A Guide to Best Practice
Chapter 14: Transboundary EIA
As examined in Chapter 1, EIA procedures focus on producing information on a national scale on environmental and social impacts, in conjunction with the concerned public. Transboundary environmental impact assessment (TEIA) extends the origin state’s EIA to include also transboundary impacts on affected state(s) and foreign actors. However, nowadays, the concept has been enlarged to cover EIA procedures designed to evaluate possible impacts by human activities on the environment of areas beyond a state’s national jurisdiction, even if this procedure faces practical problems. As mentioned in Chapter 1, the first national EIA procedures appeared at the end of the 1960s and, especially, at the beginning of the 1970s. This contrasts starkly with the evolution of transboundary environmental impact assessment (TEIA), since the first TEIA procedure having an international importance came into being with the adoption of the EIA Directive of the then European Community (EC), as late as 1985. Article 7 of the Directive provided minimum requirements from Member States’ national EIAs, and had only this to say of the TEIA Where a Member State is aware that a project is likely to have significant effects on the environment in another Member State or where a Member State likely to be significantly affected so requests, the Member State in whose territory the project is intended to be carried out shall forward the information gathered pursuant to Article 5 to the other Member State at the same time as it makes it available to its own nationals.
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