The importance of crossborder EIAs:The importance of crossborder EIAs:

an EU’s standpointan EU’s standpoint

Workshop on Workshop on The Espoo Convention and the Russian The Espoo Convention and the Russian Federation: opportunities and challengesFederation: opportunities and challenges

Friday, 21 September 2007, Moscow

Claude Rouam, Enlargement and Neighbouring Countries,

DG Environment, European Commission

UNECE ChronologyUNECE Chronology EU ChronologyEU Chronology

19851985 EIA Directive 85/337EIA Directive 85/337

19911991 ESPOO ConventionESPOO Convention

19971997EIA Directive amended 97/11EIA Directive amended 97/11

(Espoo)(Espoo)

20012001 SEA Directive 2001/42SEA Directive 2001/42

May 2003May 2003SEA Protocol to ESPOO SEA Protocol to ESPOO

ConventionConvention

May 2003May 2003EIA Directive amended 2003/35EIA Directive amended 2003/35

(Aarhus)(Aarhus)

Environmental Impact Assessment: Environmental Impact Assessment: Chronology in UNECE and EUChronology in UNECE and EU

EIA according to EU legislation: EIA according to EU legislation: What assessment?What assessment?

EIA must identify, describe, EIA must identify, describe, assess assess likely directlikely direct and and indirectindirect environmental effects of activities onenvironmental effects of activities on• human beings,human beings,• fauna, flora, soil, water, air, climate, fauna, flora, soil, water, air, climate,

landscape,landscape,• material assets, cultural heritage,material assets, cultural heritage,• the interaction between those factors.the interaction between those factors.

EIA according to EU legislation: EIA according to EU legislation: What projects?What projects?

Annex I Annex I projectsprojects

Annex IIAnnex IIprojectsprojects

Mandatory Mandatory EIAEIA

Screening Screening by Competent authorities by Competent authorities

to decide if to decide if EIA needed or notEIA needed or not

EIA according to EU legislation: 5 EIA according to EU legislation: 5 main stepsmain steps

ScreeningScreeningOnly for Annex IIOnly for Annex II

projectsprojects

ScopingScoping Upon request of the Upon request of the developerdeveloper

Environmental informationEnvironmental information The “Report”The “Report”

Consultation on Consultation on environmental informationenvironmental information

Public, Env. Public, Env. Authorities…Authorities…

DecisionDecisionTakes account of Takes account of

env. inf and env. inf and consultationsconsultations

Transboundary EIA examples in EU countriesTransboundary EIA examples in EU countries

Member stateMember state Country of Country of origin of origin of projects projects (no.)(no.)

Affected Affected country of country of projects projects (no.)(no.)

Type of projectType of project

AustriaAustria 33 Waste-water treatment, harbour, nuclear storageWaste-water treatment, harbour, nuclear storage

DenmarkDenmark 33 99 Windfarms, gas pipelines, airport, marine dredgingWindfarms, gas pipelines, airport, marine dredging

FinlandFinland 77 55 Power plants, nuclear plants and storage, gas Power plants, nuclear plants and storage, gas pipelines and power lines, flood prevention, pipelines and power lines, flood prevention, industrial industrial

GermanyGermany 44 33 Nuclear plant and radioactive waste, gas Nuclear plant and radioactive waste, gas pipelines, windfarms, airport, rail line, marine pipelines, windfarms, airport, rail line, marine dredgingdredging

NetherlandsNetherlands c.25c.25 c.12c.12 Airport, container terminal, harbour developments, Airport, container terminal, harbour developments, motorways, railway lines, wind farms, waste motorways, railway lines, wind farms, waste incinerator, uranium enrichment, industrial zone, incinerator, uranium enrichment, industrial zone, agricultural intensification, land development, agricultural intensification, land development, mineral extraction, marine dredging, flood control, mineral extraction, marine dredging, flood control, groundwater abstractiongroundwater abstraction

Ratified Ratified Convention & Convention & first & first & second second AmendmentsAmendments

Ratified Ratified Convention & Convention & first first AmendmentAmendment

Ratified Ratified ConventionConvention

Signed Signed ConventionConvention

Other UNECE Other UNECE member member StateState

Status of ratification of ESPOO Convention in the EUStatus of ratification of ESPOO Convention in the EU

