Proposal for a Council Decision on the approval, on behalf of the European Community, of the first and the second amendments to the UN/ECE Espoo Convention on Environmental Impact Assessment in a Transboundary Context
Date: 2007-08-14
Institutions: European Commission
Subjects: EU environmental policy, UN convention, amendment, environmental impact, international convention, public works

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 14.8.2007 
COM(2007) 470 final 

2007/0169 (CNS) 

Proposal for a 

COUNCIL DECISION 

on the approval, on behalf of the European Community, of the first and the second 
amendments to the UN/ECE Espoo Convention on Environmental Impact Assessment in 
a Transboundary Context 

(presented by the Commission) 

EN 

   EN 

 
 
 
  
EXPLANATORY MEMORANDUM 

1. The UN/ECE Espoo Convention on environmental impact assessment in a transboundary 
context  (hereinafter  referred  to  as  the  Convention)  was  signed  by  the  Community  and  its 
Member States on 26 February 1991. The Convention was approved by the Community on 27 
June 1997 1. 

2. The second meeting of the Parties in 2001 adopted decision II/14 on an amendment to the 
Espoo Convention. The amendment extends the definition of the ''public'' in article 1(x) of the 
Convention to clarify that the public that may participate in procedures under the Convention 
includes  civil  society  and,  in  particular,  non-governmental  organizations  and  opens  the 
Convention for accession by non-ECE member countries upon approval by the Meeting of the 
Parties. Both expansion of the scope of the term ''public'' and opening the Convention to states 
from  outside  the  UN/ECE  Region  are  essential  tools  to  ensure  public  awareness  on 
environmental  issues  and  to  promote  a  broader  implementation  and  enforcement  of 
environmental  legislation.  Thus,  the  first  amendment  to  the  Convention  contributes  to 
strengthening environmental protection policies and making them more effective.  

3.  The  definition  of  the  "public"  is  given  effect  in  Community  law  in  relevant  provisions 
under  Directive  85/337/EEC  on  the  assessment  of  the  effects  of  certain  public  and  private 
projects  on  the  environment  (EIA  Directive)  2,  as  amended  by  Directives  97/11/EC  3  and 
2003/35/EC 4 and is in conformity with the amended text of the Convention.  

4. The third Meeting of the Parties in 2004 by decision III/7 adopted a second amendment to 
the  Espoo  Convention.  This  amendment  allows  affected  Parties  to  participate  in  scoping, 
revises  the  list  of  activities  included  in  Appendix  I  of  the  Convention  and  addresses 
institutional  issues  under  the  Convention  such  as  review  of  compliance,  powers  of  the 
Meeting of the Parties and entry into force of amendments. Relevant Community provisions 
(EIA  Directive)  are  consistent  with  this  amendment  to  the  Espoo  Convention,  which  will 
hence not lead to any revision of this legislation. 

5. On the occasion of Environment for Europe Ministerial Conference in October 2007 it is 
important  to  show  that  the  European  Community  and  the  Member  States  are  committed  to 
international environmental policy and act together to further the objectives of environmental 
conventions  enacted  within  the  UNECE  forum.  The  successful  Community  coordination 
during  the  negotiation  process  should  be  similarly  ensured  with  regard  to  the  conclusion  of 
the amendments to the Espoo Convention with a view to allow the deposit, as far as possible 
simultaneously, of the instruments of ratification, approval or acceptance by the Community 
and the Member States.  

6. The Community should now approve these amendments to the Espoo Convention. 

1 

2 
3 
4 

Council Decision of 27 June 1997 on the conclusion, on behalf of the Community, of the Convention on 
environmental  impact  assessment  in  a  transboundary  context  (ESPOO  Convention)  (proposal  OJ  C 
104, 24.4.1992, p. 5; decision not published). 
OJ [L175], [5.7.1985], p. [40]. 
OJ [L73], [14.3.1997], p. [5]. 
OJ [L156], [25.6.2003], p. [17]. 

EN 

2 

   EN 

 
                                                 
2007/0169 (CNS) 

Proposal for a 

COUNCIL DECISION 

on the approval, on behalf of the European Community, of the first and the second 
amendments to the UN/ECE Espoo Convention on Environmental Impact Assessment in 
a Transboundary Context 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Article 
175 paragraph 1, in conjunction with the first sentence of the first subparagraph of Article 300 
(2) and the first subparagraph of Article 300 (3) thereof, 

Having regard to the proposal from the Commission 5, 

Having regard to the opinion of the European Parliament 6, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

5 
6 
7 

The  UN/ECE  Espoo  Convention  on  environmental 
in  a 
transboundary  context  (hereinafter  the  Espoo  Convention)  aims  at  setting  out  the 
obligations  of  Parties  to  assess  the  environmental  impact  of  certain  activities  at  an 
early  stage  of  planning  and  imposes  on  States  the  general  obligation  regarding 
notification and consultation on all major projects that are likely to have a significant 
adverse environmental impact across borders. 

impact  assessment 

The Espoo Convention was approved by the Community on 27 June 1997.  

The Meeting of the Parties in 2001 adopted an amendment to the Espoo Convention 
altering the definition of the ''public'' so as to include non-governmental organisations 
and  other  associations,  as  well  as  opening  the  Convention  for  accession  to  countries 
beyond  the  UN/ECE  Region.  Relevant  Community  law,  in  particular  Council 
Directive  85/337/EEC  of  27  June  1985  on  the  assessment  of  the  effects  of  certain 
public  and  private  projects  on  the  environment7,  incorporates  provisions  consistent 
with this amendment to the Espoo Convention. 

