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1991: Convention On Environmental Impact Assessment In A Transboundary Context

Related Lineage is: Environmental Impact Assessment
  Provision  First Coders Codes  Second Coders Codes 
Titl.1  CONVENTION ON ENVIRONMENTAL IMPACT ASSESSMENT IN A TRANSBOUNDARY CONTEXT  TITL  TITL 
Src.1  SRC: http://www.unece.org/env/eia/documents/conventiontextenglish.pdf, 20040526  SRC  SRC 
Pre.1  The Parties to this Convention,  DESC GOAL  DESC GOAL 
Pre.2  Aware of the interrelationship between economic activities and their environmental consequences,     
Pre.3  Affirming the need to ensure environmentally sound and sustainable development,     
Pre.4  Determined to enhance international co-operation in assessing environmental impact in particular in a transboundary context,  SCIR  SCIR 
Pre.5  Mindful of the need and importance to develop anticipatory policies and of preventing, mitigating and monitoring significant adverse environmental impact in general and more specifically in a transboundary context,  SCIR  SCIR 
Pre.6  Recalling the relevant provisions of the Charter of the United Nations, the Declaration of the Stockholm Conference on the Human Environment, the Final Act of the Conference on Security and Co-operation in Europe (CSCE) and the Concluding Documents of the Madrid and Vienna Meetings of Representatives of the Participating States of the CSCE,  RELA  RELA 
Pre.7  Commending the ongoing activities of States to ensure that, through their national legal and administrative provisions and their national policies, environmental impact assessment is carried out,  SCIR  SCIR 
Pre.8  Conscious of the need to give explicit consideration to environmental factors at an early stage in the decision-making process by applying environmental impact assessment, at all appropriate administrative levels, as a necessary tool to improve the quality of information presented to decision makers so that environmentally sound decisions can be made paying careful attention to minimizing significant adverse impact, particularly in a transboundary context,  SCIR  SCIR 
Pre.9  Mindful of the efforts of international organizations to promote the use of environmental impact assessment both at the national and international levels, and taking into account work on environmental impact assessment carried out under the auspices of the United Nations Economic Commission for Europe, in particular results achieved by the Seminar on Environmental Impact Assessment (September 1987, Warsaw, Poland) as well as noting the Goals and Principles on environmental impact assessment adopted by the Governing Council of the United Nations Environment Programme, and the Ministerial Declaration on Sustainable Development (May 1990, Bergen, Norway),  RELA SCIR  RELA SCIR 
Pre.10  Have agreed as follows:     
Art.1  Article 1  DEFN  DEFN 
Art.1.1x  For the purposes of this Convention,     
Art.1.1x.i  (i) "Parties" means, unless the text otherwise indicates, the Contracting Parties to this Convention;     
Art.1.1x.ii  (ii) "Party of origin" means the Contracting Party or Parties to this Convention under whose jurisdiction a proposed activity is envisaged to take place;     
Art.1.1x.iii  (iii) "Affected Party" means the Contracting Party or Parties to this Convention likely to be affected by the transboundary impact of a proposed activity;     
Art.1.1x.iv  (iv) "Concerned Parties" means the Party of origin and the affected Party of an environmental impact assessment pursuant to this Convention;      
Art.1.1x.v  (v) "Proposed activity" means any activity or any major change to an activity subject to a decision of a competent authority in accordance with an applicable national procedure;     
Art.1.1x.vi  (vi) "Environmental impact assessment" means a national procedure for evaluating the likely impact of a proposed activity on the environment;     
Art.1.1x.vii  (vii) "Impact" means any effect caused by a proposed activity on the environment including human health and safety, flora, fauna, soil, air, water, climate, landscape and historical monuments or other physical structures or the interaction among these factors; it also includes effects on cultural heritage or socio-economic conditions resulting from alterations to those factors;     
Art.1.1x.viii  (viii) "Transboundary impact" means any impact, not exclusively of a global nature, within an area under the jurisdiction of a Party caused by a proposed activity the physical origin of which is situated wholly or in part within the area under the jurisdiction of another Party;     
Art.1.1x.ix  (ix) "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 decision-making powers regarding a proposed activity;     
Art.1.1x.x  (x) "The Public" means one or more natural or legal persons.     
Art.2  Article 2  SUBS IMPL  SUBS IMPL CONS 
Art.2.1  1. The Parties shall, either individually or jointly, take all appropriate and effective measures to prevent, reduce and control significant adverse transboundary environmental impact from proposed activities.     
