EU-CAR NEW PARTNERSHIP STRATEGY COOPERATION PLATFORM FOR ENVIRONMENT AND WATER RESOURCES PROTECTION Regional training wo

1. EU-CAR NEW PARTNERSHIP STRATEGYCOOPERATION PLATFORM FOR ENVIRONMENT AND WATER RESOURCES PROTECTION Regional training workshop, Almaty, Kazakhstan, 23-24 April, 2013 “Environmental impact assessment and strategic environmental assessment” Environmental Impact Assessment & Strategic Environmental Assessment in CAR (Legislation & Practical Experience) RenatPerelet, Academician, Russian Ecological Academy, Member of Ecological Academy, Chief Researcher of Institute for Systemic Analysis, Russian Academy of Sciences renat@perelet.msk.ru

3. UNECE Convention on Environmental Impact Assessment in a Transboundary Context (http://www.unece.org) - 1991 , Espoo (Finland): - serves to assist in ensuring of sustainable development via encouraging international cooperation in assessment of possible impact of planned activities on environment; - applied to activity realization of which may cause damage to environment in the other countries. - focused on prevention, mitigation of consequences and monitoring of such environmental damage; - instructs the Convention Parties to conduct assessment of planned activity impact on environment of neighbor countries if this activity may cause transboundary impact.

4. The Law on “Environmental assessment” is a basic law that regulates requirements to planned and on-going economic activity, defines rights and obligations of public in decision-making process in all CAR countries. Relations in various sectors of environment are regulated by such laws as “Nature protection” (in some countries “Environment protection”), “Specially protected natural territories”, “Plant life protection”, “Wild life protection and use”, “Atmospheric air protection”, “Production and consumption wastes”, “Underground resources”, Water, Land and Forest Codes, Codes on administrative violations and criminal responsibility, instructions etc.

5. Kazakhstan EIA national legislation and practice The Laws on “Environment protection” and “Environmental assessment” – EIA in KZ is presented in two forms – state environmental assessment and public environmental assessment. Projects lacking positive conclusion of state environmental assessment are non-subject to approval and financing for implementation of those projects is non-permitted.

6. The Law on “Environment protection” (Article 46) provides definition of EIA goals: “environmental impact assessment is performed aiming to identify environmental and other consequences of options of managerial and economical decision-making, development of recommendations on environment enhancement, prevention of eradication, degradation, damaging and depletion of natural ecological systems and natural resources”.

7. EIA conduction procedure is determined by the Law on “Environmental assessment”. EIA procedure is ensured by (see 16) Purchaser of planned economic activity and for the existing sites – Owner of enterprise or central and local executive bodies. EIA is a compulsory and integral part of pre-project and project documentation covering all stages of economic activity – from the very initial intentions , through projecting, construction, operation until liquidation of the site. Based on EIA results statement on environmental consequences of planned economic activity is prepared that serves as a basis for preparation of decision on its implementation.

8. A number of regulatory documents has been developed that are in effect in relation to environmental impact assessment and state environmental assessment. In the frame of “Assistance to Kazakhstan in implementation of Aarhus Convention” Project (2002) Guideline for the state structures on “Public participation in environment-focused decision-making” has been developed The activity of state environmental assessment units is performed in interaction with expert units of other agencies of the country – the Ministry of Health, the Ministry of Science and Education, the Ministry of Energy and Mineral Resources, Committees of the Ministry of Agriculture on water, fish, forest resources and others.

9. The Kyrgyz Republic (KR) After ratification of Espoo Convention (2001) its elements have been gradually introduced to the national legislation. The Kyrgyz national nature protection legislation includes basic provisions regulating EIA requirements including provisions regarding issues of international relations and civil sector participation in decision-making. The KR Law on “Environmental assessment” is one of the basic EIA-related nature protection laws.

10. The KR Ministry of Ecology and Emergency Situations is an executive agency on implementation of Espoo Convention requirements in KR. The National Environmental Assessment (NEA) is performed by Environment and Environmental Assessment Unit under the Ministry’s Central Office and Territorial Departments of Environment Protection. The Ministry’s Order strictly demarks authorities on NEA conduction between Central Office and Territorial Departments of EP. NEA is performed by staff experts and expert commissions consisting of non-staff experts as per the existing registry of experts.

11. For the purpose of implementing of Espoo Convention the basic procedural matters on implementation of EIA Regulations in the national aspect and basic focuses on Convention Regulations have been approved. New amendment of the Law on “Environment protection” has been developed and adopted, which is the law of direct effect and regulates the basic requirements on EIA, NEA, public participation in decision-making and execution of international commitments. Regulations concerning environmental assessment have been included to the basic laws regulating environmental management.

