On 25 February 1991 Espoo Convention On Environmental Impact Assessment In A Transboundary Context, The First And The Second Amendment

Original Language Title: Par 1991.gada 25.februāra Espo Konvencijas par ietekmes uz vidi novērtējumu pārrobežu kontekstā pirmo un otro grozījumu

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Read the untranslated law here: https://www.vestnesis.lv/op/2016/25.3


The Saeima has adopted and the President promulgated the following laws: On 25 February 1991 Espoo Convention on environmental impact assessment in a transboundary context, the first and the second amendments to article 1. 25 February 1991 Espoo Convention on environmental impact assessment in a transboundary context Member States ' meeting of 27 February 2001, decision II/14 (first amendment) and 4 June 2004 decision III/7 (second amendment) (hereinafter referred to as the Convention) by this law are accepted and approved.
2. article. Amendments to the Convention obligations to coordinate the protection of the environment and regional development Ministry.
3. article. Amendment to the Convention shall enter into force on 25 February 1991 Espoo Convention on environmental impact assessment in a transboundary context in article 14 within the time and in order, and the Ministry of Foreign Affairs shall notify the official Edition of the "journal".
4. article. The law shall enter into force on the day following its promulgation. With the law put the amendment to the Convention in English and their translation into Latvian language. The Parliament adopted the law of 21 January 2016. The President of the Parliament instead of the President i. Mūrniec Riga 2016 5 February DECISION II/14 amendment TO the Espoo CONVENTION the Meeting Wishing to modify the Espoo Convention with a view to clarifying that the public that may participat in procedures under the Convention includes civil society and, in particular, nongovernmental organizations, Recalling paragraph 13 of the Oslo Declaration of the Minister of the environment and the European Community Commissioner for the environment assembled at Oslo on the occasion of the first meeting of the parties to the Espoo Convention, Wishing to allow States situated outside the UN/ECE region to become parties to the Convention, adopts the following amendments to the Convention: (a) At the end of article 1 (x), after persons insert and, in accordanc with national legislation or practice, their associations, organizations or groups (b) In article 17 , after paragraph 2, insert a new paragraph reading 3. Any other State, not referred to in paragraph 2 of this article, that is a Member of the United Nations may accede to the Convention upon approval by the Meeting of the parties. The Meeting of the Parties shall not consider or approve any request for accession by such a State until this paragraph has entered into force for all the States and organizations that were parties to the Convention on 27 February 2001.
and renumber the remaining paragraphs accordingly.
(c) At the end of article 17, insert a new paragraph reading 7. Any State or organization that accept or approve ratif, of this Convention shall be deemed simultaneously the ratify.â, accept or approve the amendment to the Convention set out in decision II/14 taken at the second meeting of the parties.
DECISION III/7 SECOND AMENDMENT TO the Espoo CONVENTION the Meeting, Recalling its decision II/10 on the review of the Convention and paragraph 19 of the Ministerial Declaration, Sofia, Wishing to modify the Convention with a view to further strengthening and improving its application to other multilaterals synerg with environmental agreements, Commending the work done by the task force established at the second meeting of the parties , by the small group on amendments and by the Working Group on Environmental impact assessment itself, Noting the Convention on access to Information, Public Participation in Decision-making and access to justice in Environmental matters, done at Aarhus, Denmark, on 25 June 1998, and recalling the Protocol on Strategic Environmental assessment, done at Kyiv, Ukraine, on 21 May 2003, also noting relevant European Community legal instruments , such as Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment, as amended by directives 97/11/EC and 2003/35/EC, conscious that an extension of Appendix I will strengthen the