Art.2.2  2. Each Party shall take the necessary legal, administrative or other measures to implement the provisions of this Convention, including, with respect to proposed activities listed in Appendix I that are likely to cause significant adverse transboundary impact, the establishment of an environmental impact assessment procedure that permits public participation and preparation of the environmental impact assessment documentation described in Appendix II.  ATTACH SCIR  ATTACH SCIR 
Art.2.3  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.  ATTACH SCIR  ATTACH SCIR 
Art.2.4  4. The Party of origin shall, consistent with the provisions of this Convention, ensure that affected Parties are notified of a proposed activity listed in Appendix I that is likely to cause a significant adverse transboundary impact.  ATTACH INFO  ATTACH INFO 
Art.2.5  5. Concerned Parties shall, at the initiative of any such Party, enter into discussions on whether one or more proposed activities not listed in Appendix I is or are likely to cause a significant adverse transboundary impact and thus should be treated as if it or they were so listed. Where those Parties so agree, the activity or activities shall be thus treated. General guidance for identifying criteria to determine significant adverse impact is set forth in Appendix III.  ATTACH  ATTACH SCIR 
Art.2.6  6. 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.  INFO  INFO SCIR 
Art.2.7  7. Environmental impact assessments as required by this Convention shall, as a minimum requirement, be undertaken at the project level of the proposed activity. To the extent appropriate, the Parties shall endeavour to apply the principles of environmental impact assessment to policies, plans and programmes.  SCIR  SCIR 
Art.2.8  8. The provisions of this Convention shall not affect the right of Parties to implement national laws, regulations, administrative provisions or accepted legal practices protecting information the supply of which would be prejudicial to industrial and commercial secrecy or national security.  SOVR  SOVR 
Art.2.9  9. The provisions of this Convention shall not affect the right of particular Parties to implement, by bilateral or multilateral agreement where appropriate, more stringent measures than those of this Convention.  SOVR  SOVR 
Art.2.10  10. The provisions of this Convention shall not prejudice any obligations of the Parties under international law with regard to activities having or likely to have a transboundary impact.  SOVR  SOVR 
Art.3  Article 3    CONS RESV DISP 
Art.3.1  1. For a proposed activity listed in Appendix I that is likely to cause a significant adverse transboundary impact, the Party of origin shall, for the purposes of ensuring adequate and effective consultations under Article 5, 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.  ATTACH INFO  INFO ATTACH 
Art.3.2  2. This notification shall contain, inter alia:  INFO  INFO 
Art.3.2.a  (a) Information on the proposed activity, including any available information on its possible transboundary impact;    SCIR 
Art.3.2.b  (b) The nature of the possible decision; and     
Art.3.2.c  (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.    SCIR 
Art.3.3  3. The affected Party shall respond to the Party of origin within the time specified in the notification, acknowledging receipt of the notification, and shall indicate whether it intends to participate in the environmental impact assessment procedure.  INFO  INFO 
Art.3.4  4. If the affected Party indicates that it does not intend to participate in the environmental impact assessment procedure, or if it does not respond within the time specified in the notification, the provisions in paragraphs 5, 6, 7 and 8 of this Article and in Articles 4 to 7 will not apply. In such circumstances the right of a Party of origin to determine whether to carry out an environmental impact assessment on the basis of its national law and practice is not prejudiced.  SOVR  SOVR 
Art.3.5  5. Upon receipt of a response from the affected Party indicating its desire to participate in the environmental impact assessment procedure, the Party of origin shall, if it has not already done so, provide to the affected Party:  INFO  INFO 
Art.3.5.a  (a) Relevant information regarding the environmental impact assessment procedure, including an indication of the time schedule for transmittal of comments; and    SCIR 
Art.3.5.b  (b) Relevant information on the proposed activity and its possible significant adverse transboundary impact.    SCIR 
Art.3.6  6. An affected Party shall, at the request of the Party of origin, provide the latter with reasonably obtainable information relating to the potentially affected environment under the jurisdiction of the affected Party, where such information is necessary for the preparation of the environmental impact assessment documentation. The information shall be furnished promptly and, as appropriate, through a joint body where one exists.  INFO  SCIR INFO 
