prop · GR03116 · 2004-03-16 00:00:00 — 3.The affected Party shall, within the time specified in the notification, indicate to the Party of origin whether it wishes to enter into consultations before the adoption of the plan or programme and, if it so indicates, the Parties concerned shall enter into consultations concerning the likely transboundary environmental, including health, effects of implementing the plan or programme and the measures envisaged to prevent, reduce or mitigate adverse effects. 4.Where such consultations take place, the Parties concerned shall agree on detailed arrangements to ensure that the public concerned and the authorities referred to in article 9, paragraph 1, in the affected Party are informed and given an opportunity to forward their opinion on the draft plan or programme and the environmental report within a reasonable time frame. 1.Each Party shall ensure that when a plan or programme is adopted due account is (a)The conclusions of the environmental report; (b)The measures to prevent, reduce or mitigate the adverse effects identified in the environmental report; and (c)The comments received in accordance with articles 8 to 10. 2.Each Party shall ensure that, when a plan or programme is adopted, the public, the authorities referred to in article 9, paragraph 1, and the Parties consulted according to article 10 are informed, and that the plan or programme is made available to them together with a statement summarizing how the environmental, including health, considerations have been integrated into it, how the comments received in accordance with articles 8 to 10 have been taken into account and the reasons for adopting it in the light of the reasonable alternatives considered. 1.Each Party shall monitor the significant environmental, including health, effects of the implementation of the plans and programmes, adopted under article 11 in order, inter alia, to identify, at an early stage, unforeseen adverse effects and to be able to undertake appropriate remedial action. 2.The results of the monitoring undertaken shall be made available, in accordance with national legislation, to the authorities referred to in article 9, paragraph 1, and to the public. Each Party shall endeavour to ensure that environmental, including health, concerns are considered and integrated to the extent appropriate in the preparation of its proposals for policies and legislation that are likely to have significant effects on the environment, including health. In applying paragraph 1, each Party shall consider the appropriate principles and elements of this Protocol. 3.Each Party shall determine, where appropriate, the practical arrangements for the consideration and integration of environmental, including health, concerns in accordance with paragraph 1, taking into account the need for transparency in decision-making. 4.Each Party shall report to the Meeting of the Parties to the Convention serving as the Meeting of the Parties to this Protocol on its application of this article. THE MEETING OF THE PARTIES TO THE CONVENTION THE MEETING OF THE PARTIES 1.The Meeting of the Parties to the Convention shall serve as the Meeting of the Parties to this Protocol. The first meeting of the Parties to the Convention serving as the Meeting of the Parties to this Protocol shall be convened not later than one year after the date of entry into force of this Protocol, and in conjunction with a meeting of the Parties to the Convention, if a meeting of the latter is scheduled within that period. Subsequent meetings of the Parties to the Convention serving as the Meeting of the Parties to this Protocol shall be held in conjunction with meetings of the Parties to the Convention, unless otherwise decided by the Meeting of the Parties to the Convention serving as the Meeting of the Parties to this Protocol. 2.Parties to the Convention which are not Parties to this Protocol may participate as in the proceedings of any session of the Meeting of the Parties to the Convention serving as the Meeting of the Parties to this Protocol. When the Meeting of the Parties to the Convention serves as the Meeting of the Parties to this Protocol, decisions under this Protocol shall be taken only by the Parties to this Protocol. 3.When the Meeting of the Parties to the Convention serves as the Meeting of the Parties to this Protocol, any member of representing a Party to the Convention that is not, at that time, a Party to this Protocol shall be replaced by another member to be elected by and from amongst the Parties to this Protocol. 4.The Meeting of the Parties to the Convention serving as the Meeting of the Parties to this Protocol shall keep under regular review the implementation of this Protocol and, for this purpose, shall: (a)Review policies for and methodological approaches to strategic environmental assessment with a view to further improving the procedures provided for under this Protocol; (b)Exchange information regarding experience gained in strategic environmental assessment and in the implementation of this Protocol; (c)Seek, where appropriate, the services and cooperation of competent bodies having expertise pertinent to the achievement of the purposes of this Protocol; (d)Establish such subsidiary bodies as it considers necessary for the implementation of this Protocol; (e)Where necessary, consider and adopt proposals for amendments to this (f)Consider and undertake any additional action, including action to be carried out jointly under this Protocol and the Convention, that may be required for the achievement of the purposes of this Protocol. The rules of procedure of the Meeting of the Parties to the Convention shall be applied mutatis mutandis under this Protocol, except as may otherwise be decided by consensus by the Meeting of the Parties serving as the Meeting of the Parties to this Protocol. 