02 WHAT IS THE UNECE PROTOCOL ON SEA? The Protocol on SEA is an international agreement that provides for legal obligations and a procedural framework for the implementation of SEA in countries that are Parties to it. The Protocol is open to all member States of the United Nations. It formulates requirements for the implementation of SEA, including those of a procedural or methodological nature. Guidance material, such as Resource Manual to Support Application of the Protocol on SEA (2011)2 and the Simplified Resource Manual (2012)3 provide useful references for the conduct of SEA. The Protocol was negotiated under the 1991 UNECE Convention on Environmental Impact Assessment in a Transboundary Context (Espoo Convention) to extend the scope of the Convention, but it is a legally distinct instrument. This means that a country can join the Protocol without being a Party to the Convention. Moreover, unlike the Convention, which applies only to proposed activities that are likely to cause significant adverse impact across the national frontiers, the Protocol applies mainly to domestic plans and programmes. Should transboundary effects be likely, the Protocol provides also for transboundary consultations (Article 10). The Protocol is similar to the European Union’s directive on SEA,4 but with distinctive features, such as a special emphasis on health impacts alongside the environmental ones. The Protocol’s provisions for extensive public participation
resulted from consultations with the UNECE Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (the Aarhus Convention) during the negotiation of the Protocol. Finally, the Protocol sets a non-mandatory framework for the assessment of policies and legislation. The Protocol is considered by its Parties as a key tool for sustainable development. Its implementation is expected to assist countries in achieving Sustainable Development Goals and their targets as set out in the 2030 Agenda for Sustainable Development, which came into effect in January 2016 and will guide the decisions of the United Nations Member Governments over the next 15 years and beyond. Basic facts The SEA protocol: – Was adopted in 2003 in Kiev – Has been in force since 2010 – Is open to all member States of the United Nations – Has 27 Parties (as of 1 March 2016)5
SEA Protocol Participants 1999 1992 Rio Declaration on Environment and Development: Environmental impact assessment, as a national instrument, shall be undertaken for proposed activities that are likely to have a significant adverse impact on the environment and are subject to a decision of a competent national authority. Principle 17
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1969 US NATIONAL ENVIRONMENTAL POLICY ACT ADOPTED Environmental impact assessment is introduced to the national legal framework for the first time.
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The Third Ministerial Conference on Environment and Health agrees that, “We will carry out environmental impact assessments fully covering impacts on human health and safety. We invite countries to introduce and/or carry out strategic assessments of the environment and health impacts of proposed policies, plans, programmes and general rules. We invite international financial institutions also to apply these procedures. There will be appropriate participation of non-governmental organizations (NGOs) and members of the public in the procedures set out in this paragraph.”
1991 CONVENTION ON EIA IN A TRANSBOUNDARY CONTEXT ADOPTED
1985
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EU EIA DIRECTIVE ADOPTED
1998 The Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters, adopted in the Danish city of Aarhus, mandates public participation under the environmental impact assessments.
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2001 EU SEA DIRECTIVE ADOPTED
1997 CONVENTION ON EIA IN A TRANSBOUNDARY CONTEXT ENTERED INTO FORCE
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2005 The Paris Declaration commits donors and their partner countries to “Strengthen the application of EIAs and deepen common procedures for projects, including consultations with stakeholders; and develop and apply common approaches for ‘strategic environmental assessment’ at the sector and national levels.”
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SEA PROTOCOL ADOPTED
2002
The United Nations adopt the Millennium Development Goals, including #7: “Integrate the principles of sustainable development into country policies and programmes and reverse the loss of environmental resources.”
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SEA PROTOCOL ENTERED INTO FORCE
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2014 SEA PROTOCOL IS OPEN TO ALL UN MEMBER STATES
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2003
2000
2010
2016-2030 AGENDA FOR SUSTAINABLE DEVELOPMENT SEA is a tool to assist the Parties in achieving Sustainable Development Goals
The Johannesburg Plan of Implementation agreed at the World Summit on Sustainable Development in 2002, stresses the importance of strategic frameworks and balanced decision making as fundamental requirements for advancing the sustainable development agenda.
Parties Signatories
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