Convention on Environmental Impact Assessment in a Transboundary Context (Espoo, 1991) Task Force on Public Participation in Decision-making Aarhus Convention, Geneva, 26 October 2010 Nick Bonvoisin Secretary to the Espoo Convention, UNECE

Espoo-Aarhus cooperation Public participation under Espoo Guidance Practice Compliance Nuclear Next steps

Espoo-Aarhus cooperation to date Espoo Meeting of Parties decision to identify synergies Meeting of Signatories to SEA Protocol Aarhus proposal for joint workshop No experience under Protocol No funds under Espoo Convention Aarhus workshop on public participation in strategic decision-making, Sofia SEA Protocol in force Workshop for Mediterranean Sea area

Guidance Guidance on public participation in EIA in a transboundary context, finalized in 2004 Resource Manual to Support Application of the Protocol on SEA, 2007 General rights Rights to information Rights to participate Who is the public?

Practice Information from national reports / questionnaires Summarized in Review of Implementation Opportunities for public participation Commenting on EIA documentation Public hearing, as appropriate Public information Screening Decision on participation in transboundary procedure Scoping Commenting on both draft & final EIA documentation, and expert review Access to justice on final decision

Practice Effectiveness depends on Level of participation Controversial? Media coverage? Proper notification of public How active competent authority Difficulties Poor interpretation Poor / lacking translation Poor attendance in public hearings Lack of continuity in affected country

Compliance (1/2) Review of compliance: Implementation Committee Several cases considered by Aarhus and Espoo Committees Opinions, regarding public participation, include A domestic regulatory framework is necessary for implementation of the Convention, especially with respect to public participation The organization of public participation under the Convention is the responsibility of the competent authority and not of the proponent. Nevertheless, it might be possible under national systems that the competent authority and the proponent would organize the public participation together. However, the proponent should not be responsible for public participation without the competent authority

Compliance (2/2) Opinions, regarding public participation, also include The concerned Parties have a common responsibility for providing equivalent opportunities for public participation in the affected Party, including accurate and effective notification of the public … They also have responsibility to provide the possibility of access to the full and final EIA documentation in the original language or languages until the procedure ended and no earlier than when the final decision had been provided to the public in the affected Party Copyright protection should not be considered as allowing for the prevention of the public availability of the full EIA documentation There is an obligation to inform the public concerned in the affected Party of the final decision

Nuclear energy On agenda of Working Group on EIA Background paper & list of nuclear energy-related activities Possible panel discussion at Meeting of the Parties Background paper, on public participation Recalls that the public of the affected country has the right to make comments on and to express objections to proposed activities Also recalls that the countries concerned need to ensure that opportunities provided to the public of the affected country are equivalent to those of the country of origin Suggests that it may be appropriate to provide opportunities for the authorities and public of the affected country to participate repeatedly throughout the authorization procedure, and more frequently than required by the Convention

Next steps Meeting of Signatories to SEA Protocol plus Working Group on EIA in November 2010 Meetings of the Parties to Espoo Convention and SEA Protocol in June 2011 Workplan might include seminar on nuclear energy-related activities transboundary EIA pilot projects, SEA pilot projects Might take a decision on public participation in strategic decision-making

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