6.At its first meeting, the Meeting of the Parties to the Convention serving as the Meeting of the Parties to this Protocol shall consider and adopt the modalities for applying the procedure for the review of compliance with the Convention to this Protocol. 7.Each Party shall, at intervals to be determined by the Meeting of the Parties to the Convention serving as the Meeting of the Parties to this Protocol, report to the Meeting of the Parties to the Convention serving as the Meeting of the Parties to the Protocol on measures that it has taken to implement the Protocol. RELATIONSHIP TO OTHER INTERNATIONAL The relevant provisions of this Protocol shall apply without prejudice to the UNECE Conventions on Environmental Impact Assessment in a Transboundary Context and on Access to Information, Public Participation in Decision-making and Access to in Environmental Matters. 1.Except as provided for in paragraph 2 below, each Party to this Protocol shall have one vote. 2.Regional economic integration organizations, in matters within their competence, shall exercise their right to vote with a number of votes equal to the number of their member States which are Parties to this Protocol. Such organizations shall not exercise their right to vote if their member States exercise theirs, and vice versa. The secretariat established by article 13 of the Convention shall serve as the secretariat of this Protocol and article 13, paragraphs (a) to (c), of the Convention on the functions of the secretariat shall apply mutatis mutandis to this Protocol. The annexes to this Protocol shall constitute an integral part thereof. AMENDMENTS TO THE PROTOCOL 1.Any Party may propose amendments to this Protocol. 2.Subject to paragraph 3, the procedure for proposing, adopting and the entry into force of amendments to the Convention laid down in paragraphs 2 to 5 of article 14 of the Convention shall apply, mutatis mutandis, to amendments to this Protocol. 3.For the purpose of this Protocol, the three fourths of the Parties required for an amendment to enter into force for Parties having ratified, approved or accepted it, shall be calculated on the basis of the number of Parties at the time of the adoption of the amendment. The provisions on the settlement of disputes of article 15 of the Convention shall apply mutatis mutandis to this Protocol. This Protocol shall be open for signature at () from 21 to 23 2003 and thereafter at United Nations Headquarters in until , by States members of the Economic Commission for Europe as well as States having consultative status with the Economic Commission for Europe pursuant to paragraphs 8 and 11 of Economic and resolution 36 (IV) of 28 1947, and by regional economic integration organizations constituted by sovereign States members of the Economic Commission for Europe to which their member States have transferred competence over matters governed by this Protocol, including the competence to enter into treaties in respect of these matters. The Secretary-General of the United Nations shall act as the Depositary of this Protocol. RATIFICATION, ACCEPTANCE, APPROVAL 1.This Protocol shall be subject to ratification, acceptance or approval by signatory States and regional economic integration organizations referred to in article 21. 2.This Protocol shall be open for accession as from 1 January 2004 by the States and regional economic integration organizations referred to in article 21. 3.Any other State, not referred to in paragraph 2 above, that is a Member of the United Nations may accede to the Protocol upon approval by the Meeting of the Parties to the Convention serving as the Meeting of the Parties to the Protocol. 4.Any regional economic integration organization referred to in article 21 which becomes a Party to this Protocol without any of its member States being a Party shall be bound by all the obligations under this Protocol. If one or more of such an organizations member States is a Party to this Protocol, the organization and its member States shall decide on their respective responsibilities for the performance of their obligations under this Protocol. In such cases, the organization and its member States shall not be entitled to exercise rights under this Protocol concurrently. In their instruments of ratification, acceptance, approval or accession, the regional economic integration organizations referred to in article 21 shall declare the extent of their competence with respect to the matters governed by this Protocol. These organizations shall also inform the Depositary of any relevant modification to the extent of their competence. 1.This Protocol shall enter into force on the ninetieth day after the date of deposit of the sixteenth instrument of ratification, acceptance, approval or accession. 2.For the purposes of paragraph 1 above, any instrument deposited by a regional economic integration organization referred to in article 21 shall not be counted as additional to those deposited by States members of such an organization. 3.For each State or regional economic integration organization referred to in article 21which ratifies, accepts or approves this Protocol or accedes thereto after the deposit of the sixteenth instrument of ratification, acceptance, approval or accession, the Protocol shall enter into force on the ninetieth day after the date of deposit by such State or organization of its instrument of ratification, acceptance, approval or accession. 