Art.3.7  7. When a Party considers that it would be affected by a significant adverse transboundary impact of a proposed activity listed in Appendix I, and when no notification has taken place in accordance with paragraph 1 of this Article, the concerned Parties shall, at the request of the affected Party, exchange sufficient information for the purposes of holding discussions on whether there is likely to be a significant adverse transboundary impact. If those Parties agree that there is likely to be a significant adverse transboundary impact, the provisions of this Convention shall apply accordingly. If those Parties cannot agree whether there is likely to be a significant adverse transboundary impact, any such Party may submit that question to an inquiry commission in accordance with the provisions of Appendix IV to advise on the likelihood of significant adverse transboundary impact, unless they agree on another method of settling this question.  ATTACH INFO  SCIR ATTACH 
Art.3.8  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.  INFO  INFO 
Art.4  Article 4     
Art.4.1  1. The environmental impact assessment documentation to be submitted to the competent authority of the Party of origin shall contain, as a minimum, the information described in Appendix II.  ATTACH INFO SCIR  INFO ATTACH 
Art.4.2  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.  INFO SCIR  INFO 
Art.5  Article 5  CONS  CONS 
Art.5.1x  The Party of origin shall, after completion of the environmental impact assessment documentation, 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. Consultations may relate to:     
Art.5.1x.a  (a) Possible alternatives to the proposed activity, including the no-action alternative and possible measures to mitigate significant adverse transboundary impact and to monitor the effects of such measures at the expense of the Party of origin;  SCIR  SCIR 
Art.5.1x.b  (b) Other forms of possible mutual assistance in reducing any significant adverse transboundary impact of the proposed activity; and    SCIR 
Art.5.1x.c  (c) Any other appropriate matters relating to the proposed activity. The Parties shall agree, at the commencement of such consultations, on a reasonable time-frame for the duration of the consultation period. Any such consultations may be conducted through an appropriate joint body, where one exists.     
Art.6  Article 6  CONS  IMPL CONS 
Art.6.1  1. 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 thereon received pursuant to Article 3, paragraph 8 and Article 4, paragraph 2, and the outcome of the consultations as referred to in Article 5.  SCIR   
Art.6.2  2. 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.  INFO  INFO 
Art.6.3  3. If additional information on the significant transboundary impact of a proposed activity, which was not available at the time a decision was made with respect to that activity and which could have materially affected the decision, becomes available to a concerned Party before work on that activity commences, that Party shall immediately inform the other concerned Party or Parties. If one of the concerned Parties so requests, consultations shall be held as to whether the decision needs to be revised.  INFO  INFO SCIR 
Art.7  Article 7  CONS  SUBS CONS 
Art.7.1  1. The concerned Parties, at the request of any such Party, shall determine whether, and if so to what extent, a post-project analysis shall be carried out, taking into account the likely significant adverse transboundary impact of the activity for which an environmental impact assessment has been undertaken pursuant to this Convention. Any post-project analysis undertaken shall include, in particular, the surveillance of the activity and the determination of any adverse transboundary impact. Such surveillance and determination may be undertaken with a view to achieving the objectives listed in Appendix V.  ATTACH SCIR  SCIR ATTACH 
Art.7.2  2. When, as a result of post-project analysis, the Party of origin or the affected Party has reasonable grounds for concluding that there is a significant adverse transboundary impact or factors have been discovered which may result in such an impact, it shall immediately inform the other Party. The concerned Parties shall then consult on necessary measures to reduce or eliminate the impact.  INFO SCIR  SCIR INFO 
Art.8  Article 8  SUBS  SUBS 
Art.8.1x  The Parties may continue existing or enter into new bilateral or multilateral agreements or other arrangements in order to implement their obligations under this Convention. Such agreements or other arrangements may be based on the elements listed in Appendix VI.  ATTACH  ATTACH 
Art.9  Article 9  SBS SBF   
Art.9.1x  The Parties shall give special consideration to the setting up, or intensification of, specific research programmes aimed at:   SCIR  SCIR 
Art.9.1x.a  (a) Improving existing qualitative and quantitative methods for assessing the impacts of proposed activities;     
Art.9.1x.b  (b) Achieving a better understanding of cause-effect relationships and their role in integrated environmental management;     
Art.9.1x.c  (c) Analysing and monitoring the efficient implementation of decisions on proposed activities with the intention of minimizing or preventing impacts;     
Art.9.1x.d  (d) Developing methods to stimulate creative approaches in the search for environmentally sound alternatives to proposed activities, production and consumption patterns;     
