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The Draft of the Guidance - 2000

 

Annex

 C O N T E N T S

Introduction

I. GOALS AND OBJECTIVES OF THE GUIDANCE

II. RECOMMENDATIONS DEALING WITH THE PUBLIC PARTICIPATION PROVISIONS OF THE CONVENTION

III. GENERAL RECOMMENDATIONS

IV. RECOMMENDATIONS TO THE PARTIES

V. RECOMMENDATIONS TO THE PUBLIC

VI. RECOMMENDATIONS TO THE SECRETARIAT OF THE CONVENTION

VII. IMPLEMENTATION OF THE GUIDANCE

VIII. REVIEW

Appendix

List of international regulations, methodologies, information and other materials used for the development of the draft guidance.

 

Introduction

1. Principle 10 of the Declaration of the United Nations Conference on Environment and Development (UNCED) in Rio de Janeiro, Brazil emphasizes that environmental issues are best handled with the participation of all concerned citizens, at the relevant level[1]. Agenda 21 adopted by UNCED recognized the important role of public participation in environmental impact assessment in achieving sustainable development.[2]

2. The Convention on Environmental Impact Assessment in a Transboundary Context (EIA Convention)[3] is one of the basic documents in the implementation of ideas and principles of UNCED on sustainable development and in the development of the principles of civil society and democracy in the region of UN/ECE.

3. At the first meeting of the Parties to the EIA Convention (Oslo, 18-20 May 1998), it was agreed that the work-plan for the implementation of the EIA Convention for 1998-2000 should include work on public participation in (environmental impact assessment in) a transboundary context.

4. The Guidance was developed by the Russian Federation, as lead country, with financial support from Italy, with the assistance of the secretariat of the EIA Convention and an international group of experts from Armenia, Azerbaijan, Bulgaria, Estonia, Finland, Georgia, Germany, Italy, Kazakhstan, Kyrgyzstan, Latvia, Lithuania, Poland, Russian Federation, Slovakia, the former Yugoslav Republic of Macedonia, Turkmenistan, Ukraine, United Kingdom, United States of America, European Bank for Reconstruction and Development, European Commission and international NGOs: European ECO-Forum, Global Environment, International Public Network for Environmental Impact Assessment (IPNEIA) and International Social-Ecological Union (SEU). Most of these experts, including many from NGOs and countries in transition, took part in the international Workshop in Moscow (18-20 June 2000) where this draft Guidance was discussed, further developed and generally approved.

I. GOALS AND OBJECTIVES OF THE GUIDANCE

5. The main goal of this Guidance is to assist competent authority and the public in organizing effective public participation in environmental impact assessment in a transboundary context (named further - “in a transboundary EIA”) under the EIA Convention. The competent authorities of the UN/ECE member countries (including Parties and non-Parties to the EIA Convention) may use this Guidance to further develop their national regulations and bilateral and multilateral agreements for the effective implementation of the EIA Convention.

6. The main objectives of public participation in a transboundary EIA are to:

(a) Improve the quality of decisions with transboundary impacts;

(b) Stimulate comprehensively balanced and open environmental decision-making;

(c) Stimulate public debate of a proposed activity among all interested groups at an early stage of decision-making and preventing conflicts;

(d) Help to prevent or mitigate global and regional adverse environmental consequences of the decisions with transboundary impacts;

(e) Develop an understanding of final decisions with transboundary environmental impact at international and national levels.

7. Public participation in EIA in a transboundary context will:

(a) Be an instrument to improve relations between peoples and countries, as well as to prevent transboundary environmental conflicts;

(b) Develop civil society and democracy in the countries of the ECE region;

(c) Promote the presentation of relevant information to the participants of the environmental decision-making process at the right moment;

(d) Make people understand and respect the final decisions on projects;

(e) Give an insight into environmental protection and long-term environmental problems.

II. RECOMMENDATIONS DEALING WITH THE PUBLIC PARTICIPATION PROVISIONS OF THE CONVENTION

8. The EIA Convention states (art. 2, para. 2) that “Each Party shall take the necessary legal, administrative or other measures to implement the provisions of this Convention, including "...the establishment of an environmental impact assessment procedure that permits public participation…".

