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ENVIRONMENTAL IMPACT
ASSESSMENT
Ilona Jancarova
RIO DECLARATION ON ENVIRONMENT
AND DEVELOPMENT
Principle 17
• Environmental impact assessment, as a
national instrument, shall be undertaken
for proposed activities that are likely to
have a significant adverse impact on the
environment and are subject to a decision
of a competent national authority.
RIO DECLARATION ON ENVIRONMENT
AND DEVELOPMENT
Principle 19:
• States shall provide prior and timely
notification and relevant information to
potentially affected States on activities that
may have a significant adverse
transboundary environmental effect and
shall consult with those States at an early
stage and in good faith.
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ENVIRONMENTAL IMPACT
ASSESSMENT (EIA)
EIA - procedure enabling the assement of all the
impacts the proposed activity might have on the
environment
Goal - to embody the environmental protection to
development programs and projects and to
incorporate the environmental aspects to
decesion-making processes
ENVIRONMENTAL IMPACT
ASSESSMENT (EIA)
1969 National Environmental Policy Act (USA)
1991 Convention on environmental impact assessment in a
transboundary context (Espoo)
1998 Convention on Access to Information, Public Participation in
Decision-making and Access to Justice in Environmental
Matters (Aarhus Convention)
2003 Protocol to Espoo convention on the strategic environmental
impact assessment (SEA) (Kijev)
ESPOO CONVENTION
Aim:
• to prevent, reduce and control significant
adverse transboundary environmental
impact from proposed activities.
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CZECH NATIONAL LAW
• Act No. 100/2001 Coll., on environmental
impact assessment
• Act No. 183/2006 Coll., Building Code
• Act No. 114/1992 Sb. on nature protection
Aspects of the EIA procedure
1) Delimitation of activities:
- projects
- plans, programmes and policies
- changes of projects and plans
Appendix I – activities that are likely to cause a
significant adverse transboundary impact
- first category activities
- second category activities (screening
procedure)
Aspects of the EIA procedure
2) Timeliness:
Land-use planning
EIA procedure
Development consent
Construction permit
Permit to use
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Aspects of the EIA procedure
3) Complexity
- any direct and indirect effect caused by the
proposed activity on flora, fauna, soil, water, air,
climate, landscape and historical monuments
must be explored including interactions among
these factors
- „cradle to grave“ assessment
Aspects of the EIA procedure
4) Two-steps procedure to ensure the quality of the
outcome:
- notification
- screening and scoping procedure
- documentation
- review of the documentation
- environmental impact statement
Aspects of the EIA procedure
5) Participation of experts
- authorized persons
- ad hoc commission
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Aspects of the EIA procedure
6/ Participation of the
public
comments
public
hearing
access to
information
CEL - EIA STEPS
• Announcement of the projected activity
• Screening and scoping procedure
• Documentation
• Review of the documentation
• Public discussion
• Environmental impact statement
CEL - REALIZATION OF THE
PROJECT – PHASES (simplification)
• Compliance with the land-use planning
documentation
• Environmental impact statement
• Development consent based on binding opinions
issued by environmental authorities (nature
protection authority, air and water protection
authorities etc.)
• Building/construction permit including
IPPC/approvals of individual envi authorities
• Permit to operate
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TRANSBOUNDARY EIA
• Convention on Environmental Impact
Assessment in a Transboundary Context
(Espoo Convention)
• Convention on Access to Information,
Public Participation in Decision-making and
Access to Justice in Environmental Matters
(Aarhus Convention)
TRANSBOUNDARY EIA IN
PRACTICE
• The Chernobyl Nuclear Power Plant was situated
around 15 kilometres away from the Belarusian
border and Belarus was the country affected the
most by the disaster in 1986.
• Yet in 2013 Belarus started construction of a new
atomic power plant in Astravyets in close vicinity to
its border with the Republic of Lithuania and around
50 kilometres away from its capital city, Vilnius.
• Both states in question became a party to the Espoo
Convention.
TRANSBOUNDARY EIA IN PRACTICE
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DEFINITIONS
• "Parties" means, unless the text otherwise
indicates, the Contracting Parties to this
Convention;
• "Party of origin" means the Contracting Party or
Parties to this Convention under whose
jurisdiction a proposed activity is envisaged to
take place;
• "Affected Party" means the Contracting Party or
Parties to this Convention likely to be affected by
the transboundary impact of a proposed activity;
DEFINITIONS
• "The Public" means one or more natural or legal
persons and, in accordance with national
legislation or practice, their associations,
organizations or groups.
