authorities referred to in paragraph 1 are given, in an early, timely and effective manner, the opportunity to express their opinion on the draft plan or programme and the environmental report.

  4. 4. Each Party shall determine the detailed arrangements for informing and consulting the environmental and health authorities referred to in paragraph 1.

ARTICLE 10

Transboundary Consultations

  1. 1. Where a Party of origin considers that the implementation of a plan or programme is likely to have significant transboundary environmental, including health, effects or where a Party likely to be significantly affected so requests, the Party of origin shall as early as possible before the adoption of the plan or programme notify the affected Party.

  2. 2. This notification shall contain, inter alia:

    1. (a) The draft plan or programme and the environmental report including information on its possible transboundary environmental, including health, effects; and

    2. (b) Information regarding the decision-making procedure, including an indication of a reasonable time schedule for the transmission of comments.

  3. 3. The affected Party shall, within the time specified in the notification, indicate to the Party of origin whether it wishes to enter into consultations before the adoption of the plan or programme and, if it so indicates, the Parties concerned shall enter into consultations concerning the likely transboundary environmental, including health, effects of implementing the plan or programme and the measures envisage to prevent, reduce or mitigate adverse effects.

  4. (p.339)
  5. 4. Where such consultations take place, the Parties concerned shall agree on detailed arrangements to ensure that the public concerned and the authorities referred to in article 9, paragraph 1, in the affected Party are informed and given an opportunity to forward their opinion on the draft plan or programme and the environmental report within a reasonable time frame.

ARTICLE 11

Decision

  1. 1. Each Party shall ensure that when a plan or programme is adopted due account is taken of:

    1. (a) the conclusions of the environment report;

    2. (b) the measures to prevent, reduce or mitigate the adverse effects identified in the environmental report; and

    3. (c) the comments received in accordance with articles 8 to 10.

  2. 2. Each Party shall ensure that when a plan or programme is adopted the public, the authorities referred to in article 9, paragraph 1, and the Parties consulted according to article 10 are informed, and that the plan or programme is made available to them together with a statement summarizing how the environmental, including health, considerations have been integrated into it, how the comments received in accordance with articles 8 to 10 have been taken into account and the reasons for adopting it in the light of the reasonable alternatives considered.

ARTICLE 12

Monitoring

  1. 1. Each Party shall monitor the significant environmental, including health, effects of the implementation of the plans and programmes, adopted under article 11 in order, inter alia, to identify, at an early stage, unforeseen adverse effects and to be able to undertake appropriate remedial action.

  2. 2. The results of the monitoring undertaken shall be made available, in accordance with national legislation, to the authorities referred to in article 9, paragraph 1, and to the public.

ARTICLE 13

Policies and Legislation

  1. 1. Each Party shall endeavour to ensure that environmental, including health, concerns are considered and integrated to the extent appropriate in the preparation of its proposals for policies and legislation that are likely to have significant effects on the environment, including health.

  2. 2. In applying paragraph 1, each Party shall consider the appropriate principles and elements of this Protocol.

  3. 3. Each Party shall determine, where appropriate, the practical arrangements for the consideration and integration of environmental, including health, concerns in accordance with paragraph 1, taking into account the need for transparency in decision-making.

  4. 4. Each Party shall report to the Meeting of the Parties to the Convention serving as the Meeting of the Parties to this Protocol on its application of this article.