4.This Protocol shall apply to plans, programmes, policies and legislation for which the first formal preparatory act is subsequent to the date on which this Protocol enters into force. Where the Party under whose jurisdiction the preparation of a plan, programme, policy or legislation is envisaged is one for which paragraph 3 applies, this Protocol shall apply to plans, programmes, policies and legislation for which the first formal preparatory act is subsequent to the date on which this Protocol comes into force for that Party. At any time after four years from the date on which this Protocol has come into force with respect to a Party, that Party may withdraw from the Protocol by giving written notification to the Depositary. such withdrawal shall take effect on the ninetieth day after the date of its receipt by the Depositary. such withdrawal shall not affect the application of articles 5 to 9, 11 and 13 with respect to a strategic environmental assessment under this Protocol which has already been started, or the application of article 10 with respect to a notification or request which has already been made, before such withdrawal takes effect. The original of this Protocol, of which the English, French and Russian texts are equally authentic, shall be deposited with the Secretary-General of the United Nations. In witness whereof the undersigned, being duly authorized thereto, have signed this Protocol. Done at (), this twenty-first day of , two thousand and three. REFERRED TO IN ARTICLE 4, 1.Crude oil refineries (excluding undertakings manufacturing only lubricants from crude oil) and installations for the gasification and liquefaction of 500 metric tons or more of coal or bituminous shale per day. 2.Thermal power stations and other combustion installations with a heat output of 300megawatts or more and nuclear power stations and other nuclear reactors (except research installations for the production and conversion of fissionable and fertile materials, whose maximum power does not exceed continuous thermal load). 3.Installations solely designed for the production or enrichment of nuclear fuels, for the reprocessing of irradiated nuclear fuels or for the storage, disposal and processing of radioactive waste. 4.Major installations for the initial smelting of cast-iron and steel and for the production of non-ferrous metals. 5.Installations 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 of finished product; for friction material, with an annual production of more than 50 metric tons of finished product; and for other asbestos utilization of more than 200 metric tons per year. 6.Integrated chemical installations. 7.Construction of motorways, express roads*/ and lines for long-distance railway traffic and of airports**/ with a basic runway length of 2,100 metres or more. 8.Large-diameter oil and gas pipelines. 9.Trading ports and also inland waterways and ports for inland-waterway traffic which permit the passage of of over 1,350 metric tons. 10.Waste-disposal installations for the incineration, chemical treatment or landfill of toxic and dangerous wastes. 11.Large dams and reservoirs. 12.Groundwater abstraction activities in cases where the annual volume of water to be abstracted amounts to 10 million cubic metres or more. 13.Pulp and paper manufacturing of 200 air-dried metric tons or more per day. 14.Major mining, on-site extraction and processing of metal ores or coal. */ For the purposes of this Protocol: -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 temporarily, with separate carriageways 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 sign posted as a motorway. -Express road means a road reserved for motor traffic accessible only from interchanges or controlled junctions and on which, in particular, stopping and parking are prohibited on the running carriageway(s). **/ For the purposes of this Protocol, airport means an airport which complies with the definition in the 1944 Convention setting up the (annex 14). 15.Offshore hydrocarbon production. 16.Major storage facilities for , petrochemical and chemical products. 17.Deforestation of large areas. REFERRED TO IN ARTICLE 4, 1.Projects for the restructuring of rural land holdings. 2.Projects for the use of uncultivated land or semi-natural areas for intensive agricultural purposes. 3.Water management projects for agriculture, including irrigation and land drainage projects. 4.Intensive livestock installations (including poultry). 5.Initial afforestation and deforestation for the purposes of conversion to another type of land use. 6.Intensive fish farming. 7.Nuclear power stations and other nuclear reactors*/ including the dismantling or decommissioning of such power stations or reactors (except research installations for the production and conversion of fissionable and fertile materials whose maximum power does not exceed continuous thermal load), as far as not included in annex I. 8.Construction of overhead electrical power lines with a voltage of 220 kilovolts or more and a length of 15 kilometres or more and other projects for the transmission of electrical energy by overhead cables. 9.Industrial installations for the production of electricity, steam and hot water. 10.Industrial installations for carrying gas, steam and hot water. 11.Surface storage of fossil fuels and natural gas. 12.Underground storage of combustible gases. 13.Industrial briquetting of coal and lignite. 14.Installations for hydroelectric energy production. 15.Installations for the harnessing of wind power for energy production (wind farms). 16.Installations, as far as not included in annex I, designed: For the production or enrichment of nuclear fuel; For the processing of irradiated nuclear fuel; For the purposes of this Protocol, 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. For the final disposal of irradiated nuclear fuel; Solely for the final disposal of radioactive waste; Solely for the storage (planned for more than 10 years) of irradiated nuclear fuels in a different site than the production site; or For the processing and storage of radioactive waste. 