importanc of environmental impact assessments in the region, Recognizing the benefits of international cooperation as early as possible in the assessment of environmental impact by Encouraging the work of the Implementation Committee as a useful tool for the further implementation and application of the provision of the Convention, 1. Confirm that the validity of decisions taken prior to the entry into force of the second amendment to the Convention, including the adoption of protocols, the establishment of subsidiary bodies, the review of compliance and actions taken by the Implementation Committee , are not affected by the adoption and entry into force of this amendment; 2. Also confirm that each Party shall continue to be eligible to participat in all activities under the Convention, including the preparation of protocols, the establishment and participation in subsidiary bodies, and the review of compliance, regardless_of of whethers the second amendment to the Convention has entered into force for that Party or not; 3. Adopts the following amendments to the Convention: (a) In article 2, after paragraph 10, insert a new paragraph reading 11. If the Party of origin intends to carry out a procedure for the purpose of determining the content of the environmental impact assessment documentation, the affected Party should to the exten the appropriate be given the opportunity to participat in this procedure. (b) In article 8, after Convention insert and under any of its protocols to which they are a Party (c) In article 11, replace paragraph 2 (c) by a new subparagraph reading (c) Seek, where appropriate, the services and cooperation of competent bodies having expertise to pertinen to the achievement of the purpose of this Convention; (d) At the end of article 11, insert two new subparagraph reading (g) prepare, where appropriate, protocols to this Convention; (h) Establish such subsidiary bodies as they consider not cessary for the implementation of this Convention. (e) In article 14, paragraph 4, replace the second line by a new line reading They shall enter into force for parties having ratified, approved or accepted them on the ninetieth day after the receipt by the Depositary of notification of their the ratification, approval or acceptance by at least three fourth of the number of Parties at the time of their adoption. (f) After article 14, insert a new article reading article 14 bis Review of compliance 1. The Parties shall review compliance with the provision of this Convention on the basis of the compliance procedure, as a non-adversarial and assistance-oriented procedure adopted by the Meeting of the parties. The review shall be based on, but not limited to, regular reporting by the parties. The Meeting of the Parties shall decide on the frequency of regular reporting required by the parties and the information to be included in those regular reports. 2. The compliance procedure shall be available for application to any protocol adopted under this Convention. (g) replace Appendix I to the Convention by the Appendix to this decision;
(h) In Appendix VI, after paragraph 2, insert a new paragraph reading 3. Paragraphs 1 and 2 may be applied, mutatis mutandis, to any protocol to the Convention.
Appendix list OF activities 1. Crude oil refiner (excluding manufacturing undertaking only lubricant from crude oil) and installation for the liquefaction and gasification of 500 metric tons or more of coal or bitumino of the shal per day. 2. (a) Thermal power stations and other combustion installation with a heat output of 300 megawatt or more, and (b) Nuclear power stations and other nuclear reactors including the dismantling or decommissioning, the of such power stations or reactors 1/(except research installation for the production and conversion of fissionabl and fertil materials, whose maximum power does not a continuous kilowat 12 1 thermal load). 3. (a) the Installation for the reprocessing of irradiated nuclear fuel; (b) the Installation is designed For the production or:-enrichmen of nuclear fuel; -For the processing of irradiated nuclear fuel or high level radioactive waste;- -For the final disposal of irradiated nuclear fuel; -Solely for the final disposal of radioactive waste; or-Solely for the storage (planned for more than 10 years) of irradiated nuclear fuels or radioactive waste in a different site than the production site.