This suggests that:

(a) The Party of origin should support the participation of its own public and the public of the affected Party in a transboundary EIA by taking the necessary legal, administrative or other measures; and

(b) The affected Party should support the participation of its own public in a transboundary EIA, including, if necessary, the participation of the public of the affected Party in appropriate procedures in the Party of origin, taking the necessary legal, administrative or other measures.

9. The EIA Convention also states (art. 2, para. 6) that “The Party of origin shall provide, in accordance with the provisions of this Convention, 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.”

This article is the general provision for public participation and it is specifically important because it indicates that the public participation procedures should be equivalent for both Parties.

This suggests, for example, that if the public of the Party of origin has an opportunity to take part in the public hearings dealing with the proposed activity, the Party of origin should provide the same opportunity to the public of the affected Party.

10. Moreover, the EIA Convention stipulates (art. 3, para. 1) that “For a proposed activity …the Party of origin shall… notify any Party which it considers may be an affected Party as early as possible and no later than when informing its own public about that proposed activity." This suggests that:

(a) The Party of origin should notify its own public as early as possible about the proposed activity and about the start of the EIA procedure; and

(b) The Party of origin should notify any Party which it considers may be an affected Party (including the public of this Party) as early as possible and no later than when informing its own public about that proposed activity.

11. According to the EIA Convention (art. 3, para. 2), “This notification shall contain, inter alia:

(a) Information on the proposed activity, including any available information on its possible transboundary impact;

(b) The nature of the possible decision; and

(c) An indication of a reasonable time within which a response under paragraph 3 of this Article is required, taking into account the nature of the proposed activity; and may include the information set out in paragraph 5 of this Article."

The information mentioned in paragraph 5 of Article 3 of the EIA Convention included:

"(a) Relevant information regarding the environmental impact assessment procedure, including an indication of the time schedule for transmittal of comments; and

(b) Relevant information on the proposed activity and its possible significant adverse

transboundary impact."

 This implies that the Party of origin should send the information mentioned in paragraph 12 above to its own public and to the public of any Party which it considers may be an affected Party (translated into the language of this Party) as early as possible and no later than when informing its own public about that proposed activity.

12. The EIA Convention also states (art.3, para. 8) that “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."

This paragraph is part of the Article of the EIA Convention dealing with notification, which suggests that public participation should took place as early as possible in a transboundary EIA procedure. The Parties concerned are expected to make the practical arrangements for such public participation.

This suggests that:

(a) The Party of origin should be responsible for the translation (into the language(s) of the affected Party(ies)) of all the documents which are disseminated within the procedure of a

transboundary EIA, for providing the information and for receiving the comments;

(b) The Party of origin, if necessary, can recover the cost from the proponent of the activity;

(c) The Party of origin could distribute the information to the public by means of the mass

media, e-mail, the Internet, public hearings or by other appropriate way;

(d) The affected Party should be responsible for collecting the comments from the public,

analysing the comments and sending them to the Party of origin.

 13. The EIA Convention lays down (art. 4 para. 2) that “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."

This suggests that:

(a) The Party of origin should transmit the EIA documentation to the affected Party and receive comments;

(b) The Party of origin should be responsible for the translation of the EIA documentation, of the comments received from the affected Party and of the all documentation which the Parties concerned sent each other during the transboundary EIA procedure;

(c) The Party of origin has to take into account the comments received from the affected Party, including the comments from the public;

(d) The affected Party should specify the arrangements for distributing the EIA documentation to its own authorities and the public and collect these comments and transmit them to the Party of origin or its competent authorities.

III. GENERAL RECOMMENDATIONS

14. The competent authorities and the public of the Parties concerned and joint bodies (where they exist) should consider public participation in a transboundary EIA as one of the most important elements of this procedure which lead to make environmental decision-making of this kind more effective.

 15. Public participation in a transboundary EIA should take place in a manner that takes full account of the rights and responsibilities of the competent authorities and the public. It should also take into account the national traditions, institutions and social structure.

16. The EIA Convention defines (art.1 (x)) "The public" as "one or more natural or legal persons". However, the EIA Convention imposes some restrictions on public involvement in transboundary EIA.[4] That is why it is recommended that the Parties concerned, where possible, should use, for the purpose of this Guidance, a definition of the public which was developed by the UN/ECE for the 1998 Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters:

"The public means one or more natural or legal persons, and, in accordance with national legislation or practice, their associations, organizations or groups" (art. 2, para. 2) and "the public shall have the possibility to participate in decision-making in environmental matters, [including transboundary EIA] without discrimination as to citizenship, nationality or domicile" (art.3, para.9).