17.Quarries, open cast mining and peat extraction, as far as not included in annex I. 18.Underground mining, as far as not included in annex I. 19.Extraction of by or fluvial dredging. 20.Deep drillings (in particular geothermal drilling, drilling for the storage of nuclear waste material, drilling for water supplies), with the exception of drillings for investigating the stability of the soil. 21.Surface industrial installations for the extraction of coal, , natural gas and ores, as well as bituminous shale. 22.Integrated works for the initial smelting of cast iron and steel, as far as not included in annex I. 23.Installations for the production of pig iron or steel (primary or secondary fusion) including continuous casting. 24.Installations for the processing of ferrous metals (hot-rolling mills, smitheries with , application of protective fused metal coats). 25.Ferrous metal foundries. 26.Installations for the production of non-ferrous crude metals from ore, concentrates or secondary raw materials by metallurgical, chemical or electrolytic processes, as far as not included in annex I. 27.Installations for the smelting, including the alloyage, of non-ferrous metals excluding precious metals, including recovered products (refining, foundry casting, etc.), as far as not included in annex I. 28.Installations for surface treatment of metals and plastic materials using an electrolytic or chemical process. 29.Manufacture and assembly of motor vehicles and manufacture of motor-vehicle engines. 31.Installations for the construction and repair of aircraft. 32.Manufacture of railway equipment. 33.Swaging by explosives. 34.Installations for the roasting and sintering of metallic ores. 35.Coke ovens (dry coal distillation). 36.Installations for the manufacture of cement. 37.Installations for the manufacture of glass including glass fibre. 38.Installations for smelting substances including the production of fibres. 39.Manufacture of ceramic products by burning, in particular roofing tiles, bricks, refractory bricks, tiles, stoneware or porcelain. 40.Installations for the production of chemicals or treatment of intermediate products, as far as not included in annex I. 41.Production of pesticides and pharmaceutical products, paint and varnishes, elastomers and peroxides. 42.Installations for the storage of , petrochemical, or chemical products, as far as not included in annex I. 43.Manufacture of vegetable and animal oils and fats. 44.Packing and canning of animal and vegetable products. 45.Manufacture of dairy products. 46.Brewing and malting. 47.Confectionery and syrup manufacture. 48.Installations for the slaughter of animals. 49.Industrial starch manufacturing installations. 50.Fish-meal and fish-oil factories. 52.Industrial plants for the production of pulp, paper and board, as far as not included in annex I. 53.Plants for the pre treatment or dyeing of fibres or textiles. 54.Plants for the tanning of hides and skins. 55.Cellulose-processing and production installations. 56.Manufacture and treatment of elastomer-based products. 57.Installations for the manufacture of artificial fibres. 58.Installations for the recovery or destruction of explosive substances. 59.Installations for the production of asbestos and the manufacture of asbestos products, as far as not included in annex I. 61.Test benches for engines, turbines or reactors. 62.Permanent racing and test tracks for motorized vehicles. 63.Pipelines for transport of gas or oil, as far as not included in annex I. 64.Pipelines for transport of chemicals with a diameter of more than and a length of more than . 65.Construction of railways and intermodal transhipment facilities, and of intermodal terminals, as far as not included in annex I. 66.Construction of tramways, elevated and underground railways, suspended lines or similar lines of a particular type used exclusively or mainly for passenger transport. 67.Construction of roads, including realignment and/or widening of any existing road, as far as not included in annex I. 68.Construction of harbours and port installations, including fishing harbours, as far as not included in annex I. 69.Construction of inland waterways and ports for inland-waterway traffic, as far as not included in annex I. 70.Trading ports, piers for loading and unloading connected to land and outside ports, as far as not included in annex I. 71.Canalization and flood-relief works. 72.Construction of airports**/ and airfields, as far as not included in annex I. 73.Waste-disposal installations (including landfill), as far as not included in annex I. 74.Installations for the incineration or chemical treatment of non-hazardous waste. 75.Storage of scrap iron, including scrap vehicles. 76.Sludge deposition sites. 77.Groundwater abstraction or artificial groundwater recharge, as far as not included in annex I. 78.Works for the transfer of water resources between river basins. 79.Waste-water treatment plants. 80.Dams and other installations designed for the holding-back or for the long-term or permanent storage of water, as far as not included in annex I. 81.Coastal work to combat erosion and works capable of altering the coast through the construction, for example, of dykes, moles, jetties and other sea defence works, excluding the maintenance and reconstruction of such works. 82.Installations of long-distance aqueducts. 83.Ski runs, ski lifts and cable cars and associated developments. 85.Holiday villages and hotel complexes outside urban areas and associated developments. 86.Permanent campsites and caravan sites. 88.Industrial estate development projects. **/ For the purposes of this Protocol, airport means an airport which complies with the definition in the 1944 Convention setting up the (annex 14). 89.Urban development projects, including the construction of shopping centres and car parks.