Book contents
- Frontmatter
- Contents
- Preface
- PART I General instruments
- PART II Atmosphere
- PART III Oceans: global
- PART IIIB Oceans: regional
- PART IV Freshwater resources
- PART V Biodiversity
- PART VIA Hazardous substances and activities: nuclear
- PART VIB Hazardous substances and activities: pesticides
- PART VIC Hazardous substances and activities: waste
- PART VII Human rights and the environment
- PART VIII War and the environment
- PART IX Trade and the environment
- PART X Environmental impact assessment and access to information
- 38 Convention on Environmental Impact Assessment in a Transboundary Context, 25 February 1991
- 38A Protocol on Strategic Environmental Assessment, 21 May 2003
- 39 Convention on the Transboundary Effects of Industrial Accidents, 17 March 1992
- 40 World Bank Operational Policy 4.01 on Environmental Assessment, January 1999
- 41 Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters, 25 June 1998
- 41A Compliance Committee and Procedures for the Review of Compliance
- 41B Protocol on Pollutant Release and Transfer Registers, 21 May 2003
- PART XI Liability for environmental damage and breaches of environmental obligations
- PART XII The Antarctic
38A - Protocol on Strategic Environmental Assessment, 21 May 2003
Published online by Cambridge University Press: 05 June 2012
- Frontmatter
- Contents
- Preface
- PART I General instruments
- PART II Atmosphere
- PART III Oceans: global
- PART IIIB Oceans: regional
- PART IV Freshwater resources
- PART V Biodiversity
- PART VIA Hazardous substances and activities: nuclear
- PART VIB Hazardous substances and activities: pesticides
- PART VIC Hazardous substances and activities: waste
- PART VII Human rights and the environment
- PART VIII War and the environment
- PART IX Trade and the environment
- PART X Environmental impact assessment and access to information
- 38 Convention on Environmental Impact Assessment in a Transboundary Context, 25 February 1991
- 38A Protocol on Strategic Environmental Assessment, 21 May 2003
- 39 Convention on the Transboundary Effects of Industrial Accidents, 17 March 1992
- 40 World Bank Operational Policy 4.01 on Environmental Assessment, January 1999
- 41 Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters, 25 June 1998
- 41A Compliance Committee and Procedures for the Review of Compliance
- 41B Protocol on Pollutant Release and Transfer Registers, 21 May 2003
- PART XI Liability for environmental damage and breaches of environmental obligations
- PART XII The Antarctic
Summary
Editorial note
The Protocol on Strategic Environmental Assessment (SEA) was adopted at an Extraordinary meeting of the Parties to the EIA Convention during the Ministerial ‘Environment for Europe’ Conference (21–23 May 2003, Kiev, Ukraine) to ensure that environmental, including health, considerations are taken into account in the development of plans and programmes, policies and legislation (Article 1 (a) and (b)). The Protocol's objective is to establish clear, transparent and effective procedures for SEA, providing for public participation and to further sustainable development (Article 1(c) (d) and (e)). The Protocol defines plans and programmes (Article 2(5)), SEA (Article 2(6)), environmental, including health, effects (Article 2(7)) and the public (Article 2(8)).
Each Party must take the necessary legislative and administrative measures to implement the Protocol and must ensure that its officials assist and provide guidance to the public in the matters covered by the Protocol (Article 3 (1) and (2)). Persons exercising their rights in conformity with the Protocol must not be penalised or harassed in any way and the public should be able to exercise the rights conferred by the Protocol without discrimination as to citizenship, nationality or domicile and, in the case of companies, without discrimination as to where they are registered or effectively carry out their activities (Article 3(6) and (7)).
Parties shall ensure that ‘plans and programmes’ undergo a SEA when they are likely to have significant environmental, including health, effects (Article 4(1)).
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- Chapter
- Information
- Documents in International Environmental Law , pp. 1042 - 1062Publisher: Cambridge University PressPrint publication year: 2004