OOS cross-border proceedings (7)

The transboundary environmental impact procedure is part of the environmental impact assessment procedure for a planned project. The transboundary proceedings must be completed before a decision on the planned project can be issued.

Transboundary proceedings are conducted by the State Party that is the potential source of such impacts on the basis of legal regulations taking into account international conventions, bilateral agreements and national legislation.

The determination that a project may cause a significant transboundary environmental impact is made by the authority issuing the decision on the project. For projects in the so- called first group, the possibility of a transboundary impact should be noted in the EIS. For projects in the so-called second group, the criteria for determining the potential transboundary environmental impact may be factors such as, for example, the location of the project in a border area, a high level of atmospheric emissions, the discharge of waste water into a river flowing into a neighbouring country. The State Party of origin is obliged to notify the Affected State Party of the possibility of a transboundary impact and to provide the necessary information on the possible transboundary impact. The Convention on Environmental Impact Assessment in a Transboundary Context, drawn up in Espoo on 25 February 1991, stipulates, inter alia, the procedure for notifying the affected party, the procedure for preparing the relevant documentation, the consultation process (with the administration and the public) and the way in which the conclusions of the transboundary proceedings will be taken into account in the final decision.