12. The result of National Environmental Assessment is a conclusion that may be positive or negative, where a positive conclusion is one of the necessary conditions and permission for implementation of planned activity. EIA Purchaser (Initiator) ought to ensure introduction of his documentation to the public, NGOs, any interested individuals and organizations in any form convenient for people (gatherings, meetings, briefings, Round Tables, mass media). The public’s proposals and comments concerning documentation are compulsorily recorded, considered, justified and appropriate ones are taken into account. Materials of EIA and EIC discussion with the public are enclosed to documentation submitted to the national environmental assessment.

13. For the purpose of implementing of Espoo Convention Regulations the Ministry has developed and correspondingly approved the basic procedural matters on implementation of EIA Regulations in the national aspect and basic focuses on Convention Regulations. New amendment of the Law on “Environment protection” has been developed and adopted, which is the law of direct effect and regulates the basic requirements on EIA, NEA, public participation in decision-making and execution of international commitments. Regulations concerning environmental assessment have been included to the basic laws regulating environmental management.

14. About SEA in Kyrgyzstan To date, there have been only few examples of practical application of SEA – one of the important tools of nature protection policy. The basis is procedure-based directive on EIA (Directive 2001/42/EU). Currently the negotiations on SEA Protocol within Espoo Convention are carried out. What are the opportunities for introducing best international practice in this area in KR?

15. The industry sector of the country still remains prevalently mining, includes environmentally dangerous resource and energy-consuming productions. Ineffective and environmentally unreasonable use of territory including in agriculture is one of the most relevant peculiarities of the country. There is no clear understanding of enormous environmental value of the natural territory of Kyrgyzstan. Normally the territory is considered only as “depository” of resources fit for service and economic expansion sphere. Strategic environmental assessment can become a tool that will help to bring out development of strategic documents to a new quality level.

16. Kyrgyzstan has not joined SEA Protocol in the frame of Espoo Convention. Nevertheless, Kyrgyzstan is taking part in SEA promotion. For instance, in development of “Model law on strategic environmental assessment” (Saint-Petersburg, 16.05.2011, Regulation #36-7 adopted at the 36th Plenary Session of Inter-Parliament Assembly of CIS Member-States) Article 11 indicates to adjust the national legislation to the effective law. Some SEA elements can be found in the national legislation of Kazakhstan.

17. The country has gained a certain experience on preparation of analytical documents in public policy format and there are individual cases of EIA application upon making important decisions. • Nevertheless, environmental assessment mechanism in Kyrgyzstan is primarily based on authorization system of national environmental assessment (NEA), EIA additional procedure, public environmental assessment (PEA). These procedures have not been precisely determined.

18. The following high priority actions are proposed to develop SEA system in the country: • To identify national priorities, country development strategy, goals and objectives in the long-term, mid-term and short-term aspect; • To assess eco-system services as a consequence of inclusion of eco-systems services costs to prime cost of goods and services; • To ensure control over execution of legislation norms, increase of administrative, criminal and civil legal responsibility for implementation of decisions made; • To introduce real mechanisms of inter-agency and inter-sectoral interaction; • To increase capacity of basic interest groups; • To optimize the system of professional development of specialists in various areas of nature protection and management activity.

19. The Republic of Tajikistan (TJ) The Law of Tajikistan on “Nature protection” provides environmental assessment the details of which are specified in the TJ Law on “Environmental assessment”. Functions of National Environmental Assessment (NEA) is performed by the so named Service consisting of State Committee of Environment and Forest Management Protection the authorities of which have been specified by special Regulation approved by State Committee Chairperson. The other laws and regulatory acts relating to EIA include the TJ Law on “Atmospheric air protection”, the TJ Law on “Public associations”, Code of Administrative Violence, Forest, Land and Water Codes.

20. EIA results are compulsory and shall precede approval of projects or activity that may harmfully impact the environment. EIA shall be performed in all projects, public and private, that may harm the environment.

21. For the complex projects that have potential environmental risks EIA shall be carried out by Expert Commission. Committee’s EIA approval is necessary prior to project start-up. Financing and project activity are possible only if there is a positive conclusion (approval) of NEA EIA report. Decisions regarding NEA are made by Regional Committees for Environment for projects that have low risks; by NEA Service of State Committee for large, more complex projects that have average and high risks of damaging the environment.

22. EIA 2000 Instruction is a basic tool for identification of assessment of influence of planned activity and sets procedures for EIA. The instruction outlines EIA basic aspects insufficiently highlighted in TJ effective legislative acts. It does not fully provide an opportunity for solution of inter-State environmental problems, work with donors, public participation, addressing of options, assessment of decisions made via comparison, overview, identification of environmental impact, risk assessment and its mitigation, monitoring and inspection. Improper attention is given to regional assessments of environment status including transboundary EIA, policy, plans and programs and social and economical aspects of environmental impact.

23. The Republic of Turkmenistan (TK) • Turkmenistan has approved special national standards on environmental impact assessment of planned economic and other operation, which by their structure are close to principles and procedures of Espoo Convention. • The legal acts regulating environmental assessment are the basis of the legislative base for regulation of environmental impact assessment in Turkmenistan including: - The TK Law on “National environmental assessment” (1995, Article 7); - The TK Law on “Nature protection” (Articles 13, 15, 16); - TK President Regulation #2864 dated November 13, 1996 on “Procedure on conduction of national environmental assessment”.