4. The Major installation for the initial smelting of cast iron and steel and for the production of the non-ferro metals. 5. Installation for the extraction of asbestos and for the processing and transformation of asbestos and products containing asbestos: for asbestos-cement products, with an annual production of more than 20.000 metric tons finished product; for friction material, with an annual production of more than 50 metric tons finished product; and for other asbestos utilization of more than 200 metric tons per year. 6. Integrated chemical installation. 7. (a) Construction of motorway, express roads 2/and lines for long-distance railway traffic and of airports with a basic runway length 3/of 2.100 metres or more; (b) the Construction of a new road of four or more lanes, or the widening of japan睨nda and/or an existing road of two lanes or less so as to provide four or more lanes, where such new road, or realigned and/or widened section of road, would be 10 km or more in a continuous length. 8. Large-diameter pipeline for the transport of oil, gas or chemicals. 9. Trading ports and also inland waterway and ports for inland-waterway traffic which permit the passage of a vessel of over 1.350 metric tons. 10. (a) waste-disposal installation for the incineration, chemical treatment or landfill of toxic and dangerous waste; (b) waste-disposal installation for the incineration or chemical treatment of non-hazardous waste with a capacity exceeding 100 metric tons per day. 11. Large dam and reservoir. 12. Groundwater abstraction activities or artificial groundwater recharge schemes where the annual volume of water abstracted or recharged to be 10 million cubic metres of it non-or more. 13. Pulp, paper and board manufacturing of air-200 metric ton shall or more per day. 14. Major quarr, mining, on-site extraction and processing of metal ore or coal. 15. Offshore hydrocarbon production. Extraction of petroleum and natural gas for commercial purpose of where the amount extracted exceeds 100 to 500 metric tons/day in the case of petroleum and 500 000 cubic metres/day in the case of gas. 16. Major storage facilities for petroleum, petrochemical and chemical products. 17. Deforestation of large areas. 18. (a) works for the transfer of water resources between river basin where this transfer aims at preventing possible shortage of water and where the amount of water transferred exceeds 100 million cubic metres/100 of the year; and (b) In all other cases, works for the transfer of water resources between river basin where the multi-annual average flow of the basin of abstraction exceeds 100 million cubic metres of 2 000/year and where the amount of water transferred exceeds 100 per cent 5 of this flow. In both cases a transfer of authority with a drinking water excluded. 19. Waste-water treatment plants with a capacity exceeding 150 000 population equivalent. 20. Installation for the intensive rearing of poultry or pigs with more than: 85 000 places for broilers-; -60 000 places for hen; -3 000 places for production pigs (over 30 kg); or-900 places for the scope. 21. Construction of overhead electrical power lines with a voltage of 220 kV or more and a length of more than 15 km. 22. The Major installation for the harnessing of wind power for energy production (wind farms). _____ _____ _____ _____ 1/For the purpose of this Convention, nuclear power stations and other nuclear reactors cease to be such an installation when all nuclear fuel and other radioactively contaminated elements have been removed permanently from the installation site. 2/For the purpose of this Convention:-"Motorway" means a road specially designed and built for motor traffic, which does not serve properties bordering on it, and which: (a) Is provided, except at special points or OK, with separate carriageway for the two directions of traffic, separated from each other by a dividing strip not intended for traffic or, exceptionally, by other means; (b) does not cross at level with any road, railway or tramway track, or footpath; and (c) Is specially signposted as a motorway. -"Express road" means a road reserved for motor traffic accessible only from interchange or controlled junction and on which, in particular, stopping and parking are prohibited on the running carriageway (s). 3/For the purpose of this Convention, "airport" means an airport which compl to with the definition in the 1944 Chicago Convention setting up the International Civil Aviation Organization (annex 14) decision II/14 amendment to the Espoo Convention meeting, desiring to modify the Espoo Convention, with a view to clarifying that the public that may participate in procedures under the Convention includes civil society and, in particular, non-governmental organizations by reference on the occasion of the first meeting of the parties to the Espoo Convention to Oslo chorus environment ministers and the European Community's environmental Commissioner, paragraph 13 of the Oslo Declaration, desiring to allow States outside the UN/ECE region to become parties to the Convention adopted the following amendments to the Convention (a) article 1 point at the end of the x), after the word "persons" includes the phrase: "and according to national legislation or practice, their associations, organizations or groups". (b) in article 17, after paragraph 2, the following new paragraph shall be inserted: "3. the Other country not specified in paragraph 2 of this article, that is, a member of the United Nations, can join the Convention with the approval of the meeting of the parties. The meeting of the Parties shall not consider or approve such national accession request until this point has not entered into force with respect to all countries and organizations, which in 2001 was on 27 February, the parties to the Convention. "and the other ones are changing the numbering.