17. The information for the public on a transboundary EIA should be available and effectively accessible for inspection free of charge. This could be done among others through the establishment of international and national documentation centres, libraries, databases, Web-sites on the Internet, e-mail and other means of communication and dissemination of information.

 18. Procedures for public participation in a transboundary EIA should allow the public to submit, in writing or, as appropriate, at a public hearing or inquiry with the proponent of proposed activity, any comments, information, analyses or opinions that it considers relevant to the proposed activity.

19. The Parties, the competent authorities, public and the secretariat of the EIA Convention would promote international and national public networks and public centres on EIA to facilitate public participation in EIA procedures at the international and national levels.

20. The details of public participation in a transboundary EIA may be included into bilateral and multilateral agreements or other arrangements so that the EIA Convention can have its full effect. Cooperation between public and competent authorities of the Parties concerned should be encouraged to make public participation in transboundary EIA more efficient.

21. The participation of the proponent of the proposed activity in the transboundary EIA procedure, including financial support for public participation in this procedure, is very important for the implementation of the EIA Convention. Proponents should provide financial support for organizing public participation in transboundary EIA. This support may be used for:

(a) Translating the EIA documentation into the language of affected Party and translating the comments and recommendations of the public of the affected Party into the language of the Party of origin;

(b) Distributing materials within the affected Party;

(c) Meetings of the public of the Parties concerned; and

(d) For other purposes relevant to public participation in a transboundary EIA.

IV. RECOMMENDATIONS TO THE PARTIES

22. The Parties concerned should notify the public of the Party of origin and the public of the affected Party as early as possible about that proposed activity, about the start of the procedure of transboundary EIA and about the public opportunity to participate in this procedure. This is a prerequisite for effective public participation in EIA.

 23. The notification should contain, inter alia, the following information:

(a) Information on the proposed activity and the application on which a decision will be taken, including any available information on its possible transboundary impact. This information shall, as a minimum, contain:

(i) A description of the proposed activity and its purpose;

(ii) A description, where appropriate, of reasonable alternatives (for example, location

or technological) to the proposed activity and also the no-action alternative;

(iii) A description of the environment likely to be significantly affected by the

proposed activity and its alternatives;

(iv) A description of the potential environmental impact of the proposed activity and its

alternatives and an estimation of its significance;

(v) A description of mitigation measures to keep adverse environmental impact to a

minimum;

(vi) An explicit indication of predictive methods and underlying assumptions as

well as the relevant environmental data used;

    (vii) An identification of gaps in knowledge and uncertainties encountered in

compiling the required information;

    (viii) Where appropriate, an outline for monitoring and management programmes

and any plans for post-project analysis; and

      (ix) A non-technical summary including a visual presentation as appropriate

(maps, graphs, etc.);

(b) The nature of the possible decisions or the draft decision and information about other forms of possible mutual assistance in reducing any significant adverse transboundary impact of the proposed activity;

(c) An indication of a reasonable time for receiving comments of the public, taking into account the nature of the proposed activity;

(d) The public authority responsible for making the decision;

(e) The envisaged transboundary EIA procedure, including, as and when this information can be provided:

(i) The commencement of the procedure;

(ii) The opportunities for the public to participate;

(iii) The time and venue of any envisaged public hearing;

(iv) An indication of the public authority from which relevant information can be

obtained and where the relevant information has been deposited for

examination by the public;

(v) An indication of the relevant public authority or any other official body to which comments or questions can be submitted and of the time schedule for transmittal of comments or questions; and

(vi) An indication of what information relevant to the proposed activity is available.

 24. The Parties concerned should be encouraged to ensure that the public has access to the transboundary EIA procedure. In particular, the Parties are encouraged to:

(a) Promote the application of the principles of public participation in a transboundary EIA at all levels of the decision-making process;

(b) Develop ways to further strengthen public participation in a transboundary EIA;

(c) Open up their work for the public, so that they can work as partners in decision-making and the implementation of the EIA Convention;

(d) Support the participation of representatives of the public as observers in meetings of joint bodies (when they exist) and subsidiary bodies of the EIA Convention.

