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Trans-boundary considerations

Trans-boundary considerations. Norman Sheridan 9 th June 2004. EIA requirements (1). MS must send to other MS: Description of the project Information on the Trans-boundary impacts Give reasonable time for it to consider if it wants to participate in the EIA

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Trans-boundary considerations

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  1. Trans-boundary considerations Norman Sheridan 9th June 2004

  2. EIA requirements (1) • MS must send to other MS: • Description of the project • Information on the Trans-boundary impacts • Give reasonable time for it to consider if it wants to participate in the EIA • Information must be sent as soon as possible & no later than informing its own public

  3. EIA requirements (2) • If affected MS wishes to participate in the EIA, the origin MS must send: • Art. 5 information • Relevant information on the EIA procedure

  4. EIA requirements (3) • Affected MS must, within a reasonable time: • Make the information available to; • Statutory consultation authorities • The public concerned • And give them a reasonable time to comment

  5. EIA requirements (4) • The MSs concerned must enter into consultations: • Potential trans-boundary effects • Measures to eliminate/reduce such effects • Agree reasonable time-frame for the consultation

  6. EIA requirements (5) • Results of consultation and comments from statutory consultation authorities and public must be taken into account • When decision is made, MS must inform affected MS: • Content of decision & any conditions • Main reason & considerations on which the decision was based • Description of the main measures to reduce, avoid, and offset the major adverse effects

  7. IPPC Requirements (1) • MS must send to the other (affected) MS: • Application for; • The permit, or • The change of operation • Information must be sent at the same time as it is made available to its own nationals

  8. IPPC Requirements (2) • This information serves as basis for consultations between the MSs concerned on reciprocal & equivalent basis • Information must also be made available for a reasonable time to the public in the affected MS • Public must have a right to comment before the decision is made

  9. Issues(1) • How to decide if there are significant effects on the affected MS • How does affected MS find out, if not informed • What happens if the MSs dis-agree? • Who are the contact person(s)? • Division of responsibilities – permitting authority, MoE, Ministry of Foreign Affairs • What language, who translates, who pays? • What are reasonable time periods?

  10. Issues (2) • How to inform public? • Procedures for public to comment • Who to? • Time period? • Language? • Linkage between EIA & IPPC • Informing the public of decisions • When affected state is not a MS?

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