The  second  amendment  to  the  Espoo  Convention,  adopted  by  the  Meeting  of  the 
Parties in 2004, allows affected Parties to participate in scoping, revises the activities 
listed in Appendix I of that Convention and addresses institutional issues thereunder. 
This amendment does not change the nature of the obligations of the Parties and the 

OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ  L  175,  5.7.1985,  p.40,  Directive  as  last  amended  by  Directive  2003/35/EC  of  the  European 
Parliament and of the Council (OJ L 156, 25.6.2003, p.17). 

EN 

3 

   EN 

 
                                                 
list  of  those  activities  is  already  covered  by  relevant  Community  legislation,  namely 
Directive 85/337/EEC.  

(5) 

Amendments to the Espoo Convention are open to ratification, approval or acceptance 
by  the  Parties.  The  European  Community  and  the  Member  States  should  take  the 
necessary  steps  to  allow  the  deposit,  as  far  as  possible  simultaneously,  of  the 
instruments of ratification, approval or acceptance. 

(6) 

The  Community  should  approve  the  aforementioned  two  amendments  to  the  Espoo 
Convention, 

HAS DECIDED AS FOLLOWS: 

Article 1 

The first and second amendments to the UN/ECE Espoo Convention on environmental impact 
assessment in a transboundary context are hereby approved on behalf of the Community. 

The text of the amendments is attached to this Decision. 

Article 2 

The  President  of  the  Council  is  hereby  authorised  to  designate  the  person  or  persons 
empowered  to  deposit  the  instrument  of  approval  of  the  amendments  with  the  Secretary-
General  of  the  United  Nations,  acting  in  his  capacity  as  Depositary,  in  accordance  with 
Article 17 of the Espoo Convention. 

Done at Brussels, […] 

For the Council 
The President 
[…] 

EN 

4 

   EN 

 
 
 
 
AMENDMENTS TO THE ESPOO CONVENTION ON ENVIRONMENTAL 
IMPACT ASSESSMENT IN A TRANSBOUNDARY CONTEXT 

FIRST AMENDMENT 

At the end of Article 1 (x), after persons insert:  

"and,  in  accordance  with  national  legislation  or  practice,  their  associations,  organizations  or 
groups"  

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.  

At the end of Article 17, insert a new paragraph reading: 

"7.  Any  State  or  organization  that  ratifies,  accepts  or  approves  this  Convention  shall  be 
deemed simultaneously to ratify, accept or approve the amendment to the Convention set out 
in decision II/14 taken at the second meeting of the Parties". 

SECOND AMENDMENT 

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 purposes of determining the 
content of the environmental impact assessment documentation, the affected Party should to 
the extent appropriate be given the opportunity to participate in this procedure".  

In Article 8, after Convention insert: 

"and under any of its protocols to which they are a Party"  

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 pertinent to the achievement of the purposes of this Convention";  

At the end of Article 11, insert two new subparagraphs reading: 

"(g) Prepare, where appropriate, protocols to this Convention;  

(h) Establish such subsidiary bodies as they consider necessary for the implementation of this 
Convention". 

In Article 14, paragraph 4, replace the second sentence by a new sentence reading: 

EN 

5 

   EN 

 
"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 ratification, approval 
or acceptance by at least three fourths of the number of Parties at the time of their adoption". 

After Article 14, insert a new article reading: 

"Article 14 bis  

Review of compliance 

1. The Parties shall review compliance with the provisions 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  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". 

Replace Appendix I to the Convention by the Appendix to this decision;  

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 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.  (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  dismantling  or 
(except  research  installations  for  the 
decommissioning  of  such  power  stations  or  reactors  1
production and conversion of fissionable and fertile materials, whose maximum power does 
not exceed 1 kilowatt continuous thermal load). 

/ 

3. (a) Installations for the reprocessing of irradiated nuclear fuel;  

(b) Installations designed:  

–  - For the production or enrichment 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  

EN 

6 

   EN 

 
–  -  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. 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  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 installations.  

7. (a) Construction of motorways, express roads  2
and of airports 3

with a basic runway length of 2,100 metres or more;  

/ 

/ 

and lines for long-distance railway traffic 

(b) Construction of a new road of four or more lanes, or realignment and/or widening of 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 pipelines for the transport of oil, gas or chemicals. 

9.  Trading  ports  and  also  inland  waterways  and  ports  for  inland-waterway  traffic  which 
permit the passage of vessels of over 1,350 metric tons.  

10. (a) Waste-disposal installations for the incineration, chemical treatment or landfill of toxic 
and dangerous wastes;  

(b)  Waste-disposal  installations  for  the  incineration  or  chemical  treatment  of  non-hazardous 
waste with a capacity exceeding 100 metric tons per day. 

11. Large dams and reservoirs.  

12. Groundwater abstraction activities or artificial groundwater recharge  schemes  where  the 
annual volume of water to be abstracted or recharged amounts to 10 million cubic metres or 
more.  

13. Pulp, paper and board manufacturing of 200 air-dried metric tons or more per day.  

14. Major quarries, mining, on-site extraction and processing of metal ores or coal.  

15. Offshore hydrocarbon production. Extraction of petroleum and natural gas for commercial 
purposes  where  the  amount  extracted  exceeds  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.  

EN 

7 

   EN 

 
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 per cent of this flow.  

In both cases transfers of piped drinking water are excluded.  

19. Waste-water treatment plants with a capacity exceeding 150 000 population equivalent.  

20. Installations for the intensive rearing of poultry or pigs with more than:  

–  85 000 places for broilers;  

–  60 000 places for hens;  

–  3 000 places for production pigs (over 30 kg); or  

–  900 places for sows.  

21. Construction of overhead electrical power lines with a voltage of 220 kV or more and a 
length of more than 15 km. 

22. Major installations for the harnessing of wind power for energy production (wind farms).  

____________________  

1.  For  the  purposes  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 purposes 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 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 signposted 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).  

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).  

EN 

8 

   EN