Where appropriate, the Parties should give the public additional assistance and explanations dealing with public participation in a transboundary EIA.

 25. The Parties concerned should provide for early public participation in a transboundary EIA, when all options are open and effective public participation can take place. They should provide reasonable timeframes for the public to participate in the different phases of transboundary EIA, allowing sufficient time for informing the public and for the public to prepare and participate effectively during the transboundary EIA procedure.

 26. In development of the procedure of public participation in a transboundary EIA, attention should be paid to the following aspects: who would be the public (by impact and interest, sector or location); which techniques should be used, in what stages of the project, taking into account the purpose of the public participation.

 27. The Parties concerned have to  ensure that in the decision on the proposed activity due account is taken of the outcome of the public participation in the transboundary EIA.

 28. The Party of origin should ensure that, when the decision has been taken by the competent authority, the public is promptly informed of the decision in accordance with the appropriate procedures. The Party of origin should make accessible to the public the text of the decision along with the main reasons and considerations on which the decision is based, including information about which recommendations of the public were used, and which were not, and the reasons for this.

  29. The Parties should promote environmental education and training for the general public, specified target groups and competent authorities, especially regarding the methods and techniques of organizing public participation in transboundary EIA and the implementation of this Guidance. Joint training and education of the representatives of the competent authorities and the public is the most effective.

  30. The Parties should actively publicize the available information about the implementation of the EIA Convention in the official languages of UN/ECE. Moreover, they should prepare this information in their own language together with relevant resolutions, recommendations and other documents of the events and structures of under the EIA Convention.

  31. The Parties are encouraged to meet their legal obligations to distribute information about proposed activities and possible public participation in transboundary EIA.

32. The Parties should facilitate public participation in transboundary EIA. Special efforts should be made to promote public participation in this procedure if it is of particular interest to regional and local communities that live near the border.

33. The Parties concerned are encouraged to involve the public in the process of determining whether, and if so to what extent, a post-project analysis shall be carried out according to the provisions of the EIA Convention [5] and national legislation.

34. They are also encouraged to support public participation in the preparation of the decisions on plans and programmes with potential significant adverse transboundary impact, and in the  preparation of international treaties relating to a transboundary EIA.

35. The Parties should ensure that those involved in a transboundary EIA procedure are not penalized in any way for activities that are otherwise lawful.

  36. The Parties concerned should, within the framework of their national legislation, ensure that any person who considers that his or her request for participation in a transboundary EIA has been ignored, wrongfully refused, whether in part or in full, or inadequately answered, has access to a review procedure before a court of law or another independent and impartial body established by law.

 

V. RECOMMENDATIONS TO THE PUBLIC

 37. The public should participate in transboundary EIA to increase the quality of environmental decisions.

 38. The public should organize itself for effective participation in a transboundary EIA by:

(a) Developing contacts and cooperation with relevant local, national, foreign and international NGOs and experts, that may be involved in transboundary EIA;

(b) Organizing and participating in activities of national and international public networks and public centres on EIA;

(c) Taking part in education and training programmes on EIA;

(d) Supporting in the dissemination of information about the provisions and the implementation of the EIA Convention, case studies, and other relevant information dealing with transboundary EIA.

 39. When the public of a Party considers that it would be affected by a significant adverse transboundary impact of a proposed activity, and when no notification has taken place in accordance with the provisions of the EIA Convention[6],  the public of the affected Party should apply to its competent authority to enter into a process of discussions with the competent authorities of the Party of origin on whether there is likely to be a significant adverse transboundary impact according to the provisions of the EIA Convention[7]. In this situation, if the public of a Party considers that it would be affected by a significant adverse transboundary impact of a proposed activity, it may request the competent authorities of Parties concerned to allow public participation in a transboundary EIA procedure under the provisions of the EIA Convention and this Guidance. In these cases the Parties concerned are encouraged to include the public that made the request in the procedure of transboundary EIA.

40. If the public of the affected Party sends its comments to the competent authority of the Party of origin, either directly to this authority or, where appropriate, through the Party of origin[8],  it should also send copies of these comments to competent authorities of the affected Party.

41. The public should be encouraged to take part in transboundary EIA together with representatives of the competent authorities of the Parties concerned, the public of other countries, and the secretariat of the EIA Convention on a basis of partnerships, cooperation and objectivity.