Art.9.1x.e  (e) Developing methodologies for the application of the principles of environmental impact assessment at the macro-economic level. The results of the programmes listed above shall be exchanged by the Parties.  INFO  INFO 
Art.10  Article 10     
Art.10.1x  The Appendices attached to this Convention form an integral part of the Convention.  ATTACH  ATTACH 
Art.11  Article 11  HOBS REVW AMND SUBS  HOBS REVW HOBF AMND 
Art.11.1  1. The Parties shall meet, so far as possible, in connection with the annual sessions of the Senior Advisers to ECE Governments on Environmental and Water Problems. The first meeting of the Parties shall be convened not later than one year after the date of the entry into force of this Convention. Thereafter, meetings of the Parties shall be held at such other times as may be deemed necessary by a meeting of the Parties, or at the written request of any Party, provided that, within six months of the request being communicated to them by the secretariat, it is supported by at least one third of the Parties.  RELA  RELA 
Art.11.2  2. The Parties shall keep under continuous review the implementation of this Convention, and, with this purpose in mind, shall:     
Art.11.2.a  (a) Review the policies and methodological approaches to environmental impact assessment by the Parties with a view to further improving environmental impact assessment procedures in a transboundary context;  SCIR  SCIR 
Art.11.2.b  (b) Exchange information regarding experience gained in concluding and implementing bilateral and multilateral agreements or other arrangements regarding the use of environmental impact assessment in a transboundary context to which one or more of the Parties are party;  SCIR INFO  INFO 
Art.11.2.c  (c) Seek, where appropriate, the services of competent international bodies and scientific committees in methodological and technical aspects pertinent to the achievement of the purposes of this Convention;  SCIR   
Art.11.2.d  (d) At their first meeting, consider and by consensus adopt rules of procedure for their meetings;     
Art.11.2.e  (e) Consider and, where necessary, adopt proposals for amendments to this Convention;     
Art.11.2.f  (f) Consider and undertake any additional action that may be required for the achievement of the purposes of this Convention.     
Art.12  Article 12  HOBS  HOBS 
Art.12.1  1. Each Party to this Convention shall have one vote.     
Art.12.2  2. Except as provided for in paragraph 1 of this Article, regional economic integration organizations, in matters within their competence, shall exercise their right to vote with a number of votes equal to the number of their member States which are Parties to this Convention. Such organizations shall not exercise their right to vote if their member States exercise theirs, and vice versa.     
Art.13  Article 13  SECS SECF  SECS SECF 
Art.13.1x  The Executive Secretary of the Economic Commission for Europe shall carry out the following secretariat functions:  RELA   
Art.13.1x.a  (a) The convening and preparing of meetings of the Parties;     
Art.13.1x.b  (b) The transmission of reports and other information received in accordance with the provisions of this Convention to the Parties;  INFO  INFO 
Art.13.1x.c  (c) The performance of other functions as may be provided for in this Convention or as may be determined by the Parties.     
Art.14  Article 14  AMND SECF DEPO EIF DEFN  AMND SECF DEPO EIF DEFN 
Art.14.1  1. Any Party may propose amendments to this Convention.     
Art.14.2  2. Proposed amendments shall be submitted in writing to the secretariat, which shall communicate them to all Parties. The proposed amendments shall be discussed at the next meeting of the Parties, provided these proposals have been circulated by the secretariat to the Parties at least ninety days in advance.     
Art.14.3  3. The Parties shall make every effort to reach agreement on any proposed amendment to this Convention by consensus. If all efforts at consensus have been exhausted, and no agreement reached, the amendment shall as a last resort be adopted by a three-fourths majority vote of the Parties present and voting at the meeting.     
Art.14.4  4. Amendments to this Convention adopted in accordance with paragraph 3 of this Article shall be submitted by the Depositary to all Parties for ratification, approval or acceptance. They shall enter into force for Parties having ratified, approved or accepted them on the ninetieth day after the receipt by the Depositary of notification of their ratification, approval or acceptance by at least three fourths of these Parties. Thereafter they shall enter into force for any other Party on the ninetieth day after that Party deposits its instrument of ratification, approval or acceptance of the amendments.     
Art.14.5  5. For the purpose of this Article, "Parties present and voting" means Parties present and casting an affirmative or negative vote.     
Art.14.6  6. The voting procedure set forth in paragraph 3 of this Article is not intended to constitute a precedent for future agreements negotiated within the Economic Commission for Europe.  RELA  RELA SOVR 
Art.15  Article 15  DISP  DISP DEPO 
Art.15.1  1. 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.     
