Transboundary Impact Assessment

Iberian Experiences

Rita AlbergariaTeresa Fidélis

SEA PRAGUESeptember 2005

Index of the Presentation

1. Espoo Convention

2. Transboundary EIA in Iberian Context

3. Good Practice Proposal

4. Strategic Aspects

1st International Treaty that defines rights and duties of the signatory Countries in respect of the transboundary impacts

• Signed in Espoo (Finland) in February of 1991 by 29 countries and the EU

• Came into force in September of 1997• Ten years later (2001) 35 countries and EU had

already signed it• 2005: few countries had informed its potential

neighbours of the transboundary impacts

Espoo Convention

Espoo Convention

Implies the organization of a complex procedure of technical and participative assessment of transboundary impacts

Compromises the country of origin in the involvement of the public and authorities of the affected part in its process of EIA

The key - question is not to make the distinction between the affected area, of both sides of the border, in the process of decision.

Espoo Convention

Discussion of Transboundary Impacts

JointPublic Participation

Confirmation of the Affected Part

ProjectsSelection

Documentation Transmission

Final Decison:Opinions of

Affected Public and Autorities

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3

1

Espoo Convention

Critical PointsDistribution of tasks and costs

Entities Methodologies:

Impact Assessment Public Participation

Determination of the significance of the transboundary impacts

Espoo Convention

Innovations Bilateral Agreements for the definition of a uniform procedure:

Stages of the Transboundary EIA Intervenients tasks Methodologies for evaluation of impacts

and public participation

Espoo Convention

Innovations

Regional CooperationDirect and horizontal flow

Discussion between the people in charge of the planning and the affected population.

Espoo Convention

Innovations

Incorporation of the public opinion:

at an initial phase and at a strategic level.

EIA at an Iberian Context… only 4 projects have been

object of consultations between Portugal and Spain:

Alqueva Dam (1995)

Linking of Natural Gas Nets Portugal/ Spain(1997)

Sela Dam(1998)

Linking of the Motorway of Castela to IP5 (2003/2004)

EIA at an Iberian Context… The Espoo Convention was never

appealed, but only the Communitarian Directive nr. 85/337/CEE

Documentation was only exchanged between Ministries of Environment through the diplomatic channels.

few expositions of Spain have influenced the decision.

Good PracticesFirst Contacts and Final

Decision

Ministério do Ambiente - Portugal

Ministerio de Medio Ambiente - Spain

Transboundary Assessment

Direcções Regionais do Ambiente - Portugal

Consellería de Medio Ambiente - Spain

Bilateral Structure with Points of ContactFacilitate the Iberian relations concerning

transboundary EIA

Central LevelMinistries of Environment

Initial contact

Regional LevelTransboundary evaluation by a Luso-Spanish Working Group

Early consultation of Local Entities: farmers, comerciants, managers, producers

Joint Evaluation of the EIS: environment, social and economics impacts

Public participation on both sides of border - at an early phase

Central LevelFinal Decision comparing the Regional results to the National and International Interests

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Foreign Ministries

Confirmation of Participation

Independent Consultancy Company: same criterion on both sides of the border

3. Regional Evaluation

2. EIS Execution

1. Project Selection

Consultation of Local Entities

Public Audiences Tecnical

Evaluation of EIS

4. Final Decision

National Interests

Environment Ministrie

Environment Ministrie

Country of Origin Portugal

Country Affected Spain

Environment Ministrie

Environment Ministrie

Notification

Environment Regional Administration

DRAOT

Environment Regional Administration

Consellería Medio Ambiente

International Relations

INNOVATIONS Good Practice Model

Establishment of the Regional Level for the Transboundary EIA (and not only happening between the Central Ministries)

Definition of a Luso-Spanish Working Group for the Regional Evaluation (using the existing institutions)

Imposition of the same criterion for the EIS – both sides of the border

Anticipation of the Public Consultation and Participation (involving the most direct interested and injured from the project)

Incumbency of the final decision to the Central Administration (avoiding the overplacement of National Interests)

Stategic Aspects The transversal evaluation of impacts:

incorporation of environment, social and economic impacts, in a sustainable perspective

The Public Participation in an early phase: with the perception of the main priorities of the community

The integrated form of decision: involving the Central, Regional and Local levels

Thank You!Please put your questions.

ritaalbergaria@yahoo.com