"European Principles for the Environment""European Principles for the Environment"

Signatories: Signatories: EIB, EBRD, Nordic Investment Bank, NEFC, Council of Europe, Deutsch EIB, EBRD, Nordic Investment Bank, NEFC, Council of Europe, Deutsch BankBank

Extract:Extract: “In the EU, the EEA countries, the EU Acceding, Candidate and “In the EU, the EEA countries, the EU Acceding, Candidate and potential Candidate Countries, the Signatories hereby agree to provide potential Candidate Countries, the Signatories hereby agree to provide financing to public or private sponsors of projects only where the financing to public or private sponsors of projects only where the projects comply with the above principles and the relevant secondary projects comply with the above principles and the relevant secondary EU legislation. Of the EU secondary legislation particular emphasis is EU legislation. Of the EU secondary legislation particular emphasis is given to:given to:

• The EU acquis related to environmental assessment; The EU acquis related to environmental assessment; • (…)(…)

• We also agree that projects in this region should comply with any We also agree that projects in this region should comply with any obligations and standards enshrined in relevant Multilateral Environmental obligations and standards enshrined in relevant Multilateral Environmental Agreements (MEAs), according to applicable EU law (…).Agreements (MEAs), according to applicable EU law (…).

• In all other countries, projects financed by the Signatories are expected to In all other countries, projects financed by the Signatories are expected to comply with the appropriate EU environmental principles, practices and comply with the appropriate EU environmental principles, practices and standards - and with regard to EU financing, due respect for the European standards - and with regard to EU financing, due respect for the European Neighbourhood Policy and the EU policy towards Russia -, subject to local Neighbourhood Policy and the EU policy towards Russia -, subject to local conditions. In such financing, we will apply the EPE, with reference to such conditions. In such financing, we will apply the EPE, with reference to such factors as the costs of application, the local conditions that prevail and the factors as the costs of application, the local conditions that prevail and the time frame for the phased application for implementing the EPE”.time frame for the phased application for implementing the EPE”.

The World Bank: Operational Policy The World Bank: Operational Policy 4.01 (extract)4.01 (extract)

1. The Bank requires environmental assessment 1. The Bank requires environmental assessment (EA) of projects proposed for Bank financing to (EA) of projects proposed for Bank financing to help ensure that they are environmentally sound help ensure that they are environmentally sound and sustainable, and thus to improve decision and sustainable, and thus to improve decision making(…)making(…)

3. EA takes into account the natural environment 3. EA takes into account the natural environment (air, water and land); human health and safety; (air, water and land); human health and safety; social aspects (involuntary resettlement, social aspects (involuntary resettlement, indigenous peoples, and physical cultural indigenous peoples, and physical cultural resources; and transboundary and global resources; and transboundary and global environmental aspects*.environmental aspects*.

** Global environmental issues include climate change, ozone-Global environmental issues include climate change, ozone-depleting substances, pollution of international waters, and adverse depleting substances, pollution of international waters, and adverse impacts on biodiversity.impacts on biodiversity.

Concluding remarks: some reasons Concluding remarks: some reasons to promote transboundary EIAsto promote transboundary EIAs

EIA remains a tool to reduce projects costs EIA remains a tool to reduce projects costs (taking into account externalities)(taking into account externalities)

Globalisation of the economy: globalisation of Globalisation of the economy: globalisation of environmental challengesenvironmental challenges

Convergence of requirements of International Convergence of requirements of International Financial InstitutionsFinancial Institutions

International investors prefer to comply with one International investors prefer to comply with one set of rules such as ESPOO rather than ad hoc set of rules such as ESPOO rather than ad hoc requirementsrequirements

Multiplication of cases in the recent years Multiplication of cases in the recent years confirming that EIAs cannot be done on an confirming that EIAs cannot be done on an exclusive national basis: Temelin, Rosia Montana, exclusive national basis: Temelin, Rosia Montana, Ilisu Dam, Bystroe Canal, Baku/Tbilisi/Ceyhan, Ilisu Dam, Bystroe Canal, Baku/Tbilisi/Ceyhan, Ignalina NPP, Nordstream and many others!Ignalina NPP, Nordstream and many others!

Thank you very much for Thank you very much for your attention.your attention.