Art.15.2  2. When signing, ratifying, accepting, approving or acceding to this Convention, or at any time thereafter, a Party may declare in writing to the Depositary that for a dispute not resolved in accordance with paragraph 1 of this Article, it accepts one or both of the following means of dispute settlement as compulsory in relation to any Party accepting the same obligation:     
Art.15.2.a  (a) Submission of the dispute to the International Court of Justice;  RELA  RELA 
Art.15.2.b  (b) Arbitration in accordance with the procedure set out in Appendix VII.  ATTACH  ATTACH 
Art.15.3  3. If the parties to the dispute have accepted both means of dispute settlement referred to in paragraph 2 of this Article, the dispute may be submitted only to the International Court of Justice, unless the parties agree otherwise.  RELA  RELA 
Art.16  Article 16  MEMB  MEMB 
Art.16.1x  This Convention shall be open for signature at Espoo (Finland) from 25 February to 1 March 1991 and thereafter at United Nations Headquarters in New York until 2 September 1991 by States members of the Economic Commission for Europe as well as States having consultative status with the Economic Commission for Europe pursuant to paragraph 8 of the Economic and Social Council resolution 36 (IV) of 28 March 1947, and by regional economic integration organizations constituted by sovereign States members of the Economic Commission for Europe to which their member States have transferred competence in respect of matters governed by this Convention, including the competence to enter into treaties in respect of these matters.  RELA  RELA 
Art.17  Article 17  MEMB DEPO  MEMB DEPO 
Art.17.1  1. This Convention shall be subject to ratification, acceptance or approval by signatory States and regional economic integration organizations.     
Art.17.2  2. This Convention shall be open for accession as from 3 September 1991 by the States and organizations referred to in Article 16.     
Art.17.3  3. The instruments of ratification, acceptance, approval or accession shall be deposited with the Secretary-General of the United Nations, who shall perform the functions of Depositary.  RELA  RELA 
Art.17.4  4. Any organization referred to in Article 16 which becomes a Party to this Convention without any of its member States being a Party shall be bound by all the obligations under this Convention. In the case of such organizations, one or more of whose member States is a Party to this Convention, the organization and its member States shall decide on their respective responsibilities for the performance of their obligations under this Convention. In such cases, the organization and the member States shall not be entitled to exercise rights under this Convention concurrently.     
Art.17.5  5. In their instruments of ratification, acceptance, approval or accession, the regional economic integration organizations referred to in Article 16 shall declare the extent of their competence with respect to the matters governed by this Convention. These organizations shall also inform the Depositary of any relevant modification to the extent of their competence.     
Art.18  Article 18  EIF  EIF 
Art.18.1  1. This Convention shall enter into force on the ninetieth day after the date of deposit of the sixteenth instrument of ratification, acceptance, approval or accession.     
Art.18.2  2. For the purposes of paragraph 1 of this Article, any instrument deposited by a regional economic integration organization shall not be counted as additional to those deposited by States members of such an organization.     
Art.18.3  3. For each State or organization referred to in Article 16 which ratifies, accepts or approves this Convention or accedes thereto after the deposit of the sixteenth instrument of ratification, acceptance, approval or accession, this Convention shall enter into force on the ninetieth day after the date of deposit by such State or organization of its instrument of ratification, acceptance, approval or accession.     
Art.19  Article 19  RESV  RESV DEPO 
Art.19.1x  At any time after four years from the date on which this Convention has come into force with respect to a Party, that Party may withdraw from this Convention by giving written notification to the Depositary. Any such withdrawal shall take effect on the ninetieth day after the date of its receipt by the Depositary. Any such withdrawal shall not affect the application of Articles 3 to 6 of this Convention to a proposed activity in respect of which a notification has been made pursuant to Article`3, paragraph 1, or a request has been made pursuant to Article 3, paragraph 7, before such withdrawal took effect.     
Art.20  Article 20  TEXT DEPO  TEXT DEPO 
Art.20.1x  The original of this Convention, of which the English, French and Russian texts are equally authentic, shall be deposited with the Secretary-General of the United Nations.  RELA   
Conc.1  IN WITNESS WHEREOF the undersigned, being duly authorized thereto, have signed this Convention.  CONC  CONC 
Conc.2  DONE at Espoo (Finland), this twenty-fifth day of February one thousand nine hundred and ninety-one.     
Please cite as:
Data from Ronald B. Mitchell. 2002-2017. International Environmental Agreements Database Project (Version 2014.3).
Available at: http://iea-archive.uoregon.edu/
Date accessed: 22 July 2017