24. In accordance to requirements of Article 16 of the TK Law on “Nature protection”, projecting, siting, construction, reconstruction, expansion and technical upgrading of enterprises, constructions and other facilities as well as their start-up, operation and liquidation shall be performed via compulsory execution of environmental security requirements. • Every project or intention shall be supported with a corresponding document certifying that applicant/developer has performed EIA of economic and other operation.

25. For the purpose of development and practical implementation of the legislative base TDS-579-2001 “Environmental impact assessment of planned economic and other activity in Turkmenistan” was approved. The approved National TDS-579-2001 standard by its structure is close to Espoo Convention but it is a bit compacted and limited in the activity scale, mainly limiting at the domestic level. However, principles of approach, procedures, stages are approximately identical.

26. Development of review document including NEA conclusion can by performed by the Ministry of Nature Protection (MNP) bodies self-dependently or via involvement of independent experts. Planned economic activity cannot be started without positive conclusion of NEA. Upon granting of final conclusion of NEA the TK MNP is guided in light of Regulation 8, Article 2 of Espoo Convention by application of national laws, instructions, administrative regulations. • The conclusion granted by the MNP can contain a number of conditions (recommendations) to comply with requirements on environment protection via identification of concrete natural component or species in need for protection under this activity. Conclusion shall contain decision on adoption or rejection of applicant’s proposals.

27. The Republic of Uzbekistan (UZ) • Works on preparation of a package of documents for Uzbekistan’s accession of Espoo Convention have been completed; • EIA of projected sites has been performed in Uzbekistan since 1993. EIA procedure was registered as regulatory guiding documents in 1996. In 2000 the Law on “Environmental assessment” was adopted and came into effect. In 2001 UZ Cabinet Council approved “Regulation on national environmental assessment” in Uzbekistan.

28. Regulation on national environmental assessment identified the list of activities subject to national environmental assessment. In the list the sites are divided into four categories by severity of environmental impact: Category 1 includes activities with high risk of impact; Category 2 – average risk; Category 3 – low risk activities; Category 4 – activities having local impact.

29. As per “Regulation”, Head National Environmental Assessment performs NEA of sites by activities referred to Category 1 and 2. NEA of the Republic of Karakalpakstan, oblasts and Tashkent city perform national environmental assessment of sites included into Category 3 and 4. Uzbekistan has to a significant extent a properly-formed legal and regulatory base on EIA procedure and correspondingly trained staff to conduct environmental impact assessment in both domestic and transboundary context. Accession of Espoo Convention jointly with the other Central Asian countries is a priority objective and in no doubt will be favorably reflected on enhancement of the environmental situation in Central Asia.

30. CONCLUSIONS: EIA and SEA are of a great consequence in relation to large projects and programs focused on ensuring of water security in CAR. The major efforts made by national river authorities are primarily focused on implementation of principles on integrated water resources management (IWRM) to reach MDG in all countries. This includes public participation in decision-making, promotion of political will for cooperation between sectors and countries, initiation of dialogues among all stakeholders and support of practical measures at the local levels.

31. The existing legislative base is insufficient to solve interstate environment-related problems that include work with donors, public participation, addressing of alternatives, assessment of decisions via comparison, review, identification of environmental impacts, risk assessment, its mitigation and monitoring. Insufficient attention is given to regional assessments of the environment status including transboundary EIA, policy, plans and programs that have transboundary environmental impact.

32. CAR legislative base allows performing certain aspects of EIA process. Along with that it should be noted that almost all countries of the region lack a concrete EIA mechanism in the transboundary context that covers all its aspects and responds to the international requirements, in particular Espoo Convention requirements. A procedure on planned activity-related information delivery not only to the public but also to the government agencies is not well-regulated at the legal base. Also the issues concerning impact on plant life and wildlife are insufficiently worked out, there are no maximum permissible standard impacts on plant life and wildlife. Procedure on post-project analysis (monitoring) is not well-regulated.

33. Supplement. Extract from proposals on harmonization with Espoo Convention by EU funded “Harmonization of environmental standards of EU and Russian Federation” Project • It is proposed to introduce four categories of environmental significance of sites (activities): A, B, C, D. For categories A and B the project documentation is subject to compulsory EIA with further NEA. Without positive conclusion by NEA financing of the works on realization of such activities is prohibited; • For category B sites a reduced environmental assessment is performed at the Declaration stage, afterwards one of the decisions is made: permit conduction of environmental assessment by reduced program; prohibit project and/or perform full-scale environmental assessment. • Authorities on identification of categories B, C, D can be delegated to the level of the constituent entity of the Russian Federation.

34. THANK YOU FOR YOUR ATTENTION! RenatPerelet renat@perelet.msk.ru