(c) at the end of article 17, the following new paragraph: "7. It is considered that the State or organization that ratifies, accepts or approves this Convention shall, at the same time be subject to ratification, acceptance or approval of the amendment to the Convention set out in decision II/14 taken at the second meeting of the parties."
Decision II/7 of the second AMENDMENT to the Espoo Convention meeting, referring to decision II/10 on the review of the Convention and the Declaration of Sofia 19, desiring to change the Convention with a view to further strengthen and improve its synergies with other multilateral environmental agreements, a high evaluation of the second meeting of the parties established by the Working Group, the small group on amendments and the environmental impact assessment of the work of the Working Group, noting the Convention on access to information , public participation in decision-making and access to justice in environmental matters, adopted in Aarhus, Denmark, 25 June 1998, and with reference to the Protocol on strategic environmental assessment, signed in Kiev, Ukraine, 21 May 2003, also noting the European Community legislation, for example, 27 June 1985, Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment as amended by Directive 97/11/EC and 2003/35/EC, recognising that Appendix 1 to strengthen the environmental impact assessment of the importance of region, recognizing the advantages of international cooperation as early as possible in assessing the impact on the environment, promoting the work of the Implementation Committee as a useful tool for further implementation of the Convention and, in application of 1. confirms that the validity of the decision before the entry into force of the Convention, the second amendment, including the agreed minutes that revised compliance and measures taken by the Committee are not affected in the adoption and entry into force of these amendments; 2. also confirms that each party will be entitled to participate in all activities under the Convention, including the establishment of subsidiary bodies of the Protocol, and participation in, as well as to review compliance, regardless of whether the second amendment to the Convention has entered into force with respect to that party or not; 3. adopts the following amendments to the Convention: (a) in article 2, after paragraph 10, the following new paragraph: ' 11. If the party of origin intends to carry out a procedure for determining environmental impact assessment document content, should be given the opportunity of the affected party to participate in the procedure. ". (b) in article 8, after the word "Convention" includes the phrase: "and its protocols to which they are parties". (c) in article 11, paragraph 2 (c)) shall be replaced by the following new paragraph: "(c)) where appropriate, the endeavouring to get the services of competent authorities who have the appropriate expertise for the attainment of the objectives of this Convention, and to cooperate with these authorities;". (d) at the end of article 11 shall include the following two new subparagraphs: g) where appropriate, the preparation of the protocols to this Convention; h) creating such subsidiary bodies as they consider necessary for the implementation of this Convention. ". (e) article 14, paragraph 4, the second sentence is replaced by the following new sentence: "They shall enter into force for parties that have ratified, approved or accepted, on the 90th day after the notice is received by the depositary at the time of their adoption, that at least three quarters of those parties have ratified, approved or accepted." (f) After article 14, the following new article: ' article 14 review of conformity 1. the Parties shall review the compliance with the provisions of this Convention, on the basis of the compliance procedure, as a conciliatory and to assistance-oriented procedure adopted by the meeting of the parties. The report shall be based also on the regular parties. The meeting of the Parties shall decide on the frequency of regular reporting by the parties, and the information that should be included in those regular reports. 2. the compliance procedure is available to the application of the Protocol adopted in accordance with this Convention. ". (g) in annex I to the Convention is hereby replaced by the annex to this decision. (h) in annex VI to the Convention, after paragraph 2, the following new paragraph shall be inserted: "3. This annex paragraph 1 and 2 shall apply mutatis mutandis to all Convention protocols.". Annex list 1. Crude oil refineries (excluding production of lubricants from crude oil) and installations for coal or oil shale, at least 500 tons a day, converting the gas and the liquid. 