Explanatory Memorandum to COM(2007)470 - Approval of the first and the second amendments to the UN/ECE Espoo Convention on Environmental Impact Assessment in a Transboundary Context

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dossier COM(2007)470 - Approval of the first and the second amendments to the UN/ECE Espoo Convention on Environmental Impact Assessment in a ...
source COM(2007)470 EN
date 14-08-2007
1. The UN/ECE Espoo Convention on environmental impact assessment in a transboundary context (hereinafter referred to as the Convention) was signed by the Community and its Member States on 26 February 1991. The Convention was approved by the Community on 27 June 1997  i.

2. The second meeting of the Parties in 2001 adopted decision II/14 on an amendment to the Espoo Convention. The amendment extends the definition of the public'' in article 1(x) of the Convention to clarify that the public that may participate in procedures under the Convention includes civil society and, in particular, non-governmental organizations and opens the Convention for accession by non-ECE member countries upon approval by the Meeting of the Parties. Both expansion of the scope of the term public'' and opening the Convention to states from outside the UN/ECE Region are essential tools to ensure public awareness on environmental issues and to promote a broader implementation and enforcement of environmental legislation. Thus, the first amendment to the Convention contributes to strengthening environmental protection policies and making them more effective.

3. The definition of the 'public' is given effect in Community law in relevant provisions under Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment (EIA Directive)  i, as amended by Directives 97/11/EC  i and 2003/35/EC  i and is in conformity with the amended text of the Convention.

4. The third Meeting of the Parties in 2004 by decision III/7 adopted a second amendment to the Espoo Convention. This amendment allows affected Parties to participate in scoping, revises the list of activities included in Appendix I of the Convention and addresses institutional issues under the Convention such as review of compliance, powers of the Meeting of the Parties and entry into force of amendments. Relevant Community provisions (EIA Directive) are consistent with this amendment to the Espoo Convention, which will hence not lead to any revision of this legislation.

5. On the occasion of Environment for Europe Ministerial Conference in October 2007 it is important to show that the European Community and the Member States are committed to international environmental policy and act together to further the objectives of environmental conventions enacted within the UNECE forum. The successful Community coordination during the negotiation process should be similarly ensured with regard to the conclusion of the amendments to the Espoo Convention with a view to allow the deposit, as far as possible simultaneously, of the instruments of ratification, approval or acceptance by the Community and the Member States.

6. The Community should now approve these amendments to the Espoo Convention.