• "Competent authority" means the national
authority or authorities designated by a Party as
responsible for performing the tasks covered by
this Convention and/or the authority or
authorities entrusted by a Party with decisionmaking
powers regarding a proposed activity;
GENERAL OBLIGATIONS
• To take all appropriate and effective measures
to prevent, reduce and control significant
adverse transboundary environmental
impact from proposed activities.
• To establish the EIA procedure, with respect to
proposed activities listed in Appendix I.
• To ensure that in accordance with the provisions
of this Convention an EIA is undertaken prior to
a decision to authorize or undertake a proposed
activity listed in Appendix I.
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Lithuania´s Allegations
• A document submitted by Belarussian side to
Lithuania in June 2013 was designated as the final
EIA report the opportunity provided to the
public of the affected Party was not equivalent to
that provided to the public of the Party of origin.
Art. 2(3): The Party of origin shall ensure that in accordance
with the provisions of this Convention an environmental
impact assessment is undertaken prior to a decision to
authorize or undertake a proposed activity listed
in Appendix I that is likely to cause a significant adverse
transboundary impact.
Lithuania´s Allegations
• The time frame given to authorities and to the public of the
affected party to comment upon the EIA report was not
reasonable – 1000 ps. document
Art. 4(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.
Lithuania´s Allegations
• The translation of the document submitted to comments by Lithuanian
side was of a poor quality,
• Participation of the foreign public was obstructed by organizing the public
hearings in the territory of Belarusia,
• The opportunity provided to the public of the affected Party was not
equivalent to that provided to the public of the Party of origin.
Art. 3(8). The concerned Parties shall ensure that the public of the affected
Party in the areas likely to be affected be informed of, and be provided with
possibilities for making comments or objections on, the proposed activity, and
for the transmittal of these comments or objections to the competent authority
of the Party of origin, either directly to this authority or, where appropriate,
through the Party of origin.
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GENERAL OBLIGATIONS:
Notification
• Notification by the Party of origin (Art. 3)
• The Party of origin shall provide an opportunity to the
public in the areas likely to be affected to participate in
relevant environmental impact assessment procedures
regarding proposed activities and shall ensure that the
opportunity provided to the public of the affected
Party is equivalent to that provided to the public of
the Party of origin.
GENERAL OBLIGATIONS:
EIA documentatiton
• The Party of origin shall furnish the affected Party, as
appropriate through a joint body where one exists, with
the EIA 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.
GENERAL OBLIGATIONS:
Consultations
• After completion of the environmental impact
assessment documentation, the Party of origin shall,
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.
• The Parties shall agree, at the commencement of such
consultations, on a reasonable time-frame for the
duration of the consultation period.
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GENERAL OBLIGATIONS:
Consultations
• 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 and the outcome of the
consultations (Article 5).
• 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.
THE PROCEDURE OF
TRANSBOUNDARY EIA
1.Notification of the affected state (Art. 3(8)).
2.Preparation of EIA documentation (Art. 4(2)).
3.Consultation between party of origin and the
affected state on the basis of information supplied by
the state og origin (Art. 5).
4.Final decision (Art. 6)
5.Post-project analysis (Art. 7).
Lithuania´s Allegations
• A document submitted by Belarussian side to Lithuania in
June 2013 was designated as the final EIA report.
• The time frame given to authorities and to the public of the
affected party to comment upon the EIA report was not
reasonable.
• The translation of the document submitted to comments by
Lithuanian side was of a poor quality,
• Participation of the foreign public was obstructed by
organizing the public hearings in the territory of Belarusia,
• The opportunity provided to the public of the affected Party
was not equivalent to that provided to the public of the Party
of origin.
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REVIEW OF COMPLIANCE
• The Parties shall review compliance with the
provisions of this Convention on the basis of the
compliance procedure, as a non-adversarial and
assistance-oriented procedure adopted by the
Meeting of the Parties. The review shall be
based on, but not limited to, regular reporting by
the Parties. The Meeting of Parties shall decide
on the frequency of regular reporting required by
the Parties and the information to be included in
those regular reports.
DISPUTE SETTLEMENT
• If a dispute arises between two or more
Parties about the interpretation or
application of this Convention, they shall
seek a solution by negotiation or by any
other method of dispute settlement
acceptable to the parties to the dispute.
A small pacific island state's challenge to
a Czech coal-fired power plant extension
• Coal-fired plant at Prunerov is the 18th biggest source of
greenhouse gases in the European Union, emitting about
40 times more carbon dioxide than the entire Pacific island
federation.
• Micronesia (a small island some 6,000 km away) has filed a
plea with the Czech Ministry of Environment; it claimed that:
• Prague has failed to provide and asses all potential impacts
and possible alternatives to minimize adverse affects of
power plants - something Micronesia said was required
under Czech law.
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