Transboundary Impact Assessment Iberian Experiences Rita Albergaria Teresa Fidélis SEA PRAGUE September 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

 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

Critical Points Distribution 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 Cooperation Direct 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 Practices First 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 Contact Facilitate the Iberian relations concerning transboundary EIA Central Level Ministries of Environment Initial contact Regional Level Transboundary 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 Level Final Decision comparing the Regional results to the National and International Interests

Actual Process Proposed Process

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.