2008/871/EC: Council Decision of 20 October 2008 on the approval, on behalf of the European Community, of the Protocol on Strategic Environmental Assessment to the 1991 UN/ECE Espoo Convention on Environmental Impact Assessment in a Transboundary Context
Date: 2008-10-20
Institutions: Council of the European Union
Subjects: EU environmental policy, UN convention, accession to an agreement, environmental impact, international convention, ratification of an agreement

19.11.2008

EN

Official Journal of the European Union

L 308/33

COUNCIL DECISION

of 20 October 2008

on the approval, on behalf of the European Community, of the Protocol on Strategic Environmental
Assessment to the 1991 UN/ECE Espoo Convention on Environmental Impact Assessment in a
Transboundary Context

(2008/871/EC)

THE COUNCIL OF THE EUROPEAN UNION,

(4)

SEA Protocol

The
Community,

should

be

approved

by

the

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

sentence of

first

first

the

HAS DECIDED AS FOLLOWS:

Article 1

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament (1),

The Protocol on Strategic Environmental Assessment to
Impact Assessment
is hereby

1.
the Espoo Convention on Environmental
in a Transboundary Context
(SEA Protocol)
approved on behalf of the European Community.

Whereas:

2.

The text of the SEA Protocol is attached to this Decision.

(1)

(2)

(3)

On 21 May 2003, on the occasion of the fifth Ministerial
Conference ‘Environment
for Europe’ held in Kiev,
Ukraine, 21-23 May 2003, the Commission, on behalf
of the Community, signed the Protocol on Strategic En­
vironmental Assessment
to the 1991 UN/ECE Espoo
Convention on Environmental Impact Assessment in a
Transboundary Context (SEA Protocol).

The SEA Protocol helps to protect the environment by
providing for the assessment of the likely significant en­
vironmental,
including health, effects of plans and
programmes and by endeavouring to ensure that envi­
ronmental, including health, concerns are considered and
integrated, to the extent appropriate, in the preparation
of proposals for policies and legislation.

Article 2

The President of

1.
is hereby authorised to
the Council
designate the person(s) empowered to deposit the instrument
of approval of the SEA Protocol with the Secretary-General of
the United Nations, acting in his capacity as Depositary,
in
accordance with Article 22 of that Protocol.

At the same time, the designated person(s) shall deposit
2.
the declaration of competence set out in the Annex to this
Decision, as required by Article 23(5) of the SEA Protocol.

Done at Luxembourg, 20 October 2008.

The Community and the Member States should take the
necessary steps to allow the deposit, as far as possible
simultaneously, of
ratification,
approval or acceptance.

instruments of

the

For the Council
The President

J.-L. BORLOO

(1) Opinion of 8 July 2008 (not yet published in the Official Journal).

L 308/34

EN

Official Journal of the European Union

19.11.2008

ANNEX

Declaration by the European Community in accordance with Article 23(5) of the Protocol on Strategic
Environmental Assessment to the 1991 UN/ECE Espoo Convention on Environmental Impact Assessment in
a Transboundary Context

The European Community declares that, in accordance with the Treaty establishing the European Community, and in
particular Article 175(1) thereof, it is competent to enter into international agreements, and to implement the obligations
resulting therefrom, which contribute to the pursuit of the following objectives:

— preserving, protecting and improving the quality of the environment,

— protecting human health,

— prudent and rational utilisation of natural resources,

— promoting measures at international level to deal with regional or worldwide environmental problems.

the European Community declares that

including Directive
Moreover,
2001/42/EC of the European Parliament and of the Council concerning the assessment of the effects of certain plans
and programmes on the environment, binding on its Member States, covering matters governed by this Protocol, and will
submit and update, as appropriate, a list of those legal instruments to the Depositary in accordance with Article 23(5) of
the Protocol.

it has already adopted legal

instruments,

The European Community is responsible for the performance of those obligations resulting from the Protocol which are
covered by Community law.

The exercise of Community competence is, by its nature, subject to continuous development.