CELEX: 51992PC0093
Language: en
Date: 1992-03-24
Title: Proposal for a COUNCIL DECISION CONCERNING THE CONCLUSION, ON BEHALF OF THE COMMUNITY, OF THE CONVENTION ON ENVIRONMENTAL IMPACT ASSESSMENT IN A TRANSBOUNDARY CONTEXT

24 . 4 . 92                               Official Journal of the European Communities                             No C 104 / 5
                                                                  II
                                                         (Preparatory Acts)
                                                    COMMISSION
                Proposal for a Council Decision concerning the conclusion, on behalf of the Community, of the
                           convention on environmental impact assessment in a transboundary context
                                                           (92 / C 104 /05)
                                                         COM(92) 93 final
                                         (Submitted by the Commission on 25 March 1992)
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                              Whereas, by adopting Directive 85 /337/EEC on the
                                                                       assessment of the effects of certain public and private
                                                                       projects on the environment (3), the Council defined
Having regard to the Treaty establishing the European                  common rules for environmental impact assessment in a
Economic Community, and in particular Article 130s                     transboundary context ; whereas these rules are amply
thereof,                                                               reaffirmed in the principles , objectives and main
                                                                       provisions of the Convention ;
Having regard to the proposal from the Commission,
                                                                       Whereas the Convention , pursuant to Article 17 , is open
                                                                       for ratification, acceptance or approval by the Member
Having regard to the opinion of the European                           States and by regional economic integration organiz­
Parliament,                                                            ations ;
                                                                       Whereas it is essential for the Community to approve
Having regard to the opinion of the Economic and                       this Convention ;
Social Committee ,
                                                                       Whereas the foregoing considerations relate to the
Whereas the Commission, on behalf of the Community,                    Community's obligations, under which the Council
participated in the negotiations (l) conducted within an               should conclude this Convention ;
 ad hoc working party convened under the auspices of the
United Nations Economic Commission for Europe
(ECE) with a view to preparing a convention on                         Wheras certain provisions of the Convention fall within
environmental impact assessment in a transboundary                     the field of competence of the Member States ; whereas it
context ;                                                              is necessary for all the Member States to become
                                                                       Contracting Parties so that all the obligations arising
                                                                       from the Convention can be properly fulfilled ;
Whereas, at the conclusion of the negotiations on 25
February 1991 , the Espoo (Finland) Convention on
environmental impact assessment in a transboundary                     Whereas it is hence necessary for the Member States to
context was adopted and signed by the Community on                     ratify the Convention in accordance with their spheres of
the basis of an authorization from the Council (2);                    competence ;
                                                                       Whereas it is essential for all the Member States to
Whereas the purpose of this Convention is to ensure that               complete as soon as possible the procedures for their
preventive measures are taken to reduce and control any                accession to the Convention in order to enable the
 significant adverse transboundary environmental impact ;              Community and the Member States to deposit, simulta­
                                                                       neously if possible, their instruments of ratification,
                                                                       acceptance or approval ,
 (') Council Decision of 24 September 1990 , not published in
     the Official Journal ofthe European Communities.
 (2) Council Decision of 24 February 1991 , not published in the
     Official Journal ofthe European Communities.                       O OJ No L 175 , 5 . 7 . 1985 .
 ---pagebreak--- No C 104/ 6                            Official Journal of the European Communities                                      24 . 4 . 92
HAS ADOPTED THIS DECISION :                                           Annex to this Decision in accordance with the provisions
                                                                      of Article 17 (5) of the Convention .
                          Article 1
The Convention on environmental impact assessment in                                              Article 3
a transboundary context, adopted at Espoo, Finland, on
25 February 1991 , is approved by the European                        Member State shall take the necessary steps to ensure
Economic Community.                                                   that the Community and the Member States deposit their
                                                                      instruments of ratification , acceptance or approval at the
The text of the abovementioned Convention is appended                 same time if possible and no later than . . .
to this Decision .
                                                                      Member States shall inform the Commission no later
                          Article 2                                   than ... of their decision to accede to the Convention or
                                                                      to ratify it or, according to the circumstances , of the
1 . On behalf of the European Economic Community,                     probable date of completion of these procedures . In
the President of the Council of the European                          cooperation with the Member States , the Commission
Communities shall deposit the instrument of approval                  shall chose a date , at all events preceding . . . for
with the Secretary-General of the United Nations in                   depositing these instruments simultaneously.
accordance with the provisions of Article 17 of the
Convention .
                                                                                                  Article 4
2 . At the same time , the President shall deposit the
declaration of the spheres of competence set out in the               This Decision is addressed to the Member States .
                                                               ANNEX
             Declaration by the European Economic Community in relation to the extent of its competence in
             accordance with Article 17 (5 ) of the Espoo (Finland) Convention on environmental impact assessment in a
                                                        transboundary context
             As provided for in the EEC Treaty and in the light of existing Community legislation in the field covered
             by the Espoo Convention, more particularly Council Directive 85 / 337/EEC of 27 June 1985 , the
             Community possesses competence at international level in this field. It shares it with its Member States as
             regards the matters which are covered by the Espoo Convention, but are not yet the subject of Community
             legislation.
             From this it follows that the Community, within the limits indicated above, is competent to enter into
             binding commitments on its own behalf with non-member countries which are Contracting Parties to the
             Espoo Convention.