EIA

Question 1

What are the key obligations under the Espoo convention?

Answer 1

• art. 2 (1): states are required to take ‘all appropriate and effective measures to prevent, reduce and control significant adverse transboundary environmental impact from proposed activities’
• art. 2 (2): states are obliged to, in the case of a defined list of activited set out in appendix 1 that are ‘likely to cause significant adverse transboundary impact’, to take necessary measures to establish an EIA procedure that permits public participation and preparation of specified EIA documentation
• art. 2 (3): the EIA must be undertaken prior to the decision to authorise or undertake the proposed activity
• a number of obligations to notify: aftected states needs to be notified in advance, people in areas that are likely to be affected needs to have the opportunity to participate in EIA procedures
• art. 5: after EIA is completed, the Party of origin must enter into consultations with the affected Party
• art. 6 (1): the Parties must ensure that in the finale decision of the proposed activity, ‘due account is taken of the outcome’ of the EIA

Question 2

What are some differences between the Espoo convention and the EU regulation on EIA?

Answer 2

• The Espoo convention only applies in transboundary context
• Appendix 1 projects requires an EIA, but only if it is likely to cause significant transboundary effect (not a mandatory EIA), no screening process in annex 1 of the EIA directive, it requires an EIA

Question 3

In which instances does the EIA Directive apply?

Answer 3

For private and public ‘projects’. This is defined within the Directive.

Question 4

In which instances does the SEA Directive apply?

Answer 4

For ‘plans and programmes’. This is defined within the Directive. This means that the Directive works at a decision-making level.

Question 5

What do the EIA and SEA Directive have in common?

Answer 5

They are both procedural requirements, and the Member States are under not obligation to make a decision based on what is in the best interests of the environment.

Question 6

How does the EIA directive implement the Aarhus convention?

Answer 6

• it implements the requirements of public participation and access to justice layed down in the convention
• the public is defined in the directive, they should be given the opportunity to participate in decision-making, and be able to express their opinion before the decision is made