VI. RECOMMENDATIONS TO THE SECRETARIAT OF THE CONVENTION

 42. The secretariat of the EIA Convention should play an important role in the dissemination of information about the implementation of the EIA Convention and projects that are being implemented under this Convention in the UN/ECE region, and in supporting public participation in transboundary EIA. For that purpose, it should have a budget that allows it to support the development and maintenance of Web sites on the Internet, databases, the distribution of information and any other activity dealing with public participation in a transboundary EIA under the provisions of the EIA Convention and this Guidance.

VII. IMPLEMENTATION OF THE GUIDANCE

 43. The Parties, the competent authorities, the public and the secretariat of the EIA Convention are encouraged to adopt the necessary measures for the implementation of this Guidance. These include the establishment of a clear regulatory framework providing procedural and institutional mechanisms and proper compliance programmes. A special role should be given to the regional and local populations, regional and local governments, and indigenous people.

 44. The Guidance should be made available by putting it on the Convention's database (ENIMPAS).

45. Nothing in this Guidance shall be construed as diminishing any of the rights of public participation in impact assessment or in other environmental decision-making processes which are or may be guaranteed under the laws of any Parties or under any agreement to which it is a Party.

46. The provisions of this Guidance shall not affect the right of a Party to maintain or introduce measures providing for more extensive public participation in environmental impact assessment than required by this Guidance.

VIII. REVIEW

  47. The Parties, the competent authorities and the public (at national, regional and local levels), and the secretariat of the EIA Convention are encouraged to collect and disseminate information dealing with any aspects of public participation in transboundary EIA. This information will be used for further developing and reviewing this Guidance.

 48. The Parties should consider the extent to which this Guidance has been implemented, and review it at their third meeting on the basis of national reports to be provided to the secretariat by June 2002 at the latest.

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Appendix

 

List of international regulations,

methodologies, information and other materials used for the development of the draft guidance.

1.      Agenda 21. Adopted by the UN Conference for Environment and Development (UNCED) at Rio de Janeiro. 1992. UN. 1993.

2.      Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters (Aarhus, 25.06.1998). UN/ECE. 1999.

3.      Convention on Environmental Impact Assessment in a Transboundary Context (Espoo, 25.02.1991). UN/ECE. 1991.

4.      Convention on the Protection and Use of Transboundary Watercourses and International Lakes (Helsinki, 17.03.1992). UN/ECE. 1994.

5.      Convention on the Transboundary Effects of Industrial Accidents (Helsinki, 17.03.1992). UN/ECE. 1994.

6.      Council Directive 85/337 of June 27, 1985, on the assessment of the effect of certain public and private projects on the environment. Official Journal of the European Communities. 1985.  No L 175.

7.      Council Directive  90/313 of June 7, 1990, on the freedom of access to information on the environment. Official Journal of the European Communities. 1990. No L 158.

8.      Council Directive 97/11 of March 3, 1997 amending, Directive 85/337/EEC on the assessment of the effect of certain public and private projects on the environment. Official Journal of the European Communities. 1997. No L 73.

9.      Declaration of the UN Conference for Environment and Development (UNCED) at Rio de Janeiro. 1992. UN. 1993.

10.  Draft Guidelines on Public Participation in Water Management. Second Meeting of the Parties to the Convention on the Protection and Use of Transboundary Watercourses and International Lakes (The Hague, Netherlands, 23-25 March 2000). UN/ECE. MP.WAT/2000/6. 20 December 1999.

11.  Draft report: Practical application of the UN/ECE Convention on Environmental Impact Assessment in a Transboundary Context. Circular fax of the Secretariat to the EIA Convention to the focal points to the EIA Convention of 21.10.1999.

12.  Economic Commission for Europe. Environmental Series. No. 1. Application of Environmental Impact Assessment: Highways and dams. Geneva. UN/ECE. 1987.

13.  Economic Commission for Europe. Environmental Series. No. 3. Post-project Analysis in Environmental Impact Assessment. Geneva. UN/ECE. 1990.

14.  Economic Commission for Europe. Environmental Series. No. 4. Policies and Systems of Environmental Impact Assessment. Geneva. UN/ECE. 1991.

15.  Economic Commission for Europe. Environmental Series. No. 5. Application of Environmental Impact Assessment Principles to Policies, Plans and Programmes. Geneva. UN/ECE. 1992.