2. a) thermal power stations and other combustion installations with a heat output of 300 megawatts or more, and (b)) nuclear power stations and other nuclear reactors, including the following farms and or reactor dismantling or decommissioning pārtraukšana1 (except for the research work for the equipment and nuclear material enriched fissile material production and conversion, whose maximum power does not exceed 1 kW average calorific values). 3. a) equipment with a reduced radioactivity of nuclear fuel reprocessing; b), equipment designed for the production or enrichment of nuclear fuel-for-fuel to reduce the radioactivity or high-level radioactive waste,-the nuclear fuel with a reduced radioactivity-only final disposal, of radioactive waste final disposal or-only with a reduced radioactivity of spent fuel or radioactive waste storage (planned for more than 10 years) in a place other than the place of production. 4. The large-scale installations for the initial smelting of cast iron and steel and non-ferrous metal production. 5. installations for the extraction of asbestos and asbestos and asbestos-containing products and processing, producing more than 20 000 tonnes of finished products per year, asbestos-cement producing more than 50 tonnes of finished material of friction or otherwise used by more than 200 tons of asbestos a year. 6. Complex chemical industry equipment. 7. a) highways, high-speed, long distance railway lines ceļu2 and lidostu3 which are long or longer 2100 m main runway, construction; (b) four or more) new construction or the bar of an existing road of two lanes or less realignment and widening so as to provide four or more lanes, where such new road, or realigned and/or widened section of road would be 10 km or more in a continuous length. 8. Large-diameter pipelines for the oil, gas or chemical transportation. 9. Trading ports and also inland waterways and ports for inland maritime traffic, which you can use for vessels in excess of 1350 tons deadweight. 10. (a) waste incineration) plant, chemical treatment or toxic and dangerous waste; (b) installations for the incineration of waste) or non-hazardous chemical treatment of waste with a capacity exceeding 100 tonnes per day. 11. large dams and artificial water bodies. 12. Groundwater abstraction or artificial groundwater recharge schemes where the annual volume of water abstracted or recharged is 10 million cubic metres or more. 13. Pulp, paper and cardboard production, if productivity is 200 air-dry tonnes per day or more. 14. Large scale metal ores or coal mines, quarries, mining equipment and processing. 15. extraction of hydrocarbons offshore area. Extraction of oil and natural gas for commercial purposes where the quantity exceeds 500 tonnes/day in the case of petroleum and 500 000 cubic metres/day in the case of gas. 16. the large-scale oil, petrochemical products and chemical product storage facilities. 17. Clear cut large areas. 18. a) works for the transfer of water resources between river basins where this transfer aims at preventing possible shortages of water and where the amount of water transferred exceeds 100 million cubic metres/year and b) in all other cases, works for the transfer of water resources between river basins where the multi-annual average flow of the basin of abstraction exceeds 2 000 million cubic metres/year and where the amount of water transferred exceeds 5% of this flow. In both cases, the supply of drinking water through the pipes is turned off. 19. Sewage treatment plant, with a capacity exceeding 150 000 population equivalent of the necessary capacity. 20. Installations for the intensive rearing of poultry or pigs with more than 85 000 places for broilers-,-60 000 places for hens-3000 site fattening pigs (over 30 kg), or-900 sites sows. 21. Above-ground power lines construction designed for 220 kV or higher voltage and more than 15 km long. 22. Large-scale equipment for wind energy generation (wind farm). _____ _____ _____ _____ 1. This Convention, nuclear power stations and other nuclear reactors are no longer regarded as following when all nuclear fuel and other radioactive elements have been removed permanently from the place where the equipment is located. 2. for the purposes of this Convention "the highway" is the traffic of motor vehicles specially designed and built for the road, which does not serve properties it aside and having a) everywhere is provided, except at special points or temporarily, with separate carriageways for the two directions of traffic, which one of the other class a parting Strip not intended for traffic or, exceptionally, are otherwise separated; (b) single-level intersections with) is not a road, railway or tramway track, or footpath routes and (c)) is a special road "highway"-"highway" is the way to motor traffic, that approach only from road transport or adjustable intersections and on which stopping or parking is prohibited on vehicle parts. 3. for the purposes of this Convention, "airport" means an airport which complies with the definition in the 1944 Chicago Convention setting up the international civil aviation Organization (annex 14).