Environmental Impact Assessment in a Trans-boundary Context in the SEE Countries

Abstract

Environmental Impact Assessment (EIA) as a tool used to identify the environmental, social and economic impacts prior to decision-making in trans-boundary projects has been introduced in countries of South Eastern Europe (SEE) relatively recently.

This paper gives an overview of the existing legal regimes and obligations regarding EIA procedures in the SEE region taken in the process of EU integration. It presents the main elements of the Espoo Convention and the bilateral/multilateral agreements under the Convention aimed at enabling its effective application, as well as a short analysis of the implementation of the Espoo Convention in the SEE region so far. Through this paper, we discuss the new multilateral agreement under the Espoo Convention signed among countries of the SEE – the Bucharest Agreement, its purpose and applicability, as well as the identified constrains. We argue that mechanisms for public participation in the Bucharest Agreement need to be clearly established and that the special regime proposed for the joint cross border projects is jeopardizing the principles of the Espoo Convention and other UNECE Conventions. Considering that the SEE region have yet to declare Natura 2000 areas, and that many already protected areas are near the borders, we recommend broadening the criteria on significance under the Bucharest Agreement to take into account the biodiversity richness of the region.