16.  Economic Commission for Europe. Environmental Series. No. 6. Current Policies, Strategies and Aspects of Environmental Impact Assessment in a Transboundary Context. Geneva. UN/ECE. 1996.

17.  Environmental  Assessment  Sourcebook. V.1. World  Bank technical paper N 139. Washington, D.C. World Bank. 1991.

18.  Environmental Action Programme for Central and Eastern Europe. Document submitted to the Ministerial Conference, Lucerne. Switzerland. Lucerne. OECD and World Bank. 1993.

19.  Environmental Impact Assessment: Issues, Trends and Practice. UNEP. 1996.

20.  Environmental Impact Assessment Training Resource Manual. UNEP. 1996.

21.  Environmental Procedures. European Bank for Reconstruction and Development. London. 1992, 1996.

22.  Guidelines for Environmental Impact Assessment (EIA) in the Arctic. Arctic Environmental Protection Strategy. Finnish Ministry of the Environment. 1997.

23.  Guidelines on Access to Environmental Information and Public Participation in Environmental Decision-Making. As endorsed by the Third Ministerial Conference ‘Environment for Europe’ (23–25.10.95, Sofia, Bulgaria). Geneva. UN/ECE. 1996.

24.  Guidelines on Integrated Environmental Management in Countries in Transition (ECE/UNEP).  Geneva. UN/ECE. 1994.

25.  Manual on Public Participation in Environmental Decisionmaking. Regional Environmental Center. Budapest. 1994.

26.  Methodology, focalization, evaluation and scope of Environmental Impact Assessment. Third report. Evaluation of the public participation in EIA. NATO CCMS Pilot Study. Verheyen R. (Co-ordinator), Nagels K. (Redaction). University of Antwerp. 1995.

27.  Proposal for a Council Directive on assessment of the effect of certain plans and programmes on the environment. Official Journal of the European Communities. 1997.  No C 129.

28.  Public Participation and Consultation in EIA and SEA. Workshop report (Athens, 23-24 September 1999). European Commission – DG Environment. ERM. London. 2000.

29.  Public participation in environmental impact assessment. Report submitted by the delegation of the Russian Federation. Fourth Meeting of the Signatories to the Convention on Environmental Impact Assessment in a Transboundary Context (Geneva, 14 - 17 March 1995). UN/ECE. CEP/WG.3/R.5.

30.  Recommendations to ECE Governments. In book: Methods and Techniques for Prediction of Environmental Impact. UN/ECE. ECE/ENVA/21. Geneva. 1992.

31.  Strategic Environmental Assessment. Note by the secretariat. Working Group on Environmental Impact Assessment (Second meeting, Geneva, 29-31 May 2000), Meeting of the Signatories to the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (Second meeting, Dubrovnik, Croatia, 3-5 July 2000.MP.EIA/WG.1/2000/16; CEP/WG.5/2000/9. UN/ECE. 17 April 2000.

32.         Towards Sustainability. A European Community programme of policy and action in relation to the environment and sustainable development. Official Journal of the European Communities.  17.5.1993. No C 138.

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[1]  Declaration of the United Nations Conference for Environment and Development (UNCED) at Rio de Janeiro, 1992.

[2] Agenda 21, item 23.2, Adopted by the United Nations Conference for Environment and Development (UNCED) at Rio de Janeiro, 1992. Agenda 21, item 23.2, Adopted by the United Nations Conference for Environment and Development (UNCED) at Rio de Janeiro, 1992.

[3] Convention on Environmental Impact Assessment in a Transboundary Context (Espoo, 25.02.1991). UN/ECE. 1991. MP.EIA/WG.1/2000/19. Convention on Environmental Impact Assessment in a Transboundary Context (Espoo, 25.02.1991). UN/ECE. 1991. MP.EIA/WG.1/2000/19.

[4] Only “public in the areas likely to be affected” may be involved in the transboundary EIA according to the EIA Convention (Art. 2, para. 6, Art. 3, para. 8, and Art. 4, para. 2).

[5] The EIA Convention, Article 7, and Appendix V.

[6] The EIA Convention, Article 3, paragraph 1.

[7] The EIA Convention, Article 3, paragraph 7.

[8] The EIA Convention, Article 4, paragraph 2.